HomeMy WebLinkAbout2019-09-09 City Council Workshop Packet
PLEASENOTESTARTTIME
PLEASENOTESTARTTIME
AGENDA
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:30P.M.Monday,September 9, 2019
City Hall, Council Chambers
A.CALL TO ORDER
B.ROLL CALL
C.APPROVAL OF AGENDA
D.UNFINISHED BUSINESS
1.City Manager’s Budget Workshop #3
2.Rental Housing Licensing Program
E.NEW BUSINESS
None
F.ADJOURNMENT
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings -
elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be
heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council
meetings, it is understood that everyone will follow these principles:
Speakonly for yourself, not for other council members or citizens -unless specifically tasked by your
colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each
other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others
in public.
Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive.
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CITY COUNCIL WORKSHOPSTAFF REPORT
Meeting Date September 9, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Jeff Thomson,Community Development Director
PRESENTOR:
Jeff Thomson, Community Development Director
AGENDA ITEM: Rental Housing Licensing Program
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
City staff will lead a discussion with the City Council regarding updates on the process of creating a
proposed rental housing licensing program.
Recommended Motion:
No action required.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: Implementing a rental housing program
will have implications to the city’s budget. However, this item is only for discussion purposes at this
time.
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The city’s Public Safety and Community Development departments work together regarding safety,
property maintenance and code enforcement issues.
Background
City Council Review
The city council reviewed and discussed a rental housing licensing program at workshop meetings
on June 25, 2018, October 8, 2018, and April 22, 2019. Since the last workshop meeting, the
following items have been completed or updated:
A tenant outreach meeting was held in May.
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The license fees have been simplified such that a property owner will pay one fee on an
annual basis, rather than paying higher fees in years when the property is inspected by the
city.
The draft fee schedule continues to include incentives for well-performing properties. Re-
inspection fees will be charged that escalate based on non-compliance with inspection
corrections.
Additional information has been developed regarding the initial implementation of the
program and inspections policy.
Draft Ordinance and Key Points
A draft of a rental housing licensing ordinance is attached to this report. Key points of the draft
ordinance include:
All rental dwelling units will be required to have an annual license from the city. The only
exceptions are for units that are occupied by the owner or the owner’s qualifying relative,
units that are rented for less than 120 days when the owner resides in the unit the rest of the
year, and for other residential facilities that have another types of license from the state of
Minnesota.
Rental properties must pass a rental property inspection and must continue to maintain the
property accordance to code requirements.
Owners or their property managers are required to attend a crime-free multi-housing phase
1 training or its equivalent.
Owners or their property managers are required to screen all potential tenants by using a
written rental application which contains sufficient information to conduct a criminal
background check. The ordinance no longer required an owner to conduct a credit history
check.
Owners or their property managers are required to and must use a written lease for all
tenants.
Leases must require tenants to sign a “Lease Addendum for Crime-Free/Drug-Free
Housing.”
City will conduct a criminal background investigation on the property owner(s) and
representatives.
Property owner must provide 24 hour contact information for a person who resides within
the Twin City metropolitan area who is responsible for code compliance of the rental
property. This person will be either the owner or agent of the property.
City manager may deny or not renew a license and the city council may revoke or suspend
a rental license for failure to address any tenant or property issues.
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As proposed, the rental licensing ordinance directs the City Manager to create an inspection
policy that requires an inspection every 1 to 3 years depending on performance.
The purpose of the workshop is to provide an overview of the rental licensing ordinance, update the
city council on changes to the draft ordinance, and receive any additional input and feedback before
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the council holds a public hearing and considers adoption of the ordinance on September 23.
Attachments
1. Draft Rental License Ordinance
2. Power Point Presentation
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ORDINANCE NO. ___
AN ORDINANCE ESTABLISHING RENTAL
LICENSING REQUIREMENT FOR RENTAL DWELLINGS
The City Council of the City of Maplewood ordains as follows:
Section I. The Maplewood City Code, Chapter 12-Buildings and Building Regulations is hereby
amended by adding Article XIII-Licensing of Rental Dwellings:
ARTICLE XIII - LICENSING OF RENTAL DWELLINGS
Sec. 12-600. - Purpose.
It is the purpose of this Chapter to protect the public health, safety and welfare of the City by adopting a
rental dwelling licensing, inspection, and maintenance program that corrects substandard conditions,
maintains standards for existing and newly constructed rental dwellings, and ensures neighborhood
stability in the City. The operation of rental properties is a business enterprise that includes certain
responsibilities. Rental dwelling owners and managers are responsible to take such reasonable steps as
are necessary to ensure that the residents who occupy such rental units, as well as neighboring
properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe,
secure, sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears about
safety of persons and property.
Sec. 12-601. - Definitions.
Words used in this Chapter shall have the following meanings unless otherwise defined in this Chapter.
(1) City Manager means the City of Maplewood City Manager or his or her designee.
(2) Dwelling means a building or one or more portions of a building occupied or intended to be
occupied for residential purposes.
(3) Let or Rent means to permit possession or occupancy of a dwelling by a person who is not the
legal owner of record thereof, pursuant to the terms of a written or unwritten lease.
(4) Licensee means an Owner that operates a rental dwelling and is required to be licensed under this
Chapter.
(5) Manager means any person who has charge, care, or control of a rental dwelling.
(6) Occupant means any person occupying, living, or sleeping or having possession of a space within
any dwelling.
(7) Operate means to charge a rental charge, fee or other form of monetary or non-monetary
compensation for the use of a rental dwelling.
(8) Owner means a person or person holding title to a property or otherwise having control of the
property, as recorded in the official State, County, or City records.
(9) Person may be an individual, corporation, firm, association, company, partnership, organization or
any other group acting as a unit.
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(10)Qualifying Relative means the owner’s parent, stepparent, child, stepchild, grandparent,
grandchild, brother, sister, uncle, aunt, nephew or niece. This relationship may be either by blood
or by marriage.
(11) Rental Dwelling means any building or portion of a building which is let or rent to one or more
persons who are not the owner or qualifying relative.
(12) Rental Dwelling Inspection Certificate means a certificate issued by the City Manager after the
rental dwelling has passed a rental dwelling inspection.
(13) Tenant means any person occupying a dwelling unit or having possession of a space within a
dwelling unit who pays, in any manner, for the right to occupy such space or who has a leasehold
right to occupy the dwelling unit.
Sec. 12-602. - License Required.
(1) General Rule. No person may operate a rental dwelling in the City without a license from the City.
(2) Exceptions.
(a) These rental licensing requirements do not apply to a residential dwelling that is occupied
by the Owner or the Owner's qualifying relatives.
(b) These rental licensing requirements do not apply to a residential dwelling when the
dwelling is rented for a period of less than 120 consecutive days and the Owner occupies
the property during the remainder of the year.
(c) These rental licensing requirements do not apply to Minnesota Department of Health–
licensed rest homes, convalescent care facilities, nursing homes, hotels, motels, managed
home-owner associations, or cooperatives.
(3) Application Requirements. An Owner of a rental dwelling must complete an application on an
official application form provided by the City and submit the required application fee. Renewal
applications may be submitted by an Owner on a simplified renewal form provided by the City. The
City Manager must be notified in writing within 30 days of any changes to the information provided
on the application. Applications must include the following information at a minimum:
(a) The name, address, telephone number, e-mail address, and date of birth of the property
Owner.
(b) The name, address, telephone number, e-mail address, and date of birth of a designated
local Manager if the Owner resides outside of the Twin Cities metropolitan service area.
(c) The local address of the rental dwelling and the number of units and types of units
(condominium, apartment, townhome, etc.) within the rental dwelling.
(d) Property Contact Information. The license applicant must provide 24 hour contact
information for the following people:
i. At least one Owner of the rental dwelling;
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ii. At least one Manager, if different from the Owner, who is responsible for managing
the property in compliance with this and any other Code requirement pertaining to
the rental dwelling who must reside in the Twin Cities metropolitan service area; or
iii. If the Owner uses a property management company for management of the rental
dwelling, the name and contact information of the person at the property
management company responsible for managing the rental dwelling.
(4) Fees. There shall be a licensing fee as established by the City’s Fee Schedule. All fees and fines
shall be charged to and payable by the Owner.
Sec. 12-603. - Rental Dwelling Inspection Certificate.
Prior to operating a rental dwelling, the Licensee must obtain a rental dwelling inspection certificate from
the City. Rental dwellings will be inspected on a schedule between one and three years as determined by
the City Manager. The City Manager will adopt an inspection policy for rental dwellings taking into account
the property's inspection history, history of compliance with Federal, State and Local Law, and the history
of inspections, property maintenance violations, and other code enforcement violations at the property.
Sec. 12-604. - Written Tenant Application and Lease Agreement Required.
The Licensee must screen all potential tenants using a written tenant application. The Licensee must use
a written lease agreement for all tenants. The Licensee must have all tenants execute a Minnesota Crime
Free Housing Lease Addendum. The written tenant application must include sufficient information so that
the Licensee can conduct an appropriate criminal background check on prospective tenants. The written
tenant application and written lease agreement and the Minnesota Crime Free Housing Lease Addendum
for each tenant must be part of the Licensee's files. Upon request the Licensee must show proof,
satisfactory to the City, that the Licensee is maintaining the documents required by this section. Failure to
use, maintain, or provide these documents to the City upon request is a violation of this Chapter.
Sec. 12-605. - Changes in Ownership.
A license is non-transferable. If there is a change in the ownership of the rental dwelling the license
automatically expires. The new owner must apply for a license under this Chapter prior to the change in
ownership.
Sec. 12-606. - Changes in the Rental Dwelling.
If changes are made in the number or type of units within the licensed premises, the Licensee shall file an
application to amend the rental license. Depending on the nature of the changes, the City may require a
new property inspection.
Sec. 12-607. - Annual License.
Licenses are valid for one year from the date of issuance.
Sec. 12-608. - Tenant Background Checks and Roster.
As a condition of the license, the Licensee must, as a continuing obligation, conduct a criminal
background check on all prospective tenants and maintain a current roster of tenants and other persons
who have a lawful right to occupy the rental dwelling. The Licensee must designate the name of the
person or persons who will have possession of the roster and must promptly notify the City Manager of
any change in the identity, address or telephone numbers of the designee. The roster must be available
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for inspection by City officials upon request. If a person under investigation by the City claims a lawful
right to occupy a rental dwelling or be present on the rental property, the City Manager may request to
inspect the lease for the unit in which the person claims to reside. Upon such request, the Licensee shall
provide the lease for inspection.
Sec.12-609. - Notification Requirements for Public Hearings.
The Licensee must, as a continuing obligation of the license, provide written notice to tenants or in the
alternative, post the written notice in the lobby or common area of the rental dwelling for any public
hearing notice received by the Licensee that pertains to the rental dwelling, the property on which the
rental dwelling is located, or any adjacent rights of way.
Sec. 12-610. - Display of License Certificate.
For dwellings containing four or more dwelling units, the rental license certificate must be displayed in the
lobby or other common area visibly accessible to all tenants of the licensed dwelling. The license
certificate must be encased in a frame with a clear glass or plastic surface over the certificate and must
be mounted securely to a wall. For dwellings containing less than four dwelling units, the Licensee must
provide a copy of the rental license certificate to each tenant by attaching the copy to the Tenant's copy of
the executed lease agreement.
Sec. 12-611. - Compliance with Minn. Stat. §211B.20.
Licensee must comply with the requirements of Minn. Stat. §211B.20 and allow access to candidates who
have filed for election to public office and seek admittance to the rental dwelling solely for the purpose of
campaigning.
Sec. 12-612. - Crime-Free Rental Housing Phase I Training Required.
The Licensee or the Manager with control over the rental dwellings must attend, at a minimum, the Phase
I crime-free rental housing educational course or similar course as approved by the City Manager as a
condition of receiving or renewing a license. The cost of attending the educational requirements under
this section shall be paid in addition to any license and inspection fees. Course attendance will be
required on a schedule to be determined by the City Manager.
Sec. 12-613. - Responsibility for Acts of Manager.
Licensees are responsible for the acts or omissions of their Managers as it pertains to the rental dwelling.
Sec. 12-614. - Maintenance Standards.
(1) It is the responsibility of the Licensee to assure that every rental dwelling is maintained in
compliance with all City Ordinances and State and Federal laws. A violation of any of the following
City Code Titles or Chapters constitutes a public nuisance and may be abated under the
provisions of the Nuisances Chapter (18-26) or Administrative Offenses Chapter (Sec 1-17) of City
Code:
a. Building and Building Regulations Code (Chapter 12),
b. Zoning Code (Chapter 44),
c. Animals Code (Chapter 10),
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d. Fire Prevention and Protection Code (Chapter 20),
e. Offenses and Miscellaneous Provisions (Chapter 24).
(2) Snow and Ice Removal. Rental dwellings containing four or more dwelling units must remove
snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch or
more, from all walkways, sidewalks and steps within 12 hours of cessation of the snowfall. Rental
dwellings containing four or more dwelling units must remove snowfalls of three inches or more, or
successive snowfalls accumulating to a depth of three inches or more from parking aisles, parking
areas, and drives within 72 hours of cessation of the snowfall.
(3) Inspections. The Building Official, Fire Chief, Police Chief and their respective representatives are
authorized to make inspections reasonably necessary to enforce this Chapter. All authorized
inspectors have the authority to enter any rental dwelling at all reasonable times. Pursuant to
Minnesota Statutes, Section 504B.211, the Licensee is responsible for scheduling the inspection
and notifying any existing tenant of the inspection. The Licensee must provide access to the
requesting City Official at the date and time of the scheduled inspection. Failure to provide access
for any reason may result in a re-inspection fee, in addition to any other sanctions imposed for
noncompliance.
(4) Access by Occupant. Each occupant of a rental dwelling shall give the Licensee or Manager or
authorized City Official access to any part of such rental dwelling at reasonable times for the
purpose of inspection, maintenance, repairs or alterations as are necessary to comply with the
provisions of this Chapter.
(5) Solid Waste. Rental dwellings must comply with the Solid Waste Management ordinance (Chapter
30) for trash and recycling collection.
Sec. 12-615. - License Denial, Suspension, or Revocation.
(1) Grounds for Denial, Suspension or Revocation. The City Manager may deny or not renew a
license and the City Council may revoke or suspend a license for any of the following reasons that
shall also constitute a violation of this Chapter:
(a) The property does not conform to City Code;
(b) The property does not comply with a health, building, maintenance, or other provisions of
the City Code or State Law;
(c) The Licensee has failed to pay the license fee, inspection fees, or a fine that has been
imposed;
(d) The Licensee has made fraudulent statements, misrepresentations, or false statements in
the application or investigation or in any information required by this Chapter;
(e) The Licensee has been convicted of a background check crime as defined in Minnesota
Statutes Section 299C.67, subd.2, as may be amended from time to time, or any crime
related to the licensed business, and failure to show, by competent evidence, rehabilitation
and present fitness to perform the duties of the business;
(f) Operating or allowing the rental property to be used in such a manner as to constitute a
breach of the peace, a menace to the health, safety, and welfare of the public, or a
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disturbance of the peace or comfort of the residents of the City, upon recommendation of
the Chief of Police;
(g) Actions unauthorized or beyond the scope of the license granted;
(h) The Licensee's rental license to operate another rental dwelling in the City of Maplewood
or in another jurisdiction has been denied, revoked, or suspended within the past year;
(i) Failure to schedule or allow inspections of the licensed premises for the purpose of
ensuring compliance with rental licensing requirements, City Code requirements, State
building codes, or other applicable State or Federal law;
(j) Failure to continuously comply with all conditions required in the approval of the license;
(k) Real estate taxes or city fees for the property are delinquent
(l) Violation of any regulation or provision of the City Code applicable to the activity for which
the license has been granted, or any regulation or State or Federal law that may be
applicable;
(m) Excessive calls for service as determined by the Chief of Police based on the number and
nature of the calls compared to the number of dwelling units on the property when the
Licensee has been notified of the calls by the Chief of Police and the Licensee has failed to
supply an appropriate written action plan for reducing the calls for service, or when the
calls for service exceed an established threshold a second time within 12 months of
completing an action plan for previously exceeding the threshold.
(n) Failure to actively pursue the eviction of tenants who have violated the provisions of the
crime free lease addendum or who have otherwise created a nuisance in violation of the
provisions of the written lease; or
(o) Other good cause as determined by the City Council after conducting a public hearing.
(2) The City Council may revoke a license or suspend a license for a set period of time or until
violations of City Code, or State or Federal law are corrected and, in addition, impose a civil
penalty for each violation or impose a combination of these sanctions.
(3) Temporary Suspension. The City Council may temporarily suspend a license pending a hearing
on the suspension or revocation when, in its judgment, the public health, safety, and welfare is
endangered by the continuance of the licensed activity.
(4) Notice. Before the suspension or revocation of the rental license, the City must provide written
notice informing the Licensee of the right to a hearing. The notice must provide at least 20
calendar days notice of the time and place of the hearing and must state the grounds for the
proposed suspension or revocation of the license. The notice may be served upon the Licensee
personally, by leaving the notice at the licensed premises with the designated Manager, or by
certified mail to the address listed on the license application.
(5) Hearing. A hearing will be conducted before the City Council at a public meeting. The Licensee
shall have the right to be represented by Counsel, the right to respond to the charged violations,
and the right to present evidence through witnesses. The rules of evidence do not apply to the
hearing and the City Council may rely on all evidence it determines to be reasonably credible. The
determination to suspend or revoke the license shall be made upon a preponderance of the
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evidence. It is not necessary that criminal charges be brought in order to support a suspension or
revocation of a license violation nor does the dismissal or acquittal of such a criminal charge
operate as a bar to suspension or revocation.
(6) Final Decision. Following the hearing, the Council may revoke or suspend the license for all or any
part of the licensed premises, may stay the revocation or suspension upon such terms and
conditions as it deems reasonable and necessary to accomplish the purposes of this Chapter, or
grant or continue the license. If the Council suspends or revokes the rental license, the Council
may also order that any rent payable during the suspension or revocation period be paid into an
escrow account to be maintained by the City. The City may use the escrowed funds to pay for the
cost of abating violations at the property. Funds that remain in the escrow account after paying for
abatement items shall be returned to the Licensee upon the Licensee receiving a valid rental
license or upon the sale of the rental to an unrelated purchaser and after the rental dwelling has
been brought into full compliance with City Code. The decision by the City Council following a
hearing is final. Upon a decision to suspend a license, no new application from the current
Licensee for the same rental dwelling will be accepted for a period of time specified in the
Council's decision, not exceeding one year. A decision to revoke a license will result in no new
application being accepted from the same Licensee for a minimum of one year.
(7) Appeal of Decision to Deny or not Renew License. If the City Manager denies or does not renew a
license, the Licensee shall be notified in writing, specifying the reasons for denying or not
renewing the license. If the Licensee corrects the conditions leading to the denial or non-renewal
within seven days, the City Manager shall issue the license. A Licensee whose license has been
denied or not renewed by the City Manager may appeal the decision by filing with the City
Manager a written notice of appeal within seven days of receiving notice of the City Manager's
decision. The hearing will be conducted pursuant to Section 12-615(5).
(8) Notification to Tenants. Upon denial, suspension, revocation or other enforcement action of a
license, the City will notify all affected tenants of the action against the license. If the license is
revoked or suspended the Licensee may not let, rent or allow to be occupied any vacant dwelling
units, or dwelling units that become vacant during the revocation or suspension period.
Sec. 12-616. - Summary Action.
(1) Emergency. When the conduct of any Licensee, Manager, or Tenant, or the condition of the rental
dwelling, or the property in or on which it is located, is detrimental to the public health, sanitation,
safety and general welfare of the community, or residents of the rental dwelling so as to constitute
a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an
emergency, the Building Official has the authority to summarily condemn or close areas of the
rental dwelling as the Building Official deems necessary, or may take other action to protect the
residents and general public as deemed necessary.
(2) Notice. Notice of summary action will be mailed to the Licensee by certified mail and posted at the
dwelling units or areas affected and will describe the dwelling units or areas affected. No person
shall remove the posted notice other than the Building Official or a designated representative.
(3) Costs. If the dwelling or dwelling unit is not condemned or closed pursuant to this section, the
costs of any services performed by the City to prevent the condemnation or closure of the dwelling
or dwelling unit may be levied against the property as a special assessment.
(4) Appeal. Any person aggrieved by a summary action of the Building Official shall be entitled to
appeal to the City Council by filing a notice of appeal with the City Manager within five days of the
summary action. The City Manager must schedule a date for hearing before the City Council and
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notify the aggrieved person of the date. The hearing will be conducted pursuant to Section 12-
615(5).
Sec. 12-617. - Posted to Prevent Occupancy.
Whenever any rental dwelling is found to be hazardous or unfit for human habitation, it shall be posted by
the Building Official or designee on the door of the rental dwelling to prevent further occupancy. No
person, other than the Building Official or designee, shall remove or alter any posting. The Building
Official or designee will post the date the rental dwelling shall be vacated and no person shall reside in,
occupy or cause to be occupied that rental dwelling until the Building Official or City Council permits it.
Sec. 12-618. - Falsely Reporting Violations.
No person shall report a violation of this Chapter knowing or having reason to know that the report is false
with the intent to affect the licensing status or inspection schedule of the rental dwelling.
Sec. 12-619. - Violations.
In addition to any other sanctions or administrative penalties imposed, any violation of this Chapter shall
constitute a misdemeanor offense, punishable as defined by State law. Each day of violation constitutes a
separate offense.
Sec. 12-620. - Rules, Policies, and Procedures.
By resolution the City Council may adopt, from time to time, rules, policies, and procedures for the
implementation of this Chapter. Violation of any such rule, policy, or procedure by a Property Owner shall
be considered a violation of this Ordinance.
Sec. 12-621. - No Warranty by City.
By enacting and undertaking to enforce this Chapter, neither the City nor its Council, agents or employees
warrant or guaranty the safety, fitness or suitability of any rental dwelling in the City. Licensees and
occupants should take appropriate steps to protect their interests, health, safety and welfare.
Sec. 12-622. – Fair Housing Act
Licensee shall adhere to the requirements of the Fair Housing Act.
Section II. This ordinance shall be effective following its adoption and publication.
Approved by the City Council of the City of Maplewood this ___ day of _________, 2019.
___________________
Marylee Abrams, Mayor
ATTESTED:
_____________________
Andrea Sindt, City Clerk
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