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HomeMy WebLinkAbout2022 06-01 CCM WORK SESSION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JLJNE 1, 2022 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority(EDA)met in Work Session called to order by Mayor Pro Tem/President Pro Tem Marquita Butler at 6:13 p.m. ROLL CALL Mayor/President Mike Elliott(arrived at 6:118 p.m.),Mayor Pro Tem/President Pro Tem Marquita Butler, and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, and Dan Ryan.Also present were City Manager Reggie Edwards, Communiiy Development Director Meg McMahan, Associate Planner Olivia Boerschinger, City Planner Ginny McIntosh, City Attorney Jason Hill, and City Clerk Barb Suciu. ZONING CODE UPDATE City Manager Reggie Edwards introduced the item and invited Ms.McMahan to continue the Staff presentation. Community Development Director Meg McMahan stated the Zoning Code is a huge project, and Staff has been working on it for two years. It is State law to update the Zoning Code to align with the City's 2040 Comprehensive Plan. She invited the consultants from Bolton&Menk to continue the presentation. Mike Thompson, Senior Urban Planner with Bolton and Menk, provided an overview of the presentation's agenda. Ms. McMahan stated zoning has contributed to systemic racism over time and led to disparities seen today. She noted there were many times when Staff interacted with the local community throughout the process. Ms. McMahan stated planning emerged at the beginning of the 1900s as a response to industrialization, overpopulation, and diseases. Early zoning valued sprawl to address issues. It was also primarily white people. Ms. McMahan noted two major cases that impacted zoning. First, there was one that prohibited racialized language in the zoning code. A lot of hidden languages came out of that decision. The second one allowed the City to regulate land use based on certain boundaries which separated residential settings from industrial ones. Ultimately, the outcome was exclusionary zoning. 6/1/22 -1- Ms. McMahan stated zoning is meant to balance public and private goods. Race-and class-based language was used to segregate areas. President Woodrow Wilson was a segregationist and created a committee to develop model zoning laws. The model laws included a lot of exclusionary languages. Ms.McMahan explained redlining was a federal measure used to approve mortgages. Within areas that were redlined, individuals could not get mortgages. By comparing redlining maps to today's demographic maps of Minneapolis, there is a very strong alignment. Redlining exacerbated segregation issues. There were also deed restrictions driven by real estaxe and developers rather than planners. Ms. McMahan stated in the 1960s, there was federal action used to counter the effects of segregation that had occurred through redlining. Fair housing laws were developed which allowed for some improvements. However,less direct ways to promote segregation began. Some examples include areas with excessive setbacks, zoned for single-family housing, and restrictions on affordable housing types in certain land use. Ms. McMahan stated housing discrimination still exists, and there are significant housing shortages that marginalize communities of color. Each city is facing a different combination of issues, so each city needs its zoning codes to address its community characters. There are issues of affordability, accessibility, gentrification, and housing stability. However, zoning is not a tool to fix all of those issues. Ms. McMahan noted Brooklyn Center saw its growth peak in the 1950s and 1960s. It was not impacted by earlier issues such as redlining. The GI Bill did have some impact on the City,which created some disparate outcomes in the early times of Brooklyn Center. It was not developed with large lots or setbacks, as was typical for exclusionary zoning. Early residents were predominantly, but not exclusively,white. Ms. McMahan stated Brooklyn Center is a suburban auto-oriented community with large roadway infrastructure. It had largely separated land uses, and there is very little mixing of land uses and emphasis on transit. Transit is adjacent to but not embedded in neighborhoods. There are also limited industrial zones. A majority of the jobs in Brooklyn Center are retail and are not very high- paying. Ms. McMahan pointed out the Comprehensive Plan originated mixed-use zoning in Brooklyn Center. The mixed districts are meant to create more walkable communities. The Comprehensive Plan also aims to embrace public transit. Additionally, it introduced residential areas with commercial nodes. Ms. McMahan explained the current Zoning Code is nearly unusable. It dates back to the 1960s and is not user-friendly. Many components are out of touch with current laws and reinforce old land patterns. Therefore, it does not serve the future vision of the community. 6/1/22 -2- Ms. McMahan noted looking at opportunities for equity in zoning, they aim to reduce racial disparities by adopting mixed-use zoning districts, introducing commercial nodes,organizing land uses around transit, making homeownership more affordable, increasing sustainable and environmentally-friendly solutions, and encouraging more inexpensive housing options. Accommodating multigenerational families and allowing for more home-based businesses will also benefit the community. Dr. Edwards added Woodrow Wilson is considered the father of public administration. The design of government and how it functions was also developed during Woodrow Wilson's time as a politician. Therefore, there are some interconnections between zoning,public administration, and segregation. Councilmember/Commissioner Ryan stated it would be useful to have a graphic to better explain the reasons for the Zoning Code update. He added public administration was also created to alleviate political corruption,but it was a double-edged sword with some negative side effects. Mr. Thompson explained there are several reasons for the Zoning Code update, some of which were mentioned by Ms. McMahan. As it stands, the City is open to lawsuits due to some of the current Zoning Code. Mr. Thompson explained there is no such thing as a perfect code, but it is a living,breathing document. It is meant to be adapted as need be over time. Councilmember/Commissioner Lawrence-Anderson asked if the Zoning Code made sense when it was developed. Ms. McMahan stated by looking at the layout of the City, it did make sense at the time. The houses are laid out with similar lot sizes with a centralized retail area. It is a very traditional suburban pattern. It served the purpose of the time. The 2040 Comprehensive Plan aims to maintain single-family neighborhoods while creating opportunities to include other types of housing styles to better serve the greater community. Councilmember/Commissioner Ryan noted he interned with an organization that was working to relocate salvage yards from North Minneapolis. There were single-family homes next to dumps. The City was growing very quickly and could not keep up with zoning issues. Mr. Thompson pointed out that the phrase Unified Development Ordinance (UDO) is an umbrella term for zoning code, which he may use from time to time in the presentation. �I City Planner Ginny McIntosh explained there are three separate standalone codes currently. The Ii proposed Code would set up a single section with all things related to zoning. The Zoning Code �� regulates land use and development. The subdivision ordinance regulates the division of land. �' The sign portion is self-explanatory. Mr. Thompson noted there has been a large amount of community engagement. There have been nine info sheets, and there was a Zoning Task Force comprised of residents. There is a draft of the Code available online for the public to access. Three open houses were advertised to the public and are available on the website. There are also narrative videos with details on each of the sections 6/1/22 -3- in the Zoning Code. Additionally, there were preference surveys. The website includes an interactive map as well. Councilmember/Commissioner Graves asked if the Task Force would continue to be part of the process. Ms. McMahan sta.ted their role is mostly complete. They set the priorities and goals and did some of the equity work. From there, it went to the Planning Commission and Housing Commission for review over the last eight months. Mayor/President Elliott asked if they could have access to the input from the Task Force. Ms. McMahan stated the infonnation from the Task Force is available on the Zoning Code website. Mayor/President Elliott stated he would prefer a hard copy. Ms. McMahan added they mailed a postcard to every house that would be impacted by the Zoning Code change with a link to the interactive map on the website. Remote owners were also notified of the impact. Mr. Thompson showed the interactive map and how to use it. Mr. Thompson explained there are nine sections to the Zoning Code. The first is the general division that provides a legal framework and affirms the authority of the Code. Second is the section that most people interact with. It includes setbacks, uses, and the ultimate framework for how the land can be used in the City. Mr. Thompson sta.ted the third section includes protections of natural resources that comply with State laws. It also establishes overlay for properties near bodies of water. Ms. McMahan noted the third section will be new for Brooklyn Center as there are not currently shoreline protections. For the most part, residents are understanding and supportive of the addition. It is primarily a State-mandated requirement, so they have pulled model language from the Department of Natural Resources. Mayor/President Elliott asked if some of the shorelines would become public domain and grant public access. He added a lot of homes on the shoreline are likely to experience erosion. Ms. McMahan stated the Zoning Code does not take land, and it would be against the law. There are instances of public domain where people could be paid for their property. The types of regulations are things such as setbacks for structures, what types of things can encroach on the setbacks, and other things that impact the built environment. In short, it regulates the use of private property. The goal is to protect the shoreline and water quality. Mayor/President Elliott noted there have been previous conversations about preventing erosion. Ms. McMahan stated she is not familiar with those conversations. Councilmember/Commissioner Lawrence-Anderson asked if some of the current buildings a would be grandfathered in under the new Zoning Code. 5he asked if that would be written in the Zoning Code. Mr. Thompson stated almost all current buildings would be grandfathered in. 6/1/22 -4- Ms. McMahan pointed out there is a State law that allows for uses to be repaired, replaced, or approved after a Zoning Code change. The building could not further encroach upon any new Zoning Codes. Mr. Thompson stated the fourth section addresses use regulations intending to establish a legal framework of allowable uses. The fifth section includes further development standards which include aesthetics and parking. It has elevated the landscaping and created more flexibility for StafF and the community. Mr. Thompson added the next session addresses signs. He noted the First Amendment does apply, but the City can regulate the size, location, condition, and lighting of the sign without impacting the statement. Next, there is a section addressing subdivision processes and responsibilities. Mr. Thompson noted there is a section that sets the procedures of the approval process with the Planning Commission,City Council,public hearings,public notices, and the like. It also addresses amending the Zoning Code and includes more robust language to allow for wider public notice of hearings. The final section covers definitions and interpretations of language throughout the Zoning Code. • Councilmember/Commissioner Lawrence-Anderson asked if the definitions are agreed upon by a larger body. Mr. Thompson stated the State has written definitions of certain things while the City can make other definitions, as long as the definitions do not conflict with State definitions. Ms. McMahan pointed out they tried to remove specificity to allow for future flexibility. Councilmember/Commissioner Lawrence-Anderson asked if the International Property Maintenance Code has been adopted. Ms. McMahan confirmed the International Property Maintenance Code has been adopted, but there is no established international zoning code. It would likely promote inequity. Councilmember/Commissioner Ryan noted there are some value judgments included in the creation of definitions, and that will be interesting to see going forward. Mr. Thompson stated one of the biggest changes is the consolidation of districts. There is also an allowance for home-operating businesses that consider issues such as residency requirements and traffic generation. Councilmember/Commissioner Lawrence-Anderson asked how commercial vehicles play into home occupations. Ms. McMahan stated the new Zoning Code allows for one commercial vehicle per lot with some size limits. It would allow for a food box or box truck but not a semi-truck or a dump truck. Councilmember/Commissioner Lawrence-Anderson stated some neighbors are not going to like looking at a food truck. Ms. McMahan stated there are calls from both sides that do and do not want commercial vehicles. The Zoning Code is a balance between property rights and being able to enjoy one's neighborhood. 6/1/22 -5- Mr. Thompson noted they were very careful in their classification of families and de-coupled families needing to be defined as a family to live in a household. Mayor/President Elliott asked if the household size is restricted. Mr. Thompson stated the size of a household is also not restricted. Ms. McMahan pointed out the Building Code has a regulating factor for occupancy requirements. The occupancy depends on the egress and square footage of the space. The Building Code also defines what a bedroom is. The Zoning Code is meant to address how a building impacts others in the area rather than addressing what happens on the inside. Mayor/President Elliott explained they cannot limit people's households because there are different cultural standards. Ms. McMahan stated the City Code creates rules to allow for a safe number of people to escape a burning home. The number is extremely high and is approximately 1 person per 40 square feet. Mr. Thompson provided a summary of the next steps. Mayor/President Elliott sta.ted he would like to hear more details about the community engagement process. He would like to seek out input and leadership from the residents for the Zoning Code updates as a way to focus on equity and community ownership. He asked if there are technical experts that could be brought in to provide an equity lens on the changes. Councilmember/Commissioner Ryan thanked Mr. Thompson and Ms.McMahan for their work on the updates. Ms. McMahan stated the new framework for the Zoning Code will make customer service so much better and allow for easier changes down the line. They can always go back and dive deeper into certain areas as needed. Mayor/President Elliott agreed he likes many of the changes, but there needs to be intentionality and conversations regarding the specific changes and consideration of the potential consequences of the changes. RECESS TO CLOSED SESSION Mayor/President Elliott asked for a motion to adjourn the meeting. City Clerk Barb Suciu stated the City Council/Economic Development Authority is moving into a Closed Session so there is no need to adjourn the meeting at this point. The City Council/Economic Development Authority Work Session recessed to Closed Session at 7:23 p.m. ATTORNEY CLIENT PRIVILEGE—CLOSED SESSION—METROPOLITAN COUNCIL CONCILIATION The City Council/Economic Development Authority Work Session met in Closed Session to discuss 7:27 p.m. and provided direction to staff. 6/1/22 -6- RECONVENE AND ADJOURNMENT The City Council/Economic Development Authority Work Session reconvened at 8:45 p.m. Councilmember/Commissioner Elliott moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 8:49 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. That attached hereto is a full, true, and complete transcript of the minutes of the Special Work Session of the City of Brooklyn Center held on June 1, 2022. 2. That said meeting was held pursuant 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 September 26, 2022,Regular Session. City Clerk 6/1/22 -7-