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HomeMy WebLinkAbout2020 11-17 HCPAGENDA BROOKLYN CENTER HOUSING COMMISSION November 17, 2020 7:00 p.m. Virtual Webex Meeting Call In Number: 1(312) 535-8110 Meeting number (access code): 141 399 1840 Meeting password: Kj46HnTSpk4 Link: Join meeting 1) Call to Order: 7:00 p.m 2) Approval of Agenda Approval of Housing Commission Meeting Minutes from October 20, 2020 3) City Operations Update a) City Hall Remains closed b) City Meetings being Held Virtually 4) Fair Housing Policy Update 5) Snowmobile Ordinance Update 6) New Neighbor Welcome Program Update 7) City Council Liaison’s Report 8) Chairpersons Report 9) Other Business 10) Adjournment Page 1 MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION OCTOBER 20, 2020 CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:00 p.m. The meeting was conducted via Zoom. ROLL CALL Chairperson – Mark Goodell - Present Joan Schonning – Present Paul Oman - Present Lindsay Cremona - Present Also present was Staff Liaison Jesse Anderson. APPROVAL OF AGENDA There was a motion by Commissioner Oman and seconded by Commissioner Cremona to approve the agenda as submitted. The motion passed. APPROVAL OF MINUTES There was a motion by Commissioner Oman and seconded by Commissioner Cremona to approve the minutes of the Housing Commission meeting on September 15, 2020. The motion passed. CITY OPERATIONS UPDATE Staff Liaison Jesse Anderson stated services are available at City Hall by appointment, and for voting purposes. He added City Staff are still doing rental and building inspections. He noted the Community Center is also open by appointment. Mr. Anderson stated the City Council is working on a budget for the small business grants program. FAIR HOUSING POLICY DISCUSSION Chair Goodell stated the Housing Commission has reviewed the policy a few times, and feedback and comments have been received from HOME Line Tenant Advocacy as well as Kennedy & Graven, the City Attorney’s office. Mr. Anderson stated HOME Line indicated support for the Fair Housing policy. He added their response referred to potential issues related to Code analysis and community engagement, but upon further review, City Staff does not believe that will be a problem. Mr. Anderson stated Kennedy & Graven’s response included background information from the City of Bloomington, which has an extensive online library about reasonable accommodations policy, ADA requirements, and State policies. He added there are existing policies that address these issues and are available online. Page 2 Mr. Anderson stated he would recommend removing the online documents information from the policy, and work on it separately at a later time. Chair Goodell stated the policies are important, but if added to the City’s policy, should be referenced as recommendations. Commissioner Cremona stated, under “Access”, the following could be added: “In addition, the City will post the following documents on its website, as adopted, including but not limited to” and then listed recommended documents. Chair Goodell thanked Mr. Anderson for following up HOME Line and Kennedy & Graven. Mr. Anderson stated he contacted other groups as well, but only received responses from those 2 agencies. Mr. Anderson stated the Fair Housing policy has not been published online, but that can be done as soon as necessary. He added the links can be added to the website as it is good information for residents. Commissioner Cremona stated the policy information links are helpful and streamlined and allow residents to know their rights and how to find the information they need. Mr. Anderson agreed, adding the information came from the City of Bloomington. Chair Goodell asked whether City Council approval is required to publish this information the City’s website. Mr. Anderson stated this is all information that is valuable to residents, regardless of policy decisions. There was a motion by Commissioner Cremona and seconded by Commissioner Schonning to post links related to the Fair Housing Policy on the City website. The motion passed. Chair Goodell asked whether the online documents will be reviewed and updated periodically, and whether the Housing Commission should be responsible for that. Mr. Anderson stated the online housing documents will fall under the responsibility of the Community Development Department. He added, however, it would be fine to add reviews and updates to the Housing Commission’s responsibilities. There was a motion by Commissioner Schonning and seconded by Commissioner Cremona to submit the Fair Housing Policy to the City Council for review and consideration of approval. The motion passed. DISCUSS SNOWMOBILE ORDINANCE Mr. Anderson stated this issue was reviewed by the City Council at their last meeting. Commissioner Oman expressed concern that the City does not have jurisdiction over who drives on Twin Lake or the Mississippi, and a joint agreement would be necessary to enforce restrictions. Page 3 Mr. Anderson this issue was reviewed at the last City Council meeting due to ongoing complaints from residents regarding snowmobile use on private property. He added the City Council requested that the Housing Commission review this issue and provide recommendations and feedback to the City Council. He noted numerous complaints have been received about one private property where the owner is using their yard as a snowmobile track. Although it is unusual to bring forward an Ordinance amendment for an individual property, this is a unique situation as there have been so many complaints about a variety of issues, including noise, construction debris onsite and in the street, and other problems. Mr. Anderson stated most metro area cities restrict the use of ATV’s and snowmobiles except on designated trails and prohibit their use on private property. He added the current Ordinance only addresses snowmobiles and does not include ATVs and other recreational vehicles. He noted the Ordinance amendment would add ATV’s, off-highway motorcycles and recreational vehicles, and prohibit them within City boundaries with exceptions for allowed uses. Mr. Anderson stated the City Council reviewed this issue, and requested input and feedback from the Housing Commission, as this issue relates to one property, and could perhaps be handled under the City’s noise Ordinance. He added, however, the noise Ordinance can be difficult to enforce as it is subjective. He noted, under the amended Ordinance, enforcement would be based on complaints. Mr. Anderson stated operation of snowmobiles on City streets is currently prohibited. The ordinance would be amended to allow the use of ATV’s for landscaping, improvement projects, or construction, but not for recreational purposes. Commissioner Oman stated residents who live on the lake and want to use their snowmobiles on the lake should be allowed access from their backyards, instead of using roads. Mr. Anderson agreed that can be added as an exception. Commissioner Cremona stated she has difficulty with prohibiting activity on someone’s private property. She added she understands why this type of activity would be prohibited on public streets and in parks. She noted the current Ordinance could be amended to make it broader, to include ATV’s and other vehicles, but she is hesitant to have that reach onto private property. She stressed that people using ATV’s should still be good neighbors, and if they are not, the Noise Ordinance could be enforced. Commissioner Cremona stated, in her opinion, it is overbroad to prohibit activity on private property, unless the property owner is being careless, reckless or noisy, which would be addressed under “Operation Restrictions and Limitations”. Mr. Anderson stated the Noise Ordinance would not be enforceable during the day. He added a person could use their snowmobile in their yard as much as they want and not be in violation of the Ordinance. Commissioner Cremona stated, under Section 27-903, if a resident is operating a snowmobile on their private property during the day in a way that is loud and disturbs their neighbors, that would Page 4 be a violation of the Ordinance. She added an Ordinance prohibiting use of snowmobiles and ATV’s on private property would be cleaner and easier to enforce, but it feels a little over-reaching. Chair Goodell asked whether Brooklyn Park and other nearby communities have similar restrictions. Mr. Anderson stated most metro area cities do not permit the use of snowmobiles or ATV’s on private property. Chair Goodell stated he sees both sides of this issue. He added the issue of prohibiting noise is subjective. He noted complaints from nearby residents would be sufficient to enforce the Ordinance. He asked whether a minimum lot size could be considered. Mr. Anderson stated the property in question would not fall under a maximum lot size. Commissioner Schonning stated she agrees with Commissioner Cremona that it is too far-reaching to restrict activity on private property. She added restrictions should be placed around noise and disturbance and being considerate of your neighbors. Mr. Anderson stated the section regarding “Operation Restrictions and Limitations” would not be sufficient to stop residents from using recreational vehicles on their private property. He added the existing Ordinance did not help the current situation, with the property owner that was previously discussed. He noted, if the Ordinance is not amended, the operation of recreational vehicles on private property would be a permitted activity. Commissioner Cremona stated there would still be limits to using recreational vehicles on private property, as listed in Section 27-903, Restrictions 1-5. Mr. Anderson stated use of recreational vehicles on private property would not injure anyone, and it is allowed by City Code during daylight hours. He added it would be difficult for a police officer to document an unusual amount of noise, to enforce the Noise Ordinance. He noted it would be necessary to obtain a written, signed statement of complaint from another resident. Chair Goodell stated any residents who have complained would probably be willing to write a statement of complaint. Mr. Anderson agreed, but added the Noise Ordinance has not been effective in the current situation. Commissioner Cremona stated, the way the Ordinance is written, it would be difficult to document a noise violation without a written statement of complaint. She added she understands why it would be easier to prohibit this type of activity on private property. She noted, in her opinion, it is not appropriate to place restrictions on how people use their private property, but the City should be able to restrict people from using their property in a disruptive way, regardless of the time of day. Commissioner Schonning stated she does not support restricting residents’ ability to use their private property as they see fit. She added the Housing Commission’s comments could be reviewed by the City Council to see if they have additional recommendations. Page 5 Mr. Anderson stated the recommendation to the City Council could include an exemption that recreational vehicles are allowed on private property if they are used in a reasonable manner in compliance with Section 27-903 between the hours of 7:00 a.m. – 10:00 p.m. Commissioner Cremona asked whether residents could be required to register vehicles with the City. She added City licensing would be another way of enforcing the Ordinance. Mr. Anderson stated that process could be reviewed as a possibility if this amendment is not successful, and this continues to be a problem. Commissioner Oman stated licensing can be a problem for vehicles that already require a State license. He added it would be confusing to have a requirement for multiple licenses. Commissioner Cremona stated it would be more like a rental license. Mr. Goodell stated it would also be similar to fire permits, that were required by the City before a resident could have a fire. Mr. Anderson stated that would be a course of action that could be pursued. Mr. Anderson stated he can present the Housing Commission’s recommendations to the City Council at an upcoming work session. There was a motion by Commissioner Cremona and seconded by Commissioner Schonning to recommend City Council approval of an Ordinance amendment related to the use of snowmobiles, ATV’s and recreational vehicles with an exception for use on private property between 7am-10pm, following restrictions and limitations outlined in Section 27-903. The motion passed. REVIEW NEW NEIGHBOR WELCOME PROGRAM Chair Goodell stated he has a list of 30 homes of new residents and plans to pick up bags and deliver them after the election. He thanked everyone who helped deliver Welcome bags in 2020. CITY COUNCIL LIAISON REPORT In the absence of the City Council Liaison no report was given. CHAIRPERSONS REPORT Chair Goodell stated the Housing Commission’s next meeting is scheduled for November 17, 2020. OTHER BUSINESS City Council Meeting Update Mr. Anderson stated the City Council’s last meeting included the allocation of additional funds to Acer for small business grants, as well as approval of easements related to the C-Alan Homes triplex developments on Brooklyn Boulevard. He added two residents spoke against the developments during the public hearing, although the Mayor was not in attendance at that time. Mr. Anderson stated the City Council had a long discussion regarding the Radisson Hotel Brooklyn Center’s expired license, and their contract with Hennepin County to provide housing and services to displaced people. He added the City Council reached a consensus to add Page 6 conditions to the Radisson’s license, limiting the number of available units to 50. He noted the hotel was given temporary exemption from the current Zoning Code until 90 days past the end of the Governor’s Emergency Declaration. Chair Goodell noted there are two open Housing Commission positions. Mr. Anderson agreed, adding he believes there are two applicants for consideration. ADJOURNMENT There was a motion by Commissioner Schonning and seconded by Commissioner Oman to adjourn the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:48 p.m. __________________________________ Chairman