HomeMy WebLinkAbout2003 04-15 HCA AGENDA
Brooklyn Center Housing Commission
April 15, 2003
7 p.m.
CounciUCommission Room
Brooklyn Center City Hall
1. Call to Order: 7 p.m.
2. Roll Call
3. App�roval of Agenda
4. Approval of Minutes March 18, 2003
5. Chairperson's Report
6. Council Liaison Report
7. Discussion: Driveway Paving Requirements Follow-up from
April2n Joint Meeting.
8. Other Business
9. Adjournment: 8:30 p.m.
MEMORANDUM
TO: Chairperson Mark Yelich
Housing Commission Members
FROM: Tom Bublitz, Community Development Speciali t l
DATE: April 10, 2003
SUBJECT: Driveway Paving Information
As follow up from the Apri12" joint City Council and Housing Commission meeting,
information relative to a requirement for residential driveway paving is included in your packets.
This is a summary of past information reviewed by the Housing Commission relative to
driveway paving.
City of Brooklyn Center Street Improvement Project
Count of Unimproved Driveways
Total Homes in Number of
Project Year Project Area Project Area Unimproved Driveways
1995 Woodbine 239 2
1996 Orchard Lane East 230 3
1997 Orchard Lane West 532 3
1998 Bellvue Neighborhood 164 7
1999 Southeast 399 20
2000 Garden City Central 327 2�
TOTAL 1,891 37 (2%)
Total single family and two family properties
7,600 x 2% =152 properties
SUMMARY OF MUNICIPAL SURVEY OF ORDINANCE REQUIRMENTS
Requiring Improved Surfaces on Driveways
Brooklyn Center no requirement for paved or improved surfaces on dxiveways
Columbia Heights all required parking spaces must be surfaced with asphalt or
concrete as per housing maintenance code ordinance no. 1281
Fridley ordinance no. 1098 (enacted in 1997) finds and declares unpaved, gravel
or dirt driveways to be a nuisance and requires hard surface (paved)
parking areas must be installed by the year 2002 for all residential units without a
paved driveway.
Crystal zoning ordinance requires all areas intended to be utilized for parking
space in driveways must be surfaced with blacktop or concrete. This applies to
current driveways which are expanded, or when maj or remodeling or additions of
garage space is done. Driveways which axe currently gravel and are maintained as
such without enlarging them may continue as such. Should there be a problem
with erosion onto the public right of way or failure to maintain the driveway
property, orders may be issued to upgrade to a hard surface.
Robbinsdale in all R1 and R2 districts, areas intended to be used for self
propelled vehicle parking spaces in driveways shall be surfaced with a material
suitable to control dust and drainage. A grass covering does not constitute an
acceptable surfacing materiaL
Blaine all driveways must be hard surfaced as follows: 2 inches of bituminous
with 4 inches class five aggregate base; 4 inches concrete with a 10-10 woven
wire mesh or fiber mesh; 6 inches concrete or paver bricks, type and design as
approved by City Engineer.
Coon Rapids All driveways and paxking areas shall be improved in accordance
with specifications on file with the Chief Building Official. If the roadway is not
paved, the driveway need not be paved until such time as the owner is given
notice by the Zoning Administrator. Within 30 days after completion of the
paving of the roadway, the Zoning Administrator shall notify the owner in writing
that the driveway must be paved. The notice shall specify a date for completion of
the driveway paving, which date shall be no less than six (6) months nor more
than one (1) year form the date of the notice.
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PAVEMENT IRREGULARITIES
�q°► t7. �fia
Neighborhood Unimproved Driveway Damaged Blvd Damaged Corner Park on Grass Total
Northeast 54 86 49 35 224
Southeast 132 125 68 61 386
Northwest 27 95 80 55 257
West Central 12 23 12 40 87
Central 11 11 11 33 66
Southwest 22 0 2 31 55
Total 258 340 222 255 1075
PAVEMENT IRREGULARITIES
140
120
100 Unimproved Driveway
o�
m 80 Damaged Blvd
60 Damaged Corner
z
40 Park on Grass
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PAVEMENT IRREGULARITIES RENTAL PROPERTIES
R+�
Neighborhood Unimproved Driveway Damaged Blvd Damaged Corner Park on Grass Total
I
Northeast 4 0 0 1 5
Southeast 7 4 0 3 14
Northwest 3 3 0 1 7
West Central 3 0 0 1 4
Central 1 -0 0 1 2
Southwest 4 0 0 1 5
Total 22 7 0 8 37
PAVEMENT IRREGULARITIES RENTAL PROPERTIES
7
6
5 Unimproved Driveway
4 Damaged Blvd
3 Damaged Corner
2 0 Park on Grass
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CITY OF BROOKLYN CENTER J���
Notice is hereby given that a public hearing will be held on the day of
2001 at 7 p.m. or as soon thereafter as the matter may be heard at City Ha11,
6301 Shingle Creek Parkway to consider An Ordinance Amending Chapters 19 and 25 of the
City Ordinances regarding the Construction or Private Driveways and Sidewalks.
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 AMENDING CHAPTERS 19 AND 25 OF THE CITY
ORDINANCES REGARDING THE CONSTRUCTION OF PRIVATE DRIVEWAYS
AND SIDEWALKS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 19, Section 103, Subd. 14 is hereby amended as follows:
Section 19-103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to
be a public nuisance to permit, maintain or harbor any of the following:
14. The outside parking analor storage on occupied residentially used property of
usable or non-usable vehicles, trailers, watercraft, snowmobiles, recreation
vehicles, a11 terrain vehicles and similar vehicles, materials, supplies, equipment,
ice fish houses, skateboard ramps, or other nonpermanent structures unless they
comply with the following:
a) Vehicles, trailers and watercraft may be parked or stored outside in any
yard provided, however, if they are parked or stored in the front yard area,
ar a yard area abutting a public street, they must be parked or stored on an
authorized parking or driveway area or a paved or graveled extension of
an authorized parking or driveway area and be in compliance with Section
19-1301 through 1305 of the City Ordinances. Authorized driveways and
paved or graveled extensions thereof may not exceed ��o� ^f
Ta�� e� ��a��a�g� �b�4�=��a-P����s st�ggz the limits established by
Section 25-501 of the City Ordinances unless approved by the city council
as part of a plan approval for an apartment complex pursuant to Section
35-230 of the City Ordinances.
Section 2. Chapter 25, Subd. 501 is hereby amended as follows:
CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALK��AFT
Section 25-501. WHEN AUTHORIZED. Property owners aze hereby authorized to
construct driveways and sidewalks on private propertv and on propertv traversing the boulevard
connecting onto the streets owned by the City of Brooklyn Center subject to the following
conditions:
a. Such construction work must be done at the expense of the property owner and no
such construction work shall impair or damage the street.
b. The granting of permission by the council for this purpose shall give the owner no
right or claim against the city if and when the City shall regrade the streets and
shall otherwise improve or maintain said streets so that if following any
construction or maintenance work on the streets, the property owner is required to
reconstruct the driveway or sidewalk as a consequence thereof, he shall not be
entitled to any reimbursement by the City.
c. Drivewavs for sin�le familv ar two family residential dwellin�s shall not exceed
24 feet in width at the curb line and throu�h the boulevard portion of the street
right-of-wav.
d. Drivewavs for sin�le family and two family residential dwellin�s shall be of hard
surface such as concrete, asphalt, brick or similar hard surfaces in accordance
with En�ineerin� Department specifications. Compliance with the requirement
that drivewavs be constructed of a hard surface shall be achieved bv affected
propertv owners no later than 36 months after the effective date of this ordinance.
Drivewavs leadin� to a�ara�e shall not exceed the width of said �araQe.
Drivewavs not leadin� to a�ara�e are limited to 12 feet in width. On corner lots
with two driveways onlv one of the drivewavs mav exceed 12 feet in width. This
section of the ordinance shall not prohibit a paved or �raveled expansion of an
authorized driveway by twelve feet for vehicle parking or a turnaround area. The
total area allowed for authorized drivewavs and paved or �raveled expansions
thereof mav not exceed the above limits or 50% of the front vazd or the vard area
abuttin� a public street, whichever is less.
Section 3. This ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this day of 2001.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Strikeout indicates matter to be deleted, underline indicates new matter.)
MEMORANDUM
TO: Chairperson Mark Yelich
Housing Commission Members
FROM: Tom Bublitz, Community Development Specialist' I�
DATE: April 10, 2003
SUBJECT: Revised Ordinance Pertaining to the Licensing of Rental Units in the City of
Brooklyn Center
Enclosed is a copy of the draft ordinance which will be included in the April 14 City Council
Agenda for information and discussion. The ordinance is not being offered for a first reading at
this point.
Please note the sections in the revised ordinance shown in bold type are the revisions made at the
Apri12" joint meeting between the City Council and Housing Commission.
i
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CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of
2003, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to
consider
Auxiliary aids for handicapped persons are available upon request at least 96 hours in
advance. Please notify the personnel coordinator at 612-569-3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE PERTAINING TO THE LICENSING OF
RENTAL UNITS IN THE CITY OF BROOKLYN CENTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 12 is hereby amended to add new section 12-900 as follows:
Section 12-900. PURPOSE. It is the nurnose of this section to assure that rental housin�
in the citv is decent. safe and sanitarv and is so onerated and maintained as not to become
a nuisance to the nei�hborhood or to become an influence that fosters bli�ht and,
deterioration or creates a disincentive to reinvestment in the communit�. The operation
of rental residential nroaerties is a business enterorise that entails certain resnonsibilities.
Operators are resnonsible to take such reasonable steps as are necessarv to assure that the
citizens of the citv who occunv such units mav nursue the auiet eniovment of the normal
activities of life in surroundinss that are: safe, secure and sanitar�i: free from noise,
nuisances or annovances: free from unreasonable fears about safetv of nersons and
securitv of nropertv: and suitable for raisin� children.
Section 2. Section 12-901 of Chapter 12 is hereby amended as follows:
Section 12-941. LICENSING OF RENTAL UNITS.
l. License Reauired. No person shall operate a rental dwelling without first
having obtained a license to do so from the City of Brooklyn Center as
hereinafter provided. There shall be two tvaes of licenses: re�ular and
provisional. [Each such operating license shall be issued biennially and shall
expire on the anniversary date of issuance.] Provisional licenses are defined,
in Section 12-913.
2. License Tertn. Re�ular licenses will be issued for a neriod of two vears.
Provisional licenses will be issued for a neriod of six months. All licenses�
regular and nrovisional, will be reviewed everv six months after the
beginning of the license term to determine the license status.
3. License Renewal. License renewals shall be filed at least 90 days prior to
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. No application for an initial or renewal license
DRAFT
shall be submitted to
the cit council until the Com liance Official has
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determined that all life, health safety violations or discrepancies have been
corrected.
Section 3. Section 12-910 of Chapter 12 is hereby amended as follows:
Section 12-910. LICENSE SUSPENSION [OR], REVOCATION, DENIAL AND NON-
RENEWAL.
1. Every [operating] license issued under the provisions of this Chapter is subject
to suspension or revocation by the City Council.
2. In the event that a[n] [operating] license is suspended or revoked by the City
Council, it shall 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 [operating] license may be restored by
the City Council.
3. Any person violating this section shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more than one thousand
dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both,
together with costs of prosecution. 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 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, penalty, reinspection or
reinstatement fee required by this Chapter and City Council
resolution.
c. failure to correct deficiencies noted in notices of violation
in the time specified in the notice.
d. [any other violation of this Chapter.] failure to comnlv with
the nrovisions of an anvroved miti�ation vlan in the case of
urovisional licenses.
e. failure to operate or maintain the licensed premises in
conformity with all applicable state laws and codes and this
Code of Ordinances.
f. anv other violation of this Chavter.
[2.] 5. Revocation, suspension and non-renewal may be brought under
either this Section or Section 12-911, or both.
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[3.] 6. A regular license mav be revoked at the end of anv six-month
review neriod, as described in section 12-901f21 or at the end of
the two-vear term unon a findin� that the licensed uremises are
onlv eligible for a provisional license as nrovided in Section 12-
913.
[4.] 7. A decision to revoke, suspend, deny or not renew a license shall be
preceded by written notice to the applicant or licensee of the
alleged grounds therefor and the applicant or licensee will be given
an opportunity for a hearing before the City Council before final
action to revoke, suspend, deny or not renew a license. The
Council shall give due regard to the frequency and seriousness of
violations, the ease with which such violations could have been I
cured or avoided and good faith efforts to comply and shall issue a I
decision to deny, not renew, suspend or revoke a license only upon l
written findings.
[5.] 8. The Council may suspend ar revoke a license or not renew a I
license for part or all of a facility.
6. 9. Licenses ma be sus ended for u to ninet 90 da s and may,
i L� Y p P Y� Y
after the eriod of sus ension be reinstated sub'ect to com liance I
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with this Chapter and any conditions imposed by the City Council I
at the time of suspension. Licenses that are revoked will not be
remstatel until thc �wncr has apphel fir an� scc
ured a new
license and complied with all conditions imposed at the time of
revocation. Upon a decision to revoke, denv 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
shall not exceed one year. All new applications must be
accompanied by a reinstatement fee, as specified by Council
resolution, in addition to all other fees required by this Chapter.
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 reinstated, no
rental units becoming vacant in such part or parts of the facility
may be relet or occupied. Revocation, suspension or non-renewal
of a license shall not excuse the owner from compliance with all
terms of state laws and codes and this Chapter 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 period of suspension, revocation or non-renewal
specified in the City Council's written decision or in paragraph 8.
of this Section.
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Section 4. Chapter 12 is hereby amended to add new section 12-912 as follows:
Section 12-912. NO RETALIATION.
No licensee shall evict. threaten to evict or take anv other punitive action
against anv tenant bv reason of good faith calls made bv such tenant to law
enforcement a�encies relatin� to criminal activitv, susnected criminal
activitv, susnicious occurrences or uublic safetv concerns. This section shall
not nrohibit the eviction of tenants from a dwelling unit for unlawful conduct
of a tenant or invitee or violation of anv rules. re�ulations or lease terms
other than a nrohibition a�ainst contactin� law enforcement a�encies.
Section 5. Chapter 12 is hereby amended to add new section 12-913 as follows:
Section 12-913. PROVISIONAL LICENSES.
1. Licensed multinle dwellin�s, with five or more units, that have
�enerated an avera�e of .41 or more nolice or fire calls ner
dwellin� unit in a nreceding one vear neriod as snecified below are
eli�ible onlv for nrovisional licenses. Pronerties with nrovisional
licenses mav aualifv for a reEUlar license onlv after a one vear
period with fewer than .41 nolice or fire calls ner dwellin� unit.
a. Police and fire calls that are counted in determinin�
whether a nrovisional license is reauired include the
followin� tvnes of calls or events:
calls or events listed in Section 12-911:
ii calls or events cateeorized as nart one crimes in the
Uniform Crime Renortin� Svstem, includin� homicide,
rape, robberv, a��ravated assault. burelarv. theft, auto theft
and arson:
(iii) calls or events cate�orized bv the nolice denartment
as one of the followine:
a) Firearms (Minn Stat. 609.66 609.671
b) Weanons/dan�erous weanons (Minn Stat.
609.02 subd.6 609.661 Citv Ordinance 19-
402
c) Drue naranhernalia (Minn Stat. 152.092)
d) Loud nersons Citv Ordinance 19-1201
e) Gamblin� (Minn Stat. 609.755 609.761
fl Loud narties Citv Ordinance 19-1201
g) Prostitution (Minn Stat. 609.3211
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h) Noise cars/do�s Citv Ordinance 1-110-
horns/radios Citv Ordinance 19-
1201,02.03
i) Fi�hts Citv Ordinance 19-203
j) Dru�s/narcotics and/or narcotic nrecursors
(Minn Stat. 152.01)
k) Allowine curfew/status offenses/undera�e
drinkin� Citv Ordinance 19-301.19-304
1) Disorderlv conduct (Minn Stat. 609.721
m) Pronertv dama�e Citv Ordinance 19-211
n) Assaults Sth deeree non-domestic Citv
Ordinance 19-204
o) Public disturbance Citv Ordinance 19-202
p) Fire alanns Citv Ordinance 5-112
q) Interference with a neace officer (Minn Stat.
609.50)
r) Unlawful assemblv (Minn Stat. 609.7051
Citv Ordinance 19-1105
s) Presence at unlawful assemblv (Minn Stat.
609.1751
t) Terrorist threats (Minn Stat. 609.7131
u) Loiterin� Citv Ordinance 19-201
(ivl The Citv Mana�er mav determine that multinle
incidents shall be counted as a sin�le call in annronriate
cases.
b. Calls will not be counted for nurooses of determinin�
whether a nrovisional license is reauired where the victim
and susnect are "Familv or household members" as defined
in the Domestic Abuse Act. Minnesota Statutes. Section
518B.01, Subd. 2(bl and where there is a renort of
"Domestic Abuse" as defined in the Domestic Abuse Act,
Minnesota Statutes. Section 518BA1, Subd. 2(al.
c. The neriod of time used to determine whether a
nrovisional license is reauired is the twelve (121 month
period endin� two months before the six-month review
period described in section 12-901(21.
d. The Citv will nrovide bv mail to each licensee a monthlv
renort of calls described in nara�ranh (11(al above.
2. The annlicant for a nrovisional license must submit for Council
review a mitieation nlan for the license neriod. The mitieation
plan shall describe stens nrobosed bv the annlicant to reduce the
number of nolice and fire calls described in naraeranh (11 (al to a
level that aualifies for a re�ular license. The mitieation nlan mav
include such stens as: chan�es in tenant screenin� nrocedures.
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chan�es in lease terms. securitv measures. rules and re�ulations for
tenant conduct, and securitv nersonnel.
3. The annlication with a nronosed mitieation nlan will be nresented
to the Citv Council ,together with a recommendation bv the Citv
Mana�er or the Manaeer's desi�nee as to the disposition thereof.
After givin� the annlicant an onnortunitv to be heard and present
evidence, the Council shall annrove, disannrove. or annrove with
conditions the annlication and the mitieation nlan. If the Council
disannroves an annlication and miti�ation nlan or annroves it with
conditions. it shall state its reasons for so doin� in writin�. In
evaluating a mitigation nlan. the Council will consider, amon�
other thinss. the facilitv. its mana�ement �ractices, the nature and
seriousness of causes for police and fire calls and the expected
effectiveness of ineasures identified in the plan to reduce the
number of nolice and fire calls. In evaluatine a mitiEation nlan
submitted bv an annlicant alreadv under a nrovisional license, the
Council will also consider the effectiveness of ineasures identified
in the annlicant's nrevious mitieation nlan and the need for
different or additional measures to reduce police and fire calls.
4. The licensee shall comnlv with the mitieation nlan as annroved or
modified bv the Council. No later than the tenth dav after each
calendar month. the licensee shall mail or deliver to the Citv
Manager a written renort describin� all stebs taken in furtherance
of the miti�ation plan durin� the nrecedin� month.
Section 6. Chanter 12 is herebv amended to add new section 12-914 as follows:
Section 12-914. TENANT BACKGROUND CHECKS.
1. All licensees will conduct criminal back�round checks on all prospective
tenants. The criminal backeround check must include the followin�:
(a) A statewide (Minnesotal criminal historv check of all nrosnective
tenants coverin� at least the last three vears: the check must be
done "in nerson" or bv utilizine the most recent undate of the state
criminal historv files:
(b) A statewide criminal historv check from the prosnective tenant's
nrevious state of residence if the tenant is movin� directiv from the
previous state:
(c) A criminal historv check of anv nrosnective tenant in their nrevious
states of residence coverine the last three vears if thev have not
resided in Minnesota for three vears or loneer;
(d) A criminal historv check of anv nrosnective tenant must be
conducted in all seven counties in the metro Twin Citv area
coverin� at least the last three vears includin� all misdemeanor,
eross misdemeanor, and felonv convictions.
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2. This ordinance shall become effective after adoption and upon thirty (30)
days following its legal publication.
Adopted this day of 200
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Underline indicates new matter; brackets indicate matter to be deleted.)
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