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HomeMy WebLinkAbout2020 11-23 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 23, 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, City Planner Ginny McIntosh, Fire Chief Todd Berg, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. Melissa Carey thanked the Councilmembers for considering the formation of a Civilian Review Board in Brooklyn Center. She added a similar review board was set up in St. Paul, which was audited by the University of Minnesota's Restorative Justice and Peacemaking Department. She noted she can provide a detailed report of that audit for the City Council. Ms. Carey stated a recommendation for St. Paul's Review Board was to remove Police Officers from the Committee, as there were voting discrepancies, and the Board should be reserved for civilians. She added the Chief of Police ultimately makes all the decisions, and the community's role is to provide recommendations. Simone Chambliss asked if she is on tonight's agenda. Mayor Elliott confirmed that Ms. Chambliss' request for a tobacco license will be reviewed under Agenda Item 10a. 2. INVOCATION Councilmember Kris Lawrence -Anderson read the following quotes as an Invocation: "The purpose of life is not to be happy. It is to be useful, to be honorable, to be compassionate, to have it make some difference, that you have lived and lived well." -Ralph Waldo Emerson 11/23/20 -1- "The purpose of human life is to serve, and show compassion and the will to help others." -Albert Schweizer 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, City Planner Ginny McIntosh, Fire Chief Todd Berg, 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 Graves moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with the addition of Agenda Item 10a, Resolution Approving Application for Tobacco License, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 9, 2020 — Study Session 2. November 9, 2020 — Regular Session 3. November 9, 2020 — Work Session 6b. LICENSES Gasoline Service Station Casey's Retail Company DBA Casey's General Store #3823 211 Freeway Blvd Northern Tier Retail LLC DBA Speedway - 1901 57th Ave N Northern Tier Retail LLC DBA Speedway - 6950 Brooklyn Blvd Northern Tier Retail LLC DBA Speedway - 6545 West River Rd YD Holdings LLC DBA Holiday Stationstore #3808 1 SE Convenience Blvd Ankeny IA 50321 500 Speedway Dr Enon OH 45323 500 Speedway Dr Enon OH 45323 500 Speedway Dr Enon OH 45323 12500 Empress Ct Apple Valley 55124 11/23/20 -2- 5710 Xerxes Ave N Mechanical Licenses BSI Mechanical Inc Erickson Plumbing Heating Cooling NAC Mechanical and Electrical Services Secondhand Goods Dealer GameStop #535 6068 Shingle Creek Pkwy Tobacco Related Product Burr St Market Inc DBA Quick Shop Casey's Retail Company DBA Casey's General Store #3823 211 Freeway Blvd Leng Ku DBA Sun Foods Royal Tobacco Walgreens Company 6390 Brooklyn Blvd YD Holdings LLC DBA Holiday Stationstore #3808 5710 Xerxes Ave N RENTAL RENEWAL (TYPE IV — one year license) 2913 Nash Rd RENEWAL (TYPE III — one-year license) 6737 Humboldt Ave N Humboldt Square Apartments 3614-16 50th Ave N RENEWAL (TYPE II — two year license) 7025 Drew Ave N 7031 Humboldt Ave N 10327 Flanders St NE Blaine 55449 1471 92nd Lane NE Blaine 55449 1001 Labore Industrial Court Ste B Vadnais Hgts 55110 625 Westport Parkway Grapevine TX 76051 5808 Xerxes Ave N Brooklyn Center 55429 1 SE Convenience Blvd Ankeny IA 50321 6350 Brooklyn Blvd Brooklyn Center 55429 5625 Xerxes Ave N Brooklyn Center 55430 PO Box 901 Deerfield IL 60015 12500 Empress Ct Apple Valley 55124 Chen Zhou Todd Glorvick / Humboldt Square Ventures William Lang / WLG Holdings LLC Dave Swartout IH3 Property Illinois 11/23/20 -3- RENEW,4L (TYPE I — three-year license) 5415 69th Ave N Maranatha Place 5240 Drew Ave N 6915 Humboldt Ave N Lynwood Pointe Apartments 2307-09 54th Ave N 3 819 61 st Ave N 5101 63rd Ave N 3224 67th Ave N 6261 Brooklyn Dr 7048 France Ave N 6670 Xerxes PI Center Park Senior Apartments Bradley J Schumacher - met requirements Steven Scott Management James Johnson Fred Hanus Adedamola Ogundipe Haymant Dasarth - met requirements Ruben Zempoaltecatl Tai Hon Dolores Ann Fischer 6e. EXTENSION OF AUDIT SERVICE PROFESSIONAL CONTRACT 6d. RESOLUTION NO. 2020-110 AUTHORIZING THE EXECUTION OF A FOUR-YEAR CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES 6e. RESOLUTION NO. 2020-111 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, MUNICIPAL LIQUOR STORE #1 CONSTRUCTION 6f. RESOLUTION NO. 2020-112 RATIFYING THE APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR BROOKLYN CENTER EDA FIRST ADDITION AND AUTHORIZING FINAL PLAT RECORDING 6g. RESOLUTION NO. 2020-113 EXPRESSING APPRECIATION OF THE DONATION OF A GRILL FROM MILLS FLEET FARM TO THE BROOKLYN CENTER FIRE DEPARTMENT 6h. ORDINANCE NO. 2020-114 AMENDING ORDINANCE NO. 2018-08 REGARDING COUNCIL SALARIES FOR 2021-2022 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. COVID-19 IMPACT ON HENNEPIN COUNTY AND BROOKLYN CENTER Deputy City Manager Reggie Edwards presented a review of the impacts of Covid-19 on residents of Hennepin County and Brooklyn Center. Every effort is being made to assist and support residents, as well as track information and data related to the virus. Fire Chief Todd Berg has been the City's Emergency Manager and point person in this effort. Information has been gathered that 11/23/20 -4- provides a better assessment regarding management strategies, and data that compares impacts on the County and City to determine which responses, strategies and actions are most effective. Dave Johnson, Program Manager with Hennepin County Department of Health's Covid-19 Epidemiology Surveillance and Investigation Division, gave a presentation on the impact of Covid-19, with over 1,000 new cases every day in Hennepin County, as well as an increase in hospitalizations and deaths. He added he has been in close contact with Chief Berg for many months. Mr. Johnson stated Covid cases are rising outside the metro area at a faster rate than within the metro area, but the risk extends across the entire state, including all parts of Hennepin County. Brooklyn Center has experienced infection rates that are 1-2.5 times higher than the rest of Hennepin County. He added there are many factors that could contribute to the high rate of infection in Brooklyn Center, including a high percentage of the population between the ages of 20-44 years. Other factors include longstanding health inequities; crowded housing conditions and lack of housing; unemployment and social isolation, and food insecurity. Mr. Johnson stated experts continue to stress the importance of physical distancing, wearing masks and washing hands. He added Hennepin County Department of Health has resources that are available regarding the virus, community testing, and other information and data. The County's Take Care Hennepin campaign emphasizes care prevention methods, featuring real people in Hennepin County in ads that will run on various platforms throughout the community, and prioritizes outreach and education. The campaign will be translated into multiple languages. Community engagement is a strong component of the campaign. Ivan Lui, representing Brooklyn Bridge Alliance for Youth, stated resident surveys that were conducted earlier in the pandemic, in cooperation with Brooklyn Park, to get community feedback and comments on what resources are needed. Federal CARES funding has been used to start a mobile public health project, bringing resources to apartment complexes and demographic groups that have been affected by Covid. Mr. Lui stated many residents are unable to implement the recommended guidelines, because they don't have the resources to stay home or purchase the needed equipment, or isolate from others who may be sick. Residents also tend to get their information from people they trust and are not always up to speed on the most current Covid-19 guidelines. Residents want to be empathized, reassured and supported. Fire Chief Todd Berg stated the City of Brooklyn Center has implemented plans and programs to help fight Covid-19 in the community. He added the State of Minnesota introduced a phone app, "Covid Aware MN" providing social distancing reminders and notifications. He noted the app will not take the place of contract tracing. Mayor Elliott stated this is all good information, but there are still a lot of questions. He stressed the importance of rising to the challenge to help prevent the spread of Covid in the community. 11/23/20 -5- Councilmember Graves thanked Chief Berg for the information on the new phone app. She added the app uses Bluetooth technology to identify someone near you who has tested positive for Covid, and it is a completely voluntary service. Councilmember Graves stated food distribution partnerships with the schools have been successful. She added residents communicate better with someone they know and trust. She asked whether City Staff will be able to utilize those connections more intentionally and consistently. Dr. Edwards confirmed this, adding City Staff plans to utilize connections within the community to share information and messages about Covid. Mr. Boganey stated City Staff will provide for the City Council a list of various community partners that have been providing information, support and resources for residents. He urged the City Council to reach out to City Staff if they are aware of a respected leader or organization that the City should be partnering with. Mayor Elliott asked whether the PowerPoint presentation is available online. Dr. Edwards agreed to provide that for the City Council. Mayor Elliott thanked Mr. Johnson for the work he has been doing at the County level. He requested clarification regarding the rates of infection in Brooklyn Center, that Mr. Johnson indicated are 1.5-2 times higher than the rest of the County. Mr. Johnson confirmed this, showing infection rate comparisons. Mayor Elliott asked when the County started to gather City level data on Covid. Mr. Johnson stated data collected starting in April 2020. Mayor Elliott asked where the data comes from. Mr. Johnson stated the data is from the Minnesota Department of Health. Mayor Elliott asked whether there is data on mortality rates. Mr. Johnson stated mortality rates were not included in his presentation but that data is shown on the racial disparities slide. Mayor Elliott stated Brooklyn Center has higher rates of infection because Covid disproportionately affects communities with people of color. He added some indicators are housing and food security. Mr. Johnson confirmed this, adding differences in opportunities for health care and wellness, as well as social conditions, are driving disparities. Mayor Elliott asked Mr. Johnson to summarize why Brooklyn Center is seeing an increased rate of infection. Mr. Johnson stated it is not known what is exactly driving the rate in real time, as certain behaviors are still being studied and reviewed. He added, for instance, there may be differences in masking behavior, and social distancing. He noted it is believed that the disproportionate number of cases in Brooklyn Center is partly due to the demographics of the community, with a younger, more diverse population and residents who are more at risk of disease than the County as a whole. 11/23/20 -6- Mayor Elliott asked whether the County Department of Health works directly with community organizations in Brooklyn Center, to help find connections and important messengers to reach people. Mr. Johnson confirmed this, but added that is not his particular area of expertise. He added a full explanation would have to be provided by County staff who do that type of work. He added the County currently working with 26 messengers across the County, 11 of which are working in northwest Hennepin County, which includes Brooklyn Center. He noted the County is partnering with Brooklyn Bridge Alliance on mobile testing and mobile health units. Mayor Elliott asked whether mitigation is the primary strategy, along with outreach and the "Take Care" campaign. Mr. Johnson stated County staff engage in significant work in case investigations, which involves reaching out to individuals and their contacts regarding quarantine efforts; doing community testing and preparing vaccinations when they are available. He noted it is a multi -faceted approach that utilizes a number of different strategies. Councilmember Graves asked whether there are any updates about the new testing site that will be located in the former Target building. Mr. Johnson stated he does not have any information about that. Mr. Edwards stated North Memorial Health is implementing the testing site and the former Target building. He added Community Development Director Meg Beekman is the point person for planning and implementation. Councilmember Graves asked whether the County is behind in contact tracing efforts. She added she works at the City of Minneapolis, and they are behind in their efforts as well. Mr. Johnson confirmed this, as the increased number of cases has outstripped staff s capacity to be able to reach everyone in a timely manner. Councilmember Graves requested clarification regarding hospital bed capacity in the community. Mr. Johnson stated it is generally described as being at a critical level right now. He added the County is asking people to work hard to maintain social distancing, wear masks, and protect health care workers. Fire Chief Berg stated, with regard to the testing site at the Target building, the contractor and North Memorial are hoping to have the testing site up and running within one week, if not sooner. He added it will be a nasal swab facility. Mayor Elliott asked whether the rates of vaccination will be higher in Brooklyn Center because of the high rates of infection. Mr. Johnson stated he is unsure, but County staff are actively working on vaccination planning and preparation, which is also not his area of expertise. He noted he could get back to the City Council with a more detailed answer. Mayor Elliott confirmed he would like to receive that information. 11/23/20 -7- Councilmember Graves stated, in her role at Minneapolis Department of Health, she works with other staff to train community partners and leaders to hold conversations about the vaccine, and get feedback about how it should be rolled out. She added, especially in Brooklyn Center, which does not have a Health Department, it will be imperative to do community outreach, and help community members understand the safety aspects of the vaccine, as well as historical implications of why some people are wary of vaccinations. She noted she hopes the County can engage in that type of community outreach. Mr. Johnson thanked Councilmember Graves for that suggestion, as vaccine communication will be a big part of what lies ahead. He stressed the importance of remaining attentive to these specific types of concerns and connecting with trusted messengers in leading those conversations. He agreed to connect with the County's head of outreach and communications, at the Mayor's request, to see if there are opportunities for more follow-up. Mayor Elliott asked how the City of Brooklyn Center compares to the rest of the County. He asked if there is a ranking, and where Brooklyn Center falls. Mr. Johnson stated he does not have that specific data, but Brooklyn Center has been in the top 5 or 10 cities in Hennepin County during periods of increased infection rates. He added other counties now have rates that are much higher than Hennepin County in general, and Brooklyn Center in particular. He noted that it is not so much a matter of whether a specific area is at risk, but understanding that the risk is all around us, and people need to continue to think about the choices they make when interacting with others, and take that very seriously. Councilmember Ryan stated the age group showing increased rates of infection are people who go to work every day, using public transportation, working in certain job categories. He stressed the importance of the universal use of masks and social distancing, and to keep sending that message, that everyone has to be vigilant and responsible. Councilmember Graves stated the messages coming from government entities can often be dry and boring, and sometimes catchy messages can get people to pay attention. She added that can be difficult to accept as it goes against the normal way of getting information out, but it would be a good idea to think of better, more creative and innovative ways to communicate precautions. Mayor Elliott agreed, stating it is important to craft the message to ensure that it is fitting for the audience. Mayor Elliott thanked the presenters this evening for their presentation and for the hard work they are doing on behalf of the community. He encouraged everyone to keep working, getting the word out, dealing with risks associated with Covid-19 and its long-term consequences that have yet to be seen, in the community and throughout the world. 7b. BROOKLYN CENTER BCTC PUBLIC ART INITIATIVE 11/23/20 -8- Dr. Edwards stated City Staff have been working on a public art initiative at the Transit Hub that started prior to the pandemic and focused on opportunities to provide art or develop art projects on an ongoing basis. After the pandemic started, City Staff considered how to continue to engage and involve the community, and move forward with public art. One idea included messaging around Covid for public transit users, including related concepts like social distancing and wearing masks. Two local artists have been engaged to work on this public art effort, which will culminate in art project displays at the transit hub. Chloe Cotherman, project coordinator, stated she is an art teacher in the Brooklyn Center Middle School and High School STEAM program. She added the opportunity came up to collaborate with the City and Metro Transit to lead a public art initiative. She noted she appreciates that art is being considered for a creative solution for place -making, community building, and community engagement. Ms. Cotherman recognized other project leaders: Dr. Reggie Edwards, Dr. Angel Smith, Armando Oster, and Mark Granlund, Metro Transit Public Art Coordinator. Ms. Cotherman stated Brooklyn Center has an ongoing community beautification and public art initiative, but this unique challenge addresses community concerns related to health and safety. She added the Covid-related art project will encourage residents to take ownership and pride in their diverse and thriving community. She noted community members were encouraged to submit artwork that would be displayed on monitors in the transit center, depicting how residents are handling the pandemic, and how they address it in their families and communities. She presented images of artwork submitted by students. Ms. Cotherman stated it is intended that the transit hub art initiative will be an ongoing project, with no specific deadline. She added an important aspect of the project is the hiring of artists teachers, who were selected based on submitted artwork and an interview process. She noted artists were chosen based on their connection to the community, who are interested in community engagement, and willing to take that on as part of the commission; engage in art with residents, and provide details of their project. Ms. Cotherman stated the first artist is Anika Schneider, who put together over 100 mask kits for creating a DIY face mask design. Ms. Schneider held two online workshops on pattern -making and mask -wearing as a form of personal expression. She created an online forum with tutorials to show how her art was developed. Ms. Cotherman stated Kao Lee Thao, another local artist, made and distributed over 100 art kits with wooden silhouette cutouts for people to paint and decorate. She held two online workshops and a painting workshop, while having conversations with the participants. She created an online forum to share her developing public art piece, with input from community members. Ms. Cotherman stated Kao Lee Thao's art kits were distributed at the community center front desk, through Rec on The Go, middle school and high school teachers, and delivered to residents' homes. There was a concerted effort to ensure that all community groups were reached within Brooklyn 11/23/20 -9- Center, including indigenous families, essential workers, and residents of the Sanctuary assisted living center. Ms. Cotherman introduced artist Annika Schneider, a graduate of MCAD and a narrative painter, has been inspired by people's face masks as an indicator of individual identity, a sense of cultural identity, and a show of care and compassion for themselves and others. Ms. Schneider was inspired by the idea of the transit hub being an access point for many people from different cultures, and some of her art is based on the MAC transit route. Ms. Cotherman stated Kao Lee Thao is also a local artist, who creates life-size or bigger painted metal silhouettes. She engaged in community outreach, asking for words and stories to describe the lives of Brooklyn Center's residents. Both artist's works will be placed around the exterior of the building, telling distinct, unique community -based stories. It is hoped that the artworks will be installed at BCTC by the end of June 2021. Ms. Cotherman stated approximately 20 submissions have been received for the BC Art Showcase, and the project leaders will continue to reach out to local artists, teachers, and students. Councilmember Graves stated she likes the initiative and the showcase. She asked whether artists could submit artwork that could be written, video or audio, and not just visual art. She added she has thought about the possibility of a video contest, with artists making TikTok videos with ideas and messaging. Ms. Cotherman stated she loves that idea, although the format will need to be without sound. She added it can definitely be written, or video or audio, which is a great way to make it more inclusive of other art forms. Councilmember Graves asked whether there was participation in the workshops with the local artists. Ms. Cotherman stated there was a decent level of engagement, although the artists would have liked to have more. She added it is a difficult time during the pandemic to get people to attend workshops. She noted other here are many different opportunities for involvement that can be measured. Councilmember Graves agreed, but added it is nice to have an actual estimate of participation and engagement. She asked, from a City Staff perspective, whether it could become an issue to share sites and links on the City's website for videos or workshop links that are not within the City's domain. Mr. Edwards stated the artists have entered into contracts with the City to use their work and videos. Councilmember Graves asked about the artists' backgrounds, and whether they have connections to Brooklyn Center. Ms. Cotherman stated Kao Lee lives in Northeast Minneapolis but has family in Brooklyn Center. She added she has lived in many different metro area cities. She noted Ms. Schneider lives in 11/23/20 -10- North Minneapolis and wants to work with communities that are interested in telling their stories through art. She is also interested in representing diverse stories through her art. Ms. Schneider stated she is an active member of the metro area community, and the art community in particular. Councilmember Graves thanked Ms. Cotherman for her presentation, and for the work she is doing. She added it may not feel tangible, but the reality is that it is very powerful, and who knows what else might unfold. Mayor Elliott thanked Ms. Cotherman for her presentation. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2020-114 REQUESTING APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR MOUND CEMETERY SECOND ADDITION (3515 69Tn AVENUE NORTH AND COUNTY IDENTIFIED AS 6705 BEARD AVENUE NORTH) City Planner Ginny McIntosh reviewed a request for preliminary and final plat approval for Mound Cemetery 2nd Addition, or the southern end of the cemetery known as Freeway Park. The applicant is Public Works Director Doran Cote on behalf of the City of Brooklyn Center. A public hearing notice was published in the newspaper before the Planning Commission meeting, and notices sent to nearby properties. Ms. McIntosh stated a 75-year lease was approved between Mound Cemetery Association and Brooklyn Center for the southernmost 4 acres, intended for park use. The lease was recorded and set to expire in 2044. In December 2013, the Cemetery Association approached the City to request that the lease be vacated and transitioned back to the cemetery due to an increased interest in natural burial as well as different types of burial requirements based on cultural customs, including an east -west burial configuration. The Association agreed to dedicate 1 acre of land for park use, and in January 2020, the City Council approved a Resolution authorizing execution of a Memorandum of Understanding (MOU). Ms. McIntosh stated the Planning Commission held a public hearing on November 12, 2020 with questions related to existing improvements outside of the 1-acre parcel, including a baseball field and basketball court, as well as questions about the community engagement process. Ms. McIntosh stated the Planning Commission recommended approval of Planning Commission application 2020-009 for preliminary and final plat approval of Mound Cemetery Second Addition located at 3515 69t` Avenue North. 11/23/20 -11- Councilmember Graves asked about the different types of burial requirements, including the east - west configuration. Michael Howe, Mound Cemetery Association, stated he is the President of the Association Board. He added the motivation has been the increased need for plots, in consideration of meeting the needs of the community. He noted Muslim burials have an east -west orientation, so it has been necessary to consider ways to reframe the plotting of the cemetery to allow for that as it represents a change in the space we need to provide services to the communities we serve. Councilmember Graves stated Mound Cemetery presumably serves the people of the Brooklyn Center community, and the master plan for Freeway Park should incorporate ways to connect with and include aspects of the adjacent cemetery. She added this would include leveraging the geographic and cultural connections within the City. Mr. Howe agreed, adding he spoke with Ms. Cotherman about ways to bring community public art into the cemetery to make those types of connections. He added the cemetery works with a mosque in Brooklyn Park, among other mosques. He noted the cemetery is an undiscovered community asset, and the Association Board appreciates the City's willingness to take on the challenges of designing a smaller park and amenities. Mayor Elliott asked whether the name of the cemetery is reflective of Native American burial mounds in the area. Mr. Howe stated the cemetery is over 150 years old, and it was named Mound Cemetery because of the Native American burial mounds located across the road in the park. He added the Cemetery Association is proud of the cemetery's rich heritage and history. Councilmember Lawrence -Anderson asked for the phone number of the cemetery, and whether there are any vacancies. Mr. Howe stated there is information about the cemetery, including contact information, on the Mound Cemetery website. He added the cemetery is a great example of a small-town cemetery within a big city, with an emphasis on community and family. Councilmember Lawrence -Anderson stated her great, great, great grandmother was 100% Native American. She added she is proud of that fact, although her grandfather was not as supportive, as he was ashamed of the half-breed situation. She noted she completely supports Native American culture. She thanked Mr. Howe for all he is doing. Councilmember Graves stated she knows Councilmember Lawrence -Anderson was not trying to be hurtful or politically incorrect but she found a few of the comments were a little abrasive and triggering for her. She added she knows and loves Councilmember Lawrence -Anderson, but she could have been a little more graceful with her comments. Councilmember Graves stated Mr. Howe mentioned the rich history and heritage of the cemetery. She asked whether there are Native American burial mounds in the cemetery, and if so, whether there has been consideration of formal acknowledgement for preserving and protecting sacred land. 11/23/20 -12- Councilmember Graves stated her previous comments were made in love for her fellow Councilmember, but she was extremely put off by her fellow Councilmember's insensitive statements. Mr. Howe stated he appreciates and understands Councilmember Grave's comments. He added end of life issues are always emotional and personal. He added the Native American burial mounds are located across the street near the lake, and not within the cemetery. He noted nothing has been found within the cemetery over its 150-year history. Councilmember Graves asked City Staff the same question, whether there has been consideration of preservation of sacred land. Mr. Boganey stated, to the best of his knowledge, the City has not done any research with respect to burial mounds in City -owned parkland, but it sounds like that should be done. He added he will provide follow-up information for the City Council. Mayor Elliott stated representatives of the Brooklyns Historical Society have indicated that burial mounds were destroyed to make way for trails in the park across from the cemetery. He added, as part of the City's research, it would be helpful to find information about that claim. Mr. Boganey agreed. Mr. Howe requested that the City reach out if the cemetery can be of any assistance. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020-114 approving Planning Commission Application No. 2020-009 for Preliminary and Final Plat Approval for Mound Cemetery Second Addition (3515 69t' Avenue North and County Identified as 6705 Beard Avenue North). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO.2020-115 APPROVING A TOBACCO APPLICATION FOR JAMBO AFRICA RESTAURANT Mr. Boganey reviewed a proposed Resolution that would allow Jambo Africa Restaurant to submit a tobacco license application. He added this issue was discussed at the Study Session earlier this evening, and the City Council agreed to move it to the Regular Agenda for approval. He noted the application would allow hookah use on the outdoor patio at Jambo Africa Restaurant and would be limited to outdoor spaces due to the Minnesota Indoor Clean Air Act. Mr. Boganey stated this application is being considered despite the City's cap on tobacco licenses due to issues related to the applicant's original 2018 license application. Councilmember Lawrence -Anderson stated the City Ordinance was amended in 2014 to not allow hookah. Mr. Boganey stated the current Ordinance does not disallow the use of hookah. He requested clarification from the City Attorney. 11/23/20 -13- Mr. Gilchrist stated he is not aware of hookah being specifically mentioned anywhere in the Code. He added there may have been a temporary moratorium in 2014 which did not result in a permanent restriction. Mayor Elliott asked City Staff to determine whether there is any record from 2014 to indicate that a moratorium was placed on hookah licenses. Mr. Gilchrist agreed to do a quick search for hookah. Councilmember Lawrence -Anderson stated she is absolutely sure that in November 2014, former Mayor Willson agreed that there should be a moratorium on hookah lounges. Mr. Boganey stated a local restaurant, Jammin Wings, currently has a tobacco license and they have an outdoor hookah facility. He added if current Ordinance does not disallow hookah use, it would not be possible to impose such a restriction now. Mr. Gilchrist agreed. He added City Planner McIntosh reviewed City records and indicated there was a reference to a 90-day moratorium on hookah use that occurred some time ago. He added Councilmember Lawrence -Anderson's memory is correct, but there is nothing in the current City Code that restricts hookah use. He noted since the use is allowed, there is no basis to deny the request. Councilmember Ryan stated this Resolution will resolve an issue of regulatory fairness, as an oversight occurred that was never addressed. He added the impacts of tobacco use are well - documented and are of concern to policy makers who turn their minds to health and safety issues. He noted it would be beneficial to revisit this issue, especially since hookah is a more concentrated use of tobacco products and could potentially have a greater health impact. Councilmember Butler stated she agrees with Councilmember Ryan's statements. She added the approval of this license goes against the City Council's expressed values related to the health and wellness of the City's residents. She noted, however, this Resolution will address an error in the way the license request was originally handled, and she supports allowing the application. Councilmember Lawrence -Anderson expressed her disappointment as she thought a ban on hookah was placed in 2014. She added she does not want hookah lounges in Brooklyn Center and she cannot support this Resolution. She noted this issue should be reviewed and resolved at a Work Session. Councilmember Graves stated she agrees it is important to put limitations on tobacco use, and the City has already taken measures towards that end, including T-21 and moving toward restricting sales of flavored tobacco and e-cigarettes to adult -only stores. She added she knows Simone well, and she is a long-time local business owner. She noted there is a lot to be said about the way hookah resonates for specific community members, and it is the City's mistake that this issue was not resolved for Ms. Chambliss in 2018. She expressed her support of giving Ms. Chambliss the opportunity to apply for the tobacco license and meet the necessary requirements. 11/23/20 -14- Councilmember Graves moved and Councilmember Elliott seconded to adopt RESOLUTION NO. 2020-115 approving a tobacco license application for Jambo Africa Restaurant. Discussion during the motion: Mr. Gilchrist stated, for purposes of clarification, the Resolution will approve issuance of a license if the owner submits an application and qualifies for the license. He added this issue will not be reviewed again by the City Council at a future meeting. Councilmember Ryan stated the City Council must abide by the Ordinance as written, during the fraught time in which the Ordinance has application. He added he votes to support this Resolution with regret because he does not support hookah lounges. He noted he feels the City Council is duty-bound to approve the application on the basis of regulatory fairness. Mayor Elliott stated he associates himself with the previous gentleman's comments. Motion passed 4-1 (Councilmember Lawrence -Anderson voted nay). 11. COUNCIL REPORT Councilmember Graves stated the Met Council's Land Use Advisory Committee has come up with an Economic Values Atlas, based on a model that is being used in Portland, Oregon, to assess development opportunities and options for economic development. She added the Atlas was presented to the Livable Communities Board, and she wanted to bring it to the attention of the City Council and City Staff. Mr. Boganey agreed to pass the information along to Community Development Director Meg Beekman. He added she serves on the Livable Communities Board. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:41 p.m. Motion passed unanimously. 11 /23/20 -15- 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 Regular 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. 1 11/23/20 -16-