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HomeMy WebLinkAbout2009-080 CCRMember Mark Yelich its adoption: RESOLUTION NO. 2009 -80 introduced the following resolution and moved RESOLUTION RELATING TO THE CONSIDERATION OF A RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH WHEREAS, the City received an application for renewal of a regular rental dwelling license from Ung Properties, LLP (hereinafter the "Applicant for the apartment complex at 5301 Dupont Avenue North in the City of Brooklyn Center (hereinafter the "Subject Property and WHEREAS, at the request of the Applicant, and upon due notice to the Applicant, the City Council held a hearing on May 11, 2009, on the question whether the Subject Property was eligible for a regular rental license, at which hearing the Applicant presented a written submission. At the request of the Applicant, the hearing was reopened so that the Applicant could present additional testimony on June 8, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that, after due consideration of evidence presented at the hearing, the City Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. The Applicant owns and operates a six -unit multi family apartment complex on the Subject Property. 2. The regular rental license for the Subject Property expired on May 31, 2009. 3. The Applicant applied for a renewal license for the Subject Property on February 6, 2009. 4. Under City Code, Section 12 -901, paragraph 1, there are two types of licenses: regular and provisional. Provisional licenses are defined in City Code, Section 12 -913. 5. City Code, Section 12 -913, paragraph 1, provides in part that "licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one -year period as specified below, are eligible only for provisional licenses. 6. By letter dated April 2, 2009, to Mr. Spencer Ung from Sharon Knutson, the Brooklyn Center City Clerk, the Applicant was advised that the regular rental license for the Subject Property would expire on May 31, 2009, that the average number of calls per unit at the Subject Property exceeded .65 in the RESOLUTION NO. 2009 80 7. By letter received by the City on April 16, 2009, Mr. Ung requested a hearing before the City Council on the question whether his regular rental license should be renewed. 8. The uncontradicted evidence presented at the hearing was that there were seven calls for service as defined in City Code, Section 12 -913 from April 1, 2008, to March 31, 2009, which is an average of 1.17 calls for service per unit during that one -year period of time. 9. Evidence was received from Mr. Spencer Ung that the calls for service resulted from problems at one unit and that Mr. Ung had removed the problem tenant. Mr. Ung also identified other management activities that would decrease the likelihood of calls for service in the future. However, although such activities may be the basis for granting a provisional license if they are part of an approved mitigation plan, and may result in a sufficient reduction in police calls to entitle the Subject Property to a regular license in the future, they are not a basis for concluding that the Subject Property is eligible for a regular rental license. 10. The Subject Property had an average number of calls per service during the period from April 1, 2008, to March 31, 2009, of 1.17 calls per unit, which is well in excess of the .65 calls per unit that results in loss of eligibility for a regular license. ORDER one -year period from April 1, 2008 to March 31, 2009, and that therefore the City Manager would recommend to the City Council that the regular rental license at the Subject Property not be renewed. ON THE BASIS OF THE FOREGOING, IT IS ORDERED: 1. The decision of the City Manager that the multi family residential rental complex at 5301 Dupont Avenue is not eligible for a regular license is affirmed. The Subject Property will not be eligible for a regular license until the average number of calls for service as defined in City Code, Section 12- 913 falls below .65 calls per unit for the preceding 12 -month period, in accordance with the City Code. RESOLUTION NO. 2009 80 ATTEST: 2. Following expiration of the current regular license on May 31, 2009, and until the Applicant qualifies for and receives a provisional license for the Subject Property, units becoming vacant may not be relet to other tenants, as provided in City Code, Section 12 -910, paragraph 10. 3. The City Clerk is directed to mail a certified copy of this Order to the Applicant. By Order of the City Council of the City of Brooklyn Center this 22nd day of June, 2009. June 22, 2009 Date (.7) Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.