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HomeMy WebLinkAbout2020 11-09 CCM Regular Session11/09/20 -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 NOVEMBER 9, 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 6:50 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, Community Development Director Meg Beekman, Fire Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. Simone Chambliss, Jambo Africa, stated she was informed by the City Clerk that she was on tonight’s meeting agenda, but she is not on the agenda. She asked why she is not on the agenda. City Clerk Barb Suciu stated she tried to call Ms. Chambliss earlier that day to inform her that she was not on the agenda. She added Ms. Chambliss will need to work with the City Manager regarding her request. Mr. Boganey stated it is his understanding that the Community Development Director has been attempting to schedule a conversation with Ms. Chambliss about this issue as well as development of her property in general, but there has been difficulty in making that connection, and the meeting agenda had to be completed. He noted this issue was added to the City Council’s next Work Session Agenda. Councilmember Graves apologized to Ms. Chambliss. She added Ms. Chambliss can speak and address whatever she wants to since it is Open Forum. She noted Ms. Chambliss can provide the City Council with additional information to prepare for the Work Session. Ms. Chambliss stated she wants to have hookah in her restaurant. She added she spoke with the City Clerk the other day, who indicated she was on tonight’s agenda, and would be able to be heard today. She added Ms. Beekman had scheduled a meeting but had to postpone due to conflicts, but that was pertaining her deck and other issues, and not the hookah license. She noted she has been asking for a hookah license for years because her customers want it, and it would bring in more daytime traffic to her restaurant. 11/09/20 -2- Ms. Chambliss stated she recently stopped at Casey’s and they are selling tobacco. She added her restaurant has been in Brooklyn Center longer than Casey’s. She added she makes sure her patrons are orderly and she follows all rules and regulations. She noted her restaurant has been in Brooklyn Center for almost 9 years, and she would not do anything that will be disruptive for the community. Edmond Borboh stated he has worked with Ms. Chambliss for almost 2 years, and customers are asking for hookah. He added they would appreciate it if the City would grant their request. Mayor Elliott asked whether Jambo Africa has a tobacco license. Ms. Chambliss stated she does not have a tobacco license. Mayor Elliott asked when Casey’s opened. Mr. Boganey stated Casey’s was the last tobacco license to be issued before legislation that limited the number of tobacco licenses that could be granted in Brooklyn Center. Mr. Boganey stated the City Council requested that a representative from the Non-Smokers Association should be invited to participate in this discussion. He added that is part of the delay, and there was limited time to complete everything that was necessary to have a discussion regarding Jambo Africa at tonight’s meeting. He noted this issue will be included on the next Work Session agenda. Melissa Carey stated the City often posts comments and photos in the form of PDFs and JPEGs on social media that are not accessible for blind or visually impaired people. She asked that important information like COVID-19 testing be shared in text form to be more inclusive of and improve accessibility for disabled people. Ms. Carey requested consideration of lit crosswalk signs in Brooklyn Center. She added she crosses 67th Avenue to get to Palmer Lake which is a busy and congested road, and drivers often do not see the crosswalk. She added installing flashing lights on the City’s crosswalks will prevent accidents. Nupen Patel asked whether he should speak now regarding the Radisson Hotel Brooklyn Center Agenda Item. Mayor Elliott stated Mr. Patel will be able to speak when this issue is reviewed under Agenda Item 10a. Mayor Elliott moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:05 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Butler offered two quotes as an Invocation: “When you see something that is not right, not fair, or not just, you have to speak up. You have to say something. You have to do something.” -Hon. John Lewis 11/09/20 -3- Councilmember Butler stated this quote speaks to the record number of voters who turned out in Brooklyn Center but also nationally. “Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.” -Hon. Ruth Bader Ginsburg Councilmember Butler stated this quote celebrates the first Woman Vice President-Elect, which is very exciting. 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, Community Development Director Meg Beekman, Fire Chief Tim Gannon, 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 Ryan moved and Mayor Elliott seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6c for consideration as Item 10a, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.October 26, 2020 – Study Session 2.October 26, 2020 – Regular Session 3.October 26, 2020 Work Session 6b. LICENSES Gasoline Service Station Two Rivers Investment Inc 6840 Humboldt Ave N 1525 120th Ln NE Blaine 55449 Mechanical Licenses C&M Heating and Air Conditioning Inc 13862 Wintergreen St. 11/09/20 -4- Andover 55304 Furnace Pro 290 109th Ln NW Coon Rapids 55433 Tobacco Related Product Two Rivers Investment 6840 Humboldt Ave N 1525 120th Ln NE Blaine, Mn 55449 RENTAL INITIAL (TYPE IV – one-year license) 6424 Girard Ave Rashidat Sowemimo INITIAL (TYPE III – one-year license) 3307 Ohenry Rd Assata Sheriff / Divine Home Care Services 6430 Toledo Ave N David Habimana / Touchstone Properties 5949 Vincent Ave N Olaleye Olagbaju / Royal Priesthood INITIAL (TYPE II – two-year license) 5333 James Ave N Jacob Sphatt 5913 Vincent Ave N HPA US1 LLC RENEWAL (TYPE IV – one-year license) 509 61st Ave N Tim Daniel ‐ met all requirements 6015 Dupont Ave N SFR Borrower LLC 5914 Fremont Ave N Alaafia Homecare RENEWAL (TYPE III – one-year license) 3224 62nd Ave N Michael Mills 5254 Ewing Ave N My Truong / J&M Homes ‐ Met Requirements 4207 Lakeside Ave #322 Maie White RENEWAL (TYPE II – two-year license) 4408 69th Ave N Northwest Residence Eugene & Diane Wright 4200 Lakebreeze Ave Todd Bertelson /CPP3 LLC 3024 Nash Rd James Morgan 6812 Scott Ave N Lankia Lartey 4913 Winchester La Huda Hassen ‐ missing CPTED & CFH RENEWAL (TYPE I – three-year license) 4210 Lakebreeze Ave Bobbie & James Simons 2802 Northway Dr Gateway Commons Gary Brummer 2701 65th Ave N Trinh Vu 11/09/20 -5- 6445 James Cir N Kasawa Hospitality Super 8 6430 Lee Ave N Infinite Property / Xian Qiang Lin 7212 Lee Ave N Qiang Fang ‐ met requirements 6736 Perry Ave N Mark Coville ‐ Missing CPTED Inspection 6c. RESOLUTION NO. 2020-108 ISSUING A HOSPITALITY ACCOMMODATIONS LICENSE TO RADISSON HOTEL BROOKLYN CENTER WITH CONDITIONS – This item was considered as Item 10a 6d. RESOLUTION NO. 2020-102 AUTHORIZING ACQUISITION OF EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO. 2021-05 6e. RESOLUTION NO. 2020-103 AUTHORIZING ACQUISITION BY EMINENT DOMAIN AND APPROVAL OF APPRAISED VALUES OF EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO. 2021-05 6f. RESOLUTION NO. 2020-104 ESTABLISHING INTEREST RATE FOR 2021 SPECIAL ASSESSMENTS 6g. RESOLUTION NO. 2020-105 ESTABLISHING 2021 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6h. RESOLUTION NO. 2020-106 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2021-01 AND 02, GRANDVIEW SOUTH AREA STREET AND STORM DRAINAGE IMPROVEMENTS. 6i. RESOLUTION NO. 2020-107 ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT 6j. MOTION TO APPROVE THE AMENDMENTS TO THE CITY COUNCIL CALENDAR Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8.PUBLIC HEARINGS 11/09/20 -6- -None. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2020-108 ISSUING A HOSPITALITY ACCOMMODATIONS LICENSE TO RADISSON HOTEL BROOKLYN CENTER WITH CONDITIONS City Manager Curt Boganey stated the City Council held a public hearing on September 12, 2020 regarding the issuance of a hospitality accommodations license with conditions. He added, after a lengthy discussion and comments from the hotel owner, the City Council directed City Staff to provide a Resolution approving the license with conditions as recommended by City Staff. He noted the City Council also proposed modifications related to the number of units that can be made available and the extension of the license. Nupen Patel, the hotel’s owner, stated he would like to clarify that this is not a homeless shelter operation. He added he does not see the point in the City using so much time and resources for something that is not an issue. He requested that there be no restrictions placed on his hotel operation, and hopefully an agreement can be reached. He reiterated that he is not running a homeless shelter. Cameron Corrigan, the hotel’s General Manager, stated there are restrictions in place at the hotel, and 24/7 security services. He added there were only 9 police calls in October, due to strict protocols that are in place for guests at the property. Mr. Patel stated he does not understand the point of the limitation on the number of units he can make available. He added his client is the State of Minnesota, and he is trying to fulfill his side of the contract with his client. He noted the State can use the hotel for whatever needs they may have, related to the pandemic, and the people who come to stay there are long-term guests. Mayor Elliott requested clarification regarding the 9 police calls in October 2020, and how that differs from other months. Mr. Corrigan stated some of the police calls are related to trespassing or medical calls. He added there was one call related to a weapon, but no one was there when the police officers arrived. Mr. Patel stated there was a false alarm when a fire alarm went off accidentally. Mr. Corrigan stated he reviewed previous records, and in October 2019 there were 8 police calls for many of the same reasons. He added this shows there is not much change over the past year. Police Chief Tim Gannon, stated, for purposes of clarification, he agrees that there has been a significant reduction in calls for service to the hotel in October and November 2020. He added 11/09/20 -7- that is a result of fewer number of occupants that are being serviced by the third-party provider, Second Chance. He noted, however, from June-August 2020 there was a surge in calls that were related to crime, although the previous service provider was not acclimated to the situation. He expressed his appreciation for Second Chance, as well as Mr. Corrigan and his staff, for doing a great job in managing the clients over the past few months due to the low numbers. Chief Gannon stated the hotel may not be a homeless shelter, but Second Chance is providing services to the homeless under a State contract, and they have full control over the number of people that are housed at the hotel at any given time. He added the Police Department expects to continue to see improvements as long as the numbers are kept at a reasonable amount for Second Chance to be able to provide services, which is between 30-50 clients. Mr. Corrigan stated the hotel currently has strict protocols in place, including a “no guest” policy, and 24/7 security. He added he believes the reduction in police calls is due to these measures and not the number of clients. Mayor Elliott asked whether the third-party provider has indicated their maximum capacity. Mr. Patel stated the hotel has a contract with the State of Minnesota and is not involved in Second Chance operations. Mayor Elliott asked Mr. Patel what he believes will be the impact of the proposed restrictions. Mr. Patel stated a rise in COVID-19 cases is predicted during the winter months, and the State will probably need more rooms to put people for quarantine. He added his business will suffer if the City restricts the number of rooms, and he will not be able to fulfill his contract with the State, which could create legal issues for him. He noted he does not believe other cities try to tell business owners how to run their business. Councilmember Graves asked whether the hotel has had to turn away anyone who was sent to them by the State. Mr. Patel stated no one has been turned away. Councilmember Graves asked whether Mr. Patel’s contract with the State prohibits him from renting out rooms to typical hotel guests. Mr. Patel stated the contract does not limit him from renting out rooms. Mr. Boganey asked Mr. Patel if his hotel is designated by the State as a COVID hotel. Mr. Patel stated the hotel is not currently a COVID hotel, but the State can use the hotel for whatever they need. Councilmember Ryan asked what Mr. Patel wants to change in the Resolution, and what City Staff’s response would be to that request. Mr. Patel stated he would like to remove the 50-room limit. 11/09/20 -8- Mr. Boganey stated City Staff’s recommendation was significantly less than 50 rooms, but the City Council, after listening to Mr. Patel, agreed to a Resolution expanding the number to 50 rooms. He added, in City Staff’s view, a higher number of rooms that are used for this purpose will mean more difficulties and problems, and more staff resources will have to be assigned. He noted 50 units is a significant number, and City Staff does not recommend a higher number. Councilmember Graves asked whether the State pays the same rate for a room as a regular hotel guest. Mr. Patel stated the State pays about $60 per room, which is a little lower than the regular rate. Councilmember Graves stated she supports the Resolution as proposed and the recommendations of City Staff. She added she would be interested in having a conversation with the State and third- party provider regarding potentially raising the cap above 50 units. Mayor Elliott stated this issue raises serious concerns about maintaining security and safety in Brooklyn Center, which is a priority of the City Council. He added he would also like to hear from Second Chance regarding their capacity. He noted the hotel is making an effort to work with the City by instituting a strict no guests policy and having 24-hour security. He expressed concern that there may be a real need, or an emergency situation, as COVID numbers increase. Mayor Elliott stated he is hesitant to move forward without additional information. He expressed concern that the hotel owner feels he will be unable to legally fulfill his contract with the State. Councilmember Butler stated she agrees with Councilmember Graves’ comments and would like to hear from the other stakeholders. She added she feels comfortable moving forward with the Resolution. Councilmember Graves asked City Attorney Troy Gilchrist for clarification regarding the legal ramifications of the Resolution restricting the number of rooms related to the hotel owner’s contract with the State. Mr. Gilchrist stated the hotel’s operations are subject to federal, State and local laws, by which he is bound. He added it would be difficult for a 3rd party to say he is breaching his contract by complying with regulations. He noted City Staff has indicated that the current use is inconsistent with the PUD for the property and allowing this use to continue requires regulatory flexibility. Councilmember Ryan asked to be acknowledged. Mayor Elliott asked whether Mr. Gilchrist believes that the hotel owner is in a difficult position as the City wants to restrict the number of individuals he can have in his hotel, but the rooms are paid for by the State. Mr. Gilchrist stated discussions at the staff level focused on the length of stay and not how the rooms are paid for. He added this program tends to have people for long-term stays, which can create issues that run contrary to local zoning. He noted the City is inclined to grant flexibility in 11/09/20 -9- this case due to the pandemic, allowing the use to extend 90 days past the end of the emergency declaration, and a 50-unit cap. Councilmember Graves stated the hotel owner has indicated that the State contract does not prevent him from renting rooms to other guests. She added a group could rent 20 rooms which would decrease the number of rooms that are available for the State contract. She noted there would be no liability issues on the part of the State if the hotel owner is not prohibited from renting to others. Mr. Patel stated, for purposes of clarification, this is not a long-term stay arrangement. He added people come for a few weeks, and not more than 30 days. He noted the facts need to be cleared up. Mayor Elliott asked Mr. Gilchrist whether a 2-3-week stay is a permitted use for this property. Mr. Gilchrist stated, according to the record of the previous meeting at which this issue was discussed, Mr. Patel indicated that people stay “between 1 week to 2 months”. He added, according to City Ordinance, stays of over 30 days are not allowed. Mr. Boganey stated City Staff believes the hotel owner has violated the City’s licensing Ordinance, and extended stays violate the PUD. He added large numbers of individuals who are using the hotel for extended periods have proven to be difficult and problematic in a number of ways, including Code violations. He noted there is evidence of an extreme increase in police calls on the property. Mr. Boganey stated it is more than appropriate for City Council to take action with respect to licensing violations and conditions on the property and allow the use to continue with a limit of 50 units. He added the City Council is exercising a good deal of discretion and compassion under the current emergency situation, and the conditions are reasonable, fair and appropriate. He noted City Staff recommends adoption of the Resolution. Councilmember Ryan stated he appreciates Mr. Boganey’s comments. He added he agrees the City Council has been more than flexible and compassionate considering the extraordinary circumstances. He noted he supports the Resolution as written. Mr. Patel stated there have only been a handful of people who stayed for a long time. He added most stays are under 30 days, and he does not believe the hotel is violating any regulations. Mayor Elliott stated there are security issues. He added he would like the City Council to receive information from representatives from the State and the third-party provider before these limitations are put in place. He added if the majority of the City Council wants to adopt the Resolution, that can be done tonight, but his preference would be to review this issue with the providers. Councilmember Lawrence-Anderson stated she supports City Staff’s recommendation on this issue. She added she believes it is important to respect their advice and expertise. 11/09/20 -10- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2020-108 Issuing a Hospitality Accommodations License to Radisson Hotel Brooklyn Center with Conditions. Motion passed 4-1 (Mayor Elliott voted nay). Councilmember Graves stated she would still be willing to hear from the other stakeholders at a Work Session, to find out what their experience has been, and their expectations for the contract. Mayor Elliott agreed, stating that was his reason for voting against the Resolution. He requested that representatives of the State and the third-party provider invited to an upcoming Work Session. Mr. Boganey stated, for clarification, an amendment to the Resolution would be appropriate at any time, if the City Council decides to modify the conditions. Mr. Gilchrist agreed. Mr. Patel requested clarification regarding procedures and timelines for getting a modification. Mr. Gilchrist stated the City Council can pass a Resolution at any City Council meeting modifying the conditions, as long as there is advanced notice for City Staff to draft the amendment. Mayor Elliott stated the City Council meets every other week, so that would be two weeks at the earliest. City Clerk Barb Suciu clarified that the City Council meets on 2nd and 4th Mondays. 11.COUNCIL REPORT -None. 12.ADJOURNMENT Councilmember Elliott moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:05 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) ss. Cetiification of Minutes The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, cetiifies: 1.That attached hereto is a full, true, and complete transcript of the minutes of a Work Session of the City Council of the City of Brooklyn Center held on November 9, 2020. 2.That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3.That the City Council adopted said minutes at its November 23, 2020, Regular Session. City Clerk 11/09/20 -11-