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HomeMy WebLinkAbout2025.02.10 CCP REGULARCITY COUNCIL MEETING City Hall Council Chambers February 10, 2025 AGENDA 1. Call to Order - 7:00 p.m. Attendees please turn off cell phones and pages during the meeting. A copy of the full meeting packet is available in the binder at the entrance to the Council Chambers. 2. Roll Call 3. Pledge 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 not be used to make personal attacks, air personal grievances, make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with the presenter. Questions from the Council will be for clarification purposes only. It will not be used as a time for problem- 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 anyone connected to this meeting would like to speak. When called upon, please indicate your name and then proceed. Please be sure to state your name before speaking. a. Meeting Decorum 5. Invocation - Jerzak 6. Approval of Agenda and Consent Agenda These items are considered to be routine by the City Council and will be enacted by one motion. There isn't a separate discussion for these items unless a Councilmember so requests, then it is moved to the end of the Council Consideration Items. a. Approval of Minutes b. Approval of Licenses c. Resolution Amending Resolution No. 2025-009; Appointing Brooklyn Center Representatives to Executive Committees and/or Board of Directors for Northwest Suburbs Cable Communications Commission d. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2024-13,14, Lift Station 9 Rehab e. Resolution Supporting the Pursuit of a 2025 Rebuilding American Infrastructure with Sustaininbility and Equity (RAISE) Grant for the Highway 100 Connectivity Study 7. Presentations/Proclamations/Recognitions/Donations Page 1 of 107 a. Proclamation for American Heart Association Heart Health Month, February 2025 8. Public Hearings 9. Planning Commission Items a. An Ordinance Adding New Section 356-4500 to the Brooklyn Center City Code of Ordinances Regarding the Establishment of Adult-Use Cannabis Business Zoning Regulations - First Reading b. An Ordinance Amending Section 35-9200 of the City Code of Ordinances Regarding the Definition of Urban Agriculture 10. Council Consideration Items 11. Council Report 12. Adjournment Page 2 of 107 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. Page 3 of 107 Council Regular Meeting DATE: 2/10/2025 TO: City Council FROM: Barb Suciu, City Clerk THROUGH: Daren Nyquist, Deputy City Manager BY: Barb Suciu, City Clerk SUBJECT: Approval of Minutes Requested Council Action: - Motion to approve meeting minutes • January 24, 2025, Study Session • January 24, 2025, Regular Session • January 24, 2025, Work/EDA Session Background: In accordance with Minnesota State Statute 15.17, the official records of all meetings must be documents and approved by the governing body. Budget Issues: Included in the 2025 budget. Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 2025.01.27 SS - unapproved 2. 2025.01.27 CC - unapproved 3. 2025.01.27 WS - unapproved Page 4 of 107 1/27/25 -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 JANUARY 27, 2025 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 Dan Jerzak, Teneshia Kragness, and Laurie Ann Moore. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Deputy City Manager Daren Nyquist, City Clerk Barb Suciu, Deputy City Clerk Shannon Pettit, and City Attorney Siobhan Tolar. CITY COUNCIL MISCELLANEOUS DISCUSSION ITEMS Councilmember Jerzak stated he would like to pull Consent Agenda Item 6d. Resolution Supporting the Pursuit of Minnesota Department of Employment and Economic Development Redevelopment Grant Program Funding for the Acquisition of the Brown College Site at 5951 Earle Brown Drive and make it a Council Consideration Item. RESOLUTION 2021-73 Councilmember Jerzak added he would like to table Study Session agenda discussion on Resolution 2021-73 because Councilmember Lawrence-Anderson was absent. Mayor Graves agreed she would like Councilmember Lawrence-Anderson present for the conversation. However, there is a 45-day timeline to address the item. Councilmember Jerzak noted there is another Council meeting before the timeline is up, but he would still appreciate some flexibility with the timeline. Mayor Graves pointed Director of Community Prevention, Health and Safety LaToya Turk previously stated the recruitment and recommendation timeline would require 90 days. Even after the freeze of the Resolution, it would be three months until any potential committee members are presented to the Council. She suggested some of the discussion occur during Ms. Turk’s 90-day timeline. Page 5 of 107 1/27/25 -2- DRAFT Councilmember Jerzak noted his preference to conclude discussion before any recruitment. The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act was passed two years ago. Mayor Graves confirmed it has been two years, and the Council has discussed the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act 21 times. Councilmember Jerzak stated he has major concerns he would like to address. Councilmember Kragness suggested they maintain the 45-day freeze and allow discussion to continue into the 90-day recruitment if needed. Councilmember Moore noted the previous minutes indicated ample discussion on the fifth section of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. The initial act calls for a Department of Community Safety and Violence Prevention while the proposal calls for a governmental unit. It was helpful to compare the original document and the proposed changes. She agreed the discussion should be held off until Councilmember Lawrence- Anderson can participate. It was the consensus of the Council to wait for discussion on Resolution 2021-73 until Councilmember Lawrence-Anderson is present. Mayor Graves expressed her frustration with the discussion process as it seems to be cyclical. Past minutes show the fifth section was already reviewed by Council. The minutes for the discussion she held with Staff, Directors, the Implementation Committee, and Council were not included in the compilation of past conversations on the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. She requested the October 10, 2023, and January 22, 2024, minutes be provided to the Council. Councilmember Moore asked if the meeting referenced by Mayor Graves was held at the Community Center. Mayor Graves confirmed that was correct. Councilmember Jerzak pointed out that his two primary concerns were relayed to Dr. Edwards a few days ago. He didn’t want to bring them to the conversation planned for the present evening because the focus was intended to be on the fifth section. Mayor Graves noted there was discussion related to other sections within the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Councilmember Jerzak added of the 13 responsibilities of the proposed Committee from the latest proposals, only three of them were in the original Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. He doesn’t want to stray from the Resolution too much, and the differences require additional discussion. Mayor Graves stated the refinement is likely a reflection of additional research and input received by Staff. For example, Councilmember Jerzak did not support the new committee being responsible to review bargaining agreements. Page 6 of 107 1/27/25 -3- DRAFT Mayor Graves stated she would ultimately like to move forward with action steps. Councilmember Jerzak asked if Consent Agenda Item 6d. Resolution Supporting the Pursuit of Minnesota Department of Employment and Economic Development Redevelopment Grant Program Funding for the Acquisition of the Brown College Site at 5951 Earle Brown Drive, was assigned a new spot in the regular agenda. Mayor Graves confirmed Consent Agenda Item 6d. Resolution Supporting the Pursuit of Minnesota Department of Employment and Economic Development Redevelopment Grant Program Funding for the Acquisition of the Brown College Site at 5951 Earle Brown Drive would become Council Consideration Item 10a. Resolution Supporting the Pursuit of Minnesota Department of Employment and Economic Development Redevelopment Grant Program Funding for the Acquisition of the Brown College Site at 5951 Earle Brown Drive. Councilmember Kragness pointed out she was invited to participate in the Strong Cities Network regarding social cohesion during global crises. She read the description of the effort. It is a conference with breakout sessions regarding violence prevention, crisis communication, and the like. She has been attending weekly learning modules organized by the Strong Cities Network. The upcoming workshop is in February in Manchester, UK. Strong Cities Network will cover 80 percent of travel fees while lodging and food costs are covered. Airfare would come from the Council’s budget. Councilmember Kragness added the Council has a budget of $15,400 for conference and travel expenses. She requested the Council’s support of her attendance at the conference. Airfare will be around $700 to $1,000. Mayor Graves noted she will be attending the conference, though her travel costs have been covered by the Strong Cities Network. Brooklyn Center would benefit even more by having an additional Councilmember in attendance. Councilmember Moore stated there are other priorities for the Council to focus their time and effort on, especially because another representative of the City will already be attending for free. She cannot justify the City paying for 20 percent of an unknown amount. Councilmember Kragness explained she is only asking for 20 percent of the airfare to be covered by the Council’s budget. Councilmember Moore stated she could not justify spending taxpayer money on sending another individual to Manchester. Councilmember Jerzak noted Councilmember Kragness has been able to travel to two other out- of-State conferences. The Council needs to focus on the local issues facing Brooklyn Center. Furthermore, the Council needs to prioritize spending taxpayer money more carefully. Mayor Graves expressed her disappointment. She stated it would only be about $700 for the priceless connection to international groups dealing with violence and other crises. Page 7 of 107 1/27/25 -4- DRAFT Councilmember Moore stated she agreed the topic is important, but Mayor Graves will already be attending for free. Councilmember Kragness added Strong Cities doesn’t typically extend financial support to more than one representative from a jurisdiction. However, because she has been so involved with Strong Cities, the organization graciously offered to cover a large majority of the expenses. Councilmember Jerzak asked when Councilmember Kragness would need to accept the invitation. It would be fair for Councilmember Lawrence-Anderson to weigh in on the item in hopes of altering the consensus. Councilmember Kragness stated she need to confirm with Strong Cities Network immediately. She pointed out Councilmember Lawrence-Anderson has previously noted her disinterest in travel and offered her portion of the travel budget to other Councilmembers. Councilmember Jerzak added he would not be interested in traveling outside of the State either. Councilmember Kragness explained the purpose of the travel budget is intended for Councilmembers to go out, gain knowledge, make connections, and bring back insights to share with Council and Staff. If others are uninterested in travel, then it would be all the more reason to support using the large budget to support her travel. Mayor Graves noted she has attended several conferences and learning opportunities during her time serving on the Council through scholarships and budget allocations. However, the first time another Councilmember attended a conference with her was the end of 2024. Brooklyn Center has access to multiple resources and not taking advantage of the learning opportunities in the past has contributed to the lack of progress in the City. She would like more Brooklyn Center staff and leaders to attend conferences. It is a valuable learning and networking opportunity. Mayor Graves added the $15,000 professional development budget isn’t used, then it goes back to the General Fund. $15,000 won’t make a dent in the huge financial issues facing Brooklyn Center. Ultimately, $700 is a worthwhile expense for leadership development. Councilmember Moore stated optics are also important on top of finances, especially after the last meeting. More learning opportunities are more affordable. Mayor Graves will already be attending anyway. Councilmember Jerzak noted the Council needs to return to the basics and attend local conferences. CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS PROPOSED WORK SESSION ITEMS Page 8 of 107 1/27/25 -5- DRAFT City Manager Reggie Edwards explained he is seeking input from Council regarding their priorities for Work Session discussion items. Once receiving input, he will consider Staff capacity before scheduling future Work Sessions. Dr. Edwards pointed out current discussion items include Memorial Policy, Grants Update, Purchasing Policy, Planning Application Process, Commission Members and Application Process, Property Tax Review, and Traffic Calming Policy. Additional proposed discussion items include completing review of the Daunte Wright and Kobe Dimick- Heisler Public Safety Act over the next 45 days, Review City Council Meetings Process and Procedures and Parliamentary Procedures, completing Council Picture and Hall of Fame Discussion, Water Meter Project Update, Year-End Financial Report and Audit, Update of Financial Plans and Progress for Enterprise Funds, Update of Economic Development Projects, Review Rental Inspections Point System, Update on Expanded Response Pilot, Update on Recycling, Update on Impact of Tenant Protection Policy, and Council Chamber Security. Dr. Edwards stated the Memorial Policy has been considered for two years. Additional memorials have been frozen in the interim. The Grants Update would be review the grants the City has received and how it is being utilized. The Council previously expressed interest in readdressing the dollar threshold for Council review for large purchases. They would like to review the Planning Application Process for Council and Commissioners. As for the Commission Members and Application Process, Staff is looking to diversify, recruit, better onboard, and ultimately retain more Commissioners. Dr. Edwards noted there have been challenges regarding extended stay facilities related to human trafficking. Reviewing the related policies and ordinances would benefit the City, residents, and businesses while promoting success for hotels. The Property Tax Review item would be an educational item regarding propery taxes. Dr. Edwards added there was a traffic calming pilot effort that he would like for Council to be made aware of. From there, Staff hopes to expand the pilot. There are plans for additional conversations regarding the Daunte Wright and Kobe Dimick- Heisler Public Safety Act, similar to the Study Session item on the present agenda. Review City Council Meetings Process and Procedures and Parliamentary Procedure would be an opportunity to consider how the procedures and processes are benefitting the Council and promoting efficacy. Dr. Edwards stated there have been discussions on Council photos on the Hall of Fame that may require additional time. Council has received email updates on the water meter project, but the Council may be interested in additional information. Year-End Financial Report and Audit, Update of Financial Plans and Progress for Enterprise Funds, Update of Economic Development Projects, Review Rental Inspections Point System, Update on Expanded Response Pilot are self- explanatory. An update on the recycling project is coming up. Update on Impact of Tenant Protection Policy relates to pending legislation. Finally, conversations regarding Council Chamber Security started one year ago and need to be completed. Page 9 of 107 1/27/25 -6- DRAFT Councilmember Moore noted her interest in reviewing Council meeting processes and procedures. As it stands, Councilmembers can only present one item to be added per meeting. She is unsure if the rule is new or longstanding. Prioritizing the review of Council meetings processes and procedures would be beneficial. Councilmember Moore added that a lot of the listed topics have been pending for a couple of years. Dr. Edwards explained he prefers to talk about action. During his eight years, it has been uncommon for a Councilmember to request discussion of a topic during the meeting. Instead, agenda items are generated through requests of the Council. During Study Session, Councilmembers may speak about a topic as needed then Staff would prepare a presentation for a coming meeting. Two years ago, there was direction from Council to cut down meeting times. Only three or four items can be thoroughly discussed before 9:00 p.m. Councilmember Moore asked if Council meetings are supposed to end at 9:00 p.m. but require Council action to extend the meeting. Dr. Edwards stated Council requested the meetings be shorter, so he limited the number of discussion items. If an item wasn’t addressed, it would be moved to the next meeting. Councilmember Jerzak stated there have been times in the past when Study Session or Work Session meetings have been adjourned early due to completion of agenda items. Some topics should be referred to other groups. For example, the Purchasing Policy should be reviewed by the Financial Commission. Once Council is informed of the delegated item, then they can move forward with other items on the list. Councilmember Jerzak suggested Staff prepare a presentation for the Planning Application Process item. Staff already has people working on the Commission Members and Application Process item and the hotel concerns. The update on the Traffic Calming Policy should be brief. The item Review City Council Meetings Process and Procedures and Parliamentary Procedures is the responsibility of the Council. The Complete Council Picture and Hall of Fame Discussion item is basically decided and would require only a few minutes. The Water Meter Project Update could be included in the weekly email. Ultimately, if everything is important, then nothing is important. Councilmember Jerzak explained he fully expects the Financial Plans and the progress updates regarding the Enterprise Funds be provided to the Council per Charter. Councilmembers receive updates on economic development projects through one-to-one meetings. The item to Review Rental Inspections Point System was just done in the last couple of years. Council Chamber Security also needs to be handled internally. There isn’t too much on the list. Mayor Graves stated she would provide a list of her priorities to Dr. Edwards. Councilmember Jerzak confirmed he would as well. Councilmember Kragness stated the quick items should be addressed and removed from the list. Some items are more of a placeholder to remain top of mind. There should be a list of topics where Staff needs input from Council and a list of items that need a quick discussion. Page 10 of 107 1/27/25 -7- DRAFT Dr. Edwards noted the new Deputy City Manager needs to be officially introduced to the Council. Dr. Edwards stated the Council should have received an email on goal-setting. Then a time would be set up to review the goals. Dr. Edwards asked where the Council stands on development and its relationship with Common Sense. The item will be on a future agenda. Councilmember Moore explained she previously told Dr. Edwards that she wasn’t interested in spending money on Common Sense. She asked what the firm was previously hired for. Dr. Edwards stated Common Sense is a consulting firm that offers development opportunities for Councilmembers. The contract includes Council retreats, development coaching sessions, conversation facilitation, and more. Councilmember Moore asked where the money comes from. Dr. Edwards stated just under $50,000 is allocated from the Council’s professional development budget and some from the City Manager’s professional development budget. Councilmember stated the line item is separate from what Councilmember Kragness previously referred to. Mayor Graves pointed out Common Sense was hired in 2021. Dr. Edwards confirmed Common Sense was hired at the height of COVID-19 and civil unrest. Councilmember Kragness noted her appreciation of Common Sense and their support. When she joined the Council, it was in a rough season. Common Sense created space for team development and reaching consensus. The mediation between Councilmembers were also valuable. Participants benefit based on the amount they commit to the services. Mayor Graves noted her agreement with Common Sense. Some Councilmembers don’t believe the sessions are worth their time, which decreases its effectiveness. Councilmember Moore stated if there is an additional $50,000 for professional development available to the Council, then Councilmember Kragness should attend the conference in Manchester for less than $1,000. Nonetheless, she isn’t interested in sitting in a circle with the Council. She would need to confer privately with other Councilmembers to better understand their experiences with Common Sense. Mayor Graves pointed out it was time to transition to the regular session. Dr. Edwards clarified the potential Work Session item about the traffic calming efforts would include the findings of the pilot program and recommendations. Dr. Edwards introduced the newly hired Deputy City Manager Daniel Nyquist. There were over 90 applicants from 13 different states. The process was extremely competitive. Hiring focused on the implementation of the City’s Strategic Plan, promoting excellence amongst Staff, creating Page 11 of 107 1/27/25 -8- DRAFT a measure for services offered, and directing the Administration Department. Mr. Nyquist has ample public and private experience. Mr. Nyquist expressed his excitement to be working in Brooklyn Center. Mayor Graves noted her support of metrics. ADJOURNMENT Mayor Graves adjourned the meeting at 7:05 p.m. Page 12 of 107 1/27/25 -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 JANUARY 27, 2025 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 7:05 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Dan Jerzak, Teneshia Kragness, and Laurie Ann Moore. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Community Development Director Jesse Anderson, Economic Development Manager Ian Alexander, City Clerk Barb Suciu, Deputy City Clerk Shannon Pettit, 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 the decorum document. Jovita M. introduced herself as the founder of the Minnesota Immigrant Movement, a Statewide grassroots organization. She explained members of the Latinx community in Brooklyn Center and surrounding areas are concerned because their children are afraid to attend school due to immigration concerns. Jovita M. explained she hopes to partner with the City to educate folks on their rights. She suggested a media campaign be initiated, an ordinance be issued regarding immigrant rights, and that the Council coordinate with the schools. Mayor Graves confirmed Staff has already been coordinating with local schools. Dena S. noted she is appearing on behalf of her neighbors who are living in fear. She loves living in Brooklyn Center because of the diversity. She noted her appreciation of Jovita’s comments and encouraged the City to do more to support immigrants. Page 13 of 107 1/27/25 -2- DRAFT Jose R. introduced himself as a resident, husband, father, and pastor. He requested information be made more accessible to the immigrant community, specifically regarding immigrant rights. Mayor Graves asked when the statement from the City would be completed. Dr. Edwards stated Staff would complete the memo within the week. Melissa R. noted she is married to Jose R. She stated Brooklyn Center has a beautiful, diverse community, and no one should be living in fear. Brooklyn Center needs to be supportive of all members of its community. Mayor Graves agreed there is a lot of misinformation out there. Brooklyn Center will be releasing a statement soon. Nahid K. expressed her frustration with the Council’s recent repeal of the Council’s Code of Conduct. More than one year of work went into its development. The City’s leaders need to set a good example for all. Mercy is an important part of the conduct as well. Mayor Graves stated the commenter’s timeline is complete. Gretchen E. stated it was frustrating that the new Deputy City Manager was present at the previous City Council meeting but wasn’t introduced publicly. She thanked staff for compiling the minutes related to the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. There are supposed to be quarterly reviews scheduled for expanded response and that hasn’t been happening. Mayor Graves pointed out the item is on the list for future work sessions. Gretchen E. pointed out there is a policy on Council travel related to continental US travel but nothing on international travel. Mayor Graves confirmed she is aware of the policy. Kevin S. stated it is concerning for two members of the Council to be out of the country at the same time. Julie B. noted her disappointment that travel, and professional development funds are not being used to support Councilmember Kragness’ opportunity to attend a conference in Manchester, UK. Safety is a growing concern in the community. It is disheartening that the council isn’t taking every opportunity to grow and learn. She reminded the Council that people pay attention to the individual votes of Councilmembers. Julie B. stated she has been interrupted multiple times during public comment periods due to allegations of personal attacks. Another person commented after her and directly named community members without interruption. She asked for the City Attorney to define what a personal attack is. The podium should be an opportunity to hold Councilmembers accountable, particularly if the Council itself is speaking negatively of other community members. Page 14 of 107 1/27/25 -3- DRAFT Mayor Graves asked for City Attorney Siobhan Tolar to define “personal attack” for them. Councilmember Moore pointed out Informal Open Forum is not allowed to include responses. Mayor Graves stated the request is for clarification purposes. Both the public and the Council could benefit from hearing from the City Attorney. Councilmember Moore stated all commenters need to be treated the same. City Attorney Siobhan Tolar stated she would prefer to review the policies before answering because there are implications related to the First Amendment. Mayor Graves moved and Councilmember Moore seconded to close the Informal Open Forum at 7:21 p.m. City Clerk Barb Suciu noted another hand was raised online while Julie B. had been speaking. Mayor Graves stated Informal Open Forum was already over its allotted time. Motion passed unanimously. 5. INVOCATION Councilmember Kragness shared a message from her devotional about folks loving one another for who they are. She read a prayer about God’s presence and asking God to help people live like a city on a hill. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Graves noted she forgot to add an item regarding Commission appointments during the Study Session. City Clerk Barb Suciu confirmed it could still be added as a Council Consideration Item. Councilmember Kragness moved and Councilmember Jerzak seconded to approve the Agenda and Consent Agenda, as amended with Consent Agenda Item 6d. Resolution Supporting the Pursuit of Minnesota Department of Employment and Economic Development Redevelopment Grant Program Funding for the Acquisition of the Brown College Site at 5951 Earle Brown Drive becoming Council Consideration Item 10a. Resolution Supporting the Pursuit of Minnesota Department of Employment and Economic Development Redevelopment Grant Program Funding for the Acquisition of the Brown College Site at 5951 Earle Brown Drive and adding Council Consideration Item 10b. Commission Appointments to the agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 13, 2025 – Study Session 2. January 13, 2025 – Regular Session 3. January 13, 2025 – Work Session 6b. LICENSES Page 15 of 107 1/27/25 -4- DRAFT MECHANICAL Owens Companies, Inc. 500 West 92nd Street Bloomington 55420 SPI Mechanical LLC 1116 Lincoln Street NE Minneapolis 55413 RENTAL RENEWAL (TYPE IV – six-month license) 3513 47th Avenue N 6939 Baird Llc 7230 West River Road 7230 Riverside Property Llc 4007 Joyce Lane John Jorgensen 5819 Knox Avenue N G.b. Homes Llc 6018 Camden Avenue N Gb Homes Llc 6445 James Circle N Kaswa Hospitality Inc 7013 Knox Avenue N HPA II BORROWER 2021-1 LLC 7121 Knox Avenue N Seigonghyr W Korti Jr RENEWAL (TYPE III – one-year license) 3601 47th Avenue N 8411 Balboa Llc 5437 Logan Avenue N Nicholas Kaufman 5606 Bryant Avenue N Mnsf Ii W1 Llc RENEWAL (TYPE II – two-year license) 4118 Woodbine Lane Investment Solutions Llc 5319 Knox Avenue N Sydney 1 Llc 5614 Bryant Avenue N Lin Shuang Llc 6812 Fremont Place N Sharon K Mcgary RENEWAL (TYPE I – three-year license) 4204 Lakebreeze Avenue N AZ RENTAL APARTMENTS LLC Page 16 of 107 1/27/25 -5- DRAFT 2018 55th Avenue N Lancelot Properties Llc 3018 Nash Road T R CAVANAUGH REV LIV TRUST 3708 66th Avenue N Maxima Martinez Perez 5332 Humboldt Avenue N C A Morales & Z A Contreras 6215 Bryant Avenue N Tuuyen D Tran & Lan Tran SIGNHANGER DeMars Signs 410 93rd Avenue Coon Rapids 55433 GASOLINE SERVICE STATION Holiday #292 420 66th Ave N 6c. RESOLUTION NO. 2025-020; ACCEPTING ADDITIONAL GRANT FUNDING FOR A FIFTH INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION & TRAINING (ICPOET) POSITION 6d. RESOLUTION NO. 2025-021; SUPPORTING THE PURSUIT OF MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT REDEVELOPMENT GRANT PROGRAM FUNDING FOR THE ACQUISITION OF THE BROWN COLLEGE SITE AT 5951 EARLE BROWN DRIVE Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION SUPPORTING THE PURSUIT OF MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT REDEVELOPMENT Page 17 of 107 1/27/25 -6- DRAFT GRANT PROGRAM FUNDING FOR THE ACQUISITION OF THE BROWN COLLEGE SITE AT 5951 EARLE BROWN DRIVE Mayor Graves pointed out Councilmember Jerzak requested this item be moved from the Consent Agenda to the Council Consideration Items. Councilmember Jerzak noted he was surprised a grant request for such an amount was placed on the Consent Agenda considering the Council has been asking to review the Grant Policy. The grant includes a matching component and requires costs for the City such as demolition. Brooklyn Center already has 80 acres, and they have had a bad experience with Target. Numerous open sites have yet to be put to use. Councilmember Jerzak added the site is assessed at $2.3 million, which is a heavy lift. If an outside party purchases the site, then the City will get back $40,000 for the work they have put into it. He was open to listen to a presentation from Staff, but he is hesitant to support the item. City Manager Dr. Edwards explained it is the norm for grants to go on the Consent Agenda. The Council would need to approve the grant before it could be accepted. The item is purely for application. Economic Development Manager Ian Alexander stated he has inherited a difficult job. The City has put together a lot of developments without the proper infrastructure and some decisions have limited the power of the Council regarding development. A challenge of the Opportunity Site is the lack of infrastructure. Mr. Alexander explained the initial idea was to reach out to the original owner of 5951 Earle Brown Drive for more information. The owner had paid off the mortgage on the property then allowed it to go into forfeiture. Staff approached Hennepin County with a request to raise the right amount of money to purchase the site. His goal is to write down the cost of the property. Three affordable housing groups, one self-storage group, and one banquet hall group have shown interest in the site. Mr. Alexander noted the site is 6.46 acres adjacent to the Target site of 9.1 acres. The sites comprise the entire corner of the Opportunity Site. It is centrally located and has access to utilities. The City should steer redevelopment of the site in question to optimize the income-producing potential and tax base of the area. A goal of economic development is to increase the tax base. An affordable housing use would not grow the tax base and increase the burden on City services. Mr. Alexander stated the grant would offset the City’s financial burden and could cover up to 50 percent of the tax-assessed value of the property. Other grants are being sought out to cover more of the expense. Staff is confident the requirements of the grant would be met in the allotted time. If not, then the grant can be returned. Mr. Alexander added he wasn’t present when the city decided to purchase the Target site. The fact that the City purchased the Target site shows its effort to turn a bad situation into a slightly Page 18 of 107 1/27/25 -7- DRAFT better one. Holding additional land isn’t a strategy in and of itself. The strategy is the Opportunity Site as a whole. Councilmember Jerzak pointed out he is familiar with the Grant Policy as he helped to write it. He asked why Council didn’t receive have an opportunity to discuss the grant in advance. Dr. Edwards stated Staff utilized the same process as other grant applications would require. Councilmember Moore asked if the property was available to be acquired when the Target site was acquired. Mr. Alexander stated he is unsure. Councilmember Jerzak stated the acquisition of the Target site was done in good faith, but it didn’t work out well. The fire didn’t help the situation either. He explained he is prioritizing practical opportunities. The City needs to do something with what they have first. Councilmember Moore asked if the proposed site could have been included in the Target site acquisition. Community Development Director Jesse Anderson noted he believes the college was still operating when the Target site was acquired. Nonetheless, both sites are part of the 80-acre Opportunity Site. The plan was to use the proceeds from the sale to acquire additional land to the north. Councilmember Moore noted her agreement with Councilmember Jerzak. The best-laid plans continue to lay dormant across the City. The grant application does not benefit the City. Dr. Edwards asked what would happen if the grant was not acquired and what other efforts are being made to cover the costs. Mr. Alexander stated the intention is to find additional matching opportunities. If the grant isn’t received, then the site would likely go to tax forfeiture and be purchased for private development. Dr. Edwards explained Staff is attempting to obtain money to benefit the taxpayers rather than asking taxpayers to fund a project. The residents are not on the hook for the matching grant should it be accepted. Mayor Graves stated she wants Staff to pursue grants and build economic capacity in Brooklyn Center. The item is merely for an application. Mr. Alexander confirmed the item is only for an application, and they may not receive the grant. He noted his understanding of the concerns. Brooklyn Center is a great City, but its people are overly taxed due to the lack of a tax base and features to attract outside money. Staff is working on a project for the Target site that would overlap with the college site. If it were to work out, then the project would be a massive asset for the City. Mr. Alexander requested the application be approved because the Council would still need to accept the grant. He offered to meet individually with Councilmembers to further discuss the plans. Brooklyn Center needs to be more intentional with its grant-seeking efforts. The Council has inherited a difficult position regarding development. Their department is determined to build the Page 19 of 107 1/27/25 -8- DRAFT tax base. Mr. Alexander added he would be hesitant to move forward with the grant if he were in the Council’s position, and it is his responsibility to better communicate with the Council. Councilmember Moore pointed out the grant requires a 50 percent match. She asked if the requirement would put taxpayers on the hook for the funds. Dr. Edwards stated if they were unable to find grants or other money to match the grant in question, then the funds would be returned. Mr. Alexander noted other funding sources haven’t been utilized, which would require additional conversation. Dr. Edwards stated the General Fund would not go toward this site’s acquisition. Councilmember Kragness agreed the location is strategic and complementary to the Target site. She stated she would like to see a realistic plan from Staff on how the 50 percent match will be sought out. She added Staff are the experts on the matter, so she trusts their input. There is no harm in seeking out free money. Mr. Alexander requested the application be approved. In the interim, he could present a more detailed plan. There are very few funding options in existence. The plans are moving Brooklyn Center in a positive direction. Mayor Graves added Planning Commissioners are feeling excited about the direction of development in Brooklyn Center. Councilmember Kragness reiterated she isn’t opposed to applying for the grant, but there needs to be a plan in place. Dr. Edwards confirmed Staff would put together a detailed plan. Councilmember Jerzak explained the Opportunity Site plans originally relied on a developer to provide the infrastructure. The Council wrote down the land to $1 and threw in $10 million, and the infrastructure still couldn’t be completed. Councilmember Jerzak noted his understanding of the intention of the application. The Council has only been told of vague projects such as a sports facility, but they need more details of potential projects to support Staff’s efforts. The constituents are not supportive of the City owning more vacant land. Councilmember Jerzak noted his appreciation of growing Brooklyn Center’s tax base. However, the project wouldn’t see taxes for 15 or more years. Mr. Alexander pointed out Tax Increment Funding (TIF) would follow a longer timeline such as 15 years, but they do not plan on using TIF. Councilmember Jerzak stated the Council doesn’t have that information. Mr. Alexander stated he would like to present more details to Staff. Page 20 of 107 1/27/25 -9- DRAFT Mayor Graves stated she doesn’t want the City to acquire more empty land. However, she does want Staff to be ambitious in building the tax base. She expressed her support of the application, but she would not support a 50 percent match from taxpayer money. Councilmember Moore asked if the resolution is just for an application. Dr. Edwards confirmed if the item is approved, then Staff will only apply for the grant. Should the City receive the grant, then the Council would need to accept the grant. Staff would have a plan for the additional matching funds at that time. Mr. Alexander added there would need to be a grant agreement approved by Council after an acceptance. Councilmember Jerzak stated the department deserves a chance to seek out the funds. He doesn’t like surprises, and he needs to be more fully informed to make decisions on behalf of taxpayers. He is open to the application, but he will be watching the process carefully. Mayor Graves moved and Councilmember Kragness seconded to adopt RESOLUTION 2025-021, a Resolution Supporting the Pursuit of Minnesota Department of Employment and Economic Development Redevelopment Grant Program Funding for the Acquisition of the Brown College Site at 5951 Earle Brown Drive for Redevelopment. Motion passed unanimously. 10b. COMMISSION APPOINTMENTS Mayor Graves stated the Councilmembers should have received an email from Ms. Suciu with the applications. It is important to appoint more Planning Commissioners for them to reach a quorum. She asked if other Commissions have openings. Ms. Suciu stated there would still be one vacancy on the Planning Commission, two or three on the Housing Commission, one on the Financial Commission, and two on the Cultural Arts Commission should the appointments be approved. Councilmember Jerzak stated there is a vacancy on the Charter Commission as well. Ms. Suciu stated there are one or two vacancies on the Charter Commission, but it is a different appointment process. More information is available online. Councilmember Moore pointed out she only received the applications a few hours before the City Council meeting. She requested information be provided to the Council with more notice. On the whole, she is supportive of anyone interested in volunteering to serve Brooklyn Center. Ms. Suciu stated she sent out the applications out as soon as she receives them. Two applications for the Planning Commission were received over the weekend. Because of the Thursday Planning Commission meeting, they are being considered on a quicker timeline. Page 21 of 107 1/27/25 -10- DRAFT Councilmember Kragness asked if the two Planning Commission appointees are aware of the meeting on Thursday. Ms. Suciu explained the Planning Commission recommendations are re- appointments. They reapplied after urgency was expressed to them. Councilmember Moore moved Councilmember Kragness seconded to appoint the recommended candidates to their respective Commissions. The motion passed unanimously. Mayor Graves reiterated there is still one vacancy on the Planning Commission, two or three on the Housing Commission, one on the Financial Commission, and two on the Cultural Arts Commission. 11. COUNCIL REPORT Councilmember Kragness reported on her attendance at the following and provided information on the following upcoming events: •Attended the legislative breakfast, learned about the top priorities of nearby jurisdictions, and advocated for Brooklyn Center’s legislative priorities. Councilmember Jerzak reported on his attendance at the following and provided information on the following upcoming events: •Met with constituents regarding Hwy 252 and water bills. Councilmember Moore reported on her attendance at the following and provided information on the following upcoming events: •Attended the Parks and Recreation Commission and participated in discussions regarding sustainability. •Asked about the process for the minutes. Ms. Suciu stated once minutes are approved, they are posted online. •Noted Hennepin County is looking for Recycling Ambassadors. Mayor Graves reported on her attendance at the following and provided information on the following upcoming events: •Attended Northwest Tourism annual meeting. •Recorded Mayor’s Minutes with CCX. •Met with constituents. •Participated in the Cultural Arts Commission meeting. Page 22 of 107 1/27/25 -11- DRAFT Councilmember Jerzak pointed out he attempted to attend the tourism meeting remotely, but it didn’t work. Mayor Graves stated she can ask for the presentation to be shared with the rest of the Council. Ms. Suciu explained when Staff sets up a meeting in the calendar, there is automatically a Teams meeting set up. They are still getting used to the new programs. She apologized for the error. 12. ADJOURNMENT Mayor Graves moved and Councilmember Kragness seconded adjournment of the City Council meeting at 8:08 p.m. Motion passed unanimously. Page 23 of 107 1/27/25 -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 JANUARY 27, 2025 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 8:16 p.m. ROLL CALL Mayor/President April Graves and Councilmembers/Commissioners Dan Jerzak, Teneshia Kragness, and Laurie Ann Moore. Councilmembers/Commissioners Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Economic Development Manager Ian Alexander, Community Development Director Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, City Clerk Barb Suciu, Deputy City Clerk Shannon Pettit and City Attorney Siobhan Tolar. CONCEPT REVIEW: 5400 BLOCK OF BROOKLYN BOULEVARD (TOWNHOUSE DEVELOPMENT) City Manager Reggie Edwards introduced the item and invited Economic Development Manager Ian Alexander to continue the Staff presentation. Mr. Alexander stated Amani Construction and Development was founded in 2013. It is locally owned and lead by a BIPOC woman. The company partners with the Minneapolis Homes program and the St. Paul Inspiring Communities program. They build market-rate and affordable housing developments. Mr. Alexander stated the site is 5400 Brooklyn Boulevard. 5415, 5407, and 5401 were acquired for realignment of Brooklyn Boulevard. The site is difficult to redevelop. The parcel was replatted and zoned medium density. Mr. Alexander explained the concept is for 11 townhouse units with three or four bedrooms per unit. The units would include a two-stall backload garage, a private front yard, and a deck or balcony for each unit. In addition, the proposal features 15 visitor parking stalls, a small playground, and a shared green space. Page 24 of 107 1/27/25 -2- DRAFT Mr. Alexander asked if the Council/EDA would support the use of EDA-owned property for the proposal. There is consideration of a luxury exterior. The original plan was for owner-occupied. The affordability components would be for 80 to 120 percent Area Median Income (AMI). Mayor/President Graves noted her support of the proposal. The Council/EDA has been interested in more owner-occupied homes in Brooklyn Center. Councilmember/Commissioner Kragness agreed she supports the project. It is a great location, and its proximity to schools is convenient. Councilmember/Commissioner Moore pointed out the proposal mentions 60 to 80 percent AMI. Mr. Alexander clarified the 80 to 120 percent range was part of a recent phone conversation with the developer. He corrected himself and explained the maximum end of the AMI range would be 115 percent. The range is realistic considering the current market. Councilmember/Commissioner Moore asked if there is a guarantee the units will remain owner- occupied. Planner and Zoning Administrator Ginny McIntosh pointed out that the City has included written stipulations regarding rentals in past development agreements. Councilmember/Commissioner Jerzak added the site is difficult to develop. The proposal is merely in the concept review phase. He asked if the Down Payment Assistance Program through Brooklyn Center would apply to the proposed units. Community Development Director Jesse Anderson explained the Down Payment Assistance Program covers up to 115 percent AMI. He pointed out the Program is now run through the County. Councilmember/Commissioner Jerzak asked if there is a plan for a Homeowner’s Association because that could impact affordability. Mayor/President Graves noted she has received comments regarding how beautiful Wangstad Commons is. ADJOURNMENT Mayor/President Graves moved and Councilmember/Commissioner Jerzak seconded adjournment of the City Council/Economic Development Authority Work Session at 8:27 p.m. Motion passed unanimously. Page 25 of 107 Council Regular Meeting DATE: 2/10/2025 TO: City Council FROM: Shannon Pettit, Deputy City Clerk THROUGH: Barb Suciu, City Clerk BY: Barb Suciu, City Clerk SUBJECT: Approval of Licenses Requested Council Action: - Motion to approve the licenses as presented. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances unless comments are noted below the property address on the attached rental report. Mechanical I Site 2 Plumbing 8515 116th St NE, Clear Lake 55319 SC Service LLC 28815 111th St NW, Zimmerman 55378 Travis Glanzer HVAC 2470 Island Dr., Spring Park 55384 Air Conditioning Associates 55 Ivy Ave W, St. Paul 55117 Performance Mechanical 3457 Willow Beach Trail SW, Prior Lake 55372 Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. Rental Criteria 2. For Council Approval 2.10.25 FOR COUNCIL 1.14 to 1.28 Page 26 of 107 Page 27 of 107 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 Page 28 of 107 License Location Address License Subtype Renewal/Initial Owner Property Code Violations License Type Police CFS* Final License Type** Previous License Type*** Consecutive Type IV's BL24-0728 5542 Judy La Single Initial Kao Yang & Mai Yer Xiong 5 Type II N/A Type II N/A N/A BL24-0674 4200 Lakebreeze Ave N Multiple Family 1 Bldg 4 Units Renewal AZ Rental Apartments Met Requirements 12 = 3 per unit Type III 0 Type III Type III N/A BL24-0615 6915 Humboldt Ave N Multiple Family 2 Bldgs 50 Units Renewal Lynwood Pointe Llc Met Requirements 284 = 5.7 per unit Type IV 0 Type IV Type IV 2 BL24-0771 2118 Ericon Dr Single Renewal Marco Panora Did Not Meet Requirements 1 Type I 0 Type IV Type IV 5 BL24-0486 2806 66th Ave N Single Renewal Thown Va Thor 16 Type IV 0 Type IV Type III 0 BL24-0773 3328 49th Ave N Single Renewal From Mat To Life Llc Did Not Meet Requirements 5 Type II 0 Type III Type III N/A BL24-0592 3349 49th Ave N Single Renewal Incobex Homes Llc 10 Type IV 0 Type IV Type III 0 BL25-0005 3813 58th Ave N Single Renewal Prosperous Propertyllc 0 Type I 0 Type I Type I N/A BL24-0690 4912 Zenith Ave N Single Renewal Ez-2013a Llc Met Requirements 2 Type I 0 Type I Type III N/A BL24-0719 5356 71st Cir Single Renewal Xiaoyan Hu Trust Did Not Meet Requirements 3 Type II 0 Type III Type III N/A BL24-0744 5415 Penn Ave N Single Renewal Paul Peter Leintz 3 Type II 0 Type II Type II N/A BL24-0543 5418 70th Cir Single Renewal Jazz Properties MN 14 Type IV 0 Type IV Type II 0 BL24-0601 5621 Humboldt Ave N Single Renewal Abad Martinez Did Not Meet Requirements 6 Type III 0 Type IV Type IV 2 BL24-0701 5701 James Ave N Single Renewal Sunset View Rentals Llc Did Not Meet Requirements 1 Type I 0 Type IV Type IV 3 BL24-0648 5800 Girard Ave N Single Renewal T C Bardal & C N Bardal 4 Type II 0 Type II Type I N/A BL24-0731 5856 Dupont Ave N Single Renewal One World Properties 1 Type I 0 Type I Type I N/A BL24-0664 5959 Camden Ave N Single Renewal D & T Properties Llc 4 Type II 0 Type II Type II N/A BL24-0608 6312 France Ave N Single Renewal O OLADEJI & O OLADEJI Did Not Meet Requirements 0 Type I 0 Type IV Type IV 3 BL24-0589 6801 Ewing Ave N Single Renewal ANTOINETTE S/HAROLD A BARRY Did not Meet Requirements 6 Type III 0 Type IV Type IV 2 BL24-0602 7037 Fremont Ave N Single Renewal Edwina P Mcgill Did Not Meet Requirements 1 Type I 0 Type IV Type IV 3 BL24-0023 7201 Riverdale Rd Single Renewal G Persaud & M Persaud 9 Type III 0 Type III Type III N/A Rental Licenses for Council Approval 2.10.25 Page 29 of 107 BL25-0003 7218 Kyle Ave N Single Renewal Prosperous Property Llc 0 Type I 0 Type III Type III N/A *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 sow 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 Page 30 of 107 Council Regular Meeting DATE: 2/10/2025 TO: City Council FROM: Barb Suciu, City Clerk THROUGH: Daren Nyquist, Deputy City Manager BY: Barb Suciu, City Clerk SUBJECT: Resolution Amending Resolution No. 2025-009; Appointing Brooklyn Center Representatives to Executive Committees and/or Board of Directors for Northwest Suburbs Cable Communications Commission Requested Council Action: - motion to approve a resolution amending resolution no. 2025-009 Background: At the January 9, City Council meeting, resolution 2025-009, appointing Brooklyn Center Representatives to Executive Committees was approved. One of the appointments was to the Northwest Suburbs Cable Communications Commission. Mayor Graves received notification of resignation from Councilmember Jerzak for that commission appointment. This resolution amends 2025-009, and appoints Mayor Graves as the replacement for the Northwest Suburbs Cable Communications Commission. Budget Issues: None Inclusive Community Engagement: None Antiracist/Equity Policy Effect: None Strategic Priorities and Values: ATTACHMENTS: 1. Northwest Cable Communications Commission reappointment Page 31 of 107 CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 2025-009; APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS FOR NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and WHEREAS, at the January 13, 2025, the City Council approved Resolution 2025- 009, with appointments for the Northwest Suburbs Cable Communication Commission; WHEREAS, the appointed Council representative has resigned from that appointment; and WHEREAS, the new appointment will be Mayor Graves. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, approve amending Resolution NO. 2025-009; Appointing Brooklyn Center Representative to the Executive Committee and/or Board of Directors for Northwest Suburbs Cable Communications Commission February 10, 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: none whereupon said resolution was declared duly passed and adopted. Page 32 of 107 Council Regular Meeting DATE: 2/10/2025 TO: City Council FROM: Ahmed Omer, City Engineer THROUGH: Elizabeth Heyman, Director of Public Works BY: Ahmed Omer, City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2024-13,14, Lift Station 9 Rehab Requested Council Action: Motion to approve the resolution accepting the lowest responsible bid and award a contract to Minger Construction Companies, Inc. for Improvement Project Nos. 2024- 13,14, Lift Station 9 Rehabilitation. Background: Bids for the Improvement Project Nos. 2024-13,14, Lift Station 9 Rehabilitation were received and opened on January 9, 2025. The bidding results are tabulated below: Bidder Total Base Bid Minger Construction $1,894,159.40 Meyer Contracting $1,996,792.16 Pember Companies $2,287,164.15 SM Hentges $2,436,000.00 Of the four (4) bids received, the lowest bid of $1,894,159.40 was submitted by Minger Construction Companies, Inc. Minger Construction Companies, Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount $1,894,159.40 is within 10% of the 2024 budgeted amount. The total estimated budget including contingencies, administration, engineering and legal was $2,101,000 and after review with Finance is amended to $2,313,159.40, an increase of approximately 10%. (see attached Resolution – Costs and Revenues tables). Contractors’ elevated concerns about silty, organic soils and high groundwater levels appear to have driven up the bid. These conditions may complicate open-cut trenching—where trench walls can become unstable—and directional drilling, which may require more extensive dewatering. The successful bidder has factored in these challenges, reducing the likelihood of future change orders. Inclusive Community Engagement: N/A Page 33 of 107 Antiracist/Equity Policy Effect: N/A Strategic Priorities and Values: ATTACHMENTS: 1. Lift Station No. 9 01102025 2. 2025 Lift Station 9 - Bid Award - Res Page 34 of 107 M E M O R A N D U M Date: January 10, 2025 To: Ahmed Omer, P.E., City Engineer From: Kevin Kielb, P.E., Principal Engineer Subject: Bid Results and Recommendation Lift Station No. 9 Improvements Four bids were received for the above project. The bids were publicly read aloud at 10:00 A.M. on January 9, 2025. The bids were then reviewed, tabulated and the results are summarized below: CONTRACTOR TOTAL BID Minger Construction Co. Inc. $1,894,159.40 Meyer Contracting Inc. $1,996,792.16 Pember Companies, Inc. $2,287,164.15 S.M. Hentges & Sons, Inc. $2,436,000.00 The final engineer’s estimate for the project was $1,611,478.75 We reviewed Minger Construction’s bid and compared it to the Engineer’s Estimate and the other bids received. It is our opinion that the bid is responsive and not materially unbalanced. If the City of Brooklyn Center decides to award the project to the low bidder, we recommend awarding the contract to Minger Construction Company, Inc. in the amount of $1,894,159.40. If you have any questions, please contact me at (651) 968-7760. Page 35 of 107 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2024-13,14 LIFT STATION 9 REHABILITATION PROJECT WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2024-13,14, bids were received, opened and tabulated on the 9th day of January, 2025. Said bids were as follows: Bidder Total Base Bid Minger Construction Co. Inc. $1,894,159.40 Meyer Contracting Inc. $1,996,792.16 Pember Companies, Inc. $2,287,164.15 SM Hentges & Sons, Inc. $2,436,000.00 WHEREAS, the city’s consultant, Bolton & Menk, recommends that the contract be awarded based on the total bid; WHEREAS, it appears that Minger Construction Companies, Inc. of Jordan, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Minger Construction Companies, Inc. of Jordan, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2024-13,14 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are as follows: Amended COSTS Estimate per Low Bid Construction Contract $ 1,611,000.00 $ 1,894,159.40 Admin/Legal/Engr. $ 239,000.00 $ 230,000.00 Contingency $ 251,000.00 $ 189,000.00 Total Estimated Project Cost $ 2,101,000.00 $ 2,313,159.40 Amended Amended REVENUES Estimate per Low Bid Sanitary Sewer Funds $ 2,101,000.00 $ 2,313,159.40 Page 36 of 107 RESOLUTION NO. _______________ February 10, 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. Page 37 of 107 Council Regular Meeting DATE: 2/10/2025 TO: City Council FROM: Ian Alexander, Economic Development Manager, Amy Loegering, Economic Development Coordinator THROUGH: Jesse Anderson, Community Development Director BY: Amy Loegering, Economic Development Coordinator SUBJECT: Resolution Supporting the Pursuit of a 2025 Rebuilding American Infrastructure with Sustaininbility and Equity (RAISE) Grant for the Highway 100 Connectivity Study Requested Council Action: Motion to approve resolution supporting the pursuit of a 2025 rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant for the Highway 100 connectivity study Background: Staff recommends that the City Council approve the resolution supporting pursuit of a 2025 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant for the Highway 100 connectivity study. The Minnesota Department of Transportation intends to remove the John Martin Drive bridge over Highway 100 during maintenance of Highway 100 currently scheduled for approximately 2028. EDA believes it is in the interest of the Brooklyn Center community to study alternatives to removal of the John Martin Drive bridge as there are few locations where pedestrian and bicycle traffic can safely cross Highway 100. The lack of locations for safe multi-modal crossing of Highway 100 interrupts Brooklyn Center’s bike and pedestrian paths. Those who primarily rely upon non-motorized transportation have few options. This is an area of concern because Hennepin County services, including the library, Brooklyn Center City Hall, Brooklyn Center’s Community Center, HealthPartners’ Clinic, and soon a Social Security Office are all located in a relatively small geographic area on the Northwest side of Highway 100. Likewise, numerous trails and parks, the Brooklyn Center municipal golf course and the Mississippi River are located on the Southeast side of Highway 100. Instead of removal, the John Martin Drive bridge could be repurposed to allow expanded safe non- motorized travel across Highway 100. The RAISE program prioritizes projects based on safety, environmental sustainability, quality of life, mobility and community connectivity, economic competitiveness and opportunity including tourism, state of good repair, partnership and collaboration, and innovation. The proposed use of the grant funds is well-aligned with the RAISE program. If obtained, the RAISE Grant funding will study pedestrian, bicycle, and vehicle Page 38 of 107 connections over Highway 100 at the John Martin Bridge and connections within the Opportunity Site. This study includes community engagement, concept development and evaluation, environmental documentation, and the preliminary design of a priority project to improve safety and connectivity across Highway 100. Budget Issues: The requested grant amount is $800,000 with a 20% match requirement. If the Brooklyn Center receives the entire requested grant amount, a match of $120,000 is required. Staff believe that matching funds will be available from other sources. Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 0_DRAFT RAISE Resolution_City of Brooklyn Center 2. Rebuilding-American-Infrastructure-with-Sustainability-and-Equity-RAISE-One- Pager 3. hdr-usdot-raise-grant-program-12-22-2022 Page 39 of 107 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION SUPPORTING THE PURSUIT OF A 2025 REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) DISCRETIONARY GRANT FOR THE HIGHWAY 100 CONNECTIVITY STUDY WHEREAS, the U.S. Department of Transportation has published a Notice of Funding Opportunity (NOFO) for $1.5 billion in grant funding through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program for 2025; and WHEREAS, the RAISE Discretionary Grant program allows the DOT to invest in road, transit, and port projects that help communities around the country carry out projects with significant local or regional impact; and WHEREAS, the RAISE program prioritizes projects based on safety, environmental sustainability, quality of life, mobility and community connectivity, economic competitiveness and opportunity including tourism, state of good repair, partnership and collaboration, and innovation; and WHEREAS, the City of Brooklyn Center is applying for RAISE funding to study pedestrian, bicycle, and vehicle connections over Highway 100 at the John Martin Bridge. The proposed study, the Highway 100 Connectivity Study, will include community engagement, concept development and evaluation, environmental documentation, and the preliminary design of a priority project; and WHEREAS, Highway 100 separates the east and west halves of Brooklyn Center, dividing residential neighborhoods from the Brooklyn Center library, community center, and Opportunity Site; and WHEREAS, the Highway 100 Connectivity Study furthers the goals of the USDOT and the RAISE grant program by improving safety, accessibility, economic strength and global competitiveness, equity, and climate resiliency; and WHEREAS, the City of Brooklyn Center has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance, and replacement of the proposed project for its design life; and WHEREAS, the City of Brooklyn Center has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt practice. Page 40 of 107 RESOLUTION NO. _______________ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. The City of Brooklyn Center is requesting $800,000 in RAISE Planning Grant funding for the Highway 100 Connectivity Study; and 2. The City of Brooklyn Center will act as the legal sponsor supporting the Highway 100 Connectivity Study and commit to completing the project, if awarded grant funding; and 3. The City Council recognizes the legal authority of the City to apply for financial assistance, and the institutional, managerial, and financial capacity to ensure matching funds and adequate construction of the proposed project; and 4. The City of Brooklyn Center commits to providing a 20 percent local match to federal funds of $160,000 and will fund any additional cost overruns or study costs from non- federal sources; and a. The City of Brooklyn Center will apply to the Infrastructure Investment and Jobs Act (IIJA) Discretionary Match Program of the Minnesota Department of Transportation (MnDOT) as the source for local match funds. This program makes funding available to recipients that have directly received a federal discretionary award for a transportation-related purpose under IIJA and will be used as matching fund. 5. The City will enter into an agreement for the above-referenced project and comply with all applicable laws and regulations as stated in all contract agreements. 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. Page 41 of 107 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Agency U.S. Department of Transportation Category Roads, Bridges, and Major Projects Eligible Applicants States; territories; a unit of local government; a public agency or publicly chartered authority established by one or more States; a special purpose district or public authority with a transportation function, including a port authority; a Federally recognized Indian Tribe or a consortium of such Indian Tribes; a transit agency; and a multi-State or multijurisdictional group of entities that are separately eligible. Total BIL Funding $7.5 Billion over five years. FY24 Grant Funding FY24 funding levels are TBD. Match Requirements Based on the FY23 NOFO (Notice of Funding Opportunity), the match requirement is expected to be 20% of the total project cost unless the project is located in a rural area (areas located outside a Census-designated urbanized area with a population of greater than 200,000), a historically disadvantaged community (HDC), or an area of persistent poverty (APP). DOT provides more information on the definition of an HDC and APP here. For projects located in these areas, DOT may increase the federal cost share. Key Dates Based on FY23 dates, the FY24 NOFO should be released in early winter 2023. Overview According to the Department of Transportation, RAISE Grants are for investments in surface transportation that will have a significant local or regional impact. Previously known as BUILD and TIGER, this discretionary transportation infrastructure program allows project sponsors at the State and local levels to obtain funding for multi-modal, multi-jurisdictional projects that are more difficult to support through traditional DOT programs. localinfrastructure.org Eligible Activities RAISE grants can be used for planning or capital construction grants. Per the FY23 NOFO: Planning grant eligible activities include the planning, preparation, or design of eligible capital projects, and activities related to multidisciplinary projects or regional planning, such as Development of master plans, comprehensive plans, transportation corridor plans, and integrated economic development, land use, housing, and transportation plans Zero emissions plan for transit fleet Planning activities related to the development of a multimodal freight corridor, including those that seek to reduce conflicts with residential areas and with passenger and non-motorized traffic Planning activities related to zero emissions goods movement Development of port and regional port planning, including State-wide or multi-port planning within a single jurisdiction or region Risk assessments and planning to identify vulnerabilities and address the transportation system’s ability to withstand probable occurrence or recurrence of an emergency or major Disaster 1. 2. 3. 4. 5. 6. Page 42 of 107 localinfrastructure.org Opportunities for Climate and Racial Wealth Equity RAISE is a Justice40 program and DOT seeks to improve equity and environmental justice by addressing transportation-related disparities and climate change-related consequences. Specifically, RAISE will fund projects that, to the extent possible, target at least 40% of resources and benefits towards low-income communities, disadvantaged communities, communities underserved by affordable transportation, or overburdened communities. Key Funding Criteria Based on the FY23 NOFO, applicants can expect to be evaluated on the project’s impact on safety, environmental sustainability, quality of life, mobility and community connectivity, economic competitiveness and opportunity, state of good repair, partnership and collaboration, and innovation. Additional Information Based on the FY23 NOFO, no more than 15% of RAISE funding available each year may be allocated to projects in a single state. Capital construction (or a “Capital Project”) grants eligible activities are surface transportation capital projects related to: Highway, bridge, or other road projects Public transportation projects Passenger and freight rail transportation projects Port infrastructure investments (including inland port infrastructure and land ports of entry) The surface transportation components of an airport project Intermodal projects Projects to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species while advancing the goals of the RAISE program Projects investing in surface transportation facilities that are located on Tribal land and for which title or maintenance responsibility is vested in the Federal Government Any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goals of the program, including: Transit-oriented development projects Mobility on-demand projects that expand access and reduce transportation cost burden Intermodal projects 1. 2. 3. 4. 5. 6. 7. 8. 9. a. b. c. This information is sourced from the Department of Transportation RAISE website and from the FY23 NOFO. Page 43 of 107 USDOT Discretionary Grants Opportunity Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program RAISE is a competitive discretionary grant program authorized under the Bipartisan Infrastructure Law to close the funding gap for surface transportation infrastructure projects with a significant regional or local impact. The program will award at least $1.5 billion in Fiscal Year 2023 for projects that address the following objectives: •Improve safety •Environmental sustainability •Quality of life •Mobility and community connectivity •State of good repair •Partnership and collaboration •Innovation •Economic competitiveness and opportunity including tourism A December 14, 2022, update to the Notice of Funding Opportunity for this program addresses funds available, qualifications and application requirements. APPLICATION DEADLINE: All applications are to be received no later than: Feb. 28, 2023 11:59 p.m. EST December 21, 2022 Page 44 of 107 Changes from the FY 2022 NOFO The program incorporates a number of changes from FY 2022: •There are minimum award amounts for planning grants ($1 million rural; $5 million urban). •The FY 2023 NOFO refines the merit criteria rating rubric to clarify differences and establish clear definitions. •The Project Readiness area of the Technical Capacity Assessment will not be evaluated for all applicants. Instead, it will only be evaluated for applicants that advance to additional analysis after merit reviews. •A new Reconnecting Communities Extra element is added. Its project scope will be identical to that of the FY 2022 Reconnecting Communities Program. “Reconnecting Extra” is a partially funded capital grant that may provide supplemental USDOT discretionary program funding though the RAISE program. •Application requirements have been revised, including specific instructions for uploading 11 attachments in support of each application. Eligible capital projects include projects or groups of related projects such as: •Highway, bridge or other road projects •Public transportation projects •Passenger and freight rail transportation projects •Port infrastructure investments (port infrastructure and land ports of entry) •Surface transportation components of an airport project •Intermodal projects •Projects to replace or rehabilitate a culvert or prevent stormwater runoff •Projects investing in surface transportation facilities that are located on Tribal land •Other surface transportation infrastructure projects that are necessary to advance the goals of the program Eligible planning projects include projects or groups of related projects such as: •Planning, preparation or design of eligible surface transportation capital projects •Development of master plans, comprehensive plans, transportation corridor plans and plans that integrate economic development, land use, housing and transportation •Zero emission plans for transit fleets •Planning activities related to the development of a multimodal freight corridor •Planning activities related to zero emissions goods movement •Development of port and regional port planning •Risk assessments and planning to identify vulnerabilities (address the transportation system’s ability to withstand an emergency or major disaster). Eligible Applicants •States and the District of Columbia •Any territory or possession of the United States •Unit of local government •A public agency or publicly chartered authority established by one or more states •Special purpose district or public authority with a transportation function •Federally recognized Indian Tribe or consortium of such Indian Tribes •Transit agency •Multi-state or multijurisdictional group of separately eligible entities Page 45 of 107 Federal Award Information The minimum RAISE grant award is $5 million in urban areas and $1 million in rural areas; grants may not be greater than $25 million. FY 2023 RAISE grant funds are available for obligation through September 30, 2027, and funds must be expended by September 30, 2032. Grant Fund Awards Distribution and Restrictions Half of the funds awarded (not more than $750 million) will be awarded to rural projects and half to urban projects. Additionally, USDOT will award at least $75 million for the planning, preparation or design of eligible projects. No more than 15 percent of the funds made available for RAISE grants (or $225 million) may be awarded to projects in a single State. Cost Sharing or Matching The federal share of project costs may not exceed 80 percent unless the project is in a rural area, a Historically Disadvantaged Community (HDC), or an Area of Persistent Poverty (APP). The NOFO includes a cost sharing or matching equation recommended by USDOT to determine the cost share. USDOT does not use an applicant’s cost share when evaluating applications on merit. Areas of Persistent Poverty and Historically Disadvantaged Community Federal cost share may be increased above 80 percent for projects located in APP or HDCs. USDOT must award at least $15 million for projects located in APP or HDCs. APP is defined as any county that has consistently had greater than or equal to 20 percent of the population living in poverty during the 30 years preceding November 15, 2021. HDC will be part of the implementation of the Justice40 Initiative and will use that definition for the NOFO notice. HDCs include a certain qualifying census tract, any Tribal land, or any territory or possession of the United States. Merit Criteria USDOT will consider whether the anticipated benefits are clear, direct, data-driven, and significant (rating either “high”, “medium”, “low” or “non-responsive”): •Safety: seeks to protect motorized or non-motorized travelers and communities from safety risks •Environmental Sustainability: incorporates considerations of climate change and environmental justice in the project planning or delivery stage •Quality of Life: increases affordable transportation choices and expands active transportation usage or significantly reduces vehicle dependence •Mobility and Community Connectivity: addresses system-wide connectivity with access to transit, micro- mobility and mobility-on-demand •Economic Competitiveness and Opportunity: improves intermodal or multimodal freight mobility, facilitates tourism and promotes robust job creation •State of Good Repair: mitigates current or projected system vulnerabilities and restores and modernizes existing core infrastructure assets •Partnership and Collaboration: collaborates with public and/or private entities and engages residents and community-based organizations to ensure equity •Innovation: uses innovative technologies, innovative project delivery; or innovative financing To receive a “high” criterion rating, the criterion must be addressed as a primary project purpose, include clear, direct, data-driven (capital projects only), significant benefits, and must align with at least one of the benefits described in the high column of the merit criteria rubric listed in the NOFO. A project is recommended if six or more of the eight merit criteria ratings are “high” and none of the merit criteria ratings are “non-responsive.” Page 46 of 107 Your Infrastructure Finance and grant writing professionals stand by ready to support project sponsors applying for funding from the RAISE Grant Program. If you need any assistance or have questions, please contact: Nathan Macek | nathan.macek@hdrinc.com | Matthew Volz | matthew.volz@hdrinc.com | Daphne Federing| daphne.federing@hdrinc.com hdrinc.com We practice increased use of sustainable materials and reduction of material use. © HDR, all rights reserved. Application Instructions As in previous years, applications must be submitted via Grants.gov, but other aspects of the application process have changed. USDOT directs applicants to submit the requested information in eleven different application files and in the following order, using the following file names (documents should be submitted in PDF unless otherwise specified): 1. SF-424 Application for Federal Assistance 2. FY 2023 RAISE Project Information Form (in Excel) 3. Project Description (5-page limit) 4. Project Location File 5. Project Budget (5-page limit) 6. Funding Commitments 7. Merit Criteria Narrative (15-page limit) 8. Project Readiness (5-page limit) 9. Benefit-Cost Analysis (BCA) Narrative 10. BCA Calculations (unlocked spreadsheet file) 11. Letters of Support (Optional) Review and Selection Process The RAISE grant program review and selection process consist of merit criteria review; project readiness review (technical capacity assessment, environmental risk assessment, and financial completeness assessment); economic analysis; and senior review. Applications selected for RAISE funding must demonstrate efforts to consider climate change and environmental justice impacts; entities are required to do so before receiving funding. USDOT will first evaluate all projects against the RAISE merit criteria. Competitive capital (construction) applications will undergo a second-tier analysis of project readiness (environmental risk assessment, financial completeness assessment, and technical capacity assessment) and their economic (benefit-cost) analysis. Second-tier analysis for planning projects consists of a financial completeness assessment and a technical capacity assessment. Applications are due February 28, 2023, by 11:59 PM Eastern Time on Grants.gov, and selections will be announced no later than June 28, 2023. Page 47 of 107 Council Regular Meeting DATE: 2/10/2025 TO: City Council FROM: THROUGH: BY: LaToya Turk, Director of Community Prevention, Health & Safety SUBJECT: Proclamation for American Heart Association Heart Health Month, February 2025 Requested Council Action: Background: Each February, Heart Health Month provides an opportunity for communities to come together to raise awareness about the importance of cardiovascular health and to promote life-saving resources and practices. Recognizing this month is crucial to empowering individuals to take proactive steps toward better heart health while addressing the inequities that impact so many of our residents. By officially recognizing February as Heart Health Awareness Month, the City of Brooklyn Center demonstrates its commitment to the health and well-being of all residents. This recognition aligns with our Health on the Go initiative, which brings critical health services and education directly to our community, as well as our broader strategic goals to promote public health and equity. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. Heart Health Month Febuary Page 48 of 107 Proclamation Declaring the City of Brooklyn Center, recognizes the Month of February 2025 as “Heart Health Awareness Month” Every day, millions of people face the challenges associated with heart disease and stroke, many of which can be prevented or managed with proper awareness, education, and care. Unfortunately, barriers such as limited access to healthcare, lack of resources, and systemic health inequities leave many individuals—particularly those in underserved and diverse communities like ours in Brooklyn Center—without the support they need. Each February, Heart Health Month provides an opportunity for communities to come together to raise awareness about the importance of cardiovascular health and to promote life-saving resources and practices. Recognizing this month is crucial to empowering individuals to take proactive steps toward better heart health while addressing the inequities that impact so many of our residents. By officially recognizing February as Heart Health Awareness Month, the City of Brooklyn Center demonstrates its commitment to the health and well-being of all residents. This recognition aligns with our Health on the Go initiative, which brings critical health services and education directly to our community, as well as our broader strategic goals to promote public health and equity. This is a time to amplify the voices of individuals and organizations working tirelessly to prevent and manage heart disease, to educate about the importance of heart health, and to encourage healthier lifestyles. By taking this step, we affirm that Brooklyn Center is not only a leader in awareness efforts but also a supportive partner to organizations like the American Heart Association in creating a healthier future for all. WHEREAS, the City of Brooklyn Center, Minnesota, is a diverse and vibrant community dedicated to promoting health, wellness, and equitable access to resources for all its residents; and WHEREAS cardiovascular disease remains the leading cause of death in the United States, disproportionately affecting Black, Indigenous, and People of Color (BIPOC) communities, women, and low-income populations, which are significant demographics within Brooklyn Center; and WHEREAS the American Heart Association is committed to advancing heart health for all through education, prevention, and advocacy, and aligns with Brooklyn Center's mission to address health disparities and improve health outcomes for its residents; and Page 49 of 107 WHEREAS the City of Brooklyn Center's Health on the Go initiative seeks to bring critical health education, screenings, and services directly to our neighborhoods, improving access to preventive care, including for heart disease and stroke; and WHEREAS, lifestyle changes, including increased physical activity, healthier eating, and regular health screenings, have been proven to reduce the risk of cardiovascular disease, and the city is committed to promoting these changes through public health initiatives and partnerships; and WHEREAS Brooklyn Center residents, businesses, and organizations play a vital role in improving community health by working together to support healthy living, equitable access to healthcare, and culturally responsive programs and services; and WHEREAS, recognizing February as Heart Health Awareness Month provides an opportunity to raise awareness about cardiovascular disease and empowers residents to take proactive steps to improve their heart health, ultimately creating a healthier and more resilient community. NOW, THEREFORE, I, Mayor April Graves, Mayor of the City of Brooklyn Center, Minnesota, do hereby proclaim February 2025 as: AMERICAN HEART ASSOCIATION HEART HEALTH AWARENESS MONTH in the City of Brooklyn Center and encourage all residents to participate in activities and initiatives to improve heart health, including taking advantage of Health on the Go services, engaging in regular physical activity, seeking health screenings, and advocating for equitable healthcare access. WHEREAS The City of Brooklyn Center wishes to enhance public awareness of heart health; and NOW, THEREFORE, I, April Graves, Mayor of the City of Brooklyn Center, do hereby proclaim the month of February 2025, as “American Heart Association Heart Health Awareness Month” in the City of Brooklyn Center, and encourage our residents to educate themselves and show compassion for others who are navigating heart health challenges. Further, I publicly commend the service of staff and community partners who center heart health well-being for all. Date Mayor ATTEST: Page 50 of 107 Page 51 of 107 Council Regular Meeting DATE: 2/10/2025 TO: City Council FROM: Ginny McIntosh, Planning Manager THROUGH: Jesse Anderson, Community Development Director BY: Ginny McIntosh, Planning Manager SUBJECT: An Ordinance Adding New Section 356-4500 to the Brooklyn Center City Code of Ordinances Regarding the Establishment of Adult-Use Cannabis Business Zoning Regulations - First Reading Requested Council Action: 1. Motion to approve a first reading of an ordinance amending Chapter 35 of the Brooklyn Center City Code of Ordinances by adding new Section 35-4500 to implement the provisions of the Minnesota Statutes Chapter 342, which authorizes the City of Brooklyn Center to protect the public health, safety, and welfare of Brooklyn Center residents by regulating cannabis businesses within the legal boundaries of Brooklyn Center, and set the second reading for February 24, 2025; and Background: City staff is requesting City Council approve certain amendments to Chapter 35 of the City Code of Ordinances that will ultimately provide direction with respect to adult-use cannabis and Lower Potency Hemp Edible (LPHE) uses in the City of Brooklyn Center. Minnesota’s Office of Cannabis Management (OCM) is the new state regulatory office created to oversee the implementation and regulation of the adult-use cannabis market, the medical cannabis market, and the consumer hemp industry. The 2025 Licensing Cycle was recently revised and the OCM tentatively plans to hold a lottery for both social equity and general cannabis license applicants in May or June 2025; therefore, it is in the City’s best interest to make amendments to impacted City Code chapters in advance of any cannabis licenses being issued. In accordance with the OCM’s vetting process, local governments must certify that the applicant with preliminary approval has achieved compliance with their local zoning ordinance prior to the licensee receiving final approval from the OCM to commence operations. Local units of government will have 30 days to respond to this request for certification of compliance; otherwise, the OCM will issue a license. Although local governments may not issue outright bans on cannabis businesses, or limit operations in a manner beyond what is provided by state law, local governments have been granted some oversight, including the ability to identify which zoning districts are most compatible for the 13 identified cannabis business license types, and the Page 52 of 107 incorporation of any buffers. The City utilized the OCM’s Guide for Local Governments on Adult-Use Cannabis, last updated on January 6, 2025, as a reference in determining the municipal considerations for each endorsed activity and license type. They note in their guide that local units of government have the statutory authority to limit retail registrations if they desire, and that applicants should understand this prior to making any decisions about site locations. As ordinance amendments require a public hearing, a public hearing notice was published in the Brooklyn Center Sun Post on January 16, 2025, and the aforementioned hearing was held at a special Planning Commission session on January 30, 2025. The Planning Commission was provided with a presentation by City staff and an extensive discussion ensued on the different license types, the compatibilities of each license type as they relate to the City’s identified zoning districts, and potential considerations and impacts for each of the license types. Present at the meeting were two members of the public, as well as the City Attorney. Only one member of the public spoke during the hearing. They inquired on the definition of a “Mezzobusiness,” and requested clarification on whether a municipal cannabis store would be factored into the minimum number of cannabis retail registrations required for a municipality. The Commissioners engaged in a broad discussion surrounding the ability of cities to regulate adult-use cannabis, and City staff walked through an online interactive cannabis restriction map created by LOGIS for the City of Brooklyn Center and for the purposes of visualizing these buffers. The map identified schools, daycares, residential treatment facilities, and park attractions regularly used by minors, and displayed potential buffer options as permitted under state law. Additional time was spent discussing impacts to other City Code chapters and how it might relate to the ordinance amendments required under Chapter 35 (Unified Development Ordinance). The Commissioners indicated that there should be consistency with respect to the use of definitions and terminology. Although the focus of the buffer conversations centered around potential adult-use cannabis retailer locations, City staff reminded the Commissioners that these buffers would also be in effect for other cannabis businesses, including cultivators, manufacturers, wholesalers, and medical cannabis. There was no consensus among the Commissioners regarding specific buffer distance requirements; however, all six Commissioners present were in agreement that there should be buffers in place. One Commissioner was open to 400-foot minimum buffers for daycares serving minors and residential treatment facilities, while two other Commissioners expressed a desire for a maximum 1,000-foot buffer from schools. The majority of Commissioners appeared to desire at least a 500-foot buffer for schools, daycares, residential treatment facilities, and park attractions regularly used by minors. It should be noted that Minnesota Statutes Chapter 342 allows local units of government to implement maximum buffers for schools (1,000 feet), daycares (500 feet), residential treatment Page 53 of 107 facilities (500 feet), and park attractions regularly used by minors (500 feet), but they are not required. Although the OCM is silent on the issue, the City Attorney noted that the Planning Commission and City Council could also consider minimum distancing between cannabis businesses if it so chose. City Staff noted that there are some Planned Unit Developments (PUDs), such as Shingle Creek Crossing, that do not contemplate, or have recorded restrictions on the growing, delivering, transferring, supplying, dispensing, dispersing, distributing, or selling of marijuana. As such, their agreements, covenants, and restrictions would need to be amended to allow for cannabis businesses. In reviewing the interactive map and experimenting with the different buffer allowances, City staff identified portions of the Brookdale Corner shopping center, which is home to Cub Foods, as well as the shopping center at 6215 Brooklyn Boulevard (Vinai Market, Vista Salons), and 615 66th Avenue North (AllTaco, Pappy’s), as potential adult-use cannabis retailer locations that fell outside any identified buffer zones. The current draft ordinance language notes that nothing shall prohibit a cannabis business to continue operating at their designated location if a school, daycare, or park feature establishes after and within the buffer; however, a cannabis business would be prohibited from establishing at a location if one of the aforementioned uses or amenities were already present and/or established and within the buffer. Chair Koenig noted that they desire minimum separation but understood it needed to be within reason. Commissioner Leino noted that as no one knows how these changes will roll out, and that we are mandated to provide for a minimum number of adult-use cannabis retailer registrations, we should, “dip our toe in the water” first. Commissioner Schonning emphasized that the City is under-resourced and is not provided with additional support; therefore, we should stick to the mandated minimums. Commissioner Dunn noted that he has family in the Denver area, where cannabis is already permitted, and while the cannabis businesses appear to be thriving, the areas surrounding them and their residents do not appear to be receiving the same benefits. Following inquiries on the former Sears site, City staff requested direction on where Cannabis cultivators could be located. This resulted in requested amendments to proposed Section 35-4504 (Adult Use Cannabis Allowable Use Table) to revise the drafted districts for Cannabis cultivators in the MX-N1, MX-N2, MX-C, TOD, C, MX-B, and I Districts, to conditional uses in the MX-B and I Districts only. As part of these discussions, the Planning Commission further requested revisions to the Cannabis Manufacturer, Process, and Extract use which was drafted as a permitted use in the MX-B and I Districts, to a conditional use in these districts. These changes to the Cannabis Cultivator and Manufacturer use types are in part due to municipal considerations identified in the Office of Cannabis Management’s Guide for Local Governments on Adult-Use Cannabis surrounding potential odors, waste, water, and energy usage, and security, as well as the identified business operations for those use types. Page 54 of 107 City staff and the City Attorney inquired on whether the Lower Potency Hemp Edible (LPHE) Manufacturer uses should mirror the Cannabis Manufacturer, Process, and Extract use; however, the Planning Commission did not seem as concerned. It should be noted "hemp manufacturing," which is an endorsed activity, converts hemp into LPHE edible products and LPHE Manufacturing is an authorized license type to conduct this activity. The OCM Guide identified potential municipal considerations of odor, waste, water, and energy for this use. If the City Council would like LPHE Manufacturers to be identified as a conditional use, rather than a permitted use, a request to amend the language will be necessary. Lastly, City staff noted that they were aware of a “cannabis college” that appeared to be in operation in Brooklyn Center. Despite contacting the Office of Cannabis Management (OCM) and requesting direction on the use, City staff was directed to work with the City Attorney. Following a recent review of the Minnesota Cannabis College website, it appears to have been recently updated to remove the courses previously available. Following discussion, the Planning Commission recommended the City postpone the inclusion of any language at this time due to insufficient information and direction. Chapter 35 currently identifies a use of “Nonresidential educational uses including Area Learning Centers (ALC), post-secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools;” however, it is a prohibited use in the I District where the identified property is located. A copy of the Planning Commission Report dated January 30, 2025, and last revised for the February 10, 2025 City Council meeting, is included with this memorandum. The report was updated to reflect revised ordinance amendment language following the Planning Commission meeting. It was additionally updated to include new Section 35- 4504 (Organization of Table) as a matter of clarification for identifying permitted, conditional, accessory, and prohibited uses for the respective cannabis businesses under new Section 35-4500. Although City staff continued to work on revisions with LOGIS staff, you may access the draft interactive Brooklyn Center Cannabis Regulations map here: https://maps.logis.org/apps/?app=ea3a210f473c450a8c9309c9ac737db0 Budget Issues: None to consider at this time as it relates to amendments to Chapter 35 regarding Adult- Use Cannabis businesses. Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: Page 55 of 107 ATTACHMENTS: 1. Revised Staff Report with Exhibits - Ordinance Amendments for Adult-Use Cannabis Business Zoning Regulations (February 10, 2025) 2. Ordinance Language - New Section 35-4500 - Adult Use Cannabis Businesses 3. Ordinance Language - Amended Section 35-9200 - Urban Agriculture Definition Page 56 of 107 PC 01/30/2025 Page 1 Planning Commission Report Date: January 30, 2025 Last Revised Date: February 10, 2025 Request: Ordinance Amendment (Text) to Chapter 35 – Adult-Use Cannabis Requested Action City staff is requesting the Planning Commission provide direction with respect to proposed amendments to Chapter 35 of the City Code of Ordinances (Unified Development Ordinance)—refer to Exhibit A. The proposed ordinance amendments are related to zoning requirements for Adult-Use Cannabis and Lower Potency Hemp Edibles (LPHE) and pursuant to new Minnesota legislation regarding the same. Local units of governments are tasked with providing guidance to potential Cannabis businesses regarding proper zoning districts and potential buffers for schools, daycares, play areas, and residential treatments centers. The amendments will add a new Adult-Use Cannabis section to the City’s UDO, including definitions, zoning regulations pursuant to license type issued by the state, and and other regulations determined by Minnesota statute Chapter 342 and related rules. The Office of Cannabis Management (OCM) initially expected to begin issuing licenses in early 2025; however, the initial lottery, which was to take place on December 2, 2024 was cancelled after State Cannabis regulators notified about two-thirds (640) of the 1,817 social equity license applicants that they would not be entered into the lottery as they did not meet the requirements of the Office of Cannabis Management. The timeline was subsequently revised to allow the time necessary to restructure the application process and review the rulemaking draft language. Image 1. Revised Licensing Cycle (Office of Cannabis Management) Page 57 of 107 PC 01/30/2025 Page 2 The OCM has started verification of the Social Equity Applicants on January 15, 2025, and the window will close on January 30, 2025. The license application will subsequently close for all applicants on March 14, 2025, and a new lottery is tentatively scheduled for May or June 2025. The public comment period for the proposed cannabis rules opened on January 13, 2025, and will remain open until February 12, 2025. As is required, a public hearing notice was published in the Brooklyn Center Sun Post on January 16, 2025—refer to Exhibit B. Background In July 2022, Minnesota Legislature made changes to Minnesota Statutes 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 mgs 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. In June 2023, the City of Brooklyn Center authorized a study and imposed a moratorium (interim ordinance) on the establishment of new uses, or the expansion of existing uses related to the sale of THC products in 2022 (Ordinance No. 2022-02). Additionally, the City established an ordinance to prohibit the use of cannabis and hemp products in public places (Ordinance No. 2023-05) and amended Chapter 23 of the City Code to address the licensing and sale of edible cannabinoid products within the City (Ordinance No. 2023-06). Then City Attorney Jason Hill 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. In May 2023, the State of Minnesota passed the Adult-Use Cannabis Act, decriminalizing the possession, use, and growth of recreational marijuana for individuals aged 21 and older, and on August 1, 2023, the full decriminalization went into effect. 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 Lower Potency Hemp Edibles (LPHE). Pursuant to the statutory scheme under new Minnesota Statutes Section 342, local governments have discretion over zoning, and the registration of businesses in each district which includes the conducting of random compliance checks on licensed businesses within the City. Local governments have the limited authority to suspend licenses for non-compliance; however, it must notify the OCM immediately. Office of Cannabis Management 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 Edible businesses to obtain a license once the State of Minnesota has established the licensing process. It includes the Division of Medical Cannabis (effective July 1, 2024), 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 impacts from cannabis prohibition and usage. The OCM released the Guide for Local Governments on Adult-Use Cannabis in August 2024; however, the Guide was subsequently revised in November 2024, and again in early January 2025 (refer to Exhibit C). This guide provides direction to local governments on licensing, zoning, and business types, and provides Page 58 of 107 PC 01/30/2025 Page 3 a model ordinance. The Office of Cannabis Management, through Chapter 342, may establish rules and policy and exercise regulatory authority over the Minnesota cannabis industry. The OCM also: • Notifies cities of a license application to check for zoning compliance; • Governs the application and licensing process for cannabis and hemp businesses, including the specific requirements for each type of license and their respective business activities; and •Conducts enforcement and inspection activities across Minnesota cannabis and hemp industries. Local Control/Next Steps Local governments may not issue outright bans on cannabis businesses, or limit operations in a manner beyond what is provided by a state law. As a first step, City staff held a work session on adult-use cannabis where City staff requested City Council’s authorization to proceed with proposed amendments to the City’s Unified Development Ordinance (UDO) or Chapter 35 and provide direction with respect to amendments relating to Adult-Use Cannabis and Lower Potency Hemp Edibles (LPHE) legislation. City staff will work with the City’s respective Planning Commission and City Council to identify and amend, as necessary, any City Codes to address the new provisions relating to Adult-Use Cannabis law. City staff has been in direct contact with the City of Bloomington, and has benchmarked other city ordinances to determine what other cities have done regarding cannabis measures, including: Brooklyn Park, Crystal, Minneapolis, Richfield, and Roseville. Cannabis Retail Restrictions (as laid out in MN Statutes 342.13) Local governments may limit the number of retailers and microbusinesses/mezzobusinesses with retail endorsements, but in no case can there be less than one retail location per 12,500 residents. State law requires the OCM to issue a license to a city or county seeking to operate a single municipal cannabis store if it so chooses; however, a municipal cannabis store is not included in the minimum number of registrations required. 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 (3) of these license types. The City of Brooklyn Center would not be obligated to seek out a business to register as a cannabis business if it has not been approached by a potential applicant, but the City cannot prohibit the establishment of a business if the population requirement is has not been met. Generally, cannabis licenses allow for multiple retail locations in Minnesota to operate under a single license, with the following limitations: Retailers: up to 5 retail locations Mezzobusinesses: up to 3 retail locations Microbusinesses: up to 1 retail location Medical cannabis combination businesses: 1 retail location per congressional district, but ability to cultivate at more than 1 location within other limitations on cultivation All other license types: 1 license permits the operation of 1 location Note: Cannabis retail sales must be in standalone shops as the primary use and cannot be accessory to another use. Page 59 of 107 PC 01/30/2025 Page 4 The City of Brooklyn Center will be tasked with approving text amendments to Chapter 35 of the Unified Development Ordinance. The City Council will have to ultimately address licensing standards and adopt an amended ordinance if it would like to have any say in where these establishments can be located. Below are issues that need to be addressed, which have been identified as areas where the City has the authority to provide oversight: 1.Land Use/Zoning: Identifying which zoning districts cannabis businesses can operate within. The provided Guide for Local Governments on Adult-Use Cannabis (Exhibit C) 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. It should be noted that 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 (Planned Unit Development) has prohibitions on marijuana, whether by prescription, medical recommendation, or otherwise. 2.Buffer Zones: Establishing buffers between cannabis businesses and sensitive locations such as schools (maximum 1,000 feet), daycares (maximum 500 feet), and residential treatment facilities (maximum 500 feet), or public park attractions regularly used by minors, including playgrounds and athletic fields (maximum 500 feet). 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. Residential treatment facilities are defined under Minnesota Statutes Section 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 Minn. Stat. Section Chapter 245, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner.” 3.Limitation of Retail Registrations: The City overhauled its tobacco licensing process in 2018, limiting the number of tobacco licenses in the City by raising the minimum age of entrance to a tobacco establishment to 21, and outlining a smoking prohibition, where smoking by a person shall not be permitted inside any licensed premises. The legislative findings provided by the City Council at that time recognized that tobacco use was identified as the cause of several serious health problems and economic consequences, and as a means to protect minors and young adults associated with the use and initiation, with 95% of adult smokers beginning before the age of 21. Although there is some discrepancy between the Minnesota State Demographer’s population estimate and the 2018-2022 American Community Survey data, approximately 30% of Brooklyn Center’s residents are under age 18. 4.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. Page 60 of 107 PC 01/30/2025 Page 5 5.License Compliance Checks: Compliance Checks must be done once per year for age verification and local ordinance requirements. Other Considerations Municipal Registration 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. •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 (e.g. age verification, compliance with local ordinance pursuant to 342.13). Additional Information City staff has received communication from individuals and companies regarding the establishment of cannabis dispensaries. In 2023, the Minnesota Legislature created the Local Government Cannabis Aid, which is funded through a 10% gross receipts tax on retail sales of cannabis products in Minnesota. From the Cannabis Tax Revenue, 80% is deposited into the state’s General Fund and 20% is deposited into the Local Government Cannabis Aid account. On June 30 each year, 50% of the cannabis aid account balance is available to counties and 50% to cities. The distribution amount received will be proportional to the number of cannabis businesses located in the city as compared to the number of cannabis businesses in all cities. Governor Walz recently released his proposed biennial budget on January 16, 2025. As no licensed cannabis retailers are currently operating, no aid has been distributed. The budget, as currently proposed, would repeal the Local Cannabis Aid Account, reallocating those funds to the general fund. Ordinance Amendment (Text) As previously stated, the OCM identified March 14, 2025 as the new deadline for application submittals. The local enacted moratoria expired on December 31, 2024. It is in the City’s best interest to finalize a regulatory structure and registration process as soon as possible to be in compliance once those applicants become eligible to operate under their new licenses. In discussions with the City Attorney and other City staff, it was determined that, while other City Code chapters will require amendment, the City’s Unified Development Ordinance (Chapter 35) likely has the greatest impact and will require the most amount of time for review and consideration in advance of the OCM’s anticipated issuance of licenses in May or June 2025. As proposed, the City is seeking a text amendment to Chapter 35 (Unified Development Ordinance) to incorporate a new section (Section 35-4500) for the establishment of Adult-Use Cannabis businesses and Page 61 of 107 PC 01/30/2025 Page 6 their regulations. As proposed City staff, in partnership with the City Attorney, have created an allowable use table specific to Adult-Use Cannabis establishments that denotes where certain licensure types and uses are permitted in a zoning district, and whether they are considered a permitted use, conditional use, or accessory use. In reviewing requests for ordinance amendments, certain amendment criteria shall be considered as outlined under Section 35-71304 (Amendment Criteria). The Planning Commission and City Council shall review the necessary submittal requirements, facts, circumstances of the proposed amendment, and make a recommendation and decision on the amendment based on, but not limited to, consideration of the following criteria and policies: a.Whether there is a clear and public need or benefit; b.Whether the proposed amendment is consistent with and compatible with surrounding land use classifications; c.Whether all permitted uses in the proposed zoning district can be contemplated for development of the subject property; d.Whether there have been substantial physical or zoning classification changes in the area since the subject property was zoned; e.Whether there is an evident, broad public purpose in the case of City-initiated rezoning proposals; f.Whether the subject property will bear fully the UDO development restrictions for the proposed zoning districts; g.Whether the subject property is generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography, or location; h.Whether the rezoning will result in the expansion of a zoning district, warranted by: 1)Comprehensive Planning; 2)The lack of developable land in the proposed zoning district; or 3)The best interests of the community. i.Whether the proposal demonstrates merit beyond the interests of an owner or owners of an individual parcel. j.The specific policies and recommendations of the Comprehensive Plan and other City plans; k.The purpose and intent of this UDO, or in the case of a map amendment, whether it meets the purpose and intent of the individual district; and l.If applicable, the adequacy to buffer or transition between potentially incompatible districts. City staff is specially requesting weigh in from the Planning Commission and City Council as to whether the identified Adult-Use Cannabis business license types are consistent and compatible with surrounding land uses and uses permitted within a designated district. City staff further requests feedback on the minimum distancing (buffer) provisions from schools, daycare facilities that serve minors, or park attractions, as well as Residential Treatment Facilities, which are defined as, “any facility licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-a-day care, lodging, or supervision outside a person’s home and which also provide chemical dependency or mental health services.” An additional point of discussion relates to potential minimum buffering between Cannabis Oriented Businesses, defined in Minnesota Statutes Chapter 342, which would be measured from the entrance from each building or tenancy and not from the property lines. City staff further requests direction as to the potential addition of a category that would regulate the siting Page 62 of 107 PC 01/30/2025 Page 7 of “Cannabis Colleges,” or if the respective Planning Commission and City Council prefers City staff to interpret these as, “nonresidential educational uses including Area Learning Centers (ALC), post- secondary schools, business schools, trade schools, and the like, but excluding public and private elementary and secondary schools.” These uses are either a permitted or conditional use in the MX-N2, MX-C, TOD, C, and MX-B Districts of the City. Finally, in reviewing the current provisions of Chapter 35, it was noted that the current definition of “Urban Agriculture,” as defined under Section 35-9200 (Definitions and Terms of Measurement), contains language that prohibits the cultivation of marijuana, which is in conflict with the State’s new provisions surrounding Adult-Use Cannabis. Please see below for the proposed amendment to this definition: RECOMMENDATION Based on the above noted findings, and in response to Section 35-71304 (Amendment Criteria) of the City Code, City staff recommends the Planning Commission recommend City Council adoption of certain ordinance amendments to Chapter 35 of the City Code of Ordinances to implement the provisions of Minnesota Statutes Chapter 342, which authorizes the City of Brooklyn Center to protect the public health, safety, and welfare of Brooklyn Center residents by regulating cannabis businesses within the legal boundaries of Brooklyn Center. Attachments Exhibit A- Draft Ordinance Language Adding New Section 35-4500 to the Brooklyn Center City Code of Ordinances Regarding the Establishment of Adult-Use Cannabis Business Zoning Regulations, and amending Section 35-9200 Definition of Urban Agriculture. Exhibit B- Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated January 16, 2025. Exhibit C- Minnesota Office of Cannabis Management Guide for Local Governments on Adult-Use Cannabis, last revised January 6, 2025. Page 63 of 107 1 BR291-380-1004610.v5 CITY OF BROOKLYN CENTER Please take notice that on Monday, February 10, 2025, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, the City Council of the City of Brooklyn Center will conduct a first reading and consider incorporating new Section 35-4500 to Chapter 35 of the City Code of Ordinances regarding the establishment of adult- use cannabis business zoning regulations. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.brooklyncentermn.gov/. A definite time for this ordinance to be considered cannot be given as it will depend on the progression of the agenda items. ORDINANCE NO._________ AN ORDINANCE ADDING NEW SECTION 35-4500 TO THE BROOKLYN CENTER CITY CODE OF ORDINANCES REGARDING THE ESTABLISHMENT OF ADULT-USE CANNABIS BUSINESS ZONING REGULATIONS THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article 1. The Brooklyn Center City Code of Ordinances Chapter 35 is amended to add Section 35- 4500, Adult Use Cannabis Business Zoning Regulations, to read in its entirety as follows: Section 35-4500. ADULT USE CANNABIS BUSINESS ZONING REGULATIONS Section 35-4501. GENERAL PROVISIONS. Section 35-4502. FINDINGS, PURPOSE, AND AUTHORITY. The City Council of Brooklyn Center makes the following legislative findings, and is authorized to adopt this ordinance as follows: a.PURPOSE. The purpose of this ordinance is to implement the provisions of Minnesota Statutes Chapter 342, which authorizes the City of Brooklyn Center to protect the public health, safety, and welfare of Brooklyn Center residents by regulating cannabis business within the legal boundaries of Brooklyn Center. b.FINDINGS. The City Council of Brooklyn Center finds and concludes that the proposed provisions are appropriate and lawful land use regulations for Brooklyn Center, that the proposed amendments will promote the community’s interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good. c. AUTHORITY. The City Council of Brooklyn Center has the authority to adopt this ordinance pursuant to Minnesota Statutes Section 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit establishment or operation of cannabis businesses, and pursuant to Minnesota Statutes Section 462.357, regarding the authority of a local authority to adopt zoning ordinances. Section 35-4503. DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates Exhibit A Page 64 of 107 2 a different meaning: Cannabis Cultivator. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office. Cannabis Delivery Business. A business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Flower. The harvested flower, bud, leaves, and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and medical cannabis flower. Cannabis flower does not include cannabis seed, hemp plant parts, or hemp-derived consumer products. Cannabis Oriented Business. Any cannabis business governed by and defined in Minn. Stat. Chapter 342 as amended from time to time. Cannabis Plant. All parts of the plant of the genus Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis. Cannabis Product. "Cannabis product" means any of the following: cannabis concentrate; a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis flower; or any other product that contains cannabis concentrate. Cannabis product includes adult-use cannabis products, including but not limited to edible cannabis products and medical cannabinoid products. Cannabis product does not include cannabis flower, artificially derived cannabinoid, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products. Cannabis Retailer. A business with a cannabis retailer license, lower-potency hemp edible retailer license, or retail endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Testing business. A business with a cannabis testing facility license or testing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Transportation business. A business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Wholesaling business. A business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management. Day Care. For the purposes of this section, a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence or other facility outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Hemp Business. Either of the following licensed under this chapter: (1) lower-potency hemp edible manufacturer; or (2) lower-potency hemp edible retailer. Hemp business does not include a person or entity licensed under chapter 18K to grow industrial hemp for commercial or research purposes or to process industrial hemp for commercial purposes. Page 65 of 107 3 Hemp Plant. All parts of the plant of the genus Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. Lower-Potency Hemp Edible. (a) “Lower-potency hemp edible” means any product that (1)Is intended to be eaten or consumed as a beverage by humans; (2)Contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3)Is not a drug; (4)Does not contain a cannabinoid derived from cannabis plants or cannabis flower; (5)Is a type of product approved for sale by the office or is substantially similar to a product approved by the office, including by not limited to product that resemble nonalcoholic beverages, candy, and baked goods; and (6)Meets either the requirements in paragraph (b) (b)A lower-potency hemp edible includes: (1) a product that: (i) consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol, or cannabichromene; any other cannabinoid authorized by the office; or any combination of those cannabinoids that does not exceed the identified amounts; (ii) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and (iii) does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol, except that a product may include artificially derived cannabinoids created during the process of creating the delta-9 tetrahydrocannabinol that is added to the product, if no artificially derived cannabinoid is added to the ingredient containing delta-9 tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially derived cannabinoids is no less than 20 to one; or (2) A product that: (i) contains hemp concentrate processed or refined without increasing the percentage of targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp plant or hemp plant parts beyond the variability generally recognized for the method used for processing or refining or by an amount needed to reduce the total THC in the hemp concentrate; and (ii) consists of servings that contain no more than five milligrams of total THC. Lower-Potency Hemp Edible Retailer. A business with a lower-potency hemp edible retailer license from the Office of Cannabis Management. Lower-Potency Hemp Edible Manufacturer. A business with a lower-potency hemp edible manufacturer license from the Office of Cannabis Management. Medical Cannabis Business. Medical cannabis business means an entity licensed by the OCM to engage in one or more of the following:(1) the cultivation of cannabis plants for medical cannabis flower; (2) the manufacture of medical cannabinoid products; and (3) the retail sale of medical cannabis flower and medical cannabinoid products. Page 66 of 107 4 Medical Cannabis Combination Business. Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses my operate up to one retail location in each congressional district. Medical Cannabis Retailer. Medical cannabis retailer means a cannabis business with a medical cannabis retail endorsement to provide medical cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia to a patient or designated caregiver. Office of Cannabis Management. Minnesota Office of Cannabis Management, referred to as “OCM” in this ordinance. Park Attraction. A facility or location within a public park that is regularly used by minors, including but not limited to a playground or athletic field. Residential Treatment Facility. Any facility licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-a-day care, lodging, or supervision outside a person’s home and which also provides chemical dependency or mental health services. Retail Registration. An approved registration issued by the City of Brooklyn Center to a cannabis retail business. (See Brooklyn Center City Code Chapter 23 for Retail Registration Regulations.) School. A public school, as defined in section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, or church or religious organization in which a child is provided instruction in compliance with this section and section 120A.24, but does not include a home school. Section 35-4504. ORGANIZATION OF TABLE. a.USE CATEGORIES. The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, commercial, etc.). b.USE TYPES. The use categories are organized into specific use types based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, one-family or two-family are some of the specific use types that fall under the "household living" use category. c.SYMBOLS IN TABLE. The symbols used in Section 35-4200 are defined as follows: 1)Permitted Uses (P). A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use- specific standards" column of the Table in this Chapter. Permitted uses are subject to all other applicable standards of this UDO. 2)Accessory Uses (A). An "A" in a cell indicates that a use type is allowed as an accessory use in the respective zoning district. An accessory use is one that is incidental and subordinate to the principal Page 67 of 107 5 use on the same lot. If a use is permitted in this Section as a principal use, it is also allowed as an accessory use. 3)Conditional Uses (C). A "C" in a cell indicates that a use type is allowed as a conditional use in the respective zoning district subject to compliance with the use specific standards set forth in the final “use-specific standards" column of the table in this Chapter and approval of a conditional use permit in accordance with the UDO. Conditional uses are subject to all other applicable standards of this UDO. 4)Prohibited Uses ( ). A blank cell indicates that the listed use type is prohibited in the respective zoning district. d.USE-SPECIFIC STANDARDS. The "use-specific standards" column of the Table in this Chapter cross reference standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated in the use-specific standards. e.UNLISTED USES. If a use is not listed in the table in this Chapter, it shall be considered a Prohibited use, unless the City Council determines that the use is substantially similar in nature and potential impacts on the surrounding community as an existing use in the use table. f.USES ALLOWED BY STATUTE OR RULE. If a provision in Minnesota statute or rule expressly requires a city to allow a certain use or facility as a permitted or conditional use within a residential district, the use or facility shall be allowed as provided in law up to the number of people indicated in the particular statute or rule, unless a larger number is allowed in the district under this UDO. Section 35-4505. ADULT USE CANNABIS ALLOWABLE USE TABLE. P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use- Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX- B I O ADULT USE CANNABIS Retailer P P P P P A A Cultivator (Ag) C C 35-4302 (b) Manufacturer, Process, Extract C C Wholesaler P P Transporter P P 35-4406 Testing Facility P P Page 68 of 107 6 Delivery Services A A A A A P P Medical Cannabis Combination Business C C C C C C C 35-4302 (b) Medical Cannabis Retailer P P P P P A A LPHE Retailer P P P P P A A LPHE Manufacturer P P Section 35-4506. PERFORMANCE STANDARDS. a.CANNABIS ORIENTED BUSINESS 1)Registration. A.No individual or entity may operate a cannabis retail business within the City of Brooklyn Center without first registering with the Brooklyn Center Business Licensing Division per regulations outlined in Chapter 23 of the Brooklyn Center Code of Ordinances. 2)Buffer Requirements. A.Registration must not be granted within 500 feet of any school, daycare facility that serves minors, or attraction within a public park that is regularly used by minors. B.Registration must not be granted within 500 feet of any Residential Treatment Facility. C.The buffers established in this section will be established on the date the city receives the request from the OCM for certification pursuant to city code section XXX. D.The measurement must be made from the main entrance of each building or tenancy and not from the property lines, except for attractions within a public park, which will be measured from closest boundary of the park attraction. E.Nothing in this section shall prohibit a cannabis business from continuing to operate at the same location if a school, daycare facility that serves minors, or attraction within a public park establishes within the buffer. b.CULTIVATION. The cultivation of all cannabis must only occur within the principal structure. Outdoor commercial cultivation of cannabis is prohibited. c.HOME OCCUPATIONS. Cannabis businesses, as defined in Minnesota Statutes, section 342.01 shall not be permitted as home occupations. d.LIGHTING. Performance standards for lighting shall be pursuant to Minnesota Administrative Rules relating to Adult-Use Cannabis and Brooklyn Center City Code Section 35-5400. Page 69 of 107 7 e.ODOR CONTROL. A cannabis business must maintain a ventilation and filtration system sufficient to meet the requirements for odor control established by Minnesota Statute, Administrative Rules, or City Code. f.STORAGE. Cannabis or Cannabis products shall not be stored outside at any time. Section 35-4507. SEVERABILITY. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 35-4508. EFFECTIVE DATE. This ordinance shall take effect following its passage and publication in accordance with state law. Page 70 of 107 1 CITY OF BROOKLYN CENTER Please take notice that on Monday, February 10, 2025, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, the City Council of the City of Brooklyn Center will conduct a first reading and consider the adoption of the following ordinance amending Section 35-9200 of the City Code of Ordinances regarding the definition of Urban Agriculture. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.brooklyncentermn.gov/. A definite time for this ordinance to be considered cannot be given as it will depend on the progression of the agenda items. ORDINANCE NO. ________ AN ORDINANCE AMENDING SECTION 35-9200 OF THE CITY CODE OF ORDINANCES REGARDING THE DEFINITION OF URBAN AGRICULTURE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 35-9200. is amended by adding the following double- underlined language and deleting the following stricken language: Urban Agriculture. The use of a parcel of land not exceeding five acres in size for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture, and/or hydroponics. This use may include the production or sale of food products from food grown on the premises and accessory keeping of bees’ subject to City regulations. but does not include cultivation of marijuana. Article II. Severability. Should any section or part of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as a whole or any part other than the part declared invalid. Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ____ day of _____________, 2025. _______________________________ April Graves, Mayor ATTEST: _________________________ Barb Suciu, City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double-underline indicates new matter.) Page 71 of 107 Exhibit B Page 72 of 107 Page 1 A Guide for Local Governments on Adult-Use Cannabis Version 2.1 | Updated January 6, 2025 Exhibit C Page 73 of 107 Page 2 Table of Contents Introduction ................................................................................................ 3 About OCM ................................................................................................. 4 Cannabis License Types ................................................................................ 5 Adult-Use Cannabis Law .............................................................................. 7 Cannabis Licensing Process .......................................................................... 8 General Authorities ................................................................................... 11 Zoning and Land Use .................................................................................. 13 Local Approval Process .............................................................................. 16 Inspections and Compliance Checks ........................................................... 21 Municipal Cannabis Stores ......................................................................... 22 Creating Your Local Ordinance ................................................................... 23 Additional Information – Tobacco Sales ....................................................... 24 Additional Resources ................................................................................. 25 Page 74 of 107 Page 3 Introduction This guide serves as a general overview of Minnesota’s new adult-use cannabis law, and how local governments can expect to be involved. The guide also provides important information about Minnesota’s new Office of Cannabis Management (OCM), and the office’s structure, roles, and responsibilities. While medical cannabis continues to play an important role in the state’s cannabis environment, this guide is primarily focused on the adult-use cannabis law and marketplace. The following pages outline the variety of cannabis business licenses that will be issued, provide a broad summary of important aspects of the adult-use cannabis law, and cover a wide range of expectations and authorities that relate to local governments. This guide also provides best practices and important requirements for developing a local cannabis ordinance. Chapter 342 of Minnesota law was established by the State Legislature in 2023 and was updated in 2024. Mentions of “adult-use cannabis law” or “the law” throughout this guide refer to Chapter 342 and the changes made to it. As of this guide's date of publication, final state regulations governing the adult-use cannabis market have not yet been published. A draft of the rules is available on our Rulemaking webpage (https://mn.gov/ocm/laws/rulemaking.jsp). The first draft of rules is based on substantial input OCM has received through surveys, meetings, and conversations that took place since fall 2023, as well as OCM’s review of Minnesota’s cannabis statute and cannabis rules in other states. OCM will publish in the State Register a notice of intent to adopt rules, which will prompt a 30-day formal comment period. Watch the OCM website for updates. This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and municipal officials seeking legal advice should consult an attorney. Page 75 of 107 Page 4 About OCM Minnesota’s Office of Cannabis Management is the state regulatory office created to oversee the implementation and regulation of the adult-use cannabis market, the medical cannabis market, and the consumer hemp industry. Housed within OCM are the Division of Medical Cannabis (effective July 1, 2024), 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. OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its regulatory authority over the Minnesota cannabis industry. In its duties, OCM is mandated to: • Promote public health and welfare. • Protect public safety. • Eliminate the illicit market for cannabis flower and cannabis products. • Meet the market demand for cannabis flower and cannabis products. • Promote a craft industry for cannabis flower and cannabis products. • Prioritize growth and recovery in communities that have experienced a disproportionate, negative impact from cannabis prohibition. OCM governs the application and licensing process for cannabis and hemp businesses, specific requirements for each type of license and their respective business activities and conducts enforcement and inspection activities across the Minnesota cannabis and hemp industries. Page 76 of 107 Page 5 License Types Minnesota law allows for 13 different types of business licenses, each fulfilling a unique role in the cannabis and hemp supply chain. In addition to license types below, OCM will also issue endorsements to license holders to engage in specific activities, including producing, manufacturing, and sale of medical cannabis for patients. Microbusiness Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Microbusiness may also operate a single retail location. Mezzobusiness Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Mezzobusiness may also operate up to three retail locations. Cultivator Cultivators may cultivate cannabis and package such cannabis for sale to another licensed cannabis business. Manufacturer Manufacturers may manufacture cannabis products and hemp products, and package such products for sale to a licensed cannabis retailer. Retailer Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products, hemp products, and other products authorized by law to customers and patients. Wholesaler Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from another licensed cannabis business. Wholesalers may also import hemp-derived consumer products and lower- potency hemp edibles. Page 77 of 107 Page 6 License Types (continued) Transporter Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses. Testing Facility Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from licensed cannabis businesses. Event Organizer Event organizers may organize a temporary cannabis event lasting no more than four days. Delivery Service Delivery services may purchase cannabis, cannabis products, and hemp products from retailers or cannabis business with retail endorsements for transport and delivery to customers. Medical Cannabis Combination Business Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses may operate up to one retail location in each congressional district. Lower-Potency Hemp Edible Manufacturer Lower-potency hemp edible manufacturers may manufacture and package lower-potency hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp edibles to other cannabis and hemp businesses. Lower-Potency Hemp Edible Retailer Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers. Each license is subject to further restrictions on allowable activities. Maximum cultivation area and manufacturing allowances vary by license type. Allowable product purchase, transfer, and sale between licensees are subject to restrictions in the law. Page 78 of 107 Page 7 The Adult-Use Cannabis Law Minnesota’s new adult-use cannabis law permits the personal use, possession, and transportation of cannabis by those 21 years of age and older, and allows licensed businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis and cannabis products. For Individuals • Possession limits: o Flower - 2 oz. in public, 2 lbs. in private residence o Concentrate - 8 g o Edibles (including lower-potency hemp) - 800 mg THC • Consumption only allowed on private property or at licensed businesses with on-site consumption endorsements. Consumption not allowed in public. • Gifting cannabis to another individual over 21 years old is allowed, subject to possession limits. • Home cultivation is limited to four mature and four immature plants (eight total) in a single residence. Plants must be in an enclosed and locked space. • Home extraction using volatile substances (e.g., butane, ethanol) is not allowed. • Unlicensed sales are not allowed. For Businesses • Advertising: o May not include or appeal to those under 21 years old. o Must include proper warning statements. o May not include misleading claims or false statements. o Billboards are not allowed. • The flow of all products through the supply chain must be tracked by the state-authorized tracking system. • All products sold to consumers and patients must be tested for contaminants. • Home delivery is allowed by licensed businesses. Page 79 of 107 Page 8 The Cannabis Licensing Process The general licensing process will align with the adoption of rules and OCM will share more information about the timing of general licensing process. The general licensing process includes social equity applicants and non-social equity applicants. General Licensing: Cultivator, Manufacturer, Retailer, Mezzobusiness 1. Applicant completes application and submit application fees. If applicable, an applicant’s social equity applicant status may be verified. 2. Application vetted for minimum requirements by OCM. 3. Application (if qualified) entered into lottery drawing. 4. If selected in lottery, applicant completes background check process and submits attestation of labor-peace agreement. 5. If applicant successfully completes Step 5, OCM issues preliminary approval to applicant. 6. Once prepared for final licensure, applicant with preliminary approval submits business location and updates application accordingly. 7. OCM forwards completed application to local government. 8. Local government completes zoning certification of whether a proposed cannabis business complies with local zoning ordinances, and if applicable, whether the proposed business complies with state fire code and building code. (This is distinct from the retail registration approval process.) 9. OCM conducts site inspection. 10. If applicant successfully passes site inspection, OCM issues license, operations may commence except for retail activity.* Continued High-Level Pathway for Licensees Seeking to Conduct Retail Sales: Process for Required Local Retail Registration from Local Governments (Retailer, Mezzobusiness) 11. Licensed business seeks local retail registration from local government. 12. Local government approves applicant for retail registration through means determined by ordinance (see Page 19 for more information about the retail registration process). Page 80 of 107 Page 9 The Cannabis Licensing Process (cont.) 13. Applicant pays retail registration fee to the local government (see appendix for relevant fees in accordance with Minn. Stat., section 342.22). 14. Local government conducts compliance check for any applicable local ordinance established pursuant to Minn. Stat., section 342.13, if desired. 15. Local government ensures tax compliance, if applicable. 16. Local government issues retail registration to licensee. 17. Licensee is able to conduct retail sales now that they have received a state license and a local retail registration. *For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer), a valid local retail registration is required prior to the business commencing any retail sales. See Page 19 for information on the local retail registration process. General Licensing: Microbusiness, Wholesaler, Transporter, Testing Facility, Medical Cannabis Combination Business 1. Applicant complete application and submit application fees. If applicable, an applicant’s social equity applicant status may be verified. 2. Application vetted for minimum requirements by OCM. 3. For qualified applicants, applicant completes background check process and submits attestation of labor-peace agreement. 4. If applicant successfully completes Step 3, OCM issues preliminary approval to applicant. 5. Once prepared for final licensure, selected applicant submits business location and amends application accordingly. 6. OCM forwards completed application to local government. 7. Local government completes zoning certification of whether a proposed cannabis business complies with local zoning ordinances, and if applicable, whether the proposed business complies with state fire code and building code. (This is distinct from the retail registration approval process.) 8. OCM conducts site inspection. 9. If applicant successfully passes site inspection, OCM issues license, operations may commence except for retail activity.* Page 81 of 107 Page 10 The Cannabis Licensing Process (cont.) Continued High-Level Pathway for Licensees Seeking to Conduct Retail Sales: Process for Required Local Retail Registration from Local Governments (Microbusiness, Medical Cannabis Combination Businesses) 10. Licensed business seeks local retail registration from local government. 11. Local government approves applicant for retail registration through means determined by ordinance (see Page 19 for more information about the retail registration process). 12. Applicant pays retail registration fee to the local government (see appendix for relevant fees in accordance with Minn. Stat., section 342.22). 13. Local government conducts compliance check for any applicable local ordinance established pursuant to Minn. Stat., section 342.13, if desired. 14. Local government ensures tax compliance, if applicable. 15. Local government issues retail registration to licensee. 16. Licensee is able to conduct retail sales now that they have received a state license and a local retail registration. *For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer), a valid local retail registration is required prior to the business commencing any retail sales. See Page 19 for information on the local retail registration process. Applicant Responsibility All applicants and licensees are responsible for working with their local government to ensure their success in the zoning certification and, if applicable based on license type, the local retail registration process. This includes reviewing local ordinances and understanding how the local government will be selecting applicants for a retail registration (including if retail registrations will be limited). Local units of government have the statutory authority to limit retail registrations if they desire, and applicants should understand this prior to making decisions about site locations. OCM will not facilitate communication between applicants and units of local government, nor can it mediate disputes as they relate to local zoning compliance or retail registration. OCM is required to ask each local unit of government where an applicant intends to locate a business if that business has met all zoning and use requirements. Page 82 of 107 Page 11 General Authorities Local governments in Minnesota have various means of oversight over the cannabis market, as provided by the adult-use cannabis law. Local governments may not issue outright bans on cannabis business, or limit operations in a manner beyond what is provided by state law. Cannabis Retail Restrictions (342.13) Local governments may limit the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality, as long as there is at least one retail location per 12,500 residents. Local units of government are not obligated to seek out a business to register as cannabis business if they have not been approached by any potential applicants but cannot prohibit the establishment of a business if this population requirement is not met. Local units of government may also issue more than the minimum number of registrations. Per statutory direction, a municipal cannabis store (Page 24) cannot be included in the minimum number of registrations required. For population counts, the state demographer estimates will likely be utilized. Tribal Governments (342.13) OCM is prohibited from and will not issue state licenses to businesses in Indian Country without consent from a tribal nation. Tribal nations hold the authority to license tribal cannabis businesses on tribal lands – this process is separate than OCM’s licensing process and authority. Subject to compacting, Tribal nations may operate cannabis businesses off tribal lands. There will be more information available once the compacting processes are complete. Taxes (295.81; 295.82) Retail sales of taxable cannabis products are subject to the state and local sales and use tax and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as follows: 20% to the local government cannabis aid account and 80% to the state general fund. Local taxes imposed solely on sale of cannabis products are prohibited. Cannabis retailers will be subject to the same real property tax classification as all other retail businesses. Real property used for raising, cultivating, processing, or storing cannabis plants, cannabis flower, or cannabis products for sale will be classified as commercial and industrial property. Page 83 of 107 Page 12 General Authorities (cont.) Retail Timing Restrictions (342.13) Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and 10 a.m. Monday-Saturday, and 9 p.m. and 2 a.m. the following day. Operating Multiple Locations with One License Certain cannabis licenses allow for multiple retail locations to be operated under a single license, with the following limitations: • Retailers: up to five retail locations. • Mezzobusinesses: up to three retail locations. • Microbusinesses: up to one retail location. • Medical cannabis combination businesses: one retail location per congressional district. Additionally, medical cannabis combination businesses may cultivate at more than one location within other limitations on cultivation. For all other license types, one license permits the operation of one location. Each retail location requires local certification and/or registration. Page 84 of 107 Page 13 Zoning and Land Use Buffer Guidelines (342.13) State law does not restrict how a local government conducts its zoning designations for cannabis businesses, except that they may prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including playgrounds and athletic fields. Zoning Guidelines While each locality conducts its zoning differently, a few themes have emerged across the country. For example, cannabis manufacturing facilities are often placed in industrial zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite and are also required to have plans to prevent the visibility of cannabis and hemp-derived products to individuals outside the retail location. Industrial hemp is an agricultural product and should be zoned as such. Cannabis businesses should be zoned under existing zoning ordinances in accordance with the license type or endorsed activities held by the cannabis business. Note that certain types of licenses may be able to perform multiple activities which may have different zoning analogues. In the same way municipalities may zone a microbrewery that predominately sells directly to onsite consumers differently than a microbrewery that sells packaged beer to retailers and restaurants, so too might a municipality wish to zone two microbusinesses based on the actual activities that each business is undertaking. Table 1, included on Pages 16 and 17, explains the types of activities that cannabis businesses might undertake, as well as some recommended existing zoning categories. Page 85 of 107 Page 14 Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities Endorsed Activity License Type Eligible to Do Endorsed Activity Description of Activity Comparable Districts Municipal Considerations Cultivation • Cultivator • Mezzobusiness • Microbusiness • Medical Cannabis • Combination “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts. Indoor: Industrial, Commercial, Production Outdoor: Agricultural • Odor • Potential need for transportation from facility • Waste, water, and energy usage • Security Cannabis Manufacturing, Processing, Extraction • Manufacturer • Mezzobusiness • Medical Cannabis • Combination This group of endorsed activities turn raw, dried cannabis and cannabis parts into other types of cannabis products, e.g. edibles or topicals. Indoor: Industrial, Commercial, Production • Odor • Potential need for transportation from facility • Waste, water, and energy usage • Security Hemp Manufacturing • Lower-Potency Hemp Edible (LPHE) Manufacturing These businesses convert hemp into LPHE edible products. Indoor: Industrial, Commercial, Production • Odor • Waste, water, and energy Wholesale • Wholesale • Cultivator • Manufacturer • Mezzobusiness • Microbusiness • Medical Cannabis • Combination This activity and license type allows a business to purchase from a business growing or manufacturing cannabis or cannabis products and sell to a cannabis business engaged in retail. Indoor: Industrial, Commercial, Production • Need for transportation from facility • Security Page 86 of 107 Page 15 Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities (continued) Endorsed Activity License Type Eligible to Do Endorsed Activity Description of Activity Comparable Districts Municipal Considerations Cannabis Retail • Retailer • Mezzobusiness • Microbusiness • Medical Cannabis • Combination This endorsed activity and license type allow a business to sell cannabis products directly to consumers. Indoor: Retail, Neighborhood Shopping Districts, Light Industrial, Existing districts where off-sale liquor or tobacco sales are allowed. • Micros may offer onsite consumption, similar to breweries. • Micros and Mezzos may include multiple activities: cultivation, manufacture, and/or retail. Transportation • Cannabis Transporter This license type allows a company to transport products from one license type to another. - • Fleet based businesses that will own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Delivery • Cannabis Delivery This license type allows for transportation to the end consumer. - • Fleet based business that will own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Events • Event Organizer This license entitles license holder to organize a temporary event lasting no more than four days. Anywhere that the city permits events to occur, subject to other restrictions related to cannabis use. • On site consumption. • Retail sales by a licensed or endorsed retail business possible. Page 87 of 107 Page 16 Local Approval Process Local governments play a critical role in the licensing process, serving as a near-final approval check on cannabis businesses nearing the awarding of a state license for operations. Once an applicant has been vetted by OCM and is selected for proceeding in the verification process, they are then required to receive the local government’s certification of zoning compliance and/or local retail registration before operations may commence. Local Certification of Zoning Compliance (342.13; 342.14) Following OCM’s vetting process, local governments must certify that the applicant with preliminary approval has achieved compliance with local zoning ordinances prior to the licensee receiving final approval from OCM to commence operations. During the application and licensing process for cannabis businesses, OCM will notify a local government when an applicant intends to operate within their jurisdiction and request a certification as to whether a proposed cannabis business complies with local zoning ordinances, and if applicable, whether the proposed business complies with state fire code and building code. According to Minnesota’s cannabis law, a local unit of government has 30 days to respond to this request for certification of compliance. If a local government does not respond to OCM’s request for certification of compliance within the 30 days, the cannabis law allows OCM to issue a license. OCM may not issue the final approval for a license if the local government has indicated they are not in compliance. OCM will work with local governments to access the licensing software system to complete this zoning certification process. Page 88 of 107 Page 17 Local Approval Process (cont.) Local Retail Registration Process (342.22) Once the licensing process begins, local government registration applies to licensed cannabis retailers or other cannabis/hemp businesses seeking to conduct retail sales. Several license types are authorized to conduct retail sales if they receive a retail endorsement from OCM. Prior to conducting retail sales under their business license, state law also requires the business receive a local retail registration. There are five license types that are eligible to conduct cannabis retail activity and will seek a retail registration from local governments: • Cannabis retailers • Microbusinesses • Mezzobusinesses • Medical cannabis combination businesses • Lower-potency hemp edible retailers Local governments must issue a retail registration after verifying that: • The business has a valid license issued by OCM. • The business has paid a registration fee or renewal fee to the local government. o Initial registration fees collected by a local government may be $500 or half the amount of the applicable initial license fee, whichever is less, and renewal registration fees may be $1,000 or half the amount of the applicable renewal license fee, whichever is less. • The business is found to be in compliance with Chapter 342 and local ordinances. • If applicable, the business is current on all property taxes and assessments for the proposed retail location. Local registrations may also be issued by counties if the respective local government transfers such authorities to the county. Page 89 of 107 Page 18 Local Approval Process (cont.) Option to Limit Retail Registrations for Cannabis Businesses: Determining a Process State law allows the option for a local government to place a limitation on the number of cannabis retailers, microbusiness, and mezzobusinesses with retail endorsements allowed within their locality via ordinance, as long as there is at least one retail location per 12,500 residents. Please see Page 13. Retail registrations for lower-potency hemp edible retailers and medical cannabis combination businesses are required but may NOT be limited in number by a local government. If a local government wishes to limit the number of cannabis retailers, microbusinesses, or mezzobusinesses via ordinance, state law does not define the process for a local government’s selection if there are more applicants than registrations available. Local units of government issuing retail registrations should consider how they will issue retail registrations. Local units of government may wish to consider whether they will accept applications during a specified application window or on a rolling basis. Local governments may wish to consider how to accommodate to the timing of accepting applications for retail registration as to not allocate all registrations at once. This may also include timelines that coincide with state licensing timelines as to limit bottlenecks. Additionally, local units of government should consider the process by which they will determine who gets a registration, e.g., through the use of a lottery, on a first-come/first- serve model, through a merit-based scoring system, etc. It is highly recommended that local governments work with an attorney to determine their specific process for selection if they wish to limit the number of retail registrations per section 342.13. It is also important to note that local governments are not required to limit the number of licensed cannabis retailers, microbusinesses, or mezzobusinesses, and instead local governments can determine a process that reviews requests/applications for retail registrations as they are received. Page 90 of 107 Page 19 Local Approval Process (cont.) Other Considerations Existing retail locations. Retailers in Minnesota’s medical cannabis program and lower- potency hemp edible program may currently be operating in a local government’s jurisdiction under active registrations. In the future, these active businesses will be required to obtain a license from OCM and will need a local retail registration to continue their operations. Local governments may wish to consider how businesses currently operating will be issued retail registrations when determining if and how to limit retail registrations. Local zoning approval does not guarantee retail registration. Zoning certification from local governments does not guarantee a local retail registration. This is a distinctly separate approval process. All applicants seeking retail activity will be required to obtain a zoning certification from the local government to be issued a state license. Local governments may wish to monitor the number of zoning certifications they provide to OCM to inform the likely volume of retail registration applicants. Page 91 of 107 Page 20 Local Approval Process (cont.) Local governments are permitted specific authorities for registration refusal and registration suspension, in addition to—and not in conflict with—OCM authorities. Registration and Renewal Refusals Local governments may refuse the registration and/or certification of a license renewal if 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 noncompliance in connection with a preliminary or renewal compliance check. Local Registration Suspension (342.22) Local governments may suspend the local retail registration of a cannabis business or hemp business if the business is determined to not be operating in compliance with a local ordinance authorized by section 342.13 or if the operation of the business poses an immediate threat to the health and safety of the public. The local government must immediately notify OCM of the suspension if it occurs. OCM will review the suspension and may reinstate the registration or take enforcement action. Expedited Complaint Process (342.13) Per state law, OCM will establish an expedited complaint process during the rulemaking process to receive, review, read, and respond to complaints made by a local unit of government about a cannabis business. Upon promulgation of rules, OCM will publish the complaint process. At a minimum, the expedited complaint process shall require the office to provide an initial response to the complaint within seven days and perform any necessary inspections within 30 days. Within this process, if a local government notifies OCM that a cannabis business poses an immediate threat to the health or safety of the public, the office must respond within one business day. Page 92 of 107 Page 21 Inspections & Compliance Checks Local governments are permitted specific business inspection and compliance check authorities, in addition to—and not in conflict with—OCM authorities. Inspections and Compliance Checks (342.22) Local governments must conduct compliance checks for cannabis and hemp businesses holding retail registration at least once per calendar year. These compliance checks must verify compliance with age verification procedures and compliance with any applicable local ordinance established pursuant to section 342.13. OCM maintains inspection authorities for all cannabis licenses to verify compliance with operation requirements, product limits, and other applicable requirements of Chapter 342. Page 93 of 107 Page 22 Municipal Cannabis Stores As authorized in section 342.32, local governments are permitted to apply for a cannabis retail license to establish and operate a municipal cannabis store. State law requires OCM issue a license to a city or county seeking to operate a single municipal cannabis store if the city or county: • Submits required application information to OCM, • Meets minimum requirements for licensure, and • Pays applicable application and license fee. A municipal cannabis store will not be included in the total count of retail licenses issued by the state under Chapter 342. A municipal cannabis store cannot be counted as retail registration for purposes of determining whether a municipality’s cap on retail registrations imposed by ordinance. Page 94 of 107 Page 23 Creating Your Local Ordinance As authorized in section 342.13, a local government may adopt a local ordinance regarding cannabis businesses. Establishing local governments’ ordinances on cannabis businesses in a timely manner is critical for the ability for local cities or towns to establish local control as described in the law and is necessary for the success of the statewide industry and the ability of local governments to protect public health and safety. The cannabis market’s potential to create jobs, generate revenue, and contribute to economic development at the local and state level is supported through local ordinance work. The issuance of local certifications and registrations to prospective cannabis businesses is also dependent on local ordinances. • Local governments may not prohibit the possession, transportation, or use of cannabis, or the establishment or operation of a cannabis business licensed under state law. • Local governments may adopt reasonable restrictions on the time, place, and manner of cannabis business operations (see Page 14). • Local governments may adopt interim ordinances to protect public safety and welfare, as any studies and/or further considerations on local cannabis activities are being conducted, until January 1, 2025. A public hearing must be held prior to adoption of an interim ordinance. • If your local government wishes to operate a municipal cannabis store, the establishment and operation of such a facility must be considered in a local ordinance. Model Ordinance For additional guidance regarding the creation of a cannabis related ordinance, please reference the additional resources on page 27. Page 95 of 107 Page 24 Additional Information – Tobacco Sales Penalties Related to a Revocation or Suspension of Tobacco License A cannabis or hemp business license holder may also hold a tobacco license under Minnesota Statutes Chapter 461. However, tobacco cannot be sold in the cannabis retail location. Under section 461.12, Minnesota law allows a licensee’s authority to sell tobacco and related products under the section to be suspended and possibly revoked if the licensee also holds a cannabis or hemp business license under Chapter 342 or is a registrant under section 151.72 and that license or registration is revoked. This penalty also applies if the license holder is convicted of an offense under section 151.72 or has been convicted under any other statute for illegal sale of cannabis products. Clarifying Cannabis Businesses Authority Cannabis businesses will be able to sell vaporizers without a tobacco license. Under Minnesota Statutes, section 342.27, subd. 3(a), retail licensees are permitted to sell cannabis paraphernalia. Cannabis paraphernalia includes “all equipment, products, and materials of any kind that are knowingly or intentionally used primarily in ... ingesting, inhaling, or otherwise introducing cannabis products into the human body” [Minnesota Statutes, section 342.01, subd. 18(2)]. Therefore, Minnesota Statutes, section 342.27, subd. 3(a) specifically authorizes retail licensees to sell cannabis paraphernalia, which in this instance includes vaporizers. Page 96 of 107 Page 25 Additional Resources OCM Toolkit for Local Partners Please visit the OCM webpage (mn.gov/ocm/local-governments/) for additional information, including a toolkit of resources developed specifically for local government partners. The webpage will be updated as additional information becomes available and as state regulations are adopted. Toolkit resources include: • Appendix A: Cannabis Model Ordinance (mn.gov/ocm/lgg-appendix-a) • Appendix B: Retail Registration Form and Checklist (mn.gov/ocm/lgg-appendix-b) • Appendix C: Cannabis Flower and Hemp-Derived Cannabinoid Products Inspection Checklist (mn.gov/ocm/lgg-appendix-c) • Appendix D: Enforcement Notice from the Office of Cannabis Management (mn.gov/ocm/lgg-appendix-d) • Appendix E: Notice to Unlawful Cannabis Sellers (mn.gov/ocm/lgg-appendix-e) • Appendix F: Model Guidelines on Age Verification Compliance Checks Policy and Procedures (mn.gov/ocm/lgg-appendix-f) • Appendix G: Cannabis and Hemp Age Compliance Check Form (mn.gov/ocm/lgg- appendix-g) • Appendix H: Local Unit of Government Cannabis Licensing Contact, Delegation Form, and Accela Registration Instructions Guide (mn.gov/ocm/local- governments/contactform.jsp) • Appendix J: Local Approval for Early Cultivation (mn.gov/ocm/lgg-appendix-j) Local Organizations There are several organizations who also have developed resources to support local governments regarding the cannabis industry. Please feel free to contact the following for additional resources: • League of Minnesota Cities • Association of Minnesota Counties • Minnesota Public Health Law Center Page 97 of 107 1 BR291-380-1004610.v5 CITY OF BROOKLYN CENTER Please take notice that on Monday, February 10, 2025, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, the City Council of the City of Brooklyn Center will conduct a first reading and consider incorporating new Section 35-4500 to Chapter 35 of the City Code of Ordinances regarding the establishment of adult- use cannabis business zoning regulations. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.brooklyncentermn.gov/. A definite time for this ordinance to be considered cannot be given as it will depend on the progression of the agenda items. ORDINANCE NO._________ AN ORDINANCE ADDING NEW SECTION 35-4500 TO THE BROOKLYN CENTER CITY CODE OF ORDINANCES REGARDING THE ESTABLISHMENT OF ADULT-USE CANNABIS BUSINESS ZONING REGULATIONS THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article 1. The Brooklyn Center City Code of Ordinances Chapter 35 is amended to add Section 35- 4500, Adult Use Cannabis Business Zoning Regulations, to read in its entirety as follows: Section 35-4500. ADULT USE CANNABIS BUSINESS ZONING REGULATIONS Section 35-4501. GENERAL PROVISIONS. Section 35-4502. FINDINGS, PURPOSE, AND AUTHORITY. The City Council of Brooklyn Center makes the following legislative findings, and is authorized to adopt this ordinance as follows: a. PURPOSE. The purpose of this ordinance is to implement the provisions of Minnesota Statutes Chapter 342, which authorizes the City of Brooklyn Center to protect the public health, safety, and welfare of Brooklyn Center residents by regulating cannabis business within the legal boundaries of Brooklyn Center. b. FINDINGS. The City Council of Brooklyn Center finds and concludes that the proposed provisions are appropriate and lawful land use regulations for Brooklyn Center, that the proposed amendments will promote the community’s interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good. c. AUTHORITY. The City Council of Brooklyn Center has the authority to adopt this ordinance pursuant to Minnesota Statutes Section 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit establishment or operation of cannabis businesses, and pursuant to Minnesota Statutes Section 462.357, regarding the authority of a local authority to adopt zoning ordinances. Section 35-4503. DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates Page 98 of 107 2 a different meaning: Cannabis Cultivator. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office. Cannabis Delivery Business. A business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Flower. The harvested flower, bud, leaves, and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and medical cannabis flower. Cannabis flower does not include cannabis seed, hemp plant parts, or hemp-derived consumer products. Cannabis Oriented Business. Any cannabis business governed by and defined in Minn. Stat. Chapter 342 as amended from time to time. Cannabis Plant. All parts of the plant of the genus Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis. Cannabis Product. "Cannabis product" means any of the following: cannabis concentrate; a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis flower; or any other product that contains cannabis concentrate. Cannabis product includes adult-use cannabis products, including but not limited to edible cannabis products and medical cannabinoid products. Cannabis product does not include cannabis flower, artificially derived cannabinoid, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products. Cannabis Retailer. A business with a cannabis retailer license, lower-potency hemp edible retailer license, or retail endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Testing business. A business with a cannabis testing facility license or testing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Transportation business. A business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Wholesaling business. A business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management. Day Care. For the purposes of this section, a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence or other facility outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Hemp Business. Either of the following licensed under this chapter: (1) lower-potency hemp edible manufacturer; or (2) lower-potency hemp edible retailer. Hemp business does not include a person or entity licensed under chapter 18K to grow industrial hemp for commercial or research purposes or to process industrial hemp for commercial purposes. Page 99 of 107 3 Hemp Plant. All parts of the plant of the genus Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. Lower-Potency Hemp Edible. (a) “Lower-potency hemp edible” means any product that (1) Is intended to be eaten or consumed as a beverage by humans; (2) Contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) Is not a drug; (4) Does not contain a cannabinoid derived from cannabis plants or cannabis flower; (5) Is a type of product approved for sale by the office or is substantially similar to a product approved by the office, including by not limited to product that resemble nonalcoholic beverages, candy, and baked goods; and (6) Meets either the requirements in paragraph (b) (b) A lower-potency hemp edible includes: (1) a product that: (i) consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol, or cannabichromene; any other cannabinoid authorized by the office; or any combination of those cannabinoids that does not exceed the identified amounts; (ii) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and (iii) does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol, except that a product may include artificially derived cannabinoids created during the process of creating the delta-9 tetrahydrocannabinol that is added to the product, if no artificially derived cannabinoid is added to the ingredient containing delta-9 tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially derived cannabinoids is no less than 20 to one; or (2) A product that: (i) contains hemp concentrate processed or refined without increasing the percentage of targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp plant or hemp plant parts beyond the variability generally recognized for the method used for processing or refining or by an amount needed to reduce the total THC in the hemp concentrate; and (ii) consists of servings that contain no more than five milligrams of total THC. Lower-Potency Hemp Edible Retailer. A business with a lower-potency hemp edible retailer license from the Office of Cannabis Management. Lower-Potency Hemp Edible Manufacturer. A business with a lower-potency hemp edible manufacturer license from the Office of Cannabis Management. Medical Cannabis Business. Medical cannabis business means an entity licensed by the OCM to engage in one or more of the following:(1) the cultivation of cannabis plants for medical cannabis flower; (2) the manufacture of medical cannabinoid products; and (3) the retail sale of medical cannabis flower and medical cannabinoid products. Page 100 of 107 4 Medical Cannabis Combination Business. Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses my operate up to one retail location in each congressional district. Medical Cannabis Retailer. Medical cannabis retailer means a cannabis business with a medical cannabis retail endorsement to provide medical cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia to a patient or designated caregiver. Office of Cannabis Management. Minnesota Office of Cannabis Management, referred to as “OCM” in this ordinance. Park Attraction. A facility or location within a public park that is regularly used by minors, including but not limited to a playground or athletic field. Residential Treatment Facility. Any facility licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-a-day care, lodging, or supervision outside a person’s home and which also provides chemical dependency or mental health services. Retail Registration. An approved registration issued by the City of Brooklyn Center to a cannabis retail business. (See Brooklyn Center City Code Chapter 23 for Retail Registration Regulations.) School. A public school, as defined in section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, or church or religious organization in which a child is provided instruction in compliance with this section and section 120A.24, but does not include a home school. Section 35-4504. ORGANIZATION OF TABLE. a. USE CATEGORIES. The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, commercial, etc.). b. USE TYPES. The use categories are organized into specific use types based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, one-family or two-family are some of the specific use types that fall under the "household living" use category. c. SYMBOLS IN TABLE. The symbols used in Section 35-4200 are defined as follows: 1) Permitted Uses (P). A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use- specific standards" column of the Table in this Chapter. Permitted uses are subject to all other applicable standards of this UDO. 2) Accessory Uses (A). An "A" in a cell indicates that a use type is allowed as an accessory use in the respective zoning district. An accessory use is one that is incidental and subordinate to the principal Page 101 of 107 5 use on the same lot. If a use is permitted in this Section as a principal use, it is also allowed as an accessory use. 3) Conditional Uses (C). A "C" in a cell indicates that a use type is allowed as a conditional use in the respective zoning district subject to compliance with the use specific standards set forth in the final “use-specific standards" column of the table in this Chapter and approval of a conditional use permit in accordance with the UDO. Conditional uses are subject to all other applicable standards of this UDO. 4) Prohibited Uses ( ). A blank cell indicates that the listed use type is prohibited in the respective zoning district. d. USE-SPECIFIC STANDARDS. The "use-specific standards" column of the Table in this Chapter cross reference standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated in the use-specific standards. e. UNLISTED USES. If a use is not listed in the table in this Chapter, it shall be considered a Prohibited use, unless the City Council determines that the use is substantially similar in nature and potential impacts on the surrounding community as an existing use in the use table. f. USES ALLOWED BY STATUTE OR RULE. If a provision in Minnesota statute or rule expressly requires a city to allow a certain use or facility as a permitted or conditional use within a residential district, the use or facility shall be allowed as provided in law up to the number of people indicated in the particular statute or rule, unless a larger number is allowed in the district under this UDO. Section 35-4505. ADULT USE CANNABIS ALLOWABLE USE TABLE. P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use- Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX- B I O ADULT USE CANNABIS Retailer P P P P P A A Cultivator (Ag) C C 35-4302 (b) Manufacturer, Process, Extract C C Wholesaler P P Transporter P P 35-4406 Testing Facility P P Page 102 of 107 6 Delivery Services A A A A A P P Medical Cannabis Combination Business C C C C C C C 35-4302 (b) Medical Cannabis Retailer P P P P P A A LPHE Retailer P P P P P A A LPHE Manufacturer P P Section 35-4506. PERFORMANCE STANDARDS. a. CANNABIS ORIENTED BUSINESS 1) Registration. A. No individual or entity may operate a cannabis retail business within the City of Brooklyn Center without first registering with the Brooklyn Center Business Licensing Division per regulations outlined in Chapter 23 of the Brooklyn Center Code of Ordinances. 2) Buffer Requirements. A. Registration must not be granted within 500 feet of any school, daycare facility that serves minors, or attraction within a public park that is regularly used by minors. B. Registration must not be granted within 500 feet of any Residential Treatment Facility. C. The buffers established in this section will be established on the date the city receives the request from the OCM for certification pursuant to city code section XXX. D. The measurement must be made from the main entrance of each building or tenancy and not from the property lines, except for attractions within a public park, which will be measured from closest boundary of the park attraction. E. Nothing in this section shall prohibit a cannabis business from continuing to operate at the same location if a school, daycare facility that serves minors, or attraction within a public park establishes within the buffer. b. CULTIVATION. The cultivation of all cannabis must only occur within the principal structure. Outdoor commercial cultivation of cannabis is prohibited. c. HOME OCCUPATIONS. Cannabis businesses, as defined in Minnesota Statutes, section 342.01 shall not be permitted as home occupations. d. LIGHTING. Performance standards for lighting shall be pursuant to Minnesota Administrative Rules relating to Adult-Use Cannabis and Brooklyn Center City Code Section 35-5400. Page 103 of 107 7 e. ODOR CONTROL. A cannabis business must maintain a ventilation and filtration system sufficient to meet the requirements for odor control established by Minnesota Statute, Administrative Rules, or City Code. f. STORAGE. Cannabis or Cannabis products shall not be stored outside at any time. Section 35-4507. SEVERABILITY. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 35-4508. EFFECTIVE DATE. This ordinance shall take effect following its passage and publication in accordance with state law. Page 104 of 107 1 CITY OF BROOKLYN CENTER Please take notice that on Monday, February 10, 2025, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, the City Council of the City of Brooklyn Center will conduct a first reading and consider the adoption of the following ordinance amending Section 35-9200 of the City Code of Ordinances regarding the definition of Urban Agriculture. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.brooklyncentermn.gov/. A definite time for this ordinance to be considered cannot be given as it will depend on the progression of the agenda items. ORDINANCE NO. ________ AN ORDINANCE AMENDING SECTIONS 35-9200 OF THE CITY CODE OF ORDINANCES REGARDING THE DEFINITION OF URBAN AGRICULTURE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 35-9200. is amended by adding the following double- underlined language and deleting the following stricken language: Urban Agriculture. The use of a parcel of land not exceeding five acres in size for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture, and/or hydroponics. This use may include the production or sale of food products from food grown on the premises and accessory keeping of bees’ subject to City regulations. but does not include cultivation of marijuana. Article II. Severability. Should any section or part of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as a whole or any part other than the part declared invalid. Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ____ day of _____________, 2025. _______________________________ April Graves, Mayor ATTEST: _________________________ Barb Suciu, City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double-underline indicates new matter.) Page 105 of 107 Council Regular Meeting DATE: 2/10/2025 TO: City Council FROM: Ginny McIntosh, Planning Manager THROUGH: Jesse Anderson, Community Development Director BY: Barb Suciu, City Clerk SUBJECT: An Ordinance Amending Section 35-9200 of the City Code of Ordinances Regarding the Definition of Urban Agriculture Requested Council Action: • Motion to approve a first reading of an ordinance amending Section 35-9200 revising the definition of “Urban Agriculture” by removing the restriction on the cultivation of marijuana, and set the second reading for February 24, 2025. Background: As part of the review process, City staff and the City Attorney noted that the current definition for “Urban Agriculture,” as defined under Section 35-9200 (Definitions and Terms of Measurement) would need to be revised to remove a restriction on the “cultivation of marijuana.” City staff suggests a strike-through to remove the language and comply with the new state law provisions regarding adult-use cannabis. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. Ordinance Language - Amended Section 35-9200 - Urban Agriculture Definition Page 106 of 107 1 CITY OF BROOKLYN CENTER Please take notice that on Monday, February 10, 2025, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, the City Council of the City of Brooklyn Center will conduct a first reading and consider the adoption of the following ordinance amending Section 35-9200 of the City Code of Ordinances regarding the definition of Urban Agriculture. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.brooklyncentermn.gov/. A definite time for this ordinance to be considered cannot be given as it will depend on the progression of the agenda items. ORDINANCE NO. ________ AN ORDINANCE AMENDING SECTIONS 35-9200 OF THE CITY CODE OF ORDINANCES REGARDING THE DEFINITION OF URBAN AGRICULTURE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 35-9200. is amended by adding the following double- underlined language and deleting the following stricken language: Urban Agriculture. The use of a parcel of land not exceeding five acres in size for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture, and/or hydroponics. This use may include the production or sale of food products from food grown on the premises and accessory keeping of bees’ subject to City regulations. but does not include cultivation of marijuana. Article II. Severability. Should any section or part of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as a whole or any part other than the part declared invalid. Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ____ day of _____________, 2025. _______________________________ April Graves, Mayor ATTEST: _________________________ Barb Suciu, City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double-underline indicates new matter.) Page 107 of 107