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HomeMy WebLinkAbout2019 05-21 HCPAGENDA BROOKLYN CENTER HOUSING COMMISSION May 21, 2019 7:00 p.m. Council Commission Conference Room Brooklyn Center City Hall 1) Call to Order: 7:00 p.m. 2) Approval of Agenda 3) Approval of Minutes: March 19, 2019 4) New Neighbor Bag Delivery Schedule 5) Housing Project Discussion – 5801 Xerxes Ave N 6) City Council Liaison’s Report 7) Chairpersons Report 8) Other Business 9) Adjournment 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 MARCH 19, 2018 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 Joan Schonning – Present Michael Stokes – Present Paul Oman - Present Also present was City Council Liaison – Councilmember Kris Lawrence-Anderson; Community Development Director Meg Beekman; and Housing and Community Standards Supervisor Xiong Thao. APPROVAL OF AGENDA There was a motion by Commissioner Amdahl and seconded by Commissioner Oman to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES There was a motion by Commissioner Schonning and seconded by Commissioner Oman to approve the minutes of the Housing Commission meeting on January 15, 2019. The motion passed. APPEAL HEARING FOR 5240 DREW AVENUE N RENTAL CORRECTIONS Chairperson Goodell stated the Housing Commission will review a rental inspection appeal for 5240 Drew Avenue North. He added the appellants will be given 20 minutes to present information, and he requested that Commissioners hold their questions until the presentation is over. He noted the Commission’s discussion will be restricted to the violations and the appeal. Housing and Community Standards Supervisor Xiong Thao presented the staff report related to rental license appeal for 5240 Drew Avenue North, a 10-unit multi-family property. He stated the property currently has a Type II 2-year license which expires on March 31, 2019. The property owners applied for license renewal on December 6, 2018, and rescheduled the inspection twice. The inspection took place on February 22, 2019, at which both Paul Miller and Brad Schumacher, Page 2 property owners, were present. 24 code violations were cited and City Staff received an appeal for 11 of the violations, of which 3 did not meet the threshold for erroneous interpretation of the Code. A total of 8 violations are being appealed at tonight’s meeting. Mr. Thao stated Appeal #1 relates to the lack of a sediment trap. The property owners are appealing this violation as Code does not require a sediment trap, and any violations were with the installation. He added City Code requires a sediment trap on automatically controlled appliances. Mr. Thao stated Appeal #2 relates to missing anti-slip brackets, which should have been installed when a new range was installed. He added City Code requires that cooking appliances should be installed per manufacturer’s instructions. Mr. Thao stated Appeal #8 relates to the appearance of bathtub mold. The property owners are appealing this violation as it is a steel tub, and the inspector did not indicate that the mold was on the tub caulking. He added City Code requires that all units must be maintained in sanitary and safe condition. Mr. Thao stated Appeal #3 relates to an escutcheon ring in Unit 9 that was not caulked. The property owners are appealing this violation as the escutcheon ring has a built-in seal and calking is not necessary. He added City Code requires that bathtubs must be in good working condition. He noted the inspector was able to pull the ring away from the wall, as it was loose and easily manipulated. Mr. Thao stated Appeal #6 relates to use of surge protectors and extension cords in Unit 9. The property owners are appealing this violation as the use of surge protectors is not a violation of City Code. He added the inspector found two power strips with extension cords plugged into them, creating a “daisy chain”, and showed this violation to Mr. Miller. He noted Fire Code and City Code prohibit the use of extension cords as a substitute for permanent wiring, and when used, must be plugged directly into an outlet. Mr. Thao stated Appeal #7 relates to use of extension cords in Unit 10. The property owners are appealing this violation as both extension cords have surge protectors. He added the inspector noted a power strip in the living room with additional cords plugged into it, creating a “daisy chain”. He noted Fire Code applies to this violation. Mr. Thao stated another violation in Unit 10 is the countertop edging in the kitchen, which was left bare. The property owners are appealing this violation as the edge of the countertop had a clear coat of polyurethane on it. He added City Code requires that cabinets and shelves shall be of adequately sound construction with finished surfaces. Mr. Thao stated Appeal #5 relates to an extension cord in a public hallway area that is hanging from a roof access panel. The property owners are appealing this violation as the extension cord was not plugged in. He added Fire Code applies to this violation. Page 3 Mr. Thao stated City Staff is recommending that the Housing Commission recommend affirmation to the City Council of 8 violations found during the February 22, 2019 inspection of 5240 Drew Avenue North. Commissioner Oman asked whether the property owner is responsible for placing the power strips. Mr. Thao stated the City holds the landlord accountable for violations regardless of whether they are tenant-related or not. He added property owners are given the opportunity to conduct a pre- inspection to ensure that no violations are found. Commissioner Oman asked whether there are adequate numbers of outlets in the units. Mr. Thao stated electric Code requirements have changed since the property was built. Chairperson Goodell asked whether appliances are inspected for sediment traps, and if gas ranges usually have them installed. Mr. Thao stated a building permit is required for new appliance, and installation of a trap would be inspected as part of the building permit process. He added traps are required for gas ranges. Commissioner Oman asked whether all the units are currently occupied. Mr. Thao stated the appellants have indicated that all units are rented but the City does not have verification. Commissioner Baskin requested clarification regarding Fire Code 605.5.1, which specifies that extension cords must be plugged into an approved receptacle or multi-plug adaptor. Mr. Thao stated a multi-plug adaptor would be a power strip with an on/off switch, that can be turned off to prevent a power surge. He added the Code prohibits the use of extension cords as a substitute for permanent wiring. He noted the basic requirement is that extension cords must be plugged directly into a wall outlet, and not daisy-chained into one another. Commissioner Oman asked whether there is something in the Code that prohibits extension cords from being used to provide power to major appliances. Mr. Thao confirmed this. He added the inspector did not need to trace the wiring to see which appliances were plugged into the extension cord, as the violation was already recorded. Commissioner Oman asked whether City inspectors ever use video to document inspections. Mr. Thao stated the inspectors do not take photos at the time of inspection. He added there is currently no policy related to using video or photos, and there are issues related to privacy and consent. Chairperson Goodell stated, regarding stove anti-tip brackets, Code requires that installation should be done according to the manufacturer’s instructions. He added this violation is related to a used appliance, and the appellant did not have an installation manual. Mr. Thao stated the City’s requirements are based on industry standards. Page 4 Chairperson Goodell stated the appellants were present at the meeting. He invited them to address the Commission. Paul Miller and Brad Schumacher addressed the Commission. Mr. Schumacher stated he was born and raised in Brooklyn Center, and he is now a rental landlord in the community. He added he got into the rental business to learn about property development and provide affordable housing, to which both he and Mr. Miller are extremely committed. He noted he feels like the City’s inspection process is a snare or a trap, since none of these violations would mean anything if the process was based on anything other than a 6-month rental license. Mr. Schumacher stated both he and Mr. Miller have worked with City inspectors in the past who have been agreeable to working together to resolve issues during the inspection so that a violation would not be necessary. He added there is an inspector in Brooklyn Center who does not like Mr. Miller. He noted, as an example, the extension cord that is plugged into the ceiling has been there since 2006 and it has never come up in a previous inspection. Mr. Schumacher stated there was no caulking around escutcheon rings in any of the units that were inspected, but the inspector called out only one of the units. He added the escutcheon rings have a rubber ring on the inside and caulking is not necessary. Mr. Schumacher stated the inspector does not take photographs or make a video of the inspection. He added the process is set up so there is a lack of evidence to prevent landlords from appealing. He added the federal government requires photos of code violations, and many other city’s inspectors take inspection photos. Mr. Schumacher showed an example of an extension cord that is used in one of the units. He added there are enough outlets on every wall in all the rental units, and the electric Code has not changed since the property was built. Chairperson Goodell stated the role of the Housing Commission is to review the violations and provide recommendations to the City Council. He added any questions or comments about City policies or procedures should be directed to City Staff. Mr. Schumacher showed an example of wood trim that is used on the countertop edges, and it has a clear coat of polyurethane on it. Mr. Miller stated he told the inspector that the trim had a coat of polyurethane on it, but the inspector said it was rough to the touch, so it is not considered sealed. Mr. Schumacher showed an example of a cabinet door that is rough but has a clear coat. Mr. Schumacher stated the extension cord that is in the ceiling is not being used and is being stored for when it is needed on the building’s flat roof for snow removal or other maintenance. Page 5 Mr. Schumacher requested that the Housing Commission remove the alleged violations that are being appealed. He added he would like to recommend that City inspectors should take inspection photos, to help the Housing Commission make better decisions. Mr. Miller reviewed an unrelated 2016 inspection when the property went from a 3-ye ar to a 1-year license because of two violations. He added one of the violations was a waste enclosure door that was left open by the waste hauler while the inspector was there. Chairperson Goodell clarified that this is not the case that is currently being reviewed. Mr. Miller stated he and Mr. Schumacher would like to have a positive working relationship with the City’s inspectors. He added their goal is to provide quality, affordable rental housing in Brooklyn Center. He noted the City’s inspectors make that difficult by seeking out violations rather than trying to work together. City Council Liaison Lawrence-Anderson stated she recommends that the appellants attend the City Council meeting on March 25, 2019, when this case will be reviewed. She added she would also recommend that the appellants include their comments about the importance of inspection photos. Commissioner Baskin requested clarification regarding the countertop material. Mr. Schumacher stated the countertops are formica. He added they have a wooden trim edge. Commissioner Amdahl asked whether the countertop edges were peeled off, or if they have always been bare wood. Mr. Schumacher stated the edges are wood sealed with polyurethane. Commissioner Johnson stated this type of countertop usually has a strip of formica laminate that is adhered to the exposed sides. Chairperson Goodell stated the Housing Commission has reviewed other appeal cases where the landlord has presented their own inspection photos. He added this is acceptable, and in this case, might have been helpful. Chairperson Goodell stated the extension cord shown by Mr. Schumacher looks like it is a surge protector, with an on/off switch. He asked whether other extension cords were plugged into it. Mr. Schumacher stated there were other cords wrapped up behind a television and were not visible that were plugged into the surge protector, and the inspector did not move the television to see the cords. He added there were no extension cords. Chairperson Goodell asked whether Mr. Schumacher is asserting that he did not see the inspection of the extension cord. Mr. Schumacher confirmed this, stating the inspector writes on his clip board and walks away. Page 6 Commissioner Stokes stated City Staff indicated in their report that all violations were pointed out to the landlord during the inspection. Mr. Thao confirmed this, adding Code violations are pointed out by the inspector to whoever is present. Commissioner Baskin stated, regarding the countertop, the wood sample presented by Mr. Schumacher is a smooth surface with clear coating. He asked whether Mr. Schumacher is indicating that he put a clear coat on the rough edges of the countertop. Mr. Schumacher stated a piece of wood trim was attached to the end of the formica countertop. He added the wood trim is sprayed with a lacquer to provide a finished edge on the corner of the formica countertop. Commissioner Baskin asked what the extension cord near the ceiling is used for. She added Mr. Schumacher had indicated earlier that it was plugged in. Mr. Schumacher stated the extension cord is not used, and it is stored near the ceiling for use on the flat roof. Mr. Schumacher stated they intend to fix all the items that have been mentioned, and they will not dispute the process. Commissioner Baskin asked whether the appellants have any information on anti-tip brackets. Mr. Schumacher stated the stove is not new, and it was purchased from A-1 Appliance. He noted an instruction manual would be different for an older unit. Mr. Thao stated City Code does not differentiate between new and used appliances. Commissioner Baskin requested clarification regarding anti-tip bracket requirements. Mr. Thao stated that is not specified in City Code, which defers to manufacturer’s requirements. He added all major manufacturers require anti-tip brackets. Chairperson Goodell stated the appellants indicated in their appeal that the instruction manual was not included when you purchased the appliance. Mr. Schumacher confirmed this, adding an instruction manual is not included when you purchase a used appliance. Mr. Oman asked whether a replacement or substitute bracket would have been acceptable. Mr. Thao confirmed this. Mr. Thao stated the City’s rental license program was reviewed and amended in 2010 to put more responsibility on rental property managers to take care of their properties. He added, prior to 2010, all rental properties were given a 2-year license regardless of any violations. He noted the current process includes a pre-inspection checklist which gives property managers the opportunity to fix any violations before the inspection occurs. Commissioner Baskin asked whether the severity of the violation is taken into consideration. Mr. Thao stated no weight is given to the type of violation. Mr. Schumacher stated the inspector chooses which units he wants to inspect. He added different rules apply to different landlords. Page 7 Mr. Thao disputed that assertion, stating the Code requires that all units are inspected with no exceptions. Mr. Schumacher stated many developers can afford to buy large properties and fix them up. He added he and Mr. Miller buy at retail and try to do a good job but cannot compete with large developers. Commissioner Baskin asked whether there are anti-tip brackets installed in any of the other units. Mr. Schumacher stated they do not have them installed in any other units, and it has never been brought up by an inspector before. He added it is not a fair process. Chairperson Goodell stated this unit was flagged because appliance was replaced without the necessary permit. Mr. Thao confirmed this, stating the appliance was presented as a new appliance at the time of inspection. He added other units were not checked because they would be grandfathered in. Chairperson Goodell stated the appellants should document any instances of unfairness in the inspection process. He added such information should be given to City Staff for review. Chairperson Goodell requested clarification regarding the drip trap. Mr. Miller stated they are not required under the international building code, unless it is an automatic appliance that runs without supervision. He added it is not required on an appliance like a stove, which is turned on and off. Mr. Thao stated drip traps are not automatically required when there is no knowledge of how or when the stove was installed. Commissioner Baskin asked whether the appellants have a copy of the international building code. Mr. Schumacher stated it is included in the City Code. He added it specifies the difference between automatic vs. human use. Chairperson Goodell asked whether Mr. Schumacher believes that a thermostat in an oven does not count. Mr. Schumacher stated an oven does not have a pilot light. He added it is a different process under international building code. Commissioner Oman asked whether the countertops are constructed the same way in all the units. Mr. Schumacher confirmed the countertops are the same in all the units, but the inspector only called it out in two of the units. Chairperson Goodell stated the finish may have been damaged in some of the units. Mr. Schumacher stated the cabinets in all units have the same clear coat. Mr. Schumacher stated he appreciates that the City Code of Brooklyn Center is intended to make better places for people to live. He added, in his opinion, all properties should start out with a 3-year license, and if there are violations, then they would be moved to a 2-year license. He noted inspectors should work with property managers so that there is consistency during inspections. Page 8 Mr. Schumacher stated he would like to serve on the Housing Commission. He added he would be happy to come back and answer questions and give advice. Chairperson Goodell stated the Commission could address each violation individually. The Commissioners agreed. Chairperson Goodell requested discussion regarding sediment drip trap for gas appliance. Commissioner Baskin stated it seems that the appliance, a gas range, falls within the category of automatically controlled appliance. Commissioner Oman stated, in his opinion, a gas range is manually operated. He added a drip trap is not required. He added he does a lot of work in Minneapolis and he has never seen a drip trap on a stove. Chairperson Goodell asked whether it is typical that new ovens are required to have drip traps. Mr. Thao confirmed this. Chairperson Goodell stated the Code there are many different technologies and types of appliances, and the Code should be clear as to why a drip trap is needed. Commissioner Baskin stated, according to the definition, a drip trap is required if the gas range does not require complete gas shut off, and if it can be turned on and off. Commissioner Oman stated there is room for further research on this issue. Chairperson Goodell read from Section 408.4 – Sediment Traps: “A sediment trap shall be installed on all automatically controlled gas appliances where a sediment trap is not incorporated as part of the appliance. The sediment trap shall be installed as close to the lid of the appliance as practical before any regulator or automatic gas valve pressure regulators.” He added this encompasses all automatically controlled gas appliances. Mr. Thao read the definition of automatically controlled gas appliances on Page 5: “An automatic appliance equipped with an automatic burner ignition and safety shut off device and/or other automatic devices which accomplish complete turn on and shut off of the gas to the main burner or burners and graduate gas light to burner or burners but do not complete shut off of the gas.” Commissioner Amdahl stated she found an online article written by an appliance installer, who indicated that he includes gas ranges among appliances that need to have a sediment drip. Chairperson Goodell asked what the purpose of the drip trap is. Commissioner Johnson stated the trap collects particles so they will not clog the gas line. He added they are not easy to install. Chairperson Goodell stated this is another area in which the Code is not clear. There was a motion by Commissioner Baskin and seconded by Commissioner Schonning to affirm Violation #1. The motion passed (5-1). Page 9 Chairperson Goodell stated the 2nd violation is related to anti-tip bracket installation on a gas range. Commissioner Oman stated there is sufficient reason to support this violation as there are substitute brackets available that could have been used. Commissioner Johnson stated the make and model of the appliance is not known, and installation requirements were not available. He added a manual should have been available when the appliance was purchased. Commissioner Amdahl stated a permit should have been acquired for the appliance, and since that was not done, the property owner would not have known the process. Mr. Thao confirmed this, adding Code applies to installation of appliances regardless of the age of the appliance. Commissioner Baskin stated she is unsure whether the anti-tip bracket is necessary for safety reasons. She added the appliance can be installed safely, and considered sanitary and efficient, without the anti-tip bracket, as referenced in City Staff’s response. Commissioner Oman stated the inspector’s findings should not be challenged if a bracket is required by City Code. He added there are universal kits for this type of bracket, and it is not an undue hardship to install one. Commissioner Stokes stated the anti-tip bracket is helpful for safety reasons, because if the appliance is accidentally bumped or moved it could affect the gas line. There was a motion by Commissioner Oman and seconded by Commissioner Johnson to affirm Violation #2. The motion passed (4-2). Chairperson Goodell stated the third violation is an escutcheon ring for shower wall which was not caulked. He added the appellant claims the seal is built in and does not need caulk. Commissioner Oman stated the inspector indicated the bracket was loose and should have been caulked. There was a motion by Commissioner Oman and seconded by Commissioner Schonning to affirm Violation #3. The motion passed. Chairperson Goodell stated the fourth violation is related to countertop edging with clear coat. He added, in his opinion, if the seal was damaged it would be apparent. Commissioner Baskin stated it is not an ideal countertop edging finish. Page 10 Commissioner Oman stated it seems like a relatively easy fix. Chairperson Goodell stated the total number of violations will determine the type of rental license that is approved. He added it is not a question of how difficult it is to fix, but rather whether it is a violation in the first place. Commissioner Baskin stated based on the description of the countertop, it would be difficult to determine whether the edge is sealed if they did not touch it or feel the surface. There was a motion by Commissioner Baskin and seconded by Commissioner Schonning to affirm Appeal #4. The motion passed (5-1). Chairperson Goodell stated the fifth violation relates to an extension cord stored near the ceiling in a hallway that was plugged in during the inspection. He added the appellants stated the cord is stored there for use as needed on the flat roof, but it is not plugged in. Commissioner Schonning stated it is not clear from what was said whether the extension cord was plugged in or not. Commissioner Johnson stated it should be a violation even if it was not plugged in. He added electric code requires that extension cords should not be used for power to connect anything that needs to be hard wired. He noted City Code 605.5 does not apply in this case. There was a motion by Commissioner Oman and seconded by Commissioner Baskin to affirm Appeal #5. The motion passed. Chairperson Goodell stated the 6th and 7th violations relate to use of extension cords in a “daisy chain”, which is prohibited in City Code 605.5.1. Commissioner Baskin stated it would not be common for someone to use multiple extension cords behind a television, especially if there is a power strip. Commissioner Johnson stated he has extension cords in his home that are plugged into an outlet strip so he can turn components on and off at the same time. He added it is protected by the circuit breaker. He noted it is difficult to hold landlords responsible for this, when tenants will go back to using extension cords when they are gone. Chairperson Goodell stated City Code 605.5.1 requires that extension cords must be plugged directly into approved receptacle or multi-plug adaptor. He added it is not clear if this is a violation. He noted it is the landlord’s responsibility to prepare for the inspection. There was a motion by Commissioner Amdahl and seconded by Commissioner Baskin to affirm Appeals #6 and #7. The motion passed (5-1). Page 11 Chairperson Goodell stated the 8th violation relates to tub caulking that had the appearance of mold. He added the appeal states that the steel tub could not have had mold on it. Chairperson Goodell the question is not whether mold was growing on the tub, but whether there was mold on the caulking around the tub. There was a motion by Commissioner Schonning and seconded by Commissioner Johnson to affirm Violation #8. The motion passed. Chairperson Goodell stated, in summary, the Housing Commission recommended affirmation of Appeals 1, 2, 3, and 8; and recommended nullification of Appeals 4 5, 6 and 7. There was a motion by Commissioner Baskins and seconded by Commissioner Johnson to close the Appeal Hearing. The motion passed. Chairperson Goodell thanked the Commissioners for their input and decisions. He added the recommendations will be presented to the City Council at their March 25, 2019 meeting. Commissioner Oman asked whether the City conducts its own inspections. Mr. Thao confirmed this, adding electric inspections are contracted out. CITY COUNCIL LIAISON’S REPORT City Council Liaison Lawrence-Anderson stated a design workshop series is planned to review the Opportunity Site. She added the first meeting is March 20, 2019. She encouraged the Housing Commissioners to attend the meetings, as there will be a housing component, and the meetings build on each other. She noted the second and third meetings will include discussions with the developer. Community Development Director Meg Beekman stated it is anticipated that a development proposal for Phase 1 is imminent, and construction should commence on the site within 12 months. She added the design workshops will provide an opportunity to review the proposed development with the developers and designers. City Council Liaison Lawrence-Anderson stated the first development workshop will be held at the Brookdale Library, and food will be provided. City Council Liaison Lawrence-Anderson stated a Joint Commissions meeting is scheduled for April 2, 2019, from 6:00 – 8:00 p.m. She added Housing Commissioners are welcome to attend, to hear presentations and get together with other Commissions. Chairperson Goodell encouraged the Commissioners to attend. He agreed to send an email reminder regarding this event. City Council Liaison Lawrence-Anderson requested that Housing Commission meeting notices be emailed to her, as she did not receive notice of this meeting. Mr. Thao agreed. Page 12 CHAIRPERSONS REPORT Chairperson Goodell stated the Housing Commission’s next meeting is scheduled for April 16, 2019. He added there are other several other events and meetings happening that night. He asked whether the Commission would support rescheduling or cancelling the April meeting. Commissioner Schonning stated she supports cancelling the meeting so the Commissioners can attend other meetings. City Council Liaison Lawrence-Anderson stated she plans to attend the Police Awards to be held that night, which is a very positive and uplifting event, held in Constitution Hall. There was a motion by Commissioner Oman and seconded by Commissioner Baskin to cancel the Housing Commission’s April 16, 2019 meeting. The motion passed. OTHER BUSINESS There was no other business addressed by the Commission. ADJOURNMENT There was a motion by Commissioner Baskin and seconded by Commissioner Schonning to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 9:10 p.m. __________________________________ Chairperson