HomeMy WebLinkAbout06-12-23 CCPCouncil Study Session
City Hall Council Chambers
J une 12, 2023 AGE NDA
1.City Council Discussion of Agenda Items and Questions - 6 p.m.
a.Disclaimer
T his meeting is being televised and we request that the participants refrain
from making personal attacks, air personality grievances, political
endorsements or political campaigning.
2.M iscellaneous
3.Discussion of Work S ession Agenda Item as T ime P ermits
4.Adjourn
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
J une 12, 2023
AGE NDA
1.Informal Open Forum with City Council - 6:45 p.m.
This is an opportunity for the public to address the City Council on items that are not on the agenda. It
is limited to 15 minutes. It may no t be used to make personal attacks, air personality grievances, make
political endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with the presenter. Questions fro m the Council will be for clarificatio n purposes only. It will
not be used as a time fo r proble m-solving or reacting to the comments made but for hearing the
presenter for informational purposes only.
The first call will be for those that have notified the Clerk that they would like to speak during the
open forum and then ask if any one connec ted to this meeting would like to speak. W hen called
upon, please indicate your name and then proceed. Please be sure to state your name before
speaking.
2.Invocation - Butler - 7 p.m.
3.Call to Order Regular Business M eeting
Attendees please turn o ff cell phones and pages during the meeting. A copy of the full me e ting packet
is available in the binder at the entrance to the Council Chambers.
4.Roll Call
5.P ledge of Allegiance
6.Approval of Agenda and Consent Agenda
These items are considered to be routine by the C ity Council and will be enacted by one
motion. There isn't a separate discussion for these items unless a Counc ilmember so requests,
then it is moved to the end of the Council Consideration I tems.
a.Approval of Minutes
- motion to approve the following meetings:
April 24 Work Sessi on
May 8 Regular Session
May 22 Study Session
May 22 Regular Session
May 22 Work Session
b.Approval of L icenses
- motion to approve the licenses as presented.
c.Resolution A pproving the L abor Agreement for the L aw E nforcement L abor
Services, I nc. (L E L S NUMB E R 512) and the City of Brooklyn Center for the
Period Beginning May 22, 2022, 2023, and 2024
- motion to approve a resolution approving the Labor Agreement for the Law
Enforcement Labor Services, Inc. (L EL S NUMBER 512) and the City of
Brooklyn Center for the period May 22, 2022, years 2023 and 2024.
d.Resolution A pproving the L abor Agreement for L aw Enforcement L abor
Services, I nc. (L E L S NUMB E R 520) and the City of Brooklyn Center for the
Period Beginning May 22, 2022, years 2023, and 2024
- motion to approve a resolution for the Labor Agreement for Law
Enforcement Labor Agreement, Inc. (LELS NUMBER 520) and the City of
Brooklyn Center for the period beginning May 22, 2022, years 2023, and
2024
e.An Ordinance A mending Chapters 1, and 4 of the City Code of Ordinance
Regarding A nimal Waste, and S torage of Deicing Materials (1st reading)
- motion to approve a first readi ng of the requested ordinance Amending
Chapters 1, and 4 of the City Code of Ordinance Regarding animal waste,
and storage of dei cing materials, and set a second reading and public
hearing for June 26, 2023.
f.Resolution A ccepting Bid and Awarding a Contract, I mprovement P roject
Nos. 2023-01, 02, and 03, 2023 Street and Utility I mprovements
- motion to approve the resolution accepting the lowest responsible bid and
award a contract to Northwest, for Improvement Project Nos. 2023-01, 02,
and 03, 2023 Street and Utility Improvements.
g.Resolution A ccepting Bid and Awarding a Contract, I mprovement P roject
Nos. 2023-04 and 05, 2023 Trail and Parking L ot I mprovements
- motion to approve the resolution accepting the lowest responsible bid and
award a contract to Bituminous Roadways, Inc., for Improvement Project
Nos. 2023-04 and 05, 2023 Trail and Parking Lot Improvements.
h.An Ordinance A mending Chapter 35 of the City Code of Ordinance
Regarding A pplication Requirements for L and Disturbance Permits (1st
reading)
- motion to approve a first reading of the requested ordinance Amending
Chapter 35 of the City Code of Ordinance Regarding application
requirements for land disturbance permits, and set a second reading for
June 26, 2023. The public hearing for this item was held at Planning
Commission on June 8th, 2023
7.P resentations/Proclamations/Recognitions/Donations
a.Proclamation Recognizing the 2023 Graduating Class B rooklyn Center High
School, the E arly College Academy, and I nsight School of Minnesota
- motion to accept the proclamation
b.Proclamation Declaring J une 14, 2023, "F rieda F arley Day" as she
Celebrates her 103 B irthday
- motion to accept the proclamation
c.Proclamation Declaring the Month of J une as Pride Month
- motion to accept the proclamation
8.P ublic Hearings
a.An Ordinance Vacating Certain E asements W ithin L ots 1, 2, and 3, B lock 6,
Wangstad’s B rooklyn Terrace, Hennepin County, Minnesota in the City of
Brooklyn Center, Minnesota
- motion to:
open the Public Hearing,
take public input,
close the Public Hearing; and
consider approval of an ordinance vacating certain easements as
referenced above that are associated with the Wangstad Commons
site redevelopment in connecti on with the proposed fi nal plat of
Wangstad’s Brooklyn Terrace Second.
9.P lanning Commission Items
10.Council Consideration Items
a.An I nterim Ordinance A uthorizing a S tudy and I mposing a Moratorium on the
Operation of a Cannabis B usiness W ithin the City of Brooklyn Center
- motion to approve the first reading of an interim ordinance authorizing a
study and imposing a moratorium on the operation of a cannabis business
within the City of Brooklyn Center
11.Council Report
12.Adjournment
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:Barb S uciu, A ssistant City Manager/C ity C lerk
S U B J E C T:A pproval of Minutes
Requested Council A con:
- moon to approve the following meengs:
April 24 Work Session
May 8 Regular S ession
May 22 S tudy S ession
May 22 Regular S ession
May 22 Work S ession
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee6ngs must be documented
and approved by the governing body.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
AT TA C H M E N TS :
D escrip6on U pload D ate Type
4.24 Work S es s ion 6/7/2023 Backup M aterial
5.8 Regular S ession 6/7/2023 Backup M aterial
5.22 S tudy S es s ion 6/7/2023 Backup M aterial
5.22 Regular S ession 6/7/2023 Backup M aterial
5.22 Regular S ession 6/7/2023 Backup M aterial
5.22 Work S es s ion 6/7/2023 Backup M aterial
4/24/23 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
APRIL 24, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session
called to order by Mayor/President April Graves at 8:09 p.m.
ROLL CALL
Mayor/President April Graves and Councilmembers/Commissioners Marquita Butler, Kris
Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie
Edwards, Interim Community Development Director Jesse Anderson, Public Works Director
Elizabeth Heyman, and Assistant City Manager/City Clerk Barb Suciu.
SHINGLE CREEK CROSSINGS UPDATE
This item was addressed during the Study Session.
ESTABLISHING A NEW FEE FOR COMMERCIAL VACANT BUILDINGS
City Manager Reggie Edwards introduced the item and invited Interim Community Development
Director Jesse Anderson to continue the Staff presentation.
Interim Community Development Director Jesse Anderson explained the City has a vacant
building program for residential and commercial properties. Properties that have been identified
by City Staff as vacant for 30 days or more are required to be registered. Staff will post the
property as a vacant building and send a compliance notice to the owner of the record to register.
Mr. Anderson stated the current fee is $400 for the registration and $195 for the inspection. Both
fees are paid together at the time of registration. When a property registers as a vacant building,
code enforcement inspectors will complete a drive-by of the property periodically to ensure that
the property is maintained and secured.
Mr. Anderson pointed out commercial properties are subject to the same requirements; however,
commercial properties often require additional staff time in monitoring the properties and
coordinating maintenance with property management companies. Further, due to the time it takes
to re-occupy or redevelop commercial properties, they are also vacant for longer periods than
residential properties.
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Mr. Anderson noted, similar to residential vacant properties, regular inspections are conducted, but
for commercial properties, staff completes daily inspections. As part of the inspection staff walks
the property and checks on doors to ensure the property is still secured. When issues arise, staff
will document and send a compliance notice to the owner of the record and notify the property
management company. If the property is unsecured, staff will coordinate an inspection with BC
Police and/or BC Fire to ensure that no one is occupying the building and the property is not
damaged. As a precaution and depending on the nature of the issue, staff may do a second round
later in the day to ensure that the building
Mr. Anderson explained, due to the increased Staff time in monitoring commercial vacant
properties, Staff would like the City Council/EDA to consider adopting a separate commercial
vacant building fee. The initial registration is $400 with a $1,000 yearly renewal fee that goes up
to $3,000 after three years. An alternative would be $2,000 for the initial fee and $5,000 for the
renewal fee. Also, the initial fee could be more moderate at $1,000 with a $2,000 renewal fee.
Doing some quick calculations, $5,000 annually would not cover the Staff costs for the required
regular inspections.
Councilmember/Commissioner Kragness asked if the fee increase would increase the monitoring.
Mr. Anderson stated Staff is already providing the service, but they are looking to recoup the costs.
Councilmember/Commissioner Kragness asked if the City is currently at a loss due to the current
fee structure. Mr. Anderson confirmed the City is losing money for monitoring vacant commercial
properties at a $3,000 fee.
Councilmember/Commissioner Jerzak noted he helped to write the code item, so he cares deeply
about it. He pointed out the building would have to be completely vacant to qualify for the fee
payment. If the business owners are already losing money while trying to fill the space, it often
turns to rent instead of sales, which can be prohibitive to BIPOC business owners and other small
business owners.
Councilmember/Commissioner Jerzak added the City gets a hefty fee when the business owner
does any buildouts. In short, the City Council/EDA has to consider the cost of doing business.
The City Council/EDA has to consider if the fees would be passed along to a new business owner.
If there is an issue of resources, then Staff could ask City Council/EDA to address personnel and
staffing.
Councilmember/Commissioner Lawrence-Anderson asked if Brooklyn Center has a commercial
fee structure. Mr. Anderson stated there is a general fee structure, but it does not differentiate
between commercial and residential properties. He reiterated the fee structure.
Councilmember/Commissioner Kragness stated it would be helpful to know what the current costs
are so the City Council/EDA can understand the discrepancy. Mr. Anderson stated he could
complete a more official calculation and present it to the City Council/EDA. If a Staff person were
to conduct two 30-minute visits each week, it would cost the City about $5,000.
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Councilmember/Commissioner Kragness asked why Staff hasn’t brought the concern to City
Council/EDA earlier. Mr. Anderson stated there aren’t always a lot of commercial properties to
monitor, but there is a new commercial property becoming vacant.
Councilmember/Commissioner Jerzak asked if the costs have been absorbed by code enforcement
Staff. Mr. Anderson stated the budget covers the required Staff time. It is an opportunity to review
the cost of the service. Councilmember/Commissioner Jerzak noted the fee must be very clear
about when or if a fee could be refunded if rented shortly after the fees are paid.
Mayor/President Graves pointed out a sliding scale fee could be considered, along with the type
of building. For example, a library could use a smaller fee. Councilmember/Commissioner
Kragness stated the size of the vacant space could be used to calculate the fee.
Councilmember/Commissioner Jerzak added Brooklyn Center owns Target, and they may incur
fees themselves. The ordinance needs a lot of clarity to be enforceable.
It was the consensus of the City Council/EDA to instruct Staff to provide more information to the
City Council/EDA regarding establishing a new fee for vacant commercial buildings such as
proposed language and more official calculations.
BROOKLYN CENTER CITY COUNCIL COMMENTS ON HWY 252/94 DRAFT
SCOPING DECISION DOCUMENT
Dr. Edwards introduced the item and invited Director of Public Works Elizabeth Heyman to
continue the Staff presentation.
Ms. Heyman explained the Minnesota Department of Transportation (MnDOT), along with local
and federal project partners, are currently studying proposals to improve safety, address reliability,
and reduce congestion on Hwy 252 between Hwy 610 in Brooklyn Park and I-694 in Brooklyn
Center, and on I-94 from I-694 in Brooklyn Center to downtown Minneapolis.
Ms. Heyman noted, based on the comments and discussion City Council/EDA had with MnDOT
staff at the City Council meeting on April 20, 2023, Staff has drafted a letter that will serve as the
Council/EDA's public comment on the draft Scoping Decision Document. Staff are seeking
feedback on the draft letter.
Ms. Heyman added MnDOT is currently in an open comment period for the project. If the City
Council/EDA wants to submit public comments as a body, it must be adopted at the May 8, 2023,
City Council meeting.
Ms. Heyman stated MnDOT presented to the City Council/EDA recently and has recommended
further study in the Environmental Impact Study on three freeway options and all interchange
options.
4/24/23 -4- DRAFT
Ms. Heyman summarized the main themes from the City Council/EDA after the MnDOT
presentation that the demonstrated 252 safety issues must be addressed while protecting and
enhancing Brooklyn Center, MnDOT must take the health impacts of increased traffic and traffic
noise into account when evaluating the safety, the tax base implications must be considered when
evaluating alternatives, and the health, community livability, and equity through the scoping
process must be evaluated.
Ms. Heyman pointed out alternatives to the freeway including a six-lane expressway, a four-lane
low-speed arterial, a six-lane low-speed arterial, and a local collector road with a transitway.
Potential benefits of the alternatives include fewer or no property impacts and less or similar traffic
levels. She noted everything in the PowerPoint is MnDOT data.
Ms. Heyman added some tradeoffs for the aforementioned alternatives including vehicle safety,
transit advantages, local network traffic impacts, and vehicle mobility and reliabili ty. There are
also some downsides to the proposed freeway options.
Ms. Heyman showed a slide with images of the six-lane expressway and the six-lane low-speed
arterial roadway. The six-lane expressway has six lanes, signals, at-grade intersections, a bus
shoulder, and a speed limit of 55 miles per hour. The six-lane low-speed arterial roadway removes
the bus shoulder and has a lower speed limit of 35-34 miles per hour.
Ms. Heyman showed a slide with an image of a local collector road with a transitway. It would be
a very big change to disconnect 252 from 610. There would be a dedicated transitway, which
allows for a large transit advantage.
Ms. Heyman showed a table regarding vehicle safety, based on MnDOT’s definition, for a six-lane
expressway, a four-lane low-speed arterial, a six-lane low-speed arterial, and a local collector road
with a transitway. She noted the coloring is done by MnDOT. The local collector road with a
transitway has the best numbers in comparison to the no-build option.
Ms. Heyman showed a table regarding transit impacts for the six-lane expressway, a four-lane low-
speed arterial, a six-lane low-speed arterial, and a local collector road with a transitway. The six-
lane expressway includes bus-only shoulders, and the local collector road with a transitway has a
high level of transit advantage.
Ms. Heyman explained there are several traffic impacts. Reducing the capacity of Hwy 252 will
increase traffic on local roadways and vice versa. The local collector road with a transitway and
four-lane low-speed arterial roadway reduces Hwy 252 capacity. The six-lane expressway and the
six-lane low-speed arterial roadway maintain the traffic levels, and the freeway options decrease
traffic on local roadways.
Ms. Heyman showed a map depicting the traffic impacts for a local collector road with a
transitway. Noble Parkway in Brooklyn Park would have a 50 percent increase in traffic, which is
the largest impact on local roads. She then showed a slide with a table depicting the changes in
daily traffic values. The local collector road with a transitway would increase local traffic by up
4/24/23 -5- DRAFT
to 50 percent on various roads. The four-lane low-speed arterial roadway would have one large
local traffic impact, which would be a 31 percent increase on Dupont Avenue North with about
900 more vehicles throughout the entire day.
Ms. Heyman showed a table depicting vehicle mobility. By reducing Hwy 252 capacity, there
would be more congestion at intersections; this applies to the local collector road with transitway
and the four-lane low-speed arterial roadway. Maintaining the Hwy 252 capacity would result in
similar levels of congestion at intersections, which applies to the six-lane expressway and the six-
lane low-speed arterial roadway.
Ms. Heyman showed a table summarizing the impacts on local traffic, transit advantage, and
vehicle safety for the four proposed alternatives. She offered to answer any questions.
Mayor/President Graves noted pedestrian safety components are not talked about. Ms. Heyman
stated there is a research section on pedestrian safety. There are also intersection crash costs. She
explained MnDOT ruled out some non-freeway options based on risky at-grade crossing
preference to an overpass. However, Ms. Heyman believes the overpass would be a good offering.
Ms. Heyman added impact on local roadways was increased with non-freeway passes, so MnDOT
anticipated an increase in pedestrian safety concerns locally. Ms. Heyman stated she would like
to see more detailed information on that idea and for solutions to be considered for pedestrian
safety rather than ruling out non-freeway options.
Councilmember/Commissioner Kragness asked for Staff to provide copies of the PowerPoint to
be given to City Council/EDA before the meeting. Mayor/President Graves stated Staff doesn’t
necessarily have the presentation prepared on time for the PowerPoints to be printed.
Councilmember/Commissioner Kragness added they have yet to receive table 7.3, but it is
regularly referenced in the presentations regarding Hwy 252. She asked what the current speed
limit is on Hwy 252, but she would guess it is between 50 and 55.
Councilmember/Commissioner Lawrence-Anderson pointed out she attended the recent open
house and spoke with representatives of the consultant team. Many residents expressed interest in
a lower-speed option for Hwy 252. A longer work session to discuss official comments would be
helpful.
Councilmember/Commissioner Jerzak stated the loss of revenue to the City is a major concern.
MnDOT also keeps referencing a safety concern he doesn’t see. Overall, there doesn’t seem to be
a compromise that addresses the issues raised by constituents. He added a constituent asked him
what would happen if Brooklyn Center said “no” to MnDOT.
Ms. Heyman pointed out that Table 7.3 is available online. As for Councilmember/Commissioner
Jerzak’s questions, she noted it is a difficult project. She noted the draft letter included comments
asking to add evaluation metrics regarding the concerns of constituents.
4/24/23 -6- DRAFT
Mayor/President Graves stated she would like to see the comments in the draft letter provided to
MnDOT, and it is likely a consensus of the Council/EDA to do so. She noted she is leaning towards
the six-lane low-speed arterial.
Mayor/President Graves asked what the difference is between the six-lane low-speed arterial and
the six-lane expressway. Ms. Heyman stated the six-lane expressway has the transit advantage of
accessing a special bus lane.
Mayor/President Graves added the local collector road with a transitway would have a negative
impact on local traffic and local businesses, so she is not interested in that option.
Councilmember/Commissioner Lawrence-Anderson asked if the six-lane options would
automatically mean more property acquisitions. Ms. Heyman stated that is not necessarily true
because some would be within the current right of way. The interchanges are where the largest
property impacts occur.
Councilmember/Commissioner Lawrence-Anderson stated it would be helpful to see more data
about the loss of homes and businesses in Brooklyn Center for each of the options. Ms. Heyman
stated 7-69 and 7-70 show the impacts on the Brooklyn Center property tax base. As MnDOT got
into more detailed design, there would be more specific and likely less property impact, but the
current designs have a general wide line. Ms. Heyman agreed she would like to see more specifics
from MnDOT on the property impacts. She pointed out that the interchanges could also be positive
for local businesses.
Mayor/President Graves asked which option is Ms. Heyman’s favorite option. Ms. Heyman stated
it is a difficult consideration. She noted her agreement with Mayor/President Graves’ comments
on the local collector road with the transitway. Keeping in mind the climate crisis, it is hard to
recommend an option that doesn’t have a transit advantage. There are also considerations about
what Brooklyn Park would agree to. With all that in mind, she would choose between the six-lane
expressway and the four-lane low-speed arterial to offer a range of alternatives. Ultimately,
Brooklyn Center is asking MnDOT to further consider alternatives to a freeway.
Mayor/President Graves asked why Ms. Heyman preferred the four-lane low-speed arterial to the
six-lane low-speed arterial. Ms. Heyman stated the six-lane low-speed arterial is not a different
enough change from the current conditions. Also, the four-lane low-speed arterial has better
vehicle safety impacts than the six-lane low-speed arterial.
Ms. Heyman stated the largest leverage point the Council/EDA would have with MnDOT is at the
end of the process when MnDOT has one final option to present to the Council/EDA. However,
they don’t want to wait until that point in the process and rather provide input at this phase to find
a benefit for Brooklyn Center.
Councilmember/Commissioner Jerzak noted the six-lane option would be at capacity in a few
years anyways. It makes him nervous that so many of the options may harm the community.
Mayor/President Graves stated she believes they should provide input to MnDOT regarding which
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alternatives they should consider.
Ms. Heyman stated the freeway options are what will reach capacity in a few years. They don’t
have a date set for the proposed alternatives being discussed by the Council/EDA.
Mayor/President Graves stated she would like to suggest MnDOT add the six-lane expressway and
the four-lane low-speed arterial roadway to their research and for the other comments in the draft
letter to be communicated to MnDOT as well.
Councilmember/Commissioner Lawrence-Anderson stated she would like to dive deeper into the
materials and further discuss the options before providing an official opinion.
Councilmember/Commissioner Jerzak asked what the recommendations were from the Hwy 252
Task Force. Ms. Heyman stated their ask was for MnDOT to consider the four-lane low-speed
freeway, but that was not at the top of her list of recommendations. The Task Force was also
interested in the six-lane expressway. The Hwy 252 Task Force did a great job doing research, but
it is impossible to find the best option that addresses all of the concerns.
Councilmember/Commissioner Jerzak stated he is not ready to go on the record with his
recommendation, but he would like a clear recommendation from the Task Force of what MnDOT
should study.
Councilmember/Commissioner Kragness agreed with Councilmember/Commissioner Jerzak.
They should honor the work done by the Hwy 252 Task Force and rely on their expertise. She
would also like more information on Ms. Heyman on her differing opinions from the Task Force.
Councilmember/Commissioner Butler stated it will take some time to grasp all of the components
to consider. She asked for such complex items to be earlier on the agenda.
Councilmember/Commissioner Lawrence-Anderson stated she would like MnDOT to be available
to answer more questions from the Council and for specific recommendations from the Task Force.
UPCOMING ITEMS
Grant Discussion-referred to Financial Commission possible May 22
Special Assessment Policy/Franchise Fees (referred to Financial Commission)
Emerald Ash Borer Policy Review-referred to Park & Rec Commission November
Memorial Policy-referred to Park & Rec Commission May 22
Establishing a Beautification and Public Art Commission-May 8
Liquor Store 2 -
Organizational Chart-Budget work sessions
Rental License Review (referred to Housing Commission)
Tenant Protection Data presentation-May
THC Moratorium-June 12
Food Truck Ordinance / License
4/24/23 -8- DRAFT
ADJOURNMENT
Councilmember/Commissioner Jerzak moved and Councilmember/Commissioner Kragness
seconded the adjournment of the City Council/Economic Development Authority Work Session at
9:27 p.m.
Motion passed unanimously.
5/8/23 -1- DRAFT
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
MAY 8, 2023
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH THE CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April
Graves at 6:46 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Public
Works Elizabeth Heyman, Interim Community Development Director Jesse Anderson, Assistant
City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
Mayor April Graves opened the meeting for the purpose of an Informal Open Forum.
Heidi S. stated she lives on the Crystal side of the Joslyn site. They received initial notifications
about the project, but they haven’t received updates as residents of Crystal. She has concerns about
the landscaping plan. The construction has significantly changed the look and feel of the space.
The environment has changed from a wooded environment to a pollination environment, which
impacts the animals and wildlife. The changes also have had an adverse impact on her property
values.
Douglas McMillan noted he also lives on the Crystal side of the project. The EPA didn’t include
people on the other side of the lake in the meetings. He asked where they can go to address the
issue. The lake used to be wooded, but it is now an eyesore. Dr. Edwards stated Staff can provide
contact information and details on the process if their contact info is given to Staff.
Julie B. asked for Commission meetings to be put online. It is hard for people outside of the
physical space to access information on what is happening in other meetings. There aren’t even
agendas available online. The Implementation Committee has had live meetings for its entire
existence.
City Clerk Barb Suciu stated most meetings are held virtually. If there isn’t a quorum, then there
is no recording. As for the Charter Commission, they have different guidelines and aren’t held
virtually. The Financial Commission has its agendas under Novus. Dr. Edwards added all
5/8/23 -2- DRAFT
meetings are intended to be hybrid, and he will check into the meetings to ensure that is still
happening.
Kathy M. explained she is also a resident of Crystal. The Joslyn site was initially supposed to be
fully wooded. The north side of the site has changed the landscaping plan to make the north side
of the site into a pollination area. It will have a detrimental impact on wildlife, especially the
nocturnal life. The building makes the area extremely bright. All of the natural nightlife is gone.
The Crystal residents haven’t been notified of any changes since the Spring of 2017. However,
Brooklyn Center residents have been updated as recently as March 2023. The trees are also used
to buffer the noise of the trains. She asked for the Council to pressure the site to restore the original
landscape.
Kevin S. stated he can only consistently log into the Hwy 252 meetings. He is unable to access
the Implementation Committee meetings anymore.
Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open
Forum at 7:02 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Jerzak read a quote by Marissa Mayer, “I always did something I was a little not
ready to do. I think that's how you grow. When there's that moment of 'Wow, I'm not really sure I
can do this,' and you push through those moments, that's when you have a breakthrough.” He also
read a quote from Wayne Dyer, “If you believe it will work out, you’ll see opportunities. If you
believe it won’t, you will see obstacles.” Lastly, he shared a quote by Thomas Paine, “A body of
men holding themselves accountable to nobody ought not to be trusted by anybody.”
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves
at 7:07 p.m.
4. ROLL CALL
This item was addressed after Item 5. Pledge of Allegiance.
Mayor April Graves stepped out of the meeting at 7:10 p.m.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. ROLL CALL (continued)
5/8/23 -3- DRAFT
Mayor Pro Tem Marquita Butler and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and
Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Public Works
Elizabeth Heyman, Interim Community Development Director Jesse Anderson, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the
Agenda and Consent Agenda, as amended, and the following consent items were approved:
6a. LICENSES
AMUSEMENT DEVICE
Mendota Valley Amusements, Inc. 390 Richmond St
GARBAGE HAULERS
Aspen Waste BL 23-0270
MECHANICAL
Ace Heating & Air Conditioning Inc. 7174 Hwy 95 NW, Princeton 55371
B & D Plbg, Htg & A/C 4145 Mackenzie Court,
St. Michael 55376
Blue Ox Heating & Air LLC 5720 International Parkway,
New Hope 55428
CenterPoint Energy 6161 Golden Valley Road,
Golden Valley 55422
Daikin Applied Americas Inc. 13600 Industrial Park Boulevard,
Minneapolis 55441
Master Mechanical, Inc. 1027 Gemini Rd, Eagan 55121
Mike’s Custom Mechanical, Inc. PO Box 171, Champlin 55316
Northern Heating & A/C Inc. 9431 Alpine Drive NW,
Ramsey 55303
Perfection Heating & Air 1770 Gervais Avenue,
Maplewood 55109
Piperight Plumbing 3920 Foss Road, St. Anthony 55421
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Professional Mechanical Services 19640 200th Avenue NW,
Big Lake 55309
Pronto Heating & A/C 7415 Cahill Road, Edina 55439
RENTAL
INITIAL (TYPE IV – six-month license)
5301 Dupont Avenue N Wright Team Properties
4501 Winchester Lane TM Odeniyi & K Odeniyi
6436 Scott Avenue N Jane M Kungu and Antony J Kungu
INITIAL (TYPE II – two-year license)
1208 57th Avenue N CommonGrowth LLC
5927 Aldrich Avenue N Yu Yin
6730 Ewing Avenue N Suudi Properties, LLC
RENEWAL (TYPE IV – six-month license)
4213 63rd Avenue N Buster F Fallah
5112 70th Avenue N Ih3 Property Minnesota Lp
5748 Humboldt Avenue N Fyr Sfr Borrower Llc
6300 France Avenue N 9816 Palm St Llc
6337 Bryant Avenue N Park Ave Homes Llc
6912 Logan Avenue N Hpa Borrower 2017 1 Llc
6918 Halifax Avenue N Gracelands Llc
RENEWAL (TYPE III – one-year license)
5401 63rd Avenue N Ayodeji Gbayisomore
2718 Ohenry Road 5118 66th Ave N Llc
3307 Ohenry Road Henry S Dolopei
5913 Halifax Avenue N Cel Monton Llc
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6139 Colfax Avenue N Koku Agbenu
RENEWAL (TYPE II – two-year license)
4100 Lakebreeze Avenue N Pbk Properties Llc
5240 Drew Avenue N Cantlin Lake Properties
4019 Joyce Lane Ih2 Property Illinois Lp
4118 Woodbine Lane Investment Solutions Llc
4935 Abbott Avenue N R A Anderson & T A Anderson
6242 Scott Avenue N Cosco Property I Llc
RENEWAL (TYPE I – three-year license)
5341 Penn Avenue N Lifetime Resrcs Prop Mgt
4100 61st Avenue N Emmanuel & Oluyemisi Coker
5449 Lyndale Avenue N Living Well Disability Svcs
6605 Camden Drive Johnson Organization Inc
7208 Bryant Avenue N Prosperous Property Llc
SIGNHANGER
Signminds Inc. 1400 Quincy Street
Minneapolis 55413
Signtology LLC 21340 Van Buren Street NE
Cedar 55011
6b. AMENDMENT TO 2023 COUNCIL MEETING CALENDAR
6d. RESOLUTION NO. 2023-58; APPROVING A JOINT POWERS
AGREEMENT (JPA) WITH PETS UNDER POLICE SECURITY (PUPS)
AND AUTHORIZE STAFF TO EXECUTE THE JPA
6e. RESOLUTION NO. 2023-60; RECOGNIZING MAY 14-20, 2023, AS
POLICE WEEK AND MAY 15, 2023, AS PEACE OFFICER MEMORIAL
DAY
Motion passed unanimously.
5/8/23 -6- DRAFT
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. RESOLUTION NO. 2023-59; DECLARING MAY 21-27, 2023, NATIONAL PUBLIC
WORKS WEEK IN THE CITY OF BROOKLYN CENTER
Councilmember Lawrence-Anderson asked why Item 6e. Resolution Recognizing May 14-20,
2023, as Police Week And May 15, 2023, as Police Officer Memorial Day was not part of Item 7.
Presentations/Proclamations/Recognitions/Donations.
Mayor Pro Tem Butler moved to make Consent Agenda Item 6e. Resolution Recognizing May 14-
20, 2023, as Police Week and May 15, 2023, as Police Officer Memorial Day to become
Presentations/Proclamations/Recognitions/Donations 7b. Resolution Recognizing May 14-20,
2023, as Police Week And May 15, 2023, as Police Officer Memorial Day. Seconded by
Councilmember Lawrence-Anderson.
Mayor Pro Tem Butler read in full a Resolution recognizing National Public Works Week.
Mayor April Graves returned to the meeting at 7:13 p.m.
Councilmember Jerzak moved and Councilmember Kragness seconded to adopt RESOLUTION
NO. 2023-59; Declaring May 21 through May 27, 2023, as "National Public Works Week" in
Brooklyn Center.
Motion passed unanimously.
7b. RESOLUTION NO. 2023-60; RECOGNIZING MAY 14-20, 2023, AS POLICE
WEEK AND MAY 15, 2023 AS PEACE OFFICER MEMORIAL DAY
Mayor Pro Tem Butler read in full a Resolution recognizing Police Week and Peace Officer
Memorial Day.
Councilmember Kragness moved and Councilmember Jerzak seconded to adopt RESOLUTION
NO. 2023-60; Recognizing May 14-20, 2023, as Police Week and May 15, 2023, as Peace Officer
Memorial Day.
Motion passed unanimously.
Mayor Graves pointed out that the term “resident” is problematic as there are members of the
Brooklyn Center community that may not be citizens.
Councilmember Kragness added there is a discrepancy in the Resolution because May 15, 2023 ,
is sometimes referred to as Police Officer Memorial Day and other times as Peace Officer
Memorial Day.
Dr. Edwards confirmed that May 15, 2023, is Peace Officer Memorial Day.
5/8/23 -7- DRAFT
8. PUBLIC HEARINGS
8a. RESOLUTION NO. 2023-61; TO APPROVE A TIF DISTRICT #10 (WANGSTAD
COMMONS) AND TIF AGREEMENT)
City Manager Reggie Edwards introduced the item and Jason Aarsvold, EDA Project Management
with Ehlers, made the staff presentation.
Jason Aarsvold, EDA Project Management with Ehlers, explained since 2019, the EDA has been
working with JO Companies to develop four EDA-owned parcels at 61st Avenue N and Brooklyn
Boulevard. The proposed project includes a 54-unit low-income housing tax credit (LIHTC) rental
project. In June of 2022, the EDA entered into an option agreement with the developer to sell the
EDA-owned land and approved a resolution of support to provide Tax Increment Financing (TIF)
for the project.
Mr. Aarsvold noted as it stands, the total project cost is $22.8 million, but the project has a
financing gap. TIF assistance is recommended at $482,000 per analysis by Ehlers, and that
requires the creation of a new TIF district. In addition, the land will be transferred to Wangstad
Commons for $1. Both contributions are necessary for the project’s financial feasibility as further
outlined in the attached memorandum from Ehlers.
Mr. Aarsvold stated The TIF Plan for District 10 is the City’s planning document for the district. It
spells out the objectives and policies for the district, identifies the geographic boundaries, and sets
the maximum budgetary authority for the district. This planning document simply allows for the
creation of a new TIF district. Approval of the TIF Plan does not grant any specific TIF assistance
to the developer. This is done by entering into a separate TIF Agreement.
Mr. Aarsvold pointed out TIF District 10 is being established as a Housing TIF District. The site
will qualify for a housing district because the Wangstad Commons project will serve households
at, or below, the income levels required by statute. In this case, that minimum threshold is at least
40 percent of the units will be affordable to those at 60 percent area median income (AMI). As
proposed, however, 100 percent of the units in the Wangstad project will meet this threshold. The
TIF Plan sets up the district for a maximum duration of 26 years.
Mr. Aarsvold stated the maximum budgetary authority in the district is $2.33 million. This is a
maximum budget intended to provide flexibility. It includes 3 percent annual inflation and
assumes the TIF district runs for the full 26 years. The actual assistance to the property owner is
anticipated to be a present value amount of $482,000 which estimates show will be repaid within
17 years.
Mr. Aarsvold added the TIF Plan assumes Pay-As-You-Go assistance to the project as noted
above. The TIF plan also includes a 10% allowance for City administrative costs. This City can
use this 10% to pay for any ongoing costs associated with administering the project in the TIF
District. In addition, the TIF plan provides for repayment of an interfund loan. This interfund
loan is the mechanism to reimburse the City from future tax increments for any expenditures
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incurred in connection with the TIF plan before receipt of any tax increment and not reimbursed
by JO Companies.
Mr. Aarsvold stated following Council action, the EDA will also consider approval of the TIF Plan
as well as approval of the TIF agreement. This agreement is the document that specifies how TIF
from the new district will go to the Wangstad project as well as provisions associated with the
transfer of land. Once these steps are complete, the project will proceed to a closing with
construction anticipated to begin in 2023. The receipt of the first tax increment is expected in
2025.
Councilmember Kragness asked if the vote just creates a new district. Mr. Aarsvold confirmed
and explained the item is just to create a new TIF district. There is a separate process to create an
agreement regarding what the TIF funding will go toward.
Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to open the
Public Hearing.
Motion passed unanimously.
Kevin S. noted the proposed site is near a sanctuary area and another housing location that could
be accessible housing. He asked if retail would be part of the development to be accessed on the
first floor. Oftentimes, people that need affordable housing don’t have transportation, and there
aren’t the basic necessities within a reasonable walking distance of the site.
Councilmember Butler moved and Councilmember Jerzak seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to adopt
RESOLUTION NO. 2023-61; Approving a TIF District #10 (Wangstad Commons) and TIF
agreement.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. RESOLUTION NO. 2023-62; APPROVING PLANNING COMMISSION
APPLICATION NO. 2023-001, SUBMITTED BY JO COMPANIES LLC FOR A RE-
PLAT, PLANNED UNIT DEVELOPMENT AMENDMENT AND REZONING,
AND AN AMENDMENT TO THE 2040 COMPREHENSIVE PLAN TO ALLOW
FOR DEVELOPMENT OF A 54-UNIT MULTI-FAMILY RESIDENTIAL
BUILDING AND RELATED SITE IMPROVEMENTS (6107 BROOKLYN
BOULEVARD, 6101 BROOKLYN BOULEVARD, 3600 61ST AVENUE NORTH,
AND 3606 61ST AVENUE NORTH)
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Councilmember Lawrence-Anderson asked if the item went through the Planning Commission.
City Planner and Zoning Administrator Ginny McIntosh confirmed the item was reviewed by the
Planning Commission.
Ms. McIntosh showed an aerial image of the site. She explained JO Companies, LLC is requesting
review and consideration for a proposal that would allow for a consolidation of four vacant parcels
owned by the Economic Development Authority (EDA) of the City of Brooklyn Center and
redevelopment of said site, which comprises 6101 Brooklyn Boulevard, 6107 Brooklyn Boulevard,
3600 61st Avenue North, and 3606 61st Avenue North. The Subject Property encompasses
approximately 1.77 acres and is located at the northwest corner of Brooklyn Boulevard and
61st Avenue North, and east of Wangstad Park.
Ms. McIntosh pointed out that due to the nature of the request, approval of the preliminary and
final plat, site and building plan, Planned Unit Development (PUD) amendment and rezoning, and
2040 Comprehensive Plan amendment requests are required to forward the project. She showed
images of the existing property.
Ms. McIntosh noted the City’s EDA acquired the four parcels between 2012 and 2019. Prior to
the Applicant engaging in conversations regarding the Subject Property, these lands had previously
generated interest as a potential 113-unit multi-family development. It was through JO
Companies’ process of due diligence that the proposal was initially proposed in 2020 as a smaller,
83 to 88-unit multi-family residential building, before being reduced to what is now the proposed
54-unit multi-family residential building.
Ms. McIntosh stated JO Companies has been before the City of Brooklyn Center City Council and
Economic Development Authority (EDA) bodies numerous times since 2020, for concept reviews
and project updates, letters of support for grant funding applications, a Preliminary Development
Agreement, an Option Agreement and term sheet, and resolution of support for the use of tax
increment financing (TIF). The Applicant went through two rounds of applications with the
Minnesota Housing Finance Agency (MHFA) before receiving notice of funding in December
2022.
Ms. McIntosh noted in 2023, the Applicant began regular meetings with Staff to revise plan sets
according to the new Unified Development Ordinance. Then in March 2023, there was a City
Council Work Session held to work through certain financing gaps. Based on feedback from the
Council, Staff began preparing a formal TIF Agreement based on revised terms and the creation
of a new Housing TIF District.
Ms. McIntosh stated the four EDA-owned parcels would be re-platted to one parcel to
accommodate the 54-unit multi-family residential building and site improvements. The minor
edits requested from Staff for updating the preliminary play include a revised Planning
Commission report made by the Applicant to address City Staff comments, an amendme nt or
creation of a new, a required dedicated easement for shared access drive off of Brooklyn
Boulevard, a vacation of utility easement running through the center of the property, and any
requirements outlines by Hennepin County.
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Ms. McIntosh added a Comprehensive Plan amendment is required when a community changes
any part of a municipality’s adopted comprehensive plan, including land use changes to allow for
a proposed development. The requested amendment comes as a matter of timing as the Applicant
was just beginning conversations with the City as the 2040 Comprehensive Plan Process was
wrapping up. The property was future land use designated as a mix of commercial (C) and low -
density residential (LDR) due to their former land uses of an overflow lot for former Brookdale
Chrysler-Plymouth dealership and single-family homes.
Ms. McIntosh explained the requested re-designation of the property is to neighborhood-mixed
use (N-MU), which was a new future land use designation under the 2040 Plan and guides for a
mix of residential, retail, and commercial uses. During the comprehensive plan engagement
process, some residents were vocal about the desire for more diverse housing.
Ms. McIntosh stated there is also a request to remove the northernmost parcel located in the subject
property from PUD/C-2 and re-zone it to match the current zoning of the other three parcels. The
Planned Unit Development (PUD) was amended in 2016 to remove dealership restrictions and
allow for the Sanctuary, but this parcel was not removed from the PUD and remained in EDA
ownership.
Ms. McIntosh showed the site and building plan. The proposal for the development is 54 units at
affordability bands of between 30 and 60 percent AMI. The unit mix is 24 percent one -bed, one-
bath, 50 percent two-bed, one-bath, 17 percent three-bed, two-bath, and nine percent four-bed, 2-
bath.
Ms. McIntosh stated Staff reviewed the dimensional standards, and all plans fall within zoning
requirements. As for traffic and access, Staff submitted the plan to Hennepin County. The County
proposed addressing sight lines, a ROW permit, and the proposed turnaround. There will be
additional submissions to the County. Fire truck access was provided as part of the submittal.
Ms. McIntosh noted parking requires a maximum of 108 spaces to be provided, assuming 54 units.
The surface lot has 49 spaces, underground parking has 47 spaces, and there is a total of 96 parking
spaces. The minimum standards for parking dimensions and drive aisles are met. Sidewalk
connections and bicycle facilities are also provided. The photometric plan and fixture schedule
were submitted and reviewed by Staff. As for trash, there would be a central trash cute system and
trash would be rolled out for regular pickup.
Ms. McIntosh stated Staff reviewed the submitted architectural set against the City’s building
materials, and all requirements were met. Staff provided feedback throughout 2023 which required
adjustments to building orientation, setback, parking garage location, and the like. The Applicant
has submitted a landscaping plan, but it has yet to be reviewed by Staff. Also, no specific signage
requests were made for new or revised signage.
Ms. McIntosh added engineering-reviewed plans and provided a memo. An MPCA NPDES permit
is required along with a construction management plan and agreement utility easement agreement
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before any permits can be issued. Building officials conducted a cursory review of the submission
and provided a memo with comments and conditions of approval. Crime Prevention through
Environmental Design (CPTED) review is to be completed by City Staff, and plan sets were
reviewed by the County with preliminary comments provided.
Ms. McIntosh explained as part of the application process, a public hearing notice was submitted
to the Brooklyn Center Sun Post for publication on March 30, 2023, and notices were mailed to
both property owners and physical residents of addresses within the vicinity of the Subject
Property. Development proposal signage was also installed on-site, notifying the public of the
development proposal. The Applicant also underwent a separate community engagement process,
which was led by Local Initiatives Support Corporation (LISC). Topics discussed during this
engagement covered: pedestrian and traffic flow; housing needs; proximity to Wangstad Park;
security, property management, services, and tenant screening; project financing, timeline, and
terms of affordability; and project quality, aesthetics, and amenities.
Ms. McIntosh noted City Staff received one public comment via email in advance of the public
hearing from resident Susan Jorgensen, who was also in attendance and spoke at the public hearing
on April 13, 2023. A separate public comment was received via the City’s general email inbox
from resident David Jorgensen the evening of the public hearing, but City staff did not receive the
comment until the day after. The public comments received are included as background to this
memo.
Ms. McIntosh pointed out that following the close of the public hearing, the Planning Commission
elected to recommend (6-0) City Council approval of the requested preliminary and final plat, site,
and building plan, an amendment to remove 6107 Brooklyn Boulevard from the original 1998
Planned Unit Development and re-zoning of the aforementioned property from PUD/C2 to MX-
N1, which reflects the zoning of the three other parcels located within the Subject Property and
located at 6101 Brooklyn Boulevard, 3600 61st Avenue North, and 3600 61st Avenue North, and
a recommended amendment to the City’s 2040 Comprehensive Plan to re -designate the Subject
Property from a mix of Commercial (C) and Low-Density Residential (LDR) to Neighborhood
Mixed-Use (N-MU).
Councilmember Jerzak asked if a CPTED has been completed. Ms. McIntosh explained CPTED
would be completed after approval from the Council.
Councilmember Lawrence-Anderson noted Brooklyn Center has taken the Monarch Pledge two
years in a row, so she hopes the landscaping plans include monarch-friendly plants. She added
there will likely be children in the building, and its proximity to a park is very convenient.
Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2023-62; Regarding Planning Commission Application No. 2023-001, for
approval of:
1. A preliminary and final plat for WANGSTAD’S BROOKLYN TERRACE SECOND
ADDITION
2. The submitted site and building plans
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3. An amendment to remove 6107 Brooklyn Boulevard from the original 1998 Planned Unit
Development, and
4. Re-zoning of the aforementioned property from PUD/C2 to MX-N1, which reflects the zoning
of the three other parcels located within the Subject Property and located at 6101 Brooklyn
Boulevard, 3600 61st Avenue North, and 3600 61st Avenue North, and
5. A recommended amendment to the City’s 2040 Comprehensive Plan to allow for a future land
use re-designation of the Subject Property from a mix of Commercial (C) and Low-Density
Residential (LDR) to Neighborhood Mixed-Use (N-MU), based on the findings, and as
amended by the conditions of approval in the resolution, and subject to final approval by the
Metropolitan Council for the requested Comprehensive Plan Amendment.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2023-63; DECLARING THE BROOKLYN CENTER CITY
COUNCIL'S OFFICIAL PUBLIC COMMENTS ON THE MINNESOTA
DEPARTMENT OF TRANSPORTATION'S HIGHWAY 252/94 SCOPING
DOCUMENT DRAFT SCOPING DECISION DOCUMENT
Dr. Edwards introduced the item and invited Public Works Director Elizabeth Heyman to make
the Staff presentation.
Ms. Heyman explained the Minnesota Department of Transportation (MnDOT), along with local
and federal project partners, are currently studying proposals to improve safety, address reliability,
and reduce congestion on Hwy 252 between Hwy 610 in Brooklyn Park and I-694 in Brooklyn
Center, and on I-94 from I-694 in Brooklyn Center to downtown Minneapolis. As part of this
effort, MnDOT is preparing a multi-year Environmental Impact Statement (EIS), that outlines the
impact a potential construction project could have on the surrounding area, including effects on
the social, economic, and environmental in the proposed project area.
Ms. Heyman stated that based on the comments and discussion Council had with MnDOT staff at
the City Council meeting on April 10, 2023, and the discussion Council had at a Council work
session on April 24, 2023, Staff has drafted a letter that will serve as the Council's public comment
on the draft Scoping Decision Document. Before finalizing Council’s public comments.
Ms. Heyman noted the Equity and Health Assessment (EHA) will be released shortly. EHA
enhances MnDOT’s use of equity and health information during the Hwy 252/I-94 environmental
review and acts as a public comment on the draft Scoping Decision Document (SDD). MnDOT
will use the EHA to document findings not addressed in the EIS and to develop recommendations
for further action in partnership with impacted communities.
Ms. Heyman pointed out MnDOT’s recommended options for further study include three freeway
options and all interchange options. At the last Work Session, Council reached a consensus about
comments to be relayed to MnDOT.
5/8/23 -13- DRAFT
Ms. Heyman stated the first comment is, “The City is supportive of the Minnesota Department of
Transportation (MnDOT) completing a holistic environmental review process to chart a course for
improving safety in the corridor, while at the same time protecting human health, promoting
regional equity, and enhancing the livability and prosperity of Brooklyn Center.” The comment is
to address safety issues mentioned by the Council.
Ms. Heyman noted the Council also had concerns about the tax base. The draft letter includes a
request to, “add project evaluation criteria that evaluate the project’s effect on the City’s tax base,
including, but not limited to, the following: Taxable property removed from the tax base, Projected
changes in property values, and Projected changes in business activity.”
Ms. Heyman stated the Council also wanted MnDOT to adjust its purpose and need a statement to
elevate health, community livability, and equity throughout the scoping process. The draft letter
suggests updating the project’s purpose and needs statement to say, “The purpose of the Hwy 252/I-
94 Project is to improve the safe and reliable movement of people and goods across multiple modes
on and across Hwy 252 and I-94 between Hwy 610 in Brooklyn Park and North 4th Street in
Minneapolis while protecting and promoting human health, community livability and equity.”
Ms. Heyman added the Council showed interest in MnDOT considering more options for in-depth
research. Specifically, the Council was interested in the six -lane expressway and the four-lane
low-speed arterial.
Ms. Heyman noted Council also wanted MnDOT to take the health impacts of increased traffic
and traffic noise into account when evaluating safety. A suggestion to MnDOT is to, “evaluate
how bicycle and pedestrian overpasses impact a corridor element’s multimodal level of service.
The City Council understands that not all users will utilize bicycle and pedestrian overpasses.
However, they find it unreasonable to accept no risk at ground-level intersections when freeway
alternatives come with their own set of risks, including negative effects on health, safety, and
property. In simpler terms, the Council believes that incorporating bicycle and pedestrian
overpasses into non-freeway Highway 252 corridor elements should result in a higher overall
multimodal level of service rating, meaning better accessibility and connectivity for various modes
of transportation.”
Councilmember Jerzak asked if individual comments can be included in the letter. Ms. McIntosh
stated the letter has to be the consensus of the Council. However, each Councilmember can submit
their public comments.
Mark Lindeberg, a representative of MnDOT, stated any comments from the Council can be shared
as a public comment or submitted individually.
Councilmember Jerzak pointed out he has been noncommittal on the project until all information
has been received. The exhaustive work of the Hwy 252 Task Force has unequivocally shown
MnDOT’s recommendations as a whole do not benefit the Brooklyn Center community due to the
loss of homes, business displacement, and health and equity considerations. He noted he never
5/8/23 -14- DRAFT
received a call, email, or comment in support of the project. However, he received many calls,
emails, and letters against the project. His only support for the project is for MnDOT to consider
the six-lane expressway or the four-lane low-speed arterial roadway and additional pedestrian
accessways.
Councilmember Jerzak asked if the Council were to decide they were not in support of the project,
could they pass a resolution stating they will not support the project financially. City Attorney
Jason Hill explained the Council can adopt whatever resolution they want. The project is only in
the early steps. There is a process where the City can oppose the project down the line, and
MnDOT could appeal to the opposition. As for the financial piece, he would need to further look
into legal details.
Councilmember Kragness asked if the Hwy 252 Task Force was going to provide additional
comment. Mayor Graves stated there are members of the Task Force present.
Tom Kouri, member of the Hwy 252 Task Force, stated the recommendations in the draft letter
make a lot of sense. The Council has raised excellent questions regarding equity and property
impacts. Also, Ms. McIntosh has been very thorough in her presentations.
Councilmember Lawrence-Anderson asked if the draft letter was reviewed by Hwy 252 Task Force
to add comments. Ms. McIntosh stated the letter was sent to the Task Force, but Staff didn’t ask
for the Task Force to add comments to the draft.
Mayor Graves noted Ms. McIntosh did an excellent job writing the draft letter and explaining the
options to Council.
Councilmember Butler moved and Councilmember Jerzak seconded to adopt RESOLUTION NO.
2023-63; Declaring the Brooklyn Center City Council’s official public comments on the Minnesota
Department of Transportation’s Highway 252/I-94 Scoping Document and Draft Scoping Decision
Document.
Motion passed unanimously.
10b. RESOLUTION NO. 2023-64; ACCEPTING LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT (LCDA) FUNDING FOR CENTER FOR ASIAN
AND PACIFIC ISLANDER
Councilmember Jerzak left the meeting at 8:15 p.m.
Dr. Edwards introduced the item and invited Interim Community Development Direct or Jesse
Anderson to continue the Staff presentation.
Mr. Anderson explained the Metropolitan Council approved CAPI for a grant amount of $125,000
on September 14, 2022, with an expiration date of June 20, 2024. Center for Pacific Islanders
(CAPI) will be using pre-development funds to support their exploration of the use of their excess
5/8/23 -15- DRAFT
land on Brooklyn Boulevard. This funding will support community engagement activities, site
and building design, and civil engineering work as they conduct due diligence on the construction
of an expanded facility. Potential uses they are exploring include expanded offices for their
administrative functions, expanded food shelf operations, childcare centers, and additional office
and commercial spaces for local businesses.
Councilmember Lawrence-Anderson asked if the building will be two stories or if there will be
two additional stories. Mr. Anderson stated they are looking into options to expand the building,
but decisions have not been made.
Councilmember Jerzak returned to the meeting at 8:17 p.m.
Councilmember Lawrence-Anderson asked if the project can be completed before the expiration
date. Mr. Anderson stated the funding is for early planning efforts, which are all expected to be
completed before the expiration date.
Councilmember Jerzak asked if the financing would be private. Mr. Anderson noted there hasn’t
been a discussion regarding public financing. However, the process is only beginning.
Councilmember Lawrence-Anderson moved and Mayor Graves seconded to adopt RESOLUTION
NO. 2023-64; Accepting Livable Communities Demonstration Account (LCDA) funding grant
from Met Council.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Jerzak reported on his attendance at the following and provided information on
the following upcoming events:
Met with several independent businesses regarding concerns.
Attended the Susan Pha volunteer appreciation.
Corresponded with several constituents regarding the Hwy 252 project.
Mayor Graves reported on her attendance at the following and provided information on the
following upcoming events:
Connected with the Sierra Leone Association.
Attended an event at Unity Church.
Will be attending the Mayor’s Innovation Conference.
Will be starting an eight-week mediation training.
Attended a Mayor’s luncheon hosted by Congresswoman Omar.
Noted Brooklyn Center and Brooklyn Park cohosted a public forum for Black public
administrators.
Councilmember Butler reported on her attendance at the following and provided information on
the following upcoming events:
5/8/23 -16- DRAFT
Met with a resident about various issues.
Met with Representative Omar.
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
Met with Housing Commission Chair.
Delivered Meals on Wheels.
Attended Senator Pha’s celebration.
Reminded everyone of the mock budget exercise at the Community Center on May 10,
2023.
Councilmember Kragness reported on her attendance at the following and provided information
on the following upcoming events:
Attended Senator Pha’s celebration.
12. ADJOURNMENT
Councilmember Butler moved and Councilmember Jerzak seconded the adjournment of the City
Council meeting at 8:26 p.m.
Motion passed unanimously.
5/22/23 -1- DRAFT
MINUTES 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
MAY 22, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at
6:04 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia
Kragness Also present were Assistant City Manager/City Clerk Barb Suciu, Deputy City Clerk
Shannon Pettit, and City Attorney Jason Hill.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Lawrence-Anderson noted that May is Asian-Pacific Islander month and took a
moment to recognize this and noted that next year she would like to see a resolution done to
recognize it. She also stated that she would like to see a standing list on the pending/upcoming
work session items list and would like to see items red-lined if removed. She also asked to add the
grant policy discussion to the regular meeting agenda.
Councilmember Jerzak stated he would also like to see a presentation and/or discussion on the dog
park.
Assistant City Manager Suciu stated that there will be a presentation from the Finance Director
regarding the grant policy discussion. Council agreed to add the presentation to the regular meeting
as item 10b.
Councilmember Lawrence-Anderson noted errors in the work session minutes from April 24, as
well as the regular meeting on May 8. She asked these be revised and brought back for approval
once revisions were made.
Councilmember Jerzak questioned the rental policy and those that are currently type IV. He would
like an update on the policy. Councilmember Lawrence-Anderson noted that the housing
commission is currently reviewing this and plans to present something to the council once it is
completed.
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MISCELLANEOUS
CITY MANAGER’S PERFORMANCE REVIEW PROCESS
Assistant City Manager Suciu asked the council to discuss and determine a date for this. She noted
that Equity and Human Resources Director along with the City Attorney will develop a process
and provide examples from other jurisdictions on how the City Manager review takes place.
Equity and Human Resources Director Langemo suggested the council select two dates for this;
one to discuss the process, and another to perform the review. He suggested the meetings be
approximately 3-4 weeks apart. It was noted that the first meeting would discuss things such as
direction, outcomes, expectations, data, type of review, and goals. The council suggested a 360
review. Equity and Human Resources Director Langemo stated he will get three quotes for a 360
review and report back to the council to determine dates for the review.
CCX BROADCASTING
Assistant City Manager Barb Suciu noted that broadcasting of the study session, regular meeting,
and work session will begin on June 12, 2023, as requested by a citizen. Discussion ensued on
reasonings as to why these have not been televised, and ensuring the safety of those in attendance
at the meetings.
OTHER MISCELLANEOUS
Mayor Graves noted that 20% of high school students in Brooklyn Center received scholarships.
She would like to present a proclamation to them as a way to recognize and congratulate them.
Mayor Graves noted that the council has received letters from residents in the East Palmer Lake
neighborhood regarding safety, specifically traffic, and would like to discuss this at an upcoming
council meeting. Councilmember Jerzak requested that a representative be present to discuss and
possibly present in regard to their concerns. Mayor Graves noted that she would like to discuss
this with City Staff before extending an invitation. She asked that it be discussed at a work session
with the council and staff prior to a neighborhood presentation.
Councilmember Lawrence-Anderson asked for an update/presentation in regards to No Mow May
at the June 12 meeting.
Councilmember Jerzak would like an update on the commercial vacant building fees as presented
at the May 8 meeting.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Mayor Graves closed the Study Session at 6:46 p.m.
5/23/23 -1- DRAFT
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
MAY 22, 2023
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH THE CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April
Graves at 6:41 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia
Kragness. Councilmember Marquita Butler was absent and excused. Also present were Assistant
City Manager/City Clerk Barb Suciu, Interim Community Development Director Jesse Anderson,
Planner and Zoning Administrator Ginny McIntosh, Deputy City Clerk Shannon Pettit, and City
Attorney Jason Hill.
Mayor April Graves opened the meeting with an Informal Open Forum.
Gretchen E. thanked the Council and City for their response and resolution to removing a broken
tree limb due to weather. She then asked about the Alternate Response Program, funding, and
partnering with neighboring cities and Hennepin County. She discussed the potential funding and
noted that the program is still in the early planning stages. Mayor Graves noted that many
conversations regarding the program are happening outside of the City Council meetings.
Carlos B. expressed concerns with the Speedway Gas Station, safety concerns, and inability to turn
to law enforcement. He asked the Council to consider options such as closure or reducing hours
rather than allowing 24-hour open hours. Mayor Graves stated she would contact Community
Outreach and would like to follow up as time progresses.
Laurie M. expressed disappointment in the lack of acknowledgment towards Law Enforcement
Appreciation Week, Asian Pacific Islander Month, and Mental Health Awareness Month. She
stated that she attended the Emerging BC dinner and was disappointed in the choice of wording
and offensive references she overheard from a past AACP president and a City representative.
Mayor Graves noted that there was an appreciation for Law Enforcement Appreciation Week at
May 8, 2023, meeting, and there is a proclamation for Mental Health Awareness Month which will
be read at tonight's meeting. She also noted that Councilmember Lawrence-Anderson made the
Council aware of Asian Pacific Islander Month at the beginning of the meeting, and the Council
will have a proclamation or resolution acknowledging this next year.
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Kevin S. suggested the Council consider bringing the community to the council meetings when
they present proclamations and resolutions to specific groups. He also thanked the Council for the
lack of chaos that is present at the meetings.
Phillip M. distributed a letter to express concern over landlord-tenant relationships he and other
business owners in the community are experiencing. He is asking the Council for intervention to
help alleviate the continued tension within the community. It was suggested that Phillip contact
Vong Thao, Economic Development Coordinator, to discuss concerns and potential solutions.
Councilmember Jerzak moved, and Councilmember Kragness seconded to close the Informal
Open Forum at 7:04 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Lawrence-Anderson read the quote titled A Tale of Two Wolves, "My son, there
is a battle between two wolves inside all of us. One is Evil. It is anger, jealousy, greed, resentment,
inferiority, lies, and ego. The other is good. It is joy, peace, love, hope, serenity, humility, kindness,
benevolence, empathy, generosity, and truth. The boy thought about it for a minute and then asked
his grandfather: "Grandfather, which wolf wins?" The old man quietly replied, "The one you feed."
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves
at 7:11 p.m.
4. ROLL CALL
Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia
Kragness. Councilmember Marquita Butler was absent and excused. Also present were Assistant
City Manager Barb Suciu, Interim Community Development Director Jesse Anderson, Planner
and Zoning Administrator Ginny McIntosh, Deputy City Clerk Shannon Pettit, and City Attorney
Jason Hill.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the
Agenda and Consent Agenda, as amended, and the following consent items were approved:
5/22/23 -3- DRAFT
6a. RESOLUTION NO. 2023-65 AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2024-01,
ORCHARD LANE EAST IMPROVEMENTS PROJECT
6b. ORDINANCE NO. 2023-01 STORM SEWER, DRAINAGE AND UTILITY
EASEMENTS WITHIN LOTS 1, 2, AND 3, BLOCK 6, WANGSTAD'S
BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA (1ST
READING)
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PROCLAMATION DECLARING MAY AS MENTAL HEALTH MONTH IN THE
CITY OF BROOKLYN CENTER
Mayor Graves read in full a Resolution declaring May as Mental Health Month.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to accept a
proclamation declaring May as Mental Health Month in the City of Brooklyn Center.
Motion passed unanimously.
Mayor Graves noted she is completing her certificate in trauma-effective leadership through the
University of Minnesota.
7b. TENANT PROTECTIONS UPDATE
Interim Community Development Director Jesse Anderson explained two primary ordinances on
which the Council requested reflection. The first ordinance was regarding Pre-Eviction Filing
Notice, which would provide tenants a 30 notice that the property owner intends to file an eviction
for non-payment of rent or a material breach of the lease.
Mr. Anderson noted the other ordinance was regarding Just Cause Non-Renewal. This ordinance
would prevent a property owner or manager from non-renewing an existing tenant's lease without
Just Cause and provide tenants with why their lease was being non-renewed by the property owner.
Just Cause could include non-payment of rent, material non-compliance with the lease, refusal to
renew a lease agreement, occupancy by the property owner or family member, building
demolishing or conversion, rehabilitation or renovation, complying with a government order to
vacate, and occupancy conditioned on employment.
Mr. Anderson stated in 2018-2019; the City first looked at adopting a tenant protection ordinance
regarding the sale of an affordable housing property. This ordinance notified tenants of the sale
and any material lease changes, including rent rate changes. In the ordinance, if the owner did not
provide sufficient notice, the tenant would be allowed to receive relocation assistance. This
5/22/23 -4- DRAFT
ordinance was adopted in January 2019.
Mr. Anderson noted in further conversation with City Council on housing policies that the Council
wanted staff to look at additional tenant protections beginning in early 2021. Staff received
direction from City Council to look at tenant protections that the City can adopt to give
tenants/residents additional protections in addition to the State statutes.
Mr. Anderson pointed out staff reviewed the adopted tenant protections by the City of St. Paul and
then met with City of St. Paul staff to discuss the adopted tenant protections; due to the lawsuit
against the City of St. Paul, the City of Brooklyn Center decided only to bring forward a few tenant
protections. The adopted tenant protections by the City of St. Paul were challenged in court and
the City of St. Paul ultimately rescinded the ordinance.
Mr. Anderson stated the City had several conversations with landlords/property owners, tenants,
tenant rights organizations, and the MN Multi-Housing Association to discuss the proposed tenant
protections in hopes of bringing together a compromise. During the meetings, staff could hear
both sides express their concerns about adopting the ordinance as is, the proposed changes to the
ordinance, and the City doing nothing to further tenant protections in the City.
Mr. Anderson explained the proposed ordinance was brought to the Housing Commission on
October 19, 2021. The Housing Commission heard from housing advocacy groups and numerous
tenants and was asked to approve the proposed ordinance. The Housing Commission unanimously
approved a recommendation to approve the proposed ordinance.
Mr. Anderson added it was brought back to City Council on December 13, 2021, meeting for a
public hearing and approval of a resolution adopting the second reading and to publish a summary
of the ordinance. Staff also provided additional information on the current housing status in
Brooklyn Center and explained the new proposed tenant protection in further detail. There was
public comment from property owners, tenants, and tenant advocacy organizations. The
discussion among Council members agreed to continue the tenant protections at the next council
meeting in January 2022.
Mr. Anderson noted during the City Council meeting on February 14, 2022; the Council continued
the tenant protection conversation. There were three proposed changes. First, an added provision
that would require property owners to track and report to the City any non-renewals of leases and
the reason for non-renewal. The second change would reduce the pre-eviction notice from 30 to
14 days. The third change would be to add a provision allowing property owners to give a 90-day
notice for non-renewal without reason.
Mr. Anderson pointed out that public comment was heard, and Council Members had a lengthy
discussion about the proposed changes. The Council wanted to hear from the Housing
Commission about the proposed changes, so it was asked that the agenda be brought back to the
February 28, 2022, council meeting.
Mr. Anderson stated during the Council meeting on February 28, 2022, staff presented and reported
5/22/23 -5- DRAFT
February 15, 2022, Housing Commission meeting discussion about the three proposed
changes. The Housing Commission preferred a 30-day pre-eviction notice but would consider a
14-day notice a good compromise. The Commission was split on the 90-day non-renewal notice
without Just Cause, and finally, the Commission agreed that the property owners should be
required to document and report non-renewals.
Again, Mr. Anderson added that public comment was heard regarding the proposed changes. The
Council actively discussed the changes and voted to approve Resolution No. 2022-30, which
included the 30-day pre-eviction notice, just cause non-renewal, and tracking and reporting of non-
renewals.
Mr. Anderson explained staff sent out a survey to all property owners and managers on April 5,
2023. The survey was sent via GovDelivery and emailed to all property owners in approximately
350 emails. The GovDelivery and email went out to single-family and multi-property owners and
managers. Another email was sent on April 24, 2023, to the City's large property owners and
managers. A total of 27 responses were received.
Mr. Anderson stated the survey was nine questions and asked specifically about evictions and non-
renewals. Responses were aggregated so no individual property owner could be identified. 95
percent of respondents stated their property is considered affordable housing.
Mr. Anderson pointed out there was a question regarding the number of evictions. 23 owners filed
0-5 evictions, 2 filed 6-10 evictions, and two filed 30-60 evictions. 11 were filed for non-payment
of rent, three for abandonment, and two for lease violations. Ultimately, 13 did not file an eviction,
six times the landlord waited 5-8 weeks, five times the landlord waited 0-4 weeks, and three times
the landlord waited 9+ weeks.
Mr. Anderson explained there was a question about the results of the eviction hearing. 10 cases
were issued a writ of recovery, five resulted in mutual termination, and three resulted in mediation.
Mr. Anderson noted there were also questions about non-renewals. In 2022, 18 respondents issued
0-5 non-renewals, four issued 6-10, one issued 11-15, and two issued 15 or more non-renewals.
61.5 percent of non-renewals were for excessive late rent, five were due to material lease
violations, and three non-renewals were for mutual termination.
Mr. Anderson pointed out 77 percent of respondents stated that the tenant protection ordinance did
not impact their decision to issue an eviction. Additionally, 70 percent stated that the tenant
protection ordinance did not impact their decision to issue a non-renewal.
Mayor Graves asked for Mr. Anderson's opinion of the results. She asked what types of landlords
responded to the survey. Mr. Anderson explained the surveys were anonymous, so he could not
say the size of the residences. He pointed out that going to court for just cause non-renewal is a
more private matter, so the survey results don't indicate a direction.
Mayor Graves noted the numbers might be skewed because of the recent eviction moratorium. Mr.
Anderson agreed previous information would be beneficial, but it is unlikely that landlords kept
5/22/23 -6- DRAFT
records of the data they were looking for.
Councilmember Lawrence-Anderson would like more information on eviction and non-renewal
rates from other periods.
Councilmember Jerzak pointed out many issues with one housing unit. He has a concern that they
are forcing landlords into adversarial relationships. He asked some landlords why the City didn 't
receive more survey responses. Landlords stated they have tenant protection fatigue. The process
has become more difficult and tiring for all parties.
Councilmember Jerzak added landlords are a great partner for the City regarding crime prevention.
However, the City has taken away some of the tools from property owners to maintain a safe,
healthy environment. As a result, many good tenants are being lost. Additionally, many landlords
and tenants have misunderstandings regarding just cause.
Councilmember Kragness stated she has concerns about the impact of eviction hearings on the
relationship between tenants and landlords. Mayor Graves pointed out there were many
discussions, and the final decision was a compromise by both sides. The ordinance could use some
tweaking, but the City needs more data before implementing any changes.
Councilmember Lawrence-Anderson asked if the Council would be comfortable requesting the
Housing Commission review-related data. Mayor Graves and Councilmember Jerzak noted their
support of the idea.
8. PUBLIC HEARINGS
None.
9. PLANNING COMMISSION ITEMS
9a. RESOLUTION NO. 2023-66 APPROVING PLANNING COMMISSION
APPLICATION NO. 2023-002, SUBMITTED BY LA PALMA PROPERTIES II LLC
FOR APPROVAL OF AN AMENDMENT TO THE 2011 SHINGLE CREEK
CROSSING PLANNED UNIT DEVELOPMENT AND APPROVAL OF A SITE
AND BUILDING PLAN FOR AN APPROXIMATELY 2,678-SQUARE-FOOT
RESTAURANT AND DRIVE-THRU ON BUILDING SITE R WITHIN THE
SHINGLE CREEK CROSSING PUD (1340 SHINGLE CREEK CROSSING)
Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning
Commission Application No. 2023-002. La Palma Properties II LLC is requesting review and
consideration of a proposal that would develop what is known as Building Site R within the Shingle
Creek Crossing shopping center, commonly addressed as 1340 Shingle Creek Crossing, to an
approximately 2,678-square foot Pollo Campero restaurant and drive-thru. The Subject Property
encompasses approximately 1.03 acres and is located east of Xerxes Avenue North and south of
56th Avenue North.
5/22/23 -7- DRAFT
Ms. McIntosh explained shopping center developer Gatlin Development Company provided a
monetary contribution as part of the construction of the new Brooklyn Center Liquor Store and
adjacent EDA-owned space (1350 Shingle Creek Crossing) to allow for the completion of the
remaining parking lot, utility connections, and final grading for the City project as well as the three
remaining pad sites along the west side of the shopping center, and of which includes the Subject
Property. The Applicant purchased the Subject Property from Gatlin Development Company in
January of this year.
Ms. McIntosh showed some photos of the property in question. She also showed an aerial image
of the site.
Ms. McIntosh stated Planning Commission Application No. 2023-002 was submitted to the City
for consideration of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development
plans and documents, as well as site and building plan approval for the approximately 2,678-square
foot restaurant and drive-thru. The Planning Commission held a public hearing on the requests on
May 11, 2023.
Ms. McIntosh pointed out that City staff published the hearing notice as a proactive measure while
identifying whether a separate use permit would be required for the drive-thru. Although the City
Attorney finally determined that a separate use permit was not necessary and, therefore a public
notice was not required, the notice had already been submitted to the newspaper.
Ms. McIntosh noted City staff continued with the public process and sent mail notifications to
neighboring taxpayers and physical addresses per City Code and statute requirements, and
development proposal signage was installed on the Subject Property. No public comments were
received in advance of the public hearing or at the public hearing.
Ms. McIntosh explained the requested amendments are due to modification requests to over 10
percent change in approved floor area structure, some changes to the parking and circulation, and
a request to comply with City signage provisions as opposed to Shingle Creek Crossing signage
guidelines. Ms. McIntosh showed the proposed signage and exterior elevations of the building.
Ms. McIntosh explained the plan is for a 2,678-square-foot restaurant with a drive-thru. City Staff
worked through multiple versions of the proposal. Staff also reviewed the plans against City Code
and other architectural and signage guidelines. As proposed and with exceptions to the building
footprint, drive-thru, and select parking lot revisions, the plans are generally in alignment with the
2014 approvals for Building Site R. There is a minimum setback of 35 feet off Xerxes Avenue
North.
Ms. McIntosh noted primary site access is off Xerxes Avenue North via 55th or 56th Avenue North.
Driveway access off Xerxes was not supported due to traffic conditions along Xerxes. A garbage
truck layer was provided as part of the submittal. Only 27 on-site parking spots are required, and
the proposed configuration offers 45 spaces. The minimum standards for parking dimensions and
drive aisles are met. Also, sidewalk connections and bicycle facilities are provided.
5/22/23 -8- DRAFT
Ms. McIntosh stated a photometric plan and fixture schedule were submitted. The plans need some
revision to address continuity and consistency. There is a trash enclosure on the north end of the
site. There are also receptacles provided at main access points and gathering spaces. The proposed
drive-thru lane shall be screened with berming, landscaping, or fencing per architectural
guidelines. All roof-mounted equipment also requires screening. The application prosed the
installation of landscaping for the entire length of the drive-thru with aluminum edging.
Ms. McIntosh pointed out staff reviewed the submitted architectural set against the City's building
materials and other guidelines. A proposed mix of stucco, porcelain tile, and aluminum
compositive paneling is proposed. An elevation-by-elevation material breakdown was provided to
the staff. It primarily consisted of stucco, which is a Class I material. The building is 21 feet tall,
with the highest parapet at 25 feet. There are canopies at select locations, and architectural projects
were incorporated. Staff noted a fair amount of wall space. However, wall lighting and material
changes were incorporated to promote visual interest.
Ms. McIntosh showed an aerial view of the building, the site plan, and more detailed building
material images. She noted that the colors and specifications of masonry and stucco would be
consistent throughout the development. Pollo Campero has been rolling out a brand refresh
incorporating a vibrant color.
Ms. McIntosh noted that a landscape plan was submitted, which is a mix of native and non-native
and pollinator and non-pollinator-friendly options. Irrigation systems will be required to be
installed and maintained.
Ms. McIntosh added engineering reviewed the plans and provided a memo dated April 27, 2023.
Also, an MPCA NPDES permit is required, and a Construction Management Plan and Agreement
and Utility Facilities Easement Agreement shall be submitted to the City before any permits can
be issued.
Ms. McIntosh explained following the close of the public hearing; the Planning Commission
engaged in an in-depth conversation with the Applicant and project architect regarding the overall
function of the Subject Property (e.g., snow removal, trash enclosure, and trash pick-ups),
disturbance to the existing parking lot as part of any construction and construction timeline,
anticipated sit-down versus drive-thru traffic, and a general discussion on Pollo Campero, other
locations, and the anticipated number of employees.
Ms. McIntosh noted additional discussion and clarification were provided by both the project
architect and City staff regarding the request by the Applicant to follow the City Code signage
requirements as opposed to the guidelines within Shingle Creek Crossing.
Ms. McIntosh stated the Planning Commission ultimately recommended City Council approval
(6-0) of Planning Commission Application No. 2023-002 for approval of an amendment to the
2011 Shingle Creek Crossing Planned Unit Development plans and documents and site and
building plan approval for the approximately 2,678-square foot restaurant and drive-thru located
5/22/23 -9- DRAFT
on Building Site R within the Shingle Creek Crossing Planned Unit Development and commonly
addressed as 1340 Shingle Creek Crossing.
Councilmember Lawrence-Anderson noted her appreciation of the pollinator-friendly column. She
asked if the City can encourage more native and pollinator-friendly plantings. There are a host of
plantings mentioned within the Monarch Pledge document.
Councilmember Lawrence-Anderson asked what the type of food is and the price points. Jeff
Stromgren, a representative of Rice Stromgren Architects, explained Pollo Campero originated in
Argentina and has headquarters in Dallas. There is only one location in Minnesota, West St. Paul.
They primarily have fried chicken with sides. The company is also working on a vegetarian menu.
It would be considered fast food for pricing.
Councilmember Lawrence-Anderson added the patio is very interesting and would be a great
addition to the City.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt a
resolution regarding Planning Commission Application No. 2023-002 for approval of an
amendment to the 2011 Shingle Creek Crossing Planned Unit Development and approval of a site
and building plan for an approximately 2,678-square foot restaurant and drive-thru on Building
Site R within the Shingle Creek Crossing PUD, and located at 1340 Shingle Creek Crossing, based
on the findings of fact and submitted plans, and as amended by the conditions of approval outlined
in the related Council resolution.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. COMMISSION APPOINTMENTS
Mayor Graves explained she had two appointments to the Housing Commission. The
recommendations include Lori Best DeYoe, who comes from an unrepresented area of the
City, and Letrecia Mayo.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to ratify the
Mayor's appointments to the Housing Commission.
Motion passed unanimously.
Mayor Graves added the Grant Policy Discussion planned for that evening would not be taking
place.
11. COUNCIL REPORT
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Mayor Graves reported on her attendance at the following and provided information on the
following upcoming events:
Attended the Mayor's Innovation Project
Attended Emerging BC Retreat and community dinner
Presented comments at the Twin Cities Diversity Homeownership Fair
Presented welcoming remarks at SEWA Health Fair
Councilmember Kragness reported on her attendance at the following and provided information
on the following upcoming events:
Met with Senator Pha; noted she wants to meet with Brooklyn Center officials regarding
some legislation.
Mayor Graves directed staff to schedule a presentation from Senator Pha on the calendar.
Councilmember Jerzak noted Representative Vang should also be part of that conversation. Mayor
Graves stated there were different interests between Brooklyn Center and Representative Vang.
Councilmember Jerzak stated the Chair of the Committee represented the situation differently.
Mayor Graves stated there were some other politics at play.
12. ADJOURNMENT
Councilmember Lawrence-Anderson moved and Councilmember Kragness seconded the
adjournment of the City Council meeting at 8:13 p.m.
Motion passed unanimously.
5/23/23 -1- DRAFT
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
MAY 22, 2023
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH THE CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April
Graves at 6:41 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia
Kragness. Councilmember Marquita Butler was absent and excused. Also present were Assistant
City Manager/City Clerk Barb Suciu, Interim Community Development Director Jesse Anderson,
Planner and Zoning Administrator Ginny McIntosh, Deputy City Clerk Shannon Pettit, and City
Attorney Jason Hill.
Mayor April Graves opened the meeting with an Informal Open Forum.
Gretchen E. thanked the Council and City for their response and resolution to removing a broken
tree limb due to weather. She then asked about the Alternate Response Program, funding, and
partnering with neighboring cities and Hennepin County. She discussed the potential funding and
noted that the program is still in the early planning stages. Mayor Graves noted that many
conversations regarding the program are happening outside of the City Council meetings.
Carlos B. expressed concerns with the Speedway Gas Station, safety concerns, and inability to turn
to law enforcement. He asked the Council to consider options such as closure or reducing hours
rather than allowing 24-hour open hours. Mayor Graves stated she would contact Community
Outreach and would like to follow up as time progresses.
Laurie M. expressed disappointment in the lack of acknowledgment towards Law Enforcement
Appreciation Week, Asian Pacific Islander Month, and Mental Health Awareness Month. She
stated that she attended the Emerging BC dinner and was disappointed in the choice of wording
and offensive references she overheard from a past AACP president and a City representative.
Mayor Graves noted that there was an appreciation for Law Enforcement Appreciation Week at
May 8, 2023, meeting, and there is a proclamation for Mental Health Awareness Month which will
be read at tonight's meeting. She also noted that Councilmember Lawrence-Anderson made the
Council aware of Asian Pacific Islander Month at the beginning of the meeting, and the Council
will have a proclamation or resolution acknowledging this next year.
5/22/23 -2- DRAFT
Kevin S. suggested the Council consider bringing the community to the council meetings when
they present proclamations and resolutions to specific groups. He also thanked the Council for the
lack of chaos that is present at the meetings.
Phillip M. distributed a letter to express concern over landlord-tenant relationships he and other
business owners in the community are experiencing. He is asking the Council for intervention to
help alleviate the continued tension within the community. It was suggested that Phillip contact
Vong Thao, Economic Development Coordinator, to discuss concerns and potential solutions.
Councilmember Jerzak moved, and Councilmember Kragness seconded to close the Informal
Open Forum at 7:04 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Lawrence-Anderson read the quote titled A Tale of Two Wolves, "My son, there
is a battle between two wolves inside all of us. One is Evil. It is anger, jealousy, greed, resentment,
inferiority, lies, and ego. The other is good. It is joy, peace, love, hope, serenity, humility, kindness,
benevolence, empathy, generosity, and truth. The boy thought about it for a minute and then asked
his grandfather: "Grandfather, which wolf wins?" The old man quietly replied, "The one you feed."
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves
at 7:11 p.m.
4. ROLL CALL
Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia
Kragness. Councilmember Marquita Butler was absent and excused. Also present were Assistant
City Manager Barb Suciu, Interim Community Development Director Jesse Anderson, Planner and
Zoning Administrator Ginny McIntosh, Deputy City Clerk Shannon Pettit, and City Attorney Jason
Hill.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the
Agenda and Consent Agenda, as amended, and the following consent items were approved:
5/22/23 -3- DRAFT
6a. RESOLUTION NO. 2023-65 AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2024-01,
ORCHARD LANE EAST IMPROVEMENTS PROJECT
6b. ORDINANCE NO. 2023-01 STORM SEWER, DRAINAGE AND UTILITY
EASEMENTS WITHIN LOTS 1, 2, AND 3, BLOCK 6, WANGSTAD'S
BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA (1ST
READING)
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PROCLAMATION DECLARING MAY AS MENTAL HEALTH MONTH IN THE
CITY OF BROOKLYN CENTER
Mayor Graves read in full a Resolution declaring May as Mental Health Month.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to accept a
proclamation declaring May as Mental Health Month in the City of Brooklyn Center.
Motion passed unanimously.
Mayor Graves noted she is completing her certificate in trauma-effective leadership through the
University of Minnesota.
7b. TENANT PROTECTIONS UPDATE
Interim Community Development Director Jesse Anderson explained two primary ordinances on
which the Council requested reflection. The first ordinance was regarding Pre-Eviction Filing
Notice, which would provide tenants a 30 notice that the property owner intends to file an eviction
for non-payment of rent or a material breach of the lease.
Mr. Anderson noted the other ordinance was regarding Just Cause Non-Renewal. This ordinance
would prevent a property owner or manager from non-renewing an existing tenant's lease without
Just Cause and provide tenants with why their lease was being non-renewed by the property owner.
Just Cause could include non-payment of rent, material non-compliance with the lease, refusal to
renew a lease agreement, occupancy by the property owner or family member, building
demolishing or conversion, rehabilitation or renovation, complying with a government order to
vacate, and occupancy conditioned on employment.
Mr. Anderson stated in 2018-2019; the City first looked at adopting a tenant protection ordinance
regarding the sale of an affordable housing property. This ordinance notified tenants of the sale
and any material lease changes, including rent rate changes. In the ordinance, if the owner did not
provide sufficient notice, the tenant would be allowed to receive relocation assistance. This
5/22/23 -4- DRAFT
ordinance was adopted in January 2019.
Mr. Anderson noted in further conversation with City Council on housing policies that the Council
wanted staff to look at additional tenant protections beginning in early 2021. Staff received
direction from City Council to look at tenant protections that the City can adopt to give
tenants/residents additional protections in addition to the State statutes.
Mr. Anderson pointed out staff reviewed the adopted tenant protections by the City of St. Paul and
then met with City of St. Paul staff to discuss the adopted tenant protections; due to the lawsuit
against the City of St. Paul, the City of Brooklyn Center decided only to bring forward a few tenant
protections. The adopted tenant protections by the City of St. Paul were challenged in court and
the City of St. Paul ultimately rescinded the ordinance.
Mr. Anderson stated the City had several conversations with landlords/property owners, tenants,
tenant rights organizations, and the MN Multi-Housing Association to discuss the proposed tenant
protections in hopes of bringing together a compromise. During the meetings, staff could hear
both sides express their concerns about adopting the ordinance as is, the proposed changes to the
ordinance, and the City doing nothing to further tenant protections in the City.
Mr. Anderson explained the proposed ordinance was brought to the Housing Commission on
October 19, 2021. The Housing Commission heard from housing advocacy groups and numerous
tenants and was asked to approve the proposed ordinance. The Housing Commission unanimously
approved a recommendation to approve the proposed ordinance.
Mr. Anderson added it was brought back to City Council on December 13, 2021, meeting for a
public hearing and approval of a resolution adopting the second reading and to publish a summary
of the ordinance. Staff also provided additional information on the current housing status in
Brooklyn Center and explained the new proposed tenant protection in further detail. There was
public comment from property owners, tenants, and tenant advocacy organizations. The
discussion among Council members agreed to continue the tenant protections at the next council
meeting in January 2022.
Mr. Anderson noted during the City Council meeting on February 14, 2022; the Council continued
the tenant protection conversation. There were three proposed changes. First, an added provision
that would require property owners to track and report to the City any non-renewals of leases and
the reason for non-renewal. The second change would reduce the pre-eviction notice from 30 to
14 days. The third change would be to add a provision allowing property owners to give a 90-day
notice for non-renewal without reason.
Mr. Anderson pointed out that public comment was heard, and Council Members had a lengthy
discussion about the proposed changes. The Council wanted to hear from the Housing
Commission about the proposed changes, so it was asked that the agenda be brought back to the
February 28, 2022, council meeting.
Mr. Anderson stated during the Council meeting on February 28, 2022, staff presented and reported
5/22/23 -5- DRAFT
February 15, 2022, Housing Commission meeting discussion about the three proposed
changes. The Housing Commission preferred a 30-day pre-eviction notice but would consider a
14-day notice a good compromise. The Commission was split on the 90-day non-renewal notice
without Just Cause, and finally, the Commission agreed that the property owners should be
required to document and report non-renewals.
Again, Mr. Anderson added that public comment was heard regarding the proposed changes. The
Council actively discussed the changes and voted to approve Resolution No. 2022-30, which
included the 30-day pre-eviction notice, just cause non-renewal, and tracking and reporting of non-
renewals.
Mr. Anderson explained staff sent out a survey to all property owners and managers on April 5,
2023. The survey was sent via GovDelivery and emailed to all property owners in approximately
350 emails. The GovDelivery and email went out to single-family and multi-property owners and
managers. Another email was sent on April 24, 2023, to the City's large property owners and
managers. A total of 27 responses were received.
Mr. Anderson stated the survey was nine questions and asked specifically about evictions and non-
renewals. Responses were aggregated so no individual property owner could be identified. 95
percent of respondents stated their property is considered affordable housing.
Mr. An derson pointed out there was a question regarding the number of evictions. 23 owners filed
0-5 evictions, 2 filed 6-10 evictions, and two filed 30-60 evictions. 11 were filed for non-payment
of rent, three for abandonment, and two for lease violations. Ultimately, 13 did not file an eviction,
six times the landlord waited 5-8 weeks, five times the landlord waited 0-4 weeks, and three times
the landlord waited 9+ weeks.
Mr. Anderson explained there was a question about the results of the eviction hearing. 10 cases
were issued a writ of recovery, five resulted in mutual termination, and three resulted in mediation.
Mr. Anderson noted there were also questions about non-renewals. In 2022, 18 respondents issued
0-5 non-renewals, four issued 6-10, one issued 11-15, and two issued 15 or more non-renewals.
61.5 percent of non-renewals were for excessive late rent, five were due to material lease
violations, and three non-renewals were for mutual termination.
Mr. Anderson pointed out 77 percent of respondents stated that the tenant protection ordinance did
not impact their decision to issue an eviction. Additionally, 70 percent stated that the tenant
protection ordinance did not impact their decision to issue a non-renewal.
Mayor Graves asked for Mr. Anderson's opinion of the results. She asked what types of landlords
responded to the survey. Mr. Anderson explained the surveys were anonymous, so he could not
say the size of the residences. He pointed out that going to court for just cause non-renewal is a
more private matter, so the survey results don't indicate a direction.
Mayor Graves noted the numbers might be skewed because of the recent eviction moratorium. Mr.
Anderson agreed previous information would be beneficial, but it is unlikely that landlords kept
5/22/23 -6- DRAFT
records of the data they were looking for.
Councilmember Lawrence-Anderson would like more information on eviction and non-renewal
rates from other periods.
Councilmember Jerzak pointed out many issues with one housing unit. He has a concern that they
are forcing landlords into adversarial relationships. He asked some landlords why the City didn't
receive more survey responses. Landlords stated they have tenant protection fatigue. The process
has become more difficult and tiring for all parties.
Councilmember Jerzak added landlords are a great partner for the City regarding crime prevention.
However, the City has taken away some of the tools from property owners to maintain a safe,
healthy environment. As a result, many good tenants are being lost. Additionally, many landlords
and tenants have misunderstandings regarding just cause.
Councilmember Kragness stated she has concerns about the impact of eviction hearings on the
relationship between tenants and landlords. Mayor Graves pointed out there were many
discussions, and the final decision was a compromise by both sides. The ordinance could use some
tweaking, but the City needs more data before implementing any changes.
Councilmember Lawrence-Anderson asked if the Council would be comfortable requesting the
Housing Commission review-related data. Mayor Graves and Councilmember Jerzak noted their
support of the idea.
8. PUBLIC HEARINGS
None.
9. PLANNING COMMISSION ITEMS
9a. RESOLUTION NO. 2023-66 APPROVING PLANNING COMMISSION
APPLICATION NO. 2023-002, SUBMITTED BY LA PALMA PROPERTIES II LLC
FOR APPROVAL OF AN AMENDMENT TO THE 2011 SHINGLE CREEK
CROSSING PLANNED UNIT DEVELOPMENT AND APPROVAL OF A SITE AND
BUILDING PLAN FOR AN APPROXIMATELY 2,678-SQUARE-FOOT
RESTAURANT AND DRIVE-THRU ON BUILDING SITE R WITHIN THE
SHINGLE CREEK CROSSING PUD (1340 SHINGLE CREEK CROSSING)
Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning
Commission Application No. 2023-002. La Palma Properties II LLC is requesting review and
consideration of a proposal that would develop what is known as Building Site R within the Shingle
Creek Crossing shopping center, commonly addressed as 1340 Shingle Creek Crossing, to an
approximately 2,678-square foot Pollo Campero restaurant and drive-thru. The Subject Property
encompasses approximately 1.03 acres and is located east of Xerxes Avenue North and south of
56th Avenue North.
5/22/23 -7- DRAFT
Ms. McIntosh explained shopping center developer Gatlin Development Company provided a
monetary contribution as part of the construction of the new Brooklyn Center Liquor Store and
adjacent EDA-owned space (1350 Shingle Creek Crossing) to allow for the completion of the
remaining parking lot, utility connections, and final grading for the City project as well as the three
remaining pad sites along the west side of the shopping center, and of which includes the Subject
Property. The Applicant purchased the Subject Property from Gatlin Development Company in
January of this year.
Ms. McIntosh showed some photos of the property in question. She also showed an aerial image
of the site.
Ms. McIntosh stated Planning Commission Application No. 2023-002 was submitted to the City
for consideration of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development
plans and documents, as well as site and building plan approval for the approximately 2,678-square
foot restaurant and drive-thru. The Planning Commission held a public hearing on the requests on
May 11, 2023.
Ms. McIntosh pointed out that City staff published the hearing notice as a proactive measure while
identifying whether a separate use permit would be required for the drive-thru. Although the City
Attorney finally determined that a separate use permit was not necessary and, therefore a public
notice was not required, the notice had already been submitted to the newspaper.
Ms. McIntosh noted City staff continued with the public process and sent mail notifications to
neighboring taxpayers and physical addresses per City Code and statute requirements, and
development proposal signage was installed on the Subject Property. No public comments were
received in advance of the public hearing or at the public hearing.
Ms. McIntosh explained the requested amendments are due to modification requests to over 10
percent change in approved floor area structure, some changes to the parking and circulation, and
a request to comply with City signage provisions as opposed to Shingle Creek Crossing signage
guidelines. Ms. McIntosh showed the proposed signage and exterior elevations of the building.
Ms. McIntosh explained the plan is for a 2,678-square-foot restaurant with a drive-thru. City Staff
worked through multiple versions of the proposal. Staff also reviewed the plans against City Code
and other architectural and signage guidelines. As proposed and with exceptions to the building
footprint, drive-thru, and select parking lot revisions, the plans are generally in alignment with the
2014 approvals for Building Site R. There is a minimum setback of 35 feet off Xerxes Avenue
North.
Ms. McIntosh noted primary site access is off Xerxes Avenue North via 55th or 56th Avenue North.
Driveway access off Xerxes was not supported due to traffic conditions along Xerxes. A garbage
truck layer was provided as part of the submittal. Only 27 on-site parking spots are required, and
the proposed configuration offers 45 spaces. The minimum standards for parking dimensions and
drive aisles are met. Also, sidewalk connections and bicycle facilities are provided.
5/22/23 -8- DRAFT
Ms. McIntosh stated a photometric plan and fixture schedule were submitted. The plans need some
revision to address continuity and consistency. There is a trash enclosure on the north end of the
site. There are also receptacles provided at main access points and gathering spaces. The proposed
drive-thru lane shall be screened with berming, landscaping, or fencing per architectural
guidelines. All roof-mounted equipment also requires screening. The application prosed the
installation of landscaping for the entire length of the drive-thru with aluminum edging.
Ms. McIntosh pointed out staff reviewed the submitted architectural set against the City's building
materials and other guidelines. A proposed mix of stucco, porcelain tile, and aluminum
compositive paneling is proposed. An elevation-by-elevation material breakdown was provided to
the staff. It primarily consisted of stucco, which is a Class I material. The building is 21 feet tall,
with the highest parapet at 25 feet. There are canopies at select locations, and architectural projects
were incorporated. Staff noted a fair amount of wall space. However, wall lighting and material
changes were incorporated to promote visual interest.
Ms. McIntosh showed an aerial view of the building, the site plan, and more detailed building
material images. She noted that the colors and specifications of masonry and stucco would be
consistent throughout the development. Pollo Campero has been rolling out a brand refresh
incorporating a vibrant color.
Ms. McIntosh noted that a landscape plan was submitted, which is a mix of native and non-native
and pollinator and non-pollinator-friendly options. Irrigation systems will be required to be
installed and maintained.
Ms. McIntosh added engineering reviewed the plans and provided a memo dated April 27, 2023.
Also, an MPCA NPDES permit is required, and a Construction Management Plan and Agreement
and Utility Facilities Easement Agreement shall be submitted to the City before any permits can
be issued.
Ms. McIntosh explained following the close of the public hearing; the Planning Commission
engaged in an in-depth conversation with the Applicant and project architect regarding the overall
function of the Subject Property (e.g., snow removal, trash enclosure, and trash pick-ups),
disturbance to the existing parking lot as part of any construction and construction timeline,
anticipated sit-down versus drive-thru traffic, and a general discussion on Pollo Campero, other
locations, and the anticipated number of employees.
Ms. McIntosh noted additional discussion and clarification were provided by both the project
architect and City staff regarding the request by the Applicant to follow the City Code signage
requirements as opposed to the guidelines within Shingle Creek Crossing.
Ms. McIntosh stated the Planning Commission ultimately recommended City Council approval
(6-0) of Planning Commission Application No. 2023-002 for approval of an amendment to the
2011 Shingle Creek Crossing Planned Unit Development plans and documents and site and
building plan approval for the approximately 2,678-square foot restaurant and drive-thru located
5/22/23 -9- DRAFT
on Building Site R within the Shingle Creek Crossing Planned Unit Development and commonly
addressed as 1340 Shingle Creek Crossing.
Councilmember Lawrence-Anderson noted her appreciation of the pollinator-friendly column. She
asked if the City can encourage more native and pollinator-friendly plantings. There are a host of
plantings mentioned within the Monarch Pledge document.
Councilmember Lawrence-Anderson asked what the type of food is and the price points. Jeff
Stromgren, a representative of Rice Stromgren Architects, explained Pollo Campero originated in
Argentina and has headquarters in Dallas. There is only one location in Minnesota, West St. Paul.
They primarily have fried chicken with sides. The company is also working on a vegetarian menu.
It would be considered fast food for pricing.
Councilmember Lawrence-Anderson added the patio is very interesting and would be a great
addition to the City.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt a
resolution regarding Planning Commission Application No. 2023-002 for approval of an
amendment to the 2011 Shingle Creek Crossing Planned Unit Development and approval of a site
and building plan for an approximately 2,678-square foot restaurant and drive-thru on Building
Site R within the Shingle Creek Crossing PUD, and located at 1340 Shingle Creek Crossing, based
on the findings of fact and submitted plans, and as amended by the conditions of approval outlined
in the related Council resolution.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. COMMISSION APPOINTMENTS
Mayor Graves explained she had two appointments to the Housing Commission. The
recommendations include Lori Best DeYoe, who comes from an unrepresented area of the
City, and Letrecia Mayo.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to ratify the
Mayor's appointments to the Housing Commission.
Motion passed unanimously.
Mayor Graves added the Grant Policy Discussion planned for that evening would not be taking
place.
11. COUNCIL REPORT
5/22/23 -10- DRAFT
Mayor Graves reported on her attendance at the following and provided information on the
following upcoming events:
• Attended the Mayor's Innovation Project
• Attended Emerging BC Retreat and community dinner
• Presented comments at the Twin Cities Diversity Homeownership Fair
• Presented welcoming remarks at SEWA Health Fair
Councilmember Kragness reported on her attendance at the following and provided information
on the following upcoming events:
• Met with Senator Pha; noted she wants to meet with Brooklyn Center officials regarding
some legislation.
Mayor Graves directed staff to schedule a presentation from Senator Pha on the calendar.
Councilmember Jerzak noted Representative Vang should also be part of that conversation. Mayor
Graves stated there were different interests between Brooklyn Center and Representative Vang.
Councilmember Jerzak stated the Chair of the Committee represented the situation differently.
Mayor Graves stated there were some other politics at play.
12. ADJOURNMENT
Councilmember Lawrence-Anderson moved and Councilmember Kragness seconded the
adjournment of the City Council meeting at 8:13 p.m.
Motion passed unanimously.
5/22/23 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
MAY 22, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session
called to order by Mayor/President April Graves at 8:22 p.m.
ROLL CALL
Mayor/President April Graves and Councilmembers/Commissioners Kris Lawrence-Anderson,
Dan Jerzak, and Teneshia Kragness. Councilmember/Commissioner Butler was excused. Also
present were Assistant City Manager/City Clerk Barb Suciu, Deputy City Clerk Shannon Pettit,
and City Attorney Jason Hill.
GRANT POLICY
Finance Director Holm presented the draft Grant Administration Policy which was created by
Director Holm as well as the Finance Commission. The purpose of the policy to allow for adequate
internal controls, develop, implement, and maintain grant oversight, provide a uniform method of
applying for and managing grants, ensure Uniform Guidance is applicable to Federal Funds, and
outline procedures.
She noted that the council will approve all grant awards which will require a res olution. Grant
awards will be subject to the Purchasing Policy and documentation will be stored in accordance
with the retention policy. She also noted that funds will not be disbursed until a fully executed
agreement has been received. It was also noted that the departments will have the ability to assign
a grant administrator who will be the main contact for the department. Grant review will occur
periodically and a final close-out memo will be prepared by each department, however, the Finance
Director will confirm the grant close-out and finalize it.
Director Holm stated that once any questions, concerns, or revisions were made, she will prepare
a resolution for adoption to be presented to the council. She also noted that there will be a Grant
Administration Procedures Manual completed by staff.
Councilmember Kragness thanked those involved in creating this policy.
Councilmember Jerzak expressed concern with the change made regarding the grant application
approval as it previously stated that the council will approve grant applications rather than City
5/22/23 -2- DRAFT
Manager approval. Director Holm stated that after further discussion with staff, it was decided that
due to potential timeline issues, it would be best to allow staff to apply for grants rather than
propose potential grant applications to the council. Councilmember Jerzak continued to express
concern with this change as he would like the council to examine those grant holders to ensure
they align with the city’s strategic plan and priorities and value systems.
Mayor Graves asked if the Finance Commission voted on changes/updates, or if it was a general
consensus. Director Holm noted that the Finance Commission was unable to obtain a quorum,
therefore it was a general consensus, as they knew it was time-sensitive and didn’t want to delay
the process of approval. She also noted that there will be further discussion on the potential of
grant approval/non-approval for certain county and federal grants, as well as amounts.
Mayor Graves noted that she believes the staff should be able to determine which grants to apply
for rather than the council approving or not-approving the applying for grants.
Councilmember Kragness asked that the revisions/changes be presented to the Finance
Commission before the council votes on the Grant Policy.
Councilmember Lawrence-Anderson expressed agreeance with Councilmember Kragness and
would like to see the Finance Commission review the updated policy prior to approval by the
council. She also noted that she would like to see due diligence with the grant opportunities and
would like the council to be involved in the application submission, as well as the length of monies
available.
Councilmember Jerzak clarified his support in approving the application process is to help support
staff in their time and efforts when researching available grants as well as the grant holders. He
also noted that he is concerned with the grant process being a way to circumvent the budgeting
process, as oftentimes grant monies run out.
Councilmember Lawrence-Anderson noted that there have been many emergencies and last-
minute grant applications and she would like to see the council more involved and educated on the
grant availabilities and applications.
Mayor Graves noted that often there isn’t time for the council to hold a special meeting to approve
the application for a grant, and also noted that it’s important for the council to be informed of any
grant applications that are in progress or pending. She also stated her support for a specific dollar
amount in an attempt to reduce the tediousness of approving grants.
Director Holm asked for clarification on grant resolutions and the inclusion of a dollar amount.
Mayor Graves stated that the council doesn’t need to approve the application of grants, but would
like to approve the acceptance of grants. She also stated that the council would like to know of any
grants that are being considered.
Assistant City Manager Suciu noted that moving forward, the application of grants can be placed
in the Weekly Update for council information.
5/22/23 -3- DRAFT
Mayor Graves noted that grant sustainability should be acknowledged and discussed further.
CITY-WIDE SURVEY DISCUSSION
Assistant City Manager Suciu updated the council on the City-Wide Survey changes and updates
as requested. She discussed the timeline and noted it will take approximately five weeks to
complete, and the results will be included in the strategic planning.
Mayor Graves asked for the wording to be changed on question 11, and simply ask ‘Why?’.
Councilmember Kragness asked that the grammar be reviewed before the survey is live.
UPCOMING ITEMS
THC Moratorium - June 12
Memorial Policy - June 12
Special Assessment Policy/Franchise Fees (referred to Financial Commission)
Beautification and Public Art Commission
Liquor Store 2
Organizational Chart-Budget work sessions
Rental License Review (referred to Housing Commission)
Food Truck Ordinance/License
Emerald Ash Borer Policy Review (referred to Park & Rec Commission November)
ADJOURNMENT
Councilmember/Commissioner Jerzak moved and Councilmember/Commissioner Butler
seconded the adjournment of the City Council/Economic Development Authority Work Session at
9:14 p.m.
Motion passed unanimously.
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:S hannon Pe,t, D eputy C ity C lerk
S U B J E C T:A pproval of Licens es
Requested Council A con:
- moon to approve the licenses as presented.
B ackground:
The following bus inesses /persons have applied for C ity licens es as noted. Each bus iness/pers on has
fulfilled the requirements of the C ity O rdinance governing respec7ve licens es, s ubmi8ed appropriate
applica7ons, and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12
of the C ity C ode of O rdinances , unles s comments are noted below the property addres s on the a8ached
rental report.
Garbage Haulers
Allied Waste Services of N orth America, L L C , 8661 Rendova Street N E , C ircle Pines, MN 55014
B L 23-0342
Midwes t G reas e, 220 Ponderos a Road, Redw ood Falls , M N 56283
B L 23-0307
Was te M anagement - Blaine, 10050 Naples S treet N E, Blaine, M N 55446
B L 23-0352
M echanical
A nders on’s Residen7al H ea7ng & A /C
1628 County Rd 10, #34, S pring Lake Park, 55432
Forw ard A ir, I nc. F F M L L C
9220 Wright Bros C t. S W, Cedar Rapids 52404
F riendly H ome S ervices I nc.
11792 272nd Ave N W, Z immerman 55398
H omeworks S ervices L L C
915 Blue G en7an Rd, S uite 100, Eagan 55121
K irts Mechanical L L C
2803 Roth P l, W hite Bear L ake 55110
Liberty Comfort S ys tems
627 Eas t River Rd, A noka 55303
Midwes t Electric and G enerator
10215 Twin L akes Rd N W, Elk River 55330
Ray Welter H tg C o.
4637 Chicago Ave S , M inneapolis 55407
S chw antes H ea7ng and A ir C ondi7oning, I nc.
6080 O ren Ave S , S 7llwater 55082
S ouths ide H ea7ng & A ir Condi7oning I nc.
10808 Normandale Blvd, Bloomington 55437
S t. Paul P lumbing & H ea7ng C o.
640 G rand Ave, S t. Paul 55105
Tim’s Q uality P lbg.
225 County Rd 81, O s s eo 55369
WJ W Company
10068 F landers C ourt, Blaine 55449
S ign H angers
S igncraGers O utdoor
14050 Lincoln S t. N E, H am L ake 55304
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera7onal Excellence
AT TA C H M E N TS :
D escrip7on U pload D ate Type
Rental C riteria 3/16/2021 Backup M aterial
Rental L icenses 06/12/23 6/5/2023 Backup M aterial
Page 2 of 2
b.Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events
categorized as Part I crimes in the Uniform Crime Reporting System including
homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are “Family or household members” as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of
Units
Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No
Category
Impact
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
Type I – 3 Year 1-2 units 0-2
3+ units 0-0.75
Type II – 2 Year 1-2 units Greater than 2 but not more than 5
3+ units Greater than 0.75 but not more than 1.5
Type III – 1 Year 1-2 units Greater than 5 but not more than 9
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 units Greater than 9
3+ units Greater than 3
Location Address License Subtype Renewal/Initial Owner
Property Code
Violations
License
Type Police CFS*
Final
License
Type**
Previous
License
Type***
Consecutive
Type IV's
2801 67th La N Single Initial P J Carey & M J Carey
0 Type I N/A Type II N/A N/A
3715 58th Ave N Single Initial Saldi Home Improvement Llc
5 Type II N/A Type II N/A N/A
407 70th Ave N
Multiple Family
8 Bldgs 128 Units Renewal Gary F Brummer 190 = 1.48 per unit Type II 8/21/22 Disturbance Type II Type I N/A
700 66th Ave N
Multiple Family
24 Bldgs 92 Units Renewal Georgetown-bc Company Lllp 258 = 2.80 per unit Type III
6/14/22 Robbery
12/31/22 Aggravated Assault Type III Type III N/A
4809 Twin Lake Ave N
Multiple Family
2 Bldgs 6 Units Renewal Twin Lake Apartments, LLC 5 = 0.83 per unit Type II 0 Type II Type IV N/A
4811 Lakeview Ave N
Multiple Family
1 Bldg 4 Units Renewal Eileen Booker
5 = 1.25 per unit Type II 0 Type II Type IV 0
6125 Lilac Dr N
Multiple Family
1 Bldg 65 Units Renewal Lanel Crossings Ltd Ptnrshp 96 = 1.48 per unit Type II 0 Type II Type II N/A
1217 54th Ave N Two Family Renewal Jackson Hurst & Cierra Hurst
6 Type III 0 Type III Type IV 0
7206-12 West River Rd Two Family Renewal Jason L Ingbretson
7 Type III 0 Type III Type II N/A
4207 Lakeside Ave N, #236 Condo Renewal Judith C Spanberger
4 Type II 0 Type II Type I N/A
1600 71st Ave N Single Renewal Fyr Sfr Borrower Llc
13 Type IV 0 Type IV Type III 0
1900 Brookview Dr Single Renewal Ih3 Property Minnesota Lp
18 Type IV 0 Type IV Type I 0
2607 65th Ave N Single Renewal Oluwaferanmi Amusan
6 Type III 0 Type IV Type IV 2
3141 49th Ave N Single Renewal
Ccf3 Llc
Did not meet requirements
5 Type II 0 Type IV Type IV 2
3906 Janet La Single Renewal Lateef Olayiwola Adeleke
8 Type III 0 Type IV Type IV 2
5024 71st Ave N Single Renewal Fyr Sfr Borrower Llc
10 Type IV 0 Type IV Type III 0
Rental Licenses for Council Approval 6.12.23
5344 Twin Lake Blvd E Single Renewal Takasi Sibuya
7 Type III 0 Type III Type I N/A
5542 Irving Ave N Single Renewal Ri Five Llces
4 Type II 0 Type II Type II N/A
5550 Girard Ave N Single Renewal Restart Inc
2 Type I 0 Type I Type IV N/A
5636 Fremont Ave N Single Renewal Alice I Mansaray
1 Type I 0 Type I Type IV N/A
5712 Northport Dr Single Renewal
R & C Scherbing Fam Rv Lv
Tr 2 Type I 0 Type I Type I N/A
6219 Chowen Ave N Single Renewal Butterfly Bound Care
4 Type II 0 Type II Type IV N/A
6325 Kyle Ave N Single Renewal Cuong Pham
4 Type II 0 Type IV Type IV 3
6600 Dupont Ave N Single Renewal Thomas Le & Mai Le
0 Type I 0 Type I Type IV N/A
7013 Knox Ave N Single Renewal
HPA II BORROWER 2021-1
LLC
7 Type III 0 Type III Type IV N/A
7024 Newton Ave N Single Renewal T Pfingsten & M W Omelia
2 Type I 0 Type I Type I N/A
7137 Grimes Ave N Single Renewal
Shawn Banks & Djuana J
Banks
0 Type I 0 Type I Type I N/A
7225 Major Ave N Single Renewal Iasis Iii Llc
13 Type IV 0 Type IV Type III 0
*CFS = Calls for service for renewal licenses only (Initial licenses are not applicable to calls for service, and will me listed as N/A
**License type being issued
***Initial licenses will not show a Type I = 3 year, Type II - 2 year, Type I = 1 year, Type IV = 6 months
All properties are current on City utilities and property taxes
C ouncil R egular Meeng
D AT E:6/12/202 3
TO :City Council
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:J im Langemo, Equity & H uman Resources D irector
S U B J E C T:Resolu/on Approv ing the Labor Agreement for the L aw Enforcement Labor S ervices, I nc. (L E L S N U M B E R
512) and the City of Brooklyn Center for the Period Beginning May 22, 20 22, 2023 , and 2024
Requested C ouncil A con:
- moon to approve a resoluon approving the L abor A greement for the L aw Enforcement L abor S ervices, I nc. (L EL S N U M BE R
512 ) and the C ity of Brooklyn C enter for the period May 22, 20 22, years 20 23 and 2 024.
B ackground:
I n May 2022, the City of Brooklyn Center was no/fied of the des ire to nego/ate by L aw Enforcement L abor S erv ice (L E L S ) for an
ini/al union contract for G roup 51 2 (Non-L icensed L aw Enforcement S upport S taff). The s taff has nego/ated in good faith with
repres enta/ves from L EL S and members of the new ly formed union group, and recently, the union representa/ves , members of
the union, and the City have agreed. The highlights of contract are as follows:
A rcle 13 - Wages
The salary structure went from a seven s teps to five steps. The increases are as follows:
2022 - 2 percent
2023 - 3 percent
2024 - 3 percent
The full s alary structure is on page 8 of the contract.
13.5 - Reten/on - $2,5 00 and 40 hours of vaca/on w ill added to all members that were employed with the City on May 22, 2022.
A rcle 18 - S everance Pay
Employees who s eparate from the City in good standing, at leas t 14 day adv ance no/ce, are en/tled to the following s everance:
1) one-third of their accumulated s ick leave if the employee has been with the City or at least fiv e consecu/ve years; and
2) up to 230 hours of accrued v aca/on leave, will be deposited into Post Employment H ealth C are S avings P lan (P E H C S P )
account.
A rcle 23 - Uniforms
Employees will receiv e $25 0.00 for uniform allow ance.
B udget Issues:
For 2023, there are s ix (6) members eligible to receive the $2,500, for a total impact of $1 5,000.
For 2024, the s alaries outlined in the contract w ill be built into the budget.
I nclusive C ommunity Engage ment:
- N one
A nracist/Equity Policy Effe ct:
- N one
S trategic Priorie s and Values:
S afe, S ecure, S table C ommunity, O pera/onal Excellence
AT TA C H M E N TS:
D escrip/on Upload D ate Ty pe
resolu/on 6/6 /2 023 Res olu/on L eCer
C ontract 6/6 /2 023 Backup M aterial
Member introduced the following resolution and moved its adoption:
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW
ENFORCEMENT LABOR SERVICES, INC. (LELS NUMBER 512) AND THE
CITY OF BROOKLYN CENTER FOR THE PERIOD BEGINNING MAY 22, 2022,
YEARS 2023, AND 2024
WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states
that the City Council is to fix the salary or wages of all officers and employees of the City; and
WHEREAS, the City was presented an initial union contract for LELS NUMBER 512
(Non-Licensed Law Enforcement Support Staff) in May 2022; and.
WHEREAS, the City has negotiated in good faith with LELS NUMBER 512 (Non-
Licensed Law Enforcement Support Staff) for a contract for the period beginning May 22, 2022,
years 2023, and 2024, as attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center approves the LaborAgreement with LELS NUMBER 512 (Non-Licensed Law
Enforcement Support Staff) for the period beginning May 22, 2022, years 2023 and 2024,
____________June 12, 2023______________ _________________________________
Date Mayor
ATTEST: ___________________________
City Clerk
Member duly seconded the motion for the adoption of the preceding resolution
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
LABOR AGREEMENT
between
The City of Brooklyn Center, Minnesota
»° °.K'.<^^CENTER
AT TH E (CENTER
/ „ • \
and
Law Enforcement Labor Services, Inc.
May 22, 2022 - December 31,2024
Law Enforcement
Labor Services
May 24, 2022 - December 31,2024
Representing: Non-Licensed Law Enforcement Support Staff Union Local #512
LABOR AGREEMENT
between
The City of Brooklyn Center, Minnesota
and
Law Enforcement Labor Services
Representing: Non-Licensed Law Enforcement Support Staff Union Local #512
Table of Contents
_Toc134104355
Article 1: Purpose of Agreement................................................................................................................ - 2
Article 2: Recognition................................................................................................................................. 2
Article 3: Definitions................................................................................................................................... 2
Article 4: Savings Clause............................................................................................................................ 3
Article 5: Union Security........................................................................................................................... - 3
Article 6: Employer Security...................................................................................................................... - 4
Article 7: Employer Authority ................................................................................................................... - 4
Article 8: Employee Rights - Grievance Procedure................................................................................... - 4
Article 9: Seniority...................................................................................................................................... 6
Article 10: Discipline.................................................................................................................................. 7
Article 11: Probationary Period................................................................................................................... 7
Article 12: Work Schedules ........................................................................................................................ 7
Article 13: Wages........................................................................................................................................8
Article 14: Vacation Leave ....................................................................................................................... 11
Article 15: Sick Leave............................................................................................................................... 11
Article 17: Overtime Pay.......................................................................................................................... - 13
Article 18: Jury Duty Pay......................................................................................................................... - 13
Article 19: Severance Pay......................................................................................................................... 14
Article 20: Education Compensation ....................................................................................................... - 15
Article 21: Insurance................................................................................................................................. 15
Article 22: Safety ...................................................................................................................................... 16
Article 23: Uniforms................................................................................................................................. 16
Article 24: Waiver..................................................................................................................................... 16
Article 25: Duration.................................................................................................................................. 17
Union Local #5 12 I .abor Agreement - 1 - N/Iny 22. 2022 - December 3 1. 2024
LABOR AGREEMENT
between
The City of Brooklyn Center, Minnesota
and
Law Enforcement Labor Services
Representing: Non-Licensed Law Enforcement Support Staff Union Local #512
Article 1: Purpose of Agreement
This AGREEMENT is entered into between the City of Brooklyn Center, hereinafter called the
EMPLOYER, and Law Enforcement Labor Services, Inc., and Law Enforcement Employees'
Union Local No. 512 members, hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain wages and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S
interpretation and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of employment
for the duration of this AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the
highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this
dedication.
Article 2: Recognition
The EMPLOYER recognizes the UNION as the exclusive representative for the following job
classifications:
All non-licensed employees employed by the City of Brooklyn Center Police
Department, Brooklyn Center, Minnesota who are public employees within the meaning
ofMinn. Stat. § 179A.03, subd. 14, excluding confidential and all other employees.
a) Administrative Assistant
b) Crime Analyst
c) Crime Prevention Specialist
d) Property Technician
e) Records Specialist
f) Records Technician
Article 3: Definitions
3.1 UNION: Law Enforcement Labor Services, Inc. and Law Enforcement Employees'
Union, Local No. 512.
3.2 EMPLOYER: The City of Brooklyn Center.
Union].ocal#512LahorAi;iwn)enl -2- Ma\ 22. 2022 . December 3 I. 2024
3.3 DEPARTMENT: The City of Brooklyn Center Police Department.
3.4 CHIEF: The Chief of the City of Brooklyn Center Police Department.
3.5 UNION MEMBER: A member of Law Enforcement Labor Services, Inc. and Law
Enforcement Employees' Union, Local No. 512.
3.6 UNION OFFICER: The Officers elected or appointed by Law Enforcement Labor
Services, Inc. and Law Enforcement Employees' Union, Local No. 512.
3.7 EMPLOYEE: An employee whose classification is within the exclusively recognized
bargaining unit.
3.8 BASE PAY RATE: The employee's hourly pay rate.
3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess
of the employee's scheduled shift.
3.10 SCHEDULED SHIFT: A consecutive 8-hour work period including rest breaks and a
lunch break.
3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the
EMPLOYEE remains on continual duty and is responsible for assigned duties.
Article 4: Savings Clause
This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the
City of Brooklyn Center. In the event any provision of this AGREEMENT shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgment or decree no
appeal has been taken within the time provided, such provision shall be voided. All other
provisions of this AGREEMENT shall continue in full force and effect. The voided provision
may be renegotiated at the request of either party.
Article 5: Union Security
5.1 In recognition of the UNION as the exclusive representative the EMPLOYER shall:
a) Deduct each payroll period an amount sufficient to provide the payment of dues
established by the UNION from the wages of all EMPLOYEES authorizing in writing
such deduction.
b) Remit such deduction to the appropriate designated officer of the UNION.
5.2 The UNION may designate certain UNION MEMBERS to act as stewards and shall
inform the EMPLOYER in writing of such choice.
5.3 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result
of any action taken or not taken by the EMPLOYER under the provisions of this
ARTICLE.
Union Local #5 12 Labor A.arccmeiit - 3 - May 22. 2022 - December 3 1. 2024
Article 6: Employer Security
The UNION agrees that during the life of this AGREEMENT it will not cause, encourage,
participate in, or support any strike, slow down, other interruption of, or interference with the
normal functions of the EMPLOYER. In the event there is an impasse during negotiations, the
issues shall be submitted for Mediation. A failed mediation will proceed as follows :_In lieu of
the Union's right to strike under Minn. Stat. 179A.18, the parties agree to use interest arbitration
as provided to essential employees under Minn. Stat. 179A.16, Subd. 2.
Article 7: Employer Authority
7.1 The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and modify the
organizational structure; to select, direct and determine the number of personnel; to
establish work schedules; and to perform any inherent managerial function not
specifically limited by this AGREEMENT.
7.2 Any term and condition of employment not specifically established or modified by this
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish, or eliminate.
7.3 The EMPLOYER shall provide a bulletin board for UNION notices and announcements
to be posted.
Article 8: Employee Rights - Grievance Procedure
8.1 Definition of a Grievance: A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of this AGREEMENT.
8.2 Union Representatives: The EMPLOYER will recognize representatives designated by
the UNION as the grievance representatives of the bargaining unit having the duties and
responsibilities established by this ARTICLE. The UNION shall notify the EMPLOYER
in writing of the names of such UNION REPRESENTATIVES and of their successors
when so designated.
8.3 Processing of a Grievance: It is recognized and accepted by the UNION and the
EMPLOYER that the processing of grievances as hereinafter provided is limited by the
job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished
during normal working hours only when consistent with such EMPLOYEE duties and
responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall
be allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the EMPLOYER during normal working hours provided
the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the
approval of the designated supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the EMPLOYER.
8.4 Procedure: Grievances, as defined by Section 8.1, shall be resolved in conformance with
the following procedure:
Union l.ocnl ^512 Labor A"recnK'nl -4 - Vlav 22. 2022 Deccnibcr 3 I. 202.1
Step 1: An EMPLOYEE must present a grievance within twenty-one (21) business days
after the incident giving rise to the grievance has occurred, to the EMPLOYEE'S
commander/division manager as designated by the EMPLOYER.
The EMPLOYER-designated representative will discuss and respond to such Step
1 grievance within fourteen (14) business days after receipt of the grievance in
time-stamped email.
A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in
writing setting forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the AGREEMENT allegedly violated, and the remedy
requested within fourteen (14) business days after the EMPLOYER-designated
representative's final answer in Step 1.
Any grievance not appealed in writing to Step 2 by the UNION within fourteen
(14) business days shall be considered waived.
Step 2: If appealed, the written grievance shall be presented by the UNION and discussed
with the CHIEF or their representative. The EMPLOYER- designated
representative shall give the UNION the EMPLOYER'S Step 2 answer in writing
within fourteen (14) business days after receipt oftime-stamped email of such
Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3
within fourteen (14) business days following the EMPLOYER-designated
representative's final Step 2 answer. Any grievance not appealed in writing to
Step 3 by UNION within fourteen (14) business days shall be considered waived.
Step 3: A grievance unresolved in Step 2 and appealed in Step 3 may be submitted to the
Minnesota Bureau of Mediation Services upon mutual agreement of the parties. A
grievance not resolved in Step 3 may be appealed to Step 4 within fourteen (14)
business days following the Bureau's final answer in Step 3. Any grievance not
appealed in writing to Step 4 by the UNION within fourteen (14) business days
shall be considered waived.
Step 4: A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations
Act of 1971, as amended, unless the Employee chooses a different remedy
pursuant to section 8.7. If the parties cannot agree upon an arbitrator, the selection
of an arbitrator shall be made in accordance with the "Rules Governing the
Arbitration of Grievances" as established by the Public Employment Relations
Board.
Arbitrator's Authority:
a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this AGREEMENT. The arbitrator shall consider
and decide only the specific issue(s) submitted in writing by the EMPLOYER and the
UNION and shall have no authority to make a decision on any other issue not so
submitted.
lion Local #512 Labor AHfcemcnt - 5 - Mav 22. 2022 - December 3 1.2024
b) The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, rules, or regulations
having the force and effect of law. The arbitrator's decision shall be submitted in
writing within thirty (30) days following the close of the hearing or the submission of
briefs by the parties, whichever be later, unless the parties agree to an extension. The
decision shall be binding on both the EMPLOYER and the UNION and shall be
based solely on the arbitrator's interpretation or application of the express terms of
this AGREEMENT and to the facts of the grievance presented.
c) The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and the UNION provided that each party shall be
responsible for compensating its own representatives and witnesses. If either party
desires a verbatim record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim record of the
proceedings the cost shall be shared equally.
8.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall be
considered waived. If a grievance is not appealed to the next step within the specified
time limit or any agreed extension thereof, it shall be considered settled on the basis of
the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an
appeal thereof within the specified time limits, the UNION may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step.
The time limit in each step may be extended by mutual agreement of the EMPLOYER
and the UNION.
8.7 Choice of Remedy: If the grievance involves a veteran and is a suspension, demotion, or
discharge of an EMPLOYEE who has completed the required probationary period, the
grievance may be appealed directly to Step 3 (by mutual agreement) or Step 4 of this
ARTICLE. If the Employee chooses to appeal directly to Step 4, the Employee may
select arbitration or a Veteran's Preference hearing pursuant to applicable law.
If the EMPLOYEE chooses a Veteran's Preference hearing, the EMPLOYEE must sign a
statement indicating their choice of remedy and agreeing to waive the right to arbitration.
Article 9: Seniority
Seniority is defined as the length of continuous service beginning with an EMPLOYEE'S date of
hire under any job classification covered by Article 2.
9.1 Seniority will be the determining criterion for transfers, promotions, recall and lay-offs
only when all job-relevant factors are equal.
9.2 Layoff: If the EMPLOYER eliminates ajob classification or position and an incumbent
EMPLOYEE is reassigned to another job classification covered by this agreement, the
EMPLOYEE shall retain the seniority earned in the previously held job classification.
9.3 Recall: Seniority will be the determining criterion for recall whenjob-relevant
qualifications are equal. Recall rights under this provision will continue for twelve (12)
months from the date of lay off. Recalled EMPLOYEES shall have ten (10) working days
Union Local #512 Labor AsiwmciU - 6 - Ma\ 22. 2022 December 31. 202-1
after notification of recall by registered mail at the EMPLOYEE'S last known address to
report to work or forfeit all recall rights.
Article 10: Discipline
10.1 The EMPLOYER will discipline EMPLOYEES only for just cause. Discipline will be in
one or more of the following forms:
a) Oral reprimand
b) Written reprimand
c) Suspension
d) Demotion
e) Discharge
10.2 EMPLOYEES will not be required to participate in an investigatory interview by the
EMPLOYER where the information gained from the interview could lead to the
discipline of the EMPLOYEES unless the EMPLOYEES are given the opportunity to
have a UNION OFFICER present at the interview to act as witness for the
EMPLOYEES.
10.3 The EMPLOYER shall provide the UNION with a copy of all discipline.
Article 11: Probationary Period
11.1 All newly hired or rehired EMPLOYEES will serve a six (6) month probationary period.
11.2 At any time during the probationary period a newly hired or rehired EMPLOYEE may be
terminated at the sole discretion of the EMPLOYER.
11.3 At any time during the probationary period a promoted or reassigned EMPLOYEE may
be demoted or reassigned at the sole discretion of the EMPLOYER to the EMPLOYEE'S
previous position if a vacancy exists.
Article 12: Work Schedules
12.1 The sole authority for work schedules is the EMPLOYER. The normal workday for an
EMPLOYEE(S) shall be set by the EMPLOYER.
12.2 With consultation with department head, EMPLOYEES may be allowed to have work
from home opportunities.
12.3 Nothing contained in this ARTICLE, or any other ARTICLE, shall be interpreted to be a
guarantee of a minimum or maximum number of hours the EMPLOYER may assign
EMPLOYEES.
12.4 The normal work year is two-thousand and eighty (2,080) hours for 40 hour per week
schedules, to be accounted for by each EMPLOYEE through:
a) Hours worked on assigned shifts
b) Holidays
c) Assigned training
d) Authorized leave time
Union Local #512 Labor A.mwment - 7 - Mav 22. 2022 - Dcccmlw 3 1. 202-1
12.5 EMPLOYEES sent home by a supervisor due to civil unrest, inclement weather, or any
other non-work performance reason shall be paid for the remainder of their shift and/or
their entire shift if the event persists.
Article 13: Wages
13.1 Wages Effective: May 22. 2022
a) Crime Analyst and Crime Prevention Specialist Base Hourly Wage:
• After 36 months of continuous employment: $38.375
• After 24 months of continuous employment: 95% of the 36 month's rate
$36.456
• After 12 months of continuous employment: 90% of the 36 month's rate
$34.538
• After 6 months of continuous employment: 85% of the 36 month's rate
$32.619
• Starting rate: 80% of the 36 month's rate $30.700
b) Property Technician Base Hourly Wage:
• After 36 months of continuous employment: $33.690
• After 24 months of continuous employment: 95% of the 36 month's rate
$32.006
• After 12 months of continuous employment: 90% of the 36 month's rate
$30.321
• After 6 months of continuous employment: 85% of the 36 month's rate
$28.637
• Starting rate: 80% of the 36 month's rate $26.952
c) Records Specialist and Administrative Assistant Base Hourly Wage:
• After 36 months of continuous employment: $31.661
• After 24 months of continuous employment: 95% of the 36 month's rate
$30.078
• After 12 months of continuous employment: 90% of the 36 month's rate
$28.495
• After 6 months of continuous employment: 85% of the 36 month's rate
$26.912
• Starting rate; 80% of the 36 month's rate $25.329
d) Records Technician Base Hourly Wage:
• After 36 months of continuous employment: $28.557
• After 24 months of continuous employment: 95% of the 36 month's rate
$27.129
• After 12 months of continuous employment: 90% of the 36 month's rate
$25.701
• After 6 months of continuous employment: 85% of the 36 month's rate
$24.273
• Starting rate: 80% of the 36 month's rate $22.845
Union l.ocal ^512 Labor Aiiiwmcnl -8- Ma\ 22. 2022 December 3 I. 202.1
13.2 Wages Effective: January 1, 2023
a) Crime Analyst and Crime Prevention Specialist Base Hourly Wage:
• After 36 months of continuous employment: $39.526
• After 24 months of continuous employment: 95% of the 36 month's rate
$37.550
• After 12 months of continuous employment: 90% of the 36 month's rate
$35.574
• After 6 months of continuous employment: 85% of the 36 month's rate
$33.597
• Starting rate: 80% of the 36 month's rate $31 .621
b) Property Technician Base Hourly Wage:
• After 36 months of continuous employment: $34.700
• After 24 months of continuous employment: 95% of the 36 month's rate
$32.965
• After 12 months of continuous employment: 90% of the 36 month's rate
$31.230
• After 6 months of continuous employment: 85% of the 36 month's rate
$29.495
• Starting rate: 80% of the 36 month's rate $27.760
c) Records Specialist and Administrative Assistant Base Hourly Wage:
• After 36 months of continuous employment: $32.611
• After 24 months of continuous employment: 95% of the 36 month's rate
$30.980
• After 12 months of continuous employment: 90% of the 36 month's rate
$29.350
• After 6 months of continuous employment: 85% of the 36 month's rate
$27.719
• Starting rate: 80% of the 36 month's rate $26.088
***Cun-ent Administrative Assistant will remain at current rate ($36.730) for 2022. She will be
eligible for 3% in 2023 and 2024.
d) Records Technician Base Hourly Wage:
• After 36 months of continuous employment: $29.414
• After 24 months of continuous employment: 95% of the 36 month's rate
$27.943
• After 12 months of continuous employment: 90% of the 36 month's rate
$26.472
• After 6 months of continuous employment: 85% of the 36 month's rate
$25.001
• Starting rate: 80% of the 36 month's rate $23.531
Union Local #5 12 Labor Aerccmcnt - 9 - Mav 22. 2022 - Deccnilicr 3 1. 202-1
13.3 Wages Effective: January 1, 2024
a) Crime Analyst and Crime Prevention Specialist Base Hourly Wage:
• After 36 months of continuous employment: $40.712
• After 24 months of continuous employment: 95% of the 36 month's rate
$38.676
• After 12 months of continuous employment: 90% of the 36 month's rate
$36.641
• After 6 months of continuous employment: 85% of the 36 month's rate
$34.605
• Starting rate: 80% of the 36 month's rate $32.570
b) Property Technician Base Hourly Wage:
• After 36 months of continuous employment: $35.741
• After 24 months of continuous employment: 95% of the 36 month's rate
$33.954
• After 12 months of continuous employment: 90% of the 36 month's rate
$32.167
• After 6 months of continuous employment: 85% of the 36 month's rate
$30.380
• Starting rate: 80% of the 36 month's rate $28.593
c) Records Specialist and Administrative Assistant Base Hourly Wage:
• After 36 months of continuous employment: $33.589
• After 24 months of continuous employment: 95% of the 36 month's rate
$31.909
• After 12 months of continuous employment: 90% of the 36 month's rate
$30.230
• After 6 months of continuous employment: 85% of the 36 month's rate
$28.551
• Starting rate: 80% of the 36 month's rate $26.871
d) Records Technician Base Hourly Wage:
• After 36 months of continuous employment-7 $30.296
• After 24 months of continuous employment: 95% of the 36 month's rate
$28.781
• After 12 months of continuous employment: 90% of the 36 month's rate
$27.266
• After 6 months of continuous employment: 85% of the 36 month's rate
$25.752
• Starting rate: 80% of the 36 month's rate $24.237
13.4 Step advancements will be made on the EMPLOYEE'S amiiversary date.
13.5 Retention: Any member of the bargaining unit who has been employed with the
EMPLOYER on IVIay 22, 2022 will receive a retention incentive payment in the amount
of $2,500, and 40 hours vacation time added to their banks. Any EMPLOYEE accepting
a retention incentive payment pursuant to this article who voluntarily leaves employment
Union Loc;ilf512 l.abor Aiii'ccmciu -10- Ma\ 22. 2022 Dcccmher .11. 2024
with the EMPLOYER prior to end of the applicable 12-month continued employment
period must reimburse the EMPLOYER for the total amount received for said incentive
period. The EMPLOYER and the EMPLOYEE will cooperate to agree on a repayment
schedule.
13.6 EMPLOYEES who are bilingual and pass a proficiency test administrated by Language
Testing International shall be paid an additional $200 per month.
Article 14: Vacation Leave
14.1 Permanent full-time EMPLOYEES shall earn paid vacation leave per the
schedule set forth in the City of Brooklyn Center Personnel Policy Handbook.
• 0-5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay
period)
• 6-10 years of services - One hundred twenty (120) hours per year (accrued at
4.62 per pay period)
• During 11th year of service 128 hours per year.
• During 12th year of service 136 hours per year.
• During 13th year of service 144 hours per year.
• During 14th year of service 152 hours per year.
• During 15th year of service 160 hours per year.
14.2 EMPLOYEES using earned vacation leave or sick leave shall be considered
working for the purpose of accumulating additional vacation leave.
14.3 Vacation may be used as earned, except that the EMPLOYER shall approve the
time at which the vacation leave may be taken. EMPLOYEES shall not be permitted
to waive vacation leave and receive double pay.
14.4 EMPLOYEES may accrue a maximum oftwo hundred thirty (230) hours of
vacation leave. EMPLOYEES may not carry forward more than two hundred
thirty (230) hours of vacation leave from year to year.
14.5 EMPLOYEES leaving the service of the EMPLOYER in good standing, after
having given the EMPLOYER fourteen (14) day notice of termination of
employment, shall be compensated for vacation leave accrued and unused.
Article 15: Sick Leave
15.1 Sick leave with pay shall be granted to probationary and permanent full-time
EMPLOYEES at the rate of eight (8) hours per month or 96 hours per year (computed at
3.69 hours per pay period) of full-time service or major fraction thereof. Sick leave
granted probationary EMPLOYEES shall not be available for use during the first six (6)
months of service.
15.2 Immediate family shall be defined as the EMPLOYEE'S spouse, parent, step-parent,
child, step-child, brother or sister; the EMPLOYEE'S spouse's parent, step- parent, child,
step-child, or brother or sister; the EMPLOYEE'S child's spouse; grandparents, step-
grandparents, grandchildren or step-grandchildren.
Union Local ^5 12 l.ahor A.m'ceincnt -11- Ma\ 22. 2022 ^ December 3 I. 2024
15.3 Household member shall be defined as any person who shares a significant relationship
with the EMPLOYEE and resides in the same household as the EMPLOYEE.
15.4 Sick leave shall be used normally for absence from duty because of personal illness or
legal quarantine of the EMPLOYEE, or because of serious illness in the immediate
family or household if applicable. Sick leave may be used for the purpose of attending
the funeral of immediate family and household members plus brothers-in-law, sisters-
in-law, and grandparents-in-law of the EMPLOYEE.
15.5 After nine hundred sixty (960) hours have been accumulated, sick leave shall accrue
at the rate of four (4) hours per month and simultaneously vacation leave, in
addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per
month. EMPLOYEES using earned vacation or sick leave shall be considered to be
working for the purpose of accumulating additional sick leave. Workers'
Compensation benefits shall be credited against the compensation due
EMPLOYEES utilizing sick leave.
15.6 To be eligible for sick leave with pay, an EMPLOYEE must:
a) notify the EMPLOYER prior to the time set for the beginning of their normal
scheduled shift;
b) keep the EMPLOYER informed of their condition if the absence is of more
than three (3) days duration; and
c) submit medical certificates for absences exceeding three (3) days, if required
by the EMPLOYER.
Article 16: Holidays
16.1 EMPLOYEES shall receive eight (8) hours of holiday leave on each official City
holiday pursuant to the City's Personnel Policy.
New Year's Day January 1
Martin Luther King Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in IVlay
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Friday after Thanksgiving
Christmas Day December 25
Two Personal Floating Holidays (See description below)
When a holiday falls on a Saturday the previous Friday is designated as the holiday;
when on a Sunday, the following Monday is designated as the holiday for employees
whose normal work schedule is Monday through Friday.
Union l,oc;ilol2 Labor Aiuwincnt -12- \-l;i\ 22.2022 Dcccmhcr 3 1. 202-1
In order to be paid for holiday leave, the benefit earning employee must be working or
using vacation, sick or other approved paid leave on both the day before and after the
holiday.
Employees receive two personal floating holidays per year to be used as follows:
a. Regular full-time employees, employed as of January 1 of each year, shall have one
eight (8) hour personal floating holiday to be used within the calendar year. Such
floating holiday shall be taken at the employee's discretion upon approval of the
employee's supervisor. The floating holiday must be taken as a whole day off and
may not be used in partial days. The personal holiday must be used within the
calendar year or it will be lost.
b. Regular full-time employees, employed as of July 1 of each year, shall have one
eight (8) hour personal floating holiday to be used within the period July 1 through
December 31 of that year. Such floating holiday must be taken as a whole day off
and may not be used in partial days. The personal holiday must be used within the
period July 1 through December 31 of the year in which it is received or it will be
lost.
16.2 EMPLOYEES may use holiday leave with the approval of the EMPLOYER.
16.3 An EMPLOYEE who works on an official holiday will be paid time and one-half (1 Vz)
at the EMPLOYEE'S regular pay rate for all hours actually worked during the named
holiday.
16.4 Weekend Holiday: When a holiday falls on a Saturday, the preceding Friday is the
recognized holiday. When a holiday falls on a Sunday, Monday is the recognized
holiday.
Article 17: Overtime Pay
17.1 When authorized, regular, full-time EMPLOYEES will be paid one and one-half(ll/2)
times the EMPLOYEE'S regular BASE PAY RATE for hours worked in excess of their
regularly SCHEDULED SHIFT.
17.2 OVERTIME shall be assigned to EMPLOYEES as equally as practicable.
17.3 EMPLOYEES have the option of selecting compensatory time at the rate of one and one-
half (1 Vs) times their regular rate of pay in lieu of OVERTIME, to a maximum of 40
hours of compensatory time accrual.
Article 18: Jury Duty Pay
A regular full-time or part-time EMPLOYEE will be granted paid leaves of absence for required
juiy duty or for other required subpoenaed appearances before a court or other public body in
connection with EMPLOYER-related business.
Union l.oc;il#512 Labor Agrccmenl -13- Mav 22. 2022 - December 3 I. 202-1
Article 19: Severance Pay
Employees who separate from the City in good standing, which means having given the
Employer at least a fourteen (14) days advance notice of separation, are entitled to following
severance: 1) one-third of their accumulated sick leave if the employee has been employed with
the City for at least five (5) consecutive years; and 2) up to 230 hours of accrued vacation leave.
This will be deposited into PEHCSP account.
The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost
of medical expenses and health insurance premiums for employees, spouses and dependents after
the employee leaves employment with the City of Brooklyn Center.
19.1 Participation Eligibility
Regular full-time benefit earning employees may have contributions made on their behalf
into the PEHCSP. Participants must be 21 years of age or older. Unless noted otherwise
in this policy, the minimum period of service required to participate in the plan is 60
days.
Eveiy eligible employee in an employee group is required to participate in the PEHSCP
for their group as outlined in this applicable labor agreement.
19.2 PEHCSP Contributions: When appropriate, each employee will have an account
established in his or her name. Unless specifically noted otherwise, contributions (and
earnings) to an employee's PEHCSP account are not taxable income.
19.3 Accessing Funds
a. Employees may access the funds in their PEHCSP account when they are eligible
to retire under the Public Employees Retirement Association's (PERA) rules.
b. Unless prohibited by the IRS, employees leaving employment with the City prior
to being eligible for retirement through PERA, for the reasons noted below, may
make withdrawals on a tax-free basis for eligible health-related expenses.
• Upon termination of employment.
• If employee is collecting a disability.
" If employee is on a medical leave (six months or longer)
• If employee is on a leave of absence (one year or longer).
• If the employee returns to work and is earning medical benefits, they are
no longer eligible to make withdrawals from their PEHCSP account.
The IRS does not allow these funds to be rolled into any other type of plan,
including an IRA.
c. Access following death. The surviving spouse and eligible dependents continue
to access the account for eligible expense reimbursements until the PEHCSP
account is exhausted. Such reimbursements are not taxable. Unless prohibited by
the IRS, reimbursements may also be made to a beneficiary other than a surviving
spouse or eligible dependent. However, such reimbursements would be taxable to
the recipient.
Union Local #5 12 l.ahor AKrccment -14- Ma\ 22. 2022 December 3 1. 202-!
19.4 Eligible Expenses Reimbursed by Plan
Funds in a PEHCSP account may be used to reimburse:
a. Insurance premiums (health insurance premiums. Medicare supplemental
insurance premiums. Medicare Part B insurance premiums, COBRA and Chapter
488 insurance premiums, long term care insurance premiums (not long term care
expenses), and dental insurance premiums.
b. Most qualifying medical expenses as defined in Internal Revenue Code Section
213 (i.e. medical costs that would otherwise be deductible to the employee on his
or her individual income tax return).
A third-party claims administrator will handle claims administration.
19.5 No Opt-out: Employees and retirees in groups covered by the PEHCSP program are not
permitted to opt-out of the program. Participation is mandatoiy.
19.6 Program Administration: Along with the Human Resources Division, the company
selected will administer the PEHCSP program. The employee controls how the money is
invested similar to the section 457 deferred compensation plan. The employee receives
an account statement from the company for his or her PEHCSP account.
19.7 Administrative Fees: Please contact the vendor selected for current administrative and
mutual fund fees.
19.8 Plan Modifications
The details of the Vendor's administration of the PEHCSP as well as other features of the
plan are set forth in the PEHCSP materials as provided. These details and IRS
regulations regarding the PEHCSP may be revised, necessitating the revision to this
policy or other agreements between employee groups and the City.
The City reserves the right to modify its policy to comply with any other regulations
regarding the plan and to add contribution requirements.
19.9 Contribution Formulas
1. No contribution formulas currently.
2. Severance Pay. No severance contributions currently elected.
Article 20: Education Compensation
EMPLOYEES will be eligible for the same Educational Reimbursement Program as offered by
the EMPLOYER to other City EMPLOYEES.
Article 21: Insurance
21.1 Effective January 1, 2022 and for the duration of this agreement, the EMPLOYER
will offer the best of any agreement that we have for any other EMPLOYEE group.
21.2 Life Insurance and Balance of Cafeteria Funds: The EMPLOYER will provide payment
for premium of basic life insurance in the current, best amount that the EMPLOYER has
Union l.oc;il^512 Labor A."rccmciU - 15- Mn\ 22. 2022 - December 3 I. 202-1
to offer. The EMPLOYEE may use the remainder of the contribution (limits as stated
above) for use as provided in the EMPLOYER'S Cafeteria Benefit Plan. The
EMPLOYER will make a good faith effort to provide the following options for
EMPLOYEE selection: group dental, supplemental life, long-term disability, deferred
compensation or cash benefits. The EMPLOYER will be excused from the requirement
of offering a particular option where such becomes unfeasible because of conditions
imposed by an insurance carrier or because of other circumstances beyond the
EMPLOYER'S control.
Article 22; Safety
The EMPLOYER and the UNION agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage EMPLOYEES to work in a safe
manner and respectful manner according to the City's Respectful Workplace Policy.
Article 23: Uniforms
Those EMPLOYEES issued uniforms are required to wear them while on duty. Apparel with
insignia will be maintained by the EMPLOYER; all others are the responsibility of the
EMPLOYEE. The EMPLOYER reserves the right to select the type of uniform. All
EMPLOYEES shall get $250.00 uniform allowance per year.
Article 24: Waiver
24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with the
provisions of this AGREEMENT, are hereby superseded.
24.2 The parties mutually acknowledge that during the negotiations, which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and
proposals with respect to any terms or conditions of employment not removed by law
from bargaining. All agreements and understandings arrived at by the parties are set forth
in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The
EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet
and negotiate regarding any and all terms and conditions of employment referred to or
covered in this AGREEMENT or with respect to any term or condition of employment
not specifically referred to or covered by this AGREEMENT, even though such terms or
conditions may not have been within the knowledge or contemplation of either or both
parties at the time this contract was negotiated or executed.
Union Local #5 12 Labor A^recmcnl - 16- Mav 22. 2022 December 3 I. 202-1
Article 25: Duration
This AGREEMENT shall be effective as of May 24, 2022 and shall remain in full force and
effect until the 31 day of December 2024.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
? day of ft^Q^/ _ ,2023.
For La)V]Enfqi'(;ement Labor Services and Law Enforcement Non-Licensed Support Staff:
, Business Agent
For the City of Brooklyn Center:
, Mayor
, City Manager
Union Local #51:2 l.nhor Asrecmcnt - 17 - Mav 22. 2022 - Deccinlicr 3 I. 202-!
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:J im L angemo, Equity & H uman Res ources D irector
S U B J E C T:Res olu/on A pproving the L abor A greement for L aw Enforcement L abor S ervices , I nc.
(L E L S N U M B E R 520) and the City of Brooklyn Center for the Period Beginning May 22,
2022, years 2023, and 2024
Requested Council A con:
- moon to approve a resoluon for the Labor A greement for Law Enforcement L abor A greement, I nc.
(L E L S N U M B E R 520) and the C ity of Brookly n C enter for the period beginning M ay 22, 2022, y ears 2023,
and 2024
B ackground:
I n M ay 2022, the City of Brooklyn Center w as no/fied of the desire to nego/ate by L aw Enforcement L abor
S ervice (L E L S ) for an ini/al union contract for the G roup 520 (S upport S ervices M anager). The staff has
nego/ated in good faith with representa/ves from L E L S and the member of the newly formed union group,
and recently, the union repres enta/ves, the union member, and the C ity have agreed. The highlights of
contract are as follow s :
A rcle 13 - Wages
The salary structure w ent from a s even steps to five s teps. The increas es are as follows:
2022 - 2 percent
2023 - 3 percent
2024 - 3 percent
The full salary structure is on page 8 of the contract.
13.2 - Reten/on - $2,500 for thos e employed on A pril 11, 2021 and assigned to the Police D epartment
Facility.
A rcle14 - Vacaon
14.6 - For up to three /mes in calendar year 2023, union members will have the op/on to s ell back up to
forty (40) hours of vaca/on which will be paid at the employee's current rate of pay.
A rcle 18 - S everance Pay
Employees w ho s eparate from the City in good standing, at least 14 day advance no/ce, are en/tled to the
follow ing severance:
1) one-third of their accumulated s ick leave if the employee has been w ith the C ity or at least five
cons ecu/ve years ; and
2) up to 230 hours of accrued vaca/on leave, will be deposited into Pos t Employment H ealth C are
S avings P lan (P E H C S P ) account.
A rcle 23 - Uniforms
Employees w ill receive $250.00 for uniform allow ance.
B udget I ssues:
The budgetary impact is as follows:
For 2023, up to $8,351 ($2,500 reten/on and up $5,851 vaca/on sell back)
For 2024, the s alaries outlined in the contact will be built into the budget.
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera/onal Excellence
AT TA C H M E N TS :
D escrip/on U pload D ate Type
C ontract 6/6/2023 Backup M aterial
Res olu/on 6/6/2023 Resolu/on LeDer
LABOR AGREEMENT
between
The City of Brooklyn Center, Minnesota
,° °/'..^:2^_CENTER
AT TH EiCE NTER
/ . \
and
Law Enforcement Labor Services
-E|S/Law Enforcement
Labor Services
Representing: Non-Licensed Support Staff Supervisors
Union Local # 520
May 24th, 2022 - DECEMBER 31,2024
Table of Contents
ARTICLE 1: PURPOSE OF AGREEMENT.....................................................................................2
ARTICLE 2: RECOGNITION..............................................................................................,............^
ARTICLES: DEFINITIONS,.......................:...............................................................,,.,,....,,............^
ARTICLE 4: SAVINGS CLAUSE......................................................................................................3
ARTICLES: UNION SECURITY ......................................................................................................3
ARTICLES: EMPLOYER SECURITY..............................................................................................3
ARTICLE?: EMPLOYER AUTHORITY..........................................................................................^
ARTICLES: EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE.................................................^
ARTICLE 9: SENIORITY..........................................................................................................,.....^
ARTICLE 10: DISCIPLINE...............................................................................................................?
ARTICLE 11: PROBATIONARY PERIOD......................................................................................7
ARTICLE 12: WORK SCHEDULES..................................................................................„.,....,......7
ARTICLE 13: \N/^ES..................................................................................................................^
ARTICLE 14: VACATION.............................................................................................................^
ARTICLE 15: SICK LEAVE..............................................................................................................8
ARTICLE 16: HOLIDAYS...............................................................................................................9
ARTICLE 17: JURY DUTY PAY...................................................................................................10
ARTICLE 18: SEVERANCE PAY..................................................................................................11
ARTICLE 19: EDUCATION COMPENSATION..............................................................................12
ARTICLE 20: INSURANCE ...........................................................................................................13
ARTICLE 21: SAFETY...................................................................................................................13
ARTICLE 22: UNIFORMS .............................................................................................................13
ARTICLE 23: VVAIVER ...............................................................................................................^^
ARTICLE 24: DURATION...............................................................................................................14
LABOR AGREEMENT
between
The City of Brooklyn Center, Minnesota
and
Law Enforcement Labor Services
ARTICLE 1: PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Brooklyn Center, hereinafter called the
EMPLOYER, and Local No. 520, Law Enforcement Labor Services, Inc., and Law Enforcement
Employees' Union employees, hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain wages and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S
interpretation and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of employment
for the duration of this AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the
highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this
dedication.
ARTICLE 2: RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative for the following job
classifications:
All employees in the position of Support Services Manager employed by the City of
Brooklyn Center Police Department, Brooklyn Center, Minnesota, who are public
employees within the meaning ofMinn. Stat. 179A. 03, subd. 14, excluding confidential
and all other employees.
ARTICLES: DEFINITIONS
3.1 Union: Law Enforcement Labor Services, Inc. and Law Enforcement Employees' Union,
Local No. 520.
3.2 Employer: The City of Brooklyn Center.
3.3 Department: The City of Brooklyn Center Police Department.
3.4 Chief: The Chief of the City of Brooklyn Center Police Department.
3.5 Union Member: A member of Law Enforcement Labor Services, Inc. and Law
Enforcement Employees' Union, Local No. 520.
3.6 Union Officer: The Officers elected or appointed by Law Enforcement Labor Services,
Inc. and Law Enforcement Employees' Union, Local No. 520.
3.7 Employee: A member of the exclusively recognized bargaining unit.
3.8 Base Pay Rate: The employee's hourly pay rate.
3.9 Overtime: Work performed at the express authorization of the EMPLOYER in excess of
the employee's scheduled shift.
3.10 Scheduled Shift: A consecutive 8-hour work period including rest breaks and a lunch
break.
3.11 Rest Breaks: Periods during the scheduled shift during which the employee remains on
continual duty and is responsible for assigned duties.
3.12 Holiday Pay Rate: One and one-half (1 Vi) times the EMPLOYEE'S regular base pay rate.
ARTICLE 4: SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the
City of Brooklyn Center. In the event any provision of this AGREEMENT shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgment or decree no
appeal has been taken within the time provided, such provision shall be voided. All other
provisions of this AGREEMENT shall continue in full force and effect. The voided provision
may be renegotiated at the request of either party.
ARTICLES: UNION SECURITY
5.1 In recognition of the UNION as the exclusive representative the EMPLOYER shall:
a. Deduct each payroll period an amount sufficient to provide the payment of dues
established by the UNION from the wages of all employees authorizing in writing
such deduction.
b. Remit such deduction to the appropriate designated officer of the UNION.
5.2 The UNION may designate certain employees in the bargaining unit to act as stewards
and shall inform the EMPLOYER in writing of such choice.
5.3 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of any
action taken or not taken by the City under the provisions of this ARTICLE.
ARTICLE 6: EMPLOYER SECURITY
The UNION agrees that during the life of this AGREEMENT it will not cause,
encourage, participate in, or support any strike, slow down, other interruption of, or
interference with the normal functions of the EMPLOYER. In the event there is an
impasse during negotiations, the issues shall be submitted for Mediation. A failed
mediation will proceed as follows: In lieu of the Union's right to strike under Minn. Stat.
179A.18, the parties agree to use interest arbitration as provided to essential employees
under Minn. Stat. 179A.16, Subd. 2.
ARTICLE 7: EMPLOYER AUTHORITY
7.1 The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and modify the
organizational structure; to select, direct and determine the number of personnel; to
establish work schedules; and to perform any inherent managerial function not
specifically limited by this AGREEMENT.
7.2 Any term and condition of employment not specifically established or modified by this
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish, or eliminate.
7.3 The EMPLOYER shall provide a bulletin board for UNION notices and announcements
to be posted.
ARTICLE 8: EMPLOYEE MGHTS - GRIEVANCE PROCEDURE
8.1 Definition of a Grievance: A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of this AGREEMENT.
8.2 Union Representatives: The EMPLOYER will recognize representatives designated by
the UNION as the grievance representatives of the bargaining unit having the duties and
responsibilities established by this ARTICLE. The UNION shall notify the EMPLOYER
in writing of the names of such UNION representatives and of their successors when so
designated.
8.3 Processing of a Grievance: It is recognized and accepted by the UNION and the
EMPLOYER that the processing of grievances as hereinafter provided is limited by the
job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished
during normal working hours only when consistent with such EMPLOYEE duties and
responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall
be allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the EMPLOYER during normal working hours provided
the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the
approval of the designated supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the EMPLOYER.
8.4 Procedure: Grievances, as defined by Section 8.1, shall be resolved in conformance with
the following procedure:
Step 1: An EMPLOYEE must present a grievance within twenty-one (21) business days
after the incident giving rise to the grievance has occurred to the EMPLOYEE'S
direct supervisor as designated by the EMPLOYER.
The EMPLOYER-designated representative will discuss and respond to such Step
1 grievance within fourteen (14) business days after receipt oftime-stamped
email.
A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in
writing setting forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the AGREEMENT allegedly violated, and the remedy
requested within fourteen (14) business days after the EMPLOYER-designated
representative's final answer in Step 1.
Any grievance not appealed in writing to Step 2 by the UNION within fourteen
(14) business days shall be considered waived.
2-. If appealed, the written grievance shall be presented by the UNION and
discussed with the CHIEF or their representative. The EMPLOYER- designated
representative shall give the UNION the EMPLOYER'S Step 2 answer in writing
within fourteen (14) business days after receipt of such Step 2 grievance. A
grievance not resolved in Step 2 may be appealed to Step 3 within fourteen (14)
business days following the EMPLOYER-designated representative's final Step 2
answer.
Any grievance not appealed in writing to Step 3 by the UNION within fourteen
(14) business_days shall be considered waived.
3: A grievance unresolved in Step 2 and appealed in Step 3 may be submitted to the
Minnesota Bureau of Mediation Services upon mutual agreement of the parties. A
grievance not resolved in Step 3 may be appealed to Step 4 within fourteen (14)
business days following the Step 3 mediation. Any grievance not appealed in
writing to Step 4 by the UNION within fourteen (14) calendar days shall be
considered waived.
4: A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations
Act of 1971, as amended, unless the EMPLOYEE chooses a different remedy
pursuant to section 8.7. If the parties cannot agree upon an arbitrator, the selection
of an arbitrator shall be made in accordance with the "Rules Governing the
Arbitration of Grievances" as established by the Public Employment Relations
Board.
8.5 Arbitrator's Authority:
The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this AGREEMENT. The arbitrator shall consider
and decide only the specific issue(s) submitted in writing by the EMPLOYER and the
UNION and shall have no authority to make a decision on any other issue not so
submitted.
b. The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, rules, or regulations
having the force and effect of law. The arbitrator's decision shall be submitted in
writing within thirty (30) days following the close of the hearing or the submission of
briefs by the parties, whichever be later, unless the parties agree to an extension. The
decision shall be binding on both the EMPLOYER and the UNION and shall be
based solely on the arbitrator's interpretation or application of the express terms of
this AGREEMENT and to the facts of the grievance presented.
c. The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and the UNION provided that each party shall be
responsible for compensating its own representatives and witnesses. If either party
desires a verbatim record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim record of the
proceedings the cost shall be shared equally.
8.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall be
considered waived. If a grievance is not appealed to the next step within the specified
time limit or any agreed extension thereof, it shall be considered settled on the basis of
the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an
appeal thereof within the specified time limits, the UNION may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step.
The time limit in each step may be extended by mutual agreement of the EMPLOYER
and the UNION.
8.7 Choice of Remedy: If the grievance involves a veteran and is a suspension, demotion, or
discharge of an employee who has completed the required probationary period, the
grievance may be appealed directly to Step 3 (by mutual agreement) or Step 4 of this
ARTICLE. If the EMPLOYEE chooses to appeal directly to Step 4, the EMPLOYEE
may select arbitration or a Veteran's Preference hearing pursuant to applicable law.
If the EMPLOYEE chooses a Veteran's Preference hearing, the EMPLOYEE must sign a
statement indicating their choice of remedy and agreeing to waive the right to arbitration.
ARTICLE 9: SENIOMTY
Seniority is defined as the length of continuous service beginning with an EMPLOYEE'S
date of hire under any job classification covered by ARTICLE 2 RECOGNITION.
9.1 Seniority will be the determining criterion for transfers, promotions, recall and lay-offs
only when alljob-relevant factors are equal.
9.2 Layoff: If the EMPLOYER eliminates a job classification or position and an incumbent
EMPLOYEE is reassigned to another job classification covered by this agreement, the
EMPLOYEE shall retain the seniority earned in the previously held job classification.
9.3 Recall: Seniority will be the determining criterion for recall when job-relevant
qualifications are equal. Recall rights under this provision will continue for twelve (12)
months from the date of lay off. Recalled EMPLOYEES shall have ten (10) working days
after notification of recall by registered mail at the employee's last known address to
report to work or forfeit all recall rights.
ARTICLE 10: DISCIPLINE
10.1 The EMPLOYER will discipline employees only for just cause.
10.2 An EMPLOYEE(S) will not be required to participate in an investigatory interview by
the EMPLOYER where the information gained from the interview could lead to the
discipline of the EMPLOYEE(S) unless the EMPLOYEE(S) is given the opportunity to
have a UNION OFFICER present at the interview to act as witness for the
EMPLOYEE(S).
10.3 The EMPLOYER shall provide the UNION with a copy of all discipline.
ARTICLE 11: PROBATIONARY PEMOD
11.1 All newly hired or rehired EMPLOYEES will serve a six (6) month probationary period.
11.2 At any time during the probationary period a newly hired or rehired EMPLOYEE may be
terminated at the sole discretion of the EMPLOYER.
11.3 At any time during the probationary period a promoted or reassigned EMPLOYEE may
be demoted or reassigned at the sole discretion of the EMPLOYER to the EMPLOYEE'S
previous position if a vacancy exists.
ARTICLE 12: WORK SCHEDULES
12.1 The sole authority for work schedules is the EMPLOYER. The normal workday for an
EMPLOYEE(S) shall be set by the EMPLOYER.
12.2 Nothing contained in this ARTICLE, or any other ARTICLE, shall be interpreted to be a
guarantee of a minimum or maximum number of hours the EMPLOYER may assign
EMPLOYEES.
12.3 The normal work year is two-thousand and eighty (2,080) hours for 40 hour per week
schedules, to be accounted for by each EMPLOYEE through:
a. Hours worked on assigned shifts.
b. Holidays.
c. Assigned training.
d. Authorized leave time.
ARTICLE 13: WAGES
13.1 The following wage schedule will be in effect:
May 24 -December 31, 2022 $35.08 - $48.76 *
Januaiy 1 - December 31, 2023 $36.67 - $50.22 3% increase
Januaiy 1 - December 3 1, 2024 $37.77 - $51.72 3% increase
*As of the effective date of this Agreement, the hourly rate of the employee holding the
Support Services Manager position is $48.76. Pay adjustments for 2023 and 2024 for this
employee will be based on this hourly rate.
13.2 Retention bonus in the amount of $2,500.00 upon execution of the labor agreement for
those employees employed on April 11, 2021 and assigned to the Police Department
Facility.
ARTICLE 14: VACATION
14.1 Permanent full-time EMPLOYEES shall earn paid vacation leave per the
schedule set forth in the City of Brooklyn Center Personnel Policy.
• 0-5 years of service - eighty (80) hours per year (accrued at 3.08 hours per
pay period)
• 6-10 years of services - One hundred twenty (120) hours per year (accrued at
4.62 per pay period)
• During 11th year of service 128 hours per year.
• During 12th year of service 136 hours per year.
• During 13th year of service 144 hours per year.
• During 14th year of service 152 hours per year.
• During 15th year of service 160 hours per year.
14.2 Employees using earned vacation leave or sick leave shall be considered working
for the purpose of accumulating additional vacation leave.
14.3 Vacation may be used as earned, except that the Employer shall approve the time at
which the vacation leave may be taken. Employees shall not be permitted to waive
vacation leave and receive double pay.
14.4 Employees may accrue a maximum oftwo hundred thirty (230) hours of vacation
leave. Employees may not carry forward more than two hundred thirty (230)
hours of vacation leave from year to year.
14.5 Employees leaving the service of the Employer in good standing, after having given
the Employer fourteen (14) day notice of termination of employment, shall be
compensated for vacation leave accrued and unused.
14.6 For up to three times in calendar year 2023, union members will have the option to
sell back up to forty (40) hours of vacation which will be paid at the employee's
current rate of pay.
ARTICLE 15: SICK LEAVE
15.1 Sick leave with pay shall be granted to probationary and permanent full-time employees
at the rate of eight (8) hours per month or 96 hours per year (computed at 3.69 hours per
pay period) of full-time service or major fraction thereof. Sick leave granted
probationary employees shall not be available for use during the first six (6) months of
service.
15.2 Sick leave may be used for absence from duty because of personal illness or legal
quarantine of the employee, or because of serious illness in the immediate family,
which for purposes of this section shall mean the employee's child (including
stepchildren and foster children), adult child, spouse, sibling, parent, parent-in-law,
stepparent, domestic partner, grandparent and grandchild of the employee;
Sick leave may be used for the purpose of attending the funeral of an immediate family
member, as defined above, plus brothers-in-law and sisters-in-law.
15.3 After nine hundred sixty (960) hours have been accumulated, sick leave shall accrue
at the rate of four (4) hours per month or forty- eight (48) hours per year (computed
at 1.85 hours per pay period), and simultaneously vacation leave, in addition to
regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or
twenty-four (24) hours per year (computed at .925 hours per pay period).
Employees using earned vacation or sick leave shall be considered to be working for
the purpose of accumulating additional sick leave. Workers' Compensation benefits
shall be credited against the compensation due employees utilizing sick leave.
15.4 To be eligible for sick leave with pay, an employee must:
a. Notify the Employer prior to the time set for the beginning of their normal
scheduled shift;
b. Keep the Employer informed of their condition ifthe absence is of more than
three (3) days duration;
c. Submit medical certificates for absences exceeding three (3) days, if required
by the Employer.
15.5 Employees abusing sick leave shall be subject to disciplinaiy action.
ARTICLE 16: HOLIDAYS
16.1 EMPLOYEES shall receive eight (8) hours of holiday leave on each official City
holiday pursuant to the City's Personnel Policy.
New Year's Day January 1
Martin Luther King Day Third Monday in January
President's Day Third Monday in February
IVIemorial Day Last M'onday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Friday after Thanksgiving
Christmas Day December 25
Two Personal Floating Holidays (See description below)
When a holiday falls on a Saturday the previous Friday is designated as the holiday;
when on a Sunday, the following Monday is designated as the holiday for employees
whose normal work schedule is Monday through Friday.
In order to be paid for holiday leave, the benefit earning employee must be working or
using vacation, sick or other approved paid leave on both the day before and after the
holiday.
Employees receive two personal floating holidays per year to be used as follows:
a. Regular full-time employees, employed as of Januaiy 1 of each year, shall have one
eight (8) hour personal floating holiday to be used within the calendar year. Such
floating holiday shall be taken at the employee's discretion upon approval of the
employee's supervisor. The floating holiday must be taken as a whole day off and
may not be used in partial days. The personal holiday must be used within the
calendar year or it will be lost.
b. Regular full-time employees, employed as of July 1 of each year, shall have one
eight (8) hour personal floating holiday to be used within the period July 1 through
December 31 of that year. Such floating holiday must be taken as a whole day off
and may not be used in partial days. The personal holiday must be used within the
period July 1 through December 31 of the year in which it is received or it will be
lost.
16.2 Employees may use holiday leave with the approval of the Employer.
16.3 In addition to holiday pay, an employee who works on an official holiday wiU be
paid time and one-half (1 Vz) the employee's regular pay rate for all hours
actually worked during the named holiday.
16.4 Weekend Holiday: When a holiday falls on a Saturday, the preceding Friday is the
recognized holiday. When a holiday falls on a Sunday, Monday is the recognized holiday.
ARTICLE 17: JURY DUTY PAY
A regular full-time or part-time employee will be granted paid leaves of absence for required
jury duty or for other required subpoenaed appearances before a court or other public body in
connection with City-related business.
ARTICLE 18: SEVERANCE PAY
Employees who separate from the City in good standing, which means having given the
Employer at least a fourteen (14) days advance notice of separation, are entitled to following
severance: 1) one-third of their accumulated sick leave if the employee has been employed with
the City for at least five consecutive years; and 2) up to 230 hours of accrued vacation leave.
This will be deposited into PEHCSP account.
The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost
of medical expenses and health insurance premiums for employees, spouses and dependents after
the employee leaves employment with the City of Brooklyn Center.
18.1 Participation Eligibility
Regular full-time benefit earning employees may have contributions made on their behalf
into the PEHCSP. Participants must be 21 years of age or older. Unless noted otherwise
in this policy, the minimum period of service required to participate in the plan is 60
days.
Eveiy eligible employee in an employee group is required to participate in the PEHSCP
for their group as outlined in this applicable labor agreement.
18.2 PEHCSP Contributions: When appropriate, each employee will have an account
established in his or her name. Unless specifically noted otherwise, contributions (and
earnings) to an employee's PEHCSP account are not taxable income.
18.3 Accessing Funds
a. Employees may access the funds in their PEHCSP account when they are eligible
to retire under the Public Employees Retirement Association's (PERA) rules.
b. Unless prohibited by the IRS, employees leaving employment with the City prior
to being eligible for retirement through PERA, for the reasons noted below, may
make withdrawals on a tax-free basis for eligible health-related expenses.
• Upon termination of employment.
• If employee is collecting a disability.
• If employee is on a medical leave (six months or longer)
• If employee is on a leave of absence (one year or longer).
• If the employee returns to work and is earning medical benefits, they are
no longer eligible to make withdrawals from their PEHCSP account.
The IRS does not allow these funds to be rolled into any other type of plan,
including an IRA.
c. Access following death. The surviving spouse and eligible dependents continue
to access the account for eligible expense reimbursements until the PEHCSP
account is exhausted. Such reimbursements are not taxable. Unless prohibited by
the IRS, reimbursements may also be made to a beneficiary other than a surviving
spouse or eligible dependent. However, such reimbursements would be taxable to
the recipient.
18.4 Eligible Expenses Reimbursed by Plan
Funds in a PEHCSP account may be used to reimburse:
a. Insurance premiums (health insurance premiums, Medicare supplemental
insurance premiums. Medicare Part B insurance premiums, COBRA and Chapter
488 insurance premiums, long term care insurance premiums (not long term care
expenses), and dental insurance premiums.
b. Most qualifying medical expenses as defined in Internal Revenue Code Section
213 (i.e. medical costs that would otherwise be deductible to the employee on his
or her individual income tax return).
A third-party claims administrator will handle claims administration.
18.5 No Opt-out: Employees and retirees in groups covered by the PEHCSP program are not
permitted to opt-out of the program. Participation is mandatoiy.
18.6 Program Administration: Along with the Human Resources Division, the company
selected will administer the PEHCSP program. The employee controls how the money is
invested similar to the section 457 deferred compensation plan. The employee receives
an account statement from the company for his or her PEHCSP account.
18.7 Administrative Fees: Please contact the vendor selected for current administrative and
mutual fund fees.
18.8 Plan Modifications
The details of the Vendor's administration of the PEHCSP as well as other features of the plan
are set forth in the PEHCSP materials as provided. These details and IRS regulations regarding
the PEHCSP may be revised, necessitating the revision to this policy or other agreements
between employee groups and the City.
The City reserves the right to modify its policy to comply with any other regulations
regarding the plan and to add contribution requirements.
18.9 Contribution Formulas
1. No contribution formulas currently.
2. Severance Pay. No severance contributions currently elected.
ARTICLE 19: EDUCATION COMPENSATION
EMPLOYEES will be eligible for the same Educational Reimbursement Program as offered by
the EMPLOYER to other City employees.
ARTICLE 20: INSURANCE
Effective 1/1/2022 and for the duration of this agreement, the City will offer the best of any
agreement that we have for any other employee group.
ARTICLE 21: SAFETY
The EMPLOYER and the UNION agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage EMPLOYEES to work in a safe
manner and respectful manner according to the City's Respectful Workplace Policy.
ARTICLE 22: UNIFORMS
Those EMPLOYEES issued uniforms are required to wear them while on duty. The
EMPLOYER shall provide a uniform allowance of two hundred and fifty dollars ($250.00). The
EMPLOYER reserves the right to select the type of uniform.
ARTICLE 23: WAIVER
23.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with the
provisions of this AGREEMENT, are hereby superseded.
23.2 The parties mutually acknowledge that during the negotiations, which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and
proposals with respect to any terms or conditions of employment not removed by law
from bargaining. All agreements and understandings arrived at by the parties are set forth
in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The
EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet
and negotiate regarding any and all terms and conditions of employment referred to or
covered in this AGREEMENT or with respect to any term or condition of employment
not specifically referred to or covered by this AGREEMENT, even though such terms or
conditions may not have been within the knowledge or contemplation of either or both
parties at the time this contract was negotiated or executed.
ARTICLE 24: DURATION
This AGREEMENT shall be effective as of May 24, 2022 and shall remain in full force and
effect until the 31st day of December 2024.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
day of_ ,2023.
For Law Enforcement Labor Services and Law Enforcement Non-Licensed Support Staff
Supervisors:
£-L^ //I' (^^.^L/ _, Business Agent
For/jfefie C^ of Brooklyn Center:
, Mayor
, City Manager
Member introduced the following resolution and moved its adoption:
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW
ENFORCEMENT LABOR SERVICES, INC. (LELS NUMBER 520) AND THE
CITY OF BROOKLYN CENTER FOR THE PERIOD BEGINNING MAY 22, 2022,
YEARS 2023, AND 2024
WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states
that the City Council is to fix the salary or wages of all officers and employees of the City; and
WHEREAS, the City was presented an initial union contract for LELS NUMBER 520
(Support Services Manager) in May 2022; and.
WHEREAS, the City has negotiated in good faith with LELS NUMBER 520 (Support
Services Manager) for a contract for the period beginning May 22, 2022, years 2023 and 2024, as
attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center approves the Labor Agreement with LELS NUMBER 520 (Support Services
Manager) for the period beginning May 22, 2022, years 2023 and 2024,
____________June 12, 2023______________ _________________________________
Date Mayor
ATTEST: ___________________________
City Clerk
Member duly seconded the motion for the adoption of the preceding resolution
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, D irector of P ublic Works
BY:J ames S ol2s , P.E., A s s is tant C ity Engineer
S U B J E C T:A n O rdinance A mending C hapters 1, and 4 of the City Code of O rdinance Regarding
A nimal Waste, and S torage of D eicing M aterials (1s t reading)
Requested Council A con:
- moon to approve a first reading of the r equested ordinance A mending C hapters 1 , and 4 of the C ity
C ode of Ordinance Regarding animal w aste, and stor age of deicing mater ials, and set a second r eading and
public hearing for J une 26, 2023.
B ackground:
A s part of the ci2es required Na2onal Pollutant D is charge Elimina2 on S ys tem (N P D E S ) permit regulated by
the United S tates Environmental P rotec2on A gency and the M innesota Pollu2 on Control A gency (M P C A ),
the C ity of Brooklyn Center is obligated to develop and implement policies and ordinances to minimize the
dis charge of pollutants through its municipal separate s torm s ewer sys tem (M S 4).
D ue to changes in the s tate regula2 ons as part of the M P C A G eneral Per mit (M N R0 4 0 0 0 0 ) the city is
required produce r egula2 ons and enforcement mechanis ms w ith regard to the disposal of animal w aste,
and regula2 ons regarding the storage of deicing materials at commercial, ins 2 tu2onal and non-N P D E S
permi;ed industrial facili2 es . The City is already carrying out thes e prac2ces , how ev er they need to be
codified in ordinances to be in compliance w ith our N P D E S permit. To meet these requirements
amendments to C hapters 1, and 4 of the City Code of O rdinances mus t occur.
Compliance w ith the N P D E S permit program is crucial for protec2ng and improv ing the quality of our
na2on's w ater s , and failur e to comply with the permit requirements could res ult in penal2es and
enforcement ac2 ons . H ence, it is impera2v e that the city revises our ordinances pr omptly to meet
regulatory requirements and maintain environmental protec2on.
Consistent with the C ity C harter, the firs t reading of the ordinance shall occur on June 12, 2023, w ith a
s econd reading and public hearing to cons ider the proposed ordinance to occur on J une 26, 2023. The
amended ordinance would become effec2ve June 26, 2023 if approved.
B udget I ssues:
There are no budget is s ues to consider with this ac2on.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip2on U pload D ate Type
O rdinance 6/1/2023 O rdinance
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 2023, at
7:00 p.m. or as soon thereafter as the matter may be heard during the regular City Council meeting
at City Hall, 6301 Shingle Creek Parkway to consider an ordinance amending Chapters 1 and 4 of
the City Code related to the disposal of animal waste and the storage of deicing materials at certain
commercial, institutional and industrial facilities.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. ________
AN ORDINANCE AMENDING CHAPTERS 1 AND 4 OF THE CITY CODE OF
ORDINANCES REGARDING ANIMAL WASTE AND STORAGE OF DEICING
MATERIALS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 1, Section 1-101 is amended by adding the following
double-underlined language and deleting the stricken language:
Section 1-101. DEFINITIONS. The following terms, when used in this ordinanceSection,
have the meanings ascribed to them:
1. Accredited Minnesota Institution. Accredited Minnesota institution means an
educational institution holding accredited status which has been licensed or
registered by the Minnesota Office of Higher Education at the time a registrant
obtained their certification.
2. Animal. Animal means dogs, cats, and chickens.
3. Animal Control Officer. Animal Control Officer means that person or agency
designated by the City Manager to control the keeping of animals within Brooklyn
Center.
4. Apiary. Apiary means the assembly of one or more colonies of bees on a property.
5. Apiary Site. Apiary site means the particular portions of a property upon which
one or more hives are located.
6. At Large. At large means an animal that is off the property of its owner and not
under restraint.
7. Beekeeper. Beekeeper means a person who owns or has charge of one or more
colonies of honeybees or a person who owns or controls a property on which a
2
colony is located whether or not the person is intentionally keeping honeybees.
8. Beekeeping Equipment. Beekeeping equipment means anything used in the
operation of an apiary, such as hive bodies, supers, frames, top and bottom boards,
and extractors.
9. Chicken. Chicken means a domesticated bird (Gallus gallus domesticus), typically
used as a source of meat or eggs. For the purposes of Section 1-130, all references
to chickens are to hens.
10. Chicken Coop. Chicken coop means a structure for the keeping or housing of
chickens permitted by this Chapter.
11. Chicken Run. Chicken run means a fully-enclosed and covered area attached to a
coop where the chickens can roam unsupervised.
12. Code Enforcement Officer. Code Enforcement Officer means those employees, if
designated by the City Manager, under the direct supervision of the police
department, who are authorized to issue citations for violations of this Chapter.
123. Colony. Colony means an aggregate of honey bees consisting principally of
workers, but having, when perfect, one queen and at times drones, brood, combs,
and honey.
134. Commercial Kennel. Commercial Kennel means any place limited to C2, I-1, and
I-2 zoning districts where the business of keeping, raising, selling, boarding,
breeding, showing, treating, or grooming of dogs and other animals is conducted,
including pet shops, animal hospitals, and other similar establishments.
15. Compliance Official. Compliance Official means the City Manager and the City
Manager’s designated agents authorized to administer and enforce this Chapter.
146. Family. Any of the following definitions shall apply:
a. A person or persons related by blood, marriage, or adoption, together with
any domestic servants or gratuitous guests, maintaining a common
household in a dwelling unit;
b. Group or foster care of not more than six (6) wards or clients by an
authorized person or persons, related by blood, marriage, or adoption,
together with any domestic servants or gratuitous guests, all maintaining a
common household in a dwelling unit approved and certified by the
appropriate public agency;
c. A group of not more than five (5) persons not related by blood, marriage,
or adoption maintaining a common household in a dwelling unit.
3
157. Flyway Barrier. Flyway barrier means a barrier that raises the flight path of bees
as they come and go from a hive.
168. Hen. Hen means a female chicken.
179. Hive. Hive means the receptacle inhabited by a colony.
1820. Honey Bee or Bee. Honey bee or bee means all life stages of the common domestic
honey bee, apis mellifera. This term does not include wasps, hornets, African
subspecies, or Africanized hybrids.
21. Immediately. Immediately means at once, without delay.
1922. Nucleus Colony. Nucleus colony means a small quantity of honey bees with a
queen housed in a smaller than usual hive box designed for a particular purpose,
and containing no supers.
2023. Owner. Owner means any person or the parent or guardian of a person under 18
years of age who owns, keeps, or has custody of an animal in the City of Brooklyn
Center.
2124. Person. Person means any person, firm, corporation, partnership, joint venture or
association.
2225. Registrant. Registrant is any registered beekeeper and an y person who has applied
for approval of a beekeeping registration.
2326. Rooftop. Rooftop means, for the purpose of regulating beekeeping, the uppermost
section of a primary or accessory structure of at least one full story and at least
twelve feet in height. Areas including, but not limited to, decks, patios and
balconies shall not be considered a rooftop.
2427. Rooster. Rooster means a male chicken.
28. Soil or defile. Soil or defile means to make unclean from excrement.
2529. Super. Super means a box that holds the frames where bees will store the honey.
2630. Swarming. Swarming means the process where a queen bee leaves a colony with
a large group of worker bees in order to form a new honey bee colony.
2731. Under Restraint means an animal that is controlled by a leash or at heel besides a
competent person having custody of it and obedient to that person’s commands, or
within a vehicle being driven or parked on a public street, or if it is within the
property limits of its owner’s premises.
4
2832. Unusual Aggressive Behavior. Unusually aggressive behavior means, for the
purpose of regulating beekeeping, any instance in which unusual aggressive
characteristics such as stinging or attacking without provocation occurs. For the
purposes of this definition, “provocation” means an act that an adult could
reasonably expect may cause a bee to sting or attack .
33. Waste. Waste means solid matter expelled from the bowels of the pet, or excrement.
2934. Wild Animal. Wild animal means any animal that is not normally domesticated in
the state including, but not limited to, raccoons, turkeys, coyotes, foxes, deer, feral
cats, skunks, and waterfowl.
Article II. Brooklyn Center City Code, Chapter 1 is amended by adding the following double-
underlined language as Section 1-120:
Section 1-120. ANIMAL WASTE.
1. No owner or custodian of any animal shall cause or allow such animal to soil, defile
or defecate on any public property or upon any street, sidewalk, public way, play area
or common grounds owned jointly by the members of a homeowners’ or
condominium association, or upon private property other than that of the owner,
unless such owner immediately removes and disposes of all feces deposited by such
animal in a sanitary manner.
2. It is unlawful for any person owning, keeping or harboring an animal to cause or
permit said animal to be on any public property, without having in their immediate
possession, a device for the removal of feces and depository for the transmission of
excrement to a proper receptacle located on the property owned or possessed by such
person.
3. It is unlawful for any person in control of, causing or permitting any animal to be on
any public property, to fail to remove feces left by such animal and dispose of it
properly.
4. Proper disposal of animal waste shall be limited to burial where lawfully permitted,
flushing in the toilet, bagging for disposal in the owner or keeper’s waste receptacle,
and bagging for disposal in a waste receptacle in a public park or park area.
5. Disposal of animal waste in storm drains is prohibited.
6. Disposal of animal waste in public compost is prohibited.
7. The provisions of this Section shall not apply to the ownership or use of any properly
identified service animals, animals when used for police activities, or tracking
animals when used by or with the permission of the appropriate authorities.
5
8. Any Compliance Official, Code Enforcement Officer, Animal Control Officer or an
agent designated by the City Manager should be responsible for issuing the citations.
Article III. Brooklyn Center City Code, Chapter 4, Section 4-404, Subdivision 6 is amended by
adding the following double-underlined language:
Storage of Deicing Materials at Commercial, Institutional, and Non-NPDES Permitted
Industrial Facilities.
Proper salt storage practices are required at commercial, institutional, and industrial facilities
in accordance with the Minnesota Pollution Control Agency’s General Permit to Discharge
Stormwater Associated with Small Municipal Separate Storm Sewer Systems No.
MNR040000. The following requirements apply to all designated salt storage areas at
commercial, institutional, and industrial facilities:
a. Salt storage areas must be fully covered or indoors.
b. Salt storage area must be located on an impervious surface.
c. Practices such as sweeping, diversions, and/or containment must be
implemented to reduce exposure when transferring material in designated salt
storage areas.
Article IV. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Article V. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this ____ day of _____________, 2023.
_______________________________
April Graves, Mayor
ATTEST: _________________________
Barb Suciu, City Clerk
Date of Publication
Effective Date
6
(Strikeout indicates matter to be deleted, double-underline indicates new matter.)
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :L iz H eyman, P ublic Works D irector
BY:Lydia Ener, P.E., P rincipal Engineer
S U B J E C T:Res olu2on A ccep2ng Bid and A w arding a Contract, I mprovement P roject Nos . 2023-01,
02, and 03, 2023 S treet and U2lity I mprovements
Requested Council A con:
- moon to approve the resoluon accepng the low est responsible bid and award a contract to
Northw est, for I mprovement P roject Nos. 2023-01, 02, and 03, 2023 S treet and Ulity I mprovements.
B ackground:
Bids for the I mprovement P roject Nos. 2023-01, 02, and 03, 2023 S treet and U2lity I mprovements w ere
received and opened on May 25, 2023. The bidding results are tabulated below :
B I D D E R TOTA L B A S E B I D
N orthwest $1,798,252.20
T. A . S chifs ky & S ons, I nc $1,929,407.02
D ouglas-Kerr Underground, L.L.C $1,953,715.41
Meyer C ontrac2ng I nc. $1,987,207.98
New Look Contrac2ng, I nc. $1,992,353.00
G M H A sphalt Corpora2on $2,015,398.57
Park C ons truc2on Company $2,031,503.56
O f the seven (7) bids received, the lowes t bid of $1,798,252.20 was s ubmiDed by Northwes t of S hakopee,
Minnes ota. Northw est has the experience, equipment and capacity to qualify as the low est responsible
bidder for the project.
B udget I ssues:
The bid amount of $1,798 ,2 5 2 .2 0 is within 8 % of the 2023 budgeted amount. The total es2 mated budget
including con2ngencies, adminis tra2on, engineering and legal was $2,0 6 0 ,000.0 0 and is amended to
$2,214,662.20, an under eight percent increas e (see aDached Res olu2 on – Costs and Rev enues tables ). The
increase in bid unit prices can be aDributed to the current vola2lity in the market for materials and labor.
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Key Transporta2on I nvestments
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 6/4/2023 Resolu2on LeDer
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NOS. 2023-01, 02, AND 03, 2023 STREET AND
UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos.
2023-01, 02, and 03, bids were received, opened and tabulated by the City Clerk and Engineer
on the 25th day of May, 2023. Said bids were as follows:
Bidder Total Base Bid
Northwest $1,798,252.20
T. A. Schifsky & Sons, Inc $1,929,407.02
Douglas-Kerr Underground, L.L.C $1,953,715.41
Meyer Contracting Inc. $1,987,207.98
New Look Contracting, Inc. $1,992,353.00
GMH Asphalt Corporation $2,015,398.57
Park Construction Company $2,031,503.56
WHEREAS, it appears that Northwest of $1,798,252.20, Minnesota is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The Mayor and City Manager are hereby authorized and directed to enter
into a contract with Northwest of Shakopee, Minnesota in the name of the
City of Brooklyn Center, for Improvement Project Nos. 2023-01, 02, and
03, according to the plans and specifications therefore approved by the
City Council and on file in the office of the City Engineer.
2. The estimated project costs and revenues are as follows:
Amended Amended
COSTS Estimate (9/19/22) per Low Bid
Contract $1,480,000.00 $1,809,762.20
Contingency $150,000.00 $181,000.00
Subtotal Construction Cost $1,630,000.00 $1,990,762.20
Admin/Legal/Engr. $430,000.00 $223,900.00
Total Estimated Project Cost $2,060,000.00 $2,214,662.20
RESOLUTION NO. _______________
Amended Amended
REVENUES Estimate (9/19/22) per Low Bid
Street Assessment $406,223.67 $406,223.67
Sanitary Sewer Utility $60,000.00 $26,919.00
Water Utility Fund $270,000.00 $356,860.17
Storm Drainage Utility Fund $360,000.00 $470,138.12
Street Reconstruction Fund $943,776.33 $932,188.74
Street Light Utility Fund $20,000.00 $14,110.00
CenterPoint Energy --- $8,222.50
Total Estimated Revenue $2,060,000.00 $2,214,662.20
June 12, 2023
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :L iz H eyman, P ublic Works D irector
BY:Lydia Ener, P.E., P rincipal Engineer
S U B J E C T:Res olu2on A ccep2ng Bid and A w arding a Contract, I mprovement P roject Nos . 2023-04
and 05, 2023 Trail and Parking L ot I mprovements
Requested Council A con:
- moon to approve the resoluon accepng the low est responsible bid and award a contract to
Bituminous Roadway s, I nc., for I mprovement P roject Nos. 2023-04 and 05, 2023 Trail and Parking Lot
I mprovements.
B ackground:
Bids for the I mprovement P roject Nos. 2023-04 and 05, 2023 Trail and Parking Lot I mprovements w ere
received and opened on May 19, 2023. The bidding results are tabulated below :
B I D D E R TOTA L B A S E B I D
B ituminous Roadways, Inc. $609,884.85
Northw est A sphalt, I nc. $655,394.06
T.A . S chifs ky & S ons, I nc. $667,331.30
Park C ons truc2on Company $719,182.05
O f the four (4) bids received, the lowes t bid of $6 0 9 ,884.8 5 was submiCed by Bituminous Roadways, I nc.
of Mendota H eights , M innesota. Bituminous Roadw ay s , I nc. has the exper ience, equipment and capacity to
qualify as the low est responsible bidder for the project.
B udget I ssues:
The bid amount of $609,884.85 is w ithin the 2023 budgeted amount. The total es 2mated budget including
con2ngencies , administra2 on, engineering, and legal w as $1,265,000 and is amended to $905,684.85, this
repres ents a 28% decr eas e in cos ts . The decreas e in cos ts is primarily due to the transfer of ownership and
maintenance r es pons ibili2 es for the Wes t Riv er Rd trail to the Thr ee R ivers Park D is trict. (see aCached
Resolu2on – C os ts and Revenues tables).
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Key Transporta2on I nvestments
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 6/5/2023 Resolu2on LeCer
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NOS. 2023-04 AND 05, 2023 TRAIL AND
PARKING LOT IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos.
2023-04 and 05, bids were received, opened and tabulated by the City Clerk and Engineer on
the 19th day of May, 2023. Said bids were as follows:
Bidder Total Base Bid
Bituminous Roadways, Inc. $609,884.85
Northwest Asphalt, Inc. $655,394.06
T.A. Schifsky & Sons, Inc. $667,331.30
Park Construction Company $719,182.05
WHEREAS, it appears that Bituminous Roadways, Inc. of Mendota Heights, Minnesota is the
lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The Mayor and City Manager are hereby authorized and directed to enter
into a contract with Bituminous Roadways, Inc. of Mendota Heights,
Minnesota in the name of the City of Brooklyn Center, for Improvement
Project Nos. 2023-04 and 05, according to the plans and specifications
therefore approved by the City Council and on file in the office of the City
Engineer.
2. The estimated project costs and revenues are as follows:
Amended Amended
COSTS Estimate (9/19/22) per Low Bid
Contract $1,055,046.00 $609,884.85
Contingency $ 105,505.00 $ 61,000.00
Subtotal Construction Cost $1,160,551.00 $670,884.85
Admin/Legal/Engr. $ 104,449.00 $234,800.00
Total Estimated Project Cost $1,265,000.00 $905,684.85
RESOLUTION NO. _______________
Amended Amended
REVENUES Estimate (9/19/22) per Low Bid
Capital Project Funds $1,265,000.00 $905,384.85
Miscellaneous (plan sales) $ -0- $ 300.00
Total Estimated Revenue $1,265,000.00 $905,684.85
June 12, 2023
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :L iz H eyman, D irector of P ublic Works
BY:J ames S ol2s , P.E., A s s is tant C ity Engineer
S U B J E C T:A n O rdinance A mending C hapter 35 of the City Code of O rdinance Regarding A pplica2on
Requirements for L and D is turbance Permits (1s t reading)
Requested Council A con:
- moon to approve a first reading of the requested ordinance A mending C hapter 35 of the C ity C ode of
Ordinance Regarding applicaon requirements for land disturbance permits, and set a second reading for
June 26, 2023. The public hearing for this item was held at P lanning C ommission on J une 8th, 2023
B ackground:
A s part of the ci2es required Na2onal Pollutant D ischarge Elimina2on S ystem (N P D E S ) permit regulated by
the U nited S tates Environmental P rotec2on A gency and the M innesota Pollu2on C ontrol A gency (M P C A ),
the C ity of Brooklyn C enter is obligated to develop and implement policies and ordinances to minimize the
dis charge of pollutants through its municipal separate s torm s ewer sys tem (M S 4).
D ue to changes in the s tate regula2ons as part of the M P C A G eneral Permit (M N R040000) the city is
required to make revis ions to the regula2ons and requirements with regard to land disturbance permi<ng.
The C ity is already carrying out thes e prac2ces, how ever they need to be codified in ordinances to be in
compliance with our N P D E S permit. To meet these requirements amendments to C hapters 35 of the City
Code of O rdinances mus t occur.
Compliance w ith the N P D E S permit program is crucial for protec2ng and improving the quality of our
na2on's w aters, and failure to comply w ith the permit requirements could res ult in penal2es and
enforcement ac2ons. H ence, it is impera2ve that the city revises our ordinances promptly to meet
regulatory requirements and maintain environmental protec2on.
B udget I ssues:
There are no budget is s ues to consider with this ac2on.
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip2on U pload D ate Type
O rdinance Chapter 35 6/7/2023 O rdinance
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of June, 2023, at 7:00
p.m. or as soon thereafter as the matter may be heard during the regular City Council meeting at
City Hall, 6301 Shingle Creek Parkway to consider an ordinance amending Chapters 35 of the
City Code related to the submission of construction plans and calculations with applications for
land disturbance permits.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. ________
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES
REGARDING APPLICATION REQUIREMENTS FOR LAND DISTURBANCE PERMITS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 35, 35-7901 is amended by adding the following
double-underlined language:
35-7901 Applicability.
No construction, reconstruction, development, redevelopment, grading, excavation, or other
activity shall occur without first securing a permit from the Community Development
Department if such activity causes a land disturbance of 10,000 square feet or more of land.
For certain construction activity, various other permits may also be required. The applicant
of construction activity is responsible for obtaining any other required permits from the City
and other State, Federal, or local governmental agencies having any authority over the work
to be performed. Typically, such agencies may include, but are not limited to, Shingle Creek
and West Mississippi Watershed Management Commissions, the U.S. Army Corps of
Engineers, the Minnesota Pollution Control Agency, the Minnesota Department of Natural
Resources, the Minnesota Department of Transportation, and the State Historical
Preservation Office.
Article II. Brooklyn Center City Code, Chapter 35, Section 39-7903 is amended by adding the
following double-underlined language and deleting the stricken language:
35-7903 Required Plans.
The applicant shall submit construction plans and supporting calculations. The submittals
shall comply with the following requirements:
2
(a) The plans shall meet the requirements of the Shingle Creek and West Mississippi
Watershed Management Commission’s Rules and Standards, and the Minnesota
Pollution Control Agency. Construction Permit. Alternative treatment best
management practices must be considered where any of the following apply:
Permanent stormwater management system designs, including calculations shall be
provided with the plans.
1) Where industrial facilities are not authorized to infiltrate industrial
stormwater under a National Pollutant Discharge Elimination System/State
Disposal System Permit;
2) When receiving runoff from fueling and vehicle maintenance areas, unless
the infiltration practices is designed to allow for spill control;
(b) The infiltration practice shall be 10 feet away from all buildings, or; When a land
disturbance permit is required, a satisfactory erosion control and grading plan
consistent with the Minnesota Stormwater Manual must be approved by the City
Engineer before a grading or building permit is issued for construction.
(c) The infiltration practice shall not be used within fifty (50) feet of a City or private
well, unless specifically allowed by an approved wellhead protection plan. The
grading and erosion control plan must provide spot elevations of proposed grades in
relation to existing grades on the subject property and adjacent land. Areas where the
finished slope will be steeper than five units horizontal to one vertical shall be
specifically noted. Also, location and type of erosion control devices shall be clearly
labeled.
(d) The plan shall provide 2-foot contour lines with spot elevations of proposed grades
in relation to existing grades on the subject property and adjacent land. The location
and type of erosion control devices shall be clearly labeled. Every effort shall be
made to minimize disturbance of existing ground cover. No grading or filling shall
be permitted within 40 feet of the ordinary high water mark of a water body unless
specifically approved by the City. To minimize the erosion potential of exposed
areas, restoration of ground cover shall be provided within five days after completion
of the grading operation.
(e) The plan shall address the management of post development runoff and means of
assuring the long-term maintenance and operation of best management practices and
storm water management structures, devices and methods. Every effort shall be made
during the grading permit application process to determine the full extent of erosion
control required. However, the City Engineer may require additional controls to
correct specific site related problems as normal inspections are performed.
(f) All erosion control noted on the approved plan shall be installed prior to the initiation
of any site grading or construction. Noncompliance with the grading and erosion
3
control plan shall constitute grounds for an order from the City to halt all
construction.
(g) All grading and construction activity that requires a land disturbance permit shall
comply with Minnesota Pollution Control Agency's General Permit to Discharge
Stormwater Associated with Construction Activity No. MNR100001, the Minnesota
Pollution Control Agency's General Permit to Discharge Stormwater Associated with
Small Municipal Separate Storm Sewer Systems No. MNR040000, and the
Minnesota Stormwater Manual.
Article VI. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Article VII. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this ____ day of _____________, 2023.
_______________________________
April Graves, Mayor
ATTEST: _________________________
Barb Suciu, City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double-underline indicates new matter.)
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:M ayor A pril G raves
S U B J E C T:P roclama/on Recognizing the 2023 G radua/ng C lass Brooklyn C enter H igh S chool, the
Early C ollege A cademy, and I nsight S chool of Minnes ota
Requested Council A con:
- moon to accept the proclamaon
B ackground:
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
AT TA C H M E N TS :
D escrip/on U pload D ate Type
P roclama/on 6/7/2023 P roclama/on
PROCLAMATION RECOGNIZING THE 2023 GRADUATING CLASS OF
BROOKLYN CENTER HIGH SCHOOL (BCS), THE EARLY COLLEGE
ACADEMY (ECA), AND INSIGHT SCHOOL OF MINNESOTA
WHEREAS, on June 9, 2023, the Brooklyn Center Community School District #286 held a
combined commencement ceremony for the 2023 graduates of Brooklyn Center
High School, the Early College Academy, and Insight School of Minnesota; and
WHEREAS, nearly 20% of the BCS graduating class have received full tuition scholarship with
the breakdown of two (2) students received Gates Scholarships, one (1) student
received the Questbridge scholarship, two students (2) received the ActSix
Scholarship, seven (7) students received the Wallen scholarship, and three (3)
students received the Posse Scholarship; and
WHEREAS, the 2023 graduating class has the most students entering directly into the trades
than any other year with ten (10) students entering next year through the
partnership with Finishing Trades Institute, Minnesota Trades Academy, and the
GPS Apprenticeship; and
WHEREAS, the breakdown of plans for after graduation include 41% entering college, 29%
working; 12% entering the trades, 11% taking a gap year, 5% entering an
apprenticeship, 4% in transition programs, and 2% entering the military; and
WHEREAS, the hard-work and ambition of all these students is recognized and commended.
NOW, THEREFORE, I, April Graves, Mayor of the City of Brooklyn Center, on behalf of the
Brooklyn Center City Council and residents of Brooklyn Center, do hereby recognize the 2023
Graduating Class of Brooklyn Center High School (BCS), the Early College Academy (ECA), and Insight
School of Minnesota.
June 12, 2023
Date Mayor
ATTEST:
City Clerk
Proclamation
DECLARING JUNE 14, 2023, AS “FRIEDA FARLEY DAY” IN
HONOR OF HER 103RD BIRTHDAY
WHEREAS, Frieda Farley was born on June 14, 1920, in Rice Lake, Wisconsin and is the
youngest of 12 children; and
WHEREAS, Ms. Farley graduated from Turtle Lake High School; and
WHEREAS, Ms. Farley enlisted in the Navy during World War II: she was a Women Accepted
for Volunteer Emergency Service (W.A.V.) and was stationed in Oakland,
California and was a keypunch operator for the distribution center for Navy
supplies; and
WHEREAS, Ms. Farley has been a long time resident of Brooklyn Center, first living on 61st and
Colfax and now a resident of The Crossings; and
WHEREAS, the City Council of Brooklyn wishes Ms. Farley a very Happy 103 rd Birthday and
plans of many more to come.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim
June 14, 2023 as “Frieda Farley Day” in honor of her 103rd Birthday
June 12, 2023
Date Mayor
Council Members
ATTEST:
City Clerk
Proclamation
DESIGNATING THE MONTH OF JUNE 2023 AS LGBTQ PRIDE MONTH
WHEREAS, our nation was founded on the principle of equal rights for all people, but the fulfillment of
this promise has long been coming for many Americans. Some of the most inspiring
moments in our history have arisen from the various civil rights movements that have
brought one group after another from the margins to the mainstream o American society;
and
WHEREAS, in the movement toward equal rights for lesbian, gay, bisexual and transgender (LGBTQ)
people, a historic turning point occurred on June 28, 1969, in New York City, with the onset
of the Stonewall Riots. During these riots, LGBTQ citizens rose up and resisted police
harassment that arose out of discriminatory criminal laws that have since been declared
unconstitutional. In the four decades since, civil rights for LGBTQ people have grown
substantially, and LGBTQ pride celebrations have taken place around the country every
June to commemorate the beginning of the Stonewall Riots; and
WHEREAS, while civil rights are advancing, there is still further progress needed; it is essential to
recognize and celebrate the substantial gains that have been achieved; and
WHEREAS, LGBTQ residents in Brooklyn Center represent our families, friends, neighbors, teachers,
employees and community leaders. Across all religions, races, and communities, LGBTQ
people are helping us become a perfect union in reaching our ideals proclaimed in our
Declaration of Independence that all “people” are created equal and deserve to be embraced
and treated as equals.
NOW, THEREFORE, I, April Graves, Mayor of the City of Brooklyn Center, on behalf of the Brooklyn
Center City Council and residents of Brooklyn Center, do hereby proclaim June 2023 as “LGBTQ Pride Month” in
the City of Brooklyn Center and call upon its residents to eliminate prejudice everywhere it exists and celebrate the
diversity of our community.
June 12, 2023
Date Mayor
ATTEST:
City Clerk
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, D irector of P ublic Works
BY:J ames S ol2s , P.E., A s s is tant C ity Engineer
S U B J E C T:A n O rdinance Vaca2ng C ertain Easements W ithin Lots 1, 2, and 3, Block 6, Wangstad’s
Brooklyn Terrace, H ennepin County, Minnes ota in the City of Brooklyn Center, M innesota
Requested Council A con:
- moon to:
open the P ublic H earing,
take public input,
close the P ublic H earing; and
consider appr oval of an or dinance vacang certain easements as r eferenced above that are
associated with the Wangstad C ommons site redevelopment in connecon w ith the pr oposed final
plat of Wangstad’s Brooklyn Terrace S econd.
B ackground:
A public hearing is scheduled on June 12, 2 0 2 3 . The public hear ing is to cons ider vaca2 ng certain eas ements
as referenced above that are as s ociated with the Wangs tad C ommons s ite redev elopment. T he P lanning
Commission has review ed the final plat for Wangs tad’s Brooklyn Terr ace S econd. I n connec2on w ith the
final plat and easement dedica2on proceedings , the developer is reques 2ng r eleas e and ter mina2on of
eas ements that are either no longer needed or are being replaced by new easements . The follow ing
eas ements are proposed to be released and terminated as indicated in Exhibit B.
I t is s taff ’s opinion that the easement propos ed to be v acated are no longer needed and s hould not
nega2vely affect rights to public easements . We ar e unaware of any en2 ty objec2ng to the propos ed
vaca2on.
The a>ached exhibits outline the release and ter mina2on of easements and s how the loca2 ons of s aid
exis2ng eas ements . T he City A>orney has r ev iewed the release and ter mina2on documents and concurs to
the purpos e and form of the documents.
S taff recommends that a presenta2on be provided to the C ity Council prior to holding the P ublic H earing.
Following the pres enta2on, a P ublic H earing to consider vaca2 ng the eas ements as refer enced above
s hould be conducted to receiv e public comments . A res olu2on vaca2ng certain eas ement within L ots 1 , 2,
and 3 , Block 6, Wangstad’s B rook lyn Terrace, H ennepin C ounty, Minnes ota is provided for City Council
cons idera2on upon clos ing of the P ublic H earing. I t s hould be noted that this res olu2on w ill only take effect
upon the release and filing of the final plat of Wangstad’s Br ookly n Ter race S econd, execu2 on and filing of
associated and separate rededicated eas ements , and upon execu2on and filing the subdiv is ion agreement
for said associated development.
B udget I ssues:
There are no budget is s ues to consider.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Targeted Redevelopment
AT TA C H M E N TS :
D escrip2on U pload D ate Type
O rdinance 5/31/2023 Cover Memo
1
CITY OF BROOKLYN CENTER
Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on
Monday, June 12, 2023 at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota. Said public hearing will include a second
reading and proposed adoption of an ordinance vacating easements over, under and across Lots 1, 2
and 3 of Block 6 within the plat of Wangstad’s Brooklyn Terrace. Meeting materials can be accessed
by visiting the City of Brooklyn Center’s website at: https://www.ci.brooklyn-center.mn.us/. A
definite time for this application to be considered cannot be given as it will depend on the progression
of the agenda items.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Clerk at (763) 569-3300 to make arrangements.
ORDINANCE NO. _____
AN ORDINANCE VACATING CERTAIN EASEMENTS WITHIN LOTS 1, 2 AND 3 OF
BLOCK 6 OF THE PLAT OF WANGSTAD’S BROOKLYN TERRACE IN THE CITY OF
BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the City of Brooklyn Center (the “City”) is a municipal corporation,
organized and existing under the laws of Minnesota and the City Charter of Brooklyn Center,
Minnesota (the “Charter”); and
WHEREAS, the City’s Planning Commission (“Planning Commission”) has
recommended approval for the plat of Wangstad’s Brooklyn Terrace Second (“Plat”) based on
certain conditions as set forth in the City Council Resolution No. 2020-067 and Planning
Commission Resolution No. 2020-005; and
WHEREAS, the Plat includes certain real property situated in the City at 3600 61st
Avenue N. (PID 3411921430051), 6101 Brooklyn Boulevard (PID 3411921430050), and 6107
Brooklyn Boulevard (PID 3411921430049), all of which are included in the plat of Wangstad’s
Brooklyn Terrace and legally described in the attached Exhibit A (collectively, the “Properties”);
and
WHEREAS, certain easements dedicated to the City currently exist on the Properties
(“Easements”), which as a result of the Plat and the future development of the Plat, are either no
longer needed, will interfere with the proposed development, or are being replaced by new
dedicated easements covering the Properties within the Plat; and
WHEREAS, the easements proposed to be vacated are as legally described on the attached
Exhibit B and as depicted on the attached Exhibit C (collectively the “Vacated Easements)”; and
WHEREAS, City staff has determined that there is no public need to maintain the
proposed Vacated Easements; and
2
WHEREAS, the City Council does not object to the vacation of the proposed Vacated
Easements; and
WHEREAS, after due notice and public hearing, the City Council has determined that the
proposed Vacated Easements will no longer be needed and it is in the public interest to vacate the
Vacated Easements.
NOW, THEREFORE, the City Council of the City of Brooklyn Center does ordain as
follows:
Section I. Recitals. The above recitals are hereby adopted as findings and incorporated into this
Ordinance.
Section II. Easement Vacation. The Vacated Easements described above and in Exhibit B and
Exhibit C are hereby vacated.
Section III. Effective Date. This Ordinance shall be effective after adoption and thirty days
following its legal publication.
Section IV. Notice of Completion. Upon the Ordinance becoming effective, the City Clerk is
directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the
Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate.
Adopted this ___ day of __________, 2023.
____________________________
April Graves, Mayor
ATTEST: _________________________
City Clerk
Date of Publication _________________________
Effective Date _____________________________
A-1
EXHIBIT A
Legal Description of the Property
PID No. 3411921430049
Lot 1, Block 6, Wangstad’s Brooklyn Terrace, Hennepin County, Minnesota.
PID No. 3411921430050
Lot 2, Block 6, Wangstad’s Brooklyn Terrace, Hennepin County, Minnesota.
PID No. 3411921430051:
Lot 3, Block 6, Wangstad’s Brooklyn Terrace, Hennepin County, Minnesota.
B-1
EXHIBIT B
Legal Description of Vacated Easements
PROPOSED EASEMENT VACATION DESCRIPTION
(across Lots 1, 2 and 3, Block 6, WANGSTAD’S BROOKLYN TERRACE)
That part of the dedicated 10.00 foot utility easement within Lots 1, 2 and 3, Block 6,
WANGSTAD’S BROOKLYN TERRACE, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
The Southwesterly 5.00 feet of said Lot 1, except the Northwesterly 5.00 feet thereof.
ALSO
The Westerly 5.00 feet of said Lot 2.
ALSO
The Easterly and Northeasterly 5.00 feet of said Lot 3, except the Northwesterly 5.00 feet thereof.
C-1
EXHIBIT C
Depiction of Vacated Easements
C ouncil R egular M eeng
DAT E:6/12/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:J ason H ill, C ity A*orney
S U B J E C T:A n I nterim O rdinance A uthorizing a S tudy and I mposing a M oratorium on the O pera1on
of a Cannabis Bus iness W ithin the City of Brooklyn Center
Requested Council A con:
- moon to approve the first reading of an interim ordinance authorizing a study and imposing a
moratorium on the operaon of a cannabis business within the C ity of Brookly n C enter
B ackground:
City A*orney Jas on H ill will provide a summary of cannabis legaliza1on recently adopted by the S tate and
offer a first reading of interim ordinance authorizing a a s tudy and imposing a moratorium on the opera1on
of a cannabis busines s . This moratorium w ould remain in place un1l J anuary 1, 2025.
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
Enhanced Community I mage, S afe, S ecure, S table C ommunity, O pera1onal Excellence
AT TA C H M E N TS :
D escrip1on U pload D ate Type
powerpoint 6/7/2023 P resenta1on
O rdinance 6/7/2023 O rdinance
1
CANNABIS LEGALIZATION: NEXT
STEPS FOR BROOKLYN CENTER
JUNE 12, 2023
PRESENTED BY
JASON M. HILL
WWW.KENNEDY-GRAVEN.COM
CANNABIS LEGALIZATION IN
MINNESOTA
General Topics
•Creation of Office of Cannabis Management (“OCM”)
•Licensing by the OCM
•Regulation of Cannabis Businesses and Registration of
Cannabis Retailers by Cities
•Status of THC Edibles and other Products Legalized in 2022
•Next Steps – Immediate and Future Action Items
2
CANNABIS LEGALIZATION IN
MINNESOTA
Topics NOT Covered Today
•Impact upon Law Enforcement / Criminal Statutes
•Human Resources Questions / Concerns
•Grant Opportunities
OFFICE OF CANNABIS
MANAGEMENT
•Establishment effective July 1st
•Director Appointment / Retention of Employees
•Expedited Rulemaking
•At least 30 days for comment
•Unlike the customary rulemaking process, there is no opportunity
for public hearing under the expedited process
3
OFFICE OF CANNABIS
MANAGEMENT
Issuing Licenses
•16 Categories of Licenses
•Cannabis microbusiness, mezzobusiness, cultivator,
manufacturer, retailer, wholesaler, transporter, testing facility
and event organizer
•Lower-potency hemp edible manufacturer and retailer
•Medical cannabis cultivator, processor, retailer or
combination business
ROLE OF THE CITY IN
LICENSING
•Limited Role in Licensing by the OCM
•Within 30 days of receiving a copy of an application for a cannabis
business license, the City must certify whether a proposed cannabis
business complies with local zoning ordinances, state fire code and
building code.
•The City can provide the OCM with any additional information it
believes is relevant to the OCM’s decision on whether to issue a
license.
•The bill does not prohibit cities from enforcing other local
ordinances (ex., public nuisance)
4
LOCAL CONTROL
•The City cannot prohibit establishment or operation of a
cannabis business licensed under the bill. The City also
cannot prohibit the possession, transportation or use of
cannabis flower, cannabis products, lower-potency hemp
edibles or hemp-derived consumer products.
•Interim Ordinance and Moratorium
•If conducting a study of time, place, and manner restrictions for cannabis
businesses, the City can adopt an interim ordinance and moratorium
applicable to cannabis businesses that would be effective through January
1, 2025.
•Before adopting the interim ordinance, the City must hold a public
hearing.
LOCAL CONTROL
•Time, Place and Manner Restrictions and Model Ordinance
•The bill allows cities to adopt “reasonable restrictions on the time,
place, and manner of the operation of a cannabis business
provided that such restrictions do not prohibit the establishment or
operation of cannabis businesses.”
•The OCM is tasked with working with local governments to develop
model ordinances that includes these provisions, standardized forms
and model policies and procedures for compliance checks (discussed
below).
5
LOCAL CONTROL
•Time, Place and Manner Restrictions and Model Ordinance
•The bill also allows regulation on distances from certain types of
buildings/uses, likely through zoning regulations.
•Specifically, prohibiting the operation of a cannabis business within
1,000 feet of a school or 500 feet of a day care, residential treatment
facility, or an attraction within a public park that is regularly used by
minors, including a playground or athletic field.
LOCAL CONTROL
•Registration of Retailers
•Upon licensing, certain cannabis and hemp retailers must register with the
City and subject to limited exceptions, the City must register the retailer
and must renew the registration. Registration does include lower-potency
hemp edible retailers.
•The registration DOES NOT apply to other types of cannabis
businesses / licenses.
•Limited registration fees are available.
•Before issuing a retail registration, the City may (not “shall”) conduct a
“preliminary compliance check” to ensure that the cannabis business is in
compliance with the applicable operation requirements and the limits on
the types of products that may be sold.
6
LOCAL CONTROL
•Registration of Retailers
•There is limited authority for cities to suspend a registration for up
to 30 days.
•The OCM will review the suspension and may order reinstatement,
additional suspension, revocation or other licensed based penalties
or enforcement action.
•The City may reinstate the registration if it determines that the
violation has been cured.
•The City can impose civil penalties of up to $2,000 for registration
violations.
LOCAL CONTROL
•Additional Obligations Imposed upon Cities with Retailer
Registration
•At least once per calendar year, the City is required to conduct
compliance checks of every cannabis business and hemp business
with a retail registration.
•The checks must assess compliance with age verification
requirements, the applicable operation requirements, and the
applicable limits on the types of products being sold.
•Checks may be performed by a law enforcement officer or another
City employee.
7
LOCAL CONTROL
•Additional Obligations Imposed upon Cities with
Registration
•The City is also required to “conduct unannounced age verification
compliance checks at least once each calendar year.”
•Similar to tobacco compliance checks.
LOCAL CONTROL
•Registration Opt Out
•A county can issue a registration when the city or township has
provided consent for the county to issue the registrations for that
city or township.
8
LOCAL CANNABIS AID
•The State imposes a 10% tax upon sales, which is divided as
follows:
•80% to the State’s general fund; and
•20% to the local cannabis aid account, which is subsequently divided
among cities based on total cannabis businesses in the City.
THC EDIBLES
•Few significant changes to Minnesota Statutes, section 151.72, which legalized low potency,
hemp THC edibles. However, changes were effective on May 31st, the day after the
Governor signed the bill.
•The changes allow THC edibles to be sold at exclusive liquor stores the day after the bill is
signed into law.
•The bill clarifies THC products can be sold for on-site consumption at locations with an on-
sale liquor license under Minnesota Statutes, Chapter 340A.
•There are additional regulations with regard to display, labeling and testing.
•All individuals selling THC edibles must register with the Minnesota Department of Health
on or before October 1, 2023. Selling without registration after that date is prohibited.
Note that this is NOT the same registration process created for cannabis business and
lower-potency hemp edible licenses.
•Minnesota Statutes, section 151.72 is repealed effective March 1, 2025.
9
NEXT STEPS - SHORT-TERM
THC EDIBLES V. LOWER-POTENCY HEMP EDIBLES
•THC Edibles (edible cannabinoid products)
•Sales may continue if seller registers with state by October 1, 2023
•Will require a license to sell once State begins issuing licenses
•Statute is repealed effective March 1, 2025 (effectively repealed when
state starts issuing licenses)
•Lower-Potency Hemp Edibles
•THC edibles become low-potency hemp edibles upon state licensure
•Apparent intent is to manage retail sales under new registration and
licensing program established under new law
NEXT STEPS - SHORT-TERM
NEW INTERIM ORDINANCE AND MORATORIUM
ADOPT NEW CANNABIS BUSINESS INTERIM ORDINANCE (OR
NOT)
•As part of the local control, a local government
conducting/authorizing a study may adopt an interim ordinance to
“regulate, restrict, or prohibit the operation of a cannabis business
within the jurisdiction or a portion thereof until January 1, 2025.
•Recognizes that cities will need time to study the issues associated
with this new registration/licensing arrangement and to develop land
use regulations associated with this new use.
•A draft interim ordinance is included with your materials.
10
NEXT STEPS - SHORT-TERM
NEW INTERIM ORDINANCE AND MORATORIUM
•Provide at least 10 days published notice of a public hearing on
the proposed interim ordinance. (at second reading during first
meeting in July)
•The notice may start in June, but we recommend you do not
hold the hearing or adopt the interim ordinance until at least
July 1st because the bill is not effective until that date.
•Follow usual procedure to adopt the ordinance and put it into
effect.
•Note that this does not impact THC edibles.
NEXT STEPS - SHORT-TERM
THC EDIBLE AND LOWER-POTENCY HEMP EDIBLE
REGULATIONS
THC EDIBLE REGULATIONS DURING THE TRANSITION TO
STATE LICENSING (AND MAYBE BEYOND)
•The uncertainties associated with existing regulatory “situation” were not
clarified in the bill and instead were allowed to continue as the state
transitions to the new licensing scheme in late 2024 – early 2025.
•The law treats hemp products and cannabis products separately.
•THC edibles remain subject to previous law and, therefore, continue to be
subject to local regulation.
•Lower-potency hemp edibles require registration and a license from the
state to sell, but are not within the definition of a “cannabis business”.
11
NEXT STEPS - SHORT-TERM
THC EDIBLE AND LOWER-POTENCY HEMP EDIBLE
REGULATIONS
Because lower-potency hemp edibles are not a “cannabis business” they are not
subject to:
•The language indicating a city “may not prohibit the establishment or operation
of a cannabis business”.
•New moratorium on cannabis businesses
•Cap on number of cannabis businesses
•City limitation on hours
•Not under the expressly allowed time, place, and manner regulations
•Not within the language saying the OCM must deny a license if the cannabis
business does not meet local zoning and land use laws (though elsewhere the
law says lower-potency hemp retailers must comply with “state and local
building, fire, and zoning codes, requirements, or regulations.”)
NEXT STEPS - SHORT-TERM
THC EDIBLE AND LOWER-POTENCY HEMP EDIBLE
REGULATIONS
•Lower-potency hemp edible retailers are required to:
•Obtain a license from the state
•Are subject to local ordinances (Complaint process -“Nothing in this
paragraph prohibits a local unit of government from enforcing a local
ordinance.”)
•The extent to which a city can continue to regulate these
retailers once they become lower-potency hemp retailers is
not clear.
•Except that it is fairly clear a city can no longer require a license.
12
NEXT STEPS - SHORT-TERM
THC EDIBLE AND LOWER-POTENCY HEMP EDIBLE
REGULATIONS
•The City remains under the moratorium adopted on August 22, 2022. The
moratorium cannot be extended.
•The City has the following options –
•Do nothing. THC edible retailers who register with the state by
October 1, 2023 will continue to sell under existing statute until
issued a lower-potency hemp edible license.
•Adopt an ordinance regulating THC edibles to become effective on
or before the moratorium expires (prohibition, zoning, cap on
number of retailers, time, place and manner).
•Adopt a licensing ordinance with the understanding that it will only
be in effect for around 18 months.
NEXT STEPS - LONG-TERM
ZONING REGULATIONS
•“A local unit of government may adopt reasonable restrictions on the
time, place, and manner of the operation of a cannabis business
provided that such restrictions do not prohibit the establishment or operation
of cannabis businesses.”
•The OCM “may not issue a license if a cannabis business does not meet local
zoning and land use laws.”
•The OCM is required to work with local governments to develop model
ordinances.
•The state is typically slow to develop model ordinances, but presumably they
will be prepared and distributed to cities in time for them to develop and adopt
their own ordinance before the interim ordinance expires on January 1, 2025.
13
NEXT STEPS - LONG-TERM
LIMITATION ON NUMBER OF BUSINESSES
•City Density: Cities that issue cannabis retailer registrations may,
by ordinance, limit the number of licensed cannabis retailers,
cannabis mezzobusinesses with a retail operations endorsement,
and cannabis microbusinesses with a retail operations
endorsement to no fewer than one registration for every
12,500 residents (ex. 13,000 = 2 businesses).
•County-Wide Density: If Hennepin County has one active
registration for every 12,500 residents, the City is not obligated to
register a retail business.
NEXT STEPS - LONG-TERM
RETAIL REGISTRATION
•The City needs to decide if it will opt out of requiring local registration.
•Opt out by giving consent to County to issue registrations.
•If Register: may collect registration fees, must conduct compliance check, and
may impose limit on number of retailers (no application fee).
•If Opt Out: no fees, not required to conduct compliance checks, cannot impose
limit on number of retailers.
•Registration only applies to certain retail establishments.
•The City may suspend a registration for up to 30 days if it determines the
business is not operating in accordance with the law. Must immediately give
notice to OCM. OCM can override the suspension and order reinstatement or
revoke the license.
14
NEXT STEPS - LONG-TERM
HOURS OF OPERATION
•The City may, by ordinance, further restrict the hours of
operation for the sale of cannabis and hemp products.
•Statutory – Sales prohibited between 2:00 a.m. and 8:00 a.m.
Monday through Saturday and between 2:00 a.m. and 10:00
a.m. on Sunday (allowed 8am-2am Monday-Saturday; 10am-2am
Sunday)
•City Restriction – Sales prohibited for any period between
9:00 p.m. and 2:00 a.m. or between 8:00 a.m. and 10:00 a.m.
Monday through Saturday (can limit to 10am-9pm M-Sat)
NEXT STEPS - LONG-TERM
CITY AS RETAILER
•The City will need to decide if it will sell THC edibles and the
lower-potency hemp edibles at the City’s liquor stores.
•Need to register with the state by October 1, 2023
•Will need to apply for and obtain a lower-potency hemp edibles license
when they are available.
•Decide if the City will open its own municipal cannabis store.
•No express authority for an exclusive municipal cannabis business.
•Check with LMCIT on whether there is insurance coverage
for selling these products at a liquor store or as part of a
municipal cannabis business.
15
NEXT STEPS - LONG-TERM
ADMINISTRATION
•Need to be prepared to intake applications from OCM and
determine if the proposed business complies with local zoning,
state fire code, and building code and respond to OCM within
30 days.
•Determine process for suspending retail registrations, notifying
OCM, and for reinstating the registration.
•Due process considerations before suspending a registration.
•Should consider process for submitting complaints to OCM, which
is supposed to provide an expedited review process of city
complaints.
RECOMMENDATIONS
•Adopt interim ordinance and moratorium for cannabis businesses
to extend to January 1, 2025, unless terminated earlier.
•First reading – June 26, 2023
•Second reading and public hearing – July 10, 2023
•Consider Regulation of THC Edibles until licensure or until March
1, 2025 (licensing, zoning, prohibition).
•Existing Interim Ordinance
•Consider sale of THC edibles at the City’s liquor stores (review
insurance coverage).
16
QUESTIONS?
Jason M. Hill
jhill@kennedy-graven.com
612.337.9207
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 10th day of July, 2023, at 7:00 p.m.
or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to
consider an interim ordinance authorizing a study and imposing a moratorium on the operation of a
cannabis business within the City of Brooklyn Center.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2023-___
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF A CANNABIS BUSINESS WITHIN THE
CITY OF BROOKLYN CENTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Authority and Legislative Findings.
A. The Minnesota Legislature recently enacted, and Governor signed, 2023 Minnesota
Session Laws, Chapter 63 – H.F. No. 100 (“Act”), which is comprehensive legislation
relating to cannabis including, but not limited to, the establishment of the Office of
Cannabis Management (“OCM”), legalizing and limiting the possession and use of
cannabis and certain hemp products by adults, providing for the licensing, inspection, and
regulation of cannabis businesses and hemp businesses, taxing the sale of cannabis flower,
cannabis products, and certain hemp products, establishing grant and loan programs,
amending criminal penalties, providing for expungement of certain convictions and
providing for the temporary regulation of certain edible cannabinoid products.
B. The Act provides local units of government certain authority related to cannabis businesses,
including the authority to (1) require local registration of certain cannabis businesses
operating retail establishments, (2) adopt reasonable restrictions on the time, place, and
manner of the operation of cannabis businesses, provided that such restrictions do not
prohibit the establishment or operation of a cannabis businesses, (3) limit the number of
certain cannabis businesses based on the population of the community, and (4) prohibit the
operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care,
residential treatment facility, or an attraction within a public park that is regularly used by
minors, including a playground or athletic field.
C. The Act requires the OCM, which was established effective July 1, 2023, to work with
local governments to develop model ordinances for reasonable restrictions on the time,
2
place, and manner of the operation of cannabis businesses. The Act also requires the OCM
to establish additional rules and regulations relating to the operation of cannabis businesses.
The City will benefit from reviewing and analyzing the OCM’s model ordinances, rules
and regulations before making any decisions related to the regulation of cannabis
businesses in the City.
D. The Act (Minnesota Statutes, section 342.13(e)) expressly allows a local unit of
government that is conducting studies or has authorized a study to be conducted or has held
or scheduled a hearing for the purpose of considering adoption or amendment of reasonable
restrictions on the time, place and manner of the operation of cannabis businesses to adopt
an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. The interim
ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the
jurisdiction or a portion thereof until January 1, 2025.
E. Given the uncertainty regarding the model ordinances to be developed by the OCM and
the broad scope of the changes to Minnesota law brought about by the Act, the City desires
to adopt an interim ordinance for the purpose of protecting the planning process and the
health, safety, and welfare of its citizens.
F. The City desires to conduct a study for the purpose of considering the adoption or
amendment of reasonable restrictions on the time, place and manner of the operation of
cannabis businesses as well as the other regulations local units of government may adopt
under the Act.
G. On July ____, 2023, after providing at least 10 days published notice, the City Council held
a public hearing regarding the consideration and adoption of an interim ordinance
prohibiting the operation of cannabis businesses within the City until January 1, 2025.
ARTICLE II. Definitions. For purposes of this Ordinance, the following terms shall have the
meaning given them in this section.
(a) “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100).
(b) “Cannabis Business” has the meaning given the term in Minnesota Statutes, section
342.01, subdivision 14.
(c) “City” means the City of Brooklyn Center.
(d) “Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes,
section 151.72, subdivision 1(f).
(e) “OCM” means the Office of Cannabis Management, established as set forth in Minnesota
Statutes, section 342.02, subd. 1.
3
(f) “Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota
Statutes, section 342.13(e).
ARTICLE III. Study Authorized. The City Council hereby authorizes and directs the City
Administrator/City Manager to have City staff conduct a study regarding the adoption or
amendment of reasonable restrictions on the time, place, and manner of the operation of Cannabis
Businesses, as well as the other potential local regulations allowed under the Act, and report to the
City Council on the potential regulation of Cannabis Businesses. The study must include a review
of the model ordinances the OCM is directed to draft under Minnesota Statutes, section 342.13(d),
an analysis of potential setback regulations allowed under Minnesota Statues, section 342.13(c),
and such other matters as staff may determine are relevant to the City Council’s consideration of
this matter. The report shall include the City staff’s recommendations on whether the City Council
should adopt regulations and, if so, the recommended types of regulations.
ARTICLE IV. Moratorium. A moratorium is hereby imposed regarding the operation of a
Cannabis Business within the City. During the term of this Ordinance, no business, person, or
entity may establish or operate a Cannabis Business within the jurisdictional boundaries of the
City. The City shall not accept, process, or act on any application, site plan, building permit, zoning
request, or other approval, including any requested confirmation, certification, approval, or other
request from the OCM or other governmental entity requesting City review of any application or
proposal for a business proposing to engage in the operation of a Cannabis Business.
ARTICLE V. Violation. During the term of the moratorium, it is a violation of this Ordinance for
any business, person, or entity to establish or operate a Cannabis Business within the City.
ARTICLE VI. Exceptions. The moratorium imposed by this Ordinance does not apply to: (1) the
continued operation of a business as part of the Medical Cannabis Program administered by the
Minnesota Department of Health that was lawfully operating within the City prior to July 1, 2023;
(2) the lawful sale of Edible Cannabinoid Products in compliance with Minnesota Statutes, section
151.72; or (3) sales of Edible Cannabinoid Products at an exclusive liquor store in accordance with
Minnesota Statutes, section 340A.412, subdivision 14. Nothing in this Article exempts a business,
person, or entity that is selling Edible Cannabinoid Products from having to comply with all
requirements and prohibitions of applicable laws and ordinances.
ARTICLE VII. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also
enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of
competent jurisdiction. A violation of this Ordinance is also subject to the City’s general penalty
in City Code and may result in the City reporting the violation to the OCM if relevant to OCM
licensing. The City Council hereby authorizes the City Administrator/City Manager, in
consultation with the City Attorney, to initiate any legal action deemed necessary to secure
compliance with this Ordinance.
ARTICLE VIII. Duration. This Ordinance shall become effective on the first day of publication
after adoption and shall remain in effect until January 1, 2025. This Ordinance may be repealed
earlier upon the effective date of an ordinance adopting or amending reasonable restrictions on the
4
time, place and manner of the operation of a Cannabis Business within the City or by resolution
of the City Council terminating this Ordinance prior to the expiration date.
ARTICLE IX. Severability. Every section, provision, and part of this Ordinance is declared
severable from every other section, provision, and part thereof. If any section, provision, or part
of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall
not invalidate any other section, provision, or part of this Ordinance.
Adopted this 10th day of July, 2023.
____________________________
April Graves, Mayor
ATTEST: _________________________
Barbara Suciu, City Clerk
Date of Publication _______________, 2023
Effective Date ___________________, 2023