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2016 05-23 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION May 23, 2016 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center May 23, 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. May 2, 2016 — Continued Board of Appeal & Equalization 2. May 9, 2016 — Study Session 3. May 9, 2016 —Regular Session b. Licenses C. An Ordinance Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter —Approve first reading and set second reading and Public Hearing for June 27, 2016. d. Application and Permit for Temporary On -Sale Liquor License Submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for a Social Event to be held July 15 through 17, 2016 CITY COUNCIL AGENDA -2- May 23, 2016 An Ordinance Amending Chapter 3 of the City Code of Ordinances Regarding the Building Code —Approve first reading and set second reading and Public Hearing for June 27, 2016. £ Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards with Respect to the Real Estate Located at 6037 Colfax Avenue North, Brooklyn Center, Minnesota 55430 Legally Described as Lot 2, Block 1, Dahinden's Second Addition, Hennepin County, Minnesota in the City Of Brooklyn Center, Hennepin County, Minnesota and Its Owners, Shawn And Shannon Gillespie 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of John Harlow for Over 41 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. b. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Sons of the American Legion Post 630 in Support of Purchasing a Thermal Imager and Pagers for the Fire Department Requested Council Action: —Motion to adopt resolution. S. Public Hearings a. An Ordinance Amending Chapter 5 of the City Code of Ordinances Relating to Fire Prevention —This item was first read on April 25, 2016; published in the official newspaper on May 5, 2016; and is offered this evening for second reading and 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 a. Resolution Regarding the Disposition of Planning Commission Application No. 2016-005, Submitted by Parents in Community Action, Inc. (PICA) Requesting Consideration of a Special Use Permit in the C-1 Service/Office District to Operate a Licensed Daycare Facility with Early Childhood Programs and Education (Aubrey Della Early Childhood Family Development Center), Located at 6415 Brooklyn Boulevard Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- May 23, 2016 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental Licenses 1. 3313 63rd Avenue North 2. 6106 Aldrich Avenue North 3. 6642 Dupont Avenue North 4. Resolution Approving a Type IV Rental License for 6418 Major Avenue North 5. Resolution Approving a Type IV Rental License for 7033 Unity Avenue North Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. 11. Council Report 12. Adjournment Agenda Items Tabled or Continued 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 tabled at the April 25, 2016, City Council meeting to be discussed at the May 23, 2016, City Council Work Session. AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 23, 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 1. Chapter 12 Amendment Limiting the Density of Rental Housing in the City 2. Water Tower Painting Project Concept PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Paperless Packets Report 2. Opportunities for Small and Diverse Businesses 3. Fire Department Structure 4. Centennial Park Improvements 5. Surly Darkness Day Event – June 27 6. Solar Energy Options 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 BOARD OF APPEAL AND EQUALIZATION RECONVENE MAY 2, 2016 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council reconvened the Local Board of Appeal and Equalization and the meeting was called to order by Mayor Willson at 6:00 p.m. 2. ROLL CALL Mayor Willson and Councilmembers Kris Lawrence -Anderson, Lin Myszkowski, and Dan Ryan were present. Councilmember April Graves was absent and unexcused. Also present were Business and Development Director Gary Eitel and Deputy City Clerk Rozlyn Tousignant. Others present from Hennepin County were Rob Winge, Principal Residential Appraiser; Kelly Jacobsson, Appraiser; Joshua Whitney, Appraiser; and Jeff Nienaber, Commercial Appraiser. 3. LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM The Local Board of Appeal and Equalization Certification form was signed by all Board Members present. 4. ASSESSOR'S REPORT ON APPEALS PRESENTED AT THE APRIL 18TH BOARD MEETING Principal Residential Appraiser Kelly Jacobsson discussed that following the April 18, 2016, Local Board of Appeal and Equalization meeting, staff from the Hennepin County Assessor's Office met with each of the following appellants and arrived upon recommendations after a physical review of the properties, along with a review of market comparables. Each of the following appellants has agreed with the Assessor's recommendations: Aleta Stevenson 6726 North 5th Street 36-119-21-12-0052 Assessor's recommendation: A value reduction from $147,000 to $126,000. Member Myszkowski moved and Member Ryan seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation from $147,000 to $126,000. Motion passed unanimously. 05/02/16 -1- DRAFT Jose Lopaz 5400 67th Avenue North 33-119-21-12-0034 Assessor's recommendation: A value reduction from $152,000 to $126,000. Member Ryan moved and Member Lawrence -Anderson seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation from $152,000 to $126,000. Motion passed unanimously. 5. ASSESSOR'S REPORT ON WRITTEN APPEALS The Assessors have met with each of the following appellants after a physical review of the property and market comparable; the following recommendations have been provided for the Board's consideration. Jessica Wolters Earle Brown Terrace 6100 Summit Drive 35-119-21-44-0012 Assessor's recommendation: A value reduction from $7,000,000 to $4,300,000. Member Ryan moved and Member Myszkowski seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation from $7,000,000 to $4,300,000. Motion passed unanimously. Lee Yang 6906 Grimes Avenue North 27-119-21-34-0067 Assessor's recommendation: A reduction in value from $178,000 to $161,000. Member Myszkowski moved and Member Ryan seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation from $178,000 to $161,000. Motion passed unanimously. Gary Lutz 7224 Penn Avenue North 26-119-21-42-0106 Assessor's recommendation: A reduction in value from $212,000 to $204,000. Member Myszkowski moved and Member Ryan seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation fiom $212,000 to $204,000. Motion passed unanimously. Diana O'Connor 711 69th Avenue North 36-119-21-21-0119 Assessor's recommendation: A reduction in value from $275,000 to $240,000. Member Myszkowski moved and Member Ryan seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation from $275,000 to $240,000. Motion passed unanimously. 05/02/16 -2- DRAFT David Evanson 7126 8th Lane 36-119-21-21-0121 Assessor's recommendation: A reduction in value from $36,000 to $10,000. Member Myszkowski moved and Member Ryan seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation from $36,000 to $10,000. Motion passed unanimously. David Evanson 718 68th Lane 36-119-21-21-0120 Assessor's recommendation: A reduction in value from $36,000 to $10,000. Member Myszkowski moved and Member Ryan seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation from $36,000 to $10,000. Motion passed unanimously. EJA Trust Brooklyn LLC 6930 Brooklyn Boulevard 34-119-21-42-0029 Assessor's recommendation: A reduction in value from $2,380,000 to $2,250,000. Member Ryan moved and Member Lawrence -Anderson seconded a motion to accept the Assessor's recommendation to reduce the assessed valuation from $2,380,000 to $2,250,000. Motion passed unanimously. The April 18th Local Board of Appeal and Equalization meeting also included the following written objections which the Assessor's Office was unable to complete a physical review or no required financial data on rental properties have been provided and the appellants are seeking to preserve their right to appear before the County Board of Equalization. Caitlin Goff Twin Lakes North Apartments 03-118-21-22-0025 03-118-21-22-0027 Assessor's recommendation: No change be made in the assessed valuation. Member Myszkowski moved and Member Ryan seconded a motion to accept the Assessor's recommendation that no change in assessed value be made. Motion passed unanimously. Ryan, LLC on behalf of the following taxpayers: RHA 3 LLC, 2015-3 IH2 Borrower LP, 2014-2 IH Borrower LP, and IH3 Property Borrower LP 5748 Humboldt Ave N (PID # 01-118-21-23-0085) 1600 71St Ave N (PID # 26-119-21-41-0030) 3612 Commodore Drive (PID # 03-118-21-12-0068) 4019 Joyce Lane (PID # 34-119-21-34-0102) 4307 66th Ave N. (PID # 34-119-21-23-0036) 5043 Brooklyn Blvd. (PID #10-118-21-14-0006) 5112 70th Ave N. (PID # 28-119-21-43-0033) 05/02/16 -3- DRAFT 5931 Zenith Ave N. (PID # 03-118-21-11-0078) 6130 Scott Ave N. (PID # 33-119-21-43-0019) 6501 Beard Ave N. PID # 34-119-21-13-0067) 6718 Scott Ave N. (PID # 33-119-21-12-0077) 6830 Scott Ave N. (PID # 33-119-21-12-0059 6907 West Palmer Lake Drive (PID # 27-119-21-43-0102) 7013 Fremont Ave N (PID # 25-119-21-33-0063) 7141 Newton Ave N. (PID # 26-119-21-42-0085) Assessor's recommendation: No change be made in the assessed valuation. Member Lawrence -Anderson moved and Member Myszkowski seconded a motion to accept the Assessor's recommendation that no change in assessed value be made. Motion passed unanimously. The following written applications have also been reviewed by the Assessor and submitted for the Board's consideration: Kirt Woodhouse 3800 50th Avenue North 10-118-21-24-0002 Assessor's recommendation: No change be made in the assessed valuation. Member Ryan moved and Member Myszkowski seconded to accept the Assessor's recommendation that no change in assessed value be made to preserve and protect the owner's rights to appeal to the County Board. Motion passed unanimously. Allen Franz 2781 Freeway Boulevard 35-119-23-0085 Assessor's recommendation: A reduction in value from $1,188,000 to $980,000. Member Ryan moved and Member Myszkowski seconded to accept the Assessor's recommendation to reduce the assessed valuation from $1,188,000 to $980,000. Motion passed unanimously. Victor Ceron 3912 Janet Lane 34-119-21-34-0012 Assessor's recommendation: No change be made in the assessed valuation. Member Myszkowski moved and Member Lawrence -Anderson seconded to accept the Assessor's recommendation that no change in assessed value be made to preserve and protect the owner's rights to appeal to the County Board. Motion passed unanimously. 6. ADJOURN There was a motion by Councilmember Lawrence -Anderson and seconded by Councilmember Myszkowski, to adjourn the Local Board of Appeal and Equalization at 6:24 p.m. Motion passed unanimously. 05/02/16 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 99 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 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence -Anderson and Lin Myszkowski were present. Councilmembers April Graves and Dan Ryan were absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. None. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS MISCELLANEOUS Interim Assistant to the City Manager Edwards City Manager Curt Boganey introduced Reggie Edwards who is acting as the Interim Assistant to the City Manager until the position is permanently filled. Mr. Boganey stated Mr. Edwards is a doctoral candidate who brings a lot of experience to the team. Mayor Willson welcomed Mr. Edwards and stated he is looking forward to working with him. Councilmembers Lawrence - Anderson and Myszkowski echoed Mayor Willson's sentiments and welcomed Mr. Edwards. AED Training Councilmember Lawrence -Anderson asked for clarification on the times that the AED training is being offered at the High School. Mr. Boganey informed Council of an email from the Fire Chief stating that anyone who would like to witness the AED training sessions offered at the High School could attend today, May 9, 2016, or May 23, 2016 anytime from 8:00 a.m. - 10:00 a.m. ADJOURNMENT Councilmember Lawrence -Anderson moved and Councilmember Myszkowski seconded to close the Study Session at 6:06 p.m. Motion passed unanimously. 05/09/16 -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 REGULAR SESSION MAY 9, 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 Kris Lawrence -Anderson and Lin Myszkowski were present. Councilmembers April Graves and Dan Ryan were absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Marie Rickmyer, 1352 Charles Avenue, St. Paul, stated she and her husband own a rental property located at 6628 Camden Drive. She addressed the Councilmembers regarding a notice from the City that they had received stating they didn't meet the ARM requirements of attending two meetings, so they were only issued a one-year rental license instead of a two-year rental license. She stated the ordinance is misrepresenting in her opinion, because it states they needed to attend only 25% of the scheduled ARM meetings, and it does not state they needed to attend two meetings specifically of the four provided, she is asking for lenience and consideration to extend the rental license to a 2 year term. She also noted she is scheduled to address the violation issued by the Police Department to request this be forgiven under the circumstances. Mayor Willson stated he isn't prepared to make any determinations at the moment, but asked Mr. Boganey to address this issue and further investigate the ordinance and its clarification.' Mr. Boganey replied that he would be looking into this issue and respond to Ms. Rickmyer upon completion. Debbie Sparks, 6318 Lee Avenue North, addressed the Councilmembers regarding the conditions of 63rd Avenue. She stated last summer the road underwent a great deal of construction to fix the condition of the road, however, she has concerns that on the westbound side of 63rd Avenue there is still a large number of sewer dips and she is wondering if they will be correcting this issue. She also expressed concerns about the speeding of vehicles appearing to 05/09/16 -1- DRAFT be coming from Zane apartment dwellers. She said that it occurs frequently down 63rd Avenue, which is a heavily populated area for senior citizens and asked that the Police have some assistance in citing these offenders to help keep the citizens safe in that area. Councilmember Lawrence -Anderson stated she lives off 63rd Avenue as well and hasn't noticed any sewer dip issues, but she will look closer at this issue. Mr. Boganey stated he will look into these issues and concerns. He noted if the work wasn't done correctly by the contractors, it is most likely under warranty and they will request they repair or correct any and all issues in their work. He asked Ms. Sparks what she thinks personally about the rest of the work done in that area by the contractors. Ms. Sparks said she is disappointed in the quality of the work and the contractors didn't seem very knowledgeable about some of the work they were doing. She noted her hope is to simply have the area restored to a decent state. Mr. Boganey thanked Ms. Sparks for her input and informed her he will look into these issues. Councilmember Lawrence -Anderson moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lawrence -Anderson read a news article regarding the wildfire disaster in Alberta, Canada. She stated her deepest sympathies go out to the people of Alberta and Saskatchewan who have been affected by the wildfires. She noted she is, and we should all be thankful for what we have and stated she can't begin to imagine what they are going through. She asked for a moment of silence and prayers for residents, firefighters and emergency workers dealing with this devastation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence -Anderson and Lin Myszkowsld were present. Councilmembers April Graves and Dan Ryan were absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 05/09/16 -2- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Lawrence -Anderson seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 18, 2016 — Board of Appeal & Equalization 2. April 25, 2016 — Study Session 3. April 25, 2016 — Regular Session 6b. LICENSES AMUSEMENT DEVICE Metro Coin of Minnesota, Inc. 14940-B 28th Ave N, Plymouth Brooklyn Center Community Center 6301 Shingle Creek Parkway FIREWORKS [TEMPORARY] TNT Fireworks 4003 Helton Drive, Florence, AL Cub Foods 3245 County Road 10 MECHANICAL Forced Air One Liberty Comfort Systems Majestic Custom Heating & Air Midwest Maintenance & Mech North Suburban Heat & Air Servin Plumbing & Heating LLC Yale Mechanical MOTOR VEHICLE BB Motor Sales, LLC BB Motor Sales, LLC BCV Motors, LLC dba Luther Brookdale Volkswagen Brooklyn Park Motors, Inc. Metro Brookdale LLC R.L. Brookdale Motors, Inc. RENTAL INITIAL (TYPE II — two-year license) 5726 Camden Ave N. 2690 109th Lane NW, Coon Rapids 627 East River Rd, Anoka 8800 Royal Ct, NW, Ramsey 750 Pennsylvania Ave S, Golden Valley 19066 Jasper NW, Anoka 24752 705th Ave, Dassel 220 W 81st Street, Bloomington 430168" Ave N 6701 Brooklyn Boulevard 6801 Brooklyn Boulevard 6700 Brooklyn Boulevard 7235 Brooklyn Boulevard 6800 Brooklyn Boulevard Victor Strozewski 05/09/16 -3- DRAFT RENEWAL (TYPE III —one-year license) 7206 12 West River Rd. 6701 Bryant Avenue N. 6015 Dupont Avenue N. 7143 France Avenue N. 6769 Humboldt Avenue N. 7141 Newton Avenue N. RENEWAL (TYPE II— two-year license) Jason Ingbretson (No ARM meetings attended) Invitation Homes Main Street Renewal, LLC Yin Lin/Khai Hong Lim Properties Li-Chwen Su (Missing 1 ARM meeting) Invitation Homes 120765 th Avenue N. Tech Ung 5742 Fremont Avenue N. Bruce Alan Goldberg 6331 Indiana Avenue N. Invitation Homes 4207 Lakeside Avenue #226 The Beach Condominium Association RENEWAL (TYPE I— three-year license) 5407 Brooklyn Blvd Duane Orn 4724 Lakeview Avenue Rebecca Hernandez 6c. RESOLUTION NO. 2016-70 ESTABLISHING IMPROVEMENT PROJECT NOS. 2017-01, 02, 03, 04 AND 05, EVERGREEN PARK AREA STREET, UTILITY AND TRAIL IMPROVEMENTS 6d. RESOLUTION NO. 2016-71 ESTABLISHING IMPROVEMENT PROJECT NO. 2018-05, BROOKLYN BOULEVARD RECONSTRUCTION AND STREETSCAPE IMPROVEMENTS, 49TH AVENUE TO BASS LAKE ROAD Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION 2016-72 DECLARING MAY 15 THROUGH MAY 21, 2016 AS POLICE WEEK AND MAY 15, 2016 AS PEACE OFFICERS MEMORIAL DAY City Manager Curt Boganey introduced a Resolution Declaring May 15 through May 21, 2016 as Police Week and May 15, 2016 as Peace Officers Memorial Day in the City of Brooklyn Center, Minnesota. Mr. Boganey stated there will be events around the City through the week as well as officers standing guard as part of the 24-hour recognition ceremony. Mayor Willson stated every time a Resolution is brought forth regarding emergency workers he is reminded of a biblical phrase, which references the amazing selfless work they do. He thanked the police officers for their service. 05/09/16 -4- DRAFT Councilmember Lawrence -Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION 2016-72 Declaring May 15-21, 2016, as Police Week and May 15, 2016, as Peace Officers Memorial Day. Motion passed unanimously. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION Mayor Willson presented his recommendation for the appointment of Jeffrey Dobbs, 5311 Camden Avenue N., to serve on the Financial Commission with a term to expire on December 31, 2018. Councilmember Myszkowski moved and Councilmember Lawrence -Anderson seconded to ratify the appointment of Jeffrey Dobbs to the Financial Commission with a term to expire on December 31, 2018. Motion passed unanimously. 10b. CHARTER COMMISSION SUBMISSION OF RECOMMENDED AMENDMENTS TO THE CITY CHARTER City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance amending the Brooklyn Center City Charter Commission's Rules of Procedures; Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10, changing the terminology "regular municipal election" to "municipal general election" to be consistent with State Statute terminology relating to elections. Councilmember Lawrence -Anderson moved and Councilmember Myszkowski seconded to receive the Charter Commission recommendations. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Lawrence -Anderson seconded to direct staff to draft a Charter ordinance amending the Brooklyn Center City Charter; Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5. 10, changing the terminology " 05/09/16 -5- DRAFT regular municipal election" to "municipal general election" to be consistent with State Statute terminology relating to elections. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • May 2, 2016: Board of Appeal and Equalization Reconvene Councilmember Lawrence -Anderson reported on her attendance at the following and provided information on the following upcoming events: • April 27, 2016: Odyssey Academy Board Meeting • April 30, 2016: American Indian Presentation, Osseo Jr. High School • May 2,2016: Board of Appeal and Equalization Reconvene Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • May 2, 2016: Board of Appeal and Equalization Reconvene • May 4, 2016: MN Healthy Kids Coalition Appreciation Event at Brooklyn Center High School • May 5, 2016: Robbinsdale School District VIP(Volunteers In Partnership) • May 6, 2016: Brooklyn Center High School 9th Grade Civic Class Speaking Engagement • May 7, 2016: Norwegians Conference at Earle Brown Heritage Center 12. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Lawrence -Anderson seconded adjournment of the City Council meeting at 7:12 p.m. Motion passed unanimously. 05/09/16 -6- DRAFT City Council Agenda Item No. 6b • DATE: May 17, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerklp—'� SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on May 23, 2016. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Air Corps, LLC All Systems Mechanical LLC Amco Inc CDM Heating & A/C Good News Heating & Air DBA Kingsway Plumbing Holl -Tec Installations, LLC McDonnell Plumbing & Htg LLC Nordic Services, Inc Steinkraus Plumbing Inc Stern Heating/Cooling Inc RENTAL See attached report. SIGN HANGER Designer Sign Systems Install This Awning & Sign JC Signs and Graphics 2230 Terminal Rd, Roseville 2282 Terminal Rd, Roseville 2422 Millennium Drive, Elgin 6040 340th Street, Stacy 4S 1 Babcock Circle, Delano 772 13th Ave, Foley 19412 Queen Circle, Elk River 11965 Larc Industrial Blvd #600, Burnsville 112 E Sth Street, Ste.101, Chaska 34181 180th Ave, Red Wing 9975 Flanders Court, Blaine 4835 Lyndale Ave N, Mpls 6163 125th Ave, Clear Lake Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Budget Issues: There are no budget issues to consider. 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Background: At its May 9, 2016, meeting, the City Council received the Charter Commission recommendation to amend the City Charter by Ordinance and directed Staff to prepare an Ordinance Amending the City Charter. Attached is an ordinance amending the City Charter for Council consideration, as well as materials that were presented at the May 9, 2016, City Council meeting. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life 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 27th day of June 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 Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter. 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 SECTIONS 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, AND 5.10 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2, Section 2.07 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding gyral municipale� election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 2. Chapter 3, Section 3.01 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a re-gu4ar municipale� election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Cleric of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. - ORDINANCE NO. Section 3. Chapter 4, Sections 4.01, 4.02, 4.06, and 4.07 of the City Charter of the City of Brooklyn Center are hereby amended as follows: Section 4.01. THE REGULAR MUNICIPAL GENERAL ELECTION. A regul municipal eneral election shall be held on the first Tuesday after the first Monday in November of even -numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regu4 municipal e election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal e election unless no more than two nominees file for each elective office. [City Cleric's Note: Minnesota Statutes, Section 205.065, Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.] When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.06. WRITE-IN CANDIDATES. A candidate for city office who wants write- in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh (7th) day before the gel municipal e election or special election. The filing officer shall provide copies of the form to make the request. Section 4.07. CANVASS OF ELECTION. The Council shall meet and canvass the election returns between the third (3rd) and the tenth (10th) day after any r€gulr general, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of,the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. ORDINANCE NO. Section 4. Chapter 5, Sections 5.04, 5.05, 5.06, and 5.10 of the City Charter of the City of Brooklyn Center are hereby amended as follows: Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least five per cent (5%) of the total number of registered voters at the time of the last regular municipalet neral election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form: Section 5.05. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within five (5) days after the filing of the petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five per cent (5%) of the total number of registered voters at the time of the last regul municipal e election. If the Clerk finds the petition insufficient or irregular, the Clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for such finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the Cleric shall so notify each member of the committee of that fact and file the petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next regula general or special election. Section 5.06. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the City Cleric shall so certify to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to a vote at the next regular- municipal e election, but if the number of signers of the petition is equal to at least fifteen (15) per cent of the total number of registered voters at the time of the last regulaf municipal eneral election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the ORDINANCE NO. date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a rem enteral election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last r€gul-ar municipal e election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal e election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. Section 5. Effective Date. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of 2016. ATTEST: City Clerk Date of Publication: Effective Date: Mayor (S+r-ikeo indicates matter to be deleted, doubleunderline indicates new matter.) DATE: April 27, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk aM� SUBJECT: Charter Commission Submission of Recommended Amendments to the City Charter Recommendation: It is recommended that the City Council receive the Charter Commission recommendation to amend the City Charter and consider directing Staff to prepare an ordinance for City Council consideration. Background: On April 26, 2016, Charter Commission Chair Marl- Goodell transmitted to City Manager Curt Boganey amendments to the City Charter as recommended by the Charter Commission. The amendments are to Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10, changing the terminology "regular municipal election" to "municipal general election" to be consistent with State Statute terminology relating to elections. Under Minn. Stat. §410.12 Subd. 7, the City Council may enact a charter amendment by ordinance. If it is the direction of the City Council, we will prepare an ordinance for consideration within 30 days of Council receiving these recommendations. Adoption of said ordinance requires unanimous approval of all Council Members to become effective. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive conununiry that enhances the quality of life for all people and preserves the public trust BROOKLYN CENTER HOME RULE CHARTER COMMISSION April 25", 2016 Curt Boganey City Manager City of Brooklyn Center 6301 Shingle Creels Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendments to the City Charter Dear Mr. Boganey: The purpose of this letter is to transmit to the Brooklyn Center City Council proposed amendments to the Brooklyn Center City Charter. The enclosed recommended amendments are being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) of the Charter Commission's Rules of Procedures ("Rules"). Each of the recommended amendments was accepted by a 2/3 affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIU(B)(1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendments and will act on them within the timelines established in Minnesota Statutes, section 410.12, subdivision 7. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Commission's reasons behind the recommended amendment. Sincerely, Mark Goodell Chairperson Enclosure — Recommended Amendment #I BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENTS The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendments to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. The following are presented as separate recommendations that the City Council may act on individually or jointly as it determines is appropriate. Recommended Amendment #1 Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06 and 5.10 of the City Charter of the City of Brooklyn Center are hereby amended to change the terminology of "regular municipal election" to "municipal general election". Updates are detailed in the following: Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding genefal 4,. unie:^^'municipal eg neral election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regula m—m-i }municipaleg neral election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 4.01. THE REGULAR n r,1241CIPA MUNICIPAL GENERAL ELECTION. A r-egular nen }municipaleg neral election shall be held on the first Tuesday after the first Monday in November of even -numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the municipal gen -ralfe ular m^*k4pt' election, there shall be a primary election for the selection of two nominees for each elected office at the municipal generalfegu ^r au4e pftI election unless no more than two nominees file for each elective office. [City Clerk's Note: Minnesota Statutes, Section 205.065, Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.] When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.06. WRITE-IN CANDIDATES. A candidate for city office who wants write-in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh (7th) day before the general fattn eip municipal eg neral election or special election. The filing officer shall provide copies of the form to make the request. Section 4.07. CANVASS OF ELECTION. The Council shall meet and canvass the election returns between the third (3rd) and the tenth (10th) day after any fegular eg neral, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least five per cent (5%) of the total number of registered voters at the time of the last municipaleg neralregu ^r ffluni 4g^' election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form: Section 5.05. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within five (5) days after the filing of the petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five per cent (51/6) of the total number of registered voters at the time of the last municipaleg_neralregul r ,r„^'^'r^' election. If the Clerk finds the petition insufficient or irregular, the Clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for such finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the Clerk shall so notify each member of the committee of that fact and file the petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next fegulareg_neral or special election. Section 5.06. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the City Cleric shall so certify to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Cleric. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to a vote at the next municipaleg_neralregu4af mil election, but if the number of signers of the petition is equal to at least fifteen (15) per cent of the total number of registered voters at the time of the last municipal eneralr€gular• election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a r-egular-e�neral election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last municipal generalrogulaf ffltinieipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next municipaleg neral~egul r- ..~' ^'~"' election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. Submitted to the City this 25th day of April 2016. BY THE CHARTER COMMISSION Marls Goodell, Chairperson Mary O'Connor, Secretary City Council Agenda Item No. 6d TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: May 112016 SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for a Social Event to be Held July 15 through 17, 2016 Recommendation: It is recommended that the City Council consider approval of the application and permit for a temporary on -sale liquor license submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for a social event to be held July 15 through 17, 2016. Background: St. Alphonsus Catholic Church, 7025 Halifax Avenue North, has submitted an application and permit for a temporary on -sale liquor license for a social event to be held July 15 through 17, 2016, for its annual Fun Fest. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Name of oraanization ISt. Alphonsus Catholic Church Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Date organized Tax exempt number 1/1/1959 ES32045 I Address City State - Zip Code 7025 Halifax Ave N Brooklyn Center Minnesota I 55429 Name of person maki Michelle Karlson Business phone Home phone___ [763-503-3389 F Date(s) of event Type of organization 7/15/2016-7/17/2016 E] Club E] Charitable QX Religious E] Other non-profit Organization officer's name City State Zip Code Fr. Donald Willard C.Ss.R. Brooklyn Center Minnesota 55429 Organization officer's name City State Zip Code Minnesota Organization officer's name City _ State Zip Code Minnesota Organization officer's name City State Zip Code Minnesota Location where permit will be used. If an outdoor area, describe. Hall, School & Parking lot If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Catholic Mutual Relief Society of America, $500,000.00 -each occurrence APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT C� d BV0004n eenw City or County appibving the license Date Approved "15 'Co Fee Amount 5 -I 1-1 L9 Date Fee Paid Permit Date City or County E-mail Address �WW City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATIONOSTATE.MN.US iIMI NIZIM9 a, 0 UN 0 H 01 6A TO: Sharon Knutson, City Clerk FROM: Tim Gannon Chief of Police DATE: May 17th 2015 SUBJECT: St. Alphonsus liquor license permit review We have reviewed this application and spoken with the event coordinator, John Maillette. During that conversation we discussed the event security plan, parking concerns, and access to alcohol beverages only by those 21 and older. This has been an annual event that has not generated police calls or citizen's complaints in the past. At this time I see no concerns regarding the approval of this permit. City Council Agenda Item No. 6e W11110116 I a N 0 01' DATE: May 23, 2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Ordinance Amending Chapter 3 of the City Code of Ordinances Recommendation: Staff recommends that the City Council consider approving on first reading of an ordinance amending Chapter 3 including various provisions to the Minnesota State Building Code and scheduling a second reading and Public Hearing. Background: In 2015 the State of Minnesota adopted new code requirements that included the 2012 International Code Council codes with amendments. This ordinance provides for the application, administration and enforcement of various provisions and amendments to the Minnesota State Building Code including adoption of the National Electrical Code, the Residential Energy Code, the Commercial Energy Code and the Minnesota State Mechanical Fuel Gas and Plumbing Codes in the City of Brooklyn Center. Currently, the City is enforcing the new provisions under the State Building Code with authority provided through State Statutes. The adoption of this code will align our standards with the State Statutes and allow for standards to be consistent between agencies. Attached is a document produced by 10,000 Lakes Chapter of the International Code Council that provides information regarding the significant changes to the codes. The following general changes were made when the State adopted the 2012 code to replace the previously adopted 2006 code. • The code included many changes that helped to clarify the interpretation of the code. There were significant changes to the Energy Code. a Permitting requirements were adjusted. o Fences 7 feet and under don't require a permit (previously required at 6 feet) o Sheds under 200 square feet don't require a permit (previously required at 120 square feet) • The Minnesota Plumbing Code was replacing by the 2012 Uniform Plumbing Code. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life mid preserves the public trust Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Enhanced Community Image Attachment: Chapter 3 Code Amendments Significant Changes to Minnesota Residential Codes Handout �^ Alission: Ensuring an attractive, clean, safe conun inity that enhances the duality of life 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 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to building codes in the City. 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 3 OF THE CITY CODE OF ORDINANCES RELATING TO BUILDING CODES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Section 3-101, is hereby amended as follows: Section 3-101. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes, Sections 16B.59 to 16B.75, one copy of which is on file in the office of the city clerk is hereby adopted as the building code for the City of Brooklyn Center. Such code is hereby incorporated in this ordinance as completely as if set out in full. A. The following chapters of the Minnesota State Building Code are adopted and incorporated as part of the building code for the City of Brooklyn Center: 1. 1300 - Administration of the State Building Code 2. 1301 - Building Official Certification 3. 1302 - Construction Approvals 4. 1303 - Minnesota Provisions of the State Building Code and Window Fall Prevention and Radon 5. 1305 - Adoption of the 20062012 International Building Code with State Amendments 6. 1307 - Elevators and Related Devices 7. 1309 - 2006 2012 International Residential Code with State Amendments 8. 1311 — 2012 International Existing Building Code adopted with State Amendments NPr Code Existing Buildings ORDINANCE NO. 9. 1315 - Adoption of the 2405 2014 National Electrical Code 10. 1322 Solar Energy c.,s de (residential Provisions) Adopted with State Amendments 11 1323 International Energy Conservation Code (Commercial Provisions) Adopted with State Amendments 48. 12. 1325 - Solar Energy Systems 44— 13. 1335 - Floodproofing Regulations 4-2-. 14. 1341 - Minnesota Accessibility Code Amends 2012 International Building Code Chapter 11 (is based on ICC/ANSI Al 17.1/2009 4-,2. 15. 1346 - Adoption f the Minnesota Meehanieal Godo .Q fiuei i and d � i G Codes (20006 international rloeha-nieal d Fuel Gas Codes) 2012 International Mechanical and Fuel Codes adopted with State Amendments 44. 16. 1350 - Manufactured Homes 4-5-. 17. 1360 - Prefabricated Buildings 46-. 18. 1361 - Industrialized/Modular Buildings 47-. 19. 1370 - Storm Shelters (Manufactured Home Parks) 4-8-; 20. 4715 Mi Plumbing Godes 4714 2012 Edition of Uniform Plumbing �rrrrmc�oTct-r-rcriiiviii� ...,...., Code with State Amendments 21. 7511 - Minnesota Fire Code 29: 22. Minnesota Energy Code, Minnesota Rules, Chapter 7670 as provided in Minnesota Statutes Section 16B.617, and Minnesota Rules, Chapters 7672, 7674, 7676, and 7678. Section 2. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. ORDINANCE NO. Adopted this day of , 2016. ATTEST: City Clerk Date of Publication Effective Date Mayor (Str- indicates matter to be deleted, double underline indicates new matter.) v 10,000 LAKES CHAPTERL DURRADONAL ~Y l y CODEf-`QUNCIL4) SIGNIFICANT CHANGES to the 2015 Minnesota Residential Codes (MR 1303, 1309 and 1322) The following informotion contains simplified explanations of significant changes to the 2015 Requirements for Radon Control Svstems JMinnesota Provisions to the Minnesota State Building Code, MR 1.303 1303.2401 Gas permeable material (definition). Changed Item #3 for other materials, systems or floor designs to require the system to be professionally engineered to provide depressurization under the entire soil gas membrane. 1303.2402 Single vent pipe, Subp. S. Added requirement for minimum R-4 insulation on vent pipe routed through unconditioned space. Applies to both passive and active systems. 1303.2403 Radon gas vent pipe fan. When an active system (i.e. using a fan) is installed, the radon fan shall be rated for continuous operation and provide a minimum 50 cfm at'! inch w.c. In addition, a system monitoring device (audible alarm, manometer etc.) and switch -controlled luminaire and receptacle outlet near the fan shall be installed. The following information contains simplified explanations of significant changes to the 2015 Minnesota RP,JdPntinl CrOp t2ni9 lntarnatinnol Residential Code adODted with Minnesota Amendments, MR 1309). 1300.0120 Permits, Subp. 4. (1) Changed floor area for when permits are required for detached accessory structures from 120 s.f. to 200 s.f. 2 Changed fence height for when permits are required from 6 ft. to 7 ft. 1300.0120 Permits, Subp. 13. Added M515.41 requiring the permit to specify the name and address of the applicant, and the general contractor. Also requires the construction permits to be posted in a conspicuous and accessible place at the premises or site of construction. 8302.1 Exterior walls. Added new table Table 8302.1(2): Exterior Walls—Dwellings with Fire Sprinklers for reduced separation distances. R302.2 Townhouses. Restructured requirements, including new Table R302.6: Dwelling/Garage Separation. R308.4.6 Glazing adjacent stairs and ramps. Restructured requirements changed the maximum height of a hazardous location to 36 inches vertically above the plane of the adjacent walking surface of stairs and ramps. R308.4.7 Glazing adjacent to the bottom stair landing. Restructured requirements changed the maximum height of a hazardous location to 36 inches vertically above the bottom stair landing. R310.1 Emergency escape and rescue required. Added exception for basements that are protected with an automaticsprinkler s stem. R312.2 Window fall protection. Window fall protection is required in dwelling units where the lowest part of the opening is located more than 72 inches above finished grade/floor. Operable sections of windows shall not permit openings that allow passage of a 4 inch diameter sphere where such openings are located within 36 inches of the finished floor. R313.2 Automatic fire systems. Fire sprinkler systems are required in one -family dwellings 4,500 s.f. and larger (excluding garage) and all multi -family dwellings. R314 Smoke Alarms. Listed wireless alarms are allowed in lieu of hardwired interconnected alarms. R31S Carbon monoxide alarms. Carbon monoxide alarms are required in dwelling units that have attached garages or when fuel -fired appliances are installed. They shall be installed outside of and not more than 10 feet from each se arate slee ing area or bedroom and on each level containing sleeping areas or bedrooms. 1 R319 Site address. Address numbers shall be minimum 4 inches high, with stroke width of 34 inch and contrast with the background. R402.2 Concrete. Added provision in Table R402.2 specifying footings have to meet a compressive strength of s, 5000 psi under all weathering potentials. Footnote "g" on the table allows the use of 2500 psi with an approved admixture that provides a water and vapor resistance at least equivalent to 5000 psi concrete. R404.1 Concrete and masonry foundation walls. Section was rewritten for clarity on concrete and masonry foundation walls, including changes to Table R404.1(1): Maximum Anchor Bolt and Blocking Spacing for Supported Foundation Wall. Added a column indicating spacing of blocking perpendicular to floor joists in inches. 1140S Foundation drainage. Afilter membrane is required for perforated pipe foundation drains. R406.2 Waterproofing. Exterior foundation walls that retain earth and enclose below grade interior spaces, floors, and crawl spaces shall be waterproofed. Dampproofing is no longer allowed. 11501.3 Fire protection of floors. New requirement for floor assemblies to be provided with a'A- inch gypsum wallboard membrane or equivalent on the underside of the floor, unless it is constructed of dimensional lumber of 2 inch x 10 inch nominal dimension orgreater. R502.1.3 End -jointed lumber. Requires end Jointed lumber used in an assembly required elsewhere in the code to have a fire -resistive rating to have designation of "Heat -Resistant Adhesive" or "HRA" included in its grade mark. 8502.1.7 Structural composite lumber. Added requirement for structural composite lumberto be established and monitored to ASTM D 5456. R502.6 Bearing. Added requirement for ends of joist, beam or girderto bear on masonry or concrete directly, or have a sill plate of 2 inch minimum nominal thickness underthejoist, beam or girder. The sill plate shall provide a minimum nominal bearing area of 48 square inches. RS07.2 Deck ledger connection to band joist, R507.2.1 Placement of lag screws or bolts in deck ledgers and band joists. These sections contain new prescriptive requirements for deck ledgers and band joists, including corresponding tables and figures. R507.2.2 Alternate deck ledger connections. New alternate to prescriptive requirements based on accepted engineering practices. R507.2.3 Deck lateral load connection. New prescriptive provision forthe lateral load required in R507.1 to be permitted to be installed per Figure R507.2.3 with hold-down tension devices installed in not less than 2 locations per deck. R602.3 Design and construction. Table 602.3(1): Fastener Schedule for Structural Members. The fastening requirements for solid sawn lumber framing members have been reorganized into three categories related to roof, walls and floors. New requirements added for nailing roof trusses to plates (5), abutting studs at intersecting wall corners (8), connection of rim board to sill plates (26) and ledger strip supporting joists or rafters (31). Common nails have been removed as approved gypsum sheathing attachment method. Minimum thickness of wood structural panels recognized is now 3/8 inch. Clarifies that table 602.3(1) does not apply to exterior wood structural sheathing. Fastening requirements for exterior sheathing are in table 6112.3(3). R602.3 Design and construction. Table R602.3(3): Requirements for Wood Structural Panel Wall Sheathing Used to Resist Wind Pressure. New table now establishes minimum requirements forfastening, panel thickness, span ratings and stud spacing based on wind speed and exposure. R602.3 Design and construction. Table R602.3(5): Size, Height and Spacing of Wood Studs. A habitable attic is treated the same as a typical roof and ceiling forming an attic in determining wood stud size and spacing. R602.6.1 Drilling and notching of top plate. When a metal tie is required across the opening of a notched or drilled top plate, the tie must now extend at least 6 inches beyond each side of the opening. The length of the nails used in the tie has been reduced to 1.5 inches similarto joist hanger nails. R602.7.1 Single member headers. Table 602.7.1: Spans for Minimum No. 2 Grade Single Header. Includes prescriptive provisions for single member headers under limited conditions. R602.10.1 Braced wall lines, R602.10.2 Braced wall panels, R602.10.3 Required length of bracing, R602.10.4 Construction methods and Table R602.10.3(1) Bracing Requirements Based on Wind Speed. These sections have been restructured and new definitions have been added for clarity. The requirements forwind speeds less than orequal to,30 mph shall be used in Minnesota. R602.10.S and Table R602.10.S Minimum length of a braced wall panel. This section consolidates the alternate braced wall panel methods or intermittent and continuously sheathed braced wall lines together. Figure R602.10.6.3 Method PFG. New figure for portal frame at garage openings. Table R602.10.6.4 Tension Strap Capacity Required. Now in table form and shows the capacity required for 90 mph wind load in Minnesota. R602.12 Simplified wall bracing. New section that offers an alternative method to brace wall lines for detached dwellings and townhomes only when all 8 conditions are met. Note that it is limited to two stories with no cripple walls and maximum 10 feet tall walls. R611 Exterior concrete wall construction. Section has been completely revised to reflect the provisions of the neer referenced Portland Cement Association standard PCA 100. Conventionally formed above ground concrete wall provisions have been integrated with the Insulated Concrete Form ICF wall requirements. R703.1.2 Wind Resistance. Added requirement for testing and analysis of wind pressure of all cladding systems. R703.2 Water resistive barrier (general). Requires a minimum overlap of 2 inches horizontally and 6 inches vertically. Also requires the material to be continuous up to the underside of the rafter/truss top chord. R703.6.3 Water Resistive Barrier (exterior plaster). Individual layers shall be installed independently such that each layer provides a separate drainage plane. R703.8 Flashing. Requires flashing at ten specific locations, along with requiring self -adhered membranes to comply with AAMA 711. R70.3.9 Exterior Insulation and Finish System (EIFS). Revised to add new requirements and add new ASTM standards for EIFS and EIFS with drainage. R703.10.1 Panel Siding. Added new ASTM requirements for fiber cement siding. R703.10.2 Lap Siding. Fiber cement siding with a maximum width of 12 inches shall comply with ASTM requirements. R703.12.1 Adhered masonry veneer installation clearances. This section has been added to describe clearances of adhered masonry veneer above earth, paved areas, and exterior walking surfaces: • Minimum 4 inches above earth • Minimum 2 inches above paved areas • Minimum 16 inch above exterior walking surfaces R70.3.12.2 Flashing at foundation (adhered masonry veneer). A corrosion resistant screed or flashing with a minimum vertical attachment flange of 3 h inches shall be installed 1 inch below the foundation plate line on exterior stud walls. R802.1.2 End -jointed lumber. Requires end jointed lumber used in an assembly required elsewhere in the code to have a fire -resistive rating to have designation of "Heat -Resistant Adhesive" or "HRA" included in its grade ma rk. R802.1.6 Structural composite lumber. Added requirement for structural composite lumber to be established and monitored to ASTM D 5456. R802.6 Bearing. Added requirement for ends of rafter or ceiling joist to bear on masonry or concrete directly, or have a sill plate of 2 inch minimum nominal thickness under the rafter or ceilingjoist. The sill plate shall provide a minimum nominal bearing area of 48 square inches. R802.7.1 Sawn Lumber. Restructured requirements for cuts, notches and holes on structural roof members to reference R502.8.1 and clarified cantilever portions of rafter notch and ceiling joist taper cut. 11802.10.2.1 Applicability limits (of wood trusses). Applicability limits of wood trusses were changed slightly from previous code. R802.10.3 Bracing (of wood trusses). Reworded slightly to reference accepted industry practice such as BCSI installation guide for wood trusses. R802.11.1 Roof tie -down uplift resistance. Section changed roof tie down language and expanded Table R802.11: Rafter and Truss Uplift Connection Forces from Wind for different exposures. R806.2 Minimum vent area (of roof). Section format changed to allow ventilation area of 1/300 of vented space for northern climates according to Exceptions 1 and 2. R806.4 Installation and weather protection. Requires ventilators to be installed in accordance with manufacturers installation instructions. R806.5 Unvented attic and unvented enclosed rafter assemblies. Added conditions that must be metto allow unvented areas, depending on the air permeability of the insulation directly under the roof sheathing. R903.2.1 Locations (of kick -out flashing). Added requirement for kick -out flashing a minimum of 215 inches long, minimum 26 gauge when constructed of metal. Required when simultaneously re -siding & re -roofing. Not required when only re -roofing. R905.2.8.3 Sidewall flashing. Flashing required to be minimum 4 inches high and 4 inches wide. Base flashing against a vertical side wall may be continuous or step flashing. R905.2.8.5 Drip edge. REMOVED BY STATE AMENDMENT so no drip edge is required. Shingle or underlayment manufacturer may require drip edge per installation instructions. R907.3 Recovering versus replacement (of roofing). Section was removed that prohibited a second layer of roof covering. Roofs may have a second layer installed over existing layer but it must be confirmed that the manufacturer allows this. R907.3 Recovering versus replacement (exception #4 for ice barrier membrane). Allows existing adhered ice barrier membrane to remain and then covered with a new layer of adhered ice barrier membrane. The following information contains simplified explanations of significant changes to the 2015 Minnesota Residential Energy Code (2012 International Energy Conservation Cade, Residential Provisions, adopted with 1V111111C5ULU I'i111C!![ff etcfua, Irfn LJGG R103 Construction Documents. Include the following: A. Insulation materials and R values B. Fenestration U factors and SHGCs C. Area -weighted U factor and SHGC calculations D. Mechanical system design criteria E. Mechanical and service water heating system and equipment types, sizes and efficiencies. F. Equipment and system control G. Fan motor horsepower and controls H. Duct sealing, and the location and insulation of ducts and pipes I. Lighting fixture schedule with wattage and control narrative J. Air sealing details 8202 Building thermal envelope (definition). The basement walls, exterior walls, floor, roof and any other building elements that enclose conditioned space or provides a boundary between conditioned space and exempt or unconditioned space. 8202 High -efficacy lamps (definition). Lamps with a minimum efficacy of: 1. 60 lumens per watt for lamps over 40 watts; 2. 50 lumens per watt for lamps over 15 watts to 40 watts; 3. 40 lumens per watt for lamps 15 watts or less. R302.1 Interior design conditions. The interior design temperatures used for heating and cooling load calculations shall be a maximum of 72°F for heating and minimum of 75°F for cooling. R303.1 Building thermal envelope insulation. The insulation installer shall provide a certification listingthe type, manufacturer and R -value of insulation installed, including sprayed polyurethane foam (SPF) insulation. The insulation installer shall sign, date and post the certification in a conspicuous location on the job site. R401.3 Certificate. Include the following on or in the electrical distribution panel: A. Date the certificate is installed B. Dwelling address C. Residential contractor name and contractor license number D. Homeowner name, if acting as the general contractor E. Predominant installed R values and location F. Type of insulation installed in or on ceiling/roof, walls, rim/band joist, foundation, slab, basement wall, crawl space wall orfloor, and ducts outside conditioned spaces G. U-factors for fenestration and the soiarheat gain coefficient (SHGC) of fenestration H. Result of any required duct system and building envelope air leakage testing I. Types, input ratings, manufacturers, model numbers and efficiencies of heating, cooling and service water heating equipment J. Structure's calculated heat loss, cooling load and heat gain K. Mechanical ventilation type, location and capacity L Buildings designated continuous and total ventilation rates M. Type, size and location of any make-up air system N. Location orfuture location of radon fan Table 8402.1.1 Insulation and Fenestration Requirements by Component. Insulation and fenestration requirements for Climate Zone 6 (Southern Zone): Window maximum U factor: 0.32 Wood frame wall insulation: R-20 Attic ceiling minimum R value: R-49 Basement wall insulation: R-15 Floor insulation: R-30 Crawl space insulation: R-15 Slab insulation on foundation wall): R-10 Rim joist insulation: R-20 Table R402.1.1 Insulation and Fenestration Requirements by Component. Insulation and fenestration requirements for Climate Zone 7 Northern Zone): Window maximum U factor: 0.32 Wood frame wall insulation: R-21 Attic ceiling minimum R value: R-49 Basement wall insulation: R-15 Floor insulation: R-38 Crawl space insulation: R-15 Slab insulation (on foundation wall): R-10 Rim joist insulation: R-21 R402.1.1 Insulation, waterproofing and fenestration. Concrete and blockfoundation walls shall be waterproofed according to the following when required by Section R406.2 of the MN Residential Code, MR 1309: 1. Waterproofing shall extend from the top interior wall edge, across the top of the wall, and down the exterior wall face to the top of the footing. 2. If walls are exposed to the exterior environment, the waterproofing system shall have a rigid, opaque, and weather-resistant protective covering that shall extend a minimum of 6 inches below grade. R402.1.1.1 through R402.1.1.8. Specific requirements for basement wall insulation similar to the current residential energy code. R402.4.1.2 Buildingthennal envelope testing. The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding 3 air changes per hour. Testing shall be conducted with a blower door at a pressure of 50 Pascals (0.2 inches w.g.) A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at anytime after creation of all penetrations of the building thermal envelope. Results to be included in posted building certificate. R402.4.1.1 Installation. The components of the building thermal envelope shall be installed according to Table R402.4.1.1 Air Barrier and insulation Installation. R403.1.1 Programmable thermostat. Where the primary heating system is a forced-air furnace, a programmable thermostat is required. R403.2.2 Duct sealing. Ducts, air handlers, and filter boxes shall be sealed. Joints and seams shall comply with Section 603.9 of the IMC. Exception: Air-impermeable spray foam products shall be permitted to be applied without additional joint seals. IMC 603.9 Ducat sealing. All joints, longitudinal and transverse seams and connections in ductwork shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), mastic plus -embedded -fabric systems, liquid sealants or tapes. Closure systems used to seal flexible air ducts and flexible air connectors shall comply with UL 1818 and shall be marked "181B -FX" for pressure -sensitive tape or "181B -M" for mastic. Closure systems used to seal metal ducfivork shall be installed in accordance with the manufacturer's installation instructions. Mechanical fasteners for use with flexible nonmetallic air ducts shall comply with UL181B and shall be marked "1818-C." Pressure -sensitive tape shall not be used as the primary sealant on ducts, unless it has been certified to comply with UL 181A or UL 1818 by a nationally recognized testing laboratory. Unlisted duct tape is not permitted as a sealant on any duct. R403.2.2 (91) Duct tightness postconstruction test. Total leakage shall be less than or equal to 4 cfm per 100 square feet of conditioned floor area when tested at a pressure differential of 25 Pascals (0.1 inches w.g.) across the entire system, including the air handler enclosure. All register boots shall be taped or sealed. Results to be included in posted building certificate. R403.2.2 (#2) Duct tightness rough -in test. Total leakage shall be less than or equal to 4 cfm per 100 square feet of conditioned floor area when tested at a pressure differential of 25 Pascals (0.1 inches w.g.) across the entire system, including the air handler enclosure. All register boots shall be taped or sealed. if the air handler is not installed at the time of test, total leakage shall be less than or equal to 3 cfm per 100 square feet of conditioned floor area. Results to be included in posted building certificate. R403.2.2 Exception to duct tightness tests. The total leakage test is not required for ducts and air handlers located entirely within the building thermal envelope. R403.2.2.1 Sealed air handler. Air handlers shall have a manufacturer's designation for an air leakage rate of not more than 2 percent of the design air flow rate. R403.2.3 Building cavities. Building framing cavities shall not be used as ducts or plenums. R403.3 Mechanical system piping insulation. Hydronic system piping fluid above 105°F or below 55'F shall be insulated to a minimum of R-3. R403.4.2 Hot water pipe insulation. Hot water pipe shall be insulated to a minimum of R-3 in most applications. R403.5 Mechanical ventilation. The building shall be provided with a balanced mechanical ventilation system that is }J -109b of the system's design capacity and meets the requirements of R403.5.5 which establishes the continuous and total ventilation requirements for dwelling unit ventilation. R403.5.6.1.3 Airflow verification. All mechanical ventilation system airflows greater than 30 cfm at the building intake and exhaust shall be tested and verified. R403.5.17 Climatic conditions. HVAC equipment shall be sized according to ACCA Manual S or an equivalent method based on ACCA Manual .l. Oversizing of heating equipment shall not exceed 400A and oversizing of cooling e ui ment shall not exceed 150A. R404.1 Lighting equipment. A minimum of 75% of the lamps or lighting fixtures shall be high -efficacy (see 8202 definition). City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM DATE: May 23,.2016 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director o£ Building and Community Standards Specialist SUBJECT: Resolution Ordering The Correction Of Hazardous Conditions And Further For The Abatement Of Public Nuisances, Safety And Health Hazards With Respect To The Real Estate Located At 6037 Colfax Ave N Brooklyn Center, Minnesota 55430 Legally Described As Lot 002, Block 001, Dahinden's 2nd Addition, Hennepin County, Minnesota Ir -i The City Of Brooklyn Center, Hennepin County, Minnesota And Its Owner, Shawn and Shannon Gillespie. R¢commendation: Staff is recommending the adoption of the subject resolution declaring the accessory structure and the principal structure a hazardous building and life safety hazard, authorizing the City Manager to abate the nuisance. Background: The property at 6037 Colfax Ave N is cntrenfly vacant and posted as uninhabitable due to the existing health and life safety hazards relating to extensive fire damage at the property. The property was determined a vacant property in September 2, 2015. 'A Fre occurred at the property on November 22, 2015. The property had originally been in the early stages of foreclosure before the fire. As a result of the fire and a banln-uptcy £aled by one of the owners, the foreclosure process had been discontinued by the mortgage company. The structural integrity of the structm�e has been compromised and is structurally unsound, posing a risk of collapse due to the fire damage. Please see the attached inspection report relating to the conditions of the property. The following is a brief summary of actions related to this recommended Council action • August 20, 2015, the water was turned off at the property at the request of the property owner- . On September 2, 2015, the property was determined vacant and a notice to register tfie property as vacant was issued. The owner also called on this date and informed the city tfiat he has moved out of the property and was allowing the bank to take over the property. • On September 22, 2015 the fire occurred at the property causing significant damage to tfie property. • December 2, 2015, the garage and home of 6037 Colfax Avenue N was inspected and tt was determined to be a hazardous building. The structural integrity of the structure has mr:ao.,: E».vuo»g n» nrrre,rave, rrrn,,, s 1. /»casl.r mn,»,,,»rp. rr.nr <„nn»crs >or �,mn0, fnf j r olrprople nn I preserves rhe p»hOr n:rsr been compromised where there is a risk of collapse. The house is not habitable. A complete inspection report and pictures are attached. ® December 11 and 16, 2016, a city facilitated abatement was conducted of the miscellaneous junk and debris that was stored outside at the property. ® December 28, 2016, A hazardous building letter was mailed to all known interested parties requesting that the property be demolished or repaired. Also, on December 28, 2016 a conference call was held between the City, the Property owner Shawn Gillespie and Oewen Mortgage Company. The situation with discussed and the bank received permission from the property owner to perform work on the property and that the owner had no intentions to redeem to property. ® April 21, 2016 a copy of the notices was emailed to PFB Law at their request, PFB Law is the firm that was handling the initial foreclosure process. It was also discussed with Mike S. at PFB Law that the foreclosure process had not yet restarted and that the bankruptcy was no longer preventing the foreclosure. He had also stated that there was a possibility the bank was not going to pursue the property for foreclosure. ® May 5, 2016, a phone call was received from Altisource ,the servicing agent for Ocwen, regarding the demolition of the property. It was indicated that Alsisource would be obtaining an estimate for the repair or demolition of the property for their client. Based on findings, staff recommends the City Council adopt the findings of the City Inspectors regarding the hazardous conditions, and authorize the City Manager to abate the nuisance by razing the structure, removing any remaining junk and debris, and repairing the damage to the home and property, upon approval of such action by the district court. This includes removal of the foundation of the garage and house, shed, backfill of any excavations, reestablished of groundcover. If declared a hazardous property, the City will follow requirements as established by Minnesota Statutes, including but not limited to, notification and court actions as indicated in the attached Resolution. Budget Issues: The estimated direct cost of razing the garage and house is $24,000 depending on disposal and material costs. A record of costs associated with enforcement of this order will be kept including administrative time, attorney fees, and all other related costs. The property owners of record will be billed for all associated costs of abatement, and if unpaid, the costs will be specially assessed against the property. Strategic Priorities: ® Enhanced Community Image Attachments: ® Resolution ® Photos ® Compliance Notice Mission Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6037 COLFAX AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 2, BLOCK 1, DAHINDEN'S SECOND ADDITION, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA AND ITS OWNERS, SHAWN AND SHANNON GILLESPIE WHEREAS, Minnesota Statutes §463.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of neighborhoods; and WHEREAS, §3-103E, 12-1101 and 12-1102 of the Ordinances of the City of Brooklyn Center provides that any building or portion thereof which is damaged, dilapidated or unsafe or abandoned may be declared to be a hazardous building and further be declared unfit for htunan habitation and upon such declaration, the owner thereof shall make the property safe and secure immediately so that it is not hazardous to the health, welfare and/or safety of the public and does not constitute a public hazard; and WHEREAS, the fee owners and owners of record of the residential property (house and garage) at 6037 Colfax Avenue N, Brooklyn Center, Minnesota (hereinafter "the Property") are Shawn and Shannon Gillespie; and WHEREAS, the buildings and premises are hazardous by reason of the following: On December 2, 2015, the garage and home of the Property was inspected and determined to be a hazardous building. The buildings suffered severe fire damage on November 22, 2015. The roof and exterior walls are significantly compromised. The electrical system is compromised and the plumbing and mechanical systems are damaged. The garage is also in poor condition due to lack of maintenance. The structural integrity of the dwelling has been compromised where there is a risk of collapse. The house is not habitable is structurally unsound. RESOLUTION NO. WHEREAS, the City has notified the owners of record, Shawn and Shannon Gillespie as well as lienholders Ocwen Loan Servicing LLC and PFB Law PA, that the Property is a hazardous building within the meaning of Minnesota Statutes Chapter 463.15 et seq and City ordinances adopting Chapter 463.15 and has ordered them to raze and remove the dwelling and garage or rebuild according to laws and codes; and WHEREAS, neither the owners, Shawn and Shannon Gillespie, nor the lienholders, Ocwen Loan Servicing LLC and PFB Law PA, have complied with said order; and WHEREAS, the City Council of the City of Brooklyn Center adopts the findings of the City staff in the reports and photographs attached hereto and incorporated herein, as to the hazardous nature of the structure and the public nuisances existing thereon; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The City Council finds that the single family home and garage at 6037 Colfax Avenue North Brooklyn Center, Minnesota are hazardous buildings because of the extensive damage caused by fire and deferred maintenance. The structural integrity of the dwelling has been compromised where there is a risk of collapse. The home is not habitable and the premises contain an accumulation of debris and junk and the conditions thereon constitute a public nuisance. 2. The abatement of the public nuisances and hazardous conditions at said premises is hereby ordered by the City Council of the City of Brooklyn Center as follows: A. Immediate razing and removal of said dwelling or satisfactory repair of the dwelling and garage and further removal of all debris therefrom, within 30 days of the date of service of the Council's Order upon each owner. Should all interested parties fail to satisfactorily raze and remove or satisfactorily repair the hazardous buildings as laid out above, the City Manager is hereby authorized, upon an appropriate court order, to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of. all actions and proceedings herein including administrative time, attorney's fees, costs and disbursements, and all other costs of the enforcement of this Order; and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. RESOLUTION NO. ATTEST: May 23, 2016 Date Mayor 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. --`4 F``, ` ��; ��� �� 1 _�,1 _. 1 C �t �- yah �' � � � �1� J"� ,�. _ � ., _ .��:. ;, :ao � =� \`� f� , \ \ _ _ �_ -- ����\ = -- - -_ - = -- �� ' � Fes= ;� � �'=J ` v� .�:- F E_ �. _� .��.. �.s Attachment III- Notice BROOKLM A GREAT PLACE TO START Decennber 28, 2015 Shawri and Shannon. Gillespla 6037 Colfax Ave N Brooklyn Cen;er MN 55430 CENTER A CREAT PLACE TO STAY Vi':'.'`If}'ril�7t'Gvlil�'(iC'11farCi/Ct RE-, 6037 Co fax Ave N Br oo,dyn Center, tJN 55430 Dear Homeowner: An inspection of your property was conducted on 6037 Coflax Ave N and the violations at the property pose health and life safety hazards and must be corrected promptly. Please see the attached inspection report for specific information relating to the damage observed at the property. The following State Statutes apply to Your property: 0 463.15 DEFINITIONS.Subd. 3 Hazardous building or hazardous property. "Hazardous building or hazardous properly" means any building or property, which because of inadequate maintenance, &apidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. 0 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. The governing body of any municipality may order the owner of any hazardous building or property within the municipality to co rect or remove the hazardous condition of the building or property or to raze or remove the building. Due to the condition existing on your property as stated in the attached inspection report and the determination that it is a Hazardous Building you are being ordered to demolish the structure by February 1, 2016. A building permit will be required for the demolition of the two structures. If the property is not demolished by the February 1, 2016, the City may demolish the structures in according with the guidelines set forth by Minneso!a statute chapter 463. The costs, including administrative charges, will be the responsibility of the property owner, and if unpaid, will be specialty assessed to the property in accordance with MS 429 et. seq. and MS 463. If you have questions, please contact me at (763) 569-3420. Sincerely, Jesse Anderson Deputy Director of Bui;d'ng and Community Standards Attachment — Inspection Report Copy: Posted on site Copy Mailed to: Michael V. Sch.eisman, PFB Law, 55 East V Street, Suite 800, St. Paul, MN 55101-1718 Copy Mailed to: Ocwen Loan Servicing, 8425 Seasons Plorry, Woodbury, MN 55125 Copy Mailed to: Shawn and Shannon Gillespie, 7982 LAD Pkwy N, Brooklyn Park, MN 55443 City H-ih Comrnunit}, Center Polic4 & Fire Departments 630' St'r�_'e Creek Parkvtay 6301 shl. `;te Creep. Parkea6645 Nu,nbcldt Avcn ll Natn Brook pa Cen!c•, )AN 55433.2199 6ras<lyn Contac, x1'4b34K0 2142 GmN[yn Centel, MN 55433. 53 763.569 -?CM • Fax 7a3569.3494 763.569.$40( - F:,T. 761 5@? 3434 763.569 2222 • Fax 753.561.0717 Building & Community Standards De:pariment Attachment- Hazardous wilding Inspection Report Address: 6037 Colfax O ve, Broo Glyn Center, MN Inspection ®ate: December 2,,2015 Building Official, Mallory Holmen: 1 The following +rotations were cr,ed during re:;,n; inspections at the address fisted at-ove and must b corrected promptly in accordance with City and State regulations. The house (dwelling) and accessory structure (garage) is a hazardous building and structurally is unsound according to the State Building Code and Minnesota Statutes i -id cated balow. The building suffered severe fire damage from a fire on NoverrLc-r 22., 2015. The house and garage have been boarded up to prevent vandalism. There are openings within the structure allow the infiltration of pests and rain?snod,. The structural integrity of house has been compromised where there is a risk of collapse PAinnesota Statute 463.15 Subd. 3 Hazardous building or hazardous property means any building or property, wh`ch because of inndequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazzrd or a Lazard to public safety or health. - House: The house will not meet the current wind limitations and snow loads and the house cannot be entered due to interior damage. The fire started in the basement and burned upwards and significantly damaged the floor where areas of the foor are completely burned through. (2007 MN state building code chapter 1309.subpart 2). The structural rnembers on the floor had significant fire damage compromising the structural integrity due to the following conditions (012-702, 12-704): • The floor and subfloor that is used for bracing has fire damage and that has comr)romised ability to properly brace in accordance with lateral movement. • The flooring at the front door has been burned away. • The flooring and the stairs located at the rear of the dwelling have been burned and are missing. • The exterior walls supporting floor and roof loads on west side of house have significant fire damaged with charring on 90-95% of the support members to a degree of 2 inches in depth or greater. m The floor rim joist that support the main level floor joist have damage on 900/0 of the board, vnth up to one quarter inch depth in charring penetration. The subfloor materials have burned through on the main floor. o The ceiling is missing materials allowing the insulation to fall through the floor and into the lower level. " C'e3:L Pa "Navvy' XK1 Shini`_'e CrAe1. ��:r11". C 'l 5� liUrllt'oldi A-ic ruC Nz-h Qrt�! y�C r rrr! -5430 Arco. )nC�N I+�dC 9�� P. L;nl,cr, 1'17��L�0 r635s40717 top pli te, butlorn Mate and vsr;ical %V, -T studs have b^en eigniticartly charred beyond repair. - Th—,- via' sheat+ling is significantly damaged and veil1 no; meet ih mind Icad requirement. Ali metal Colts and fastener~ kava been compromizzed du to heat and must be replaced. The roof struct iral truss system is significantly compromised. (12-708) E1 There is fire damage on the top, bottom, and web cords. ci� (hc. metal mending platys are comprised due to the heat tevith-stained daring the fire ell There is damage to the roof sheathing The e,ectrical system is comprom'sed (Chapter 12-504). E The ttrlre insulatior, has been melted throughout the house Junction boxes are damaged. The main electrical mast on the rear of the garage is not supported property and has fire damage The plumbing and mechanical systems are damaged (12-709); o The heat from the fire in the basement has damaged the mechanical equipment and the plumbing. The water heater is damaged and will need to be replaced. The furnace and duct work is damage and wril', need to be replaced, The plumbing lines are damaged and will need to be replaced. The kitchen and bathroom are not functioning. The furnace and duct work, has significant damage from the fire located in the basement. The gas is turned off at the meter. The electrical system is compromised (Ch 12-504). The wire throughout the building was burned and damaged during the fire. c From the firefighting techniques, water saturated the electrical lines in areas where the wire was damaged. In areas where the wires were not severely damaged, the water has been able to penetrate the insulation and saturate the wires, The electrical system was not operable at the time of inspection. The Accessory Structure is in poor condition (Ch12-707) a The structural components are in poor condition due to the lack of maintenance. Ci , t Go; rrr.init�� Centvr r , < I iro De) [;m:n° v?v r St c cto k Fmktra7 6301 Shlr9le Crc6 Parlvxyr @ .5 Huntol3th We Noll) drx k�r, C r r t'rt E5130 Erook!r Comer, t t\ 55 Q0 P whir n ( t blit 555.•0 763.569..�w�t . Fa.: 03 56P':2S4 763-5U240 • Rax: 762559.24V 732 `.t z Q t a 7 63 5610717 Attachment IV- Order FOR THE CORRECTION AND ABATEMENT OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6037 COLFAX AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, DAHINDEN'S SECOND ADDITION, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. , a copy of which is attached hereto and incorporated herein, herewith orders Shawn and Shannon Gillespie, owners, as well as lienholders Wells Fargo Bank NA, Ocwen Loan Servicing LLC, PFB Law PA, and HSBC Mortgage Services within 30 calendar days of service of this Order, to either raze and remove the building and the foundations and fill all excavations to grade with clean fill and to remove all junk, rubbish and debris from the premises or in the alternative, to repair and rebuild said building according to law at 6037 Colfax Avenue North, Brooklyn Center, Hennepin County, Minnesota 55430 and further, if there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order, then the City of Brooklyn Center shall cause the dwelling and garage, and foundations and junk, rubbish and debris to be removed pursuant to Minnesota Statute §463.21 and City ordinances, with all costs thereof, including attorney's fees and administrative costs, to be a lien against the real estate on which said building was located, said lien to be levied and collected only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. Dated: CITY OF BROOKLYN CENTER Curt Boganey, City Manager City Council Agenda Item No_ 7a DATE: May 17, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5S, SUBJECT: Resolution Expressing Recognition and Appreciation of John Harlow for Over 41 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the attached resolution expressing recognition and appreciation of John Harlow for his dedicated service to the City of Brooklyn Center. Background: John Harlow began his employment with the City of Brooklyn Center in April 1974 as a temporary Engineering Aid, working his way through the ranks and years progressing to Deputy Director of Public Works in 2010. After more than 41 years of dedicated service to the City, John will be retiring on June 17, 2016. John Harlow has had many notable accomplishments during his employment with the City of Brooklyn Center. He exemplifies what it means to be a dedicated City employee. John is a very dependable, hard-working, conscientious, and responsible supervisor, leader and City employee. He possesses a drive to continue to learn and improve and this commitment has resulted in working his way up the ladder over the years. John has been instrumental in implementing new technologies and upgrades in the Public Works Department including: • Upgrade of fleet management software and system. • Responsible for vehicle and equipment replacement for the entire City's fleet, ensuring all replacements include the latest and greatest technologies to meet everyone's needs, plus environmental considerations when feasible. • Initiation and implementation of Total Replacement/Upgrade of Fuel Delivery and Management system. • Initiation and implementation of a Building Asset Management system. • Implementation of action plan for Chloride Total Maximum Daily Load (TMDL). • Upgrade of City's radio system. John has been instrumental in establishing and spearheading a few,of the following key projects and systems: Watershed liaison, Chloride TMDL committee member. SCADA and irrigation antenna systems study and upgrades. Capital Maintenance Building Plan annual projects, most notably the 2015 Community Center Improvement project. Alrssiau, hrerur•rn, nuattractive, dean, safe, inclusive eomrnunity that enhances the duality of life for all people anal preserves the pahlic trust • Water Treatment Plant project. • Central Park ballfields reconstruction. • Parks and Open Space renewal projects. • Emergency Management — continued planning, Federal Emergency Management Agency (FEMA) responses and reimbursements. • Fuel purchase coordination and management. • Central Garage and Fleet management, establishing and updating the equipment replacement schedule. John organized City events including a Public Works Week open house and the annual Public Works Week picnic as part of American Public Works Association (APWA) week. John always has the best interests of the City and its residents in mind in every matter at hand ranging from routine snow plowing and grass mowing to sanitary sewer backup issues. All that deal with John have received nothing but the best customer service. John has held many positions in his 41 years of employment with the City of Brooklyn Center that progressed from entry level to the top including the following: • Engineering Aid (survey crew) • Maintenance II Worker — Streets Division • Maintenance II Worker — Traffic Control Division • Streets and Parks Department Supervisor • Deputy Director of Public Works John has been past president and a very active member of the Minnesota Street Superintendents Association, member of the Minnesota Park and Supervisors and Turf Managers Association and member of APWA. John is very dedicated to maintaining a good relationship with the 49ers and participates/leads quality circles. John was a union steward and later on spearheaded the development of the City's Labor -Management Committee. John has been instrumental in ensuring a safe working environment and is the current chair of the City's Public Works Safety Committee. John is a leader in cross -departmental communication that ensures a cooperative working relationship between every single department within the City. John was and is a key part of the team that developed and continues to implement the City's "Inclusion and Diversity" goals and strategies. John's dedication to his work is unmatched and he is a large part of the backbone within the Public Works Department. He has been and is a consistent thread that makes the Public Works Department so successful with safeguarding the City interests and wellbeing. The attached resolution is in appreciation of the high degree of professionalism and proficiency that John provided to the City for over 41 years. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Key Infrastructure Investments llfission: Ensurin,; tilt attraetive, clean, safe, inclusive community that enhances the quality of fife ,for all people and preserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JOHN HARLOW FOR OVER 41 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, John Harlow has been an employee of the City of Brooklyn Center since April 1974 and will retire June 17, 2016, after more than 41 years of dedicated fulltime public service to the City of Brooklyn Center and its citizens; and WHEREAS, John Harlow has consistently provided the City of Brooklyn Center and its residents with dedicated public service during his tenure working in the capacities of Engineering Aid, Maintenance II Worker in Streets and Traffic Control Divisions, Supervisor of Streets and Parks Divisions and Deputy Director of Public Works; and WHEREAS, John Harlow was instrumental in implementing many new technologies and upgrades in the Public Works Department; establishing and spearheading many key projects and systems; modernizing and upgrading the City's pavement marking/sign inventory and replacement system; overseeing and directing equipment and staff during various emergency events from snow and ice storms to summer tornado damage; managing and operating the City's vehicle and equipment fleet system; planning and implementing the parks and open space renewal projects; served as Union Steward and spearheaded the City's Public Works Labor Management Committee; and John has been an active member of the Street and Park Superintendents Association (past president), Public Works Association and Minnesota Park and Recreation Association; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which John Harlow has discharged his duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of John Harlow is hereby recognized and appreciated by the City of Brooklyn Center. May 23, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7b DATE: May 17, 2016 TO: Curt Boganey, City Manager FROM: Acting Fire Chief Gary Hen son SUBJECT: Approve Acceptance of $2,220.00 for the Purchase of a Thermal Imager and Pagers from the Brooklyn Center Sons of the American Legion. Recommendation: It is recommended that the City Council consider acceptance of $2,220.00 for the purchase of a thermal imaging camera and two new pagers for the fire department. Background: On April 28th the Brooklyn Center Fire Department requested funds from the Brooklyn Center Sons of the American Legion in the amount of $2,220.00 to purchase a new thermal imager and new pagers for the fire department. On Friday May 13th 2016 the fire department was notified our request had been fulfilled along with the accompanied check in the amount of $2,220.00 for our requested purchases. Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive communily that enhances the quaH07 of life for all people and preserves the public trust its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER SONS OF THE AMERICAN LEGION POST 630 IN SUPPORT OF PURCHASING A THERMAL IMAGER AND PAGERS FOR THE FIRE DEPARTMENT WHEREAS, the Brooklyn Center Sons of the American Legion Post 630 has presented to the City a donation of Two Thousand Two Hundred Twenty Dollars ($2,220.00), and WHEREAS, they have designated that the donation be used to purchase a thermal imager and pagers for the fire department, and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center Sons of the American Legion Post 630 for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: ATTEST: 1. Acknowledges the donation with gratitude. 2. Allocates the donation to the designated program account. May 23 2016 Date City Clerk Mayor 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. �� F�� �r�ra� d ]r A GREAT PLACE TO START, A GREAT PLACE TO STAY Bill Vetter Sons of the American.Legion 6110 Brooklyn Blvd Brooklyn Center, MN 55429 April 28, 2016 Dear Mr. Vetter, Last fall the Brooklyn Center Fire Department.purchased a new fire engine to replace an older engine which was severely damaged by a drunk driver on interstate 94 while firefighters were tending to a medical emergency. The fire engine was damaged beyond repair and replaced; yet its replacement caused a significant budget shortfall for other needed equipment for the vehicle and the department due to its untimely replacement. Therefore the Brooklyn Center Fire Department is looking for a donation to help purchase a new thermal imaging camera for our new engine and new pagers to replace old ones which we are having difficulty obtaining parts for. The new thermal imager will be of great benefit for the safety of the community and the firefighters serving within. The fire department wishes to purchase a FUR K2 thermal imager at a cost of $1300.00. Additionally the department wishes to purchase new pagers for the fire department to replace ones which have met their useful life; the cost of new pagers for the fire department is $460.00 per unit. The replacement of our current pagers will afford clearer communication of the location and the type of incident we need to respond to. Should your organization have any funding to assist us with our equipment needs now or in the future please feel free to contact me. Kind Regards, Deputy Fire Chief Gary Hendrickson City Hall Community Center Police i•! Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway Humboldt Avenue North Broo Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 763.569.3300 - Fax: 763.569.3494 763.569.3400 • Fax: 763.569.3434 763.569.3333 • Fax: 763.561.0717 City Council Agenda Item No. Sa COUNCIL ITEM MEMORANDUM DATE: May 18, 2016 TO: Curt Boganey, City Manager o��/��/�,�\,{ \\����� FROM: Sharon Knutson, City Clerk �'�' 1W W "'dI l I �""' �� SUBJECT: An Ordinance Amending Chapter 5 of the City Code of Ordinances Relating to Fire Prevention Recommendation: It is recommended tfiat the City Council open the Public Hearing, lake public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 5 of the City Code of Ordinances Relating to Fire Prevention. Background: At its April 25, 2016, meeting, the City Council approved first reading of An Ordinance Amending Chapter 5 of the City Code of Ordinances Relating to Fire Prevention. Attached are the materials provided at the April 25, 2016, meeting. The second reading and Public Hearing are scheduled for May 23, 2016. Notice of Public Hearing was published in the Brooklyn Center Sun -Post newspaper on May 5, 207 6. If adopted, effective date will be June 4, 2016. Mlsslon: Ensn+'ing nn nnrrtcllv¢, clean, s T. hxclas/ve convrxun/p� Ibnr enbmrces it a 4++rslFy of/lje for rs!/PeoP/e nntlpr+eserves lbe ynb/1c bars/ 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 23rd day of May, 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 purpose 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: ORDINANCE NO. 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 5-104. 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 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 pWose 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 dangerous condition; and it shall be unlawful for an 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 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: 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 in his or 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 " isdiction" 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, 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. 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 been any 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 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 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 smolce 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. C. Special provisions for rental properties Where battery-operated smoke alarms are allowed by code they shall meet the following conditions: 1 Installation Properly installed and maintained in co=l-iance with Minnesota State Fire and Building Codes and manufacturer specifications. 2 Maintenance Maintained in an operable and good condition. 3 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. 4 Owner Responsibility. Property owners or their owner's agent must advise tenants to notify the owner/agent about faulty, defective or inoperable smoke alarms. 5 Tenant Responsibility. 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(sl in compliance with applicable codes. 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 to 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 issuedby the UL Listed contractor for all newlv 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 "faulty" 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 I-3 occupancies. C. Automatic sprinkler systems in one and two-family dwellings. 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 egujpment 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 P 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 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. Anv 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 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 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 Vehicle_ s 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 ground 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 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 cooldng 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 (1) foot below grade A pit must be located at least twenty-five (2D 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. ¢ 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 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. 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 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. 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 ($1,0001 or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. The hazardous condition that involved 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 NRESIDENTIAL 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 ORDINANCE NO. 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 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. Section 5-301 FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement or cellar in every building hereafter erected in the I-1 (Industrial Par I-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 NFPA 13 Every story, basement or cellar in every building exceeding three stories in height hereafter erected in any residential (R1 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 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 building. 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 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 ORDINANCE NO. 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 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 2016. ATTEST: City Clerk Date of Publication: Effective Date: Mayor (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 fiinctions 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 ofBrooklyn 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 •ed 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, 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 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 chief s 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. 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 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. i. 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 fiom 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, film 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 involved 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 1-1 (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 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 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 City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: May 23, 2016 TO: Curt Boganey, City Manager FROM: Tim Beneffi, Planning and Zoning Specialiste.{ THROUGH: Gary Eitel, Director of Business and Development /-`� SUBJECT: Resolution Regarding the Disposition of Plannirig Commission Application No. 2016-005, Submitted by Parents in Community Action, Inc. Requesting Consideration of a Special Use Permit in the C-1 Service/Office District to Operate a Licensed Daycare. Facility with Early Childhood Programs and Education, located at 6415 Brooklyn Boulevard Recommendation: It is recommended that the CiTy Council, following consideration of this item, adopt the resolution regarding the disposition of Placuing Commission Application No. 2016-005, submitted by Parents in Community Action, Inc. (PICA) requesting consideration of a Special Use Peiinit in the C-1 Service/Office District to operate a licensed daycare facility with early childhood programs and education, located at 6415 Brooklyn Boulevard Background: The proposed childcare center is identified as the Aubrey Della Early Childhood Family Development Center. The subject property is located in the C-1 Service/Office District. Per City Code Section 35-320, Subdivision 3.b, Groff davcare Facilities are listed as special uses under the C-1 district. Group daycares are defined as: "R facility licensed by the Minnesota Department of [Human Services) to provide child care far six or more children at one time. This term also includes, but is not Zimited to, facilities having programs for children known as nursery schoals, dory nurseries, chitd care centers, play groups, day care centers, cooperative day care centers and Head Start programs." At the May 12, 2016 Planning Commission meeting, the Conmiission conducted a duly noticed public hearing on this item, and received no comments (for or against) regarding this application. Excerpt minutes from this meeting are attached £or the Council's review. Also attached for Council consideration is the Planning Report; along with a copy of adopted Planning Commission Resolution No. 2016-04, which provides a Favorable and unanimous (4-O) recotnntendation from the Planning Commission of this special use permit request. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Targeted Redevelopment Mlsslon: Ensnrhrg nn rrttroct/v¢, Nrme, srl , bmhrsly¢ coruuvurhy tGnf eul nnccr the 9::m/Iry f/l For a//pr.'oP/r onrl Preserves the Preh//c nzrsr Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2016 - RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-005 SUBMITTED BY PARENTS IN COMMUNITY ACTION, INC. FOR SPECIAL USE PERMIT TO OPERATE A LICENSED DAYCARE AND EARLY CHILDHOOD EDUCATIONAL FACILITY IN THE C-1 SERVICE/OFFICE DISTRICT, LOCATED AT 6415 BROOKLYN BOULEVARD WHEREAS, Planning Commission Application No. 2016-005 submitted by Parents in Community Action, Inc. ("Applicant") proposes a Special Use Permit to operate a licensed Daycare and Early Childhood Educational Facility in the C-1 Service/Office Zone, located at 6415 Brooklyn Boulevard, ("Subject Property"); and WHEREAS, the Subject Property is situated in the C-1 Seivice/Office District and pursuant to City Code Section 35-320, Subdivision 3.b, " Group daycare facilities" are listed as special uses in the C-1 zoning district"; and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2016-005; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on May 12, 2016, whereby a city planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. WHEREAS, the Planning Commission determined that Planning Application No. 2016-005 may be approved based upon the standards used to determine and approve a special use permit appear to have been met, which are noted as follows: A. The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or comfort. B. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminishes and impairs property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. RESOLUTION NO. 2016 - D. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. E. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. AND WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2016-04, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2016-005, a Special Use Permit to operate a licensed Daycare and Early Childhood Educational Facility in the C-1 Service/Office Zone, located at 6415 Brooklyn Boulevard, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that a the Special Use Permit to operate a licensed Daycare and Early Childhood Educational Facility in the C-1 Service/Office Zone, located at 6415 Brooklyn Boulevard is hereby approved, subject to the following conditions: 1. The Special Use Permit is granted for a group daycare and early childhood/Head-Start educational facility, subject to the granting of a license for this operation by the Minnesota Department of Human Services. The applicant shall show proof of this licensing and have a current copy of said license on file with the city. 2. The daycare facility as proposed by the applicant meets the Standards for Special Use Permits contained in Section 35-220, Subdivision 2b of the Zoning Ordinance. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C-1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood or the community. 3. The Owner/Applicant must provide evidence of a recorded deed restriction; or prepare and record a new joint parking agreement between PICA and the current owners of the neighboring property located at 6437 Brooklyn Boulevard. 4. The Owner/Applicant acknowledges the future potential impact of the raised, center median traffic control devise to be installed under the future Brooklyn Boulevard Corridor Roadway Improvements by Hennepin RESOLUTION NO. 2016 - ATTEST: County and City of Brooklyn Center, tentatively scheduled for Year 2021, or thereafter. 5. The Special Use Permit is subject all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 6. All new or replaced signage for the Subject Property must comply with the standards and provision set forth under City Code Chapter 34 -Signs. 7. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit. 8. The play area shall be provided in a manner consistent with Section 35- 411, Subdivision 6 of the city's zoning ordinance and be continually maintained in this manner. 9. The required 6 ft. high opaque screening required along the south property line shall be repaired or replaced, and maintained in a manner consistent with the requirements of the city ordinance. 10. Any plans for remodeling and occupancy of this building are subject to approval of the Building Official and/or Fire Chief prior to the issuance of any licenses or permits. May 23, 2016 Date Mayor 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 12, 2016 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:36 p.m. 2. ROLL CALL Chair Randy Christensen, Commissioners Jack MacMillan, Carlos Morgan, and Stephen Schonning were present. Commissioners Rochelle Sweeney and Susan Tade were absent and excused; and Commissioner Alexander Koenig was absent and unexcused. Also present were Director of Business & Development Gary Eitel and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3. CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 4. APPROVAL OF MINUTES — APRIL 28, 2016 There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to approve the minutes of the April 28, 2016 meeting as submitted. The motion passed unanimously. 5. PLANNING APPLICATION ITEMS 5a) APPLICATION NO. 2016-005 PARENTS IN COMMUNITY ACTION, INC. - CONSIDERATION OF A SPECIAL USE PERMIT TO OPERATE A LICENSED DAYCARE FACILITY IN THE C-1 SERVICE/OFFICE ZONE, LOCATED AT 6415 BROOKLYN BOULEVARD Chair Christensen introduced Application No. 2016-005, consideration of a Special Use Permit to Operate a Licensed Daycare Facility in the C-1 Service/Office Zone, to be known as The Aubrey Della Early Childhood Family Development Center (See Planning Commission Report dated May 12, 2016 for Application No. 2016-005). It was noted that legal notice was published in the local Sinn -Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. PC Minutes 05-12-16 -1- DRAFT Mr. Eitel stated Planning . Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2016-005, with the conditions noted in the Planning Staff report and also similar in the Resolution. Mr. Eitel provided background on this site and stated in 2007 this site was a different childcare facility and the license for the business had been revoked by the Department of Human Services (DHS). He noted this is the reason for the Special Use Permit being requested to Operate a Licensed Daycare Facility in the C-1 Service/Office Zone. Commissioner Morgan asked for clarification on the location of where the center will be located and referenced a map on the power point presentation that Mr. Eitel provided. He also asked why the Department of Human Services had revoked the previous facilities license. Mr. Eitel replied the license was revoked due to operational issues. He stated that is why this is an application for a special license, to operate a similar business previously licensed in this location. OPEN TO PUBLIC COMMENTS — APPLICATION NO. 2016-005 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner MacMillan, seconded by Commissioner Morgan, to open the public hearing on Application No. 2016-005, at 7:52 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. Rico Alexander, Minneapolis, MN - Head Start Director, shared some history on the Head Start Program. He stated they are a nationally recognized and award winning non-profit organization that has been around for over 40 years. He noted they currently provide services to over 2,000 low-income children and families in the Hennepin County area. He stated they mainly serve Brooklyn Center but plan to extend to North Minneapolis residents in the near future. He also noted they will provide busing transportation for the children they serve, which will not cause any issues with traffic in the area as well. Commissioner Morgan asked how the busing will work and where the children will get dropped off within the location. Mr. Alexander replied they are still in the process of finalizing the best location, but have decided they will either drop the children at the main front entrance or the bus will pull around the back and drop the children at a backdoor entrance. Mr. Alexander stated a main part of the Head Start Program is to provide nutrition to low-income children and families and to provide more than the typical three meals a day provided to all children attending the facility, they partner with local food shelves and once a month have a food shelf at two of the biggest Head Start locations to provide their families with the food and nutrition needed for their homes as well. Commissioner Morgan asked if this food shelf service will be provided at the Brooklyn Center location. Mr. Alexander replied that they typically hold the food shelf at the two largest PC Minutes 05-12-16 -2- DRAFT locations which are both located in Minneapolis. He did note that should the Brooklyn Center location grow and if they need was great, they would accommodate the needs of the families they serve. Mr. Alexander stated the only issue they currently have with the location is cosmetic work that needs to be corrected. He noted the fencing is a top priority as outlined in the application and they will have that repaired prior to opening. Mr. Alexander reiterated it is important to understand PICA (Parents in Community Action, Inc.) is a parent founded and run organization. They provide services to many backgrounds and are the leading forefront for Head Start Programs. Commissioner Morgan asked what issues they anticipate will occur in the future that they plan to overcome as a program. Mr. Alexander stated the first issue is lack of space; and noted they were fortunate to get the space in Brooklyn Center, but not always so fortunate in all areas. Mr. Alexander also stated a second issue they plan to overcome is finding quality staff members to train and provide the best services to the families they serve. Gretchen Hengemuhle, Senior Advisor for Head Start stated the services they provide are only as good as their staff and that is why they provide extensive training and offer many educational opportunities for their staff. She stated they invest in their own people to start the process of being able to invest in children's futures. Commissioner Schonning stated he is very pleased they will be serving their community and is looking forward to their presence. He noted the only issue he sees as an eminent work order is that they repair the fence. Commissioner Morgan echoed these sentiments and asked when they plan to open. Mr. Alexander replied they hope to open June 14, 2016 and look forward to getting their programs open and provide services to the community. Chair Christensen stated he was happy about what they will bring to the community and in agreeance with Commissioners Schonning and Morgan that the only issue is repairing the fence prior to opening. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to close the public hearing on Application No. 2016-005. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-04 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-005 SUBMITTED BY PARENTS IN COMMUNITY ACTION, INC. (PICA). PC Minutes 05-12-16 -3- DRAFT There was a motion by Commissioner Schonning, seconded by Commissioner Morgan, to approve Planning Commission Resolution No. 2016-04. Voting in favor: Chair Christensen, Commissioners Schonning, MacMillan, and Morgan. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its May 23, 2016 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 6. DISCUSSION ITEMS 6a) Liquor License Issuance and Fees Associated Commissioner MacMillan requested discussion on a previous topic regarding liquor license acquisitions within the City. He asked Mr. Eitel if he had received any information on the reasoning for the City having fees that are about 60% higher than surrounding cities. Mr. Eitel stated he followed up with the City Clerk and was informed the licensing fees and regulations have been in place for 20 years at least and the cost to gain a liquor license is about $14,000.00. He stated once you have an established liquor license and history, he believed the cost of the fees comes down. The Clerk confirmed there didn't seem to be any apparent reason the fees have remained the same for so many years. He stated the assumption is the amount for the license just hasn't been questioned in the past. Chair Christensen stated he would like to bring this topic up to the City Council and get a discussion going on the agenda. He stated his concern is that the high cost of a liquor license could deter businesses from opening in Brooklyn Center and they want to ensure they are remaining business friendly, so he would like to look at options make this more affordable. He asked -if he should draft a memo as a home owner and bring it to the City Council at Open Forum or if it is best to get this item on the agenda as a Planning Commission item. Mr. Eitel responded his best course of action is to provide a memo and request this topic as a Planning Commission item. He noted he will draft a memo for them to get that topic started. Mr. Eitel also noted what has been expressed to him as the major problem for businesses seeking a liquor license within the City is the requirement that the business has to have a certain percentage of seating capacity in order to obtain the license. He stated many businesses such as Chipotle do not meet that seating capacity, yet they would like to obtain the license to provide liquor to their customers. Chair Christensen and Commissioners MacMillan, Schonning, and Morgan agreed to add this topic to the next agenda as a discussion item. PC Minutes 05-12-16 -4- DRAFT There were no other discussion items. 7. OTHER BUSINESS None at this time. 8. ADJOURNMENT There was a motion by Commissioner Morgan, seconded by Commissioner MacMillan, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:23 p.m. Chair PC Minutes 05-12-16 -5- DRAFT ��� BFOOR'Ll'N CEXTER Planning Commission Report Application Piled: 04/22/16 ( Meeting Date: May 12, 2016 Review Period (60 -day) Deadline: 06/21/16 . EMension Declared: N/A . Extended Review Period Deadline: N/A Application No. 2016-005 Applicant: Parents in Community Action, Inc. Location: 6415 Brooklyn Boulevard Request: Special Use Permit to Operate a Licensed Daycare est Early Childhood Educational Facility in the C-1 Service/Off ce Zone INTRODUCTION Mr. Rico Alexander, Director o£ Parents in Community Action, Inc. ("PICA") is requesting consideration of a new Special Use Permit to operate a State of MN licensed daycare facility for children, along with early childhood development programs and education for infants, toddlers and preschoolers. The new facility will be named the "Aubrey Della Early Childhood Family Development Center." The subject property is located at 5421 Brooklyn Boulevard, which once contained the former Arena Learning Center daycare facility. This item is being presented render a duly noticed public hearing; with meeting notices mailed to all surrounding properties within 350-R. o£the subject site. COMPREIIENSIVE PLAN AND ZONING STANDARDS Land Use Plan: Oflice/Service Business ( Current Zoning: C-1 Service/Office Szrrrortnding Zoning: North: C-1 Service/Office East: Garden City Elem. School / C-2 Commerce South: R-1 One Family Residence West: R-5 Multiple Family Residence Site Area: 1.28 acres SetbacX Standnrds: Building: Front Yard = 35-R.; Rear Yard = 40-R.; Side Yard (Interior) = 1 O R.; and Corner Side -Yard = 25-R. Parking: 15-R. from any street right -of --way line Request Conforms to: Land Use Plan: Yes Zoning Ord: Yes (subject to this special use permit approvals) Subdivision Ord.: Yes Sign Ord.: (No signs planned or under consideration at this time). Variance Needed for Request: No PICA/Aubrey delle SUP PC OS/l2/t6 Page 1 BACKGROUND The subject property is a triangular shaped parcel, and contains an approximate 8,600 sq. ft. office building that the applicant intends to re -use as a childcare and early education facility. The property is bounded on the north by the Brookhaven Apartments and the Bmok Park Dental Center offices, Brooklyn Boulevard and Garden City Elementary School to the east and opposite side of the street; and the sorlth with typical single family residential homes. The existing building was approved for Site and Building Plan under Planning Application No. in December 1978 as a general office building, which was later constructed in 1981. Related to this original site plan approval, the City also approved a separate special use permit to allow a shared parking agreement between the subject property and the property to the north. This shared parking arrangement will be addressed tater in this report. Per Section 35-320, Subdivision 3.b of the Zoning Ordinance, "Group daycare facilities" are listed as special uses in the C-1 zoning district. The Zoning Ordinance deFnes group daycare Facilities as a "facility licensed by the Minnesota Department of Human Services <"DHS") to provide childcare for six or more children at one time. This term also includes, but is not limited to facilities having programs for children ]crown as nursery schools, Head Start or early childhood education programs and daycare centers. Y[CA/Aubrcy Della SUP YC 05/32/16 Page 2 In 2007, Arena Learning Center received a special use permit to operate a licensed childcare facility at this location- This daycare operated up until May 2014, when Arena's DHS license was revolted for various violations. As per City Zoning Code Section 35-220; Subpart 5, R Y d E t f Snecial Use Permits: In any instance where an existing and established special zrse is abandonedfor a period of one year, the special use permit related thereto shall expire one year foZZowtng the date ofabandonment- Due to this previous abandonment, the City requires the resubmittal of a new Special Use Permit for this similar childcare use. The former Arena Center also provided en outdoor recreational area with play -ground equipment on the south side of the building. This equipment appears to be in relatively decent shape, and any modifications or upgrades will be done by PICA as needed. PICA has also applied for a program license fi-om DHS relating to the operation of this facility, which is currently render separate review by the agency. The original notice letter from DHS to the City indicated PICA seeks to provide daycare services for 96 children; however, the applicant's narrative indicated: "PICA will serve 184 children and families in both Head Start and Early Head Start classroomsY When asked about this discrepancy by planning staff, Mr. Alexander responded with the following: "PICA'S licensing appolcation to MnDHS for the Aztbrey Della Early Childhood Family Development Center will be adjusted to reflect Chtdd Care services at the capacity II6 children on any given day- However, we will serve at a minimum I84 children in total in PIr:A/Aubrey Della SUP PC 05/12/16 Page 3 any given week. We have model where two different groups of children attend classes on different days of the week. We will never serve more than our center is license for." Although city zoning regulations do not place a limit on the number of children served in such a facility, clarification of this point is in order, which is more of a function of the State's licensing program. The City has requested the DHS to hold off granting any program license until such time as a Special Use Permit has been fully considered and granted by the City of Brooklyn Center. SCOPE of REQUEST The applicant has submitted a narrative outlining their proposal, which provides a detailed explanation of how they will comply with the zoning requirements applicable to a childcare facility (copy attached). PICA will provide at a minimum 24 frill -time living wage jobs at the Aubrey Della Early Childhood Family Development Center, listed as follows: ® 1 Center Director (Management) ® 1 Receptionist/Records Clerk (Clerical) ® 1 Janitor (Maintenance) ® 1 Engineer assigned to the center (Maintenance) ® 1 Cook (Food -service) ® 14 Teachers (Education) 0 2 Parent and Child Advocates (Social Service) ® 3 Bus Drivers (Transportation) The center will be open from 6:30 am to 6:00 pm. Classes will operate between that time -frame, however they did indicate an occasional evening event for parents. PICA provides door-to-door transportation for all of the children by private busing services, and provides personal bus monitors on every trip to and from the child's home to assist with helping children safely and securely on the buses, accounting for children, first aid (as needed) and emergency evacuations. All children will be picked up and dropped off at the front of the building with the assistance of the bus monitors and teachers. According to the Applicant, there are no plans to do a major remodel or overhaul of the interior facility, as it was previously remodeled to accommodate the former Arena Learning Center in 2007. As indicated herein, daycare/childcare uses and any related pre-school educational activities, are listed as special uses in the C-1 District, provided they meet certain criteria established in the ordinance and also are consistent with the city's standards for special use permits. Such facilities are required to be compatible with and complimentary to existing adjacent land uses as well as those uses permitted generally in the C-1 district and also be of comparable intensity to permitted C-1 uses. These uses are also to be designed to assure that generated traffic will be within the capacity of PICA/Aubrey Della SUP PC 05/12/16 Page 4 available public facilities and not have an adverse impact upon those facilities, the immediate neighborhood or the community. Traffic generated by the approved use must not pose a threat or danger to the children served by the daycare use. Furthermore, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than 4 ft. in height; shall be located contiguous to the daycare facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-400; shall not have an impervious surface over more than half the playground area; and shall extend at least 60 ft. from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. SPECIAL USE PERMIT ANALYSIS As with all special use permits (and pursuant to City Code Section 35-220, Subdivision 2, the Planning Commission recommends approval or denial of a permit upon demonstration of evidence or findings that show the following standards are met or will be met once approval is granted by the City Council: a) The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The analysis of this special use provides staff responses or findings based on these five standards, noted as follows: a) The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Under City Code Section 35-320, the child care facility must demonstrate that it would be or will become compatible with existing adjacent land uses, as well as with those uses permitted in the zoning district the use is taking place, and generally the surrounding uses. As noted in the introduction, the existing neighboring uses consist of a dental clinic to the north; a large multiple family residence use to the west; a local elementary school to the east; and typical single-family PICA/Aubrey Della SUP PC 05/12/16 Page 5 residence to the south. These properties are the type that can function near a child care facility without disturbance to the use of property. Additionally, the fact that a school is currently located in the area indicates that the adjacent properties operate with little trouble from children being located nearby. Planning staff is aware that their my be a lack of childcare services available in the City of Brooklyn Center, as we continue to see a rise or increased number of inquiries in providing such services. This Special Use Permit for Aubrey Della/PICA will help fill a void that may be existing or known today, and provide child care services to the families and workers in Brooklyn Center. Therefore, the Project will further the public welfare by providing a service needed by local families. Staff believes this new childcare center with child educational programming at this location, will not be a detriment to this particular site or surrounding neighboring uses; nor should this special use pose any dangerous situations that would affect the general public, in either health, safety, morals or comforts. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impairproperty values within the neighborhood The current mix of property uses indicates that the neighborhood was intended as a residential area, with certain limited commercial or service uses that would be complementary (and considered an amenity) to these surrounding residential uses. Specifically, residents need dental clinics and schools, both of which are adjacent to the subject property. A child care facility, which is similar to a school, would be the addition of another amenity for the local residents. Moreover, neighboring residents could have children cared for across the street from their elementary school before and after the school day. Thus, the Project could complement the existing uses. The Project will not produce any noxious or offensive odors or noise and will not produce late night activity or draw individuals who are likely to interfere with neighboring property. This use and activity is distinguishable from other such uses that might be noisy, create a lot of truck or commercial vehicle traffic, or those that produce disturbances at inconvenient hours. The buses and small number of parents dropping off and picking up children will in no way interfere with or injure nearby properties. Staff does not believe the operation of this childcare center will be injurious to the uses and enjoyment of other properties, nor diminish and impair property values within the neighborhood. Therefore, Staff believes this childcare facility to be acceptable under this standard. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The surrounding property is fully developed with uses that are not likely to change in the near future. Accordingly, this is not a major concern. The Property has remained vacant and for sale for nearly two years; therefore the Property has not been in use for some period of time, and this proposed use is simply a continuation of a previously approved and logical use for this property, and fulfils the normal and orderly development of the neighborhood. PICA/Aubrey Della SUP PC 05/12/16 Page 6 Further, the approval of this special use should not prevent a new or permitted office/service development in the future, as there are no plans to rezone or amend the land use at this time. A childcare facility will produce the most activity during the early morning and late afternoon to early evening because these are the periods when parents will be dropping off and picking up their children. Even during these peak activity times, the intensity will be comparable to the other office/service uses provided for under the Cl classification. This is because the other Cl office uses will produce similar activity during the same periods, due to employees arriving at and departing from their places of business. Moreover, the daycare will likely produce less activity than other office/service uses in light of the fact that PICA provides daily bus services for all its children. This is, in some cases a sharp contrast to other office/service uses where nearly all users of the property (i.e., employees, customers, delivery trucks) arrive by their own vehicles. Staff does not believe any impediments will be made or caused by the new childcare use, nor cause any long-term or negative impacts to this area or other users of this C-1 zoned site. d Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The Property is located adjacent to Brooklyn Boulevard, a major thoroughfare in Brooklyn Center. This street is well traveled and designed to handle a large volume of traffic. The Property was originally developed for a dentist office, which later converted over to the childcare/pre-school education center for Arena. This former use more than likely generated comparable traffic levels, so Planning Staff predicts the proposed new childcare use would have little if any negative impact upon these existing and future traffic patterns. Furthermore, the existence of a school directly east of the Property indicates that this area was designed to absorb a relatively large volume of traffic during the times the Project will produce traffic. Therefore, there will be no adverse traffic impact (via buses, parents, employees) from the Project. The Property will only be used as a child care facility, so this is not a concern. However, any dangers posed by traffic from the surrounding sites will not pose a threat because the children will only be outside in the rear of the building within an enclosed area. On December 18, 1978, the City Council approved Planning Application No. 78065, which approved the site plan for an 8,800- sq. ft. office building, with 63 parking spaces. Based on the "usable gross square footage" of 8,600 sq. ft. — the City allowed the allocation of 43 spaces for use by the original office space, while the extra 20 spaces were reserved for Brookpark Dental, located to the immediate north at 6437 Brooklyn Boulevard, The City Council approved (Planning App. No. 78067) a separate special use permit to allow a shared parking agreement between the subject property and Brookpark Dental, which also specified a deed restriction to be filed (recorded) against both properties that recognized this shared parking arrangement between both properties. City records however, are absent of any proof or documentation that this deed restriction was ever filed. It appears however, that based on a recent real estate marketing brochure, this shared parking arrangement is still in effect between both properties, with 46 spaces reserved for the subject use, and 22 identified under PIC dAubrey Della SUP PC 05/12/16 Page 7 "easement parking". To ensure that this parking is maintained, Planning Staff requests the Owners provide some form of evidence (e.g. a document that may already be recorded) or recorded deed restriction or "Joint Parking Agreement" between PICA and the current owners of Brook Park Dental offices. According to recent (2015) aerial photos of this site, it appears the Subject Property contains only 59 marked parking spaces to support this building space. If the City were to hold the owners to the 20 spaces approved under the 1978 Agreement, that would leave 39 spaces available for the full-time or regular workers at this facility, which would probably include the director, teachers, receptionist, and on-site assistants ( approximately 18 employees). The remaining 21 spaces should provide adequate parking spaces for occasional visitors or parents who may need to conduct business inside the center. It should be noted that the current layout of the adjacent Brooklyn Boulevard roadway system in this area, includes 4 lanes of vehicle traffic with acenter-turn lane for le8-hand movements into the site. The undivided roadway also allows for free ]eft -hand turns exiting the site for those vehicles travelling northbound (reFer to Pictometry image below). As the Commission is aware, part of the approved Brooklyn Boulevard Corridor Study in this area identified a future center divided median control, which would prevent future left-hand turns for northbound vehicles into the site, or any left-hand toms (northbound) from the site as we71 (see Brooklyn Blvd. Corridor Study Map image below). P1CA/Aubrey Delle SUP PC 05/l2/16 Page 8 This section of Brooklyn Boulevard is scheduled under a 2^`x Phase of this corridor reconstruction project, slated for 2021 - The access point into the subj ecti site will not be affected. e_ The special use shall, in all other respects, conform to the applicable regulations of fhe district in which it is located. Staff believes this new childcaro facility meets all the special use permit standards allowed under City Code Section 35-220; and should be considered an acceptable use under the cun'ent C-1 Service/Office District uses. RECOMMENDATION Recommend the Planning Commission adopt the Resolution No. 2016-04, which provides a favorable recommendatiott to the City Council to approve Planning.Application No. 2016-005, the Special Use Permit by Parents in Community Action, Inc. to operate a licensed daycare and early childhood educational facility in the C-1 (Service/OfYicej Zone, subject to the following conditions: 1. The Special Use Permit is granted for a group daycare and early childhood/Flead-Stan educational facility, subject to the granting o£ a license for this operation by the Minnesota Department of Human Services- The applicant shall show proof of this licensing and have a current copy of said license on file with the city. 2. The daycare facility as proposed by the applicant meets She Standards for Special Use Permits contained in Section 35-220, Subdivision 2b of the Zoning Ordinance. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to rises allowed in the C-1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the. capacity of PICLA/Aubrey Della SUP PC 05/12/16 Peee 9 available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood or the community. 3. The Owner/Applicant must provide evidence of a recorded deed restriction; or prepare and record a new joint parking agreement between PICA and the current owners of the neighboring property located at 6437 Brooklyn Boulevard. 4. The Owner/Applicant acknowledges the future potential impact of the raised, center median traffic control devise to be installed under the future Brooklyn Boulevard Corridor Roadway Improvements by Hennepin County and City of Brooklyn Center, tentatively scheduled for Year 2021, or thereafter. 5. The Special Use Permit is subject all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 6. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit. 7. The play area shall be provided in a manner consistent with Section 35-411, Subdivision 6 of the city's zoning ordinance and be continually maintained in this manner. The required 6 ft. high opaque screening required along the south property line shall be maintained in a manner consistent with the requirements of the city ordinance. 9. Any plans for remodeling and occupancy of this building are subject to approval of the Building Official and/or Fire Chief prior to the issuance of any licenses or permits. PICA/Aubrey Della SUP PC 05/12/16 Page 10 Parents In Community Action, Inc. ric Aubrey Della Early Childhood Family Development Center 6415 BrooKlyn Blvd., Brooklyn Center, MN About Parents In Community Action, Inc. Founded by concerned parents in 1969, Parents In Community Action, Inc. (PICA) is a private, nonprofit agency that operates Head Start and Early Head Start programs in Hennepin County, Minnesota, and provides a wide range of other early childhood and family development services for young children and their families living at or below the federal poverty level. PICA is a fiscally sound National Head Start Association (NHSA) Program of Excellence with 47 years of experience in delivering high quality child development services, and is the largest provider of Head Start and Early Head Start services in the state of Minnesota. PICA serves a racially, ethnically, culturally, and linguistically divers® population of over 2,500 low-income children and their families in urban and suburban Hennepin County, including over 500 homeless families residing in area shelters. Despite the large number of children wa serve, over 1,300 child ran remain on PICA's waiting list, underscoring the ever-increasing need for services in Hennepin County. Our Children and Families PICA serves the poorest of the poor. The majority of children living in poverty are under the age of five, and their most critical years for development are often characterized by family stress, insufficient nutrition, inadequate health care, unsafe neighborhoods, and unstable housing situations. These challenges greatly increase children's risk for health concerns, poor educational outcomes, and uncertain personal and )ob success. However, these early years also provide limitless opportunities to reverse the effects of poverty and set children on a path to success in school and to a healthy, productive, and successful adulthood—exactly what PICA's Head Start and Early Head Start programs are designed to do. Our Newest S{ta –Aubrey Oefla Earfy Chlfdhood Family Development Center PICA serves children and families in 12 state-of-the-art facilities located throughouk Hennepin County, five of which are owned by PICA. Our Hawes[ site, Aubrey Della Early Childhood Family Development Canter—named in memory of our beloved Head Start colleague Aubrey Della Puckett—is located in BrooKlyn Center, one of the geographical areas of greatest need in Hennepin County, where poverty—especially among young children—has grown significantly in recant years. At this facility, a former childcare center, PICA will serve 184 children and families in both Head Start and Early Head Start classrooms. The facility will feature 7 classrooms, a Parent Place lounge, a commercial kitchen, and an outdoor playground, plus office space for our center staff. PICA's Head Start and Early Head Start programs provide comprehensive programs and services to help children reach their full potential and to become ready for success in kindergarten and beyond, as wall as -'services and support dasig ned to help their families achieve economic self-sufficiency. Our Services Comprehensive services provided by PICA in our Head Start and Early Head Start programs, which will be offered at our new center, include: ® Individualized early childhood development programs for infants, toddlers, and preschoolers. ® On-site health and mental wellness services. ® Door-to-door transportation. ® Nutrition services, providing up to two-thirds of children's daily nutritional needs. ® Services to children with disabilities. ® Social services and support to assist families in achieving their goals. ® Parent involvement, training, and internship opportunities that empower parents to obtain living wage employment, achieve economic self-sufficiency, and become involved in their child's education and in the local community. Building Community and Celebrating Diversity PICA currently has over 100 established collaborative partnerships that help us to deliver the most comprehensive and highest quality services possible. We will continue this tradition by working to build partnerships with the community in Brooklyn Center and with families at the Aubrey Della Early Childhood Family Development Center. Our Aubrey Della Center will be a welcoming place where we value all families and celebrate the racial, ethnic, cultural, and linguistic diversity of the community and those we serve. Some of the ways in which we do this include: ® Maintaining a staff that is highly representative of the children and families we serve, including many staff members who are bilingual or multilingual. ® Implementing our own innovative New World curriculum, which incorporates many aspects of culture and diversity, as well as individualized, culturally responsive learning experiences designed to ensure that each child is school ready and primed to reach his/her full potential. ® Operating dual language classrooms to assist children in developing proficiency in English while preserving and valuing their home language and culture. ® Employing a Cross -Cultural Team dedicated to serving families from different cultures and assisting with recruitment and enrollment, translation, advocacy, and special events for immigrant and non-English speaking families. ® Translating written communications into the primary home languages of the families we serve. ® Developing cross -culturally appropriate programming and culturally rich learning experiences designed to meet the needs of all low-income children and families. ® Creating menus that reflect the diversity of cultures we serve. V_ �i L •V U [C N D �+ N i Q �,. -� ., �� �.__ _. �t�C1 I 1 � 1 � J tiL r--= s'� F�c,�SiC � _ N 0 �^ `# � �. �` .,. � �A � � '� ��� ��. ��� A � \ \. ��� / "� \`. �� \ �` , F' � \ \' \�. >'� v� - \\ � ;� � `�G ��al y_A SOF, l `�1 4 �, � o �^ `# � �. �` .,. � �A � � '� ��� ��. ��� A � \ \. ��� / "� \`. �� \ �` , F' � \ \' \�. PICA Head Start Aubrey Della Early Childhood Development Center 6415 Brooklyn Blvd ? Brooklyn Center, MN 55429 _� - f. � +x ii2 �• .1 '_� @_ ■ � .vi G cL� r .. _ _ W.' Y^d . �� y E .'. i �� �h � i a• l � a ?� a A �i�s �! 3 � e �_ $ �. T i I A o a Y � � ,� r ,� P 4y S, S � .. 2i A Y��' � 5f�. :.. �; � 1 t ��� r -. } � i ��� s �, � eta ' .�� �;`<� _ � � o _ 'Er` a . -- --- � vi- -, a;.---� --a _ __. �: ��a..��___ �� s\._,_� ' - 4m .. it '�1_ _. y ~� 4 _ !` r �e \ � � 'it h, �� . -aim i 1 is _ � �- � x e ��. i- . - � t- 3'. _ - — ._ � � s = - — _ z, �� -, _ � --- ss bi �'' � � 3� x �� a._. .. _ r,-.. .. -. -� .. t:: - � i.. > ,. it . ;� I R ..n, r: a ".4 .f f �4 DSP �} . F �'-_. . _ t°nfit��•_ S � � �(; � §� 3,<-E, �Lf_ ..�" � '' .. .� ��:�� i; _�; ,. , _� y + � _ ...1r,\A s }e�ti .=3 '.�... Commissioner Schonuing introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2016-04 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-005 SUBMITTED BY PARENTS IN COMMUNITY ACTION, INC. ("PICA'S FOR SPECIAL USE PERMIT TO OPERATE A LICENSED DAYCARE AND FDiiiY CHII.DHOOD EDUCATIONAL FACILITY IN THE C-1 SERVICE/OFFICE DISTRICT, LOCATED AT 6415 BROOKLYN BOULEVARD WHEREAS, Planning Cornmission Application No. 2016-005 submitted by Parents in Cornrnunity Action, Inc. ("Applicant") proposes a Special Use Permit to Operate a Licensed Daycare 8c Early Childhood Educational Facility in the C-1 Service/Offce Zone, located at 6415 Brooklyn Boulevard, ("Subject Properry'�; and WHEREAS, the Subject Property is situated in the C-1 Service/Office District and pursuant to City Code Section 35-320, Subdivision 3.b, "Group daycare facilities" are listed as special uses in the C-1 zoning district"; and the Applicant hes submitted such application to the City of Brooklyn Center for official consideration under Planrting Applicafion No. 2016-005; and WHEREAS, the Plann;^3 Commission field a duly noticed and called public hearing on May 12, 2016, whereby a city planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of The CiTy's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to reconrrnend to the City Council that Planning Application No. 2016-005 submitted by Parents in Community Action, Inc. be approved based upon the following considerations: A. The establishment, maintenance, or operation o£ the special use will not be detrimental to or endanger the public health, safety, morals, or comfort. B. The special use will not be injurious to the use and enjoyment of other property in the irnniediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. PC RESOLUTION NO. 2016-04 D. Adequate measures have been or will be taken to provide ingress, egress and parking so. designed as to minimize traffic congestion in the public streets. E. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2016-005 be approved subject to the following conditions and considerations: 1. The Special Use Permit is granted for a group daycare and early childhood/Head-Start educational facility, subject to the granting of a license for this operation by the Minnesota Department of Human Services. The applicant shall show proof of this licensing and have a current copy of said license on file with the city. 2. The daycare facility as proposed by the applicant meets the Standards for Special Use Permits contained in Section 35-220, Subdivision 2b of the Zoning Ordinance. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C-1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood or the community. 3. The Owner/Applicant must provide evidence of a recorded deed restriction; or prepare and record a new joint parking agreement between PICA and the current owners of the neighboring property located at 6437 Brooklyn Boulevard. 4. The Owner/Applicant acknowledges the future potential impact of the raised, center median traffic control devise to be installed under the future Brooklyn Boulevard Corridor Roadway Improvements by Hennepin County and City of Brooklyn Center, tentatively scheduled for Year 2021, or thereafter. 5. The Special Use Permit is subject all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. PC RESOLUTION NO. 2016-04 Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit. 7. The play area shall be provided in a manner consistent with Section 35- 411, Subdivision 6 of the city's zoning ordinance and be continually maintained in this manner. 8. The required 6 ft. high opaque screening required along the south property line shall be maintained in a manner consistent with the requirements of the city ordinance. 9. Any plans for remodeling and occupancy of this building are subject to approval of the Building Official and/or Fire Chief prior to the issuance of any licenses or permits. May 12,2016 Date Chair ATTEST: Tim Benetti, Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Morgan; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners MacMillan, Schonning, and Morgan; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Parents in Community Action, Inc. (Aubrey Della Early Childhood Family Development Center) 6415 Brooklyn Boulevard Special Use Permit to Operate a Licensed Daycare City Council Meeting May 23, 2016 Agenda Item No. 9.a Introduction Parents in Community Action, Inc. (PICA) requesting Special Use Permit to operate a State licensed daycare facility for children, along with early childhood development programs and education for infants, toddlers and preschoolers – “Aubrey Della Early Childhood Family Development Center” Section 35-320, Subdivision 3.b of the Zoning Ordinance, “ Group daycare facilities” are listed as special uses in the C-1 Zone Zoning Ordinance defines group daycare facilities as a “facility licensed by the Minnesota Department of Human Services (“DHS”) to provide childcare for six or more children at one time. Also includes facilities having programs for nursery schools, Head Start or early childhood education programs and daycare centers. LOCATION/AERIAL MAP Property approved under Site and Building Plan December 1978 - constructed in 1981. Triangular shaped parcel; 1.3 acres in size; 8,600 sq. ft. office building; 59 parking spaces NORTH: Brookhaven Apartments and the Brook Park Dental Center EAST: Brooklyn Blvd./Garden City Elem. SOUTH: Single Family residential LOCATION/AERIAL MAP City approved separate special use permit (1978) to allow shared parking with dental office/clinic to north (20 spaces) 39 spaces available for PICA; 18 employees + 21 spaces should provide adequate parking spaces for visitors or parents Background •2007 - Arena Learning Center receives special use permit to operate a daycare at subject site. Daycare operated until May 2014 (DHS license was revoked). •City Zoning Code Section 35-220; Subpart 5, Revocation and Extension of Special Use Permits: “In any instance where an existing and established special use is abandoned for a period of one year, the special use permit related thereto shall expire one year following the date of abandonment.” •Due to abandonment, City required resubmittal of a new Special Use Permit for this similar childcare use. SCOPE of REQUEST •Applicants submitted a narrative outlining their proposal, which provides a detailed explanation of how they will comply with the zoning requirements •PICA will provide 24 FT positions at Aubrey Della, listed as follows: o 1 Center Director (Management) o 1 Receptionist/Records Clerk (Clerical) o 1 Janitor (Maintenance) o 1 Engineer assigned to the center (Maintenance) o 1 Cook (Food-service) o 14 Teachers (Education) o 2 Parent and Child Advocates (Social Service) o 3 Bus Drivers (Transportation) •Center open from 6:30 am to 6:00 pm. •Classes will operate between that time-frame, with occasional evening events for parents. •PICA provides door-to-door transportation for all of the children by private busing services, and provides personal bus monitors on every trip to and from the child's home to assist with helping children safely and securely on the buses, accounting for children, first aid (as needed) and emergency evacuations. •All children will be picked up and dropped off at the front of the building with the assistance of the bus monitors and teachers. SCOPE of REQUEST Interior Floor Plan/Layout (as provided by Applicant) •Outside recreational facilities shall be appropriately separated from parking and drive areas by a wood fence not less than 4 ft. in height; •shall be located contiguous to the daycare facility; •shall not be located in any yard abutting a major thoroughfare unless buffered as set forth in Section 35-400; •shall not have an impervious surface over more than half the playground area; and •shall extend at least 60 ft. from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. Screening fence must be repaired or replaced Screening fence must be repaired or replaced Shared Parking Area and connecting walkway with neighboring property to the north (Park Dental –Brookpark) BROOKLYN BOULEVARD IMPROVEMENTS…. Brooklyn Boulevard includes 4 lanes of traffic with a center-turn lane for allowable left- hand/left-turn movements; Undivided roadway allows free left-turns exiting the site for vehicles travelling northbound View Looking South - from center intersection median for 65th & Brooklyn Blvd. Brooklyn Boulevard Corridor Study identified future center divided median control - prevents future left-hand turns for northbound vehicles into the sit - or left-hand turns (northbound) from the site Segment of Brooklyn Boulevard scheduled under 2nd Phase (slated for 2021) BROOKLYN BOULEVARD IMPROVEMENTS…. Temporary banner sign stretched over existing monument sign cabinet must be removed and replaced with permanent signage. Separate Sign Permit is required. Recommendation May 12, 2016 - Planning Commission conducted a duly noticed public hearing on this item; no comments (for or against) received. Planning Commission adopted PC Resolution No. 2016-04, which provides a favorable/unanimous recommendation to approve Planning Application No. 2016-005, the Special Use Permit by Parents in Community Action, Inc. to operate a licensed daycare and early childhood educational facility in the C-1 (Service/Office) Zone. Request City Council to adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2016-005, Submitted by Parents in Community Action, Inc. Requesting Consideration of a Special Use Permit in the C-1 Service/Office District to Operate a Licensed Daycare Facility with Early Childhood Programs and Education, located at 6415 Brooklyn Boulevard QUESTIONS??? SUP Conditions 1)The Special Use Permit is granted for a group daycare and early childhood/Head-Start educational facility, subject to the granting of a license for this operation by the Minnesota Department of Human Services. The applicant shall show proof of this licensing and have a current copy of said license on file with the city. 2)The daycare facility as proposed by the applicant meets the Standards for Special Use Permits contained in Section 35-220, Subdivision B of the Zoning Ordinance. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C-1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood or the community. 3)The Owner/Applicant must provide evidence of a recorded deed restriction; or prepare and record a new joint parking agreement between PICA and the current owners of the neighboring property located at 6437 Brooklyn Boulevard. 4)The Owner/Applicant acknowledges the future potential impact of the raised, center median traffic control devise to be installed under the future Brooklyn Boulevard Corridor Roadway Improvements by Hennepin County and City of Brooklyn Center, tentatively scheduled for Year 2021, or thereafter. 5)The Special Use Permit is subject all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 6)Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit. 7)The play area shall be provided in a manner consistent with Section 35-411, Subdivision 6 of the city’s zoning ordinance and be continually maintained in this manner. 8)The required 6 ft. high opaque screening required along the south property line shall be maintained in a manner consistent with the requirements of the city ordinance. 9)Any plans for remodeling and occupancy of this building are subject to approval of the Building Official and/or Fire Chief prior to the issuance of any licenses or permits. City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 COUNCIL ITEM MEMORANDUM DATE: May 23, 2016 TO: Curt Boganey, City Manager o�,�- _ A_ �_, FROM: Sharon Knutson, City Clerk �„'^'�"" �" SUBJECT: Type IV 6 -Month Provisional Rental License for 3313 63r° 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 {or 3313 63'° Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on fourteen (14) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building 8c 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 N 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 MitlgaUon Plan. Please refer to the attached copy of the Mitigation Plan £or more information. The following is a brief history of the license process actions: 12-28-2015 The Owner, Yuan Xiong, applied for renewal of the rental dwelling license for 3313 63rd Ave N, a single family dwelling. 01-19-2016 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 02-23-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-28-2016 The previous rental license expired. 03 -OS -2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. Miss/ r. LnsaMnp rsn n!u ncNre, clean, w//e. /nchrs/ve m un/!v 1ha/ enhmrres ffie AreaOp• ofl� fnr n/fpenyfe nrrdyrererv¢r /Geyub/ir. n�ur/ X118041,011,01�r 03-10-2016 The $100 reinspection fee was paid. 03-23-2016 A fourth inspection was conducted; corrections complete. A $100 reinspection fee is still owed. 03-24-2016 The $100 reinspection fee was paid and the license passed. 04-01-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 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. 04-20-2016 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. 05-06-2016 A Mitigation Plan was submitted. 05-10-2016 The Mitigation Plan was finalized. 05-13-2016 A letter was sent to the owner notifying that the hearing before the Council will be held May 23, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for 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. 'Vission: Ensuring on attractive, clean, sqfe, inclusive conrrna dr v that enhances the qualify of life Jar rill people and pre serves the public trust 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. :Mission: Ensrn•ing an attractive, clean, sale, inclusive community that entrances the quality of life for all people and preserves the public trust t • �• • v1 E a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. ® At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1— 3 Year 1-2 units 0-1 3+ units 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). Uission Ensuring an attractive, clean, sir/e, inclusive connrtwd(P that enhances the quality q f lijE far all people am! preserves the public trust 1C ►I : 1I � ► ��►�11i�1 License Category Number of Units 1-2 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 No Category 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 1-2 Greater than 0.35 but not more than 0.50 Greater than 3 Decrease 2 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 11 issiITR' Ensuring But Bltr active, Clete, safe, inclusive conuuurd(v that enhances the quality of life for rrll people and preserves the public trust yY t. BRO FILLY g CENTERRental Quense ftteatien Plan Type IV Liceii�� Handviriiten Mitigation Plans! will plot be accept&l. A fllable fh rrn can tie feu nd on the City's .dkvAvvi,citynfbroo"rlyji; entur_or� sir all (763) 569-a3M to ha-va an olactroniccopy sent to you via. et'nadl_ F'rOporbyAddress: a:34u 1313rd- Avt N O•Lvnea s. N yrrtof sj: 'r'unc,^_r, Umner' Addre55: 7M Golurido An. N Elraclt�ym Pasik, MN 55443 Owner's Email yxjongCal=_.1ka'e.edu Current Expiration Dale- 2,12V16 1-acal Ayent4s�j: ,agent's Addr#ss' Apnk's Pliohd' Age nfs Email, Pending Expiiation Data: ki,ri1lis ;5u IN��r�!51�v`!Yi �ilfrpl)I,r+zkirc44ity Baste an property conditions andlor validated pol'ce nuisanGe incidents, tie above referenced pr,oparty quailifies for a Type iVrF;' Month, Renl l Ucen Fe, Prior to appli�atien approval by the City C-ouned a fully completed tvlitigation Plan must be cbmpleL-nd and approved tyy City staff. -A Mit'gation Plan must be conripleted immediatehy in order to ensure. timely completion of iiie lice -Ise appiir,;3aiost iamaery5, The Qikic ation Plart Shoold indicate ll e s-iep tzirrq takem to cortect idaoLiiflo viDlations and ilia rt7L,,asares that i0l he taken to erasure ongoing compliance wiLn City Ordinances and applicable cotes, A Miligation Ptah allova-:5. the owner and thp City to review concerns and ideni.ify possible sato ions to improve oyera11 condi Iion of the p(operly, If the a,-IiAitjaLion Plan is not ubni lied, and all itat-as are not oampleted within the pending license period, or the above properly operatebeyond the license expiration date, enrorcementaeticn5 such a5 dtetion, formal 00. Plaint, or lit n se revi€w may result, Scforo submitting, fill -out Sections A, 3, and G located on pages 2, 3, 4, arrd �5, Page Irk Tv2,71 ?v F?:Iwai L:aWrr n ern 4r:.. 45 C'EEg OIP,roo&.tyro 0"cider.—Yullffilly and c'7mmInity MaMards DAPArM1FM (19 6-32-1 Di4iy:e Ci._ek P&hvly; r ru_ktyr! CO-M&I, MN 55430-219--- 1 P! rig: �TaSj -553-3}3D I TTY. 711 1 F E x 477 S3) E6S=33&I BUILDING AND COMMUNITY STANDARDS r;city f , s f k„ Rental■ _ ■ NTER ,3o-vz- rt ' ,x=' Type IV L[canse Sections A—Crime Free Housing Program Regufromonts Phase 1 ® i j tJse irtritl �i l� ag.reen ent, itle lease agreement shall inbluda the Critrrtff Fred Hou;:ing tease .Addendum. A copy of tlia foaso agreament and Crlma Fran Housing Larose Addandum ;tnust ba� attathad to the Niitigation Plant when submitted. ® ) Agree to pursue the te-fMination or lease a g reetnertt -at eviction of lenan is wha violate the terms of the lease orany addend urns, 3) Ganduct criminal background check for all new prospactiva tonanis, If it is a cureefit Kj tan an! a new background oh,Lock ss not requ!red. Must be able to provide documentation to City if req uest-ed 4) Attend a City approvcd eight-hour Crbyie Froe I lousing trairiing ocume, Information lot apprewed courses con be found at �%TivUi,mncpa.net under the Traihing and Events tab. A copy of the Grime Free Housing Certificate must be attached to the Mitigation Pfan wh-an subtlnitta-6l: Crime Free Housing training vi -as completed o nlis sched u lod fr)r; 511 rf�1 � Owneror agent attended#hs planning to attet d training at ciiy af: rv! t� - r�4 5) -Submit Monthly Update by the I& day of each month. Pha�411 n t) Completer a Security As&2ssment and lrtiplernet t irriprovem-unts requested by the Brooklyn Center Police Department. To schedule an initial or fi llaw=u;p Securily Assessrrierit, trail (763) 569--3344: A follavr=tip assossrrient must be t c'Ompleted before the tlat.e to Verify the security improvements have been implemented, If a 8ecurAy Assessment has bean prevrousiy conipInlad,, write Ilia corn,Rletinri date. S -e r6ty AssEssrnoait was "mpleted ar1Fs scheduled for W7415 SocurilyAssessenen9 follow-up uralcompleted ontis'schedufeti for: Continue Sections A, Phase [if on paga a. PtIType ?v Rj(pew., 434115 City of Br0{�)ilyn Camey-8kiEfdl.t)y and Gonvillullf y MwidaxdaDepartmentw%y,rilyortrra;t.rtrx--1lr.:rcrg 6301 Ski rgI& Gic'rei-" Pbrkwmay, &OAIyn Censer, MW 65430,'19a I Phu -i; { r" 3,1 'Ar 3-3YJO I TTY: ? 1 i I FOX (7E,3) 655-,3 J tltp BRA IM3T 3tfi3rdAk�e CENT'�fi Rent, Lfcaraso iLlitigation Plan _ _. Type IV Llcensa Sections A—Gri= Frcc Housing Pregiram Repfremonrs (contfrived) Phase III T) Owner or agent tvlll atwid at minimum; 55% (2) of th u, A;l� M. meetings. The A,RAO. LY—jmeetings must be coniipILAed within the rental Ilconse paeia-d and Wore the panding Type Registration is not required, liowot er you mv!5t sign -in during the ` icieting, Mile two meeting claws an owner or agent plan to att-and, Owner or agent will attend A,R-M_ raePling s sehedu1ed om 5 D16 � MWNW 2) H8ve no repeat cede violations previously documented vJth'the past year, Thg3 following actions aro requircid for prop,arties with four (d) or more unite. t) Co.ntiduct resident #wining annu lly that include$ Crime prevention techniques. 2) Condej,.i regular resuient meetings, Fri` 3r6 7'}rc IV RsnfOd-arL-M,01,761i6OFS'dry R-4 414-436 Gelb �iBroo9rly-n �untt�r—�llttAlt�t� d9iii �rnvn:itp Standag�:, I���a;Yt�tti��ii � w sn.�.riiyor r��rrpn[knt[f.[�I'g �' 01 Slir<gla r-rEek Park%iLzy, Erc-uklyn Center, LW K5d-,10 L1 tie l Phare: dM3.11 TTS'; 711 I Nix WUMING AND COMMUNITY STA14DARDS ATJaRC011Y1kLY-ff 3513 6;iW AW I NvI�TER Rental Llcanso Mitigation Plarr Typo IV License Sections B—Long Term Caprfal i r ptovement Plan Based on condition and age, estimated raplacemoent: rates need to be provided for common capital horns_ Funding shouldbe considered accordingly. Items that are broberi, worn, orotharwise in vioiation pr>5 r to the estinsted replacement need to be replaced sr}ranr. All iiorns rriQast tleue a date far €sl�rrtrnfod RepfacLe- 'PW data, dates such as: `Unsure", "don't know", or "where broken" w [II not bo accepted If you we urisure of when an Rem will need to be replaced, you can nlaka a prc-die is l based on the age, appeararice,condWon, or nlanufactumlindustrr recornmendafions. Additional Information an Expeo4ad Useful Life -can be found atvmvy.hud.gov, Item Date mast Repiaced Example: Water Hooter May W10 Furnace I M20i 4 Water Heater 17Q011 Kitchen Appliances al'2011 Laundry Appliances ;4010 Smoke Als misf ,x,72020 Carbon Monoxide Alarms 21201b "xterior.N;�r�r F�airitl�irinc� ���00r Windows MOM Root Fonco 5f` Shad ����az Gatage �.+190 Clrivetuaj+ WON Sidewalks WHO Other: 'Unditr,-a Abbfevlallcn3; New=N Guad=G Condition", Sxportedl ize.placernentDate F May 2020 N 6t2u2q N 5=2G N 5Q020 W 512020 N IV2020 N W2+020 'x 2020 t;r021� � 672x120 W2020 G ,x,72020 G 672020 tarda Replammait=R Pao 4,06 Af-6,96RxAbr; Rev. 4.54,15 City of Bn3olclpn Contar-13uttd4ng -nd C-pnmiunity Sta5id3rds Departmen4 44VrW .GlryrfrCfv9{1nr��Yg ,y�r� 4301 rola reek F'elkSvey, BrodLlya Cermr, MN `x.5430,219'. I Ph,rr_:17031j f4-344 (? I TTY'. 711 I F&?C (x6.3} °65,-53Ej3 BUIrjI)WG AND COMMUNITY STANDArM 9 XERCOOKLYN 3313 63rd Ave r4I CENTER Rental L icenso MItlpatlon filCan Typo IV License Sections C -laps to h7lprove Management 2nd Coyidr'trans of Prdperty The fterns in this seci ion have been proven to assist with prapuily rnnnagernent and property image. The follornring aafl ins are required: 1) Check-in �rtith tenants eliery 30•days, n2) Drive by proper -b/ to check for possible code vlofatiens, ® 3) Evkr t tenants in W-ulation of the lease or any adt€iMun s. 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claifmisJpayrnerits due to the City, -5) Other: The foll6wir,g actions are optional unless required by the City F] i) Provide lawnlsnovl Semite, F2) Provide garbage service, Q3) instaif security systorrt. F] 4) Provide mainte narloe servke plan for applfances. Marne of serviea cortipa ny; a) tither; If the Tyke IV -6 falonttrl Rental License isapprcved by the City Council, the licensers must comply with the :approved Mitigation Plan and all applicable Cily Codes, .A tiwrlttcn roport must be ;submitted by the' 01" day of each month with .an rrptfato of actions being taken by tho owner a ndfor agent to comply with tris 1Aitigati Orr ala n..A copy of the Monthly Update can be found on page T. A Nab Ir? form can be found on the City's wabsitaa at tvvwvl,ollycfbruoklyncenter,org or call (763) 569-3330 to have an eloctrorrlc copy sent to you via. email. Neaseattach addltioaral Information if azoessary. P,,9r«z TA,atr IV FI Fm tau Lk vlfia IAM' uR %,I A A -Rall. 444.16 ity0 nrookiyri0enIer-Bull.dinyand Curr aunifyyyStanaa:df,>��pailineitt w,xw.dgaihra�J,I�n cnf,r,ta'9 6201 Bungle CrfekFWbm.sl Dfdc yn (:rglor VA �J M'41 DO I Ph. onE, (763) M3 -?-330 1 TTY; 71'1 f FaK l 67 15E,9-3,60 BUILDING AND CMMUNITY 9TANDARDS city of BROOKLYN �3 Rental Ocensa Mitigallon Man CENTER Type IV Liconsoa Sign and Verify I veflfy that a.0 inforrnallon pri.-WIdOd is true and accurate. I unfder5f�nnd. thal If I do not MMOY vilth the apprmd MItIgatlon Plan, compry vAth OjI items wjj�Hn the licansie period, or operate beyond the Hmnsa axpimff on date, enfarGement actions such as cittations, formal complaints, at liwnse review may result, 0,vrivi�wAvof Non;* arx) TM(e Date' AddbDgat Oxnc.r ter' AgrM jvmvie and TkL- (?.( Appfica&b. Flbc"Sa PA -`7O AV.,, t &gnature (ff A pfi(WiNO) Da!s .. . ......... ...... ..................... cj,,Y staff Onry F)o (ice D opo rf.wnt Date Pigs bis rjti tl/Ram�,jUnoso (.MVg8NVP FJal?. R6,j, 444-15 C4ity of Broolt1pL Cenjer—ftLtdirig. and COMMUMItV Standara a Drpaqf"ftl 61wl shr-glD Ormv. pallkKay' M'03Wyn CA-Feler, r%1N 5554j"i 91 1 Phnns.1; ;70:1) 5n-nYjb I M. 711 0,M) City C®nnrrn�n� .���n��s11�� Pltcc�nm� T�T�o 11 Q➢�� #� COUNCIL ITEM MEMORANDUM DATE: May 23, 2016 TO: Curt Boganey, City Manager �J ��- FROM: Sharon Knutson, City Clerk �'1Q/�,dti( c']Y Yl/lAf� SUBJECT: Type IV 6 -Month Provisional Rental License for 6106 Aldrich Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type LV 6 -Month Provisional Rental License for 6106 Aldrich 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 frac Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This proper4y qualifies for a Type IV Rental License based on fourteen (14) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents. for the past twelve months. Staff from Administration, Building 8c 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 recorrunending 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 in£oaznation. The following is a brief history of the license process actions: 11-12-2015 The Owner, Kimberly Magel, applied for renewal of the rental dwelling license for 6106 Aldrich Ave N, a single Family dwelling. 12-03-2015 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. O1-12-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 01-27-2016 A third inspection was conducted and failed. A $300 reinspection fee was charged to the property. O1-31-2016 The previous rental license expired. ---�-� MfnaYnn: I_i n'nrL+X me nth iclh•e, efeun, .v;f . Ivclualvc co+numni[v Uu+l vnfertnces>he quullp• 4i!{f j +' +N! pn plc and preserver tGe puhfic trust '11 • 02-18-2016 A fourth inspection was conducted; corrections complete. The $200 in reinspection fees is still owed. 03-04-2016 A $300 Administrative Citation was issued for renting without a license. 03-10-2016 The $200 in reinspection fees 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. 04-13-2016 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. 04-20-2016 A Mitigation Plan was submitted. 05-04-2016 The Mitigation Plan was finalized. 05-13-2016 A letter was sent to the owner notifying that the hearing before the Council will be held May 23, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for 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. Mission: Ensuring an attradire, clean, safe, inclusive connrnnify that enhances the quality of life for all people and preserves the public frust 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. Mission, Ensuring an attractive, clean, safe, inclusive co;uruuuity that enhances the gmdity of ltle Jar alt people and preserves the public frust 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. ® At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 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 51813.0 1, Subd. 2 (b) and where there is a Mission: Ensuring an attractive, clean, wife, inclusive conumnhv that enhances the quality af'life for all people and preserves the public: trust DWAINKININVU-01 report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units 1-2 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 No Category Impact 3-4 units 0-0.25 5 or more units 1-2 0-0.35 Greater than 1 but not more than 3 Decrease 1 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Enhanced Community Image Attachment - Mitigation Plan Mission F nsnring an attractive, clean, sad , inclusive conn do v that enhances the quality of lite for• all people and preserves the public trust $MDi G AND COMAUMTY STANDAWDS Ci of BROOKLYN Rental Ucen' se Mitioaticr Platt ENTER Type IV License Harrrrrvritten 1,7419adon Plaits WH not bo occeptod. A f liable fo rn cart be fdurld on the City's webs to at wvj%v.cityolfbrooklynce nter.or?g or call (763) 569-33-0 to have an electronic coPY seat to you via, email, Proparty Address: 6101A- Aldrr_h Aveme Forth Rrcx%lyn conterr, NIN $54�Q Owners l arrie(s), RAC2 Owner's Address: 0110 Nor t,topsc Expressway, 4,ti100 r` sin; MM 78768 CSV: ner's Phone_ {s121 851 •ag3a Owners small; Prinp,�rlysuppori;gms-orne'waLeotri. Current Expiration Data.ttiib Local Agent(s): Main Street Renekwal KriuUn (4,Aun Agent's Address, isi t counV RLS West, R�cso,rll3; t41N ;t5t 13 Agenfs Phone: (612) 1,�5-9065 Agents Email: 4upton, rnsranewol,com Pending Expiration Date. ii3tl' 7 _ {5rr mprfte. nm currrnl exprr.;ugn}` -j f! fri Eased en property oun€ itior►s andfor validated police nuisance fncidertts, the above refoTerioed property qualifl s for a Type IV -6 Month Rawal License. Prfor to application .approval fay the City Council a fully completed Mitigation Plan must be- completed alnd approved by -City staff, A hi ll,Batior> Kan rt u51 be compleled irnmediatety ir; ardor to onsUre tiMe[y Complelion of :the lici rnsa application process. Tha Mitigation Plan slteu ld indicate the; stops being taken to correct iden6fie'd violations .and the measures that will be taken to ensure ongoing cvrnplianco wilh City Ordinances and a pplicable codes, A Mil ql atiard Plan allOVI tha owner r and tha Ctrl tb r,�vit uw concearts and Idenliiy possible solutions to iniprcuc overall conditions of the property. If the Mitigation Plan is not submitted, arrd all items are not completed within the pending license period, or the aboua -property operales beyond the license expirolro:n date, nt adient i such as dial -nn, formal complaint, or lica is.e revie%v may result. ;fry T}po fVRerallILiee,�se0-00Ain rti P6 V. 4.14,35 dly.prProak n ntlr�r— u37din n3 Car m—unitySlandaads Da rtmevt wvm ail o".uacldyTwrnlr. 1iF +� � k 1 r,org E3G1 S;n1oJ1,-4 CfeekPfef?t:sW. Br oSYf�)CErlle',k'TJS`i,10, 195 1 Fie re:;7,5 •5F3,9-,N3JJ I f7':�i1 I Frx;7Us$v�9 3 G lU€LIiII'Q AND COMMUNITY S5 6106nun,h Aveaue North ]�I�d`KL BrCx_*lyrl Cel)h� r, NIN 55430 Rental Ucenso NIRIgatlon Plant Type FV License Scctlons A—Cr1mE) F-re0 Hcusing Program Req 01,ne- iments Phrase .1) use awritten rease :agrearrent, The leai�a acgraement shall Include the ts'rirne Fre: Housing Lease Addondum- A tepy of th- lease agmernent anet rlrrrc Free FFoaising Lease Addendurn must be attached to the tvlltlgatl'en Plan When au6mitt o 2) Agree to pursue lbe lerminat on or fei�sa a r eneni or errictien rsf tciia�iis �wfer� ietaie the tefrns of th c lease or any addendu ms. Z3) Conduct cr -rrna I background check for :a l rrew prGspe&ve tens nts, If it is a cufroni tenant a new hac'legrorund Gbeck is not reguirod. frust bo able to provfde documentation to City it requested. ❑ 4) Attend a City appro vod eight-bour Crime Free Housing training course. Information for approved courses can be found ai YAv w.rnncpa.rlt-.t under the Training and Events tab. A cop} of the Urna Free HGusing Coattticate Mq:st be attached to the Mitigation Plan when;5Ub rutted, Cruain Froo Reusing valning was completed on?is scheduled for, i�ift Owner or .eget allon ded)is planning to atlernd training at city of: l,v1S) ubi-nit Monti .ily Updala by the 1,0" day of each month. Fha5e 11 1) Complote a Security Asses!snient and implement impro°aar nts r-equested by the Brooklyn Center PoI ca Gopartmenl., To schedule an iniflel or follow—Lip -Security Assass a il, call (76-3) 509-3344, A f*JJQe v -up assessment trust bo complotad fare the license explratfon d,ato to varff� Cho, sasutrity IMProyernents have been implemented. V a. ScAcurity Assessmenl has boon previously completed, vrrite the completion date. Security Assessrr*nt ways completed onus scheduled fere Al2M6 ecuriky Assessment follow-up was completed owls s,che�duled for Carntioua $ei-,Lio s A, Phase ltl,oan page a, F'ai t; 2M Tyx,3 W Rort bmim F's9i% RAM 4-14-15 CRY IJiBT0CFR1ynCC3Iter—BUU1iing and CDMMUMRYUR74d.7WS DOPArtm-ettit tivM��'.ci1pC}f:tF �klyneenier,�q BIQ I :5hirpgIG r`,n,-k F'akway, Bru.*Ii n Unier, NIN 5,5430-.193 I Rhct'w_: J63) &!3.333" I TTY: 7 11 1 FRr 176 3) EL9 32.6G BUILDING COMMUNITY STANDARDS CRY of TROBi 1+�L > 0100 Aldrich Avonuv C�a1h h Braakly;a Cen:�er. MN 5,134 ental License Mitigation PlanE.NTE Tytae I�! 1_`sen ectlions A—Crima Frac Housing Program Requlramanfs (conflnuie .) phase lil Zi ) owrier or agent will attond ai rnin'Irmi i'i 60% (2) of the A.P14, meetings, 7h e AA,M, moatings rriu:st bo compl8tod wlttiln the rental fie.n&G parlod and befora the pending Type Ill License expiration dato. Registration is not required, however you ,host sign -in during the meeting, Write two meeting dates an ownef ar agent plant to attend, -f cc- do O'reneroragent,Wliattend A.R,Pif. niee inks scheduled on. an ` 2 e code violations re',rIausi dacllmentedwiththe past year. �� Harre no repeat p Y Tarr fa[lovifng aatlons era rnqulrad for propertics w1th four (4) or mora units. F] 1} Conduct resident training annuallyihatincludes crime preventionteckniques, 0 2) Conduct regular resident meetings, aya+ff TynsiV1e tar�tc,�aJ4+'h3<,�,nrra�n:� rr�-�J city of Bra RlVa 0enter=BuUd!ng and 001-nraunl . t'f btandarfl,e f7-epatligtiestt E t71 shirr�le C•, z�k Parc'�3}', �roaF:tS'n �nt�f, F+1Y 5 43�.2tr+] l Fhrine, f,%63} TT r': r 1 t j F x:1769} fr�9 3?fi^ BUILDING DMNT11NITY STANDS City of IBROU Ie 0106 A1dridr Awnuo t`Jvrlh Brooklyn Cer-ler, Mair, 50+150 Rental Licerme Mitigotiion Plan CENTER Type IN Liconse Sect%arts Q ---Long .Iredrm Copfa.l lmproveFnea'rt Plan Based on condition and agc, instirnated repiawerraent dales gleed to be proaided for comninn c-opitaI iterns, Funding should be considered accard:ingly, llema that ore bra%en, worn. or otherviise in � 0i tiers prier to (he estimated replacement date need to be replae�d soeiier. All Leans must have e date for Dates such as: "unsure", lidan't knaw", 4r 1 h ra brokoto" will not ba aecepmd, If you afire urastge of when an itern wi[I reed to he replaC.(--,d,.yeu caij make a prediction i,<aset on the age, appearance, condiliva7, or tyinnutactur�rinduslryr- recammendations. Addiiinnal Informalrum en Expected We of L Fe can ba found at vAva.h ud,gov, Item Dates Last Replacad -Con iitiow VxpectW Replacement Dato Exanlpbs? Wnlox R,5wer May 249 TO F May 20.20 Furn a co 1 11 OV2043 %Va:tar Heater 01,0010994 i= MV2016 Kitchen r ptian-ces 1ib`2UX)14 N 10M112034 Laundry Applian Jourwint umcd G Smoke AlarrnsJ Garbon Nllonox de Alarms W20115 N ii1.27 D20 j�lTd linm-5 Paint18ding +�1sy frre G mny20a 'Mndovi5 1,1r)y 203D Pouf [ I y`2C +3 <3 Moy 2,05D Fence Shed Max Garage Allmhud iv i ov::c Driveway 1954 F 2020 Silo sv l' s 954 F 2020 Other, ' nd-11on AbOrevi-otkxi*5 M` e%v--N Good=G Falr=F Ne -ms fteplacei erlt--R Riga 416 Typi, W J'•er:%!ei bear9set Riiv, 444-15 pity of PraOlyri Center—BuLtdin j ana Cot-atttimmV 54.itd kd5 T}epsrimcnj www iii; 0brflc1ilyr1.vnizr.o g 6201 1 1 TM r11 I Fay: {7j537:.5E@-33a❑ fi - .BUMDING AND COMMUNrff STANDARDS BP 1q 6106 Aldridi meriuri North I'hTTE t DroWvn Confer, ?AN GD1SO Ri�mtai Uuen5e Mitigation Plan Type IV License Sections C --Stens to lmprove itf inagemvnl and Condffions of P'roporty The ii,2ms, in thls section have been pfa-vron to Qss"stwith prcperiy managemetlt and pmperf image, The following actlDns ar8 roquired 1) Check -fn with tenants every SO -days. 2} Drive by property to chock for possible ccde violations. 0 Evict tenants in violation of tfie lease or any addendurns. 4) Remain ,current coli all utility fres, lades, as5essmentsj fine, penalties, Arid other Finan=cial claimsirpayments due to the City, E] 5) Men Tho-follo,*iiig actions aro cpt[Gnal unlats required by the City. Narno of sorWi R company,. 5)_ other: If the Type IV -6 Month Rental Lfor nse is epproved by the City C. ounoil, the licensee roust,comply vfAh the approved f-Ahigai on Plan and all appficable City Cod( -s- A written report must be submitted by the 10h day of oath to-onthwith an - update of actions being tal�en by the owner andfor aga t to tom ply with this lklitigation Platt. A copy of the f-Xonthly Update can be found on page 7. A tillable lform can be found on tha City'swebsite at kvv.,kor,cityofbrooklyt)canter,org or call (763) 569-3330 to haov an electronic copy sent to you via email, Ploasa auach add itiiafW iriformgtion if:noGass:ary, ar+7 r5 i } off Al FsmW Lkagrp. ?AY6 . *.Nq Han. i fi v -f-14-75 City of Wooklyn Center—Buildingand Camminhy Slimda=d5 D pariment �5otiti'.r�F,VIYrb�aly_it iLer.Urr 301liirta1Crcek Earlsvay, Brookip Cs ler V14 554*3-2199 l Plianr:' (i! �; v'a3-3 30 l TTY: 711 J Fax: (762) &M_-136jj 1) Novide l N".1snow-servioe, 2) Provide garbage service, 3) Insiall security'aystenn. F14) Provide maintenance zervice plan for appliances, Narno of sorWi R company,. 5)_ other: If the Type IV -6 Month Rental Lfor nse is epproved by the City C. ounoil, the licensee roust,comply vfAh the approved f-Ahigai on Plan and all appficable City Cod( -s- A written report must be submitted by the 10h day of oath to-onthwith an - update of actions being tal�en by the owner andfor aga t to tom ply with this lklitigation Platt. A copy of the f-Xonthly Update can be found on page 7. A tillable lform can be found on tha City'swebsite at kvv.,kor,cityofbrooklyt)canter,org or call (763) 569-3330 to haov an electronic copy sent to you via email, Ploasa auach add itiiafW iriformgtion if:noGass:ary, ar+7 r5 i } off Al FsmW Lkagrp. ?AY6 . *.Nq Han. i fi v -f-14-75 City of Wooklyn Center—Buildingand Camminhy Slimda=d5 D pariment �5otiti'.r�F,VIYrb�aly_it iLer.Urr 301liirta1Crcek Earlsvay, Brookip Cs ler V14 554*3-2199 l Plianr:' (i! �; v'a3-3 30 l TTY: 711 J Fax: (762) &M_-136jj RUaLDING AND CONThMaW STANDAMS City of I ON Pddridi Averjue Nodh C T1BROOKLYN Br(johlyn Guntur, MN,554,20 Rental License Mitigation Man CENTER Tylpe IV License Stgn and Verity I veriil�j that all in furm;Aort provided is true and accurate. I understand that if I do nal oomply with the 49PPToyed Mitigatian Plan., tornply With all items within the license per'od, or op-erate beyond the 110--na-a expiration date, wforoarrinnt arfion s such as chaffons, formal complaints, or license review may result, Kridin Upton, Branch'Manager 0 Lv),&r ff Aq!w)f 10 rwt &;d ink (Reas a Pfird) . � 4 Digilally -4 ed by Keisfin VV.nn Kristin Upton L31-,sta; 2n LV .1 � 1 o.o4.2o 12:17:19, 4MVY O,YnLirarAgan� Sigriarfj(a Dal 0 ArAIM,f i a? Churg dr Agon t Name and TWe fff fpr W.Ii -Waj Oavz; 6 Prim} Add aima) () mi c r ar AD4m4 S,Y;na I vie (If A pp.Vvn- ke) Mara . . .. . . . . . . . . ...... . . . . . . . . . . . . -- .... . .. clysurf only C-- XIAI -J)v 7 �Zlrxe City qf ProoVd7a Ce-wer—Building and Camrwanilygla-DdRM9 Di-paitmrnt 6201 SNrigle Creek Parhmay, Bkirkf-�Yi Denby, MN 555.130-2 1'39 1 PfianL TTY. 1°1 I FaKj7E;3)W5-MAO City Council Agenda Item No_ lOa #3 COUNCIL ITEM MEMORANDUM DATE: May 23, 2016 TO: Curt Boganey, City Manager \`�,� �� �� �� �`J> FROM: Sharon Knutson, City ClerkyLyVY1/LOYL'IW1A SUBJECT: Type IV 6 -Month Provisional Rental License for 6642 Dupont Ave N Recommendation: It is recommended that the City Council consider approval o£the Mitigation Plan and issuance of a Type IV 6 -Month Provisional Rental License for 6642 Dupant 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 single family property. This property qualifies for a Type IV Rental License based on thirteen (13) property code violations found during the initial rental license inspection. Staff from Administration, Building .4c 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: 07-21-2015 The Owner, Kevin Motarjemi, applied for an initial rental dwelling license for 6642 Dupont Ave N, s single family property. 09-03-2015 An initial rental license inspection was not conducted. No access at time of inspection. 11-16-2015 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 12-16-2015 A second inspection was conducted and failed. NJJaston: [:ns+v/ng nu mbncffne. r.•/run. .rr�, hrc+rrx/vr cn+nnnutlry /hnt cn/urnres rhe yun/HJ' l/Ve-�—�-_� f r n/l pa p/n nnr/prreservrx rhe Puh//c (rsesr 01-19-2016 A third inspection was not conducted. No access at time of inspection. A $100 reinspection fee was charged to the property. A $300 Administrative Citation was issued for operating without a license. 02-02-2016 A fourth inspection was not conducted. No access at time of inspection. A $100 reinspection fee was charged to the property. A $600 Administrative Citation was issued for operating without a license. 02-24-2016 A fifth inspection was conducted; corrections complete. A total of $200 in reinspection fees still owed. 03-02-2016 The $200 in reinspection fees was paid and rental license passed. 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. 04-26-2016 A Mitigation Plan was submitted. 05-04-2016 The Mitigation Plan was finalized. 05-13-2016 A letter was sent to the owner notifying that the hearing before the Council will be held May 23, 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. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and Mission: Ensuring an attractive, clean, sale, inclusive eoninundiv that enhances the duality oj'life for all people and preserves the public trust regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. Nfission, Ensuring an altraeth e, clean, sit, inclusive eonnnuici(v that enhances the quality oj'life for all people anti preserves the public. trust 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. ® At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. ,'Mission: Ensuring rat attractive, clean, safe, inclusive con ntunity that enlinnees the duality of life for all people andpreserves the public: trust Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 _ 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring as attractil'e, clean, .Safe, inchlslve coninu d(v that enhances /he quality ofllfe for all people aadpreserves the public frust TBVR-0091YN erital Lin E4�ttigatian1;Rn CENTER , mt lt�rriti`+<n �gr'f� €e rvr, Pd� s W$11 not l ,ac pled. A ill -able fomlt cln be foond -on the Gig's H -an wit eta v#. tytrtt o'r I i niIr.orJ or nal[ 763 g -=O (0 Faur± ter}'elcttroniO COPY -SP- 10 YOLI Via ema:ii, ��.rr92 �k�41'4 N Property Addr : fi`O,M h'4Vf*rli StlaroE;rwrkie tnO. rS Addit-'sV i�9inn .a �", ARfv Ownef5 Phone; 61"1-12"-"" .errs EfrriaiL' RevirlmoterjC�gmnil.com C.f rent F_xpirakion Dote: A,genV$ P1kone: Agelifs EM2121: Pendi j Expiration Datu" farts '.'rl hrinwir? .almln) 1 fe� ��s �d �,n ropc�ty ri itic�na r�djor ya?jidaled pr,� ioe ritjLsan in i fir r'� approval. �+ the no, i �,raF riy gLialifies far a Type N-6 h,v)n h Rt+r1ta1 Lioerbse, Nor to a�pFP councif a full completed Mi4i tor'�pla1 r corinpIto n si p n theIs htiligtiC�nt�n rr��st mp��ted �i�mec� 2�t Y '19 �aken to correct idew fled Ifhe Al digabon PlaTl shor�ld 4r di �i t?� sig • ,-[anoc whitCikj 0rdinan eS v�p( iar an'd 1 � n s ftt will �e io%en 10 engure ,n r3i�� +a un ;7d a pplacks, ��'l�ti00ti�r1 r']ar� �zf:ar the rn+ftir and k� iY �` 10 1f tl N1i;iafian'leee Pian s not idenbfY V �sibl st�luti is iii ireapr rr ovp-ral[ tend Gom Of the p o'P ing S rhmi�fed, and all r� r n arr,pjt� ed Wtn�in ,�,pent aetf+�r� E� ra otaFi farmer r�rnpIairt, Opera",O� beyond tiles tic i nplmatie date, cit cz or license me'44-1+1 may rewl! gofore submitting, fill -Out sect ons A, I', ftTld C located ort gds -2, �, 4, and 5. M 1'f p-ri��! t�x�r4n �4ii,r�*,1;iFri �,��'. ..� �rQ4` �r+G �vr�� ���r3rt±onkt}r'��rk:f Org Cii�* o��rtw]r13ns�tEld[aa C®ms=�uitF 3indard I?r,�attEr�.sni Ef {7"�s'r r�E� +t]t tjK'-aIe r��, P k,,�,rlY, Urtj�,�cf}`rei;F—'C', L'14 `fiA30a�i�4 TrS+ ? f a � 6.���s �vaaavikl tt>'J1°`"�';1 Lit };Yr Rental 9_iraeami#iQtiarcNan i CENTS im I Typo IV "Licenso i_ _ _ __. seelions A—Crimp Free Housing progmM RCgvtrxrrten F'fliaae: 1 1} Use; a wrin r lvv�;e ThL- load shall include the. Crirri2 Frye Ct5u-5ing "La•;alu �` dvridurn. A cQpy of the 14ase agree ent and Crimea Fein Hou-'tu Lta�se Addendum must bo -it0chod to tha Mitigatlor Plan whan subr" tted', Zj Agme to piusue the for irzotor i or toaso, of o *O. of tenants who v(c"�tE 1h:a terms of the tea -is or any addendunis r 3 �t i'�'Jo? i hurl l bac mond chi fariR n,ewr) x1ive to ian,,s. If1 i a curry,- �Jes l':7: new^'f,Cj��l%fi4 C`+l�t'r 1:5 R`� r r^{J- G t'; l;St[7f� 'S''' Yn 'C]'.�iiF CY)cumentat-,.r 9 i; r 1d a CitV aJYT-ov e d P''N]'lrtloIj-, Cf'm R 1:a Hcisin;,) trrminii-i D4:r1,efrfnrr79t=0r1 f!ar 'rprovC- d comes can ba fo-j-9d at npa.1 r.0e, I lie -1rai ing. cn.(.Cv,&,l s,1eJ=. A copy of Uin Crime t=ree Htuning Ceritit`roozo must he att chid to tate MiftnUon Plan when submittad. Crime Fri Housingtra=r,.inGwas cormpleled Orifit tchQdul� fpr; ���,� � � .ti�i = or ���N f i�lt �, f5l nnir» to �rttr ' Lr,a: L 14tr a ! }4VIi ='ice STAND.,� #1 YBROOKLYNRf ntal l ir.-onSo if4itigation Plan CENTER -rypr- CV Liccrtsu aoons A—crimv;prig Housing PirogfOPT R1zgL4v-Omtnts (cOrt%F!nued) Pha25P III 1) cmr:cr or agent ,vigil LFtu d at m r>'sn7;�r 7 �� f3 (�} of the A-Rg 141. rr.,-Lt g . The A -R -M. meetinOS njue t be cvmp.r-tnW within the rQntaI &iranso prrr a8 -ri'� before the p ra lra+ EYP t�rri�C eXpiration OatC*_ t�&'i�?iation ss r,a . requirr_d, bv,,�e e -r you -oust 'Igr til i ifk:r •g ii1L i'rly' tE a . 'Arrrto taro meie-iirir t!a s M) UNIM! f;;!i aij'• i1 pixl P+} r Jr u dlr:cr f`,�•r agent ;.ii:L rlL Pk Rt1. sP.met]J�ed arc), -i, yvia 1',S, iG:l:. ,,..�� i r>,r.�4:�1r'rlCfli='v 'r�'�i tri - pa3� ... 7h4j fol Iowl ng action are ruqu," dfar pro pa-rtior�with fGur (4) oTmom unit - n*ra ;r>q arinuniylh:,t ind 6�G* rirT%r er, r E'.i;tir,tr rc—Odcm ,C� fir. =}� �'rrt zf,;•,; yiL;.4+ �r ,-,- _. . it firmer 'p1^ � �.�ugp�or �C3+iag &Lff GornitY -t sds> rkz ��t a rar.�irrrns . fr rrr~. + ' �` iili3 c sr }t a i i'4rL . ,i • 'i �.1.: ?lig: I. q r} r�.i_ i F ii i.�r�e fF:- �>.a^.. Cod'` ST S its r�E _ . e f. 4 ental ta�!r�so Irt�icQr,PlanENTER Type IV License C Cl u d Ors anii tion wind � � Matt -.f te�L��ere��-1f Dates li to L� �t�ui��� for ��rs�r;�on �pri�? items, FUr�cfiic� shJGctld be r�sFd�f ��I~arc�inc�ty, items that r�r� �mk��i, ��nrn, at ot§terv�is� i� �d fv VIC�12tjon �5flot to the eSbmate3 RWRCeme- rtd�zta t� r�plac�ti sooner. A1[ items rf�i�St have date for EzWoRVed Rvplacemenl orate. Date such as: "'Urksutc"1 "Don't knew", or "Who ± broken" Will not beaur.eptcd. Ir you arc un!,ura of whafl all stL�m %%I! need to be r- p,pla d, youfi maks r dici art zs��c1 �i.1 the age, appearance, ccr iki rr, car marls a tuiaf d�Istry ruc.onlma ndatlona Addifwal lnfarr Oocl On Expect ti i ch+(1- � r; four tv: rrr.fi , l< �1. gate Lost Rvpiacod Coad '► rs- p rctot9 IR pine rn It ChatQ Itrrr J rp Fumac' Kitchen Appl,arscps. IUaIonr' Appliances n)-n,ke A]arn)&f Carl;- rzXZ-rant Ite-Ms !';� IF1GrSirYi1 RoDf Fein S hpld 't9aran e Gthc r: -- — J G ��rir�lvian l,`t�br� v:aii�:�s. N�av-ht [3csc�Jr� F;air='� �Jcc�l P.e�3crGvr���`= Tyres i v f{ nra-J U: -t- a i,riuY , 61M file n, Pv.-?, 4,TwM qgy of BFvOkIYR CerlcT-$U!i g =d Cvmscn�atg St apt I?tpaFi�r�"r. *k1ynmri2rxq Far, =3411 Srfr4:,%� CILuX 1 JrSCV., i71CfG �i LL �5 5�.-tom ��rir�lvian l,`t�br� v:aii�:�s. N�av-ht [3csc�Jr� F;air='� �Jcc�l P.e�3crGvr���`= Tyres i v f{ nra-J U: -t- a i,riuY , 61M file n, Pv.-?, 4,TwM qgy of BFvOkIYR CerlcT-$U!i g =d Cvmscn�atg St apt I?tpaFi�r�"r. *k1ynmri2rxq Far, =3411 Srfr4:,%� CILuX 1 JrSCV., i71CfG �i TC, 11:?► 8� i'r`^"""U}�'.'bAve... _ ----- Rental Ucerksb Mifigaidon Plan 1� L� � Type IV ibic¢ns S actions C, Steps to jmprDv+e f► ookgen�arI and C.on+r #ionsof Pmporiy The it fn in this section have tae4�f prover, to asziSt N-Ath prat e y managernent eeid prq r*y ;mage. The following act ons are req Wrod= I � Chi-i:rl v -r th tenar is eyery 30 -days. 2) DMe by property to rhea for pa; Bible cx>de VQlatfons_ 3) Evlot t�nanLs in violab rt 01 jlle lease or any a dert vm,%. 4) Re€naincprrenton all Utility tees, taxes, assassnierl'.s, {nes, pez);ofties, and otbet financial cl�iimstpayrnents due'totho City. Ll 5) Other, .. The fcrilotiu€r7g action art' optional i:anfe5s require by the City. 9) Provide lawrilsnov) 95NIC:e 2) Prgvide garage seMw- 3) lnrtalt S ilty sy-_tern d) ProuiJe rnaIM1611;M& serviCN plan for applian Name of servim company_ Other; �.._� of the Typo [Vf Month Rental Lice n.e Es approved by the Cit'1 COUncil, the liMnseo MUSt COMPly with the approved Wdigstiort Plan and all appl G` ble City A writton roport must be r_rbrn tl&d by thu 101 day f oath ffiontlh with) Ott update of acticras laeing Uktn by the owner andJor agent to comply with tris Mitigation Plan. A copy of the Monthly Updaio* rare be found on pace i. A finable farm can be found on the Cry's Webs to or coil (P 3) ' -3330 to have an aIr_CSECnic copy Bait to you via email. pir."' w6 Ptanse attach additional 111formatitri if necessary. %}'HfT i V RTt ,t ..jf LjCpA4q 14 r�tif+Cn CIty 01 Srirulayn Centey 1gocting nd GornmunaY a=daltd;; -ePM MPnt VAwa+:irfafL% lyrrrz; hmmr-br! f34i Wk15tv K='?t 3'erk.5sily, 4Gk.%fn Gtvfir?r, Kt': e:±t1 2$c�� r'hax ' I`7:T 1' Y.s sU ':. X71 t F. di •':il�/J pity of'�' '7' -y ; Ri,-ntal Lica-1-Su Mitigatiorn PIac� CENTER Types N Lioenw? ..r Sign and Vefif � yjT fily til -Jt all IRf'w}"na'Eail f tifltiVZ� lr iCL1L BSI; vUf i?' I f1� i3t tifkLr ij?at 61 do filly comply ;'Cth lJhn gppr47'i["t'. ?-AiS4aboni Plan, Corr. Ply v=ql'i Mill' I'A-ms wiUj. vn'the lic' R.SC pi nrju, rjr O t,=! t b.'yor,s6 thg it(;:5;m5e-' (�xpi.`aLion cfvi f',, er-d Ph"j[`'mtrLaF't1Dns Sash as GO —,s, fr..'lfna! cc, r'FIa-,nt , or.i�z7Qn,"k' ria"I lee r may re`afi;l5, f,:fti,'ftSC,r°yes 71s'L` F..; - PRO!,` 1.!/ a,l.f.vf.1. Ag evof tii M)U yif.r'.J?ifa:J3f^� D Dow ftiur�r, asp; x'v: j TC1t mmuh,,E� Citfiof 3r�k?Yt0Pnlff—B�6rg �l - i f �rF ff°�l''`���SJa i�ir f�- �1• �'1t! 1f`j'.i3�v-�:r �.+. r-�]� �1, AS •,mak ��r.a�, I �..� ..�.. _G .. . . City Council Agenda Item No. lOa #4 COUNCIL ITEM MEMORANDUM DATE: May 23, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City C1erK �Ov� 7� W"� " SUBJECT: Type IV 6 -Month Provisional Rental License for 6418 Major Ave N R¢commendation: 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 6418 Major 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 N Rental License issued on November 09, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies £or a Type IV Rental License based on thirteen (13) property code violations found during the iniflal rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901 .2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recorntnending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mfs / EnrarL A a nor acf! c/eon, ar{f i Inches/ve c uufry+hos enI mrces +/ie 4++a/Iry q%ryJa %m rr/f people and p+' serves Ore A++Elle nzesf Current rental license approval activities: 02-16-2016 The owner, Jessica Summers, applied for renewal of the rental dwelling license for 6418 Major Ave N, a single family dwelling. 03-11-2016 An initial rental license inspection was conducted. Thirteen property code violations were cited, see attached rental criteria. 03-15-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-30-2016 A third inspection was conducted and passed. The $100 reinspection fees was paid. 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. 04-01-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-27-2016 A Mitigation Plan was submitted. 05-10-2016 The Mitigation Plan was finalized. 05-13-2016 A letter was sent to the owner notifying that the hearing before the Council will be held May 23, 2016 Prior Type IV Rental License approval activities: 08-17-2015 The Owner, Jessica Summers, applied for an initial rental dwelling license for 6418 Major Ave N, a single family property. 08-27-2015 An initial rental license inspection was conducted. 16 property code violations were cited, see attached rental criteria. 09-22-2015 A second inspection was conducted and passed. 10-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-22-2015 A Mitigation Plan was submitted. 10-27-2015 The Mitigation Plan was finalized. 11-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held November 09, 2015. 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. Mission: Insuring an attractive, dean, safe, inchrsive community that enhances the quality of life for all people and preserves the public trust Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901, 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Alission: F,avuring an attractive, clean, vik, inclusive comrurnity that enhanees the quality aJIiJ Jnr all people crud preserves the public trust Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. ® At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission. Ensuring an attractive, clean, safe, inchrsive conurrunitt.- that enhances lire quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units 1-2 units Greater than 0.75 but not more than 1.5 Greater than 4 but not more than 8 Type III —1 Year 3+ units 1-2 units Greater than 1.5 but not more than 3 Greater than 8 Type IV — 6 Months 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 518B.01, Subd. 2 (a). License Category Number of Units 1-2 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 No Category 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 1-2 Greater than 0.35 but not more than 0.50 Greater than 3 Decrease 2 Categories 3-4 units Greater than 1 5 or more units L Greater than 0.50 ,Mission: Ensuring an attractive, clean, safe, inchrsive connuurity that enhances the quality of life for all people and preserves the pnhlic trust 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 6418 Major Ave N :Mission) Ensuring as altraetive, clean, safe, inclasive eontlnwdR y that enhances the quality of hte 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 6418 MAJOR AVENUE NORTH WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6418 Major Avenue North, was issued a Type IV Rental License on November 09, 2015; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (13) and validated police nuisance incidents (0); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6418 Major Avenue North, Brooklyn Center, MN. ATTEST: May 23, 2016 Date City Clerk Mayor 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. XBR2%1CLYX CENTERCl TIT 11I r e `� R,antal Llcenso Nliftation Plan Type [V License Harldtvrittc-n A'fdti.9ation f'le'es wilt trot tie accapfad. A Tillable forte can be found on the City's we site at%viAli,cityoftlrooklyncenter,org or call (63) 561-3330 t4 have an electronic copy Beni to you iia email, Property Address, 6418 WOTAve Brooklyn G,ohn1er Chminer's Name(s): Jessica Summspa Vern. §i1AW& surnnv!r5 C<omor's Ad&ass: hb, E Ro#at Ln'21B9 Irving TK 7sng avner's Phow tgb�p229484B Oxtijer'5 Email: it coni Current Expiration Date; 5t31,11a fit? Local Ment(s); Shannon SankM Agent's Address. X40 P-::`1 erne BW #205 Si. Loun Pail, MN 551113 Agent's Phone; ;812) 221-8411 Agent's Email, shannonsanford@live,eorn Pendine Expiration Date; ilfn'io {rix M3nihs iron anent rtciO Based on properly condiltons andior validated polka Nuisance Inrldenis, Ilia abtwo ra eror ind property qualiftos for a Typo IV -6 Month Rental License, Prior to application approval bythe City Oouncii a full` completed Mitigation Plea rraUst be completed and approved by City staff, A 141 itigOon Plan mast be torrtpleted irrimodiatcly In ordar to orisvro tittlely, car nplation Of the limnse appliGaton process, The Mitigzition Riau :should indicate the steps being taken to correct identified violations and the measures 1hal Will be tal�erl to ensure onpirtg complienco wii l City Ordinances a,nd applicable c4des, A iulitioation Plait allovts the cAvner and the City to review conoerns and identify possible solutions to improve oveml[ Gin€iitions of the property.. If the Mitigation Flan is not sOmitted, and all hems are not cornpleted withirk the [%ndino licerltA- period, or the above properly epeeetes beyond the license Expiration'late, enforcement actions such as citation, formal complaint; or license re+riew may resu It. Before subrr,lttln, fil"ut SGe— ons A, 8, and C located on Pages 2, 3, 4, and 5r fia]n i:ti6 Tf`pa ,�V f?3r rror l a gra + W10101 TNan, Re`l. 4-14-15 Ci#y of Eroolrlyn fronto—Building and Corrmmnnily Stand3xd-S M�parlm—ttirti �.Cityd rbdV,TT6n61Adfg b-sr71 541rrjN C•rt*k 1'af 30'x�y, &'o Wyn 09PWr, W4 aCA;5A1-21i19 1 Phono,(y �j �3 9� l 1 ; �1"i i Far, (76'I){`s -XM BVMDING AND COMMUNMY STANDARDS TIBBROOK�JYN ity 'of or Awry BroWyn enter Rental License Mitigation Plan CENT Type [V L foansa Sections A—Crime Free H€xtishig Prog m Requlran ones Phase I 1) 'Lsse a verilten lease agreement. The tease agreement shall intrude the !Crime Free Housing Lease Addendum, A copy of the raasra agreement and Crime Frs�a Housing L imsa Additodurn dusk Ike attaehe-d to the Mitigation Flan when submitted. 0 .2) Agre-a to frurstia the torr-nination or ]ease agreornent or ovictian of tonants wba Violale the terms of the lease or any addenclumis, 3) Conduct criminal background check for all new prospective tenants: if it is a currant torts nt anew back.g round + heek ie not required, tyt Wst he abl.R to provide docunienta.tion to City if requestcd. t' 4) attend a City approvad oigbWiour Grime Frea3 lic)using Valmiing c4vtse. Inform41110TI for approved cou rses can h� fat,. di at tv%vw,mn cpa.net a nder the Training anti Events tab. A copy of the Crime Free Hous!ng Certificate must be attachod to tho Mitigatlon Plan whon t ubmitted, Crime Free Housing training was completed onfis scheduled for 2122 Crviner or agent attended?is pranging to attend training at city of: 0 5) Submit Monthly Update by the 101h day of each mon th: R'hase 0 1) Cortipleta a Secudly Assessm-ant and Impl.-emwit Improvements requested by the Brooldyn Center Police Department, To schedule an initial orfcllow vp security Assessment, call (763) 569-3344: A follow-up assessment must bra completed tWore the tiuen5O expiration date to verify the 5ecvr4y imprevemerits have been implemented. if a security Assessment has been previously completed, write the, co mptel vrt date, ecvrily Asse5!3 lent was completed onlis sotieduled for; 1111V15 Security Mgessmerit fbllovd-vp wos completed en#js sbhedula J for, 12?1711s Continue Sections AF Phase III ars page 3. aP8 2ffi7} s�da�Fsk.+Ir21L10Et� 4,9f�1i;7�11 wi'�"l {�� 4-f -�5 itjr�d�r669tE}tii epi >F—BktrEiiingahilCoroxtiuni9} Waftdaxtial gaxlYrterit iyara:oaklymmnher.arg $3dj iirgG Creta Pa k�r�g, &a�klln: ��:r r, F.1Pd 55� J-�i�y l Pham; T$ j ?57v�7 i TTY -711 )[IMMING AND COMMUNM STANDARDS XB ty e�f �L L. 0r4f tlajor AmerTT Ero.kt n OBnier Rontal 1_Itanse Midgatioh Plan Typo IV Llcpnaa Scctie+ns A—Crim–a Free Housing Program Regalreri►ents f42ont hued) Phase Ifl: 1) owner at agent will attend al minirn-d- l 50% {2} of the AA,. meetings. Tho A.R.M. moctings must bacomploted wl,thIn thee rental Iicenre pedod and before the rending Type IV I-ieeuse expPrafi+an date, Registration is not required, hovievar you must sign -iii during the meeting: 4 Rite Two meeting dates an oi"er or agent pian, to attend, X7- C' Wner or agent will attend A.R. M. rneetings scheduled on and�i� 0 2) Have no repeat code violallons pTeviously docume; ntad viith the past year, The f6ilowing actions are requlrcod for proportion with four, (4) of snorer urlats, 1) CQndv�ct resident training annually that includes dime prevention tochniques, 2) Conti uct refit la r resident meetings. RA3e 31r, Ttpe JV RE;Ir2J Li'M8i UVyr113r; F)'] I Rru 414.415 aty i Prook'lyrt CenKe r-8 ui1dia19 Etta 001jjnju1YSIV51audar6-,j Depkslraent wvio.i 61 ArcemLer.org 15M1 511,1 Ie Cre-ek Ceilee, VAN 65430.199 1 Pha'ir- (7t;9i Fla 3 '3:i0 i 11Y.711 1 Fax. WW) EMP -5360 B INGD COMMUNITY STANDARDS City of 154 Grvcf',`p C�:nier Rontal Llunso MItiTypo Plan =ER ire Llc,�nss eotlons B—Long Taym Capital Imprvvemenf Marr Basi on condition: and :age, esVmatcd rcplacarrlant dates need, to be provided for common capilal items. Funding thould be Considered accordingly. Items that aro broken, worn, or otherwise in violation prior to the e0rnaled replacernent date need to be replaced sooner_ All itemr- mij,,gt have a date for E,stja,a od Filoplaa-srrr-grid f)afo, Dates such as: "unsuro",:1`don't know", or ,Fault -eh broken" will not ba acccptt�d if you am unsur8 of when a n item wain creed to be replaced, yo u can make a prediction based, on the age, appearance, condition, or manufacturallndustty recommendations. Additional lnformaian on Expectpd Usefvl Life can < e found at vAvw.hud.gDv, Itarn Date Last Replaced Condfflo ll Expoawd l?opts oe rent Cafe Eyampdo: l•'4War H&afor 1"tay 2070 F May 2020 Furnace VOG W30 Water Heater 11105 CU120 Kitchen Appliances 1�1G Laundry Appl-Ja noes 5r15 Smoke Alarms, Carbon l' onoxWe Alarms SWI, D16 PainV,Siding Vas WjndovSs 'Cklgs Roof 7MG ��Page ��Oa Met: G Sf2a Nei -2O G GI F,�5 ��Page ��Oa Driveway X117 � sd walks Met: G Sf2a Nei -2O G GI F,�5 7136 F X117 0150 a G 50 G 8,50 'Condhion Abbr"liG cans: RVdotN Good=0 Fai —F heeds Replmn srnent;:R. Pap d;' fps MR-or).10Lk,,AriseFW%@ V. 44445 City ofIlrooldgnGeniar—R-ailding;L-ad fE1[6ti18nb�F Rci�Lt�dYd817e�5�tEm�ni wrnn.t#y�nr�dJynvrnl�r.C�r<] 01 Shiny a Crack NrVw3Y. 6rodr.t n Cenlei, MN 554.30=1193 I PhnnL: j7,S3rr 50-,1r0 I IW; x1 j I Fat: BUITA)I NG AND COMMUNITY STANDARDS S City BR- LY Bd 78 Major Ave E r�renkip �eniar Rental License Mitigatl-on Plan IS TER Type IV Lieansc -5evtions C ---=Steps to Impravo arra C-(3rrdif QM5 QfPFOPerty The 4ems in this seciion beve been proven to assist with property r'nartagem mit and property image. The following actions are requlred 0 1) Check-in vAth tenants eatery 30 -days. 2) drive by property to check for "ssibie code? vidlations, 3) Evict tenants in Violation of the base or any adderpaums,. ,0 d) Remain current on all utility fees, taxes, aasassrngnls, fines, penalties, and other financial ciaims!payinents due to the City. 5) �kfler, Tho f411owing actions are optional unless required by khe City, 0 1) fort -tide t;§vMh9nvw service, Provide garbage service. 3) Instal] seoUMy syslern, d) l rottide main(enartae SerV!O-- P13 for appliances: Nanie of service company; Grmtcrpaint Herne SeNce Flus If the Typo IV -6 Month Rental License is approved by the City Council, the licensee must oeMpl!y with the approved Mitigation Flan and all applicable- City Codes, A veritton report theist be 5vbmit#ed by the IO'h day of each month with an update of act anis being taken by the :ownar andlor agent: in comply with thi-5 Mitigation Plan. A copy of the Monthly Update can be forbid on Hage 7, A fiilable forrn can be found on the Gity'.s vtebsite atury u,; tyofiar. hl ne nter.vrgt or call X763)569=3330 to have a:weleclrvnia- oupy sent to you via email_ Blease attach additl+onalInformatior ifneaeseery€ F'''2 wti 7}}761}RrM0ii66cw W4.79Ei:t ,Ren, fwd. 4�W45 City sof Brooklyn Ce. vier ---Building and Community Sland RM:G Depualment 5S1ti+.4.Cil�ufLrml:Fpne��le .nrg 891M Shin c! Crc ek P ria��rs. �ruoklyri C&firer, OAA 55430-219, I Mnc%L1': f -e,&3) �-,83„2.530 1 TTY: 711 I Fax' i7i i 56M340 BUILDING AND COhMWMTY STANDARDS City -o f City TER OKLYN G 4 15 kf�, i 0 1 AVS C, Brooklyn Banter Mantel Lioen-5e Isfitigation Plan CEN Type IV Uo en!3e Sign and WrIfy I ve* that all information proVided Is true and acc,wate, I understand that if I donor comply wiih The approved Mitioa.flari Plan, complV'with alliftenis vfithin tha 11-cento Period, or operate bey'O nd the lioen&2� expiraii-a n date, enforcement actf Dns such as eitations, faftnal obroplain'15, yr license review may result, Shannon $anrefa, p,roporbi roorzqcr Otynor a, Agent NanwaM R'(!? (F)L-8-SO Phl-%9 D1311811V sijk riod Lq Shaivait Sunrd Shannon SanfordDal., �01 0,05,02 OQCM -OPOV Oomor or AWM Skin Mere Add(ibqa? OA'11QF aF.Ab'k-'M 1&1010 vid Tirh, (rfApprivabM, Horse PAW) Vzlr=5 A.&MYarjof Okyr,5-r or Agent S(qnelare 0111 :tip Dare 11_,,11:, pity Staff On dy rilrirj]r Dale' Id ig kly 01i ?ni Piga &` iTY09 I V aeow oM t&m.1 Oqmlkw F -Top, P'qv. city df Braulayn q. -Ad CommultIty MlWardis Department 6::ll$h*.-lr,leCragk.P,qrkv,kay,Bfo6.(,trY)Carder, hiNM43D-21-qg I Ph;rW:,7i)%kfl,3d210* I TTY:711 I Fax:{76311569-3260 City Council Agenda Item No. lOa #5 DATE: May 23, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6 -Month Provisional Rental License for 7033 Unity 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 7033 Unity 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 10, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. VI1sslon: h7iisirring nn attractive, clean, safe, inclusive conwwnitv that enhances the qualify of'l►fe for ull people and preserves the public trust Current rental license approval activities: 08-14-2015 The owner, Matthew Vetter, applied for renewal of the rental dwelling license for 7033 Unity Ave N, a single family dwelling. 08-27-2015 An initial rental license was not conducted. No access was provided at time of inspection. 08-31-2015 The previous Type IV Rental License expired. 09-11-2015 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property 09-29-2015 The $100 reinspection fee was paid. 10-01-2015 A $600 Administrative Citation was issued for renting without a license. 10-16-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-02-2015 A third inspection was not conducted. No access was provided at time of inspection. A $100 reinspection was charged to the property. 11-05-2015 A $1200 Administrative Citation was issued for renting without a license. 11-18-2015 A fourth inspection was conducted and failed; corrections not complete. A $100 reinspection fee was charged to the property. 12-14-2015 A fifth inspection was conducted; corrections complete. A total of $300 in reinspection fees is still owed. 12-18-2015 The $300 in reinspection fees was paid and rental license passed. 01-28-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-28-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-06-2016 A $125 Administrative Citation was issued for not submitting a plan. 04-26-2016 A Mitigation Plan was submitted. 05-04-2016 The Mitigation Plan was finalized. 05-13-2016 A letter was sent to the owner notifying that the hearing before the Council will be held May 23, 2016. Previous Type IV Rental License approval activities: 02-28-2015 The previous Type IV Rental License expired. 03-02-2015 The owner, Matthew John Vetter, applied for renewal of the rental dwelling license for 7033 Unity Ave N, a single family dwelling. 03-17-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-24-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 04-27-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-05-2015 A $300 Administrative Citation was issued for renting without a license. 05-06-2015 The property was posted as unlicensed. 05-20-2015 The $100 reinspection fee was paid. Mission: Ensuring an attractive, elean, sgle, inclusive conururnily that enhances the quality oflife for all people and preserves the public. trust 05-29-2015 A third inspection was conducted and passed. 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. 06-11-2015 A $250 Administrative Citation was issued for not meeting mitigation plan requirements. 06-29-2015 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. 06-29-2015 A Mitigation Plan was submitted. 07-21-2015 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. Prior Type IV Rental License approval activities: 08-18-2014 The owner, Matthew Vetter, applied for renewal of the rental dwelling license for 7033 Unity Ave N, a single family dwelling. 08-31-2014 The previous Type IV Rental License expired. 09-05-2014 An initial rental license inspection was conducted. Eight property code violations were cited, see attached rental criteria. 09-05-2014 The property was posted as unlicensed. 10-06-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-07-2014 A third inspection was conducted and passed. The posting was removed. 10-20-2014 A $300 Administrative Citation was issued for renting without a license. A$100 reinspection fee still owed. 10-28-2014 A $600 Administrative Citation was issued for renting without a license. A $100 reinspection fee still owed. 11-20-2014 A $1,200 Administrative Citation was issued for renting without a license. A $100 reinspection fee still owed. 12-04-2014 A $2,000 Administrative Citation was issued for renting without a license. A $100 reinspection fee still owed. 12-08-2014 The $100 reinspection fee was paid. 12-22-2014 The $2,000 Citation was dismissed after a meeting with the property manager. property manager stated that the owner is in the military and moves around frequently so the mail is lost or not deliverable. The property manager stated that the mail at the PO Box address was getting lost and he did not receive the citations or notices. He called once he received the $2000 citation to discuss the options. 01-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. .Mission: Ensuring an attractive, churn, sq(e, inclusive cotsununity that enhances the quality of life fir all people and preserves the public trust 01-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-18-2015 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. 02-27-2015 A Mitigation Plan was submitted. 03-03-2015 The Mitigation Plan was finalized. 03-16-2015 A letter was sent to the owner notifying that the hearing before the Council will be held March 23, 2015. Prior Type IV Rental License approval activities; 11-12-2013 The Owner, Matthew John Vetter, applied for renewal of the rental dwelling license for 7033 Unity Ave N, a single family dwelling. 12-05-2013 An initial rental inspection was not conducted. No one present for inspection. 12-19-2013 A second rental inspection was conducted and failed. 16 property code violations were cited, see attached rental criteria. 02-10-2014 A third inspection was conducted and passed. A $100 reinspection fee was charged 02-24-2014 A Fourth rental inspection was conducted and passed. 02-26-2014 Reinspection fee was paid. 02-28-2014 The previous rental license expired. 03-03-2014 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 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-04-2014 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. 06-16-2014 A Mitigation Plan was submitted. 07-01-2014 The Mitigation Plan was finalized. 07-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held July 28, 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: Mission. Ensuring fill allrachVe, dean. Ytlfe. inclusive coillintinity that enhairces the quality of life fol- all people and preserves the public trust Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police 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. .Mission: Ensuring an attractive, clean, sq&, inclusive community that enhances the quality aflife J" r all people and preserves the public trust Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clears, safe, inclusive community that enhances the quality aflife Jar all people anti preserves the public trust ►l 1 '116 ,, i111 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Service & Part I Crimes Inspected Unit Code Only) (Calls Per Unit/Year) No Category Type I — 3 Year 1-2 units 0-1 3-4 units- 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 1-2 3+ units Greater than 0.75 but not more than 15 Type III — I Year 1-2 units Greater than 4 ' but not more than 8 5 or more units 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3-4 units 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 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 Mission, Ensnrrng nn attractive, clean, safe, inclusive conrnn pity that enhances the quality oj'lift for all people and preserves the public trust 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 7033 Unity Ave N Mission: Ensuring an attractive, clean, sale, inclusive community that enhances the quality of7ife for all people and preserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7033 UNITY AVENUE NORTH WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7033 Unity Avenue North, was issued a Type IV Rental License on August 10, 2015; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (0); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 7033 Unity Avenue North, Brooklyn Center, MN. ATTEST: May 23 2016 Date City Clerk Mayor 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 Ct7MINUINITT STANDARDS City of BROOKLYN kvntaf Liconsj .Mitigatiott:Plan 4t CENTER Type JV Lireriso Harrdwriftell I.110gatfon flea a avidriot be acceptcdA flllatsle farm can be found on the City's website at or wfl (76a) 560-8330 io havi anefeotronJc cagy sent to you via email, Property rlddrass: 711.13.N Unity Ave 13rookryr. Canter, MN 554;30 Owner's Naiti o(s); llaltheor b'elce-e Owner's Addr-Fss; 3071 E&: -j1, Talar Cir Manhmitan, KS 66502 Owrri;-rrs Fhone—. (605)3TUGOG Ownvin's Emalk vetter.lighthous '14)lgmail:rorn Cureartt IEDKplration Date. 2,, , .. Local Agen1lS): Rantars Warehcu:c Agent's 4cidrPa3:, sf?vneap�5s,16 Rcedla �-r N 3542 Agonts phone, (1),52) 410-L48a A.gant's Etniai1, fknchQ�r9W.BismareW,%uW, ,C0m Pending Cxpitaflu Date, ar , 6 JD u,� [Six morlha trcrn gurwd i+aFiradcnl r 8a!5ed on prop irty candilions ariWor valIdaicd police riuisarico incid6nis, he ebov)o rofe'renced proporty qualifies fora Typo Itis -6 hllanth Rental Licanse., Prior to applicat?on approves. 1 by the City Councils Nfly compli'wd Mifig3tion f'lenmust be wrTiplete,d end approvod by fifty staff. A Nliligall n.. Plan must Na C mp.lMp.d` immediateIV In t? der to enStiTer timely CMplGlinr5 lof 1he lioense applttadW Frcvess. Tho N1itiption flan should ladicatethe steps hAingtakon t0 wrrect identified vduhtions -and °;ho lriaawre-s that,voill bo taken to ensure ongoing compliance vrlth City Ordlnance re l applit t>le des. A Mitigation flan Allows the ownet rind the Clty 1a reviatw r-ortoorria and identify possi<bta solui ions to 1mprolre ovorail wndiiaon-s of the propotty, If the fulitigafien Man Is not submitted` and all items aio riot rnpleted Mthin tho pamdin,c Iftpri5t-;period, or 1ho above. property aperMes beyond tho kens expiration date, enfr meiraw rit actions stiuh as oliadon. formal tompla nt., or license review may msuft. Oef4re submfttlni , fill -Gut SeotlonG A, B, and C Ibcatad -Qn pages 2,3. 4, and 5, Fagg" i 1.0g r-dr?X--, RY p 614-15 15 Giiy -I Brooklyn Cen#fit—�t�o�$Eetg tind Gor nsnnatg Stamdards j Q1P'-R trYee 1 rtti�x�ilyGi r�i7kf}! IGrJrJl4r,4;Q E,301 SHN--' CrucI:;`a gay. Flrod-dyil Ct�fil :,.tiiFJ 5542 ,21 t9 I riv:rtes; 4763,150-30W � TrY: 711 1 Rm (M3) -9-3360 BUILDINGAiVIi CONMIM ST' ►3 S tdiEyof EPIOOIM'Y a+ovkl ynlJC erter, f.1N HMO ENTER fVlR19ation Plarr Type JV :License uctions A— Crjmz .�*e HOjrsjng Prograrrr Requirorrlants Phase I 1 } t9s a kwrrltla*i re" a5rr~ ement. Tho lease agmoment shall include tho Crime Froo Housing Lease Addon<dim,- A copy ofthe IC;nse agreernont.9€J Crime Free Houbing Leasa Addendurn 1-110:0 tie attached 10 the [rr[itigatlon Plan whorl submitted. 2) Agree to puraury i, e term Inallun or lease agreie nent or esrictinn of tenani�, who viblcte the terms of the leafia or any addertdurn5. 3) Conduct arlrninAi background 4lieck, for all new prospoctivo t�,ntjnts. If it is a curror7' tenant a new tmackgrourtd check is not required_ 141ust be atii r to pr ride do uri5enlatic r to City if rquasted, 4) Aih1 rid ig City approved eigtrt-.hour Crime Froa Hovsjr:g tra niq Ooursa, Info wrioV4n for egprcive?d 0ourses can Iia fQvnd ut wv, wv. m nopafnet under the 7rakeiag arW5m— is tab. A oopY of the Crime Frog mousing Cert IfIcato rnusk be attaahed to IN Mitigation Plan whom submitted. Orlmo rree Housing Vaining was completed onr:s schodul-,d for; Owner or merit atfendedhS PIMIning to attend tra ming 9( city ot_ _. 5) Submit Monthly by th-0 tOh` day of each rn ilh, P'f�asa III 1 Onmplelo n SiEcu city Assassrnantl aftd implement improvEr rents roquaciod by the Brooklyn Cooter Police DeparLmont, To sehadulo an initial or follow-up $ecLjrity Msessrriem, call (T63) 569-3:449. A foilcw-up assessment must be completed before the liconsa expiration date to vori'fy the seeuaityr improvornanis have been Implemented. if a. Socurity Assessment has been previously completed, virite tho i�om,ptetion date, Socurity A35essmant'NQS oernptele[f onFis zchaduhA for; Will 4 Security Assaszment follow-up was comp eted on -lis schadulyd for, Corftinve 5ectlons A, Phase M, on page 3 "Iga 211 rye W Prim? Vtij,:,sf: A{o:'gdOro Ra,). Nm 4-14.15 City of Uroo.14 t Center—Ruildirty xwl CornmunityStanda7dr Dopkr"oiit wtrn,at.yoi'brcouYrcegwf.uey e.3aI Sh{rro.]ta S;;rtlr"P PaA'+*.`rrrOreokrn rAr.:;Ylr, PSN 55 4W Y9 1 PA, an-it.176;y563-3390 1 TTY:Yii i Fa�t-;7611] E69-3MC- BUILDING AND COI4IZ�TUNITY STAI�DAR1) City of -- �. ~ qy4a�J 111 3Y �'+�j3 Unita'Ave 84 00k1 GoMer.'NMI 55430 l -ental' Uctnse Mitigation Plan CENTER _ TW4e IV L-ieense $ectio s A—Crima P; eO Housiiag f rgyrafn etc cluty'ements (contirrued) phase 181 1) oymer or agent win attend at rnInI t7um 00`Yo (2) uI4th-- A.R.to. meetiings, rhe A.B .M. meetings must ha comptetedwithlri the rental ficense period and befora the ponding, Type IV License expiration datd: Ragisiration is not ri�quired, howover You rmust sign,in durf nq tite meeting. Wdie two mo41ing gates ars rativr`Ll�r or agent plan to 0ttend, Owner orage rawill Wenn A_R:.10. meetings schor#uled on: L2rtstY6 andI%,1W16 z2) Have no repeat o3de violations previously documented with they p 7st yor, The tofiow nijactions aro required for properties wl'th four :(4) .or more units, 1) Conduct resident training annually that lncludn crime pPAS ontion .techniques. 2) Conduct rnolsr resident maetir=,. 6,PfRsNkarLiuwm thitg+gur.,Pbrr Ra P, d i i City Of B1003dyn ®h -d Ct)n vanity Stsnd;LY44 Dopat(meft v, �vr,nl�r`�r�rlclynG6rylFr b � 0.301 Wnglo rrrJr_,'c f1nc%)mv, ©(�.,;6k'tn Cenrer,.A4tr' V'AX-2-1d`J I ; �763),5M-MC7 1 TTY: 711 1 PIX; (763) 569-336D X.BRCOOH11M BML�iIAND �3P� 1`TNM ST AND S 7i133N'Unity'ti�r;NTERC,EiWrNIN Rental Licenso Mittgellon puri - _ Type rV UcL-Rse Sections D—Long Torrm it ft f lrrr i o era ,# plan J3{5sed rrn condition a nd Oge, oslinlated replacement dates need' to 1�e provided for common capital lie -IT s. Funding should be Mri$idered according-l}r_ 11,2ms that er8 broker, ar4rn, or ojhervr se In violation prior tc the osii'rnated roplaoer!ient date reed to by replaced sooner. AIC i!tfims musk have a data for E- rnatecf Re racofihent Da!e'_ Dates such as, 'Unsure", udonot ton "' or "whets broken" vAh wt be accepted. If you are unsure of whoa" Hem will need to ba replaced, you, can make a pmdiction based on i.110 Ode, appearance, candilan, ar it ary (autu elInd'ustry reo,u nmendatibr s. Add;danat information on Expected Useful .Lila can tie found atvA1m.Fu d,sov; Rom Date Last Replaco s�tdl FF,,l u[ ealgr FUrnaGO ION Abater Healer Jon 20+2 Kitchen APpllancos ,Un 2011 Laundry ApplienGcs Jun 2011 Stroka Alarms] Carbon Monoxide AfbmiS 20115i Exl(�_riot ]tents Raint,'Sidin r° w�Cis5livn Windows Aass,1,M,ii*1'1 Roof rv3i�ti�l qn Fence MsD:Mon .fled Asc2tin Garge Jun Vii 1fir x, Driveway assa lidigr! S Idrivalks A553'.iali Other; Qondlkton" >wxpOeted Replacement Date F M -3.Y ?020 F 019 2026 G _E 2ota 'f gw1i6m rhbre4iatfw,,: Nceo- t Grjo rl^ Falr=F Nrv4Js Raplacoment=Ft PS96 4:q rou W ("Uidd Lifuerso R&44.14.1� CRY ofErq*lynCL4h1vz--13ui1c1Wg-and Cormtnunitg5tsnd tTdsDQpartmenr v,��w.Ci!pV�l�,�khy-y�,r.C3rArp fi2n 1 Shirt Cs Cea�F Fr rkway, rdr!elyt! Cenlef, My M410�2103 I I TTY 71t I far_ ?CSI° 'a5' -'a350 BUILDING AND COMMUNITY STAl DAItaS City *-r 701211 N 4.tniry Ave I,Y11TrakPy,� Crrilor, ftd ��; Renta[ LGGanscPlan CENTER Mitigation Typo IV I.Juensa S'octiorm C— Steps to Improve Management and �anditlohS OfPrOparly. Th(a items in this 5�ection have bean proven to `,uitl7 proparty m:anagamoit and properh inmaga. The actions are requirrid: L` J 1) Oh eck4r► with tenanis oyery 30 -days, fVj 2) Clri1re. by property to cttip-,ak for poSSibla Or e Vlrls11¢n5, 3) Evji t ten anis in violation of tf.p lease or arq/ addendurns, 4) Remain r irrent on nit utii'ity I`e-as, takes„ uzisaGGmenis, fines, ponalries, and ether Anon oial c"aimstpeyments thio to the Ciiy+ Tho fal]Q wing a0la i , are optional unless roqulred by the City. 1) Pravide fmivnfsnoyi se -mice. pr4lvido Qar54oe erti�ice. I n4tall security .s}rsiem, 4f, Prv/jd'e maintenance tor)ice plan for appliances Nam o, of zeryioe oompoliy; �' 65) Other: Above by HOA;.ap-nenis If the Type W-6 Phunth Rental Licansd is appro,.red by tho City Covncij, the kansea must ccrmply wilh th approved N itiption Plan and all appk at,)le City Coda. A written report must be subrnitte�d by the 10`h day of enh month with an up dale ofactl ons beintj taken by Ow owner a.ndf or agent ter comply wlth this Mi1:itj3teor1 flan, A capy cif t3 a t-SuAly Updato can b i found on pa e 7. A fillabla Perini can be found r r iiia t 's website at %%Yw.aityofbr7aklyncentcr,org or t�atl (763) 5&9-n-30 to have an elocfrinnic appy cent to yDu via Onlail. Please attach additlonal inftoemation it necessary. ryW rtj Rt-wiri?l L' k nstr ,fA'S�S, aq A`^ t Rrv. 41-14.1,16 pity of -Olr-0641vlt C@ntCi- 111Li1dinq RTr1 �,�5�tn�nil}� .SndaniE Deparhrir�t �swrLr."ijnrixtokfyTp cnnh-.r:gm {�3] •tahinV to C.7r._}Y, Fe�rkvr4y, E��aktyn c:a,�er, ►.rN 54>�-� 1�]J l Phon*- [M" rra'.-`J :aG J TTY. 811 P Fmc t Sa Wr 3 0 City of 70`13 N L4!i[y Ave SRC ri �ilwT Br,-uF lyn Qe�ml :r, hilt/ 55130 Rants] Ucense Mitigation Plan NTkR Type IV License $il nnandV6rifyt I i orify+ that X71 irii>3rmtil nprovided is two and accwrale, ! undersland Hat if I do riot cm, p[y y , the appl-bVed Mitigation Plan, cr'mpl'! wb @ll itorm. whhb the lice iso peelcid, or operate boyond aho license expiration ii;�te, eritorcament actlafis such as citatba s; formal complaints, or license review may rasult, K1,51111OW V01,15r, Offl)& �}NV1EV'di"fit}°ltf+am.3 liv ,wife f'r;Tema Pri(d) O resrAgemt 3 +tom;c7 iffo D4 14} .lace Koch - Nniers Warehouse Ad iSwar.,gr owrYr (.r A,gemr,Nm-eie emd rive ASersa Fymll 4,12512016 Aid.-RMSP' i Ol me(%;r ApEelr Argy Yu7 lr,,l, - Pita -. — T . - . 5i ?,510 "rtl ?ll7iit15+,� Sidf .�rtY�L�S' o1 ?�+rtr Dal +c !of1i TypaL.rarrseMfloafnrola RIM -f i:ftg uf.bioalt4gn C�tcr !luii�915v� a4ei Gameaunl7y S1�SidarcYs bo�atYsitt,rit w.�+,u,Lyl���l� Ottely�4�illut.iitrd C;x�i 6liinplk ��etx.F'rrkttiaf, €I{w:�lyn �enler F.It2�5a:i4«i� j �ir7f:2: ;�L•.sl ���•3�;�U l T'Y,?11 I Fax: [rl+3;iS5�1-33�G Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 23, 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 1. Chapter 12 Amendment Limiting the Density of Rental Housing in the City 2. Water Tower Painting Project Concept PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Paperless Packets Report 2. Opportunities for Small and Diverse Businesses 3. Fire Department Structure 4. Centennial Park Improvements 5. Surly Darkness Day Event — June 23 6. Solar Energy Options Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK. SESSION DATE: May 19, 2016 TO: City Council FROM: Curt Boganey, City Mana & SUBJECT: Chapter 12 Limiting the Density of Rental Housing in Single Family Neighborhoods Recommendation: It is requested that the City Council consider providing direction to staff regarding the proposed ordinance amending Chapter 12, Section 12-901; limiting the Density of Rental Housing in the City. Background: On April 25th 2016, the City Council held a public hearing and second reading on the proposed ordinance amendment that if adopted would limit the density of rental housing in the City of Brooklyn Center to 30% in a census block. City Council has received several written comments in addition to the comments made during the public hearing regarding the proposed ordinance. Following the public hearing the City Council discussed the proposed ordinance and many of the issues identified during the hearing. I have enclosed an excerpt copy of the minute's discussion for your review. Following the Council deliberation a motion was approved to table consideration of this item and to schedule discussion at a work session in May. This item has been placed on the agenda in response to this direction. Based on the Council discussion we look forward to answering any Council questions or concerns about the draft ordinance. I expect that some questions will require additional research which we will perform as expeditiously as possible. Policy Issues: What additional information if any would the Council seek in order to make an informed decision? Should the ordinance be removed from the table for Council consideration? Strategic Priorities: Enhanced Community Image Mission. Ensuring cin attractive, eleau, safe, Inclusive community tient enhances the quality of life fir all people and preserves the public trust Curt Boganey From: Julia Parenteau <juliap@mplsrealtor.com> Sent: Tuesday, April 26, 2016 11:46 AM To: Tim Willson; Kris Lawrence -Anderson; Lin Myszkowski; April Graves; Dan Ryan; Curt Boganey; Jesse Anderson Cc: Bill Wald; Shields, Judith A; Lowry, Cotty; Bland, Faye; Wilson, Vita; Robertson, Lael; Anthony Sanders; Eric Myers (emyers@spaar.com); Patrick Paulson; Hoem, Steve; davidevanson@kw.com Subject: Public Hearing Follow Up Categories: Red Category Dear Mayor Willson and Members of the Council — On behalf of the nearly 150 REALTORs° who live in Brooklyn Center, and our members at large who represent buyers and sellers in your city every day, I want to thank you for your thoughtful consideration of the rental density ordinance proposal at last night's public hearing. It was gracious of you to allow each speaker significant time to convey their thoughts, and to engage each person offering testimony with additional questions. We are pleased you have agreed to give this complex issue further study. To that end, we would like to reaffirm our offer to help you and your staff dig further into the issues surrounding homeownership and residential occupancy. MAAR seeks to be a partner with Brooklyn Center, rather than just an opposing voice on the other side of the podium. However we may be of assistance, please let us. know. Thank you again, Julia Parenteau Vice President, Public Affairs Minneapolis Area Association of REALTORS' p. (952) 988-3124 e. juliap@mplsrealtor.com Excerpt from April 25th 2016 Regular Meeting Minutes AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-901, OF THE CITY CODE OF ORDINANCES.; LIMITING THE DENSITY OF RENTAL HOUSING IN THE CITY City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. It was noted 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. Deputy Director of Building and Community Standards Jesse Anderson provided a PowerPoint overview relating to the background of this consideration, summarized the conditions, rental density and percentages for RI and R2 properties within a census block, noting 7 census blocks exceed 30% and 35 census blocks exceed 20%. Mr. Anderson displayed a map depicting the location of rental densities. He then provided an overview of the proposed ordinance that would set the density limit at 30%, define a neighborhood, allow exceptions under certain circumstances, and allow for a one-year temporary rental license. Mr. Anderson reviewed potential benefits and costs and stated if adopted, it would be effective on June 4, 2016, following publication. It was noted the moratorium expires on May 21, 2016. Councilmember Ryan stated the actual percentage of single-family rental units is about 10.5%. Mr. Anderson confirmed that was correct. Mayor Willson referenced the letter from Kennedy & Graven and asked how this relates to the density being set at 30%. City Attorney Troy Gilchrist advised that all local ordinance decisions have to be done reasonably based on the facts presented. He noted staff has done a good job in pulling together information for the City Council's consideration and the setting of the percentage is a policy decision of the City Council. Mr. Gilchrist stated if greater restrictions are imposed, it may increase the chance of challenge. It is his opinion that staff has presented everything needed for the City Council to make this policy decision. Mayor Willson reviewed the District Court and the Minnesota Court of Appeals ruling in Winona's favor in the Dean v. City of Winona lawsuit, finding the Winona ordinance was an authorized and constitutional exercise of Winona's police powers. It was noted the Supreme Court ruled in Winona's favor by dismissing the lawsuit but declined to address the validity of the ordinance. Mayor Willson stated Winona followed up four years later to determine if the ordinance was effective, and should Brooklyn Center adopt such an ordinance, he supported doing the same. Councilmember Ryan noted only 7 out of 391 census blocks have a greater concentration of rental housing than 30%, so there is opportunity for additional rental in other census blocks. 1IPage Councilmember Graves asked why there are more rentals on those seven census blocks, such as being closer to public transit. Mr. Anderson stated he has not seen a strong consistency between those seven census blocks. Councilmember Myszkowski asked whether there is a profile or demographic information on renters of single-family dwellings. Mr. Boganey stated he is not aware of that information. He explained no current rental properties or renters will be impacted by this ordinance as they are grandfathered. The impact would be on current homeowners who wish to convert their property to rental. Councilmember Graves stated it had been mentioned earlier that the City can only enforce to the minimum standards. She asked if there is a number set on the police calls at a property for renewal consideration. Mr. Boganey explained there is consideration of excessive and verified police activity, which can change the classification of the rental license. Councilmember Graves stated she is interested in the complaints received from residents who wanted this considered, thinking they may have lived within these seven census blocks. Mr. Anderson stated rental complaints are most often from tenants about their landlords or about code violations but location of calls asking the City to consider density thresholds has not been tracked. Mayor Willson stated he also did not track the location of calls he received relative to considering density thresholds. Councilmember Ryan referenced the pie chart depicting types of rental licenses, noting the lower number of shorter -term licenses may be indicative that there is a lower number of landowners who do not perform well with the inspection criteria. Mr. Anderson stated that is correct and some are repeat 6 -month license terms. Councilmember Ryan stated he hopes this ordinance allows the City to better manage those rental properties that consume excessive City services. Mayor Willson commented on the benefits of the current performance rental license program and stated he finds this will be another tool to deal with density of rental properties on a given census block. He stated his support to move this forward, noting the Millennial generation will be looking for quality rental housing. In addition, if the City does not take action, he is concerned with the potential future impact should there be another real estate downturn. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. David Evanson, 771 69th Avenue N., developer and licensed real estate agent, addressed several unintended consequences that may result from a density restriction including the impact to Millennials who oftentimes do not purchase homes due to school debt, 2 1 P a g e diminishing the interest of investors to purchase and renovate foreclosed/distressed property, need to disclose this restriction when writing a purchase agreement, collusion between neighbors to `rent' to a relative to remain below the 30% threshold, and increase in vacant homes that are vandalized. He opined the City cannot improve things by taking away people's rights and if there are not full rental rights as with other cities, it raises the question whether additional rights will also be taken impacting ownership in Brooklyn Center. Mr. Evanson suggested a license restriction rather than an ordinance consideration. The City Council discussed the current seller's market and low inventory in Brooklyn Center of 48 homes for sale with only 3 being over $200,000, real estate trends towards rental apartments, and the City's Opportunity Site that is targeted towards Millennials to balance out the City's housing stock. Discussion was also held on the potential impact of the City's image for homebuyers, noting however, it has improved with the demolition of Brookdale, creating of a trail system, and other amenities that make Brooklyn Center attractive for first time buyers or single ownerships. Mr. Boganey and Mr. Evanson discussed the potential impact on resale values and ability to sell when a density requirement is established. Mr. Evanson felt one block does not determine the entire neighborhood and if that were to happen, the City already has an existing rental license ordinance and lease mechanisms can get rid of undesirable tenants. Mr. Boganey stated it seems city government would be concerned about crossing that density saturation tipping point. Mr. Evanson stated the issue is determining where that tipping point is. The City Council discussed the average rent for a single-family house rental. Anthony Sanders, Senior Attorney at the Institute for Justice, Minnesota office, stated he had submitted a letter asking the City Council to vote against this ordinance. Mr. Sanders addressed census data indicating over 77% of people own the home they live in, but for African Americans it is as low as 25% and for Hispanics it is as low as 50%. He confirmed these are State of Minnesota statistics and not based on Brooklyn Center's census. Mr. Sanders commented on the legal challenge of the Winona ordinance, noting his law firm had represented the homeowners and his involvement had taught him that renting is normal and part of human society. He suggested that the proposed ordinance results in telling someone they can't make money by renting their home and saying to the person who now cannot rent, that they are a second-class citizen, as they can't afford to purchase a home.' He asked the City Council to think twice before voting on this ordinance. The City Council discussed the impact of instituting a rental density threshold and income disparities, that it takes pride in the City's diversity, and understands the need to institute carefully crafted housing policies so unintended consequences do not occur. The City Council also discussed the concern expressed at Truth in Taxation meetings by corporations that own large numbers of single-family home rentals on the tax value of those homes. 3 1 P a g e Mr. Sanders stated West St. Paul has a 10% density rule so his clients won't look at those foreclosed homes for investment because on some blocks, the density limit has been reached. With regard to corporations increasing rent rates as a result of supply and demand, forcing out lower-income citizens, Mr. Sanders did not think the issue was who owned the home. The City Council acknowledged that renters will need more than a minimum wage job to rent a single-family property and the only thing this ordinance will guarantee is a certain number of rentals on a census block. Pat Paulson, realtor and Past President of the Minneapolis Area Association of Realtors, addressed the cyclical nature of the real estate market, which, is currently up streaming. He recalled the 2008 housing crisis and suggested the proposed ordinance will limit options for those who may find themselves in foreclosure or need the rental income to supplement their retirement. Mr. Paulson offered to work with the City to encourage home ownership. The City Council discussed the practice of redlining, or steering certain homebuyers to Brooklyn Center because of its large affordable housing stock, which is a violation of the Fair Housing Act. Mr. Boganey thanked Mr. Paulson for his offer to work with the City, noting one of the City Council's strategic goals is to increase home ownership. He stated should the ordinance pass, the City would focus on the seven census blocks where the 30% density has been reached and determine paths available to encourage home ownership and lower that density. The City Council continued its discussion of the 2008 housing crisis and the practice of redlining, noting often involves a disparity in the types of loans offered to minorities as compared with Caucasians within the same income class. Steve Hoem, realtor, addressed his concerns to provide housing options for all, noting Minnesota has the honor of leading the country in home ownership and also having the biggest disparity in home ownership for people of color. He stated it is tragic to take away a property right in how homeowners can use and enjoy their homes and for a renter who wants to live in a single-family home. Mr. Hoem urged the City Council to celebrate the City's amenities by attracting residents and punishing landlords through an ordinance but not punishing renters. He noted another unintended consequence would be someone in the military who cannot rent their house while deployed. Julia Parenteau, Vice President of Public Affairs, Minneapolis Area Association of REALTORS, stated the bottom line is that people of color are more likely to be renters than homeowners so an ordinance that impacts the supply of rentals will drive up rent rates and have a disproportion impact on those more likely to be renters. She stated while it is not the City's intent to impact those communities, intent does not matter and if 4 1 P a g e impacting a protected class, it is a violation of the Fair Housing Act. Ms. Parenteau described the dropping of house values in West St. Paul and in St. Paul around St. Thomas when rental density restrictions were enacted, noting there is no demonstration where the tipping point impacts the City's stability. Rather, stability is a result of the City's ability to enforce its codes. Ms. Parenteau addressed the City's median home prices, Minnesota homeowner percentages based on race, and roughly estimated that in Brooklyn Center that would equate to 12,000 people identified as white living in a home they or a relative own and 5,700 people of color living in owner occupancy. She also addressed the illegal practice of redlining, and stated in her 15 years of involvement with the Minneapolis Area Association of REALTORS, not a single case has been brought to them as a fair housing complaint. Ms. Parenteau encouraged the City Council to think about the problem trying to be solved and whether there is a more equitable way to solve it. She offered to be a partner for education, to facilitate home ownership, and programs to get people financially stable to become homeowners. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski asked whether the City's insurance would cover a legal challenge. Mr. Boganey stated generally speaking, the City has broad insurance coverage including errors and omissions and general liability and as long as the City Council is acting within the scope of its authority, there is probably coverage. Mayor Willson asked whether the outcome of the lawsuit against Winona is a precedence considered by the court. Attorney Gilchrist stated it would be looked at. He explained this is a unique situation with rulings generally in favor of the City and the Supreme Court dismissing the lawsuit. Attorney Gilchrist stated there are no guarantees but Winona was defended through the League by. their primary defense firm. As far as this case, if challenged, he is not overly concerned about that potential. Councilmember Graves stated she is curious about the reasons or causes of elevated code violations and police calls for renter -occupied properties and whether it is a result of a renter not knowing about the City's ordinances. Mr. Boganey stated the Rental Ordinance specifies confirmed violations that count against a rental license but this is a broader data set of calls for service that goes beyond the Rental Ordinance. Mr. Boganey stated when the moratorium was established, it was with the intent to find the facts, not to find the facts to support a particular outcome. Staff could confirm two data sets (calls for service by the Police Department and code enforcement violations) that showed significant disparities between owner -occupied and renter -occupied properties. Calls for service were calculated where the Police Department responded to that residence. 5 1 P a g e Councilmember Ryan stated his concern relating to suppression of housing values and options for veterans. He asked if there should be a provision for an additional extension of the one-year conditional license. Councilmember Ryan stated the City Council may need more data on the issue of home value suppression. Mayor Willson asked if the City Council should extend the consideration to allow additional time for analysis. He stated if there is data available that may sway a decision; he does not want to rush to a decision. Mr. Boganey stated the City Council can disapprove the ordinance, approve the ordinance as written, or table action and request additional information/analysis. If additional information is requested, he recommended scheduling a Work Session to determine the type of additional information needed. Mayor Willson noted that Councilmember Lawrence -Anderson is absent tonight and he would like to hear how she would weigh in on this issue so he leans towards more time. He agreed a Work Session discussion would be needed to identify the metrics and data sets. Mayor Willson stated the City Council heard compelling arguments tonight and he would like the opportunity to also hear from landlords about those issues. In addition, there could be more community involvement. Councilmember Ryan stated there is a short supply of homes for sale so if this action were deferred in lieu of further study, he would not expect there to be many more homes converted to rental during that time. Mr. Boganey agreed a month delay will not impact the number significantly. Councilmember Ryan moved and Councilmember Graves seconded to table consideration of Ordinance Amending Chapter 12 of the Brooklyn Center City Code; Amending Section 12-901, limiting the density of rental housing in the City. Motion passed unanimously. The consensus of the City Council was to schedule a Work Session the second meeting in May for further discussion. COUNCIL ITEM MEMORANDUM DATE: April 18, 2016 TO: Curt Boganey, City Manager ,�y� � FROM: Sharon Knutson, City Clerk ��^^-""^'L - SUBJECT: An Ordinance Amending Chapter 12, Section 12-901, o£ the City Code o£ 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 consid¢r adoption of An Ordinanc¢ 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 o£f¢nders within the City and approved first reading o£ 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 Imposivg Temporary Regulations on the Residency Location of Predatory Offenders within the City (effective 120 days £rom adoption until March 22, 2016). January 25. 2016 —The City Council approved first reading of An Interim Oxlinance 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, o£ 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 pack¢[. Anril 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 a -mails and letters have been submitted for the Mayor and City Council Members and are attached. Mtss/m+: E+esn+Jng nn rsnrnetive, clersn, s j, (nebeslve conemunt{y tbnl euhrsnces (tae q:artl/Iy ol[/I for n[/People nrtd Prem+ves Ilee Pabllc hz+sl letter to Brooklyn Center 04 21 16.txt April 21 2016 To the City Council of Brooklyn Center, Minnesota z 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. Sean 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 REALTORO SFR, AHWD EXIT Realty Metro Past President, Mpls Area Association of Realtors Cell: 612-386-8902 www.PatPaulson.com Sharon Knutson From: JAMES RICHARDS <jimrichard s_2000@yahoo.coma Sent: Friday, April 22, 2016 1:29 PM To: - Sharon Knutson Cc: Curt Boganey; Kris Lawrence -Anderson; Tim Willson; April Graves; Lin Myszkowski; Dan Ryan Subject: Cap on rental homes vote 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. BENDICKSON EDINA REALTY - TITLE - MORTGAGE 651-336-7495 leroybendickson@edinarealtv.com vww.leroybendickson.realtor 2011 NAR Good Neighbor Award Recipient Serving Minneapolis-St.Paul and Suburbs Sharon Knutson From: Hoem, Steve <SteveHoem@edinarealty.com> Sent: Saturday, April 02, 2016 12:00 PM To: Sharon Knutson; Curt Boganey Cc: Julia Parenteau Ouliap@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 ! stevehoem@edinarealty.com Cell 1 612.207.3311 Office ( 763.494.8183 Fax 1 763.420.2603 http://www.TheHoemTeam.com Curt Boganey 'rom: 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 councilmemberryan@ci.brooklyn-center.mn.us From: tom@tomslupske.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 REALTORO who has practiced in the Northwest area since 1977. I know Brooklyn Center and surrounding communities very well. I attended the Monday, March 28th 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 ny 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. 'hulas SIupske, REALTOR© I Broker -Associate Direct 763-235-7090 1 Mobile/Text 612-720-2997 Email tomslupskeici rernax. net I Website I www•.tomslupske.com f Changing the Way you Search for Homes. RE/MAX Results offers FREE home search Radar App ( How do you ger this App? I Just Text HomesByTom to 612-223-77001 Open the App ( Click RE/MAX Results Radar Button I Point your phone at the listed home ( Review all the listing infomation and photos. Socialize with Tom on .... Facebook I LinkedLr j BlN {Twitter ; YouTube u 13784 83`d Way #200 Maple Grove, MN 55369 Each office Independently Owned and Operated. Confidentiality Notice: The information contained in this e-mail and any attachments maybe 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 (280167 th Lane North), My wife Melissa and I purchased our first home (280167 1h Lane) in 2004 at the height of the housing boom. In 2013, as our family continued to grow, our nice little townhome no longer fit our family. Unfortunately, our townhome was now tens of thousands of dollars under water. 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. 1 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, 1 Paul Carey 6249 Brooklyn Drive Brooklyn Center, MN 55430 (763)202-5085 from: Curt Boganey Sent: Monday, April 25, 2016 2:29 PM To: Sharon Knutson Cc: Rozlyn Tousignant Subject: FW: Vote NO on proposed Rental Density Ordinance Copy for meeting please. From: John Busch [ma iIto: johnfbusch@gmail .com] Sent: Sunday, April 24, 2016 2:56 PM To: Sharon Knutson; Curt Boganey; Tim Willson; April Graves; Kris Lawrence -Anderson; Lin Myszkowski; Dan Ryan Subject: Vote NO on proposed Rental Density Ordinance Hello, I am a home -owner resident on Twin Lake and I oppose the proposed Rental Density Ordinance. My main reason is that I would like to have the option of renting out my house some day if I move. If I decide to move, but I want to keep my property but I cannot get a license because my neighborhood is already at 30%, then what am I supposed to do? If I leave my house vacant then it costs money to do that legally and might invite other problems and crime. If I rent it out illegally then the city wont be able to assure good living conditions for the renter. Please don't limit my rights as a homeowner. i also oppose the ordinance for the following reasons: 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, 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 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. y � WORKING TOWARD JUSTICE FOR ALL MID -MINNESOTA LEGAL AID MINNEAPOLIS OFFICE Lael E. Robertson . (612) 746-3834 ® lerobertson@mylegalaid.org April 25, 2016 Mayor Tim Willson mayorwillsongci Brooklyn-center.mn.us Councilmember April Graves councilmembergravesgci brooklyn-center.mn.us Councilmember Kris Lawrence -Anderson VIA EMAIL councilmemberlawrence-anderson c@ci brooklyn-center.mn.us Councilmember Lyn Myszkowski councilmembermyszlcowskigci brooklyn-center.mn.us Councilmember Dan Ryan councilmemberryan@ci.brooklyn-center.nm.us Dear Mayor Willson and Councilmembers: It has come to my attention that you are currently considering an ordinance that would limit the number of single-family rental properties in city neighborhoods. As the Supervising Attorney of the Housing Discrimination Law Project, I am concerned that this ordinance may create an adverse disparate impact on members of protected classes, specifically immigrant populations, people of color and families with children. Statistics show us that people of color in Minnesota are, by in large, renters. In February, the Minnesota State Demographic Center reported that minorities in Minnesota, in general, are more likely to rent than own homes. 92% of Somali households rent; over 75% of African Americans rent; 57% of Mexican Americans rent; 52% of Hmong households rent. http://www.staltribune.com/1 0-chalts-explain-the-e6onomic-status-of-minnesota-s-culttiral- groLips/366754721/. Brooklyn Center is a vibrant, diverse city. The 2014 American Community Survey puts Brooklyn Center's population at 30,549 people, with almost half of the population identifying as a person of color (14,692 people). http:Hfactfinder. census ¢ov/face shableservices/isf/pages/ pro ductview.xhtml?src=CF. However, within the City of Brooklyn Center, HUD data shows that there are already approximately 1,435 low income minority renter households paying more than they can afford or living in overcrowded conditions. htlps://www.huduser.gov/poltal/datasets/cp/CHAS/data download chas.html. By eliminating rental options for these families, the proposed ordinance can only make this situation worse, adding to the number of poorly housed low income minorities. The ordinance therefore 430 First Avenue North, Suite 300 Minneapolis, MN 55401 Telephone: Facsimile: (612) 746-3834 Client Intake: (612) 334-5970 www.mylegalaid.org A IJnited Wav Age=- Apri125, 2016 Page 2 makes housing unavailable in a way that disproportionately burdens racial and ethnic minorities protected by the Fair Housing Act. Moreover, single family rentals are often the best option for households with minor children and larger families. There is a lack of affordable housing for larger households, and often single family homes are the only suitable choice. Limiting the number of single family rental homes will disproportionately affect people based on familial status. The federal Fair Housing Act prohibits making housing unavailable in the sale, rental, or financing of dwellings on the basis of protected class status. 42 U.S.C. 3604. This prohibition includes housing practices with a discriminatory impact, even when no discriminatory intent is present. The Department of Housing and Urban Development regulations regarding cases of disparate impact state specifically identify "implementing land use rules, ordinances, policies or procedures" as housing practices implicated in the disparate impact rule. 24 C.F.R. 100.70(d)(5). Housing practices that create a disparate impact may be legal if they are "necessary to achieve one or more substantial, legitimate, non-discriminatory interests ...and ... those interests could . not be served by another practice that has a less discriminatory effect." 24 C.F.R. 100.500(b). Moreover, the "substantial" interests must be "supported by evidence and may not be hypothetical or speculative." Id. The reasons that the City has proffered for capping this ordinance do not rise to the level of a proven substantial business purpose. Local media reports have stated that there is concern regarding the upkeep of rental properties Even if we assume that this reason meets the standard laid out in the federal regulations, the answer should not be to decrease the availability of desperately needed affordable housing that will disproportionately affected a number of protected classes. Less discriminatory alternatives exist, including holding the home owner accountable for the upkeep of the properties. It is also my understanding that the City has.noted that city services like police calls are used at a higher rate for rental homes than for owner occupied dwellings (3 to 1). It is also my understanding that this is not atypical of cities with rental properties. The City has not shown any data that would indicate that reducing the use of city services by single family rentals is a substantial, legitimate interest, particularly in light of the fact that the single family rental homes make up less than 7% of the total occupied housing units in the City. The City has looked to other cities with density caps already in place. However, the situations in these cities are not analogous to Brooklyn Center's, nor is their affected population the same. Winona, Northfield, and Mankato density caps came as a reaction to student populations around major colleges where one rental would hold a number of unrelated students, causing parking issues and late night disturbances. Brooklyn Center, in contrast, would be restricting single home rentals to, in general, single family households with children. Apri125, 2016 Page 3 I urge the Council to vote no on this change, or at the very least to table any vote until a more thorough study can be done to see if there may be a less discriminatory way of reaching any alleged substantial business interest the City may have. Sincerely, Lael E. Robertson Supervising Attorney LER:ler cc: City Manager Curt Boganey eboganey@ci.brooklyn-center.mn.us City Clerk Sharon Knutson slcntitson@ciy.brooklyn-center.inn.us 1306-0363107-4628 842.docx April 25, 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 ,,f 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, today we respectfully reiterate our opposition to the proposed amendments to Brooklyn Center City Code Chapter 12, Section 12-901 regarding 'Limiting the Density of Rental Housing.' We are joined in philosophy by the Saint Paul Area Association of REALTORS°, the Institute for Justice, Mid -Minnesota Legal Aid, the Housing Justice Center, and numerous other housing and community -focused organizations. 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 creates a disparate harmful impact on people of low incomes and communities of color; ® It will suppress housing values; ® 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. 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. Cities should not arbitrarily restrict homeowners' abilities to exercise their fundamental private property rights. Arbitrary Limits on Rental Housing can Cause Disparate Impacts under Fair Housing Laws. In Minnesota, people of color and those of lower incomes are more likely to be renters than homeowners. By eliminating rental options for these families, the proposed ordinance will only add to the number of poorly housed, low income minorities. The ordinance therefore makes housing unavailable in a way that disproportionately burdens racial and ethnic minorities protected by the Fair Housing Act. Rental Density Ordinances Negatively Impact Home Values. One of the most common arguments MAAR hears from governments and communities is that new laws and regulations are needed because a current problem is negatively impacting housing values. However, our sales data rarely bears that out. But the data does show a correlation between the enactment of rental density caps and a drop in property values. West Saint Paul historically had housing values above the Twin Cities metro, until it created a rental density cap of 10 percent per block— in the months following that enactment, the median sales price in West Saint Paul dropped below the metro region's values and has not recovered. The same drop in values was demonstrated in Saint Paul after the enactment of its rental density ordinance surrounding the University of Saint Thomas. The Mac/Groveland neighborhood (historically one of the more affluent in the city) saw values drop in the rental density zone immediately after the cap was enacted — and like West Saint Paul, the area sales price has yet to recover, even as the regional economy has rebounded. And Conversely, Rental Caps Damage Affordability. Renters need to obtain stable and affordable housing in an area of their choice in order to position themselves to be financially able to purchase a home. Rental density caps foster unaffordability by limiting the availability of housing in the city, which drives rents up. We urge the Council to vote No on rental density caps in Brooklyn Center. Seek to determine what problems truly exist, and then find solutions that are fair and equitable to all current and prospective residents of the city. Utilize strong and uniform code enforcement coupled with attractive and varied housing options, incentives, and homeownership opportunities that will ensure Brooklyn Center remains a desired community within the Twin Cities metro area. 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 housing. 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 MAAR Executive & Government Affairs Committees 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 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 A block is defined as a _roup of properties bounded entirely by streets public land railroad rights-of-way, zomn district lines corporate limit lines or physical features such as rivers outcroppin s ponds or lakes provided that final delineation of a block shall be made by the city manager or designee When determining the number of eligible properties on a block the number shall be the lowest number that results in 30 percent or more or 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 1-3 Rental 1 2 Lots 21-23 24-26 Rental 7 8 Lots 41-43 44-464 fRental 3 Lots 61-63 64-66 Rental 19 20 Lots 81-83 84-86 Rental 25 26 10 3 27-30 9 47-50 5 67-70 21 87-90 27 11-13 4 31-33 10 51-53 16 71-73 22 91-93 28 14-16 5 34-36 11 54-56 17 74-76 23 94-96 29 i7-20 -61-37-40 1 12 57-60 i8 7740 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 regulation. a Exceptions This limitation shall not apply to: 1 Dwelling units within a duplex; 2 State licensed residential facilities but only to the extent, including the number of residents the city is required by statute to allow them: or 3 Rental properties which are validly licensed as of the date of adoption of this regulation but such rental properties shall be counted among the 30 percent of allowable rental houses for poroses 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, C2,1-1,1-2, 0-1 O-2. ORDINANCE NO. C. Temporary Rental. Notwithstanding the foregoing, a property owner, whose property is subject to the 30 percent limitation, may-6-- temporary ayotem orary rental license for a property for a period of time not exceeding 12 consecutive months under the following conditions: 1. The property is actively being offered for sale to the public by the owner, or by any authorized agent of the owner, during the license term: 2. The property shall be temporarily licensed for rental purposes only if the property complies with all applicable City and State rental housing requirements: 3. The property shall be licensed only for one of the following: (al 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, 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 team 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. ATTEST: City Clerk Date of Publication: Effective Date: Mayor (c*ri o indicates matter to be deleted, double underline indicates new matter.) COUNCIL ITEM MEMORANDUM DATE: March 23, 2016 TO: City Council FROM: Curt Boganey, City Manage ST IBJECT: 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 firom the table so that it may be considered at the March 28�� 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 o{ 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 4he city, some blocks have a higher density of rrontal 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 wfthln Census Block # of Census Blocks O % 1D� 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+ % '-+ .14/:sln»: E»sr,rl„g rsr, »».vicYNc, c/r»,,, snje, +„N»slve cu»,»»»,/L� lbrtt ¢„hn»ces the Q„nllry jnj for n//p¢opfe nnrlpreserv¢s lb¢PubAc Ms, ® 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. ® A higher percentage of code enforcement complaints are received about rental properties than owner -occupied properties. The number of, complaints received about rental properties is 21% (165), 9% at owner -occupied properties (583), and 45% (583) at vacant properties. Due to current information systems, we were unable to compare complaint percentages from previous years, but anecdotally feel the percentage of complaints at rental properties has decreased since implementation of the performance based rental program. ® We found no studies from independent sources showing the impact of rental properties on neighborhoods. However, some cities stated anecdotal or possible specific community impacts, since enacting density requirements. Some potential impacts of a restriction on the number of rental properties are provided in a later section. ® City staff performed a review of similar neighborhoods, with high and low number of rental properties, to determine curb appeal influences. Because of the winter weather and limited time frame, correlations of rental properties on the neighborhood could not be determined with the limited number of properties in the study. ® The ratio of rental properties in other cities varied and was not necessarily an indicator of neighborhood conditions. Many other community characteristics appear to affect the numbers such as student housing, higher number of multifamily, etc. Further, many cities did not have the number of single family rental properties accessible. Options to Consider 1. Do nothing related to density or quantity 2. Implement a density requirement (Information attached for four cities that have density requirements) 3. Implement a proximity requirement 4. Implement overall cap Potential Impacts and Feedback The following information was provided as feedback through research of other cities and through the focus groups in relation to potential impacts to Brooklyn Center if a restriction on rental properties is enacted. Potential Benefits Potential decrease in police calls for service within neighborhoods Potential decrease in property code violations within neighborhoods. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people anti preserves the public trust ® Potential 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. 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 an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Attachment: Attorney Memo Kennedy 8c Graven CHARTERED Troy 3. Gileh[iR 4�0 US Bank Plaza 200 Soutn Sixth Strcct Minneapolis MN 55402 (612) 337-9234 telephone (612) 33]-9310 f tsimnrist@kenneav-sraoen.enm nnp:ii..�..-..-.kenneav-�aren.eom alsn: st. clone ogee 501 W. Germain Street, Suite 320 St Cloua, MN 56301 (320) 240-8200 telephone MEMORANDL]M Date: December 21, 2015 To: Vickie Schleuning Fanm: Troy Gilchrist Kyle Hartnett Re: Restrictions on Aental 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), Ira 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 tc 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 Comt found the appeal was moot because there was no longer- a justiciable controversy. The Supreme Court reasoned that the property owners no longer had a sufficient interest in the litigation's outcome because, due to their changed circumstances, they were no longer seeking rental certification. Dean v. City of Wfnonq 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. a�losz.¢ a12291-9 Analysis of Case In the case, Winona was concerned about the number of rental housing units near Winona State University. The issue was initiated by Winona's Planning Commission noting that there had been an increase in residential properties being converted from single-family usage to rental usage, which resulted in increased parking demands. The Planning Commission held numerous public input meetings with interested parties. The Winona City Council then held a number of town hall meetings designed to address density, parking, and aesthetic issues within the area of the University. Winona also formed a study group to look at the issues. Winona also formed a parking advisory task force. The task force found that rental housing units comprised about 39% of Winona's total housing units, but 52% of the complaints were received by the Community Development Department ("CDD"). In order to reduce this impact, the task force suggested that the number of rental units on any given block be limited to 30% of the total properties on that block. The task force recognized that the proposed limit on rental licenses would have an effect on property values and the ability to sell property. The Planning Commission reviewed the recommendation and noted that the task force found that neighborhoods heavily populated with student rental housing tend to become run down and unattractive. The Planning Commission noted that the CDD found that 95 of the 99 addresses that had two or more calls for police service based on noise and party -related complaints were rental properties. The Planning Commission also noted that 53% of the zoning violations that resulted in written violation were from rental properties. The Planning Commission and City Council both approved the 30% limit on property rental license. Four years later, Winona again looked at the issue of limiting rental licenses and found the 30% rule was working and that the rule had preserved affordable housing and reduced conversions as intended. As stated above, the Minnesota Court of Appeals ruled that Winona was within its authority to limit the number of rental licenses it issued. The court ruled that the record established Winona determined the conversion of owner -occupied homes to rental properties and the concentration of such properties in some neighborhoods began to have a negative impact on the quality and livability of those neighborhoods. Therefore, the ability to deal with the negative impacts was a valid use of the Winona's police powers. The court also ruled that the 30%rule did not violate the Minnesota Constitution. The court noted that because the 30% rule was put in place after a long, deliberate information -gathering process, it was not an unreasonable, arbitrary, or capricious interference with private interests, and therefore allowable. It should be noted that the Court of Appeals did not address whether the 30% threshold was an appropriate threshold. The parties did not challenge where the limit was set, but instead only that a limit was in place. While the case did go to the Supreme Court on review, that court did not provide any additional guidance to this matter or a ruling on the questions raised in the case. At the time the issue got to the Supreme Court, the changed circumstances of the property owners rendered the case moot and so the Supreme Court refused to rule on the other issues. N 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 tktorough 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: 4'11082v2 BR291-6 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. Numb¢b on: Single Famil Pending Duplex IOIultifatnily Total Percentage Difference January 1,2008 287 N/A N/A 76 362 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.G3 January 1, 2012 569 33 47 (74 Units) 74 723 14.04 January Y, 2013 643 34 47 (74 Units) 74 751 3.87 January 1, 2014 701'" 52 47 (74 Uni[s) 74 827 10.12 January 1, 2016 698 29 46 (76 Units) 74 847 2.42 November 1, 2016 746 15 46 (76 Units) 74 881 4.01 ^Included Humboldt Ct Condos 36 s¢parate licenses prior to conversion to apartment The following chart shows the trends of mortgage Foreclosures, registered vacant properties and licensed single family rental properties. Rental -T •^^ ���- 1 Ye 139 Renbl_Tmr IV_ Active Single Family Rental by Tvne License Type Single Family 3 or more Units Rental-TYPe l-3 Vear 271 54 -- Rental-Type 11-2 Vear 345 46 lcsuea Isaue¢ TaD1r*aP„ _. - _ _ 25 4 License Cote r 2010 2011 2012 2012 - 2013 2013 2014 2014 2015 2015 Type � 02 194 79 (23%) 322 C41%) SS C18%) 373 132 (24%) 282 (33%) 102 (20%) 301 —3 Year 43% 36% Type 11 O� 208 ]56 (43%j 359 (43%) 230 (48%) 336 218 (40%) 428 (31^0) 192 (38%) 408 (48%) —2 Year 43% TYPe II] 27 48 80 (23%) O9 CIO%) S6 C18%) 24 C3^/a) 103(19^0) 91(11%) 309(22^oJ 105 —1 Year l3% Type IV 13 20 33 (9%) 30 (4%) 73 (16^.6) ']6 (9%) 90 (17%) 42 (3%) 103 (20%) 28 � Months 3 *Active means the number of rental licenses active and valid at a given point of time regardless when it was issued. For example, s Type I— 3 yenr rental license- may be issuetl in 2012; however i[ remains active through 2013 end 2014. Further, [he active license number does no[ 3ndude licenses pending or in th¢ 1'cens'n Rental -T •^^ ���- 1 Ye 139 Renbl_Tmr IV_ Active Single Family Rental by Tvne License Type Single Family 3 or more Units Rental-TYPe l-3 Vear 271 54 -- Rental-Type 11-2 Vear 345 46 Rental -Type 111-1 Year 100 14 ental-Tvoe IV -6 Months _ _ 25 4 The rate o£ police calls for service and property code violations aurae higher at rental properties compared to owner -occupied properties. Police calls for service (efs) are 3.03 efs at rental properties compared to 1.13 efs at owner -occupied properties. This is for the time period of Ol/Ol/15 tlu'ough 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 of/os/zois-sz/io/zois a 3 Z i 1 - i .-. O T —� Rental Owner Occupied Nei¢hborhood Health Review: In reviewing the effect o£ 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, architechiral elements, nuisance code violations, and overall appearance. In two of the tlu�ee groups the neighborhood with lower density of rentals scored higher. The following char[ provides a brief summary of the results. The group where the higher density o£ rentals scored slightly higher was a group chat had overall lower scores. Average Neighborhood Score �i� y�� �N ,�vo �'�` 6� erg" G9� a O - �� ^ties ��� �^.Y` r�¢c c Fc a` P¢ z �� �� 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 Percentage 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%0 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 R1 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 R1 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 Dumber 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. Citv 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 1'8 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% df the lots on any block shall be eligible to obtain a rental license. Below is the chart in the ordinance indicating how many rental licenses will be issued based on the number of units on each block. # of total units on block Number of allowed rental licenses on block 1-3 1 4-6 2 7-10 3 11-13 4 14-16 5 17-20 6 21-23 7 24-26 8 27-30 9 31-33 10 34-36 11 37-40 12 41-43 13 44-46 14 47-50 15 51-53 16 54-56 17 57-60 18 61-63 19 64-66 20 67-70 21 71-73 22 74-76 23 77-80 24 81-83 25 84-86 26 87-90 27 91-93 28 94-96 29 97-100 30 The city offers a temporary rental license or properties that are on blocks that exceed the 30% rule, however, there are five criteria outlined in 33A.03.iii that must be met. The temporary license may not exceed 12 consecutive months and must meet the criteria. 1. The property is actively being offered for sale to the public by the owner, or by and authorized agent of the owner, during her license term. 2. The property shall be temporarily licensed for rental purposed only if the property complies with all applicable city and state rental housing requirements. 3. The property shall be licensed only for one of the following: (a) on adult living alone; or (b) two unrelated adults living together with any dependents by birth, adoption, or law; or (3) any number of persons related by blood, marriage, adoption, or law. 4. The temporary rental housing license shall terminate immediately upon the closing of a sale of the property to a purchaser or at the end of the license term, which ever event first occurs. 5. A copy of the lease agreement shall be deposited with the City's Community Development Department within one week from the date of the execution of the lease. Defining a Block Each city differs in how it defines a block. None of the cities used the census block definition and created its own block definition. Further the interpretation of the block definition is relied upon staff City Density Restriction Block Definition Mankato 25% (5.42 subd.20.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 Sample Ordinance Language City of Mankato In cases in which one portion of the b1ocK is not subject to the application of this ordinance, only the affected portion of the block is subject to [his regulation- B- The following shall apply to the tleterminaiion of eligible lois: f. 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 b1ocK- 2. This Subdivision shall apply to legally conforming lots of record and legally nonconforming lots of record, as defined in Chapter f 0, 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 [his Subdivision, lots of record may also be referred to as "properties", "property", or "lots". C. For the purposes of this Subtlivision, the following shall apply: 7. 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 wilhouf 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- single block). West St Paul 1 O % C435.05 subd.l2.a.1) .. -an area of land enclosed witkun the perimeter of streets, watercourses, public parks, municipally owned lots, and city boundazies. 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 £tnal delineation o£ a block shall be made b Cit staff. Sample Ordinance Language City of Mankato In cases in which one portion of the b1ocK is not subject to the application of this ordinance, only the affected portion of the block is subject to [his regulation- B- The following shall apply to the tleterminaiion of eligible lois: f. 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 b1ocK- 2. This Subdivision shall apply to legally conforming lots of record and legally nonconforming lots of record, as defined in Chapter f 0, 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 [his Subdivision, lots of record may also be referred to as "properties", "property", or "lots". C. For the purposes of this Subtlivision, the following shall apply: 7. 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 wilhouf 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 chat results in twenty-Tive (25) percent or more of the resid¢ntial lots being rental. The following table indicates how many lots are able to be licensed as a rer8al propeRy based on [he number oT tots that ¢xist in a block_ Lots Rental 1 L s I I Rental I L is M 1. I ! L is R¢ tat LOK I Rental I __ -rjI 1-4 1 II�� ___ 25-28 r -__ I J _ I 49 52- -R 13 r I` J3 -J6 II 19 -) � 9J 300 25 5-8 I � 2 r� I 29-32 I� I 8 � 53-56 - _ I 14 JJ -80 I� - 20 9-12 - I S I 33-36 9 I SJ -60 SS 81-84 21 �.__ _-_ __—r 13-16 _ I 4 .__ r' 3J-40 10 61-64 36 _- � 85-88 -___ 22 r- ��� ___..._-- r- Ir SJ -20 Ir- 11 65-68 - 1J _ 23 ( r � � - r .I I 5 If I 41-44 I 21-24 �- 6 - -�. II � 45-0B - -- (- 12- --r - I 69-J2 - 18 X89-92 I Y3-96 � 24 � -� f� �-� -� - - 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 owners family are not residing at the property and the occupants are providing a caretaking function for the property. Six (Bj months from the date of issuance, the temporary rental license shall expire and is not subject to renewal, unless otherwise approved by the Cily Council: The Council may approval additional extensions provided the property is being actively marketed for sale. Temporary rental licenses are not transferable to new owners. (Ord. of 3-23-2009) The issuance of temporary rental licenses shall conform to all stantlartls of Chapters 5, 10, antl T$, except the Building Official may grant variances Trom Chapter T3 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 b1ocK 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 no[ 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 6e exempt from this Subdivision_ If the property is no longer licensed by the State of Minnesota, anew rental license application shall be submitted antl 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 floors) of alt principal and accessory buildings on the lot, and any other floors below the ground floor, are occupied and used for anon -rental permitted and/or conditional use and the rental use of the properly is confined to floor areas located above the ground Floor(s)- City of Winona I,) ! i,rlitation of rental l',owsi,ig in lo.,. density nei0borhogds. In R -R, R -S, R -'i R. 1,5, and R•2 districts of the city, no more than 30 percent (rotrnr3ed up`1 of the lots on ar}y block shall b= el c Ue to obtain .norti`ics t!or i as a rental property, mcludinp hori1es, In v.,hicfi rcomers M( o` boarders we tawen in by a resident f.amilfy A block is ceflned as a group of properties bnunded eribrely by Streets, public land, railroad ngh!s of 11,u)�; zcn�ng c ismct lines, corporate IIRilt lines, or phys+ca' features such as rivers. outcroppings, pontis or Takes; provided that final delineation of q block sh&l be made by City' staff 'Ashen determining the number of of giblo propeltie s cin a block the riumher shr.Il be me lowest number tiles results in 30 pe cent or more of the residential lots being rental. Tile folio -,ring table indicates hoar rr,cany (its are ablo to be Certified as rentals based ori the nilimbor of lots that exist uvi a bloc.. In cases in :+rhlch one po7mn of the blo--k is in an affected zo'ie and another is iii an exempt zone. Cnly the affecled For tion ,s subject to this regulation. ;h Exceptmis This limitation shall not apply to state licensed residential facilities nor to rental properties ',%,hich are validly licensed as of the date of adoptlor i of this ordnance. The latter v,' II be ce.rnted among the 30 percent of allo',vable rental houses for purposes of determining tivhether new liconses may be issued. Rental tats Rental 1.+1ts R1.nI'll ha% Rental I } i� In cases in :+rhlch one po7mn of the blo--k is in an affected zo'ie and another is iii an exempt zone. Cnly the affecled For tion ,s subject to this regulation. ;h Exceptmis This limitation shall not apply to state licensed residential facilities nor to rental properties ',%,hich are validly licensed as of the date of adoptlor i of this ordnance. The latter v,' II be ce.rnted among the 30 percent of allo',vable rental houses for purposes of determining tivhether new liconses may be issued. lii�l ' 1;t',I11Gt DArlL'a, P'openy Matsu Vilir:M th i C lm g oisir Cts circ_' z>r%Ir�t,t `rorrttr., rt1 c.. r'.G r 6;iF1P ., 1 '- F [?-2 %nd 't f n m perar,, e.;)tn,I C ellse IN C W, i- e t a r 1 C; fo eg 11)C; ? ir0;)e +: �, r ��� �(lt) �:�_., to ) tfle ,3 t;r e t `.I,-ntt t on t lay c,bl,- rl ,,,tier. ��t••�s prol l I i rcr`,1a` 1i^!:nae fcr Ns or her rror;ert,; for 7 P e r10Ci Cif '. i`lr not, tG oC):'1seagwe rponth s mae'r t`1F 10110,1YI('I9 C,4)0ifi0IlS- 1 The ,oroPerty i� belnct of'efC0 for s -1e try Wic., public. by the c mec v by any =ulhor 7cd age�,t ,( rio ing 1,ne lir �rs,r. terrtl, Tnc l ropeny shAll be Wlrporanb I c.ensed for rental i Urpose9 C}`lly 1 the prGp"art'yr CC`m"p-lies wli", alV?poj cabie r';nd rental housing requirements. 1 f e property shah IJP. I cc-, -.0 Oniy fOr Jne Of tnc, f01!0vI W one adult HYMg a�,xie, u3 ti)) two tanrelated edjHs hong logether witti', any dependents by b0h adoption c;r iaw, or K) a ly numtyr of persons related by bkoc.i, warri.age.•, Or tati;. r The v:--ml;orapy relrtai housing I�cense shall terminate Iltii»ediatel}' upon WIC, C105119 of a ale of the praperty to a pnrchaser 0' 21 the ,ond of the J. •nse tern, V-1i'Cherer evc"ll first -ccurs 5. i�, j .opy of thy; base agreement shalt hp 00poslted vdh the City"s urns wiity Development t)epartmen: voldn one Week from lie date �)f the � xeCLJQ,'r) 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. BROOKLYN CENTER, MINNESOTA AN IMPACT ASSESSMENT OF 'EMERGENCY' RENTAL HOUSING RESTRICTIONS Prepared for the City of Brooklyn Center By the Minneapolis Area Association of REALTO RSm Department of Researcb and Economics Staff Contact: David Arbiq MCRP Dav'dAlA MPLSreaitor.com (952i -98S-3150 November 3015 "/Ys always betta� to have occupied homes than vacant homes." —Mayor Tyra -Lukens (Edon Prairie) 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.' (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 United States Minnesota Hennepin County Brooklyn 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 Cent¢is 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 Minn¢sota. In other words, of Brooklyn Center's vacant properties, half of them would remain vacant in the face of a rental license m orato rfum—which could invite more and worse challeng¢s for the city. Of the rest of the vacant units, about 20.0 percent era "for sal¢." 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 own¢r's future right to rant, those considering buying a home in th¢ city might think twice if this important option Is not available to them. The overall makeup of renter- versus owner-occupi¢d properties in the city indicate a strong need for and us¢ of rental properties. Figura II below shows moderate recovery since the economic downturn in terms of unit sales, though traditional buyer demand is still wall below 2005 levels. Figura III below shows the median sales price in Brooklyn Canter compared to the metro area as a whole. Though there is a gap between Brooklyn Center sales prices and th¢ Twin Cities metro as a whole, prices era rising to 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 20'I 5. If home prices rise faster than household incomes, the need for plentiful rental housing becomes that much more important. Figura II cm..a e.o. Figurs 111 Figure IV Quicicfacts - Minnesota Henna in Count Brookl n Center Population, 2074 5,457,173 7,272,064 30,728 Population, pct change - 201 O to 2014 2.90 % 5.20% 2.00 % - Living in same house over 1 year 85.60% 82.60% 84.20% Foreign born persons, pct 7.30% 72.90% 23.20% Homeownership rate 72.50% 63.70% 63.SD% Housing units in multi -unit structures 27.60% 36.30% 28.10% Parsons per household, 2009-2073 2.47 2.38 2.65 Per capita income (2073 dollars) $30,973 $37,485 $27,275 Median housaholtl income $59,836 $64,403 $46,749 Parsons below poverty level 11.50% 72.80% 79.00% Figura IV demonstrates a number of important considerations to take into account before implementing new housing restrictions. First, Brooklyn Center's population is not what soma would call "transient " In fact, more people in the city have lived in their currant home for over 7 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 Cent¢r—slightly higher than the 63.7 percent homeownership rata 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 rant first before considering hom¢ownarship. This is well-documented by the Center for Immigration Studies, Harvard's Joint Center for Housing Studies and oth¢rs. This means having adequate access to safe, affordable rental options are especially important in Brooklyn Canter. 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. III. 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 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. Source: US Census 0 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% 50 to 54 years 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% 80 to 84 years 1.80% 1.60% 1.90% 85 years+ 2.20% 1.90% 2.00% Median age 33.2 36 37.4 Source: US Census 0 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. 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 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% (1024) 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 restrict(ons. Workforce Housing: It is crucial for municipal policies to support and cresta 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 Itva 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 Figura III highlights how the City of Brooklyn Cantor 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 ��o.. sa.. a s.u.ara• 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. Marketabll lty 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 affect 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 ba ranted; this is true even if their intent is to reside in the home. Rental Uanslty Issues: Implementing achy -wide rental license moratorium creates a da 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 90 into foreclosure. VI. Conclusions The Minneapolis Area Association of REALTORSO 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 m:vv annous Ween wssoc meson City of Brooklyn Center oI R E A LT O R S 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Wlilson and Members of the Council, On behalf of the Minneapolis Area Association of REALTORS® antl 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 haus/ng In low density neighborhoods. /n RI and R2 districts of the city, not more thou 30 percent (rounded upf of the /o[s on any block she/! be a/lglble to obtain o ren ia/ housing license. REALTORS believe In homeownershlo and prhrate property rl¢hts. REALTORS® believe the 'ability to buy, sell, or let for rent is a fundamental right of private property ownershl p. 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 properly owners. Cities should not unfairly restrict homeowners' abilities to eze rcise 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 aFfordabll Sty by limiting the supply of a va rlety of housing options; and • REALTORS• seek to protect the private property rights of all Minnesota homeowners. Rental property is a critical Dart of the life and housing cycle for most people. REALTORSm 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 unaffordabllity 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 Shat of an owner -resident Heading off to work, living, sleeping, participating in local commerce, playing with and raising child ren —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 slgniflcant Individual harm. Rental density caps can often have u Nntended consequences. Three out of four pia lntiffs in Oeon e[ a/ vs. City of Winona case were: 1) a forward -deployed (Afghanistan) V.S. Soldier who was attempting to not lose his home while 'in -country; 2) asingle-mother of three children, who sought Yo rent portions of her home to avoid foreclosure; and 3) a widowed senior citizen whom had previously been aging in place with changing health care and housing needs who was not Inclined to sell her 'nest egg' in a depressed housing market. In the end, each of these plaintiffs were denied the right to a rental license because their neighbors had already received them. Benefits of rental density caps that are deemed only "potential" should not outweigh specific harm to constituents. Strong demand for rental property can be seen as a positive signal for Brooklyn Center. The Twin Cities, and indeed the state overall, are witnessing a healthy recovery with improving economic conditions. The economy is growing. The unemployment rate in Minnesota continues to best the national average. Minnesotans are back to work. Rental property and strong demand, when considered in a national context, are positive signs of more prosperous days ahead. Many communities nationwide would welcome the return of strong rental demand in their community. They know that quite simply, strong single-family rental demand today will very likely translate into strong single-family purchase demand in the future. It's also worth noting that non -homesteaded properties pay a higher property tax payment and therefore contribute more to county and municipal resources. We urge the council to oppose any rental density caps in Brooklyn Center. Resist the temptation to try to solve problems on residential properties with untenable regulations. Instead, strengthen existing ordinances that solve specific issues such as deferred maintenance, unhealthy conditions, criminality, etc. Embrace those seeking the opportunity to join your community. Seek to provide them with options, incentives, and homeownership opportunities within your city. On behalf of the more than 7,500 REALTOR' members of the Minneapolis Area Association of REALTORS° and their clients who are current and future residents of Brooklyn Center, we stand ready to assist your community as you face housing challenges. We would welcome any opportunity to assist the city in finding equitable and effective solutions to property issues, especially regarding single-family rental trends. Sincerely, Julia Parenteau Vice President of Public Affairs Minneapolis Area Association of REALTORS° p. (952) 988-3124 e. juliap@mplsrealtor.com Cc: Curt Boganey, City Manager Vickie Schleuning, Assistant City Manager MAAR Executive & Government Affairs Committees Rental Regulations Policy Position Statement REALTOR® Associations of the Twin Cities Minneapolis Area Association of REALTORS@ Saint Paul Area Association of REALTORSO 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 REALTORSO 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 REALTORSO 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) (®nlv includes R1 and R2 Parcels) r..a, o,y, -- _ �_i = 1T�(:. r 4c:•Ttn-`j� - -.._ -- -�li - r �. . i-J'�=-_`' ' • 1 - . ` ' ��1 �` 1�L _ I _I_._,I �f1�} ;•� j.6' j{!- li ��_ ' ��, \ C � -'f\� ��;� �I Ir—,..I�I .-i •�`! - �>Z..k.--1'-*� 1 1 � 1 LZ_, � e.. L: , I y _ ,,- �. i • `_f f 1 -_♦0 r\ -r ' �./ j •,i ,I. II�:. 1 Pl`T �- t i t `I `--4-� �` ,I �t '•, � i' .r i � }. � S— ; - �ti--� !�` �'r ��t'"°•, � - � �---�r r l�� , ,^�-t� L! r1 ♦'� ♦,r ''��♦\,\��.:-�.� c--o•� Al {'�r_,�i! r+,� t -t - _,t ;,�'�fr+-i - '�__. I I �.. 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L1�j�1r4�• rT'--'rz+_,'--"-`_ -rte-r,=1-�•�.(�'�T�`��17,i., ifj]T,��.. ♦ j iri' ♦ 1-S'�lI Vii`--� V� �r I'^ `--•• F-^,, Bi\ i II 11 ♦ Legend Ir _„� r r1, i. �I ; �I� Il j • -II �j�-_. • Single Family Rentals in R1 & R2 Only -...-_-------? 1 , l ` c 1 Ula` te _`•�1tt i' 1 1) •7 '+ _.1 ..a.0 rIj� ♦ Geocoding Result: MDH Facilities b! ,' �� • 8 ` • ♦ _ _� ���-1 it J 1 __;L ,F Rental Duplex Active c F = 1 fT I rte- I I J __ Percent of Rental i •j �` - , � �_ � ,— a�._._/ -- I • 0.000000 - 0.999999':. - ^� °t -C i� t rJ _•'�� �1 = t ♦ SII - Ts f 7 { 1.000000 - 4.999999 _-�!l _ ♦ , iI--I-,+. ,.y „ rs.. a eY e•se, a :_:.. cy j \ i 1L �j - 11 • -•'_ fI� r1�1IrI�'-_1 I�{I� , I'fl i— 5.000000-9.999999 10.000000 - 14.999999 LT':% 15.000000 - 19.999999 4)20.000000 - 24.999999 �.-. •'r I -_ j1�-?.JsJ I{ c•1 i'�iiCt� I1I' _I ' i�* I ' j1h _* \I� , \ 25.000000 - 29.999999 ` - „ - '3 '—Cy ii( �] - \g r }. .I` T I (�. ��;,- 30.000000 -34.999999 �� �,� _ , �1. I. _77,i 1 Ii tom• i `e zP ,/ y I-( r• , T ji\ t •j / II�' 35.000000 - 39.999999 � t--�I t � , � i _ c • � � j ' 7 c � f 1 II `k'- 57 � � �I �j E� 1. -- I_I '1� !.�j i -=�i' (.._ -I CCCIn : ,f 0 40.000000 -100.000000 �? ' — - — Parcels =� u�:�,� City Border World Street Map--- , ' ISL '� 'II'� T 0 6501,300 2,600 3,900 5,200 6,500 7,800 9,100 10,400 11,700 13,000 —Gt -- o _ Feet P ��_ -; Ma Note:1 L N This map is for illustrative purposes only. Information contained in this map is _ � j,` �, �i � �- � �`• accurate to the best of our knowledge.=sIJ,+= •.- 11 F t }r Map Date: 3/10/2016 *— { Work Session Agenda Item- No. 2 DATE: May 17, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer ✓_ 7 SUBJECT: Water Tower Painting Project Concept Recommendation: It is recommended that the City Council consider providing direction to staff pertaining to the aesthetic components of the Water Tower Painting project. Background: City water tower No. 3 located in Centerbrook Golf Course is programmed to be rehabilitated and painted in 2016 as part of the City's Capital Improvement Program. Plans and specifications have been completed with a bid opening scheduled on June 2, 2016. The project is expected to be awarded June 13, 2016. A bid alternate is included that prescribes the project to take place July -October 2016 or April -July 2017; and is included due to possible heavy contractor workloads in 2016, with the anticipation of receiving better competitive bidding with a more flexible project schedule. The technical components and design of the project are complete. However, aesthetic items including color scheme, lettering and logo will need to be selected prior to commencing the actual painting of the water tower. It should also be noted that all three water towers are programmed to be painted in the near future: water tower No. 3 in 2016, water tower No. 2 in 2017 and water tower No. 1 in 2020. Determining a consistent aesthetic standard is desired to be established now to ensure these notable community landmarks promote the desired image of the City. A presentation will be provided that outlines considerations of the aesthetic components and the selection process. Policy Issues: Does the City Council desire to maintain the existing color, logo and lettering on the water tower or proceed with modifying any or all of these components? Strategic Priorities: • Key Infrastructure Investments Mission: Ensurrn tin trttractivc, clean, safe, inclusive conrrnunity that enhances the qualitp (#'life for all people and preser ves the public trust