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HomeMy WebLinkAbout2009 09-28 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION September 28, 2009 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. l. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn i�� CITY COUNCIL MEETING City of Brooklyn Center September 28, 2009 AGENDA L Informal Open Forum with City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. September 14, 2009 Study Session 2. September 14, 2009 Regular Session 3. September 14, 2009 Work Session b. Licenses c. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees d. Resolution Authorizing the Execution of a Delegated Contracting Process Agreement for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009-18 between the Minnesota Department of Transportation and the City of Brooklyn Center CITY COUNCIL AGENDA -2- September 28, 2009 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Sue Rice for Her 21 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. b. Resolution Expressing Appreciation for the Donation of the Stalker DSR 2X Traffic Radar Received from the Safe Sober May Mobilization Drawing Requested Council Action: —Motion to adopt resolution. c. Resolution Expressing Appreciation for the Donation of an Alco Sensor III Preliminary Breath Tester Received fron;i Mothers Against Drunk Driving Requested Council Action: —Motion to adopt resolution. 8. Public Hearings a. An Ordinance Vacating Certain Drainage and Utility Easements within the Plats of BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK AND RICHARDSON PARK 2ND ADDITION, Hennepin County, Minnesota Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. 9. Planning Commission Items None 10. Council Consideration Items a. Resolution Making Findings of Fact and Order Relating to 4216 Lakebreeze Avenue North Requested Council Action: —Motion to adopt resolution. b. Resolution Addressing Appeal of Certain Rental Inspection Compliance Orders for 5909 June Avenue North in Brooklyn Center, Minnesota Requested Council Action: —Motion to adopt resolution. c. Resolution Authorizing Termination of Existing Subdivision Agreements (Richardson Park Plat —1989 and Richardson Park 2nd Addition —1990) Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- September 28, 2009 d. Amend 2009 City Council Meeting Schedule Requested Council Action: —Motion to amend 2009 City Council meeting schedule to add October 5, and November 2, 2009, at 6:30 p.m. for Budget Work Sessions with the Financial Commission 11. Council Report 12. Adjournment Cit Council �A enda Item No. 6a Y g MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF TI-� CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 14, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Ma or Tim Willson and Councilmembers Ka Lasman Tim Roche Dan R an, and Mark Y Y Y Yelich. Also present were Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Clerk Sharon Knutson, City Attorney Cha.rlie LeFevere, and Cazol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested the following correction to the Joint Work Session with Financial Commission minutes of August 31, 2009: Page 2: Replace the first paragraph with the following: Councilmember Yelich requested the staff to provide an opinion about aligning the vagaries of city Loca1 Government Aid revenue streams with� more tolerant budget expense items such as capital improvement and equipment replacement programs as a matter of council financial policy. City Manager Boganey responded that an opinion could be provided and that he would put this topic on a City Council Work Session. It was the majority consensus of the City Council to accept the above correction to the August 31, 2009, Joint Work Session with Financial Commission minutes. There was discussion on agenda item 10a. Councilmember Yelich questioned why the hearing on suspension or revocation of the rental license did not proceed until September of 2009 as the City Prosecutor had been notified of nonpayment on utilities in December of 2008. City Clerk Shazon Knutson reviewed the payment and notification history on the subject property. Utilities were paid in full on February 13, 2009, prior to the February 17, 2009, court hearing where the owner was sentenced to pay the City a$500 rental penalty and pay prosecution costs of $500 plus surcharges and fees. To date the $500 rental penalty had not been paid. A renewal rentallicense was issued on February 23, 2009, because the property was current on the utilities and in compliance with City Code. On July 23, 2009, the City Prosecutor was notified that the rental penalty had not been paid and that utilities were not current on the property. The owner made an 09/14/09 -1- DRAFT $800 payment on Friday, September 11, 2009, and said he would be in toda.y to pay the remaining balance; however, the balance had not been paid. The owner called the Utility Division and requested more time, but there was not more time, as the hearing was already scheduled. It was noted that the rental license ordinance does not require payment of the rental penalty in order for a rental license to be issued. Councilmember Roche requested discussion on agenda item lOb. He stated concern regazding the proposed property tax levy increase to 5.2% while the median residential property value is decreasing. Director of Fiscal Support Services Dan Jordet provided an overview of levy options. He explained the commerciaUindustrial category dropped less than the residential category and will pay the higher proportion of the total t� payment. Staff tried to determine a levy ra.te that would meet the operating needs. The proposed levy ra.te is based on the consensus sta.ff read from the City Council and Financial Commission for the preliminary levy. Councilmember Roche verified with Mr. Jordet that the 5.2% levy increase is the proposed rate for the preliminary levy and that a reduction in the rate is possible with adoption of the fmal levy. It was noted that the proposed 2010 budget is a"hold the line budget" which includes no increase in the rates of pay in the employee pay plan, a reduction of contingency allowance by $100,000 from the 2009 level, and reduced funding for vehicle and equipment replacement by $200,000 from the full funding level. Two of the major contributors to the budget increase from 2009 are increased fuel and utility costs. It was noted that the Decision Resources survey completed last year indicated that residents feel taxes are high in Brooklyn Center, but that the residents like the programs that have been implemented and do not want to see those programs eliminated. It was noted that the City may have some control over energy consumption by the implementation of policies relating to practices such as turning off computer monitors at the end of the work day. There was discussion on whether it is likely that the final levy will be adopted at a rate lower than the preliminary levy. Mr. Jordet noted that he cannot recall a time when the economic situation was as difficult as the current situation. He has not seen the final levy reduced in any significant extent in the past, and there is great pressure for 2010 as far as the availability of revenue sources. MISCELLANEOUS, Councilmember Lasman indicated she would like to verify street improvement proj ects scheduled for 2011. She requested staff to pr.ovide Council with an upda.ted copy of the current Capital Improvement Program. Councilmember Lasman requested staff to contact the City of Brooklyn Pazk regarding the dumping that is occurring in Shingle Creek in the area that crosses Noble Avenue on the boundary of Brooklyn Center. She also encouraged staff to look into funding opporhznities 09/14/09 -2- DRAFT throu the Clean Water Le ac rants. g Yg Councilmember Ryan inquired about the excavation activities occurring on 63 Avenue. Public Works Director/City Engineer Steve Lillehaug responded that the City Planner has indicated the excavation involves the removal of a gas tank. Council will be provided with the specifics. Councilmember Roche inquired about the timetable for a discussion on the sign ordinance and rental enforcement. Assistant City Manager/Director of Building Community Standards Vickie Schleuning replied that a rental code upda.te will be included on the next City Council meeting agenda.. She will determine the expected date for the sign ordinance upda.te. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. MISCELLANEOUS The discussion continued on the upcoming sign ordinance update. Councilmember Yelich sta.ted his position that there should be closure to address the concerns addressed by the residents. He requested the City Council consider directing the City Manager to prepare a resolution including the following key points in terms of enforcement policy for garage sale signs: 1. Enforcement to be conducted on complaint basis only 2. Permission of property owner required prior to posting a sign 3. Signs cannot exceed 3-square feet in azea 4. Requirement that signs be posted no less than 5 feet from the edge of the streeticurb. 5. Signs must be free standing and temporary during the duration of the sale only There was discussion on the above recommendation. It was noted that the City Manager had previously been directed to have the CiTy Attomey review the ramifications of any changes to the current ordinance. It was also noted that in relation to item no. 4 suggested above, there was previous discussion about the possible ramifications of opening up use of the right-of-way. City Attorney Charlie LeFevere indicated that the question referred to his office related to the setback from the right-of-way line. A letter has been sent to the City Manager, which should be coming to the City Council shortly. In the letter he expresses some concern about enforcing this or any other ordinance on a complaint basis only due to the tendency for proliferation of the 09/14/09 -3- DRAFT activity and the likeliness of neighborhood feuding and discriminatory concerns. He advised that the City decides what kind of efFort it will make in enforcing its code and can only commit so much time, effort, and resources to code enforcement, but he would caution against making it a matter of policy that citizens get to decide when ordinances are enforced. There was discussion about possible problems associated with making certain exclusions in the sign ordinance for a certain class of signs, such as to specifically address garage sale sign enforcement. Mr. LeFevere advised on the possible association with the First Amendment, which protects freedom of speech. The general rule is that speech cannot be regulated on the basis of its content. Caze needs to be taken in the way the ordinance works and the way it fits together to ensure the City is not running afoul of the First Amendment. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:02 p.m. Motion passed unanimously. 09/14/09 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEP'TEMBER 14, 2009 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Others present were City Prosecutor Bill Clelland. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City CounciL Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Asit Waghani, BAPS Shri Swaminarayan Mandir, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regulaz Session called to order by Mayor Tim Willson at 7:02 p.m. 09/14/09 -1- DRAFT 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Assistant City Manager/Director of Building Community Standards Vicki Schleuning, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Others present were City Prosecutor Bill Clelland. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Joint Work Session with Financial Commission minutes of August 31, 2009, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 24, 2009 Study Session 2. August 24, 2009 Regular Session 3. August 24, 2009 Work Session 4. August 25, 2009 Joint Work Session with Financial Commission 5. August 31, 2009 Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL Air Quality Services 6221 Cambridge Street A-6, St. Louis Park Binder Heating and Air 222 Hardman Avenue N, So. St. Paul I Cashion HVAC Services 4148 Jansen Ave NE, St. Michael Dean's Professional Plumbing 21301 County Road 81, Rogers Erickson PHC 1471 92 Lane NE, Blaine Gallagher Heating and Air 17209 Tungsten Street NW, Ramsey KB Service Co. 430 E. County Road D, Little Canada Practical Systems 4342B Shady Oak Road, Hopkins RENTAL INITIAL 7250 West River Road Greg Gervlis 6243 France Ave N Tamiko Lonnie Morgan 5713 Halifa�c Ave N James Jason Helmer 6424 Marlin Dr Charles Bright 5319 Northport Dr Daniel Mazzuco 09/14/09 -2- DRAFT I RENEWAL 5324-26 James Ave N Steven Debra Elhardt 6825-27 Noble Ave N Christian Vitale 5327-29 Queen Ave N Alvin Stachowski 509 61� Ave N Tim Daniel 1405 63 Ln N LeRoy Bendickson 2901 66�` Ave N Amare Alemu 5528 Humboldt Ave N Bruce Goldberg 3019 Mumford Rd Morris Matthews 5300 Penn Ave N Crregory Dumonceaux SIGNHANGER Signart Inc. 2170 Dodd Rd, Mendota Heights Signs by RSG 6080 Hwy 10, Ramsey 6c. RESOLUTION NO. 2009-108 REJECTING BIDS FOR IMPROVEMENT PROJECT NO. 2009-21, CONTRACT 2009-L, 2009 CAPITAL MAINTENANCE BUILDING PLAN Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGIVITIONS/DONATIONS None. 8. PUBLIC HEARING 8a. PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Assistant City Mana.ger/Director of Building Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of public hearing and the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Mayor Willson called three times for public input. No one appeazed. Councilmember Roche moved and Councilmember Yelich seconded to close the Public Heari.ng. Motion passed »n�nimously. i 09/14/09 -3- DRAFT 1. RESOLUTION NO. 2009-109 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-109 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Ta�c Rolls. There was discussion on Section 2.30.3.0 of the City Council Code of Policies which states the following: "For residential properties undergoing sale to new owners, where a utility bill exists which had not been pended to the assessment rolls prior to the date of closing on the sale to the new owner, the unpaid balance of the old owner shall not be applied to the account of the new owner." There was discussion on the approximate cost per year of the City absorbing this cost. Ms. Schleuning indicated this is something staff can look into. Motion passed unanimously. 8b. PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Ms. Schleuning introduced the item, discussed the history, and stated the purpose of public hearing and the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Mr. Mark Heitman, 142 Canterbury Road, Circle Pines, addressed the City Council and sta.ted he is present at the request of the bank that owns the property at 4110 66�' Avenue North. He verified with the City Council that the property will be assessed on the taxes with interest if the amount due is not paid. The City was billed by the contractor and needs to be reimbursed. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. 2. RESOLUTION NO. 2009-110 CERTIFYING SPECIAL ASSESSMENTS FOR ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-110 Certifying Special Assessments for Abatement Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 09/14/09 -4- DRAFT 9. PLANNING COMIVIISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. HEARING FOR ITA EKAH REGARDING RENTAL PROPERTY LOCATED AT 4216 LAI�BREEZE AVENUE NORTH (FOUR-iJNIT APARTMENT COMPLE� Ms. Schleuning introduced the item, discussed the history, and stated the purpose of the hearing. She advised that utilities aze past due on the property located at 4216 Lakebreeze Avenue North; this is a violation of City Code Section 12-901 subd. 4. StafPs recominendation is that following the staff report, Council open the hearing to receive applicant testimony, close the hearing, and direct staff to prepaze a resolution for the next City Council meeting with findings of fact to either suspend or revoke the rental license for the subject property. City Prosecutor Bill Clelland advised the City Council on City Code 12-901 subd. 4. He requested the City Council to receive in evidence documents provided as part of the proceeding: 1) service letter to Mr. Ekah dated August 3, 2009, informing him of the da.te and time of tonight's proceedings; 2) Notice of the date, time and location of this hearing. It sets forth fact that utilities at this property were delinquent in amount of $1,255.22, which costs continue to accrue. This was sent by U.S. mail and was not retumed. It was also sent by certified mail, which was retumed. Mr. Clelland stated Council has also been provided with the property t� information and rental application showing that Mr. Ekah gave the City the address of 7704 Tessrnan Drive, Brooklyn Park. This is where the notices were mailed. Mr. Clelland informed Council that Mr. Ekah was successfully prosecuted in 2008 for renting without a license. He was convicted of that offense and has not paid the rental penalty, which was part of the criminal disposition. Mr. Ekah has been returned to court on probation violation. While in court he was served with the hearing notice. Mr. Ekah has made a partial payment on the delinquent utilities, but was advised that was insufficient grounds for avoiding this hearing and not a sufficient basis for him to suspect he would retain his license. City Clerk Shazon Knutson informed the Council that the past due amount on the subject property following a payment that was made on Friday, September 11, 2009, had been reduced to $455.22. Mayor Willson noted there is a long history with this properry and property owner, and that it appeazs to be an ongoing struggle for two to three years for the owner to keep up to date with the requirements of the City ordinance. He asked the City Clerk her opinion on whether the property owner will be up to da.te on payments in the ne� six months. Ms. Knutson responded in the the sub ect ro e negative and provided information on the payment history of Mr. Ekah on p p riy. Mayor Willson requested clarification that the action requested of the City Council tonight is to direct staff to prepare a resolution to either suspend or revoke the rental license on the subject ro e, or to take no action. Mr. Clelland res onded in the affirmative and advised Council is P P rtY P also requested to receive the evidence provided. 09/14/09 -5- DRAFT Councilmember Roche commented on the amount of information that as been provided on the subject property. He stated his support in directing staff to prepaze a resolution revoking the rental license. Councilmember Yelich questioned why action is being taken to prosecute the subject property while other rental properties included on the list of special assessments under item 8a were not prosecuted. Mr. Clelland explained that some of the properties on the list of assessments may have been single family rental units. It has been City policy to bring forward license action for failure to pay utility or ta��es for complexes with four or more units. This action has been taken in each case; the City Council has not been required to act in situations where the parties have paid up prior to Council action being necessary. He explained in terms of prosecution, it is not a criminal violation to fail to pay utilities; however, it will affect the license. There could be a policy change if Council would like to apply the above policy to every rental property, including single family units. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Ms. Jo Roberts, representative of Link Associates located at 5400 France Avenue N, addressed the City Council and expressed concern that there are single family rental units that aze affected by this issue. She sta.ted her position that the public, individuals involved in rental management in the community, and the leaders in the community that are dealing with this every day should be involved in the process associated with amendments that may be made to the rental ordinance. Mayor Willson informed Ms. Roberts that the City is in the process of staff beginning to reseazch these types of issues. T'he process after that would be direction from the City Council on any proposed ordinance changes which will go through the public hearing process and involve public input. To this point the City Council has been cautious on making any ordinance changes. Ms. Roberts commented that the public does not always have the opportunity to view the information the Council is reviewing. There aze people who caze; they believe the City is trying to make it work and they should come together. Mayor Willson called three times for public input. No one appeared. Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. Mayor Willson noted for the record that the properiy owner was not present and did not come forwazd during the hearing. There was discussion on the options available to the City Council, specifically in relation to the following sta.tement included in the Notice of Proposed License Action: "Section 12-910 provides for the revocation, suspension or non renewal of a rental license for, inter alia, failure to 09/14/09 -6- DRAFT operate or maintain the license premises in conformity with all applicable state laws and codes and the City Code or Ordinances and any other violation of Chapter 12." Mr. Clelland advised that a suspension of the license cannot exceed 90 days. Councilmember Roche moved and Councilmember Yelich seconded to direct staff to prepare a resolution for the next City Council meeting with findings of fact to revoke the rental license for property located at 4216 Lakebreeze Avenue North. City Attorney Charlie LeFevere advised that this decision lies within the discretion of the City Council. He informed Council that the license sanction under consideration is the City's response to only one offense, and that offense is that the utility payment is currently past due in the amount of $455.00. There is a history, but notice was not given that there would be a hearing on the question of whether the license would be revoked for the entire history of this violation; notice has been given for the specific violation. On the basis of the record before the City Council the first question is whether the property owner is guilty of the violation in this notice. In deciding the appropriate penalty, it is for this violation, not for other violations of which the applicant has not been given notice that they aze under consideration. Mayor Willson stated his support of providing direction to staff to prepare fmdings of fact and to denote which of the options would be recommended for the City Council to proceed with based on the ordinance. Mr. LeFevere advised the Council that it can decide on sanctions this evening; however, the Council sha11 give due regard to the frequency and seriousness of violations (he noted there was only one violation, that being the $455 past due utility bill), the ease with which such violations could have been cured or avoided and the good faith effort to comply (he noted a partial payment on the utility account was just made on Friday). There was discussion on the appropriate penalty for the ordinance violation as well as the outstanding rental penalty. Mr. LeFevere advised that notice was not given on the outstanding rental penalty, and that there is question as to whether the delinquent rental penalty payment is a violation of the ordinance or simply a violation of the court order. Councilmember Lasman suggested including a time period in the motion for revocation. There was discussion on an associated time period with a revocation of the license, as well as conditions such as being current on utility and ta�ces that must be met in order to proceed with the re-application process. Mr. LeFevere advised that a ti.me period must be specified with the suspension or revocation of the license. Suspension cannot exceed 90 days and revocation cannot exceed one year. In either case the conditions will be specified for getting the license back. In the case of suspension the license can be reinstated if the conditions have been met. In case of revocation the property owner is required to apply for a new license, along with the license fee and a reinstatement fee. If the decision is made tonight it can be included in the findings of fact, or the findings of fact can be written with the ability to fill in the blanks. Amendments can be made when the Council is ready to make the final decision. 09/14/09 -7- DR.AFT Councilmember Yelich stated his support for revocation of the license with staff to make a recommendation on the appropriate conditions for re-application and the time period for when this could occur. Councilmember Lasman proposed a friendly amendment to the motion on the floor to include a time limit of 90 days on the revocation of the rental license. Councilmember Roche agreed to the friendly amendment. Councilmember Yelich as the seconder to the motion did not agree to the friendly amendment. Mayor Willson seconded fhe amendment to the motion. Councilmember Yelich voted against the same. Motion on amendment passed. Main motion as amended passed unanimously. lOb. PRELIn�TARY 2010 LEVY AND BUDGET Director of Fiscal Support Services Dan Jordet provided an overview of the Preliminary 2010 Levy and Budget. There was discussion on the possible impacts to the residential t� base if there is a decrease in commercial property values in the 2011 budgeting process. Mr. Jordet provided information on TIF districts that are scheduled for decertification, which will come back into the t� base, and building projects that will be coming online. He advised it is also anticipated that residential values will continue to drop, so the distribution of taxes is not likely to vary substantially. In addition, the $463,000 being levied as a 2009 LGA un-allotment is at this point a one yeaz commitEed levy; the levy will have to be adjusted for that amount and the responsibility of the City for that amount will have to be adjusted in 2011. There was discussion on the proposed budget including zero salary increases and that the 2011 budget may need to be significantly altered which may be much more severe than the current budget. It was also noted that an approximate $53 reduction per year in the levy impact to individual median properties would require service reductions. 1. RESOLUTION NO. 2009-111 APPROVING A PRELIlVIINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKF.T VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2010 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-111 Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Va1ue T� Levy for the Housing and Redevelopment Authorixy for Property Taxes Payable in 2010. 09/14/09 -8- DRAFT Councilmember Yelich requested that the following be included in the minutes: L In the past year the City has paid roughly $20,000 to Decision Resources Limited to conduct a resident survey. In that survey, page 63 states that 53% of residents rated Brooklyn Center property t�es as comparatively high and strongly opposed increasing property taxes by a more than a 2 to 1 margin. 2. The City Council pays roughly $25,000 to a CPA firm for the annual fmancial audit. In the firm's management report on page 6 it states that the City's ta�� city ta�c rate is significantly higher than the statewide and metro area averages for the past two years. The City Manager has acknowledged that adopting this levy will most likely push t� rates to the top of that list. Councilmember Yelich further stated that the City Council needs to take these points into consideration and not ignore residents' input. They are here to represent their residents who expect and deserve to get good value for their taX dollar. He has reviewed the preliminary budget proposal and believes a lower 2010 general operating property tax levy is possible without significantly impacting the current Council priorities, without impacting levels of service or FTE counts, or using budget reserves. If they set expectations staff will rise to that challenge..On behalf of residents living on f�ed income, unemployed for many months, working multiple jobs to stave off home foreclosure, investing in their property despite of falling property values, and victimized and living in fear of crime, he will not be supporting this resolution to raise property tax levy by $675,000. He believes they can deliver the services for half of that amount. It was noted that hours were spent shuggling over this budget. T'he entire City Council feels the same way as faz as frustration in having to do any increases, but an increase in the bottom line ends up in a net reduction on at least 50% of the households in the City. There are many sacrifices being made. This is a painful time for everyone but they need to be able to run the City with efficiency with service for the residents, and do so in a reasonable way. Great caze has been taken to try to address issues of spending and holding the line on City expenditures. The proposed budget provides on average a mazginal reduction in the actual property ta�� bill to the residential homeowners. It was also noted that the proposed property tax levy is the preliminary, which is a not to exceed amount. Councilmember Yelich reiterated his position that he will not support the proposed resolution and provided suggestions for cutting costs in the proposed budget. It was noted that at this time it is difficult to bring service to the City that the residents wish to see happen. There aze costs associated with providing services such as crime prevention and code �enforcement. There has been restructuring of City stai� and layoffs of nine individuals from the Pohce Department. If layoffs continue and services continue to drop the taxpayer may have the benefit of a reduced property tax payment, but there will be serious loss to the City and the City's image from the subsequent crime associated with inadequate police protection. Mayor Willson stated his support of the importance of redevelopment efForts to continue to grow as a city and come out of the current economic depression. 09/14/09 -9- DRAFT Councilmember Yelich moved to amend the General Fund tax capacity levy to $12,158,136. Motion died for lack of a second. There was continued discussion on the proposed levy and budget, the impact to residents and the services provided. Councilxnember Yelich voted against the same. Motion passed. 2. RESOLUTION NO. 2009-112 ADOPTING A PRELINIINARY BUDGET FOR THE 2010 FISCAL YEAR Mr. Jordet stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-112 Adopting a Preliminary Budget for the 2010 Fiscal Year. Mayor Willson thanked staff for their work on the budget and cutting expenses. Councilmember Yelich voted against the same. Motion passed. 11. COUNCIL REPORT Councilmember Yelich reported on the following: He received an anonymous note from a resident suggesting that the City consider adopting revised noise rules with an example of the ordinance adopted by New Hope. He stated the City of Brooklyn Center has had this exact same ordinance in place for several yeazs. The key thing is for residents to ca11 in and file a complaint when they identify noise that is greater than 50 feet from the source. The Police Department has been very good about responding to those complaints, which can be made anonymously. Random Acts of Kindness nomination forms are due October 2, 2009, and will be recognized on October 26, 2009. Councilmember Lasman reported on her attendance at the following events: August 27, 2009, Liberian Girls Kickball Team friendly kickball tournament with the Brooklyn Center and Brooklyn Pazk Policewomen. It will become an annual event. Brooklyn Center Business Association (BCBA) luncheon with guest speaker Senator Al Franken. Shingle Creek Watershed study meeting where Brooklyn Center, Brooklyn Park, and other communities are working together to improve the health and aesthetics of Shingle Creek. A portion of the creek that is close to Brooklyn Center has been neglected and has been brought to the attention of City staff. August 30, 2009, BAPS Walkathon with proceeds going to a metro hospital. m Celebration. September 9, 2009, Earle Brown Herita.ge Center 20 Anniversary 09/14/09 -10- DRAFT Councilmember Roche reported on the following: Random Acts of Kindness nomination forms are due October 2, 2009 New restaurant, Checkers, opened on Thursday, September 3, 2009. The grand opening event is scheduled for Friday, September 18�' and Satuxday, September 19�'. Thank you to the owners of the restaurant for providing jobs to residents of Brooklyn Center. His attendance at the Eazle Brown Herita.ge Center 20�' Anniversary Celebration on September 9, 2009. September 15, 2009, scheduled neighborhood meeting at Firehouse Park with a Meet and Greet and pizza at 6:00 p.m., followed by the meeting at 6:30 p.m. Brooklyn Center Youth football scrimmages have begun. New links are available on the City website. He encourages residents to look at the recent web updates. School is in session and work progresses on the Aldrich neighborhood road reconstruction. Please look out for young people during the reconstruction. Thank you to Alan Hancock for working with the Metropolitan Council on community gardens earlier this year. Councilmember Ryan reported on the following: His attendance at the BCBA luncheon with guest speaker Senator A1 Franken September 13, 2009, Community Action Partnership of Suburban Hennepin County hosted Energy Conservation Fair at Brookdale Library. The event will be retuming on September 23, 2009, 4:30 p.m. 8:00 p.m. A number of valuable items were distributed free to residents, which could be helpful in reducing energy bills and improving weatherizing in homes. He received an anonymous note regarding the New Hope noise ordinance. Brooklyn Center's noise ordinance is well drafted. He will be discussing ideas he has with the City Manager for residents that are annoyed by extremely loud car radios. September 15, 2009, scheduled neighborhood meeting at Firehouse Park. Mayor Willson reported on the following: August 25, 2009, joint City CounciUFinancial Commission budget work session. He commended the Committee on their hazd work and valua.ble insights as residents of the City serving on the commission. September 9, 2009, Earle Brown 20�' Anniversary Celebration. September 15, 2009, scheduled neighborhood meeting at Firehouse Park. Upcoming Bottineau Transit Comdor hearings. Upconung Anoka-Hennepin School District budget cut and school closing meetings. Hennepin County has approved the funding request for the southern portion of Shingle Creek. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:50 p.m. Motion assed unanimousl P Y 09/14/09 -11- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF TI-� CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION 5EPTEMBER 14, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City CounciUEconomic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:09 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. MISCELLANEOUS Discussion continued on the sign ordinance. Concem was expressed with any action being taken on the sign ordinance prior to a report by the City Attorney on the consequences of any changes. Councilmember Yelich clazified that his proposal is not an ordinance amendment; it is direction that the City Mana.ger would provide to staff in terms of enforcement. There was discussion on whether inconsistencies in the way departments enforce City Ordinances are rectified via City management directive or whether City Council policy is required to bring consistency in enforcement. Assistant City Manager/Director of Building Community Standazds Vickie Schleuning explained that issues such as different interpretations or implementations will be taken care of by the City Manager. She indicated that this is part of the bigger picture and the impacts, which will be included in the report from the City Attorney. The majority consensus of the City Council was that no action should be taken on the sign ordinance prior to a report by the City Attorney on the consequences of any changes to the ordinance. 2009 CONSERVATION UTILITY RATES Ms. Schleuning introduced the item and provided background information on the Minnesota Statute 103G.291 mandate on water conservation rates for a11 sales of water after January 1, 2010. 09/14/09 -1- DRAFT Director of Fiscal Support Services Dan Jordet provided an overview of examples of water conservation rates, including increasing block rates, seasonal rates, time of use rates, individualized goal rates, and excess use rates. He advised that in order to comply with the Legislative requirement for a water conservation rate by January 1, 2010, staff is recommending that the City adopt the following increasing block rates at the levels and charges: 0— 30,000 gallons/quarter $1.29/1,000 gallons (current rate) 30,001- 60,000 gallons/quarter $1.60/1,000 gallons 60,001 or more gallons/quarter $2.40/1,000 gallons Mr. Jordet explained that following adoption of the new structure it will be submitted to LOGIS for pro� ming and tested by staff. The rate structure will be initiated as of January l, 2010. The second step will be to evaluate the unit charges in light of the 2010 capital improvements budget requirements. Any change recommended in the dollaz amounts for 2010 rates will be presented to the City Council as part of the 2010 budgef discussion on utility funds. Mr. Jordet informed Council on the future data collection on water consumption in order to reevalua.te the tier levels for consumption. He advised that staff recommends Council action at the next City Council meeting authorizing the proposed rate structure to be put in place for test purposes, with the actual dollar amount for the rate to be discussed with 2010 budget discussions. There was discussion on the proposed water conservation rate structure. Council Members expressed support for further study on the impact of the proposed rate changes on water intensive commercial users in the City. There was discussion on the possibility of raising water rates in the future in order to increase revenue. Mr. Jordet noted that in 2009 it was decided to hold off on rate increases in recognition of the fact that people would find their money to be tighter. Staff will provide suggestions on how to make this up when the 15-yeaz rate plans are tied together. The maj ority consensus of the City Council was to direct staff to utilize the increasing block rate structure to proceed with the process of implementing water conservation rates. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjoumment of the City CounciUEconomic Development Authority Work Session at 9:35 p.m. Motion passed unanimously. 09/14/09 -2- DRAFT I, Ci Council A enda Item No. 6b �Y g GOUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: September 21, 2998 SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its September 21, 2009, meeting. Background: I'he following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. COMMERCIAL KENNEL Paws Inn, LLP 4902 France Ave N MECHANICAL Action Heating and A/C 8140 Arthur St, Spring Lake Park Alta Heating and Plumbing 19260 Mushtown Rd, Prior Lake Comfort Matters Heating Cooling 10981 4th St NE, Hanover M K Mechanical 23996 Olinda Tr N, Scandia Otsego Heating and AIC 7829 Palmgren Ave NE, Otsego Perfection Heating and Air 1770 Gervais Ave, Maplewood PMR Mechanical, Inc. 13166 Floral Ct, Apple Valley Weld and Sons Plumbing 3410 Kilmer Lane N, Plymouth RENTAL See attached report. Rental Licenses for Council Approval on September 28, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid OwnerCalls for Service Typeor InitialUtilitiesTaxes 1205 63rd La NSingle FamilyInitialMichael NwachukwuNone per 12-911 OrdinanceOKOK 2801 66th Ave NSingle FamilyInitialShuang Lin, LLCNone per 12-911 OrdinanceOKOK 6725 Bryant Ave NSingle FamilyInitialVong Duong1 Disturbing Peace per 12-911 OrdinanceOKOK 5700 Camden Ave NSingle FamilyInitialDaniel GelbNone per 12-911 OrdinanceOKOK 6835 Fremont Pl NSingle FamilyInitialLeslie ReynoldsNone per 12-911 OrdinanceOKOK 5405 Girard Ave NSingle FamilyInitialJef MehrNone per 12-911 OrdinanceOKOK 7007 Morgan Ave NSingle FamilyInitialShuang Lin, LLCNone per 12-911 OrdinanceOKOK 7024 Oliver CirSingle FamilyInitialJuliana KoeNone per 12-911 OrdinanceOKOK 2307-09 54th Ave NTwo Family - 2RenewalRobert MessersmithNone per 12-911 OrdinanceOKOK 5137-39 France Ave NTwo Family - 2RenewalMatthew MayNone per 12-911 OrdinanceOKOK 6543 Beard Ave NSingle FamilyRenewalJanis SaloNone per 12-911 OrdinanceOKOK 6801 Fremont Pl NSingle FamilyRenewalOlamiyi KukuNone per 12-911 OrdinanceOKOK 6901 Morgan Ave NSingle FamilyRenewalComfort BroplehNone per 12-911 OrdinanceOKOK 5338 Queen Ave NSingle FamilyRenewalRobert MessersmithNone per 12-911 OrdinanceOKOK Cit Council A enda Item No. 6c Y g i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building Community Standards DATE: September 28, 2009 SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The atta.ched resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the city tree inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301to 20-306. Although the city has historically focused on Dutch Elm disease, other transmissible diseases and infesta.tions would be addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter an agreement to allow the city to remove the diseased tree. Where an agreement with the property owner is executed, an administrative service charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter an agreement, the city will remove the diseased tree. An administrative abatement service charge will be chazged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2009 budget under the Public Works Forestry opera.ting budget. The cost of removal for diseased trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING TI� REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WI�REAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance. Property Owner Properry Address Tree Type and Na April A Buterbaugh 5533 Girard Ave N �(73) Elm Pahoua Lao I 5206 63` Ave n �(75) Elm 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) sha11 be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs sha11 be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. Date Tim Willson, Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted aga.inst the same: whereupon said resolution was declazed duly passed and adopted. Cit Council A enda Item No. 6d Y g COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: September 23, 2009 SUBJECT: Resolution Authorizing the Execution of a Delegated Contracting Process Agreement for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009-18 between the Minnesota Department of Transportation and the City of Brooklyn Center Recommendation: Staff recommends that the City Council approve the Delegated Contracting Process (DCP) Agreement for the Bass Lake Road Streetscape and Regional Trail Project between the Minnesota Department of Transportation (Mn/DOT) and the City of Brooklyn Center. Background: The City received $2,000,000 federal stimulus funding under the American Recovery and Reinvestment Act of 2009 for the Bass Lake Road Streetscape and Regional Trail project. In order to receive this federal aid, the City must delegate authority to Mn/DOT to aet as the City's agent in accepting federal aid for this project. The project cannot be let until the DCP agreement is executed. The elements of the agreement are standard for federal funding projects. The agreement has been reviewed by the City Attorney. Budget Issues: There are no significant budget issues by this action. Delegated Contracting Process Agreement Mn/DOT and Ciry of Brooklyn Center Bass Lake Road/Regional Trail Member introduced the following resolution and.moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A DELGATED CONTRACTING PROCESS AGREEMENT FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS PROJECT NO. 2009-18 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center ("City") and the Minnesota Department of Transportation ("Mn/DOT") have been working cooperatively to advance the project to provide streetscape, trail, water quality and general roadway improvements to the Bass Lake Road (County Road 10) corridor from Brooklyn Boulevard to Highway 100; and WHEREAS, the Project is multi jurisdictional, involving the Minnesota Department of Transportation, Hennepin County, Three Rivers Park District and the City; and WHEREAS, federal economic stimulus funding under the American Recovery and Reinvestment Act (ARRA) of 2009 has been awarded to the City in the amount of $2,000,000 to construct said improvements; and WHEREAS, the City intends to pay for the Project with federal ARRA funding, County funding, Three Rivers Park District funding and City funding to be determined; and WHEREAS, the City will prepare construction contracts in accordance with Minnesota law and applicable federal laws and regulations so the City may have a proj ect bid letting in November/December of 2009 with construction to commence spring 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Brooklyn Center to accept as its agent, federal funds which may be made available for eligible transportation related projects. 2. The Maj or and City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 84188", a copy of which said agreement was before the City Council and which is made a part hereof by reference. RESOLUTION NO. Sentember 28. 2009 Date Mayor ATTEST; City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. A eement No_ 84188 Mn/DOT gr STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND C1TY OF BROOKLYN CENTER FOR FEDERAL PARTICIl'ATION IN CONSTRUCTION This agreement is entered into by and between the City of Brooklyn Center ("City") and the State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the City's agent in accepting federal funds on the City's behalf far the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project(s)"; and Mn/DOT requires that the terrns and conditions of this agency be set forth in an agreement. THE PART'IES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. DESIGNATION. The Ciry designates Mn/DOT to act as its agent in accepUng federal funds in its behalf made available for the Project(s). B. STAFFING. 1'. The City will furnish and assign a publicly employed licensed engineer, ("Project Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the altemative where the City elects to use a private consultant for construction engineering services, the City will provide a qual�ed, full-time public employee of the City, to be in responsible chazge of the Project(s). The under ma not be assi ed, sublet, or services of the Cit to be rformed here Y Pe Y transferred unless the City is notified in writing by MniDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project(s), the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from (IvinlDpT Agreement No. 84188) Mn/DOT, pursuant to Minnesota Statutes Section 16139. Such services may be covered by other technical service agreements. If Mn/DOT fumishes the services reguested, and if Mn/DOT requests reimbursement, then the City will promptly pay MnlDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make Mn/DOT a principal or co-principal with respect to the Project(s)._ C. LETT'�VG. The City will prepaze construction contracts in accordance with 'Minnesota law and applicable Federal laws and regulations. 1. The City will solicit bids after obtaining written notification from Mn/DOT that the Federal Highway Administration ("FHWA") has authorized the Project(s). Aziy Project(s) advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will prepare the Proposal for Highway Construction for the construction contract, which will include all of the federal-aid provisions supplied by Mn/DOT. 3. The City will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The City will include in the solicitation the ntracts as su lied b Mn/DOT. required language for federal-aid construction co pp y The solicitation will state where the proposals, plans, and specifications are available for the ins ction of ros ctive bidders, and where the City will Pe P Pe receive the sealed bids. 4. The City may not include other work in the construction contract .for the authorized Project(s) without obtaining prior notificatian from Mn/DOT that such work is allowed by FHWA. Failure to obtain such notifieation may result in the loss af some or all of the federal funds for the Project(s). 5. The City will prepaze and sell the plan and proposal packages and prepare and distribute any addendums, if needed. 6. The City will receive and open bids. 7. After the bids are opened, the City Council will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises, the Ciry will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/UOT Equal Employment Ogportunity Office. (Mn/DOT Agreement No. 84188j Page 2 D. CONTRACT ADMINISTRATION. 1. The City will prepare and execute a construction cantract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition of Mn/DOT's Standard Specifications for Construction and all amendments thereto. 2. The Project(s) will be constructed in accordance with plans, special provisivns, and standard specifications of each Project. The standard specifications will be the latest edition of MniDOT Standazd Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the City Engineer's Office. The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the City to be performed hereunder may not be assigned, sublet, or transferred unless the City is notified in writing by Mn/DOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from� its primary responsibility for performance of the work. 4. The City will document quantities in accordance with the guidelines set forth in the Mn/DOT Contract Administration Manual Sections 410 and 420 that were in effect at the tirrre the work was perforrned. 5. The City will test materials in accordance with the Mn/DOT Schedule of Materials Control in effect at the time each Project was let. The City will notify Mn/DOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 6. The City may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into supplemental agreement(s) with the Contractor. The City will not be reimbursed for any costs of any work performed under a supplemental ag�eement unless Mn/D�T has notified the City that the subject work is eligible for federal funds and sufficient federal funds are available. 7. The City will request approval from Mn1DOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to ineurring such costs. Failure to obtain such approval may resuh in such costs being disallowed for reimbursement. 8. The City will prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. Required reports are listed (Mn/DOT Agreement No. 84188) Page 3 in the Mn/DOT State Aid Manual, Delegated eontract Process Checklist, available from Mn/DOT's authorized representative. The City will retain all records and reports in accordance with Mn/DOT's record retention schedule for federal aid projects. 9. Upon completion of the Project{s), the Project Engineer will determine whether the work will be accepted. E. PAYMENTS. 1. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project(s) that is not paid by federal funds. 2. The City will prepare partial estimates in accordance with the terms of the construction contract for the Praject(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the City will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 3. Following certification of the partial estimate, the City may request reimbursement for costs eligible for federal funds. The City's request wi]1 be made to Mn/DOT and will include a copy of the certified partia] estimate. 4. Upon completion of the Project(s), the City will prepare a final estimate in accordance with the terms of the construction contxact for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the City will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s), 5. Following certification of the final estimate, the City may request reimbursement fbr costs eligible for federal funds. The City's request will be made to Mn/DOT and will include a copy of the certified final estimate along with the required records. F. LIMITATIONS. 1. The City will comply with aIl applicabie Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal fmancial assistance (42 U.S.C. 2000d). Th�ough expansion �f the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, (Mn/DOT Ageement Na 841$8) and disability. In addition, the Title VI program has been extended to cover all pragrams, activities and services of an entity receiving Federal financia] assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient i❑ administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibiliry of the City to cany out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of Mn/DOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub- contractor. 4. Utilities. The City will treat atl public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights af way in conformance with 23 CFR 645 "Utilities" which is incorpor�ted herein by reference. G. AUDTT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the I.egislative Auditor or the State Auditor as appropriate, for a minimum of seven yeazs. The City will be resgonsible for any costs associated with the performance of the audit. H. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. I. CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent for acceptance and disbursernent of federal funds, and not as a principal or co-principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The Ciry will indemnify, defend (to the extent permitted by the Minnesota Attomey (Mo/D07 A�eement No. 841$8) Page 5 General), and hold Mn/DOT harmless from any claims or costs arising out of or ineidental to the Project(s), including reasonable attorney f�s incurred by Mn/DOT. The City's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by Mn/DOT. II. DUTIES OF MnlDOT. A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement af federal funds and will act in accordance herewith. B. PRO�ECT ACTIVTTIES. 1. Mn/DOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s), and for reimbursement of eligible costs pursuant to the terms of this agreement. 2. Mn/DOT will provide to the City copies of the rec�uired Federal-aid clauses to be included in the bid solicitadon and will provide the required Federal-aid provisions to be included in. the Proposal for Highway Construction. 3. Mn/DOT will review and certify the DBE participation and notify the City when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfalL 4. Mn/DOT will provide the required labor postings. C. PAYMENTS. L Mn/DOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes 16136, Subdivision 2. 2. Mn/DOT will reimburse the City, from said federal fUnds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project(s), Mn/DOT will perform a final inspection and verify the federal and state eligibility of all the payment requests. If the Project is found to have been completed in accordance with the plans and specificatians, Mn/DOT will promptly release any remaining federal funds due the City for the Praject(s). 4. In the event Mn/DOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to (Mn/DOT Agreement No. 84188) Page 6 i� process the federal aid reimbursement reyuests. D. AUTHORTTY. Mn/DOT may withhold federal funds, where Mn/DOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreernent. The City will make available all books, records, and docurnents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. IIT. TORT LIABILITY, Each party is responsible for its own acts and ornissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissians of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnlDOT liability. IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the ather party. V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and executed by the same parties who executed the original agreement, or their successors in office. VI. AGREEMENT EFFECTIVE DATE. This agreernent is effective upon execution by the appropriate State officials pursuant to Minnesota Statutes Section 16C.05. VII. CANCELLATION. This agreement may be canceled by the City or MnlDOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such temunation will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a cancellation the City will be entitled to reimbursement for Mn/DOT federally eligible expenses incurred for work satisfactorily performed on the Project to the date of cancellation subject to the terms of this agreement. VIII. DATA PRACTICES ACT. The parties will comply with the provisions of the Minnesota Govemment Data Practices Act {Minnesota Statutes chapter 13) as it applies to all data gathered, collected, created, or disseminated related to this Agreer�ent. (Mn/DOT Ageement No. 84188? IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending ta be bound thereby. 1• CPTI' 2. DEPARTMENT OF TRANSPORTATION City ceitifies that the appropriate person(s) have executed the wntract on behalf of the City as required By: by applicable articles, bylaws, resolutions or ordinances By' Title� Director. State Aid for Local Transportation Title: Date: Date: 3. COMMiSSIONER OF ADMINISTRATION By: By: Title: Date: Date: s (Mn/DOT Agreement No. 84188) �B Ci Council A enda Item NQ. 7a tY g I COUNCIL ITEM MEMORANDUM i TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works s� 1' DATE: September 23, 2009 SUBJECT: Resolution Expressing Recognition and Appreciation of Sue Rice for Over 21 Years of Dedicated Service to the City of Brooklyn Center Recommendation: Staff recommends that the City Council adopt the attached resolution expressing recognition and appreciation of 5ue Rice for her dedicated service to the City of Brooklyn Center. Background: Sue began her employment with the Brooklyn Center Public Works Department in March of 1988. Sue is retiring on September 30, 2009 after more than 21 years of dedicated service to the City of Brooklyn Center. Sue has been a key part of the stable backbone of the Public Works Department for many years that has made it so successful. The attached resolution is in appreciation of the high degree of professionalism and proficiency that Sue provided to the City. Budget Issues: None Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SUE RICE FOR HER 21 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Sue Rice has been an employee of the City of Brooklyn Center since March 28 ,1988 and will retire September 30, 2009 after more than 21 years of dedicated public service to the City of Brooklyn Center and its citizens; and WHEREAS, Sue Rice has consistently provided the City of Brooklyn Center and its residents with dedicated public service during her tenure working in the capacities of Engineering Secretary with the Public Works Department; and WHEREAS, Sue Rice was instrumental in the administration of numerous public works functions, including: project funding and public communication for street and utility improvement projects; engineering division operations; coordination of traffic safety issues and evaluations; special assessments; researched agreements and various documents; managed street, driveway pertnits; managed certified utility repair letters; notary services for the City; annual Landscape and Garden events; as well as many other administrative functions of the Public Works Department; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Sue Rice has discharged her duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Sue Rice is hereby recognized and appreciated by the City of Brooklyn Center. September 28, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7b i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Scott Bechthold, Chief of Police DATE: September 22, 2009 SUBJECT: Radar ponation from Safe Sober Drawing Recommendation: It is recommended that the City Council accept and express appreciation of the Stalker DSR 2X Traffic Radar received from the Minnesota Office of Traffic Safety's Safe Sober May Mobilization Drawing. Background: The City of Brooklyn Center has been actively involved with the State of Minnesota, Offiee of Traffic Safety "Safe Sober" campaigns for the past seven years. The Brooklyn Center Police Department's prompt reporting and continued teamwork made us eligible for this high value award. In May 2009, the Brooklyn Center Police Department was drawn from a list of eligible departments to receive a large incentive for reporting on the 2009 May "Safe Sober" mobilization. The Stalker DSR 2X Radar is valued at a government price of $2,778. Budget Issues: None. Attachments: Resolution draft. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR TI� DONAT'ION OF T�-� STALKER DSR 2X TRAFFIC RADAR RECEIVED FROM THE SAFE SOBER MAY MOBILIZAT'IQN DRAWING WHEREAS, the City of Brooklyn Center has received a Stalker DSR 2X radar valued at $2,778.00 from the Safe Sober May Mobilization drawing; and WHEREAS, the City Council accepts this donation; and WHEREAS, the City Council is appreciative of this dona.tion and commends the Safe Sober Program for its efforts to promote tr�c safety in the State of Minnesota. NOW, 'TI�REFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. Accepts and acknowledges the donation with gratitude. Sentember 28, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Scott Bechthold, Chief of Police DATE: September 22, 2009 SUBJECT: PBT Donation from Mothers Against Drunk Driving (MADD) Recommendation: It is recommended that the City Council accept and express appreciation of the Alco Sensor III, a Preliminary Breath Tester (PBT), received from Mothers Against Drunk Driving (MADD). Background: MADD continues multiple efforts in working to prevent and reduce the number of deaths and injuries caused by drunk driving. To assist the Brooklyn Center Police Department, they have donated a Preliminary Breath Tester valued at $515.00. Budget Issues: None. Attachments: Resolution draft. Member introduced the followin resolution and moved g its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR TI� DONATION OF A ALCO SENSOR III PRELIMINARY BREATH TESTER RECEIVED FROM MOTHERS AGAINST DRUNK DRIVING WHEREAS, the City of Brooklyn Center Police Department has received a Preliminary Breath Tester (P�T� valued at $515.00 from Mothers Against Drunk Driving (MADD); and WHEREAS, the City Council accepts the donation; and WHEREAS, the City Council is appreciative of this donation and commends MADD for its civic efforts in combating drunk driving. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Accepts and acknowledges the donation with gratitude. Sentember 28. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: September 23, 2009 SUBJECT: An Ordinance Vacating Certain Drainage and Utility Easements Within the Plats of BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK AND RICHARDSON PARK 2ND ADDITION, Hennepin County, Minnesota Recommendation: Staff recommends that the City Council proceed with a second ordinance reading and consider an ordinance vacating certain easements within the plats of BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK AND RICHARDSON PARK ZND ADDITION. Background: The City Council approved the final plat for RICHARDSON PARK 3RD ADDITION as part of the process to faciiitate construction of the GSA FBI regional headquarters project on August 10, 2009. At that same meeting, the first reading of the aforementioned ordinance was held. As a general housekeeping item, the proposed ordinance would vacate the underlying drainage and the underlying drainage and utility easements that exist within the site. The new plat of RICHARDSON PARK 3RD ADDITION dedicates and includes all of the necessary new easements. Budget Issues: The Economic Develapment Authority (applicant) is required to pay a cash fee in the amount of $125 as part of the application process to vacate the easements. Brooklyn Center Industrial Park Ptat 2, Richardson Addition, Richardson Park and Richardson Park 2" Addition Vacation Ordinance Ciry of Brooklyn Center CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 28�' day of September, 2009, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating easements within a portion of the plats for BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK AND RICHARDSON PARK 2ND ADDITION. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN THE PLATS OF BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK AND RICHARDSON PARK 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Those parts of the drainage and the drainage and utility easements as dedicated in the plats of BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK and RICHARDSON PARK 2ND ADDITION according to the recorded plats thereof, Hennepin County, Minnesota, which lie within the following described property are hereby vacated: 1 Tract A, Registered Land Survey No. 1477, together wrth Lots 1 and 2, Block RICHARDSON PARK 2ND ADDITION, according to the recorded plats thereof, said Hennepin County, Minnesota. The Torrens portions of said Lots 1 and 2 being those parts embraced within Registered Land Survey No. 1482. Section 2. Notwithstanding the description provided above, it is the express intent of the City not to vacate any of the roadway easements dedicated with the recording of BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK and RICHARDSON PARK 2ND ADDITION, Hennepin County, Minnesota. thi da s Section 3. This ordinance shall be effective after adoption and rty y f llowin its le al u lication and after recordin of a new draina e and utili easements o g g P b g g tY as part of the plat of RICHARDSON PARK 3RD ADDITION, Hennepin County, Minnesota. I Ado ted this day of 2Q09. p Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) wY1y�Y��W�r►IYr�qOrWar�tw�w.t701xt I 1 L_ J1�4 /�l/VIIIVIY u�xwt.war�.►.�arerws...wYa�er.+r+�•••twrw �:w+......�wwrnn. I FiriwaYY Bhd _.�«a�w z .awrrwr..i�.rnra —�>-�4>—•—,—>�.--:—>—�->T n'. wsr�wr..rN.Mrr.wrwrMt�+�r.rrrw.�iwr. 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Background: At its September 14, 2009, meeting, the City Council held a hearing relating to the rental license of Ita Ekah for property located at 4216 Lakebreeze Avenue North (a four-unit apartment complex). City Prosecutor Bill Clelland and I provided testimony regarding the alleged violations, specifically relating to the delinquent City utilities in the amount of $455.22. The licensee, Ita Ekah, did not appear, although proper notice was given. The City Council directed staff to prepare a resolution making findings of fact and order to revoke for 90 days the rental dwelling license issued to Ita Ekah for 4216 Lakebreeze Avenue North. On Friday, September 18, 2009, Mr. Ita Ekah was at City Hall to pay his $500 rental penalty that he was sentenced to pay through the criminal court system on February 17, 2009, for operating without a rental license due to past due and delinquent utilities. I mentioned to him that he was absent from the hearing that the Council held on Monday evening, even though he had been hand-served the notice of the hearing by the City Prosecutor's office. He said he was told on Friday, September 11, 2009, by the Utilities Technician that he didn't have to come to the Council meeting. (It should be noted that his utilities were in certification and were also on the Council agenda as a Public Hearing for September 14, so any statement made by the Utilities Technician was not regarding the rental dwelling license hearing, but the certification of utilities Public Hearing). This may have been confusing to him, because there were two hearings: 1) Public Hearing for certification of utilities; and 2) �earing for rental dwelling license. I informed him of the Council's direction following the rental license hearing on Monday night, and encouraged him to watch the online video of the meeting. He said he would be contacting the Council Members, as he believed he was informed that he didn't need to be at the hearing. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO 4216 LAKEBREEZE AVENUE NORTH A hearing was held by the Brooklyn Center City Council on 14th day of September, 2009 at 7:00 pm at the Brooklyn Center City Hall on the matter of the rental license of Ita Ekah for 4216 Lakebreeze Avenue North, pursuant to Sections 12-901 and 12-910 of the Brooklyn Center City Code. City staff, presenting the alleged violations, was represented by William G. Clelland, Esq., Carson, Clelland Schreder, Brooklyn Center, Minnesota. The licensee, Ita Ekah, did not appear. Having heard and duly considered the evidence presented at the hearing and the arguments of counsel and having given due regard to the frequency and seriousness of the violation, the ease with which the violation could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. Ita Ekah is the holder of a regular rental license for property located at 4216 Lakebreeze Avenue North. 2. City Code Section 12-901, paragraph 4 provides that at all times during the term of a rental license, the licensee shall be current in payments of taxes, I utilities and assessments. 3. City Clerk Sharon Knutson testified that the utilities for 4216 Lakebreeze Avenue North were unpaid and delinquent in the amount of $455.22. 4. Notice of this proposed license action was mailed to Ita Ekah at his stated address of 7704 Tessman Dr., Brooklyn Park, Minnesota 55445 by both certified mail and U. S. mail. Notice was also given to Ekah personally by the City Prosecuting Attorney as he attended court on August 26, 2009, appearing upon a charge of renting without a license. 5. Received in evidence was a copy of the rental licenses application, the notice of proposed license action and the letter serving the notice and the certified mail receipt. 6. The City Clerk testified that as of the date and time of this hearing, the utilities were not currently paid. BASED UPON SAID FINDINGS, the Crty Council now makes the followmg ORDER 1. The rental housing license held by Ita Ekah for the rental dwelling at 4216 RESOLUTION NO. Lakebreeze Avenue North is hereby revoked. No application for a new license shall be granted unless all payments are current in accordance with City Code, Section 12-901, paragraph 4. No application for a new license will be accepted until December 28, 2009. 2. This revocation applies to all parts of 4216 Lakebreeze Avenue North. 3. Revocation shall be effective on and from September 28, 2009. 4. The City Clerk is directed to mail a copy of the Resolution to the licensee. 5. The licensee is advised that Brooklyn Center City Ordinances, Section 12- 910, paragraph 9, prohibits the reletting, rental or occupancy of rental units that are vacant at the time of revocation and/or that become vacant during the period of revocation and until the licensee has a valid rental license. 6. The licensee is further advised that Brooklyn Center City Code, Section 12- 910, paragraph 10 also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. By Order of the City Council of the City of Brooklyn Center this 28th day of September, 2009. Julv 25, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon; the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I�atera s rovded n the p Se te m be r 4 2009 C p y Cou nc' a enda acket g p City of Brooklyn Center A Millenniu�'d�����M MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk nn�'�� l. DATE: September 8, 2009 SUBJECT: I�Iearing for Ita Ekah Regarding Rental Property Located at 4216 Lakebreeze Avenue North Recommendation: Tt is recommended that the City Council: 1. Rcceive staff report. 2. Open the hearing to reeeive applicant testimony. 3. Close the hearing. 4. Direct Staff to prepare a resolution for the next City Council meeting with findings of fact to either suspend or revoke the rental liceuse for 4216 Lakebreeze Avenue North. Background: 'Che pcaperty located at �216 Lakebreeze is an apartment complex. (1 building with 4 units). City and County taxpayer records indicate owner as Ita Ekah, 7704 Tessman Drive, E3rooklyiz Park, Minnesota, 55445 C'ity r�ntal d�velling license application records indicate owner as Ita Ekah, 7704 1'essman I�rive, Brooklyn Park, Miruiesota, 55445 n July 19, 2006 Ita �kah applied for initial rental dwelling license Scptember 11, 2006 City Council issued initial rental license to ita rkah for 4216 L,akebreeze Ave N with expiration date of July 31, 2008 Y]V�:arch 27, 2008 notice of rental dwelling license renewal was mailed (this notice automatically included reminder that taxes and utilities must be current) o May 2, ?008 final notice of rental dwelling license renewal was mailed (this notice automatically included reminder that taxes and utilities must be current) 1`�Iay 7, 2008 renewal rental dwelling license application and fee received i'rom Ita Ekah May 7, 2008 notice of receipt of license renewa�l was mailed (this notice automatically includcd reminder that taxes and utilities musl be current) August 18, 2008 notice regarding utilities and taxes being kept current was mailed (this notice is sei�t after the property passes the health and safety inspection and only if t�es and/or utilities are not current on the properly) September 24, 2008 uotice regarding past due utilities was mailed (a partial payment �vas received c�n Septimber 3, 2008) Oci.ober 13, 200Q ri�tice regarding p�st due utilities was mailed (partial payment was �•eceived; hawever, there continued to be a past due balance) DecemUer l7, 2�J08 notified City Prosecutor that property was still not cunent on utilities and requested formal complaint o.fanuary 8, 2009 complaint summons from court February 1�, 2009 utilities paid in fi.�ll e C�ebruary 1"/, 2009 sentencing Ita Ekali pled guilty and was sentenced to pay the City of Rrooic'yn Center a$500 rental penalty and pay prosecution costs of $500 plus 6301 Shingle Creek Parkway Reereation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org surcharges and fees; to date the $500 rental penalty has not been paid; therefore, a probation violation hearing is scheduled for September 21, 2009 February 23, 2009 City Council issued renewal rental license to Ita Ekah for 4216 Lakebreeze Ave N July 23, 2009 notified City Prosecutor that rental penalty had not been paid and that City utilities were not current on the property August 3, 2009 City Prosecutor mailed letter and notice of proposed license action (City Prosecutor Clelland indicates this letter was returned from the Post Office as "undeliverable"; however, he was served with the notice at his 08/26/09 probation violation hearing) September 8, 2009 City Utilities Division confirms City utilities are past due in the amount of $1,255.22, a violation of City Code Section 12-901 subd 4 Attached are copies of all correspondence related to this hearing. Budget Issues: '1 here are no budget issues to consider. I Report Nam�ners lt f Br n n P Printed:�/2009 C y o o�y Ce te Page: 1 Owners Report 10-118-21-32-0063 4216 Lakebreeze Ave Owner Name f 4ddress Owner Taxpayer Resident Ch� Date Current Owner(s) Ita Ekah Y Y N 06/13/2006 7704 Tessman Drive Brooklyn Park MN 55445 Previous Owner(s) Mark R Lee Y Y N 10/31/2002 3424 Noble Ave N Crystal MN 55422 Mark R Lee Y Y Y OS/08/2002 No Address on File I I Richard L Lee Y Y N 12/O1/1998 I No Address on File Michael L Danielson Y Y N 09/23/1985 No Address on File Joon K Kim Y Y Y 04/26/1983 No Address on File Kyu Hyun Wang Y Y Y 04/26/1983 No Address on File Ramesh K Kuba Y Y Y 07/09/1982 No Address on File Joon K Kim Y Y Y 02/27/1981 No Address on File James C Barrows Y Y Y 07/15/1980 No Address on File Ralph J Ditzler Y Y Y 07/02/1980 No Address on File Property Information Search by Street Address Result page Page 1 of 2 Hennepin Cour+ty, MN Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday Friday) at approximately 9:15 p.m. (CST) se�rcr� ay: Parcel Data for Taxes Payable 2009 �Print 1�� I�� PropertyID: 10-118-21-32-0063 Address: 4216 LAKEBREEZE AVE N Municipality: BROOKLYN CENTER School Dist: 281 Construction year: 1960 ;!!1l��!�� Watershed: 8 Approx. Pareel Size: 84.43 X 133.33 iiiYii Sewer Dist: Owner Name: ITA EKAH HOUSE or BUILDING Taxpayer Name ITA EKAH Address: 4216 LAKEBREEZE AVE N 4216 BROOKLYN CENTER MN 55429 STREET NAME: (at least Rrst 3 characters) Most Current Sales Information Lakebreeze Sales prices are reported as listed on the Certifieate of Real Estate Value and are not warranted to represent UNIT (if applicable) arms transaCLions. Sale Date: June, 2006 Sale Price: $372,000 Search Clear Transaction Type: Warranty Deed ZO records per page Tax Parcel Description Addition Name: LAKEBREEZE ADDN lot: Block: 006 Metes Bounds: THAT PART OF LOT 12 AND OF S 28 15/100 FT OF LOT 11 LYING W OF E 85 Ff THEREOF Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2009 Values Established by Assessor as of 7anuary 2, 2008 Estimated Market Value: $353,000 Limited Market Value: $353,000 Taxable Market Value: $353,000 Total Improvement Amount: Total Net Tax: $6,426.62 Total Special Assessments: Solid Waste Fee: $38.68 Total Tax: $6,465.30 I�� Property Information Detail for Taxes Payable 2009 Values Established by Assessor as of ]anuary 2, 2008 values: Land Market $125,000 Building Market $228,000 Machinery Market Total Market: �353,000 Land Limited ¢125,000 Building Limited y228,000 Total Limited: $353,000 Qualifying Improvements Classificationr. Property Type APARTMENT Homestead Status NON Relative Homestead Agricultural Exempt Status Hennepin County is providing this information as a public service. Tax related questions: taxinfo@co.hennepin.mn.us http://www 16.co.hennepin.mn.us/pins/addrresult.j sp 09/O1/2009 Ci of Brookl n Center c�ri �Se oo, 'J y Account No. 420� 6301 Shingle Creek Pkwy C6eck No �vv Brooklyn Center, MN 55430 Ref No. �7 t���' Phone: 763-569-3300 Fax: 763-569-3494 License Fee ��JL/ Date Rec: 299 Screen Apt Dir ARM List I„sp �ate: t�� Utilities Ok Taxes Ok Date to CC �'`f/�`� Rental Dwelling License Application Rental Dwelling Biennial Fee Schedule: Licenses are issued for two years. Single Family: $400.00 Initial/'$300.00 Renewal Single Family Two Family: $200.00 per unit Two Family Unit(s) Mulriple Family: $200/building plus $18/unit $450/min Multi Family Bldgs Units TO THE HONORABLE CTI'Y COUNCII,: Date: O\ a� Address(es) of Dwelling(s): �.1. 1� E i"'f v t3 a�<« yi✓ c�/��� r� ,-.i S-3 S P.I.D. No. (all parcels) 1� 2� 3 2 O� Name of Dwelling or Complex: Complete Name, Address, Telephone Number, and Birthdate of Each Owner. A company or corporate name is not acceptable. Refer to SecNon 12-901 12-903. Use additional sheets if necessary. Information is collected to determine eligibility for license. Failure to provide information requested may result in deniat of app(ication. Name: ���}f'� Last First Midd[e ;s Address: "7 '7 !3 t� S s �'1r) Ar1� �3/1 �1L ti�/ ��zll i,/ �S�s�y s State Zip Code Phone No. SUO �Cell No. 2 3�� 3 3 g,�Date of Birth Name, Address and Telephone Number of Vendor if properly is being sold through contract for deed: The undersigned hereby applies for a rental dwelling license and aclrnowledges receipt of a copy of City Ordinance Sections 12-101 through 12-1401; aclrnowledges the provisions of the Building Maintenance and Occupancy Ordinance have been reviewed; and attests the subject premises will be operated and maintained according to the requirements contained therein, subject to applicable sanctions and penalties. The undersigned further agrees the subject premises may be inspected by the compliance official as provided in Section 12-1001 of said Ordinance. I, �K N being first duly sworn, upon his/her oath deposes and says that��e he is the person who has executed the foregoing applicatio�n�d t the statemen made h in are true of hi er own'�owledge and belief. Notarized Signature of Owner y P. STAUFFER Subscribed and sworn to before me this i2 day of 20 ��t� C t�p�i`f�c Minnesota Notary Public Signature ,�M y Commission y� 3�' �ot t J F [Page 1] Number, Type, and Size of Dwelling Units: A. Single Family @_Sq. Ft. Livin�. Area; Bedrooms B. Two Family (Duplex) Sq. Ft. Living Area/Unit; _Bedrooms C. Townhouse Sq. Ft. Living Area/Unit; Bedrooms D. ,�Multiple Dwellings �Number of dwelling buildings Efficiency Units Sq. Ft./LJnit 1 Bedroom Units Sq. Ft./Unit 2 Bedroom Units @$D�Sq. Ft./Unit 3 Bedroom Units (�a, Sq. Ft./Unit 4 Bedroom Units (a�, Sq. Ft./Unit Total Dwelling Units in Multiple Dweilings Describe procedure through which tenant inquiries and complaints aze to be processed. Include name, address, and telephone number of the management company and/or caretaker/manager on the nremises. (Notify the City of a y changes) Name: �TW Address: �'7 7 �r S S �"�1/ 2DD rM n/ SS��' Phone: jv Z 3�� 3�� S� Name, Address Telephone Number and Notarized Si�nature of. Resident A�ent (required if owner lives outside 7 county metro area; refer to Ordinance Section 12-904): Name: Address: City, State, Zip Code: Telephone Number: 1 Cell f 1 Notarized Signature of Resident Agent Subscribed and sworn to before me this day of 20 Notary PubGc Signature County My Commission expires Notice to Applicants: A. The compliance official must be notified in writine within five business davs of any transfer of legal control and ownership. B. Owners of multiple dwellings must post the license or certificate thereof (Section 12-907) and must maintain an occupancy register (Section 12-909). C. Copies of the Build.ing Maintenance and Occupancy Ordinance are available from the City. Owners, agents and managers should be familiar with its provisions. An inspection of your rental property is required prior to the license being approved by the City Council. U p o n m a i l i n g y o u a p p l i c a� i o n a n d f e e t o t h e C i ty, p l e a s e c o n t a c t t h e C o m m u n i ty D e v e l o p m e n t D e p a rt m e n t (763-56�-3330)•.to�schedule the inspection. InspecHons are scheduled Monday thru Friday Between 9:00 a.m 12:00 p.m. between 1:00 4:00 p.m. [Page 2] Notice of Rental Dwelling License Renewal March 27, 2008 Deaz Rental Properiy Owner/Agent: Your rental dwelting license will expire on JULY 31, 2008. City ordinances require that you have your rental property inspected biennially and submit an application for renewal, along with the license fee, at least 90 days prior to ezpiration. Please review the enclosed renewal application form and indicate any changes. Sign the form and return it to the City on or before MAY 1, 2008, with the appropriate fee. Licenses are nontransferahle; please contact the City if the property has been sold. Please include the name and phone number of the resident agent for the property if other than yourself. Also include any on site cazetaker or management company. An inspection of the renta.l property is required prior to the license being approved and issued by City Council. MN Statutes 504B.211 requires a landlord to give a tenant reasonable notice that entry to the rental unit may take place for the purposes of performing an inspection. all 763-569-3330 to make arran ements or the rental license inspection. Also, notify your Please c g .f tenants oJthe date and time of the inspection at least 48 hours in advance. No application for an initial or renewal license shall be submitted to the City Council until the Compliance Official has determined that all life, health safety violations or discrepancies have been corrected. Prior to issuance or renewal of a Iicense, the license holder must be current on all utility fees, taxes and assessments due on the licensed property and any other rental real property in the city owned by the license holder. Failure to renew the rental license or have this inspection 90 days prior to expiration may result in the revocation of your license for noncompliance pursuant to City Ordinance Sections 12-910 andlor the issuance of a citation. Sincerely, �U^ i a 4S�m Maria Rosenbaum Deputy City Clerk TenantlOccupant City of Brooklyn Center A Millennium Community FINAL NOTICE RENTAL DWELLING LICENSE RENEWAL May 2, 2008 Ita Ekah 7704 Tessman Drive Brooklyn Park, MN 55445 RENTAL PROPERTY AT: 4216 Lakebreeze Ave City records indicate that the rental renewal license application has not been received from you despite an earlier official notice directed to you at this address. Your Application for License Renewal was due in our office by May 1, 2008; your Rental Dwelling License expires on 07/31/2008. City Ordinances require that you have your rental property inspected biennially and submit an application for renewal along with the appropriate fee, at least 90 days prior to ezpiration. Please review the enclosed renewal application form and indicate any changes. Sign the form and return it to the City immediately with the appropriate fee. Licenses are nontransferable; please conta.ct the City if the property has been sold. Please include the name and phone number of the resident agent for the property if other than yourself. Also include any on site caretaker or management company. An inspection of the rental property is required prior to the license being approved and issued by City Council. MN Sta.tutes 504B.211 requires a landloid to give a tenant reasonable notice that entry to the rental unit may take place for the purposes of performing an inspection. Please call 763-569-3330 to make arrangements for the renta.l license inspection. Also, notify your tenants of the date and time of the inspection at least 48 hours in advance. No application for an initial or renewal license shall be submitted to the City Council until the Compliance Official has determined that all life, health safety violations or discrepancies have been corrected. Prior to issuance or renewal of a license, the license holder must be current on all utility fees, taxes and assessments due on the licensed property and any other renta.l real property in the city owned by the license holder. Failure to make arrangements for licensing and inspection of this property may result in the issuance of a citation, prosecution by the City, and posting of the property as unlicensed. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged to operators of rental dwellings (Section 12-902). Questions regarding the license requirements should be directed to me at 763-569-3308. Sincerely, (/Y 1 �k.�'►� G��v►�,�Xx1,vw�• Maria Rosen um Deputy City Clerk Enclosure c: Tenant/Occupant umber h.one TDD N 6301 Shingle Creek Parkway Recreation and Communaty Center P Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (�63) 569-3494 www.cityo fbrooklyncenter.org APPLICATION FOR LICENSE RENEWAL LicenseNbr: 01003978 City of Brooklyn Center Applicant: 2233 6301 Shingle Creek Parkway CIj� U�' Brooklyn Center MN 55430 763-569-3300 BROO�LYN �ISTRUCTIONS �'EN�'L�'R To �eneW ,;�e�Se�S� make any necessary corrections, sign form and return to theCity of Brooklyn Center, along with Ita Ekah the license fees by S/1R00& Make check "7704 Tessman Dr payable to: City of Brooklyn Center. Brooklyn Pazk MN 55445 License Expires: 07/31/2008 RENTAL LICENSE Issued To: Ita Ek3h Descri 'on �'ee TvRe, Lic Units Amount Complex: Multi Family Minimum Prim 1 $450.00 Address: 42I6 Lalcebreeze t�ve Total: $450.00 Phone: (763)566 Complex License Locaxion: 4216 Lakebreeze Ave S Resident Mgr.: Phone: �C6 S —__.r...�.._....� Caretaker: L L%� Phone: S�� 3 PID: 10-118-21-32-0063 Primary Units: 1 Secondary Units: 4 "I will schedule a renxal license inspection and have submitted the necessary fees to the City tf Broolclyn Center as required by the City Ordinances ca�d have complied with all the requirements necessary fa' obtaining this license. I certify that the informaCion provided is accurate and complete to the best y rrey Iveowledge. I f.9ee•eforz m�z'� appliceti�n tc operate a rental dwelling [icense subject to all conditions and provisions c,f'said Ordinances." Information collected to detemune eligibility for license. Failure to provide infonmati�n requested may result in denial of license. Signature of Applicant City Use Only: Date Rec.: T� Aa�i Na 4205 Insp. Date: Check No. g�: CC Datr. CITY QF BROOKLYN CENTER Cash Receipt eceipt Date 5/7/2008 eceipt Number 43629 ITA EKAH 4216 LAKEBREEZE AVE 10100-4205 450.00 4216 LAKEBREEZE AVE Total Receipt Amount 450.00 122994 13:20:14 1 City of Brooklyn Center A Millennium Community May 7, 2008 RE: 4216 Lakebreeze Ave Deaz Rental Dwelling License Applicant: The City has received your rental dwelling license application and license fee. Please keep in mind that the submitta.l of the license application and fee is only the first step in the licensing process. The property must pass a health and safety inspection conducted by the City's Housing Inspector. If you do not already have an inspection scheduled, please call inspections at 763- 569-3344 to schedule an inspection. Section 12-901 of the City's Code of Ordinances also requires that the owner of rental property be current on the payment of all utility fees, taxes, and assessments due on the property and any other rental real property in the City owned by the license holder. Prior to the issuance of a rental license, verifica4ion will be made to ensure that all utility fees, taxes, and assessments are current on the property. To check on the status of the City's utilities, please call Public Utilities at 763-569-3390. To check on the status of property taxes and assessments, please call Assessing at 763-569-3310. Sincerely, ar'i a os-e� Maria Rosenbaum Deputy City Clerk Enc: Copy of Rental Dwelling Application to New Applicants 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 ww w. cityo f6rooklyncenter. org City o f Brooklyn Center A Millennium Community August 18, 2008 Ita Ekah 7704 Tessman Drive Brooklyn Park, MN 55445 RE: Rental Property Located at: 4216 Lakebreeze Ave Deaz Property Owner: Section 12-901 of the Brooklyn Center Code of Ordinances states "prior to issuance or renewal of a license and at all times during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property and any other rental real property in the city owned by the license holder." We have received a rental license application from you for the property listed above. City records indicate that there aze taxes and/or utilities owed for this properry, or other property owned by you in the city. Both ta��es andlor utilities must be paid in full prior to the processing of your rentallicense application. This letter is to inform you that the license for this property will not be issued until this is resolved. Please submit payment for utilities to the City of Brooklyn Center and payment for taxes to Hennepin County Service Center, 6125 Shingle Creek Parkway, Brooklyn Center, within 10 days of the date of this letter. Failure to keep current on the payment of all utility fees, taxes, and assessments due on the rental properry so will result in legal prosecution by the City and posting of the property as unlicensed. If payment has been made, please disregard ttus notice, as I will consult with the City Public Utilities Division after your due date. Any questions regazding taxes may be directed to Hennepin County at 612-348-3011 and questions regarding utilities may be directed to the Utilities Division at 763-569-3390. Sincerely, Q/Y�' Q-��►'� C/�Z�t�� v' Maria Rosenbaum Deputy City Clerk cc: Tenant/Occupant 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter.org City of Brooklyn Center A Millennium Community September 24, 2008 Ita Ekah 7704 Tessman Drive Brooklyn Park, MN 55445 RE: Rental Property Located at: 4216 Lakebreeze Avenue, Brooklyn Center Dear Property Owner: City records indicate that there continues to be utilities past due for this property, although a significant payment was made since the first past-due utilities notification letter to you dated August 18, 2008. Please submit payment for utilities to the City of Brooklyn Center within 10 days of the date of this letter. The total amount that is past due as of September 24, 2008, is $108.99. If payment has been made, please disregard this notice, as I will consult with the City Public Utilities Division after your due date. Questions regarding utilities may be directed to the Utilities Division at 763-569-3390. Section 12-901 of the Brooklyn Center Code of Ordinances states "prior to issuance or renewal of a license and at all times during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property and any other rental real property in the city owned by the license holder." Failure to keep current on the payment of all utility fees, taxes, and assessments due on the rental property so will result in legal prosecution by the City and posting of the property as unlicensed. Sincerely, Shazon Knutson City Clerk 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, 111N 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org City of Brooklyn Center A Millennium Community October 13, 2008 Ita Ekah 7704 Tessman Drive Brooklyn Park, MN 55445 RE: Rental Property Located at: 4216 Lakebreeze Avenue, Brooklyn Center Dear Pro ert Owner: Y P City records indicate that there continues to be utilities past due for this property, although a paynient of $108.99 was made since the letter dated September 24, 2008. Please submit payment for utilities to the City of Brooklyn Center within 10 days of the date of this letter. The total amount that is past due as of October 13, 2008, is $355.57, which became past due on September 25, 2008. If payment has been made, please disregard this notice, as I will consult with the City Public Utilities Division after your due date. Questions regarding utilities may be directed to the Utilities Division at 763-569-3390. Section 12-901 of the Brooklyn Center Code of Ordinances sta.tes "prior to issuance or renewal of a license and at all times during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property a.nd any other rental real property in the city owned by the license holder." fees taxes and assessments due on the rental f all utih ilure to kee current on the a ment o Fa p p y tY property so will result in legal prosecution by the City and posting of the property as unlicensed. Sincerely, Sharon Knutson City Clerk i 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityof6rooklyncenter.org G�.SQN, GLELLAND 8� SG7313EDE1� „B,TTO$NE�S AT X.4W �ROF63310NAL tIM1TE0 11AB�LITY DARTNQRSHIP TEIEP►iONE JEFPREY A. CARSON 6300 SHINGLE CaEEK PARKWAY S�iTE 306 �763f 66�-2900 WiLLts�sn 6. CIELLAMO tMINNEAPOLIS. MIwNe90rn5543� FaX ELLEN M. SC�-1REDER (763) 56�^�9`+3 DnVIO Y.- R08S DAWN E. SPELT2 JOriro J. THAMES AU�USt ZOO9 By Certified Mail and U.S. Mail Ita Ekal� 7`704 Tessman Dr. Brooldyn Park, Minnesota 55445 RE: Notice of proposed license action Dear Sir, Enclosed herewxth and served upon you is a notice of proposed action against your rental lice�se for that premises at 4216 Lalcebreeze A.venue I�i. e further advised that an action abainst the license is not the sole ox e�.clusive You ar remedy available to the City and the City reserves the right for further cz'vil and criminal proceedinbs. Sincerely, ¢A�O LE L SCHREDER ��4 ti(J��M�C '.�'ii�i' Prosecuting Attorney cc City Manager, Le Fevere, Knutson �iz �d gtis �oN s wdo5 boaz NOTICE OF PROPOSED LICENSB 1�CTION 'You are hereby noLified, pursuant to Section 12-910 of the ordina.nces of the City o� Brooklyn Center, that a hearizzg before the City Counci! shall be held on the 14`'' day of September 20�9 at 7:00 pm o' clock at tl�.e Brooldyn Center City Hall, 6301 Shingie Creek Parkway, Brooklyn Center, Minnesota 55430, at which time the City Council shall coz�.sider the revocation, suspension or non renewal of the rental license held by Ita Ekah for that residential rental property at 4216 Lakebz'eeze N., Brooklyn Center, Minnesota. The grounds for this license action a,re the failure of the licensee to pay tra..e utilities, now overdue and delinquent in the amount of $�,225.22 effective 91u1y 2009 and which utility costs continue to accrue. Section 12-901 su6d 4 provides that as a conditzon of acquirin; rez�tal license and m,aintainina a rental license, the licensee must be current on pa�►ments for all assessments, taxes and utilities. Section 12-914 provides fox the revocation, suspension or non renewal of a zental license for, inter alia, failure to operate or maintain tk�e license premises in conformity ruith alI applicable state laws a.nd codes and the City Code or Ordznances and anY other violation of Chapter 12. Ei� �d sti5 �oN s��� wdo� g 600Z ���ti Created Date/Time: 09/08/2009 10:02:37 AM Customer Number: 00037858 Account Number: 0060480008 Service Address: 4216 LAKEBREEZE AVE Mailing Address: EKAH ITA 7704 TESSMAN DR BROOKLYN PARK MN 55445-2732 Customer/Account Transaction History Trans Date Transaction Amount Balance I 08/26/2009 0:00 Cycle Billing Due: 09/24/2009 $371.09 $1,626.31 U8/07/2009 0:00 Certification Admin Fee �3U.U0 �1 ,z�5.�� Pas-f due a.n�ooc�t 07/09/2009 0:00 Certification Recycling $65.52 $1,225.22 07/09/2009 0:00 Certification Recycling ($65.52) $1,159.70 07/09/2009 0:00 Certification Storm Drainage $96.56 $1,225.22 07/09/2009 0:00 Certification Storm Drainage ($96.56) $1,128.66 07/09/2009 0:00 Certification Water $548.56 $1,225.22 07/09/2009 0:00 Certification Water ($548.56) $676.66 07/09/2009 0:00 Certification Street Light $31.33 $1,225.22 07/09/2009 0:00 Certification Street Light ($31.33) $1,193.89 07/09/2009 0:00 Certification Sewer $371.87 $1,225.22 07/09/2009 0:00 Certification Sewer ($371.87) $853.35 07/01/2009 0:00 Penalties Water $54.85 $1,225.22 07/01/2009 0:00 Penalties Street Light $3.13 $1,170.37 07/01/2009 0:00 Penalties Sewer $37.19 $1,167.24 07/01 /2009 0:00 Penalties Recycling $6.55 $1,130.05 07/01/2009 0:00 Penalties Storm Drainage $9.66 $1,123.50 05/27/2009 0:00 Cycle Billing Due: 06/24/2009 $702.62 $1,113.84 04/01/2009 0:00 Penalties Water $10.46 $411.22 04/01/2009 0:00 Penalties Street Light $1.49 $400.76 04/01/2009 0:00 Penalties Sewer $17.71 $399.27 04/01/2009 0:00 Penalties Recycling $3.12 $381.56 04/01/2009 0:00 Penalties Storm Drainage $4.60 $378.44 02/25/2009 0:00 Cycle Billing Due: 03/25/2009 $338.84 $373.84 02/25/2009 0:00 Estimation Fee $35.00 $35.00 02/13/2009 0:00 Payment Check ($819.43) $0.00 02/06/2009 0:00 Ce�tification Admin Fee $30.00 $819.43 01/14/2009 0:00 Certification Storm Drainage $53.52 $789.43 01/14/2009 0:00 Certification Storm Drainage ($53.52) $735.91 09/14/2009 0:00 Certification Street Light $14.60 $789.43 01/14/2009 0:00 Certification Street Light ($14.60) $774.83 01/14/2009 0:00 Certification Sewer $412.35 $789.43 01/14/2009 0:00 Certification Sewer ($412.35) $377.08 01/14/2009 0:00 Certification Recycling $30.28 $789.43 01/14/2009 0:00 Certification Recycling ($30.28) $759.15 01/14/2009 0:00 Certification Water $206.91 $789.43 01 /14/2009 0:00 Certification Water ($206.91) $582.52 12/31/2008 0:00 Penalties Water $20.69 $789.43 12/31/2008 0:00 Penaities Street Light $1.46 $768.74 12/31 /2008 0:00 Penalties Sewer $41.24 $767.28 12/31/2008 0:00 Penalties Recycling $3.03 $726.04 12/31/2008_0:00 Penalties Storm Drainage $5.35 $723.01 11 /26/2008 0:00 Cycle Billing Due: 12/24/2008 $327.09 $717.66 11/26/2008 0:00 Estimation Fee $35.00 $390.57 10/09/2008 0:00 Payment Check ($108.99) $355.57 10/01 /2008 0:00 Penalties Water $9.95 $464.56 10/01/2008 0:00 Penalties Street Light $1.80 $454.61 10/01/2008 0:00 Penalties Sewer $21.57 $452.81 10/01/2008 0:00 Penalties Recycling $3.41 $431.24 10/01/2008 0:00 Penalties Storm Drainage $5.50 $427.83 09/03/2008 0:00 Payment Check ($805.00) $422.33 08/27/2008 0:00 Cycle Billing Due: 09/24/2008 $313.34 $1,227.33 08/27/2008 0:00 Estimation Fee $35.00 $913.99 08/08/2008 0:00 Certification Admin Fee $30.00 $878.99 07/03/2008 0:00 Certification Storm Drainage $103.44 $848.99 07/03/2008 0:00 Certification Storm Drainage ($103.44) $745.55 07/03/2008 0:00 Certification Street Light '$33.87 $848.99 07/03/2008 0:00 Certification Street Light ($33.87) $815.12 07/03/2008 0:00 Certification Sewer $407.03 $848.99 07/03/2008 0:00 Certification Sewer ($407.03) $441.96 07/03/2008 0:00 Certification Recycling $70.37 $848.99 07/03/2008 0:00 Certification Recycling ($70.37) $778.62 07/03/2008 0:00 Certification Water $157.10 $848.99 07/03/2008 0:00 Certification Water ($157.10) $691.89 07/02/2008 0:00 Penalties Water $15.71 $848.99 07/02/2008 0:00 Penalties Street Light $3.39 $833.28 07/02/2008 0:00 Penalties Sewer $40.70 $829.89 07/02/2008 0:00 Penalties Recycling $7.04 $789.19 07/02/2008 0:00 Penalties Storm Drainage $10.34 $782.15 05/28/2008 0:00 Cycle Billing Due: 06/25/2008 $325.84 $771.81 04/02/2008 0:00 Penalties Water $8.71 $445.97 04/02/2008 0:00 Penalties Street Light $1.75 $437.26 04/02/2008 0:00 Penalties Sewer $21.09 $435.51 04/02/2008 0:00 Penalties Recycling $3.64 $414.42 04/02/2008 0:00 Penalties Storm Drainage $5.35 $410.78 02/27/2008 0:00 Cycle Billing Due: 03/26/2008 $340.84 $405.43 01 /22/2008 0:00 Payment Check ($645.90) $64.59 01/18/2008 0:00 Certification Water $108.89 $710.49 01/18/2008 0:00 Certification Water ($108.89) $601.60 01/18/2008 0:00 Certification Street Light $29.23 $710.49 01/18/2008 0:00 Certification Street Light ($29.23) $681.26 01/18/2008 0:00 Certification Sewer $358.60 $710.49 01/18/2008 0:00 Certification Sewer ($358.60) $351.89 01/18/2008 0:00 Certification Recycling $61.74 $710.49 01/18/2008 0:00 Certification Recycling ($61.74) $648.75 01/18/2008 0:00 Certification Storm Drainage $87.44 $710.49 01 /18/2008 0:00 Certification Storm Drainage ($87.44) $623.05 01/02/2008 0:00 Penalties Water $10.89 $710.49 01 /02/2008 0:00 Penaities Street Light $2.92 $699.60 01 /02/2008 0:00 Penalties Sewer $35.86 $696.68 01/02/2008 0:00 Penalties Recycling $6.17 $660.82 01/02/2008 0:00 Penalties Storm Drainage $8.75 $654.65 11/28/2007 0:00 Cycle Billing Due: 12/26/2007 $305.70 $645.90 10/03/2007 0:00 Penalties Water $5.36 $340.20 10/03/2007 0:00 Penalties Street Light $1.39 $334.84 10/03/2007 0:00 Penalties Sewer $17.08 $333.45 10/03/2007 0:00 Penalties Recycling $2.94 $316.37 10I03/2007 0:00 Penalties Storm Drainage $4.16 $313.43 08/29/2007 0:00 Converted Billing Code $309.27 $309.27 08/07/2007 0:00 Converted Payment Code ($728.55) $0.00 05/30/2007 0:00 Converted Billing Code $66.23 $728.55 05/30/2007 0:00 Converted Billing Code $311.65 $662.32 02/28/2007 0:00 Converted Billing Code $31.88 $350.67 02/28/2007 0:00 Converted Billing Code $318.79 $318.79 01 /09/2007 0:00 Converted Payment Code ($373.75) $0.00 11/29/2006 0:00 Converted Billing Code $33.98 $373.75 11/29/2006 0:00 Converted Billing Code $306.05 $339.77 10/10/2006 0:00 Converted Payment Code ($337.18) $33.72 08/30/2006 0:00 Converted Billing Code $33.72 $370.90 08/30/2006 0:00 Converted Billing Code $337.18 $337.18 I I City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager THROUGH: Vickie Schleuning✓D'� ector of Building Community Standards FROM: Gary Gilpin, Building Official DATE: September 28, 2009 SUBJECT: Appeal of Chapter 12 Compliance Order Submitted by Ms. Janine Atchison, rental property owner of 5909 June Avenue North Recommendation: It is recommended that the City Council, servi.ng as the Board of Appeals, consider adoption of a resolution addressing an appeal of rental compliance orders under Chapter 12 of the City Code by Ms. Atchison. The primary recommendations are as follows: Discontinue enforcement of City Ordinance Section 5-204( fl requiring hard wired smoke detectors for duplexes due to a conflict with the current Minnesota State Building Code. Affirm the compliance order for City Ordinance Section 12-402 (3) regarding the repair or replacement of the improperly maintained refrigerator door gasket. At the Housing Commission meeting on September 15, 2009, Ms. Atchison sta.ted she was not proceeding with the appeal of the other code violations found at her rental property. A sample resolution has been included for convenience. The Council may adopt or amend the resolution as it deems appropriate. Background: A rentallicense inspection was conducted for 5909 June Avenue North by City staff on June 2, 2009. On June 5, 2009, City staff received an appeal from the landlord to the compliance orders. As suggested by city ordinances, the City's Housing Advisory Commission reviewed the appeal with Ms. Atchison and other city staff on September 15, 2009. By ordinance, the City Council serves as the Board of Appeals to heaz the appeal and make a decision whether the interpretation of the City ordinance is erroneous. The board of appeals may reverse, modify, or affirm, in whole or part the compliance order and may order return of a11 or part of the filing fee if the appeal is upheld. Citv Ordinance Section 5-204f: Hard-wired smoke detector reauirement Although the City Fire Code Section 5-204f requires all battery-operated smoke detectors be removed from a11 rental units and replaced with smoke detectors hardwired into the units' 110 volt electrical system by December 31, 1993, because of subsequent changes to the Minnesota Sta.te Building Code and a recent court case, it is recommended by the city attorney, prosecuting attorney, staff and Housing Commission that the current ordinance not be enforced at this time for duplexes and staff review options for amending the ordinance. The hard-wired smoke detector requirement was adopted in the early 1990's in order to provide a higher degree of safety to tenants during fires by eliminating some of the problems caused by lack of smoke detector maintenance, and tampering or removal of batteries. This code section now conflicts with current State Statute and needs to be revisited. The State Statute gives the City authority to be more restrictive as it relates to requirements for the installation of hard wired smoke detectors in single faxnily residences and apartments but is silent as it relates to requirements for hard wired smoke detectors in duplexes and townhomes. Although a duplex is sometimes referred to as a single family attached dwelling, this defuution is not clearly defined by State Statute and duplexes are not addressed relative to State Sta.tutory and code requirements for hard-wired smoke detectors. Both the city attorney and prosecuting attorney believe it would be difficult for the city to continue to enforce smoke detector requirements with the current ordinance for anything other than single family dwelling units and apartment buildings. In addition, if the ordinance is revised, it should reflect current State Fire Code and the State Fire Marshall's office requirements. Citv Ordinance Section 12-402 (3) Refrieerator �asket in noor renair City Ordinance Section 12-402(3) requires a refrigerator or similar device for the safe storage of food at or below 40 degrees Fahrenheit, which is properly installed with a11 necessary connections for safe, sanitary and efficient operation. According to the inspector, the gasket on the refrigerator was found partially detached on portions of the bottom of the refrigerator door, which would compromise the sealing of the door and not meet the ordinance requirement regarding safe, sanitary and efficient operation. Refrigerators are designed to ensure the safe, sanitary and efficient operation. If parts of equipment are removed or not maintained in the condition the manufacturer designed and intended, there is no assurance that it is performing as originally designed. Therefore, staff would be unable to assure the safe, sanitary or efficient operation of the equipment due to the deviation from the design standards. The City Attorney and prosecuting attorney support the staff interpretation of this ordinance. It would be difficult to specify every type of violation that could occur for each standazd. For example, faulty gaskets, cracked liners, holes in doors, exposed electrical wire for bulb, rusty shelves, door not closing, etc. The City's Housing Advisory Commission felt that the city code was not c�ear regarding the definition of "efficient operation", and did not specify components of the refrigerator as part of the code. A copy of the Housing Advisory Commission recommendations is attached. Attachments: Resolution Memo Regarding Housing Advisory Commission Recommendations Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADDRESSING APPEAL OF CERTAIN RENTAL INSPECTION COMPLIANCE ORDERS FOR 5909 JiJNE AVENUE NORTH IN BROOKLYN CENTER, MINNESOTA WHEREAS, the City Council serves as the Boazd of Appeals regarding appeals of City Code Chapter 12 regarding regulation of rental properties; and WHEREAS, Janine Atchison, landlord of 5909 June Ave N, appeals the interpretation of two city code compliance orders regarding smoke detectors and refrigerator gasket maintenance; and Wf�REAS, �1ie Boazd of Appeals finds that the City Ordinance Section 5-204f requiring a11 battery operated smoke detectors to be replaced by hard-wired smoke detectors by December 31, 1993 is in conflict with the current Minnesota State Building Code; and WHEREAS, the Boazd of Appeals finds that the improperly maintained refrigerator gasket is in violation of City Ordinance Section 12-402(3) as indicated by the compliance order; and WHEREAS, it is in the best interest of the city to ensure rental properties are maintained to minimum property maintenance standards in order to protect the public's health, safety and general welfare in accordance with city and state codes; and NOW, TI�REFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The enforcement of City Ordinance Section 5-204f requiring hard-wired smoke detectors be discontinued for duplexes to be consistent with Minnesota State Building Code. 2. City staff review options for amending City Ordinance Section 5-204f. 3. The compliance order regarding the repair of the gasket per the city's rental inspection Compliance Notice be enforced. The appellant shall ha.ve 30 days from the date of tlus resolution to correct the violation. Date Tixn Willson, Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i I MEMORANDUM TO: Curt Boganey, City Manager THRU: Gary Eitel, Director of Business and Development FROM: Tom Bublitz, EDA/HRA Specialist DATE: September 22, 2009 SUBJECT: Appeal from Chapter 12 Compliance Order Submitted by Ms. Janine Atchison as Reviewed by the Housing Advisory Commission at the September 15, 2009 Housing Commission Meeting Recommendation: The purpose of this memorandum is to convey the Housing Commission's recommendation on the appeal. The staff inemo from the City's Building Official addresses the staff position on this item. Back�round: The City Council has received an appeal from certain compliance orders under Chapter 12 of the City Code. The appeal is from Ms. Janine Atchison, owner of the duplex property located at 5907 —5909 7une Avenue North in Brooklyn Center. Chapter 12 establishes the City Council as the Board of Appeals for Chapter 12 appeals but Section 12-1203 (attached) specifies "the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendations from the Advisory Housing Commission". Also, the "Resolution Establishing a Brooklyn Center Housing Commission and Defining Duties and Responsibilities Therefor" specifies that the Housing Commission shall "serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to Building Maintenance Ordinance Sections 12-1202 and 12-1203". On September 15, 2009 the Brooklyn Center Housing Advisory Commission met to hear the appeal from Ms. Atchison. Housing Commission Members present were Chair Steve Landis, Commission Members Gretchen Knutson, Kris Lawrence-Anderson, Judy Thorbus and Joshua Xiong. Commissioners Kathie Amdahl and James Richards were absent and excused from the September 15`� meeting. Staff present at the September 15`� Housing Commission meeting were Assistant City Manager Vickie Schleuning, Building Official Gary Gilpin, and EDA/HRA Specialist and Housing Commission Liaison Tom Bublitz. Presentations were made by Ms. Atchison and staff. The Housing Commission discussed the compliance item associated with Ms. Atchison's property including the relevant state statutes, codes and Chapter 12 of the City Ordinances. Please see the memorandum from Building Official Gary Gilpin dated September 22, 2009 for detail on the relevant codes addressed in this appeal. �'il During the discussion of the compliance items at the September 15�' meeting, it became apparent the focus of Ms. Atchison's appeal consisted primarily of two compliance items described by the following excerpts from the June 3, 2009 violation notice (attached) to Ms. Atchison. Comnliance Item #9 Install hardwired smoke detectors on every level and in every bedroom. (See Section 5-204f.) Provide hardwired detectors in both bedrooms. NOTE: City code reference should be 5-203f (attached). Comnliance Item #5 Repair or replace refrigerator door gasket. (Section 12-402) The City's Housing Advisory Commission made the following recommendations at their September 15, 2009 meeting. Comnliance Item No. 9 Install hardwired smoke detectors on every level and in every bedroom. (Section 5-203f- attached Provide hardwired detectors in both bedrooms. With regard to requiring hardwired smoke detectors as per the June 3,2009 violation notice and after hearing discussion on the various State, National and Municipal codes affecting this compliance order, the Housing Commission believed they were not in a position to enforce this compliance order where there were such signi�cant inconsistencies in the various codes affecting installation of hard wired or battery operated smoke detectors. The Housing Commission requested the Building Official to provide additional information to clarify the apparent inconsistencies with regard to the City's ability to require hardwired smoke detectors as per the comphance order. Housmg Commission Members believed it is the goal of the City to make city ordinance enforceable and the Commission believed, in this situation, the ordinance needs to be revised and made consistent with the appropriate State and/or National laws and codes. Comnliance Item No. 5 Repair or replace refrigerator door gasket. (Section 12-402 attached) With regard to the compliance ordering requiring the repair or replacement of the refrigerator door gasket, the Housing Commission believes that the language in the ordinance as written is not clear and that the term "efficient operation" is not clearly defined and needs to be rewritten. The Commission emphasized the need to revise this section of the ordinance and believed that this section of the ordinance as written is not enforceable. Remainder of Comnliance Order Items The Housing Commission upheld the staff s recommendations on the remainder of the compliance orders in the June 3, 2009 violation notice for 5907 June Avenue North and as agreed by the appellant at the September 15, 2009 Housing Commission meeting. Bud�et Issues: There are no budget issues. Section 12-1201. COMPLIANCE ORDER. Wheneverthe compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the Ordinance and ordering the owner, occupant, �perator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this Ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by 1 class mail to his/her last known address; or c. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Violations may be cited by the City and prosecuted, and license suspension, revocation or non-renewal may be undertaken by the City whether or not a compliance order has been issued. �Section 12-1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Ordinance, such person may appeal the compliance order to the City Council sitting as a board of appeals. Such appeals musf be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with the departrnent ofplanning and inspection within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. Section 12-1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the boazd of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory housing commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. City of Brooklyn Center 12-28 December 3, 2003 City of Brookl�n C�nter Community Devaiopment Department 6301 Shfngk Cnek Parkway 35430 Pbone: 763,5693330 Fa� 763-56�3360 June 3, 2009 Fl�tST N�TICE Janme At�hison 5907 June Ave N Brooklyn Ce�er MN 55429 RE: 5909 Juae Ave N Dear Property Uwn�r: The follawiag violations were citai duriag a receat inspection af yout property: Acceasory Structnrn lnat�ll GFCI ontleta in int�ior of the garsga (Sec. l.Z-SO4) ExterioriDoon/Windows ScraP�� P�� P+�t Si�S� servicc door. (3ee.12-702) 3 8�psirlreplace mias�a� �arage window. (Sec 7Z-703) Interior/Cammon Are�a y Insta111R" sheetrock w►ith taped joTint� below �tair strin�er and sdjacept walL. {Sec.12 Kitchen/Diatn� S Repair or replsce nfrfgerator door g,sslcet (Sec. 11-40Z) MechanicaVLanndry Room Seat air wnditioner peaetntion thrnngh tbe ezterior af ti�e 6onre to pe�event tLe eatry of insect�. (Sec I�70� '7 Repair/replace lealdng laandry tnb fsucet (Sec.12) Pi�mbiag Y Instati vacnnm bre�kar oa e=terior hose bibs. (471�2110A) Smoke Detectors Install hard �vie�ed smoke deteetors on �wery kvel and in rvery bedroom. (Sec. 5-204!) Provide hardw�it�ed detectols ia bot� bedrooma. Reinspection to verity eude compliance is �c6edakd for Walne�day, Jnty 8, 20Q9 is the P� Please aontact aa at {7b3) 569-3330 if this date creiw a conllicL Resolntan Na 200&1S0 provida !or a minimnm fee of 5100.OQ to be char�ed for e�ch raiaspection necessary after tl�e 5rst raaspectioa. The rainspectioa fee must be paid prior to the issuaace of a reatal license. City Ordinsnces (12 1202) also provide for a Right of Appeal, w5en ii is alkged tbat a Comgliaaco Ord�' is based upon erroneous interprebriaa of tha Ordinanc� �he Appeal must be submitied, in writinS specifyin6 the �'°uada fior ApP� within five (5) business dsys a$as sasvice of t3►e order, aad must be a�ccompaaied by a fee of SS0.00 ia ca�h er ca�hhiei's check MN Stuues 504B.ZI 1 r=quires a undlard to give a teaarrt ra�sbk eowx ti�t aatiy to tbe reatal unit may tska pLce f� a t�e purposes of perFarmin$ aa inspcctiom. Pkas� natity yar ten�ub of 1be dste and time of tMe inspec2ion ai lea�48 �ma in advance. 'If you bave aay que�ima� Plea�e coa�t m at 7.63�569-3330. Sinceraly. Scott Sadutky HousinBInspecmr i I 2. Exception: Listed electric or gas-fired barbecue grills that are permanently mouated, wired, or plumbed to the building's gas snpply or electrical system es on all si unless listed 0 18 inch des, and that maintain a min.i.mvm clearance f for Iesser clearances, may be installed on balcflnies and patios when approved by the fire chief. Z 3 f. .�Fise Alarna Sv.stems and,�moke Detectors: 1. Standazds for installation, inspection and matntenance of the fire �larm system sha11 be accorcling to standards in IFC. 2. Wlwever shall render a sm.oke detector or fire alarm system inopexable by removi.ng the bat�ery or disconnecting or dismantling the detector, or fire alarm system, in any rental, commercial or business unit, is guilty of a misdemeanor. 3. All battery-operated smoke detectors shall be removed from a11 rental units and replaced with smoke detectors hard wired into �he units' 114 volt electrical system by December 31,1993. g. Incident Control Costs: Every person, firnn, or corporation that is not a resident of the City or the owner of real property in the City subj ect to rea1 properiy taxes, shall be liable for all incidents or preventin.g the spread, or extinguishing any fire caused by or resulting from lus, her, or its acts, negligence, or omissions. The fire chief shall keep a record of the cost, includin.g work done by firefighters and other City employees and equipment. The fire chief shall then bill the person, firm, or carporation liable for the fire. No license of any person, firm, or corpoxation liable for the expenses incurred in fire control as provided above shall be renewed if the licensee is default in payment of any bill hereunder. h. Intemretation and. Confli.ct with the Minnesota State Buildi.ng Code: In the event of a conflict betwe�n the pmvxsions of the �C or the M'innesota State Building Code and the provisions of this ordinaace, the more slringeut provisions shall apply, provided, however, that no provision of this ordinance sha1l be interpreted. to exceed the requirement of the Minnesota State Building Code as adoptsd by the ordinance of the City of Brooklyn Center. i. Onen Burnsns: 1. Except as authorized in this section, open burning of any material is prohibited. 'Thi.s pmhibition does not apply ta burning conducted by governmental authorities who have secured permission from the fire cluef or to outdoor cooking usi.ng only pmpane or charcoal. City of Brooklyn Center 5-6 02/2I/09 Section 12-401. 1�ZQJIMUM STANDAR.DS FOR BASIC EQLTIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, and eating therein, which does not comply with the following requirements. ection 12-402. KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked and which shall have adequate circulation area, and which shall be equipped with the following: 1. An approved kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to an approved sewer system. 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment, and utensils and of food that does not require refi for safekeeping; and a counter or table for food prepazation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food at or below 40 degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide sazne on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. Section 12-403. TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room which is equipped with an approved flush water closet in good working condition. In a rental dwelling unit, such room shal] have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of nmr,ing water under pressure to cause the water closet to be operated properly, and shall be connected to an approved sewer system. Section 12-404. LAVATORY SINK. Within every dwelling unit there shal] be an approved lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. City of Brooklyn Center 12-9 Decernber 3, 2005 City Council Agenda Item No. lOc r i ITEM MEMORANDUM TO: Curt Bo ane Cit Mana er g Y� Y g From: Gary Eitel, Community Development Director Date: September 22, 2009 Subject: Resolution Authorizing Termination of Existing Subdivision Agreements (Richardson park Plat —1989 and Richardson Park 2n Addition —1990) Recommendation: Recommend adoption of the Resolution Authorizing Termination of Existing Subdivision Agreements (Richardson park Plat —1989 and Richardson Park 2 Addition —1990) Back�round Information: On August 10, 2009 the City Council adopted Resolution No. 2009-09 granting final plat approval to Richardson Park 3 Addition which created the 8.57 acre lot for the FBI Regional Field Of�ce and a 4.91 acre lot for future redevelopment. This subdivision involved the replatting of the following properties: Tract A, RLS 1477 (former Days Inn site) Lot 1 Block 1, Richardson Park 2 Addition (former Olive Garden site) Lot 2, Block 1, Richardson Park 2 Addition (former Cracker Barrel site) As part of the title work for these two newly created lots, Old Republic National Title Insurance Company is requesting a ternunation of subdivision agreements is recorded as these two lots relate to the revious Richardson Park Addition ocument 5692781 and Richardson Park 2 nd P Addition (Document 5529233). These former subdivision agreements related to the initial installation of public utilities and streets for James Circle and the develo ment of the former Olive Garden and Cracker Barrel P restaurant sites and can be terminated at this time. Bud�et Issues: There are no budget issues related to this action. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING TERMINATION OF EXISTING SUBDNISION AGREEMENTS (RICHARDSON PARK PLAT 1989 AND RICHARDSON PARK 2� ADDITION —1990) WHEREAS, the City, Shingle Creek Land Company and Mr EMS System, Inc. entered into that certain Subdivision Agreement da.ted on or about Apri126, 1989, filed May 1, 1989 in the Office of the County Recorder of Hennepin County as Document No. 5529233, and filed April 27, 1989 in the Office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 2008690; and WHEREAS, the City and Shingle Creek Land Company entered into that certain Subdivision Agreement dated on or about August 14, 1990, filed August 16, 1990 in the Office of the County Recorder of Hennepin County as Document No. 5692781, and filed August 15, 1990 in the Office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 2117378 (together with the Subdivision Agreement described in the preceding paragraph, the "Subdivision Agreements"); and WHEREAS, the Economic Development Authority of the City of Brooklyn Center, Minnesota, entered into that certain Real Estate Option Agreement (the "Option Agreement") with the United States of America, acting by and through the U.S. General Services Administration ("GSA"), for the purpose of locating certain Federal facilities consisting of office space to be leased to the Federal Bureau of Investigation containing appro�ately 162,000 square feet of rentable space with future expansion capabilities in conjunction with an onsite structured pazking facility having a minimum of 200 spaces within the City of Brooklyn Center, Minnesota (the "Project"); and WHEREAS, the rights of the GSA under the Option Agreement have been assigned to Barry Minneapolis, LLC, a developer selected by the GSA to design and build the Project (the "Developer") and that upon exercise of the option under the Option Agreement, the Authority and the Developer will enter into a Development Agreement providing for the Authority's assistance with the Project (the "Development Agreement"}; and WHEREAS, pursuant to the terms of the Option Agreement, the Developer has objected to the cunent status of certain items of record with respect to the real property on which the Project is to be situated, including a request that the Subdivision Agreements be terminated; and WHEREAS, the City Council has determined that it is necessary and expedient to so terminate the Subdivision Agreements for the benefit of the Project; NOW, TI�REFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: I RESOLUTION NO. l. The City Council hereby approves the termination of, and does hereby terminate, the Subdivision Agreements with respect to the real property to be platted as Richardson Park 3 Addition, Hennepin County, Minnesota, which property is further described on Exhibit A attached hereto, and the is hereby authorized and directed, on behalf of the City, to execute any documents reasonably required to reflect or document of record such termination, each on behalf of the City. 2. The approval hereby given to the termination of the Subdivision Agreements with respect to the Project includes approval of such additional details therein as may be necessary and appropriate, and such modifications thereof, as may be necessary and appropriate and approved by the City or Authority officials authorized by this resolution to execute any document related to the termination of the Subdivision Agreements. This resolution, together with the execution of any required documentation to be executed in connection with the termination of the Subdivision Agreements the appropriate officer or officers of the City ar Authority shall be conclusive evidence of the approval of the termination of the Subdivision Agreements in accordance with the terms hereof. Sentember 28. 2009 Date Mayor The motion for adoption of the foregoing resolution was duly seconded by member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declazed duly passed and adopted. 2 RESOLUTION NO. Exhibit A Metes and Bounds Description of that Portion to be Platted into Lot 1, Block l, RICHARDSON PARK 3RD ADDITION Tract A, Registered Land Survey No. 1477, according to the recorded plat thereof, Hennepin County, Minnesota, together with that part of Lot 2, Block 1, RICHARDSON PARK 2ND ADDITION, according to the recorded plat thereof, said Hennepin County, which lies easterly and northerly of the following described line: Commencing at the northwest corner of said Lot 2; thence easterly on an assumed bearing of North 86 degrees 53 minutes 07 seconds East, along the northerly line of said Lot 2, a distance of 136.00 feet to the point of beginning of the line to be described; thence South 3 degrees 07 minutes 12 seconds East a distance of 102.56 feet; thence South 47 degrees 07 minutes 12 seconds East a distance of 57.45 feet; thence North 89 degrees 58 minutes 58 seconds East to the east line of said Lot 2 and said line there terminating. 1 i R/CHARDSON PARK 3RD ADD/T/ON R.T. 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City Council Agenda Itern No. lOd i City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Mayor and City Council FROM: Curt Boganey, City Mana�'!� DATE: September 24, 2009 SUBJECT: Amend 2009 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2009 City Council meeting schedule as follows: Add October S and November 2" 6:30 p.m. for Budget Work Session w/Financial Commission Background: At the August 31, 2009 joint budget work session, it was agreed that additional meetings should be scheduled to review in greater detail the proposed City Manager recommend General Fund Budget at the departmental level. This review will allow the City Council and the Financial Commission a more in depth review in advance of final budget consideration in December. Budget Issues: There are no budget issues to consider. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hail TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityof6rooklyncenter.org AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 28, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS l. Placement of Signs in Right Of Way 2. Rental Ordinance Amendments PENDING LIST FOR FUTURE WORK SESSIONS September/October l. Sister City Relationship-Mayor Willson 2. Strategic Plan Goals Outcomes Success Measures 3. TIF Districts Update 4. Brookdale Ma11 Update 5. 57th and Logan Update 6. Administrative Fines Update 7. Zoning/Code Enforcement Ordinance Amendments 8. Neighborhood Designations 9. Center Pointe Apartments Update Later/Ongoing 1. Strategic Outcome Reports 2. Department Year End Reports 3. Legislative Update 4. Community Schools Update 5. 2011 Brooklyn Center Celebration Update 6. Ordinance Amendments Farmers Mazket 7. Firehouse Park Report 8. Group Homes Councilmember Ryan 9. Crime Free Hous'ing Update 10. CommuniTy Gardens Councilmember Lasman Work Session Agenda Item No. 1 City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE; September 25, 2009 TO: City Council FROM: Curt Boganey, City Manag� SUBJECT: Temporary Signs in Right of Way COUNCIL ACTION REQUIRED Council direction regarding an ordinance amendment if deemed appropriate is requested. BACKGROUND I have attached a copy of the City Attorney review of this topic per Council direction. Staff will provide further comment and feedback at the meeting. COUNCIL POLICY ISSUES Is an amendment to the sign ordinance necessary and appropriate at this time? What ordinance amendments should the Council consider? 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter. org CxaxLES L. LEFEVExE Attomey at Law Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com September 14, 2009 Curt Boganey, Mana.ger City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Re: Signs in the Public Right-of-Way Dear Curt: You ha.ve asked for my comment on the legal issues associated with allowing private signs in the public right-of-way and on the issues associated with measuring areas where signs are permitted from the edge of the improved roadway surface or curb rather than the edge of the right-of-way boundary. In most cases, the right-of-way for public streets has been dedicated to the public for right-of-way purposes in a plat by the owner of the property. The city does not own the property, but has the right to improve it for a roadway, sidewalk, utility, and other public riglit-of-way purposes for the benefit of the public. The property in these cases is still owned by a private party. Most commonly, the owners of the properly along either side of the road own the underlying property to the center of the road. Because this dedicated right-of-way is still privately owned, the city cannot give another party the right to a private use of the right-of-way. That is, the city cannot give citizen Smith the right to place a sign on the public right-of-way in front of landowner Jones' property because that property is owned by landowner Jones subject to the rights of the public to improve and use the right-of-way area for right-of-way purposes. Therefore, someone wishing to erect a sign on another person's property should secure approval from the landowner, whether the sign is placed inside or outside the right-of-way. [Note that right-of-way for county roads may be held by the county as an easement or the county may actually own the right-of-way as the fee owner, and the county may have its own rules and regulations relating to the use of its right-of-way.) Cities generally regulate signs under their zoning codes, regulating the size, construction, placement, number, and purpose of signs in the various districts of the city. The authority to regulate under the city zoning code would be the same inside or outside of the public right-of-way. 357347v1 CLL BR291-4 Curt Boganey Ltr September 14, 2009 Page 2 The city also regulates activities within the right-of-way under its authority to manage the use of the right-of-way. The city can also regulate signs within the right-of-way under its authority to regulate the use of the public right-of-way. In enacting regulations for the use of the right-of-way or the regulation of signs, the city exercises its legislative judgment, weighing the various conflicting social, economic, aesthetic, and safety issues that may be involved. As such, its decision whether to allow signs under the city code, and the setbacks esta.blished for such signs, is protected by legislative or discretionary immunity. Therefore, the city will not incur liability as a result of its decision about the appropriate setback for signs from the right-of-way. However, of course, the Council will wish to consider safety as a factor in its decision, even if the city is not legally liable for the decision. One of the complicating factors in the regulation of signs is the protection afforded by the First Amendment guarantee of freedom of speech. However, whether the setback for signs is taken from the edge of the right-of-way or the edge of the improved roadway, there would not be a different First Amendment analysis. Therefore, for purposes of this limited decision, I believe that the City Council can ignore the First Amendment issues generally related to the regulation of signs. The factors goveming the Council's decision whether to allow signs in the right-of-way and whether to measure the setback for signs from the edge of the roadway or the edge of the right-of- way would seem to be primarily practical ra.ther than legal: One of the pra.ctical problems is that the public right-of-way is used for public utilities and telecommunications providers. Therefore, driving posts or stakes into the ground in the public right-of-way is perhaps more likely to result in damage to fiber optic cables or other such facilities. From an enforcement perspective, measuring from the edge of the right-of-way could require a survey, while meas�uring from the back of the curb is easily done with a tape measure. Therefore, measuring from the edge of the roadway is probably easier for citizens as well as code enforcement personnel than measuring from the legal boundary of the edge of the right-of-way. The edge of the right-of-way is sometimes very close to the back of the curb. In most cases, however, there will be some right-of-way outside of the improved roadway surface. In some cases, this additional right-of-way can be very wide. A regulation reqwring that a sign be set back 10 feet from the edge of the right-of-way might result in a sign being 15 feet from the edge of the roadway in one case and 60 feet from the edge of the roadway in another. If the Council believes that a sign should be at least 10 feet from the improved roadway for traffic safety purposes, requiring the setback from the edge of the right-of-way may result in a much larger setback. If the city council does not wish to allow any private signs in the public right-of-way, requiring a setback from the right-of-way line will assure that there aze no such signs. 357347v1 CLL BR291-4 Curt Boganey Ltr September 14, 2009 Page 3 If the regulations relate to the placement of permanent signs, measuring from the edge of the improved roadway can be a problem since the improved roadway may move somewhat with each road reconstruction project and may be widened in the future, perhaps even to an area including the location of the sign. However, if the regulations under consideration relate only to temporary signs, such as open house signs, measuring the pernussible area for the signage from the edge of the roadway would not create such a problem. The council may wish to consider a regulation that measures the setback from the edge of the traveled, or improved, roadway, but establishes that it cannot be within the right-of-way. This would avoid all potential conflicts with the right-of-way itself. Such a regulation might, for example, allow the placement of signs 10 feet back from the edge of the traveled portion of the roadway, provided such signs are outside of the public right-of-way. Let me know if you ha.ve any further questions. Very truly yours, Chazles L. LeFevere CLL:peb 357347v1 CLL BR291� MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION AUGUST 10, 2009 CITY HALL COUNCIL CHAMBERS EXCERPT FROM MINUTES GARAGE SALE SIGN ORDINANCE REVIEW Discussion continued on the Garage Sale Sign Ordinance. There was discussion on designating a specific distance from the curb or road surface; prohibiting the placement of signs between sidewalk and road; clarifying the definition of "temporary"; and making enforcement guidelines more consistent. Mayor Willson stated his position that he may not support an ordinance amendment. He is not opposed to reviewing a proposed amendment if the following are addressed: Determination of liability to the City if there were to be an accident due to sight line issues. Sign size should include a restriction based on the height being the top level of the sign (this should not be strictly based on the size of the sign, as the placement of the sign may be a factor). Exploration of an honor system whereby individuals posting signs include the date when the sign is posted to aid staff in the removal of signs. Exploration of a fine system for signs posted longer than allowed. Understanding that a more uniform enforcement of the ordinance will require additional staff time, resulting in an increase in property ta�ces. Understanding that an ordinance amendment will result in a change from the Planning Commission's focus on not allowing signs in thoroughfares and major roads in the City. It was noted that there is not support by the Council in weakening the current sign ordinance standards. There was discussion on designating a specific distance from the curb or road surface through policy implementation guidelines, rather than an ordinance amendment. The majority consensus of the City Council was to direct staff to provide Council with the following information: 1) A policy to implement a consistent message across the City departments on the enforcement of the current sign ordinance; 2) Analysis from the City Attorney regarding the effect of an ordinance amendment from the current restriction on sign placement in the right-of-way to a specific 10, 12, or 15 foot distance from the curb or road surface; and 3) Input on the statement that has been made that 3 feet is a safer distance for sign placement than the current standard. 08/ 10/09 -1- i Work Session Agenda Item No. 2 MEMORANDUM COUNCIL WORK SESSION DATE: September 28, 2009 TO: Curt Boganey, City Manager t/ y FROM: Vickie Schleuning, Assistant City Manager/Director of Building Community Standards SUBJECT: Discuss Updated Draft Revisions to Rental License Regulations in Chapter 12 COUNCIL ACTION REQUIRED .An updated version of the proposed revisions to City Code Chapter 12 in regards to rental licensing requirements is presented. Several updates were made based on Council feedback and further review. Staff is seeking direction from the City Council whether any final adjustments are needed or any issue needs further investigation before providing to the City Attorney's office for final ordinance amendment preparation. BACKGROUND A significant amount of feedback was considered in drafting revisions to the city's rental license including information from the Rental Neighborhood Improvement Strategy Action Teams, City Council, rental property owners and associations, residents, and city attorney and prosecutor, as well as other cities implementing similar types of regulations. The purpose of the rental license amendment is as follows: To establish minimum licensing standards to ensure that rental properties are maintained in conditions to protect the health, safety and welfare of the public to benefit tenants, neighbors and the community-at-large. To provide additional standards and tools to help substandard properties become well- managed properties, while supporting existing efforts of well-managed properties. To reduce the city's cost to the general taxpayer associated with regulation of substandard properties. Some highlights of the proposed ordinance include: Redefining "rental" property to include properties occupied by anyone other than an owner. Creating a new licensing category system with performance based categories, determined by a point system calculated based on the number of valid police service calls and on compliance with property codes. Creating standards in the ordinance, including the licensing categories that provide incentives (financial, operational, etc.) for well-managed properties. Providing additional corrective tools including implementation of various aspects of the Crime Free Housing Programs, an action plan and mitigation plan requirements. Adding and clarifying conditions that could affect the status of a rental license (suspension, revocation, denial and nonrenewal). Clarifying what is defined as a"disorderly activity" under the Conduct on License Premise, Section 12-911. Creating a greater degree of tenant responsibility for acts of "disorderly" conduct. Incorporating police service call criteria, previously included in the Provisional License Section 12-913, into the licensing category criteria. Genera� clarifying and cleanup of some ordinance sections. COUNCIL POLICY ISSUE5 Will adoption of the proposed rental license amendment support City Council goals to "Stabilize and improve residential neighborhoods" and "Having a safe and secure community?" Updated Revision Draft 09-25 '-09 Please note that some draft concepts in previous drafts have been removed from this version in order to closer reflect actual code revision. Feedback will be reviewed with the City Attorney's O and upon;Council direction will be sent to the Attorney's OfFce for fmal review and formatting. CHAPTER 12 BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 12-101. PURPOSE. The purpose of this Ordinance is to protect the public health, safety, and the general welfare of the people of #he City. These general objectives include, among others, the following: 1. To protect the character and stability of a11 buildings and property within the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfaze and health, including the ,physical, mental and social well-being of persons occupying bu.ildings within Brooklyn Center. 3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants` o� buildings. 4. To pro�ii.d� mixiimum standards for ligh# and yentilation, necessary to health and safety. 5. To prevent't�ie overcrowding of dvvellings by providing minimum space standards per' occupant for eac�i dwelling unit. 6: To provide ininimum standards for the maintenance of existing buildings, and to thus prevent slums and �light. 7. To preserve the vaiue of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this Ordinance;_i# intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord that are not specifically and clearly relevant to the provisions of this Ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. Neither in enacting this Ordinance is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 12-102. APPLICABILIT� OF ORDINANCE. Every building, as well as its City of Brooklyn Center 12-1 City Ordinance premises, and a11 occupied premises within Brooklyn Center shall conform to the requirements of this Ordinance, irrespective of when such building may have been constructed, altered, or repaired. Section 12-201. DEFINITIONS. The following definitions sha11 apply in the interpretation and enforcement of this Chapter where not otherwise defined within a section: l. Approved acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessorv structure a structure subordinate, to the main or principal building which is not used nor authorized to be used for living or sleeping by human occupants and which is located on or part�ally on the premises. 3. Buildin� any structure used or intended for supporting or sheltering any use or occupancy. 4. Comnliance Official the City Manager and his designated agents authorized to administer and �enforce;t�us Ordinance. 4b. Disorderlv Activities- anv co�duct for those activities listed in Section 12-91 L 5. Dwellin� a building, or portion thereofy designed' or used predominantly for residentiaY occupa�,cy,. of a continued riature, inc�uding one-family dwellings, twa family �d�vellings, arid multiple� family dwellings; but not including hotels and motels. 6 Dwelliri� unit a single residential accomxnoda.tion which is arranged, designed, '1 for one famil used or, rf �acant; ��intended for use exclusively as a domici e y. d it shall be considered as art of Where a private garag� is structurally attache p the building in��vhich the dwelling unit is located. 7. Familv,, any of t�i� �following definitions sha11 apply: —A persori or. per�ons related by blood, marriage, or adoption, together with his or their domestic=�servants or gratuitous guests, maintaining a common household in a dwelling unit; —Grou or foster care of not more than six 6 wards or clients b an authorized P Y erson or ersons, related b blood, mazriage, or adoption, together with his or P P Y their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; —A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. City of Brooklyn Center 12-2 City Ordinance 8. Flush water closet an approved toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garba�e putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable buildin� any building or part thereof that meets minimum standards for use as a home or place of abode by one or m�re persons. 11. Habitable room a room or enclosed floQr sp�ce used or intended to be used for living, sleeping, cooking, or eating purposes,�excluding bathrooms, water closet compartments, laundries, furnace rooms, unfuusl�ec� basements, (those without required ventilation, required electric� outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor spac�;, �oyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground le�el or in attics 12. Heated water water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature re�uired by government authority, measured at faucet outlet: 13. Kitchen: a sp�ce which contains a sink with counter working space, adequa.te space �or, installing cooking and refrigeration`equipment, and adequate space far the storage of cooking utensils. 14, M�ti�le familW dweliin� a dwelling or portion thereof containing three or more dwell'irig wuts. ti., 15�: Nonresidential� buildin� a11 other buildings or structures other than dwellings or �;;dwelling units: 16. Occt�nant any person (including owner or operator) occupying any structure, building; or part t�ie�eof, dwelling, dwelling unit, rooming unit or premise. 17. �Operator —�the��wner or agent who has charge, care, control, or management of a building, or part thereof. 18. Owner a person, agent, firm, or corporation ha.ving a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. 19. Permissible occunant load the m�imum number of persons pernutted to occupy a building or space within a building. Ciry of Brooklyn Center 12-3 Ciry Ordinance 20. Person an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbing all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. 22. Premises a platted lot or part thereof �,��r iinplatted parcel of land, either unoccupied or occupied by any structure thei�on. 23. Public Corridor a hall, corridor or .passageway'fo� providing egress from an occupied area to a public way and not within tli� exclusive control of one occupant. 24. Refuse all putrescible and nonputr�scible �aste solids inciuding garbage and rubbish. 25. Reinsnection a follow-up` inspection conducted to determine if a code violation has been corrected; a scheduled inspection' that a licensee, owner or other responsible party fails to attend; or a seh�duled inspection that dnes �not occur or is prev�nted due; to any act of a licensee, owner or responsible party. A reinsnecfion also `includes anv insnection conducted. in addition to the license insnectiori: and where :violations are found. 26,, Re�ta1 dwelliri� s�v�e��� a:.,o�r,.,,. a.,,o�r.,,,.,,.,;,. �o,- ,.e,,,. �o.,�e The teiiii; `.`rental d�uellin�" means anv occunied dwellin� or dwellins unit that is not occuuied��b� �he owrier of �record reeazdless of comnensation. The term includes anv dwellin� or d�vellin� unit�ccunied bv a relative of the owner. 27. �R_�air to restore� a sound and acceptable state of operation, serviceability or appearance. 28. Rodent �iarbox�g+�= any plaee where rodents can live, nesti, or seek shelter. 29. Rooming unif any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 30. Rubbish nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, g1ass, brick, plaster, bedding, crockery and similaz materials. 31. Safetv the condition of being reasonably free from danger and hazards which City of Brooklyn Center 12-4 City Ordinance may cause accidents or disease. 31 a. Sinsle familv attached- includes a townhome. rowhouse, dunlex or similar dwellin� unit 32. Structure that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 33. Substandard dwellin�, any dwelling which does` not conform to the minimum standards established by City Ordinances. 34. Suuvlied paid for, furnished by, provid�d by �o� under the control of the owner, operator, or agent of a building. 35. Tenant- anv nerson occunvin�:anv dwelling or havin� ;nossession of a snace within a dwellin� who has the le�ai ri�ht to occunv the dtivellin� unit. where a le�a1 �owner does not reside. r,, 3�6. Meanin� of certain words: whenever the words "dwelling", "dwelling unit", premises building or structure are used in this Ordinance, they shall be construed as though they were followed,by the'vvords "or any part thereof'. Section 12-301. RESP�NSIBILITIES OF OWNERS: AND OCCUPANTS. No owner or other person shali °occupy or iet another person occupy any building, unless it and the premises are clean, sa�.tary, fit foi: human occupancy, and comply with all applicable legal requirements of the State o��Nl�nnesota;and the City of Brooklyn Center, including the following requirements Seetion 12-302. M�INTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building�'sh�l maintain m'a�c�ean, sanitary and safe condition, the shared or public areas of the building and premises thereof Section 12�=3{�3. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building, sha11 mainfa.'%n a clean, sanitary and safe condition that part or those parts of the building, and premises tl�ereo�that she/he occupies and controls. Section 12-304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building, shall store and dispose of a11 their rubbish in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Ordinances. Section 12-305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building, shall store and dispose of all their garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Ordinances. City of Brooklyn Center 12-5 Ciry Ordinance Section 12-306. RE5PONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE, RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building sha11 supply facilities for the sanitary and safe starage and disposal of rubbish and garbage. In the case of single- or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities. Every owner of a multifamily dwelling containing more tha.n eight units must comply with the requirements of Section 7-113 of the City Ordinances. Section 12-307. RESPONSIBILITY FOR STORM> AND SCREEN DOORS AND WINDOWS. The owner of a rental dwelling unit sha11 be x�s�onsible for providing and hanging a11 screens and storm doars and storm windows whenev��r the same are required under the provisions of this Ordinance, except where there is wntten' a�t'eement otherwise between the owner and occupant. Section 12-308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling conta.ining a single dwelling unit. or an occupant of a nonresidential building containing a single unit sha11 be responsible for the extermination of vermiri infestations andlor rodents on the premises. Every occupant of a dwellii�g. ur�it in a dwelling containing more than one dwelling unit or an occupant of ��a nonresidential builclirig containing more than one unit shall be responsible for such extermination whenever their unit is the only one infested. Notwithstanding, however, whenever infesta.tion is caused b� the failure of the owner to maintain a building in a��� reasonable r�dent-proo��� or reasonable vermin-proof condition, extermination sha11 be�;#��� ies�nsibility of t�e ow�ei. Wh�never ��infestation exists in two or more of the units m any building, e�ermination thereof sha11 be" the responsibility of the owner. Whenever extermination� �s the res�onsibility of il�e owner, the e�ermination must be performed by a licensed pest control con,tractor:� Section 12 3U9: ROD�NT HARBORAGES' PROHIBITED IN OCCUPIED AREAS. No occ�pant of a building sha11 a�cumulate boxes, lumber, scrap metal, or any other similar materials`�n �uch a manner`fi13a.t may provide a rodent harborage in or about any dwelling unit or building. Stored materials shall,�e sta.cked��eatly. Section 1'2=3��D. RODE��'� HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building�"s�.l� accurn�ii�ate or permit the accumulation of boxes, lumber, scrap metal, or any other similaz matenals �`such a manner that may provide a rodent harborage in or about shazed or public areas of a`�uilding or its premises. Materials stored by the owner or permitted to be stored by the owner sha11 be stacked neatly. Section 12-311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a building sha11 store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Section 12-312. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a building sha11 keep all supplied fixtures and facilities therein in a clean and sanitary condition and sha11 be responsible for the exercise of reasonable care in the proper use City of Brooklyn Center 12-6 City Ordinance and operation thereof. Section 12-313. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, sha11 be maintained at a distance of three feet above the floor and three feet from exterior wa11s in a11 habita.ble rooms, bathrooms, and water closet compartments from September through May. Nonresidential buildings shall meet Sta.te of Minnesota regulations and statute requirements. Section 12-314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling containing a single dwelling unit, and the owner of a mul�iple family dwelling or a nonresidential building shall be responsible for the removal of snow ai�d;�ice �rtiin parking lots, driveways, steps, and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches;'� shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall `be removed from steps and walkways within eight hours after cessation of the snovy�all:�: Section 12-315. MINIMLJIVT EXTERIOR LIGHTING. The owner of a building shall be responsible for providing and maintaining e�fective illumina#ion in all e�erior parking lots and walkways. Section 12-316: MAII�ITENANCE (>F DRIVIi�G AND PARKING AREAS. The owner of a building sha11 be, responsible for providing and maintaining in good condition paved and delineated parking areas,,and drivevvays for tenants consistent with Chapter 35 of the City Ordinances. Section 12 3�'7'�: MAII�TENANCE OF YARDS. The owner of a building shall be responsibie for providing and mairitaining premises' yards consistent with Section 12-711. Sectron° 12-401. 1ViINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. N� }�erson shall� oc�upy as��� owner, occupant, or let to another for occupancy any dwelling or dwell� �nit, for th��purposes of living, sleeping, cooking, and eating therein, which does not comply with'�h��following requirements. Section 12-402. K�'�CHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked a.nd which sha11 have adequate circulation axea, and which sha11 be equipped with the following: l. An approved kitchen sink in good working condition and properly connected to an approved water supply system and which provides at a11 times an adequa.te amount of heated and unheated n�ni_ng water under pressure, and which is connected to an approved sewer system. 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking City of Brooklyn Center 12-7 Ciry Ordinance equipment, and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and sha11 be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or sinular device for the safe storage of food at or below 40 degrees Fahrenheit, which are properly installed with a11 necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied aiid� when the occupant is expected to provide same on occupancy, in which ca.�e sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. Section 12-403. TOILET FACILITIES�: Within every dwelling� �unit there shall be a nonhabitable room which is equipped with an app�roved flus� water closet�„ in good working condition. In a rental dwelling uru�, such room s�i�.l� �ve� an entrance do�or� which affords privacy. Said flush water closet `slia�l be_ .equipped wit�i.v easily cleanable surfaces, shall be connected to an approved water systeri� that at� all times provides an adequate amount of running water under pressure to cause the water ��l�set to be operated��pro�erly, and sha11 be connected to an approved sewer system Section 12-4U4> LAVATORY S1NK. Within every' dwelling unit there sha11 be an approved lavatory sink: ;:Said lavator� sink may be� in the same room as the flush water closet, or if located in another room, ;the la�atory sink shall be located in close proximity to the door leading directly u�.�o the room ui whi�h said water cioset is located. The lavatory sink sha11 be in good wor�ri� condition and shali be properly connected to an approved water supply system and shall pro�?ide at a11 times an adequate amount° of heated and unheated running water under pressure; and shall be connected to an approved sewer system. Section 12=405. BATHTUB OR SHOWER. Within every dwelling unit there sha11 be a nonhabitable room �kiich is equipped with an approved bathtub or shower in good working condition. In a ren�al� ,dwell�g such room sha11 have a.n entrance door which affords privacy. Said bathtub�or �how�r inay be in the same room as the flush water closet, or in another room, and shall be properly �onnected to an approved water supply system and sha11 provide at a11 times a.n adequate amount of heated and unheated water under pressure, and shall be connected to an approved sewer system. Section 12-406. STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a dwelling and every porch or balcony, sha11 be kept in safe condition and sound repair. Stairs and handrails sha11 conform to the Uniform Building Code standards. Every deck, porch and balcony which is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs sha11 have settled out of its intended City of Brooklyn Center 12-8 City Ordinance position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Sta.irways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 12-407. ACCESS TO DWELLING IJNIT. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 12-408. DOOR LOCKS. No owner sha11 occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterio����loors of the dwelling or dwelling unit aze equipped with safe, functioning locking devices Multiple family dwellings sha11 be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount of�s�,fety and general welfare for persons occupying multiple family dwellings consh�ucted after May 5, 1969, an approved security system sha11 be maintained for each mul�iple family building to control access. The security syste��shall carisist of locked ��ilding entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead-latch type-�d4or locks sliail�=,be provided with lever knobs (or doorknobs) on the inside of build3ng entrarice�doors and with key cylinders �n the outside of building entrance doors. Building entrance door latches shall be of a type that aze �ermanently locked froin ��e outside �and permanently unlocked from the inside. 2. Every door:that is designed to provide ingress or egress for a dwelling unit within a multiple �family buil�ing sha11 be equipped with an approved lock that has a cleacllocking 1i��� tliafi cannot be retracted by end pressure, provided, however, that such �door shall' lie openable from tlie inside without the use of a key or any special knowledge or �ffort. Section 12-501. MINIlUIUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occup� a,s owner, ocrupant or let to another for occupancy any dwelling or dwelling unit, for the purpose �of iiving ther�in, which does not comply with the following requirements. Secfion 12-502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation and approved by the compliance official, every ha.bitable room sha11 have at least one window facing directly outdoors which can be opened easily. The minunum total of openal�le window area in every habita.ble room shall be the greater of 10% of the floor area of the room or ten square feet. One half of the required window area sha11 be openable. Section 12-503. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirement for habitable rooms contained in Section 12-502, except that no windows City of Brooklyn Center 12-9 Ciry Ordinance shall be required if such rooms are equipped with a ventilation system which is approved by the compliance official. Section 12-504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all public and common areas sha11 be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in good and safe working conditions, and sha11 be connected to a source of electric power in a manner prescribed by the Ordinances, rules and regulations of the Ci of Brookl Center and b the laws of the Sta.te of Minnesota. The minimum capacity of tY 3'n Y such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. Dwelling containing one or two dwelling uni#s �shall have at least the equivalent of 60-ampere, three-wire electric service g�r �lweliing unit. 2. Dwelling units shall have at least� one�branch electric�circuit for each 600 square feet of dwelling unit floor area. 3. Every habitable room shall have at least t�ne floor or wall-type electric convenience outlet for each 60 square feet_ or� �sfraction thereof of total floor area,. and in no case less than tvv� such electne.=�outlets provided, however, that one ceiling or wa11-type light fi�cture may be supplied in lieu of one required electric outlet. 4. Eve ter clo t: com artment bathroom kitchen laun room and furnace ry �,'a se p x �`Y room sh�11 contairi at. least one supplied ceilirig: or wall-type electric light fixture and every �bathrooni;,kitchen, and�� laundry room shall contain at least one electric convenienee: �utlet: 5 Every= public corridor and stairway in every multiple family dwelling sha11 be adequa.tel� I��hted tiy, natural or "electric light at a11 times at one foot candle at ereof. Eve floor level ��so, �as to ro�ide effective illuxnination in all arts th ry P P wellin m re than two d ublic comdor and stairwa in structures containin not o g P.,> ,Y g �u.riits� may be supplied with conveniently located light switches controlling an adeqi�a.te lighting;system which may be turned on when needed, instead of full-� time lig�ting. 6. A convement,�svvitch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 12-601. MINIMLTM THERMAL STANDARDS. No person shall occupy as owner, occupant or let to another for occupancy any building or portion thereof, which does not have heating facilities which are properly installed, and which aze maintained in safe and good le rooms workuig condition, and wluch are capable of safely and adequately heatmg a11 habrtab bathroom, and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by governxnent authority, at a distance of three feet above floor level and three feet from exterior wa11s. Gas or electric City o.f'Brooklyn Center 12-10 City Ordinance appliances designed primarily for cooking or water heating purposes sha11 not be considered as heating facilities within the meaning of this section. Porta.ble heating equipment employing flame and the use of liquid fuel does not meet the requirements of this section and is prohibited. No owner or occupant sha11 install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 12-701. GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to another for occupancy, any building or portion thereof which does not comply with the following requirements, unless specifically exempt. Section 12-702. FOUNDATIONS, EXTERIOR �ALLS AND ROOFS. The foundation, exterior wa11s, and exterior roof sha11 be substantially water tight and protected against vermin and rodents and shall be kept in sourid�� condizion and repair. The foundation element shall adequately support the building at a11 points. Every;exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition which might admit rain or dampness to the interior portion of the wa11s or to the exterior spaces of the building. The roof shall be tight and have no defects which admits rain, �an��roof drainage shall be adequa.te to prevent rain water from causing �z�ampnes��sn� the walls: All exterior wood surfaces, other than decay resistant woods, sha11 be'�prote�ted' from the elemeii�s and decay by paint or other protective covering or tieatment. If the e�erior surface is unpainted or determined by the compliance official to be paint blistered, the surfac�, shall be painted. If the e�erior surface of the �pointing of any brick, block or `stone wa11 is ��loose or has fallen out, the surface shall be repaired. Section 12-703: WINDOWS, DOORS'AND SCREEN�: Every window, exterior door, and other exterior openin�s sha11 be substantiaily,tight and sha11 be kept in sound eondition and repair. Every window, otlier, thau a� fixed window or storm window, sha11 be capable of being easily opened „;Every window, door a.nd frame sha11 be constructed and maintained in such relation tp �ie adjacei�f���va11 construction as to �completely exclude rain, wind, vermin and rodents from e��ei�ing the building:_ Ever�� openable window shall be supplied with 16-mesh screens during tli�� insect season, and�:shall be equipped with an approved lock if located less than six feet above adjacent grade. Section 12�704. FLOOI��, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and ceiling shall��be,� adeqtta.tely protected against the passage and harborage of vermin and rodents, and sha11 be kep� i� sound condition and good repair. Every floor sha11 be free of loose, warped, protruding or rotfed: flooring materials. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and sha11 be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom, and kitchen sha11 have a smooth, hard, nonabsorbent surface and sha11 be capable of being easily maintained in a clean and sanitary condition. Section 12-705. RODENT PROOF. Every structure and the premises upon which it is located sha11 be maintained in a rodent-free and rodent-proof condition. All openings in the exterior wa11s, foundations, basements, ground or first floors, and roofs which have a 1/2" diameter or larger opening sha11 be rodent-proofed in an approved manner. Interior floors or City of Brooklyn Center 12-11 Ciry Ordinance basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Section 12-706. FENCE MAINTENANCE. All fences shall consist of inetal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Paint sha11 be maintained consistent with Section 12-702. Section 12-707. ACCESSORY STRUCTLJRE MAI1�j�E�TANCE. Accessory structures or buildin s shall be structurall sound and be maintained in ood re air and a earance. The I g Y P PP exterior of such structures shall be made weather resi�tant ;through the use of decay-resistant materials such as paint or other preservatives. Paint sha11 be` iiiaintained consistent with Section 12-702. Section 12-708. SAFE BUILDING ELEIvIENTS. Every foundation, roof, floor, exterior and interior wa11, ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads: required by the occupancy. Section 12-709. FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility required under City Ordinances and every chimney and flue sha11 be installed and maintained and,shall functiori effectiveiy:i�,a safe, sound, and working condition. Section 12-710: GRADING AND DRAINAGE. During the period May through October every yard, cou�t,� passagevvay, and other�portions of the premises on which a building stands shall be graded arid�drained �so�as to be free�� of standing water that constitutes a detriment to health a�d sa�et�. Section 12-711. 'YARD COVER. Every yard of a premises on which a building stands shall be px�vided with lawn �Q�, combiiied ground cover of vegetation, garden, hedges, shrubbery, and related��de�arative materials, and suoh�,yard shall be maintained consistent with prevailing community staric�a,rds. Nonreside�tial sites �sha11 be maintained in accordance with an approved City landscape plan„and shall be �upplied with an irrigation system. Section 12-712.��:. �ISCONTINLJANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant shal�. cause any service, facility, equipment or utility which is required under this Ordinance, to be removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 12-713. SCREENIlVG. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wa11 high enough to completely screen the equipment. Section 12-801. MAXIMLTM DENSITY, MINIMLTM SPACE, USE AND LOCATION City of Brooklyn Center 12-12 City Ordinance REQUIItEMENTS. No person sha11 occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements. Section 12-802. PERMISSIBLE OCCUPANCY OF DWELLING LTNIT. With the exception of owners occupying a respeetive dwelling unit prior to Ju.ne 1, 1975, the maximum pernussible occupancy of any dwelling unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of ha.bitable rooms, less kitchen, in the dweilitig unit. Section 12-803. ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 12-804. MINIMUM CEILING HEIG�3T. Iii.order to qualify as� habita.ble, rooms shall have a cleaz ceiling height of no� less than severi �eet; si� inches, except that `in attics or top- half stories used for sleeping, study, or similar activities, the ceiling height sha11 be not less than seven feet six inches over at least one=half of th� floor area: In calculating the floor area of such rooms in attics or top-half stories, only those portions of the floor area of the room having a clear ceiling height of five feet flr rnore may be` included Section 12-805 `ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit built after 1940 and containing two or more sleeping rooms sha11 have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of iriore than one sleepirig room can be ga�ed only by going through another sleeping room, nor shall the room arrangement be such that access to a sleeping room can be gained only by going through another.; sleeping room. A bathroom or water closet compartment shall not be used as tlie:�anly passageway to any �abitable room, hall, basement or cellaz or to the e�erior of any dwelhng unit. Section 12t��D, pURPQSE. It is the purpose of this section to assure that rental housing in the City is decent; `safe and sanitary and is so operated and maintained as not to become a nuisance to the neighboi�iood or to become an influence that fosters blight and deterioration or creates a disincentive to �re.�rivestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as aze necessary to assure that the citizens of the City who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. Section 12-901. LICENSING OF RENTAL iJNITS. 1. License Required. City of Brooklyn Center 12-13 City Ordinance a) No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center. A license will be sranted in a snecific Cate�orv as determined bv a point svstem based on criteria established bv the Citv Manaser. T"°�° �S: te ,.t ,,.,.,1__1; o 0 o ao�,.oa �-Aee�o '��T bl Excentions. No license shall be reauired under the followin� circumstances: (11 A sinele familv dwellin� or sin�le dwelline unit in a dunlex occunied bv the buildin� owner for a minimum of six months ner calendar vear. �(21 Rented rooms within an owner occu�iied���dwellin� unit. (31 A residential nronertv owned bv a"sriowbird" where the nronertv is rented to another nerson for a neri�� of less than 120 consecutive davs while the owner is residine out of the State� of Minriesota. The owner must occunv the nronertv durine the remainder of the vear.� (41 Unoccunied dwelline units which have been issued a Vacant Buildin� Re�istration. 2. License Term. ��Licenses will be issued for a tixne period :accordin� to the license tvne as indicated in Dia�ram l.e€�u�e-�ea�s. °a r ^a All license�, mav be reviewed every si�c months a#'ter the begirining of the license term to determine the license status. Dia�ram I. Licensin� Licensin�' ;:3VIin. Inspection Crime Free Housin� Catego� Period Freguencv: Tvae I year Min: 1 time in 3 vears. Phase I Recommended unon rec�uest or as needed as ,determined bv citv T�pe II� 2year Min:al time� in vears. Phase I Reauired unon reauest or a� needed as defeiinined bv' citv �e III 1 vear; Min. ���tiine ner vear. unon Phase I, II reauired Action Plan reauest �or as needed as reauired det�rmined bv citv T�pe IV License ��in,� �everv 6 months or Phase 1. II and III Miti�ation Plan Provisional Review otherwise determined bv reauired. reauired Miti�ation Plan Council 3. New Licenses. Prouerties that have le�allv not been reauired to have a rental license due to new construction or a chanse from owner-occunied to rental will aualifv for a Tvue II License. Pronerties found oneratin� without a valid rentallicense from the citv or failin� to meet citv code reauirements. or which resulted in enforcement actions such as criminal nrosecution or civil nenalties. will onlv aualifv for a Tvue III license once all code reauirements City of Brooklyn Center 12-14 City Ordinance are met. 4. License Renewals. All rental proberties aze subiect to review and a different license catesorv based on the level of comnliance with citv codes and annlicable reeulations. 5. Failure to Meet License Cate�orv Reauirements. At anv time durin� a license neriod, if a rental nronertv does not meet or exceed the criteria established for the current license cate�orv, the license mav be brought forth to the Citv Council for consideration of license susbension, revocation andlor license categorv review. 6. Tvpe IV Provisional Licenses. Pronerties t1i�t �are not consistentiv mainta.ined to accepta.ble minimum standards as established bv citv �o�e arid� �ther annlicable re�ulations are considered Tvne IV Provisional Licensin� Cate�orv. Rental nronerties under Provisional Licensine must meet the reauirements set forth in Section 12-913. 7. License Cate�orv Criteria. License tvne will l�e =�letermined bv��tlie °accumulated nomts���based on Police incidents and nronertv code violatioris�as det�rmined bv t�i��Citv Mana�er. al Freauencv of Police Ca11s. Freauencv of nolice calls will be based on the average number of valid nolice calls ner unit. Police incidences for nuraoses of determinin� noints for licensin� categories shall include disorderlv activities and nuisances as defined in Section 12-911 and events catesorized as nart one crimes in the' L�niform Crime Renorkin� Svstem includin� homicide, rane, ,xobberv, a��ravated assault. bur�larv. theft, auto theft and arson. �����a�ls will not:be counted�for nunioses of determinin� points�for licerising cate�ories where'the victim and susnect are "Familv or house�ia��l mem�iers as defined in the Domestic Abuse Act, Minnesot�;Statutes.,�ection 518B.01. Subd. 2 lbl and where there is a renort of"Domestic'Abuse" as defined in the Domestic Abuse Act. Minnes�ita Statutes. Section 518B.01, Subd. 2(al. bl Proneitu Maintenance and Nuisa.nces. Standards for vronertv maintenance will be based on comnliance with citv and annlicable codes as deternuned through insnections and investi�ations. 3. License Process and Renewal License renewals shall be filed at least 90 days prior to the license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12-902, the Compliance official shall schedule an inspection. City ofBrooklyn Center 12-15 City Ordinance bl No application for an initiallicense sha11 be submitted to the City Council until the Compliance official has determined that a11 life, health safety violations or discrepancies have been corrected. In cases where a weather deferral for renairs has been �ranted bv the Comnliance Official, the license mav be brou�ht forward for licensin� consideration with conditions of correction. cl Incomnlete Annlications or Process. If the license annlication is incomnlete, or the annlicant does not meet the reauirements of the licensins nrocess within 120 davs of the submittal date, the'`-`annlication will be canceled. 4. Condition of License. Licensees wit1� three or more units must be current on the navment of a11 utilitv fees. taxes: ;a� �asses�ments. fines or uenalties due to the citv or other financial claims due on the licensed pronertv and anv other rental real nronertv in the Citv owned b� the`license holder'at all times. Licensees with less than three units. p�rior ta3ssuance or renewal of�a��l�cense must be current on the payment of all utility fees, ta�ces, a� assessmenfs; ��fines or= t��nalties due to� �#he citv or other financial cla,ims due on the licensed property and any other rental �eal property in the City owned by th� �license holder. In the event a suit has been commenced under Minnesota Statutes,' Section 278.0'1=�7$.03, questioning the amount or validity of taxes, the City'��Council may on application waive strict compliance with this provi�ion; no waiv�r may be gfanted, howeyer, for taxes or any portion thereof�yvh�ci���rei�a�n unpaid for a peribd e�ceeding� one (1) year after becoming due. Secrio�i; �1�2-9U2. LIC�1�iS�� FEES: License fees, as set forth by �City Council resolution, shall be; t�ue 90 da.ys p�ior to the license expiration date; in the cases of new unlicensed dwelhngs; ,license fees�� s�iaii .be du��=, at the time of a�plication. 1. Resic�ential Rental Coriversion Fee. When a residential sin�le familv home or sin�le familv attached nro�ertv is con.�erted to a rental nrobertv, the owner or annlicant sha11 nav a conversion fee as established b� Citv Council resolution. The rental conversion fee also annlies to residential nronerties�re�isiei�ed as vacant nronerties. 2. Delinauent uavments. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee. U�on revocation or suspension or if;'�����°•�°-�, �an applicant withdraws an application. the fee is nonrefundable. �rte�.�=Q�r�isea�°, City ofBrooklyn Center 12-16 City Ordinance 3. Reinsnection fees. All reinspection fees are set by City Council resolution. If the reinspection is being performed as part of the licensing process, fee(s) must be paid prior to the time of license issuance or renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. If a reinspection fee or any portion is not paid within 60 days after billing, or within 60 days after any appeal becomes final, the City Council may certify the unpaid cost against the property in accordance with the process set forth in Section 19-105 of this code. Section 12-903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or his legally constituted _agent. Application forms may be acquired from and subsequently filed with the compliance o�cial. The applicant sha11 supply: 1. First, middle (if any), and last name, add�ress, date �f birth, telephone number, and email address of dwelling owner, owning partners if a partnership, corporate officers if a corporation. 2. Name, address, �telephone number. and email address :of designated resident agent, if any. 3. Name, address, and �telephor�e number of �endee, if the dwelling is being sold through a contract for deed: 4. Lega1 address of the dwelling. 5. Number; of dwellirig units within the dwelling.'' 6. Descriptiori of proc�ciure, through� which tenant inquiries and complaints are to be �roc�ssed. '7: Status of utility fees; property taxes, and other assessments on the dwelling and other rental re�l �roperty in the city owned by the applicant. 8. The number of tenants. 9. The na�e of the�desi�nated local a�ent. 10. At least on��:�'24-hour nronertv contact information for an available pronertv owner, resident agent, or other designated resnonsible aeent. 11. Anv other information as requested by the city. Every person holding an operating license sha11 give notice in writing to the compliance official within �ten business days after any change of this information. Deuendine on the nature of changes. the Citv mav reauire a new nronertv insnection. Notice of transfer of ownership shall be as described in Section 12-908 City ofBrooklyn Center 12-17 City Ordinance Section 12-904. LOCAL AGENT REQUIRED. l. Local Asent. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the compliance o�cial the name of his local agent (one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Ordinances, to receive orders and to institute remedial action to effect such orders and to accept a11 service or process pursuant to law. The compliance official sha11 be notified in writing of any change of resident agent. 2. Responsibilitv for Acts of Mana�er. Onerator: or Loca1 A�ent. Licensees are resnonsible for the acts or omissions of their mana.gers. overators. local` a�ent or other authorized renresenta.tive. Section 12-905. CONFORMANCE TO LAWS. No'_operating license shall be issued or renewed unless the rental dwelling, a.�d its premises��.�onfoim to the Ordinanc�s of Brooklyn Center and the laws of the State of Minnesota. Section 12-906. INSPECTION CONDITION. No oper�ting license shall be issued or renewed unless the owner o� rental units agrees in his applicatiori #o permit inspections pursuant to Section 12-1001. Section 12-907: �,�',OSTING`�QF LICENSE:� Every licensee of a�e rental dwelling more than four units sha11 sa�se�e-�e conspicuously poste� the current license certificate in the +t, main entryway �or �ther cons�zcuous �lo�a#ion. �ex�e��€ei'—�� �-���Ft�r,��nta1 dwellines of foa� �r less�`units. the licensee must provide a conv of the lic�i�se certificate to=�each teriant ��_bv attachin���`a covv to the tenant's conv of the executed lease a�reement. Sechon����-908. LICEN�E NOT ��TRANSFERABLE. No operating license shall be transferable to ariothex person or;�o another rental dwelling. Every person holding a.n operating license shall give notice_�in wnhrig to the compliance official within �e ten (10) business days after having legally tran�#�rr�d �_or otherwise disposed of the legal control of any licensed rental dwelling. Such notice sh�l include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Section 12-909. OCCUPANCY REGISTER REQUIlZED. 1. Every owner of a licensed rental dwelling shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information: �.a. Dwelling unit address. City of Brooklyn Center 12-18 City Ordinanee I �b. Number of bedrooms in dwelling unit and the maximum number of occunants. �c. Names and date of birth of adult occupants and number of adults and children (under 18 yeazs of age) currently occupying the dwelling units. 4.d. Dates renters occupied and vacated dwelling units. �e. A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this Ordinance. �f. A similaz chronological list of a11 correction� `made in response to such requests and complaints. Such register sha11 be made available for viewing or copying by the compliance official at all reasonable times. 2_All nonresidential properties (commerciai. industriaL and similarl shall keep, or cause to be ke t a current re 'ster of occu anc for each buildin vvhich ro vides the followin P, y P g �.a Building address. �.b List of all tenants occupying building. �.c Nature fl� business conducted by each tenant in building. 4:d Contact persan for each tenant. e=. Gross floor area leased by each tenant. Sueh:�egister sha11 be_rnade a�ailable for viewin� or convin� bv the comnliance official at a11 reasonab�e'times. Section 12-91fl. LICEN�E SUSPENSION, REVOCATION, DENIAL AND NON- RENEWAL. 1. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City CounciL 2. In the event that a license is suspended, e� revoked or not renewed by the City Council, it sha11 be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Any person violating this section shall be guilty of a misdemeanor and-�e� City of Brooklyn Center 12-19 City Ordinance costs of prosecution andlor civil nenalties. Each day of each violation shall constitute a separate punishable offense. 4. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false sta.tements, misreuresentations or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. �b. failure to pay any application fee:� fine- or penalty, reinspection fees, e� reinstatement fee, snecial assessments. real estate taxes. or other fmancial claims due to the citv as�� required by this Chapter and City Council resolution. c. failure to continuouslv comulv with ariv uronertv maintenance. zonin�, health, building. nuisance or other' citv codes; or failure to correct deficiencies noted in-Comuliance Notices in the time specified in the notice. d. failure to comply with the provisions of an �,�proved mitigation plan or not subriiitt�ng an action nlan as re,guired. e. failure to operate or maintain the licensed premises in conformity with a11 applicable �tate laws and codes and this Code of Ordinances. I' f. a nronertv is rentin� without a license and not brou�ht into comnliance within 90 davs from the comnliance notice. the renei�val veriod exceeds 90 davs from the exniration date. h. excessive ��bolice ca11s for service as determined �bv the Citv Mana�er, ���'based on�t�ie number and nature of the calls when after owner notification, the�ov�trie� has failed to sunnlv an annronriate written action nlan to reduce the ��t�o�i�e ca11s for service. or the nolice calls for service exceed an established threshold a second time within 12 months of comvleti.n� an action nlan. i. failure to activelv nursue the eviction of tenants who have violated the nrovision of the ordinance or crime free lease addendum or have otherwise created a nublic nuisance in violation of citv. state or annlicable laws. i. the failure to eliminate imminent health and life safetv hazards as determined bv the citv. or its authorized renresenta.tives. City of Brooklyn Center 12-20 City Ordinance k. Conviction of anv crime related to the business licensed and failure to show bv comt�etent evidence the rehabilita.tion and abilitv to nerform the duties of the business. 1. The abandonment of the nronertv bv the nronertv owner as determined bv the inabilitv to make contact with the owner or his/her mana�er or local asent due to inaccurate or invalid contact information. m. Anv other �ood cause as determined b� the :Citv Council. 5. Revocation, suspension and non-renewal �nay;be,brought under either this Section or Section 12-911, or both. �•„��o �.e o ,.>>ea a ���o"�r-�°..�.. gssrarii° cr°r-cai7� Y""' .ao�....:1.e.i o..+:.... 1 7 Ol11 !'ll �L.o o.,.i ,��F +l,s 4.�..�-i�o.,« +o«.... �;«.7:.... D, 7. A decision to revoke,,suspend, deny or �riot.renew a license shall be preceded by written notice to the applicant or licensee of�e alleged grounds therefore and the applicant or licensee will; be given an� opportuni#y for a hearing before the City Council before final action� to revoke, ���aspend, den� or not renew a license. The Council:,sh�l���g��e_ due regard to th�;frequency and`seriousness of violations, the ease vvitli which su�h. violations could`have been'cured or avoided and good faith efforts to comply and sha11 issue' a decision to deny, not renew, suspend or revoke a license onl� upon written findings. 8; The Council may suspend or revoke a license or not renew a license for part or all of a facility 9. Licenses may `be �uspended for up to ninety (90) days and may, after the period of �si�pension, be i��instated���subject to compliance with this Chapter and any conc�itaons impos�d by the City Council at the time of suspension. Licenses that are revoked will �ot be reinstated until the owner has applied for and secureci a new license a�d complied with a11 conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which sha11 not exceed one yeaz. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application sha11 state conditions of reapplication. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to a11 other fees required by this Chapter. City of Brooklyn Center 12-21 City Ordinance 10. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinsta.ted, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. Revocation, suspension or non-renewal of a license sha11 not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of such _revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the peri�i� of suspension, revocation or non- renewal specified in the City Council's�;iv�itten� decision or in paragraph 8 of this Section. 11. A nerson who has had a rental license revoked mav not receive a rentallicense for another nronertv within the citv for a neriod of one vear from the da.te of revocation. The nerson mav continue to onerate other curreritlu licensed rental nronerties if the nronertv is maintained in comnliance with citv codes and other �licable re�ulatioxis. Section 12-911. CO�IDUCT ON �,ICENSED: PREMISES: 1. It shali;;be the responsibility of the licensee to see that persons occupying the licensed �,premises ccanduct themselves in such a manner as not to cause the premises to°� be disorderly. For purposes of this Chanter �est�e�, disorderly achvi�les are cousicleied,� �iuisances and defined as follows: �z ;:'f;. ,.���.�e �at,. ,.+;.,;+;e a. Nois��—r cars%do�►s Citv Ordinance 1-ll�0- horns/radios Citv ordinance ,19-120�:U2.03. �r;,,�.,+:,,;;�;:'� co,.�;,.:,'�i o� �m n.r,.; o n�.,+o,�„�„tii_ b. ���_��olation of� Section 19-1121 (LTnlawful Possession, Delivery ar Purchase) or ��iQlat�on of laws relating to the possession of controlled substances as �defirie� in Minnesota Statutes Section 152.01, Subdivision �4, and drus� pazanhernalia as defined in Minnesota Sta.tutes Section 152.092. c. Public disturbance Citv Ordinance 19-202 d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. City of Brooklyn Center 12-22 City Ordinance f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a� weapon. Violation of anv �ie�a�a� of Minnesota Statutes, Section 609.66, Subdivision 1 a, 609.67, 609.02. Subdivision 6 or 624.713, and City Ordinance 19-402. h. Loud narties/nersons Citv Ordinance 19-1201 i. Fi�hts Citv Ordinance 19-203 i. Allowin� curfew/status offenseslundera�e drinking Citv Ordinance 19-301, and 19-304:;, k. Disorderlv conduct (Minn Stat. 609.721 l. Pronertv damaee Citv Ordinance 19-2i 1 i, m. Assaults Sth degree n4n-domestic Citv Ordinance 19-204 n. Interference with a neace officer (Minn' Stat. 609.501 o. Unlawfiil assemblv (Minn Stat: 6�9.7U51 Citv Ordinance 19-1105 n. Presence at u�awful assemblv (Minn Stat. 609.1751 t�: Terrorist threats �M'inn Stat. 6U9.7131 r. I;oil:e�in� �itv Ordinance 19-201 2. ��3�6C. e +1.=�� +t,,,,.:�oa „ae,. �t,;� o�a,.., t�� 3. Upon deter�riination by the City Manager or authorized desi�nee that �a licensed premises was used in a disorderly manner,. as described in paragraph 1, the City Manager sha11 take the followin� actions: al For a first instance of disorderlv use of licensed nremise- a g�e notice shall be nrovided to the licensee of the violation ���i�A-�� and directin� the licensee to take steps to prevent further violations. 4 b) If a second instance of disorderly use of the licensed premises occurs within a twelve (121 month time neriod fi�r-e for Ci Ordinance City of Brooklyn Center 12 23 �y the same tenancv M °�^Y°"�' the City Manager or authorized desisnee shall notify the licensee of the violation and �]�Se require the licensee to submit a written report of the actions taken, and proposed actions to be taken by the licensee to prevent further disorderly use of the premises. The�s licensee sha11 submit a written report to the City Manager or authorized desi�nee within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises. ~Y°^°��a� t�xee{-�}�. c) If a third instance of disorderly.use of the licensed premises occurs within a twelve (121 month time neriod froxri the first disorderlv violation- for the same tenancv fi�ee-(�-} the rental dwelling license for the premises may be denied,� �revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the �ity Manager or authorized��esi�nee who shall give �e the licensee written notice of a hearing;before� the City��Council to consider such denial, revocation �suspension or rionrenewal. The wrii#en notice shall specify a11 violations ��of ��this section, arid sha11 state the date, time, place and purpose of the hearing. 4. Hearing. 'Th�, hearing shal� be held rio less than fe� �10) days and no more than fi���13��. fortv-five (451 days after givirig such notice. Followirig the hearing; the council may deny, revoke, suspend or decline to renew the license for a11 or:any, part or parts of the licensed premises or may grant a l�ce�se upon �sucli`teiriis �and conditions as it deems necessary to accomplish the purpos�s;��bf this �section. 6. Eviction Act�ons. No �dvzrse license action sha11 be imposed where the instance '°'of disorderly �use, of the licensed premises occurred during the pendency of eyiction proceedings (unlawful detainer) ar within thirty (30) days of notice given by the, �icensee to;a tenant to vacate the premises where the disorderly use was related:,to conduct�,by that tenant or by other occupants or guests of the tenant's unit. Evi�tion:�proceedings shall not be a bar to adverse license action, however, unless they� �rr�' diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has ta.ken appropriate measures which will prevent further instances of disorderly use. 7. Determinin� Disorderlv Conduct. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 sha11 be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a deternuna.tion of disorderly use, nor sha11 the fact of dismissal or acquittal of such a criminal chazge operate as City of Brooklyn Center 12-24 City Ordinance a bar to adverse license action under this section. 8. Notices. All notices given by the City under this section shall be personally served on the licensee, sent by First Class mail to the licensee's last known address or, if neither method of service efFects notice, by posting on a conspicuous place on the licensed premises. 9. Enforcement. Enforcement actions provided in this section sha11 not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, guests or the licensed premises as is authorized by this Code or state law. Section 12-912A. NO RETALIATION. No licensee �hall evict, threaten to evict or take any other punitive action against any tenant by reason of good f.ai�h calls made by such tenant to law enforcement agencies relating to criminal act�vity, suspecteii ��riminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against con�tacting law enforcement agericies. Section 12-912B. FALSELY�� REPORTING ��VIOL�TIONS. No verson� sha11 rebort a violation of this Chanter or citv ordina�ce ;knowing or �liavin� reason to know that the renort is false with the intent to affect the licensin� status or insuection:schedule of the nrouertv. Section 12-912C GRiME FREE H+DUSING FROGRAM.; For nurposes of this Chanter, the Crime Free Housing Pro�ram sha11 mean the nationallv recomized urosram:`unless otherwise indicated; The nhases ofthe nro�ram include, but axe not limited to. the conditions set forth below. 1. ��Phase,� I. For��license cate�ories other� than Tvne I, an owner. manager or local agent resnonsible for: the:.oneration of the rental nronertv must comnlete the Phase I trainin� of the cnme.=free housine uro�ram or a'similar course annroved bv the Citv Mana�er. Certification as a rentai uronertv manaeer �nav also satisfv this reauirement. a) (�wners andlor iinsite Mana�ers must attend an ei�ht-hour crime-free housin� course nresentedbv�iiolice, fire �i�ublic housin� and others. blUse a written lease includin� the Minnesota Crime Free Housin� Lease Addendum. cl Check the �riminal background of all nrosnective tenants and. unon reauest, nrovide a conv of Third Partv Back�round Check nrocedures for Tenants. dl Activelv nursue the eviction of tenants who violate the terms of the lease and/or the crime free lease addendum. 2. Phase 2. Includes Phase 1 nlus the following al Comnlete a Securitv Assessment and comnlete the securitv imnrovements recommended. This nhase will certifv that the rental nronertv has met the securitv reauirements for the tenanY s safetv. bl Attend a minimum of 25 nercent of Owners/Managers Association Meetin�s. City of Brooklyn Center 12-25 City Ordinance 3. Phase Three. Includes Phase 1& 2 nlus the following al For nronerties with more than four units. conduct resident training annuallv for the residents where crime watch and crime urevention techniaues are discussed. bl For pronerties with more than four units. hold re�ular resident meetin�s. cl Attend a minimum of 50 nercent of Owners/Mana�ers Association Meetin�s. dl Have no unresolved Citv Code violations within the nast veaz. Section 12-912D. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM REOUIREMENTS l. All tenant leases. excent for state licensed residential facilities subiect to a11 preemntorv state and federallaws. shall contain the Crime Free/Di�i� �Free�� Housin� Lease Addendum. The Crime Free/Drug Free brovisions are in addition to a11 other terms of,the lease and do not limit or renlace anv other nrovisions. These lease nrovisions sha11 be incornorated into everv new and renewed lease for a tenancv be�innin� Januarv 1: 2010. Section 12-912C. TENANT RESPONSIBILiTIES. 1. Access to Premise. Per Minnesota. Statutes. each �enant or occunant of a rental dwellin� must �ive the owner. owner's renresentative or authorized cit� official access to anv nart of such rental dwellin� at reasonable times for the nuraose of ins�ection, maintenance, reuairs or alterations as are necessarv to comnlv with the nrovision of this Ordinance. 2. Comnliance wi#� Resulafiti�s. A tenant must comvlv with annlicable citv codes and all annlicable local. sta.te'��id federal�:teeulations: �A ��tenant is resnonsible for annlicable vropertv code. nuisance and violatrons of d�sorzlerlv cond��t as snecified in Section 12-911 which occur on the nronertv: 'includin� v'iolahoris committed bv household members or �uests. Section 12-913. T�PE IV PROVISIONAL LICENSES. 1. ��Re�#a1 nronerties��� that meet the nrovisional licensing criteria as described in Section 12-901 mav be eli�ible onlv for nrovisionallicenses. a� �..,�����o,.�,:,.o :..,,:,ae�,.o� „��a Sn�2�l�f+e� r; o �va „�+:r�o a..,o�t;,,,.�� ,,:+L. �t,o +1..,� L..,.,o «�+e.l �G s .,l;�.e ;v cziscTa+ gciz �FB e.l:« o ...i �P°v�i�°.' ..y.°, "cIa�i�zvz-�ic•••,1�,. l;.,o«�o ..«l.. 1,•••, Y: D..l;..e �..e ,...11� +6...+ o City of Brooklyn Center 12-26 City Ordinance �,.,�+;+„+o o ,.+l.e,. ,7; ,.rlo,.l� .�.a,,..4 (�l �11� .7;�.,«.ao«l.. e o«+., l:�+0.7 Co..�;..,, 1 7 �1 1• \`J sa�s-�rei=e��r�ege�ae �z�Ai�g s�°c�l�}G�r'a'�'� 1g—�2A�Ei�2� �2�A�3�2i� f;;;\ ,..,11� o o«+.. ..�+o....,.:..o.a 1.<. +l,o ,�,,.l;..o .70«,,,.t..�.v.�� ��_r„o ,.�+l,e �rrr� it' ���v..�,..,�ia.,..,.o,.,,,,� o ���ii��rs;,.., e+,,,- �no m �„�.a p, �3 �3 �3 g� ,.n�i,� 'n a;:,.,.,,.o i i i n �,,,,�r��� �;n�.f� ns+,�,n,.a;.:.;.,,.o �o �n�.: V b n..a,:: i� �n� i�n �n� �i �.::�i '�'s-sc"�c+�. �as,,,.ea «��a,,.,,,a�� r n,.a;.,.,.r„o i �nn �r D, 1.1,;:��:1:�+,,..1..,«..o�- ���lr;+�. Cl,..a;.,�,,..0 1 O_7[17 v� ����M+o,.F e o o „�,.o,. n�,r;,,,, et�+ �nc�sa� tT:.ma�.��.,...►.►., n.a:.,,, �no hn�� n,.a;.,.,�,.o va�7� 7v vramcm�cc lA� >rr ,,::,.,.;�++�,..e.,�� n�,r;,,., �no �i z� u����ge�-�e���- ,,,,,,�:..�o ,,;as..+� ,�e „+oa ,.�e ,.:.,+e sases: ^a�� t�.e e� i, mr�av^r-ac-66iiir AS�.s v» ��i, r�,,....o..+:,. n ��r;., �+,,.,,.o� �e„+:,, c�Qa n� arsn?r� a� �vir�TVa.cr City of Brooklyn Center 12-27 City Ordinance c„�.a n.� „a .,t,s s +i.e..e ,.e..,,,.t „�_«n,...,,o�+;,, n�•�o�' uov �2� �i6-z�S��4C+ r,r;,, c+.,,,,+o.. o8C-��Ai4 2.� The period of time used to determine whether a provisional license is required is described in section 12-901{�} unless otherwise set forth bv the Miti�ation Plan. 3.� The City will provide by mail to each licensee a monthly report of any police calls and incidents and annlicable �ronertv code violations as described in 12-901. 4. Miti�ation Plan. The applicant for a pr�visioria�` license must submit for Council review a mitigation plan for the license period. Tl�e:mitigation plan sha11 describe steps proposed by the applicant to reduce the number of police and fire ca11s and/or the �ropertv code issues described in 12-901 and 12-911 ���atg�agk-{-�j-fa} to a level that qualifies for a regulaz license categorv_. Tfie mitigation plan may include such steps as= changes in tenant screening procedures,�.changes in lease terms, security measwes, rules and regulations for tenant conduct, security personnel, and time ��frame���� to imnlemerit �ail� nhases of the Crime Free Housin� Pro�ram. 5�. Council Consideration. The application �yvith a proposed mitigation plan will be presented. to the City Council toge#her vYith a recommendation by the City Mana.ger or the Manager's designee as to the disposition thereof. After giving the applicant;, an opportiuuty to be heard and present evidence, the Council sha11 approve, disap�rove;q�z�ap�rove with,conditions the applicatidn and the mitigation p�an, If the Counc�l disapproves an application and mitigation plan or approves it vv�tfi canditions; it shall state its reasons for so doing in writing. In evaluating a mitigation g�an, the ;�ouncil will �consider, among other things, the facility, its managernenfi`�practices; the nature and seriousness of causes for police and fire �cidences sa�s��and/or nropertv code issues and the expected effectiveness of ��i�asures identified in the plan to reduce the number of police and fire incidences ancVo�:a�ronertv code violations. s� In evaluating a mitigation plan submitted by an�a�iplicant already under a provisionallicense, the� Council will also consider the effec���ness�c�f ineasures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or bronertv code violations. s� 6 4. Comnliance with Miti�ation Plan. The licensee sha11 comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee sha11 mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 12-914. TENANT BACKGROUND CHECKS. City of Brooklyn Center 12-28 City Ordinance 1. All licensees will conduct criminal back ound checks on a11 ros ective tenants.� P P The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants and anv subseauent nersons residin� in the dwellin� unit covering at least the last three yeazs; the check must be done "in person" or by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from #he prospective tenant's previous sta.te of residence if the tenant is mov�ng directly from the previous sta.te; (c) A criminal history check of any,prospective tenant in their previous states of residence covering the last three years i�f they have not resided in Minnesota for three years or ionger; (d) A criminal history check of any prospective tenarit �.ust be conducted in all seven counties in the met�o Twin �'i�y azea coveri� at least the last three yeazs including all misdemeanor, gross misdemeanor, and felony convictions. (e) Licensees will retain criminal �istory check information for at least one year after the date of the check;or,. if the �subject of the check becomes a te�.arit �of �he licensed�prenuses,,�one y+�ar afteT�the subject of the check has ceased to be a tenant. Such information shall be available for inspection �pon re�c uest by the City Manager or the City Manager's designee. �ection 12-1001 ENFORCEMENT AND INSPECTION AUTHORITY. The City „e Manager� and his designated; agents �s�a�l be the compliance official who sha11 administer and enforce the provisions of this��C��dinance�and who is hereby authorized to cause inspections on a� scheduled basis fox rental dwelT�g units, and other buildings when reason exists to believe that a violation of this' �rclinance has: t�een or is being committed. Inspections sha11 be conducted during reasonable t�ries: and the compliance official shall present evidence of official capacity to the occupant� �n charge of a respective dwelling unit. Section 12-1002. INSPECTION ACCESS. Pursuant to Minnesota Statutes 504B.211.. the owner. mana�er or local a�ent is resuonsible for schedulin� the insuection and notifving anv existing tenant of the insnection. The owner. mana�er or local agent. must nrovide access to the reauestine citv authorized a�ent at the schedule insnection time or as reauested. Any owner, occupant, or other person in charge of a building may refuse to perinit free access and entry to the structure or premises under his control for inspection pursuant to this Ordinance, whereupon the compliance official may seek a court order authorizing such inspection. City of Brooklyn Center 12-29 City Ordinance Section 12-1101. LTNFIT FOR HUMAN HABITATION. l. Any building or portion thereof, which is da.maged, decayed, dilapidated, insanitary, unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declazed unfit for human ha.bitation. Whenever any building or premises has been declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placazd on same indicating that it is unfit for human habita.tion, and any operafiing license previously issued for such dwelling shall be revoked. 2. It sha11 be unlawful for such building�� or���iortio� thereof to be used for human habitation until the defective conditinns��liave been��c�rrected and written approval has been issued by the compliance official. It shall be unlawful for any person to deface or remove the declaration, piacard from any such �building. n ��-rrv�aL�T TDL' T TAT�TT A ATTI [7 A!'���Tl ��T TT,�virivC*.', TL.o o..� f Section 12 1103: HAZARDOUS BUILDING DECLARATION. In the event that a building has been declared=.unfix ,for human habitation and the owner has not remedied the defects within a pzescribed reasoriaiile tixne, the building may be declared a hazardous building and treatecl:consisterit wit� the p��visions of Minnesota Statutes. S��on 12-1201A �_�����COMPi,IANCE ORDER. Whenever the complia.nce official determines t�iat� �ny building �or portion t�iereof, or the premises surrounding any of these, fails to meet tlie prov�sions of this Chapter, a oompliance order setting �forth the violations of the Ordinance and orci�ring the owner, occupant, operator, or agent to correct such violations shall be issued. This compiiance order shall: 1. Be in writuig:: 2. Describe the location and nature of the violations of this Ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: City of Brooklyn Center 12-30 City Ordinance a. Served upon owner, agent or occupant personally; or b. Sent by l class mail to his/her last known address; or c. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Violations may be cited by the City and prosecuted, and l�cense suspension, revocation or non-renewal may be undertaken by the City whether or not a ccimpliance order has been issued. Section 12-1201B. ACTION PLAN. The comnliance�=offcial__mav reauire an action nlan to be comnleted bv the licensee. mana�er or local asent in a desi�nated :#�me frame that indicates the stens taken to correct identified violations and the measures that will be taken to ensure on�oine comnliance with citv ordinances and annlicable codes. Section 12-1202. RIGHT OF APPEAL. When it i� �leged by any person to whom a compliance order is directed that s�c�i compliance order i�� �ased upon erroneous interpreta.tion of this Ordinance, such person may`�appeal the compliance �order to the City Council sitting as a board of appeals. Such appeals must b�e in vvriti�, must speci�fy the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolutiQ�,, in cash or cashier's check, and must be filed with the department of planning and �spection within five (5) business days after service of the comphance order The filing of an appeai shali stay a11 proceedings in furtherance of the action appealed from, unles� such a stay would cause imminent peril to life, health, or property. Secho��;��-��03 B(�ARU� �F=�P1'EALS DECISION. Upon at least five (5) business days no#�c� to t1�e appeliant of the time and place for hearing the appeal, and within thirty (30) days afte��,said appeal���is ��led, the�=�oard of appeals shall hold a hearing thereon, taking into considera�on� any advice arid recomrnendation from the advisory housing coxnmission. The board of appea.is may reverse; modify, or�� �.ffirm, in whole or in part, the compliance order and may order retu�q�af all or part of the filing` fee if the appeal is upheld. Section 12 12Q4� RES'��ZICTIONS ON TRANSFER OF OWNERSHII'. It sha11 be unlawful for the owner nf any �uildi.ng, or portion thereof, upon whom a pending compliance order has been served to sell; �transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner sha11 furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and sha11 obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation ta.g or compliance order sha11 be bound by same without further service of notice and sha11 be liable to a11 penalties and procedures provided by this Ordinance. Section 12-1205. PENALTIES. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified City of Brooklyn Center 12-31 City Ordinance compliance order within the time set therein, upon conviction therefore shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) da.ys or both, together with the costs of prosecution. Each day of such failure to comply shall constitute a separate punishable offense. Section 12-1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the tixne set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, by resolution, following a hearing upon not less than ten,�ifl) days notice to the landowner cause the cited deficienc to be remedied as set forth in the::co� liance order. The cost of such Y ,-P remed shall be a lien a ainst the sub'ect real estate and.rna ':be levied and collected as a s ecial Y g J Y P assessment in the manner provided by Minnesota Sta.tutes, Chapter 429, but the assessment shall be payable in a single installment. Section 12-1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the c4mpliance official determines that any building, or portion thereof, ar the pzemises surrounding any of these fails to meet the requirements set forth in tliis, Oidinance, the eomiglia.nce official may issue a violation tag summoning the responsible person into court or request #he issuance of a criminal complaint and arrest warrant. Section 12-1302 PENI�I,TIES. Any person violatmg���ariy of the provisions of this Ordinance by doing �y; act or omitting to do any act"which coristitutes a breach of any section of this Ordinance, shall, �upon conviction thereof by lawful authority, be punished by a fine not to exceed one thousand dollai� �$1,OOOj �r by imprisonment not to exceed ninety (90) days or both, together vv�t� t�e costs of pr�sec�tiori. �ach_day that a violation continues shall be deemed a separate �uriishable �of.fense. �io: provision �f this ���Ordinance designating the duties of any official nri employee of th� City sliall, be so construed as to make such official or employee liable for the pena�ty provided ui ;this section because of failure to perform such duty, unless the intention of the �ity Council�to'�mpose sueh penalty on such official or employee is specifically and clearly expressed in the sec#ion creating the duty. Section 12-140��: SEP�BILITY. Every section, provision, or part of this Ordinance is declared sepazable fro�i eyer��other section, provision, or part to the extent that if any section, provision or part of the Ordi�ance sha11 be held invalid, it shall not invalidate any other section, provision or part thereof. Section 12-1402. NO WARRANTY BY CITY. Bv enactin� and undertakin� ta enforce this Ordinance, neither the Citv. Citv Council. its a�ents nor emnlovees warrant or �uarantv the safetv. fitness or suitabilitv of anv Rental Dwellin� or Rental Dwelling Unit in the Citv. Owners and occunants should take annronriate stevs to nrotect their interests. health. safetv and welfaze. i City of Brooklyn Center 12-32 City Ordinance