Loading...
HomeMy WebLinkAbout1975 04-15 HCMCall to Order Roll Call Approval of Minutes 3 -11 -75 Approval of Minutes 4 -1 -75 Public Hearing 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 15, 1975 CITY HALL The Brooklyn Center Housing Commission met in special session and was called to order by Chairman Howard at 7 :35 p.m. Chairman Howard, Commissioners Kohrt, Ward, Beikler, Plummer, and Haroldson. Also present were Councilmen Bill Fignar and Robert Jensen, Director of Planning and Inspection Blair Tremere, and Administrative Assistant Ron Warren. Motion by Commissioner Plummer and seconded by Commissioner Haroldson to approve the minutes of the March 11, 1975 meeting. The motion passed unani- mously. Motion by Commissioner Plummer and seconded by Commissioner Haroldson to approve the minutes of the April 1, 1975 meeting. The motion passed unanimously. Chairman Howard declared the public hearing open at 7:40 p.m. He stated that this hearing is being held to review, discuss and clarify the proposed amendments to the Housing Maintenance and Occupancy Ordinance. He explained that the Housing Commission is an advisory commission to the City Council and has been directed by the City Council to review and make recom- mendations concerning the proposed amendments to the ordinance. It is the Commission's purpose tonight to review the submitted proposals from concerned citizens. Commissioner Hastings arrived at 7:41 p.m. Chairman. Howard stated that two written proposals have been received, one from Gary and Joyce Bimberg and the other from a citizen's committee under the signatures of Richard Forstrom and Richard Higgins. Chairman Howard then recognized Mr. Richard Forstrom, 4526 Kathrene Drive, a spokesman for the group and asked if he would explain the proposed amendments submitted by the committee. Mr. Forstrom addressed the Commission and stated the committee would present their explanations to the proposed amendments on a section by section basis. Because the proposed amendments were the result of a group effort, it was the committee °s intent to have various members of the committee present the explanations in which they had a particular interest, Mr. Forstrom first addressed proposed changes to Section 12-101, PURPOSE, and stated the committee felt references to "general welfare" and "social well being" should be deleted from the objectives stated in number 2. He noted that terms such as "life", "safety" and "health" are definable and are properly included in the ordinance, but terms such as "general welfare" and "social well being" are vague, undefinable terms and should not be included in the ordinance. He went on to state that the use of the word "overcrowding in Section 12-101, (5), was an arbitrary term and reference to it should also be deleted. He further explained the committee's proposed wording was clearer and eliminated the arbitrary reference to overcrowding. Chairman Howard then recognized Mr. Steven Englert, 3019 63rd Avenue North, a member of the committee who explained the reasoning for the proposed addition to Section 12 -101. He stated that he was certain the City did not intend to infringe upon an individual's rights or privacy, and this point should be so stated in the ordinance. He further stated that it is the intent of this ordinance to pro- tect property values and this should also be stated in the ordinance. By incorporating the committee's additional paragraph these two features would be included. Mr. Forstrom noted that there is not an abundance of statistics available on the occupancy of dwellings in Brooklyn Center, because of this he felt all present occu- pants in the City sho ld not be bound by the occupancy requirements of the ordinance. Only when occupancy is transferred would the requirements take effect. He further noted that the City should take on the responsibilities of informing future residents of the ordinance requirements and providing assistance in obtaining low- interest and no- interest loans for persons that are forced to comply with ordinance requirements Vince Tubman 6420 Girard Avenue North, presented the committee's view regarding the deletion of the definition of an unfinished basement in Section 12-201, (10) He explained that they feel an unfinished basement, pro- vided it has the required exit facilities, should be counted as a habitable room. Mr. Forstrom noted Section 12-403, TOILET FACILITIES, and 12-405, BATHTUB OR SHOWER, and stated persons renting dwelling units should be guaranteed privacy in their bathrooms, however, owner- occupants should not be forced to provide privacy for these rooms if they do not wish to. He strongly opposes the use of the word "door" in these sections of the ordinance. Chairman Howard recognized Mr. Richard Higgins, 7037 Dupont Avenue North, who presented the committee's proposed changes to Section 12 -504, ELECTRIC SERVICE, OUTLETS AND FIXTURES. Mr. Higgins stated that FHA and VA standards for home approval are constantly changing and being upgraded. He recommended that the ordinance be kept in line with these standards by incorporating the committee's suggested wording. A lengthy discussion ensued relative to the wording in the present ordinance that allows 60 amp service as a condition of sale. Commissioner Hastings explained that if we used 100 amp service as a condition of sale, as FHA and VA require, we would force almost half of the people in Brooklyn Center to rewire their homes before they could sell them. Mr. Forstrom stated the committee waa concerned that people could upgrade their electrical service to only 60 amps and meet the requirements of the ordinance. They felt this was inadequate. Director of Planning and Inspection, Blair Tremere, stated that building permits require a person rewiring a home to upgrade that home to at least 100 amp service. He further stated that the point of the present ordinance is to allow people with at least 60 amp service to sell their homes on a "conventional basis". Mr. Higgins explained the committee °s proposals for an addition to Section 12-601, MINIMUM THERMAL STANDARDS. He stated that the wording of their pro- posal was identical to what will become future FHA and VA requirements, and the City should incorporate this change as a fuel conservation measure. Chairman Howard noted that the Housing Maintenance Ordinance is not designed to establish guidelines and requirements for selling homes. He further noted it is possible that such things may be included in the ordinance inffilae future, but felt we might be packing too much into the document by tying our ordinance in with numerous FHA and VA requirements and standards. Jackie Bateman, 5030 Ewing Avenue North, a member of the committee, noted her objection to tying the ordinance into many FHA and VA requirements. She stated that people should be allowed to sell their homes on a "conventional basis" without these requirements. Commissioner Haroldson left the table at 8:28 p.m. and returned at 8:30 p.m. Commissioner Howard then recognized Colin Kivi, 906 72nd Avenue North, also a member of the committee, who expressed his concern for the wording in Section 129704, particularly with respect to toxic paint. He noted that toxic paint is potentially dangerous to all people, not only to children. The present ordinance only refers to toxic pai t that is readily accessible to children, Mr. Kivi explained, Mr. Higgins stated that this section is really directed at lead -based paints and perhaps should refer to this specifically. The Commission recessed at 8:35 p.m. and resumed at Recess 8 :50 p.m. Chairman Howard recognized Mrs. Joyce Bimberg, 7013 Quail Avenue North, who along with her husband had submitted a written request for proposed changes. She stated that she recommends complete,deletion of Section 12 -802, PERMISSIBLE OCCUPANCY OF DWELLING UNIT, and Section 12 -805, PERMISSIBLE OCCUPANCY OF SLEEPING ROOMS. She further stated that these sections are too restrictive. Even though it is not the intent of the City, these sections have the effect of limiting the per- missible number of people in a family and to a certain extent, restricts people wishing to move into or live in this community. Chairman Howard asked Mrs. Bimberg to clarify the other proposal in her letter. She noted that there should be a section included in the ordinance that would make the City liable for a private citizen °s legal fees, if that citizen should challenge a compliance order in court and win a court judgment against the City. She further stated by having such a clause the City would be more responsible and less capricious in its enforcement of the ordinance. Chairman Howard noted there are ways for people to recover such expenses. He stated it is a person's legal right and responsibility to counter -sue In such instances. Mr. Higgins noted that the committee had a similar pro- posal to Mrs. Bimberges and it was included in their addition to Section 12 -1205. He further noted that the committee's recommendation would extend this liability not only to court judgments, but would also make the City liable for expenses if the City decides to cease in its attempts to enforce a compliance order prior to a court judgment. A lengthy discussion ensued relative to this point and the Director of Planning and Inspection responded by stating that there is some question as to the legality of including such a clause in an ordinance and that the City Attorney was presently looking into this matter. Mr. Forstrom stated the committee's recommendations regarding the occupancy sections of the ordinance. He noted that these were major concerns of the committee and stated that Sections 12 -802, 12-803, and 12 -805 should be modified according to their recommendations which would protect a homeowner °s right to live as he chooses. Chairman Howard then recognized Mr. Englert who voiced his opposition to Section 12 -804, MINIMUM CEILING HEIGHT. Englert noted that he intended to finish his basement. In all likelihood he would not be able to meet the six foot six inch minimum ceiling heighth requirement and, therefore, his finished base- ment would not be counted as a habitable room. He stated this room would be acceptable to him as a habitable room and would not affect the health and safety of his family, so he felt it should be accepted by the City as a habitable room. To overcome this problem Mr. Englert recommended that a five to ten per cent differential be used as a variance in this section of the ordinance. Jackie Bateman was recognized by the Chairman and she ecpreUsed her feelings concerning the committee's prcpc >3als for changes to Section 12-1001, ENFORCE MENT AND INSPECTION AUTHORITY. She noted that slxe strongly dislikes people coming into her home even if it E: to read the meters. She particularly diL likes the reference in the ordinance to inspections on a "scheduled basis". She stated that she under stood the reasoning for scheduled inspections of apartment and rental units, but she sees no need for the City to schedule inspections of owner occupied homes on a mass basis. The Director of Planning and Inspection stated that scheduled inspections mean that persons would be notified prior to the inspection to establish a convenient date and time for the inspection. Mr. Englert addressed himself t. the two proposed additions to Section 12-1001, stating that these additions would provide procedures for verification of inspectors and would also establish complaint procedures. He further stated that these are safeguards that will protect an individual's rights. Mr. Englert added that the ordinance should be given a two year trial test to see how it works. He noted that most citizens do not know much about the ordinance or how it will affect them. Chairman Howard replied to this by saying that the Housing Commission will be continually reviewing the ordinance and holding study sessions to improve it. He further stated that he sees no reason for including a termination date in the ordinance. Chairman Howard then recognized Mr. David Gee, 507 69th Avenue North, to explain the proposed amend- ments to Section 12-201, definition number 6. He asked Mr. Gee if he wanted the entire four -page submittal included in the ordinance. Mr. Gee stated that first of all he would like the number of permissible wards in the group or family home definition increased from five to six. He pointed out that the four -page submission was similar to an ordinance in Eden Prairie that refers to group or foster care homes and he would like it included. A lengthy discussion ensued as to the relevance of including Mr. Gee's proposal. The Director of Planning and Inspection stated that the number five used in the definition is in accordance with the present City Zoning Ordinance. He further stated that if a proposedetato law is enacted it would automatically supersede both our zoning and our housing ordinance. Commissioner Hastings stated that she supports wholeheartedly the work Mr. Gee is doing at his Outreach Home, but felt that Mr. Gee's proposal might be better incorporated into a separate ordinance relating to group and foster homes rather than to bury his proposal in the Housing Maintanance and Occupancy Ordinance. After reviewing all of the proposed changes to the Housing Ordinance, Chairman Howard asked if anyone else wished to be heard, thare..being none, the Chairman read into the record a note left by Mr. Jesse Sandoval, 5548 Logan Avenue North, in whin h Mr. Sandoval sug- gested that enforcement and application of this ordinance by the City be done with compa s sign toward individuals. Chairman Howard closed the public hearing at 10010 p.m. Public Hearing Closed Next Public Hearing Adjournment Chairman Howard noted that another public hearing would be held on April 29, 1975, at 7:30 p.m. in the Council Chambers at which time the Housing Commission would deliberate on their recommendations to the City Council. Motion by Commissioner Hastings and seconded by Commissioner Magnuson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Housing Commission adjourned at 10:15 p.m. Chairman