Loading...
HomeMy WebLinkAbout2020 11-09 CCM Work Session11/09/20 -1- MINUTES 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 NOVEMBER 9, 2020 CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 8:27 p.m. The meeting was conducted via Webex. ROLL CALL Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. SNOWMOBILE AND RECREATIONAL VEHICLE ORDINANCE DISCUSSION Community Development Director Meg Beekman stated, at a recent Work Session, the City Council discussed a potential Ordinance restricting the use of snowmobiles and recreational vehicles on private property. She added the City Council requested that the Housing Commission review the proposed policy and provide feedback and comments. She noted this issue is related to a particular property, but a review was necessary as City Code does not limit the operation or use of snowmobiles or other recreational vehicles on private property. Ms. Beekman stated the draft Ordinance was discussed by the Housing Commission who felt that use of recreational vehicles should be allowed on private property with certain exceptions, including residents who have direct lake access. She added the Housing Commission provided recommendations and added an exemption allowing for the use of recreational vehicles on private property between hours of 7:00 a.m. – 10:00 p.m. She noted the Housing Commission stated this issue is related to excessive noise which can be addressed and restricted under the Noise Ordinance Section 27-903. Ms. Beekman stated, from City Staff’s perspective, the primary issue is that a difficult enforcement issue could be the result of prohibiting or regulating an activity that is allowed by Code. She added the complaint-based process puts the burden of enforcement on neighbors to call in the complaint and provide testimony if the matter goes to court. She noted City Staff are concerned about the language and the City’s ability to enforce it, and additional language is recommended to allow the use of recreational vehicles on private property with additional exceptions – on lake properties, for snow removal and landscape work. 11/09/20 -2- Ms. Beekman stated this issue was reviewed by the City Attorney and the City’s prosecuting attorney, who agreed with City Staff’s concerns regarding the difficulty of enforcing a Noise Ordinance. Ms. Beekman requested feedback and comments from the City Council before a first reading of the Ordinance amendment is scheduled. Councilmember/Commissioner Graves asked what issues would not be adequately addressed by the Housing Commission’s recommendations. Ms. Beekman stated the Housing Commission’s recommendation was to allow use of recreational vehicles on private property between hours of 7:00 a.m. – 10:00 p.m. She added they acknowledged that using recreational vehicles during those hours could create a disturbance due to noise and small lot sizes and recommended a provision within the Nuisance Ordinance that would prohibit annoying and disturbing noises. She noted the Housing Commission felt that would be sufficient to manage any complaints received by City Staff related to noise and annoyance. Ms. Beekman stated, from a staff perspective, it would be difficult to enforce a Noise Ordinance based on behavior that the City Code specifically allows. She added the burden of proof would be upon whether the noise is annoying to neighbors, which can lead to situations where the Code is not enforced consistently or fairly. She noted it is unclear whether the complaint would hold up in court if the Ordinance is enforced. Councilmember/Commissioner Graves stated she supports the Housing Commission’s recommendation. She added she exceptions for lakeside properties would favor certain property owners. She noted she does not feel more regulation is the route to take, especially if it can be addressed under the Noise Ordinance. Ms. Beekman stated, due to the Housing Commission’s discussion on this matter, they seemed to assume their concerns regarding noise could be remedied or managed through the City’s Noise Ordinance regulations, which City Staff and the City Attorney feel is a separate, immaterial issue. Ms. Beekman stated it is within the City Council’s purview to allow use of recreational vehicles on private property. She added, to be clear, it is City Staff’s opinion that it would not be the correct path to enforce noise complaints against individuals who are exercising their right to use recreational vehicles under the Ordinance. Councilmember/Commissioner Graves stated she understands Ms. Beekman’s point, that it would be difficult to prohibit something that is allowed under Ordinance. She added, however, if a resident were making noise, their neighbors could complain about it. She noted it feels like an overreach to prohibit activity on private property but agreed steps should be taken. Mr. Boganey stated the threshold issue is not about exceptions but rather about whether residents should be allowed to use recreational vehicles in residential neighborhoods. He requested feedback and comment from the City Council regarding whether it is appropriate to introduce this type of activity as an approved use in residential neighborhoods. 11/09/20 -3- Councilmember/Commissioner Ryan stated, with regard to Mr. Boganey’s point, the City Council should consider whether the use of recreational vehicles is an appropriate use in a built-out, urban community. He added homes are placed relatively close together, and there are very few areas in the community where this type of use would be appropriate. He noted he questions why this type of use should be allowed at all, except to plow driveways when there is a heavy snowfall. He expressed his opposition to allowing this use in Brooklyn Center as there will be inevitable intended nuisances. Councilmember/Commissioner Lawrence-Anderson stated she respects the opinions of her peers but feels that residents who pay property taxes should not be told what kind of motorized vehicles they can have. She added she has a 35-foot recreational vehicle parked on her property. She noted tax-paying citizens should have the ability to own recreational vehicles, but not drive them around in their front yard. Mr. Gilchrist stated, for purposes of clarification, the proposed Ordinance would prohibit the use of recreational vehicles but not their ownership. He added operation of these vehicles on City streets or private property, except in limited circumstances, would not be allowed. Mayor/President Elliott asked how many resident complaints have been received by City Staff regarding the property in question. Ms. Beekman stated there were numerous complaints about the property in question over the past few winter seasons, and approximately 8 complaints over the past 6 years about other properties. Mayor/President Elliott stated he agrees with Councilmember/Commissioner Grave’s comments. He added this is a noise issue, which could be any type of activity that people do on their property. He added the Noise Ordinance should be drafted so that it fairly deals with noise but does not regulate what people do in their back yards. He noted he supports the recommendations of the Housing Commission. Councilmember/Commissioner Ryan asked whether the use of snowmobiles on frozen lakes is a matter of local regulation. He added he does not believe there are any other areas in Br ooklyn Center, which is an urban community, where there is sufficient open space for snowmobiles. Mr. Gilchrist stated the City can regulate the use of snowmobiles on the lake, under State Statute 84.87. Councilmember/Commissioner Ryan stated people in outstate Minnesota can use snowmobile in a responsible manner with regulatory restrictions. He added the City of Brooklyn Center does not have open spaces. He noted he would add a provision for the use of recreational vehicles for the sole purpose of landscaping or snow removal, but otherwise prohibited. Councilmember/Commissioner Graves stated she does not disagree with Councilmember/Commissioner Ryan’s statements, but feels that residents should be able to use their property however they see fit. She added she understands that the noise issue could be annoying, but this is just one household, and some neighbor complaints can be petty. She noted 11/09/20 -4- she is supportive of the Housing Commission’s recommendations, but she does not believe there is a perfect solution. She noted, however, this provides a method for residents who want to make a complaint. Mayor/President Elliott stated he supports the Housing Commission’s recommendations. Councilmember/Commissioner Butler stated she supports the recommendation of the Housing Commission. FAIR HOUSING POLICY Ms. Beekman stated the creation of a Fair Housing policy was proposed by the City Council at their March 9, 2020 meeting. She added the City Council requested that the Housing Commission be instructed to review this issue and draft a Fair Housing policy. Ms. Beekman stated a Fair Housing policy is required for the City to participate in the Metropolitan Council’s Livable Communities account, a program that provides funding for development projects. She added it is a good idea to have a Fair Housing policy in any event, to outline the City’s housing policies and provide an outline for addressing fair housing complaints. She noted the policy should identify a location or person within the City who is responsible for housing issues, to support residents and manage the complaints process. Ms. Beekman stated the Housing Commission reviewed housing policies from other cities throughout Minnesota, and drafted a policy mostly based on policies from the cities of Bloomington and Richfield, which are similarly situated cities with comparable housing stock, capacity and community. She noted the draft policy was reviewed by Robert Alsop, an attorney with Kennedy & Graven, at a recent Housing Commission meeting, and was found to be well- written and comprehensive. Ms. Beekman stated the draft policy was forwarded to multiple agencies for feedback and comment, including ACER, the Housing Justice Center, and HomeLine. She added feedback was received from HomeLine and reviewed by the Housing Commission. The Housing Commission reviewed online content related to available fair housing resources, and information has been published on the City’s website. Ms. Beekman stated the draft policy will require staff training including complaint and referral processes; adoption of additional policies that support fair housing practices; internal review of existing ordinances and policies related to fair housing; and expectations for community engagement. The proposed policy affirms the City’s commitment to fair housing and creates a more transparent process to ensure that the necessary resources are available to residents, both online and in person. Ms. Beekman requested feedback and comment from the City Council regarding the draft Fair Housing Policy. Mayor/President Elliott asked whether the agencies who received the draft policy were given a time frame in which to return their comments and feedback to City Staff. Ms. Beekman stated 11/09/20 -5- HomeLine is the only group that responded in writing. She added their comments were shared with the Housing Commission and incorporated into the draft policy. She agreed to email HomeLine’s comments to the City Council. Mayor/President Elliott asked how much time the agencies were given to review the draft policy. Ms. Beekman stated City Staff requested a response within a few months, but the Housing Commission has been working on the draft policy for quite a while. She added she is unsure why they did not send in any comments, but the draft policy can be resent to them. Councilmember/Commissioner Ryan asked Ms. Beekman whether, in her opinion, the cluster of issues around affordable and equitable housing could be considered a regional issue, requiring regional solutions. Ms. Beekman the issue of fair housing and the access to affordable housing is really a national issue, as a similar pattern and trend is happening in metropolitan areas throughout the country. She added the vast majority of funding for affordable housing comes from the federal government, and it is an issue of supply and demand. She noted this is a complex problem and too unfair and unrealistic to place it at any single agency’s feet. Councilmember/Commissioner Ryan stated this issue has been a difficult challenge for Brooklyn Center as well as the entire metropolitan area and is a consequence of wage inequity that has been evolving over the last four decades. He expressed concern that the City will create a greater burden for itself, and increase the number of lower income households, by trying to take on more than its fair share of solutions for affordable housing. He added he hopes the City can partner with other metro area cities to address this issue fairly and equitably. He noted he has voted in support of every affordable housing proposal that has come before the City Council. Councilmember/Commissioner Ryan stated he supports a supply of affordable housing proportionate to the City’s needs without providing more than that which is the City’s fair and equitable share. He added the City Council must address this issue in a fair and sustainable manner, keeping in mind the greater interests of the City of Brooklyn Center for years to come. Mr. Boganey stated it is important to distinguish between fair housing and affordable housing, which is a regional and national issue. He added the City’s proposed Fair Housing policy speaks more directly to civil rights requirements, prohibiting discrimination against those seeking housing. Councilmember/Commissioner Graves stated this is an important first step, although there may be room for more nuance. She added she supports sending the draft documents to local organizations to get some feedback on what is proposed now. She noted she is ready to move the Fair Housing Policy forward. Councilmember/Commissioner Graves asked whether Brooklyn Center ever had a Human Rights Commission, and why the City does not have one now. She added Brooklyn Park has a Human Rights Commission, and another local city just added one. 11/09/20 -6- Mr. Boganey stated there was Brooklyn Center Human Rights Commission. He added he is unsure about why it was disbanded, although there was some sense that its mission and work were duplicative of what was being offered by the State of Minnesota. Councilmember/Commissioner Graves stated she would be interested in having a Work Session discussion about the potential for a Human Rights Commission. City Clerk Barb Suciu stated a Resolution was passed in 2003 establishing a Human Rights Resources Commission. Mr. Boganey agreed to do more research. He added he believes the Commission was dissolved by the City Council. Mayor/President Elliott stated this is a good starting point to move forward with the Fair Housing Policy. He expressed his appreciation for the work that has been done by the Housing Commission and City Staff. ADJOURNMENT Councilmember/Commissioner Graves moved and Mayor/President Elliott seconded adjournment of the City Council/Economic Development Authority Work Session at 9:27 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) ss. Cetiification of Minutes The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, cetiifies: 1.That attached hereto is a full, true, and complete transcript of the minutes of a Work Session of the City Council of the City of Brooklyn Center held on November 9, 2020. 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 November 23, 2020, Regular Session. City Clerk 11/09/20 -7-