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2016 03-14 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION March 14, 2016 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. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center March 14, 2016 AGENDA 1. 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. Flag Ceremony and Pledge of Allegiance – Boy Scout Troop 454 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. February 22, 2016 – Study Session 2. February 22, 2016 – Regular Session 3. February 22, 2016 – Work Session b. Licenses c. Application and Permit for Temporary On-Sale Liquor License Submitted by the Church of St. Alphonsus, 7025 Halifax Avenue North, for a Social Event to be Held April 30, 2016 d. An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter; Adding New Section 4.06 and Renumbering Current Sections 4.06 and 4.07 to 4.07 and 4.08, Respectively –Motion to approve first reading and set second reading and Public Hearing for April 11, 2016. CITY COUNCIL AGENDA -2- March 14, 2016 e. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street and Utility Improvements 7. Presentations/Proclamations/Recognitions/Donations –None. 8. Public Hearings a. Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs –This item was first read on February 8, 2016; published in the official newspaper on February 18, 2016; and is offered this evening for Public Hearing. Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. 1. Resolution Certifying Special Assessments for Diseased Tree Removal Cost to the Hennepin County Tax Rolls Requested Council Action: –Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls Requested Council Action: –Motion to adopt resolution. b. Resolution Adopting the TH 252 Corridor Study Plan as a Planning and Development Guide for TH 252 from I-94/694 to TH 610 Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt resolution. 9. Planning Commission Items –None. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 2006 Brookview Drive 2. 5415 Emerson Avenue North 3. 7025 Drew Avenue North CITY COUNCIL AGENDA -3- March 14, 2016 4. Resolution Approving a Type IV Rental License for 3701 69th Avenue North 5. Resolution Approving a Type IV Rental License for 5444 Dupont Avenue North 6. Resolution Approving a Type IV Rental License for 6400 Noble Avenue North 7. Resolution Approving a Type IV Rental License for 5607 Lyndale Avenue North Requested Council Action: –Mayor poll audience for applicant to address Council. –Receive staff report. –Motion to open hearing. –Receive testimony from applicant. –Motion to close hearing. –Take action on rental license application and mitigation plan. b. An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City Requested Council Action: –Motion to approve first reading and set second reading and Public Hearing for April 11, 2016. 11. Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 14, 2016 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 Discuss An Ordinance Amending Chapter 35 - Zoning of the City Code of Ordinances Regarding Decks and Porches as an Allowable Encroachment into Certain Residential Yard Setback Areas and Adding New Definitions of Decks and Porches PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 22, 2016 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:03 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Myszkowski asked about Agenda Item No. lOb Charter Commission Submission of Recommended Amendments to the City Charter. She asked for clarification on the amendment regarding write-in candidates. City Manager Curt Boganey stated that if someone is going to run a campaign as a write-in candidate and they want to make sure their votes are counted, they will have seven days before the election to make a written request with the filing officer. Councilmember Myszkowski asked what would happen if the person did not know about or participate in his campaign. Mr. Boganey replied that if a write-in candidate has potentially enough votes to be elected, those votes would be counted and if the candidate winds up with the most votes, the candidate would be elected. Councilmember Myszkowski stated that State statute says that there are no write-ins candidates allowed for primaries. She assumes we can allow this because the City is a Charter City. Mr. Boganey replied affirmatively. Mayor Willson stated that there has been a request to remove Agenda Item No. 6e Resolution Approving Projected Use of Funds for 2016 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements from the Consent Agenda and placing it on the agenda as Consideration Item No. lOa. 02/22/16 -1- DRAFT Councilmember Ryan asked about the plan for the acquired land under EDA Agenda Item No. 4a Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (3600 61 s' Avenue North). Mr. Boganey replied the City is acquiring the land so it can be available for future use that has not yet been determined. It is not part of The Sanctuary redevelopment project. The occupant of 3606 61st Avenue North has been notified by the City of its plans and is not yet ready to sell their property. MISCELLANEOUS Mr. Boganey reviewed the Brooklyn Center University City Council and Administration Agenda for March 2, 2016. He asked if City Councilmembers would like any changes and suggestions. Mayor Willson stated he is comfortable with the agenda but is willing to discuss change. Councilmember Ryan stated he doesn't see a need to change anything. Mr. Boganey stated that he will send out background information for Councilmembers to prepare their presentations and they will do role-playing similar to last year. He asked if Councilmembers wanted a full set of session copies. Councilmembers requested that it be sent electronically and Councilmember Ryan asked for a hard copy. Mayor Willson relayed a question from Councilmember Lawrence-Anderson regarding what was entailed in staff monitoring the Brooklyn Center Timber Bay/Youth Investment Foundation under Agenda Item No. 6e. Mr. Boganey replied that they don't anticipate a significant staff burden. Councilmember Myszkowski stated that she had received an e-mail from the gentleman who previously spoke to the City Council regarding MAC Park. He is wondering if there was consideration being given to building a walkway because of flooding. Mr. Boganey stated he will investigate and report back. Councilmember Myszkowski stated she will not be able to attend the March 28, 2016, City Council meeting. Mayor Willson stated that he had attended a Blue Line Committee meeting regarding a walkway over County Road 81 on February 11th• He stated that in November, 2015 research regarding the walkway was requested and information came back that the City of Brooklyn Park is not looking at an overhead walkway but the City of Crystal is. There were tentative drawings available at this committee meeting. He stated that Brooklyn Center is supporting both the cities of Brooklyn Park and Crystal in whatever direction they take. Councilmember Ryan stated that he was glad to hear this because this was the City Council's previous consensus. 02/22/16 -2- DRAFT DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS TH 252 CORRIDOR STUDY UPDATE Public Works Director/City Engineer Steve Lillehaug presented the TH 252 Corridor Study Review including background; overview and the purpose of the study; study goals and objectives; issues-existing conditions; and questionnaire results (72 returned); intersection alternatives and other solutions - evaluated; access options; and alternative A. Discussion of this item continued and reached conclusion at the February 22, 2015, Work Session. ADJOURNMENT The Study Session adjourned to Informal Open Forum with the City Council at 6:45 p.m. 02/22/16 -3- 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 FEBRUARY 22, 2016 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 April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Diane Sannes, 7006 Willow Lane, presented information on an AARP seminar being held February 24, 2016 entitled Homefit: The Lifelong Home regarding home modifications that make it possible for people to remain independent and live in their own homes as they age. She also presented information on an event to be held March 9, 2016 by The Enitan Story - Advocate for Victims. Empower Survivors. This organization provides victims of human trafficking with direct services and referrals to other resources that match their needs. Jane Sandberg, 3413 Woodbine Lane, spoke regarding her opposition to the proposed sidewalk at 72nd and Woodbine. She stated that children will continue to walk on the streets and cross midblock and she went over current paths followed by children to walk to school. She stated that there is no proposed sidewalk to help kids south of 72'' Avenue. She stated that kids have safely used the current route for 50 years and she stated that to utilize the route people would need to be educated on the new route. She has been told there is no plan in place to educate residents. She would like the City Council to reconsider their vote. Josh Benson, 16385 211th Avenue NW, Elk River, stated that he has purchased a duplex in the City and was told that he can't rent it. He is wondering what he should do. Mayor Willson asked him to speak at the scheduled public hearing. 02/22/16 -1- DRAFT Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson, acting on behalf of Councilmember Lawrence-Anderson, offered the invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as with item 6e being pulled and placed under item lOa. 6a. APPROVAL OF MINUTES 1.February 8, 2016— Study Session 2.February 8, 2016 - Regular Session 6b. LICENSES MECHANICAL C & M Heating Construction Mechanical Service E & J Heating & Cooling, Inc. RENTAL INITIAL (TYPE II— two-year license) 13862 Wintergreen Street, Andover 1875 Buerkle Road, White Bear Lake 1616 37 th Street SE, Buffalo 02/22/16 -2- DRAFT 5924 York Avenue N RENEWAL (TYPE III— one-year license) 3707 61st Avenue N Passed w/weather deferral 6213 Chowen Avenue N 5439 Colfax Avenue N 5728 Logan Avenue N 3018 O'Henry Road Passed w/weather deferral RENEWAL (TYPE II— two-year license) 321863 rd Avenue N Passed w/weather deferral 1336 68th Lane N 7045 Unity Avenue N 7101 Unity Avenue RENEWAL (TYPE I— three-year license) 1343 67 t" Lane N 2301 Ericon Drive 6809 Fremont Place N 6828 Fremont Place N 5320 Humboldt Avenue N Corey Tansom Douglas Allen Wahl Nazneen Khatoon (did not meet action plan requirements- missing CPTED follow-up) Roger Kadlec (did not meet action plan requirements- missing 1 ARM meeting) Konstantin Ginzburg Chen Xuan Zhou/John Stiles Sopheak Pho Soye Chalte Abideen Aj ibola/AMAS Investments, LLC Faith Goenner John Caneday Dan Mattison Ali Sajjad Ali Sajjad Jacki Smith 6e. RESOLUTION NO. 2016-30 DECLARING FIRE FIGHTER/FIRE INSPECTOR-EDUCATOR IN A DUAL POSITION 6d.ANNUAL REPORT ON FRANCHISE FEES 6e.RESOLUTION NO. 2016-31 APPROVING PROJECTED USE OF FUNDS FOR 2016 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS - MOVED TO AGENDA ITEM lOa Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None 02/22/16 -3- DRAFT 8. PUBLIC HEARINGS 8a. AN INTERIM ORDINANCE EXTENDING A MORATORIUM ON THE LICENSING AND OPERATION OF NEW RENTAL DWELLING UNITS AND IMPOSING TEMPORARY REGULATIONS ON THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY - This item was first read on January 25, 2016; published in the official newspaper on February 4, 2016, and is offered this evening for Public Hearing. City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He stated that there has been significant progress made. Information on rental licenses will be available at the next City Council meeting. This extension allows time to consider adoption of a new ordinance. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mark Bliven, Director of Risk Assessment and Community Notification, MN Department of Corrections, stated that he believes that the City Council should have more material and information to help them understand the issues. He stated that it seems to be a bifurcated discussion on real estate values and public safety issues. Councilmember Ryan stated that no one is sure how the Minnesota Sex Offender Program (MSOP) federal lawsuit will be resolved and there is the possibility of a lot more offenders being released. He stated that Brooklyn Center has not been treated fairly in the past in terms of how the offenders have been distributed to communities. Mr. Bliven stated he agrees that those issues should be addressed and Chief Gannon's concerns are legitimate. He stated that most MSOP offenders would not be under local supervision, but would be supervised by the Department of Human Services. He stated he is not speaking for Hennepin County but is interested in bringing a Statewide perspective and how this ordinance could have a dramatic impact on how correction supervision is done around the State. He said it is important for the City to take its role very seriously because it would be the first metro city to consider residency restrictions and put them in place. He stated that Columbia Heights and Hilltop have followed Brooklyn Center's lead and the reality is that the location of Brooklyn Center in relation to Minneapolis is impactful. Councilmember Ryan stated that there could be discussion about why we have received more than our fair share of offenders being placed in residences. He appreciates the fact that Mr. Bliven is not the decision maker but he thinks the City has good reason to have concern and anxiety regarding the lawsuit alone. He said until released offenders are placed in a fair and equitable distribution, it is our responsibility to protect our community. He stated that a Level III rating is based on the level of re-offense. 02/22/16 -4- DRAFT Mayor Willson stated that he understands that the ordinance may have an impact on the MSOP, but Brooklyn Center's rates have dramatically increased in a short period of time. He stated that Brooklyn Center is facing areas of poverty; high concentrations of affordable housing; the impact of the zip code restriction that is forcing individuals to locate here; and the potential release of high numbers of MSOP offenders. He stated that the high rate of recidivism by Level III offenders makes the City worried about how that group of individuals is growing in Brooklyn Center. Given the affordability of Brooklyn Center and Brooklyn Park, we could see many more offenders locating here. He spoke of his past work with Level III offenders and the high rate of recidivism. He stated that in order to protect citizens they want to study and raise the issue. He questioned if the distribution will be equitable throughout the metro area if there will be a large number of Level III offenders released and he stated that Brooklyn Center tends to get the short end of the stick and he would rather be proactive than wait for the problem to manifest itself. Mr. Bliven stated that the zip code restrictions were made by Hennepin County Corrections. He stated that Hennepin County Corrections is open to working with cities on issues and this may be a better way to address issues than an ordinance. He stated that if other Hennepin County cities adopted the same ordinance, they are essentially saying that no offenders are allowed to live in the county. Mr. Boganey clarified that this hearing extends the moratorium for 60 days and it keeps in place the interim ordinance for an additional 60 days. He stated that the interim ordinance will be similar to a permanent ordinance so it is appropriate to speak tonight and there will be another opportunity to speak again. He asked if Mr. Bliven believed that after the ordinance was adopted that there was no attempt from the City to speak to the county. Mr. Bliven replied that he didn't know what the connections were with the county, but he sees misconceptions in the ordinance such as giving the impression that there is a high recidivism rate for Level III offenders. He stated the purpose of labeling offenders is to manage them and they actually have a very low recidivism rate. He stated that those under supervision have a 0% recidivism rate. Mr. Boganey stated that he was not sure, there was anything in the ordinance that spoke to the recidivism rate, but they did indicate that Level III offenders are designated as the most likely to re-offend. Mayor Willson stated that Level III offenders have been violent offenders in the past and that brings a concern. Brooklyn Center has had six Level III offenders and one has gone back to prison so he knows supervision is working. Mr. Bliven stated that the 2,000-foot restriction is sort of an arbitrary idea and creates the impression of creating safety zones. He asked if there are any areas of Brooklyn Center that don't fall under the safety zone and, if so, why are offenders being concentrated into those particular neighborhoods. Mayor Willson stated that there are areas in the City that accommodate the 2,000-foot restriction and they fully understand that an ordinance with footage limitations cannot be enacted that 02/22/16 5- DRAFT prevent location within the City. He stated that they have looked at areas that it would be allowable for offenders to locate within the City. Mr. Bliven asked if they are designated as unsafe zones. Mayor Willson stated that there would be much more police enforcement in those areas especially if the concentration is higher than it is today. He stated that we are not saying those are unsafe zones, but they are places where kids do not congregate. By having a 2,000-foot restriction, areas surrounding schools and parks should be safe. Mr. Bliven offered to present materials for the City Councils' information in writing. Mayor Willson asked for the information prior to the March meeting to take it under consideration. Josh Benson, 16385 211 "' Avenue NW, Elk River, stated that he had purchased a duplex at 5137 and 5139 France Avenue. He bought the property to restore it and now it can't be rented. He would like direction. Mayor Willson stated that there will be another 60-day extension on the moratorium and he understands the economic ramification for Mr. Benson. Mr. Benson asked when his private property rights will be restored. Mayor Willson replied that the City Council would have to approve the ordinance change, which may or may not impact his property. Mr. Boganey stated that 60 days beyond March 22 nd is the earliest there would be some certainty about rental licenses in certain neighborhoods and until the City Council adopts a new ordinance, they can't answer his question. City Attorney Troy Gilchrist stated that according to State Law, owners don't acquire a vested right to utilize the property as they wish. He stated that the idea is to get an ordinance in place as quickly as possible and staff is working hard to put something before the City Council for a decision. Mayor Willson stated the moratorium is in place so that the City Council can study the issue because there is a perception of a large number of rental properties in Brooklyn Center. Mr. Benson asked what would be done with multi-unit buildings that would sit vacant. Councilmember Ryan stated his understanding and perspective that the issue is with single family, owner-occupied homes being converted into rentals. There has been an improved rental ordinance and it is not his intention to restrict properties that had been rentals in the past such as the duplex. He is focusing on limiting the number of single-family homes being converted. He apologized for the inconvenience the moratorium has caused Mr. Benson, but believes it is necessary. 02/22/16 -6- DRAFT Mr. Benson asked if he could get a rental license. Mayor Willson stated that he couldn't tell him for sure and their intent is not to say that one cannot rent in the city. The intent is to address the single-family conversions and look at what can be done to better manage those properties. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2016-01 Extending a Moratorium on the Licensing and Operation of New Rental Dwelling Units and Imposing Temporary Regulations on the Residency Location of Predatory Offenders within the City. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2016-002, SUBMITTED BY ROBBINSDALE AREA SCHOOLS - ISD NO. 281 REQUESTING SITE AND BUILDING PLAN APPROVAL FOR NEW CLASSROOM AND ENTRY ADDITION TO NORTHPORT ELEMENTARY SCHOOL (5421 BROOKLYN BOULEVARD). THE PLANNING COMMISSION RECOMMENDED (UNANIMOUS) APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 11, 2016, MEETING. Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2016-002 and advised the Planning Commission recommended approval of the applications at its February 11, 2016, meeting. Mayor Willson stated he is not opposed to this submitted application but has concerns about the process and not having a public hearing. He stated that one of the duties and functions of the Planning Commission is to hold public hearings and suggested holding a public hearing tonight so any comments could be heard before taking action on the application. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. 02/22/16 -7- DRAFT Motion passed unanimously. 1. RESOLUTION NO. 2016-32 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-002, SUBMITTED BY ROBBINSDALE AREA SCHOOLS - ISP NO. 281 REQUESTING SITE AND BUILDING PLAN APPROVAL FOR NEW CLASSROOM AND ENTRY ADDITION TO NORTHPORT ELEMENTARY SCHOOL (LOCATED AT 5421 BROOKLYN BOULEVARD) Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2016-32 Regarding the Disposition of Planning Commission Application No. 2016-002, Submitted by Robbinsdale Area Schools - ISD 281 Requesting Site and Building Plan Approval for New Classroom and Entry Addition to Northport Elementary School, Located at 5421 Brooklyn Boulevard. Councilmember Ryan stated he is pleased to see the improvements. Councilmember Myszkowski echoed Councilmember Ryan's remarks and stated that the projected enrollments bode well for Brooklyn Center. She also stated that how attractive area has become. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS lOa. FORMERLY CONSENT AGENDA ITEM NO. 6e RESOLUTION NO. 2016-31 APPROVING PROJECTED USE OF FUNDS FOR 2016 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Jesse Anderson, Deputy Director of Building and Community Standards, presented an overview of the allocations. Deb Loon, Executive Director of Brooklyn Avenues (Avenues for Homeless Youth), 6910 76 Avenue N, Brooklyn Park, addressed the City Council and apologized for their absence from the previous meeting. She reported that they have been open for a full year and the program has proven its necessity in serving the community. She said they have supported 99 youth; 44 have lived there for 80 days and 55 have accessed the emergency beds. She stated that 73% have moved on to a stable living arrangement with 50% percent moving back with their family and 25% moving into more independent living arrangements. She stated her appreciation for City and community support. Mayor Willson stated that the numbers show the need is being addressed and the City has made a good decision in supporting the program. 02/22/16 -8- DRAFT Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-31 Approving Projected Use of Funds for 2016 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements Motion passed unanimously. lOb. FORMERLY COUNCIL CONSIDERATION ITEM NO lOa CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Item 1 Ob 1. 1. 142555h AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 1425 55th Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal license would be considered. Councilmember Ryan stated that he wanted to make it clear that this rental license was issued before the moratorium took effect and therefore it is eligible to be renewed. Motion passed unanimously. lOc. FORMERLY COUNCIL CONSIDERATION ITEM NO. lOb CHARTER COMMISSION SUBMISSION OF RECOMMENDED AMENDMENTS TO THE CITY CHARTER Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution, which is to prevent tallying superfluous write-in votes. He clarified that if the write-in candidate has enough votes to win the election, the votes would be counted and the person could be elected to the office. Mayor Willson stated that a high number of write-in votes would trigger staff to count the votes whether or not the candidate has made a written request with the filing officer. Councilmember Ryan clarified that this amendment should save the clerk time and money by eliminating the counting of superfluous names on the ballot. 02/22/16 -9- DRAFT Councilmember Ryan moved and Councilmember Myszkowski seconded to direct Staff to draft a Charter Amendment Ordinance. Motion passed unanimously. Mayor Willson confirmed that the City Council would have to unanimously approve the amendment with all five Council Members present. lOd. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES RELATING TO LIMITING THE RESIDENCY LOCATION OF CERTAIN PREDATORY OFFENDERS Police Chief Tim Gannon stated working with Hennepin County was difficult at times. He discovered that there were prohibitive zip codes and that had an impact on Brooklyn Center and that wasn't communicated with the City until it was thrust upon them. Mayor Willson stated he was glad Chief Gannon brought the issue to them. He said this is a trend and something that the City Council is interested in and it is better to be proactive than reactive. He is glad that a moratorium and study is being done. He thinks it is good that Chief Gannon saw a trend and made people aware of it. Chief Gannon stated that five out of six offenders in Brooklyn Center were affected by the prohibitive zip codes, which is why Brooklyn Center has a disproportionate number of offenders, and talked about the effect of the prohibitive zip code practice. He stated he has met with the County Commissioner, Hennepin County probation and supervisors and there are no coherent plans in place so the City would likely still have a disproportionate number. Mayor Willson stated that he does not want to see any incidence involving a violent sexual offender in Brooklyn Center and one of our children or young adults is far too many. If we are looking at the tradeoff between volume and risk, he would rather look at it now than later after something has happened. Mr. Boganey stated that staff is recommending that the City Council approve the first reading of the ordinance and set second reading and public hearing for March 28, 2016. Mayor Willson commented he is not taking the view of "not in my backyard" but he certainly is concerned about his backyard. Councilmember Graves stated she is reluctant to make a holistic statement about groups of people and believes in second chances, but believes this is right for Brooklyn Center. Councilmember Ryan moved and Councilmember Myszkowski seconded to Reading and Set Second Reading and Public Hearing for March 28, 2106, for Amending Chapter 12 of the City Code of Ordinances Relating to Limiting Location of Certain Predatory Offenders. Approve First an Ordinance the Residency 02/22/16 -10- DRAFT City Attorney Gilchrist stated he would be interested in Mr. Bliven' s materials but encouraged an effort to avoid the unsafe notion and that somehow a portion of the City is unsafe. He said if people engage in that type of hyperbole, then it could be said that the prohibitive zip code has rendered Brooklyn Center as unsafe. Mayor Willson stated having someone say we are building unsafe zones is not right in his opinion and not the goal of the moratorium especially given what our Police Department has done to lower crime. Mr. Boganey commented that the State Statute related to predatory offenders mandates that the distance from schools and the closeness of proximity in location be considered. He said what we have done is establish a clearer definition and reasonable concentration for Brooklyn Center by establishing the 2,000-foot distance from schools; we are just defining the State Law. He said when an offender is located in a community, there is a public notification. He stated there is evidence that shows that where there is a high level of offenders, there is a direct negative impact on property values. He said the City is trying to limit the negative impact on neighborhoods. He stated we want to minimize the impact by not having large numbers and concentrations. Councilmember Ryan stated that the City Council is firmly behind the ordinance and that he appreciates Chief Gannon's and the City Attorney's efforts because we have been negatively impacted by the zip codes restrictions. He said the city must be treated fairly and equitably. Councilmember Myszkowski stated that given the lack of communication and cooperation among entities it is no wonder why we felt we had to do this. She said the numbers are jarring to see the concentration in such a small community. She appreciates Chief Gannon' s efforts and Mr. Boganey's support. Mayor Willson stated that there were comments that people can be rehabilitated and that is true. He said Brooklyn Center tends to attract a group home setting so it solidifies for him that this is something we can look at and can have an impact on. Councilmember Graves asked where the ordinance specifically addresses the concentration of offenders and if there was a potential that even with the ordinance there could be new homes built that could bring the City's numbers up. Mr. Boganey responded that it is extremely unlikely that the numbers would expand. Mayor Willson stated that the City could have an area that has a higher number of offenders, but there is a need to avoid an exclusionary ordinance. Councilmember Graves stated that she doesn't want to see a particular community that already bears the brunt of disparity impacted by high concentrations of offenders. Mayor Willson stated that he shares that concern and stated that the City's affordable housing is attractive to agencies across the metro. 02/22/16 -11- DRAFT City Attorney Gilchrist stated that the State Statute mandates that the proximity to schools should be considered and the proximity to other offenders should be considered. He said the hope is that would be considered. Councilmember Graves asked if it was in the ordinance. City Attorney Gilchrist replied that the proximity to other offenders is not addressed in the ordinance. Mayor Willson stated that if it looks like the concentration of offenders is not being enforced and it looks like there is a high concentration in an individual area, the City will address it. Mr. Boganey stated that if the City Council is interested in language regarding the distance between predatory offenders, it could be added to the ordinance as an amendment. Councilmembers agreed that they would like that language added to the ordinance. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • February 9, 2016: Northwest Cities Interview • February 13, 2016: Town Hall Meeting by District 40 Legislators • February 17, 2016: North Metro Mayors Meeting • February 18, 2016: Brooklyn Center Lions Club Meeting • February 23, 2016: MAC Meeting • February 25, 2016: Metropolitan Housing Forum Councilmember Ryan indicated he was unable to attend the BCBA Luncheon. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: February 17, 2016: Crime Prevention Board Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • February 9, 2016: Co-chaired Northside Collaborative Meeting • February 10, 2016: Park and Recreation Commission • February 28, 2016: Attended Young Elected Officials Climate Justice Policy Academy Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • February 11, 2016: Blue Line Light Rail Committee Meeting • February 17, 2016: North Metro Mayors Meeting • February 18, 2016: Hennepin County Legislative Delegation Meeting • February 22, 2016: Meeting with HUD Representatives and Met Council Representatives 02/22/16 -12- DRAFT 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:42 p.m. Motion passed unanimously. 02/22/16 -13- DRAFT 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 FEBRUARY 22,2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:02 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Lin Myszkowski, and Dan Ryan. Commissioner Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. TH 252 CORRIDOR STUDY UPDATE Public Works Director/City Engineer Steve Lillehaug continued the presentation pertaining to the Trunk Highway 252 Corridor Study with Alternative A and key issues; Alternative B and key issues; Alternative D and key issues; and Alternative F and key issues; the study's alternatives evaluation; and the results of the questionnaire. Councilmember/Commissioner Ryan stated that Alternative D could result in possible litigation from businesses who might claim that their interest has been damaged due to the impacts to access to their properties and discussion took place regarding that possibility. Mr. Lillehaug indicated the recommended alternative includes a combination of A plus B that would include a 66 1h Avenue full access interchange; 70th Avenue closed and a pedestrian bridge; and a 73rd Avenue full access combination with Brookdale Drive. Information that supported the recommended alternative was discussed along with other project components that would be experienced and consistent with any freeway conversion option including increasing traffic volumes, sound walls, bridges, and other aesthetics. Possible next steps were discussed that include public involvement based on the City Council's desire to formalize and consider a preferred alternative; the City Council approval of a report that would include the City's preferred option; and a Hennepin County led Freeway Conversion study for TH 252. Mr. Lillehaug stated that if the City Council desired to proceed with the proposed recommendation, federal funding could then be pursued including a formal request to the Minnesota Department of Transportation and the Metropolitan Council for an interchange at 66th Avenue North. 02/22/16 -1- DRAFT Following discussion, the majority consensus of the City Council was to hold a public hearing regarding the recommended alternative and to approve the TH 252 Corridor Study for adoption as a planning guide with elements of Alternatives A and B as recommended. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Conimissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 9:50 p.m. Motion passed unanimously 02/22/16 2- DRAFT City Council Agenda Item No. 6b F] COUNCIL ITEM MEMORANDUM DATE: March 7, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on March 14, 2016. Background: The 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. MECHANICAL Air Conditioning Associate Cool Air Mechanical Holl-Tec Installations LLC MN Plumbing and Appliances Inc. RENTAL See attached report. 55 W Ivy Ave, St.Paul 1544134 1h Ave NE, Ham Lake 772 13th Ave, Foley 14105 Rutgers Street NE, Prior Lake Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust S[I1IJ[iJ I I I k7A 1h'A I Dk'4 [II 1I I1IJ'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+unitsIH 0-035 Type II —2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes No Category 1-2 0-1 Impact 3-4 units M.25 - 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than I but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 o more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for id! people and preserves the public trust I - 0*a) 0 0 0 0-1 0 C) 0 0 0 0 0 0 0 L — — za) 0(I) a) u CL ——E—E-—— — 04 -i 00 -4 N r r 0 N -1 C'4 0 00 co ci)0:o5 - U IQ(0 '- 2>-i u (1) -(I) a) (1) C —EEE0 0)000 Lnj E - • = W Gi- - = °-' w " - -C— C C C C C C C C C C C C C — >-a) (- a) a) a) a) (I) a) 0) a) a) a) a) a) a)- 4-'ci:: 0 w Cc C1 0 ( Ci 0 Ci Ci: 0 ^ a)Q w EL= = = = = = = ;= = = = 0EEEEEEEEEEE E E>-o03 (0(0(0(0(0(0(0(0(0(0(0 (0 (0 uc rY) C -- .- CLLU.. U.. I.L LL U.. LL LL IL U.. IL LL U.. C (00.) a) a) 0)0 a) a) 0)0) a) 0) 0.) a) — .2 CL 01)>C C CCC C I C C C C C C C - .. - (I) 00E -o - N '- 0 z _O.ytLo=N a) cu C C- a)ZZtjZ (0 -0> c<zz j< 0 C (0>< >< o.9-j - :6 'EEE --' C 0 0 (0 0 0 2 0 0) U . (I)'-NN<0UU Ll-I..-1O > ><0) ua N -4 N '.0 L1) (.0 0) N 0 N > v-I 'I) .Y .E 2 0.. I LI) U) '.0 N U) 1.0 N LI) (.0 N 03 (.0 0. * * *_ c-I v-I 0 N cc) 00 c-I (.0 N 0) N 0 l (0 0 * * =Hmm-40Cfl0 N 0w> U .-l* City Council Agenda Item No. 6c EI1IJ[iJ I I I DI'A UYA I D1'A 0] 1I I1IAA I TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: March 3, 2016 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by the Church of St. Alphonsus, 7025 Halifax Avenue North, for a Social Event to be Held April 30, 2016 Recommendation: It is recommended that the City Council consider approval of the application and permit for a temporary on-sale liquor license submitted by the Church of St. Alphonsus, 7025 Halifax Avenue North, for a social event to be held April 30, 2016. Background:TheChurch of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and permit for a temporary on-sale liquor license for a social event to be held April 30, 2016. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: E:zsuriizg an attractive, clean, safe, inclusive comlnuni(j' that enhances the quality of life for all people and preserves the public (rust Minnesota Department of Public Safety }C/) dTI/ Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651 -201 -7500 Fax 651 -297 -5259 TTY 651 -282 -6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt numberISt. Alphonsus Church 1 1/1/1959IES 32045 Address City State Zip Code17025 Halifax Ave N Brooklyn Center Minnesota 55429 Name of person making application Business phone Home phone IlMichelle Karlson 763-503-3389 Date(s) of event Type of organization14/30/2016 Club Charitable Z Religious Other non-profit Organization officers name City State Zip CodeIFr. Donald Willard, C.Ss.R.I Brooklyn Center I Minnesota 1155429 Organization officers name City State Zip CodeIII I Minnesota I Organization officer's name City State Zip CodeII IMinnesota I_I Organizationofficer'sname City State ZipCode1I_I [Minnesota Location where permit will be used. If an outdoor area, describe. St. Alphonsus Church C.Ss.R. Hall If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Catholic Mutual Relief Society of America APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENTbc eboki,- cen-ler\) City or Counts approving the license Date Approved 25oo Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US City Council Agenda Item No. 6d EIII[iJ I fl I I Mk4 Uh'A I ak'A (1) 1II I1SJi DATE: March 7, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 'V1JUW.. SUBJECT: An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter; Adding New Section 4.06 and Renumbering Current Sections 4.06 and 4.07 to 4.07 and 4.08, Respectively Recommendation: It is recommended that the City Council consider approving first reading and setting second reading and Public Hearing for April 11, 2016, for An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter; Adding New Section 4.06 and Renumbering Current Sections 4.06 and 4.07 to 4.07 and 4.08, Respectively. Background: At its February 22, 2016, meeting, the City Council received the Charter Commission recommendation to amend the City Charter by Ordinance and directed Staff to prepare an Ordinance Amending the City Charter. Attached is an ordinance amending the City Charter for Council consideration, as well as materials that were presented at the February 22, 2016, City Council meeting. Budget Issues: There is a cost savings in the time and resources necessary to prepare a write-in tally of all ballots cast with write-in votes. iWission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 11th day of April 2016 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 amending Chapter 4 of the Brooklyn Center City Charter; adding new Section 4.06 and renumbering current Sections 4.06 and 4.07 to 4.07 and 4.08, respectively. 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 CHAPTER 4 OF THE BROOKLYN CENTER CITY CHARTER; ADDING NEW SECTION 4.06 AND RENUMBERING CURRENT SECTIONS 4.06 AND 4.07 TO 4.07 AND 4.08, RESPECTIVELY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 4, Section 4.06 of the City Charter of the City of Brooklyn Center is hereby added as follows: Section 4.06. WRITE-IN CANDIDATES. A candidate for city office who wants write-in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh (71h) day before the general municipal election or special election. The -filing officer shall provide copies of the form to make the request. Section 2. Chapter 4, current Sections 4.06 and 4.07 of the City Charter of the City of Brooklyn Center are renumbered 4.07 and 4.08, respectively. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of 2016. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) [1BJ[J I fl I I Dk'A I'A I Dk"4 (I] 1I I1S1k I DATE: February 11, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Jwm I4fliJW1 SUBJECT: City Charter Amendments Recommendation: It is recommended that the City Council receive the Charter Commission amendment recommendations and consider directing Staff to prepare an ordinance for City Council consideration. Background: On February 9, 2016, Charter Commission Chair Mark Goodell transmitted to City Manager Curt Boganey amendments to the City Charter as recommended by the Charter Commission. The amendments are to add a new Section 4.06 Write-In Candidates and renumber current Sections 4.06 and 4.07 to 4.07 and 4.08, respectively. I have reviewed the amendment and am highly in favor of its approval. The Cities of Blame and Fridley have amended their City Charters to require that a write-in candidate for city offices file a written request for the write-in votes to be counted. This amendment would require only tallying the write-ins for those who filed a request. It would eliminate the City having to tally all of those fictitious write-ins (i.e., Mickey Mouse, Anyone Else, Brad Pitt, etc.). Minn. Stat. §204B.09 Subd. 3 provides language for county, state, and federal offices as follows: Write-in candidates. (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought not more than 84 days before the primary and no later than the seventh day before the general election. The filing officer shall provide copies of the form to make the request. Under Minn. Stat. §410.12 Subd. 7, the City Council may enact a charter amendment by ordinance. If it is the direction of the City Council, we will prepare an ordinance for consideration within 30 days of Council receiving these recommendations. Adoption of said ordinance requires a unanimous approval of all Council Members to become effective. Budget Issues: There are no budget issues to consider. Mission: Ensuring an altractive, clean, safe, inclusive community (hat enhances the quality of life for al/people and preserves the public trust BROOKLYN CENTER HOME RULE CHARTER COMMISSION February 91h 2016 Curt Boganey City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendments to the City Charter Dear Mr. Boganey: The purpose of this letter is to transmit to the Brooklyn Center City Council proposed amendments to the Brooklyn Center City Charter. The enclosed recommended amendments are being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) of the Charter Commission's Rules of Procedures ("Rules"). Each of the recommended amendments was accepted by a 2/3 affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIJI(B)(1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendments and will act on them within the timelines established in Minnesota Statutes, section 410.12, subdivision 7. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Commission's reasons behind the recommended amendment. Sincerely, Mark Goodell Chairperson Enclosure - Recommended Amendment #1 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENTS The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendments to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. The following are presented as separate recommendations that the City Council may act on individually or jointly as it determines is appropriate. Recommended Amendment #1 Chapter 4 of the City Charter of the City of Brooklyn Center is hereby amended by inserting the following new section 4.06, renumbering the current section 4.06 to 4.07 and renumbering current section 4.07 to 4.08 as follows: Section 4.06. WRITEIN CANDIDATES. A candidate for city office who wants writein votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh day before the general municipal election or special election. The filing officer shall provide copies of the form to make the request. Section 4.076. CANVASS OF ELECTION. The Council shall meet and canvass the election returns between the third (3rd) and the tenth (10th) day after any regular, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 4.0. PROCEDURE AT ELECTIONS. The City Council may by ordinance adopt such rules and regulations as may be necessary or desirable to regulate the conduct of elections subject to the provisions of this charter and the laws of the State of Minnesota when applicable. Submitted to the City this 9th day of February 2016. BY THE CHARTER COMMISSION Mark Goodell, Chairperson Mary O'Connor, Secretary City Council Agenda Item No. 6e I 1601004 I fl N goo LA I ak to) 1I SJh'A I DATE: March 8, 2016 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Engineer THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: ResolutionResolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to Kuechle Underground, Inc., for Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street and Utility Improvements. Background: Bids for the Palmer Lake West Area Street and Utility Improvements, Project Nos. 2016-01, 02, 03 and 04, contract were received and opened on March 4, 2016. The bidding results are tabulated below: BIDDER Kuechie Underground, Inc. Northwest Asphalt, Inc. Ryan Contracting Co. Northdale Construction Co., Inc. RL Larson Excavating, Inc. Palda and Sons, Inc. TOTAL BASE BID $5,584,536.81 $5,911,986.06 $5,923,255.74 $5,931,729.21 $6,036,845.54 $6,393,844.03 Of the six (6) bids received, the lowest bid of $5,584,536.81 was submitted by Kuechie Underground, Inc. of Kimball, Minnesota. Kuechle Underground, Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $5,584,536.81 is within the 2016 budgeted amount. The total estimated budget including contingencies, administration, engineering and legal was $7,860,000 and is amended to $6,820,836.21, an approximate 13.2 percent decrease (see attached Resolution - Costs and Revenues tables). Additionally, $21,404 of work was added to the project for the removal of the existing CenterPoint Energy gas main, which they plan to replace concurrently with the City's project. CenterPoint Energy will reimburse the City for this work that is included in the Contract. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, soft', inclusive community that enhances the quality of lift for all people and preserves the jmhhic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2016-01, 02, 03 AND 04, PALMER LAKE WEST AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2016-01, 02, 03 and 04, bids were received, opened and tabulated by the City Clerk and Engineer on the 4th day of March, 2016. Said bids were as follows: Bidder Kuechie Undergound, Inc. Northwest Asphalt, Inc. Ryan Contracting Co. Northdale Construction Co., Inc. RL Larson Excavating, Inc. Palda and Sons, Inc. Total Base Bid $5,584,536.81 $5,911,986.06 $5,923,255.74 $5,931,729.21 $6,036,845.54 $6,393,844.03 WHEREAS, it appears that Kuechle Underground, Inc. of Kimball, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The Mayor and City Manager are hereby authorized and directed to enter into a contract with Kuechie Underground, Inc. of Kimball, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2016-01, 02, 03 and 04, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are is follows: Amended COSTS Estimated per Low Bid Contract $6,417,200.00 $5,584,536.81 Lighting $ 108,000.00 $ 100,799.40 Contingency $ 653,300.00 $ 454,000.00 Subtotal Construction Cost $7,178,500.00 $6,139,336.21 AdminlLegal/Engr. $ 681,500.00 $ 681,500.00 Total Estimated Project Cost $7,860,000.00 $6,820,836.21 RESOLUTION NO. REVENUES Street Assessment Storm Drainage Assessment Sanitary Sewer Utility Water Utility Fund Storm Drainage Utility Fund Street Light Utility Street Reconstruction Fund Capital Projects Fund Miscellaneous CenterPoint Energy Total Estimated Revenue Estimated $ 832,616.00 $ 249,745.00 $1,460,000.00 $1,790,000.00 $1,160,255.00 $ 130,000.00 $2,197,384.00 $ 40,000.00 $ -0- $ -0- $7,860,000.00 Amended per Low Bid $ 832,616.00 $ 249,745.00 $1,214,549.60 $1,321,771.40 $1,158,462.48 $ 119,799.40 $1,857,530.33 $ 44,258.00 $ 700.00 $ 21,404.00 $6,820,836.21 March 14, 2016 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 [I1S1SJ[iJ I fl N MY4 Uh'A I aIL'A (I) 11hI )ISJ1I DATE: March 14, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community J2tL Standards/HRA Specialist SUBJECT: Public Hearings on Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs Recommendation: It is recommended that the City Council conduct the Public Hearings and consider approval of the attached resolutions certifying special assessments for Diseased Tree Removal Costs and Weed Removal Costs, Background: Two Public Hearings are scheduled for March 14, 2016 to consider certification of proposed special assessments. The City Council called for a March 14, 2016 Public Hearing at its February 8, 2016 meeting. All potentially affected property owners have been notified by certified mail of the date of the Public Hearing and the amount of the proposed special assessments. As of March 5, 2016, no formal appeals have been made to City staff since the February 8, 2016 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. • A written Compliance Notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. In certain cases, the property owner may provide written agreement to a City-facilitated abatement. • The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. • The direct costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. II/ss'ion: Ensuring an attractive, clean, safe cainmulilty that enhances the quality of ilfe ala! preserves the public trust [EI1IJSJ I i I *'4 L I M'A (I) t1I IISJhYA I Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the Public Hearings. If any additional property owner files an appeal with the City Clerk prior to the Public Hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest, between March 15, 2016 and April 13, 2016. 2.After April 13, 2016 through November 22, 2016, the property owner may pay the total special assessment plus accumulated interest (4.0 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2016. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 4.0 percent is accrued on the unpaid balance. Diseased Tree Removal Costs Five Year Weed Removal Costs One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Mission: Ensuring (In attractive, clean, safe coinnuntity that enhances the quality of life and preserves the public trust S[I1IJISJ I fl N ik'4 U I k'1 (ii 1II WJ I Budget Issues: The levy roll for diseased tree removal costs totals $12,730. The levy roll for weed removal costs totals $30,206.25. However, the list will be updated as appropriate for the Council Meeting reflecting payments made by March 14, 2016. Attachment: Resolutions- Diseased Tree Removal Weed Removal List of Levied Properties- The list will be updated for the Council Meeting based on payments made by March 14, 2016, Strategic Priorities: o Resident Economic Stability !kfission: Ensuring an attractive, clean, safe community that enhances the quality qflife 1111(1 preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2015 under the authority of Minnesota Statutes, Section 18G.13, City Ordinance Section 20-301 through 20-306 and/or by written agreement with the owners of such property; and WHEREAS, on March 14, 2016, certain tree removal costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts during 2015, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent tree removal costs to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of tree removal costs incurred during the year 2015 is hereby adopted and certified as Levy No. 19306. 2. The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at four (4) percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2017, and shall bear interest on the entire assessment from April 13, 2016, through December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City, without interest, if the entire assessment is paid on or before April 13, 2016. After April 13, 2016, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 13, 2016, through the date of payment. Such payment must be made by the close of business November 23, 2016, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 14, 2016 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Trees) 2015 Tree Removal Printed March 14, 2016 Municipal Code No. 22 Levy Runs Five Years Levy No.Property ID Pending AmountProperty Address Capital Interest Charge Special Assessment Charge Total Amount Certified 19306 01-118-21-22-0084 700.00 6001 Girard Ave N 30.00 30.00 760.00 19306 02-118-21-41-0104 1,750.00 5525 James Ave N 30.00 30.00 1,810.00 19306 02-118-21-43-0036 302.50 5301 Oliver Ave N 30.00 30.00 362.50 19306 02-118-21-43-0065 1,840.00 5401 Logan Ave N 30.00 30.00 1,900.00 19306 10-118-21-13-0030 2,075.00 5012 Lilac Dr N 30.00 30.00 2,135.00 19306 27-119-21-42-0090 1,975.00 3713 72nd Ave N 30.00 30.00 2,035.00 19306 28-119-21-44-0005 512.50 6931 Perry Ave N 30.00 30.00 572.50 19306 34-119-21-21-0014 625.00 6701 France Ave N 30.00 30.00 685.00 19306 34-119-21-41-0084 1,050.00 3101 Ohenry Rd 30.00 30.00 1,110.00 19306 36-119-21-24-0052 550.00 6645 Bryant Ave N 30.00 30.00 610.00 Total:11,980.00 Page 1 of 1City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statutes Section 18.78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, on March 14, 2016, certain weed destruction accounts for removal of said weeds and tall grass costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2015, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where unpaid weed destruction account costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of unpaid weed destruction accounts incurred during the year 2015 is hereby adopted and certified as Levy No. 19307. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2017, in one annual installment with interest thereon at four (4) percent per annum and shall bear interest on the entire assessment from April 13, 2016, through December 31, 2017. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 13, 2016. After April 13, 2016, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 13, 2016, through the date of payment. Such payment must be made by the close of business November 23, 2016, or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. ________________ 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 14, 2016 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Grass/Weeds) 2015 Weed Destruction Printed March 14, 2016 Municipal Code No. 22 Levy Runs One Year Levy No.Property ID Pending AmountProperty Address Capital Interest Charge Special Assessment Charge Total Amount Certified 19307 01-118-21-21-0046 1,162.50 6042 Dupont Ave N 10.00 30.00 1,202.50 19307 01-118-21-21-0047 1,095.00 6036 Dupont Ave N 10.00 30.00 1,135.00 19307 01-118-21-23-0014 100.00 5700 Girard Ave N 10.00 30.00 140.00 19307 01-118-21-23-0078 330.00 5808 Fremont Ave N 10.00 30.00 370.00 19307 01-118-21-24-0025 273.75 5800 Dupont Ave N 10.00 30.00 313.75 19307 01-118-21-32-0059 100.00 1424 55th Ave N 10.00 30.00 140.00 19307 01-118-21-32-0077 251.25 5636 Humboldt Ave N 10.00 30.00 291.25 19307 01-118-21-32-0124 285.00 5500 Emerson Ave N 10.00 30.00 325.00 19307 01-118-21-33-0017 407.50 5301 Girard Ave N 10.00 30.00 447.50 19307 01-118-21-33-0111 1,211.25 5355 Emerson Ave N 10.00 30.00 1,251.25 19307 01-118-21-33-0119 262.50 5311 Emerson Ave N 10.00 30.00 302.50 19307 01-118-21-33-0168 100.00 5420 Fremont Ave N 10.00 30.00 140.00 19307 01-118-21-33-0169 100.00 5424 Fremont Ave N 10.00 30.00 140.00 19307 01-118-21-34-0069 100.00 5325 Bryant Ave N 10.00 30.00 140.00 19307 01-118-21-34-0135 452.50 821 Bellvue La 10.00 30.00 492.50 19307 02-118-21-22-0028 285.00 5912 Xerxes Ave N 10.00 30.00 325.00 19307 02-118-21-34-0027 1,515.00 2329 55th Ave N 10.00 30.00 1,555.00 19307 02-118-21-42-0101 1,526.25 2106 Ericon Dr 10.00 30.00 1,566.25 19307 02-118-21-43-0044 407.50 5317 Logan Ave N 10.00 30.00 447.50 19307 02-118-21-43-0059 100.00 2000 53rd Ave N 10.00 30.00 140.00 19307 02-118-21-43-0126 100.00 5401 Oliver Ave N 10.00 30.00 140.00 19307 02-118-21-44-0002 100.00 5338 Logan Ave N 10.00 30.00 140.00 19307 02-118-21-44-0032 341.25 5301 Humboldt Ave N 10.00 30.00 381.25 19307 02-118-21-44-0099 100.00 5333 James Ave N 10.00 30.00 140.00 19307 03-118-21-11-0001 100.00 5956 Beard Ave N 10.00 30.00 140.00 19307 03-118-21-13-0021 1,185.00 5812 Drew Ave N 10.00 30.00 1,225.00 19307 03-118-21-23-0004 592.50 5727 Major Ave N 10.00 30.00 632.50 19307 03-118-21-31-0003 100.00 5601 Halifax Ave N 10.00 30.00 140.00 19307 03-118-21-31-0065 251.25 3906 Eckberg Dr 10.00 30.00 291.25 19307 03-118-21-43-0029 100.00 3613 54th Ave N 10.00 30.00 140.00 19307 10-118-21-12-0008 100.00 5220 Drew Ave N 10.00 30.00 140.00 19307 10-118-21-12-0062 307.50 5207 Ewing Ave N 10.00 30.00 347.50 19307 10-118-21-12-0085 296.25 5142 France Ave N 10.00 30.00 336.25 19307 10-118-21-14-0072 850.00 5000 Zenith Ave N 10.00 30.00 890.00 19307 10-118-21-21-0004 1,275.00 5127 Twin Lake Blvd E 10.00 30.00 1,315.00 19307 10-118-21-24-0022 262.50 3825 51st Ave N 10.00 30.00 302.50 19307 25-119-21-32-0003 100.00 1211 73rd Ave N 10.00 30.00 140.00 19307 25-119-21-33-0015 100.00 1112 Emerson La 10.00 30.00 140.00 19307 25-119-21-41-0039 386.25 7237 Willow La N 10.00 30.00 426.25 19307 26-119-21-43-0104 240.00 2112 69th Ave N 10.00 30.00 280.00 19307 26-119-21-44-0061 100.00 7037 Humboldt Ave N 10.00 30.00 140.00 19307 27-119-21-31-0108 273.75 7131 Indiana Ave N 10.00 30.00 313.75 19307 27-119-21-32-0082 50.00 7201 Kyle Ave N 10.00 30.00 90.00 19307 27-119-21-33-0102 577.50 6940 Brooklyn Blvd 10.00 30.00 617.50 Page 1 of 2City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Amended Special Assessment Certified Roll (Grass/Weeds) 2015 Weed Destruction Printed March 14, 2016 Municipal Code No. 22 Levy Runs One Year Levy No.Property ID Pending AmountProperty Address Capital Interest Charge Special Assessment Charge Total Amount Certified 19307 27-119-21-41-0006 100.00 7207 Palmer Lake Dr W 10.00 30.00 140.00 19307 27-119-21-43-0049 100.00 3806 Urban Ave 10.00 30.00 140.00 19307 28-119-21-43-0035 385.00 5200 70th Ave N 10.00 30.00 425.00 19307 28-119-21-44-0005 100.00 6931 Perry Ave N 10.00 30.00 140.00 19307 33-119-21-11-0046 670.00 6736 Perry Ave N 10.00 30.00 710.00 19307 33-119-21-11-0088 373.75 6842 Regent Ave N 10.00 30.00 413.75 19307 33-119-21-41-0026 100.00 4707 Eleanor La 10.00 30.00 140.00 19307 33-119-21-41-0095 100.00 6340 Quail Ave N 10.00 30.00 140.00 19307 33-119-21-42-0085 100.00 6400 Unity Ave N 10.00 30.00 140.00 19307 33-119-21-44-0018 100.00 6124 Quail Ave N 10.00 30.00 140.00 19307 34-119-21-13-0084 442.50 6500 Brooklyn Blvd 10.00 30.00 482.50 19307 34-119-21-33-0048 100.00 6225 Lee Ave N 10.00 30.00 140.00 19307 34-119-21-33-0065 945.00 6217 Major Ave N 10.00 30.00 985.00 19307 34-119-21-34-0013 626.25 3906 Janet La 10.00 30.00 666.25 19307 34-119-21-34-0105 351.25 4001 Joyce La 10.00 30.00 391.25 19307 34-119-21-44-0011 240.00 3213 63rd Ave N 10.00 30.00 280.00 19307 35-119-21-32-0013 100.00 2806 65th Ave N 10.00 30.00 140.00 19307 35-119-21-32-0085 100.00 6309 Brooklyn Dr 10.00 30.00 140.00 19307 35-119-21-32-0096 100.00 2907 Ohenry Rd 10.00 30.00 140.00 19307 35-119-21-33-0058 285.00 6206 Xerxes Ave N 10.00 30.00 325.00 19307 35-119-21-33-0059 240.00 6201 Brooklyn Dr 10.00 30.00 280.00 19307 36-119-21-22-0008 100.00 6807 Dupont Ave N 10.00 30.00 140.00 19307 36-119-21-22-0012 240.00 6731 Dupont Ave N 10.00 30.00 280.00 19307 36-119-21-24-0018 307.50 6614 Bryant Ave N 10.00 30.00 347.50 19307 36-119-21-32-0090 100.00 1207 65th Ave N 10.00 30.00 140.00 19307 36-119-21-34-0027 100.00 6138 Colfax Ave N 10.00 30.00 140.00 19307 36-119-21-41-0007 475.00 6354 Willow La N 10.00 30.00 515.00 19307 36-119-21-42-0020 645.00 6330 Camden Ave N 10.00 30.00 685.00 Total:28,460.00 Page 2 of 2City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Special Assessment Public Hearings Diseased Tree and Long Grass/Weed Nuisance Abatement Costs City of Brooklyn Center Presented by: City Council Meeting Jesse Anderson, Deputy Director of Building March 14, 2016 and Community Standards Overview Special Assessment Background • Summary of Process for Each Service Type • Diseased Tree Removal Costs o Weed (Noxious and Long Grass) Public Nuisance Abatements o Public Hearing Process • Q & A • City Council Meeting03/14/20162 Special Assessment Background Minnesota State law allows cities to recover • costs of certain types of services through special assessment to the property City incurs costs associated with these public • service programs and activities. If unpaid, these costs may be specially assessed to the property. Public Hearing required • City Council Meeting03/14/20163 Special Assessment Background cont… Pending special assessments made available • to public, including Title Companies, when a property sale takes place Buyer responsible for negotiating any outstanding fees o with previous owner. New owner may contact the realtor and/or Title • Company to see if there was error with Title Company search or with the payment. Very few cases in which timing an issue City Council Meeting03/14/20164 Special Assessment Background cont… Property owners of record notified of Public • Hearing for special assessments, meeting legal notification requirements. In certain cases, such as the Diseased Tree • Program, owners may authorize City to remove tree and request special assessment. Allows residents alternative payment option for tree o removal Program helps ensure a health urban forest, part of the o Tree City USA Standards City Council Meeting03/14/20165 Special Assessment Background cont… Two Public Hearings being held specific to this • Council Item Diseased Tree Removal Costs o Weed (Noxious and Long Grass) Public Nuisance o Abatements As of today • Revised proposed levy rolls provided to City Council o Reflects payments made and adjustments based on o any previous communication with staff City Council Meeting03/14/20166 Public Nuisance Notification Procedures Legal processes followed • Compliance Notice mailed regarding violations • and abatement To owner of record-homeowner, bank, attorney, etc. 1) 2) In addition, routinely posted at vacant property City facilitates abatements (removal of violations) • Where owners do not comply, or o Where owners agree to have the abatement performed by the o City The direct costs of abatement plus administrative • charges apply Repeat long grass/weed violators also subject to • reinspection fees after initial violation within season City Council Meeting03/14/20167 Recommended Procedure for Public Hearings Conduct both Public Hearings concurrently • Appellants state basis for their appeal at front • podium during Public Hearing Council may remove any reasonableappeal from • proposed levy roll and adopt remaining proposed assessments Appellants provide contact information to staff • Public Hearing continued for those properties • Staff will review and provide report for appeals at • upcoming City Council Meeting for review by City Council Tentative March 28, 2016 City Council Meeting (next meeting) o depending on number of appeals City Council Meeting03/14/20168 Guidelines for Appellants People wishing to appeal should: • 1.Use the center podium in front of Council 2.State their full name and their current address 3.Provide the address of the property with the pending special assessment (if different) 4.State the reason they think they should not have to pay the pending assessment costs 5.Then appellants should provide contact information on the signup sheet City Council Meeting03/14/20169 Questions? Thank you City Council Meeting03/14/201610 City Council Agenda Item No. 8b COUNCIL ITEM MEMORANDUM DATE: March 9, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Adopting the TH 252 Corridor Study Plan as a Planning and Development Guide for TH 252 from 1-94/694 to TH 610 Recommendation: It is recommended that the City Council consider approval of a resolution adopting the Trunk Highway (TH) 252 Corridor Study Plan as a planning and development guide for TH 252 from I- 94/694 to TH 610 with recommended interchange access configuration in Brooklyn Center to include: a full access interchange at 66th Avenue; 70 ° Avenue closed with Pedestrian bridge; and a full access combination with Brookdale Drive at 73rd Avenue as described and depicted in the Corridor Study. Background: At the February 28, 2011, City Council Work Session, the City Council was provided with information and a possible strategy that could be used to identify and address the longstanding, multiple transportation issues associated with the TH 252 Corridor. In April 2012, the City Council directed staff to proceed with a transportation planning study initiative for the corridor, and WSB & Associates was subsequently hired to perform the study. The study work included data collection and evaluation, developing a long-term vision for the corridor, and developing and evaluating alternative designs. A technical advisory committee was assembled that included the Cities of Brooklyn Center and Brooklyn Park staff, Minnesota Department of Transportation (Mn/DOT), Metropolitan Council and Metro Transit. Civic engagement included six open houses, written feedback/suggestions and a questionnaire. As a result and in addition to the City's study, the following supplemental activities were accomplished: • Mn/DOT developed traffic modeling for the multipl'e corridor alternatives. • Mn/DOT developed detailed concept layouts for several of the alternatives. • Hennepin County committed to take over the Freeway Conversion Study from Mn/DOT as the lead agency, committing $200,000 to perform the study. At the February 22, 2016, City Council Work Session, the Council received an overview of the TH 252 Corridor Study including partnership and public outreach efforts; components of the documentation and foundation of the study; and the recommended access configuration of TH 252 in Brooklyn Center that includes a full access interchange at 66th Avenue, closing 70 t11 Avenue and construction of a pedestrian bridge, and a full access interchange combination with Brookdale Drive at 73 Avenue (see attached). It should be noted that the recommended improvements at 73 Fd Avenue are pending further evaluation and consideration by the City of Brooklyn Park as part of the future TH 252 Freeway Conversion Study due to the joint iifission: Ensuring an attractive, clean, safe, inclusive conan/tally that enhances the quality of lije for all people mid preserves the public trust I1IIh(iJ I fl I Dk'A U'A I h"4 (I) U1 1IJk I jurisdiction of this intersection by both Brooklyn Center and Brooklyn Park. Subsequently, additional public comment was received from a resident that will be documented and added to the Corridor Study (see attached). The study has been completed and all documents have been finalized. As indicated, the report was provided at the February 22, 2016, City Council Work Session and is available on the City's Website by searching "TH 252". Public Hearing A Public Hearing notice was published in the March 3 and 10, 2016, editions of the Brooklyn Center Sun Post Newspaper and was mailed to over 2,000 property owners and tenants in the northeast part of Brooklyn Center, north of 1-694 and east of Humboldt Avenue. While a Public Hearing is not technically required, it provides an opportunity for constituents to directly provide any final comments regarding this study to the City Council. Budget Issues: Upon consideration and adoption of the study with a preferred interchange layout, City staff will continue to pursue funding partnership and planning. Additionally, it is expected that Hennepin County will proceed with a detailed Freeway Conversion Study upon completion of the City's study at this time. Strategic Priorities: Key Infrastructure Investments 1issioii: Ensu ring in attractive, clean, saj?, ij,elusive coimnunhty, that enhances the quality of life fbr all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE TH 252 CORRIDOR STUDY PLAN AS A PLANNING AND DEVELOPMENT GUIDE FOR TH 252 FROM 1-94/694 TO TH 610 WHEREAS, the City of Brooklyn Center's Comprehensive Plan identifies multiple transportation and developmental issues surrounding the TH 252 corridor as follows: •• Capacity improvements needed on TH 252 to address regional increase in traffic demand • Capacity improvements on TH 252 would help reduce traffic demand on parallel collector roadways under the City's jurisdiction • Potential interchange needed at 66th Avenue to address traffic issues, a capacity constraint and developmental access needs to the regional transportation system • A need to improve strategies that will enhance transit service The Comprehensive Plan also identifies TH 252 as a critical element as part of the regional transportation system; and WHEREAS, the City of Brooklyn Center's Pedestrian and Bicycle Plan identifies pedestrian crossing challenges for the TH 252 corridor and identifies a strategy to address pedestrian safety issues by searching for potential grade-separated crossings ; and WHEREAS, the City of Brooklyn Center retained the services of WSB & Associates, Inc. to study corridor issues along TH 252 from 1-94/694 to TH 610 and to develop a long term vision for the corridor supplemented by interim improvements working towards the ultimate corridor vision; and WHEREAS, partners involved with the study included the Minnesota Department of Transportation; Hennepin County; Metro Transit; Metropolitan Council; City of Brooklyn Park; and City of Brooklyn Center staff, Planning Commissioners, Councilmembers, citizens, business owners and property owners; and WHEREAS, the study focused efforts on identifying interim and long-term improvements to address existing safety, congestion, and neighborhood connectivity issues on TH252; and WHEREAS, on February 22, 2016, the City Council Study Session included an overview presentation by City staff and the consultant including partner and public outreach efforts, study work and documentation and the Corridor Study; and RESOLUTION NO. WHEREAS, the City Council voiced its support for this study and discussed the use of the TH 252 Corridor Study as an official planning and development guide for corridor initiatives and enhancements including a preferred access configuration along TH 252 within Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby adopts the TH 252 Corridor Study Plan as a planning and development guide for TH 252 from 1-941694 to TH 610 with recommended interchange access configuration in Brooklyn Center to include: a full access interchange at 661h Avenue; 70th Avenue closed with Pedestrian bridge; and a full access combination with Brookdale Drive at 731 Avenue as described and depicted in the Corridor Study. March 14, 2016 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. MMENOWCgr of 8ROOKLYNMEMORANDUM7EIVTERM:kll DATE: December 8, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Amendment to TH 252 Corridor Study This memo supplements the TH 252 Corridor Study dated February 16, 2016. Specifically, this memo contains the TH 252 Recommended Access Configuration exhibit and additional resident correspondence. The following are attached and provide additional information as outlined: o TH 252 Recommended Access Configuration Exhibit. This exhibit shows the proposed TH 252 access in Brooklyn Center including a full access interchange at 66th; closing 70th Avenue with new pedestrian bridge; and a full access combination with Brookdale Drive at 73rd Avenue. • Letter dated March 8, 2016, from the property owner at 7012 Willow Lane. This letter supplements the information provided in Appendix B: Other Public Comments of the TH 252 Corridor Study. •,im U 4 Ld U '.; '0 u- ...- .--•10 o-_ .;,.'.-.-.'T',-; .•:- ,'• I\+GStIi Avnu4 I L,t (:•----' ' •, ' .-;.-.i ..I. 'r' '•••"b :.I.Lc ®R C U C 00 0 0 Uao)T) C E00 ILO DE a C110 (0 4 -- ..--- Jr!r VIM'I- r r- Curt Boganey March 8, 2016 City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Preliminary Design of TH 252 Dear Curt, I have reviewed the Recommended Access Configuration (dated February 23, 2016) and believe this to be most prudent course of action for the city and MnDOT to take. I believe the configuration to be a very safe design that will undoubtedly save many lives over the course of time. The City Council should encourage the City of Brooklyn Park to move as quickly as possible to adopt their respective interchange configurations. As the retired City Engineer of Brooklyn Park, during my tenure, I had considerable experience working with MnDOT on the interchanges along TH 610, The Devils Triangle (TH 169, CR 81 and 85111 Ave.), as well as the widening of 1-694. In the early part of my career I worked for MnDOT (1969-1972) as a preliminary design engineer, working on 1-394, in downtown Minneapolis, as well as the Minnesota River crossing of 1-494. The TH 252 interchange has been a challenging experience for not only your staff, but the consultant engineer as well. However, it is my strong opinion that their recommendations should be adopted. I realize that both commercial and residential properties will need to be acquired for the construction and that this will not only have an adverse impact on them, but also the loss of friends and neighbors and the loss of businesses that provide services to our community. These adverse impacts are easily outweighed by the safety that the new improvements will bring to my neighbors, to our city and the traveling public. The existing traffic is already producing far too many accidents and fatalities and the projected volumes make the existing situation even more unacceptable. I encourage the Brooklyn Center City Council to adopt this plan at their earliest convenience. Sincerely, '/Y._ Gary E. Brown P. E. 7012 Willow Lane Brooklyn Center, MN 55430 CC: Jeff Holstein, City of Brooklyn Park Traffic Engineer TH 252 Corridor Study Public Hearing City of Brooklyn Center City Council Regular Mtg. March 14, 2016 Purpose of the Study Address motor vehicle, • pedestrian and bicycle safety, congestion and connectivity concerns in the corridor Guide future improvements to • TH 252 Study Goals and Objectives GoalsObjectives Identify expressway or freeway • Establish the long-term • options for future vision for TH 252 vision Identify interim safety • Identify interim • improvements to improvements Document proposed transit • improvements address existing Recommend project for future • congestion, safety and competitive federal funding neighborhood programs connectivity issues at Develop recommendations for • implementing interim and long- 66, 70and 73 ththrd term improvements Avenues Issues –Existing Conditions Questionnaire 2. Do you believe that there are safety and/or congestion problems at the intersections along TH 252? 3. Should TH 252 be a freeway similar to TH 100, remain as its is or is there another option that should be considered? Intersection Alternatives and other solutions -Evaluated Intersection Alternatives and other solutions -Evaluated Intersection Alternatives and other solutions -Evaluated Recommendation: Grade Separation Freeway Conversion TH 252 Access Options: Mn/DOT modelled traffic on local streets Alternative A Alternative B Alternative D Alternative F Alternatives Evaluation Questionnaire 4. Of the alternatives presented/ developed to date, which do you prefer ? 5. What street/access location would you prefer to use to access TH 252 in BC? Questionnaire 1.Which area do you live in? (see map) 6. If you believe that improvements are needed, when do you think they should be implemented? Brooklyn Center –TH 252 Recommended Access Configuration Note: Recommended improvements at 73 rd Avenue are pending further evaluation and consideration by the City of Brooklyn Park as part of the future TH 252 Freeway Conversion Study. 66Avenue th Full Access Interchange 70Avenue Closed, th 73Avenue rd Pedestrian Bridge Full Access Combination w/ Brookdale Drive Rev: February 23, 2016 66Avenue Interchange th 66Avenue Interchange th 66Avenue Interchange th 66Avenue Interchange th 66Avenue Interchange th Next Steps Hold Public Hearing • Recommendation that City Council adopt • the TH 252 Corridor Study as a planning and development guide including the recommended access configuration. Then…Interchange Request, pursuit of • Funding, continued Brooklyn Center involvement and approval, Freeway Conversion Study for TH 252 \[Hennepin County led\], Environmental study, etc… 66Avenue Interchange th 66Avenue Interchange th 66Avenue Interchange th 66Avenue Interchange th 66Avenue Interchange th 66Avenue Interchange th City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 I[I1B1OJ fl V M'A U I MhYA (I) 1I IiJk'A I DATE: March 14, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk JVW-K^ SUBJECT: Type IV 6-Month Provisional Rental License for 2006 Brookview Dr Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 2006 Brookview Dr. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for anew rental license. This is a single family property. This property qualifies for a Type IV Rental License based on fourteen (14) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-17-2015 The Owner, Simply Residential Property Management, applied for an initial rental dwelling license for 2006 Brookview Dr, a single family property. 07-13-2015 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 08-13-2015 A second inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 08-27-2015 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 09-09-2015 Housing Supervisor was notified that the rental property is under rehab and will not be completed for two months. Inspections postponed until further notice. Mission: Ensuring 111 attractive, clean, se/i?, inclusive cantinuinty that enhances the quality of 1J? for all people and preserves the public tins! i1II1IJh'(IJ I U I I k'4 U I Mh74 Li] t1a!I flhJh!A] 09-11-2015 The $200 reinspection fees were paid. 11-10-2015 A fourth inspection was conducted and failed; corrections not completed. A $100 reinspection fee was charged to the property. 11-23-2015 The $100 reinspection fee was paid. 11-24-2015 A fifth inspection was conducted and failed; corrections not completed. A $100 reinspection fee was charged to the property. 12-02-2015 The $100 reinspection fee was paid. 12-09-2015 A sixth inspection was conducted and failed; corrections not completed. A $100 reinspection fee was charged to the property. 12-16-2015 A seventh inspection was conducted and passed; corrections completed. The $100 reinspection fee was paid. 01-05-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-22-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-09-2016 A Mitigation Plan was submitted. 02-22-2016 The Mitigation Plan was finalized. 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 2016. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913, TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for Mission: Ensuring un attractive, clean, safe, inclusive con,nwiZtt,V that enhances the quality of life for al/people and preserves the public (inst i1i1IJES1 IU U N W'A Uh'i I k'A (ii 1Ii1lJ1 a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program, 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or , renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met, License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. Mission: Ensuring an attractive, clean, saf, inclusive community that enhances the quality of lift for all people and preserves the public trust [I1i1$i[iJ I N V V L' U'A I 1kT4 (1) t1I I1lJh'kl The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type I - 3 Year Type II —2 Year 1-2 units 3+ units 1-2 units 3+ units 0-1 0-0.75 - Greater than 1 but not more than 4 Greater than 0.75 but not more than .1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 1-2 units Greater than 8 3+ units Greater than 3 Type III - 1 Year Type IV —6 Months Mission: Ensuring an attractive, clean, saft, inclusive community that enhances the quality 11t3 for all people and preserves the public trust EOI1IJ[iJ I fl N N 3IhYA Ih'A I DVA (I) i1I 1SAI b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an WtructhL', clean, sq/C, inclusive coninwnily 111(11 en/lances the quality of//e for all people and preserves (he public (lust BUTLDINO AND COM1WtJNITY STADDS city *r Renta L i cense MtIation Pkrn CENTER Type VLicen se Hndwrithrn MIt1 Fffirxs will not be .a ccepte d. A flIble form c a n bt fo ij id on the Gitya websito at vrvdw .dLVo f brooklyncen t er.org or call (763) 569333O t o have an ec1rOiiC copysont to you 'via ernlL 4701 HOfitOr [Jr. #$COOwneis AddreL Ceriot1,NC 2109 Local Agent(s): Ron Huck A b uu •Agerif 720 Fi .oi Ave S 01e Addre ss : Edina, MN 5545 Agent' s: Phone 2) &0000 Agent'a Erna infosimptYr$,OOm Pending Exp i ra ti o n Date: JJJc ix meflilis im .rrnI c9iatIY1 - I11301 Ito .Me- ^ooü arook''iew DrProp-a t/ /ldres: Brboltyfl Center, MN E.540 iners Name(s); MNSF 0 /vouiElion LW Owner's Phone: (2) 3-00 owners Email: infosimpJy:rcOm Current Expiration Date . Based on propeity conditions and/or validated police nuisa nce Incidents, the above referenced propety qualifies for Typo IV6 Month Rental License, Nor lo application app royal by the Cily Council a tuily completed Mitigation Plan must be completed and appr ove d by Cij staff. A Mitigation Plan rntist be completed immedi at ely in order to en5Ue timely comp l etion o f license epplicetion process The Mitigation Plan should indicate the steps being taken to correctidentified vi olations and the measures that vfill be taken to ensure ongoing compliance with City Ordinances a nd applicable codes. A Mitigation Plan a1lows the owner and the Cily to review concerns and identify poasible solutions to Improve over a ll conditiorls of the properly. If the Mitiga t ion Pk'rn is not submitted., end all items re not completed within the pending license pedd, or the above property operates beyond the license expiration date, enforoerlient actions such as oi1 LiOn formal compLaint or license revieW may result foru ub ttir flllout Sections A, B and G located 011 Pages 2 3 ,4 and Pi!? • ?3l jveiJ JWT(11 Rev 15 City e B1yn C y—d1dhg ixd umnIy tandd pM.cM 601 gift CteE F',rKwoV Crokiyi I I 1W; 11 I B UILD I NG ,AND COMMUNITY STANBDS CiLy of . I2DF BtkW O BROOKLYN Irk'n Cnti, M N 55430 Rental License Mitiaton PlanCENTER . Type IV License Seatl ons A—Cfiwa Free Hutv5ing Pro gram Roquiiement5 Phase I [] 1) Ute a wtlttert leaso agreement. The lease agrotiment rhn1I include the Crime Free Housing Leos Addandurft A copy of tha tee agreement and Crime Free housing Lease Addend, urn mustbü atthched to the Mitigation Plati when submitted. f .2) Agme to puystiia the termination or I-ease agreernent or eviction of tenants who violate the terms of the Ie or any addendunis 3) Conduct crirnirbBl bick'jround check for all new propLIV enants. ltitl a cLrrrorlt tenant a neW ba kgroimd ohack, is not required-. Must be .hle to provide documrentaiion to City if requested IE 4) At1erd a Cly approved eihthour Crime Free Houlrig Ifaining course, Information for approved OOUI5CS rfl be toun-cJ at wvwmncpanet under the Tr8ififrg .atci EierLc- 1gb. Acepy of the Crime Free Housing Certificate must be attached to the MiIigaton Plan when -submitted. Crime Free Housing training ws c pLated. .0tvis scheduled for; 1715 Owner or sen1 a (tended/is planning to attend training at city O1.___________________ 5) Submit MorthIy Update by the 10' day of each rntih. Phase Ii 1) Complete a Security Assessment and implement improvements iequested by the Brooklyn Center Pofle Deprtnient. To schedule an initial orfOIiow-U Seuri1y Assessment tall (76) 59.3344 A follow-up assessment must hD cOmPleted beloro the license expiration dat e to %roTifV the security improvements have been implemented If a Security Assessment has been predouslytompletad, write the compEeUon dte Security Assment was completed onlis, scheduled for zlSeaunity Assessment fol low-up was completed Oh/is scheduled fan &2. Continua Sections A 1 Phase ill on paqO 3. ?w e 2/i Type e V?,' (Lk'J1sE I1 P,'rn R.v, ty el B rookl" Ganf cr—B uilain gati Cii ui.tty Standawd 5 Ppr1mni 1031)1 5hira1 Cruk rLIN 55410 ,2199 1 Ph1: 7U) 1,61-.rJ I TW; 711 1 Fix: i75 5F J city OfLROOKLYNCENTER Sc±ion A—Crini Fr& 11 BUILDING AND COMMUNITY :STANDARD 2008BrckviWDr ThkIyn CiiOt M 40 Rental Len s e Mtigtiøn Plan Type IV L[cons ousing Program Requirement& (coithied) PIias Ill 1)owneror agont wilt nd at minimum 50% c2) of the kftrA. nieetin. ThaARA- Meetinga rnU5t be completed within the .remal 11C.,onso perjOC1 arid before the pending Type IV LicunsO expration date Regi5trationn is not requked however you must sign-in during the meeting Write to meeting dates en owner or agent plan to Ovirmr tandA.R.M moolings scheduled on:0 2)Have no repeat code violations previously documented with the pal year. The foItown9 oqtfo ms are required for properties with four (4) or mre unith. E 1) Cdct resident 1ri4rig annuatly that tncludes virrio pr inhiOri t&hnique5, 2) Conduct irogularrosidont mootirgs 3/5 Typ.3 IV1 L(1iUM.Thiri, Rev. 05 City Df1r3c1rr CmterBniIding and Ctty 6301 Sr C-O CrI1 CorIer, MN 3 iO I Phcrna: (Th) -° i TrY; 711 I F;-i7 I BUILDING AND COMMTTh1TY STANDARDS fr City of 200 r*iiwDtBROW= Smklyn Cerir, Rental License Mitigation Plan Type IV License $tei —L ong Term 00phal 1mprovmant Plan 0 asd on condition arid age, estimated rep i merit dates need to be provided for common capital iLern. Funding should be cons idared accordirily. Items that are broken worn or otherMI511a in violation prior to the eiimaied replaoemeiit date need to he replaced ooncr. All item must have dale for E0Id,p1emeD Dates such as , 'UnsUrO' "dort know or'whon broken" will net bo acccptecL If you are wisure of when en item will need to be replacedi you caii make a prccliction based on the age, appearance, rondtion or rnenufacturetndus&y recommendaUon. Additional information on Expetted Useful Life can be found at vwwhud•gov, Item Date Last Replaced CoridiUQn Expected R acement Date Exampic: Water Hcaer May 2010 may 2020 Furnace 1111 01Q -IIM a Water Healer Marsh 2010 N Mrth 200 Kitchen Appliances January 2005 3 p January 2025 Laundry Applia Ja nuary 2025 Sn]oko Alarms] March 20113 N Mardi 2020Carbon Monoide Arms Exteilor Items Pairt1Siding ovx)Augtnl 2025 Windows $p1ernb& 18 G F]'5pt0rflher 2134 Roof UnD20O0 _____Juna 2039 Fence siled None Garage 15 F]2053 Dr]viay 2020 Sidewalk ---.-_. Other CondiUz'n Abbrebii Nevi4J 3ciodI3 FairF Norjdi RIacnnLR J' V6 Type V 9r -am' Uiin City ofBra*3dyxt C a n d Commuity Siandmxdm Drpaxl.xnitt 3O1 5iint creek Frvy, Broc';ln Onitr, WN 5420-219 Pho: q0) 3-33 I TT?; 711 1 t31 0I) llXILt)IC AND COMMUNITY STANDARDS City of I06 E'rcc.iw Dr 1BROOKLYN Brac;Iyn Cantor, raj 6500 I Reri{i LIcenSe Miigitki Plr LCENTEfl ..J Typo IV Ucenso Sections CSteps to Improve M9iiag?rflerThfld C.rIdWts ifPmper(y The items in this section have been proven to assist with property management arid property image The following actlonsarD required: [] t) Checkin v.'ith tenants every 30-days, 2)Drive by property to cheek. for possible code vloiation 3)Evict tenants in violation of the ees or ryddendurr 4) Remain current on all uflhityfe lXS 1 EiSSE 1'flCtt5 1 t'5 penal, Li other financial dairn&payrnents due to the City LI ) Other; The following are optional unless required by the City. fl 1) Provide Wfl/5n8W svioe. 2) Provide garbage service fl lnsal se c 6(y system. El 4) Ptovlde r tnternce aniico plan for applFance. Marrie of service company: fl 5) Other: If the Type IV6 Month Rental License is ppro'd by The City Council, the licensee must comply with the approved MI1igei0n Plri 2 Rd aU applicable City Codes A written report must bc sub ited by the W a.y tf e ach month with an update of actions biol`ng taken by the owner andlor agent to oornply with this Mlt]ation Plan. A copy or the Monthly Update can be found on page 7. A fiIlble form ran be found on the Cit5rs website at 11evimc4ofbrooklyncenter.org or call (7 330 to have an electronic copy sent to you Via emsL Please attach additional information if nary. Fa1 Ty' IV Rii( sc &flijnlbr F, Rev. 444i5 Ci*/U t Bb1dy OenL— llbcj awl rt-rt 63D1 'cjle. crest PB't;'/ Bfrjky!I QnIrr, M 5541U2i [ Pt 5-3O riV: fli IF(TF3) i-EQ iI1r11LDjN ND ccmiijrri STANDARDS city of 2UG6BrkvwDr BROOEiTYN at ionter, M Rerita License Miti ga tion PI anCENTER Type IV Lienso Sig n a ndWrtfy I verify that all in1oirntion provided is true arid accurate. I undertwd that if I da iot complywith the pvei MUgatlon Pn, comply with all items within the llce!5e per5od or operate beyond the license expiration date., enforcement acti o ns such as citations, form a l complaints, or icisi review may result. Bli Lehine OwnctôrAor Namie arid Telfe fPisasp PtJ • ____ 0W1jrin I Sgri&re M)TkwI Ow,rQrAPt Name a nd Thi (?fAppbi,. Pease Prrir) AddiiiQnl! Ownor tjr kc& Sn1&t (fApjVibJc) Dalo Ci ty -$(Mf Only Poc ,1ier ^ 10Y!^ P &?5 Cy o fk]y C 1 i1g an d Community giand ard sDepaximant 62IH Sl'ir) c kPiiky, BIl C"i'ir. 014 ElO -2cHI I PI'ri: $Th3)333.J 1 TIN:l I F: [7l5-36O City Council Agenda Item No. iOa #2 i1SJ[.J I MYA IhY I k'A (I) 1I )1SJ!A I DATE: March 14, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5415 Emerson Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5415 Emerson Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This dwner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-17-2016 The Owner, Simply Residential Property Management, applied for an initial rental dwelling license for 5415 Emerson Ave N, a single family property. 07-13-2016 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 08-13-2016 A second inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 08-27-2016 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 09-09-2016 Housing Supervisor was notified by owner that the rental property is under rehab. Inspection postponed until further notice. 11Iiss!on: Ensuring an attractive, clean, safe, inclusive cominunily, that enhances the quality of 1sfe for all people and preserves the public trust IEIlIhY1 I•II 3W4 U B k'J 0] 1I flIh' I 09-11-2015 The $200 in reinspection fees was paid. 11-18-2015 A fourth inspection was conducted; corrections not complete. A $100 reinspection fee was charged to the property. 11-30-2015 The $100 reinspection fee was paid. 12-02-2015 A fifth inspection was conducted; corrections not complete. A $100 reinspection fee was charged to the property. 12-09-2015 The $100 reinspection fee was paid. 12-16-2015 A sixth inspection was conducted; corrections complete and passed. 01-05-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-22-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-09-2016 A Mitigation Plan was submitted. 02-22-2016 The Mitigation Plan was finalized. 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 2016. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES, 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses, 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and Mission: Ensuring an attractive, clean, sale, inclusive coflhiflUtflty that enhances the quality ojliJc Joi (ill people and preserves the public (rust [EO1U[iJ I fl U M4 UhYA I IhYA 0) UI flPA'A I regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. Mission: Ensuring an attractive, clean, safe, inclusive comma idly that enhances the quality oJljfè for all people and preserves the public trust 4. COUNCIL ITEM MEMORANDUM License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only Type 1 - 3 Year 1-2 units 0-1 3+ units 00.75: Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+u nits Greater than 0.75 but not more than 175 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Mission: Ensuring an attractive, clean, saf, inclusive conhinUnhiy that enhances the quality q/liJe /or oil people anti preserves the public trust [EI1IihSJ I RIM MhYA S I k"A (I) 1aI UPJ I Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, Ciewi, safe, inclusive coinnuinhty that enhances the quality of life for all people and preserves the public trust mmrniNG AND CO1MUN1TY STANDARDS City of CENTER ReiitI L1cense MitiIOfl Plan Tya IV License !-ciwrUei tgaii Pla ns will not bq a ccepted,Afilable form can be found on the City's website at VAIM,cityofbrOOk1yflCeflterOrg or call (7e3.) 56-3330 to have an electronic copy sent to you via emaI, 9 -Pro Address:B.Tvuklyrt center, MN Owner's NarnesF: MN3t qucir. tiC - 4701 F-ftdumrire 1J. !3U0Ojier's Address [harlcitI', NO 2209 Owner's Phone: Z Owner'5 Erriall , thfo@sEmpiyre 3 .c 0 m Current pirilofl Date; La[ Agent(s) RcrL Hu;abe( e 7250 FtnMES301Agents Addres.Ediri@JAN554S Agent's Phone: (962) 893-0000 Agent's Email: info@simplyres,com Per4kicj Expiration Dae rr,inIh hini exp1r'1hn) Based on property condifionS anWor vedated pollee ;flUISL9nO? icldcnts, the above referenced property qualifies for a Type lVG Month Rert& License, Prior to epplication pprevsI by the City Council a fully ornpIeted MtigtiOfl Plan must be complete and approved by City saff. A Mitigation Plan must be completed immediately in order to ensure ti m ely completion of the lcenso appiicaLon pmcoss. The Mitlation Flr should indicate the stops being taken to correct identlfled violations and the measures that will be taken toe-rLsure angbizlg compliance with Ctty Ordinances and applicable codes. A Mitia1ion Plan aiivws the owner and the City b review concerns and idenlily possible solutions to imprOvo overall conditions or the property. If the Mitigtlon Plan is not submitted rtd all items are not competed within the pending iioerse jeriod, or the above property operates beyond the License epiraiion date eiforconient aitions auch as cltatin formal complaint, or license review may result 11ofore submiLtlnh fiIkut $clons A B and 0 k,cLed Pages 21 1 0 4, and 5 3 Tyx.' W 1ei& t(crL'1AWOU01?IY1. Riw. City a odyrL Cm —DurLthrg & o wuthlf Dp.riM o:;o1 hinh Ci t rkiy arcuM:#i Crr1ir M 551 3o-21 Phne (7(34 5oaMr3o ITY; 711 I V.:rfl &.3EJ BU1L1J1NC AND COMMUNITY STANDARDS City of iSEmo ronw.NBOOKIYN c.Jii nier, MN FeTItaI License Mit[ation Plan CENTER Type IV License Secttn$ A—Cr me FtG Housiig F,OgT&a qii.!rrnens Fha5e I 1)Usei witten Iae greernrit The ease agreement shall Include the Crimo Free Lease Addoridum A copy of the Waso agrewiert and Crime Frea Housing Lee Addertdtrn must be attchd to the MItiatfon PIn when submitted. 2)A groe to pursue the terrninUQfl or lease agrpernent or evictioi of tenants who violate the terms of the lease or any add dums 3)CridUCt crimnal bsckround check for 211 new prs pche enflL5 Ii it is a current imiert a new background check is not reuired. Must be bte to provide dnoumantation to 7Gity it rsqvosted 4)Attend 2 Cfty epproved eight.-hOUr Crime Free sHousing training course, Info rrna1n far 2pproed courses cr he found at w,w.mncpanet under the rr&n.ng and EvenIs tab A copy of the Crime Free H ous i lig C er tifi ca t e must be attached to the Mitigation Plan when SUbmitted. Crime Free Housing training Was completed orVIS scheduled for: M715 Owner or agent 8ttendad/is pla nlng to attend training at city of: un-i Morihty Update by the iO1 day of esch month. Phase [I [] 1) Ccmplatea Security Asaessmeril arld IFrnplernent icipr0Vemeflt5 requatod by the rooklyn center Police Depa1meit To schedui rt Initial or fol kwJUP Security Assessment, c1l (763 569-344 A foUowuP assesrnent must be COM pleted before the license expiration dt to verify the security improvement shave been implenientci ifs Security Asses ,n'erit has beCrl prviousIy cornpeted, write the ccirnpietiafl date– Secvrt AsseS't was completed scheduled for.2fl216m Serty $eSFft10l10WUP Was .completed onfis schedulS4 .. ContjnU.e. Sections A, Phase 111 ,on pj 3. rV%iraI tkrS Rwi. .141 y of].dyit uilditu(.1 AiIJI Car rnith1ty idrd pamci1. I1 Shiijl Crk P.rkwy, Eic;Iyri r, WN P11c; 753) 55333i I TT. Ill I Fix 733) 59-33EO MING AND COMMUNITY STANDARDS cilyaAF-Emers on Ave N Mitt CENTER Typr IV License Sections A—Cthi1 Frigo 11cusThg Program RquIreints oontnued) Phase Ill i Owcir or agent will atterd i mlninum 50% {2) o the AiM. ineeUtgs Th A.R.M rn&etmnS .mu b rnpeteJ within the retiTl licerisla period and before the, ponding Type IV License expiration data. Reg5trtiOfl not roquired, however you rnus sin-in during the maCli Write two m. eating dates an E)Wner or gont plan to E4ttefld Owner or acjCnt wiil attend A.F.M. rneetin hr dulad en: 2) Have n.o repeat odo vio1ation previou5ly .dcunn ted with tho past year. The folkwirig acjions are roqi.iired for pr'VOrties with four or more units. 14 Conduct rsid ant training a rnt.ily Lhaiirfudoscrime 2) Conduct regular resident moatings. P4& M Ty1? v 1 01 ("D Rti'i. 4-r4-.5 City of Ektn ididin i G.1-1D1 CIih'CiIG crri Pukw ariiIyfl C'.fler. ti'2 Phcc< TTY 711 1 Fi: (?C) iJ -CilJ IVY nTyILDINa AND COMMUNITY ST)qMARD 9 CitycI L(BROOKLYN IBrcoNynCn1erMN Rental License N11tigation F]ar CENTER Type IV License Sections —L o ng Tarfn Cpitt /mpcvcmont Plan Based on condition ond age, estinitad r•epicernor1t dates need to be provided for common item, Funding should be orisIdered accordingly, lteris that are broeri, warn, or otherwise in violation prior to the e9firnmod repacemni date need to be replaced soaner,. All fterris must hvo a date for E maiRepicemer? Dae, ats suctt as nSu&"don't know", or "when brokEt" will not be accepted, If you are unsure of when an item will ned to be replaced, you con maze prediction based on, the age, appearflce 1 condition, or nanufactWetmndUstrY recomniendtlois Additional inforrntIan on Expected Uerul Life can be found at ww,hudov Date Last Repld Condition xpected Replacement Date Exrripie: Water f-1e&er My 2010 P May 2020 Furnace MFC2M5 NF] Water Heater Arch 29119 Ft Msch 2Q35 KFLh Appliances JW1'JaIr20I J]Janu a ry Laundry Appliancp-ra (3 []Jnuar, 2030 Smoke Alarms! March 2015 Mrth 2020Carbon Monoxide Alarms Exterior Rents PainliSldIng AU9UI 00O 0 A1JuSt.2030 Windows $ptth 1934 G H $eplernber20.64 Roof June 2013 (3 F]June 2043 Fence None Shed arae 155__-Fl 205 Driveway _______________(202 Sidewalks Cndflr At, bre via licin;r-4.vN Fa-=F reth ReperrntR Pr 4""Or rypqV FimJ rkmc M .tioi Ftr RevS 4-i4-1 City o f Bxriktyx C id miuiity ndxd DtiI 001 hIl Orcok Pikr, 0rDrk'1 Cer1r. MN 5452 19 I Pt'oro: i7i IM 711 6 Fax(M)SE-9-3360 UflLO1NC 1N1) COMMUNITY STANDARDS44P' City of 54 15 Ermrn AveN kmq BROOgLYN üoldyn CIe Rental LICense Mitigatin PlanCENTERL. TypetV Lice n Setthii a—Sf ps to Improvo man a g e ment and ConthWans d PrQpeFtV The items in vIlist;ectiort have been provo-ri toosgistwith property managonlant and property lnia. ThefoIkwIrjactions are required; EI1 1)Check-in with terLants every O-d'y. 2)DrFva by pToperty to check for poshIe code vtoiations 3)Evict tenants in violation of the lease orariy addendurns. E1 4)Remain cu.ffent on all ulIity fees, te assezsmens I9aos, ena(tios and other fril clirns/pyments due to the City, 5)Qthor: The f9Ncwln9 actlonS are 0 0ra1 UAIOS reqffld by th Ctty E 1) Provide ','Wow E 2) Prvida garbage Inslall security system. J 4) Provide maintenance service plan for appliances Name of srnvice company: fl ) Other: If the Type IV-6 Morth Rental License is approved by the Cit Council, the licensee must comply with the approved MitiUon Plan nd all applicable City Codes. A written report must be submitted by the tth day of eh month with an update of actions botng ta.en by the owner ondtor agent to comply w11h this Mt1UOn if tn. Acopy of the Monthly Updatecar) be rourd on page 7. Afilleble torni cn be found :Ofl the City's websile .t v !w tyofbro.oklyrLcenterQg or call 763) 69-330 to have an einctronic copy sent to you via email. Please atah additional information if necsary. Type W RLirJ P.9, V. 444-i5 Cily f k ',Iy Cn r—ii1dfl and C iuDy 631 18NIgILI OMOY, 2 iy. Brezryi C'rti Pbri. (16]) -3D TTY: 711 I F:: -313O EtHIDINO AND COMMUNLTY STANDARD S Cy of 5415 Eman A'o NflOOXLYN Brrjj'ri MN Rental License MiLEgaten PiLCENThR Type iv License Sign and Verify iuerifythat rill Informsticiri prcivlded is true and 8 ccUrr3te. iundr&tand that [[dU not comply with thie approved f-Aifigation Plan, comply with all itens within the Licn prlad, orperte beyond the Iicnso expiraLiaadEo, enforernentctiori such s itaoris Iorrnal cornplrt or license rciiw may ri?suli, F31kr LrIiin r/ge)' Nvwl orld The prjir) 62e Dhre 4r!iThr OrinHIime Fd Th.t (IfApjirc4. Res Fe Px1n(, AddWanal Owne r or Aga-nr Sign at ure (?fApp?icebre) Iy sort Qn1y V c c Po(C rrri( / thi Cp Ccmr.wthrySidaids Eepirier Typ Y FNml ii çn9 02k3n F''. Rov. 445 City f lyi C te—citItht .ati1 mtu. iy tid Dpartrvunt 6301 ShirKjIL, Cr4; Purkwwj, lorwklyn çrnkr, MN .1O2i9 I [7) TTY: ' 11 1 F -: Th) 5913E City Council Agenda Item No. lOa #3 [II1SJ[iJ I fl U V ak' U I k'A (I) 1I USJ I DATE: March 14, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 41W kx&%( SUBJECT: Type IV 6-Month Provisional Rental License for 7025 Drew Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 7025 Drew Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 11-12-2015 The Owner, Dave Swartout, applied for renewal of the rental dwelling license for 7025 Drew Ave N, a single family dwelling. 12-03-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 01-06-2016 A second rental inspection was conducted and passed. 01-20-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Alission: Ensuring an aItl'uc/ii% clean, sJe, inclusive continuuity that enhances the quality of hft for all people andpres'erues the public trust COUNCIL ITEM MEMORANDUM 01-20-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e, submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-01-2016 A Mitigation Plan vas submitted. 02-09-2016 The Mitigation Plan was finalized. 02-28-2016 The previous rental license expired. 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 2016. If approved, after six months, a new rental license is required. The license process will begin within four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program, 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police IIJ,sswii: E,isruiiig ((ii att!'(,ctn'e, clean. sqP, inclusive conhiflUflity that en/lances the quality a/life tar all people and preserves the public trust [iflJ[iJ I U I I MYA Ih'I I Ik'4 (I) 1WI I1SJk I and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. 13'Iixs!oi,: Ensuring an attractive, clean, safe, inclusive coinlnunhty that enhances the quality of Ifè for all people and preserves the public trust [EI1Sh[iJ I UI I MA U'4 I k'4 (0] t1hI )1$JkAi Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission. Ensuring on attractive, clean, sfe, inclusive community that enhances the quality q/ 11k for all people and preserves the public trust I[i1IJ(IJ I UNI W'4 U'A B k'4 (I) 1I aSihYkI Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 1-2 Greater than 3 34 units Greater than 1 5 or more units Greater than 0.50 License Category No Category Impact Decrease 1 Category Decrease 2 Categories Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Wission: Ensuring an aIt,'active, clean, saf', inclusive corn/flu fl/Il' that enhances the (flu/lily of itfc or a/I people and preserves the public trust %f BRObKLYN CENTER Handwriften Mtfgai BUILDING 1U'D COMMUNITY STA NDARDS Rntl L[Qe flZe Mitigation Plan Ty pa IV Llcti Plans will no t b e R acepted, A tillable form cart be found on the City's website atww.eityobrooklyncenter.O1g or call 763 563330 to have an electronic copy sent to yj via miL Property Addre s s.- 702 15 Drew Av e NEJroo<lyn Cit, MP Owners Name(s): D/4 Switotu Own Li: Address: 172a8 Cerciet Or EI PTslrie, MN 31 Owner's Phôt•e (2) 9s47525 Owner Erna: daveswartoutwaILcom Current Expiraian Date: t&io Agent's Phone: Aert' Ema i l'. ?e nding ExpiratlQn et: j11G It,r'zJru)l irct)' 'l p rop y con d I ft ris andor validated poce nuisance incidents the abcove referenced properly qu&ifie5 for a, Type. IV-6 Month Rrit ticerte Prior to oppli c ation pprovt by the Cily Council ,a fully completed Mitigation Plan must be completed and approved by City staff, A MtI1ibn Plan nu b completed immediately In order to ensure timely .compleion of the license application process. The Mitigation Plan aliould indic1e the Steps b e ing laken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and app1icbie CQdCS A :MiOgalicti Plan allow the oimer and the City to rr'vlei crmceins id.en1ifyposible solulfons to irnproveoveraIloonditionsofthePrcPeliY If the Mitigation Plan is not ubnihid, and all items ate tiat completed within the pending license peri cd, or the above property operates beyond the lcense e>piitiCri date, enfOrmentaUons Si kh as cii1wn l'rmai cernpllnt or license review may result eIor stbrnitting, fJH -out tlons A1 187 and C lectd an pages 2 4, ind S. PL V Typ& V'r' r1 Mall j A k1j)WIng and uniuify si andaills,Dp1i'tirit 631 Slli )^N Creek Pka, Ect&;111 Center, MN i-iu I Ptiin: 17'i iTh 711 1 P; 153) BTJflDTIW AND COMMUNITY STANDARDS k/Of tyof flROOKLYN nMJ Rental License Mffgatloti Man Type IV License ctloris A-Crirne Free IQuingPrrJgI3Jn Requirements Phase I 1) Use a written Ieae agreement The lease agreement shall Include the Grirrie Free 1-busing Adcthdurn. A copy of the j e ijto a rnrt and Crime Free i-toLsrig Lose Mdenth'rn mut be attached to the FifitigaVIDn Plan v14ion submitted. [] 2) Aqrfo to pursue the terrnirlIwi or Vaee agreelileM or eviction ortenant wovo1ote the terms ef fbe leaso. or any addendums yj 3) Coniduot ofrilnal background check for al new prospective tenants. If it is, 8 current tenant a new btkround check is not required, Must be able to provide docrurnenta1in to City if req uestecE 4 Attend a City approved eghi-hour Crime Free Houth training course. lnformattn 1r approved courses a.n be found at ww.rn ncp'anet tindet th Trth'xig ad Eve-n!s tab A copy of the Celma rree HousIng CedifbtniU•I b Mtached to the ftiatn Plan when suhmitted •Crinie Free ia peaOwner or agent aftended1s piannhug to attend training at cIy Sh3kC 5) Submtt1enthI'/ Update by the iO' day of each rimonth. Fhe U fj 1) Complete .a Security As-mont and impienent irnprovem nis requosod by the r•ookIyn Canter Police Departrriertt To tchadule an initial or oliew-up eurlty AasFnent, call (763) 5P594,344, Aio1lowup see ntnristhe competed I the lliise epiration date to verry the securIty' improvements have bcieri ImprnertEd [fe Security AssessmeM has been. proviou sly completed write the completion dates Security A aaament was completed on.lis atheduled for: Security Asseesmen k, foI - p was co n) p I et ed o&is 5 ob e, du1d for: O7 k ciitlniue Sections A Phase III on pa NO V 44 -45 City of Bro)r1y1t Ce —iItrthig and CDmmxW11Y Vandards D piTtrmcnt wov. 6 Lyo It rockly rbOrg : 5hin Cei Pks', .Bro:hfl Crtnr, UN &543-219 1 PIn$ I TTY., 711 lj F (7-531i & BUILDING AND COMMUNITY STANDAEIJAY City [BROCKIiYN 70 bw Ave N CENTER B.2kn tri1r, MW t1 Lcense Mitigtiwi Plan Type IV Lltovso etions ACrirne Free Hwsing Pro urrn Requiremen ts ntinued1 phate UI E1 1) Owner or .aentll attend atmiiniurn SO% {2) of the ARM. mocUns. Th kM. rneeflnp rnvt beu.,ornpleted w1thri the rental Ucenae period and. before the pending Type IV License expiration date. Registotion is not required, hvever you must sign-in du ringthe meet ng, Write two meeting dates an owner or egent pIn to a LInd, Ofer or agent will .ottend. A.R.M, meetings .heduIed 116 aId12'l 2) H.we no repvm code viotions previously documentedwith the past year.uJF Th folt owingitiot. rere quIrod for proportlas with fou#) or Mdra uri i) Conduct residentiianiri anrititl thai inoluUes crime prevention techniques 2) Conduct regular resident meetings. 1c V kik tkiir. M2Pc1 . 4-T4-4 5 tty 'iv 1yTi Cenlfl ntyPtflt 501 5WiTe Creek Pid<vi'j, Brooklyn cefiler, M4 43C-?00 I Ft,ore: s.3:,53-3o TM 711 I fax:f.7N3)5E-9-33Fo 13VUDINO AND COMMW'UTY STANDARDS Jt(OOKLYN Rental L1cons tdigeton Plan j Typ&lVLkans Socti ons —Lor Term Capital !mprbllernentpiaji on condition and ago, Wirnated rep!acementdate need to he providod r common capital itern5. Funding should he consdered accordhIy. Items that are brekn, worn, or otharwIe in ioFaiOn prt to te estimated repiemerit date need to be replaced sooner. All herrt5 must have a date for Esinated RerJavenierD&e. Dato s 8 u as: unsure "don't know", or whri brok will notbo acopted. If you Ufl5UiC or when an Hem wifl need to he replaced, you can make a prediction based on the ago, Hppearance, condition, or rnanuaour&indutry recommendations. Additional infornialion on £peceiJ Useful Lo tan be found at 'w1v.hud.ev. Item Furnace Water Healer Kitchen ?cpp1lance Laundry App[ianocs rneke AFrn Carbon Monoxide Alarm(, Eteret item Patni/Sidiii W ndcivs. Roof Fence Date Last 1epfad July 20 10 0d1 2009 Oi 20C' OU 20 Deriber 21 01 Oct O;t20 fcutiUZ 19 MgLJE 1 CondItion 0 N F G F F Epacted Replacement Date May 2020 Jt/y 202& Oct202$ Ot2o1Y Oct PO1 Denbr 2C'2.3 Oct2011 Oct ?9 Acju;t 2019 0 .ornpIci Water He&er My 2010 shed None Garage Driveway May tcii Sidewalks Msy 1001 Othei CidiLii Abbreviritiam , Ncv=N F Oct 2011 F P May 2019 a GaafrQ Flr=F Nd RepIcernent=R Pop, 46TyJY(.r N1iL Pir, t4 4-445 City -Df1BTQPWVn C tek—uild1ng znd Cc.rm-miy did Dpu1rnI i.1()1 Wn.jla CrE1< 0r4jn Center,)AN U .010-20J I flE,E TTY' 711 I ;(70) 6-35O BUMDING AND COMMTJNJTY STANDARDS CENTER ] Rental Llconso iitgtI on Typ- IVLuwise Sactlons C-Sp to 1rnprov Manag em ent and Cordifkiii of Property Th Rarns in this sec1iün have bn proven to assist with property nianngomiiI and property Irnagm Th fallowing actlons, aro required,! 1)Check-in with tenants ev&y 30-day, 2)Dri"te by propety to thckfr possible cod' violations, YJ 3) Evict jenants in violation of the lease or any addnthini. j 4) Romincurrent on all utiity f€es, ssessme.nt, finu, pen1ties, and other financial claims1payments due to the City. ElI 5 O1her. - TKa foltowirig aaionsarc optional Unass requ.lrad by U-is Ctty, Ellil 1) Prciido I wnnow service. ) Pro'cde gbe Ik'tC J 2) lntIl security system. .4)Provide mia interian ce seM plan for apØris fsrne of service cornpany .5)Other rr the Type lV-6 Mh Rni Ucense is approved by no City Couici1, ho Iioiee must comply Lh the, approved Mitigation arid ll ppIicah1e City Ccf, Awritten ropct muat Le umlttod by tha:10'.''4ay of each month with at update zofctIorie bb.lhq taker by the ownor andfor arfl to cempy with this 1,11,flgatl ollf Plan. A copy of the MnhIy Up4ate can tie found on page 7. A fitlable form can be found iti the Ci1ys website at w.WLOI orhrookIyncenteror or call (7) S9-3330 to have an ortctronic. copy sent to you via omall, Picrase attath ddittotiat rnformation if cesaary. Pogo I'v6,. . . iV eit Lli fei. Piw. -1-14- 1 5 1y 'i C&(r—Biiding 4 conininnify a1ad.ar Dpn 31 5rrjIcre< Priwy, CrikIyi Cw1or, t4 5543C-219 Fhn: 533U I flY. '1 : MULDING AND COMMIMITY STANDARDSty al(BooKrYN HUtCnk rMN Rorital Lic Plan Type IV L[Gensiq Stji and Vo1fy I veriñj that all infa!matfon pro.idui Is true and ccurae, I undernd ha.l if I do not oamply with tho 1pprovEd Miffgation Plan, crnpIy with all KL-rns, within the iicne piod, or oporae beyond th& Icene expirtin date, er1orcemot actions such as ctkn5, formal ornpLinte, or licanse review may roUft, Dd S',,aro1 owô.r r.'rAm! Alan 9j.YJ TiVe Pi'cjz D Pxr. / OvmrorAgr; Svr Da ig Nww and ??e F'i) 1,'oji Q-vrwr r,-A.'it SJQJ ffl?çrr9 Date Cy stalff Qri)y I Pot bEpthJLm 'Wigand ifCoiwySMtd,r Dprvsit •/ (, ¼/i' 1R !aLkt'i P'ar i%w. 44445 and Cornnvmiy Slaftdaidz Dpt1Mertt E3J1 Shing Crtk i ynC.ntr. Ar O-219 Phnr' 1TJ E,653-MO I T-1Y 711 1 rz 76:j -isc City Council Agenda Item No. 10 #4 COUNCIL ITEM MEMORANDUM DATE: March 14, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AW^Vt4wjj^— SUBJECT: Type IV 6-Month Provisional Rental License for 370169 " Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 3701 691h1 Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for renewal of two rental licenses. This is a single family property. The property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically turning in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on September 30, 2015 and one that will expire on March 31, 2016, City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: (License that is being considered and expires on 3/31/2016) 08-19-2015 The owner, Paula Virshek, applied for renewal of the rental dwelling license for 3701 691h Ave N, a single family dwelling. Mission: Ensuring an attractiv e, clean, safe, inclusive comnwnhty that enhances the Ijluh!itj' of life for all people and preserves the public (rust [i1i1OI[iJ I U li *hYA Uh'A I W'A (I) 1IiI I1Sk'kl 09-09-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 09-30-2015 The previous Type IV Rental License expired. 10-16-2015 A meeting was held with Xiong Thao, Community Standards Housing Supervisor; Paula Virshek, Property Owner and Dan Grinsteinner to discuss the rental license status and the administrative citations for operating without a license. 10-12-2015 A second inspection was conducted and failed, corrections not complete. 11-02-2015 A third inspection was conducted and failed, corrections not complete. A $100 reinspection fee was charged to the property. 11-16-2015 A fourth inspection was conducted and failed, corrections not complete. A $100 reinspection fee was charged to the property. 12-01-2015 A fifth inspection was conducted and failed, corrections not complete. A $100 reinspection fee was charged to the property. 12-15-2015 A sixth inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 12-22-2015 A seventh inspection was conducted and failed, corrections not complete. A $100 reinspection fee was charged to the property. 12-24-2015 Renters Warehouse emailed pictures of completed items. 01-14-2016 An eighth inspection was conducted, corrections completed and passed. 01-19-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-19-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-08-2016 The $500 in reinspection fees was paid. 02-09-2016 A Mitigation Plan was submitted. 02-25-2016 The Mitigation Plan was finalized. 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will beheld March 14, 2016. Current Type IV Rental License approval activities: (License that is being considered that expired 9/30/2015) 03-31-2015 The previous Type IV Rental License expired. 04-10-2015 A $300 Administrative Citation was issued for renting without a license. 05-07-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 05-20-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 05-21-2015 A $100 reinspection fee was charged to the property as weather deferred item was not completed. A $600 Administrative Citation was issued for renting without a license. 06-15-2015 The owner, Paula Virshek, applied for renewal of the rental dwelling license for 3701 69th Ave N, a single family dwelling. 06-23-2015 A $100 reinspection fee was charged to the property as weather deferred item was not completed from the previous rental license inspection. ,4Jiss!on: Ensuring an attractive, clean, safe, inclusive comnunuty that enhances the quality OJIiJC for all people and preserves the public trust [1flhJ[IJ I fl U U DIh"4 U I k'A (I) t1I IIIJh'A I 07-14-2015 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 07-20-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 07-22-2015 A $1200 Administrative Citation was issued for renting without a license. 07-27-2015 A Mitigation Plan was submitted. 07-30-2015 The Mitigation Plan was finalized. 08-18-2015 A second rental license inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-01-2015 A third inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was charged to the property. 09-15-2015 A fourth inspection was conducted and failed, corrections not completed. A $100 reinspection fee was charged to the property. A $2000 Administrative Citation was issued for renting without a license. 09-29-2015 A fifth inspection was conducted and failed, corrections not completed. A $100 reinspection fee was charged to the property. 10-12-2015 A sixth inspection was conducted and failed, corrections not complete. 10-16-2015 A meeting was held with Xiong Thao, Community Standards Housing Supervisor; Paula Virshek, Property Owner and Dan Grinsteimier to discuss the rental license status and the administrative citations for operating without a license. 11-02-2015 A seventh inspection was conducted and failed, corrections not complete. 11-16-2015 An eighth inspection was conducted and failed, corrections not complete. 12-01-2015 A ninth inspection was conducted and failed, corrections not complete. 12-15-2015 A tenth inspection was not conducted; no access at time of inspection. 12-22-2015 An eleventh inspection was conducted and failed, corrections not complete. 12-24-2015 The $400 in reinspection fees was paid. 12-24-2015 Renters Warehouse emailed pictures of completed items. 01-14-2016 An twelfth inspection was conducted, corrections completed and passed. 01-19-2016 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 01-19-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-27-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 2016 Previous Type IV Rental License approval activities: 09-30-2014 The previous rental license expired. 11-13-2014 The Owner, Paula Virshek, applied for renewal of the rental dwelling license for 3701 69 k" Ave N, a single family dwelling. 12-09-2014 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria iIission: J'nsiiriig an attractive, clean, safe, inclusive comma ni/V that en/ian ces the quality oft/fe 01 all people and preserves the public trust EI1SJh[iJ I I *kTA S I kA 0] 1tI flhJI 01-15-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-18-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-26-2015 The $100 reinspection fee was paid. 03-09-2015 A fourth inspection was conducted and passed. The $100 reinspection fee was paid. 03-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-23-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-09-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-10-2015 A $300 Administrative Citation was issued for renting without a license. 05-07-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 05-20-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 05-21-2015 A $600 Administrative Citation was issued for renting without a license. 06-15-2015 A Mitigation Plan was submitted. 07-01-2015 The Mitigation Plan was finalized. 07-06-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld July 13, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the JI'Jiss!oii: E,zsnr/izg an attractive, clean, saü', inclusive comlnunh/y that enhances the quality of life for all people and preserves the public trust [i[I1IJ[J I N N Mh'A VA I DkTA (I) 1IhI )lIJh"A I property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. Mission: Ensuring a;: att,actii'e, clean, saf, inclusive conimunhtr that enhances the quali/j' of life for all people anti preserves the public (ins! COUNCIL ITEM MEMORANDUM The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In eases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria 7^1]License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3-I-units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. !vI!ssion. Ensuring an alti'actii'e, clean, sqfe, inclusive community that enhances I/se quality of life for all people and preserves the public heist [I[I1II[iJ • Mh'4 SYA I Mh'4 (I) 7WI WJk' I Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0,25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 3701 69th Ave N iJiss!on: Eiisziriiig (III (ntr(w1i1'e, cIe(ln, safe, inc/as/va comnwnitv that enhances the qanlity of lift be all j)aop/a mu! preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3701 69TH AveN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3701 69' Ave N, is issued a Type IV Rental License with an expiration date of September 30, 2015; and WHEREAS, the property located at 3701 69 t" N, is issued a subsequent Type IV Rental License with an expiration date of March 31, 2016; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 3701 69th Ave N, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 3701 69th Ave N, Brooklyn Center, MN. March 14, 2016 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. tLING M COMMUN1rr STANDARDSU ATIBBRCOOKLY NtyfC! RentallCENTMt Woonse M tigator Pto Typo- IV Llooinse Usvrite MtIg4tJon P/8fl$ wilinot cepted. A fillabLe form cr b found on the Cityvmbslte at A cltyobrokynce r, OT or cal .763) 93330 to have an &eotronio copy seiit toyou via erniJ. 37111NO) Anue NQrth MN 557$ Put Virhk 2U9 76. 8ur Re DrliARre M4 74 Rentr Warehouse 6101 Baker Road # Mnretcnka. MN (O12 247OO PeFc©omtL Eased on prprty oondiins andJor vatIdatd police nuisance md -&MS, the above referencedproperty qualifies for a. Type V4 Month Rental Ucense. Prior to 8POcatlanapproval by the City CounI a fuIy completed Mltiga&on Plan nust be completed and appved by City taff AMitigation Plan most be completed Immediately in Order to erswe trn&y completion of the licenceappilcatron pross The Mltrgt1oi Plan eJuld lridlce±e the steps L'aIig taken to correct Identhiedvioltons and the measures that will be teen to ensure ongoing compllnr w1h City Ordinancesand applicable ods A Mitigtion Plan allows the owner and the City to ravfewoncems andIdentify possible sohAlons to ]mpave overall cordWons or the property, it tiie Mitigation Plan te notsubmitted, and all items are not completed Within the pndfng licene perbd 1 or the above propertyoperatO beyond the license explrallon daW enforcement actlons such at cttatlñ, format complaint,or lIcense review rnffy result. Before submitting, IIIIAOUt $t1oneA, 9 , and 0 1,004104 On pge 4, Pool Va Of BratkIrim d Cotrnl*T stuaftdir Dii1 cri Pwg, Or kJi an1r, MN 5s4o21e I Plu'n: 7) I TTY I1 I F& ( I3UILDIHG_N 1601y lcl Rnt1 License MiilçjatIon Pn Typo IV LIcen S ctlonz ACt!!1 Frc Houftg Frcçjriin Rqwrerncn s Phie I 1) Use a NwitteA lease agreement, The. ease agroement shel include the Crime Ree Housing Lee MdeMurn. A copy of the lease , ogremefl and Ctme free KU1n9 Addendum must he hd to the M1latn Mn when cubrntted [] 2) Agree to pursue the termination or lease qroatnenl orevlcUon of teAarts who vtolato thio tons of the lease or any addendurns j 3) Conduct criminal background check for all new prospective tenants J11, is a current tenant a now background thecl< Is not, required Muste bIe to provide documention to City f requosted 4) Attrwi a City eppoved hthOut Crime Free Housing trning course. Information fo r approved coupaes c*ri be found atww nnepa net under the TrafnIng an.d.eventstab, A py of the .Cdrne FreaHlausling. Orertiflcte must be ettciod to the MItt1on Plan when eubmttted. Crime Free Housing training was coMpleted on/is scheduled tor: 12/2O13 Owner or agent aftorkdacKra planning to aftend training at oily of: [] 5) Submit Monthly Update by the ¶0Th day of aa1i month Phase 1] J 1) Cmpiete a Security Maeemnt anc Implement lmprovement requested by the Erooklyr. Center Poli Tepairient To sclmduloan tt,ltlaL or follow-up Seourity Assessment, call (783) 5-3344 A(tlow up so mthustbe completed bforQ the I lcenso op1rMlon date ito verity the seouedy 4,nprovomiantz have beer irhplemented. If Security Assoasment has been prevously completed vilte the completion date. Security Assessment was completed on/is schodoled for1 JW!_ y Security Assessment follow-up was ornpleted n/l Ieuied or?i) c?2S Continue SoCtIons Aj Phase Ill on P490 3. 2iiY rypa W NOW 41qmwa Moi P1r 4•141 City -1i4h ri4 Cthmy4 ptttetf wmr$fatci 5DI hr Cnk Parkmaye Brc4}yn MN 43O.2iE4 I Phc 7r33 j TY7i Fc JIIID!WO AND COM.MUWITY TArDJmDoil of 11R06i CENTER Ji F?, Type IV Lic.on:se ectIon A—cr/me Free fiJ,g Prnrv ReuJrmr (coiu1nu Phase UI 1) Owner or agent wilt attend at rnir*nvrn 50% of the ARM. etings Th RLmeethi must bo completod withrn tM rerit1 llense porlod and before the peridtry Type IV Lfcnse expJrt1on data- Registration is not requited, however you must sinin during the mietin, Write two meeting d1s art o'i'er or sgent plan to Owner or ag ent wili stnd ARM, meetings sohodulad or: 911 Wndllt1 2 /l5 j 2) Have no repeat code vlolaUons previoIy docimnd Wth the past year. Th fQffQWlfl: tIne ti1j for Pert15 Wt1i four (4) or more wtt. 1 OOfldJCt r nt tmVnIng atrnu&1ythat Fnctuds crime prvntIon i&hiques0 2) CotductreuI& rdeiit nes P8,90 Vv ?U v444i5c4 of RYCOWYA CB fliIdt d COMMMfty 81 D1the301 hlrt Cry nC'itr 43D-21 I PhOr: e243o F TT;91 1 F VIUNG Y14D COMAIMTY STANDAMV Cft ofiiW flROOR1YN 137 thA rVi CENTER Rontal Lte Mfflttcn Plan Type IV Lcns- ....--.. ..,_._..r.'_ Sectlon S—Lone Thrn Cap/t1lrnprQvement Plan Based on wridWon and age, estimated rpl.enient dates need to be provided for common cpitai items Fund Ing shuf be consIdered rdiy, that are broken, worn, or other'.vie in voition pifor to the estimated replacement dato need to be ead sooner. All Items muBt have de for sfimated RepIarnent Date. Dates such 'unure" dont iiow' or when broken wM not bo accepted. If you are un s ure of when en Rem wiU need to be ieptaed, you can make a prediction beed On the age, eppearnc, condition, or manufacturetIndustry recomrnerid.tions. Mditiial informatlon on Expected UefuI Life can be found twvwhudgov, iem Date Lost Re-ptc4d Example, Water Heetr May 201O Wor Heater 2Q1- Ktcheni Appli"oes 215 Lundiy Appliances .rnoe Alers/ Carbon Monoxide N.rma 2016 ... -- r item s PakitlSlding OrinI Windows fthal - Roof'-- _- Pence -pured Shed Not Ap plicabl e original Driveway çrlInI dewi Not APPflb1e Other --.---. -- - CUOr1 Abbiovi NowN Cirttti4n xpected Replacement Date • :. N D.202 N Deooiibcr 2025 N Dmb20Z - m2020 December 2O2 F ecember20W -. ci mb2OW Not APPIlable ci mbr2O5 - P mbrc2O Nc4 ApplloabI Fr=F Ned City ofBx*thiy Co&h rt ttfty 51wWayde Dxtit -wItr O1 thinDle Creek Prwy arkii Orier N Z64240-2199 I Phr 3) -333O 1 M:711 1 F 73) ,BUILDING AND COMMUNflY STANDARDS :3701 MhAyanus North - CENTER r.S Rental Liconso Mt1gat10 Pran Typo Iv Liconso 5etk,ri C—Steps t p ro "e"ne nd CodItIois ifPropeiy I The items. In this seolfon have been proven to asslat with property mai1aernen( and pfoperty lrne The following act[ans are .requIred J 1) Check-in With tenants e'ey 3D-days. E: 2) Drve by propty to chock for pble code ylIi. [ 3) Evid tenants In ii1ticn of the leas or any aldendums., 4) Remain current on oil utility fees,. tXes, 3S e-SrnertL tiree Penalties, and olher,financial ctaftsipayinenta due to• the cty, ) Other; The faJiowlri ct[one are Optictt& Lml requTred by the CJtyfli prcvie I tencw -servIc8. D 2) Provide garbage service. j 3) Install security system, :0 4) Provide maintenance servlc plan for applisnoss, Name of servJc*:wmpany. ) Other: If the Type IV-8 Month Rental License fs approved by the City Coundil, the lcerooetwMoniply with the approved Mlt]gotlon Plan and all applIcable City Codes A wrItten roport must kubmftted by the -i -f day Of 000h month With an update Of actions beIng taken by the owner aridIOI ant to comply with thla Mitigation Plan. A copy of the Monthly Update en be found on page 7. Atl1abIe-form can be found on the (763) 59.3330 to have an eleotronie copy Sam to you via emaiL Please atfth additional 1n1drmatlo.n ifeceecai The Fi R4-1* city 1oô-k1y C th—tXdIx 4e3ot hIOck Frkway, O< IICr1 MN -21 I Ftioro: )•-3 I trY: 711 (7) -e.a BUILDING AM COMMUNITY STANDARDS RX O9thAvt3nw'NO-dh F-] kootol Liconso verify that all Info.mmVon provided Is true and atra indertarid that if I do not comply with the approved Mitiaior v Plan, wmply Wth .iJ hems within the licerist period, or opeaa beyond the lien piratioi nforenent actions such as—citations, formal rrpFalits, or lrse re'ew may reaull- OWW'OtApent, Nam fld Th' (P2a P7J Paula Vwshek OLwt orArit Jacob Koch OM"10P O r4vht NOMO and Th, 7127/2015 cwr hiJi Date City $ff Oiiy DS F& eppfmriiQ Date Vr •1 rnvJty Staodords Dep.]frit jDate City of Bro6ayn Cantor—Building *i4 Ownm urffly I Pn7 5O I City f .NTJ:EurnDINcJ COMMTJNITYThNDARDS) BROOKLYN Rental License Mitgaton PrCENTER Typo IV Lerise Handwritten Mft!gt!i Pins will not be A fi]lebie brni can be found cm the Citys websIte at or call 73) 330 to have arl electronic copy sent to you via email, Pcerty Address: 701 601h Avenue Norlh3rTxkiyn Criter, MN 55422 Owners Na rne(s): Qwnsr Address: 25075 Boulder Ridge Nye grMN 55V4 Onrs Phone, Owner's Email; pvrshiloorn Current Expiration Date.,qJi/ jj ç - Locel Agents): Jacob Koch Agent's- Address: 810 akr Rd ?2.00tAinnetonka, MN5S315 j¼enrs Phone: 2224-997 Alt Email; bbrice@conterswarehuse;corn. , )Pending Expiration Date.' 5ImniIi / Based on property conditions and/or validated police nuisance 60idents, the above referenced propertyqui'fes for a Type IV Month Rental Lconse. Prior to application approval by the City Council a fully completed MtIgation Plan must be completed and approved by City staff A Mitigation P'an must be completed immediately in order to ens ure timely comleticn of the license application çiroces, The Mitigation Pln eFiould indate the steps bei nj taken to correct irJrnTtltied violalions and the measures Iliat will be tkCri to ensure ongoing compliance with City Ordinances and applicabte codes. A Mitigation Plan allows the owner and the City to review 000cern and identify possible solulions to improve overall conditions of the property, if the Mitigation Plan is riot submitted, and all items are not completed within the pending license period, or the above property opeeie5 beyond the license expiration date, enforcerriant actions such as citation, ieaI complaint, or llcenze review may resu IL eforc submittIng, fill-out Sections A, B and C located on paes 2 343 arid 5. P49. iJ r;Jvimi Miit(oti Pin, Rev. 4145 City of [yt c —Eui1c1inrtt 4d Deparnet 01 ShIieCrP I Pho 7i3)5l5-a3D I TTY;71 F ()ssie City of BUILDING AND COMMUNITY STANDARDS BRLN Rental Liconse. Mitigation PlanCENTERType IV License SctIon A—Crime F ree Rousing Program Peqiremrth Phe 121 1 Use a written lee agreement. The lease agreement shafl include the Crime Free Housing LeaeAddendm. A o*py of the iee agreement atd Crime Free :Housing Lease Addendum must be attached to the MItr9atIon Plan when su4mitted. f 2) Agree toL pursue the termination or lease agreement or eViCibn of teriante wh vIite the terms of the lease or any adeiduns. 3) Coidi i crim inbl'aclgr.ound chook for all riew prospectivetenants. If it is ectuient tenatfl a new bak round cheek is not requimd. Must be breto provide dimentation to City if requested,, J 4) Attend a City approved t-hu r Crime Free Housing training cou r, Informationfor approved course oen be found at vNiw.FnnQpenet under the Training and Events tah, A copy ofthe Crime Free Housing Certificate must be attached to the Mitition Plan when submitted. Crime Free Housing training was completed oniis scheduled for 11111120 1.5 Owner or agent atteridedlis pta nning to aeid training at city af ] .) Submit Monthly Update by the 10th day of each monh Phase JI Complete a Secu rityAssessmentand irnp lernent irri provernen ts requested by the Brooklyn Center Police Department. To schedule an iniisl or follow-up Sec-wily Assessment, call (73) 63344. A followup assossmant must be ompletd before the Rcense expiration date to verify the s ect,ulty Iniprovenients have been rnperntd. If a Security Assesemett has been previously oornpleted, write the compleion date, Security Assessment was completed onfis for: Security AssemMent. follow-up we ompIetetis Continue Sections A, Phase 11.1 on pa.e 3 . V!& Lkeris r{iffg 'n P)<,r, Rev. 4-1 it- T 5 City troc1dyn Cpnlor—Dufldiftg and Comrnunftr daMs Dr-trurvt 3i(ii eing1c I PI)Ce -33C I TTY.71i 1 l3tflLtllNQ AND COMMUNITY STANDARDSCilyc!BROO1L?NCENTER RarUt L igation Planinse ti Typo IVLicense Sections A—Crlmo Free. Hosiig Prorrn Requirrnens (mueJ Phase III [] 1) Owneror agent will •aiird athlihirnum 50%(2) otthAR,M, r11eetins, iheARJiIL maefings must be completed within th rmtat 46ense period and f the pending Type IV LIcense expiration tht?. Registration is not required, .ho'veryu roust sln duri ng the rneetin. Write two meeting dates an owner or age nt plan t Owner aten or agent will attend A.R,M meetings shedu1ed 2 Have no repeat code voIations previously d ou merited with the past year. The following actlorisae required for properties with fakir (4) or rnore units. LI i Conduct reskientfraining annually that includes crime prevention teohnktues, 2) Conduct i-eular resident meetings, PJ Typ Viii Li so M40 W? F9, Ii. 4-144 C11 -y OfBokIyR t•e—iUd nd CQMMUr1ftySURC1aYd8 Demrnt Dt hjrki Crs Park, fl(Ojk Crilr, MN 4Q-1EJ Pior: (75 5E3-33O I TTY: 711 I Fax:(MjT.8MYO __DING AND COMMUNITY STANDAR1) RN16N Rental LiconeMtin Fla nCENTERType IV Liceniso Sections B-Long Thmi C.epfl! trnpr4wment Plan Based on condition and afle, estimated repIcement dates need to be provided for 00mmon capital items. Fund fig should be con&derd acwrdingly, Items that aro brokeii, Worn or otherwise in violatfort prior to the astinated repIernent date need to he replaced sooner, All ifrjrri nW have a date for Est i(ed Repceme.n1DIo. Daths such unsur&' rdoVt know or whon hren' will not be accepted If are iflure of when an item will need to be replaced, you cars make e pcedk.tion based on the age, appearance, cond1tior, or tnenuaturerindustry recommendations. Add1ionat lriftrraiin on Expected Useful Life can be fcnmd Lit 'vA/JiudgoV Item Date Last Replaced Examp/e: [Ma far Haaler May 2010 Fu mace - Waler Heater Kitchen Applianus 2015 Lau ndry Appliances 2015 Smoke Alarms/ Carbon Monoxide Alarms rltem Parit/Siding OriginI Wind aws Crglnal Roof 2005 Fence Men Purchased Shed Not Applicable Garage Driveway OriginI Sidewa'ks NOt Apph icb1 Other: Condition* xieted Replacement t3at F May 2020 G Decoithr2D1 N Decernbur 2025 N December 2025 N bcambEr 2025 N DUconibEr 2020 G Docembt 2025 F December 2025 G Docombr 2025 Ormorriber 2025 Not Appic.ablü C Dcembr 2025 F Docornbr 2025 December 2020 Caridit'n Abbrvl?U3n: N'N GoodG Fir--i Needs Rernon=R r,P'i 4-14-5 Ciiy of Brooklyn G&ntar—ftildhigand Cortirnuitlty tiandards Dpu1nint 001 9 h1rd'3 Crs< Pa r k wa y, Ur fg*ly n Cu nr MN b 6433 0-1 V0 I Pite: (70) 82-l330 1 liv: 711 1 F: (703) -300 EL1MNG AND COMUNUSTANDA1]J$ City of 4 BROOKLYN Rental Lcone MitaLkin Plan Type IV License Sections C—$teps to Irnprnvo Mingement.nd Conthtis t.fPperty The items in this section have been proven to assist with property manaomeit and. properly image,- The following acikns are required: [J 1)Check-in with tenarts every 30-ciays. [7]2)Drive by property to check, for possible code violations, 3 Evict tenants in violation of the lea or any addendurns, EIi 4)R emain urrenton iall utifltyfeos, tae, assessments, fines, palties, and other finandal blairnstpaymenis du to the City. Li ) The 1o1lowin actions re optional unless rqulrd by the City U 1)Provide Iawnisnow J 2)Provide qarbage ser -viee. 3)Install sectifity system. 4 Provdo niaintence senelce plan for appIarcs rarne of service company: J 5) Other If the Type IV fvlonth Rental License Is approved by the City Council, the licenseo mLJI corip1y with the approved Mitigation Plan and all appflcable City Codes. A written report must b ubmJtted by the 10th clay of month with an update oFs being taken hythe owner andior agent to comply WIUi this Mitigation Plan A copy of the Monthly Update can be found on pop 7. A fiilable form can be found on the Citys websito at wwi,cityofbrookiyncoriter.or or call.1 763) 9330 to have an electrortic copy sent to you via em all Please attach additional in!ornMkri if nec ssary TP419131 p IVRit Ur I hjvkrn' P&'i Rev. 4-i4-15 Cityuf1lyn Centex—dirtn Crnrnunhy wdThnr €3111 Sitiriqlp Crock Pa kg3 y, Br.oyi Cectr, MN 5543kY2100 I 'Ii7s33 I TTY: 711 1 Fs t 7 3) -30 3ULDING AND COMMUNITY STANDARDSTlity of -.BROOIMYN CENTER ] Rental LIcn itijatiori Plan - Type IV License Sign and Verify I verify that all inkirrition irovdad is true and accurate, I utdrtard that if I do not e0rrip1y with the iprovd Mtjattn Pian, comply with 11 items wft1* the Ucana pThd, or cperte beyond the- license expiration date, enforcarmat alci.ioms wth w3 citatioiis, fifilnal comp&nt or license ra'i2w nie1y rewlt- Paula Virshk CtnrorAi and D1O (Reimo PriiJ Ovior 4g'i Jcb Koch Awririr OWncJf or Age Name and Thi FYcbi PII 4ddJ[rw rtAnr ur (fJbfe) y .1fT cri& ( z1 Pk Opirfrneii / 4 $Ti41 Pi - Typo W NOW me ycrE City ofBrrntIyi C i—u1n nd commurdly tarr in1corg GUi SIiIraI Gr1, P l,one, I TTY; 111 J F.Ei (763) 5 NKM City Council Agenda Item No. lOa #5 COUNCIL ITEM MEMORANDUM DATE: March 14, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5444 Dupont Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5444 Dupont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on May 27, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program, City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. !'Iissioi,: Etsiiring alt (l(tl'(ICEiVL', clean, safe, inclusive community I/rat eli/I (1JICCS the quality ofljfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 07-31-2015 The previous Type IV Rental License expired. 08-03-2015 The owner, Willie Lee Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 08-27-2015 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 09-04-2015 A $600 Administrative Citation was issued for renting without a license. 09-27-2015 A second inspection was conducted and passed. 10-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-01-2016 A $125 Administrative Citation was issued for submitting a Mitigation plan. 02-08-2016 A $1200 Administrative Citation was issued for renting without a license. 02-12-2016 A Mitigation Plan was submitted. 02-22-2016 The Mitigation Plan was finalized: 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 2016. Previous Type IV Rental License approval activities (Valid 02/01/2015 to 07/31/2015): 03-05-2015 The owner, Willie Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 03-30-2015 An initial rental license inspection was conducted. One property code violation was cited, see attached rental criteria. 04-28-2015 A second inspection was conducted and passed. 05-06-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-06-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-01-2015 A Mitigation Plan was submitted. 05-15-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015 Prior Type IV Rental License approval activities (Valid 08/01/2014 to 01/31/2015): 09-11-2014 The owner, Willie Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 10-02-2014 An initial rental license inspection was conducted. Twenty four property code violations were cited, see attached rental criteria. 11-14-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, saf, inclusive conlinusuty that en/lances the quality of IsJ for all people and preserves the public (isis! iTh[SJ I U I I k'A I I 14(0] 1I WJ'J I 12-17-2014 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property 01-21-2015 A $300 Administrative Citation was issued for renting without a license based on the 07/31/2014. 01-31-2015 The previous Type IV Rental License expired. 02-03-2015 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-17-2015 A fifth inspection was conducted and failed. 03-05-2015 The $300 in reinspection fees was paid. 03-18-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-23-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.. 04-09-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e, submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-01-2015 A Mitigation Plan was submitted. 05-15-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015 Prior Type IV Rental License approval activities: 05-17-2013 The Owner, Willie Young, applied for an initial rental dwelling license for 5444 Dupont Ave N, a single-family residential property. 06-10-2013 An initial rental inspection was conducted. (14 property code violations were cited, see attached rental criteria) 08-15-2013 A follow up inspection was conducted and failed. 11-04-2013 A follow-up inspection was conducted and passed. 11-06-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-18-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-17-2013 A $125 Administrative Citation was issued for not submitting a mitigation plan. 12-30-2013 The property was posted as unlicensed. 01-09-2014 A Mitigation Plan was submitted. 01-17-2014 The Mitigation Plan was finalized. i1f1SSiO1J. Ensuring 1111 (t(t1(lCtii'e, clean, safe, inclusive com;nuIUt.V that enhances the quality aJlite /r all people and preserves the public liast S1i1IJ[iJ SR *"4 Uh!A I k"A (I) 1I IllIh'J I 01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held January 27, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. !s4iss!on: Ensuring an (ltt,((cti1'e, clean, saf, inclusive COmJflUflhtV that enhances the quality oJ1fe for all people and preserves the public trust iI1lI(J I U V DL4 Uh'A I k'A (I) 1#I )llIh'A I Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. iWission: Ensuring an alIractii'e, clean, sqf, inclusive caininhiluty that enhances the qUaIIIJ' ()jlfe for all people and preserves the public trust COUNCIL ITEM MEMORANDUM o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1. 5 but not more than 3 Type IV - 6 Months -2 units Greater than 8 units LGreater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive comniuflitv that enhances the quality of lift for all people and preserves the public trust iflJ[.I In V k'A U'I I DI (I] 1iI US1Y1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5444 Dupont Ave N 3'Jicsioii: Ensuring an attractive, dean, safè, inclusive comnuanty that enhances the quality qf lift for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5444 DUPONT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and • WHEREAS, the property located at 5444 Dupont Ave N, was issued a Type IV Rental License on May 27, 2015; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5444 Dupont Ave N, Brooklyn Center, MN. March 14, 2016 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. hUUimNG AND COMMUNITY STANDAD$w City- of Rental License Mitigation Plan Type IV License Handwrittoo MWgioii Plans will .not be accepted A fiIibe form can be found on the CIty wabite at wv.cityofbro&ryncanter.orQ or ca (763) 5 69 -333CI to have an electronic copy sent to you via oral. Property Address: . 5444 Dupont AveN BtI'n C ,erLe I1N 5.43 Owner Nme(s) W'mid Yount Owner Adthess: 405 Edit"I)WOR TEUNCe N.Brooklyn Park, MN 5544 Lcial Agn(): ier W1'u Agem's Address: üii Baker Road Mnriatccika, :P1N 554 Oner' Phone (12) 21-34 Agent's Phone (612) 329-379,9 Owmer Emzil v1itUieyoungl @msrl corn Agent's BnaiI -xpatiCurrent Expiratrnn Date J 7JJ Pending Elror Date 2 - / Based or property onditionsand/or vlidrd police n iane incidents, the above referenced property q uaiifle for Type 1V$ Month Renil L1sne Norio application apprnval by the City Council a fully completed MRlgation Plan must he completed and approved by City staff, A Mitigation Plan must be completed immediately in order to ensure timely completion of the lIcense application process. The Mitigation Plan should indicate the steps being talen to correct identified violations and the rnasurs that wil be taken to ensure ongoing Cot -nPliat'06 with City Ordinances and applicable codes. A Mitigation Plan.allows the owner and the City to review concerns and identify possible solutions to improve overall condition of the property, If the Mitigation Plan is iot submitted, and all items a rot not completed within the pending license period Or the above property operates beyond the cse expiration dae, iroroernert actions si,icii as citation, formal complaint, Or license review may, r51itt fore brnitthig fill-.out Sections A D, andC lctd n 114 1 90S Z3$ an", 1j? Type RnraE bmr*e Mgatior A'on &v oily t Ceht —'u"Ildffig and Crnmurthy 6301 Shingle Creek Parkway, BrooIynCntr Nr'1 -545 *04160 1 Phono; {78) 43O I TTY; 711 I F'x; (7S) 5'3Q Ci BtJItLDrNG AND COMMUNITY TANOA1W SV yof y'CENTERlan kOLn1MN 13D6 ] Rental Llene Mitigation Plan Type IV License Sections A—Crim Free Hots1nq Program Reqtjirements Phase I [j] 1 Use a written Ieae. greeriierit. The Ieee eg sernenl shall include the Crime Free- Housing Lease Addendum. A copy of the lease agreement and CrItie Free Housing Lease Addndurn must be attactipd to the Mitladon Plan when subrnItted J[ 2) Agree to pursue th.& termination or [ease areernent or eviction of tenants Wizo violate the terms ofthe lease or any addlenclums. 3) Conduct criminal,background check for all new prospective tenans, If it Is a current tenant a new background check is not required. Must be able to ptovide documentation to City if requested, J 4) Attend a City approved lhthour Crime Free Housing training cot'rse Information for approved crses ar be tound at wwwmicpaxet under the Trankg and Evens tab. A copy of the Crime Prea Hus1iig Certificate must be attached to the Mitigation Plan when submittod. Crime Free Housing training was completed on/Is-scheduled for: 12C110 Owner otagent attended/is planning to attend training at city of: 5) Submit Monthlly iup4ale by the gIh day of each month - Phase II 1) Complete a security Assessment end implement improvements requested by the Brooklyn Center Police Depertment To Ohedule an initial or follow-op Security Assesrnerit call (763) 56344 A follow-up assesstnent must be completed befere the license axpiralk?n date to verily the security improvements have been impFmented If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed on/Is scheduled for: Security Assessment follow-up was completed on?is scheduled for: Continue Sections A Phase llh n page 3. I49? 2 ryP9 N Thii Miçnkiri Pkn Rov, 44 4-M lty roIiyn Ce x—ThiII[iig and Cornxrturdty Dartnt C201 ShiflT Crc$c Pthy, Srki c nIeMN 554301E' ( Phru; t7 -5330 I TTY 711 1 F (7E) 5E-3 BUILDING AND COMMUNITY STANDARDScityor 3( BrDakip Center, UNR1YN 144OtcpntAve N 54 Lrse Mitigation PlanCENTER Typo IV Lkis SetEn A—Crime Free •Uousi Pro-g ram Rquirerrens ?cntirnxed) Phase HI j 1) Owner orhtwill attend at minimum. 50 11r. 2) of theARM. rnee1Ings The AR.M. fltings must b* côrnpJtd within the rental license period and before th pending Type IV LLene expiration date, Registration ir not raquird, ev:r yu must sign-in during (be me1ing, Write two meeting dates an owner or agent pIn to attend, Owner or inwil aLtnd A.RM. neettng scheduled on: ItYrtd ,1 2 Have no repeat code violations prvlousy documented with the pest Ka.v The following cttons are required for properlies with fou ri4'or more unfts 0 1) Conduct rnt trak'iin ntuIlyth8t incJudes crime prevention techniques. 2 Conduct regular rednLmeings Pa ai . TypVRL$&1r9 , .Rw. 4-44 City cif o1dy Cen±r-iti1th9 pItext '3 I ShnI Pky, iJyi 4. 4I j Pknir 76.3 564J33O 1 M'.'7111 l 1ic(763) U-OO 0 F G- F G 2017 2020 2032 2030 2032 FeseoI 201C BUILDING AND COMMUNITY STANDARDS XC tyr Bro o kl yn 55430 Rental Lictn Miigation PlanENTERType IV Llense Stn ong Term C apftaf Improvement Pl a n Based on condition and .a g e, esti mated replacement dates n to be prov ided fo r common c a p it al items Funding should ho ctnidered accord[ rijly, Iterris th a t a re broken worn or otherMse in voltion prior to the e s tim a ted re.plemerit date need to be replaced sooner. All items must have a date for Esthted Repla comorit Dale, Dates such a "unsure ","don 't know or "when br ok en" will not be arcepted. If you ate unue of Men an i tern Will need to be replaced, you can make a prediction ba s ed on the age, ap pe a ra twe. condition or mnufadure/industry reoc ortim end ations. Md itonal information on expected Useful Life can be found at v.?hrx.h ucLgov, Iteru Date Last Rpia cad xmp!: W1er Heater My 20W Furnace OctbBr201 Water Heater Swiirnr20U8 Kitchen Appliances rid 0 Lu rdry Appli a nves Summar 2006 Smoke AlmsI Carbon Monoxide Ala rms SummBr2D 12 E xterior Itam PalintISiding Trift, Windows Roof Spring 2012 Fence Shed ODorS 2015 Garage Rut412 Dr 1 12 Driveway Sidewa lks Other ________ Coditos? Expected Repl a cement Date F May 2020 Olaber202 G 9 urfirnor 2025 0 -R i^n go 2020 2OI CondriIon Provit1icin1: FlrF Nd ReplBemrrtR 4i IV Now bimi lsa liffopemr.) Prj. J?L 44415 Cify U IrQ4kiyfl nt iii]4lzi id Cnrniity Sta nd a rds Dapartm8nl 6301 Shitl& Crk Prkiay, rxihlri Cnicr , MN 55420.2100 1 F'r: (763) 3-:330 I flY: 7 ,11 1 Fax: (73)56i-325lJ C!. BUILDING AND COMMUNITY STANDARDScity of 1 Rental License MtigaL]o PlanCENTER Type IV License Sections c—Stpa - toirnprce Management and CodItks 4fProperty , The items in this section have been proven to asls{ with property ritanaernent and property irrige. The llowing actfcns are rquir*d 1.) Cheok-iry with tenants every 30W-days, J 2) Drive. by property to hk for possible code violtIo, 3)Evict tenants in vlotation dthe lease or any addend uMs. 4)Remain current on all ujilitytea txxes, as,es-anierta, tines, penalties, and other financial iriiTpayments due to the City fl Other; The following actiolls are 00101121 OftlesS required by the City. i) Provide lawnisnawservioe. J 2 Provide garbage service. E1 3) tnstll security system. ) Provide maintenance service plan for ppiiances. Name Plus [I] 5) Other: If The Type I1J-.6 Month feiit& License Is approved by the City Council thet licensee must comply with the ElpprWed Mititian Plan and all applicable, City Codes. A wrlLtn report must be sLlbfltted by the j0th y of each month with an update of tons being taken by the owner andtor agent to comply with this Mitigation PJam A copy of the Monthly Update can be found on page 7 A fihiable form can be fwd on the City's website at vwityobrookIyncenteror or tall (763) 569330 to have an electronic copy sent to you via email. Please attach additional In formation if necessary. PAO e 556 Tjp 11/ ftn tzi? Lfceji m MMic..i Plan, RE Y. 44.5 Cy of Brooklyn Ctr uiILn n4 Crnunty i i3ads Deprxnnt 630 ShinIo Croak iailwy, Sodhljtl Oeritr 1 MN 43-2109 1 Piote: (7E.) 56S ,3MO 1 lW 711 1 F Q33-5EJJ TTSRC 1t11LDING 1Nfl COMMUNITY STDZRD BRO&I'MYN 644 MTER [i'G ynC'nirMN License Mitigation Pt_________________________ TypVLi Sign and Verity \rerifytha II illformBtion provided is Irve fld eocurite. I underst a nd that if do not coriiply with the app rQvd Mitig&1on Plan , oomply with 911 items within t he Hoene period, or opete beyond the rierse expiration date , enforcement actions au as ciaons formal complaints, or ken review my re s u l t'. Jacob Koh Renters Warehou s e Omier end T01p, fNegse Pn'riJ O,r Agen Sgr.eIw AMON'io iliot Ormarn r Agew Ma mend Thfr (?a'e, Fee Prk!!) Add kji& Owr orAerr $nur 1fe Dale City Staff Oy /k pulAne DpMir /7 4V2 ;; GmrnunJly S andards 'epr?i 2AZF/^ 0 -4- - ' el, _. --- DWO &ep E6 TYP OI Tie1Ii Pl'jrj, Rev, 444-1 Ci ty of JSmd1dyti Cipmfo r—R uIldixtyajid community Standards Dep atirn ant 1 ShIrt Cie P$rky erc.k.i Cntr, WP 553D-2.1 I Phona: (7 56-323O I TTY-,7'11 I Fa 33O City Council Agenda Item No. lOa #6 Ii1SJ[iJ I N N N Mh'A IhYA I k'A (I] UI )1SJk' I DATE: March 14, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6400 Noble Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6400 Noble Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on May 12, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3,c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality ojlEf for all people and preserves the public trust ES1Ii[iJ I fl I 1k'4 L'A I M"4 [I) 11I )1IJYi I Current rental license approval activities: 10-06-2015 The owner, ZamZam Gesaade, applied for renewal of the rental dwelling license for 6400 Noble Ave N, a single family dwelling. 11-03-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 12-08-2015 A second inspection was conducted and passed. 12-31-2015 The previous Type IV Rental License expired. 01-05-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-08-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 01-22-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-03-2016 A Mitigation Plan was submitted. 02-09-2016 The Mitigation Plan was finalized. 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March, 14, 2016. Previous Type IV Rental License approval activities: 03-12-2015 The owner, ZamZam Gesaade, applied for renewal of the rental dwelling license for 6400 Noble Ave N, a single family dwelling. 03-17-2015 An initial rental license inspection was conducted. Twenty property code violations were cited, see attached rental criteria. 03-25-2015 A second inspection was conducted and passed. 04-08-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-08-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-27-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-28-2015 A Mitigation Plan was submitted, 05-01-2015 The Mitigation Plan was finalized. 05-04-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 11, 2015. Prior Type IV Rental License approval activities: Mission: Ensuring an attractive, clean, safe, inclusive conzniunit that enhances the qiuxlltj' Qflfe for all people and preserves the public (lust III1SJ[.J i V DhYA U'A I M'4 (I) WI flIJhkI 04-08-2014 The Owner, ZamZam Gesaade, applied for an initial rental dwelling license for 6400 Noble Ave N, a single-family residential property. 04-17-2014 An initial rental inspection was scheduled. Access for the inspection was denied due to rehabilitation of the unit. 07-03-2014 A second inspection was conducted and failed. 15 property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 07-22-2014 The $100 reinspection fee was paid. 08-04-2014 A third inspection was conducted and passed. 08-20-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-19-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-07-2014 A Mitigation Plan was submitted. 11-24-2014 The Mitigation Plan was finalized. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held December 8, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in .Pviiss!oii: Ensuring all ntI,'acth'e, clean, saje, inclusive comiuhiiflIv (11(11 enhances the (Jll(lhii)' aJ'Ijft' for all people (mdpreserves the public (Inst EO1lJJ I U V k'4 L'A I Dik4 0) tUI IJJA'A I tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. Mission: Ensuriiig 1111 attractive, Chtifl, safe, inclusive conlnwwty that enhances the quality (flUe for al/people and preserves the public/lust [i1i1SIIJ lUll k'4 S'A I kA (I) 1I WJ'A I 4. License Category Criteria. a.Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 - 3+ units Greater than 3 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic i'IiS5IOIJ. Ensuring an (lttI'(lCti3', clean, safe, inclusive coinnninity that en/sauces the quality nfl/fe for (Ill people and preserves the public trust 1i]JJ[iJ I U h1L'4 L'A I Dlk'A (I) 1I SJ1 Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6400 Noble Ave N iWis!oiz: Ensuring an attractive, clean. SIiIe, inclusive conhinwuty that enhances the quality q/ life for all people and preserves The public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6400 NOBLE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6400 Noble Ave N, was issued a Type IV Rental License on May 12, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6400 Noble Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6400 Noble Ave N, Brooklyn Center, MN. March 14, 2016 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. MERMUM DIJThDING AND COMAIW11W STANDARD S - BROOKLYN Rental Liene Mitigation Plan Type IV tierie fardwrIttcn M1 119ationPJ,pr wfU natheaccoplad. A (Illable form Cn be found on the City's wbit at vtyoibrooklyncenterog or call 5e9-3330 to have an olootroniá t opy sent lo you via email. Properly Address: 6100 NOB LE AVEN OQKLYN CENTER MN 56420 Owriers Name(s): ZAMZIM OE1JiE XUANVINHLY Owner's .Addres 21 NJCOLLET AVE f 04MINNEAPOLIS, Mt 6101 Owrier'5 Phone: 1224474 Owner. E-ma i l, 'Ylr'cm Ctrtent Expiration Data., nriii Local A: UAN LV Aenrs A dd es: 1C17 KENTUKAVEBROOKLYN PARK, MN Art Phone; (012)242-2 4 .74 Aent's Email: Pndin xpiration Date: fflOiiII Irxn cuir r4 Based on property coniiions and/or validated police nuisance incidonIG,the above referenced property qualifiesfar e Type IV-6 Month Ren t al Lisene. Prior to applicatiot appl by the City CunI a My Complelod Mli1ori Pn must be complotod and approyed by City staff. A Mitigation Pl a n must be completed immediately in order to ensure timely oometion of the license epp1ction process, The Mitig a tion Plan should indi ca te the st eps being taken to correct Ientifled viala ionss aild t he messurea that witI be tkn to ensure. on.gaing compli a n ce with City Ord]na rce and applIc des. A Mitigation Plan allows the oWner and the City to revlewoo pcerns and identi fy possible 0lUfl 0 h $ 10 impmove overall conditions of the properly, if the MiigaIlon Plan is not s u b mitted, and all items ai e ntompeted within the pending Lltense period, or the above property operates bey o nd the license expiration dae, entoroement actions such as 6tetlot4 formal cornpiairiL or license review m a y t-uJt, B efore submttti ng, filll ^out Sec tl o nA, E, a ndClocated on pages 2,3, 4d5 Piji Vo TI' fVJ ?fic'i Fiq, ThLr. 4..f44 tity f31 5Iiirie Ciek Prkw CriI, MF'J '13O-2i I I TP?: ?i1 I Fc: T63 5593€O BUILDING AND COMMUNITY STANDARDS BR( %1LYN U NOBLE AVE J cENTER BROOKLYN QNTgR, MN 5429 RnLa L1ns Mttkjation Plan Typo IV License S1ioji A—Crime rrev Hoo -sing Frogrm qitemen Ph I 1)Use a Wtllrt lease a cernont The lease agmeme.ni shall Iridude the Crime FE i1ouiiig A of the lease eni?r4 and Cirtme Free lotiiri Lease Addendum must be attached to the M]tFation Plan when submItted. 2)Agree to pursue the termination or - lea5e agreement or eviction of tenants who violate the terms of the lease or any addend urns. IV J 3) Condu imiibkgrund for ii new prospective tenants. if it is current tenant a new background check is not required. Must he able to provide dutriantaUor to City if requested. Z 4) Attend a City approved eiht1iour Cilme Free Housing raining course, Information for approved coirtses can he found at wiwrniipa, net under the Tr&nJr?g end Events lab . A copy of the Cthe Fe HO*Jsing Certificate rnut be attac lied to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for 10 Owner or agent attended/is planning to attend training at citj of: f ) Suirnit hilo.rithity Update by the I D'h day of each rnonth Phase II ]j 1) Complete a Security Assessment and hien -nt imp rovemrt requested by the roklyn Center Police Department. To schedule an initial or fellow-.up Security Assessment. ali763) 569344 A follow-up assessment must be ornp1ethd before the lese pirAtkn date to voriry the 5ecurily Improvements have been implemented, if a Security Assessment bas been previously compiefod write the oompletion Su rEly Assessment ws completed on/is soheth;ledftr 214 Secu rily Assessment follow-up was completed omis scheduled for; 1112t14 Continue Sections A Phase III on page 3. V. 4-1.M5 CLfy 6fEto'okyit C 1—uildi4 Mid CThtth±y 5d DthIt (iJ1 'rih CrLk PBrkwøy, Drkii Crfl€ir, MN 6540041 40 1 w -TMJD I 'flY: 711 1 Fir I-C fl11 AND CEMVIMUNITT STANDARDS CityfBROOKLYN ' N CENTER DCKLYN CENTER MN 55429 Rental License tijttation Naii Type IV License &adions A—CrIma Free Houskig Program Requfr nents (contlnz,ed) P ha& iii 1) Own c.r oragom will mtend at minimum 50% (2) of the ARM. meoin. The AAA. nieetins must be conipetod within tho rental Ilcenso prEod and htore the pdVypeW License expl-r4tiondate, Reqistra.tlari is net required hwvr you must sign-in during The meeting Write two meefing dates an owner or agent plan to Owner rneetirs sckedui&d on; I1 W1 6 and________ [J 2 *ve rio repeat code viotiors pre1oUsty docurnented with the past year. The folkwng actions are required for properties with four 14 or more unIts. 1) Cnduot re dent ir:ining rtrwIly that inckiJes ctrne prevention techniques 2 conduct :regular iedent meetings. Typa IV rJ( FjcJ) F?v. $5 ciy ci Br*tklyn C —Upilding and Ca utumity S1aridxd Dpirniirn± vI i1 t.Jnñhir rg Di rIiIni CrE irI'y, cc.kI Rntcr, MH I Phcin (-3t 1W; 711 I F; BUfl DNO AND COMMUNFrY STANDARDS City oi• -1OIJ NOBLE AVE tiROOthYN RCOI<LVN CENTER MN 55420 Renta] Lliense Mtgatior Plan Typa IV Liceno Sections —Lpng Term Capff .1 finprovem e nt Pi,i Based on. condIon and aide, estimated replacement d all es need to be provided for c4mrnm cpitai hetm. E.unding should be censlred soc o rdingly. items that ro brbkn, worn, or oTherwe in vioF1en pr1w tD the estimated replacement date iied to be repkced sooner, All tem5 must have a dnie for E vimal pd.Pap enientData. Dates auth a "nsra" 'don't know ", or 14whort, ro1cnt will not bo opted If YDLT ac UflSLIIC of whati an Rem will need lobe replaced, yotl c a n make a prdtctin based on the age, appearance, condition, or man ufctue/Iridu1rj recommendations Additional inforn -iction on E'<peL UM Lire can be found at www hud Item Data Last Replaced Coniit1ori*xpeted Replaceni ant Data Example.: Wa Hter May 2010 F May 2020 Furnace NOV 2020 iter Hoaar 1&0 V2011 itUit2fJ15 Kiicheri Applies 1' Lj Z :____Di2U1B LaundryApplia noes 1Wj11'201 Smoke AlarnJ Garbon Monofdo AlrrTU -r1L1, Exterior Items Paint/siding N/A O1/Of2Oi Windums 016V2011 OtO112041 Roof N/A _10iI Fence -rw Shed WA Garage r4?A 1O1f200 Drivcvay A 1QT012020 Sidewalks A 10112020 Other: NA N/A NIA WA tJN Fcfr=F Nd RlaEqt1entR P/aiz J. 4415 City of B cihlyit CoAU?T^T1 W1d1nq a nd Cirnmrniy S1iUaili Depayftt t Lmi 6301 8,1 *.oI3 CrEek PrV, 5roklyrCe?r, MN E4i:i-219 I -: 1 TTY 711 1 F: C? 63J -:3& BROOKLYNCENTEt BUILI)MG AND COMM W1TY STANDARDS 4Q NOBLE AVE t'iBROOKLYN CENTER MN 5420 Rni Ucenco MiLIaLIon Plan Typo fV Licente ScctIon G—$teps to Ift1proove Mrgement a nd co1d1t!ons of Pi'opry The items. in this section have beeriptoven to a[st with property rnenagomeM nd property iege. The f-bilawing actions are reqrtred: 1)Check-in with tnnt every 3Odays. 2)Orlye by property to cheek for possible code violations. ) Evict tenants in viIetIn of the lease or any addjandvms. 4) Rerflafn currcnt on all uithly fees taxes, assessments, fines, pcnflie, and other fins nolat cl&rr paymens. due to the City,Ej The fallowing actions are optioaall unless roquFred by the C1tr 1)Provide tawnisnow serve. 2)Prvkfe garbage service, &i1 Insta secklrity system, 4) Ptvide nicintenance rvi'epin for applisnce, Name of service cornpeny; LIII 5) Other.' If the Typo IV-6 Month Rental Licensels approved by the City Council, the licensee rnus coniply with the approved Mitigeion Plan and all spplicbie City Codcis. A written report must be t1bmittod by the i' day of each month with uto1act1ons beinfken by the owner Jfld1Ot a9afltto Comply With thEe MIttOn Plan A copy of the Monthly Update can be found on page 7, A tillable foxrn n be found on the City's we1git at wwvicityoft'iooklynoeMeror or c&l 76 -33O to have an ali2 c1ronic op' sent to you via ems II. PJee attach additional irifoMation ifnecsary. VR! v. 4-45 Cy f1y rid cumifty Slandayds Depa rfm a nt 6J1 RrdbnCete MN 554-30-2199 Ph:n 733 I M,'711 Fw (3O ___ BUtLTMNC AND COMMUNITY STANDARDSCity of NO1LEAVEN Jj 1ROOIQYN CENTER MN ifl Rental Lkn.se ltition Plan Type IV Lrcoflao SFn and Vedly I verify that all .Infrmtion provided is true end accurate. I understand that ir [do not comp'y with the approved Mitqatien Plan, cirnplywith all Items within the ticero prd, Or operate beyond Lh lcin expiration date, frrnent actions such a s Oi1tu&, fennel compIil or ken so review may result. XU\N VINK LV iA11 C'w?&ror Mrr( i&i ixJ Te Ow!r rAc,retit &ji![.'rc 2'2O16 Opener crAgwo NZOO nd Thi P'c.-iy PnrrJ Add Qrcrnr crienSim C)y tff c'ruy Al4QL. CJT Pc rThi( f4vtirIgc) 1rcii? SI &d Depmer f'Dime ia Ei TW (VRv iF cM' thn P?vi, Ri', 44-15 Gily und Camxnunfty dars Pprm*n ir C31 64nr k. Crekrsiy, D6F,T1 Cutler, MN E513-21E 1 Pbr: ?GaI -30 I TTY 7111 1 F' Em3) E6-3Ea City Council Agenda Item No. lOa #7 [EI1Sk[SJ i a N N Dk"A L'A I k"A (I) 1IJ1IJki DATE: March 14, 2016 TO: Curt Boganey, City Manager ^ I FROM: Sharon Knutson, City Clerk Oft4j* SUBJECT: Type IV 6-Month Provisional Rental License for 5607 Lyndale Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5607 Lyndale Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting, Background: This owner is applying for renewal of two rental licenses. This is a single family property. The property would qualify for a Type I Rental License based on three (1) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will have expired on February 28, 2016 and one that will expire on August 31, 2016. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: (License that is being considered and expires on 08/31/2016) 01-05-2016 The owner, Timothy Quam, applied for renewal of the rental dwelling license for 5607 Lyndale Ave N, a single family dwelling. Alission: Ensuring an a#ructh'e, clean, saf, inclusive conhInulilty that enhances the quality ajlsJè for all people and preserves the public trust [6II18[4 I fl I I Mk'A U'A I D1'A [I] 1WI P1II 0 I 01-14-2016 An initial rental license inspection was conducted. One property code violations were cited, see attached rental criteria. 02-17-2016 A second inspection was conducted and passed. 02-28-2016 The previous Type IV Rental License expired. 03-07-2016 A Mitigation Plan was submitted. 03-07-2016 The Mitigation Plan was finalized. 03-07-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-07-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 2016. Current Type IV Rental License approval activities: (License that is being considered that expired 02/28/2016) 07-17-2015 The owner, Timothy Quam, applied for renewal of the rental dwelling license for 5607 Lyndale Ave N, a single family dwelling. 08-18-2015 An initial rental license inspection was conducted. 4 property code violations were cited, see attached rental criteria. 09-21-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-22-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 10-05-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. The $200 in reinspection fees was paid. 10-20-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-20-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-09-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-12-2016 A Mitigation Plan was submitted. 02-01-2016 A $300 Administrative Citation was issued for renting without a license. 02-28-2016 The previous Type IV Rental License expired. 03-02-2016 The Mitigation Plan was finalized. 03-07-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [iIO1IJ[i1 I fl N ak'A U I k!A (I) 'I aiiii disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program, 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive cominumtv that enhances the quality (/life for all people and preserves the public trust [lI1Ih[1 I U I MhYA Ih' I DIYA (I) 1aWI I1SJYA I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 4Jission: Ensuring an attractive, clean, safe, inclusive conunuflhty that enhances the quality of life for all people and preser es (he public trust [EI1IJ[SJ i I I MIA U I IIhY4 (0) 11I I1Sk' I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type l-3Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0,35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 fl41s&!on: Ensuring an oUractive, clean, safe, inclusive comonunty that enluzizces the quality of lift for all people and Jneserves the public trust I[I1BJ[.J IU N N *'A L I DI'J 0) 1I WJI Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving Two Type IV Rental Licenses for 5607 Lyndale Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for till people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5607 LYNDALE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5607 Lyndale Ave N, is issued a Type IV Rental License with an expiration date of February 28, 2016; and WHEREAS, the property located at 5607 Lyndale Ave N, is issued a subsequent Type IV Rental License with an expiration date of August 31, 2016; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5607 Lyndale Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that two TYPE IV Rental Licenses are hereby approved for the property at 5607 Lyndale Ave N, Brooklyn Center, MN. March 14, 2016 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. BVThDLtG AND COMMUNY STANDARDS ATBROityOKLYN - ENTER Rental License Mitigation Plan Typ IV LlCJ1U HdwrUter AlRi g ation Plans will not be accepted. A fihlable form can be oiin on Ihe City's website at wvw tyofbrooklyncenter.orQ or call (76) 569-3O to have an elecronic copy sent to you yia erni Proprty Address 66137 Lynth Av Nc.Brooklyn Ceritsr, MN Owriet1s N(s: Owner' Address: 8141 FattAveMN 5 SSS O Owner's Phoiie: (763) 477&318 Cwners Email: quameiin.on Current xp1ratlon Date: 2J25116 Local Agent{ Judd Qur Ad: 11131 Irving Lane Niokri Cenyer, MN 56430 Aent1s Phone: 763) •51 -3460 Agent's Inialt: Pndir Epka1mn Date: 88VIS IIs1?1 r( Lrikn) on property ndtn aiidkir v1ldat'd pihe nuisance incidents, th. above foencod properly qualifies for a Type .6 Month Rental License Prior to application approval by the oily uhly wmplote-d MItition Mom mut bo crn.p1at?d and approved by City staff, A Mitigation Plan must be completed immediately in cirderto ensure timely completion of the license ition process- The Mitigation Plan should indicate the steps being taken to cerrect identified vlton5 tid th nicasures that wilt e taken to ejisure ongoing compliance with C1tV OrdniC$ and applicable codas. A Mitigation Plan ahls the owor tho City to review concerns and identify possible solutions to improve overall conditions of the property, If the Mitigation Plan is not LtbmiUed, and all items are not pletd within 1h pii'1ii Ii se period, or the above property operates beyond the license expiration date, enforcement actions such as ritaiin. formal complaint 1 it h,e review rny result, fôa r. ubm1t!lhI fill-out Lln A £, and C kwted on pagosi 2 4 and &, City of Br a a lriya Ct aer--oi1ding uidCrnmnriiFy I-r Dpartmx 131 ShLrn trk P 1Yl Sr klyuCnl MN I Phu,; 3-3333 I TTY ?1 Fax: 6a)E-E1J JThDING JN]) COMMUNITY STANDARDS CENTER City of i-co.00r.MN -- 1 Rental Lierie Mitigation PRri Typci IV Luveiise 5tFons A-frr Fro HQii5ing PrQgrern Reqiireions -phase 1 1)Use a written lease agreement. Tho laase agreement shag include the Crime FtO Housing Lease Addendum. A copy of the, lease agreement and Crime Fr 4-Jousing Lease Addendum rntit he attached to the Mitigation Flan when ttbm1tted,. 2)Agree to pursue the terniriation or lease agreement or eviction of tenants who violate the tErms of the lease or any bddendums. j ) Conduct criminal backoround check for all nw prOpeotive krart, Ifitisacurrent tenant a new background thk is riot required. Must be able to provide drrtwi to City If rdqueted, 4) Attend a City appTrd ihL-hut Ciime Free Housing iaioirig tourse. InIQrmationfor approved courses can be found at wv,%vtftrt0pa,net under the Training and Enrtab, A copy of the Crime Free Housing Certificate tinist be attached to the Mitigation Plan whons iibmltted. CrIma Free i-iusn trsining w cornpteted 00m schoduled , br 23f atit Owner or agent stiendod1js planning to attend tralnIngial city of: Forh J 5) Submit Monthly Updat& by Me iU' day of each month. Phase It 1) Complete a ecurlty Assessment arid. iMpLementimproverrients rcq s&t! by the Brooklyn Center Police DepártmenL To scliedvie an initial or follow-up Security AsessrnaM, call (7) 59-344. A follow-up a sesemant must ba completed before the Iioene expiration date to verify the ecuriy improvements tiavo been implemented, If a Security AssessrnerU has been previously completed, wrt the cornptelion date. lsSecurity Assessimerit was completed onus scheduled 10r ___________7i - Security Asse rnert follow-up was completed oFs scheduled iorY7O Continue $ectiOFs A. Phase III on page L Pige 2/0 ãvi Pit soy, 444-1 ,55, of Ii 4dyi C mftyStan4J )aThtan± 60 hirCI ro3)c isrKy, BreIHJP CiLetMN 54-2O I 1'Iion: fThS) 55O 1TY: 7 1 I fç (Th3)55-6O tOy 1id10 Ave, No. 'BUMMING AND COMMUNITY STANDARDS OKLYN ER Rental License Mitigation PIAT! Typo IV Liconso Sections A—Crime Free Housing Pro grirn F?cquirernents (coiflin ued Phase Ill E1 1) Owner or agent will attend at mmmum 50% (2) of the AR M. meetingL The ARK meetings must be completed within the rental license period and before the pending Type IV License expiration date, Registration is not required, howevef you must sign-in during the meeting. Wote two meeting dates on Owner or agent plan to attend Owner or agent will attend A,RAk meetings echeduted on 3f1UO jfl1l E7J 2) iIvu no repeat code violationspceviouiy documented with the past year. The following actions are required for properties with four (4) or more units. 1) Conduct resident ftainng onnually that inciudes cdrno piovenhon thniques. [J 2) Conduct regular resident meetings. yA .V Rmf J'4:i RE/ 4f 4•15 City vi Brooklyn Ctnt t-3uih1thg atid C'uuufty Slandaxds Dcpu oi,c(( 61 Sn P*riv. liJn (;rr, '.0 (7c F 70 33 0 COM STThAS 5007 LyndploAve. Nu,City of Bwldyn Rental License MIt1gatJor Plan Type lVLcono Sectn5—Long Thrm Cap ita l 1prQvrnentP1n Basod on 00tidlltion and age, estimated replacam42ntda 'need to be provided for commort oapit8l items, Funding should b ndered accordingly, ttenns that are broken, worn, or otherwise in v1Uclr prior to the e3timated repIaceFM dote need to be replaced soanar. All lior must have date fo EImecfRepIacerneitDatc. Datas $ub:i) a-s; "unur& broken" will not ba accepted, If ycu are urksure of wh&i an ftm wlF need to e replaced, you can make a predictlii bed OP the age, appeafance, crditicin, or merwfacturenduatre recorcimendaiona. Additional lnfrniaUgn oji Expected Ufui Life on be found at wwhud.v, Item Date Lat Replaced •cidtirr Expected RepIccrnrt Date Example; Wa ter Heater My 2010 F May 2020 Furnce 1992 twilt e.xditanger flO'J1C Water HtEr 2009 2F22 Kitchen Appliancog ref(rL' 1W 6 i2 - i99O Q MdJ 1/ /Laundry Apflan - Smoke Alami& Carbon Manoxide APrm 'Exter i or Jms 19YY '7/ i"'Pint/Sicrin Winoi 201 5 G as neoded. ROO mki i?0 ccInaI a 2020 a s Shed GarageGaraie Gf1ifll F f/U Diieway Gf1lfl F 2020 -S 1dvnq[k5 anginal, steps 21115 F red i/1J '21J /2 Other: CQnion Abbreii: Needs Replaceme=R A lsov 0 Ravi, Ppv, 4-445 City of i—Bfldi9 zmd Ccmmuitty i1tai± 6O1 tiIr Cr Pky Bch!ynitr.MN -I j Iioi. 173) MI.S330 I Tfl: 711 [ 333e &ILDINO AND COMMMTY STANDARDS CJL?M BItOOKIYN Rental Liaon&a Mitigation Plan TyplV Llcetise Sections0-- S tepo to Improve M Conditlons of Proper(y The items in this section ha ya been proven to assist 'with property gn1ent nd property iriage. The falow1rig aetiws are requTrcd:12] 1) Checkir with tononts every 304ays , 2) Drfva by property to check fr:psible coda violations. ) Evict tenants in ioFa1ioi bE th rease or any addenclums JJ 4) Remain current on all utility fees, ti]M-S, 49MGSMOhts , fina ! penalties, and other financial1sim&pyments due to the CityE 5) Other The following actIon. arq optlQrlaI unless requlmd by the Clty. [Ii 1)Provide IaWnTSnOW {}2)Provide garbage service. J 3)install surity ysteni. 4)Prcivde maIntena noo service plan for applianoes, Name cif seMoe oampany, tn pthniSerc Pius Eli 5) oTher: U the Type IV-6 Month Rental Llee Is approved by the Oily Council. the [can see must comply with the approved Mitigation Plan and all applicable City Codes. A written teprt nust be submitted by tha I Q day of each month with an update of actions being thkon by the owner andio - agont to comply with this M1tion Pln. A copy f the Maithty Update cant- found on paC 7. A flhlabl form can be found on the Cit'/s website et ww.cityofbrooklyncenter.org or call (76) -3O to have an electronic copy sent Jo you via ernaiL lease attach ad1Wonel irfw -rnai Ion if Tppe iv tF' Lii& INNgOpn City frotIyi C —ufl1tM4 Ccrnunuxiity StPMdikYd9. beptrtment 0201 hirIn Cr PrKw, Br lIynCnUr, W 4D-iOJ f75j &2••320 I TW: 711 t F UILDING AND COMMUNITY DY STAARDSC B1yoF BROO}IY1'I '• cEFCER r:cJ,r Urntijt, NiN Rental License MitigationPlan L .Type IV Llcons Sign and verify I varify that all inlormaikm provided is true and accurate, I undetsland that if do not comply with the approved MitIjaton Plan, comply with all items within the Icen period, or operate beyond the license e)çolrUon date, enforcrnont actions such as citations, formal complaints, or license review may result. flin1hy M. Qum Qir roAicj Nfttno fird Pik)) 2' fA' $tnre Jud,h K, Oum Omr rAr/lwnI Atvw iJ (I1/rVc,, Pk'ie Ptir1) £L __ fr dJIkt& OWt&'Jei'I 'Wie City Sf(•Oa!y ' I - -- )1 I /VL 1 tm'n.cfy .i.'d:id Tj!r iro o$V,1L1hq9lbln ir, Rev. 414$6 CI1' o(ook1yn Cl-3oithng and itUySdx Dpdrtm*zi c'JYu Ctt t C'rtr, MN L64-10'2 11( f tThix '3) 333320 1 1I'Y, 711 F 76) 310 • ••••• - D COMMINrry SWO.S City ofBROOTMYN Rentai Lic e nse M1tgati0111 Type IV Llm fldWf1ft? UQfl Plans wjjj not 4m accepte d, A fihlable form can be found on the Ctys we b site at ww tyaft oKlyncenter.or or call 7) to have an :&ecronic copy sent to y vfii e m a i l, Own&rs Address: 141 P&dgetIAVE4 Local Ant(s): Jd' Quri 4rd 1 s Addres s : 007 IMng i..aneiookn Ower, Mr'J 66 430 Agents Phone: 73) 1-3400 Ant's £mal: .Pridin Epfra1on Date:_=KM jyinnIIi iwn ,jjrrri rikn Prop e rty Ares: 6607 Lynda No Bro o kl yn Center MN Owns TJhOJrn Owners Phone: 47 6 3) 477-81 65 19 Owriers Email: Cuirentxpiratlon 08/31/2016 KM I^ittedl on opry conditipht afidlor v11dted p d firo ruisrwa 1rcidnt, the above ref-rened property qualifies for a Type [V6 Month Rental License, Prior to application approvul by the City Ceunc1 . fully Mmpl ot Ld MitiUn ?en rinusit, bo coptd arid approved by City staff. A Miti g ation Plan must be completed imrriediately in order to ensure timely completion of the license apiicatrn process.. The M itigation Pian thoud indicate ths steps being tskeri to correct identified viciaflons and the measures ThaI yulE be taken to erisure ongoing compliance with City Ordinarxces and applicable codes A Miti g ation PErr al1c the owner arid the City to review concerns and identify possible solutions to improve overa l l conditions of the property If the Miation Plan 1 5,1710 t ubrnittd, and all ilerris are nt cotnpletd within thr peiidtii liene period., or the above property operates beyond the license expiration date j enforcement actions such as citation. formal cempiir1t or lic e nse review may res ult efote t ubwilftihg, 1141 -out 81i2 elfi b n8 41 a, Ai1 4 C oted on 4 a nd ! TrvLc(iti 3?Pfl ke 4-1 1-16 Gj ty xck1yz Gen I c r-Bd1dg z wd C-unilY 51 Lxd 5 Dparne: 83131 Shin g.Jm Cran k RaTkway, erauyn Cerlkr, MN UA1341ijg I Phr: (36) 5-33 TI?: ?11 I F {763) Eae23EJ Cityf BROOICtXM CENTER &et1orta A-Cthn Fe H BUILDING AND COMMUNITY STNDUUiS 6QT Lit1I A. 140, BwkIyn Cedar, MN Rental Ltoonse MitIgation Plan Type IV License PrQgrrn Rqufri*iti PhaI 1) Use a written leas,- agreerrent. The e agreement shall include the Crime Frae Hdun Lease Addendum. A copy of the Jeae agreement and Crlrn Fr :uTh Lease Addendum must be ttced to tha Mlifigattoirl P100 when si.zm1tted {[ 2) 4re to pursue the termination or lease agreement or eviction of tenants who folte the temis of the iese or My addePidums. 3) Cond uct rnImil background check for all new prospective t onMls, II it Is a current - lenanta new background check is ntruired, able provido docurhefttatiruri to City If requstad. lZJ 4) Attend a Gity app-rnve eighl-h our Ciime Free t-tous1rt iiIrIg courM. lnorrnation for .pptv courses can be found at wvAvm,rLQpa,net under the Training and Evers tab. A copy of the r[rne Free Housing Certificate • must be attached toll the Mitigation Plan when auhmltte& Crime Free Hmising ¶raining was comptated Oii.s s cheduled for owner or agentattorideWJ5 planning to attend training at city o( J 5) Submit Monthty Update by the lOth .dy of each month. Phase if -1) Ccmpree a Security Assessment and impternent. improvements, requested ythe Brook1n Center Police Department. To sceule on n5tiai or foilowup Security Ass men ca-11 (Th) 50 04334k AfIJowup arnent :mut be completed before Ihe .flceneexpratloP &il o tha ecuriy improvements havo. b.en Implemented it a Security Assessment haa been previously completed,wrt the ciDmpi&ien date, Security Asses nit Was ocimi1eted onus scheduled For Security AssearnMt fhlw-up was compteted enfis schedijled or/ 0 Continue aectien A,1 Phase lii on Page P21 'VFr. Pwi Roy, 44 445 City of Brooklyn ir— d Community Standayda Depasbuent ShIrjIu Cr; hadrway, Brc'ieIlyn CiLr, MN 5543M honff. I7 I lTi: 711 55-0 CrglRt IF BrJ1DING AND COMMUNITY STA All) S tyof - cN TrL1d2I Ave. tQ Rental License Mitigation PlanClENT Type IV Licenso SetDr A—Crime Free Houskig Prtjrn Thqufrernents (conilrnied) phaso III Ei 1) rorgentwiIaUend atnnmum c'% 2)of the AftM.meetings- The ARP& maotings trnist be completed wTthin the til1 kcenisa prFod and before the pending Typo IV License expiration 6te. Registiation is not required, he-vr you must sign-in during the reetin. Write two meeting dates an owner o r agant plan to. Owt r ent wil eltend A. RN. eetin hduIe_7/14/16 KM [J 21 EIti no repeat code voitiors prevou&y dumenled with the pt year. The IoIIowInQ actions are required for properties with fit 4) r more wilts. El 1) Conduct residenttrain -Inj anrar.Eflly that includes crime preventiotothfli4Lie F-1 2) Conduct regular resident meotii. Tyø üT Per, t'i' lic r nsa M.F? P. Fw. 4-14-15 Ctty OfBrOoRiyls Cti.—!IufldJx 1v Slaild&1da Departrncmj 6301 ShnglL Crk PrMy. Elr:i Crr, r51219 I P' Si 3-310 F: T6569-O BUILDING AND COMMUNITY STANDAIMSCity o Rental License Mitigation Ptn__3L Type lVLcenso Settons &-Long Tent Capital -improvement Plan :13a&nd on tidiUcin and a2e, estimated, rp amiL dates need to be provided for cornmon capital items. Funding should i ccnsidered acrdingiy. [terniht are broken, worn or othervi[se in viplation prorto the estimated replaemt date need to be replaced sooner. Ail ilems rnut have date f EsVtierJRepLcernent CSo Dat Wh m. "unsure", dont know"when brkr will not be acpthd. If yuij are unsure of Whort ahItOnj vñlE need to be replaced, you can make a prdktIon bed cn the age, appearance, condition, ormanufacturedtry reognirnendallions. ?'dditIonI Intotniatipri on Expected Useful Life can be found at www hud gov Item Late Leat Replaced Cir Expected Repicmnt Date Eamp!e Werifeater M:y2OO F Miy2O2O Furnooe 12 OOM tXflJ3r rood Wtet Hter 2009 6 2q22 Kitchen Apia rerfiQerLL( 17 22 19E10 rdE5 7,Laundry Apprian Emote Alarms) Carbon Mciode Alarms 2009 Etei1or Items Paint/Siding 19 /174 Vv r(nt cJw 2015 as ne D ded. Root iiIJ 190 2020 Fence onginal a's needed , Shed 4A ____ Garage ciginl F rio//j) Driveway criginI F r1qlnBI steps 2016 F (1/c, )1J Other: 'Condition Abbrsiatci: mr4 Fir=F Needs RpI*ritR Pagg 4"'0 Tppe J'i' RiWihi' L'I 444-4 Cu7 kti Lgding and CDmIrnulity Stwadakds binpArtineza ww.kn1r, ON s 8 r rleCf..? Pkw,y Bra cklyn 0r,M 4-1 W I Phone-A.783)MS-334I TT': 71 i BULLDtNG AND COMMuNITY S1'ANDMWSCiLyof BE.00KLYN 6601 Lyadala AiC, No CENTER Urtitikiyn CnIr, MN Rental LI conge Mltat1on Plan ectlon& :-- Improve M eJ11R( an Coidith of Prop" The items in this section hye been proven to assist wfth property manalf3mont and property irrage. The followIng aatllmiqare requtrd: 1)Checkir with letnts every 30-days. 2)rtve by property to h& frp-sib1e code iiotVn&, T-71 3) Evict tenants in .'kii.iin oith te or any addend um 4 Remain current on dii utility fees, t?xe, asisessrrmht5, fines penalties, and othar financial olalmslpayrflents due to the City, 5) Other TiliefoflowIngactlotis areoptl9rial unies required bytlie Cty. fl i FrPIie iwn15now service, J 2) Provide garbage 3) Install ecwy $ystem Z 4) Provide maintenance "r'ice plan for appiianc, Name of service C ipariy: 7' Eli 5) U the TypeIV-6 Münth Renal Lienee Is approved by the City Council, the licensee must comply with the appmj Mitigation Plan and all appticable City Codes. A written rptt must be submitted by the lath day ofeth month with an update of actions being takon by the owner aiidior agent to comply with this Miti.atott Plan, A copy of tha Menthty Update n be found on pe 7 Affliable form can bføUnd on the City's webit'a tww,oityofbrookiyncenter.or or call (763) 43O to have an electronic copy seritlo yciu via emaiL Please attach .addEtkrit tr,ormnatEon if necassary. 7)e rvReW& LLemb MW?i SIMI C± afrDk1yi C— Ddttina am 3r .dbrotinter 5hir,1 rt; rkw, arook1yiiCnLar ?AS SIM304i O1 I f7J TTY: 71i CityBROOKLYNCENTER BtJILDING AND COMMUNITY STANDARDS SLLfl L\4 ndQ I e. -t'Rental License Mitigation Plan TypLcon Sign and Verily I venfV that.91E information prov1ced is true nd a wte I Ujidorstwid that if I do ciot comply with the pptd h4itiq.0fta PJr, ripIy with all items within tfia license perd or operate beyond the Iete axirctlri thtc n1orccflneFit actimns such as itation& founal 6amptarnts, or li'ene review may reuI1 Qwc'j', 2 Nam} irid UP) (P r) J.d frcir'e AihnJO Lyn r 1 enr um (ff CIiy Stf! Only fkI D'pMrn'rr 5/i/il tec FP1UFry epMv?1en! (VRrii in Mar 444-15 t r lIy d C ilitity ttci flp.rtrnextt 8351 BlYfi6ieck Pafkway, BrctC€nLr, kiN 40.21 j Phrc (/) I TTY; 71 i) WN31W City Council Agenda Item No. lOb COUNCIIL ITEM MEMORANDUM DATE: March 14, 2016 TO: City Council FROM: Curt Boganey, City Maria .3 SUBJECT: Adoption of an ordinance to restrict the number of single family rental properties in a neighborhood Recommendation: It is recommended that the City Council consider adoption of an ordinance to restrict the number of single family rental properties in a neighborhood. Background: On October 26, 2015 the City Council approved a moratorium on new single family and single family attached rental properties and Level 3 Predatory Offenders. The purpose of the moratorium was to allow for time to conduct a study to determine the effects the increase in single family rental licenses and Level 3 Predatory Offenders had on the neighborhoods and community. The following information is a summary of information collected relating to the moratorium and options related to single family and single family attached rental properties. According to the City Attorney, cities have the authority to restrict the number of single family rental properties. A copy of the memo from the City Attorney is attached. Summary of Conditions • The total number of single family and single family attached properties has increased from 287 in 2008 to 746 in 2015. • While single family rental properties are distributed throughout the city, some blocks have a higher density of rental properties. Approximately seven blocks exceed 30 percent rate of rental properties. Approximately thirty-five blocks exceed 20 percent. Please see the attached density map for the density in census blocks. % of Rentals within Census Block # of Census Blocks 0%107 1-4.9%36 5-9.9%113 10-14.9%70 15-19.9%30 20-24.9%18 25-29.9%10 30-34.9%4 35+%3 o The rate of police calls for service and property code violations are higher at rental properties compared to owner-occupied properties. Police calls for service (cfs) are 3.03 cfs at rental properties compared to 1.13 cfs at owner-occupied propel-ties. For property ))Iission: Ensuring an attractive, clean, safe, inclusive coin/nullity that enhances the quality of life for al/people uiul preserves the public (just [ES1IJ[ii I R I I UhY4 U'A I DI'A 0) UI WJ I code violations, the percentage of properties with property code violations is 34% for rental properties compared to 15% for owner-occupied properties. These statistics indicate that more city services are consumed at rental properties, which more likely have a negative impact to the neighborhoods and community. A higher percentage of code enforcement complaints are received about rental properties than owner-occupied properties. The number of complaints received about rental properties is 21% (165), 9% at owner-occupied properties (583), and 45% (583) at vacant properties. Due to current information systems, we were unable to compare complaint percentages from previous years, but anecdotally feel the percentage of complaints at rental properties has decreased since implementation of the performance based rental program. We found no studies from independent sources showing the impact of rental properties on neighborhoods. However, some cities stated anecdotal or possible specific community impacts, since enacting density requirements. Some potential impacts of a restriction on the number of rental properties are provided in a later section. City staff performed a review of similar neighborhoods, with high and low number of rental properties, to determine curb appeal influences. Because of the winter weather and limited time frame, correlations of rental properties on the neighborhood could not be determined with the limited number of properties in the study. The ratio of rental properties in other cities varied and was not necessarily an indicator of neighborhood conditions. Many other community characteristics appear to affect the numbers such as student housing, higher number of multifamily, etc. Further, many cities did not have the number of single family rental properties accessible. Options to Consider 1.Do nothing related to density or quantity 2.Implement a density requirement (Information attached for four cities that have density requirements) 3.Implement a proximity requirement 4.Implement overall cap Potential Impacts and Feedback The following information was provided as feedback through research of other cities and through the focus groups in relation to potential impacts to Brooklyn Center if a restriction on rental properties is enacted. Potential Benefits • Potential decrease in police calls for service within neighborhoods • Potential decrease in property code violations within neighborhoods. o Potential overall improvement in neighborhood appearance. o Potential increase in owner-occupied properties. e Potential improved property value stability in neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive colulnuhtity /11(11 enhances the quality of life for al/people and preserves the public trust I1i1BJ[iJ I fl V V Mh'A I I D1'A (I) 1I 1IJk I Potential Costs • Decrease in home sale prices due to the restriction on potential use of the property as an investment property. • Increased time on market for houses for sale. • Negative impact to property owners desiring to rent house due to sudden change in status such as job change or death of property owner. • Litigation from property owners or advocates. • Additional staff time and resources needed to manage, educate, communicate, and enforce this requirement. Budget Issues: At the 30% density maximum we believe no additional staff will be required in order to manage, educate, communicate, and enforce a density or proximity requirement. As the density maximum is decreased below 30% the staffing requirement increases significantly. Strategic Priorities: Enhanced Community Image Attachments: • Ordinance • Attorney Memo • Statistical Information • Rental Density Information from Other Cities: • Report from Minneapolis Area Association of Realtors • Density Map JIIission: Ensuring on attractive, clean, safe, inclusive community (11(1/ enhances the quality of life for al/people am/preserves (he public (rust Attachment: Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of April, 2016, at 7:00 p.m., or as soon as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to the adoption of an interim ordinance prohibiting the issuance of new rental licenses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-901, OF THE CITY CODE OF ORDINANCES; LIMITING THE DENSITY OF RENTAL HOUSING IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Legislative Findings 1.01 The City of Brooklyn Center ("City"), pursuant to Chapter 12 of the City Code, requires a license for any person to operate a rental dwelling within the City; 1.02 The purpose of the rental dwelling license requirement is to ensure rental housing in the City is decent, safe and sanitary and is so operated and maintained as to not become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community; 1.03 The City may amend ordinances enacted under its police powers as it sees fit; 1.04 The City has studied the effects of an unlimited number of rental licenses being allowed within the City through reviewing applicable studies and the current conditions of the City's rental housing; 1.05 City records show that police calls to rental housing are significantly greater than non-rental housing; 1.06 The City has reviewed various studies that suggest that rental housing can have a negative effect on surrounding properties; and ORDINANCE NO. 1.07 As a result of these findings, the City has determined it is in its best interests to limit the amount of rental housing in order to protect the interests of non-rental owners. Section 2. Brooklyn Center City Code, Section 12-901 is amended by adding the following language: 10. Limitation of rental housing in low density neighborhoods. In Ri and R2 districts of the city, not more than 30 percent (rounded up) of the lots on any block shall be eli g ible to obtain a rental housing license. A block is defined as a aroup of properties bounded entirely by streets, public land. railroad rights-of-way, zoning district lines, corporate limit lines or physical features such as rivers outcroppins ponds or lakes, provided that final delineation of a block shall be made by the city manager or designee. When determining the number of eligible properties on a block the number shall be the lowest number that results in 30 percent or more of the residential lots being rental. The following table indicates how many lots are able to be certified as rentals based on the number of lots that exist on a block: Lots Rental Lots Rental Lots Rental Lots Rental Lots Rental 1-3 1 21-23 7 41-43 13 61-63 19 81-83 25 4-6 2 24-26 8 44-46 14 64-66 20 84-86 26 7-10 3 27-30 9 47-50 15 67-70 21 87-90 27 11-13 4 31-33 10 51-53 16 71-73 22 91-93 28 14-16 5 34-36 11 54-56 17 74-76 23 94-96 1 29 17-20 6 37-40 12 57-60 18 77-80 24 97-100 1 30 In cases in which one portion of the block is in an affected zone and another is in an exempt zone, only the affected portion is subject to this regulation. a. Exceptions. This limitation shall not apply to: 1.Dwelling units within a duplex: 2.State licensed residential facilities, but only to the extent. including the number of residents, the city is required by statute to allow them; or 3. Rental properties which are validly licensed as of the date of adoption of this regulation. but such rental properties shall be counted among the 30 percent of allowable rental houses for purposes of determining whether new licenses may be issued. b. Exempt Districts. Property located within the following zoning districts are exempt from this rule, R3. R4, R5, R6, R7, Cl. CIA. C2,1- J-2, 0-1, 0-2. ORDINANCE NO. C. Temporary Rental. Notwithstanding the foregoing. a property owner. whose property is subject to the 30 percent limitation, may obtain a temporary rental license for a property for a period of time not exceeding 12 consecutive months under the following conditions: 1.The property is actively being offered for sale to the public by the owner, or by any authorized agent of the owner, during -the license term: 2.The property shall be temporarily licensed for rental purposes only if the property complies with all applicable City and State rental housing requirements; 3.The property shall be licensed only for one of the following: (a) one adult living alone: or (b) two unrelated adults living toaether with any dependents by birth, adoption, or law: or (c)any number of persons related by blood, marriage, adoption, or law: 4.The temporary rental housing license shall terminate immediately upon the closing of a sale of the property to a purchaser or at the end of the license term. whichever event first occurs: and 5. A copy of the lease agreement shall be deposited with the City within one week from the date of the execution of the lease. Section 3. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2016. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) Attachment: Attorney Memo Troy J. Gilchrist 17 470470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 &(612) 337-9214 telephone (612) 337-93lOfax tgilchrist@kennedy-graven.com(I1}It'\TeI1 CHARTERED Also: St. Cloud Office 501 W. Germain Street, Suite 320 St. Cloud, MN 56301 (320) 240-8200 telephone MEMORANDUM Date: December 21, 2015 To: Vickie Schleuning From: Troy Gilchrist Kyle Hartnett Re: Restrictions on Rental Licenses The City of Brooklyn Center ("City") is considering placing limits on the number of rental licenses it will issue. The leading case on this issue is Dean v. City of Winona, 843 N.W.2d 249 (Minn. App. 2014). In this case, the City of Winona ("Winona") adopted an ordinance limiting 30% to the number of lots per block in certain zoning districts that can obtain certification as a rental property. Three property owners sued, challenging Winona's ordinance, claiming it violates the Minnesota Constitution and exceeds Winona's statutory zoning authority. The District Court and the Minnesota Court of Appeals ruled in Winona's favor, holding that the ordinance was an authorized and constitutional exercise of Winona's police powers. The case was then appealed to the Minnesota Supreme Court ("Supreme Court"). The Supreme Court ruled in Winona's favor by dismissing the lawsuit, but declined to address the validity of the ordinance. While the case was working its way through the appeals process, the circumstances of the owners who brought the suit changed in that they had either sold their property or had received a rental license under the 30% rule. Therefore, the Supreme Court found the appeal was moot because there was no longer a justiciable controversy. The Supreme Court reasoned that the property owners no longer had a sufficient interest in the litigation's outcome because, due to their changed circumstances, they were no longer seeking rental certification. Deciji v. City of Winona, 868 N.W.2d 1 (Minn. 2015). The case gives guidance on the factors a city should consider when placing restrictions on rental housing. The purpose of this memo is to provide the City some background as to the lessons learned from the City of Winona case. 471082v2 BR291-4 Analysis of Case In the case, Winona was concerned about the number of rental housing units near Winona State University. The issue was initiated by Winona's Planning Commission noting that there had been an increase in residential properties being converted from single-family usage to rental usage, which resulted in increased parking demands. The Planning Commission held numerous public input meetings with interested parties. The Winona City Council then held a number of town hall meetings designed to address density, parking, and aesthetic issues within the area of the University. Winona also formed a study group to look at the issues. Winona also formed a parking advisory task force. The task force found that rental housing units comprised about 39% of Winona's total housing units, but 52% of the complaints were received by the Community Development Department ("CDD"). In order to reduce this impact, the task force suggested that the number of rental units on any given block be limited to 30% of the total properties on that block. The task force recognized that the proposed limit on rental licenses would have an effect on property values and the ability to sell property. The Planning Commission reviewed the recommendation and noted that the task force found that neighborhoods heavily populated with student rental housing tend to become run down and unattractive. The Planning Commission noted that the CDD found that 95 of the 99 addresses that had two or more calls for police service based on noise and party-related complaints were rental properties. The Planning Commission also noted that 53% of the zoning violations that resulted in written violation were from rental properties. The Planning Commission and City Council both approved the 30% limit on property rental license. Four years later, Winona again looked at the issue of limiting rental licenses and found the 30% rule was working and that the rule had preserved affordable housing and reduced conversions as intended. As stated above, the Minnesota Court of Appeals ruled that Winona was within its authority to limit the number of rental licenses it issued. The court ruled that the record established Winona determined the conversion of owner-occupied homes to rental properties and the concentration of such properties in some neighborhoods began to have a negative impact on the quality and livability of those neighborhoods. Therefore, the ability to deal with the negative impacts was a valid use of the Winona's police powers. The court also ruled that the 30% rule did not violate the Minnesota Constitution. The court noted that because the 30% rule was put in place after a long, deliberate information-gathering process, it was not an unreasonable, arbitrary, or capricious interference with private interests, and therefore allowable. It should be noted that the Court of Appeals did not address whether the 30% threshold was an appropriate threshold. The parties did not challenge where the limit was set, but instead only that a limit was in place. While the case did go to the Supreme Court on review, that court did not provide any additional guidance to this matter or a ruling on the questions raised in the case. At the time the issue got to the Supreme Court, the changed circumstances of the property owners rendered the case moot and so the Supreme Court refused to rule on the other issues. 471082v2 BR291-4 City Considerations The case affirms that the City has the authority to restrict the number of rental licenses it issues as long as those restrictions are not set in an arbitrary and capricious manner. Before setting a limit, it will be important for the City to study the issue and determine what, if any, negative effects rental housing is having on the City. Ideally the study would result in a statistical analysis showing the effects of rental housing in the City including the effects on crime, parking, zoning violations, etc. Likewise, the City will need to have solid reasoning to determine a limit on rental housing. If the City were to simply adopt a limit without valid reasons on how it set the limit, a court may determine the limit is arbitrary and capricious and overturn it. It is clear that Winona went through a detailed and thorough process before adopting its 30% rule. The City would need to proceed with a similar process before adopting any similar restrictions on rental housing. TJG: 471082y2 BR291-4 Attachment: Statistical Information, Density Requirements Other Cities, The following tables include general information relating to the increase in the number of rental properties, housing trends, and other city service impacts. -- --- --=---=-- Number on: kurr - (JIUI Single Pending Duplex Family Multifamily Total Percentage Difference January 1, 2008 287 N/A N/A 75 362 January 1, 2009 321 N/A N/A 75 396 9.39 January 1, 2010 489 27 47 75 638 61.11 January 1, 2011 478 35 47 (74 Units)74 634 -0.63 January 1, 2012 569 33 47 (74 Units)74 723 14.04 January 1, 2013 643 34 47(74 Units)74 751 3.87 January 1, 2014 701*52 47(74Units)74 827 10.12 January 1, 2015 698 29 46 (76 Units)74 847 2.42 November 1, 2015 746 15 46 (76 Units)74 881 4.01 *Included Humboldt Ct Condos 36 separate licenses prior to conversion to apartment The following chart shows the trends of mortgage foreclosures, registered vacant properties and licensed single family rental properties. E WOO to) Rk 00 -- -- _________ i5 \ill) - - - 1cãi- [iJ umfik _____________________________________nu .. N Ir ciIi itR r-'tU ft i ' Issued (thru Active Issued Issued Issued Active Issued W7 Active Issued Active 11/03)(11/03) License 2010 2011 2012 2012 2013 2013 2014 2014 2015 2015Category Type 79 (23%)322 (41%)85 (18%)375 132(24%)282(33%)102(20%)301 72 -3 Year 194 (45%)(36%) Type 11 156 (45%)359 (45%)230(48%)356 218(40%)428(51%)192(38%)408(48%) 77- 2 Year 208 (43%) Type 111 80 (23%)77 (10%)86(18%)24(3%)103(19%)91(11%)109(22%)10527 -1 Year 48 (13%) Type IV 33 ( 9%)30 (4%)75 (16%)76(9%)90(17%)42(5%)103(20%)2813—6 Months 20 I 1 (3%) *Active means the number of rental licenses active and valid at a given point of time regardless when it was issued. For example, a Type 1-3 year rental license- may be issued in 2012; however it remains active through 2013 and 2014. Further,the active license number does not include licenses pending or in the licensing process. Rental-Type III- 1 Year 13% 7Rental Rental-Type IV- 6 Months Rental-Type 1-3 - Year 37% Athie Single Family Rental by Type License Type Rental-Type 1-3 Year Rental-Type 11-2 Year Rental-Type Ill-i Year Rental-TvDe IV-6 Months Single Family 271 345 100 2 or more Units 54 46 14 4 The rate of police calls for service and property code violations are higher at rental properties compared to owner-occupied properties. Police calls for service (cfs) are 3.03 cfs at rental properties compared to 1.13 cfs at owner-occupied properties. This is for the time period of 01/01/15 through 12/10/15. This is based on a total of 800 single family rental properties and 7,235 owner-occupied single family properties. Police Calls for Service Average Per Property 01/01/2015 - 12/10/2015 Neighborhood Health Review: In reviewing the effect of a higher number of rental properties on neighborhoods, staff conducted physical surveys of homes in six neighborhoods. There were 3 groups of 2, in different areas of the city. Each group had a neighborhood with a higher percentage of rentals and a neighborhood with a lower percentage of rentals. Properties within each neighborhood were rated based on 18 different categories. The categories included; Siding material, siding condition, garage stalls, garage condition, lawn condition, trees, condition of plantings, landscape maintenance, appearance of front entry, driveway material, driveway condition, roof condition, exterior lighting, architectural elements, nuisance code violations, and overall appearance. In two of the three groups the neighborhood with lower density of rentals scored higher. The following chart provides a brief summary of the results. The group where the higher density of rentals scored slightly higher was a group that had overall lower scores. Ave rage Neighborhood Score I II O3. I I Rental Density information at Other Cities: Part of the analysis included a review of other cities near Brooklyn Center, the number of rental properties, and impact on their city. Census data City # of rental units Total number of units Brooklyn Center 3,786 11,640 32.5% Brooklyn Park 7,293 27,841 26.2% Fridley 3,839 11,760 32.6% Golden Valley 1,959 9,349 20.9% Maple Grove 2,939 23,626 12.4% New Hope 3,576 9,051 39.5% Plymouth 7,907 29,982 26.4% Robbinsdale 1,817 6,416 28.3% Cities with density restrictions Mankato 6,885 15,784 43.6% Northfield 1,972 6,832 28.9% West StPaul 3,572 9,139 39.1% Winona 4,312 10,989 39.2% Staff contacted each city to get a further break down of the number of single family versus multi- family rental units. City # of single family rental units Total number of units Percentage Brooklyn Center 761 11,640 6.5% Brooklyn Park 2,300 27,841 8.3% Fridley 900 11,760 7.7% Golden Valley 406 9,349 4.3% Maple Grove 564 23,626 2.4% New Hope 545 9,051 6.0% Plymouth 1,551 29,982 5.2% Robbinsdale 775 6,416 12.1% Summary of rental density ordinances at other Minnesota Cities: There are four cities with rental density restrictions. Each city's ordinance was reviewed to understand the restrictions and a brief summary of each ordinance is provided below. City of West St. Paul: City of West St. Paul has the most restrictive rental density program of the four cities. West St. Paul adopted the rental density ordinance in 2006, however, in 2012 the rental density restriction was limited to RI zoning districts. The rental license program requires the submission of a rental license application and the property must pass a rental license inspection. The term of each license is 12 months on a rolling calendar. According to City ordinance Section 435.05 subd. 12 Rental Density for Single Family Rental Dwellings, in Ri zoning districts no more than 10% of the single family lots on any block shall be eligible to obtain a rental license. Below is the chart in the ordinance indicating how many rental licenses will be issued based on the number of units on each block. # of total units on block Number of allowed rental licenses on block 1-14 1 15-24 2 25-34 3 35-44 4 45-54 5 55-64 6 65-74 7 75-84 8 85-94 9 The City may grant Temporary Licenses if the number of rental properties exceed the 10% rule (Section 435.05 subd. 12.c) and the owner would be required to hire a professional property management company to manage the property. However, the City Council would still have frill discretion whether or not a temporary rental license would be issued. All temporary rental licenses would be required to renew on an annual basis. City of Northfield: City of Northfield adopted the rental density requirement in 2007. The rental license program requires the submission of a rental license application and the property must pass a rental license inspection. The term of the rental license is two years. City ordinance 14-97 states that in R- 1 and R-2 zoning districts no more than 20% of the houses on a single block shall be granted a rental housing license. The city does not have a chart indicating the number of rental licenses that it will grant based on the number of property on a single block. The City offers a temporary license (14-99) valid for 12 months and offers a one-time extension not to exceed 12 months. The owner must apply to receive a temporary license and the owner must meet or meeting one of four outlined conditions within the next 30 days. 1.The property owner is currently taking, or will be taking, an extended leave of Absence from the property owner's place of employment for a duration six months or more where the property owner or the property owner's family do not reside at the property; or 2.The property owner is involved in a bankruptcy or foreclosure proceeding directly involving the property and property owner; or 3.The property owner (i) is currently or will become unemployed, or (ii) has or will have a change in employment status resulting in a loss of income or in the relocation of the property owner more than 20 miles away from the city; or 4.The property is being or will be actively listed or offered for sale to the public by the property owner. City of Mankato: City of Mankato adopted the rental density ordinance in 2008. The rental license program requires the submission of a rental license application and the property must pass a rental license inspection. The term of the rental license is three years. City ordinance, Sec. 5.42. subd. 20, allows for no more than 25% of the lots per block to obtain a rental license. Below is the chart in the ordinance indicating how many rental licenses will be issued based on the number of units on each block. # of total units on block Number of allowed rental licenses on block 1-4 1 5-8 2 9-12 3 13-16 4 17-20 5 21-24 6 25-28 7 29-32 8 33-36 9 37-40 10 41-44 11 45-48 12 49-52 13 53-56 14 57-60 15 61-64 16 65-68 17 69-72 18 73-76 19 77-80 20 81-84 21 85-88 22 89-92 23 93-96 24 97-100 25 Mankato may grant a temporary rental license; however, the license is not to exceed 6 months and may be renewed at the City Council discretion if the property is actively marked for sale. To obtain a temporary rental license the property must fall into one of two categories. 1.The property is being sold and the owner and the owner's family are not residing at the property. 2.The owner and the owner's family are not residing at the property and the occupants are providing a caretaking function for the property. City of Winona: City of Winona adopted the rental density ordinance in 2008. The rental license program requires the submission of a rental license application and the property must pass a rental license inspection. The term of the rental license is five years. Ordinance 33A.03.i states that no more than 30% of the lots on any block shall be eligible to obtain a rental license. Below is the chart in the ordinance indicating how many rental licenses will be issued based on the number of units on each block. # of total units on block Number of allowed rental licenses on block 1-3 1 4-6 2 7-10 3 11-13 4 14-16 5 17-20 6 21-23 7 24-26 8 27-30 9 31-33 10 34-36 11 37-40 12 41-43 13 44-46 14 47-50 15 51-53 16 54-56 17 57-60 18 61-63 19 64-66 20 67-70 21 71-73 22 74-76 23 77-80 24 81-83 25 84-86 26 87-90 27 91-93 28 94-96 29 97-100 30 The city offers a temporary rental license or properties that are on blocks that exceed the 30% rule, however, there are five criteria outlined in 33A.03 .iii that must be met. The temporary license may not exceed 12 consecutive months and must meet the criteria. 1.The property is actively being offered for sale to the public by the owner, or by and authorized agent of the owner, during her license term. 2.The property shall be temporarily licensed for rental purposed only if the property complies with all applicable city and state rental housing requirements. 3.The property shall be licensed only for one of the following: (a) on adult living alone; or (b) two unrelated adults living together with- any dependents by birth, adoption, or law; or (3) any number of persons related by blood, marriage, adoption, or law. 4.The temporary rental housing license shall terminate immediately upon the closing of a sale of the property to a purchaser or at the end of the license term, which ever event first occurs. 5. A copy of the lease agreement shall be deposited with the City's Community Development Department within one week from the date of the execution of the lease. Defining a Block Each city differs in how it defines a block. None of the cities used the census block definition and created its own block definition. Further the interpretation of the block definition is relied upon staff City Density Restriction Block Definition Mankato 25%(5.42 subd.20.Bl) .. .land enclosed within the perimeter of streets, watercourses, railroad right- of-way; public parks, municipally owned lands, and City boundaries, unless otherwise depicted on the attached map. Northfield 20%(14-97) . . . as houses on both sides of a street between successive intersecting streets or between other such boundaries, railroad rights of way, corporate limit lines, or physical features such as rivers, outcroppings, ponds or lakes. Corner houses shall be included in the count of houses on a single block, regardless of which way they face or on what street they are addressed (corner houses may be counted as part of more than one single block). West St Paul 10%(435.05 subd.12.a.1) . . .an area of land enclosed within the perimeter of streets, watercourses, public parks, municipally owned lots, and city boundaries. Winona 30%(33A.03.i) . . . a group of properties bounded entirely by streets, public land, railroad rights of way, zoning districts lines, corporate limit lines, or physical features such as rivers, outcroppings, ponds, or lakes; provided that final delineation of a block shall be made by City staff. Sample Ordinance Language City of Mankato In cases in which one portion of the block is not subject to the application of this ordinance, only the affected portion of the block is subject to this regulation. B.The following shall apply to the determination of eligible lots: For the purposes of this Subdivision, a block shall be defined as an area of land enclosed within the perimeter of streets, watercourses, railroad right-of-way; public parks, municipally owned lands, and City boundaries, unless otherwise depicted on the attached map. The attached map depicts the boundary of blocks for the purpose of establishing the number of lots in a block. 2. This Subdivision shall apply to legally conforming lots of record and legally nonconforming lots of record, as defined in Chapter 10, in existence at that time of the effective date of this ordinance or approved by new subdivision of unpiatted and undeveloped property after the effective date of this ordinance. For the purposes of this Subdivision, lots of record may also be referred to as "properties", "property", or "Lots". C.For the purposes of this Subdivision, the following shall apply: The Council hereby adopts the attached map that depicts the area of application of this ordinance, and the boundary of blocks. The map may be amended by City Council resolution and without public hearing. 2. Properties licensed for rental purposes on the effective date of this ordinance shall be included in the calculation of the number of permitted rental properties in a defined block. Subd. 20. Rental Density. Not more than twenty-five (25) percent (rounded up) of the lots on any block shall be eligible to obtain a rental license or to be licensed as a rental property. A. When determining the number of eligible lots on a block for rental license purposes, the number shall be the lowest number that results in twenty-five (25) percent or more of the residential lots being rental. The following table indicates how many lots are able to be licensed as a rental property based on the number of lots that exist in a block. Lots Rental Lots Rental Lots Rental Lots Rental Lots Rental -- ---------r"'--------------------------------------- 7 49-52 13 73-76 19 I 97-100 251-4 1 25-28 5-8 2 29-32 8 53-56 14 77-80 20 - --9-12 3 jF 33.36 '-- --- - -81-84 21 1 rj r 85-88P 17-20 -514144 -11 --65-68 -17 ..8992 23 - 21-24 6 1245-49 69-72 18 ' ------------ Subd. 21. Temporary Rental Licenses. A. Temporary rental license may be granted by the City for unlicensed properties to an owner of property for a period not to exceed six (6) months for the following circumstances: 1.The property is being sold and the owner and the owners family are not residing at the property. 2.The owner and the owner's family are not residing at the property and the occupants are providing a caretaking function for the property. Six (6) months from the date of issuance, the temporary rental license shall expire and is not subject to renewal, unless otherwise approved by the City Council. The Council may approval additional extensions provided the property is being actively marketed for sale. Temporary rental licenses are not transferable to new owners. (Ord. of 3-23-2009) The issuance of temporary rental licenses shall conform to all standards of Chapters 5, 10, and 13, except the Building Official may grant variances from Chapter 13 provided critical life safety requirements are met. 3.If the number of rental properties equals or exceeds the permitted number of rental properties per defined block on the effective date of this ordinance, no additional rental licenses shall be approved for the block. Existing rental licenses may be renewed and transferred per Section 5.423: however, should a rental license not be transferred or renewed, or if the rental license is revoked or lapses, the rental license shall not be reinstated unless in conformance with this Subdivision and other applicable Sections of the Mankato City Code. 4.Temporary rental license issued per Section 5.42, Subdivision 21, shall be exempt from this Subdivision. 5.Rental licenses for State Licensed residences shall be exempt from this Subdivision. If the property is no longer licensed by the State of Minnesota, a new rental license application shall be submitted and reviewed for compliance with this Subdivision and other applicable Sections of the Mankato City Code. 6.In the Office-Residential District located within the City Center Planning Area. as defined in the adopted City Center Renaissance Plan, a rental license may be issued to a lot within a block that exceeds the 25 percent permitted number of rental licenses, provided the ground floor(s) of all principal and accessory buildings on the lot, and any other floors below the ground floor, are occupied and used for a non-rental permitted and/or conditional use and the rental use of the property is confined to floor areas located above the ground floor(s). S I 2I-2 2--2u 3 H L4I% ILHI.I 11-13 'H 14 cl Hi City of Winona (j Limitation of rental housingLin loyi densit y neichbor!WQ In R-R, R-S, R-i. 1.5 and R2 districts of the city, no more than 30 percent (rounded up) of the lots on any block shall he eligible to obtain certification as a rental property, including homes in which roomers and!or boarders are taken in by a resident family. A block is defined as a group of properties bounded entirely by streets, public land, railroad rights of way, zoning district lines, corporate limit lines, or physical features such as rivers, outcroppings, ponds or lakes; provided that final delineation of a block shall be made by City staff. When determining the number of eligible properties on a block, the number shall be the lowest number that results in 30 percent or more of the residential lots being rental. The following table indicates how many lots are able to be certified as rentals based on the number of lots that exist on a block. JA)I%IZU11 t.i i.1 17 -21) t.iit, tiui l-$ Ill 7- _u 7173 2: 7 ) 21 Reiuii SI.S3 In cases in which one portion of the block is in an affected zone and another is in an exempt zone, only the affected portion is subject to this regulation. (i) Exceptions This limitation shall not apply to state licensed residential facilities nor to rental properties which are validly licensed as of the date of adoption of this ordinance. The latter will be counted among the 30 percent of allowable rental houses for purposes of determining whether new licenses may be issued, Exempt District S, Poperty nlocated within the following zong districts are o>empt from this rule: A C R MHP C 1, R B I U 2, B -2— 13 M-1, and M-2. mmporary Rental License. Notwithstanding the foreqNng, a property owner, whosc property is subject to the 30 percent imUatiOfl, may obtain temporary rental license for his or her property for a period of time not exceeding 12 consecutive months under the following conditions: I The property is actively being offered for sale to the public by the owner, or by any authorized agent of the owner, during the license term 2. The propeny shall be ternporanly licensed for rental purposes onty it the property coinphes with afl applicable City and State rental housing requirements. 3 The property shall be Icensed only for one of the following. (a) one adult livinq aione, or (b) two unrelated adults living together with any dependents by birth, adoption or law; or (C) any number of persons related by blood, marriage, adopon, or Law. The temporary rental housing license shall terminate immediately upon the closing of a sate of the property to a purchaser or a the end of the license term, whchever event first occurs 5. A copy of the lease agreement shall be deposited with the City's Community Development Department within one week from the date of the execution of the lease BROOKLYN CENTER, MESOTA AN IMPACT ASSESSMENT OF 'EMERGENCY' RENTAL HOUSING RESTRICTIONS Prepared for the City of Brooklyn Center By the Minneapolis Area Association of REALTORS ® Department of Research and Economics Staff Contact: David Arbit, MCRP DavidA@MPLSrealtor.com (952)-988-3150 November 2015 "It's always better to have occupied homes than vacant homes." —Mayor Tyra-Lukens (Eden Prairie) I.Introduction The challenge of exactly how to deal with rental properties—particularly those in urbanized areas near large job centers, universities and other economic drivers —is one of the more complex issues facing today's policy-makers and city planners. Those who support rental restrictions or moratoria on rental conversions claim that neighborhoods change too much when too many homes are converted to rentals. Opponents of such ordinances cite the importance of respecting private property rights, the fact that this activity is market-driven and point out that restriction not only harms consumer choice but can lead to outcomes worse than the problem they set out to solve. There's also the reality that certain segments of the population are more apt to utilize rental housing: this is especially true amongst young adults and seniors. II.Housing Analysis Figure I shows a variety of housing metrics for Brooklyn Center as well as for other related geographies, including the percentage of units that are renter- versus owner-occupied, as well as occupancy and vacancy rates.' Hennepin Brooklyn United States Minnesota County Center Total housing units 131,704,730 2,347,201 509,469 11,640 Occupied housing units 116,716,292 2,087,227 475,913 10,756 %88.6%88.9%93.4%92.4% Vacant housing units 14,988,438 259,974 33,556 884 %11.4%11.1%6.6%7.6% Owner occupied units 75,986,074 1,523,859 306,121 6,970 %65.1%73.0%64.3%64.8% Renter occupied units 40,730,218 563,368 169,792 3,786 %34.9%27.0%35.7%35.2% Vacantunits - forrent 4,137,567 48,091 13,951 441 %276%18.5%41.6%49.9% Vacant units - for sale 1,896,796 30,726 6,571 182 %12.7%11.8%19.6%20.6% (Source: US Census ACS) Exactly 64.8 percent of Brooklyn Center housing units are owner-occupied. That is consistent with a 65.1 percent owner-occupancy rate in the U.S., but lower than the 73.0 percent rate in Minnesota. The data in Figure I also show that renter-occupied units make up the remaining 35.2 percent of all occupied units in Brooklyn Center. That figure climbs to 42.0 percent for zip code 55429, greater than the U.S. as a whole, Minnesota and Hennepin County. This demonstrates the prevalence of rental housing among residents and thus the importance of preserving and even expanding the number of rental units. 1 The area columns at the top reflect a nested geography methodology whereby each geography reflects smaller and more specific areas that are—for the most part—wholly contained within the preceding area. 2 While Brooklyn Center's 7.6 percent vacancy rate is lower than the U.S. and Minnesota, it is higher than the immediately surrounding Hennepin County. Of those vacant units, approximately 50.0 percent (49.9 to be exact) of them are "for rent—nearly twice the share than that of the U.S. and nearly three times the share for Minnesota. In other words, of Brooklyn Center's vacant properties, half of them would remain vacant in the face of a rental license moratorium—which could invite more and worse challenges for the city. Of the rest of the vacant units, about 20.0 percent are "for sale." If a homeowner is unable to sell, he or she may prefer to rent the home to obtain cash flow in the short term - which can fund needed maintenance and repairs. And by limiting a property owner's future right to rent, those considering buying a home in the city might think twice if this important option is not available to them. The overall makeup of renter- versus owner-occupied properties in the city indicate a strong need for and use of rental properties. Figure II below shows moderate recovery since the economic downturn in terms of unit sales, though traditional buyer demand is still well below 2005 levels. Figure III below shows the median sales price in Brooklyn Center compared to the metro area as a whole. Though there is a gap between Brooklyn Center sales prices and the Twin Cities metro as a whole, prices are rising in the metro as well as in the city. In fact, the rate of price increases in Brooklyn Center has far outpaced the metro region in almost every month of 2015. If home prices rise faster than household incomes, the need for plentiful rental housing becomes that much more important. Figure II Closed Sates 600 500 400 300 200 100 1200! 1-20! 1-2007 1-2002 1-2000 1-2010 1-2011 1-2012 1-2013 1-2014 0.2015 ero1.5,, CenlO,T,athti3nal Figure III Median Sales Price 0240K -5220K 526010 $100K - 0160K 0040K S12OK - Bsoo}0 Center - ThIS Cites Region 0100K . -- 0-2005 1-2006 1-2007 0-2000 0-2000 1-2000 1-2011 1-2012 1-2013 1-2014 1-2016 ErSSlOtn Center &T-1n Cities Region: Traditional Fkiju V Quickfacts - Minnesota Hennepin County Brooklyn Center Population, 2014 5,457,173 1,212,064 30,729 Population, pct change - 2010 to 2014 2.90%5.20%2.00% Living in same house over 1 year 85.60%82.60%84.20% Foreign born persons, pct 7.30%12.90%23.20% Homeownership rate 72.50%63.70%63.80% Housing units in multi-unit structures 21.60%36.30%28.10% Persons per household, 2009-2013 2.47 2.38 2.65 Per capita income (2013 dollars)$30,913 $37,485 $21,275 Median household income $59,836 $64,403 $46,149 Persons below poverty level 11.50% -12.80%19.00% Figure IV demonstrates a number of important considerations to take into account before implementing new housing restrictions. First, Brooklyn Center's population is not what some would call "transient." In fact, more people in the city have lived in their current home for over I year (84.2 percent) than in Hennepin County as a whole (82.6 percent). As further evidence, the homeownership rate is 63.8 percent in Brooklyn Center—slightly higher than the 63.7 percent homeownership rate in the surrounding county. Second, almost twice the share of the population in Brooklyn Center is foreign born (23.2 percent) than in Hennepin County (12.9 percent). Foreign-born families and individuals typically rent first before considering homeownership. This is well-documented by the Center for Immigration Studies, Harvard's Joint Center for Housing Studies and others. This means having adequate access to safe, affordable rental options are especially important in Brooklyn Center. 4 Third, per capita and household incomes are lower in the city than in the surrounding county. Homeownership simply isn't achievable for everyone at any given time. But with access to adequate rental units, families can have stable housing situations while they work hard to save for a down payment. Additionally, it is important to note that the number of single family units that are renter-occupied via current license is 746, which accounts for less than 7% of the total occupied housing units in the city. Relatively, the number of single-family homes that are not owner-occupied are a minor cohort in Brooklyn Center's housing market - even with a 150% increase in rental licenses issued since 2008. Bear in mind also that the increase in rental license applications for single- family homes is trend that has been seen throughout the region, for legitimate economic and demographic reasons. The a real estate market has seen increased demand for single-family rentals across the metro, from a variety of sources - including families who are re-entering the housing market after enduring significant financial hardships during the economic downturn, and new residents who have been recruited to the Twin Cities for employment opportunities. With the documented worker shortage in the metro region, businesses are increasingly turning to talent pools in other parts of the country, or the world - and many of those new residents prefer to rent a home before buying one. Ill. Demographic Analysis With a median age of 33.2 versus 36, Brooklyn Center's population skews slightly younger than the surrounding county. Young adults tend to preserve their mobility, perhaps more so now than in previous generations. And with a younger population, it's plain to see how a city-wide rental restriction would disproportionately and adversely impact a significant number of Brooklyn Figure V Age Breakdown Brooklyn Center Hennepin County Minnesota <5 years 8.00%6.60%6.70% 5 to 9 years 7.90%6.20%6.70% 10 to 14 years 5.90%6.10%6.60% 15 to 19 years 6.60%6.20%6.90% 20 to 24 years 6.00%7.00%6.70% 25 to 29 years 8.70%8.80%7.00% 30 to 34 years 9.00%7.80%6.50% 35 to 39 years 6.60%6.50%6.20% 40 to 44 years 6.60%6.80%6.70% 45to49years 5.40%7.10%7.70% 5oto54years 6.10%7.40%7.60% 55 to 59 years 5.80%6.60%6.60% 60 to 64 years 4.50%5.30%5.30% 65 to 69 years 4.00%3.60%3.80% 70 to 74 years 2.60%2.50%2.90% 75 to 79 years 2.30%2.00%2.30% 8oto84years 1.80%1.60%1.90% 85 years+2.20%1.90%2.00% Median age 33.2 36 37.4 Source: US Census Center residents. Today's younger generations have been slow to enter into homeownership, and for a variety of reasons, many are electing to rent rather than buy. Brooklyn Center's youthful population indicates a higher likelihood that residents will prefer or need to rent, rather than buy, housing. Brooklyn Center has a higher share of 30-39 year olds than both the county and the state. This is a very common age for forging new households. Without adequate rental options available, the city risks losing this vibrant, innovative and productive group with high rates of labor force participation. Many in this group form small businesses that can be strong economic growth engines and meaningful contributors to the local tax base. IV.Economic Analysis Nothing occurs in a vacuum. When considering wide-reaching rental ordinances, it's important to keep in mind the state and composition of the labor market and broader economy. Figure VI Avg. Weekly Wage Percent of All Jobs Hennepin Brooklyn Hennepin Brooklyn Industry County Center County Center Total, All Industries (000000)$1,387 $943 100.0%100.0% Natural Resources and Mining (1011)$1,238 --0.1%-- Construction (1012)$1,318 --2.8%-- Manufacturing (1013)$1,534 $1,110 8.5%17.1% Trade, Transportation and Utilities (1021)$1,188 $837 18.1%23.8% Information (1022)$1,866 $729 2.4%0.6% Financial Activities (1023)$3,005 $1,848 10.4%3.7% Professional and Business Services $1,639 $1,280 20.7%14.0% Education and Health Services (1025)$952 $795 22.2%23.2% Leisure and Hospitality (1026)$461 $295 8.9%8.4% Other Services (1027)$672 $741 3.1%3.3% Public Administration (1028)$1,200 $1,340 2.8%3.3% Source: MN DEED, 2015 Of all jobs in the city, 23.2 percent are in the Education and Health Services field, with an average weekly wage of $795—the fourth lowest paid industry. Another 23.8 percent of jobs are in Trade, Transportation and Utilities, with an average weekly wage of $837—the fifth lowest paid industry. Leisure and Hospitality and Other Services combined make up nearly 12.0 percent of city jobs and those industries have the lowest and third lowest typical wages. Higher- wage jobs in Professional and Business Services and Financial Activities together only comprise less than 18.0 percent of all employment. Figure IV shows Brooklyn Center's current (2014) median household income at $46,149. With wages lagging behind Minnesota as a whole and Hennepin County, it's evident that additional housing restrictions would not only adversely affect an already vulnerable population's ability to secure quality housing, it would also cause rental prices to rise by diminishing the supply of rental units while demand is increasing. The city's fragile stage of economic recovery indicates that a notable number of current and future residents will still require rental housing in the coming years. The importance of available rental as part of a stabilizing economy cannot be overestimated—rental homes, and single- family rentals especially, are very often stepping stones for households on their paths to homeownership and to greater economic security. V.Policy Concerns Changing Housing Needs: Policymakers may not understand how quickly housing needs can change. Job relocation, active-duty military deployment, financial hardships, medical illness, and the changing housing needs of seniors can very quickly and unexpectedly change housing needs. Enacting an overlay regulation that restricts rentals could exacerbate hardships on these would-be sellers, where housing demand may otherwise exist but for the rental restrictions. Workforce Housing: It is crucial for municipal policies to support and create housing that is accessible to people across a range of incomes, and to ensure those who work in fields such as education, health care, retail, service, and public defense can live within areas of their choosing. As we consider resident incomes and housing affordability, it is important to also evaluate the housing market of the region. Home sale price data in Figure III highlights how the City of Brooklyn Center has had a slower market recovery than the Twin Cities region. We see a clear and persistent gap in the trend lines between the two geographies. Limiting the ability of homeowners to rent their properties is unlikely to help close that gap. Figure VII Closed Sales -By Seller Type —TraSlOonsi — Lander-Oleniated 600 ------ ----------.------- -- -------------------------------------------- -------- 000 400 300 200 100 1-2005 1-2005 9-2537 1-2008 1-2009 1-2310 1-2011 1-2012 -2013 1204 1-2313 Er0c1,n Cefltn, Additionally, when evaluating closed sales by seller type, the data from Figure VII indicates that the Brooklyn Center market was hard hit by foreclosures. In fact, less than three years ago, the majority of sales in the city were either foreclosures or short sales. Limitations on the ability of homeowners to rent their properties could cause an uptick in foreclosure activity, which could bring down surrounding prices and tax base. Marketability and Value Issues: Policy decisions, such as those that limit individual property rights, can have an impact on the marketability of homes in a city. If the rental license moratorium is continued, the city council can expect a negative effect on the value of properties. From a buyer's perspective, a home that can be used as a rental is generally more desirable than a comparable one that cannot be rented; this is true even if their intent is to reside in the home. Rental Density Issues: Implementing a city-wide rental license moratorium creates a de facto Density Ordinance. These types of ordinances tend to increase vacancy rates; rental density ordinances that restrict the ability of owners to rent may lead to the unintended consequence of increased vacancy rates. Owners left without an ability to sell or rent a property may find little choice left then to let the homes become abandoned or go into foreclosure. VI. Conclusions The Minneapolis Area Association of REALTORS® understands the City's challenge in navigating the conflicts that sometimes arise between the renter and property owner communities. MAAR also supports the City's desire to encourage harmonious living environments in our neighborhoods. However, by enacting an outright moratorium on rental licenses, we believe that the policy action not address the root problem, and also that the prohibition on new rental licenses, however temporary, could do fundamental economic harm to the city's current and future residents. MAAR sees many areas of opportunity for the City to consider. Enforcement of Current Codes: While there does not appear to be a compelling basis for the rental license moratorium, it is clear that better enforcement of existing ordinances (i.e. public nuisance ordinances, occupancy and building codes) would be the preferable approach for protecting the character of existing neighborhoods. Better Coordination of Efforts: MAAR suggests continued cooperation and coordination between city officials community stakeholders, tenants, landlords, police officers and neighbors is the most effective strategy and is preferable to the perpetuation of the rental license moratorium. Like many things, housing exists on a spectrum, and it is critical to preserve all options on that continuum, as they each play a key role in the housing economy and increase consumer choices and opportunities. It is both unfeasible and imprudent for all households to be owner- occupied. The consequences of underqualified individuals owning property without adequate financial support when an economic downturn strikes are well documented—the Great Recession being the most recent. At some point, many citizens either have to or choose to utilize rental housing. When large- scale, city-wide rental restrictions come into play, it not only limits what private property owners can and cannot do with their property, it also revokes the power of choice from so many consumers— from younger citizens attending school or early on in their careers to aging adults seeking supportive housing. These restrictions often force vulnerable populations into sub- standard housing, force them to move farther and farther away from school or work, or may even drive people out of the city or region entirely. MAAR strongly encourages the City of Brooklyn Center to consider the many positive opportunities to improve neighborhood livability and resident interaction - these options (in stark contrast to a rental license moratorium) will better support all the citizens of Brooklyn Center economically and socially. Rental Property Census Block Density (Excluding Rentals with 2 or more units) (Only includes RI and R2 Parcels) --- TEi t 17 5C ELI T __ - —- T - /\'\ / \ \ \ \ ri4 ___ 11 LL ki TIF _ BrooklynCenter - - ,fl Legend Single Family Rentals in R1 & R2 Only Geocoding Result: MDH Facilities Rental Duplex Active Percent of Rental A 0.000000 - 0.999999 - __________ l • _______________ /RI 10.000000 - 14.999999 5.000000 - 9.999999 15.000000 - 19.999999 20.000000 - 24999999 25.000000 - 29.999999 30.000000 - 34.999999E ::::::::: Parcels City Border - World Street Map fL // -\ 0 6501,300 2,600 3,900 5,200 6,500 7,800 9,100 10,400 11,700 13,000 Feet Map Note: -- jP::i_ N This map is for illustrative purposes only. Information contained in this map is - accurate to the best of our knowledge. •— •. Map Date: 3/10/2016 • March 14, 2016 Brooklyn Center City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Willson and Members of the Council, On behalf of the Minneapolis Area Association of REALTORS® and the more than 7,500 REALTORS® members in the Minneapolis area, many of whom live and work in Brooklyn Center, we respectfully oppose the proposed amendments to Brooklyn Center City Code Chapter 12, Section 12-901 regarding ‘Limiting the Density of Rental Housing.’ Specifically, REALTORS® oppose the addition of Section 12-901.10 that reads: Limitation of rental housing in low density neighborhoods. In R1 and R2 districts of the city, not more than 30 percent (rounded up) of the lots on any block shall be eligible to obtain a rental housing license. REALTORS® believe in homeownership and private property rights. REALTORS® believe the ‘ability to buy, sell, or let for rent’ is a fundamental right of private property ownership. While the city retains general ‘police powers’ with respect to land use, zoning, and other ordinances that protect health, welfare, and general order in their community, the city should also uphold the rights of property owners. Cities should not unfairly restrict homeowners’ abilities to exercise their fundamental private property rights. REALTORS® are opposed to the Rental Density ordinance (a.k.a. “Rental Density Cap”) because: It confers rights to some homeowners while simultaneously denying those rights to others; It will create vacant property because an owner is unable to sell or rent the home; It damages housing affordability by limiting the supply of a variety of housing options; and REALTORS® seek to protect the private property rights of all Minnesota homeowners. Rental property is a critical part of the life and housing cycle for most people. REALTORS® seek to remind members of the public and the council about some important aspects of rental property. First, most current renters state that homeownership is among their future goals. However, those renters need to be able to obtain stable and affordable housing in the area of their choice in order to position themselves to be financially able to purchase a home. Rental density ordinances foster unaffordability by limiting the availability of housing within the city, and create an atmosphere that is unwelcoming to renters – many of whom are women and minorities. Second, the difference between owning and leasing a property is merely a difference in the financial instrument used to obtain one’s home. The “use” of the property by a tenant is no different than that of an owner-resident. Heading off to work, living, sleeping, participating in local commerce, playing with and raising children – these are all aspects of everyday life regardless whether you own or rent. The city can regulate the use of properties, but not the user. Rental density ordinances can cause significant individual harm. Rental density caps can often have unintended consequences. Three out of four plaintiffs in Dean et al vs. City of Winona case were: 1) a forward-deployed (Afghanistan) U.S. Soldier who was attempting to not lose his home while ‘in-country;’ 2) a single-mother of three children, who sought to rent portions of her home to avoid foreclosure; and 3) a widowed senior citizen whom had previously been aging in place with changing health care and housing needs who was not inclined to sell her ‘nest egg’ in a depressed housing market. In the end, each of these plaintiffs were denied the right to a rental license because their neighbors had already received them. Benefits of rental density caps that are deemed only “potential” should not outweigh specific harm to constituents. Strong demand for rental property can be seen as a positive signal for Brooklyn Center. The Twin Cities, and indeed the state overall, are witnessing a healthy recovery with improving economic conditions. The economy is growing. The unemployment rate in Minnesota continues to best the national average. Minnesotans are back to work. Rental property and strong demand, when considered in a national context, are positive signs of more prosperous days ahead. Many communities nationwide would welcome the return of strong rental demand in their community. They know that quite simply, strong single-family rental demand today will very likely translate into strong single-family purchase demand in the future. It’s also worth noting that non-homesteaded properties pay a higher property tax payment and therefore contribute more to county and municipal resources. We urge the council to oppose any rental density caps in Brooklyn Center. Resist the temptation to try to solve problems on residential properties with untenable regulations. Instead, strengthen existing ordinances that solve specific issues such as deferred maintenance, unhealthy conditions, criminality, etc. Embrace those seeking the opportunity to join your community. Seek to provide them with options, incentives, and homeownership opportunities within your city. On behalf of the more than 7,500 REALTOR® members of the Minneapolis Area Association of REALTORS® and their clients who are current and future residents of Brooklyn Center, we stand ready to assist your community as you face housing challenges. We would welcome any opportunity to assist the city in finding equitable and effective solutions to property issues, especially regarding single-family rental trends. Sincerely, Julia Parenteau Vice President of Public Affairs Minneapolis Area Association of REALTORS® p. (952) 988-3124 e. juliap@mplsrealtor.com Cc: Curt Boganey, City Manager Vickie Schleuning, Assistant City Manager MAAR Executive & Government Affairs Committees Rental Regulations Policy Position Statement REALTOR® Associations of the Twin Cities Minneapolis Area Association of REALTORS® Saint Paul Area Association of REALTORS® REALTORS® understand that rental housing is a vital segment of the real estate and housing markets. A vast majority of people will rent housing at some point in their lives. Rental property often serves as transitional housing for those saving and preparing for hom eownership. Property conversion to rental can help stabilize housing markets and communities during economic downturns. Rental properties are also an important component of the state’s property tax base, paying at a slightly higher rate than homesteaded properties. For residents and communities, it is important to make sure rental properties are safe and adequately maintained. REALTORS® certainly know the value of well-kept property. It is important to remember that a property’s status as rental does not automatically imply deferred maintenance or blight. Many rental properties are very well maintained, just as many owner-occupied homes have deferred maintenance. The reasons for deferred maintenance are varied and the property’s status as owner -occupied or rental is not the sole determining factor. Furthermore, an individual’s status as a renter does not automatically imply they are any better or worse citizens than those who own and occupy their properties. Rental regulations come in many forms; we have written statements on the most common types of ordinances that municipalities may enact. Rental Density Caps – The REALTORS® Associations oppose rental density caps implemented city-wide or neighborhood-by-neighborhood. These caps restrict private property rights by limiting what property owners can do with their residences. Such policies are inherently unfair because they confer private property rights to a limited few while simultaneously denying the same rights to others. Rental density caps often result in vacant buildings, due to the inability of an owner to sell or to rent the property to tenants. Density caps may even result in discriminatory feelings or actions toward certain populations, such as students or young families. Density caps can also have the undesired impact of damaging housing affordability by limiting the availability of housing units within a neighborhood or city. Rental Property Management – Accurate recording of residential occupancy types for the purposes of resident and general public safety is acceptable, as long as such requirements do not add financial burden to property owners or tenants. Rental Inspections – We oppose any type of city-mandated property inspections without due cause to believe problems exist on the property. Every effort should be made to enforce existing municipal property maintenance codes equally upon all properties, regardless of occupancy type. Tenant and Landlord Education – We support incentive programs that encourage good landlord and tenant behavior rather than punitive systems. We support programs to educate both tenants and landlords about proper property maintenance and code requirements, their rights and recourse in cases where maintenance is necessary or where other disagreements exist, and on positive landlord-tenant relationships. We seek compliance with all applicable state and federal laws pertaining to the duties of landlords and tenants. This education may come in such forms including but not limited to: classes, written information printed and/or online, counseling, or community outreach programs. The REALTORS® Associations of the Twin Cities believe that rental housing should be viewed through the lens of private property rights, similar to other types of housing. As cities see a rise in rental units, both built and converted, there may be some push to add rules and regulations to those properties. The REALTORS® Associations want to ensure that all property and occupancy agreements can be handled freel y, while keeping in mind the safety and security of residents and the surrounding neighborhoods. City of Brooklyn Center City Council Meeting March 14, 2016 At the October 26, 2015, the City Council approved a moratorium on new single family and single family attached rental properties The purpose was to review the effects of the increase in the number of single family rental properties City have the right to restrict the number of single family rental properties. The number of single and single family attached has increased from 287 in 2008 to 746 in 2015. The rate of police calls for service and property code violations are higher at rental properties. ◦3.03 Police CFS at Rental compared to 1.13 at owner occupied ◦Properties with Code Violations is 34% at rental and 15% at owner occupied properties. The following chart provides a breakdown of the number of census blocks that are within each percent category. ◦R1 and R2 properties only ◦2 or more units rentals are excluded ◦( # of 1 unit licensed rental properties / # of R1 or R2 properties within the Census Block) 7 Census blocks exceed 30 percent 35 Census blocks exceed 20 percent % of Rentals within Census Block # of Census Blocks 0 % 107 1 – 4.9 % 36 5 – 9.9 % 113 10 – 14.9 % 70 15 – 19.9 % 30 20 – 24.9 % 18 25 – 29.9 % 10 30 – 34.9 % 4 35+ % 3 Sets the density limit at 30% Defines a neighborhood Exceptions ◦Duplexes ◦State licensed facilities ◦Currently licensed Rental properties Allows for a temporary 1year rental license in areas that exceed density requirement City Density Restriction Block Definition Mankato 25% (5.42 subd.20.B1) …land enclosed within the perimeter of streets, watercourses, railroad right-of-way; public parks, municipally owned lands, and City boundaries, unless otherwise depicted on the attached map. Northfield 20% (14-97) …as houses on both sides of a street between successive intersecting streets or between other such boundaries, railroad rights of way, corporate limit lines, or physical features such as rivers, outcroppings, ponds or lakes. Corner houses shall be included in the count of houses on a single block, regardless of which way they face or on what street they are addressed (corner houses may be counted as part of more than one single block). West St Paul 10% (435.05 subd.12.a.1) …an area of land enclosed within the perimeter of streets, watercourses, public parks, municipally owned lots, and city boundaries. Winona 30% (33A.03.i) …a group of properties bounded entirely by streets, public land, railroad rights of way, zoning districts lines, corporate limit lines, or physical features such as rivers, outcroppings, ponds, or lakes; provided that final delineation of a block shall be made by City staff. Potential Benefits ◦Decrease in police calls for service within neighborhoods. ◦Decrease in property code violations within neighborhoods. ◦Overall improvement in neighborhood appearance. ◦Potential increase in owner -occupied properties. ◦Potential improved property value stability in neighborhoods. Potential Costs ◦Decrease in home sale prices due to the restriction on potential use of the property as an investment property. ◦Increased time on market for houses for sale. ◦Negative impact to property owners desiring to rent house due to sudden change in status such as job change or death of property owner. ◦Litigation from property owners or advocates. ◦Additional staff time and resources needed to manage, educate, communicate, and enforce this requirement. 1st reading of Ordinance 2nd reading on public hearing on April 11, 2016 If approved, ordinance would be effect on May 11, 2016 May 22, 2016 Moratorium Expires Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 14, 2016 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 Discuss An Ordinance Amending Chapter 35 - Zoning of the City Code of Ordinances Regarding Decks and Porches as an Allowable Encroachment into Certain Residential Yard Setback Areas and Adding New Definitions of Decks and Porches PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses Work Session Agenda Item No. 1 MEMORANDUM COUNCIL WORK SESS]ION DATE: March 14, 2016 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development )E. SUBJECT: Discuss the Ordinance Amending Chapter 35 - Zoning of the City Code of Ordinances Regarding Decks and Porches as an Allowable Encroachment into Certain Residential Yard Setback Areas and Adding New Definitions of Decks and Porches Recommendation: It is recommended the City Council discuss and advance the Ordinance Amending Chapter 35 - Zoning of the City Code of Ordinances regarding Decks and Porches as an allowable encroachment into certain residential yard setback areas and adding new definitions of Decks and Porches. Background: At the July 22, 2013 City Council Study Session, the City Council initiated a discussion of modifying certain yard setbacks or allowing certain encroachments of porches in front yards. At the February 9, 2015 Council Work Session, Planning Staff presented a follow-up report with information related to this item, which included a comparative matrix from other metro-area and state-wide communities, with differing degrees of reduced setbacks and encroachments allowed in other cities for decks and porches. As a result of this meeting, the Council directed staff to prepare an ordinance that addressed this issue, and forwarded this item to the Planning Commission and Housing Commission for further study and recommendations. Since the February 9th meeting, the Planning Commission has been presented with considerable information from staff, and conducted open meetings and discussions related to this item on seven separate occasions in 2015, with three additional meetings in 2016. The Housing Commission also discussed and weighed-in on this issue at two separate meetings in 2015. At the November 12, 2015 meeting, the Planning Commission held a formal public hearing, and adopted a favorable recommendation of draft language to the ordinance, which included allowing certain encroachments for decks and porches in the front yards. However, before this draft ordinance was formally presented to Council, there appeared to be some confusion and concerns regarding the addition or allowance of decks in the new ordinance language. At the December 17, 2015 Planning Commission meeting, staff requested the commission to reconsider their previous November 12111 recommendation, by striking-out or excluding "decks" from the proposed ordinance. After considerable discussion between the commissioners and ]1Iissio,,: Ensuring an attractive, clean, safe, inclusive coinnuinity that enhances the quality of life for al/people and preserves the public trust k'A I 3k'A (I) 1I 1lik'A i[I1SJ[iJ I 'LI) 1 4I Iiii (I)I staff, the Commission made a motion to table the matter and ask for clarification from the City Council of the proposed ordinance and language to be studied. At the January 11, 2016 Council Work Session, the City Council was again asked to provide "direction of the proposed Ordinance Amendment regarding decks as an allowable encroachment in the front-yard setbacks"; which in turn the Council supported, provided certain standards could be applied for such structures. Following this Council Work Session, the Planning Commission met to discuss the updated (revised) ordinance amendment at the February 11 and February 25, 2016 meetings, whereby planning staff presented new amendment language; engaged in very fruitful discussion with the commission; and provided a scaled (measured) mock-ups of the decks and porches with masking tape on the floor of the Council chambers. The updated ordinance now provides for the allowance of a 36 sq. ft. roofed portico or enclosed vestibule to the front entry of a dwelling; along with some minor (housekeeping) changes. The new definitions for the deck, and enclosed and unenclosed porches were left unchanged and found to be acceptable by the Planning Commission. The taped mock-ups illustrated the differences between a 6-ft. vs. 8-ft. deep deck, which represents the maximum distance a deck can encroach into a 35-ft. front setback. By holding these two dimensions to the 100-sq. ft. max. deck area standards, each structure could potentially be a 6' x 16.5' (99 sf.) deck or an 8' x 12.5' (100 sf.) deck. Based on the mock-ups, the Planning Commission determined the 6-ft. deck was more than adequate and reasonable for the proposed ordinance amendment. Porches on the other hand were dimensioned with an 8-ft. vs. 10-ft. depth allowance, and a maximum 20-ft. width. The differences between these two porch sizes seemed negligible to the Planning Commission; and therefore they determined the 10-ft. depth deck was reasonable and recommended for approval. The Planning Commission very much appreciated this real-life, scaled examples of the decks and porches, and made their decisions accordingly, which are noted in the attached ordinance. Minutes from these last two Planning Commission meetings are attached for review. The City Attorney has also reviewed this Draft Ordinance, and approved the initial form, context and language. Policy Issue: 1) Does the City Council accept the proposed language amendment as presented under the Draft Ordinance regarding Decks and Porches as an Allowable Encroachment into Certain Residential Yard Setback Areas and Adding New Definitions of Decks and Porches? Mission: Ensuring an attractive, clean, safe, inclusive coinnuinity that enhances the qU(Ility of life for all people and preserves the public trust hY4 I 3k"A (IM1I IIBLYA EI1U[iJ I !&'LI) ti I *'f1 (I]I 2)Does the City Council wish to have this item presented for First Reading at the March 28, 2016 meeting; whereby the Council may set a Public Hearing and Second Reading of said Ordinance at the April 25, 2016 meeting? 3)Does the City Council wish to have this Ordinance sent back to the Planning Commission for further study or recommendation? Strategic Priorities: Enhanced Community Image iWission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DRAFT CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2016, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding decks and porches as an allowable encroachment into certain residential yard setback areas, and adding new definitions of deck and porches. 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 CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING DECKS AND PORCHES AS AN ALLOWABLE ENCROACHMENT INTO CERTAIN RESIDENTIAL YARD SETBACK AREAS AND ADDING NEW DEFINITIONS OF DECKS AND PORCHES. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 35=400 is amended as follows: Section 35-400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. The following shall not be considered as encroachments on yard setback requirements: a.In any yards: Off-street open parking spaces; ramps and landings providing handicap accessibility to a principal strucIuri terraces; awnings; canopies; front entry steps and landings not exceeding 10% of the area of the yard; roofed portico or enclosed vestibule not exceeding 36 sq. ft. in size: chimneys; flagpoles; air conditioner condensers; temporary seasonal swimming pools; opaque fences, hedges, or walls provided they shall not exceed four feet in height in front yards and provided they do not impede vision within the sight triangle described in Section 35-560, or a clear view of the address of the principal building. Fences, hedges, or walls may exceed four feet in height alongside interior property lines. No fence, hedge or wall shall be allowed which constitutes an unsafe sight obstruction for pedestrians or motor vehicle operators. b.In rear yards: Recreational and laundry drying equipment; arbors and trellises; balconies limited to 15% of the yard area; breezeways, open porches; detached outdoor living rooms (patios). DRAFT C. In front yards and corner side yards: Decks may encroach up to six feet (6") into the setback areas provided: 1)The entire encroachment, including stairs and attachments. must not exceed 100 square feet in area: 2)The deck provides access to the main entrance of the principal dwelling: 3)The floor of the deck is no higher than the threshold of the main entrance to the principal dwelling: 4)The underside of the deck. when viewed from the street. must be screened with a decorative lattice. skirt board. landscaping or combination of materials to at least fifty percent (50%) opaque: and 5) The deck must be constructed with quality materials, maintained in in good condition. and architecturally compatible with the principal dwelling to the areatest extent reasonably possible. d. In front yards and corner side yards: Enclosed or Unenclosed Porches may encroach up to ten feet (10') into the setback areas provided: 1)The porch must maintain a minimum 25-foot setback from the front lot line: 10-foot setback from a side interior lot line: and 20- foot setback from any street corner side-yard lot line, with steps and/or accessibility ramps excluded from this provision: 2)The width of the porch shall not exceed 20-feet along the front edge of the dwelling, and the maximum allowable size of the porch shall not exceed 200 sq. ft. in area: 3)The floor of the porch is no higher than the threshold of the main entrance: 4)No part of an enclosed porch may be used for year-round living space: 5)In cases where a corner lot dwelling has separate front-door entrances on each street-side, only one porch encroachment is allowed: 6)The underside of the porch must be screened with a decorative lattice, skirt board. landscaping or combination of materials. which is at least fifty percent (5 0%) opaque when viewed from the street: and INNOWN 7) All new elements and features of the porch. including the roof. must be architecturally compatible with the principal dwelling. Section 2. Brooklyn Center City Code, Section 35-900 is amended by adding definitions as follows: Section 35-900. DEFINITIONS. DECK - A horizontal. unenclosed, above-ground, level platform without a roof, which may be attached or unattached to a principal dwelling, including any attached railings. seats. trellises, or other features not more than 36 inches above the platform. and which platform is functionally related to a principal use. An unattached deck is considered an accessory structure in any yard. wetland. floodplain, or river corridor critical area. PORCH. ENCLOSED - A horizontal roofed platform attached to an entrance of a dwelling. with an integrated wall system consisting of roof support members such as pillars, posts or columns. and which is fully enclosed by walls. screens. windows, or removable storm-windows that cannot be accessed from the outside except through a door that is capable of beina locked. PORCH. UNENCLOSED - A horizontal roofed platform attached to an entrance of a dwelling. with a roof support system consisting of pillars. costs or columns, which may or may not have railings or knee-wall railings no higher than 36-inches from the platform level, and which does not include walls. screens. windows, or doors. Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ____ day of , 2016. Mayor ATTEST: City Clerk Date of Publication . 2016 Effective Date , 2016 (trikoot tct indicates matter to be deleted, while double underline text indicates new matter) MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA FEBRUARY 25, 2016 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:06 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners John MacMillan, Carlos Morgan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioner Alexander Morgan was absent and excused. Also present were Secretary to the Planning Commission Tim Benetti and Director of Business & Development Gary Eitel. 3.APPROVAL OF AGENDA There was a motion by Commissioner Schonning, seconded by Commissioner Morgan, to approve the agenda of the February 25, 2016 meeting. 4.APPROVAL OF MINUTES - FEBRUARY 11, 2016 Chair Christensen requested the following change to Page 6, third paragraph from the bottom. Commissioner Morgan stated his feeling that it is important and should be marketed that the City is the first major majority minority City in the state. There was a motion by Commissioner Tade, seconded by Commissioner MacMillan, to approve the minutes of the February 11, 2016 meeting as amended above. The motion passed. S. CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING ITEMS 6a) RECONSIDERATION OF ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING DECKS AND PORCHES AS AN ALLOWABLE ENCROACHMENT INTO CERTAIN RESIDENTIAL YARD SETBACK AREAS AND ADDING NEW DEFINITIONS OF DECKS AND PORCHES. PC Minutes 02-25-16 -1- DRAFT Mr. Benetti provided Commissioners with a taped mock-up of a 6' x 16' and 8' x 12' (for a recommended total of 100 square feet) deck. He stated that staff felt that the six-foot deck was the most appropriate measurement for a deck because there is no requirement to make the deck architecturally compatible as there is with porches. Commissioner Sweeney commented that the six-foot deck is more in keeping with the style of ramblers in the City. She also stated that she didn't feel that a deck in the front yard would be used for guests. Commissioners agreed on the six-foot deck Mr. Benetti provided Commissioners with a taped mock-up of an 8'x 20' and a 10' x 20' (for a recommended total of 200 square feet) porch. Discussion took place regarding the sizable investment in a porch; the size of the porch being considered an addition to the home; setbacks; the architectural flexibility given to porches as compared to the concrete standards of the deck; and the number of concrete stoops in the City that will need replacing. Commissioner Morgan stated that the Planning Commission is at the forefront and giving direction and guidelines to the second generation of decks and porches in the City. ACTION TO APPROVE NEW ORDINANCE LANGUAGE There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to allow a 6-foot deck and a 10-foot porch and to accept all other ordinance language presented to the Planning Commission. Voting in favor: Chair Christensen, Commissioners MacMillan, Morgan, Schorming, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. Chair Christensen stated that the mock-ups were useful and thanked Planning Staff for providing them. 7. DISCUSSION ITEMS Mr. Benetti talked about the Northport Elementary Site Plan that was presented to the City Council on February 22, 2016. He stated City code does not require site plan review to undergo a public hearing process; however informational meeting notices are routinely sent to neighbors within 150 feet or 350 feet of the subject site, and residents are given notice that they can attend or speak at this meeting, whether there is a scheduled public hearing or not. Mr. Benetti further stated this is different than those applications that require a published and mailed hearing notice, PC Minutes 02-25-16 -2- DRAFT 6b) RECONSIDERATION OF ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING DECKS AND PORCHES AS AN ALLOWABLE ENCROACHMENT INTO CERTAIN RESIDENTIAL YARD SETBACK AREAS AND ADDING NEW DEFINITIONS OF DECKS AND PORCHES. Mr. Benetti provided background and additional suggested revisions to the ordinance language and definitions. He asked for feedback on either a six or an eight foot encroachment on decks; an eight or ten foot encroachment on the enclosed or unenclosed porch; and either a 160 or 200 square foot width of an enclosed or unenclosed porch. He showed examples of front porches on homes in Brooklyn Center. Vice Chair Koenig asked for pros and cons on the encroachment dimensions. Director of Business & Development Gary Eitel stated that they don't want the front additions to be used recreationally, and they want the addition to accentuate the front of the house. These additions are meant to bring people to their front yards to observe or visit with neighbors. He stated that the question is how to make sure we enable residents to go to their front yards, yet keep the front of the house in a manageable perspective. Vice Chair Koenig commented that the City's goal is to create a friendly, livable environment to enjoy. We would want to avoid over-congregating and creating a fearful environment. Mr. Eitel stated the typical cement stoops throughout the City are aging and costly to replace. He stated that terraces are currently allowed by code. He believes that enabling an addition to the front is good because typically people don't use their front doors due to small foyers. Vice Chair Koenig stated it is important to address the usability of the front yard to make homes in the City more attractive to younger people. He asked about Councilmember Graves comments on page three of the City Council Work Session. Mi. Eitel stated that he thought she was in support of the less costly option of a deck but didn't want to see large decks. She wanted the deck to have more of a residential feel as opposed to a recreational feel and she felt decks were more economically feasible. Commissioner Tade asked about the deck encroachment. Mr. Benetti stated that this allowance is only for homes that are at the 35-foot setback. He stated that staff's research verified that most of the houses in the City are set back at 35 feet. Vice Chair Koenig stated he is favor of a six-foot encroachment on decks and an eight-foot encroachment on porches because it would minimize the potential gaudiness and give folks more yard space. He stated that porches can add value so they should be able to go larger. Commissioner Tade asked about railing requirements for decks. Mr. Benetti replied that according to code a deck has to have a railing if it is 30 inches above the ground. PC Minutes 02-11-16 -4- Commissioner Sweeney stated that she likes the new definitions, especially the removal of "heating or unheated". She feels that this would eliminate the area being used as living space. ( Commissioner Koenig commented that it is good that enhancing aesthetics is being looked at because Brooklyn Center is an aging community and needs to keep looking at ways to enhance itself and attract vibrancy because it is so near to Minneapolis. Neighborhood aesthetics are important to people looking for homes. Commissioner Morgan commented that the City has had a reputation as a worker community, but with the proposed senior living complexes it may get the reputation that it is taking care of seniors. Discussion took place about the City's seniors and their preference to stay in the city. Mr. Benetti asked if the Planning Commission was in agreement with Vice Chair Koenig. Commissioner Schonning stated his preference to error toward the maximum at eight and ten feet. Mr. Benetti stated that this issue will be brought back to the next Planning Commission meeting to receive input from Chair Christensen. He encouraged Commissioners to e-mail staff to let them know of any additional thoughts or comments if they have any after the completion of this meeting. He stated that he would like to build Planning Commission consensus on these new, suggested changes; possibly consider bringing back to the Housing Commission; and then to the ( City Council. He would like to announce the ordinance changes in the City's spring newsletter. Commissioner Schoiming moved and Commissioner MacMillan seconded to table the discussion until the next Planning Commission meeting to enable Chair Christensen's input. The motion passed. PC Minutes 02-11-16 -5- City Council Work Session March 14, 2016 DECK-Ahorizontal,unenclosed,above-ground, levelplatformwithoutaroof,whichmaybeattached orunattachedtoaprincipaldwelling,includingany attachedrailings,seats,trellises,orotherfeaturesnot morethan36inchesabovetheplatform,andwhich platformisfunctionallyrelatedtoaprincipaluse.An unattacheddeckisconsideredanaccessorystructure inanyyard,wetland,floodplain,orrivercorridor criticalarea. PORCH,ENCLOSED-Ahorizontalroofedplatformattached toanentranceofadwelling,withanintegratedwall systemconsistingofroofsupportmemberssuchaspillars, postsorcolumns,andwhichisfullyenclosedbywalls, screens,windows,orremovablestorm-windowsthat cannotbeaccessedfromtheoutsideexceptthrougha doorthatiscapableofbeinglocked. PORCH,UNENCLOSED-Ahorizontalroofedplatform attachedtoanentranceofadwelling,witharoofsupport systemconsistingofpillars,postsorcolumns,whichmay ormaynothaverailingsorknee-wallrailingsnohigher than36-inchesfromtheplatformlevel,andwhichdoes notincludewalls,screens,windows,ordoors. 8.Thefollowingshallnotbeconsideredasencroachmentson yardsetbackrequirements: a.Inanyyards:Off-streetopenparkingspaces;rampsand landingsprovidinghandicapaccessibilitytoaprincipal structure;terraces;awnings;canopies;frontentrystepsand landingsnotexceeding10%oftheareaoftheyard;roofed porticoorenclosedvestibulenotexceeding36sq.ft.in size;chimneys;flagpoles;airconditionercondensers; temporaryseasonalswimmingpools;opaquefences, hedges,orwalls….. c.Infrontyardsandcornersideyards:Decksmayencroachuptosix feet(6’)intothesetbackareasprovided: Theentireencroachment,includingstairsandattachments,must 1) notexceed100squarefeetinarea; Thedeckprovidesaccesstothemainentranceoftheprincipal 2) dwelling; Thefloorofthedeckisnohigherthanthethresholdofthemain 3) entrancetotheprincipaldwelling; Theundersideofthedeck,whenviewedfromthestreet,mustbe 4) screenedwithadecorativelattice,skirtboard,landscapingor combinationofmaterialstoatleastfiftypercent(50%)opaque; and Thedeckmustbeconstructedwithqualitymaterials,maintained 5) iningoodcondition,andarchitecturallycompatiblewiththe principaldwellingtothegreatestextentreasonablypossible. d.Infrontyardsandcornersideyards:EnclosedorUnenclosedPorchesmay encroachuptotenfeet(10’)intothesetbackareasprovided: Theporchmustmaintainaminimum25-footsetbackfromthefrontlotline; 1) 10-footsetbackfromasideinteriorlotline;and20-footsetbackfromany streetcornerside-yardlotline,withstepsand/oraccessibilityramps excludedfromthisprovision; Thewidthoftheporchshallnotexceed20-feetalongthefrontedgeofthe 2) dwelling,andthemaximumallowablesizeoftheporchshallnotexceed200 sq.ft.inarea; Theflooroftheporchisnohigherthanthethresholdofthemainentrance; 3) Nopartofanenclosedporchmaybeusedforyear-roundlivingspace; 4) Incaseswhereacornerlotdwellinghasseparatefront-doorentranceson 5) eachstreet-side,onlyoneporchencroachmentisallowed; Theundersideoftheporchmustbescreenedwithadecorativelattice,skirt 6) board,landscapingorcombinationofmaterials,whichisatleastfiftypercent (50%)opaquewhenviewedfromthestreet;and Allnewelementsandfeaturesoftheporch,includingtheroof,mustbe 7) architecturallycompatiblewiththeprincipaldwelling. Does the City Council accept the proposed language amendment as presented under the Draft Ordinance regarding Decks and Porches as an Allowable Encroachment into Certain Residential Yard Setback Areas and Adding New Definitions of Decks and Porches? Does the City Council wish to have this item presented for First Reading at the March 28, 2016 meeting; whereby the Council may set a Public Hearing and Second Reading of said Ordinance at the April 25, 2016 meeting? Does the City Council wish to have this Ordinance sent back to the Planning Commission for further study or recommendation?