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Home My WebLink About2018/12/10 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA DECEMBER 10, 2018 6:00 p.m. STUDY SESSION – Council chambers Discussion items 1. 6:00 p.m. Future study session agenda planning 2. 6:05 p.m. HRC report to council: Immigrants Who Are Undocumented Proposal 3. 7:05 p.m. Crime free/drug free rental housing 4. 8:35 p.m. 2019 City Council Workshop 5. 8:50 p.m. 2018 National League of Cities Summit debrief 9:10 p.m. Communications/updates (verbal) 9:15 p.m. Adjourn Written reports 6. Affordable housing programs 7. TwinWest Business Retention and Expansion Program Partnership Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the administration department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting: Study session Meeting date: December 10, 2018 Discussion item: 1 Executive summary Title: Future study session agenda planning Recommended action: The city council and city manager to set the agenda for the regularly scheduled study session on January 14, 2019. Policy consideration: Not applicable. Summary: This report summarizes the proposed agenda for the regularly scheduled study session on January 14, 2019. Also attached to this report is the study session discussion topics and timeline. Proposed topics for future study session discussion: Westwood Hills Nature Center Access Fund- prosed by councilmember Rog (attachment) Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Tentative agenda – January 14, 2019 Study session discussion topics and timeline Study Session proposal- Westwood Hills Nature Center Access Fund Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Study session meeting of December 10, 2018 (Item No. 1) Page 2 Title: Future study session agenda planning December 24, 2018. Study session cancelled. January 14, 2019. 6:30 p.m. – Study session – Community room Tentative discussion items 1. Future study session agenda planning – Administrative services (5 minutes) 2. STEP discussion re: facilities – Administrative services (45 minutes) During this time the city council will discuss STEP’s proposal regarding their future facility needs. Communications/meeting check-in – Administrative services (5 minutes) Time for communications between staff and council will be set aside on every study session agenda for the purposes of information sharing. Written reports 3. 2019 Pavement Management Project update End of meeting: 7:10 p.m. Study session meeting of December 10, 2018 (Item No. 1) Page 3 Title: Future study session agenda planning Study session discussion topics and timeline Discussion topic Comments Date Scheduled Immigration & supporting families Discussed 8/6; referred to HRC; HRC conducting community meeting in October 12/10/18 Crime free ordinance/affordable housing strategies Discussed 5/14/18. 1st reading housing trust fund 10/1/18; Other affordable housing strategies/Crime Free Ordinance – Nov/Dec 12/10/18 STEP discussion: facilities 1/14/19 Firearm sales Discussed 5/21/18 & 7/23. Written report provided at 9/24 study session. PC currently reviewing ordinance options. Policy on city facilities adopted 10/15 1st Qtr. 2019 Zoning guidelines for front-facing buildings with windows not papered Discussed 7/9/18. Referred to PC for review & recommendation. 1st Qtr. 2019 Design guidelines - New home construction Discussed 7/9/18. Referred to PC for review & recommendation. 1st Qtr. 2019 Finalize Council Norms Reviewed on 5/7/18; adoption postponed on 5/21/18. To be discussed at Jan. Retreat 2019 Workshop Retail/service/liquor stores size Discussed on 6/11/18; referred to PC. Discussed 11/26/18 Ongoing Revitalization of Walker Lake area Part of preserving Walker building reports: 8/28/17, 9/25/17, 1/22/18, design study 2/12/18, update 4/23/18, design study update 8/27/18 Ongoing Discuss and evaluate our public process TBD Easy access to nature, across city, starting with low-income neighborhoods TBD SEED’s community greenhouse/resilient cities initiative TBD Community center project TBD Utility pricing policy TBD Establish a local housing trust fund Completed 10/15/18 Board and commission work plan process Completed 11/26/18 City Council Study Session Topic Proposal Date: Prepared by: Proposed agenda topic: Brief Description of topic (no more than 200 words): How does this topic align with the council strategic priorities? If not, why should the council consider the topic: ** All completed forms must be sent to Tom Harmening, City Manager tharmening@stlouipark.org and Maria Carrillo Perez, Management Assistant mcarrillo- perez@stlouispark.org by the Tuesday before a City Council Study Session ** Study session meeting of December 10, 2018 (Item No. 1) Title: Future study session agenda planning Page 4 Meeting: Study session Meeting date: December 10, 2018 Discussion item: 2 Executive summary Title: HRC report to council: Immigrants Who Are Undocumented Proposal Recommended action: No formal action requested. Human rights commission members (HRC) and staff will be providing the council an overview of the proposal. Policy consideration: Does the council wish to move ahead with next steps with HRC’s recommendations from the proposal? Summary: Recently, residents asked the St. Louis Park City Council to pass a resolution calling for the abolishment of U.S. Immigration and Customs Enforcement (“ICE”) and limiting the cooperation of city employees with federal immigration enforcement actions. The city council asked the human rights commission (“HRC”) to provide the council with feedback on this proposal. After considering a variety of factors, the HRC has developed an alternative proposal the HRC believes is better tailored to St. Louis Park (see attached). At the study session, members of the HRC will discuss their observations and review the recommendations. Financial or budget considerations: Funding would need to be determined if the council would like to develop the grant program as recommended by the HRC. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: HRC Immigrants Who Are Undocumented Proposal Prepared by: Alicia Sojourner, Racial Equity Manager Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Study session meeting of December 10, 2018 (Item No. 2) Page 2 Title: HRC report to council: Immigrants Who Are Undocumented Proposal To: St. Louis Park City Council From: St. Louis Park Human Rights Commission Re: “Immigrants Who Are Undocumented” Proposal Date: 10/24/2018 Recently, residents asked the St. Louis Park City Council to pass a resolution calling for the abolishment of U.S. Immigration and Customs Enforcement (“ICE”) and limiting the cooperation of city employees with federal immigration enforcement actions. The City Council asked the Human Rights Commission (“HRC”) to provide the council with feedback on this proposal. After considering a variety of factors, the HRC has developed an alternative proposal we believe is better tailored to our city. This proposal is on page 4. Process: At the HRC’s August meeting, a subcommittee was appointed to work on this issue. At our September meeting, the subcommittee presented its findings and proposal to the HRC. A community event was held on Oct. 9, to discuss the question, explain the HRC’s preliminary position, and solicit feedback from community members. Notes summarizing comments from the community members at this event begin on page 5. Some of the ideas and information shared at the meeting were incorporated into the subcommittee’s proposal, and the updated version was shared with the rest of the HRC at the October meeting. The HRC voted to approve the proposal as the HRC’s position, and to forward it to the City Council for further discussion and consideration. Equity and Racial Justice Note: Due to a variety of factors, there was limited turn out at the HRC’s event on Oct. 9th. Only two of the community members in attendance identified themselves to the group as first-generation immigrants. The HRC is mindful of the limited input it has received from individuals directly impacted by federal immigration policy and any action St. Louis Park may take in response. At the same, we have concerns about reaching out to historically marginalized communities and requesting investments of time and energy on proposals over which we have no ultimate decision-making authority or budgetary resources. With these dual concerns in mind, the HRC views its proposal as a means of building trust in impacted communities and opening the door to greater communication and partnership in the future. We encourage the City Council to think about how it can solicit feedback from impacted communities as it considers our proposal, and in implementing any actions it chooses to take. Background: In recent years, local governments across the country have adopted “sanctuary city” policies, which are also referred to by other names, such as “separation ordinances.” The details of these policies vary, but they generally focus on prohibiting city employees from cooperating with federal immigration authorities. Locations that have passed separation ordinances have faced retaliation from both the current Presidential administration and ICE, including actions such as funding cuts and increased enforcement action. Although there have been recent legal victories at the court of appeals level in litigation over federal funding cuts, it cannot be assumed that the Supreme Court will uphold those rulings. Furthermore, local governments are extremely limited in their ability to control the actions of federal immigration enforcement officials within their communities. Study session meeting of December 10, 2018 (Item No. 2) Page 3 Title: HRC report to council: Immigrants Who Are Undocumented Proposal Some activists and politicians have also been calling for the abolishment of ICE. ICE was created by merging several previously independent federal border and revenue enforcement agencies after September 11, 2001. These calls for action have increased in response to recent changes, and proposed changes, to federal immigration policy, particularly with respect to family separation and use of safety net services. The Trump administration’s “zero-tolerance” policy has resulted in a profound expansion of the family separations that had begun under previous presidential administrations. The current administration has also proposed changes to immigration policy which would deny permanent resident status to documented immigrants who make legal use of public benefits such as nutrition assistance programs. Confusion about the scope of the proposed rules, as well as fear that additional expansions of these restrictions will be made in the future, has already resulted in families ceasing to use these services, even for family members who are United States citizens. Current Policies in St. Louis Park: It is the current (and past) practice of the St. Louis Park Police Department to not ask individuals about their immigration status, or take other actions to enforce federal immigration laws or policies. The Police Department does follow a federal law requiring notification of federal authorities if an individual arrested by St. Louis Park Police has a federal detainer, warrant, or alert. Additional Considerations: Unlike many of the cities that have passed separation ordinances, there are no courthouses within St. Louis Park. Furthermore, although the Police Department has a limited number of holding cells, detention primarily occurs at the Hennepin County Adult Detention Center in Minneapolis. Court and detention centers are locations where separation ordinances are often most impactful. “Abolishing ICE” would not nullify federal immigration laws. Its replacement would be controlled by the same federal government responsible for recent changes to immigration policy. Other Responses: Both Hennepin County and the city of St. Paul have responded to changes in federal immigration policies by funding legal defense teams. Hennepin County authorized $250,000 in funding, and St. Paul authorized $100,000. Since the St. Louis Park residents are within Hennepin County, it would not necessarily make sense for the city to provide additional funding specifically for legal defense purposes, but the idea of dedicating funding to support those directly impacted by federal immigration policies can be adapted to our local circumstances. HRC Conclusions: After considering this information, the HRC believes that adopting “sanctuary city” status or calling for the abolishment of ICE is not the best path for the city, but agrees that some responsive action should be taken. Becoming a sanctuary city would offer a limited expansion of protection to undocumented immigrants in St. Louis Park, but could potentially result in significant retaliatory action from the Presidential administration and ICE. The HRC believes that a resolution stating St. Louis Park’s views on these issues can accomplish many of the benefits of passing a separation ordinance, while minimizing the likelihood of retaliation against vulnerable community members by the federal government. Inspired the legal defense funds established in Hennepin County and St. Paul, the HRC believes the St. Louis Park City Council should establish a fund to support community projects that Study session meeting of December 10, 2018 (Item No. 2) Page 4 Title: HRC report to council: Immigrants Who Are Undocumented Proposal support individuals and families impacted by federal immigration policies. The process for requesting and awarding these funds could be based on the processes already in place for other funds offered by the city, such as neighborhood grants. The HRC strongly urges that the review committee include individuals with strong relationships to directly impacted communities. Multicultural Liaisons from the School District have attended a number of community events hosted by the HRC, including the Oct. 8th event discussing this proposal, and have provided valuable insight on how families here in St. Louis Park have been impacted by federal immigration policies. Study session meeting of December 10, 2018 (Item No. 2) Page 5 Title: HRC report to council: Immigrants Who Are Undocumented Proposal Human Right’s Commission Proposed Resolution Whereas recent changes to the immigration policies of the United States federal government have resulted in an increased separation of families; Whereas fear of proposed changes to immigration policy has stopped immigrants and their families from accessing public benefits, such as nutritional assistance and health care, and from seeking the assistance of law enforcement; Whereas these policies are directly impacting residents of St. Louis Park; Whereas these policies are a continuation of our country's historical legacy of laws and policies separating families in marginalized communities, including communities of color and indigenous communities; and Whereas these policies are contrary to the values of St. Louis Park and our city's historical legacy of welcoming, and being enriched by, immigrant communities; now, therefore, be it Resolved, that the St. Louis Park City Council: 1) urges the federal government to cease its policy of family separation except in narrowly tailored circumstances; 2) affirms our commitment to policies of non-discrimination and values the dignity of all of our community members, irrespective of country of origin or immigration status; and 3) hereby establishes a grant program, allowing residents and organizations of St. Louis Park to request funding for projects that will mitigate the harms caused by current and proposed federal immigration policies that separate families and discourage the use of safety net services. Study session meeting of December 10, 2018 (Item No. 2) Page 6 Title: HRC report to council: Immigrants Who Are Undocumented Proposal Notes from Oct. 8, 2018 Community Meeting Residents expressed a variety of reactions and opinions on the issue of immigration and the separation of families. All attendees expressed support for immigration in general. Several attendees stated that they are working to mitigate the effects of recent actions by the federal administration. A minority of attendees expressed support for current administration actions to the extent that they make immigration procedures “fair” for all immigrants. Most attendees said that separating children from their families was never appropriate, although a few said that breaking the law needs to have consequences. All attendees agreed that children should not have to suffer. Several gave examples of how current actions are causing children to lose access to support. If one parent is the primary breadwinner for a large family and gets deported, what remains is a single parent who may not be able to work and take care of children at the same time. They now require government and community support. Current rhetoric around access to public benefits means many caregivers are scared to have their children access benefits, even if the children are citizens and qualify. One attendee’s church offered sanctuary to a family, letting them live in the building as a protection from authorities. However, the father went to court in response to a summons to start the legalization process, where he was arrested and then deported. That congregation has now given up on being a sanctuary church as it failed to provide adequate protection. Attendees also noted that undocumented parents sometimes feel uncomfortable. Attendees were concerned about the economic impact of the current atmosphere on both new immigrants and citizens. One attendee gave an example from South America, where it was feared that Venezuelan emigrants were undercutting wages. Instead of deporting them, Colombia offered Venezuelans legal status, which leveled competition and prevented citizens’ wages from falling. Another noted that in the United States, when a place of employment hires both documented and undocumented workers, the documented workers have to do more work when the undocumented avoid immigration control, but they do not get paid more for it. The issue of taxation also arose: since undocumented workers do not file for tax refunds, they usually pay more in taxes than documented workers do. Attendees expressed several wishes regarding a statement made by the council. They hoped it could encourage legislative action to resolve issues of immigration on a broader scale. Attendees brought up St. Louis Park’s long history of accepting immigrants and refugees, specifically giving the examples of our Jewish and Russian communities. When one attendee reminded the others that “we are a nation of laws,” others brought up International Human Rights Law and mentioned that seeking asylum is a legal method of entrance. Other attendees pointed out that people don’t come to Minnesota because it’s easy, warm, or comfortable, but because they need to find a place that gives opportunities. As one attendee said about immigration, “embracing it strengthens us.” Attendees also expressed several wishes regarding actions the city could take in response. One difficulty is that state, county, and city programs are perceived as part of the federal government. Attendees suggested that resources make themselves feel safer to immigrant communities so that more parents take advantage and children have access. There is work being done by Hennepin County, by religious communities, and through STEP, the Central clinic, and the domestic violence shelter, but those without legal status may not ask for help. Other resources were named, including the High School and Middle School free stores, which are supplied through Study session meeting of December 10, 2018 (Item No. 2) Page 7 Title: HRC report to council: Immigrants Who Are Undocumented Proposal donations and administered by the schools. However, parents are often nervous about attending school functions or using school resources because the presence of a school resource officer is intimidating. Attendees displayed enthusiasm about the possibility that a fund be created to supply grants to these organizations or to community members that see a need. Several expressed a desire to learn more about current programs and to find ways to support them. A consensus among attendees is that helping immigrant families that live and work in our community will be positive for everyone who lives and works here. Meeting: Study session Meeting date: December 10, 2018 Discussion item: 3 Executive summary Title: Crime free/drug free rental housing Recommended action: The purpose of this report and study session presentation is to provide an overview of the crime free/drug free rental housing sections of the business licensing code and identify next steps. Policy consideration: Does the city council support further study of the crime/drug free housing sections of the business licensing code for rental housing by gathering input from key stakeholders including property owners/managers, tenants, housing advocates and staff? Summary: The crime/ drug free housing ordinance took effect in 2008 in response to concerns from residents who lived in or adjacent to rental properties experiencing disorderly or criminal activity. The ordinance establishes property management training requirements and minimum standards for property owners/managers to address disorderly behaviors or criminal activity in rental properties. After discussing this ordinance last May, council directed that this topic be brought back for a deeper conversation. If council is in agreement with the policy question noted above, staff proposes reviewing this ordinance similar to a process recently used in developing the tenant protection ordinance. This would involve Community Development/Housing staff forming a group of key stakeholders to review information and data, gain input and provide recommendations to the city council. At the study session, staff will provide additional information and data on the crime/drug free program, along with time for discussion by council including consideration of next steps. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion St. Louis Park City Code: Sec. 8-328, Sec. 8-331 St. Louis Park Crime Free Rental Housing Lease Addendum Sample Notices Study Session Agenda & Minutes May 14, 2018 Study Session Agenda & Minutes May 29, 2007 Study Session Agenda & Minutes January 8, 2007 Study Session Agenda & Minutes July 24, 2006 Prepared by: Maria Carrillo Perez, Management Assistant Nancy Deno, Deputy City Manager/HR Director Brian Hoffman, Inspections Direction Mike Harcey, Police Chief Michele Schnitker, Housing Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager Study session meeting of December 10, 2018 (Item No. 3) Page 2 Title: Crime free/drug free rental housing Discussion Background: The city council first discussed the concept of a crime/drug free ordinance in 2006 in response to a growing number of tenant behavior complaints. Property managers and residents in the rental community were being impacted by disorderly behaviors of other tenants. The purpose of the proposed ordinance was to enhance the rental business licensing section of the city code to assist in reducing crime and improving the quality of life within the community. After numerous discussions, the city council approved a crime-free ordinance in 2007 which took effect in 2008. The program was designed to be an effective and efficient tool in partnering with the hundreds of rental property owners to maintain crime and drug free housing in the city and provide a safe, livable community for all St. Louis Park residents. In May 2018, the city council began a process of reviewing, examining and receiving an update on a number of housing related items including the crime/drug free housing ordinance. At that time the council directed staff to schedule another meeting to discuss in greater detail the ordinance. This study session discussion is intended to provide for that discussion. As noted earlier, staff recommends the creation of a workgroup composed of key stakeholders to review the crime-free housing ordinance and provide a recommendation to the city council on possible areas of modifications to the code. This process would be similar to one recently used for developing the tenant protection ordinance and would be led by Community Development/Housing staff. About the crime/drug free housing ordinance: What is the purpose of the ordinance? The ordinance establishes property management training requirements and sets a minimum level of behavior expectations for occupants and responsibilities for property owners/managers to insure community livability. The standards enhance rental licensing programs and prevent or resolve behavior concerns in rental properties. The program supports tenants who desire to live in a safe, well maintained rental community. When and why was the crime-free ordinance passed in St. Louis Park? The crime/drug free housing ordinance took effect in 2008 to address concerns about disorderly and disruptive behaviors and/or criminal activity in some of the rental housing in the city. The majority of rental property owners in St. Louis Park managed their properties responsibly but the city had no way to hold those property owners accountable for not addressing disorderly behaviors and/or criminal activity on their properties. These issues negatively affected the safety and quality of life of nearby resident renters and the community as a whole. What were the best practices for ensuring safe communities and enhanced quality of life? In 2007, best practices of communities across the state and nation included applicant background checks and the use of crime free lease addendums. New initiatives such as the Community Oriented Policing philosophy and the crime/drug free housing ordinance were adopted in St. Louis Park in an effort to enhance the quality of life and provide a safe community for all residents, both renters and homeowners. Study session meeting of December 10, 2018 (Item No. 3) Page 3 Title: Crime free/drug free rental housing Where is the crime-free ordinance located in the city code? How has this code evolved overtime in regards to rental licenses? The provisions of the ordinance are located in Chapter 8 of the City Code (attached) which establishes several business and contractor licenses. Subdivision VIII – Rental Housing, integrates all the various requirements and standards for all non-owner occupied dwelling units, including single family, vacant, duplexes, and multi-family. The rental housing section of the city code has evolved over several decades as outlined below: • 1971 - Rental licensing and basic inspection of multi-family buildings was started. • 1991 - Consideration of adding 1 & 2 family rental and disorderly use provisions. (Added in 2005) • 2001 – A national model code, The International Property Maintenance Code, was amended and adopted. Established uniform minimum standards for all properties in the city, including rental units. • 2005 – 1 & 2 family rentals was added into the license and inspection program. • 2008 – Crime and drug-free provisions added to rental licensing section. • 2010 – Provisional license option with conditions and fee was adopted. This section, which includes additional staff involvement and a higher fee, may be used as a corrective tool when a rental property owner/manager is not maintaining rental property in compliance with the rental requirements. • 2018 – Tenant protection components added that help protect and mitigate the impacts rental housing residents experience when naturally occurring affordable housing is sold resulting in rents that are no longer affordable to the current residents. How many rental units existed in 2008 when the crime-free housing ordinance was adopted? How many exist today? In 2008, the city had about 8,316 rental units consisting of single family, multi-family, duplexes, and condo/townhome units, accounting for 36% of the all housing units. Today, of the 24,809 housing units in the city, about 11,284 (45.5%) are rental properties. The safety and quality of life of tenants is dependent on good property management by the property manager. Given the amount of rental housing in the community the city believed additional tools were necessary to ensure property managers were in support of and accountable for good property management practices. How is the crime-free ordinance beneficial to property owners/managers and tenants? All St. Louis Park residents have the right to live in a safe community. The crime/drug free ordinance creates the opportunity for the city to work in partnership with the property owners/managers and tenants to ensure that residents have the ability to live in a safe environment. The crime/drug free ordinance provides a sense of safety for residents in a rental property as it allows for them to report quality of life issues. This ordinance also sets quality of life expectations for renters who are interested in living in a safe environment. The crime/drug free housing ordinance allows property owners/managers to manage their properties effectively by providing them with a structure on how to deal with disruptive tenants. Property owners/managers are provided the necessary information to make informed Study session meeting of December 10, 2018 (Item No. 3) Page 4 Title: Crime free/drug free rental housing decisions on how to mitigate quality of life issues occurring on their properties. The ordinance and lease addendum provides information to those looking for rental property and also to those living in rental communities that there is an expectation of a safe living environment. Do other cities have similar ordinances? According to Homeline, a tenant advocacy organization, approximately 50 cities in the metro regulate rental housing. Of those cities, about 18 require property owners and managers to use a crime free lease addendum in their rental contracts with tenants. Cities that have embraced a crime free rental housing philosophy includes Anoka, Brooklyn Center, Brooklyn Park, Coon Rapids, Duluth, Eden Prairie, Richfield, Fairbault, Golden Valley, Hopkins, Mankato, Maple Grove, Minneapolis, Plymouth, Robbinsdale, Rochester, Savage, Shakopee, St. Paul, Wayzata, and Woodbury. The Minnesota Crime Prevention Association also states that “CFMH came to Minnesota in 1994. The program has been very successful, earning the endorsements of the Minnesota Chiefs of Police Association, the Minnesota State Sheriffs Association, Minnesota Crime Prevention Association, and the Minnesota Multi-Housing Association. Minnesota currently has over 120 law enforcement agencies participating in CFMH or similar programs.” Overall, how does the city ensure quality rental housing? The city takes proactive measures to ensure quality rental housing in the community. Three city initiatives, including the crime-free ordinance, work simultaneously to ensure safe and quality housing. The city’s business licensing/rental licensing ordinance include the following three components: • Property maintenance and inspection program implemented originally during the 1970’s and modified over the decades to help ensure the physical aspects of the rental housing stock are physically safe and in good condition. • Crime-free housing ordinance implemented in 2008 to establish minimum standards of property management to help ensure that families and individuals live in a safe environment. • Tenant protection ordinance implemented 2018, recently adopted and one of the first in the state, to help protect and mitigate the impacts rental housing residents experience when naturally occurring affordable housing is sold and then either torn down or upgraded, resulting in rents that are no longer affordable to the current residents. How do tenants know they are subject to the crime-free housing ordinance? This is communicated by the property owners/managers in the city. The code takes a proactive approach of notifying tenants of the crime-free housing ordinance through a lease addendum. Property managers ensure that residents are made aware of and agree to the terms of the crime/drug free housing ordinance through a lease addendum when they sign their lease. The agreement states they are responsible for their behavior and that of their guests. The consequence for violating the ordinance are outlined in the lease addendum (see attached). How are property managers trained on this ordinance? The owner or property manager must attend an approved Minnesota Crime Free Multi-Housing training before a rental license is issued. The St. Louis Park police department offers this Study session meeting of December 10, 2018 (Item No. 3) Page 5 Title: Crime free/drug free rental housing training and educates owners and managers on the St. Louis Park Crime Free Ordinance. The training brings in a number of partners to discuss the following: • Information on getting help from the police with criminal activity (Presented by St. Louis Park Police Department’s Community Outreach Officer) • The purposes and process of the crime free ordinance (Presented by St. Louis Park Police Department’s Investigations/Outreach supervisor) • Crime Prevention Through Environmental Design (CPTED) (Presented by Hopkins Police Department Crime Prevention Specialist) • Rental agreements and lease termination process (Presented by a property manager- tenant attorney) • Information on working with the St. Louis Park Inspections Dept. • Information on housing assistance (Presented by St. Louis Park Housing Assistance Coordinator) • Information on recognizing/reporting drug activity and its public health risks (Presented by law enforcement narcotics expert) • Information on applicant selection/screening (Presented by a screening service provider) • Information on Community Mediation Services (Presented by Executive Director of the community mediation and restorative justice provider) How is the city notified or made aware of potential violations of the crime-free housing ordinance? In most cases the police are called to a rental property based on a complaint from another resident. There may be multiple complaints from those living at the property who are concerned about the disruptive behaviors that are taking place in another rental unit that impact the quality of life of others living in the building. How are tenants notified of a violation occurring? The police department sends notification letters for all types of violations to the property owner or manager and advises them of their responsibility to notify their tenant that a violation has been reported/observed (sample notice attached). What are the different levels of a violation? There are two different categories for violation of the crime/drug free housing ordinance. One relates to documented criminal activity, such as drugs or violence, which can subject the resident to immediate lease termination by the property manager. The other category covers less severe violations such as disorderly conduct, noise and other related disturbances (loud parties / loud music) that can interfere with the resident’s quality of life. In that category, if a resident is found to have three documented cases in a twelve-month period, they are subject to lease termination by their rental manager / owner. (Ordinance attached) What is the process involved for a resident who receives a notice? Rental property owners/managers are expected to communicate information about all reported or observed violations to their tenants. For first violations, notice letters are sent to property owners/managers when violations are reported/observed by city personnel. The letter reminds owners/managers of their responsibility to notify their tenant and work with their tenant to prevent further violations. For second violations, another notice letter is sent to Study session meeting of December 10, 2018 (Item No. 3) Page 6 Title: Crime free/drug free rental housing property owners/managers and requests that they work with their tenant and prepare a written action plan to prevent further violations, then supply this to the city within 10 days. In the event of a third violation or an immediate lease termination, a notice letter is sent to property owners/managers and explains that the rental unit can no longer be leased to the tenant, per the requirements of the ordinance. The process for the owner/manager’s appeal process is also explained, along with the administrative penalties that may be imposed if the tenancy is continued. Why would someone have their lease terminated before they are convicted of a crime, or in some cases, if they aren’t ever convicted at all? The Crime Free Multi Housing process in place in St. Louis Park, like many others, can have both criminal and civil aspects. This process provides guidance for rental property owners/managers in responding to noise, disturbances, drugs, and criminal activity on their premises. Police officers who observe and report violations when they are sent to investigate calls made by neighbors may also choose to initiate a criminal process (citation or formal charging) based on the seriousness of the crime, the likelihood that the conduct will continue if not addressed, and other considerations. The process in St. Louis Park was designed with the goal of being effective for both the tenant in whose unit the violation occurred, for the property owner/manager, and for the neighbor(s) who called in the complaint. One or both of these paths might be undertaken to ensure the fairest, most effective result for everyone involved. What is the recommendation for next steps? Staff recommends the creation of a workgroup composed of key stakeholders to review the crime-free housing ordinance and provide a recommendation to the city council on possible areas of modifications to the code. This process would be similar to one recently used for developing the tenant protection ordinance and would be led by Community Development/Housing staff. Key stakeholders include property owners/managers, tenants, housing advocates and staff. If the Council wished to move ahead with this approach, it is expected that the process would take approximately six months. Why would we use this type of process for review? What would be the workgroup tasks? It is important to revisit city ordinances periodically to ensure their effectiveness given changes in community needs and attitudes over time. The city began review of the current crime free ordinance in May of this year and subsequently began compiling data relevant to prior year’s enforcement of the ordinance. To examine the impact of the current crime free housing ordinance and ensure that the city receives input from all stakeholders, staff recommends that a workgroup be convened that includes representatives from MN Multi-Housing Association, the St. Louis Park rental community (both owners/property managers and renters), representatives from agencies advocating for property manager /tenant rights and protections, and city staff. It is recommended that this process would be led by St. Louis Park housing staff and this work will be done using a racial equity and inclusion lens. The purpose of the workgroup will be to review and discuss the impact of the St. Louis Park crime free ordinance, determine the effectiveness of the ordinance, identify any unintended consequences or concerns, and explore possible modifications to the ordinance to help ensure safe, livable rental properties that is responsive to the needs of tenants, property owners/managers and the community. Study session meeting of December 10, 2018 (Item No. 3) Page 7 Title: Crime free/drug free rental housing A similar workgroup process was recently implemented in response to the city’s consideration of a number of strategies and tools to preserve existing NOAH properties in St. Louis Park. The process ensured that we heard from all stakeholders in the community, and although they didn’t reach agreement in every instance, they were able to identify common ground on a number of issues and came to a consensus to move forward on several initiatives. The process was supported by the workgroup members and resulted in more informed solutions that persons on all sides of the issue were willing to support. Can the city council consider putting a hold on the ordinance if the council desires to move ahead with this study? In working with the city attorney, council could temporarily suspend the administrative process of the property owners receiving the “notice to terminate lease” letter from the city. The city attorney would develop a resolution to be considered by council at an upcoming council meeting. The resolution would focus on suspending city code section 8-331 (c) and (f) until further action. What are some things to consider if there is a suspension of the ordinance? • Tenants who support and desire a crime/drug free ordinance may not feel as safe if there is no action that can be taken for disruptive behaviors. • Property managers may desire to continue with the provisions since they are in a lease agreement between the property and the tenant. • If someone is a new tenant and signs a lease during the suspended time period, would they still sign the crime free/drug free addendum? Yes, although some provisions would not be enforced. • Even in the case of a violent criminal activity, such as an assault, the property owner/manager would not have any requirements to pursue a lease termination with the tenant and they could remain in place. • Property managers would need to develop a communication plan for their tenants on how things are handled at their property during the suspension. St. Louis Park City Code BUSINESSES AND LICENSES Subdivision VIII. Rental Housing Sec. 8-328. Crime Free/Drug Free Training. The owner or property manager must have attended an approved training program in The Minnesota Crime Free Multi-Housing Program before any rental license is issued. A Provisional License may be issued for six months to accommodate the training schedule. An owner whose only rental housing is either unoccupied or a dwelling unit homesteaded by a relative is exempted from the training program. (Ord. No. 2334-07, 08-10-2007; Ord. No. 2361-08, 1-1-2009) Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements. (a)All tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following Crime Free/Drug Free and Disorderly Use language: (1)Crime Free/Drug Free. 1.Resident, any members of the resident’s household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug-related criminal activity, on or near the premises. 2.Resident, any member of the resident’s household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises. 3.Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. 4.Resident, any member of the resident’s household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. 5.VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (2)Disorderly Use. 1.Resident, members of the resident’s household, guests, or other persons under the resident’s control shall not engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct; and violation of the St. Louis Park City Code relating to zoning, nuisance and prohibited noise. 2.THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD SHALL BE A Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 8 SUBSTANTIAL AND MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. (3)Definitions. 1.The term “criminal activity” means prostitution, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. 2.The term “drug related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). (4)Non-Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (b)These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (c)Upon determination by the Police Department that a licensed premises or unit within a licensed premise was used in violation of the Crime Free/Drug Free provisions of Subsection (a) (1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (d)Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for Disorderly Use activities as set forth in Subsection (a)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further Disorderly Use violations. (e)If a second Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use violations. (f)If a third Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (g)The provisions of Subsections (c), (d), (e), and (f) herein do not apply if the determination that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections (a)(1) and (a)(2) herein originates from a call from or at the request of one or more of the tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term “domestic abuse” has the meaning given in Minn. Stat. § 518B.01, subd. 2. Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 9 (h)The owner may appeal the Notice of Violation of the Subsection (c) Crime Free/Drug Free lease language or the Subsection (f) Notice of Disorderly Use Violation by making a written request to the City Manager for a hearing within ten (10) days of receipt of the Notice. The owner shall have the right to appear at the hearing and present any relevant evidence, including the right to challenge the validity of all three incidents forming the basis for a disorderly use notice pursuant to Subsection (f). The City Manager or designee shall promptly conduct the hearing and issue the decision either affirming or reversing the Notice of Violation. If the Notice of Violation is affirmed, the owner will have ten (10) days from receipt of the decision to proceed with termination of the tenancy as required by Subsection (c) or (f). (Ord. No. 2334-07, 08-10-2007; Ord. No. 2361-08, 1-1-2009; Ord. No. 2407-11, 1-13-2012) Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 10 St. Louis Park Crime Free Rental Housing Lease Addendum (1)Crime Free/Drug Free. 1.Resident, any members of the resident’s household or a guest or other person affiliated with resident shall not engage criminal activity, including drug-related criminal activity, on or near the premises. 2.Resident, any member of the resident’s household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises. 3.Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. 4.Resident, any member of the resident’s household, or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, sell, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. 5.VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (2)Disorderly Use. 1.Resident, members of the resident’s household, guests, or other persons under the resident’s control shall not engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct; and violation of the St. Louis Park City Code relating to prohibited noise. 2.THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD SHALL BE A SUBSTANTIAL AND MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. (3)Definitions. 1.The term “criminal activity” means prostitution, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. 2.The term “drug related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act [21 U.S.C.802]). Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 11 St. Louis Park Police Department • 3015 Raleigh Ave. S., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2600 • Fax: 952.924.2676 • TTY: 952.924.2671 December 6, 2018 Notice of First Violation «MGR_FIRST_NAME» «MGR_LAST_NAME» «MGR_ADDR2» «MGR_ADDR1» «MGR_CITY», «MGR_STATE» «MGR_ZIPCODE» Dear Management: This letter is to inform you of a disorderly use violation of City Ordinance No. 2334-07 at your property located at «PROP_ADDRESS1» Apartment #«APT_NUM» involving «VIOLATORS». The «COMPLAINT» on «VIOLATION_DATE» was substantiated, and documented in case number «CASE_NUM» and is considered a violation of the above mentioned ordinance. Your tenant was identified as «RESIDENTS» and is/are responsible for the violation. Your responsibility at this time is to notify the tenant(s) on the lease of the violation and take steps to correct the behavior. If a second disorderly use violation occurs within a continuous 12 month period involving the same tenancy, you will receive notice of such. At that time you will be required to submit a written action plan within 10 days of the violation, detailing your efforts to correct the behavior to prevent further disorderly use violations. If you have questions, contact Community Outreach at (952) 924-2661 or see the City’s website at www.stlouispark.org. Sincerely, MICHAEL HARCEY, CHIEF OF POLICE ST. LOUIS PARK POLICE DEPARTMENT Officer Alex Draeger Community Outreach Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 12 St. Louis Park Police Department • 3015 Raleigh Ave. S., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2600 • Fax: 952.924.2676 • TTY: 952.924.2671 December 6, 2018 Notice of First Violation «OWN_FIRST_NAME» «OWN_LAST_NAME» «OWN_ADDR2» «OWN_ADDR1» «OWN_CITY», «OWN_STATE» «OWN_ZIPCODE» Dear Owner: This letter is to inform you of a disorderly use violation of City Ordinance No. 2334-07 at your property located at «PROP_ADDRESS1» Apartment #«APT_NUM» involving «VIOLATORS». The «COMPLAINT» on «VIOLATION_DATE» was substantiated, and documented in case number «CASE_NUM» and is considered a violation of the above mentioned ordinance. Your tenant was identified as «RESIDENTS» and is/are responsible for the violation. Your responsibility at this time is to notify the tenant(s) on the lease of the violation and take steps to correct the behavior. If a second disorderly use violation occurs within a continuous 12 month period involving the same tenancy, you will receive notice of such. At that time you will be required to submit a written action plan within 10 days of the violation, detailing your efforts to correct the behavior to prevent further disorderly use violations. If you have questions, contact Community Outreach at (952) 924-2661 or see the City’s website at www.stlouispark.org. Sincerely, MICHAEL HARCEY, CHIEF OF POLICE ST. LOUIS PARK POLICE DEPARTMENT Officer Alex Draeger Community Outreach Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 13 St. Louis Park Police Department • 3015 Raleigh Ave. S., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2600 • Fax: 952.924.2676 • TTY: 952.924.2671 December 6, 2018 Notice of Second Violation «MGR_FIRST_NAME» «MGR_LAST_NAME» «MGR_ADDR2» «MGR_ADDR1» «MGR_CITY», «MGR_STATE» «MGR_ZIPCODE» Dear Management: This letter is to inform you of a disorderly use violation of City Ordinance No. 2334-07 at your property located at «PROP_ADDRESS1» Apartment #«APT_NUM» involving «VIOLATORS». The «COMPLAINT» on «VIOLATION_DATE» was substantiated, and documented in case number «CASE_NUM» and is considered a violation of the above mentioned ordinance. Your tenant(s) was/were identified as «RESIDENTS» and is/are responsible for the violation. Your responsibility at this time is to notify the tenant(s) on the lease of the violation and take steps to correct the behavior. At this time we will need a written response from you within 10 days of receipt of this letter, per City Ordinance, of an action plan to prevent further disorderly use. A copy of an example action plan is attached for your use. If a third Disorderly Use violation (as determined by the St. Louis Park Police Department) occurs within a continuous 12 month period involving the same tenancy, the police department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant(s) within 10 days of the Notice of Disorderly Use violation of the Crime Free / Drug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. Please return the action plan provided within 10 days per City Ordinance. If you have any questions, please contact Community Outreach at (952) 924-2661 or visit www.stlouispark.org for more information on the ordinance. Sincerely, MICHAEL HARCEY, CHIEF OF POLICE ST. LOUIS PARK POLICE DEPARTMENT Officer Alex Draeger Community Outreach Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 14 St. Louis Park Police Department • 3015 Raleigh Ave. S., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2600 • Fax: 952.924.2676 • TTY: 952.924.2671 December 6, 2018 Notice of Second Violation «OWN_FIRST_NAME» «OWN_LAST_NAME» «OWN_ADDR2» «OWN_ADDR1» «OWN_CITY», «OWN_STATE» «OWN_ZIPCODE» Dear Owner: This letter is to inform you of a disorderly use violation of City Ordinance No. 2334-07 at your property located at «PROP_ADDRESS1» Apartment #«APT_NUM» involving «VIOLATORS». The «COMPLAINT» on «VIOLATION_DATE» was substantiated, and documented in case number «CASE_NUM» and is considered a violation of the above mentioned ordinance. Your tenant(s) was/were identified as «RESIDENTS» and is/are responsible for the violation. Your responsibility at this time is to notify the tenant(s) on the lease of the violation and take steps to correct the behavior. At this time we will need a written response from you within 10 days of receipt of this letter, per City Ordinance, of an action plan to prevent further disorderly use. A copy of an example action plan is attached for your use. If a third Disorderly Use violation (as determined by the St. Louis Park Police Department) occurs within a continuous 12 month period involving the same tenancy, the police department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant(s) within 10 days of the Notice of Disorderly Use violation of the Crime Free / Drug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. Please return the action plan provided within 10 days per City Ordinance. If you have any questions, please contact Community Outreach at (952) 924-2661 or visit www.stlouispark.org for more information on the ordinance. Sincerely, MICHAEL HARCEY, CHIEF OF POLICE ST. LOUIS PARK POLICE DEPARTMENT Officer Alex Draeger Community Outreach Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 15 St. Louis Park Police Department • 3015 Raleigh Ave. S., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2600 • Fax: 952.924.2676 • TTY: 952.924.2671 December 6, 2018 Notice of Third Violation «MGR_FIRST_NAME» «MGR_LAST_NAME» «MGR_ADDR2» «MGR_ADDR1» «MGR_CITY», «MGR_STATE» «MGR_ZIPCODE» Dear Management: This letter is to inform you of a third disorderly use violation on date of City Ordinance No. 2334- 07 at your property located at «PROP_ADDRESS1» Apartment #«APT_NUM» involving «VIOLATORS». The «COMPLAINT» on «VIOLATION_DATE» was substantiated, and documented in case number «CASE_NUM» and is considered a violation of the above mentioned ordinance. Your tenant(s) was/were identified as «RESIDENTS» and is/are responsible for the violation. Your responsibility at this time is to notify the tenant(s) of the violation and take steps to correct the behavior. This is the third disorderly use violation was determined to have occurred within a continuous 12 month period involving the same tenancy, the owner or property manager shall notify the tenant(s) within ten days of the Notice of Disorderly Use violation of the Crime Free/Drug Free Lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. The owner may appeal the Notice of Violation of the Subsection (c) Crime Free/Drug Free lease language or the Subsection (f) Notice of Disorderly Use Violation by making a written request to the City Manager for a hearing within ten (10) days of receipt of the Notice. An owner in violation of “Administrative License Violation Fee”, Ordinance Section 8-332, shall pay an administrative license violation fee of $750.00 for each calendar month that the owner fails to proceed with an action to terminate the tenancy after this notification. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises. We encourage you to visit the City of St. Louis Park’s website at www.stlouispark.org to find more information on the Crime Free Ordinance. If you have any questions, please contact Community Outreach at 952-924-2661. If you need a copy of a police report, please contact our Records Department at (952)924-2600. Sincerely, MICHAEL HARCEY, CHIEF OF POLICE ST. LOUIS PARK POLICE DEPARTMENT Officer Alex Draeger Community Outreach Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 16 St. Louis Park Police Department • 3015 Raleigh Ave. S., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2600 • Fax: 952.924.2676 • TTY: 952.924.2671 December 6, 2018 Notice of Third Violation «OWN_FIRST_NAME» «OWN_LAST_NAME» «OWN_ADDR2» «OWN_ADDR1» «OWN_CITY», «OWN_STATE» «OWN_ZIPCODE» Dear Owner: This letter is to inform you of a third disorderly use violation on date of City Ordinance No. 2334- 07 at your property located at «PROP_ADDRESS1» Apartment #«APT_NUM» involving «VIOLATORS». The «COMPLAINT» on «VIOLATION_DATE» was substantiated, and documented in case number «CASE_NUM» and is considered a violation of the above mentioned ordinance. Your tenant(s) was/were identified as «RESIDENTS» and is/are responsible for the violation. Your responsibility at this time is to notify the tenant(s) of the violation and take steps to correct the behavior. Since a third disorderly use violation was determined to have occurred within a continuous 12 month period involving the same tenancy, the owner or property manager shall notify the tenant(s) within ten days of the Notice of Disorderly Use violation of the Crime Free/Drug Free Lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. The owner may appeal the Notice of Violation of the Subsection (c) Crime Free/Drug Free lease language or the Subsection (f) Notice of Disorderly Use Violation by making a written request to the City Manager for a hearing within ten (10) days of receipt of the Notice. An owner in violation of “Administrative License Violation Fee”, Ordinance Section 8-332, shall pay an administrative license violation fee of $750.00 for each calendar month that the owner fails to proceed with an action to terminate the tenancy after this notification. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises. We encourage you to visit the City of St. Louis Park’s website at www.stlouispark.org to find more information on the Crime Free Ordinance. If you have any questions, please contact Community Outreach at 952-924-2661. If you need a copy of a police report, please contact our Records Department at (952)924-2600. Sincerely, MICHAEL HARCEY, CHIEF OF POLICE ST. LOUIS PARK POLICE DEPARTMENT Officer Alex Draeger Community Outreach Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 17 St. Louis Park Police Department • 3015 Raleigh Ave. S., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2600 • Fax: 952.924.2676 • TTY: 952.924.2671 December 6, 2018 «MGR_FIRST_NAME» «MGR_LAST_NAME» «MGR_ADDR2» «MGR_ADDR1» «MGR_CITY», «MGR_STATE» «MGR_ZIPCODE» Dear Management: This letter is to inform you of a violation of the crime free/drug free lease requirements on «VIOLATION_DATE», of City Ordinance No. 2334-07 at your property located at «PROP_ADDRESS1» Apartment #«APT_NUM» in St. Louis Park involving «VIOLATORS». The «COMPLAINT» on «VIOLATION_DATE» was substantiated, and documented in case number «CASE_NUM» and is considered a violation of the above mentioned ordinance. Your tenant(s) was/were identified as «RESIDENTS». Your tenant(s) is/are responsible for the violation. At this time, your responsibility is to move to immediately terminate the lease of all tenants at «PROP_ADDRESS1» Apartment #«APT_NUM». The violation of ordinance provisions “shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy.” Crime Free/Drug Free provisions can be found under section 8-331 of Ordinance 2334-07. The owner may appeal the Notice of Violation of the Subsection (c) Crime Free/Drug Free lease language or the Subsection (f) Notice of Disorderly Use Violation by making a written request to the City Manager for a hearing within ten (10) days of receipt of the Notice. An owner in violation of “Administrative License Violation Fee”, Ordinance Section 8-332, shall pay an administrative license violation fee of $750.00 for each calendar month that the owner fails to proceed with an action to terminate the tenancy after this notification. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises. We encourage you to visit the City of St. Louis Park’s website at www.stlouispark.org to find more information on the Crime Free Ordinance. If you have any questions, please contact Community Outreach at (952) 924-2661. If you need a copy of this police report, please contact our Records Department at (952) 924-2600. Sincerely, MICHAEL HARCEY, CHIEF OF POLICE ST. LOUIS PARK POLICE DEPARTMENT Officer Alex Draeger Community Outreach Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 18 St. Louis Park Police Department • 3015 Raleigh Ave. S., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2600 • Fax: 952.924.2676 • TTY: 952.924.2671 December 6, 2018 «OWN_FIRST_NAME» «OWN_LAST_NAME» «OWN_ADDR2» «OWN_ADDR1» «OWN_CITY», «OWN_STATE» «OWN_ZIPCODE» Dear Owner: This letter is to inform you of a violation of the crime free/drug free lease requirements on «VIOLATION_DATE», of City Ordinance No. 2334-07 at your property located at «PROP_ADDRESS1» Apartment #«APT_NUM» in St. Louis Park involving «VIOLATORS». The «COMPLAINT» on «VIOLATION_DATE» was substantiated, and documented in case number «CASE_NUM» and is considered a violation of the above mentioned ordinance. Your tenant(s) was/were identified as «RESIDENTS». Your tenant(s) is/are responsible for the violation. At this time, your responsibility is to move to immediately terminate the lease of all tenants at «PROP_ADDRESS1» Apartment #«APT_NUM». The violation of ordinance provisions “shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy.” Crime Free/Drug Free provisions can be found under section 8-331 of Ordinance 2334-07. The owner may appeal the Notice of Violation of the Subsection (c) Crime Free/Drug Free lease language or the Subsection (f) Notice of Disorderly Use Violation by making a written request to the City Manager for a hearing within ten (10) days of receipt of the Notice. An owner in violation of “Administrative License Violation Fee”, Ordinance Section 8-332, shall pay an administrative license violation fee of $750.00 for each calendar month that the owner fails to proceed with an action to terminate the tenancy after this notification. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises. We encourage you to visit the City of St. Louis Park’s website at www.stlouispark.org to find more information on the Crime Free Ordinance. If you have any questions, please contact Community Outreach at (952) 924-2661. If you need a copy of this police report, please contact our Records Department at (952) 924-2600. Sincerely, MICHAEL HARCEY, CHIEF OF POLICE ST. LOUIS PARK POLICE DEPARTMENT Officer Alex Draeger Community Outreach Study session meeting of December 10, 2018 (Item No. 3) Title: Crime free/drug free rental housing Page 19 Meeting: Study session Meeting date: December 10, 2018 Discussion item: 4 Executive summary Title: 2019 City Council Workshop Recommended action: No formal action requested. Staff will provide the council with an overview of the agenda for the upcoming annual workshop. Policy consideration: Is council in agreement with moving ahead as outlined in this staff report? Summary: The council’s workshop will be held Thursday, January 10 and Friday, January 11. The facilitator for this workshop, Kay Adams, has a strong background in organizational development and change management (bio attached). The two day workshop will focus on continuing to build a high performing council and developing the tools and skills necessary to ensure quality and inclusive core services continue to be delivered while at the same time successfully advancing the recently adopted strategic priorities of the council. Why is this the focus of the workshop? With all that is on the plate, the current systems in place to successfully accomplish the above are not sufficient. Council and staff need to set aside time to have deeper discussions on current and future priorities. This process will allow us to take time to reflect, discuss and further develop our skills, communication and processes that will help lead to sustainable, high quality and inclusive outcomes. Thursday: As in past, it is proposed that the Thursday session be time devoted to a brief check in on the Carver governance model, council strategic priorities including an overview of what is currently on our plate and future considerations. Thursday evening will also include relational learning and conversations on how we are doing as a council (council norms). Friday: Facilitator Kay Adam will lead the group on understanding systems thinking as it relates to current initiatives and long range planning. There will be deeper conversations on how systems thinking can help in setting expectations and considerations involved in the actual work we do as staff and council in order to gain the best outcomes. The discussions will include a SWOT analysis of our strengths, weakness, opportunities and threats. The group will focus on the big picture of all current initiatives, upcoming initiatives and maintaining a healthy balance of items on the plate moving forward. Department directors and several other key staff will be at this workshop. Strategic priority consideration: All 5 areas are important considerations for this workshop. Supporting documents: Discussion Council workshop draft agenda Bio for Kay Adam Prepared by: Nancy Deno, Maria Carrillo-Perez, Alicia Sojourner Approved by: Tom Harmening, City Manager Study session meeting of December 10, 2018 (Item No. 4) Page 2 Title: 2019 City Council Workshop Discussion Council is visionary and high performing, with many forward thinking expectations. We know there is a high number of current and future city initiatives in process and/or under consideration. To continue to be successful, it is important for the city council and staff to take time to reflect and understand a systematic and thoughtful approach in our continued journey. Over the last year in working with Alicia Sojourner, Racial Equity Manager, council and staff have identified areas to work on such as slowing down the decision making process to allow time for reflection and looking more widely at overall impacts. As we know, there are many moving pieces involved in setting future direction including policy considerations, budget and financial planning. We want to continue looking at future goals and initiatives also through the lens of racial equity and inclusion and climate action to continue to have a healthy community. Some of the areas of focus or consideration are: •5 strategic priorities •comprehensive plan •climate action plan •Vision •racial equity and inclusion •housing initiatives, programs and funding opportunities •transportation and SWLRT •RCV, outreach and education •Budget, long range financial planning, debt modeling •and making sure our core services, public safety, infrastructure, programs and other operations stay healthy With as many large initiatives happening, it is important to take some time to slow down and reflect on how our systems are currently working together and where we want to move to the future. Kay Adams, independent consultant will facilitate the workshop over the two days to make sure we will reflect what is on the plate and how to practice system thinking behaviors to assist us moving forward. Attached is the draft outline for the 2 day workshop. Study session meeting of December 10, 2018 (Item No. 4) Page 3 Title: 2019 City Council Workshop Council workshop draft agenda Thursday January 10, 4 – 9pm, location to be determined Attendees: Mayor, Council, City Manager, Deputy City Manager, Racial Equity Manager, Management Assistant. Facilitator Kay Adam, independent consultant. 1.4pm Check in and Welcome – facilitated by Mayor Spano 2.Carver Governance – brief overview and council conversation 3.What’s on our plate - review of current and future initiatives and considerations along with SWOT analysis information. 4.Relational Learning – Intercultural Conflict Style Inventory (ICS). The ICS is a cross- culturally validated assessment of an individual’s approach to communicating, resolving conflicts and solving problems. 5.How are we doing and council norms – facilitated by Kay Adam and Mayor Spano Adjourn by 9pm Friday January 11, 8:15am – 3:30pm, location to be determined Attendees: Mayor, Council, City Manager, Department Directors, Racial Equity Manager, Management Assistant, Chief Financial Officer, Communications & Marketing Manager. Facilitator Kay Adams, independent consultant. 1. 8:15am Check in and Welcome 2.Review of Thursday and set expectations for Friday 3.Introduction to the habits of a systems thinker a.Principles and behaviors – understanding systems thinking approach as it directly relates to the priorities along with future policy and program considerations. b.Hands on exercise on systems thinking as we discuss strategic planning and future. 4.A healthy balance – unpacking our internal capacity to practice system thinking behaviors a.Looking at the big picture b.Working together – tools to strengthen conversations and processes. c.Goal: maintain health – now and in the future years: 1 – 5 – 10 & beyond 4.Action steps moving forward Adjourn 3:30pm Study session meeting of December 10, 2018 (Item No. 4) Page 4 Title: 2019 City Council Workshop Meeting: Study session Meeting date: December 10, 2018 Discussion item: 5 Executive summary Title: 2018 National League of Cities Summit debrief Recommended action: Discuss the National League of Cities Summit that was attended by several city council members recently. Summary: The National League of Cities Summit was held in Los Angeles, California on November 7 – 10, 2018. Attending this year were St. Louis Park City Council Members Tim Brausen, Rachel Harris, Anne Mavity and Margaret Rog. At the request of city council, a review and debrief of the conference will be provided. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: None Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Meeting: Study session Meeting date: December 10, 2018 Written report: 6 Executive summary Title: Affordable housing programs Recommended action: No action at this time. The purpose of this report is to provide council with revised summaries outlining the program elements for the three affordable housing programs presented at the November 13, 2018 council study session. The three programs include the 4d affordable housing incentive program, the multi-family rental rehabilitation program and the first-time homeowners down-payment assistance program. Policy consideration: Does the council support the implementation of the three affordable housing programs as outlined in the program summaries effective January 1, 2019? Summary: At the November 13 council meeting staff reviewed three proposed housing programs that support the preservation and stabilization of NOAH properties and promote affordable homeownership opportunities in St. Louis Park. The three programs include: •4d affordable housing incentive program •Multi-family rental rehabilitation program •First-time homeowners down-payment assistance program Program elements have been revised to reflect council’s input and direction provided at the November 13 study session. Based on the consensus and direction of the council, implementation of the three programs listed above will be effective January 1, 2019. Financial or budget considerations: The housing rehab fund and affordable housing trust fund (once funding is available) are the proposed primary funding resources. Adequate funds are available in the housing rehab fund to support program expenses for 2019. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: 4d, rental rehab and affordable homeownership program summaries Prepared by: Michele Schnitker, CD Deputy Director and Housing Supervisor Reviewed by: Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager Study session Meeting of December 10, 2018 (Item No. 6) Page 2 Title: Affordable housing programs St. Louis Park 4d Affordable Housing Incentive Program: Program will enable owners of multi-family rental housing owners in St. Louis Park to utilize a state provision called 4d, also known as the Low Income Rental Classification (LIRC). The LIRC/4d statute defines eligible properties as those which meet two conditions: 1) the owner of the property agrees to rent and income restrictions (serving households at 60% AMI or below); and 2) the property receives “financial assistance” from federal, state or local government. This allows the city to create a “Local 4d” program in which qualifying properties receive the 4d tax break in return for agreeing to conditions which meet the city’s housing policy goals. Participating owners must sign a commitment to keep at least 20% of units in their building affordable for 10 years. Owners participating in this program must also agree to limit future rent increases to 5% or less annually for existing residents in affordable units. Program benefits: Qualified building owners that agree to keep at least 20% of the units affordable at or below 60% area median rents and incomes for ten years will receive: •40% property tax reduction on qualifying units (4d property tax classification) •Payment of first year application fee to the State of Minnesota for certification of the 4d property tax classification ($10/unit) •Free energy efficiency and healthy homes audits •Utility rebates and city grants offered to each 4d property in the amount of $200 per affordable unit, capped at $6,000/ per property for the cost of energy efficiency and healthy homes improvements as identified in the free audit or other property improvements as approved by the city •Reduced maintenance costs and renter turnover Eligibility guidelines: Owners of market-rate multifamily properties must meet the following criteria: •Buildings with at least 3 rental units, licensed properties in good standing with no code compliance issues •At least 20% of the rental units in a building must be occupied by and affordable to households whose income is at or below 60% of the Area Median Income. •Existing tenants in units that have program compliant rents do not need to be income qualified •Income qualification is determined upon initial occupancy for new tenants. Thereafter, increased incomes of tenants in affordable units will not violate the program requirements. •Buildings can include units with owner occupants, but only rental units are eligible for 4d tax status •Property Owners will select the percentage of their building to restrict, with a minimum of 20%. If they select more than 20%, after 5 years and upon request, the City will approve a reduction of the percentage of restricted units to the minimum level of 20% of the units per building •City will draft and record a declaration against the property that limits the rents and incomes on the qualified units for 10 years (a recorded document is required for 4d tax classification status) •Deadline for annual application to the state of MN for tax payable in following year is March 31. Deadline for submitting applications to the city to participate in the program is February 22 Study session Meeting of December 10, 2018 (Item No. 6) Page 3 Title: Affordable housing programs Multi-family rental rehabilitation loan: Proposed program would provide moderate rehabilitation assistance to eligible owners/landlords of St. Louis Park occupied multi-family residential rental properties with 3 or more units desiring to make property improvements. The targeted properties are naturally occurring affordable housing that have been maintained, are licensed, no license revocations and are in good standing. Eligible Properties: •Rental properties with 3 or more units located in St. Louis Park •Licensed rental properties no rental housing license revocations and are in good standing •Buildings must be at least 30 years old •Properties must meet the St. Louis Park definition of a NOAH property (at least 18% of units with rents affordable to households with incomes at or below 60% AMI) •Property has current property insurance •Property taxes, liens and other assessments are current •No displacement of current residents related to rehabilitation of the property •The combined loan-to-value ratio of all loans secured by the property must not exceed 110% of the property value •Must be current on mortgage/contract for deed payments and property taxes •Be willing to restrict rents for a 10 year term or until the sale or transfer of the ownership of the property Maximum Award: •Maximum loan amount per qualified rent restricted unit = $5,000 •Maximum loan amount per building/development = $50,000 •Minimum loan amount $5,000 Term: •Loan is deferred with 0% interest •Loan principal is due and payable at the time when the property is sold, refinanced or the ownership of the property is transferred •Loan must be matched on a 1:1 basis by other funds •Loan must be used in qualified rent restricted units or in interior or exterior building common spaces •Rents of the assisted units must be affordable to households with incomes at or below 60% AMI for the entirety of the 10 year term period of loan •Annual rent increase for the assisted units may not exceed 5% of the previous rent charged each year, not to exceed 60% AMI affordable rent levels •Property owners must file an annual self-certification that rents charged for the assisted units do not exceed the 60% AMI affordability level •Properties must agree to give equal consideration to renting to tenants with housing subsidy vouchers Study session Meeting of December 10, 2018 (Item No. 6) Page 4 Title: Affordable housing programs First time homeowners down payment assistance program: The program provides down payment and closing cost assistance loans to first-time homebuyers (or have not owned a home in the least three years) to assist in purchasing a home in St. Louis Park. Employees of St. Louis Park businesses would be eligible for an additional loan amount to encourage them to live where they work. Loan amount: The maximum loan amount is $15,000, not to exceed 5% of the purchase price. Additional Live where you work loan amount: An additional $5,000 to employees of St. Louis Park businesses. Interest rate and loan terms: 0% interest 20 year deferred loan. 100% of the loan amount is due if the property is sold, ownership is transferred, or no longer owner-occupied during the term of the loan. Loan is forgiven after 20 years. Loan security: All loans will be secured by a mortgage in favor of the City of St. Louis Park. Loan costs: Application fee, filing fees, title policy, wire transfer fee and credit report will be paid by the borrower(s). Eligible use of funds: the loan funds can be used for down payment and closing costs. The borrower cannot receive any portion of these funds as cash. Property eligibility: Purchase price cannot exceed MHFA first time home buyer limit (currently $328,200) and may be used for single-family detached houses, townhomes, or condos. The first mortgage must be a fixed-rate mortgage loan and not be subject to a balloon payment. Properties may not be within the flood plain as identified by FEMA. Borrower eligibility: •First-time homebuyer status: applicant(s) must be a first-time homebuyer (a person that has not owned a home within the last three years) •Standard underwriting criteria apply, including review of a credit report. •Minimum contribution: there must be a minimum contribution of $3,000 paid by or on behalf of the borrower. There is no minimum contribution for veterans. Acceptable sources of the minimum contribution include: earnest money, buyer funds brought to closing and seller paid closing costs. Buyer funds that result from a gift must be accompanied by a gift letter documenting the source as a relative. In no case shall proceeds from a loan or other debt instruments be allowed to meet this minimum contribution criterion. •Education: all applicants must attend a Home Stretch workshop or other valid homebuyers course offered through an approved counseling agency by the US Department of Housing and Urban Development, as evidenced by an acceptable completion certificate. •Income limit: The total gross annual borrower income for families with 1-4 family members cannot exceed 120% AMI based on a family of four. Income limits for families larger than four must not exceed 120% AMI based on family size. Adjusted gross income from most recent tax return is used to determine income eligibility. Meeting: Study session Meeting date: December 10, 2018 Written report: 7 Executive summary Title: TwinWest Business Retention and Expansion Program Partnership Recommended action: None; for information only. Policy consideration: Does the council support a partnership with the TwinWest Chamber to further business retention and expansion in the city? Summary: In an effort to facilitate retention and growth of existing businesses, to create an environment that is encouraging to entrepreneurs that seek to start new businesses, and to break down barriers and welcome new investments from outside of the community, staff is proposing to partner with the TwinWest Chamber to maximize the resources of the two organizations to bring focus and direction to local business development efforts. Through this partnership, the Chamber and the city will work collaboratively to build a comprehensive business expansion and retention program that will include coordinated in-person business visits, identifying strategic growth areas, and addressing businesses challenges and obstacles. These visits will also provide a platform to educate businesses about the city’s climate action plan and aid in development of resources, programs and incentives to encourage businesses reduction in energy consumption. Financial or budget considerations: The contract provides for funding to TwinWest in the amount of $25,000 for a one-year period beginning January 1, 2019. Funds have been allocated in the 2019 Development Fund. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. St. Louis Park is committed to continue to lead in environmental stewardship. St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. Supporting documents: None Prepared by: Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager