HomeMy WebLinkAbout2019-01-17 HEDC Packet
AGENDA
CITYOF MAPLEWOOD
HOUSINGAND ECONOMIC DEVELOPMENT COMMISSION
Thursday,January7, 2019
6:00 P.M.
Council Chambers-Maplewood City Hall
1830 CountyRoad B East
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval of Minutes:
a.September 20, 2018
5.New Business:
a.2018 Business Engagement ProgramReport
b.Housing and Economic Development CommissionRules of Procedure – Annual
Review
c.2018Housing and Economic Development CommissionAnnual Report
d.Election of Officers (No Report)
e.Recent Business Outreach Events (No Report)
6.Unfinished Business:
a.Rental Housing Licensing Discussion
7.Visitor Presentations:
8.Commission Presentations:
9.Staff Presentations:
a.Development Summary (No Report)
10.Adjourn
MINUTES OF THE HOUSING AND ECONOMIC DEVELOPMENT COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
SEPTEMBER 20, 2018
6:00 P.M.
1.CALL TO ORDER
A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order
at 6:01p.m.byChairperson Jenkins.
2.ROLL CALL
Commissioners
Denis Dupee, CommissionerPresent
Brian Finley, CommissionerAbsent
Mark Jenkins, ChairpersonPresent
Jennifer Lewis, CommissionerAbsent
Benosi Maduka, Commissioner Present
Joy Tkachuck, Vice ChairPresent
Dennis Unger, CommissionerPresent
Staff
Michael Martin, Planner, Economic Development Coordinator
Jason Brash, Building Official
3.APPROVAL OF AGENDA
Commissioner Tkachuck moved to approve the agenda as submitted.
Seconded by CommissionerDupee.Ayes –All
The motion passed.
4.APPROVAL OF MINUTES
Commissioner Tkachuckmoved to approve the minutesfor May 17,2018as submitted.
Seconded by CommissionerDupee.Ayes –All
The motion passed.
5.NEW BUSINESS
a.Rental Housing Licensing Discussion
i.Economic Development Coordinator, Mike Martin gave the report on Rental Housing
Licensing and answered questions of the commission.
ii.Building Official, Jason Brash, addressed and answered questions of the commission
regarding rental housing.
Commissioner Maduka had concerns about evictions, records and plaguing.Heasked if other
agencies already do similar inspections for subsidized units/tenants. He was worried about any
overlap.
Commissioner Dupee asked about standards between subsidized and market rate housing.
September 20, 2018
1
Housingand Economic Development CommissionMeetingMinutes
Chairperson Jenkins asked if there is a gap or a need that the city is trying to address. If there is
no need to address it here than why is the city doing it? Is it just to get in line withwhatother
citiesare doing?Chairperson Jenkins asked how manufactured home parks that haverentals
would fit in here.
Chairperson Jenkins wanted to make sure the city is not creating disincentives for rentals
particularly single-family homes. He would want to make sure to give landlords plenty of time to
account for new fees and requirements. There should be incentives for engaging in the rental
licensing program.
Commissioner Dupee would like more information onwhatthe benefits of thisare.If there are
already problem properties or code issues aren’t there tools the city can utilize to address the
issues?
Chairperson Jenkins stated he supports the process of the city looking further into thisover the
next 6 months and what the benefit is.
b.North End Vision Plan and Selection of Working Group Member
i.Economic Development Coordinator, Mike Martin gave the report on the North End Vision
Plan and the Selection of a Working Group Member
Commissioner Maduka moved to recommended nominating Joy Tkachuck to be the North End
Vision Plan working group member.
Seconded by Commissioner Dupee.Ayes –All
The motion passed.
c.Update on 2018 Business Engagement Program (No Report)
i.Economic Development Coordinator, Mike Martin gave abriefupdate on the 2018
Business Engagement Program.
Commissioners spoke regarding their experience during the business engagement visits.
d.Community Engagement Breakfast –November 1 (No Report)
This is held at Maplewood Community Center November 1, 2018. More information will be on the
city’s website.
6.UNFINISHED BUSINESS
None.
7.VISITOR PRESENTATIONS
None.
8.COMMISSIONPRESENTATIONS
Chairperson Jenkins discussed the new packet format he likes the report piece but he misses the
power point part and more informative pieces. It is nice to have the summary but he felt the more
information staff can provide the commission, the better.
September 20, 2018
2
Housingand Economic Development CommissionMeetingMinutes
9.STAFF PRESENTATIONS
a.Development Summary (No Report)
Staff discussed the development of 152 unit market rate apartments called Trails Edge that would
be located by Costco.
3M requested permission to put up window and banner displays as part of their marketing for 3M.
10.ADJOURNMENT
Chairperson Jenkinsadjourned the meeting at 7:58p.m.
September 20, 2018
3
Housingand Economic Development CommissionMeetingMinutes
HOUSING & ECONOMIC DEVELOPMENT COMMISSION STAFF REPORT
Meeting Date January 17, 2019
Melinda Coleman, City Manager
REPORT TO:
REPORT FROM: Michael Martin, AICP, Economic Development Coordinator
PRESENTER: Michael Martin, AICP, Economic Development Coordinator
2018 Business Engagement Program
AGENDA ITEM:
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
At the January Housing and Economic Development Commission (HEDC) meeting, staff will
present the findings of the 2018 business engagement effort. The Saint Paul Area Chamber of
Commerce (SPACC) gave a full presentation on the report at the Community Engagement
Breakfast on November 1, 2018. The report is included with this memo.
Recommended Action:
No action required.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The business engagement program was developed using the following principles as a guide to what
the program should include:
• Demonstrate to businesses that the community appreciates their presence
• Help existing businesses solve immediate problems
• Increase businesses' ability to compete in regional, national, and global markets
• Establish a strategic plan for economic development
• Build community capacity to sustain growth and development over the long term
These principles and the resulting recommendations build off of the University of Minnesota
Extension’s course that was taken by staff members, council members and housing and economic
development commission (HEDC) members in 2016. The coursework focused on what to consider
when building a program, how to implement the program, who to involve, how to respond to
concerns and how to sustain initiatives over time.
Background
In 2018, 14 businesses and organizations were visited and SPACC aggregated the results to
produce the attached report. Below are the key findings contained in the report – these findings and
the entire report will be discussed at the January HEDC meeting.
Workforce challenges were the top issue voiced by every company we visited except one
Companies in the community are well positioned and planning for growth in both revenue
and employees in the coming years
Support for the Maplewood Police Department and the strong relationships the department
has built make them the primary ambassador between businesses and city government
After review of the 2018 results, staff will engage the HEDC on a discussion regarding 2019’s
efforts. This city will once again be working with SPACC to engage Maplewood’s business
community. Staff is also looking for feedback on the 2018 process and what could be altered or
improved in 2019 to make this effort more effective. Staff is looking for feedback on everything from
which businesses are identified for visits to the process for signing up to go on visits.
Attachments
1. 2018 Business Engagement Final Report (Separate Attachment)
HOUSING & ECONOMIC DEVELOPMENT COMMISSION STAFF REPORT
Meeting Date January 15, 2019
Melinda Coleman, City Manager
REPORT TO:
REPORT FROM: Michael Martin, AICP, Economic Development Coordinator
PRESENTER: Michael Martin, AICP, Economic Development Coordinator
Housing and Economic Development Commission Rules of Procedure –
AGENDA ITEM:
Annual Review
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The Housing and Economic Development Commission’s (HEDC) Rules of Procedure are due to be
reviewed and revised.
Recommended Action:
Approve the revised HEDC’s Rules of Procedure attached to this report.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The HEDC’s Rules of Procedure guide the operation of the group.
Background
The Rules of Procedure for the HEDC are due for a review. It has been several years since this has
taken place and staff is recommending several revisions be made to the HEDC’s Rules of
Procedure.
The main recommended change deals with the agenda format of HEDC meetings. Currently, the
Rules of Procedure states there shall be an agenda item called “Visitor Presentations.” However,
last year members of the Planning Commission expressed concern with the City Council eliminating
the visitor section from its agenda that all city commissions should follow suit. Removing Visitor
Presentations from the HEDC agenda will be consistent with the City Council’s agenda policy.
The remaining revisions are housekeeping items. This includes revising the Rules to reflect when
the HEDC meets and the HEDC should start reviewing these Rules annually to be consistent with
other commissions.
All recommended revisions of the HEDC’s Rules of Procedure require City Council approval.
Attachments
1. Revised Housing and Economic Development Commission’s Rules of Procedure
Attachment 1
HOUSING AND ECONOMIC DEVELOPMENT COMMISSION
RULES OF PROCEDURE
Adopted by Housing and Economic Development Commission on February 28, 2013
Amendments Proposed January 15, 2019 (Proposed Additions Underlined; Deletions Are
Crossed Out
We, the members of the Housing and Economic Development Commission of the City of
Maplewood, Minnesota, created pursuant to the Maplewood Code of Ordinances, hereby adopt
the following "Rules of Procedure," subject to the provisions of said Article, which is hereby
made a part of these Rules:
A. APPOINTMENTS
The City Council shall make appointments to the Housing and Economic Development
Commission by following the current city appointment policy.
B. MEETINGS
1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830
County Road B East, unless otherwise directed by the chairperson or staff, in which
case at least 24 hours notice will be given to all commissioners.
2. Regular meetings shall be held at 6 7 p.m. on the third Thursday second Wednesday
of each quarter calendar month, provided that when the meeting falls on a legal
holiday, such meeting shall be rescheduled.
3. Special meetings may be held upon call by the chairperson or in his/her absence, by
the vice chairperson, or by any other commissioner with the concurrence of a majority
of the commissioners with at least 72 hours notice to all commissioners.
C. COMMUNITY DEVELOPMENT DEPARTMENT
In addition to carrying out the duties prescribed in the city ordinance the Community
Development Director planner or a designated replacement shall:
1. Prepare the agenda for each meeting.
2. Act as technical advisor on any matter which comes before the commission.
3. Make written recommendations to the commission on matters referred to the
commission.
4. Schedule any matter with the city council that has been reviewed by the commission
that requires city council approval.
Attachment 1
D. AGENDA
1. Copies of the agenda, together with pertinent staff reports and copies of the minutes
of the previous meeting shall be made available to each member of the commission
no later than three days prior to the next scheduled meeting.
2. The agenda format shall generally read as follows:
a. Call to Order
b. Roll Call
c. Approval of Agenda
d. Approval of Minutes
e. New Business
f. Unfinished Business
g. Visitor Presentations
g h. Commissioner Presentations
h i. Staff Presentations
I j. Adjournment
E. QUORUM
1. A simple majority of the current membership of the commissioners shall constitute a
quorum.
2. Any action by the commission shall require a majority vote of the members present.
F. ELECTION OF OFFICERS
A chairperson and vice-chairperson shall be elected at the regular meeting of the
housing and economic development commission in January December. New terms
begin in January following the election. Once elected, chairs and vice-chairs shall
serve until a successor is elected.
G. DUTIES OF THE CHAIRPERSON
1. In addition to the duties prescribed in the ordinance, the chair shall represent the
commission at each city council meeting where a commission item is on the agenda,
to present the commission’s recommendations and to answer questions from the city
council regarding the decision. If the chair is unavailable to attend the city council
meeting, the chair will appoint a representative from the commission.
H. CHAIRPERSON AND VICE-CHAIRPERSON
1. The chairperson, vice chairperson, and such officers as the commission may decide
shall be elected and assume duties according to the current ordinance.
2. In the absence of the chairperson, the vice chairperson shall perform all duties
required of the chairperson. When both the chairperson and the vice chairperson are
absent, the attending members shall elect a chairperson pro tem.
3. If the chairperson resigns from or is otherwise no longer on the commission, the vice
Attachment 1
chairperson shall become the acting chairperson until the commission can hold an
election for new officers. If the vice chairperson resigns or is otherwise no longer on
the commission, the commission will elect a new vice chairperson at the next possible
commission meeting.
I. TEMPORARY COMMITTEES
1. The commission shall elect by a majority vote such standing committees and
temporary committees as may be required and such committees will be charged with
the duties, examinations, investigations, and inquiries relative to subjects assigned by
the chair.
2. No standing or temporary committee shall have the power to commit the commission
to the endorsement of any plan or program without the express approval of the
commission.
J. VACANCIES
The Housing and Economic Development Commission positions shall be vacated or
recommended to the City Council for vacation according to the current housing and
economic development ordinances.
K. AMENDMENT OR SUSPENSION OF RULES
1. Any of the foregoing rules may be temporarily suspended by a majority vote of the
commissioners present.
2. The "Rules of Procedure" may be amended at any regular meeting by a supermajority
vote.
L. RULES OF ORDER
In all points not covered by these rules, the commission shall be governed in its procedures
st
by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21 Century.
M. ANNUAL REVIEW
These Rules of Procedure shall be reviewed by the Housing and Economic Development
Commission at the first meeting of each year.
HOUSING & ECONOMIC DEVELOPMENT COMMISSION STAFF REPORT
Meeting Date January 17, 2019
Mark Jenkins, Housing and Economic Development Commission
REPORT TO:
REPORT FROM: Michael Martin, AICP, Economic Development Coordinator
PRESENTER: Michael Martin, AICP, Economic Development Coordinator
2018 Housing and Economic Development Commission Annual Report
AGENDA ITEM:
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Maplewood City Ordinance requires the Housing and Economic Development Commission (HEDC)
to: S ubmit a written report of its activities and/or recommendations for modification of the enabling
resolution to the council at least annually.
Recommended Action:
Staff is recommending approval of the HEDC 2018 Annual Report.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
City of Maplewood’s board and commissions report annually the activities of the past year to the
City Council.
Background
Attached to this memo is the HEDC’s 2018 Annual Report. The HEDC’s Annual Report is part of
the larger Community Development Annual Report that also includes the annual reports for the
Planning Commission, Community Design Review Board and Environment and Natural Resources
Commission. In coordination with staff from the Community Development Department, many of the
projects and initiatives worked on by the City and the department require and rely on feedback and
guidance from multiple board and commissions.
A hard copy of the entire 2018 Community Development Annual Report will be handed out to
Commission Members at the January 17, 2019 meeting. The 2018 Annual Report is scheduled to
be presented to the City Council for its approval at the meeting on February 25, 2019.
Attachments
1. 2018 HEDC Annual Report
Attachment 1
HEDC
2018 Actions and Activities2018 Maplewood Achievement Awards
In 2018, the Housing and Economic Development
Commission (HEDC) continued its commitment to
development and redevelopment in the City of Maplewood
by working on several projects. The HEDC spent a good
portion of its year giving direction and guidance to the
City’s efforts on proactive planning for Maplewood’s
future. The HEDC wrapped up its work on the 2040
Comprehensive Plan and then began working on the North
End Vision Study, which is examining a key area of the
City’s future. The North End is home to the Maplewood
Mall and St. John’s Hospital and is a vital component
of this region of the Twin Cities. The North End Vision
Study is working to ensure this neighborhood retains its
importance and becomes even more robust.
The HEDC awarded its annual Maplewood Achievement Awards at the State of
Maplewood Luncheon on January 11, 2018. Pictured above, Gethsemane Lutheran
The HEDC continued its championing of the City’s
Church accepting its award with members of the City Council.
business outreach efforts. The City of Maplewood now
holds regular Maplewood Business Council meetings
GETHSEMANE
in partnership with the Saint Paul Area Chamber of
PREMIER
LUTHERAN
YMCA
Commerce to discuss topics affecting the business
BANK
COMMUNITY
CHURCH
community.
ENTREPRENEURSHIP/
CONTRIBUTION
ENVIRONMENTAL
INNOVATION/GROWTH
SUSTAINABILITY
In January, the annual State of Maplewood was held.
At the State of Maplewood, the HEDC awards three
businesses and organizations that are excelling. The
HEDC Project Review -Comparative
Maplewood Achievement Awards have fast become an
anticipated annual event to recognize the great work being 25
done in Maplewood. This last November, HEDC chair Mark
21
Jenkins served as moderator of the fourth annual Business
20
Community Engagement Breakfast.
18
16
Major HEDC Projects — 2018
1515
14
15
2040 Comprehensive Plan Housing and Economic
11
Development Chapters
9
10
Property Acquisitions Gladstone Neighborhood
Rental Housing Licensing Development of Code
5
North End Vision Study Review and Discussion
Maplewood Business Council Previews and Recaps
0
Business Engagement Program Visits 20112012201320142015201620172018
Maplewood Achievement Awards Selection
Number of Projects Review - Year-by-Year Comparison
8
Attachment 1
HEDC Meets on 3rd
Thursday of Every
Quarter – 6 p.m.
Business Engagement Program
2018 HEDC Membership
This year the HEDC, City Council, City Staff and the Saint Paul Area
Mark Jenkins — Chairperson
Chamber of Commerce (SPACC) conducted the City’s Business
Member since 1/25/10; Term Expires 9/30/19
Engagement Program to engage the local business community. This was
the second year of this effort and 14 Maplewood businesses were visited.
Of the 14 visits, a HEDC member was able to represent the commission
Joy Tkachuck — Vice-chairperson
generated into a report. The
Member since 9/25/06; Term Expires 9/30/19
report focused on ways the
City can be more proactive in
making connections with the
Denis Dupee — Member
local business community.
Member since 11/27/17; Term Expires 9/30/20
observations from each of
the visits will feed into the
City’s knowledge base to
Brian Finley — Member
help policymakers with
Member since 1/25/16; Term Expires 9/30/20
decisions that affect the
business community.
The HEDC has worked
Jennifer Sauer — Member
several years to create
Member since 4/25/11; Term Expires 9/30/19
this program and is
looking forward to
continuing it into 2019. The HEDC will
Benosi Maduka — Member
work with City Staff and the City Council to outline next
Member since 8/8/16; Term Expires 9/30/18*
steps to keep the momentum generated by this effort
* Mr. Maduka is not seeking an additional term, so there
going strong in the years to come.
Looking Ahead to 2019 Dennis Unger — Member
Member since 7/25/11; Term Expires 9/30/21
The HEDC will continue to implement its work plan and concentrate on
key redevelopment areas within the City throughout 2019. Now that the
City has acquired several properties within the Gladstone Neighborhood,
Marylee Abrams —
the City will rely heavily on the HEDC as new projects and opportunities
City Council Liaison
develop within this key redevelopment area. The HEDC will be a guiding
force in the development of the North End Vision Study. In addition to the
Maplewood Mall and St. John’s Hospital being such important factors in
the North End, the Rush Line BRT line will have two transit stops within
Michael Martin — Staff Liaison
this neighborhood bringing increased connectivity to the rest of the region.
Lastly, the HEDC has been asked by the City Council to review and
consider a rental housing licensing program to be implemented later in the
year. Rental housing licensing is being considered as a way to improve the
City’s housing stock and conditions.
9
HOUSING & ECONOMIC DEVELOPMENT COMMISSIONSTAFF REPORT
Meeting Date January 17, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Michael Martin, Economic Development Coordinator
PRESENTOR:
Michael Martin, Economic Development Coordinator
AGENDA ITEM:Rental Housing Licensing Discussion
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
City staff will lead a discussion with the Housing and Economic Development Commission (HEDC)
regarding a proposed rental housing licensing program.
Recommended Motion:
Provide feedbackto staff on draft ordinance and policies.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of ReservesOther: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 SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The city’s Public Safety andCommunity Development departments work together regarding safety,
property maintenance and code enforcementissues.
Background
At the HEDC’s last meeting, a discussion was held regarding a proposed rental housing licensing
program. Staff is bringing this item back to the HEDC for further discussion and expects that the
next couple of commission meetings will also deal with this issue. This is before the HEDC because
the City Council expressed an interest in developing a rental housing licensing program.
Staff has approached this effort with the guiding principle that any amendments to existing policies
need to be cost neutral. Meaning any new programs will need to fund itself without any increases to
the city’s general tax levy. However, staff has also been tasked with incentivizing good performance
from property owners and landlords of rental properties which would result in inspections occurring
with less regularity and impacting fee revenue generation.
While this item is being brought to the Housing and Economic Development Commission for
discussion purposes, staff will be looking for guidance from the Housing and Economic
Development Commissionon desired amendments to the city’s rental housing policies.
Questions from HEDC’s September 20, 2018 Meeting
Staff wanted to ensure we are following up on the questions received at the HEDC’s last meeting. A
summary of those questions with responses in italics are below:
Are other agencies already doingsimilar inspections for subsidized units/tenants?
o Yes, based on funding sources some units in Maplewood are inspected. However,
the City is not informed or part of this process and only a small portion of units are
affected by existing inspections programs. A City inspection program will ensure
units are maintained at the standards set by the City Council.
Are there different standards between subsidized and market ratehousing?
o No market-rate units are currently inspected in Maplewood. Maplewood’s program
would treat all units equally.
Is there is a gap or a need that the city is trying to address?
o A rental licensing program will give the City another tool in addressingchronic
property issues. A program will also establish a commonset of expectations for
property owner and rentersas tothe standard of rental housing in Maplewood.
How domanufactured home parks that have rentals fit in?
o All dwelling units that are rented by the property owner would be subject to this
program. The parks themselves would not be affected, but if any units within a park
are rented they would require a license.
We want to make sure the city is not creating disincentives for rentals particularly single-
family homes–there should be incentives for engaging in the rental licensing program.
o Staff is proposing that the program include incentives for rental units that show good
performance. Meaning wellperforming properties will be inspected less often
reducing potential fees.
City should make sure to give landlords plenty of time to account for new fees and
requirements.
o Timing of program will ultimatelybe decided by the City Council but at this time, staff
is proposing a January 1, 2020 start date. Giving the city almost a full year to work
out the details of adopting an ordinance and putting into place the proper policies to
regulating this program, while also giving property owners time to adjust to new
requirements.
What are the benefits of this program?If there are already problem properties or code
issues aren’t there tools the city can utilize to address the issues?
o Implementing a rental licensing program will enable the city to have another tool to
utilize in ensuring a quality housing environmentfor all residents. There are currently
rental properties in Maplewood that are frequent consumers of city services because
of code issues and violations. A licensing program will ensure both the landlord and
renter understand the expectations of operating a rental business in the city. The
program also give the city and property owner a clear pathway to rectify unresolved
property issues.
Currently, the city has no standards to how rental units are leased or any ability to
require property owners to convey to the city contact information in case of
emergency situations. The program will also allow the city to inspect units in all rental
structures so residents can be confident on a quality rental housing stock in
Maplewood.
Draft Ordinance and Key Points
A first draftof a rental licensing program ordinance is attached to this report. This is a starting point
and staff expects with discussions being held with the HEDC and City Council –in addition to public
engagement with property owners –this ordinancewill change to better servethe needs of
Maplewood.
Key points of this proposed, draftordinance include:
Ownersor their property managers are required to attend a Crime-Free Multi-Housing
Phase 1 training or its equivalent.
Rental properties must pass a rental property inspection conducted by a City Housing
Inspector and must continue to maintain theproperty accordance to code requirements.
Owners or their property managers are required to screen all potential tenants byusing a
written rental application which containssufficient information to conduct a Criminal
Background check and a Credit History check.
Owners or their property managers are required to andmust use a written lease for all
tenants.
Leases must require tenantstosign a “Lease Addendum for Crime-Free/Drug-Free
Housing.”
City will conduct a CriminalBackground Investigation on the Property Owner(s)(and
representatives).
Property Owner must provide 24 hour contactinformation for a person who resides within
the TwinCity metropolitan service area who is responsible forcode compliance of the rental
property. This personwill be either the owner or agent of the property.
City Manager may deny or not renewa license and the City Council may revoke or suspend
arental license for failure to address any tenant orproperty issues.
Inspection Schedule Incentives
The proposed, draft ordinance directs the City Manager to develop a policy –to be
adopted by the City Council –to establish an inspection schedule that incentivizes rental
properties that are well performing. This clause will beincluded based on feedback
received from both the City Council and HEDC.
An inspection schedule will be developed that u ses criteria based upon State and City
requirements. Inspection criteria and evaluatorguidelines will be provided toowners and
posted on the City’s website. The license type–and inspection schedule –will be based
on the average number of code violations per inspected property.It would also be the
City’s intent to inspect approximately a 1/3 of units of a rental building.
AN EXAMPLE OF LICENSE TYPES AND INSPECTION SCHEDULES
Property Code Violations Criteria (Property Code Only)
License CategoryProperty Code Violations per Inspected Unit
Type A –3 Year0-.50
Type B –2 YearGreater than .50 but not more than 1.0
Type C –1 YearGreater than 1.0 but not more than 1.5
Type D –6 MonthsGreater than 1.5
Example
Based on the table above, an 11-unit property would be required to have 4units
inspected (33% x 11 = 3.63) To receive a Type A License, the 4 units could have no
more than 2 violations averaged for the units inspected (4 x .50 = 2)
To receive a Type B License, the 4 units could have no more than 4 violations averaged
for the units inspected (4 x 1 = 4)
To receive a Type C License, the 4 units could have no more than 6 violations averaged
for the units inspected (4 x 1.5 = 6)
Meaning a property holding a Type A license would be inspected every three years while a Type C
license would be inspected yearly. Regardless of license type all properties would be required to be
licensed annually–just the inspections are subject to longer periods.
Again, this is just an example of the direction staff sees this ordinance and inspections schedule
incentive heading at this point.
Planned Outreach
Staff will be updating the City Council on the HEDC’s comments and providing an overview of the
proposed, draft ordinance at an upcoming workshop. Staff will also be scheduling two outreach
meetings to occur in February and March that will be focused on engaging existing rental property
owners. The City will also advertise these meetings in City publications and on the website. The
City will also conduct online outreach via a survey and other tools the City uses to gather feedback.
After the outreach activities haveoccurred,staff will bring this issue back to the HEDC for a final
review. The HEDC’s recommendation willthenbe forwarded to the City Council for final action in
late spring. The City Council will also hold a public hearing prior to taking final action.
Attachments
1.Proposed, Draft Rental License Ordinance
DRAFT
ORDINANCE NO. ___
AN ORDINANCE ESTABLISHING RENTAL
LICENSING REQUIREMENT FOR RENTAL DWELLINGUNITS
DRAFT
The Maplewood City Council _________ the following ordinanceto the Maplewood Code of Ordinances.
ARTICLE XIII-LICENSING OF RENTAL DWELLINGS
12-600-Purpose.
It is the purpose of this Chapter to protect the public health, safety and welfare of citizens of the City by
adopting a rental dwelling licensing, inspection and maintenance program that corrects substandard
conditions, maintains a standard 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 citizens 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, and sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears
about safety of persons and property.
12-601-Definitions.
Words used in this Chapter shall have the following meanings unless otherwise defined in this Chapter.
(1)Apartmentmeans a community, complex or building having a common Owner and containing at
least one rental dwelling unit.
(2)City Approved Inspector's Reportor Inspection Reportmeans a rental dwelling inspection report
prepared and signed by a City rental housing inspector or inspector contracted by the City to
conduct an inspection and provide a report to the City.
(3)City Managermeans the City of Maplewood City Manager or his or her designee.
(4)Dwellingmeans a building or one or more portions of a building occupied or intended to be
occupied for residential purposes of a continued nature.
(5)Let for Occupancyor to Letor to Rentmeans to permit possession or occupancy of a dwelling or
rental dwelling unit by a person who is not the legal Owner of record thereof, pursuant to the terms
of a written or unwritten lease.
(6)Occupantmeans any person occupying, living, or sleeping or having possession of a space within
any dwelling.
(7)Operatemeans to charge a rental charge, fee or other form of monetary or non-monetary
compensation for the use of a rental dwelling unit.
(8)Managermeans any person who has charge, care or control of a dwelling that is required to be
licensed under this Chapter.
(9)Owneror Licenseemeans any person having a legal or equitable interest in a dwelling that is
required to be licensed under this Chapter asrecorded in the official State, County or City records
as holding title to the property or otherwise having control of the property.
(10)Personmay be an individual, corporation, firm, association, company, partnership, organization or
any other group acting as a unit.
(11)Rental Dwellingmeans any dwelling used for residential occupancy by one or more Persons who
are not the Owner or a member of the Owner's immediate family.
(12)Rental Dwelling Inspection Certificatemeans a certificate issued by the City Manager after the
rental dwelling or rental dwelling unit has passed a rental dwelling inspection.
(13)Rental Dwelling Unitmeans any room or rooms, or space, in any rental dwelling designed or used
for residential occupancy by one or more Persons who are not the Owner or the Owner's
qualifying relative. Qualifying relative is defined as: parent, stepparent, child, stepchild,
grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece. This relationship may be
either by blood or by marriage.
(14)Tenantmeans 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.
12-602-License Required.
(1)General Rule. No Person may operate a rental dwelling or rental dwelling unit in the City without a
license for each building in which a rental dwelling or rental dwelling unit is located.
(2)Exceptions.
(a)These rental licensing requirements do not apply to residential property that is occupied by
the Owner or the Owner's qualifying relative.
(b)These rental licensing requirements do not apply to residential property that is owned by a
person commonly referred to as a "Snowbird" when the property is rented to another
person for a period of less than 120 consecutive days while the Owner is residing out of
the State of Minnesota. The Owner must occupy 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 or rental dwelling unit 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 or Manager 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 rental dwelling units within the
dwelling.
(4)Property Contact Information. For single-family residential dwellings, the license applicant must
provide 24 hour contact information for one person in any of the following categories. For all other
types of dwellings, the license applicant must provide 24 hour contact information for two people in
any of the following categories.
(a)At least one Owner of the rental dwelling or rental dwelling unit;
(b)At least one Person, 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 or rental dwelling unit who must reside in the Twin Cities metropolitan service
area; or
(c)If the Owner uses a property management company for management of the rental dwelling
or rental dwelling unit, the name and contact information of the person at the property
management company responsible for managing the rental dwelling or rental dwelling unit.
(5)Number and Type of Units. The license application must contain the number of units and types of
units (condominium, apartment, townhome, etc.) within the rental dwelling.
(6)Rental Dwelling Inspection Certificate. The licenseapplication must be accompanied by a rental
dwelling inspection certificate including an applicable inspection fee before a rental license will be
issued. Rental dwellings with four or more units will be inspected on a schedule between one and
four years as determined by the City Manager. Rental dwellings with less than four units 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.
(7)Written Tenant Application and LeaseAgreement 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 appropriate criminal background and credit checks 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, orprovide these documents to the
City upon request is a violation of this Chapter.
(8)Fees. There shall be a licensing fee as established by the City’sFee Schedule.All fees andfines
shall be charged to and payable by the Property Owner.
12-603-Changes in Ownership.
A license is non-transferable. If there is a change in the ownership of the rental dwelling or rental dwelling
unit the license automatically expires. The new owner must apply for a license under this Chapter prior to
the change in ownership.
12-604-Changes in the Rental Dwelling or Rental Dwelling Unit.
(1)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.
(2)Single Family Conversion to Rental. A single family home that is converted to a rental property
shall pay a conversion fee. The conversion fee shall be established by resolution of the City
Council. The conversion fee includes the rental license application fee and inspection fee for the
first year and includes fees for monitoring the property during the first year of operation as a rental
property. Monitoring will be conducted on a schedule to be determined by the City Manager. Fees
charged for required educational training are not included in the conversion fee.
12-605-Annual License.
Licenses are valid for one year from the date of issuance.
12-606-Tenant Background Checks and Roster.
As a condition of the license, the Licensee must, as a continuing obligation, conduct criminal background
checks and credit history checks on all prospective tenants and maintain a current roster of tenants and
other persons who have a lawful right to occupy the rental dwelling or rental dwelling units. 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 for inspection by City officials upon request. If a person under
investigation by the City claims a lawful right to occupy a rental dwelling unit or be present on the rental
property, the City Manager may request toinspect the lease for the unit in which the person claims to
reside. Upon such request, the Licensee shall provide the lease for inspection.
12-607-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 rental dwelling unit,the
property on which the rental dwelling is located or any adjacent rights of way.
12-608-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.
12-609-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.
12-610-Crime-Free Rental Housing Phase I Training Required.
The Licensee or the Manager with control over the rental dwellings and rental dwelling units 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.
12-611-Responsibility for Acts of Manager.
Licensees are responsible for the acts or omissions of their Managers as it pertains to the rental dwelling.
12-612-Maintenance Standards.
(1)It is the responsibilityof the Licensee to assure that every rental dwelling and rental dwelling unit
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 NuisancesChapter (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),
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 snowfallsaccumulating 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, Building Inspector, Fire Inspector, 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 or rental
dwelling unit 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 or rental dwelling unit shall give the
Licensee or Manager or authorized City Official access to any part of such rental dwelling or rental
dwelling unit at reasonable times for the purpose of inspection, maintenance, repairs or alterations
as are necessary to comply with the provisions of this Chapter.
(5)Recycling. In addition to garbage pickup, rental dwellings must have recycling containers available
for all occupants. Rental dwellings with four or more dwelling units must provide weekly recycling
service at a minimum.
12-613-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 Citation Needed, Land Development
Regulations;
(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, the investigation fee, 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)Conviction 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
business licensed 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
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 a rental dwelling in another jurisdiction has been
denied, revoked, or suspended;
(i)Failure to schedule and/or allow rental or building inspections of the licensed premises, for
the purpose of ensuring compliance with rental licensing requirements, City Code
requirements, State building codes, or other applicable State or Federal law;
(j)Failure to continuously comply with all conditions required as precedent to the approval of
the license;
(k)Real estate or personal property taxes have become delinquent and the property owner
and the Licensee are the same person or entity, or have any common ownership where
they are a different person or entity;
(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 writtenaction 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; and
(o)Other good cause as determined by the City Council after conducting a public hearing.
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.
(2)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.
(3)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 muststate 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.
(4)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
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.
(5)Final Decision. Followingthe 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.
(6)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 12-916(4).
(7)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.
12-614-Summary Action.
(1)Emergency. When the conduct of any Licensee, Manager, or Tenant, or the condition of the rental
dwelling or rental dwelling unit, 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 or rental dwelling unit so as to constitute a nuisance, fire hazard, or other unsafe or
dangerous condition and thus give rise to an emergency, the Building Officialhas the authority to
summarily condemn or close individual rental dwelling units or 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 via first class mail, postage
prepaid 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
notify the aggrieved person of the date. The hearing will be conducted pursuant to Section 12-
613(4).
12-615-Posted to Prevent Occupancy.
Whenever any rental dwelling or rental dwelling unit 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 or rental
dwelling unit, whichever the case may be, 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 or rental dwelling unit shall be vacated and no person shall reside in, occupy
or cause to be occupied that rental dwelling or rental dwelling unit until the Building Official or City Council
permits it.
12-616-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.
12-617-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.
12-618-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 aProperty Owner shall
be considered a violation of this Ordinance.
12-619-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 or rental dwelling unit in the City.
Licensees and occupants should take appropriate steps to protect their interests, health, safety and
welfare.