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HomeMy WebLinkAbout2003 04-02 CCM Joint Session with Housing Commission MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT SESSION WITH HOUSING COMMISSION APRIL 2, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a joint session with the Housing Commission and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent and unexcused. Also present: Assistant City Manager Curt Boganey, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, Police Chief Scott Bechthold, Administrative Sergeant Kevin Benner, and Deputy City Clerk Maria Rosenbaum. Housing Commission Members present: Ernie Erickson, Lloyd Deuel, Mary Barrus, Judy Thorbus, Mark Yelich, and David Johnson. Prosecuting Attorney-Bill Clelland arrived at 6:05 p.m. Commissioner Stan Leino arrived at 7:00 p.m. and Commissioner Kris Lawerence - Anderson arrived at 7:05 p.m. PROPOSED AMENDMENTS TO CHAPTER 12: RENTAL LICENSE Commission Chair Yelich discussed that the Housing Commission had been working on an ordinance amendment regarding rental licensing for approximately a year and a half. The Housing Commission reviewed similar ordinances adopted by other cities and have incorporated the best ideas for the City of Brooklyn Center's ordinance. He informed that the Council is being asked for direction on the proposed amendments to Chapter 12. Community Development Director Brad Hoffman informed that he had created five major policy questions for the Council to consider. The Council and Housing Commission Members discussed: I . Should the City of Brooklyn Center establish a "Provisional" rental license for rental properties that: 04/02/03 -1- a. Fail to meet minimum life, health, and safety requirements of Chapter 12? (Answer was no.) b. Generate excessive calls per apartment unit for police and fire service? (Answer was yes.) During this discussion Prosecuting Attorney Bill Clelland advised that he was not in favor of a provisional rental license and would prefer that the landlords know there is a deadline. Commissioner Mary Barrus informed that tenant behavior was the main focus when looking at this ordinance. The ordinance currently has nothing in it that assists the Police Department with calls for service. Police Chief Scott Bechthold and Administrative Sergeant Kevin Benner discussed the calls for service generally received and informed that the proposed ordinance amendment would help in assisting the Police Department. Mayor Kragness questioned if the ordinance should include something that indicates Apartment Managers need to attend Association of Rental Management (ARM) meetings. Mr. Bechthold discussed maybe that could be an administrative action that if they are not in compliance they need to attend the ARM meetings. Councilmember Peppe questioned if a fee could be created for those who are causing problems. Mr. Clelland discussed the possibility of considering a fee with the inspection or re- inspection process. He indicated that he would be willing to discuss this issue with City Attorney Charlie LeFevere. Mr. Hoffman informed that the Council sets fees by resolution and suggested exploring a charge for calls as a different type of fee. Commission Chair Yelich recommended a no retaliation clause be incorporated like the City of New Brighton's ordinance. Assistant City Manager Curt Boganey questioned if the Council was in consensus for a provisional license for excessive police and fire calls, if fees should be set at a rate to reimburse the City for the cost of helping with the management of apartments, and getting a response from the City Attorneys for codified language to the ordinance. Councilmember Carmody indicated that she would like to see costs to help reimburse the City and that the amount is not important. Councilmember Peppe indicated that he would like to see some type of provisional license fee charged for services and questioned the average of calls. Mr. Hoffinan indicated that would bring the Council to the next question. 2. How many calls for police and/or fire service should be considered excessive on an annual basis? 04/02/03 -2- a. One call per apartment unit b. Less than one call per apartment unit (Answer was .4 1.) During this discussion Mr. Hoffman distributed and discussed a chart for calls of service in 2002 and the breakdown of calls per units during a two -month period. He informed that the average for calls is .37 and suggested the Council consider .41 as an amount for excessive calls. Councilmember Peppe informed that he believes that would be a good starting point. Commissioner Leino arrived at 7:00 p.m. It was the consensus of the Council to set .41 as the calls to be considered excessive on an annual basis. 3. What size apartment complex should be required to comply with this ordinance? a. Four -plex and larger b. Ten apartment units or more c. Other (Answer was five and above.) Commissioner Kris Lawrence - Anderson arrived at 7:05. Mayor Kragness questioned Mr. Benner about ten or more units. Mr. Benner responded that ten or more would be reasonable. Councilmember Carmody expressed that she would like to keep it at four. Councilmember Lasman questioned if they still pay before the provisional rental license would kick in. Mr. Hoffman distributed and discussed Section 12 -911 and Community Development Specialist Tom Bublitz informed that the provisional rental license deals with the overall complex. It was the consensus of the Council that five and above would need to comply with this ordinance. 4. Should a regular rental license term be for one year or two years? (Answer was two years.) Councilmember Carmody informed that since the Police Department can generate monthly reports, two years is fine with her. Commissioner Barrus suggested two -year licenses with the properties looked at once a year. 04/02/03 -3- Mayor Kragness questioned if the Council would need to make a provisional license decision during the two -year term of a regular license if calls exceed the provisional license threshold. Mr. Boganey informed that the language as written does not clearly specify. Mr. Clelland informed that the ordinance could be amended to include such language. It was the consensus of the Council that the regular rental license term should be for two years. 5. Should the City of Brooklyn Center require apartment owners to conduct criminal background checks on prospective tenants? (Answer was yes.) Councilmember Lasman informed that she believes it is important for criminal background checks and questioned financial background checks. Mr. Clelland suggested that the Council limit the background checks to only criminal since financial background checks are a burden and hard to receive. It was the consensus of the Council to require apartment owners to conduct criminal background checks on prospective tenants. Councilmember Carmody questioned if the changes to be incorporated into the ordinance could be made and when the City Council would have this item on an agenda. Mr. Hoffman informed that he believes that the changes could be incorporated and that the item could be on an agenda relatively soon. Council directed staff to prepare a revised draft for review and action by the Council. Mr. Bechthold and Mr. Benner left the meeting at 7:47 p.m. GRAVEL DRIVEWAYS Councilmember Carmody informed that the Housing Commission started reviewing Chapters 19 and 25 of the City Ordinances after reoccurring compliance problems at a property on Brooklyn Boulevard. The proposed amendments request for driveways for single family and two family residential dwellings to be hard surfaced such as concrete, asphalt, brick, or similar hard surfaces in accordance with the Engineering Department specifications; and to limit no more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles. The Housing Commission is requesting direction from the Council as to the proposed amendments suggested to both ordinances. Council discussed and reviewed pictures that Councilmember Carmody presented. Commissioner Leino discussed the City of Fridley's practice allowing residents to come in compliance with their ordinance within a three year time period. 04/02/03 -4- Mr. Hoffman raised the issue of what would happen if an owner were not to comply within the three year time period. It was proposed that owners be required to comply if and when the property was sold or transferred to new ownership. Mr. Boganey informed that staff would have to research this issue and also look at the pros /cons for adequate notification to the buyers and sellers of properties before making a decision on this issue. Mayor Kragness expressed that was a fair approach. RECREATIONAL VEHICLE STORAGE After further discussion regarding the proposed amendment to Chapter 19 regarding the no more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles, it was the consensus of the Council to do nothing with the amendment proposed. Councilmember Peppe requested that the ordinance continues to be reviewed and thought out to change gradually. Mayor Kragness suggested to all that they continue to contact Code Enforcement when they see issues to be consistent and have these issues measured fairly. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT A motion by Councilmember Lasman, seconded b Councilmember Carmody to adjourn the work Y Y J session at 8:29 p.m. i City Clerk Mayo/ 04/02/03 -5-