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HomeMy WebLinkAbout1997 01-21 HCM MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 21, 1997 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 Henry Yang, Lloyd Deuel, and Mark Yelich. Also present were Council Liaison Kay Lasman and Community Development Specialist Tom Bublitz. Additionally, Mr. Bill Gerst, representing the Minneapolis Area Association of Realtors, was in attendance at the meeting. Absent and excused from the meeting were Commissioners Naomi Ische and Jonathan Carter. Commissioner Ische indicated she would be resigning from the commission due to a move from t the city. Also absent from the meeting were Commissioners Todd Cannon and Michael desParois. APPROVAL OF AGENDA There was a motion by Commissioner Erickson and seconded by Commissioner Deuel to approve the agenda, as submitted. The motion passed. APPROVAL OF MINUTES DECEMBER 17, 1996 There was a motion by Commissioner Deuel and seconded by Commissioner Yang to approve the December 17, 1996, Housing Commission minutes, as submitted. The motion passed. ELECTION OF CHAIRPERSON FOR 1997 As required by Council resolution, the chairs of the advisory commissions are elected annually by the commission members. Chairperson Torres turned the meeting over to Vice- Chairperson Erickson for the purpose of conducting an election for chairperson of the Housing Commission Vice- Chairperson Erickson called for nominations for Chairperson of the Housing Commission. Commissioner Deuel nominated Robert Torres to continue as chair of the Housing Commission. Vice-Chairperson other nominations, nP Erickson inquired whether there were any oth and call ed three times for additional nominations. Hearing none, Vice Chairperson Erickson entertained a 1 -21 -97 -1- motion for a unanimous ballot to elect Robert Torres as chairperson of the Brooklyn Center Housing Advisory Commission for 1997. There was a motion by Commissioner Deuel and seconded by Commissioner Yelich to elect Robert Torres as chairperson for 1997 by unanimous ballot. The motion passed unanimously. In accordance with the enabling resolutions for the Housing Commission, the Chairperson is required to appoint a vice -chair annually. Chairperson Torres appointed Commissioner Ernie Erickson as vice -chair for 1997, and Commissioner Erickson accepted the appointment. REVIEW AND DISCUSSION OF DRAFT TIME OF SALE ORDINANCE The commission discussed the format for reviewing the draft Time of Sale ordinance and agreed they would review the ordinance this evening and their review and questions would be presented to the City Council, along with the draft ordinance, at their February 18, 1997, joint meeting with the Brooklyn Center City Council. To begin the discussion and review of the ordinance, Commissioner Erickson inquired whether the defmition of mobile home needed to be included in the ordinance since there are no mobile home areas in Brooklyn Center. The Community Development Specialist replied that under State law, the City cannot prohibit mobile homes from being moved or built in the city, and this definition should be included in the ordinance since there is the possibility of manufactured housing to be built or moved into the city. Commissioner Erickson suggested a change in the "immediate hazard" definition, which would revise the definition to read "a condition or defect which is likely to cause injury to a person or property or affect the health of a person or persons if not corrected." Commissioner Yelich inquired whether the term "dwelling" includes townhomes and condominiums. Commissioner Erickson noted that on page 5 of the draft ordinance, item number four under correction of immediate hazards should be revised to add "or the lack of water supply" as opposed to "or the lack of water." Under item number 7 on page 5 under correction of immediate hazards, Commissioner Erickson requested and expanded explanation of "abandoned storage tank" so as not to confuse this with abandoned wells. Commissioner Erickson also inquired whether the City would have to address wells in the ordinance. Mr. Bill Gerst, representing the Minneapolis Association of Realtors, noted it was his understanding that the property owners can keep wells on the property as long as they are in working order, and, if not, they must either bring them in to working order or have them legally abandoned as per the Department of Health regulations. 1 -21 -97 -2- On page number 6, item c, commissioner Erickson suggested item c should be changed to read "when correcting identified hazards, the owner shall obtain all necessary permits from the City and secure reinspection of the premises by City personnel." With regard to this item, Commissioner Erickson's concern was that the evaluation should note which items to be corrected require a permit, and these items would be reinspected by City personnel. The Community Development Specialist noted the option of the City Inspector doing a reinspection of the corrections required by the initial inspector while the inspector is inspecting the permit work. Commissioner Deuel suggested that the City should inform residents in advance as to what repair items are required to be repaired under the hazardous items provision of the ordinance. Councilmember Lasman posed the possibility of having the common hazardous items noted in the City's newsletter. Additionally, the Community Development Specialist pointed out the City of South St. Paul publishes a separate information flyer on what the most common hazards are and which items need to be corrected under their ordinance. Chairperson Torres inquired whether the City could require carbon monoxide detectors. Commissioner Erickson expressed a concern with the current standard of carbon monoxide monitors and the inconsistency of quality. It was decided that the staff liaison should find out what the State Building Code says with regard to requiring CO monitors. Commissioner Yelich inquired whether or not the reference to filing fees (page 4, paragraph d) in the ordinance would cover the City expenses for the program. Commissioner Yelich also expressed a concern that the Time of Sale ordinance may not be the best value for homeowners. Commissioner Erickson noted the commission had previously considered various forms of inspection ordinances which resulted in a tie vote on the commission between a Truth in Housing -type ordinance versus a Point of Sale ordinance. The ordinance being reviewed this evening was essentially a compromise between the two ordinances. He explained the commission finally decided on an ordinance that would address safety items in homes prior to their conveyance. He explained the commission's past review of ordinances involved a number of ordinances including St. Louis Park, New Hope, Crystal, Bloomington and South St. Paul. He noted the commission decided on the Bloomington and South St. Paul ordinance which addressed the correction of immediate hazards. The commissioners briefly discussed the features of a Truth in Housing ordinance versus a Time of Sale ordinance. Commissioner Deuel pointed out the Housing Commission met with the City Council last year, and in his estimation their message was that if the ordinance has no "teeth", they did not want to enact it. He explained it was his understanding Council wants some level of improvement in the housing stock, and that with a Truth in Housing -type ordinance the defects are not corrected. 1 -21 -97 -3- Discussion continued among commission members regarding the value of enforcement of the housing code versus Time of Sale and Truth in Housing -type ordinances. Commissioner Erickson noted the present housing maintenance ordinance does not often bring inspectors into a home unless there is a complaint or some other reason for entering the premises. Councilmember Lasman suggested the commission is really addressing two separate issues. One is a code enforcement issue and one is more of a housing maintenance problem. She noted each issue is credible, but the ordinances address different facets of housing maintenance. The commission brought up the issue of purchases without realtors involved, including family transfers, etc., and how these would be addressed under the ordinance. Mr. Bill Gerst brought up the issue of fees, noting Bloomington allows the City to inspect homes along with private inspectors and that it is the choice of the homeowner to select one or the other. Initially, he pointed out, the ordinance fee was $90 for City inspectors and the private inspectors complained they could not do the inspection for $90. He noted that, generally, the private inspection fees range from $110 to $125 -135. He also pointed out that buyer inspections, or those initiated by a potential buyer, range from $250 -300, and that they are a more thorough inspection, lasting in some cases as long as three to four hours. Chairperson Torres wanted to survey users of the program, meaning the clients of the housing inspectors, to make sure they are operating properly and treating the homeowners in a polite manner. He expressed a concern about how inspectors operate with homeowners and how they treat the homeowners. He wanted to address the issue of evaluator behavior in a survey of clients and relate this to item c on page 3 of the ordinance, which addresses the revocation hearing. Commissioner Yelich brought up the issue of HUD homes and how they would be handled under the ordinance. Commissioner Torres inquired whether or not the evaluator licenses would go to the City Council for approval and what is the licensing procedure. On page 6, paragraph d, item 2, the commission wanted to elaborate on the term "reasonable completion dates and what is reasonable. The commission noted that on the South St. Paul ordinance, most common hazardous items include permanent appliances. They inquired as to whether or not a window air conditioning unit would be classified as a permanent appliance. Commissioners wanted to elaborate on the definition of hardship and to define it further. The staff liaison indicated he would follow up with South St. Paul as to what their experience has been with the hardship clause in the ordinance and escrowing for repairs to be done by the buyer. 1 -21 -97 -4- This concluded the Housing Commission's review and discussion of the draft Time of Sale ordinance. OTHER BUSINESS Commissioner Deuel stated he would like to hear a report from the City on the code enforcement inspection program and also what the program has in store for the future. The Community Development Specialist noted this could be addressed at a future meeting. ADJOURNMENT There was a motion by Commissioner Erickson and seconded by Commissioner Deuel to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 9:00 P.M. Chairperson 1 -21 -97 -5-