HomeMy WebLinkAbout2008 03-18 HCA AGENDA
BROOKLYN CENTER
HOUSING COMMISSION
March 18, 2008
7:00 p.m.
Council/Commission Room
Brooklyn Center City Hall
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes September 18, 2008
5. Chairperson's �teport
6. Council Liaison Report
7. Annual Election of Chairperson and
Appointment of Vice Chair
(See Enclosed Resolution Subdivision 6)
8. Staff Report on Rental Strategies Project
9. Information Item: An Ordinance Reiating To
Inoperable And Junk Vehicles; Amending
City Code Sections 19-1301 Through 19-
1307 (copy attached)
10. Other Business
1 l. Adjournment: 8:30 PM
RESOLUTION N0. 73-140
RESOLUTION NO. 75-97
RESOLUTION NO. 77-22
RESOLUTION NO. 87-131
RESOLUTION NO. 92-136
RESOLUTION NO. 95-79
RESOLUTION NO. 98-13
RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING
COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES
THEREFOR
WHEREAS, the hvusing situation in Brooklyn Center has reached a point in its
development which zequires a concentrated effort in the development of housing standards to
protect the quality of life in the community; and
WHEREAS, Brooklyn Center shows the beginning of some housing deterioration
and it is a common fact that deterioration can quickly reach a point where repair is no longer
feasible and deterioration will then spread to the entire neighborhood causing blight; and
WHEREAS, for a housing program to be successful, it must involve citizen
participation to tailor the program to the citizens of Brooklyn Center; and
WHEREAS, the City of Brooklyn Center being a progressive community, must
comrnit itself to the maintenance of quality housing for its citizens.
NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council
that there is hereby established within the City of Brooklyn Center an advisory Housing
Commission as follows:
Subdivision l. TITLE: This organization shall be known as the Brooklyn Center
Housing Commission. I
Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of I
advising the City Council and other Broaklyn Center advisory commissions
regarding matters relevant to housing.
Subdivision 3. PURPOSE: The general purpose of this Commission shall be to
afford citizen input in the development of a housing program to supplement the
activities of the City Council.
Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose,
the duties and responsibilities of the Commission shall be to:
1. Advise, investigate and review relevant matters for the City Council.
2. Develop an overall plan for housing in line with the comprehensive plan
for Brooklyn Center and the needs of the metropolitan area.
3. Serve as a forum for the citizens of Brooklyn Center to voice their
opinions regarding housing matters.
4. Work closely with the Planning Commission and all other commissions
on matters regarding housing.
5. Work with the neighborhood advisory committees of the Planning
Commission to understand the housing needs of each azea of Brooklyn
Center.
6. Develop and recommend standards for occupancy and maintenance of
housing for the community.
7. Study the feasibility of establishing an occupancy permit program in
conjunction with a housing maintenance code in Brooklyn Centez.
8. Investigate new and innovative concepts in housing for the community.
9. Develop and recommend programs which will provide quality housing
for low and moderate income citizens.
10. Develop and recommend a rehabilitation program as needed for existing
housing in Brooklyn Center, especially for major maintenance and
energy modernization projects.
11. Understand the financial resources available to the citizens in Brooklyn
Center as it relates to housing.
12. Investigate all housing programs in terms of life safety.
13. Provide education seminars for the citizens of Brooklyn Center in
matters of housing.
14. Serve as the initial review and advisory body for the Board of Appeals
regarding contested compliance orders pursuant to the Housing
Maintenance and Occupancy Ordinance, Sections 12-1202 and 12-1203.
-2-
15. Assist the Planning Commission in reviewing and discussing a
redevelopment policy for the City of Brooklyn Center, and make
recommendations to the City Council with regazd to redevelopment in
the City.
Subdivision 5. COMPOSITION: The Commission shall be composed of a
Chairperson and eight (8) members, all of whom shall be appointed and serve as
set forth in Subdivision 6.
Subdivision 6. MEMBERS METHOD OF SELECTION—TERM OF
OFFICE—REMOVAL:
Chaimerson: The Chairperson shall be elected by majority vote of the Housi.ng
Commission membership. The election shall be conducted at the Housing
Commission's first regular meeting of the calendar yeaz, or, in the case of a
vacancy, within two regulariy scheduled Housing Commission meetings from the
time a vacancy of the chair occurs. The Chairperson may be removed by majority
vote of the Housing Commission membership. The Chairperson shall assure
fulfillment of the following responsibilities in addition to those otherwise described
herein:
1. Preside over meetings of the Commission;
2. Appear or appoint a representative to appear, as necessary, before City
advisory commissions and the City Council to present the viewpoint of
the Commission in matters pertaining to housing, as it relates to
business under consideration by said commissions or City Council;
3. Review all official minutes of the City Council and other advisory
commissions for the purpose of informing the Housing Commission of
matters relevant to housing;
4. Provide liaison with other govemmental and voluntary organizations on
matters relevant to housing.
yace C�pers�: A Vice Chairperson shall be appointed annually by the
Chairperson from the members of the Commission. The Vice Chairperson shall
perform such duties as may be assigned by the Chairperson and shall assume the
responsibilities of the chair in the absence of the Chairperson.
Members' Term of Offi _P: Members of the Commission shall be appointed by the
Mayor with majority consent of the Council. The terms of office shall be
staggered three-year terrns, except that any person appointed to fill a vacancy
occurring prior to the expiration of the term for which his or her predecessor was
-3-
appointed shall be appointed only for the remainder of such term. Upon expiration
of his or her term of office, a member shall continue to serve until his or her
successor is appointed and shall have qualified. Terms of affice for members of
the Commission shall expire on December 31 of respective calendar years.
In the event an appoinied Commissioner suffers from an extended illness,
disability, or other aetivity preventing proper fulfillment of duties, responsibilities,
rules and regulations of the Commission, the Commissioner may be temporarily
replaced during the temporary leave by an interim Commissioner appointed by the
Mayor with majority consent of the City Council.
nual'fica ions for Membershin: Members of the Commission shall be residents of
the City of Braoklyn Center while serving on the Commission, shall have been
residents of said City for at least one yeaz prior to their appointment, and shall
represent a broad range of interest in the housing function.
�Fesent�t��n Reauirements: Due regard shall be given by the Mayor and City
Council in appointi.ng Commission members which will take into consideration
geographical distribution within the City, as described in Subdivision 11, and the
representative nature of the Commission in terms of gender, rel�gion, ethnic,
racial, age, handicapped, employee, and employer groups.
ro�flict of Interest: No Commissioner shall take part in the consideration of any
matter wherein he or she is the applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal wherein his or her interest
might reasonably be expected to affect his or her impartiality.
Ini i o' ent: The Commission under this resolution shall become effective
September 1, 1973, and shall con�ist of three members appointed for a term
through December 1974, three members appointed for a term through December
1975, and three members appointed for a term through December 1976.
Resignations—Removal fzom Offace—Vacancies: Commissioners may resign
voluntarily or may be removed from office by the Mayor with consent by majority
vote of the City Council. Three consecutive unexcused absences from the duly
called Commission meetings or unexcused absences from a majority of duly called
Commission meetings within one calendar year shall constitute automatic
resignation from office. The City Council liaison shall inform the Mayor and City
Council of such automatic resignations. Vacancies in the Commission shall be
filled by Mayoral appointment with majority consent of the City Council. The
procedure for filling Commission vacancies is as follows:
1. Notices of vacancies shall be posted for 30 days before any official City
Council action is taken;
-4-
2. Vacancies shall be announced in the City's o�cial newspaper;
3. Notices of vacancies shall be sent to all members of standing advisory
commissions;
4. Applications for Commission merribership must be obtained in the City
Clerk's office and must be submitted in writing to the City Clerk;
5. The City Clerk shall forward copies of the applications to the Mayor
and City Council;
6. The Mayor shall identify and include the nominee's application form in
the City Council agenda materials for the City Council meeting at
which the nominee is presented;
7. The City Council, by majority vote, may approve an appointment at the
City Council meeting at which the nominee is presented.
ComDe a ion: Commissioners shall serve without compensation.
Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such
rules and procedures not inconsistent with these provisions as may be necessary for
the proper execution and conduct of business.
Subdivision 8. MEETINGS: The initial meeting of the Commission shall be
convened at the call of the Chairperson during October 1973. Thereafter, regular
meetings shall be held with date and time to be determined by the Commission.
Special meetings may be called by the Chairperson.
Subdivision 9. STAFF: The City Manager shall assign one rnember of the
administrative staff to serve as staff to the Commission. The staff inember
assigned shall perform such clerical and research duties on behalf of the
commission as may be assigned by the Chairperson or the City Manager.
Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her
Councilperson-appointee shall serve as an ex officio member of the Commission,
privileged to speak on any matter but without a vote, and shall provide a liaison
between the Commission and the Ciry Council.
-5-
Subdivision 11. NEIGHBORHOODS:
Neighborhood� Described:
Southeast Neighborhood: The Southeast neighborhood shall be bordered on the
south by the south city limits; on the east by the Mississippi River; on the north by
FAI-94; and on the west by Shingle Creek.
Northeast Neighborhood: The Northeast neighborhood shall be bordered on the
south by FAI-94; on the east by the Mississippi River; on the north by the north
city limits; and on the west by Shingle Creek.
Northwest Neighborhood: The Northwest neighborhood shall be bordered on the
south by FAI-94; on the east by Shingle Creek; on the north by the north city
limits; and on the west by the west city limits.
West Central Neighborhood: The West Central neighborhood shall be bordered
on the south by County Road 10; on the east by Brooklyn Boulevard; on the north
by FAI-94; and on the west by the west city limits.
Central Neighborhood: The Central neighborhood shall be bordered on the south
by County Road 10; on the east by Shingle Creek; on the north by FAI-94; and on
the west by Brooklyn Boulevard.
Southwest Neighborhood: The Southwest neighborhood shall be bordered on the
south by the south city limits; on the east by Shingle Creek; on the north by
County Road 10; and on the west by the west city limits.
Neighborhood Advisory Committees: Commissioners shall be assigned by the
Chairperson as liaison to neighborhood advisory committees of the Planning
Commission. It will then be a responsibility of each neighborhood advisory
committee of the Planning Commission to review housing matters and present the
neighborhood attitudes and opuvons on general and specific housing programs
directly affecting that neighborhood.
-6-
Q
�!1
�i� �i
l� •t
r•}
�1
�,:.{?:K,:,.y,� �AI
n
f'� `,�,,;:;a,,, A
i :�:s ■w��w a a■i
��w a i
's- �'�+w �1 w:�
�n�:' s
l� il
r �F�� I
S� �•!�l
►�11 4 .°:�l:
i �1! i
l�� A i `�1i
ai �.1
�ai
v
;v�..
l�: s���—�:!%i`i:•.
1 A' i'r�\t
��Yi :�ll
il aes h.`�� 1V�'r��
•d` �y �t 1V i fry
l:Sfr�
t RJ
j�
s�!
'�i�.>>a
5�����
t� �:�.�:.�,_31� a�
�'-�t`�
i�i�.• i
�i+
❖o...❖.
A :•.�sss;.:.�o
���':�E.
7 P!� .t:,::
iii *�!I
s,� I i�
t�'!�
H
s °'q•�r,r��
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 24�' day of March, 2008, at 7:00
p.m. at City Hall, 6301 Shingle Creek Pazkway, to consider an ordinance regulahng inoperable
and junk vehicles.
Aw�ciliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO INOPERA.BLE AND NNK VEHICLES;
AMENDING CITY CODE SECTIONS 19-1301 THROUGH 19-1307
THE CITY COUNCIL OF TI� CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section l. Brooklyn Center Code Sections 19-1301 through 19-1307 are amended, and
new Section 19-1304.5 is added as follows:
Section 19-1301. INTENT AND CONSTRUCTION. The collection of unused and
unusable motor vehicle bodies, parts, engines and related accessories having become a common
occurrence in the community, and such collection having become a source of danger to the
physical and mental well being of children and adults within the community, and such collection
having become a visual bli¢ht and source of concern and complaint by citizens of the
comrnunity, this vehicle ordinance is enacted for the purpose of prohibiting the collection and
maintaining of such motor vehicle bodies, parts, engines and related accessories. Nothin� in
Sections 19-1301 throueh 19-1307 is intended to restrict the abatement of abandoned vehicles as
regulated in Citv Code Section 19-1001 or the towin� of illesallv nazked vehicles under Citv
Code. Section 27-121.
Section 19-1302. DEFINITIONS. The following words and terms are defined as follows:
a. PERSON: �e�se�r-�s sAny natural person, nroneriv owner. teIIant, occunant.
lessee, firm, association, partnership or corporation, and agent of any of the aforesaid,
except duly licensed new and used car dealers, while engaged in the lawful operation
of their business.
b. IMPOLJND. To take and hold a vehicle in leeal custodv.
c. INOPERABLE OR JLTNK VEHICLE: 17 aAny �e�e� vehicle that�sk
�s does not have a current vehicle �e�� license� for operation within the State of
Minnesota�, +�.e r,r;.. e..�. e ea ,.+,�e ..+„�e
or that�� is not in operable condition; or that is nlaced
on iacks. blocks or other sur�norts: or thai�s� is partially dismantled; or that�
is used for sale of parts, or as a source of repair or replacement parts for other
vehicles; or that�isl� is kept for scrapping, dismantling, or salvage of any kind; or
that is otherwise in a condition that renders it unlawful to operate on nublic streets in
the State of Minnesota..
Page 3 of 6
d. VEHICLE: An�� vehicle, motor vehicle, semi-trailer, or trailer as defined in M.S.
169.01, as it ma� be amended from time to time, includin�? pioneer, classic collector,
and street rod vehicles, demolition vehicleeT r �esigned to trave a10 e the Qround bv
pronelled bv vower other than human pow
use of wheels. treads, rwiners or slides and trans�ort oersons or oronertv or null
machinerv. It also includes, without limitation, automobile, truck, trailer, motorcucle
and tractor.
Section 19-1303., PARKING AND STORAGE.
lace or store, or pernut the parking or storage of an inoverable or
�No person shall pazk, keep, p
iunk vehicle on a public street, e� alley. or nublic �rouertv in the Cit� for more than 6 hours or on
any private lands or premises in the cit� for lon+�er than 48 hours,
se�e}s with the followine excentions:
a, �ess the vehicle s�e is located within an enclosed building on such premises;
or
b, the vehicle is located on �cessar� the overat on of such business en er�riseaor�
nlace and manner, when ne
c, the vehicle is located in an a�propriate stora�e nlace or deoositorv maintained m a
lawful vlace and manner by the citv.
Section 19-1304. STOR.AGE OF PARTS, ENGINES essones on a bD streeEosall�ey
No person sha11 store or keep parts, engmes and related acc p ��ess such
on any private lands or premises in the citv
parts, engines, and related accessories are kept or stored within an enclosed building in
connnliance with citU codes.
Section 19-1304.5. ABATEMENT OF AN INOPERABLE O R n and m be
vehicle found m violation of Section 19-1303 is considered a uu
imnounded bv the Citv Manaeer or the ManaQer's desi�nated a�ent. Vehicles that are in
violation of Section 19-1303 onlv bv reason of failure to be �rot�erlv licensed will not be,
unnounded unti190 days after exoiration of the vehicle s hcense.
a. Notice and hearin4. Before imt�oundin� a i unk vehicle or inoverable vehicle, the,
Mana�er or desi�nated a�ent must �ive 10 davs written notice throu�h service b�
mail. bv nasting a notice on the vrouertv, or bv �ersonal deliverv to the owner of, or
nerson in control of, the propertv on which the vehicle is located. When the,
nrovertv is occuvied, service unon the occuoant is deemed service u�on the owner.
Where the aropertv is unoccuvied or abandoned, service m�e �r nertv. l, I h notice
known owner of record of the aronertv or bv nostme on
must state:
(11 A descrivtion of the vehicle;,
Fage 4 of 6
(21 That the vehicle must be moved or nronerlv stored or otherwise brou�ht into
comnliance with Section 19-1303 within 10 davs of service of the notice:
f31 That if the vehicle is not removed or nronerlv stored or otherwise brousht into
comnliance with Section 19-1303 as ordered. the vehicle will be towed and
ixnvounded at an identified location:
(41 That the vehicle mav be reclaimed in accordance with the nrocedures
contained in M.S. &168B.07 or disnosed of in accordance with
M.S. &168B.08:
(51 That the nronertv owner is responsible for anv costs associated with the
abatement. includine anv administrative fees: and
(61 That the owner of the vehicle or the owner of or person in control of the
nronertv on which the vehicle is located mav make a reauest in writing for a
hearin� before the Citv Manager or the Manaser's desi�nated a�ent.
b. Hearine, action. If a hearin� is reauested durin� the 10-dav neriod. the Citv
Manager or the Mana�er's desi�nated a�ent must nromntiv schedule the hearins.
and no further action on the towin� and imz�oundment of the vehicle mav be taken
until the Citv Mana�er's decision is rendered. At the conclusion of the scheduled
hearins. the Citv Mana�er or the Mana�er's desi¢nated a�ent mav (11 cancel the
notice to remove the vehicle: (21 modifv the notice: or (31 affirm the notice to
remove. snecifvin� the date bv which the vehicle must be removed. If the notice is
modified or affirmed, the vehicle must be disposed of in accordance with the
written order of the Citv Mana�er or the Mana�er's desi�nated a�ent.
c. Imnoundine nrocedures. The imuounded vehicle will be surrendered to the owner
bv the towint contractor onlv unon navment of the reauired imnound. towing and
storage fees. Vehicle imnounding will be conducted in accordance with M.S. Ch.
168B. eovernine the sale of abandoned motor vehicles.
d. Assessment of administrative costs. The citv costs of abatement shall be a lien
a�ainst the real esta.te on which the nuisance existed and mav be levied and
collected as a sbecial assessment in the manner provided bv M.S. 429.101. All
the nrovisions of M.S. 429.101 aze incorporated bv reference.
Section 19-1305. CONSTRUCTION AND APPLICATION. Nothing in ��se
Sections 19-1301 through 19-1307 shall be construed to permit any act prohibited by any other
ordinance, sta.tute, or rule of law.
Section 19-1306. SEPARABILITY. Should any section, subdivision, clause, or other
provision of Sections 19-1301 throu�h 19-1307fi���e be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of Sections 19-
1301 throu�h 19-1307 as a whole nor of any part thereof other than the part so
declared to be invalid.
Section 19-1307. PENALTY. Any person violating the provisions of Sections 19-1301
throu�h 19-1307�1�s-e�a�ee, upon conviction, shall be �uiltv of a misdemeanor�ske�}-�
�ne-�f fin� m�r�tl�s�n nx��thranrin nnm a i� �on
�rvvc7--c�rn �acnc�E)c-cA-2iEf3
�wy., 1.,.+1, ♦...�e+L.o.. ,;+i, �l,o .,4'..
ua.� w£ r..v w
Page 5 of 6
Sechon 2. This O
rdinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of 2008.
Mayor
ATTEST:
City Clerk
Date of Publication:
EfFective Date:
(Underlinin� indicates new matter; s�l�i�:g� indicates deleted material.)
Page 6 of 6