November 12, 2020

HEADWATERS LANDLORD ASSOCIATION

MINUTES FOR NOVEMBER 12, 2020

Annual membership meeting of the Headwaters Landlord Association was held via Zoom on November 12, 2020 beginning at 7:00 p.m.  This meeting was recorded.  Watch for a link to view the meeting, which will be sent to members when it is available.

Officers present: Mike Strodtman, incoming President and presiding; Joan Dreyer, Secretary/Treasurer

Board members present:  Kathy Guess, Deb Ley, Paul Hofland, Harry Aylesworth, Terry Duy

Members present: 9 members

Guest presenters from City of Bemidji:  Jesse Robertson and Todd Beito, City of Bemidji

PRESENTATIONS by VENDOR MEMBERS

·       Aaron Tischner, ServiceMaster Clean, St. Cloud, and serving Bemidji area

·       “Doc” David Winter, Tub Doctor

Applies epoxy finish for tubs and countertops, in home refinishing

Vendor members list is provided to all HLA members.  See attachment

 

CITY OF BEMIDJI PRESENTATION

Jesse Robertson, INSPECTIONS

Inspections has a process in place during Covid-19 contact restrictions

Self-Inspection form for rental housing will be used until next spring.  Landlords will receive a self-inspection form, 1 page long that can be completed via phone or email with the tenant.  Completed form can be returned to Inspections Department.  Forms are sent out in batches, according to the scheduled inspection date.

Todd Beito is the new Housing Inspector. Todd’s background: Plumbing business, master plumber, Lennox dealer, sewer and water in Roseau, serving both Residential and commercial business customers

 Audience Question: What do we do about a tenant who does not feel comfortable having landlord entering the unit?

Inspections Staff recommends doing the inspection over the phone, tenant can follow landlord’s direction and check the items as you read them off.

 

Cris Bitker new Building Official has filled Brian Kerby’s position.

Cris has been a building inspector in Bemidji.  When Brian Kerby left Cris filled in. Cris has been hired to fill Brian Kerby’s position as Building Official.

 

Rental ordinance changes? On the back burner until we can hold discussions in person. City wants to insure an open line of communication.  City council wants to see changes to “Strikes” policy. 

New Mayor, Jorge Prince, and the new council will wait to address issues until the offices are filled in January.


 

 

BUSINESS MEETING was called to order 7:39 pm.

 

SECRETARY’S REPORT

            Was presented by Joan Dreyer and approved.

TREASURER’S REPORT

            Was presented by Joan Dreyer and approved.

 

ELECTION OF OFFICERS

            Was conducted by Joan Dreyer. The written slate of officers and board was presented. There were no nominations from the floor.  The slate was accepted as presented.

President for 2020-2022: Mike Strodtman

Vice President for 2020-2022: Kathy Guess

New Board members: Terry Duy (will complete remaining 1 year term vacated by Kathy Guess)

Robert Elliot, 2020-2022 2 year board position

 

OLD BUSINESS

Short term vacation rentals – Kathy Guess

    Are currently prohibited inside the City of Bemidji limits.  This includes the annexed portions of Bemidji.  City Council has had this topic on the agenda, but it was placed on hold during the Covid-19 restrictions. City Council would like to review this restriction.  HLA has a letter to present as testimony to the city public hearing, currently not on a calendar.

 

NEW BUSINESS

ANOTHER ZOOM MEETING, MN NORTHWEST AREA FOUNDATION

On November 16, 2020 3 pm to 4pm via Zoom

EMAIL TO AMBERN@NWMF.ORG

Covid-19 eviction moratorium (see flyer sent to you separately via email)

“How to be the smartest renter on your block”

Panel will include 4 legal and landlord experts.

Mike Vraa, expert on landlord tenant law

Robert Enger, Supervising Attorney Legal services of NW MN

Kathy Guess, Vice President of HLA, regional landlord

Kirk Karstens, Bi-County Community Action Program

 

Discussion will include

What happens if we have tenants that do not pay? 

What is the law for State of MN CDC moratorium?

Techniques to avoid evictions

 

FUNDING AVAILABLE ON A VERY LIMITED BASIS FOR TENANTS, MOBILE HOME AND LANDLORDS

(See separate email sent to you on 11/14/20)

Will cover the eviction program

Tenant assistance if they are behind in rental utilities, mobile home lot rent

Limited pool of money, must act quickly

Instructions in the email on how to tap into the funds


 

 

LANDLORD ALERT

            Electronic signing of leases has become a new norm. 

A recent legal case involving a landlord and tenant was recently settled in Minnesota.  The landlord signed and executed a rental agreement electronically before the tenant had presented the security deposit and rental payments required as part of the new lease.  The tenant demanded the keys to the property, even though they had not paid their money.   The MN court has upheld the tenants right to move into the property without paying the required funds because the lease document was signed and dated. 

DO NOT PRESIGN and DATE YOUR LEASES.  COLLECT ALL THE MONEY DUE FIRST.

 

 

UPCOMING TOPICS FOR NEXT ZOOM MEETING SPONSORED BY HLA

1.     Do you have Questions for the new mayor?

2.     Forum run by HLA on topics of interest to rental property owners

3.     What topics or issues are you as landlords looking for more information about?

Send an email or call one of the board members to discuss your interests.

Board meetings are held on the Third Thursdays of most months.  All members are invited to attend these meetings.  Contact HLA secretary for notices and meeting times.

 

Parker Cermak, member, thanked the HLA for all the information he has received.  Parker is finishing his real estate licensure specializing in investment property.  He looks forward to working in the Bemidji real estate market.

 

Next meeting will be held on the 3rd Thursday in January.  JANUARY 15, 2021 at 7:00 p.m. It will likely be on zoom.

 

 

Meeting adjourned at 8:00 pm

 

Presented by
Joan Dreyer

Secretary/Treasurer

 

April Meeting Minutes

Minutes of Headwaters Landlord Association General Member Meeting

Date: April 24, 2014

Call to order:  
7:04 pm, Beltrami Electric meeting room
President Harry Aylesworth presiding

Board members in attendance:
Kathy Guess, Harry Aylesworth, Dave Kaufman, Duane Sea

Board member not in attendance:
Jeff Grabowski, Lorrie Richardson, Andrew Erholtz, Terry Duy

Old business and announcements: 
Dave presented the treasurer’s report indicating the balance in the checkbook is $3099.48 with one expense of $50.00 to Aimee for minutes and one due coming in for $50.00.  

Dave presented the plan for the university overlay and how it is impacted by the shore land ordinance.  This is a large area of Bemidji spanning from 10th Street to 23rd Street and from the site of the old high school to Lake Bemidji.  There is a form based code proposed with an emphasis on “look and feel” of each lot.  The DNR is looking into a flexibility agreement regarding eliminating variances within the shore land ordinance.  

Harry addressed the issue of the rental ordinance in Bemidji Township.  The township plans on reviewing the rental ordinance at an upcoming meeting.  Harry and Andrew will attend the meeting and report back to the board members.  This is important as other townships may follow.

There was a State Supreme court hearing regarding a city restricting the amount of rentals.  The court upheld the decision and a city can restrict the amount of rentals.   

New business:   
There is concern regarding the potential apartment building that is proposed to be built on the old high school property.  There is consideration for Tax Increment Financing.  BSU Foundation could not get bonding money to construct dormitories on the site.  Is there enough demand for the amount of apartments proposed?  This could possibly be a detriment to current landlords in the area.  The city of Bemidji benefits from landlords purchasing older properties and improving them.  Would landlords want to buy these older properties and repair them if the demand is not there?  Individuals that are interested should express their concerns to City Council.  Board members will discuss this at the next board meeting.  

The general consensus at the general meeting is there should be three general member meetings throughout the year.  The meetings would be scheduled for some time in September, January and April.  If the need for an emergency meeting arose because of a pertinent issue, the general members would be notified to attend an emergency meeting.  

Planned discussion:  Security Deposits
The sources used for this information are Home Line (statewide agency tenant advocacy group) and MMHA (Minnesota Multi-housing Association). 

The top three complaints Home Line receives are 1.) Repairs 2.) Eviction 3.) Security deposits.  The number one reason a landlord takes a tenant to court is for the eviction process and the number one reason a tenant would take a landlord to court is over their security deposit.  This issue affects the majority of landlords and the questions listed below will help to address most concerns. 

“What every landlord should know about security deposits”

1,  Is there a law that regulates how much you can charge for a deposit in Minnesota?

2.  Do I have to keep the deposit in a special account or a savings account?

3.  What is the difference between an application fee and a security deposit?

4.  What is the difference between a security deposit and a damage deposit?

5.  What is a prelease deposit and what can it be used for?

6.  How much interest am I required to pay and exactly how is it calculated?
7.  Can a tenant use the security deposit as last month’s rent?
8.  What things should I consider when setting my deposit amount?

9.  Can the deposit be increased during the term of the tenancy?

10.  What about tenant damages that I know about during the tenancy? 

11.  What happens to a security deposit if a landlord’s interest in the property ends because of a sale, death or foreclosure?  

12.  When must the deposit be refunded?

13.  What can be deducted from the deposit refund?

14.  What should a lease say about security deposit deductions and procedures?

15.  Can there be any automatic deductions, such as carpet cleaning?

16.  What needs to be included in the deposit accounting to the tenant?

17.  How do I prove I complied with the law?  The burden of proof is on the landlord.

18.  What can the court award a tenant if I am sued in a security deposit dispute?  

19.  Are there any new laws proposed for this session that would change security deposit procedures?


Adjournment:
The meeting was adjourned at 8:38 pm

March Board Member Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: March 20, 2014

Call to order:  
5:02 pm, Lueken’s North Deli Room
President Harry Aylesworth presiding

Board members in attendance:
Andrew Erholtz, Terry Duy, Kathy Guess, Harry Aylesworth, Dave Kaufman, Duane Sea

Board member not in attendance:
Jeff Grabowski, Lorrie Richardson

Old business: 
Dave presented the minutes from the previous board members meeting and a treasurer’s report.  Motion:  Moved by Kathy to approve both the treasurer’s report and the general members meeting minutes from February 20, 2014.  Seconded by Terry.  Motion carried.

Duane confirmed our next general member meeting will be held at the Beltrami Electric meeting room on April 24th at 7:00 p.m.  Board members meet at 6 p.m. 

The clean-up of the south shore of Lake Bemidji has been stayed.  The City of Bemidji is applying for grant money to help offset the cost of the clean-up.  HLA will continue to follow the progress of the project as landlords could be affected by an increase in taxes.

The Greater Bemidji Area Joint Planning Board had their work session regarding the university overlay in relation to the shore land ordinance.  Dave attended the work session.  Their hired architect presented Bemidji State University’s five year plan.  The plans have been approved for Decker and Memorial Hall renovations.  There will be two dormitories torn down and two new dormitories built in their place in the future.  There are plans for some road changes and parking ramps to be added by the rec center.  

The issue of the rental ordinance in Bemidji Township is not on their agenda yet but HLA will continue to watch for any updates regarding the ordinance.

New business:   
The upcoming general member meeting will focus on security deposits.  Kathy presented the board with a list of questions pertaining to security deposits and the legalities involved.  Please send an email to a board member if there are more security deposit questions you would like to see discussed.   A few of the resources that will be used to answer these questions are the statue laws, HOME Line (a nonprofit Minnesota tenant advocacy organization), Minnesota Housing Association and the Attorney General’s reference book.  

Lorrie obtained a current list of rental property owners from the City.  Aimee will make up labels and we will work on sending out a mailing.   

Adjournment:
The meeting was adjourned at 6:18 pm

February Board of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: February 20, 2014

Call to order:  
5:07 pm, Lueken’s North Deli Room
President Harry Aylesworth presiding

Board members in attendance:
Andrew Erholtz, Terry Duy, Kathy Guess, Harry Aylesworth, Dave Kaufman, Lorrie Richardson, Duane Sea

Board member not in attendance:
Jeff Grabowski

Old business: 
None discussed.

New business:
There will be a general members meeting in April.  Duane will check with Beltrami Electric to see if their board room is available Thursday, April 24th at 7 pm or Thursday, April 17th at 7 pm if the first option is not available. 

There is concern regarding the Greater Bemidji Area Joint Planning Board making changes to the university overlay in relation to the shore land ordinance.  Dave and Lorrie will attend a GBAJPB work session on Thursday, February 27 at 5 pm.  They will report back to the board members what was discussed.   

Another concern is the clean-up of the south shore of Lake Bemidji and how it will potentially affect landlords and other tax payers in the Bemidji area.  Duane submitted a letter that he wrote the mayor and council members voicing his opinion regarding a study conducted by the MARS group from Bemidji State University for the City of Bemidji.  Overall, the study is inconclusive and did not supply the City with enough accurate and pertinent information to go through with the proposed clean-up project.  Duane stated that if the City were to go forward with this project, it would end up costing him $200-$300 per rental unit annually in extra taxes.  A subcommittee of Duane, Harry and Terry was appointed to attend the upcoming meetings and decide if HLA will take any action along with support from Friends of Lake Bemidji.  

Security deposits and how they should be handled will be the main topic of discussion at the upcoming general members meeting.    

Lorrie is going to obtain a current list of rental property owners from the City.  If there is a minimal charge, this could be voted on through email with the board members.  This will allow HLA to send out an up to date mailing to make every rental owner aware of the association and potentially gain more memberships.  

Next board members meeting will be Thursday, March 20, 5 pm at Luekens.

Motion:  Moved by Kathy to approve both the treasurer’s report and the general members meeting minutes from January 16, 2014.  Seconded by Duane.  Motion carried.

Motion:  Moved by Kathy to take the PayPal payment option off of the website.  Seconded by Terry.  Motion carried.  


Adjournment:

The meeting was adjourned at 6:13 pm

January General Members Meeting Minutes

Minutes of Headwaters Landlord Association General Members Meeting

Date: January 16, 2014

Opening:  
A general meeting of the Headwaters Landlord Association was called to order at 7:03 p.m. on January 16, 2014 at Beltrami Electric, Bemidji, MN by President Harry Aylesworth.

Board members in attendance:

Andrew Erholtz, Terry Duy, Kathy Guess, Harry Aylesworth, Dave Kaufman, Lorrie Richardson, Duane Sea

Board member not in attendance:
Jeff Grabowski
 
Welcome:  
Harry welcomed all members to the meeting and thanked them for attending.  The board members were introduced.  Harry (president), Kathy (vice-president), Dave (secretary/treasurer), Andrew (board member/chief communicator), Duane (former president/board member), Terry (board member)

Treasurer report:
Dave gave an update of the Treasurer’s report.  There is a balance of $3,219.48.  We have currently 51 members of the HLA.  

Old business:
 
None discussed.

New business:
Presentation by MJB Home Center:  
Kathy introduced Dave Smith, new owner of MJB Home Center located at 418 Beltrami Ave.  MLB Home Center is a vendor that supports HLA.  MJB offers the Whirlpool family of products (MayTag, Jenn-Air, KitchenAid and Amana).  MJB offers quick customer service.  They are a full service store that carries a lot of inventory and can even store customer’s appliances in their basement.  MJB has an appliance repair shop where they work on Whirlpool and any other brands when you bring them into the shop.  They also offer Mr. Appliance services where they will go to the site and fix the appliance.  MJB stocks parts or will have them next day.  They also offer coin-operated laundry machines.  They have used and “dinged” appliances for sale.  MJB also sells lawn equipment and snow removal machines (Snapper, Hustler). Everything that they carry is all American made products.  

Bemidji Township Rental Ordinance:  
Kathy owns a rental in Bemidji Township and received a letter notifying her that her non-homesteaded properties were required to obtain a rental permit not later than June 15, 2014.  The permit application is $250.00.  It is stated there must be an electrical, septic, plumbing and building inspection completed by a “licensed and certified inspector” every five years.  It is unclear who a “licensed and certified inspector” is.  There is an inspector that Lorrie used in the past that is “licensed and certified”.  Contact information for him is Jeff Fagerstrom P.O. Box 421 Thief River Falls, MN 56701 and phone number is 218-681-2340.  If there are any issues that arise in these inspections the rental owner is required to have these issues fixed with supporting documentation.  The ordinance also states a site plan to scale, fire escapes and a garbage disposal plan must be provide by the landlord as well as a copy of the lease/rental agreement.  The township will inspect the property after the application and inspection reports are submitted and then the township board must approve each rental permit application.  Any violations by the rental owner must be corrected in 30 days and if there is a need for removal of the tenant the rental owner is responsible for the cost to relocate the tenant.  This seems oppressive and expensive.  The township cannot even answer questions regarding the ordinance. There is not a township administrator listed on their website.  The township clerk has now stated, the township board will not be moving forward on the matter until June 1st and a new deadline will be set.  If you are buying property in Bemidji Township this should be disclosed to you, but may not be?  It was agreed to have a further discussion of this issue after the next presentation.

Jeremy Klinger:  
Kathy introduced Jeremy Klinger of Drahos, Kieson & Christopher P.A. located at 502 24th Street NW in Bemidji.  Their phone number is 218-444-1750.  Jeremy studied undergraduate at University of Miami and went to law school at UND.  He has been practicing for five years in general practice.  Jeremy is here to give specific information on unlawful detainer and the eviction process.  A landlord cannot force a renter out.  A writ of recovery with the reason to evict must be obtained after the tenant has violated the lease.  The next step is to file an unlawful detainer with the courts.  The cost to file is $322.  Minnesota costs to file are one of the most expensive in the nation.  An unlawful detainer is an action to recover real property.  It does not recover back rent.  If you wish to recover back rent this is done in conciliation court.  The summons is served seven days before eviction.  There is a hearing where you must prove the reason for eviction.  The tenant will either agree or request a trial which could even be a jury trial.  The landlord will prove rent has not been paid or whatever breach of the lease and a judge will order a writ of recovery with a time limit on when the tenant must vacate the property.  The sheriff can forcibly remove the tenant from the property to recover possession.  Personal property left on site can be stored on the rental site or the tenant is required to pay for suitable storage of their belongings.  If the property is clearly abandoned in 28 days you are allowed to sell or dispose of the property but the tenant can get the proceeds from the sale after the storage costs have been paid.  There is a process for expedited eviction where the county attorney can evict due to illegal activity.  In the case of a contract for deed eviction, you must file a cancellation at the recorder’s office and after 60 days the contract for deed will be terminated.  Make sure you do not evict out of retaliation.  If a tenant repeatedly complains that is not a reason for eviction, there must be a material breach of the lease agreement.  If you have a “squatter” living in your property and it is a clear trespass, the sheriff should be called.  If it is not a clear trespass, you will have to go through the eviction process.   The law office charges $195.00 per hour and it is recommended to have an attorney present during the eviction process.  If your rentals are owned by a corporation or an LLC, the company must be represented by an attorney.  Top reasons a landlord will lose is if a landlord accepts rent after the eviction has been filed or a lack of preparedness.  Prove that your tenant has not paid rent by keeping a general ledger.  A sheriff, professional server or a party unrelated to the owner of the rental (cannot be a property manager) must serve eviction papers to the tenant.  An owner can serve a notice of nonpayment or lease cancellation but not the eviction summons after the action is filed in court.  Robert Bush (HLA member) is going through the eviction process now for the third time with the same tenant.  Each time the tenant shows up with the money owed.  Now there is a counter claim stating the rental is inhabitable.  Make sure to get complaints in writing or state in your lease that all complaints must be submitted in writing and respond to all complaints.  In your lease there should be a bold paragraph stating that any breach of this lease is a material breach.  Have the tenant initial next to the paragraph for better protection against a counter claim.  Late fees can be collected in a small claims action up to 8% of the total owed.  

Conclusion and questions:  
There is concern regarding therapy pets and how this should be handled when the lease clearly states that no pets are allowed.  Tenants receive letters from their doctors stating that they are required to have a therapy pet for their emotional and mental health.  You cannot contest this because it goes against the disability act.  The laws are still developing concerning therapy pets and this is something HLA will continue to keep up on.

Rental owners are not being notified by law enforcement regarding disturbances at their property.  HLA members want to be notified.  

HLA should be aware of the agendas of the township meetings.  If there is any mention of a rental ordinance, a member of HLA should attend.  

There will be another general members meeting in mid- April.  No firm date set. Members will be notified by email when it is set.  

Adjournment:
The meeting was adjourned at 8:43 pm

January Board of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: January 9, 2014

Call to order: 
5:00 pm, Lueken’s North Deli Room
President Harry Aylesworth presiding

Members in attendance:
Andrew Erholtz, Terry Duy, Kathy Guess, Harry Aylesworth, Dave Kaufman

Members not in attendance:
Lorrie Richardson, Jeff Grabowski, Duane Sea

Secretary report:
Minutes from 11/14/2013 were presented by Dave Kaufman

Treasurer report:
Dave provided a copy of the Treasurer’s report and reported five membership dues received.  No expenses reported.  Kathy stated it helps to have who the deposits came from on the treasurer’s report.  It was agreed that Dave has the authority to pay Aimee after every meeting.  Terry will be making calls to the remaining members that have not paid their dues and all members to inform them of the meeting next week.  Harry provided a profit and loss statement for year-end 2012 and Dave will obtain a profit and loss statement for year-end 2013.  Motion: Moved by Harry to approve 1/9/2014 treasurer report.  Seconded by Terry and Kathy.  Motion carried. 

Old business: 
None discussed.

New business:
General meeting:
There is a meeting for members at Beltrami Electric meeting room scheduled for Thursday, January 16, 2014 at 7:00 pm.  Andrew will email invitation to members and past attenders to inform them of the upcoming meeting.  The agenda for the upcoming meeting was discussed at length.  First, it was agreed to have a treasurer/secretary report given with an income statement and the number of members now listed with the HLA.  Second, MJB will give a brief 5 to 10 minute presentation.  Third, there will be a presentation by Kathy and limited discussion on the Bemidji Township Rental Ordinance revisions made in August 2013.  This will impact all rental owners in this township.   Some of the main concerns are the amount of inspections required to obtain a rental permit in the township (fire/safety, plumbing, electrical, sewer and follow up with an administrator inspection).  These inspections are required to be renewed every 5 years.  It was suggested that a letter be drafted by HLA with questions to the township regarding the ordinance.  Finally, Jeremy Klinger from Drahos, Kieson & Christopher P.A. Law Office will be speaking about unlawful detainers and eviction at approximately 7:30 pm.  Andrew will send out an email to all HLA members regarding providing questions for Jeremy about the eviction process.  Andrew will compile a list of questions for Jeremy and pick a few to ask.  The decision was made to get Jeremy a Lueken’s gift certificate ($25-$50) since he is volunteering his time to come and speak at the meeting.  

Announcements:  
Next General HLA meeting: January 23, 2014

Adjournment:
The meeting was adjourned at 5:59 pm

November Board of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date:  November 14, 2013

Call to order:  
5:03 pm, Lueken’s North Deli Room
Secretary/Treasurer Harry Aylesworth presiding
     
Members in attendance:
Andrew Erholtz, Terry Duy, Kathy Guess, Harry Aylesworth, Duane Sea
     
Members not in attendance:
Lorrie Richardson, Jeff Grabowski
     
Secretary report:
Obtain minutes from Lori.
     
Treasurer report:
Harry provided a copy of the Treasurer’s report and reported seven membership renewals received.  No expenses reported.  Motion:  Moved by Duane to approve 11/14/13 treasurer report.  Seconded by Andrew.  Motion carried.

Old Business:
None discussed.

New Business:

  • Board Member Reassignments

  • Duane Sea relinquish President duties now presides as a Board Member

  • Harry Aylesworth relinquish Treasurer duties now presides as President

  • Terry Duy relinquish Secretary duties now presides as a Board Member

  • Kathy Guess remains Vice President

  • Dave Kaufman assigned to Secretary/Treasurer duties

  • Andrew Erholtz remains as a Board Member

  • Lorrie Richardson remains as a Board Member

  • Jeff Grabowski remains as a Board Member


Transfer First National Bank Bemidji account authorization from Andrew Erholtz and Duane Sea to Dave Kaufman and Harry Aylesworth.

Note Taker:
Dave’s wife (Aimee) will attend all meeting and take notes.  She will be reimbursed $50 per meeting.  She will email Board Members for review and approval.  She will provide a copy approved minutes for each meeting and put them on website.  

Member List Database:
Andrew and Dave will get together 11/26/13 to consolidate all members into one spreadsheet.  Would like to get this into a database (possibly Microsoft Access) that all can use.  Dave will ask Aimee if she can enter and maintain this database.  

Vendor Program:
Discussion about if HLA should actively pursue having Associate Members.  A past Board Meeting suggested after a lack of support to keep this voluntary.  If the members are interested in being members they could give presentations at general board meetings and obtain membership list.  Motion:  Moved by Harry to have a two year associate membership for $100.  Seconded by Duane.  Motion carried. 

Next General Meeting:
Duane checking to see if Beltrami Electric meeting room available.
Topic is eviction.
Harry will contact Drahos Kieson and Christopher to see if an attorney (Jeremy) would be interested in presenting from question posed from HLA.
Duane will contact Judge Harrington to see if he would be interested in presenting why landlords fail to achieve eviction.


Announcements:
Next BOD meeting:  January 16th 2014, 5pm Lueken’s North Deli
For next meeting:  Come up with questions to ask attorney and judge.
Next General HLA Meeting:  January 23rd 2014, 7pm

Adjournment:  The meeting was adjourned at 6:25 pm

March Board of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: March 21, 2013

Call to order: A Board of Directors meeting of the Headwaters Landlord Association was held in The Cabin Coffeehouse and Café, Bemidji, Minnesota on March 21, 2013. The meeting convened at 3:15 pm, Vice-President Kathy Guess, presiding, and Jessica Sarauer, note taker.
Members in attendance: Andrew Erholtz, Kathy Guess, Lorrie Richardson, Terry Duy

Members not in attendance: Harry Aylesworth (excused), Jeff Janiksela (excused), Duane Sea (excused)
Motion: Moved by Andrew to approve consent agenda.  Seconded by Jeff G.   Motion carried.
Treasurer report: A Treasurer report was not provided as Harry was absent from the meeting. Kathy gave an update on the tax information.  In 2011 she delivered accounting information to Mark Elliot (he also did the work for the non-profit status).  Mark sent a letter to the IRS, and the IRS said that the HLA could file within a certain period of time.  Kathy contacted Mark again and he explained that when new non-profit files their first taxes; the IRS wants to have a few years’ worth of taxes consolidated.  This gives the IRS a better look at the organization.  We should be able to file with 2 years of information.  We will also have to file an equivalent to the 990 Form (about 100 questions to answer).  As soon as Harry gets the 2012 tax information to Mark, Mark will send the information to the IRS.  We have 3 years to file.  

The group feels that there should be duplicate copies of important documents.

Motion: Moved by Lorrie to make copies of pertinent financial documents to store in Andrew’s office.  Seconded by Jeff G.   Motion carried.  

Terry handed in a $50 check from our newest member – Kelly Larson.

Lorrie brought up another tax issue with the vendor brochure printings – North Star Publishing said that we don’t have to pay for the tax of the service, if we provide them with a non-profit tax exempt number (which we may not have).  A special thanks to Lorrie for doing the vendor brochures.

Committee Reports

Membership List Committee

  • Kathy is concerned about new members who’ve never gotten an email from the HLA.  We need to make sure that every member, who has an email address, needs to be on the email list.  Andrew said we need a current list.  Lorrie suggested having a master copy of every member’s information at the next general meeting for people to verify that their information is correct.  Kathy wants to seriously consider investing in a database and having copies for all the Board members.

Membership Book Committee

  • Lorrie reported that we have to get information from vendor applications to put in the membership booklet. The Board decided to use the Bemidji Garden Club’s format. The booklet committee is moving forward and would like to have a deadline to have all vendor applications back to Lorrie by the end of April to be able to send the membership booklet to print.

Vendor List

  • Each Board member will take some vendor applications and hand them out. Andrew and Terry will take the extras and store them.

Upcoming Seminars

  • Lorrie handed out a handout on a Smoke Free Housing Seminar to be held April 4, 2013 in Walker at Chase on the Lake.  The start time is 12:00 pm.  This seminar outlines the procedure you have to follow to transition into smoke free housing.  This information will be posted on the webpage.

  • Kathy mentioned a Fair Housing Seminar to be held at Beltrami Electric on April 18, 2013 from 1-4 pm. The cost of this seminar is $59 for non MHA members.  This information is also posted on the webpage.

General Meeting Agenda

  • The Board decided to have a parking update from a member of the Joint Planning Board.  It was determined to invite them to talk for 10 minutes and have 20 minutes for discussion.  Kathy or Duane will be contacting Myana about presenting at the general meeting.  Jerry Linke will also be invited to attend to answer questions.

  • .  This will allow time to work with the fire department and October is fire prevention month. The board members are passing around the video so that they all can see it.

  • The topic for the general meeting was decided as “Advertising for Tenants.”  Andrew will be presenting the topics of computer listings, newspaper, and other types of advertising.  There will be a handout and computer demonstrations.

  • The Board decided not to cover selecting tenants this meeting, but decided to have a review of highlights from the Fair Housing Seminar.  Kathy and Jeff G. are going to try and go to the seminar.

  • Kathy suggested getting a save the date for the meeting out soon.

  • Information about the book (How to be the Smartest Renter on the Block) will also be announced again at the meeting.

Announcements:
Next general meeting: April 25, 2013, Beltrami Electric, 7:00 pm Board members are to arrive at 6 pm for A/V setup and last minute detail planning.

Adjournment: The meeting was adjourned at 4:38 pm.  


Minutes submitted by Jessica Sarauer.

February Board of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: February 21, 2013

Call to order: A Board of Directors meeting of the Headwaters Landlord Association was held in The Cabin Coffeehouse and Café, Bemidji, Minnesota on January 17, 2013. The meeting convened at 3:05 pm, President Duane Sea, presiding, and Jessica Sarauer, note taker.
Members in attendance: Andrew Erholtz, Kathy Guess, Duane Sea, Lorrie Richardson, Harry Aylesworth, Jeff Janiksela
Members not in attendance: Terry Duy (excused), Jeff Grabowski (excused)
Welcome: Duane welcomed all members to the meeting and handed out an agenda.
Approval of Minutes: Motion: Moved by Andrew to approve the minutes.  Seconded by Kathy. Motion carried.
Treasurer report:
A copy of the Treasurer’s report was handed out.  Three new membership payments had been made since the last meeting.  This brought up the topic of the PayPal account.  There is $100 in a PayPal account that needs to be requested to be put into the HLA bank account.  The PayPal account as set up by Mona Carter and the HLA does not have any official information from PayPal about accessing money.  Andrew will contact Mona Carter on retrieving the PayPal information.  Kathy suggested putting the names of the new members on the Treasurer report.  Harry requested a process for new membership so that everyone has an updated list of membership.  Andrew will become the Membership Chair.  Andrew will receive membership payment information from Harry and Andrew will update a membership list.  Duane questioned if people received receipts, Kathy gave people receipts and now Harry sent out invoices.  Harry also suggested having a membership card for each member’s information so if information is missing, there would be an easy way to find out how to contact the member.  Motion: Moved by Kathy to approve the treasurer report.  Seconded by Andrew.   Motion carried.  

New business:
Software Available for Management of Rentals

  • Duane said that some landlords are wondering what type of software programs do other landlords use. He then asked everyone what they used.  Kathy uses Quicken Premier Business Version and keeps a spreadsheet.  Jeff J. made his own system using his Canon scanner that has a program for rentals that is linked to each person’s file.  He also uses Excel.  Harry uses QuickBooks and mentioned that it does everything.  He has it setup to categorize each property by class and it integrates into the checkbook.  He also mentioned it was very simple and easy to use.  Andrew uses Tenant File.  Duane questioned if this was a good topic for discussion at the general meeting.  Andrew said it might be a good topic and Jeff J. suggested that a 10 minute tutorial might be helpful.

Implications of partial Payment of Rent/Evictions

  • Duane knows someone who has a tenant who wants to pay partial payment and Duane couldn’t remember the details.  Kathy explained that if you accept partial payment, you might not be allowed to evict the tenant.  She went on to say that accepting a partial payment is problematic and you might be obligated to accept a partial payment again.  This issue is something to have as a clause in the rental agreement and you should get a signature.  She suggested that this topic was something that could be discussed further.

Number of non-related occupants (ASAP)

  • This topic was brought up at the last meeting by John Peterson.  Right now the number of non-related occupants allowed in one unit is 4. Some people feel that if there is adequate parking and extra bedrooms, more than 4 non-related people should be allowed to live in one residence.  Kathy talked to Jerry Linke (city inspector) and he agrees that the ordinance is not good and if there is adequate space, fill it.  He wanted just 1 parking space per bedroom and he mentioned that the city is trying to compromise.  It was also cleared up that significant others count as family.  Harry suggested asking the membership what that wanted to do as in taking a stance.  The Joint Planning Board is going to make a decision and Harry suggested that someone could join the task force focused on rental property (including this issue).

Agenda for April Meeting

  • Duane asked what would be discussed at the April General Meeting.  Kathy suggested inviting people from the Joint Planning Board and the City to give an update on the non-related occupants capacity issue.  A representative from both would be important to have because the Joint Planning Board determines the parking decision and the City of Bemidji determines the occupant number decisions.  Kathy suggested inviting Mayana from the Joint Planning Board and either Mike from the City or the City Manager (Harry suggested getting someone who has the authority and who was at the meeting).  Lorrie asked if the HLA should take action before the general meeting to see what was happening.  Duane brought up the point that there are two sides to this story – some have extra space, but others see it as an overcrowding, noise and parking issue.  He said we need the input of members and Kathy agreed.  Duane said that maybe the HLA doesn’t need to take a stand on either side of the issue, but keep the membership informed on the issue.  

  • Kathy suggested going back to the original plan for the meeting’s agenda, which was marketing and selecting good tenants.  The HLA could still invite Mayana and the city representative as well for an update.

  • Duane informed the group that the Beltrami Electric meeting room was already taken for the 3rd Thursday of April.  The Board decided to do the meeting a week later (April 25th) and Duane called to reserve the room.  The next general meeting will be April 25, 2013 at Beltrami Electric, 7 pm.

  • Kathy reminded everyone of the email she sent out earlier about the Fair Housing Seminar at Beltrami Electric on April 19, 2013.  The cost is $59.  

  • The agenda will be finalized at the next Board meeting.

Old business:
County Surveys

  • Duane hasn’t heard anything back about the surveys, but it sounds like the county is not going to pursue it.

Fire in the Home

  • Duane hasn’t heard anything from KARE and they do not return his phone calls.  The Bemidji Fire Chief hasn’t heard anything either.  Duane does have the program recorded on this DVR, so he is going to try and get it recorded onto a video tape via his VCR.

Tax Filing

  • Harry asked if we are required to file anything for taxes. Kathy said she has talked to Mark Elliot and hasn’t heard back from him about last year’s taxes, so it hasn’t been done. Taxes have to be reported or we lose non-profit status. Mark has all the information for 2011 taxes, so Kathy suggested having him file 2011 and 2012.  Duane will talk to Mark Elliot tomorrow.

Trifold Vendor Brochures

  • Lorrie updated the Board on the brochures.  She asked for an approval to have $100 to spend to pay for the brochures.  Motion: Moved by Kathy to authorize printing of vendor brochures at a cost not to exceed $100 executed by Lorrie. Seconded by Andrew.  Motion carried.  

Membership Certificates/Cards

  • Andrew passed around membership card samples.  Most members liked the card with the darkest watermark.  He also showed a certificate example.  Members suggested adding an expiration date and to have the words “President” and “Vice President” under the lines to be signed.  The certificates should also be on cardstock.

Announcements:
Next BOD meeting: March 21, 2013, Cabin Coffeehouse and Café, 3:00 pm
Next general meeting: April 25, 2013, Beltrami Electric, 7:00 pm
Adjournment: The meeting was adjourned at 4:23 pm.  

Minutes submitted by Jessica Sarauer.

January Quarterly General Meeting Minutes

Minutes of Headwaters Landlord Association Quarterly General Meeting


Date: January 24, 2013

Call to order: A quarterly general meeting of the Headwaters Landlord Association was held at Beltrami County Electric, Bemidji, Minnesota on January 24, 2013. The meeting convened at 7:03 pm, President Duane Sea, presiding, and Jessica Sarauer, note taker.
Board Members in attendance: Andrew Erholtz, Terry Duy, Kathy Guess, Duane Sea
Board Members not in attendance: Jeff Janiksela, Lorrie Richardson (excused), Harry Aylesworth (excused), Jeff Grabowski (excused)
Welcome: Duane welcomed all members to the meeting, thanked them for coming, and handed out an agenda.
Approval of Minutes: Duane mentioned that last meetings minutes were posted on the website.
Treasurer report: Duane gave an update on the treasurer’s report.  There is a balance of $1637.00.  He also told the members that the Board voted to not use a banner ad to advertise for this general meeting.
Membership Report Update:  Terry gave an update on the membership.  The Association has taken in a few new members, one even joined online using the website.  Most previous members have renewed their membership, but some are no longer interested.  As of this meeting there are 54 paid members.  Duane mentioned that membership can be difficult to maintain, but he thought the HLA was doing well.  He said that a way to get more potential members would be by asking the city of Bemidji for an updated list of landlords and property managers.  
Panel discussion: What I learned from, How to be the Smartest Tenant on your Block
Duane and Harry went to the Evergreen Conference and received a book that informed them about a lot of issues landlords should be aware of.  Duane, Kathy, and Andrew all presented things that they learned from the meeting (Duane) and from reading the book (Kathy and Andrew).  
Duane talked about month-to-month leases and there was a discussion on what others in the crowd did and why.  His next topic was also about leases, he informed the group that you must return a copy of the lease to the tenant and if you do not, no part of the lease is valid (he also emphasized having the tenants sign off that they got the lease).  He next talked about repairs and that the landlord has 14 days from the time the landlord is notified of the problem to respond and Kathy informed everyone that if you don’t respond, the tenants can escrow the rent.  The last thing Duane mentioned was pertaining to snow removal and lawn care.  If a landlord requires a tenant to do snow removal and lawn care they must compensate the tenant at fair market value and it is recommended that the landlord have a worker’s compensation policy if the tenant were injured while doing snow removal and lawn care activities.
Andrew made a disclaimer that anything said here is not legal advice and Kathy added that we all have expertise and flaws.
Kathy spoke next and informed everyone of what she includes for clauses addendums on her lease.  She handed out a copy of the list, a copy of the Crime Free/Drug Free Addendum, and a lead-based paint disclosure form.  The addendums she puts on her leases are the lead-based paint disclosure form (she also hands out the colored booklet), the Crime Free/Drug Free Addendum, a copy of the city of Bemidji rental permit, and a move-out cleaning list.  The Crime Free/Drug Free Addendum is required by the City of Bemidji, and the Lead-based paint disclosure and booklet are required by the state for rentals built before 1978.  The move-out cleaning list sparked discussion into what you can take out of a security deposit and about fee schedules for cleaning.  It was determined that is best to have a set fee.  To give yourself enough time to clean up after a tenant who did not do the best job cleaning, Andrew mentioned having an 11 am checkout time and a 3 pm move in time the next day, so you have an entire day to clean things up.  Kathy also mentioned the clauses she puts on her lease – she has a 3 day notice to evict that she has the landlord and tenant sign, she has a $50 deduction from deposit if rental permit is missing (the cost of obtaining a new permit), and a clause saying that tenants must comply with all regulations of the City of Bemidji Rental Housing Ordinance.
Andrew talked about an experience with noise trouble.  He has his tenants sign that they will be quiet after a certain time and won’t have parties.  Other neighbors complained about noise levels (twice), so Andrew had them fill out a complaint form and Andrew took that over to the noisy neighbors.  He was able to evict them within days.  He stated that it is best to sign a mutual contract of breaking the lease instead of eviction and Kathy added to try to settle without going to court.  Andrew’s next topic was carpet cleaning and what you can charge for.  You can’t charge for cleaning if the damage is normal wear and tear.  Kathy added that you can’t have a pre-determined fee from a security deposit.  Duane emphasized on stating things as fees because deposit means that some money will go back to the tenant.  
Duane mentioned that you can never profit from penalizing your tenants.  If you have a bounced check, you cannot charge over $30.00 and if your rental permit is missing, you can only charge $50.00.  Andrew also stated at when charging late rent fees, Minnesota statute allows only up to 8% of what is unpaid of the rent (for one month).  Terry asked if there was a quick eviction for pet infractions and Kathy mentioned the best way is to take action right away and give a written notice.  Duane said it is harder to prove for unauthorized people living in the house. The last thing mentioned in the panel was shared meters for electricity and gas.  Duane says that if you charge the tenant, you have to have in the lease how you are going to apportion the charges and you have to provide history of the charges.  He also mentioned that if you have tenant pay for gas and electric, and there is someone else on the meter (not paying), the landlord can face a penalty of $500 and three times the amount the tenant paid.  
The book discussed in the panel can be purchased for $20.00.

Old Business:
Associate Membership

  • When Associate members join, their membership will go through June 30, 2014.  This needs to be changed on the forms.  Terry will make the changes on the forms.

Next Meeting
The next general meeting will be April 18, 2013 at Beltrami Electric at 7 pm.  The next Board of Directors meeting will be February 21, 2013.

New Business:
CRP Forms

  • The CRP forms need to be out by the 31st of January.

Minnesota Energy Resources 4U2 Program

  • Kathy introduced the Minnesota Energy Resources 4U2 Program and explained the program. It is a tenant’s income-based program that will give up to $5000.00 for improvements (there might be a $150 copay).  All they have to have to apply is a copy of a recent energy bill, verification of income, and a permission letter from the landlord.  Kathy has received a new water heater and an insulated attic in some of her rentals and one of Andrew’s rentals got a new boiler.

  • Kathy also mentioned a new program for buildings with 5 units or more. In this program the landlord can volunteer to have an audit and the company will do the audit, give you $150.00, and also give recommendations of what you can do to make your building more energy efficient. Andrew will email the Minnesota Energy Resources 4U2 Program application, the lead booklet, and info for getting the panel discussion book to all members.

County Survey

  • Duane handed out a letter from the County Assessor’s Office that he received. The letter inquired about rental units and rental levels.  Duane said there is no obligation for landlords to fill this survey out and send back.

Fire in the Home

  • Duane saw this program on KARE and requested a DVD.  From this program Duane learned that grease fires have a higher rate of incidence in apartments and rentals in general.  This program also gave a lot of tips on fire prevention. He mentioned a product called Stove Top Fire Stop, which consists of two little canisters on the stove vent that automatically go off when there is a fire.  Each costs $25 dollars, but the HLA could work with the Fire Department and get a grant to get these for members (could possibly get Stove Top Fire Stop for all people who want them as well). HLA is going to work with the Fire Department to find a grant to give the Stove Top Fire Stops.

Number of Tenants Limit

  • John Peterson spoke with the city inspectors (Mike Miller, Jerry Linke, and Joe Swenson) about increasing the number of tenants allowed to live in one house because of rising utility cost.  As of right now, only 4 unrelated people can live in a house, even if there are more bedrooms and room in general to fit more people.  The city inspectors agreed with John that suggested that the HLA could come up with something to present to the City Council, maybe the rule could be changed.  John said he could get tenants to come to the meeting in support and Kathy mentioned getting realtors involved.  Duane said the Board of Directors will take up John’s request.

Announcements:
Next BOD meeting: February 21, 2013, Cabin Coffeehouse and Café, 3:00 pm
Next general meeting: April 18, 2013, Beltrami Electric, 7:00 pm
Adjournment: The meeting was adjourned at 8:44 pm.  Motion: Moved by Terry to adjourn.  Seconded by Kathy.   Motion carried.

Minutes submitted by Jessica Sarauer.

January Board of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: January 17, 2013

Call to order: A Board of Directors meeting of the Headwaters Landlord Association was held in The Cabin Coffeehouse and Café, Bemidji, Minnesota on January 17, 2013. The meeting convened at 3:06 pm, President Duane Sea, presiding, and Jessica Sarauer, note taker.
Members in attendance: Andrew Erholtz, Terry Duy, Kathy Guess, Duane Sea, Lorrie Richardson, Harry Aylesworth, Jeff Grabowski

Members not in attendance: Jeff Janiksela

Welcome: Duane welcomed all members to the meeting and handed out an agenda.
Secretary report: Harry passed around a copy of the minutes.  Motion: Moved by Duane to approve the minutes.  Seconded by Harry.   Motion carried.
Treasurer report: Harry provided a copy of the Treasurer’s report.  Since the last meeting, eight more members have renewed their memberships by paying dues. Motion: Moved by Andrew to approve the treasurer report.  Seconded by Terry.   Motion carried.

Old business:

Membership Report Update

  • Not all old members have renewed their dues.  It was suggested the Board members could call those you have not renewed and encourage them to come to the general meeting, join again, and determine why they have not renewed their membership.  A list of these members will be put together and the Board members will call non-renewed members.

Meeting Comments Disclaimer

  • At the beginning of the next general meeting a disclaimer will be stated concerning comments from members to notify the general membership that the comments from members are their own personal opinions, biases, and experiences, and are not necessarily the stance of the Headwaters Landlord Association.

Banner Ad

  • A banner ad for the quarterly meeting would cost 200 dollars.  The Board decided to not have a banner ad for this meeting, but to call members, email members, and update the website about the next meeting.  Terry will call members on Monday.

Agenda for January 24 Quarterly Meeting

  • The panel will consist of Kathy and Duane and Andrew will be the moderator.  They were unable to meet before this meeting, but will meet Monday at 11 am at the Wild Hare Bistro.

  • Topics

    • Leases and Leasing (Clauses you need in leases to protect yourself)

Snow removal and lawn moving issues

Security deposits and interest on deposits

Lead Disclosure

Address posting in rental agreement for evictions

Tenant’s Rights Handbook availability

Notices for lease renewal

Taking fees from security deposits

    • Minnesota Energy Resources 4U2 Program

Policy changes

    • Crime Free/Drug Free addendum

  • Handouts to members will include a list of topics, Minnesota Energy Resources 4U2 Program application, and Crime Free/Drug Free literature.

  • Lorrie inquired about group communication.  Suggested communication types include email, webpage, Facebook, phone calls, etc. Harry mentioned that Facebook can get very time consuming.  Kathy suggested asking the membership at the next meeting.

  • The Board will collect the numbers of rental units that the Headwaters Landlord Association represents anonymously from each member.  Members can elect out of sharing this information.

  • Others topics that won’t be covered at this general meeting, but are potential for the Spring meeting are screening, marketing, and evictions.

Brochures

·         Lorrie updated the Board on the membership brochure.  The committee is attempting to have a booklet ready by the general meeting.  The booklet will be mailed to members when they pay their dues, along with the booklet will be a membership card and other information. 

·         Lorrie was wondering if the HLA member’s names and contact information could go into the booklet.  Kathy suggested asking the membership at the next meeting to see if they would be willing to share their information in the booklet.  Harry suggested getting this information (phone number, address, email, etc,) from sending about a membership form.  A presentation will be given at the general meeting about the renewal membership package during the new business portion of the meeting.

·         The booklet timeline is as follows: introduced at January meeting, membership information filled out at April meeting, those who don’t come to that meeting will be emailed the membership form, and those you don’t respond via email will be mailed the form.

·         Harry suggested allowing associate members to put an ad in the booklet.

·         The vendor brochure will not be ready by general meeting.  The vendor brochure will be a trifold brochure with the third panel being an application (removable with a perforated edge).  They are printing 250 vendor brochures that the Board members will handout to potential vendors.  The vendor brochures will be available for general member distribution at the April 18th meeting.  Andrew mentioned he would be willing to type of a quick vendor brochure for the next general meeting.

New business:

County Survey

·         Duane handed out a letter from the County Assessor’s Office that he received.  The letter inquired about rental units and rental levels.  Duane said there is no obligation for landlords to fill this survey out and send back.

Fire in the Home

·         Duane saw this program on KARE and requested a DVD.  From this program Duane learned that grease fires have a higher rate of incidence in apartments and rentals in general.  This program also gave a lot of tips on fire prevention.  He mentioned a product called Stove Top Fire Stop, which is two little canisters on the stove vent that automatically go off when there is a fire.  Each costs $25 dollars, but the HLA could work with the Fire Department and get a grant to get these for members (could possibly get Stove Top Fire Stop for all people who want them as well).  The Board will ask for support for the grant at the next general meeting.  There could also be a showing of the video at a meeting (Harry mentioned showing the video before the meeting at 6:30) if there is interest.  Other areas of concern for fire in the home include Christmas trees and candles.

Spring Quarterly General Meeting Date

·         The Spring Quarterly General Meeting date has tentatively been scheduled for April 18, 2013 at Beltrami Electric at 7:00 pm

Announcements:
Next BOD meeting: February 21, 2013, Cabin Coffeehouse and Café, 3:00 pm

Next general meeting: January 24, 2013, Beltrami Electric, 7:00 pm
Adjournment: The meeting was adjourned at 4:25 pm.  Motion: Moved by Harry to adjourn.  Seconded by Andrew.   Motion carried.


Minutes submitted by Jessica Sarauer.

December Board Of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: December 13, 2012

Call to order: A Board of Directors meeting of the Headwaters Landlord Association, was held in The Cabin Coffeehouse and Café, Bemidji, Minnesota in December 13, 2012. The meeting convened at 3:10 pm, President Duane Sea, presiding, and Jessica Sarauer, note taker.
Members in attendance: Andrew Erholtz, Terry Duy, Kathy Guess, Duane Sea, Lorrie Richardson, Harry Aylesworth
Members not in attendance: Jeff Janiksela, Jeff Grabowski
Secretary report: Approved via email.
Treasurer report: Harry provided a copy of the Treasurer’s report.  He passed around a copy of the invoice he will be sending out to previous members who have not yet renewed their dues. He is still waiting on the letter to include with the invoice.  Andrew will send the letter to Kathy and she will edit as soon as possible and send it to Harry so he can get the invoices out this weekend.  It was also suggested that Harry would add something in the memo line about paying before the end of the year to get a 2012 tax deduction.  Motion: Moved by Kathy to approve the treasurer report.  Seconded by Duane.   Motion carried.

New business:

Evergreen Conference

Harry and Duane went to the conference.  The main speaker was a tenant attorney from the Twin Cities.  Harry found it interesting and well worth going to the seminar.  The attorney brought up issues that were unknown to the attendants.  For example, they learned that you can’t have a carpet cleaning fee taken from the security deposit, but you can charge it as a separate fee.  Another issue they learned about was snow removal and lawn care.  If a landlord requires a tenant to do snow removal and lawn care they must compensate the tenant at fair market value and it is recommended that the landlord have a worker’s compensation policy if the tenant were injured while doing snow removal and lawn care activities.  Kathy then explained worker’s compensation policy and said that most insurance brokers can set you up with that.  They also learned about 60 day leases and requirements for notices and terms.  The attorney recommended a lease that he from the Minnesota Bar Association.  This lease lays out specific rules that are important (i.e. if the landlord pays utilities and collects money from tenant for the utilities, they have to show new tenants the last year’s utilities costs).  Duane thought the membership of the Headwater’s Landlord Association should be informed of the information learned at this conference and a lot of the topics will be covered at the next general meeting.  The attorney sold a book, How to be the Smartest Tenant on the Block, and Harry bought a copy and will let others borrow it.  Kathy and Duane will use the book as a reference for the information covered at the next general meeting.  Lorrie suggested having a link to this book on the webpage as well as possibly having copies available to purchase at the next general meeting.

Crime Free/Drug Free

Harry went to the Crime Free/Drug Free training offered by the city.  He thought the training was okay, but was not impressed with the answers given to questions asked.  The Fire Chief did give some good information about fire extinguishers.  Fire extinguishers need to be inspected every year and the inspection needs to be documented. The Chief gave tips on inspecting them yourself (this is for a single family home, Harry was not sure if self-inspection was applicable for multiplexes). 

Old business:

Next General Meeting Date

  • The next meeting date was set for Thursday January 24, 2013 at Beltrami Electric at 7:00 pm.  If this date is unavailable, January 31, 2013 will be the backup date.

General Meeting Agenda Topics

  • Leases and leasing will be the main topics of the next general meeting.  The book from the Evergreen Conference will be used to come up with a handout of what will be discussed.  Kathy and Duane will get the handout together.

  • Other potential topics to bring up during the meeting were crp reminders (if not sent out there is a $100 penalty), certified mail information, reminder about crime free/drug free addendum, and reasonable charges.

  • The format of the meeting will be a discussion with a mediator and panel of speakers.  Andrew will be the mediator. 

  • The membership will also get a chance to write down what they would like to learn more about

  • Terry brought up a scamming situation that he had heard about (people pretending to be landlords to get security deposits by having a key and giving tours, but not actually being a landlord).  Andrew knows how to recognize scams on Craigslist and will give a presentation about that as well as advertising rentals (Craigslist, BSU website, Northwoods LLC., etc.) at a general meeting.  Tenant marketing, screening, and applications will not be the focus of the next general meeting, but will be in the future.

  • Harry went to the committee meeting with the landlord group and the city and learned that the city had a great deal of interest in coordinating with the HLA.  They would like to do some shorter seminars on different topics.  Laura Straw would like to do a meeting about Section 8 Housing because there is a lot of misunderstood information about Section 8.  The Board members thought this would be a good general meeting topic for the future.

  • Agenda will be finalized at next Board of Directors Meeting.

Emails

  • Kathy suggested including the Associate Member list to every email that is sent out.

Project Reports

  • Andrew made up a certificate and membership card.  Everyone liked the design and the only request was that the picture in the background be made a shade or two darker.

  • Terry got the letter to be included with the invoices to Andrew, but it did not get to Harry.  Kathy will be forwarded the letter and will get it to Harry this weekend.

  • No report from the Preferred Vendor Committee.

  • No report on the handbook/brochure.

Miscellaneous 

  • Andrew mentioned that fire extinguishers needed tags to be on there and the seal cannot be broken.  Kathy wondered if the Fire Chief would write up something about this.  Harry mentioned that the Fire Chief was very proactive and would write letters to tenants about taking batteries out of smoke detectors and would probably write something up about fire extinguishers.

  • Andrew was wondering if fellow board members were getting emails about people looking for places to rent.  Everyone said they were getting the emails.

  • Andrew had someone call him about an issue he was having and Andrew wanted to know if anyone knew the solution.  The situation was from a person who was renting from someone else.  The landlord has a propane tank, but refuses to pay for it and the renter has all of his utilities included with the rent.  The renter was told to use electric space heaters and he is having trouble heating with only space heaters and was wondering if this is legal.  No one on the board knew for sure if this situation is okay.

New Rental Permit Registrations

  • Harry brought up the fact that the city of Bemidji has had over 100 more new rental registrations and will continue to have more as the annexed area will have to be registered.  He thought if we network with the city we could potentially have the city hand out our (in the works) pamphlet/brochure about becoming a member.

Membership Drive

  • Kathy suggested having a membership drive in March to include the new registrations.

Announcements:
Next BOD meeting: January 17, 2013, Cabin Coffeehouse and Café, 3:00 pm

Next general meeting: January 24, 2013, Beltrami Electric, 7:00 pm
Adjournment: The meeting was adjourned at 4:39 pm.


Minutes submitted by Jessica Sarauer.

November Board of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: November 15, 2012

Call to order: A Board of Directors meeting of the Headwaters Landlord Association, was held in The Cabin Coffeehouse and Café, Bemidji, Minnesota on November 15, 2012. The meeting convened at 3:06 pm, Vice President Kathy Guess, presiding, and Jessica Sarauer, note taker.
Members in attendance: Jeff Grabowski, Andrew Erholtz, Terry Duy, Kathy Guess, Lorrie Richardson, Harry Aylesworth
Members not in attendance: Duane Sea, Jeff Janiksela
Secretary report: Motion: Moved by Andrew to approve the minutes from the last
meeting. Seconded by Harry. Motion carried.
Treasurer report: Harry provided a copy of the Treasurer’s report and reported that two new memberships were received today. Bills from the Bemidji Pioneer (for the banner ad) and for the meeting room rental have not been received yet.
Motion: Moved by Andrew to approve the payment of the pending bills to Bemidji Pioneer (as well as to approve the paying charge increase of $50), the meeting room rental, and to Jessica Sarauer. Seconded by Jeff G. Motion carried.
Old business:
Networking open rentals
• People who are looking for rentals can send Kathy an email and she will forward the
information to the secretary (Terry) who will send (email) the person’s information out to the current membership. Jeff G. recommended putting a disclaimer in the email stating that the Headwaters Landlord Association has not screened the person.
Political Forum review
• Board members who were present thought the political forum successful and that
everyone who participated was positive, but there was poor attendance from the
membership. It was an educational opportunity for both HLA members and for the City
Council candidates.
Membership Renewal Letters
• Harry will be sending out renewal notices to members who have not paid dues for this
year. Terry and Andrew will be working on a flier to go along with the letter explaining
why people should stay involved. They will send the flier to Harry and he will include it
with the bill memo. The letter should be in the mail on December 1, 2012.
New business:
Minnesota Energy Resources 4U2 Program
• Andrew was in contact with Jesse Robinson from Minnesota Energy Resources. They
are working with low income tenants (who are paying the utility bill and the energy
source is natural gas) to insulate houses. Minnesota Energy Resources will do up to
$5,000 worth of work. There is an application that needs to be filled out by the tenant
(it gives Minnesota Energy Resources permission to look at the house’s insulation).
Andrew passed out the information to the other Board members and also will email that same information to them.
Motion: Moved by Harry to send the Minnesota Energy Resources information out to the
HLA members. Seconded by Jeff G. Motion carried.
Membership cards
• Andrew suggested that the HLA send out a membership certificates to new members with their name and paid through date. Other members suggested that instead of a certificate, a card could work better. The card will be made of cardstock (supplied by Harry) and will be sent to the membership. The card will be helpful when identifying oneself as a HLA member to Associate members. Andrew will draft a membership card and send it out to the other Board members for approval. He can also draft a certificate to discuss at the next meeting if he chooses.
Motion: Moved by Andrew to approve HLA issuing membership cards to paid members
with design to be chosen by committee. Seconded by Terry. Motion carried.
Handbook

• Lorrie thought a handbook would add value to membership. The handbook could be a
one page brochure that would include information about the HLA (taken from bylaws)
in an easy to access format. Kathy suggested using the graphic from the website on the
handbook (the “for rent sign”). Lorrie will design the handbook.
Vendor Program
• Kathy suggested giving current vendors (associate members) memberships through
July 2014 at no cost because the Board will need another six months to figure out the
exact details of the vendor program. Having lifetime vendor membership was tabled.
Current vendors are listed on the website homepage with a contact phone number. Kathy suggested the application include a part for the vendor to describe their services, provide a website link, and email address.
Motion: Moved by Harry to approve extending current vendor members and others
who get a membership within the next six months until June 30, 2014. Seconded by Andrew. Motion carried.

Andrew suggested putting something in print of what the HLA associate membership
offers to vendors. Kathy suggested forming a committee that reports to the Board
monthly.
Motion: Moved by Terry to form a vendor committee of Andrew, Terry, and Lorrie.
Seconded by Harry. Motion carried.

The vendor committee will design a brochure to give to potential vendors. The
brochure will include benefits for vendors including website exposure, showcase at
general meeting, email list, mailing list, members will have form of identification, and
membership through June 30, 2014. Lorrie knows someone who can help with brochures (we could offer her half price membership). The vendor committee will also review
the vendor application. An internship was also suggested as a way to get advanced web
design accomplished (such as using a vendor’s business card as the link to their website).
It was requested that the vendor committee notify the other Board members of their
meeting date, time, and location so they can stop by if they wish.
Upcoming workshops
• Harry is going to the Evergreen Housing presentation tomorrow.
• The city of Bemidji is hosting another Crime Free/Drug Free class on December 3 rd.
Announcements:
Next BOD meeting: December 13, 2012
For next meeting: Think of a good way to format the January general meeting and of what topics
to cover (i.e. rental agreements, security deposits, etc.)
Adjournment: The meeting was adjourned at 4:27 pm.

Minutes submitted by Jessica Sarauer.

October General Meeting Minutes

Minutes of Headwaters Landlord Association General Meeting

Date: October 25, 2012

Call to order: A general meeting of the Headwaters Landlord Association was held in Beltrami Electric Cooperative conference room, Bemidji, Minnesota on October 25, 2012. The meeting convened at 7:09 pm, President Duane Sea, presiding, and Jessica Sarauer, note taker.
Officers in attendance: Duane Sea, Andrew Erholtz, Kathy Guess
Officers not in attendance: Jeff Janiksela, Jeff Grabowski, Terry Duy, Lorrie Richardson, Harry Aylesworth
Political Forum – Mayoral and City Council Candidates
Duane Sea and Andrew Erholtz moderated the forum.  Candidates in attendance were Michael Meehlhause (Ward 1), Derrick Houle (Ward 1), Nancy Erickson (Ward 5), and Rita Albrecht (Mayor).  The following is the script (with questions) of the forum.

The Headwaters Landlord Association believes that some members of the current City government strongly oppose additional single family rental housing in the City of Bemidji.  A moratorium was proposed that would have halted any single family house from being converted into a rental as the City of Bemidji studied the issues.  It was anticipated that this moratorium would last one year or longer.  In response to strong public opposition, the moratorium was not passed.  Shortly thereafter, it was decided that there were many problems with rentals in Bemidji that could not be adequately addressed with the existing rental ordinance.  A new ordinance was proposed that included a $1,000 conversion fee when a single family house was converted to a rental home.  Public hearings began and the City again found strong public opposition.  The final ordinance, as passed, included a first time rental permit fee of $500 that includes the first year’s license of $100 for a single family unit.
                The HLA believes that this extra $400 fee is punitive fee to discourage single family rentals.  This punitive fee negatively affects homeowners as well as investors.    At a time, when we are in what has been called an unprecedented crisis of foreclosures, the City of Bemidji should seek to prevent foreclosures.  Homeowners who must move can seldom afford to support two homes.  In today’s market, the house may not sell at the price or in the time the homeowner needs.  That homeowner may decide to rent the house rather than go into foreclosure.  The extra $400 conversion fee can be a barrier for an already financially stressed owner.
                If a foreclosure occurs, the City should seek to have the property sold and occupied as quickly as possible.  Some foreclosures will be sold to owners who will live there.  Many foreclosures, however, need work and are not in financeable condition.  They require a cash buyer who has the resources to buy and invest in the property to bring it up to the standards the City requires for rental properties.  If investors are discouraged by the attitude of the City toward single family rentals and the punitive fee, the alternative may be that the property is left vacant for an extended time and continues to deteriorate.

Question 1: As an elected member of City government, would you support changing the $500 first time rental permit fee and what would you support as a replacement?

The rental ordinance was proposed and passed in 2011 to give the City tools to correct issues with rentals.  Many landlords felt if the existing ordinance had been uniformly enforced, the ordinance would have required only minor changes.   Many issues were discussed by City staff and elected officials (not read to the candidates).

Question 2 to our incumbents: As a member of City Government in 2011 what rental housing issues did you believe needed to be addressed when the rental housing ordinance was drafted; and, 1 year after adoption, is the ordinance working and do you feel it is being enforced?  If not, what would you propose as a solution when the ordinance is scheduled to be reviewed in a year?   

Question 2 to candidates: what rental issues do you feel exist and what solutions would you propose?
Some of our members have owned rentals in the City of Bemidji for decades.  We do not feel the City welcomes or supports our investment in single family rentals.  Many people become tenants because either they cannot or do not want to buy a house.  Often, they would prefer to rent a single family house in which to raise their family rather than an apartment building.  They are not automatically second class citizens of Bemidji.  If a rental house sits next to an owner occupied house with the same assessed value, please recognize that we pay more taxes.   We also pay 1.5 times more for the storm water fee each month than our neighbors. Why?  According the City building department, there are approximately 2700 rental units in Bemidji.  Of that 2700, 673 or 25% are single family homes.  Yet this 25% pays 67% of the rental permit fees collected.    The annual cost of a rental permit doubled with the new ordinance for single family rentals.  The rental permit used to be $150 for three years, or $50 per year for one unit.    A single family house now pays $100 per year.  Currently, a 10-unit building pays only $15 per unit per year.   Rental permit fees in Bemidji are so disproportional that we are discouraged.   

This month, a board member was personally told by a City Council person that the landlords say they are offering a service, but really they just want to buy as cheap as possible, put as little as possible into the property as they can, get as much money out of the property as they can, and do not care who they rent to or what the tenant does after they are in the property.  As with any group, there are a few bad landlords and a few bad tenants.  However, to express that attitude toward ALL rental property owners was very biased.  Most of us do our best to take care of our rentals and our tenants and maintain a good relationship with City employees and the City Council.


Question 3:  Some of us plan to buy other single family homes as rentals.  If the City does not welcome or support our investment in single family rentals, should we buy in the City of Bemidji or would you prefer we invested in a surrounding town or a township instead, and why?


Question 4 (submitted by John Peterson): How do you feel about more than 4 non-related tenants in a home, for larger homes with adequate bedrooms and parking?  Mike Miller tried presenting to the city council and was shot down.  I have a 5 bedroom home with parking for 8, and tenants are paying more in utilities, and is not the greatest use of the property.  Not trying to cram more, just using the property as efficiently as possible.
The candidates then visited with members from 8:20 to 8:35.
Business Meeting
Landlord & Property Manager Training: Becky Schuller, who works with Evergreen Youth and Family Services, handed out a flier and invited everyone to a Landlord & Property Manager Training on November 16, 2012 at First Lutheran Church.  The training is designed to be informational and to provide resources.  The early bird cost was $10 before October 15, 2012, but $50 after.  (If the $50 fee was a burden, Becky said to call her and work something out).
Crime Free/Drug Free Multi-Housing: The Bemidji Police Department will host a Crime Free/Drug Free Multi-Housing course Monday December 3, 2012 from 8am to 5pm.  The fee is $40.  Duane went earlier this year and found it to be worthwhile and informational.  The course goes over spotting drug use and drug addicts, how to handle drug use, crime proofing housing, ordinances, how to research applications and do your own background checks, and more.
Leases: All new leases need a crime free/drug free addendum and all existing leases need to have the addendum by the end of the year.  Andrew will email this information to all current members and this issue as well and others will be discussed at the next General Meeting.
Secretary report: Andrew read the minutes from the last general meeting.
Motion: Moved by John Peterson to approve the minutes.  Seconded by Paul Hofland.   Motion carried.
Lawsuit Update: The lawsuit was neither won nor lost (but we did lose the money paid in fees).  It was referred to District Court.  It may cost $10,000-$15,000, if represented by an attorney, to go to District Court.  The Board of Directors did think about having the HLA pay the fees to have Darrell Carter go to District Court (and represent himself), but he was not interested.  The letter was put in the Bemidji Pioneer to show that we didn’t lose the case, as the article in the paper implied.
Security Deposits: Duane asked how people paid security deposits and damage deposits.  The rule is that you have 21 days to pay back the deposit, otherwise you owe the tenant double.  Duane learned this from personal experience and shared that experience.  This issue will be discussed further at the next General Meeting.
Announcements

    The next Board of Directors meeting will be 3:00 pm on Thursday November 15, 2012.
Adjournment: Meeting adjourned at 8:56.

Minutes submitted by Jessica Sarauer

September Board of Directors Meeting Minutes

Minutes of Headwaters Landlord Association Board of Directors Meeting

Date: September 27, 2012

Call to order: A Board of Directors meeting of the Headwaters Landlord Association, was held in The Cabin Coffeehouse and Café, Bemidji, Minnesota on September 27, 2012. The meeting convened at 3:06 pm, President Duane Sea, presiding, and Jessica Sarauer, note taker.

Members in attendance: Duane Sea, Jeff Grabowski, Andrew Erholtz, Terry Duy, Kathy Guess, Harry Aylesworth

Members not in attendance: Jeff Janiksela, Lorrie Richardson

Minutes last meeting: Minutes were emailed to Board members, but were not posted on website. Motion: Moved by Kathy to approve minutes by email. Seconded by Jeff G. Motion carried.

Treasurer report: Harry gave the treasurer report with today’s balance of $1675.11.  He reviewed withdrawals to Duane Sea ($100), Bemidji Pioneer ($200), and Red Zest Design ($450.38, which was $68.38 over budget) and a deposit from Mark Dickinson for $50. 

Motion: Moved by Kathy to approve the report and to reimburse Lorrie Richardson for $100 for prepaying Red Zest Design.  Seconded by Terry. Motion carried.

Old Business/Lawsuit

·         The lawsuit was unsuccessful.  The Association should have a formal response to the decision.  Duane handed out a potential response for a letter to the editor.  Options suggested were a letter to the editor, press release, display advertisement, or sitting down with a reporter for an article.  It was decided to write a letter to the editor. Kathy will put together a response using Duane’s letter and a response from Jeff G.  She will send it out to the other Board Members for review before sending to the Pioneer.

·         To file in District Court (for appealing), it would cost $350.  The Board discussed potentially helping members carry on, but could only help with possible court fees and not the $5,000-$10,000 legal fees.

Agenda Oct. 25th Meeting

·         City Council candidates and mayor candidates will be coming to the General Board Meeting.  Duane wants to have a format of the meeting and questions to help the candidates prepare.  Duane will invite all candidates to the meeting and email the Board members of who will be attending.

·         Each candidate will be given three minutes to explain their overall view of housing in Bemidji and how rental properties fit in.

·         There will be three moderators asking questions during the meeting. Duane, Kathy, and Andrew will be the three moderators and will meet next week to go over questions.

·         Questions will be limited to housing related issues and will need to be submitted before the meeting starts. Questions from members can be mailed, emailed, or phoned to Terry.  Terry will call membership to notify them about submitting questions and will email all members of the meeting.

·         A banner ad will be ran the day before the meeting in the Bemidji Pioneer “Candidate Forum on Bemidji Housing”

·         Harry suggested inviting Upstream TV to come to the general meeting and air the candidate questioning. Terry will contact William from Upstream to see if they are interested.

·         A Board of Directors Meeting will be held a half an hour before the general meeting.

New Business

·         Joint Group Planning Committee

Harry mentioned that the HLA might want to get involved in the Greater Bemidji Area Joint Planning Board to have a voice with things happening to rental properties.

·         Treasurer Purchase

Motion: Moved by Jeff G. to have Harry buy a roll of stamps.  Seconded by Terry. Motion carried.

·         Dues Reminder

Kathy suggested having Harry send out an invoice to all previous members letting them know dues are owed.  Harry will mail out invoices along with a flyer for the general meeting.

Announcements:

General Meeting

Thursday October 25, 2012, 7 pm, Beltrami Electric Coop meeting room

Board of Directors arrive early at 6:30 pm

Paypal has been activated on website to pay dues

Adjournment: The meeting was adjourned at 4:22 pm.

Minutes submitted by Jessica Sarauer.

July General Meeting Minutes

Headwaters Landlord Association General Meeting Minutes

July 19, 2012 

Opening: A general meeting of the Headwaters Landlord Association was called to order at 7:04 p.m. on July 19, 2012 at Beltrami Electric, Bemidji, MN by President Duane Sea. 
 
Board Members Present: Duane Sea, Terry Duy, Kathy Guess, Lorrie Richardson, Harry Aylesworth, Jeff Grabowski, Andrew Erholtz 

Board Members not present: Ben Hein, Jeff Janiksela

Approval of Minutes: The minutes of the previous meeting were unanimously approved as distributed.  Motion carried.

Treasurer report: Kathy provided a copy of the Treasurer’s report and reported a previous balance of $945.59 and a current balance of $1740.49.  She reviewed all deposits, withdrawals, and bills to be paid.  
 
Motion: Moved by Terry to approve Treasurer’s report.  Seconded by Jeff G.   Motion carried.

Open Issues

  • Election of Officers: Nominees are as follows: Duane for President, Kathy for Vice President, Harry for Treasurer, and Terry for Secretary. Two year members will include Jeff G., Andrew, and Lorrie.  One year members will include Jeff J. Lorrie suggested the possibility of having members at large sit in during board meetings.  Nellie Withoff moved to approve the nominees for ballot. Seconded by Myrneth Halverson. Motion carried.  

  • Update on city lawsuit and options: Duane updated everyone on the details behind the lawsuit and stressed that if one’s name is on the lawsuit, they must show up to the court date or they automatically lose.  Court date is set for September 10, 2012 at 9 am.  The location will be held at District Court Judge John G. Melbye, Beltrami County District Court, Court Room 2 North, 600 Minnesota Ave. NW, Suite 108. 

New Business

  • Intro to new website: Lorrie and Andrew introduced the new website at www.headwaterslandlord.org.  The website was published the morning of July 19, 2012.  Among the areas included in the website is a password protected area designed for paid members of the Headwaters Landlord Association.  Headwaters Landlord Association does not endorse venders but does allow venders to become members to advertise and build their businesses.  Members are encouraged to send the Board ideas on what to include in the Members Only section on the website.            

  • New parking regulations:  Kathy, Lorrie, and Duane met with John Chattin regarding the new parking regulations near the BSU campus.  They were informed that permits would be competitive with the campus parking permits, around $150.  Since then, a parking committee was formed to discuss details.  Judy Davis and Jeff G. served on the parking committee.  During their first meeting, the parking regulation had already been determined.  The following points summarize that meeting:

  • The permit area would run from Birchmont to Bemidji and from 10th to 17th

  • Permits would be issued for the one year period from August 1 to July 31

  • The permit fee would be $30 per year with no prorated fees

  • A maximum of 112 permits would be issued

  • Only residents of the permit area, homeowners, or renters may purchase permits

  • Permits would be issued on a first come, first served basis.  Only one permit per residence would be issued with the opportunity of purchasing a second permit after August 31 if there are any available

  • Signage would be installed in the permit neighborhood indicating permit parking only, Monday through Friday from 7 am until 5 pm

  • Permits would be designed similar to the ones currently used in the city parking lots

  • Applicants would need to provide, at a minimum, their name, address, and vehicle year, make, model, and license plate number

  • Rental units that have been grandfathered, because of inadequate off street parking, will have priority in purchasing an adequate number of permits to allow parking for their residents

  • Visitor permits would be available, free of charge, if needed.  These permits would expire as reflected on the permit when issued 

  • Duane moved that the HLA oppose the proposed parking regulations.  Motion seconded by Elroy Erickson.  Motion carried.        

  • Annexation implications:  Duane discussed implications of property being annexed to the city along Birchmont Drive.  If a rental property is annexed, a letter is supposed to be sent to owners notifying them that they have 60 days to register or else pay a $500 registration fee.  Bemidji Township has a registration process; Northern Township does not.  Annexation is planned to go to Lakewood Drive.       

  • Appeals board:  Duane, Lorrie, and Kathy proposed a Tenant/Landlord’s Appeals committee to John Chattin to deal with rental ordinances.  This appeals board would be more specialized than the Zoning Committee within the city.

Adjournment

The meeting was adjourned at 8:28 p.m. by Duane Sea.  The next general meeting date will be determined at the next Board of Directors meeting.

Minutes submitted by Katelyn Larsen

June Board of Directors Meeting Minutes

Headwaters Landlord Association Board of Directors Meeting Minutes

June 14, 2012

Opening: The regular meeting of the Headwaters Landlord Association Board of Directors was called to order at 6:04 p.m. on June 14, 2012 in The Cabin Coffeehouse and Café, Bemidji, MN by President Duane Sea.

Present: Duane Sea, Terry Duy, Kathy Guess, Lorrie Richardson, Harry Aylesworth, Jeff Grabowski

Not present: Ben Hein, Jeff Janiksela, Andrew Erholtz

Approval of Minutes: The minutes of the previous meeting were unanimously approved as distributed.  Motion carried. 

Treasurer report: Kathy provided a copy of the Treasurer’s report and reported a previous balance of $1093.49 and a current balance of $945.59.  She reviewed all deposits and withdrawals.   Motion: Moved by Terry to approve Treasurer’s report.  Seconded by Harry.   Motion carried.

A. Open Issues

  • Slate of Candidates for office: Andrew declined nomination as President or Vice President but is willing to serve on the Board for next year. Andrew would be willing to serve as Vice President if the Board met quarterly rather than monthly, but the Board determined that it is in the Board’s best interest to continue to meet monthly. Slate of Candidates is as follows: Duane for President, Kathy for Vice President, Harry for Treasurer, and Terry for Secretary. Two year members will include Jeff G., Andrew, and Lorrie. One year members will include Jeff J.  Lorrie will be contacting others about the second open directors’ position.

  • Meeting with Lorie Richardson: Regarding Dave Lalone’s situation, the Board determined that the matter should be decided by the city.  In similar cases regarding legal questions from members of the Headwaters Landlord Association, formal complaints should be sent to the Board in the form of a letter.   

  • Sec. 10-60. - Right of appeal. (from City of Bemidji Ord. No. 69, 3rd series, § 1, 10-3-2011)  

  • (a) Any person aggrieved by a decision of the building official, by a compliance order, or a decision to deny, suspend, revoke or not renew a permit, may appeal to the housing appeals board by filing a written notice of appeal with the building inspectors office within ten business days after receipt of such order or notice. The appeal shall contain a statement setting forth the grounds for the appeal and be accompanied by the applicable fee. The timely filing of a written appeal shall stay all proceedings until the appeals process is completed, unless such stay would cause imminent peril to life, health or property. 

  • (b) The housing appeals board shall meet as needed, or at the call of the chair, to hear appeals. A hearing shall be held within 30 days after filing of an appeal. The city clerk shall provide the appellant five business days written notice of the time and place of the hearing. If necessary to do so, the board may postpone a hearing to a later date, not to exceed 60 days after the filing of an appeal. 

  • (c) The board shall hear all relevant evidence and argument. The board may admit evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The housing appeals board will 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 will issue a decision to deny, not renew, suspend or revoke a permit only upon written findings. The board shall tape record the hearing and keep a record of documentary evidence submitted. 

  • (d) The board shall issue its decision in writing 15 days after the close of the hearing. The decision shall either deny or uphold the decision of the building official or may grant a registration permit upon such terms and conditions as the board deems necessary to accomplish the purposes of this article. A copy of the decision shall be mailed to the appellant. Notice of the final decision also shall be mailed to each occupant. 

  • (e) The decision of the board may be appealed by filing an appeal or appropriate writ with the Beltrami County District Court within 15 days after the issuance of the board's written decision. 

  • Mediation Board: The Board feels that there should be a mediation board within the City.  

  • Pioneer Newspaper Article: Regarding the article in the Pioneer Newspaper from June 12 entitled Recall advances, the Board decided to ignore the comments made against the Headwaters Landlord Association.  

  • Parking Permits: Duane has been attempting to contact John Chattin regarding parking permits in the University area but has not been successful.  He had been in contact with Al Felix who suggested contacting John Chattin regarding the issue.  As of today’s meeting, there is nothing new to report.  Duane will make another attempt to contact John Chattin.  If unsuccessful, he will fill out a formal appointment request. 

  • Agenda for general meeting July 19: Harry suggested having a guest speaker come talk to the members.  Kathy suggested having timely issues discussed at the general meeting, such as the parking permit issue along with selecting candidates for next year’s Board of Directors.  Topics for the general meeting will include parking permits, the mediation board, and discussing the crime free/drug free addendum to leases.    

B. New Business

  • Website committee: Lorrie met with Samantha Nienow from Red Zest Design regarding updating Headwaters Landlord Association’s website.  Signing on with Red Zest Design would save money for the organization as well as professionalize the website’s appearance. Harry made a motion to sign on with Red Zest Design. Duane seconded. Motion carried.

  • Associate membership: The Board decided that there will be a list of associate members posted on the new website under the name of “Landlord Services.” Kathy will be following up with people interested in becoming associate members. 

  • Small claims legal actions on the rental permit reimbursement: Duane spoke with Darrell Carter and determined that all claims will be filed June 15, 2012.  

Adjournment

The meeting was adjourned at 7:45 p.m. by Duane Sea. The next general meeting will be at 7:00 p.m. on July 19, 2012 at Beltrami Electric. 

Minutes submitted by: Katelyn Larsen