4.3. SR 12-02-2019
Request for Action
To Item Number
Mayor and Council Members 4.3
Agenda Section Meeting Date Prepared by
Consent December 2, 2019 Mark Dickinson, Fire Chief
Item Description Reviewed by
Amend Rental Dwelling Ordinance Peter Beck, City Attorney
Reviewed by
Cal Portner, City Administrator
Action Requested
Amend by motion, Article III, Division 3, Section 30-192 (b) (9) of the City of Elk River’s ‘Residential
Rental Property Standards’ to eliminate redundancy between the City and the Landlord.
Background/Discussion
In the past, all Rental License applications included a copy of the EPA Lead Disclosure and the Crime
Free Drug Free Housing addendum. This activity was a duplication of effort between the city and the
landlord.
The Attorney General’s publication ‘Landlords & Tenants - Rights &Responsibilities,’ spells out the rights and
duties of landlords and tenants in the state. Minnesota Statutes § 504B.181, subd. 2(b), requires landlords
to notify/provide tenants with the above addendums. The statute also requires landlords to inform
tenants that the ‘Landlords & Tenants - Rights &Responsibilities, handbook is available to any tenant.
Striking Section 30-192 (b) (9) of the Residential Rental Property Standards would eliminate the
redundancy between the city and landlords.
Financial Impact
N/A
Attachments
Proposed amendment
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
4.3 At1
Ordinance 19 - ____
An Ordinance Amending Chapter 30, Article III Residential Property Standards of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Section 30.192 Application for License, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) The owner or the owner's agent shall submit a written application for a rental dwelling license
on forms provided by the city.
(b) Prior to issuance or renewal of a rental dwelling license, the following information shall be
submitted:
(1) Name, address and phone number of the owner.
(2) Name, address and phone number of the property manager if different from the owner.
(3) Name, address and phone number of the agent.
(4) The street address and property identification number of the property.
(5) Description of the number of units and number of bedrooms in each unit offered for
rent.
(6) An acknowledgement that the owner or agent has received a copy of this article.
(7) A description of the procedure through which tenant inquiries and complaints are to be
processed.
(8) Certification to the city that there are no delinquent utility fees due upon the parcel of
land to which the rental dwelling license application relates.
(9) A blank copy of any written lease to be used for tenants including the following lease
addendums:
a. Crime free/drug free addendum.
b. Lead free informational materials for pre-1978 properties, including all information as
may be required by federal law.
(Ord. No. 16-12, § 1, 6-6-2016)
Passed and adopted by the City Council of the City of Elk River this 2nd day of December, 2019.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated January 2019