HomeMy WebLinkAbout2023 06.12 CCM REGULAR SESSION6/12/23 -1-
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JUNE 12, 2023
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April
Graves at 6:47 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, and Dan
Jerzak. Councilmember Teneshia Kragness was absent. Also present were City Manager Reggie
Edwards, Assistant City Engineer James Soltis, 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.
Julie B. noted she also wrote a letter to Council that she hoped would be discussed by the Council.
She asked for a response to the letter she wrote. She asked how it is determined which letters are
read to the public or not. Julie B. stated she received o ne response, but it seemed to miss some of
the points of her letter. She stated there needs to be a policy of expectations and equity about what
information is shared, not to mention regarding Committees and Commissions.
Mayor Graves stated Julie B.’s question was regarding the lack of quorum when grant information
was presented to the Council. She read the email from Julie B. The email stated Julie B. was
shocked after listening to the presentation on grant oversight. The Finance Commission somehow
created a policy without meeting the quorum for quite some time. Also, there should be input from
community members included in the process. The restrictions are stringent and are a roadblock to
progress. Julie B. mentioned it was troubling to hear that the policy was copied from Bloomington
as it is twice the size of Brooklyn Center and is mostly white. Their budget is much greater and
has several different revenue streams. Julie B. asked why there weren ’t town hall meetings
regarding the proposed policy. The pr ocess seems rushed and procedures are being circumvented
for the Finance Commission. Brooklyn Center has the opportunity to do better than they have in
the past. Equitable practices need to be established and followed. There are also no minutes for the
Finance Commission available.
Mayor Graves stated the Council had a robust discussion about grant management and sought to
find a compromise between being aware of the happenings without micro -managing. It can be
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valuable to look to the policies of multiple cities. Council has been having the conversation for a
while, but there has only been one initial presentation to the Council on the topic.
Councilmember Lawrence-Anderson noted she had responded to the email from Julie B. She stated
policies are Council decisions. A financial policy isn’t relevant for community feedback beyond
the input from community members on the Finance Commission. As for the reference to
Bloomington, if a City that large is able to have a grant policy be successful, it is very likely a
smaller city could also be successful. Again, it was a first reading and still needs staff
recommendations.
Councilmember Jerzak agreed Council had a robust discussion about grant management and came
to a solid compromise. The Council just wants to be aware of the money going in and coming out
of the City. The Finance Director went through the League of Minnesota Cities to do her due
diligence in looking for comparable policies. Councilmember Jerzak clarified that Committee and
Commissions can still meet without a quorum, but they cannot vote without a quorum.
Councilmember Jerzak pointed out community input can be provided in a number of ways such as
through informal public forums, attendance at public meetings, participation in Committees and
Commissions, and more. Many cities have policies regarding community input, but Brooklyn
Center does not restrict community input in such a way. As for the mention of bias against certain
Departments, that is not the case in the slightest.
Mayor Graves suggested there could be a public comment period added after the next presentation
of the grant management policy.
Councilmember Butler asked for staff to provide more information on how the policy was put
together as Julie B. expressed concerns about transparency.
Matt O. asked Mayor Graves if she would like an alternate to attend the Wednesday meeting as
she is unavailable. Mayor Graves stated Cordell Wiseman would attend the Northwest Tourism
Board meeting. Councilmember Lawrence-Anderson stated she would also attend the meeting.
Matt O. stated an employee of his saw a sign about work being done on the Daunte Wright
Memorial. He asked if there is an opportunity for community input. Dr. Edwards stated there will
be an unveiling later on in the summer. There will be more communications with the community
about the Memorial project. Any communication is done in collaboration with the Wright family,
and they have a meeting scheduled for the following day regarding the Memorial.
Councilmember Jerzak moved and Councilmember Butler seconded to close the Informal Open
Forum at 7:05 p.m.
Motion passed unanimously.
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2. INVOCATION
Councilmember Butler pointed out the Juneteenth holiday will be recognized on Monday, June 19,
2023. In 1863 during the Civil War, Abraham Lincoln issued the Emancipation Proclamation.
However, it would be more than two years until the news reached the African Americans in Texas.
The first official Juneteenth celebration was held the year after.
Councilmember Butler shared a quote by Desmond Tutu, “My humanity is bound up in yours, for
we can only be human together.”
Mayor Graves stated there will be a number of events in Brooklyn Center to celebrate Juneteenth.
Thursday, June 15, 2023, will be a dinner and panel discussion at the Brooklyn Center Community
Center. There is a golf tournament at Centerbrook Golf Course on June 16, 2023. Then there will
be a full-day Juneteenth Celebration on Saturday, June 17, 2023, at Centennial Park to include
entertainment, food, vendors, activities, face painting, balloon art, and more.
Councilmember Jerzak asked if there will be a Council booth. Mayor Graves stated she just walked
around the event in previous years. She asked if there could be a booth. Dr. Edwards stated he
would have to check.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves
at 7:09 p.m.
4. ROLL CALL
Mayor April Graves and Councilmembers Marquit a Butler, Kris Lawrence-Anderson, and Dan
Jerzak. Councilmember Teneshia Kragness was absent. Also present were City Manager Reggie
Edwards, Assistant City Engineer James Soltis, City Clerk Barb Suciu, and City Attorney Jason
Hill.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Graves explained there was a discussion of the Consent Agenda at the Study Session.
Councilmember Jerzak requested that Regular Session Consent Agenda Items 6c. Resolution
Approving the Labor Agreement for the Law Enforcement Labor Services, Inc. (LELS NUMBER
512) and the City of Brooklyn Center for the Period Beginning May 22, 2022, 2023, and 2024 and
6d. Resolution Approving the Labor Agreement for Law Enfor cement Labor Services, Inc. (LELS
NUMBER 520) and the City of Brooklyn Center for the Period Beginning May 22, 2022, years
2023, and 2024 be removed from the Consent Agenda due to a conflict of interest. It was agreed
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that t his item would be moved to Regular Session to Council Consideration Items 10b. Resolution
Approving the Labor Agreement for the Law Enforcement Labor Services, Inc. (LELS NUMBER
512) and the City of Brooklyn Center for the Period Beginning May 22, 2022, 2023, and 2024 and
10c. 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 due to a conflict of interest.
Mayor Graves noted Dr. Edwards had indicated that Regular Session Consent Agenda Item 6h. An
Ordinance Amending Chapter 35 of the City Code of Ordinance Regarding Application
Requirements for Land Disturbance Permits (1st reading) needs to be removed as the Planning
Commission did not reach a quorum to review the matter. Lastly, there will be an additional
proclamation on the agenda.
Councilmember Jerzak moved and Councilmember Butler seconded to approve the Agenda and
Consent Agenda, as amended, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. April 24, 2023 – Work Session
2. May 8, 2023 – Regular Session
3. May 22, 2023 – Study Session
4. May 22, 2023 – Regular Session
5. May 22, 2023 – Work Session
6b. LICENSES
GARBAGE HAULERS
Allied Waste Services of North America, LLC, 8661 Rendova Street NE,
Circle Pines, MN 55014
BL23-0342
Midwest Grease 220 Ponderosa Road,
Redwood Falls, MN 56283
BL23-0307
Waste Management – Blaine 10050 Naples Street NE,
Blaine, MN 55446
BL23-0352
MECHANICAL
Anderson’s Residential Heating & A/C 1628 County Road 10, #34,
Spring Lake Park, 55432
Forward Air, Inc. FFM LLC 9220 Wright Bros Court SW,
Cedar Rapids 52404
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Friendly Home Services Inc. 11792 272nd Avenue NW,
Zimmerman 55398
Homeworks Services LLC 915 Blue Gentian Road,
Suite 100, Eagan 55121
Kirts Mechanical LLC 2803 Roth Place,
White Bear Lake 55110
Liberty Comfort Systems 627 East River Road,
Anoka 55303
Midwest Electric and Generator 10215 Twin Lakes Road NW,
Elk River 55330
Ray Welter Htg Co. 4637 Chicago Avenue S,
Minneapolis 55407
Schwantes Heating and Air Conditioning, Inc. 6080 Oren Avenue S,
Stillwater 55082
Southside Heating & Air Conditioning Inc. 10808 Normandale
Boulevard, Bloomington
55437
St. Paul Plumbing & Heating Co. 640 Grand Avenue,
St. Paul 55105
Tim’s Quality Plbg. 225 County Road 81,
Osseo 55369
WJW Company 10068 Flanders Court,
Blaine 55449
RENTAL
INITIAL (TYPE II – two-year license)
2801 67th Lane N P J Carey & M J Carey
3715 58th Avenue N Saldi Home Improvement Llc
RENEWAL (TYPE IV – six-month license)
1600 71st Avenue N Fyr Sfr Borrower Llc
1900 Brookview Drive Ih3 Property Minnesota Lp
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2607 65th Avenue N Oluwaferanmi Amusan
3141 49th Avenue N Ccf3 Llc
3906 Janet Lane Lateef Olayiwola Adeleke
5024 71st Avenue N Fyr Sfr Borrower Llc
5344 Twin Lake Boulevard E Takasi Sibuya
6325 Kyle Avenue N Cuong Pham
7225 Major Avenue N Iasis Iii Llc
RENEWAL (TYPE III – one-year license)
700 66th Avenue N Georgetown-bc Company
Lllp
1217 54th Avenue N Jackson Hurst & Cierra Hurst
7206-12 West River Road Jason L Ingbretson
7013 Knox Avenue N HPA II BORROWER 2021-1
LLC
RENEWAL (TYPE II – two-year license)
407 70th Avenue N Gary F Brummer
4809 Twin Lake Avenue N Twin Lake Apartments, LLC
4811 Lakeview Avenue N Eileen Booker
6125 Lilac Drive N Lanel Crossings Ltd Ptnrshp
4207 Lakeside Avenue N, #236 Judith C Spanberger
5542 Irving Avenue N Ri Five Llces
6219 Chowen Avenue N Butterfly Bound Care
RENEWAL (TYPE I – three-year license)
5550 Girard Avenue N Restart Inc
5636 Fremont Avenue N Alice I Mansaray
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5712 Northport Drive R & C Scherbing Fam Rv Lv
Tr
6600 Dupont Avenue N Thomas Le & Mai Le
7024 Newton Avenue N T Pfingsten & M W Omelia
7137 Grimes Avenue N Shawn Banks & Djuana J
Banks
SIGNHANGER
Signcrafters Outdoor 14050 Lincoln St. NE,
Ham Lake 55304
6e. ORDINANCE NO. 2023-02 AMENDING CHAPTERS 1, AND 4 OF THE
CITY CODE OF ORDINANCE REGARDING ANIMAL WASTE, AND
STORAGE OF DEICING MATERIALS (1ST READING)
6f. RESOLUTION NO. 2023-67 ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NOS. 2023-01, 02, AND 03, 2023
STREET AND UTILITY IMPROVEMENTS
6g. RESOLUTION NO. 2023-68 ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NOS. 2023-04 AND 05, 2023
TRAIL AND PARKING LOT IMPROVEMENTS
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PROCLAMATION RECOGNIZING THE 2023 GRADUATING CLASS
BROOKLYN CENTER HIGH SCHOOL, THE EARLY COLLEGE ACADEMY,
AND INSIGHT SCHOOL OF MINNESOTA
Mayor Graves read in full a Proclamation Recognizing the 2023 Graduating Class of Brooklyn
Center High School, the Early College Academy, and Insight School of Minnesota.
Councilmember Butler moved and Councilmember Jerzak seconded to accept the Proclamation
Recognizing the 2023 Graduating Class Brooklyn Center High School, the Early College
Academy, and Insight School of Minnesota.
Motion passed unanimously.
7b. PROCLAMATION DECLARING JUNE 14, 2023, "FRIEDA FARLEY DAY" AS
SHE CELEBRATES HER 103 BIRTHDAY
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Mayor Graves read in full a Proclamation Declaring June 14, 2023, "Frieda Farley Day" as she
Celebrates her 103 Birthday.
Councilmember Butler moved and Councilmember Jerzak seconded to accept the Proclamation
Declaring June 14, 2023, "Frieda Farley Day" as she Celebrates her 103 Birthday.
Motion passed unanimously.
7c. PROCLAMATION DECLARING THE MONTH OF JUNE AS PRIDE MONTH
Mayor Graves read in full a Proclamation Declaring the Month of June as Pride Month.
Councilmember Jerzak moved and Councilmember Butler seconded to accept the Proclamation
Declaring the Month of June as Pride Month.
Motion passed unanimously.
Mayor Graves noted she recently co -facilitated a training with OutFront. It was a great
conversation.
7d. PROCLAMATION RECOGNIZING
Mayor Graves read in full a Proclamation Declaring the Month of June as Pride Month.
Councilmember Butler moved and Councilmember Jerzak seconded to accept the Proclamation
Declaring the Month of June as Pride Month.
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2023-03 VACATING CERTAIN EASEMENTS WITHIN LOTS
1, 2, AND 3, BLOCK 6, WANGSTAD’S BROOKLYN TERRACE, HENNEPIN
COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, MINNESOTA
City Manager Reggie Edwards introduced the item and invited Assistant City Engineer James
Soltis to continue the presentation.
Assistant City Engineer James Soltis stated the Wangstad Commons development was previously
approved by Council on May 8, 2023. Mr. Soltis showed an overview of the site. The public
hearing is to consider vacating cert ain easements as referenced above that are associated with the
Wangstad Commons site redevelopment. The Planning Commission has reviewed the final plat
for Wangstad’s Brooklyn Terrace Second. In connection with the final plat and easement
dedication proceedings, the developer is requesting the release and termination of easements that
are either no longer needed or are being replaced by new easements.
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Mr. Soltis explained it is the staff’s opinion that the easement proposed to be vacated is no longer
needed and should not negatively affect rights to public easements. All relevant entities have been
notified. Staff is unaware of any entity objecting to the proposed vacation.
Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to open the
Public Hearing.
Motion passed unanimously.
No one appeared to address this item.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to close the
Public Hearing.
Motion passed unanimously.
Councilmember Butler moved and Councilmember Jerzak seconded to adopt ORDINANCE NO.
2023-03, An Ordinance Vacating Certain Easements as referenced above that are associated with
the Wangstad Commons Site Redevelopment in Connection with the Proposed Final Plat of
Wangstad’s Brooklyn Terrace Second.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
10. COUNCIL CONSIDERATION ITEMS
10a. INTERIM ORDINANCE NO. 2023-04 AUTHORIZING A STUDY AND IMPOSING
A MORATORIUM ON THE OPERATION OF A CANNABIS BUSINESS WITHIN
THE CITY OF BROOKLYN CENTER
Dr. Edwards introduced the item and invited City Attorney Jason Hill to make the Staff
presentation.
Mr. Hill explained he would cover the creation of the Office of Cannabis Management, licensing,
regulation, and registration of retailers, the status of products legalized in 2022, and the next steps.
The presentation will not cover the impact on law enforcement and criminal statutes, human
resources concerns, and grant opportunities.
Mr. Hill stated the Office of Cannabis Management (OCM) will be established on July 1, 2023. It
will take about one year for the Office to be fully functional. The Office needs to hire a Director
and emplo yees. OCM will be issuing the licenses rather than individual cities. There will be 16
categories of licenses to include options such as cannabis microbusiness, mezzobusiness,
cultivator, manufacturer, retailer, wholesaler, transporter, testing facility, a nd event organizer.
Another consideration will be lower-potency hemp edible manufacturers, and retailers.
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Mr. Hill stated the City will have a limited role in licensing. 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.
Mr. Hill pointed out that the City cannot prohibit the establishment or operation of a cannabis
business licensed under the bill. The City also cannot prohibit the possession, transportation, or
use of cannabis flowers, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products. However, 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.
Mr. Hill noted 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 daycare, residential treatment facility, or an attraction
within a public park that is regularly used by minors, including a playground or athletic field.
Councilmember Butler noted the City has a limit on the number of licenses for tobacco
establishments allowed. Mr. Hill stated he would provide more details on that, but there is language
in the bill that allows a City to limit the licenses to no more than one cannabis establishment per
12,500 residents. There is also a County-wide density limit. If Hennepin Count y has one active
registration for every 12,500 residents, the City is not obligated to register a retail business.
Councilmember Jerzak asked if there are any provisions that wouldn ’t allow liquor stores to also
sell cannabis. Mr. Hill confirmed there aren’t restrictions related to that. There is a provision that
allows municipalities to operate their own cannabis store. Councilmember Jerzak asked if
Brooklyn Center is authorized for three licenses. Mr. Hill stated it is unclear and it will need to be
worked out by OCM rulemaking.
Mr. Hill stated 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 include these provisions, standardized forms, and
model policies and procedures for compliance checks.
Mr. Hill explained 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 or licenses. Limited registration fees are available.
Before issuing a retail registration, the City may 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.
Mr. Hill added there is limited authority for cities to suspend a registration for up to 30 days. The
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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.
Mr. Hill pointed out that 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. The City is also required to “conduct unannounced
age verification compliance checks at least once each calendar year,” similar to tobacco
compliance checks. Mr. Hill added 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.
Mr. Hill explained the State imposes a 10 percent tax upon sales, which is divided as follows: 80
percent to the State’s general fund and 20 percent to the local cannabis aid account, which is
subsequently divided among cities based on total cannabis businesses in the City.
Mr. Hill stated there were a 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 t hat 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.
Mr. Hill noted THC edible, referring to edible cannabinoid product s, sales may continue if the
seller registers with the state by October 1, 2023. The process will require a license to sell once
State begins issuing licenses. Statute is repealed effective March 1, 2025, or effectively repealed
when the state starts issuing licenses. As for lower-potency hemp edibles, THC edibles become
low-potency hemp edibles upon state licensure. The apparent intent is to manage retail sales under
the new registration and licensing program established under the new law.
Mr. Hill stated as part of the local control, a local government conducting or 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. It that cities will need
time to study the issues associated with this new registration and licensing arrangement and to
develop land use regulations associated with this new use. A draft interim ordinance is included
with Council’s materials.
Mr. Hill stated the City must provide at least 10 days’ published notice of a public hearing on
the proposed interim ordinance. The notice may start in June, but staff recommended the Council
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does not hold the hearing or adopt the interim ordinance until at least Ju ly 1, 2023, because the bill
is not effective until that date.
Mr. Hill added the uncertainties associated with the 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 to 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 registrat ion and a license from the State to sell,
but are not within the definition of a “cannabis business”. The previous moratorium will need to
be addressed sooner than later.
Mr. Hill stated 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”, the new moratorium on cannabis businesses, cap on the 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.
Mr. Hill explained the City remains under the moratorium adopted on Au gust 22, 2022. The
moratorium cannot be extended. The City has three options, first is to do nothing. THC edible
retailers who register with the state by October 1, 2023, will continue to sell under existing statutes
until issued a lower-potency hemp edible license. Second, the Council could adopt an ordinance
regulating THC edibles to become effective on or before the moratorium expires. Last, the Council
could adopt a licensing ordinance with the understanding that it will only be in effect for around
18 months.
Mr. Hill stated the City needs to decide if it will opt out of requiring local registration. The City
can opt -out by giving consent to County to issue registrations. In that scenario, there would be no
fees, no requirement to conduct compliance checks, and the City cannot impose a limit on the
number of retailers. If the City requires local registration, the City may collect registration fees,
must conduct a compliance check, and may impose a limit on the 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. Then the City must
immediately give notice to OCM. OCM can override the suspension and order reinstatement or
revoke the license.
Mr. Hill noted the City may, by ordinance, further restrict the hours of operation for the sale of
cannabis and hemp products. From a Statutory standpoint, sales are prohibited between 2:00 a.m.
and 8:00 a.m. Monda y through Saturday and between 2:00 a.m. and 10:00 a.m. on Sunday. The
City restriction can prohibit sales 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.
Mr. Hill added the City will need to decide if it will sell THC edibles and the lower-potency hemp
edibles at the City’s liquor stores. Cities need to register with the state by October 1, 2023, and
will need to apply for and obtain a lower-potency hemp edibles license when they are available.
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Brooklyn Center will also have to decide if the City will open its own municipal cannabis store.
There is no express authority for an exclusive municipal cannabis business. Staff has been working
with the League of Minnesota Cities on whether there is insurance coverage for selling these
products at a liquor store or as part of a municipal cannabis business.
Mr. Hill explained the City needs to be prepared to intake applications from OCM and determine
if the proposed business complies with local zoning, st ate fire code, and building code and respond
to OCM within 30 days. The City must also determine a process for suspending retail registrations,
notifying OCM, and reinstating the registration. Brooklyn Center should also consider a process
for submitting complaints to OCM, which is supposed to provide an expedited review process of
City complaints.
Councilmember Jerzak asked if there are any existing THC licenses in the City. If so, they must
determine how staff educate them on the new bill. He asked if the Council will decide if the Liquor
Stores can offer cannabis products or if it will be done administratively. Dr. Edwards stated that
staff will bring the question about offering cannabis products back to t he Council with a
presentation.
Mr. Hill stated no one in Brooklyn Center should be selling THC due to the moratorium passed by
Council last year.
Councilmember Jerzak asked if there will be a presentation to the Council regarding cannabis use
by City employees. Mr. Hill confirmed staff would review some human resources options to
present to Council.
Mayor Graves asked if the moratorium would impact the allowed use and transportation of
cannabis. Mr. Hill confirmed the moratorium only applies to sales. M ayor Graves asked if the
moratorium would hamper local businesses or entrepreneurship. Mr. Hill stated most cities are
implementing a moratorium which can be repealed at any time. The bill offers some options for
grants and educational opportunities for potential retailers either way.
Mayor Graves stated it is her opinion that they don’t need to do anything with the previous
moratorium as it has not presented any issues.
Councilmember Jerzak stated he wants entrepreneurial opportunities to go to Brooklyn Center and
not be grabbed by other cities. Mr. Hill stated there is no limit on the number of licenses in
Brooklyn Center based on the number of licenses in the County.
Mayor Graves stated she isn’t opposed to selling edibles in the City’s municipal stores. She asked
what the staff’s recommendation is. Dr. Edwards stated staff is interested in the possibility and will
provide a presentation to Council in the future.
Councilmember Lawrence-Anderson asked if the minimum purchasing age is 21 years old for
cannabis. Mr. Hill confirmed that this is correct. Councilmember Lawrence-Anderson explained
she is inclined to support the moratorium as there are many details that need to be worked out. She
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also doesn’t see an issue with selling THC products in municipal stores. However, she would like
to see public input gathered on the topic. There should also be community education about the
options.
Councilmember Jerzak stated he has several questions on the topic before stating if he supports
THC sales in municipal stores. He explained he wants feedback from staff and law enforcement.
He noted he would support the effort if it can be done safely and support the City financially.
Councilmember Butler noted her support of the moratorium.
Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to approve the
First Reading of an I nterim Ordinance Authorizing a Study and Imposing a Moratorium on the
Operation of a Cannabis Business within the City of Brooklyn Center.
Motion passed unanimously.
10b. RESOLUTION NO. 2023-69 APPROVING THE LABOR AGREEMENT FOR THE
LAW ENFORCEMENT LABOR SERVICES, INC. (LELS NUMBER 512) AND
THE CITY OF BROOKLYN CENTER FOR THE PERIOD BEGINNING MAY 22,
2022, 2023, AND 2024
Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to adopt
RESOLUTION NO. 2023-69, A Resolution Approving the Labor Agreement for the Law
Enforcement Labor Services, Inc. (LELS NUMBER 512) and the City of Brooklyn Center for the
period May 22, 2022, years 2023 and 2024.
Councilmember Jerzak abstained from the same. Motion passed.
10c. RESOLUTION NO 2023-70 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
Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to adopt
RESOLUTION NO. 2023-70, A Resolution for the Labor Agreement for Law Enforcement Labor
Agreement, Inc. (LELS NUMBER 520) and the City of Brooklyn Center for the period begin ning
May 22, 2022, years 2023, and 2024.
Councilmember Jerzak abstained from the same. Motion passed.
11. COUNCIL REPORT
Mayor Graves reported on her attendance at the following and provided information on the
following upcoming events:
6/12/23 -15-
• Attended the st rategic planning session. She encouraged folks to participate in the strategic
planning survey, especially those who are Spanish-speaking and Hmong.
• Attended the Twin Lake neighborhood meeting.
• Toured Jammin Wings event space.
• Attended Twin Cities Leadership Breakfast.
• Noted there is a new diverse grocery store on Humboldt.
• Attended Regional Council of Mayors meeting.
• Attended Women Winning Luncheon.
• Noted she would be out of town for a number of days, and Councilmember Lawrence -
Anderson would serve as Mayor Pro Tem if need be.
Councilmember Jerzak reported on his attendance at the following and provided information on
the following upcoming events:
• Attended grand opening of Value Foods.
• Attended the strategic planning session.
• Attended the Twin Lake neighborhood meeting.
• Met with several constituents and business owners.
• Attended neighborhood breakfast.
• Attended Improving Youth Justice: A Community Conversation in Brooklyn Park. There
were important topics discussed that could be used in Brooklyn Center.
12. ADJOURNMENT
Councilmember Jerzak moved and Councilmember Butler seconded the adjournment of the City
Council meeting at 8:20 p.m.
Motion passed unanimously.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies:
1. Attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City
of Brooklyn Center held on June 10, 2023.
2. That said meeting was held according to due call and notice thereof and was duly held at Brooklyn Center City Hall.
3. That the City Council adopted said minutes at its June 24, 2023, Regular Session.
City Clerk Mayor