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HomeMy WebLinkAbout2025.02.24 CCM REGULAR2/24/25 -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 FEBRUARY 24, 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 Pro Tem Kragness at 7:03 p.m. 2. ROLL CALL Mayor Pro Tem Teneshia Kragness and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Laurie Ann Moore. Mayor April Graves was absent and excused. Also present were City Manager Reggie Edwards, Finance Director Angela Holm, Deputy City Manager Daren Nyquist, Communications Manager Joe Cordoza, IT Manager Kao Yang, City Clerk Barb Suciu, and City Attorney Siobhan Tolar. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor Pro Tem Kragness opened the meeting for the purpose of Informal Open Forum and reviewed the Rules of Decorum. Gretchen E. stated the expanded response team was initiated in August 2024, and there are supposed to be quarterly reports. The Council has yet to receive a report. The Council needs to prioritize transparency. Dr. Edwards stated the update is scheduled for a Staff presentation. Diane S. stated the Sun Post is Brooklyn Center’s newspaper. However, they are not available at local retailers. Also, it is no longer free for delivery to Brooklyn Center homes. She has to go to Eden Prairie to obtain a copy. Diane S. thanked the Council for acknowledging the life and service of Carol Kleven. Diane S. noted a neighbor has applied for the County’s tree removal. The County has agreed to remove seven of her dead trees and will replace them if she is interested. She encouraged others to apply to the program. 2/24/25 -2- DRAFT Diane S. added Don Helverson is a Brooklyn Center resident who turned 102 that day. He will be featured on the news. Councilmember Jerzak requested Diane S. provide information to the Clerk about the tree removal application. Diane S. pointed out that Councilmember Moore had shared the information on various Facebook groups. However, searching for diseased trees on the County’s website will bring up the program’s page. They do a monthly lottery. Dr. Edwards stated Staff would work to make the information available on the City’s website. Nahid K. noted she is the Chair of the Cultural and Public Arts Commission. They are working to develop a beautification plan, which began two mayors ago. A banner is being planned to reflect the diversity of Brooklyn Center. Mayor Graves is the Liaison to the Cultural and Public Arts Commission, and she fully supports the work and growth of the Commission. They are meeting every two months in 2025 instead of quarterly. Councilmember Moore moved and Councilmember Jerzak seconded to close the Informal Open Forum at 7:15 p.m. Motion passed unanimously. 5. INVOCATION Councilmember Lawrence-Anderson read a quote from John Wooden. “Be more concerned with your character than your reputation because your character is what you really are, while your reputation is merely what others think you are.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Pro Tem Kragness stated Study Session Item 2a. Discussion of Resolution 2024-138; Resolution Establishing the Brooklyn Center Community Safety and Violence Prevention Commission and Defining Duties and Responsibilities has been moved to become Council Consideration Item 10b. Discussion of Resolution 2024-138; Resolution Establishing the Brooklyn Center Community Safety and Violence Prevention Commission and Defining Duties and Responsibilities. They have also removed the minutes for approval to allow for more edits to be completed. Mayor Pro Tem Kragness moved and Councilmember Moore seconded to approve the Agenda and Consent Agenda, as amended, with Study Session Item 2a. Discussion of Resolution 2024-138; Resolution Establishing the Brooklyn Center Community Safety and Violence Prevention Commission and Defining Duties and Responsibilities becoming Council Consideration Item 10b. Discussion of Resolution 2024-138; Resolution Establishing the Brooklyn Center Community Safety and Violence Prevention Commission and Defining Duties and Responsibilities and removing item 6a. Approval of the regular City Council Minutes from the Consent Agenda and the following consent items were approved: 2/24/25 -3- DRAFT 6a. APPROVAL OF MINUTES 1. January 27, 2025 – Study Session 2. January 27, 2025 – Regular Session; This item was tabled to the next meeting. 3. January 27, 2025 – Work/EDA Session 4. February 10, 2025 – Study Session 5. February 10, 2025 – Regular Session 6. February 10, 2025 – Work/EDA Session 6b. LICENSES MECHANICAL All Weather Heating and Air Condition LLC 10216 5th Avenue S Bloomington 55420 Mechanical Solutions Inc. PO Box 167 Cokato 55321 Professional Mechanical Services 19640 200th Avenue NW, Suite 9 Big Lake 55309 HOSPITALITY ACCOMMODATIONS Fairfield Inn & Suites 6250 Earle Brown Drive Quality Inn 1600 James Circle N Brooklyn Center Hotel 2200 Freeway Boulevard RENTAL RENEWAL (TYPE IV – six-month license) 5400 Russell Avenue N Tai Pham 2406 Ericon Drive G B Homes Llc 5712 Logan Avenue N Penrod LlC 5849 Colfax Avenue N BAY STREET HOMES LLC RENEWAL (TYPE III – one-year license) 3305 53rd Avenue N Lake Point Apartments Llc 6511 Humboldt Avenue N The Pines North LLC 3319 66th Avenue N Thr Property Illinois L P 2/24/25 -4- DRAFT 3700 55th Avenue N James Ayotunde Olatunbosun 3906 Eckberg Drive William E Clabots 4019 Joyce Lane Ih2 Property Illinois Lp 6736 Perry Avenue N CCF2 MN LLC RENEWAL (TYPE I – three -year license) 4703 68th Avenue N P M Mcdonough & J Mcdonough 1208 57th Avenue N CommonGrowth LLC 3213 62nd Avenue N Easton Homes LlC 3834 Oak Street Prosperous Property 5509 Lyndale Avenue N Zoe M Hildreth 5712 Logan Avenue N Penrod Llc 6030 Colfax Avenue N Hector Vizcarra 6213 Chowen Avenue N Nazneen H Khatoon 7030 Regent Avenue N Rifive Inc 6c. 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 - SECOND READING RESOLUTION 2025-025 APPROVING A SUMMARY PUBLICATION FOR THE ORDINANCE REGARDING THE ESTABLISHMENT OF ADULT- USE CANNABIS BUSINESS ZONING REGULATIONS - SECOND READING 6d. AN ORDINANCE AMENDING SECTION 35-9200 OF THE BROOKLYN CENTER CITY CODE OF ORDINANCES REGARDING THE DEFINITION OF URBAN AGRICULTURE - SECOND READING 6e. BROOKLYN CENTER LABOR AGREEMENT 2/24/25 -5- DRAFT Councilmember Moore asked if Councilmember Jerzak wanted to move the conversation about cannabis regulations to the Regular Session. Councilmember Jerzak stated he did not want to. Dr. Edwards asked if only the Regular Session minutes from January 27, 2025, were being removed. Mayor Pro Tem Kragness confirmed that was correct. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION REMEMBERING AND HONORING FORMER CITY OF BROOKLYN CENTER COUNCIL MEMBER CAROL KLEVEN Mayor Pro Tem Kragness pointed out Carol Kleven was her neighbor, and she really liked her. Councilmember Lawrence-Anderson stated she and Ms. Kleven were good friends. She was a dynamo. Her basement was like a store. Ms. Kleven was very sharp mentally and a sharp dresser. Councilmember Jerzak noted Ms. Kleven loved garage sales. Past Staff used to throw away garage sale signs. Ms. Kleven was unhappy with that, and she told him she would run for Council to change that rule. Ms. Kleven served the Council and changed the rules. She was a dynamo. Mayor Pro Tem Kragness read the Resolution remembering and honoring former City of Brooklyn Center City Council Member Carol Kleven. Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to adopt RESOLUTION remembering and honoring former City of Brooklyn Center City Council Member Carol Kleven. Motion passed unanimously. Councilmember Lawrence-Anderson added Ms. Kleven had flowers on top of her car so she could find it easier. Dr. Edwards asked who seconded the approval of the Consent Agenda. Mayor Pro Tem Kragness stated Councilmember Moore seconded the approval of the Consent Agenda. 7b. BROOKLYN CENTER ADMINISTRATION DEPARTMENT ANNUAL PRESENTATION Dr. Edwards introduced the item and invited Deputy City Manager Daren Nyquist to continue the Staff presentation. Deputy City Manager Daren Nyquist showed the organizational structure for the Administration Department. The Deputy City Manager oversees the Department. Other roles in the Department 2/24/25 -6- DRAFT include the City Clerk, Deputy City Clerk, Administrative Assistant, Communications Manager, Communications Specialist, IT Manager, IT Specialist, and IT Technician. Mr. Nyquist noted there are three divisions within the Department: Communications, Information Technology (IT), and City Clerk’s Office. He invited Communications Manager Joe Cordoza to continue the presentation. Communications Manager Joe Cordoza stated the Communications Division oversees the employee newsletter, City newsletter, City website, and City branding. In 2024, they integrated more languages into the City website. The four most spoken languages in Hennepin County are available on the Website. The languages are English, Spanish, Hmong, and Somali. Mr. Cordoza noted another accomplishment from 2024 was redesigning the logo for the Parks and Recreation Department. He showed a chart of their established social media calendar, which is a recent internal development. The interaction rate has doubled from 2023 to 2024. He showed a table with 2024 social media metrics. The City's Facebook has grown by 267 percent in interaction rate. There are 593 followers with 225 new followers. The Facebook page for the Parks and Recreation Department has 2,036 followers and gained 369 followers in 2024. Mr. Cordoza explained the Communications Department oversees a Facebook page for the City, Fire Department, Liquor Stores, Parks and Recreation Department, and the Police Department. They oversee the Instagram accounts for the City, Liquor Stores, and Police Department. They oversee the X accounts for the City, Fire Department, Liquor Stores, and Police Department. Lastly, they oversee the City’s LinkedIn page. Mr. Cordoza added there are 4,904 GovDelivery subscribers. The engagement rate is 66 percent, and there were 602 new subscribers in 2024. There were 168 bulletins sent in 2024. He showed a list of materials published in 2024. Mr. Cordoza pointed out the 2025 priorities include internal SharePoint development, social media policy development, and presentation, combining recreation brochures and City newsletters to save money, redesigning the City website, and continuing to strengthen communications across diverse populations. Mr. Cordoza added the information on the County’s tree removal program on the website. They will highlight the opportunity once the applications are open again. Mr. Nyquist introduced IT Manager Kao Yang and invited him to present in the IT Division. Mr. Yang explained the IT Division provides technology solutions that are efficient, secure, and accessible, provides technical support for City employees and departments, secure and resilient network connectivity across City sites, provides high availability and redundancy for critical infrastructure, ensures consistent uptime for first responders, and handles cyber security and compliance. 2/24/25 -7- DRAFT Mr. Yang pointed out that in 2024, IT completed the switch to Microsoft 365 (M365) and Office 365. The transition allows for more email storage because everyone now has 100 GB of email space, easier file sharing, better security, extra protection like multi-factor authentication, lower IT costs, and more update opportunities. Mr. Yang added that M365 includes access to Microsoft Power Platform, Microsoft Bookings, Microsoft Forms, Microsoft Planner, and Microsoft Power Automate. Mr. Yang stated the Primary Rate Interface (PRI) was retired, and the City transitioned to the Session Initiation Protocol (SIP) in 2024. For many years, Brooklyn Center relied on PRI technology, introduced in the late 1980s, as the backbone of voice communications. The system supported the phone network and service provider connections. In 2024, 95 percent of the City’s phones were transitioned to PRI to SIP to improve efficiency and reliability. The upgrade has modernized the phone system while reducing phone service costs by 60 percent or more. Mr. Yang noted 2024 also included upgrades of the City Hall camera system as part of the public safety initiatives. Mr. Yang stated in 2025, there will be trainings for M365 and Office 365 applications. They plan to provide workshops and training resources for employees and to draft documents with Scribe tools to share with all employees. Mr. Yang pointed out the Division will also oversee a wireless migration. The total cost of ownership is reduced by shifting to a hosted solution. The migration will modernize wireless configurations and clean up any potential security issues. The migration will also secure the wireless network and meet standards required by many Federal agencies. City Clerk Barb Suciu explained the City Clerk’s Office oversees advisory Commissions, business licensing, City Charter, City Code, City Council support, data practices, elections, and records management. Ms. Suciu stated the 2024 advisory Commissions included the Charter Commission, Community Safety and Violence Prevention Commission, Cultural and Public Arts Commission, Financial Commission, Housing Commission, Parks and Recreation Commission, Planning Commission, and the Sister City Commission. The Community Safety and Violence Prevention Commission and Cultural and Public Arts Commission were new groups in 2024. Ms. Suciu stated in 2024, 99 licenses and permits were processed. There are 22 different license types offered by Brooklyn Center. 27 of the issued licenses were for liquor, 20 were for tobacco, and 17 were for special events. Ms. Suciu pointed out ten ordinances were codified in 2024. The City Clerk’s Office processed 92 agenda packets, 148 resolutions, and 92 sets of minutes. They also processed 89 data requests. 2/24/25 -8- DRAFT Ms. Suciu stated some legislative changes in 2024 included extending hours for in-person and absentee voting and the legalization of cannabis. Brooklyn Center held three elections in 2024. A total of 16,224 residents voted, and there were 97 election judges. Elections are the biggest responsibility of the City Clerk’s Office. Ms. Suciu stated the priorities for 2025 are creating a Commission packet to educate new Commissioners, developing a video to explain the business licensing process, documenting all processes and procedures with the new software Scribe, recodifying City Code to ensure they are updated, putting all contracts into the online database, and automating standard forms. Mr. Nyquist reiterated he has been in his role for just over one month. He has worked with Dr. Edwards to develop strategic priorities for 2025. First, he plans to build a system of process excellence within the Administration Department that can be modeled to the rest of the organization. They will define core functions, document the standard operating procedures that make up those functions, and clearly define ownership and accountability. Mr. Nyquist stated the second priority is to develop a system of measuring work and impact, beginning with the Administration Department. They will identify measures for success and track how much, how well, and who is better off by various Department efforts. Mr. Nyquist noted the third priority is to drive the execution of organizational strategic priorities. He hopes to establish government and accountability through leadership responsibilities, project management, and change management. They will also prioritize projects, establish a regular cadence of action plans, and focus on measuring impact and results. Mayor Pro Tem Kragness agreed with Mr. Nyquist’s support of standard operating procedure. The Council is excited to see the outcome of various metric measurements. Councilmember Jerzak requested the procedure to handle phishing emails be updated and provided to the Council. Councilmember Jerzak also requested invitations sent to the Council for ribbon cuttings or community meeting events. Mr. Nyquist stated he and his team look forward to making small changes that make life easier for Staff and Council. Councilmember Moore thanked Mr. Yang for his help with her onboarding. She stated the Department’s plan to determine core functions of various Divisions caught her off-guard. Dr. Edwards has focused on metrics for all Departments. Councilmember Moore stated Dr. Edwards has asked that all communication with Staff go through him. However, that request has hindered the Council from getting information in a timely function. Councilmember Moore asked how many Staff each of the directors have under them. She asked why it wasn’t involved in the presentation. Mr. Nyquist stated the organizational chart slide shows 2/24/25 -9- DRAFT all of the employees in the Department. One employee is part-time, which is also noted on the slide. 8. PUBLIC HEARINGS 8a. RESOLUTION ESTABLISHING 2025 ORGANICS RECYCLING RATES AND CHARGES City Manager Reggie Edwards introduced the item and invited Finance Director Angela Holm to make the Staff presentation. Finance Director Angela Holm explained organics recycling rates were discussed when utility rates were set in 2024. They planned to start the rates in April 2025. Ms. Holm pointed out the majority of her knowledge regarding organics recycling was learned in the last couple of weeks. Studies have shown that 20 to 40 percent of all household waste is compromised of food scraps and non-recyclable paper. Organics can be recycled into valuable soil amendment materials. It is similar to fertilizer but without the chemicals. Hennepin County requires cities to make curbside organics recycling available to single-family households and buildings with up to four units. Ms. Holm stated organics recycling is provided by individual trash haulers. Effective April 1, 2025, the pick-up service will be administered by the Hennepin Recycling Group. Brooklyn Center is a member of the group along with Crystal and New Hope. Billing will be administered by Brooklyn Center utility billing Staff. Ms. Holm noted the City needs to ensure contract costs for Hennepin Recycling Group are covered and maintain a modest cash reserve within the fund. The proposed rate increase is $2.90 per month per dwelling unit for curbside pick-up service. Since the City bills quarterly, the increase will be $8.70 per quarter. Ms. Holm explained the action of organics recycling is not required. However, residents cannot opt out of the payment. All residents help cover the cost of organics recycling to make it accessible to all households. Apartment residents are not included in the requirement, but they are encouraged to use other organics recycling options. Ms. Holm stated once 11 percent of residents have signed up for the service, the monthly charge will increase to $3.60. A provision authorizing the change is included in the proposed Resolution should that percentage be met in 2025. Ms. Holm showed a table with the rate summary for various utilities. The recycling and organics bill was $15.42 in 2024. In 2025, it was set for $24.84 initially. The proposed amendment would change the bill to $33.78 per quarter. 2/24/25 -10- DRAFT Ms. Holm added Staff is encouraging residents to visit the Hennepin Recycling Group website for more information and sign up for the service. They also suggest residents review trash hauler bills after April 1, 2025 to ensure the organics charge has been removed. The sooner folks sign up for the program, the sooner they will receive the container. Mayor Pro Tem Kragness noted residents need to contact their current haulers to cancel any current organics recycling services. The residents should wait to sign up for organics recycling until their current services end. Ms. Holm stated residents are on a number of schedules for utility billing. Because of that, the new charge for organics recycling may appear in different time segments. Residents may cancel their existing service at any time they would like. Mayor Pro Tem Kragness asked how residents would be notified of any rate increases. Ms. Holm stated they plan to collaborate with the Communications Division to explain the rate change to residents. Tim Pratt, representative of Hennepin Recycling Group, pointed out small organics recycling bins will be provided to program participants. They need to be lined with a compostable bag. The compostable bag can be thrown into the organics bin, which will be picked up weekly. As of that afternoon, just under 300 residents have signed up for the program. The 11 percent mark is around 2,000 participants. The contract is through 2027. Mr. Pratt encouraged residents to sign up for a bin sooner rather than later. Those who sign up before March 7, 2025, will receive a bin before April 2025. Current haulers will pick up their bins, so he doesn’t want anyone to be without a bin. Councilmember Moore noted the 11 percent mark is across all three participating cities rather than just Brooklyn Center. It should be clarified to residents. The estimate of 2,000 households across the cities meeting the 11 percent mark seems low. Mr. Pratt stated he would obtain the exact number and provide it to Council. Councilmember Moore pointed out that the utilities rates in Brooklyn Center have been increasing too much recently. Mr. Pratt stated the proposed increase for organics recycling is the lowest rate available in Hennepin County. Councilmember Jerzak requested information on purchasing and using the compostable bags be published on the City’s website. He added many carts are not being well cared for and turning into blight in the community. Mr. Pratt stated there is a Frequently Asked Question (FAQ) section on the Hennepin Recycling Group website. One FAQ is about purchasing the compostable bags. They are available at most retailers such as Menards, Target, Walmart, and the like. 2/24/25 -11 - DRAFT Mr. Pratt added some haulers deliberately don’t pick up bins when folks move out because when a new resident moves in, the new resident assumes they have to use the same hauler. Mayor Pro Tem Kragness reminded Councilmembers to address Ms. Holm with any questions. Councilmember Jerzak pointed out some people use plastic bags for organics recycling. There needs to be more education on organics recycling. Ms. Holm confirmed plastic bags are not appropriate for organics recycling. Unlined paper bags may work. Ms. Holm added there are 8,000 units the City bills for utilities. 11 percent of that is close to 800, so Mr. Pratt’s math was likely close to the 11 percent for the three participating cities. Mr. Pratt showed the pamphlet about organics recycling. It does address the types of bags to use. Recycling in all forms requires ongoing education. Councilmember Lawrence-Anderson asked how large the organics recycling container is. Mr. Pratt stated the standard size is 64 gallons. The smaller size is 32 gallons. The size information is included in the mailer. Councilmember Lawrence-Anderson stated garbage cans are supposed to be screened from the street. She asked if the ordinance needs to be revised in light of the additional pickup container. Councilmember Lawrence-Anderson asked if Mr. Pratt uses the plastic container in his home. Mr. Pratt stated he has a ceramic one, but many people use the plastic one. Councilmember Lawrence- Anderson asked if the container was animal-proof. Mr. Pratt noted the plastic one is intended for indoor use, but it does snap shut. Councilmember Jerzak suggested neighbors share organics recycling bins if they don’t produce many organics themselves. Councilmember Jerzak moved and Councilmember Moore seconded to open the Public Hearing. Motion passed unanimously. Diane S. noted her appreciation of the organics recycling efforts. She shares an organics recycling container with her neighbor. Residents need to be better educated on their options. She stated the organics recycling bins are lightweight and may be moved by the wind. Diane S. added there is a class folks can take to become Recycling Ambassadors. She requested a Recycling Ambassador be highlighted at a community event. Kevin S. stated the additional cost is government overreach. The topic is Pandora’s box. If the City doesn’t reach a certain percentage, then the State will bring the hammer down on Brooklyn Center. The bins and vehicles are costly. He asked where the materials would go. There could be disposal issues. He asked if they had to pay for the new bins. The bins are lightweight and will 2/24/25 -12- DRAFT be blowing all over the place. It is also unfair that multi-family homes aren’t subject to the same costs. As time goes on, the fee will go up to $40 or $50. The program could be a farce. Plastic recycling is unusable and dumped in poor countries. He asked if the organics recycling will be dumped off in poor countries. Mayor Pro Tem Kragness agreed the program should disclose a maximum fee. She noted she would like information on if the bins are free. Kevin S. noted residents may want to get smaller bins from their haulers. He suggested there be only one hauling service used. Councilmember Kragness moved and Councilmember Moore seconded to close the Public Hearing. Julie B. asked if she could comment. Her hand was raised on Zoom. Mayor Pro Tem Kragness stated the Public Hearing was already closed. Motion passed unanimously. Mayor Pro Tem Kragness moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2025-028 for 2025 Organics Recycling Rates and Charges. Councilmember Jerzak noted he only supports the program because it is a Hennepin County pass- through program. Councilmember Moore stated she knows it is mandated by Hennepin County, but the County didn’t consider the cost for residents. Mayor Pro Tem Kragness stated the rates are very low in comparison to other rates. Councilmembers Moore and Lawrence-Anderson voted against the same. Motion failed. Dr. Edwards stated Minnesota requires organics recycling. Mayor Pro Tem Kragness stated because the motion failed, the City will have to move forward with the more expensive rate through trash haulers. Ms. Holm stated Hennepin Recycling Group will bill the City starting in April 2025 because the contract is in place. The City will have to cover the contract with cash reserves. In 2026, they will have to determine the recycling rate based on the City’s expenses. Mayor Pro Tem Kragness stated the contract with Hennepin Recycling Group is through 2027. People are already complaining about utility rates, and they will increase significantly to rebuild the cash reserves. Ms. Holm confirmed the 2025 rates are already set. In 2026, they will have to determine the recycling rate based on the City’s expenses. 2/24/25 -13- DRAFT Mayor Pro Tem Kragness noted the water rate is already increasing significantly, and the recycling rate will increase as well because the rate change failed. Councilmember Moore stated she meant to vote in favor of the item because it is a Hennepin County program. She does not like when there is another body dictating what Brooklyn Center must do. City Attorney Siobhan Tolar stated the Council could vote to reconsider the item. Councilmember Lawrence-Anderson stated she supports composting. However, she would like to reconsider her vote because the financial implications were not shared with the Council. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to reconsider Resolution for 2025 Organics Recycling Rates and Charges. Councilmember Jerzak pointed out the item passes through Hennepin County. Councilmember Lawrence-Anderson asked if she should vote in favor of the item. Councilmember Moore stated the Council cannot tell her how to vote. Ms. Tolar explained the motion is to reconsider the rate change. Councilmember Moore noted the mandate was implemented by another body. Mayor Pro Tem Kragness reiterated the motion is only to reconsider the rate change. Motion passed unanimously. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION 2025-028 for 2025 Organics Recycling Rates and Charges. Councilmember Jerzak pointed out the item passes through Hennepin County. Motion passed unanimously. Mr. Pratt offered to return to a Council meeting to answer any questions they may have. Councilmember Lawrence-Anderson requested a business card be provided to interested parties in the audience. Dr. Edwards stated they would take the Council’s and the public’s questions about organics recycling, obtain answers from Mr. Pratt, and provide the information to the Council in the weekly update. 9. PLANNING COMMISSION ITEMS 2/24/25 -14- DRAFT 9a. RESOLUTION REGARDING THE RECOMMENDED APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2025-001 FOR AN APPROXIMATELY 8,910-SQUARE FOOT EXPANSION OF CAPI'S IMMIGRANT OPPORTUNITY CENTER, PRELIMINARY AND FINAL PLAT FOR CAPI USA ADDITION, AND ASSOCIATED VARIANCES (5930 AND 5950 BROOKLYN BOULEVARD) Dr. Edwards introduced the item and invited Planner and Zoning Administrator Ginny McIntosh. Ms. McIntosh showed photos of the site in question. She explained CAPI USA is requesting review and consideration of a proposal that would renovate the current CAPI headquarters, which are located in an approximately 10,688-square-foot building, and construct an approximately 8,910-square-foot, two-story expansion with certain site improvements for its new Immigrant Opportunity Center. Ms. McIntosh pointed out that the application request requires approval of an Ordinance amendment to change the maximum size of “non-residential” use to “retail use,” Preliminary and Final Plat for CAPI USA addition, a Site and Building Plan, and variances to allow for deviation from the maximum secondary frontage setback and a maximum 50 percent frontage requirement within ten feet of the property line. Ms. McIntosh noted CAPI’s desire to expand is a response to the rapid growth and community demand for their services. Their mission is to guide immigrants and refugees in their journey to self-determination and social equity through workforce development, food access, health and wellness programming, and economic empowerment services. Ms. McIntosh stated the applicant purchased the existing building and adjacent vacant lot, known as 5930 and 5950 Brooklyn Boulevard, in 2017. Following their purchase, CAPI USA underwent an interior renovation of the building, which was constructed in 1970, to accommodate a general remodel of the office space, installation of an elevator lift, minor work to the parking lot, and installation of a new fence and trash enclosure. Ms. McIntosh explained due to the requests submitted as part of Planning Commission Application No. 2025-001, a public hearing notice was published in the Brooklyn Center Sun Post on January 30, 2025. Mail notifications were sent to all physical addresses and taxpayer addresses located within 350 feet of the property, and a public hearing notice was published on the City website. Ms. McIntosh noted in reviewing requests for ordinance amendments, certain amendment criteria shall be considered as outlined under Section 35-71304. 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: whether there is a clear and public need or benefit, whether the proposed amendment is consistent with and compatible with surrounding land use classifications, whether all permitted uses in the proposed zoning district can be contemplated for development of the subject property, whether there have been substantial physical or zoning 2/24/25 -15- DRAFT classification changes in the area since the subject property was zoned, whether there is an evident, broad public purpose in the case of City-initiated rezoning proposals, whether the subject property will bear fully the UDO development restrictions for the proposed zoning districts, whether the subject property is generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography, or location, whether the rezoning will result in the expansion of a zoning district, warranted by comprehensive planning, the lack of developable land in the proposed zoning district, or the best interests of the community, and whether the proposal demonstrates merit beyond the interests of an owner or owners of an individual parcel. Ms. McIntosh added following discussions with Staff regarding the existing size of the building, the proposed uses, and requested building expansion, City Staff indicated the applicant would need to request an amendment to Chapter 35 as the maximum size of an individual non-residential use is 10,000 square feet in the Neighborhood Mixed Use District (MX-N2) and 7,500-square-feet in the Neighborhood Mixed-Use District (MXN1). Ms. McIntosh pointed out that the existing CAPI building at 5930 Brooklyn Boulevard already exceeds 10,000 square feet. The purpose of the MX-N2 District is to accommodate small-scale, mixed-use neighborhood activity centers with comfortable gathering places, that are located and scaled to provide minor or convenience services near low-density residential neighborhoods and avoid strip development patterns or the creation of destination retail or business uses serving beyond the immediate neighborhoods. Similarly, the MX-N1 District is to accommodate low- to medium-density residential and multi-family residential development with or without small-scale ground-floor non-residential uses. Ms. McIntosh explained, as proposed, that the applicant would be seeking text amendments to Chapter 35 that would amend the maximum size of an individual non-residential use to the maximum size of an individual retail use. The respective maximum size requirements of 10,000 square feet in the MX-N2 District and 7,500 square feet in the MX-N1 District would remain in place. The changes would require an amendment to Sections 35-2301, 35-2301, and 35-5100. She pointed out retail uses generate higher traffic volumes, which would impact nearby single-family neighborhoods. Ms. McIntosh stated the applicant intends to re-plat and consolidate the property from three parcels down to one. The northern parcel addressed as 5950 Brooklyn Boulevard and noted as Parcels 1 and 2 on the provided preliminary plat, is currently vacant. It is proposed for a combination with identified Parcel 3, addressed as 5930 Brooklyn Boulevard, and currently improved with an existing office building and site improvements. Ms. McIntosh noted the re-play would accommodate the building’s expansion while also working to meet the requirements of Section 35-8105. City Staff reached out to Hennepin County Transportation, and they didn’t have any major concerns. City Staff received preliminary comments prior to the Planning Commission meeting and a formal letter on February 14, 2024. Ms. McIntosh added the City Engineer reviewed the plats and provided a memorandum and a set of comments dated February 7, 2025. It was noted a ten-foot drainage and utility easement is 2/24/25 -16- DRAFT required for dedication around the entire perimeter of the property. Also, an existing drainage and utility easement requires vacation as part of the process to combine the three parcels into one. Ms. McIntosh stated that the property is currently limited to the single shared curb cut located off Brooklyn Boulevard. As proposed, the applicant is proposing a second curb cut off 60th Avenue North, which City Staff appreciates for the fact that the existing access of Brooklyn Boulevard is oftentimes congested and is in close proximity to the curb cut for Old National to the south. Ms. McIntosh noted the minimum parking space standards under Section 35-5504 for 90-degree, two-way parking is 8’8” wide by 18 feet deep, as measured with the curb overlay. As proposed, the existing parking lot appears to meet this requirement. The property currently provides 43 total parking spaces. As proposed, a total of 63 parking spaces would be provided, which includes 4 ADA stalls. Assuming the entirety of the building and expansion are calculated as “office,” a maximum of 59 parking spaces would be required. Ms. McIntosh pointed out the property is in a highly accessible area of Brooklyn Center, as it is located along Brooklyn Boulevard. A new sidewalk was recently installed on the east side of Brooklyn Boulevard as part of the Phase II Brooklyn Boulevard modernization project, and a multi-use trail on the west side. Ms. McIntosh noted there is an existing bus stop located towards the north end of the Subject Property that provides service for Route 723, and the Subject Property is a 0.5-mile walk from the Brooklyn Center Transit Center. As proposed, the Applicant intends to connect the main entrance to the sidewalk running along Brooklyn Boulevard and install bike racks with outdoor seating. Internally, the Applicant intends to run a sidewalk towards 60th Avenue North and along the dedicated community garden area. Ms. McIntosh stated the applicant proposes to shift an existing trash enclosure located on the east of the property to accommodate an expansion of the parking lot. Also, the new parking extension will be screened with juniper shrubs. Ms. McIntosh explained City Code requires the exterior wall finishes on any building to have no less than 60 percent face brick, natural or colored stone, pre-colored or factory stained or stained on-site textured pre-cast concrete panels, textured concrete block, stucco, glass, fiberglass, or similar materials. As proposed, the applicant intends to do minor exterior work to the existing, approximately 10,688-square-foot building. The applicant should revise their materials breakdown to incorporate the existing building, which appears to be predominantly comprised of brick and glazing. By incorporating the existing addition, City Staff anticipates the minimum materials requirements will be met. Ms. McIntosh noted Section 35-2302 requires each ground floor façade for a nonresidential use facing a public right-of-way to have transparent windows or other transparent glazed areas covering at least 50 percent of the ground floor façade area between three and eight feet above sidewalk grade. Required glazed areas shall have a visible light transmittance ratio of 0.6 or higher, and shall not include reflective, heavily tinted, or black glass windows. 2/24/25 -17- DRAFT Ms. McIntosh added the plans note approximately 340 square feet of window along the west and south elevations, for a total of 46.5 percent. An additional 25 square feet would meet the minimum required 50 percent of glazing or windows for the ground floor façade. City Staff requests the applicant revise the plans to account for the glazing on the north elevation of the new addition as it too is facing public right-of-way. The maximum allowable height in the MX-N2 District is 48 feet. As proposed, the two-story addition would be approximately 24.25 feet to the roof deck. Ms. McIntosh stated a photometric plan was submitted with the application submittal; however, the provided photometric plan does not include the southernmost existing parking lot and building into its scope to determine whether it meets the code provisions as outlined under Section 35-5400. Additionally, the wall-packs located on the existing building do not conform to City Code requirements and are only permitted in loading and service areas. City Staff requests the provided photometric plan be revised to incorporate the entirety of the site and include the existing and proposed building and parking lot areas. Ms. McIntosh noted the applicant will need to revise the illumination levels along the proposed parking lot extension to meet the minimum and maximum site lighting levels of 0.2 foot-candles to 4 foot-candles for open-air parking lots, and a maximum uniformity ratio of 20:1. The applicant should look for options to create more consistent lighting along the private sidewalk extension running north to 60th Avenue North as there appears to be significant drops in illumination between the light poles. The new main entry and northeast doors to the new building addition appear to meet the minimum 10-foot-candle requirements for primary building entrances and exits; however, the Applicant should revise the north door to meet the minimum foot-candle requirements. Ms. McIntosh pointed out that the applicant intends to reserve a significant portion of the north site for a dedicated community garden with water connections, and a place for a future greenhouse. City Staff discussed the greenhouse, and assuming the intended operations of the community garden and greenhouse are not of a commercial nature, the greenhouse would likely be considered an “accessory structure.” An inventory of existing plantings identifies 17 plantings on the property. Of these, four are scheduled for removal as they are located in proximity to where the new addition would be constructed. Despite this, a line of mature trees located along the southern property line would remain and a few located on the north and east ends of the property. Ms. McIntosh stated the applicant also proposes a dedicated landscape courtyard with pedestrian- level lighting and a cistern located on the north side of the existing building. As currently proposed, this community garden area would be fenced. The site furnishings plan identifies areas for seating. Ms. McIntosh noted City Engineering's comments include sheet-by-sheet responses on the provided plan set, platting requirements, and general requirements, including the necessity of an NPDES permit and easement vacation, and construction and easement agreements pending approval of the project by City Council. 2/24/25 -18- DRAFT Ms. McIntosh added Building Official Dan Grinsteinner conducted a cursory review of the proposal. Ultimately, building plans are subject to review and approval by the Building Official with respect to applicable codes and prior to the issuance of permits; however, it was noted that a fire sprinkler and monitoring system is required for installation throughout the building and is to be maintained at all times. Plans shall detail the locations and access points for any fire sprinkler room or wall connections. The proposed new elevator will require approval from the State. Ms. McIntosh stated the applicant will also need to meet any minimum ADA requirements with regard to the building and site improvements, and prior to issuance of any building permits, a SAC (Sewer Availability Charge) determination shall be submitted to the Metropolitan Council and any associated fees paid at the time of permit issuance. The applicant will need to coordinate with the Hennepin County Health Department for any approvals for the food shelf and kitchen areas. Ms. McIntosh pointed out there are two variance requests. First off, the applicant is requesting a variance for the building and site design. City Code requires that at least 50 percent of the first floor of the front façade of each primary building be located no more than ten feet from the front lot line. The section of Brooklyn Boulevard in front of the building was recently redone. There are new sidewalks and many utility lines. The variance is for a six-foot deviation which would allow the building to be as close as possible to the front lot line. Ms. McIntosh explained the second variance request is regarding dimensional standards. The MX- N2 District where the property is located requires buildings to be located a minimum of five feet and a maximum of 20 feet from the primary and secondary street frontages, with a remaining minimum of 10-foot setbacks for the side interior and rear property lines. As proposed, the proposed expansion would be approximately 120 feet from the secondary build-to setback. The City is requiring them to consolidate their property into one. The City would then need to allow a very large building to meet the Code requirements. Ms. McIntosh explained a variance needs to be in harmony with the general purposes and intent of the UDO and is consistent with the Comprehensive Plan. Additional requirements to approve a variance are that the property owner must propose to use the property in a reasonable manner, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance will not alter the essential character of the locality. Ms. McIntosh stated a public hearing was held at the Planning Commission meeting on February 13, 2025, and two members of the public were in attendance, with a third online. One resident expressed support for the proposed expansion, and CAPI's commitment to the community's diversity, cultural appreciation, and immigrant services. Although no formal comment was submitted, City Staff received one question earlier that day regarding potential sight obstructions of Brooklyn Boulevard from a neighboring resident who was in receipt of the public hearing notice. In reviewing their property location, City Staff did not foresee there being any sight obstructions as they were located near the north end of the property. Ms. McIntosh noted a resident inquired on whether the City of Brooklyn Center provided direct funding to Applicant CAPI USA. Although not within the purview of the Planning Commission's 2/24/25 -19- DRAFT scope of duties, the applicant and City Staff confirmed the City does not provide funding to CAPI. As has been done with other project proposals, the City has previously provided CAPI municipal support with grant applications and resolutions of support letters. Ms. McIntosh stated the Commissioners engaged in a discussion surrounding various aspects of the expansion, including: parking needs, snow removal, screening, potential farmers' market operations, and their capital campaign. CAPI’s Director of Finance and Operations, David Monterrosa, and project Architect, Wale Falade, were available at the meeting to answer questions about the project and CAPI's operations Ms. McIntosh noted there were additional questions around CAPI’s capital campaign, potential farmers’ market operations and outdoor events, potential users of two tenant spaces proposed with the expansion, community garden space, and food shelf operations. Ms. McIntosh explained the Planning Commission unanimously (4-0) recommended Council approve the application. Mayor Pro Tem Kragness asked if the engineering comments had been addressed. Ms. McIntosh stated the engineering comments are detailed in the packet. There is one outstanding item regarding the property lines. The County provided some clarity on the lines, which will help to resolve the issue. The County is open to Brooklyn Center cleaning up the property and the fee title issue. Councilmember Jerzak noted the packet states Staff recommended the Planning Commission recommend approval of the application by the Council. He asked for clarification. Ms. McIntosh explained she is hesitant to issue variances. However, the scenario is unique and at no fault of the applicant. Councilmember Jerzak asked if approving the variance would set a precedent for future projects. Ms. McIntosh confirmed the circumstances of the property are very unique. City Attorney Siobhan Tolar noted the City has to follow the law when a variance is requested. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to approve Planning Commission Application No. 2025-001 for an approximately 8,910-square foot expansion of CAPI's Immigrant Opportunity Center and related site improvements, a preliminary and final plat for CAPI USA Addition, and associated variances. Motion passed unanimously. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to approve the first reading of an ordinance amending Sections 35-2301, 35- 2302, and 35-5100 of the City Code of Ordinances regarding the maximum size of individual non-residential use in the MX-N1 and MX-N2 (Neighborhood Mixed-Use) zoning districts to the maximum size of individual retail use 2/24/25 -20- DRAFT in the MX-N1 and MX-N2 (Neighborhood Mixed-Use) zoning districts, and set the second reading for March 10, 2025. Motion passed unanimously. SUSPENSION OF ADJOURNMENT RULES Mayor Pro Tem Kragness asked if the Council would consider extending the meeting to 9:30 p.m. There was no objection from the Council. Councilmember Jerzak requested Council Consideration Item 10b. Discussion of Resolution 2024- 138; Resolution Establishing the Brooklyn Center Community Safety and Violence Prevention Commission and Defining Duties and Responsibilities, be put on the next meeting’s Consent Agenda. Dr. Edwards stated the item has already been moved from the Study Session to a Council Consideration Item. It should only take a moment of discussion to agree to the request. 10. COUNCIL CONSIDERATION ITEMS 10a. COMMISSION APPOINTMENTS Mayor Pro Tem Kragness pointed out that the appointments to the Cultural and Public Arts Commission are being pushed to a future meeting. The item was discussed during the Study Session. To the Sister City Commission, Nahid Khan, Jacob Saffert, Eramus Williams, Tashawna Williams, and Famatta Zeon. To the Financial Commission, Mayor Graves recommended Janice Brandt be appointed. To the Housing Commission, Mayor Graves recommended Jamal Said and Landen Straub be appointed. Councilmember Moore explained she had requested the appointments to the Cultural Public Arts Commission because of newer applications on top of a lack of clarity on the initial application process. Councilmember Moore moved and Mayor Pro Tem Kragness seconded to ratify the Mayoral appointments to City Advisory Commissions for the Sister City Commission, Financial Commission, and the Housing Commission. Motion passed unanimously. 10b. DISCUSSION OF RESOLUTION 2024-138; RESOLUTION ESTABLISHING THE BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES Councilmember Jerzak moved and Mayor Pro Tem Kragness seconded to move the consideration and vote on Resolution 2024-138 to the next meeting. 2/24/25 -21- DRAFT Motion passed unanimously. Councilmember Lawrence-Anderson pointed out there was a discussion of extending the freeze on Resolution 2024-138. Ms. Tolar stated they would need to reconsider the motion to extend the freeze. Councilmember Moore moved and Councilmember Jerzak seconded to reconsider Council Consideration Item 10b. Discussion of Resolution 2024-138; Resolution Establishing the Brooklyn Center Community Safety and Violence Prevention Commission and Defining Duties and Responsibilities. Motion passed unanimously. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to table the discussion of Resolution 2024-138 until the next Council meeting and extend the implementation of the Commission to a future date. Motion passed unanimously. Dr. Edwards asked if the item should be put on the Study Session or the Regular Session item. The Study Session would allow for discussion while a Council Consideration Item in the Regular Session would intend for the item to be voted on. Mayor Pro Tem Kragness stated the Council needed more time to discuss the item. Councilmember Moore stated the Council doesn’t need more time to discuss the item. Councilmember Jerzak stated there is time for discussion during Council Consideration Items. He asked if the item needs to have a new motion. Dr. Edwards stated Council Consideration Items are typically intended for voting. 11. COUNCIL REPORT It was the consensus of the Council to skip 11. Council Report in consideration of the time. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Moore seconded adjournment of the City Council meeting at 9:06 p.m. Motion passed unanimously.