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HomeMy WebLinkAbout2025.07.14 CCM REGULAR7/14/25 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 14, 2025 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 7:00 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Dan Jerzak, Kris Lawrence-Anderson, and Laurie Ann Moore. Also present were City Manager Reggie Edwards, City Planner Krystin Eldridge, Interim City Clerk Shannon Pettit, and City Attorney Siobhan Tolar. Councilmember Teneshia Kragness was absent. 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. Syed H. stated he was there representing ownership of the Baymont Inn. Mayor Graves said the Council cannot address items that are on the agenda. Councilmember Moore noted that Syed H. was from Baymont. Mayor Graves apologized and told Syed H. to continue. Syed H. appreciated all the dialogue that he has been having with the Council, and he is working towards restoring the license for the Baymont Inn. An exhaustive list was provided to Baymont to restore the license. Syed H. wanted to bring to the Council's attention that he has completed the list that the City asked him to and is in the final phase of the work required. Syed H. wanted to bring it to the Council's attention that he has been cooperating with the requirements given to him and the City. Syed H. stated that as he looks forward to getting to the Baymont Inn reinstated, hopefully tomorrow, he wanted to assure the Council of his continued cooperation and partnership with the City. Syed H. thanked the Council for the support, as well as Dr. Edwards and City Clerk 7/14/25 -2- Shannon Pettit for all their help. Syed H. invited the Council to come and look at the property once it has reopened to show the Council the improvements that have been made. Mayor Graves thanked Syed H. and said she would take him up on the invite to the Baymont. She did see the email inviting her to check out the property; she just has not had the time to respond. Syed H. said that whenever the Council has time, he wants to be transparent and show them his commitment. Syed H. noted that the timely reopening of the Baymont is important not just to him but to all of the employees as well, so with the help of the City, he is looking forward to getting beyond that and starting the next chapter. Councilmember Jerzak asked for Syed’s name again. Syed H. spelled his name for the Council and thanked the Council again. Dr. Edwards said online that there is difficulty with the sound, and people are not able to call in. Mayor Graves said that was good to know, but disappointing, and hopefully that will get figured out before the next meeting. Dr. Edwards said the Council should give it a shot and see if people are able to call in and if the sound works. Mayor Graves told Julie B. online to go ahead and see if the Council could hear her speak. Mayor Graves stated that, apparently, there is still an issue as there is no sound, and they cannot hear Julie B. Mayor Graves said City Staff will try to get that addressed and figure out what the bugs are, and asked City Staff to send a message apologizing to people online for the technical difficulties. Sound was restored, and Julie B. can be heard. Julie B. asked if anyone could give her a thumbs up if she could be heard, because she could not hear herself. Someone in the audience gave her a thumbs-up. Julie B. thanked the Council for the opportunity to speak. She missed the discussion that had happened previously because she was not able to hear it, but she wanted to comment on concerns about the budget. Some of the language used around the decisions made regarding the budget. Julie B. stated it is frustrating as a community member not to have explanations for decisions being made regarding budgeting, and the decision about Liquor Store #2. Julie B. said the language calling things fluff pieces is really disparaging to some of the City's Staff who are involved in those projects. She continued that she thinks there is a lack of insight into the impact of labeling things as fluff, and there has not been a lot of clarification from Councilmembers on what they meant by that, but from things that have been discussed by Councilmembers, Julie B. can put two and two together. Julie B. stated she hopes there is more mindfulness moving forward, looking at the impact of some of the projects being mislabeled and the impact of language on the community. Julie B. thanked the Council for their time. 7/14/25 -3- Mayor Graves thanked Julie B. Naheed called in, but could not be heard. No one else wished to speak. Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to close the Informal Open Forum at 7:09 p.m. Motion passed unanimously. 5. INVOCATION Mayor Graves shared a poem that she wrote in May of 2025 and presented at the Rise and Remember Event at George Floyd Square called "In Their Steps." “Breathe in deep the air our ancestors shaped. Winds that carried voices raised, whispers of struggle, echoes of fight, woven through time both day and night. They tried to bend us, knowing we’ll never break. The situation suspect, the motives opaque. Yet through the mist, truth remains steady as fire, bold as flames. Walk steady where they once stood, feet pressed firm and soiled in wood. Marching hearts, relentless strides, bearing hope where fear resides. Much as we long for a moment’s reprieve, when the distressed call sounds, we must believe. This moment, asking what we’re truly about. Faith in our roots or tangled in doubt. We breathe for those stripped of their air, stolen by hatred or lost to despair. Whose cries were drowned in passages deep or silenced where sirens sweep. For those chained beneath the stolen sky, torn from home with no goodbye, cast adrift on waves of grief, their names unspoken, their pain unleashed. For those struck down in flashing light, their bodies broken, stolen rights. No crime but life, no sin but skin, lost to hands that won't rescind. For lands erased, for voices lost, for history's silence, for lives that paid the cost. Colonial hands that stole and bled. Genocide's shadow where ancestors tread. Their hands built fire, their words broke chains. They bore the wounds, they spoke the names. They stood when silence crushed the meek. They fought so we could dare to speak. Ordained to obtain true freedom’s light, determined to dream turns to sight. Too long a fallacy forged in greed, a false success that lets egos feed. Justice is built on many hands, protest in streets where courage stands. Policy drafted, systems redesigned, breaking the cycle long enshrined. This time to care, to heal the pain, to hold each other through the rain. For rest is fuel, and love is might. Both beating hearts still poised to fight. We rise and remember. Honor the past. Our struggles united, bound to last. From different moons, yet one refrain, resistance burning through the pain. So breathe now, deep and strong. Let the rhythm push us on. Step by step, breath by breath, we rise, we carry defying death. The journey stretches, but we endure, voices rising, hearts made sure. Bound by history, lit by grace, standing tall in sacred space. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the minutes as stated during the 7/14/25 -4- Study Session, adding the Permitted Districts For Commercial Animal Establishments discussion, and moving the Strategic Planning Update And Reporting to the July 28 regular session, to the Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 23, 2025 – Study Session 2. June 23, 2025 – Regular Session 6b. LICENSES AMUSEMENT DEVICES Empire Foods 1200 Shingle Creek Crossing Sun Foods 6350 Brooklyn Boulevard MECHANICAL Endless Quality and Comfort 1010 Newton Avenue N, Minneapolis 55411 Marsh Heating & A/C 6248 Lakeland Avenue N, Brooklyn Park 55428 Mespo Heating & Cooling Inc. 1904 Glenwood Avenue N, Minneapolis 55443 Owens Companies, Inc. 500 West 92nd Street, Bloomington 55420 PB Services LLC 9410 Bataan Street NE, Blaine 55449 Perfection Heating & Air 1770 Gervais Avenue, Maplewood 55109 Veteran Mechanical 3751 200th Street E, Prior Lake 55372 RENTAL INITIAL (TYPE III – one-year license) 5116 Ewing Avenue N J Sedlezky & A Faschingbauer INITIAL (TYPE I – three-year license) 7145 Unity Avenue N Rodolfo Arturo Trijillo RENEWAL (TYPE IV – 6-month license) 7/14/25 -5- 6740 Grimes Place Victoria Townhouses 1 5306 Knox Avenue N Antonio Vizcarra-moreno 5556 Emerson Avenue N Thomas D Belting RENEWAL (TYPE III – one-year license) 4207 Lakeside Ave N, #236 Judith C Spanberger RENEWAL (TYPE II – two-year license) 6125 Lilac Drive N Lanel Crossings Ltd Ptnrshp RENEWAL (TYPE I – three-year license) 5401 63rd Avenue N Ayodeji Gbayisomore 4214 Lakeside Avenue J E Shoultz & G R Shoultz 4291 Lakeside Avenue N, #111 Yohannes Seyoum 4207 Lakeside Avenue N, #320 H Pollinger & L Pollinger Tr 1325 68th La N Roth Wagner 2 Llc 2006 55th Avenue N Pedram Nastaean 3519 53rd Place N Jewel Johnson 3906 61st Avenue N Zinfandel Properties LLC 3912 58th Avenue N Prosperous Property LLC 4707 Eleanor La Cosco Property 4 Llc 5260 Twin Lake Boulevard E HERON VERDE LLC 5418 70th Cir Jazz Properties MN LLC 5827 Ewing Avenue N J C Quito-villa Et Al 6336 Fremont Avenue N Xample Renovations Llc 6628 Camden Dr Wells Bovard 7085 Unity Avenue N I-chang Wen & Yanhua Sun 7024 Oliver Circle JULIANA KOE 7/14/25 -6- SIGNHANGER BMS Signs & Printing 3125 84th Lane NE, Blaine 55421 6c. RESOLUTION 2025-66 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2023-10, I694/DUPONT AVE WATER MAIN CROSSING REPLACEMENT PROJECT 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. MINNESOTA RECREATION AND PARKS ASSOCIATION AWARDS OF EXCELLENCE PRESENTATION Dr. Edwards explained that there are two awards, a statewide award with two distinguished programs within Brooklyn Center that were recognized. Dr. Edwards introduced Carrie Anderson from the Minnesota Recreation and Park Association (MRPA) Awards Committee to present the awards. Dr. Edwards said he would like to honor Charles Gray, the Recreation Coordinator for the local food purchase, and Patrick Reese, the Recreation Manager for Yoga For All. After the awards are presented, Dr. Edwards asked if a picture could be taken of the Council, Ms. Anderson, and City Staff. Ms. Anderson stated she was there to present two awards to the City of Brooklyn Center for the 2024 Award of Excellence Program. Ms. Anderson gave a brief overview of MRPA and said it was formed in 1937 to foster the growth and development of the Parks and Recreation profession throughout the state of Minnesota. Currently, there are around 850 professional corporate board commission student and retiree members throughout the state. Members of the MRPA come from municipal, county, state, district, commercial, and private agencies. The award of Excellence is an annual program of the MRPA that was solely created to recognize agencies and their Staff and was either implemented in 2024 or received substantial revisions in 2024. The MRPA members may nominate a project for an Award of Excellence in seven different categories. Nominations are received, reviewed, evaluated, and scored by Awards Committee members; only the top- scoring nominations are selected to receive an Award of Excellence. Ms. Anderson presented an Excellence Award in the category of Sponsorship and Partnership for the project called Harvest For All, which is a local food purchase assistance program that distributes produce. This program partnered with a local food purchase assistance grant through Hennepin County to address nutrition and food insecurities in Brooklyn Center by distributing locally grown vegetables from Black, Indigenous, People of Color (BIPOC) Farmers to community members at no cost. The program aimed to help local farmers by purchasing directly from them. The program also aimed at accessibility, ensuring distribution occurred at flexible times and locations to accommodate varying schedules and transportation limitations within the community. For its ability to improve health outcomes, foster community resilience, and serve as a model of equity and sustainability, this program is designated as an MRPA Award of Excellence recipient. 7/14/25 -7- Ms. Anderson said the next award is also in the category of Sponsorship and Partnership for the project called Yoga For All. This program set out to remove barriers to make yoga more accessible for the Brooklyn Center community. Partnering with the Brooklyn Center Community Center, The Yoga Sanctuary, and CAPI USA, the initiative recruited and trained local instructors by making training accessible and relevant to immigrants and BIPOC community members. With CAPI USA's partnership and grant funding, the classes could remain free, reducing barriers. Yoga For All provides a connection to mental and physical health and community connection while providing opportunities to those who historically did not have access to yoga. Ms. Anderson stated on behalf of the MRPA Award Committee that it is her pleasure to present two awards to the City of Brooklyn Center for its winning projects, Harvest For All and Yoga For All. Ms. Anderson stated the MRPA Award Committee would also like to recognize Charlie Gray and Patrick Reese, who nominated these projects for the Award of Excellence. Ms. Anderson congratulated Brooklyn Center on their awards. Mayor Graves stated that the City Staff did an excellent job, congratulated them on the awards, and noted how beneficial both programs are to the community. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to accept the presentation of the Minnesota Recreation and Parks Association Award of Excellence. Motion passed unanimously. 7b. PROCLAMATION ACKNOWLEDGING AND PROCLAIMING JULY AS “PARK AND RECREATION MONTH” Mayor Graves read in full a Proclamation recognizing July 2025 as Park and Recreation Month. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to adopt a PROCLAMATION Recognizing July 2025 as Park and Recreation Month. Motion passed unanimously. 8. PUBLIC HEARINGS Mayor Graves stated they would prepare to go into closed session after the City Attorney provides a brief factual basis. Mayor Graves will entertain a motion to close this portion of the meeting for the discussion, litigation, and potential settlement options. City Attorney Siobhan Tolar stated that the open meeting law allows City Councils to enter into closed sessions for attorney-client privileged meetings. The City has received notice of a court filing at the Minnesota Court of Appeals by BC Seva LLC, Suburban Studio, and Care Chexx. Ms. Tolar stated that, for brevity, they should be addressed as Suburban Studios. Suburban Studios' appeal alleges that the City's decision to revoke Suburban Studios' Hospitality Accommodation License was arbitrary and capricious and not based on substantial evidence. 7/14/25 -8- Suburban Studios also submitted a proposal for resolution to the City late last week. Ms. Tolar continued that the City takes these actions seriously and that the situation requires a candid and open discussion between the City Council and the City Attorney without the presence of potential litigants. For those reasons, the purpose is served by the attorney-client privilege against those served, whereas the open meeting law dictates the need for absolute confidentiality. The closed session will be limited to the scope of the litigation and the potential resolution. Ms. Tolar noted that the Council needed to make a motion to go into closed session, as stated on the agenda. Mayor Graves moved and Councilmember Moore seconded to go into closed session pursuant to Minnesota statute Section 13D.05, subdivision 3B for an attorney-client protected discussion with the City’s Attorney regarding litigation and potential settlement options from BC Seva LLC, Suburban Studios regarding Hospitality Accommodation License Revocation. Motion passed unanimously. CLOSED SESSION - PURSUANT TO M.S. 13D, SUBD. 3.C.3. Mayor Graves moved and Councilmember Moore seconded to reopen the meeting Motion passed unanimously. 8a. CONSIDERATION OF SUBURBAN STUDIOS STAY OF HOSPITALITY ACCOMMODATION LICENSE REVOCATION REQUEST PURSUANT TO MINN. R. CIV. APP. P. 108.02 AND 115.03. Mayor Graves explained that the Council had gone into a closed session to discuss a possible settlement with Suburban Studios but would now be discussing this agenda item. This item is on the agenda to consider requests from Suburban Studios to stay Revocation of their Hospitality Accommodation License. Mayor Graves stated that at this time, City Staff or the City Attorney will make remarks related to the request for a stay of Revocation. Dr. Edwards introduced City Attorney Siobhan Tolar to present this item. Ms. Tolar stated that right now, the Council is considering Suburban Studios' stay of Hospitality Accommodation License Revocation request. Ms. Tolar continued by providing some background on the situation. On June 23, 2025, the City Council revoked the Hospitality Accommodation License for BC Seva, LLC, dba Suburban Studios, based on violations of Sections 23-2402(C) and 23-2413(A)(6) of the Brooklyn Center Hospitality Accommodation Ordinance. License revocation was delayed 21 days to allow for current occupants of the facility to vacate the premises. Revocation is set to become effective July 14, 2025. On July 2, 2025, Suburban Studios requested a Stay of Revocation pursuant to Minnesota Rules of Appellate Procedures Rules 115.03 Subd. 2(b) and 108.02. The request specifics were that the City's Revocation of the hotel license by stayed and not enforced in its entirety pending a final judicial determination regarding the legality 7/14/25 -9- of the Revocation, or that the City's Revocation of the hotel license be stayed and not enforced for all hotel services exclusive of recuperative care, which will remain in effect pending a final judicial determination regarding the legality of the Revocation, and no bond or security as the rules require. An additional request was submitted that if the City decides to deny stay of Revocation, Suburban Studios would like a week extension for the effective date of Revocation, the new effective date would be July 21, 2025. Ms. Tolar explained the Council's actions for either denying the stay of revocation request or granting a stay of Revocation. She explained the legal standard for licensing decisions and noted, "When local governmental units exercise their licensing authority, they must determine whether continued operations will be ‘detrimental to the public good.’” She noted that in addition, “when determining whether or not to grant a stay pending appeal, the governmental unit must balance the appealing party’s interest (in this case, Suburban Studios interest) in preserving the status quo, so that effective relief will be available if the appeal succeeds, against the interests of the public (the City) or the prevailing party in enforcing the decision and ensuring that they remain ‘secure in victory’ while the appeal is pending.” Ms. Tolar explained that these quotes are from case laws notated in the slide presented to the Council. Ms. Tolar explained the Staff recommendation is for Council to grant Stay of Revocation exclusive of any Recuperative Care operations, with no bond, for the following reasons: if the City were to allow Suburban Studios to continue operations solely as a Hospitality Accommodation without the Recuperative Care Facility/Operations, the City would be in fundamentally the same position it was prior to the change in use of the establishment. It serves the City's purpose of maintaining functional hotels within its borders. Supports adherence to the City's ordinances (specifically the Hospitality Accommodation Ordinance). Waiver of the bond or other security would result in minimal financial loss to the City if the Revocation were to take effect. Suburban Studios could lose revenue for the duration of time it took to conclude the appeal. Ms. Tolar stated that Staff also recommends a grant of Stay of Revocation exclusive of Recuperative Care with the following conditions: Suburban Studios et al. (BC Seva, LLC, Care Chexx) must continue to pay lodging taxes and all utilities, and abide by all City, state, and federal laws. Suburban Studios must abide by their level 1 Hospitality License requirements and any other requirements outlined in Section 23-2400 of the Brooklyn Center City Code, including 23-2402(C) defining hospitality accommodations as “facilities or places offering six or more lodging units to guests for periods of less than 30 days.” Ms. Tolar noted that Staff wanted it to be reiterated that all stays must be less than 30 days. Suburban Studios must submit to unannounced inspections of the entire premises at the City’s discretion. The Stay of Revocation and terms/conditions must be reduced to writing and filed with the Court. Any violation of the agreement on the part of Suburban Studios will result in an automatic and immediate revocation of the Hospitality License. Upon that occurrence, the City will initiate closure of the building, and all guests must immediately vacate the premises. Ms. Tolar noted the requested Council action with the motion language on the slide presented to the Council, but she stated that before making the motion, Suburban Studios wanted to speak to 7/14/25 -10- the Council. She noted that the Council can come back to the requested Council action, whether it was to stay the revocation request or deny the revocation request. Mayor Graves thanked Ms. Tolar for the presentation and asked if Suburban Studios or their legal counsel wanted to make a statement to the Council. Attorney Catherine Cochran spoke on behalf of her clients, BC Seva LLC, and Care Chexx, the landowner and the care provider. Ms. Cochran stated that the Revocation of the Hospitality License goes into effect today, July 14, 2025, and Ms. Cochran's office sent a letter on July 2, requesting that the Revocation be stayed during the pendency of the case, pending at the Court of appeals. She stated she would not go over all the points in the letter sent on July 2, but that the Council and City Staff already had a good summary and did not want to waste the Council's time. Ms. Cochran wanted to cover a few points that have happened since that letter was sent on July 2. First, as a direct result of the Revocation, the Department of Human Services (DHS) has informed Care Chexx that it is no longer on active status because DHS “received notice from a local government that the facility is not eligible to provide” Recuperative Care services at the facility. If the stay is granted, DHS has indicated it will reinstate Care Chexx as a provider of Recuperative Care services. If Care Chexx is unable to operate for an extended period of time, for example, a period of six months, it will turn away approximately 180 persons needing Recuperative Care services. Ms. Cochran noted that some of those persons might not have another place to go, due to limited availability of other providers in the area; therefore, those persons may not receive care at all. Ms. Cochran also noted that the economic impact of denying a Stay of Revocation would be severe for both of her clients. This would result in dozens of hotel staff losing their jobs, and may result in the permanent closure of the hotel operations. Care Chexx has already furloughed over 30 employees as of today’s date. Ms. Cochran stated that since she has already requested a stay for her clients, her request now is for the Council to weigh the appealing party’s interest against the public interest and that of the City. She explained that the balance of interest was heavily in favor of granting her request for a stay, as it would benefit not only her clients but also the communities that her clients both serve. Ms. Cochran stated that for the reasons she stated, she would like to request the Council vote to stay the Revocation of the Hospitality License in full during the pendency of the appeal. She thanked the Council for their time. Mayor Graves asked if the Council had any follow-up questions for Ms. Cochran. Councilmember Moore asked Dr. Edwards about the Staff's recommendation to stay the Revocation of the Hospitality Accommodation License and if that would mean Suburban Studios would not be able to continue to be a Recuperative Care facility because it is against Brooklyn Center's zoning. Dr. Edwards confirmed that is correct. Councilmember Moore asked if the Council made a motion to stay the Revocation; no matter what Ms. Cochran said about DHS, it was not affected by the Council’s decision. Ms. Tolar stated she would like to help frame the decision for the Council. Ms. Tolar stated that the Council is hearing Suburban Studios' requests, but the Council is not obligated to grant those 7/14/25 -11- requests. The Council is considering, from a City Staff standpoint, the reinstatement of the Hospitality Accommodation license exclusive of Recuperative Care based on the licensing violation. The Council thanked Ms. Tolar for the clarification. Mayor Graves asked if any other Councilmembers had questions. Councilmember Moore moved and Councilmember Jerzak seconded to Stay the Suburban Studios Hospitality Accommodation License Revocation as it pertains to the operation of a Hospitality Accommodation exclusively without a security bond pending appeal of the license revocation and the underlying zoning determination, and pending Suburban Studios strict compliance with the following terms of the Stay of License Revocation: 1. BC Seva LLC, Suburban Studios, Care Chexx or any other company may not operate a Recuperative Care facility or provide Recuperative Care as defined in Minnesota statutes 256B.0701, or provide anything resembling care services at 270101 Freeway Boulevard. 2. Suburban Studios et al. must continue to pay lodging taxes and all utilities and abide by all City, state, and federal laws. 3. Suburban Studios et al. must abide by their level one Hospitality License requirements and any other requirements outlined in section 23-2400 of the Brooklyn Center City Code, including 23-2402(C) defining Hospitality Accommodations as facilities or places offering six or more lodging units to guests for periods of less than 30 days. 4. Suburban Studios et al. must submit to unannounced inspections of the entire premises at the City's discretion. 5. The Stay of Revocation and terms and conditions there too must be reduced to writing, signed by the parties, and filed with the Court. Any violation of the agreement on the part of Suburban Studios et al. will result in automatic and immediate Revocation of the Hospitality and Accommodation license. At that time, the City will initiate closure of the building, and all guests must immediately vacate the premises. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 10. COUNCIL CONSIDERATION ITEMS 10a. ORDINANCE 2025-07 ESTABLISHING CHAPTER 23-2750 IN THE BROOKLYN CENTER CITY CODE OF ORDINANCES TO REGULATE TEMPORARY CANNABIS EVENTS (FIRST READING) Dr. Edwards introduced City Clerk Shannon Pettit, supported by City Attorney Siobhan Tolar, to present this item to the Council. Ms. Pettit stated this was the first reading of the ordinance amendment to Chapter 23-2750 of the City code to regulate the temporary cannabis events. Ms. Pettit shared some background on the ordinance amendment. The state established the Office of Cannabis Management (OCM) to create 7/14/25 -12- statutes and licensing processes. The OCM released the Local Guide for Adult-Use Cannabis in August 2024 and held the Licensing Lottery on June 5 for social equity and general applicants. City Council approved the Cannabis Business Licensing Ordinance, effective June 7, 2025. City Staff continues working on ordinance creation and changes to comply with OCM statutes and licensing processes. City Staff and the City Attorney worked together to update the ordinance to comply with all OCM standards and regulations while keeping the requirements and language similar to that of the Special Event permits and requirements. Ms. Pettit discussed the licensing parameters, which include the following: any person or organization desiring to hold a Temporary Cannabis Event in the City of Brooklyn Center must apply for a permit. The application must be filed a minimum of 45 days prior to the event. Events with an anticipated attendance of 1,000 people or more must apply a minimum of 90 days prior to the event. One week prior to the event, the organizer must submit proof of state licensure. The organizer must provide proof of liability insurance and automobile insurance (if required). This permitting process is similar to the current special events permit requirements. Ms. Pettit continued that the licensing parameters also include required documentation in the form of an application/form, diagram of the event site, security and emergency plan, parking and traffic plan, special services (if any), and sound amplification (if any). Ms. Pettit outlined the licensing regulations, which state that the event may not be held on City- owned property or school property. If held outdoors, it may not be held on property within 500 feet of a residential property or treatment facility (measurements to be made from the entrance of each building or tenancy). The event may not be held at any single location more than four times in a calendar year, or for more than three consecutive days. Events can only be held between the hours of 7:00 a.m. and 10:00 p.m. On-site consumption of edible cannabinoid products and lower- potency hemp products is permitted; however, on-site consumption of alcohol or tobacco is not permitted pursuant to Minnesota statute section 342.40, Sub. 8(d). The applicant must provide a 10-day notice to residents within 500 feet of the event. Ms. Pettit noted the Cannabis Temporary Event Permit Application fee is $100.00 with enforcement and violation fees that mirror those which were approved for the Cannabis Retail Registration Fines as follows; the first violation constitutes a $1,000 penalty, second violation constitutes a $1,250 penalty, the third violation constitutes a $1,500 penalty, and the fourth violation constitutes a $2,000 penalty. Ms. Pettit asked the Council if they had any questions. Mayor Graves asked if the violation is on par with the typical violation strikes one, two, and three. Ms. Pettit stated that it does, and mimics what was approved for the retail registration fees. Councilmember Moore stated that it was safe to say that cannabis has been heavily regulated in the state, even though it was approved, including increasing the taxes, which will probably prohibit people from accessing it, since no one will be able to afford it. She asked about the Minnesota statute on on-site consumption of alcohol and tobacco, and if that meant someone could have a cannabis pop-up party but could not smoke a cigarette or have a beer at the same event. 7/14/25 -13- Ms. Pettit stated that this regulation is specifically talking about edible cannabis. If the cannabis produces any type of odor, it would not be allowed. Councilmember Moore asked to back up and asked if the entire event was for edibles only. Ms. Pettit explained that if the event is indoors, it would be for cannabis edibles only. If the event is outdoors on City property, smoking is not allowed. Councilmember Moore asked if these events allowed smoking marijuana. Ms. Pettit shook her head no. Councilmember Moore stated the regulations were not clear on the events. Ms. Tolar explained that at a cannabis event held indoors, there is no smoking allowed. Councilmember Moore concurred because smoking of any kind is not allowed indoors. Ms. Tolar continued that a cannabis event can not happen on City property. If the cannabis event was on private property, the permit would need to indicate whether or not smoking would be allowed. Councilmember Moore asked if smoking would be allowed then, as long as the applicant followed the permit process and was not on City property or indoors. Ms. Tolar stated she would have to look up the statutes and ordinances and does not want to say on the record that Councilmember Moore is correct, but she does not think that it is expressly prohibited on private property. Councilmember Moore asked about the 7:00 a.m. to 10:00 p.m. time frame and the reason the event would have to end at 10:00 p.m. Ms. Pettit stated that the time frame follows sound regulations. Councilmember Moore responded that it would be treated like a party, and understood why there would be a time frame. Councilmember Jerzak asked if these regulations were based on a model like the League of Minnesota Cities and if these regulations follow what other cities are doing. Ms. Pettit stated that City Staff and the City Attorney looked at what other surrounding cities are doing, as well as the League of Minnesota Cities and the OCM, and it varies. Many of the cities are not allowing temporary cannabis events or are allowing them with little to no regulation. City Staff approached it in a way to be prepared ahead of time, for cannabis events to happen. Ms. Tolar concurred that there is a broad range of how cannabis events are being regulated across the state. The state statutes also outline some requirements for temporary cannabis events, so City Staff tried to stay in line with what the state requires and what the City requires for special events, as well as the City's stance on cannabis. Mayor Graves asked if there were any more questions. Councilmember Moore said her only comment was that she dissents from having any regulations, but she knows that there has to be some regulation because cannabis, in general, has already been over-regulated by the state. Councilmember Moore moved and Councilmember Jerzak seconded to approve an ordinance establishing Chapter 23-2750 to regulate Temporary Cannabis Events. 7/14/25 -14- Motion passed unanimously. Ms. Tolar asked if the Council could revisit item nine, the Hospitality Accommodation License Revocation request, and stated she thinks the Council forgot to adopt the resolution as well. Councilmember Jerzak moved and Mayor Graves seconded to reconsider the consideration of the Suburban Studios Stay of Hospitality Accommodation License Revocation request. Motion passed unanimously. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2025 City Council, City of Brooklyn Center Resolution staying the Revocation of the Hospitality Accommodation License for BC Seva LLC, doing business as Suburban Studios. Motion passed unanimously. 11. COUNCIL REPORT 12. ADJOURNMENT Mayor Graves moved and Councilmember Jerzak seconded adjournment of the City Council meeting at 8:14 p.m. Motion passed unanimously.