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HomeMy WebLinkAbout2015 07-13 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 JULY 13, 2015 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/President Tim Willson at 8:12 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. COUNCIL UPDATE REGARDING FAIR HOUSING AND SCHOOL DESEGREGATION COMPLAINTS FILED BY THE CITY OF BROOKLYN CENTER PRESENTER ATTORNEY MYRON ORFIELD City Manager Curt Boganey introduced Attorney Myron Orfield who provided an overview and update to the City Council regarding the fair housing and school desegregation complaints filed by the City of Brooklyn Center and several other parties. He stated that the City has withdrawn its petition to amend Minnesota Rule 3535. Attorney Orfield talked about a recent major decision by the United States Supreme Court in the case of Texas Department of Housing and Community Affairs vs. Inclusive Communities Project, Inc., which re-affirmed the central meaning of the Fair Housing Act as a tool to achieve a more integrated metropolitan society. He stated that this is a victory for civil rights. He also stated that this case is very similar to the case the cities of Brooklyn Center, Brooklyn Park, and Richfield are involved in and that a week or so after the decision, HUD issued new rules. Mayor/President Willson stated that he was proud of the City of Brooklyn Center for leading the effort. Attorney Orfield spoke about the petition to amend Minnesota Rule 3535. He stated the case was complicated because at the time the rule was challenged, the State came up with a new rule. The court ruled that the City had standing in a desegregation matter. He also stated that the St. Paul NAACP has decided to file a complaint and asked that the City of Brooklyn Center 07/13/15 -1- withdraw its petition to allow them to proceed because they have a greater chance of success on the merits and more serious resources, so the decision was made to withdraw the petition. Mayor/President Willson commented on how the housing disparity has spread in the northwest corner of the metropolitan area. He stated that the City of Brooklyn Center has more than its fair share of low-income housing and it is now more concentrated in a small area. He talked about studies finding that children do better in schools that are not segregated. He stated that the Met Council is working with light rail to add that element into their process. Attorney Orfield stated that the new rules clearly address the transportation issue and say that transportation is not a substitute for racial integration for purposes of the Fair Housing Act. Councilmember/Commissioner Graves asked if the decision to do the petition set a precedent. Attorney Orfield replied affirmatively as Minnesota's existing rules stated there was no compelling interest in racial integration. Councilmember/Commissioner Graves talked about people of color trying to get their kids into a good school. She stated that she loves being in Brooklyn Center now but would liked to have found a home closer to where she grew up. She was forced to come to Brooklyn Center because she could afford to buy a home in the City. She spoke about the need to be careful when integrating neighborhoods not to push out the people that are already there. Mayor/President Willson stated that is not the intent. The intent is to level the playing field for kids across the school system in Brooklyn Center no matter what color they are. Councilmember/Commissioner Graves spoke about how the highway system was built in the country and how it pushed the poor out of the city. Attorney Orfield stated that the goal of the Fair Housing Act is that people can live wherever they choose. Councilmember/Commissioner Graves asked how the rules are going to be enforced. Attorney Orfield stated that the City of Brooklyn Center is trying to apply the new laws to make sure the Met Council and Minnesota Housing Finance Agency do their duty. Councilmember/Commissioner Ryan talked about getting the Met Council to change its housing formula. Attorney Orfield spoke about the inequity of the Met Council housing formula. Councilmember/Commissioner Ryan spoke about the Supreme Court decision also placing corporate standards on various legal instruments. Attorney Orfield stated that the law was clear before the decision but now is absolutely clear. The Supreme Court decision and clear new rule state that you cannot perpetuate segregation. Mayor/President Willson spoke about the City's Comprehensive Plan needing to match the Met Council's Plan and a previous Comprehensive Plan addressing affordable housing by the City that was not approved by the Met Council for three years. 07/13/15 -2- Attorney Orfield spoke about the previous rules from the `70s and `80s as the best in the country and how this has been changed by political will. He stated that the metropolitan area now has 90 segregated schools and compared it with metropolitan areas in the State of Washington that have continued to pursue policies that the Twin Cities metropolitan area had abandoned. Mayor/President Willson stated that the City of Brooklyn Center took this issue on because it had been abandoned, and abandoning those policies caused a concentration of poverty and segregation of schools. Attorney Orfield stated that the policies were abandoned due to inertia from the Met Council and a lack of leadership. He stated that affluent suburbs are currently applying for low-income P Y housing and being turned down due to the current point system used by the Met Council. Mayor/President Willson talked about the City's bond rating and its average income. He stated that this was another strategy to address this issue. Councilmember/Commissioner Graves stated she is hearing that some of the policies have been in place and are now gaining newfound attention and momentum. This goes back to leadership and holding people accountable. Attorney Orfield spoke about President Obama being a strong proponent for the Fair Housing Act. Mayor/Present Willson stated it was rewarding to hear the Supreme Court decision and asked if the City would be kept in the loop regarding the amendment of Minnesota Rule 3535. Attorney Orfield answered in the affirmative. Councilmember/Commissioner Graves asked if the St. Paul NAACP is working with the Minneapolis NAACP. Attorney Orfield replied that he thought so but wasn't sure. Mayor/President Willson thanked Attorney Orfield for working with the City Council and making the issues clearer. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner M szkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 8:42 p.m. Motion passed unanimously. 07/13/15 -3- 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 a Work Session of the City Council of the City of Brooklyn Center held on July 13, 2015. 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 July 27, 2015, Regular Session. f City Clerk Mayor 07/13/15 -4-