Loading...
HomeMy WebLinkAbout2020 11-23 CCM Study SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 23, 2020 CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:15 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, Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. -None. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS MISCELLANEOUS Councilmember Graves asked whether Police Chief Tim Gannon has additional information and data regarding processing of rape kits, in terms of third -parry involvement, how many cases, and processing time. She added she requested additional information at a previous discussion but never received it. Police Chief Gannon stated every rape kit is submitted directly to the BCA, and the City does not use a third party for submittal of rape kits. He added the kits are not maintained at the Brooklyn Center Police Department. Councilmember Graves asked if the Police Department follows up with the BCA. Chief Gannon stated the Police Department follows up with the victim and begins an investigation. He added kits are often submitted to hospitals without a name, but the Police Department still submits them to the BCA for statistical purposes, and they are processed and investigated. Councilmember Graves stated any additional information would be appreciated. She added a community member has reached out to her for information a few times. Chief Gannon agreed to provide an investigation timeline and information on the number of kits currently being processed. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS TOBACCO LICENSE FOR JAMBO AFRICA 11/23/20 -1- Mr. Boganey stated a request was received from Simone Chambliss, owner of Jambo Africa, to apply for a tobacco license for her restaurant. He added Ms. Chambliss originally requested a tobacco license in 2018, and would have been allowed to apply for a tobacco license at that time if City Staff had the necessary additional information, and the application would probably have been approved, and a tobacco license granted to her. Mr. Boganey stated City Staff recommends that the City Council consider adopting a Resolution that would allow Ms. Chambliss to apply for a tobacco license as if it occurred in 2018. He added this would have no effect on the City's 15-license limit. Councilmember Butler asked whether the error related to the application was caused by the applicant or the City. Mr. Boganey stated City Staff did not have information regarding whether the application qualified for approval under the City's Zoning Code. He added, at the time, City Staff informed the applicant that there were issues related to the Zoning Code, and the applicant decided not to apply for a license. He noted it is City Staff s believe that the applicant would have applied for a tobacco license, which would probably have been approved, if the information had been given to her. Mayor Elliott requested that the Resolution be added to tonight's Regular Session Agenda, as it sounds like this was an error on the part of the City. Councilmember Ryan stated this is an issue of regulatory fairness. He asked whether the tobacco license is an appropriate use based on the Zoning Code where the business is located. He asked whether the City Council has discretion to approve or deny the application. City Attorney Troy Gilchrist confirmed this, adding the Zoning Code does not specifically identify hookah as a prohibited use. He added the proposed Resolution acknowledges that it should not be detrimental to this business that the Zoning issue was not previously addressed. He noted a license can be granted, and the City Council does not have much discretion, if an application is submitted for a permitted use. Councilmember Ryan asked whether the current local Ordinances and State laws pertaining to tobacco use, including 21-year old requirement to purchase tobacco, would apply to people who use the hookah, if a license were to be granted to this applicant. Mr. Gilchrist confirmed that all tobacco laws and ordinances related to the sale and use of tobacco would apply, regardless of when the license was issued. Councilmember Ryan asked whether hookah use would only be allowed outdoors, in compliance with the Minnesota Indoor Clean Air Act. Mr. Gilchrist confirmed this. He added there are some efforts on the part of the applicant to find a way around those requirements to have private samplings, but indoor smoking is prohibited by State law. He noted the Resolution and application would not provide exemption from any Codes or regulations. Mayor Elliott requested that this agenda item be added to the Regular Session Agenda under Item 10a. 11/23/20 -2- Mayor Elliott requested that the next Work Session Item to be addressed would be the Tobacco Ordinance, to stay on topic. TOBACCO ORDINANCE UPDATE Mr. Boganey stated, in June 8, 2020, the City Council received a request from the Association of Nonsmokers — Minnesota for consideration of a City Ordinance restricting the sale of flavored tobacco products, including menthol tobacco, to adult -only shops, as well as prohibiting the redemption of tobacco coupons and price discounts and setting a minimum price for cigarettes and chewing tobacco. Mr. Boganey stated Emily Anderson, representing Association of Nonsmokers — Minnesota, was present to give a presentation and provide additional information. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Elliott adjourned the Study Session to Informal Open Forum at 6:45 p.m. 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 the Study Session of the City Council of the City of Brooklyn Center held on November 23, 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 December 14, 2020, Regular Session. �LZ City Clerk 11/23/20 -3-