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HomeMy WebLinkAbout2009 10-27 HCA AGENDA BROOKLYN CENTER HOUSING COMMISSION October 27, 2009 7:00 p.m. Council/Commission Room Brooklyn Center City Hall i 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes September 15, 2009 5. Chairperson's Report 6. Council Liaison Report 7. Chair's Report on Appeal Regarding Certain Compliance Orders Relative to Chapter 12 of the City Code. NOTE: See enclosed September 28, 2009 City Council Minutes (excerpt pp. 7 -9 and Resolution 2009 -118). 8. Discussion of July 12, 2009 Housing Commission Minutes and Next Steps 9. Other Business Mayor Willson stated his opposition to allowing the property owner to submit an application prior to the 90 day period of time. Councilmember Lasman clarified that the intent of the motion on the floor was that the resolution will not be acted on prior to staff presenting the amended resolution for Council review. The motion and the second on the floor were withdrawn. Councilmember Lasman moved and Mayor Willson seconded to table a Resolution Making Findings of Fact and Order Relating to 4216 Lakebreeze Avenue North to the October 12, 2009, City Council meeting. Mr. LeFevere advised that tabling the proposed resolution provides Council with an opportunity to start this discussion again two weeks from now with a resolution that is unchanged other than the addition of tonight's testimony. There will be two different options presented to Council in relation to the 90 days for application or issuance of the license. Councilmember Roche voted against the same. Motion passed. �Ob. RESOLUTION NO. 2009 -118 ADDRESSING APPEAL OF CERTAIN RENTAL v INPECTION COMPLIANCE ORDERS FOR 5909 JUNE AVENUE NORTH IN BROOKLYN CENTER, MINNESOTA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. City Prosecutor Bill Clelland presented Council with the staff recommendation on rental compliance orders under Chapter 12 of the City Code as it relates to the appeal of the Chapter 12 Compliance Order submitted by Ms. Janine Atchison, rental property owner of 5909 June Avenue North. Ms. Janine Atchison, property owner of 5909 June Avenue North, addressed the City Council and stated her concerns in relation to the appeal of rental license compliance orders of Chapter 12 of the City Code. Ms. Atchison stated her position that the City has not afforded her due process by providing information related to the compliance order in a timely manner. Mr. LeFevere requested clarification on whether Ms. Atchison is requesting additional time to prepare for the appeal due to her concerns regarding due process. Ms. Atchison replied that she is asking that the City follow rules, and that the City follow the rules for due process. She is not as prepared as she could be, but is willing to tell her side of this tonight. Ms. Atchison outlined the following concerns in regards to the compliance order for 5909 June Avenue North: 09/28/09 -7- Inconsistency of the current drafting of City Ordinance Section 5- 204(f) requiring hard wired smoke detectors for duplexes in relation to the Minnesota State Building Code. Compliance order for City Ordinance Section 12- 402(3) regarding the repair or replacement of improperly maintained refrigerator door gasket. Ms. Atchison stated her position that the subject refrigerator is working fine and has a good seal. She stated the paperwork provided to the Council is incorrect in stating that the gasket is pulling away, and that this has been changed from the original information. There is a crack but the refrigerator is still easily maintaining a temperature of 40 degrees and meets the definition of this code. Ms. Atchison further stated her position that the Housing Inspector has not provided proof that the refrigerator is not working properly, and that this order is going above and beyond what is allowed to be written into City Code. Ms. Atchison stated she fully expects to keep her property in good condition, and it is an asset to the neighborhood. It is an owner occupied duplex; she lives next door. It is the responsibility of her as a citizen and the City to get together on these things and be consistent and fair. Codes need to be enforced; it is important for them to look at this and say what they should be enforcing. She requested an opportunity to respond to any further information provided by Mr. Clelland. .Councilmember Ryan stated his position as an individual that has worked in the heating and air conditioning industry, that if the loss of seal is significant, the system will be unable to continue to maintain the temperature over time. Councilmember Lasman suggested that this item could be tabled to obtain information from a refrigerator manufacturer on whether the gasket needs to be repaired in order for the refrigerator to operate effectively. Mr. Clelland stated the issue before the City Council is whether the City can properly require a damaged or defective gasket to be repaired or replaced so that he refrigerator is operating. There are two concepts. One is the refrigerator and the second is the stated purpose. Ms. Atchison is arguing that even if the gasket is broken, if it is not that bad she does not need to fix it. He stated the ordinance requires repair of broken windows. Ms. Atchison would say if the window is broken but it keeps the rain out she does not need to fix it. In fact you do, and tenants need assurance that the refrigerator will be working and not simply holding temperature for one day and failing soon thereafter. Mr. Clelland stated the fact of the Building Official is that the gasket needed repair. There does not seem to be dispute that it is an essential part of a properly working refrigerator. The focus for the Council is whether it is proper interpretation of the ordinance not only that a refrigerator be required, but that it be in good working order. As to due process, Ms. Atchison is educated in this field and was first notified of the violation in June of 2009, and has had more than ample time to respond. Ms. Atchinson stated her position that the inspector has stepped well beyond the ordinance and that the Housing Commission agrees with her assessment. Councilmember Roche moved and Councilmember Ryan seconded to close the hearing. 09/28/09 -8- Motion passed unanimously. Councilmember Lasman stated her position on tabling the item has changed after considering Mr. Clelland's comments regarding defective parts. It was noted that the Housing Inspector is trained, qualified and certified, and there is no reason to believe he would not be able to make a professional judgment regarding the item in question. Mayor Willson moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -118 Addressing Appeal of Certain Rental Inspection Compliance Orders for 5909 June Avenue North in Brooklyn Center, Minnesota. Motion passed unanimously. 10c. RESOLUTION NO. 2009 -119 AUTHORIZING TERMINATION OF EXISTING SUBDIVISION AGREEMENTS RICHARDSON PARK PLAT 1989 AND RICHARDSON PARK 2ND ADDITION —1990) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. i i Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -119 Authorizing Termination of Existing Subdivision Agreements (Richardson Park Plat 1989 and Richardson Park 2nd Addition 1990). Motion passed unanimously. 10d. AMEND 2009 CITY COUNCIL MEETING SCHEDULE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the amendment to the 2009 City Council meeting schedule. Councilmember Lasman moved and Councilmember Ryan seconded to amend the 2009 City Council meeting schedule to add October 5, and November 2, 2009, at 6:30 p.m. for Budget Work Sessions with the Financial Commission. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: September 15, 2009, Firehouse Park Neighborhood gathering. September 15, 2009, Park and Recreation Commission Meeting. There was considerable input on the Capital Improvement Program, as well as issues dealing with Evergreen and Firehouse Parks. 09/28/09 -9- Member Tim Willson introduced the following resolution and moved its adoption: RESOLUTION NO. 2009 -118 RESOLUTION ADDRESSING APPEAL OF CERTAIN RENTAL INSPECTION COMPLIANCE ORDERS FOR 5909 JUNE AVENUE NORTH IN BROOKLYN CENTER, MINNESOTA WHEREAS, the City Council serves as the Board of Appeals regarding appeals of City Code Chapter 12 regarding regulation of rental properties; and WHEREAS, Janine Atchison, landlord of 5909 June Ave N, appeals the interpretation of two city code compliance orders regarding smoke detectors and refrigerator gasket maintenance; and WHEREAS, the Board of Appeals finds that the City Ordinance Section 5 -204f requiring all battery operated smoke detectors to be replaced by hard -wired smoke detectors by December 31, 1993 is in conflict with the current Minnesota State Building Code; and WHEREAS, the Board of Appeals finds that the improperly maintained refrigerator gasket is in violation of City Ordinance Section as indicated by the compliance order; and WHEREAS, it is in the best interest of the city to ensure rental properties are maintained to minimum property maintenance standards in order to protect the public's health, safety and general welfare in accordance with city and state codes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The enforcement of City Ordinance Section 5 -204f requiring hard -wired smoke detectors be discontinued for duplexes to be consistent with Minnesota State Building Code. 2. City staff review options for amending City Ordinance Section 5 -204f. 3. The compliance order regarding the repair of the gasket per the city's rental inspection Compliance Notice be enforced. The appellant shall have 30 days from the date of this resolution to correct the violation. September 28, 2009 9 Date Mayor ATTEST: V/ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was. declared duly passed and adopted.