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HomeMy WebLinkAbout2016 10-18 HCPAGENDA BROOKLYN CENTER HOUSING COMMISSION October 18, 2016 7:00 p.m. All American Conference Room Brooklyn Center City Hall 1. Call to Order: 7:00 p.m. 2. Approval of Agenda 3. Approval of Minutes: June 21, 2016 4. Penelope Brown Appeal 5. City Council Liaison’s Report 6. Chairpersons Report 7. New Neighbor Program Update 8. Other Business 9. Adjournment *New Neighbor bag materials will be prepared for assembly before the meeting and after the meeting, if necessary. Page 1 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 September 20, 2016 COUNCIL COMMISSION ROOM CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:00 p.m. ROLL CALL Chairperson – Mark Goodell - Present David Johnson - Present Tamika Baskin – Present Kathie Amdahl - Present David Johnson - Present Leroy Houston - Present Susan Pagnac - Present Kathy Nelson - Present Also present was Staff Liaison Jesse Anderson. APPROVAL OF AGENDA There was a motion by Commissioner Baskin and seconded by Commissioner Johnson approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES – There was a motion by Commissioner Baskin and seconded by Commissioner Amdahl to approve the minutes of the Housing Commission meeting on June 21, 2016. The motion passed. CHAIRPERSONS REPORT Chairperson Goodell reported: Thank everyone who has volunteered to deliver the bags; Everyone’s efforts are greatly appreciated. COUNCIL LIAISON REPORT In the absence of the Council Liaison no report was given. NEW NEIGHBOHR PROGRAM Commissioner Amdahl stated that all properties from spring list have been visited, except one property that was located at 4806 Middle twin due to not having access to that unit. Commissioner Nelson is familiar with this owner and will deliver the bag. There was a total of 225 bags delivered that included new homeowners from September 30, 2015 to April 1, 2016. Page 2 Chairperson Goodell stated there are 161 more on the list that includes April 1, 2016 to September 1, 2016. How do we want to proceed due to shortened daylight in the evenings. Commissioner Johnson suggested the commission can complete a lot on a Saturday. Chairperson Goodell suggested that 160 properties would take about 6 hours depending on number of vehicles. The commission agreed to deliver on October 2, 2016 , October 8, 2016 and October 22, 2016. The commission also agreed to continue to discuss business involvement at November meeting. OTHER BUSINESS Staff Liaison Anderson reported that the front porch ordinance has been approved and is now in effect. An update was also provided on the temporary family health care dwelling statuete that went into effect on September 1, 2016. ADJOURNMENT There was a motion by Commissioner Johnson and seconded by Commissioner Baskin to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 7:45 p.m. __________________________________ Chairman HOUSING COMMISSION MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DATE: October 18, 2016 TO: Housing Commission Member’s FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Appeal of Chapter 12 Compliance Order Submitted by Penelope Brown, rental property owner of 4819 Azelia Avenue North Recommendation: According the city ordinance 12-1203 the Housing Commission is required to make a recommendation for the City Council serving as the Board of Appeals. It is recommended that the Housing Commission make a recommendation to affirm the compliance orders for City Ordinance Section 12-713 regarding the Screening of the Waste Containers. Possible options for Recommendation: 1. It is recommended that the City Council serving as the Board of Appeals affirms the compliance order dated September 22, 2016 for City Ordinance Section 12- 713 regarding the Screening of the Waste Containers. 2. It is recommended that the City Council serving as the Board of Appeals nullify the compliance order dated September 22, 2016 for City Ordinance Section 12- 713 regarding the Screening of the Waste Containers and return to appeal fee back to the appellant. Background: The property located at 4819 Azelia Ave N was inspected on 7/18/2016 and found to have 12 property code violations. The property was determined to not having screening of their outside disposal facilities in violation of chapter 12-713. On September 26, 2016 Ms. Brown submitted an appeal and paid the required $50.00 for the appeal. Summary of appeal: 1. The enclosure would block the sightline of the wooded area therefore causing a safety issue. 2. The dumpster is over 200 feet from the street and next to a wooded area, therefore blocked from view. 3. Older residents may have difficulty operating the enclosure. HOUSING COMMISSION MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 4. Lights from the parking lot would be shielded by the enclosure causing the wooded area to be dark and unsafe. 5. As a rental property they don’t have the safety that a homeowner has with their own waste container. 6. Ice may accumulate near the enclosure due to drainage. 7. There are 4 businesses near the property that don’t have enclosures. 8. The dumpsters are painted to match the building and could be painted again to improve appearance. 9. There is not enough room to install an enclosure and open the lids of the dumpsters. 10. Tenants should have the same rights as homeowners because they are paying higher portion on taxes then homeowners. Section 12-713 SCREENING All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. By ordinance, the City Council serves as the Board of Appeals and will hear the appeal and make a decision whether the interpretation of the City ordinance is erroneous. The board of appeals may reverse, modify, or affirm, in whole or part the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Strategic Priorities:  Enhanced Community Image Attachments: Draft Council Resolution Summary of Actions Ordinances Appeal Letter Correction Order Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ADDRESSING APPEAL OF CERTAIN RENTAL INSPECTION COMPLIANCE ORDERS FOR 4819 AZELIA 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, Penelope Brown, landlord of 4819 Azelia Ave N, appeals the interpretation of city code compliance orders regarding screening of disposal facilities; and WHEREAS, the Board of Appeals finds that the City Ordinance Section 12-713 requires an opaque fence or wall high enough to completely screen equipment for disposal facilities and recycling containers 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 12-713 requires an opaque fence or wall high enough to completely screen equipment for disposal facilities and recycling containers as indicated by the compliance order. 2. The compliance order regarding the screening of waste enclosures 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. October 24, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Ordinance: Section 7-102 REFUSE STORAGE AND DISPOSAL Subdivision 1. Containers Required. The owner of any premises and any other person have refuse as herein defined, must provide and keep on such premises sufficient containers for the storage of refuse accumulated on the premises between disposal or collection. Each container must be watertight, must have a tight fitting lid, must be impervious to insect, rodents, vermin, and absorption of moisture and may not exceed 30 gallons in capacity or 95 gallons in capacity in the case of roll-cart automated containers or have ragged or sharp edges or any other defect liable to hamper the person collecting the contents thereof. All refuse on any premises must be stored in required containers unless it is immediately consumed or disposed of on the premises in an approved incinerator. All commercial, business, industrial, or other such establishments having a refuse volume in excess of two cubic yards per week, and all six-family and larger dwellings, must provide approved bulk or box type refuse storage containers or approved equivalent. The containers must be located so as to be accessible to collection equipment and so as not to require an intermediate transfer. Section 12-713 SCREENING All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. Section 12-1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Chapter, such person may appeal the compliance order to the City Council sitting as a board of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with the department of planning and inspection within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. Section 12-1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory housing commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld.