(1) Police or fire calls. Licensed multiple dwellings that have generated an average of over 0.5 police or fire calls per dwelling unit in a preceding six month period as specified in this section shall be eligible only for a provisional license.
(a) Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events:
1. Calls or events listed in division (1)(a)2. and (1)(a)3. below and § 1009.49(1);
2. Calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson;
3. Calls or events categorized by the Public Safety Department: miscellaneous juvenile status crimes, liquor offenses or curfew violations; disturbing the peace or harassing communications; property damage; criminal damage to property or trespass; domestic incidents; fire alarms; public disturbance or disorderly conduct; loud party or noise complaints; disorderly juveniles; assault in the fifth degree or non-domestic related assaults. The Director of Public Safety shall maintain for public inspection a description of the coding system and a list of the codes and crimes included within each of these categories of calls or events; and
4. The Director of Public Safety may determine that multiple incidents shall be counted as a single call in appropriate cases.
(b) Calls will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act, M.S. § 518B.01, Subd. 2(b), as it may be amended from time to time and where there is a report of "domestic abuse" as defined in the Domestic Abuse Act, M.S. § 518B.01, Subd. 2(a), as it may be amended from time to time.
(c) The period of time used to determine whether a provisional license is required is the six- month period ending two months before the commencement of the license term, either December 31 or June 30.
(d) The City will provide by mail to each licensee a monthly report of calls described in division (1)(a)2. and (1)(a)3. above and § 1009.49(1).
(2) Resident manager. Provisional licenses shall only be issued for facilities that have a manager or managers certified in accordance with § 1009.48. Managers must be resident managers or on site managers who are on site or available 24 hours a day.
(3) Mitigation plan. The applicant for a provisional license must submit a mitigation plan for the license period for review to the City Council. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in division (1) above to a level that qualifies for a regular license. The mitigation plan may include steps such as:
(a) Changes in tenant screening procedures; and
(b) Changes in lease terms, security measures, rules and regulations for tenant conduct and security personnel.
(4) Decision of City Council. The application and a proposed mitigation plan will be presented to the City Council together with a disposition recommendation by the City Administrator. After giving the applicant an opportunity to be heard and present evidence, the City Council shall approve, disapprove or approve with conditions the application and the mitigation plan. If the City Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing.
(5) Monthly reports. The licensee shall comply with the approved mitigation plan. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the city a written report describing all steps taken in furtherance of the mitigation plan during the preceding month.