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HomeMy WebLinkAbout2020 10-12 CCM Regular Session10/12/20 -1- MINUTES 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 OCTOBER 12, 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 Mike Elliott at 6:45 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan . Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Director of Public Works Doran Cote, Community Development Deputy Director/HRA Specialist Jesse Anderson, City Clerk 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. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves read a Native American quote in honor of Indigenous People’s Day, to acknowledge that we are all living on occupied lands taken from the indigenous people of North America when it was colonized by Europeans. When the blood in your veins returns to the sea And the earth in your bones returns to the ground Perhaps then you will remember that this land does not belong to you It is you who belongs to this land Councilmember Graves stated, in that spirit, hopefully we can all do better to acknowledge that we live on indigenous lands; acknowledge the harm that was caused over generations and that continues to happen; be better stewards of the land; and follow the example of native people and how they lived in harmony with nature, and respected all living things. 10/12/20 -2- Mayor Elliott stated he recently became aware of sacred land that was destroyed by the City to make way for park trails. He added he hopes that at some point in the future the City Council can address this in a restorative way. 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, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Director of Public Works Doran Cote, Community Development Deputy Director/HRA Specialist Jesse Anderson, City Clerk 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 1. September 18, 2020 – Joint CC and Financial Commission 2. September 21, 2020 – Joint CC and Financial Commission 3. September 28, 2020 – Study Session 4. September 28, 2020 – Regular Session 5. September 28, 2020 Work Session 6b. LICENSES Gasoline Service Station Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Brooklyn Center, 55430 Hospitality License Travelodge 6415 James Circle N Brooklyn Center, 55430 Mechanical Licenses Air it Indoor Comfort LLC 8600 Xylon Ave N, Ste 107 10/12/20 -3- Brooklyn Park, 55445 Airics Heating & Air Conditioning Inc. 9220 James Ave S. Suite F Bloomington, 55431 I-Site 2 Plumbing LLC dba Priority Plumbing & Drains 13220 Co Rd 6, #150 Minneapolis 55406 Ideal Air LLC 17900 Aztec Street NW Andover 55304 Knight Heating & Air Conditioning Inc. 13535 89th Street NE Elk River 55330 K&S Heating, Air Conditioning and Plumbing 4205 Hwy 14 W Rochester 55901 Swift Heating and Air Conditioning Inc. 3404 Victoria St N Shoreview 55186 Travis Glanzer HVAC 2470 Island Dr #202 Spring Lake Park, 55384 RENTAL INITIAL (TYPE IV – one-year license) 7001 Emerson Ave N Mara Jenson INITIAL (TYPE II – two-year license) 5312 Lilac Dr Jason Gamache RENEWAL (TYPE III – one-year license) 6614 Bryant Ave N Yi Lin / Khaihong Lim Properties ‐ met requirements 6749 Humboldt Ave N Patrick Nguyen ‐ owes $100 reinspection fee RENEWAL (TYPE II – two-year license) 5351 4th St N Infinite Property 4000 61st Ave N Adegbola Ogundipe ‐ met requirements 5207 63rd Ave N Samuel Carrillo ‐ missing CFR Certificate 6725 Bryant Ave N Vong Duong ‐ missing CPTED 6800 Bryant Ave N Peter Nguyen 4707 Eleanor La Chen Zhou 5412 Fremont Ave N Gary Anakkala 5420 Girard Ave N Scott Sorum 6437 Kyle Ave N Peter Lee / Unite Hmong Investments ‐ met requirements 5532 Logan Ave N Ira Kovalsky RENEWAL (TYPE I – three-year license) 4507 66th Ave N Cathy Steinke 5321 71st Cir Pramrod Khakural ‐ met requirements 10/12/20 -4- 6015 Aldrich Ave N My Truong ‐ met requirements 7208 Bryant Ave N Prosperous Property 3819 Burquest La Amir Chaboki 5120 Drew Ave N Neng Xi Zhang 4201 Lakeside Ave #106 Woarsono & Ninou Widjaja 4207 Lakeside Ave #234 Cynthia Patrick missing CFR Certificate 7025 Newton Ave N Steve Branham 6c. RESOLUTIOIN NO. 2020-080 AMENDING THE CITY OF BROOKLYN CENTER FEE SCHEDULE ESTABLISHING SURCHARGES FOR WATER CONSERVATION VIOLATIONS 6d. RESOLUTION NO. 2020-081 APPROVING CARES ACT FUNDING APPROPRIATIONS – BACK TO SCHOOL / CLASS / WORK FAMILY COVID-19 AND DISTANCE LEARNING PACKS 6e. RESOLUTION NO. 2020-082 APPROVING CARES ACT FUNDING APPROPRIATIONS – COVID HEALTH ON THE GO 6f. RESOLUTION NO. 2020-083 APPROVING CARES ACT FUNDING OF BC BEYOND COVID SENIOR IPAD / TABLET INNOVATION PROGRAM 6g. SECOND AMENDMENT TO THE SHINGLE CREEK CROSSING DECLARATION OF COVENANTS AND RESTRICTIONS 6h. RESOLUTION NO. 2020-084 CERTIFYING SPECIAL ASSESSMENTS FOR EMERGENCY PRIVATE UTILITY SERVICE REPAIRS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS 6j. RESOLUTION NO. 2020-085 SETTING 2021 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS 8a. RESOLUTIONS APPROVING PROPOSED SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS, TALL GRASS AND WEED ABATEMENT COSTS, DEAD AND DISEASED TREE ABATEMENT COSTS AND ADMINISTRATIVE FINES/CITATIONS 10/12/20 -5- Community Development Deputy Director/HRA Specialist Jesse Anderson requested City Council consideration of proposed special assessments related to Code enforcement activity: long grass and weeds; dead or diseased trees; and administrative citations. Nuisance abatements were originally included but are no longer outstanding and have been removed. Property owners were notified of the amount and received notice of the public hearing, but City Staff have not received any written requests for appeal. Mr. Anderson reviewed payment options for administrative citations, issued for noncompliance with City Ordinance. He added numbers have decreased from last year, due to proactive neighborhood engagement. He noted City Staff recommends that the City Council remove reasonable appeals from the proposed levy roll to be reviewed and presented at the City Council’s October 6, 2020 meeting, and adopt the remaining assessments. Mr. Anderson stated the public hearings can be opened and closed concurrently. Councilmember Graves requested clarification regarding administrative citations. Mr. Anderson stated most administrative citations are rental license violations, including rental without a license. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Mayor Elliott moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Mayor Elliott seconded to adopt RESOLUTION NO. 2020- 087 Certifying Special Assessments for Administrative Citations to the Hennepin County Property Tax Rolls. Motion passed unanimously. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2020-088 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020-089 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Property Tax Rolls. Motion passed unanimously. 10/12/20 -6- 8b. RESOLUTION NO. 2020-090 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS Finance Director Mark Ebensteiner reviewed certification of special assessments for delinquent public utility service accounts, for which customers receive a quarterly utility bill. He added customers are notified of the delinquent account and payment information if they have not paid their bill by June 30, 2020. He noted there is an extended timeline this year due to the pandemic, which gave customers until October 8, 2020. No formal appeals have been received by City Staff. Mr. Ebensteiner stated City Staff recommends that the public hearing be opened and closed, after which City Council action can be taken. Councilmember Lawrence-Anderson asked why there are 6 cycles, if customers are billed quarterly for water. Mr. Ebensteiner stated all customers are not necessarily billed at the same time and may be on different cycles. He added customers are made aware of their billing cycle. Councilmember Graves asked whether the increase in payments is due to the extended time frame. Mr. Ebensteiner confirmed this, adding another reason could be that the City started at a lower balance. He added City Staff are considering a review of this process, to determine whether the extended time frame to allow for additional payments should be added. Councilmember Graves stated she was thinking that too, because when the bill gets assessed, there are additional costs to families. She added City Staff had mentioned instituting a level that customers have to reach before they are assessed. Mr. Ebensteiner confirmed this, adding he believes it is over $150 before assessment. He added residents who make partial payments would be removed from certification. Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Mayor Elliott turned the meeting over to Mayor Pro Tem Butler. He left the meeting at 7:28 p.m. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020-XX Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Property Tax Rolls. Motion passed 4-0 (Mayor Elliott was absent). 10/12/20 -7- 8c. RESOLUTION NO. 2020-091 VACATING ALL EASEMENTS WITHIN LOT 4, BLOCK 5, WANGSTAD’S BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA AND LOT 1, BLOCK 1, PEARSON’S NORTHPORT 3RD ADDITION, HENNEPIN COUNTY, MINNESOTA Public Works Director Doran Cote reviewed two requests for vacation of easements related to the C-Alan Homes proposal for triplex townhomes on the 6000 and 6900 blocks of Brooklyn Boulevard. Sidewalk easements will be included in the new plat. He added City Staff is requesting that the City Council hold two public hearings for these requests and adopt the resolutions. He noted vacation of easements are contingent upon filing final plats and other development requirements. Councilmember Graves moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed 4-0 (Mayor Elliott was absent). Luba Everts, a resident who lives at 69th Avenue and Major Avenue, expressed concern about excessive traffic and safety concerns at the 6900-block development site, as many children play out there. She added there is not enough room for parking on the site. She noted she does not like the proposal. Mr. Cote stated the proposed developments have been reviewed by the City Council and Planning Commission. He added this Agenda Item is to clear easements to avoid conflict with the proposed plat. He noted notices were sent to homes within 350 feet of the site, but the development itself is not up for discussion tonight. Ms. Everts stated she is talking about the easement, which will bring all sorts of traffic that the neighborhood does not need. She added the property’s addresses will be Brooklyn Boulevard, so that is where their access should be. Lisa Teske, a resident who lives on the corner of 69th Avenue and Lee Avenue, stated she agrees with everything Luba just said. She added they expressed all these same concerns months ago at the public meeting, but were not given an answer regarding parking and traffic. She noted cars will be parked illegally, overnight on the street. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed 4-0 (Mayor Elliott was absent). Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020-091 Vacating Certain Easements that are Associated with the 6000 Triplex Site Redevelopment (C-Alan Homes) in Connection with the Proposed Final Plat of Robertson and Brekke’s Brooklyn Boulevard First Addition. Motion passed 4-0 (Mayor Elliott was absent). 10/12/20 -8- 8d. RESOLUTION NO. 2020-092 VACATING ALL EASEMENTS WITHIN LOT 1, BLOCK 1, SUNSET MANOR, HENNEPIN COUNTY, MINNESOTA AND LOT 3, BLOCK 1, SUNSET MANOR, HENNEPIN COUNTY, MINNESOTA Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed 4-0 (Mayor Elliott was absent). Luba Everts stated she is still against the development. Lisa Teske stated she thought the first public hearing was for the 6900 block, but it was not clearly communicated. She added neighbors have many concerns. She asked who she can address these concerns to. Mr. Boganey stated Ms. Teske can contact City Hall and talk to either himself, the City Manager, or Community Development Director Meg Beekman. He added the developer has complied with all requirements related to parking. He noted he can have a conversation with Ms. Teske and explain why City Staff believes the parking issues will be adequately addressed. Ms. Everts asked whether it has been approved. Ms. Teske stated it has already been approved. She added 18 parking spots will not be enough for all the 3-bedroom apartments. Mayor Pro Tem Butler stated the City Council had a lot of these same concerns, and that has all been discussed already. She urged Ms. Everts and Ms. Teske to reach out to City Staff and also the Councilmembers for additional information. She noted the issue that is before the City Council is the easement. She noted the City Council appreciates Ms. Everts and Ms. Teske bringing their comments to the Council meeting and urged them to contact City Staff. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed 4-0 (Mayor Elliott was absent). Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-092 Vacating Certain Easements that are Associated with the 6900 Triplex Site Redevelopment (C-Alan Homes) in Connection with the Proposed Final Plat of Robertson and Brekke’s Brooklyn Boulevard Second Addition. Motion passed 4-0 (Mayor Elliott was absent). 8e. RESOLUTION NO. 2020-093 VACATING ALL EASEMENTS WITHIN LOT 1 & 2, BLOCK 1, PANAYOTOFF ADDITION, HENNEPIN COUNTY, MINNESOTA 10/12/20 -9- Mr. Cote reviewed a request for vacation of easements at Nompeng Academy, located at Noble Avenue and 63rd Avenue. The owners acquired 2 parcels north of the school and demolished homes on the property, so they could combine the three properties and create additional green space for the school. The request is for the vacation of underlying easements. There are no utilities within the easements. Notice of the public hearing was published in the newspaper and mailed to properties within 350 feet of the subject property. City Staff have not received any objections. Mr. Cote stated City Staff recommends that the City Council hold a public hearing, and adopt resolutions approving the vacation of easements, contingent upon filing of final plat and other development requirements. Councilmember Lawrence-Anderson moved, and Councilmember Ryan seconded to open the Public Hearing. Motion passed 4-0 (Mayor Elliott was absent). Catherine Campos asked what will happen to access to the park and playground. Mr. Cote stated vacating the easements does not change anything about access to the property, but rather vacates rights to the property. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed 4-0 (Mayor Elliott was absent). Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2020-093 Vacating Certain Easements that are Associated with the Panayotoff Addition in Connection with the Proposed Final Plat of Nompeng Addition. Motion passed 4-0 (Mayor Elliott was absent). Mayor Elliott returned to the meeting. 8f. CONSIDERATION OF HOSPITALITY ACCOMMODATION LICENSE RENEWAL REQUEST FOR RADISSON BROOKLYN CENTER Deputy City Manager Dr. Reggie Edwards reviewed a request for renewal of a hospitality accommodations license for Radisson Brooklyn Center, the applicant. He added a letter was sent January 31, 2020, regarding the accommodations license which must be renewed, or it would expire by April 2020. He noted the hotel was notified by City Staff numerous times that their establishment has been operating without a license since January 31. 2020; additionally, the hotel owners did not pay lodging tax or utilities. Dr. Edwards stated the hotel is currently being used as a homeless shelter, which is inconsistent with the City’s zoning regulations. He added there has been an increase in police calls by 760% between June-August 2020 compared to the same time period in 2019. He noted the hotel owner 10/12/20 -10- was notified of tonight’s public hearing, and City Staff received a license application from the owner. Dr. Edwards requested City Council consideration of two options related to this application, and an indication of Consensus so City Staff can prepare a Resolution for City Council review and approval: non-renewal of the license, or renewal with conditions. He added the hotel owner has made payments on utilities as well as taxes. He noted the outstanding issue is the use of the hotel as a homeless shelter and the increase in police calls. Dr. Edwards stated City Staff recommends that the following conditions be considered for addition to a potential license renewal: no more than 35 lodging units will be made available and guests will be limited to stays of no longer than 60 days; and City Staff will be allowed to conduct regular inspections on a bi-weekly basis, with additional inspections as needed; representatives of the hotel and third-party service provider will attend regular update meetings with City Staff; the hotel owner will contract with a towing company to remove unregistered vehicles, engage parking lot cleaners and install related signage in the parking lot; require that the hotel; ensure that the service provider or their representative is available for contact by City Staff; always in communication with City Staff; and the license will be started at a Level 1, applying police calls from 2020 to the level of license that is determined for 2021. City Attorney Troy Gilchrist stated this issue is brought to City Council due to noncompliance under unique circumstances due to the emergency situation. He added, as City Staff indicated, the hotel’s current permitted use is a limited state hotel, with traditional, short-term guests, and it is not set up as a long-term dwelling facility, which raises issues from a zoning perspective. He noted, during the pandemic crisis, this City Council has expressed a willingness in the past to grant regulatory flexibility, which would be required in this case. He stressed that the City Council will not be violating the Zoning Ordinance by allowing this use to continue, but rather granting regulatory flexibility for a limited period of time. Mayor Elliott asked what other remedies have been pursued by City Staff with regard to this issue. Mr. Boganey stated there are no other remedies available to City Staff when a license holder has violated the licensing Ordinance other than a decision from the City Council regarding whether or not there should be action taken on the license, including nonrenewal, suspension or renewal with conditions. Mayor Elliott asked whether the City Council can consider these licenses on a case-by-case basis. He expressed concern about using data from police calls to determine licenses. He stated it has been well-documented that Ordinances that determine licensing based on police calls are problematic and can lead to lawsuits. He urged the City Council to find another solution that does not rely unnecessarily on police calls. He added we all know the people who get the police called on them more frequently. He requested that the City Attorney and City Staff do more research to see if there are creative ways to address this important issue. He noted he will not support this approach. Mayor Elliott stated Mayor Pro Tem Butler is still running the meeting. 10/12/20 -11- Councilmember Ryan asked Mayor Elliott whether his objection is related to alleged police enforcement of certain Zoning Ordinances. He added City Staff can provide information about how they are implemented. He asked whether Mayor Elliott feels that enforcement actions are racially prejudiced, based on his comments. He noted City Staff has been tasked with identifying policies that may be considered racist, while continuing to attempt to be anti-racist. He requested clarification from Mayor Elliott. Mayor Elliott stated he is unsure which aspect of his comment requires clarification. Councilmember Ryan stated City Staff may want to mitigate homelessness and help people who are homeless, while also acknowledging violations to City Ordinances that must be enforced. He added he believes the way forward is to offer Option 2 and accept the renewal of the license with conditions. He stressed the importance of understanding that the hotel is suffering from the current extraordinary financial decline related to the pandemic. He noted the City Council should not impose greater hardship to a business that has been unfairly impacted by the pandemic. Councilmember Ryan stated he supports moving forward with Option 2, and seeing what conditions are recommended by City Staff. Mayor Elliott stated he is open to that approach. He added he implored that City Staff would think about the historical lens of police action being applied, and we all know who it affects the most, especially in the case of housing. He noted there has been an increase in data and lawsuits that prove that using police enforcement and actions to determine licensure disproportionately affects minorities and people of color. He added he is open to the recommendations of City Staff. Councilmember Graves stated she has a few questions, but Mr. Gilchrist has been indicating that he would like to speak. Mayor Pro Tem Butler asked Mr. Gilchrist to proceed with his comments. Mr. Gilchrist stated the issue before the City Council relates to noncompliance with Zoning Code for operating without a license; failure to pay lodging tax; failure to pay utility bills; and noncompliance with local zoning. He added police calls do affect the licensing level, but that issue would be addressed for this property in 2021. He noted the license, if renewed, would be a Level 1, so the only issue to be addressed are the violations, not based on police calls. Councilmember Graves asked whether the delinquent payments have been made by the hotel. Mr. Boganey stated it is his understanding that the applicant paid lodging and utilities taxes, and has applied for a license. He added the only continuing violation would be compliance with Zoning regulations. Councilmember Graves requested clarification regarding the nature of police calls to the hotel, and percentages per calls. Mr. Boganey stated several Police staff have joined the meeting who may be able to answer those questions in more detail. He added it is his understanding that there have been a variety of 10/12/20 -12- activities that have occurred on the property, some of which would be considered serious or violent crimes. Police Commander Rick Gabler stated there has been an increase in a wide variety of calls for service to the Radisson Hotel, including violent crimes. He added the calls were related to robberies, assaults, domestic assault, drug overdose, auto thefts, trespassing, and burglary at neighboring hotels. Councilmember Graves asked whether the calls come from a range of people, or mostly people who are staying at the hotel. Commander Gabler stated there have been a wide variety of calls from the hotel owners, hotel guests, and neighboring businesses. Councilmember Graves stated her recollection is that the Radisson was in partnership with Hennepin County in deciding to provide a place to live for homeless people. Mr. Boganey stated the City’s initial understanding was the hotel was working in partnership with the County, but later it became known to City Staff that it was a contract with the State of Minnesota. Councilmember Graves asked whether the property owner’s current contract includes the State of Minnesota. Mr. Boganey confirmed this. He added a third-party provider administers the contract, and there has been a recent change in the provider. Councilmember Graves asked whether the number of people staying at the hotel has increased or decreased since it has been used as a homeless shelter. Mr. Boganey stated he would defer to the applicant who will be able to answer those questions during the public hearing. Mayor Pro Tem Butler asked what will happen to the people who are living there if the license is not renewed. Mr. Gilchrist stated the hotel would not be allowed to operate under City Code until they obtain a new license, for which there is a process. Mayor Elliott asked whether there is an opportunity to work with the State of Minnesota to address security concerns in this situation. Mr. Boganey stated City Staff have met with the third-party provider and hotel representatives over the past several months, with some representation by the State of Minnesota. He added conditions at the property have improved greatly over the past 4-6 weeks which is a positive result of the collective effort of all involved parties. Mr. Boganey stated, as a point of clarification, City Staff’s recommendation is that the activity would cease within 60 days of the end of the Governor’s Emergency Peacetime Declaration. He added the hotel would then return to hotel use as allowed under the City’s Zoning Ordinance. 10/12/20 -13- Mayor Elliott asked what would happen to the people that are being housed there, when the hotel returns to its original use. He added the end of the Emergency Declaration will not be the same for everyone. He noted that well-intended condition has the impact of throwing people out who otherwise need housing. Mayor Elliott stated the City can work with the hotel to develop a plan that will provide housing for people, so they do not end up back on the streets. Mr. Boganey stated City Staff have been working with the provider for several weeks, to encourage them to transition individuals into more permanent housing. He added they have had some success with those efforts. He noted the number of people has reduced, although some people were asked to leave due to violations. Mayor Elliott stated there is a need for this type of housing, and the third-party provider could request that more people are housed there. He added there is definitely a need for housing for the homeless. Mr. Gilchrist stated the City Council can give direction to change the conditions, but the current use is not consistent with the PUD for this property nor local Zoning requirements. He added the owner would be required to go through the normal Zoning process if the property continues with this use which is not in compliance with the current PUD and current Zoning. Mayor Elliott asked whether the number of units would be limited to 35 lodging units. He asked whether there were up to 100 individuals living there at one point. Mr. Boganey stated he believes that there may have been 100 people, with one person in each unit. Councilmember Graves requested that the City Council open the public hearing and move this issue forward. She added some of the Mayor’s questions may be answered by the applicant. Mayor Elliott stated he has legitimate questions for the City Manager and the City Attorney. He added he understands Councilmember Graves wants to get off the call because it is getting late, but this is a very important issue. Councilmember Graves stated she has questions for the applicant. She added she is not trying to rush off the call, but rather keep the meeting moving along. Mayor Elliott stated he wants Councilmember Graves to have her needs met, but he has questions for the City Manager and the City Attorney, and he feels that Councilmember Graves is rushing him along. He added he tries to make sure that everyone has ample opportunity to ask questions, at length and in depth, including Councilmember Graves. He noted he does not want to feel when he is asking questions that she is rushing him along. 10/12/20 -14- Councilmember Graves apologized, stating that was not her intent. She added she is also thinking about the applicant, who is waiting to have their chance to speak at the public hearing, which should be opened, whenever the Mayor is ready. Mayor Elliott stated he is trying to get an understanding of the number of units, and how many there are now, and the current trend for occupancy. He added he is fine with opening the public hearing. He noted Mayor Pro Tem Butler is still running the meeting. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. Nathan Patel, owner of Radisson Brooklyn Center, stated he did not know there was a license renewal process. He apologized for this oversight. He added the City’s utility bills were being sent to the management company, and not to the hotel. He noted the utility bill was paid immediately upon receipt by the hotel owners. Mr. Patel stated he does not appreciate the statements regarding the hotel’s guests’ homelessness status. He added guests are not asked if they are homeless. He added the hotel is under contract with the State of Minnesota to facilitate a variety of emergency Covid-related operations. Mr. Patel stated the State of Minnesota places people in the hotel for specific reasons, and security issues have been fixed. He added it will be difficult to run this program if there is a limit of 35 people who are allowed to stay there, and he is required to request permission from the City Council for additional guests. Mr. Patel stated, with regard to cars in the parking lot, car registration information is recorded, and a towing company has been retained. He added health and fire inspections have been completed. The General Manager of the Radisson Brooklyn Center stated all the outstanding items have been taken care of. He noted City, Police and Fire inspections have been scheduled and completed. Councilmember Graves apologized for referring to the hotel guests as homeless people. She added it was not her intention to be insensitive to the reasons why people are temporarily displaced and staying at the hotel. She added all people are deserving of empathy and understanding. Councilmember Graves asked how many people are currently staying at the hotel, and whether that number has increased or decreased. She asked what the average length of stay is. Mr. Patel stated approximately 35-40 guest rooms are currently occupied by individuals and families. He added numbers were higher at the beginning of Covid-19 outbreak. He noted there are no permanent guests. The hotel’s General Manager confirmed there are currently 35 occupied rooms, and stays range from 1 week to 2 months, depending upon the guest’s circumstances and housing needs. He added 10/12/20 -15- the third-party provider, Second Chance, is a new provider, and their staff work very hard to ensure that clients are housed expeditiously. He noted there are 4-6 staff on site during the day, and 2 staff at night, to assist clients. Mayor Elliott asked whether the hotel would be able to enforce restrictions if there are only 35 rooms made available. Mr. Patel stated requests for emergency housing comes from the State of Minnesota through the provider. He added he is unsure how to enforce a cap on the number of available rooms. He noted policies and procedures have been put in place, and additions have been made to the hotel, including laundry and food services on every floor. Mayor Elliott stated there would be enforcement issues if no more than 35 guest rooms are made available. He added as long as there is proper management at the facility, it will be possible for the operator and the provider to increase safety and address other issues. He noted limits on the maximum number of units is the wrong focus, in his view. Councilmember Ryan stated this is an important discussion, and the focus is that this hotel is not structured to be a homeless shelter. He added the hotel’s business declined, and they have stepped up to fill a need during these extraordinary times. He noted this issue should be moved forward out of public hearing. He expressed his support for Option 2 – approval with conditions. Councilmember Ryan stated the hotel has made a good faith effort to address these issues. He added, while compliance with City Ordinances is necessary, it is important to not penalize a good faith effort on the part of the hotel. Councilmember Graves asked whether the hotel anticipates being able to make more or less revenue this year than in a normal year, in terms of their partnership with the State. Mr. Patel stated the current arrangement is allowing the hotel to stay afloat, keep people employed, and assist the Minnesota Health Department respond to emergency housing needs due to the pandemic. Councilmember Graves asked what the hotel’s maximum capacity is. Mr. Patel stated there are 134 rooms, but the maximum that have been filled at one time for emergency housing is 67 rooms with 82 clients, including families. Councilmember Graves stated the hotel’s capacity would be a concern, with respect to Covid- related safety precautions. Mr. Patel stated the Radisson is not classified as a Covid-19 hotel, and there would not be any clients who are Covid-positive. He added there are other local hotels that are classified for housing Covid patients. Mayor Elliott stated, with regard to regular inspections, the hotel would be required to allow City Staff to inspect the accommodations as needed for the safety of the guests. He added the other option is regular meetings involving City Staff and representatives of the hotel to discuss public 10/12/20 -16- safety and other concerns related to the operation. He noted the third-party provider would be required to attend these meetings. Mr. Patel stated the hotel management has no problem with regular inspections, as long as they have notice. Mayor Elliott asked the City Attorney whether there would be privacy issues, if inspectors would be required to inspect the hotel rooms. Mr. Gilchrist stated he has not reviewed this issue with City Staff. He added licensing ensures compliance with safety features, so this would be the same process as rental licensing which is regulated through the licensing Ordinance. Councilmember Graves moved and Councilmember Elliott seconded to close the Public Hearing. Motion passed unanimously. Mayor Pro Tem Butler requested that the City Council arrive at a consensus on this issue. She added she heard from three Councilmembers that there is support for the second option. Councilmember Lawrence-Anderson concurred, stating that is the most prudent and humanitarian course of action due to the pandemic. She added the zoning issue can be reviewed and any other issues related to the Emergency Declaration and allow the hotel to continue to provide shelter for those in need of it. Councilmember Ryan concurred. Councilmember Graves stated she is also in agreement, but she suggested an increase in the number of rooms to 50 rooms, and put increase the time limit to 90 days after the end of the Governor’s Declaration, instead of 60 days. Councilmember Lawrence-Anderson concurred. Mayor Elliott stated it was his understanding that the consensus was to select option 2 but not impose any other recommendations, including a limit on the number of rooms. He added that is what he supports. He added limiting the number of rooms does not provide enough flexibility for emergency situations, and he does not support a limited number of rooms. He noted the Minnesota Department of Health is involved, and inspectors can ensure that health and public safety issues are addressed. Councilmember Graves stated she agrees it would be better not to have a specific number of rooms, but rather have City Staff work with the owner and partners at the State level to figure out the details. She added the number of rooms seems arbitrary. She added she agrees there should be more rooms made available, but she is thinking of City Staff and the third-party provider and their capacity to serve the individuals and families that would be housed there, keeping it to a manageable level but leaving room for growth. 10/12/20 -17- Mayor Elliott stated he agrees that the issue of capacity is important, but a limit on the number of rooms would prevent the State and third-party provider from being able to house people. He added it would be unacceptable if there was a limit on the number of rooms, and people would not have a place to go. Councilmember Graves stated Mayor Elliott misunderstands her concerns. She added the third- party provider, Second Chance, is a new partnership and has only been doing this job for 1 week, with limited staff, which will have an impact on how many people can be housed. She noted the highest room occupancy they have had was 67 rooms, and she suggested 50 which is not the highest number but could still be within the capacity of the new third party provider to give support and assistance. Mayor Elliott stated he is concerned about the second wave of the pandemic, and what will happen in the fall. He added putting a limit on the number of days or the number people will have a negative impact as the hotel would have to come back for approval if an extension is required. He noted, if the City Council is amenable, the number of available units should be increased, and have health and safety inspections in place to address these issues. Mayor Pro Tem Butler asked input from the City Manager, and then requested a vote as a City Council regarding a consensus on adoption. She requested clarification on what the second option would be. Mr. Boganey stated City Staff feels, based on recent experiences at the hotel as well as staff capacity, it would be difficult to provide effective solutions and follow-up inspections without limitations, that will be more likely to result in success for all parties and ensure a safe environment for people living at the hotel. He added increased capacity at the hotel will stretch the City’s ability to provide support and increases potentially negative outcomes. He noted it will be more difficult to assure positive outcomes related to health and safety on the property. Mr. Boganey stated he agrees with Councilmember Graves’ comment about the new third party provider, Second Chance, who may not have the experience or capacity yet to serve residents appropriately, and the previous provider was operating beyond their capacity. He added some limitations are essential because neither the hotel, the third-party provider or the City have sufficient staff to provide unlimited necessary services. Mr. Boganey stated, if there is a need for more units, the State has contracts across the State and across the region, and presumably they would find another location that would not be overburdened. Councilmember Ryan stated he would like to move forward to a decision, and City Staff’s recommendation should be respected. He added the fundamental point is that the City of Brooklyn Center, even with collaboration from the County and State, may not be able to solve this problem locally. He noted the hotel is not designed to be used as a homeless shelter, but has made a good faith effort, partly generated by the pandemic, to address the problem of homelessness in the community. He stressed the importance of relying on City Staff’s guidance. 10/12/20 -18- Mayor Elliott thanked Mayor Pro Tem Butler for running the meeting in his absence, and he is back now. Mayor Elliott asked Councilmember Graves for her opinion on how to enforce limitations on the number of rooms that would be made available. Councilmember Graves stated she is unsure of the contract specifics, but the business owner indicated there is an agreement in place with the State of Minnesota, and the owner can potentially add limitations. Councilmember Graves stated she stands by her suggestion of a limit of 50 people, as that provides room for those in need and support for the business itself. She added she supports a 90-day limit on stays, as 3 months is a length of time that is adequate to ensure that people move on and find new housing. She noted Councilmember Lawrence-Anderson agreed with her, and she would like to hear Councilmember Butler’s opinion. She complimented Councilmember Butler for doing an excellent job running the meeting. Mr. Boganey stated, from a staff perspective, 50 people is a little higher than what would be preferred but it is a reasonable and manageable limitation. Councilmember Butler stated she respects the insight and opinion of Councilmember Graves on this issue, in light of her professional experience. She added she is amenable to 50 people and 90 days. She noted the City Council needs to be respectful of City Staff’s comments regarding their capacity for support. She reiterated her support for Councilmember Grave’s suggestions. Councilmember Lawrence-Anderson stated she still supports Councilmember Grave’s suggestion which is also has support from City Staff. Mayor Elliott stated he does not support the consensus. He added the City can assign more resources to this issue, from federal funding to respond to issues directly arising from the pandemic. He noted there should not be a cap on the number of people, as the City should be able to provide housing if people need it. It was the majority consensus of the City Council to support the renewal of Radisson Brooklyn Center’s license and amend the conditions to include the following: a maximum of 50 rooms will be made available for stays of no longer than 90 days. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS None. 11. COUNCIL REPORT 10/12/20 -19- None. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:48 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 October 12, 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 October 26, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor