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HomeMy WebLinkAbout2024.04.08 CCM WORKSESSION4/8/24 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORKSESSION APRIL 8, 2024 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session called to order by Mayor April Graves at 6:11 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Dan Jerzak, and Teneshia Kragness. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Zoning Administrator Ginny McIntosh, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill. COUNCIL MISCELLANEOUS DISCUSSION ITEMS Councilmember Jerzak pointed out he submitted a change for the minutes to Assistant City Manager/City Clerk Barb Suciu. He clarified he didn’t want homeowners to be responsible for the upkeep of medians. Councilmember Jerzak asked if the Radisson Hotel had a new owner. He stated he hasn’t received any updates on remodeling or other changes. City Manager Reggie Edwards confirmed Staff would send an update in the weekly email. Mayor Graves stated it is an agenda item, so she would like an update from Staff. Zoning Administrator Ginny McIntosh stated she isn’t aware of a new owner. The hotel went to auction, and they were looking for a Marriot operator. The same General Manager is in place. The hotel rooms are receiving new furniture, carpet, air conditioners, and new door locks. The trees in the area are in the process of abatement. Councilmember Jerzak explained the previous changeover didn’t include a licensing change. Also, the owner was in arrears for taxes. He doesn’t want the taxes and licenses to be shuffled around without the issues being addressed. Ms. Suciu confirmed the back taxes were paid. Councilmember Kragness requested a change to the March 25, 2024 Work Session minutes. On page three, she clarified the Mayor explained her role before the appointment so that the 4/8/24 -2- Commission could have a more realistic expectation of the position. Mayor Graves stated the Minnesota Department of Education is working with the Brooklyn Bridge Alliance as they receive $1.6 million over three years. The investment in Brooklyn Center youth is exciting. Mayor Graves pointed out she attended the Regional Mayors’ Meeting earlier in the day. They discussed public safety and heard from professionals in the field. Regional crime trend data was presented, and it is down for the most part. The goal is to return to the 2019 numbers. She added she would like Brooklyn Center to work more collaboratively with jurisdictional partners to impart real change. Mayor Graves thanked the Council for their flexibility while she was absent from recent meetings. Mayor Graves noted they were able to speak in front of the Property Tax Committee to get support for the Opportunity Site. CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS City Manager Reggie Edwards explained the Board of Equalization met last week. Councilmembers previously requested the appeals go to the County. He asked if that was still the consensus. There were no objections from the Council. Dr. Edwards pointed out Ms. Suciu communicated with the County, and it will be a seamless process. Dr. Edwards noted three Councilmembers expressed interest in reviewing the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. There was also interest in reviewing the purchasing policy, beautification, special assessments, the opioid settlement, the memorial policy, and more. He requested Staff have additional time to prepare for presentations on these items. He explained the Work Session/EDA agenda items can be from a request from Staff or from the Council. The weekly update is a method to show what topics are coming up. Mayor Graves asked if there was a question for the Council to answer. Dr. Edwards stated he didn’t have a specific question. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS REGULATION OF GROUP HOMES Dr. Edwards explained there is some coming legislation regarding group homes. He invited Ms. McIntosh to continue the Staff presentation. Ms. McIntosh explained at the February 26, 2024, City Council meeting, a resident expressed concerns during an open forum regarding the number of group homes located in proximity to their 4/8/24 -3- home and inquired as to whether or not the City had any jurisdiction over the number of group homes issued within the City or distancing requirements. In response to this, City Staff worked with City Attorney Jason Hill and Assistant City Attorney Libby Kantner to prepare a high-level memorandum that addresses the regulation of group homes. Ms. McIntosh stated for clarification, a “group home” means those single or multi-family dwellings that are under the control of a service provider licensed by the Minnesota Department of Human Services (DHS) under Minnesota Statutes Chapter 245D and as defined in Minnesota Statutes § 245A.02, subd. 14(b) or an Assisted Living facility that is under the control of a service provider licensed by the Minnesota Department of Health (MDH) and defined in Minnesota Statutes §144G.08, subd. 7. Ms. McIntosh noted the “group home” definition, as defined within this memorandum, does not consider dwellings intended for individuals receiving chemical dependency treatment or those licensed by the Minnesota Department of Corrections, as these dwellings are subject to different regulations under state law. For the purposes of discussion, the focus of this memorandum is specifically on MDH Assisted Living and Assisted Living with Dementia licenses with six or fewer persons, and DHS Community Residential Setting licenses with four or fewer persons. These types of group homes are most typically found in the City’s single-family residential neighborhoods. Ms. McIntosh pointed out in the City of Brooklyn Center, as of April 2, 2024, there are currently 114 MDH Assisted Living licenses with a bed capacity of six or fewer persons and 46 DHS Community Residential Setting licenses with a bed capacity of four or fewer persons for a total of 160 licenses. Since August 2023, Brooklyn Center has received 24 MDH Assisted Living applications. Ms. McIntosh explained for perspective, when City Staff initially began tracking group homes in 2019 there were 45 Housing with Services Establishments registrations and 27 DHS Community Residential Setting licenses. In addition to the above licenses, there are three larger Assisted Living licenses of seven persons or more that were not included in the above tally. This includes the Sanctuary at Brooklyn Center, Ecumen Prairie Lodge, and Maranatha. Ms. McIntosh stated although the number of group homes can fluctuate, the Brooklyns appear to have the highest concentration of MDH Assisted Living licensures for six or fewer persons in all of Hennepin County with almost 45 percent of all licenses. Per City Staff calculations, four cities in Hennepin County, those being Brooklyn Center, Brooklyn Park, Bloomington, and Minneapolis, held almost 73 percent of all MDH Assisted Living licenses for 6 or fewer persons as of January 2024. Ms. McIntosh noted that the City Council highlighted group homes and Assisted Living licenses as one of the City’s 2024 Legislative Priorities, specifically requesting that the State Legislature examine the impacts of the established regulations, which limit the ability of municipalities to regulate group homes and to determine if the established regulations are having a disproportionate 4/8/24 -4- effect on low-income communities and communities of color. It should be noted that the only two cities in Hennepin County with BIPOC populations of over 50% are Brooklyn Center and Brooklyn Park. Ms. McIntosh showed a pie chart of the distribution of licensures throughout the County and a table with the number of MDH Assisted Living Licenses compared to surrounding communities organized by the percentage of BIPOC population. She then showed a map of the current group home spacing in Brooklyn Center. Ms. McIntosh explained State law mandates that persons who reside in Group Homes must not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. “Small Group Homes” with a licensed capacity of six or fewer persons shall be permitted single-family residential use for the purposes of zoning. “Large Group Homes” with a licensed capacity of seven to 16 persons shall be a permitted multi-family residential use unless the City requires a conditional use permit to assure property maintenance and operation of the program, which Brooklyn Center does. Ms. McIntosh stated for MDH Assisted Living licensures, the MDH Commissioner is required to consider population, size, land use plan, availability of community services, and the size of existing licensed Assisted Living licenses in the City where the license is intended. A Commissioner may not grant a license if it is within one-quarter mile of an existing facility unless the existing facility is in a hospital, the City grants a conditional use permit, it is a Small Group Home and not located in a city over 100,000 in population, or the facility is foster care. Ms. McIntosh noted the City may currently require Group Homes in the City to apply for and receive City rental licenses. This helps the City ensure Group Homes are safe and habitable through regular inspections and license updates. City Staff specifically requested this work session be presented before the City Council now as there is a bill being considered in the Minnesota Legislature that would prohibit cities from applying rental licensing regulations to certain State licensed residential programs administered through the Department of Human Services and Minnesota Department of Health Assisted Living facilities with a licensed capacity of six or fewer persons. Ms. McIntosh stated if the proposed bill were approved by the state legislature, there would potentially be at least 160 properties in Brooklyn Center that would no longer be required to hold a City rental license. The City has regularly used the rental licensing process, as with all other rentals in the City, to ensure quality rental housing is provided to residents in the City. As communication from the Minnesota Department of Health (MDH) and Department of Human Services (DHS) is minimal at best, the City has further utilized the rental licensing process to address un-permitted work and ensure minimum health, life, and safety, and general property maintenance requirements are in place. As an additional concern, City Staff has run into issues with the MDH licensure requirements and conflicting requirements with Minnesota State Building and Fire Codes. 4/8/24 -5- Ms. McIntosh pointed out that the League of Minnesota Cities and Metro Cities have submitted written testimony in opposition to the proposed bill. The cities of Brooklyn Park and Bloomington have also written separate letters of opposition to the bill. Nonetheless, the proposed bill is currently being considered in the House (HF 3938) and Senate (SF 3839). Ms. McIntosh explained as part of the legislative ask, the following justification was noted: “Our experience is that single-family affordable housing neighborhoods are attractive locations to investors seeking to profit from the establishment of group homes. Brooklyn Center has seen a drastic increase in the number of group homes. The concentration of these homes in low-income neighborhoods reduces homeownership opportunities and wealth accumulation for residents and the concentration of these businesses can change the character of the neighborhood. These properties are straining to our local emergency response agencies as they tend to draw service calls at a much greater rate.” Ms. McIntosh noted there are additional requests for legislative consideration. If the City wants to protect its ability to require Group Homes receive rental licenses in the City, the City could work with the League to advocate against the current bill before the legislature. While none of the City’s legislators are authoring these bills, Senator John Hoffman, who represents Brooklyn Park, is one of the authors of the senate bill. Also, if the City would like to implement spacing requirements for Group Homes, a change in the current legislation is needed. As it stands, Assisted Living Facility spacing requirements are not applicable to Small Group Homes in the City, but they are applicable to Small Group Homes in cities of the first class. The City could advocate for these spacing requirements to be applicable to Brooklyn Center. Mayor Graves asked what the original goal of the legislation is. City Attorney Jason Hill stated he is unsure about the motivation behind the bills. There is some urgency to address the potential changes. The zoning bill was taken off the table, so there could be some success in rental zoning. Ms. McIntosh pointed out there has been a concern about discrimination regarding group homes. As it stands, the rental licensing process is the only tool available to the City. The proposed legislation may be part of the omnibus bill. It was the majority consensus of the City Council for Brooklyn Center Staff to draft a letter to submit, similar to Brooklyn Park. Mayor Graves asked how many sober homes and homes licensed by the DOC are in Brooklyn Center. Ms. McIntosh stated she doesn’t know a specific number because there aren’t local licensing requirements. There is a Bill of Rights in State Statute, but there isn’t overarching regulation. Mr. Hill pointed out regulation is difficult due to the Americans with Disability Act. Mayor Graves stated the considerations of the MDH Commissioner may be beneficial to Brooklyn Center. She asked what metrics are used and what accountability is in place. Ms. McIntosh stated there isn’t a reporting process for accountability. 4/8/24 -6- Mayor Graves stated it is an issue with equity. Staff also needs to explore the accountability issue and inspire change in the process to promote equity and accountability. Ms. McIntosh agreed the BIPOC percentage and the number of group homes is stark and inequitable. Dr. Edwards suggested visiting the Commissioner or inviting him to a Council meeting. Councilmember Jerzak stated MDH gives the licenses if the requirements are met. All cities need to be treated the same, regardless of the population size. There is also a low reimbursement rate. He added the Building Official is busy. He asked if other designated individuals can assist in the workload. Ms. McIntosh stated the MDH regulations recently changed, so mental health homes have specific architectural guidelines. They are considered a single-family home as a commercial property, which has caused a lot of frustration. After a corporation buys a home, they apply for single-family construction permits. However, they apply for a group home license afterwards to avoid the more expensive improvements such as sprinklers. Councilmember Kragness requested the table with the number of group homes and data about BIPOC populations along with the letter. Mayor Graves noted her dislike for the term “First Class Cities” to refer to cities with a population of more than 100,000. Mayor Graves asked if Councilmember Jerzak was going to cover the invocation. Councilmember Jerzak stated he hadn’t spoken to Councilmember Lawrence-Anderson. Mayor Graves stated she would handle the invocation. ADJOURNMENT Mayor Graves adjourned the meeting at 6:55 p.m.