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HomeMy WebLinkAbout2020 09-14 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 SEPTEMBER 14, 2020 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 Milce Elliott at 6:45 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Milce Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Community Development Director Meg Beekman, Poli Dce Chief Tim Gannon, City Cleric Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Mayor Elliott closed the Informal Open Forum. Motion passed unanimously. 2. INVOCATION Councilmember Lawrence -Anderson read the following quote as the Invocation: The longer I live, the more I realize the impact of attitude on life. Attitude, to me, is more important than facts. It is more important than the past, than education, than money, than circumstances, than failures, than successes, than what others think or say or do. It is more important than appearance, giftedness or skill. It will make or break a company... a church... a home. The remarkable thing is we have a choice everyday regarding the attitude we will embrace for that day. We cannot change our past... we cannot change the fact that people will act in a certain way. We cannot change the inevitable. 09/14/20 -1- The only thing we can do is play on the one string we have, and that is our attI tude.. . I am convinced that life is 10% what happens to me and 90% how I react to it. And so it is with you.. . we are in charge of our attitudes. -Charles Swindoll 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, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Community Development Director Meg Beekman, Police Chief Tim Gannon, Ci Dty Cleric Barb Suciu, and City Attorney Troy Gilchrist, 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lawrence -Anderson moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES l . August 14, 2020 —Canvass Primary Election Results 2. August 17, 2020 — Work Session 3. August 24, 2020 — Study Session 4. August 24, 2020 — Regular Session 5. August 24, 2020 — Work Session 6b. LICENSES MECHANICAL Architect Mechanical Inc Pronto Heating &Air Conditioning RENTAL 2917 Anthony Ln N St Anthony, MN 55418 7415 Cahill Rd Edina, MN 55439 INITIAL (TYPE II —two yeas° lzcense) 09/14/20 -2- 2613 65th Ave N Nicholas Pelle II 6231 Chowen Ave N Cameron Hedlund II RENEWAL (TYPE IV — one yeas° license) 3813 61 st Ave N Dhaneshwarie Himraj 5432 Dupont Ave N Xingming Guan - met mitigation plan RENEWAL (TYPE III —one yeas° license) 3807 61st Ave N IH3 Property Illinois LP - met requirements 1500 72nd Ave N Mai T Le 6221 Bryant Ave N Mark Edward Johnson - met requirements 7018 France Ave N Brummer Realty LLC - met requirements 6307 Scott Ave N Kin Chew RENEWAL (TYPE II — t�a�o year° license) 2001 54th Ave N Ying Que 1706 Amy La 6800 Dupont Ave N 5808 Fremont Ave N 7085 Unity Ave N 7217 Unity Ave N 6637 Xerxes PI N 5931 Zenith Ave N Sesan Ogunniran / EE & J Investment Yanhua Sun / Swendia LLC Ghulam Pyarali Douglas Finch IH3 Property Illinois LP RENEWAL (TYPE I —three year license) 2824 67th Ln N Molly Collins Stuhr - met requirements 1605 68th Ln N Pervej Shazzaf Ul Alam 5352 72nd Cir 5518 Irving Ave N 4201 Lakeside Ave N #212 4207 Lakeside Ave N #236 4207 Lakeside Ave N #339 5312 Queen Ave N 5400 Sailor LA Denise Michaelides Andrey Ryvlin Adegbola Ogundipe /Goodness and Mercy - did not meet requirements Tsongna Yang Judith C Spanberger Judith C Spanberger - met requirements Madeline & Nathan Greiner Renee Anoje Infinite Property / Xian Qiang Lin 6c. RESOLUTION NO. 2020-70 REJECTING THE INSTALLATION OF THE PROPOSED NOISE WALLS ALONG BROOKLYN BOULEVARD BETWEEN BASS LAKE ROAD AND INTERSTATE 94 AS PART OF THE 09/14/20 -3- BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO.2021-05 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. POLICE COLLECTED RACIAL STOP DATA Police Chief Tim Gannon gave a presentation on police stops in Brooklyn Center, as part of an overall strategy to support transparency and reporting to the community. He stated the data collection started in June 2019 and is still in the process of being collected. He added race data for 2,144 stops was collected, based on the officers' perception of race so the total stop time would not be extended by requesting additional information. Chief Gannon stated a stop is defined as a proactive police/citizen encounter that is initiated by an officer. He added no 911 call data was included in the report. He noted data was included on searches, which are done upon instance of arrest, and are more extensive than fiisks, which is a search for weapons or evidence. He reviewed data related to stops by percentages of race, with three outcomes; frisk, search or none. Mayor Elliott requested clarification regarding overall percentages of search and frisk by race. Chief Gannon stated, of all the people that were frisked, 72% were African American or 52 people; and 15% were white or 11 people. Chief Gannon stated a frisk is pat down of outer clothing and requires reasonable suspicion of a weapon. He added search is more intrusive and requires probable cause and usually a warrant, although there are exceptions. Mayor Elliott asked whether a search would include the vehicle. Chief Gannon stated a search includes the person, their vehicle and the immediate area. Mr. Boganey stated it is important to recognize numbers as well as percentages. He added sometimes percentages are not as meaningful as actual nominal numbers. Chief Gannon agreed it is important to have actual numbers. Mayor Elliott stated he vehemently disagrees with Mr. Boganey's comments. He added being at7ested is always a traumatic experience, and each time a person comes in contact with Brooklyn Center police is important. He noted the numbers are not nominal, and each incident is incredibly important, and one is one too many. Chief Gannon stated the victim of crimes and lives saved by removing DUI drivers from the roads are also incredibly important. Mr. Boganey clarified that his use of the word "nominal" was not meant to minimize the importance of the number of police interactions. He added it simply means it is a number. He noted the point he was trying to make is that percentages can be misleading when taken out of context. 09/14/20 -4- Mayor Elliott stated Mr. Boganey's characterization minimized the information presented. Chief Gannon reviewed race related to stop disposition and percentages regarding now the stops were resolved: arrests, citations, and releases. Mayor Elliott asked whether numbers are available to correlate with percentages. He added numbers would be helpful. Chief Gannon stated he does not have the numbers, but he can get that data. Mayor Elliott requested clarification regarding the "other" category, as that is a significant percentage. Chief Gannon stated "other", or "no enforcement action", refers to people who were warned or released at the scene but not given a citation or arrested. Mayor Elliott requested that the "other" category be updated to include numbers as well as a percentage. Councilmember Graves requested clarification regarding "NON-SI CFS" related Brooklyn Center arrests by race. Chief Gannon stated that refers to "Non-SelMmtiated Calls for Service", such as a 911 call from a store. Chief Gannon stated the first step is to collect data before drawing conclusions, for analysis and to continue to report back to the City Council. Councilmember Graves expressed her appreciation to Chief Gannon for his presentation and the hard work that went into putting it together, and she is excited to see the progress. She added it would be helpful to determine expectations based on population and demographics. She noted she is curious about what constitutes justifiable probable cause, how it really works, and what is the burden of proof. Chief Gannon stated that issue is a different discussion, and he can prepare a presentation on the issue of reasonable suspicion and articulate suspicion. Councilmember Graves stated she would like to see a review of explicit bias in law enforcement, as well as charges for arrests broken down by demographic groups. She added she would like additional information about quantifying and calculating the specific detainment time frame. She noted she would like to discuss a breakdown of age groups, to determine where additional attention or resources might need to be directed. She noted she would like information on how many of the people who were stopped were Brooklyn Center residents, and how many came from outside the City. Councilmember Graves stated the time that someone is detained can have an effect on relationship and trust. 09/14/20 -5- Chief Gannon agreed that it is a good point to make, to determine how long traffic stops take. He added, for clarification purposes, the data provided is related to proactive activity, rather than reactive stops. Councilmember Lawrence -Anderson stated she appreciates Chief Gannon's report, which is a good starting point. She requested that the graph with percentages should include a number of stops and a breakdown of where people are coming from. She added an age group breakdown within the adult age group would be interesting, and the City will benefit from all the information that the Police Department can provide. She noted this is all good information to have for transparency purposes. Councilmember Ryan asked whether Brooklyn Center's police officers are trained on standards of reasonable suspicion and probable cause. He also asked whether the officers are cognizant of making stops that are appropriate under those standards. Chief Gannon confirmed this. Councilmember Ryan stated he appreciates the comments and questions of his colleagues and looks forward to receiving further information. He added he would like to find out more about how courts define Terry Stops, which is a complex issue. He noted it will be helpful to have information that the Councilmembers can bring to the public to explain difficulties that the Police Department and community face regarding court decisions related to Terry Stops. Councilmember Butler stated she had questions similar to the other Councilmembers, and they have been answered. She added she appreciates Chief Gannon's report. She asked whether there is a timeline for providing data. Chief Gannon stated a timeline has not been developed, but benchmarks can be reviewed, and a timeline will be developed with input from residents and City Staff, Chief Gannon stressed the importance of evaluating data so it can be corrected. He stated, as an example, a department may use stop data showing that all people of color were given disproportionately higher levels of enforcement, which is viewed as racially biased. He added another department may use data showing all people of color were given low level warnings, which is viewed as valid. He noted data should be evaluated to ensure it is being used correctly. Councilmember Butler agreed, adding that during the presentation she wondered whether the cor7ect data is being collected. She added she personally has always had good interactions with Brooklyn Center Police. She noted the community involvement is a very important aspect of this issue moving forward. Councilmember Lawrence -Anderson stated she would be interested in finding out about the arrests and what they were for, and what was the outcome of each stop. Chief Gannon stated some situations may be warrant arrests that are not related to a new violation. He agreed it would be a good idea to collect that type of data, so outcomes are more clearly defined. Councilmember Ryan stated the City Council and Police Department agree that when any resident of Brooklyn Center or other citizen is travelling through the City, they should be treated by the Brooklyn Center Police in the manner in which we would want to be treated under those 09/14/20 -6- circumstances. He stressed the importance of reasonable standards as a general reference, and probable cause. He added he believes the Police Department has always operated in this manner, during all his years of service. He noted, as long as the Police Department operates in a lawful manner, respectful of all the people they interact with, he will always support them. Councilmember Graves asked what the City Council can do to support the Police Department's determination that Hennepin County should take over county -wide data collection. Chief Gannon stated he and the Brooklyn Park Police Chief have communicated this proposed strategy to the Hennepin County Sheriff. He added it could be done easily and successfully at the County level, as all data filters through Hennepin County Dispatch and they have the technology to capture the information. He noted he would advocate strongly that the City Council communicate directly with the Hennepin County Sheriff and urge him to consider this proposal. Mayor Elliott stated, if the City Council is amenable, City Staff can be instructed to prepare a Resolution in support of having Hennepin County move in the direction of taking over police stops data collection. The City Council agreed. Mayor Elliott thanked Chief Gannon for his report, stating this data is very impartant. He added it is clear that there is significant racial inequality in who gets stopped by the Brooklyn Center Police Department. He noted this data confirms that that the Police Department and the City of Brooklyn Center are not immune from systemic racial inequalities that have been seen across Minnesota and the country. Mayor Elliott stated this is an issue that must be confionted and addressed. He added the City Council has requested additional information and will look forward to reviewing that information. He asked who compiled the data, and what is the source of the data. Chief Gannon stated the data is collected by the officers and recorded when they close out a stop. He added the data is gathered by a crime analyst and put together into a template. He added there is no external mechanism for collecting and analyzing the data. Chief Gannon stated he would like to point out that racial disparities do not equal biased policing. He read a quote from Police Chief John Timoney, who was well -respected in law enforcement: "The reality is that race is a factor in policing. Every police executive needs to consider and address issues of racially biased policing and the perception of its practice. All agencies can make progress on this issue, and the data will never prove or disprove racially biased policing. Data collection and analysis should never be viewed either by police or resident stakeholders as a pass/fail. Instead, it should be used as a diagnostic tool to help the agency, in concert with concerned residents, set priorities for addressing the problem or perception of racial profiling. The collection and analysis of vehicle stop data can pinpoint geographical sub -areas of a jurisdiction or particular policing procedure that warrants further study." Chief Gannon stated he is committed to this work and intends to see it forward. 09/14/20 -7- Mayor Elliott stated Chief Gannon is suggesting that racial disparities in policing do not mean that there are inequalities in policing, and that the data does not show that there is a problem with policing and race in Brooklyn Center or elsewhere. He added, if that is true, he would like to caution Chief Gannon and everyone not to run away from this data and not to undermine the data but to look at it for what it is and recognize that there is a systemic problem. He noted, if it is not acknowledged that there is a systemic problem, the necessary changes will not be made, and there will be no success in addressing these problems. Mayor Elliott stated what he heard in Chief Gannon's statements is an attempt to undei7nine the data. He added, if that was not his intent, he will accept that. But he wanted Chief Gannon and all of us to know that this is an important time and it is necessary to face realities and do the hard work, to make progress in policing and public safety in ways that will show significant improvement and change. Chief Gannon stated this is the second time the Mayor has taken staff comments out of context. e added what he said was that racial disparities do not necessarily mean racial bi Has. He noted there are a number of factors that must be evaluated. Chief Gannon stated, when he started this work, it was not his intention to prove or disprove anything but rather to collect the data and get it into the hands of people who can analyze it and move forward. He added he has committed 26 years of his life to public safety in the City of Brooklyn Center. He noted the safety of the community is his commitment to the City of Brooklyn Center, its citizens and the staff that works for him. He noted his goal is to get the information out there so everyone can have it, process it, and look at it objectively. Mayor Elliott stated he would like to coi7ect Chief Gannon. He added it is inappropriate to characterize his concerns about comments made tonight as taking staff comments out of context. He noted that is not accurate, and his comments reflect an understanding of the statements that have been made. Mayor Elliott stated, in the event that he has misinterpreted Chief Gannon's comments, he can accept that. He added, however, he would like to be very clear that this data is important, and we need to accept the gravity of it and not run away from it. Councilmember Graves stated she understands that Chief Gannon's comments may have come off the wrong way, and she also understands the Mayor's feelings about the comments. She added there are social forces outside of policing that must be addressed, and additional data will help inform the City Council. She referred to Chief Gannon's comments about specific neighborhoods with high policing. She noted this is really a starting point, and no conclusions can be drawn at this point. Councilmember Graves stated she was happy to see that the level of citations is consistent across demographic groups in terms of stops. She added she looks forward to getting more information about detainment and what arrests were for. She reiterated that it is a bit early to make wergeneralized statements until more data is collected. She noted this is an important start and she is grateful to everyone for engaging in this conversation. 09/14/20 -8- Councilmember Graves moved and Councilmember Ryan seconded to receive Police Chief Tim Gannon's Racial Stop Data Report. Motion passed unanimously. Mr. Boganey stated he concurs with the comments of Councilmember Graves as it is far too early to draw conclusions from the limited data that has been provided this evening. He added questions that were raised and requests for additional information confirm that the data provided so far is limited and it would be unreasonable to draw conclusions. He noted he has taken more than his share of classes related to quantitative methods and statistics and reaching conclusions that are an inference from limited viewpoints is an unsophisticated way of responding to data. He expressed his belief that the points made by Chief Gannon and raised by others are valid. He noted it is premature to draw wide sweeping conclusions without understanding numerous other factors that affect the data. Mayor Elliott stated he disagrees with all of that. He added African Americans are stopped in disproportionately higher numbers than other folks. He added this is not new, and we see it all over the country, and all over the State, and the data speaks for itself. He noted it is not too early to interpret the data and we should not run away from what we are seeing tonight, and there are early conclusions that can be drawn from the data that has been presented. 7b. HOUSING POLICY STUDY PRESENTATION Community Development Director Meg Beekman reviewed the Housing Policy Study. She welcomed Dr. Brittany Lewis, University of Minnesota, as well as Research & Action, who are acting as consultants on this initiative. She added the issue of housing has been a subject of discussion for a few years, as the Twin Cities area is experiencing low vacancy rates that mirror national trends, driven by a high demand for and low supply of housing, created by a variety of factors. She noted 37% of Brooklyn Center's housing stock is rental, and nearly all of it is homogenous, naturally occurring affordable housing at 50-60% of the Area Median Income (AMI). Ms. Beekman stated the 2040 Comprehensive Plan includes housing and neighborhood goals that are proposed to be implemented in the Housing Policy. She added this study will explore opportunities to improve policies to make them more responsive to Brooklyn Center residents; maintain existing housing stock in single family neighborhoods through incentive programs and proper ordinances; explore and enforce opportunities to incorporate affordable housing into redevelopment areas; and promote safe, secure, economically diverse neighborhoods. Ms. Beekman stated the Housing Study will address two important issues: housing choice - composition and condition of our current housing stock; and affordable housing policies —what can the City do to improve accessibility of quality, affordable housing for residents. The purpose A the Housing Study is to develop a plan that addresses policies and practices of the City. Consultants were engaged to discuss the project, and proposals were submitted by RIA and CURA, consulting organizations that bring extensive experience in reviewing these issues and ensuring successful outcomes. 09/14/20 -9- Dr. Brittany Lewis, Founder and CEO of Research in Action and Senior Research Associate at the Humphrey Institute's Center for Urban and Regional Affairs, reviewed the proposed action model For the Housing Study. She added the action research model is best developed in partnership with the community to build their power and assist them in reclaiming their narrative. She noted she published a study on gentrification a few years ago and did a quantitative analysis of housing trends across cities using research indexes. She stressed the importance of meeting with residents to ensure that they feel confident in sharing their perspectives, to learn what drives them to live in Brooklyn Center and also what makes it harder for them to stay. Ms. Lewis stated community members are invited to help advise and engage in the policy recommendations, and they will often talk openly and honestly about equitable change and representation. She added this ensures that policy recommendations address systemic inequities that have been seen in our region and across the nation. She implored the City Council to listen to what the community is sharing with them. Ms. Beekman stated the Housing Study is intended to inform the Master Plan as much as possible, and to move forward and identify policies that will address questions and issues through the engagement process for the Opportunity Site. She added the reality is that rent increases and tenant protection issues are occurring today irrespective of the Opportunity Site development, and the Housing Study will take a City-wide view of housing policy and analysis as well as issues related to the Opportunity Site,, Ms. Beekman stated quantitative analysis will be done this winter with work continuing into next year and a final report completed in fall 2021. She added an advisory council will be appointed to help oversee and steer this work. She noted the project budget of $150,000 over two years will be funded through TIF Housing Fund, including $40,00 budgeted in 2020. Mayor Elliott thanked City Staff for the presentation. He added he is familiar with Dr. Lewis' work, she is well -regarded, and the City is fortunate that she will be a part of this important pi ect. He noted he looks forward to working with her and her team to do innovative, transfoimative, deeply community -based engagement. Mayor Elliott stated the City of Brooklyn Center has a large immigrant population as well as black population and people of color, as well as portions of the City that Councilmember Ryan refers to as "legacy" communities. He added he has connections within the Hmong community, and all the communities. Councilmember Ryan stated the City Council wants to see a deep dive into all the potential impacts for this policy going forward. He added the difficulty, as he perceives it, are the perceptions that are entertained by our different communities, and he hopes that the study will be fully cognizant of the different perceptions of this issue and this particular set of problems. He noted the City Council works to bring differences together in a sense of community and unified understanding, and he hopes this study will be undertaken in that same spirit. 09/14/20 -10- Councilmember Graves stated she is familiar with Dr. Lewis' work, and she is excited to have her and the rest of her team to help the City with its housing policy and housing goals, She added she believes City Staff have made a great choice. Mayor Elliott stated he agrees it is a great choice. He added, to Councilmember Ryan, he agrees that different folks have different perceptions, as they have had different lived experiences that are incredibly important in bringing out this work. He noted he agrees that it is important to bring everyone together around a common vision moving forward. He noted Councilmember Ryan's comments were well said. Dr. Lewis stated she is excited to work with the City Council, to utilize their connections to learn about the community they serve and help them make strategically informed decisions about how to support the community. She added there is an intricate balance between investment and ensuring that low wealth and middle -income residents can stay in the City if they want to. She noted she appreciates the proactive nature of the study and community engagement, balancing the need for bringing in more taxes but also supporting the residents who already lift that burden, Mayor Elliott stated a fundamental question is how to have affordability but still experience tremendous economic growth. He added there is an equivalency that higher cost housing is required to have a more thriving economy. He thanked Dr. Lewis and City Staff for their presentations. 8. PUBLIC HEARINGS 8a. ORDINANCE N0.2020-XX AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CERTIFICATION OF CERTAIN LANDS LOCATED ALONG BROOKLYN BOULEVARD City Planner Ginny McIntosh reviewed the proposed Ordinance amendment to Chapter 35 of the Zoning Ordinance for rezoning of EDA-owned property on Brooklyn Boulevard for development by C-Alan Homes. The developer is seeking to construct 3-bedroom triplex units on Brooklyn Boulevard with anticipated rent between $t,850-2,200 per month, which would be affordable at 70-80% AMI. The developer has committed to providing 20% of the units as affordable units for Section 8 voucher holders. The proposed buildings would have the look and feel of high -quality single-family homes. Ms. McIntosh stated the preliminary development agreement was approved by the City Council on June 22, 2020, which gave C-Alan homes exclusive rights to work through land use approvals. That agreement will expire on December 31, 2020. The City Council approved the applications on August 24, 2020. This is the second reading and public hearing to rezone both sites to PUD/Neighborhood Mixed Use. Ms. McIntosh stated public hearing notice was published in the Sun Post on September 3, 2020. The City Attorney recommends that both sets of property can be handled as one public hearing and one action. 09/14/20 -t 1- Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to open the Public Hearing. Motion passed unanimously. There were no comments. CouncilIII ember Graves moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Mayor Elliott moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2020-XX Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Lands Located along Brooklyn Boulevard. Motion passed unanimously. Councilmember Graves moved and Mayor Elliott seconded to adopt RESOLUTION NO. 2020- XX approving summary publication in the Sun Post. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2020-007, SUBMITTED BY WAYNE BROWN OF W K BROWN, LCC FOR SITE AND BUILDING PLAN AND PLANNED UNIT DEVELOPMENT AMENDMENT APPROVALS FOR THE SUBJECT PROPERTY LOCATED AT 2590 FREEWAY BOULEVARD AND KNOWN COMMONLY AS JAMMIN WINGS RESTAURANT Ms. McIntosh reviewed a request for site and building plan approval and amendment to the existing PUD for property currently known as Jammin Wings. The request would allow for the expansion of the existing restaurant space into a new 14,000 square foot restaurant and event center with related improvements. Ms. McIntosh reviewed the history of this application. The subject property's site and building plan was originally approved in 1996, to rezone 13 acres from I-1 to PUD I-1. The plan called for development of a TGI Fridays restaurant on the current Jammin Wings site, an existing Country Inn and Suites hotel and another restaurant that was never constructed. This evening's request is to construct two additional levels on top of Jammin Wings to create Palm Grove Entertainment Center with a newly rebranded restaurant, Johnny's Italian Steals House, to take the place of Jammin Wings. The building would also include event spaces, a wedding chapel, rooftop terrace, and year-round greenhouse. 09/14/20 -12- Ms. McIntosh stated, with regard to parking, the original PUD required a minimum of 381 parking stalls across the 3 lots, and originally submitted site plan called for 493 spaces, which was well above the minimum requirement. S. McIntosh stated the applicant provided seating plan for event space but did not provide information on staffing numbers. The applicant later indicated that the event center would have approximately 20 staff. Based on minimum parking needs, 285 parking spaces are required if maximum capacity for seating is reached. That number, however, does not include event staff. Current parking of 198 spaces would not be sufficient, although it is unlikely the entire facility will be entirely booked out, and guests may stay at the adjacent hotel, with which there is a joint parking easement. Based on the parking easement, the facility would be able to provide no more than 237 parking spaces. Ms. McIntosh stated City Staff have indicated to the applicant that they must be cognizant of noise and light generated by the entertainment use, specifically the rooftop terrace, due to its proximity to upper floors of the hotel. Sounds generated by the building must not be audible outside the premises after 10:00 p.m. as Ordinance entertainment license requirements apply. Ms. McIntosh stated the applicant would need to work with the hotel to determine if the existing trash enclosure and garbage and recycling pick-ups will be sufficient, given the expansion of their operation. Trash enclosures must be screened from adjacent public right of way and properties by solid wall or fence. In addition, the top of the trash enclosure may need to be enclosed due to visibility from the rooftop terrace. Ms. McIntosh stated no landscape plan has been submitted. The applicant will need to review the original landscape plan and provide an updated proposal for replacing any missing plantings. A review of the subject property was conducted by City Staff and the Police Department, and the applicant will be required to address overgrown weeds on the property. Ms. McIntosh stated the applicant wants to install a 200 square foot dynamic messaging sign facing Highway I-94. City Staff have requested that a certain percentage of signage must be reserved for public messaging. All other signage must comply with the Sign Ordinance. Ms. McIntosh stated the applicant will be required to comply with the requirements in the Assistant City Engineer's July 31, 2020 memo. The Fire Inspector noted that a structural assessment will be required to determine whether the structure can support additional floors. In addition, the proposed building must comply with the Minnesota accessibility code and City fire code. It was noted that ADA parking was removed and never replaced. Ms. McIntosh stated notice of the public hearing was published in the Sun Post on July 30, 2020 and notifications sent out to nearby property owners. No public comments were received, but an email was received from the Regional General Manager of Country Inn & Suites outlining ongoing problems with loud music, noise and activity in the parking lot from patrons of Jammin Wings. The email referred to the night club nature of the restaurant, which has been disastrous for their business and caused safety issues for their guests. A list of guest complaints was attached to the 09/14/20 -13- email. One resident at the Planning Commission meeting confirmed the hotel's viewpoint and felt that Jammin Wings is a good concept, but it has been bad for the neighboring hotel business. Ms. McIntosh stated the Planning Commission engaged in a lengthy discussion with the applicant and asked him to address the allegations in the hotel email regarding the night club environment. Wayne Brown, owner of Jammin Wings, told the Planning Commission that there is no intention of having a night club, and the new use will solve all the current problems, as they do not wish to jeopardize their investment. Ms. McIntosh stated the Planning Commission asked the applicant about music and noise concenis from the rooftop terrace disturbing hotel guests and whether D.J. nights would continue; concerns about safety and noise in the parking lot; how the relationship with the hotel can be improved; and whether there will be negative impacts to Earle Brown Heritage Center and the Opportunity Site, The Planning Commission recommended City Council approval on a 5-2 vote. Ms. McIntosh stated City Staff and the Police Department followed up with a safety and security assessment of the property, details of which are included in the staff report and have been added to the Resolution. Ms. McIntosh stated City Staff and the Planning Commission recommend City Council adoption of a Resolution to approve Planning Commission Application 2020-007 for the subject property at Freeway Boulevard with Conditions of Approval. Mayor Elliott asked whether the Planning Commission considered the nature of items contained in the safety and security assessment memo. Ms. McIntosh stated the memo was not reviewed by the Planning Commission. Mayor Elliott asked whether the Planning Commission considered or discussed the spirit of the items contained in the memo, whether they made any substantive comments or provided formal Erection, that the police should get involved. Ms. McIntosh stated the memo was prepared because the Planning Commission noted that they wanted to receive direction from the Police Department regarding the concerns expressed by the hotel, specifically noise, the night club environment, and safety concerns in the parking lot. She added the memo includes recommendations for security cameras, requirements for lighting, and other issues. Mayor Elliott asked whether there was consensus from the Planning Commission on those issues. Ms. McIntosh confirmed that there appeared to be consensus. Mayor Elliott stated he has visited Jammin Wings and learned about the proposed upscale design, controlled entrances and Mr. Brown's vision for the development. He added the proposed events center will cater to elegant weddings and events and will be a great addition to the City, and a much -needed venue. He noted the proposed changes mean that the events center will cater to a Efferent type of clientele and will address concerns that have been raised. 09/14/20 -14- Mayor Elliott stated this proposal is a testament to the idea that Brooklyn Center's future development is bright and will be geared toward serving the community. He added he sees local patrons at Jammin Wings from every culture and background, and he is excited about this new concept that will serve all members of the community. He noted Mr. Brown's story is very inspiring, as he is an entrepreneur who came up from nothing and worked to build his dream, and now wants to take steps to continue to reinvest in the community. He expressed his support for the proposal. Wayne Brown, the applicant, stated he is excited about this project, as he and his team want to get something exciting built in Brooklyn Center, and invest in the City. He added he has gone through a lot with the City, and he is excited to employ a lot of local restaurants and bring the community together. He noted Johnny's is a 5-star restaurant that will be a good addition to Brooklyn Center, and he is excited about the proposed greenhouse which will be a beautiful year-round wedding chapel. Mr. Brown stated the third floor will be set up as an upscale, stand-alone bar that will not be in competition with Johnny's Steak House. He added he met with the police officer and got a lot of ideas from her that they are planning to implement, some of which have been discussed before. He noted a bridge, flower garden and fountain are planned for the area near the parking lot, for people to take photographs after their weddings. Mr. Brown stated he intends to put a fence around the outdoor spaces to ensure that homeless people cannot get in there and people do not continue to dump things. He added this is Brooklyn Center, and very close to North Minneapolis, and he plans to spend a lot of money on security cameras to make sure people do not abuse the beautiful areas he is trying to put in. Mayor Elliott asked whether Mr. Brown has seen the Police Department memo. Mr. Brown stated he has talked with the police officer, but he has not seen the memo. He added he is in agreement with everything she is recommending. Councilmember Lawrence -Anderson stated Mr. Brown has been before the City Council on more than one occasion, regarding concerns about delinquent applications for liquor licenses and police calls for service. She added she is concerned that things will not change and that they will, in fact, get worse. She noted, if the bar is open until 2:00 a.m., there will still be people out in the parking lot in the middle of the night, especially after weddings. Councilmember Lawrence -Anderson stated she believes the concept is wonderful, but she is concerned that things will not change. Mr. Brown stated he will be putting a lot of money into this site, and doing a lot of weddings, and the intent is to upgrade the clientele. He added weddings are long events and people get tired and leave. He noted he intends to have signage in the parking lot that would prohibit loitering. He expressed his belief that things will not go back to the way they were. Councilmember Lawrence -Anderson stated she read the recommendations regarding security upgrades. She asked Mr. Brown whether he intends to hire additional security staff. 09/14/20 -15- Mr. Brown stated he plans to reduce onsite security personnel, because it will be an upscale restaurant and event venue. He added people who cannot afford to eat at the restaurant will not stay there as it will not be the type of restaurant for them. He noted the facility will attract a different set of patrons, as Johnny's is comparable to the restaurants in Maple Grove, and the intent is to give Brooklyn Center residents a nice restaurant in their own community. Mr. Brown stated people will come fi•om all over to eat at a quality restaurant with quality food, and this will be the first Johnny's in Minnesota. He added, at Earle Brown, there are no people loitering in the parking lot after the wedding is over. He noted he intends to host many events with the African community, and a "grand market" event is planned to bring the community together to support charity and take donations. Mr. Brown expressed his belief that people will see each other, talk to each other, and come together to solve problems better. Councilmember Lawrence -Anderson asked whether there will be a DJ scenario within the events center. Mr. Brown stated there will be DJs and band, but they will be hired by the wedding planners to perform at wedding receptions. Councilmember Lawrence -Anderson asked whether the night club environment of the past, even though that was not legally allowed, that will not be happening. Mr. Brown stated he is not planning on doing that, and he plans on putting a lot of money into the events center. Mayor Elliott stated Mr. Brown wants to make a significant investment and wants to see it thrive. He added even Top Golf has night-time music and entertainment. He noted Mr. Brown intends to make significant improvements that will make this a better business for Brooklyn Center. Mr. Boganey stated he spoke with Mr. Brown many years ago about this type of business as being a successful venture, that would be visible from the highway and would draw people to the business. He added he is intrigued by this concept and the goal Mr. Brown is pursuing. He asked whether Mr. Brown's plans have been affected by the pandemic, and what his response is to that issue. Mayor Elliott stated the pandemic is an aside to this application. He added the City Council must make a decision on the merits of the plan. He noted this is a business and financial matter. Mr. Brown stated this concept was being planned way before the pandemic. He added he does not think anyone expects the pandemic to continue for another year, or the country will be in trouble. He added approval tonight will move the process forward. He noted he is not too worried about the pandemic. Mayor Elliott moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020- 71 approving Planning Commission Application No. 2020-007, Submitted By Wayne Brown Of W K Brown, LLC For Site and Building Plan and Planned Unit Development Amendment Approvals for the Subject Property Located at 2590 Freeway Boulevard and Known Commonly as Jammin Wings Restaurant, based on the findings of fact and submitted documentation, as amended by the conditions of approval in the Resolution. 09/14/20 -16- Discussion during motion: Councilmember Graves asked whether the management of the new business will be a partnership. Mr. Brown confirmed this, adding he owns the building, but he is buying into a Johnny's fianchise agreement. He added the Palm Grove concept is something he and his wife and business partner, Sarah, and their other partners, came up with. He noted they believe this will be a good concept. Councilmember Lawrence -Anderson stated she will take a leap of faith and support Mr. Brown's proposal. She added she hopes the business will be successful and that the restaurant will be a good addition to Brooklyn Center. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS Mayor Elliott stated it is almost 10:00 p.m. and the City Council's agendas are too packed and should be managed better. He added a vote is required to continue the meeting past 10:00 p.m. He noted there is still an EDA meeting and Work Session, and people are waiting for the Work Session Agenda Item related to Highway 252. 11. COUNCIL REPORT None. 12. ADJOURNMENT Councilmember Graves moved and Mayor Elliott seconded adjouirunent of the City Council meeting at 9946 p.m. Motion passed unanimously. 09/14/20 -17- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Cleric of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of the City Council from the City of Brooklyn Center City Council held on September 14, 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 September 28, 2020, Regular Session. MwAt� City Cleric Mayor 09/14/20 -18-