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MINUTES <br />CITY COUNCIL <br />NOVEMBER 24, 2008 <br />There was discussion on the timing of violations, and the Council felt that <br />the timing provisions were appropriate as proposed. The Council then <br />reviewed the Star Program section of the ordinance and felt that these <br />program requirements were straight forward. <br />The next section reviewed was the License Denial, Suspension, or <br />Revocation and Administrative Penalties. McGraw asked if there were <br />any automatic triggers for denial of licenses. The City Attorney felt the <br />ordinance as written was appropriate and provided for due process. The <br />Attorney reported that the courts support the use of the term "may" rather <br />than "shall". <br />The Council reviewed the penalty scheduled under the Star Program, and <br />discussed the basis for determining violations including the issue of <br />convictions versus charges. The City Attorney felt that the ordinance was <br />not punitive and gave the City some leeway in this regard. <br />The Administrator noted the need to appoint a Rental Housing Appeals <br />Board, and it was the Council's consensus that this should be the Planning <br />Commission given that this Board makes recommendations to the City <br />Council. <br />Montour asked at what point a rental unit would lose its license. The <br />Administrator replied that the license can be revoked after the third <br />violation if that is the decision. It was again noted that there is an appeals <br />process that can be followed should the property owner do desire. <br />Keis pointed out that in some instances the property owner may support a <br />license revocation if they are a tenant that they would like evicted. Peilin <br />explained that the eviction process in Minnesota is complicated and <br />cumbersome, and not necessarily guaranteed. Peilin reported that in most <br />cases non-renewal of a lease is the quickest means of removing tenants. <br />Blesener reported that Montreal Courts is redoing their lease agreements. <br />He also reported that Montreal Courts discovered that the company that <br />was doing their background checks was not doing a thorough job. <br />Therefore, they have now changed companies. Peilen reported that <br />screening is a very important tool for landlords and helps to reduce <br />problems. The City Administrator indicated that the City will have to set <br />the screening standards that it wants. There is the issue of screening based <br />on arrests versus convictions. Peilen reported that the City of Hopkins has <br />screening standards, and indicated that she would obtain that information. <br />McGraw asked if there was any risk to the City if it sets screening <br />standards and someone slips through. The City Attorney replied that there <br />was not. <br />4 <br />