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Home My WebLink About2009-07-08 HRA Packet AGENDA MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY WEDNESDAY, July 8,2009 7:00 P.M. CITY HALL, CITY COUNCIL CHAMBERS 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. June 10, 2009 Minutes 5. Communications a. Request by Paul Ruby of Rolling Hills Manufactured Home Park-Lot Rate Increases b. HRA Bylaws Revisions c. Quarterly Code Enforcement Status Report Update 6. Unfinished Business 7. New Business 8. Date of Next Meeting August 12, 2009 9. Adjournment DRAFT MINUTES OF THE MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA WEDNESDAY, JUNE 10,2009 CITY COUNCIL CHAMBERS I. CALL TO ORDER Chairperson Pearson called the meeting to order at 7:00 p.m. II. ROLL CALL Chairperson Gary Pearson Commissioner Josh Richter Commissioner Joy Tkachuck Vice-Chairperson Beth Ulrich Present Present Present Present Staff Present: Tom Ekstrand. Citv Planner III. APPROVAL OF AGENDA Commissioner Richter moved to approve the agenda as presented. Commissioner Tkachuck seconded. The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. May 13, 2009 Commissioner Ulrich moved to approve the minutes of May 13, 2009 as presented. Commissioner Richter seconded Ayes - Pearson, Richter, Ulrich Abstentions - Tkachuck The motion passed. V. COMMUNICATIONS a. Quarterly Code Enforcement Status Report Planner Tom Ekstrand explained the most current code enforcement report listing the number of code enforcement cases worked on by staff. Planner Ekstrand mentioned that with the warmer weather and snow melt there has been an increase in the number of complaints of tall grass, trash and junk vehicles in yards. The commission asked staff for additional information on why there is a discrepancy in numbers from previous years in "Total number of re- inspections" and "Total number of complaint cases pending." Planner Ekstrand responded he will get the information from code enforcement staff and report back at the next meeting. b. Truth-in-Sale of Housing Process-Review and Discussion Planner Ekstrand reviewed the staff report concerning questions raised by Mr. Moser and the commission at the last meeting. Mr. Ekstrand explained staff's follow-up response to each of the questions. Commissioner Ulrich asked if a small fee, to be paid by the applicant, could be Housing and Redevelopment Authority -2- Minutes of 06-10-09 added to a transaction in order to make online credit card payments available on the city's website. Planner Ekstrand said he would look into this. c. Annual City Tour Invitation Planner Ekstrand said the city tour will be held on Wednesday, July 1, this year and asked commissioners to R.S.V.P. by June 12. Commissioners Pearson and Ulrich said they will attend. Commissioner Richter said he will R.S.v.P. later. Commissioner Tkachuck will not be able to attend. d. Resolution of Appreciation for Rita Andreoli Commissioner Pearson thanked Rita Andreoli for her service on the commission. Commissioner Pearson moved approval of the Resolution of Appreciation for Rita Andreoli. Commissioner Ulrich seconded The motion passed Ayes - all VI. UNFINISHED BUSINESS Commissioner Ulrich said she noticed on the code enforcement report that 95% of tall grass complaints are on foreclosed homes and asked if code enforcement is having problems locating the building owner. Planner Ekstrand said the building official has not mentioned this to him, but he will check with code enforcement staff and report back to the commission. VII. NEW BUSINESS Commissioner Pearson asked if "Visitor Presentations" could be added to the HRA agenda. Staff responded that Visitor Presentations can be added and he will review the bylaws to see what is required to get this accomplished. VIII. DATE OF NEXT MEETING July 8, 2009 IX. ADJOURNMENT The meeting was adjourned at 7:25 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Tom Ekstrand, Senior Planner Manufactured Home Park Lot Rents-City-Control Request July 1, 2009 INTRODUCTION On May 11, 2009, Mr. Paul Ruby appeared before the city council during visitor presentations to request the city's involvement/assistance in helping to control the lot rent increases at the Rolling Hills Manufactured Home Park. The city council referred Mr. Ruby to the HRA for their consideration of this matter. Request Mr. Ruby and Mr. Justin Bell, Legal & Policy Director with the All Parks Alliance for Change (APAC), are requesting that the HRA consider their request for city assistance in helping to curtail what they feel are unreasonable rent increases at Rolling Hills. Mr. Bell's attached memo explains their requests. Both will be at the July 8, 2009 meeting to present their request to the HRA membership. RECOMMENDATION Staff has no recommendation at this time pending the applicants' presentation. p:HRAIMobile Home Lot Rents APAC Request 7 09 te Attachment: 1. Email transmittal from Justin Bell dated June 19, 2009 2. Memo from All Parks Alliance for Change dated June 19, 2009 3. Monthly Manufacture Home Park Lot Rent Comparisons from APAC Page 1 of 1 Attachment 1 Tom Ekstrand From: Justin Bell uustin@allparksallianceforchange.org] Sent: Friday, June 19, 2009 11 :45 AM To: Tom Ekstrand Cc: Shirley Ruby Subject: Memo/Proposal for the Housing Board Follow Up Flag: Follow up Flag Status: Red Attachments: Memo for Maplewood Housing Board.doc; May14 chart to Bonner.pdf Mr. Ekstrand, Attached is a 2 page memo briefly outlining the issue and 2 possible solutions that the city of Maplewood should consider in addressing the issue. Also attached is a pdf of a chart comparing lot rents in the surrounding area. You can see that the rent increases at Rolling Hills certainly stand out. I'll check in with you next week to make sure you have what you need from us. Please call or email ifthere is anything else I can provide. Thank you for your time and attention. Justin Bell Legal & Policy Director APAC 970 Raymond Ave. Suite #105 St. Paul, MN 55114 office (651) 644 - 5525 cell (651) 208-9458 j ustin@allparksallianceforchange.org 6/19/2009 ~/ ~. AllPARKSAlllAKCEFDRCKAKGE Attachment 2 All Parks Alliance for Change III APAC An Organization of Manufactured Home Park Residents June 19, 2009 Memo regarding possible options for the city of Maplewood to address unreasonable rent increases for manufactured home lots. INTRODUCTION Many cities and counties in Minnesota rely on manufactured home communities as a way to achieve affordable housing goals. In many circumstances, families earning less than 50% of area median income can sustain ably afford to be homeowners without any government subsidy. Manufactured home communities can also be ideal living situations for seniors or others living on fixed incomes. This housing option is made affordable by an arrangement in which a resident owns his or her home, but is allowed to lease the land it sits upon. Rent increases are a necessity and a part of life in any rental housing situation. No one likes when their rent goes up, but please understand that this is not what we are addressing here. Manufactured home owners are in a uniquely vulnerable position. Once their home is moved into a park and placed on a lot, moving it is more often than not virtually impossible. The term "mobile home" is incredibly misleading. These homes are no more "mobile" than any prefabricated or modular house. . Moving a manufactured home costs between $5000-12,000. . Most parks in the state will not allow a home that is over 10 years old to be moved in partly because many parks owners also SELL new manufactured homes. . In many cases the process of moving a manufactured home will cause significant damage to the structure of the home. So, once a home has been moved into a park, the home owner remains in a captive and vulnerable position. Moving out of a park is rarely an option. Most of the time park owners do not take advantage of this and rent increases remain reasonable. Sometimes however, park owners do take advantage of this predicament. A brief comparison of lot rental rates from across the area will show that most parks have similar rent increases, but a few (including ROLLING HILLS of Maplewood) stand out as noticeably higher than other, similar parks. The city of Maplewood and other local communities should define what reasonable rent increases are within their communities based on specific community values and housing goals. Below are two options that the city of Maplewood should consider to protect the residents of manufactured home communities and this unique and valuable form of affordable housing. Northern Regional Office 11 & 121h Streef South Moorhead, /IAN 56560 12181 236-7322 State Office 970 Raymond Avenue, Suite 105 II SI. Paul. MN 55114 Phone: 16511644-5525 II fax: 165115230173 Toll free: 18661 361-2722 info@ollporksallianceforchonge.org II www.ollparksollianceforchonge.arg Soufhern Regional office ] 11 Riverfront Bldg., Suite 109 Winona, MN 55987 [5071858-2722 [Q'~i;~~.I:~ POSSIBLE SOLUTIONS 1) Minnesota Statute 9 327C requires all rule changes (which include rent increases) to be "reasonable". Minn. Stat. 9 327C.01 Subd 8 defines "reasonable" to mean that which: (a) "is designed to promote the convenience, safety, or welfare of the residents, promote the good appearance and facilitate the efficient operation of the park, protect and preserve the park premises, or make a fair distribution of services and facilities;" and (b) "which is reasonably related to the purpose for which it is adopted." Minn. Stat. 9327C.05 subd. 1 makes it clear that these are general criteria of reasonableness which apply to and limit any "course of conduct" by an owner, whether the conduct involves rules, rents, or any other subject. There is little interpretation available as to what "reasonable" means as applied to rent increases, other than case law stating that a rent increase of 100% is on its face unreasonable. A city could adopt a local ordinance version of Minn. Stat. 9 327C in which they define the undefined terms in the statute as they apply and relate to their specific community. In this case, the city could define what "reasonable" means in regard to rent increases as it applies to the affordable housing goals of the community. As long as the local ordinance did not contradict state law and the definition of "reasonable" was in fact reasonable, this could be an effective way of addressing unreasonable rent increases such as those imposed on the residents of Rolling Hills. The definition of "reasonable" should be based on factors like the consumer price index, inflation, cost of living analysis and should still allow for return on the investment of the property owner. 2) Another option in addressing unreasonable rent increases could be some form of rent justification. Rent justification is different than rent control because there is NO limit on how much rent can be raised, but there is figure at which a park owner must at least open a dialogue explaining why the rent increase exceeds an amount that already accounts for inflation, the consumer price index, capital improvements and an additional margin for profit. Minn. Stat. 9 327C.02 already makes the following" considerations relevant in determining the reasonableness of rent increases: (a) any significant changes in circumstances which have occurred since the original rule was adopted and which necessitate the rule change; and (b) any compensating benefits which the rule change will produce for the residents. Some cities such as Westbrook, Maine and Berkley, California have instituted rent justification boards. 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'" U ...:l ~ ~ )f A- S ~ -'-" ~ S -':> ~ "'" "- MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Tom Ekstrand, Senior Planner HRA Bylaws Revisions June 30, 2009 INTRODUCTION At the June 10 HRA meeting, Chairperson Pearson requested that the membership consider adding "Visitor Presentations" to the committee's agenda format to accommodate visitors that may be in attendance. DISCUSSION Agenda Format Staff has attached the HRA bylaws which include the agenda format to be followed. Curiously, the agenda format currently in use is slightly different than that in the bylaws. Aqenda Format in the HRA Bvlaws Aoenda Format Currentlv in Use Roll Call Approval of Minutes Approval of Agenda Bills and Communications Reports of Committees Unfinished Business New Business Commissioner Presentations Adjournment Call to Order Roll Call Approval of Agenda Approval of Minutes Communications Unfinished Business New Business Date of Next Meeting Adjournment Both formats accomplish the coverage of necessary business. Staff recommends, though, that the committee set, or reestablish, the agenda and incorporate it into HRA bylaws for clarity. This can be done by a vote of at least three members. Staff suggests the following: Call to Order Roll Call Approval of Agenda Approval of Minutes Unfinished Business New Business Visitor Presentations Commission Presentations Staff Presentations Adjournment Executive Director Reference While reviewing the bylaws, staff found several references to the special appointment of an executive director. There has never been a reason for the appointment of an executive director to the HRA nor do the bylaws state what the function of that position is. Staff recommends deleting reference to that position. The HRA would still be staffed by a chairperson, vice chairperson and secretary. Annual Meeting Reference The bylaws refer to the holding of an "annual meeting." There is no reason to hold such a meeting since the commission holds regular monthly meetings. A special meeting in March of each year would be redundant. The bylaws, furthermore, do not specify the purpose of that annual meeting. Staff recommends deleting reference to that meeting. RECOMMENDATION Revise the HRA bylaws to reestablish the agenda format, to delete the reference to an executive director and to delete the reference to annual meetings. (The additions are underlines and deletions are crossed out.) p:com_dvmt\HRA\ HRA Bylaws Agenda Revision 2009 Attachment: HRA Bylaws 2 BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF MAPLEWOOD, MINNESOTA ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Housing and Redevelopment Authority of Maplewood, Minnesota." Section 2. Seal of Authority. The seal of the Authority shall be in the form of a circle with the symbol of a Maple Leaf in the center and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authority. The offices of the Authority shall be at the City Hall in the City of Maplewood, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairperson, a Vice- Chairperson, and a Secretary. Section 2. Chairperson. The Chairperson shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairperson shall sign all contracts, deeds and other instruments made by the Authority. Ateach meeting, the Chairperson and city staff shall submit such recommendations and information as they may consider proper concerning the business, affairs and policies of the Authority. Section 3. Vice-Chairperson. The Vice-Chairperson shall perform the duties of the Chairperson in the absence of incapacity of the Chairperson; and in case of the resignation or death of the Chairperson, the Vice-Chairperson shall perform such duties as are imposed on the Chairperson until the Authority selects a new Chairperson. Section 4. Secretary. The Secretary shall perform the duties of a Secretary for the Authority and in the absence of the Chairperson and Vice-Chairperson, shall perform the duty of Chairperson of any meeting. Section 5. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the bylaws or rules and regulations of the Authority. 3 Section 6. Election or Appointment. The Chairperson, Vice-Chairperson and Secretary shall be elected at the first meetinq each year the annual meeting of the Authority from among the Commissioners of the Authority and shall hold office for one year or until their successors are elected and qualified. An Executive Director may be appointed by the Authority. ,^.ny person appointed to fill the office on Executive Director, or any 'Iacancy therein, shall have such term as the Authority fixes, but no Commissioner of the ,^.uthority shall be eligible to this office. Section 7. Vacancies. Should the office of Chairperson, Vice-Chairperson or Secretary become vacant, the Authority shall elect a successor from its membership at the next regular meeting and such election and term shall be for the unexpired term of said office. 'Nhen the office of Executive Direc{or becomes vacant, the ,^.uthority may appoint a successor as aforesaid. Section 8. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Municipal Housing and Redevelopment Law of Minnesota applicable thereto. The selection and compensation of such personnel (including any Executive Director) shall be determined by the Authority subject to the laws of the State of Minnesota. ARTICLE III - MEETINGS Section 1. Annual Meetinq. The annual meeting of the ,^.uthority shall be held on the ZAG VVednesday of March at 7:00 p.m. at the regular meeting place of the Authority. Section 1. Reqular Meetinqs. Monthly meetings shall be held without notice at the regular meeting place of the Authority on the 2nd Wednesday of each month at 7:00 o'clock p.m. unless the same shall be a legal holiday, in which event said meeting shall be rescheduled. Section 2. Special Meetinqs. Special meetings of the Authority may be called by the Chairman, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least 72 hours, three (3) days, prior to the date of such special meeting. At such special meeting no business shall 4 be considered other than designated in the call or notice, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted by the Authority at such special meeting. Section 3. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Authority upon to vote of a majority of the Commissioners present. Section 4. Order of Business. At the regular meetings of the Authority the following shall be the order of business: 1. Roll Call. 2. Reading and approval of the minutes of the previouc meeting. 3. /\pproval of the agenda. 4. Billc and communications. 6. Reportc of Committees. 6. Unfinished Business. 7. New Business. 8. Commiccioner presentation. 9 A"" t . . .ujournmen . 1. Call to Order 2. Roll Call 3. Approval of Aqenda 4. Approval of Minutes 5. Unfinished Business 6. New Business 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations 10. Adiournment 5 All resolutions shall be in writing and shall be copied in the minutes of the proceedings of the Authority. Section 5. Manner ofVotinq. The voting on all questions coming before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of such meeting. Section 6. Rules to Govern Meetinqs. Robert's Rules of Order shall govern the meetings. ARTICLE IV - AMENDMENTS Amendments to Bylaws. The bylaws of the Authority shall be amended only with the approval of at least three of the members of the Authority at a regular or special meeting. Date of Original Approval: April 22, 1975 6 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Tom Ekstrand, Senior Planner Code Enforcement Status Report Update July 1, 2009 INTRODUCTION On June 10 the HRA had questions about the attached code enforcement report. They asked why under the "2008 Actual" column, the 822 (number of reinspections) figure is so high compared to the two previous years. Also why under the "2009 to 6-1-2009" column the 274 (number of reinspections) figure is so high compared to the 132 "complaints inspected." Mr. Fisher explained that the 2008 and 2009 figures are accurate, but he noted that the 2006 and 2007 figures were the best data available based on paper files kept by several inspectors during those years. Our current computer software enables us to accurately track complaints, provide follow-up enforcement and accurately log the number of occurrences. p:HRA\7 09 Code Enforcement Reports te Attachment: 6/1/2009 Code Enforcement Report PROGRAM: CODE ENFORCEMENT DEPARTMENT: COMMUNITY & PARKS June 1,2009 DEVELOPMENT 2006 2007 2008 2009 Year to Actual Actual Actual 6 -1-2009 OUTPUTSlWoRKLOAD Total number of complaint cases 500 575 548 132 inspected Total number of complaint cases that were referred to the Admin/Judicial 5 3 41 7 process Total number of re-inspections 500 575 822 274 EFFECTIVENESS INDICATORS Total number of complaint cases resolved through the Admin/Judicial 5 5 37 7 process and/or abatements Total number of complaint cases 645 545 536 71 resolved Total number of complaint cases 5 5 12 114 pending COMMENTS The Building Official has been managing code enforcement activities since the resignation of the previous full time Code Enforcement Officer. 2008 ABATEMENTS = 38 2009 Y-T-D ABATEMENTS = 7 2008 CITATIONS = 30 2009 Y-T-D CITATIONS = 0 Estimated Breakdown for 2008: Estimated Breakdown for 2009: Debris & Trash = 115 Debris & Trash = 70 Grass over 8 inches = 126 Grass over 8 inches = 25 Junk vehicles and parking on the grass = 113 Junk vehicles and parking on the grass = 44 Zoning, Home Occupations & Misc. = 82 Zoning, Home Occupations & Misc. = 51 Note the above 2008 & 2009 estimated numbers came from the Edens System soft ware and other info from inspectors. NOTE: 95 PERCENT OF GRASS OVER 8 INCHES ARE VACANT OR FORECLOSED HOMES