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HomeMy WebLinkAbout2000 11-21 HCM MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION NOVEMBER 21, 2000 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Erickson at 7 p.m. ROLL CALL Chairperson Ernie Erickson, Cc�mmissioners Martin Frawley, Dennis Snook, Kathleen Carmody, Michael VonDeLinde, and Mark Yelich. Also present were Council Liaison Bob Peppe, Community Development Specialist Tom Bublitz and Building Off'icial David Fisher. Also in attendance at the meeting was Mr. Bob Vose, representing the City Attorney's off'ice from the Kennedy and Graven Law Firm. Additionally, Mr. John Bunch, 2705 Xanthus Lane Plymouth, Minnesota was in attendance at the meeting regarding his appeal to Chapter 12 of the City Ordinances. Commissioners Shawn Taylor and Elizabeth Davis were ill this evening and were absent and excused from the meeting. Commissioner Lloyd Deuel was out of the state this evening and was absent and excused from the meeting. APPROVAL OF AGENDA There was a motion by Commissioner Carmody and seconded by Commissioner VonDeLinde to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES October 17, 2000 Commissioner Carmody noted that the references to City Attorney in the October 17, 2000 minutes under Staff Report and Commission Discussion Regarding Review of City Ordinances should be changed to City Prosecutor. There was a motion by Commissioner Carmody and seconded by Commissioner Yelich to approve the November 21, 2000 Housing Commission minutes as amended. The motion passed. CHAIRPERSON REPORT Chairperson Erickson stated that in this evenings Chairperson's Report he wanted to address the 11-21-00 -1- next item on the agenda and that he would like the Commission to follow the public hearing process where staff and Mr. Bunch are both given an opportunity to present their positions. Mr. Vose, representing the City Attorney's office, recommended that the Commission review each item on the appealed Compliance Order point by point one after another. Mr. John Bunch addressed the Chair and stated that he actually has two appeals and asked that the meeting tonight be postponed to allow him more time to prepare information to present to the Housing Commission. He noted that he had requested to Mr. Bublitz to postpone his hearing date to December but that Mr. Bublitz would not allow him to defer the appeal until that time. He also showed the Chair and Commission Members two packets of information that had been sent to him from Mr. Bublitz and noted that he has not had time to review the documents contained in these envelopes and again requested the meeting be postponed. Chairperson Erickson explained that one of the reasons for not deferring the meeting to ?)ec�r.�ber was �at the C�msnission s�metian�s has a difficult time obtaining a quoru�n aro��nci the holiday season. The Community Development Specialist explained to the Chair and Commission Members that Mr. Bunch had requested the meeting be deferred to a later time and that he did not allow the meeting to be changed to a later date. He also noted that most of the information mailed to Mr. Bunch in the envelopes he showed to the Commission were documents that had either been prepared by Mr. Bunch or copies of Compliance Orders already sent to Mr. Bunch. He noted the only new information was the Housing Commission agenda packet and some additional information Mr. Bunch had requested including a job description of the Housing Inspector, a two page check list for conducting housing inspections. He noted additionally, the mailing included another copy of Chapter 12 which Mr. Bunch had already received previous to these mailings. Mr. Vose from the City Attorney's office noted that the earlier appeal submitted by Mr. Bunch with regard to a September 28, 2000 Compliance Order addressed Mr. Bunch's lack of a rental license for his property. He explained it is not the Housing Commission's role this evening to review that appeal and the Commission should address the second appeal only which is an appeal issued to Mr. Bunch and dated October 18, 2000. He emphasized that the only thing before the Commission .this evening should be a determination as to whether or not staff correctly interpreted the City Ordinances as it applied to the violations specified in the Compliance Order of October 18, 2000. Mr. Bunch again requested the Commission to table consideration of the appeal to the next meeting. Discussion ensued among Commission Members regarding the Commission's schedule for the next month and it was noted that the Commission had additional business to consider in December along with the fact that it is sometimes difficult to get a quorum when the meeting date 11-21-00 -2- is so close to the holiday season. Mr. Bunch stated that he did not have time to review the documents contained m the ma�lmg sent to him by Mr. Bublitz and he requested additional time. Commissioner Carmody noted that Commission Members did not receive their packets until Saturday but made time to review the materiaL The Housing Commission began its review of the October 18, 2000 Compliance Order sent to Mr. John Bunch regarding 5630 Bryant Avenue North. In reference to page two of the Compliance Order, Mr. Vose, representing the City Attorney's office, noted the Commission does not need to address the paragraph addressing Section 12-901 through 12-902. He stated the Commission should limit its review to the 17 compliance items listed in the Compliance Order. Chairperson Erickson recognized Mr. David Fisher, the City's Building O�cial who indicated to the Commission that the first three compliance items, 12-401 "secure draft hood to the water heater," 12-401 "repair/replace leaking water heater" and 12-303 "remove miscellaneous clotliing and stored items to three feet from water heater and furnace," could be removed from the Compliance Order since they have been corrected. Commission members moved to the next compliance item which was 12-406, "install handrail to basement stairs." The Building Off'icial asked Mr. Bunch whether or not the handrail was installed at the present time. Mr. Bunch replied that the handrail was there but was removed by the tenants. He explained the tenants removed the handrail and indicated they would put it back. Commissioner Carmody suggested that the compliance item could be amended to say replace not install since a handrail was already there. Mr. Bunch questioned, if the occupant removes the handrail why should the owner rather than the occupant be cited under the code. Chairperson Erickson informed Mr. Bunch that ultimately, an owner is responsible for reinstalling a handrail. Mr. Vose reminded the Commission that the scope of the Housing Commission's review is whether the Ciry Inspector properly interpreted the City Code with regard to the October 18, 2000 Compliance Order and the mitigating factor of whether the tenant removed the handrail or not is not relevant to the Commission's role in reviewing the Compliance Order. Mr. Bunch stated that the first three items in the Compliance Order, as indicated previously, could be skipped since they have been corrected. The Building O�cial confirmed this and noted that the first three items are currently, to his knowledge, in compliance. 11-21-00 -3- Commissioner Carmody noted that since the next item is "install handrail to basement stairs," is again listed later in the Compliance Order as "replace handrail to basement stairs," the fourth item could be crossed out in favor of the compliance item listed later in the order. The next item reviewed by the Commission was item 12-601, "install heat register covers in kitchen and bedrooms." Mr. Bunch stated that the heat register covers were done in January. He noted that at the time the inspector put these in the Compliance Order the heat registers were removed because the floor was being worked on. He stated he does not think it is reasonable to put items �n a Compliance Order that were already corrected. Mr. Bunch stated that he had obtained a rental license before, and had worked with Janine Atchison. He stated that Mr. Lovelace did inspections differently than Ms. Atchison. Co�n:s:�i�ne� Carmody inquired svhat vvas diff�rznt abcru�� the way inspections were do�e previously. The Building Official replied that the properry was vacant when Janine Atchison did her inspection. Mr. Bunch conf'umed this and stated that when he purchased the house it was a "fixer upper" and Janine Atchison did the inspection at that time. Mr. Bunch stated that an example of one of the things she required at the tune was installation of hardwired smoke dete�tors. He noted that she handled the inspection informally and he did not receive anything in writing from her. Subsequently, Mr. Bunch noted that Janine Atchison left for another job and Ed Lovelace came out to inspect the property. He noted that at that time he thought he had a a rental license that was renewed at this point. He explained the inspection done on December 30, 1999 was for renewal of the license and he indicated he was with the Housing Inspector at the time of the inspection. Mr. Vose reminded the Commission that the situation of the renewal application is irrelevant to the commission's job in addressing this appeal. He noted the Housing Commission's role is to determine whether the Code Compliance Order was interpreted correctly by the inspector and to advise the City Council accordingly. The Housing Commission returned to the Compliance Order list and addressed 12-601, "install heat register eovers in kitchen and bedrooms." Mr. Bunch stated that he does not see any specific reference to heat registers in 12-601. The Building Official replied that this sections applies to thermal standards and heat registers adjust the flow of air to rooms and therefore it does apply. Chairperson Erickson moved on to the next compliance item which was 12-709, "install closet doors in bedrooms." Mr. Bunch replied that the closet doors were done also. The Building Official commented that in his estimation, if facilities are provided, such as doors, they must be installed and in working order. Mr. Bunch replied that the closet doors are back on, that they were on in June, and does 11-21-00 -4- i not know why this item is here. Commissioner Yelich commented that 12 709 with regard to doors is �rrelevant smce they are not required. Chairperson Erickson stated it was his understanding that this item has not been reinspected but that it was a moot issue based on the fact that no doors would be required. The Building Official commented that no closet doors would be required under the housing code and that this item could be removed from the compliance order. The Commission next addressed item 12-504 "install wall outlet cover in master bedroom." The Building Official noted that wall outlet covers are life safety issues and they need to be done. The next item reviewed was 12-402-1 "repair water leak below kitchen sink (will cause structural daanage to the �.00r)." Mr. Bunch inquired whether ?2-402-1 applies when. it is a siinple �a±er leak. Chairperson Erickson commented that a water leak is not that specifically defined and the water could be coming from a sewer leak which could be a serious health issue. Mr. Bunch stated that he agrees with 12-402-1 as per the ordinance. The Commission next reviewed item 12-402-3 "repair water leak below refrigerator (will cause structural damage to the floor)." Chairperson Erickson inquired whether this particular refrigerator contained an ice maker. Mr. Bunch stated that it did not and he added that he did not see any additionai water on the floor after Mr. Lovelace had noticed it in his inspection. Commissioner Carmody reminded the Commission of its role to interpret the compliance item and inquired whether 12-402-3 fits the de�nition of the code item addressed. Mr. Bunch stated that there was no water leak and there is nothing to repair. The Building Official noted that there may not be a leak if there is not a problem with the refrigerator. Mr. Vose stated that the facts indicate there is a leak and if there is a leak the question is whether 12-402-3 applies. He added that he believes there are enough facts regarding the item before the Commission to decide. The Commission next reviewed item 12-703, "replace missing living room and office closet doors." The Building Off'icial noted that as with the previous item regarding installation of 11-21-00 -5- interior doors m bedrooms, this item can be removed as there are no requ�rements for doors in the living room and office closet. The Commission next reviewed item 12-709 "replace base in kitchen and bathroom." The Building Official commented that 12-709 is not the correct place to put this under the ordinance and it should be under 12-704. Mr. Vose noted that the Housing Commission should recommend to the City Council that item 12-709 should be placed under 12-704 as the correct citation for the Compliance Order: Mr. Bunch stated that unless there is vermin present he does not think there needs to be a base installed. The Building Off'icial explained 12-704 addresses walls and the base protects linoleum, 12-704 addresses the base and the base is considered part of the wall. Mr. Bunch stated he does not agree with this interpretation and believes the base is not mentioned in 12-704. �'��nissior �ext review e� cornpli�n�e itern 12=70� �"check the source of sand faliing u��c basement and repair." Mr. Bunch stated a ramp had been installed outside of the back door of the property for handicapped access and that it had been installed near a basement window. He noted the basement window came out and sand from outside could come in the window possibly during the construction of the handicapped ramp. The Comxnission next reviewed compliance item 12-702 "replace aluminum fascia and missing trim front." Mr. Bunch stated that his house has vinyl siding with aluminum fascia and that a� piece of the aluminum came loose in the front of the house. The Building Official stated that he agrees that 12-702 is the correct part of the code to describe this item. He noted 12-702 addresses protecting exterior walls. Commissioner Frawley pointed out line four of the code section which noted that the walls should be free of anything that could admit rain or dampness to the interior. Mr. Bunch agreed that 12-702 applies in this case. The Commission moved to the next compliance item which was 12-703 "replace screen doar rear." Mr. Bunch stated that the screen door is a combination screen and storm door and added that he believes it closes properly. He agreed that 12-703 is the proper code citation in this case. Commissioner Carmody commented to Mr. Bunch that how you resolve this is up to you but the Housing Commission's concern is whether the inspector interpreted the code correctly. Mr. Bunch inquired whether the Compliance Order could be amended to be more specific. 11-21-00 -6- Commissioner Carmody noted that this issue is between the owner and the inspector. S Mr Bunch stated that he believes the Compliance Order mdicates that he should put another door on rather than fix the existing door. Commissioner Carmody again reminded Mr. Bunch that if this is a repair item he should deal with the inspector. The Commission moved on to the next item on the Compliance Order which was 12-702 "repair or replace damaged siding (a moisture entrance point) all sides." Mr. Bunch stated that there is a spot where the siding is damaged due to an area where a space heater exited the house. Mr. Bunch stated that he agrees that section 12-702 applies in this case. The final item reviewed by the Coxnmission was section 12-702 "scrape and paint wood vents at all gable ends weather permitting (if carried over to spring call for reinspection after completion)." After a brief discussion, the Commission agreed section 12-702 applies in this case. This concluded the Commission's review of the specific Compliance Order items. The Community Development Specialist reviewed the specific list of compliance items in the October 18, 2000 Compliance Order and noted the Commission's decision on each item. There was a motion by Commissioner Yelich and seconded by Commissioner Frawley to make a recommendation to the City Council regarding a determination as to the correct or incorrect interpretation of the compliance items listed in the October 18, 2000 Building Maintenance Compliance Order issued to Mr. John Bunch, 2705 Xanthus Lane, Plymouth Minnesota 55447 for the property located at 5630 Bryant Avenue North, Brooklyn Center, said recommendation described by the following: Items 12-401 "Secure draft hood to water heater, 12-401 repair/replace leaking water heater" and 12-303 "remove miscellaneous clothing and stored items to 3' from water heater and furnace" have been corrected and should be removed from the compliance order. Item 12-406 "Install handrail to basement stairs." This reference to "install handrail" should be removed because it is already specified in compliance order to "replace handrail to basement stairs." Item 12-601 "Install heat register covers in kitchen and bedrooms" is a correct interpretation of the ordinance. Items 12-709 "Install closet doors in bedrooms" should be removed since the code does not require doors in bedroom closets. Item 12-504 "Install wall outlet cover in master bedroom" is a correct interpretation of the ordinance. 11-21-00 -7- Item 12-402-1 "Repair water leak below kitchen sink (will cause structural damage to floor)" is a� correct interpretation of the ordinance. Item 12-402-3 "Repair water leak below refrigerator (will cause structural damage to the floor)" is a conect interpretation of the ordinance. Item 12-406 "Replace handrail to basement stairs" is a correct interpretation of the ordinance. Item 12-703 "Replace missing living room and office closet doors" should be removed from compliance orders since these doors are not required by the ordinance. Item 12-709 "Replace base in kitchen and bathroom" is a proper compliance item under the ordinance but should be cited under Section 12-704. Item 12-709 "Check the source of sand falling into basement and repair" should be removed �r�rn� the corriplianc� order'sine� this is not code deficiency item. y Item 12-702 "Replace aluminum fascia and missing trim front" is a correct interpretation of the ordinance. Item 12-703 "Replace screen door rear" is a correct interpretation of the ordinance. Item 12-702 "Repair or replace damaged siding (a moisture entrance point) all sides" is a� correct interpretation of the ordinance. Item 12-702 "Scrape and paint wood vents at all gable ends and weather permitting (if carried over to spring call for reinspection after completion)" is a correct interpretation of the ordinance. Upon a vote being taken the motion passed. CONTINUE REVIEW AND DISCUSSION OF CITY ORDINANCES The Community Development Specialist noted that he did not have any new information on this item at the present time but was preparing information for the December meeting. Commissioner Carmody addressed the issue of paved driveways and posed the idea of requiring driveways to be paved prior to the sale of the property so that the new owner would not have to install a new driveway. Commission members briefly discussed this item and agreed to continue their discussion at their December meeting. OTHER BUSINESS Commissioner Snook noted that he had talked to residents in the area of Summerchase apartments and was informed that, apparently single family residents have moved from the area due to the amount of garbage blowing around on the apartment site. I 11-21-00 -8- Commissioner Yelich also commented on the garbage blowing around on a regular basis from i commercial areas such as the Rainbow Foods store. Commissioner Yelich also inquired as to the status of a long term planning grant received by the City from the Metropolitan Council. The Community Development Specialist noted he would provide more information on this at the next meeting. ADJOURNMENT There was a motion by Commissioner Yelich and seconded by Commissioner Snook to adjourn the meet' The motion passed. The Brooklyn Center Housing Commission adjo ed 0 p. c �rman 11-21-00 -9-