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HomeMy WebLinkAbout2024.12.09 CCM REGULAR12/9/24 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 9, 2024 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 7:03 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Parks and Recreation Director Cordell Wiseman, Director of Fiscal & Support Services Angela Holm, Director of Community Prevention, Health and Safety LaToya Turk, Planner and Zoning Administrator Ginny McIntosh, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor April Graves opened the meeting for the purpose of Informal Open Forum and reviewed the rules of Decorum. She pointed out the rule disallowing public comments on agenda items is waived for comments regarding the resolution thanking Councilmember Butler for her service. Nahid K. thanked Councilmember Butler for her eight years of service. Julie B. thanked Councilmember Butler for her time and support. She will be sorely missed. She has done a lot to promote equity in Brooklyn Center. Councilmember Butler has also been kind to Julie B.’s daughter and made an impact in her life. Mayor Graves pointed out that the Code of Conduct cannot be addressed during the Open Forum because it is an agenda item. Pam S. introduced herself as Councilmember Butler’s proud mom. Councilmember Butler has experienced hatred, death threats, and other negative things as a Councilmember. However, she can hold her head high knowing she made a positive impact on Brooklyn Center. 12/9/24 -2- DRAFT Abdul O. shared his experience of campaigning for Councilmember Butler and pointed out she has made a significant impact on the community due to her service. Lori B. stated words cannot express her thankfulness for Councilmember Butler. Former Mayor Elliott stated Councilmember Butler has been a leading voice promoting change and dignity in the community. She has an unwavering commitment to social justice and is a compassionate leader. She has led with a deep sense of purpose and humanity. Her contributions to Brooklyn Center have been transformative. Elizer D. stated it has been an honor to witness Councilmember Butler’s leadership at the local, State, and National levels. She is level-headed, calm, and resolute. Her leadership style is inspiring. Mayor Graves moved and Councilmember Kragness seconded to close the Informal Open Forum at 7:25 p.m. Motion passed unanimously. 5. INVOCATION Councilmember Butler shared a quote from Coretta Scott King, “The greatness of a community is most accurately measured by the compassionate actions of its members.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Graves pointed out Consent Agenda Item 6e. Resolution Adopting a City Council Code of Conduct and Ethics would become Council Consideration Item 10b. Resolution Adopting a City Council Code of Conduct and Ethics and Consent Agenda Item 6f. 2025 Brooklyn Center Legislative Priorities would become Council Consideration Item 10c. 2025 Brooklyn Center Legislative Priorities. Councilmember Butler moved and Councilmember Jerzak seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 28, 2024 – Study Session 2. November 25, 2024 – Study Session 3. November 25, 2024 – Regular Session 4. November 25, 2024 – Work/EDA Session 6b. LICENSES GASOLINE SERVICE STATION Brooklyn BP 6044 Brooklyn Boulevard 12/9/24 -3- DRAFT Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Pump & Munch 1505 69th Avenue N MECHANICAL Midwest Maintenance & Mech. 750 Pennsylvania Avenue S Golden Valley 55426 4front Energy 3230 Gorham Avenue Suite 1 St. Louis Park 55426 ON-SALE INTOXICATING Dos Hermanos II 1400 Shingle Creek Crossing Embassy Suites 6300 Earle Brown Drive ON-SALE SUNDAY Dos Hermanos II 1400 Shingle Creek Crossing Embassy Suites 6300 Earle Brown Drive OFF-SALE 3.2 MALT LIQUOR Pump & Munch 1505 69th Avenue N RENTAL INITIAL (TYPE IV – six-month license) 5818 Emerson Avenue N Quality Residences/danmark Properties, Llc INITIAL (TYPE II – two-year license) 6331 Beard Avenue N 6401 Beard LLC 4201 Lakeside Avenue N #113 Meoldy Hanna 7211 Camden Avenue N YUNUS KATUNDU/JASMINE BLAIR RENEWAL (TYPE IV – six-month license) 5712 Logan Avenue N Ali Mir 2118 Ericon Drive Marco Panora 3501 47th Avenue N 6939 Baird Llc 7013 Fremont Avenue N Ih2 Property Illinois Lp 4900 Zenith Avenue N Ih2 Property Illinois Lp 12/9/24 -4- DRAFT 7131 Indiana Avenue N Jeremy Paskewich 6710 Orchard Lane Marvin Gardens Townhomes Lp 1900 Brookview Drive Ih3 Property Minnesota Lp 6740 Grimes Place Victoria Townhouses 1 5260 Twin Lake Boulevard E HERON VERDE LLC RENEWAL (TYPE II – two-year license) 5535 Colfax Avenue N Christopher Nicholls 1100 69th Avenue N TYLER NASH 5411 72nd Circle Maya Ly RENEWAL (TYPE I – three-year license) 1507 Humboldt Place N Kyan (Jimmy) Hui 1113 73rd Avenue N Mary Carroll 5001 Ewing Avenue N Bartholomew F Dabrowski 3000 62nd Avenue N Daniel L & Susan C Soffa Trs 5713 Humboldt Avenue N Janice Biorn TOBACCO Holiday Stationstore #2099 6890 Shingle Creek Parkway Sun Foods, Inc. 6350 Brooklyn Boulevard Quick Shop 5808 Xerxes Avenue N Van's Automotive 6840 Humboldt Avenue N Pump & Munch 1505 69th Avenue N Walgreens 6390 Brooklyn Boulevard 6c. RESOLUTION NO. 2024-129; APPROVING CHANGE ORDER NOS. 1-4, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2024-07, LIFT STATION NO. 5 REHABILITATION PROJECT 12/9/24 -5- DRAFT 6d. RESOLUTION NO. 2024-127; SETTING EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES FOR 2025, 2026, AND 2027 6e. RESOLUTION NO. 2024-128; ADOPTING A CITY COUNCIL CODE OF CONDUCT AND ETHICS This item was removed from the Consent Agenda and was addressed during Council Consideration Items. 6f. 2025 BROOKLYN CENTER LEGISLATIVE PRIORITIES This item was removed from the Consent Agenda and was addressed during Council Consideration Items. 6g. APPROVE THE 2025 CITY COUNCIL MEETING SCHEDULE Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2024-131; RECOGNIZING COUNCIL MEMBER MARQUITA BUTLER FOR HER YEARS OF SERVICE TO THE CITY OF BROOKLYN CENTER Councilmember Butler read a letter she wrote. She thanked her support system for their consistency throughout her time on Council. She thanked her son and her parents for his unwavering support. Brooklyn Center has experienced some groundbreaking moments, especially over the past four years. She encouraged the Council to continue making big changes and thanked them for their service. Councilmember Butler noted she is proud of pushing for improved community engagement, challenging Staff to be engaging and expansive, promoting City cleanliness, and questioning systems. She thanked Staff for their work to promote the City. Councilmember Butler encouraged the Council to consider those with different backgrounds and perspectives than themselves, seek innovative solutions, celebrate those who are involved in the City, and speak up for those who cannot speak for themselves. She stated she hopes Brooklyn Center is better than it was eight years ago due to the work of the Council. Mayor Graves stated she is sad to see Councilmember Butler leave. Prior to Councilmember Butler joining the Council, Mayor Graves was only the second woman of color to serve on the Council. Councilmember Butler’s presence and work has encouraged Mayor Graves to continue showing up even when circumstances were hard. Mayor Graves read a resolution recognizing Council Member Marquita Butler for her years of service to the City of Brooklyn Center. 12/9/24 -6- DRAFT Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2024-131 recognizing Council Member Marquita Butler for her years of service to the City of Brooklyn Center. Motion passed unanimously. 7b. RESOLUTION NO. 2024-132; RECOGNIZING THE SERVICE OF ARVID "BUD" SORENSON ON THE PARKS AND RECREATION COMMISSION Mayor Graves read in full a Proclamation expressing recognition and appreciation to Arvid "Bud" Sorenson for 45 years of dedicated service as a City of Brooklyn Center Parks and Recreation Commission Member. Arvid "Bud" Sorenson stated he served the community because he wanted to impact change. He thanked his community for the support and pointed out he and his wife will be celebrating their 60th anniversary in August. It is time for a younger voice to take his spot. Mayor Graves noted Mr. Sorenson is welcoming and respectful of different ideas. His service on the Commission has been powerful. Councilmember Butler thanked Mr. Sorenson for his commitment to the City, attention to detail, and willingness to ask questions. Councilmember Jerzak agreed Mr. Sorenson is organized and meticulous. His long-term dedication is unheard of. Councilmember Kragness noted Mr. Sorenson regularly receives recognition for his kind acts throughout the community which shows his character beyond the Commission service. Councilmember Lawrence-Anderson thanked Mr. Sorenson for his service. Councilmember Jerzak moved and Councilmember Butler seconded to adopt a RESOLUTION NO. 2024-132 expressing recognition and appreciation to Arvid "Bud" Sorenson for 45 years of dedicated service as a City of Brooklyn Center Parks and Recreation Commission Member. Motion passed unanimously. 7c. RANDOM ACTS OF KINDNESS Mayor Graves read in full a Proclamation declaring November 12, 2024, to be Designated as Random Acts of Kindness Day. Councilmember Kragness moved and Councilmember Jerzak seconded to adopt Proclamation declaring November 12, 2024, to be Designated as Random Acts of Kindness Day. 12/9/24 -7- DRAFT Motion passed unanimously. Mayor Graves read the list of nominees: BKBM Engineers, TopGolf, Luther of Brookdale, Friends of Palmer Lake, Rob and Debbie Pain, Dan Do, Roberta Branson, Jeff and Julie Banshee, Rita Ascher, Raven Robinson, the Organization of Liberian Women in MN, Diane Sannes, Brooklyn Center Lions Club, Brooklyn Center Lady Lions Club, Kids on Move Daycare, Ashlee and Sharon Kepheart, Jack MacMillan and Jill Dalton, Hennepin Tech Photosynthesizers Club, Brooklyn Center Rotary Club, Tony Trice, Shawn Evers, Kimoyda Yaya Cochran, Beverly Truran, Stacy Johnson and Laurie Aziz, Kathie LeRoy, Amanda Engle, Rick Nordstrom, Jill White, Susan Crumptin, Minneapolis Elks Lodge #44, Matt Horwath, Wilson Sr., Wilson Jr., Maria, Nancee, and Jose Mendez, Tessa Gedatus, Jeff Bradley, Allan and Darnell Hancock, Daryll Sannes, Anas Hassan, Sandy Becker, Erwin Heisler, Barb Sorenson, Living Christ’s Mission Church, Brookdale United Methodist Church, and Brookdale Covenant Church. Mayor Graves thanked the nominees for their contributions to the Brooklyn Center community. 7d. PARKS AND RECREATION DEPARTMENT UPDATE City Manager Reggie Edwards introduced the item and invited Parks and Recreation Director Cordell Wiseman to make the Staff presentation. Parks and Recreation Director Cordell Wiseman pointed out the mission of the Parks and Recreation Department is to enhance the quality of life for the community by providing diverse, accessible and inclusive opportunities. The ultimate goal of the Department is to create a thriving, vibrant community where people of all ages and backgrounds can connect, grow, and enjoy enriching experiences. Mr. Wiseman stated there are three units within the Department. There is the General Fund which is the Community Center, Special Revenue which is the Centerbrook Golf Course, and the Enterprise Fund which is the Heritage Center. Mr. Wiseman noted that the staff within his department are some of the best people he has ever worked with. Golf Course Superintendent Steve Makowske, Deputy Director of Parks and Recreation Clarissa Goebel, Sales Director Tami Buetow-Staples, and Outreach Manager Charles Walker were present to participate in the presentation. Mr. Wiseman explained the Centerbook Golf Course currently has one Superintendent and 10 part- time seasonal Staff. There will be one more full-time person added in 2025. They plan to extend their hours, and they are open every day during the golf season. He showed a table summarizing the expenses, revenues, and net income. 2021 was the first time in about 12 years that the Golf Course had a positive net income. In 2021 and 2022, there was a transfer of $85,000. In 2023, the transfer was lowered to $80,000. The 2024 transfer of $80,000 was not included in the table. Based on the trends, they anticipate a net loss for 2025. However, the end of 2026 is projected to be a net operating income. 12/9/24 -8- DRAFT Golf Course Superintendent Steve Makowske explained the golf industry rests entirely on weather. Staff plans to continue to deliver a high quality of service through golfing opportunities and programming. By adjusting the programming model, revenue has increased each month since 2012. Local schools cut the golf programs, but he is working to restore the team. In the past, the venue captured $1,500 in additional revenue. From the Juneteenth Golf event, the Course captured $1,600 in additional revenue. Guest Days have captured $1,100 in additional revenue and Lady’s Days have captured $900 in additional revenue. Lastly, Youth on Course, a national program in which Brooklyn Center was an early participant, allowed the Course to capture an additional $3,500. Mr. Wiseman noted by opening up the golf course for winter programming and opportunities, Staff projects additional revenue. An example is hosting weddings and events over the winter months. It will also provide affordable rental opportunities for Brooklyn Center residents and businesses. Staff estimates hosting 15 events in the first year, which could bring in $12,000 in room rental revenue. Also in 2025, there will be new simulators. Projections anticipate the first year's revenue to be approximately $88,000. The upgrades to Lions Park will also promote the use of Centerbrook Golf Course. Mr. Wiseman stated the Heritage Center had 23 full-time equivalent positions while 2024 and 2025 had 22. The Heritage Center consists of three business units: Convention Center, Catering Operations, and Office Rentals. He showed a table of expenses, revenues, and net income since 2020. The net income continues to be in the red, though it is getting closer to zero each year. Based on the trending numbers, Staff anticipates that the net loss will be reduced by the end of 2024. By the end of 2026, there should be a net operating income. Sales Director Tami Buetow-Staples explained that Heritage Center plans to continue to deliver a high quality of service and maintain a 90 percent repeat client rate through ongoing customer satisfaction. All room rental fees were increased and contracts will include a room rental fee moving forward. In 2023, the room rental revenue was $494,195. For 2024, the projected room rental revenue will be $749,000, and 2025 will likely see another ten percent increase. Also, the menu pricing increased by around six percent to stay on pace with competitors and make up for inflation. Ms. Tami Buetow-Staples added a marketing company was hired to promote the Heritage Center and drive more leads. Overall, there has been an increase in leads, site visits, and contracts while decreasing monthly marketing fees. In 2025, the Heritage Center’s agenda will be rich with community-centric events, as current planning efforts are diligently underway, taking into account both budget constraints and event space availability. Mr. Wiseman pointed out many requests were made of him such as accessibility and diversity. There will be a new catering contract as of January 1, 2025. It is a gross profit share contract that will help to lower the Heritage Center’s catering expenses and meet the community’s needs in terms of pricing. 12/9/24 -9- DRAFT Mr. Wiseman stated that in 2025, there are plans to remodel the D-Barn into a rentable space. This will help generate additional revenue. It will also provide affordable rental opportunities for Brooklyn Center residents and businesses. Over 100 leads each year due to lack of affordability. They projected one-fourth of the leads could be captured with the remodeled D-Barn. The additional leads would generate close to $62,000. He noted the new catering contract would allow an external licensed caterer to be used for the D-Barn. Mr. Wiseman added there are plans to offer events sponsored by the Heritage Center. By planning and operating their own events, revenue opportunities will be maximized. They are planning a Valentine’s Dinner Event, and they hope to sell 700 tickets and bring in $56,000 in additional revenue with minimal costs to the venue. Mr. Wiseman noted the ongoing efforts to boost revenue is crucial in ensuring the Heritage Center’s financial sustainability. Mr. Wiseman explained when he started working in Brooklyn Center, an immediate need was to address membership for residents, youth sports, and building community pride. There have also been ongoing concerns about safety and gathering in parks. The budget was restructured to address issues in the parks. Deputy Director of Parks and Recreation Clarissa Goebel showed a chart with Staffing levels for the Parks and Recreation Department. There were 30 full-time equivalent positions in 2024, and there will be 28 in 2025 due to restructuring. Ms. Goebel pointed out a resident rate was added which has increased the number of resident memberships and the overall revenue. The new rate has made the Community Center more accessible without driving away non-resident members. Ms. Goebel noted the aquatics Staff have worked to increase accessibility to the pool, especially for people of color. Brooklyn Center co-hosted the World’s Largest Swim Lesson with Brooklyn Park. It was a free swimming lesson to offer a barrier-free way to introduce people of all ages to swimming. They hosted Sensory Swim on Sundays which is a quiet space for folks with sensory needs to enjoy. The Spooky Splash was a successful Halloween event, and there is a Winter Waterland event coming up. Mr. Wiseman added a new lift was added to the pool. Ms. Goebel stated the Community Center received a Local Food Purchase Assistance Grant. They partnered with local BIPOC farmers from Hamel, Ogilvie, and Otsego. From June through October, over 400 boxes of fresh produce were purchased and distributed to more than 2,500 people. Ms. Goebel added the Community Center also received a Northside Wellness Grant. They partnered with CAPI and Yoga Sanctuary to provide space for local BIPOC individuals who are training to become Yoga instructors. They offered two community events in February and May and two classes per week from June to November, one of which was a bilingual Spanish class. They hope to retain at least one instructor. 12/9/24 -10- DRAFT Ms. Goebel explained Staff is really proud of their youth soccer programming and its growth. Before 2022, there was a six-week skill-building opportunity for kids ages 3 to 13. In 2022, an in- house league was formed and included 37 kids. In 2023, the league grew to 78 kids. In 2024, there were 100 kids, hired local coaches for a younger kids’ clinic instead of contracting, and added goalie training. A grant from Luther Auto funds the high-quality Brooklyn Center jerseys. Also, a semi-professional team came to interact with players. Ms. Wiseman thanked the Staff member Patrick for his creativity and work to grow the youth soccer program. Ms. Goebel stated a Parks and Recreation Outreach Team was been enhanced and partners with public safety Staff from across the City. If law enforcement is too busy, they can call on the Outreach Team. First responders engage and interact with park users and permit holders. They also focus on relationship-building with youth, teens, residents, and organizations. There were three large, unpermitted teen gatherings in Brooklyn Center parks, and the Outreach Team has been available to respond to the events. Ms. Goebel explained the Outreach Team oversaw youth and teen outreach efforts from October through May open gym offerings. Thanks to partnerships with local schools, they host events on Mondays at Brooklyn Center Elementary, Wednesdays at Garden City, and Tuesdays, Wednesdays, Thursdays, and Fridays at the Blue Barn and Brooklyn Center Middle School and Brooklyn Center High School. The Aquatics Supervisor is also in local schools once per week to teach a class. Pop- up events including basketball and Trunk or Treat. She thanked the Staff for organizing the back- to-school event. Mr. Wiseman reiterated the importance and impact of the Parks and Recreation Department collaborating with various City entities and local groups. Mayor Graves agreed the partnerships have been extremely beneficial for the community. Mayor Graves pointed out Mr. Wiseman has done a lot to grow the Department in his short three years and honors Staff well. She has optimism for the impacts of Mr. Wiseman’s leadership in Brooklyn Center. Mayor Graves asked if the Outreach Team was cut from the budget. Mr. Wiseman explained there was a Supervisor and Manager position, but only one was ever filled. He eliminated the Supervisor position. Councilmember Kragness thanked Staff for the presentation. She stated the positive changes and plans implemented have been very successful in building both revenue and community. The change in revenue takes a lot of work. Mr. Wiseman pointed out the success of the Department is thanks to his Staff. Councilmember Butler thanked Staff for the presentation. The Department has dramatically improved its offerings. She asked if hosting weddings at Centerbrook would negatively affect the green. She also asked if the recycling bins in the parks are actually being recycled. 12/9/24 -11 - DRAFT Mr. Wiseman stated that weddings would be during the winter, so the green isn’t a concern. Ms. Goebel stated cross-contamination in the parks is a concern. Staff tries to recycle the contents of the bins, but if there are non-recyclable materials in a recycling bin, they must be thrown away. The issue requires community education among other efforts, and there is not currently space in the recycling budget for such changes. Mayor Graves agreed there needs to be a larger marketing campaign to promote recycling. Councilmember Lawrence-Anderson suggested there be signs added. Ms. Goebel stated the cans are labeled. Councilmember Lawrence-Anderson stated a separate sign promoting recycling and community pride would be helpful in encouraging proper practices. Councilmember Jerzak asked if the golf simulators had been purchased already. Mr. Wiseman stated they hadn’t been purchased. Councilmember Jerzak asked if the $300,000 to remodel the D-Barn has been approved. Mr. Wiseman stated the new contract includes an agreement for the vendor to provide $300,000 to renovate the D-Barn. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the presentation. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. RESOLUTIONS TO APPROVE THE UTILITY RATES FOR 2025 City Manager Reggie Edwards introduced the item and invited Director of Fiscal & Support Services Angela Holm to make the Staff presentation. Director of Fiscal & Support Services Angela Holm explained approving utility rates requires a public hearing. While considering the rate changes, the primary aim is to maintain service levels. Another consideration is to provide cash for operating needs, capital projects, and debt service. The 2025 proposed rates were included in the budget presentation on December 2, 2025. Staff completes a long-term analysis to promote stabilization of rate changes. Ms. Holm showed a table with 2025 proposed rate changes. Water rates would see a 25 percent increase, four percent increase for sanitary sewer, three percent increase for storm sewer, and 75 percent for recycling. The water increase is likely to be the most impactful on residents. The large increase in recycling rates is to better cover the contracted charges for the service. Ms. Holm showed a table with the proposed rate change’s impact on the average Brooklyn Center household. For the average user, folks would see a $22.80 increase in water costs, $4.33 for 12/9/24 -12- DRAFT sanitary sewer, $0.78 for storm sewer, $1.47 for street lights, and $10.64 for recycling, which creates a total of $40.02. Ms. Holm pointed out Staff considered how comparable cities fund infrastructure operations, maintenance, and replacement for large projects. They also looked into the infrastructure needs, replacement timing, and policies on funding mechanisms. Ms. Holm showed a graph comparing water utility rates with other cities. In 2024, Brooklyn Center had one of the lowest rates. The 2025 rates are unknown, but the 2025 cost would be in the middle of the 2024 rates. She showed the same graph for sanitary sewer, and Brooklyn Center is around the middle. Storm drainage utility rates are on the lower end for comparable cities. Lastly, she showed a graph comparing the total utility rates for comparison. In 2024, Brooklyn Center was the second lowest. Ms. Holm stated only a few cities charge for street lights. Brooklyn Center had an average rate in 2024. Similarly, not all cities charge for recycling. Brooklyn Center contracts with the same service as Crystal and New Hope. Crystal and New Hope have the same rate, but Brooklyn Center didn’t charge a high enough rate in 2024 due to an error in the billing process. The 2025 increase will make up for the lower 2024 recycling billing numbers. Councilmember Lawrence-Anderson asked if there is a plan to address the broken water meters. The current situation is inequitable. Ms. Holm stated various Staff are collaborating to fix the meters. The meters reading zero are a priority. The meters with estimated reads are next in line for replacement. It is a large project, so it will take considerable time. However, the efforts are underway. Ms. Holm encouraged residents with a zero read to contact Staff to set up a time to fix the meters. Councilmember Lawrence-Anderson asked if Staff expects residents to reach out. Ms. Holm stated she is cautiously optimistic. Councilmember Jerzak noted his appreciation of the plan. The Public Works Staff is already overworked, and now they are expected to fix around six meters per day until the approximately 400 meters are addressed. The audit showed a potential loss of $100,000. He asked if Council has considered bringing in an external contractor to fix the meters. Councilmember Jerzak added there are 886 delinquent accounts with around $900,000 in unpaid water bills. People cannot afford their utilities, and the proposed increase is concerning. The City has a number of folks on a fixed income. Councilmember Lawrence-Anderson asked if residents would be more interested in receiving a monthly bill instead of a quarterly bill. She asked if such a change would be an administrative burden. Ms. Holm explained Staff has discussed changing the billing times. More people are moving to online billing which would make the administration easier. There hasn’t been a strong interest in moving to monthly billing. 12/9/24 -13- DRAFT Councilmember Jerzak asked if there is a way to recover any funds from non-metered water usage. Ms. Holm confirmed there is not such an option. Councilmember Jerzak stated it is concerning for the metered users to be paying for the non- metered users. Ms. Holm stated the new rates aren’t going to fix the issue of missing funds. However, the fixes for the meters will impact the funds down the line. Councilmember Butler moved and Councilmember Jerzak seconded to open the Public Hearing. Motion passed unanimously. Laurie M. pointed out Brooklyn Center adopted a 7.92 percent increase for property taxes though she implored the City to consider a lower rate. The vote was not resident-centered, particularly for folks on a fixed income. Laurie M. noted her appreciation for acknowledging the billing error that impacted future recycling rates. Laurie M. asked if a non-metered house can be charged a minimum rate. Laurie M. noted her support of a contracted service to address broken meters. Laurie M. stated the City is not collecting franchise fees from Xcel Energy. Anyone paying an electric bill has an additional tax. She asked where the franchise fees were going. Rick P. pointed out Staff cited 18,000 gallons as the average water use. He uses 5,000 gallons but he is charged at a minimum of 6,000 gallons. He asked what the extra money was used for. Ms. Holm stated residents are only charged for their water usage. Rick P. stated he has been charged a minimum for around ten years. Ms. Holm stated Staff would need to review his water bill. Jeff L. noted residents are charged a base fee on top of the cost for the usage, and it was noted in the presentation. He asked what the base fee is for. He is charged at a minimum 6,000 gallons. Mayor Graves requested Jeff L. follow up individually with Staff. Jeff L. explained he is talking about all residents because they are all being charged a minimum. Mayor Graves stated the presentation showed rates based on general usage. Jeff L. stated everyone is charged a base fee regardless of usage. Ms. Holm confirmed that is correct. Usage is an additional charge for every 1,000 gallons. They don’t calculate the base fee based on gallons. Dr. Edwards stated Staff would provide an answer directly to Jeff L. Councilmember Butler moved and Councilmember Kragness seconded to close the Public Hearing. 12/9/24 -14- DRAFT Motion passed unanimously. Councilmember Kragness asked what would happen if the new rates don’t pass since they are already in the approved budget. Dr. Edwards explained Staff would need to redo the budget accordingly. The rates would need to be calculated with the adjustments. The proposed increases are necessary to meet the costs of the utilities. Mayor Graves requested the audience remain quiet. Ms. Holm added the 2024 rate would remain in place. Staff would calculate the rate’s impact on cash flow and pending projects. Ultimately, Staff can bring rates back to the Council at any time for approval. Councilmember Kragness noted it would make more sense to set the rates prior to the budget. Ms. Holm agreed with Councilmember Kragness and the next round of budget discussions have the rate presentation earlier in the schedule. Councilmember Jerzak thanked Ms. Holm for her comments. The rates could impact the bonding rate, and he asked for clarification. Ms. Holm stated the 25 percent increase for water would be the lowest increase advised by Staff because of its impact on the bond rating. The 25 percent increase would get the City out of a negative cash amount in four years. The bond-rating folks do not appreciate negative cash amounts without an aggressive plan to address the deficit. The City has been advised to show an aggressive response to the deficit. Mayor Graves moved and Councilmember Butler seconded to adopt a Resolution for 2025 Water Utility Rates Councilmember Kragness pointed out she doesn’t like the rates, but something needs to be done to address the negative cash balance. Councilmember Lawrence-Anderson noted her agreement with Councilmember Kragness and noted her begrudging support of the recommendation. Councilmember Jerzak voted against the same. Motion passed. Mayor Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2024- 134, a Resolution for 2025 Sanitary Sewer Utility Rates. Councilmember Lawrence-Anderson reiterated her begrudging support of the recommendation. Councilmember Jerzak voted against the same. Motion passed. Mayor Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2024- 135, a Resolution for 2025 Storm Sewer Utility Rates. Councilmember Jerzak pointed out he supports the item because there are design plans for the Public Works Garage which is essential for Brooklyn Center. 12/9/24 -15- DRAFT Motion passed unanimously. Mayor Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2024- 136, a Resolution for 2025 Street Light Rates. Councilmember Jerzak explained he supports the item because many constituents have expressed concerns about streetlights throughout the City. Motion passed unanimously. Dr. Edwards noted there will be an additional increase to the recycling rates due to organics. The Council previously discussed the topic. Mayor Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2024- 137, a Resolution for 2025 Recycling Rates. Councilmember Jerzak noted his appreciation of Staff’s transparency regarding the billing issue that requires such an increase. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2024-012, SUBMITTED BY KKMBA BROOKLYN CENTER LLC, FOR A MAJOR AMENDMENT TO THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT TO ALLOW FOR GOVERNMENTAL OFFICES (2501 COUNTY ROAD 10) - PUBLIC HEARING Dr. Edwards introduced the item and noted Planning Commission could not meet quorum to discuss the application or host the public hearing. He invited Planner and Zoning Administrator Ginny McIntosh to continue the Staff presentation. Ms. McIntosh explained KKMBA Brooklyn Center LLC is requesting an amendment to the Shingle Creek Crossing Planned Unit Development (PUD) that would allow for “governmental offices” as a permitted use within the Shingle Creek Crossing shopping center and at 2501 County Road 10. This request is associated with a proposal for the Social Security Administration to enter into a 15-year lease to operate a field office in an approximately 12,500-square-foot tenant space on the property. The shell tenant space was constructed in 2019, yet despite numerous proposals over the years, no viable user has been identified. As proposed, the existing 9,000-square-foot Social Security Administration office, which is located less than one mile away at 3280 Northway Drive in Brooklyn Center, would be vacated. Ms. McIntosh pointed out that the Shingle Creek Crossing PUD stems from what was originally the Brookdale Mall. In 1999, City Council adopted Resolution No. 99-37, which approved a 12/9/24 -16- DRAFT PUD/re-zoning of the Brookdale Mall properties from the C2 District to PUD/C2. In May 2011, what is known as the Shingle Creek Crossing PUD was approved to re-develop the Brookdale Mall. The Shingle Creek Crossing PUD has been amended numerous times to account for future alterations/demolition of the remaining mall, re-platting/revisions to certain building pad sites, and changes to the approved uses within the Shingle Creek Crossing shopping center. Ms. McIntosh stated in June 2024, City Staff were informed that the approximately 12,500-square- foot shell space attached to HOM Furniture had been leased for use as a new Social Security Administration field office. City Staff informed Applicant/Property Owner KKMBA Brooklyn Center LLC that the proposed use of “governmental offices” was not a permitted use at that location per the approved PUD development plans and that as a TIF agreement had been executed, this could be considered a default under the agreement if not remedied. Ms. McIntosh noted that HOM Furniture received City approvals in 2017 to renovate the former Kohl’s building, construct an approximately 24,000-square-foot addition, and receive approvals for future improvements on Building Site X. Ms. McIntosh stated on October 15, 2024, applicant KKMBA Brooklyn Center LLC submitted a Planning Commission application for a major amendment to the Shingle Creek Crossing PUD that would allow for “governmental offices” as a permitted use within the Shingle Creek Crossing shopping center and at the property. Ms. McIntosh pointed out on October 31, 2024, a Public Hearing Notice published in the Sun Post. Unfortunately, on November 14, 2024, the Planning Commission failed to meet a quorum, so no hearing was held. On November 28, 2024, per Applicant's request, and in line with Section 35- 7203, a public hearing notice was re-published for the December 9, 2024, City Council meeting. Also on December 2, 2024, a 60-day letter of extension was issued to the applicant. Ms. McIntosh noted the existing Social Security Administration (SSA) office is located less than a mile away at 3280 Northway Drive, but desires to enter into a 15-year lease to operate an expanded field office at the property. Per the applicant, the SSA did not renew their lease term at their existing location as they require an expansion to meet the SSA’s new standards, with plans to vacate in early 2026 or sooner. Ms. McIntosh stated the approximately 12,500-square-foot shell space was completed in 2019, but despite numerous proposals over the years, no viable user has been identified. Shingle Creek Crossing shopping center is zoned PUD/C2, and while “governmental offices” is permitted as one of the limited C1 District uses allowed in the C2 District, the 2017 approval for the addition was for “multi-tenant retail” and not “governmental office” use. As the request is for the introduction of a new use not included within the PUD approval, the applicant is required to request approval of a “major amendment” to the PUD. Ms. McIntosh explained that was due to the fact that when HOM Furniture received approvals under City Council Resolution Nos. 2017-25 and 2017-174, the aforementioned approvals included tax increment considerations by the City’s Economic Development Authority (EDA) to 12/9/24 -17- DRAFT address costs associated with certain stormwater improvements and the City’s EDA entered into a Tax Increment Finance (TIF) agreement with HOM Furniture to renovate the former Kohl’s building, construct an approximately 24,000-square foot addition, of which included the 12,500- square foot addition intended for multi-tenant retail, and future improvements for Pad Site X. Ms. McIntosh showed an image of the site plan from a previous application from HOM. The buyer’s initial plan was to correct the existing blight of the Kohl’s building. The first level was intended to be market-rate retail space for rent. Additional development was planned to be market- driven and to develop the non-HOM balance of the site with aggressive marketing and adding complementary uses to the site. The goal was to fully develop the site to its densest and most complementary use. Ms. McIntosh showed images of the concept from HOM’s initial application. She then showed a proposed layout for the SSA use. Ms. McIntosh noted the applicant provided a narrative, interior layout, and architectural buildout set as part of their application submittal, which identifies a public entrance/vestibule, 36-seat waiting area, public restrooms, guard desk, VIP kiosk, writing counters, and partitioned counters for customers. There is also an employee entrance/vestibule, employee restrooms, cubicle and office space, a conference and break room, and a storage room to serve 28 staff. The hours of operations would be Monday through Friday 7 a.m. to 5:30 p.m. for employees and 9 a.m. to 4 p.m. for the public. Ms. McIntosh pointed out that the same SSA uses would be provided at the new location. Social security card services are not currently provided at the existing Brooklyn Center office but would be provided as part of an expanded location. Other existing metro locations include Minneapolis, Bloomington, and St. Paul. Ms. McIntosh stated per the applicant, “The SSA field office provides critical public services such as retirement, disability, and healthcare benefit management for Brooklyn Center and the surrounding areas. The high visitor volume underscores the community’s reliance on these services. The establishment of a government office in this location will enhance the availability of public services for the residents of Brooklyn Center and the surrounding areas. Government offices provide essential services such as public safety, administrative functions, and public outreach.” Ms. McIntosh added a report pulled for September 2024 indicated that 65 percent of visitors, which equates to 1,950 people, for the existing Brooklyn Center SSA office were residents within 4.5 miles of Brooklyn Center. Of those, 27 percent appear to be Brooklyn Center area residents per zip codes. The median age of a visitor to the SSA office is 33 years old. Ms. McIntosh noted the applicant states in their narrative that the SSA office has a positive economic impact on local businesses with approximately 50,000 visits per year, and that the SSA office supports local businesses by driving foot traffic to establishments with the majority of impact within a one-mile radius. However, visitor behavior data provided to the City notes that 12/9/24 -18- DRAFT just six percent of visitors frequent nearby shopping centers, five percent visit grocery stores in the area, 12 percent of visitors continue on to local shops and services, and 13 percent proceed to local dining establishments within a three-mile radius. Ms. McIntosh stated the applicant indicates in their narrative that the proposed use, “aligns with the City of Brooklyn Center’s Comprehensive Plan, while encouraging the adaptive reuse of properties to meet changing community needs and supporting the provision of essential community services boosting the local economy of Brooklyn Center. Government offices is a permitted use in the C2 district which overlays the Subject Property.” Ms. McIntosh pointed out the entirety of Shingle Creek Crossing is located within the City’s Transit-Oriented Development (TOD) future land use designation, and notes that the City has experienced significant change in the past decade regarding its changing demographics and land. With the closure of the Brookdale Mall, the retail landscape has shifted and changed. Although market conditions continue to pose challenges in forwarding Phase 1 of the Opportunity Site, which is located across from the property, City staff are optimistic about the recent adoption of the Master Plan. Despite closures within Shingle Creek Crossing, the shopping center has had renewed interest from users more aligned with the demographics and needs in Brooklyn Center, rather than the national chains the shopping center was originally envisioned for. Ms. McIntosh explained in reviewing the documentation provided by the applicant, City Staff has concerns regarding the overall complementariness of “governmental offices” at this location as shopping centers, in general, are typically designed to support uses like retail, dining, and other customer-facing services that drive foot traffic and economic activity. While “governmental offices” provide some level of face-to-face contact, these uses do not typically attract the same level of shoppers or contribute as robustly to a shopping center’s experience or vitality. Operation during daytime hours, less urgent traffic patterns, and generally more passive use that is not reliant on customers and purchases. Ms. McIntosh noted PUD and TIF Agreements aside, the subject property and Shingle Creek Crossing are positioned in the core of Brooklyn Center, where valuable real estate should be optimized for maximum potential use. It is assumed that the applicant and HOM Furniture would desire a user that would be complementary to their business and perhaps court customers to frequent their showroom and purchase their products. Ms. McIntosh stated Section 35-8304 (PUD Criteria) notes that, in addition to the criteria outlined in Section 35-7703 for conditional use permits, which does not apply for this PUD, the City Council shall base its decision upon the following additional criteria: compatibility of the development plan with the standards, purposes, and intent of this section, consistency of the development plan with the goals and policies of the Comprehensive Plan, the impact of the development plan on the neighborhood in which it is to be located, and the adequacy of internal site organization, uses, densities, circulations, parking facilities, public facilities, recreational uses, open spaces, and buffering and landscaping. 12/9/24 -19- DRAFT Ms. McIntosh reiterated that the public hearing notice was published in the Brooklyn Center Sun Post on October 31, 2024; however, due to a failure in meeting quorum at the November 14, 2024, Planning Commission meeting, the public hearing notice was re-published in the Brooklyn Center Sun Post on November 28, 2024, for the December 9, 2024, City Council meeting. Ms. McIntosh added notices were mailed to the surrounding property owners and physical addresses. The two major owners in proximity to the subject property include Gatlin Development Company and the City’s Economic Development Authority. Frank Gatlin corresponded with City staff regarding the proposed use and noted that, while he understood the struggle of the applicant to fill the approximately 12,500 SF space, as he himself has experienced in building out Shingle Creek Crossing, he did not think, “this particular tenant will be of any help to Shingle Creek as far as bringing in retail customers.” Mr. Gatlin noted that it would fill a dark space and the location is far enough from his retail that it would likely not have a negative impact, but it would also not have a positive impact with except one of having less empty space. Mr. Gatlin did not explicitly have any objection to the use other than having a desire to find better users to complement the center and create more traffic. Ms. McIntosh noted from the planning perspective, which included a review of the 2011 Shingle Creek Crossing PUD Master Plans and documents, Planning Commission Application Nos. 2017- 001 and 2017-007, the City’s zoning provisions, and the 2040 Comprehensive Plan, City planning Staff finds that the requested amendment to allow “governmental offices” within the Shingle Creek Crossing PUD, and as a replacement of the approved multi-tenant retail use at 2501 County Road 10 is inconsistent with the vision and objectives of the Shingle Creek Crossing PUD and shopping center, is not the highest and best use for the Subject Property given daytime/weekday hours, and less urgent traffic patterns, which conflict with the dynamic nature of shopping center and tenants. Overall, the components have potential impacts on future development and economic growth for remaining sites, and given operations. Plus, the data provided by the applicant from Placer AI suggests use would not significantly increase foot traffic or customer visits, which are essential for the success of the shopping center. Ms. McIntosh pointed out the Staff recommendation for the Council is a motion to deny the requested major amendment to the 2011 Shingle Creek Crossing Planned Unit Development to allow "governmental offices" as a permitted use at the Subject Property located at 2501 County Road 10 and as contemplated under Planning Commission Application No. 2024-012. City planning Staff maintains the position that, based on the findings presented within the provided Staff report, the requested major amendment to the Planned Unit Development should be denied; however, if City Council elects to recommend approval of the request to allow for “governmental offices” within Shingle Creek Crossing shopping center, the motion language should be to approve the requested amendment to the 2011 Shingle Creek Crossing Planned Unit Development to allow for “governmental offices,” and with revised findings. Ms. McItnsoh stated the EDA and KKMBA Brooklyn Center LLC entered into a TIF Development Agreement, dated December 11, 2017, in conjunction with the developer’s proposed construction of the minimum improvements and stormwater improvements, but the developer has not completed the conditions for the disbursement of the TIF assistance under the TIF Agreement. 12/9/24 -20- DRAFT Ms. McIntosh explained that the Developer is proposing the use of the property that is inconsistent with the retail use contemplated in the TIF Agreement and PUD, the developer noted a willingness to terminate the TIF Agreement if the PUD Amendment for “government use” is approved. If City Council supports approving the major PUD amendment, which would allow “governmental offices” within the Shingle Creek Crossing PUD and on the subject property, City Staff further advises Council to approve the Planning Commission application contingent on termination of the related TIF Agreement. Ms. McIntosh offered to answer questions for the Council and noted the developer is present. Councilmember Jerzak pointed out the Planning Commission provides valuable perspective on such applications. He doesn’t tend to disagree with Staff’s recommendations. The existing blight and no use of the site is not the highest and best use. HOM has made a significant effort to market the space. The SSA is unlikely to prohibit future tenants. In fact, governmental offices typically have security which could encourage prospective tenants. Also, the traffic won’t compete with other businesses. Plus, Mr. Gatlin has no communicated objections to the proposed use. Councilmember Jerzak stated the other SSA offices are difficult to access, particularly for those with mobility issues or the elderly. The new location is well lit and accessible. The essential service trumps a desire for the highest and best uses. Overall, he supports the proposed use. Councilmember Kragness noted the proposed tenant isn’t compatible with the development plan, and the SSA wouldn’t bring in retail customers. Because the sites have been vacant for so long, they are being pressured to change the vision of the area. The City should prioritize recruiting businesses and find better fits. Mayor Graves moved and Councilmember Jerzak seconded to open the public hearing. Motion passed unanimously. Kevin S. disagreed with objections to the proposed use and stated the local community should have easy access to such essential services. The building is better than the existing one and is more accessible for those with accessibility considerations. There are plenty of spots to add retail in Shingle Creek Crossing among other places. Jeff L. stated the SSA is going to leave their current building, and they may move to another city. Regardless of the best use for the site, the SSA office should remain in Brooklyn Center. Mayor Graves reminded speakers to address comments to the presiding officer. Nahid K. noted her support of the government office at the proposed site. There are government offices in retail spaces all over the Twin Cities. Additional marketing efforts for the retail area would be beneficial. Brooklyn Center businesses have been advertising Maple Grove establishments when they should support local businesses instead. 12/9/24 -21- DRAFT Laurie M. pointed out there used to be a Hennepin County office building surrounded by retail uses and a movie theater in the City. Zero percent of retail is still zero. Getting people to visit the area is better than the existing use. The visitor data presented by Ms. McIntosh was encouraging rather than discouraging. Laurie M. added the existing SSA office is in need of a change. There hasn’t been a new tenant there is years. The NorthWest Tourism Board needs to do more work as well. Julie B. expressed her support of the proposed use. She frequents SSA offices, and another location to obtain a SSA card would be widely impactful. It may take an entire day at the South Minneapolis cases to merely obtain a card. John Pierce, a representative of the developer, explained five different brokers have worked on the site since its purchase in 2017. Before purchasing the site, the developer presented a number of ideas to Staff. Staff requested the developer to focus on building the HOM site. At that time, the site across the street had similar plans to be developed which didn’t come to fruition. Along with market conditions, it has been difficult to find a use for the retail space. Mr. Pierce explained Placer AI uses phone user traffic and shows that 3,700 people visit local food establishments after leaving an SSA office, 3,400 visit local shops, 1,700 visit shopping centers, and 1400 visit grocery stores. Mr. Pierce noted he has a number of comments on the topic, but the public comments support the developer’s proposal and the need for the proposed use. Mr. Pierce added the excerpts of the email from Mr. Gatlin didn’t include his plan to amend the PUD to allow for more uses. Mayor Graves moved and Councilmember Butler seconded to close the public hearing. Motion passed unanimously. Mayor Graves moved and Councilmember Jerzak seconded to approve the requested major amendment to the 2011 Shingle Creek Crossing Planned Unit Development to allow "governmental offices" as a permitted use at the Subject Property located at 2501 County Road 10 and as contemplated under Planning Commission Application No. 2024-012 contingent on termination of the related TIF Agreement. Councilmember Kragness pointed out she believes there is a better use for the space, though she supports the services offered by the SSA. Councilmember Kragness voted against the same. Motion passed. 10. COUNCIL CONSIDERATION ITEMS 12/9/24 -22- DRAFT It was the consensus of the Council to rearrange the order of the Council Consideration Items. Council Consideration Item 10a. Brooklyn Center Community Safety and Violence Prevention became Council Consideration Item 10c. Brooklyn Center Community Safety and Violence Prevention. Council Consideration Item 10b. Resolution Adopting a City Council Code of Conduct and Ethics became Council Consideration Item 10a. Resolution Adopting a City Council Code of Conduct and Ethics. Additionally, Council Consideration Item 10c. 2025 Brooklyn Center Legislative Priorities became Council Consideration Item 10b. 2025 Brooklyn Center Legislative Priorities. 10a. RESOLUTION NO. 2024-128; ADOPTING A CITY COUNCIL CODE OF CONDUCT AND ETHICS Mayor Graves explained this item was pulled from the Consent Agenda because Councilmember Lawrence-Anderson wasn’t present for the previous discussion. Some Councilmembers have expressed interest in waiting for the 2025 Council to vote on the item. However, the present Council has been working on the item for a number of months. Councilmember Jerzak noted one reason he asked to pull the item was to allow Councilmember Lawrence-Anderson to provide input. There was also a correction missing from the document as previously requested by the Council. Councilmember Jerzak pointed out a new Councilmember has some grave concerns about the document and also believes it will be weaponized. The City has gone years without such a policy, and the new Councilmember will have to abide by it for four years. Therefore, the new Councilmember should have input. Councilmember Jerzak stated he doesn’t see a way he will support the policy. It will be used for political gamesmanship and weaponization. Councilmember Lawrence-Anderson explained she thoroughly read the minutes of the previous conversation on the topic. She noted there is no definition for what constitutes a censure. She had requested clarification, but she has not received a response. The only issue she has with the document is the unclear accountability measures. Mayor Graves stated the first step is a verbal warning, then a written warning, and then the Council would have to agree to censure a Councilmember. There has also been a discussion on the accountability process for Commissions. Councilmember Lawrence-Anderson stated she would write, legal clarification of what offenses would warrant a censure. City Attorney Siobhan Tolar stated a violation of the policy could result in an accountability measure. The document includes relationships between Councilmembers and various entities such as the public, Staff, and other Councilmembers. The first step is a verbal warning, the second is a written warning, and the third would be a vote to censure. 12/9/24 -23- DRAFT Ms. Tolar explained Councilmember Lawrence-Anderson previously asked for a definition of a censure. A censure is a public admonition by the Council that declares an individual has violated the Code of Conduct. Councilmember Lawrence-Anderson stated she agrees with much of the document, but she does agree with points made by Councilmember Jerzak. This is not an item that should be handled at the final meeting of the year. Ms. Tolar added the proposed resolution includes a provision for potential future amendments. The Council has the opportunity to revise the resolution as needed. Councilmember Lawrence-Anderson pointed out that the Charter also addresses conduct and ethics. Mayor Graves stated the Charter doesn’t include any accountability measures. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to table the Resolution Adopting a City Council Code of Conduct of Ethics. Councilmembers Butler and Kragness and Mayor Graves voted against the same. Motion failed Mayor Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2024- 128, a Resolution Adopting a City Council Code of Conduct of Ethics. Councilmembers Lawrence-Anderson and Jerzak voted against the same. Motion passed. SUSPENSION OF ADJOURNMENT RULES Mayor Graves moved and Lawrence-Anderson seconded to suspend the rules and allow the meeting to continue past 10:00 p.m. Councilmember Lawrence-Anderson asked if there is a certain time limit for the meeting. Mayor Graves stated the meeting would conclude once the agenda was complete or 11:00 p.m., whichever was sooner. Councilmember Lawrence-Anderson stated she would only be willing to participate until 10:30 p.m. Councilmember Jerzak voted against the same. Motion passed. 10b. 2025 BROOKLYN CENTER LEGISLATIVE PRIORITIES Councilmember Jerzak explained he requested this item be discussed because the Council hasn’t had a chance to review it. There are a few issues with the priorities as proposed. On page 11, the transportation priorities need to include the updated demands the City has provided to the Department of Transportation (MnDOT). Councilmember Jerzak noted on page 3, the City shouldn’t be involved in private business leases and negotiations. 12/9/24 -24- DRAFT Councilmember Jerzak pointed out his first priority is the Public Garage, then the TIF, and the last one being third. Councilmember Jerzak stated on page 6, he doesn’t want carve-outs for housing. A hodgepodge of ordinances throughout various cities make it difficult for landlords to conduct business. Councilmember Jerzak added on page ten, the Police Chief needs to weigh in on some of the priorities that would impact his Department, referring to legislation regarding 21st Century Policing. Mayor Graves noted she is comfortable with the legislative priorities. It is the same document that was presented to their representatives. There are a few priorities for big ticket items the Council previously agreed upon. Dr. Edwards stated all priorities are chosen by the Council and are intended to reflect the values of the Council. It is the purview of the Council to choose each of the legislative priorities. As for the top items, the three priorities highlighted have been emphasized by Council again and again. The three items will receive the most time and attention from Staff and the City’s representatives. Dr. Edwards pointed out 21st Century Policing has been integral to the Brooklyn Center Police Department for more than a decade, and the Police Chief has participated in the concept in the past. Councilmember Jerzak stated that is all he needed to know on the policing item. Mayor Graves moved and Councilmember Butler seconded to approve the 2025 Brooklyn Center Legislative Priorities. Motion passed unanimously. Dr. Edwards asked if Council wants to hear from the Chief of the Police Department. Mayor Graves stated the item has been approved, so Councilmember Jerzak can speak directly with the Police Chief if needed. Councilmember Jerzak stated he wanted to ensure the Chief was on board with the legislative item, and Dr. Edwards’ confirmation was all he needed. 10c. RESOLUTION NO. 20244-138; ESTABLISHING THE BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION AND DEFINING DUTIES AN RESPONSIBILITIES City Manager Reggie Edwards introduced the item and reviewed the history of the discussion. The topic was delayed until the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act could be further discussed by the Council. Since then, the Act has been discussed by the Council on several occasions. Staff has incorporated feedback from the discussions into the proposed resolution. 12/9/24 -25- DRAFT Director of Community Prevention, Health and Safety LaToya Turk explained the Act calls for the establishment for a Community Safety and Violence Committee. The Commission is designed as an advisory to fulfill said mandate. Ms. Turk noted the proposed committee ensures all members will be Brooklyn Center residents in alignment with the Act’s focus on lived experiences, members with direct interactions with criminal justice systems, or related services will be prioritized. The proposal specifies that City Staff will serve as non-voting liaisons to the Commission, ensuring their role is supportive rather than directive. Ms. Turk stated the purpose of the Commission includes reviewing current public safety policies and practices, such as responses and the effectiveness of models. This directly corresponds to the Act’s directive to review protest responses and recommend improvements. Ms. Turk noted while the Commission does not specifically function as a civilian oversight committee, its role in developing recommendations on public safety policy and advising on structural reforms supports the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act’s intent to enhance civilian input and provide recommendations on critical issues, including labor agreements and policy amendments. Ms. Turk pointed out the Commission’s objectives encompass improving community health, addressing systemic inquiries, and advancing holistic violence prevention strategies, as envisioned in the initial Act. Its work supports the Act’s call for programs and policies aimed at improving community health in Brooklyn Center. Ms. Turk explained by promoting transparency, ongoing community forums, and reviewing public safety metrics, the proposed Commission creates a structured avenue to address community concerns, including responses to protests and other public safety incidents. The Commission’s ability to provide policy recommendations also allows for the review of City ordinances, fines, and fees, ensuring alignment with the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act’s directive to examine provisions that impact community equity. Ms. Turk added by adopting an evidence-based approach and aligning with national best practices, the Community Safety and Violence Prevention Commission supports the Act’s overarching goal of creating a safer, more just community by using proven and forward-thinking public safety strategies. Ms. Turk stated the Commission would be composed of a chairperson, six voting members, and four non-voting members. All voting members must be residents with direct experience with public safety, judicial, or public health systems. All non-voting advisors must also have direct experience with public safety, judicial, or public health systems. Ms. Turk noted the City Manager would assign one Staff member to serve as liaison to perform administrative duties on behalf of the Commission. In addition, Staff from all public safety 12/9/24 -26- DRAFT departments will attend meetings. The Office of Community Prevention, Health, and Safety would serve as the liaison for the Commission. Ms. Turk pointed out the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act initially called for a committee, but Staff is proposing a commission instead. She then reviewed the layout and headers within the resolution. Ms. Turk stated the duties and responsibilities of the Commission would include developing, advising, recommending, and upon adoption by the City Council, monitoring the execution of a comprehensive plan and recommending amendments to the plan as warranted relevant to community safety and violence prevention matters in the City, including the Act. Ms. Turk noted an additional responsibility would be advising and assisting the City in the adoption of policies and procedures by the City Council responsive to changing diverse community needs and concerns in matters of community safety and violence prevention, creating an annual report for the City Council regarding accomplishments toward fulfillment of such comprehensive plan and recommend amendments to the plan as warranted, advising and assisting the City in reviewing and discussing community safety and violence prevention policies for the City, and making recommendations to the City Council concerning community safety and violence prevention in the City. Ms. Turk continued to explain duties would be working with City Staff and other Commissions on matters regarding community safety and violence prevention in the City, reviewing current community safety and violence prevention initiatives, practices, and policies, working with neighborhood committees to understand the community safety and violence prevention needs of each area in the City, identifying high-priority areas for community safety and violence prevention in the community and analyzing methods of fulfilling these needs and interests and presenting alternative recommendations for actions to the City Council. Ms. Turk added responsibilities would include providing opportunities for the citizens of Brooklyn Center to voice their concerns and opinions regarding community safety and violence prevention matters, recommending new and innovative concepts in community safety and violence prevention for the City, advising, reviewing, and making recommendations for the City’s response to protests, reviewing the current collective bargaining agreement between the City make recommendations prior to final approval to the City Manager, and making any other recommendations to the City Council related to the initiation of programs or policies to improve community health in Brooklyn Center. Ms. Turk reiterated the Commission would be composed of a chairperson, six voting members, and four non-voting members. All voting members must be residents with direct experience with public safety, judicial, or public health systems. All non-voting advisors must also have direct experience with public safety, judicial, or public health systems. Ms. Turk added as for the method of selection, it is proposed the Office of Community Prevention, Health and Safety would provide the Mayor with a list of Commission candidates to serve on the 12/9/24 -27- DRAFT Commission after review with the Brooklyn Center Police Department, Brooklyn Center Fire Department, and Brooklyn Center Parks and Recreation Department. The Mayor would then recommend candidates to the City Council for appointment. The City Council shall appoint members to the Commission by resolution. The initial appointment would be staggered but would have term lengths, resignations, vacancies, chairpersons, vice chairs, compensation, bylaws, rules, and procedures would be the same as existing commissions. Ms. Turk pointed out the goal is to have the Commission launched by the second quarter of 2025. Ms. Turk stated the City Manager shall assign one member of Staff to serve as liaison to the Commission. The liaison assigned shall perform administrative duties on behalf of the commission. In addition to the Staff Liaison, City Staff from all public safety departments will attend commission meetings including the Office of Community Prevention Health and Safety, Brooklyn Center Police Department, Brooklyn Center Parks and Recreation Department and Brooklyn Center Fire Department with the Office of Community Prevention, Health and Safety serving as the liaison for the Commission. Also, there is a provision regarding neighborhood representation. Councilmember Butler stated the topic has been discussed to the point of exhaustion. It has been signed off on by all Department directors and legal Staff. The Project 252 Task Force didn’t receive full support, and it is mind-boggling that Council would be uninterested in input from community members with direct experience on a particular topic. Ultimately, the Police Chief remains the sole disciplinary body. Councilmember Kragness thanked Ms. Turk for the presentation and noted her support for the compromises and edits made by Staff. She noted she has a concern about the wording regarding the composition of the Commission. She suggested that portion be reworded to ensure all voting members are residents. Ms. Turk confirmed the edit would be made. Mayor Graves pointed out there is some benefit to include business owners or school employees who may not be residents. Councilmember Kragness agreed there should be non-resident community members included in the Commission, but voting should remain a privilege for residents, similar to other commissions. Councilmember Lawrence-Anderson stated the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act doesn’t align with the presented composition. Mayor Graves agreed there isn’t perfect alignment precisely because the Council doesn’t agree with all components of the original Act. Councilmember Lawrence-Anderson pointed out the initial Act is still an active document. Mayor Graves stated the original document can be edited to reflect the proposed composition. Councilmember Jerzak stated the presentation did address some of his concerns. However, the fact remains that the document wasn’t provided to the City Council or the public in advance of the meeting. He would like additional time to review the resolution prior to voting on approval. There are many well-intentioned Staff that don’t completely understand the implications of an ordinance. 12/9/24 -28- DRAFT Councilmember Jerzak added the Commission may be a great opportunity, but it may be set up for failure if it believes its recommendations will automatically be approved. Mayor Graves asked why he believes that for the proposed Commission and not the existing ones. Councilmember Jerzak explained his belief is based on personal experience. Mayor Graves asked if Councilmember Jerzak is referring to a past group that discussed public safety concerns but isn’t the Financial Commission, Housing Commission, Planning Commission, or the Parks and Recreation Commission. Councilmember Jerzak stated the Council has not had an opportunity to completely review the document. The proposal is monumental, and needs a thorough review. Also, the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act from which it derives has not been entirely reviewed by the Council. Councilmember Butler moved and Mayor Graves seconded to adopt RESOLUTION NO. 2024- 138, a Resolution for the Community Safety and Violence Prevention Commission. Councilmember Lawrence-Anderson noted her preference to table the item. Motion passed (3-2, Councilmembers Jerzak and Lawrence-Anderson). Mayor Graves pointed out she is open to continued conversation with other Councilmembers. 11. COUNCIL REPORT None. 12. ADJOURNMENT Mayor Graves moved and Councilmember Jerzak seconded adjournment of the City Council meeting at 10:31 p.m. Motion passed unanimously.