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HomeMy WebLinkAbout2005 05-17 HCM MINUTES OF THE PROCEEDINGS OF THE HOUSING COMI��IISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION MAY 17, 2005 COUNCII, COMMISSION ROOM CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Thorbus at 7:00 p.m. ROLL CALL Chairperson Judy Thorbus, Commissioners Kris Lawrence-Anderson, David Johnson, Stau Leino, Jean Schuster and Mazk Yelich. Also present were Council Liaison Mary O'Connor, Councilmember Diane Niesen, Councilmember Kathleen Carmody and Community Development Specialist Tom Bublitz. APPROVAL OFAGENDA There was a motion by Commissioner Johnson and seconded by Commissioner Yelich to approve the agenda as su6mitted. The motion passed. APPROVAL OF MINUTES MARCH 1 S, 2005 There was a motion by Commissioner Johnson and seconded by Commissioner Schuster to approve the minutes of the March 15, 2005 Housing Commission meeting. The motion passed. CHAIRPERSONS REPORT Chairperson Thorbus brought to the attention of Commission members newspaper articles on the City of Blaine's development and another on assisted living brought in by Commissioner Schuster. She also brought to the attention of Commission members an article on St. Therese of New Hope building senior housing in Brooklyn Park. COUNCIL LIAISONREPORT Councilmember O'Connor noted that the Council acting as the Board of Review had reviewed market prices of homes in the city and generally sustained the Assessor's recommendation pointing out that in one instance the value of the property was lowered. Councilmember O'Connor also reviewed the Unity Place project where the non-profit owning Unity Place is refinancing and rehabilitating the project by issuing housing revenue bonds. DISCUSSIONOFITEMSRELATIVE TO THE CITY'S RENTAL LICENSEAND REVIEW OF THE ORDINANCERELATING TO RENTAL DWELLINGSAND NON-CONFORMING USES Councilmember Niesen distributed a memorandum to the Brooklyn Center Housing Commissions members dated May 5, 2005 regazding questions and comments on Brooklyn Center Ordinance No. 12, Building Maintenance and Occupancy. She expressed concerns over Chapter 12 and began reviewing her memorandum. She pointed out that she could not find an ordinance or law similar to Brooklyn Center's ordinance and pointed out that it appears that Brooklyn Center's housing laws differ greatly from other cities as described in the May 5�' memorandum. She also expressed a concern that there is no court to which the housing law can be appealed. -1- Councilmember Niesen then pointed out that she was impressed with the City of New Brighton's ordinance and noted that it had a clear table of contents and suggested that if Chapter 12 is revised it should contain a clear table of contents.. Councilmember Niesen then pointed out that the City of New Brighton regulates rental properties if they are triplexes or larger. She then explained she believed that if a property is rented out with no owner occupant in any part of the property it is a different situation than if a portion of the properiy is owner occupied. Councilmember Niesen briefly discussed the Council's authority and Housing Commission's authority with regard to rental housing in the city. The Community Development Specialist pointed out the Housing Commission's past involvexnent in Chapter 12 appeals and that the ultimate appeal under Chapter 12 is to the court system. Councilmember Niesen then distributed a copy of a letter she had received from the City relative to her situation with regard to Chapter 12. Commissioner Johnson expressed concem about a number of items relative to Chapter 12 enforcement includi.ng code violations not being corrected in a timely manner and numerous homes being purchase by investors for rental properties. Councilmember Niesen then addressed the issue of the defuution of a family in the ordinance and noted it is difficult to enforce this provision. The Commission and o C uncilmember Niesen connnued a discussion of the city s rental orduiance including the definition of a duplex, the definition of a family and definition of a rental business. Commissioner Johnson expressed a concern for the deteriora.tion of housing in the city and noted that it seems to be occurring more rapidly. The Commission discussed the city's housing code and how it is structured. Commissioner Leino commented that the discussion seems to be moving towards reworking the City's entire Chapter 12 ordinance and he inquired as to how much staff time that would take. Commissioner Johnson stated he believes the city should regulate rental property with regard to health and safety issues and stressed the importance of that type of regulation. Councilmember Niesen stated she believes there are redundancies and inconsistencies in the city's ordinance such as the definition of a family. She pointed out that, with regard to the proposal on the table for the Housing Commission consideration, the provision that concerns her most is the annual certification. In addition to reviewing the ordinance before the Commission this evening, Councilmember Niesen also suggested that the Commission should look at Chapter 12 in total. Commissioner Yelich commented that the ordinance amendment before the Commission this evening gives the city a way to track two family rental properties. The ordinance is designed to track the properties through a certification process so if you sell the house at some future time, it can be -2- sold as a rental property if the certification process is complied with. He indicated his concerns were about how duplexes aze defined in the city ordinance, noting it is not cleaz. Commissioner Johnson pointed out that he believes paying rent constitutes a business obligation. Commissioner Leino added that another key is whether there is a lease involved in the relationship. Commissioner Yelich commented that he believes that there should a clear definition of duplex stated in the ordinance. Commissioner Thorbus thanked Councilmember Niesen for her comments this evening. After a brief discussion there was a general consensus that, given the lateness of the hour, the Commission should meet in a separate special meeting to determine their recommendation on the ordinance •amendment before them this evening. There was a motion by Commissioner Leino and seconded by Commissioner Lawrence-Anderson to meet on June 6, 2005 to discuss the ordinance relating to rental dwellings and non-conforming uses; amending city code Sections 12-901, 12-902 and 35-111. The motion passed. UPDATE ON OPPORTUNITYSITE TASS FORCE The Community Development Specialist passed out information on the most recent task force meeting to Housing Comxnission members. DISCUS,SION OF CHAPTER 12 This item was deferred to a future meeting. Commissioner Yelich stated he would like to revisit the calls for service issue at some point in the future and have Lieutenant Benner attend a Housing Commission meeting. OTHER Bi�SINESS The Housing Commission briefly discussed the Housing Commission's priorities including a joint meeting with the Planning Commission. There was no other business addressed by the Commission. ADJOURNMENT There was a motion by Commissioner Yelich and seconded by Commissioner Leino to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 9:00 p.m. �Cha an -3-