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HomeMy WebLinkAbout1975 04-29 HCMCall to Order Roll Call Approval of Minutes 4 -15 -75 Public Heari ng MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION APRIL 29, 1975 CITY HALL The Brooklyn Center Housing Commission met in special session and was called to order by Chairman Howard at 7035 p.m. Chairman Howard, Commissioners Belkler, Plummer, Hastings, Kohrt, Weitzel, Haroldson and Magnuson. Also present were City Building Inspector Will Dahn and Administrative Assistant tant Ron Warren. The Secretary noted a correction to the minutes and stated that Commissioner Magnuson °s arrival at the April 15 meeting had inadvertently been omitted. It should be noted on page 2 of those minutes that Commissioner Magnuson arrived at 750 p.m. Motion by Commissioner Hastings and seconded by Commissioner Weitzel to approve the minutes of the April 15, 1975 meeting as corrected. The m. oticr passed unanimously. Chairman Howard declared the public hearing open at 7 038 p.m. He stated that the hearing is being held to review, jiS-033 n clarify the proposed amendments to the Housing Maintenance and Occupancy Ordinance. He asked if there were any other proposed amendments that had not previously been submitted for the Commission's review. The Chairman recognized Mr. Henry L. Harris, 4100 ra;net Lane. Mr. Harris noted that he had been out of town and was unable to attend previous meetings. He preser:te.d the Commission iori with a written submission, noting his objections to the ordinance. He stated that he. objected to the wcrdir._g in Section 12-711, that required yard covering to be consistent with prevailing neighborhood standards. He stated that it might be a violation of the ordinance if he had a vegetable garden it his yard and no one else in the neighborhood did. Mr. Harris further stated that he felt any inspection a Ltion on the part of the City should be accompanied by a ignned complaint of more than one area resident. He also) noted that he objects to the $15 filing fee required tug appeal a compliance order. He felt there should be no such fee at all. Chairman Howard noted that Section 12-711 does not prevent a person from having a garden. Commissioner Kohrt stated that in other parts of the country, particularly in the southwest, other types of lawn cover such as gravel with cactus plants are conadered acceptable lawn cover. He suggested that the City Council might want to broaden Section 12 -711. to include other types of lawn cover along the line_ The Chairman again asked if there were any new proposed amendments; there being none he then recognized Adminis- trative Assistant Ronald Warren, who presented the re.commendations regarding the Hosing Ordinance developed by the City Manager and S taff, Mr® Warren stated that the City Manager and staff had given careful. consideration to all of the proposed amendments submitted and looked at each proposal as to how it would affect the entire ordinance. He further stated that the City Manager' s recommendations s included numerous changes that either incorporated the wording or the general concepts proposed by concerned citizens. He noted that these recommendations dati ..s i cl,,, ded provisions to protect crtiz e,r: r 4M rat'.: to personas privacy and to rh.odify the occupancy ectic,r_ of the r disranies-i 8 two Major concerns of those proposing amendments. He further noted that the proposed tecommendationt the City Man'''ager are intended to clear ;l any confusion that nn ght exist i n the ordinance, and still maintain the intended iisi.rposes :set forth in the ordinance Mr® Warren then p esente,d the City Manager's recommenda- tions in a `':tep by tap fashion as contained in the submitted document. Particular emphasis is way placed on the followi.ngu In Section 12-101, PURPOSE, i.t wa 3 recommended that there be an additional paragraph that contains a policy e >pres on relative to per on. 1. privacy rightz right with wording to the effect that m- "neither Ls it the intielticr of the City Council .yi .acting this ordinance to interfere u t interference, �rf� r� r permit 'with legal r`ohth pars, nal privacy". Ir. 3 istio 1.z a..`;' o AF?LICASiLIT.91' OF ORDINANCE, the City Manager' recommended ded r t chargeii, this section of e present o'r ^dl.r a ae. In i ie with h props -s ed changes s`! bm1tted rye :Ai. the aty Manager did recommend an clause to a e first se,i of Section 1.2 -802 at wo g ''s na j s'r p� s !o' or°n.flicts that might exist regarding' ard`, permissible oc o of a dwelling unit. The recommendation rda r: e f' of "grandfatherrng°" the r n, o with the atliition of words to the effect ",rat "with th.Fi 9 ce 4 1. a. t a'= .wriers occupying a respective dw lzi: ,nit prior or t;e_ .i o l 975 o the maximum permissible ible ipa ncy of any =l l g u.nit shall. be determined a s follows;". 4-29 -2- In Section 12-201, DEFINITIONS, there were three recom- mended changes. In definition number 6, it was recommended that the maximum number of wards or clients be changed from five to six in the family definition relating to the group or foster care situation. In definition number 11, it was recommended that a change be incor- porated to the effect that "water heated to a temperature of not less than 120 Fahrenheit, or such lesser temperature required by governmental authority, measured at faucet outlet". In definition number 14, relating to occupant, the recommendation was to change the definition to eliminate possible confusion over people residing in a "dwelling unit" or a "rooming unit". The change would be to the effect that "any person (including owner or operator) living, sleeping, cooking and eating in a dwelling •.snit or living and sleeping in a rooming unit". In Section 12 -403 and 12 -405, similar recommendations were suggested allowing homeowners the right to subscribe to their own privacy standards within their own home. The effect of this recommended change would make it mandatory for rental dwelling units only to have water closet rooms or bathtub or shower rooms that "shall have an entrance door which affords privacy With the exception of the aforementioned addition to Section 12 -802, it was the City Manager's recommendation n =.t to make any further changes to Section 12-802, PERMISSIBLE OCCUPANCY OF DWELLING UNIT; Section 1.2-803, ONE FAMILY PER DWELLING UNIT; and Section :2 -804, MINIMUM CEILING HEIGHT. Regarding Section 12-805, PERMISSIBLE OCCUPANCY OF SLEEPING ROOMS, the recommendation was to delete this entire section, the reason being that the provisions of this section are zr,ece sary in virew of the overall dcezn its requirements. Seot1o: 12-1001 ENFORCEMENT AND INSPECTION AUTHORITY, it was noted that it was not the intention of 3 ordinance that owner- occupied dwelling units be ,tarnatically inspected on a scheduled basis. It was xrther noted that it is inappropriate to spell out in detail in the body of an ordinance the necessary administrative pr for implementing a regulatory act. it w the City Manager's recommendation that Section 12 -1001 be changed to the effect that "the City Manger and his designated agents shall be the Compliance Official who shall administer and enforce the. provision; of this ordinance and who is hereby authorized to cause inspections on a scheduled basis for rental units, or otherwise when reason exists to believe that a violation of this ordinance has been or is being committed. Inspections shall be conducted during reason- able daylight hours and the Compliance Official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit" In Section 12-1002, it seemed appropriate that the language be changed to reflect the positive right of an individual to refuse access or entry to an inspector; therefore, it was recommended to change this section to the effect that "any owner, occupant, or other person in charge of a dwelling or dwelling unit may refuse to permit free access and entry to the structure or premise under his control for an inspection pursuant to this ordinance, whereupon the Compliance Official may seek a court order authorizing such inspection" Regarding Section 1.2-1205, PENALTIES it was the City Manager's recommendation that no changes to this section be made. The reasoning for opposing a proposed amend- ment to this section, that would make the City liable for legal expenses incurred by a person challenging and winning a court judgment overturning a compliance order, is that this would eery {ito e an unauthorized expenditure of City funds. It was noted that the City Attorney had also drafted an plzdon that had independently incorporated the >>ame ra ?ionale for opposing 01c11 an addition t Se ction 12 -1205 Councilman Fignar arr iv' n d at 8 °40 p.m. Upon completion of the Administrative Assistant's presentation, Chairman Howard noted and read certain tatements of the City Attorney's opinion regarding the payment of legal fees to a person winning a court judgment against a compliance order. Chairman Howard further ;noted a letter from Mrs. Alice MacPherson., 6725 Drew Avenue North, in which Mr o MacPherson .;tats: v e favored the adoption of the Housing Code, but would like. to see Section 12 -802 and 1.2-805 eliminated from the ordinance. C .ainnan Howard then recognized Mrs. Jackie Bateman, 5130 Ewi ng A iree;M.e North, who stated that the City Manager's recommendations ocricernin.g Section 12-1001. had not addressed to the cad t1 dttee °s concern that com- plaints be signed by at least two persons living within a one-block radius of the suspected violation before there be cause for an inspection, Chairman Howard then recognized Mr. Richard Forstrom, 4526 Kathrene Drive, who commented on the City Manager's submitted recomme dations He noted the change in Section 12-201 (14)„ clarifying the rooming unit dwelling unit distinction, and stated that there may be provisions in the ordinance where rooming units should be included. He further noted that he felt the recommended change to Section 12 -703, still requires people with air conditioners to have screens on their windows during the insect season. Mr. Forstrom stated that he opposed the recommendation to 12-803, which deleted the term "temporary guests". He further stated that this was a proposed recommendation of the committee, but it was contingent upon the inclusion of 2uch a phrase in the definition of a nonrelated family in Section 12 -201 (6). His final comment was that the City Manager's recommendation for Section 12 -1001 did not answer all of the concerns of his committee. Chairman Howard recognized Mr. Steven Englert, 3019 63rd Avenue North. Mr. Englert stated thht he supported the recommended addition to Section 12-101,, that protected an individual's rights to personal privacy. He further stated that he opposed the present Section '12-804, because he knows he cannot finish his basement and have a minimum ceiling height of six feet six inches. He explained that he felt Section 12-1001, should con- tain a three day prior noti.c'e to inspect the inside of an owner- occupied dwelling. In addition he expressed his concern for including a verification procedure in this ction of the ordinance. Chairman Howard asked City Building Inspector Will Dahn to explain the inspection procedures used in enforcing ether current ordinances, such as the building and sanitation ordinances. Mr. Dahn explained that the first thing done is to make sure a complaint is legitimate by asking for the complainant's name, address and phone ris,� ,ber. If, after inspection, the complaint is justified a compliance order is issued and a person is given a reasonable and ample amount of time to comply. 1Ie tat that our primary objective is to gain compliance, not conviction, in some cases it will take a person longer to comply and this _,s taken into consideration. Commissioner Hastings' asked if inspectors.have an official identification card, to which Mr. Dahn answered i.n the affirmative. Commissioner Haroldson stated that if compliance is what we are seeking, it may be a good idea to have some sort of prior warning or notice before inspecting an owner- occupied dwelling. Chairman Howard stated that this type of notification would be an administrative policy and procedure matter. He further stated that normally people are notified prior to the time of an inspection, Chairman Howard asked if there were any other comments that persons in attendance wished to make; there being none he noted areas of concern that were addressed to at prior Housing Commission meetings. He stated that Sections 12 -101; 12 -201 (5), (6), and (10); 12 -314; 12 -409; 12 -504 (1); 12-702; 12 -706; 12 -711; 12 -802; 12 -803; 12 -804; 12-901; 12 -907; and 12 -909, were all ections addressed to at the September, 1974 Housing Commision meeting. Motion by Commissioner Hastings and seconded by Commissioner Harcldson to close the public hearing. The motion passed unanimously and the public hearing was closed at 9;20 p.m. The Brooklyn Center Housing Commission recessed at 9;20 p.m. and resumed' at 9;45 pomp Chairman Howard introdn.ced the next item on the agenda relating to the Housing q Cc,irL 1ss1o,`_ 's recommendations to the City Council regarding propo: ed amendments to the Housing Ordinance. "The Chairman. noted ,a a pro ced°_.ral point that the `rc_ a look at a recommendation as they ha Fe been preset ;-d and make recommendations as to concepts they feel ho !d be conveyed to the City C o'rirc1 1. The first item addressed tp 7/T5i a proposed change to Section 12-10i (2) rtg!latl g,. r-y tr e elimination. of the terms "'general welfare"' ad c c1:a1 well being" Chairman How: noted a these terms convey a fundamental a c bL :gat'o (:h gggvernni.ent and are properly !toted in the ordinance. T ere was a 51 c c y;; MA w,IL. r Plummer and er'otr`ded by Comm12 Haro1 i n to recommend no 2tra ,.ge to Section 2 -1 d o The rmotion passed ar ngo j.y The next ire r was p that would eYgigroil.17.gate 4 -29 -7< ch ge to Section 12 -101 par pose the term °'to -6- Recess Deliberation and Recommendations Regardind Proposed Amendments to the Housing Ordinance Commissioner Plummer stated that she sees problems in trying to enforce overcrowding provisions as they relate to owner occupied dwellings. She further stated that she is in favor of preventing overcrowding in a rental unit, but sees attempts to prevent overcrowding in a private dwelling as a possible infringement on a person's right to have as many people in their family as they desire. A lengthy discussion ensued relative to overcrowding, with Commissioner Kohrt stating that the overcrowding provisions in this ordinance are based on federal g ide- lines and in many cases are more lenient. Commissioner Magnuson stated that he felt it might be impossible to gain compliance with overcrowding provisions if it meant prohibiting a family that exceeds the requirements from purchasing a home in Brooklyn Center. He further stated that it would be better to change the wording in this section from "prevent overcrowding" to "discourage overcrowding". Chairman Howard stated if we stand by and let overcrowding take place, with all of its associated problems, we are in for trouble. It is the City responsibility, he further stated, to prevent conditions that negatively affect the safety, health and general Welfarerof citizens, and overcrowding is such a situation. Follc; wing the discussion there was a motion by Corninissic.ner Kohrt and seconded by Commissioner Hastings to recommend no change to Section 12 -101 5)). Voting in favor were Chairman Howard, Co r:tni,ssioners Beikler, Haroldson, Hastings, Kohrt and Weitzel. Voting in opposition were Commissioners Magnuson and Plummer. The motion passed. The next item discussed was an additional paragraph to Section 12-101, that contained a policy expression relative to personal privacy rights. Motor" by Commissioner Kohrt and seconded by Cr mr i ;aioner Weitzel to recommend the City Manager's rc;pc'ed additional paragraph to Section 12-101. The passed unanimously. The next item discussed was changes to Section 1.2-1 C2. It was noted by the Chairman that the Furstrom- Higgins Committee recommended an additional clause to this section that would make the occupancy req irements of the ordinane applicable only after a iwel,irg unit is transferred to a new occupant. Chairman Howard further noted that it was the City Manager's recommendation to make no changes to this section in this regard, but to include an added phrase to the first sentence in Section 12-802, that would make occupancy requirements in that section inappli- cable to owners occupying a respective dwelling unit prior to June 1, 1975. A lengthy discussion ensued relative to these points, with Commissioner Haroldson noting that he is against "grandfathering because of potential problems. Chairman Howard left the table and Commissioner Haroldson assumed the chair at 10:34 p.m. Chairman Howard returned to the table and assumed the chair at 10:35 p.m. Commissioner Plummer noted that she felt all of Section 12-802, should only pertain to rental units. Commissioner Kohrt stated that by "grandfathering the occupancy requirements of 12-802, we are overcoming the concerns of many who feel there are potential o i':dations to this section of the ordinance. He further stated that it is important to include a specific date in this wording. Following the discussion there was a motion by Cmmissioner Kohrt and seconded by Commissioner Hastings to recommend the City Manager's proposal that includes a "grandfathering clause in Section 12-802, rather than including such a c' .sse in Section 1.2-102. Voting in favor were Chairman Howard, Commissioners Beikler, Haroldson, Hastings, Kohrt, Magnuson and Weitzel. Voting in opposition was Commissioner Plummer. The motion passed, The next item discussed was a proposed amendment Setion 12 -102 that would require the City to notify tire prospective occupants of the occupancy standards c z: the ordinance. C. mef: pis sioner Kohrt noted that the concept of this n.>pc ed amendment is worthwhile, but is not needed in the body of the ordinance. He stated that this is an administrative matter and should be handled as such, Motion by Commissioner Hastings and seconded by Commissioner Weitzel recommending no change to Section 12 -102, regarding assigning the City the responsibility of informing prospective occupants of the occupancy requirements. The motion passed unanimously. Chairman Howard noted that there was a final proposed amendment to Section 12 -102 that would include a declaration that it was the intent of the City to assist citizens in securing services and procuring financial assistance. Motion by Commissioner Kohrt and seconded by Commissioner Plummer to recommend no change in Section 12 -102 that would include a statement of administrative intent to furnish assistance. The motion passed unanimously. The next item discussed was proposed changes to Section 12 -201 (6) the definition of a family. Chairman Howard noted that one of the proposed amend- ments was to change the maximum number of wards or clients from five to six in the family definition relating to the group or foster care situation. Motion by Commissioner Hastings and seconded by Commissioner Magnuson to recommend changing the maximum number of wards or clients from five to six in the family definition relating to the group or foster pure situation in Section 12 -201 (6) The motion passed unanimously The Chairman noted that there also was a proposed amendment to Section 12 -201 (6), that would include domestic servants and gratuitous guests to the definition of an unrelated family. Motion by Commissioner Plummer and seconded by Commissioner Weitzel that there be no change in the pr nt family definition regarding unrelated persons. Th.:motion passed unanimously. Chairman Howard next noted that there was a proposed amendment that would add the inclusion of a four -page ,a rrative relating to family care homes to Section 12 201 (6) Motion by Commissioner Weitzel and seconded by Commissioner Hastings to recommend that this a rr tr,ve not be included in Section 12 -201 (6). The m_t,r_,n passed unanimously. The n.ext item discussed was a proposed amendment to Section 12 -201 (7), the definition of a flush water clr: t. There was a motion by Commissioner Magnuson and seconded by Comm i ;'5 lon er Kohrt to recommend no change to the present definition. Fallowing the motion there was a lengthy discussion relative to the Forstrom Higgins Com'i ittee recommended definition, Councilman Fignar was asked if he could give a professional plumber's opinion regarding the two definitions. Councilman Fignar stated that there was rc significant difference between the two definitions, but he felt the committee's definition might be more appropriate, Following this discussion Commissioner Magnuson withdrew his motion and Commissioner Kohrt withdrew his second of the motion There. was rher, a motion by Commissioner Magnuson and seconded :by Colfronisoioner Kohrt to recommend that the c committee,us defirdtion of a finch water closet replace the present definition in Section 12 -201 (7). The motion passed na7_mo: sly° The next iterr a sed wa -.s a proposed amendment to Sec*<orL 12 -2 ths: d,.4-11-,dt.), of a habitable room. Chairman, How ,t l noted tha the proposed amendment to ti Ss, ectinn w onid delete the definition of an unfinished bas e`v`er riff`, f nisreed basement to be considered idete" a habitable r Motion. by Cumntibb over Ha,,,,,,ting0 and seconded by Comhtlny3ioner We i e f r =.c'omthend no change to Section 12-20i CI 0) o he defffAtiuh h.1 :habitable room. Following the mot sere waa a lengthy discussion in which Commissioner Magnuson stated he disliked the floor covering and ceiling er :r-g provi0ions used to clarify refs hi, he 1.. gas et ent a ia, er Kohrt agreed with Mag and "gated Ftated that we may need more F 0 lr.3w i`'c the wt.. :.er wa.._ a call for a vote on the ;4 t o r,_® >e °C Hjnirnr. ,0 sly opposed. The motion truce r and seconded by Kci-ilt re,c.y.:mmending further review by City .t,ar and c: thentbeTh regarding Section 12 201 (10), e t;: baaeghent f a °°r_ r in. the definition of a habitable rn The r,;, pa ed ,t7:,Ga hr ti ly 29 -75 Chairman Howard next noted a proposed_ amendment to Section 12 -201 (11), which would add a phrase to the definition of heated water that would qualify the water temperature stated in this section. He further noted that both the City Manager and the Forstrom Higgins Committee had recommended such a change. Motion by Commissioner Weitzel and seconded by Commissioner Magnuson to recommend changing the wording of Section 12 -201 (11) to the effect that "water heated to a temperature of not less than 120 Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet". The motion passed unanimously. The Chairman next noted proposed amendments to Section 12 -201 (14), the definition of an occupant. He stated that the City Manager's recommendation concerning this section was intended to clear up the confusion relating to people living in a "rooming unit" and those living in a "dwelling unit". Mtn by Commissioner Hastings and seconded by Co`_m: ;t ssioner Magnuson to recommend the City Manager's proposed amendment to Section 1 -201 (14), definition of an occupant. The motion passed Jnanimo.inly. The next item discussed was a proposed amendment to Section 12 -313, suggested by both the City Manager and the Forstrom Higgins Committee, that would add a use that further clarifies the minimum heating capability and maintenance section. Mcticn by Commissioner Haroldson and seconded by Cornmi2sioner Weitzel to recommend the City Manager's Frlg geted change to Section 12 -313. The motion passed d.;,noubiy next item discussed was a proposed amendment to e r nn 12 -402 (3), that was intended to clear up nfn ion regarding whether a person wishing not to cook and eat in his dwelling unit would have to have an inntal.led stove and refrigerator. Chairman Howard noted that the action taken regarding Section 12 -201 (14) would clear up this problem. He stated persons not wishing to eat and cook would be considered occupants of 5, rooming unit and would not be forced to have the 1.,=3" _:.i.r -d kitchen facilities. Following this discussion there was a motion by Commissioner Weitzel and seconded by Commissioner Haroldson to recommend no change to Section 12 -402 (3). The motion passed a animou.sly. The next items discussed were similar proposed amend- ments to Sections 12 -403, TOILET FACILITIES and 12 -405, BATHTUB OR SHOWER, that would make it mandatory that only rental units have bathroom and shower room entrance doors that afford privacy. Chairman Howard noted the City Manager's comment that homeowners should have the right to subscribe to their own privacy standards. Motion by Commissioner Plummer and seconded by Commissioner Weitzel to recommend the City Manager's proposed change to Section 12 -403. The motion passed unanimously. Motion by Commissioner Magnuson and seconded by Commissioner Kohrt to recommend the City Manager's proposed change to Section 12 -405. The motion passed unanimously. Chairman Howard next noted a proposed amendment to Section. 12-406, that would change existing wording and require handrails to be between 30 and 36 inches high. Motion by Commi: sic:ner Kohrt and seconded by Commissioner Weitzel to recommend no change to Section 12-406. The motion paused unanimously. The next item discussed was a proposed amendment to Section 12 -504, that would change 3ubsection 1 by requiring FHA and VA minimum electrical standards as a condition of sale and wou,id delete subsections 2, 3 and 40 Chairman Howard n.of y the City Manager's recommendation of no change to subsections 1, 2 and 3 and a change in subsection 4 that would require at least one electrical outlet in kitchens, which the present ordinance does not require Motion by Comri: ssioner Weitzel and seconded by Commisioner iNummer to recommend no change to Section 2 -504, S 7.1 1, 2 and 3, and a change in sub- section 4 to include electrical o`'ltlet requirements for kitchens Th.e motion pa ased unanimously. Chairman Howard next noted a proposed addition to Section 12-601 that would define certain insulation requirements as a condition of sale for a dwelling or dwelling unit. Motion by Commissioner Hastings and seconded by Commissioner Weitzel to recommend no change to Section 12-601. The motion passed unanimously. Recebs The Ho I -ing Commission recessed at 11:20 p. m. and resKrned at 1127 p.m. The next item discussed was a proposed amendment to Secticn 12-702 that would add a requirement for deter- mining when exterior masonary surfaces should be repaired. Chairman Howard noted that both the Forstrom-Higgins Committee and the City Manager reccfame.nded such a change. Motion by Commissioner Hasti gs and seconded by Coirrnisioner Weitzel to recommend a change in Section 12-702 that would add a requirement for determining when exterior masonary surfaces should be repaired. Voting in favcr were Chairman Howard, Commissioners Beikler, Haltings, Kohrt, Magnuson., Plummer and Weitzel. g against: none. Commissioner Haroldson absent. rsib motiori passed. Haroldson returned tc the table at 11:30 p.m. item discussed was proposed changes to Section -703, Jr,ter,dad to clear up possible confusion over wt w12 need screens. Howard r.(Dted the City Manager's comments recardi?_q cj_enable, window area for ventilation purposes iT rcted the City Manager's proposed change to that would relate the requirements of Section g HA3,TABLL ROOM VENTILATION, to the window r.quirenie:it of Section 12-703. Motion by Comrnissioner Kohrt and seconded by cner Hastings tc recommend the City Manager's :red change to Section 12-703. The motion passed unarizno 2 9 1. The item discussed was a proposed amendment to Secticm 12-704 that would change the reference to toxic paint and materials to include all people, not just children„ Motion by Commissioner Weitzel and seconded by Commissioner Kchrt to recommend the City Manager's proposed change. to Section 12 -7 04, The motion passed s nanimou sly The next item discusseed was a proposed amendment to Section 1.2 -7709 that would adequately state that it was the ',Intention of this section to require that all required facilities !shall function ire a safe, sound and working c o:r diti yn o whether it an owner-occupied or rental situation. Motion by Commissioner Ha :sting- and seconded by Commissioner r Weitz; to recommend the City Manager's proposed changes to Section 12- 709, The motion passed Chairman Howard ram {t noted a proposed amendment to Section 12-710 that woi id delete the reference to the term "within. 24 hours". Motion. by C MIMI (r Magnuson and seconded by Cu: i i :iper We l.t el t r- =c1:=rnme, !d the City Manager's p ,K gar e Se "tic 1.„L-1.70 The motion passed The eg d 2 i wi a proposed modification of Sec en 12 °ARD O`'E,R that would allow persons to e. gravel c 1 i us� ed r< as z ?.nrnisible yard cover. nsimentes. that ch an inclusion r' a Mtn° by C«, intaisssion.er f:ohrt and seconded by Coninrniosicner Filanmer t, recommend mead that the City Council a ';d the City t ff re\ ._,e?;r „V c (a i 6' Section of Seemorr 12 711 with. the p( 0 24 this section to include 71 b1�_ a�' o The motion passed a proposed deletion of the permissible. occupancy 1.,,: Sege ,:o.r ,r, ci Zv i .zc .i ion had previously s" acid is r.,, to Section 12-802, that t f a F n Jt t ;ter. he occupancy require- tLis to. psir re .siding in a dwelling unit It1 r e o 0 H _,ult Syr noted that the Commission rao:. Ir; 1 e,r w1.� i_ r *e'y recommend the deletion -14- Motion by Commissioner Hastings and seconded by Commissioner Weitzel to recommend no change to Section 12-802 (2). Following the motion and the second a lengthy discussion ensued relative to this section. Commissioner Kohrt noted that he felt the term "in no event" in subsection 2, was too strong and should be deleted. Commisstoner Plummer again noted that she felt occupancy requirements should only apply to rental dwelling units, not owner-occupied dwellings. Follow- ing the discussion there was a call for a vote on the motion. The motion was unanimously opposed. The motion failed. Motion by Commissioner Magnuson and seconded by Commissioner Kohrt to recommend that the City Council consider a rewording of Section 12-802 (2), with the possible deletion of the term "in no event". Voting in favor of the motion were Chairman Howard, Commissioners Beikler, Haroldson, Hastings, Kohrt, Magnuson and Weitzel. Opposed: Commissioner Plummer. The motion passed. Chairman Howard next noted a proposed amendment to Section 12-803, that would delete the reference to "temporary guests", because it Was redundant and was covered in other sections of the ordinance. Motion by Commissioner Hastings and seconded by Commissioner Haroldson to recommend the City Manager's proposed change to Section 12-803 that would delete the reference to "temporary guests". A lengthy discussion ensued relative to this point. Commissioner Kohrt noted that Mr. Forstrom had earlier commented that such a deletion would not allow unrelated families to have temporary guests. Following the dis- cussion there was a call for a vote on the motion. The motion was unanimously ,opposed. The motion failed. Motion by Commissioner Plummer and seconded by Commissioner Kohrt to recommend no change to Section 12-803. The motion passed unanimously. The next item discussed was a proposed amendment to Section 12-804, that would allow a five to ten per cent variance in the 6°6" minimum ceiling height requirement for a habitable room. There was a motion by Corns gissioner Hastings and ;seconded by Commissioner er Weitzel to recommend no change to Secti. rs 12 ®804. Following the motion a lengthy Discussion ensued. Commissioner Magnuson noted the comment of Mr, Steven Englert that there was no way he could finish his basement and maintain a minimum ceiling height of six feet G 1.7K inches. Commissioner Magnuson stated he was concerned about this possibility. Chairman Howard noted that virtually all basements in Brooklyn Center constructed under the present building code either had ten or eleven block basements, which would allow for at lea st a seven foot six inch minimum basement ceiling clearance. Commissioner Kohrt noted that this item should pe.rhaps be tabled if it is unclear. Following the discussion there was a call for a vote on the motion. The motion, was L opposed. The motio failed. Another lengthy discd..ssion ensued relative to this point. Fol.lowirig t K, isc �A r, there was a motion by Commissioner Magn E or: ads seconded by Commissioner Kohrt to reds mnen a change in the wording in the second lane of the section to include "except that attics, top half stories and b. Mme td and air;o include reference to base.me, t line 5 of the ctio.n. The motion passed uian.i,mc. -a. !y. The next iten7 3e« w tit. proposed deletion of Section 12405, .PERMISSIBLE C CC I FANCY OF SLEEPING ROOMS. Chairs HLw, rd noted the City Manager's comments that the provisions of this section are unnecessary in view of the hve all density provisions of Section 12 -802. Motion. by Co _i r Kt,hrt, and seconded by Commissioner Haa L o t ;he dt, of Section 12 -805. The r :,t°on pas ed he ne i. SectiL(., 12 ,9 err 4s pr E ed amendment to irl delete subsection 2 of that section. an Tr a; H 'wa noted that the inclusion of ,gib ecti 2 ,u r order to assist the examining of apai e .v.. ).(7 and lc also commonly kept infor- mation P,.t r' aarr n`; .plees. Mc° t. (u C it t_ar Ha i,o°.ti and seconded by Kohrt F.( no change in Section 12 909 (2). The rotkF.,,- r ad unanimously. -29 -7: The next item discussed was a proposed amendment to Section 12-1001, clarifying that it is not the intention of the City to systematically inspect owner occupied dwellings on a scheduled basis. Other proposed additions to this section included procedures for notifying individuals prior to inspection; a procedure fc. r verification of the inspector; and provisions that require that at least two persons, within a one -block radio°'; of a questioned dwelling, complain in writing before there be cause for inspection. A lengthy discussion ensued relative to these points. Chairman Howard noted that the City Manager's recommendation denotes the intention of the City not to have inspection of an owner occupied' dwelling on a sy2tematic scheduled basis. Motion by Commissioner Kohrt and seconded by Commissioner Weitzel to recommend the City Manager's proposed change to Section 12 -1001. Following the motion a lengthy discussion ensued with Cr3 ir:13sioner Plummer noting that she would like to ee sPme sort of notification procedure incorporated into this section. Commissioner Magnuson noted that 'many citizens present at this hearing are concerned about this Notification point. He .stated that the inclusion of a provision for a three -day notice prior to inspection of an owner- occupied dwelling might be in rd: r Chairman Howard stated that he recognized the concerns of the citizens present but felt that notifica- tion rrocedres are an administrative matter and need not pe °cifically be addressed to in the ordinance. ��i1 uvi.�g the discussion there was a °ail for a vote !r the motion. The motion was unanimously opposed. The motion failed. Followrng further discussion there was a motion by sst`:r Kohrt and seconded by Commissioner We°ttdel to recommend to the City Council that they review Section 12 -1001 regarding notification pro c ,d res The motion passed unanimously. CiLairman Howard next noted a proposed change to Se t'.G 12 -1002 that would change the language of this :'ecti(. to convey in a more positive way the right of an Ls i v ,dua1 to refuse access and entry to an inspector. -17- 4 -29 -75 Motion by Commissioner Plummer and seconded by Commissioner Hastings to recommend the change proposed by the City Manager to Section 12-1002. The motion passed unanimously. The next item discussed was a proposed amendment that would add a new section, Section 12-1003, CONFIDENTIALITY OF EVIDENCE. Chairman Howard noted the City Manager's comment that a recent State law, Section 504.23 of the Minnesota Statutes, requires that housing maintenance code records, among other records, must be available to all persons having a reasonable need for the information. Motion by Commissioner Weitzel and seconded by Commissioner Magnuson to recommend no change in the adopted ordinance by adding a Section 12 -1003. The motion passed unanimously. The next item discussed was the proposed amendment that would add a new secton, Section 12 -1004, RECORD KEEPING OF THE CITY. Chairman Howard noted that x ;,cry, record keeping is a normal administrative activity and stated that it need not be incorporated into the ordinance Motion by Comrr+i, ox;;,er Macy .:n and seconded by Commissioner sssioner Weitzel to reccra end no change to the adopted ordinance by addincr a proposed Section 12-1004. The motion passed unanimously o The next item discussed was proposed changes to Section 12 -1101 (1), that add in litre 5 the word "serious!! to qualify the word "haard" and a change in line 11 that woAd qualify "reasonable time" by adding the term "not h! lPss than ��rwr�� o Motion by Corns sic Ler Kohrt and seconded by Como i. si Suer Weitzel to re comm rd no change in Section 12-1101 a ads pt. J The n passed unanimously Chairman Howard next noted a proposed amendment to Section. 12-1201 O, that wo include a notation relative to the available appeal process. 1W by Commissioner Kcr rt and seconded by Ccmmi signer ').n,m.I gar tf recommend mmer!d the City Manager's proposed change to Section Sr 12 ".201 (3). The motion passed a. .anirrro ^z-:y The next item discussed was a proposed amendment to Section 12 -1202 that would extend the time period from five business days to ten business days for making an appeal to a compliance order. Motion by Commissioner Hastings and seconded by Commissioner Weitzel to recommend no change to Section 12 -1202, Following the motion a lengthy discussion ensued relative to this point. Commissioner Plummer stated that she would like to see the time period for appealing a compliance decision increased from five to ten business days. Fc.,;ilowing the discussion there was a call for a vote on the motion. Voting in favor of the motion was Co^rmissi.oner Magnuson. Voting against the motion were Chairman Howard, Commissioners Belkler, Haroldson, Hastings, Kohrt, Plummer and Weitzel. The motion failed. A lengthy discussion ensued relative to how long a period cf time there should be to submit an appeal. There was a motion by Commissioner Plummer and seconded by Commissioner Haroldson to recommend to the City Co r fi. i1 that they consider changing the number of business days allowed to make an appeal from the present five o `i,; .ess days to a period of seven to ten bu days. 'c-0 g in favor were Chairman Howard, Commissioners,. Se::der, Haroldson, Hastings, Kohrt, Plummer and Weitzel. Cipo eda Commissioner Magnuson. The motion passed. C)rI.arn Howard next noted a proposed amendment to Se 7',io 12 -1203, that would make it mandatory that the City Council, sitting as a board of appeals, return the filing fee if an appeal to a compliance order is by Commissioner Hastings and seconded by C an Plummer to recommend no change to Section 2 -1203. Fclkwirng the motion a brief discussion ensued with C4 y,r issioners Haroldson and Magnuson stating that they feel the $15 filing fee should be returned. Following the discussion a vote on the motion was called for. Voting in favor of the motion were Chairman Howard, Commissioners Bei.kler, Hastings, Kohrt, Plummer and Weitzel. Opposed° Commissioners Haroldson and Magnuson, The motion passed. The next item discussed was a proposed amendment to Section 12 -1205 that would make the City liable for all legal and related expenses incurred by an individual challenging a compliance order, provided the judgment is against the City or if the City ceases to enforce the com- pliance order prior to the judgment. Chairman Howard noted the City Manager's comments in regard to these changes and ar,1 opinion of the City Attorney which, in effect, state; that such an inclusion in the ordinance might be ccntr.ed as an illegal expenditure of funds. Motion by Commissioner Haroldson and seconded by Commissioner Plummer to recommend no change in Section 12 -1205. The motion_ pa sed nanimously. There was a rnotiol a by Co .r:L i ner Haroldson and seconded by Commis —f i7 er Weitzel to adjourn the meeting. The motion pa s si ed _arui n4, ,s c;iy The Br uukiyri Center Housing Commisio:r aF ar:Y at 1.2°30 a.m. Cxa rr Ian 4 29 -4.5 -20- Adjournment