HomeMy WebLinkAbout2016 04-25 CCM Regular SessionMINUTES 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
APRIL 25, 2016
CITY HALL - COUNCIL CHAMBERS
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 Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan.
Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City
Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer
Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning
Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson,
City Attorney Troy Gilchrist, and Carla, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
No one wished to address the City Council.
Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Informal
Open Forum at 6:45 p.m.
Motion passed unanimously.
2.INVOCATION
As the Invocation, Councilmember Myszkowski read a quote from Hubert Humphrey.
3.CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4.ROLL CALL
Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan.
Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City
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Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer
Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning
Specialist Tim Benetti, Deputy Director of Building and Community Standards Jesse Anderson,
Fire Chief Lee Gatlin, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site
Secretarial, Inc.
5.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6.APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Graves moved and Councilmember Ryan seconded to approve the Agenda and
Consent Agenda, as amended, with amendments to the Regular Session minutes of April 11,
2016, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1.April 6, 2016 - Joint Session with City Advisory Commissions
2.April 11, 2016— Study Session
3. April 11, 2016 -Regular Session
6b. LICENSES
MECHANICAL
CB Mech, LLC
Corval Group
Friendly Heating and Air Conditioning Inc
Infinity Heating & Air Conditioning LLC
7 Metro Heating and Air Conditioning
Modern Heating & A/C
PB Services
Select Mechanical Services
RENTAL
RENEWAL (TYPE III— one-year license)
Brookside Manor, 1300 67h1 Avenue N.
(Passed with Weather Deferral)
3806 Eckberg Drive
(Passed with Weather Deferral)
5547 Humboldt Avenue N.
(Passed with Weather Deferral)
4207 Lakeside Avenue, #336
15658 150th Ave, Foreston
1633 Eustis Street, St. Paul
13050 Arthur Street, Rogers
1017 Meadowwood Dr, Brooklyn Park
609 150th Ave NE, Ham Lake
2318 First Street NE, Minneapolis
9410 Bataan Street, Blame
6219 Cambridge Street, St. Louis Park
Roger and Elizabeth Family Properties, LLC
Jesus Preciado
Steven Saporn
Tamara Carlson
(Missing CPTED initial and follow-
up, and CFH cert)
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RENEWAL (TYPE II— two-year license)
2208 69t1' Avenue N.
1712 71St Avenue N.
1900 Brookview Drive
(Passed with Weather Deferral)
6638 Camden Drive
6031 Colfax Avenue N.
(Passed with Weather Deferral)
5935 Dupont Avenue N.
3913 France Place
(Passed with Weather Deferral)
5410 Girard Avenue N.
(Passed with Weather Deferral)
6130 Scott Avenue N.
RENEWAL (TYPE 1 three-year license)
5306 Russell Avenue N.
907 S7th Avenue N
2925 69th Lane N.
6730 Perry Avenue N.
(Passed with Weather Deferral)
6913 Toledo Avenue N.
(Passed with Weather Deferral)
5907 Xerxes Avenue N.
SIGN HANGER
Signation Sign Group
VEO Sign LLC
Maisha Giles
Brent Berg
Invitation Homes
Gal Peremislov
Steven Saporn
Gina Dumas
Betty Mae Nelson
Douglas Allen Wahl
Invitation Homes
Donna Reinarz
David LaFavor
Svetlana Tsurkan
Thinh Nguyen
Fred Hanus
Dragon Property Management
6840 Shingle Creek Pkwy, Brooklyn Center
6353 Martin Ave NE, p tsego
6c.RESOLUTION NO. 2016-57 AMENDING AND RE-ESTABLISHING CITY
PURCHASING POLICY
6d.RESOLUTION NO. 2016-58 ADOPTING AMENDMENTS TO THE
FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY
COUNCIL CODE OF POLICIES
6e. APPROVING MEETING SCHEDULE FOR 2017-2018 BUDGET
61. RESOLUTION NO. 2016-59 AUTHORIZING AN AMENDMENT TO A
SITE LEASE AGREEMENT WITH SPRINT SPECTRUM REALTY
COMPANY L.P.
6g. RESOLUTION NO. 2016-60 APPROVING AMENDMENT TO THE
BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION
BY-LAWS
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Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a.BROOKLYN CENTER UNIVERSITY LEADERSHIP ACADEMY
GRADUATION
Mayor Willson stated he takes great pride in the citizens who go through this program to learn
more about Brooklyn Center.
City Manager Curt Boganey stated the department heads enjoy sharing information with the
students about Brooklyn Center. He explained this program is an initiative of the City Council to
engage residents to learn more about the City and it has been met with positive results.
Mayor Willson presented certificates of completion to the following graduates of the Brooklyn
Center Leadership Academy: Janet Arntsen, Chris Haroidson, Timothy Haroldson, Jack
MacMillan, and Sheilah Miller. It was noted that graduates Mawuli Blabuh, Janet Parrish, and
Barbara Wacek were not present. Mayor Willson asked the graduates to spread the word about
Brooklyn Center University.
7b.PROCLAMATION DECLARING MAY 15-21, 2016, TO BE PUBLIC WORKS
WEEK IN THE CITY OF BROOKLYN CENTER
Mayor Willson read in full a Proclamation Declaring May 15-21, 2016, to be Public Works
Week in the City of Brooklyn Center.
Councilmember Ryan moved and Councilmember Graves seconded to adopt a
PROCLAMATION Declaring May 15-21, 2016, to be Public Works Week in the City of
Brooklyn Center.
Motion passed unanimously.
7c. RESOLUTION NO. 2016-61 RESOLUTION IN SUPPORT OF HEART SAFE
BROOKLYN CENTER
Fire Chief Lee Gatlin displayed a video depicting a hockey player who experienced Sudden
Cardiac Arrest (SCA) and was saved through bystander Cardiopulmonary Resuscitation (CPR)
and use of an Automated External Defibrillator (AED). He provided an overview of the Heart
Safe Program and goal to educate and train citizens in CPR, SCA, and the use of an AED and to
raise money to place AEDs in locations throughout the City.
Coon Rapids Police Officer Bryan Platz and Director of its Heart Safe Program, stated they have
trained 15,000 people over the last 3.5 years at zero cost to the taxpayers. He emphasized the
importance of educating the public to take action to extend the victim's window of survivability.
Officer Platz reviewed the schools and organizations that have received this training and offered
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to assist Brooklyn Center in establishing a Heart Safe Program to save lives. He asked the City
Council, as the elected officials and City leaders, for their support.
Bill Hoppenrath, the SCA survivor whose life was saved, described the importance of education
so bystanders will take immediate action. It was announced that CPR and AED training will be
offered on May 9 and May 23. In that effort, the Brooklyn Junior and Senior High Schools will
receive the first Heart Safe designation in the State of Minnesota.
Fire Chief Gatlin asked for the City Council's support to start a Heart Safe Program and become
a Heart Safe Community.
Mayor Willson asked if the first minute is the crucial time. Officer Platz stated the focus is to
teach bystanders to take immediate action because it increases survivability to 85% and after
three minutes there is a loss of brain function.
Brooklyn Center Secondary School Principal Carly Jarva stated why she was excited to bring
this Program to their school to give students these tools and knowledge as they already have the
instinct to immediately respond in an emergency situation. She invited members of the City
Council to attend either training date.
Mayor Willson stated his support of this Program and asked that the training dates and times be
provided to Mr. Boganey.
Councilmember Graves asked about continuing education and if the certification needs to be
renewed yearly. Officer Platz explained this is a program of accredited training with medical
oversight, not certification, and training will be ongoing. Councilmember Graves stated her
support for this Program.
Councilmember Myszkowski thanked Chief Gatlin for bringing this Program to the City.
Following a question from an audience member, Officer Platz offered to answer questions of the
audience outside of the Council Chambers.
Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION
NO. 2016-61 in Support of Heart Safe Brooklyn Center.
Motion passed unanimously.
7d. RESOLUTION NO. 2016-62 EXPRESSING RECOGNITION AND
APPRECIATION TO LEE GATLIN FOR OVER 13 YEARS OF DEDICATED
SERVICE TO THE CITY OF BROOKLY CENTER
City Manager Curt Boganey stated it is an honor to recognize and thank Fire Chief Lee Gatlin
for his service to Brooklyn Center.
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Mayor Willson read in full a Resolution expressing recognition and appreciation to Fire Chief
Lee Gatlin for his 13 years of service to the City of Brooklyn Center. The audience responded
with a round of applause.
Mayor Willson, Councilinembers Myszkowski, Ryan, and Graves expressed their appreciation
and thanks to Chief Gatlin for his excellent job, for diligently shepherding the Fire Department,
and wished him well in his retirement.
Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION
NO. 2016-62 Expressing Recognition and Appreciation to Lee Gatlin for over 13 Years of
Dedicated Service to the City of Brooklyn Center.
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2016.-04 AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REGARDING DECKS AND PORCHES AS AN ALLOWABLE
ENCROACHMENT INTO CERTAIN RESIDENTIAL YARD SETBACK AREAS
AND ADDING NEW DEFINITIONS OF DECKS AND PORCHES
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed ordinance amendment. It was noted this item was first read on March 28, 2016;
published in the official newspaper on April 7, 2016; and, is offered this evening for Public
Hearing.
Planning and Zoning Specialist Tim Benetti provided a PowerPoint overview of the ordinance
amendment relating to decks and porches and allowing encroachment into certain residential
yard setback areas. He explained this amendment would not limit the height of flagpoles. Mr.
Benetti explained the amendment and presented the recommendation of the Planning
Commission for approval.
Councilmember Ryan clarified the City has never restricted flagpoles or display of the American
Flag. Mr. Benetti confirmed that is correct and he had responded to the resident who raised the
question.
At the request of Mr. Boganey, Mr. Benetti explained the general purpose for this amendment
began with Councilmember Lawrence-Anderson's desire to bring residents to their front yards to
become better acquainted with their neighbors. Mr. Benetti explained that prior to this ordinance
amendment, constructing such a porch required approval of a variance, which can be difficult to
obtain. Because of that, the Planning Commission reviewed the option of an ordinance
amendment to allow a front yard encroachment under certain circumstances to allow the
construction of a deck or porch.
The City Council acknowledged this amendment will serve as a social motivator for neighbors to
become better acquainted and also will improve the home value.
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Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing.
Motion passed unanimously.
No one appeared to speak to the City Council.
Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Graves moved and Councilmember Ryan seconded to adopt ORDINANCE NO.
2016-04 Amending Chapter 35, Section 35-400 and Section 35-900 of the Brooklyn Center City
Code of Ordinances, Respectively.
Motion passed unanimously.
8b. RESOLUTION NO. 2016-63 AUTHORIZING THE ISSUANCE, SALE, AND
DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS
(SANCTUARY AT BROOKLYN CENTER PROJECT), SERIES 2016;
ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA
STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND
RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND
REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL
FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO
Finance Director Nate Reinhardt introduced the item, discussed the history, and stated the
purpose of the proposed resolution to provide funding for The Sanctuary at Brooklyn Center, LP
to construct 158 affordable multifamily senior assisted living rental units at 6121 Brooklyn
Boulevard and cover administrative costs to issue the bonds. He described the $27 million bond
process, noting the bonds will be sold in private placement to accredited investors, typically
institutional investors. The City of Brooklyn Center has no obligation for the issuance of the
bonds and doing so will not institute a charge, lien, or encumbrance, legal or equitable, upon any
property of Brooklyn Center. It will also not affect the City's credit rating. The total
administrative fee that the City will receive for the issuance is approximately $110,500. It was
noted this item was first read on March 28, 2016; published in the official newspaper on April 7,
2016; and, is offered this evening for Public Hearing.
Mayor Willson asked about the request from the Minnesota Fair Housing Agency regarding loan
assistance for this property. City Manager Curt Boganey explained at an early presentation there
was discussion the developer hoped to benefit from a federal law that would reduce their costs,
as it is located in a qualified census tract. However, it was determined that was not an option.
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Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public
Hearing.
Motion passed unanimously.
Greg McClenahan, Evergreen Real Estate Development Corporation, introduced himself as a
multi-family and assisted living facility developer.
Andy Aulde, SCA Properties, thanked the City Council for its support and stated they look
forward to getting this project underway. He indicated that City's staff has been a pleasure to
work with.
Mayor Willson stated having a senior housing project has been discussed for years, as there is a
need to keep the City's aging population within Brooklyn Center. Councilmember Ryan stated
this project illustrates the fact that the City is not opposed to affordable housing and supports a
full spectrum of housing for its residents.
Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt
RESOLUTION No. 2016-63 Authorizing the Issuance, Sale, and Delivery of Its Multifamily
Housing Revenue Bonds (Sanctuary at Brooklyn Center Project), Series 2016; Adopting a
Housing Program Pursuant to Minnesota Statutes, Chapter 462c; Approving the Form of and
Authorizing the Execution and Delivery of the Bonds and Related Documents; Providing for the
Security, Rights, and Remedies with Respect to the Bonds; and Granting Approval for Certain
Other Actions with Respect Thereto.
Motion passed unanimously.
8e. AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-901, OF THE CITY
CODE OF ORDINANCES; LIMITING THE DENSITY OF RENTAL HOUSING
IN THE CITY
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed ordinance. It was noted this item was first read on March 28, 2016; published in
the official newspaper on April 7, 2016; and, is offered this evening for Public Hearing.
Deputy Director of Building and Community Standards Jesse Anderson provided a PowerPoint
overview relating to the background of this consideration, summarized the conditions, rental
density and percentages for RI and R2 properties within a census block, noting 7 census blocks
exceed 30% and 35 census blocks exceed 20%. Mr. Anderson displayed a map depicting the
location of rental densities. He then provided an overview of the proposed ordinance that would
set the density limit at 30%, define a neighborhood, allow exceptions under certain
circumstances, and allow for a one-year temporary rental license. Mr. Anderson reviewed
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potential benefits and costs and stated if adopted, it would be effective on June 4, 2016,
following publication. It was noted the moratorium expires on May 21, 2016.
Councilmember Ryan stated the actual percentage of single-family rental units is about 10.5%.
Mr. Anderson confirmed that was correct.
Mayor Willson referenced the letter from Kennedy & Graven and asked how this relates to the
density being set at 30%. City Attorney Troy Gilchrist advised that all local ordinance decisions
have to be done reasonably based on the facts presented. He noted staff has done a good job in
pulling together information for the City Council's consideration and the setting of the
percentage is a policy decision of the City Council. Mr. Gilchrist stated if greater restrictions are
imposed, it may increase the chance of challenge. It is his opinion that staff has presented
everything needed for the City Council to make this policy decision.
Mayor Willson reviewed the District Court and the Minnesota Court of Appeals ruling in
Winona's favor in the Dean i City of Winona lawsuit, finding the Winona ordinance was an
authorized and constitutional exercise of Winona's police powers. It was noted the Supreme
Court ruled in Winona's favor by dismissing the lawsuit but declined to address the validity of
the ordinance. Mayor Willson stated Winona followed up four years later to determine if the
ordinance was effective, and should Brooklyn Center adopt such an ordinance, he supported
doing the same.
Councilmember Ryan noted only 7 out of 391 census blocks have a greater concentration of
rental housing than 30%, so there is opportunity for additional rental in other census blocks.
Councilmember Graves asked why there are more rentals on those seven census blocks, such as
being closer to public transit. Mr. Anderson stated he has not seen a strong consistency between
those seven census blocks.
Councilmember Myszkowski asked whether there is a profile or demographic information on
renters of single-family dwellings. Mr. Boganey stated he is not aware of that information. He
explained no current rental properties or renters will be impacted by this ordinance as they are
grandfathered. The impact would be on current homeowners who wish to convert their property
to rental.
Councilmember Graves stated it had been mentioned earlier that the City can only enforce to the
minimum standards. She asked if there is a number set on the police calls at a property for
renewal consideration. Mr. Boganey explained there is consideration of excessive and verified
police activity, which can change the classification of the rental license.
Councilmember Graves stated she is interested in the complaints received from residents who
wanted this considered, thinking they may have lived within these seven census blocks. Mr.
Anderson stated rental complaints are most often from tenants about their landlords or about
code violations but location of calls asking the City to consider density thresholds has not been
tracked. Mayor Willson stated he also did not track the location of calls he received relative to
considering density thresholds.
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Councilmember Ryan referenced the pie chart depicting types of rental licenses, noting the lower
number of shorter-term licenses may be indicative that there is a lower number of landowners
who do not perform well with the inspection criteria. Mr. Anderson stated that is correct and
some are repeat 6-month license terms. Councilmember Ryan stated he hopes this ordinance
allows the City to better manage those rental properties that consume excessive City services.
Mayor Willson commented on the benefits of the current performance rental license program and
stated he finds this will be another tool to deal with density of rental properties on a given census
block. He stated his support to move this forward, noting the Millennial generation will be
looking for quality rental housing. In addition, if the City does not take action, he is concerned
with the potential future impact should there be another real estate downturn.
Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public
Hearing.
Motion passed unanimously.
David Evanson, 771 69tl Avenue N., developer and licensed real estate agent, addressed several
unintended consequences that may result from a density restriction including the impact to
Millennials who oftentimes do not purchase homes due to school debt, diminishing the interest
of investors to purchase and renovate foreclosed/distressed property, need to disclose this
restriction when writing a purchase agreement, collusion between neighbors to 'rent' to a relative
to remain below the 30% threshold, and increase in vacant homes that are vandalized. He opined
the City cannot improve things by taking away people's rights and if there are not full rental
rights as with other cities, it raises the question whether additional rights will also be taken
impacting ownership in Brooklyn Center. Mr. Evanson suggested a license restriction rather
than an ordinance consideration.
The City Council discussed the current seller's market and low inventory in Brooklyn Center of
48 homes for sale with only 3 being over $200,000, real estate trends towards rental apartments,
and the City's Opportunity Site that is targeted towards Millennials to balance out the City's
housing stock. Discussion was also held on the potential impact of the City's image for
homebuyers, noting however, it has improved with the demolition of Brookdale, creating of a
trail system, and other amenities that make Brooklyn Center attractive for first time buyers or
single ownerships.
Mr. Boganey and Mr. Evanson discussed the potential impact on resale values and ability to sell
when a density requirement is established. Mr. Evanson felt one block does not determine the
entire neighborhood and if that were to happen, the City already has an existing rental license
ordinance and lease mechanisms can get rid of undesirable tenants. Mr. Boganey stated it seems
city government would be concerned about crossing that density saturation tipping point. Mr.
Evanson stated the issue is determining where that tipping point is.
The City Council discussed the average rent for a single-family house rental.
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Anthony Sanders, Senior Attorney at the Institute for Justice, Minnesota office, stated he had
submitted a letter asking the City Council to vote against this ordinance. Mr. Sanders addressed
census data indicating over 77% of people own the home they live in, but for African Americans
it is as low as 25% and for Hispanics it is as low as 50%. He confirmed these are State of
Minnesota statistics and not based on Brooklyn Center's census. Mr. Sanders commented on the
legal challenge of the Winona ordinance, noting his law firm had represented the homeowners
and his involvement had taught him that renting is normal and part of human society. He
suggested that the proposed ordinance results in telling someone they can't make money by
renting their home and saying to the person who now cannot rent, that they are a second-class
citizen, as they can't afford to purchase a home. He asked the City Council to think twice before
voting on this ordinance.
The City Council discussed the impact of instituting a rental density threshold and income
disparities, that it takes pride in the City's diversity, and understands the need to institute
carefully crafted housing policies so unintended consequences do not occur. The City Council
also discussed the concern expressed at Truth in Taxation meetings by corporations that own
large numbers of single-family home rentals on the tax value of those homes.
Mr. Sanders stated West St. Paul has a 10% density rule so his clients won't look at those
foreclosed homes for investment because on some blocks, the density limit has been reached.
With regard to corporations increasing rent rates as a result of supply and demand, forcing out
lower-income citizens, Mr. Sanders did not think the issue was who owned the home.
The City Council acknowledged that renters will need more than a minimum wage job to rent a
single-family property and the only thing this ordinance will guarantee is a certain number of
rentals on a census block.
Pat Paulson, realtor and Past President of the Minneapolis Area Association of Realtors,
addressed the cyclical nature of the real estate market, which is currently up streaming. He
recalled the 2008 housing crisis and suggested the proposed ordinance will limit options for
those who may find themselves in foreclosure or need the rental income to supplement their
retirement. Mr. Paulson offered to work with the City to encourage home ownership.
The City Council discussed the practice of redlining, or steering certain homebuyers to Brooklyn
Center because of its large affordable housing stock, which is a violation of the Fair Housing
Act.
Mr. Boganey thanked Mr. Paulson for his offer to work with the City, noting one of the City
Council's strategic goals is to increase home ownership. He stated should the ordinance pass,
the City would focus on the seven census blocks where the 30% density has been reached and
determine paths available to encourage home ownership and lower that density.
The City Council continued its discussion of the 2008 housing crisis and the practice of
redlining, noting often involves a disparity in the types of loans offered to minorities as
compared with Caucasians within the same income class.
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Steve Hoem, realtor, addressed his concerns to provide housing options for all, noting Minnesota
has the honor of leading the country in home ownership and also having the biggest disparity in
home ownership for people of color. He stated it is tragic to take away a property right in how
homeowners can use and enjoy their homes and for a renter who wants to live in a single-family
home. Mr. Hoem urged the City Council to celebrate the City's amenities by attracting residents
and punishing landlords through an ordinance but not punishing renters. He noted another
unintended consequence would be someone in the military who cannot rent their house while
deployed.
Julia Parenteau, Vice President of Public Affairs, Minneapolis Area Association of REALTORS,
stated the bottom line is that people of color are more likely to be renters than homeowners so an
ordinance that impacts the supply of rentals will drive up rent rates and have a disproportion
impact on those more likely to be renters. She stated while it is not the City's intent to impact
those communities, intent does not matter and if impacting a protected class, it is a violation of
the Fair Housing Act. Ms. Parenteau described the dropping of house values in West St. Paul
and in St. Paul around St. Thomas when rental density restrictions were enacted, noting there is
no demonstration where the tipping point impacts the City's stability. Rather, stability is a result
of the City's ability to enforce its codes. Ms. Parenteau addressed the City's median home
prices, Minnesota homeowner percentages based on race, and roughly estimated that in Brooklyn
Center that would equate to 12,000 people identified as white living in a home they or a relative
own and 5,700 people of color living in owner occupancy. She also addressed the illegal
practice of redlining, and stated in her 15 years of involvement with the Minneapolis Area
Association of REALTORS, not a single case has been brought to them as a fair housing
complaint. Ms. Parenteau encouraged the City Council to think about the problem trying to be
solved and whether there is a more equitable way to solve it. She offered to be a partner for
education, to facilitate home ownership, and programs to get people financially stable to become
homeowners.
Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Myszkowski asked whether the City's insurance would cover a legal challenge.
Mr. Boganey stated generally speaking, the City has broad insurance coverage including errors
and omissions and general liability and as long as the City Council is acting within the scope of
its authority, there is probably coverage.
Mayor Willson asked whether the outcome of the lawsuit against Winona is a precedence
considered by the court. Attorney Gilchrist stated it would be looked at. He explained this is a
unique situation with rulings generally in favor of the City and the Supreme Court dismissing the
lawsuit. Attorney Gilchrist stated there are no guarantees but Winona was defended through the
League by their primary defense firm. As far as this case, if challenged, he is not overly
concerned about that potential.
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Councilmember Graves stated she is curious about the reasons or causes of elevated code
violations and police calls for renter-occupied properties and whether it is a result of a renter not
knowing about the City's ordinances.
Mr. Boganey stated the Rental Ordinance specifies confirmed violations that count against a
rental license but this is a broader data set of calls for service that goes beyond the Rental
Ordinance. Mr. Boganey stated when the moratorium was established, it was with the intent to
find the facts, not to find the facts to support a particular outcome. Staff could confirm two data
sets (calls for service by the Police Department and code enforcement violations) that showed
significant disparities between owner-occupied and renter-occupied properties. Calls for service
were calculated where the Police Department responded to that residence.
Councilmember Ryan stated his concern relating to suppression of housing values and options
for veterans. He asked if there should be a provision for an additional extension of the one-year
conditional license. Councilmember Ryan stated the City Council may need more data on the
issue of home value suppression.
Mayor Willson asked if the City Council should extend the consideration to allow additional
time for analysis. He stated if there is data available that may sway a decision; he does not want
to rush to a decision.
Mr. Boganey stated the City Council can disapprove the ordinance, approve the ordinance as
written, or table action and request additional information/analysis. If additional information is
requested, he recommended scheduling a Work Session to determine the type of additional
information needed.
Mayor Willson noted that Councilmember Lawrence-Anderson is absent tonight and he would
like to hear how she would weigh in on this issue so he leans towards more time. He agreed a
Work Session discussion would be needed to identify the metrics and data sets. Mayor Willson
stated the City Council heard compelling arguments tonight and he would like the opportunity to
also hear from landlords about those issues. In addition, there could be more community
involvement.
Councilmember Ryan stated there is a short supply of homes for sale so if this action were
deferred in lieu of further study, he would not expect there to be many more homes converted to
rental during that time. Mr. Boganey agreed a month delay will not impact the number
significantly.
Councilmember Ryan moved and Councilmember Graves seconded to table consideration of
Ordinance Amending Chapter 12 of the Brooklyn Center City Code; Amending Section 12-901,
limiting the density of rental housing in the City.
Motion passed unanimously.
The consensus of the City Council was to schedule a Work Session the second meeting in May
for further discussion.
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9.PLANNING COMMISSION ITEMS
None.
10.COUNCIL CONSIDERATION ITEMS
lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL
LICENSES
Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional
Rental Licenses.
Mayor Willson polled the audience and asked whether anyone was in attendance to provide
testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one
coming forward, Mayor Willson called for a motion on Agenda Items lOal through 100.
lOal. 1510 69TH AVENUE NORTH
10a2. RESOLUTION NO. 2016-64 APPROVING A TYPE IV RENTAL LICENSE
FOR 3000 62ND AVENUE NORTH
100. RESOLUTION NO. 2016-65 APPROVING A TYPE IV RENTAL LICENSE
FOR 5700 CAMDEN AVENUE NORTH
10a4. RESOLUTION NO. 2016-66 APPROVING A TYPE IV RENTAL LICENSE
FOR 5131 HOWE LANE
10a5. RESOLUTION NO. 2016-67 APPROVING A TYPE IV RENTAL LICENSE
FOR 6753 HUMBOLDT AVENUE NORTH
10a6. RESOLUTION NO. 2016-68 APPROVING A TYPE IV RENTAL LICENSE
FOR 6765 HUMBOLDT AVENUE NORTH
10a7. RESOLUTION NO. 2016-69 APPROVING A TYPE IV RENTAL LICENSE
FOR 6013 ZENITH AVENUE NORTH
Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the
issuance of a Type IV six-month provisional rental license and mitigation plan for the following:
1510 69th Avenue North; RESOLUTION NO. 2016-64 Approving a Type IV Rental License for
3000 62nd Avenue North; RESOLUTION NO. 2016-65 Approving a Type IV Rental License
for 5700 Camden Avenue North; RESOLUTION NO. 2016-66 Approving a Type IV Rental
License for 5131 Howe Lane; RESOLUTION NO. 2016-67 Approving a Type IV Rental
License for 6753 Humboldt Avenue North; RESOLUTION NO. 2016-68 Approving a Type IV
Rental License for 6765 Humboldt Avenue North; and, RESOLUTION NO. 2016-69 Approving
a Type IV Rental License for 6013 Zenith Avenue North, with the requirement that the
mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses
would be considered.
Motion passed unanimously.
04/25/16 -14-
lOb. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE OF
ORDINANCES RELATING TO FIRE PREVENTION
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed ordinance to address housekeeping items. It was noted this item is offered tonight
for first reading and to set second reading and Public Hearing for May 23, 2016.
Fire Chief Lee Gatlin provided an overview of the proposed amendments.
Mayor Willson stated there is good morale in the Fire Department and pride in being a volunteer
department. Chief Gatlin reviewed the paid tasks and noted the only thing not paid is responding
to fire calls, but a pension covers that. Councilmember Graves stated the word 'volunteer' may
be a detriment for recruiting as it is probably thought firefighters are not paid. Mr. Boganey
stated another potential consequence is some equate 'volunteer' with not being 'professional.'
Chief Gatlin completed review and explanation of the proposed revisions, noting the City's
Charter references the name Brooklyn Center Fire Department.
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve first
reading of an Ordinance Amending Chapter 5 of the Brooklyn Center City Code; Amending
Section 5-100, relating to Fire Prevention and set second reading and Public Hearing for May 23,
2016.
Motion passed unanimously.
11.COUNCIL REPORT
Due to the late hour, the City Council decided to forego their reports.
12.ADJOURNMENT
Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City
Council meeting at 10:18 p.m.
Motion passed unanimously.
04/25/16 -15-
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
Regular Session of the City Council of the City of Brooklyn Center held on
April 25, 2016.
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 May 9, 2016, Regular Session.
arwA^ *W'v4*-
\- -City Clerk
7^^' 41^-
Mayor
04/25/16 -16-