HomeMy WebLinkAbout1996 04-16 HCM MINUTES OF THE PROCEEDINGS OF THE
HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN
STATE OF MINNESOTA
REGULAR SESSION
APRIL 16, 1996
CONFERENCE ROOM B
BROOKLYN CENTER CITY HALL
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by Chairperson Robert Torres at
7:00 p.m.
ROLL CALL
Chairperson Robert Torres, Vice Chairperson Ernie Erickson, Commissioners Lloyd Deuel,
Henry Yang, Amy Gonyea, Jonathan Carter and Rex Newman. Also present were Council
Liaison Kathleen Carmody and Community Development Specialist Tom Bublitz.
Commissioner Cannon was absent and excused from this evening's meeting, and Commissioner
Ische was also absent from this evening's meeting.
APPROVAL OFAGENDA
There was a motion by Commissioner Deuel and seconded by Commissioner Carter to
approve the agenda, as submitted. The motion passed.
APPROVAL OF MINUTES MARCH 19,1996
There was a motion by Commissioner Deuel and seconded by Commissioner Erickson to
approve the March 19, 1996, Housing Commission minutes, as submitted. The motion
passed.
GUEST SPEAKER, MR. MICHAEL MOSER, MEMBER OF BOARD OF DIRECTORS OF
THE MINNESOTA SOCIETY OF HOUSING INSPECTORS
Commissioner Erickson briefly reviewed the commission's activities with regard to their
consideration of the Time of Sale ordinance process. He explained the commission, at the
direction of the City Council, is looking at the creation of a Time of Sale ordinance for Council
consideration that would focus on the correction of hazardous items and is based on the
Bloomington ordinance.
Mr. Moser commented that the goal he believes is most appropriate for creation of an ordinance
is to create one that is as efficient as possible and one that will require as few changes as possible
once it is in place. He emphasized the need for user friendly forms and advised the commission
that it may be helpful to create forms that are familiar to inspectors working in cities with similar
programs such as Bloomington and South St. Paul. He pointed out he worked with the City of
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South St. Paul to rewrite their forms for their Time of Sale ordinance in order to make them
consistent with the forms recommended by the Minnesota Society of Housing Inspectors. He
explained he worked with South St. Paul to bring in the Bloomington ordinance to their city with
some revisions.
Mr. Moser commented that, with a Truth in Housing disclosure ordinance, nothing has to change
in the house when it is sold, but with an ordinance that requires correction of hazardous items the
housing stock is gradually improved over time. He suggested the commission keep the format
and numbering the same as South St. Paul and Bloomington's with regard to their guidelines,
pointing out this will help make educational programs and training for inspectors much easier
when there is consistency between cities. He added that the Minnesota Society of Housing
Inspectors would be happy to assist the City in any way they can.
Mr. Moser explained that the easier and more consistent the forms are for a Time of Sale
ordinance, the fewer errors will be made by inspectors. He explained it is desirable to have a
consistency between municipal programs so that inspectors are used to similar guidelines which
ultimately results in a better inspection product.
He briefly reviewed Bloomington's top three items that required correction under their Time of
Sale ordinance in 1995. The number one item was backflow prevention with 662 corrections; the
second item involved plumbing items, and the third item addressed electrical items.
Mr. Moser pointed out that the inspection report is done for the seller and not the buyer. He
noted private inspectors carry their own professional liability insurance and Minneapolis, St.
Paul and Bloomington require continuing education to maintain status as inspectors. He noted
Minneapolis and Bloomington require inspectors to conduct one test house per year. He pointed
out the Minnesota Society of Housing Inspectors handles the test house. A test house is a house
that is set up for inspectors to do a test inspection and then they are rated on the thoroughness
and quality of their inspection.
Mr. Moser explained that in Minneapolis and St. Paul there is a board set up to provide oversight
to the inspection program and in South St. Paul, Bloomington and Maplewood the authority of
this board is embodied in the City Councils of those cities.
Commissioner Erickson inquired whether individual cities conduct the test house activities. Mr.
Moser explained that this year, 1996, the house was done in Minneapolis, but Bloomington, St.
Paul and Minneapolis forms were used for the house in Minneapolis.
Mr. Moser pointed out that the City of Bloomington does not require specifying the number of
baths and bedrooms on their forms which differs from the South St. Paul form which does
specify the number of bedrooms and bathrooms. He explained it is important, in his opinion, to
specify the number of baths and bedrooms since an individual may add a second bath after the
inspection and the installation of the bathroom may have been done incorrectly, but there would
be no way to track this on the form.
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Another example of information on the form is the basement sleeping room. He explained in
South St. Paul if the basement sleeping room does not meet building code criteria for a bedroom,
it cannot be called a bedroom on the form.
Mr. Moser pointed out the City of Bloomington is now enforcing the Uniform Building Code on
smoke detectors and requires smoke detectors in all bedrooms and on all levels of the house. St.
Paul, on the other hand, requires at least one hard -wired smoke detector.
Continuing with his review of the Time of Sale ordinance, Mr. Moser emphasized the need to
have guidelines for the inspectors separate from the ordinance. He pointed out Bloomington's
guidelines have been revised since February of 1995, but since they are separate from the
ordinance it does not require an ordinance revision. Mr. Moser reviewed several of the changes
in the Bloomington ordinance made since February of 1995. One of the examples he pointed out
was on page 30 which indicated that exposed foam plastic is now considered a hazard in the
inspection of a house. This is primarily due to the toxic effects of foam plastic in a fire situation.
He also noted that the Bloomington ordinance indicates that if the house does not have a half
gallon per minute water flow, the inspector is to classify this as a hazard. He pointed out he
thinks this item should be a below standard item but not a hazardous item. He suggested using
the South St. Paul language on furnace inspections and water flow as opposed to the
Bloomington ordinance.
Mr. Moser cited another example in the Bloomington ordinance where the ordinance states that
inspectors are always to turn on a furnace for inspection. Mr. Moser disagreed with this
approach, since during the nonheating season an accurate assessment will not be obtained and if
the air conditioning has been on and the heat is then turned on, the cooling coil could split.
In summary, Mr. Moser suggested getting an updated copy of Bloomington's current ordinance.
He also suggested taking a close look at South St. Paul's ordinance and pointed out that the
Minnesota Society of Housing Inspectors has reviewed the South St. Paul ordinance. He also
noted the importance of marking items on the inspection list as "below code" so that the buyer
does not assume the item is at current code.
Commissioner Newman also pointed out that buyers should be made aware that with a Time of
Sale ordinance, their "home handyman" mistakes will eventually have to be addressed when they
sell the property.
Chairperson Torres asked Mr. Moser whether he had a list of repair items that homeowners can
look at prior to the inspection so that they can prepare themselves better for the Time of Sale
inspection. Mr. Moser stated he does not have a specific list, but he suggested that seller and
buyer education is an important part of an ordinance process. In response to a specific question
regarding how the certification forms are filled out, Mr. Moser stated that if a correction is made
by a contractor, the contractor then fills out the Bloomington certification form.
The Community Development Specialist inquired as to the level of staff involvement in the Time
of Sale ordinances. Mr. Moser explained that generally a clerical person sends out the inspection
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forms and a private inspector then identifies the hazardous items. After that, a clerical person
calls and informs the homeowner that the hazardous items need to be corrected. The corrections
are then made and the City staff inspector inspects the repairs.
Mr. Moser stated that one way to minimize staff involvement is to have the private inspector
doing the evaluation to reverify the corrections for an additional fee which he estimated could be
between $25 -30. He also pointed out that perhaps a list could be made of the items that require a
permit so homeowners can more easily address these corrections.
Mr. Moser pointed out that using city staff has some disadvantages over private inspectors since
as city representatives they are required to note problems that require correction, where private
inspectors can be free to follow a more defined inspection program.
Commissioner Newman inquired as to what other types of inspection programs are available for
buyers and sellers. Mr. Moser explained that for between $250 and $500 a more thorough
inspection can be done and can be tailored to certain areas, such as testing for asbestos
containing material. Also, private inspectors can render opinions on the life remaining in the
siding and can give recommendations on drainage, etc. As opposed to a Time of Sale -type
inspection, a private inspection can become a marketing tool for the seller to sell their property.
As one follow -up item, Mr. Moser suggested that the city observe a specific code of ethics for
inspectors when implementing a Time of Sale- ordinance.
Commissioner Deuel inquired as to how to address structures other than single family homes.
Mr. Moser stated that South St. Paul and Bloomington do apartments, duplexes, fourplexes, etc.,
in their rental inspection ordinance.
Commissioner Erickson suggested that the commission should address the appeal board issue in
its deliberation on the Time of Sale ordinance. Also, he raised the issue of how to gather public
input on the ordinance prior to the official ordinance enactment process.
Chairperson Torres and the commission thanked Mr. Moser for attending this evening's meeting,
and indicated their appreciation for the information he presented to the commission this evening.
CARRYOVER OF ITEMS 6 AND 7 TO MAYHOUSING COMMISSION MEETING
Given the lateness of the hour, it was the consensus of the commission members to carry over
items 6 and 7 to the May meeting.
ADJOURNMENT
There was a motion by Commissioner Deuel and seconded by Commissioner Erickson to
adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission
adjourned at 9:00 p.m.
i
Chairperson
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