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HomeMy WebLinkAbout2018 10-08 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 OCTOBER 8, 2018 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 Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Business and Workforce Development Specialist Brett Angell, Business and Workforce Development Specialist Brett Angell, Deputy Director of Building and Community Standards Jesse Anderson, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. He announced the coming ordinance related to parking restrictions during snow events. Honey Beekeeping Sara Capers, 5218 70th Avenue, Willow Lane, Precinct 4, addressed the City Council. She stated the reason the honey beekeeping issue was brought forward was because her neighbor received a complaint and was told by Mr. Hartman she had two weeks to comply. Ms. Capers stated she has been keeping bees in Brooklyn Center for seven years and had called City staff prior and received verbal permission to keep bees. She noted the May 29 memorandum states clearly the City does not have a City Code in place relating to beekeeping. Ms. Capers stated it seems there was arbitrary enforcement even though, as she understands it, there is not actually a City ordinance to enforce. She had shared the University of Minnesota opinion and staff explained they sometimes get clarification on the phone. Ms. Capers stated in turn, she found a law firm willing to pro bono assist her as their impression is that there is not something to enforce. She stated she is happy this is moving forward but frustrated it is being enforced and moved forward without due process. Mayor Willson stated if there is a complaint, Code Enforcement will follow up but cannot go into a back yard to see if there are bees. He stated he wished the threat of a lawyer had not been brought up as it raises red flags for him. 10/08/18 -1- Mr. Boganey apologized if staff gave information in the past that was in error. He stated the discussion tonight indicated the language was far from being clear so staff could have come to a conclusion that was in error and passed it on to a resident but if so, it was done in good faith and not arbitrarily. Ms. Capers stated she does not believe it was deliberate. Mayor Willson supported a moratorium on enforcement until the City Council can make a determination. Mr. Boganey stated staff will not enforce that section of the ordinance until that time. Pop Up Market Lennie Chism, P.O. Box 581452, Minneapolis, congratulated Business and Workforce Development Specialist Brett Angell for making the Pop Up Market a success. He stated the Markets did well with over 100 vendors, food trucks, and even an 82 -year-old selling crochet products. He stated there were no incidents, and next year they would like to use the Shingle Creek and Bass Lake Road site that is owned by the City. Mayor Willson apologized for a resident comment made to Mr. Chisolm as that was inappropriate and is not supported by the City Council. He stated he looks forward to conversations over the winter months on the plans for next summer. Mr. Boganey stated the 2019 budget does include this activity. Mr. Boganey stated staff will present a report on the current program at an upcoming meeting and entertain suggestions for an improved event next year. Councilmember Lawrence -Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION In recognition of Indigenous Day, Councilmember Graves read a quote from Winnona LaDuke as the Invocation and requested a moment of silence. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Assistant to the Community Development Director Michael Ericson, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Business and Workforce Development Specialist Brett Angell, Deputy Director of 10/08/18 -2- Building and Community Standards Jesse Anderson, 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 Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, to remove Consent Item 6e, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota, and with an amendment to the Regular Session minutes of September 24, 2018, and the following consent items were approved; 6a. APPROVAL OF MINUTES 1. September 17, 2018 Joint City Council and Financial Commission 2. September 24, 2018 City Council Regular Session 3. September 24, 2018 City Council Work Session 6b. LICENSES MECHANICAL CONTRACTOR Angell Aire, Inc. 12253 Nicollet Avenue S., Burnsville, MN 55337 Boiler Services, Inc. 10327 Flanders Street NE, Blaine, MN 55449 Preventative Mechanical Service 1875 Buerkle St. NW, White Bear Lk, MN 55110 Schuler Plumbing LLC 17850 Erkium Street NW, Ramsey, MN 55303 RENTAL INITIAL (TYPE II — two-year license) 5731 Northport Drive Ross Herman 5312 Queen Avenue N. Renee Anoje RENEWAL (TYPE III— one-year license) 5211 Xerxes Avenue N. Chad Johnson RENEWAL (TYPE II — N,o year license) Marvin Gardens Townhomes Redevco Mgmt. Co. 6710 Orchard Lane N. 5209 Xerxes Avenue N. 6813 Noble Avenue N. 6538 Ewing Avenue N. 7018 Irving Avenue N. 6424 Scott Avenue N. 819 Woodbine Lane Chad Johnson Brian Reese TuUyen Tran Omar Adams Cosco Properties LLC c/o MSP Home Rental RHA 3, LLC 10/08/18 -3- RENEWAL (TYPE I— three-year license) 2307-0954 1h Avenue N. James Johnson 5901 Aldrich Avenue N. RHA 3, LLC 5956 Beard Avenue N. Ann Cook 5501 Brooklyn Boulevard Mains'l Properties 5432 Bryant Avenue N. Christopher Michael Raisch 1537 Humboldt Place N. ShoeMiller Properties LLC 7200 Morgan Avenue N. Dwayne Holmstrom 3213 Quarles Road Infinite Properties LLC SIGN CONTRACTOR Pajor Graphics, Inc. 1301 Washington Ave. N., Mpls., MN 55411 DBA: ASI Signage Innovations 6e. RESOLUTION NO. 2018-177 GRANTING THE APPROVAL OF PHASE II PROJECT AT CARRINGTON DRIVE APARTMENT COMPLEX 6d. RESOLUTION NO. 2018-178 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6e. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING TOBACCO AND TOBACCO RELATED PRODUCTS 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA This item was removed from the agenda upon adoption Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION FOR PREGNANCY AND INFANT LOSS REMEMBRANCE DAY Mayor Willson read in full a Proclamation declaring October 15, 2018, as Pregnancy and Infant Loss Remembrance Day. Councilmember Graves moved and Councilmember Ryan seconded to adopt PROCLAMATION declaring October as National Pregnancy and Infant Loss Awareness Month and October 15, 2018, as National Pregnancy and Infant Loss Remembrance Day. Mayor Willson stated a dear friend of his lost an infant to Sudden Infant Death Syndrome (SIDS) 10/08/18 -4- and it was very devastating to that young family. He stated it also made an impact on him and he is pleased to consider this Proclamation. Motion passed unanimously. 7b. PROCLAMATION RECOGNIZING NATIONAL COMMUNITY PLANNING MONTH Mayor Willson read in full a Proclamation declaring October as National Cormnunity Planning Month. Councilmember Ryan moved and Councilmember Butler seconded to adopt PROCLAMATION declaring October as National Community Planning Month. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-14 AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES REGARDING RENTAL LICENSING City Manager Curt Boganey introduced Community Development Director Meg Beekman to present this item. Community Development Director Meg Beekinan reviewed the background and City Council's past consideration of this ordinance amendment to modify the rental program to remove the attendance at Association of Responsible Managers (ARM) meetings and the requirement for monthly updates; to require an inspector consultation for repeat Type IV rental licenses that repeat due to property Code violations; modify the ordinance to allow Mitigation Plans to be approved by staff similar to how Type III Rental License Actions Plans are currently approved; and, modify the Rental License Category Criterial Policy to increase the number of property Code violations per category by one for one- and two-family dwellings. It was noted the ordinance modification would allow the applicant to appeal staff's decision to the City Council, if requested. Ms. Beekman stated staff recommends the effective date of the ordinance be December 1, 2018. After that date, any rental license that goes before the City Council for approval would not be affected by a failure to attend ARM Meetings and/or submit monthly reports, as well as the other provisions of the ordinance amendment. Ms. Beekman explained if the ordinance amendment is approved, staff will begin working with rental license applicants and upcoming renewals to ensure a fair process as the City transitions to the new provisions. She noted there is also a proposed modification to the wording in the Rental License Ordinance relating to the requirement for a Crime Fee Lease Addendum and the license action sections. These changes are to clean up the wording in the ordinance and will not change the requirement. 10/08/18 -5- Ms. Beekman explained that separate from these ordinance amendments, staff is proposing a number of initiatives designed to improve communication with residents in the City who are renters and provide resources about their rights and responsibilities as tenants. She stated staff has drafted a rental resource booklet for renters that contains information about the City's rental licensing program, what to do if renters feel their rights are infringed upon, and other resources renters may find useful. In addition, staff proposes an annual mass mailing to all rental units to provide useful information, similar to a welcome packet, to ensure every renter is welcomed and provided information on how to engage with the City, coupon book, parks and trails map, snow emergency, homeownership classes, as well as their rights and responsibilities as tenants. Ms. Beekman reviewed next steps to hold a public hearing, take public comment, and consider adoption of the ordinance. Mayor Willson asked whether the mass mailing will go to every rental residence and rental unit in the City. Ms. Beekman stated that is the intention and because of the licensing process, the City knows which properties are rental. For multi -unit apartment buildings, staff will have to determine the best process and how to do that in the most cost-effective method. Councilmember Lawrence -Anderson stated it may be a good idea to also include School District information as well as polling location for voting. Mayor Willson agreed and suggested the new snow parking ordinance also be included. Councilmember Graves stated her support for staff's suggestion to create a renter informational packet and asked if the City Council will see that information. She also asked whether the City tracks excessive complaints at any rental location and is aware of a potential situation from the tenant's perspective. Mayor Willson stated in giving this information to residents, they will know who to contact should a situation arise. He chided a person who made comments at the last City Council meeting for impeding a staff member and their vehicle from leaving the parking lot. Mayor Willson emphasized that City Hall should be a safe place and intimidation and/or impeding progress of an individual will not be allowed, he does not support that activity, and wants to look for ways to alleviate that problem through citations or police citations. Mr. Boganey stated staff will share the rental packet information with the City Council. With regard to the question on excessive complaints, he is not sure how that would be defined but the intent for the information to renters is to direct them to the correct location if they have a complaint, which is not necessarily the City. Councilmember Graves stated other cities have prohibited licensing to some companies because of their practices. She asked about the City's process to identify those situations if they should occur in Brooklyn Center. Mayor Willson stated Minneapolis took a license away from an apartment owner who had not properly maintained their apartment and was not truthful with that city. He stated the rental license is the key with apartment complexes and as for complaints, the 10/08/18 -6- City works within its ordinances and would not get involved in a complaint by an apartment dweller per se unless it deals with the City's ordinances. Ms. Beekman stated staff does track complaints about maintenance and repairs so from a quantity standpoint and identifying patterns, that is done. The City's inspectors and staff are in very frequent communication with problem properties and out doing inspections even within the 6 months for a Type IV. Ms. Beekman stated staff also has a good relationship with HOMELine staff. Mayor Willson stated there was also the sale of the Minneapolis property to another entity which was actually a sham as the original owner remained in control. He stated the City has seen more often when single-family residences are rented out, the license expires, and the rental license is not renewed. In those cases, the City cannot do anything until the current renter leaves and a new renter wants to move in. Councilmember Graves thanked staff for the clarification. Mr. Boganey stated the City has revoked rental licenses in the past, once with a very large apartment after a long period of consistent repeated difficulties with the landlord where it was known there was sufficient evidence to uphold the revocation when it went to court. That authority exists in the current ordinance and can be used if the situation warrants. Mayor Willson stated with the rental license that was revoked, there is now a new owner and landlord who have turned around that apartment complex and rectified a number of concerns to make it safer for renters. Councilmember Ryan stated the purpose of revising the ordinance is to improve efficiency of the enforcement process. Ms. Beelanan confirmed that was the case and stated more than 50% of Type IV licenses are repeating license type due to logistics, not attending meetings or submitting monthly reports. It has been found there is a need to recalibrate to better focus resources on assuring the Code is being met and Type IV licenses are progressing. Then staff can also focus on the real problem properties to get them to improve and not remain repeat Type IV licenses. Mayor Willson stated the City Council had that conversation and the general consensus was to implement the ordinance and then if it needs to be tweaked, there is not an issue as long as the amendment is justified. He commented that when an ordinance is put into place, it may not be perfect so a tweak may be justified. Councilmember Butler asked for an explanation on the inspections, if there is a cost related, and how often inspections would be done. Mayor Willson stated the intent is to provide a consultation on what needs to be done before a citation is issued and additional costs are incurred. Ms. Beekman stated this would not be a full inspection but a walls through with the property owner to explain the process and what items the inspector will be looking for when the formal inspection is done. This would occur with repeat Type IV licenses where staff would become a 10/08/18 -7- resource for them. Ms. Beekman stated the current fee schedule does not include this service so a fee is not proposed but it may be considered in January when the fee schedule is reviewed. Councilmember Butler asked about the number of violations. Ms. Beekman explained the number of violations determines license type and that is a policy consideration. She described why inspections are more involved with a single-family home rental than with a multi -unit. Staff found when looking through the data, the number of multi -unit apartment violations was appropriate and Type IV are at that level because of legitimate Code violations. With single- family housing rentals, it is difficult to get a Type I license type even by homeowners who are trying very hard to attain that license type. Because of that, staff received complaints that it was not fair to owners of single-family rental houses. Mayor Willson stated he was asked by a homeowner to look at four homes on the block and point out which one was a rental unit. He noted he could not tell because it was so well cared for. Councilmember Graves asked with an apartment building, what percentage are inspected. Ms. Beekman answered 100 percent. Councilmember Graves asked the reason why staff recommends the number of allowed Code violations should change. She also asked whether staff tracks how long the property remains at a Type IV license type. Mayor Willson stated that data is tracked and if a fee is to be charged for inspector consultations, it would require an ordinance change. Councilmember Graves stated she would not support that type of fee unless it was a very long- term Type IV license type even after staff consultations. She stated she found mitigation plans to be helpful at times. Mayor Willson stated if there are violations and recommendation for revocation, the City Council will be provided with that information. Mr. Boganey stated the City has an obligation to look at how effective it is with the ordinances as adopted. If it is found the way the ordinance is written does not utilize staff resources in the most effective manner, then an amendment should be considered to get the best out of the resources the City has available. Mr. Boganey noted the recommended changes and providing consultations to Type IV landlords is based on an analysis that a lot of the repeat Type IVs are caused by things (did not submit report in time, did not attend an ARM meeting) that don't necessarily improve the outcome of how the property is maintained. This amendment will remove those obligations and allow staff to focus on Type IVs that are most important in terms of having a livable environment for the tenants. This change will narrow the scope and put more resources to work with those types of landlords and at a minimum, address landlords that lack understanding of the City's expectations and requirements to move beyond a Type IV license type. Councilmember Graves stated she understands the intent but for the Type IVs that continue, she would like access to information on those properties. Mr. Boganey stated staff can produce a year end report to answer some of those questions if directed to do so by the City Council. 10/08/18 -8- Mayor Willson noted that would require staff time and effort. He did not think the City Council should micromanage staff and should depend on staff to make the right decisions and recommendations. Councilmember Graves stated she is not saying staff is not doing a good job or trying to micromanage. Mayor Willson stated a City Council consensus would be needed to go that route. Councilmember Butler stated she appreciates the proposal for the rental informational booklet and looks forward to reviewing it. She also likes homeowner educational classes so people understand that home ownership is a possibility, noting that will improve resident economic stability. Mr. Boganey stated staff is working on putting that type of program together. Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Lawrence -Anderson moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves asked if anyone is interested in getting a year end report on Type IV problem properties. Councilmembers Butler and Lawrence -Anderson answered in the affirmative. Mr. Boganey stated with a majority consensus reached, staff will provide that report. Councilmember Lawrence -Anderson moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2018-14 Amending Chapter 12 of the City Code of Ordinances regarding Rental Licensing. Councilmember Ryan stated his appreciation to Mr. Boganey for his comments, noting this action will improve the efficiency and fairness of the enforcement process and further the goals of the City's excellent performance-based rental ordinance. Councilmember Lawrence -Anderson commended staff for the well-written amendment. Councilmember Ryan concurred. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10/08/18 -9- 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be 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 Item 10a. 10a. APPROVING A TYPE IV RENTAL LICENSE FOR 5331 70th CIRCLE AVENUE NORTH Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to approve a Type IV Rental License for 5331 701h Circle, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 10b. RELEASE OF DRAFT 2040 COMPREHENSIVE PLAN AND RELEASE IT FOR PUBLIC COMMENT City Manager Curt Boganey introduced Community Development Director Meg Beekman to present this item. Community Development Director Meg Beekman explained that over the past year, the City and its consultant, Swanson Haskamp Consulting, have been working on the 2040 Comprehensive Plan. The process has included extensive work by the Planning Commission as well as significant engagement with the community and the City's other Commissions and Committees. Ms. Beekman explained the 2040 Comprehensive Plan is in draft form and subject to further revisions and public comment. It was noted that Chapter 8, Transportation, and Chapter 9, Infrastructure, are placeholders while consultants work on those elements and will be added once their work is completed. Ms. Beekman described the public engagement process and areas in which the Planning Commission is recommending more detail relating to economic development work in the City and their unanimous recommendation to accept the 2040 Draft Comprehensive Plan and release it for public comment. Jennifer Haskamp, Swanson Haskamp Consulting, described their work to complete the final 2040 Comprehensive Plan Update. She provided a PowerPoint presentation explaining the Comprehensive Plan is a long-range 10 -year plan with a 20 -year horizon that contains a unified 10/08/18 -10- vision, goals and strategies (but not the specificity), and addresses current and future planning. Ms. Haskamp explained the Metropolitan Council requires a Plan update every ten years and compliance with its 2015 System Statement and 15 -page checklist. Ms. Haskamp explained the items specific to Brooklyn Center to add 2,250 new households by 2040. Mayor Willson noted the City is already moving in that direction with development of the Opportunity Site. Ms. Haskamp stated the City has not seen that level of growth in quite some time and the question is, how to plan for living in those new housing units. Councilmember Ryan stated there is a misconception about the Metropolitan Council having too much power, noting the Comprehensive Plan is a guide to be followed. Ms. Haskamp stated it is a guide but if included in the Comprehensive Plan, the City is required to follow it and it can be an expectation by a developer looking at Brooklyn Center. Mayor Willson noted the Metropolitan Council has the power to approve or not approve the Plan and also has control of federal government funding that may impact cities if their Plan is not approved. Ms. Haskamp stated they also have control over the sanitary sewer system, which impacts the density of development to assure that system is efficient. But, the Metropolitan Council does not dictate where those housing units have to be placed. Mayor Willson stated in the past, Brooklyn Center has been fully developed but now the City has property where it can look at that to reach that density level. Ms. Haskamp stated the City has an amazing opportunity right now to do it right and the market is in a place it can respond. She noted the areas with planned transit, which is an amenity, and plays to areas of higher density. In addition, employment is forecast to increase with redevelopment so the City needs to plan for affordable housing. She explained a robust Mississippi River Critical Corridor Access Plan (MRCCA) is included in the Plan, which is a change from the 2030 Plan. Ms. Haskamp read the chapter components within the 2040 Plan, noting they will be posted to the City's website. She stated some engineering components remain to be developed. Ms. Haskamp presented the background report that included key forecasts and findings for Demographics: Population; Households & Family Type; Community Diversity; and, Median Incomes & Poverty. She then displayed land use maps including the Metropolitan Council Transit Market Area and explained why it needs to be addressed. Mayor Willson stated he thinks the Metropolitan Council does not understand the level of poverty in Brooklyn Center, which speaks to the image of the City. Ms. Haskamp displayed maps showing areas of poverty, households with no vehicles which means they need public transit, existing bus routes, and the C Line route that is planned to open in 2019 and will be a huge opportunity as it is a dedicated bus route that will run more like light rail. 10/08/18 -11- Mayor Willson commented on the unlikelihood that the Blue Line will receive funding. Ms. Haskamp agreed and urged the City to embrace the C Line as it will be operational six to seven years before the Blue Line receives funding. Ms. Haskamp thanked the City's Commissions and all who were involved with the Plan development process. She described public engagement events and upcoming public hearing and on-line opportunities. She explained that the six-month agency review is a good time for the City to reach out to constituents to gain input. Ms. Haskamp thanked City staff for their assistance and input as well. Ms. Haskamp described the process overview, noting tonight the consideration is to accept the draft Plan and make it available for jurisdictional review. She provided background and market context and steps taken in the Plan's development. Ms. Haskamp then reviewed the information contained within each Chapter of the Comprehensive Plan and presented next steps. Mayor Willson referenced the housing data, noting that only 5% of the affordable housing is subsidized. Councilmember Graves stated that is because much is naturally occurring due to the age of the structure. She asked where renewable or clean energy is addressed. Ms. Haskamp stated she has not seen a lot of Sustainability chapters in this round of updates but has seen a lot of zoning ordinances bring that into play. Those ordinances make sure it is easy to install those types of systems so it is a permitted use and encouraged. She stated the City's Local Water Surface Management Plan, which addresses ground water recharging and relationship between water bodies, is currently out for review. Councilmember Graves asked how the Upper Harbor Terminal interacts with the Mississippi River Critical Corridor Area. Ms. Haskamp stated she has not been involved with those meetings. Councilmember Ryan stated the document considers 238 units of affordable housing and asked if that ties the City into that number of affordable housing units. Ms. Haskamp stated when the Metropolitan Council issues the System Statement, it indicated Brooklyn Center's share of allocated affordable housing is 238 units. The Metropolitan Council cannot mandate it to be provided or its location, but the 2,250 households has to be planned at a density to accommodate 238 affordable units. Councilmember Ryan stated the typical model is to build a certain number of market rate units at a mass so the development can subsidize a certain number of affordable housing units. Mayor Willson stated that is one way to accomplish affordable housing but it can also be designated in other areas, not necessarily new development. It was noted the Metropolitan Council wants higher density and more affordable housing in Brooklyn Center but the City is 93% affordable now. Councilmember Ryan stated the Metropolitan Council assigned Brooklyn Center with a housing performance score of 100 so it seems the City Council would have discretion to include a certain 10/08/18 -12- number of affordable housing units in a new development as long as the target housing is met. Ms. Haskamp noted when looking at 238 affordable units, it is about 10% of the 2,250 projected new households. The idea is to engage in discussion on how to incorporate legally defined affordable housing units. That is not mandated, but a tool available if important. The other philosophy is by increasing density, the more units, the more affordable they could become not only when constructed but in ten years from now. Councilmember Graves referenced the number of projected households and question about the people who will live in them, noting the Plan needs to address who is here but also who is coming to those new units. Ms. Haskamp agreed and stated the background reports include market snapshot information. She explained that trends in the marketplace are known and there was a big shift in how people think, about housing after the housing bust. Before, everyone wanted to own but after the bust, people are deciding to rent even if they could own. She stated who will come to Brooklyn Center will include young professionals, senior populations, and Millennials. Ms. Haskamp relayed input provided by children on the need for more bedrooms in rental units so perhaps that indicates there is a need for more diversity in rental housing. Councilmember Graves asked how other communities meet their affordable housing requirement when they are constructing higher rent units. Mayor Willson stated they may build up density by including apartments with townhomes. Ms. Haskamp stated the Metropolitan Council can't require affordable housing to be built so communities will look at regulatory measures to assure there is affordable housing in new units. However, if the City does not institute that requirement, it would be up to developers who find affordable housing to be of value to provide it. Mr. Boganey stated there has been a recent change in tax deductibility of mortgage interest, which has impact on decision making whether to acquire a mortgage. He noted the Metropolitan Council has grant dollar incentives for cities that want to construct affordable housing and he believes the answer comes down to the marketplace and values determined by elected officials, including the State legislature. Councilmember Graves moved and Councilmember Ryan seconded to accept the draft 2040 Comprehensive Plan and approve release for public comment. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan stated he would forgo his report in consideration of the late hour and upcoming Work Session. Councilmember Lawrence -Anderson reported on her attendance and provided information on the following upcoming event: • October 5, 2018: CEAP Farm Fresh and their next event will be on October 18, 2018. Councilmember Graves reported on her attendance at the following: • September 25, 2018: Safety Meeting held after the violent crime on Penn Avenue 10/08/18 -13- • Final Celebration of Slow Roll, a bicycle access program • Day of Dignity Event • October 6, 2018: Pop Up Market Councilmember Butler reported on her attendance at the following: • September 28, 2018: Meeting with Mr. Boganey and staff on the BrookLynk Program • September 29, 2018: Minnesota Autism Awareness Walk Mayor Willson reported on his attendance at the following events: • October 5, 2018: American Institute for International Reporting Meeting 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:15 p.m. Motion passed unanimously. 10/08/18 -14- 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 October 8, 2018. 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 October 22, 2018, Regular Session. Barbara Suciu, City Clerk 10/08/18 -15- ✓cam•'"�.-.-Ci'C._-`�` �J Tim Willson, Mayor