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02/12/2001 CONF MTG - 4746� L CffY OF FRIDLEY CITY COUNCIL CONFERENCE MEETING February 12, 2001 - 6:00 p.m. Fridlep Municipal Center Conference Room A (Upper Level) 1. (6.•00 b.m.) Meeting with School District 14 School Board. 2. (�•oo ,n.m.) Presentation by Cecil Bedor on the Metropolitan Council's Family Affordable Housing Program. 3. Trespassing Ordinance. 4. 2001 Council/Commission Survey. 5. Other Business. Adjourn. � ` CITY OF FRIDLEY MEMORANDIIM TO: The Honorable Mayor and City Council t FROM: William W. Burns, City Manager ,�,��' DATE: SUBJECT: February 9, 2001 Visit from Cecile Bedor, Associate Director of Special Projects, Metropolitan Council William W. Burns City Manager Cecile Bedor from the Metropolitan Council will be visiting with you on Monday night at about 7;00 p.m. to discuss the Metropolitan Council's efforts to locate about 50 units of affordable, family housing in the suburbs. She will ask Fridley to take 20 of those units. These are units that will be funded with federal funds made available under the Holman consent decree. While 30% of the units would be leased based on local demand, the other 70% of the units will be made available to Minneapolis families whose homes have been demolishecl (I believe as the result of Highway 55 reconstruction in Minneapolis). Under this program, the Metropolitan Council would purchase single family homes, town homes or duplexes with the intention of renting them to families that need affordable housing. They would contract out the management and maintenance of these homes to a property management firm. As I mentioned in my report last week, you would be involved in considering whether or not to take these properties off the property tax rolls. In the event that you choose to do this, the Metropolitan Council would be required to make payments in lieu of taxes (PILOT). This is your only point of controL There are a few other things you should consider as you talk to Cecile. First, I do not think you have any obligation to take 20 units. You may want to take 5 units or some number based on Fridley's percentage of the suburban metro population. Second, Cecile has been asked to address the consequences of our cooperation or non-cooperation. How will cooperation help us? How.will not cooperating hurt us? Third, I think it is important to give this issue a lot of publicity up front. We could do a cable show and/or a newsletter article. Whatever we do, the time to do it is before you make your decision. Once the PILOT has been accepted, Met Council has free reign to buy the homes and begin renting without any neighborhood meetings or any further public hearings. Their preference seems to be that they do everything as quietly as possible. I do not think that is in our best interests. They need to be on the hook up front. That's my story. Metropolitan Council Improue regionai competiti�eness in a giobal economy FANiILY AFFORDABLE HOUSING PROGRANI FACTSHEET What is the Family AJfordable Housin� Program? _ The Metropolitan Council's Family Affordable Housing Program (FAHP) is an affordable family rental housing program. This is one tool suburban cities can utilize to help address the critical and escalating need for more affordable housing units. Where will the FAHP be implemented? The Council hopes to initially partner with five to six suburban municipalities via Cooperation Agreements. How many units will the Counci! acquire? The Council will initially acquire approximately 50 units. To provide for possible additional acquisition, the Council will seek approval to acquire up to 20 units in each municipality. What types of units will the Council acquire? The Council will focus its acquisition efforts on single family homes, town homes, condominiums, and duplexes. In some cases the Council may elect to buy residential structures containing up to eight units. Unit sizes will range from two to five bedrooms. � How will the FAHP be implemented? In order to avoid the unnecessary relocation of city families, the Council will acquire residential properties for sale by their owner-occupants, The Council has engaged a real estate professional to assist in the identification of potential properties. The Council has established "Unit Location Criteria" (Attachment A) to serve as-a guide to the Council's acquisition efforts. In addition, the Council will not buy properties in census tracks that aze "impacted" by race or povertyl. � Once a Cooperation Agreement has been executed, the Council will work with municipal staff to identify appropriate areas in which to focus acquisition efforts. The Council wants to coordinate its efforts with city activities to ensure, for example, that it does not acquire properties a city plans to acquire for redevelopment purposes. Who will own the FAHP units? The Council will be responsible for and directly own all FAHP units. � Census tracks may not have a poverty population of 12.2% or more, nor may they have minority population greater that 28.68%. 'Il�e Council will idenrify, and subsequently notify municipalities, of any ineligible census tracks. Family Affordable Housing Program Fact Sheet 1 November 2000 Page 1 of 3 Who wil! manaRe the FAHP units? The Council will retain a professional property management company to provide day to day property management services. Additionally, Council staff will provide professional asset management to ensure all units are managed and maintained according to Council standards and are long-term community and neighborhood assets. What are the Council's property management standards?2 In addition to providing quality affordable rental housing, the Council wants to ensure that its housing is a strong asset to communities. It is our goal that neighbors and other community members cannot ascertain by either the maintenance of the housing, nor the behavior of ` residents, that the home is affordable rental housing. Rather, we plan to ensure that it is another spoke in the wheel of quality stable housing that helps provide a quality, stable community. We will be responsive and responsible to our residents and communities in ensuring that this goal is continually realized. Who will live in the FAHP Units? Up to 30% of all FAHP units in each municipality may be leased based upon local preferences. To that end the Council will notify families on the Council's Section 8 waiting list by municipality. These units aze designated "Incentive Units". Since the acquisition and operation of the FAHP units will be funded by federal funds made available under the Hollman consent decree, 70°/a of the units will be made available to Minneapolis families whose rental units were demolished under the consent decree or otherwise are affected by the consent decree. If the Council is not able to lease available FAHP units to Minneapolis families within 30 days, the Council may lease FAHP units to eligible families living in the local city. What are the Council's resident selection criteria? It is the Council's goal to provide quality, stable, secure homes for families in the region. To that end, it is imperative that resident selection criteria be applied that provides residents with ample opportunities to succeed and be stable, positive members of residential communities. A draft summary of the Council's Selection Criteria is attached (Attachment B). � Will support services be provided to residents? The Council currently operates a Family Self-Sufficiency Program that will be made available to FAHP residents as well. We aze currently enhancing our program further by implementing welfare-to-work initiatives, and building collaborative partnerships with TANF and job placement providers. Z All housing will be operated and maintained according to the Couacil's Low Rent Public Housing Policies & Procedures. Family Affordable Housing Program Fact Sheet 1 Novtmber 2000 Page 2 of 3 Will property taxes be paid on Council�-owned property? State law exempts public housing units from all real and personal property taxes of cities, counties and the state. Rather, the Council is required to pay PILOT, Payment in Lieu of Taxes. PILOT payments generally equal five percent of gross rental income for a property. Payments are made annually to the county in which the property is located. The county is then responsible for distributing that payment to the various taxing authorities. Why should cities participate in the FAHP? The entire Minneapolis-Saint Paul metropolitan area has a documented shortage of affordable housing. Participation in the Council's Family Affordable Housing Program is an opportunity ` for your city to obtain on a long-term basis quality, well-managed affordable rental housing. Family Affordable Housing Program Fact Sheet 1 November 2000 Page 3 of 3 Attachment A Metropolitaa Council Improue regional compefitiueness in a giobai economy Family Affordable Housing Program (FAHP) Unit Location Criteria Units being acquired by the Metropolitan Council for the FAHP will adhere to the following location criteria as a general guide for development. These criteria are established to focus efforts of the Metropolitan Council staff and its agents in placing the FAHP units in participating communities within Anoka, Hennepin, and Ramsey counties. 1) All units created under the FAHP will be located outside of Minority and Poverty Concentrated Areas as prescribed in the Hollman Consent Decree, unless specifically agreed upon by all parties to the Consent Decree. 2) To the extent practicable, FAHP units will be located within '/4 mile of public transportation opportunities and/or in communities with local public transportation services. These opportunities may consist of bus stops or routes, local dial-a-ride programs, transit hubs, LRT stations, or other public transportation programs as may be provided by the local or regional j urisdiction. 3) To the extent practicable, FAHP units will be located near educational opportunities for children. These opportunities may include public or private elementary, middle or senior high schools, preschools, or other specialized learning centers that may benefit residents of the units. When possible, units should be located within walking distance of educational facilities. 4) To the extent practicable, FAHP units will be located within walking distance of daycare facilities, including commercial or licensed home daycare providers. - 5) To the extent practicable, FAHP units will be located in communities experiencing entry- level job growth and to the extent possible neaz employment opportunities for residents. 6) To the extent practicable, FAHP units will be located within %z mile of neighborhood services such as grocery or convenience stores. 7) To the extent practicable, FAHP units will be located within two miles of regional shopping and services, including grocery, banking, medical, dental, clothing and other services. S) To the extent practicable, FAHP units will be located neaz social service centers and job training centers. 9) To the extent practicable, FAHP units will be located near recreational facilities such as parks, trail ways, bike paths, ball fields, tennis courts, community centers, playgrounds, ice rinks, etc. Attachment B Metropolitan Council Improue regional compettiiueness tn a givbal economy FAMILY AFFORDABLE HOUSING PROGRAM Summary of Basis for Admission Denial (The contents of this document are subject to review and approval by the Metropolitan Council and U.S. Deparnnent of Housing & Urban Development.) � record of any of the following may be sufficient cause for the Council to deny admission: 1. Failure to pay rightful financial obligations, including rent and utilities. 2. Unpaid rent or other amounts owed to the Council or to another PHA in connection with Public Housing or Section 8 Programs. 3. Inability to comply with the Council's lease without supportive services from Council staff that would require an alteration in the fundamental nature of the Famiiy Affordable Housing Program; 4. Disturbance of other residents, neighbors, or property management company staff; 5. History, or current violation, of the terms and conditions of any lease or occupancy agreement. 6. Destruction of property, or living or housekeeping habits at prior residences that may adversely affect the health, safety or welfare of other residents or neighbors; 7. A history of, or current record of, criminal or other activity involving physical violence to persons or property by the applicant or any member of the applicanYs household, or a history of other criminal acts, conduct or behavior by the applicant or any member of the applicant's household which would adversely affect the health, safety or welfare of other residents, neighbors, Council employees, or property management agent employees; 8. A history of, or current record of, drug-related criminal activity by the applicant, any member of the applicant's household, or a guest or other person under the applicant's control. 9. Illegal use or pattern of use of a drug or controlled substance, or abuse or pattern of abuse of alcohol which the Council determines may interfere with the health, safety or the right to peaceful enjoyment of the premises or adjacent premises by neighbors, Council or property management agent staff; 10. Any conviction for manufacturing or producing methamphetamine (speed) shall be cause for lifetime denial; 11. Lifetime registration under a state sex offender registration program shall be cause for a lifetime denial; FAMILY AFFORDABLE HOUSING PROGRAM Page 1 of 2 Summary of Basis for Admission Denial 1 Novembtr 2000 Draft 12. Fraud in connection with any Federal housing assistance program; 13. Eviction from housing or termination from residential programs (taking into account the date and circumstances); 14. Eviction &om assisted housing within three years of the time the application is being processed for any drug related criminal activity involving personal use or possession; 15. Eviction from assisted housing within five yeazs of the time the application is being processed for any drug related criminal activity involving the illegal manufacture, sale, distribution or possession - with intent to manufacture, sell, distribute a controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802; 16. Any misrepresentation relevant to the application process discovered at any time prior to after signing the lease; " 17. Failure to cooperate with the Council or its management agent in completing the application process; 18. Failure to provide written accurate, cunent, objective and verifiable information regarding rental history, income, assets, family composition, childcare, drug or alcohol abuse, illegal drug use, or criminal activity; 19. Failure to supply requested documents as required to complete the application process; 2�. Threatening, abusive or violent conduct towards a Council employee, management agent employee, other applicant, resident or neighbor. Except for items 10 and 11 above, an arrest or conviction is not required to deny admission. � FAMILY AFFORDABLE HOUSING PROGRAM Page 2 of 2 Summary of Basis for Admission Denial 1 November 2000 Drsft Attachment B Metropolitan Council Improue regiona! competttu�eness in a global ernnomy FAMILY AFFORDABLE HOUSING PROGRAM General Summary of Resident Selection Criteria (The contents of this document are subject to review and approval by the Metropolitan Council and the U.S. Department of Housing & Urban Development.) Goals The goals of the resident selection criteria detailed below are as follows: >_ provide quality, stable, secure homes for families in the region > provide an opportunity for families with low-incomes to enhance their positive rental history i ensure residents of Council-owned housing are stable, positive members of residential communities ➢ ensure Council-owned property is an asset to all communities by operating such housing in a responsible and responsive manner. Criteria Generally, the history of an applicant's conduct must demonstrate capability of compliance with the terms of the Council's lease. A. Rental History Applicants must have the following to be considered for admission: ➢ positive rental history of at least 12 consecutive months within the previous two years � history of timely, full payment of rents ➢ history of cooperation with management and other residents ➢ history of abiding by all other lease terms r history of no property damage B. Criminal History Applicants must have no history of the following, subject to the Council's Basis for Admission Denial: ➢ criminal record of drug-related activity ➢ criminal record related to physical violence to persons or destruction of property ➢ criminal record that would adversely affect the health, safety or welfare of other residents and/or neighbors C. Income ➢ At least 40% of families admitted during the Council's fiscal year must have incomes that do not exceed 30% of area median income. ➢ The balance of residents admitted during the Council's fiscal year must have incomes that do not exceed 80% of inedian income. If the Council receives unfavorable information about an applicant, the Council will consider the time, nature, and extent of the applicant's conduct and factors that might indicate a reasonable probability of favorable future conduct or financial prospects. Background Checks In order to achieve the goals set out above, the Council wilL• ➢ Confirm sources of income ➢ Confirm rental history by contacting previous landlords and obtaining unlawful detainer reports ➢ Order credit reports to identify other previous addresses and subsequently contacting other idenrified landlords, if any ➢ Order criminal background checks to review criminal history of applicants and/or household members � ,, � � QI7 OF FRIDLEY William W. Burns M E M O R A N D ll M City Manager TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �� � DATE: SUBJECT: February 9, 2001 Trespassing Ordinance The attached materials from Dave Sallman describe a request for amendment to the City's trespassing ordinance. Dave Sallman and Skip Standal will be at the conference meeting on Monday night to respond to any questions you may have. Our plan is to put it on the February 26 agenda. In the event that you feel you do not need to discuss this matter during the conference meeting, please let me know. Thanks. Attachment Bums, Bili From: Sent: To: Cc: Subject: Saliman, Dave Monday, November 20, 2000 11:13 AM Bums, Bill Standal, Roger FW: Trespass Ordinance Attached is some information relative to a proposed tresspassing on rental property ordinance. Carl Newquist has reviewed it and is OK with it. Often times there are "guests" at apt. buildings who are disruptive. They are not on the lease and yet are able to get residence status by staying with someone. In some cases they actually will take over an apt. in order to sell drugs, etc. The regular trespass law doesn't deal with the issue because the renter can have guests and even if the renter doesn't want the person, they have no authority over common areas. Sometimes the problem is a former tennant that has been evicted and keeps retuming to the property creating the same problem that they were evicted for, or they get evicted and come back and move in with another tennant. This ordinance is intended to deal with some of the loopholes in the State law. It would be our intent to present this to the Council in January or February. This ordinance has been requested through the Rental Housing Coalition. Let me know if you need more info. ----Orfginal Message---- From: Standal, Roge�' ��: Monday, November 20, 200010:04 AM To: Sallman. Dave Subject: FW: Trespass Ordinance —Orlginal Message-- From: Lenzmeier, GarY Sent Monday, Nauember 20, 200010:01 AM To: Standal, Roger 3ubject: FW: Trespass Ordinance You will need to discuss this with Dave. I have printed the ordinances. __-Origlnal Message----- From: Sko9en, Deb ��: Monday, November 20, 2000 9:43 AM To: ���', �Y Subject: Trespass OrdinarKe I contacted the City of Coon Rapids to see if I could get electronic copies, but I couldn't. So I went ahead and prepared the following ordinance and forms for your department. 1 have conta�ted City Attomey Knaak to help in assigning the appropriate Chapter Number for the City Code. When that infvrmation is received, I will reformat the ordinance and forms for you. If you want to start exploring the idea with Dave Sallman and Bill Bums before it is brought to the Council, t would think that is how w�e vwuld proceed. I'm not sure whether or not it would require a public hearing and will research that information. In the meantime, here are the appropriate files for your neference: �� � � 7�s� TRESPASS ADDENDUM TO Ordinance.doc NO710E.doc LEASE Trespass.doc... �� •� i � ORDINANCE NO. AN ORDINANCE ADDING LANGUAGE PERTAINING TO TRESPASSING TO T'HE CITY CODE OF THE CITY OF FRIDLEY,I��INNESOTA The city of Fridley hereby ordains that the following language be added to the Fridley City Code: Section 1 Purpose. The purpose of this chapter is to allow an owner of real property to which the public has some implicit right of access to exclude a person from that property if the person has committed a crime on the property or has violated the properly posted or otherwise provided rules of conduct for the property. Section 2 Definitions. For the purposes of this chapter, the following words and terms shall have the f�llowing meanings, unless the conte�ct cleazly indicates otherwise: 1. Covered Premises. Any improved real property, or portion thereof, within the City of Fridley, to which the public has an implicit right of access, including, but not limited to, places of worship, shopping malls, retail sales facilities, hotels, motel, nursing homes, restaurants, muhiple dwellings, hospitals, medical and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations, athletic and recreational facilities, personal service establishments, theaters, and day care facilities. 2. Tenant. Any authorized occupant of a covered premises, or the agent thereof, but excluding an occupant of a domestic use, such as a renter of lessee of a dwelling or apartment, resident in a nursing home, or a hotel or motel guest. 3. Property Manager. Any owner of a covered premises, or the agent of the owner or any tenant who is authorized by the owner to exercise control over the covered premises, including its public common areas. 4. Public Common Areas. All areas of the covered premises, other than private common areas, maintained for the common use of its tenants or of the general public incidental to normal and legitimate activities upon the covered premises, including, but not limited to: the curtilage; parking lots and ramps; private roadways, sidewalks, and walkways; recreational facilities; reception azeas; rotundas; waiting azeas; hallways; restroom facilities; elevators; escalators; and staircases. 5. Private Common Areas. Other common areas within the covered premises normally within the exclusive control of a tenant but subject to reasonable regulation by the property manager, including, but not limited to, sales floors, store restroom facilities accessible to customers or clients, checkout lanes, and customer service azeas. 6. Private Areas. Areas within the covered premises not normally accessible to members of the public without explicit permission of the person in direct control of the area, including, but not limited to, individual apartment units, employee rest areas and facilities, banquet halls, meeting rooms, and private offices. Ordinance No. Page 2 7. Trespass Notice. A written notice that conta.ins minimally the following information: A. Verbatim copies of Sections and of this Chapter. B. The name, date of birth, and address of the person to whom the notice is issued and the name of the person's custodial parent or guardian if the person is a juvenile. C. A description of the specific conduct tha.t forms the basis for the issuance of the notice. D. A description of the specific covered premises or portion thereof to which the notice applies. E. The period during which the notice is in effect, including the da.te of its expiration. F. The name, title, address, and telephone number of a person with authority to modify, amend, or rescind the notice. G. The method by which the notice was served upon the person to whom it was issued. Section 3 Issuance of Trespass Notice. A property manager or tenant may issue a trespass notice to a person only if there is probably cause to believe the person has, no more than thirty (30) days before the issuance of that notice: Committed an act pmhibited by State statute or City ordinance while on the covered premises; or 2. Violated any rule of conduct for the covered premises that has been conspicuously posted at all public entrances to the covered premises or that the property manager or tenant has provided to the person in writing. Section 4 Coverage of Trespass Notice. If issued by a property manager, a trespass notice is effective only as to those public common areas and private areas within the property manager's exclusive control, except that a trespass notice may also cover private common areas and other private areas provided the tenant or tenants in control of such azeas have agreed in writing to be - precluded from inviting onto the premises any person to whom a trespass notice has been issued under this Chapter. Such a trespass notice must state that the tenant or tenants of the covered premises are precluded from inviting onto the covered premises any person to whom a trespass notice has been issued under this Chapter. 2. If issued by a tenant, the trespass notice is effective only as to those private common areas and private areas over which the tenant has controL 3. A notice broader in coverage than authorized by this Section shall not be invalid, but shall be valid to the e�ent authorized by this Section. Section 5 Prohibited Conduct. 1. No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved. Ordinance No> Page 3 2. No person served with a trespass notice in conformity with this Chapter shall enter in or upon the premises described therein during its effective period without the written pernussion of the notice issuer, agent, or assign. 3. No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting of restricting access thereto, including, but not limited to, the following: " Trespassing", "Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only". Section 6 Violations. Any person violating any of the provisions of this Chapter is guilty of a misdemeanor. Section 7 Additiona.l Provisions. 1. No trespass notice shall be effective for more than one year. 2. All trespass notices issued pursuant to this Chapter must be propertly served upon the person named therein as follows: A. Personal service documented by either a receipt signed by the person to whom it was issued or an affidavit of the issuer; or B. If the person is arrested or detained by a poIice officer, the officer may personally serve the notice on behalf of the property manager or tenant and document service in the officer's official police report detailing the incident. Section 8 Severability. If any section or portion of any section of this Chapter is deemed invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other sections or portions of sections of this Chapter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2000. Nancy J. Jorgenson, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing First Reading Second Reading TO: Name: Address TRESPASS NOTICE AUTHORIZED BY FRIDLEY CITY CODE CHAPTER _ Date of Birth: (Printed name of parendguardian if person is under 18) Specific conduct that forms basis for notice (include time, place, and circumstances): Date of conduct: You are prohibited from entering the following premises, including all grounds, outbuildings, parking areas, drives, and sidewalks thereto (premises address): ❑(./ if applies) This notice includes areas undec control of tenants. THE TENANTS OF THE PREMISES ARE � PRECLUDED FROM INVITING ONTO THE PREMISES ANY PERSON TO WEIOM A TRESPASS NOTICE HAS BEEN ISSLTED. This notice is in effect and expires at 12:01 a.m. on Date: Date: (must be within 30 days of the date of conduct) (up to one year from effective date) Person to contact with respect to modifying, amending, or rescinding this notice: Name: _ Title: Address: Phone Number: (if not served by police officer) I verify that I personally handed a copy of this notice to the above person on the above date (specify if different ). (Print and sign name) (At least one of the following must be completed:) ❑ Subscribed to and swom before this day of , 2000, (Notary Seal) (Notary Public O I acknowledge receipt of this notice (Signature is voluntary; parendguardian should also sign if person is under 18) ar ❑ Served by Police O�cer Badge No. Icr (May be served by police only authority of property manager or tenant.) FRIDLEY CITY CODE PROVIDES: SecNon 5. Prohibited Conduc� 1. No person all trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved. 2. No person served with a trespass notice in conformity with this Chapter shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent or assign. 3. No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting or restricting access thereto, including, but not limited to, the following: "No Trespassing", "Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only". Section 6. Violations. Any person violated any of the provisions of this Chapter is guilty of a misdemeanor. ADDENDUM TO LEASE Regarding Persons Trespassed from the Property Resident agrees not to invite or allow anyone into their apartment, home, or onto the common property, who has been issued a Trespass Notice by the property manager of this property. I UNDERSTAND THAT TO DO SO WII.,L BE CONSIDERED A MATERIAL VIOLATION OF TI� LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. This is addendum is agreed to pursuant to Fridley City Code Management Resident Resident Resident Date Date Date Date Resident(s) acknowledge receipt of this addendum by signature of this document.