HomeMy WebLinkAbout2590-20 - ADMIN Ordinance - City Council - 2020/08/17Ordinance No. 2590-20
An ordinance to repeal crime and drug free rental ordinance requirements
The City of St. Louis Park does ordain:
Subdivision VIII. Rental Housing
Sec. 8-326. License required.
(a) The owner of a residential building or portion thereof operated as rental housing with
one or more dwelling units must obtain a rental housing license. The license shall contain a
statement that the tenant or tenants may contact the attorney general for information
regarding the rights and obligations of owners and tenants under state law. The statement shall
include the telephone number and address of the attorney general.
(b) The term “rental housing” means any dwelling unit that is not owner occupied. The
term includes any dwelling unit which is either unoccupied or occupied by a relative of the
owner.
(c) Exceptions. No license shall be required under the following circumstances:
(1) A dwelling unit occupied by the owner for a minimum of six months per calendar
year.
(2) Rented rooms within an owner-occupied dwelling unit.
(3) Unoccupied dwelling units being offered for sale which have been issued a
Certificate of Property Maintenance that remains in effect.
(d) The term “Owner” means the owner as determined by an examination of record title to
the property at the office of the Hennepin County Recorder.
(Ord. No. 2181-00, § 4(16-309A.), 11-6-2000, Ord. No. 2282-04, 11-15-2004, Ord. No. 2334-07,
08-10-2007; Ord. No. 2361-08, 1-1-2009)
Sec. 8-327. Required Application Information.
The owner must identify a designated property manager responsible for operation and
maintenance of each licensed property. Contact information for the owner and property
manager must be provided on the license application, and the owner must provide the city with
any changes occurring within the license period. The owner may be the designated property
manager. The owner must submit verification with the license application that the designated
property manager has attended required training as specified in this section. and that the Crime
Free/Drug Free and Disorderly Use language required by this section is contained in the
licensed property tenant lease or leases.
(Ord. No. 2334-07, 08-10-2007; Ord. No. 2361-08, 1-1-2009)
Sec. 8-328. Rental Owner/Property Manager Crime Free/Drug Free Training.
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The owner or property manager must have attended a residential rental training
program offered by the City of St. Louis Park an approved training in The Minnesota Crime Free
Multi-Housing Program before any rental license is issued. A Provisional Temporary License
may be issued following payment of the regular license fee for six months to accommodate the
training schedule. An owner whose only rental housing is either unoccupied or a dwelling uni t
homesteaded by a relative is exempted from the training program. Owners or property
managers are required to complete a training review every three years.
(Ord. No. 2334-07, 08-10-2007; Ord. No. 2361-08, 1-1-2009)
Sec. 8-329. Maintenance.
The owner of a residential building or portion thereof operated as rental housing must
maintain all dwelling units, common space and exteriors of such buildings within the owner’s
control in compliance with the City Code, and state and federal laws and regulations. Th e
owner of such rental housing shall perform a periodic assessment of all portions of the building
and correct any inadequacies to ensure the building is maintained in good repair.
(Ord. No. 2334-07, 08-10-2007; Ord. No. 2361-08, 1-1-2009
Sec. 8-330. City Inspections.
(a) The owner of rental housing shall permit access by the City to perform a minimum of
one inspection every two years of every dwelling unit and common space within the owner’s
control. The City may perform or require additional inspections if deemed necessary by the City
or by the request of a tenant. The owner shall notify the tenant or tenants of the time when the
City inspection will be conducted and provide access to the units.
(b) The owner’s rental housing license may be suspended, revoked or denied renewal for
failing to maintain the licensed building in compliance with the property maintenance code as
set forth in chapter 6, article V of this Code or otherwise failing to comply with the
requirements of the City Code or applicable state or federal law.
(Ord. No. 2334-07, 08-10-2007; Ord. No. 2361-08, 1-1-2009)
Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements.
(a) All tenant leases, except for state licensed residential facilities and subject to all
preemptory state and federal laws, shall contain the following Crime Free/Drug Free and
Disorderly Use language:
(1) Crime Free/Drug Free.
1. Resident, any members of the resident’s household or a guest or other person
affiliated with resident shall not engage in criminal activity, including drug-
related criminal activity, on or near the premises.
2. Resident, any member of the resident’s household or a guest or other person
affiliated with resident shall not engage in any act intended to facilitate criminal
activity, including drug-related criminal activity, on or near the premises.
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3. Resident or members of the household will not permit the dwelling unit to be
used for, or to facilitate criminal activity, including drug-related criminal activity,
regardless of whether the individual engaging in such activity is a member of
the household or a guest.
4. Resident, any member of the resident’s household or a guest, or other person
affiliated with the resident shall not engage in the unlawful manufacturing,
selling, using, storing, keeping, or giving of a controlled substance at any
locations, whether on or near the premises or otherwise.
5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND
IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE
TERMINATION OF TENANCY.
(2) Disorderly Use.
1. Resident, members of the resident’s household, guests, or other persons under
the resident’s control shall not engage in the following Disorderly Use activities:
violations of state law relating to alcoholic beverages, trespassing or disorderly
conduct; and violation of the St. Louis Park City Code relating to zoning,
nuisance and prohibited noise.
2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME TENANCY WITHIN A
CONTINUOUS TWELVE-MONTH PERIOD SHALL BE A SUBSTANTIAL AND
MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF
THE TENANCY.
(3) Definitions.
1. The term “criminal activity” means prostitution, criminal street gang activity,
threatening, intimidating or assaultive behavior, the unlawful discharge of
firearms, or any other criminal activity on or near the premises that jeopardizes
the health, safety and welfare of the landlord, his agent, other resident,
neighbor or other third party, or involving imminent or actual serious property
damage.
2. The term “drug related criminal activity” means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell, distribute, or
use of a controlled substance or any substance represented to be drugs (as
defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]).
(4) Non-Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions
are in addition to all other terms of the lease and do not limit or replace any other
provisions.
(b) These lease provisions shall be incorporated into every new lease for a tenancy
beginning January 1, 2008 and all renewed leases by January 1, 2009.
(c) Upon determination by the Police Department that a licensed premises or unit within a
licensed premise was used in violation of the Crime Free/Drug Free provisions of Subsection (a)
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(1) herein, the Police Department shall cause notice to be made to the owner and property
manager of the violation. The owner or property manager shall notify the tenant or tenants
within ten days of the notice of violation of the Crime Free/Drug Free lease language and
proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not
enter into a new lease for a unit located in the licensed property with an evicted tenant for a
period of one year after the eviction.
(d) Upon determination by the Police Department that a licensed premises or unit within a
licensed premises was used for Disorderly Use activities as set forth in Subsection (a)(2) herein,
the Police Department shall cause notice to be made to the owner and property manager of the
violation and direct the owner and property manager to take steps to prevent further
Disorderly Use violations.
(e) If a second Disorderly Use violation as determined by the Police Department occurs
within a continuous twelve-month period involving the same tenancy, the Police Department
shall cause notice to be made to the owner and property manager of the second violation. The
owner or property manager shall respond in writing within ten (10) days of receipt of the notice
with an action plan to prevent further Disorderly Use violations.
(f) If a third Disorderly Use violation as determined by the Police Department occurs within
a continuous twelve-month period involving the same tenancy, the Police Department shall
cause notice to be made to the owner and property manager of the third violation. The owner
or property manager shall notify the tenant or tenants within ten days of the Notice of
Disorderly Use violation of the Crime Free/Drug Free lease language within the lease and
proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not
enter into a new lease for a unit located in the licensed property with an evicted tenant for a
period of one year after the eviction.
(g) The provisions of Subsections (c), (d), (e), and (f) herein do not apply if the
determination that the premises have been used in violation of the Crime Free/Drug Free
provisions of Subsections (a)(1) and (a)(2) herein originates from a call from or at the request of
one or more of the tenants occupying the premises for police or emergency assistance, or in
the case of domestic abuse, from a call for assistance from any source. The term “domestic
abuse” has the meaning given in Minn. Stat. § 518B.01, subd. 2.
(h) The owner may appeal the Notice of Violation of the Subsection (c) Crime Free/Drug
Free lease language or the Subsection (f) Notice of Disorderly Use Violation by making a written
request to the City Manager for a hearing within ten (10) days of receipt of the Notice. The
owner shall have the right to appear at the hearing and present any relevant evidence,
including the right to challenge the validity of all three incidents forming the basis for a
disorderly use notice pursuant to Subsection (f). The City Manager or designee shall promptly
conduct the hearing and issue the decision either affirming or reversing the Notice of Violation.
If the Notice of Violation is affirmed, the owner will have ten (10) d ays from receipt of the
decision to proceed with termination of the tenancy as required by Subsection (c) or (f).
(Ord. No. 2334-07, 08-10-2007; Ord. No. 2361-08, 1-1-2009; Ord. No. 2407-11, 1-13-2012)
Sec. 8-332. Administrative License Violation Fee.
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An owner failing to proceed with an action to terminate the tenancy after Police
Department notification in accordance with a Crime Free/Drug Free violation or the third
Disorderly Use violation shall pay an administrative license violation fee of $750.00 for each
calendar month that the owner fails to proceed. Any outstanding fees must be paid prior to the
city renewing a rental license for the licensed premises. The owner may appeal the imposition
of the fee to the City Manager or designee by making a wr itten request for a hearing within ten
(10) days of receipt of the Notice of Imposition of the administrative fee.
(Ord. No. 2334-07, 08-10-2007; Ord. No. 2407-11, 1-13-2012)
Sec. 8-3331. Provisional Licenses.
(a) A licensed premise is only eligible for An owner’s license shall be converted to a
provisional license under the following circumstances:
(1) A licensed premise with between three and eleven dwelling units has generated
an average of 1.0 or more police contacts per dwelling unit in the preceding
twelve (12) month period; or
(2) A licensed premise with twelve or more dwelling units that has generated an
average of 0.7 or more police contacts per dwelling unit in the preceding twelve
(12) month period; or
(31) The existence of substantial on-going public safety concerns; or
(42) Licensee’s consistent failure to maintain compliance with property maintenance
and other City Code requirements.
(3) To accommodate the residential rental training schedule.
(b) Police contacts counted to determine whether a provisional license is required that may
be considered to determine whether there are substantial on-going public safety
concerns include disorderly use activities, criminal activity and drug related criminal
activity. defined in Section 8-331. The police contact shall be counted if it involves an
incident that occurs anywhere on the licensed premises regardless of who is involved, or
near the licensed premises if the contact involves tenants or guests of the licensed
premises and the incident is connected to the licensed premises.
(c) Police contacts will not be counted considered for purposes of determining whether a
provisional license is required substantial on-going public safety concerns exits where
the victim and suspect are “family or household members” as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report
of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section
518B.01, Subd. 2 (a).
(d) The period of time used to determine whether a provisional license is required based
upon the number of police contacts is the twelve (12) month period ending two months
before the expiration of the existing license. Additionally, upon sixty (60) days notice to
the licensee, a regular license may be converted to a provisional license if substantial
on-going public safety concerns exist.
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(d) The existence of substantial on-going public safety concerns that make a licensed-
premises only eligible for a provisional license even though the number of police calls
does not meet the above threshold shall be determined by the Chief of Police. Factors
that will be considered in determining if substantial on-going public safety concerns
warrant converting a regular license to a provisional license include the nature and
severity of the incidents giving rise to the police contacts and any evidence that tenants
are being discouraged or intimidated from making police contacts., the level of
community policing activity compared to similar properties, the number of unauthorized
guests and other non-tenants at the premises and the licensee’s timeliness and
diligence in evicting or otherwise addressing public safety concerns.
(e) Upon determining that a regular license is to be converted to a pro visional license due
to on-going public safety concerns pursuant to Section 8-331(a)(1), the city shall
promptly provide notice of this decision to the owner and to each tenant alleged to
have been involved in each police contact or incident cited in suppo rt of the decision.
The notice shall include the date and time of each cited contact or incident, along with
sufficient identifying information about the contact(s) or incident(s) for the owner
and/or involved tenant(s) to assess whether the factors listed in subparts (b), (c) and (d),
above, have been properly considered in the city manager’s decision. The owner and
each tenant shall then have 10 days to submit a written appeal of the decision. In the
event that the city receives timely notice of appeal, the city manager shall promptly
schedule a hearing on the appeal, providing prompt notice of the date and time of the
hearing to the owner and to any tenant that joined or participated in the appeal, to
present evidence contesting the decision and/or any arguments to overturn the
decision. The provisional license shall not take effect until after the final determination
of the appeal.
(f) If a regular licensee is determined to be only eligible for converted to a provisional
license, the licensee must submit to the City manager or designee for review a mitigation plan
for the license period. The mitigation plan shall describe steps proposed by the applicant to
reduce the number of police contacts and public safety concerns to a level that qualifies for a
regular license. The mitigation plan may include such steps as changes in tenant screening
procedures, changes in lease terms, security measures, rules and regulations for tenant conduct
and security personnel. If there has been a consistent failure to promptly meet property
maintenance and other code requirements, the mitigation plan shall describe the steps to
eliminate the problem.
(g) In addition to an approved mitigation plan, a provisional license will only be issued if the
following conditions are also met:
(1) Owner and manager or managers have all successfully completed, or will
promptly complete, a training program provided or specified by the City.
(2) Managers must be resident managers or on-site managers who are on site or
available 24 hours a day.
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(3) The licensee must provide the City with a current Certificate of Insurance
providing proof of property and general liability coverage. The City may notify
the insurer of the license status of the property.
(h) After giving the applicant an opportunity to be heard, the City Manager or designee
shall approve, disapprove, or approve with conditions the application and the mitigation plan.
In evaluating a mitigation plan, the City Manager or designee will consider, among other
things, the facility, its management practices, the nature and seriousness and frequency of the
causes for police contacts and general public safety concerns, and the expected effectiveness
of measures identified in the plan to reduce the number of police contacts address overall
public safety concerns or incidents of property maintenance and other code violations. In
evaluating a mitigation plan submitted by an applicant already under a provisional license, the
City Manager or designee will also consider the effectiveness of measures identified in any
previous mitigation plan and the need for different or additional measures to reduce police
contacts, address overall public safety concerns or reduce property maintenance and other
code violations.
(i) The licensee shall comply with the mitigation plan as approved or modified by the City
Manager or designee. No later than the tenth day after each calendar month, the licensee
shall mail or deliver to the City Manager or designee a written report describing all steps taken
in furtherance of the mitigation plan during the preceding month. A provisional license will be
issued for up to a maximum of twelve months.
(j) The fee for a provisional license shall be established by ordinance. The licensee having a
regular license converted to a provisional license within the regular license term must pay the
license fee difference.
(Ord. No. 2393-10, 11-12-10)
Sec. 8-3342. License Suspension, Revocation, Denial and Non-Renewal.
(a) Every regular or provisional rental housing license issued under the provisions of
Section 8-326
to 8-3331is subject to suspension, revocation or non-renewal pursuant to Section 8-36.
(b) The City may revoke, suspend or decline to renew any regular or pr ovisional rental
housing license
issued pursuant to Sections 8-326 to 8- 3331 upon any of the following grounds:
(1) false statements on any application or other information or report required by
this Chapter to be given by the applicant or licensee.
(2) failure to pay any application, penalty, reinspection or reinstatement fee
required by this Chapter and City Council resolution
(3) failure to correct deficiencies identified in violation notices within the specified
time for maintaining the building and property in compliance with Sec. 8-329 or
failure to accommodate inspections are required by Sec. 8-330.
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(4) failure to comply with the provisions of an approved mitigation plan in the case
of provisional licenses.
(5) failure to operate or maintain the licensed premises in conformity with all
applicable state laws and regulations and this Code of Ordinances.
(6) actions by the licensee which constitute either intimidation of or retaliation
against a tenant relating to the initiation of a police conta ct, the reporting of a
potential property maintenance violation or other communication to any public
official or other third party about the condition of the property or activities
occurring on or near the licensed premises.
(7) any other violation of this Chapter.
(c) Licenses may be suspended for up to six (6) months and may, after the period of
suspension, be reinstated subject to compliance with this Chapter and any conditions
imposed by the City at the time of suspension. Licenses that are revoked will not be
reinstated until the owner has applied for and secured a new license and complied with
all conditions imposed at the time of revocation.
(d) In the event that a license is suspended, revoked or not renewed, it shall be unlawful
for the owner or the owner’s duly authorized agent to thereafter permit any new occupancies
of vacant or thereafter vacated rental units until such time as a valid license may be restored.
Revocation, suspension or non-renewal of a license shall not excuse the owner from
compliance with all state laws and regulations and this Code of Ordinances for as long as any
units in the facility are occupied. Failure to comply with all terms of this Chapter during the
term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of
the term of such revocation or suspension or continuation of non -renewal, or for a decision not
to reinstate the license, notwithstanding any limitations on the period of suspension,
revocation or non-renewal.
(e) Nothing in this section shall permit occupancy of a licensed premises or individual
dwelling unit if the Certificate of Occupancy is revoked or the licensed premises or unit is
posted uninhabitable.
(Ord. No. 2393-10, 11-12-10)
Sec. 8-3353. Provisional License Fee.
The fee for a provisional license shall be twice the amount of an equivalent regular license, with
such fee being set by ordinance by the City Council and codified as part of Appendix A to the
City Code. (Ord. No. 2393-10, 11-12-10)
Sec. 8-3364. Sale of Affordable Housing Building.
(a) Definitions. The following definitions apply in this Section of this Code. References to
“Section” are, unless otherwise specified, references to this Section of this Code. Defined terms
remain defined terms, whether or not capitalized.
(1) Affordable housing building means a multifamily rental housing building having
three or more housing units, where at least 18% of the units rent for an amount
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Ordinance No. 2590-20 9
that is affordable to households at or below 60 percent area median income, as
median income was most recently determined by the United States Department
of Housing and Urban Development for the Minneapolis -St. Paul-Bloomington,
Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household
size and number of bedrooms.
(2) Affordable housing unit means a rental unit in an affordable housing building
that rents for an amount that is affordable to households at or below 60 percent
of area median income, as median income was most recently determined by the
United States Department of Housing and Urban Development for the
Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical
Area, as adjusted for household size and number of bedrooms.
(3) Cause means the tenant or a member of the tenant’s household materially
violated a term of the lease. or violated a provision of the city’s Rental Housing
Ordinance, City Code Section 8-331 Crime Free/Drug Free and Disorderly Use
Lease Requirements.
(4) Tenant protection period means the period that commences on the date when a
real estate closing transfers ownership of an affordable housing building and run
through the end of the 3 calendar months following the month in which written
notice of the transfer is sent to each affordable housing unit tenant pursuant to
subpart (c) of this Section.
(b) Relocation Assistance
(1) If during the tenant protection period the new owner of an affordable housing
building terminates or refuses to renew any affordable housing unit tenant’s
rental agreement without cause, then upon terminating or refusing to renew the
tenant’s lease, the new owner shall pay to the tenant, as relocation assistance,
no later than the day upon which the tenant vacates the unit, a payment in the
amount as follows: $2,600 for a studio or single room occupancy dwelling unit,
$3,000 for a one-bedroom dwelling unit, $3,600 for a two-bedroom dwelling
unit, and $4,100 for a three-bedroom or larger dwelling unit.
(2) During the tenant protection period if a rent increase goes into effect on any
affordable housing unit, or the new owner of an affordable housing building
raises any affordable housing unit tenant’s rent, or rescreens an existing
affordable housing unit tenant, and the tenant gives written notice to the new
owner to terminate the rental agreement, the new owner, shall within 30 days
of receiving tenant’s written notice of termination of the rental agreement, pay
to the tenant as relocation assistance, a payment in the amount as follows:
$2,600 for a studio or single room occupancy dwelling unit, $3,000 for a one-
bedroom dwelling unit, $3,600 for a two-bedroom dwelling unit, and $4,100 for
a three-bedroom or larger dwelling unit.
(c) Notice. Whenever ownership of an affordable housing building shall transfer, the new
owner shall, within thirty (30) days of the date on which a real estate closing transfers
ownership of the affordable housing building, give written notice to each affordable
housing unit tenant of the building that the property is under new ownership stating:
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(1) The name, mailing address, and telephone number of the new owner.
(2) St. Louis Park City Code Section 8-336 provides for a tenant protection period for
affordable housing unit tenants. Under Section 8-336, affordable housing unit
tenants may be entitled to relocation assistance from the new owner if the new
owner terminates or does not renew the tenant’s rental agreement without
cause within the tenant protection period. Affordable housing unit tenants may
also be entitled to relocation assistance from the new owner if the owner raises
the rent or initiates a tenant rescreening process within the tenant protection
period and the tenant terminates their rental agreement.
(3) Whether there will be any rent increase within the tenant protection period with
the amount of the rent increase and the date the rent increase will take effect.
(4) Whether the new owner will require existing affordable housing unit tenants to be
re-screened to determine compliance with existing or modified residency
screening criteria during the tenant protection period and if so, a copy of the
screening criteria.
(5) Whether the new owner will terminate or not renew rental agreements without
cause during the tenant protection period and if so, notice to the affected
affordable housing unit tenants whose rental agreements will terminate and the
date the rental agreements will terminate.
(6) Whether the new owner intends to increase rent, require existing affordable
housing unit tenants to be rescreened to determine compliance with existing or
modified residency screening criteria, or terminate or not renew affordable
housing unit rental agreements without cause on the day immediately following
the tenant protection period.
The new owner shall provide a copy of the notice required by this part to the city at the
same time notice is provided to the tenants. The new owner of an affordable housing
building shall not terminate or not renew a tenant’s rental agreement without cause, raise
rent, or rescreen existing tenants during the tenant protection period without giving the
notice required by this part.
(d) Penalty.
(1) A violation of subpart (b) of this Section is an administrative offense that may be
subject to an administrative citation and civil penalties as provided in City Code
Section 1-14. Notwithstanding any provision of City Code Section 1-14, the penalty
for a violation of subpart (b) of this Section shall be the sum of the applicable
amount of relocation assistance plus $500.
(2) A violation of subpart (c) of this Section is an administrative offense that may be
subject to an administrative citation and civil penalties as provided in City Code
Section 1-14.
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(3) A violation of this ordinance as to each dwelling unit shall constitute a separate
offense.
(e) Within thirty (30) days after a person pays the penalty provided for in subpart (d) (1) of
this Section to the city, the city shall pay to the displaced tenant of the affordable housing
unit for which the violation occurred an amount equal to the relocation assistance provided
for in subpart (b) of this Section.
(Ord. No. 2534-18, 4-16-18)
Secs. 8-3375 – 8-345. Reserved.
(Ord. No. 2534-18, 4-16-18)
Secs. 8-3375 – 8-345. Reserved.
Section 2. This ordinance shall take effect fifteen (15) days after its publication.
Reviewed for administration: Adopted by the City Council August 17, 2020
Thomas K. Harmening, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
First reading August 3, 2020
Second reading August 17, 2020
Date of publication August 27, 2020
Date ordinance takes effect September 11, 2020
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