HomeMy WebLinkAbout2016 05-23 CCM Work SessionMINUTES 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
MAY 23, 2016
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 8:13 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/Executive Director Curt Boganey, Interim Assistant to the City Manager Reggie
Edwards, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney
Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc.
CHAPTER 12 AMENDMENT LIMITING THE DENSITY OF RENTAL HOUSING IN
THE CITY
Councilmember/Commissioner Ryan started discussion on the proposed Chapter 12 Ordinance
Amendment, Limiting the Density of Rental Housing in the City. He asked
Councilmembers/Commissioners to review the document provided titled 12-901 Ordinance
Amendment, Placing Density Limit on Single Family Rental Properties: Work Session
Questions/Comments. Mayor/President Willson stated that would be helpful.
Councilmember/Commissioner Ryan read through the document line by line.
Mayor/President Willson stated if they move forward with this ordinance they will need to
consider extenuating circumstances and hardships and have a process which allows those
individuals to seek an exception that allows them to rent their home for a certain period of time
in certain circumstances.
City Manager/Executive Director Curt Boganey stated he is not in a position to respond to all
questions in that document currently, but he would answer what he could. In response to
questions Al and A2, he stated he does feel there is a profit based motive for realtors to not want
to pass the ordinance. He stated based upon most of their comments on this item, they seem to be
reflective of their bias. In response to question A3, he stated he believes the MAAR has the most
reliable and current data available. He noted he would be surprised if there is better information
out there. Councilmember/Commissioner Ryan stated he agrees with Mr. Boganey's analysis.
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Councilmember/Commissioner Myszkowski asked how many rental license applications the City
regularly receives. Mr. Boganey stated he does not believe the moratorium has ended as of the
current date. Councilmember/Commissioner Myszkowski stated she would like to see data
showing the number of single family homes being converted into rental properties within the
City. She noted her assumption would be it is considerably fewer than when the recession
occurred in 2008 and the few years following.
Mr. Boganey stated he thinks when looking at the decision if they will adopt this ordinance, it
would serve them better to think about the housing market as it currently is, stable and normal.
As opposed to thinking of it being an exceptional period in the market such as the 2008
recession. He stated if the ordinance is adopted it would create a cap and limitation on the ability
to convert some properties into rental homes, and while that may be an issue if another
catastrophic period occurs, the question that needs to be considered is if the ordinance is adopted
and it stays in effect for a long period of time, will there be more value to having it in place for
the stable and normal periods in the market.
Councilmember/Commissioner Ryan stated he has personal experience with property
management companies and he believes it is a valid observation to make, that homeowners who
occupy their homes have more motivation to maintain their home value and neighborhood
character, whereas renters and landlords don't have the same motivation in most cases.
Councilmember/Commissioner Myszkowski stated she is having a hard time finding the
rationale behind adopting this ordinance. She stated she would like to see more data on the
homes that are being poorly maintained to distinguish between if they are renter occupied or
owner occupied. She also stated she would like to see data on which homes have what license
types and if they have maintained them. She noted the City Council/EDA may not need her vote
to adopt this ordinance, but she is not in a position to make a decision as she needs more data.
Mayor/President Willson stated there have been many good points raised. He stated he feels the
City has good ordinances and codes in place currently that help keep rental properties well
maintained. He stated the issue is residents are bringing forward their concerns with having too
many rental properties in their community, 5-7 blocks are currently over 30% rental density. He
stated he is comfortable moving forward with this change; however, he wants to ensure there is
some sort of process which allows for hardships and mitigating circumstances in which if a home
owner would need to rent their home in a block that would put that block over the allowed 30%
rental density, they would have that option. He stated an example could be a homeowner who is
a member of the National Guard and gets ordered to deploy overseas. In that case, an
administrative hearing or something similar would allow that resident to bring forth his
circumstances of which he needs to rent his home, regardless if it will cause the block of his
home to exceed the 30% rental density ordinance. Mayor/President Willson stated it could be for
a certain period of time having a finite ending date, in which, the expectation would be the owner
returns and occupies the home down the line. He noted the only people speaking out in open
hearing have been realtors and that credits to Councilmember/Commissioner Ryan's previous
points regarding their motive being profit.
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Councilmember/Commissioner Ryan stated he appreciated what Mayor/President Willson
mentioned in regard to potential military members. He noted his intention is not to stigmatize
renters; rather his intention is to remember what made the City great, the homeowners who
started their lives here and built the community.
Mr. Boganey stated the issue he is hearing is that the ordinance will prevent renters from coming
to Brooklyn Center; however, the data doesn't support that or show that will be an issue. He
stated they should speak with West St. Paul officials to learn how they handle any hardships or
exceptional situations, given they have a 10% rental density ordinance in effect, they most likely
have experienced it many times. Councilmember/Commissioner Ryan stated he spoke with
someone under the Director of the City of West St. Paul and she indicated the program is
working very well and it has high citizen support. He noted there was a high demand for the
ordinance due to neighborhood issues similar to what Brooklyn Center has also dealt with in the
past.
The consensus of the Council is to seek information from West St. Paul regarding what their
experience has been with situations they have concerns about.
Councilmember/Commissioner Graves stated she is frustrated with this proposed ordinance. She
stated she hasn't seen any letters in support of this ordinance from residents. She stated she has
however received a few letters from residents against the ordinance. She noted she needs more
information to make an informed decision.
Councilmember/Commissioner Ryan stated he has a good amount of personal insight regarding
the requests from residents for an ordinance in support of a rental density limit. He stated since
2006 while running for Office, he and Mayor/President Willson have personally knocked on
almost every door in the City and they were informed this is a problem residents want addressed.
He stated this ordinance is the way to address the issue. He noted the lack of support of the
ordinance from residents, he believes, is due to the lack of knowledge regarding its proposed
existence.
Councilmember/Commissioner Myszkowski stated there are plenty of issues with home owner
occupied properties and as long as they continue to monitor the expected standards of all
properties, that should keep the community in good standing.
Councilmember/Commissioner Lawrence-Anderson stated she believes if this ordinance passes
there will be a reduction in renters and that it is a code enforcement issue mainly. She noted she
would like to see data on the police calls and get clarification on what types of properties they
are coming from. She stated ultimately she does not agree with telling people what they should
or shouldn't do with their homes.
City Attorney Gilchrist stated his initial research was focused on the Winona case and the
powers involved. He stated he would like to look into it more and get useful information on the
differences between Winona and Brooklyn Center. He noted he does not believe there is a yes or
no answer on this issue but more information could only help.
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Councilmember/Commissioner Ryan stated they need to remember there are ownership rights on
both sides of this issue and they are not taking rights away from owners, owners have rights
regarding if they want to live next to several rental properties.
Councilmember/Commissioner Graves stated it is important to take into consideration that
renting and low income are not conclusive. She stated in reality they usually pay more for
renting a home than a person with a mortgage on a comparable property. She noted renters of
single family homes are usually dual income households and families with children and it may
not be that they can't own a home but it is possible they don't want to own for whatever reasons.
Mr. Boganey stated it is simply the data that shows the correlation between rental properties and
police calls, and it can be assumed if nothing is done to mitigate the potential issues that many
concentrations of rental homes in a community could have, blocks of homes could end up having
excessive code violations and police calls, which in turn may affect the stability of the
neighborhood and the city.
Mayor/President Willson asked if there was still consensus to gather more information before
deciding if they want to remove this item from the table at a future meeting.
Mr. Boganey stated if directed, staff can get information on the police calls for their review;
however, getting data together on code violations may be too complicated at this time.
The majority consensus of the City Council/EDA was to put this item on the agenda for the next
meeting to review and decide then if they want to move forward with the ordinance.
ADJOURNMENT
Councilmember/Commissioner Myszkowski moved and Councilmember/Commissioner Graves
seconded adjournment of the City Council/Economic Development Authority Work Session at
9:25 p.m.
Motion passed unanimously.
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