Loading...
HomeMy WebLinkAbout2023.11.21 HCMMINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION NOVEMBER 21, 2023 CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chair Enger at 7:01 p.m. MEETINGATTENDEES Chair Gretchen Enger Vice Chair Michael Donnelly (excused) Commissioner Lori Best-Deyoe Commissioner Laura Freund Commissioner Jerry Gayflor (absent) Commissioner Elizabeth Riel Commissioner Florence Williams (absent) City Staff present: Xiong Thao Housing Supervisor and Associate Planner Krystin Eldridge. Also present: None. APPROVAL OFAGENDA (0:20) There was a motion by Commissioner Enger to approve the agenda as submitted. Associate Planner Krystin Eldridge offered a friendly amendment to the agenda to add two items under Other Business. (1:15) The motion was seconded by Commissioner Freund to approve the agenda as amended. The motion passed. APPROVAL OFMINUTES (1:40) There was a motion by Commissioner Best Defoe and seconded by Freund to approve the October 17, 2023 Housing Commission meeting minutes as submitted. The motion passed. REVIEW REPEAT TYPE 4 LICENSE (2:15) Thao explained the City of Brooklyn Center has had a rental licensing program since the 1970s. In 2010 the City Council adopted modifications to the Ordinance which created a four -tier performance -based system. Then in 2018, the program was modified. Each Category had an increase in one violation to allow for more properties to qualify for a higher license. Monthly updates and ARM Meeting requirements were removed. Thao noted the Rental Ordinance covers rental license requirement and license renewal, rental license types and length, requirements for each license type, license suspension and revocation 11/21/23 -1- process, police calls for service and what is considered a validated nuisance call, crime free housing program requirements, and tenant protections. Thao stated the rental licensing criteria is grouped into single-family and duplexes. He referenced a table that includes the allowed property code violations per unit based on each license type. Police call rates are based on the average number of valid police calls per unit per year. Qualified calls include disorderly conduct and Part I crimes, as defined by the Uniform Crime Reporting System, include homicide, rape, robbery, aggravated assault, burglary, theft, auto theft, and arson. Calls related to domestic violence are not qualified as service calls. He referenced a table that shows the impact on the license category based on validated calls. Thao then referenced a table with rental licensing type requirements with four licensing category types. Each licensing category has a different licensing period, minimum inspection frequencies, crime -free housing requirements, and action or mitigation plan requirements. Thao stated the topic at hand is a property that would be a repeated type IV license. There are two ways to qualify for a repeat type IV. First, it could be related to code violations. When a rental needs its license renewed, there is a complete inspection done to check for code violations. If the code requirements are not met, then the property may have to retain a type IV license. Thao noted the other way to be a repeated type IV license rental is due to mitigation plan requirements. That could be failure to turn in a mitigation plan or not meeting the Crime Prevention Through Environmental Design (CPTED) requirements such as a security assessment and an eight -hour crime -free housing course. Thao referenced a pie chart with active rental licenses by type. 44 percent of licenses in Brooklyn Center are type I. Type II licenses make up 38 percent of the rentals, and type III licenses make up 13 percent of rentals. Lastly, type IV licenses are only eight percent of active rentals in the City. Thao referenced a table titled Type IV License Review. In 2023, there are a total of 125 repeat type IV licenses, whether it be for the second, third, fourth, etc. time. 33 of those were due to code violations only. 92 of the properties did not meet mitigation plan requirements. 21 met mitigation plan requirements but had code violations. 79 percent of previous type IV rentals improved on their inspections. Thao pointed out in 2023, 68 licenses became a second -time type IV license. 39 became a third - time type IV license, 12 became a fourth -time type IV license, 6 became a fifth -time type IV license, and 3 became a sixth -time type IV license. There were several factors impacting the increased repeat type IV licenses such as setbacks from COVID-19 and deferred maintenance due to financial constraints. There was also a lot of new licenses that were applied for, but the owners did not understand how the program works and the additional requirements needed for a type IV license. Thao stated there is a portion of the rental ordinance regarding license suspension, revocation, denial, and non -renewal. In the event that a license is suspended, revoked, or not renewed by the 11/21/23 -2- City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. Licenses may be suspended for up to 90 days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no approval of any application for a new license for the same facility will be effective until after the period of time specified in the Council's written decision, which shall not exceed one year. Associate Planner Krystin Eldridge asked if landlords are typically receptive to the process. Thao confirmed landlords tend to be responsive. Ms. Eldridge stated in Minneapolis, renters don't have to pay rent for unlicensed rentals. Thao stated the issue is currently being determined by the courts. Chair Enger asked if it is possible for a landlord to catch up since the inspections are every six months. Thao confirmed it is possible a landlord to get out of the cycle of repeat type IV licenses. The goal of the updates to the licensing process in 2010 was to create a more proactive approach rather than a reactive one. Thao stated the Council wanted the Housing Commission to provide feedback. It will be up to Staff Liaison Jesse Anderson to determine the method of providing feedback. Chair Enger asked what kind of feedback the Council is expecting. Thao explained there isn't a specific direction from Council regarding type of feedback. It is also unclear what the Council will do with the information. (32:55) Commissioner Riel asked how the City collects for Thao stated some property owners will come in and pay their administrative citation. If the citation is unpaid, it will be rolled over to the property taxes. Commissioner Riel asked where the money goes. Thao stated any citations, abatements, utilities, and so on goes entirely to the City. Funds only go to the County for special assessments. Thao pointed out there is also an appeal process available to landlords to obj ect to fines. He shared an example of a recent property owner that went through the appeal process. Staff doesn't recommend abatement in the unpaid citation process because they want the rental to be successful. In the recent appeal, the rental manager was at fault rather than the property owner. Thao added Minneapolis has a similar tiered system related to code violations and severity. Chair Enger noted Staff returns every few weeks to ensure the violations are corrected. Thao confirmed that was correct. The property owner also has the opportunity to notify Staff when they are ready for an inspection. Chair Enger asked if there is a possibility more code violations could be found. Thao stated Staff only focuses on original violations in terms of the impact on the current 11/21/23 -3- licensing application. However, it could count against the licensing application in a future application process if the code violations remain. CHAIRPERSON'S REPORT Chair Enger stated she didn't have a report to share. CITY COUNCIL LIAISON REPORT City Council Liaison Lawrence -Anderson was absent. OTHER B USINESS FUTURE MEETINGS: DECEMBER 19, 2023 Ms. Eldridge asked if there should be a meeting December 19, 2023. Thao pointed out there is only one Council meeting in December which is focused on the budget. It was the consensus of the Housing Commission to cancel the meeting for December. ULI HOUSING STUDY Thao explained the Urban Land Institute conducted a study regarding housing in Brooklyn Center. It provides an overview of the housing landscape and provides recommendations. Chair Enger noted there are short-, medium-, and long-term suggestions in the study. It would be nice for the Housing Commission to receive a presentation on the study. Ms. Eldridge stated she reached out to ULI to request a presentation early in 2023. The respondent offered a virtual meeting and explained the primacy researcher on the project no longer works with ULI. The presentation could be January 16, 2024 or February 20, 2024. Chair Enger stated she would be comfortable with a virtual meeting. She asked if the alternative representative would be aware of what the City has implemented from the recommendations. Ms. Eldridge stated she could speak with Mr. Anderson and Thao to notify ULI what recommendations have been addressed. Ms. Eldridge provided a brief update on Wangstad Commons as ground has been broken for construction. However, most of the progress won't begin until after the cold months. Ms. Eldridge added she welcomes any ideas for meeting topics for her to coordinate in 2024. CHAIR/VICE CHAIR APPOINTMENT Ms. Eldridge pointed out a new Chair and Vice Chair will be appointed in 2024. She requested Commissioners consider their interest in serving in those roles. Also, Vice Chair Donnelly's term is coming to an end, but he expressed interest in continuing for another term. ADJOURNMENT (50:17) There was a motion by Commissioner Enger and seconded by Commissioner Best Defoe to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 7:51 p.m. 11 /21 /23 -4- 11/21/23 -5-