HomeMy WebLinkAbout2019 10-28 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
OCTOBER 28, 2019
CITY HALL — COUNCIL CHAMBERS
14F.11 91 a-LIZI3-97 04 fl
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session
called to order by Mayor/President Mike Elliott at 9:00 p.m.
ROLL CALL
Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April
Graves, and Dan Ryan. Councilmember/Commissioner Kris Lawrence -Anderson was absent and
excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards,
City Clerk Barb Suciu, and City Attorney Troy Gilchrist.
ORDINANCE AMENDING THE PUBLIC DANCE ORDINANCE THE
ENTERTAINMENT ORDINANCE AND ZONING ORDINANCE (cont'd)
Mayor/President Elliott asked whether any comments were received from local entertainment
businesses regarding this ordinance amendment. Ms. Suciu stated Earle Brown Heritage Center
(EBHC) was asked for feedback, as they often have live entertainment. She added other
establishments did not have any comments.
Deputy City Manager Reggie Edwards stated entertainment businesses were present at the
meeting, including Jammin Wings, Jambo Africa, and EBHC, and they expressed their
appreciation of having the meeting and going through all the information.
Councilmember/Commissioner Ryan stated he supports moving ahead with the updated
Ordinance. He added he appreciates that it will be called an entertainment ordinance, rather than
a dance ordinance. He noted there might be enforcement issues if the City moves forward with
2:00 a.m. liquor license.
Mayor/President Elliott expressed concern regarding police calls in the updated Ordinance, which
is not clear. He stated the number of police calls to an establishment should not be a reason to bar
them from having a license. He noted he feels adamant that caution should be used concerning
this requirement.
Mr. Boganey stated it is a good point, and the updated Ordinance is a little vague in that respect.
He added, however, the language is valid and valuable, as there is no indication that having a
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disproportionate number of police calls would translate into action against an establishment's
license. He added the only requirement is that a meeting will be scheduled to discuss strategies
for reducing police calls and increasing public safety. He noted the license would only be reviewed
if the strategies are not followed or are not successful.
Mayor/President Elliott stated, in terms of police calls, it makes sense to apply this amendment to
all businesses in Brooklyn Center, treating businesses of all sizes the same, and not discriminate
against small local businesses. He added the City could be open to criticism if businesses are
treated differently based on police calls.
Mr. Boganey stated the principle business that would apply for an entertainment license is a
restaurant, and the license is an ancillary activity to the principle business. He added there is
evidence to suggest that when you add an ancillary activity to the principle business, there can be
potentially negative results, which is the reason that additional conditions or requirements are
proposed.
Councilmember/Commissioner Ryan stated licensing standards would vary by functionality, and
local businesses should be reviewed with functionality in mind.
Mayor/President Elliott stated the amendment related to police calls could disproportionately
affect minority businesses.
Councilmember/Commissioner Graves stated businesses would be allowed to meet with City Staff
and come up with a mitigation plan to resolve their issues, and it will come before the City
Council/EDA. She added she does not believe the amendment sets up small businesses of color
to fail, although there may be changes in the case of 2:00 a.m. liquor license. She noted City Staff
is doing what they can to provide a solution.
Mayor/President Elliott stated there could be unintended consequences, as there are more Police
calls to residences of people with color, and businesses would also be impacted. He added a
mitigation plan based on police calls is problematic, and he finds it difficult to support.
Mr. Gilchrist stated the types of circumstances that would constitute the basis for revocation would
need to be reviewed if this amendment moves forward. Mayor/President Elliott stated revocation
should not be predicated on the number of police calls.
Ms. Suciu stated the proposed language comes from the City of Minneapolis' entertainment
ordinance. She added the impact would only be on the ancillary entertainment portion of the
business. She noted the initial purpose of the proposed amendment was to separate entertainment
from the liquor license so businesses can remain in operation.
Councilmember/Commissioner Ryan stated the City is required to demonstrate a substantive due
process, which prohibits discrimination against one type of business or another. He added Police
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Officers are responsible for due diligence in documenting police calls, and the amendment is
appropriate.
Mayor/President Elliott noted communities of color are disproportionately impacted by crime -free
Ordinances. He stated he has a hard time moving forward with the section about police calls, and
he would like to see his concerns addressed. He added he supports merging the two Ordinances.
Councilmember/Commissioner Graves stated she believes there is enough discretion, and it is not
predicated. She added she supports moving forward with the proposed amendment. She noted
she is interested in more clarity as a whole throughout the Ordinance.
Mayor/President Elliott stated he would like more information regarding the effect this Ordinance
will have on certain communities, concerning police calls.
Mr. Boganey stated the system of licenses is based on the number of police calls.
Mayor/President Elliott stressed the importance of doing due diligence and considering the impact
moving forward. He requested that the City Staff provide additional information.
Councilmember/Commissioner Ryan stated there is no quorum.
Mr. Boganey stated City Staff could provide additional analysis.
Mayor/President Elliott requested that the City Council/EDA should schedule a time for a
discussion on the housing portion of this issue.
ADJOURNMENT
Councilmember/Commissioner Ryan moved, and Councilmember/Commissioner Butler seconded
adjournment of the City Council/Economic Development Authority Work Session at 9:38 p.m.
Motion passed unanimously.
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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 ofthe minutes of a Work Session
of the City Council of the City of Brooklyn Center held on October 28, 2019.
2. That said meeting was held pursuant to due call and notice thereof and was duly held at
Brooklyn Center City Hall.
That the City Council adopted said minutes at its November 12, 2019, Work Session.
Barbara Suciu, City Clerk
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Mike Elliott, Mayor