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HomeMy WebLinkAbout1998 07-21 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 JULY 21, 1998 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, Commissioners Lloyd Deuel, Ernie Erickson, Mark Yelich, and Donald Arm. Also present was Community Development Specialist Tom Bublitz. Commissioners James Lano, Christopher Russell and Michael VonDeLinde were absent from the meeting. Council Liaison Bob Peppe was also absent from the meeting. 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 MAY 19, 1998 and June 16, 1998 There was a motion by Commissioner Arm and seconded by Commissioner Deuel to approve the minutes of the May 19, 1998, and June 16, 1998, Housing Commission meeting as submitted. The motion passed. DISCUSSION OF TIME OF SALE ORDINANCE Commissioner Erickson inquired as to the availability of the Council minutes regarding their discussion of the Time of Sale Ordinance. Community Development Specialist Bublitz noted that the Council had not approved the minutes and they were not yet available for review by the Housing Commission. He noted that the issues discussed by the City Council regarding a proposed Time of Sale Ordinance included the issue of correction of hazardous items if the home does not sell and whether or not there has been an increase in buyer inspections outside the scope of required Time of Sale type ordinance inspections. Chairperson Torres recognized Mr. Bill Gerst representing the Minneapolis Area Association of Realtors. Mr. Gerst stated that he attempting to put a report together regarding the number of buyer inspections currently being done and noted that this was in process. He explained that individual real estate offices are reluctant to disclose total sales because of competitive reasons 7 -21 -98 -1- I but they will give percentages. He explained he has contacted a number of realtors who typically work in Brooklyn Center. He commented that from January 1997 11 offices have reported the following percentages with regard to buyer inspections: 75 95 65 68 53 80 50 45 97 He explained 20 offices in his survey did not report.' Mr. Gerst added that when his survey is done he will prepare a report on the total survey. He explained sellers are also doing inspections and explained this trend is even more recent than the trend seen in increased buyer inspections. Chairperson Torres recognized Ms. Donna Zieska who indicated she is a Brooklyn Center resident residing at 5455 Brooklyn Boulevard. Ms. Zieska stated that she contacted people in Bloomington and she stated that people are not aware of the Time of Sale ordinance in effect in the City of Bloomington and also in Minneapolis. She claimed the Time of Sale type ordinance is unconstitutional and violates the 4th amendment's right of privacy. She indicated the Time of Sale ordinance was a form of dictatorship and it does not seem right under the constitution and also pointed out the need to keep the constitution strong. Ms. Zieska continued her comments on the Time of Sale Ordinance stated that she believed the ordinance was discrimination against senior citizens since their houses were all built to codes in effect many years ago. Ms. Zieska then addressed the issue of potential redevelopment on 69th Avenue North and Brooklyn Boulevard pointing out that this is an improper taking of homes without adequate compensation especially for a profit making company. With regard to the Time of Sale Ordinance Ms. Zieska concluded that the ordinance should be put in the garbage can. Commissioner Arm stated that many homes in Brooklyn Center were built 40 years ago and were built to the code in effect at that time. He explained the usage we give homes now versus 40 years ago is much different. He cited an example of the changes in use of the electrical system where increased use over decades is potentially very dangerous in situations wehre the electrical system is not updated. He added that he agrees somewhat with regard to the privacy issue but added that first time buyers have no information now with which to make decisions. Ms. Zieska replied that she believes first time buyers should take their own responsibility with regard to buying a house. She added that she doesn't object to making homes more livable and safe but that this ordinance is not the way to do it. Commissioner Erickson stated that he would like to respond to a couple of points made by Ms. Zieska pointing out that the government would not force a specific inspector on a seller but sellers would have a choice of private inspectors to do the inspection. 7 -21 -98 -2- He next pointed out that the Housing Commission has been studying the Time of Sale Ordinance for over two years and information has been available in the local papers, Housing Commission and Council minutes and also the City Manager's Newsletter. He also pointed out that Mr. Gerst, representing the Association of Realtors has been involved in the process since day one. He added that he resents the implication that the Housing Commission sneaked this through on the residents of Brooklyn Center. Ms. Zieska stated that she believes the information on the Time of Sale Ordinance should have come in the mail to individual homeowners and not through a newsletter. She added that people don't look at the newsletters. Commissioner Erickson stated that the community does have a right to safe and healthy environments in its housing stock. He emphasized the ordinance addresses safety issues and cited examples of smoke detectors, hand rails and open electrical wiring. Ms. Zieska inquired whether it was the City's responsibility to dictate these requirements to residents. Commissioner Deuel conveyed a personal experience with regard to inspections relative to his elderly sister -in -laws home. He pointed out that she sold a large house and moved into a smaller home in the City of Crystal. He explained the basement had only 2 -prong outlets in it and no handrails on the stairway. He added that there was poor water drainage in the basement since the sump did not work. He pointed out the home was not inspected since the inspection on this home had been waived. He also noted that the garage in the house was caved in in the back. Ms. Zieska explained that she was opposed to the government requiring inspections and pointed out too many young people have died to protect our freedom and this is a violation of our constitution. Commissioner Erickson stated that, as a veteran, and someone who fought a very unpopular war, he resents the accusation that this ordinance is un- American. The Community Development Specialist stated that there appear to be several issues to consider with regard to the ordinance. One issue is the statistical information being prepared by Mr. Bill Gerst with the Minneapolis Area Association of Realtors and how this will affect the Housing Commission's decision. Another issue is to clarify the language in the ordinance regarding what will happen after an inspection is done with regard to follow up. Additional issues revolve around buyer /seller negotiations and requirements for inspections on homes that do not sell. He noted the Council's direction is to bring back the ordinance to the City Council after three meetings of the Housing Commission. Commissioner Yelich stated that we may need to communicate the purpose of the ordinance to residents since the overall purpose is not a buyer protection ordinance but one that proposes to upgrade the housing stock in the City. Commissioner Erickson suggested that the Commission suspend its discussion of the Time of Sale Ordinance and move on to the next item. 7 -21 -98 -3- BUS TOUR OF CITY The Community Development Specialist briefly reviewed the proposed bus tour schedule which would include the 53rd Avenue Development and Linkage project, scattered site redevelopment projects, 252 and 694 area, 69th and Brooklyn Boulevard area, Twin Lakes Manor which would include an inside tour, and code enforcement areas. The Commission expressed an interest in inviting the Community Development Director and the Housing Inspector along with a Police Department representative for the tour. Commission members suggested changing the route to make sure that code enforcement areas were reviewed in daylight. OTHER BUSINESS The Commission discussed the issue of Commissioner Jonathan Carter and recommended that his position be filled. There was a motion by Commissioner Erickson and seconded by Commissioner Deuel to recommend to Council Liaison Bob Peppe to declare Jonathan Carter's position vacant due to the fact that Mr. Carter has moved from the city of Brooklyn Center. The motion passed. ADJOURNMENT There was a motion by Commissioner Arm and seconded by Commissioner Deuel to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:20 p.m. Chairperson 7 -21 -98 -4-