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HomeMy WebLinkAbout1998 03-17 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 MARCH 17, 1998 CONFERENCE ROOM B BROOKLYN CENTER CITY HALL CALL TO ORDER The Brooklyn Center Housing Commission came to order at 7:00 p.m. ROLL CALL Commissioners James Lano, Christopher Russell, Lloyd Deuel, Michael VonDeLinde, Mark Yelich, and Donald Arm. Also present were Council Liaison Bob Peppe, Building Official David Fisher and Community Development Specialist Tom Bublitz. Chairperson Robert Torres and Vice Chair Ernie Erickson were absent and excused from the meeting. Commissioner Jonathan Carter was also absent from the meeting. DISCUSSION OF TIME OF SALE ORDINANCE AND APRIL 21, 1998 JOINT MEETING WITH CITY COUNCIL The Community Development Specialist briefly reviewed the history and status of the Time of Sale ordinance pointing out that the Housing Commission has discussed and debated a Time of Sale ordinance for the last five years and the ordinance presented to the City Council was the result of the discussion over the past several years by the Housing Commission. He noted that previous Housing Commissions had discussed both a restrictive ordinance such as the St. Louis Park, Crystal and New Hope model along with a disclosure only type ordinance such as the city of Minneapolis uses. The Time of Sale ordinance proposed by the Housing Commission essentially follows the model of the Bloomington and South St. Paul ordinances which are somewhat of a compromise between a disclosure and a more restrictive ordinance and provides disclosure with the correction of a limited number of hazardous items. The Community Development Specialist also noted that in February of 1997, the Housing Commission and City Council had a joint meeting to discuss the Time of Sale ordinance. It was agreed upon at that meeting that the Housing Commission would present an ordinance to the City Council by January of 1998. He explained the Housing Commission did present an ordinance to the City Council in January of 1998 and the City Council agreed to hold a joint meeting with the Housing Commission on April 21, 1998, to review the proposed ordinance and to hold a public forum on the ordinance. The announcement of the joint Housing Commission and City Council meeting was published in the last City Watch Newsletter. He noted the purpose of this evenings meeting is to prepare for the April 21st meeting with the City Council. 3 -17 -98 -1- City Building Official Dave Fisher reviewed an extensive series of slides from the City of Bloomington. The slide presentation documented an inspection of a "test house" through the City of Bloomington. Mr. Fisher noted the "test house" is used for training purposes in certifying private housing evaluators. He explained the slides show a number of items that would be disclosed in a normal housing evaluation along with certain items that would require correction because they are considered hazardous to the health and safety of individuals occupying the house. He noted that some of the more common hazardous items include lack of or improperly installed smoke detectors, electrical fixtures and outlet coverplates, backflow prevention devices, improper wiring on garage door openers and electrical systems that are not properly grounded. Commission members discussed the proposed Time of Sale ordinance and raised several questions including the cost of the private inspection report. The Building Official replied that estimates for the cost of a private evaluation would be between $75 and $150 based on what the reports are costing in other cities. Another question raised by the Commission was whether or not inspectors are liable for their inspections. The Building Official replied that inspectors are responsible for noting items that are clearly visible, and on the evaluation guidelines, but they are not liable for items that they cannot see in the structure. The Community Development Specialist noted that the private evaluation inspection is not a guarantee of a problem free house and that the inspection is not a warranty for either the seller or the buyer but does propose to disclose certain items that may be below standard and to call out for correction of a specific number of hazardous items. Another issue raised by the Commission is whether or not HUD would do corrections on HUD homes. The Community Development Specialist explained that in other cities with similar ordinances, HUD will complete the evaluation report but will not correct the items. The items requiring correction would be deferred to a buyer. Commissioner Yelich inquired as to the cost to the City to administer the proposed Time of Sale program. The Building Official explained that the ordinance is proposed to have minimal involvement on the part of staff. He noted there would be some cost especially during the first year to answer questions regarding the program. He also noted that the staff would prepare all the forms for the program. Commissioner Yelich then inquired as to what the Council questions might be with regard to the proposed ordinance. Council Liaison Peppe noted that from his perspective the most important focus of the ordinance is on life safety and to propose an ordinance that will not be too restrictive but will work in conjunction with code enforcement efforts. He noted that he believes life safety will be a major issue to address in the ordinance. Commissioner VonDeLinde inquired as to when the evaluation report would be completed and made available. The Community Development Specialist replied that the ordinance requires that 3-17-98 -2- the evaluation report will be available before a purchase agreement is signed. Commissioner Yelich inquired about how the staff will know about the sale of a home if the City does not get a copy of the evaluation report. The Community Development Specialist noted that this is by design a requirement that is not included in the ordinance, to remove staff from the record keeping function, but he did not think it will prevent the program from moving forward. Council Liaison Peppe commented that the ordinance is designed with the least amount of staff involvement and that if designed correctly will run without a great deal of staff oversight. OTHER BUSINESS The Community Development Specialist briefly reviewed the status of the 53rd Avenue Development and Linkage Project noting that originally, a Request for Proposal was sent out to a number of developers to undertake the project. He noted that the Request for Proposal (RFP) would have meant the Economic Development Authority (EDA) would have sold the land outright to a developer to construct single family homes with certain restrictions placed on the design of those homes by the EDA. He noted that all the developers submitting proposals requested free land and also free streets and utilities. In response to these requests, the EDA and staff both felt that it would not be in the best interests of the City to provide free land and additional subsidies in the form of free utilities and streets to a developer but to provide for the development of the 53rd area through the use of a Construction Manager. Using this approach the EDA would be responsible for construction of the homes through a professional Construction Manager. He noted that staff is currently in the process of negotiating a contract with a Construction Manager for development of the 53rd Avenue Development and Linkage Project. With regard to additional items relative to 53rd, the platting process is underway and the plat will likely be reviewed by the Planning Commission some time in May. It would then be proposed to construct up to three model homes by late summer or early fall. Commission members requested that a discussion regarding a bus tour of the City be placed on the May Housing Commission agenda. ADJOURNMENT There was a motion by Commissioner Deuel and seconded by Commissioner Arm to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 9:50 p.m. Chairperson 3 -17 -98 -3-