HomeMy WebLinkAbout2018 10-22 CCM Study Session10/22/18 -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
STUDY/WORK SESSION
OCTOBER 22, 2018
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study/Work Session called to order by Mayor Tim
Willson at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Marquita Butler (arrived at 6:08 p.m.), April Graves
(arrived at 6:03 p.m.), and Dan Ryan. Kris Lawrence-Anderson was absent. Also present were
City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development
Director Meg Beekman, City Clerk Barb Suciu, Deputy Director of Building and Community
Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site
Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Hennepin County All-Hazard Mitigation Plan
Councilmember Ryan requested discussion on Consent Agenda Item 6d, Resolution Adopting
the Hennepin County All-Hazard Mitigation Plan, in particular the spreadsheet of various costs
associated with the mitigation and notation there was no budgetary implications. He asked
whether those costs anticipated for the planning process for hazards and emergency planning
would be undertaken with the anticipation that grant funding would cover those costs.
City Manager Curt Boganey stated the amendment on tonight’s agenda does not commit the City
to implementation or any costs. He explained the federal government requires those items to be
identified in the plan to qualify for federal grants. If included in the plan, then the City is in a
position to apply for grants, if appropriate.
Councilmember Graves arrived at 6:03 p.m.
Councilmember Ryan recalled that in the past, the Brooklyn Center Police Chief was responsible
for emergency planning for the City and then subsequently, that responsibility was transferred to
the Fire Chief. Mr. Boganey confirmed the Brooklyn Center Fire Chief is now the Emergency
Manager for the City.
Ordinance Regarding Chickens
Mayor Willson requested discussion on Item 8a, An Ordinance Amending Chapters 1 and 19 of
the City Code of Ordinances Regarding Chickens, in particular the backyard setbacks, noting
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Section g3 details setbacks for the side and rear lots and principal building but then requires 30
feet from all adjacent properties.
Mr. Boganey noted with short lots, some residents could not raise chickens due to the 30-foot
limitation.
Deputy Director of Building and Community Standards Jesse Anderson explained how the
setbacks were measured, noting if the living space is 10 feet away from the property line, it
would allow enough room.
The City Council and staff discussed setback scenarios.
Mayor Willson stated if people are raising chickens on either side, then a 50-foot lot owner in the
middle would have no space to raise chickens themselves. Mr. Anderson explained how they
could move it ten feet farther back where there would be space.
Mayor Willson stated he does not support that limitation considering the small lots some
residents have in Brooklyn Center.
Councilmember Butler arrived at 6:08 p.m.
Mr. Boganey asked how staff arrived at the 30-foot setback requirement. Mr. Anderson
explained it was taken from other city’s ordinances. The Housing Commission did not
specifically ask to include it so there is not strong support.
Correction to October 8, 2018, Regular Session Minutes
Councilmember Graves requested the following correction to the Regular Session minutes of
October 8, 2018:
Page 8, 5th Paragraph, first sentence
“Councilmember Graves asked the reason why staff recommends the number…”
Page 8, 6th Paragraph, second sentence, replace with
“She found mitigation plans to be helpful at times.”
Councilmember Graves referenced the first sentence of the sixth paragraph, noting it does not
correctly reflect the intent of her comment. Mayor Willson stated the meeting minutes are not
intended to be a verbatim transcript; however, the meetings are recorded so the comment can be
checked and verified by staff.
Mr. Boganey recalled the intent was to capture Councilmember Grave’s comment that she would
not support an additional fee for the consultation with staff.
Councilmember Graves indicated she is not sure that is what she was talking about or responding
to and does not remember the comment as reflected in the meeting minutes. She stated she is all
right leaving that sentence as is and does not need to ask staff to review the meeting recording.
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It was the majority consensus of the City Council to accept the correction to the October 8, 2018
Regular Session minutes.
Opportunity Site Proposals
Mr. Boganey apologized for not including the discussion of Eastbrook Estates development
proposals on the Work Session agenda as had been requested. He stated there is not a lot of new
information but it can still be added to tonight’s Work Session agenda.
Mayor Willson stated he will take his prerogative as Mayor to add that topic to tonight’s Work
Session agenda.
MISCELLANEOUS
Mayor Willson stated he has no e-mails or text messages from Councilmember Lawrence-
Anderson regarding her attendance at tonight’s meetings. Mr. Boganey stated he did not notice
anything earlier today but has not recently checked his e-mail messages.
Mr. Boganey announced the former Vice President of Liberia, who was instrumental in
establishing Sister City relationships with the Cities of Brooklyn Park and Brooklyn Center, is
currently in town. He invited the City Council to the former Vice President of Liberia’s
reception that will be held next Friday at the Earle Brown Center, starting at 5:30 p.m. with a
program at 7 p.m. He asked the City Council to inform him if they are able to attend.
Mayor Willson confirmed his attendance. Councilmember Graves stated there is a strong
possibility she can attend.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
CONSIDER AMENDING CHAPTER 12 OF THE CITY CODE ADOPTING THE
INTERNATIONAL PROPERTY MAINTENANCE CODE
City Manager Curt Boganey introduced Deputy Director of Building and Community Standards
Jesse Anderson to present this item.
Deputy Director of Building and Community Standards Jesse Anderson presented the staff
report, noting the City of Brooklyn Center has maintenance standards for all properties within
the City, which are adopted as part of Chapter 12 of the City Code, Building Maintenance and
occupancy Ordinance. The purpose of the ordinance is to regulate the maintenance of properties
in the City in order to protect the public health, safety, and general welfare of the City’s
residents. He explained the International Property Maintenance Code (IPMC) is an international
code that other cities have adopted for their maintenance standards.
Mr. Anderson reviewed the positive aspects of adopting the IPMC as it has been nationally
recognized as a uniform standard, been court tested, is written to address most property types,
there are ongoing updates as housing standards change, and the maintenance codes tie in with the
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building and residential codes. He explained cities that have adopted the IPMC may adopt the
regulations in their entirety or make amendments in order to address specific needs of the
community.
Mr. Anderson stated after an in-depth review to determine how the IPMC compares with the
City’s current regulations and identify whether it would benefit Brooklyn Center, staff has
determined the IPMC is a more thorough and detailed maintenance standard than existing
regulations as it has specific maintenance standards addressed in each category.
Mr. Anderson reviewed proposed amendments to Chapter 12 of the City Code to remove
duplicative definitions. He noted Chapters 12-301 through 12-805 would be replaced by the
adoption of the IPMC with the exception of Chapters 12-314 Snow Removal; 12-709 Facilities
to Function; 12-711 Yard Cover; and, 12-713 Waste Container Screening. He asked whether the
City Council wanted to adopt the IPMC, sees benefit in having a uniform maintenance code, or
would like to refer it to the Housing Commission for review and recommendation.
Councilmember Ryan asked whether the IPMC would require sprinkling (fire suppression)
systems. Mr. Anderson explained it does not address new construction or require sprinklers but
if the property already has sprinklers, it would require them to be maintained.
Councilmember Butler asked if the City Council will see all of the proposed changes prior to
adoption. Mr. Anderson answered in the affirmative and stated the City Council will see the full
ordinance that reflects the changes, specifically adopts every section, and includes all of the
amendments. Councilmember Butler stated her support to refer this ordinance amendment to the
Housing Commission so they can be part of it.
Councilmember Graves stated she noticed that Section 1 addressed enforcement and asked how
it will affect current enforcement, whether it will it be accelerated or decreased, and how is it
changing specifically. Mr. Anderson answered it will not affect enforcement as the language is
similar to the current administrative process.
Mr. Boganey confirmed it was Mr. Anderson’s opinion that the difference between the current
ordinance and new ordinance is that the new language is more thorough. He asked for an
example when comparing the language and who it benefits to have more thorough wording.
Mr. Anderson provided an example of the current Code language and how the IPMC language
would be more descriptive and thorough, which makes enforcement more consistent with other
cities, is a stronger ordinance in court, and benefits tenants as it is easier for Code Enforcement
Officers to enforce.
Mr. Boganey asked if a more thorough and detailed definition and explanation will be beneficial
to the property owner as well as inspectors because, as an example, there will be less argument
about what ‘good condition’ means as inspectors may have different perspectives. Also, when
an enforcement order is given to a property owner, it will be more specifically laid out and clear
to the property owner what they have to do to gain compliance.
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Mr. Anderson agreed and stated for management companies with properties in multiple cities, it
will make the process more similar.
Mayor Willson stated in the past, the City Council had adopted something similar as an update to
the City’s Code and this appears to be another update that is prudent to consider as there are
changes from time to time. He stated he firmly believes it should be studied by the Housing
Commission.
The consensus of the City Council was reached to refer this matter to the Housing Commission
for study and recommendation.
EASTBROOK ESTATES DEVELOPMENT PROPOSALS
Community Development Director Meg Beekman reviewed at the last Work Session, the City
Council/EDA looked at Opportunity Site proposals from three developers. Since then, the City
Council toured one of the facilities and Pulte Homes submitted a brief letter and photographs of
their townhomes in an attempt to address questions raised by the City Council at the Work
Session. She distributed photocopies for the City Council’s review.
Ms. Beekman explained a representative from Pulte Homes was present at the last Work Session
and the information provided tonight addresses questions raised by the City Council. She asked
the City Council if they would like additional information or are they ready to make a decision.
Councilmember Graves stated she had asked about Centra and whether basements are
constructed with some houses. Mr. Boganey stated Centra addressed that question and said they
do have developments where some homes have basements and others do not. The determination
of whether there is or is not a basement is a function of land elevations. There are some areas
where basements are not appropriate or too expensive but other locations in the same
development may have an elevation that allows basements.
Mayor Willson stated developers are trying to hit a certain market value and basements would
raise the price of the product so they may not include basements for marketing reasons.
Mr. Boganey stated Centra also indicated that while leaning towards not providing basements,
they are still open to considering it after further analysis of the property.
Councilmember Butler stated at first, she did not favor townhouses but in thinking about the
City’s aging population and that there are not many locations for housing after single-family,
there may be a need. However, she does not know if these townhomes would be conducive for
that aging population. Councilmember Butler stated she sees value of new single-family homes
to allow residents to upgrade from an older home to a new home within Brooklyn Center, but she
also sees need for townhomes for the City’s demographics.
Mr. Boganey recalled a comment by Councilmember Ryan that whatever decision is made on
this acreage, it is hopefully not last time the City has an opportunity for new home development.
He noted that whatever is decided for the Opportunity Site does not mean that in the next
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iteration of new housing development, the City Council will not be in a position to consider
another option. Mr. Boganey commented the City Council does not need to consider all housing
needs in this first development but does need to determine which need they want to address first.
Mayor Willson asked for a staff summary of the detached versus attached housing proposals.
Ms. Beekman stated Centra proposed 35 single-family homes on 50-foot-wide lots, with multi-
level and two-story homes. The layouts are not yet finalized and they have different models with
three and four bedrooms. Centra is open to a conversation about basements but it would result in
a significant increase to the cost. Ms. Beekman stated Pulte Homes proposed 56 attached single-
family, two-story and three-story, townhomes on a private road system. They are constructing a
similar townhome product in Plymouth and have submitted exterior and interior photographs.
Councilmember Graves stated the Pulte Homes townhomes look nice and she is not opposed to
them specifically but she did not like the street layout as it only had two entrances/exits. She felt
the proposed street layout looked sort of like a trap, for lack of a better word. In addition, it
seemed disconnected from the community around it. Councilmember Graves stated she likes the
Centra street layout. She stated she is more interested in the townhome development if a
different street layout was proposed that was more inclusive of the neighborhood around it.
Councilmember Graves stated she would like to tour that as well as it would add clarity for her.
Mayor Willson asked Councilmember Graves whether she was supportive of the detached or
attached proposal, noting Centra had submitted two proposals, one with 40-foot lot widths and
another with 50-foot lot widths. Councilmember Graves stated she is considering between the
townhomes and the Centra proposal. Mayor Willson noted there were originally four proposals,
but the City Council eliminated the Alatus proposal.
Councilmember Graves stated she likes either of the Centra options, but remembers there was
something the City had to do to get the extra homes. She is not talking about that proposal but
the one that did not include that requirement of the City. She also supports the townhome
proposal so she is comparing Centra to the townhomes and the street configurations.
Mayor Willson explained he was trying to determine which Centra option Councilmember
Graves supports so he can determine whether there is a consensus for staff to pursue.
Councilmember Ryan stated of the four proposals, he feels the best is the Centra option for more
narrow 40-foot wide lots and, as discussed previously, there is need to increase the range of
housing types in Brooklyn Center. He stated the Centra proposal would afford that opportunity.
Also, he thinks the Centra designs would be a nice blend with the existing newer homes on
Aldrich Avenue. Councilmember Ryan noted this does not rule out other locations in the City to
have townhomes, including life-cycle townhomes for seniors. He restated he supports the Centra
option with 40-foot lots and detached homes.
RECESS STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Mayor Willson recessed the Study Session at 6:45 p.m.
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RECONVENE STUDY SESSION
Councilmember Ryan moved and Councilmember Graves seconded to reconvene the Study
Session at 6:46 p.m.
Motion passed unanimously.
EASTBROOK ESTATES DEVELOPMENT PROPOSALS
(continued)
Councilmember Graves asked if there is a deadline to make this decision.
Ms. Beekman stated there is not a deadline from the perspective of the City. All three
developers proposing are very interested in starting as soon as possible, complete platting this
winter, grading in the spring, and sales in early fall. She estimated the City Council has one
month before the developer needs to start in earnest with the platting process.
Councilmember Graves stated she was impressed with the Centra proposal but would be
interested in seeing if there is a better street layout for townhomes and tour them too. She stated
she can make a more educated decision with more information.
Councilmember Butler stated after thinking about it, she supports single-family homes because
there is more need for a step-up option in housing. She supports Centra Option A with 40-foot
wide lots and detached homes.
Mayor Willson stated he agrees with Councilmember Graves about seeing more information
before making a decision. He thinks the City Council should consider densities and what it does
to the tax base. However, at least three members would rather see single-family detached homes
rather than the Pulte Homes proposal. Mayor Willson stated the Centra proposal has consensus
but several members would like more information.
Mr. Boganey stated if there is consensus by a majority of the City Council to more forward the
Centra development, then perhaps the City should not ask Pulte Homes to invest additional time
and effort.
Councilmember Graves asked about the price difference.
Ms. Beekman stated the average price for the townhomes is $300,000 and the average price for
the single-family homes is $332,000.
Councilmember Graves asked if there is a difference in bedroom spaces. Ms. Beekman
answered the number of bedrooms and square footage are comparable. She displayed a chart
showing a comparison of the Eastbrook Estates proposals.
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Councilmember Graves stated she would like to get more information because she likes the idea
of upgraded detached homes but likes the Centra proposal the best. She stated if the street layout
with the townhomes was different, it may be a better investment, more accessible, more units,
and comparable as far as the number of people living in the actual space. Councilmember
Graves stated if the City is not in a hurry, she would like to spend another week or two to go on
another tour. She noted the Opportunity Site is one of the last undeveloped pieces of land in the
City.
Mayor Willson stated the City Council has not yet reached consensus and asked staff to schedule
this item for discussion at the next Work Session.
Ms. Beekman stated Pulte Homes has offered to provide a tour of their townhomes in Plymouth
if the City Council would like to see those units before the next meeting.
Mayor Willson and Councilmember Graves expressed interest in seeing those townhome units.
Councilmember Graves stated she would also like to know if Pulte Homes has other ideas about
the street layout.
Mr. Boganey stated he thinks this street layout is probably essential to their ability to get the
narrow private roads they need and maximum density at a cost that they estimated.
Mayor Willson asked staff to invite Pulte Homes to the next Work Session so they can answer
that question.
ADJOURNMENT
Mayor Willson adjourned the Study/Work Session at 6:54 p.m.