MILACA CITY COUNCIL MINUTES Call to Order Roll …75E1DAA5-A8DB-4EFB...MILACA CITY COUNCIL MINUTES...

MILACA CITY COUNCIL MINUTES MARCH 15, 2018 MEETING

Call to Order Roll Call The regular meeting of the Milaca City Council was called to order at 6:30 p.m. by Mayor Pedersen. Upon roll call the following council members were present: Mayor Pedersen, Councilors Dillan, Muller, Johnson, and Gahm: Councilors Absent: Staff present: City Manager Tammy Pfaff, City Attorney Damien Toven, and Fire Chief Craig Billings. Also Present (Signed In) Mary Stimmler, Andrea Mikla, Maggie Kuchenbaker, John Monroe, Joel Millam, Pam Novak, Tom Conyers, Scott Teigen, Carvin Buzzell, Sheri Billings, Dan Hollenkamp. Approval of the Agenda On a motion by Muller and seconded by Johnson, the agenda was approved. Motion carried unanimously. Consent Agenda Motion by Muller, second by Johnson, to approve the consent agenda items as follows:

a) Minutes of the February 15, 2018 City Council Meeting b) Bills for Payment c) Approval of Treasurer’s Report d) Approval of Mutual Aid Agreements e) Contract Extension With Mille Lacs County- Building Official f) Resolution 18-10 Back Alley Bowl Consumption and Display License g) Resolution 18-11 Timber Valley Grille- On Sale Liquor and Sunday On Sale Liquor License

Citizens Forum- Maggie Kuchenbaker from Mille Lacs Soil and Water was present and presented concerns in regards to the flood plain area of the Rum River and where the Milaca School intends to build. Maggie informed the council that the Flood Insurance would not be available to home owners if the school builds in the flood plain. Public Hearing – none Requests and Communications- The City Manager presented before the council that we will have a software program called “Public Alert” which allows communication with the residents in regard to city infrastructure projects or street closures and many other alerts that can effectively notify the entire city or just sections of the city. Ordinances and Resolutions- Reports of Departments, Boards and Commissions Police Department- Council reviewed the monthly report. Presented before the council is the Police Department Labor Agreement submitted for approval. Upon a motion by Dillan and seconded by Muller the Labor Agreement is adopted. Motion carried unanimously. Parks Commission- Mayor Pedersen reported on the park commission meeting. Public Works Department- Council reviewed the activity report. A picture of the new street signs were presented before the council and the public. Planning and Zoning Commission- Presented to the council from the Planning Commission is the Conditional Use Permit and Variance for Kwik Trip for council approval. Resolution 18-12 is introduced for the Conditional Use for a gas station in a B-2 zoning district. Upon a motion by Johnson and seconded by Muller, Resolution 18-12 is approved. Motion carried unanimously. Presented to the council from the Planning Commission is the Sign Variance for Kwik Trip for council approval. Resolution 18-13 is introduced for the Sign Variance. Upon a motion by Gahm and seconded by Dillan, Resolution 18-13 is approved. Motion carried unanimously.

ORDINANCE NO. 433 AN ORDINANCE REGULATING THE REGISTRATION AND INSPECTION OF RESIDENTIAL RENTAL

PROPERTIES WITHIN THE CITY OF MILACA THE CITY COUNCIL OF THE CITY OF MILACA, MINNESOTA DOES ORDAIN AS FOLLOWS:

CHAPTER 119: RENTAL HOUSING REGISTRATION AND REQUESTS FOR RENTAL HOUSING INSPECTIONS

Section Page

119.01 Purpose and intent......................................................................................................... 1 119.02 Definitions....................................................................................................................... 2 119.03 Registration required...................................................................................................... 3 119.04 Registration fees............................................................................................................. 4 119.05 Registration exemption.................................................................................................. 4 119.06 Rental manager required................................................................................................ 5 119.07 Registration transfer....................................................................................................... 5 119.08 Point of conversion......................................................................................................... 5 119.09 Report of changes in ownership..................................................................................... 5 119.10 Notice to tenant, requirement to post........................................................................... 5

119.11 Owners Responsibilities …………………………………………………………………………………………… 6 119.12 Remedies for non‐compliance ....................................................................................... 6 119.13 Inspections ..................................................................................................................... 8 119.14 Summary action remedies.............................................................................................. 9 119.15 Owner’s right to appeal.................................................................................................. 9 119.16 Assessment of unpaid fees or fines................................................................................ 9 119.17 Maintenance of records.................................................................................................. 10 119.18 Assessment of unpaid administrative penalties ............................................................ 10 §119.01 PURPOSE AND INTENT.

(A) The purpose of this section is to protect the public health, safety, and welfare of the community at large, and the residents of residential rental properties in the City of Milaca.

(B) The purpose of this section is also to ensure that rental housing in the city is decent, safe, and sanitary, and is so operated and maintained as not to become a nuisance to the neighborhood or an influence that fosters blight and deterioration, or does not create a disincentive to reinvest in the community.

(C) The operation of a residential rental property is a business enterprise that entails certain responsibilities. Owners and operators are responsible for taking such reasonable steps as are necessary to ensure that the citizens of the city who occupy such rental properties may pursue the quiet enjoyment of the normal activities of life in their surroundings that are: safe, secure,

City of Milaca Ordinance #433

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and sanitary; free from noise, nuisances, or annoyances; and free from conditions that endanger the health, or safety of persons, and the security of property.

(D) The City of Milaca finds that a registration program is appropriate to effectively identify residential rental properties, gather contact information for property owners of residential rental properties, provide educational materials to property owners and occupants of residential rental properties, and to provide a more efficient system to ensure that the stock of residential rental property within the City is properly maintained.

(E) It is also the purpose of this section to provide a mechanism for a Tenant, Owner, Neighborhood Association or City Resident to request the City of Milaca to inspect a Rental Dwelling or Living Unit for let or occupancy for compliance with the building code, fire code, city ordinance and the 2015 International Property Maintenance Code so as to not to become a nuisance to the neighborhood and/or community.

§119.02 DEFINITIONS

For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APARTMENT. A community, complex, or building having a common owner and containing four (4) or more living units.

APPLICANT. The natural person completing the registration form prescribed herein.

CITY MANAGER. The City Manager or the City Manager’s designee.

DWELLING. A building, or portion thereof designed or used exclusively for residential occupancy, including one family, two family, and multiple family dwelling units; efficiency units; manufactured homes; and townhomes, but not including hotels, motels, or hospitals.

FAMILY. One or more persons related by blood, marriage, adoption or foster parent relationships occupying a dwelling and living as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household and using common cooking facilities, as distinguished from a group occupying a rooming/boarding house or hotel/motel, as herein described.

LET FOR OCCUPANCY or TO LET. To permit possession or occupancy of a dwelling or living unit by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, or pursuant to a recorded or unrecorded agreement whether or not a fee is required by the agreement.

LIVING UNIT. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

NEIGHBORHOOD ASSOCIATION (Housing Related). “Housing‐related neighborhood organization” means a nonprofit corporation incorporated that:


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(1) designates in its articles of incorporation or bylaws a specific geographic community to which its activities are limited; and

(2) is formed for the purposes of promoting community safety, crime prevention, and housing quality in a nondiscriminatory manner.

NO OCCUPANCY ORDER. The residential rental dwelling or unit cannot be used for sleeping, eating, cooking, or living.

OCCUPANT. Any person living or sleeping in a dwelling or having possession of a space within a dwelling.

OPERATE/RENT. To let for occupancy or to let.

OWNER. Any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, or any person representing the actual owner.

PERSON. An individual, corporation, firm, association, company, partnership, organization, or any other group acting as a unit.

RENTAL DWELLING. Any apartment, general housing unit, or single family dwelling let for occupancy.

RENTAL MANAGER. Any natural person who has been delegated by the residential rental property owner the charge, care, or control of a residential rental property, and is able to respond in person to issues related to the residential rental property.

RESIDENTIAL RENTAL PROPERTY. Any building, or one or more portions thereof, occupied or intended to be occupied for residential purposes by a residential tenant.

RESIDENTIAL RENTAL PROPERTY OWNER. Any person or entity owning residential rental property within the city.

RESIDENTIAL TENANT. A person who does not own, but occupies a dwelling for residential purposes, for payment of a fee or other compensation to the owner, under a lease or contract, written or verbal.

SINGLE FAMILY DWELLING. A dwelling with less than two (2) living units.

STRUCTURE. Anything constructed or erected on, or connected to the ground.


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§119.03 REGISTRATION REQUIRED

(A) Registration of each residential rental property shall be made on a separate form

provided by the city, and shall include the following information:

(1) The name, address, email (if applicable) and telephone number of the residential

rental property owner and rental manager(s);

(2) The name, address, email (if applicable) and telephone number of the natural

person completing the registration form;

(3) The address of the residential rental property. In the case of an apartment building, the applicant shall provide the address and name for the building, as well as the number of dwelling units contained therein;

(4) Whether a criminal background check is conducted on each and every residential tenant by the residential property owner or their manager;

(5) Whether a written lease exists for the residential rental property and each unit dwelling thereon; and

(6) Whether a written lease addendum commonly known as a “Drug Free/Crime Free Lease Addendum” exists for each and every written lease.

(B) Within 30 days of a transfer of ownership, change in rental manager, change in the number of rental units, or change in dwelling occupancy from owner occupancy to rental tenant occupancy, the residential rental property owner or rental manager shall complete and submit a registration form for each and every residential rental property affected by the transfer or change and pay the applicable registration fee.

(C) A residential rental property owner owning residential rental property at the time of the adoption of this chapter shall have until ______________________to comply with the registration provisions contained therein.

§119.04 REGISTRATION FEES.

The fee for registration shall be set forth by the City of Milaca’s fee schedule. Applications received after ________________________ following the adoption of this ordinance will pay a double fee.

§119.05 REGISTRATION EXEMPTION.

All owners of residential rental properties are required to register their properties according to

this section, however, the following property owners are exempt from the registration fee and

the requirement to post a registration certificate.


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(1) A residential rental property owner is related to the tenant as a parent, child,

sibling, grandparent, grandchild, step‐parent, step‐child, foster child, step‐grandparent, or step‐

grandchild and the owner or agent affirms in the registration that each of the renters is one of

these relations.

(2) Any building or dwelling unit which is a State of Minnesota licensed rest home,

assisted living facility, convalescent care facility, licensed group home, Housing with Services, or

nursing home. The owner or agent of a residential rental property licensed or registered by the

State of Minnesota must provide the current license or registration number on the registration

form.

(3) Any Housing and Urban Development (HUD) Public Housing Agency.

(4) A residential property that is occupied by the Owner or the Owner’s family and

two or less tenants where the Owner and the tenants share all living space within the dwelling.

§119.06 RENTAL MANAGER REQUIRED.

(A) Each residential rental property owner shall appoint a rental manager upon whom the

city may lawfully serve notices pertaining to the administration of this or any other chapter of

the city code or state or federal law, service of which shall be as effective as if made upon such

residential rental property owner.

(B) The residential rental property owner may serve as the rental manager, provided all

requirements of a rental manager prescribed within this chapter are met by the residential

rental property owner.

§119.07 REGISTRATION TRANSFER.

Every new owner of residential rental property (whether a fee owner or contract purchaser)

shall be required to furnish a new registration application to the City Manager. Registration

fees shall be required of the new owner in which the property is purchased and the application

needs to be received within 30 days of the transfer.

§119.08 POINT OF CONVERSION.

Whenever a dwelling is converted to a residential rental property, the dwelling shall be

registered within 30 days as set forth in this chapter.

§119.09 REPORT OF CHANGES IN OWNERSHIP.

Residential rental property owners that are registered must report to the City Manager any

changes in the identity of the owner of a residential rental property, including a change in the


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majority shareholder or shareholders and officers in the case of a corporation. Owners must

report a change within 30 days after closing the property transaction.

§119.10 NOTICE TO TENANT, REQUIREMENT TO POST.

The owner or its agent must post, in accordance with the instructions provided by the City, in

each rental unit a copy of the Registration Certificate provided by the City upon registration.

This certificate shall specifically include the following minimum information:

(1) The street address and building name (if applicable) of the registered property;

(2) The name, street address, and telephone number of either the owner or the

rental manager;

(3) Information about how to access the Landlord and Tenants Rights and

Responsibilities Handbook provided by the Minnesota Attorney General.

(4) Date of issuance.

(5) Number of dwelling units located within the residential rental property.

119.11 OWNER’S LIABILITY.

(A) The owner of the residential rental property shall make an effort to cause persons

occupying the rental unit to conduct themselves in such a manner as to not cause the

premises to be in violation of the prohibition against noise as set for in the City of

Milaca’s Noise Ordinance, not to allow to exist on the premises a public nuisance.

(B) Notwithstanding any findings of the City Manager for other violations, any rental

property whose property receives more than four (4) law enforcement calls per dwelling

unit with in a twelve (12) month period, or receives twenty‐four (24) law enforcement

calls or complaints within a twelve (12) month period, whichever number is less, shall

appear before the Milaca City Council, upon notice, to review the continuation of the

rental registration. This review is not an exclusive remedy.

(C) The owner of the residential rental property is responsible to verify that each tenant

that has dogs on the property have licensed the dogs with the City and to adhere to City

Ordinance #95.

§119.12 REMEDIES FOR NON‐COMPLIANCE.

(A) Revocation, Suspension, Denial of Registration or other Action.

(1) The City Manager may revoke, suspend or deny any registration issued under

this chapter for part or all of a rental dwelling upon any of the following grounds:


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(a) False statements on any application or other information or report required

by this chapter to be given by the applicant;

(b) Failure to pay any application, penalty, or inspection fee required either by

this section or City Council resolution;

(c) Failure to correct deficiencies in the time specified in a compliance order;

(d) Failure to allow an authorized inspection of a rental dwelling;

(e) Any other violation of this chapter.

(2) Before the City Manager may revoke, suspend or deny a registration, written

notice must be sent to the applicant or owner setting forth the alleged grounds for the

potential action. The notice must also specify a date for a hearing before the City Council. The

City Council may give due regard to the frequency and seriousness of violations, the ease with

which such violations could have been cured or avoided and good faith efforts to comply and

shall issue written findings.

(3) Upon a decision to revoke, deny, or not renew a registration, the

owner/applicant will not be eligible for any new rental registrations for a period determined by

the City Manager, but not to exceed one year. Any person who has had two or more

registrations revoked, suspended or denied for violations of this chapter will not be eligible for

any new rental registrations for a period determined by the City Manager, but not to exceed

two years.

(4) A decision to revoke, suspend or deny a registration or application will specify

the part or parts of the rental dwelling to which it applies. Until a registration is reissued or

reinstated, no rental units becoming vacant in such part or parts of the rental dwelling may be

re‐let or occupied. Revocation, suspension, or non‐renewal of a registration will not excuse the

owner/applicant from compliance with all terms of this section for as long as any units in the

rental dwelling are occupied.

(5) Failure to comply with all terms of this section during the term of revocation or

suspension is a misdemeanor and grounds for extension of the term of revocation, suspension,

or continuation of non‐renewal of the registration.

(6) Appeal. Following receipt of a decision by the City Manager to deny, revoke or

suspend a registration, the owner/applicant may request a hearing before the City Council. The

request must be made in writing to the City Manager within ten days of the City Manager’s

decision.


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(B) Any person who operates rental property in violation of this Ordinance, may be required

to attend the Milaca Police Department Rental Property Presentation at the cost of the owner

of the rental property. The City Manager shall determine if the owner of a rental property shall

have to attend the Milaca Police Department Rental Property Presentation.

(C) Posting of unregistered properties. Any dwelling found in violation of this chapter may

be posted with a placard near or upon the main entrance of the dwelling.

§119.13 INSPECTIONS.

(A) Responsibility. It is the responsibility of the Owner to be in compliance with City

ordinances and State laws.

(B) Maintenance standards. Every rental dwelling must maintain the standards in the City

per the 2015 International Property Maintenance Code, Zoning Code and any other

requirements of the ordinances of the City or the laws of the State of Minnesota.

(C) Inspections and Inspection Fees.

(1) The City Manager is authorized to make inspections at the request of a Tenant,

Owner, Neighborhood Association or City Resident to ensure compliance with the 2015

International Property Maintenance Code, building code requirements, fire code requirements,

and city ordinances.

(2) The City Manager, designated City staff or City official is authorized to conduct

inspections after receiving a safety or nuisance complaint. The inspection is to ensure the

rental property and dwelling are in compliance with the 2015 International Property

Maintenance Code, building code requirements, fire code requirements, and city ordinances.

(3) All designated agents authorized to make the requested inspection may enter at

reasonable times any rental dwelling with the Tenant’s or Owner’s permission. If any owner,

operator, occupant, or other person(s) in charge of a rental dwelling refuses to permit access

and entry to the rental dwelling, or any part thereof, the designated agent may, upon showing

that probable cause exists for the inspection, seek a court order directing compliance with the

inspection in order to secure entry.

(4) The requested inspection will be conducted and a fee charged in accordance

with the city’s fee schedule (see Exhibit A).

(a) If violations are not corrected and re‐inspections are required, a fee will

be charged for each subsequent re‐inspection occurring after the due date for compliance with

an order. The amount of the re‐inspection fee will be set by ordinance of the City Council.


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(b) The violation and/or re‐inspection fees prescribed above are to be billed

directly to the owner of the property.

(c) The City Manager may waive a re‐inspection fee in case of error, mistake,

injustice, or other good cause.

(d) Failure to attend a scheduled inspection date or failure to pay any fees

associated with inspections may have additional penalties and/or fines as outlined in the City

Code.

§119.14 SUMMARY ACTION REMEDIES.

When the conduct of any owner or their agent, representative, employee, or lessee or the

condition of their rental dwelling is detrimental to the public health, sanitation, safety, and

general welfare of the community at large or residents of the rental dwelling as to constitute a

nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an

emergency, the City Manager has the authority to issue a No Occupancy Order or close off

individual units or such areas of the rental dwelling.

Notice of No Occupancy Order must be posted at the location of the rental dwelling and at the

units or areas affected and shall indicate the units or areas affected. Upon notice of a No

Occupancy Order, the City Manager may impose terms and conditions as necessary to remedy

the nuisance, fire hazard, or other unsafe or dangerous condition.

§119.15 OWNER’S RIGHT TO APPEAL

Any person aggrieved by a decision or action of the City Manager shall be entitled to appeal to

the City Council by filing a notice of with the City Manager. The appeal must be filed within ten

(10) days of the City Manager’s decision. The City Manager will schedule a date for a hearing

before the City Council and notify the aggrieved person of the date.

The hearing must be conducted in the same manner as if the aggrieved person had not received

summary action. The decision of the City Manager is not voided by the filing of such appeal.

Only after the Council has held its hearing will the decision or action of the City Manager be

affected.

§119.16 ASSESSMENT OF UNPAID FEES OR FINES.

Any unpaid violation fine or inspection fees may be assessed against the property in the

manner set forth in the City Code.

City of Milaca Ordinance #433 Page 10 of 10

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§119.17 MAINTENANCE OF RECORDS.

All records, files, and documents pertaining to the Rental Housing Registration Program and

Requests for Rental Housing Inspections shall be maintained in the office of the City and made

available to the public as allowed or required by applicable laws, rules, codes, statutes, or

ordinances.

§119.18 ASSESSMENT OF UNPAID ADMINISTRATIVE PENALTIES.

Any unpaid administrative penalty for failure to comply with the provisions in this code may be

assessed against the property in the manner set forth in the City Code.

EFFECTIVE DATE This ordinance shall become effective upon its summary publication in the City of Milaca newspaper of record. Adopted by the City Council of the City of Milaca this _____ day of ___________, 2018. _____________________ Mayor Harold Pedersen ATTEST: _____________________ Tammy Pfaff, City Manager 1st Reading__________________________

2nd Reading__________________________

Published____________________________

ORDINANCE NO. 434 AN ORDINANCE SETTING THE FEE SCHEDULE FOR THE REGISTRATION AND INSPECTION OF

RESIDENTIAL RENTAL PROPERTIES WITHIN THE CITY OF MILACA THE CITY COUNCIL OF THE CITY OF MILACA, MINNESOTA DOES ORDAIN AS FOLLOWS:

Code Section

Type of License/Fee Term Fee

Rental Housing Registration Per Owner/Per Address

$25

Rental Housing Inspection Fee per complaint (to be paid by the person requesting the inspection). If violations are found, the fee is refunded and all fees are charged to the property owner.

Per Complaint

$40

If violations are found during the inspection, the fee will be charged to the property owner and there will be a re-inspection fee to verify violations are corrected.

Per Complaint

$40

Re-Inspection fee for violation will be charged to the owner of the property if it is determined that it was a violation of the landlord. If the violation was caused by the person requesting the inspection, that person will be charged the re-inspection fee.

Per Inspection $40

Full rental home inspection as requested Per Unit $200 Milaca Police Department Rental Property

Presentation Per Class/Per Person

$40

.

Administrative Citation – Debris, Junk and /or Garbage

Per citation $200

Administrative Citation – Abandoned, Junk and/or Unlicensed Vehicle

Per citation $200

Administrative Citation – Unlawful Storage of Construction Materials

Per citation $200

Administrative Citation – Housing: Minimum standards for basic equipment and facilities

Per citation $200

Administrative Citation – Housing: Safe and sanitary maintenance of parts or dwellings

Per citation $200

Administrative Citation – Except as otherwise stated herein, all other violations of the City Code or Zoning Ordinance

Per citation $200


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EFFECTIVE DATE This ordinance shall become effective upon its summary publication in the City of Milaca newspaper of record. Adopted by the City Council of the City of Milaca this _____ day of ___________, 2018. _____________________ Mayor Harold Pedersen ATTEST: _____________________ Tammy Pfaff, City Manager 1st Reading___________________________

2nd Reading__________________________

Published____________________________

ORDINANCE NO. 435 AN ORDINANCE OF THE CITY OF MILACA ADOPTING THE 2015 EDITION OF THE

INTERNATIONAL PROPERTY MAINTENANCE CODE An Ordinance of the City of Milaca adopting the 2015 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the City of Milaca; providing for the issuance of permits and collection of fees. The City Council of the City of Milaca does ordain as follows: Section 1. That the International Property Maintenance Code, 2015 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Milaca, in the State of Minnesota for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Milaca are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections are hereby revised: Section 101.1. Insert: City of Milaca Section 103.5. Insert: City of Milaca Fee Schedule Section 112.4. Insert: 200; 1,000 Section 302.4. Insert: 8 (eight) inches Section 303.2. Replace 24 inches with 36 inches Section 304.14.Insert: May 1; October 31 Section 602.3. Insert: September 1; June 1 Section 602.4. Insert: September 1; June 1 Section 3. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.


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Section 4. That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section 5. That the City Manager is hereby ordered and directed to cause this legislation to be published. Section 6. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect April 19, 2018 from and after the date of its final passage and adoption. EFFECTIVE DATE This ordinance shall become effective upon its summary publication in the City of Milaca newspaper of record. Adopted by the City Council of the City of Milaca this _____ day of ___________, 2018. _____________________ Mayor Harold Pedersen ATTEST: _____________________ Tammy Pfaff, City Manager 1st Reading_____________________________

2nd Reading_____________________________

Published_______________________________

ORDINANCE NO. 436 AN ORDINANCE AMENDING TITLE IX OF THE CITY OF MILACA GENERAL CODE OF ORDINANCES

BY ADDING CHAPTER 99 ADOPTING A FIRE CODE THE CITY COUNCIL OF THE CITY OF MILACA, MINNESOTA DOES ORDAIN AS FOLLOWS: TITLE IX OF THE CITY OF MILACA’S GENERAL CODE OF ORDINANCES SHALL BE AMENDED TO ADD CHAPTER 99 ENTITLED FIRE CODE AS FOLLOWS:

TITLE IX: GENERAL REGULATIONS Chapter 99 Fire Code

99.01 Fire Code Adopted: The Minnesota State Fire Code, 2015 Edition, is hereby adopted and is made a part of this Ordinance. 99.02 Open Flame: No person shall kindle, maintain, or cause any fire, open flame, or burning charcoal on any rental property with 4 or more units on the balcony or rental property garage, or on the ground within fifteen (15) feet of the perimeter of any rental property building or rental property garage. Used charcoal must be stored in an enclosed airtight metal container with tight fitting lids to prevent spontaneous combustion. 99.03 Fire Department Lock Box (es) and Building Entry Keys: Pursuant to Section 506 of the MN State Fire Code, 2015 Edition, all residential rental properties shall have at least one Fire Department key box, as approved by the fire code official or Fire Chief. Owners are required to purchase, install, maintain and provide keys for the entry into each structure. Newly constructed buildings shall have an approved key box installed and keys secured to the Fire Department prior to issuance of the Certificate of Occupancy. Residential rental properties with fewer than four units, in which the dwelling unit is accessed directly and not through a secured common area, shall not be required to provide a Fire Department key box. 99.04 Fire Code: This Ordinance shall be known as the City of Milaca Fire Code. 99.05 Penalty: A violation of this section shall be a misdemeanor and subject to the maximum penalty permitted by law. Each day of violation, and each individual violation, shall constitute a separate offense. 99.06 Severability: Every section, provision or part of this ordinance is declared severable from every other section, provision or par; and if any section, provision or part hereof shall be held invalid, it shall not affect any other section, provision or part.


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EFFECTIVE DATE This ordinance shall become effective upon its summary publication in the City of Milaca newspaper of record. Adopted by the City Council of the City of Milaca this _____ day of ___________, 2018. _____________________ Mayor Harold Pedersen ATTEST: _____________________ Tammy Pfaff, City Manager 1st Reading___________________________

2nd Reading__________________________

Published____________________________

RESOLUTION NO. 18‐16

RESOLUTION TO APPROVE AUTHORIZATION TO SUMMARIZE ORDINANCE #433 FOR PUBLICATION PURPOSES

WHEREAS per MN Statute #331A.01 Subd 10, the City of Milaca City Council Ordinance #433 entitled

Rental Code may be summarized due to the length of this Ordinance. Summary of publication attached.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILACA, MINNESOTA that

upon four‐fifths approval, Ordinance #433 will be published as a summary as per attached.

Passed by the City Council of Milaca, Minnesota this 19th day of April, 2018.

__________________________________________

Mayor Harold Pedersen

Attest:

_____________________________________________

Tammy Pfaff, City Manager

City of Milaca Resolution #18‐16

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City of Milaca

Ordinance No. 433 Rental Code

This is a summary of the Ordinance passed on April 19, 2018. The full text of the Ordinance is available for inspection during regular city hall hours, or at the city’s website www.cityofmilaca.org under Ordinances. 119.01 Purpose and intent 119.02 Definitions 119.03 Registration required 119.04 Registration fees 119.05 Registration exemption 119.06 Rental manager required 119.07 Registration transfer 119.08 Point of conversion 119.09 Report of changes in ownership 119.10 Notice to tenant, requirement to post 119.11 Owners Responsibilities 119.12 Remedies for non‐compliance 119.13 Inspections 119.14 Summary action remedies 119.15 Owner’s right to appeal 119.16 Assessment of unpaid fees or fines 119.17 Maintenance of records 119.18 Assessment of unpaid administrative penalties

Passed this 19th day of April, 2018.

__________________________________ Mayor Harold Pedersen ATTEST: ______________________________________ Tammy Pfaff, City Manager

MILACA CITY COUNCIL MINUTES Call to Order Roll …75E1DAA5-A8DB-4EFB...MILACA CITY COUNCIL MINUTES...

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