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HomeMy WebLinkAbout1989-254 CCR1 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 89- 254 RESOLUTION REGARDING THE RENTAL DWELLING LICENSE FOR 6525, 6527, 6529 NORTH WILLOW LANE WHEREAS, the City of Brooklyn Center has adopted a Housing Maintenance and Occupancy Ordinance (Chapter 12 of the City Ordinances) setting forth minimum standards for the maintenance of all buildings used in whole, or in part, as a home or residence, or as an accessory structure thereto and the premises upon which such structures are placed; and WHEREAS, Section 12 -901 of said ordinance requires a person to obtain a license from the City of Brooklyn Center to operate a rental dwelling within the City of Brooklyn Center, said operating license to be renewed biennially following the initial licensing period; and WHEREAS, Section 12 -905 of' said ordinance states: "No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota;" and WHEREAS, Mr. Irwin Ketroser, Parkdale 4 Suite 110, 5350 Gamble Drive, St. Louis Park, Minnesota, is the owner of record and operator of a rental dwelling complex containing 18 dwelling units at 6525, 6527, 6529 North Willow Lane in Brooklyn Center; and WHEREAS, Mr. Ketroser's rental dwelling license to operate said rental dwelling expired on July 31, 1988; and WHEREAS, the City Council of the City of Brooklyn Center on October 10, 1988 gave special consideration to the renewal of the rental dwelling license for said apartment complex, reviewed the report and recommendation of the Director of Planning and Inspection regarding the maintenance of the property; noted the written assurances of Mr. Ketroser that all outstanding housing maintenance deficiencies would be corrected within a reasonable time; and WHEREAS, the City Council on October 10, 1988 approved the renewal of the rental dwelling license for Mr. Ketroser provided the building be brought into compliance with the Housing Maintenance and Occupancy Ordinance and a report to that affect be given to the City Council within one year; and WHEREAS, said rental dwelling has been inspected pursuant to the requirements of the Housing Maintenance and Occupancy Ordinance and pursuant to the Council's request for review within one year of their October 10, 1988 renewal; and WHEREAS, the Director of Planning and Inspection has provided the City Council with a report updating the status of the maintenance at 6525, 6527, 6529 North Willow Lane; and 1 1 RESOLUTION NO. 89- 254 WHEREAS, the Director of Planning and Inspection pursuant to Section 23- 003 of the City Ordinances has recommended in writing to the City Council that the rental dwelling license for said complex be disapproved based on the fact that the rental dwelling and its premises do not conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota, that the complex is not being maintained consistent with the minimum standards contained in the Housing Maintenance and Occupancy Ordinance, and that the owner of the property has not lived up to his agreement to correct the problems existing in September and October of 1988; and WHEREAS, pursuant to Section 23 -004 of the City Ordinances, the Director of Planning and Inspection, in a notice sent on September 29, 1989, informed Mr. Ketroser of the following: 1. The nature of' his recommendation to disapprove the rental dwelling license renewal; 2. That the City Council would consider Mr. Ketroser's rental dwelling license renewal on Monday, October 9, 1989 in the Brooklyn Center City Council Chambers at approximately 7:45 p.m.; 3. That Mr. Ketroser had the right to appear before the City Council in support of his license application; and WHEREAS, Mr. Ketroser did appear before the City Council on October 9, 1989 in support of his rental dwelling license; and WHEREAS, the City Council of the City of Brooklyn Center considered Mr. Ketroser's comments, the comments of numerous neighbors who appeared before the City Council on October 9, 1989 to express their concern regarding the lack of maintenance at the complex, and the reports and recorrmendations of the Director of' Planning and Inspection; and WHEREAS, at the hearing, the Council was informed that several of the deficiencies listed in the report of the Director of Planning and Inspection and the attached memorandum from Dave Fisher, Housing Inspector to the Director of Planning and Inspection dated September 28, 1989 had been remedied or improved between September 28, 1989 and October 9, 1989. Several trees had been removed or trimmed, the grass had been cut, and lights had been replaced. However, most of the deficiencies described in the reports were not corrected as of' the date of the hearing; and WHEREAS, the City Council on October 9, 1989 directed the staff' to prepare a resolution denying the rental dwelling license for 6525, 6527, 6529 North Willow Lane to be presented to the City Council at their November 13, 1989 meeting; and WHEREAS, said resolution was prepared and considered by the City Council on November 13, 1989; and WHEREAS, Mr. Ketroser appeared at the November 13, 1989 City Council meeting noting that he had corrected some of the Housing Maintenance and Occupancy Ordinance violations; that he had retained an experienced individual to manage the operation and would correct all of the remaining ordinance violations within a reasonable time; and that he was willing to post a financial guarantee to assure that the remaining deficiencies would be corrected in order to persuade the City Council to continue the rental dwelling license for the complex; and 1 1 1 RESOLUTION NO. 89- 254 WHEREAS, the City Council on November 13, 1989 continued its consideration of' the denial of said rental license until December 18, 1989 in order to allow Mr. Ketroser and the staff the opportunity to work out an agreement to correct the remaining ordinance violations, including a financial guarantee to assure completion of these corrections, so that the rental dwelling license for 6525, 6527, 6529 North Willow Lane might be continued. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings: 1. That the ordinance provisions regarding the consideration of the rental dwelling license for Mr. Irwin Ketroser to operate a rental dwelling at 6525, 6527, and 6529 North Willow Lane have been met. 2. That Mr. Ketroser has been given the ordinance required notice and the opportunity to appear before the City Council in support of his license renewal. 3. That the City Council on October 9, 1989 reviewed the report of the Director of Planning and Inspection recommending disapproval of the license renewal, heard comments from Mr. Ketroser in support of the license renewal and received numerous complaints regarding the lack of maintenance at the complex from neighbors living in the immediate neighborhood. 4. That the City Council concludes that the rental dwelling at 6525, 6527, and 6529 North Willow Lane is not in compliance with the City's Housing Maintenance and Occupancy Ordinance due to deficiencies set forth in the report of the Director of' Planning and Inspection and the attachments thereto. 5. That Mr. Ketroser has violated, or failed to comply with ordinances, statutes or legal directives regarding the operation of the rental dwelling at 6525, 6527, 6529 North Willow Lane. 6. That Mr. Ketroser has failed to correct or remove ordinance violations within a reasonable period of time after notice to do so. 7. That Mr. Ketroser has shown that he is unwilling or unable to maintain a rental dwelling in accordance with the minimum standards outlined in the City's Housing Maintenance and Occupancy Ordinance. 8. That the continued operation of said rental dwelling in the manner outlined above, constitutes a substantial threat to the public peace, health, safety or welfare. 9. That Mr. Ketroser has urged the City Council to continue the rental dwelling license for said complex by agreeing to execute an agreement requiring the correction of all outstanding ordinance violations by June 30, 1990 and post a financial guarantee in the amount of $6,000.00 to assure the completion of these corrections by said date. 1 1 RESOLUTION NO. 89- 254 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the rental dwelling license of Mr. Irwin Ketroser to operate the rental dwelling at 6525, 6527, 6529 North Willow Lane is hereby continued through the normal licensing period provided Mr. Irwin Ketroser, owner of said complex, execute an agreement to correct all remaining ordinance violations and post an appropriate financial guarantee to assure the completion of this work. December 18, 1989 Date ATTEST: -9� Clerk Mayo The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.