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HomeMy WebLinkAbout2016 04-25 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION April 25, 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. City Council Discussion of Agenda Items and Questions 2. Miscellaneous Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center April 25, 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.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.April 6, 2016— Joint Session with City Advisory Commissions 2.April 11, 2016— Study Session 3. April 11, 2016 - Regular Session b. Licenses C. Resolution Amending and Re-Establishing City Purchasing Policy d. Resolution Adopting Amendments to the Financial Policies Section of the Brooklyn Center City Council Code of Policies Approve Meeting Schedule for 2017-2018 Budget CITY COUNCIL AGENDA -2- April 25, 2016 f.Resolution Authorizing an Amendment to a Site Lease Agreement with Sprint Spectrum Realty Company L.P. g.Resolution Approving Amendment to the Fire Department Relief Association By- Laws 7. Presentations/Proclamations/Recognitions/Donations a.Brooklyn Center University Leadership Academy Graduation Requested Council Action: —Mayor present certificates of graduation. b.Proclamation Declaring May 15-21, 2016, Public Works Week in the City of Brooklyn Center Requested Council Action: —Motion to adopt proclamation. C. Resolution in Support of Heart Safe Brooklyn Center Requested Council Action: —Presentation on Heart Safe Communities. —Motion to adopt resolution. d. Resolution Expressing Recognition and Appreciation to Lee Gatlin for Over 13 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8. Public Hearings a.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 —This item was first read on March 28, 2016; published in the official newspaper on April 7, 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. —Motion to adopt ordinance. b.Resolution Authorizing the Issuance, Sale, and Delivery of Its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016; Adopting a Housing Program Pursuant. to Minnesota Statutes, Chapter 462c; Approving the Form of and Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing for the Security, Rights, and Remedies with Respect to the Bonds; and Granting Approval for Certain Other Actions with Respect Thereto CITY COUNCIL AGENDA -3- April 25, 2016 —This item was first read on March 28, 2016; published in the official newspaper on April 7, 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. —Motion to adopt resolution. C. An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City —This item was first read on March 28, 2016; published in the official newspaper on April 7, 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. —Motion to adopt ordinance. 9.Planning Commission Items —None. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.1510 69th Avenue North 2.Resolution Approving a Type IV Rental License for 3000 62nd Avenue North 3.Resolution Approving a Type IV Rental License for 5700 Camden Avenue North 4.Resolution Approving a Type IV Rental License for 5131 Howe Lane 5.Resolution Approving a Type IV Rental License for 6753 Humboldt Avenue North 6.Resolution Approving a Type IV Rental License for 6765 Humboldt Avenue North 7.Resolution Approving a Type IV Rental License for 6013 Zenith Avenue North b. An Ordinance Amending Chapter 5 of the City Code of Ordinances Relating to Fire Prevention Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for May 23, 2016. 11. Council Report CITY COUNCIL AGENDA -4- April 25, 2016 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION April 25, 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 —None PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses 3. Surly Darkness Day Event 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 RECEPTION AND JOINT WORK SESSION WITH CITY COMMISSIONS APRIL 6, 2016 COMMUNITY CENTER - CONSTITUTION HALL RECEPTION A reception and general conversation period was held in Constitution Hall from 6:00 p.m. until 6:40 p.m. CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Charter, Housing, Financial, Park and Recreation, and Planning Commissions and was called to order by Mayor Tim Willson at 6:42 p.m. INTRODUCTIONS Mayor Willson welcomed the commissioners and stated appreciation for staff and commissioners. City Manager Curt Boganey welcomed all those in attendance. He stated he appreciated all their work and guidance. IN ATTENDANCE Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and unexcused. City Staff present were City Manager Curt Boganey, Fire Chief Lee Gatlin, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Community Activities, Recreation & Services Director Jim Glasoe, Finance Director Nate Reinhardt, and Rozlyn Tousignant, Deputy City Clerk. Commissioners present were Charter Commissioners Mark Goodell (also Housing), Beverly Rieschl, Robert Marvin, Judy Thorbus (also Park & Recreation); Financial Commissioners Rex Newman (also NWSCC), Anna Burke, Teneshia Kragness, Dean Van Der Werf, Dan Schueller; Housing Commissioner Kathie Amdahl; Park & Recreation Commissioners Jerome Witalka, Bud Sorenson, Thomas Shinnick, Travis Bonovsky, Jill Dalton; Planning Commissioners Randall Christensen, Susan Tade; and Watershed Commissioner David Mulla. 04/06/16 -1- DRAFT PRESENTATIONS BY CITY COMMISSIONS Charter Commission: Charter Commission Chair Mark Goodell explained the Home Rule City and Charter requirements. He also provided an overview of the Commission. In 2015, Council and Staff recommendations to the Commission included special election procedures, removal of restrictions on Fire Chief Appointments, and tallying procedures for write-in votes. Financial Commission: Financial Commission Chair Rex Newman provided an overview of the Commission activities. The primary goal is to work on the budget. The Commission worked with the Mayor and City Council, City Manager and Staff. The commission reviewed the three Enterprise Funds of the City: Centerbrook Golf Course, Municipal Liquor Stores and the Earle Brown Heritage Center. Mr. Newman also discussed the Commission's involvement with the City's capital improvement projects. A few comments were made about the NW Suburbs Cable Commission. A ten-year renewal agreement was signed with Comcast in 2015. NWSCC expects to sign a new franchise for CenturyLink service in 2016. Housing Commission: Housing Commission Chair Mark Goodell provided a PowerPoint overview of the Housing Commission activities. Updates were provided about the New Neighbor Welcome Program, recommendation of porch setback regulations and curbside clean-up, as well as review of the senior housing and opportunity site plans. Future activities include review of senior housing, opportunity site, and continued neighbor welcome program. Park and Recreation Commission: Park and Recreation Commission Chair Bud Sorenson provided a PowerPoint overview of Park and Recreation Commission activities. The Commission participated in several activities including reviewing capital improvements, park monitoring, neighborhood meetings, Centerbrook Golf Course improvements and continued C.A.R.S Activities monitoring. Jill Dalton presented the Commission's work with Public Works for new recycling containers in the parks. Observation of soccer field usage has taken place; a new Centennial Soccer Field will be coming soon. Construction and completion of the new Centennial, Civic & Veterans Memorial Amphitheater took place in 2015. Other Commission activities from 2015 included a mobile recreation grant, amplified sound in the parks and the New Millennium Charter School. Planning Commission: Planning Commission Chair Randy Christensen provided a PowerPoint overview of the Commission activities. Several projects were reviewed in 2015 including 13 land use applications. The Commission reviewed and approved the establishment of two new TIF Districts, a new Opportunity Site plan, as well as two ordinances. A map with past, current, and potential development and projects was distributed. After the Commission reports, Mr. Boganey opened the floor to Councilmembers to provide feedback on the work that the Commissions have been involved with. Council input was very positive. Mr. Boganey then offered to allow Commissioners to address the Council. Commissioner Judy Thorbus had two questions, the first being in regard to the Planning Commission map provided at each table. Mr. Boganey and Mr. Eitel provided a response to her question. The second question was in regards to the shooting incident which took place at the 04/06/16 -2- DRAFT Foot Locker and the City's response to the event. Commissioners and Councilmembers addressed the concern of safety as well as the how these incidents affect the community's image. Mr. Boganey stated that he would provide a survey to Commissioners for additional feedback on the Joint Session meeting before inviting the Mayor up to present Certificates of Perfect Attendance to commissioners who attended all of their Commission meetings in 2015. Recipients included Charter Commission- Mark Goodell, Gary Brown, Robert Marvin, Mark Yelich, Mary O'Connor, Judy Thorbus, Beverly Rieschl, Donald Bumgarner; Financial Commission- Anna Burke; Park and Recreation Commission- Jill Dalton, Jerry Witalka; Planning Commission- Randy Christensen, Stephen Schonning, Rochelle Sweeney, Susan Tade. For those commissioners who were not able to attend, the certificates were given to the Commission Chairs for distribution. Mayor Willson thanked everyone for their dedication and attendance. ADJOURNMENT The meeting was adjourned by Mayor Willson at 8:05 p.m. 04/06/16 -3- DRAFT 04/11/16 -1- 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 STUDY SESSION APRIL 11, 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 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson requested an addition to tonight’s meeting agenda relating to appointment of Kathleen Nelson to serve on the Housing Commission. The City Council expressed no objection to adding this as Item 10b. Councilmember Ryan stated Ms. Nelson’s application was received in the April 8, 2016, City Council update. Councilmember Myszkowski requested the following correction to the Regular Session minutes of March 28, 2016: Page 8, 5th Paragraph, 2nd Sentence: “…housing, which exacerbates the situation.’ Councilmember Ryan requested the following correction to the Regular Session minutes of March 28, 2016: Page 10, 4th Paragraph, 4th Sentence: “….and allow for a temporary one-year rental license for single-family properties in areas that exceed the density requirements…” Page 10, 5th Paragraph, 1st Sentence: “Councilmember Graves asked about the thought process for the one-year temporary rental license.” 04/11/16 -2- DRAFT It was the majority consensus of the City Council to accept the corrections to the March 28, 2016, Regular Session minutes. MISCELLANEOUS Brooklyn Center Police Department and Crime Prevention Program and Awards Ceremony Mayor Willson announced and encouraged members to attend the April 19, 2016, Brooklyn Center Police Department and Crime Prevention Program and Awards Ceremony that will start at 7 p.m. Blue Line Tour of Intersection Pedestrian Overpasses Councilmember Ryan stated he was contacted by Juan Rangel, Blue Line Outreach Coordinator. He noted there have been discussions with Blue Line planning staff regarding whether there should be on-grade pedestrian crossing enhancement for the 63rd Avenue crossing of Highway 81. Some advocate for a pedestrian overpass bridge. Councilmember Ryan recalled there was City Council discussion on this issue several meetings ago and the consensus of the City Council was to support Brooklyn Park’s decision for safety enhancements for 63rd Avenue crossing of Highway 81. He announced a tour will be conducted by Blue Line planning staff to look at other intersection pedestrian overpasses on Tuesday, April 26, at 5:30 p.m. He stated he plans to attend and Mr. Rangel has also invited the rest of the City Council to attend. Councilmember Ryan stated he will forward this information to Mr. Boganey. Mayor Willson stated he will be attending the April 14, 2016, Blue Line Committee Meeting. Fire Relief Association Annual Award Ceremony Mayor Willson asked who will be attending the Fire Relief Association Annual Award Ceremony on Friday. Councilmembers Lawrence-Anderson, Myszkowski and Graves indicated they plan to attend. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:18 p.m. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 11, 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, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Molubah Seley, 706 66th Avenue N., Brooklyn Center High School Student, greeted the City Council and student members. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Ryan offered the invocation and recognized Student Government Day at City Hall. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. 04/11/16 4- DRAFT 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. At the invitation of Mayor Willson, 2016 Youth in Government Candidates Melissa Croft, Brooklyn Center High School; McKenzie Eckman, Champlin Park High School; Anthony Gates, Cooper High School; David Lee, Park Center High School; and Yamada Yang, Brooklyn Center High School, each introduced themselves. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of March 28, 2016, and addition of Item 10b. Ratification of Mayoral Appointment of Kathleen Nelson to the Housing Commission, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 28, 2016—Study Session 2.March 28, 2016 - Regular Session 6b. LICENSES MECHANICAL 3-1) Heating and A/C B & D Plumbing, Htg. & A/C Absolute Mechanical, LLC CenterPoint Energy Centraire Htg. & A/C, Inc Chesney Mechanical Group Cool Air Mechanical, Inc Corporate Mechanical Crosstown Mechanical Custom Refrigeration Inc DJ's Heating & A/C Louis DeGidio Services, Inc Ditter, Inc Elk River Heating & A/C, Inc Fireside Hearth & Home 206 Jefferson Ave N, Watertown 4145 Mackenzie Court, St. Michael 7338 Ohms Lane, Edina 9320 Evergreen Blvd, Ste. B, Coon Rapids 7402 Washington Ave 5, Eden Prairie 4118 Shoreline Dr, Robbinsdale 1544 134th Ave NE, Ham Lake 5114 Hillsboro Ave N, New Hope 3115 Long Lake Rd, Roseville 640 Mendelssohn Ave N, Golden Valley 6060 LaBeux Ave NE, Albertville 21033 Heron Way, Lakeville 820 Tower Dr, Medina 19567 Twin Lakes Rd NW, Elk River 2700 Fairview Ave N, Roseville 04/11/16 -2- DRAFT Go Fetsch Mechanical, LLC Golden Valley Heating Harris Companies Heating & Cooling Design, Inc Hoffman Refrigeration & Htg. Home Energy Center Horwitz Inc Jayhawk Mechanical, Inc Kraft Mechanical, Inc Kok Lee Plumbing LLC Major Mechanical, Inc McDowall Company Metro Heating and Cooling Minnesota Petroleum Service Do Pham Inc Pronto Heating & A/C Quality Refrigeration Royalton Heating & A/C St. Cloud Refrigeration Sabre Plumbing, Ht. & A/C Schadegg Mechanical, Inc Solid Refrigeration, LLC South-Town Refrigeration Standard Heating & A/C Total Comfort UHL Company, Inc Wenzel Heating & A/C Ray Welter Htg. Co Weld & Sons Plumbing RENTAL INITIAL (TYPE II - two-year license) 4201 Lakeside Avenue, #316 RENEWAL (TYPE HI— one-year license) 520063 d Avenue N. 6501 Beard Avenue N. Passed with Weather Deferral 6628 Camden Drive 5419 Humboldt Avenue N. 5541 Logan Avenue N. 7049 Regent Avenue N. 9111 Davenport St NE, Blame 5182 West Broadway, Crystal 909 Montreal Circle, St. Paul 1010 ll 8th Ave, Blame 5660 Memorial Ave N, Stillwater 2145 Annapolis Lane N, Ste. 170, Plymouth 4401 Quebec Ave N, New Hope 3307 N 2nd Street, Minneapolis 2441 Ventura Dr, Ste. 100, Woodbury 306 Ruby Dr., St. Paul 11201 86th Ave N, Maple Grove P0 Box 606, Waite Park 255 Roselawn Ave. E, Ste. 44, St. Paul 682 39th Ave NE, Minneapolis 3455 124th Circle NE, Blame 7415 Cahill Rd, Edina 6237 Penn Ave 5., #100, Richfield 4120 85th Ave N, Brooklyn Park 604 Lincoln Ave NE, St. Cloud 15535 Medina Rd, Plymouth 225 Bridgepoint Dr., South St. Paul 1125 American Blvd E, Bloomington 6325 Welcome Ave N, #200 Brooklyn Park 130 Plymouth Ave, Minneapolis 4000 Winnetka Ave N 4100, New Hope 9065 Zachary Lane N, Maple Grove 4145 Old Sibley Memorial Hwy., Eagan 4637 Chicago Ave 5, Minneapolis 3410 Kilmer Lane N, Plymouth Maria Moldenhauer Roger Bonny RHA 3,LLC (Missing 1 ARM Meeting) Marie Rickmeyer (Missing CPTED follow-up and 1 ARM meeting) Cecilia Pineda Peter Milinkovich (Missing 1 ARM meeting) Main Street Renewal, LLC 04/11/16 -3- DRAFT RENEWAL (TYPE II - two-year license) 819-2155 1h Avenue N. 3813 61st Avenue N. 322462 nd Avenue N. 6349 Halifax Drive 5818 Humboldt Avenue N. Passed with Weather Deferral 7100 Indiana Avenue N. Stephanie Statz Dhaneshwarie Himraj Michael Mills Qiang Kevin Fang Richard Olson John Wright RENEWAL (TYPE I— three-year license) 2804 67th Lane N. Bryan Aitkens 5826 Ewing Avenue N. Robert Greeley 5312 Queen Avenue N. Brian Hamilton SIGN HANGER Archetype Sign Makers A-Sign & Screen Printing Co Inidigo Signworks, Inc. Signart Company Sign Art, Inc. Topline Advertising 9635 Girard Ave 5, Bloomington 708 Lowry Ave N, Minneapolis 1622 Main Ave, Fargo 2170 Dodd Road, Mendota Heights 5757 B Cork Street, Kalamazoo 11775 Justen Circle #A, Maple Grove 6c.RESOLUTION NO. 2016-47 ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR 2016 DISEASED TREE REMOVAL & TREE MAINTENANCE PROGRAM 6d.RESOLUTION NO. 2016-48 DESIGNATING 2016 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES 6e. RESOLUTION NO. 2016-49 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY- FOURTH CONSECUTIVE YEAR Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING APRIL 11, 2016, AS "YOUTH IN GOVERNMENT DAY" IN THE CITY OF BROOKLYN CENTER, MINNESOTA Mayor Willson read in full a Proclamation Declaring April 11, 2016, as "Youth In Government Day" in the City of Brooklyn Center, Minnesota. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt a PROCLAMATION Declaring April 11, 2016, as "Youth In Government Day" in the City of Brooklyn Center, Minnesota. 04/11/16 -4-DRAFT Motion passed unanimously. 7b.PROCLAMATION DECLARING APRIL 16-23, 2016, TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK Public Works Director/City Engineer Steve Lillehaug reported the 15th Annual Great Shingle Creek Watershed Cleanup kickoff will be on Saturday, April 16, 2016, in the new amphitheater at 8 a.m. He invited all to participate, including the commercial and retail community, and reviewed the environmental events that will take place. Mr. Lillehaug thanked the American Legion and Sons of the American Legion for contributing funds toward this event. Councilmember Ryan reported on a resident complaint relating to large items in the upper reach of Shingle Creek that may only be accessed by boat. He stated he will relay this information to City Manager Boganey. Mayor Willson read in full a Proclamation Declaring April 16-23, 2016, to be the Great Shingle Creek Watershed Cleanup Week. Councilmember Graves moved and Councilmember Ryan seconded to adopt a PROCLAMATION Declaring April 16-23, 2016, to be the Great Shingle Creek Watershed Cleanup Week. Motion passed unanimously. 7c.PROCLAMATION DECLARING APRIL 16, 2016, TO BE EARTH DAY IN BROOKLYN CENTER Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt a PROCLAMATION Declaring April 16, 2016, to be Earth Day in Brooklyn Center. Motion passed unanimously. 7d. PROCLAMATION DECLARING APRIL 29, 2016, TO BE ARBOR DAY AND MAY 2016 TO BE ARBOR MONTH IN BROOKLYN CENTER Mr. Lillehaug stated Arbor Day and Arbor Month are part of the City's Tree Reforestation Program and Tree City USA qualifications. He described the events that will take place at Garden City Elementary and recognized the American Legion and Sons of the American Legion for contributing funds for this event Councilmember Ryan moved and Councilmember Graves seconded to adopt a PROCLAMATION Declaring April 29, 2016, to be Arbor Day and May 2016 to be Arbor Month in Brooklyn Center. Motion passed unanimously. 04/11/16 -5- DRAFT 7e. BROOKLYN BRIDGE ALLIANCE FOR YOUTH AND YOUTH COUNCIL UPDATE Mr. Boganey stated the City of Brooklyn Center has been a member of the Brooklyn Bridge Alliance, a Joint Powers Agreement, for several years and each year takes a moment for Alliance staff to provide an update on this significant joint effort. Ivan Lui, Executive Director of the Brooklyn Bridge Alliance for Youth, presented their four 2016 priorities and three impact areas. He described their successful youth employment programs through business participation and programming to engage youth. Mr. Lui explained how the Alliance leverages public investment and collaborates with partners to create opportunities for youth. Kaysone Syonesa, Alliance Project Coordinator, introduced herself and described her work with the Brooklyn Youth Council (BYC) to engage youth. She reviewed how their programs, partnerships, and grants for youth results in developing skills and a sense of responsibility. Ms. Syonesa stated additional information on these BYC programs is available on the Alliance website and thanked the City Council for their support. Mr. Lui commented on their preliminary discussions with Alliance members and the YMCA on a shared vision to expand capacity and improve opportunities for positive youth development. He reported on the activity of BrookLynk and stated they will be working with community partners to develop a multi-year transition plan to assure BrookLynk continues to grow, obtains positive results, and continues to bring together business leaders with the talents of youth. Councilmember Graves asked about Village Creek. Mr. Lui described its location and stated it is being explored as a potential YMCA site. Mayor Willson and Councilmembers Myszkowski and Ryan commended the hard work of the Brooklyn Bridge Alliance for Youth and Youth Council and expressed support to explore collaboration with the YMCA. They encouraged them to bring suggestions to the City Council. The motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2016-03 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 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance amendment relating to the counting of write-in votes and to streamline that process. This ordinance is recommended by the Charter Commission. It was noted this item was first read on March 14, 2016; published in the official newspaper on March 24, 2016; and, is offered this evening for Public Hearing and adoption. 04/11/16 -6- DRAFT Councilmember Graves noted if there are significant write-in votes, it might be enough to get the candidate elected and asked if it would be based on the number of write-in votes. Mr. Boganey answered in the affirmative. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2016-03 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. Mr. Boganey advised that passage of an ordinance amending the City Charter requires a unanimous vote. Councilmember Graves raised the scenario where two candidates are running for the same position and the total votes cast for each is very close. She asked if the write-in votes would then be considered. Mayor Willson stated if there are more candidates than open seats, some will not go forward to the general election but could mount a write-in candidacy and could, conceivably, win at the general election. For the two candidates who are on the ballot, write-in votes would not matter for their case as they are on the ballot. Mayor Willson stated another scenario is if the candidate doesn't mount a write-in candidacy and still gets enough votes to be elected to office. In that case, it would be up to the polling place officials or City Clerk to denote there is a large number of write-in votes for an individual with potential to be elected to office. On their judgment, they would have to tally those write-in votes. He noted, however, it would take a large number of write-in votes for a candidate to be elected. Mr. Boganey agreed and stated for example should a candidate receive 700 votes, the write-in votes will probably not exceed 60 to 70. He explained if a candidate mounts a write-in campaign, it would be expected that candidate would follow this provision of the ordinance and seven days prior to election, request their votes be counted. In that case, those votes would be counted. Councilmember Ryan stated write-in votes are not allowed in a primary election and it is unlikely a write-in candidacy can receive a critical mass to be a factor in an election. Also, if 04/11/16 -7- DRAFT someone decided to run such a campaign, they would have, the option to notify the City Clerk of that situation. He stated this ordinance focuses on the voters who, for whatever reasons, cast a frivolous write-in vote. This ordinance dispenses with the need for election staff to tally those types of write-in votes. Councilmember Ryan urged members to vote in favor of this ordinance as it is straight forward, consistent with State Statute, and will save the City money. Motion passed unanimously. 8b. RESOLUTION NO. 2016-50 AMENDING THE 2016 RECYCLING UTILITY RATE TO ACCOMMODATE FOR A BIENNIAL CITY WIDE CLEANUP City Manager Curt Boganey introduced the item, noting it is a recommendation from the Housing Commission to add a biennial curbside cleanup event. It was noted this item was published in the official newspaper on March 31, 2016, and is offered for Public Hearing this evening. Director of Community Activities, Recreation and Services Jim Glasoe described the City's recycling program in cooperation with Hennepin Recycling Group (HRG), noting the City Council sets the rates annually. He displayed a postcard used by other HRG cities to advertise their curbside cleanup event. Mr. Glasoe stated the cost of adding the curbside cleanup once every other year is estimated to be $1.05 per household per month. Mayor Willson noted the postcard includes useful information on locations to recycle things like propane and helium tanks. Councilmember Ryan stated all are aware of the City's diversity, which can present a challenge to communicate the City's programs and events and asked how that will be addressed. Mr. Glasoe stated other HRG cities have created a media campaign with flyers, website information, and media resources in other languages. Councilmember Ryan noted the advantage with this program is that the items can be taken to the curb rather than hauled to another location. Mayor Willson stated there is time before this event in 2017 to also advertise through the billing process and quarterly news articles. Mr. Boganey stated since this has not been offered in Brooklyn Center for more than ten years, the key to success for this program will be communication and marketing. Mayor Willson agreed, noting the last time the City Council discussed this topic was in 2002. Councilmember Graves stated she understands the vendor has not yet been selected and asked if the City will gauge the vendors by the quoted price as well as types of materials recycled. Mr. Boganey stated staff will work with HRG on how that is quantified,, noting it would defeat the purpose if the items collected are not recycled. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. 04/11/16 -8- DRAFT No one appeared to speak. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION No. 2016-50 Amending the 2016 Recycling Utility Rate to Accommodate for a Biennial City Wide Cleanup. Mayor Willson asked whether this will be a mandatory fee without the ability to opt out. Mr. Boganey answered in the affirmative. Councilmember Ryan stated his support as the cost is reasonable and while a few outliers may object, the City Council is on solid reasoning that all should pay as all will benefit by having undesirable items removed from the community and properly recycled, creating universal benefit. Councilmember Lawrence-Anderson stated the cost to properly dispose of a mattress can be $10 to $15 so this program will offer a convenient and economical way to discard items in a safe fashion without the need to haul the items to a recycling center. Councilmember Graves asked how this would work for apartments or a duplex where tenants pay the utility bill. Mr. Boganey clarified this utility includes single-family households and duplex units. Mr. Glasoe confirmed apartment units of four dwellings or more are exempt from the fee and program. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that is 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 Items lOal through 10a8. 04/11/16 -9- DRAFT lOal. 700-890 66TH AVENUE NORTH, GEORGETOWN PARK TOWNHOUSES 10a.2. 6437 KYLE AVENUE NORTH 100. RESOLUTION NO. 2016-51 APPROVING A TYPE IV RENTAL LICENSE FOR 5418 70TH CIRCLE 10a4. RESOLUTION NO. 2016-52 APPROVING A TYPE IV RENTAL LICENSE FOR 6018 ALDRICH AVENUE NORTH 10a5. RESOLUTION NO. 2016-53 APPROVING A TYPE IV RENTAL LICENSE FOR 5432 DUPONT AVENUE NORTH 10a6. RESOLUTION NO. 2016-54 APPROVING A TYPE IV RENTAL LICENSE FOR 5556 EMERSON AVENUE NORTH 10a7. RESOLUTION NO. 2016-55 APPROVING A TYPE IV RENTAL LICENSE FOR 4207 LAKESIDE AVENUE #236 10a8. RESOLUTION NO. 2016-56 APPROVING A TYPE IV RENTAL LICENSE FOR 6601 UNITY AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 700-890 66th Avenue North, Georgetown Park Townhouses; 6437 Kyle Avenue North; adopt RESOLUTION NO. 2016-51 Approving a Type IV Rental License for 5418 70th Circle; adopt RESOLUTION NO. 2016-52 Approving a Type IV Rental License for 6018 Aldrich Avenue North; adopt RESOLUTION NO. 20 16-53 Approving a Type IV Rental License for 5432 Dupont Avenue North; adopt RESOLUTION NO. 2016-54 Approving a Type IV Rental License for 5556 Emerson Avenue North; adopt RESOLUTION NO. 20 16-55 Approving a Type IV Rental License for 4207 Lakeside Avenue #236; and, adopt RESOLUTION NO. 2016-56 Approving a Type IV Rental License for 6601 Unity Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. lOb. RATIFICATION OF MAYORAL APPOINTMENT OF KATHLEEN NELSON TO THE HOUSING COMMISSION Mayor Willson presented his recommendation for the appointment of Kathleen Nelson, 4811 Twin Lake Ave #1, to serve on the Housing Commission with a term to expire on December 31, 2018. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to ratify the appointment of Kathleen Nelson to the Housing Commission with a term to expire on December 31, 2018. Motion passed unanimously. 11. COUNCIL REPORT 04/11/16 -10- DRAFT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • March 30, 2016: Brooklyn Center University • April 3, 2016: Lions Club Waffle Breakfast • April 5, 2016: Palmer Lake West Street Reconstruction Project Informational Meeting • April 6, 2016: UNICEF Kid Power Sports and Healthy Living Event at Odyssey Academy • April 6, 2016: Annual Joint City Council and Advisory Commission Meeting • April 15, 2016: Annual Fire Fighters Relief Association Dinner • April 16, 2016: Annual Great Shingle Creek Watershed Cleanup • April 17, 2016: Fire Fighters Annual Pancake Breakfast Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • March 15, 2016: Earle Brown Days Committee Meeting • April 6, 2016: Annual Joint City Council and Advisory Commission Meeting • April 16,2016: CEAP Board Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • April 6, 2016: UNICEF Kid Power Sports and Healthy Living Event at Odyssey Academy • April 7, 2016: New American's Academy Graduation • April 15, 2016: Annual Fire Fighters Relief Association Dinner • April 16,2016: Annual Great Shingle Creek Watershed Cleanup • April 17, 2016: Fire Fighters Annual Pancake Breakfast • April 19, 2016: Police Department and Crime Prevention Program Citizen Awards Ceremony Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • March 29, 2016: Osseo Drum and Dance Circle • April 6, 2016: Annual Joint City Council and Advisory Commission Meeting • April 12, 2016: Northside Collaborative Meeting at Emerge Technology Center in Minneapolis • April 16, 2016: Annual Great Shingle Creek Watershed Cleanup • April 30, 2016: 21st Annual Indian Day Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • March 30, 2016: Mock Interviews for Brooklyn Bridge Alliance for Youth • April 3, 2016: Lions Club Waffle Breakfast • April 6, 2016: Annual Joint City Council and Advisory Commission Meeting • April 17, 2016: Fire Fighters Annual Pancake Breakfast 04/11/16 -11- DRAFT 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:17p.m. Motion passed unanimously. 04/11/16 -12- DRAFT City Council Agenda Item No. 6b I1SIhIJ I fl I N Dk'A U I *A 0] UI I1II'A I DATE: April 18, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Cler421 SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on April 25, 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 CB Mech, LLc Corval Group Friendly Heating and Air Conditioning Inc Infinity Heating & Air Conditioning LLC 7 Metro Heating and Air Conditioning Modern Heating & A/C PB Services Select Mechanical Services RENTAL See attached report. SIGN HANGER Signation Sign Group VEO Sign LLC 15658 150th Ave., Foreston 1633 Eustis Street, St.Paul 13050 Arthur Street, Roger 1017 Meadowwood Dr., Brooklyn Park 609 1501h Ave NE, Ham Lake 2318 First Street NE, Minneapolis 9410 Bataan Street, Blame 6219 Cambridge Street, St. Louis Park 6840 Shingle Creek Pkwy, Brooklyn Center 6353 Martin Ave NE, Otsego Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IO1IJ[J I I I *k'A U I MY4 Li) 11It]UJi 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+ 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 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. 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C•Y b-a)a)0 Uin m LL L..o 0C Ca Ca C . 0- ..J *CL 0 * * =* * * < City Council Agenda Item No. 6c IiS1N[iJ I N I I MA Uh'A I k'4 LI) itI I1Ik I DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Resolution Approving Purchasing Policy Recommendation: It is recommended that the City Council consider approving a resolution updating the City's purchasing policy. Background: The City of Brooklyn Center adopted a purchasing policy in 1983, which was subsequently revised by City Council on April 23, 1996. The policy establishes the City Manager as the chief purchasing agent and as the responsible person to establish an administrative purchasing policy. The administrative purchasing policy was created in 1996 and updated in 2000 and 2008. The City is in the process of implementing an automated work flow software that will allow invoices to be routed electronically through the City's approval process. Prior to implementing the software staff has met with each department individually to discuss challenges and opportunities improve the purchasing process and policy. These meetings resulted in a number of recommendations that will enhance the internal controls, eliminate non-value adding steps and add clarification to the policy and procedures. In addition to formatting and clarifying language the significant proposed changes to the administrative purchasing policy include the following: - Consolidation of the purchasing policy, purchase order procedures, petty cash procedures and credit card policy into a single purchasing policy - Requires the use of a purchase order for purchases greater than $10,000(previously this threshold was $100) - Requires department head approval of invoices greater than $1,000 (previously this threshold was $25,000) - The addition of the Earle Brown Heritage Center Director and Recreation Program Supervisor as authorized credit card holders - Removes Target and adds Sam's Club as an authorized retail credit card account (Target has discontinued their business account program). The proposed administrative purchasing policy (watermarked with the word's "proposed") and the current administrative purchasing policy are included. The administrative purchasing policy outlines day to day operational purchasing procedures for our organization. This policy is a working document which will be updated as needed to ensure the City Manager has adequate controls over purchasing functions for efficient operations within our organization. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust Attached is a copy of the resolution amending and re-establishing City purchasing policy and the administrative purchasing procedures document. The resolution authorizes the City to comply with the MN Uniform Municipal Contracting Law, and directs the City Manager to establish an administrative purchasing policy for implementation or purchasing procedures. The resolution also authorizes the City's credit card policy to be incorporated as part of the purchasing policy. As a result of the inclusion of the City's Credit Card Policy within the administrative purchasing policy, the Credit Card Policy will be removed from City Council Code of Policies, Purchasing/ Disposal of Property Policies, Section 2.51 Credit Card Policy. As a result of the elimination of this policy, Section 2.52 City Disposal of Property Policy will be re-numbered as Section 2.51. Budget Issues: The approved purchasing policy will outline purchasing procedures to ensure the City continues to operate within budget parameters. Strategic Priorities: o Financial Stability T4issio,i: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING AND RE-ESTABLISHING CITY PURCHASING POLICY WHEREAS, Section 6.05 of the City Charter of the City of Brooklyn Center directs the Council to establish and maintain a purchasing policy; and WHEREAS, the City's established purchasing policy is based on the State of Minnesota uniform municipal contracting law found in Section 471.345 of the State Statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the purchasing policy established by City Council Resolution No. 96-106 and that the credit card use policy established by the City Council Resolution No. 2014-36 be hereby rescinded. The following policy is hereby adopted: The policy of the City of Brooklyn Center shall be to follow the uniform municipal contracting law set forth in Minnesota Statutes Section 471.345 as the same maybe amended or renumbered from time to time. The City Manager shall be the chief purchasing agent for the City; all purchases for the City and all contracts shall be made or let by the City Manager for which state law does not require solicitation of bids. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager be, and hereby is, directed to establish an administrative purchasing policy to implement the provisions of the municipal contracting law. The administrative policy shall include provisions on the City use of credit cards for the transactions of certain purchases. April 25, 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. Fil Proposed Update: 4/25/2016 City ofBrooklyn Center Purchasing Policy TABLE OF CONTENTS 1.PURPOSE 2.POLICY 3. PROCEDURES a.Authorization b.Federal Grants c.Invoices d.Accepting Delivery e.Payment of Bills f.Municipal Contracting La g.Routine Transactions h.Splitting of Contracts i.Cooperative Purchasing F j.Bonds k.Capital Pur:hases I. m. EmergencyPurchases Liquor.Store n.Ekense Reimbursement 0.BudgetaryCompIiance p. .çeneraIOffice Supplies q.i ennoiogy txpenses r.Ctral Garage 's. BiIIng Address t. Receiving of Goods U. Conflicts of Interest v. Sales Tax Exemptions 4. PURCHASE ORDERS APPENDIX A: AUTHORIZED EMPLOYEES APPENDIX B: PETTY CASH PROCEDURES APPENDIX C: CREDIT CARD POLICY 1.PURPOSE Assure that all purchases are made in accordance with the laws of the State of Minnesota, the City Charter, City ordinance, and other policies of the City of Brooklyn Center. The policy will provide uniform purchasing procedures within the City's departments. Also to allow the City Manager adequate controls over purchasing functions which are well established and adhered to, and which also may be modified by the City Manager as needed for efficient operations within the organization. 2.POLICY Disbursements must be properly authorized, appropriately classified within the City's chart of accounts, and accurately recorded in the financial system. 3. PROCEDURES a. Authorization Authorized employees for approving purchases policy. Quick Reference - Au'--- thorization Thresholds <$1,000 May be approved by authorized purdtaser , $1,000 - $9,999 Department Hed pprova1 of invoice Purchase order required with Department Head preapproval of purchases, 2 $10,000 - $24,999 quotes required or purchased through a cooperative purchasing program, Departhipilt Head appro.val of invoice Purchase order repired with Department Head preapproval of purchase, 2 $25,000 - $99,999 -quotes required oF urchased thrQugh a cooperative purchasing program, Department Head & City Manager approval of invoice > $100,000 •,Formal bidding procss Authoriiäfioi: InIpes 6f.$1,900 oLçss may be approved by any of the authorized employees as Ailthzatft4 Invôicèmust be approved by the Department Head. If the ani'Ôiit\of the purchase is estimated to be $10,000 or less, quotations are not required. However, if the purcuiase i\s made upon quotation, it will be based on at least two quotations which will be kept on file ftâ period of at least one year after their receipt. Purchases from a cooperative purchasing program do not require quotations. Purchases between $10,000 and $24,999 Authorization: Purchase orders are required for all purchases in excess of $10,000 prior to the placement of any order for goods, services, training, repairs, service calls, etc. It is acceptable to use an estimate of the cost of goods and services when filling out a purchase order. All purchases greater than $10,000 must be preapproved by the Department Head. Invoices in excess of $10,000 must be approved by the Department Head. Purchases between $10,000 and $24,999 may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase when possible, unless it can be shown that the product or service is only available from one source, or purchased through a cooperative purchasing program. All quotations should be submitted to Finance with the purchase order, or when applicable retained by the department, and will be kept on file for a period of at least one year after receipt thereof. Purchases between $25,000 and $99,999 Authorization Purchase orders are required for all purchases jnesf $25,000 prior to the placement of any order for goods, services, training, repairs, eiyice caTiletc It is acceptable to use an estimate of the cost of goods and services when filling it'a\purchaseder All purchases ) \greater than $25,000 must be preapproved by the Department Hea\daid City Mager. Invoices in excess of $25,000 must be approved by the Departr4n(Head and Ci' ianagr\ Purchases between $25,000 and $99,999 may be made either upon sealed bids or by direct negotiation, by obtaining two or more quoh.tions for the purchase or sle when possible, unless it can be shown that the product or service is only available from one source, or purchased through a cooperative purchasing program: All quotatiOn. should be submitted to Finance with the purchase order, or when applicable retained by the department, and will be kept on file for a period of at least one year after receipt thereof. .. Authorization: Formal bidding process, is required. ..Inoies over $100,000 must be approved by the Department Head and City Managr prior to payment. All purchases coerd by the Uniform Municipal Contracting Law, over $100,000 require preparation of form peal bids and specifications. Bids must be advertised in the City's legal newspaper, at leat 10 days in advance of the last day for the submission for the bids. AdvertiinaJor bids must be coordinatd with the City Clerk. Coiiicil resolution upon recommendation by City Manager. With ts for the purchase of supplies, materials or equipment must be isible bidder. b. Fedenl1rnts The City has e1eed to exercise the optional "grace period" for federal procurements and delay implementation'óf the procurement standards under the Office of Management & Budget's Uniform Grant Guidance ("Super Circular") for all federal grants through December 31, 2016. The City will continue to use existing procurement policies and procedures under the old standards for any federally funded procurements through December 31, 2016. Beginning on January 1, 2017, under the Uniform Grant Guidance competitive quotations will be required for all federally funded purchases over $3,000. If competitive quotations do not occur, the purchaser must documents one of the following exceptions; the item is available only from a single source, an emergency will not allow a delay from competitive solicitation, or the federal awarding agency. authorizes noncompetitive proposals in writing. C. Invoices Finance will forward original or electronic copy of original invoices received to the Department Head or authorized staff member for approval of final payment. Original invoice or electronic copy of original invoice with approval must be returned to the Finance Department. Departments will be responsible for the proper account coding and a short description of the invoice. d.Accepting Delivery Before accepting delivery, the department receiving the goods or services must determine that the purchase received reflects the order, that they are in a good, usable condition and that the correct quantity is present If a receiving slip is included, it must be factors before it is signed.( 7 e.Payment of Bills Payment of all bills will be on a schedule and procedure established by the Finance Director.VNCurrently invoices are required to be delivered to the Finance Dãtrnent on Friday afternoon for processing with the payments made the follovg Thursday. - Invoices must be processed and submitted to Finance in order to be paid within 15ii 35 days of the inyoice date, 'in compliance with State Statutes, unless the invoice is in dispute. Departments should notify the Finance Department of any invoices in dispute and the dispute should--be documented on the inv n oice or accompanying the invoice (this can be done through Iotes field attached to a electronic copy of the invoice). Payments, prior to department approval, may be authorized jy the Finance Director on a case by case basis, if it is deterinine to be advantageous to receive early payment discounts or to avoid late penalties. ( f. Municipal Contr aoi)jilaw - The City should fcfllow Miimesota State Statute 471.345 Uniform Municipal Contracting Law when entering into any agreement for the sale or purchase of supplies, materials, equipment or the rental thereof, or the çonstruction, 'a1tration, repair or maintenance of real or personal property. For construction p ojects tIat are conptitively bid, responsible contractor laws must be followed which require contractors to meet ,cetain minimum criteria to be eligible to be awarded a Roufifiejran^sabtions,` "defined by the Finance Dir ector, such as utility bills and insurance payments will be pro c e s sed,6nd appiored by the finance department h. Splitting bf€ntracts Authorization and bidding requirements cannot, and shall not, be avoided by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. For example, the City cannot purchase $175,000 of lumber in several transactions, each involving an expenditure of less than $100,000. If there are questions about whether a contract may be split into several contracts, the City Manager must be consulted. i.Cooperative Purchasing Programs A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. The City of Brooklyn Center encourages participation with the State of Minnesota, Hennepin County or other governmental agencies in cooperative purchasing where the result of the purchase is in the best interest of the City. .. - j.Bonds The City will follow state law for contractors bonds which are required for projects as stated in MN Statutes 574.26. The City Manager may require perfoimahe bonds for purchase of equipment,. where there is an extended length of time between the order and completion and delivery of the equipment. k. Capital PurchasesCapital equipment and improvements should be included in the annual budget. Purchases of capital equipment and improvements that were not incltidéd in the budget or additional funds are needed that exceed $1,000 require aprovaI by the City Managr prior to the purchase. It is recommended that this is completed thiough a signed purchase ordr. 1. Emergency Purchases In the event of an emergency, nuwhere thei:e are exteating conditions that need to be addressed immediately, the City Manager must be unformed, and will make the determination on how to proceed. m.Liquor Store The City, will - routinely purchase nrchandise for resale in our off-sale liquor operations. Inventory purchase 'must be approved by the Liquor Operations Manager. Inventory levels will be reviewed on a ftiónthly basi, with inventory minimum and maximum goals defined by the rations Manager in accordance with market best practices. A listing of approved L ^ bO vs wil\l aibe mntained by BC Liquor, the vendor list shall be approved by the Liquor One on-, Manager and Finance Director. n.ExpenêEeimbursement Employee exp ense reimbursements, including mileage and meals, are to be reimbursed by submitting formpecific to those expenses to the Finance Department. o. Budgetary ComplianceAll departments, divisions and operations of the City of Brooklyn Center must follow purchasing procedures. Purchases must be made in accordance with the adopted budget. Charges or expenditures which may be in excess of your division's appropriated budget must have prior approval by the City Manager. It is recommended that this is completed through a signed purchase order. p.General Office Supplies General office supplies will be coordinated by the Finance Department. Supplies should be ordered through the designated supply vendor, unless a lower priced vendor is available, limitations will be made for each department. q.Technology Expenses Expenditures for Technology (computers, etc.), must be made in accordance with the City's Information Technology Policy. Expenditures for technology not made by the Information Technology Department must be pre-approved by Information Technology Department. It is recommended that this is completed through a signed purchase-order. Purchases and rentals of technology equipment for clients of the Earle Brown Heritage Center do not require prior approval from the Information Technology Department. r.Central Garage Expenditures for capital equipment (purchases, repairs &,maintenance, etc.), that ae not made by the Central Garage Department must be preàproved by entral Garage Department. It is recommended that this is completed through a signed purchase order. s.Billing Address When the vendor ships the product, the vendor must invoice the City. You can inform the vendorv _k that the shipping address is separate fiorn'the billing address so pro1ucts are shipped to the proper location. The billing address for invoices is theCity of Bro6klyn Center attention Finance Department. Invoices may diso he di'retIy emailed to 4he Finance Department using the email address ap@ci.brooklyn-centeriii.us . Unless invoices attached to products for delivery, all invoices must be diiyct&I to the Finance 1iepartinent, not an individual office or person. t.Conflicts of Intdst Employees are required to provide notice to the Finance Director of any conflicts of interest prior to entering mto transactions on behal qf the City. No employee, officer, or agent must participate in the selection, avrd, or dministratin of a contract supported by a Federal award if he or she has a. real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer,' or-agent, any minber of his or her immediately family, his or her partner, or n organization whih employs or is about to employ any of the parties indicated herein, has financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officer,employees, and agents of the City must neither solicit nor accept gratuities, favors, or anythihg of monetary value from contractors or parties to subcontracts. u.Sales Tax Ex.mptions Most City purchases are exempt from State sales tax. Vendors should be notified of this exemption when making a purchase and each vendor should be provided a Certificate of Exemption (ST3 Form). 4. PURCHASE ORDERS Purchase orders may be used for any purchase, but are required for all purchases in excess of $10,000. It is recommended that purchase orders are used for any purchase which requires documented pre-approval. When used the following procedures are recommended: a. Information which must be completed on the purchase order is the date; company where goods will be purchased; program (five digit activity) number; account number (four digit); quantity; general description of purchase; and cost or estimated cost of purchase. All purchase orders must be completed and signed by authorized personnel,uiäc]idepartment (please see Section 5 of this policy).( b.The white copy of the purchase order goes to the forwarded to the Finance Department. c.The Public Works Garage and EBHC di until invoices are received at their divi attach purchase orders to the proper mv orders are the i6fholdinii6 ,13urchase orders Public Works Garage and EBHC will then idforwaratFmancefor bill payment APPENDIX A: AUTHORIZED EMPLOYEES The following is a list of positions that are authorized by the City Manager to purchase goods or services for the City within the requirements of the Purchasing Policy. Administration *City Manager *A ss i st ant City Manager Information Technology Director Human Resources Director City Clerk Human Resources Specialist Building & Community Standards *Building & Community Standards Director Deputy Director of Building & Community Standards Housing Community Standards Supervisor Administrative Assistant Business & Development*B us iness & Development Director Planning & Zoning Specialist *Community Activities, Recreation & Servies Dircc Program Supervisor(s) ( Administrative Assistant Golf Course Superintendent Maintenance Supervisor(\ IEarle Brown Heritage Cc?t?r Director Earle Brown Heritage cehthr Secretary/Billing Clerk Earle rowñ Heritage ceter Operations Director Earle Bown Heritage Certer Sales ,Director Earle Brown 'Heritae Center Maintenance *Fi scal and Suppoitvices Director Assistant Finance Dirtor Accountant Account Technician II Utility Billing Technician Liquor Operation Manager Liquor Store Manager(s) Assistant Store Manager Liquor Store Office Assistant Fire *Fire Chief Deputy Fire Chief Police *Chief of Police Commander(s) Administrative Assistant Public Works *Di rect or of Public Works/City Engineer Assistant City Engineer Project Engineer Engineering Technician Public Works Administrative Assistant Deputy Director of Public Works Supervisor of Streets and Parks Supervisor of Public Utilities Central Garage Technician Public Works Administrative Technician *D eno tes Department Head 2. Petty Cash Procedures a.The custodian of him/her. b.The cash onhand C. d. APPENDIX B: PETTY CASH PROCEDURES The City has petty cash available for minor purchases made out of pocket by the employee. All departments, divisions, and operations of the City must follow the petty cash procedures. The maximum amount of petty cash one can be reimbursed is $30. The following are authorized to maintain a system of petty cash: City Clerk, EBHC Manager, Recreation Director, and Police Chief or Police Chiefs designee. Original receipts are required to obtain petty cash reimbursement. 1. Petty Cash Procedures - Employee Reimbursement For purchases over $30, employees must submit a voucher to the Finance Department for reimbursement. For purchases under $30, employees maybe reimbursed using the petty cash procedures outlined below from the City Clerk or their department's custodian ofpetty cash: a.An employee requesting petty cash reimbursement must submit the original ieceipt to the custodian of petty cash. Petty cash will be reinbed to a maximum of $30.00:urs b.The petty cash receipt (provided by the custodian) must be completed including the description of the item, amount, date, account number, received by signature and approved by signature. The employee must provide the account number. c.The receipt of petty cash is stapled to the oiginal receipt. d.The employee is reimbursed the'requestel amount.VA times have a record of the total cash entrusted to :eceipts accepted from employees shall at all times equal the total. ied from the petty cash account for any reason other than to reimburse iitted complete and proper receipts. ical ly balance the cash account and submit the receipts to the Finance hient. All receipts for expenses and petty cash must be reconciled for UTHORIZED PETTY CASH ACCOUNTS AS OF January 1, 2016 City Clerk $200.00 Police Administration $130.00 Community Center $100.00 Earle Brown Heritage Center $200.00 APPENDIX C: CREDIT CARD USE POLICY Adopted 09/19/2007 Revised 3/24/2014 Proposed 4/25/2016 Authorized Account Holders The City will issue credit cards to the following positions: City Manager City Manager's Designee Chief of Police Public Works Director Community Activities, Recreation & Services Earle Brown Heritage Center Director Recreation Program Supervisor Staff authorized by the City's City issued credit card by con that are not authorized accoqi or make purchases using at C holder. The Finance c card accounts. level of need, City's Purc,ha Upon tcrmina Department oi Lirchase on behalf of the City may make charges to a rized accobnt holders for account information. Staff n this poljcy, shall not retain credit card information without prior approval from an authorized account säb1ishing, updating, and closing all City issued credit will be established individually, based on an appropriate limit on these accounts will be in accordance with the with the City, the City issued credit card will be returned to the Finance oyee's last day of employment. Purchases using a City issued credit card authorized by this policy include those purchases that cannot readily be made through the City's normal vendor payment process, as outlined in the City's Purchasing Policy. These items include, but are not limited to: airline and hotel accommodations for authorized conferences and training, training and conference registrations, purchases made over the internet for items that cannot be purchased by other means or for cost savings, and purchases or rentals of equipment that require immediate payment (i.e., delivering and retrieving election equipment from voting places). *No te .. Use tax will be added to any item Card users should ensure that the Minnesota, 6875%. For purchases the vendor with a comvletedM inn required to pay local saleJ Minneapolis Stadium sales Center and Minne6j5l?o IHowever, the Ci; required hotel or dining within another The budget with each s codes. r,J or the City issued credit cards are to be used for authorized City purchases only. No personal use of the City issued credit card is allowed. No single purchase shall be made on a City issued credit card that exceeds the credit limit available on that card. Documentation for Purchases The billing statement from the credit card issuer does not contain sufficient information to document a purchase made. Appropriate documentation is required for all purchases to verify compliance with this policy and the City's Purchasing Policy. A copy of the invoice or receipt for payment must be included to Receipts from vendors that only list the total charged are not col receipt must identify all products or services purchased, slpp) confirmation of an internet purchase may be sufficient to comp1' not immediately available, the invoice must be forwarded-to th available and another form of documentation must accoiiianv the charge. • on the card. ntation. The A printed an invoice is ri it becomes Any meals charged to a Cit: the purpose of 'meeting held. chased in Minnesota. ta3àte is used wh)i a collects sales tax for are exeniptfiom sales)à$, the City is required to provide \ertiJicate\ of\Exemplion (ST3 Form) The City is not The ennepii 1 Qounty Stadium sales tax of 0.15% or the (The zippqde 5430 includes property in both Brooklyn ors may -,incorrectly charge the Minneapolis sales tax.) y special sales tax, such as a hospitality tax charged on bcharged must accompany all documentation included e Department with questions on the appropriate account card should include an explanation of those in attendance and In any instance where a product or service purchased with a City issued credit card is returned or canceledXA the transaction must berefunded to the credit card account Review and Payment of City Issued Credit Card Statements All credit card statements will be reviewed by the Finance Department for compliance with this policy. Additional documentation may be requested from a card user to ensure compliance with this policy and the City's Purchasing Policy. Payment of the outstanding balance of City issued credit cards will typically be made through the City's normal vendor payment process, however, the Finance Department reserves the right to pay the credit card bill outside the normal vendor payment process if necessary to avoid finance charges. Upon receiving the monthly credit card statement, account holders should match credit card charges with supporting documentation to ensure all charges have been accounted for. The documentation shall be forwarded to the Finance department within 5 business days from when the current statement is received, to ensure prompt payment and to avoid finance charges. The Finance Department will periodically review the use of the City issued credit cards to determine if accounts can be established with vendors where repetitive purchases ar9•'niade. If an account has been established with a vendor, all purchases should be made through" that process, unless extenuating circumstances exist, Unauthorized Purchases/Noncompliance with Policy Personal use of the City issued credit card is prohibited.(\ Each card holder will be responsible for ensuring that purchases..madc with theif card comply with this policy and the City's Purchasing Policy. Puichases that do not comply with t'his policy, or that are not approved by the City Council, may become the personal responsibility of the card holder and/or purchaser. Not covered under this policy This policy does not resrict-"the use of personal credit cards for purchases/payments eligible for reimbursement from the City tin accordanëe 'ith the City's Purchasing Policy. In addition to the City creditcard accounts the City has credit cards with the following vendors Sam's A list of cardholdefs is ,maintained by the Finance Department for these accounts After a purchase is made the receipt/purcli'âsè order should be approved, coded and sent to the Finance Department to reconcile with the monthly bill. City of Brooklyn Center Purchasing Policy Adopted: 5/1996 Updated: 8/2008 Purchasl*n(y Poli*cy 8/2008 City of Brooklyn Center Administrative Purchasing Policy Purpose Assure that all purchases are made in accordance with the laws of the State of Minnesota, the City Charter, City ordinance, and other policies of the City of Brooklyn Center: To provide uniform purchasing procedures within the City's departments. Also to allow the City Manager adequate controls over purchasing functions which are well established and adhered to, and which also may be modified by the City Manager as needed for efficient operations within the organization. 2. Minnesota State Statute 471.345 Uniform Municipal Contracting Law The City Council of the City of Brooklyn Center has adopted, and will comply with, State Statute 471.345 Uniform Municipal Contracting law as follows: Subdivision 1. Municipality defined. For purposes of this section, "municipality" means the City of Brooklyn Center. Subdivision 2. Contract defined. A "contract" means an agreement entered into by a municipality for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. Subdivision 3. Contracts over $100,000. If the amount of the contract is estimated to exceed $100,000, sealed bids will be solicited by public notice in the manner and subject to the requirements of law. Subdivision 3a. Contracts over $100,000; best value alternative. As an alternative to the procurement method described in subdivision 3, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subdivision 4. Contracts from $25,000 to $100,000. If the amount of the contract is estimated to exceed $25,000 but not to exceed $100,000, the contract maybe made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained will be kept on file for a period of at least one year after receipt thereof. Subdivision 4a. Contracts from $25,000 to $100,000; best value alternative. As an alternative to the procurement method described in subdivision 4, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subdivision 5. Contracts less than $25,000. If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, at the discretion of the City. If the contract is made upon quotation, it will be based, so far as practicable, on at least two quotations which will be kept on file for a period of at least one year after their receipt. /NOTE: Subdivisions 5a through 14 and 19 have not been listed in this administrative purchasing policy as they are not relevant to contracts; however, these subdivisions have been adopted as part of the Uniform Municipal Contracting Law.] Subdivision 15. Cooperative Purchasing. A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by aj oint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. Subdivision 16. Reverse auction. Notwithstanding any other procedural requirements of this section, a municipality may contract to purchase supplies, materials, and equipment using an electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest selling price in an open and interactive environment. A municipality may not use this process to contract for services, as defined by section 16C.02, subdivision 17, or a service contract, as defined by section 16C.02, subdivision 16. Nothing in this subdivision must be construed to prohibit a municipality from adopting a resolution, rule, regulation, or ordinance relating to minimum labor standards under subdivision 7, or procurement from economically disadvantaged persons under subdivision 8. Subdivision 17. Electronic sale of surplus supplies, materials, and e q uipment. Notwithstanding any other procedural requirements of this section, a municipality may contract to sell supplies, materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. Subdivision 18. Electronic bidding. Notwithstanding any other procedural requirements of this section, vendors may submit bids, quotations, and proposals electronically in a form and manner required by the municipality. A municipality may allow bid, performance, or payment bonds, or other security, to be furnished electronically. City employees will comply with the requirements of both the Uniform Municipal Contracting Law as described in Section 2 of this policy and the requirements of Sections 3 through 15. 3.Purchasing Procedures Contracts over $100,000 All purchases covered by the Uniform Municipal Contracting Law, over $100,000 require preparation of formal bids and specifications. Bids must be advertised in the City's legal newspaper at least 10 days in advance of the last day for the submission for the bids. Advertising for bids must be coordinated with the City Clerk. The contract is awarded by Council resolution upon recommendation by City Manager. With limited exceptions, all contracts for the purchase of supplies, materials or equipment must be rewarded to the lowest responsible bidder. When supplies or equipment are competitive in nature, specifications cannot exclude all but one type of equipment or supplies (Minnesota Statutes 471.35 to 471.36). Proposals and specifications must allow free and full competition. Bidding requirements cannot, and shall not, be avoided by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. For example, the City cannot purchase $175,000 of lumber in several transactions, each involving an expenditure of less than $100,000. If there are questions about whether a contract maybe split into several contracts, the City Manager must be consulted. Contracts or purchases from $25000 to $99,999 All purchases $25,000 and over must be pre-approved by the City Manager, by recommendation from the Department Head. Such purchases should be based on two (2) written quotations unless it can be shown that the product or service is only available from one source, or purchased through a cooperative purchasing program. Contracts or purchases less than $25,000 Purchases of $24,999 or lower may be approved by the Department Head or authorized assigned staff member. Such purchases must fall within the approved budget. Purchases over $1,000 must have two quotes or must be purchased from a cooperative purchasing program. 4.Cooperative Purchasing Programs The City of Brooklyn Center encourages participation with the State of Minnesota, Hennepin County or other governmental agencies in cooperative purchasing where the result of the purchase is in the best interest of the City. 5. Purchase Orders Purchases must be made in accordance with the adopted budget. All departments, divisions and operations of the City of Brooklyn Center must follow purchase order procedures as directed by the City Manager. Changes or expenditures which may be in excess of the appropriate account in your budget must have prior approval by the City Manager. Purchase orders are required for all purchases in excess of$1 00 prior to the placement of any order for goods, services, training, repairs, service call, etc. It is acceptable to use an estimate of the cost of goods and services when filling out a purchase order. You may also need to obtain quotes from vendors for service or goods prior to ordering repairs or purchasing. Again, purchase orders are required to be completed prior to placing an order. Field order books or petty cash may be used for purchases under $25. A purchase order will be issued by the Department Head or assigned authorized personnel for purchases up to $24,999. Purchases from one invoice over $25,000 must comply with the Administrative Purchasing Policy and be approved by the City Manager. Before accepting delivery, the department receiving the goods or services must determine that the purchase received reflects the order, that they are in a good, usable condition and that the correct quantity is present. If a receiving slip is included, it must be reviewed for these factors before it is signed. 6.Invoices Finance will forward the invoices to the Department Head or authorized staff member for approval of final payment. Original invoice with approval must be returned to the Finance Department. Routine transactions such as utility bills, insurance benefits, progress payments for construction projects, sales tax payments, liquor store inventory purchases, maintenance contracts, police booking fees, mileage reimbursement, membership fees, park/recreation refunds, and umpire/referee voucher checks do not need purchase orders, but must be forwarded to the City Manager for approval of payments in excess of $25,000 for one invoice. The City Manager must also approve invoices if the cost exceeds the purchase order by $500. Invoices must be processed and submitted to Finance to be paid within 30 days of the invoice date, in compliance with State Statutes, unlessthe invoice is in dispute. 7.Payment of Bills Payment of all bills will be on a schedule and procedure established by the Finance Director. 8.Bonds The City will follow state law for contractors bonds which are required for projects as stated in MN Statutes 574.26. The City Manager may require performance bonds for purchase of equipment such as a fire truck, where there is an extended length of time between the order and completion and delivery of the equipment. 9.Capital Outlay Capital outlay items purchased are items reflected in the current budget. The City Manager must approve all purchase orders for Capital Outlay in excess of $25,000 prior to such purchase. If a capital item is not within the current budget or additional funds are needed for such purchase, such request must be placed in writing to the City Manager for approval prior to such purchase. A fixed asset number is assigned to all capital equipment with a value of $2,000 or more. You must obtain a fixed asset number from the Finance Department upon receipt of capital equipment. If a fixed asset from your department is being transferred, auctioned, exchanged or eliminated, you must contact finance to inform them of the status of this fixed asset. 10.Consulting Services The City may use a consultant for such services as architect, engineer, accountant or person with technical, scientific, or professional training. It is not necessary to advertise for bids for consultants. It is reasonable to request bids from several consultants prior to making a recommendation to the City Manager to enter into such contracts. 11.Emergency Purchases In the event of an emergency, where there are extenuating conditions that need to be addressed immediately, the City Manager must be informed, and will make the determination on how to proceed. 12.Liquor Store The City will enter into agreements for purchase of merchandise for resale in our off-sale liquor operations. Such agreement must have approval of the City Manager. 13.Petty Cash The City has petty cash available for minor purchases made out of pocket by the employee. The maximum amount of petty cash one can be reimbursed is $25. The following are authorized to maintain a system of petty cash: City Clerk, EBHC Manager, EBHC Innkeeper, Recreation Director, and Police Chief or Police Chief's designee. Original receipts are required to obtain petty cash reimbursement. 14.Sole Provider The City must follow uniform contracting law. If the City purchases goods from a provider which appears to be the sole provider, the City must maintain records showing a good faith effort to ensure that this in fact is the sole provider, and no other vendors are available. Purchases from a sole provider must be approved by the City Manager following the limits stated above. 15.Accounts The City Manager must approve all applications for accounts or lines of credit prior to opening any account or line of credit. Any such applications must be pre-approved by the Department Head and forwarded to the Purchasing Agent. City Manager Date I u iw City of Brooklyn Center Purchase Order Procedures 8/2008 Purchase Order Requirements - All departments, divisions and operations of the City of Brooklyn Center must follow purchase order procedures. Purchases must be made in accordance with the adopted budget. Changes or expenditures which may be in excess of the appropriate account in your budget must have prior approval by the City Manager. The City of Brooklyn Center encourages participation with the State of Minnesota, Hennepin County or other governmental agencies in cooperative purchasing where the result of the purchase is in the best interest of the City. General office supplies will be ordered by the Purchasing Agent. Purchase Order Procedures Purchase orders are required for all purchases in excess of $100 prior to the placement of any order for goods, services, training, repairs, service calls, etc. It is acceptable to use an estimate of the cost of goods and services when filling out a purchase order. You may also need to obtain quotes from vendors for service or goods prior to ordering repairs or purchasing. Again, purchase orders are required to be completed prior to placing an order. Field order books or petty cash maybe used for purchases under $25. A purchase order will be issued by the Department Head or assigned authorized personnel for purchases up to $24,999. Purchases from one invoice over $25,000 must comply with the Administrative Purchasing Policy and be approved by the City Manager. Information which must be completed on the purchase order is the date; company where goods will be purchased; program (four digit activity) number; account number (four digit); quantity; general description of purchase; and cost or estimated cost of purchase. All purchase orders must be completed and signed by authorized personnel in each department (please see attached list). 2.The white copy of the purchase order goes to the vendor when necessary. Purchase orders are forwarded to the Finance Department. 3.When the vendor ships the product, the vendor must invoice the City. You can inform the vendor that the shipping address is separate from the billing address so products are shipped to the proper location. The billing address for invoices is the City of Brooklyn Center attention Finance Department. Unless invoices are attached to products for delivery, all invoices must be directed to the Finance Department, not an individual office or person. 4. The Public Works Garage and EBHC divisions will pull and hold their purchase orders until invoices are received at their divisions. The Public Works Garage and EBHC will then attach purchase orders to the proper invoice, code and forward to Finance for bill payment. Receiving of Goods - Before accepting delivery, the department receiving the goods or services must determine that the purchase received reflects the order, that they are in a good, usable condition and that the correct quantity is present. If a receiving slip is included, it must be reviewed for these factors before it is signed. All packing slips and receiving information should be forwarded to the Finance Department upon receipt of goods. If the receiving information has not been forwarded to the Finance Department upon receipt of goods, it should be attached to the invoice when the Department Head or authorized personnel signs and codes the invoice. Invoices - The Finance Department will forward the invoices to the Department Head or authorized staff member for approval of final payment. Original invoice with approval must be returned to the Finance Department. Routine transactions such as utility bills, insurance benefits, progress payments for construction projects, sales tax payments, liquor store inventory purchases, maintenance contracts, police booking fees, mileage reimbursement, membership fees, parklrecreation refunds, and umpire/referee voucher checks do not need purchase orders, but must be forwarded to the City Manager for approval of payments in excess of $25,000 for one invoice. The City Manager must also approve invoices if the cost exceeds the purchase order by $500. Invoices must be processed and submitted to Finance to be paid within 30 days of the invoice date, in compliance with State Statutes, unless the invoice is in dispute. Petty Cash The City has petty cash available for minor purchases made out of pocket by the employee. The maximum amount of petty cash one can be reimbursed is $25. The following are authorized to maintain a system of petty cash: City Clerk, EBHC Manager, EBHC Innkeeper, Recreation Director, and Police Chief or Police Chiefs designee. Original receipts are required to obtain petty cash reimbursement. Capital Outlay Purchases - Capital outlay items purchased are items reflected in the current budget. The City Manager must approve all purchase orders for Capital Outlay in excess of $5,000 prior to such purchase. If a capital item is not within the current budget or additional funds are needed for such purchase, such request must be placed in writing to the City Manager for approval prior to purchase. A fixed asset number is assigned to all capital equipment with a value of $2,000 or more. You must obtain a fixed asset number from the Finance Department upon receipt of capital equipment. If a fixed asset from your department is being transferred, auctioned, exchanged or eliminated, you must contact finance to inform them of the status of this fixed asset. City Manager Date 8/2008 Authorization: The following is a list of those people who are authorized by the City Manager to purchase goods or services for the City within the requirements of the Purchasing Policy. Administration Curt Boganey Vickie Schleuning Patty Hartwig Kelli Wick Sharon Knutson Patti Page City Manager Assistant to the City Manager IT Coordinator HR Director City Clerk HR Specialist Community Development Gary Bite! Community Development Director Nancy Wojcik Assessor Finance Daniel Jordet Fiscal and Support Services Director Clara Hilger Assistant Finance Director Nancy Cary Accountant Tom Agnes Liquor Operation Manager John LaChance Liquor Store Manager Fire Lee Gatlin Fire Chief Police Scott Bechthold Chief of Police Kevin Benner Commander Tim Gannon Commander Stu Robinson Commander Maria Nguyen Administrative Assistant Public Works Todd Blomstrom Director of Public Works/City Engineer Dave Peterson Deputy Director of Public Works John Harlow Supervisor of Streets and Parks Mark Hartfiel Public Utilities Supervisor Denise Hanson Central Garage Technician Jenny Whiting Public Works Administrative Technician Community Activities, Recreation & Services (CARS) Jim Glasoe CARS Director Joel Ericksen Kathy Flesher Sue LaCrosse Jeannine Pfann George Jennrich Arnie Mavis Program Supervisor Program Supervisor Program Supervisor Recreation Secretary Grounds Supervisor League Coordinator Mike Schlosser Maintenance Supervisor Judith Bergeland EBHC Director Bruce Ballanger EBHC Maintenance/Convention Services Supervisor Linda DeBace EBHC Secretary/Billing Clerk City of Brooklyn Center Petty Cash Procedures Petty Cash Requirements - All departments, divisions, and operations of the City of Brooklyn Center must follow the petty cash procedures. Purchases must be made in accordance with the adopted budget. Charges or expenditures which may be in excess of the appropriate account in your budget must have prior approval by the City Manager. Petty Cash Procedures - Employee Reimbursement - For purchases over $25, employees must submit a voucher to the Finance Department for reimbursement. Mileage and meals are to be reimbursed by submitting forms specific to those expenses to the Finance Department. For purchases under $25, employees may be reimbursed using the petty cash procedures outlined below from the City Clerk or their department's custodian of petty cash: 1.An employee requesting petty cash reimbursement must submit the original receipt to the custodian of petty cash. Petty cash will be reimbursed to a maximum of $25.00. 2.The petty cash receipt (provided by the custodian) must be completed including the description of the item, amount, date, account number, received by signature and approved by signature. The employee must provide the account number. The receipt of petty cash is stapled to the original receipt. 4. The employee is reimbursed the requested amount. Petty Cash Procedures - Petty Cash Account 1.The custodian of the petty cash shall at all times have a record of the total cash entrusted to him/her. 2.The cash on hand and the receipts accepted from employees shall at all times equal the total. 3.Cash shall never be removed from the petty cash account for any reason other than to reimburse employees who have submitted complete and proper receipts. 4.The custodian will periodically balance the cash account and submit the receipts to the Finance Department fore reimbursement. This will also be done once in early January to submit all receipts for expenses incurred through December 31St. City of Brooklyn Center AUTHORIZED PETTY CASH ACCOUNTS AS OF AUGUST 1, 2008 City Clerk $200.00 Police Administration $100.00 Police Holding Facility $ 50.00 Community Center $100.00 Earle Brown Heritage Center, Admin.$100.00 City Manager Date City Council Agenda Item No. 6d [I1i1II[SJ I N V WA IhY I 3W4 0) 1II P My I DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Investment Policy Recommendation: It is recommended that the City Council consider adoption of an amendment to the City's investment policy. Background: Staff has reviewed the City's investment policy last updated by City Council on October 18, 2006. In addition to clarifying language and omitting redundant language staff has recommended the following changes: - Allowing a security swap, of the same investment type, to improve the quality, yield, or target duration in the portfolio as an exception of the policy of holding all investments to maturity. - Restricting the maximum investment period to 90 days for commercial paper and reverse repurchase agreements. - Added the following as permitted investment types: • General obligation bonds of state or local governments rated A or better by a national bond rating service. • Revenue obligations or state or local governments rated AA or better by a national bond rating agency. • The Minnesota Municipal Money Market Fund (4M) established by the League of Minnesota Cities. - Increased the maximum maturity of an investment from five years to six years. - Modified the requirement that no more than ten percent of the portfolio shall be invested in securities with maturities of more than three years to maturities of more than five years. Staff believes these changes will enhance portfolio performance, while maintaining an appropriate level of risk tolerance. The City's investment policy will continue to be more restrictive than State statutes. Attached is the redlined investment policy with deletions in strikethrough and additions underlined, and a resolution adopting the proposed revisions of the investment policy for City Council consideration. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quall' of life for all people and preserves the public trust I[I1SJ[IJ I fl S I 3kYA UYA I ik'4 (I) 1'Ih1 IIIJhYA I Budget Issues: It is the policy of the City to invest public funds in a manner which will provide the highest investment return with minimum risk while meeting the daily cash flow demands of the City and conforming to all federal, state and local regulations governing the investment of public funds. Strategic Priorities: Financial Stability ]'fission: Enswiizg an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING AMENDMENTS TO THE FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES WHEREAS, the City Council of the City of Brooklyn Center adopted an Investment Policy on October 18, 2006 included in the City Council Code of Policies; and WHEREAS, revisions to Sections 2.22 Investment Policy have been reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the amended Section 2.22 Investment Policy attached hereto as Exhibit 1 be incorporated into the Code of Policies and hereby adopted. April 25, 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. 2.22 Investment Policy 1.Scope This investment policy applies to all of the investment activities of the City, except for the proceeds of refunding bond issues where the investment of such proceeds is specifically governed by the bond escrow agreement. 2.Objective A. Safety Safety and principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 1.Credit Risk Credit risk is the risk of loss due to failure of the security issuer or backer. Credit risk may be mitigated by: a. Limiting investments to the safest types of securities; and C. Diversifying the investment portfolio so that potential losses o individual securities from any type of security or from any one individual issuer will be minimized. 2.Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rate. Interest rate risk may be mitigated by: a.Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and b.By investing operating funds primarily in shorter-term securities. B.Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Furthermore, since all possible cash demands cannot be anticipated, the portfolio should contain a large component of securities with active secondary or resale markets. C.Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall be held to maturity with the following exceptions: Liquidity needs of the portfolio require that the security be sold. 2.A security of declining credit could be sold early to minimize loss of principal. 3.A security swap, of the same investment type, that improves the quality, yield, or target duration in the portfolio. D. Stable Earnings Since investment earnings are included in the budgeted revenues of the City, it is important that these earnings be stable and predictable through at least the next budget cycle. This emphasizes the need to purchase securities of various maturities so that at least half of the portfolio will remain for two or more years with known interest rates. 3. Standards of Care A. Prudence The standard of prudence to be used by investment officials shall be the prudent person standard described in Minnesota Statutes Chapter 11 8A. It will be applied in the context of managing an overall portfolio. Investment officials acting in accordance with this policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the purchase and sale of securities are carried out in accordance with the terms of the policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of the City's affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. B.Ethics and Conflicts of Interest Officials involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Officials shall refrain from undertaking personal investment transactions with the same individual with whom business in conducted on behalf of the City. C.Delegation of Authority Authority to manage the investment program is derived from Minnesota State Statutes, Chapter 11 8A and Brooklyn Center City Charter Chapter 6, Section 6.04 and is granted to the City Manager, City Treasurer, and Assistant Finance Director. Responsibility for the operation of the investment program may be delegated by the City Manager to the City Treasurer, who shall carry out the program consistent with this policy. No person may engage in any investment transaction except as provided under the terms of this policy. The City Treasurer shall be responsible to the City Manager for all transactions undertaken and shall establish a system of controls to regulate the execution of all investment transactions. D. Training To ensure the competence of its investment officials, the City shall provide the opportunity for the officials to attend such investment training programs as are available and suitable. 4. Safekeeping and Custody A. Authorized Financial Dealers and Institutions A resolution shall be submitted to the City Council at least annually to designate depositories of City funds. This shall include institutions and dealers/brokers where accounts are maintained for banking services, purchase and sale of investment securities, and the custody of securities. The City Treasurer shall provide to each broker or institution a written statement of investment restrictions which shall include a provision that all future investments are to be made in accordance with Minnesota Statutes governing the investment of public funds, prior to completing an initial transaction, and annually thereafter. An annual review of the depositories shall be conducted by the City Treasurer. Requests for Proposals for banking services and custodian for investment securities shall be conducted on a periodic basis as defined in the Policy and Procedure on Requests for Proposals for Financial Professional Services. B. Internal Controls The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgments by management. Internal controls shall include the following: 1.Control of Collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2.Custodial safekeeping. Securities purchased from any bank or dealer shall be placed with an independent third party for custodial safekeeping or held in an account with the Federal Reserve Bank of Minneapolis. 3.Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physical delivered securities. 4.Clear delegation of authority to subordinate staff members. Officials must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure. 5. Written confirmation of telephone transactions for investments and wire transfers. Due to the potential for errors and improprieties arising from telephone transactions, all transactions should be supported by written communications and approved by the appropriate official. Written communications may be via fax or email on letterhead. Institutions and brokers/dealers shall be provided with a list of authorized signers. 6. Development of a wire transfer agreement with institutions and brokers/dealers. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. 7. Independent Audit. The City's independent auditors shall conduct a thorough review of the City's investment portfolio and transactions as part of their engagement. C. Delivery Verses Payment All trades where applicable will be executed by delivery verses payment (DVP). This ensures that securities are deposited in the eligible financial institution prior to the release of funds. Securities will be held by a third party custodian. 5. Suitable and Authorized Investments A. Investment Types Consistent with Minnesota Statutes Chapter 11 8A, the following investments will be permitted by this policy: Securities that are the direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress; including governmental bills, notes, bonds, and other securities. United States Securities: including bonds, notes, bills or other securities which are direct obligations of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress, which carry the full faith and credit of the United States. 2. Commercial paper issued by U.S. corporations or their Canadian subsidiaries that is rated in the highest quality by at least two nationally recognized rating agencies and matures in days or less. Time deposits that are fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of U.S. banks. Certificates of Deposits (Time Deposits) that are fully insured by the Federal Deposit Insurance Corporation. 4.Repurchase agreements and reverse repurchase agreements may be entered into with financial institutions identified by Minnesota Statutes Chapter 118A. Reverse repurchase agreements may only be entered into for a neriod of 90 days or less and only to meet short-term cash flow needs. 5.Securities lending agreements may be entered into with financial institutions identified by Minnesota Statutes Chapter 11 8A. 6. Minnesota joint powers investment trusts may be entered into with trusts identified by Minnesota Statutes Chapter 11 8A. 7. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of short term securities permitted by Minnesota Statutes Chapter 11 8A. Bonds of the City of Brooklyn Center issued in prior years, may be redeemed at current market price, which may include a premium, prior to maturity using surplus funds of the debt service fund set up for that issue. Such repurchased bonds shall be canceled and removed form the obligation of the fund. 9.General obligation bonds of state or local governments rated A or better by a national bond rating service. 10.Revenue obligations or state or local governments rated AA or better by a national bond rating agency. 11. The Minnesota Municipal Money Market Fund (4M) that was established by the League of Minnesota Cities to address the investment needs of Minnesota cities. - - C.Collateralization To the extent that deposits in bank accounts, certificates of deposit, and repurchase agreements exceed the available federal deposit insurance, collateral shall be furnished by the financial institution in accordance with Minnesota Statutes Chapter 11 8A. D.Maximum Maturities When purchasing investments, the Treasurer will attempt to match the maturity to future cash flow requirements. The City will not invest in securities maturing more than five six years from the date of purchase. No more than ten percent of the City's portfolio at any time shall be invested in securities with maturities of more than three five years. 6. Reporting A.The City Treasurer shall prepare a monthly investment report to the City Manager which shall include a succinct management summary; a list of significant transactions such as purchases, sales, and maturities of investments; a list of investments by type, a list of investments by maturity, a calculation of average yield on the portfolio, and a statement of interest earned. This report will be prepared in a manner which will allow the City Manager to ascertain whether investment activities during the month have conformed to the investment policy. B.A statement of the market value of the portfolio shall be issued at least annually. This will review the investment portfolio in terms of value and subsequent price volatility. Reference: 0 City Council Resolution Nos. 2006-120; 97-60; 90-105 City Council Agenda Item No. 6e E$]JJ[IJ I fl I V k'A U'A I 'A [I) 1I 1Ij I DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Meeting Schedule for 2017-2018 Budget Recommendation: It is recommended that the City Council consider a motion approving the following budget planning and approval dates. The schedule includes joint work session meetings with the Financial Commission. Background: These meetings will be held to discuss the development of the budget document for the 2017 fiscal year with projections for the 2018 fiscal year. The meetings are all to be held at 6:30 PM on Mondays (unless otherwise noted) in the City Council Chambers at City Hall. It is requested that the Council approve placement of these dates on the official calendar of Council meetings. Monday, December 5, 2016 has been reserved for a public hearing on the proposed budget and levy. The intention is to schedule this meeting as a special meeting which will allow City Council to approve the proposed budget and levy following the public hearing. Date June 6, 2016 July 18, 2016 August 3, 2016 August 15, 2016 August 29, 2016 October 3, 2016 October 17, 2016 November 7, 2016 December 5, 2016 Topic CAFR Presentation and Auditor's Report Capital Improvement Plan, Capital Project Funds General Fund (Wednesday) General Fund Recommended Preliminary Levy Special Revenue Funds, Debt Service Funds, Internal Service Funds Utility/Enterprise Funds and Rates Utility/Enterprise Funds and Rates (continuation as needed) Public Hearing & Proposed Adoption of Budget and Levy (7:00 pm) Attached is a listing of the dates and topics for City Council actions on the 2017/18. Mission: Ensuring an attractive, clean, safe community that enhances the qIl(llity of life and preserves the public trust City Council and Financial Commission Budget Schedule for 2017-2018 June 6, 2016 Monday Work Session CAFR Presentation and Auditors Report July 18, 2016 Monday Work Session Capital Improvement Plan and Capital Project Funds August 3, 2016 Wednesday Work Session Genera! Fund - Revenue/Department Requests August 15, 2016 Monday Work Session Genera! Fund - Department Requests August 29, 2016 Monday Work Session General Fund - Recommended Preliminary Levy September 12, 2016 Monday Regular City Council Meeting Proposed adoption of preliminary levy and preliminary governmental funds budgets October 3, 2016 Monday Work Session Special Revenue Funds, Debt Sen/ice Funds Internal Service Funds October 17, 2016 Monday Work Session Utility/Enterprise Funds November 7, 2016 Monday Work Session Utility/Enterprise Funds (as needed) November 28, 2016 Monday Regular City Council Meeting Proposed adoption of the 2017 pay plan, 2017 cafeteria contribution and 2017 utility rates December 5, 2016 Monday Special City Council Meeting Public hearing on the recommended budget and levy followed by proposed adoption of final tax levies and budgets December 12, 2016 Monday Regular City Council Meeting Continuation, as needed, of recommended budget and levy discussion/approval City Council Agenda Item No. 6f I [i1uJJ I N V I M4 U'A I Dk'4 [I] 1I I1IJk' I DATE: April 19, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Authorizing an Amendment to a Site Lease Agreement with Sprint Spectrum Realty Company, L.P. Recommendation: It is recommended that the City Council consider approval of a resolution authorizing an amendment to a site lease agreement with Sprint Spectrum Realty Company, L.P. at Water Tower No. 1. Background: Sprint Spectrum Realty Company, L.P. has submitted an amendment to the City to extend their agreement for wireless antennas on Water Tower No. 1 located in the southeast quadrant of 69th and France Avenues. The original 20-year agreement dated February 28, 1997, allowed Sprint to install their antennas and facilities on Water Tower No. 1. Since the original install, Sprint has modified their facilities twice, which were addressed by agreement amendments. This lease extension amendment will be automatically renewed every 5-years up to an additional four terms. The rent will continue to be increased by approximately 5 percent annually. These terms are consistent with the original lease agreement and other leases in the antenna lease program. The agreement has been reviewed and deemed appropriate by the City Attorney. Budget Issues: The Water Utility Fund will receive a onetime administration fee of $2,500 and an annual fee in accordance with the site lease agreement amounting to $38,582.74, as established for 2017. These fees are consistent with the City's antenna lease program. Strategic Priorities: Key Infrastructure Investments Wiss!on: Ensuring an attractive, clean, saji?, inclusive co,mnundj' that enhances the quality of life or all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO._________ RESOLUTION AUTHORIZING AN AMENDMENT TO A SITE LEASE AGREEMENT WITH SPRINT SPECTRUM REALTY COMPANY L.P. WHEREAS, the City of Brooklyn Center entered into a Site Lease Agreement dated February 28, 1997, with Sprint Spectrum Realty Company L.P. for the purposes of allowing the installation and operation of antenna arrays at the City's water tower facility located at 6831 France Avenue, and was subsequently amended by Amendment No. 1 dated January 22, 2013, and by Amendment No. 2 dated December 18, 2014; and WHEREAS, Sprint Spectrum Realty Company L.P. has requested an extension of the terms of the Agreement, which are set to expire December 31, 2016. The new terms as defined within Amendment No. 3 of the agreement will commence January 1, 2017. As part of this amendment, the lease will be automatically renewed for four additional 60 month terms unless either party gives written notice; and WHEREAS, the modified terms contained in Amendment No. 3 are consistent with the terms of the original agreement and consistent with the typical practices and terms of the City's antenna lease program. 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 to execute Amendment No. 3 to Site Lease Agreement dated April 25, 2016, between the City of Brooklyn Center and Sprint Spectrum Realty Company. April 25, 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. Sprint Site ID: MS03XC 106 AMENDMENT NO.3 TO SITE LICE, NSE AGREEMENT THIS AMENDMENT NO. 3 TO SITE LICENSE AGREEMENT ("Amendment") is made effective as of , 201_ ("Effective Date"), by and between the City of Brooklyn Center ("Landlord") and Sprint Spectrum Realty Company, L.P., a Delaware limited partnership ("Tenant"), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership. Pursuant to a Site License Agreement dated February 28, 1997, as amended by Amendment No. I to Site Lease Agreement dated January 22, 2013, and as amended by Amendment No. 2 to Site Lease Agreement dated December 18, 2014 (collectively, the "Agreement" or or "Lease"), Landlord leased to Tenant a certain portion of real property located at 6831 France Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota, as more particularly described in Exhibit B to the Agreement ("Leased Premises"). Landlord and Tenant desire to amend the Agreement as set forth herein. Words and phrases having a defined meaning in the Agreement have the same respective meanings when used herein unless otherwise expressly stated. AGREEMENT The parties agree as follows: 1.Term and Renewals. Paragraph 4 of the Agreement is amended by adding the following: Notwithstanding anything set forth in Paragraph 4 to the contrary, the current term of the Agreement will expire on December 31, 2016. Commencing on January 1, 2017, the term of the Agreement ("New Initial Term") is sixty (60) months, The Agreement will be automatically renewed for up to four (4) additional tenns (each an "Additional Renewal Term") of sixty (60) months each. Each Additional Renewal Term will be deemed automatically exercised without any action by either party unless Tenant gives written notice of its decision not to exercise any options to Landlord before expiration of the then current term. 2.Rent. Subparagraph 2(a) of the Agreement is amended by adding the following to the end of the subparagraph: Notwithstanding anything contained in this Subparagraph 2(b) to the contrary, as consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of Thirty- Eight Thousand Five Hundred Eighty-Two and Seventy cents ($38,582.70) ("Annual Rent") for the initial year of the New Initial Term, effective January 1, 2017, which shall be increased each year on January 1, by the greater of: (a) five percent (5%) of the previous year's annualized rental, or by an amount equal to the increase in the Consumer Price Index ("CPI"). "Consumer Price Index" will mean the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for Urban Wage Earners and Clerical Workers (PI-W), U.S. City Average, All Items (1982-84100), not seasonally adjusted. In the evnt the Landlord initials: Tenant initials:\ 1 Sprint Site ID: MS03XC1O6 Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of increased Annual Rent will be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if the Bureau should fail to publish same, then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by Prentice Hall, Inc., Commerce Clearinghouse or any other nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other index as Landlord and Tenant may agree upon will be substituted for the Consumer Price Index, The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year). Notwithstanding anything herein to the contrary, in no event will the annual increase in Annual Rent be greater than fifteen percent (15%) of the then current Annual Rent in effect. 3. Insurance. Paragraph 11 of the Agreement is deleted in its entirety and replaced with the following: (a)Workers Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b)Commercial Liability. The Tenant must maintain commercial general liability coverage with limits of liability of $1,500,000 each occurrence; $1,500,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the commercial general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying commercial general liability coverages. (c)Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits in the amount of $1,500,000 per accident. The liability limits may be afforded under the Commercial Automobile Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than the underlying Commercial Automobile Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles, The Commercial Automobile Policy shall include at least statutory personal injury protection. (d)Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to Tenant Facilities at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. Tenant may self-insure this coverage. Landlord initials: Tenant initials: LA MDI Sprint Site ID; MS03XC 106 (e)Additional insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized to do business in the state of Minnesota, such insurance company to have an AM Best rating of at least A-Vu, which includes all coverages required in this paragraph ii. Tenant will include the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. Landlord's additional insured status shall (i) be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; (ii) not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and, (iii) not exceed Tenant's indemnification obligation under this Lease, if any. Tenant shall provide at least thirty (30) days prior written notice to the Landlord of any required coverage that is not replaced. (f)Waiver of Claims Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvements thereto, or the Structure or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all-risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each required insurance policy obtained by it to provide that the insurer waives all rights of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this section will be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant's property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any tenant, or other cause. Landlord will not be liable to Tenant, or its employees, for loss of or damage to any property in or at the Leased Premises or the Structure. (g) Adjustment to Insurance Coverage Limits. Liability coverage required by paragraphs 11(b) and (c) shall be increased as needed so that the coverage per occurrence is, at all times, the same or greater than the maximum liability for municipalities specified in Minnesota Statutes, Section 466.04 for any number of claims arising out of the same occurrence. 4. Administrative Fee. Tenant shall pay Landlord a one-time administrative fee of Two Thousand Five Hundred and No/i 00 Dollars ($2,500.00) ("Administrative Fee"), within forty-five (45) days following the full execution of this Amendment. The Parties agree that such Administrative Fee does not constitute Annual Rent or any offset to Annual Rent, and is fully earned upon full execution of this Amendment. Landlord initials: Tenant initials: "ID? Sprint Site ID: MS03XC 106 5. Reaffirmation; Intention to be Bound. Except as provided in this Amendment, each and every term, condition and agreement contained in the Agreement will remain in full force and effect. The parties reaffirm that the representations and warranties made by each of the parties in the Agreement are true and accurate as of the Effective Date. The parties executing this Amendment, on behalf of themselves, their assigns and successors, acknowledge and reaffirm their intention to be bound by the terms and conditions of the Agreement. SIGNATURES APPEAR ON THE FOLLOWING PAGE Landlord initials: Tenant initials: _____ MDI Sprint Site ID: MS03XC 106 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below, LANDLORD: City of Brooklyn Center, a Minnesota municipal corporation By: Mayor Name: Date: By: City Manager Name: Date: Tax ID#: TENANT: Sprint Spectrum Realty Company, L.P. aelaware F 'ted partnership By: Manager - Vendor Managei ent Name: Michael Mizzell Date: _____________ Tax ID#: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] Landlord initials: Tenant initials: _____ MD7 Sprint Site ID: MS03XCI 06 LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged beJre me this _____ day of , 201, by Tim Wilson, Mayor, and Curt Boganey, City Managei; respectively, of the City of Brooklyn Center, on behalf of the City. Notary Public My commission expires: TENANT ACKNOWLEDGMENT STATE OF KANSAS ) )ss' COUNTY OF JOHNSON ) Acknowledgment by Corporation Pursuant to Uniform Acknowledgment Act The foregoing instrument was acknowledged before me this _ day of__, 20J', by &z4v ' on be ha f q f Sprint Spectrum Realty Company, L. P., a Delaware iimitartnership, In witness whereof I hereunto set my hand and official seal. Notary PublicState of Kansas Pamela D. Mahoney My Commission Expires / No!aiy Public: -ntzD / ) My Commission Expires: / /oi ' Landlord initials Tenant initials: 6 City Council Agenda Item No. 6g ii[I1lJ[iJ I fl I M'A Uh'A I 3k (II 11I WJ I DATE: April 21, 2016 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Resolution Approving Amendment for The Brooklyn Center Fire Department Relief Association Recommendation: It is recommended that the City Council consider approval/adoption of Background: Currently the City pays a lump sum of $7,500 to Fire Fighters for each year of service on the Department once they have served 10 consecutive years. The funding for this benefit is largely derived from annual payments received by the City from the State of Minnesota along with earnings derived from prudent investments. Rarely has the City been required to contribute to the fund to meet funding requirements. Based on the financial report from Iwaarden and Associates at the end of December 2014 the fund had a balance of $3,085,264 in assets and $3,508, 210 in liabilities resulting in a funding level of 113.7% for the 34 current members. The target policy of the relief association is to retain at least 110% of the fund requirements. Based on this report the Association requested that the City Council consider increasing the lump sum payment to either $8,500 or $10,000. This request was made at least in part to attract and retain fire fighters for the department. The City's financial advisor reviewed the Iwaarden report and developed a financial impact assessment using a set of assumption described in the report. One of the key assumptions made is that the City would need to provide this benefit to the potential 40 firefighters authorized by the City Council and needed within the department. The result of this report dated February 19, 2015 is that an $8500 payment would require a City Budget contribution of $581,990 over the period through the year 2040. An increase to $10,000 would require a City Budget contribution of $1,681,301 over the period through 2040. This information was shared with the Relief Association in late March and on March 28, 2016, I received a revised request from the Fire Relief Association. The revised request is to have the City increase the annual lump sum benefit in an amount equal to the excess funding above 110% and that we would continue to increase the payout every two years based on the required actuarial study. [i[i1IJ(iJ I N I M 1h!A I ah!4 ($1 Using the same assumptions as before Springsted produced another report. This report showed that the monthly lump sum pension could be increased to from $7500 to $7,514 while maintaining the fund at 110%. Because this $14 increase is so small I am recommending that we adjust the lump sum payment by $100.00 Staff has calculated that such an increase can be made with very little impact on the viability of the fund. Based on the inherent assumption we project that fund will not fall below 110% until the year 2026. We are further recommending that we review the payment amount again in two years. While it has been asserted that a significant increase in the pension will assist with recruitment and retention. We have surveyed Cities throughout the State. We have found that even though the maximum payment allowed is $10,000 only the City of Edina offers this payment. We have found that a very small percentage of Cities offer $7,500 or more. It is management's opinion that other investments or policy changes should be considered in order to improve our recruitment and retention efforts. As you are aware we are a recent beneficiary of a grant received by the International Fire Chief Association that will assist the City in its efforts to recruit, retain and diversify the department. Budget Issues: Approval of this resolution should have no impact on the City budget. Strategic Priorities: Enhanced Community Image- Safety 2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING AMENDMENT TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAWS WHEREAS, the Brooklyn Center Fire Department Relief Association has requested City approval of a benefit increase for retirees; and WHEREAS, such benefit increase would require an amendment of the City of Brooklyn Center Fire Department Relief Association By-laws; and WHEREAS, Van Iwaarden and Associates has conducted an actuarial valuation and benefit study and determined that the anticipated assets available for benefits would be sufficient to support an increase in the annual benefit due to fact that the cash and contingency funding balance exceeds the recommended balance of 110% of anticipated needs; and WHEREAS, Springsted public finance advisors for the City has reviewed the report prepared by Van Iwaarden and Associates and the financial statement for the City of Brooklyn Center Fire Department Relief Association for the year ended December 31, 2014 and determined the fund to be well run and actuarially sound based upon the review of Van Iwaarden and Associates report and financial statement; and WHEREAS, Springsted has estimated that an increase of $100.00 to the lump sum benefit raising the benefit to $7,600 per year of qualified service would not likely have an adverse effect on fund viability. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that an amendment to the By-Laws of the City of Brooklyn Center Fire Department Relief Association to increase the lump sum benefit to $7,600 per year be hereby approved as of January 1, 2016 and be it further resolved that the lump sum amount be reviewed again in July of 2018. April 25, 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. Curt Boganey rom: Kent Korman .ent: Tuesday, April 05, 2016 3:17 PM To: Curt Boganey Subject: pention increase Curt I am following up on an email I sent to Nate chief Gatlin but it didn't get to you I ask Todd Berg to forward it to you i think everyon BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION 6250 Brooklyn Boulevard. Brooklyn Center, Minnesota 55429-763-569-3311 Serving with pride since 1949 March 28, 2016 Curt Boganey 'ity Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Dear, Mr. Boganey, The Relief Association respectfully request: The city will increase the payout from $7500.00 per year of service to amount equal to the percentage above the one hundred ten percent (110%) of the over funded amount. Currently we are 113.7 % percent funded, the city will calculate what the increase will be based on the 3.7% of the over funded amount. We would like to continue to increase the payout using the above calculation every two years based on the required actuarial until we reach the cap. Please feel free to contact me if you have questions or comments. Sincerely, Kent A. Korman President, BCFD Relief Associatione else received it but you. I hope you have the information T'ei1t -'1CD CD CD CDCDCD CD CD C)CD CD dCD r CD CD - CD CD )flapOCDCDCDCD < _ CD CD CD CD fD CD n CD CD CD (DO to CD CD ") CD 'J 0 C" -ow CD C CD CCDCD CD CD to -t- 01 01 01 01 -_--'•00 'C t t')01 - 00 b --00 t'J 01 000010001 00 C 00 00 01 01 UI O\I'J '.0 O C \01 LI,'.0 -L,,C C i 00C --00C C t'J01 CC 4,01 -C CC 01 --'z k-)--C\-'-'01 '.0 - 01 C01 U1C-'.04 C-1--'.0 -.-0101 00 C00 4 Ct'-)00C'.0 01 L,'.o W '.0 01 --I .j CC tj '.0 I I -00t'.)--00 01'.0 01 4 LI,i C C\00 01 C 01 01 01 - - 01 O'.0 -p--C Ui01 U101 C 0101 01 '.001 'J.01'.0 00'.0 4U) C '•j0 iJI)0 00J,01 .0 ---C C01 001 '-0 -C C0\ 01'.0 t'Jt'J ,i 01 i . 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ON•N ON ON 00 0U/C h C\C\\C O C C\C uj I I I -O • _-Cl I t.)--CN tJ W t-J t'-)110 00 00 •4 1,0? . q\C\C all 00 C - I 3 b fi - Ui Cj 'w w -I..) -1 _-C --t'J - -- 00 ©C UI C3 I-Ui UiO IQC UI - I I I I Ui ---© 00 C ---Ui )i ©•00 t'J Ui Ui l-1'.)C Ui t-) C a,II C C ©\CUi C Ui 00 i i 003 b 00 00C ( C\0000 O -Ui Ui Ui ©00 (C CCi UiC• i UI C 3 -C -JUI 4Q i •Ui i ©C t C Ui Ui t'J ONU)• )i Ui 00 Ui Ui C C\lUI It 1.)C - (0 © C C C Ui 4 I -C (1'ON00 I I UI 00C 00 i 0000 Ui I'_)- 't,i 'C,-CUi 0 --.-1 iJCi --U)t)Ci C C P ) (0 'Ci '0 Ui 00 Ui Ui Ui '©-0o)00 Ci ON ON 'C'-i (0 C WUi Ui -I Ui Ui 00 i 00I3 I-' Ui lbUi 0 Ci ©tJ 00 Ui 00 Ui Ui -C )U)Ui Ui 00 00 C ©00 '0 110 C U)-Ci UI C- (0 C I 0 UI -u - f4i C\tJ 4 UJ -00 Ui Ci Ui UI U)-ON U)- '00 '('-"oo oo'—"b 'oo t00Ci -I C C C (0 t'.)t'-)UI -- '.0 Ui 00 t'.)Ci -Ci - Ui '•C ')tj- P. 00 Ui 00 Ui (C U)Ui U)\Q Ui Ui C (0(0 UI - U) (0 C CC 00003 (0(11 (0 UI i I • Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 w.springsted.com MEMORANDUM TO: Nate Reinhardt FROM: Nick Dragisich DATE: March 25, 2016 SUBJECT: Alternative Fire Relief Association Pension Increase Impacts The City has requested Springsted Incorporated evaluate the potential fiscal impacts on the City's contributions for two additional scenarios of increasing the Fire Relief Association retirement benefits from their current level of $7,500/year of service. The first was to evaluate the maximum amount the annual benefit could be while keeping the relief association funded at 110%. The second was to determine the City's contributions needed to increase the benefit to $8,000/year of service again while keeping the relief association funded at 110%. In addition to these two, we also ran a scenario assuming a benefit at $8,250/year of service and a scenario assuming a benefit of $8,500/year of service using the same minimum funding of 110%. The potential fiscal impacts developed were based on financial projections using similar assumptions applied to the previous projections except that the minimum funding was kept at 110%. These financial projections are not based on an actuarial analyses; however, they are intended to provide the City with a context for considering these changes to the pension benefit. The assumptions used in these alternative financial projections included the following: • The current active membership, retired members, surviving spouses, and deferred vested members as listed in the Brooklyn Center Firefighter's Relief Association Revised January 1, 2015 Actuarial Valuation report • Retirement at the later of 20 years of service or age 52 • An increase in the number of active members from 34 to 40 • When an active member retires, a new member is added to maintain active membership at 40 • Contributions from the State will remain at their 2014 level of $133,745 • Annual interest income will be at the same interest rate (4.17%) as in 2014 • Market value of investments will increase at the same rate (0.68%) as in 2014 • The benefit payments to the retired members and surviving spouses are phased out gradually beginning in 2016 with the last benefit paid out in 2021 • Expenses will increase at 3% per year • City contributions will be projected to maintain funding at 110% Public Sector Advisors City of Brooklyn Center, MinnesotaEvaluation of Proposed Increases in the Fire Relief Association Pension Benefits Page 2 The maximum annual benefit currently payable to maintain the funding at a minimum of 110% and assuming no City contributions is $7,514Iyear of service. A summary of this scenario is shown in the table below. Maximum Benefit At Minimum 110% Funded Amount Year Annual Pension Benefit $ 7,514 Maximum Actuarial Accrued Liability $ 3,430,462 2031 Maximum City Contribution $ -NA Annual City Contributions excluding Maximum $ -NA Maximum Annual Benefits Paid $(11066,92 4) 1 2037 Total City Contributions $ -NA Net Present Value of City Contributions $ -NA The table following this paragraph shows the required City contributions to fund the retirement benefits at the amounts shown for each scenario. The table also provides the net present value of the City's contributions using a discount rate of 3%. The annual contribution needed for a retirement benefit of $8,000/year of service are estimated to be $28,750 over the period from 2016 through 2029 after which no additional City contributions are projected to be needed. An annual pension benefit of $8,2501year of service is estimated to require annual City contributions of $55,000 over the period from 2016 through 2025 after which no additional City contributions are projected to be needed. To increase the retirement benefit to $8,5001year of service would require the City to provide a contribution of $155,000 in 2016 then annual contributions of $63,000 thereafter through 2025 after which no additional City contributions are projected to be needed. The net present value of the City's contributions is estimated to be $324,762 for a retirement benefit of $8,000/year of service, $469,161 for a retirement benefit of $8,2501year of service and $626,723 for a retirement benefit of $8,500/year of service. Retirement Benefit $8,0001Year of Service Minimum 110%Funded Retirement Benefit $8,2501Year of Service Minimum 110% Funded Retirement Benefit $8,500/Year of Service Minimum 110% Funded Amount Year Amount'Year Amount Year Annual Pension Benefit Maximum Actuarial Accrued LiabilitY $ 8,000 $ 3,652,560 - 2032 $ 8,250 $ 3,766,703 2031 $ 8,500 $3,880,845 2031 Maximum City Contribution $ 28,750 2016-2029 $ 55,000 2016 -2025 $ 155,000 2016 Annual City Contributions excluding Maximum $ 28,750 2016-2029 $ 55,000 2016-2025 $ 63,000 2017-2025 Maximum Annual Benefits Paid -$ (1,136,000)2037 $ (1,171,500)2037 $ (1,207,000)2037 Total City Contributions 11 $ 402,500 NA $ 550,000 NA $ -NA Net Present Value of City Contributions $ 324,762 NA $ 469,161 NA $ 626,723 NA The detailed financial projections are provided in the Appendix to this memorandum. The chart on the following page shows the estimated City Contributions graphically. Public Sector Advisors City of Brooklyn Center, Minnesota Evaluation of Proposed Increases in the Fire Relief Association Pension Benefits Page 3 City of Brooklyn Center, Minnesota - Fire Relief Association Estimated City Contributions $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 U Retirement Benefits @ $8,000/Year 0 Retirement Benefits @ $8,250/Year B Retirement Benefits @ $8,500/Year Public Sector Advisors APPENDIX Public Sector Advisors 0)co0 >< 0 NiiiiIII P'IiUIiM-- II-IIIII ......... .... (/) 0V) >•0 0 Uwu-i U .0 0 a)c$)a)0 x L0 4: U, o U, > I-0 4-IUa) U a. iimiuii iiii!!iiiiIIm .iiiMiiiiIIi1 IIIAIIIIiIIIIIIMIIIIIiM iiIIi!!iiI. IlIuIIii -- - ---. --.-- ---- - 1iiIIiIi1 UiI-0(1 0 -4-, 0a) U-) 0 0 0 c) 0) D- CL4: I1L.0 U, > I-0 4JUa)tf, U uIuIIIIiI IIIIIuIIIIiII IO1i!1M:0)co0 >< 13C 0 Ii iii iiiiIIIi PUIiMIPIIiiIII!IIIIP! Nil a V) 0 > 0 U(1) V) U 0 CDcu3- x 00 0(J >0 0 Uci)(1) U .0 0 His 1iINlIili i!MUI men mmIIMIilli (0 ci) cu x -ci C L liii IN _ _- Emil :IiIIIiiIi. (I) 0 V)> 0 U Cl, U 0Cl)Ct0x 0 U)00. I) 0 > 04-,U(1)V) U .0 0 OD a) 0) ci >< CC. igIIINIIIIiII11111!IIIIIIM _ IHUIIIIi IIIAIIIIIIIIIIIIi Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com MEMORANDUM TO: Nate Reinhardt FROM: Nick Dragisich DATE: February 19, 2016 SUBJECT: Fire Relief Association Pension Increase Impacts The City of Brooklyn Center retained Springsted Incorporated to evaluate the potential fiscal impacts on the City's contributions of increasing the Fire Relief Association retirement benefits from their current level of $7,5001year of service to either $8,500/year of service or to $1 0,000/year of service. The potential fiscal impacts developed were based on financial projections using a number of assumptions applied to the existing financial status of the fund. While the financial projections were not based on actuarial analysis, they are intended to provide the City with a context for considering any increases. The assumptions used in the financial projections included the following: o The current active membership, retired members, surviving spouses, and deferred vested members as listed in the Brooklyn Center Firefighter's Relief Association Revised January 1, 2015 Actuarial Valuation report • Retirement at the later of 20 years of service or age 52 • An increase in the number of active members from 34 to 40 • When an active member retires, a new member is added to maintain active membership at 40 • Contributions from the State will remain at their 2014 level of $133,745 • Annual interest income will be at the same interest rate (4.17%) as in 2014 • Market value of investments will increase at the same rate (0.68%) as in 2014 • The benefit payments to the retired members and surviving spouses are phased out gradually beginning in 2016 with the last benefit paid out in 2021 • Expenses will increase at 3% per year • City contributions will be projected to maintain funding at 100% The Firefighter's Relief Association currently covers thirty-four active members and six vested deferred members covered under the current retirement benefits. It also provides benefits to ten retired members and eleven surviving spouses who receive annual benefits under a previous retirement benefit plan. The Association had total accrued actuarial liabilities of $3,085,264 and total assets of $3,508,210 as of December 2014 resulting in a funding level of 113.7%. Public Sector Advisors City of Brooklyn Center, Minnesota Evaluation of Proposed Increases in the Fire Relief Association Pension Benefits Page 2 We first developed a financial projection through 2040 using the current level of retirement benefits and the assumptions stated. This financial projection indicated that the Firefighters' Relief Association would not require any City contributions to support the current thirty-four active members, six vested deferred members, ten retirees, eleven surviving spouses, and replacement members for active members who retire. We subsequently developed three scenarios to estimate the potential financial impact of specific changes to the membership and to the level of retirement benefit. The membership change assumed the active membership would be increased to forty during 2016. The three scenarios based on this active membership change were as follows: • Scenario 1 - current level of retirement benefit ($7,500/year of service) • Scenario 2— retirement benefit increased to $8,500/year of service • Scenario 3 - retirement benefit increased to $1 0,0001year of service Scenario I - Current Level of Retirement Benefit The City's first request for additional scenarios was to determine the City contributions needed if the active members were increased to forty at the current level of benefits. Our financial projections estimated that no City contribution would be required through 2040 for this scenario. The Relief Association funding remained above 110% over the entire period. Scenario 2— Retirement Benefit Increased to $8,500/Year of Service Scenario 2 looked at the impact of increasing the retirement benefit to $8,5001year of service. The financial projections estimated increasing the retirement benefit by $1,0001year of service would require the City to make contributions to the Relief Association each year from 2021 through 2030 and in 2032. These contributions are projected to range from a minimum of $1,326 in 2030 to a maximum of $133,634 in 2025, Overall, the projections estimate the City would need to contribute $581,990 over the period from 2016 through 2040. Scenario 3—Retirement Benefit Increased to $1 0,000/Year of Service Scenario 3 looked at the impact of increasing the retirement benefit to $1 0,000/year of service. The financial projections estimated increasing the retirement benefit by $2,500/year of service would require the City to make contributions to the Relief Association each year from 2016 through 2035. These contributions are projected to range from a minimum of $5,708 in 2034 to a maximum of $433,250 in 2016. Overall, the projections estimate the City would need to contribute $ $1,681,301 over the period from 2016 through 2040. A comparison of the estimated impacts for each Scenario is shown in the table below, Retirement Benefit $7,500IYear of Service Retirement Benefit $8,500/Year of Service Retirement Benefit $10,000/Year of Service Amount Year Amount Year Amount Year Maximum Actuarial Accrued Liability $ 3,424,275 2031 $ 3,880,845 2031 $ 4,565,700 2031 Maximum Annual City Contribution $ -NA $ 133,634 2025 $ 433,250 2016 Maximum Annual Benefits Paid $ (1,065,000)2037 $ (1,207,000)2037 $ (1,420,000)2037 Total City Contributions $ -NA $ 581,990 NA $ 1 1681,301 NA The detailed financial projections are provided in the Appendix to this memorandum. The charts on the following pages show the financial projections graphically. Public Sector Advisors 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 $5.0 $4.5 $4.0 $3.5 $1.5 $1.0 $0.5 $0.0 City of Brooklyn Center, Minnesota Evaluation of Proposed Increases in the Fire Relief Association Pension Benefits Page 3 City of Brooklyn Center, Minnesota - Fire Relief Association Estimated Actuarial Accrued Liability Estimated Total AAL @ $7,500 fl Estimated Total AAL @ $8,500 D Estimated Total AAL @ $10,000 Public Sector Advisors City of Brooklyn Center, Minnesota Evaluation of Proposed Increases in the Fire Relief Association Pension Benefits Page 4 City of Brooklyn Center, Minnesota - Fire Relief Association Estimated City Contributions $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Retirement Benefits @ $8,500/Year U Retirement Benefits @ $10,000/Year Public Sector Advisors 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 $1.6 $1.4 $1.2 , $1.0 $0.8 $0.6 $0.4 $0.2 $0.0 City of Brooklyn Center, Minnesota Evaluation of Proposed Increases in the Fire Relief Association Pension Benefits Page 5 City of Brooklyn Center, Minnesota - Fire Relief Association Estimated Retirement Benefits Paid D Benefits Paid @ $7,500 0 Benefits Paid @ $8,500 fl Benefits Paid @ $10,000 Public Sector Advisors APPENDIX Public Sector Advisors ------....... IIINIII!III MNIMMIIII U) a U) > I-a4-aU v-J U 3- 0) 0 >< 3)a-0 v) I-0 U, >0 0 U U) U .0 3- (1)0) a. x D 0.0 IlIMI!M .......... iIMIII ftIiIIPii Cd,I-0 > L .0 U (1) C-) 1 w0)co0 >< 0 ci)00 0 U, > L.0 Ua) U .0 0 0)0)0) 0 0 00 HhIiii!1 ulnhIII"iiHInhIpiI IIIPhiiIIIIIIIIi ii!iiIilN!I iiIIII1II1IIIMIIIIII!iIIIII1IIilIIiiIIMI11IIiIIMiIIIIiM iiiPI1IIiM Jiiii!i!ii1ii1tt LI, 0LI, I- U (I) U .0 U- 1)0) >< Cw0.0 ii*_iiii!M Niuili,q __----__-._ -- .------ ---- -.-. ---. - - (0 U)0)U)0 >< 0.0 City Council Agenda Item No. 7a I I1SJ[ I NI I MhA Uh!A I ø [0) 1I )1SJtl DATE: April 21, 2016 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Brooklyn Center Leadership Academy Graduation Recommendation: It is recommended that the City Council consider presenting the certificate of completion to each of our student participants in the second annual (BCU) Brooklyn Center Leadership Academy. Background: 2016 is the second year of the Brooklyn Center Leadership Academy also known as BCU. This community engagement activity is an initiative of the City Council. The goal of the program is to inspire, educate, and introduce community members in a way that would help them understand and participate in Brooklyn Center civic life. This year's participants are: • Janet Arntsen • Mawuli Blabuh • Chris I-Iaroldson • Timothy Haroidson • Jack MacMillan • Sheilah Miller • Janet Parrish • Barbara Wacek Together they participated in eight weeks of study that introduced them to nearly every aspect of local government in Brooklyn Center. They were able to interact with Council and staff and tour our facilities. Each participant received a wealth of written materials and hopefully a wealth of experience that deepened their understanding and appreciation for government and the City. It is pleasure to present to you; the second graduating class of BCU! Budget Issues: The budgeted cost for this program was minimal. Strategic Priorities: o Civic Engagement 114ission: Ensuring an altriictiie, clean, safe, inclusive community, that enhances the quality of life for all people and preserves the public trust City Council Agenda Item No. 7b 1IJ[SJ I N U U Dk'4 U I I'A (ii 1ih1 I1IJ'Ai DATE: April 19, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Proclamation Declaring May 15-21, 2016, Public Works Week in the City of Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of a proclamation declaring May 15 through May 21, 2016, as Public Works Week in Brooklyn Center. Background: National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association in 1960, the weeklong celebration calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the professionals who serve the public good every day with quiet dedication. In 2016, we celebrate the contributions of Public Works professionals as well as the communities they serve. The theme for 2016 is "Public Works Always There" There would be no community without the quality of life public works provides. There would be no community to police and protect, no public to lead or represent. Public works allows the world as we know it to be. This year's theme "Public Works Always There" speaks to the essential nature of Public Works services in support of everyday quality of life. The Public Works Department employees 38 full time and 19 seasonal employees in the five divisions of the Department - Engineering, Street Maintenance, Parks Maintenance, Public Utilities and the Central Garage. All divisions work together as a team to provide high-quality service for people who visit, live or work in Brooklyn Center. Many of the tasks like plowing streets, mowing parks, putting up signs, pumping water, maintaining large equipment and designing improvement projects are high profile. Many more tasks are completed almost unnoticeable except in their absence. Many people do not realize that significant efforts of the department take place while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, or to plow or provide ice control during a winter storm, or utility employees to be called out to respond to a sewer backup or water main break. Our Public Works employees take great pride in their work. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Key Infrastructure Investments i1jNsion: Ensuring an attractive, clean, safe, inclusive community that enhances the quality a/lift for al/people and preserves the public titist DECLARING MAY 15-21, 2016 PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER WHEREAS, Public Works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, The support of an understanding and informed citizenly is vital to the efficient operation of public works systems and programs such as engineering, water, wastewater, storm drainage, streets and highways, parks and central vehicle fleet maintenance, and WHEREAS, The health, safety and comfort of this community greatly depend on these facilities and services; and WHEREAS, The quality and effectiveness of these facilities including their planning, design, construction, operation and maintenance are vitally dependent upon the efforts and skill of Public Works personnel. NOW, THEREFORE, IAS M4 YOR OF THE CITY OF BROOKLYN CENTER, State ofMinnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 15-21, 2016, as "National Public Works Week" in the City ofBrooklyn Center, andlcall upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which Public Works personnel make every day to our health, safety, comfort and quality of life. April 25, 2016 Date Mayor Council Members A TTEST:_____________ City Clerk City Council Agenda Item No. 7c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chi e f,.,7c6 DATE: April 8, 2016 SUBJECT: Council support for Heart Safe Brooklyn Center Recommendation:It is recommended that the City Council recognizes by resolution their supports for an initiative that would get the City of Brooklyn Center designated as a Heart Safe Community. Background:Sudden Cardiac Arrest (SCA) is the #1 killer in America and the #1 killer in the workplace - with a 95% mortality rate 97% of SCA victims die awaiting 911 /EMS, however, AED/CPR in the first two minutes equal an 85% survival rate. Heart Safe Communities is a program designed to promote survival from sudden out-of-hospital cardiac arrest. It is a general concept focused upon strengthening the "chain of survival" as described by the American Heart Association; it recognizes and stimulates efforts by individual communities to improve their system for preventing sudden cardiac arrest (SCA) from becoming irreversible death. Heart Safe designation recognizes a city or organization's efforts to prepare its staff and citizens to recognize when someone suffers a sudden cardiac arrest and how to respond. The Brooklyn Center Fire and Emergency Management has partnered with Brooklyn Center Police Department, Advanced First Aid and Heart Safe Coon Rapids to assist in the process to make Brooklyn Center a Heart Safe Community and receive the city a Heart Safe designation. The goals of this program are to: > educate citizens about sudden cardiac arrest and improving heart health > raise money to place AEDs in the hands of emergency medical service, fire and police personnel, and to make AEDs available in businesses, schools and other public gathering places > train people/community how to use AEDs and perform CPR Staff would like to make a formal presentation that would provide council with information about the program, the process, as well as provide training to Council members on "Hands Only CPR and AED, if time permits. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. Enhance Community Image to ensure a safe secure community. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION IN SUPPORT OF HEART SAFE BROOKLYN CENTER WHEREAS, Heart Safe Community, initiated by the Brooklyn Center Fire and Emergency Management to educate the public on Sudden Cardiac Arrest awareness, the Good Samaritan Laws, Cardiopulmonary Resuscitation (CPR), and Automated External Defibrillator (AED), and AED's for Public Access Defibrillation: and WHEREAS, Sudden Cardiac Arrest (SCA) is the #1 killer in America and the #1 killer in the workplace - with a 95% mortality rate 97% of SCA victims die awaiting 911 /EMS, however, AEDICPR in the first two minutes equal an 85% survival rate; and WHEREAS, proper training and awareness will save lives: and WHEREAS, the Brooklyn Center City Council received a presentation by Coon Rapids Officer Bryan Platz, on what is a Heart Safe Community and what is the criteria/requirement to become a Heart Safe Community; and WHEREAS, under the City of Brooklyn Center's Strategic Plan to Enhance Community Image and to ensure a safe secure community, this proposal has the potential to achieve that goal for the City through an established program, a cadre of volunteers, and access to grant money; and WHEREAS, the Brooklyn Center City Council expressed their support for Heart Safe Brooklyn Center NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation of the City Manager, that the Brooklyn Center City Council is in full support of the City of Brooklyn Center becoming a Heart Safe Community and by adoption of this resolution directs staff to proceed for designation. 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. 7d I1i1sJ(iJ I R H MYA u s ci) ui DATE: April 19, 2016 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Resolution Expressing Recognition and Appreciation of Fire Chief Lee Gatlin for over 13 years of service. Recommendation: It is recommended that the City Council consider approval of the attached resolution expressing recognition and appreciation of Fire Chief Lee Gatlin for his dedicated service to the City of Brooklyn Center and the Brooklyn Center Fire Department. Background: Fire Chief Gatlin began his employment with the Brooklyn Center Fire Department on December 1, 2001 as fire fighter and was appointed Chief on September 17, 2007. After thirteen years of service for the City of Brooklyn Center and more than thirty years of total firefighting service including the time he served with the Minneapolis Fire Department the Chief has elected to retire. Chief Gatlin will retire on April 30, 2016. He will retire with over 13 years of service with the Brooklyn Center Fire Department. During his tenure Chief Gatlin has served the Fire Department in the capacities of Firefighter, Training Officer, Fire Chief and Emergency Management Director. The Chief was able to bring a wealth of knowledge and experience to the Department. He has modified and improved many policies and procedures. He has made improvements to our commercial and industrial buildings inspection program, expanded hours of duty service. He initiated the Heart Safe City Program and has improved our emergency management preparation training. The Chief has been an active member in numerous professional associations and has served on numerous committees for the City of Brooklyn Center. It is with great pleasure that I commend Chief Gatlin for his work and recommend Council adoption of the attached resolution pursuant to your council policy on employee recognition. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe coinmuility that enhances the quality of life aiidpreseri'es i/ic public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO LEE GATLIN FOR OVER 13 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLY CENTER. WHEREAS, Lee Gatlin has been an employee of the City of Brooklyn Center since 2001, and will retire on April 30, 2016, after more than thirteen years of dedicated service to the City of Brooklyn Center and its citizens; and WHEREAS, Lee Gatlin has consistently provided the City of Brooklyn Center and its residents with dedicated public service during his tenure working in the capacities of Firefighter and Training Officer prior to becoming the Fire Chief and Emergency Management Director; and WHEREAS, Lee Gatlin has obtained a Professional Certificate of Achievement in Emergency Management from the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management; and WHEREAS, Lee Gatlin has been an active member of the International Association of Fire Chiefs, Minnesota State Fire Chiefs Association, Hennepin County Fire Chiefs Association, Metro Fire Chiefs, the All Hazards Incident Management Team, the Association of Minnesota Emergency Managers, the North Suburban Emergency Management Planning Group, and has served on numerous committees for the City, and WHEREAS, Lee Gatlin has performed his positions with professionalism and in exemplary fashion, assuring that the best interests of the City and the Fire Department were well served while making a positive impact on the members of the Brooklyn Center Fire Department and the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation of the City Manager, that the dedicated public service of Lee Gatlin is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member RESOLUTION NO. 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 1O[SJ I U Ik'A L'A I 1kT4 [I) 1I I1lAi DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning & Zoning Specialist (^ THROUGH: Gary Eitel, Director of Business & Development SUBJECT: 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. Recommendation: It is recommended the City Council, following consideration of this item under Second Reading and after Public Hearing, adopts the 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 Background: At the March 28, 2016 meeting, the City Council accepted the final recommendation from the Planning Commission; approved the First Reading of the proposed ordinance; and set a new public hearing regarding this ordinance at the April 25, 2016 regular City Council meeting. Notice of this public hearing was duly published in the April 7, 2016 edition of the Brooklyn Center Sun Post. City staff received one letter (email - via Mayor Willson) from a local resident and veteran expressing concerns the new ordinance would limit the height of certain structures in residential yards, specifically flagpoles. Planning staff replied directly to the resident with a detailed explanation that the new ordinance in no way restricts the placement of flags, or places any new limitations, including height on flagpoles in residential yards. The City Attorney has reviewed this Ordinance and approved its final form, context and language. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality ofliJë for all people and preserves the public trust 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. 8. 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 structure, terraces; awnings; canopies; front entry steps and landi n gsnot cxccoding 19% of the arca of the yard; roofed portico or enclosed vestibule not exceeding 36 sq. ft. in s ize- 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). In front yards and corner side yards: Decks may encroach up to six feet fjinto 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, musti screened with a decorative lattice. skirt board, landscaping r 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 greatest extent reasonably possible. th 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 step 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 are 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 pace; 5)In cases where a corner lot dwelling has separate front-door entrances on each street-side. only one porch encroachmenLi 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 (50%) opaque when viewed from the street. and 7) All new elements and features of the torch. includina the rQf, must be architecturally compatible with the principal dwellina 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 dwellmnn, including any attached railings, seats, trellises, or other features not more than 36 inches above the platform, an which platform is functionally related to a principal use. An unattached deck is considered an accessory structure in any yard, wetland, floodplain, or river corrkthj: 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 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 bemnn locked. PORCH. UNENCLOSED - A horizontal roofed platform attached to an entrance of a dwelling, with a roof support system consisting of pillars, posts 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 52016 Effective Date , 2016 (strikoout text indicates matter to be deleted, while double underline text indicates new matter) City Council Meeting April 25, 2016 New 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 being locked. PORCH, UNENCLOSED - A horizontal roofed platform attached to an entrance of a dwelling, with a roof support system consisting of pillars, posts 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. 8. 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 structure; 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. 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 greatest 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 (50%) opaque when viewed from the street; and 7)All new elements and features of the porch, including the roof, must be architecturally compatible with the principal dwelling.  Motion to open Public Hearing.  Take public input.  Motion to close Public Hearing.  Motion to adopt ordinance. City Council Agenda Item No. 8b ii1S1Ih[J fl I I k'A UYA I DIL'4 ES) UI I1BiY1 DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director L. SUBJECT: Public Hearing on the Issuance of Conduit Revenue Bonds (The Sanctuary of Brooklyn Center Project) Recommendation: It is recommended that the City Council consider adoption of a resolution authorizing the issuance, sale, and delivery of its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016. Background: The Sanctuary at Brooklyn Center, LP has requested authorization from the City of Brooklyn Center for the issuance of conduit bonds to finance the acquisition, construction and equipping of an approximately 158-unit affordable multifamily senior assisted living rental housing facility to be located at 6121 Brooklyn Boulevard and to cover the administrative costs of the issuance of bonds. On February 19, 2016 the Sanctuary of Brooklyn Center, LP submitted an application for conduit revenue bond project financing along with the applicable fee. City staff, financial advisor and bond attorney have reviewed the application and concur that meets the criteria set forth in the City's conduit debt administrative guidelines. Administrative guidelines include: • The project is to be compatible with the overall development plans and objectives of the City and of the neighborhood in which the project is located. • The project is in areas of the City that the City wishes to develop redevelop, or which is any way complements any development plans or policy of the City. It is also the City's intent to assist in business expansions or relocations within the City where it can be shown that such would have a substantial, favorable impact on employment or tax base, or both. The resolution authorizes an issuance of up to $27 million. The total administrative fee that the City will receive for the issuance will be approximately $110,500. These bonds will be sold in private placement to accredited investors. Any offering material for private placement must prominently state that: "The City of Brooklyn Center has no assumed any responsibility to review this offering material and has not responsibility for its accuracy or completeness. The City of Brooklyn center has no financial obligation or any nature with respect to the offered bonds." Mission: Ensuring an attractive, clean, safe, inclusive conununhty that enhances the quality of life for all people and preserves (lie public trust O1IJ[SJ I fl N V k' LA I aI'4 (I) 1I I1IAi The City's bond attorney, Jennifer Boulton from Kennedy & Graven will be available at the public hearing to answer questions. Budget Issues: The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of Brooklyn Center. The issuance of the Bonds will not affect the City's credit rating. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public titisi CITY OF BROOKLYN CENTER COUNTY OF HENNEPIN STATE OF MINNESOTA Member introduced the following resolution and moved its adoption: RESOLUTION NO._______ AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS (SANCTUARY AT BROOKLYN CENTER PROJECT), SERIES 2016; ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Brooklyn Center, Minnesota (the "City"), is ,a political subdivision of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by issuing revenue bonds to finance or refinance multifamily housing developments located within the City, and as a condition to the issuance of such revenue bonds, adopt a housing program providing the information required by Section 462C.03, subdivision 1 a, of the Act; and WHEREAS, in the issuance of the City's revenue bonds and in the making of a loan to finance a multifamily housing development the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, The Sanctuary at Brooklyn Center, LP, a Minnesota limited partnership (the "Borrower"), has requested that the City issue its revenue bonds under the Act and lend the proceeds thereof to the Borrower to finance the following: (i) the acquisition, construction, and equipping of an approximately 158-unit affordable multifamily senior assisted living rental housing facility to be located at 6121 Brooklyn Boulevard in the City (the "Project"); (ii) the payment of costs of issuance and other costs related to the issuance of the bonds; and (iii) the funding of capitalized interest and certain reserves; and WHEREAS, the Project is designed and intended to be used primarily for seniors for rental occupancy and is restricted to persons age 55 and older; and WHEREAS, the City has prepared a housing program (the "Housing Program" or "Program") to authorize the issuance by the City of revenue bonds in the maximum principal amount of $27,000,000 to finance the acquisition, construction, and equipping of the Project; and WHEREAS, a notice of public hearing (the "Public Notice") was published in the Sun Post, the official newspaper and a newspaper of general circulation in the City, with respect to: (i) the required public hearing under Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); 477661v2 JSB BR291-363 (ii) the required public hearing under Section 462C.04, subdivision 2, of the Act; (iii) the Housing Program; and (iv) approval of the issuance of the Bonds, as hereinafter defined; and WHEREAS, the Public Notice was published at least 15 days before the regularly scheduled meeting of the City Council of the City (the "City Council"), and on this date, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing; and WHEREAS, the Borrower has requested that the City issue, sell, and deliver its Multifamily Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016 (the "Bonds"), in an original aggregate principal amount not to exceed $27,000,000; and WHEREAS, on March 28, 2016, the City Council adopted a resolution, authorizing the submission of an application to the office of Minnesota Management & Budget for an allocation of bonding authority with respect to the Bonds to finance the Project in accordance with the requirements of Minnesota Statutes, Chapter 474A, as amended; and WHEREAS, the proceeds derived from the sale of the Bonds will be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, dated on or after June 1, 2016 (the "Loan Agreement"), between the City and the Borrower, whereby the City will apply the proceeds derived from the sale of the Bonds to fund a loan to the Borrower; and WHEREAS, as further security for the repayment of principal and interest on the Bonds, among other things, the Borrower will execute a Combination Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or after June 1, 2016 (the "Mortgage") for the benefit of the City and assigned to the Trustee and a Collateral Assignment of TIF Development Agreement and TIF Note, dated on or after June 1, 2016 (the "TIF Assignment") for the benefit of the Trustee; and WHEREAS, the Bonds will be issued pursuant to this resolution and a Trust Indenture, dated on or after June 1, 2016 (the "Indenture"), between the City and a bond trustee (the "Trustee"), and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenues pledged therefor under the Loan Agreement; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement; and (v) shall not constitute a general or moral obligation of the City; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.The City acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds, and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. In authorizing the issuance of the Bonds for the financing of the Project and the related costs, the City's purpose is and the effect thereof will be to promote the public welfare of the City and its residents by providing multifamily housing developments for low or moderate income senior residents of the City and otherwise furthering the purposes and policies of the Act. 2.The Housing Program is hereby adopted, ratified, and approved in all respects without amendment. The preparation of the Housing Program is hereby ratified, confirmed, and approved. The 477661v2 JSB BR291-363 2 City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with the Act and any other applicable laws and regulations. 3.For the purposes' set forth above, there is hereby authorized the issuance, sale, and delivery of the Bonds in one or more series in a maximum aggregate principal amount not to exceed $27,000,000. The Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Bonds to be issued, in whole or in part, as "tax-exempt bonds," the interest on which is excludable from gross income for federal and State of Minnesota income tax purposes or as taxable bonds. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel, to prepare, execute, and deliver its approving legal opinions with respect to the Bonds. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form in the Indenture on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Bonds, the stated maturities of the Bonds, the interest rates on the Bonds and the terms of redemption of the Bonds) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signature of the Mayor and the City Manager (the "City Officials") and the delivery of the Bonds by the City shall be conclusive evidence of such determination. 4.The Bonds shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Loan Agreement and other funds pledged pursuant to the Indenture; however, the City does not pledge its general credit or taxing powers or any funds of the City to the payment of the Bonds. The City Council hereby authorizes and directs the City Officials to execute the Indenture, and to deliver the Indenture to said Trustee, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Bonds, the City, and the Trustee as set forth therein. 5.The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds as further provided in the Indenture. 6.The proceeds of Bonds will be disbursed pursuant to the terms of the Indenture, the Loan Agreement and a Disbursing Agreement, dated on or after June 1, 2016, between the Borrower, the Trustee and a disbursing agent (the "Disbursing Agreement"). 7.To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code and to ensure compliance with certain restrictions imposed by the City, the City Officials are also hereby authorized and directed to execute and deliver a Land Use Restriction Agreement, dated on or after June 1, 2016 (the "Regulatory Agreement"), among the City, the Borrower, and the Trustee. 8.The City Officials are hereby authorized and directed to execute and deliver the Loan Agreement, the Indenture, the Bonds, a consent and acknowledgement to the TIF Assignment, the Regulatory Agreement, an Assignment of Mortgage, dated on or after June 1, 2016 (the "Assignment of Mortgage"), from the City to the Trustee, a Bond Purchase Agreement, between Dougherty & Company 477661v2 JSB BR291-363 LLC (the "Underwriter"), the City, and the Borrower (the "Bond Purchase Agreement") and such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including, various certificates of the City, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, with respect to the Bonds, a certificate as to arbitrage and rebate, and similar documents, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds (collectively, the "Financing Documents") All of the provisions of the Financing Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Financing Documents shall be substantially in the forms on file with the City which are hereby approved, with such necessary and appropriate variations, omissions, and insertions as are approved by bond counsel to the City, as do not materially adversely change the substance thereof with respect to the City, and as the City Officials, in their discretion, shall determine, and the execution thereof by the City Officials shall be conclusive evidence of such determinations. 9.The City has not participated in the preparation of the Official Statement relating to the offer and sale of the Bonds (the "Official Statement"), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter of the Official Statement in connection with the offer and sale of the Bonds. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Bonds. 10.Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, bard, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent or employee of the City in that person's individual capacity, and neither the City Council nor any officer or employee executing the Bonds shall be personally liable on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds, or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bonds, as provided therein. 11. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Bonds issued under the provisions of this resolution. 477661v2 JSB BR291-363 4 12.In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 4, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 13.The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 14.The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 15.The Borrower shall pay the administrative fee of the City on the date of issuance of the Bonds. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued, including any costs for attorneys' fees. 16. This Resolution shall be in full force and effect from and after its approval. April 25, 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. 477661v2 JSB BR291-363 I City Council Agenda Item No. 8c COUNCII HEM MEMORANDUM DATE: April 18, 2016 TO: Curt Boganey, City Manager FROM: Sharon Iutson, City Clerk SUBJECT: An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City. Background: October 26, 2015 - The City Council adopted a resolution establishing a moratorium on the licensing and operation of new rental dwelling units and imposing temporary regulation on residency location of predatory offenders within the City and approved first reading of An Interim Ordinance Imposing 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. November 23, 2015 - The City Council held a Public Hearing and adopted An Interim Ordinance Imposing 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 (effective 120 days from adoption until March 22, 2016). January 25, 2016 - The City Council approved first reading of 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. February 22, 2016 - The City Council held a Public Hearing and adopted 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 (effective 120 days from adoption until May 21, 2016). March 28, 2016 - The City Council approved first reading of An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City. Attached are the materials that were included in the City Council packet. April 25, 2016 - The City Council will hold a Public Hearing. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on April 7, 2016. If adopted, effective date will be June 4, 2016. Several public comment e-mails and letters have been submitted for the Mayor and City Council Members and are attached. Mission: Ensuring on attractive, clean, safe, inclusive coniniulilty that enhances the quality nfl/fe for all people and preserves the public trust letter to Brooklyn Center 04 21 16.txt April 21 2016 To the City Council of Brooklyn Center, Minnesota I am requesting for the Council's NO vote on the Rental Density ordinance on April 25, 2016. I Oppose this ordinance Because: Rental homes are an important part of the housing choice spectrum. *Today's renters are tomorrow's homeowners. *Renters tend to buy in communities where they already feel welcome and comfortable. Rental license caps decrease available housing choices and therefore have a negative impact on affordability. *Allowing fewer rental homes in the city will not increase the homeownership rate of our diverse and lower-income communities; it will merely make housing more expensive and harder to obtain. *This will have a disparate impact on our communities of color, those of lower incomes, and newer Americans. *There is no demonstrated justification for this disparate impact. single-family rental homes currently only make up 6.4% of Brooklyn Center's housing stock. while the number of single-family homes that are renter-occupied has increased since 2008, there have been only 45 new conversions in the past two years, which is consistent with the market trends locally and nationally during the economic recession. *There is no evidence to suggest that an increased rate of rental properties directly contributes to negative property values or diminished community image. Many cities, even in the Minneapolis-Saint Paul area, and have significantly higher rates of rental occupancy with no negative impact. Rental license caps are arbitrary. There is no evidence to suggest renter occupancy at 30% (or any other percent) of homes per block and is a "tipping point" where quality of life and community drops as a result. *Rental license caps are unfair. They strip away property rights from homeowners without due process. *There is no demonstrated cause for this removal of rights. Thank you for your consideration. Jean Leake Resident 6343 Kyle Ave North Brooklyn Center, MN 55429 Page 1 Sharon Knutson From: Patrick Paulson <pat.paulson@ermetro.com > Sent: Friday, April 22, 2016 1:15 PM To: Tim Willson; April Graves; Kris Lawrence-Anderson; Lin Myszkowski; Dan Ryan Cc: Julia Parenteau; Curt Boganey; Sharon Knutson; Patrick Paulson Subject: Brooklyn Center proposed rental restriction ordinance Hello Council Member I'm an active Realtor with clients in Brooklyn Center, and a Past President of the Minneapolis Area Association of Realtors, (MAAR). Collectively, we have and will represent most of the property owners in the city. They are our clients, and we share with you a duty to act in their best interests. We are strong advocates of private property and fair housing rights. For these reasons, we oppose rental restrictions. No Compelling Need for Restrictions In reviewing the proposal, there seems to be concern over the recent increases in rental single family units, from 287 in 2008 to 746 in 2015. A closer look reveals that most of the growth occurred during the foreclosure crisis, like most areas across the Metro, and then slowed down as the market improved. Only 45 units were added in 2014 -2015. Resident surveys were done in 2008 and 2012, a time when rentals went up over 100%. Despite the increase, only 16% of residents believed there were too many rental homes in 2012. Of much greater concern to residents were too few retail shopping opportunities, too few dining and entertainment establishments, and too few "Move Up" homes. Also of note in the surveys is that 'Condition/Appearance of Homes', 'Community Identity/Neighborliness', 'Quality of Life', and 'Direction of City', have all improved substantially as rentals more than doubled, while the rating of 'Rundown Properties' as a serious issue has dropped from 9% to 2%. It's hard to justify such an impactful change when things are going so well. Severe Impact of Restrictions Real estate markets are cyclical. We are currently in a state of low supply of homes for sale and rising prices. Several years ago, there were three times as many homes for sale with few buyers and falling prices. If restrictions are in place when (not if) the market goes down and property owners are unable to sell it will lead to an increase in foreclosures and vacant houses. Forced sales at lower prices will become comparable sales that set values for the whole community. I realize that the 30% cap will not have a direct effect on everyone but there is an indirect effect on all. The simple possibility that an important fundamental property right could be taken reduces the value of real estate. The reason is obvious. Real estate is both tangible (land and structures) and intangible, (a bundle of rights). If you remove some of the rights, the value goes down, just like removing a garage. A recent example is in St. Paul. In 2012, rental restrictions were placed in a student overlay area near St. Thomas. The restrictions don't affect everyone directly but values have been suppressed since then. In a rising market, the area values have risen just 7% since compared to 15-20% in the surrounding areas. The only other area with rental restrictions in the Metro is West St. Paul, placed in 2006. At the time, their median prices were higher than the Metro median. Once the restrictions were put in place values dropped below the Metro median and have stayed below ever since. Implementing restrictions could lead to lower values relative to surrounding communities, which would lead to lower income residents. A lower income community would attract less business, making Brooklyn Center less appealing to new residents. Property tax revenue would be less and the city could struggle providing services. Fair Housing The Twin Cities has one of the largest homeownership disparity gaps in the country. This means that a much higher share of people of color are tenants. To place a limit on rental properties could be interpreted by some as placing a limit on people of color, regardless of intent. A recent US Supreme Court case in Texas found that "impact" was enough and that intent need not be proved in a Fair Housing Act case. The justices wrote: "These unlawful practises include zoning laws and other housing restrictions that function unfairly to exclude minorities from certain neighborhoods without any sufficient justification." We should be creating opportunities and encouraging homeownership rather than restricting options and excluding people from the community. Risks Beyond reduced property values and tax revenue, the possibility of litigation exists. It could come from property owners due to loss of property rights, or civil rights groups for violation of Fair Housing laws. In addition Brooklyn Center home sellers could be at risk of lawsuits if they fail to disclose the rental restrictions as a material fact. As mentioned, we as Realtors and you as elected officials have the duty to act in the best interests of Brooklyn Center residents, current and future. We will agree on most issues and would like to work together with you in the future. We are strong advocates of homeownership and work with strategic partners to educate the community about the value and process owning a home. There are a number of programs to assist buyers with entry costs and available mortgage programs. Perhaps we can work together to encourage homeownership in Brooklyn Center, especially among our minority communities. Thank you and please contact me with any questions. Pat Paulson, Realtor Past President, Minneapolis Area Association of Realtors (MAAR) Founding Chair of MAAR Research and Technology Committee Founding Chair of MAAR Diversity Committee Two time Chair of MAAR Equal Opportunity Committee Founding Board Member and Past Chair of the Minnesota Fair Housing Center I value your referrals and will treat them with care and respect. Pat Paulson REALTOR® SFR, AHWD EXIT Realty Metro Past President, Mpls Area Association of Realtors Cell: 612-386-8902 www.PatPaulson.com Sharon Knutson I am unable to make it to the City Counsel meeting this Monday but want to make my voice heard. I am a resident of Brooklyn Center (Twin Lake neighborhood) and a real estate broker who runs my real estate business in the city. I am also a former member of Brooklyn Center's Housing Commission where I volunteered my time addressing housing issues. As a resident, and licensed real estate broker, I am asking that you vote NO on capping the number of rental licenses in the city. I ask that you consider the following before you vote: Such caps will negatively affect property values in Brooklyn Center. As a real estate agent I can tell you that a healthy housing market includes 25% investor buyers. If this cap is put in place you will effectively take 25% of the demand from the market. It is simple supply and demand, remove 25% of the demand and the remaining supply will drop in value. A drop in values also means a drop in tax revenue. I would ask that you look at the city of West St. Paul as an example. They implemented such a cap on the number of rentals. Since that time property values have decreased, houses stay on the market longer, and more homeowners are not able to participate in the economic recovery as they remain upside down on mortgages. I have had 2 separate clients who refused to even look at houses in West St. Paul citing this ordinance. They reasoned that the future is uncertain so did not want to give up their ownership rights. I would hate for the same thing to happen in Brooklyn Center. Second, such caps cause undue hardships on both home owners and renters. How homeowners are effected: In this mobile world it is not unusual for someone to take a job transfer and leave the area temporarily. When this happens the homeowner has 2 options for their current home, rent or sell. If this is a family home, one that they really love, or they are upside down on the mortgage, rental is the best option. People who fall in this category (except the upside down) are most likely long term residents who have deep roots in the community. I would hope these are the type of homeowners we want to encourage to stay, or in this case return, to Brooklyn Center. If this ordinance passes you will take away the rental option forcing good residents to leave the community, or worse, face foreclosure. How renters are affected: some people have residency requirements for their jobs. Some work in Brooklyn Center so want to live close to work but don't want to buy, or can't afford to buy now. These people will be effectively priced out of the rental market. Again, it is supply and demand. If you cap the number of rentals then you limit the supply. The people who want to live in Brooklyn Center but can't afford to buy won't be able to afford the rents and will have no other option but to move to another community. As a resident I want people who love the city and want to be here to stay. Please vote NO on this ordinance. Jim Richards, Broker Hot Market Realty.com Thank you for your time. 763-587-3789 Sharon Knutson From: Bendickson, LeRoy <LeRoyBendickson@edinarealty.com > Sent: Thursday, March 31, 2016 8:57 AM To: Sharon Knutson; Curt Boganey Cc: Bendickson, LeRoy Subject: Rental Denisty Ordinance Hello Sharon and Curt, Please forward to Mayor Wilson and Members of the Council. Thank you. I am a REALTOR in the Minneapolis and surrounding suburban area. I would like to voice my opinion in regards to your upcoming potential ordinance vote that would limit the number of rental licenses issued for single family homes in your wonderful city. As a REALTOR I would not be in favor of this ordinance for the following reasons: 1)The ability to buy, sell or let for rent is a fundamental right of private property ownership. 2)This would grant rights to a select few owners while simultaneously deny those same rights to others. 3)This potential ordinance would tend to create vacant property because an owner is unable to sell or rent the home. 4)This could create home owners renting and avoid the license procedure. This would create rentals that are not inspected and possibly not cared for like they should be as a rental. I have personally seen this during the recent turndown in the housing market (which could happen again). Along with this it could create loss of control over rentals and loss of city income. 5)Non-homestead properties pay a higher property tax payment, benefiting city and county budgets. 6)Rental Density could damage housing affordability by limiting the supply of housing options. 7)Rental Density ordinances tend to impact those owners (your residents) who are already suffering. 8)Strong rental demand, when considered in national context, is a sign of more prosperous days ahead. There are more reasons that I could give, but this is enough for now. I would appreciate you taking the above into consideration. If you could also take a closer look at what can be done to address this rather than forcing this ordinance on the home owners of Brooklyn Center. Respectfully Yours, LeRoy J. BEN DICKSON EDINA REALTY - TITLE - MORTGAGE 651-336-7495 leroybendickson@edinarealtV.com www.Ieroybendickson.realtor 2011 NAR Good Neighbor Award Recipient Serving Minneapolis-St.Paul and Suburbs Sharon Knutson rom:Hoem, Steve <SteveHoem@edinarealty.com > Sent:Saturday, April 02, 2016 12:00 PM To:Sharon Knutson; Curt Boganey Cc:Julia Parenteau (juliap@mplsrealtor.com ); Bland, Faye Subject:Brooklyn Center Rental Restrictions Brooklyn Center City Council and Mayor: I will start by saying I understand the need to ensure neighborhoods are safe, pleasant places for residents to call home, and make a city a desirable destination for people to want to seek out housing. However, I am dismayed at the tact that you and the city of Brooklyn Center are taking by seeking to impose rental restrictions. Rental restrictions are a form of discrimination against the financially disadvantaged and those who do not want to be homeowners. I find this behavior appalling and also an affront to your constituent residents. This is an example of government overreach and infringes on the individual citizen's property rights to own and use residential property in a respectful way that serves our communities. If the concern is crime and blight, enforce your laws and statutes with homeowners AND renters AND landlords who do not maintain their homes or the minority who create the majority of disturbances and police calls (the 90-10 rule). Creating rental restrictions is NOT the right answer as it: (a) infringes on our individual property rights and ,b) drives up rental costs for those who either don't want to own a home or can't own a home Let me be clear - I am saying this not as a licensed real estate agent but as a concerned citizen. Sincerely, Steve Hoem Edina Realty Steve Hoem I market expertise and award-winning service Voted Super Real Estate Agent by Minneapolis-St Paul & Twin Cities Business magazine readers since 2008 Edina Realty, Inc. 17767 Elm Creek Blvd. Suite 200, Maple Grove, MN 55369 Email I stevehoem@edinarealtv.com Cell I 612.207.3311 Office I 763.494.8183 Fax I 763.420.2603 http://www.TheHoemTeam.com Curt Boganey From: Dan Ryan Sent: Tuesday, April 05, 2016 10:53 AM To: Curt Boganey Subject: FW: proposed Brooklyn Center rental density ordinance Hi Curt, FYI, forwarded here is a letter in opposition to the proposed revision of City code, Chapter 12-901. Dan Ryan City of Brooklyn Center Councilmember Home 763-535-4177 councilmemberryanci.brook1yn-center.mn.us From: tom@tomsiupske.com [tom@tomslupske.com ] Sent: Tuesday, April 05, 2016 9:02 AM To: Tim Willson; April Graves; Kris Lawrence-Anderson; Lin Myszkowski; Dan Ryan Subject: proposed Brooklyn Center rental density ordinance Dear Mayor Willson and Members of the Council, I'm writing in regards to the proposed Brooklyn Center rental density ordinance First, a brief personal background: I lived in Brooklyn Center from 1980 to 2003. During that time, I was very active in the community. I served on the Bi-Centennial committee; I was a member of the group representing Brooklyn Center for the All-America award celebration in Washington, D.C. I served on the Earle Brown Days committee for a dozen years; I was privileged to twice chair this committee. During the EBD committee I chaired the following events: 5-Ring Circus; Hot Air Balloon Race; Carnival. During these times I worked with city staff, the mayor, council and police for safe and enjoyable events. I chaired an election committee for city council. There are several other community involvements. I am also a REALTOR® who has practiced in the Northwest area since 1977. I know Brooklyn Center and surrounding communities very well. I attended the Monday, March discussion of the proposed ordinance. During that time, I heard all sorts of negatives about renters. One council member described her experience with a drug house on her block; the drug house was a rental. When I resided in Brooklyn Center I too experienced a drug house on my block, 5900 block of Abbott. However, this drug house was owner-occupied. My example is to demonstrate there are drug houses whether or not it's owner occupied. I listen and read the presentation that property code violations are more common with rental housing. During my residence in Brooklyn Center I called the city to report code violations; once again, the violators were home owners. If housing code violations are a problem, why not enforce existing ordinances? Why are you considering excluding a group of people based whether they rent or not? Some might say this is discrimination. I can provide other examples of renters and home-owners. This proposed ordinance is unfair to both home-owners and renters. Home-owners have property rights and this ordinance will deny them their rights. Most people would rather own than rent. It may only be temporary for these folks to seek rental options until they can afford to purchase. Housing rentals became more common during the recession years. Primarily due to home-owners who could not afford to sell and were forced into foreclosure or an option to become landlords until they could afford to sell. As the housing economy improves there will be a normal trend once again for home-ownership. Until this occurs, a rental ordinance will penalize home-owners who cannot - or do not want to - sell. If home-owners cannot rent, they may be forced into foreclosure which will depress the city's housing prices. Yes, I know that the proposed ordinance includes a 1-year waiver for these home-owners. For many, it may take more than 1 or 2 years to again have their mortgages above water. This proposed ordinance is unfair to both home-owners and renters. In my professional opinion this proposal will accomplish just the opposite of what the community needs. I urge you to reject the proposed rental density ordinance. .fhoinas Slupske, REALTOR® I Broker-Associate Direct 763-235-7090 I MobileiText 612-720-2997 I Email I tirislupske(irernaxnet I Website I www.toinslupske.com I Changing the Way you Search for Homes. RE/MAX Results offers FREE home search Radar App I How do you ger this App? I Just Text HomesByTom to 612-223-7700 1 Open the App I Click RE/MAX Results Radar Button I Point your phone at the listed home I Review all the listing infomation and photos. Socialize with Tom on .... Facebook I Linkedln LfJoa I Twitter I YouTube R1$ RcsuIts 13784 83" Way #200 Maple Grove, MN 55369 Each office Independently Owned and Operated. Confidentiality Notice: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail or any attachments is strictly prohibited. If you have received this e-mail or any attachments in error, please notify the sender by calling (763) 235-7090 and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachments for any purpose, nor disclose all or any part of the contents to any other person. Thank you. Dear Members of the Brooklyn Center City Council, First, I would like to thank you for attempting to address the issue of rental properties within the city. It is certainly a tough issue and I commend you for attempting to address the concerns of many BC residents. I was born and raised in BC. I am now raising my own family in BC. All told, I have lived in BC more than 35 years. This city is important to me and I feel invested in our community. I am also a home owner (6249 Brooklyn Drive) and a landlord (2801 67 th Lane North). My wife Melissa and I purchased our first home (2301 671h Lane) in 2004 at the height of the housing boom. in 2013, as our family continued to grow, our nice little townhorne no longer fit our family. Unfortunately, our townhome was now tens of thousands of dollars underwater. Our options for moving were short sale, foreclosure or rental. Renting was certainly the best option. We purchased a second home in BC just a half mile or so away from our townhome. This allows me to be responsive to any issues that come up at our rental property. I do my best to be a fair, responsible landlord. Ultimately, my desire would be to sell the townhome but property values remain low for townhomes in the city (though they are slowly rising). So I see this issue from both a perspective of a concerned member of the community and a landlord. Your proposal, while well-intentioned, seems to me to not be the best option for dealing with problem rental properties. Here are several reasons why: 1.The issue is not rental properties, or even renters; it is irresponsible landlords. I believe the city has a robust and fair process for granting and maintaining rental licenses. Things like number of police calls to a property and safety violations are taken into consideration when granting a permit. This also affects the length of the rental license. This ordinance only punishes future landlords and does nothing to address current problem landlords. It is important to understand that the issue is not rental properties but the behavior/irresponsibility of bad landlords. 2.From what I can tell, your 30% cap seems arbitrary. You've indicated that you have looked at numerous studies. Can you further elaborate on where this percentage came from? 3.The rights of a home owner should be fair and universal. Rental licenses should be based on merit. Your proposed changes grant a right to some while denying that exact same right to others based on nothing other than where their property is located and if their neighbors got in line before them. How is that fair? Either everyone should have the right to rent or no one. This is an unfair (and probably unlawful) change that will unfairly punish many BC homeowners. I have a hard time believing this is an ordinance that would stand up to legal scrutiny. 4.As I mentioned in the first point, this ordinance does nothing to address problem landlords that already have rental licenses within the city. Frustrated neighbors will still have the same issues even after this ordinance goes into effect, except now they will have one less option for getting away from those problems! So what do I propose as a solution? 1.Do not deny the right every home owner in city should have to rent their home. Many times this is the only "good" option a person may have. This ordinance may have the unintended consequences of increased foreclosures and hardship for BC home owners. 2.Amend the current rental licensing program to be more robust. More oversight is needed! If the issue is problem landlords, let's address those landlords, not punish other home owners for something they have not done. For instance, the city could set the number of legitimate police calls to a property in a year. Anything over that number would result in revocation of the rental license. A more robust rental program with more oversight should naturally weed out bad landlords and encourage good landlords, of which there are many. Again, I would like to thank you for attempting to address this issues. It is encouraging to see city leadership doing something rather than nothing. Admittedly, this is a tough issue and I understand why you are seeking to make these changes. I ask that you have an open-mind and rationally consider the points that I have made. I strongly suggest that you delay voting on any changes to this ordinance until further consideration and study can be done. Thank you for your time and service to our community! Best Regards,rd2LPaul Carey 6249 Brooklyn Drive Brooklyn Center, MN 55430 (763)202-5085 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of April, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 12, Section 12-901, of the City Code of Ordinances; limiting the density of rental housing in the city. 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 housina 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 eligible to obtain a rental housing license. A block is defined as a group of properties bounded entirely by streets, public land, railroad rights-of-way. zopg Iistrict lines, corporate limit lines or physical features such as rivers outcropping s p o nds 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 1 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 29 17-20 6 37-40 12 57-60 18 77-80 24 97-100 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 regulatm a. Exceptions. This limitation shall not apply to: 1.Dwelling units within a duplex: 2.State licensed residential facilities, but only to the extent, includ ing 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 o f 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. 1-1J-2,04, 0-2. 561-441 131 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 nronertv 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 together with any dependents by birth, adoption, or law: or (c) any number of persons related by blood, marriaae, 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.) COUNCIL ITEM MEMORANDUM DATE: March 23, 2016 TO: City Council FROM: Curt Boganey, City Manag 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 remove the subject item from the table so that it may be considered at the March 28th meeting. It is recommended that the City Council consider approval of first reading and schedule a public hearing for an ordinance restricting the number of single family rental properties in a single family 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 f1'Iissioiz: Enstiling an attractive, clean, sqIe, inclusive communityflint enhances the qiwhty of lie fir all people an(lpreseri'es the public trust [Eli PJh[ I I U N D1h74 U I DK' (Ii 1II )1IWi 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 properties. For property 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. o 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. o 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. o 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. o 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. Mission: Ensuring an attractive, clean, safe, inclusive coiwnunity that enhances the quality of life for all people and preserves the public trust [Ei1lJ[S1 i U U IA I'A I DM (I) 1iI I1SJhYA I • Potential overall improvement in neighborhood appearance. • Potential increase in owner-occupied properties. • Potential improved property value stability in neighborhoods Potential Costs o Decrease in home sale prices due to the restriction on potential use of the property as an investment property. o Increased time on market for houses for sale. o Negative impact to property owners desiring to rent house due to sudden change in status such as job change or death of property owner. o Litigation from property owners or advocates. o 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 increase 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 Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Attachment: Attorney Memo Kennedy & Graven CHARTERED Troy J. Gilchrist 470 US Bank Plaza 200 South Sixth Street Minneapolis MIN 55402 (612) 337-9214 telephone (612) 337-9310 fax tgilchristkennedy-graven.com hftp://w%v -%v.kennedy-graven.com 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 ajusticiable 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. Dean 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 hail 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. - 2 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: 471082v2 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: jDçun (cjLinjr I Ibjiji ' Single Pending Duplex Multifamily Family 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 l,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. ]I±iiIE IfL N3=)ll I-IL er- WNW r7i ifi [0{IThT1 1[]OTIutaIJI bt Issued Issued Issued Active Issued Active Issued Active Issued (thru 11/03) (11/03) License 2010 2011 2012 2012Category 2013 2013 2014 2014 2015 2015 Type 72 194 79 (23%) 322 (41%)85(18%) 375 132(24%) 282(33%)102(20%) 301 —3 Year (45%) (36%) Type II 77 208 156 (45%) 359 (45%)230(48%) 356 218(40%) 428(51%)192(38%) 408(48%) —2 Year (43%) Type III 27 48 80 (23%) 77 (10%)86(18%) 24(3%)103 (19%) 91(11%)109(22%) 105 -lYear (13%) Type IV 13 20 (9%) 30 (4%)75(16%) 76(9%)90(17%) 42 (5%)103(20%) 28 —6 Months I (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 Ill- 1 Year 13% Rental-Type IV- 6 Months - 3% Rental-Type -3 Year 37% l-TypeiF 2 Year 47% Acthie SngDe Family RentaD by Type 2 or moreLicense Type Single Family Units Rental-Type 1-3 Year 271 54 Rental-Type 11-2 Year 345 46 Rental-Type _IIl-lYear 100 14 Rental-Type IV-6 Months 25 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 4 3 2 1 0 Rental Owner Occupied 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. Average Neighborhood Scare 0 1 X31 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 St Paul 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 full 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 1 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.20.131) .. .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 Patti 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: 1.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 unplatted 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 1-4 1 25.28[7p4952 1-3 - [-[T3 _76 - 19 ..97-100 25 5-8 2 29-32 1 8 - 14 77-80 -20 - 942 .3 r6------------9 57-60 1581-8421 11 ri 37-40rrr 10 61-64rrir58r [ - 5 1 F 41-44 1 ii I F 65-68 1 17 1 1 89-92 23 6 1 1 45-48 I 12 I I 69-72 1 18 1 I 93-96 1 24 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 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. Six (6) months from the date of issuance - 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 sate. 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). City of Winona Lmitation of rental housig in low dens'_nejhborhoodS. h R-R, R-S, R-i R- 1 5 and R2 districts of the cty. no moe than 30 percent rounded up) of the on any block sholl hc elgiblo to obtau adiic,ton as a rental popert'j. includino homes ill 4 1 1Ch rcomers aflWCY boarders oe taen n by a resident family. A block is aefined as a aroup of pioper ties bounded entrely by streets, pubhc and, railroad rghts o way. zenug district Ines, ccrporate hint lines, or physcal features such as rivers. oucropp:ngs ponds 01 hskes: provded that final detneation of block shall be made by City staff When determining the number of olgihto properties on a block the number shall be the lowest umbCf that results in 30 pecent or more of the residential tots being rental. The follov1'ing table indicates how rrany lots are able to be certified as rentals based on the number of lots that exist oi a block. I 4.1% it%tai L4t\ Intal 1.i% Utnl;iI lLi Litt jitiT 1113 3 ii : 1 Iii eases in which one palcn ci the block is in an affected tone and another is in an exempt zone, only the affected portion s subject to th:s regulation •i) Exceptions Ths limitation shall not apply to state licensed residential facilities nor to rental properties Ahich are iahidly Icensed as of the date of adopton of this ordnance The tatter i.ihl be counted among the 30 percent of allowable rental houses for purposes of determining whetner new licenSeS may be issuod :ent Diric5. (C:p01y iui1 tie ulk;\n;; :cni o. istfo nmnt f rori' tn s etie: A C R-MHP C 1, F-'. 132 2 13-3. V. and 102, Trporry Licells,Net,v tr v; g th! fcYcg)I)cJ • 2r0enY cnei propety is hnc to U ic 3U ccen1 vn1E on ny iOCIOflf rerlta ieflSC ICr Its nr her prc'pety fOl ) perioo Of n1r? not e : dn 1 2 CO5OCUtlVO u0nth i LICi t 1C foHo.'irç :OI)OttiOfl 1.The properly is ctiy being of ferec for sale to too' pcibl:e by the cvbne(. by any uthorcd oqert of the cwnei dunq tn e li;eSe term 2 inc r o11 y shall be teni poranI' Icense d for rental purposes only t the property ooirio!es witfl al a1)oIcabe Cty nd Stote rental houshg requirements. irte property shall be I censeo oniy for one of the foowin I)one adult hOrg none or 0) 1WO unrelated adLts i/nO together ,tl any dependents by birth adoption Or law or (c) any number of persons related by bloc<t tvnrrzqe, dooion, or iW. 4 The tempomanj renta! housing license Awl terminate mniediately upon the closing of a ale of the property to a purchaser or at the end of the Jcnnse terni wh'che''er event first occurs 5. A copy of the lease agreement shall be deposited v'th the Cits Co:nmunty Development Department wthin one week from the date of the executOn of the lease Landlord and Realtor Feedback: In an effort to receive feedback city staff from Building and Community Standards and the Police Department met with a focus group of landlords and representatives from the Minneapolis Association of realtor. The landlords supported stronger enforcement of current codes. They also had strong opinions on how the strength of the neighborhood affected the overall likelihood for them to purchase a property and the price that they can rent out their properties. The Minneapolis Association of Realtors representative expressed that they would prefer the city to become more aggressive with enforcing city codes and not regulate the density of rentals. They expressed that the overall appearance of a home and neighborhood does not affect the purchase price of a property and that the main contributing factor in price is the overall structure of the home. A copy of their report is attached. r L BROOKLYN CENTER, MNMESOTA 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% Vacant units - for rent 4,137,567 48,091 13,951 441 %27.6%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 Sales e,000Jp, CEnlQr 600 500 400 300 200 - 1-2005 1-2005 1-2007 3-2000 0-2009 1-2000 1-2011 1-2012 1-2D13 3-2034 1-2015 Colr. T,a20onI Figure III Median Sales Price 5240K 0220K 52000 0000K 5160K 5140K 5020K - E,nnity,r Crete, - TelnCillen Region 51000 1-2005 1-2005 1-2027 0-2400 1-2005 1-2010 1-2000 1-2212 1-2013 1-2011 1-2016 E,eo00n Center &Twin CiIICS Region Traditional Fllauire IV Quickfacts - Minnesota Hennepin County Brooklyn Center Population, 2014 5,457,173 1,212,064 30,729 Population, pct change -2010to 2014 2.90%5.20%2.00% Living in same house over 1 year 85.60%82.60%84.20% Foreign born persons, pot 730%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 1 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% 45 to 49 years 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% 80to84years 1.80%1.60%1.90% 85years+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. 6 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 lii 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 - 1,6600631 - Lend 600 5000 400 200 200 IN 1-2000 1-01 12007 1-2003 1.2323 1-2000 1-2301 0.200Z 0-4303 cr300-Un Center 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. 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, MINNEAPOLIS AREA Association of REALTORS" 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 RI 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 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 liiI II Vi I '(4 LII FRI.] ii 1 I F!I liT1 Ek. III1(4I1I .1 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 homeownership. 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 freely, while keeping in mind the safety and security of residents and the surrounding neighborhoods. Rental Property Census Block Density (Excluding Rentals with 2 or more units) (Only includes RI and R2 Parcels) I tI _i ME- ^±ej,__ j2C H iq - - - I - ; t7\ __ / \uJ1 7 BHj T AL r- ---- I- iT\\ \ LU— -;:Ti / / LA I :::::; -iijjLegend ASingle Family Rentals in R1 & R2 Only * Rental Duplex Active :=A ^4- Percent of Rental 0000000 0.999999 I - -- — _____I - -- 20.000000 - 24.999999 EE :;E99 25.000000 - 29.999999 a::: 34 .999999 40000000 100 000000:1 i Lffi L I* ______ Parcels City Border Ei World Street Map . /7 \\\ 0 6501,300 2,600 3,900 5,200 6,500 7,800 9,100 10,400 11,700 13,000 IN&WAN&M Feet Map Note: This map is for illustrative purposes only. Information contained in this map is accurate to the best of our knowledge. 4 Map Date: 3/10/2016 City of Brooklyn Center City Council Meeting April 25, 2016 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 January, 25, 2016, the City Council approved extending the moratorium. March 28, 2016, the City Council approved the 1st reading for a rental density oridance. 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 on March 28, 2016 2nd reading on public hearing on April 25, 2016 If approved, ordinance would be effect on June 4th, 2016. May 22, 2016 Moratorium Expires City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 :[I]sJcSJ I fl I N k"4 U I *4 (I) nhJ i DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4xtkyo w^ SUBJECT: Type IV 6-Month Provisional Rental License for 1510 691h 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 1510 69th 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 new rental license. This is a 1 building, 4-unit multifamily property. This property qualifies for a Type IV Rental License based on thirteen (13) property code violations (3.25/unit) 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: 01-28-2016 The Owner, Marsha Darnell, applied for an initial rental dwelling license for 1510 69th Ave N, a 1 building, 4 unit multifamily property. 02-03-2016 An initial rental license inspection was conducted. 13 property code violations were cited (3.25/unit), see attached rental criteria. 03-22-2016 A second inspection was conducted and passed. 04-01-2016 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. 04-11-2016 A Mitigation Plan was submitted. !ktissiofl: Ensuring an attractive, clean, safe, inclusive coninninhly that enhances the quality of 11ft' for all people andpreserves the public trust I]JJOJ I N MY4 Ih I K'A (I) 1WI UIk I 04-14-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 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. 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 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. Mission: Ensuring an (UtrilCth'e, clean, safe, inclusive COmnZUIi!1V that enhances the quality of life for all people and preserves the public trust [i]JLYJ I fl N I DIhYA U I *'A (I) 1I 1BIk' I 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. 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: o At least 75% of units will be inspected for properties with 15 or less units. !kiission: Ensuring an attractive, clean, saft, inclusive co?nlnunity that en/lances the quality qffije for ailpeople and preserves (he public trust I1II[iJ I fl I I *'A 1h'i I D1'A (I] t1ihI )1IJ I e 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 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 an attractive, clean, sufe inclusive corn/nullify that enhances the quality of life fir all people and preserves the public Ernst S[I1IJESJ I N V V Mk' U'A I Dk' (I) 1II )11II'A I 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 A'uission: Ensuring an attractive, clean, sqfè, inclusive conununity that en/sauces the quality of lift' for all people and preserves the public (just BWLDING AND CO.1MtTNITY SThNflA1WSW'City of C ClENTER arithF License Mtlgtipr Pan Type IV U tonse iedwtften Mfflgion Pn will not be cpted A filtable frn1 can be found on the C i ty 's webte at w-YAv-6. tyofbradklyrioe nter, org or call (763) -333O to have an elocl t on io copy sent toyu v ia O rn a lL Property Addres: 1169hAa. ft BrIyn Center, MN EE43G Owners Name(s), M a rs ho Darnell Owner's Addrss Lr'okdaIe Orive N. Apt 305 Urooklyn Park, MN Owner's Phone: iz:i 701 -9732 Owiie's Email: rndarrtell56@yahoocrn Current Explatlôn Oat: LcicaI Agent(): A g ent 's Addres s ! Agent's Phone: Agenj's Email; Pending Exiratin Date:i)[)Jjuc milIh rcr! asn Ia. j E^a sed o n property conditions end/or va1aed police n u Isance in cidents, the above reFrene property quallf1es fora Type 1V6 Month Rental License Prtortoapplin approval by the CRy Coun cil a fijIJy complel e d Mitigation Plan must bo cempleed and approved by City s taff. A M i ti ga tion Pin m u st be oomp:I&tad lmnditely in order to enuffi timely cempktion of the lliceaiw application pres. The Miligation Plan should Ind ioa te the steps being taken -to c o rrect identified violUon5 and the nioaur he will be taken to ensure o ng o i ng compliance with City Ordinances .2nd pp1cabe codes. A. Miigatlon Plan alIow the owner and the City to review concernen .identify posib slutions to improve overallto rtcr llfaris of the property. if 1he MiUgaon Plan Is riI subniitte4, and all i.are not completed within the pend Ing koerse perkd, or the above property operates beyond the license epi.rUn date, eriforcemetit adions such ,is ci tation, format onipinL or license raview. mayre s ulL efre stthrn fitting, fIiiuLSection A1 8 , and C located on pages2 3, 4, and 5. pas'a 34" fVR'yo Wffa ikai)r', Rere, 44-5 C i ty of Rvwklyn ter—BuiIiu and nmJly Sl a ndar dl Dp±1r1Lt E3D1 rnCentr 5E40219E I Pci -.]U I TM.711 I F. (7s.)E6!o XBROOKLYN BWLDINC D COMMLINITY STANDARDS ty of 1jQthMeft NTER Brooklyn Ccntr lN 554O Renta License fltigtion Plan Type I V Linse Sections A—Cthnc Free Hou.tg PrOgraMeme1t5 Phase j7 I Use a writtan loasearernenL The lease agreement shall include the Crime Free: u] L seAdderidum, A copy of the temntaid Crirn Fr Hng Lease Addendum must be attached to the MitFgation Plan when submitted. Agree to pwstje the torminalion or le aqreemont or eviciciri of term nts who violate the terms ofthe laasorany adthndlJrns YJ 3)Cdut crirniijal b kroi&i check for all new propecive ietit. If It i urrrit tenant anew background check is not required Must be able to provide documentation to City, if requested 4)Attend a City approved eht-hrr Crime Free -(ousing training ceurse lrfforniaIron for approved courses can be found at www.rnncpanet under the Trkig andEvnL lab. A copy of the Crime Free Hotring Cort1ficam must ba attached to the Mitigation Plan when submitted, Crime Free tqoLrSing1ralninwaompleled onilssthduIed for Owner or agerA1inadJis planning to attetid trait) ln9 ) Su1niit NjonIhIV UptIte by the I 01day of eath month, IF JVJ 1) Complete a Security Assessment and irnpienient improvements requested by the Brooklyn Cerit Pole rtmnL To shduIo an hiitial or follow-vp Souriy Asse,arnent call (73 )564344, Afolkwup samentrwtbeoompIeted befa rel thel 1 Ice nsa expiration date to verify the sewity improvements have been implemented,., 11 a $ecurlty Assessment has been prviociy omplete, wile the compleiFort date. Security Assessment was completed antis scheduled for 4116 41- 1;JI -L-) Security Assessment follow-up was completed onTs scheduled for ,3 CQntrnue $ations A 1 Phase lii on pag3. Pap Z • Typn W Rrel, 4-4 ciey ook1yi Ce nter—Buildfttg and CctiiIy Slandayft Department wr4yncnLer.or >31 Shin Crck Prkwy, olFri CeriLerMN 5E40-219 Ptn (7,N) 5634330 1 TTY 711 1 F 6H30 BUILDING AND COMMUNITY ST4DARDC bXL?N J License Mitigation PratiCCl Typa tV Liene Sections A—Cfime free Ho tisfng Program Requ irem o nt4 (cQntimiod) Phase Ill 1)Owner or agent will attand at Minimum 50% I2) of the ARM. rnng& Tlia AR.M, motn mut be completed ithin the rotitt lierise porlod and kvefore thG periding Type IV License piratkti date. Regstr2tioti Is required, hweer youmust sign7ln dvNngthe meeting. Wrt' Iwo rneeting eates an , owner or agent plan totlend Owner or agent will attend AR M. Inuotlaq 5 scheduled _ and [] 2) Have no repeat cod a iiQtlkns previcrusly dournented with the past year. The foJIowing actions are required for proportlas with four (4) or more units f] 1) Conduct resident trainitio annually that includes crime prieUri techniques. 2)Cirthcct regular riderit meetings. - TYPE JV Raqb) V 4445 city Q.B!QQIyJI 404lnjj and 00ftliftuAAy Slandards pint 6301hirIeCrk Pw 8ro4Jyr UrI MPJ 40-19 Phr; 7:363-3sO I TTY, 711 F: T}3 BUILDrN3 AND COMMUNITY S TANDARDS ,Broo^Ayn 1^.entdr, MN 55 ,130CENTER enti L i cense Mitig a tion Plan Typo IV Livenso Secton. 8—.Long Thrr# 04p ital Based ort erdiUen and aga stirnated rePlaccYnent dates need to be provided for cornnion capita Items. Funding should, be considered acoord.fngry, Items that are broken, worn, or otherwise in VIO111OEfl prior to the ornaIed replacernant daé need to be replaced sooner, All items must lave adate for E$Urr?&d Rep?acmIQq'e, Dats SUr,h a: 4 UnUr 1 ', 'don't know "'. or 'whn broken' will not be acopEed. If y o u are unsure of when an itoii Will need to be replaced, you oimake a pedictien based on Ihe age, appearance, condition, or manufacture/industry reconmendain, Addllioiat lnfornt ion on7 Epeed Useful Life can be found at www.hudgov. trn ExaftlPlw Water Heater Furnace Water Heater Kitchen Appli a nces Laundry Appkncos Smoke AJarnisi Carbon Mnoxld Alarms Exterior items Painiikl r Windows Root Fence Shed Garage Driveway Sidewalks Olher Date Lt Rejilced Condition* Epctd Roplattment. Date May 20W F My 2020 F M i vary 2U2i r Februiy2 Jun e 2O213 P Septemb e r 202 3 July 224 Ccnditnbbrvitk)i: F-,, r-- Ketds REptacesnenl Ty WW.Li Fc 'v. 4-1445 Cy of ô'OkIyn Cumbu i—ftilding mnd CQnrncuUty MarLd oxtis Iranf 7O1 Shin rk Prkv# UiakFn C'.itr, YAN 5,0219 1 Pone. 1 ITY. 711 I P ax (7EG) 53Jj(J G-j BUrLDING AND COMMTJNrrY STANDARDS %OOKIJYrT Livense Mitigation Plri Type IVLcEns. etons C--Steps tofinprova Manaqemenf and CeidWps of Pmp oily The items in this lioi haVe been proven to assist with property management and property image, The following aetlon,5a r4a requtrd: IV I 1) Chek-in with tenants every 171 2) Diiv by property to check for possible code violations, 3)Evict tennj$ in violation of the kse or any addendurn. 4)Remain turrnt on all utility foes, txe5, asesment, ine5, penaIiJ, and other financial clainns)paymenls due to thL, Cfty. ) Other: Mn1hly rnitOr pake callstc ihB The following .atlOh$ optional unless tequired by the City. 1) Provide lawr0snoqv service, 2 ovkIegarbae S?vioe J 3) Install security aytern 4) Provide mainlenance sewice plan for appfiane. Name of OPi nipany: fl ) Other If the Type IV Month Rental Llcene is approved by the City Council, the licensee must comply With the approved Mitigation Piri a1d afl applicable City Cfe& A written report must b ubmltted by the 10 day of each month with an update of actions being taken by the owner and/or agent to corn ply with thia Mitigation Nan, A copy of the Mnth1y Update can be found on page 7. A lillable form can be found on ihu City's website atvmw,cityothrooklyncen(er,org or call Th3) 69-330 to have an electronic copy sent to you via email Peaso attach additional information if necesary. J?v. $f4L City cifIrpDkIy1t C tV-1ui1d1n iç1, C.cmnmnLy 8f andard,ptntl Y1ONXRiWb(jWYnQa 0301 rrJ Cre cklynCers1or, NIN 55430 ,2199 PI -re: (76) EflO 1 ITY 711 i F;(1) BUThDINc AND COMMUNITY STANDA1U XBROOKLYNyiI CENTER E!E° Rental Lf"ntm Sign and Wrify I verj that all Inorm1jon provided is -true k4nd accurate, I understand that if I do not cornAly wilh heapprved Mtigtion Plan, wmp ly with all items wi1hn the ficeme period, or operale beyond license pfra.tion -date, enfaccnirt actions such as cithtions forrn& complaints, or license reviewrnsy resuJt Mar s ha barn t ir ..•.Owritr or Aga ni 'Jn Td Ti1 (Pfee Pri() - -4191 201GfCtL OWrifOAn 1 8ignfirare aNv A dddkoxq QwrrA,9nrN rf Th(u (Ap'k&N, Rease Ffnrj OW 6VAP ni mhrr 1)!&) Dafe City 3tffOa!y Pct Da,ment iJ aYId ImnliY1ty S40 r,]'lrd Pt FYi N45 City f B370 0 Ce it f t r ü1di and 0 OYftYftUftiiY Sian da1 wwx i 17 Ot mv, 10 twi I mr, crg OUT SNITAIECrk Prky, 81 rocKIlyi C&iIi, KN4J-2 -1 PItnF (113 663-330 1 TTY; 111 1 Fa x 178 9-O City Couirci1 Agenda Item No. lOa #2 [III]JJ[SJ I I ak S I 3 [U tUI 1IJh'A I DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3000 62nd 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 3000 62nd 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 October 26, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on two (2) 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, turn in monthly updates, and failed to complete security improvements. According to City Ordinanôes, 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 comniu ally that enhances the quality of life for all people (lad jreserves the public trust [I[I1Ih[SJ I N Mh'A L'A I M"A (I] t1I I1IJYA I Current rental license approval activities: 12-07-2015 The owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62 d Ave N, a single family dwelling. 12-28-2015 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 01-28-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-08-2016 The $100 reinspection fee was paid. 02-12-2016 A third inspection was conducted and passed with weather deferral. 02-28-2016 The previous Type IV Rental License expired. 03-08-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-08-2016 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. 03-18-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-30-2016 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. 04-01-2016 A Mitigation Plan was submitted. 04-11-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Prior Type IV Rental License approval activities: 06-04-2015 The Owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62'"' Ave N, a single family dwelling. 07-28-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 08-31-2015 The previous rental license expired. 09-01-2015 A second rental inspection was conducted and passed. 09-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-04-2015 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. 09-22-2015 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. 09-30-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, safe, inclusive cornnwnhty that enhances the quality of life for all people and preserves (he public trust [i[I1UYSJ I fl I I MhYA LA I ai 0] 1II ilIIh'A I 10-19-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld October 26, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately one month. 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 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualify of life for all people and preserves the public tins! [1i1IJ[iJ i U N *YA I I k"4 (I) 1Ih1 I1PJh'A I 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 03-0840 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: o 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. !kIiSSiOIl: Ensuring an attractive, clean, safe, inclusive community 111(11 enhances the quality ()fh1fe for all people and preserves the public trust SfIi1IihSi I N U U Ik"A I I k'A (I] 1Ili]Jk I 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 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 0-0.3 5 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 !Iission: Ensuring an attractive, clean, soft, inclusive comrnuiiily that enluasces the quality of lift for all people am/preserves the public tins! IEI1II(iJ I U I *h'A U I Mh'A 0] 1I lIJk'A I 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 3000 62 d Ave N Mission: Ensuring an attractive, dean, safe, inclusive coinmunit,v that en/lances the quality of lift for al/people and preserves the public tins! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3000 62t AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3000 62 w' Ave N, was issued a Type IV Rental License on October 26, 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 3000 62m1 Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements, turn in monthly updates, and/or other requirements. 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 3000 62nd Ave N, Brooklyn Center, MN. April 25, 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. EUIIJMNC AND C OMMWWEY TANDAW$ CENTER Rental Lkefl5o Mit1gatioll Plan - Type IV Licoiiso Haiidr1teii Mitigat ion P!is will not be capd. A filL9ble form can be found on the Chy's wobsio ot icityoftroakIynenterorg or call (76) 51393330 to have an electronic copy sent to you via email. dpi 0, ,Property Address., 300 62rid Ovu North Owner's Name (S)., '' Soffa Qwne?z Mdrass: 3005 EVER IEFN LAN E NORTH PLYMOUTFL MN 55441 Local Aerit(); Agent's Addes: Owner's Phorie (012)597-2$-,1 0 Owner's Email' cIoffa1 @9mt 1 Corfl Current Epiratlon Data:j -, r / j Ajenrs P1ion: Ant's niall; Pending Epira1inDate-. .o $L fFtI U1Cfl UcI Based on property c ndilions and/or validated police nuisanc Incidents, the above referenced property qualifies for a Type IV-6 Mcinth Rental License, Prior to application approval by the City Council a fully completed MiUgatloi Plan must bo compl ted and approved by Cibj staff. A Mitigation Plan must be Otflpleted immnodatc'ly In cider to ensure tlmey completion of the license application process. Tb. Mitigation Plan should Indicate the tapa being taken to. correct identified violations and the measures that will be taken to ensure ongoing compliance wIh City Ordinances and appfIable codes, A Mitigalion Plan allows tha owner and the iCity to review concoms and Identify posibe solutions to improve overall cenditions otthc property, ff the MitiatFon Pfan is net aubmilled, and all items are not completed within the- pending license period, lDrthe above properly operates beyond the license expiration date, e nforcement actions such as citalion, formal eomplalrm or license review may result. Before submMing, illl'oiit $etlons A B and C located on pages 2, 3,4, and . NOG, 1 16 typ 0 1 V Fcr,1I'LJ !frPkir', 1ç -; 4-4-15 City OF Bnat7tyrt Center—fluiidg and Conixftuhity Smad pa.t1ftent 5301 Shirgli' Crook Prkwy, rokii c.t,nh,r, MN I-2159 I Pkn 3' 0-33-3D I ITh fli I Fax: (73) 5230 BUILDING AND COMMUNITY STANDARDS BROOKLYN 3000 2nd veMoh Renta] Lice nse Mitiation Plan - lypo IV LEense Sections A-Criine Free krsffigPrograrn Requfroments Phase I 1)LJ5 written lease ioanient The lease agreement shall Include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attach to the Mitigation Plan when submftted. 2)Agree to pursue ihe termination or lease agreement Or eviction of tenants who violate the terms of the tease or any addendums, F -7 1 ) Conduct criminal b.ackround check for all new prospective tenants.. U it Is a current tenait a new background check is not required, Must be able to provide dacurnonthtlon to Cfty if requested. f 4) Alierid a City approved eig.hthour Crime Free Housing train(ng course. Information for approved coures can be found at www.mncpa.net under the rre/nfrQ and Eventhb, A copy of the Crime Free Housing Certificate must be attached to the Mitigation FIL1 when submitted Crime Free l-iouing i1airing was completed en/is scheduled for: &L113 Owner or agent atteride(Vis planning to attend traFrdng at city of: j 5) Submit Monthly Update by the 10t 1doy of each month. Phase][ fj i Complete a Security Assessment and Implement improvements requested by the Brooklyn Center Police Doparinient, To schedule an initM or folti-up Security Assossniont, AfelIow-up assess ment must be completed before the license expiration date to verify the security improvements have been Ernplemened, If a Security Assessment has been prevousiy completed, w:ite the completion date./ Security .Assessment was completed oiVis scheduled for: Security A sessment(olIowup was completed eMs scheduled for: 120 E45 Continue Sections A Phase UI on page 1 Type L'.$'$45 Cit/*IBxbiklyii C —Bulld1xj aM C ufy St 4nxd I)ep1it i3Ct Sliini Crk wi'j c*Ji Csr1es, MN I Phrr (1G 56-33D I TTY- Ti 1 1 Fax: (70) 1TJ1LDINC AND COMMUNITY STANDARD'City of CENTER E002fld Nc1h Rental License Mttgation ParBROOICLYN Type IV License $ecions A-Crime Frce Housing Program Rq PremcnLs cottwed) Phase HI 1)Owner or agon will attend at iiinirnuni 50% (2) of the A.R.M. me e tings. The kR.M, moofings must be completed within the rental lFcene period a nd Wore the pending Type IV License expiration date. Registration Is not required, however you / must sEq n-in during the meeting. Write Iwo meeting dales an owner or agent plan to I 1 / attond, Owner or agent will attond ARM, riieetinqs scheduled On: 2)I-Iavo no repeat code violati o ns prevlouly docurnorded wilh the post year. The following actions are required for properties with four (4) or more unfts 1) Conduct resident training annually that Encludos vimp, prevention techniques. LIJ 2) Gonduot reular resident rneelirigs, Pl i gs .a T^yoe cvrr Uwnse I566 P?, RW. 444-15 City of 1301yi Center—BuildinErm.,nd Cmurttty St a nd ;jrdr, Dpntt 3D S1-rig fro 0 Pkay, kBr Lxkl yn Ccirar;, PX 5130 -219E' I PJicr (7I31) 6 E.3-3D I TTY: Ti;1 I Fx(763-33O3 BUILt INO AND CQAIXMTY STAThiLW•sC, yof MOD 02nd eve NoOOOK CENTER Renal Ltuenso Mt Elan Plan Type IV License ctfrns 8—Long Term C apita l Improven7ont Plan Based on condition and age, estirnathd rop]acernnt datas need to be provided for common capital iten. Funding should be considred a0cordingly. ltomhtre broken, wrr, or thevvtao in vItcn Prior to the estimated replacement date need to be replaced eoner, All items musi. iave a date for E s Imi!f Rep racernnt D, Dates 5uch as: 44 U i,sure, don't know", or when broket will not be accepted If you are unsure of w1in an item wilt need t ab e replaced, you on make e pr dciioii based on the age, appearance, condion, or rnanufactur&industry recommendations, AddiUonal information or Expected Useful Life can he fou rid at vvwwchudtjov. Item Date Last Replaced Epe; WalerHoat or My 20W Fumac nh Wator Heateri ! Ktthen Appliances &riter Laundry Appliance r)kr SInoke Ala tmsi Carbon Monoxide Alarms 5-1 -2013 ExteriQr I tenis PeInfiSiding Window; n/a Roof rLa Fence Wa Shed !1/1 J/?DS Garage Driveway &e Sidewalks Other: Condition" Expicthd Replacement Date F May 2020 F S1-2030 F El 5-1-2020 We e El ___________ F El 5-1-2016 2017 F 11 F El 2011 F]n/a F 3 2026 Condt1ian Abbrel;1lons N=N FairF Nds Rplaenierfl=R Tyj (V Liiiii M ;rwir PO v, 4-4-45 City of C erThd1dlj and Cordittunity 5t49 flept1xruth €U1 -Sh,ok Gri-:1;kPFvWNay, UdAlyr, f4jnbr, MN -21199 1 Ph 1 TTY; 711 1 F 783) 5I-3fj BUILT)INC AND CQMMUNLTY STANDARD S Xty E jLIJ 6..rid eOKLYN Rental License M1igatlon Plan Type IV License Sections CStps to fmprave Ma nagement a nd Cond1thzis ofProper!y The Items li this section have been proven b assist with property niai grnent and property images The following actions are rqulred 1)Check-in with tenants every 30-days. 2)Drive by property to check for possible code violations, 3)Evict tenanis In violation of the lease or any addendLIn'ls, 4)Remain current on all villity fees, t.xes, assessments, fines, penalties. md ether financlI 0airrisipayments due to the CFty [J 5) Other: The following actions are ptioaF wdess required by the Clty 1 Provide Iawnlenow service D 2) Provide garbage service, El 3) Instatl socurity systent 4) Provide maintenance servioe plars for appliances. Name of service company o other: If the Type IV-6 Month Rental License is approved by the City council, the liiisee must ootTIpIy with the approved %jitloation Plan and all applicable City Codes. A written report must be submitted by the 10"'day of each month with an update of actions being taken by the ownera udlor ageiit te eompiy with this Mitigation Plan, A copy of the Monthly Update can be found on page 7. A filable form can be found on the City's website at Awc.it,o oklyrtcteror or call (763) 509-33,30 to have an efectronic copy sent to you Vi a email Pkase Mtach edditonaI inormatFon If necessary. Tyge !V ReNd Lformw 0Iñ0OI P!iR Rev. 4-14-15 CityIrDokIy ter-Bufldiit A Depatkt ci1b'rnter. €aot hi OpkFtrkwy r Oen[er, MN E.1D-219 I Ph(73)-3FJ TTY 7fl I Fv; 47Oz) 565-535D BTJLLTZNG AND COMMUNITY STANDARDS f City of BROOILYN Rental License Mitigation PlanCENTERType IV License Sign and Verify I verify that all information provided is true and accurate. I utxIernd that if I do not oonply wfth the approved MitigtlQn Plan, tomply v4th all ithma 'Mthlu the I icense period, or ope re boyon d 'the liec.nao explr1iori date enforcemont atlon such as citations, formal complaints, or Iicenao review may result, ))i. ( (m1or erArii fferne 'i TYr' p,Xr) / Owttr or Agon t S'nn'ic Data fr AddiVon id Thee (hFApplics sP*i() Addk'nJ OLnPr e.r-nk? fp('b/e) C/ty $r? QrIJy ,M4L i, 'id Cormm$y S!irrdzrds Dparr?t -2"'Z:z' )z _f7 Do to MiUvErEAdri city cIB *1yivCe r-3uitd.t' and CcmizurUt tndarcIbrtxnrnit 6301 E'hiijIt Crvdc Pr1cwiy. ooJ'r Cfltr, E543021 F Pho'w:763)5533330 I TTh ii I Fax! (7B3) -33I) City Council Agenda Item No. lOa #3 [S[S]SJ[IJ I N N M'A U I Ik'4 (I) 1'WI UU I DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5700 Camden 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 5700 Camden 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 August 24, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type i Rental License based -on one (1) property code violation 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. 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, saf, inclusive conwnunitv that enhances the quality of lift' for all people and preseives the public has! i1SJJ I RI I k'A I $ k'4 (I] 1ki 1IJ I Current rental license approval activities: - 11-30-2015 The previous Type IV Rental License expired. 12-16-2015 The owner, Daniel Gelb, applied for renewal of the rental dwelling license for 5700 Camden Ave N, a single family dwelling. 01-08-2016 An initial rental license inspection was conducted. One property code violation was cited, see attached rental criteria. A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 02-04-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. A $300 Administrative Citation was issued for renting without a license. 02-08-2016 A third inspection was conducted and passed; corrections complete. $100 reinspection fee was yet not paid. 02-29-2016 The $100 reinspection fee was paid. 03-08-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-08-2016 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. 03-30-2016 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. 04-08-2016 A Mitigation Plan was submitted. 04-14-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will beheld April 25, 2016. Previous Type IV Rental License approval activities: 05-31-2015 The previous Type IV Rental License expired. 06-03-2015 The property was posted as unlicensed. 06-10-2015 The owner, Mark Knerr, Plaza I Inc, applied for renewal of the rental dwelling license for 5700 Camden Ave N, a single family dwelling. 06-19-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 06-23-2015 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 07-06-2015 A second inspection was conducted and passed. 07-22-2015 A $2000 Administrative Citation was issued for renting without a license. 08-06-2015 The $2000 Administrative Citation was dismissed since the owner was in process of submitting a plan. 08-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-04-2015 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 Mission: Ensstriiig an attractive, clean, saf, inclu!ve coninznnitv that en/ian ces I/se quality a/lift' for all people and preserves the public trust [i[I1IJ[J I U V MhYA Uh'A I Dk'A (II 1I IlIh'A I license. I.e, submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-06-2015 A Mitigation Plan was submitted. 08-14-2015 The Mitigation Plan was finalized. 08-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held August 24, 2015. Prior Type IV Rental License approval activities: 11-30-2014 The previous Type IV Rental License expired. 12-03-2014 A $125 Administrative Citation was issued for not submitting a mitigation plan. 12-03-2014 A $300 Administrative Citation was issued for renting without a license. 01-06-2015 A $600 Administrative Citation was issued for renting without a license. 01-29-2015 A $1,200 Administrative Citation was issued for renting without a license. 02-05-2015 A $2,000 Administrative Citation was issued for renting without a license. 02-18-2015 The owner, Mark Knerr, applied for renewal of the rental dwelling license for 5700 Camden Ave, a single family dwelling. 03-23-2015 An initial rental license inspection was conducted. No one was available for the inspection. 04-27-2015 A second inspection was conducted and passed. Property was vacant. Zero (0) property code violations were cited, see attached rental criteria. 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. 05-19-2015 A Mitigation Plan was submitted. 06-01-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 2015. Prior Type IV Rental License approval activities: 02-12-2014 The Owner, Mark Knerr, applied for renewal of the rental dwelling license for 5700 Camden Ave N, a single family dwelling. 03-04-2014 An initial rental inspection was conducted. 9 property code violations were cited, see attached rental criteria. 04-07-2014 A second rental inspection was conducted and failed. 04-23-2014 A third rental inspection was conducted and failed. $100 reinspection fee was charged to the property. 05-31-2014 The previous rental license expired. 06-05-2014 A fourth inspection was conducted and passed. The $100 reinspection fee was paid. 08-07-2014 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. Mission: Ensuring an attractive, clean, safe, inclusive cowman/tv that enhances the quality q/ life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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. 11-30-2014 The previous Type IV Rental License expired. 12-03-2014 A $125 administrative citation was issued for not submitting a mitigation plan. 12-05-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld January 12, 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. 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 mission: Ensuring an attractive, clean, safe, 1flCIIINIVL' CO?flIfltIflhlV that enhances the quality of life for all people and preserves the public (rust kI1BJ[iJ I U Mk' U'A I K'4 0] t1II I1li'kI 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. 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. Mission: Ensuring an attrac/ii'e, clean suf', inclusive community that enhances the (Jiudity of life or all people and preserves the public (rust [I1SJEI1 I U DIk!A Uk'A I *h!A (I] 1WI UhJ1 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 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). 4) ission: Ensuring an a#,'ucuii'e, clean, sqft, inclusive conwunilty that enhances the (file/it)' of I1J! Jar all people and preserves the public trust [iII1BJ[iJ I U N N k'4 L'A I k'A (I] 7I I1$k'A I LicenseNumber 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 5700 Camden Ave N Mission: Eiisitr!isg an attracti4C, clean, saft, inclusive conhifluflhty that enhances the quality of lite for al/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 5700 CAMDEN AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5700 Camden Ave N, was issued a Type IV Rental License on August 24, 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 5700 Camden 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 a TYPE IV Rental License is hereby approved for the property at 5700 Camden Ave N, Brooklyn Center, MN. April 25, 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. ABWMEWW BUILDING AND COMMWtTY 2.NI)ARD City Of .A: RR Rental Uccnse Mitigation PlanCENTER AM 'Typo IV Litense Hwdwthcn AG11ga6urt Pldns will nof &i accptcL A ilable fcn can be found cin the CiIys weheke a.1 or cell (763) 569333O to have an electronic copy' Smt to yoU via emaiL tipoporr'1' conditions ridiorvalidkdpolie nuitanto holdorit, lbe above roirenced property qualifies bra Te IV-fl Mbith R.Ont4l Friar to upplivation eppiovL by the Cily Cuuricii a fully completed Mi1Iatin Plan must be comped and approved by Ciiy staff, A M1iallon Plan ruat ba cornp.Wed lmmOdiaVjly in brdnt to en sure timOr Or pletiOn of the licens application procests. The Mi1iiation Plan should hid Icate the steps behicj taken to correct ildsiitiiTed voaliore and the measures that wlI be token to eniiie ongoing compliance with Oily Ordinances and applicable codes, A Mitig1ion Pian aIlve thin oni arid the City to roviow toncerns and ldnUi' &u1r t lrv rali ddiuns pf the properly. II 1h ijiUnj plan j nDt sbmtted nd all Ilema Are no mpieied wjthir the pericling lir peiiod, or the above prapry Op1eS beyond the rne expkaion date, enfmernant actions :,such as eitetkn formal nrnpleinL or iemie review may recl Refom ubmltLin fiU-oijt Sectl ohs A 1 aid C latd or pao Z 4 and Tp IV ?i Rev. '44 City of ecnfrmudhg and itmnt 6i1 iIri Crt Pay, l!l M 551O-21 9 Pttr': (73) E€33 TTY.711 I Ia: 763) 5-6' IMP -18 1(;IWING AND CO MMuNfl STANDARD MMMW PRO 16YN 57MCr'idei Averlyr, ri. 1 CENTER BrcMy Ccnior, MP.J &4U Rental LI corwelfflftatlor1 Plan Typo [V LI rise Sficin ACrrn e Fri Uisin Prcrarn Requ;remnfs Ph I Use 2 Written lease agreemant, The lease egreeminf FiI Iritlude tile Crime Fret 1f Housing Loa5al Add&id'm. A ttr ot fila 110s agreament and Crim ia Pre Hou1nLeas Addendum must be 9 ttac hed to thoNtigatlon Plan whr submitted. Agree to pursue the temnatior or Ise agrernert or eviclien of tenants who violate the ternis of the Ieao Gr any ad&ridrjrn. LA Conduc rirninffl bakgrouric hck for all new prospc.ie teri.nk. [nt is current ?nant o ncw bckQrDund check r not required, Must be 2hle o pD1S docirnenthii1 to City if rquesod. E3 k4) Attend a Oily spr'ed eiç)ht-h our Crim& Fiec Housing training course, lnfarmation FOr 1IprOIlE4 cows tan be found at w%vii_rnnPpa.. net under the TraThw d Evert ta b, A copy of V14 Crime Free Hoirshij Crt1ficaLo n-iut be tahed to J-ie MitlgtInPlan wjieji sribmItted. Criia Free Housing training was oomplteed onus Schedu led far Al CV 5 I t{j Ow-rat ar ag&nt Ltrtde'/I pinriin,g to aent tifflng t ciy of 1 ' Rau I 5) Submit Monthl Updfe byth iQ' ay Or ch month, V 1) Complete a 80cu 61yAsemen M JI MPIeMefltimproyernenits reiieserI by theBrooklyn Ceiler Police IDepaftemL To sched ule,,q n Intital Gr follow-up Security Ament, It (75) 83344. A fclkiw.iip sment muttibe completd bfcita the license expiration date to verify he socurity improvements hate been imp inenfecl, If a Saurity A ament has been pnoviou1.y coipI?td, wtitô the compielion date,, &uifty A esment was completed orJi scheduled for Secvrly A.sseassrnent follow-up was completed Onlls che&ild for;V2 WIS CGritinue $oct[rhs A. Phe UI on pe 3 ttri o i5oklyi es yrd Dthrn6301 SIirpi ePor14w. Cnj S4i.21Oi Ph& 33I2O I TTY: 711 1 F i73) AND CoMrnmir• STANDARDSCity of BUXLD'NG OOE1YN Rents! Lwirtigaorip:r Setioq A -'rrni Fie Housrng Prcxjrtxm qwjement. (frruipJ-a If Owner or eqeat will atter minj1um 50% 2) of t) AftM, ein. The AR.M.moiMings rnut be completed within the rental U c ensez period and bfora tFioPending Type IV Licrse expiratiorid8te, Registration k not rqu 1recr, t'iôwever yourntgrn rfuiirig Ole meeting, 1Nrit two meoUriq dates an awner oran1 plai ntoipfterith Owner or agent will aL[nd AF .M, neeiirs schced uled. on: 1 2/16 id/8(1 2) H ave no repeat code vialafforts ptEv]o1sry d uened yAtI)-the past year. Tho o1Ivn9 act' Oner am req uFrd for prprties with four or more unFt.El 1) CUF1djit r6iEk!tTi 1inJ Fn WJJJI' Th3UncJudes crim prev&iti.r techriiquer.]f 2) Cunduct regutar ie3idtint ne1ings, i1 r ivr tk- - - 3Ci1 Sbirj P14vft Urnki rihr, M 51].19 I PJ,cc: (7)-3D j TTV: ?11 [ Fax: (7C2i BIJILI)INC AND COMMUNITY STANDARDS Jyn Gerfler, MN 6C430401 Brook Ckycf Rctat Plan Stkiii —Lonr Term CapitI Jrflpverncht Pfj Bed on cridjtlji sndagt, etirnr'd re plc0jT1eiit dis need b be provided for c.rnrnQfl r -apit1ierne. FuhdingsheiLrltfbe nsiderodi3ccordingly. lte.rr th3t rc brok,i wDrn, or che' nv&a1on prior to 'the, eeirr1ed replcEriient dale need be ieptaced sooner, AU ftrn rriut ha'ie dale forJR ce.rnanfD&r Dates iOh- a "uriur", 41 donyt krvôw", or "whenbrokw-i will not be x:ptad, (yOu are UrUre ohchEn an RMYfillneodto Ie replaced \cu C3flmake a prediction lXid on tha a5e, app2rarico enndftjt rurx'rnniendtien, AddiflQuir ifforma6uri: or Epectcd LJs&uJ Life can be ictind lwwvhud,qcj'i Item Jte Last Replacod EMM. V!erHer May2OW 2010 Water Healer 2010 Ktoiin AppliarE& 2011 LuncIry PppIi ne &neke Alamie! Crbon Mcirbuido Alarm Py201 Crdtlor' Expected Repiatemnt Date JVOY 2,020 2019 202Q Ci 2017 g -terlt ft!m PaIrW&din Windows Roof Fnce Shed Gar?ge Other May 27DT5 - 220 May2uis 2fQ0 2020 WA N/A Jiil G 2UW lJrk F 2017 Condrb /br1lon: N=N Fs Lm NOOds Rp1rnryi1R Dfivevlay P iwr P3 fxauk1y] te -tjfi1Enui o itrandra )ea-trrii1o1 Crk F, c j Phcin: I TrY; 71 I '' s3-2a EUILj1NC AND COMMuy RDDJD XRC Type IV Licimse 8hc - C—Sp tc 1mprv anaperiTent CojthhQfl3 bfPropoj'ly -111D items In ifirs section hav Iri pron lo assist with property MaI1390Ment and popc1 image.Tho 'following actiQnsare rel ul reth Chek.ir with ten a nts every -thiy. dV/A Dtive by propertyW check for poibt code violaVo. Evcttônnts in qjo of the I&ase or DAY addendum.12 W,o all utility fees,th xes ,penaIli. and biharfinancial clelriisaynienis duo the CIt. ih fo llow ingPct [Ofts are oitiorT unless required by the City, [I] i 2) Provide garbage e-atvice, ii) lII seculity system, J Provida rnin1ence erie plan ft i3ppliahces, Name of üvice eompBny; fl ) Qthr If the Type V-6 M'nih Renii License It approved by 9e City Cowt11, the licensee must onmply with th pprovd MiUgtkn Plan ard PRapr3licable City CQdrjs. A writo rcprtiiut thrnted by the 1O day oTch month With Eiji update oractfons lying thtn by the OwnerardIar agemto comply With this Mitiation Flan, A cony of the Monthly Mate can be found wPap 76 A flhla:ble form can ba found on the CI webite 8 t wciyofbrookJynntaror or call76) 56330 to have an &lcirone e py sento you via ernil, M133S,e RttaCih adllt[onal lnforrnL]ori if tcoseary. J "ki I V PDV,4#4- at1 EMI ZZhin gdv Crcc.kc ky, rk)}-MN ,.O-2fO) ii-,z 3i' 9 TTY 11 1 F y BUILDING2W______ BUILDING t MTUNCOITY TANIJARDs CEXCI t Rental Liceno Mltigat[om Plan Type IV Lice) verify that all ncmiaUcri provided i rue and acrte.. I undertrid that If F do nOt comply with iheappved I;'1iqaU Pln comply wilh all Items within the iI'n.& period, or operate beyancf tho license aY.piraion dale, eWiiernerit actions such as cions OmI c.riiplaint Or 'icense reviewmay result, LOfn;i M F'E4ti, Pry1ir Gwiwr ri-4'r arid T1I (Paasa Prr) AL 4'21e Addit(TTrAJJ Nioio ai?J Ti(k P*i) or 4i JnrfWii Oats Cfty S taf Or]y prr 4/ &i C rimK1IJy ridr P. 4-i4-5 C V4f Ce 'I Ei3U1 hIflL18 CrP i3rkM, Cei1; r1N 1J-21 Picn: 'r) Ei-iit J TTY 11 Fx f73j E&-3ij City Council Agenda Item No. lOa #4 [EI1BI(iJ I U I Mk'1 Uh'A $ k'4 [I) 1I IlBJh'A I DATE: April 25, 2016 TO:Curt Boganey, City Manager^"4u&tkFROM:Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5131 Howe La 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 5131 Howe La. 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 August 10, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on zero (0) 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 50 percent of the 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. Current rental license approval activities: .4'ii.c-sion: Ensuring au attractive, clean, saft, inclusive community that cu/sauces the quality of lift for all people and preserves the public trust 1I1616 10 11 M4 Ih I Ik'A (I) t1IhI flIJA I 10-23-2015 The owner, Rafik Moore/RTO Investments, LLC, applied for renewal of the rental dwelling license for 5131 Howe La, a single family dwelling. 11-02-2015 An initial rental license inspection was conducted. Zero property code violations were cited, see attached rental criteria. 11-30-2015 The previous Type IV Rental License expired. 12-09-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-09-2015 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. 01-06-2016 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. 02-01-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 04-11-2016 A Mitigation Plan was submitted. 04-14-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Prior Type IV Rental License approval activities: 02-02-2015 The Owner, Rafik Moore/RTO Investments LLC, applied for renewal of the rental dwelling license for 5131 Howe Lane, a single family dwelling. 04-07-2015 An initial rental license inspection was conducted. 18 property code violations were cited, see attached rental criteria. 05-07-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-22-2015 A third rental inspection was conducted and passed. The $100 reinspection fee was paid. 05-31-2015 The previous rental license expired. 06-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-04-2015 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. 06-23-2015 A Mitigation Plan was submitted, but not complete. More information was requested of the owner. 07-22-2015 A $300 Administrative Citation was issued for renting without a license. 07-30-2015 The Mitigation Plan was finalized. 08-03-2015 A letter was sent to the owner notifying that the hearing before the Council will be held August 10, 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 Mission: Ensuring an attractive, clean, safe, inclusive conununhty that enhances the quality of lJè for all people and preserves the public trust [Ei1IJIIJ I U MA L'A I DI (I}iUSA'I 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 pian 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. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 !iJission: Ens:triiig an attractive, clean, safe', inclusive comnwuhty that enhances the quality oJ'lzJe' for all people andpreseres the public trust [iiI1IJIIJ I fl U N 3k"A UhYA I 1k'A 0) 1I IIIJk'A I 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. Property Code and Nuisance Violations Criteria !Jjss!o,i: Ensziriiig an attractive clean, safe, inclusive conununity that enhances (lie qiuzlitj' of lte for all people and preserves the public trust 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 5 or more units Greater than 0.35 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Decrease 1 Category Decrease 2 Categories but not more than I but not more than 0.50 [i[O1IJ[SJ I U U I 3W4 U I W4 0) t1WI )1SJ I 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 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). Budget Issues: 1'Iission Ensuring au attractive, clean, saf, inclusive community that enhances the quality of life for all people and preserves the public trust I1IJ[1 I U I I IhYA U I D1k'4 (0] t1I $1SA'1 There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5131 Howe La Mission: Ensuring an attractive, clean, sq/i', inclusive conununity that enhances the quality of l ,fi' for all people and preserves the public (just Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5131 HOWE LA WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5131 Howe La, was issued a Type IV Rental License on August 10, 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 5131 Howe La, Brooklyn Center failed to attend 50 percent of the 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 5131 Howe La, Brooklyn Center, MN. [25,2016 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. XIE3 XflThLDING AND COMM SUNITY STANDA tycf RnthI Uconse Mitlgathn Plan Type IV License Ha n divr;tten Mitigation plans will not be accopf ed A fllabIe form carp be found on the Clts website atw iLyfbroktyncenterorg or call (763) 3330 to have 411 electronlo copy sentth OU Via eniIL I Based on prppor4r conditions andfor validated police nuisance inoident property qu.IifTee fore Type IV-6 Month. .Rertl License. Prior to applic Council a fly cornpleed Mitigation Plii must be completed end apprc Mitigation Plan must be conipted immoditly in order to ensure time] application process. The MUignion Plan should Indicate the steps bein violafions and the measures that will he taken to ensure ongoing cemp and applicable codes, A Mligalon Plan allows the owner and the City identify possible olulon to Improve overall condilions, of the property. submitted, and all items are not completed within tha pending licnae p operates beyond the license expiration date, enforcement actions such or licerue review may result. the above referenced :ion pprovaI by the City d by City staff, A npletton of the license taken to correct identified nco with City Ordinaries review conoems and f the Mitigation Plan Is not lod1 or the above property scitation formal complaint, 234, and S. Lhr T/iti FJThI, Ru. 44 4-16 Before su b m itting, fill-out Sections. A1 B and C located on Page VS Type W ni-1Id xtd ixtilxuty 5ttd pa1nrtt . tiL &U1rin aai &,,Ingle CreeX Prky, Brcqlilyn Cntw MN .643)-21 PIn (76r3 TrY; fli I Fc (7)6iU BUILDING AND :coivzM1JNny STANDARThZCityt 5131 H.ieLri - BROOKLYN Brooklyn Cortar Rai LI LIcens Mitigation Prar, - - CNER - - Type IV License Phase I L 1) Use a written case agreement, The lease agreement shalt Irpolude the Crime Free Housing Lee Mdonduni, A copy of the base agreernen and Cthiie Free Kousin. Lae Mdenthrn must be attached to the Mitigation Plan when submitted. 2) Agree to pursue the termintfon or lease agrooment or Cvictin of tenants who violate the terms or the lease or any addendums. I J 3) Conduct criminal bckround check for all new prospective tnanls If It Is a current tanant a new background check Is not required. Must be ablp to provide documentalionto City if reuostod. j 4) Mlend a city approved eight-hour Crime Fra Houstng tn3inig course. Information for approved coutsea ci be found at wwvrrincpa,ret under the Training and Everts tab.A copy of the Crime Free blousIng Crflficete must he ettached to the Mitigt]on Plan when submitted. I Crime Free Housing1[81019,was cor4pteted on/is schedule d fan J ,- 0/ Owner or agent eUerdedis planning to attend training at ci y of; ) Submit Monthly Update by the 10th day of eath month. Phase H 1) Complete a Security Assessment and implement .lmprovemets (equested by the Brooklyn Center Police Department To schedule an initial orç follow'up Se curity Assessment, call (63) 69.344, A follow-up assessment must be completed before the license expiration date to verify thesecurityirnrovernents have been mplomented If 8, Security Assessment has been previously completed, write the completion date SecunAsmenlwas completed onfls scheduled for /[ Security Assessment follow-up was completed ons schodted for fcj rt Continue Sections A, Phase III on pane Page2 Type W Rer'l/ eiva Mn&jn Par, R. 41-5 MY Of BrOO 111 YA Crner—t aml Comtntnfly Standards Deu -tztwt WYW yroc rriter ore 6201 &iIrIe CFK Prkiiy, Bcon Cr, P1I i,540-219 1 Piør: 63) 553-2530 11 11Y: 711 1 F: (ThB) - 2b BUILDING AND CO ObhYN flllocaLar - I3*1, Line Mitigation Plan Type IV 1-ins Phase 111 LVJ 1) Owner or ant •tend . minimum &% 2) of th3 AR,meetings must be completed within the rental license Ipending Type IV License explratrin date. R Oitraton is. /must $fgIi-in duthi 9 the mee n.g. W'1te two meeting dates z / tter Oweror agent wift attend ARM, metings sceuld am 2) Have no rapeat code v1iors previously dacurnQnted with Thr; k11whig r-tions are required for proptartios with four (4) or rn 1) Conduct reient training annually that includes crime fl 2) Conduct rcuIar resident meetings, mofins, The ARM, iod and before the ot required, however you owrer or ant pkri to w1s rdi1112!i5 G pt year. 'j jjflj iOri tC1] niqus. Rigo 'MO Type W.F1 Rev, $44-5 C1± OIB ldyrL Ce r tfldth9 and C rnuifty StaDp -tmut v?broylirc Oi &*91L, Crk Pcy, Hryn Cnc'r, 31i1 56 430T2194 j Rime: (Ea) 5I3430 i'TY711 1 Rix; 71)046O flJJØ 7J CC)MMUNITY STANDARDIXEROKIrYN Cntr MN 5542 Rent& L1cer Mitigattofi Pn ENTER Type TV License Bed or condRian and age estimated replacement dates need to be prv!dd for common capital item. S. Funding ehoutd be risktered accordingly. Items that are broker1 worn, Gr othert?e in violation priDe tD the esUmated replacement date nod to be replaced Solner, AI items must have a date for Estimate Rep Jaceme Data- Dates such as "ursur&, dont krIQWM f or 14when broken" will not be accepted. if you are unsure of when an Rem will nd to be replaced you oan make a prdictiuii based on The age appearance, diton or manacureiindiicy recommandation&. Additional information on Epeced Useful Life cart bp found at' hud.o V. Item Date ListRepIcCd Condition Eted Rep1aemeflt Dite rmpfe wEter Hoa!or My 20W F 4y" 2020 Furnace unsure of In1a1 13 Ap it 2013 013 A41 2023Water Hooter - 201 Ua a APU 2023KithiAppliance5 Laundry App arcs 2O1 ____Apil 20 2 s smoke-Alarms Carbon Moroide Alarms 2or2o1 Jan 2020 Eprr Item s &n&SIding 2013 EJ AP ii 201 013 G A14i] 2023 Windows Roof 2005 G El Ait 2035 Fence -LI 20L Shed rto _________ unknahn F El 2020Garage_________________ Driveway -________ Ap'Fil 2020 Uflkflfl April2021) SIdevia1s Conri11Ofl /,bire.vl1kiri: rcd=G iF Heads RplaemnR P 4,-5 Tg WR'F L€%9s Mtiieiin Rev. ,T-T4-T6 in CoJnthMfly tthud afrãt1tt iLyCiibTtOkIflCBfflarrY 0O1 hiri Ckry, Er,kIyTi Cei1x, P1N 1 Pi T3) 342i TT: 711 1 Fax; C7) E943D BUILDING AND COT1ThrLry STANDARDSATof131HDY'L8n3OKLYN Bnc.IynCritrMN 54 ReFltaI Ln Mitiaton Plan - Type IV License Ston C—Steps So frnpzave t " and Conditions of The items in this section have been proven to assist with property management and property Image, The following actions are required, 1)Check-in with tenants every 304ays. 2)Drive by property to chock far possible code violations. J• 3) Evict tenants In vloI Lion of the lease or any addaridum. RV 4 Remain current.on all utility fees, taxes asessmonts, fines,pen1tIes, end other fInenciI cIim,'paymeritscluo to the City, 5) Other TheibilowIng 2cL1os are optional un toss required by the Cty.E3 1) Provide leim/srow ser%4ae. D 2) Provide gerbae service, ) Itta1I security system. 8) Provide iiain1eiance service plan for ppFIances. Name of service WMpaqY, fl 5) Other; if the Type IV-6 Month Rntel License Is appTovd by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes A wr1ton report must bo submitted by the 10th day of each month with an update ofcten taken by the andfr agent to comply with th is Mitigation Ran. A copy of the Monjbly Upgte car) be found on page 7 A fitla!e farm can be found on the Citys wabsite atwwwctyofbrook1ncenteLorg or call (76) 569-33.3D to have orn ofectronic copysent lo you via erneiL PLease attach add itLonat information If necosary. Pi 'W Type v P&A ) TIVI Pfl, JV. 4-4-15 City of B llyiarid Community Slandayds baithetL 0201 iIn;lq Crcck Prkwy, $rki Cnr, MN 430-21 Phcie: i73) TTY: 711 I Fax: 43 E1JUDING AND C TIBB tyf 5131 Howe L a neOKLYN BraakInCriLerMN 529NTER Al I I) I L i cense Mitigation P la n Type IV L1rena I vertfy that all InforiialIn provided s true and accurat a , I u erand ftapproved rd ItI - PIar, comply with all items wititin the licere period, license expirati o n date, enforcement notionssuoh asctor's 1 formaicoimay re s ult. if I do not Comp ly with th e operate beyond th &nth, or license revi ew i± /Yc; Co Owr Or Age nt Na me gxjcf TWo fPkas P,.'rnJ 9A ---lign9lura D 0-n LE.- Jr( Ad6irrf Owirir A-qdW Name and Te (U A o5p1j'wbjrs, Fea Frnt) city staff on ly .Poico Oepa#mn 1JT * r an Cdnmw1y$(ld$ DOP la m o o r - ^ ^/// ^47^" Ok/ PAVI VS TYPO W re Pin A 4-14-15 City .fxpuIclr C an i1mnt 5hi1Cr I 11 1T(:711 1 City Coundi Agenda Item No, lOa #5 [S[I1IJ1 I fl I MhYA U I ak'4 0] UI i1BJ I DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^" -Kyw^ SUBJECT: Type IV 6-Month Provisional Rental License for 6753 Humboldt 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 6753 Humboldt 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 October 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 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. 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 on altraclii'e, clean, sa01 inclusive community that enhances the quality qfltli for all people and preserves the public host [i]IJ[iJ I U N I M'A I I h'A 0) tUI )1IJ'A1 Current rental license approval activities: 03-31-2015 The previous Type IV Rental License expired. 07-09-2015 The owner, Moeen Masood, applied for renewal of the rental dwelling license for 6753 Humboldt Ave N, a single family dwelling. 09-11-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 10-16-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-03-2015 A third inspection was conducted and passed, but the $100 reinspection fee was not paid. (The siding and driveway violations are deferred through a previous capital improvement plan) 01-28-2016 The $100 reinspection fee was paid. 01-29-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-29-2016 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. 02-18-2016 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. 03-24-2016 A Mitigation Plan was submitted. 04-01-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Prior Type IV Rental License approval activities: 11-12-2014 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6753 Humboldt Ave N, a single family dwelling. 12-30-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 01-30-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-06-2015 A $300 Administrative Citation was issued for renting without a license. 02-18-2015 A third inspection was conducted and passed. 03-02-2015 The $100 reinspection fee was paid. 03-17-2015 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. 03-31-2015 The previous Type IV Rental License expired. Mission: Ensuring an attractive, clean, saft, inclusive cofnlnuuhty that enhances the quality of lift for all people and preserves the public trust :iiisirsi i u i a [ii eii iiu I 04-09-2015 A $600 Administrative Citation was issued for renting without a license. 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. 05-22-2015 A $1200 Administrative Citation was issued for renting without a license. 05-22-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $2000 Administrative Citation was issued for renting without a license. 06-18-2015 A $250 Administrative Citation was issued for not meeting mitigation plan requirements. 06-25-2015 A $2000 Administrative Citation was issued for renting without a license. 06-25-2015 A $250 Administration Citation was issued for not submitting a mitigation plan. 07-21-2015 Sent mitigation plan information to owner in order to complete and return. 07-22-2015 A $2000 Administrative Citation was issued for renting without a license. Citation later dismissed. 07-21-2015 Sent mitigation plan information to complete and return. 08-05-2015 A $500 Administrative Citation was issued for not submitting a mitigation plan. Citation later dismissed. 08-15-2015 Staff met with the owner regarding requirements for mitigation plan and the ongoing enforcement such as administrative citations. 08-24-2015 A $1000 Administrative Citation was issued for not submitting a mitigation plan. Citation later dismissed. 08-24-2015 A $2000 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-27-2015 Staff met with owner to discuss mitigation plan requirements. Based on the meeting with the owner and additional information, some citations were dismissed. 09-09-2015 The mitigation plan information was sent to the owner in order to complete and return. 09-11-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. 10-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 12, 2015. Prior Type IV Rental License approval activities: 12-06-2013 The Owner, Moeen Masood, applied for renewal of the rental dwelling license for 6753 Humboldt Ave N, a single family dwelling. 12-31-2013 An initial rental inspection was conducted. 11 property code violations were cited, see attached rental criteria. 02-26-2014 A second rental inspection was conducted and failed. Weather deferral was granted for exterior painting. 03-31-2014 The previous rental license expired. (Property was vacant until 10-01-2014.) 05-21-2014 A weather deferral inspection was completed and passed. 06-03-2014 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 1'I!ssio;z: Ensuring an aflructh'e, clean, safe, inclusive conununhty that enhances the quality of life for all people and preserves the public has! iEI1II[iJ i VI MA I I MLA (I) t1I P1IJ I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-27-2014 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. 09-30-2014 The rental license expired. 11-10-2014 A Mitigation Plan was submitted. 11-19-2014 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. 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 Mission: Ensuring an attractive, clean, safi?, inclusive con,inuniv that cub aiices the qiuditj' oJlsft' /?r all people and preserves (lie public (rust 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. 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. Mission: Ensuring an attractive, clean, sell', inclusive coininunily that enhances the quality ()J 1Ul' for all people and preserves the public trust 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 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 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). 4'Iission: Ensuring an attractive, clean, safi?, inclusive community that enhances the quality o./lift for all people and preserves the public trust II1SJ[* I • I Mh'A I'A I DI'A ci] 1I WJ I 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 6753 Humboldt Ave N !frtission: B,iisiring an atiractii'e clean, safe, inclusive conzinuiziv that enhances the quality of'1sft 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 6753 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6753 Humboldt Ave N, was issued a Type IV Rental License on October 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 6753 Humboldt 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 a TYPE IV Rental License is hereby approved for the property at 6753 Humboldt Ave N, Brooklyn Center, MN. April 25, 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. BUILDING AND COMMUNiTY STANDARDS •J City of BROOKLYN Rental License MitEgation Pkrn Type IV Llicanse HwiWex tin Plans wilt not be accepterL A fil1abe form can be found on the Gitys website at vicityofbrooklyncenterorg o r call 73) 5693330 to have an electronic copy seat to you visa email. Property Address: 6?& IuibcJ M'e N (I1O&C4L_Ovner's Namc(s: ic.n 11o1 Owner's Address: 3613 Cre Downs Path Loal Agent(s): Agane Address: Owner's Phone; j651)201-3 Agent's Phone- Owner's Email: ents Email; Ctm'enl. Expiration Date;iI15 Penthn Expiraffon Date: eiis (S1rniith i uirr Based on property conditionsand/or validated plc nuisance Incidents, the above referenced property qualifies for a Type li-6 Month Rental License. Prior to appkahon approval by the City CotincI a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure titney compretion of the license application process. The Mitigation PI-an should indicate the stepa beiri taken to correct identifled violations and the nicasurea that will be Wen to ensure ongoing compance 'Mth City Ordinances and appIlable codes. A Mitigaliori Plan alloms the owner and the City to review concerns and Identity possibe solutions to improve overall conditions of the property If the Mitigation Plan is not submitted, and all items are not completed within the pending license pedod, or the above property operates beyond the licanse epiratlon date, enforcement actions such as citation, formal complaint or license review may result, Before submitUn, fill-out SeoUons A, B. and C located on pages 2, 3 4, and 5. Ag PMiri, Ro v, 4$4- Ofty of rook1yn Center BUktktT and Co mmunity St andards pale-ht IO1 ShinI Or&c Pr'€iy BrtkIi Crii. I1 43c-2lJO I Phone: (Th 11Y:711 Fax: (763) 565-26O BUILDING AND coMwaT1r STANDARD S Jt Cityof BROOKLYN 6753 Humbold t N Rental License Mitigation Plan Typo tv Lice rise tIi A—Crime Free Ho.&rig Program Requirements jj 1) Use a written lease agreement. The lease ag reami2nt shall include the Crime Free F1using Lease Addendum. A copy of the lease agreement and Crime Free Hou s ing Lease Addendum mu s t be attached to the Mitigation Plan when submittod,. Lj^j 2) Agrco to pursue the termhiticn or lease agreement or eviction of tenants who violate the terms of the lease or any addendums ]3) Con duct c r iminal back g round check for all new prospecve tenants. If it is .a current tenant a new background check is not required. Must be able to provide docurnenaflori to Ci ty if requested. 4) Attend a City approved ei1ithour C rime Free Housing training course. information for approved courses can be found at w'wmncpa, not under the TrThThg and ver!s tab A copy of the Crime Free Housing Certificate must he attached to the Mitigation Plan when submitted. Crime Free Hou s ing training was completed onfis sc heduled for; BJ1it11 Owner or agent attendedfis planning to attar training at city off,, ) Submit Monthly Update by the ici'' day of each month. Phase II 1) Complete a $ecu Ci ty Asses s ment and impernentimprovements requested by the Bro okl yn Center relive Department To scliedulean initial arfollow-up Security Assessment, osIl (76) 560-3344, A follow-up seasment must be completed before the license exp i ration date to vertfy the securit improvements have boon implemented if Security Assessment has b ee n previously completed, write the aernpletion da te . Security Assessment was completed on/is scheduled for 1 Security Ass essment fallow-up was cotipleted orift soheduled for; 412V1 1 Contu e. Seollons A, Ph a se Ill on page 3 .r Type N J?&ir.eJ Lker 4:iiitvr Row, 4444 City of B rook l yn Ce —fldIng and Community Slanda y da, neparLtei A'"63 0 1 hirjo crk. Peciy, Bro o k i p Ceir, AIN 04,1 0-21!:* 1 F9cro: (3) I TT. 711 1 Fax. 7e]) 230 BUILDING AND COMMUNITY STAN))2LIWSiJ7 Cty{ i#W J3ROOKLYN 67& Hum, bc1 Ave IL CENTER Rental LflS? Mititon Fn Type IV Uceno Sections AGrirno Free Housing Pro,rarn Requirements cnUntied) Ph ase UI jj 1) Owner or -agent will attend at minimum 50 11r, 2) of the ARM, meetings. The A.R.M. irriectings mustba comi1etd wth1n the rental license poflod and be1or timl pending Typo IVUrs€ epirtiori date. Registration is riot requissd, however you must sign-in durinithe rneer. Wrfte wo meeting dates an owner or 2gent pIr to Owner or eenl wiIF attend ARM. meetings scheduled 2) Havo no mpeal code violatiorts previously documented with the past yr The following action are rqii1rd for propertlet with four (4) or more units. 1) Conduct re&dent training annuIly that incLudes crime prevention tehniques J 2) Conduc4reguIr re&'Jenl meetinas. Tp 11/ Rii Lk9 rwari P)rI, City of Bro4ki"Cenfer—MILity eid Coitiretutdiy St nthird i1urnt wwyoILUHyiflkr.bI 8O 1 hirtc Crrk Prk'y BaoIri Ceiir, cN 5513-21 99 I Fhr%: (29) -O I TTY -171T.I Few: 476) 553O BUILDTNOAND COMMUNITYSTANDARDS Citur )MBpo 675 HurriboIdAu N -ntt Liceno Mitigation PlanCENTER Type W License Sectlons B—Long Terni Capital Improvonjont F1ar Based an condition nd age, estimated replacement dates need to be provided for common capita' items, Funding should be considered acrdrly. lem that arO broken, worn or otherwise in vo181ion prior to the estimated ropFacorno.nt date need to bo replaced. sooner. All itoms must have data for Esim&i Repint .Dae. Dates such as unsur&, 0&t know" or "when hrOomll not be accepted. if you are unsure of when an item will need to be replaced, you can make prediction based on the age, appearance, condition, ot tnariufac-tureiindustry recommendations. Additional information on Expected Useful Life can be found at wwhuLgov. Ithrn Date Last 1cpJacod &'xampJe Waer Hca!e.r may 2010 Fornate 201 Wa1ar Heater 201 Kitchen APpliancaa Laundry AppI iancos Smoke Ala rrnsf Carbon Monoxide Alarnis Cond I flonh Expected Replacement Date May 2020 N 2022 G 2023 2025 2022 N 2025 Ecterior Items FairitiS ding Windows Roof Fence Shed Carage DF1VCVI'y Sidewalks Other: 2014 2000 200a2030 NA NIA 20145 AEUcIaLn N 2024 F 201 NA NA 2,025 oci1ion $50iaIiori aC OrJ djtiOn AbbrevIstfrns Nw=N Gdci=G FairF lis eplocümirit=R Typt v F9, Ri. 4-14-15 Ofty ! rixk1yn C tr—Thxi1diri ind Cmmity indard t)e11nteitt 001 Shingle Creth: 'y. Blyi CrIi, MN 1,-2159 I PhcLle: 71) Milma I TTY: 711 I Fi: 703 93)) IflflWING AND COMMUNITY STANDARDS City of 67,5 Hurftoldt Ave N CENTER Rental License Mitigation Plain Type IV License SactJon C—Sfops to Improve lAanagemont and Condi6ons of Property The iterrit i fti this section have been proven to assist with property maine,,gementard property image. The following actions ara rqfflred j. 1) Chek-[nwith tenants every 30days. E1 2) Drive by property to theck for possible de violations. ) Evict tonants in vIoitIon of the or any eddndirrns Z 4 Remain currant on all u9ty (ee, taxes, essessrnents fines penalties, and other finaricc1lmsIpayrnents due to the City. Lii Other: The fofowing actions are optional unless rqulrad by the C. 1) Provide Iwifsriow servioe j2) Provide athae servloe 3) kate]l security syatarri,E] 4) Provide rnantenance aere plan for appliances, Name o ervce company; LII 6) If the Type V-1 Month Rental, License is approved by the City Couril, 1l1e Iienee must comply with the approved MRiaUoii Par end cii cppIicbie City Codes. A written report must b ubni!tted by tho. 10 day of each month with an update of actions balnç taken by the own et and?or agent to complywith this Mitigation Plan A copy of the Monthly Update can be found on page 7. A flilable form can be found on the Citya website at w.cityabraoklynoente'.org at calf 7•3) 9-3330 to have an electronic copy sent to you via ornaiL Please attach additional Tnformation 11 necessary. Page M Type JV J 1 uiiJ M7C Pin, Rv 4-14-5 City .f 1ri C uilc1igand Crnrnuiri1ly itidad Dinn1 wftfocn1e:r ii1 hinjk Cri>k. Prrc.y, rzioctn Cnr, 1N 4aU-2lQr PJir: (76) 563-533D I TTY. TEl [ Fr-y: -30 XIBROCOHLYN BIUDING AND COMMttNfl!t STANDARDS CENTER [ Rurital Liconso rohigation ri& Type W Lloena 1gr an/r1y I ver1y thal all ntcrmaiwi provided is rt arid accurate, I undersand fiat If do nol cumply "kUl (h approvad Mitigation Plan, tmpEy with all itern wiiiln the ficeoso piod, or opffle beyond licem-se epkatiün dole, erituxernentacilons wuh as ttlor, Format eompIth, or ewmay rtiJt. !i' ML O'yt•WANr td TWJ Owner OrAgepj ftytatilri? DME? AddR.b0f A! jTd ???& If ppJJ11 PTh. F() MdYir Qrf ((iAb?) CIry S.&ff Oajt t'pidrnEi1f ;d C iuiwthy Dparflor3f - SNiI Pcw. B rkyrb tnk,r1 Mr 42iO iJi 1 73k 6 •"3 I TTY: 711 Rix (7) City Council Agenda Item No. lOa #6 [i[I]JJ[IJ I fl I V ak"A U I [I) 1I alIIh'A I DATE: April 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^9^jm SUBJECT: Type IV 6-Month Provisional Rental License for 6765 Humboldt 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 6765 Humboldt 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 October 12, 2015, on condition of adherence to the Mitigation Plan and City Ordinances, The property would qualify for a Type III Rental License based on six (6) 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. 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. A1zs,on: Ensuring an attractive, clean, saJ?, inclusive con sinuuity that en/lances the quality of lEfe for fill people and preserves the public trust [1i1SJIJ I fl I I 3k'A U'A I IA (SI 1iP1JILVA I Current rental license approval activities: 07-09-2015 The owner, Moeen Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 08-31-2015 The previous Type IV Rental License expired. 09-11-2015 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 10-16-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-03-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-18-2015 A fourth inspection Was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 01-19-2016 The $300 reinspection fee was paid. 01-28-2016 A fifth inspection was conducted and passed. (The siding and driveway violations are deferred through a previous capital improvement plan) 01-29-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-29-2016 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. 02-18-2016 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. 03-24-2016 A Mitigation Plan was submitted. 04-01-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Prior Type IV Rental License approval activities: 11-10-2014 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 12-30-2014 An initial rental license inspection was conducted. 8 property code violations were cited, see attached rental criteria. 01-30-2026 A second inspection was conducted and failed. A$100 reinspection fee was charged to the property. 02-18-2015 A third inspection was conducted and passed. 02-28-2015 The previous rental license expired. 03-02-2015 The $100 reinspection fee 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 iJLcsioii: Ensuring an attractive, clean, safe, inc1uive cominhin:I.p that enhances the quality of lift' for all people and preserves the public (rust iEI1Si[SJ I fl I I k'A Uh'A I k'4 [I] 1hI IlSJh'A I 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. 05-22-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $600 Administrative Citation was issued for renting without a license. 07-21-2015 Sent mitigation plan information to complete and return. 07-22-2015 A $500 Administrative Citation was issued for not submitting a mitigation plan. Citation later dismissed. 07-22-2015 A $1200 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-04-2015 A $250 Administrative Citation was issued for not meeting mitigation plan requirements. 08-15-2015 Staff met with the owner regarding requirements for mitigation plan and the ongoing enforcement such as administrative citations. 08-24-2015 A $1000 Administrative Citation was issued for not submitting a plan. Citation later dismissed. 08-24-2015 A $2000 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-27-2015 Staff met with owner to discuss mitigation plan requirements. Based on the meeting with the owner and additional information, some citations were dismissed, 08-31-2015 The previous Type IV Rental License expired. 09-09-2015 The mitigation plan information was sent to the owner in order to complete and return. 09-11-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. 10-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 12, 2015. Previous Type IV Rental License approval activities: 07-22-2014 The Owner, Moeen Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 07-30-2014 An initial rental inspection was conducted. 16 property code violations were cited, see attached rental criteria. 08-31-2014 The previous rental license expired. 09-03-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-14-2014 A citation was issued for $300 for operating without a rental license. 10-15-2014 A third inspection was conducted and failed. All repairs were completed however broken glass pieces were not picked up and remain a safety hazard. No reinspection fee was charged. 11-05-2014 A fourth inspection was conducted and passed. All glass pieces were removed. mission: Enssiriig an attractive, clean, sq ie, inclusive community that enhances the quality oil/fe for all people (m(lpreserves the public (rust [EI]iJh(SJIfl 11-10-2014 The $100 reinspection fee was paid. 11-10-2014 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. 11-10-2014 A Mitigation Plan was submitted. 11-19-2014 The Mitigation Plan was finalized. 12-01-2014 A $125 Administrative Citation was issued for failure to meet the Action Plan requirements. 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. 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 Mission: Ensuring an attractive, clean, sate, inclusive community that enhances the qualify (lJItye for all people an(lJreSerPeS the public trust I1SJ[iJ I fl D4 L!'4 I M"A (I) 1I PISJIYAI 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 thanthe 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, and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, !'Jissioi,: Ensuring an attractive, clean, S!e, inclusive cornuwuity 1/1(11 enhances the quality oJljfe for iii! people and preserves the public trust JOJ I fl I I ak"4 Uh'A I Dk"4 Ci] 1hI i 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 1-3 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 but not more than 8 but not more than 3 1-2 units Greater than 4 3+ units Greater than 1. 1-2 units Greater than 8 3+ units Greater than 3 Type III - 1 Year Type IV —6 Months 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). Mission: Ensnriizg an atracth'e, clean, stift, inclusive comnwnity that enhances (lie quality oflift fin al/people and preserves the public trust II1IJ[iI I U I I Mk' L' I ak'A (I] 1I Wik I 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 6765 Humboldt Ave N Mission, Ensuring an attractive, clean, safe, inclusive conununhty that enhances the quality of hfC - 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 6765 HUMBOLDT AVE N• WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6765 Humboldt Ave N, was issued a Type IV Rental License on October 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 6765 Humboldt 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 a TYPE IV Rental License is hereby approved for the property at 6765 Humboldt Ave N, Brooklyn Center, MINT. April 25, 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. BUILDING AND COMMUNITY STANDARDS j7 City of BROOKLYN Rental License Mftigation Plan CENTER Type IV L1ise ndwr1ttez hTfUgatlon PM w;1 e cepted A f•IIabIe form can be found on the Ctys wobto at ww,citoThtooklynoerterror, or wil (76) 5933O to have an elec-tronc copy sent to You via email, Property Address: f,7Wfiumbcfdi Ave N xv\, Owners Name(s): MoiMaEd Owner's Address; 36t3 Cl2re Dclilns PL Owner1 s Pho 51 2314650 Owner's Email: nrnyahoocc'ni Current Expiration Date: Loci Aerit(): Agont's Address: Agent's Phone: Agen*fs Email: Pending Expiration Date: 22841 tSk rit' 1ron uiit tUr) Based on property conditions and/or validated poico nuis -once inci4ents, the above refereiced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the Citj Council a fully completed Miiigion Plan rnt be oompieted and approved by City staff. A MitigaIlo ry Ran rutbe mpete inunedtately in order to ensure turnaly completion of the Iicnse application proce5 The Miation Plan should Indicate the steps being takeci to •oirect Identified violations and the measures that will be taken to ensure ongolng compliance- with City Ordinances and applicable cades. A Mitigation Plail allows the owner and the City to review concerns and identify possible solutions to Improve overall conditions of the property. If the Mitigation Ran is not ubmltted, arid all itern are not cornpteted within the pending licons poiid or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submittinli fill-out Sectlots A and C located on pages 2,3 4 and 5. P.TCI 1 Ty L AlJV191 L'-' M 9a kix1ri Pr,, 4-1 4-15 City DfrDk1yI Ccnt r*B4td.i1 4 rnuny t dit epartme1'i ilycfl1yncriIrr.cc9 OO1 5Ir1ileC1k P.rkwiy, flrrxikl1,1 Cn1r,MN 42I9 I Phn (03) 3-30 1 rTY: 711 Fa 7B3) 5E-3380 _e-1iflDLNG AND COMMUNITY STANDARDS JW Citi BRO 4?S HurnbId Ave-N ]L CENTER Rental Uconse Mitigation Plan Type IV Licen Sections A—Crime Free Housing Program flcqtifromozitsPhase I f73 i ija a areeierU The tease reemer1I shall include the Crime Free Housing Lease Addendum. A copy of the lease F mont and Crime Free,Hotisit Lease Addendum must be attached to the Mitigation Plan when eubniltted. 2) Agree to pursue the termination or lease agreement or eviction of tenants who viot the terms of the lea-so or any nddendum. J 3) Conduct crimmal background check for all new prospective tona tits, It it is a current tenant a new backroimd chock Is not required. Mui be able to provide dc.flt5tk1fl to City If queted ILl 4) Attend a City approved eight hour Crime Free I lousing lranln our'e InIoantion for approved ooures can be found etwwwmnpaMett rider the Trafntqq aid .verttstab. A copy of the Crime Free Housing Certificate must be attached to the Fit1tigatlon plan when submitter.L Crime Free Housing &ainiri was completed onus scheduled for.. Owner or agent attendeds Plarining to attend trainlnd at city 'f; 5) Submit Monthly Update by the 10 th day of each month. Phe U 7j 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Dopailinont To schedole an initial or fellow-up Security Assessment call (7-3) 6150$344. A follow-tip assessment must be completed before the license expiration data to verify the security improvements have been implemented. If a SecuiityAssessment has been previously completed, write the completion data. Security Assessment was completed on/is scheduled for: 1 Seourity AsSeatmeht fellcw-up W88 Completed en/is scheduled for: 4/1 Continue Sections A, Phase IV on page 3. Pwp 21 - Typt. Lr jritic'!1 Fji 44 4-1 I ]BIro buyli Ie idinanti C iiit S1d.rd Dpixjmint f.3U1 hirOl Crack Prky, ereoN C&iter, MN 55430-21 I FhOn 73) I TUY: ?1 Fx (7J 56 9-11M. _BUILDING AND4 COMMUNM STANDARDS City of BROOKLYN ) hUI.. Rental License Mtgation PlanCENTERTypoiVL[ceiie Sections A—Crinja Free Housing Program Rq$rernents (continued) Phase iii 1) Owner oraent w] attend at infriinium 50% 2) of the ARM meetings. The ARM, niontings must bfa completed within the rental 1kcno porod and before the pendIng Type P/ License epkation date, Registration is. not requiret, however you nutsign-ln during the meeting. Write twomeetingdtesan owner or agent plan to attend Yl Owner or agent v/111 attend A.R.M. rrieetings scheduled tn and yj 2) Have, no repeat code violations previously documented with the p.1 year. The fottowinti actions are reu1red for properties with four (4) or moro un1ts 1) Corduct resident training annually that includes ciirm preveii1Ici techniques. J 2) CntucL reuIar resident netir Page N6 Type Mitici Fi, A!v, 4T4$5 City if Bmk1yn and CoumuiUty Stztdix Dpmimt 6301 8hin Cra& Parw, erIi Cer1. PAF 5E15D-2.1 Phi (7) .33.3O 1TY: 711 1ax (76) 56-33O Condition* Expected Ra%face rnowt Date F 114Y 2020 N 2022 G 2023 G 21)25 G 2022 N - 202 - —BUUiflING AND COMMUNITY STANDARDScftyarROOJLYN fffC3 Humboldt Ave N ] Retital Lleisa Mitigation Plan Type VLicense Sections BLoig Thrm CpitJ ftiipovient Plan ad or coctilion and age, estimated replacement dates need to be provided for common capital Items, Funding should be considered accDrdir4y, tnia that are broken, worn, or otherwise in violation puerto the estinia ted replment date need to be ropaced seorir. All items must have a date for EllmaiadiepJaceme.nt Dote. Dtos sucli "unsure", "don't know' or r4wfl broken" wU net be apted. If you are wi-sure of when an item will neod to be replaced, you can make a prediction based onlhe age, appeaarance condition, ormanufactweflndustry recommendations, Additional information on Expected Useful Life oan be found at wwiuudgov, Item Data Last Re Exrimple: Wo(erUe(er M81y2010 Eunace 2012 Water Heater 2013 thn Applinoes 21l6 Laundry Applianoes 2012 Smolce Alarms! Carbon Monoxide Alarms Exterior lterm TainffSding Windows 20U! Roof 2005200l Fence NA Shed NA Garage 2015 Driveway ci;jticim S 1 d e wa lk Asolior _______ Other: 2024 2019 0 2QD NA NA N 2025 Ascdatlon AsooiBtk'n CoridIdon Ahlweiotkiris Ffew41 GoidG FalrEir Nocids Replem&itI P 4 - Tw& Li9 P,Re v.. of Bruoklyn 1iikUng and mnmttty tattd Depm 31 Shifi1)t Ck Parkwiy, RM 1 345O-2r1)1) I Phr:(763)5Ei33a3D I Ti?; 711 J Fax: 053) 5-3E BIItDZMG AND COMMUNITY STANDARDS )V city-of - - -'BROOKLYN 1u ldtk, N p CENTER f Rental License MitigationPlan Typo IV License Sections 0—S teps to iinprovo Mmagmezitaid Cond?t!ons of Pnpety The items in this eecton have been proven to assist with properly rnanernent and popwty1rne. Tha following actions are required , l) Check-in vih ietarts evety 3O-dy& J2)brive by property to choR for posibre code violations. J3)Evict tenants In violation of the lae or any addendurns. 4)Remain current on alt utility ferns, tee, ase5sments 1 fines, ponaltios, and. other financial claiiris/paynnts due to the City, 5)Other: The foIIowlig atl ens are optional unloas required by the City. j 1) Provide Iawn!snew servicie. 2) Provide garbage servico. jj 3) Ins1ll security system. [J 4) Pr44e maintenance service plan for appliances. Nat-no of service or11pany; ) Other: tithe Type IV-6 Month Rental Lkense is approved, by the City COUffCH,, the licensee must comply with the approved Mitigation Plan and all applicable City Codas. A Written xoport must be ubmltted by the jQth day of øoh m onth with an upthite of actions being taken by the owr aridIor agont to comply wIth this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A ill Iabe form can be found on the Citys web-site ;¼hoI1yofbxooklyncenterorq or call (763) 56-3330 to have an electronic copy sent to you vlaomall, Please attach additional infarmation if necessary. Typ r VRL PJr, R.v. 444- (Uty f 11yt CeMr—Builthrg c4 Cømrnun1y aidard Deprrmri± 3'3O1 SflIr Cree Pftg B<ikIri Ccrr A! 43O2 11)0 I Phciie: (T83 E-320 I M.711 I Fax: f76) 53230 AMWpW I BOOKLN CMTER E i1 Wsf, BUILDING AND COTVX1YTEN1TY STANDARDS Rental LioensG tiiNatIon Pan TypuIVUe-ensa • • •' • I 'vi1y hi 1I 1nlrrnatkn provided Is ime aM accwrate,. I udrtiid 1hpt if I do not comply wiTh the approved Nf itigationPian ! caIp!wiTh oil [trn5 within the nse oropr beyond Uietns prflan date, enforcem-ent actions such as it 1ori r tioense.may muIi H7j HA Qrr priL? ur 0 TWO (He in P,qi OL8rr,gt1ri( &tatff AMWWd OWIerof Aaefif X.3ma end ThIa (khfe, Pe Prfr) - Pce Ope,Imi -q/• F&9 /& ON Pwy, Brmkf L cril MN 0-109 1 Picr: E7)4u iTY;71 Fx{j City Council Agenda Item No. lOa #7 :Eo1sJ[sJ I I U k' L'A I Mk'4 (I) iwi ,ie'i i DAT& April 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk S"k1AA& 4'rudk. SUBJECT: Type IV 6-Month Provisional Rental License for 6013 Zenith 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 6013 Zenith 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 September 14, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on four (4) 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 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. 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. Mvion: Ensuriiig an attract/ve, clean, safe. inclusive connnuni!v that enhances the quality oJIjfe for all people andpreserres the public tins! I1lJ[J IU U N MhY4 S I Ik'A (II t11I IlIJh'kI Current rental license approval activities: 12-01-2015 The owner, Nicholas Foulks, applied for renewal of the rental dwelling license for 6013 Zenith Ave N, a single family dwelling. 01-04-2016 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 02-05-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-24-2016 A third inspection was conducted and passed; corrections complete. 02-28-2016 The previous Type IV Rental License expired. 03-03-2016 The $100 reinspection fee was paid. 03-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-22-2016 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. 04-05-2016 A Mitigation Plan was submitted. 04-11-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Prior Type IV Rental License approval activities: 05-26-2015 The owner, Nicholas Foulks, applied for renewal of the rental dwelling license for 6013 Zenith Ave N, a single family dwelling. 06-22-2015 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 07-24-2015 A second inspection was conducted and passed. 08-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-04-2015 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. 08-13-2015 A Mitigation Plan was submitted. 08-17-2015 The Mitigation Plan was finalized. 08-31-2015 The previous Type IV Rental License expired. 09-08-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 14, 2015, Prior Type IV Rental License approval activities: 09-19-2014 The Owner, Nick & Shelley Foulks, applied for an initial rental dwelling license for 6013 Zenith Ave N, a single family property. 10-09-2014 An initial rental license inspection was conducted. 23 property code violations were cited, see attached rental criteria. 11-12-2014 A second inspection was conducted and passed. !lissioii: Ensuring an attractive, clean, safe, inclusive comnnhintV that enhances the qualityq/lfe for all people and preserves the public trust II1IJ(IJ I I N Dh'A U I M'A (I) t11I I1II'A I 11-19-2014 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. 01-15-2015 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. 02-01-2015 A Mitigation Plan was submitted. 02-05-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately one month. 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 !1!s5io,,: Ensuring 1111 attractive, clean, stile, inclusive ccnhFnuflht,V that enhances the quality of life for al/people and preserves the public hits! •1II[iJ I• I I Qk'4 1 I Ik"4 [I) F lll I 1111h!A I 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. 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, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of PJC for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 Grdãter 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 theater 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). iI,ssioi: Ensuring an attractive, clean, safe, inclusive community that en/maces the quality of 1sf ' for all people and preserves the public trust Ii1IJ(SJ I fl M I 1W4 U I 3k74 (I) 1I )1IJA1 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 6013 Zenith Ave N Mission: Ensuring an aliracTh'e, clean, safe, inclusive COFnJHUIZIIV that en/lances the quality of l.fr 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 6013 ZENITH AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6013 Zenith Ave N, was issued a Type IV Rental License on September 14, 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 6013 Zenith 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 a TYPE IV Rental License is hereby approved for the property at 6013 Zenith Ave N, Brooklyn Center, MN. April 25, 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. BUITDIN C AND COMW1UN TANAR Cii. if R2nt g A on Plan. Type W Un7 TMMv I-thVTt MWgatfl Iri wii'i n ot b apfed A iI1bie fat b IOU4 oil the GR/ bil 73) 933CIiO have fl erC)l MY 5!flt you Via e m s "I ifJ3 Jc-Iith FJPopi ty iidce3. BiC.ktyn C&1LOr 542 NI n Iiie FI,iJQwnir ownoi Addr N18V&f3:hl Cc'W 72 ryner% Phne 715}M191l Orr Eiill .orfl urraflt xpiOrL Jte; 2)2t6 4o i_ Agnt() i1 O1 UsIcerRLab0r: Anra EniiH: Pr3fr ExpiralliDil t&f( •j4AJ 2U] ic i3aa2d on property oodiirc rdIUr valithded poo nui s an ce Inciden ts, th above ferrcd popeity qLILii& far Type Rcnta art'apPll1 appal by the Cay Cunci[fU ipIiM 11igtian Pla n mu st b mpIted .ard appvd by City tafL A Mi1Jatio4i P ciJn mu st ha mpted irnrneitolY ii order to enUte iim'l cornpti of 1h 1lone pEaartPt Thi at1or Plan thold indicate the bJ akfl to crrep1dentf1td vicitIcms rid th e're thai y4U be; teil to enUra Qr1ng npIkn wil City QdiR -Iqq^ concerns and nd pIical odee A MLiUatk 1 fl Ftafl tha Ii11 pr, ib1e aLiJ1iO1i to prIe cwra dltior of the, pp1Y f the MtlgaiOfl Plan not Ubnhittud1 and all itern era not nip dwhtath? pndina ticO palod. or be praeYe opTtebeyond hitn op9ra 1 th. enfo r c e[ntolior1 sci I I C E--n St reu6 swuYBY B e fo re g ubtwttln fill-outslac l kwt A, B nd C hpatd on p ogtm 2, 3 4, ad'6. LcfMu jw. 4-4- PM Cft'7r r-BikLl'5il1 11 triaL1 1ds D ip-t'01 0 I 1 1T1Th I iJThDNG AND COMMUNITY STANDARDS BROOTU-iYN Eion Orir, MN E5421 ReF1t5 Lk9Th8 MLcn Plan TypLVLIe Seinn A—Cffftle Free UoEtrtg prrnRagthàftUflts 1)Use reomst The 1blse agreemert shall include Crime Free Husin Lz /drdun. A copy Otthe i8 ient and Oelwa Free Housing, Lee" Addontimm nut be dod to. the MftlgatlOil Pbm whan tniFtd 2)Ae te pvru tha t rin or Iaa en'ent or ev co at teirt wh3 vio1ae th e te rm s of the or any addodIjm3 Ei 3 andud cirnInal bagrnirnd c1iürkfr ll new prospcc6ve tenants. If It is a currsn-t na,i bcIyou!id ch'rk is not rquied !iut b aIe t provida durneriaifl to tIt'y If requested. 4 At1enl Cfty apprciited elht our Crime Free I-fousirg irIri.ini c ourse. [nftUofl for - cour t'&fl be kURd t flpfl under the rarEVCfi tb abpy of CrIme Free I-tuTh C ertifirate must bo i*aihad to tho 1tigatkn Plan when 8UbMIMd, Cthii HQusing trairn was cornptet'd bi1i SChedLJt8d for. &dil r1 EJ or agent attwidedtn planning to attend arinIr at Oy of: WUtC PaI 5) Submit Mor1hIy Upd4ta by he day of eah month. Phase 11 1)pkte a SacUrThI As nUri npI&flrt IrnpfOVerfleflt rueted by 1a Bro>k1 Center PcIioa DdpWWen.t, To Echeduld -Ati, Inl rfsII-Up &LIrIty AseSmrLL II 763)69-314 must e cmpath bofo,re the, CBfl 6xp1ntion date tvmif the seriLy [mprovenients have been rnpIrnurtad If a $irity Asaasrner is bean pneviu1y completed, write the cOmpA33r! date. • Seeuni1y Assassmi3tit was COMpleted crii scheduId for J- ury Aasamrt fll,:u wa&.aampie oi shaduIa6 fo I Cantfltu $ecUora At Pha iii on page 3 PT z4 td1'i C r—ZIEtTLq and 60mmunfty SImidams bpni €O1 cling Ic Qrolkr F7O) TrT:3fl J Pin Peor. 4-144S STANDAIWS C1iJ f Z#i'jUlBROOKLYN j0f,,,m!!:iuCerNr,M9554aJ Roblal OcaftzO 4 0 9atki 11 Plan CENTER L ________ ________________ Type W Lic& S.acilon.s A—Cthe Free 1i&ng Pr7 RquircfleIrt (ithuedY Phase ifi E?1 1) Gnner or ent wMVReM;-rt rnkmrn 50% (2 of kho ARA n'tIi. Tbu AR.M rne&±]n cop1ethd within the rntai ensO prd enC bfcr th p.arid]n TypeIV Lloi cxpireiP1 date. iiriiofl i tt rqiJtrd ou rnuet r-it during rnig. WrJ.1' jv rnoIng dat a uwv'iet or en 'kr t t4erid. Owner or agent wilt, rn1in od'.d jiOI2O13_5/12121)16 2 Ioe no repot code itn previously dcurncflted wEth the r4st year. Tho followinVactions, are roqLI red For PrOPertles wLth four 4) or MGM trnR fl I CondiJci rkt trStRing, amnvqDy that Includes rirn& rev w tech riiqke$ U 2) rcg ratdrLt rneeings C,l otBituklyi L1LLUg 'i Crcl Ci(r N $-1R L PhDB Ti1fl wponlau"oa-0 , M ilv roq Fin Rev. 4. -14-11 w çftflWirM iT:711 I • :• I3WflDLN LN GO Wfl tTNTLTT fAiPARDS 'iriLh #' 1 • BROOKLYN CiflEir riN 5'12 flentiL Uoensia M1t1gatifl CENTER Typo IV LcflE seou am —koriy Thyn GampWomrTtPI Based on condiir and a ti ntOd rpI mentdtee nod to h po'ided for ccfl apitI iln Fuidig hDUtd .rIdre codinl Items that ^--rB rkar, WOtLi & OthiLviO It viItb' prior to ih timed rpIaenflt dta nd 1c b replc All itarn must have- a dteTh EAimaf(1JFP onW. 3atsuch drt know or lhdh ert 1ki wH riot b6 4,00 WOd,If yo u are =sUrO of whrfl zin itm will nd to bd rcpaed, YOU c a n a prediatibrl bid on thea ge, appaatrtC1 urdftlOfl b mapuTat1IF&UY ronmdoth - Mdiiol !nrmtfl on Expected IJe1UI Uro can baIC'Ufld at WVhud.)V Dto Last Re pl;tced Cflditk1A EXpOOtd RpIaemt cJatItemFMay 2020 E mpe; WfrT HC,-May 20W 10 2-EFurflcEl Ow waim1eat8r tapptance i5 G Laund ry AflCS ,-----•--, Smoke Al3tm& carbon Mnox& 1rm ¶,___ rc>Tem 2CC15pa1nJdng IEIFlRout_________ 2[OD El 2=2D F&i - Sh ad rvershrd D95 i^E i_-_---- CoMUiri evcifl wN FrirF rpuW rr Ln LLI PMI, Pee. 4-41 CptUiding ta YJ1 MN t21E I 1hii' (7]3I TT:?11 I F: • WINS ANTh COMM STANDARD City Of BROOTCLTN MN niA Uono Mltlgtii Planrj^iCENTER Typv IV Llcene Siithis CSp to Impruve Møiigxnn -td C o ndiflons of Prpfly -rha IW5 i n tN.-i Eecl ion h ve buen proYcrt esitwiU-' property management and iroparty imi. The fiollawinq a06=3 rqure 1)Chec1c-ri With ienantrs every 30-das. 2)Drive by property to k lot pbI X'hIUlatoflS. IVI 3) tenants in violaffon ort1i ny ddandurfl. 4) Reair curertcri all utility loas 1x ssesmnl; L9nes, p'nlles, nc c1her f 1 n a n c I al c In. I n) eTIN d u eto The City, fl The fe1bWiriJ attlo rts . are opUon1 u n ll esa required by th CIty, El I) Prc'tde IawnIsric [] 2) Pr ovide garbageervioe [] ) fflsl&I security srn. 4) Provide .rn ntenxe aarice pn fr appliamoes , tame Of 5ervice company: C4rrphut Plu s ,_ Other: If the T'pe IV- Monlh R e nta l Llcene is i ppro Ved by the City Council the l iwns a e MMICOMPlY with lho appraved M01ton Plan and alt appla1te City C odcm,, A wItin report mast be eibmitted by the 1 e thy of ioath month withan update of actions bolng UkkeTv by The owner andThr agent to comply with this Mi fta tion Pirn. A copy of th Monthly Upd at e can be found on page 7 A -Till-able far ew be round ri The itVs whsite at or cafl (7$3) 5G-9-2330 to have an lbtirir WPYSiOnt to you VO email. Please athh aifditiont 1 neces&sr. PS flit 444-1 Ctty C r—)iUdflt 9 331 5&t CrtPrkw -, Cfyn Cufflur, M 1 Phin: 7ii kii3 I tiY: 711 axYL y-3I] / - BtIThDThG AND COMMUNIT7 STANDARDS BIOOIayN jEoi CF1& MJ I Rrtr Lkrt Mi1I atlon P CENTER Type W Lin Sign and Veify I 'etffy that all iflrOrfl1trOfl P 40 Wdedl fs tiue anr curaa. I understand ffial, if I do riQi cQmplt vMf theapproved 11itbri pl an , cal),pty With all tema Withlnth& licenss perfQd, cirpera1t by'irtd ihelbznse expiratim date,eriorcw,nt 3diuns auth fan, crmal ctIkti ur IóiFse rewewiiy reziilt, f__I I J 1_ 1 L' L Adcih vid Aib, Pi# '*Zfr WfffO4i 246DJ / Vx( d mcwrtry / b T, rv NLMM1L 1 i1 P 444- Ci1y)p C'-MtL-X—B k;j 3djnv ZkOd C OMMMIH iijaidi]C1 f,r<'or; Cn1eriJ T1Y711 City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Lee Gatlin, Fire Chief DATE: April 6, 2016 SUBJECT: Revision of Chapter 5 Recommendation: As a matter of administrative cleanup to sections of Chapter 5, I recommend that the City Council consider approval/adoption of the following changes to Chapter 5 of the City Ordinance for the Brooklyn Center Fire Department. Background: In November of 2008, the council adopted a revised version of Chapter 5, the ordinance for the Fire Department and Fire Prevention. Within this chapter several sections of the ordinance were removed. At that time, Sections 5-100 through 5-110 of Chapter 5 described the administration of personnel for the fire department and these sections within Chapter 5 were (1) in conflict with the fire department's own rules and regulations, (2) are no longer appropriate to have, (3) need to be revised and/or removed. As a result, the recommendations were considered by Council and through the process Chapter 5 was amended. In recently reviewing the ordinance it was found that several sections which contain the administration of personnel still exist and these sections were inadvertently not removed. As this was an oversight on the part of the fire department, it was the intent of the department to remove any and all sections of Chapter 5 that referred to the administration on personnel. Changes we are recommending to Chapter 5 are as follows: 1.Chapter 5, section 5-100 refers to the Brooklyn Center Fire Department as a "volunteer" department. The League of Minnesota Cities defines a "volunteer" as an individual who cannot receive anything but expenses, reasonable benefit or a "nominal fee" for the work they perform. This definition removes BCFD from the being a 'Volunteer" department. 2.Section 5-102 through 107 refers to the qualification of fire personnel. These sections were inadvertently not removed back in 2008 along with other sections that described the administration of personnel. These particular sections along with those that were removed in 2008 are described in the fire department's own policy and are no longer appropriate to have in Chapter 5. 3.Section 5-104 directs appeals to correct hazardous conditions be made within twenty- four hours and directed to the Administrative Hearing Officer rather than City Council. 4.Section 5-108 is not necessary to be in the ordinance as there are State laws that cover these actions. 5.Section 5-202, subsection (a) has been revised to direct appeals of the committee to the Administrative Hearing Officer rather than City Council. 6.Section 5-209, Monitoring, was added to ensure that fire alarm and detection systems are monitored by Underwriters Laboratories. 7.Section 5-212, subsection (a) now requires that fire pits for recreational or cooking fires be 25 feet from buildings, fences, property lines and flammable materials. 8.Section 5-300 referred to the Brooklyn Center volunteer fire department and the word "volunteer" was removed. There are other minor changes as well as a re-formatting and re-numbering of Chapter 5. With the removal of the listed items, the title of Chapter 5 would change from "Fire Department and Fire Prevention to "Fire Prevention." This section of the city ordinance will deal with the fire code and all other items that only pertain to fire prevention. Budget Issues: There are no budget issues to consider. 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 5 of the City Code of Ordinances relating to fire prevention. 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 5 OF THE CITY CODE OF ORDINANCES RELATING TO FIRE PREVENTION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 5-100 through 5-501 of the City Code of Ordinances are hereby repealed. Section 2. Chapter 5 of the City Code of Ordinances is hereby amended by adding new sections to read: CHAPTER 5- FIRE PREVENTION Section 5-100. PURPOSE. It is the purpose of this ordinance to provide for and maintain a fire prevention bureau as authorized by the City Council. Section 5-101. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. a. The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the City of Brooklyn Center, which is hereby established and which shall be operated under the supervision of the chief of the fire department b The fire chief or the fire chiefs designated representative shall be in charge of the bureau of fire prevention Section 5-102. RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any member of the fire department designated by the fire chief as an inspector may, at reasonable hours, enter any building or premises for the puiose of making any inspection which the fire chief deems necessary to be made. Section 5-103. INSPECTOR'S DUTIES. Whenever any such officer or inspector shall find in any building or upon any premises or other place: gI[SI[i] a.Combustible or ex p losive matter or dangerous accumulation of rubbish or unnecessary accumulation of waste paper, boxes, shavings or any highly flammable materials. and so situated as to endanger property. or b.shall find obstructions from any source whatsoever , including materials, articles or merchandise, to or on fire escapes, stairs, corridors, or doors, liable to interfere with the operation of the fire denartment, or egress of occupants, in case of fire. or C. shall find any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life, or d. shall find at any premises a violation of any ordinance of this City or law of the State of Minnesota the continuing violation of which creates a fire hazard. then such officer or inspector shall order the same to be removed or the condition remedied. Section 5-104. DUTY TO CORRECT HAZARDOUS CONDITIONS. Such order shall forthwith be complied with by the owner or occupant of such premises or buildinas, subject to appeal within twenty-four hours to the Administrative Hearing Officer, who shall within 15 days review such order and file its decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within 10 days after said appeal shall have been determined, or if no appeal is taken, then within 10 days after the service of the said order, shall be liable to a penalty as hereinafter provided. Section 5-105. SERVICE OF INSPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises. such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address. Section 5-106. NOTICE OF HAZARDOUS CONDITION POSTED ON BUILDINGS. Whenever any building of a public nature. or which is used for commercial purposes, or for any other purpose other than a private or two-family dwelling, is found to be unsafe for any reason set out in Section 5-103. and the hazard thereof is so imminent as to place human life in immediate jeopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dannerous condition; and it shall be unlawful for any person to remove such notice without his or her written permission. If the owner or person in charge of such building or structure, when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed ORDINANCE NO. within the time specified, it shall be unlawful for any person, firm or corporation to occupy or use said building or structure until it has been rendered safe. Section 5-200. ADOPTION OF FIRE PREVENTION CODE. a.Purpose and Intent of Fire Regulations: It is the purpose and intent of the fire regulations to promote high standards of quality in the construction and maintenance of buildinus, to improve the tax base with well-constructed and well maintained buildings, and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire, to guarantee absolute compliance with all fire reuulations, or to indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. b.Adoption of Codes and Standards: There is adopted and incorporated herein±by reference as an ordinance of the City: 1. International Fire Code Adopted. The International Fire Code as promulgated by the International Code Council incorporated 2006 Edition together with Appendices B, C. D. E. F. G. and Minnesota State Fire Code Rules and Amendments referred to as the 2007 Minnesota State Fire Code, hereby referred to as the IFC. C. Codes on file: The fire chief shall file one (1) copy of the International Fire Code d. Definitions: 1.Whenever the word "jurisdiction" is used in the IFC it shall mean the City of Brooklyn Center. 2.Whenever the term "corporate counsel" is used in the IFC, it shall mean the attorney for the City of Brooklyn Center. 3. Whenever the term "chief' is used in the IFC. it shall mean the chief of the Brooklyn Center fire department or his or her designated representative. e. Amendments to the IFC: 1. If doors in fire corridors. senaration walls, fire doors, or smoke barrier doors are needed to be kept open, they shall be held open by electric magnetic door holders that are controlled and released by the trip of a smoke detector or sprinkler head that covers the entire building. The approval of the fire chief is needed for this modification to a building. ORDINANCE NO. f. Minimum Standards: Whenever the IFC fails to be specific about a device or appliance, it shall have a minimum standard of being UL "Underwriter Laboratory" approved. Section 5-201. MODIFICATIONS. The fire chief shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his or her duly authorized agent. when there are practical difficulties in way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured. and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 5-202. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. No person may, without first making application for (on forms provided from the City) and obtaining a permit, maintain, store, or handle materials or conduct, process, or install equipment when a permit is required by the Minnesota State Fire Code for any such activity. A fee, periodically determined by resolution of the City Council, must be paid for each permit in accordance with the conditions set forth in the Minnesota State Fire Code. All permits may be issued for a period of up to 1 year. but may be renewed if the applicant meets the requirements of the Minnesota State Fire Code. The Office of Fire Marshal may revoke a permit or approval issued if any violation of the Code is found upon inspection, or if there has beenany false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was granted. The City Manager, building official, fire inspector, and the chief of the fire department, and other City officials as designated by the City Manager shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, that shall require permits, in addition to those now enumerated in this Chapter. The fire chief shall post such list in a conspicuous place, upon approval or denial by the committee. and distribute copies thereof to interested persons. a., Anneal: Whenever the committee shall disapprove an application or refuse to arânt the permit applied for, or when it is claimed that the provisions of the International Fire Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the committee to the Administrative Hearing Officer. within thirty (30) days of the date of the decision. b. Permit Fees: The fees for any permit required by this ordinance and for each annual renewal thereof, shall be established by resolution by the City Council of Brooklyn Center. All permits, unless otherwise noted, shall expire one year from the date of issuance. ORDINANCE NO. Section 5-203—FIRE ALARM SYSTEMS AND SMOKE DETECTORS: a.Installation, inspection and maintenance of the fire alarm system or alarm device shall comply with standards in Minnesota State Fire and Building Codes, and manufacturer specifications. b.Whoever shall render a smoke alarm or fire alarm system inoperable byremoving the battery, disconnectina, dismantling, or damaging the smoke alarm or fire i alarm system in any residential rental. commercial or business unit is guilty of a misdemeanor. C. Special provisions for rental properties. Where battery-operated smoke alarms are allowed by code, they shall meet the following conditions: .L Installation. Properly installed and maintained in compliance with Minnesota State Fire and Building Codes, and manufactur sp ec ification s . 2.Maintenance. Maintained in an operable and good condition 3.Testing and Record. Be tested in accordance with manufactur er's recommendations and no less than once a month. The owner and/or owner's agent of a rental property is responsible for keeping records indicating compliance with testing and applicable codes. These records must be made available to the code official upon request. 4.Owner Responsibility. Property owners or their owner's age-nt mnt a dvise tenants to notify the owner/agent about faulty, defective or inoperable smoke alauns 5.Tenant Responsibility. Tenants of each rental unit must give writt en notice to the owner or their agent within 24 hours of finding any non- functional smoke alarm. A copy of the written notice must be providedJ the Citv's rental inspections department. Failure to notify an owner, the owner's agent or City is a petty misdemeanor. The owner or owner's a g ent must make any correction(s) necessary to maintain a smoke alaim( in compliance with applicable cod Section 5-204. TAMPERING WITH FIRE ALARM SYSTEM AND ISSUiNG FALSE ALARMS. It shall be unlawful for any person to tamper with or in any way interfere with any element of any fire alarm system within the city. It shall be likewise unlawful for any person J issue, or cause to be issued, an alarm of fire or other emergency condition when no fire or emergency condition exists. ORDINANCE NO. Section 5-205. MONITORING. All fire alarm and detection systems shall be monitored by an approved central station as defined in NFPA 72. A (UL) Underwriters Laboratories Certificate in accordance with the 1999 Edition of NFPA 72, Chapter 5, shall be issued by the UL Listed contractor for all newly installed fire alarm systems in commercial occupancies. This regulation shall apply to all fire alarm systems that are newly installed in commercial occupancies for which permits are required. Any existing fire alarm system in a commercial occupancy wherein the fire alarm control panel and alarm system components are to be replaced shall be considered newly installed for the purposes of this section. Also, any existing fire alarm system where four (4) or more "faul ty " false alarms (determined to be from a system malfunction) occur in a one (1) month period shall be subject to the same certification requirement as a new fire alarm system or replacement of an existing fire alarm system are required. Central station service in full compliance with the 1999 Edition of NFPA 72, Chapter 5, shall be maintained at the protected property, so long as the requirement for the fire alarm system exists. Exception. Supervisory service is not required for: A.Single and multiple-station smoke alarms required by IFC Section 907.2.10. B.Smoke detectors in IFC Group 1-3 occupancies. C. Automatic sprinkler systems in one and two-family dwellinas. Section 5-206. OBSTRUCTION OF FIRE HYDRANTS. No person shall park any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant. Section 5-207. WATER OUTLETS REQUIRED. On all commercial, industrial and other nonresidential construction which is supplied with an adequate well there shall be provided a four inch outside water fitting with frost-free valve so located as to be easily accessible for connection to firefighting equipment near to an alley or road. It shall be so constructed that it can be easily operated from the outside at all times. Section 5-208. ORDERS ESTABLISHING FIRE LANES. The bureau of fire prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking—Fire Lane' or a similar messaae. When the fire lane is on a public property or a public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his or her own expense within 30 days after he or she has been notified of the order. Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct the fire lane. Section 5-209. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning. Any persons, firms, or corporations performing ventilation system cleaning in the City of Brooklyn Center shall, prior to ventilation system cleaning, at least five days in advance obtain a permit from the Bureau of Fire Prevention for each job and pay a permit fee as established by resolution ORDINANCE NO. by the City Council of Brooklyn Center. Upon completion of each job, said persons, companies, or corporations shall notify the Bureau of Fire Prevention of the completion of the job and prior to leaving the job site, allow for inspection of work by a member of the Bureau of Fire Prevention. Section 5-210. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave unattended on any street, highway, avenue, alley or parking lot within the limits of the Cit yf Brooklyn Center any vehicle calTying flammable or combustible liquids including, but not limited to, LP or propane, or containing explosives or blasting agents, or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring the product to or from the vehicle or a necessary absence from the vehicle in connection with the driver's normal duties. nor shall it prevent stops for meals. Vehicles that have become disabled due to mechanical failure must be removed within three hours. Section 5-211. FIRES AND BARBECUES ON BALCONIES OR PATIOS. In any structure containing three or more dwelling units. no person shall kindle, maintain, or cause any fire or open flame on any balcony above around level, or on any ground floor patio within fifteen (15) feet of the structure. a.Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas. barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 5-211. b.Exception: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and- that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief. Section 5-212. OPEN BURNING. Except as authorized in this section, open burningf any material is prohibited. This prohibition does not apply to burning conducted by governmental authorities who have secured permission from the fire chief or to outdoor coo1fig using only propane or charcoal. Outdoor recreational or cooking fires may be permitted subject to the following requirements: a.All fires must be in an approved outdoor fireplace or a pit which is at least one (D foot below grade. A pit must be located at least twenty-five (25) feet from buildings, fences. property lines or flammable materials. Pits may be no more than three (3) feet in diameter, and the outside edge shall be ringed with brick or rock. Commercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in diameter. b.Only clean dry wood may be burned. No leaves, trash, treated or painted wood, or any other materials may be burned. All burning material must be contained in the pit at all times. ORDINANCE NO. C. Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit. and persons are able to stand within four (4') feet of the fire. d.The fire shall be attended by an adult at all times and must be extinguished when unattended. An adequate source of water must be available at the pit for extinguishing the fire. e.Prevailing wind conditions shall be less than 10 miles per hour and shall not direct smoke toward other nearby residences. f.Outdoor recreational fires are permitted between the hours of 8:00 a.m.and. midnight. All fires must be completely extinguished by midnight. g.No recreational fire shall be permitted when the City or Minnesota Department of Natural Resources has officially declared a "burning ban" due to potential fire conditions, or when the Minnesota Pollution Control Agency has declared an air quality alert. h. The fire chief is authorized to require that recreational fires be immediately extinguished if it is determined by law enforcement or the fire department that the fire constitutes a dangerous condition, or causes undue hardship on neighboring residences. Failure to comply with any provision of this Chapter or with an order of law enforcement or the fire department is a violation of this section and sub jç to a fine. Section 5-213. INCIDENT CONTROL COSTS. Every person, firm, or corporation that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or resulting from his, her, or its acts, neligence or omissions. The fire chief shall keep record of the cost, including work done by firefighters and other City employees and equipment. The fire chief shall then bill the person. firm, or corporation liable for the fire. No license of any pon, firm, or corporation liable for the expenses incurred in fire control as provided above shall be renewed if the licensee is default in payment of any bill hereunder.. Section 5-214. PENALTIES. Any person violating any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1 .000) or imprisonment not exceeding ninety (90') days or both, together with the costs of prosecution. The hazardous condition that invoked the penalty shall be remedied within a reasonable specified time; failure to do so shall constitute a separate offense. ESTABLISHING FIRE PREVENTION PROVISIONS IN INDUSTRIAL, COMMERCIAL AND RESIDENTIAL DISTRICTS Section 5-300. FIRE PREVENTION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and welfare ofits citizens. In this context, the traditional approach to fire service—suppressing fires once ignited, ORDINANCE NO. rescuing survivors, and too frequently exposing firefi ghters to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment—is declared unacceptable for Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center fire department is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as areat as property protection, and the owner cost of built-in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. Section 5-301. FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, or cellar in every building hereafter erected in the I-i (Industrial Park), 1-2 (General Industry), Cl (Service Office). C1A (Service/Office), and C2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, NFPA 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (Ri thronnh R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard. NFPA 13. The fire extinguishing system shall be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building, Exception: Buildings having a gross floor area less than 2,000 square feet shall not be required to install a fire extinguishing system, provided each story of the building has at least 20 square feet of opening above grade in each segment of the 50 lineal feet of exterior wall on at least one side of the buildina. Section 5-302. VARIANCES (ADJUSTMENTS). The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in Section 35-240 of the ordinances of the City of Brooklyn Center. The board of adjustments and appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances related to the property or uses thereof must be the proximate cause of the hardship: circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification toarant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: 1. A particular hardship to the owner would result if the strict letter of the regulations were carried out. 2. The conditions upon which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not ORDINANCE NO. common, enerally. to other property or uses thereof within the same zoning classification. 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Section 5-303. PENALTY. Any person violating the provisions of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1.000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. Section 3. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) CURRENT ORDINANCE CHAPTER 5- FIRE DEPARTMENT AND FIRE PREVENTION Section 5-100. PURPOSE. It is the purpose of this ordinance to provide for and maintain a volunteer fire department comprised of part-time members and full-time members as authorized by the City Council. Section 5-101. ESTABLISHMENT AND CONTINUATION. Pursuant to the charter of the City of Brooklyn Center, in order to prevent and suppress fires, to protect lives and property within the City, and to promote the health, safety and welfare of its citizens, the City Council of the City of Brooklyn Center hereby continues and establishes a department of City government known as the Brooklyn Center volunteer fire department. Section 5-102. FIRE CHIEF; DUTIES. The Chief is the executive head of the Fire Department and serves as Fire Marshal for the City. The Chief is appointed by the City Manager. The Fire Chief is also the head of the Bureau of Fire Prevention of the City and has full authority to execute all laws, ordinances and rules relating to fire prevention, fire fighting and the Fire Department of the City. The Chief is responsible for the training and discipline of members of the department and for the organization thereof as an effective firefighting unit; the Chief keeps records of all fires and EMS calls. The Chief is responsible for compliance by the Fire Department and members thereof with all the laws, ordinances and rules established by the City Council and for directions received from the City Manager relating to the Fire Department. Section 5-103. APPOINTMENT OF ASSISTANT/DISTRICT FIRE CHIEFS. The positions of Assistant/District Fire Chiefs are appointed by the Fire Chief and approved by the City Manager. Section 5-104. FIRE MARSHAL. The office of the Fire Marshal is held by the Fire Chief. The Fire Chief may appoint investigators/inspectors to assist and carry out the functions or responsibilities of the position under the direction of the Fire Marshal. The Fire Marshal is charged with the enforcement of all ordinances aimed at fire prevention and has full authority to inspect all premises and cause the removal or abatement of all fire and life safety hazards. Section 5-105. DISCIPLINE. The Fire Chief shall have the authority to suspend/terminate any member for refusal to obey orders or for neglect in the member's duties as outlined in the fire department rules and regulations or for cause. Terminations shall be made with the approval of the City Manager. Section 5-106. AUTHORITY OF ASSISTANT/DEPUTY FIRE CHIEFS. In the absence or disability of the Fire Chief, the Senior Assistant/District Fire Chief must perform all the functions and exercise all of the authority of the Fire Chief. City of Brooklyn Center 5-1 City Ordinance Section 5-107. QUALIFICATIONS OF PERSONNEL. Each firefighter must be not less than 18 years of age and live within 4-6 minutes from the fire stations. They become members of the Fire Department only after a one year probationary period and meeting Fire Department requirements. Each candidate, before becoming a reserved firefighter, must complete and pass a psychological exam, ability test, physical examination, and criminal background check. All firefighters are selected by the Board of Officers with approval by the Fire Chief. Section 5-108. REGULATIONS GOVERNING CONDUCT AT THE SCENE OF A FIRE EMERGENCY. a.Traffic: No person shall drive any vehicle over an unprotected fire hose except at the direction or command of a police officer or member of the fire department. Upon the approach of any fire department vehicle giving signal by bell, siren, horn, or flashing emergency lights, the driver of every other nonemergency vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position unless otherwise directed by a police officer or a member of the fire department, and until the fire department vehicles have passed. It shall be unlawful for the driver of any nonemergency vehicle to follow closer than 500 feet to any fire apparatus traveling in response to a fire alarm, and it shall be unlawful to drive into or park such nonemergency vehicle within the block in which such fire apparatus has stopped in answer to a fire alarm, unless permitted or directed to do so by a police officer or member of the fire department. b.Spectators at Emergency Scene: The officer of the fire department in command at the scene of any fire or other emergency shall have the authority to establish an emergency zone within which no person except members of the fire department, police department, or authorized members of the emergency preparedness department shall enter, unless directed or permitted to do so by such officer in command. No unauthorized person shall enter upon the premises which is the scene of a fire or alarm of fire, or other emergency, unless and until directed or permitted to do so by the fire department officer in command. C. Removal of Property Endangered by Fire: The fire department officer in command at any fire or other emergency shall have power to cause the removal of any property, whenever it shall become necessary for the preservation of such property from fire, or to prevent the spreading of fire, or to protect adjoining property, and to that end he may enter or authorize any member of the fire department to enter any premises for the purpose of carrying out the intent of this subdivision. City of Brooklyn Center 5-2 City Ordinance d. Police Powers of Fire Department Personnel: At all times when the fire department is engaged in traveling to a fire or to the scene of an alarm of fire, or is present at a fire, or the scene of an alarm of fire, or other emergency, all officers of the fire department shall be vested with police powers and authority to enforce the provisions of this ordinance. The fire department officer in command at the scene of a fire or a rescue emergency shall have the authority to direct the operations of all police and emergency preparedness personnel present at the scene. The fire chief or the fire chiefs designated representative is hereby vested with all police powers necessary to investigate the cause, origin and circumstances of any fire, or alarm of fire, or other emergency requiring the attention of the fire department. Section 5-109. TAMPERING WITH FIRE ALARM SYSTEM AND ISSUING FALSE ALARMS. It shall be unlawful for any person to tamper with or in any way interfere with any element of any fire alarm system within the City. It shall be likewise unlawful for any person to issue, or cause to be issued, an alarm of fire or other emergency condition when no fire or emergency condition exists. Section 5-110. OBSTRUCTION OF FIRE HYDRANTS. No person shall park any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant. Section 5-111. PENALTIES. Any person violating the provisions of Section 5-108 through 5-110 of this ordinance shall, upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 5-200. ADOPTION OF FIRE PREVENTION CODE. a.Purpose and Intent of Fire Regulations: It is the purpose and intent of the fire regulations to promote high standards of quality in the construction and maintenance of buildings, to improve the tax base with well constructed and well maintained buildings, and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire, to guarantee absolute compliance with all fire regulations, or to indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. b.Adoption of Codes and Standards: There is adopted and incorporated herein by reference as an ordinance of the City: City of Brooklyn Center 5-3 City Ordinance 1. International Fire Code Adopted. The International Fire Code as promulgated by the International Code Council incorporated 2006 Edition together with Appendices B, C, D, B, F, 0, and Minnesota State Fire Code Rules and Amendments referred to as the 2007 Minnesota State Fire Code, hereby referred to as the IFC. C. Codes on file: The fire chief shall file one (1) copy of the International Fire Code in his/her office and a copy of the State of Minnesota Appendices and Amendments. Copies shall be kept available for public inspection. d. Definitions: 1.Whenever the word "jurisdiction" is used in the IFC it shall mean the City of Brooklyn Center. 2.Whenever the term 'corporate counsel" is used in the IFC, it shall mean the attorney for the City of Brooklyn Center. 3. Whenever the term "chief' is used in the IFC, it shall mean the chief of the Brooklyn Center fire department or his designated representative. Section 5-201. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. 1.The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the City of Brooklyn Center, which is hereby established and which shall be operated under the supervision of the chief of the fire department. 2.The fire chief or the fire chiefs designated representative shall be in charge of the bureau of fire prevention. Section 5-202. MODIFICATIONS. The fire chief shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. City of Brooklyn Center 5-4 City Ordinance Section 5..203. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The City Manager, building and community standards director, building official, fire inspector, and the chief of the fire department, and other City officials as designated by the City Manager shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, that shall require permits, in addition to those now enumerated in this Chapter. The fire chief shall post such list in a conspicuous place, upon approval or denial by the committee, and distribute copies thereof to interested persons. a.Appeal: Whenever the committee shall disapprove an application or refuse to grant the permit applied for, or when it is claimed that the provisions of the International Fire Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the committee to the City Council, within thirty (30) days of the date of the decision. b.Permit Fees: The fees for any permit required by this ordinance and for each annual renewal thereof, shall be established by resolution by the City Council of Brooklyn Center. All permits, unless otherwise noted, shall expire one year from the date of issuance. C. Amendments to the IFC: 1. If doors in fire corridors, separation walls, fire doors, or smoke barrier doors are needed to be kept open, they shall be held open by electric magnetic door holders that are controlled and released by the trip of a smoke detector or sprinkler head that covers the entire building. The approval of the fire chief is needed for this modification to a building. d. Minimum Standards: Whenever the IFC fails to be specific about a device or appliance, it shall have a minimum standard of being UL 'Underwriter Laboratory" approved. e. Fires and Barbecues on Balconies or Patios: In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of the structure. 1. Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection (e). City of Brooklyn Center 5-5 City Ordinance 2. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief. f Fire Alarm Systems and Smoke Detectors: 1.Installation, inspection and maintenance of the fire alarm system or alarm device shall comply with standards in Minnesota State Fire and Building Codes, and manufacturer specifications. 2.Whoever shall render a smoke alarm or fire alarm system inoperable by removing the battery, disconnecting, dismantling, or damaging the smoke alarm or fire alarm system in any residential rental, commercial or business unit is guilty of a misdemeanor. 3. Special provisions for rental properties. Where battery- operated smoke alarms are allowed by code, they shall meet the following conditions: a. Installation. Properly installed and maintained in compliance with Minnesota State Fire and Building Codes, and manufacturer specifications. b. Maintenance. Maintained in an operable and good condition. C. Testing and Record. Be tested in accordance with manufacturer's recommendations and no less than once a month. The owner and/or owner's agent of a rental property is responsible for keeping records indicating compliance with testing and applicable codes. These records must be made available to the code official upon request. d. Tenant & Owner Responsibility. i. Property owners or their owner's agent must advise tenants to notify the owner/agent about faulty, defective or inoperable smoke alarms. City of Brooklyn Center 5-6 City Ordinance 1 ii. Tenants of each rental unit must give written notice to the owner or their agent within 24 hours of finding any non-functional smoke alarm. A copy of the written notice must be provided to the City's rental inspections department. Failure to notify an owner, the owner's agent or City is a petty misdemeanor. The owner or owner's agent must make any correction(s) necessary to maintain a smoke alarm(s) in compliance with applicable codes. g.Incident Control Costs: Every person, firm, or corporation that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or resulting from his, her, or its acts, negligence, or omissions. The fire chief shall keep a record of the cost, including work done by firefighters and other City employees and equipment. The fire chief shall then bill the person, firm, or corporation liable for the fire. No license of any person, firm, or corporation liable for the expenses incurred in fire control as provided above shall be renewed if the licensee is default in payment of any bill hereunder. h.Interpretation and Conflict with the Minnesota State Building Code: In the event of a conflict between the provisions of the IFC or the Minnesota State Building Code and the provisions of this ordinance, the more stringent provisions shall apply, provided, however, that no provision of this ordinance shall be interpreted to exceed the requirement of the Minnesota State Building Code as adopted by the ordinance of the City of Brooklyn Center. Open Burning: 1.Except as authorized in this section, open burning of any material is prohibited. This prohibition does not apply to burning conducted by governmental authorities who have secured permission from the fire chief or to outdoor cooking using only propane or charcoal. 2.Outdoor recreational or cooking fires may be permitted subject to the following requirements: City of Brooklyn Center 5-7 City Ordinance a.All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least twenty five (25) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter, and the outside edge shall be ringed with brick or rock. Commercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in diameter. b.Only clean dry wood may be burned. No leaves, trash, treated or painted wood, or any other materials may be burned. All burning material must be contained in the pit at all times. C. Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit, and persons are able to stand within four (4) feet of the fire. d.The fire shall be attended by an adult at all times and must be extinguished when unattended. An adequate source of water must be available at the pit for extinguishing the fire. e.Prevailing wind conditions shall be less than 10 miles per hour and shall not direct smoke toward other nearby residences. f.Outdoor recreational fires are permitted between the hours of 8:00 a.m. and midnight. All fires must be completely extinguished by midnight. g.No recreational fire shall be permitted when the City or Minnesota Department of Natural Resources has officially declared a "burning ban" due to potential fire conditions, or when the Minnesota Pollution Control Agency has declared an air quality alert. h. The fire chief is authorized to require that recreational fires be immediately extinguished if it is determined by law enforcement or the fire department that the fire constitutes a dangerous condition, or causes undue hardship on neighboring residences. Failure to comply with any provision of this Chapter or with an order of law enforcement or the fire department is a violation of this section and subject to a fine. City of Brooklyn Center 5-8 City Ordinance Section 5-204. RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any member of the fire department designated by the fire chief as an inspector may, at reasonable hours, enter any building or premises for the purpose of making any inspection which the fire chief deems necessary to be made. Section 5-205. INSPECTOR'S DUTIES. Whenever any such officer or inspector shall. find in any building or upon any premises or other place: a.Combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of waste paper, boxes, shavings or any highly flammable materials, and so situated as to endanger property, or b.shall find obstructions from any source whatsoever, including materials, articles or merchandise, to or on fire escapes, stairs, corridors, or doors, liable to interfere with the operation of the fire department, or egress of occupants, in case of fire, or C. shall find any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life, or d. shall find at any premises a violation of any ordinance of this City or law of the State of Minnesota the continuing violation of which creates a fire hazard, then such officer or inspector shall order the same to be removed or the condition remedied. Section 5-206. DUTY TO CORRECT HAZARDOUS CONDITIONS. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four hours to the City Council of the City of Brooklyn Center, who shall within 15 days review such order and file its decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within 10 days after said appeal shall have been determined, or if no appeal is taken, then within 10 days after the service of the said order, shall be liable to a penalty as hereinafter provided. Section 5-207. SERVICE OF INSPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address. City of Brooklyn Center 5-9 City Ordinance Section 5-208. NOTICE OF HAZARDOUS CONDITION POSTED ON BUILDINGS. Whenever any building of a public nature, or which is used for commercial purposes, or for any other purpose other than a private or two-family dwelling, is found to be unsafe for any reason set out in Section 5-205, and the hazard thereof is so imminent as to place human life in immediate jeopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dangerous condition; and it shall be unlawful for any person to remove such notice without his written permission. If the owner or person in charge of such building or structure, when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed within the time specified, it shall be unlawful for any person, firm or corporation to occupy or use said building or structure until it has been rendered safe. Section 5-209. WATER OUTLETS REQUIRED. On all commercial, industrial and other nonresidential construction which is supplied with an adequate well there shall be provided a four inch outside water fitting with frost-free valve so located as to be easily accessible for connection to firefighting equipment near to an alley or road. It shall be so constructed that it can be easily operated from the outside at all times. Section 5-210. PENALTY. Any person violating any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. The hazardous condition that invoked the penalty shall be remedied within a reasonable specified time; failure to do so shall constitute a separate offense. ESTABLISHING FIRE PREVENTION PROVISIONS IN INDUSTRIAL, COMMERCIAL, AND RESIDENTIAL DISTRICTS Section 5-300. FIRE PREVENTION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and welfare of its citizens. In this context, the traditional approach to fire service—suppressing fires once ignited, rescuing survivors, and too frequently exposing firefighters to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment---is declared unacceptable for Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center volunteer fire department is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built-in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. City of Brooklyn Center 5-10 City Ordinance Section 5-301. FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, or cellar in every building hereafter erected in the I-i (Industrial Park), 1-2 (General Industry), Cl (Service Office), CIA (Service/Office), and C2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (RI through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. The fire extinguishing system shall be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. Exception: Buildings having a gross floor area less than 2,000 square feet shall not be required to install a fire extinguishing system, provided each story of the building has at least 20 square feet of opening above grade in each segment of the 50 lineal feet of exterior wall on at least one side of the building. Section 5-302. VARIANCES (ADJUSTMENTS). The procedure for obtaining a variance from the requirements of this ordinance shall be the same as sot out in Section 35-240 of the ordinances of the City of Brooklyn Center. The board of adjustments and appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances related to the property or uses thereof must be the proximate cause of the hardship; circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: 1.A particular hardship to the owner would result if the strict letter of the regulations were carried out. 2.The conditions upon which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common, generally, to other property or uses thereof within the same zoning classification. 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Section 5-303. PENALTY. Any person violating the provisions of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or City of Brooklyn Center 5-11 City Ordinance imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. City of Brooklyn Center 5-12 City Ordinance EMPOWERING THE CHIEF OF THE FIRE DEPARTMENT TO ESTABLISH FIRE LANES AND PRESCRIBING A PENALTY Section 5-400. ORDERS ESTABLISHING FIRE LANES. The bureau of fire prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking—Fire Lane" or a similar message. When the fire lane is on a public property or a public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his own expense within 30 days after he has been notified of the order. Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct the fire lane. Section 5-401. PENALTY. Any person violating any provision of this ordinance or any order made pursuant thereto, shall be guilty of a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, with costs of prosecution in either case to be added. Each day's violation after notice thereof shall constitute a separate offense. Section 5-500. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning. Any persons, firms, or corporations performing ventilation system cleaning in the City of Brooklyn Center shall, prior to ventilation system cleaning, at least five days in advance obtain a permit from the Bureau of Fire Prevention for each job and pay a permit fee as established by resolution by the City Council of Brooklyn Center. Upon completion of each job, said persons, companies, or corporations shall notify the Bureau of Fire Prevention of the completion of the job and prior to leaving the job site, allow for inspection of work by a member of the Bureau of Fire Prevention. Section 5-501. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave unattended on any street, highway, avenue, alley or parking lot within the limits of the City of Brooklyn Center any vehicle carrying flammable or combustible liquids including, but not limited to, LP or propane, or containing explosives or blasting agents, or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring the product to or from the vehicle or a necessary absence from the vehicle in connection with the driver's normal duties, nor shall it prevent stops for meals. Vehicles that have become disabled due to mechanical failure must be removed within three hours. City of Brooklyn Center 5-13 City Ordinance Chapter 5 Revisions •Chapter 5, section 5-100 refers to the Brooklyn Center Fire Department as a “volunteer” department. • Section 5-102 through 107 refers to the qualification of fire personnel. •Section 5-104 directs appeals to correct hazardous conditions be made within twenty-four hours and directed to the Administrative Hearing Officer rather than City Council. Chapter 5 Revisions •Section 5-108 is not necessary to be in the ordinance as there are State laws that cover these actions. •Section 5-202, subsection (a) has been revised to direct appeals of the committee to the Administrative Hearing Officer rather than City Council. •Section 5-209, Monitoring, was added to ensure that fire alarm and detection systems are monitored by Underwriters Laboratories. Chapter 5 Revisions •Section 5-212, subsection (a) now requires that fire pits for recreational or cooking fires be 25 feet from buildings, fences, property lines and flammable materials. •Section 5-300 referred to the Brooklyn Center volunteer fire department and the word “volunteer” was removed. •There are other minor changes as well as a re-formatting and re-numbering of Chapter 5.