The URL can be used to link to this page

Home My WebLink About1999-11-10 Packet r CITY COUNCIL MEETING AGENDA WEDNESDAY, NOVEMBER 10, 1999 6:00 p.m. L CALL TO ORDER 1. Roll Call H. PUBLIC HEARING (S) III. APPEARANCES /AWARDS 1. Lino Lakes Area Chamber of Commerce IV. CONSIDERATION OF MINUTES 1. October 26, 1999 Council Workshop Minutes 2. October 27, 1999 Council Meeting Minutes V. PAYMENT OF CLAIMS ID 1. The City of Centerville October 28 through November 11 1999 2. Centennial Fire District 3. Water Interconnect — Pay Request No. 1 VI. SET AGENDA VII. PETITIONS AND COMPLAINTS f y //Lei ti, 4 e: a - - 1)r s" 4 c .4 VIII. UNFINISHED BUSINESS 1. Eagle Trucking Appraisal 2. Rental Property Ordinance 3. Council Chambers Rental Policy — For - profit Organizations 4. Tri -City Police Department Joint Powers Agreement 5. St. Paul Water Utility Surplus Property — Peltier Lake Flowage 6. Public Works Site Redevelopment — Draft Request for Proposals IX. NEW BUSINESS 1. Abatement Resolution 2. Met Council — Cedar Street Sewer Interceptor Easement 3. Lloyd Drilling — Appletree Square Trail Issue 4. Personnel Policy — Holidays X. CONSENT AGENDA XI. COMMITTEE REPORTS XII. ADMINISTRATORS REPORT XIII. ADJOURNMENT CITY COUNCIL MEETING AGENDA WEDNESDAY, NOVEMBER 10,1999 6:00 p.m. a! CALL TO ORDER Roll Call II. PUBLIC HEARING (S) III. APPEARANCES /AWARDS 1. Lino Lakes Area Chamber of Commerce L-TG COONSIDERATION OF MINUTES 4: October 26, 1999 Council Workshop Minutes 1 -1. October 27, 1999 Council Meeting Minutes PV. / PAYMENT OF CLAIMS Li The City of Centerville October 28 through November 12, 1999 mil. Centennial Fire District ri31- Water Interconnect — Pay Request No. 1 i' / SET AGENDA i I• PETITIONS AND COMPLAINTS II. UNFINISHED BUSINESS //1,/ Eagle Trucking Appraisal Rental Property Ordinance • Council Chambers Rental Policy — For - profit Organizations Tri -City Police Department Joint Powers Agreement • St. Paul Water Utility Surplus Property — Peltier Lake Flowage 6. ra Public Works Site Redevelopment — Draft Request Proposals for Proposal . t 6 / . IL NEW BUSINESS i ✓i Abatement Resolution Met Council — Cedar Street Sewer Interceptor Easement " i- " g-- Lloyd Drilling — Appletree Square Trail Issue ,/ Personnel Policy — Holidays 1 �. P•hj 0/. 6:i 6. /1443. ^ N1on P' 1 • X. CONSENT AGENDA XI. COMMITTEE REPORTS XII. ADMINISTRATORS � R�tEEP RT a� i) Tea +s oa rew9 XIII. ADJOURNMENT MEMO DATE : November 5, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Appearance of Tim Rehbine to represent the Lino Lakes Chamber of Commerce ** * * * * * * * * * * * * *** ** **** * * ** * * ** ** ** * * ** *** * *** * * * * * *** *ski ******* ** ** * * * *** Mr. Rehbine has indicated that he will attempt to appear at the November 10, 1999 Council meeting to discuss the benefits to the City of Centerville for joining the Lino Lakes Area Chamber of Commerce. Mr. Rehbine has another meeting the same evening, so he may appear towards the end of the meeting. NOT APPROVED CITY OF CENTERVILLE CITY COUNCIL WORKSHOP OCTOBER 26, 1999 6:00 p.m. Pursuant to due call and notice thereof, the City Council of Centerville held a workshop on October 26, 1999, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Mari Nelson Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers STAFF: City Administrator, Jim March City Clerk, Diane Ward Building Official, Paul Palzer I. CALL TO ORDER Mayor Wilbarber called the October 26, 1999 workshop to order at 6:00 p.m. II. PUBLIC WORKS ISSUES: 1. Public Works Appraisal, new Public Works building, and feasibility of water main extension to downtown. Mr. March began the discussion by addressing the public works site appraisal. Council was surprised that the appraisal was not higher and it should be higher. Mayor Wilharber asked about the cost of bringing water to the site. Mr. March stated that all these issues were related to each other so he requested a proposal from the City Engineer, Tom Peterson regarding a feasibility report for the water main extension to downtown that would incorporate some of the design team ideas for the intersections of Main Street and Centerville Road and Centerville Road and Sorel Street. Bonestroo has staff experienced in the "street scape" projects that used the decorative sidewalk, historic lighting etc. Mr. March stated he sees this a phased redevelopment, and that some of the residents have indicated that they wish to have water available to their property downtown. Page 1 of 3 Mr. March addressed the redevelopment issue of this property. Mr. March distributed a request for proposals that the City of Wyoming developed to redevelop some of their City's property. Council member Broussard Vickers stated that the current Public Works property would have to be rezoned to allow redevelopment as it is zoned "public" right now. Mayor Wilharber questioned the possibility of Anoka County widening County Road 14 and future plans for Centerville Road as well. Mayor Wilharber distributed information on his conversation with Mr. Huber the owner of Eagle Trucking on 20 Avenue regarding the sale of this property and addressed the possibility of the City purchasing this site for the Public Works facility. Council member Nelson stated that the residents should be kept informed of the redevelopment of the current public works site and plans for a new public works. Mr. March stated that he would contact Tom Peterson to find out what exactly the feasibility report for the water main extension and appurtenances will cover. After discussion on the above items, Council reached a consensus that Council should make formal motions at their October 27, 1999 meeting: 1. Develop a request for proposals for the redevelopment of the current public works property and direct staff to contact property owners on the intention of the City. 2. Order the feasibility report for the extension of water main and the "streetscape" improvements in the downtown area and investigate the County's intentions for County Road 14. 3. Proceed with the investigation for a new public works facility a) State the City's strong interest in the Eagle Trucking site with Mr. Huber. b) Go through the Eagle Trucking building again to ensure that it will meet the City's needs as a Public Works facility. c) Obtain an appraisal of the building and property. d) Verify the actual size of the lot for future lot split possibilities. e) Obtain Phase I environmental assessment of the property. f) Discuss financing options with Mr. Huber. g) Possible date of ownership. II. Revising the Preliminary Budget Mr. March informed the Council of the monies left over after expenditures were included in the budget and reviewed the Council's goals. Page 2 of 3 After discussion Council consensus was to retain the tax rate based on the fact that development will be complete in a few years and at that time the extra money for improvements that need to be made within the City will not be there. III. ADJOURNMENT Motion by Council member Broussard Vickers, seconded by Council member Sweeney, to adjourn the October 26, 1999 Council Workshop at 7:40 p.m. Motion carried unanimously. Respectfully submitted, Diane Ward City Clerk Page 3 of 3 • NOT APPROVED CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 27, 1999 6:00 p.m. Pursuant to due call and notice thereof, the City Council of Centerville held their regularly scheduled meeting on October 27, 1999, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers ABSENT: Council Member Mari Nelson STAFF: City Administrator, Jim March City Clerk, Diane Ward City Attorney, Jim Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the October 27, 1999 City Council meeting to order at 6:00 p.m. II. PUBLIC HEARING (S) NONE III. APPEARANCES /AWARDS - NONE IV. CONSIDERATION OF MINUTES October 13. 1999 Council Meeting Minutes Motion by Council member Broussard Vickers, seconded by Council member Travis to approve the October 13, 1999 Council meeting minutes with corrections. Motion carried unanimously. V. PAYMENT OF CLAIMS The City of Centerville October 14, through October 27, 1999 Motion by Council member Sweeney, seconded by Council member Travis to approve the expenditures for the City from October 14, 1999 through October 27, 1999. Motion carried unanimously. Page 1 of 5 Centennial Fire District Motion by Council member Travis, seconded by Council member Broussard Vickers to approve the Centennial Fire District ratification of expenditures. Motion carried unanimously. VI. SET AGENDA NEW BUSINESS: 7. Use of City Hall for Investment Seminar by Todd Hassel of Prudential Insurance 8. Membership — Lino Lakes Area Chamber of Commerce 9. Appraisal of Eagle Trucking site 10. Feasibility Study for Extension of Water Main to Downtown Area Motion by Council member Sweeney seconded by Council member Broussard Vickers. to approve the agenda with additions. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS - NONE VIII. UNFINISHED BUSINESS Animal Ordinance Council reviewed the latest draft of the Animal Ordinance. City Attorney Hoeft suggested a couple changes. Motion by Council member Travis, seconded by Council member Sweeney to pass Ordinance No. 24, An Ordinance Prescribing Regulations For Confinement, Licensing And Care Relating To Animal Control; And Repealing Ordinances Nos. 24 -A And 24 -B Relating To The Same Subject, with corrections suggested by City Attorney. Motion carried unanimously. Motion by Council member Broussard Vickers, seconded by Council member Sweeney adopting Resolution No. 99 -15, Approving Title And Summary Of Ordinance No. 24 An Ordinance Prescribing Regulations For Confinement, Licensing And Care Relating To Animal Control; And Repealing Ordinances Nos. 24 -A And 24 -B Relating To The Same Subject. Motion carried unanimously. IX. NEW BUSINESS Draft Rental Housing Ordinance Mr. March reviewed the Rental Ordinance with Council. Page 2 of 5 After some discussion, Mayor Wilharber suggested that the ordinance be tabled until the first meeting in November 1999 to allow the City Attorney and Council more time to review the ordinance. Motion by Council member Sweeney, seconded by Council member Travis to table the ordinance to the first meeting in November 1999. Motion carried unanimously. Tri -City Police Joint Powers Agreement Jim Hoeft, City Attorney reviewed the agreement with Council. Mr. Hoeft stated that he had a couple of concerns. That the Section 2.1 regarding appointment of an acting chief be further clarified and Section 6.1 delete "Each calendar year ". Council had some concerns regarding a City being delinquent in their payment. Motion by Mayor Wilharber, seconded by Broussard Vickers to table this agreement to the first meeting in November 1999. Motion carried unanimously. Lift Station #2 Upgrade Mr. March presented information to Council regarding the Lift Station #2 Upgrade. Motion by Council member Travis, seconded by Council member Sweeney to accept Bonestroo's report and to proceed with the plans and specifications for the Lift Station #2 upgrade. Motion approved unanimously. Public Works Employee Appointment Mr. March recommended Ted Peterson be offered the position in the Public Works Department. Motion by Council member Broussard Vickers, seconded by Council member Sweeney to offer the position of Public Works Employee to Ted Peterson contingent upon a background check and drug testing. Motion approved unanimously. Lawn Mowing Contract Mr. March reviewed the lawn mowing contract with Council. Council member Broussard Vickers asked that a certificate of insurance be provided with this contract. Motion by Council member Travis, seconded by Council member Broussard Vickers to adopt Resolution No. 99 -16, APPROVAL OF AGREEMENT BETWEEN THE CITY OF CENTERVILLE AND VALLEY CREEK LAWN & LANDSCAPE, INC. Motion carried unanimously. Page 3 of 5 Water Connection for 7289 Mill Road Mr. March stated that a building permit has been received for building a home at 7289 Mill Road. Water is currently not available in this area but that a quotation has been received from Ro -So Contracting, Inc. in the amount of $3,575.00 for providing service to the property by tapping into a hydrant located near the property. He also informed Council that this area was included as an alternate in a past project, but it was decided not to construct at the time. After considerable discussion, a motion by Council member Broussard Vickers, seconded by Council member Sweeney to allow the individual to connect to the water main by boring under the street using an approved contractor, subject to Public Works inspection and that the individual. within the contract it be noted that they will be held responsible for the future assessment to be determined at the time water main is installed in the area minus the cost of the service. Motion carried unanimously. Investment Seminar Mayor Wilharber informed the Council that a request has been received by Todd Hassel, a resident, to hold an investment seminar at City Hall. Mr. March stated the building has been used by the school district, but that the issue would be that this would be for a for -profit organization rather than a non - profit. Motion by Council member Travis, seconded by Council member Sweeney to table this request until the next meeting to have staff prepare a rental agreement for Council review. Lino Lakes Area Chamber of Commerce Council member Travis informed Council that the EDC recommends that the City become a member of the Lino Lakes Area Chamber of Commerce. Council directed staff to contact the Chamber and invite them to make a presentation to Council at their next meeting. Public Works Building Mr. March stated that at the Council's workshop it was the consensus of Council to proceed with the appraisal process for the Eagle Trucking site and that a formal action needs to be taken. There was discussion about contacting Mr. Huber to discuss developing a Letter of Understanding so that he would not sell the property while the City was investigating the possibility of purchasing the site for the Public Works facility. Motion by Council member Travis, seconded by Councilmember Sweeney authorizing the appraisal of the Eagle Trucking site and directing staff to contact Eagle Trucking regarding a Letter of Understanding. Motion carried unanimously_ Page 4 of 5 Extension of Water Main Mr. March stated that Bonestroo has submitted a proposal for the extension of water main into the downtown area at a cost not to exceed $3,000 that was discussed at the Council's workshop. City Engineer Peterson stated that he would contact the County with regard to the County's intention in reconstructing County Road 14 and Centerville Road. Mr. March informed Council that formal action needed to be taken on the extension of water main to the downtown area. Motion by Council member Travis, seconded by Council member Sweeney to pass a motion adopting Resolution No. 99 -17, RESOLUTION ORDERING PREPARATION OF REPORT FOR THE WATER MAIN EXTENTION INTO THE DOWNTOWN AREA, at a cost not to exceed 53,000. Motion carried unanimously. X. CONSENT AGENDA - NONE XI. COMMITTEE REPORTS - NONE XII. ADMINISTRATORS REPORT - NONE XIII. ADJOURNMENT Motion by Council member Sweeney, seconded by Council member Broussard Vickers, to adjourn the October 27, 1999 Council Meeting at 8:10 p.m. Motion carried unanimously. Respectfully submitted, Diane Ward City Clerk, CMC Page 5 of 5 i . e thiy • 1 1 • • C � ppp4 s eo to t. FINANCIAL STATEMENTS O CTOBER, 1999 • City of Centerville Cash, Investments & Debts Checking Balance As of 10/31/99 4.14% Avq. Interest Rate $2,378,199 Plus Revenue in November $89,655 Less Expenses in November ($153,701) FIRSTAR CHECKING ACCOUNT BALANCE $2,314,153 INVESTMENTS CD 4.8% Interest Matures 01/12/02 $1,046 CD 4.8% Interest Matures 12/30/01 $1,259 CD 4.31% Interest Matures 11 /05/99 $50,023 CD 5.20% Interest Matures 02/27/99 $114,218 Money Market 4.73% Avq. Interest Rate $309,344 Money Market 4.73% Avq. Interest Rate $115,159 FIRSTAR BANK - MARKET VALUE $591,050 LEAGUE OF MN MONEY MARKET 5.16% avg. Interest Rate $933,509 Bond 6.00% Interest Matures 01/28/09 $99,625 CD 7.00% Interest Matures 08/06/07 $96,000 CD 6.15% Interest Matures 06/10/06 $95,000 Bond 6.35% Interest Matures 05/04/00 $100,020 MONEY FUNDS 4.45% Avq. Interest Rate $15,604 SALOMON SMITH BARNEY - MARKET VALUE $406,249 INVESTMENTS $1,930,808 TOTAL CASH & INVESTMENTS 1 $4,244,9611 DEBITS CITY HALL Municipal Bldg. Lease ($6,868 Interest Only) $221,076 87 STREET BOND ($4,710 Interest Only) $223,550 $122,300 Annual Expense -Misc. Transfer Out TOTAL DEBTS 1 $444,6261 CITY OF CENTERVILLE MONTHLY ACTIVITY REPORT • I ACCT. # 1 RECEIPTS 1 1ST QTR. I2ND QTR. I3RD QTR.I Oct.-99 1 YTD 31000 General Property Taxes 15,017 0 383,630 0 398,647 32000 Licenses /Permits 430 1256 3,415 0 5,101 32100 Licenses /Permits - Business 0 35 522 345 902 32180 Licenses /Permits - Other 19,500 1948 1,330 660 23,438 32200 Licenses /Permits - Non- Business 24 120 1,009 14 1,167 32210 Licenses /Permits - Buildinq 25,611 85016 42,609 18,673 171,909 32225 Licenses /Permits - Electrical 1,901 2658 3,644 1,099 9,302 32250 Fees - Mailbox 275 750 425 100 1,550 32300 Fees - Buildinq Site Maintenance 2,475 5850 3,825 900 13,050 33401 Aid - Local Government 0 0 27,432 0 27,432 33402 Homestead Credit 0 0 52,011 0 52,011 33405 Fire Relief Aid 0 0 0 60,088 60,088 33423 Aid - Local Performance 0 0 0 0 1,396 34107 Fees - Assessment Search 240 385 380 120 1,125 34780 Fees - Parks 0 0 0 0 0 35000 Fines /Forfeits 6,987 9,131 10,877 3,020 30,015 35101 Aid - Police State 0 0 0 0 0 36110 Special Assessments - Pre -paid 28,901 0 - 23,070 0 5,832 36120 Special Assessments - County 0 0 -5,832 0 - 5,832 36130 Admin. Enterprise Fund 0 0 800 0 800 36200 Miscellaneous Revenue 90 772 42 11 915 36210 Interest Earnings 30,944 19,201 13,835 0 63,980 36235 Escrow Deposits 3,200 0 0 0 3,200 36240 Cable Commission Reimb. 4,973 0 -0 0 4,973 36270 Refunds /Reimbursements 235 17,286 9,873 2,008 29,401 36280 Sales Tax Collections 0 3 11 0 14 1 Totals 140,803 144,411 528,164 87,037 900,415 ACCT. # 1 EXPENSES 1 1ST QTR. I2ND QTR. I3RD QTR.I Oct. -99 I YTD 41110 Council Expense 1,862 3,400 2,709 11 7,982 41400 Administration Expense 58,189 98,599 52,993 20,542 230,323 41410 Elections 124 0 152 0 276 41500 Financial Administration 0 0 8,450 0 8,450 41550 Assessing 11,909 0 0 0 11,909 41600 Law /Legal Services 17,462 12,055 11,453 0 40,970 41910 Planning & Zoning Commission 224 549 246 318 1,337 41940 Gov't. Building /Plant 1,835 0 0 0 1,835 41950 Engineering Services 13,395 4,916 2,107 2,069 22,487 42110 Police Administration 0 91,523 137,284 22,881 251,687 42280 Buildinq -City Hall /Fire Dept. 5,347 3,638 8,239 1,732 18,955 42285 Fire Protection 14,061 14,320 14,320 60,088 102,789 42400 Inspection - Buildinq 83,236 6,938 - 17,204 9,238 82,208 42403 Inspection - Electrical 1,365 0 0 0 1,365 42500 Civil Defense 214 218 936 0 1,368 42700 Animal Control 127 0 0 0 127 43000 Public Works 16,085 24,113 26,013 8,231 74,442 43100 Hwy., Streets, & Roads 15,362 33,642 7,512 2,282 58,798 43140 Long Term Maintenance 0 7,000 40,914 -- 102 48,015 43220 Street Cleaning 0 0 0 0 0 45200 Parks - General 6,641 671 386 59 7,757 45202 Parks - Areas 1,253 5,611 62,415 19,381 88,660 45410 Comprehensive Plan 2,603 0 0 0 2,603 46000 Improvement Projects 0 0 0 0 0 46500 Economic Dev. Committee 15 678 173 92 958 49000 Miscellaneous 696 34 3,027 0 3,757 49240 Insurance 0 500 0 0 500 49390 Transfers Out 0 0 100,020 0 100,020 49995 Capital Improvements 0 0 0 0 0 Totals 1,252,577 1,528,425 462,147 147,024 1,169,580 CITY OF CENTERVILLE- REVENUE & EXPENSES % OF BUDGET 1999 YEAR TO BUDGET ITEM ACCT. # REVENUE BUDGET DATE BALANCE RECEIVED 31000 General Property Taxes 762,119 398,647 363,472 52% 32000 Licenses/Permits 0 5,101 -5,101 0% 32100 Licenses/Permits - Business 10,360 902 9,458 9% 32180 Licenses/Permits - Other 23,140 23,438 -298 101% 32200 Licenses/Permits - Non- Business 1,000 1,167 -167 117% 32210 Licenses /Permits - Buildinq 158,500 171,909 - 13,409 108% 32225 Licenses/Permits - Electrical 3,300 9,302 -6,002 282% 32250 Fees - Mailbox 1,850 1,550 300 84% 32300 Fees - Buildinq Site Maintenance 1,850 13,050 - 11,200 705% 33401 Aid - Local Govemment 54,864 27,432 27,432 50% 33402 Homestead Credit 104,022 52,011 52,011 50% _ 33405 Fire Relief Aid 0 60,088 - 60,088 0% 33423 Aid - Local Performance 2,791 1,396 1,396 50% 34107 Fees - Assessment Search 200 1,125 -925 563% 34780 Fees - Parks 100 0 100 0% 35000 Fines /Forfeits 20,000 30,015 - 10,015 150% 35101 Aid - Police State 15,000 0 15,000 0% 36110 Special Assessments - Pre -paid 0 5,832 -5,832 0% 36120 Special Assessments - County 0 -5,832 5,832 0% 36130 Admin. Enterprise Fund 20,933 800 20,133 4% 36200 Miscellaneous Revenue 5,000 915 4,085 18% 36210 Interest Eaminqs 22,000 63,980 - 41,980 291% 36235 Escrow Deposits 0 3,200 -3,200 0% 36240 Cable Commission Reimb. 0 4,973 -4,973 0% ' _ 36270 Refunds /Reimbursements 5,000 29,401 - 24,401 588% 36280 Sales Tax Collections 0 14 -14 0% Totals 1,212,029 900,415 311,614 74% % OF 1999 YEAR TO BUDGET BUDGET , ACCT. # , EXPENSES BUDGET , DATE , BALANCE ,ITEM SPENT, 41110 Council Expense 12,158 7,982 4,176 66% 41400 Administration Expense 238,275 230,323 7,952 97% 41410 Elections 2,000 276 1,724 14% 41500 Financial Administration 6,950 8,450 -1,500 122% 41550 Assessing 10,800 11,909 -1,109 110% 41600 Law /Legal Services 25,000 40,970 - 15,970 164% 41910 Planning & Zoning Commission 1,500 1,337 163 89% 41940 Gov't. Buildinq /Plant 0 1,835 -1,835 0% 41950 Engineering Services 10,000 22,487 - 12,487 225% 42110 Police Administration 274,568 251,687 _ 22,881 92% 42280 Building-City Hall /Fire Dept. 20,500 18,955 1,545 92% 42285 Fire Protection 56,749 102,789 - 46,040 181% 42400 Inspection - Building 72,498 82,208 -9,710 113% 42403 Inspection - Electrical 2,520 1,365 1,155 54% 42500 Civil Defense 1,000 1,368 -368 137% 42700 Animal Control 750 127 623 17% 43000 Public Works 73,185 74,442 -1,257 102% 43100 Hwy., Streets, & Roads 39,709 58,798 - 19,089 - 148% 43140 Long Term Maintenance 64,066 48,015 16,051 75% 43220 Street Cleaning 25,622 0 25,622 0% 45200 Parks - General 20,000 7,757 12,243 39% 45202 Parks - Areas 35,277 88,660 - 53,883 251% 45410 Comprehensive Plan 0 2,603 -2,603 0% 46000 Improvement Projects 10,000 0 10,000 0% 46500 Economic Dev. Committee 6,500 958 5,542 15% 49000 Miscellaneous 15,000 3,757 11,243 25% 49240 Insurance 0 500 -500 0% 49390 Transfers Out 122,302 100,020 22,282 82% 49995 Capital Improvements 64,750 0 64,750 0% Totals 4,571,967 1,169,580 41,599 26% 10 Nov 1999 10/28- 11/10/99 _ Page 1 Wed 2:48 PM CITY OF CENTERVILLE • Ref Last Dim Transaction Batch Number Tp Account Code Description Amount Date Comments Name Customer Number 4811 R 620 -36200 Miscellaneous Revenues 25.00 01- Nov -99 SWEATSHIRT 110199 4889 R 601- 371' Water Sales 3,435.90 01- Nov -99 BATCH 41047 -1050 & 1054 110199 4809 R 602 -372;4 Sewer Sales 4,596.00 01- Nov -99 BATCH 41047 -1050 & 1054 110199 4809 R 415 -32350 STORM WATER DRAINAGE FUND 252.03 01- Nov -99 BATCH 41047 -1050 & 1054 110199 4809 R 601 -34400 SAFE DRINKING WATER FEE 286.55 01- Nov -99 BATCH 41047 -1050 & 1054 110199 4608 R 801 -36235 ESCROW DEPOSITS 800.v 01- Nov -99 7087 DIRE RD. -SWIFT 110199 4805 R 628 -36200 Miscellaneous Revenues 40.00 01- Nov -99 OTRLY NEWSLETTER AD 110199 4792 R 801 -36235 ESCROW DEPOSITS 800.- d'A 01- Nov -99 1661 LAKELAND CIR- IMPERIA 110199 4802 R 101 -32180 Other Licenses /Permits- leases 56.00 01- Nov -99 PLWIB. -P99 -105 110199 4803 R 101 -32100 Business Licenses /Permits 2,895.00 01- Nov -99 MONTAIN ENTERPRISES, INC. 110199 4800 R 101 -32225 ELECTRICAL PERMITS 22.50 01- Nov -99 2018 WILLOW CIRCLE 110199 4804 R 620 -36200 Miscellaneous Revenues 40.00 01- Nov -99 OTRLY. NEWSLETTER AD 110199 4806 R 101 -34107 Assessment Search Fees 20.00 01- Nov -99 7006 EAGLE TRAIL 110199 4810 R 101 - 32200 Non - Business Licenses /Permits 12.00 01- Nov -99 DOG. LIC. -6983 MEADOW CIR 110199 4807 R 601 -34600 WATER METER CHARGES 275.00 01- Nov -99 6980 MEADOW CIAIRT- ACKERMA 110199 4807 R 415 -32350 STORM WATER DRAINAGE FUND 200.00 01- Nov -99 6980 MEADOW COURT -ACKERMA 110199 4807 R 101 -32210 Building Permits 2,369.09 81- Nov -99 6980 MEADOW COURT- ACKERMA 110199 4807 R 101 -32250 MAIL BOX FEES 25.00 01- Nov -99 6980 MEADOU COURT- ACKERMA 110199 4807 R 101 -32300 SITE MAINT FEE -BLDG PERMITS 225.',': 01- Nov -99 6980 MEADOW COURT- ACKERMA 110199 4807 R 602 -34700 SAC CHARGES 1,050.00 01- Nov -99 6980 MEADOW COURT -ACKERMA 110199 4807 R 602 -37250 Sewer Connect /Reconnect Fee 1,750.00 01- Nov -99 6980 MEADOW COURT- ACKERMAi 110199 4807 R 601 - 37150 Water Connect /Reconnect Fee 1,300.00 01- Nov -99 6988 MEADOW COURT- ACKERMA 110199 4801 R 601 -346 WATER METER CHARGES 276.00 01-Nov -99 7305 BRIAN DR. -ENGEL ENTE 110199 4801 R 415-32350 STORM WATER DRAINAGE FUND 2s s,ss 01- Nov -99 7305 BRIAN DR. -ENGEL ENTE 110199 4801 R 101 -32210 Building Permits 2,088.34 01- Nov -99 7305 BRIAN DR. -ENGEL ENTE 110199 4801 R 101 -32250 MAIL BOX FEES 25.00 01- Nov -99 7305 BRIAN DR.-ENGEL ENTE 110199 4801 R 181 -32300 SITE MAINT FEE -BLDG PERMITS 225.00 01- Nov -99 7305 BRIAN DR. -ENGEL ENTE 110199 4801 R 602 -34700 SAC CHARGES 1,050.00 01- Nov -99 7305 BRIAN DR. -ENGEL ELITE 110199 4801 R 602 -37250 Sewer Connect /Reconnect Fee 1,750.'.4 01- Nov -99 7305 BRIAN DR. -ENGEL ENTE 110199 4801 R 601 -37150 Water Connect /Reconnect Fee 1,300.00 01- Nov -99 7305 BRIAN DR. -ENGEL ENTE 110199 4812 R 801 -36235 ESCROW DEPOSITS 800.00 01- Nov -99 7062 EAGLE TRAIL-MAC -MAY 110199 4813 R 101 -32210 Building Permits 333.20 01- Nov -99 6929 TOURVILLE CIR. 110199 4814 R 620 -36200 Miscellaneous Revenues 25.00 01- Nov -99 SWEATSHIRT 110199 4815 R 101-10 Building Permits 20.50 01- Nov -99 MECH. -M99 -126 110199 4816 R 101 -34107 Assessment Search Fees 20.00 01- Nov -99 23- 31 -22 -41 -0007 & 0006 110199 99053 R 101 -36200 Miscellaneous Revenues 0.50 01- Nov -99 PHOTO COPIES 110199 4817 R 60i -37100 Water Sales 1,851.31 01- Nov -99 BATCH 41052 & 1853 (UTILI 110199 4817 R 602 - 37200 Sewer Sales 2,027.00 01- Nov -99 BATCH 41052 & 1053 (UTILI 110199 4817 R 415-32350 STORM WATER DRAINAGE FUND 100.69 01- Nov -99 BATCH 41052 & 1053 (UTILI 110199 4817 R 601 -34000 Charges for Services 166.72 01- Nov -99 BATCH 41052 & 1053 (UTILI 110199 4830 R 602 - 37200 Sewer Sales 6,426.26 05- Nov-99 BATCH 1057, 1059, 1060 & 110599 4830 R 601 -37100 Water Sales 6,230.84 05- Nov -99 BATCH 1057, 1059, 1060 & 110599 4830 R 415 -32350 STORM WATER DRAINAGE FUND 326.68 05- Nov -99 BATCH 1057, 1059, 1060 & 110599 4830 R 601 -34000 Charges for Services 510.58 05- Nov -99 BATCH 1057, 1059, 1060 & 110599 4827 R 101-32000 Licenses and Permits 250.00 05- Nov-99 REZONE REQUEST 110599 10 Nov 1999 10/28- 11/10/99 Page 2 Wed 2:48 PM CITY OF CENTERVILLE Ref Last Dim Transaction Batch Number Tp Account Code Description Amount Date Comments Name Customer Number 4823 R 101 -32210 Building Permits 20.50 05- Nov -99 MECH. -1776 CENTER ST. 110599 4823 R 101 -32225 ELECTRICAL PERMITS 44.50 05- Nov -99 1776 CENTER ST. 110599 4822 R 101 -32100 Business Licenses /Permits 4,395.00 05- Nov -99 LIQUOR 4 CIG. LIC. -WATER 110599 4818 R 628 -36200 Miscellaneous Revenues 15.00 05- Nov -99 MUG & HAT 110599 4821 R 101 -32225 ELECTRICAL PERMITS 80.50 05- Nov -99 7034 DUPRE ROAD- SOLBERG 110599 4825 R 101 -32225 ELECTRICAL PERMITS 22.00 05- Nov -99 RE- INSPECTION 110599 4824 R 101 -32225 ELECTRICAL PERMITS 22.00 05- Nov -99 RE- INSPECTION 110599 4826 R 101 -32225 ELECTRICAL PERMITS 66.50 05- Nov -99 1857 MAIN ST.- MARSHALL 110599 4829 R 101 - 3 36270 REFUNDS/REIMBURSEMENTS 120.00 05- Nov -99 INY. M (PLOWING) 110599 4828 R 101 -32210 Building Permits 60.50 05- Nov -99 MECH. -7162 GRA GEYIEW AYE 110599 4831 R 101-32210 Building Permits 18.30 05-Nov -99 SIGN -GOETZ 110599 4832 R 324 -36100 Special Assessments 11,534.72 05- Nov -99 6983 MEADOW CIRCLE 110599 4820 R 601 -34600 WATER METER CHARGES 276.1" 05- Nov -99 7032 EAGLE TR. -MAC -MAY 110599 4820 R 415 -32350 STORM WATER DRAINAGE FUND 200.00 05- Nov -99 7032 EAGLE TR.- MAC -PAY 110599 4820 R 101 -32210 Building Permits 1,750.94 05- Nov -99 7032 EAGLE TR. -MAC -NAY 110599 4820 R 101 - 32250 MAIL BOX FEES 25.00 05- Nov -99 7032 EASLE TR. -MAX; -PAY 110599 4820 R 101 -32388 SITE MAINT FEE -BLDG PERMITS 225.'% 05- Nov -99 7032 EAGLE TR.- MAC -PAY 110599 4820 R 602 -37250 Sewer Connect /Reconnect Fee 1,750.00 05- Nov -99 7032 EAGLE TR.- PAC -MAY 110599 4820 R 682 -34700 SAC CHARGES 1,050.00 05- Nov -99 7032 EAGLE TR.-MAC-MAY 110599 4820 R 601 -37150 Water Connect /Reconnect Fee 1,300.00 05- Nov -99 7032 EAGLE TR.- MAC -MAY 110599 4819 R 601 -34600 WATER METER CHARGES 276.00 05- Nov -99 6985 EAGLE TR. -SWIFT 110599 4819 R 415 -32350 STORM WATER DRAINAGE FUND 200.00 05- Nov -99 6985 EAGLE TR. -SWIFT 110599 4819 R 101 -32210 Building Permits 1,991.94 05- Nov -99 6985 EAGLE TR. -SWIFT 110599 4819 R 101 -32250 MAIL BOX FEES 25.'4 05-Nov -99 6985 EAGLE TR. -SWIFT 110599 4819 R 101 -32300 SITE MAINT FEE -BLDG PERMITS 225.00 05- Nov -99 6985 EAGLE TR. -SWIFT 110599 4819 R 602 -37250 Sewer Connect /Reconnect Fee 1,750.00 05- Nov -99 6985 EAGLE TR. -SWIFT 110599 4819 R 602 -34700 SAC CHARGES 1,050.00 05- Nov -99 6985 EAGLE TR. -SWIFT 110599 4819 R 601-37150 Water Connect /Reconnect Fee 1,300.00 05- Nov -99 6985 EAGLE TR. -SWIFT 110599 4819 R 601 -34600 WATER METER CHARGES 276.00 05- Nov -99 6989 EAGLE TR. -SWIFT 110599 4819 R 415 -32350 STORM WATER DRAINAGE FUND 2":.00 05- Nov -99 6989 EAGLE TR. -SWIFT 118599 4819 R 101 -32210 Building Permits 2,003.49 05- Nov -99 6989 EAGLE TR. -SWIFT 110599 4819 R 101 -32250 MAIL BOX FEES 25.00 05- Nov -99 6989 EAGLE TR. -SWIFT 110599 4819 R 101 -32300 SITE PAINT FEE -BLDG PERMITS 225.00 05- Nov -99 6989 EAGLE TR. -SWIFT 110599 4819 R 602- 37250 Sewer Connect /Reconnect Fee 1,750.00 05- Nov -99 6989 EAGLE TR. -SWIFT 110599 4819 R 602 -34700 SAC CHARGES 1,050.00 05- Nov -99 6989 EAGLE TR. -SWIFT 110599 4819 R 601 -37150 ' Water Connect /Reconnect Fee 1,300.00 05- Nov -99 6989 EAGLE TR. -SWIFT 110599 4819 R 601 -34600 WATER METER CHARGES 276.00 05- Nov -99 7005 DUPRE RD. -SWIFT 110599 4819 R 415 -32350 STORM WATER DRAINAGE FUND 200.00 05-Nov -99 7005 DUPRE RD. -SWIFT 110599 4819 R 101 -32210 Building Permits 1,726.84 05- Nov -99 7005 DUPRE RD. -SWIFT 110599 4819 R 101 -32250 MAIL BOX FEES 25.00 05- Nov -99 7005 DUPRE RD. -SWIFT 110599 4819 R 101 -32300 SITE MAINT FEE -BLDG PERMITS 225.00 05- Nov -99 7005 DUPRE RD. -SWIFT 110599 4819 R 602 -37250 Sewer Connect /Reconnect Fee 1,750.00 05- Nov -99 7005 DUPRE RD. -SWIFT 110599 4819 R 602 -34700 SAC CHARGES 1,050.00 05- Nov -99 7005 DUPRE RD. -SWIFT 110599 4819 R 601 -37150 Water Connect /Reconnect Fee 1,300.00 05- Nov -99 7005 DIRE RD. -SWIFT 110599 Totals Customer Number 89,655.42 10 Nov 1999 Unpaid Summary Check Register Page 1 Wed 2:06 P14 CITY OF CENTERVILLE Check Number Date Vendor Amount 100001 00019 AIRTOUCH CELLULAR 105.63 T's e'2 A 112 BARNA, IJZY & STEFFEN LTD 4,100.00 100003 00330 BONESTROO, ROSENE, ANDERLIK 14,931.02 T00004 00656 C.R. MANUFACTURING 490.04 T08005 00033 CIRCLE PINES /LEXINSTON POLICE 22,880.67 100006 00326 CLEARWATER CREEK 83.07 10a n7 00323 COMFORT PLUS HEATING & COOLING 41.00 T',ai,8 00285 CONNEXUS ENERGY 152.74 T0 00424 DAVID A. PEARSON HOMES 200.00 T00010 00225 EARL F. ANDERSEN INC 119.10 100011 00020 GOTWALD, PAM 200.00 700012 "042 GRANGERS BUMPER TO BUMPER 18.72 700013 00050 HAWKINS WATER TREATMENT 706.64 T00014 00005 HU60 FEED MILL 7.98 T00015 00313 IMPERIAL HOMES 200.00 100016 00045 INTERNATIONAL UNION OF OPERATI 29.00 100017 00661 KEN'S RADIATOR SERVICES 30.00 100018 00667 LEBLANC, WAYNE 20.00 T00019 00082 LIGHTNING PRINTING 932.01 T00020 00298 MAC -MAY HOMES 200.00 T00021 00407 MARCH, JAMES 300.00 T00022 00339 MEADOWVIEW HOMES 200.00 T00023 00076 MENARDS - FOREST LAKE 127.01 T00024 00512 MET. COUNCIL ENV. SERV. (SOS) 10,282.89 100025 00034 METROPOLITAN COUNCIL ENVIROMEN 8,316.00 T00026 00036 MINNESOTA DEPT OF REVENUE 446.86 T00027 00203 MINNESOTA RURAL WATER ASSOC 185.00 T' '029 00023 NORTHERN STATES POWER COMPANY 2,398.30 T00030 00842 OFFICE MAX 415.42 100031 00090 ON SITE SANITATION 80.56 T00032 00513 PACE ANALYTICAL 14.00 T00033 00043 PRESS PUBLICATIONS 88.25 T00034 00035 PUBLIC EMPLOYEES RETIREMENT 1,037.34 T00035 00665 RUSSELL'S 24.00 T00036 00416 SCOTT, PATRICIA 1,200.00 100037 00587 SOUTH TOM BUILDERS 800.00 T00038 00018 SUBURBAN INSPECTIONS 383.94 T00039 00008 SWIFT CONSTRUCTION 400.00 100040 00622 TAYLOR MADE HOMES 200.00 T00041 00007 TOM THUMB 201.34 100042 00022 U.S. WEST COMMUNICATIONS 79.88 100043 00322 USCM CLEARING ACCOUNT - PEBSCO 605.30 T00044 00621 WINKELMAN, CURT 200.00 Grand Total 73433.71 /4e Sfc //eSTf9.e. 0 ,2 9to. 41 4 71, 366.91 jakmon 5» , J,L � �� /f grand / o71a 1 l-9--567 /3 NOVEMBER 1, 1999 TO: CITY COUNCIL CITY OF CIRCLE PINES CITY COUNCIL CITY OF CENTERVILLE CITY COUNCIL CITY OF LINO LAKES FROM: MILO BENNETT SUBJECT: RATIFICATION OF EXPENDITURES AND APPROVAL FOR PAYMENT OF NOVEMBER EXPENSES. YOUR APPROVAL OF NOVEMBER EXPENSES AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECKS #10971 - 10991, IN THE AMOUNT OF $37,872.45 IS HEREBY REQUESTED. MB /NW CC: 7 CIRCLE PINES CITY COUNCIL 7 CENTERVILLE CITY COUNCIL 7 LINO LAKES CITY COUNCIL 2 FILE 11/01/1999 @03:59PM CENTENNIAL FIRE DISTRICT PAGE 1 BANK CHECK REGISTER Checking account 11/01/99 TO 11/01/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 0 71 11/01/99 AP -D LINO LAKES STATE BANK 60.96 341 OCT 1999 10972 11/01/99 AP -D MINNESOTA DEPT OF REVENUE 5.01 MW -5 OCT 1999 10973 11/01/99 AP- -D CITY OF CIRCLE PINES 2,392.30 DEPRECIATION QTRLY PYMT 10974 11/01/99 AP -D CITY OF LINO LAKES 6,335.25 COMMON AREA CHG -QTRLY PYT 10975 11/01/99 AP -D CENTENNIAL RELIEF ASSOCIATION 5,125.00 RELIEF ASSOC -QTRLY PYMT 10976 11/01/99 AP -D FAIRVIEW LAKES REGIONAL HEALTH 861.00 0062315 10977 11/01/99 AP -D FAIRVIEW LAKES REGIONAL HEALTH 2,172.00 OCCURRENCE NUMBER 968759 10978 11/01/99 AP -D METRO FIRE INC. 11,609.00 99441 SERIES 100 DRYER 1 i979 11/01/99 AP -D ARTHUR E MOHLER 5.99 STATION SUPPLIES 10980 11/01/99 AP -D NORTHLAND FIRE PROTECTION, INC 36.00 3399 10981 11/01/99 AP -D NATIONAL BUSINESS FURNITURE 181.95 Y36471 -WOD 10982 11/01/99 AP -D AMOCO OIL COMPANY 298.96 498 433 534 1 10983 11/01/99 AP-D MILO BENNETT 464.77 EXPENSES 10984 11/01/99 AP -D W.W. GRAINGER, INC. 1,113.28 5438- 6,3022 -2 10985 11/01/99 AP -D SUPERIOR PRODUCTS MFG CO 555.08 3201986 10986 11/01/99 AP -D SMITH MICRO TECHNOLOGIES, INC 1,214.50 3536,3535,3534 10987 11/01/99 AP -D EMERGENCY APPARATUS MAINT. 108.72 2778, 2714, 2825 1 11/01/1999 003:59PM CENTENNIAL FIRE DISTRICT PAGE BANK CHECK REGISTER Checking account 11/01/99 TO 11/01/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 88 11/01/99 AP -D DAVCO TECHNOLOGIES INC 3,483.60 9900849 10989 11/01/99 AP -D LIGHTNING PRINTING 536.76 113415 10990 11/01/99 AP -D OXYGEN SERVICE COMPANY, INC. 402.15 513812,513811,512187 10391 11/01/99 AP -D EMERGENCY MEDICAL PRODUCTS 909.95 97646,98480 TOTAL MANUAL CHECKS (M): 0.00 TOTAL- COMPUTER CHECKS (C): 0.00 TOTAL DIRECT DISBURSEMENTS (D): 37,872.45 TOTAL CHECKS: 37,872.45 J 'to t cstrno R oselle, Ancfc / _ nd A ssorlat 1 - rs an Aff i[ ve Actson/Equal Opportunity Employer P opals Ott G. Bonese o. PE Joseph C. Anderlik PE Marvin Sorvala. PE Glenn R. Cook P.E. • Rob t G. Schunich[ PE. Jerry A Bo rd n, PE osene Robert W R sene. PE.. Richard E. Turner. PE. and Susan M. EberlIn. C Senior Consultants Associate Principals Howard A Sanford, PE. • Keith A. Gordon. P.E.. Robert R. Piefferle, PE • A nderlik & Richard W Foster, PE • David 0 Loskota, PE • Robert C Russel,. A.LA. • Mark A. Hanson, P.E. • M T Ra t ann. PE. Ted KField, PE. • Kenneth P Anderson. PE. • Mark R. Rolfs, PE. • A ssociates S dney P Williamson, PE, LS Robert F Kotsmith - Agnes M Ring • Allan Rick Schmidt. FE. .7 1. C� �rJ Offices' St Paul. Rochester, Willmar and St Cloud, MN • Milwaukee, WI Engineers & Architects Webtrze: wwwbonestroo. com • October 28, 1999 Mr. Jim March City of Centerville 1880 Main Street Centerville, MN 55038 RE: Water Interconnect Centerville, Minnesota File No. 616 -98 -809 Dear Mr. March: Enclosed, please find four (4) copies of Pay Request No. 1 for the above referenced project. There are two remaining items to complete the project. The installation of the pressure reducing valve and the site restoration. Both are anticipated to be complete by 11- 5 -99. We recommend • payment of $52,390.60 to W.B.Miller Inc. A sum of $2,757.40 (5 %) has been retained until remaining work has been completed and accepted by both Centerville and Lino Lakes. • Please sign all four copies and return the one stamped "engineer's Copy" to our office. Contact me at (651) 604 -4808 if you have any questions or comments. Sincerely, BONESTROO, ROSENE,ANDERLIK & ASSOCIATES i' • Daniel S. Schluender cc: Enclosure 2335 West Highway 36 • St. Paul, MN 55113 • 651-636 -4600 • Fax: 651-636-1311 r. Bonestroo Owner: City of Centerville 1880 Main StCenterville. MN, 55038 Date: October 26, 1999 Rosen wris Anderlik& For Period: Start to 10/26/99 Request No: 1 Associates Engineer's Architects Contractor: W B Miller Inc 6701 Norris Lake Rd NW, Efk River, MN, 55330 REQUEST FOR PAYMENT WATER INTERCONNECT BRA FILE NO. 616 -98 -809 SUMMARY • 1 Original Contract Amount $ 57,894.50 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 57,894.50 5 Value Completed to Date $ 55,148.00 6 Material on Hand $ 0.00 7 Amount Earned $ 55, 148.00 8 Less Retainage 5% $ 2,757.40 9 Subtotal $ 52,390.60 10 Less Amount Paid Previously $ 0.00 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 $ 52,390.60 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 7 ling Approved by Contractor: Approved by Owner: W B MILLER NC CITY OF CENTERVILLE . G 1L Specified Contract Completion Date: Date: October 29, 1999 • request.xls • Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date • Base Bid - Water Interconnect 1 12" PVC LF 40 33.5 70.5 $2,361.75 2 8" PVC LF 31 27 32 $864.00 3 6" PVC LF 5 34.5 23 $793.50 4 5" valve hydrant EA 1 2250 1 $2,250.00 5 Connect to existing 12 x 12 tee EA 1 805 1 $805.00 6 Connect to existing 16" stub EA 1 805 1 $805.00 7 12" gate valve and box, in place EA 2 1100 2 $2,200.00 8 8" gate valve and box, in place EA 2 650 2 $1,300.00 9 6" gate valve and box, in place EA 1 450 1 $450.00 10 Fittings LB 2500 0.7 3050 $2,135.00 11 Silt fence LF 50 8 50 $400.00 12 Sodding, lawn type SY 100 11.5 $0.00 13 Seeding with mulch AC 0.1 10350 $0.00 14 Pressure reducing and Meter Station LS 1 42325 0.95 $40,208.75 15 Improved pipe foundation LF 50 11.5 50 $575.00 16 Aggregate base, Class 5 TN 20 25 $0.00 Total Base Bid - Water Interconnect $55,148.00 • Total Base Bid - Water Interconnect $55,148.00 Total Work Completed To Date $55,148.00 • request.ws PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA ALE NO. 616 -98 -809 CONTRACTOR W13 MILLER INC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 Start 10/26/99 52,390.60 2,757.40 55,148.00 Material on Hand Total Payment to Date $52,390.60 Original Contract $57,894.50 Retainage Pay No. 1 2,757.40 Change Orders Total Amount Earned $55,148.00 Revised Contract $57,894.50 request es MEMO DATE : November 5, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Eagle Trucking Appraisal Since the last meeting, I have contacted Julie Schwartz (Lake State Realty) in regards to having an appraisal completed on the Eagle Trucking property. I have spoke to Jim Hoeft and he is drafting an option that can be presented to Dick Hubers to secure the property. I have met with Mr. Hubers in regards to his property. Mr. Hubers has provided the information that is contained in your packet. Mr. Hubers indicated that he is willing to sell his property to the City and that he will give the City the first opportunity to purchase the property. I informed Mr. Hubers that the City Attorney was drafting an option agreement that we would like him to sign. Mr. Hubers said his word has always been good, but he understands why we would like to secure the property and he will sign the option. I am hoping the appraisal will be complete by our next meeting. . 4t/( -/«IC .L »'c • VIEW OF FRONT OF BUILDING �z tµ S t� up b aMt` I • .1. III i ti ' ll a Wit - -:.. _ I 1 4 1 1110 -' s n r b / ' !I i'l�� {11--,' 1 'l rte- y.� 4 VIEW OF FRONT OF OFFICE 1 r W m (� • N tn N V •1 z u V U W in LL W 0 K Z r I 3 a N 0 Q W Z o N V W I "' 7 ^ 4 0. --'iLIM 1 0 1 ! i' A '1 0 L 1 1 1 1 I REASONABLE FACSIMILE 1 FOR ILLUSfRPSION PURPOSES ONLY / 3 n I L I :9‘ W � - W _ y M � M V h U p N 4 REASONABLE FACSIMILE FOR ILLUSTRATION PURPOSES ONLY I 1 LOCATION IVIAP :, • • .,, , •:::- . „.,..- c ..„:•• , _ ,-,• .... ,c,.? r k• 4: , • 4. P. i a t,„ ------ + . .'; t% . . N I • N. a 1 ‘ % . , NE ■ i , .* • ' 2. 4 .• o S ?.€ ! rr., ' c . C r a i . . - Aiye:Pie 'It. i ' ,.• t., : ta ....._ ........5 - 3 -- r -e.c2 L 4- 447 . 4" 0-77 - -11"t 4 • r.. , /oar .-.c • ..-. --4 ' - 7; - 0 BRIAN DRIVE , 0 , • ,,, , ..r. ....-. . .1.1.. .,, }3.,_,, ; ,:. , :7- :N • L I ; - .2. 1 a , '" .: ."2 .'.1 .... CA :1 r I . b -•i... ..... a - .... ......• 1 , •, , , ,• , ---- I 7 a .•--1 i 1 a ___ _--- - - Pt . • Z. . 1 1 . 4 • ,.. . _ r1" . 1 g r . or ---.. — - c .• A • -, -- N. ..-CL ,--. .-' - .. .../... tr A, 11 • Z 2 I 2 . 2 CS' ... la ' A........ -4 et C \ 1 ;4 7y: ZI k • , • • %.3 i ■... • , a ,.."' - - -.4 is.:.:—.- ■ -1. '.. • i 1. ;It 1 .., • . • .% a zt7.1 -- A 4 t t i ,.: ...-, b t • . . t . -., • 1. . % . 111 ;14 -0.4.4• ... • :..; .....: . , . -.6T-7: - ,. t.. ../ .. i ' . - c.---t" I.. - - -- - Co 4.__: _._.._ ROAD:. .. No .54__. ..ii..,.:, - •• , . _ r • (1: , . • 4 OWNERSHIP Richard G. & Diane L. Hubers PROPERTY ADDRESS 7087 - 20th Avenue North G Centerville, MN 55038 LEGAL DESCRIPTION Unplatted Village of Centerville; that part of the Southeast One Quarter of the Northeast One Quarter of Section 23, Township 31, Range 22 West described as follows: The South 227.10 feet of the North 588.47 feet of that part of said Southeast One Quarter of the Northeast One Quarter lying between a line that is parallel to and 956.6 feet Easterly from the Westerly line of said Southeast One Quarter of the Northeast One Quarter and a line that is parallel to and 50 feet Westerly from the Easterly line of said Southeast One Quarter of the Northeast One Quarter and containing two acres, more or less, Village of Centerville. Excepting roadway and subject to easement of record. Subject to and together with any other valid easements, restrictions and reservations. Memorandum To: Honorable Mayor and Council From: Diane Ward, City Clerk Date: 11/02/99 Subject: Rental Ordinance Information Council member Broussard Vickers requested that I get information regarding Landlord/Tenant issues per Minnesota Statutes. I have included the information that I received from the League of Minnesota Cities Research Department (it is quite lengthy) for your review. l- - CENTERVILLE CODE OF ORDINANCES 38. HOUSING CODE: REGISTRATION OF RENTAL UNITS 38.01 Registration Certificate Required. No owner shall allow another person to occupy or let to another for occupancy any dwelling, or any apartment or rooming unit in any dwelling without first obtaining a registration certificate as provided in this chapter. Any registration certificate obtained pursuant to this section shall be issued in the name of the owner. In the case of a multiple unit dwelling, a registration certificate issued pursuant to this section includes and applies to both the entire dwelling as well as each individual rental unit within the dwelling. Any suspension or revocation of the registration certificate may involve the entire dwelling or an individual unit or units within the dwelling. 38.02 Application for Registration Certificate. An application for a registration certificate shall be filed by the owner at City Hall. An application for any dwelling to be converted to a use which would require a registration certificate shall be made at least 30 days prior to such conversion. 38.03 Housing Code Violations. Any violation of the Uniform Housing Code brought to the owner's attention which is not brought into compliance within the time frame provided in the violation notice shall constitute grounds for suspension or revocation of a license. 38.04 Applications. Each application for registration certificate shall contain the following information: (1) Name, residence address, telephone number, and date of birth of the owner of the dwelling. If the owner is a partnership, the name of the partnership, and the name, residence address, telephone number, and date of birth of the managing partner. If the owner is a corporation, the name and address of the corporation, and the name, address, telephone number, and date of birth of the Chief Operating Officer. If the dwelling is being sold on a contract for deed, the name and address of the vendee. (2) Name, residence address, telephone number, and date of birth of any agent appointed by the owner to accept service of process and to receive or give receipt for notices. Revision Date:November 10, 1999 (1 I:21am) 1 (3) Name, residence address, telephone number, and date of birth of any agent actively involved in maintenance or management of said dwelling. (4) Legal address of the dwelling. (5) Complete details of the number and kind of units offered for rent, classified as to the type of unit on the application, and the facilities incorporated in such rental units. (6) Any person making application for a rental registration certificate must provide proof of identification by the use of a driver's license, state issued identification card, military identification card, or such other identification as is acceptable to City staff to provide proof of identification. The identification provided must set forth the full name and date of birth of the person making the application. 38.05 Compliance with the Zoning. No rental registration certificate will be issued to properties that are not in compliance with the appropriate zoning requirements. 38.06 Investigation. Staff shall investigate all applications for the registration certificate to verify that the dwellings, apartments, or rooming units offered fur rent comply with the provisions of this code, including any provision of the zoning, building, fire safety, or applicable health ordinances. 38.07 Issuance and Posting of Registration Certificate. Whenever the investigation of an application indicates that the dwellings, apartments, or rooming units offered for rent comply with all provisions of this code, including any provisions of the zoning, building, fire safety, or applicable health ordinances, staff shall issue a registration certificate. Every registrant of a dwelling, apartment or rooming unit offered for rent shall post the registration certificate in a conspicuous place within said dwelling, apartment or rooming unit. 38.08 Notice of Violation. Whenever the investigation of an application for registration certificate indicates that the dwelling, apartment or rooming unit offered for rent does not comply with the provisions of this code, building inspections staff shall serve a notice to the applicant. Additionally, owners of rental property must give notice of outstanding violations to potential purchasers of such property. 38.09 Rejection of Application. Whenever the investigation of an application for registration certificate indicates that the dwelling, apartment or rooming unit does not comply with the provisions of this ordinance, and from the nature of the violations, the dwelling, apartment or rooming unit can not be brought into compliance with this ordinance, then the application for registration certificate should be returned to the applicant. Page 2 of 7 38.10 Appeals. Any applicant whose application for registration certificate, after investigation has been rejected, may request and shall be granted a hearing in the matter before the City Council. 38.11 Failure to Register. Subdivision 1. Every person required to register a dwelling, apartment, or rooming unit offered for rent under the provisions of this chapter and who fails to do so shall be guilty of a violation of this code. Each day that a property is rented out without a valid rental registration certificate on file for that property is a separate violation. A violation of this section shall be a misdemeanor. Subdivision 2. Any person who rents out to another any type of unit to be used for human habitation without first making out an application for a housing registration certificate shall be assessed a $50 penalty fee. 38.12 Certificate Renewal and Non - transferability. Subdivision 1. All registration certificates shall expire one year after date of issuance and must be renewed annually. All information required by Section 38.04 of this chapter must be submitted at the time of renewal. Whenever the applicant certifies that no change has been made in a registered dwelling, apartment, or rooming unit, a renewal registration certificate may be issued provided the units are in compliance with this code, including any provisions of the zoning, building, fire safety, or applicable health ordinances. Subd. 2. A registration may be suspended or revoked if it is found that at any time after issuance, the rental property as a whole, or any of the units therein, are not in compliance with this code, including any provision of the zoning, building, fire safety, or health ordinances applicable-in-sections 32.03 and 32.05. {,, Subd. 3. Every person who transfers title to property registered under this chapter shall provide City Staff with the name, residence address, telephone number, and date of the transfer of title to the new owner within 30 days of the date of such transfer. Within 60 days of the date of such transfer, the new owner shall apply for a new registration certificate. In the case of an option contract where the holder of the option is collecting rents and/or is paying on the mortgage to the property while the option remains unexercised, the holder of the option shall be deemed to be the owner of the property for purposes of this section and shall be required to apply for a rental registration certificate in his/her name. The date of option contract is created shall be deemed to be the date the holder of the option becomes the "owner" for purposes of this section. Subd. 4. Registration certificates may not be transferred or assigned. Page 3 of 7 38.13 Fees. Fees per unit will be set with the annual fee resolution. 38.150 Legislative Intent. It is declared to be the purpose and intent of sections 38.151 through 38.153 to protect and preserve this city's neighborhoods and the public health, safety, welfare and morals of those who live there. The Centerville Council determines that: (1) there are persons residing in rental property in Centerville engaging in disorderly conduct which results in a hostile environment for other Centerville citizens living close to the rental property; (2) there is currently no city ordinance which provides a formal procedure by which the City can notify a rental property owner or manager of the disorderly conduct occurring on the property; (3) there is currently no procedure by which the City can require a rental property owner or manager to respond to and resolve the occurrences of disorderly conduct occurring on his or her rental property and to take administrative action against his or her rental registration certificate should he or she fail to do so. Accordingly, it is the intent of Section 38.151 through 38.153 to address the serious and, at time, life threatening problems posed by the occurrence of disorderly conduct to the health and safety of all Centerville residents in all portions of this city. At the same time, the City Council recognizes, acknowledges, and complies with all due process and property rights enjoyed by those who own or manage rental property as well as those who reside in such property. This ordinance represents the City's good faith effort to balance those competing and legitimate interests. 38.151 Definitions. For the purpose of this subdivision, the following terms shall have the meanings ascribed to them. Appropriate action shall mean that action which a reasonable license holder would take based upon the facts and circumstances of each case so as to prevent a reoccurrence of the disorderly use. License shall mean a registration certificate as required by this chapter of the Centerville City Code. Licensee or License Holder shall mean one who holds the license as required by this chapter of the Centerville City Code. Licensed Premises or Premises shall mean the property owned, operated, or managed by a Licensee Holder and shall refer to an individual unit within a multi -unit complex when applicable. Page 4 of 7 Disorderly or Disorderly Use shall mean that conduct occurring on Licensed Premises which violates Section 38.152(2). 38.152 Conduct on Licensed Premises. Subdivision 1. Any license holder shall be responsible to take appropriate action against persons occupying specific units in the licensed premises who conduct themselves in such a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in Subdivision 2. Those persons occupying the premises shall include tenants as defined by Minn. Stat. § 566.18, and those persons on the licensed premises whose presence that tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes containing multiple units. Subd. 2. The following ordinances and statutes are applicable to this section: (1) Minnesota Statutes prohibiting prostitution; (2) Minnesota Statutes prohibiting indecent conduct; (3) Minnesota Statutes prohibiting participation in a disorderly house; (4) Minnesota Statutes Section 617.23 through 617.299 prohibiting obscenity; (5) Minnesota Statutes Sections 609.75 through 609.76 which prohibit gambling; (6) Minnesota Statutes Section 152.01 through 152.025 and Section 152.027, Subd. 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (7) Minnesota Statutes Chapter 340A which prohibits the unlawful sale, use or possession of alcoholic beverages; (8) Minnesota Statutes Section 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, which prohibit the unlawful possession, transportation, sale or use of a weapon; (9) Minnesota Statutes Section 609.72 which prohibits disorderly conduct; or, (10) Minnesota Statutes Sections 609.221, 609.222, 609.223, 609.2231, and_609i23"which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein. ( ' I Page 5 of 7 t Subd. 3. The police shall be charged with the responsibility of enforcing Subdivision 2. Subd. 4. Upon determination by the police that the licensed premises were involved in a disorderly use, City staff shall notify the license holder by regular mail of such violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at the person's last known address. Subd. 5. If another instance of disorderly use on licensed premises occurs within twelve (12) months of an incident for which notice in Subdivision 4 of this section was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the landlord to prevent further disorderly use of the premises. This written report shall be submitted to the housing inspector within five (5) days of the notice of disorderly use of the premises and shall, in addition to the report of appropriate actions to be taken, detail all actions taken by the license holder in response to all notices of disorderly use of the premises within the preceding twelve (12) months. Failure to submit the written report as required herein shall be a basis for the imposition of a fine and the revocation or suspension of the license for the specific units or units located on the license premises as otherwise provided for in this chapter. Subd. 6. If another instance of disorderly use of the premises occurs within twelve (12) months after receipt of notice pursuant to Subdivisions 4 and 5, the license may be revoked or suspended for specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license as to all units in such building or complex may be suspended or revoked. Subd. 7. No suspension or revocation shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the landlord has filed an unlawful detainer action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by licensees shall not be considered incidents of disorderly use in initiation of an unlawful detainer action shall not be a bar to sanctions, however, unless the action is diligently pursued by the license holder. A copy and notice of the unlawful detainer action shall be delivered to the City Administrator. A determination that the licensed premises have been involved in a disorderly use as described in Subdivision 2 shall be made upon a preponderance of the evidence. It shall not be necessary that the criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Page 6 of 7 Subd. 8. All written leases for licensed premises executed after adoption of this ordinance, shall contain a clause providing that conduct which would be in violation of Subdivision 2 shall constitute both a material breach of the lease and grounds for termination of such lease. Subd. 9. This ordinance is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in Subdivision 2. 38.153 License Suspension and Revocation. Subdivision 1. Upon a determination that a license may be suspended or revoked, or that a fine may be imposed, a public hearing shall be held before the City Council. All parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, license holders may present evidence of mitigating circumstances. At the conclusion of the hearing, the City Council shall make a decision. Subd. 2. The City Council reserves the right to impose any of the following sanctions for violations of Subdivision 38.152(2): (1) suspend the license for up to 60 days; or (2) revoke the license; or (3) impose a civil fine not to exceed an amount equal to one months' rent for each violation found as a result of the hearings; or (4) impose other reasonable conditions intended to limit future incidents of disorderly use. Subd. 3. Upon expiration of the suspension or revocation period, a license holder shall pay to the City a reinstatement fee equal to an amount as determined by Council. 38.154 Prospective Tenant Background Investigations Subdivision 1. The City of Centerville Council has determined that there are persons residing in rental property in Centerville engaging in disorderly conduct which results in a hostile environment for other Centerville citizens living in or close to the rental property. It is the declared purpose and intent of this section to protect and preserve the city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a system at the local level for criminal history/background investigations of prospective tenants. Subd. 2. Any owner of rental property may request that the Circle Pines / Lexington Police Department conduct a criminal history/background investigation of a prospective tenant as provided under Section 21.05, Subd. 1. Such request shall be on a form approved or provided by the Circle Pines / Lexington Police Department. The applicant shall pay an investigation fee as established by resolution of the City Council. Page 7 of 7 CENTERVILLE CODE OF ORDINANCES 38. HOUSING CODE: REGISTRATION OF RENTAL UNITS 38.01 Registration Certificate Required. No owner shall allow another person to occupy or let to another for occupancy any dwelling, or any apartment or rooming unit in any dwelling without first obtaining a registration certificate as provided in this chapter. Any registration certificate obtained pursuant to this section shall be issued in the name of the owner. In the case of a multiple unit dwelling, a registration certificate issued pursuant to this section includes and applies to both the entire dwelling as well as each individual rental unit within the dwelling. Any suspension or revocation of the registration certificate may involve the entire dwelling or an individual unit or units within the dwelling. 38.02 Application for Registration Certificate. An application for a registration certificate shall be filed by the owner at City Hall. An application for any dwelling to be converted to a use which would require a registration certificate shall be made at least 30 days prior to such conversion. 38.03 Housing Code Violations. Any violation of the Uniform Housing Code brought to the owner's attention which is not brought into compliance within the time frame provided in the violation notice shall constitute grounds for suspension or revocation of a license. 38.04 Applications. Each application for registration certificate shall contain the following information: (1) Name, residence address, telephone number, and date of birth of the owner of the dwelling. If the owner is a partnership, the name of the partnership, and the name, residence address, telephone number, and date of birth of the managing partner. If the owner is a corporation, the name and address of the corporation, and the name, address, telephone number, and date of birth of the Chief Operating Officer. If the dwelling is being sold on a contract for deed, the name and address of the vendee. (2) Name, residence address, telephone number, and date of birth of any agent appointed by the owner to accept service of process and to receive or give receipt for notices. 1 (3) Tame, residence address, telephone number, and date of birth of any agent actively involved in maintenance or management of said dwelling. (4) Legal address of the dwelling. (5) Complete details of the number and kind of units offered for rent, classified as to the type of unit on the application, and the facilities incorporated in such rental units. (6) Any person making application for a rental registration certificate must provide proof of identification by the use of a driver's license, state issued identification card, military identification card, or such other identification as is acceptable to City staff to provide proof of identification. The identification provided must set forth the full name and date of birth of the person making the application. 38.05 Compliance with the Zoning, No rental registration certificate will be issued to properties that are not in compliance with the appropriate zoning requirements. 38.06 Investigation. Staff shall investigate all applications for the registration certificate to verify that the dwellings, apartments, or rooming units offered for rent comply with the provisions of this code, including any provision of the zoning, building, fire safety, or applicable health ordinances. 38.07 Issuance and Posting of Registration Certificate. Whenever the investigation of an application indicates that the dwellings, apartments, or rooming units offered for rent comply with all provisions of this code, including any provisions of the zoning, building, fire safety, or applicable health ordinances, staff shall issue a registration certificate. Every registrant of a dwelling, apartment or rooming unit offered for rent shall post the registration certificate in a conspicuous place within said dwelling, apartment or rooming unit. 38.08 Notice of Violation. Whenever the investigation of an application for registration certificate indicates that the dwelling, apartment or rooming unit offered for rent does not comply with the provisions of this code, building inspections staff shall serve a notice to the applicant. Additionally, owners of rental property must give notice of outstanding violations to potential purchasers of such property. 38.09 Rejection of Application. Whenever the investigation of an application for registration certificate indicates that the dwelling, apartment or rooming unit does not comply with the provisions of this ordinance, and from the nature of the violations, the dwelling, apartment or rooming unit can not be brought into compliance with this ordinance, then the application for registration certificate should be returned to the applicant. Page 2 of 7 38.10 Anpeals. Any applicant whose application for registration certificate, after investigation has been rejected, may request and shall be granted a hearing in the matter before the City Council. 38.11 Failure to Register. Subdivision 1. Every person required to register a dwelling, apartment, or rooming unit offered for rent under the provisions of this chapter and who fails to do so shall be guilty of a violation of this code. Each day that a property is rented out without a valid rental registration certificate on file for that property is a separate violation. A violation of this section shall be a misdemeanor. Subdivision 2. Any person who rents out to another any type of unit to be used for human habitation without first making out an application for a housing registration certificate shall be assessed a $50 penalty fee. 38.12 Certificate Renewal and Non - transferability. Subdivision 1. All registration certificates shall expire one year after date of issuance and must be renewed annually. All information required by Section 38.04 of this chapter must be submitted at the time of renewal. Whenever the applicant certifies that no change has been made in a registered dwelling, apartment, or rooming unit, a renewal registration certificate may be issued provided the units are in compliance with this code, including any provisions of the zoning, building, fire safety, or applicable health ordinances. Subd. 2. A registration may be suspended or revoked if it is found that at any time after issuance, the rental property as a whole, or any of the units therein, are not in compliance with this code, including any provision of the zoning, building, fire safety, or health ordinances applicable in sections 32.03 and 32.05. Subd. 3. Every person who transfers title to property registered under this chapter shall provide City Staff with the name, residence address, telephone number, and date of the transfer of title to the new owner within 30 days of the date of such transfer. Within 60 days of the date of such transfer, the new owner shall apply for a new registration certificate. In the case of an option contract where the holder of the option is collecting rents and/or is paying on the mortgage to the property while the option remains unexercised, the holder of the option shall be deemed to be the owner of the property for purposes of this section and shall be required to apply for a rental registration certificate in his/her name. The date of option contract is created shall be deemed to be the date the holder of the option becomes the "owner" for purposes of this section. Subd. 4. Registration certificates may not be transferred or assigned. Page 3 of 7 L_ 38.13 Fees. Fees per unit will be set with the annual fee resolution. 38.150 Legislative Intent. It is declared to be the purpose and intent of sections 38.151 through 38.153 to protect and preserve this city's neighborhoods and the public health, safety, welfare and morals of those who live there. The Centerville Council determines that: (1) there are persons residing in rental property in Centerville engaging in disorderly conduct which results in a hostile environment for other Centerville citizens living close to the rental property; (2) there is currently no city ordinance which provides a formal procedure by which the City can notify a rental property owner or manager of the disorderly conduct occurring on the property; (3) there is currently no procedure by which the City can require a rental property owner or manager to respond to and resolve the occurrences of disorderly conduct occurring on his or her rental property and to take administrative action against his or her rental registration certificate should he or she fail to do so. Accordingly, it is the intent of Section 38.151 through 38.153 to address the serious and, at time, life threatening problems posed by the occurrence of disorderly conduct to the health and safety of all Centerville residents in all portions of this city. At the same time, the City Council recognizes, acknowledges, and complies with all due process and property rights enjoyed by those who own or manage rental property as well as those who reside in such property. This ordinance represents the City's good faith effort to balance those competing and legitimate interests. 38.151 Definitions. For the purpose of this subdivision, the following terms shall have the meanings ascribed to them. Appropriate action shall mean that action which a reasonable license holder would take based upon the facts and circumstances of each case so as to prevent a reoccurrence of the disorderly use. License shall mean a registration certificate as required by this chapter of the Centerville City Code. Licensee or License Holder shall mean one who holds the license as required by this chapter of the Centerville City Code. Licensed Premises or Premises shall mean the property owned, operated, or managed by a Licensee Holder and shall refer to an individual unit within a multi -unit complex when applicable. Page 4 of 7 Disorderly or Disorderly Use shall mean that conduct occurring on Licensed Premises which violates Section 38.152(2). 38.152 Conduct on Licensed Premises. Subdivision 1. Any license holder shall be responsible to take appropriate action against persons occupying specific units in the licensed premises who conduct themselves in such a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in Subdivision 2. Those persons occupying the premises shall include tenants as defined by Minn. Stat. § 566.18, and those persons on the licensed premises whose presence that tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes containing multiple units. Subd. 2. The following ordinances and statutes are applicable to this section: (1) MN statutes prohibiting prostitution; (2) MN statutes prohibiting indecent conduct; (3) MN statutes prohibiting participation in a disorderly house; (4) Minnesota Statues Section 617.23 through 617.299 prohibiting obscenity; (5) Minnesota Statues Sections 609.75 through 609.76 which prohibit gambling; (6) Minnesota Statutes Section 152.01 through 152.025 and Section 152.027, Subd. 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (7) Minnesota Statues Chapter 340A which prohibits the unlawful sale, use or possession of alcoholic beverages; (8) Minnesota Statutes Section 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, which prohibit the unlawful possession, transportation, sale or use of a weapon; (9) Minnesota Statutes Section 609.72 which prohibits disorderly conduct; or, (10) Minnesota Statutes Sections 609.221, 609.222, 609.223, 609.2231, and 609.223 which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein. Page 5 of 7 J_ Subd. 3. The police shall be charged with the responsibility of enforcing Subdivision 2. Subd. 4. Upon determination by the police that the licensed premises were involved in a disorderly use, City staff shall notify the license holder by regular mail of such violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at the person's last known address. Subd. 5. If another instance of disorderly use on licensed premises occurs within twelve (12) months of an incident for which notice in Subdivision 4 of this section was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the landlord to prevent further disorderly use of the premises. This written report shall be submitted to the housing inspector within five (5) days of the notice of disorderly use of the premises and shall, in addition to the report of appropriate actions to be taken, detail all actions taken by the license holder in response to all notices of disorderly use of the premises within the preceding twelve (12) months. Failure to submit the written report as required herein shall be a basis for the imposition of a fine and the revocation or suspension of the license for the specific units or units located on the license premises as otherwise provided for in this chapter. Subd. 6. If another instance of disorderly use of the prenses occurs within twelve (12) months after receipt of notice pursuant to Subdivisions 4 and 5, the license may be revoked or suspended for specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license as to all units in such building or complex may be suspended or revoked. Subd. 7. No suspension or revocation shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the landlord has filed an unlawful detailed action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by licensees shall not be considered incidents of disorderly use in initiation of an unlawful detailed action shall not be a bar to sanctions, however, unless the action is diligently pursued by the license holder. A copy and notice of the unlawful detailed action shall be delivered to the City's City Administrator. A determination that the licensed pretnises have been involved in a disorderly use as described in Subdivision 2 shall be made upon a preponderance of the evidence. It shall not be necessary that the criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Page 6 of 7 Subd. 8. All written leases for licensed premises executed after adoption of this ordinance, shall contain a clause providing that conduct which would be in violation of Subdivision 2 shall constitute both a material breach of the lease and grounds for termination of such lease. Subd. 9. This ordinance is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in Subdivision 2. 38.153 License Suspension and Revocation. Subdivision 1. Upon a determination that a license may be suspended or revoked, or that a fine may be imposed, a public hearing shall be held before the City Council. All parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, license holders may present evidence of mitigating circumstances. At the conclusion of the hearing, the City Council shall make a decision. Subd. 2. The City Council reserves the right to impose any of the following sanctions for violations of Subdivision 38.152(2): (1) suspend the license for up to 60 days; or (2) revoke the licence; or (3) impose a civil fine not to exceed an amount equal to one months' rent for each violation found as a result of the hearings; or (4) impose other reasonable conditions intended to limit future incidents of disorderly use. Subd. 3. Upon expiration of the suspension or revocation period, a license holder shall pay to the City a reinstatement fee equal to an amount as determined by Council. 38.154 Prospective Tenant Background Investigations Subdivision 1. The City of Centerville Council has determined that there are persons residing in rental property in Centerville engaging in disorderly conduct which results in a hostile environment for other Centerville citizens living in or close to the rental property. It is the declared purpose and intent of this section to protect and preserve the city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a system at the local level for criminal Subd. 2. Any owner of rental property may request that the Circle Pines / Lexington Police Department conduct a criminal history/background investigation of a prospective tenant as provided under Section 21.05, Subd. 1. Such request shall be on a form approved or provided by the Circle Pines / Lexington Police Department. The applicant shall pay an investigation fee as established by resolution of the City Council. Page 7 of 7 Landlord - Tenant Handbook: Other Important Laws http: / /www.tenant.net/Other _Areas /Mhmesota /hb4.html Other Important Laws t4OV 2 9999 18. HOUSING COURTS Housing courts in Ramsey and Hennepin counties hear and decide criminal and civil cases related to residential rental housing. This includes, for example, claims for rent abatement, rent escrow proceedings, eviction actions, and actins for violations of state, county or city housing codes. Housing courts ensure that housing claims are brought before a single, trained referee. This is to encourage consistent decisions and prompt compliance with Minnesota's housing laws. Ramsey and Hennepin County District Courts appoint a referee to hold hearings and make recommended decisions. After the hearing in each case, the referee's recommended findings and orders are sent to the district court judge. These become the findings and orders of the court when confirmed by the district judge. The landlord or tenant can ask the district court judge to review any order or finding recommended by the referee. The person who is requesting the review must file and serve (provide to the other party) a notice of the recommended order or finding. (This must occur within 10 days). This notice must explain the reasons for requesting a review, and state the specific parts of the recommended findings or orders that are disputed. After receiving p g p cerving this notice, a time for the review hearing will be set. And after the hearing, the district court judge will decide whether the accept, reject or change the referee's recommended decisions. Hennepin and Ramsey county landlords and tenants are encouraged to use the housing courts to resolve housing related disputes that they cannot work out themselves. 19. EVICTION Unlawful Detainer Actions With proper written notice, a landlord can end a month -to -month tenancy at any time, for any reason, or for no reason at all, unless the landlord is retaliating ® or discriminating IN against the tenant. Definite term leases can only be ended according to the notice specified in the lease, or if there has been a significant breach of the lease. Landlords cannot forcibly remove their tenants. In order to evict, a landlord must first bring an "unlawful Detainer" action against the tenant. This is a legal proceeding conducted before a district court. To bring such an action, however, the landlord must show cause (have a legitimate reason). According to state law, legitimate reasons can be nonpayment of rent, or other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy's last day has passed. Minn. Stat. §566.03 (1992). There are a number of steps both landlords and tenants must take in an Unlawful Detainer action: 1. The landlord must file a complaint against the tenant in district court. The landlord must then have someone serve the tenant with a summons (at least seven days before the court date) ordering the tenant to appear in court. Minn. Stat. §566.05 (1992). 2. A court hearing must take place within seven to 14 days after the court issues the summons. At the hearing, both tenant and landlord will be asked to give their respective sides of the story. Minn. Stat. §566.05 (1992). 3. The judge will then deliver a decision. If the judge decides that the tenant has no legal reason for refusing to leave or pay the rent, the judge will order the tenant to vacate and, if necessary, will order the sheriff to force the tenant out. If the tenant can show that immediate eviction will cause substantial hardship, however, the court shall allow the tenant a reasonable period of time - up to one week - in which to move. A tenant may not seek or receive a delay based on hardship if the tenant is causing a nuisance of seriously endangers the safety of other residents, their property, or the landlord's property. Minn. Stat. §566.09, subd. 1 (1992). 1 of 9 10/31/99 7:37 PM Landlord- Tenant Handbook: Other Important Laws http: / /www. tenant. net /Other Areas/Mmnesota/hb4.himl If a tenant has paid the landlord or the court the amount of rent owed, but is unable to pay the interest, costs and attorney's fees (limited to a maximum of $5), the court may permit the tenant to pay these amounts during any time period the court delays issuing a writ or restitution (eviction order). Minn. Stat. §504.02, subd. 1 (1992). If the Unlawful Detainer has been brought because the tenant has not paid the rent, and the landlord wins, the tenant may pay the back rent plus costs and still remain in possession of the unit, provided payment is made before possession of the rental unit is delivered to the landlord. If the Unlawful Detainer has been brought because the tenant has withheld the rent due to disrepair, and the tenant wins, the judge may order that the rent be abated (reduced) in part or completely. It should be understood that only a sheriff or sheriff s deputy can physically evict a tenant. The landlord cannot do this. A "Writ of Restitution" - which is issued at the time the decision is handed down - must be posted on the premises at least 24 hours before the actual eviction. The sheriff can show up to perform the eviction anytime after the 24 hours have expired. Minn. Stat. §566.17, subd. 1 (1992). Storage of Personal Property When the sheriff performs the eviction, the tenant's remaining property must either be stored on the premises or placed in storage in a bonded warehouse or other suitable storage place. Minn. Stat. &566.17, subd. 2 (19921. In cases where the tenant's property will be stored on the premises, the landlord must prepare an inventory that is signed and dated in the presence of a peace officer. A copy of the inventory must be mailed to the tenant at the tenant's last known address, or to an address provided by the tenant. Minn. Stat. 4566.17, subd. (2)(b) (1992). The inventory must include the following: 1. A listing of the items of personal property, and a description of the condition of that property. Minn. Stat. &566.17, subd. (2)(b)(1) (1992). 2. The date, the signature of the landlord, and the name and telephone number of the person authorized to release the property. Minn. Stat. 566.17 subd. (2)(b)(2) (1992). 3. The name and badge number of the peace officer. Minn. Stat. §566.17, subd. (2)(b)(3) (1992). The officer must keep a copy of the inventory. The landlord is responsible for the proper removal, storage and care of the defendant's personal property and is liable for damages to, or loss of, the tenant's personal property if the landlord fails to exercise care in regard to that property. The landlord should notify the tenant of the date and approximate time the officer is scheduled to remove the tenant and his or her personal property from the premises. The notice should be sent by first class mail. The landlord should also make a good faith effort to notify the tenant by telephone, explicitly informing the tenant that the tenant and the tenant's property will be removed from the premises if the tenant has not vacated by the time specified in the notice. Minn. Stat. &566.17, subd. (2)(b) (19921. According to Minnesota law, this provision may not be waived or modified by any oral or written lease or other agreement. Minn. Stat. §566.17. subd. 3 (1992). To Get the Property Back In cases where the tenant's personal property is stored on the premises, the tenant need only contact the landlord in writing to demand return of the property. In cases where the tenant's property is stored away from the premises (at a bonded warehouse or other suitable storage place) the landlord has a lien (legal claim) on the tenant's personal property 2 of 9 10/31/99 7:37 PM Landlord- Tenant Handbook: Other Important Laws http: / /www. tenant. net /Other_Areas/Minnesota/hb4.html for the reasonable costs of removing, transporting, and storing the property. The landlord can enforce this lien by keeping the property until the landlord's expenses are paid. Minn. Stat. §566.17, subd. (2)(b) (1992). Regardless of whether the tenant's property is stored on or away from the premises, the tenant, to get the property back, does not have to pay any unpaid rent, security deposit, or late charges. The landlord can sue the tenant in court for these items. Tenants who lose Unlawful Detainer actions, however, do have to pay court costs. Eviction for Manufacture and Sale of Drugs Every oral or written residential lease now includes a promise by the tenant not to make, sell, possess, or allow illegal drugs on the premises. A tenant violating this law loses the right to possess the rental property and the landlord may file to evict the tenant without giving one rental period's notice. Minn. Stat. 6504.181, subd. 1 (1992). If illegal drugs or contraband totaling more than $100 are seized from the property, the landlord, on being notified, Minn. Stat. §609.5317, subd. 4 (1992). has fifteen days to file to evict the tenant, or to assign the county attorney that right. Minn. Stat. §609.5317, subd. (1)(b) (1992). Landlords receiving notice of a second such occurrence involving the same tenant (on any residential rental property owned by the landlord in the same county and happening within one year after notice of the first occurrence) are subject to forfeiture of the property unless they have filed to evict the tenant or have assigned the county attorney that right. Minn. Stat. 6609.5317, subd. (1)(c) (1994 Forfeiture of the property may occur if the value of the controlled substance is $1,000 or more, or there have been two previous controlled substance seizures involving the same tenant. Minn. Stat. 6609.5317, subd. 4 (1992). A tenant has a defense against eviction if the tenant has no knowledge or reason to know about the drugs or contraband, or could not prevent them from being brought onto the premises. Minn. Stat. 6609.5317, subd. 3 (1992). A landlord has a defense if he or she was not notified of the seizure or had made every reasonable attempt to evict a tenant or to assign the county attorney that right. If the property is owned by a parent of the offender, the rental property cannot be forfeited simply based on the owner's knowledge of unlawful drug use (unless the parent actively participated in, or knowingly allowed the unlawful activity, or the rental property was purchased with unlawful drug proceeds.) Minn. Stat. 6609.5317, subd. 3 (1992). Seizure of Property Unlawful sale or possession of illegal drugs or alcohol within a building, repeated seizures of illegal drugs within a building, or repeated arrests for illegal drug offenses within a building are now a public nuisance. Minn. Stat. §617.81 (1992). A city attorney, county attorney, or the attorney general may file an abatement action against the landlord, and if the nuisance is not corrected, ask the court to seize the building. Minn. Stat. §617.83 (1992). 20. RETALIATION A landlord cannot evict a tenant or end a tenancy in retaliation for the tenant's "good faith" attempt to enforce the tenant's rights. Neither can a landlord respond to such an attempt by raising the tenant's rent, cutting services, or otherwise adversely changing the rental terms. If a tenant has, for instance, reported the landlord to a governmental agency for violating health, safety, housing, or building codes, the landlord cannot try to "get even" by evicting the tenant. If a landlord starts an eviction action by giving the tenant a notice to vacate within 90 days after the tenant has tried to enforce the tenant's rights, the law presumes that the landlord is retaliating. It will then be up to the landlord to prove the eviction is not retaliatory. But if the landlord's notice to vacate comes more than 90 days after a tenant exercises his or her rights, it will be up to the 3 of 9 10/31/99 7:37 PM Landlord- Tenant Handbook: Other Important Laws http: / /www.tenant. net /Other Areas/Minnesota/hb4.htm1 tenant to prove the eviction was retaliatory. These provisions apply even to oral rental agreements. Minn. Stat. •566.28 (1992). 21. UNLAWFUL EXCLUSIONS AND PROPERTY CONFISCATION It is a misdemeanor for a landlord to physically lock a tenant out of the tenants rental unit or otherwise exclude a tenant (for example, by removing locks, doors, or windows from the rental unit) without a court order. A tenant who has been unlawfully locked out may petition the district court to get back in. The petition must: 1. Give a description of the rental unit. 2. Give the owner's name. 3. State the facts that make the lockout or exclusion unlawful. 4. Request that the tenant be given possession of the unit. Minn. Stat. 6504.25 (1992). If the court agrees with the tenant, it will order a law enforcement officer to help the tenant get back in. If the court decides that the landlord knew (or should have known) that the lockout or other exclusion was unlawful, the court may order the landlord to pay the tenant up to triple damages or $500, whichever is greater, plus reasonable attorney's fees. Minn. Stat. 6504.255 (19921. Also, a landlord cannot cart away or keep a tenant's belongings for nonpayment of rent or other charges. If a tenant finds that the landlord has taken the tenant's things, the tenant can get them back by demanding, in writing, that they be returned. The landlord has 24 hours to return them (48 hours if they are somewhere other than the apartment). If they aren't retumed, the landlord may be sued in conciliation court where he or she may be ordered not only to give the property back, but to pay the tenant punitive damages of up to $300 in addition to actual damages (cost of storage, hauling, physical damage, replacement, etc.) and reasonable attomey's fees. Minn. Stat. 6504.24, subd. 2 (1992). 22. LEASE VIOLATION AND OUTSTANDING RENT CASES In trying to evict a tenant, a landlord may combine two claims: (1) the tenant owes past rent, and (2) the tenant broke the lease. In a case where the landlord claims that the tenant owes past rent, the tenant does not have to pay into court the unpaid rent to defend against a claim that the tenant broke the lease. If the landlord loses on the claim that the tenant broke the lease, but the landlord has also claimed that the tenant owes past rent, the tenant can present defenses why the tenant doesn't owe the past rent. If the court determines that the tenant does indeed owe at least some of the past rent, the tenant shall be given up to seven days to pay the rent. The court can order the tenant to pay the rent, and any costs, either directly to the landlord or to be deposited with the court. 23. UTILITY CASES A landlord may not unlawfully shut off a tenant's utilities. To do so with an intent to make the tenant move out is a misdemeanor. Minn. Stat. 6504.25 (1992). If a landlord has unlawfully cut off utility services, a tenant can sue the landlord in court to recover triple damages or $500, whichever is greater, and reasonable attorney's fees. However, a tenant may recover only actual damages if: 1. In the beginning, he or she had failed to notify the landlord of the interruption of utilities. 2. The landlord, once notified, had the services reinstated within a reasonable time or had 4 of 9 10/31/99 7:37 PM Landlord- Tenant Handbook: Other Important Laws http: / /www. tenant. net /Other Areas/Minnesota/hb4.html made a good faith effort to do so. • 3. The cutoff was necessary to repair or correct equipment or to protect the health and safety of the tenants. Minn. Stat. 6504.26 (1992). Tenants, finding their utility service cut off, should notify the landlord immediately. Minn. Stat. §504.185, subd. 2 (1994 If service is not restored within a reasonable time, they should notify a housing inspector (if there is one available). A tenant may bring an emergency action in court if the landlord unlawfully cuts off utilities. Minn. Stat. §566.205 (1992). Loss of Essential Services When a landlord has contracted to pay for utilities but fails to pay and the utility company gives notice that services will be cut off, or if the utilities are shut off, the tenant or a group of tenants may pay to have the services continued or reconnected and may deduct that payment from their rent. But the tenant(s) must follow certain steps. (s ) P The tenant must notify the landlord either orally or in writing of the tenant's intention to pay the utility if, after 48 hours, the landlord fails to pay. Under certain circumstances, the notice period can be shorter. For example, if the furnace stops in the middle of winter because of lack of fuel that the landlord was supposed to provide, less than a 48 hour notice should be considered reasonable. The law states that if the landlord is notified orally, written notice must be mailed or delivered to the landlord within 24 hours after the oral notice. Minn. Stat. §504.185, subd. 2 (1992). If the landlord has not paid the natural gas, electricity, or water utility, and the service remains disconnected, the tenant may pay the amount due for the most recent billing period. Minn. Stat. 4504.185. subd. (2)(a) (1992). If the disconnected service is heating oil or propane, and the service has not been reconnected, the tenant may order and pay for a one -month supply. Minn. Stat. §504.185, subd. (2)(b) (1992). If this problem occurs the tenant should obtain receipts, give them to the landlord and keep copies for the tenant's records. After providing receipts to the landlord, the tenant may deduct from the next rental payment the amount paid to restore these utility services. By law, any payments made to a utility provider in this manner must be considered the same as rent paid to the landlord. Minn. Stat. 4504.185 (1992). Utilities include natural gas, water, electricity, home heating oil and propane. Minn. Stat. §504.185 (1992). This law applies to all utility providers, including municipalities and cooperatives that in most cases are not regulated by the Minnesota Public Utilities Commission. Minn. R. 7800.1600, subp. (6)(a) (1993) This utility cannot collect payment from the tenant of the landlord's old bills. Also, the utility may not refuse service to a tenant due to the landlord's failure to pay old bills. Minn. R. 7820.1400 (1993). 24. COLD WEATHER RULE Regulated Utilities The Minnesota Public Utilities Commission developed the Cold Weather Rule to protect a tenant (or homeowner) from having their heat source disconnected in winter if they are unable to pay their utility bills. The rule is in effect from October 15 through April 15 and applies to utilities regulated by the state. Minn. R. 7820.1500 (1993). The Cold Weather Rule does not prohibit shut -offs but does provide three levels of protection: 1) Inability to Pay status, Minn. R. 7820.1900 (1993); 2) Ten Percent Plan, Minn. R. 7820.1600, subp. (5)(a); Minn. R. 7820.1900 (1993); and 3) Payment Schedule, Minn. R. 7820.1600, subp. 4; Minn. R. 7820.2100 (1993). In order to qualify for Inability to Pay status or the Ten Percent Plan a 5 of 9 10/31/99 7:37 PM Landlord- Tenant Handbook: Other Important Laws http: / /www.tenant. net /Other_Areas/Minnesota/hb4.htm1 tenant's annual income must not be more than 185 percent of the federal poverty level (current poverty level is $14,800 for a family of four, so income must be less than $27, 380 to qualify for this plan) and the tenant must be willing to set up and keep a payment plan. Eligibility for Inability to Pay status requires the tenant to have a current account as of October 15 when the Cold Weather Rule season begins. Any residential customer, regardless of income or account status, may qualify for a payment schedule. Minn. R. 7820.2100 (1993). The rule also provides a Reconnection Plan for those who meet the income guidelines and whose service remains disconnected on October 15. Minn. R. 7820.2300 (1993). For more information about eligibility, or about applying for protection under the Cold Weather Rule, contact your local utility or call the Consumer Affairs Office of the Minnesota Public Utilities Commission at (612) 296 -0406. Unregulated Utilities Customers of unregulated utilities - cooperative electric associations and municipal utilities - also have some protection from having their heat source disconnected in the winter. Minn. R. 7820.1600, subp. (6)(a) (1993). A municipal utility or a cooperative electric association cannot shut off the service of a residential customer between October 15 and April 15 if: 1. The disconnection would affect the primary heat source. 2. The customer has declared an inability to pay on forms provided by the utility. 3. The household income of the customer is less than 185 percent of the federal poverty level. 4. The customer has no overdue bills from the billing period immediately before October 15 (or, if there was an overdue bill, the customer had arranged with the utility to repay it and is reasonably current in making scheduled payments under the repayment plan). Minn. R. 7820.1800 (1993). Regulations for Disconnection Without receipt of a written disconnection notice, a customer's utility service cannot be shut off. The consumer must be informed of the date that disconnection will occur, the reason for disconnection, and options to avoid disconnection. The notice must be written in easy -to- understand language and must be issued at least five days prior to disconnection, excluding Sundays and legal holidays. Minn. R. 7820.2400 (1993). 25. TENANT'S RIGHT TO A TAX CREDIT Minnesota law gives tenants (depending on income and amount of rent paid) a partial refund for the property taxes they pay directly or indirectly through their rent. To be eligible a tenant must be a renter in a property tax - paying unit. But if the tenant is renting from the government, or a private college, some other person, or other entity not required to pay taxes, the tenant is not eligible for a refund. To claim the credit, the tenant must file with the Minnesota Department of Revenue a property tax refund return form (M -LP) and include with it a "certificate of rent paid" that the landlord must supply to the renter by January 31 of each year. If there is a disagreement between the tenant and the landlord over how much the tenant can claim, or if the landlord fails to provide a certificate of rent paid form, a "Rent Paid" affidavit can be requested from the Minnesota Department of Revenue. Credit must be filed with the Department of Revenue by August 31. Questions may be directed to the department at (612) 296 -3781, or 1- 800 - 652 -9094. Minn. Stat. §290A.19, subd. 2 (1992). 26. DISCRIMINATION According to Minnesota law, landlords cannot legally refuse to sell, rent or lease housing to potential tenants, or have different rental terms, on the basis of race, color, creed, religion, national 6 of 9 10/31/99 7:37 PM Landlord- Tenant Handbook: Other Important Laws http: / /www. tenant. net /Other_Areas/Minnesota/hb4.html origin, sex, martial status, sexual or affectional orientation, disability, or reliance on public assistance. Minn. Stat. 4363.03, subd. (2)(a) (1992). (But there is an exception to this: an owner or occupier living in a one - family unit may refuse to rent part of the premises on the basis of sex, marital status, sexual or affectional orientation, disability, or reliance on public assistance). Minn. Stat. 4363.02, subd. (2)(b) (1992). Likewise, a landlord, for discriminatory reasons, cannot decrease services that have been promised in the lease. Minn. Stat. 4363.03, subd. (2)(b) (1992). It is also illegal for landlords to discriminate against people with children (this is also called "familial status "). But there are some important exceptions to this prohibition. Landlords can refuse to rent to persons with children when: 1. The vacancy is an owner- occupied house, duplex, triplex or four -plex. Minn. Stat. 4363.03, subd. 2 (1992). 2. The purpose of the building is to provide housing for elderly persons. To qualify for this second exemption the housing must: 1. Be provided under a state or federal program that is specifically designed and operated to assist elderly persons. 2. Be intended for and solely occupied by persons 62 years of age or older. 3. Be intended and operated for occupancy by at least one person 55 years of age or older per unit. When this latter circumstance is met, there must also be significant facilities or services designed to meet the physical or social needs of the elderly (or provide important housing opportunities for the elderly), at least 80 percent of the units must be occupied by one person 55 years of age or older per unit, and there must be the publication of, and adherence to, policies and procedures that demonstrate an intent to provide such housing. Minn. Stat. 4363.02, subd. (2)(2)(b) (1992). Complaints about discrimination should be filed with the Minnesota Department of Human Rights, 500 Bremer Building, 7th Place and Minnesota St., St. Paul, MN 55101; (612) 296 -5663, or toll free, 1- 800 - 657 -3704. In Minneapolis, St. Paul, and some other localities, such complaints may also be filed with municipal civil or human rights departments. Minn. Stat. §363 (1992). 27. HANDICAPPED ACCESSIBLE UNIT Minnesota law now requires that a disabled person, or a family with a disabled family member, must be given priority to handicapped- equipped rental housing. This law provides that if a non - disabled person, or a family that does not include a disabled person, is living in a handicapped - equipped unit, the owner must offer to rent a non - handicapped - equipped apartment to that person or family if: 1. A disabled person or a family with a disabled family member who will reside in the apartment has signed a rental agreement for the handicapped - equipped apartment. 2. A similar non - handicapped - equipped apartment in the same rental housing complex is available at the same rent. Minn. Stat. §363.033 (1992). The law requires that the owner must inform non - disabled people and families that do not include a disabled family member of the possibility of being offered a non - handicapped - equipped rental unit. This information must be provided before an agreement is made to rent an equipped unit. Minn. Stat. 4363.033 (1992). 28. LANDLORD DISCLOSURE Landlords must provide their tenants, in writing, with the name and address of: 7 of 9 10/31/99 7:37 PM Landlord- Tenant Handbook: Other Important Laws http: / /www.tenant. net /Other_Areas/Minnesota/hb4.html 1. The person authorized to manage the premises. 2. The owner of the premises or the owner's authorized agent (the person or entity that will be receiving any notices or demands). Minn. Stat. 6504.22, subd. 2 (1992). The addresses given should be something more detailed than a post office box number. The disclosure can be inserted in the rental agreement or in the lease or can be put in some other written form. But it must also be printed or typed and posted by the landlord in some clearly visible place on the premises. Minn. Stat. §504.22. subd. 3 (1992). The disclosure is important because the tenant must have a way of contacting the landlord or agent when repairs are needed or other problems arise. Also, a landlord cannot take any legal action against a tenant to recover rent or to evict unless the disclosure has been given. Minn. Stat. §504.22, subd. 5 (1992). Tenants who move out of a rental unit, or sublet their unit without giving the owner 30 days written notice, lose the protection of the disclosure law. Minn. Stat. 6504.22. subd. 6 (1992). 29. SUBLEASING Subleasing means having another person "take over" a tenant's unit by moving into the unit, paying rent and doing all the things the original tenant was supposed to do under the rental agreement. If nothing in the lease prohibits subletting, then the tenant can sublet. This means that the new tenant takes over the old tenant's duties, including paying the rent. It is best to get these agreements in writing and signed by both parties. Still, if the new tenant does not pay the rent, or if he or she damages the unit or leaves before the lease is up, the original tenant will be responsible to the landlord for any damages or unpaid rent. The original tenant can sue the new tenant for these costs. Most leases say the tenant can sublet only if the landlord agrees to it. If the tenant and landlord agree to sublet, it is best to get this agreement in writing. 30. ABANDONED PROPERTY Any personal property a tenant leaves behind after moving out must first be stored by the landlord. The landlord can collect from the tenant all moving and storage costs. But the tenant can get his or her property back before paying the moving and storage costs. If the tenant refuses to pay the moving and storage costs the landlord can sue the tenant to recover those costs. Minn. Stat. §504.24, subd. 1 (1992). The landlord has 24 hours after receiving a request from a tenant to return a tenant's personal property (48 hours if stored in another location). This period does not include weekends or holidays. Minn. Stat. 6504.24, subd. 2 (1992). Sixty days after the landlord has either received a notice of abandonment, or it has become reasonably apparent that the unit has been abandoned, the landlord may sell or get rid of the property in whatever way the landlord wishes. The landlord must make a reasonable effort, however, to contact the tenant at least two weeks before the sale of the items, to let the tenant know they are being sold or disposed of. The landlord must do this either by personally giving the tenant a written notice of the sale or by sending the notice by certified mail (return receipt requested) to the tenant's last known address or likely living quarters if that is known by the landlord. The landlord must also post a notice of the sale in a clearly visible place on the premises for at least two weeks before the sale. The landlord may use a reasonable amount of the money from the sale to pay for the costs of removing and storing the property, back rent, damages caused by the tenant, and other debts the tenant owes the landlord under an agreement. Money earned in excess of the landlord's costs belongs to the tenant, if the tenant has written and asked for it. The landlord may not withhold the tenant's property pending payment of any rent that may be owing. If the tenant has asked for his or 8of9 10/31/997:37 PM Landlord -Tenant Handbook: Other Important Laws http://www.tenant.net/Other_Areas/Minnesota/hb4.html her property back before the 60 day waiting period ends, the landlord must give the property back. nY Y g P g P P Y Minn. Stat. $504.24, subd. 1 (1992). The landlord must return the tenant's property within 24 hours after the tenant's written demand, or 48 hours (not counting the weekends and holidays) if the landlord has moved the tenant's property somewhere other than the apartment building or house. If the landlord or the landlord's agent does not allow the tenant to reclaim the property after the tenant has written for it, the tenant may sue for a penalty not to exceed $300 plus any damages the tenant suffered plus reasonable attorney's fees. Minn. Stat. $504.24, subd. 2 (1992). 31. EXPANDED DEFINITION OF TENANT Caretakers and other individuals who exchange their services (instead of money) for rent are now considered tenants. As such, these individuals are entitled to all rights and remedies provided to tenants by law. Minn. Stat. §566.18, subd. 2 (sums. 1993). 32. SMOKING IN COMMON AREAS Minnesota's Clean Indoor Air Act was amended so that smoking is now prohibited in all common areas within apartment buildings. Minn. Stat. §144.413, subd. 2 (supp. 1994). 33. MANUFACTURED HOME PARK TENANTS Manufactured home owners who rent lots in manufactured home parks have special rights and responsibilities under Minnesota law. Minn. Stat. §327C (1992). The Minnesota Attorney General's Office publishes a brochure detailing these rights and responsibilities. To receive Manufactured Home Park Tenants: Rights and Duties contact the Attorney General's Office at (612) 296 -3353 (voice), (612) 297 -7206 (TTD), or 1- 800 - 657 -3787 (voice and TTD) or write to: Minnesota Attorney General's Office NCL Tower, Suite 1400 St. Paul, MN 55101 [ ENTERING INTO THE AGREEMENT I DURING THE TENANCY 1 ENDING THE TENANCY 1 OTHER IMPORTANT LAWS 1 9 of 9 10/31 /99 7:37 PM Landlord- Tenant Handbook Main Page htt p:// tenant. net / Other _Areas /Minnesota /handhead.html I!` !" Z* II, I lit i ' i 1 t, L ' i i , s°' ` ' 11 l Landlords and Tenants fr RIGHTS AND RESPONSIBILITIES From the Office of ' Hubert Humphrey III r Minnesota Attorney General ." l . About This Handbook The rights and duties of landlords and tenants in Minnesota are spelled out in state statutes, local ordinances, safety and housing codes, common law, contract law and a number of court decisions. , Landlord and tenant responsibilities tend to vary from place to place around the state. Certain rights and duties apply to landlords and tenants everywhere in Minnesota. This handbook attempts to explain those rights. This booklet should not be looked to as a fmal source of legal advice to be used in resolving specific landlord -tenant problems or questions. It is a summary of the laws that govern the landlord -tenant relationship. Statutes and some case law examples are cited at the back of this brochure for further reference. If a cite does not appear, the information is likely derived from common law or case law. As with all documents, clicking on hyper -text will lead you to more information. Clicking on a cite will bring up the text of the law a rule is derived from. Tenants in federal housing and other forms of subsidized housing have additional rights under federal law not covered in this handbook. Those tenants should check their leases for this information. Minn. Stat. &504.22 (1992) requires landlords to notify tenants that this handbook is available to them. 1 of 3 10/26/99 2:45 PM Landlord - Tenant Handbook Main Page http: // tenant. net / Other _Areas /Minnesota /handhead.html Landlords and Tenants: Rights and Responsibilities is written and published by the Minnesota Attorney General's Office as required by Minn. Stat. §504.22 subd. 4(a) (1992). This edition was written in December 1994 in St. Paul, Minnesota. The on -line edition was developed by Michael Olenick in cooperation with the Attorney General's office. This handbook is available in other formats upon request. Landlords and Tenants: Rights and Responsibilities Table of Contents ENTERING INTO THE AGREEMENT 1. Inspecting the Unit Before Signing a Lease 2. Application Fees 3. Security Deposits • Amount of the Deposit 4. Tenant Reports 5. The Lease • Periodic Tenancy Leases • Definite Term Leases • Length Restrictions for Some Leases 6. Disclosure to the Tenant 7. Utilities 8. Maintenance 9. Unlawful Destruction of Property 10. Alterations DURING THE TENANCY 11. The Rent • Payments • Late Fees • Raising the Rent 12. Tenant's Right to Privacy 13. Repair Problems • Calling in an Inspector • Rent Escrow • Withholding Rent • Using the Tenant's Remedies Act • Rent Abatement 14. Defense • Neighborhood Organizations Condemned Dwellings ENDING THE TENANCY 15. Proper Notice • For Periodic Tenancies • For Definite Term Tenancies • Holdover Tenants • Section 8 16. Three Day Notice During Winter 17. Refund of the Security Deposit 2 of 3 10/26/99 2:45 PM Landlord- Tenant Handbook Main Page http : // tenant. net / Other _Areas /Minnesota /handhead.html • Interest • Taking the Matter to Court OTHER IMPORTANT LAWS t,1•_�.A° Housing Courts ________---I Gu"��` Eviction • Unlawful Detainer Actions • Storage of Personal Property • To Get the Property Back • Eviction for Manufacture and Sale of Drugs • Seizure of Property 20. Retaliation 21. Unlawful Exclusions and Property Confiscation 22. Lease Violation and Outstanding Rent Cases 23. Utility Cutoffs • Loss of Essential Services 24. Cold Weather Rule • Regulated Utilities • Unregulated Utilities • Regulations for Disconnection 25. Tenant's Right to a Tax Credit 26. Discrimination 27. Handicapped- Accessible Unit 28. Landlord Disclosure 29. Subleasing 30. Abandoned Property 31. Expanded Definition of Tenant 32. Smoking in Common Areas 3 of 3 10/26/99 2:45 PM Plain- Person's Guide to Minnesota Landlord- Tenant Law ht tp:// tenant. net / Other _Areas /Minnesota /ppgmnllt.html The Plain- Person's Guide to Minnesota Landlord- Tenant Law A compilation of resources dealing with landlord- tenant laws in the state of Minnesota • Minnesota Attorney- General's Landlord -Tenant Handbook • Minnesota Statute 504: Landlords and Tenant • Minnesota Statute 566: Forcible Entry and Unlawful Detainer (Eviction) • Select miscellaneous statutes: Discrimination, Repossession • Frequently asked Landlord -Tenant questions • Additional Resources (TenantUnions, Legal -Aid, etc...) • New developments in Minnesota landlord -tenant law • Sample lease from the Multi - Housing Association • The purpose of this guide If you like or dislike the Plain Person's Guide, have a question or just want a penpal, please send an e-mail to: michaelo @,winternet.com By moving forward the user assumes the risk that information in this guide may be incomplete or inaccurate. All material is presented as -is and warranties of merchantability and fitness for a particular purpose are disclaimed. This guide is presented as a supplement to competent legal representation and should not be used in place thereof. All parts of all pages, including but not limited to text and HTML encoding, with the exception of original governmental texts (including the Attorney General's Handbook) Copyright ®1995, Olen Publishing, 1604 Dayton Ave., St. Paul, MN 55401. All Rights Reserved. Verbiage of Landlords and Tenants, Rights and Responsibilities Copyright 01995, Hubert H. Humphrey III, Minnesota Attorney General. World Rights Reserved. Minnesota Multi Housing Association Lease Copyright®1994, Minnesota Multi Housing Association, 8030 Old Cedar Avenue, Bloomington, MN 55425 -1215 No rights are claimed to the text of original government works. 1 of 1 10/26/99 2:45 PM Landlord -Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other_Areas/Minnesota/566.htm1 Selected Landlord - Tenant Laws of Minnesota, Section 566 FORCIBLE ENTRY AND UNLAWFUL DETAINER 1566.01 [Forcible entry and unlawful detainer. 1566.02 [Unlawful detention of lands or tenements. 1V5677 Notice of seizure provision. 1566.03 lkecovery of possession; defenses. 1566.04 Limitation. 1566.05 Complaint and summons. 1566.051 Expedited proceedings. 1566161 Summons; how served. 13667071 Answer; trial. 566.08 Adjournment; security for rent. 1566.09 Judgment; fine; execution. 1566.10 Disagreement. 1566.11 Writ of restition; effect of appeal. 1566.122 Appeal; stay. 1566.13 Appeal after issuance of writ; stay. 1566.14 [Dismissal of appeals; amendments; return. 1566.15 Form of verdict. 1566.16 Forms of summons and writ. 1 Execution of the writ of restitution. 1566.1751Unlawful removal or exclusion; recovery of possession. 1566.18 Remedies for tenants; definitions. 13661 Inspection, notice. 1566.20 Special proceeding. l 511E1mergency relief proceeding. 1 566 . 21 [ 1566.22 Answer. 1566.23 Defenses. 156E24 Hearing. [566:231 Judgment. _ 1566.26 Service of judgment. 1566.27 Owner's right to collect rent suspended. 1566.28 Eviction proceedings by owner limited. 1566.29 Administrator. 1566.291 Receivership revolving loan fund. 136 Removal of administrator. 1 1566.31 Termination of administration. 1566.32 1 Waiver prohibited. 1566.33 [Purpose to provide additional remedies. 1566.34 Escrow of rent to remedy violations. '566.35 ' to ations o • ui • mg repair or. ers. 1 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other Areas/Minnesota/566.html 11566.35 iffiolations of building repair orders. �I 566.01 Forcible Entry and Unlawful Detainer No person shall make entry into lands or tenements except in cases where entry is allowed by law, and in such cases the person shall not enter by force, but only in a peaceable manner. 566.02 Unlawful Detention of Lands or Tenements Subject to Fine When any person has made unlawful or forcible entry into lands or tenements, and detains the same, or, having peacably entered, unlawfully detains the same, the person entitled to the premises may recover possession thereof in the manner hereinafter provided. A seizure under section 609.5317, subdivision I, for which there is not a defense under section 609.5317, subdivision 3, constitutes unlawful detention by the tenant. 566.021 Notice of Seizure Provision Landlords shall give written notice to tenants of the provision relating to seizures in section 566.02. Failure to give such notice does not subject the landlord to criminal or civil liability and is not a defense under section 609.5317, subdivision 3. 566.03 Recovery of Possession; Defenses 1. The person entitled to the premises may recover possession in the manner provided in this section when: 1. any person holds over lands or tenements after a sale thereof on an execution of judgment, of on foreclosure of a mortgage, and expiration of the time for redemption, or after termination of contract to convey the same, provided that if the person holding such lands or tenements after the expiration of the time for redemption or termination is a tenant, the person has received: (i) at least one month's written notice to vacate no sooner than one month after the expiration of the time for redemption or termination, provided that the tenant pays the rent and abides by all terms of the lease; or (ii) at least one month's written notice to vacate no later than the date of the expiration of the time for redemption or termination, which notice shall also state that the sender will hold the tenant harmless for breaching the lease by vacating the premises if the mortgage is redeemed or the contract is reinstated; 2. any person holds over lands or tenements after termination of the time for which they are demised or let to that person or to the persons under whom that person holds possession, or contrary to the conditions or covenants of the lease or agreement under which that person holds, or after any rent becomes due according to the terms of such lease or agreement; or 3. any tenant at will holds after the determination of the estate by notice to quit. 2. It shall be a defense to an action for recovery of premises following the alleged termination of a tenancy by notice to quit for the defendant to prove by a fair prepoderance of the evidence that: 1. The alleged termination was intended in whole or part as a penalty for the defendant's good faith attempt to secure or enforce rights under a lease or contract, oral or written, or under the laws of the state, any of its governmental subdivisions, or of the United States; or 2. The alleged termination was intended in whole or part as a penalty for the defendant's good faith report to a governmental authority of the plaintiffs violation of any health, safety, housing or building codes or ordinances. 2 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 http:f/tenant. net /Other AreasfMinnesota/566.html If the notice to uit was served within 90 days of the date of any act of the tenant coming the terms of clause (1) or 1 2 O the burden of proving that the notice k quit g p g no tt a to qut was not served in whole or part for a retaliatory purpose shall rest with the plaintiff. 3. In any proceeding for the restitution of premises upon the ground of nonpayment of rent, it shall be a defense thereto if the tenant establishes by a preponderance of the evidence that the plaintiff increased the tenant's rent of decreased the services as a penalty in whole or part for any lawful act of the tenant as described in subdivision 2, providing that the tenant tender to the court or to the plaintiff the amount of rent due and payable under the tenant's original obligation. 4. Nothing contained herein shall limit the right of the lessor pursuant to the provisions of subdivision 1 to terminate a tenancy or a violation by the tenant of a lawful, material provision of a lease or contract, whether written or oral, or to hold the tenant liable for damage to the premises caused by the tenant or a person acting under the tenant's direction or control. 5. (a) An action for recovery of the premises may combine the allegation of nonpayment of rent and the allegation of material violation of the lease, which shall be heard as alternative grounds. (b) In cases where rent is outstanding, a tenant is not required to pay into court the amount of rent in arrears, interest, and costs as required under section 504.02 to defend against the allegation by the landlord that the tenant has committed a material violation of the lease. (c) If the landlord does not prevail in proving material violation of the lease, and the landlord has also alleged that rent is due, the tenant shall be permitted to present defenses to the court that the rent is not owing. The tenant shall be given up to seven days of additional time to pay any rent determined by the court to be due. The court may order the tenant to pay rent and any costs determined to be due directly to the landlord or to be deposited with the court. 566.04 No Restitution if Tenant Holds Over For Three Years No restitution shall be made under this chapter of any lands or tenements of which the part complained of, or that person's ancestors, or those under whom the person holds the premises, have been in quiet possession for three years next before the filing of the complaint, after the determination of the leasehold estate that the person may have had therein. 566.05 Complaint and Summons The person complaining shall file a complaint with the court, describing the premises of which possession is claimed, stating the facts which authorize the recovery, and praying for restitution thereof. The court shall issue a summons, commanding the person against whom the complaint is made to appear before the court on a day and at a place stated in the summons. The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons. A copy of the complaint shall be attached to the summons, which shall state that the copy if attached and that the original has been filed. 566.051 Expedited Proceedings A landlord, agent, or other person acting under the landlord's direction or control may request expedited temporary relief by bringing an action under section 609.748 or filing a petition for a temporary restraining order, in conjunction with a complaint filed under section 566.05. 566.06 Summons; How Served The summons shall be served at least seven days before the return day in the manner provided for service of a summons in a civil action in the district court. If the person cannot be found in the 3 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 http: / /tenant.net/Other Areas/Minnesota/566.html county, the summons may be served at least seven days before its return day by leaving a copy at the person's usual place of abode with a family member or a person of suitable age and discretion residing there, or if the person had no place of abode, by leaving a copy upon the premises described in the complaint with a person of suitable age and discretion occupying the same or any part thereof. The summons may be served by any person not named a party to the action. If the defendant cannot be found in the county, of which the return of the sheriff or constable shall be prima facie proof, and, in the case of nonresidential premises, no person actually occupies the premises described in the complaint, or, in case the premises described in the complaint is residential, service has been attempted at least twice on different days, with at least one of the attempts having been made between the hours of 6:00 and 10:00 p.m., upon the filing of an affidavit of the plaintiff or the plaintiffs attorney stating that (1) the defendant cannot be found or on belief that the defendant is not in this state, and (2) a copy of the summons has been mailed to the defendant at the defendant's last known address if any is known to the plaintiff, service of the summons may be made upon the defendant by posting the summons in a conspicuous place on the premises for not less than one week. If the defendant or the defendant's attorney does not appear in court upon the return day in the action, the trial thereof shall proceed. 566.07 Answer; Trial After the return of the summons, at the time and place appointed therein, the defendant, on appearing, may answer the complaint, and all matters in excuse, justification, or avoidance of the allegations thereof shall be set up in the answer; and thereupon the court shall hear and determine the action, unless it shall adjourn the trial as provided in section 566.08, but either party may demand a trial by jury. The proceedings in such action shall be the same as in other civil actions, except as in this chapter otherwise provided. 566.08 Adjournment; Security For Rent The court, in its discretion, may adjourn the trial, but not beyond six days after the return day, unless by consent of parties; but in all cases mentioned in section 566.03, except in an action upon a written lease signed by both parties thereto, if the defendant, or the defendant's agent or attorney, shall make oath that the defendant cannot safely proceed to trial for want of a material witness, naming the witness, and that the defendant has made due exertion to obtain the witness, and believes that, if such adjournment be allowed, the defendant will be able to procure the attendance of such witness at the trial, or the witness' deposition, and shall give bond conditioned to pay to the plaintiff all rent which may accrue during the pendency of the action, and all costs and damages consequent upon such adjournment, the court shall adjourn the trial for such time as may appear necessary, not exceeding three months. 566.09 Judgment; Fine; Execution 1. General. If the court or jury finds for the plaintiff, the court shall immediately enter judgment that the plaintiff have restitution of the premises and tax the costs for the plaintiff. The court shall issue execution in favor of the plaintiff for the costs and also immediately issue a writ of restitution. Except in actions brought under 566.02 as required by section 609.5317, subdivision 1, upon a showing by the defendant that immediate restitution of the premises would work a substantial hardship upon the defendant or the defendant's family, the court shall stay the writ of restitution for a reasonable period, not to exceed seven days. If the court or jury fmds for the defendant, the court shall enter judgment for the defendant, tax the costs against the plaintiff, and issue execution therefor. 2. Real property; seizures. If the court enters judgment for the plaintiff in an action brought under section 566.02 as required by section 609.5317, subdivision 1, the court may not stay issuance of the writ of restitution unless the court makes written findings specifying the extraordinary and exigent circumstances that warrant staying the writ for a reasonable period, not to exceed seven days. 4 of 17 10/26/99 2:52 PM Landlord -Tenant Laws of Minnesota, Section 566 http://tenant. net /Other Areas/Minnesota/566.html 566.10 Disagreement If the jury cannot agree upon a verdict, the court may discharge them, and issue a venire, returnable forthwith, or at some other time agreed upon by the parties or fixed by the court, for the purpose of impaneling a new jury. 566.11 Writ of Restitution; Effect of Appeal If the party against whom judgment for restitution is rendered or the party's attorney state to the court an intent to take an appeal, a writ of restitution shall not issue for 24 hours after judgment. In an action on a lease, against a tenant holding over after the expiration of the term thereof, or a termination thereof by a notice to quit, such writ may issue forthwith notwithstanding such notice of appeal, if the plaintiff give a bond conditioned to pay all costs and damages in case on the appeal the judgment of restitution be reversed and a new trial ordered. 566.12 Appeal; Stay A party who feels aggrieved by the judgment may appeal within ten days as in other cases triable before courts except that if the party appealing remains in possession of the premises, bond shall be conditioned to pay all costs of such appeal and abide the order the court may make therein and pay all rents and other damages justly accruing to the party excluded from possession during the pendency of the appeal. Upon the taking of such appeal all further proceedings in the case shall be stayed, except that in an action on a least against a tenant holding over after the expiration of the term thereof or termination thereof by notice to quit, if the plaintiff give bond as provided in section 566.11, a writ of restitution shall issue as if no appeal has been taken and the appellate court shall thereafter issue all needful writs and processes to carry out any judgment which may be rendered in such court. 566.13 Appeal After Issuance of Writ; Stay If a writ of restitution has issued before the taking of an appeal, the court shall give appellant a certificate of the allowance thereof. Upon being served with such certificate, the officer having the writ shall cease all further proceedings thereunder and if the writ has not been completely executed the defendant shall remain in possession of the premises until the determination of the appeal, but this section shall not apply to a case where judgment for restitution has been entered on a lease against a tenant holding over after the expiration of the term thereof or determination thereof by notice to quit. 566.14 Dismissal of Appeals; Amendments; Return In all cases of appeal, the appellate court shall not dismiss or quash the proceedings for want of form only, provided they have been conducted substantially in accordance with the provisions of this chapter. Amendments may be allowed at any time, upon such terms as to the court may appear just, in the same cases and manner and to the same extent as in civil actions. The court may compel the trial court, by attachment, to make or amend any return which is withheld or improperly or insufficiently made. 566.15 Form of Verdict The verdict of the jury of the finding of the court in favor of the plaintiff in an action under this chapter shall be substantially in the following form: 5 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 htt p:// tenant. net /Other_Areas/Minnesota/566.html At a court held at ...., on the .... day of ...., 19...., before ...., a judge in and for the county of .... in an action between ...., plaintiff, ...., defendant, the jury (or, if the action be tried without a jury the court) find that the facts alleged in the complaint are true, and the said plaintiff ought to have restitution of the premises therein described without delay. If the verdict or finding be for the defendant, it shall be sufficient to find that the facts alleged in the complaint are not true. 566.16 1. Forms of Summons and Writ The summons and writ of restitution may be substantially in the following forms: FORM OF SUMMONS State of Minnesota County of Whereas, ...., of ...., hath filed with the undersigned, a judge in and for said county, a complaint against ...., of ...., a copy whereof is hereto attached: Therefore you are hereby summoned to appear before the undersigned on the .... day of ...., 19...., at .... o'clock ....m., at ...., then and there to make answer to and defend against the complaint afforsaid, and further to be dealt with according to law. Dated at ...., this .... day of ...., 19.... , Judge of court. FORM OF WRIT OF RESTITUTION State of Minnesota County of The State of Minnesota, to the Sheriff of Any Constable of the County Aforesaid: Whereas, ...., plaintiff, of , in an action for an unlawful or forcible entry and detainer (or for an unlawful detainer, as the case may be), at a court held at ...., in the county aforesaid, on the .... day of ...., 19...., before ...., a judge in and for said county, by the consideration of the court, recovered a judgment against ...., of ...., to have restitution of (here describe the premises as in the complaint): Therefore, you are hereby commanded that, taking with you the force of the county, if necessary, you cause the said .... to be immediately removed from the aforesaid premises, and the said .... to have peacable restitution of the same. You are also hereby commanded that of the goods and chattels of the said ... within said county you cause to be levied, and, the same being disposed of according to law, to be paid to the said .... the sum of dollars, being the costs taxed against the said .... for the said ...., at the court aforesaid, together with 25 cents for this writ; and thereof, together with this writ, make due return within 30 days from the date hereof, according to law. Dated at ...., this .... day of...., 19.... Judge of court 2. Notice Of Drug Related Writ The court shall identify a writ of restitution that is issued pursuant to an unlawful detainer action under section 504.181, or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property and clearly note on the writ of restitution that it is a priority writ. Notice that it is a priority writ must be made in a manner that is obvious to an officer who must execute the writ under section 566.17. 6 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 htt p:// tenant. net /Other_Areas/Minnesota/566.html 566.17 Execution of the Writ of Restitution 1 General. The officer holding the writ of restitution shall execute the same by making a demand upon defendant if found in the county or any adult member of the defendant's family holding possession of the premises, or other person in charge thereof, for the possession of the same, and that the defendant leave, taking family and all personal property from such premises within 24 hours after such demand. If defendant fails to comply with the demand, then the officer shall bring, if necessary, the force of the county and whatever assistance may be necessary, at the cost of the complaintant, remove the said defendant, family and all personal property from said permises detained, immediately and place the plaintiff in possession thereof. In case defendant cannot be found in the county, and there is no person in charge of the premises detained, so that no demand can be made upon the defendant, then the officer shall enter into possession of the premises, breaking in if necessary, and the property of the defendant shall be removed and stored at a place designated by the plaintiff as provided under subdivision 2. la. Priority; execution of drug related writ. An officer shall give priority to the execution, under this section, of any writ of restitution that is based on an unlawful detainer action under section 504.181, or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property. 2. Removal and storage of property. (a) In cases where the defendant's personal property is to be stored in a place other than the premises, the officer shall remove all property of the defendant at the expense of the plaintiff. The plaintiff shall have a lien upon all of the goods upon the premises for the reasonable costs and expenses incurred for removing the personal property and for the proper caring and storing the same, and the costs of transportation of the same to some suitable place of storage, in case defendant shall fail or refuse to make immediate payment for all the expenses of such removal from the premises and plaintiff shall have the right to enforce such lien by detaining the same until paid, and, in case of nonpayment for 60 days after the execution of the writ, shall have the right to enforce the lien and foreclose the same by public sale as provided for in case of sales under sections 514.18 to 514.22. (b) In cases where the defendant's property is to be stored on the premises, the officer shall enter the premises, breaking in if necessary, and the plaintiff may remove the defendant's personal property. The provisions of section 504.24 apply to property removed under this paragraph. The plaintiff must prepare an inventory and mail a copy of the inventory to the defendant's last known address or, if the defendant has provided a different address, to the address provided by the defendant. The inventory must be prepared, signed, and dated in the presence of the peace officer. The inventory must include the following: 1. a listing of the items of personal property and a description of the condition of the property; 2. the date; the signature of the plaintiff or the plaintiffs agent, and the name and telephone number of a person authorized to release the personal property; and 3. the name and badge number of the peace officer. The peace officer shall retain a copy of the inventory. The plaintiff is responsible for the proper removal, storage, and care of the defendant's personal property and is liable for damages for loss or injury to the defendant's personal property caused by the plaintiffs failure to exercise care in regard to it as a reasonably careful person would exercise under like circumstances. The plaintiff shall notify the defendant of the date and approximate time the officer is scheduled to remove the defendant, family, and the defendant's personal property from the premises. The notice must be sent by first -class mail. In addition, the plaintiff must make a 7 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 http: / /tenant.net/Other _Areas /Minnesota/566.html good faith effort to notify the defendant by telephone. The notice must be mailed as soon as the information regarding the date and approximate time the officer is scheduled to enforce the writ is known to the plaintiff, except that the scheduling of the peace officer to enforce the writ need not be delayed because of the notice requirement. The notice must inform the defendant that the defendant and the defendant's property will be removed from the premises if the defendant has not vacated the premises by the time specified in the notice. 2a In the second and fourth judicial districts, the housing calendar consolidation project shall retain jurisdiction in matters relating to removal of property under this section. If the plaintiff refuses to return the property after proper demand is made as provided in section 504.24, the court shall enter an order requiring the plaintiff to retum the property to the defendant and awarding reasonable expenses including attorney fees to the defendant. 3. Penalty; waiver prohibited. Unless the premises have been abandoned, a plaintiff, agent, or other person acting under the plaintiffs direction or control who enters the premises and removes the defendant's property in violation of this section is guilty of wrongful ouster under section 504.255 and is subject to penalty under section 504.25. The provisions of this section may not be waived or modified by any oral or written agreement. 566.175 Unlawful Removal or Exclusion; Recovery of Possession 1. Unlawful exclusion or removal. For purposes of this section, "unlawfully removed or excluded" means actual or constructive removal or exclusion. Actual or constructive removal or exclusion may include the termination of utilities, or the removal of doors, windows, or locks. Any tenant who is unlawfully removed or excluded from lands or tenements which are demised or let to the tenant may recover possession of the premises in the fallowing manner: (a) The tenant shall present a verified petition to the county or municipal court of the county in which the premises are located, which petition shall: (1) describe the premises of which possession is claimed and the owner, as defined in section 566.18, subdivision 3, of the premises; (2) specifically state the facts and grounds that demonstrate the removal or exclusion was unlawful including a statement that no judgment and writ of restitution have been issued under section 566.09 in favor of the owner and against the petitioner as to the premises and executed in accordance with section 566.17; and (3) as for possession thereof. (b) If it clearly appears from the specific grounds and facts stated in the verified petition or by separate affidavit of petitioner or the petitioner's counsel or agent that the removal or exclusion was unlawful, the court shall immediately order that petitioner have possession of the premises. (c) The petitioner shall furnish monetary or other security if any as the court deems appropriate under the circumstances for payment of all costs and damages the defendant may sustain if the order is subsequently found to have been obtained wrongfully. In determining the appropriateness of any security the court shall consider petitioner's ability to afford monetary security. (d) The court shall direct the order to the sheriff or any constable of the county in which the premises is located and the sheriff or constable shall execute the order immediately by making a demand upon the defendant, if found, or the defendant's agent or other person in charge of the premises, for possession of the premises. If the defendant fails to comply with the demand, the officer shall take whatever assistance may be necessary and immediately place the petitioner in ossession of the premises. If the defendant or the defendant's agent P P g or other person in control of the premises cannot be found and if there is no person in charge of the premises detained so that no demand can be made, the officer shall immediately enter in possession of the premises and place the petitioner in possession of the premises. The officer shall also serve the order and verified petition or affidavit without delay upon the defendant or agent, in the same manner as a summons is required to be served in a civil action in district court. 2. The defendant by written motion and notice served by mail or personally upon petitioner or 8 of 17 10/26/99 2:52 PM Landlord - Tenant Laws of Minnesota, Section 566 http: / /tenant.net/Other _Areas /Minnesota /566.html petitioner's attorney at least two days prior to the hearing date on the motion may obtain dissolution or modification of the order for possession, issued pursuant to subdivision 1, clause (b), unless the petitioner proves the facts and grounds upon which the writ is issued. A defendant bringing a motion pursuant to this subdivision may recover possession of the premises only in accordance with sections 566.03 to 566.17 or otherwise provided by law. Upon the dissolution of the order, the court shall tax costs to petitioner, subject to the provisions of section 563.01, and may allow damages and reasonable attorney's fees for the wrongful granting of the order for possession. If the order is affirmed the court shall tax costs against defendant and may allow petitioner reasonable attorney's fees. 3. An order issued under subdivision 1, clause (b), or affirmed, modified or dissolved under subdivision 2 is a final order for purposes of appeal and either party aggrieved by the order may appeal within ten days after entry of the order. If the party appealing remains in possession of the premises, bond shall be conditioned to pay all costs of the appeal, to abide by the order the court may make and to pay all rent and other damages justly accruing to the party excluded from possession during the pendency of the appeal. 4. Any provisions, whether oral or written, of any lease or other agreement whereby any provision of this section is waived by a tenant is contrary to public policy and void. 5. The purpose of this section is to provide an additional and summary remedy for tenants unlawfully removed or excluded from rental property and except as where expressly provided in this section, sections 566.03 to 566.17 shall not apply to proceedings under this section. 6. Application. This section applies to: (1) tenants as defined in section 566.18, subdivision 2, and including occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired; (2) buildings as that term is defined in section 566.18, subdivision 7; and (3) landlords as the term "owner" is defined in section 566.18, subdivision 3, but also including mortgagees and contract for deed vendors. 566.18 Remedies for Tenants; Definitions 1. As used in sections 566.18 to 566.33, the terms in this section shall have the meanings assigned to them. 2. Tenant. "Tenant" means any person who is occupying a dwelling in a building as defined in subdivision 7, under any agreement, lease, or contract, whether oral or written, and for whatever, period of time, which requires the payment of money or exchange of services as rent for the use of the dwelling unit, and all other regular occupants of that dwelling unit, and any resident of a manufactured home park. 3. "Owner" means the owner or owners of the freehold of the premises or lesser estate therein, contract vendee, receiver, executor, trustee, lessee, agent, or any other person, fiiiii or corporation directly or indirectly in control of a building subject to the provision of the act. 4. "Commercial tenant" means any person paying rent in a building defined in subdivision 7 who is not a tenant, as defined in subdivision 2. 5. "Person" means a natural person, corporation, partnership or unincorporated association. 6. "Violation means" (a) a violation of any state, county or city health, safety, housing, building, fire prevention, or housing maintenance code applicable to the building; (b) a violation of any of the covenants set forth in section 504.18, subdivision 1, clauses (a) or (b); (c) a violation of an oral or written agreement, lease or contract for the rental of a dwelling in a building. 7. Building. "Building means: (a) a building used in while or in part as a dwelling, including single family homes, multiple family units such as apartments, and structures containing both dwelling units and units used for non - dwelling purposes, and also includes a manufactured home park, or (b) an unoccupied building which was previously used in whole or in part as a dwelling and which constitutes a nuisance under section 561.01. 9 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 http: / /tenant.net/Other _Areas /Minnesota/566.html 8. "Inspector" means the person charged by the governing body of the political subdivision in which a building is situated, with the responsibility of enforcing provisions of local law, the breach of which could constitute a violation as defined in subdivision 6, clause (a), or if no such person, the county agent of a board of health as authorized under section 145A.04 or the char of the board of county commissioners, and in the case of a manufactured home park, the state department of health, or its designee. 9. Neighborhood organization. "Neighborhood organization" means a non -profit corporation incorporated under chapter 317A that satisfied clauses (11) and (2). The corporation shall: (1) designate in its articles of incorporation or bylaws a specific geographic community to which its activities are limited; and (2) be formed for the purposes of promoting community safety, crime prevention, and housing quality in a nondiscriminatory manner. For purposes of this chapter, an action taken by a neighborhood organization with the written permission of a tenant means, with respect to a building with multiple dwelling units, an action taken by the neighborhood organization with the written permission of the tenants of a majority of the occupied units. 566.19 Inspection, Notice 1. Upon demand by a tenant, neighborhood organization with the written permission of a tenant or, if a building is unoccupied, by a neighborhood organization, an inspection shall be made by the local authority charged with enforcing the code claimed to be violated. 2. After an inspection of a building has been made upon demand by a tenant or neighborhood organization with the written permission of a tenant, the owner or the owner's agent and the complaining tenant or neighborhood organization shall be informed in writing by the inspector of any code violations discovered and a reasonable period of time shall be allowed in which the correct the violations. 3. Where an inspection has been made, no action shall be brought pursuant to sections 566.18 to 566.33 except on expiration of the time thus granted without satisfactory repairs being accomplished to remove the code violations unless the tenant or neighborhood organization with the written permission of a tenant shall allege the time is excessive. 4. No action may be commenced pursuant to sections 566.18 to 566.33 by a tenant of a building in which a violation as defined in section 566.18, subdivision 6, clause (b) or (g is alleged to exist or by a neighborhood organization with the written permission of a tenant of a building in which a violation as defined in section 566.18, subdivision 6, clause (b), is alleged to exist unless the owner is informed in writing of the alleged violation at least 14 days prior to the commencement of the action. The notice requirement may be waived upon a finding by the court that the owner cannot be located despite diligent efforts. 566.20 Special Proceeding 1. An action may be brought in district court by any tenant of a building in which a violation, as defined in section 566.18, subdivision 6, is alleged to exist, or by any neighborhood organization with the written permission of a tenant of a building in which a violation, as defined in section 566.18, subdivision 6, clause (a) or (b), is alleged to exist, or by a neighborhood organization that has within its geographical area an unoccupied building in which a violation, as defined in section 566.18, subdivision 6, clause (a) or (b), is alleged to exist, or state, county or local department, or authority, charged with the enforcement of codes relating to health, housing, or building maintenance. 2. The venue of the action authorized by this section shall be within the county in which the building alleged to contain violations is located. 3. The action shall be commenced by service of a complaint and summons, which summons may be issued only by a judge or court administrator. 4. The complaintant shall be verified and shall: (a) Allege material facts showing that there then exists in the building a violation or violations; (b) State the relief sought; (c) List the rents due each month from each dwelling unit within the building, if known; and 10 of 17 10/26/99 2:52 PM Landlord - Tenant Laws of Minnesota, Section 566 http: / /tenant.net/Other _Areas /Minnesota /566.html (d) If the violation is a violation as defined in section 566.18, subdivision 6, clause (a), be accompanied by a copy of the official report of inspection by any department of health, housing or buildings, certified by the custodian of records of that department stating 1. when and by whom the building concerned was inspected, 2. what code violation were recorded, and 3. that notice of the code violations has been given to the building owner; or (e) If the violation is a violation as defined in section 566.18, subdivision 6, clause (a), be accompanied by a statement that a request for inspection was made to the appropriate state P Y q P state, county or municipal department and demand made upon the owner to correct the alleged code violation and that a reasonable period of time has elapsed since the demand or request was made. 566.205 Emergency Relief Proceeding 1. Petition. A person authorized to bring an action under section 566.20 may petition the court for relief in cases of emergency involving the loss of running water, hot water, heat, electricity, sanitary facilities, or other essential services or facilities that the owner is responsible for providing. 2. Venue. The venue of the action is within the county where the building alleged to contain the emergency condition is located. 3. Petition information. The petitioner shall present a verified petition to the district court that states the following: 1. a description of the premises and the identity of the owner; 2. a statement of the facts and grounds that demonstrate the existence of an emergency caused by the loss of essential services or facilities; and 3. a request for relief. 4. Notice. The petitioner shall attempt to notify the owner, at least 24 hours before application to the court, of the petitioner's intent to seek emergency relief. An order may be granted without notice to the owner on finding that reasonable efforts, as set forth in the petition or by separate affidavit, were made to notify the owner but that the efforts were unsuccessful. 5. Relief; service of order.The court may order relief as provided in section 566.25. The petitioner shall serve the order on the owner personally or by mail as soon as practicable. 6. Limitation. The tenant remedy under this section does not extend to emergencies which are the result of the deliberate or negligent act or omission of a tenant or anyone acting under the direction or control of the tenant. 7. Effect of other laws. The requirement of section 566.19 do not apply to a petition for emergency relief under this section. 566.21 Summons 1. Upon receipt of the complaint, the court administrator shall prepare a summons. Said summons shall: (a) Specify the time and place of the hearing to be held on the complaint, which hearing shall be not less than five or more than ten days after receipt of the complaint by the court administrator; and (b) State that if at that time a defense is not interposed and established by the defendant, judgment may be entered for the relief requested and authorized by Laws 1973, chapter 611. 2. The summons and complaint shall be served upon the owner or the owner's agent at least five and not more than ten days before the time at which the complaint is to be heard. Service shall be by personal service upon the defendant pursuant to the Minnesota rules of civil procedure except that if such service cannot be made with due diligence, service may be made by affixing a copy of the summons and complaint prominently to the building involved, and mailing at the same time a copy of the summons and complaint by certified mail to the last known address of the defendant. 566.22 Answer 11 of 17 10/26/99 2:52 PM Landlord - Tenant Laws of Minnesota, Section 566 htt p:// tenant. net /Other_Areas/Minnesota/566.html At or before the time when the petition is to be heard, the defendant may answer in writing. Defenses not set out in a written answer must be orally pleaded at the hearing prior to the taking of any testimony. No delays in the date of hearing shall be granted to allow time to prepare a written answer or reply except with the consent of all parties. 566.23 Defenses It shall be a sufficient defense that: (a) The violation or violations alleged in the complaint do not in fact exist or that the violation or violations have been removed or remedied; or (b) The violations have been caused by the willful, malicious, negligent or irresponsible conduct of a complaining tenant or anyone under the tenant's direction or control; or (c) Any tenant of the building has unreasonably refused entry to the owner or the owner's agent to a portion of the premises for the purpose of correcting the violation, and the effort to correct was made in good faith. 566.24 Hearing When issues of fact are raised, they shall be tried by the court without a jury at the time when issue is joined. The court may grant a postponement of such trial on its own motion or at the request of any party if it should determine that such postponements are necessary to enable any party to procure necessary witnesses, or evidence, but each postponement shall be for no more than ten days except by consent of all appearing parties. 566.25 .Judgment Upon finding the complaint proved, the court may, in its discretion, do any or all of the following either alone of in combination: (a) Order the owner to remedy the violation of violations found by the court to exist if the court is satisfied that corrective action will be undertaken promptly; or (b) Order the tenant to remedy the violation or violations found by the coral, to exist and deduct the cost from the rent subject to the terms as the court determines to be just; or (c) Appoint an administrator with powers as set out in section 566.29, and (1) direct that rents due: (i) on and from the day of entry of judgment, in the case of petitioning tenants or neighborhood organizations, and (ii) on and from the day of service of the judgment on all other tenants and commercial tenants of the building, if any, shall be deposited with the administrator appointed by the court, and (2) direct that the administrator use the rents collected for the purpose of remedying the violations found to exist by the court paying the debt services, taxes and insurance, and providing the services necessary to the ordinary operation and maintenance of the building which the owner is obligated to provide but fails or refuses to provide; or (d) Find the extent to which any uncorrected violations impair the tenants' use and enjoyment of the premises contracted for and order the rent abated accordingly. Should the court choose to enter judgment under this paragraph the parties shall be informed and the court shall find the amount by which the rent shall be abated; (e) After termination of administration, continue the jurisdiction of the court over the building for a period of one year and order the owner to maintain the building in compliance with all applicable state, county, and city health, safety, housing, building, fire prevention, and housing maintenance codes; and (f) Grant any other relief the court deems just and proper, including a judgment against the owner for reasonable attorney fees, not to exceed $500, in the case of a prevailing tenant or neighborhood organization. The $500 limitation does not apply to awards made under section 549.21 or other specific statutory authority. 12 of 17 10/26/99 2:52 PM Landlord -Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other Areas/Minnesota/566.html 566.26 Service of Judgment A copy of the judgment shall be personally served on every tenant and commercial tenant of the building whose obligations will be affected by the judgment. If personal service cannot be had with due diligence service service may be had by posting a notice of the judgment on the entrance door of the tenant's dwelling or commercial tenant's unit and by mailing a copy of the judgment to such tenant or commercial tenant by certified mail. 566.27 Owner's Right To Collect Rent Suspended When an administrator has been appointed pursuant to section 566.25, clause (c), any right of the owner to rent moneys from the time of judgment or service of judgment as set out in section 566.21 shall be void and unenforceable until the administration is terminated. 566.28 Eviction Proceedings By Owner Limited A tenant may not be evicted, nor may the tenant's obligations under a rental agreement be increased nor the services decreased, if the eviction or increase of obligations or decrease of services is intended as a penalty for the tenant's or neighborhood organization's complaint of a violation. The burden or proving otherwise shall be on the owner if said eviction or increase of obligations or decrease of services occurs within 90 days after the filing of the complaint, unless it is found that the complaint was not made in good faith. After 90 days, the burden of proof shall be on the tenant. 566.29 Administrator 1. Administrator. The administrator may be a person, local government unit or agency, other than an owner of the building, the inspector, the complaintant tenant or any person living in the complaining tenant's dwelling unit. If a state of court agency is authorized by statute, ordinance or regulation to provide persons or neighborhood organizations to act as administrators under this section, the court may appoint such persons or neighborhood organizations as administrators to the extent they are available. 2. Posting bond. Such person or neighborhood organization shall post bond to the extent of the rents expected by the court to be necessary to be collected to correct the violation or violations. Administrators appointed from the governmental agencies shall not be required to give bond. 3. Expenses. The court may allow a reasonable amount for the services of administrators, and the expense of the administration from rent money, or upon termination of administration, may enter judgment against the owner in a reasonable amount for the services and expenses incurred by the administrator. 4. Powers. The administrator is authorized to: (a) collect rents from tenants and commercial tenants, evict tenants and commercial tenants for nonpayment of rent or other cause, enter into leases for vacant dwelling units, rent vacant commercial units with the consent of the owner and exercise all other powers necessary and appropriate to carry out the purposes of Laws 1973, chapter 611; (b) contract for the reasonable cost of materials, labor and services necessary to remedy the violation or violations found by the court to exist and for the rehabilitation of the property in order to maintain the safe and habitable conditions over the useful life of the property, and make disbursements for payment therefor from the funds available for the purpose; (c) provide any services to the tenants which the owner is obligated to provide but refuses or fails to provide, and pay for them from funds available for the purpose; (d) petition the court, after notice to the parties, for an order allowing the administrator to encumber the premises to secure funds to the extent necessary to cover the cost of materials, 13 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other_Areas/Minnesota/566.html labor, and services, including reasonable fees for the administrator's services, necessary to remedy the violation or violations found by the court to exist and for rehabilitation of the property, and to pay for them from funds derived from the encumbrance; and (e) petition the court, after notice to the parties, for an order allowing the administrator to receive funds made available for this purpose by the federal or state governing body or the municipality to the extent necessary to cover the cost of materials, labor, and services necessary to remedy the violation or violations found by the court to exist over the useful life of the property, and pay for them form funds derived from this source. The municipality shall recover disbursements by special assessment on the real estate affected, bearing interest at the rate determined by the municipality, not exceeding the rate established for finance charges for open -end credit sales under section 344.16, subdivision 1, clause (b), with the assessment, interest and any penalties to be collected the same as special assessments made for other purposes under state statute or municipal charter. 5. At any time during the administration the administrator, or any party, may petition the court after notice to all parties for an order terminating the administration on the ground that the funds available to the administrator are insufficient to effect the prompt remedy of the violations. Upon finding the petition proved the court shall terminate the administration and proceed to judgment pursuant to the provisions of section 566.25, clause (d). 6. Building repairs and services. The administrator must first contract and pay for building repairs and services necessary to keep the building habitable before other expenses may be paid. If sufficient funds are not available for paying other expenses, such as tax and mortgage payments, after paying for necessary repairs and services, the owner is responsible for the other expenses. 7. Administrator's liability. The administrator may not be held personally liable in the performance of duties under this section except for misfeasance, malfeasance, or nonfeasance of office. 8. Dwelling's economic viability. In considering whether to grant the administrator funds under subdivision 4, the court must consider factors relating to the long -term economic viability of the dwelling. The court's analysis must consider factors including the causes leading to the appointment of an administrator, the repairs necessary to bring the property into code compliance, the market value of the property, and whether present and future rents will be sufficient to cover the cost of repairs or rehabilitation. 566.291 Receivership Revolving Loan Fund The Minnesota housing finance agency may establish a revolving loan fund to pay the administrative expenses of receivership administrators under section 566.29 for properties for occupancy by low- and moderate - income persons or families. Property owners are responsible for repaying administrative expense payments made from the fund. 566.30 Removal of Administrator 1. The administrator may, upon notice to all parties, petition the court to be relieved of duties, setting further reasons therefor. The court may, in its discretion, grant such petition and discharge the administrator upon approval of the accounts. 2. Any party may, upon notice to the administrator and all other parties, petition the court to remove the administrator. Upon good cause shown, the court shall order the administrator removed and direct the administrator to deliver to the court forthwith an accounting of administration. The court may make any other order necessary and appropriate under the circumstances. 3. In the event the administrator is removed, the court shall appoint a new administrator in accordance with the provisions of section 566.29, giving all parties an opportunity to be heard on the matter of the appointment. 566.31 Termination of Administration 1. The administration shall be terminated upon the occurrence of one of the following: (a) The securing of certification from the appropriate governmental agency that the 14 of 17 10/26/99 2:52 PM Landlord -Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other_Areas/Minnesota/566.html violations found by the court to exist at the time of judgment have been remedied; or (b) An order pursuant to section 566.29, subdivision 5. 2. Upon the occurrence of any of the conditions for termination in subdivision 1, the administrator shall: (a) Submit to the court an accounting of receipts and disbursements of the administration together with copies of all bills, receipts and other memoranda pertaining to all transactions reflected therein, and, where appropriate, a certification, by an appropriate governmental agency, that the violations found by the court to exist at the time of judgment have been remedied; and (b) Comply with any other order the court shall make as a condition of discharge. 3. Upon approval by the court of the administrator's accounts and compliance by the administrator with any other order the court may make as a condition of discharge, the court shall discharge the administrator from any further responsibilities pursuant to Laws 1973, chapter 611. 566.32 Waiver Prohibited Any provision, whether oral or written, of any lease or other agreement whereby any provision of Laws 1973, chapter 611 is waived by a tenant shall be deemed contrary to public policy and void. 566.33 Purpose to Provide Additional Remedies The purpose of Laws 1973, chapter 611, is to provide additional remedies and nothing herein contained shall alter the ultimate financial liability of the owner or tenant for repairs of maintenance of the building. 566.34 Escrow of Rent to Remedy Violations 1. Definitions. The definitions in section 566.18 apply to this section. 2. Escrow of rent. If a violation exists in a building, a tenant may deposit the amount of rent due to the owner with the court administrator using the following procedure: (a) For a violation of section 566.18, subdivision 6, clause (a), the tenant may deposit with the court administrator the rent due the owner along with a copy of the written notice of the code violation as provided in section 566.19, subdivision 2. The tenant may not deposit the rent or file the written notice of the code violation until the time granted to make repairs has expired without satisfactory repairs being made, unless the tenant alleged that the time granted is excessive. (b) For a violation of section 566.18, subdivision 6, clause (b) or f), the tenant must give written notice to the owner specifying the violation. The notice must be delivered personally or sent to the person or place where rent is normally paid. If the violation is not corrected within 14 days, the tenant may deposit the amount of rent due to the owner with the court administrator along with an affidavit specifying the violation. The court must provide a simplified form affidavit for use under this clause. (c) The tenant need not deposit rent if none is due to the owner at the time the tenant otherwise files the notice required by this subdivision. All rent which thereafter becomes due to the owner prior to the hearing under this section must be deposited with the court administrator. As long as proceedings are pending under this section, the tenant must pay rent to the owner or as directed by the court and may not withhold rent to remedy a violation. 3. Counterclaim for possession. The owner may file a counterclaim for possession of the premises in cases where the owner alleges the tenant did not deposit the full amount of rent with the court administrator. The court must set the date for a hearing on the counterclaim not less than seven nor more than 14 days from the day of filing the counterclaim. If the rent escrow hearing and the hearing on the counterclaim for possession cannot be heard on the same day, the matters must be consolidated and heard on the date scheduled for the hearing on the counterclaim. The contents of the counterclaim for possession must meet the 15 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other_Areas/Minnesota/566.html requirements for a complain in unlawful detainer under section 566.05. The owner must serve the counterclaim as provided in section 566.06, except that the affidavits of service or mailing may be brought to the hearing rather than filed with the court before the hearing. The court must provide a simplified form for use under this section. 4. Defenses. The defenses provided in section 566.23 are defenses to an action brought under this section. 5. Filing fee. The court administrator may charge a filing fee in the amount set for complaints and counterclaims in conciliation court, subject to the filing of an inability to pay affidavit. 6. Notice of hearing. A hearing must be held within ten to 14 days of the day a tenant deposits rent with the court administrator. If the cost of remedying the violation, as estimated by the tenant, is within the jurisdictional limit for conciliation court, the court administrator shall notify the owner and the tenant of the time and place of the hearing by first class mail. The tenant must provide the court administrator with the owner's name and address. If the owner has disclosed a post office box as the owner's address under section 504.22, notice of the hearing may be mailed to the post office box. If the cost of remedying the violation, as estimated by the tenant, is above the jurisdictional limit for conciliation court, the tenant must serve the notice of hearing according to the Rules of Civil Procedure. The notice of hearing must specify the amount the tenant has deposited with the court administrator, and must inform the owner that possession of the premises will not be in issue at the hearing unless the owner files a counterclaim for possession or an action under section 566.01 to 566.17. 7. Hearing. The hearing shall be conducted by a court without a jury. A certified copy of an inspection report meets the requirements of rule 803(8) of the Rules of Evidence as an exception to the rule against heresay, and meets the requirements of rules 901 and 902 of the Rules of Evidence as to authentication. 8. Release of rent prior to hearing. If the tenant gives written notice to the court administrator that the violation has been remedied, the court administrator must release the rent to the owner and, unless the hearing has been consolidated with another action, must cancel the hearing. If the tenant and the owner enter into a written agreement signed by both parties apportioning the rent between them, the court administrator must release the rent in accordance with the written agrement and cancel the hearing. 9. Consolidation with unlawful detainer. Actions under this section and actions in unlawful detainer brought under sections 566.01 to 566.17 which involve the same parties must be consolidated and heard on the date scheduled for the unlawful detainer. 10. Judgment. (a) Upon finding that a violation exists, the court may, in its discretion, do any or all of the following: (1) order relief as provided in section 566.25, including retroactive rent abatement; (2) order that all or a portion of the rent in escrow be released for the purpose of remedying the violation; (3) order that rent be deposited with the court as it becomes due to the owner or abate future rent until the owner remedies the violation; or (4) impose fines as required in section 566.35. (b) When a proceeding under this section has been consolidated with a counterclaim for possession or an action in unlawful detainer under sections 566.01 to 566.17, and the owner prevails, the tenant may redeem the tenancy as provided in section 504.02. (c) When a proceeding under this section has been consolidated with a counterclaim for possession or an action under an unlawful detainer under sections 566.01 to 566.17 on the grounds of nonpayment, the court may not require the tenant to pay the owner's filing fee as a condition of retaining possession of the premises when the tenant has deposited with the court the full amount of money found by the court to be owed to the owner. 11. Release of rent after hearing. Upon finding, after a hearing on the matter has been held, that no violation exists in the building or that the tenant did not deposit the full amount of rent due with the court administrator, the court shall order the immediate release of the rent to the owner. Upon finding that a violation existed, but was remedied between the commencement of the action and the hearing, the court may order rent abatement and must release the rent to the parties accordingly. Any rent found to be owed to the tenant must be released to the tenant. 16 of 17 10/26/99 2:52 PM Landlord- Tenant Laws of Minnesota, Section 566 http: / /tenant. net /Other_Areas/Minnesota/566.html 12. Retaliation; waiver; rights as additional. The provisions of section 566.28 apply to proceedings under this section. The tenant rights under this section may not be waived or modified and tre in addition to and do not limit other rights or remedies which may be available to the tenant and owner, except as provided in subdivision 2. 566.35 Violations of Building Repair Orders 1. Noncompliance; fines. Upon finding an owner has willfully failed to comply with a court order to remedy a violation the court shall fine the owner according to the following schedule: (1) $250 for the first failure to comply; (2) $500 for the second failure to comply with an order regarding the same violation; and (3) $750 for the third and each subsequent failure to comply with an order regarding the same violation. 2. Criminal penalty.An owner who willfully fails to comply with a court order to remedy a violation is guilty of a gross misdemeanor if it is the third or subsequent time that the owner has willfully failed to comply with an order to remedy a violation within a three -year period. 17 of 17 10/26/99 2:52 PM Minnesota Landlord -Tenant Resources http: / /tenant.net/Other _Areas /Minnesota /resource.html Resource Directory of Minnesota Landlord- Tenant Law The following is a directory of resources that deal with Minnesota Landlord -Tenant law. If you would like to add your organization to this list or have a URL -link attached to your organization, please send an e -mail to michaelo@winternet.com or write to: Olen Publishing 1604 Dayton Ave. St. Paul, MN 55108 Private attorney's are invited to join the directory at no cost. Admission to the resource directory is at the sole discretion of Olen Publishing which reserves the right to delete any entry at any time for any reason. Minnesota Attorney General's Office NCL Tower, Suite 1400 445 Minnesota Street St. Paul, MN 55101 (612) 296 -3353 (voice) (612) 297 -7206 (TDD) 1- 800 - 657 -3787 (voice and TDD) Minneapolis Housing Service Office Room 11, City Hall Minneapolis, MN 55415 (612) 673-3003 (serves Minneapolis) Minnesota Multi Housing Association 8030 Old Cedar Avenue Bloomington, MN 55425 -1215 Landlord- Tenant Hotline: 927 -8600 HOME Line 33 10th Avenue South, Suite 150 Hopkins, MN 55343 (612) 933-0017 (serves suburban Hennepin County) St. Paul Housing Information Office 21 West Fourth Street St. Paul, MN 55102 (612) 266-6000 Community Stabilization Project 1 of 7 10/26/99 2:49 PM Minnesota Landlord- Tenant Resources http: // tenant. net / Other _Areas /Minnesota /resource.html 671B Selby Avenue St. Paul, MN 55104 (612) 225 -8778 (Provides tenant "organizing" and "technical assistance" to tenants or tenant groups in pressing tenant remedies actions) Housing Resource Center 2114 Park Avenue South Minneapolis, MN 55404 (612) 879-5247 Dispute Resolution Center 265 Oneida Street St. Paul, MN 55102 (612) 292-7791 (Serves Ramsey County and East Metro area) North Hennepin Mediation Project 3300 County Road 10, Suite 212 Brooklyn Center, MN 55429 (612) 561-0033 Mediation Services for Anoka County 2520 County Road 10, Suite 212 Brooklyn Center, MN 55429 (612) 422-8878 (Serves Anoka County) Minneapolis Mediation Program 2429 Nicollet Avenue South Minneapolis, MN 55404 (612) 871-0639 (Serves Minneapolis) West Suburban Mediation Center 1011 First Street South, #200 Hopkins, MN 55343 -9477 (612) 933 -0005 (Serves westem and southern suburbs) • Alternative Dispute Resolution Services Olmsted Community Action Program 1421 S.E. Third Avenue 2 of 7 10/26/99 2:49 PM Minnesota Landlord -Tenant Resources http: // tenant. net / Other _Areas /Minnesota /resource.html Rochester, MN 55904 -7947 (612) 287 -2249 Minnesota Multi - Housing Association 8030 Old Cedar Avenue, Suite 202 Bloomington, MN 55425 (612) 858-8222 Rochester Apartment Association P.O. Box 576 Rochester, MN 55903 Attn: Jack D. Lane (507) 285 -1976 St. Cloud Multi- Housing Association P.O. Box 1201 St. Cloud, MN 56302 Minnesota Tenants Union 1513 Franklin Avenue East Minneapolis, MN 55404 (612) 871-7485 1- 976 -8888 (Note: you pay for this service. The cost is $1.25 for the first minute, and .99¢ each minute after that. St. Paul Tenants Union 500 Laurel Ave. St. Paul, MN 55102 (612) 221-0501 Duluth Tenants Union 206 West Fourth Street, Room 212 Duluth, MN 55806 (218) 722-6525 Legal Assistance of Olmsted County 903 West Center Street Rochester, MN 55902 (507) 287 -2035 (serves suburban Hennepin County) 3 of 7 10/26/99 2:49 PM Minnesota Landlord- Tenant Resources http: //tenant. net / Other _Areas /Minnesota /resource.html Southern Minnesota Regional Legal Services Administrative Office 700 Minnesota Building 46 East Fourth Street St. Paul, MN 55101 (612) 228 -9823 Local Offices St. Paul 300 Minnesota Building 46 East Fourth Street St. Paul, MN 55101 (612) 228 -5863 (voice and TDD) 1- 800 - 326 -1754 (Serves Ramsey and Washington counties) East Side and Native American Outreach 965 Payne Avenue, Suite 106 St. Paul, MN 55101 (612) 771 -4455 Immigration Reform Project 179 East Robie Street St. Paul, MN 55107 (612) 291-0110 1- 800 - 223 -1368 Albert Lea 132 N. Broadway Albert Lea, MN 56007 (507) 377 -2831 1- 800 - 223 -0280 (Serves Fairbault, Freeborn, Mower, Rice and Steele counties) Mankato 1302 S. Riverfront Drive P.O. Box 3304 Mankato, MN 56002 -3304 1- 800 - 247 -2299 (507) 388 -8462 (TDD) (Serves Blue Earth, Brown, Martin, McLeod, Nicollet, LeSueur, Sibley, Waseca and Watonwan counties) Prior Lake 16174 Main Avenue (612) 440 -1040 (Serves Carver, Dakota and Scott counties) Winona P.O. Box 1266 Winona, MN 55987 (507) 454 -6660 (voice and TDD) 1- 800 - 372 -8168 (voice and TDD) (Serves Dodge, Fillmore, Goodhue, Houston, Olmsted, Wabasha and Winona counties) Worthington 926 Fifth Avenue Worthington, MN 56187 (507) 372-7368 I- 800 - 233 -0023 (Serves Cottonwood, Jackson, Murray, Nobles, Pipestone, Redwood and Rock counties) 4 of 7 10/26/99 2:49 PM Minnesota Landlord -Tenant Resources http: // tenant. net / Other _Areas /Minnesota /resource.html Legal Aid Society of Minneapolis Downtown 430 First Avenue North, Suite 300 Minneapolis, MN 55401 -1780 (612) 332-1441 (612) 332 -4668 (TDD) (Serves Hennepin County) Northside 2507 Fremont Avenue North Minneapolis, MN 55411 (612) 588 -2099 (612) 522 -7166 (TDD) (Serves North and Northeast Minneapolis) Southside 2929 Fourth Avenue South Minneapolis, MN 55408 (612) 827 -3774 (612) 827 -1491 (TDD) (Serves South Minneapolis) Mid - Minnesota Legal Assistance Cambridge East Central Legal Service 1567 East Highway 95 East Side Plaza, East Highway 95 Cambridge, MN 55008 (612) 689 -2849 (612) 427-4613 1- 800 - 622 -7772 (Serves Chisago and Isanti counties: also serves senior citizens in Anoka, Kanabec, Mille Lacs and Pine counties) St. Cloud St. Cloud Area Legal Services 830 West St. Germain, Suite 300 St. Cloud, MN 56302 (612) 253-0121 1- 800 - 622 -7773 (voice and TDD) (Serves Benton, Mille Lacs, Morrison, Sherburne, Stearns, Todd and Wright counties) Willmar 620 Litchfield Avenue S.W., Suite 101 Willmar, MN 56201 -3246 (612) 235-9600 (612) 235 -9602 (TDD) 1- 800 - 622 -4011 (Serves Big Stone, Chippewa, Kandiyohi, Lac Qui Parle, Lincoln, Lyon, Meeker, Renville, Swift and Yellow Medicine counties) Legal Aid Service of Northeastern Minnesota Administrative Office Duluth 424 West Superior Street, Suite 302 Duluth, MN 55802 5 of 7 10/26/99 2:49 PM Minnesota Landlord- Tenant Resources http: / /tenant.net/Ot her _Areas /Minnesota /resource.html (218) 726 -4800 (218) 7264808 (TDD) 1- 800 - 622 -7266 (Serves Carlton, Cook, Kanabec, Koochiching, Lake, Pine and southern St. Louis counties) Local Offices Brainerd 222 Laurel Street Brainerd, MN 56401 (218) 829 -1701 (voice and TDD) 1- 800 - 933 -1112 (Serves Aitkin, Cass, and Crow Wing counties) Grand Rapids 200 First Avenue N.W. Grand Rapids, MN 55744 (218) 326 -6695 (voice and TDD) (Serves Kanabeca and Pine counties) Pine City 235 South Sixth Street Pine City, MN 55063 (612) 629 -7166 (voice and TDD) (Serves Kanabec and Pine counties) Virginia Olcott Plaza 820 North Ninth Street, Suite 150 Virginia, MN 55792 (218) 749 -3270 (voice and TDD) (Serves northern St. Louis County) Legal Services of Northwest Minnesota Alexandria Legal Services 700 Cedar Street, Suite 44 Alexandria, MN 56308 (612) 762-0663 1- 800 - 450 -2552 (Serves Douglas, Grant, Otter Tail [seniors only], Pope, Stevens, Traverse, Wadena and Wilkin [seniors only] counties) Anishinabe Legal Services Box 157 Cass Lake, MN 55633 (218) 335 -2223 1- 800422 -1335 (Serves Native - American and non Native - American residents of Leech Lake, Red Lake, and White Earth Reservations) Bemidji 403 Fourth Street N.W., Suite 235 P.O. Box 1883 Bemidji, MN 56601 (218) 751-9201 1- 800450 -9201 (Serves Beltrami, Clearwater, Hubbard, Lake of the Woods, and Mahnomen counties) Moorhead 403 Center Avenue, Suite 403 P.O. Box 714 Moorhead, MN 56560 (218) 233-8585 6 of 7 10/26/99 2:49 PM f - Minnesota Landlord- Tenant Resources htt p:// tenant. net / Other _Areas /Minnesota/resource.html w - 1- 800 - 450 -8585 (Serves Becker, Clay, Kittson, Marshall, Norman, Otter Tail, Pennington, Polk, Red Lake, Roseau, and Wilkin counties) Judicare of Anoka County 1201 89th Avenue N.E., Suite 310 Anoka, MN 55434 (612)783 -4970 7 of 7 10/26/99 2:49 PM Memorandum To: Honorable Mayor and Council From: Jim March, City Administrato& Date: 11/05/99 Subject: Council Chambers Rental Policy — For - profit Organizations At the last meeting, Council received a request from Mr. Todd Hassel to use the City's Council Chambers for an investment seminar. Council directed staff to prepare a rental policy to rent the Council Chambers to "for- profit" organizations. If Council desires to implement this policy, they should pass a motion adopting the policy. CITY OF CENTERVILLE CITY HALL COUNCIL CHAMBER RENTAL POLICY City - owned buildings are in fact owned by the citizens of the community in trust to the City Council and City Staff. Therefore, citizens should be permitted and encouraged to use these facilities to assure that rooms are available in an orderly fashion and neat condition. The following policies and regulations are hereby promulgated: General Conditions Groups Users of the facilities are classified into the following three categories: 1. City Council and other official boards and commissions of the City of Centerville, Anoka County groups and the Anoka County Library System. 2. Quasi - public groups which exist primarily to serve a broad community interest. Examples of such groups include, but are not limited to: • Political Parties • Chamber of Commerce • Hockey Association • Rice Creek Trails • Boy Scouts 3. Private, profit making organizations and those non -profit making organizations whose activities nevertheless generate monies for the financial enrichment of members. In those cases where it is not clear under which category a group falls, the City Administrator shall make the determination. Facilities Available • City Council Chambers Procedures A. Scheduling Scheduling (reservation) of the rooms will be done by the Administrative Secretary using the forms provided. A preliminary reservation can be taken over the phone, but the reservation is to be confirmed only when the signed agreement form is received. Reservations will be accepted up to sixty days in advance. Users are required to sign an agreement and waiver form for the room at least one day prior to the scheduled meeting, including payment of fee. B. Keys An exterior door key may be signed out to the groups representative. Such keys shall be deposited in the utility drop box after the meeting unless prior arrangements have been made for its return. C. Maintenance It is expected that the City will provide normal routine clean-up and other maintenance services. However, there may be times when one group will be meeting immediately after another when maintenance employees are not available. Therefore, each group will be responsible for seeing that the facility is in approximately the same condition when leaving as when entering. Any damage to the facility or equipment should be reported to the Police Department or scheduling secretary at the first opportunity. D. Restrictions • Alcoholic beverages are not permitted. • No smoking is allowed in any of the meeting rooms. • No cooking is permitted. Food and beverages are limited to coffee, similar drinks and light refreshments. • Activities inappropriate to the location or capacity of a facility will not be permitted. The City Administrator retains discretion to make such decisions. E. Priorities Generally, reservations are made on a first - come/first serve basis. However, it is recognized that all groups do not schedule their meetings as far in advance as other, and unforeseen events will often require special meetings. Therefore, Group 1 organizations will have a priority over all others, and Group 2 priority over Group 3. Within classification groups, an organization with regularly established meeting times will have priority over those who do not meet on a regular schedule. F. Room Fees Group 1 Organizations No fees Group 2 Organizations A voluntary donation of $10 per meeting is requested Group 3 Organizations $25 per hour with a two hour minimum G. Key Fee For Group 2 and 3 Organizations a $20.00 key fee is required. This fee will be refunded after the key is returned to the City. All fees are used to recover direct cost, such as custodial, maintenance and utilities. An additional charge may be made for damaged equipment. Fees are to be paid at time of reservation. Fees will be refunded only if booking is cancelled twenty four hours in advance of scheduled use. Application/Agreement for use of Centerville City Hall Council Chambers Purpose for which facility will be used Hours of use from: to: Date: Organization Mailing Address City Zip Code Phone Contact Person Contact Person Home Phone: Business Phone: The above applicant, its agents, employees and members: 1. Agree to indemnify, defend and hold the City harmless from and against any damage, liability or claim of any person or entity for injury to person or property or death arising in any way out of the use of the facility by the applicant, his or its officers, directors, guests, members, employees, agents or assignees. 2. Agree the City shall not be liable for damage to the property of any person or entity participating in the activities applied for herein, nor shall it be liable for the death or injury of any such person or entity occurring as a result of the use of the facilities as applied for herein. 3. Agree to pay for all damages to City property or equipment over and above normal wear and tear. 4. Assumes full responsibility for the conduct of the group during the time this facility is being used. 5. Understands that the City of Centerville reserves the right to exercise the supervisory authority and to prevent unauthorized or illegal activities on City property. 6. Agrees not serve alcoholic beverages on City property. 7. Agrees to leave the premises in substantially the same condition as they were upon arrival. 8. Understands the City Centerville reserves the right to cancel this agreement in the event of emergency or of conflicting use. I (we) have reviewed the fees, ordinances, rules, regulations, and policies, in particular the "City Hall Meeting Room Use Policy", which pertain to and govern the use for which this application is made. Applicant: By: Its: Date: FOR OFFICE USE ONLY Date Received: Reservation Fee: Received Not Applicable Key Fee: Received Application approved: City of Centerville by: City Title/Position: Memorandum To: Honorable Mayor and Council From: Jim March, City Administrator Date: 11/05/99 Subject: Tri-City Police Joint Powers Agreement At the October 13 meeting Council discussed the Tri-City Police Joint Powers Agreement. Council tabled this agreement for further discussion, minor changes to be made to the agreement and possible approval at the November 10 meeting. Remember to bring your copy of the agreement distributed at the last meeting. Memorandum To: Honorable Mayor and Council From: Jim March, City Administrator Date: 11/05/99 Subject: St. Paul Water Utility Surplus Property — Peltier Lake Flowage At our October 13 meeting, Council discussed the retaining of a parcel of surplus property owned by the St. Paul Water Utility known as the Peltier Lake Flowage. Council referred the matter to the Park and Recreation Committee for their recommendation on the City retaining this property for park purposes. A motion was passed by the Park and Recreation Committee recommending that the City does not retain this property for park purposes. If Council accepts the Park and Recreation recommendation, I will draft a letter to St. Paul Water Utility to inform them of Council's wishes. MEMO DATE : November 5, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Public Works Site - Request for Proposals Included in your packet is a draft of a possible request for proposals that could be used in relation to the public works site. This item is on the agenda to solicit feedback from Council. SALE AND REDEVELOPMENT OF PUBLIC WORKS SITE REQUEST FOR PROPOSALS The City of Centerville is seeking proposals for the sale and redevelopment of a tract of land in the City of Centerville, known as Public Works property: Parcel No. Description 23.31.22.23.0005 Lots 1, 2 & 3, Block 7 (except westerly 50 feet) City of Centerville 23.31.22.23.0006 Westerly 50 feet of Lots 1, 2, & 3, Block 7, City of Centerville 23.31.22.23.0007 Lot 4, Block 7 City of Centerville 23.31.22.23.0009 The W 50 ft of Lots 5 & 6, Block 7, Centerville 23.31.22.23.0010 Lot 7, Block 7, City of Centerville 23.31.22.23.0014 Lot 14, Block 7, City of Centerville This property is currently zoned PI — Public and therefore, must be rezoned for other uses. I. Proposal Deadline Proposals must be placed in first class or expedited mail postmarked or received at City of Centerville Offices, 1880 Main Street, Centerville, MN 55038 to the attention ofJim March, Centerville City Administrator, no later than * * * * * *. Late proposals or faxed proposals will not be accepted. Ten (10) copies of the proposal must be provided. II. Minimum Requirements Proposals that do not include the minimum requirements will not be accepted. A proposal must include the following: 1. An offer to purchase the Public Works Property, with a arittinxsn purchase of $ * * * *. , 2. Any terms or financing contingencies on the purchase price. - w 3. Representations and warranties that the proposed purchaser will demolish at their cost the Public Works building on the site within six (6) months of closing in compliance with all 4r a _ ' applicable state and federal laws and city ordinances, including but not limited to, using p 2r' state qualified or certified (as the case may be) contractors to remove or remedy all VP" environmental hazards identified. 4. Assurance of the financial ability of the purchaser to fulfill the representations and warranties set forth in paragraph 3 in the form of performance bond or letter of credit in 1 an amount sufficient to perform the demolition of the building in accordance with paragraph 3 above. The City of Centerville has received preliminary estimates for the cost of the demolition of the building in the range of $ * * ** to $ * * * *. 5. Agreement to the terms of the sale providing the City of Centerville with choice of remedies in the event the purchaser fails to meet the obligations of the contract including the representations and warranties and the proposed purchaser's development plan. The choice of remedies shall include a right to specific performance and a right of reversion, in addition to damages. 6. The proposed time table for the proposed development/use of the site. 7. Assurance of commitment to cooperate with the City of Centerville planning process. 8. The proposed development/use of the site, including any zoning requirements, financial incentives or tax increment financing requests, and any other information which would be necessary for consideration of the proposal under the criteria set forth in this request for proposal. 9. The proposal must be signed by a representative or officer of the proposed purchaser who has the authority ( to bind the proposed purchaser to a contract with the City of Centerville. 10. Ce /i ti ;. e-P tit ri pen( ieen (sai �A' L 1 I i /I � /prwi ��iM � Le_ �•ti /7� Wi 4S T w. 44 III. Criteria for Consideration "'" k`+ Vat Proposals will be reviewed by tl* a committe' The committee will review proposals and may ask to interview some or all of the prospective purchasers. Proposals will be evaluated by the Committee based on the following criteria: 1. Proposals must meet the minimum requirements set forth above. 2. Proposals will be evaluated based upon the following factors: Financial Plan: The review of the financial plan shall include, but is not limited to: • the purchase price; • financing of purchase and proposed use; • requests for governmental assistance or tax increment financing; • creation of tax base; • the prospective purchaser's financial ability to complete the project; • and contingencies on the proposed development. .fr j ef i r 2 Benefit to the Community: The review of the benefit to the community shall include, but is not limited to: • aesthetic characteristics and use of green space; • impact on area streets and traffic pattern' • generation of business traffic and opportunities; and • consistency with current and planned land use patterns. • conformance with the Design Team's concept for a historically designed building, using brick and glass( uh[•Markti Commitment to Cooperate with City of Centerville: The review of the commitment to cooperate with the City of Centerville shall include, but is not limited to: • Zoning, conditional use permits, or other permit requests; • a narrative description of the proposed purchaser's commitment to work with the City of Centerville and the Centerville Planning Commission in the development/use of the site and to meet city standards. Time Table for Closing and Completion of the Project: The review of the time table for closing and completion of the project shall include, but is not limited to: • the projected closing date, and • the plan for the demise of the building in accordance with the requirements set forth above and a plan for the development/use of the site. • If the site will not be developed immediately following the demise of the buildings, the plan must include a description of how the site will be maintained in the interim between the demise of tl1buildings and development of the site. • Higher consideration may be given for proposals that include a time table for a reasonably prompt completion oftlf roject. 3. The Committee shall give equal and highest weighting to factors considered under the Financial Plan and the Benefit to the Community. IV. Special Assessments and Public Improvements The successful purchaser shall be responsible for payment of all special assessments and public improvements levied against the property. V. Development Agreement The successful purchaser shall enter into an agreement with the city of Centerville for "purchase and development of the Public Works Property which is consistent with the terms of this request for proposal and the successful proposal. 3 • VI. Cost of Proposal The prospective purchaser shall be responsible for all costs associated with the preparation and submission of the proposal. The City of Centerville assumes no responsibility for expenses incurred in tlfreparation of proposals. VIII. Reservation of Rights The City of Centerville reserves the right to reject any and all proposals. The City of Centerville also reserves the right to: • request clarification of any information submitted; and • negotiate with the firm submitting the proposal recommended by the Committee to secure more favorable terms and conditions. Any questions relating to the information to be included in the proposal should be forwarded to: Jim March City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 (651) 429 -3232 4 Time Table and Plan for Soliciting Proposals 1 * * * * * ** Request approval by the City Council of the City of Centerville of the request for proposal and the review and consideration of the request by the City of Centerville City Council. 2 * * * * *** _ * * * * * * ** Publicize Request for Proposal. Publish twice in the Quad Community Press, St. Paul Pioneer Press, Minneapolis Star Tribune. Mail or fax to Anoka County Housing and Redevelopment Authority, local chambers of commerce, local and regional developers, business brokers, financial institutions, real estate agents, and other identified contacts. 3. * * * * * * ** Proposals are due. During January, the proposals will be reviewed by members of the Committee and the Committee will meet to make a recommendation. The Committee may or may not decide to interview or request additional information of any prospective purchasers. 4. * * * * * ** The Committee will present its recommendation for the sale of the Public Works Property at the first regular meeting of the City Council in February. 5 E w v n ° W c p - ▪ a m ° c rn 0) � ` Eo8� al a) op Y. ▪ OM > . 0 C G N F- Y N a C o J O) o N J w C y U co Q a 0 m =o w0 It FC an t 0 J 00 0 m d C/3 CO Dm Cl) 0 0 00 Q 5 a Z' o �= /l\ C.) 6' 0 0 0 0 0 0 _ 0 0 0 0 0 0 0 0 0 Z U CO U ; co 5 fl W U N O M > • • • 0 N • • • • . ■ 0 co 0 — u3 43 Q 0 ■ — c ■— w La 2 O XI d d .' ■� F 3' m ��//�� c o w+ 1, c o in U d r od Cl) c 0 U C [J C Y n1 c �/� O C O > V 7 0 M N l 6 .y. V) f0 C E O O N E X 17 Om )1- o U J U = U J w V c c W O. H co `J i 0 i 3' m4U0 a WO F o (0) U U a z o 00 to coa LO r(0 LO ) Co; H m Q U it O(0 O D N M O V OolN OD W > O O CO CO 10 'Cr CO (0 V CO n Z 0 L N. N 00 OS NI v v Q•• Q O M uO M v Mu�vm o) 0 v, 63 a a w Q 0 c ✓ c ° N • ■ u ` 0 A mow _ cc n J N ;3 -c c f E u 0 _� N.° co M C /A� a N o J O c N m p O o 11 co o O m 0 W 0a Up U U y x� c U 03 as 1.6 O - 0 p Y E i" U O Ch w O V1 V1 Y N O O. d Q G I 3_ _ p J m c a m H w? .. C w ■ r J CO d CO D CO k W o0 00 000 F Q 0 0 v ) a D Z o N 3 . 1JOrnFD QJo 3LLa • _ mom Y 00 00 000 0 Z 0 NCO NO ��OD s 0 4 CO o CD to V3 Q 0 0 1. w n CD z L D 2 ca N V _ c Y c • d p Z¢ - ° U E U ` o �) N E n a > > c a > Y m W IA p J 0 C y N OS t' l0 .+ N c 0) U o H m 'm � a N o �' O C 'O c E � U G c co Q `� ) (W7U -Q d W m g m a o J W° 1_ p Q� `o o e J -I 03 0- CO CO C7 u- •m CO N Z 3 a 'a (7 0 0 0 000 0 1- � ›J W Q CDJJ 4 u) 4 00 00 00 0 ° > W O O 0 0 0 0 0 ° Q ci N N ° O > Q LO a) a N 0 CO (A W M 4 0 z c 1� e / vide 1880 Main Street • Centerville, MN 55038 Established jg�7 (651) 429 -3232 • Fait (651) 429 -8629 COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION 99 -18 RESOLUTION FOR ABATEMENT OF SPECIAL ASSESSMENTS (PARKVIEW ADDITION) WHEREAS, the City Council of the City of Centerville authorized the Parkview Addition Improvements; and WHEREAS, property/development petitioned for the stated improvement be financed in accordance with Minnesota Status 429; and WHEREAS, the City of Centerville gave proper notification of such; and WHEREAS, $615,000 was assessed to benefitted properties based upon square foot; and WHEREAS, $12,389.99 was placed on property legally identified as 23- 31 -22 -31 -0070; and WHEREAS, the stated property owner known as Rick Carlson (Parkview of Centerville, Inc.) paid to the City of Centerville $12,389.99; and WHEREAS, Anoka County Property Tax Division has acknowledged and certified $2,025.70 to 1999 property tax. WHEREAS, the stated property owner known as Rick Carlson (Parkview of Centerville, Inc.) has paid to Anoka County $1,012.85 of the 1999 certified amount; and WHEREAS, the City of Centerville has reimbursed stated property owner known as Rick Carlson (Parkview of Centerville) $1,012.85 and should be refunded same by Anoka County; and WHEREAS, the Council has directed the Deputy Clerk/Treasurer to make a request of Anoka County to abate Parkview Addition assessment improvements from the property legally known as 23- 31- 22 -31- 0070 (1999- 2008). NOW THEREFORE BE IT RESOLVED, that on November 10, 1999 the Centerville City Council authorized Anoka County to abate Parkview Addition assessment improvements from property legally known as 23- 31 -22 -31 -0070. Adopted by the City Council of the City of Centerville this 10 day of November, 1999 Tom Wilharber, Mayor ATTEST: Diane Ward, City Clerk terviffe 1880 Main Street • Centervi[!e, Mai 55038 Established 1857 (651) 429 -3232 • Fax (651) 429 -8629 October 15, 1999 Mr. Richard Carlson, President Parkview of Centerville, Inc. 7671 Old Central Avenue Fridley, MN 55432 RE: 6990 Meadow Court or Parcel R23 31 22 31 0070 Assessment fund number 82840 Dear Mr. Carlson: This letter is to confirm that all outstanding assessments on the above mentioned property have been paid in full. However, Anoka County Property Tax Division continues to recognize the special assessments in the amount of $12,389.99 with the payments commencing in 1999. It was brought to my attention by Lucy (Registered Abstracters, Inc.) on October 12, 1999 that previously the City refunded Parkview of Centerville, Inc. $1,012.85 (Check #013663 - 7/18/99) for the ls` half 1999 special assessments paid. Lucy also informed me that you anticipated closing on the property shortly and that 2 " half 1999 taxes would be due shortly. I in turn contacted Sue (Anoka County) in an attempt to rectify this matter and was informed of the proper procedures that needed to be taken by the City to do so. The City must pass a resolution for abatement of the special assessments and forward the appropriate documentation to the County. The City intends to place this item on its October 27, 1999 Agenda for adoption. Sue instructed me to have the current owner (you) /prospective owner (Mr. & Mrs. Hassel) pay only the 2n half of property tax payable in 1999 ($45.80) not the special assessments. She also warned of the potential that you, Mr. & Mrs. Hassel, or both could receive a letter from the County stating that $1,012.85 was delinquent. Mrs. Hassel came to City Hall this morning questioning the special assessments and notifying the City that she had paid $45.80 to the County today and expressed her concern that they may owe addition taxes. I informed Mrs. Hassel of the procedures that the City would be following to abate the special assessments and stated that I would forward all correspondence and related documentation to Lucy (Registered Abstracters, Inc.) and that she would forward same accordingly. I also notified Mrs. Hassel as to the anticipated delinquent tax letter from the County. I will also continue to keep you apprised of the process. Once again, we apologize for any inconvenience this may have caused you. If you have any further questions regarding this matter, please feel free to contact me. Sincerely, ` _ ._.._. _ /. u.�a.ca.J .�,GCC.0 Teresa D. Bender Deputy Clerk/Treasurer cc: Lucy (Registered Abstracters, Inc.) ,cue (Anoka County Property Tax Division) Jim March, City Administrator e tervilte 1880 Mann Street • Centerville, `MN 55038 Established 1857 (651) 429 • Fat (651) 429 July 20, 1999 Mr. Richard Carlson, President Parkview of Centerville, Inc. 7671 Old Central Avenue Fridley, MN 55432 RE: 6990 Meadow Court or Parcel R23 31 22 31 0070 Assessment fund number 82840 Dear Mr. Carlson: This letter is to confirm our telephone conversation regarding the paid status of an assessment for the above- mentioned property. The City is in receipt of check number 1015 in the amount of $12,389.99 dated November 13, 1998 which was to pay the assessment balance on the same property. According to Anoka County Statement of Property Taxes payable in 1999 an amount of $1,012.85 was paid May 13, 1999 by your company on the property in question. Since this assessment was paid in full and should not have been certified to Anoka County, the City will refund your company, accordingly. We apologize for any inconvenience this may have caused you. If you have any questions on this assessment or the assessment role as defined by the above property identification number, please do' not hesitate to contact me. Thank you for your understanding and patience in this matter. As always, it is a pleasure to work with you and your staff. Sincerely, Ry -Chel Gaustad, CMC City Clerk cc: Jim March, City Administrator Teresa Bender, Deputy Clerk/Treasurer MEMO DATE : November 5, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Public Works Site - Request for Proposals ******************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Included in your packet is a draft of a possible request for proposals that could be used in relation to the public works site. This item is on the agenda to solicit feedback from Council. SALE AND REDEVELOPMENT OF PUBLIC WORKS SITE REQUEST FOR PROPOSALS The City of Centerville is seeking proposals for the sale and redevelopment of a tract of land in the City of Centerville, known as Public Works property: Parcel No. Description 23.31.22.23.0005 Lots 1, 2 & 3, Block 7 (except westerly 50 feet) City of Centerville 23.31.22.23.0006 Westerly 50 feet of Lots 1, 2, & 3, Block 7, City of Centerville 23.31.22.23.0007 Lot 4, Block 7 City of Centerville 23.31.22.23.0009 The W 50 ft of Lots 5 & 6, Block 7, Centerville 23.31.22.23.0010 Lot 7, Block 7, City of Centerville 23.31.22.23.0014 Lot 14, Block 7, City of Centerville This property is currently zoned P1 — Public and therefore, must be rezoned for other uses. I. Proposal Deadline Proposals must be placed in first class or expedited mail postmarked or received at City of Centerville Offices, 1880 Main Street, Centerville, MN 55038 to the attention of Jim March, Centerville City Administrator, no later than * * * * *. Late proposals or faxed proposals will not be accepted. Ten (10) copies of the proposal must be provided. II. Minimum Requirements Proposals that do not include the minimum requirements will not be accepted. A proposal must include the following: 1. An offer to purchase the Public Works Property, with a minimum purchase of $ * * * *. 2. Any terms or financing contingencies on the purchase price. 3. Representations and warranties that the proposed purchaser will demolish at their cost the Public Works building on the site within six (6) months of closing in compliance with all applicable state and federal laws and city ordinances, including but not limited to, using state qualified or certified (as the case may be) contractors to remove or remedy all environmental hazards identified. 4. Assurance of the financial ability of the purchaser to fulfill the representations and warranties set forth in paragraph 3 in the form of performance bond or letter of credit in 1 an amount sufficient to perform the demolition of the building in accordance with paragraph 3 above. The City of Centerville has received preliminary estimates for the cost of the demolition of the building in the range of $**** to $ * * * *. 5. Agreement to the terms of the sale providing the City of Centerville with choice of remedies in the event the purchaser fails to meet the obligations of the contract including the representations and warranties and the proposed purchaser's development plan. The choice of remedies shall include a right to specific performance and a right of reversion, in addition to damages. 6. The proposed time table for the proposed development/use of the site. 7. Assurance of commitment to cooperate with the City of Centerville planning process. 8. The proposed development/use of the site, including any zoning requirements, financial incentives or tax increment financing requests, and any other information which would be necessary for consideration of the proposal under the criteria set forth in this request for proposal. 9. The proposal must be signed by a representative or officer of the proposed purchaser who has the authority to bind the proposed purchaser to a contract with the City of Centerville. III. Criteria for Consideration Proposals will be reviewed by the a committe. The committee will review proposals and may ask to interview some or all of the prospective purchasers. Proposals will be evaluated by the Committee based on the following criteria: 1. Proposals must meet the minimum requirements set forth above. 2. Proposals will be evaluated based upon the following factors: Financial Plan: The review of the financial plan shall include, but is not limited to: • the purchase price; • financing of purchase and proposed use; • requests for governmental assistance or tax increment financing; • creation of tax base; • the prospective purchaser's financial ability to complete the project; • and contingencies on the proposed development. 2 Benefit to the Community: The review of the benefit to the community shall include, but is not limited to: • aesthetic characteristics and use of green space; • impact on area streets and traffic pattern; • generation of business traffic and opportunities; and • consistency with current and planned land use patterns. • conformance with the Design Team's concept for a historically designed building, using brick and glass. Commitment to Cooperate with City of Centerville: The review of the commitment to cooperate with the City of Centerville shall include, but is not limited to: • Zoning, conditional use permits, or other permit requests; • a narrative description of the proposed purchaser's commitment to work with the City of Centerville and the Centerville Planning Commission in the development/use of the site and to meet city standards. Time Table for Closing and Completion of the Project: The review of the time table for closing and completion of the project shall include, but is not limited to: • the projected closing date, and • the plan for the demise of the building in accordance with the requirements set forth above and a plan for the development/use of the site. • If the site will not be developed immediately following the demise of the buildings, the plan must include a description of how the site will be maintained in the interim between the demise of th buildings and development of the site. • Higher consideration may be given for proposals that include a time table for a reasonably prompt completion of th project. 3. The Committee shall give equal and highest weighting to factors considered under the Financial Plan and the Benefit to the Community. IV. Special Assessments and Public Improvements The successful purchaser shall be responsible for payment of all special assessments and public improvements levied against the property. V. Development Agreement The successful purchaser shall enter into an agreement with the city of Centerville for th purchase and development of the Public Works Property which is consistent with the terms of this request for proposal and the successful proposal. 3 VI. Cost of Proposal The prospective purchaser shall be responsible for all costs associated with the preparation and submission of the proposal. The City of Centerville assumes no responsibility for expenses incurred in th preparation of proposals. VIII. Reservation of Rights The City of Centerville reserves the right to reject any and all proposals. The City of Centerville also reserves the right to: • request clarification of any information submitted; and • negotiate with the firm submitting the proposal recommended by the Committee to secure more favorable terms and conditions. Any questions relating to the information to be included in the proposal should be forwarded to: Jim March City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 (651) 429 -3232 4 r • Time Table and Plan for Soliciting Proposals 1 * * * * * ** Request approval by the City Council of the City of Centerville of the request for proposal and the review and consideration of the request by the City of Centerville City Council. 2 * * * * * ** _ * * * * * * ** Publicize Request for Proposal. Publish twice in the Quad Community Press, St. Paul Pioneer Press, Minneapolis Star Tribune. Mail or fax to Anoka County Housing and Redevelopment Authority, local chambers of commerce, local and regional developers, business brokers, financial institutions, real estate agents, and other identified contacts. 3 ******** Proposals are due. During January, the proposals will be reviewed by members of the Committee and the Committee will meet to make a recommendation. The Committee may or may not decide to interview or request additional information of any prospective purchasers. 4. ******* The Committee will present its recommendation for the sale of the Public Works Property at the first regular meeting of the City Council in February. 5 ' ° terviCCe 1880 Main Street •Centerville, MN 55038 ''stab[isked 1857 (651) 429 -3232 • fax (651) 429 -8629 COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION 99 -18 RESOLUTION FOR ABATEMENT OF SPECIAL ASSESSMENTS (PARKVIEW ADDITION) WHEREAS, the City Council of the City of Centerville authorized the Parkview Addition Improvements; and WHEREAS, property /development petitioned for the stated improvement be financed in accordance with Minnesota Status 429; and WHEREAS, the City of Centerville gave proper notification of such; and WHEREAS, $615,000 was assessed to benefitted properties based upon square foot; and WHEREAS, $12,389.99 was placed on property legally identified as 23- 31 -22 -31 -0070; and WHEREAS, the stated property owner known as Rick Carlson (Parkview of Centerville, Inc.) paid to the City of Centerville $12,389.99; and WHEREAS, Anoka County Property Tax Division has acknowledged and certified $2,025.70 to 1999 property tax. WHEREAS, the stated property owner known as Rick Carlson (Parkview of Centerville, Inc.) has paid to Anoka County $1,012.85 of the 1999 certified amount; and WHEREAS, the City of Centerville has reimbursed stated property owner known as Rick Carlson (Parkview of Centerville) $1,012.85 and should be refunded same by Anoka County; and WHEREAS, the Council has directed the Deputy Clerk/Treasurer to make a request of Anoka County to abate Parkview Addition assessment improvements from the property legally known as 23- 31 -22 -31 -0070 (1999- 2008). NOW THEREFORE BE IT RESOLVED, that on November 10, 1999 the Centerville . City Council authorized Anoka County to abate Parkview Addition assessment improvements from property legally known as 23- 31 -22 -31 -0070. Adopted by the City Council of the City of Centerville this 10 day of November, 1999 • Tom Wilharber, Mayor ATTEST: Diane Ward, City Clerk r x ,. t er v i i e 1880 Main Street • CenteruilCe, MN 55038 Established 1857 (651) 429 - 3232 • Fax (651) 429 - 8629 October 15, 1999 Mr. Richard Carlson, President Parkview of Centerville, Inc. 7671 Old Central Avenue Fridley, MN 55432 RE: 6990 Meadow Court or Parcel R23 31 22 31 0070 Assessment fund number 82840 Dear Mr. Carlson: This letter is to confirm that all outstanding assessments on the above mentioned property have been paid in full. However, Anoka County Property Tax Division continues to recognize the special assessments in the amount of $12,389.99 with the payments commencing in 1999. It was brought to my attention by Lucy (Registered Abstracters, Inc.) on October 12, 1999 that previously the City refunded Parkview of Centerville, Inc. $1,012.85 (Check #013663 - 7/18/99) for the 1" half 1999 special assessments paid. Lucy also informed me that you anticipated closing on the property shortly and that 2 " half 1999 taxes would be due shortly. I in turn contacted Sue (Anoka County) in an attempt to rectify this matter and was informed of the proper procedures that needed to be taken by the City to do so. The City must pass a resolution for abatement of the special assessments and forward the appropriate documentation to the County. The City intends to place this item on its October 27, 1999 Agenda for adoption. Sue instructed me to have the current owner (you) /prospective owner (Mr. & Mrs. Hassel) pay only the 2n half of property tax payable in 1999 ($45.80) not the special assessments. She also warned of the potential that you, Mr. & Mrs. Hassel, or both could receive a letter from the County stating that $1,012.85 was delinquent. Mrs. Hassel came to City Hall this morning questioning the special assessments and notifying the City that she had paid $45.80 to the County today and expressed her concern that they may owe addition taxes. I informed Mrs. Hassel of the procedures that the City would be following to abate the special assessments and stated that I would forward all correspondence and related documentation to Lucy (Registered Abstracters, Inc.) and that she would forward same accordingly. I also notified Mrs. Hassel as to the anticipated delinquent tax letter from the County. I will also continue to keep you apprised of the process. Once again, we apologize for any inconvenience this may have caused you. If you have any further questions regarding this matter, please feel free to contact me. Sincerely, Teresa D. Bender Deputy Clerk/Treasurer cc: Lucy (Registered Abstracters, Inc.) e,,,d; Sue (Anoka County Property Tax Division) Jim March, City Administrator e tervz e 1880 Main Street • Centerville, MN 55038 Established 185 f (651) 429 -3232 • Fax July 20, 1999 Mr. Richard Carlson, President Parkview of Centerville, Inc. 7671 Old Central Avenue Fridley, MN 55432 RE: 6990 Meadow Court or Parcel R23 31 22 31 0070 Assessment fund number 82840 Dear Mr. Carlson: This letter is to confirm our telephone conversation regarding the paid status of an assessment for the above- mentioned property. The City is in receipt of check number 1015 in the amount of $12,389.99 dated November 13, 1998 which was to pay the assessment balance on the same property. According to Anoka County Statement of Property Taxes payable in 1999 an amount of $1,012.85 was paid May 13, 1999 by your company on the property in question. Since this assessment was paid in full and should not have been certified to Anoka County, the City will refund your company, accordingly. We apologize for any inconvenience this may have caused you. If you have any questions on this assessment or the assessment role as defined by the above property identification number, please do' not hesitate to contact me. Thank you for your understanding and patience in this matter. As always, it is a pleasure to work with you and your staff. Sincerely, Ry -Chel Gaustad, CMC City Clerk cc: Jim March, City Administrator Teresa Bender, Deputy Clerk) Treasurer MEMO DATE : November 5, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Metropolitan Council Easement near Cedar Street Park ******************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** I spoke with Luann Major from the Metropolitan Council in regards to an easement they are trying to acquire near the east property line by Cedar Street Park (see attached map). The easement is required for the reconstruction of the sewer interceptor. I had some concerns about the placement of the easement and the duration of the temporary easement. Mr. Peterson indicated that the eqs went should not affect 21st Avenue and that the actually time period for disturbance to this site should only be about a month. Ms. Major indicated that the Met Council is in the process of acquiring several easements. She also indicated that if the City did not act upon the request at the first meeting in November, she would be forced to add the parcel to the list for condemnation. I would recommend accepting the offer that was made for the acquisition of this easement. Mr. Peterson and Mr. Hoeft will be available to comment on this item. It Metropolitan Council Working for the Region, Planning for the Future June 2, 1999 City of Centerville 1694 Sorel Street Centerville, MN 55038 RE: Easement Acquisition Centerville Interceptor MC Project Number 970810 MC Parcel Number 22 Based on the appraisal prepared by John Daniels of Daniels Appraisal Company , appraiser for the above referenced project, the Metropolitan Council Environmental Services hereby makes the following offer: 3,000 sq. ft, temporary (2_ years) easement $ 420.00 1,000 sq. ft. permanent easement $ 350.00 Total Offer $ 770.00 Please indicate your acceptance or non - acceptance below: Accept Do Not Accept City of Centerville, a Minnesota City of Centerville, a Minnesota Municipal Corporation Municipal Corporation By By Its Its By By Its Its I ' Sind ` Jam - J. 1%8 Region., A•.'. :tor JJS:LL :llm 230 East Fitch Street St. Paul, Minnesota 55101 -1626 (651) 602 -1000 Fax 602 -1550 TDD/T1Y 291 -0904 Metro Into Line 602 -1888 An Equal OPPortunlaj Einjlatier METROPOLITAN COUNCIL 230 EAST FIFTH STREET, MEARS PARK CENTRE ST. PAUL, MINNESOTA 55101 (612) 602 -1000 STATEMENT OF RIGHTS AND JUST COMPENSATION Please be advised that the Metropolitan Council wishes to acquire an easement over certain real property owned by you for the construction of sewage facilities. The acquisition is subject to and must be made in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, under which you have a right to an appraisal as provided in Minnesota Statutes, of the property or interest therein to be acquired, and to an offer of compensation therefore of the appraised value. The undersigned, being the owner of the real property hereinafter described, hereby acknowledges pursuant to the Regulations and Procedures for Implementation of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 that: 1. The real property or interest therein being acquired by the Metropolitan Council is described as follows: (See Attached Exhibit A) 2. No separately held interest in the real property is being acquired in whole or part. 3. The following buildings, structures and other improvements are a part of the real property or interest therein described above for which the offer of just compensation is made: None -1- 4. The following real property improvements, including fixtures, located on the real property described above are not owned by the undersigned: None 5. The following personal property is located on the premises and is not being acquired by the Metropolitan Council: None 6. Just compensation for the acquisition of the property is $ 770.00 . 7. Just compensation for relocation of business equipment, machinery, or other property, if applicable, is : None . 8. The amount of damages to any remaining real property is as follows: None 9. I am aware of my rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the applicable rules and regulations issued pursuant thereto. Dated , 19 In The Presence of: City of Centerville, a Minnesota Witness Municipal Corporation By Its By Its -2- MCES 970800 PARCEL No. 22 PROPERTY DESCRIPTION: The East 410 feet of the South 205 feet of the Southwest Quarter of the Southwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota. PERMANENT EASEMENT DESCRIPTION: A permanent easement for sanitary sewer purposes over, under and across the South 25.00 feet of the East 40.00 feet of the East 410.00 feet of the South 205.00 feet of the Southwest Quarter of the Southwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota. TEMPORARY EASEMENT DESCRIPTION: A temporary easement for construction purposes over, under and across the North 75.00 feet of the South 100.00 feet of the East 40.00 feet of the East 410.00 feet of the South 205.00 feet of the Southwest Quarter of the Southwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota. Said temporary easement to expire on August 31, 2001. 5ktek 1 0(__2___SG,fetc _ _ — ___c___ _ HUG3P22 I NOT A BOUNBARY SURVEY 9057 h I 4111m„ 1 ':I 1307.4 X y 9:73.8 510.3 X 907.6 I ,rte/ 1 �-. /''� . 1'"_(� - Thri � , to (-�~ • „ ^ `tt'Y-.scre h"t'_r'Y`i ��1�Y'r ry - % Y w- v- vrl'^Y 3 tl.i r •1 Q . ( 3- -' sos. t . . < p D C Y. s? i.c X ) ARC EL 20 t 4 0.4 j0.00 x, 915° 906.6 The East 410 of the SW 1/4 of the SW 1/4 Sec. 241 N i op 2 perco 905.7 k 90X % 11 PARCEL 22 : % to.-/ � rri 91�g Y. Y. 971.3 i �` I �I r- i , r` h , I 1 A- 1 •.J , /' 909.7 X 9127 'ar e : i.. - v .-1 - -t X 9099 x 1 -- — 4, " ` , _ - , J fit_ ti X 906.3 ~` 2a..LL. �.�_A.J..�A .1��.� .�. s.1.�__A..L�.�l• -+ ,.}......\,..., ._ s�, �L�yJ`'`- , l.J•'�.1 , .� 1 _/ . � ., . ✓ - � h � . � _ l - 4 -- -.._. .__..- _ -.... l 1--Yl X 909.3 r..,cm j I (} �` r—C"'( ._.—_. }r r ,�, , , - �I v ` T � V•` (} i r ,,/i �J , --- A--A-1J,J..n t. A ..._ ✓.�c�. • - P ermanent Easement Area Approx. Temporary Easement Area Approx. 1,000 sq. ft. shown w/ horiz. hatching 3,000 sq. ft. shown w/ angled hatching I %// sL. 5he ' /" // // ExC\ , 7 1 b ;-k- R Shzeri- _&- bke r s i J / � ' % / / % /' // -j/ PARCEL No.22 I - REBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, e . age - PROJECT la THAT I AM A LICENSED SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. pwo r 1120199 City of Centerville Property 9701300 W � JP ' OMBEt. Metropolitan Council CENTERVILLE - HUGO star rx PETER W. OWENS LISC. NO. 20593 wrmlm - Environmental Services PARCEL 22 EXHIBIT DRAWING 1 Centerville MN 2 MEMO DATE : November 5, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Lloyd Drilling - Appletree Square Trail Issue *******a****************** ** ** ** * * * **** * * * * * * * * ** *** ***** *aria *** * * ***** * ** As mentioned in a previous edition of the "Week in Review," Mr. Lloyd Drilling would like to request that Council consider allowing him to escrow the cost for the trail construction in front of his stripmall property. Mr. Drilling has indicated that he has correspondence from the RCWD that urges him to not install a trail. Mr. Drilling has indicated that he does not think the trail is necessary at this time, since there is no destination for this trail. I informed Mr. Drilling that it would take Council action to permit this request. MEMO DATE : November 5, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Employee Paid Holidays In the past, Council has verbally committed to grant the same benefits to unionized employees as to non - unionized employees. We are in the process of updating our existing personnel policy. I would like to formalize the issue on employer paid holidays and place this item in writing. The union contract currently has eleven paid holidays as follows: New Year's Day Veteran's Day Martin Luther King Day Thanksgiving Day President's Day Day after Thanksgiving Memorial Day Christmas Day Fourth of July One (1) Floating Holiday Labor Day The personnel policy currently allows for ten paid holidays as follows: New Year's Day Columbus Day Martin Luther King Day Veteran's Day President's Day Thanksgiving Day Memorial Day Christmas Day Fourth of July Labor Day We received a couple of calls from upset citizens that City Hall was closed on Columbus Day while some City Halls were open. I would recommend that we delete Columbus Day from the existing personnel policy and replace that holiday with the Day after Thanksgiving effective immediately. I would recommend that non - unionized staff not receive a floating holiday in 1999 (since they had off Columbus Day), but receive a floating holiday in the year 2000 to be consistent with the union contract. If this policy is implemented, both unionized and non - unionized employees would receive 11 paid holidays in 1999 and the same number in 2000. Memorandum To: Honorable Mayor and Council From: Diane Ward, City Clerk and Teresa Bender, Deputy Clerk/Treasurer Date: 11/10/99 Subject: Delinquent Sewer and Water Bills Certain property owners have not paid their sewer and water bills. The City can levy those costs as an assessment against their properties. Property owners have been notified of their delinquent sewer and water bills and have until November 12, 1999 to pay these delinquent sewer and water bills. Council needs to hold a public hearing to adopt these assessments. Council should schedule a public hearing for the next City Council meeting so that these delinquent amounts can be certified to the County by November 30. If Council concurs, they should pass a motion adopting Resolution 99 -19, CALLING FOR A REARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT SEWER AND WATER BILLS, C, • ° tervi1Ce 1880 %tain Street • Centerville, 91(■ 55038 Established 1857 (651) 429 -3232 • fax (651) 429 -8629 l i RESOLUTION NO. 99-19 RESOLUTION CALLING FOR A HEARING ON PROPOSED SPECIAL I ASSESSMENTS FOR DELINQUENT SEWER AND WATER BILLS WHEREAS, the City has determined that there are properties with delinquent sewer and water bills; and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the City office for public inspection; and WHEREAS, notification to affected property owners has already taken place. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: 1. A hearing shall be held on the 22n day of November in the city hall at 6:00 p.m. or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper and shall state in the notice the total cost of the proposed assessment. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County, pay the whole of the assessment on such property and that no interest shall be charged if the entire assessment is paid prior to November 12, 1999. Adopted by council this 10 day of November 1999. Tom Wilharber, Mayor Attest: Diane Ward, City Clerk CENTERVILLE CITY COUNCIL Tom Wilharber (Mary Lou) Mayor - 6849 Centerville Rd. 429 -2140 Terry Sweeney (Chris) Council 7154 Brian Dr. 653 -1830 Richard Travis (Monica) Council 7335 Brian Dr. 407 -0018 Mari Nelson (Roger) Council 1846 73 St. 407 -0908 Linda Broussard Vickers(David)Council 6756 Centerville ltd. 426 -3743 PLANNING AND ZONING COMMISSION Kathy Welk (Lloyd) Chairperson 7219 Mill Rd. 426 -1275 Alan LaMotte (Betty) 1643 Heritage St. 426 -7393 Brian Hanson (Lisa) 1950 Center St. 407 -8398 Ray DeVine (Karla) 1837 Revoir St. 407 -6950 David Kilian (Margaret) 1695 Sorel St. 653 -0374 Fax: 762 -1615 John McLean (Claire) 1724 Meadow Lane 762 -1709 Rob Sheppard (Sue) 1935 73' St. 653 -4458 Linda Broussard Vickers 6756 Centerville Rd. 426 -3743 PARK AND RECREATION COMMITTEE Michael Navin (Elaina) Chairperson 7197 Brian Dr. 653 -8660 Dale Larson (Maria) 1580 Peltier Lake Dr. 429 -3661 Steve Brown (Lisa) 1869 Quebec St. 653 -8162 Doug Porter 7046 Eagle Tr. 653 -7435 Karla DeVine (Ray) 1837 Revoir St. 407 -6950 Terry Sweeney (Chris) 7154 Brian Dr. 653 -1830 ECONOMIC DEVELOPMENT COMMITTEE Tim Rehbine (Toni) Chairperson Remax Associates, Plus 484 -8800 480 W. Hwy. 96, Ste. 200 Shoreview, MN 55126 John Magill (Lisa) Comer Express 426 -6608 1990 Main St. Paul Montain (Judy) Trio Inn 426 -2956 7082 Centerville ltd. Mary Capra (Dan) 1810 Fox Run 653 -1732 Lori Dom (Steve) 1836 Revoir St. 653 -5616 Michelle Moser 7068 Cottonwood Ct. 407 -1882 BetsyScheller 7389 Mill ltd. 653 -9846 Richard Travis (Monica) 7335 Brian Dr. 407 -0018 DOWNTOWN REVITALIZATIN COMMITTEE (EDC Packets) MaryJo Helmbrecht (Jerry) 1745 Main St. 653 -1118 Bill Bisek Kelly's Korner 7098 Centerville Rd. 653 -7791 Wayne LeBlanc (Gina) 1677 Peltier Lake Dr. 426 -0168 • commissionmembers 10/22/99