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HomeMy WebLinkAbout2024.12.09 CCP REGULARC IT Y C O UNC IL M E E T I NG City Hall Council Chambers December 9, 2024 AGE NDA 1.Call to Order - 7:00 p.m. 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. 2.Roll Call 3.P ledge of Allegiance 4.Informal Open Forum 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. a.Meeting Decorum 5.Invocation - Butler 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 meeting minutes 10/28/24 Study Session 11/25/24 Study Session 11/25/24 Regular Session 11/25/24 Work/EDA Session b.Approval of L icenses - Motion to approve the licenses as presented. c.Resolution A pproving Change Order Nos. 1-4, Accepting Work P erformed and A uthorizing F inal Payment, P roject No. 2024-07, L ift Station No. 5 Rehabilitation P roject - Motion to approve a resoluti on Approving Change Order Nos. 1 - 4 and Accepting Work Performed and Authori zing Final Payment, Improvement Project No. 2024-07, Lift Station 5 Rehabilitation Project. d.Resolution Setting E mployer Benefits Contribution for Full-Time Non-Union Employees for 2025, 2026, and 2027 - Motion to approve Resolution Setting Employer Benefits Contribution for Full-Time Non-Union Employees for 2025, 2026, and 2027 e.Resolution A dopting a City Council Code of Conduct and E thics - Motion to approve the Resolution Adopting a City Council Code of Conduct and Ethics f.2025 B rooklyn Center L egislative P riorities - Approval of the 2025 Brooklyn Center Legislative Priorities g.Approve the 2025 City Council Meeting Schedule - Motion to approve the 2025 City Council meeting schedule as presented 7.P resentations/Proclamations/Recognitions/Donations a.Resolution Recognizing Council Member Marquita B utler for her Years of Service to the City of Brooklyn Center - motion to approve a resolution recognizing Council Member Marquita Butler for her years of service to the City of Brooklyn Center b.Resolution Recognizing the Service of A rvid "B ud" Sorenson on the P arks and Recreation Commission - Motion to approve a resolution expressing recognition and appreciation to Arvid "Bud" Sorenson for 45 years of dedicated service as a City of Brooklyn Center Parks and Recreation Commission Member. c.Random A cts of K indness - Motion to Adopt a Proclamation Declaring November 12th, 2024, to be Designated as Random Acts of Kindness Day. - Council Engagement staff will acknowledge Random Acts of Kindness and 2024 nominees. - Mayor will read the 2024 Random Acts of Kindness Proclamation d.Parks and Recreation Department Update - Motion to approve the presentation. 8.P ublic Hearings a.Resolutions to Approve the Utility Rates for 2025 - Motion to: Open the public hearing; Take public input; and Close the public hearing - Motion to approve: Resolution for 2025 Water Utility Rates Resolution for 2025 Sanitary Sewer Utility Rates Resolution for 2025 Storm Sewer Utility Rates Resolution for 2025 Street Light Rates Resolution for 2025 Recycling Rates 9.P lanning Commission Items a.Planning Commission A pplication No. 2024-012, Submitted by K K MB A Brooklyn Center L L C, for a Major A mendment to the Shingle Creek Crossing Planned Unit Development to Allow for Governmental Offices (2501 County Road 10) - Public Hearing (1) Motion to: Open the public hearing; Take public input; and Close the public hearing. (2) Motion to deny the requested major amendment to the 2011 S hingle Creek Crossing P lanned Unit Development to allow "governmental offices" as a permitted use at the S ubject Property located at 2501 County Road 10 and as contemplated under P lanning Commission Application No. 2024-012. City planning staf f maintains the position that, based on the f indings presented within the provided staff report, the requested major amendment to the Planned Unit Development should be denied; however, if City C ouncil elects to recommend approval of the request to allow for “governmental offices” within Shingle C reek C rossing shopping center, the motion language should be to approve the requested amendment to the 2011 Shingle C reek Crossing Planned Unit Development to allow for “governmental of f ices,” and with revised findings. 10.Council Consideration Items a.Brooklyn Center Community S afety and Violence Prevention Commission -Council request to enable the Resolution for the Community Safety and Violence P revention Commission. 11.Council Report 12.Adjournment COUNCIL MEETING DECORUM To ensure meetings are conducted in a professional and courteous manner which enables the orderly conduct of business, all persons in attendance or who participate in such meetings shall conduct themselves in a manner that does not interfere with the ability of others to observe and, when allowed, to participate without disruption or fear of intimidation. A. Decorum. Persons who attend meetings must avoid conduct that disrupts, interferes with, or disturbs the orderly conduct of the meeting or the ability of other attendees to observe and participate as appropriate. To that end, persons who attend meetings are subject to the following: (1) Members of the public may only speak during meetings when allowed under Council Rules and only after being recognized by the presiding officer. The presiding officer may establish time limits for the acceptance of public comments or testimony. (2) Public comments or testimony must be addressed to the presiding officer and not to other Council Members, staff, or others in attendance. (3) All elected officials shall be referred to by their proper title and surname. (4) Public comments should avoid personal accusations, profanity, or other improper content for a public meeting. (5) Intimidating behaviors, threats of hostility, or actual violence are disallowed. (6) Audible demonstrations intended to disrupt the meeting should be avoided, including stomping of feet, snapping of fingers, clapping of hands, and other conduct that may be intimidating or threatening to others. (7) Holding, displaying, or placing banners, signs, objects, or other materials in any way that endangers others, prevents the free flow of individuals within the chamber, or obstructs or prevents the viewing of the meeting by others is not allowed. B. The presiding officer shall request any person(s) who disrupt, interfere with or disturb the orderly conduct of a meeting to cease the conduct and, as necessary, shall issue an oral warning to the individual(s) found to be in violation. If the individual(s) persists in disrupting, interfering with, or disturbing the meeting, the presiding officer may have the individual(s) removed or, under appropriate circumstances, temporarily clear the gallery. If for any reason the presiding officer fails to take such action, a majority vote may be substituted for action by the presiding officer to maintain order and decorum over the proceedings. C. The Council Chambers capacity is 76 persons per fire code. C ouncil R egular M eeng DAT E:12/9/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :D r. Reggie Edwards, City Manager 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 meeng minutes 10/28/24 S tudy S ession 11/25/24 S tudy S ession 11/25/24 Regular S ession 11/25/24 Work/E DA S ession B ackground: I n accordance with M innesota S tate S tatute 15.17, the official records of all mee5ngs must be documented and approved by the governing body. B udget I ssues: - None I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: P rovide quality s ervices w ith fair and equitable treatment AT TA C H M E N TS : D escrip5on U pload D ate Type 10.28.24 S tudy S ession 11/19/2024 Backup M aterial 11.25.24 S tudy S ession 12/4/2024 Backup M aterial 11.25.24 Regular S es s ion 12/4/2024 Backup M aterial 11.25.24 E DA /Work S es s ion 12/4/2024 Backup M aterial 11.25.24 E DA /Work S es s ion 12/4/2024 Backup M aterial 10/28/24 -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 OCTOBER 18, 2024 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at 6:03 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, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. COUNCIL MISCELLANEOUS DISCUSSION ITEMS Mayor Graves asked if any Councilmembers had additional items for discussion. There were no topics added. CODE OF CONDUCT Councilmember Lawrence-Anderson noted Charter Commission appointments are not made by the Council, referring to page eight. A judge appoints people to the Charter Commission. Mayor Graves read the section aloud and agreed the paragraph was confusing. Councilmember Kragness stated on page six there was wording that was supposed to be corrected but was not. Mayor Graves asked if Councilmember Kragness had alternative wording to propose. Councilmember Kragness stated she would think about it. Councilmember Jerzak reiterated that the edits had not been made. He read through the items in question and explained the changes that needed to be made. Mayor Graves asked who would make the edits. Dr. Edwards clarified that Staff would make the edits. Councilmember Jerzak referred to the City Charter as well as Roberts Rules of Order and asked if the previous resolutions adopted by the Council would be repealed. City Attorney Siobhan Tolar asked if Councilmember Jerzak believes the document in questio n 10/28/24 -2- DRAFT and the Charter are in conflict. Councilmember Jerzak confirmed there are some conflicts. He asked if other resolutions would need to be repealed because the proposed policy is in conflict with the Charter. Ms. Tolar stated the Charter is the controlling document and overrules any other documents. She stated many of the policies in the Code of Conduct would be in addition to the Charter. However, any conflicts would defer to the Charter. Councilmember Jerzak requested Ms. Tolar review the Charter. Mayor Graves asked what the conflicts are. Councilmember Jerzak gave an example of the type of meetings allowed by the Charter. Another example is related to Robert’s Rules of Order or the order of meeting items. Ms. Tolar explained the Code of Conduct is intended to fit into existing policies and be supplemental. Some language was modified by the previous City Attorney. Her only edits were reorganizing. Councilmember Jerzak asked what the Code of Conduct has that the Charter doesn’t have Mayor Graves stated although there are existing policies regarding decorum, some people have still felt disrespected. Also, there are not any standards for accountability as of yet. Councilmember Jerzak stated that his concern is that respect is subjective, and the Code of Conduct could be weaponized. Mayor Graves reiterated there is no adopted process to rectify any issues of misconduct. She stated that the Code of Conduct is not to replace any existing policy but to complement what is already in place. Additionally, the proposed Code of Conduct is in line with the Council’s goals. She requested Councilmember Jerzak review the Charter and note any misalignment. Councilmember Jerzak stated he is unclear on the process and punitive steps, as well as censuring, and would like clarification on this. He also noted that he feels the City Attorney should be a part of the process Mayor Graves stated she doesn’t have an issue sharing the responsibility. Ms. Tolar stated the Council administers the censuring process. However, censuring isn’t the first punitive step. Councilmember Lawrence-Anderson stated that she would also like clarification on the censure, and what constitutes a censure and asked if they would want the Charter Commission to assist with the process. 10/28/24 -3- DRAFT Mayor Graves stated she would prefer that the Council handle the matter but stated they could look at the Charter assisting and mitigating conflicts if needed. Councilmember Lawrence-Anderson stated she would like to know what would constitute a censure. Mayor Graves stated the Code of Conduct requires repeated complaints and a Council vote. Councilmember Lawrence-Anderson asked what censuring looks like. Ms. Tolar stated it is a public admonition. The Councilmember would have received multiple verbal warnings. Then the Council would pass a resolution acknowledging the Councilmember’s inappropriate behavior. Mayor Graves added Commissioners who have faced censuring would have a certain timeline before they can serve on a Commission again. The purpose is to promote accountability. Councilmember Butler reminded the council that this is also a reflection of staff. She pointed out Staff have been mistreated by both Council and Commissioners in the past and by passing a Code of Conduct, it is intended to show the Council’s commitment to caring for and protecting Staff. Councilmember Kragness noted the document needs to be cleaned up. For example, on page five item two, contact is supposed to be limited to specific Staff. It is unclear what Staff this is referring to and in what context. Mayor Graves suggested removing the first sentence regarding limiting contact with Staff. Councilmember Kragness added the document is worded in an accusatory manner. On page six for items 12 and 13, it says “do not speak badly” when it could say “refrain from speaking ill of” and the like. For 13, it says “Don’t spring surprises on Councilmembers.” There was discussion on the item and Council offered to ask more questions in advance of a meeting. She stated she would review her notes for more insight. Councilmember Lawrence-Anderson stated Councilmembers might have a question during a presentation. She asked if the Council could no longer ask Staff questions during the meeting. Mayor Graves stated the item could be worded to “refrain” from springing questions on Staff. Councilmember Lawrence-Anderson pointed out that the term “surprises” is a broad word and asked if it would relate to presentations and questions directed at the presentation. Mayor Graves stated she believes the point is to avoid putting Staff on the spot o r pressuring someone to make an immediate decision. Councilmember Lawrence-Anderson stated the Council’s job is to ask questions. Councilmember Jerzak noted on page six, item D, stated only the Mayor or presiding officer may ask a presenter a question. However, any Councilmember can call for a Point of Order per Robert’s Rules of Orders. Mayor Graves stated the Code of Conduct allows for any Councilmember to request the presiding officer to make a Point of Order. Councilmember Jerzak stated the item 10/28/24 -4- DRAFT doesn’t allow for other Councilmembers to ask clarifying questions during a presentation, which is especially important during a longer presentation. Mayor Graves asked how the item could be amended. Councilmember Jerzak stated the item could allow Councilmembers to ask permission from the presiding officer to ask a question of the presenter, but only if necessary. Mayor Graves pointed out the item is to prohibit disrespectfulness from a Councilmember or unnecessary interruptions. Reasonable questi ons are absolutely allowed. However, she is open to edits if the Council would prefer it. Councilmember Kragness stated adding more words is making the document too wordy. It is understood the Council should listen to the whole presentation, and it doesn’t need to be written. The item is addressing when an off-topic conversation is occurring. Councilmember Jerzak referred to page seven item F, he stated that this item is well-intended, but it could be weaponized as attacks are subjective. Mayor Graves stated egregious actions are obvious to most people. She has been interpreted as stern when it is merely her passion coming through. The intention is not to police personal expression but to promote accountability and set an example to the community. Mayor Graves added the vote doesn’t need to be unanimous. However, it would be important to have everyone on the same page and of the same mind. Councilmember Kragness asked where the final paragraph on page four originated from. Mayor Graves read through the paragraph aloud regarding personnel administration. She stated that there are a number of examples of how the Council should be interacting with Staff. It was likely pulled from Brooklyn Park’s initial draft. Councilmember Kragness asked if it needs to be in the Code of Conduct. The first two paragraphs have enough information, and the third paragraph seems unnecessary. Mayor Graves stated the third paragraph seems like a transitional paragraph to move along to the list of directives. The third paragraph provides reasoning for the directives. Councilmember Lawrence-Anderson pointed out it is a good document, and there has been meaningful progress. City Manager Reggie Edwards explained that Staff will meet with the City Attorney to make edits before they return to the Council. Also, any items from the Code of Conduct that duplicate the Charter Commission will be removed. Dr. Edwards pointed out there is an audio issue for those viewing the meeting remotely. Staff is working to fix the issue. Dr. Edwards noted the Council’s conversation is great and will thoroughly inform the final Code of Conduct. 10/28/24 -5- DRAFT Mayor Graves stated the item would be addressed again at a future meeting. BROOKLYN CENTER 2025 LEGISLATIVE PLATFORM Dr. Edwards summarized the previous discussions regarding the 2025 Legislative Platform. Both the old and new language are included to reflect edits made. There will be a clean document presented to the Council for approval at the next Council meeting. Dr. Edwards explained the first group of legislation relates to administration. The City wants to support information access and official notifications in an updated manner. There is an item addressing election judge recruitment and retention by allowing college students to have time off. Brooklyn Center continues to support funding for cultural centers and museums. Dr. Edwards stated the Public Works Garage is an essential service for the City, and they are seeking funding through the legislative process. Dr. Edwards noted Brooklyn Center supports legislation that protects tenants and lifts up affordable housing. Affordable housing is critical, especially where there are concentrations of poverty. Funding can be spread throughout the Metro to avoid disparities within certain communities. Another legislative item in the Platform is to support group homes and assisted living centers while addressing the disproportionate implementation of such facilities. Brooklyn Center has the highest percentage of group homes compared to any City in Minnesota. Dr. Edwards the City also wants to support a more even distribution of emergency shelter and transitional housing uses in hotels. Brooklyn Center needs to retain its hotels as income sources while continuing to serve those in need. Lastly for housing, Brooklyn Center supports efforts to train new and diverse building officials. Dr. Edwards explained there are a number of legislative items related to business and economic development of interest to Brooklyn Center. They want to support small business development through opportunities and resources and protect business tenants. Brooklyn Center supports an internship-to-work tax credit for organizations hosting young workers within the City. They also want to promote workforce readiness by fully funding the Minnesota Job Skills Partnership. Dr. Edwards stated Brooklyn Center supports flexibility within Tax Increment Financing (TIF) Districts to facilitate redevelopment and housing flexibility. The City is reques ting critical legislative funding that will fill gap funding necessary for the build-out of Phase 1 of the Opportunity Site. The request will be done in such a way as to avoid “double-dipping.” Dr. Edwards stated some financial items include supporting State funding for cities recovering tax losses due to 4D Transition Aid, encouraging continued legislative support for Metro Area Fiscal Disparities, advocating for simplifying the current sales tax exemption for construction materials, increasing property tax relief for property owners, and adding an annual indexing factor to the Local Government Aid (LGA) formula. 10/28/24 -6- DRAFT Dr. Edwards noted Brooklyn Center supports the State adding “racial trauma” to eligible conditions for psychological treatment. He pointed out the item is new for 2025. Dr. Edwards added Brooklyn Center supports extension and permanent funding of Public Safety Aid, Deferred Retirement Option Plan (DROP) for law enforcement, extending the presumption of privacy for body-worn camera footage to non-sown staff in alignment with current State law, improving race-related data collection by allowing individuals to self-identify their race on their driver’s licenses, funding for the expansion of the COP Autism Response Education (CARE) training model, clarifying State Statutes that allow juveniles to be help for questioning and booking in City jail for up to six hours, and implementing the principles and strategies outlined in the President’s Task Force on 21st Century Policing. Dr. Edwards stated other legislative items of note to Brooklyn Center include appropriation of funding to the Fencing Consortium, funding Brooklyn Park’s regional joint emergency operations center and indoor fire training facility, funding for the Dayton Regional live fire trainin g facility, increased and continued funding to MNFIRE and MBFTE, permanent funding for public safety responder mental health and well-being, addressing issues with TH 252, MVLST funding, funding for and improvements to public transportation, and flexibility in city cost participation on State and County roads. CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS Dr. Edwards explained there is a correction required for the minutes related to certifying the special assessments rolls because Council didn’t verbally remove appellants from the rolls. A similar change will be made to the administrative citation process. There was no objection from the Council. Dr. Edwards pointed out that Director of Community Prevention, Health, and Safety LaToya Turk is ill and unable to attend the meeting. Therefore, the item on the Work Session titled Community Safety and Violence Prevention Commission Council Discussion will need to be pushed back to a later date. Mayor Graves asked where in the agenda the Council should address the error with the special assessments roll. Dr. Edwards stated the only action required of the Council is approving the changes to the previous set of minutes. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS ADJOURNMENT Mayor Graves adjourned the meeting at 7:06. 11/25/24 -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 NOVEMBER 25, 2024 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at 6:07 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Dan Jerzak, and Teneshia Kragness. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Director of Community Prevention, Health and Safety LaToya Turk, Police Chief Garett Flesland, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. CITY COUNCIL MISCELLANEOUS DISCUSSION ITEMS CODE OF CONDUCT City Manager Dr. Edwards summarized the history of the item. He and Staff reviewed the document alongside other City documents to eliminate any redundancies. City Attorney Siobhan Tolar explained some sections were renumbered for clarity. The highlights are intended to reflect thematic consistency. The two documents are complementary. Ms. Tolar pointed out page two is where the edits begin. The new section is the City Council Code of Conduct and Ethics. Each section has a header. She attempted to soften the language and avoid a prescriptive tone. Ms. Tolar stated the second section has similar edits. In B., Council Conduct with City Staff, there are highlighted areas reflecting the complementary sections. In subsection 5., Follow-Up Requests or Directives has been edited with an additional reference to the Charter. On the whole, there are not any contradictions with the City Charter. Councilmember Jerzak stated he wanted the section to reference policies and cite the Charter. He didn’t previously articulate his desire well. 11/25/24 -2- DRAFT Ms. Tolar noted she was unsure if Council wanted to retain subsection 9. Political Solicitation. Councilmember Jerzak stated he has displayed political signs in his own yard for both Executive Branch and local elections. Ms. Tolar asked if he has promoted candidates in his role as Councilmember. Councilmember Jerzak stated he has only displayed political signs on private property. Ms. Tolar stated the item refers to promoting political candidates while representing the Council. Councilmembers Kragness and Jerzak expressed their support for the item. Ms. Tolar added there are two drafted options for subsection 12. Surprise Issues. The item could be renamed to 12. Political Gamesmanship. Councilmember Kragness stated she would like a combination of both. She doesn’t like the term “surprise” as it is subjective. She added she appreciated the part about avoiding “putting colleagues in awkward or disadvantageous positions” and the sentence “make every attempt to submit questions or concerns prior to formal meetings.” Ms. Tolar stated she would keep the item 12. Political Gamesmanship and add the sentence about making effort to submit questions. Ms. Tolar stated the next section is called C. Council Conduct with the Public. She read aloud Subsection f. Avoid Personal Attacks and pointed out it is thematically consistent. Councilmember Kragness suggested softening the language by changing “should not” to “should refrain from.” Ms. Tolar noted the rest of the edits are primarily adding headers. She did move subsection 3. Conduct During Meetings to section G. Accountability Measures for organizational purposes. Section H. Ethics remains the same with references to other governing documents. Councilmember Kragness thanked Ms. Tolar for her edits and work on the item. Councilmember Jerzak pointed out Councilmember Lawrence-Anderson is not present to vote on the important item. Additionally, there will be a new Councilmember in 2025. He asked for the item to be tabled until the new year or indefinitely. Mayor Graves stated the Council and City Attorney have reviewed the item multiple times. She explained she would like to vote on the item before the end of the year, and her hope is full consensus from the Council. It is her preference to have the item on the Regular Session at the next Council meeting. Councilmember Butler agreed Councilmember Lawrence-Anderson has had ample time to provide feedback, and the City Attorney has done a great job. She stated she would like to vote on the item at the next meeting. Councilmember Kragness stated there have been a couple of edits since Councilmember Lawrence-Anderson has been able to review the document. Also, the new Councilmember should have an opportunity to agree on the item. Overall, she would prefer to wait until January. 11/25/24 -3- DRAFT Councilmember Jerzak noted his agreement with Councilmember Kragness. He pointed out the Charter is still the governing document and will remain in place. Mayor Graves stated the complaints about Commissioners and Councilmembers she has received have no recourse per the Charter. She has tried to build consensus among the Council rather than passing the measure with only partial support. There needs to be an accountability measure in place. She has received the most pushback from Councilmembers Jerzak and Lawrence-Anderson. She stated she is concerned they will use the addition of the new Councilmember to further push the same agenda. Councilmember Jerzak acknowledged he has pushed back on the item. The Charter has been in place for a number of years and has served its purpose. He expressed concern about the weaponization of the proposed document. Elected officials such as Councilmember Lawrence- Anderson have the right to vote on such matters. Additionally, Councilmember Kragness has shown interest in moving the item until January. Councilmember Jerzak moved to table the item indefinitely. Councilmember Kragness stated she doesn’t want to table the item indefinitely. The motion failed for lack of a second. Councilmember Jerzak moved and Councilmember Kragness seconded to table the item to January. Councilmember Butler and Mayor Graves voted against the same. Motion failed. Mayor Graves stated there are minor edits Staff will implement to soften the language, and Councilmember Lawrence-Anderson will be able to review the minutes from the meeting. Councilmember Jerzak requested that Regular Session Consent Agenda Item 6j., Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development (LCDA- TOD) Funding Grant for Opportunity Site Phase 1 Public Infrastructure, be moved to a discussion item. There was no objection from Council. Consent Agenda Item 6j. Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development (LCDA -TOD) Funding Grant for Opportunity Site Phase 1 Public Infrastructure will be moved to Council Consideration Item 10a. Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development (LCDA-TOD) Funding Grant for Opportunity Site Phase 1 Public Infrastructure. 11/25/24 -4- DRAFT Councilmember Jerzak requested that Regular Session Consent Agenda Item 6l. Resolution Accepting Funding Award of the Hennepin County Transit-Oriented Communities Grant Application - Opportunity Site, be removed from the Consent Agenda. There was no objection from Council. Consent Agenda Item 6l. Resolution Accepting Funding Award of the Hennepin County Transit-Oriented Communities Grant Application - Opportunity Site will be considered as Council Consideration Item 10b. Resolution Accepting Funding Award of the Hennepin County Transit-Oriented Communities Grant Application - Opportunity Site. Councilmember Jerzak requested that Regular Session Consent Agenda Item 6o. Resolution Authorizing Amendment of the 2024 Centerbrook Golf Course Budget be removed from the Consent Agenda. There was no objection from Council. Dr. Edwards stated Staff was going to request the item be removed from the agenda and considered at a future date. Mayor Graves asked that this item be set as a Council Consideration item for the December 9, 2024 meeting. Councilmember Jerzak explained he wanted to move the item until there is more clarity on the budget. The timing is difficult because the budget hasn’t been set. Dr. Edwards agreed there will be more information and analysis available for the December 9, 2024 meeting. CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS City Manager Reggie Edwards asked if the Council wanted to add the presentation from Random Acts of Kindness. If the Council wanted to read out the names associated with Random Acts of Kindness, then it should be held until December 9, 2024, as an item under Presentations/Proclamations/Recognitions/Donations. Mayor Graves noted her agreement with the suggestion. She pointed out it wouldn’t be a full celebration but rather a reading of names. Councilmember Jerzak agreed with the suggestion as well. He thanked Director of Community Prevention, Health and Safety LaToya Turk and her Staff for their effort on the item. Councilmember Kragness added she would like proper recognition for Random Acts of Kindness because the previous meeting was canceled. Dr. Edwards pointed out at the recent budget meeting, Councilmember Lawrence-Anderson and Finance Commissioner Joylenna Garcia were absent and excused. Staff did receive notice prior to the meeting. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS 11/25/24 -5- DRAFT BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION Director of Community Prevention, Health and Safety LaToya Turk explained the Council requested additional discussion on the topic of the Community Safety and Violence Prevention Commission. Ms. Turk pointed out there are approximately 18,000 law enforcement agencies in the United States. As of 2019, there were estimated to be around 150 to 200 Civilian Review Boards. The goals of the Review Boards include improving public trust in law enforcement, ensuring public input in the police complaint process, promoting fair and thorough investigations, increasing transparency in the complaint process, and deterring police misconduct. Ms. Turk stated there are three types of review boards: investigation-focused, review-focused, and auditor/monitor-focused. For the investigation-focused model, the board would conduct independent investigations of police complaints which may parallel or replace internal affairs investigations. Investigations are typically completed by civilian investigators and the organization typically operates separately from law enforcement. Ms. Turk stated the review-focused model is generally made up of citizen-volunteers and includes police officers. The reviews are usually completed internal affairs and complaint investigations. Any complaint-finding recommendations are made to the Chief. The board may receive complaints from the community as well. This is the most common type of review board. Ms. Turk added the auditor/monitor model may participate in the internal affairs investigation process. The board may evaluate and review police policies and practices and make recommendations for change and evaluate for larger patterns of misconduct. Members are typically well-trained in analytics and tend to be experts in policing. Ms. Turk showed table comparing the types of review boards. Investigat ion-focused models frequently receive complaints, frequently decide how to handle a complaint, sometimes review police investigations, and frequently conduct independent investigations. The review-focused models frequently receive complaints, rarely decide how to handle a complaint, frequently review police investigations, and rarely conduct independent investigations. Lastly, the auditor/monitor models frequently receive complaints, sometimes decide how to handle a complaint, frequently review police investigations, and sometimes conduct independent investigations. Ms. Turk pointed out that the Council requested information on local review boards. St. Paul has a board with three-year terms. No members may serve more than two terms in a lifetime. On top of reviews, they advise on department policy and prepare an annual report. In 2019, the budget was $16,000 and members received $50 per meeting attended. Meetings are subject to open meeting law and occur at least quarterly but up to twice per month. Ms. Turk explained the St. Paul Police Department has about 629 officers. Their board is review- 11/25/24 -6- DRAFT focused and its authority is per ordinance. Their Human Rights Department is responsible for board, and there is a full-time Review Coordinator. The final discipline authority is the St. Paul Chief of Police. The Board is made up of nine community members. Officers were removed from the panel in late 2017. Ms. Turk explained Minneapolis has about 800 officers within its Police Department. The board is both investigative and review-focused and has authority per an ordinance. The Department of Civil Rights has responsibility for the entity, and the Minneapolis Chief of Police is the final discipline authority. The board has a minimum of seven members. Four are appointed by Council and three by the Mayor. Individual review panels consist of two citizens and two officers at the Commander level. The panels rotate members based on availability. Terms can be two to four years. Ms. Turk pointed out the Minneapolis board also prepares an annual report. Members receive $50 per meeting, and their budget is just over $1 million. There are five or six full-time staff assigned to oversee the board. The group meets at least once per month. Ms. Turk stated the City of St. Cloud has 111 officers. The board is review-focused and has authority per ordinance. The Police Department has the responsibility of the board, and the Police Chief as the final discipline authority. The board consists of six citizens and three officers. The term limit is three years, and no officer may serve more than two terms. Ms. Turk added the St. Cloud board also prepares an annual report. The board members are unpaid, and the group meets as needed. Ms. Turk noted there have been internal conversations for various Staff involved in Brooklyn Center’s public safety system including the Fire Department, Police Department, Parks and Recreation Department, and the Office of Community Prevention, Health and Safety. They have discussed necessary metrics and City capacity. Ms. Turk stated the Resolution calls for a Community Safety and Violence Prevention Committee as public safety is the responsibility of all community members rather than just law enforcement. Its role is to provide recommendations on public safety initiatives, policies, and practices. Primary objectives include reviewing and recommending public safety policies, community engagement and collaboration, promoting equity in public safety, creating violence prevention strategies, monitoring public safety metrics, and support development of the expanded response models. Ms. Turk explained they are looking for the Commission to be an affiliate for the City rather than being housed within a singular department. As they review and recommend policies, the Commission would make recommendations regarding existing public safety policies, programs, and practices in the City of Brooklyn Center. This includes evaluating the effectiveness of current law enforcement approaches and proposing alternatives where applicable, with a focus on non- violent crisis intervention, prevention, and community-based strategies. 11/25/24 -7- DRAFT Ms. Turk noted it takes time to develop new public safety efforts and build capacity. It would be the role of the Commission to foster transparent, ongoing dialogue between City leaders, law enforcement, community members, and stakeholders to build trust, enhance community-led safety initiatives, and ensure that community voices are at the center of decision-making processes. Ms. Turk stated there are research opportunities to process and consider data to best promote equity in public safety. The Commission would ensure that public safety policies and practices are equitable and do not disproportionately impact marginalized or underserved populations. This includes providing recommendations for addressing racial disparities in public safety outcomes, particularly as they relate to law enforcement interactions, incarceration, and the justice system. Ms. Turk pointed out the Commission would have the opportunity to create violence prevention strategies by developing and recommending community-based violence prevention strategies that focus on addressing the root causes of violence, including poverty, mental health, substance u se, housing instability, and lack of access to social services. Ms. Turk stated in order for the Commission to monitor public safety metrics, they would work in alignment with national metrics and best practices to measure the effectiveness of public safety policies and initiatives. Additionally, they would regularly review and report on public safety data, including crime rates, use of force incidents, community satisfaction with law enforcement, and other relevant indicators in collaboration with the City’s public safety departments. Ms. Turk added to support the development of expanded response models, the commission would explore and support the implementation of non-law enforcement response models, including but not limited to mental health crisis intervention teams, violence interveners, and social service programs designed to provide holistic responses to non-violent incidents. Ms. Turk explained the roles and responsibilities for the committee would be to provide recom- mendations to the City Council, facilitate community forums and workshops, collaborate with other City departments and agencies, and develop an annual report. The Commission will submit regular recommendations to the Brooklyn Center City Council on policies and practices related to public safety and violence prevention. These recommendations will be evidence-based, consider- ing national best practices and community input. Ms. Turk stated as for membership, there has been robust discussion regarding the number. There is a limited pool of people to pull from, and they want to gather a group that will reflect a broad cross-section of the Brooklyn Center community, including residents, business owners, faith-based leaders, educators, youth representatives, and experts in public safety, me ntal health, social ser- vices and related fields. The majority of Commissioners must be City residents. City Staff will review applications and forward recommendations to City Clerk for the Mayor and Council to review and appoint. Ms. Turk noted the qualifications are still within the spirit of the Daunte Wright and Kobe Dimock- Heisler Community Safety and Violence Prevention Act. Members should have demonstrated 11/25/24 -8- DRAFT interest or have direct experience in public safety, the criminal justice system, community engagement, public health, violence prevention, and/or social justice. The Commission will prioritize members who represent communities most affected by public safety issues and/or hold public safety or public health credentials. Ms. Turk added the suggested term length is for members to serve two-year terms with the option for reappointment to an additional term. To ensure continuity, initial appointments will be staggered so that approximately half of the members’ terms expire in alternating years. Ms. Turk stated the Commission would meet quarterly or as needed, depending on the urgency and scope of the issues under review. Special meetings or subcommittees may be formed to focus on specific areas such as youth engagement, mental health crisis response, or community-police relations. Ms. Turk pointed out the final disciplinary authority would belong to the Chief of Police. Any and all recommendations from the Commission would be reviewed and considered by the Council. The group wouldn’t provide input on hiring, firing, or recruitment. Mayor Graves noted the presentation was thorough. She would consider input from Staff and community members. It is important to have a variety of expertise and lived experience on the Commission. Over the past five years, there have only been 23 complaints regarding the Police Department. Therefore, it makes sense for the Commission to have responsibilities beyond complaint review. Councilmember Jerzak explained he would like input from the Police Chief as it w ould significantly impact his Department. He noted he has received a number of comments regarding the Commission membership. They aren’t opposed to outside voices, but they would like only community members to retain voting rights. Councilmember Jerzak pointed out that the Council hasn’t fully reviewed the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. There is an item regarding the Commission’s ability to review police contracts and Chapter 19. The membership likely won’t have the expertise to review contracts. The City doesn’t have the budget to pay folks. Also, he has concerns about quorum considering the existing commissions commonly fail to meet quorum. Councilmember Jerzak added the training of the members must be very thorough considering the sensitive information they would review. They must be trained on confidentiality and also have their criminal records considered. Councilmember Kragness stated she has concerns about the membership, and she would like there to be consistency with existing commissions. Most of the commissions have one chair and six members. She noted her preference for all commissioners to be residents. Mayor Graves stated if officers were to serve on the Commission, they may not be a resident. 11/25/24 -9- DRAFT Councilmember Kragness pointed out she is the Liaison to the Financial Commission, but she isn’t a voting member. Mayor Graves stated there is a difference between members and non-voting members. Councilmember Kragness agreed. She is a Liaison and not a member. Staff, officers, or other professionals may attend the meeting, but they should not have voting power. Ms. Tolar noted the Arts Commission has a designated number of advisory members. They have voting members, non-voting members, and Staff liaisons. Mayor Graves stated the Charter Commission has a unique composition and with a range of allowed members. Dr. Edwards explained each commission has one Council Liaison and one Staff Liaison. However, many Staff may participate in the meetings and collaborate with the commissions. Staff and Council are not counted as members. Ms. Turk pointed out any time she presents to the Council regarding public safety, she has already discussed the presentation with all Departments related to public safety. Police Chief Garett Flesland noted he has been looking forward to the presentation. Staff hasn’t had the opportunity to hear from Council regarding the original intentions of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Staff has done a great job interpreting the spirit of the Resolution and the conversation has been helpful to narrow the scope. The Commission would be an additional resource for the Police Department to enhance the scope of their work. Councilmember Jerzak asked Chief Flesland for his perspective on the most and least promising outcomes of the Commission. Chief Flesland stated the City gets stronger as there is more communication. A positive of the Commission would be the enhanced communication, collaboration, and new ideas. As for a potential pitfall, there will likely be disagreements. All participants need to enter conversations with open minds. Councilmember Jerzak asked if Chief Flesland believes he can bridge the gap between the potential officers and the Commission. Chief Flesland stated having the Department from the outset will help prevent division. Councilmember Jerzak asked if Chief Flesland has any input on the makeup and size of the Commission. Chief Flesland stated he would need time to consider a specific number. Dr. Edwards pointed out that the Commission is intended to address all components of public safety rather than just law enforcement. The Commission is purely advisory to the Council, and any recommendations would have to be considered and passed by Council. He added all departments would have input on the composition of the Commission. If the Council wants input on the composition from the Police Chief, they should also receive input from the other Directors. 11/25/24 -10- DRAFT Ms. Turk explained they were considering a group of nine to encompass more expertise within the Commission. Without that, there would be a heavier lift for Staff to educate members. On the Arts Commission, the advisory members have taken over much of the educational component so Staff can purely serve as liaisons. Mayor Graves thanked Ms. Turk for the presentation and all involved parties for the conversation. There needs to be more consideration regarding the composition of the Commission such as the number, advisory members, and liaisons. Councilmember Butler acknowledged other commissions only have residents as members. However, public safety impacts more than residents. For example, business owners have an important voice to consider in the conversation regarding public safety. On the whole, Brooklyn Center has been stagnant regarding community engagement. Community stakeholders such as educators, business owners, or school leadership would have impactful input. Dr. Edwards asked if Council would like Staff to bring the item as a Council Consideration item. Mayor Graves confirmed she would like for the topic to be on the agenda again at the next meeting. ADJOURNMENT Mayor Graves moved and Councilmember Jerzak seconded to close the Study Session at 7:15 p.m. Motion passed unanimously. 11/25/24 -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 NOVEMBER 25, 2024 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 7:17 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Dan Jerzak, and Teneshia Kragness. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Police Chief Garett Flesland, Director of Public Works Elizabeth Heyman, Community Development Director Jesse Anderson, Police Chief Garett Flesland, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor April Graves opened the meeting for the purpose of Informal Open Forum and reviewed decorum requirements. Laurie M. noted she had comments regarding the Code of Conduct discussion. There have been actions taken against her including paying for an investigation, meaning that there is an existing process. She noted her agreement with the Code of Conduct being used as a weapon. As a Councilmember-elect, there is no consensus on the policy. She requested the City Manager review the policies and consider its application to Facebook posts. Laurie M. pointed out Brooklyn Center is not Brooklyn Park. The proposed Code of Conduct is a word-for-word copy of Brooklyn Park’s policy. Laurie M. asked if members of the Implementation Committee who have personally attacked Councilmembers on repeated occasions have been investigated. As for the investigation into herself, Laurie M. has not heard about any outcome nor the initial complaint. Any complaint process should be clear to all relevant parties. 11/25/24 -2- DRAFT Mayor Graves clarified the conversation was regarding a Code of Conduct for Councilmembers and Commissioners. Nahid K. introduced herself as the new Chair of the Cultural and Public Arts Commission. She thanked all community members who contributed to its creation. There have been three meetings so far, but there are openings on the Commission. The application has been taken down, which is concerning. The original application was approachable and easy to understand. She requested the application be returned to the Commission's webpage. Nahid K. noted the Commission has reviewed the Arts and Beautification Plan and the governing documents for the Cultural and Public Arts Commission. She requested an open -ended question be added to the application asking what unique abilities the applicant can bring to the Commission. Mayor Graves stated Nahid K.’s time limit was complete. She offered to meet individually with Nahid K. The applications submitted will be reviewed by her and there is potential for the applications to be simplified. Lori B. pointed out that the presentation on the Public Safety and Violence Prevention Commission was initially provided to the Council in November 2020 by Commander Gabler. There was clear support from officers at that time. Julie B. stated it can be difficult to fill Commission seats when the applications are only shared with select folks. There should be more inclusive advertising efforts. Julie B. added that legal Staff reviewed the Code of Conduct for length, tone, and other considerations. She requested the Open Forum Decorum be reviewed similarly as it is lengthy. The length is off-putting, intimidating, and exclusive. Raj S. noted Brooklyn Center Police Department impacts more than the residents as many people still frequent the city. He encouraged the City to liberate itself. Those who have been impacted by Brooklyn Center officers need to have a voice. He added that the Council has expressed concerns about funding alternative public safety efforts. However, there is value in folks sharing their experiences. He requested the City to reconsider its priorities. Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open Forum at 7:38 p.m. Motion passed unanimously. 5. INVOCATION Mayor Graves read a poem she recently wrote about doubt, caring for one’s heart, and generational impacts. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 11/25/24 -3- DRAFT Councilmember Kragness moved and Councilmember Jerzak seconded to approve the Agenda and Consent Agenda, as amended with Consent Agenda Item 6j. Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development (LCDA-TOD) Funding Grant for Opportunity Site Phase 1 Public Infrastructure becoming Council Consideration Item 10a. Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development (LCDA-TOD) Funding Grant for Opportunity Site Phase 1 Public Infrastructure, Consent Agenda Item 6l. Resolution Accepting Funding Award of the Hennepin County Transit- Oriented Communities Grant Application - Opportunity Site becoming Council Consideration Item 10b. Resolution Accepting Funding Award of the Hennepin County Transit-Oriented Communities Grant Application - Opportunity Site, and removing Consent Agenda Item 6o. Resolution Authorizing Amendment of the 2024 Centerbrook Golf Course Budget, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 25, 2024 – Study Session 2. October 28, 2024 – Regular Session 6b. LICENSES MECHANICAL Bruce Nelson Plbg & Htg 7012 6th Street N Oakdale 55128 Binder Heating & Air Conditioning 222 Hardman Avenue N South Saint Paul 55075 Genz-Ryan Plbg & Htg Co 2200 Highway 13 W Burnsville 55337 ON-SALE INTOXICATING Captain CraB 1360 Shingle Creek Crossing Suite 201 Topgolf 6420 Camden Avenue N Jambo Africa 1601 Freeway Boulevard Hip Sing BBQ Restaurant 6201 Brooklyn Boulevard Oga Madam Kitchen 6000 Shingle Creek Parkway ON-SALE SUNDAY Captain CraB 1360 Shingle Creek Crossing Suite 201 11/25/24 -4- DRAFT Topgolf 6420 Camden Avenue N Jambo Africa 1601 Freeway Boulevard Hip Sing BBQ Restaurant 6201 Brooklyn Boulevard Oga Madam Kitchen 6000 Shingle Creek Parkway ON-SALE 3.2 Davanni's Pizza & Hot Hoagies 5937 Summit Drive 50's Grill 5524 Brooklyn Boulevard ON-SALE WINE Davanni's Pizza & Hot Hoagies 5937 Summit Drive 50's Grill 5524 Brooklyn Boulevard OFF-SALE 3.2 MALT LIQUOR Cub Foods 3245 County Road 10 Speedway #3192 6950 Brooklyn Boulevard Speedway #4058 1901 57th Avenue N Speedway #4160 6545 West River Road LIQUOR - CLUB American Legion 6110 Brooklyn Boulevard TOBACCO Jambo Africa 1601 Freeway Boulevard Holiday Stationstore #3808 5710 Xerxes Avenue Holiday Stationstore #292 420 66th Avenue N Premier Tobacco 6930 Brooklyn Boulevard Speedway #3192 6950 Brooklyn Boulevard Speedway #4058 1901 57th Avenue N Speedway #4160 6545 West River Road 11/25/24 -5- DRAFT Casey's Retail Company 2101 Freeway Boulevard Family Dollar 2105 57th Avenue N Cloud Nine Smoke Shop 615 66th Avenue N Cub Foods 3245 County Road 10 Winner 6501 Humboldt Avenue N Royalty & Sons Tobacco 6044 Brooklyn Boulevard GASOLINE SERVICE STATION Holiday Station store #3808 5710 Xerxes Avenue Casey's Retail Company 2101 Freeway Boulevard Speedway #3192 6950 Brooklyn Boulevard Speedway #4058 1901 57th Avenue N Speedway #4160 6545 West River Road Brooklyn BP 6044 Brooklyn Boulevard RENTAL INITIAL (TYPE IV – six-month license) 3519 53rd Place N Jewel Johnson 6142 Brooklyn Boulevard Duc Minh Truong 5337 Oliver Avenue N Benyam Sahle INITIAL (TYPE III – one-year license) 1107 57th Avenue N 1107 4X LLLP INITIAL (TYPE II – two-year license) 6101 Brooklyn Boulevard JO Companies 6812 Camden Avenue N Kendra Woods & Cory Thibado 7212 Kyle Avenue N Sharaz Mohammed RENEWAL (TYPE IV – six-month license) 700 66th Avenue N Georgetown-bc Company Lllp 11/25/24 -6- DRAFT 5121 France Avenue N Ih2 Property Illinois Lp 6725 Bryant Avenue N Vong Duong & Ngoc-Keiu Huynh 6912 Logan Avenue N Hpa Borrower 2017 1 Llc 7243 Riverdale Road Ih2 Property Illinois Lp 4204 Lakebreeze Avenue N AZ RENTAL APARTMENTS LLC 6915 Humboldt Avenue N Lynwood Pointe Llc 3712 53rd Place N SFR BORROWER 2022-A LLC 4600 69th Avenue N Aisheh Wazwaz & Sami Ameri 5300 Knox Avenue N ANTONIO VIZCARRA-MORENO RENEWAL (TYPE III – one-year license) 3800 Burquest Lane HENNEPIN RP FUNDING LLC 5706 Camden Avenue N Midwest Challenge Inc 1308 68th Lane N Roth Wagner Llc1 3800 Burquest Lane HENNEPIN RP FUNDING LLC 5351 Irving Avenue N Cel Monton Llc 5510 France Avenue N Iasis I Llc 6807 Scott Avenue N Gao Qiang Liu RENEWAL (TYPE II – two-year license) 1425 55th Ave N Trung C Duong 4101 61st Avenue N Long Xiong 5301 Logan Avenue N Mnsf Ii W1 Llc 6001 Admiral Place IH2 PROPERTY BORROWER LP 6701 Bryant Avenue N Ih2 Property Illinois Lp 11/25/24 -7- DRAFT RENEWAL (TYPE I – three-year license) 1421 63rd Lane N Gary Fraser 6424 Perry Avenue N Raphael Bidahor 6937 Unity Avenue N Wells Bovard 5330 Queen Avenue N Fong Xiong 4207 Lakeside Avenue N, #139 ALEXANDER ANDRZEJEK 1549 Humboldt Place N Johnson Organization Inc 2606 65th Avenue N HPA II Borrower 2020-2 2836 67th Lane N Jose A Aguilar 5201 Drew Avenue N A Omar & E Katabay 5819 Dupont Avenue N T D Nguyen & H Le 6013 Brooklyn Boulevard Rosa F Chiqui Lema 6835 Colfax Avenue N HP MINNESOTA I LLC 6c. RESOLUTION NO. 2024-111; ACCEPTING GRANT FUNDING FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY OFFICE OF JUSTICE PROGRAMS FOR INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION AND TRAINING POSITIONS 6d. RESOLUTION NO. 2024-112; ACCEPTING LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING GRANT FOR NEW GENERATIONS LLC - VETERANS HOUSING 6e. RESOLUTION NO. 2024-113; DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2025-02, 67TH AVENUE AND JAMES AVENUE MILL & OVERLAY 6f. RESOLUTION NO. 2024-114; ESTABLISHING INTEREST RATE FOR 2025 SPECIAL ASSESSMENTS 6g. RESOLUTION NO. 2024-115; ESTABLISHING 2025 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 11/25/24 -8- DRAFT 6h. RESOLUTION NO. 2024-116; ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2024-06 2024 POND 48-001 MAINTENANCE PROJECT 6i. RESOLUTION NO. 2024-117; AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 25001 TO PROVIDE FOR THE DEFERRAL OF SPECIAL ASSESSMENTS 6j. RESOLUTION NO. 2024-118; ACCEPTING LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT TRANSIT ORIENTED DEVELOPMENT (LCDA-TOD) FUNDING GRANT FOR OPPORTUNITY SITE PHASE 1 PUBLIC INFRASTRUCTURE This item was considered as Agenda Item 10a. 6k. RESOLUTION NO. 2024-119; APPROVING JOINT POWERS AGREEMENTS FOR THE CONTINUED OPERATION OF THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS 6l. RESOLUTION NO. 2024-120; ACCEPTING FUNDING AWARD OF THE HENNEPIN COUNTY TRANSIT-ORIENTED COMMUNITIES GRANT APPLICATION - OPPORTUNITY SITE This item was considered as Agenda Item 10b. 6m. RESOLUTION NO. 2024-121; ACCEPTING LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING GRANT FOR CAPI 6n. RESOLUTION NO. 2024-122; DECLARING NOVEMBER 30, 2024, AS SMALL BUSINESS SATURDAY 6o. RESOLUTION; AUTHORIZING AMENDMENT OF THE 2024 CENTERBROOK GOLF COURSE BUDGET This item was removed from the Consent Agenda and will be considered at the December 9, 2024 meeting. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. POLICE DEPARTMENT UPDATE Police Chief Garett Flesland showed the organizational chart for the Brooklyn Center Police Department. There are five divisions within the Department: Police Administration, Patrol Services, Community Services, Investigative Services, and Support Services. Chief Flesland showed a graph depicting the number of sworn officers over the past ten years. Currently, there are 40 trained and deployable officers, which is still a 22 percent deficit. He 11/25/24 -9- DRAFT showed a graph comparing the average calls for service for each day compared to the number of sworn officers over the past ten years. He pointed out the Department receives around 100 calls per day. Chief Flesland also showed a graph reflecting the number of sworn officers and the calls for service fielded by each officer over the past ten years. In 2024, there are approximately 250 for each officer for each quarter. The data evenly distributes the calls amongst all sworn officers which include investigators, Commanders, the Chief of Police, and other sworn officials that do not typically respond to calls. He added more than one officer may respond to a call, which is not reflected in the graph. Ultimately, officers are roughly 70 percent busier than when there were more sworn officers. Chief Flesland stated the Patrol Division is the largest, most visible division with up to 26 sworn officers, seven sergeants, one commander, and multiple Community Service Officers and cadets. In 2023, the Division handled over 34,000 calls for service. Throughout 2023, there were 20 to 23 officers and five sergeants employed. The Division has a number of responsibilities beyond responding to calls for service. Chief Flesland noted in 2023, BCPD handled 34 motor vehicle fleeing incidents and two motor vehicle pursuits. Throughout the year, there were only 206 use of force incidents, which is approximately 0.6 percent of all 911 calls. Only 16 of those results in subject injury with the most common injuries being abrasion or non-visible pain. There were eight officers assaulted and 4,820 police reports were generated. Chief Flesland stated in 2023, there were four to five detectives. The fifth detective hired was a seasoned expert and was able to hit the ground running. There were 1,049 new cases assigned in 2023 with each detective receiving 4.2 new cases each week. Another way to consider the numbers is that a detective would receive a new case almost every working day, not considering holidays or days off of work. 770 cases were submitted for prosecution. Chief Flesland added there were 52 community outreach and crime prevention events in 2023. Significant partnerships with local businesses and community organizations continued to grow. The camera trailer was deployed to hot spots and has been used almost nonstop. The Crime Statistics Dashboard went live July 2023. It is updated each morning. Many other cities plan to use Brooklyn Center’s dashboard framework for their own data. Chief Flesland stated the existing Police-Embedded Social Worker Program continued throughout 2023. The Social Work received 727 referrals for 564 unique individuals and 329 of the referrals were for group home residents. He shared an example of a referral for a resident that was swindled out of a large sum of money in a rental scheme. The Social Worker was able to connect the residents with many resources and get them into affordable housing instead of becoming homeless. He also shared an example of a frequent 911 caller that was referred to the Social Worker which ultimately decreased the resident’s use of emergency services. Chief Flesland showed a table with Part 1 crimes from the Uniform Crime Report (UCR). He 11/25/24 -10- DRAFT highlighted the column with total percentage change from 2023 to 2024. They anticipate violent crime will be up seven percent and serious crime will be up nine percent. Chief Flesland then showed a table with Part 2 crimes from the UCR. Overall, the Department anticipates an increase of Part 2 crimes by 29 percent from 2023 to 2024. Mayor Graves requested a copy of the report. Chief Flesland confirmed he would share the report with the Council. Chief Flesland explained National Incident-Based Reporting System (NIBRS) replaced UCR a few years ago. The Department is working to transition to the new system. NIBRS breaks crimes into three main categories: crimes against person, crimes against property, and crimes against society. He showed a pie chart of 2022, 2023, and projected 2024 crimes broken down by NIBRS categories. Crimes against society have decreased while crimes against persons have increased since 2023. Chief Flesland showed a graph depicting total violent crime for 1990 through 2024. The violent crime has consistently increased in recent years. The trend is not unique to Brooklyn Center. Chief Flesland shared a table with information on gun violence in 2023 and 2024. All gun violence statistics have decreased except for the category of shots fired incidents with no damage or injuries, which has been predicted to increase 22 percent. Chief Flesland showed a graph depicting calls for service by year from 2010 through the predicted end of 2024. He then showed a slide with three graphs of calls for service by type. In recent years, calls for shots heard has decreased while calls for mental problems, welfare checks, and group homes have increased. He noted the term “mental problem” is used to match dispatch codes. Chief Flesland stated the Police Department is actively working to build capacity. There are monthly Crime Reduction Strategy meetings which include hotspot analysis and assignments. They have been planning and executing a variety of proactive enforcement details. Examples include traffic response details and curfew details. Chief Flesland added there is a monthly supervisory meeting, a continued focus on recruitment and retention of police staff, regular attendance at job fairs, proactive business engagement by uniformed officers, a Community Crisis Response Team, and a new hotel workgroup support. Mayor Graves thanked Chief Flesland for the presentation. Councilmember Jerzak noted in the Friday update, there was a mention of a successful camera trailer deployment. He asked what the status of the new trailer is. Dr. Edwards stated Staff is looking to see if there are adequate funds to purchase an additional trailer. He would provide a more specific timeline to Council once he has the information. Mayor Graves noted her appreciation of the collaboration efforts undertaken by the Brooklyn Center Police Department. 11/25/24 -11 - DRAFT Dr. Edwards confirmed he would provide copies to the Council. Councilmember Jerzak moved and Mayor Graves seconded to accept the Department presentation. Motion passed unanimously. 7b. 2024 PARK CAPITAL INVESTMENT PLAN - UPDATE Dr. Edwards introduced the item and invited Public Works Director Elizabeth Heyman to continue the Staff presentation. Ms. Heyman explained the purpose of the 2024 Park Capital Investment Plan is to guide park investments, improve multimodal access to parks, identify resident priorities, identify park strengths and deficiencies, and develop a funding strategy. Ms. Heyman stated they are working on the next phase of community engagement. There has been interest in splash pads and a driving range. The current phase is a way to test ideas wi th concepts built off of public feedback, a way to show ideas both graphically and geographically, and a step towards prioritizing funding as there is about $200,000 in the Capital Improvement Fund each year. The phase is not intended to be a recommendation for full build out or the end of community engagement. She showed an example of Palmer Park where there are ongoing flooding issues which impact use of the soccer fields. Public Works Planner Kory Andersen Wagner showed the timeline for the plan. They are into the last phase of the plan. Staff will be releasing park concepts in December. There will be an online survey regarding park concepts and bike and pedestrian gaps. The survey will be available throughout December and January. Questions will be about concepts and seek to refine and prioritize improvements. Mr. Andersen Wagner noted nearly 1,000 community members were engaged in the process. Residents want more playground facilities, improvements for existing facilities, access to water, an expanded trail network, interactive water play features such as a splash pad, more native plantings, more lighting, soccer fields, a volleyball space, basketball court improvements, and indoor play spaces. Mr. Andersen Wagner showed the West Palmer concept. They are considering flood mitigation, wetland restoration, and soccer field investments. Soccer fields are in high -demand and are used despite flooding. Mr. Andersen Wagner showed the Centennial concept which includes flood mitigation, expanded access to water, an improved trail network, an improved gathering space, and capitalizing on the advantages of Shingle Creek. Many baseball fields are unusable due to flooding. The park often requires the use of sandbags to handle flooding. 11/25/24 -12- DRAFT Mr. Andersen Wagner stated Staff is looking to generate revenue at Lions and Centerbrook Golf Course. They have proposed a driving range and park upgrades to benefit all users. The concept map will be available in the near future. Mr. Andersen Wagner added next steps will be to gather input, estimate costs, seek out funding opportunities, prioritize projects, prepare the document, and present a final Plan to the Council in spring 2025. Mayor Graves stated the Council looks forward to hearing more in March. Councilmember Jerzak moved and Councilmember Butler seconded to accept the Park Plan Update presentation. Motion passed unanimously. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2024-118; ACCEPTING LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT TRANSIT ORIENTED DEVELOPMENT (LCDA-TOD) FUNDING GRANT FOR OPPORTUNITY SITE PHASE 1 PUBLIC INFRASTRUCTURE Dr. Edwards introduced the item and invited Community Development Director Jesse Anderson to continue the Staff presentation. Mr. Anderson explained the City applied for a grant of $2 million to support public infrastructure for Phase 1 of the Opportunity Site. The infrastructure is the most difficult portion of the project to pay back. Staff has been looking for funding opportunities per the request of Council from two years ago. Councilmember Jerzak pointed out several things have changed since the item was approved in 2019. To date, the developer has been unable to perform its commitments. Ultimately, the grant is not a good deal for the taxpayers. The market conditions have changed. The grant only covers 60 percent of the infrastructure, which leaves 40 percent of the responsibility on the City and, ultimately, the taxpayers. He doesn’t want to transfer any risk to the taxpayers. The City already has difficulties with its own budget. 11/25/24 -13- DRAFT Councilmember Jerzak added some components of the Opportunity Site may no longer be a good fit for the City. For example, an event space may have worked in 2019. However, an additional event space in the City would only compete with existing businesses such as the Heritage Center or other local businesses. Councilmember Jerzak noted the grant application referenced up to 770 additional housing units. Unfortunately, there are no funds promised to fund additional Staff from the Fire Department, Police Department, Public Works Department, and so on. Even if the project broke ground immediately, the City won’t see a financial return for almost 15 years. An empty lot is better than a poorly designed project. Councilmember Jerzak stated the Council needs to have a serious conversation regarding the plausibility of the Opportunity Site. Staff has done an excellent job seeking alternative funding efforts, but Brooklyn Center must consider the difficulty of the present market conditions and concerns with the developer. Mayor Graves asked if Councilmember Jerzak is opposing the item due to poor use of taxpayer money. Councilmember Jerzak stated that was correct. Mayor Graves explained the item is only a grant. Councilmember Jerzak confirmed it is a grant, but taxpayers will be responsible for the other 40 percent of the infrastructure, not to mention the additional City services needed to support the Site. Mayor Graves stated there hasn’t been a development agreement brought before the Council. Councilmember Jerzak agreed that is part of the issue. It shows the developer isn’t in a place to move forward with the development. Their bank and investors don’t believe the project is viable. Mayor Graves asked what would happen to the grant funds if the rest of the project didn’t pan out. Mr. Anderson stated the funds would be returned should the City fail to meet the rest of the contract including the housing units. Mayor Graves suggested they transition to the next item. 10b. RESOLUTION NO. 2024-120; ACCEPTING FUNDING AWARD OF THE HENNEPIN COUNTY TRANSIT-ORIENTED COMMUNITIES GRANT APPLICATION - OPPORTUNITY SITE Councilmember Jerzak noted he is hesitant to add more transit-oriented development when the existing transit hub is not under control. Metro Transit hasn’t always been a great partner. Mr. Anderson explained the City had previously received the grant, but it expired. They applied again, and they received the $500,000 grant opportunity again. If the grant were to expire again, the City would simply return the grant. Councilmember Jerzak pointed out Brooklyn Center was cautioned to avoid relying on bonding per legislative officials. It will be an uphill battle. 11/25/24 -14- DRAFT Mayor Graves moved and Councilmember Butler seconded to adopt a RESOLUTION NO. 2024-118; Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development Funding Grant from Metropolitan Council. Councilmember Jerzak voted against the same. Motion passed. Mayor Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2024- 120; Resolution Accepting the Hennepin County Transit-Oriented Communities Grant Application for the Opportunity Site. Councilmember Jerzak voted against the same. Motion passed. 11. COUNCIL REPORT None. 12. ADJOURNMENT Councilmember Butler moved and Councilmember Jerzak seconded adjournment of the City Council meeting at 8:22 p.m. Motion passed unanimously. 11/25/24 -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 NOVEMBER 25, 2024 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 8:34 p.m. ROLL CALL Mayor/President April Graves and Councilmembers/Commissioners Marquita Butler, Dan Jerzak, and Teneshia Kragness. Councilmember/Commissioner Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Zoning Administrator Ginny McIntosh, City Attorney Jason Hill, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION This item was addressed during the November 25, 2024, Study Session. ADULT-USE CANNABIS LEGISLATION Dr. Edwards introduced the item and invited Planning and Zoning Administrator Ginny McIntosh to continue the Staff presentation. He added municipal sales have been considered in the planning process. Many Departments have collaborated on the topic. Ms. McIntosh stated City Staff is requesting City Council/EDA authorize the Planning Commission to proceed with proposed amendments to the City’s Unified Development Ordinance (UDO) and provide direction with respect to amendments regarding the new Adult-Use Cannabis and Lower Potency Hemp Edibles (LPHE) legislation. An amendment to the UDO may be initiated by the Council/EDA, the Planning Commission, or the property owner. As local governments have some jurisdiction, the purpose of the amendments is to adopt new zoning standards relating to land use and buffers. Ms. McIntosh pointed out the item was brought to the Planning Commission. However, there was an issue meeting the quorum. The City Attorney instructed Staff to bring the item to the Council/EDA in Work Session. Given the impending issuance of cannabis licenses in 2025, City Staff proceeded with the submittal of a public hearing notice for amendments to Chapter 35 of the 11/25/24 -2- DRAFT City Code of Ordinances at the December 12, 2024, Planning Commission meeting. Other amendments include Chapter 11, Chapter 23, Chapter 13, and Chapter 19. Ms. McIntosh showed a timeline for the decision -making process. The planning process takes longer because the Planning Commission has separate meetings for public hearings. The first reading for Council/EDA would be January 13, 2025, and the second reading would be January 27, 2025. Due to requirements with public notices, the changes would not go into effect until March 2025. Ms. McIntosh explained that in July 2022, the Minnesota Legislature made changes to Minnesota Statute 151.72, that impacted the legal sale of products containing cannabinoids derived from hemp and allowed consumers aged 21 or older to purchase products containing THC derived from hemp. Edible cannabinoid products could not contain more than five milligrams of any tetrahydrocannabinol (THC) in a single serving, or more than a total of 50 mg of THC per package. Brooklyn Center currently has 16 businesses registered with the state for the sale of hemp-derived cannabinoids, including two municipal liquor stores and the golf course. Ms. McIntosh noted the City of Brooklyn Center authorized a study and imposed a moratorium on the establishment of new uses, or the expansion of existing uses related to the sale of THC products in 2022. Ms. McIntosh stated in 2023, the State of Minnesota passed the Adult Use Cannabis Act, legalizing the possession, use, and growth of recreational marijuana for individuals aged 21 and older. The Minnesota Office of Cannabis Management (OCM) is responsible for developing the licensing process for a total of 13 different business types and establishing rules and logistics for retail operations, dispensaries, production, wholesale, micro/mezzo businesses, and delivery services, including both cannabis and low-potency hemp edibles (LPHE). Ms. McIntosh added the City established an ordinance to prohibit the use of cannabis and hemp products in public places and amended Chapter 23 of the City Code to address the licensing and sale of edible cannabinoid products within the City was adopted. At the time, then City Attorney Jason Hill had prepared a presentation after the legalization of LPHE, outlining legislation and further steps the City would need to follow to be compliant with State Statute. There may need to be amendments throughout the process due to State-level changes. Ms. McIntosh pointed out the role of the Office of Cannabis Management (OCM) is to regulate the cannabis industry statewide and provide guidance on the standards for the State. The OCM requires all cannabis and lower potency hemp businesses to obtain a license once the State of Minnesota has established the licensing process and includes the Division of Medical Cannabis, which operates the medical cannabis program, and the Division of Social Equity, which promotes development, stability, and safety in communities that have experienced a disproportionate, negative impact from cannabis prohibition and usage. Ms. McIntosh stated January 1, 2025, has been the slated date for the issuance of State licenses. In the last couple of days, news articles have been released on the topic. The OCM was supposed 11/25/24 -3- DRAFT to have its first round of lotteries through the Division of Social Equity. However, it was delayed because two-thirds of the applicants were denied. Applicants were flooding the zone on purpose while other applicants were denied because they weren’t the true owners. Four lawsuits have been filed. It would be in the best interest of the City to work through their own regulations before the State’s licensure process is fully established. Mayor Graves pointed out she has received emails on the topic. Ms. McIntosh stated Staff has also received emails with concerns. Ms. McIntosh stated local governments may not issue outright bans on cannabis business, or limit operations in a manner beyond what is provided by a state law. With that said City Staff will be working with the City’s respective Planning Commission and City Council/EDA to identify and amend, as necessary, any City Codes to address the new provisions relating to adult-use cannabis law. Ms. McIntosh noted local governments may limit the number of retailers and microbusinesses or mezzobusinesses with retail endorsements, but in no case can there be less than one retail location per 12,500 residents. As the City of Brooklyn Center has 33,982 residents per the 2023 Minnesota State Demographer Estimates, the City would be expected to provide for at least three of these license types. Additionally, cannabis retail sales must be in standalone shops as the primary use and cannot be accessory to another use. State law requires the OCM to issue a license to a city or county seeking to operate a single municipal cannabis store. This store is not included in the minimum number of registrations required. Ms. McIntosh pointed out Brooklyn Center will be tasked with approving text amendments to Chapter 35 of the Unified Development Ordinance. The City Council /EDA will have to address licensing standards and ultimately adopt an amended ordinance if it would like to have any say in where these establishments can be located. Through land use and zoning, the City could identify with zoning districts cannabis businesses may operate within. The OCM released a Guide for Local Governments on Adult-Use Cannabis which provides some direction on where certain license types might be located in a community, and a table of “comparable districts,” as well as certain “municipal considerations,” such as potential nuisances like odors, security, transportation, on-site consumption, and fleet vehicle storage. Ms. McIntosh noted any developments with certain covenants and restrictions prohibiting the growing, delivering, transporting, distributing, or sale of cannabis would prevail unless the restrictions were amended to allow for the use. As an example, Shingle Creek Crossing has prohibitions on marijuana, whether by prescription, medical recommendation, or otherwise. It was a private condition for business owners. The measure was included in Planned Unit Development (PUD) approvals. Mayor/President Graves asked if the Council/EDA would need to take action to amend the prohibitions. Ms. McIntosh stated she would need to confer with the City Attorney. However, they will definitely need to work with the anchor store. The process is complicated. Mayor Graves stated she would like for Staff to start moving on the amendments. 11/25/24 -4- DRAFT Ms. McIntosh stated the City also has the option to establish buffer zones between cannabis businesses and sensitive locations such as schools, daycares, residential treatment facilities, or public park attractions regularly used by minors, including playgrounds and athletic fields. There are maximum amounts allowed for the buffers. A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis business within certain distances of other uses. Terms of measurement are not provided for but should use a measuring system consistent with the rest of its ordinances. Ms. McIntosh explained residential treatment facilities are defined under Minnesota Statutes 245.462 subd. 23, and are defined as a “24-hour-a-day program under the treatment supervision of a mental health professional, in a community residential setting other than an acute care hospital or regional treatment center inpatient unit, that must be licensed as a residential treatment program for adults with mental illness under chapter 245I, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner.” Ms. McIntosh added the City can regulate cannabis stores through zoning compliance. The City would be able to review an applicant’s location for compliance with its zoning regulations during the vetting process by OCM. She pointed out the Brooklyn Center Police Department Compliance Checks must be done once per year for age verification and local ordinance requirements. Ms. McIntosh stated the local government, as part of the registration process for cannabis retailers or other cannabis/hemp businesses seeking a retail endorsement, may require payment of a registration fee or renewal fee, including an “initial registration fee” of $500 or half the amount of the applicable initial license fee, whichever is less, and a “renewal registration fee” of $1,000 or half the amount of the applicable renewal license fee, whichever is less. Similarly, a local government may refuse a registration or license renewal in situations where the license is associated with an individual or business who no longer holds a valid license, has failed to pay the local registration or renewal fee, or has been found in non-compliance with a preliminary or renewal compliance check. A local government must conduct compliance checks for cannabis and hemp businesses holding retail registrations at least once per calendar year. Ms. McIntosh asked if the Council/EDA has any concerns or questions regarding the designation of certain zoning districts for each of the 13 cannabis license types. She asked if the Council/EDA has any concerns or questions regarding the adoption of certain buffering requirements that prohibit the operation of a cannabis business within a certain distance of schools, daycares, residential treatment facilities, or from an attraction within a public park that is regularly used by minors. Ms. McIntosh added a jurisdiction such as the City of Brooklyn Center may choose to set a limit on the number of cannabis retail registrations within its boundaries. The jurisdiction may not, however, limit the number of registrations to fewer than one per 12,500 residents. If the City is in receipt of multiple applications, a jurisdiction may elect to issue. She asked if the Council/EDA is interested in imposing a limit on the number of cannabis retail locations. 11/25/24 -5- DRAFT Ms. McIntosh pointed out the questions don’t need to be answered at the present meeting, but they need to be considered moving forward. Councilmember/Commissioner Kragness noted her support of buffering requirements. Mayor/President Graves agreed with Councilmember/Commissioner Kragness. Mayor/President Graves asked what the maximum buffer is for daycares. Ms. McIntosh stated schools have a maximum of 1,000 feet, daycares have a maximum of 500 feet, residential treatment facilities have a maximum of 500 feet, and public park attractions regularly used by minors, including playgrounds and athletic fields have a maximum of 500 feet. She showed visual examples of buffering. Ms. McIntosh pointed out that the City will need to create a consistent procedure for measuring. Also, Staff will be seeking clarification on the definition of treatment facilities, group homes, sober homes, and other entities. Councilmember/Commissioner Jerzak asked if Staff has the capacity to customize a regist ration process should the Council/EDA be interested in it. He is less interested in creating barriers and more interested in an organized process. Mayor/President Graves pointed out she would like to see a combination of a first come, first served basis and merit or feasibility of the business model. Councilmember/Commissioner Kragness stated her primary concern is buffering. Mayor/President Graves stated she doesn’t want to set a limit now. She asked if the Council/EDA could limit the number of establishments in the future. City Attorney Siobhan Tolar stated the Statute only regulates a minimum. She advised Brooklyn Center to create a process and policy closest to the end goal. Councilmember/Commissioner Butler agreed there should be a number set before applications are received because they cannot deny applications without the regulation. She noted her support of buffering. Councilmember/Commissioner Jerzak asked if they are to assume all playgrounds are used by minors. Ms. Tolar stated the definition isn’t clearly defined in the Statute. However, there is a provision requiring the measurement to start at the primary attraction rather than the park perimeter. Councilmember/Commissioner Jerzak added he would like a maximum number implemented to avoid future issues. Mayor/President Graves asked if sampling is allowed per State Statute or if that would be handled per zoning districts. Ms. McIntosh stated some license types have consumption included. Brooklyn Center has a regulation for public consumption that only needs updates to reflect the new State chapter titles. The tobacco regulations include a cap of 15. Another regulation disallows smoking at tobacco stores. Staff pointed out businesses will have to consider courtesy to other 11/25/24 -6- DRAFT businesses. For example, Wing Stop complains of smelling the chemicals from the nail salon due to improper ventilation. As for cannabis, there is a difference in the consumption of edibles in comparison to smoking. Mayor/President Graves requested the Planning Commission make recommendations on maximum facility numbers. She asked for Staff to determine how many could fit in the City without overloading it. The stores can be an excellent business opportunity for residents, but she doesn’t want to expose vulnerable populations. Ms. Tolar asked if the minimum of four includes a municipal license. Mayor/President Graves stated four would likely be plenty, but she doesn’t want to limit businesses should more than four facilities be suitable in the City. Ms. McIntosh asked if the Council/EDA has input about zoning for cannabis production facilities beyond just the commercial areas. Mayor/President Graves stated her only consideration would be security. Councilmember/Commissioner Jerzak noted the State Fire Code must also be considered for cannabis facilities. ADJOURNMENT Mayor/President Graves moved and Councilmember/Commissioner Jerzak seconded adjournment of the City Council/Economic Development Authority Work Session at 9:05 p.m. Motion passed unanimously. 11/25/24 -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 NOVEMBER 25, 2024 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 8:34 p.m. ROLL CALL Mayor/President April Graves and Councilmembers/Commissioners Marquita Butler, Dan Jerzak, and Teneshia Kragness. Councilmember/Commissioner Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Zoning Administrator Ginny McIntosh, City Attorney Jason Hill, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION This item was addressed during the November 25, 2024, Study Session. ADULT-USE CANNABIS LEGISLATION Dr. Edwards introduced the item and invited Planning and Zoning Administrator Ginny McIntosh to continue the Staff presentation. He added municipal sales have been considered in the planning process. Many Departments have collaborated on the topic. Ms. McIntosh stated City Staff is requesting City Council/EDA authorize the Planning Commission to proceed with proposed amendments to the City’s Unified Development Ordinance (UDO) and provide direction with respect to amendments regarding the new Adult-Use Cannabis and Lower Potency Hemp Edibles (LPHE) legislation. An amendment to the UDO may be initiated by the Council/EDA, the Planning Commission, or the property owner. As local governments have some jurisdiction, the purpose of the amendments is to adopt new zoning standards relating to land use and buffers. Ms. McIntosh pointed out the item was brought to the Planning Commission. However, there was an issue meeting the quorum. The City Attorney instructed Staff to bring the item to the Council/EDA in Work Session. Given the impending issuance of cannabis licenses in 2025, City Staff proceeded with the submittal of a public hearing notice for amendments to Chapter 35 of the 11/25/24 -2- DRAFT City Code of Ordinances at the December 12, 2024, Planning Commission meeting. Other amendments include Chapter 11, Chapter 23, Chapter 13, and Chapter 19. Ms. McIntosh showed a timeline for the decision -making process. The planning process takes longer because the Planning Commission has separate meetings for public hearings. The first reading for Council/EDA would be January 13, 2025, and the second reading would be January 27, 2025. Due to requirements with public notices, the changes would not go into effect until March 2025. Ms. McIntosh explained that in July 2022, the Minnesota Legislature made changes to Minnesota Statute 151.72, that impacted the legal sale of products containing cannabinoids derived from hemp and allowed consumers aged 21 or older to purchase products containing THC derived from hemp. Edible cannabinoid products could not contain more than five milligrams of any tetrahydrocannabinol (THC) in a single serving, or more than a total of 50 mg of THC per package. Brooklyn Center currently has 16 businesses registered with the state for the sale of hemp-derived cannabinoids, including two municipal liquor stores and the golf course. Ms. McIntosh noted the City of Brooklyn Center authorized a study and imposed a moratorium on the establishment of new uses, or the expansion of existing uses related to the sale of THC products in 2022. Ms. McIntosh stated in 2023, the State of Minnesota passed the Adult Use Cannabis Act, legalizing the possession, use, and growth of recreational marijuana for individuals aged 21 and older. The Minnesota Office of Cannabis Management (OCM) is responsible for developing the licensing process for a total of 13 different business types and establishing rules and logistics for retail operations, dispensaries, production, wholesale, micro/mezzo businesses, and delivery services, including both cannabis and low-potency hemp edibles (LPHE). Ms. McIntosh added the City established an ordinance to prohibit the use of cannabis and hemp products in public places and amended Chapter 23 of the City Code to address the licensing and sale of edible cannabinoid products within the City was adopted. At the time, then City Attorney Jason Hill had prepared a presentation after the legalization of LPHE, outlining legislation and further steps the City would need to follow to be compliant with State Statute. There may need to be amendments throughout the process due to State-level changes. Ms. McIntosh pointed out the role of the Office of Cannabis Management (OCM) is to regulate the cannabis industry statewide and provide guidance on the standards for the State. The OCM requires all cannabis and lower potency hemp businesses to obtain a license once the State of Minnesota has established the licensing process and includes the Division of Medical Cannabis, which operates the medical cannabis program, and the Division of Social Equity, which promotes development, stability, and safety in communities that have experienced a disproportionate, negative impact from cannabis prohibition and usage. Ms. McIntosh stated January 1, 2025, has been the slated date for the issuance of State licenses. In the last couple of days, news articles have been released on the topic. The OCM was supposed 11/25/24 -3- DRAFT to have its first round of lotteries through the Division of Social Equity. However, it was delayed because two-thirds of the applicants were denied. Applicants were flooding the zone on purpose while other applicants were denied because they weren’t the true owners. Four lawsuits have been filed. It would be in the best interest of the City to work through their own regulations before the State’s licensure process is fully established. Mayor Graves pointed out she has received emails on the topic. Ms. McIntosh stated Staff has also received emails with concerns. Ms. McIntosh stated local governments may not issue outright bans on cannabis business, or limit operations in a manner beyond what is provided by a state law. With that said City Staff will be working with the City’s respective Planning Commission and City Council/EDA to identify and amend, as necessary, any City Codes to address the new provisions relating to adult-use cannabis law. Ms. McIntosh noted local governments may limit the number of retailers and microbusinesses or mezzobusinesses with retail endorsements, but in no case can there be less than one retail location per 12,500 residents. As the City of Brooklyn Center has 33,982 residents per the 2023 Minnesota State Demographer Estimates, the City would be expected to provide for at least three of these license types. Additionally, cannabis retail sales must be in standalone shops as the primary use and cannot be accessory to another use. State law requires the OCM to issue a license to a city or county seeking to operate a single municipal cannabis store. This store is not included in the minimum number of registrations required. Ms. McIntosh pointed out Brooklyn Center will be tasked with approving text amendments to Chapter 35 of the Unified Development Ordinance. The City Council /EDA will have to address licensing standards and ultimately adopt an amended ordinance if it would like to have any say in where these establishments can be located. Through land use and zoning, the City could identify with zoning districts cannabis businesses may operate within. The OCM released a Guide for Local Governments on Adult-Use Cannabis which provides some direction on where certain license types might be located in a community, and a table of “comparable districts,” as well as certain “municipal considerations,” such as potential nuisances like odors, security, transportation, on-site consumption, and fleet vehicle storage. Ms. McIntosh noted any developments with certain covenants and restrictions prohibiting the growing, delivering, transporting, distributing, or sale of cannabis would prevail unless the restrictions were amended to allow for the use. As an example, Shingle Creek Crossing has prohibitions on marijuana, whether by prescription, medical recommendation, or otherwise. It was a private condition for business owners. The measure was included in Planned Unit Development (PUD) approvals. Mayor/President Graves asked if the Council/EDA would need to take action to amend the prohibitions. Ms. McIntosh stated she would need to confer with the City Attorney. However, they will definitely need to work with the anchor store. The process is complicated. Mayor Graves stated she would like for Staff to start moving on the amendments. 11/25/24 -4- DRAFT Ms. McIntosh stated the City also has the option to establish buffer zones between cannabis businesses and sensitive locations such as schools, daycares, residential treatment facilities, or public park attractions regularly used by minors, including playgrounds and athletic fields. There are maximum amounts allowed for the buffers. A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis business within certain distances of other uses. Terms of measurement are not provided for but should use a measuring system consistent with the rest of its ordinances. Ms. McIntosh explained residential treatment facilities are defined under Minnesota Statutes 245.462 subd. 23, and are defined as a “24-hour-a-day program under the treatment supervision of a mental health professional, in a community residential setting other than an acute care hospital or regional treatment center inpatient unit, that must be licensed as a residential treatment program for adults with mental illness under chapter 245I, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner.” Ms. McIntosh added the City can regulate cannabis stores through zoning compliance. The City would be able to review an applicant’s location for compliance with its zoning regulations during the vetting process by OCM. She pointed out the Brooklyn Center Police Department Compliance Checks must be done once per year for age verification and local ordinance requirements. Ms. McIntosh stated the local government, as part of the registration process for cannabis retailers or other cannabis/hemp businesses seeking a retail endorsement, may require payment of a registration fee or renewal fee, including an “initial registration fee” of $500 or half the amount of the applicable initial license fee, whichever is less, and a “renewal registration fee” of $1,000 or half the amount of the applicable renewal license fee, whichever is less. Similarly, a local government may refuse a registration or license renewal in situations where the license is associated with an individual or business who no longer holds a valid license, has failed to pay the local registration or renewal fee, or has been found in non-compliance with a preliminary or renewal compliance check. A local government must conduct compliance checks for cannabis and hemp businesses holding retail registrations at least once per calendar year. Ms. McIntosh asked if the Council/EDA has any concerns or questions regarding the designation of certain zoning districts for each of the 13 cannabis license types. She asked if the Council/EDA has any concerns or questions regarding the adoption of certain buffering requirements that prohibit the operation of a cannabis business within a certain distance of schools, daycares, residential treatment facilities, or from an attraction within a public park that is regularly used by minors. Ms. McIntosh added a jurisdiction such as the City of Brooklyn Center may choose to set a limit on the number of cannabis retail registrations within its boundaries. The jurisdiction may not, however, limit the number of registrations to fewer than one per 12,500 residents. If the City is in receipt of multiple applications, a jurisdiction may elect to issue. She asked if the Council/EDA is interested in imposing a limit on the number of cannabis retail locations. 11/25/24 -5- DRAFT Ms. McIntosh pointed out the questions don’t need to be answered at the present meeting, but they need to be considered moving forward. Councilmember/Commissioner Kragness noted her support of buffering requirements. Mayor/President Graves agreed with Councilmember/Commissioner Kragness. Mayor/President Graves asked what the maximum buffer is for daycares. Ms. McIntosh stated schools have a maximum of 1,000 feet, daycares have a maximum of 500 feet, residential treatment facilities have a maximum of 500 feet, and public park attractions regularly used by minors, including playgrounds and athletic fields have a maximum of 500 feet. She showed visual examples of buffering. Ms. McIntosh pointed out that the City will need to create a consistent procedure for measuring. Also, Staff will be seeking clarification on the definition of treatment facilities, group homes, sober homes, and other entities. Councilmember/Commissioner Jerzak asked if Staff has the capacity to customize a regist ration process should the Council/EDA be interested in it. He is less interested in creating barriers and more interested in an organized process. Mayor/President Graves pointed out she would like to see a combination of a first come, first served basis and merit or feasibility of the business model. Councilmember/Commissioner Kragness stated her primary concern is buffering. Mayor/President Graves stated she doesn’t want to set a limit now. She asked if the Council/EDA could limit the number of establishments in the future. City Attorney Siobhan Tolar stated the Statute only regulates a minimum. She advised Brooklyn Center to create a process and policy closest to the end goal. Councilmember/Commissioner Butler agreed there should be a number set before applications are received because they cannot deny applications without the regulation. She noted her support of buffering. Councilmember/Commissioner Jerzak asked if they are to assume all playgrounds are used by minors. Ms. Tolar stated the definition isn’t clearly defined in the Statute. However, there is a provision requiring the measurement to start at the primary attraction rather than the park perimeter. Councilmember/Commissioner Jerzak added he would like a maximum number implemented to avoid future issues. Mayor/President Graves asked if sampling is allowed per State Statute or if that would be handled per zoning districts. Ms. McIntosh stated some license types have consumption included. Brooklyn Center has a regulation for public consumption that only needs updates to reflect the new State chapter titles. The tobacco regulations include a cap of 15. Another regulation disallows smoking at tobacco stores. Staff pointed out businesses will have to consider courtesy to other 11/25/24 -6- DRAFT businesses. For example, Wing Stop complains of smelling the chemicals from the nail salon due to improper ventilation. As for cannabis, there is a difference in the consumption of edibles in comparison to smoking. Mayor/President Graves requested the Planning Commission make recommendations on maximum facility numbers. She asked for Staff to determine how many could fit in the City without overloading it. The stores can be an excellent business opportunity for residents, but she doesn’t want to expose vulnerable populations. Ms. Tolar asked if the minimum of four includes a municipal license. Mayor/President Graves stated four would likely be plenty, but she doesn’t want to limit businesses should more than four facilities be suitable in the City. Ms. McIntosh asked if the Council/EDA has input about zoning for cannabis production facilities beyond just the commercial areas. Mayor/President Graves stated her only consideration would be security. Councilmember/Commissioner Jerzak noted the State Fire Code must also be considered for cannabis facilities. ADJOURNMENT Mayor/President Graves moved and Councilmember/Commissioner Jerzak seconded adjournment of the City Council/Economic Development Authority Work Session at 9:05 p.m. Motion passed unanimously. C ouncil R egular M eeng DAT E:12/9/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :Barb S uciu, A ssistant City Manager/C ity C lerk 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 City O rdinance governing res pec6ve licenses , submi7ed appropriate applica6ons, and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the City Code of O rdinances, unless comments are noted below the property address on the a7ached rental report. M echanical Midwes t Maintenance & Mech. 750 Pennsylvania Ave S , G olden Valley 55426 4front Energy 3230 G orham Ave S te 1, S t. Louis Park 55426 O n-S ale I ntoxicang D os H ermanos I I 1400 S hingle Creek C rossing Embas s y S uites 6300 Earle Brow n D r. O n-S ale S unday D os H ermanos I I 1400 S hingle Creek C rossing Embas s y S uites 6300 Earle Brow n D r. O ff-S ale 3.2 M alt L iquor P ump & M unch 1505 69th Ave N Tobacco H oliday S ta6onstore #2099 6890 S hingle Creek P kwy Sun Foods, I nc. 6350 Brooklyn Blvd Quick Shop 5808 Xerxes Ave N Van's Automo6ve 6840 H umboldt Ave N P ump & M unch 1505 69th Ave N Walgreens 6390 Brooklyn Blvd Gasoline S ervice S taon Brooklyn B P 6044 Brooklyn Blvd Brooklyn Center Municipal G arage 6844 S hingle Creek P kwy P ump & M unch 1505 69th Ave N B udget I ssues: - None I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None AT TA C H M E N TS : D escrip6on U pload D ate Type Rental C riteria 6/20/2023 Backup M aterial Rentals 12/3/2024 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 5712 Logan Ave N Single Family Renewal Ali Mir 6 Type IV 7/31/2024 Shooting Type IV Type IV 2 1507 Humboldt Pl N Single Family Renewal Kyan (Jimmy) Hui 0 Type I 0 Type I Type IV 0 6331 Beard Ave N Multiple Family Initial 6401 Beard LLC 40/36Units= 1.11 Type II 0 Type II Not applicable 0 4201 Lakeside Ave N #113 Single Family Initial Meoldy Hanna 2 Type II 0 Type II Not applicable 0 5818 Emerson Ave N Single Family Initial Quality Residences/danmark Properties, Llc 13 Type IV 0 Type IV Not applicable 0 2118 Ericon Dr Single Family Renewal Marco Panora 27 Type IV 0 Type IV Type IV 3 3501 47th Ave N Multiple Family Renewal 6939 Baird Llc 17/11=1.54 Type IV 0 Type IV Type IV 2 7013 Fremont Ave N Single Family Renewal Ih2 Property Illinois Lp 11 Type IV 0 Type IV Type III 0 5535 Colfax Ave N Single Family Renewal Christopher Nicholls 5 Type II 0 Type II Type II 0 7211 Camden Ave N Single Family Initial YUNUS KATUNDU/JASMINE BLAIR 2 Type II 0 Type II Not applicable 0 1100 69th Ave N Multiple Family Renewal TYLER NASH 7/7=1 Type II 0 Type II Type III 0 5411 72nd Cir Single Family Renewal Maya Ly 4 Type II 0 Type II Type I 0 4900 Zenith Ave N Single Family Renewal Ih2 Property Illinois Lp 11 Type II 0 Type IV Type I 0 1113 73rd Ave N Single Family Renewal Mary Carroll 0 Type I 0 Type I Type I 0 5001 Ewing Ave N Multiple Family Renewal Bartholomew F Dabrowski 2/3=.667 Type I 0 Type I Type I 0 3000 62nd Ave N Single Family Renewal Daniel L & Susan C Soffa Trs 0 Type I 0 Type I Type I 0 7131 Indiana Ave N Single Family Renewal Jeremy Paskewich 22 Type IV 0 Type IV Type I 0 6710 Orchard La Multiple Family Renewal Marvin Gardens Townhomes Lp 183/52=3.51 Type IV 0 Type IV Tpe IV 2 Rental Licenses for Council Approval 12.9 1900 Brookview Dr Single Family Renewal Ih3 Property Minnesota Lp 9 Type IV 0 Type IV Type IV 3 6740 Grimes Pl Multiple Family Renewal Victoria Townhouses 1 309/48=6.43 Type IV 0 Type IV Type II 1 5260 Twin Lake Blvd E Single Family Renewal HERON VERDE LLC 11 Type IV 0 Type IV Type III 0 5713 Humboldt Ave N Single Family Renewal Janice Biorn 2 Type I 0 Type I Type IV 1 *CFS = Calls for service for renewal licenses only (Initial licenses are not applicable to CFS and will be listed as N/A) **License type being issued ***Initial licenses will not show a Type I = 3 year, Type II = 2 year, Type III = 1 year, Type IV = 6 months All properties are current on City utilities and property taxes C ouncil R egular M eeng DAT E:12/9/2024 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:A hmed O mer, P.E., City Engineer S U B J E C T:Res olu2on A pproving Change O rder Nos . 1-4, A ccep2ng Work Performed and A uthorizing F inal Payment, P roject No. 2024-07, Li: S ta2on No. 5 Rehabilita2on P roject Requested Council A con: - M oon to approve a resoluon A pproving C hange Order Nos. 1 - 4 and A ccepng Work Performed and A uthorizing F inal Pay ment, I mprovement P roject No. 2024-07, L i+ S taon 5 Rehabilitaon P roject. B ackground: O n A pril 8, 2024, the City Council awarded P roject No. 2024-07 to Pember Companies , I nc. for the rehabilita2on of L i: S ta2on 5. Pember C ompanies, I nc. has succes s fully completed the cons truc2on work and is reques 2ng final payment for the project. B udget I ssues: The original contract amount w ith Pember Companies , I nc. for the li: s ta2 on r ehabilita2 on w as $281,170.00. T he total value of w ork cer2fied for final payment including C hange O rder N os . 1-4 is $293,960.00. The total project cos t including con2ngencies/adminis tra2on/engineering /legal is $348,375.17 and was completed 1.9 percent under budget in the amount of $6,7 2 4 .83. The aCached res olu2on provides a summary of the final amended cos ts and funding s ources for the project. I nclusive C ommunity Engagement: N/A A nracist/Equity Policy Effect: N/A S trategic Priories and Values: Maintain and enhance public places, P rovide quality s ervices w ith fair and equitable treatment AT TA C H M E N TS : D escrip2on U pload D ate Type Res olu2on 12/2/2024 Resolu2on LeCer Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING CHANGE ORDER NOS. 1 - 4, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2024-07, LIFT STATION 5 REHABILITATION PROJECT WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Pember Companies, Inc. of Menomonie, Wisconsin has completed Improvement Project No. 2024-07, Lift Station 5 Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. Final payment shall be made on Improvement Project Nos. 2024-07, Lift Station 5 Rehabilitation, taking the contractor’s receipt in full. The total amount to be paid for said improvements under said contract shall be $293,960.00. 2. The estimated project costs and revenues are hereby amended as follows: COSTS Per Low Bid As Final Construction Cost $ 281,170.00 $ 281,170.00 Change Order Nos. 1-4 $ -0- $ 12,790.00 Engineering and Administrative $ 53,930.00 $ 54,415.17 Contingency $ 20,000.00 $ -0- TOTAL $ 355,100.00 $ 348,375.17 REVENUES Per Low Bid As Final Sanitary Sewer Utility $ 355,100.00 $ 348,375.17 December 12, 2024 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:12/9/2024 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:A ngela H olm, D irector of F iscal & S upport S ervices S U B J E C T:Res olu0on S e1ng Employer Benefits Contribu0on for F ull-Time Non-U nion Employees for 2025, 2026, and 2027 Requested Council A con: - Moon to approve Resoluon S eng Employ er Benefits C ontribuon for Full-Time Non-Union Employees for 2025, 2026, and 2027 B ackground: B udget I ssues: I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: Maintain a s trong financial pos i0on, P rovide quality s ervices w ith fair and equitable treatment, I mprove employees’ experience AT TA C H M E N TS : D escrip0on U pload D ate Type 2025 C afeteria P lan Res olu0on 12/4/2024 Backup M aterial Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES FOR 2025, 2026 AND 2027 WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that the City’s contribution for 2025, 2026, and 2027 will increase by 5% each year respectively; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City’s contribution for regular, full-time non-union City employees for the calendar year 2025 shall be set at $1,572.00, 2026 shall be set at $1,651.00, and 2027 shall be set at $1,733.00 per month including the cost of $10,000 in life insurance coverage. December 9, 2024 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:12/9/2024 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:C ity C ouncil S U B J E C T:Res olu+on A dop+ng a City Council C ode of C onduct and Ethics Requested Council A con: - Moon to approve the Resoluon A dopng a C ity C ouncil C ode of C onduct and Ethics B ackground: The C ity C ouncil dis cus s ed at its s tudy ses s ions throughout 2024 the issue of adop+ng a City Council C ode of Conduct and Ethics to be0er addres s Council interac+ons and behavior between C ouncil Members, the P ublic, and the Media. The C ity C ouncil previously adopted the C ity C ouncil C ode of Policies (“C ode of Policies”) to address various items related to how the C ity C ouncil conducts its business. T he C ode of C onduct and E thics will be incorporated into the C ity C ouncil C ode of Policies as Sec+on I I and will include in-depth guidance for the C ity C ouncil regarding behavior in and outside of C ouncil Mee+ngs, E thics, and provides accountability measures for C ouncil Members. T he C ity C ouncil determines it is in the C ity ’s best interests to amend the C ode of Policies to include the C ity C ouncil C ode of C onduct and E thics to provide addi+onal context and guidance on how the C ity C ouncil can best exemplify the values of the C ity and model respec<ul interac+ons in the face of disagreement and discord. T he C ouncil C ode of C onduct will serve as a posi+ve tool to maintain camaraderie, collabora+on, and to assist the C ity C ouncil in execu+ng the business of the C ity. A0ached are: 1. Resolu+on adop+ng C ity C ouncil Code of Conduct and Ethics 2. F inal P D F Vers ion of Code of Conduct and Ethics B udget I ssues: I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: I mprove community and employee s afety, P rovide quality services with fair and equitable treatment, S trengthen community and employee engagement in key decisions, I mprove employees ’ experience AT TA C H M E N TS : D escrip+on U pload D ate Type Res olu+on 12/5/2024 Cover Memo F inal P D F Version of C ode of C onduct and Ethics 12/5/2024 Cover Memo BR291-4-993235.v1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-___ RESOLUTION ADOPTING A CITY COUNCIL CODE OF CONDUCT AND ETHICS WHEREAS, the City Council discussed at its study sessions throughout 2024 the issue of adopting a City Council Code of Conduct and Ethics to better address Council interactions and behavior between Council Members, the Public, and the Media; and WHEREAS, the City Council previously adopted the City Council Code of Policies (“Code of Policies”) to address various items related to how the City Council conducts its business; and WHEREAS, the Code of Conduct and Ethics will be incorporated into the City Council Code of Policies as Section II and will include in-depth guidance for the City Council regarding behavior in and outside of Council Meetings, Ethics, and provides accountability measures for Council Members; and WHEREAS, the City Council determines it is in the City’s best interests to amend the Code of Policies to include the City Council Code of Conduct and Ethics to provide additional context and guidance on how the City Council can best exemplify the values of the City and model respectful interactions in the face of disagreement and discord; and WHEREAS, the Council Code of Conduct will serve as a positive tool to maintain camaraderie, collaboration, and to assist the City Council in executing the business of the City; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center as follows: 1. The City Council Code of Conduct and Ethics is hereby adopted in its substantial form, subject to future amendments as directed by Council. 2. The Code of Policies is hereby amended by adding the City Council Code of Conduct, attached as Exhibit A, which is incorporated in and made part of this Resolution. 3. The City Manager (or designee) is authorized and directed to insert the new Section II into the Code of Policies, including updating the table of contents, and said updated document shall constitute the official Code of Policies. 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. EXHIBIT A 1 BR291-4-982190.v5 TABLE OF CONTENTS SECTION II: CITY COUNCIL CODE OF CONDUCT AND ETHICS A. Council Conduct with One Another 1. In Public Mee�ngs 2. In Private Encounters B. Council Conduct with City Staff C. Council Conduct with the Public 1. In Public Mee�ngs 2. In Unofficial Se�ngs D. Council Conduct with the Media E. Council Conduct with Other Public Agencies F. Council Conduct with Boards and Commissions G. Accountability Measures 1. Types of Accountability Measures (a) Admoni�on (b) Reprimand (c) Censure 2. Conduct 3. Conduct Viola�ons During a Council Mee�ng 4. Repor�ng a Poten�al Viola�on 5. Alterna�ve Repor�ng 6. Inves�ga�on Procedure (a) Triage (b) Fact Finding (c) Possible Outcomes (d) No�ce and Hearing H. Ethics 1. Open Mee�ng Law 2. Gi� Law (Exis�ng in 2.95 (1)) 3. Conflict of Interest (Exis�ng in 2.95 (2)) 2 SECTION II. CITY COUNCIL CODE OF CONDUCT AND ETHICS A. Council Conduct with One Another Councils are composed of individuals with a wide variety of backgrounds, personali�es, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on conten�ous issues. 1. In Public Mee�ngs (a) Council Member Interac�on. Council Members should seek to prac�ce civility, professionalism and decorum in discussions and debate. Difficult ques�ons, tough challenges to a par�cular point of view, and cri�cism of ideas and informa�on are legi�mate elements of a free democracy in ac�on. Council Members can promote camaraderie and collabora�on by refraining from making belligerent, personal, imper�nent, slanderous, threatening, abusive, or disparaging comments. Shou�ng or physical ac�ons that could be construed as threatening will not be tolerated. Council Members should make every effort to conduct themselves in a professional manner at all �mes, including listening ac�vely during Council mee�ngs. (b) Deference to Order. Council Members should honor the role of the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem in maintaining order by deferring to their direc�on and guidance. It is the responsibility of the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem to keep the comments of Council Members on track during public mee�ngs. Council Members should honor efforts by the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem’s ac�ons, those objec�ons should be voiced politely and with reason, following procedures outlined in parliamentary procedure. (c) Se�ng a Posi�ve Example. One prominent goal of every council mee�ng should be to demonstrate a posi�ve example of decorum and respect for cons�tuents. To accomplish that goal, Council Members should avoid comments that personally atack other Council Members. If a Council Member is personally atacked by the comments of another Council Member, the offended Council Member should make notes of the actual words used and may call for a "point of order" to challenge the other Council Member to jus�fy or apologize for the language used. The Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem will maintain control of this discussion. (d) Collabora�ve Problem Solving. Another goal of the council mee�ng should be to demonstrate effec�ve problem-solving approaches. Council Members have a responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. (e) Timeliness. To ensure smooth and �mely execu�on of each council mee�ng, Council Members should make best efforts to be punctual and keep comments rela�ve to topics discussed. Every Council Member has made a commitment to atend mee�ngs and par�cipate in discussions. Therefore, it is important 3 that Council Members be punctual and that mee�ngs start on �me. It is equally important that discussions on issues be rela�ve to the topic at hand to allow adequate �me to fully discuss scheduled issues. (f) Endorsement of Candidates. Council Members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to men�on endorsements during Council mee�ngs or other official City mee�ngs or func�ons. (g) Council Decisions. Once a majority decision of the governing body has been made, Council Members should endeavor to “speak with one voice,” respect the official posi�on of the Council, and defend it if needed. 2. In Private Encounters (a) Respec�ul Workplace Values. Council Members should con�nue to model respec�ul behavior in private. The same level of respect and considera�on of differing points of view that is deemed appropriate for public discussions should be maintained in private conversa�ons. (b) Data Prac�ces. Council Members should remember at all �mes that writen notes, voicemail messages, social media and email may be public informa�on. Technology allows words writen or said without much forethought to be distributed wide and far. Consider how you, your family and/or friends would feel if this voicemail message was played on a speaker phone in a full office? Or broadcast on the nightly news. What could the consequences be if this email message was forwarded to others? Writen notes, social media pos�ngs, voicemail messages and email should be treated as poten�ally “public” communica�on. (c) Public-Private Considera�ons. Even private conversa�ons can have a public presence. Elected officials are always on display – their ac�ons, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversa�ons will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and a�er public mee�ngs noted. (d) Personal Comments. Council Members should refrain from making personal comments about other Council Members. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Council Members, their opinions and ac�ons. B. Council Conduct with City Staff The rela�onship between Council Members and administra�ve personnel is dependent on the par�cular form of government. Governance of the City is a coopera�ve effort, including elected officials, who set policy, and City staff, who implement and administer the Council’s policies. Therefore, every effort should be made to be coopera�ve and show mutual respect for the contribu�ons made by each individual for the good of the community. Council Members should be careful to restrict that rela�onship to the defined channels. Unofficial Council interference in administra�ve affairs can disrupt business, weaken employee morale, and create antagonis�c rela�onships between administrators and Council Members. 4 Council Members should not atempt to exert any influence over the hiring and firing of administra�ve personnel, except for those people whose appointment they are responsible, namely the City Manager, City Atorney, and City Prosecutor. Federal, State, and local laws have made personnel administra�on a very complex affair, with mishandlings cos�ng public employers hundreds of thousands of dollars in li�ga�on, claims, and damages. The City of Brooklyn Center has a very strong commitment to providing its employees with a fair, accountable, and uniform system of personnel administra�on including procedures to address employee grievances. 1. Respec�ul Workplace Values. Council Members should treat all staff as professionals. Council Members should engage in clear, honest communica�on that respects the abili�es, experience, exper�se, and dignity of each individual. Bera�ng, personal, imper�nent, slanderous, threatening, abusive, or disparaging comments toward staff are not acceptable and are automa�c grounds for a code of conduct viola�on. 2. Limited City Staff Contact. Pursuant to Brooklyn Center Charter Sec�on 6.02, Council Members should limit contact with City staff. Ques�ons of City staff and/or requests for addi�onal background informa�on should be directed to the City Manager or City Atorney. The City Manager should be copied on or informed of any request. Except in extraordinary circumstances, Council Members should avoid disrup�ng City staff while they are in mee�ngs, on the phone, or engrossed in performing their job func�ons. 3. Council Direc�on to staff. In accordance with Charter Sec�on 2.09, individual Council Members cannot give direc�on to City staff either publicly or privately. The Council as a body may provide staff direc�on on maters that come before the Council. 4. Follow-up Requests or Direc�ves. Requests for follow-up or direc�ons to staff should be made only through the City Manager or the City Atorney when appropriate. When in doubt about what staff contact is appropriate, Council Members should consult with the City Manager. Addi�onally, requests for addi�onal staff support – even in high priority or emergency situa�ons – should be made to the City Manager who will work to allocate city resources. Materials supplied to a Council Member in response to a request for informa�on of interest to all Council Members will be made available to the en�re Council so that all have equal access to the informa�on. Limit requests for staff support. (see Brooklyn Center City Chater Sec�on 2.09). 5. Staff Cri�cism. Council Members should not publicly cri�cize an individual employee. Council should not express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversa�on. 6. City Administra�ve Func�ons. Pursuant to Sec�on 6.02 of the City Charter, the administra�ve func�ons of the City are the responsibility of the City Manager. To avoid the appearance of bias or to avoid viola�ng the ethics code, Council Members should not atempt to influence City staff on the making of employment or personnel decisions, the awarding of contracts, the selec�ng of consultants, the processing of development applica�ons, or the gran�ng of City licenses and permits. 5 7. City Staff Mee�ngs. If City Council Members desire to atend a staff mee�ng, consult with the City Manager. Council Member atendance at mee�ngs could imply support, show par�ality, in�midate staff, and could impede staff’s ability to do their job objec�vely/effec�vely. 8. Poli�cal Solicita�on. Council Members should not solicit any type of poli�cal support (financial contribu�ons, display of posters or lawn signs, name on support list, etc.) from City staff. 9. Council, EDA and Commission agendas. Staff’s responsibility is to provide Council Members the informa�on needed for informed decision making. Every effort should be made to ask staff ques�ons regarding Council, EDA and commission agendas before the mee�ng. 10. Personal Comments. Council Members should refrain from speaking ill of other Council Members to staff. This puts staff in an uncomfortable and compromising posi�on because staff have the responsibility to treat all Council Members equally and with respect. 11. Poli�cal Gamesmanship. Council Members should avoid pu�ng colleagues in awkward or disadvantageous posi�ons in an effort to capitalize on another colleagues’ vulnerability or to embarrass them publicly for poli�cal gain. And Council Members should make every atempt to submit ques�ons or concerns prior to formal mee�ngs to surprising Council Members or staff at said mee�ngs. C. Council Conduct with the Public 1. In Public Mee�ngs (a) Create a Welcoming Environment. Making the public feel welcome is an important part of the democra�c process. No signs of par�ality, prejudice or disrespect should be evident on the part of individual Council Members toward an individual par�cipa�ng in a public forum. Every effort should be made to be fair and impar�al in listening to public tes�mony. (b) Speaking Time. Council as a body should be fair and equitable in alloca�ng public hearing �me to individual speakers. Pursuant to Council Procedure, the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem will determine and announce limits on speakers at the start of the public hearing process and ensuring those with Brooklyn Center addresses have an opportunity to speak. Generally, each speaker will be allocated two minutes to speak. Applicants or their designated representa�ves may be allowed more �me. If many speakers are an�cipated, the Mayor, Mayor Pro Tem , or Ac�ng Mayor Pro Tem may shorten the �me limit and/or ask speakers to limit themselves to new informa�on and points of view not already covered by previous speakers. (c) Public Hearing Speakers. No speaker will be turned away unless the speaker exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Council requests addi�onal clarifica�on later in the process. A�er the close of the public hearing, no more public tes�mony will be accepted unless agreed upon by the Council. 6 (d) Avoid Public Debate. Council Members should avoid debate and argument with the public. Only the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem – not individual Council Members – can interrupt a speaker during a presenta�on. However, a Council Member can ask the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem for a point of order if the speaker is off the topic or exhibi�ng behavior or language the Council Member finds disturbing. Council Members may request that the Mayor, Mayor Pro Tem, or Ac�ng Mayor seek clarifica�on from the speaker. (e) Mayor to Focus Discussion. If speakers become flustered or defensive by Council ques�ons, it is the responsibility of the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem to calm and focus the speaker and to maintain the order and decorum of the mee�ng. Ques�ons by Council Members to members of the public tes�fying should seek to clarify or expand informa�on. It is never appropriate to belligerently challenge or belitle the speaker. Council Members’ personal opinions or inclina�ons about upcoming votes should not be revealed un�l a�er the public hearing is closed. (f) Avoid Personal Atacks. Council Members should not personally atack, under any circumstance, a member of the Public. Council Members should be aware that their body language and tone of voice, as well as the words they use, can appear to be in�mida�ng or aggressive. (g) Parliamentary Procedure. Council Members should follow parliamentary procedure (outlined in the Council Procedure) in conduc�ng public mee�ngs. The City Atorney serves as advisory parliamentarian for the City and is available to answer ques�ons or interpret situa�ons according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem subject to the appeal of the full Council. 2. In Unofficial Se�ngs (a) No Promises. Council Members should refrain from making promises on behalf of the Council. Council Members may be asked to explain a Council ac�on or to give their opinion about an issue as they meet and talk with cons�tuents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further informa�on. It is inappropriate to overtly or implicitly promise Council ac�on, or to promise City staff will do something specific (fix a pothole, plow a specific street, plant new flowers in the median, etc.). (b) Personal Comments. Council Members should refrain from making personal comments about other Council Members to cons�tuents. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Council Members, their opinions and ac�ons. (c) Public-Private Considera�ons. Council Members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper conduct in the City of Brooklyn Center. Honesty and respect for the dignity of each individual should be reflected in every word, communica�on, (whether in social media or otherwise), and ac�on taken by Council Members, 24 hours a day, seven days a week. It is a serious and con�nuous responsibility. 7 D. Council Conduct with the Media Council Members may be contacted by the media for background and quotes. 1. Official Spokesperson. The Mayor is the official spokesperson for the representa�ve on City posi�on. The Mayor is the designated representa�ve of the Council to present and speak on the official City posi�on. If an individual Council Member is contacted by the media, the Council Member should be clear about whether their comments represent the official City posi�on or a personal viewpoint. 2. When Speaking to the Media. Council Members should choose words carefully and cau�ously. Comments taken out of context can cause problems. Be especially cau�ous about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. 3. Best Advice. The best advice for dealing with the media is to never go "off the record." E. Council Conduct with Other Public Agencies Council Members should be as clear as possible when represen�ng City or personal interests. If a Council Member appears before another governmental agency or organiza�on to give a statement on an issue, the Council Member must clearly state: 1. If his or her statement reflects personal opinion or is the official stance of the City; 2. Whether this is the majority or minority opinion of the Council. Even if the Council Member represents his or her own personal opinions, remember that this s�ll may reflect upon the City as an organiza�on. If the Council Member is represen�ng the City, the Council Member must support and advocate the official City posi�on on an issue, not a personal viewpoint. F. Council Conduct with Boards and Commissions The City has established several Boards and Commissions as a means of gathering more community input. The Council appoints members to all commitees, boards, and commissions which serve in a purely advisory role to the Council. These commissions/commitees/boards are as follows: • Cultural and Public Arts Commission, • Financial Commission, • Housing Commission, • Park and Recrea�on Commission, • Sister Ci�es Commission, and • Planning Commission. The Council also appoints representa�ves to Visit Minneapolis Northwest Tourism, Watershed Commissions, and Northwest Suburbs Cable Communica�ons Commission. 8 The Charter Commission is a statutory commission appointed by the Chief Judge of the District Court. The terms of Commission members are staggered for two or three years with appointments ending on December 31 of each year. Residents who serve on Boards and Commissions are a valuable resource to the City’s leadership and should be treated with apprecia�on and respect. 1. Council Liaison. If atending a Board or Commission mee�ng in the role as liaison. “Liaison” means non- vo�ng member of a commission who shall speak on behalf of the Council (or staff) as a whole, not as an individual, thus providing a communica�on link between the commission and Council (or staff). 2. Limited Contact. Council Members should endeavor to limit contact with Board and Commission Members. It is inappropriate for a Council Member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer. Council Members may contact members of the Commission and staff liaison in order to clarify a posi�on taken by the Board or Commission. 3. Commission Service. Council Members should keep in mind that Boards and Commissions serve the community, not individual Council Members. The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow the policy established by the Council. But Board and Commission members do not report to individual Council Members. Council Members should not threaten to remove Board and Commission members if the par�es disagree about an issue. 4. Respect Diverse Opinions. Council Members should be respec�ul of diverse opinions. The primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspec�ves. Council Members should be fair and respec�ul of all residents serving on Boards and Commissions. G. Accountability Measures 1. Types of Accountability Measures A poten�al ac�on for failing to comply with this code of conduct may include the following measures: (a) Admoni�on. An admoni�on shall be verbal and made by the Mayor to the Council Member. (b) Reprimand. A reprimand shall be administered to the Council Member by leter. The leter shall be approved by the City Council and shall be signed by the Mayor, or by the Mayor Pro Tem or Ac�ng Mayor Pro Tem if the Mayor posi�on is vacant, or if the mater involves the Mayor. (c) Censure. A censure shall be administered pursuant to a formal resolu�on adopted by the Council. 9 2. Conduct (a) City Council Members who violate the code of this conduct are subject to admoni�on, reprimand, or censure. Any viola�ons that poten�ally cons�tute criminal conduct shall be handled by the criminal jus�ce system. (b) Factors that will be considered in determining the appropriate consequence include but are not limited to the following: seriousness of the viola�on and number of preceding viola�ons. 3. Conduct During Mee�ngs (a) For inappropriate statements or conduct by Council Members occurring during a Council mee�ng, a verbal correc�on by the Mayor (or Mayor Pro Tem or ac�ng Mayor Pro Tem) will normally be the first step to address the mater, either during or outside of the Council mee�ng. (b) Further incidents may be addressed by subsequent verbal correc�ons accompanied by use of the gavel. Repeated incidents can give rise to the Mayor not recognizing the offending Council Member to speak. A Council Member can request that the Mayor take any of these ac�ons against an offending Council Member if the Mayor has not done so on her/his own. 4. Repor�ng a Poten�al Viola�on (a) A member of the Brooklyn Center City Council may report a poten�al Code of Conduct viola�on by a member of the City Council by bringing the mater to the aten�on of the official of their choice, Mayor, City Manager, or City Atorney. (b) A Brooklyn Center staff member may report a poten�al code of conduct viola�on by a member of the City Council by bringing the mater to the aten�on of the City Manager or Human Resources Manager. (c) If the poten�al viola�on involves the Mayor, it should be brought to the aten�on of the Mayor Pro Tem , City Manager or City Atorney. (d) A community member may report poten�al code of conduct viola�ons by a member of the City Council to the Mayor, City Manager or any member of the City Council. 5. Alterna�ve Repor�ng If the Mayor, Mayor Pro Tem, or Ac�ng Mayor Pro Tem are unable to be involved in reviewing the code of conduct complaint for any reason, the mater will be reviewed by the next most senior member of the Council that is not involved in the complaint. 10 6. Inves�ga�on Procedure (a) Triage. The Mayor and City Manager will gather ini�al informa�on, consult with the City Atorney if necessary and decide how to move forward. (b) Fact Finding. If necessary, the mater will be referred to the criminal jus�ce system. The Mayor and City Manager will determine whether to pursue independent fact-finding or internal fact-finding. (c) Possible Outcomes. As is referenced above, (i) a verbal admoni�on may be given to the Council Member by the Mayor, (ii) a reprimand may be administered to the Council Member by a leter approved by the Council, or (iii) a censure may be administered pursuant to a formal resolu�on adopted by the Council. (d) No�ce and Hearing. A�er vo�ng to issue a reprimand or censure, the City Council will provide writen no�ce to the Council Member at least fourteen (14) days prior to the Council’s formal ac�on upon the reprimand or censure. The no�ce may be served by mail and shall specify the grounds for the reprimand or censure and state the date the Council will take ac�on upon the reprimand or censure. At any �me prior to the Council’s formal ac�on, the Council Member may, in wri�ng, request a hearing before the City Council, which shall be held at the next regular City Council mee�ng. A�er the hearing, the City Council shall decide whether or not to proceed with the reprimand or censure. H. Ethics 1. Open Mee�ng Law (a) State law requires that, with certain excep�ons, mee�ngs of the City Council be open to the public. A mee�ng is a gathering of a majority of City Council Members at which City business is discussed. It is not necessary that ac�on be taken for a gathering to cons�tute a “mee�ng.” (b) A mee�ng does not include chance, social gatherings as long as public business is not discussed. (c) A majority of Council Members should not communicate with each other by phone, email, in-person, or otherwise, to discuss City business. (d) Use of social media does not violate the open mee�ng law as long as social media use is accessible to all Members of the public. See Minnesota Statutes, Chapter 13D, for further informa�on regarding the Open Mee�ng Law. 2. Gi� Law A City Council Member cannot accept a gi� from someone who has an interest in any mater involving the City. A “gi�” includes money, property, a service, a loan, forgiveness of a loan, or a promise of future employment. A “gi�” does not include: • Campaign contribu�ons; • items cos�ng less than $5; • items given to members of a group; the majority of whose members are not local officials; • gi�s given by family members; or 11 • food or beverages given at a recep�on, meal or mee�ng at which a Council Member is making a speech or answering ques�ons as part of a program See Minnesota Statutes, Sec�on 471.895 and City Charter, Sec�on 14.04(A) for further informa�on regarding the Gi� Law. 3. Conflict of interest (a) City Council Members cannot have a personal financial interest in a sale, lease, or contract with the City. (b) City Council Members cannot par�cipate in maters in which the Council Member’s own personal interest, financial or otherwise, is so dis�nct from the public interest that the (c) Council Member cannot be expected to fairly represent the public’s interest when vo�ng on the mater. C ouncil R egular M eeng DAT E:12/9/2024 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:D r. Reggie Edwards, City Manger S U B J E C T:2025 Brooklyn C enter L egis la.ve P riori.es Requested Council A con: - A pproval of the 2025 Brookly n C enter Legislave P riories B ackground: On J anuary 14, 2025, the M innesota Legislature will start the 2025 Legislave session, w hich w ill end by May 19, 2025. Each y ear the C ity develops and adopts a legislave agenda for purposes of advocang at the state and federal on issues that impact Brookly n C enter. Last year the C ity developed an ongoing process including; developing, execung, monitoring, advocang and fostering legislave acon. I n preparaon for a discussion regarding development and execuon of the Brooklyn C enter 2025 Legislave A genda the following documents are a.ached: 2025 Legislave S chedule 2025 Legislave P riories - The C ity C ouncil has discussed the legislave schedule and priories over the past three council meengs. S taff seeks the C ouncil's final approval of the 2025 L egislave P riories. B udget I ssues: I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: Maintain a s trong financial pos i.on, I mprove community and employee s afety, P rovide quality services with fair and equitable treatment, Be an effec.ve partner with other public en..es, S trengthen and divers ify bus iness development and housing AT TA C H M E N TS : D escrip.on U pload D ate Type 2025 L egis la.ve P riori.es 11/7/2024 Cover Memo L egis la.ve S chedule 11/7/2024 Cover Memo Page 1 of 13 November 2024 City of Brooklyn Center 2025 Legislative Agenda Page 2 of 13 Overview The City of Brooklyn Center works together with its partners to support proposals for new legislation in Minnesota designed to strengthen the community. The following list of legislative priorities and positions, along with those prepare by the Brooklyn Center Economic Development Authority (EDA), constitute Brooklyn Center's legislative agenda for the 2024 legislative session. Diversity, Equity and Inclusion The City of Brooklyn Center, with our rich racial, ethnic and demographic diversity is committed to supporting local, state and federal policies and investments that advance the goals of eliminating racial and economic disparities in areas such as housing, employment, transportation, health care, safety, etc., and works towards a more inclusive economy. Many of the detailed advocated for in this document strive to achieve these goals. Page 3 of 13 Administration • BCLG 01-2025 Official Notifications / Information Access – The City of Brooklyn Center supports the state in eliminating outdated and unnecessary publication requirements no longer relevant or representative of the City's technological capabilities. Justification – Currently, the state has laws mandating the City to establish an "official" or "qualified" newspaper for formal city notifications. The law specifies that cities designate only "one" newspaper; it must be printed in English, and if it is a daily newspaper, it must be distributed at least five days each week, etc. While the notification standards established in 1949 were well intended, they may not be complete or applicable to contemporary methods of communication or cost-efficient. • BCLG 02-2025 Funding for Cultural Centers/Museums and Other Community Building Assets- the City of Brooklyn Center encourages the Legislature to provide funding and provide new rules that will support the establishment of Cultural Museum/Centers that reflect the unique traditions and values provided by immigrants, new Americans and diverse communities; thereby enriching the lives of all Minnesotans. Justification – As one of the most ethnically and culturally diverse communities in the State of Minnesota, we believe that this strength should be valued and shared. Various cultural organizations and groups would love the opportunity to collaborate with the government, non-profits, and others to share the benefits of their culture. We believe the state can play an extremely valuable role by providing funding to build capacity and facilitate opportunities for these groups to add to the culture of Minnesota in a lasting and meaningful way. We believe existing grant programs should be modified or new funding should be approved to encourage Cultural Centers, Museums, and Arts to support the goal of cultural inclusion and diversity in the state. Business and Economic Development • BCLG 9-2025 Small Business Development – The city supports city and non-profit partnerships in developing small business centers, incubators, and other affordable commercial opportunities for small and BIPOC owned businesses. Agency’s such as African Career Education and Resources and CAPI USA provide support for small businesses and are critical in Brooklyn Center’s business community. • BCLG 10-2025 Business Tenant Protection – The city supports the state in creating more protection for tenants within commercial properties, with a focus on small lower-income businesses who are at greater risk of displacement. The City of Brooklyn Center has received more recent feedback relating to commercial tenants with challenging lease situation. • BCLG 11-2025 Youth Tax Credit – The City of Brooklyn Center supports efforts by the state to create an internship-to-work tax credit for organizations hosting young workers in Brooklyn Center. This type of tax credit program exists now but is targeted at Greater Minnesota. Page 4 of 13 Justification – One of the City's strategic priorities is "Resident Economic Stability". This program would provide an incentive for businesses to participate in the BrookLynk Program of the Brooklyn Bridge Alliance. • BCLG 12-2025 Workforce Readiness – The City of Brooklyn Center supports efforts of the state to fund fully the Minnesota Job Skills Partnership and other workforce training programs. The City also supports the state in providing flexible funding to local workforce councils and pursuing creative programming and funding. Finally, the City supports efforts to design and implement programs designed to address youth employment and workforce readiness. Justification – One of the City's strategic priorities is "Resident Economic Stability". This program would provide an incentive for businesses to participate in the BrookLynk Program of the Brooklyn Bridge Alliance. This effort would also, support the City's strategic priority of "Resident Economic Stability". BCLG 13-2025 TIF District Flexibility - The City of Brooklyn Center generally supports efforts of the State to increase the flexibility of TIF to facilitate redevelopment and housing activities and supports creating special legislation that will allow for creation of two or more redevelopment TIF districts within the Opportunity Site. Justification - In the Opportunity Site Redevelopment Area, The City has made significant investment in the acquisition and demolition of properties to achieve redevelopment goals laid out in the Master Plan. Market forces are also leading to significant delays in development of the property. Both factors a diminishing the effectiveness of TIF within the Opportunity Site. The City proposes special legislation that will allow for creation of one or more redevelopment TIF districts within the Opportunity Site., even if those areas cannot qualify based on existing statutory requirements. BCLG 14-2025 Opportunity Site Phase 1 Infrastructure Bonding - The City is requesting critical legislative funding that will fill gap funding necessary for the build out of Phase 1 of the Opportunity Site. The request is for $3,000,000 that will close the remaining funding gap allowing for the construction of infrastructure to phase 1 of the opportunity site. Justification – Phase 1 of the opportunity site will bring over 700 units of multifamily housing, local- oriented commercial business spaces, an event center and public gathering spaces. The city has already received $3.6 million in grants for the infrastructure and this final piece of state bonding would allow for construction to begin on the infrastructure. 1 2 Page 5 of 13 Essential Services BCLG 03-2025 Brooklyn Center Public Works Garage – The City of Brooklyn Center supports increased state funding for transportation maintenance facilities, like the Brooklyn Center Public Works Garage, which provides critical regional services. Justification – The 50-year-old Brooklyn Center Public Works garage is outdated, creating safety risks and operational inefficiencies. Its size and design limit the safe use of large equipment like snowplows and have insufficient space for modern upgrades, such as charging stations for an electrified fleet. Renovations are cost-prohibitive, with $3.5 million in deferred maintenance. Public Works operations are essential to regional mobility, including snow and ice control for areas like Shingle Creek Crossing, and aiding the movement of Brooklyn Center's significant essential worker population. Financial • BCLG 15-2025 (Metro Area Fiscal Disparities) 4D Transition Aid – The supports state funding for cities recovering tax losses due to 4D Transition Aid. Justification - Our region needs more units of affordable housing and deeper levels of affordability. Brooklyn Center supports initiatives to increase affordable housing supply in in the state. The recent legislative changes to the 4d tax classification however, disproportionality affects cities with several 4d properties whose tax bases are already stressed. Brooklyn Center is expected to lose over $250,000 in tax capacity over 2021 levels when the new rate is effective in 2025 (from non TIF-captured parcels). This translates to $145,388 in the City's portion of taxes assuming pay 2024 tax rates. The new bill does support transition aid in 2025 and 2026 for communities whose tax capacity in 4d property exceeds 2% of total tax capacity. Based on current calculations, Brooklyn Center is now expecting $0 in aid under this program. The City supports increasing the transition aid to cover cost for the entire tax impact and extending the benefit past 2026.BCLG 16-2025 Metro Area Fiscal Disparities - Brooklyn Center was once a net contributor to the Fiscal Disparities pool. Today as a net recipient, the fiscal disparity is a major factor contributing to the fiscal stability of the City and our taxpayers. Without Fiscal Disparities, the property tax burden in Brooklyn Center would escalate dramatically, perhaps more than 25%. We strongly encourage continued legislative support for Metro Area Fiscal Disparities. • BCLG 17-2025 Sales Tax Exemption Simplification - We advocate for a way to simplify the utility of the current sales tax exemption for construction materials. The process for using the current sales tax exemption on construction is so complicated, risky, and burdensome to contractors and cities that we are aware of no city that has decided to use this exemption. In Brooklyn Center, we estimate savings of $300-$400 thousand annually for our neighborhood street and utility construction projects if the sales tax exemption was viable. • BCLG 18-2025 Property Tax Relief – The City of Brooklyn Center supports efforts of the state to increase property tax relief for property owners experiencing high tax burdens due to property tax shifts. 3 Page 6 of 13 Justification - The City has experienced significant shifts in tax capacity growth from commercial to residential properties throughout the years of the most recent economic recession. As a result, residential property owners have endured a tax shift burden. We expect this trend to continue for the coming years as housing values continue to recover and commercial and industrial market values normalize. • BCLG 19-2025 Local Government Aid - LGA – The City of Brooklyn Center supports the existing LGA funding formula as an appropriate mechanism to distribute LGA. The city supports adding an annual indexing factor to the formula. In addition, the city supports , support adding a racial and economic equity factor to the existing formula and opposes special funding using LGA funds. Justification – LGA has been cut for many years. The City’s budget stability continues to be dependent on LGA funding. Any changes in the formula or siphoning of funds from the overall pool for special projects may be detrimental to the City’s financial stability. Health and Well-Being • BCLG 20-2025 Racial Trauma Treatment - The City of Brooklyn Center supports the state supports the state adding “racial trauma” to eligible conditions for psychological condition treatment. Justification – Currently state statute stipulates that an employee seeking psychological condition treatment approval shall pay the employee’s full salary and employer-provided benefits. The state does not list “racial trauma” as an eligible condition for psychological condition treatment. Thereby, currently staff cannot receive pay or benefits during a time of seeking psychological condition treatment. According to the National Center for PTSD, (website: www.ptsd.va.gov/understand/types/racial_trauma.asp, October 2024), “Racial trauma can lead to an increased risk of physical and mental health problems. University of Georgia, Department of Psychology, (website: https://psychology.uga.edu./coping-racial-trauma, 2019), states “experiences with racial discrimination are associated with negative mental (e.g., depression, anxiety, hopelessness, violent behavior) and physical (e.g., hypertension, thickening and calcification of the arteries, and hear rate variability) health outcomes (https://www.semanticsscholar.org/papter/Percieved-descrimination-health-%3A-a- review.-Pascoe-Richman/886863c7ce89acfe9551d8fca9699381297cef52).Psychologically (https://www.apa.org/pubs/journals/releases/cou-59-1-1.pdf), racial trauma can cause symptoms that mirror those of post-traumatic stress disorder (PTSD): re-experiencing of distressing events, higher reports of somatization when distressed, chronic stress, negative emotions/depression, hypervigilance, and avoidance. Housing • BCLG 04-2025 Tenant Protections - The City of Brooklyn Center supports revising existing regulations that restrict local governments from enacting tenant protection measures. Further, the City of Brooklyn Center supports new legislation that clarifies and creates tools that support tenant protection measures, both locally and state-wide. These tools include but are not limited to, preventing discrimination based on income sources, limiting tenant screening practices, preventing non-renewals of leases without just cause, and retaliation by rental property owners. Page 7 of 13 • BCLG 05-2025 Affordable Housing - The City of Brooklyn Center supports the creation of additional programs, tools, and funding that address the concentration of poverty and ensure the fair distribution of affordable housing opportunities across the Twin Cities metro. Specifically, the State should establish a housing tax credit contribution fund, increase funding for the Economic Development and Challenge Fund Grant program, and support dedicated funding for housing through bonding and general fund revenue. Justification – Vacancy rates remain low and the market is not keeping up with the demand for affordable housing options. Cities want to play a role in addressing this issue but lack the resources and the flexible tools to create partnerships with public and private entities to ensure an adequate supply of affordable housing options. The City of Brooklyn Center wants to ensure that current and future policies are sensitive to ensuring all communities within the Twin Cities metro are absorbing affordable housing at an equal rate to avoid segregating certain populations or concentrating poverty. As it stands, the City of Brooklyn Center is a heavily tax burdened community and over 2% of its net tax capacity is in 4d properties. • BCLG 06-2025 Group Homes and Assisted Living Licensures – The City of Brooklyn Center believes current regulations for group homes disproportionately impact lower-income communities and communities of color. The City requests that the Legislature amend these regulations to address unintended consequences, including allowing certain non-first-class cities to establish density requirements and reinstituting the ability of a municipality to require a rental license. Currently, only cities of the first class (with populations over 100,000) have the authority to mandate a minimum distance of 1,320 feet (1/4 mile) from existing MDH Assisted Living facilities. There are no minimum distance requirements for DHS Community Residential Setting facilities. Justification – Our experience shows that single-family affordable housing neighborhoods attract investors looking to profit from establishing group homes. Brooklyn Center has seen a significant increase in the number of these homes. This concentration in lower-income neighborhoods limits homeownership opportunities and wealth accumulation for residents, and it can alter the character of the community. Additionally, these properties place a strain on local emergency response agencies, as they tend to generate a higher volume of service calls. According to MN Statutes 245A.11, subdivision 1, individuals residing in group homes cannot be excluded from the benefits of normal residential surroundings by municipal zoning ordinances or land use regulations. Group homes with a licensed capacity of 6 or fewer persons are permitted as single- family residential uses for zoning purposes, and as of May 18, 2024, state-licensed group homes with 6 or fewer persons are exempt from rental licensing requirements in Minnesota, including those licensed under Minnesota Statutes 144G.45 and 245D.02. The Commissioner of the Department of Health must consider the population, size, land use plan, availability of community services, and the number and size of existing licensed MDH Assisted Living facilities in any city where an applicant seeks to operate a facility; however, as of October 2024, Brooklyn Center and Brooklyn Park— the only two cities in Hennepin County with over 50% BIPOC populations—hold nearly 50% of all MDH Assisted Living licenses in Hennepin County BCLG 07-2025 Emergency Shelter/Transitional Housing Use in Hotels – The City of Brooklyn Center supports a more even distribution of emergency homeless shelters and transitional housing at area hotels and motels, Page 8 of 13 as paid by voucher. Justification – The City of Brooklyn Center is home to 10 hotels; however, the City of Brooklyn Center has become increasingly aware of our hotels moving away from their original intended and approved use as a hotel facility and towards semi-permanent housing. In Brooklyn Center, hotels are lodging accommodations for stays of less than a month. The City is aware of hotels being purchased or considered for acquisition in the City for use as transitional housing. In the case of private ownership, this provides a guaranteed income stream by entering into a contract with county services. Removal of hotel accommodations from our City is not in alignment with the City’s goals for economic competitiveness and employment, of which in part include the provision of accessible hotel accommodations to our City’s employment centers. As the City is built out, there are limited opportunities to provide quality accommodations for those visiting the area, and has resulted in the increased use of City resources. • BCLG 08-2025 Building Officials – The City of Brooklyn Center supports efforts of the state to increase its efforts to train new and diverse building officials, and provide sufficient education to help local officials administer and enforce construction regulations. Justification – The City has established city priorities related to resident economic stability and the value of diversity and inclusion. There is a shortage of building officials in the state and a greater shortage of building officials of color. Sufficient funding and support by the state would permit the City and other cities to have access to a broader pool of candidates for building officials in the future. Law Enforcement & Public Safety • BCLG 21-2025- Permanent Prevention and Intervention Public Safety Aid - The City supports extension and permanent funding of Public Safety Aid. Justification – In 2023, the State Legislature passed one-time funding “Public Safety Aid” for purposes of supporting public safety, including community violence prevention and intervention programs, community engagement; mental health crisis; victim serves; training programs; first responder- wellness; equipment related to fire, rescue, emergency services; or to pay other personnel or equipment costs. Public safety response strategies alone are not sustainable financially or to the well- being and health of humans. Cities, counties and communities have little to no abilities to fund the critical public safety strategies of prevention and intervention. Permanent funding of community- centered public safety prevention and intervention will lead to a more sustainable, healthier and well- being of people. • BCLG 22-2025 – Support for a Deferred Retirement Option Plan (DROP) for Law Enforcement Officers - The City of Brooklyn Center supports the implementation of a Deferred Retirement Option Plan (DROP) or a similar program for law enforcement officers in Minnesota. Such programs allow senior officers to retire while continuing to work and accrue retirement benefits, providing financial incentives for experienced officers to extend their careers. The City recognizes the value of maintaining a seasoned workforce and the potential benefits of retaining senior officers to support leadership continuity, mentorship of younger officers, and overall departmental stability. Justification - DROP programs have been successfully implemented in various states, encouraging veteran officers to remain in service for a few additional years, thereby alleviating immediate staffing Page 9 of 13 challenges and ensuring that experienced officers can contribute to departmental objectives. A similar program in Minnesota could address ongoing recruitment and retention issues and enhance public safety by leveraging the skills of veteran officers. • BCLG 23-2025 Presumption of Privacy for Body-Worn Cameras Used by Non-Licensed Police Staff - The City of Brooklyn Center supports extending the presumption of privacy for Body-Worn Camera (BWC) footage to non-sworn staff, in alignment with the current state law that protects BWC data collected by licensed peace officers. This expansion would ensure that BWC data recorded by non- licensed police staff, such as Cadets, community service officers, or professional staff, is classified as private or nonpublic data, except when specifically required by law to be released. This adjustment aligns with the broader privacy protections afforded to licensed peace officers and supports the responsible use of technology to enhance public trust and safety without compromising individual privacy. Justification - BWCs have proven to be a valuable tool for transparency and accountability. However, it is important to extend the same privacy protections to non-licensed police staff, as their roles also involve sensitive interactions with community members. This proposal ensures consistency in data classification and builds community trust while respecting privacy. • BCLG 24–2025 Race Identification on Driver’s License – The City of Brooklyn Center supports legislative efforts to improve race-related data collection by offering individuals the option to self-identify their race on their driver’s license. This option should be voluntary and include safeguards to ensure that the data is used exclusively for the purpose of improving racial equity and reducing bias in law enforcement activities. Justification – Accurate race-related data is critical for assessing and addressing racial disparities in policing. Allowing individuals to self-identify their race on their driver’s license provides a more precise and voluntary method of data collection, supporting efforts to develop fair and equitable law enforcement practices. The City remains committed to reducing racial bias and inequity in policing through data-driven policies. • BCLG 25-2025 Cop Autism Response Education and Technologies - The City of Brooklyn Center supports legislative funding for the expansion of the COP Autism Response Education (CARE) training model and the development and utilization of innovative technologies that improve public safety responses to individuals with Autism Spectrum Disorder (ASD). These technologies could include apps, sensory tools, or other support systems that enhance communication and understanding between first responders and individuals on the autism spectrum. Justification- As more individuals are diagnosed with ASD, first responders must be equipped with tools to provide appropriate and effective services. The use of supportive technologies can help bridge communication gaps and ensure safer, more inclusive responses for all community members, without prescribing a specific technology, such as the Vitals App, which may not be universally suitable. • BCLG 26-2025 - Juveniles in Municipal Jails – The City of Brooklyn Center supports efforts by the state to clarify state statutes that would allow juveniles to be held for questioning and booking in the City Page 10 of 13 jail for up to six hours. Justification – The City would have more of an opportunity and time to work with a juvenile to resolve or remedy their situations before being transported to Hennepin County Jails should the state increase the max time juveniles may be held in a licensed municipal jail. • BCLG 27-2025 - 21st Century Policing – The City of Brooklyn Center reaffirms its support for implementing the principles and strategies outlined in the President's Task Force on 21st Century Policing and calls for sustained state funding to enhance training, officer wellness initiatives, and the adoption of modern policing technologies. This includes body-worn cameras, de-escalation techniques, and holistic safety approaches. The City encourages the integration of whole-of- government and whole-of-community strategies to achieve safe, healthy communities. Justification - The recent report, Task Force on 21st Century Policing: A Renewed Call to Action (April 2023), emphasizes the need for transformation in policing through collaboration, public trust, and reducing the harm associated with aggressive enforcement. By focusing on community safety over crime suppression, and supporting training in de-escalation and other non-violent conflict resolution techniques, Brooklyn Center can ensure its officers are well-prepared to meet the demands of modern policing. Ongoing funding will allow the City to invest in technology, officer wellness programs, and community-led policing strategies, all of which align with the holistic safety model that prioritizes long-term trust and partnership between police and the community. • BCLG 28-9-2025 – Appropriation; Fencing Consortium - $5,000,000 in fiscal year 2024 is appropriated from the general fund to the commissioner of public safety for a grant to the Fencing Consortium for acquisition of anti-scale fencing, pedestrian doors, and vehicle gates for local government facilities statewide to improve equitable access to a de-escalation and safety tool. This appropriation is available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642. This is a onetime appropriation. Justification – Currently there is a consortium of Hennepin County cities participating in this joint effort. Having the state take the lead on this effort would benefit all entities across the State of Minnesota. • BCLG 30-2025 Regional Live Fire Training Facility (located in Dayton) – The city supports funding for the Dayton Regional live fire training facility. Justification - The Dayton facility will include a live burn tower where we can teach and learn with live fire training and operations from a multi-story training building. There currently is no option for this type of training in the NW metro. Having this type of resource available to departments would be great in expanding fire training for our firefighters. The demand for this type of regional facility is in huge demand since many of our paid-on call firefighters have only a few years of service and very little real- life training. Brooklyn Center Fire Department would use this type of training facility many times annually. Page 11 of 13 • BCLG 31-2025 Continued and increased funding to MNFIRE and MBFTE – The city supports continued and increased funding of MNFIRE and MBFE Justification - Both of these State funded programs offer resources to fire fighters and fire departments that are crucial for the wellbeing of our fire fighters. Brooklyn Center takes advantage of both of these programs annually and the extra resources are vital to our budget. MNFIRE is a wellbeing program that helps firefighters deal with top problems many fire fighters encounter while or after serving their community, such as cancer, sleep, emotional trauma, and nutrition. BCFD has been trained in all of their classes they currently offer for free. MBFTE give each city back training dollars and pays a majority of the initial firefighter training, again crucial for departments budgets to continue this. • BCLG 32-2025 Public Safety Responder Mental Health and Well-Being – The city supports creation and permanent funding for public safety responder mental health and well-being. Justification - During service to their community, front line first responders handle some of the most difficult calls. One call or the totality of calls in one’s career, can negatively impact their mental and physical health if not addressed properly. While we continue to normalize the conversations surrounding mental health, we must provide resources to first responder staff to live, work and retire healthy. PTSD related retirements have grown exponentially in the recent years. PTSD is treatable; we need to ensure we are providing prevention, resiliency and treatment options for our first responders. • BCLG 33 – 2025 Lithium-Ion Battery Safety – Brooklyn Center support efforts to ensure modernized firefighters training, fire suppression methods and fire codes. Lithium batteries supply power to many kinds of devices, but if not properly handled can catch fire or explode. Justification – Traditional firefighting techniques that use water to extinguish fire are inadequate when fighting these lithium-ion batteries. These fires in particular pose serious risks to life safety. Any legislation impacting the use or disposal of lithium-ion batteries, including requirements for EV charging stations should be vetted with input from MNFAC and the understanding of risks associated with the batteries, including thermal runaway, stranded energy, deep seated fire and generation of toxic and flammable gases.; Transportation • BCLG 34-2025 Highway 252/I-94 Project – The City of Brooklyn Center supports the State addressing the long-standing safety issues on Trunk Highway (TH) 252, while at the same time protecting human health, promoting regional equity, and enhancing the livability and prosperity of Brooklyn Center. Justification - The TH 252 corridor is dangerous by design. According to the Minnesota Department of Transportation (MnDOT), the full length of Highway 252 and I-94 within the project area have a demonstrated crash problem and that crossing Highway 252, on foot or by bike, can be difficult due to the number of lanes, crossing distances, and busy intersections. Brooklyn Center has long advocated that the safety issues along the corridor must be addressed. However, the solution to the problem needs to ensure the project protects human health, promotes regional equity, and enhances the livability and prosperity of Brooklyn Center. Specifically, the City supports the following initiatives: Page 12 of 13 o Using racial and economic equity factors when considering state and local cost shares for the Highway 252/I-94 Project. o Creating and funding strategies to mitigate the impact the project will have on the local tax base. • BCLG 35-2025 MVLST Funding - The City of Brooklyn Center supports including Hennepin County in the distribution of motor vehicle lease sales tax (MVLST). Justification - Hennepin County residents contribute substantially to the MVLST but State Law excludes the county from receiving funding from this transportation source. If included, Hennepin County would receive $10.4 million annually for roads, bridges, and pedestrian and bikeway projects. The rationale to exclude Hennepin and Ramsey counties from receiving MVLST formula funds was based on enabling new taxing authority through the creation of the County's Transit Improvement Board (CTIB). With CTIB's dissolution in 2017, this rationale for excluding Hennepin and Ramsey counties from receiving MVLST Formula funds has ceased to exist. • BCLG 36-2025 Transportation Funding – The City of Brooklyn Center supports the state by providing more funding, including bonding, for improvements to all components of the transportation system. The City specifically supports funding for the TH 252/I-94 project and the Blue Line Light Rail Extension Justification – The City supports a well-funded regional transportation system. Additional funding by the Legislature would permit the City to access various funding sources from the Minnesota Department of Transportation for City projects. • BCLG 37-2025 City Cost Participation on State and County Roads – supports flexibility in, or exemption from, cost participation policies when a city cannot meet cost share obligations due to unique circumstances. The City calls for special or additional funding for cities that have burdens of additional cost participation in projects involving state and county roads including the placement of underground utilities due to those projects. Justification – When municipal state aid (MSA) eligible cities (those with populations greater than >5,000) face significant cost participation requirements related to state and county road projects, they commonly dedicate all or large portions of their available MSA to meet cost participation obligations. When this happens, MSA funds are not available for use on the MSA system within the city, and local taxpayers must fully fund their own local roads and stormwater infrastructure. This has been exacerbated by significant new transportation infrastructure investments on the trunk highway system authorized by the state and federal governments. Additionally, these state and county projects often present a once-in-a-lifetime opportunity to replace or rehabilitate utilities under regional roadways, forcing cities to allocate resources immediately and defer more urgent utility infrastructure needs. “The one-size fits all” cost participation policies adopted by the state and counties are inequitable. They do not consider unique factors including a disproportionate number of trunk highway lane miles in some communities, the high cost of some projects, or tax base challenges that may limit the financial ability of some cities to pay. Cost participation obligations can consume the finances or debt capacity of communities for many years. Furthermore, regional agencies are mainly focused on facilitating travel Page 13 of 13 and commerce through--and not into--a local community. Trends in cost share policies, including ownership and long-term maintenance of regional assets, continue to add to the local burden every time a cost share policy is updated or developed. BC Legislative Schedule – 2025 Legislative Session Dates Action Oct. 4 Internal Legislative Email – Directors Oct. 8 Internal Legislative Discussion – Directors Oct. 14 Internal Legislative Discussion – Council Study Session Oct. 25 Tour of BC Public Works Garage Oct. 22 Internal Legislative Discussion - Directors Oct. 28 Legislative Discussion – Council Study Session Nov. 1 Internal Draft of Legislative Priorities - Directors Nov. 7 Internal Final Draft of Legislative Priorities - Directors Nov. 12 Legislative Priorities Presentation – Council Work Session Nov. 20 Legislative Luncheon – Heritage Center Jan. 14 Legislative Session Begins Mar. 25 Legislative Update – Council Presentation May 19 2025 Legislative Session Ends Jun. 23 Legislative Debrief – Council Study Session C ouncil R egular M eeng DAT E:12/9/2024 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 pprove the 2025 C ity C ouncil Mee1ng S chedule Requested Council A con: - Moon to approve the 2025 C ity C ouncil meeng schedule as presented B ackground: A nnually, the C ity C ouncil mee1ng schedule is set for the upcoming year. A4ached for you approval is the s chedule for 2025. B udget I ssues: N/A I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: AT TA C H M E N TS : D escrip1on U pload D ate Type 2025 C ity C ouncil Mee1ng S chedule 12/5/2024 Backup M aterial 2025 City Council Meeting Schedule Regular City Council Meetings Brooklyn Center City Council regularly meet on the 2nd and 4th Monday of each month, unless Monday is a holiday. Study Session 6:00 p.m. Regular Session 7:00 p.m. Work Session – After regular session January 13 January 27 February 10 February 24 March 10 March 24 April 14 April 28 May 12 May 27 (Tuesday) June 9 June 23 July 14 July 28 August 11 August 25 September 8 September 22 October 13 October 27 November 10 November 24 December 8 Other Meetings All dates are Monday unless otherwise noted June 30 – Joint Meeting with Financial Commission 6:00 p.m. 2024 Audit Presentation Council Commission Room August 4 - Joint Meeting with Financial Commission 5:00 p.m. CIP, Central Garage, GF -Public Works, Recreation, Council Commission Room Community Development, Special Revenue – Centerbrook August 18 - Joint Meeting with Financial Commission 5:00 p.m. GF – Administration, E & HR, Finance, OCPHS, Police, Council Commission Room Fire/Emergency Mgmt, Technology Fund October 20 - Joint Meeting with Financial Commission 5:00 p.m. Utilities, Grants Council Commission Room November 3 - Joint Meeting with Financial Commission 5:00 p.m. EDA, Heritage Center, Liquor, Debt, TIF Council Commission Room December 1 – 2026 Budget Hearing 6:30 p.m. Council Chambers C ouncil R egular M eeng DAT E:12/9/2024 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:Res olu-on Recognizing Council M ember Marquita Butler for her Years of S ervice to the C ity of Brooklyn C enter Requested Council A con: - moon to approve a resoluon recogniz ing C ouncil M ember Marquita Butler for her years of service to the C ity of Brooklyn C enter B ackground: Councilmember Marquita Butler firs t took office in J anuary 2017 and has con-nued her s ervice for eight years . S he has devoted these eight years to Brooklyn Center by serving on many commis s ions and tas k forces . S he has been instrumental in as s is -ng the city during civil unrest. S taff has enjoyed working w ith Councilmember Butler and w is h her the bes t in her future endeavors. B udget I ssues: - none 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 Res olu-on 12/5/2024 Resolu-on Le=er Member ______introduced the following resolution and moved its adoption: RESOLUTION NO. 2024- RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR MARQUITA BUTLER FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Marquita Butler has served as a member of the Brooklyn Center Council from January 1, 2017, through December 31, 2024; and WHEREAS, Council member Butler’s service to the City and her leadership has made substantial contributions to the progress and development of the city; and WHEREAS, Council member Butler has served as Mayor Pro Tem, served on many advisory commissions and task forces; and WHEREAS, Council member Butler’s public service and civic effort for the betterment of the community merit the gratitude of the residents of Brooklyn Center; and WHEREAS, it is appropriate that her service and achievements for the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, that Marquita Butler is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as an expression of gratitude for the leadership and service she has rendered and the civic effort she has secured to the residents of the City of Brooklyn Center. December 9, 2024 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:12/9/2024 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:C aris s a G oebel - Parks and Recrea-on D eputy D irector S U B J E C T:Res olu-on Recognizing the S ervice of A rvid "Bud" S orens on on the Parks and Recrea-on C ommis s ion Requested Council A con: - Moon to approve a resoluon expressing recognion and appreciaon to A rvid "Bud" S orenson for 45 years of dedicated service as a C ity of Brooklyn C enter Parks and Recreaon C ommission M ember. B ackground: B udget I ssues: I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: S trengthen community and employee engagement in key decisions AT TA C H M E N TS : D escrip-on U pload D ate Type Res olu-on Recognizing the S ervice of A rvid "Bud" S orens on 12/4/2024 Resolu-on Le8er Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION TO ARVID “BUD” SORENSON FOR 45 YEARS OF DEDICATED SERVICE AS A CITY OF BROOKLYN CENTER PARKS AND RECREATION COMMISSION MEMBER WHEREAS, Arvid “Bud” Sorenson was appointed to the City of Brooklyn Center Parks and Recreation Commission on September, 24 1979; and WHEREAS, Commissioner Sorenson served as Chairperson from 1982-2022 and his leadership and expertise have been valuable; and WHEREAS, Commissioner Sorenson has been a devoted park steward and volunteer; and WHEREAS, Commissioner Sorenson’s dedicated service, representation and advocacy for the City of Brooklyn Center is greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that we recognize the honorable retirement of Parks and Recreation Commissioner Arvid “Bud” Sorenson on December 31, 2024, and express sincere appreciation for his dedicated public service. December 9, 2024 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:12/9/2024 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:O ffice of C ommunity P reven.on, H ealth and S afety/Community Engagement S U B J E C T:Random A cts of K indnes s Requested Council A con: - Moon to A dopt a P roclamaon D eclaring November 12th, 2024, to be D esignated as Random A cts of K indness D ay. - C ouncil Engagement staff w ill acknowledge Random A cts of K indness and 2024 nominees. - May or will read the 2024 Random A cts of K indness P roclamaon B ackground: The C ity of Brooklyn C enter has celebrated Random A cts of K indnes s s ince 1997. Each year the proclama.on is adoptedby the City Council of Brooklyn C enter prior to the Random A cts of K indnes s nominee acknowledgement. The a8ached proclama.on encourages the Brooklyn Center community to celebrate Random A cts of K indness. B udget I ssues: n/a I nclusive C ommunity Engagement: The annual Random A cts of K indnes s is a celebra.on that unites community through the pow er of generos ity and connec.on. Random A cts of K indnes s is designed to inspire residents , busines s es, and city s taff to ac.vely par.cipate in crea.ng a culture of kindnes s . Through divers e marke.ng efforts and meaningful partners hips , the City aims to s tretch its reach into mul.cultural and non tradi.onal s paces to encourage and promote the nomina.on process. A nracist/Equity Policy Effect: W ith a focus on inclusive community engagement, s trategic partners hips , and diverse outreach, w e aim to reach and minimiz e sys temic inequi.es that have not tradi.onally celebrated underrepresented communi.es and groups. S trategic Priories and Values: Maintain a s trong financial pos i.on, Maintain and enhance public places, I mprove community and employee safety, P rovide quality s ervices w ith fair and equitable treatment, S trengthen community and employee engagement in key decisions, Be an effec.ve partner with other public en..es, S trengthen and diversify bus iness development and housing, I mprove employees’ experience AT TA C H M E N TS : D escrip.on U pload D ate Type 2024 Random A cts of K indnes s P roclama.on 12/3/2024 Cover Memo City of Brooklyn Center Proclamation DECLARING NOVEMBER 12,2024 TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY WHEREAS, Random Acts of Kindness are the expression of our empathy and compassion for one another; and WHEREAS, the daily acts of kindness of most of the citizens of Brooklyn Center often go unrecognized; and WHEREAS, by recognizing these daily acts of kindness, all citizens of Brooklyn Center will become more aware of the importance of being kind to others throughout the year; and WHEREAS, the City of Brooklyn Center celebrated the first Random Acts of Kindness in 1997, and is celebrating its 27th Annual Random Acts of Kindness by encouraging schools, employees, and community groups to participate in Random Acts of Kindness. 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 November 12th, 2024, to be Random Acts of Kindness Day and urge all residents of the City of Brooklyn Center to join in celebrating and performing Random Acts of Kindness. December 6, 2024 Date Mayor Council Members ATTEST: City Clerk C ouncil R egular M eeng DAT E:12/9/2024 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:C ordell W is eman - Parks and Recrea.on D irector S U B J E C T:Parks and Recrea.on D epartment Update Requested Council A con: - Moon to approve the presentaon. 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 res enta.on 12/9/2024 P resenta.on 12/9/2024 1 Parks and Recreation Department Update The mission of the Parks and Recreation Department is to enhance the quality of life for our community by providing diverse, accessible and inclusive opportunities. Our goal is to create a thriving, vibrant community where people of all ages and backgrounds can connect, grow and enjoy enriching experiences. Cordell Wiseman, Parks and Recreation Director 2 Parks and Recreation Department Consists of 3 units Recreation Centerbrook Golf Course •General Fund •Special Revenue •Enterprise 1 2 12/9/2024 2 Centerbrook Golf Course Revenue and Operating Expenses Staffing Levels 2023 2024 2025 Golf Course Superintendent 1 1 1 Full-Time Staff 0 0 1 Part-Time Staff (10) seasonal 1.75 1.75 1.75 Totals 2.75 2.75 3.75 Centerbrook’s Net Income: 2021 2022 2023 2024 Expenses 395,452 414,582 427,588 426,950 Revenues 407,640 377,162 395,466 (323,204) Net Income 12,188 (37,420) (32,122) (103,746) *2021 and 2022 included transfer of $85,000 *2023 Transfer lowered to $80,000 *2024 Transfer $80,000 has not been included as of date (2024 budget allocated has not been transferred in) additional $15,000 and other expenses *Based on the trending numbers and information we had at the beginning of October, we anticipate that our net loss will be reduced by the end of 2025. We project by the end of 2026, we should be at a net operating income. Centerbrook Golf Course Current Initiatives Continue to Deliver a High Quality of Service through golfing opportunities and programming. By adjusting the programming model, revenue has Increased each month since 2002. Local Schools - JV Golf programs - we captured $1,500 in additional revenue Juneteenth Golf event - we captured $1,600 in additional revenue Guest Days - we captured $1,100 in additional revenue Lady’s Days - we captured $900 in additional revenue Youth on course – we captured $3,500 Since 2012 Centerbrook’s revenue per month continues to surpass its prior month’s revenue and some months have set its highest monthly earnings ever. Although Centerbook has made some improvement in its financial status this alone will not get us to our ultimate goal of becoming self supporting. 3 4 12/9/2024 3 Centerbrook Golf Course New Initiatives and Financial Stability Winter programming 2025 •Opening up the golf course for winter programming and opportunities, we are projecting that our revenue will bring in additional revenue, bringing us closer to realizing our goals of becoming self supporting. We anticipate this growth to happen over the next year. Disc Golf and golf simulators are 2 potential programs Hosting wedding and events over the winter months •This will help generate additional revenue. It will also provide affordable rental opportunities for Brooklyn Center residents and businesses. We estimate hosting 15 events the first year that could bring in $12,000 in room rental revenue. New Simulators 2025 •With new simulators and new initiatives, we are projecting that our revenue will grow enough to cover the current deficit and leave a surplus that can be allocated to our capital fund. We anticipate the first year's revenue to be approximately $88,000. Long Term Viability: Ongoing efforts to boost revenue is crucial in ensuring Centerbrook’s financial sustainability. By driving a large number of guests to the area, we not only expand our reach but also generate greater opportunities for local businesses and cultural engagement. Cordell Wiseman, Parks and Recreation Director Tami Buetow-Staples, Director of Sales Parks and Recreation Enterprise Fund 5 6 12/9/2024 4 Heritage Center of Brooklyn Center Revenue and Operating Expenses Staffing Levels 2023 2024 2025 General Manager 1 1 1 Secretary/Receptionist 1 1 1 Billing Clerk 1 1 1 Operations Director 1 1 1 Sales Director 111 Sales Manager 344 Catering Sales Manager 2 0 0 Maintenance Custodians 2 2 2 Crew Chiefs 2 2 2 Part-Time Crew 999 Totals 23 22 22 HCBC Net Income: 2020 2021 2022 2023 Expenses + Cost of Sales 3,060,969 2,697,765 4,032,719 4,501,557 Revenues (1,700,803) (1,742,633) (3,267,788) (3,792,238) Net Income (1,360,166.12) (955,132.39) (764,929.95) (709,319.28) Heritage Center Consists of 3 Business Units -Convention Center -Catering Operations -Office Rentals *Based on the trending numbers and information we had at the beginning of November, we anticipate that our net loss will be reduced by the end of 2024. We project by the end of 2026, we should be at a net operating income. Heritage Center of Brooklyn Center Continue to Deliver a High Quality of Service and Maintain a 90% Repeat Client Rate Through Ongoing Customer Satisfaction We have Increased All Room Rental Fees and All Contracts Going Forward will Include a Room Rental Fee 2023 - Room Rental Revenue = $494,195 2024 - Projected Room Rental Revenue = $749,000 2025 - Projecting a 10% Increase Menu Pricing Was Increased by 6% To Stay In Pace With Competitor Pricing Hired a new Marketing Company To Help Promote the Heritage Center and Drive in More Leads. We have Continued To See An Increase in Leads, Site Visits and Contracts. Decreased our Monthly Marketing Fees. In 2025, the Heritage Center’s agenda will be rich with community-centric events, as current planning efforts are diligently underway, taking into account both budget constraints and event space availability Current Initiatives 7 8 12/9/2024 5 Heritage Center of Brooklyn Center New Initiatives and Financial Stability New Catering Contract as of January 1, 2025 •Gross profit share contract that will help lower the Heritage Center’s catering expenses. Remodel Heritage Center’s D-Barn Into Rentable Space This will help generate additional revenue. It will also provide affordable rental opportunities for Brooklyn Center residents and businesses. We turn away over 100 leads each year that do not fit within our convention center guidelines. We believe we can capture ¼ of those leads in the first year, resulting in $62,000 in additional revenue. Offering Events Sponsored by Heritage Center By planning and operating our own events, this will maximize our revenue opportunities. Valentine’s Dinner Event – we believe we can sell 700 tickets and bringing in $56,000 in additional revenue with minimal costs to the venue. Long Term Viability: Ongoing efforts to boost revenue is crucial in ensuring the Heritage Center’s financial sustainability. By driving a large number of guests to the area, we not only expand our reach but also generate greater opportunities for local businesses and cultural engagement. Cordell Wiseman, Parks and Recreation Director Carissa Goebel, Parks and Recreation Deputy Director Recreation •Community Center •Membership, Fitness and Aquatics •Programming •Adult, Senior, Youth, Family and Events •Outreach •Parks, Teens, Pop-Up Events 9 10 12/9/2024 6 Recreation Staff Community Center Membership 12 •Membership Comparison (January 1 - October 31) •2023 •Resident – 594 •Non-Resident – 722 •Daily Passes – 10,943 •Revenue - $151,997.71 2024 •Resident 797 •Non-Resident – 792 •Daily Passes – 10,443 •Revenue - $165,446.70 11 12 12/9/2024 7 Community Center Aquatics 13 •World’s Largest Swim Lesson •Sensory Swim •Spooky Splash •Winter Waterland 14 Recreation Programming •Local Food Purchase Assistance Grant •Partnered with local BIPOC farmers from Hamel, Ogilvie and Otsego. June-October over 400 boxes of fresh produce was purchased and distributed to more than 2,500 people •Northside Wellness Grant •Partnered with CAPI and Yoga Sanctuary to provide space for local BIPOC individuals who are training to become Yoga instructors. Offered 2 community events in February and May and 2 classes a week June-November 13 14 12/9/2024 8 15 Sports Programming Evolution of youth soccer •Pre-2022 – 6-week clinic/skill building for ages 3-13 •2022 – began in-house league and had 37 kids, continued to contract for clinic •2023 – in-house league grew to 78 kids, continued to contract for clinic •2024 – in-house league had 100 kids, hired local coaches for younger kids' clinic, added goalie training 16 Parks and Rec Outreach Team First Responders •Engage and interact with park users and permit holders •Relationship building with youth, teens, residents and organizations •Large unpermitted teen gatherings in parks (3) Youth/Teen Outreach •October-May afterschool open gym •Monday at Brooklyn Center Elementary •Tuesday-Friday at the Blue Barn and Brooklyn Center Middle/High School •Garden City Wednesdays Pop-Up Events •Basketball •Trunk or Treat 15 16 12/9/2024 9 Questions? 17 17 C ouncil R egular M eeng DAT E:12/9/2024 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:A ngela H olm, F inance D irector S U B J E C T:Res olu,ons to A pprove the U ,lity Rates for 2025 Requested Council A con: - Moon to: Open the public hearing; Take public input; and C lose the public hearing - Moon to approve: Resoluon for 2025 Water U lity Rates Resoluon for 2025 S anitary S ewer U lity Rates Resoluon for 2025 S torm S ewer U lity Rates Resoluon for 2025 S treet L ight Rates Resoluon for 2025 Recy cling Rates B ackground: B udget I ssues: The rates have been incorporated into the 2025 Budget. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: Maintain a s trong financial pos i,on, P rovide quality s ervices w ith fair and equitable treatment AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on - 2025 Water U ,lity Rates 12/4/2024 Resolu,on Le9er Res olu,on - 2025 S anitary S ew er U,lity Rates 12/4/2024 Resolu,on Le9er Res olu,on - 2025 S torm S ew er U,lity Rates 12/4/2024 Resolu,on Le9er Res olu,on - 2025 S treet Light Rates 12/4/2024 Resolu,on Le9er Res olu,on - 2025 Recycling Rates 12/4/2024 Resolu,on Le9er M emo - 2025 U,lity Rates 12/5/2024 Cover Memo P res enta,on 12/9/2024 P resenta,on Member _____________________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ADOPTING 2025 WATER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the “Public Utility Rate Schedule” and shall be adopted by resolution of the City Council; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 01, 2025. 2025 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate Year 2025 $6.32 per 1,000 Gallons Quarterly Minimum Rate Meter Size 2025 Quarterly Minimum Charge 1” $ 82.76 1 ½" $ 106.41 2” $ 206.92 3” $ 413.92 4” $ 697.76 6” $ 1,596.60 8” $ 3,023.88 10” $ 4,031.86 Water Conservation Rate Meter Size Base Charge (minimum charge per quarter) 5/8” and 3/4” $ 28.49 Thousands of Gallons Consumption Charge (per 1,000 gallons used) 0 to 30 $ 4.75 31 to 60 $ 5.93 61 and greater $ 8.84 RESOLUTION NO. ______________ Fees Water Meter Charge 5/8” or 3/4” $149.00 Water Meter Charge Larger than 3/4” Actual Cost + $2.00 Other Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $400.00 or greater) $50.00 Fire Service Line Charge $ 12.50 per quarter December 9, 2025 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. Member ___________________________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ADOPTING 2025 SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the “Public Utility Rate Schedule” and shall be adopted by resolution of the City Council; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2025. 2025 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential (Minimum quarterly charge) Single Family Apartment Senior Citizen Year 2025 $112.68 $79.61 $61.97 Non-Residential Rate Year 2025 $4.79 per 1,000 Gallons Fees SAC Charge set by MCES Fee Established by MCES Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $400.00 or greater) $50.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution December 9, 2024 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. Member ________________________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ADOPTING 2025 STORM SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the “Public Utility Rate Schedule” and shall be adopted by resolution of the City Council; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby continued and shall be effective for all billings issued on or after January 01, 2025. 2025 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2025 Minimum Quarterly Charge Base Rate $ 81.42 Cemeteries and Golf Courses $ 20.36 Parks $ 40.71 Single Family, Duplex,Townhouse $ 20.36/lot School, Government Buildings $ 101.78 Multiple Family, Churches $ 244.29 Commercial, Industrial $ 303.17 Vacant Land As Assigned Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $400.00 or greater) $50.00 Private facility cleaning charge Labor, materials, equipment and overhead December 9, 2024 Date Mayo 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ADOPTING 2025 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the “Public Utility Rate Schedule” and shall be adopted by resolution of the City Council; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 01, 2025. 2025 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2024 Minimum Quarterly Charge Per Dwelling Unit: Single, Double and Multiple Family Residential $8.83 Per Acre: Parks $15.03 Schools, Government Buildings, Churches $30.08 Retail and Service-Office $45.10 Commercial and Industrial $45.10 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $400.00 or greater) $50.00 December 9, 2024 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ESTABLISHING 2025 RECYCLING RATES AND CHARGES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the joint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter 115A (1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City’s curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, the recycling program includes a bi-annual curbside cleanup; and WHEREAS, the City Council has reviewed data provided on delinquent utility charges; and WHEREAS, Brooklyn Center Ordinance No. 89-11 authorizes the City to establish rates for recycling services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the recycling charges shall be as follows for all billings issued on or after January 1, 2025: 2025 RECYCLING UTILITY RATE SCHEDULE Recycling Rates and Charges Minimum Charge per Household per quarter: $24.84 per quarter Charges Delinquent account, quarterly charge No Additional Charge Certification for collection with property taxes (Utility accounts with an outstanding balance owed of $400.00 or greater) $50.00 December 9, 2024 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. COUNCIL ITEM MEMORANDUM DATE: December 9, 2024 TO: Dr. Reginald Edwards, City Manager FROM: Angela Holm, Finance Director SUBJECT: Public Hearing on Proposed Utility Rates for 2025 Recommendation: It is recommended that the City Council, following a public hearing, consider approval of the attached resolutions setting rates for City provided utility services for 2025. Background: At the November 18, 2024 joint work session of the City Council and Financial Commission, staff presented the expected expenditures for operation of the City’s utility services for 2025. The expenditures include total direct and indirect costs including depreciation of capital assets and administrative costs. Along with those costs are projections of the revenues needed for 2025 and for the next ten years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. The cash flow analysis for each of the five utilities indicate anticipated rate changes necessary to maintain sufficient cash balances during the construction of the utility improvements associated with the City’s 10-year Capital Improvement Plan (CIP). For 2025, rate increases are proposed Water, Sanitary Sewer, Storm Sewer, Street Light, and Recycling utilities in order to maintain cash reserves, fund normal operations, pay for debt service and finance infrastructure improvements. Rates for the various utilities for 2025 are shown in comparison to 2024 below: Fund Description 2024 Rate 2025 Rate Change Water Base Charge - Residential (quarterly) $22.79 $28.49 $5.70 / quarter Consumption Charge - Residential Meters Tier I (0 - 30 gallons) Tier II (31 - 60 gallons) Tier III (61 and greater) $3.80 4.74 7.07 $4.75 5.93 8.84 $0.95 / 1,000 gallons $1.19 / 1,000 gallons $1.77 / 1,000 gallons Consumption Charge - Non-residential (Per 1,000 gallons) $5.06 $6.32 $1.26 / 1,000 gallons Sanitary Sewer Base Charge (quarterly) $108.34 $112.68 $4.34 / quarter Consumption Charge - Non-residential (Per 1,000 gallons) $4.61 $4.79 $0.18 / 1,000 gallons Storm Sewer Base Charge (quarterly) $19.58 $20.36 $0.78 / quarter Street Light Base Charge (quarterly) $7.36 $8.83 $1.47 / quarter Recycling Base Charge (quarterly) $14.19 $24.84 $10.65 / quarter COUNCIL ITEM MEMORANDUM A comparison of quarterly utility billing rates for a household using 18,000 gallons of water (considered the typical residential user) is shown below: Fund 2024 Bill 2025 Bill $ Change/quarter Water $91.19 $113.99 $22.80 Sanitary Sewer 108.34 112.68 4.33 Storm Sewer 19.58 20.36 0.78 Street Light 7.36 8.83 1.47 Recycling 14.19 24.84 10.64 Total $240.66 $280.70 $40.02 The proposed rates would become effective for billings dated after January 1, 2025. City Code sections 11.02 and 11.06 require a notice and hearing prior to the City Council setting new utility rates. The Public Hearing Notice was published in the Brooklyn Center Sun Post on November 28, 2024. Strategic Priorities: • Maintain a Strong Financial Position • Provide quality services with fair and equitable treatment 12/9/2024 1 Public Hearing Utility Rates for 2025 City Council Meeting, 12-09-24 Angela Holm, Finance Director Rate Considerations •Ensure service levels are maintained •Provide cash for operating needs, capital projects, and debt service •2025 proposed rates used in budget presented on December 2, 2025 •Long-term analysis to promote stabilization of rate changes 2 1 2 12/9/2024 2 2025 Proposed Rate Changes 3 2025 Proposed Rate Changes 4 3 4 12/9/2024 3 Rate Comparison Considerations •How do comparable cities fund infrastructure operations, maintenance, and replacement including large construction projects •What are the infrastructure needs and the timing on replacement •What is their policy on incurring debt or using other funding mechanisms 5 Water Utility Rate Comparison 6 5 6 12/9/2024 4 Sanitary Sewer Utility Rate Comparison 7 Storm Drainage Utility Rate Comparison 8 7 8 12/9/2024 5 Water, Sewer, Storm Utility Rate Comparison 9 Street Light Utility Rate Comparison 10 9 10 12/9/2024 6 Recycling Utility Rate Comparison 11 Next Steps •Open public hearing for comments on proposed 2025 utility rates •Council consideration of: •Resolution adopting 2025 water utility rates •Resolution adopting 2025 sewer utility rates •Resolution adopting 2025 storm sewer utility rates •Resolution adopting 2025 street light rates •Resolution adopting 2025 recycling rates *Note: The resolutions will need to be considered individually 12 11 12 C ouncil R egular M eeng DAT E:12/9/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :J esse A nders on, C ommunity D evelopment D irector BY:G inny M cI ntosh, P lanning M anager S U B J E C T:P lanning Commission A pplica0on No. 2024-012, S ubmi4ed by K K M B A Brooklyn C enter L L C , for a M ajor A mendment to the S hingle Creek C rossing P lanned U nit D evelopment to A llow for G overnmental O ffices (2501 C ounty Road 10) - P ublic H earing Requested Council A con: (1) Mo0on to: O pen the public hearing; Take public input; and Close the public hearing. (2) Mo0on to deny the reques ted major amendment to the 2011 S hingle C reek Cros s ing P lanned Unit D evelopment to allow "governmental offices " as a per mi4ed us e at the S ubject P roperty located at 2501 County Road 10 and as contemplated under P lanning Commission A pplica0on No. 2024-012. City planning staff maintains the posi0 on that, bas ed on the findings pres ented within the provided staff report, the r eques ted major amendment to the P lanned U nit D evelopment s hould be denied; however, if City Council elects to recommend approv al of the r eques t to allow for “governmental offices ” w ithin S hingle Creek Cros s ing s hopping center, the mo0on language s hould be to appr ove the r eques ted amendment to the 2011 S hingle Creek Cros s ing P lanned U nit D evelopment to allow for “governmental offices,” and with revised findings. B ackground: K K M B A B rook lyn C enter L L C (“the A pplicant ”) is r eques 0ng an amendment to the S hingle C reek Cros s ing P lanned Unit D evelopment (P U D ) that would allow for “governmental offices” as a permi4ed use within the S hingle Creek C ros s ing shopping center and at 2 5 0 1 C ounty Road 1 0 (“the S ubject P roperty ”). This request is as s ociated w ith a pr opos al for the S ocial S ecur ity A dminis tra0on to enter into a 15-year leas e (w ith a total 30-year r enew al) to operate a field office in an approximately 1 2 ,500-s quare-foot tenant s pace on the S ubject P roperty. The shell tenant s pace was constructed in 2019, yet despite numerous propos als over the years , no viable us er has been iden0 fied. A s pr opos ed, the exis 0ng 9,000-s quare-foot S ocial S ecurity A dministra0on office, which is located les s than one (1) mile aw ay at 3280 N orthway D r ive in Brooklyn Center, would be vacated. W hen C ity staff learned a leas e agreement had been executed on the space, they informed the A pplicant that the propos ed use (“governmental offices”) w as not a permi4ed us e at that loca0on per the approved P U D development plans, and that as a T I F agreement had been executed, this could be cons ider ed a default under the agreement if not remedied. This was due to the fact that when H O M F ur niture receiv ed approv als under C ity Council Res olu0on Nos . 2017-25 and 2017-174, the aforemen0oned approvals included tax increment considera0ons by the City ’s Economic D evelopment A uthority (E DA ) to address cos ts associated w ith certain s tormw ater improvements and the City ’s E DA entered into a Tax I ncrement F inance (T I F ) agreement w ith H O M F urniture to renovate the former Kohl’s building, construct an appr oximately 2 4 ,000-square foot addi0on, of which included the 12,500-s quare foot addi0 on intended for mul0 -tenant retail, and future improvements for Pad S ite X . A public hearing no0ce w as publis hed in the B rook lyn Center S un Post on O ctober 31, 2024; how ever, due to a failure in mee0 ng quor um at the November 14, 2024 P lanning Commission mee0ng, the public hearing no0ce w as r e-publis hed in the Br ookly n C enter S un Post on N ovember 28, 2024, for the D ecember 9, 2024 City Council mee0ng. The reason for holding the public hearing at the C ity C ouncil mee0 ng w as at the request of the A pplicant and in cons ulta0 on with the C ity A4orney r egar ding procedures as outlined in S ec0on 3 5 -7 2 0 3 (C ity C ouncil A con). No0 ces were mailed to s urrounding property ow ner s and phys ical addresses per no0fica0on requirements, and in advance of the originally s cheduled Nov ember 1 4 public hearing, and re-s cheduled D ecember 9 public hearing. P ur s uant to M innes ota S tatutes S ec0on 15.9 9 , a 60- day le4er of extension was is s ued to the A pplicant on D ecember 2, 2024. The A pplicant w as advised by C ity planning s taff that by pr oceeding on to C ity C ouncil, they, as w ell as C ity Council, w ould forego any poten0al feedback from the C ity ’s P lanning Commission regarding their applica0on reques t. To date, C ity s taff is not in receipt of any public comment apar t from F r ank G atlin (G atlin D evelopment C ompany), who is a majority ow ner of S hingle Creek C ros s ing s hopping center, and predominant owner of pr oper ty in the vicinity of the S ubj ect P roperty. The other major ow ner of property is the C ity ’s Economic D evelopment A uthority. I n an email receiv ed O ctober 3 , 2 0 2 4 , F rank G atlin noted that while he unders tood the struggle of the A pplicant to fill the approximately 1 2 ,500-s quare foot tenant s pace, as he hims elf has experienced in building out S hingle C reek C rossing ’s pad s ites and tenant s paces , he did not think that, “this par0cular tenant will be of any help to S hingle Creek as far as bringing in retail cus tomers.” Mr. G atlin noted that it w ould fill a dark s pace, and the loca0on is far enough from his r etail that it likely w ould not have a nega0ve impact, but it would als o not have a pos i0ve impact w ith the excep0on of having less empty space. Mr. G atlin noted that he did not explicitly have any obj ec0 on to the use other than hav ing a des ire to find be4er us ers to complement the center and create more traffic. City planning s taff review ed the s ubmi4al materials prov ided by the A pplicant, including data gener ated by P lacer A I , the 2011 S hingle C reek C rossing P U D M as ter P lans and documents , P lanning Commission A pplica0on Nos. 2017-001 and 2017-007, the City ’s z oning provisions, and the 2040 Comprehensiv e P lan. City planning s taff pres ents the follow ing as findings for denial of P lanning C ommis s ion A pplica0 on No. 2024-12: a) The proposed amendment to allow a “governmental office” use, while permi4ed in the underly ing C2 (Commerce) D is trict as one of the few permi4ed C 1 (S ervice/O ffice) D is tr ict us es, is incons is tent w ith the vision and obj ec0 ves of the S hingle Creek C r os s ing P lanned Unit D evelopment in that it is fundamentally different from the intended purpos e of the s hopping center and would not effec0vely s upport the long- term growth or redevelopment goals of the shopping center. This is giv en that “governmental offices” are not ty pically a catalys t for vibrant, cus tomer-driven dev elopment that w ill a4ract foot tr affic and economic ac0vity to the shopping center area, as they do not rely on regular vis its from cus tomers and purchas es. b) A s “gov er nmental offices” typically operate during the day0 me and w eekday hours, thes e uses have less urgent traffic pa4erns, which are s ome0mes in conflict w ith the more dynamic nature of a s hopping center and its tenants , given that thes e types of uses are open in the evenings and on w eekends. c) The propos ed amendment w ould not be in keeping w ith the highes t and bes t us es for the S ubject P roperty and surrounding S hingle C reek Cr os s ing P lanned Unit D evelopment in that “governmental offices ” w ould not effec0vely capitalize on the property ’s poten0al for genera0ng commercial ac0vity, and w ould be at odds with the economic compe0 0v enes s goals iden0 fied w ithin the C ity ’s 2040 Comprehensive P lan and C ity Council’s s trategic pr iori0 es , which include a prov is ion to “s trengthen and diversify bus iness development and housing.” d) The pr opos ed amendment to allow for “governmental offices ” within the S hingle Creek Cros s ing P lanned Unit D evelopment could poten0ally hinder future development opportuni0es , par0cularly along the eas tern edge of the shopping center w her e future growth remains on the S ubj ect P roperty and pad s ites. e) D ata provided by the A pplicant from P lacer A I s uggests that the pr opos ed “gov er nmental office” us e w ould not s ignificantly increase foot traffic or cus tomer visits to the exis 0ng busines s es located in the area, which are essen0al for the s uccess of the s hopping center. S hould C ity Council determine that “governmental offices” should be permied to locate w ithin the S hingle Creek Cros s ing P U D and s hopping center, then the C ity Council w ould need to amend the pr es ented mo0on to recommend appr oval of a major amendment to the 2 0 1 1 S hingle Creek Cros s ing P lanned Unit D evelopment to allow for “governmental offices” and pres ent r ev is ed findings. A lthough C ity C ouncil is open to presen0ng their ow n findings, poten0al findings of s upport might include: a) T he C o mprehensive Plan notes that the C ity has experienced significant changes in the past decade with respect to its changing demographics and changing market co ndi0o ns which resulted in the clo sure o f a number of big box sto res within the sho pping center. T he changing demographics a nd market condi0ons in the C ity have resulted in there being a need to re-imagine the types of uses that wo uld be acceptable within the shopping center. b) “Governmental offices” are a permi4ed use in the underlying C 2 (C ommerce) zoning district which includes the Subject Property. c) “G overnmental offices” will generate more economic ac0 vity and foot tr affic to the s hopping center than a vacant retail s pace, and although the exis 0ng Brookly n Center loca0on would be v acated, the propos ed new loca0on for the S ocial S ecurity A dministra0 on office would provide for 28 jobs working at the S ubject P roperty that may vis it bus inesses w ithin the S hingle C reek Cros s ing shopping center. d) T he reloca0on of the Social Security Administra0on office from its exis0ng B rooklyn C enter loca0on to this loca0on will expand the a vaila bility o f public services f o r the residents of the C ity and the surro unding areas, and will con0nue providing c ri0c al public servic es such as re0rement, disability, and healthcare benefit management in a new loca0on. I f C ity Council supports allow ing "governmental offices" within the S hingle Creek C rossing P U D, City staff further advis es the City ’s Economic D ev elopment A uthority (E DA ) to pr oceed w ith ter mina0on of the Tax I ncrement F inancing (T I F ) A greement entered into between K K M B A B rook lyn Center L L C (“the A pplicant”) and the Economic D evelopment A uthority of Brooklyn C enter, and dated D ecember 1 1 , 2017, as the A pplicant (“D ev eloper ” per the referenced “T I F A greement ”) has not completed the condi0 ons for the dis bursement of the tax incr ement financing as s is tance under the T I F A greement and as the A pplicant proposes us e of the S ubj ect P roperty that is inconsistent w ith the appr oved retail us e for the approximately 12,500-square foot addi0on. The A pplicant has indicated they are w illing to voluntarily terminate the T I F agreement, but only if granted approval of the P U D amendment to allow for “governmental offices.” A4ached for y our review ar e copies of the Nov ember 14, 2 0 2 4 P lanning C ommis s ion r epor t, las t revised for the D ecember 9, 2024 City Council mee0ng, and a draO copy of the C ity C ouncil res olu0on. B udget I ssues: None to cons ider as it relates to P lanning Commission A pplica0on No. 2024-012. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: S trengthen and divers ify busines s development and hous ing AT TA C H M E N TS : D escrip0on U pload D ate Type Res olu0on - D enial of P lanning C ommis s ion A pplica0on No. 2024-012 12/4/2024 Resolu0on Le4er S taff Report and Exhibits - P C A pplica0on No. 2024-012 - M ajor P U D A mendment 12/4/2024 Backup M aterial P res enta0on 12/9/2024 P resenta0on Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING PLANNING COMMISSION APPLICATION NO. 2024-012 SUBMITTED BY KKMBA BROOKLYN CENTER LLC FOR AN AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT TO ALLOW FOR GOVERNMENTAL OFFICES WHEREAS, the City Council of Brooklyn Center, Minnesota adopted City Council Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, and whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, including an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2015-170, dated November 9, 2015, which approved the seventh amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2017-25, dated February 13, 2017, which approved the eighth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards, and subsequent revisions to the aforementioned amendment under City Council Resolution No. 2017-174, dated November 13, 2017; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2020-053, which approved the ninth amendment to the Shingle Creek Crossing Planned Unit Development, including certain revisions to the list of uses allowed within the PUD, including revisions to Building Site E to allow for a car wash, removals of restrictions on four lots for “eating establishment” use only, and allowances for group day care facilities and drop-in childcare centers, veterinarian offices (but not animal hospitals), and educational uses; and WHEREAS, the City Council subsequently adopted City Council Resolution No. 2023-66, which approved the tenth amendment to the Shingle Creek Crossing Planned Unit Development, including certain revisions to Building Site R to allow for a restaurant and drive-thru, and site signage allowances; and WHEREAS, Applicant KKMBA Brooklyn Center LLC submitted Planning Commission Application No. 2024-012, requesting a major amendment to the 2011 Shingle Creek Crossing Planned Unit Development to allow for “governmental offices” as a permitted use within the retail shopping center development and at the Subject Property located at 2501 County Road 10; and WHEREAS, the request was made after the Applicant indicated plans to locate a Social Security Administration field office within the approximately 12,500-square foot addition attached to HOM Furniture; and WHEREAS, HOM Furniture received approvals under City Council Resolution Nos. 2017-25 and 2017-174, and the aforementioned approvals included tax increment considerations by the City’s Economic Development Authority (EDA) to address costs associated with certain stormwater improvements and the City’s EDA entered into a Tax Increment Finance (TIF) agreement with HOM Furniture to renovate the former Kohl’s building, construct the approximately 12,500-square foot shell space addition, which was approved specifically for multi- tenant retail, and future improvements to an identified Building Site X; and WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post on October 31, 2024, notifications were mailed to property owners and physical addresses within the identified area of notification, and published to the City’s website; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota failed to meet quorum at the meeting scheduled for November 14, 2024, the public hearing was not held, and a recommendation was unable to be provided; and WHEREAS, a new public hearing notice was published in the Brooklyn Center Sun Post on November 28, 2024, and updated notifications were mailed to property owners and physical addresses within the identified area of notification; and WHEREAS, by allowances granted under Minnesota Statutes Section 15.99, Subd.3(f), a 60-day letter of extension was provided to the Applicant on December 2, 2024 to allow for the additional time necessary to review and consider the application, and to conduct the public hearing; and WHEREAS, on December 9, 2024, the City Council of the City of Brooklyn Center, Minnesota received and reviewed the provided planning report on the requested major amendment to the 2011 Shingle Creek Crossing Planned Unit Development, as contemplated within the submittal documentation, and conducted a public hearing on the application; and WHEREAS, the City Council of the City of Brooklyn Center, Minnesota considered the application requests in light of all testimony received, and the guidelines and standards as outlined within Sections 35-2103.e (Existing Planned Unit Developments), 35-8306 (PUD Amendments), and 35-8304 (PUD Criteria), the City’s 2040 Comprehensive Plan, as well as all relevant documentation associated with the Subject Property and the 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, Section 35-8304 provides that the City Council shall base its decision to approve an amendment a planned unit development upon the following additional criteria: a. Compatibility of the development plan with the standards, purposes, and intent of this section; b. Consistency of the development plan with the goals and policies of the Comprehensive Plan; c. The impact of the development plan on the neighborhood in which it is to be located; and d. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational uses, open spaces, and buffering and landscaping; and WHEREAS, in light of all testimony received, the City Council determined that Planning Commission Application No. 2024-012, submitted by KKMBA Brooklyn Center LLC, be denied based on the following findings: a) The proposed amendment to allow a “governmental office” use, while permitted in the underlying C2 (Commerce) District as one of the few permitted C1 (Service/Office) District uses, is inconsistent with the vision and objectives of the Shingle Creek Crossing Planned Unit Development in that it is fundamentally different from the intended purpose of the shopping center and would not effectively support the long-term growth or redevelopment goals of the shopping center. This is given that “governmental offices” are not typically a catalyst for vibrant, customer-driven development that will attract foot traffic and economic activity to the shopping center area, as they do not rely on regular visits from customers and purchases. b) As governmental offices typically operate during the daytime and weekday hours, these uses have less urgent traffic patterns, which are sometimes in conflict with the more dynamic nature of a shopping center and its tenants, given that these types of uses are open in the evenings and on weekends. c) The proposed amendment would not be in keeping with the highest and best uses for the Subject Property and surrounding Shingle Creek Crossing Planned Unit Development in that “governmental offices” would not effectively capitalize on the property’s potential for generating commercial activity, and would be at odds with the economic competitiveness goals identified within the City’s 2040 Comprehensive Plan and City Council’s strategic priorities, which include a provision to “strengthen and diversify business development and housing.” d) The proposed amendment to allow for “governmental offices” within the Shingle Creek Crossing Planned Unit Development could potentially hinder future development opportunities, particularly along the eastern edge of the shopping center where future growth remains on the Subject Property and pad sites. e) Data provided by the Applicant from Placer AI suggests that the proposed “governmental office” use would not significantly increase foot traffic or customer visits to the existing businesses located in the area, which are essential for the success of the shopping center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Planning Commission Application No. 2024-012, submitted by KKMBA Brooklyn Center LLC is hereby denied. December 9, 2024 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. App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 1 Planning Commission Report Meeting Date: November 14, 2024 Revised Meeting Date: December 9, 2024 Application No. 2024-012 Applicant: KKMBA Brooklyn Center LLC Request: Planned Unit Development Amendment (Major) Map 1. Subject Property Location. REQUESTED ACTION KKMBA Brooklyn Center LLC (“the Applicant”) is requesting an amendment to the Shingle Creek Crossing Planned Unit Development (PUD) that would allow for “governmental offices” as a permitted use within the Shingle Creek Crossing shopping center and at 2501 County Road 10 (“the Subject Property”). This request is associated with a proposal for the Social Security Administration to enter into a 15-year lease (with total 30-year renewal) to operate a field office in an approximately 12,500-square-foot tenant space on the Subject Property—refer to Exhibit A. As proposed, the existing 9,000-square-foot Social Security Administration office, which is located less than one (1) mile away at 3280 Northway Drive in Brooklyn Center, would be vacated. • Application Filed: 10/15/2024 • Review Period (60-day) Deadline: 12/14/2024 • Extension Declared: Yes • Extended Review Period Deadline: 02/12/2025 App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 2 A public hearing notice was published in the Brooklyn Center Sun Post on October 31, 2024; however, due to a failure in meeting quorum at the November 14, 2024 Planning Commission meeting, the public hearing notice was re-published in the Brooklyn Center Sun Post on November 28, 2024, for the December 9, 2024, City Council meeting (Exhibit B). The request to proceed to City Council was at the request of the Applicant and in consultation with the City Attorney regarding procedures as outlined in Section 35-7203 (City Council Action). Notices were mailed to surrounding property owners and physical addresses per notification requirements, and in advance of the originally scheduled November 14 public hearing, and re-scheduled December 9 public hearing. BACKGROUND Site Data 2040 Land Use Plan: Transit-Oriented Development (TOD) Neighborhood: Centennial Current Zoning: Planned Unit Development/Commerce (PUD/C2) District Surrounding Area Direction 2040 Land Use Plan Zoning North TOD PUD/TOD (Planned Unit Development/Transit- Oriented Development) District South ROW (Highway 100) ROW (Highway 100) East ROW (Highway 100) ROW (Highway 100 West TOD PUD/C2 (Planned Unit District/Commerce) District Shingle Creek Crossing PUD Amendment History The original Shingle Creek Crossing Planned Unit Development (PUD) was approved on May 23, 2011, and guided for the overall redevelopment of the Brookdale Mall properties. The mall was originally comprised of over 1.1 million square feet of retail space, which was subsequently reduced following the demolition of 760,000 square feet of old mall space, followed by the planned renovation of 123,242 square feet of former food court space; the redevelopment of over 403,000 square feet of new retail commercial and restaurant uses; and approval of the partial Shingle Creek daylighting. The second PUD amendment was approved a short time later on September 12, 2011, and provided for the physical separation of the food court building from the former Sears; the renovation and conversion of the food court space from 123,242 square feet to 150,591 square feet; the removal of Building Site N (between Sears and the former Walmart); and the addition of a new 6,000 square foot commercial pad site located at the southeast corner of the Xerxes Avenue North and 56th Avenue North entrance. The third PUD amendment, adopted on September 24, 2012, provided for the re-platting of certain lots and revisions to certain building pad sites (i.e. Building Site D, Building Site Q, and Building Site O). The fourth amendment, adopted October 14, 2013, approved the removal and replacement of the former Brookdale Mall food court with ten (10) new retail buildings. The fifth PUD amendment was related to various sign allowances granted throughout the Shingle Creek Crossing PUD. App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 3 The sixth PUD amendment was adopted June 9, 2014, and incorporated changes to the food court redevelopment areas, a new 5,400 square foot restaurant pad site (Building Site R); a new 5,500 square foot restaurant pad site (Building Site T); a revised size and layout of Building B from 8,500 square feet to 6,673 square feet; and approval of the Shingle Creek Crossing 5th Addition. The seventh PUD amendment was adopted November 9, 2015, and authorized the re-subdivision of the Kohl’s store property into two separate lots (Shingle Creek Crossing 6th Addition), along with the planned development of a new Building Site X. The eighth PUD amendment, which is specific to the Subject Property, was adopted February 13, 2017, and allowed for certain changes to the approved uses and allowances under the PUD and the expansion of Building Site Y (HOM Furniture), and certain size allowances for a digital sign on the Building Site Y property that would allow for on-site advertising for HOM Furniture and the adjacent 12,500-square foot addition. This request was followed by subsequent requests, adopted on November 13, 2017, to address changes associated with storm water management improvements, flexibility in the design of commercial/office uses, and building placements for Building Sites X and F (Bank of America). Additional amendments approved by the City Council included the addition of a drive-thru lane on the north side of the former Kohl’s building. The ninth PUD amendment was adopted on June 8, 2020, to accommodate a standalone car wash on Building Site E, and revisions to the list of uses allowed within the PUD. These changes included the removal of restrictions on four of the lots that restricted their use for “eating establishment” use only, and of which included Building Site E. Additional revisions approved included the removal of restrictions on group day care facilities and drop-in childcare centers, veterinarian offices (but not animal hospitals), and educational uses. The tenth PUD amendment was adopted on May 22, 2023, and revised the site and building plan for Building Site R to accommodate a revised 2,678-square foot restaurant and drive-thru, and certain sign allowances. PUD AMENDMENT Background on Request John Pierce, Real Estate Director for HOM Furniture, Gabberts, and Dock86, and Applicant representative, began communicating with City staff in June 2024 regarding the intended use of the approximately 12,500-square foot tenant space as a Social Security Administration field office. The shell tenant space was constructed in 2019; however, despite numerous proposals over the years, no viable user has been identified. When City staff learned a lease agreement had been executed on the space (refer to Exhibit C), City staff informed the Applicant that the proposed use (“governmental offices”) was not a permitted use at that location per the approved PUD development plans, and that as a TIF agreement had been executed, this could be considered a default under the agreement if not remedied. This was due to the fact that when HOM Furniture received approvals under City Council Resolution Nos. 2017-25 and 2017-174 (Exhibit D), the aforementioned approvals included tax increment considerations by the City’s Economic Development Authority (EDA) to address costs associated with certain stormwater improvements and the City’s EDA entered into a Tax Increment Finance (TIF) App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 4 agreement with HOM Furniture to renovate the former Kohl’s building, construct an approximately 24,000-square foot addition, of which included the 12,500-square foot addition intended for multi- tenant retail, and future improvements for Pad Site X. The Applicant is requesting changes to the uses allowed within the PUD that would allow for “governmental offices” to be considered a permitted use within the Shingle Creek Crossing Planned Unit Development (PUD) and on the Subject Property. Approval of a major Planned Unit Development amendment is necessary to forward the proposal to relocate the Social Security Administration field office into the Subject Property’s approximately 12,500-square foot space. The Shingle Creek Crossing shopping center is zoned PUD/C2 (Planned Unit Development/Commerce) District. Although the underlying C2 District was retired following adoption of the City’s new Unified Development Ordinance (UDO) in January 2023, certain provisions were outlined under Section 35- 2103.e (Existing Planned Unit Developments) that allow the PUD to remain in effect and in accordance with prior zoning regulations: Per Section 35-8306 (PUD Amendments), a “major amendment” is triggered where there is an introduction of a new use that is not included within the PUD approval, and in these cases, an applicant shall go through the same process established in Section 35-8303, including consideration by the Planning Commission and City Council. Image 1. 2017 Concept Site Plan of Subject Property and Proposed Retail Space (Archnet USA). App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 5 Image 2. 2017 Concept Architectural Rendering of New Multi-Tenant Retail Space (Archnet USA). In 2017, then Applicant HOM Furniture submitted a Planning Commission application with their overall vision and timeline for the former Kohl’s site. Within the application, they noted (Exhibit D): App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 6 In the case of the Shingle Creek Crossing PUD, no provisions were outlined for “governmental offices” in the shopping center or within the approximately 24,000-square foot addition. City Council Resolution No. 2017-25, which approved the approximately 24,000-square foot addition, specifically noted the following as part of the conditions of approval: The staff report prepared for Planning Commission Application No. 2017-001 outlined that the “two- story addition will allow for the first floor to be available for 11,805 sq. ft. of new retail (multi-tenant) space, while the upper portion of 12,817 sq.ft. will be opened up to the 2nd floor of the HOM store and used for additional floor/display area.” The parking breakdown provided for Building Site Y, of which includes the former Kohl’s (now HOM Furniture), 2nd floor HOM Furniture addition, and 1st floor multi- tenant retail addition, anticipated a parking ratio of 1 parking stall per 1,000 square feet for HOM Furniture, and 4.5 parking stalls per 1,000 square feet for the 1st floor multi-tenant retail (53 stalls total). The rationale for HOM’s limited parking needs was based off HOM Furniture locations in other cities, the showroom and warehouse floor format of their stores, which are less intense than a typical retail shopping store, and more limited customer traffic. The approvals granted for the Subject Property also outlined options for a future “Building Site X,” which has not progressed as a development site. The approval of future Building Site X, which was proposed south of Building Site F (Bank of America) granted a pathway for certain flexibilities in use and included options for retail, restaurant/retail, or medical/office. While office uses typically park at a lower parking ratio than retail, the Shingle Creek Crossing Master PUD plans note that parking for future Building Site X is to be shared between Buildings X and Y (HOM Furniture/addition) at a ratio of 2.74 parking spaces per 1,000 square feet. This assumed an approximately 32,870-square foot medical/office building on Building Site X. Criteria for Reviewing a PUD Amendment Section 35-8304 (PUD Criteria) notes that, in addition the criteria set forth in Section 35-7703 of the UDO for conditional use permits, which does not apply in this case as the Shingle Creek Crossing App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 7 development is an existing Planned Unit Development, the City Council shall base its decision upon the following additional criteria: a. Compatibility of the development plan with the standards, purposes, and intent of this section; b. Consistency of the development plan with the goals and policies of the Comprehensive Plan; c. The impact of the development plan on the neighborhood in which it is to be located; and d. The adequacy of internal site organization, uses, densities, circulations, parking facilities, public facilities, recreational uses, open spaces, and buffering and landscaping. In this particular case, criteria d is relevant given that the request is for consideration of a use not previously contemplated for the Shingle Creek Crossing PUD or for the Subject Property, which was intended for multi-tenant retail. So too are criteria a through c as they address whether the proposed use would be compatible with the approved Shingle Creek Master PUD Plan standards and purposes, its ability to address the goals and policies laid out within the City’s 2040 Comprehensive Plan, and the impact of the Social Security Administration field office in the context of the neighborhood in which it would be located. The underlying C2 (Commerce) District allows for certain “service/office” uses permitted in the City’s old C1 District, including “governmental offices;” however, with the demolition of the Brookdale Mall, Shingle Creek Crossing was envisioned to replace Brookdale as a destination shopping center, and with commercial uses typically found within a retail shopping center. Image 3. Proposed Interior Layout of Social Security Administration Field Office on Subject Property. Proposed Operation and Use The Applicant provided a narrative, interior layout, and architectural buildout set as part of their application submittal (Exhibit A), which identifies a 36-seat waiting area near the dedicated public entrance on the west side of the building, public restrooms, a guard desk, VIP kiosk, writing counters, and partitioned counters for customers. The eastern half of the building includes a separate employee only entrance, employee restrooms, cubicle and office space, a conference and break room, and a storage room. The Applicant noted: “The SSA field office provides critical public services such as retirement, disability, and healthcare benefit management for Brooklyn Center and the surrounding areas. The high visitor volume App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 8 underscores the community’s reliance on these services. The establishment of a government office in this location will enhance the availability of public services for the residents of Brooklyn Center and the surrounding areas. Government offices provide essential services such as public safety, administrative functions, and public outreach.” The Applicant provided a report from September 2024 that identified almost 65% of visitors to the existing Social Security Administration office off Northway Drive as residents of or within a 4.5-mile radius of Brooklyn Center (1,258 of the 1,950 total customers that month). In analyzing the zip codes provided within the 4.5-mile radius, four zip codes (55429, 55430, 55422, and 55444) are used within the City of Brooklyn Center. For September 2024, 529 of the existing Social Security Administration office’s visitors were from Brooklyn Center or adjacent to (approximately 27% of its total visitors). The median age of a visitor to the Social Security Administration office is identified as 33 years of age. The Applicant states in their narrative that the SSA office has a positive economic impact on local businesses with approximately 50,000 visits per year, with an average of 110 visitors per day, and that the SSA office supports local businesses by driving foot traffic to establishments with the majority of impact within a 1-mile radius; however, visitor behavior data provided by the Applicant from Placer AI notes that just 6% of visitors frequent nearby shopping centers, and 5% visit grocery stores in the area. 12% of visitors continue on to local shops and services, and 13% of visitors proceed to local dining establishments within a 3-mile radius. The majority of visitors appear to be coming directly from their homes prior to an appointment (41.3%) and heading home following their appointment (33%). While the Applicant reasons that the above numbers demonstrate the proposed Social Security Administration office as significantly contributing to the local economy by encouraging spending in nearby businesses, City planning staff does not agree with the above conclusion. As proposed, the Social Security Administration office would provide 28 office jobs (e.g. claims specialists, deputies, and management), and operate Monday through Friday between the hours of 7 a.m. and 5:30 p.m. for employees, and 9 a.m. to 4 p.m. for the public. Visits from the public are through a mix of scheduled and walk-in appointments, and would provide the following services: • Retirement benefits • Disability benefits • Survivor benefits • Family benefits • Supplemental Security Income (SSI) • Medicare Enrollment and Assistance • Medicare Part D Enrollment • Social Security Card Replacements • Direct Deposit Enrollment for Benefits • Benefit Verification Letters • Tax Forms (1099/1042S) • Tax Withholding Assistance Social security card services such as replacements are not currently provided at the existing Brooklyn Center office but would be provided as part of an expanded location. The next nearest card processing center is located at the Twin Cities Card Center location on Chicago Avenue in Minneapolis. Other metro Social Security Administration locations include Bloomington and St. Paul. The Applicant indicated that, while the Social Security Administration has an option to stay at their current location off Northway Drive in Brooklyn Center, their GSA (General Services Administration) representative notified the landlord of their requirements, of which include an extensive expansion to accommodate their building requirements and the Social Security Administration’s new standards. This App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 9 is in effect the driver for identifying a new location. Comprehensive Plan The Applicant indicates in their narrative that the proposed use, “aligns with the City of Brooklyn Center’s Comprehensive Plan, while encouraging the adaptive reuse of properties to meet changing community needs and supporting the provision of essential community services boosting the local economy of Brooklyn Center. Government offices is a permitted use in the C2 zoning district which overlays the Subject Property.” The entirety of the Shingle Creek Crossing shopping center, including the Subject Property, is located within the “Transit-Oriented Development” future land use designation under the City’s 2040 Comprehensive Plan. Chapter 3 (Land Use & Redevelopment) of the City’s 2040 Comprehensive Plan provides that while the Shingle Creek Crossing development has been redeveloped to include a few national big-box sites and small strip retail within the last 10-years and in an auto-centric pattern, it was important to guide it to TOD to provide a path for a more compact and transit-minded development pattern. The Comprehensive Plan further notes that the City has experienced significant change in the past decade with respect to its changing demographics and land. The City was once known as the northwest metro’s regional retail center with Brookdale Mall and numerous supporting retailers and service providers. As the landscape of retail shifted and changed, the City’s core economic engine fizzled out leaving a large contiguous area of vacant and underutilized land in the core of the City. This loss has been felt for over a decade as the City has studied, re-studied, and studied again the opportunities for the area. Although market conditions have continued to impose barriers on forwarding Phase I of the City’s Opportunity Site redevelopment, which was approved in August 2022 and is located directly across from the Subject Property, City staff are optimistic and have more recently undertaken additional measures to develop the Opportunity Site. These measures include the recent adoption of the Opportunity Site Master Plan, which had been underway since 2018. Continued efforts to obtain grant and legislative funding to forward new stormwater and road infrastructure would provide additional avenues for forwarding a new downtown for Brooklyn Center, which, in turn could provide greater possibilities to increase the desirability of vacant lands and tenant spaces nearby. Despite the closures of Walmart and Applebee’s within Shingle Creek Crossing in 2023, the shopping center has seen renewed interest from users more aligned with the demographics and needs in Brooklyn Center, rather than the national chains the shopping center was originally envisioned for. The former Walmart was re-occupied in less than one year by Empire Foods, while Applebee’s reopened as Dos Hermanos Mexican Grill & Bar. Other tenant spaces were re-filled with users like Michoalandia (ice cream), 102 Boba (boba tea), Harold’s Chicken, and Building Site R, which sat vacant for years, is nearing completion with its construction of a Pollo Campero restaurant and drive-thru. Icon Beauty, who was a long-term tenant within the shopping center, purchased the former Discount Tires building, also located within the shopping center, for an expanded location. In reviewing the submitted documentation from the Applicant, and in reviewing other “governmental offices” in Brooklyn Center, City staff has concerns regarding the complementariness of a “governmental App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 10 office” use at this location as shopping centers, in general, are typically designed to support retail, dining, and other customer-facing services that drive foot traffic and economic activity. While governmental offices often provide some face-to-face contact, these uses typically do not attract the same level of shoppers or contribute as robustly to a shopping center’s experience or vitality. As governmental offices typically operate during the daytime hours, and not on weekends, these uses often have less urgent traffic patterns, which are sometimes in conflict with the more dynamic nature of a shopping center and its tenants. Unlike stores or restaurants, which rely on regular visits from customers and purchases, governmental offices like a Social Security Administration office often serve as a more passive use. Further, and with the previously outlined obligations of the approved PUD and TIF Agreements aside, the Subject Property and Shingle Creek Crossing shopping center are positioned in the core of Brooklyn Center, where valuable real estate should be optimized for its maximum potential use. It is assumed that the Applicant and HOM Furniture would desire a user that would be complementary to their business and perhaps court customers who would frequent their showroom and purchase their products. Considering the Applicant identified the majority of Social Security Administration office users as being local to Brooklyn Center, it is presumed that the location of this office on the Subject Property would fail to draw from a broader customer market. Public Notification As the requested amendment required public notification, a public notice was submitted to the Brooklyn Center Sun Post for publication on October 31, 2024, and notices were mailed to surrounding property owners and physical addresses. Following failure to meet quorum at the November 14, 2024 Planning Commission meeting, a public notice was re-submitted for publication in the November 28, 2024 Brooklyn Center Sun Post for the December 9, 2024 City Council meeting. Pursuant to Minnesota Statutes Section 15.99, a 60-day letter of extension was issued to the Applicant on December 2, 2024 (Exhibit B). The two major owners in proximity to the Subject Property include Gatlin Development Company (majority owner within Shingle Creek Crossing) and the City of Brooklyn Center Economic Development Authority (EDA), which owns significant acreage to the north of County Road 10 on the City’s Opportunity Site, including Phase I, which was approved in August 2022. Frank Gatlin of Gatlin Development Company did correspond with City staff regarding the proposed use and noted that while he understood the struggle of the Applicant to fill the approximately 12,500- square foot tenant space, as he himself has experienced in building out Shingle Creek Crossing’s pad sites and tenant spaces, he did not think that, “this particular tenant will be of any help to Shingle Creek as far as bringing in retail customers.” Mr. Gatlin noted that it would fill a dark space and the location is far enough from his retail that it likely would not have a negative impact, but it would also not have a positive impact with the exception of having less empty space. Mr. Gatlin noted that he did not explicitly have any objection to the use other than having a desire to find better users to complement the center and create more traffic. Findings From the planning perspective, of which included a review of the 2011 Shingle Creek Crossing PUD Master Plans and documents, Planning Commission Application Nos. 2017-001 and 2017-007, the City’s App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 11 zoning provisions, and the 2040 Comprehensive Plan, City planning staff finds that the requested amendment to allow "governmental offices" within the Shingle Creek Crossing Planned Unit Development (PUD) and to replace the previously approved multi-tenant retail use for the property at 2501 County Road 10 is: a) Inconsistent with the Vision of the Shingle Creek Crossing PUD The proposed amendment is not aligned with the established vision and objectives of the Shingle Creek Crossing PUD. While "governmental offices" are permitted within the underlying C2 (Commerce) District zoning designation as one of the limited C1 (Service/Office) District uses, this use is fundamentally different from the intended purpose of the shopping center. "Governmental offices" are not typically a catalyst for vibrant, customer-driven development. In contrast, the existing PUD was designed to prioritize retail and service-oriented businesses that attract foot traffic, economic activity, and contribute to the dynamic character of the area that would be in near proximity to the City’s future downtown. The inclusion of governmental offices would not effectively support the long-term growth or redevelopment goals of the shopping center, which should remain focused on attracting commercial tenants that foster an engaging, consumer-oriented environment. b) Not the Highest and Best Use for the Subject Property Although there is a recognized need for public services in Brooklyn Center, not every use is appropriate for every location. The Subject Property, of which includes approximately 12,500 square feet of prime retail space with high visibility from County Road 10 and nearby Highway 100, was designed to accommodate retail or customer-facing businesses that serve the needs of the community. A "governmental office" use, while permitted, would fail to capitalize on the property’s potential to generate commercial activity and would not be consistent with the shopping center’s intended purpose. The proposed use would neither maximize the economic potential of the space nor provide a meaningful benefit to the broader Shingle Creek Crossing PUD. In short, City planning staff does not feel “governmental offices” are the "highest and best use" for this location and would be at odds with the economic competitiveness goals identified within the City’s 2040 Comprehensive Plan and the City Council’s strategic priorities, of which include a provision to “strengthen and diversify business development and housing.” c) Potential Impacts on Future Development and Economic Growth Allowing "governmental offices" within the Shingle Creek Crossing PUD could potentially hinder future development opportunities, particularly along the eastern edge of the shopping center, where future growth potential remains both on the Subject Property (Future Building Site X) and additional pad sites and tenant spaces to the west. While the Applicant identifies a high volume of customers to the proposed Social Security Administration office, the data provided by the Applicant from Placer AI suggests that the proposed “governmental office” use would not significantly increase foot traffic or customer visits to the existing businesses in the area, which are essential for the success of the shopping center. Retail, restaurant, and other select service and entertainment-oriented spaces, by contrast, are more likely to generate the customer volume needed to support and drive growth within the PUD. Therefore, the proposed amendment risks stalling or reducing the overall economic activity in the center and could have long-term detrimental effects on its viability as a vibrant commercial hub. The tenant space, although flexible, was constructed to orient towards County App. No. 2024-012 11/14/2024 (Original) | 12/09/2024 (Revised) Page 12 Road 10 and Shingle Creek Parkway with large, oversized windows, and an oversized sidewalk area that could accommodate outdoor seating. City planning staff want to reiterate the critical role the Social Security Administration (SSA) and other government agencies and offices play in providing public services that support individuals and families through their various life stages and challenges. Services such as the administration of benefits, including retirement, disability, survivor, and family benefits are essential for ensuring the economic security and healthcare access for millions of Americans, and thousands of Minnesotans. While these functions serve a vital role to public welfare, the goals and function of “governmental offices” do not necessarily align with the purpose of Shingle Creek Crossing. RECOMMENDATION Given the analysis above, City planning staff recommends City Council deny the requested amendment to the Shingle Creek Crossing Planned Unit Development to allow "governmental offices" as a permitted use within the PUD and at the Subject Property located at 2501 County Road 10. Additionally, City staff recommends the termination of the Tax Increment Financing (TIF) Agreement entered into between KKMBA Brooklyn Center LLC (“the Applicant”) and the Economic Development Authority of Brooklyn Center, and dated December 11, 2017. The Applicant has indicated they are willing to voluntarily terminate the TIF agreement, but only if granted approval of the PUD amendment to allow for “governmental offices.” Note: City planning staff recommends denying the major Planned Unit Development amendment based on the staff report findings; however, if City Council supports allowing "governmental offices" within the Shingle Creek Crossing PUD, City staff advises the City’s Economic Development Authority to proceed with approval of a TIF termination agreement. ATTACHMENTS Exhibit A — Planning Commission Application No. 2024-012 Documentation and Proposed Interior Layout, dated October 15, 2024, and November 12, 2024. Exhibit B — Original Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated October 31, 2024; Revised Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated November 28, 2024; and 60-day extension letter issued to Applicant KKMBA Brooklyn Center LLC, and dated December 2, 2024. Exhibit C — Lease Brochure for 2501 County Road 10, prepared by Premier Commercial Properties, undated. Exhibit D — Planning Commission Application No. 2017-001 Narrative, dated December 12, 2016, and City Council Resolution Nos. 2017-25 and 2017-175. Narrative for the PUD Amendment Application for Lot 2 Block 2, Shingle Creek Crossing September 30, 2024 Applicant: John Pierce/KKMBA Brooklyn Center LLC 10301 Woodcrest Drive NW Coon Rapids, MN 55433 763-300-5646 JPierce@HOMfurniture.com Parcel Description/Fee Owners: Addition Name: Shingle Creek Crossing Lot 2 Block 2 Property Address: 2501 County Road 10 Brooklyn Center, MN 55430 Owner Address: KKMBA Brooklyn Center LLC 10301 Woodcrest Dr. NW Coon Rapids, MN 55433 Exhibit A Planned Unit Development (PUD) Amendment Proposal Proposal Overview: This amendment to the existing Planned Unit Development (PUD) is proposed to allow Government Office Use as a permitted use at the property located at 2501 County Road 10, Brooklyn Center, MN. Specifically, the Social Security Administration (SSA) intends to operate a field office at this location to serve the public with various social security-related services. Requested PUD Amendment: The applicant requests an amendment to the PUD ordinance to include "Government Office" as a permitted use within the development’s zoning designation for 2501 County Road 10. This will allow government entities to establish and operate offices at the subject location, facilitating public services to the community. Legal Description of Property: Parcel 1: Lot 2, Block 2, Shingle Creek Crossing, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2: Nonexclusive appurtenant easements for ingress and egress in favor of Parcel 1 over Outlot A, Shingle Creek Crossing 6th Addition, as created in Declaration of Access and Watermain and Sanitary Sewer Easements and Restriction dated February 15th, 2018, recorded February 21, 2018, as Document No. T05512732. Justification for Amendment: 1.Community Need: The SSA field office provides critical public services such as retirement, disability, and healthcare benefit management for Brooklyn Center and the surrounding areas. The high visitor volume underscores the community’s reliance on these services. The establishment of a government office in this location will enhance the availability of public services for the residents of Brooklyn Center and the surrounding areas. Government offices provide essential services such as public safety, administrative functions, and public outreach. The SSA field office will enhance the availability of critical public services such as retirement, disability, and healthcare benefit management for the residents of Brooklyn Center and the surrounding areas. 2.Consistency with Comprehensive Plan: The proposed use aligns with the City of Brooklyn Center’s Comprehensive Plan, while encouraging the adaptive reuse of properties to meet changing community needs and supporting the provision of essential community services boosting the local economy of Brooklyn Center. Government offices are consistent with the goals of providing accessible public services. Furthermore, Government Office is a permitted use in the C2 Zoning district which overlays the subject Property via Section 35-322.1.d of Brooklyn Center City Code. 3.Compatibility with Surrounding Uses: The surrounding properties include a mix of commercial and institutional uses with the SSA office being compatible to the surrounding area. I’ll discuss the compatibility in more detail below using metrics and data pulled from Placer AI, US Census Data and other sources. The biggest take away should be the moderate impact on traffic that is management within the existing infrastructure and supports the economic vitality of nearby businesses. The real impact should be focused on the increase of visitors to local dining, retail, grocery and services that will be patroned by the users of the SSA prior to and following their visits to the Property. This use is expected to function efficiently within the existing development. 4.Economic Impact: The SSA office has a positive economic impact on local businesses. With 50,000 annual visits and a notable percentage of visitors shopping and dining in the area post-visit, the office generates indirect economic benefits for nearby retail and service industries. The SSA office supports local businesses by driving foot traffic to establishments; with the majority of impact within a 1-mile radius. Social Security Administration (SSA) Services: The SSA field office at 2501 County Road 10 will offer the following services to assist the public:  Retirement Benefits  Disability Benefits  Survivor Benefits  Family Benefits  Supplemental Security Income (SSI)  Medicare Enrollment and Assistance  Medicare Part D Enrollment  Social Security Card Replacements  Direct Deposit Enrollment for Benefits  Benefit Verification Letters  Tax Forms (1099/1042S)  Tax Withholding Assistance These are just a few of the many services that the SSA provides to help individuals manage and apply for benefits. SSA Operating Hours and Visitor Statistics:  Public Hours: The Brooklyn Center SSA field office will be open to the public from 9:00 AM to 4:00 PM daily.  Staff Hours: The office will operate internally from 7:00 AM to 5:30 PM to allow staff to manage office functions and appointments. During the pandemic, SSA offices were temporarily closed to the public. However, they have now reopened and are fully operational, including the Brooklyn Center location. On average, the Brooklyn Center field office receives approximately 110 visitors per day, translating to an estimated 40,000+ visits annually. These visitors include a mix of scheduled appointments and walk-ins, underscoring the importance of having this office within the community. The steady flow of visitors highlights the need for accessible government office space within the community. Proposed Space Layout: Economic Impact: Based on data from Placer AI, the following demographic and behavioral insights highlight the importance and community benefits of the SSA office: Median Household Income: The median household income of visitors to the SSA field office is approximately $63,000, reflecting a diverse socioeconomic population. Median Age: The median age of visitors is 33 years, indicating that the SSA serves a broad spectrum of age groups, including working-age adults and families. Visitor Behavior: o Over 40% of visitors travel directly from their homes to the SSA office. o After visiting the SSA office, 13% of visitors proceed to local dining establishments within a 3-mile radius, contributing to the local food industry. o 12% of visitors continue to local shops and services, boosting the local retail economy. o 6% of visitors frequent nearby shopping centers, further supporting local businesses. o 5% visit grocery stores in the area, underscoring the SSA’s role in driving foot traffic to essential services and retail outlets. This data demonstrates that the SSA office not only provides vital services but also significantly contributes to the local economy by encouraging spending in nearby businesses. Visitor Demographics relating to Economic Impact: Proposed Development Standards: The development will adhere to the following conditions and standards: 1.Permitted Use: o The operation of the SSA office as a permitted Government Office Use will be allowed. 2.Parking Requirements: Adequate parking must be provided to accommodate the daily visitor count and staff requirements, in line with the City’s Zoning Ordinance. 3.Signage: Signage must comply with the City’s sign ordinance, and additional signage must be approved by the City as part of the site plan review process. Public Hearing and Notification: In accordance with the City of Brooklyn Center’s zoning ordinance, a public hearing will be held to consider this PUD amendment. Notice will be provided to neighboring property owners, and the hearing will be advertised as required. Conclusion: The proposed PUD amendment to allow government office use at 2501 County Road 10, specifically for the SSA field office, is in the public interest and supports the community’s need for essential services. The use is consistent with local planning objectives, contributes to the local economy, and is compatible with surrounding developments. Recommended Action: The City of Brooklyn Center Planning Commission and City Council are requested to approve the proposed PUD amendment to allow government office use at 2501 County Road 10, subject to the conditions outlined above. Submitted by: John P. Pierce Email: JPierce@HOMfurniture.com Mobile: (763) 300-5646 PUD Amendment PC2024-0011 November 12, 2024 To address the PUD Amendment, I contacted Kovas Palubinskas, the GSA Broker, to understand the available options for retaining the Social Security Administration (SSA) at its current location in Brooklyn Center. Kovas informed me that while the current landlord did submit a Letter of Intent to retain the SSA, the GSA outlined significant expansion requirements for the building to meet SSA’s new standards. The current site could not meet these requirements, resulting in the SSA needing to relocate. Without our submission of a Letter of Intent for them to move into our proposed space, the SSA would have left Brooklyn Center, along with the economic benefits their visitors bring to local businesses, restaurants, and retailers. Additionally, Kovas and Oscar Villalobos (SSA Field Services) sent the below data (“Exhibit 11.12” on page 2) from September 2024 on visitor demographics. The report revealed that nearly 65% of SSA visitors, equating to 1,258 out of 1,950, were Brooklyn Center residents. This data highlights the significant local impact of keeping the SSA in the city for the support of your constituents alone. I would like to highlight that the new SSA location will employ 28 staff members daily. Starting salaries for these positions are at the GS-5 Pay Scale, ranging from $41,000 to $54,000 annually. Additionally, the field office will include claim specialists, deputies, and management, with some salaries reaching over $150,000. Retaining this employee base is essential for stimulating the local economy, as it supports surrounding businesses such as retail stores, restaurants, and gas stations (as detailed in my initial narrative). “Exhibit 11.12” Applicant: John Pierce/KKMBA Brooklyn Center LLC 10301 Woodcrest Drive NW Coon Rapids, MN 55433 763-300-5646 JPierce@HOMfurniture.com Parcel Description/Fee Owners: Addition Name: Shingle Creek Crossing Lot 2 Block 2 Property Address: 2501 County Road 10 Brooklyn Center, MN 55430 Owner Address: KKMBA Brooklyn Center LLC 10301 Woodcrest Dr. NW Coon Rapids, MN 55433 Exhibit B December 2, 2024 KKMBA Brooklyn Center LLC Attn: John Pierce 10301 Woodcrest Drive NW Coon Rapids, MN 55433 RE: City of Brooklyn Center, MN Planning Commission Application No. 2024-012 Request for a Major Amendment to the Shingle Creek Crossing PUD – 2501 County Road 10 Mr. Pierce: Pursuant to Minnesota Statutes Section 15.99, the City of Brooklyn Center is required to approve or deny a written request for certain land use actions within sixty (60) days from receipt of an application. Community Development Department records indicate the City received the above-referenced application and documentation on October 15, 2024, which means the City’s 60-day time limit would expire on December 14, 2024. By allowances granted under Minnesota Statutes Section 15.99, Subd. 3(f), the City of Brooklyn Center is hereby providing official notice that the review period has been extended an additional sixty (60) days to allow the time necessary for City staff to re-publish a public hearing notice, following the Planning Commission’s failure to meet quorum at their November 14, 2024 meeting, and prepare a resolution for review and consideration by City Council. The new deadline for completing the review and final action on this application is now February 12, 2025; however, City staff submitted a new public hearing notice to the Brooklyn Center Sun Post for publication on November 28, 2024, and public hearing at the Brooklyn Center Council meeting on December 9, 2024 at approximately 7 p.m. This is in response to your emailed requests on November 15 and 19, 2024. If you have any questions or concerns, please feel free to call me at (763) 569-3319 or email gmcintosh@brooklyncentermn.gov. Sincerely, Ginny McIntosh Planning Manager Retail Space for Lease 2501 County Road 10 Brooklyn Center, MN AVAILABLE SPACE •12,500 Total square feet •Six bays available for lease •12,500 SF Demisable to 1,558 SF •Building and Digital reader board Signage available on Hwy 100 •Shell space with dirt floor •Generous tenant improvement allowance available for a term lease •Potential patio space available •Abundant parking PROPERTY DETAILS Lease Rate: $15 / SF NNN FOR MORE INFORMATION, CONTACT Richard Lee 612-270-0354 richlee@premiercommercialproperties.com Exhibit C Trade Area Demographics 1 Mile 3 Mile 5 Miles $76,034 $76,036 $82,492 Est. Avg. Income Est. Avg. Income Est. Avg. Income 13,361 118,211 318,953 Est. Population Est. Population Est. Population 4,778 43,542 122,102 Est. Households Est. Households Est. Households Space Details •Shell space ready for tenant finishes •Plumbing stubs to the suites •Ability to add plumbing and electrical in floor •HVAC units in place •Building Signage above Tenant space •Digital reader board on Hwy 100 •14’Ceilings •Electrical panels in each bay TENANT SPACE 12,500 SF AVAILABE 16,200 VPD (MNDOT) ~-----,-.u-v-v-~~ o,;v---- Date Received: ______ , __ Da te ApplkattOII c~mplete: ----- l Letter ufCompleteness: _ Application No.-----~-----------... , _____ ..... _. Planning & Development Application A preliminary meeting with the Planning and/or Engineering Staff Is required prior to the submission of a Planning· Application. No application will be accepted prior to such meeting. ctty Staff shall have five (5) business days to review applications for completeness. The 60.day statutory review period does not begin until staff determines the application Is complete. Application Request (Mark all that Apply} ~-Site & Bulldh;gPian ------. Planned Unit Development I X I ($750) ·--r···--±=Rezoning $1,050 ..l..!..-..___-'------1 Variance _j J1200) - Applicant Information: Name: HOM Furniture. Inc , ___ (l.!..$1,800 PUD Amendment 1--x--+--· _ ($7~o) ··---·· Special Use Permit $200) Address: j030J Woodcrcst Dri ve NW. Coon Rapids. M1'J 55433 Phone:· 763 -767 -3600 Email: wjohansen@;,homfumitwl(.co.m._ Owner lnformatJon'~ (if d(f]'erent {rom Applicant): Subdivision Approval 1---1-----'~~-. Appeal ($200) ~------+-----~~-~ Determination ,______, __ ~($2!!QL_ __ SHINGLE CREEK LLC Name: CITY OF BROOKLYN CENTER Lot 1, Block 2 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 Lot 2, Block 2 1301 RIVEPPLN~E BLVD #1900 JACKSONVILLE FL 3:1::?07 Address: Phone: _{j ~ V-37 9-Lf11 '/ Email: _/3M/:. @g_a-ft;, de. C o'h Cell: " The fl>i: Iitle owner nf tlw pruperty must sign this Appllcalio11 trJ mak tt Please provide a general description of your Application Request :_---iis!l:e!i..e .llna!!!r'-L!ra!!!tl!lv.!i!.e.ul n.!!oc:!-!!1 u!l!d.li.ledo!..,;w!!.U.lth~a PI!IP~Ii!ltca~t~io~n!.--- ~ tJ!"T ... t e::z•. I!!!L.II!'.l£! .. s .. .Ji&.ll &&b&.tsd!LJ S QJ!!J . __ ( ::ae: ~ L -~ C:1ty of Brookl yn t"'.lnler -Bu.,ines s and Development ·• 6301 Shingl e C'ruek J>kwy · Brooklyn (en tel MN 55430 (76 3) 56CJ·.l 33!i Plannmg Application Page I Rev.ll3 .14 .2016 Exhibit D Address/Location of Property: 25 01 County Ro ad 10, Brooklyn Center. MN 554 30 Legal Description of Property: PID 0211821310062 and PID 0211821240022 Lot s 1 & 2, Blo ck 2 Shingl e Cr eek Cro ss ing The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen {15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for Engineering, Planning and l egal expenses reasonably and necessarily required by the City for the processing of the application . Such costs will be in addition to the application fee described herein. Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Application Fee$ _____ _ Acct No. 10100-4403 Receipt No. ______ _ Ci ty of Brookl yn Cent er -Bu s in ess a nd D evelo pme nt -630 1 S hi ng le Creek Pkwy -Brooklyn Cent er MN 55430 (763) 569 -3335 Pla nnin g Applicati o n P age 2 Rev. 03.14.201 6 City Use Only City Use Only City Use Only Planning Commission Recommendation Dates of PC Consideration Legal Notice Notices Mailed Action Taken App r oved Published Re solution No. __ Approved __ Denied this ____ day of ------------20 ___ ___J subject to the following conditions: Chairman City Council Action Dates of Council Legal Notice Notices Mailed Action Taken Approved Performance Consideration Published Resolution No. Bond Received __ Approved __ Denied this ____ day of -------------20 ___ _, with the following amendment: Clerk/Planning Commi ssion Secretary C it y o f Brooklyn Ce nter -Bus iness and Deve lopment -63 0 I Shingle Cree k Pkwy -Broo k lyn Center MN 5543 0 (763) 569-3335 Pl annin g App lica tion Pa ge 3 Rev. 03.14 .20 16 HOM FURNITURE Narrative for the PUD Amendment Application for Lots 1 and 2 Block 2, Shingle Creek Crossing December 12, 2016 Applicant/Buyer Wayne Johansen/HOM Furniture 10301 Woodcrest Drive NW Coon Rapids, MN 55433 763-767-3771 Fee Owners/Sellers: Lot 1 Block 2 "EDA" Econ omic Development Authority of the City of Brooklyn Ce nter Minnesota Lot 2 Block 2 "Kohl's" Shingle Creek, LLC 1301 Riverplace Blvd #1900 Jacksonville, FL 32207 • WORLD • RUGS • SEASONAL CONCEPTS • Sellers and Buyer are parties to a Purchase Agreement for the Kohl's parcel and a future Option Agreement for the EDA parcel. To accomplish proceeding to Closing of the Kohl's property and the execution of an Option Agreement for the EDA Site, certain changes need to be made to the existing PUD Agreement governing these sites and the Shingle Creek Crossing. Once in place and agreed upon, the Buyer can proceed to an application for a Tax Increment Financing Agreement with the City and then close on the Kohl's site. Overall Vision and Timeline The Sites will not need to be subdivided and lot lines can be left as is . The Buyer's initial plan is to correct the existing blight of the Kohl's building through transforming Kohl's into a HOM Furniture store with a 2 level 24,000 square foot addition . The upper floor of this addition will be additional showroom space for HOM and the first level will be market rate retail space for rent. Timing of this Phase will begin after successful PUD, TIF, and ECR Agreements/ Amendments are in place and other supporting documents have been executed. Once the Kohl's property is closed and building permits have been obtained, HOM w ill immediately begin to demo and expand the former Kohl's into a HOM Showroom and added retail space. HOM has been through this renovation process numerous times in various cities. Its group of responsive contractors and in house staff will comp lete the project efficiently. Additional development will be market driven. Our plan is to develop the non-HOM balance of the site with aggressive marketing over the next 2 to 4 years by adding comp l imentary uses to the existing sec Development such as a 48,000-square foot Medical Office facility and a Retail/Commercial bu i lding of 14,000 square feet on the EDA Par cel. If market conditions and demand dictate some other allowed uses, we are nimble and will accomp li sh the ultimate goal of fully developing the site to its densest and most complimentary use for the area . Process After Closing • Demo the inside of the Kohl's building • Reskin much of the exterior simi l ar to the conceptua l elevation drawings using updated building materials • Replace or repair any outdated or inefficient mechanicals • Build out the interior to HOM specific store standards • Add a 2 story, 24,000 square foot addition to the NW side of the existing Kohl's building as shown in the attached elevations and Site Plan; the 2nd floor for additional HOM Furniture space and the 1st floor as market rate retail space. • Replace/repair the roof as needed • Grand Opening • Lease and build out the new first level retail rental space Again, HOM is motivated to see the balance of the site developed as soon as is practical. It will enhance our sales with more activity and contribute to the overall success of Shingle Creek Crossing which makes us all win. HOM and its affiliated entities are excited to accomplish this vision. We have developed or redeveloped over 2.5M square feet of real estate and currently own or manage over 3 million square feet which is 99% occupied. Our in-house property management team makes sure things look sharp and function well. Amendments Required • Materials per the concept plans and amended in the PUD Agreement as follows per ATIACHMENT 17: o BUILDING MATERIALS ... Existing Kohl's building to have south, east and west faces with 50% Class I materials and 50% Class II, materials, with north side with 25% Class I and 75% Class II materials ... o Class I materials (for all buildings) shall include brick or acceptable brick- type material; marble, granite, other natural stone or acceptable natural looking stone; textured cement stucco; copper; porcelain; glass; architectural textured concrete pre -cast panels; architectural metal panels, architectural fiber cement panels, and other materials including masonry units with enhanced detailing such as patterns, textures, color, dimension, banding, and brick inlay as approved by the City Planning Commission and City Council. o Class II Materials-No Changes • SCREENING OMIT" Drive-thru or service lanes shall be screened with berming, landscaping or fencing" • Replace Sign Code language in Current PUD with the current C2 District Sign Code Language • A dynamic messages sign "OMS," of 350 square feet per side shall be allowed in a location as per the Site Plan. The beam of light shall not shine directly upon any part of a residence or into the street per requirements of Section 34 -140.3. A OMS message must remain constant for at least eight seconds. Height shall be as allowed per code and easements restrictions, if any. • Parking shall be the Current Use for Office and Retail of 4.5 spaces per 1,000 squa r e feet of building, EXCEPT that the ratio shall be 1 space per 1,000 square feet for Furniture related showroom and warehouse. See Site Plan. • Buyer shall be required to close off the Right In entrance off of Bass Lake Road during the development of the HOM store. • The EDA Parcel Agreement between EDA of Brooklyn Center and Shingle Creek, LLC dated June 28,2011 and Amended thereafter, shall be canceled and rewritten in favor of the Buyer . Language shall be included to reflect that Buyer will complete the purchase of the EDA Parcel by December 31, 2021 and complete the project within 12 months of Closing. • On the EDA Pylon Lot, PID:0211821240021-Setbacks shall be as if the EDA is one lot and not 2 lots, i.e. not a separate SCC pylon lot and EDA lot. • Water detention, if any, shall be supplied off site by the City of Brooklyn Center or the Brooklyn Center EDA. • The Prohibited uses found in Section 4.B. shall be modified as follows: o 4.B.1) Shall not apply to a Medical Office Building with typical tenants that may do surgeries, Urgent Care and treat patients in their offices. o 4.B.1} Medical and Dental Laboratories shall be allowed o 4.B.3) Educational Uses listed in Section 35-322.1.h. shall be allowed o 4.8.6} Drop in child care centers listed in 35-322.1.k. shall be allowed o 4.B.7} Gasoline Service Stations shall be allowed o 4.B.11) Animal Hospitals shall be allowed o 4.B.15} Group day care facilities shall be allowed • Any other Documents that need to be perfected or added to accomplish the development of the Site per these plans. Required Application Submissions • Kim ley-Horn has assembled the following required items to complete this Application and are attached: o Street and utility locations and sizes . A drainage plan. A grading plan. A landscape plan. A lighting plan. A site plan showing the location of all structures and parking areas. • Arch net Architects and the Buyer have assembled and included the remaining required items: o Application and Fee ($1,450). A plan for timing and phasing of the development. Covenants or other restrictions proposed for the regulation of the development. And building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development. Conclusion These changes to the current PUDwill allow HOM to develop the site to its highest and best use for the Citizens and City of Brooklyn Center, surrounding areas, and Shingle Creek Crossing. Thank you for your consideration of our Application. Sincerely, Wayne Johansen Chairman HOM Furniture cell 612.325.0205 Member Kris Lawrence-Andersoliitroduced the following resolution and moved its adoption: RESOLUTION NO. 2017-25 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-001 SUBMITTED BY HOM FURNITURE INC. AND GATLIN DEVELOPMENT COMPANY FOR PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT AND SITE AND BUILDING PLAN FOR HOM FURNITURE STORE (LOCATED AT 2501 COUNTY ROAD 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2014-75, RESOLUTION NO. 2017-25 dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2016-170, dated November 9, 2015, which approved the seventh amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, HUM Furniture Inc. and Gatlin Development Company jointly submitted Planning Application No. 2017-001, which is considered the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the PUD Amendment comprehends additional adjustments and uses not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement; and WHEREAS, Planning Application 2017-001 also provides for the official request for consideration and approval of the new Site and Building Plan for the new HUM Furniture Store with a retail store expansion on the subject site: and WHEREAS, on January 12, 2017, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the amendment to this Planned Unit Development were initially heard and noted for the record, and said hearing was tabled to the next Planning Commission meeting; and WHEREAS, on January 26, 2017, the Site and Building Plan for HUM Furniture was officially received; an updated staff report presented; public hearing was re-opened; additional public testimony was given and noted for the record; and the Planning Commission gave full consideration of both the PUD Amendment and Site and Building Plan elements of said Planning Application No. 2017-001; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating such amendments as contained in City Code Section 35-355 (Planned Unit Development); and utilizing the guidelines and standards for evaluating site and building plans as contained in City Code Section 35-230 (Plan Approval); along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this PUD Amendment No. 8 and Site and Building Plan for HUM Furniture to be an appropriate and reasonable use and redevelopment of the subject property, that standards for evaluating for evaluating such amendments and site plans have been met; and the proposal is therefore in the best interest of the community; and RESOLUTION NO. 2017-25 WHEREAS; the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application 2017-001, submitted by HOM Furniture Inc. and Gatlin Development Company, should be approved based upon the following findings and considerations: A.The allowance of the 2-story, 24,000 sq. ft. addition to the former Kohl's building, with approximately one-half of this space to be used for new multi- tenant retail spaces, and one-half to be used as additional floor space for the new HOM Furniture store, is a reasonable request; and helps promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing, and may be approved; B.The allowance of reduced amount of Class I materials along the north elevation side of the building is considered reasonable and may be approved; C.The request to grant a reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. and attributed to the newly proposed furniture showroom and warehouse only should not be detrimental or pose any threat or danger to the general public; nor injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; and is hereby considered a reasonable request and acceptable; D.The request to allow future/planned Building X to be expanded from 19,000 sq. ft. to 48,000 sq. ft. is considered a positive and reasonable increase, as the larger building will provide an increased tax base in this area, and will help promote and provide a needed medical services and a facility for the residents and surrounding community; E.The allowance of the reduced setbacks on the EDA lot for future development by HOM Inc. should not pose any problems in this area and is acceptable; F.The allowance of certain uses that were initially prohibited under the 2011 Shingle Creek Crossing PUD Agreement should be limited to the following: i.Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; ii.Medical and Dental Laboratories; RESOLUTION NO. 2017-25 iii.Educational Uses listed in Zoning Code Section 35-322.1 .h.; iv.Transient lodging, provided they are limited to hotel use only, and no motels. V.Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. G.The allowances to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing" is not recommended and should remain intact. H.The allowance to have regular C-2 Zone sign standards as found in Chapter 34, Brooklyn Center Sign Code as opposed to the approved 2011 Shingle Creek Crossing Sign Program Plan is partially approved, with an allowance to have all new wall signs comply with the C-2 Zone sign standards established under the Sign Code; and only one (1) new freestanding sign up to 250 sq. ft. along the HWY 100 frontage should be allowed, and can either be a regular static message or dynamic sign per City Code Ch. 34. 1.The proposed and general layout of all new building improvements, including reduced setbacks and any other related flexibility or reductions identified herein or the resulting resolution of approval, and on the updated Shingle Creek Crossing PUD Plans, may be acceptable and approved. AND WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission adopted Planning Commission Resolution No. 2017-01, which provides a favorable recommendation to the City Council, that this request submitted by HOM Furniture Inc. and Gatlin Development Company under Planning Application No. 2017-001, which is the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, along with the Site and Building Plan Approval of the new HOM Furniture Store development, should be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that this request submitted by HOM Furniture Inc. and Gatlin Development Company under Planning Application No. 2017-001, which is the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, along with the Site and Building Plan RESOLUTION NO. 2017-25 Approval of the new HOM Furniture Store development, that the findings of approval as noted herein are hereby acceptable, and this PUD Amendment and Site and Building Plan request is hereby approved subject to the following conditions: 1.Developer shall comply with all conditions or request of additional information as noted in the City Engineer Review Memorandum, dated January 5, 2017 2.Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by allowing the following uses: a)Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; b)Medical and Dental Laboratories; C)Educational Uses listed in Zoning Code Section 35-322.1.h.; d)Transient lodging, provided they are limited to hotel use only, and no motels. e)Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. 3.Developer is allowed to construct a 2-story, 24,622 sq. ft. addition to the former Kohl's building, with approximately one-half of this space to be used for new multi-tenant retail spaces, and one-half to be used as additional floor space for the new HOM Furniture store. 4.Developer is allowed to a reduction of Class I materials along the north elevation side of the new HOM store building, provided all other elevations receive the 50% Class I and 50% Class II ratio. 5.Developer is granted the reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. and attributed to the new HOM Furniture store use only. All other uses must maintain the 4.5/1,000 ratio as prescribed in the 2011 Shingle Creek Crossing PUD Agreement. 6.Developer is allowed to expand proposed/ftiture Building X from 19,000 sq. ft. to 48,000 sq. ft. for a medical/multi-tenant office building. A separate RESOLUTION NO. 2017-25 Site and Building Plan application will be required before any approvals are granted for the new Bldg. X improvements. 7.Developer is allowed reduced setback of 20 feet on the EDA lot (Building F) for future development if needed. A separate Site and Building Plan application will be required before any approvals are granted for the new Bldg. F improvements. 8.The allowances to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing" is not recommended and will remain intact. 9.Developer is allowed to have all new wall signs for the HOM store and retail addition comply with regular C-2 Zone sign standards under Ch. 34-Sign Code; and only one (1) new freestanding sign up to 350 sq. ft. along HWY 100 frontage, with enhanced architectural designed materials and elements that are complementary to the features of the existing Shingle Creek Crossing signs along Hwy 100. The final design and location of this new HWY 100 frontage sign shall be approved by the City. This freestanding sign may be 100% dynamic message board, or combination of static and dynamic. The Developer agrees to forgo any future freestanding sign allowance along County Road 10 (Bass Lake Road) frontage. 10.Developer must obtain a building permit and adhere to all requirements prior to beginning any removals, demolition, land disturbance work, or new construction of parking, utilities or buildings. 11.Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 12.Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 13.No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing PUD Amendment No. 8 Plans shall be comprehended or permitted under this specific approval. 14.The Developer shall enter into and execute an updated PUD Agreement or similar document) as prepared by the City Attorney. RESOLUTION NO. 2017-25 February 13, 2017 1^^ L-ZDateMayor ATTEST: jimak— viiiIiM City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Marquita Butler, April Graves, Kris Lawrence-Anderson, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2017-174 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-007 SUBMITTED BY HOM FURNITURE INC. AND GATLfN DEVELOPMENT COMPANY FOR REVISIONS TO THE PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT AND SITE AND BUILDING PLAN FOR HOM FURNITURE STORE (LOCATED AT 2501 COUNTY ROAD 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2017-25, dated February 13, 2017, established conditions for the approval of PUD Amendment No. 8 to the Shingle Creek Crossing Development and provided site & building plan approval for an expansion two story - 24,622 sf1 addition) and renovation of the Kohl's building by HOM Furniture; and WHEREAS, Planning Commission Application No. 2017-007 submitted by HOM Furniture, Inc. and Gatlin Development Company requested considerations to revisions to the General Development Plans of PUD Amendment No. 8 to address changes associated with storm water management improvements, flexibility in the design of commercial/office uses and building placements for Building Pad X and the EDA Parcel; and WHEREAS, the Planning Commission conducted public hearing on the proposed revisions on September 14, 2017 and on October 26, 2017 and has provided their recommendation and findings that Planning Commission Application No. 2017-007 is in keeping with the overall intent and vision of the Shingle Creek Crossing Development and the PUD Amendment No. 8 approval provided by City Council Resolution No. 2017-25. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that Planning Application N. 2017-007 submitted by HOM Furniture Inc. and Gatlin Development Company requesting approval of the following revisions to the Planned Unit Development Plans for the Shingle Creek Crossing PUD Amendment No 8 may be approved: 1. That the developer is allowed the flexibility in the future development of the of Building Pad Site X to include the following building sizes and uses, subject to compliance with the parking standards of the Shingle Creek Crossing PUD and Site & Building Plan approval: a)A 20,000 sf. retail building (90 parking stalls required) b)A 3 story, 32,800 sf medical center/office building (148 parking stalls) c)A 5460 sf. restaurant and 9,795 sf. retail building ( 55 and 44 stalls respectively) d)A 26,225 sf. retail building (119 parking stalls) RESOLUTION NO. 2017-174 2. That the PUD Amendment No. 8 Plans are amended to illustrate the following: a)The development of Pad Site X as a 3 story - 32,800 sf, medical center/office building. b)The development of Parcel F, the EDA Parcel, as a 4300 sf bank. c)The bio-infiltration basin and reconfiguration to the parking lot to meet the storm water improvements. d)The addition of a drive thru lane on the north side of the former Kohl's building. 3. That the City Engineer has determined that the EDA parcel was part of the 2011 storm water improvements and will be allowed to develop independent of this installation of the bio-infiltration basin. 4. The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. November 13, 2017 Date Mayor ATTEST: JWJX-411^ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Marquita Butler, April Graves, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 12/9/2024 1 City Council Meeting| December 9, 2024 Ginny McIntosh, Planning Manager Request: Major PUD Amendment (Public Hearing) 2501 County Road 10 (Shingle Creek Crossing) City Council Meeting| December 9, 2024 Ginny McIntosh, Planning Manager 1 2 12/9/2024 2 3 Background •The Shingle Creek Crossing PUD stems from what was originally the Brookdale Mall. In 1999, City Council adopted CC Resolution No. 99-37, which approved a PUD/re-zoning of the Brookdale Mall properties from the C2 District to PUD/C2. •In May 2011, what is known as the Shingle Creek Crossing PUD was approved to re-develop the Brookdale Mall. •The Shingle Creek Crossing PUD has been amended numerous times to account for future alterations/demolition of the remaining mall, re-platting/revisions to certain building pad sites, and changes to the approved uses within the Shingle Creek Crossing shopping center. 4 Background (Cont.) June 2024:City staff were informed that the approximately 12,500-square foot shell space attached to HOM Furniture (2501 County Road 10) had been leased for use as a new Social Security Administration field office. •City staff informed Applicant/Property Owner KKMBA Brooklyn Center LLC that the proposed use of “governmental offices” was not a permitted use at that location per the approved PUD development plans, and that as a TIF agreement had been executed, this could be considered a default under the agreement if not remedied. •HOM Furniture received City approvals in 2017 to: (1) renovate the former Kohl’s building, (2) construct an approximately 24,000-square foot addition, and (3) receive approvals for future improvements on Building Site X. October 15, 2024:Applicant KKMBA Brooklyn Center LLC submitted a Planning Commission application for a major amendment to the Shingle Creek Crossing PUD that would allow for “governmental offices” as a permitted use within the Shingle Creek Crossing shopping center and at the Subject Property. 3 4 12/9/2024 3 5 Background (Cont.) October 31, 2024:Public Hearing Notice published to Sun Post November 14, 2024:Planning Commission fails to meet quorum – no hearing held November 28, 2024:Per Applicant request, and in line with Section 35-7203 (City Council Action), public hearing notice re-published for December 9 City Council meeting December 2, 2024:60-day letter of extension issued to Applicant 6 Background (Cont.) •The existing Social Security Administration office is located less than a mile away at 3280 Northway Drive, but desires to enter into a 15-year lease (with total 30-year renewal) to operate an expanded field office at the Subject Property. •Per the Applicant, the SSA did not renew their lease term at their existing location as they require an expansion to meet the SSA’s new standards, with plans to vacate in early 2026 or sooner. •The approximately 12,500-square foot shell space was completed in 2019, but despite numerous proposals over the years, no viable user has been identified. •Shingle Creek Crossing shopping center is zoned PUD/C2, and while “governmental offices” is permitted as one of the limited C1 District uses allowed in the C2 District, the 2017 approval for the addition was for “multi-tenant retail” and not “governmental office” use. •As the request is for introduction of a new use not included within the PUD approval, the Applicant is required to request approval of a “major amendment” to the PUD. 5 6 12/9/2024 4 7 Background (Cont.) 8 Background (Cont.) 7 8 12/9/2024 5 9 Proposed Operation and Use 10 Proposed Operation and Use (Cont.) The Applicant provided a narrative, interior layout, and architectural buildout set as part of their application submittal, which identifies the following: Public Area •Public entrance/vestibule, 36-seat waiting area, public restrooms, guard desk, VIP kiosk, writing counters, and partitioned counters for customers Employee Area •Employee entrance/vestibule, employee restrooms, cubicle and office space, a conference and break room, and a storage room.Employment:28 staff. Hours of Operation •Monday – Friday: 7 a.m. to 5:30 p.m. (employees); 9 a.m. to 4 p.m. (public) |No weekends 9 10 12/9/2024 6 11 Proposed Operation and Use (Cont.) Visits are scheduled through a mix of scheduled and walk-in appointments and would provide the following services: Social security card services are not currently provided at the existing Brooklyn Center office but would be provided as part of an expanded location. Other existing metro locations include Minneapolis (Chicago Avenue Card Center), Bloomington, and St. Paul. 12 Proposed Operation and Use (Cont.) •Per the Applicant: “The SSA field office provides critical public services such as retirement, disability, and healthcare benefit management for Brooklyn Center and the surrounding areas. The high visitor volume underscores the community’s reliance on these services. The establishment of a government office in this location will enhance the availability of public services for the residents of Brooklyn Center and the surrounding areas. Government offices provide essential services such as public safety, administrative functions, and public outreach.” •A report pulled for September 2024 indicated that almost 65% of visitors (1,950 total) to the existing Social Security Administration office that month were residents of or within a 4 ½ mile radius of Brooklyn Center. •Of these, approximately 27% appear to be Brooklyn Center area residents (55429, 55430, 55422, and 55444 zip codes). •The median age of a visitor to the SSA office is 33 years old. 11 12 12/9/2024 7 13 Proposed Operation and Use (Cont.) •The Applicant states in their narrative that the SSA office has a positive economic impact on local businesses with approximately 50,000 visits per year, and that the SSA office supports local businesses by driving foot traffic to establishments with the majority of impact within a 1- mile radius; however, visitor behavior data provided to the City notes that just: •6% of visitors frequent nearby shopping centers; •5% visit grocery stores in the area; •12% of visitors continue on to local shops and services; and •13% proceed to local dining establishments within a 3-mile radius. 14 Comprehensive Plan and Use •The Applicant indicates in their narrative that the proposed use, “aligns with the City of Brooklyn Center’s Comprehensive Plan, while encouraging the adaptive reuse of properties to meet changing community needs and supporting the provision of essential community services boosting the local economy of Brooklyn Center. Government offices is a permitted use in the C2 district which overlays the Subject Property.” •Entirety of Shingle Creek Crossing is located within the City’s TOD future land use designation, and notes that the City has experienced significant change in the past decade regarding its changing demographics and land. •With the closure of the Brookdale Mall, the retail landscape has shifted and changed. •Although market conditions continue to pose challenges on forwarding Phase of the Opportunity Site, which is located across from the Subject Property, City staff are optimistic with the recent adoption of the Master Plan (underway since 2018). 13 14 12/9/2024 8 15 Use (Cont.) •Despite closures within Shingle Creek Crossing, the shopping center has had renewed interest from users more aligned with the demographics and needs in Brooklyn Center, rather than the national chains the shopping center was originally envisioned for. •In reviewing the documentation provided by the Applicant, City staff has concerns regarding the overall complementariness of “governmental offices” at this location as shopping centers, in general, are typically designed to support uses like retail, dining, and other customer-facing services that drive foot traffic and economic activity. •While “governmental offices” provide some level of face-to-face contact, these uses do not typically attract the same level of shoppers or contribute as robustly to a shopping center’s experience or vitality. •Operation during daytime hours (no weekends or evenings), less urgent traffic patterns (sometimes in conflict with dynamic nature of shopping center), and generally more passive use that is not reliant on customers and purchases. 16 Use (Cont.) •PUD and TIF Agreements aside, the Subject Property and Shingle Creek Crossing are positioned in the core of Brooklyn Center, where valuable real estate should be optimized for maximum potential use. •It is assumed that the Applicant and HOM Furniture would desire a user that would be complementary to their business and perhaps court customers to frequent their showroom and purchase their products. 15 16 12/9/2024 9 17 Criteria for PUD Amendment Section 35-8304 (PUD Criteria) notes that, in addition to the criteria outlined in Section 35-7703 for conditional use permits, which does not apply for this PUD, the City Council shall base its decision upon the following additional criteria: a. Compatibility of the development plan with the standards, purposes, and intent of this section; b. Consistency of the development plan with the goals and policies of the Comprehensive Plan; c. The impact of the development plan on the neighborhood in which it is to be located; and d. The adequacy of internal site organization,uses, densities, circulations, parking facilities, public facilities, recreational uses, open spaces, and buffering and landscaping. 18 Public Notification •A public hearing notice was published in the Brooklyn Center Sun Post on October 31 and November 28 and mail notices were mailed to the surrounding property owners and physical addresses. •The two major owners in proximity to the Subject Property include Gatlin Development Company (Shingle Creek Crossing) and the City’s Economic Development Authority (Opportunity Site). •Frank Gatlin (Gatlin Development Company) corresponded with City staff regarding the proposed use and noted that, while he understood the struggle of the Applicant to fill the approximately 12,500 SF space, as he himself has experienced in building out Shingle Creek Crossing, he did not think, “this particular tenant will be of any help to Shingle Creek as far as bringing in retail customers.” •Mr. Gatlin noted that it would fill a dark space and the location is far enough from his retail that it would likely not have a negative impact, but it would also not have a positive impact with except ion of having less empty space. Mr. Gatlin did not explicitly have any objection to the use other than having a desire to find better users to complement the center and create more traffic. 17 18 12/9/2024 10 19 Findings From the Planning perspective, which included a review of the 2011 Shingle Creek Crossing PUD Master Plans and documents, PC Application Nos. 2017-001 and 2017-007, the City’s zoning provisions, and the 2040 Comprehensive Plan, City planning staff finds that the requested amendment to allow “governmental offices” within the Shingle Creek Crossing PUD, and as a replacement of the approved multi-tenant retail use at 2501 County Road 10 is/has: a) Inconsistent with the vision and objectives of the Shingle Creek Crossing PUD and shopping center; b) Not the highest and best use for the Subject Property given daytime/weekday hours, and less urgent traffic patterns, which conflict with dynamic nature of shopping center and tenants; c) Potential impacts on future development and economic growth for remaining sites, and given operations; and d) Data provided by Applicant from Placer AI suggests use would not significantly increase foot traffic or customer visits, which are essential for success of the shopping center. 20 City Council Action (1)Motion to: •Open the public hearing; •Take public input; and •Close the public hearing. (2)Motion to deny the requested major amendment to the 2011 Shingle Creek Crossing Planned Unit Development to allow "governmental offices" as a permitted use at the Subject Property located at 2501 County Road 10 and as contemplated under Planning Commission Application No. 2024-012. City planning staff maintains the position that, based on the findings presented within the provided staff report, the requested major amendment to the Planned Unit Development should be denied; however, if City Council elects to recommend approval of the request to allow for “governmental offices” within Shingle Creek Crossing shopping center, the motion language should be to approve the requested amendment to the 2011 Shingle Creek Crossing Planned Unit Development to allow for “governmental offices,” and with revised findings. 19 20 12/9/2024 11 21 TIF Agreement (EDA Item 4.a) •The EDA and KKMBA Brooklyn Center LLC (“the Developer”) entered into a TIF Development Agreement, dated December 11, 2017 (the “TIF Agreement”), in conjunction with the Developer’s proposed construction of the Minimum Improvements and Storm Water Improvements (defined in TIF Agreement), but the Developer has not completed the conditions for the disbursement of the TIF assistance under the TIF Agreement. •As the Developer is proposing use of the Development Property (Subject Property) that is inconsistent with the retail use contemplated in the TIF Agreement and PUD, the Developer (Applicant) noted a willingness to terminate the TIF Agreement if the PUD Amendment for “government use” is approved. If City Council supports approving the major PUD amendment, which would allow “governmental offices” within the Shingle Creek Crossing PUD and on the Subject Property, City staff further advises Council to approve the Planning Commission application contingent on termination of the related TIF Agreement (EDA Item 4.a). 22 Alternative Findings (for Approval) Motion to approve the requested major amendment to the 2011 Shingle Creek Crossing Planned Unit Development to allow "governmental offices" as a permitted use at the Subject Property located at 2501 County Road 10 and as contemplated under Planning Commission Application No. 2024-012. PotentialFindingsfor Approval 1. 2040 Comprehensive Plan outlines that the City has experienced significant changes in the past decade with respect to changing demographics and changing market conditions which resulted in the closure of a number of big box stores within the shopping center. These changes have resulted in the need to re-imagine the types of uses acceptable in the shopping center. 2. “Governmental Offices” are a permitted use in the C2 zoning district; 3. “Governmental Offices” will generate more economic activity and foot traffic to the shopping center than vacant retail space, and although the existing SSA location would be vacated, the proposed new location would provide 28 jobs at the Subject Property; and 4. Relocation of SSA office from existing location will expand availability of public services. 21 22 C ouncil R egular M eeng DAT E:12/9/2024 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:O C P H S , B C P D, B C F D, Parks & Recrea-on S U B J E C T:Brooklyn C enter C ommunity S afety and V iolence P reven-on C ommis s ion Requested Council A con: -Council reques t to enable the Resolu-on for the Community S afety and V iolence P reven-on Commission. B ackground: City Council reques ted that s taff pres ent for cons idera-on on the Brooklyn C enter C ommunity S afety and V iolence P reven-on Commission. B udget I ssues: The implementa-on of the Community S afety and V iolence P reven-on Commission represents a strategic inves tment in community well-being. W hile the propos ed budget provisions are non-fis cal, they are designed to achieve significant community cos t s avings and deliver impac;ul outcomes in the following areas : 1. Emergency Response Efficiency: By fos tering community-driven strategies , the Commission aims to reduce reliance on law enforcement for non-emergency incidents , lowering the as s ociated cos ts of police response w hile increasing community trus t and public safety outcomes . 2. H ealth Care C ost Reducon: P roac-ve violence preven-on and mental health interven-ons can s ignificantly decrease emergency room visits and long-term medical expenses caused by violence-related injuries, allevia-ng the financial burden on healthcare sys tems . 3. Judicial and Correcons Cost M igaon: Early interven-on strategies w ill divert at-ris k individuals from the criminal jus -ce s ystem, reducing court, deten-on, and correc-onal facility cos ts , while focus ing on rehabilita-on and community integra-on. 4. Workforce Producvity G ains: By addressing violence and public s afety concerns, the ini-a-ve fos ters a safer environment that s upports community members’ ability to w ork, learn, and thrive without disrup-on, benefi-ng local economic grow th. 5. Long-Term Community I nvestments: The C ommis s ion’s role in developing preventa-ve s trategies supports s us tainable economic growth by improving neighborhood s tability, increasing property values, and enhancing the quality of life for all residents . This ini-a-ve reflects the C ity ’s commitment to innova-ve public safety approaches that priori-z e cost- effec-ve, community-focus ed solu-ons . The Commission's work aligns with our s hared goals of equity, s afety, and s us tainability for the long-term benefit of Brooklyn C enter residents . I nclusive C ommunity Engagement: I n alignment with Res olu-on 2021-73, the implementa-on of a Community S afety and V iolence P reven-on Commission represents a vital step in fos tering a s afe and inclusive community. This ini-a-ve directly res ponds to our collec-ve commitment to equity, transparency, and community collabora-on. A nracist/Equity Policy Effect: This res olu-on sets a precedent for trans forming public safety through an an-racist and equity lens, leading to: I ncreas ed trus t between residents and city leaders hip. Tangible improvements in the quality of life for marginalized communi-es . A s us tainable framework for addressing the root causes of violence and s ystemic inequi-es . By adop-ng and implemen-ng Resolu-on 2021-73, the City is taking a bold s tep toward building a more just, equitable, and inclusive community. S trategic Priories and Values: Maintain a s trong financial pos i-on, Maintain and enhance public places, I mprove community and employee safety, P rovide quality s ervices w ith fair and equitable treatment, S trengthen community and employee engagement in key decisions, Be an effec-ve partner with other public en--es, S trengthen and diversify bus iness development and housing, I mprove employees’ experience AT TA C H M E N TS : D escrip-on U pload D ate Type C ommunity S afety and V iolence P reven-on C ommis s ion Res olu-on 12/5/2024 Cover Memo Member ________________ introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-_____ RESOLUTION ESTABLISHING THE BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, on May 15, 2021, the City Council for the City of Brooklyn Center (“City”) passed Resolution No. 2021-73, adopting the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act (the “Act”); and WHEREAS, the Act required the City to create a permanent Community Safety and Violence Prevention Committee, which was to be tasked with reviewing and making recommendations regarding the policing response to the protests that occurred in the City in April 2021, reviewing the current collective bargaining agreement between the City and the Police Department, making recommendations prior to the renegotiation of the agreement and before its final approval, recommending the City Council create a separate and permanent civilian oversight committee for the new Department of Community Safety and Violence Prevention, reviewing Chapter 19 of the City Code, making recommendations with regard to repealing or amending provisions or penalties therein, including fines and fees, and periodically making any other recommendations to the City Council related to initiating programs or policies to improve community health in the City; and WHEREAS, the Community Safety and Violence Prevention Committee was to include a majority of members that are City residents with direct experience being arrested, detained, or having other similar contact with the Brooklyn Center Police Department or had direct contact with one or more of the other services to be provided by the new Department of Community Safety and Violence Prevention; and WHEREAS, the Community Safety and Violence Prevention Committee was to be chaired by the Mayor, with list of potential members created by the Director of the Department of Community Safety and Violence Prevention and members from that list recommended by the Mayor and confirmed by the City Council; and WHEREAS, the City Council is authorized by Section 2.02 of the City Charter to create boards, commissions, and committees to assign to them specific duties; and WHEREAS, the City remains committed to creating a safer, healthier, more just, and more thriving community by promoting a diversity of responses to our community's safety needs that do not rely solely on our armed law enforcement officers; and WHEREAS, the City remains committed to putting in the work necessary to bring about changes as quickly as possible in how the City provides public safety while recognizing that some of these measures will take longer to implement than others and that additional work remains to be done to create a healthier and more equitable community; and WHEREAS, due to the permancey of the Community Safety and Violence Prevention Committee referenced in the Act and the importance of the work they will be tasked to perform, the City Council desires to establish the body as a permanent advisory commission for the City of Brooklyn Center, as opposed to a committee, to be identified as the Community Safety and Violence Prevention Commission (“Commission”). The Act shall be amended to reflect the establishment of a commission as opposed to a committee; and WHEREAS, the City Council desires to expand upon the Act and to expand and clarify the duties, responsibilities and structure of the Commission. The Act shall be amended to reflect the duties, responsibilities and structure of the Commission as set forth in this Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Establishment. The advisory Community Safety and Violence Prevention Commission (“Commission”) is hereby established for the City of Brooklyn Center. 2. Scope. In accordance with the Act and the findings set forth above, the scope of activity of the Commission shall consist of advising the City Council and other City advisory commissions and committees regarding matters relevant to Community Safety and Violence Prevention functions. 3. Purpose. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to Community Safety and Violence Prevention. 4. Duties and Responsibilities. In accordance with the Act and the findings set forth above, and in fulfilllment of its purpose, the Commission’s duties and responsibilities of the Commission include, but are not limited to, the following: a. Develop, advise, recommend, and upon adoption by the City Council, monitor the execution of a comprehensive plan and recommend amendments to the plan as warranted relevant to community safety and violence prevention matters in the City, including the Act; b. Advise and assist the City in the adoption of policies and procedures by the City Council responsive to changing diverse community needs and concerns in matters of community safety and violence prevention; c. Annually report to the City Council regarding accomplishments toward fulfillment of such comprehensive plan and recommend amendments to the plan as warranted; d. Advise and assist the City in reviewing and discussing community safety and violence prevention policies for the City, and make recommendations to the City Council concerning community safety and violence prevention in the City; e. Work with City staff and other Commissions on matters regarding community safety and violence prevention in the City; f. Review current community safety and violence prevention initiatives, practices, and policies; g. Work with neighborhood committees to understand the community safety and violence prevention needs of each area in the City; h. Identify high-priority areas for community safety and violence prevention in the community and analyze methods of fulfilling these needs and interests and presenting alternative recommendations for actions to the City Council; i. Provide opportunities for the citizens of Brooklyn Center to voice their concerns and opinions regarding community safety and violence prevention matters; j. Recommend new and innovative concepts in community safety and violence prevention for the City; k. Advise, review and make recommendations for the City’s response to protests; l. Review the current collective bargaining agreement between the City make recommendations prior to final approval to the City Manager; m. Periodically make any other recommendations to the City Council related to initiating programs or policies to improve community health in the City. 5. Composition. The Commission shall be composed of a Chairperson and six (6) voting members and four non voting advisors, all of whom shall be appointed and serve as set forth below. All voting members of the Commission shall be residents with direct experience or contact with the public safety, judicial or public health systems or have had direct contact or expertise with one or more of the public safety, judicial or public health systems. All non voting advisors shall be appointed and serve as set forth below. All non voting advisors shall have direct experience or contact with the public safety, judicial or public health systems or have had direct contact or expertise with one or more of the public safety, judicial or public health systems 6. Method of Selection. The Office of Community Prevention, Health and Safety will provide the Mayor with a list of commission candidates to serve on the Commission after review with Brooklyn Center Police Department, Brooklyn Center Fire Department and Brooklyn Center Parks and Recreation Department. The Mayor will recommend candidates to the City Council for appointment. The City Council shall appoint members to the Commission by resolution. 7. Initial Appointment. The Commission under this resolution shall become effective March 30th, 2025, or soon thereafter, and shall consist of three members appointed for a term through 2027, three members appointed for a term through 2026, and one member appointed for a term through 2025. 8. Term of Office. The terms of office for Commission members shall be staggered two-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which their predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of their term of office, a member shall continue to serve until their successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commission member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules, and regulations of the Commission, the Commission member may be temporarily replaced during the temporary leave by an interim Commission member recommended by the Mayor and appointed by the City Council. 9. Resignations-Removal from Office-Vacancies. Commission members may resign voluntarily or may be removed from office by the Mayor with consent of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City Council liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by appointment of the City Council. The procedure for filling Commission vacancies is as follows: a. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; b. Vacancies shall be announced in the City's official newspaper; c. Notices of vacancies shall be sent to all members of standing advisory commissions; d. The City Clerk shall forward copies of the applications to the Public Safety Departments (Office of Community Prevention, Health and Safety, Brooklyn Center Police Department, Brooklyn Center Parks and Recreatioon Department and Brooklyn Center Fire Department) and the Mayor; e. The Mayor shall identify and include the nominee's name in the City Council agenda materials for the City Council meeting at which the nominee is presented; f. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. 10. Chairperson. The Commission’s Chairperson shall be elected by a majority vote of the Commission membership. The election shall be conducted at the Commission’s first meeting and at the first regular meeting of each calendar year, or, in the case of a vacancy, within two regularly scheduled meetings from the time a vacancy of the Chairperson occurs. The Chairperson may be removed by a majority vote of the Commisison membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: a. Preside over meetings of the Commission; b. Appear, or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to community safety and violence prevention as it relates to business under consideration by said commissions or City Council; c. Review all official minutes of the City Council and other advisory commissions to inform the Commission of matters relevant to community safety and violence prevention; d. Serve as a liaison with other governmental and voluntary organizations on matters relevant to community safety and violence prevention. 11. Vice Chairperson. A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the Chairperson in their absence. 12. Representation Requirements. Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in paragraph 20 below, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. 13. Conflict of Interest. No Commission member shall take part in the consideration of any matter wherein their interest might reasonably be expected to affect their impartiality. 14. Compensation. Commissioner members shall serve without compensation. 15. Bylaws, Rules and Procedures. The Commission shall adopt such bylaws, rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Bylaws adopted by the Commission shall become effective upon approval and consent of the City Council. 16. Meetings. The initial meeting of the Commission shall be convened by March 30th, 2025. Thereafter, regular meetings shall be held with the date and time to be determined by the Commission. Special meetings may be called by the Chairperson. 17. Staff Liaison. The City Manager shall assign one member of the staff to serve as staff liaison to the Commission. The staff member liaison assigned shall perform administrative duties on behalf of the commission. In addition to the Staff Liaison, City staff from all public safety departments will attend commission meetings including the Office of Community Prevention Health and Safet y, Brooklyn Center Police Department, Brooklyn Center Parks and Recreation Department and Brooklyn Center Fire Department with the Office of Community Prevention, Health and Safety serving as the liaison for the commission. 18. Ex Officio Members. The Mayor, or the member of the City Council appointed by the Mayor, shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. 19. Neighborhoods: a. Neighborhood Advisory Committees: Commission members shall be assigned by the Chairperson as liaisons to neighborhood advisory committees of the Commission. It will then be the responsibility of each neighborhood advisory committee of the Commission to review safety and violence prevention matters and present the neighborhood opinions and concerns on general and specific safety and violence prevention programs directly affecting that neighborhood. b. Neighborhoods Described (See also Exhibit A attached hereto and incorporated herein by reference). i. Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI-94; and on the west by Shingle Creek. ii. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI-94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. iii. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI-94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. iv. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI-94; and on the west by the west city limits. v. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI-94; and on the west by Brooklyn Boulevard. vi. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. 20. The Act is hereby amended as referenced in this Resolution. 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. EXHIBIT A Map of Neighborhoods