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HomeMy WebLinkAbout2022 02-28 CCM REGULAR SESSION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 28, 2022 VIA ZOOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike Elliott at 6:47 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Reggie Edwards, Community Development Director Meg Beekman, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for Informal Open Forum. Roger C. stated there has been discussion about remodeling the Community Center. He explained he goes to the Community Center to exercise from time to time, and he does not see the need for any remodel. If the Council decides to remodel the Community Center,he asks for them to appeal to the State to access their excessive funds. Ebony asked how long it will take for the City to implement the no-knock warrant changes. She explained it is unsettling for her and her family. She asked for the City to give something back to the Wright family and the community as a whole. She asked if the Council will show progress in 2022 because they have been holding meetings for years without results. Randy C. stated the Council's role is to hear from the presenters but not to engage with them. He stated he would not like the celebration to turn into a political event. Lori B. stated the event at the Heritage Center sounds like an exciting opportunity for the community without much pushback from the Council. As for the Implementation Committee, she urged the Council to ask questions before moving forward with approving the Committee appointments. Lori B. added she emailed members of the Council regarding the City's no-knock warrant policy. She said she only received a response from Councilmember Ryan and thanked him for his response. Brooklyn Center has had enough trauma, and they cannot afford to have another incident. Lori B. urged the Council to push forward a policy prohibiting no-knock warrants. 2/28/22 -1- Brooklyn Center Police Department currently has the authority to carry out no-knock warrants, and that is frightening. The City can create a moratorium on no-knock warrants. Organizations are working on legislation to ban them completely, but a moratorium would be an easy temporary fix for the unsafe policy. Jeffrey D. stated he does business and organizing in the Brooklyn Center area. He urged the Council to accept the proposed Implementation Committee appointments as that would be a sign of action being taken. He added he would like the Council to ban no-knock warrants in Brooklyn Center. Mira A. stated her biggest concern is no-knock warrants. She explained she is a Brooklyn Center resident with children. She would like to see no-knock warrants banned as they are detrimental and unsafe for the community and police officers. Joy stated the City has $3 million of American Rescue Plan Act (ARPA) funds that can be used through 2024. She stated the Council doesn't want to rush into decisions about an event in May. Similarly,the Council should not rush any decisions about the use of the ARPA funds. There were four priorities mentioned in the ARPA presentation, but those pillars were not reflected in the programs presented. Joy noted Staff claimed that there was extensive community engagement, but there were only two meetings within two weeks. They have plenty of time to use the funds, and there should be more community engagement to decide the use of the funds. Joy stated she would like to see the elimination of no-knock warrants as that will make their community safer. The Council needs to meet the needs of the community rather than the needs of officers. Joy asked if the ARPA funds could be used for the Community Center. As mentioned by another resident, the Council could ask the State for dollars to fund the Community Center projects. Joy noted there was a lot of partnership with Brooklyn Park mentioned in the presentation of the ARPA funds. The Council should consider why they are funding programming in another city. She asked why some ARPA funding was used for an HVAC system and door handles since Staff went remote. She asked if there was a way for the public to look at an itemized list of the use of the funds so far. She asked how the City is measuring the use of the funds to determine if they are being successful. Joy stated she hopes the Council will pass the appointments of the Implementation Committee. She noted the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution was passed almost a year ago,and she would like to see the initiatives move forward. She added there seems to be a mindset of division, and that is not the intention of the Resolution. Mayor Elliott stated Staff will follow up on the spending of ARPA funds and what success looks like. • 2/28/22 -2- Jean L. noted he has similar concerns as Joy regarding the community engagement process for the allocation of ARPA funds. He thanked City Manager Edwards and Community Development Director Beekman for putting together the presentation. He stated he would like to hear more about the community engagement process and transparency about who was engaged. He explained he works with community members, and many members of the community don't know what ARPA funding even is. The Council needs to allocate the dollars in partnership with the community. He added he would like to see a no-knock warrant ban in Brooklyn Center. The City carried out two no-knock warrants last year, and it was two too many. Jean L. thanked Council for their leadership in pushing for the Daunte Wright and Kobe Dimock- Heisler Community Safety and Violence Prevention Resolution and funding it. He thanked those who served on the interview panel for the Implementation Committee. He explained he would like to see the initiative move forward to be an example for the rest of the State. Mariah S. stated the City is advertising that it is a good City for small businesses, but she has run into issues trying to run a small business in the City while living in the City. Some ordinances need to be changed. For example, she is not allowed to park her commercial vehicle in her driveway. She asked if there could be an option for a permit to keep a commercial vehicle in her driveway. She added she supports the ban of no-knock warrants in the City. Mayor Elliott stated the City needs to take action on no-knock warrants. He asked Staff to look into Mariah's comments about commercial vehicles being parked in residential driveways. The City allows large vehicles such as RVs to park in driveways, which are regularly larger than commercial vehicles. Mayor Elliott moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:15 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan stated Russia has invaded the sovereign nation of Ukraine. He deplored the unlawful act of aggression and the egregious loss of life that is likely to follow. He added his concern for the violence occurring throughout the Country and their own community. He asked for a prayer for peace around the world, region, State, and City. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:18 p.m. 4. ROLL CALL 2/28/22 -3- Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Reggie Edwards, Community Development Director Meg Beekman, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Barb Suciu, and City Attorney Jason Hill. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 14, 2022— Study Session 2. February 14, 2022—Regular Session 3. February 14, 2022—Work Session 6b. LICENSES GARBAGE HAULER Suburban Waste MN LLC 7125 126th Street West#500 Savage, MN 55378 HOSPITALITY ACCOMMODATIONS Brooklyn Center Hotel Group LLC 6250 Earle Brown Drive dba: Fairfield Inn& Suites Brooklyn Center, MN 55430 MECHANICAL Alliance Heating & Cooling LLC 1603 Morgan Avenue North Minneapolis, MN 55411 Appliance Connections Inc 12850 Chestnut Boulevard Shakopee, MN 55379 DNA Heating & Cooling 950 Bayview Drive Excelsior, MN 55331 RENTAL INITIAL (TYPE IV—six-month license) 7018 Girard Avenue North Carmen Ganga 6718 Quail Avenue North Ikran Hassa 2/28/22 -4- INITIAL (TYPE III—one-year license) 7201 Riverdale Road Gavindra Persaud INITIAL (TYPE II—two-year license) 1713 70th Avenue North Priscilla Tiffany Chen/Larkin Street Housing 6813 Beard Avenue North Ethan Lucas Spaid/Beard Bros Housing 5410 France Avenue North SFR Acquisitions 1 LLC /Pathlight 6937 France Avenue North Susan Obwaya 6436 June Avenue North Terry Williams/ Spirit Properties LLC 6601 Xerxes Place North Gary Schlotfeldt RENEWAL (TYPE IV—six-month license) 2023 Brookview Drive Home SFR Borrower/ Scott Beck 6207 Chowen Avenue North Doreen Kalema/Butterfly Bound Care 5333 Dupont Avenue North Home SFR Borrower/ Scott Beck RENEWAL (TYPE III—one-year license) 1302 69th Avenue North Aeon Holdings/ Carrington Drive Carrington Drive Apartments Holdings 1001 65th Avenue North Messiah Moore/Bright Path Homes 5406 Sailor Lane James Waters RENEWAL (TYPE II—two-year license) 3412 62nd Avenue North Neng Zhang 6336 Beard Avenue North Chen Zhoa/ Cosco Property I LLC 6734 France Avenue North Alexander Lang 3816 France Place Segun Olatayo/ Olejola Azum 6413 June Avenue North D Wahl/Cel Monton 2/28/22 -5- RENEWAL (TYPE I—three-year license) 4703 68th Avenue North Bernard McDonough 6701 Bryant Avenue North IH2 Property LLC /Invitation Homes 5147 Drew Avenue North Frank Jin& Emily Zhoa 6800 France Avenue North Wilburt Brooks 6c. RESOLUTION NO. 2022-25; APPROVING 2022 FEE SCHEDULE AMENDMENTS 6d. RESOLUTION NO. 2022-26; ACCEPTING STATE CONTRACT PRICING AND AWARDING A CONTRACT, PROJECT NO. 2022-07, 2022 PARK PLAYGROUND REPLACEMENTS 6e. RESOLUTION NO. 2022-27; DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6f. RESOLUTION NO. 2022-28; DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2022-29; APPROVING THE PROJECTED USE OF FUNDS FOR THE 2022 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF A SUB- RECIPIENT AGREEMENT WITH HENNEPIN COUNTY City Manager Reggie Edwards introduced the item and invited Deputy Director of Community Development Jesse Anderson. Deputy Director of Community Development Jesse Anderson explained Staff is seeking allocation of the 2022-2023 Community Development Block Grant (CDBG) funds. CDBG funds are provided by the U.S. Department of Housing and Urban Development (HUD) to help with community development activities that benefit low and moderate-income persons. The funds are primarily intended for brick and mortar improvements, as opposed to public service activities. Hennepin County receives CDBG funds directly from HUD as part of a consolidated pool of funds, which is administered on behalf of participating suburban Hennepin County communities. 2/28/22 -6- Brooklyn Center is considered a Direct Allocation City and is a sub-recipient of the funds through Hennepin County. Mr. Anderson explained the Federal Authorizing Statute for the CDBG program requires that each funded CDBG activity meet one of three national objectives: benefiting low-income persons, preventing or eliminating slums and blight, or meeting urgent community needs. Mr. Anderson stated as part of the administration of the CDBG funds, Hennepin County adopts a five-year funding plan, which further defines the priority needs of the program and clarifies what activities are eligible for funding. Overall, the priority needs are around continuing what's working, while shifting the focus to preserving affordable housing and reducing disparities in housing stability. Priorities include efforts to preserve and create rental opportunities, preserve and create homeowner opportunities, create housing opportunities for homeless populations, support education, outreach, and services, encourage neighborhood revitalization, and stimulate economic development. Mr. Anderson noted Staff has been advised by Hennepin County to use the estimate of$258,000, based on last year's allocation to determine the allocation of funds. However, this allocation amount could be adjusted once HUD provides final amounts. Hennepin County receives the lump sum from HUD and determines the allocation among the participating cities based on a formula that takes into account population and need. Mr. Anderson stated there is currently $215,000 of funds available in the Down Payment Assistance Program that was allocated in previous funding years. The staff has discussed the timing of the funding with the County, and the only step to continue the program with existing funds will be to sign an addendum to the current sub-recipient agreement in July. Mr. Anderson stated staff recommends allocating the entire $258,000 towards the Home Rehab Program due to the high number of applicants on the waiting list,which is currently 164. He noted the County has increased its efficiency in receiving applications which should assist with the waiting list issues. The Down Payment Assistance Program would continue to use the $215,000 remaining or consider funding with Tax Increment Financing District Three funds. Mr. Anderson added there is a housing study underway. Through the study, it is possible areas of need or other programs may be identified. At that time, Staff may bring forward a request for reallocation of CDBG funding. Mayor Elliott moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Randy C. thanked Staff for their work on the item. Joy asked if the CDBG funds can be used to support their renter base. Mr. Anderson stated staff has reviewed options for rental assistance with the CDBG funds, but there are numerous restrictions. 2/28/22 -7- Joy stated she was hoping for supporting families in bad rental situations, similar to the tenant protection ordinance. Mr. Anderson stated they have only seen the funds used for unit improvements and not for distribution directly to tenants. He explained HomeLine has been funded through CDBG, and the County allocates those funds. Councilmember Ryan stated there is aid that is being distributed throughout the County for purposes relevant to Joy's comments. Throughout 2020 and 2021, the County distributed $62 million in emergency rental assistance. In 2022, they will distribute about $60 million for rental assistance and additional funds through ARPA. He explained it is encouraging to see there is so much rental assistance out there, though there have been problems with the timing of the distribution. Mayor Elliott moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Mayor Elliott moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2022- 29; approving the projected use of funds for the 2022 Urban Hennepin County Community Development Block Grant program and authorizing signature of a sub-recipient agreement with Hennepin County. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCE REGARDING TENANT PROTECTIONS AND APPROVE A RESOLUTION NO.2022-30; TO ALLOW A SUMMARY PUBLICATION OF THE ORDINANCE Dr. Edwards introduced the item and invited Ms. Beekman to make the staff presentation. Ms. Beekman noted the item has been presented to the Council several times. Based on feedback from the Council and the Housing Commission, Staff has prepared a Resolution and Ordinance which includes a 30-day pre-eviction notice and removes the 90-day notice of non-renewal without just cause provision. Ms. Beekman explained on November 8, 2021, the City Council met and approved the first reading. She noted the original proposal is very similar to the current proposal. On December 13, 2021, the City Council met and held a public hearing on this item. After the public hearing and Council discussion, the vote on the second reading of the ordinance was delayed until January 24, 2022. 2/28/22 -8- Ms. Beekman stated on January 6 and January 12 of 2022, staff held meetings with property owners and managers to discuss the proposed Ordinance. On February 14, 2022,the City Council met, discussed a revised version of the Ordinance, and requested additional feedback from the Housing Commission. Ms. Beekman noted the Housing Commission met on February 15, 2022. They heard comments from property owners,renters, and tenant advocates. They agreed a tenant protection ordinance is needed The Commission would prefer a 30-day pre-eviction notice but would consider the 14 days to be a good compromise. The Commission was split on whether or not to include the 90- day non-renewal notice without just cause. Three Commissioners preferred to remove the 90-day non-renewal without just cause, and two Commissioners preferred to keep it in the Ordinance. Finally, the Housing Commission agreed that the property owners and property managers should be required to document and report non-renewals. Ms. Beekman added Staff received feedback from Minneapolis and St. Louis Park as they are the only cities in the State that have such ordinances. Both cities have not received any complaints regarding violations of the ordinance. Minneapolis stated that they had originally proposed 30 days based on feedback from their public hearing, but they lowered it to 14 days after receiving feedback from property managers and owners. St. Louis Park originally proposed 10 or 14 days for a pre-eviction notice,but after the property owners opposed the length,they lowered it to seven days. Both cities have been unable to determine the effectiveness of the program due to the eviction moratorium. Ms. Beekman stated the proposed Ordinance includes a 30-day pre-eviction notice and establishes requirements that prevent a property owner or property manager from nonrenewing an existing tenant lease without just cause. Reasons for just cause include non-payment of rent, material noncompliance, refusal to renew, occupancy by the property owner or family member, building demolishing or conversion, rehabilitation or renovation, complying with a government order to vacate, occupancy conditioned on employment. She noted the 90-day non-renewal notice without just cause removed. Councilmember Ryan stated Minnesota has the fifth-lowest eviction rate in the nation and has fewer evictions than before the pandemic. There is not an eviction wave. He added he has been checking in on the County's eviction dashboard, which is a tool to search for evictions by zip code and housing provider. The majority of evictions in the area are in public housing and nonprofit housing facilities. He added they do not have much data on non-renewals. He asked if that was true. Ms. Beekman confirmed there is not much data on non-renewals. Councilmember Ryan stated he is concerned with the 30-day pre-eviction notice. That provision puts the property owner or manager in a tough position. Typically, a person gets five or seven days of notice if their rent is late. It is an attempt to begin negotiation between the property owner and the tenant to work out the payment of rent. If the property manager hesitates for a day or two, that launches the non-payment into another month. That was a concern shared by many property owners. 2/28/22 -9- Councilmember Ryan added 60 days is the best practice for non-renewal notices. By removing the option for a non-renewal notice period, it would take away a valuable tool from property owners. Additionally, it makes it difficult for property owners to remove problematic tenants. All in all, Councilmember Ryan stated he was not comfortable with the Ordinance as presented. Mayor Elliott stated Minnesota is sixth in the country when it comes to education, but education as for people of color, the State ranks the second-lowest. Oftentimes, the data shows Minnesota is good at achieving outcomes for white community members. The sad reality is that a similar notion applies to evictions as well. Many people in Brooklyn Center have suffered greatly due to evictions and are in fear of what may happen without further protection. It is very important to them for the City Council to pass the Ordinance to protect tenants in the community. Councilmember Lawrence-Anderson stated she is concerned about protecting tenants, but she is also concerned about their effort to help, they may cause more issues. The just cause provision has good intentions. However, if they are taking away the non-renewal option from property owners, they may be unintentionally forcing housing providers to evict rather than go the route of non-renewal. Councilmember Lawrence-Anderson added there are issues of renters operating without a license. There are many issues they can solve with the application process. Additionally, she has concerns about litigation against the City for intervening with private property management. She thanked staff and the Housing Commission for their efforts. Councilmember Butler noted her appreciation of the work by staff and the Housing Commission. They have tried their best to look for a compromise while serving the tenants. She added an attorney has been part of the process, and she is not concerned about litigation. She stated she fully supports the current version of the Ordinance and the tenants of Brooklyn Center who have been negatively impacted by property owners. Councilmember Graves stated the City needs to craft a policy that works for everyone, including small-time property owners. She asked why the Housing Commission wanted to remove the 90- day provision. Ms. Beekman stated staff spoke with the City Attorney about crafting the Ordinance to address some nuances such as different license types or number of units. They tried to keep the Ordinance as simple as possible to be the most legally defensible. The Ordinance focuses on affordable units. There is research that suggests tenants in affordable units are deeply impacted by the practices in question. City Attorney Jason Hill noted his agreement with Ms. Beekman's summary of the reasoning for the way they wrote the Ordinance. Ms. Beekman deferred to Mr. Anderson to respond to Councilmember Graves' questions about the Housing Commission remarks. Mr.Anderson stated the Housing Commission was split on the 90-day provision. Some believed 90 days was enough time to find alternative housing while others did not believe 90 days was sufficient time. Councilmember Graves stated she appreciated the 90-day non-renewal provision and was confused 2/28/22 -10- why the Housing Commission was opposed to it. She asked for more details about the impact of including or removing the 90-day non-renewal provision. Ms.Beekman stated the original Ordinance only had a just cause non-renewal provision. The staff has received feedback from property owners that non-renewals are an important tool to use as an alternative to evictions. Housing advocates believe that property owners should not be able to non-renew a lease without a just cause. The 90-day non-renewal without just cause provision is an attempt at a compromise between the two parties. Councilmember Graves stated if the 90-day non-renewal provision is removed then there are no protections. Ms. Beekman stated non-renewal with just cause has been in the Ordinance consistently throughout the revision process. The 90-day non-renewal without just cause portion was added as an alternative but has been removed for the most recent version. Mayor Elliott noted there has been a concern with the 90-day non-renewal without just cause provision has been considered a loophole for property owners by housing advocates. Councilmember Ryan stated the 30-day pre-eviction notice creates a bad dynamic. It is a business relationship, and the 30-day notice would destroy that relationship. Providing rental housing is a for-profit undertaking. One property has lost over one-third of its income due to unpaid rent. He noted there has been an issue with the distribution of rent relief funds. Councilmember Ryan added non-renewals are used as an alternative to evictions and do not cause a bad record for tenants. Additionally, non-renewals are needed to remove problem tenants that are making a negative impact on other tenants. The City must uphold fair practices for the best interest of the public. Councilmember Ryan stated several tenants have spoken up about poor living conditions at a particular apartment building. After hearing the comments,he reached out to the property manager and heard their side of the story. He explained he is not trying to defend property owners, but some housing advocates automatically assume property owners are in the wrong. He would like to see all local laws fully enforced. The Ordinance is not fair to both parties, and it is the role of the City to remain fair and impartial. Mayor Elliott stated Staff has worked with tenants, housing advocates, and property owners. The Council has the opportunity to pass the Ordinance to protect the tenant community. There are similar protections for homeowners, and there are not enough protections for tenants. It is important for the Council to pass the Ordinance that evening to support the many community members who have asked for protection. Councilmember Graves asked for more information about just case non-renewals in other cities. Ms. Beekman stated St. Paul passed a just cause non-renewal along with about ten other protections. The ordinance was challenged in court, and the judge restricted St. Paul from enforcing the ordinance while the court was deciding. In response, St. Paul rescinded the ordinance, and they are working on an alternative. However, the language is similar to other just cause non-renewal ordinances in other states. 2/28/22 -11- Ms. Beekman stated the provision does allow for non-renewals. Councilmember Graves asked if Brooklyn Center was using the same language that was challenged in St. Paul. Ms. Beekman stated Brooklyn Center was using the same language that was challenged in St. Paul, but the St. Paul ordinance in total included more than ten provisions and the entire ordinance was challenged. Councilmember Graves asked if St. Louis Park and Minneapolis have just caused non-renewals in their tenant protection ordinances. Ms. Beekman stated St. Louis Park and Minneapolis do not have just causes non-renewals in their tenant protection ordinances. However, they have pre- eviction notices in their ordinances, one for 14-days and one for seven days. Councilmember Graves stated the issue at hand is complex. There are varying opinions from all parties. They want the Ordinance to protect tenants, but they want to avoid unintended consequences. She stated she is concerned about the just cause non-renewal provision as it hasn't been implemented in Minnesota before. Councilmember Graves asked if other cities or other states have used a just cause non-renewal. Ms. Beekman stated there have been other cities in other states that have implemented a just cause non-renewal provision. One example is Seattle,but there are other cities. Councilmember Graves asked if there are any loopholes. Ms. Beekman stated she is not aware of any loopholes in the Seattle ordinance. Councilmember Graves stated she is okay with the recommendation from Staff, but it is hard to know if it is the right decision. She asked for clarification about the pre-eviction notice. Ms. Beekman stated most property owners provide an eviction notice within a week of non-payment of rent. The pre-eviction notice would require the property owner to provide notice before filing any eviction paperwork. The notice would allow for time to address the payment of rent. She added the eviction process takes about three weeks. Councilmember Lawrence-Anderson stated the proposed Ordinance requires a 30-day pre-eviction notice. She asked what most standard leases require for eviction notices. Ms. Beekman stated she is not familiar with leases that have a time frame for eviction notices. Ms.Beekman explained non-renewals is a termination of a contract,and either party can determine they do not want to continue in the contract. An eviction filing takes place in court and requires just cause to be proved in court. It is typically for nonpayment of rent. Simply filing the eviction puts a mark on the tenant's rental history. Even if the eviction is not upheld, the eviction filing is still on their record. The purpose of the pre-eviction notice is to provide time for the tenant and landlord to work out a payment plan or other resolution and hopefully avoid filing any eviction paperwork. Councilmember Lawrence-Anderson stated she understands the difference between non-renewals and evictions. If a housing provider chooses to not renew, they must give a reason. However, a tenant does not have to give a reason if they choose to not renew. She explained she is worried about removing the non-renewal tool and forcing the housing provider to evict the tenant. 2/28/22 -12- Councilmember Lawrence-Anderson explained she won't support the Ordinance while there is a just cause non-renewal provision. The Ordinance is not going to solve most of the concerns shared by residents, and there are too many potential unintended consequences. She thanked the staff for their work on the Ordinance. Mayor Elliott asked Ms. Beekman to speak to the potential unintended consequences of the Ordinance. He added the housing professionals, such as advocates from HomeLINE, likely wouldn't support an Ordinance that would have a negative impact on tenants. Ms. Beekman stated filing an eviction needs substantial reasoning to be proven in court. There is a higher burden of proof in an eviction process in comparison to a non-renewal process. Non- renewals do not go to court unless a renter were to take it upon themselves to sue a housing provider for not having a just cause for a non-renewal. She noted she is not sure how the Ordinance would have an impact on screening criteria or other unintended consequences. Councilmember Graves stated she does not feel completely comfortable voting on the Ordinance. She thanked all of the voices that have been part of the discussion and noted she hopes to level the playing field for everyone. She explained she is on the fence about the just cause provision and feels pressure to pass an Ordinance to protect renters. Councilmember Graves noted the Council wants to protect tenants. Those opposed to the current Ordinance are still supportive of renters. She added further compromises could be a 21-day pre- eviction notice or to add the 90-day non-renewal without just cause. Mayor Elliott stated the Council can take action and study the data that will be collected thanks to the data provided in the Ordinance. In six months,they could reassess the Ordinance based on the data. He noted there were 54 people on the call,many of which are hopeful for something to pass. Councilmember Graves thanked Mayor Elliott for his response. She asked if the City will be able to track evictions. Ms. Beekman stated the goal is to track data,but six months may not be enough time to collect a solid amount of data. Councilmember Graves asked if there was a tangible way to track just cause uses or how screenings may change. Ms. Beekman agreed it would be somewhat difficult to gather certain pieces of information such as how screenings may change. There is always an option for anecdotal data. Ms. Beekman pointed out the Council can make changes to the Ordinance. If the Ordinance were to return to Staff, they would need further direction. Councilmember Graves asked Councilmember Ryan and Councilmember Lawrence-Anderson if they were supportive of the previous version of the Ordinance in comparison to the current one. Councilmember Lawrence-Anderson stated she was at both of the January meetings with the housing providers and housing advocates. At those meetings,the housing providers compromised by adding the option of a 90-day non-renewal without just cause. The housing providers preferred the 14-day notice to the 30-day notice. Landlords,both large- and small-scale,were present at the meetings. 2/28/22 -13- Councilmember Lawrence-Anderson added with the passage of 30-day pre-eviction notice, if rent is not received on the day it is due, all non-paying renters will receive a pre-eviction notice. Tenants that receive government funds or their paychecks consistently after the due date will no longer have the ability to have an alternative arrangement. The just cause non-renewal would not allow landlords to choose who they rent to. The City should not intervene. Councilmember Ryan stated the second version of the Ordinance was a compromise that was supported by housing providers. He stated he is opposed to the 30-day pre-eviction notice, but he would accept the 14-day pre-eviction notice and the 90-day non-renewal without just cause provision. Additionally, that is something the housing providers would accept. Councilmember Ryan noted there are a lot of tenant protections at the State level. If tenants document their conditions, they can access a pro bono attorney through organizations such as HomeLINE to counteract any retaliation. Councilmember Ryan added many tenants have complained about housing conditions,particularly in the October 2021 meeting. However, the property manager was unaware of the conditions of the units. The City also needs to get caught up with property rental unit inspections to further support tenants. Mayor Elliott asked which housing advocates would be in support of the 14-day pre-eviction notice and the 90-day non-renewal without just cause provisions. Councilmember Ryan clarified that he said the housing providers would be in support of the 14-day pre-eviction notice and the 90-day non-renewal without just cause provisions. Mayor Elliott stated they are having the same discussion as the last meeting. Renters are the people affected by the issue. As COVID-19 protections for renters decrease, they will see an increase in evictions. The pre-eviction notice just gives people 30 days to correct whatever the issue is. They are debating whether to give a notice of 14 days or 30 days before an eviction is filed. They are talking about families who may have difficulty finding housing down the line if they have an eviction on their record. Therefore, it is incredibly important to maintain the 30-day pre-eviction period. Landlords keep asking for less notice time. He stated he would like to hear from HomeLINE, ACER, and the renters impacted by the Ordinance. Councilmember Graves stated she has also spoken with community members about the Ordinance. She proposed doing a 30-day pre-eviction notice along with the option for the 90-day non-renewal without just cause. Councilmember Lawrence-Anderson stated she would support that option. Councilmember Ryan stated Councilmembers are failing to understand the gravity of the 30-day pre-eviction notice. The implementation of a 30-day pre-eviction notice would compel landlords to implement an eviction notice on the second of the month after only one day of non-payment of rent. If people receive county checks consistently on the third of the month, they would be negatively impacted by the 30-day pre-eviction notice. He explained he would only support an Ordinance with a 14-day pre-eviction notice and a 90-day non-renewal without just cause. 2/28/22 -14- Mayor Elliott stated he would like to hear from the community. He asked if the Councilmembers would be willing to hear from the public. Councilmember Lawrence-Anderson stated they have heard public comment over several months, and she has attended the public meetings. She added she would prefer the 14-day pre-eviction notice because she understands the consequences as pointed out by Councilmember Ryan, but she supports the 30-day pre-eviction notice as a compromise. Mayor Elliott stated he would like to hear from the advocates from ACER and HomeLINE. Councilmember Graves stated the advocates are not going to say something they have not already said. If they do hear from the public, then the time should be limited. Mayor Elliott stated he would limit comments to three minutes. Fadumo M. stated the community in question is one of the most vulnerable communities in the State. Since the eviction moratorium ended, they have seen five times the number of evictions, and they expect to see more evictions as more protections are eliminated. Fadumo M. added housing is not just about four walls. It impacts mental health and the entire community's stability. Samuel S. stated housing is incredibly important to people. They are talking about families and children. Evictions have an impact on health, education, and the community. It takes around a year to remove a family from a home they own because the community has decided family stability is more important than banks. Minnesota is lower in evictions than other states, but the goal is to have no evictions ultimately. Samuel S.added it is very difficult to prove retaliation. He explained he supports the current version of the Ordinance. Mayor Elliott stated he would like to hear from the members of the public that have their hands raised. He added he would limit the comments to two minutes. Alfreda D. stated she is disappointed in comments from the Council saying that they have gotten the landlord's side of the story,but they have not seen the living conditions in Georgetown Homes. The tenants do not have power, and they are reaching out to the Council to be their voice. She stated she has been advocating for herself and the living conditions for a while. She has even been escorted out of meetings for standing up for her rights. Alfreda D. stated Councilmembers who claim to be on the fence have also had their campaigns supported by property owners. She asked if Councilmembers are supporting the community or their campaign supporters. There is a clear conflict of interest at play. Joy stated cash benefits are issued on the last day of the previous month. She added they have been speaking on the topic for over an hour. They have already heard from the community multiple times, and they have spoken on the issue at multiple meetings. She asked what the Council has to lose by passing the Ordinance. Lovetee P. stated she is speechless after hearing from the Council. She explained she is trying to represent the tenants of Georgetown. She stated there are people affected by their lack of protection. Children are being pulled out of school, and families do not have places to live. People 2/28/22 -15- have been put on month-to-month leases without reason. Councilmembers do not know what they are going through. Women, children, and families are suffering. Randy C. stated he is a resident and past property owner. He noted his agreement with Alfreda D. Each speaker is speaking about their special interests. Councilmembers need to make a decision not just based on the loudest voice, but what will work best for the community. Randy C. asked if the Ordinance would require the tenant to give 90 days of notice despite what might be in the lease agreement. If the Ordinance is going to override provisions in the lease, it needs to go both ways. He added the Ordinance will cause rent and down payments to increase because the landlords are going to have more work and more paperwork. Randy C. added zero evictions are never going to happen, and the City shouldn't make an Ordinance that overrides private contracts. Samuel S. stated tenants are not given any ability to provide input on leases. Most laws are in place to protect the tenants since they don't have the financial ability or power to negotiate the leases. Mayor Elliott asked if Councilmember Graves would be amenable to passing an Ordinance with a distinction between small and large landlords. Councilmember Graves stated Staff has said making a distinction like that would make the Ordinance too open to legal challenges. Mayor Elliott asked Mr. Hill about the feasibility of such a distinction. Mr. Hill stated if they make a distinction, they would need some data or findings to support the reasoning for the distinction. Mayor Elliott asked if Councilmember Graves was open to supporting the distinction, then he would be open to asking Staff to look into that provision. Councilmember Graves stated she would be open to a distinction in the Ordinance. Mr. Hill stated he wasn't involved in the first draft of the Ordinance. Ms. Beekman stated Staff had discussed ways to make the Ordinance more nuanced. The purpose of the Ordinance is to protect renters. There wasn't a rational nexus for a tenant to be treated differently based on the size of the landlord. Mike Elliott stated Lovetee P. has been put on a month-to-month lease,and she doesn't know why. He asked how the 90-day notice would impact her situation. Ms. Beekman stated the non-renewal with just cause would make her lease go on in perpetuity until Lovetee P. was to not renew her lease or until the landlord was to find a just cause. If the 90-day non-renewal notice without just cause would more or less turn her lease into a 90-day lease. The landlord could not renew the lease without just cause, and Lovetee P. would have 90 days to find new housing. Councilmember Graves asked if there was another Councilmember interested in doing the 90-day non-renewal without just cause along with the 30-day pre-eviction notice, she would still be comfortable moving forward with that combination. She stated she would like to go for a 21-day pre-eviction notice, but the 30-day pre-eviction notice is a form of compromise. 2/28/22 -16- Mayor Elliott stated he believes they should remove the 90-day non-renewal without just cause because it creates a loophole for landlords and puts people like Lovetee P. in a precarious situation. Councilmember Graves stated Lovetee P. was in support of the 90-day non-renewal notice, and it would give her more time than the month-to-month currently allows. Mayor Elliott stated he has spoken directly with Lovetee P. She has said the 90-day provision was problematic. Additionally, many tenants in Brooklyn Center have said the 90-day non-renewal without just cause puts people in a precarious situation. Lovetee P. stated she is in favor of a just cause non-renewal. 90 days is not enough time to find a place to live. Additionally, people do not want to switch the schools their children are in if they need to find new housing. Mayor Elliott stated Staff needs to have findings before returning to the Council with a draft. He stated he would like the current version of the Ordinance to be passed so the Council takes action. From there,they can change the Ordinance as needed. Mayor Elliott moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2022-30; approving of the second reading of an Ordinance amending Chapter 12 of the City of Ordinances regarding tenant protection and summary publication of the Ordinance. Councilmember Ryan stated Georgetown told him that people were put on month-to-month rent because of the inability to pay rent. He inquired with the County about rental assistance to help those tenants. The rental housing provider has to protect their interests as well. The Federal and State government have put forth dollars to support renters. Councilmember Graves stated she is not happy with the Ordinance, but she is willing to move forward with the vote. She explained there needs to be more nuanced, and they need the 90-day non-renewal without just cause. Also, she believes a 21-day pre-eviction notice may be a better fit. She added her opinion has nothing to do with her desire to be in elected office. Instead, she wants to have a balanced approach. She added she looks forward to seeing the data. Councilmember Lawrence-Anderson stated she would like to see an update from staff. Properties are operating without a license due to Code violations. The City needs to take responsibility for the Ordinance and Code enforcement. The proposed Ordinance has several unintended consequences. Councilmember Ryan asked if they could withdraw the motion to pass the Ordinance and table the discussion for a later meeting. The issue is complicated, and they have heard from numerous parties. He stated he wants tenants to be protected, but they need a balanced approach because they want good landlords to operate in the City. The City cannot solve the issue of the housing shortage as it is a regional problem. The City is trying to protect its vulnerable citizens, and the proposed Ordinance may have unintended consequences. Mayor Elliott stated the Council needs to take action and look at the data down the line to make 2/28/22 -17- the necessary adjustments. Councilmembers Lawrence-Anderson and Ryan voted against the same. Motion passed. Mayor Elliott thanked the Council for their comments and noted they will continue to monitor the situation. 10b. RESOLUTION NO.2022-31; ESTABLISHING THE COMMUNITY SAFETY AND VIOLENCE PREVENTION IMPLEMENTATION COMMITTEE Mayor Elliott stated on May 15, 2021, the City Council adopted the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. He explained they were looking for seven to ten members to serve on the Implementation Committee, but they decided on 11 members to utilize as many voices as possible. He invited David Zaffrann, Public Safety Implementation Committee Manager,to continue the Staff Presentation. Mr.Zaffrann stated the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act required the City to create an Implementation Committee including residents from the City and other local, state, and national experts in public health-oriented approaches to community safety, to be chaired by the Mayor, and with members recommended by the Mayor and confirmed by the City Council. This Committee will propose amendments, ordinances, resolutions, policies, guidelines, or other recommendations for the review, adoption, or implementation by City Council or City Staff, as appropriate, that would fully implement the will and intent of the City Council as expressed in the Act. Mr. Zaffrann explained applications to serve on the Implementation Committee were distributed and accepted over several months. Twenty-eight applications were received, and twenty-four people were subsequently interviewed by a panel. Mr. Zaffrann stated the Mayor is recommending ten members to serve on the Committee along with himself as the Chair. The recommended members are Lori Bardal, Julie Bourque, Joecelia Dameida, Matthew Branch, Amity Dimock, Joylenna Garcia, John Solomon, Mark Viste, Kia Welch, and Katie Wright. He noted the first meeting of the Committee is planned for Saturday, March 5 depending on the outcome of the Council's vote. Councilmember Ryan stated the printed packet did not include appointees such as Lori Bardal and Matthew Branch. Matthew Branch is an Executive Director of a youth organization. Councilmember Ryan thanked all of the applicants for their interest. Councilmember Ryan noted there was an absence of younger black men amongst the applicants. He explained he was excited to see the application of John Solomon as he has outstanding qualifications. Young black men are all over Brooklyn Center and are most likely to experience negative encounters with law enforcement. Councilmember Ryan stated he would have liked to see Will Dinga and Trahem Pollard as members of the Implementation Committee. He stated that Will Dinga and Trahem Pollard have 2/28/22 -18- worked hard to quell any violence in the community during the height of the civil unrest. Mayor Elliott asked Mr. Zaffrann to speak to Councilmember Ryan's question. Mr. Zaffrann stated that Will Dinga and Trahern Pollard did not interview. Mr. Pollard scheduled an interview and did not attend. Mr. Dinga was not extended an invitation to interview due to a clerical error on behalf of the Staff. Mr. Zaffrann stated Staff tried to make as representative of a group of people as possible for the Implementation Committee. Councilmember Ryan thanked Mr. Zaffrann for his answer. He stated he has received comments from the community that they were suspicious of the recruitment and interview process. He hopes the Committee will be a place for honest and open debate. Councilmember Lawrence-Anderson noted she read all of the applications. She stated she is familiar with most of the applicants, but there are some people the City would be remiss if they were overlooked. Barb Jensen, for instance, has a vast knowledge and understanding of the City. She has experience on the Multi-Cultural Advisory Council and with mediation. Councilmember Lawrence-Anderson explained she would like a more diverse group of ideas and for the Implementation Committee to include those who were on the frontlines of the civil unrest. It is unfortunate Will Dinga and Trahern Pollard were not interviewed. Additionally, Pastor McKinley Moore could be an asset to the Committee. She stated she would like more time to process the recommendations. Mayor Elliott stated the applicants were interviewed by the panel and were considered together. Barb Jensen will be an important member of at least one of the sub-committees, which is where a lot of the work will take place. Other folks mentioned by Councilmember Lawrence-Anderson will also be engaged through sub-committees because the panel wanted to utilize as much of the community knowledge as possible. Councilmember Butler recommended for Councilmembers to meet with Mr. Zaffrann as only a couple of members of the Council have met him. She added it is irresponsible to delay the vote. She thought they would have the Committee before the end of 2021, but they didn't have Staff in place until January. The council could have met with Mr. Zaffrann sooner than the current meeting. The Council usually trusts staff in other processes, so they should not delay the vote, especially since they could have asked more questions before the meeting. Councilmember Butler noted it was close to 10:00 p.m. As stated in a previous meeting, she is not willing to go past 10:00 p.m. consistently. Councilmember Butler pointed out Councilmember Graves also stated she would not be going past 10:00 p.m. Councilmember Ryan stated it is disingenuous to blame the Council for how long the process has taken. The wording of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act puts Mayor Elliott in the driver's seat. It is not unreasonable for the Council to ask questions. Councilmember Ryan pointed out he has met with Mr. Zaffrann, and he has another meeting with him tomorrow. 2/28/22 -19- Councilmember Butler stated she does not like the mischaracterization of what she said. She stated she has no issue with people asking questions. She does have a problem with Council not respecting the process and trusting Staff. It is interesting when Council chooses to question Staff or not. Councilmember Butler added she did not mention who has or has not met with Mr. Zaffrann. Mayor Elliott moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2022-31; establishing the Community Safety and Violence Prevention Implementation Committee and appointing its members. Councilmember Graves stated it was not an easy process. She asked who was on the interview panel. She added she would have liked to see more community members who acted as boots on the ground during the civil unrest. Therefore, she believes they are missing the mark of who is on the Committee. Councilmember Graves added Barb Jensen is a great pillar of the community who knows how to leverage her powers as a white woman. Additionally, she would have liked some youth voices to be a part of the Committee. Mayor Elliott stated there is active recruitment of young people to be part of the work through the sub-committees and workgroups. They aim to include all of the voices possible. Councilmember Ryan stated he would be willing to move forward with the recommendations if there are assurances that the other applicants will be engaged in the process, in particular Pastor McKinley Moore. Mayor Elliott stated he has not spoken with Mr. Zaffrann on that topic,but he stated he would like to see those people engaged as well. Mr. Zaffrann noted he did not include sub-committees or the community engagement efforts in the presentation to ensure the Committee is informed and a wide circle of people is included. Councilmember Ryan stated the problem is if the other applicants are involved in the decision- making processes. They need the widest possible collection of well-informed opinions. They need a process that welcomes diverse debates because that will produce the best recommendations. Mayor Elliott stated there will be sub-committees, and their expertise will be utilized in crafting decisions. Councilmember Ryan stated they may not have a vote if they are not heard. Mayor Elliott stated he will guarantee they will be heard. Councilmember Ryan stated the best way to maintain trust is to stay true to one's word. Councilmember Lawrence-Anderson stated she is not opposed to any of the recommendations. She asked if there is potential to add other names the Council has mentioned. They would be remiss if they didn't consider more people, such as Diane Sannes. Everyone that has applied obviously has an interest. Councilmember Lawrence-Anderson stated she has met with Mr. Zaffrann and will continue to 2/28/22 -20- follow up with him for more information. The Implementation Committee is already at 11 members. She explained she would support the motion, but she would like to add more voting members. Mayor Elliott stated there are some issues about Committee size and logistics. He added Mr. Zaffrann can speak to how impactful the sub-committees will be. For example, Barb Jensen's voice is incredibly important to her personally. However, they went through a process with the Selection Committee. He wants her voice to be included significantly. Motion passed unanimously. City Clerk Barb Suciu asked Mayor Elliott if Pastor McKinley Moore was added to the Implementation Committee. Mayor Elliott stated he was not added to the Implementation Committee. Mayor Elliott asked if items from the Economic Development Authority agenda are time-sensitive. Ms. Beekman stated the items can be moved to a later meeting. 11. COUNCIL REPORT 12. ADJOURNMENT Mayor Elliott moved and Councilmember Ryan seconded adjournment of the City Council meeting at 10:08 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned,being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. Attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on February 28, 2022. 2. That said meeting was held according to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its March 14, 2022, Regular Session. V01(114 - titU. City Clerk Mayor 2/28/22 -21-