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Home My WebLink About2019 11-25 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 NOVEMBER 25, 2019 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 Mike Elliott at 6:45 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves (returned to the meeting at 8:22 p.m.), Kris Lawrence -Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Interim Finance Director Andy Splinter, Community Development Director Meg Beekman, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and City Clerk Barb Suciu. Mayor Mike Elliott opened the meeting for Informal Open Forum. Diane Sannes, 7006 Willow Lane, stated she spoke at the City Council's last meeting and expressed concern about blight and poor lighting at Shingle Creels Crossing. She added multiple streetlights are still not working, and she does not think there have been any changes. She noted she asked business owners about it, who said that they have called the Mid-America about streetlights that are not working. Ms. Sannes invited residents and the City Council to help pick up trash at the Brooklyn Center Transit Center on Saturday morning. Mayor Elliott thanked Ms. Sannes for her persistence and concern for the community. Mr. Boganey stated City Staff have contacted the owner and management company and informed them about which lights are not working. He added commitment was given that certain items would be fixed. He noted City Staff is confident that the management company will respond to the City's requests that the lights be turned on. He agreed to provide an update at an upcoming City Council meeting. Ryan Schmidt, 6518 Willow Lane, asked who is responsible for shoreline maintenance. He added his property is on the Mississippi River, and he pays high taxes, but his shoreline is eroding. He asked who he should contact about erosion control. Mr. Boganey stated the 11/25/19 -1- Mississippi River falls under jurisdiction of the Minnesota Department of Natural Resources (DNR). Mr. Boganey agreed to get back to Mr. Schmidt with additional information about who to contact regarding waterways and erosion. Councilmember Ryan moved, and Councilmember Butler seconded to close the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Mayor Elliott read an excerpt from a publication of IBM Center for the Business of Government regarding the importance of redefining the nature of governments' engagement with citizens in problem -solving. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:00 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves (returned to the meeting at 8:22 p.m.), Kris Lawrence -Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Interim Finance Director Andy Splinter, Community Development Director Meg Beekman, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and City Cleric Barb Suciu. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Elliott moved, and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 12, 2019 — Study Session 2. November 12, 2019 — Regular Session 6b. LICENSES 11/25/19 -2- FIREWORKS LICENSES American Promotional Events dba TNT Fireworks dba Cub Foods West FIREWORKS - OUTDOOR DISPLAY Pyrotecnico Fireworks Inc Topgolf #31314 3245 Co Road No 10 Brooklyn Center, MN 55430 New Castle, PA 16103 6420 Camden Avenue N Brooklyn Center, MN 55430 GASOLINE SERVICE STATION LICENSES Boulevard Enterprises Inc. 5300 Dupont Avenue N Christy's Auto Service Brooklyn Center, MN 55430 Brooklyn Center Municipal Garage 6844 Shingle Creels Pkwy Brooklyn Center 55430 Holiday Station Stores LLC 420 66th Avenue N Brooklyn Center 55430 Kabalan Co. dba Pump N' Munch 1505 69th Avenue N Brooklyn Center 55430 Northern Tier Retail LLC dba Speedway Northern Tier Retail LLC dba Speedway Northern Tier Retail LLC #4058 1901 57th Avenue N Brooklyn Center, MN 55430 #3192 6950 Brooklyn Blvd Brooklyn Center, MN 55429 dba Speedway #4160 6545 West River Road Brooklyn Center, MN 55430 YD Holdings LLC dba Holiday Stationstore #3803 5710 Xerxes Avenue N Brooklyn Center, MN 55403 LIQUOR - OFF -SALE 3.2 PERCENT MALT LIQUOR Diamond Lake 1994 LLC dba Cub Foods 3245 County Road No 10 Kabalan Co. dba Pump N' Munch Northern Tier Retail LLC dba Speedway 11/25/19 -3- Brooklyn Center, MN 55429 1505 69th Avenue N Brooklyn Center, MN 55430 #4058 1901 57th Avenue N Brooklyn Center, MN 55430 Northern Tier Retail LLC dba Speedway Northern Tier Retail LLC dba Speedway #3192 6950 Brooklyn Blvd Brooklyn Center, MN 55429 #3192 6545 West River Road Brooklyn Center, MN 55430 LIQUOR - ON -SALE 3.2 PERCENT MALT LIQUOR Bryant Wings LLC dba Wingstop 1180 Shingle Creels Crossing Brooklyn Center, MN 55430 City of Brooklyn Center Centennial Park City of Brooklyn Center Evergreen Park 6301 Shingle Creels Pkwy Brooklyn Center, MN 55430 7112 Bryant Avenue N Brooklyn Center, MN 55430 LIOUOR - ON -SALE INTOXICATING &_ ON -SALE SUNDAY Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar 1400 Shingle Creels Pkwy Brooklyn Center, MN 55430 Brooklyn Hotel Partners LLC dba Embassy Suites City of Brooklyn Center Centerbrook Golf Course Flik International Corporation dba Earle Brown Heritage Center Jambo Africa LLC dba Jambo Africa Restaurant & Bar Jammin' Wings Inc. dba Jammin' Wings Top Golf USA Brooklyn Center LLC dba Topgolf 6300 Earle Brown Dr Brooklyn Center, MN 55430 5500 Lilac Dr Brooklyn Center, MN 55430 6155 Earle Brown Dr Brooklyn Center, MN 55430 1601 Freeway Blvd Brooklyn Center, MN 55430 2590 Freeway Blvd Brooklyn Center, MN 55430 5420 Camden Avenue Brooklyn Center, MN 55430 LIQUOR - ON -SALE WINE & ON -SALE 3.2 MALT LIQUOR 11/25/19 -4- Brooklyn Center Restaurant Inc. dba 50's Grill Davanni's Inc. dba Davanni's Pizza & Hot Hoagies MECHANICAL CONTRACTORS DeZiel Heating & A/C True North HVAC LLC JJJC LLC Supreme Heating & Air Conditioning SIGNHANGER LICENSE Signs by RSG TOBACCO Bleu Ocean Inc dba Cloud 9 Smokeshop Brooklyn Center Municipal #1 (New Agenda Item 10b) Brooklyn Center Municipal #2 (New Agenda Item 10b) Burr St Market Inc dba Quick Shop Diamond Lake 1994 LLC dba Cub Foods Family Dollar Holiday Stationstores LLC Holiday Stationstores LLC Jammin Wings LLC 11/25/19 -5- 5524 Brooklyn Blvd. Brooklyn Center, MN 55429 5937 Summit Drive Brooklyn Center, MN 55430 1612 3rd Avenue NE Buffalo, MN 55313 20142 Twin Pkwy NW Nowthen, MN 55330 7964 Brooklyn Blvd #162 Brooklyn Park, MN 55445 13624 Crooked Lake Blvd NW Andover, MN 55304 37464 Jasper St NW Dalbo, MN 55017 615 66th Avenue N Brooklyn Center, MN 55430 5625 Xerxes Avenue N Brooklyn Center, MN 55430 6930 Brooklyn Blvd Brooklyn Center, MN 55429 5808 Xerxes Avenue N Brooklyn Center, MN 55429 3245 Co Road No 10 Brooklyn Center, MN 55430 #25110 2105 57th Avenue N Brooklyn Center, MN 55430 420 66th Avenue N Brooklyn Center, MN 55430 6890 Shingle Creels Pkwy Brooklyn Center, MN 55430 2590 Freeway Blvd Brooklyn Center, MN 55430 Kabalan Co. dba Pump N' Munch 1505 69th Avenue N Brooklyn Center, MN 55430 Leng Ku dba Sun Foods 6350 Brooklyn Blvd Brooklyn Center, MN 55429 Not Tier Energy/Retail dba Speedway #3192 6950 Brooklyn Blvd Brooklyn Center, MN 55429 Northern Tier Energy/Retail dba Speedway #4058 1901 57th Avenue N Brooklyn Center, MN 55430 Northern Tier Energy/Retail dbs Speedway #4160 6545 West River Road Brooklyn Center, MN 55430 Premier Tobacco 6930 Brooklyn Blvd Brooklyn Center, MN 55429 Royal Tobacco 5625 Xerxes Avenue N Brooklyn Center, MN 55430 Two Rivers Investment 6840 Humboldt Avenue N Brooklyn Center, MN 55430 Walgreens Company 6390 Brooklyn Blvd Brooklyn Center, MN 55429 Walmart Inc dba Walmart #5625 1200 Shingle Creek Crossing Brooklyn Center, MN 55430 YD Holdings LLC dba Holiday Stationstore #3808 5710 Xerxes Avenue N Brooklyn Center, MN 55430 RENTAL INITIAL (TYPE IV— one-year license) 5843 Fremont Avenue N Stephanie & Mark Steiner INITIAL (TYPE II— tavo year license) 2918 Mumford Avenue N Xue Yang INITIAL (TYPE I— three-year license) 5447 4th Street Infinite Property LLC/Xian Lin 5614 Bryant Avenue N Lin Shuang LLC/Xian Lin 7136 Halifax Avenue N Cynthia & David Lehner -Smith 5506 Judy Lane N Prosperous Property RENEWAL (TYPE IV— one-year license) 5228 Ewing Avenue N IH3 Property RENEWAL (TYPE III — one-year license) 11/25/19 -6- 6001 Admiral Place I113 Property LP RENEWAL (TYPE II — Nti o year license) 1513 Humboldt Place ShoeMiller Properties LLC 5524 Knox Avenue N Michael Ude 7131 Kyle Avenue N Philip Littlefield - Missing CPTED, 8 -hr Crime Free Housing class 5913 Washburn Avenue N Robert Lindahl RENEWAL (TYPE I— three-year license) 1304 68th Lane N Crystal Ann Dopp 6125 Dupont Avenue N Prosperous Property 4201 Lakeside Avenue #214 Chester Dryke 6c. RESOLUTION NO. 2019-159 APPROVING HENNEPIN COUNTY HEALTHY TREE CANOPY GRANT AGREEMENT, AGREEMENT NO. PR00001505 6d. RESOLUTION NO. 2019-160 APPROVING HENNEPIN COUNTY WASTE DELIVERY AGREEMENT, AGREEMENT NO. A199898 6e. RESOLUTION NO. 2019-161 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2018-14,2018 BRIDGE REHABILITATION Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. MCCARTHY TH 252 PRESENTATION Mayor Elliott welcomed Tara and Brendan McCarthy and invited them to address the City Council. Tara McCarthy thanked the City Council for having their family come and give a presentation. She introduced her daughter Molly and her husband, Brendan. She added their family has lived in Brooklyn Center for almost 20 years, and they were joined by their neighbors Steve Cooper, Tom Corey, Bill Newman, and Theresa Barnes. Ms. McCarthy reviewed the current plan for the Highway 252 interchange reconstruction, with an 800 -foot southbound exit ramp and 1500 -foot northbound exit ramp. She stated studies have shown that interchanges that are close together are dangerous. She added she and her family and their neighbors have been requesting comparisons of the two proposals from MnDOT for five years. 11/25/19 -7- Mr. McCarthy stated the option that was not chosen has an exit that is more than 1 mile from the interchange. Ms. McCarthy stated the biggest concern is safety for travelers on 252 and safety for Brooklyn Center's residents. She added the intersection at 66 and 252 is one of the deadliest in the State of Minnesota, and the proposed plan could make it worse. She noted MnDOT projects a 30% increase in traffic, and the lack of stoplights will cause traffic speeds to increase. Mr. McCarthy showed a video of traffic stopped at the 66 and 252 intersections of traffic waiting to turn south onto 252. He added, under the proposed project, there will be no deceleration lane, which is very disruptive for traffic. Ms. McCarthy stated their son Jason was killed by an impaired driver on Highway 252. She added she and her family do not want other families to go through what they have endured, and still endure every single day. She noted traffic leaving TopGolf could be impaired drivers, which would enhance the danger. Mr. McCarthy asked why Brooklyn Center does not have the same safety standards as Brooklyn Park. Ms. McCarthy expressed concern regarding the environmental impact of the proposed construction. She added the National Park Service's Mississippi River Critical Corridor runs along this area, with scenic views, open spaces, and shorelines. She noted the Mississippi is a natural treasure and a vital component of the City of Brooklyn Center's Comprehensive Plan, and there will not be a buffer between the highway structures and the river habitat. Mr. McCarthy stated Metro Transit has indicated that they will eliminate express bus service and reduce non -express buses by 50%. He added he supports the other design, which would make it easier for buses to get to 66. Ms. McCarthy read several comments from residents supporting the McCarthy's cause, and in opposition to the project. Mr. McCarthy stated he feels the City is being treated by MnDOT as if its residents do not matter. He added many diverse, low-income neighborhoods have been torn apart in the past, but just this sort of project. He urged the City Councilmembers to stick up for the community. Mayor Elliott thanked the McCarthys for having the courage to address the City Council on this issue and for the time and research, they have put into their presentation. He added the City Council and City Staff would take these comments very seriously and take a step back and evaluate the plan. 11/25/19 -8- Mayor Elliott stated concerns about transit are relevant, as residents of Brooklyn Center will continue to need access to jobs and transportation. He added it is incumbent upon the City Council to understand the current plan. Councilmember Butler thanked the McCarthys for their presentation. She added they inspire other residents to come forward and bring their ideas and issues about which they feel strongly. She said these issues need to be addressed, including the loss of valuable property to erosion as well as public safety and danger to drivers using 252. She noted the City Council should be more aware of what is going on with the plan and monitor it closely. Councilmember Butler assured the McCarthys that the City Council would review all the details they have presented and consider their requests. Councilmember Ryan thanked the McCarthys for their presentation. He added the environmental review process is coming to a close, and the public comment period has started, which is why City Staff and the City Council felt that it was appropriate to give the McCarthy's the opportunity to present their presentation. He offered heartfelt condolences to the McCarthys for the loss of their son. He noted MTC would be providing their recommendations on February 21, 2020 Steve Cooper stated there is currently only one proposal that is under consideration by MnDOT, and it was chosen by the City of Brooklyn Center. He added if these issues are not addressed by the February 21, 2020 meeting, it will be impossible to make changes to the plans. He noted something must be done to slow down the process. Mr. Cooper stated the Environmental Impact Study, safety study, and transportation study were conducted at only one location. He added every other highway has a public transit component, which is very important for Brooklyn Center's residents. He noted Highway 242 already has very high levels of pollution, according to the Minnesota Pollution Control Agency. Gary Brown, 7012 Willow Lane, stated he is a former City Engineer for the City of Brooklyn Park. He added he was instrumental in the instruction and design of Highway 610. He noted he does not necessarily agree with all the assertions that have been made. Mr. Brown stated the Mississippi River at this location already has eight lanes of traffic crossing over it. He sometimes added you have to deal with what is already there and work with it. He noted moving the interchange to a different location would be a solution, but would still have an impact on neighborhoods. Bill Newman, West River Road, stated he is on the neighborhood task force. He added the freeway is being reconstructed to serve commuters to the north, and 50,000 cars every day are currently driving through this area. He noted an additional 30% is expected, or 90,000 more cars. 11/25/19 -9- Mr. Newman stated residents have not been able to review a stormwater runoff plan or any other environmental issues. He added the design of the interchange is fundamentally flawed, and an intersection does not belong there. Tim Willson 7007 Dallas Road, former Mayor of Brooklyn Center, stated he lives in the Riverview neighborhood. He added there is not enough land to do very much with this interchange. He noted federal funds that have been received would have to be returned to the federal government soon. Mr. Willson stated residents of Brooklyn Center do not have access to the Mississippi River, which should be a local amenity. The only people who can enjoy the River are those who live in houses along its banks. He added this is a shame for the residents of Brooklyn Center. He noted moving the proposed intersection north will only create problems for people in those neighborhoods, where are already issues with cars cutting through and high traffic speeds. Darrell Sannes, 7006 Willow Lane, stated all residents of Brooklyn Center have access to the Mississippi River. He added there are trails and a pier for fishing. He noted the trail goes right through the Riverwood neighborhood. He expressed concern that the proposed plan will increase traffic Mr. Cooper stated if Brooklyn Center is going to work with MnDOT on this interchange, then it should be done right and should be a well -thought-out plan that will last for many years. Mayor Elliott thanked the residents who came to speak this evening. Councilmember Lawrence -Anderson thanked the residents for coming, adding it is terrific to see a full audience. Mayor Elliott requested a 5 -minute break. The meeting was reconvened at 8:22 p.m. 8. PUBLIC HEARINGS 8a. PROPOSED UTILITY RATES FOR 2020 Mr. Boganey introduced Interim Finance Director Andrew Splinter. Mayor Elliott recognized Andrew Splinter for taking on the role of Finance Director after the departure of Nate Reinhardt. Mr. Splinter reviewed the proposed utility rates for 2020 and subsequent required public hearing. He added the goal is to maintain service levels while stabilizing rate changes from year to year as much as possible. The utility rates provide funds for operating needs, funding, and 11/25/19 -10- reconstruction. The 2020 utility rates include a one-time charge to recoup eliminated penalty revenue, passed recently by the City Council. Debt service requirements of approximately $7 million and operating revenue of $28.3 million leaves a deficit, indicating that further rate changes will be necessary. Mr. Splinter stated there were no rate changes for water and sanitary sewer in 2018, rate changes for 2020, and in 2019 there were increases of 6% in water, 3% sewer, and 2 % storm utility. In 2020, there the proposed increases are 7% in water, 5% in the sewer, and 3% in storm utility, with no changes in other utilities. The quarterly base charge for residents is $15.52, and an increase of $1.09 per quarter is proposed. Residential customers are charged on a tiered system. Mr. Splinter stated the recycling utility rate of $11.98 covers one bi-annual clean-up beginning in 2021. City Staff reviewed the possibility of having an annual clean-up, but the contractor was unable to accommodate it for 2019. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Ryan moved, and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved, and Councilmember Graves seconded to adopt RESOLUTION NO. 2019-162 Approving 2020 Recycling Rates and Charges. Motion passed unanimously. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2019-163 Approving 2020 Sewer and Utility Rates and Charges. Motion passed unanimously. Councilmember Graves moved, and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2019-164 Approving 2020 Storm Sewer Utility Rates and Charges. Motion passed unanimously. Councilmember Ryan moved, and Councilmember Butler seconded to adopt RESOLUTION NO. 2019-165 Approving 2020 Street Light Rates and Charges. Motion passed unanimously. 11/25/19 -11- Councilmember Graves moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2019-166 Approving 2020 Water Utility Rates and Charges. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2019-167 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-016 FOR PRELIMINARY AND FINAL PLAT AND DEDICATION OF CERTAIN RIGHT- OF-WAY (LOCATED IN VICINITY OF 55TH AVENUE NORTH AND BROOKLYN BOULEVARD) Community Development Director Meg Beekman reviewed an application for preliminary and final plat approval for Brooklyn Center EDA First Addition. The plat is comprised of 7 parcels acquired by the EDA for the realignment of the frontage road at this location. Ownership of the properties is split between the City of Brooklyn Center, the Economic Development Authority (EDA), and Robbinsdale School District. Ms. Beekman stated the purpose of the frontage road realignment, associated with Brooklyn Boulevard corridor reconstruction, is to reduce congestion and stacking of cars. The plat would result in the dedication of new City right of way which requires a public hearing. Ms. Beekman stated the Planning Commission held the public hearing on November 14, 2019. One resident attended the public hearing, who wanted to learn more about the project at that intersection. The Planning Commission recommended City Council approval of the plat and dedication of the right of way with conditions outlined in the Assistant City Engineer's memo dated October 31, 2019. City staff recommends approval of the Planning Commission's recommendation. Councilmember Ryan moved, and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2019-167 Regarding Recommended Disposition of Planning Commission Application No. 2019-016 for Preliminary and Final Plat and Dedication of Certain Right -Of - Way (Located in Vicinity Of 55th Avenue North and Brooklyn Boulevard) Motion passed unanimously. 9b. RESOLUTION NO. 2019-168 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-017 FOR PRELIMINARY AND FINAL PLAT (LOCATED AT 5801 XERXES AVENUE NORTH AND COMMONLY KNOWN AS THE FORMER JERRY'S FOODS SITE) Ms. Beekman reviewed an application from Real Estate Equities LLC (REE) requesting preliminary and final plat for the property at 5801 Xerxes Avenue N, also known as the former 11/25/19 -12- Jerry's Foods site, to divide the property into two parcels. The City Council recently approved construction of a senior living and workforce housing development at this location. As part of the proposal, the two buildings are now required to be on separate parcels, but the buildings and setbacks will not be changed. Ms. Beekman stated the application was reviewed by City Staff and the City Attorney to ensure that easements and legal descriptions are appropriate and that the PUD does not require amendment. Ms. Beelunan stated the public hearing was held at the Planning Commission's November 14, 2019 meeting. A resident wrote a letter to the City expressing concern regarding children being allowed in the senior portion of the development. An REE consultant was present at the meeting, and he addressed that concern. Ms. Beekman stated the Planning Commission recommended approval of the preliminary and final plat for the former Jerry's Foods site. Councilmember Lawrence -Anderson stated she is happy that something will be developed on this site after more than two decades of sitting empty. She added she is thrilled about the development and thinks it will be amazing. The REE representative in attendance at the meeting stated he and his colleagues are also very excited about the development, and ready to get started after the close date in a few weeks. He added the development would spur economic development and growth in the area, and it will be a great project. He thanked the City Council for their support. Mayor Elliott asked for an update on energy efficiency goals and renewable energy components of the project. The REE representative stated the buildings would be constructed to Minnesota Green Community standards, with Energy Star appliance as well as energy-efficient insulation and windows, He added a Metropolitan Council grant of $100,000 had been received for a stormwater drainage system to be designed and installed that will retain stormwater on the site. The REE representative stated they are also excited about the public art component of the project, which is being planned with help from the City's public art consultant. Details are still being worked out on this aspect of the project. Mayor Elliott stated a firm in Minneapolis called Juxtaposition could be contacted for input and feedback on the development. Councilmember Graves agreed, adding they are an excellent resource. The REE representative agreed to look into it. He added it would be great to work with some local Brooklyn Center artists. Councilmember Graves stated she would support an art component that could change over time; the way people who live there will change. She added maybe the residents could get involved in 11/25/19 -13- the planning and implementation. She noted this would be an excellent way to bring the two communities together. The REE representative stated they are considering using the name "Sonder," a word that means people from all different walks of life coming together. Councilmember Graves moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2019-168 Regarding Disposition of Planning Commission Application No. 2019-017 for Preliminary and Final Plat (Located at 5801 Xerxes Avenue North and Commonly Known as the Former Jerry's Foods Site). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 23 AND 35 OF THE CITY CODE OF ORDINANCES REGARDING ENTERTAINMENT LICENSING AND USES —1sT READING City Clerk Barb Suciu reviewed the proposed Ordinance amendment, which would change the public dance ordinance into an entertainment ordinance. The amendment would eliminate the dual license process, make the process more user-friendly, and curb negative behaviors. The City Council has been supportive of this concept. Ms. Suciu stated the City Council had expressed concern regarding a section referring to police calls. That section has been amended to read, "Licensee shall provide private security to prevent disorderly conduct or place undue burden upon police resources." Ms. Suciu stated City staff contacted local business owners to receive feedback and comments, and they were generally receptive to the changes. City Staff recommends City Council approval of the Ist reading of Chapters 23 and 35 of the City Code of Ordinances regarding entertainment licenses and schedule the 2nd public hearing for January 13, 2020. Councilmember Ryan asked whether the complaints will still be logged as police calls or complaints, allowing the City Council to hold a hearing, which could lead to termination of the entertainment license. City Attorney Troy Gilchrist stated it is a three-step process, and violation of either one of the general conditions or specific conditions will result in a notice sent to the business owner. He added there two subsequent notices would be allowed, each within six months of the other, after which a meeting would be scheduled. If there is another violation within six months, the matter will be referred to the City Council for deliberation and potential suspension. 11/25/19 -14- Mayor Elliott asked whether different types of businesses are treated differently. Police Chief Tim Gannon stated businesses are treated for the actions they have created and the calls that are generated. He stressed the fact that the vital factor is the types of calls that are being received. Mayor Elliott asked what type of police action is required when there is a police call at Walmart, and whether there is a mitigation plan in place. Chief Gannon stated there is an Officer on contract at Walmart, and they are a cooperative and willing partner with the City. Chief Elliott stated the reason for this ordinance amendment is to separate business functions between restaurant and entertainment, to make the process easier and allow businesses to continue doing food service and liquor service. This process provides a clear direction about how to be successful in Brooklyn Center. Mr. Gilchrist requested the following language amendment in Section 23-308: -replace "in the year in which it was issued" with "in the year for which it was issued." Councilmember Graves moved, and Councilmember Lawrence -Anderson seconded to adopt ORDINANCE NO. 2019-14 Amending Chapter 23 and 35 of the City Code of Ordinances Regarding Entertainment Licensing and Uses — 1St Reading. Motion passed unanimously. 10b. LICENSE APPROVALS Councilmember Graves stated the City Council agreed to request that City Staff bring a resolution to the City Council's first meeting in January 2020 that would terminate the sale of tobacco at the City's municipal liquor stores. She added the licenses would be nullified once the Resolution is passed. Councilmember, Ryan agreed. Mayor Elliott stated he understood the license applications would be removed from the Consent Agenda. He asked why the licenses should be approved for the next year. Mr. Boganey stated the City Council could decide not to approve the licenses or approve them for 2020 and adopt a resolution in January 2020 to eliminate the sale of tobacco at the City's municipal liquor stores. He added approval of the licenses would allow the liquor stores to sell their current stock before January 1, 2020. Councilmember Graves moved, and Councilmember Lawrence -Anderson seconded to approve all 2020 Licenses under Consent Agenda Item 6b. Licenses with the following exceptions: Brooklyn Center Municipal #1 5625 Xerxes Avenue N, Brooklyn Center Brooklyn Center Municipal #2 6930 Brooklyn Blvd, Brooklyn Center Motion passed unanimously. 11/25/19 -15- 11. COUNCIL REPORT The City Council agreed to forego Council Reports in the interest of time. 12. ADJOURNMENT Councilmember Graves moved, and Councilmember Butler seconded adjournment of the City Council meeting at 9:21 p.m. Motion passed unanimously. 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 November 25, 2019. 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 December 9, 2019, Regular Session. Barbara Suciu, City Cleric 11/25/19 -16-