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HomeMy WebLinkAbout2026_04-27_CCP_REGULARCITY COUNCIL MEETING City Hall Council Chambers April 27, 2026 AGENDA 1.Call to Order - 7:00 p.m. Attendees please turn off cell phones and pagers during the meeting. A copy of the full meeting packet is available in the binder at the entrance to the Council Chambers. 2.Roll Call 3.Pledge of Allegiance 4.Informal Open Forum This is an opportunity for the public to address the City Council on items that are not on the agenda. It is limited to 15 minutes. It may not be used to make personal attacks, air personal grievances, make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with the presenter. Questions from the Council will be for clarification purposes only. It will not be used as a time for problem-solving or reacting to the comments made but for hearing the presenter for informational purposes only. The first call will be for those that have notified the Clerk that they would like to speak during the open forum and then ask if anyone connected to this meeting would like to speak. When called upon, please indicate your name and then proceed. Please be sure to state your name before speaking. a.Meeting Decorum 5.Invocation - Lawrence-Anderson 6.Approval of Agenda and Consent Agenda These items are considered to be routine by the City Council and will be enacted by one motion. There isn't a separate discussion for these items unless a Councilmember so requests, then it is moved to the end of the Council Consideration Items. a.Approval of Minutes - Motion to approve the meeting minutes: •April 13, 2026, Study Session •April 13, 2026 Regular Session b.Approval of Licenses -Motion to accept licenses as presented. c.Resolution Authorizing the Application and Execution of the Agreement to Redevelop Soccer Facilities at West Palmer Park under the Provisions of the Hennepin Youth Activities Grants Program Page 1 of 131 - Motion to Approve a Resolution Authorizing the Application and Execution of the Agreement to Redevelop Soccer Facilities at West Palmer Park under the Provisions of the Hennepin Youth Activities Grants Program. d. Resolution Authorizing Execution of an Agreement, Project No. 2026-29, Brooklyn Center Community Center Pool - Motion to Approve a Resolution Authorizing Execution of an Agreement, Project No. 2026-29, Brooklyn Center Community Center Pool e. Resolution Authorizing Execution of a Construction Services Agreement, Project No. 2026-29 - Motion to Approve Resolution Authorizing Execution of a Construction Services Agreement, Project No. 2026-29 f. Updated 2026 Fee Schedule - Motion to approve the 2026 Fee Schedule with Updates 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Declaring April 24, 2026, to be Arbor Day and May 2026 to be Arbor Month in Brooklyn Center - Motion to approve a resolution declaring April 24, 2026, to be Arbor Day and May 2026 to be Arbor Month in Brooklyn Center. b. Resolution Recognizing Brooklyn Center as a Tree City USA for the Thirty- Fourth Consecutive Year - Motion to Approve a Resolution Recognizing Brooklyn Center as a Tree City USA 8. Public Hearings 9. Planning Commission Items a. Resolution for Consideration of Approval of Planning Commission Application 2026-003 for Issuance of a Conditional Use Permit for Eagle Ridge Academy (Public or Private Elementary and Secondary School Offering a Regular Course of Study) on the Saint Alphonsus Catholic Church Property at 7025 Halifax Ave North - Motion to adopt a resolution approving Planning Commission Application No. 2026-003 for issuance of a conditional use permit to operate Eagle Ridge Academy ("public or private elementary or secondary school offering a regular course of study") on the Saint Alphonsus Catholic Church property at 7025 Halifax Avenue North, based on the findings of fact and submitted application, and as amended by the conditions of approval in the resolution. b. An Ordinance Amending Section 35-4013 (Allowed Use Table) of the City Code of Ordinances Regarding Cemeteries in the Public Open Space Zoning District and Certain Amendments to Section 35-4409 (Temporary Uses and Page 2 of 131 Structures) — 1st Reading (1) Motion to waive and conduct a first reading of the ordinance amendments contemplated under Planning Commission Application No. 2026-004. (2) Motion to schedule a second reading for May 11, 2026. 10. Council Consideration Items 11. Council Report 12. Adjournment Page 3 of 131 COUNCIL MEETING DECORUM FOR THE PUBLIC To ensure meetings are conducted in a professional and courteous manner which enables the orderly conduct of business, all persons in attendance or who participate in such meetings shall conduct themselves in a manner that does not interfere with the ability of others to observe and, when allowed, to participate without disruption or fear of intimidation. A. Decorum. Persons who attend meetings must avoid conduct that disrupts, interferes with, or disturbs the orderly conduct of the meeting or the ability of other attendees to observe and participate as appropriate. To that end, persons who attend meetings are subject to the following: (1) Members of the public may only speak during meetings when allowed under Council Rules and only after being recognized by the presiding officer. The City Council has established time limits for the acceptance of public comments or testimony. (2) Public comments or testimony must be addressed to the presiding officer and not to other Council Members, staff, or others in attendance. (3) All elected officials shall be referred to by their proper title and surname. (4) Public comments should avoid personal accusations, profanity, or other improper content for a public meeting. (5) Intimidating behaviors, threats of hostility, or actual violence are disallowed. B. The presiding officer shall request any person(s) who disrupt, interfere with or disturb the orderly conduct of a meeting to cease the conduct and, as necessary, shall issue an oral warning to the individual(s) found to be in violation. If the individual(s) persists in disrupting, interfering with, or disturbing the meeting, the presiding officer may have the individual(s) removed or, under appropriate circumstances, temporarily clear the gallery. If for any reason the presiding officer fails to take such action, a majority vote may be substituted for action by the presiding officer to maintain order and decorum over the proceedings. C. The Council Chambers capacity is 76 persons per fire code. Page 4 of 131 04/13/26 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 13, 2026 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tem Teneshia Kragness at 6:00 p.m. ROLL CALL Mayor Pro Tem Teneshia Kagness, and Councilmembers Dan Jerzak, Kris Lawrence-Anderson, and Laurie Ann Moore. Also present were Deputy City Manager Darren Nyquist, Deputy City Clerk Kat Ellgren, City Clerk Shannon Pettit, and City Attorney Siobhan Tolar. Mayor April Graves was excused. CITY COUNCIL MISCELLANEOUS DISCUSSION ITEMS Mayor Pro Tem Kragness noted a minute's correction on the regular session for the March 23 meeting, Senator Klobuchar’s name was misspelled on page eight. Councilmember Jerzak added that he has read front and back the regular sessions of the Housing Commission meeting minutes from March 17, and the standards manager items on page two have not been adopted yet. He reached out to Interim City Manager Daren Nyquist earlier with his concerns about policy and the actions he would have to take with City Staff, and to pull the minutes until Mr. Nyquist has the opportunity to address those things. He added that he was open to addressing all things that need to be clarified if necessary. Mayor Pro Tem Kragness noted that it would be fair to make sure that the record is accurate and would be in favor of pulling those minutes. Councilmember Jerzak stated that it is not only about accuracy, but also to clarify any confusion from a statement that may seem ambiguous, so that someone can return to it later. Mayor Pro Tem Kragness asked if there were any other comments from other Councilmembers on this topic. Councilmember Moore asked if the consensus was for Councilmember Jerzak to read the policy into a statement. Page 5 of 131 04/13/26 -2- DRAFT Councilmember Jerzak pointed out that he has already brought his concerns to the attention of Mr. Nyquist, and Mr. Nyquist will need some time to address those concerns; the record needs to be accurate. He added that he would address policy concerns and read through them for the record, but he has no say over administrative matters. Councilmember Moore added that it would not be necessary for Councilmember Jerzak to read those policy issues out loud, and the Council trusted his judgment. She noted that she did not hear Mayor Pro Tem Kragness say that she was going to accept the policy highlights and questions that Councilmember Jerzak had. Mayor Pro Tem Kragness stated for clarity that the minutes would be pulled from the Housing Commission meeting on March 17. Councilmember Jerzak added that the minutes from the Housing Commission March 17 meeting, standard manager, page 88 of 299, or better known as a draft meeting notes starting on page two, should be pulled in entirety and will provide an oral and written concerns to Mr. Nyquist. Councilmember Moore thanked City Staff for their MnDOT update in terms of cost share participation that was provided in the weekly summary. She asked about some of the reporting that the Council has been getting regarding Brooklyn Center Liquor operations and the Heritage Center. The Council should be getting totals in their weekly summary, as there are constituents asking the Council about the status after closing the Liquor Store, and the status of the McNeil Event Center and the Heritage Center. Mr. Nyquist responded that the new Finance Staff is trying to get that information to the Council on a monthly basis to track how the City is doing in terms of finances for the Liquor Store operations. Finance will continue to provide those numbers to the Council, but may need to refine some of those numbers as they dig deeper to try to understand and get accurate information. In terms of the Heritage Center and other Special Enterprise funds, the Council will get 2025 recaps on those in May. Those numbers will show that there needs to be some work done on the five- year financial management plan that will start the budget process. All of this takes time, as there is limited leadership in the Finance area and consultants, but it is being actively worked on. Councilmember Jerzak noted that he appreciated the clarification regarding the financials for the Liquor Store. For clarity, there was no intent to miss the administrative costs; they were accidentally missed. He added that this could lead to mistrust, and the Council does not need any of that; they just want transparency, and he appreciates Finance working on the complete picture. He asked if Mr. Nyquist anticipated being able to give the Council good financials, including what it cost to shut down the last Liquor Store, and render an opinion on whether or not that was worth it. Mr. Nyquist asked if Councilmember Jerzak was referring to the final accounting of costs related to shutting down the Liquor Store. Councilmember Jerzak confirmed that that is what he was asking for. Page 6 of 131 04/13/26 -3- DRAFT Mr. Nyquist stated he needs to have a conversation with the Liquor Store Manager and discuss how the shutdown went, and due to the transition of leadership in Finance at that time, things may have gotten lost. He added that he cannot answer the question with 100 percent certainty, but it is on his list to ensure that operations there are wrapped up. Mayor Pro Tem Kragness added that the month of April is National Arab American Heritage Month, and April 14 is Pan American Day. CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS PRIORITY PROJECT UPDATE Mr. Nyquist explained that this presentation is to remind the Council of the projects and priorities that the City is working on at any given time, and find alignment with the work being done and the updates on projects that the Council wants to receive. Overall, there were 31 projects selected, four with consensus among the Council, six projects with alignment, and 21 outliers. The four projects with consensus include resolving the outstanding Finance Director Transition issues, which will be an internal process that he will keep the Council informed on, but there will not be a presentation. The Financial Management Plan (FMP) for 2026, the Expanded Response Teams (ERT) 2026 to 2027 contract, and Opportunity Site developer recruitment will all have presentations brought to the Council. Mr. Nyquist continued that projects with alignment include the Highway 252/94 Environmental Impact Statement, Solar on City buildings research project, MnDOT cost share policy, revising the operating budget development process, cost recovery model at the Community Center, and the EDA Scattered Sites plan. All of these projects will be presented to the Council to keep them updated and informed. Mr. Nyquist added that the other 21 outlier projects have been gone through and slotted already in the agenda. The Cannabis lottery renewals update is on the agenda at tonight's meeting, which was on the outlier list. The other projects on this list will consist of combinations of presentations by City Staff and conversations with the Council. He noted that if there was anything on this list that the Council wanted to highlight, they could let him know. Mr. Nyquist asked if the Council had any questions for him. Mayor Pro Tem Kragness suggested that if there were any projects that could be summarized in the weekly update, that would be preferable. Councilmember Moore stated for clarity that one of the projects with consensus includes the ERT item with a contract that ends May 31. She asked if this presentation would include numbers, cost, and final payments because discussing the new 2026/2027 contract will require that previous information for budget meetings. Mr. Nyquist stated that the presentation will include the ERT report that the Council has asked for with more data, because the City is almost at a decision point regarding the program about where they want to go from here. This will most likely be a longer- Page 7 of 131 04/13/26 -4- DRAFT term conversation that may require more than one meeting, and that is how that project was itemized in the list. Councilmember Jerzak concurred that some updates could be included in the weekly newsletter, such as the choice for the new Finance Director, and audits speak for themselves and can also be included in a weekly update. He asked if more of these projects are included in weekly updates, and if that would move up other projects for presentations or one-on-one conversations that may be in alignment. Mr. Nyquist stated he would keep track of the items as they are ticked off the list, and could have conversations with the Council as they move through the list to figure out which projects they would like to hear about next. There are also other critical things that did not make it on these lists that will get snuck into the agenda, so it will be an evolving conversation. Councilmember Jerzak noted that the Council already received a MnDOT cost share policy, which will not have to go to the legislature and is complete. Other projects, like the Water Meter replacement, could be communicated with updates, and there is a value in having that information when the Council gets questions from people like Representative Vang, so responses can be sent. Mayor Pro Tem Kragness noted that the weekly update would keep projects at the forefront so the Council knows that work is being done on them, and constituents could be updated if they ask questions. Councilmember Moore added that some of the outlier projects are intimately tied to the budget process as a result of the ongoing. She noted that she discussed the Capital Improvement Projects that are already listed with Mr. Nyquist, but it would be nice to have that information on the website, so if projects are happening in a constituent's neighborhood, they could look up that information. Interim Deputy City Manager Liz Heyman noted that all active construction projects are currently listed on the City’s website. Councilmember Moore clarified that she is not saying that information is not on the website, but it would be nice to have certain things highlighted. She added that it would also be helpful to have some information about the website and how to navigate it if there is a concern. Councilmember Jerzak noted that one of the concerns that was a Council consensus was to return to parking issues and cement driveways, which are not included in this list, and all of that requires Staff time. He asked what assurances the Council has that those things will be put on the agenda again. The Council will not impose deadlines on agenda items, because City Staff have their day- to-day work and need a reasonable time to get information on things, but from a planning perspective, it needs to be brought up. Mr. Nyquist responded that there will have to be give and take for all issues, since Staff has limited time here. He added that if an issue rises to that level, where it needs to be discussed again, then Page 8 of 131 04/13/26 -5- DRAFT something has to come off the list to make room. As long as the Council and Staff are on the same page with that, that is good, and problems happen when there are missed expectations. Councilmember Jerzak noted that there may be some things that are outdated or unnecessary that Mr. Nyquist should not be spending time on. One example of this was preparing reports that never made a difference on rental licenses regarding calls of service from the police, because it never rose to the level that it would require change, but Staff spent a lot of time on it. He added that if there are things that the Council could help out with, they would help where they can in eliminating duplication. Mr. Nyquist stated that, being new to the role and figuring out what the expectations are, he can bring things to the Council in individual conversations to see if the Council wants to continue them and exercise what is useful. He noted he is still learning what the Council cares about, and finding those things out from conversations with Department Directors, creating lists, and providing more information in weekly updates. The focus will also be on slimming down projects for Staff to make things more efficient while addressing the more critical things per the Council. Mayor Pro Tem Kragness thanked Mr. Nyqusit for pointing out what it takes to fulfill those requests with Staff time regarding the weekly updates, as that is something the Council has made requests for before. Councilmember Moore noted that the request for a weekly update for more information came prior to her being seated on the Council last year. Due to not getting that critical information at that time, the Council felt things were not being communicated in a timely fashion. As a result, the Council would overcorrect and think they need a weekly update, which has happened for quite a while now. She added that Mr. Nyquist does email the Council with urgent matters that need to be attended to, and if a weekly newsletter is too much of a burden for Staff’s time, maybe it could be bi-weekly. Mayor Pro Tem Kragness stated that the weekly update's intended purpose was one thing, but it has now expanded beyond that. Initially, it was used as a quick update, so a whole meeting did not have to be dedicated to answering a question someone had. It has since evolved as a placeholder, and it is being utilized for more than it was originally intended. Councilmember Jerzak added that the original purpose of the weekly update was that if someone approached the dais with a complaint or concern, Staff would address that in the weekly newsletter. The Council appreciates that Staff have kept that going, despite their workload. He noted, however, that Staff does not need to rehash presentations done by the EDA in the weekly update, because if something is really important, Mr. Nyquist will let the Council know. If the Council is going to be getting reports on the Heritage Center and other Enterprise funds, the Council does not need to know how many people were at an event; they need to know what it cost, and if it was profitable. The Council can always email Mr. Nyquist with more clarifying questions about events, but Staff should not be burdened with details like how many people attended an event. Page 9 of 131 04/13/26 -6- DRAFT Mayor Pro Tem Kragness noted that Staff may be including that information in anticipation of the questions from the Council, based on conversations that they have had before. Mr. Nyquist stated that it is a combination of both for Staff. It is a mix of anticipating what the Council wants to know and trying to cover every angle, which is impossible. As this moves forward, Staff could revisit the goal of this, focus on a bi-weekly report rather than a weekly update, which would be a big help, and focus on what information the Council wants in that report. He recognized that this is a critical information tool for the Council, but it needs to be refocused. Mayor Pro Tem Kragness stated that because City Staff is so lean right now, this would be a fair time to scale back on certain things, and that is okay. CANNABIS REGISTRATION UPDATE Mr. Nyquist introduced Deputy City Clerk Kat Ellgren to provide this update on the Cannabis Registration and lottery. Ms. Ellgren noted that she would preface this presentation with the fact that she has been living in the Cannabis Retail Registration world for a year, so if there is anything that does not seem clear to them, they should stop the presentation and ask questions. She explained the background of this ordinance. After going into effect on May 24, 2025, the state statute limited Cannabis Retail Registration to one per every 12,500 residents, which resulted in three Registrations. The Council decided to award the Registrations through a lottery process, which mimics the Office of Cannabis Management’s (OCM) process. After multiple Staff meetings and preparation, the Staff updated the City's website to include an adult-use Cannabis page, and the Registration application went live in November 2025. The OCM also noted its approval of the Staff of Brooklyn Center's lottery method. Ms. Ellgren explained that on March 23, 2026, the City Clerk's office reviewed and pre-approved the first complete application for a Cannabis Retail Registration. Final approval and acceptance started the 30-day countdown to the first lottery drawing. There are currently two complete applications and one incomplete application pending. Potential applicants who wish to be included in the lottery have until April 22, 2026, to apply, including fees and all supporting documentation. Ms. Ellgren noted that this is where it gets a little bit more intense as they discuss the proposed lottery process. There will be three separate lotteries, one for each of the three Retail Registrations. Each lottery will be held at a separate City Council meeting, using a bingo cage for the drawing. The lottery equipment will be on display in Council Chambers prior to each drawing to ensure transparency, with Staff keeping an eye on it as well. Each application is issued a Registration application number by iMS, which is the City's digital licensing service. The last two digits of this number will be their assigned lottery number. If the Registration number is Can26-0013, the lottery number would be 13. There will be one ball per applicant, and one Registration awarded per meeting. Page 10 of 131 04/13/26 -7- DRAFT Ms. Ellgren explained that the first lottery is scheduled to be held during the Study Session on April 27, 2026, where the Mayor will pick a ball from the bingo cage. The selected number will be granted the first Brooklyn Center Cannabis Retail Registration. Applicants will be invited to attend the meeting, but will not be required to be present in order to win. The selected Applicant will be sent an email within 24 hours of the lottery to notify them of their Registration award. The City Clerk will issue the winner their provisional Cannabis Retail Registration. Once the OCM awards the applicant their Cannabis Retail License, the City’s provisional Registration becomes the applicant’s final Registration. The provisional Retail Registration is tied to the OCM’s approval, and the provisional Registration will have a temporary one-year expiration that will be updated to match the expiration of the business's OCM license to meet Minnesota Statute 342.22, subd. 3. Ms. Ellgren noted that after the winner is selected, the remaining applicants will be sent an email within 24 hours notifying them that they did not receive the first Registration, and their application will be closed, and all fees refunded unless they inform the Office of the City Clerk within 14 days that they wish to keep their application open. Should any applicants choose to keep their applications open, a second lottery will be scheduled a minimum of 90 days after the first. Any new applications will have until 6 days prior to the lottery date to join the second lottery. This process will repeat for the third lottery. Should no applicants choose to stay open, a second lottery will not be scheduled until a new application is received and passes provisional approval. The second lottery will be scheduled 90 days from the date of provisional approval. After the third lottery, any unselected applications will be closed, and applicants will receive refunds. The City Clerk’s office will establish a waiting list for any new or future applicants wishing to be notified in the event a Registration becomes available. Ms. Ellgren stated there are some alternate methods the Council could consider. They could implement a compressed 30-day timeline between lotteries instead of 90. The pros of this include a faster pace of Registration, as it does not give applications as much time to enter the lottery. She discussed a potential alternate lottery method where the first lottery would pull multiple winners until all three Registrations are granted. If there are only two applicants, the lottery would pull the two applicants, and a second lottery would happen once a third applicant is provisionally approved. This would issue Registrations at a faster pace, but Applicants could be trying to secure the same address, and it does not give as much time for Applicants to enter the lottery. The final option would be to remove the lottery and issue the Registration on a first-come, first-served basis. This would benefit Applicants who completed the provisional approval quickly, but it would require an Ordinance change, which would take a decent amount of time to remove the lottery, and the first issuance would happen no earlier than June 22, 2026. Ms. Ellgren noted that questions for the Council at this time are whether or not the Council wishes to continue the lottery, and if the Council wishes to have them every 30 or 90 days. There are also questions about the Registrations becoming available, post-lottery. Mayor Pro Tem Kragness asked how many applicants would fulfill the need for a lottery. Ms. Ellgren noted that the Ordinance never set a minimum, so if there is only one applicant, they would Page 11 of 131 04/13/26 -8- DRAFT get it, or if there were only two applicants, those applicants would have a fifty-fifty chance of winning. Mayor Pro Tem Kragness asked if the April 27 meeting was starting at 5:30 p.m. due to the lottery or if that was for a different reason. Mr. Nyquist noted that the meeting has a very full agenda, and that is why it has to start earlier. Mayor Pro Tem Kragness asked if there would still be time for the lottery on April 27. Mr. Nyquist confirmed that there would be enough time. Councilmember Jerzak thanked City Staff for all the work that went into this process and the presentation, and noted he would not be interested in changing anything about the lottery. When this Ordinance was passed, equity was the intent, and it is important to honor what the intent was when it was passed. He asked if the one reserved license is not used, if it goes back into the pool and is subject to the same lottery, or if the City can retrieve it. Ms. Ellgren noted that Councilmember Jerzak is talking about the Municipal Cannabis License or the Retail Registration, but Municipal Cannabis Retail Registrations are not part of the City's cap and are intentionally held aside. There were decisions made towards equity at the OCM level that, unlike liquor stores, which can only be municipal or privately-run, the OCM wanted both options to be available. The City has the right through the Ordinance to have a Municipal Cannabis Retail store until the state says they cannot. At this point, the City has three separate private Cannabis Retail Registrations, so if in the future the City does open a Municipal Cannabis Retail, there will still be three private Cannabis Retail Registrations. Councilmember Jerzak noted that product availability is a huge problem on a wholesale level. Getting certification for the transport agent is a huge problem, and there is a bottleneck in approving testing sites. The state has amended to go out of state for testing, but now that requires interstate transport, which there are not enough of. The wholesale market for Cannabis is primarily coming from the Native American tribes, which is fine, but everybody is competing for that product. He noted he was bringing this up because this means that Cannabis will not be available tomorrow, and the Council has to put some reasonableness on this. He added for clarity that he is not interested in doing anything other than what has been prepared. Councilmember Moore added that she would like to continue with the lottery and does not see any reason why it could not be changed to every 30 days, because 90 days is just delaying things, and as Councilmember Jerzak pointed out, the applicants will already have enough delays. If the applicants have done everything they need to in order to get their license for the City Clerk's Office, the Council should not continue to delay them. City Attorney Siobhan Tolar noted that the timing issue is also, from an equity perspective, to give people who have not finalized their Registration the opportunity to get into the pool. If, after 90 days, there are only three applicants and one of them falls through because they cannot get their stuff together, there would still be opportunities for that applicant to get a Registration. She noted that this does not have to have any bearing on the Council's decision, but wanted to give background. Page 12 of 131 04/13/26 -9- DRAFT Councilmember Moore thanked Ms. Tolar for the clarification and asked if the question is whether or not there are 30 days or 90 days between lotteries. Ms. Ellgren confirmed that it is the question. Councilmember Moore noted that if lotteries are happening more often, that still gives the applicant the opportunity to get things together. Mayor Pro Tem Kragness added that the Council needs to stay consistent, and that is the reason the lottery process was initially decided, and although they thought there would be more applications, the Council needs to maintain the lottery. The fact that other cities are switching to the lottery process for this also means this was the right decision. Councilmember Jerzak noted for clarification that the application requires the applicant to list their address due to zoning. There are some very specific restrictions on how far an address can be away from a school and other areas within the City, and applicants should understand that this is why their address is needed. Ms. Ellgren added that one of the first questions the applicants are asked is if they have spoken to the City’s Zoning Department, and an email confirmation has to be provided from the Assistant City Planner that the applicant has spoken to her and that the address qualifies. Councilmember Jerzak asked if the Shingle Creek development area is approved because constituents have asked. He stated that he will send constituents to the appropriate person for the answer to this question. Ms. Ellgren stated that the hope is that all three Registrations will become successful enterprises. However, if one of the businesses falls through and there is an open Registration that had previously been awarded, if the Council wishes to continue the lottery process for all open Registrations or move to a waiting list, first come first serve process. This would be after the first three Registrations have been issued and only in the case one falls through, or if down the line these businesses are doing really well and the Council wishes to open up more Registrations. Mayor Pro Tem Kragness affirmed that she would be more interested in keeping consistency in the process, but it is something that the Council could revisit as needed. Councilmember Moore asked if that would require an Ordinance change when it is that far into the process and the Registration has already been issued, because Mr. Ellgren previously asked if the Council wanted to change to a first-come, first-served basis, but that would require an Ordinance change. Ms. Ellgren stated that this is something that needs to be clarified on Registrations that are closed. She noted that her understanding is based on the first three Registrations being chosen and sent out, and Ms. Tolar might have a different answer. If the Council were to choose to make changes, that is something the Staff would need to start working on. Page 13 of 131 04/13/26 -10- DRAFT Councilmember Moore added that she is okay with continuing the lottery process, if they would still have to go through an Ordinance change when they are this far into the process. Councilmember Jerzak concurred with Mayor Pro Tem Kragness that the Council should continue with what they have to maintain consistency with no carve-outs, but should be available if a circumstance comes up. Mayor Pro Tem Kragness thanked Ms. Ellgren for the presentation. Mayor Pro Tem Kragness stated that there would be a seven-minute recess before starting the Regular Session. ADJOURNMENT Mayor Pro Tem Kragness adjourned the Study Session at 6:53 p.m. Page 14 of 131 04/13/26 -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 APRIL 13, 2026 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 Teneshia Kragness at 7:00 p.m. 2. ROLL CALL Mayor Pro Tem Teneshia Kragness, Councilmembers Dan Jerzak, Kris Lawrence-Anderson, and Laurie Ann Moore. Also present were Interim City Manager Daren Nyquist, City Planning Manager Ginny McIntosh, Public Works Planner Kory Anderson Wagner, City Engineer Lydia Ener, Housing and Community Standards Manager Xiong Thao, City Clerk Shannon Pettit, and City Attorney Siobhan Tolar. Mayor April Graves was excused. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor Pro Tem Teneshia Kragness opened the meeting for the purpose of Informal Open Forum and reviewed the Rules of Decorum. No one wished to address the Council. Councilmember Moore moved, and Councilmember Jerzak seconded to close the Informal Open Forum. Motion passed unanimously. 5. INVOCATION Councilmember Jerzak recited a quote from G.K. Chesterton, "The thing I hate about an argument is that it always interrupts a discussion." Page 15 of 131 04/13/26 -2- DRAFT Councilmember Jerzak also quoted Dr. Wayne Dyer, “Conflict cannot survive without your participation.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Moore moved, and Councilmember Jerzak seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the minutes as stated during the Study Session to remove the March 17 Housing meeting notes, page 88, which is the draft meeting for the City Manager to review, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 23, 2026 – Regular Session 2. March 23, 2026 -- Work Session 6b. LICENSES AMUSEMENT DEVICES Metro Coin of MN, LLC 6301 Shingle Creek Parkway ENTERTAINMENT LICENSES Oga Madam 6000 Shingle Creek Parkway MECHANICAL Heidelberger Enterprises Inc., 30132 105th Street Northwest Princeton 55371 Home Express Delivery Service LLC 804 Valley Park Drive Shakopee 55325 Precision Point Plumbing 12315 61st Avenue North Plymouth 55442 SPI Mechanical LLC 1116 Lincoln Street Northeast Minneapolis 55413 Total Home Solutions 1008 Prospect Pointe Road Jordan 55352 SIGN HANGER’S Install this Awning & Sign 4835 Lyndale Avenue North Minneapolis 55430 RENTAL INITIAL (TYPE IV– six-month license) 1531 Humboldt Place North R2 GROUP LLC Page 16 of 131 04/13/26 -3- DRAFT 1543 Humboldt Place North R2 GROUP LLC INITIAL (TYPE II – two-year license) 3206 67th Avenue North K J Arnevik/renae K Arnevik RENEWAL (TYPE IV – six-month license) 5546 Emerson Avenue North Raymond & Cindy Scherbing 6116 Aldrich Avenue North BRIDGE SFR IV SEED BWR LLC 6628 Camden Drive Wells Bovard 7236 Noble Avenue North Caleb J Moses/nicole A Moses RENEWAL (TYPE III – one-year license) 1300 67th Avenue North R & E Anda Family Prop Llc 6809 Fremont Place North 786 Homes-f09 Llc 7225 Major Avenue North Iasis Lii LLC RENEWAL (TYPE II – two-year license) 6907 Dupont Avenue North Evang Luth Ch Of The Master 5412 Fremont Avenue North Lenin Cardenas Duenas 3807 61st Avenue North Ih2 Property Illinois Lp 4019 Joyce Lane Ih2 Property Illinois Lp 6765 Humboldt Avenue North Loan Nguyen 7141 Newton Avenue North Ih2 Property Illinois Lp RENEWAL (TYPE I – three-year license) 4811 Lakeview Avenue Eileen Booker 3000 64th Avenue North Infinite Property Llc 5419 Humboldt Avenue North Cecilia Pineda 6014 Girard Avenue North Rifive Investments Llc 6018 Kyle Avenue North Christina Duong & Danny Vo Page 17 of 131 04/13/26 -4- DRAFT 6912 Logan Avenue North Hpa Borrower 2017 1 Llc 7217 Camden Avenue North Ih3 Property Minnesota Lp 6c. FORESTRY AND RELATED SERVICES AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND THE CITY OF CRYSTAL 6d. RESOLUTION 2026-042 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2026-01, 02, 03, & 04, HUMBOLDT AVENUE RECONSTRUCTION 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION 2026-043 DECLARING APRIL 22, 2026, AS EARTH DAY IN BROOKLYN CENTER Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to adopt a RESOLUTION declaring April 22, 2026, as Earth Day in Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 9. PLANNING COMMISSION ITEMS 10. COUNCIL CONSIDERATION ITEMS 10a. TRAFFIC CALMING UPDATE AND 2026 IMPLEMENTATION RECOMMENDATIONS Mr. Nyquist introduced Public Works Planner Kory Anderson Wagner to present this item. Mr. Anderson Wagner stated he made a presentation to the Council a year ago, and hopes to make this an annual thing to report back to the Council on. Mr. Anderson Wagner explained that he would give an outline regarding Traffic Calming in general and 2025 successes, and dig into some projects that the City has recently done. He noted they would discuss the Grandview neighborhood pilot and establish a draft neighborhood traffic circle policy. They would also discuss the Lilac Drive north project, draft speed table policy review, and next steps. Mr. Anderson Wagner noted that traffic calming reduces speeds and improves safety for pedestrians, cyclists, and drivers. Traffic calming also enhances neighborhood livability and reduces cut-through traffic. Common measures for traffic calming include speed bumps, speed Page 18 of 131 04/13/26 -5- DRAFT tables, curb extensions that narrow the roadway, and roundabouts. In 2025, there was a major transition in how they collect data for traffic calming. In the past, there were rubber tubes run across the road that counted cars and recorded speed, but they were very troublesome. Those rubber tubes were hard to maintain, and Staff would have to keep going back out to maintain them, and they would still lose data sometimes. One was even sucked up into a street sweeper once. He noted that they opted to transition to radars that are strapped to a telephone pole and can collect more reliably a car going by. In the summer months, when Staff do data collections, they were able to reduce Staff time by about five hours a week. The radar does not collect license plate numbers or faces of drivers, only the time stamp of when a vehicle went by and the speed of the vehicle. Last year, there were radars installed in 20 different locations that were determined by residents complaining about speeding or requesting stop signs. Staff then went to these locations to see if they would meet engineering standards for an intervention. Mr. Anderson Wagner noted that permanent speed tables were installed on Newton Avenue this year, and staff piloted traffic circles in the Grandview neighborhood at two locations. Staff also utilized the draft speed table policy and began tracking locations that are tested in ArcGIS to identify patterns and track the frequency of events. This allows Staff to go back and look at tests and data if a resident complains about speeding on their street that has already been tested. Mr. Anderson Wagner noted that the Staff has also been working with Brooklyn Center Community Schools, helping develop their safe roster school plan that has been in the works, and lending their expertise and knowledge of the system of the City overall. Mr. Anderson Wagner explained that on East Palmer Lake last summer, the City installed permanent speed tables. Previously, for this area, 85 percent of drivers were traveling at 44 miles per hour, and on a roadway that is designed correctly, 85 percent of the drivers should be driving the posted speed limit. The posted speed limit is 30, but when tested, it was 44 miles per hour, and it also had about 1,400 vehicles a day. He noted that after installing the speed tables, data has shown 700 vehicles are traveling through this area per day, and 85 percent of speeds have slowed to 27 miles per hour. The City also tracked adjacent parallel streets to ensure traffic is not moving over and did not see any speed changes, and 85 percent of speeds were around 30 to 34 mph. From an engineering perspective, that speed is close enough to the posted speed limit that Staff will continue to monitor and see if anything changes. He added that before installing the speed tables, data showed that 2,100 vehicles per day were using this neighborhood, and after the speed tables were installed, the number dropped to 1,700. This means drivers are using Humboldt or some other route, which is the correct thing to do, rather than using a residential street, and should not be used as a cut-through. Mr. Anderson Wagner noted that for the Grandview neighborhood, the Department put in two temporary traffic circles at these two intersections, one at 58th and Fremont, and one at 58th and Emerson. At 58th and Fremont, 85 percent of vehicles were traveling at 47 miles per hour in a 30 miles per hour zone, with two crashes annually reported at this intersection. This is a high number of crashes for a low-volume residential area, with 277 cars traveling through this area per day; this was a concerning intersection. A block away at 58th and Emerson, 85 percent of vehicles were traveling a little slower at 37 miles per hour with 136 cars per day, but a school bus was hit at this Page 19 of 131 04/13/26 -6- DRAFT intersection two years ago, and while no one was hurt, a school bus still got hit there, so this was concerning. After putting in the traffic circles at 58th and Fremont, the speed decreased to 27 miles per hour, with 324 cars going through that area per day, and at 58th and Emerson, the speed decreased to 29 miles per hour, with 155 cars per day. Both streets experienced an increase in the number of vehicles, but a decrease in speed. Mr. Anderson Wagner noted that when the City does these pilot programs, they send out postcards to everyone within a quarter mile of the intersection, and the Staff does that because that is a reasonable distance that someone may walk to this intersection and would interact with it pretty frequently. Staff also put sandwich board signs at the intersection with a QR code, where people could scan it and provide feedback. This feedback showed that 61 percent of residents felt the traffic circles made cars slow down and the street safer. Some of the feedback received was that the traffic circles were a brilliant solution to the speed problems in the neighborhood, had a significant positive difference, and helped calm residents’ nerves while making the City safer. He noted that there was some opposition recorded, but it was not against traffic calming itself, but that residents would have rather had stop signs installed. Mr. Anderson Wagner explained that during the pilot, because there are no neighborhood traffic circles in Brooklyn Center, they had to see how EMS and plows would function with these temporary circles. City staff conducted two tests with the largest fire truck and a one-ton snow plow and found that both can make exit one and two, but not the third. To accommodate EMS’s largest fire truck when approaching the traffic circle, they can turn left rather than going all the way through the traffic circle because their lights will be on and their presence will be known. Snowplows will be turning right only at the traffic circle intersection, and can make it through that way. Staff have worked closely to ensure that EMS and plowing operators are comfortable with that, and everyone has been comfortable with that, and there has been good alignment. Staff's next step is to recommend that permanent traffic circles be installed at 58th and Emerson and 58th and Fremont this year. Mr. Anderson Wagner noted that City Staff anticipates traffic circles being popular in the City based on the feedback they have received. Due to this, Staff need to come up with some consistent standards for how traffic circles are implemented if they do become more requested. Fortunately, Brooklyn Center is not the first City to build traffic circles, and there is a lot of precedent out there that Staff can look to and make sure that traffic circles are tailored to be perfect for Brooklyn Center, and work will begin on that this year. Mr. Anderson Wagner explained that Staff gets questions a lot about policing versus traffic calming. When the City uses traffic calming through policing, there is an officer who sits on a specific corner for 14 days straight, and this can range in cost from $1,000 to $5,000, depending on overtime versus regular duty. This method is challenging due to staffing limits, and if there is an emergency, the officer has to leave that location, which leads to inconsistency. On the infrastructure side, traffic circles cost $10,000 to $17,000 per traffic circle and are in place forever, and have a consistent and definite impact. Page 20 of 131 04/13/26 -7- DRAFT Mr. Anderson Wagner explained that the Lilac Drive North is a whole different project and came up through the Park Capital Investment plan that was addressed last year. A resident commented on Lilac Drive being a speedway, and with radar, Staff found that 950 cars were traveling through there per day, with 85 percent of vehicles traveling at 52 miles per hour. This street is posted at 30 miles per hour. City Staff found that this street was a perfect candidate for the City's speed table policy that was adopted last year. City Staff sent out postcards to everyone within a quarter mile of this street to validate that residents felt there was speeding in this area and get feedback on installing speed tables. The residents responded and confirmed there is speeding on that street and asked the City to do something about it. Mr. Anderson Wagner stated that after hearing feedback, Staff recommended installing a permanent speed table on Lilac Drive this year, and did some initial analysis and figured out that the street only needs one speed table. Mr. Anderson Wagner reminded the Council that the draft speed table policy has some guidelines to help guide where speed tables can be installed. These policies follow the Uniform Traffic Control Devices (MUTCD) compliance set by the Federal Highway Administration in terms of signage and distance. City Staff also looks to the City’s own curtailing of where to put speed tables, while looking at resident streets with a speed limit of 30 miles per hour or less, and less than 4,000 cars per day. Policy requires traffic at the 85th percentile to be 10 miles per hour over the posted speed limit, with an average of three crashes per year in the corridor. The reason for this policy is that speed tables are effective, but they cannot be installed everywhere due to maintenance impacts, and from a cost management perspective, if they are installed everywhere, it would change a lot of the City's strategies, and Staff wants to make sure they are targeting the areas that have the greatest need, such as Lilac Drive. Other criteria that Staff use include not using them on public transit routes, not using them on municipal state roads, which is just a classification of roads with a certain funding source from the state, and emergency routes, unless fire and police approve. City Staff also looks for other measures that would deem it unfeasible, get it approved by the Public Works Director, and, if the speed table is financially feasible. Mr. Anderson Wagner noted that there are exceptions to the policies regarding speed tables, for example, speeding and crash history criteria, specifically, and if it is located in a school zone or next to a park. That area would still have to follow that public transit route Municipal State Aid (MSA), and cannot be an emergency route, but if there is a context of a school zone and park, and the speeding is not high, City Staff would be open to it. The other option is a resident-led approach, which means that 51 percent of property owners within 500 feet must support accepting reduced snowplowing quality in exchange for speed tables. The reality is that with speed tables, the streets can not get a good snowplow. In this context, City Staff would ask residents if they are ok with this trade-off, and if 51 percent of them support it then they have to bring a petition to City Council which would be going against best practice in terms of installing speed tables because they would not meet the speed criteria, or crash criteria but there is some other reason they want speed tables. The Council would then make the final decision on whether speed tables are installed in that location or not. Mr. Anderson Wagner noted that the City installed their first permanent speed tables under this policy, and there were no public petitions for speed tables. City Staff evaluated 20 locations in 2025, and Lilac Drive is the only one that met the criteria to be eligible for speed tables. One Page 21 of 131 04/13/26 -8- DRAFT location on Dupont Avenue between 72nd and 67th Avenue, adjacent to Evergreen Park Elementary, was close to being eligible but failed because it is an MSA road. Mr. Anderson Wagner noted that the next steps for Staff will be to continue to evaluate traffic calming requests that they have recently received and to install the permanent traffic circles in the Grandview neighborhood. The permanent speed table will be established on Lilac Drive, and Staff will draft a traffic circle policy that will be presented at the next presentation. He asked if the Council had any questions. Mr. Anderson Wagner asked if the Council wanted to see pictures of what a street without a speed table looks like after snow plowing, versus a street with a speed table. Mayor Pro Tem Kragness confirmed the Council would like to see it. Mr. Anderson Wagner noted that the picture is of Unity Avenue, where there are some speed tables, and the reality is that the blade on the snowplow goes up and loses contact with the ground, so it does not get as clean a plow. Councilmember Moore thanked Mr. Anderson Wagner for the update and noted the Department has done an incredible job leading up to this. Mayor Pro Tem Kragness noted for clarification that traffic circles are for smaller residential areas, and roundabouts are for major intersections, in case people did not know the clear difference. Mr. Anderson Wagner stated that Mayor Pro Tem Kragness is correct, and the ones that the City did in the pilot were small, 10 to 12 feet in diameter in neighborhoods, versus a roundabout, which is about 30 feet in diameter. Mayor Pro Tem Kragness pointed out that speed tables cost $10,000 to $17,000 and asked if money is set aside for those in the current budget. Mr. Anderson Wagner clarified that traffic circles cost $10,000 to $17,000, but when doing the speed tables last year, he anticipated spending about $4,000 per speed table and got all four done for around $2,000 because they did all the work in- house and were able to save a lot of money. He added that speed tables are quite inexpensive, and neighborhood traffic circles will always be more expensive because they have to be contracted out, and there are potential stormwater impacts occasionally. There is a traffic calming budget in the Capital budget every year, and there is more than enough funds to support these two traffic circles this year. Mayor Pro Tem Kragness asked what other options are available for the area on Dupont Avenue near Evergreen Elementary to reduce speed there, since Staff know that area is an issue. She noted that Staff cannot just identify that area and not do anything about it. Mr. Anderson Wagner stated that City Engineer Lydia Ener would touch on MSA compliance. Ms. Ener noted that this is a problem not just in Brooklyn Center but in other cities as well. State aid standards are pretty broad, and have stringent requirements and have good uses in a lot of Page 22 of 131 04/13/26 -9- DRAFT places, but their one-size-fits-all solution does not always fit for small neighborhood roads. Right now, state aid recognizes that and is in the process of revamping its state aid guideline design handbook. These guidelines are what all cities have to follow when creating plan sets or any improvements on a state aid roadway, and City Staff lodged a complaint that speed tables were not included or were not able to be used. She noted that state aid acknowledged that it is potentially a miss, and now, during the state aid process, they may be included in the potential items that can be varied. As of right now, it is in the hands of the state aid rulebook committee, but Ms. Ener noted she is sitting on the Technical Advisory Committee of City Engineers along with 13 other cities and is strongly pushing for speed tables to be included, if not in the handbook as an option, but to be included in the list of applicable variances to present a case for speed tables. The Variance Committee would have the final say, but if an item is included in the variance list, it typically gets approved. She added that Staff are working to get that changed and are actively sitting on the Committee to do so. Mayor Pro Tem Kragness thanked Ms. Ener for that information and noted it is nice to know that the Staff is advocating for people. Councilmember Jerzak thanked Mr. Anderson Wagner for the update and presentation. He asked if he wanted to direct a constituent to look at the traffic circles, other than Grandview, where they could go. He noted that there is also a question about who will maintain the inside of the traffic circles, and worries about complaints from residents if it is not maintained. Mr. Anderson Wagner noted there are quite a few traffic circles going into North Minneapolis, and the traffic circles will not be designed with plantings in the middle and will be completely concrete with a rolled curb. The rolled curb will allow more space for fire engines and plows if they have to mount the curb, and there will be no greenery there to maintain. Mayor Pro Tem Kragness moved, and Councilmember Moore seconded to accept the Traffic Calming Update and authorize Staff to proceed with 2026 Traffic Calming, Planning, and Implementation consistent with the City’s draft Traffic Calming policies and practices. Motion passed unanimously. 10b. RENTAL LICENSE PROGRAM ORDINANCE AMENDMENT – FIRST READING Mr. Nyquist introduced Housing and Community Standards Manager Xiong Thao to present this item. Mr. Thao noted that he and the Council have talked a lot about the rental license program and amendments to the program. The last meeting was on March 9, where the draft Ordinance was presented for the Council to review, and tonight that Ordinance will be presented. The proposed Ordinance will eliminate the performance-based rental license program and implement a rental license that is valid for two years. The rental license will be issued administratively by Staff and will no longer go to the City Council for approval. Periodic reporting will be provided to the Council on the rental license program. The rental license will be issued before passing the rental Page 23 of 131 04/13/26 -10- DRAFT license inspection. Rental license inspections must pass within 90 days of issuing the rental license. The Ordinance will allow for a rental license transfer to a new owner if the property is sold, if the transfer fee is paid, and the rental inspection has passed within six months of issuing the license. In the event a rental license does not pass the inspection within 90 days, the rental license application will be considered incomplete and cancelled. The property owner would have to reapply for a new license. If there is no ability to compromise with the new owner, the Staff would bring the license to the Council for consideration for either a revocation or suspension. Mr. Thao noted that the new proposed Ordinance would remove the eight-hour Crime Free Housing training requirement and the Crime Prevention Through Environmental Design (CPTED) inspection requirement. The proposed Ordinance would remove the requirement for a submission of an Action or Mitigated Plan. The proposed Ordinance also removes police calls for service in determining the license type, which no longer applies since tiered licensing has been removed. He noted that Staff did meet with the Housing Commission on March 17, and the Commissioners provided input on changes to the rental license program. Overall, the Commission liked that the rental license program retains the rental license inspection and the City is still able to regulate tenant behavior on the property using police calls for service 12-911. He added that the Commission had concerns over who is asking for the rental program changes, and why the City is rewarding type three and type four licenses with longer licenses. There was a healthy discussion about the Commission’s concerns and about the positives of the program. Mr. Thao explained that tonight is the first reading of the request for the Ordinance amendment. It will require a second reading and a Public Hearing. Due to the notice requirements, the next Public Hearing can be scheduled for May 11 at the Council meeting. If the Ordinance amendment is adopted on May 11, the change would go into effect 30 days following newspaper publication of the Ordinance language. Councilmember Jerzak asked for clarification because it conflicts with the meeting minutes, and would read the minutes aloud for the record on page 91 of 299 or the draft meeting, page five, it states, "Mr. Thao shared that the Council is aware. He explained that one of the Councilmembers is part of the landlord group, and they wanted the rental program to change." Councilmember Jerzak noted that this is not true and is not part of a landlord group. He added that he was requested and met with them once, as he also did with the tenant group, and wanted that to be very clear. Mayor Pro Tem Kragness asked Councilmember Jerzak to clarify which paragraph he was in. Councilmember Jerzak noted that it was in the fifth paragraph and wants that to be clear. Councilmember Jerzak stated it is easy to get things wrong, but on page 89 of 299, the last paragraph, it reads, "Mr. Thao stated that the owner already has a license. He added that with the new two-year program, the owner does not have to qualify for anything." Councilmember Jerzak pointed out that this is also not true; the owner still has to qualify, fill out an application, and that needs to be clear. He added that he does not want anyone to think that an applicant does not have to do anything for a rental license and that the City just hands it to them, but he understands the ambiguity of being in those types of meetings. Page 24 of 131 04/13/26 -11- DRAFT Councilmember Jerzak asked for an explanation on page 88 of 299 in paragraph four, which reads, "The Brooklyn Park program is a two-year program. For the record, inspections are done every year, but only 50 percent of the units are inspected. So, by the second year, 100% of the building will be inspected, he explained. That's the reasoning to you that the proposed Ordinance is modeled after Brooklyn Park, but the City will do 100 percent of the inspections each year." Councilmember Jerzak noted that it was not his understanding, and he could not find any consensus or anything in the minutes. It was his understanding that the two-year rental program, that 100 percent would be completed by then, or 50 percent each year. If there were a ten-unit apartment building, the first year there would be five inspections of the common areas and those types of things. He asked if this was true because he was not able to find that information. Mr. Thao noted that when he met with Brooklyn Park, they did explain that their program is 50 percent for multi-family properties. They do 50 percent, and then in year two, they do the other 50 percent. Councilmember Jerzak asked if that policy is true for Brooklyn Center, too. Mr. Thao explained that Brooklyn Center will be doing 100 percent of the units every two years. Mayor Pro Tem Kragness noted that it was her understanding that inspections would not happen every year, but every two years, and the clarification here is that it should state every two years. Councilmember Jerzak stated he wanted to be sure that the Ordinance is very clear on this, because that is what the City will be held to. Councilmember Jerzak noted that during COVID-19, the City was only inspecting 20 percent of properties, and it worked. There will always be complaint inspections, and if somebody brings a complaint, it is inspected, whether it was part of the 50 percent that were inspected or not. He asked if this was Mr. Thao's understanding. Mr. Thao explained that during the Housing Commission, it was explained that inspections are done once every two years, and in between those two years, if there are tenant concerns regarding their unit or property, rental inspectors will be out to inspect those units. If there are corrections, the inspectors can issue correction orders to the property owner to address those concerns. Councilmember Moore asked for more clarity on whether 100 percent of the inspections will be done every two years from the day of the application date, or the approval date for that property owner. Mr. Thao noted that the rental license program is on a rolling calendar, and every license, depending on what the owner applied for, is issued and depends on how long a license the owner qualifies for. He added that moving forward, there have been some internal conversations with Staff about standardizing that and having one expiration date for all the licenses instead of a rolling calendar. That is not set in stone, and Staff is still working through the pros and cons of what that would look like, especially with the Staff that they have and the number of licenses and inspections that would have to happen within a time frame, whether that is six months or a year. Councilmember Moore asked to confirm that Staff is still doing a rolling calendar by application date. Mr. Thao confirmed that it is correct. Page 25 of 131 04/13/26 -12- DRAFT Mayor Pro Tem Kragness stated she remembered having a conversation that it made sense logistically to have a standardized date, but realistically, with the City Staff, it was not feasible at the time. Councilmember Jerzak added that if he went to the Department of Motor Vehicles and bought a one-year tab, he would not expect to get cut off if he had a three-year license, and common sense would say that when a license comes up, that is when people would renew them because they had already paid for the previous years. He noted that on page 88 of 298, it states, "It would essentially mean anyone with a three-year license would lose one year and would have to renew more frequently." That is misleading, and for context, someone cannot lose what they do not have. In participating with both the tenants and the landlords, it gets into the health, life, and safety, and into this trade-off, as inspections happen at the unit more frequently. A lot can happen in that third year, and if nobody calls in a complaint, there is a tendency for things to go, and that needs to be put into perspective. He added that he does not recall from the meetings that there was a lot of pushback about that. Mr. Thao asked if he was referring to the health, life, and safety piece of it, or inspections in general. Councilmember Jerzak stated that the health, life, and safety are the emphasis that the Council was concerned about because they talked ad nauseam about things that were not, but the Council was contributing to the number of inspections and corrections, which ultimately the tenants ended up bearing the cost of those things. He added that the Ordinance should not just be shuffling the chairs on the deck, and health, life, and safety needs to be consistent with the inspectors. He stated he does like the fact that Mr. Thao will be coming back to the Council to let them know what is working and what is not, and will not have to wait 15 years. Mayor Pro Tem Kragness stated for clarity that when the City goes from a three-year license to a two-year license, those property owners will not be losing a year. It is kind of like going to the store and buying something that is $100, and it is on sale for 50 percent off, and someone says they saved $50, but they actually spent $50. Councilmember Moore moved and Councilmember Jerzak seconded to approve a first reading of Ordinance amending Chapter 12, Section 12-901, 12-902, 12-906, 12-908, 12-910, 12-911 through 916, and Section 12-1504(4)(b) of the Brooklyn Center City Code of Ordinances regarding Rental Licensing and Vacant Property Exceptions within the City of Brooklyn Center. Motion passed unanimously. Councilmember Jerzak moved, and Councilmember Lawrence-Anderson seconded to schedule a second reading of the requested Ordinance amendment and Public Hearing for May 11, 2026. Motion passed unanimously. 11. COUNCIL REPORT Page 26 of 131 04/13/26 -13- DRAFT Councilmember Jerzak reported on his attendance at the following events and provided information on the following upcoming events: • Shared that he and Councilmember Moore attended a Highway 252 meeting on site between 70th and 72nd for the pedestrian bridge crossing proposal. He noted that MnDOT was there and made their full proposal, and there were a number of residents who live there and brought up their concerns. Some scheduled updates are coming up on the Highway 252 project, but he noted that the meeting was very respectful. He added that initially MnDOT wanted to meet on the other side of the park, and he had to ask them to come over and speak to everyone, but they were hesitant, and he asked them if it was because they could not hear anything, and MnDOT confirmed that was the reason. He continued that, for the record, when MnDOT came over, it was very difficult to have a conversation. This brings up the important question regarding noise mitigation because it would be impossible to sit on a patio in the nearby neighborhood with the freeway going through there. • Shared that he attended another Zoom meeting on Wednesday night with MnDOT regarding the Highway 252 project and was asked what the Council would need for presentations. • Shared that he attended with Councilmember Kragness the Fitbittors, as well as one-to-one meetings with Mr. Nyquist. Councilmember Moore reported on her attendance at the following events and provided information on the following upcoming events: • Shared that she attended the Highway 252 group meeting with residents, and it is important that the Council responds to them and participates when possible. • Shared that she attended a Fish Fry to benefit SEEP at the American Legion Maple Grove, which assists with basic needs for residents in Brooklyn Center. • Shared that she attended the Auxiliary Fire Benefit on Friday night with Councilmember Jerzak and Councilmember Kragness, and it is always humbling to be in a room of heroes who show up for everyone, every day, between the duty crew and the paid-on-call. She thanked the Fire Department for inviting the Council and for their service. 12. ADJOURNMENT Councilmember Moore moved, and Mayor Pro Tem Kragness seconded the adjournment of the City Council meeting at 7:55 pm. Motion passed unanimously. Page 27 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: THROUGH: BY: Bridget Doyle, Administrative Assistant SUBJECT: Approval of Licenses Requested Council Action: -Motion to accept licenses as presented. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances unless comments are noted below the property address on the attached rental report. Hospitality Accommodations License Baymont Inn & Suites 2050 Freeway Blvd Comfort Inn & Suites 2550 Freeway Blvd Embassy Suites 6300 Earle Brown Dr Fairfield Inn & Suites 6250 Earle Brown Dr Motel 6 2741 Freeway Blvd Quality Inn 1600 James Cir N Super 8 6445 James Cir N Travelodge Inn 6145 James Cir N Liquor Licenses Brothers Taqueria 6056 Shingle Creek Pkwy Wine On-Sale Mechanical Licenses A&E Heating & Air Conditioning 1841 161st LN NE Absolute Mechanical 7338 Ohms Lane Advanced Heating And Air Conditioning 10550 County Rd 81 AJ Mechanical LLC 8939 Kirkwood Cir N All Climate Mechanical 298 Coon Rapids Blvd NW API HVAC Services Inc 1001 Labore Industrial Court Blue Yeti Services LLC 6325 Cambridge St. Centerpoint Energy 6161 Golden Valley Rd Daikin Applied Americas Inc 13600 Industrial Page 28 of 131 Park Blvd Deans Home Services 6701 Parkway Cir Egan Company 11611 Business Park Blvd N Elk River Heating & Air Conditioning Inc. 11110 Industrial Cir NW Faircon Service Company 764 Vandalia St Falcon Mechanical 190 3rd st s Finch Home Solutions LLC 8555 123rd St W Forced Air Inc. DBA Wenzel Heating & Air Conditioning 4145 Old Sibley Hwy Forrest Heating LLC 588 Tower Rd Gr Mechanical 12401 Ironwood Circle #500 HAP E Homes 409 6th St W Heidelberger Enterprises Inc. 30132 105th St. NW Hendrickson and Sons Plumbing 71909 312th St Hero Home Services 10900 Hampshire Ave S HOME ENERGY CENTER 6901 East Fish Lake Road, #118 Home Express Delivery Service LLC 804 Valley Park Dr. Horwitz, LLC 7400 49th Ave N Hurlburt Heating & Plumbing 3501 W 145th St Install This Awning & Sign 4835 Lyndale Ave N JNS Co Inc 3731 Thurston Ave Joel Smith Heating & AC, Inc. 4672 236th Ln NE K & S Plumbing Llc 9572 Knox Ave N Logan Companies 13950 Radium Street Northwest Mad City Home Improvement Llc 2621 FAIRVIEW AVE N SUITE 2 Majestic Custom Heating & Air Conditioning 8800 Royal Ct Nw MAJOR MECHANICAL LLC 7601 NORTHLAND DRIVE N Massoglia Contracting Corp 264 119th Ave NE Master Mechanical, Inc 1027 Gemini Rd MCB Plumbing & Mechanical Inc. 2340 56th St NE Mechanical Air Systems 6995 20th Ave. South Mechanical Solutions Inc. PO Box 167 Metro Heating And Cooling 1220 Cope Ave E Page 29 of 131 Midwest Electric and Generator 10215 Twin Lakes Rd NW MK Mechanical Inc 23996 Olinda Trail N Modern Heating & A/c 2318 First Street Ne Nordic Services 11965 Larc Industrial BLVD #600 Northland Mechanical Contr 9001 Science Center Dr Owens Companies, Inc. 500 West 92nd Street Precision Point Plumbing 12315 61st Ave N Professional Mechanical Services, Llc 19640 200 Ave NW Pronto Heating & A/c 7415 Cahill Rd Pure Comfort Solutions MN LLC 16862 221st Ave NW Sddi Sign Systems 17125 Adelmann St. Se St Marie Sheet Metal 7940 Spring Lake Road NE St Paul Plumbing & Heating Co, (aka) Msp Plumbing, 640 Grand Ave St. Cloud Refrigeration 604 Lincoln Ave Ne Standard Heating & A/c 130 Plymouth Ave N Street Plumbing Inc. 1201 Cliff Road East Sun Mechanical Inc 10834 178th Circle The Fireplace Guys 680 Hale Ave N Thelen Plumbing Heating & Air 19950 177th St Tjk Plumbing 8633 Jefferson Hwy Total Home Solutions 1008 Prospect Pointe Rd Uhl Company Inc 9065 Zachary Lane N United States Mechanical, Inc 3526 88th Ave Ne Yale Mechanical 220 W 81st Street Sign Hanger's Indigo Signworks, Inc. 4133 Iowa St. Budget Issues: Page 30 of 131 Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. For Council Approval 4.27.26 FOR COUNCIL 3.31 to 4.14 2. Rental Criteria Page 31 of 131 Lo c a t i o n A d d r e s s L i c e n s e S u b t y p e R e n e w a l / I n i t i a l O w n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e P o l i c e C F S * Fi n a l Li c e n s e Ty p e * * Pr e v i o u s Li c e n s e Ty p e * * * Co n s e c u t i v e Ty p e I V ' s 32 1 2 6 3 r d A v e N S i n g l e I n i t i a l J B E C E R R A & M C H A V E Z 2 3 T y p e I V N / A T y p e I V N / A N / A 53 4 2 L o g a n A v e N S i n g l e I n i t i a l C i n d y A n n B e y e r 6 T y p e I I I N / A T y p e I I I N / A N / A 54 0 7 L y n d a l e A v e N S i n g l e I n i t i a l D u s t i n W a y n e M a s s i e 9 T y p e I I I N / A T y p e I I I N / A N / A 56 0 7 L y n d a l e A v e N S i n g l e I n i t i a l B R E T T R H I L D R E T H 0 T y p e I N / A T y p e I I N / A N / A 55 4 7 L y n d a l e A v e N Mu l t i p l e F a m i l y 1 B l d g 4 U n i t s R e n e w a l Z o e M H i l d r e t h 0 T y p e I 0 T y p e I T y p e I N / A 60 0 1 E a r l e B r o w n D r Mu l t i p l e F a m i l y 3 B l d g s 9 0 U n i t s R e n e w a l E v e r c a r e S e n i o r L i v i n g L l c 23 = 0 . 2 5 p e r un i t T y p e I 0 T y p e I T y p e I I N / A 61 2 1 B r o o k l y n B l v d Mu l t i p l e F a m i l y 1 B l d g 1 5 8 U n i t s R e n e w a l S a n c t u a r y B r o o k l y n C t r L p 23 = 0 . 1 5 p e r un i t T y p e I 0 T y p e I T y p e I N / A 67 0 0 H u m b o l d t A v e N Mu l t i p l e F a m i l y 4 B l d g s 5 4 U n i t s R e n e w a l M i m g C l x x x i v S t e r l i n g S q S u b 83 = 1 . 5 3 p e r un i t T y p e I I I 0 T y p e I I I T y p e I I I N / A 42 0 1 L a k e s i d e A v e N , # 1 1 6 C o n d o R e n e w a l C i n d y S B o h l e r 0 T y p e I 0 T y p e I T y p e I N / A 53 2 9 P e n n A v e N T w o F a m i l y R e n e w a l D o r o t h y R o u s e r 0 T y p e I 0 T y p e I T y p e I N / A 54 0 8 G i r a r d A v e N T w o F a m i l y R e n e w a l J D K P r e m i e r P r o p e r t i e s 0 T y p e I 0 T y p e I T y p e I V N / A 54 4 4 B r y a n t A v e N T w o F a m i l y R e n e w a l T r a i t e n G u n d e r s o n 4 T y p e I I 0 T y p e I I T y p e I I N / A 33 0 7 6 3 r d A v e N S i n g l e R e n e w a l R o s e m o n d C o l e m a n 0 T y p e I 0 T y p e I T y p e I I N / A 51 2 4 6 6 t h A v e N S i n g l e R e n e w a l D o m i n i c T M i n o r 5 T y p e I I 0 T y p e I I T y p e I I N / A 52 2 8 E w i n g A v e N S i n g l e R e n e w a l I h 2 P r o p e r t y I l l i n o i s L p 4 T y p e I I 0 T y p e I I T y p e I N / A 53 0 2 H u m b o l d t A v e N S i n g l e R e n e w a l M n s f I i W 1 L l c 4 T y p e I I 0 T y p e I I T y p e I I N / A 59 0 7 Y o r k A v e N S i n g l e R e n e w a l I n f i n i t e P r o p e r t y L L C 0 T y p e I 0 T y p e I T y p e I N / A 61 3 1 B r y a n t A v e N S i n g l e R e n e w a l J u n W a n g 2 1 T y p e I V 0 T y p e I V T y p e I I 0 62 2 0 P e r r y A v e N S i n g l e R e n e w a l M F & R M R e m t u l a 0 T y p e I 0 T y p e I T y p e I N / A Re n t a l L i c e n s e s f o r C o u n c i l A p p r o v a l 4 . 2 7 . 2 6 Pa g e 3 2 o f 1 3 1 68 3 6 D u p o n t A v e N S i n g l e R e n e w a l Q Z F u n d i n g L L C 3 T y p e I I 0 T y p e I I T y p e I I N / A 71 0 1 F r a n c e A v e N S i n g l e R e n e w a l K r i s K i e n z i e 1 T y p e I 0 T y p e I T y p e I N / A 72 1 2 L e e A v e N S i n g l e R e n e w a l Q i a n g K F a n g 6 T y p e I I I 0 T y p e I I I T y p e I V N / A *C F S = C a l l s f o r s e r v i c e f o r r e n e w a l l i c e n s e s o n l y ( I n i t i a l l i c e n s e s a r e n o t a p p l i c a b l e t o C F S a n d w i l l b e l i s t e d a s N / A ) ** L i c e n s e t y p e b e i n g i s s u e d ** * I n i t i a l l i c e n s e s w i l l n o t s h o w a T y p e I = 3 y e a r , T y p e I I = 2 y e a r , T y p e I I I = 1 y e a r , T y p e I V = 6 m o n t h s Al l p r o p e r t i e s a r e c u r r e n t o n c i t y u t i l i t i e s a n d p r o p e r t y t a x e s Pa g e 3 3 o f 1 3 1 Page 2 of 2 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 Page 34 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: Kory Andersen Wagner, Public Works Planner THROUGH: Elizabeth Heyman, Director of Public Works BY: Kory Andersen Wagner, Public Works Planner SUBJECT: Resolution Authorizing the Application and Execution of the Agreement to Redevelop Soccer Facilities at West Palmer Park under the Provisions of the Hennepin Youth Activities Grants Program Requested Council Action: - Motion to Approve a Resolution Authorizing the Application and Execution of the Agreement to Redevelop Soccer Facilities at West Palmer Park under the Provisions of the Hennepin Youth Activities Grants Program. Background: The City is preparing to apply to the Hennepin County Youth Activities Grants Program for the West Palmer Park Soccer Field Redevelopment project. The request is for $300,000 in Play Area funding to support direct soccer-field capital costs at West Palmer Park, including site preparation, drainage and drain tile improvements, irrigation, turf establishment, fencing, and related construction. West Palmer Park’s existing ballfield area has longstanding flooding and usability problems. The broader West Palmer Park redevelopment would convert the underutilized flood-prone ballfield area into improved soccer fields while also advancing related site and wetland work through separate funding sources. The broader project is currently estimated at approximately $1,000,000. The City’s 2025 Park Capital Investment Plan and subsequent community engagement, which reached more than 1,000 residents, found strong support for improved athletic facilities and additional soccer opportunities. City soccer outreach materials also indicate that soccer fields are among the most-used amenities, that field rentals have grown significantly in recent years, and that Brooklyn Center has a documented deficit of at least six soccer fields based on NRPA standards. Hennepin County Youth Sports Program: The Hennepin Youth Activities Grants Program awards funds to local governments to improve youth access to sports and recreational activities. For the current application, staff are pursuing the Play Area grant opportunity, which can award up to $300,000 for the creation, expansion, and improvement of youth sports and play facilities. If awarded, the grant would support the soccer play area component of the broader West Palmer Park redevelopment. Other project elements outside the eligible HCYAG scope, including wetland restoration and other non-soccer improvements, would be Page 35 of 131 funded separately. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. West_Palmer_HCYAG_Resolution Page 36 of 131 Member _____________ introduced the following resolution and move its adoption RESOLUTION NO. _______________ RESOLUTION AUTHORIZING THE APPLICATION AND EXECUTION OF AGREEMENT TO REDEVELOP SOCCER FACILITIES AT WEST PALMER PARK UNDER THE PROVISIONS OF THE HENNEPIN YOUTH ACTIVITIES GRANTS PROGRAM WHEREAS, the Hennepin County Board of Commissioners, through the Hennepin Youth Activities Grants Program, provides capital funds to assist local units of government for the development, improvement, or rehabilitation of youth sports and recreation facilities; and WHEREAS, the City of Brooklyn Center (the "City") owns and operates West Palmer Park, where the existing ballfield area has been limited by chronic flooding and changing recreational demand; and WHEREAS, the City’s 2025 Park Capital Investment Plan and subsequent community engagement identified strong support for improved soccer facilities, and later soccer outreach materials documented growing demand and a deficit of soccer fields in Brooklyn Center; and WHEREAS, the broader West Palmer Park redevelopment project is estimated at approximately $1,000,000, and the City seeks $300,000 from the Hennepin Youth Activities Grants Program for the soccer play area redevelopment component; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council approves the submission of an application to the Hennepin Youth Activities Grants Program in the amount of $300,000 for the West Palmer Park Soccer Field Redevelopment project. 2. The City affirms that West Palmer Park and the improved soccer facilities will remain publicly owned and publicly accessible. 3. The City affirms that it will own, operate, and maintain the improved soccer facilities for their functional life, estimated to be at least twenty (20) years, and will not convert them to a non- public or non-recreational use during that period without prior written approval from Hennepin County. 4. The City Manager and the Director of Public Works, or their designees, are authorized to execute the grant application, the grant agreement, and any related documents or amendments necessary to complete the project. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Page 37 of 131 whereupon said resolution was declared duly passed and adopted. Page 38 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: Lydia Ener, City Engineer THROUGH: Elizabeth Heyman, Director of Public Works BY: Lydia Ener, City Engineer SUBJECT: Resolution Authorizing Execution of an Agreement, Project No. 2026-29, Brooklyn Center Community Center Pool Requested Council Action: - Motion to Approve a Resolution Authorizing Execution of an Agreement, Project No. 2026-29, Brooklyn Center Community Center Pool Background: City staff solicited proposals for and received five consultants that would be able to provide the professional services necessary. A five-person team made up of City staff and Owner Representatives from Element evaluated and ranked the proposals and interviewed top candidates. Based on project understanding, work plan, experience, team, and fees, Ramaker is recommended to provide the needed professional services. Ramaker is available to start immediately to proceed with the project. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. Ramaker Resolution Page 39 of 131 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2026-29, BROOKLYN CENTER COMMUNITY CENTER POOL PROJECT WHEREAS, the City’s Capital Improvement Program identifies the Brooklyn Center Community Center Pool Project; and WHEREAS, a professional services agreement has been negotiated with Ramaker, to provide the consultant design and engineering services needed to perform said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute an agreement with Ramaker, in the amount of $180,000.00 to provide consultant design and engineering services for the Brooklyn Center Community Center Pool Project. April 27, 2026 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 40 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: Lydia Ener, City Engineer THROUGH: Elizabeth Heyman, Director of Public Works BY: Lydia Ener, City Engineer SUBJECT: Resolution Authorizing Execution of a Construction Services Agreement, Project No. 2026-29 Requested Council Action: - Motion to Approve Resolution Authorizing Execution of a Construction Services Agreement, Project No. 2026-29 Background: City staff solicited proposals for and received six consultants that would be able to provide the professional services necessary. A five-person team made up of City staff and Owner Representatives from Element evaluated and ranked the proposals and interviewed top candidates. Based on project understanding, work plan, experience, team, and fees, H+U Construction is recommended to provide the needed professional services. H+U Construction is available to start immediately to proceed with the project. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. H+U Resolution Page 41 of 131 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 2026-29, BROOKLYN CENTER COMMUNITY CENTER POOL PROJECT WHEREAS, the City’s Capital Improvement Program identifies the Brooklyn Center Community Center Pool Project; and WHEREAS, a professional services agreement has been negotiated with H+U Construction, to provide the construction management services needed to perform said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute an agreement with H+U Construction, in the amount of $382,888.00 to provide construction management services for the Brooklyn Center Community Center Pool Project. April 27, 2026 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 42 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: THROUGH: BY: Shannon Pettit, City Clerk SUBJECT: Updated 2026 Fee Schedule Requested Council Action: - Motion to approve the 2026 Fee Schedule with Updates Background: It was brought to the attention of the staff that a few typos and the addition of the Hospitality Accommodation License fees within the document: Low Potency Hemp Products - Fee was not included in the document Utility Services - Fees were not reflective of the approved Resolutions in 2025. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 2026 FEE SCHEDULE 4.21.26 Page 43 of 131 2026 FEE SCHEDULE Approved 4.27.2026 Page 44 of 131 Introduction In March 1987, the Brooklyn Center City Council approved an amendment to the City Ordinances that removed the fees for licenses and permits from the City Ordinances and established fees by Council resolution. The resolutions establishing fees for licenses and permits were collated into the following fee schedule, and it is updated whenever fees are amended, or new fees are established. It provides a means by which fees for permits, licenses, and miscellaneous services are incorporated into one document to aid employees who need to collect fees or provide public information regarding fees. Fees for licenses and permits are set forth by Council resolution. Fees for copies, research projects, maps, and ordinances are generally set by the City Manager. Fees relating to the Community Center can be obtained directly from the Recreation Department and are not included in this fee schedule. Fees relating to the Centerbrook Golf Course can be obtained directly from the Centerbrook Golf Course and are not included in this fee schedule. Fees relating to the Heritage Center of Brooklyn Center can be obtained directly from the Heritage Center and are not included in this fee schedule. Page 45 of 131 Table of Contents City Clerk’s Office Licenses/Registrations Licenses Amusement Device .......................................................................................................................... 1 Animals ........................................................................................................................................... 1 Bowling Alley ................................................................................................................................... 1 Christmas Tree ................................................................................................................................. 1 Cannabis Retailer Registration…………………………………………………………………………………………………………. 1 Cannabis Civil Penalties………………………………………………………………………………………………………………………. 1 Entertainment .................................................................................................................................1 Filling Station ...................................................................................................................................1 Filming & Photography ....................................................................................................................1 Fireworks .........................................................................................................................................1 Garbage/Rubbish Collection ............................................................................................................1 Hospitality .......................................................................................................................................1 Liquor – Civil Penalties ………………………………………………………………………………………………………………… 1 Liquor-Consumption and Display .................................................................................................... 2 Liquor – Off-Sale 3.2 Malt Liquor .....................................................................................................2 Liquor – Off-Sale Brew Pub ..............................................................................................................2 Liquor – Off-Sale Microdistillery .......................................................................................................2 Liquor – Off-Sale Small Brewer License ............................................................................................2 Liquor – On-Sale 3.2 Malt Liquor .....................................................................................................2 Liquor – On-Sale Brew Pub ...............................................................................................................2 Liquor – On-Sale Brewer Taproom ...................................................................................................2 Liquor – On-Sale Club .......................................................................................................................2 Liquor – On-Sale Intoxicating ...........................................................................................................2 Liquor – On-Sale Microdistillery Cocktail Room ................................................................................2 Liquor – On-Sale Sunday Sales .........................................................................................................2 Liquor – On-Sale Temporary ............................................................................................................2 Liquor – On-Sale Wine .....................................................................................................................2 Massage Establishment ...................................................................................................................2 Motor Vehicle Dealer .......................................................................................................................3 Pawnbroker .....................................................................................................................................3 Rap Parlor, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, Escort Service, Model Services, Dancing Services, or Hostess Services ..............................................................................................3 Saunas or Sauna Baths ....................................................................................................................3 Secondhand Goods Dealer ...............................................................................................................3 Sign Hanger .....................................................................................................................................3 Special Events ..................................................................................................................................3 Taxicab ............................................................................................................................................3 Tobacco Related Products ...............................................................................................................3 Page 46 of 131 Table of Contents Community Development Permits/Licenses Permits/Licenses Building and Fire Protection ............................................................................................................4 Cesspool Cleaning............................................................................................................................5 Courtesy Bench ................................................................................................................................ 5 Demolition ....................................................................................................................................... 5 Electrical Residential ....................................................................................................................... 5 Electrical Commercial ...................................................................................................................... 6 Flood Plain Use ................................................................................................................................ 7 House moving ................................................................................................................................. 7 Land Disturbing Activities ................................................................................................................ 7 Mechanical Systems License ............................................................................................................ 7 Mechanical Systems ........................................................................................................................ 7 Planning Commission Fees .............................................................................................................. 7 Plumbing ......................................................................................................................................... 8 Rental .............................................................................................................................................. 8 Right-of-Way ................................................................................................................................... 8 Sign ................................................................................................................................................. 8 Miscellaneous Abatement Application…….. .......................................................................................................... 9 Abatement .................................................................................................................................... 9 Accident Reports (Police) .............................................................................................................. . 9 Administrative Penalty System Fees ............................................................................................. . 9 Appeal Filing Fee – Chapter 12 and Chapter 19 ........................................................................... . 9 Accessory Dwelling Unit (ADU) Administrative Review ................................................................ . 9 Beekeeping Registration ............................................................................................................... . 9 Copy Charges ................................................................................................................................ 10 Dogs ..............................................................................................................................................10 Fingerprinting (Police .................................................................................................................... 10 Franchise (Natural Gas) ................................................................................................................. 10 Franchise (Electric) ........................................................................................................................ 11 Hearing Request Deposit .............................................................................................................. 11 Inspections .................................................................................................................................... 11 Intoxilyzers Logs (Police) ................................................................................................................ 11 Lot Combination ............................................................................................................................ 11 Maps ............................................................................................................................................. 11 NSF Check ...................................................................................................................................... 11 Opportunity Site Stormwater Fee ................................................................................................. 12 Police Reports ............................................................................................................................... 12 Public Subsidy Application Fee ...................................................................................................... 12 PUD Amendment (Minor) ............................................................................................................. 12 Page 47 of 131 Right of Way Registration ............................................................................................................. 12 Site and Building Plan Amendment (Minor) ................................................................................. 12 Special Assessment Charge for Unpaid fine amounts that are assessed...................................... 12 Special Assessment Interest Rate ................................................................................................. 12 Special Computer Search (Police) ................................................................................................. 12 Subdivision (Minor) ....................................................................................................................... 12 Support Services……………………………………………………………………………………………………………………………12 Tow to City Property (Police) ........................................................................................................ 12 Tree Contractor Registration ........................................................................................................ 12 Tree Removal ................................................................................................................................ 13 Vacant Building Registration ........................................................................................................ 13 Vacation – Street, Alley, Easement (Engineering) ........................................................................ 13 Video Taping Duplicating (Police) ................................................................................................. 13 Weed Inspection ........................................................................................................................... 13 Well Water Test ............................................................................................................................. 13 Zoning Letter ................................................................................................................................. 13 Utility Recycling Utility (Quarterly rates) ................................................................................................. 14 Sanitary Sewer Utility (Quarterly rates) ........................................................................................ 14 Storm Sewer Utility (Quarterly rates) ........................................................................................... 14 Street Light Utility (Quarterly rates) ............................................................................................. 14 Street and Storm Drainage Special Assessment Rates Partial Street Reconstruction ..................................................................................................... 15 Pavement Rehabilitation ............................................................................................................ 15 Water and Sanitary Sewer Connection ......................................................................................... 15 Water Utility (Quarterly rates) ..................................................................................................... 16 Appendix A Opportunity Site Stormwater Map ............................................................................................ 17G Page 48 of 131 Page 1 City Clerk’s Office Licenses License Type Annual Fee/ Renewal Fee Expiration City Code Reference Amusement Device $15/location, plus $15/machine $10/ride June 30 23-2101 Operator Kiddie Ride Minn. Stat. Res. 87-31 Animals (Cats and Dogs) Commercial Kennel Res. No. 97-180 $100 September 30 1-102 Bowling Alley Res. No. 97-180 $20/alley December 31 23-209.01 Cannabis Registration Cannabis Mezzobusiness Cannabis Microbusiness Cannabis Retailer Lower Potency Hemp Edible Retailer Medical Cannabis Combination Business Municipal Cannabis Retailer Temporary Cannabis Event Permit Res. No. 2025-41 $500/$1000 $125/$1000 $500/$1000 $125/$125 $500/$1000 $500/$1000 $100 application fee Additional fees may be charged One Year from the Date of Issuance 23-2709 Minn. Stat. 342.11 23-2750 Minn. Stat Cannabis- Civil Penalties Offense Civil Fine Suspension/Rev 1st Offense…… $1000 ……. None 2nd Offense…. $1250 ……. None 3rd Offense…. $1500 ……. 7 day Suspension 4th Offense……. $2000 …… 30 day Suspension Res. No. 2025-41 23-2717 Minn. Stat. 342.22 Christmas Tree Sales Deposit Res. No. 97-180 $60/lot $100/lot January 5 23-1301 Entertainment Res. No. 2020-17 $300 December 31 23-301 Filling Station First Nozzle/Hose Each Additional Nozzle/Hose Res. No. 2023-115 $100 $15 December 31 23-402 Filming & Photography $400 23-2500 Ord. No. 2017-02 Fireworks Temporary Stand Permanent Structure Res. No. 2004-65 $350/location $100/location December 31 19-403 Garbage and/or Rubbish Collection Company Vehicle Res. No. 2023-115 $250 $50 June 30 7-103 Hospitality Accommodation License Investigation Res. No. 2026-038 $200/$200 $150 April 30 23-2405 Liquor – Civil Penalties Offense Civil Fine Suspension/Rev 1st Offense…….$ 500……… None 2nd Offense…… $1,000 ....... 1-day Suspension 3rd Offense…… $1,500 ........3-day Suspension 4th Offense…… $2,000 ....... 5-day Suspension 5th Offense…… $2,000………Revocation Res. No. 2019-116 11-107 Liquor-Investigation $150 Page 49 of 131 Page 2 License Type Annual Fee Expiration City Code Reference Liquor – Consumption and Display Temporary (maximum 10 days for City) Res. No. 2017-203 $300 $25 December 31 N/A 11-106 Liquor – Off-Sale Brew Pub Res. No. 2017-203 $200 December 31 11-106 Liquor – Off-Sale Microdistillery Res. No. 2017-203 $200 December 31 11-106 Liquor – Off-Sale Small Brewer License Res. No. 2017-203 $200 December 31 11-106 Liquor – On-Sale 3.2 Malt Liquor Temporary Res. No. 2017-203 $500 $10/day December 31 N/A 11-106 Liquor – On-Sale Brew Pub On-Sale Intoxicating On-Sale 3.2 Percent Malt Liquor Res. No. 2017-203 $6,500 $500 December 31 11-106 Liquor – On-Sale Brewer Taproom Res. No. 2017-203 $600 December 31 11-106 Liquor – On-Sale Club Up to 200 members 201-500 members 501-1,000 members 1,001-2,000 members 2,001-4,000 members 4,001-6,000 members Over 6,000 members Res. No. 2017-203 $300 $500 $650 $800 $1,000 $2,000 $3,000 December 31 11-106 Liquor – On-Sale Intoxicating Res. No. 2017-203 $6,500 December 31 11-106 Hotels & Clubs $6,500 The Heritage Center of Brooklyn Center $5,000 Culinary Class $100 Liquor – On-Sale Microdistillery Cocktail Room Res. No. 2017-203 $600 December 31 11-106 Liquor – On-Sale Sunday Sales Res. No. 2017-203 $200 December 31 11-106 Liquor – On-Sale Temporary Maximum 3 consecutive days; no more than 12 days per year Special Event Permit Maximum 10 consecutive days; no more than 40 days per year $25/per day $25/per day 11-106 Liquor – On-Sale Wine Res. No. 2017-203 $2000 December 31 11-106 Massage Establishment Establishment Investigation – Establishment Masseur/Masseuse Investigation –Masseur/Masseuse Res. No. 87-31 $500 initial, $200 renewal $150 $100 $50 December 31 23-1703 Page 50 of 131 Page 3 License Type Annual Fee Expiration City Code Reference Motor Vehicle Dealer Class A Class B Res. No. 97-180 $250 $75 April 30 23-1202 Pawnbroker Establishment Investigation Res. No. 2004-101 $3,000 $1,500 December 31 23-603 Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, Escort Services, Model Services, Dancing Services, or Hostess Services Investigation Res. No. 87-31 $1,500 $1,500 December 31 23-1804 Saunas or Sauna Baths Establishment Investigation Res. No. 87-31 $3,000 $1,500 December 31 23-1602 Secondhand Goods Dealer Investigation Res. No. 98-227 $750, plus $1.50 per Reportable transaction $1,500 December 31 23-652 Sign Hanger Res. No. 97-180 $60 April 30 34-160 Special Events $100 application fee Additional fees may be charged 23-2600 Res. No 2022-25 Taxicab Res. No. 2004-101 $100/vehicle December 31 23-702 Tobacco Related Products License Fee Investigation Res. No. 2023-115 $300 $150 December 31 23-101 Page 51 of 131 Page 4 Community Development Permits/Licenses Permit Type Fee City Code Reference Building and Fire Protection Valuation $1 to $1,000 Valuation $1,001 to $2,000 $49.50 for the first 1,000 plus $3.25 for each additional $100 or fraction thereof, to and including $2,000 3-103 Res. No. 2018-09 Valuation of$2,001 to $25,000 $82.00 for the first $2,000 plus $14.85 for each additional $1,000 or fraction thereof, to and including $25,000 Valuation of $25,001 to $50,000 $423.55 for the first $25,000 plus $10.70 for each additional $1,000 or fraction thereof, to and including $50,000 Valuation of $50,001 to $100,000 $691.05 for the first $50,000 plus $7.45 for each additional $1,000 or fraction thereof, to including $100,00 Valuation of $100,001 to $500,000 $1,063.55 for the first $100,000 plus $6.00 for each additional $1,000 or fraction thereof, to and including $500,00 Valuation of $500,001 to $1,000,000 $3,463.55 for the first $500,00 plus $5.10 for each additional $1,000 or fraction thereof, to and including $1,000,000 Valuation of $1,000,001 and up $6,013.55 for the first $1,000,000 plus $4 for each additional $1,000 or fraction thereof Plan Check Fee Investigation Fee 65% of the amount of the permit fee Same amount as building permit fee Residential Siding Replacement up to 4 units $150 per unit Residential Siding Replacement up to 4 units $150 per unit not including flat roofs Residential Solar Panel Installation Egress Window $200 $100 up to two windows; $150 for 3 more Window or Door Replacement Residential Deck $100 up to two windows, $150 for 3 or more up to 120 sq ft $150; over 120 sq ft $250 Residential Driveway (non-ROW) Residential Fence Inter-Agency Inspections (MDH or DHS) $25 $25 $150 Residential Dwelling Conversion to Assisted Living $500 M.S. 326B.103 Page 52 of 131 Page 5 Permit Type Fee City Code Reference Cesspool Cleaning Permit $18.75 7-502 Res. No. 87-32 Courtesy Bench 23-902 Permit $50/bench 23-903 Inspection $50/bench Res. No. 2007-47 Demolition Residential Commercial $75 $150 23-1501 Res. No. 2005-65 Electrical Minimum Fee for one inspection trip $50 per trip 3-103 Res. No. 2020-20 Two trip fee (Every job where wiring will be covered needs a rough-in and final inspection. Examples: remodel or new bath, kitchen, porch, basement, laundry, detached garage, swimming pool, etc.) $100 (includes two inspections) Service changeout $110 Temporary service $55 Service changeout with one or two remodeled or added rooms $160 includes two inspections Subpanel change out $50 New or major remodel of apartment or condominium (this includes main service, feeders, house panel, circuit breakers, and temp power) $100 per unit Residential maximum (includes new houses, townhouses, remodels with 50% or more of the lights, receptacles and switches being replaced $190 includes three inspections Outside electrical reinstalled after siding replacement, house, duplex, triplex, four-plex, attached townhouses, and apartments $50 first unit plus $25 each additional unit Electronic inspection fee for these items only: furnace, air conditioning, bath fan, fireplace, or receptacle for water heater vent. Must email require pictures. $40 Solar fees for PV System: Residential & Commercial 0 – 5,000 watts 5,001 – 10,000 watts 10,001 – 20,000 watts 20,001 – 30,000 watts 30,001 – 40,000 watts $90 $150 $225 $300 $375 plus $25 for each additional Page 53 of 131 Page 6 Commercial Electrical Permit Fee Calculation Description Valuation $1 to $1,000 Fee calculation $60.00 Per Trip Valuation $1,001 to 2,000 $60.00 for the first $1,000 plus $3.25 for each additional $100 or fraction thereof, to and including $2,000 Valuation $2,001 to $25,000 $82.00 for the first $2,000 plus $14.85 for each additional $1,000 or fraction thereof, to and including $25,000 Valuation $25,001 to $50,000 $423.55 for the first $25,000 plus $10.70 for each additional $1,000 or fraction thereof, to and including $50,000 Valuation $50,001 to $100,000 $691.05 for the first $50,000 plus $7.45 for each additional $1,000 or fraction thereof, to and including $100,000 Valuation $100,001 to $500,000 $1,063.55 for the first $100,000 plus $6.00 for each additional $1,0001,000 or fraction thereof, to and including $500,000 Valuation $500,000 to $1,000,000 $3,463.55 for the first $500,000 plus $5.10 for each additional $1,000 or fraction thereof, to and including $1,000,000 Valuation $1,000,000 and up $6,013.55 for the first $1,000,000 plus $4 for each additional $1,000 or fraction thereof Re-inspection Fee (in addition to all other fees) $60.00 Investigation Fee (working without a permit) The fee is doubled Refunds issued only for permits over $120.00 State Surcharge is .0005 times the project value: $ Total Permit Fee Submitted: $ Minimum fee permits expire in 6 months. Permits over the minimum fee and up to $1,000 expire in 12 months from the filing date. A service charge of $35.00 will be added for all dishonored checks. Page 54 of 131 Page 7 Permit Type Fee City Code Reference Flood Plain Use Up to 1 acre 1 acre to 5 acres $50 $50/acre 35-2182 Res. No. 2005-65 Over 5 acres $250 plus $37.50 per acre for each acre or fraction thereof over 5 acres House moving 23-1501 Permit $200 Res. No. 2005-65 Code Compliance Review Prior to Moving Structure $100 into City Land Disturbing Activities Permit Res. No. 2005-162 $50 35-7900 Mechanical Systems License Res. No. 97-180 $60 April 30 23-1500 Mechanical Systems Valuation $0 to $500 Valuation $501 to $50,000 Valuation Over $50,000 Res. No. 2018-09 $75 $75 plus 2% of value of any amount in excess of $500 $1,012.50 plus 1% of value of any amount in excess of $50,000 3-103 Mechanical Plan Review (only when submitted without a building permit) 65% of base permit fee 2” and less diameter pipe 1-3 fixtures Additional openings $5.75 each $2.50 each 2” and over diameter pipe 1-3 fixtures Additional opening $15 each $3.25 each Residential Air Conditioner Installation Residential Air Conditioner & Furnace Installation Residential Boiler or Fireplace up to 4 units Residential Furnace Installation Residential Gas Stove or Dryer up to 4 units $75 $125 $75 $100 $75 Planning Commission Fees - For all Planning Commission Applications, a refundable escrow of $1,000 will be added to the fee to cover any additional costs associated with the review of the application. Additional escrows may be required subject to the determination of the City Planner. Zoning Code Text Amendment Rezonings Site and Building Plan and Major Amendments Preliminary Plat Final Plat Variance $500 $1,050 $750 $400 $200 $200 35-71300 35-71300 35-7600 35-8106 35-8107 35-71000 Interim Use Permit (IUP) $250 35-7800 IUP Extension/Amendment $150 35-7800 Conditional Use Permit (CUP) $250 35-7700 CUP Amendment $250 35-7700 Permit Appeal $200 35-7300 Planned Unit Development (PUD) $1,800 35-8300 PUD Amendment - Major $700 35-8300 Comprehensive Plan Amendment $1,050 35-71200 Page 55 of 131 Page 8 Permit Type Fee City Code Reference Plumbing Minimum Fee Res. No. 2018-09 $75 3-103 Repair or alteration of existing system New residential or commercial building 2% of estimated cost 2% of estimated cost Plumbing Plan Review (only when submitted without a building permit) 65% of base permit fee Residential Water Heater up to 4 units $85 Residential Water Softener up to 4 units Residential Water Heater and Softener up to 4 units $85 $85 Plumbing Fixtures $75 up to 3 fixtures; $15 for each additional RPZ Installation/Rebuild $50 (plus $1 state surcharge) RPZ Test $25 (plus $1 state surcharge) Rental Single Family Dwelling Initial License/New Owner Res. No. 2005-152 $400 12-901 Renewal License (no change in license holder) $300 Two Family Dwelling Each Rental Unit $200 Multiple Family Dwelling Each Building $200 Each Unit Minimum Base Fee $18 License Reinstatement $450; Res. No. 2011-65 12-910 Conversion to Rental A residential property converted to a rental property, or a registered residential vacant building re- occupied as a rental property. This applies to lawful single-family and Single-family attached dwellings. $500; Res. No. 2008-150 12-902 Right-Of-Way Administration Fee Excavation Fee Obstruction Fee Res. No. 2018-42 $100 per permit $250 per permit $200 per permit 25-1009 Pole Attachment Fee Extension $1,500 per site $50 per permit Penalties: Delay Penalty $50/day for pavement; $25/day for boulevard/turf Sign 50 sq. ft in area or less Over 50 sq. ft in area Minimum Fee Footing inspection, when required Res. No. 2005-65 $50 $50/1st 50 sq. ft and $15.00 for each additional 50 sq. ft or fraction $50 $50 35-6000 Temporary Sign $25 Page 56 of 131 Page 9 Miscellaneous Services Service Fee Abatement Application (Assessing) Taxpayer caused only (others no charge) $45 Abatement (City-Facilitated)/Administrative Service Charge $999 or less $1,000 or Higher Res. No. 2008-150 $75 $75 Accident Reports (Police) < 10 pages no charges $0.25 per page $0.15 per page, if subject of data $0.50 per report, commercial user [defined as a user who requests access to more than five reports per month M.S. § 169.09, Subd. 13(5) (f)] Administrative Penalty System Fees Level 1 Level 2 Level 3 - 1-4 Units - 5+ Units $50 $100 $300 $500 Maximum fine total amount cannot exceed $2,000 per assessment period. Fine cannot be doubled and issued per day. Violation Type (Ordinance reference) Waste container setback violation (7-102) and Vehicle storage (19-103.14) Local Traffic and Parking (27) All other city code violations, designated as a misdemeanor or petty misdemeanor Animal (1-130 & 1-140) Failure to register a vacant property (12-1500) Failure to obtain a permit or license Level 1 1 2 2 3 Appeal Filing Fee – Chapters 12 and 19 $50 Res. No. 2005-65 Alarm Fire Elevator Nuisance Call Failure to Repair Alarm Panel Food Truck Inspection & Certification (Fees starting January 1st, 2026) 1st – 3rd No charge 4th -- $150 5th - $300 After 5th, each alarm increases by $100 1-3 every 30 days – No Charge Each call afterwards $150 10th Day - $100 Every day after increases by $100 $100 Police 1 -4 - No charge 5th - $50 After 5th alarm, each alarm increases by $25 Res. No. 93-233 Accessory Dwelling Unit (ADU) Administrative Review $100 Beekeeping Registration $40 Res No. 2019-26 Page 57 of 131 Page 10 Service Fee Copy Charges for Public Government Data Requests Not from the Data Subject 100 Pages or Fewer Black and White Photocopies 8.5 x 11 or 8.5 x 14 Two-Sided Copy (8.5 x 11 or 8.5 x 14) All Other Public Government Data Requests The city will charge the requester actual costs of searching for and retrieving the data, including the cost of employee time, and for making, certifying, compiling, and transmitting copies of the data or the data themselves Exception: There will be no charges for searching, retrieving, compiling, and electronically transmitting readily available data Minn. Stat. 13.03, Subd. 3 (c) < 10 pages no charge $0.25 $0.50 Actual Costs Labor – $0.40 per minute Paper – $0.01 per sheet Black/White Photocopier – $0.01 per page Color Photocopier - $0.07 per page Black/White Printer – $0.02 per page Color LaserJet Printer – $0.09 per color page Other Actual Costs that may or may not be included – refer to the document Fees for Providing Copies of Public Government Data compiled by the State of Minnesota, Department of Administration, Information Policy Analysis Division at www.ipad.state.mn.us or 651-296-6733 Total Actual Costs require that you add labor cost at $0.40 per minute to the supply and materials costs to establish total actual costs Copy Charges for Public Government Data Requests by the Subject of Data When the requester is the subject of the data, the city will not charge for searching for and retrieving data. The requester will be charged the actual costs associated with making, certifying, compiling, or transmitting copies of the data themselves. Exception: There will be no charge for compiling and electronically transmitting readily available data. Actual Costs <10 pages no charge $0.15 per page Dogs Registration – Dangerous and Potentially Dangerous Contest Declaration Hearing Fee Review Declaration Hearing Fee Contest Sterilization Requirement for Potentially Dangerous Boarding Fee Impounding Penalty $35/annual Res. No. 2004-132 $250 Res. No. 2014-43 $100 Res. No. 2014-43 $250 Res. No. 2015-31 Joint & Cooperative Agreement with PUPS $31/day Fingerprinting (Police) Brooklyn Center resident or Brooklyn Center business owner and/or owner’s employees (Saturday 1:00 pm to 7:00 pm) $10/card Franchise (Natural Gas) Residential Commercial A Commercial Industrial B Commercial C SVDF A SVDF B LVDF Ord. No. 2019-03 $1.66/month $1.74/month $5.63/month $22.50/month $56.23/month $107.96/month $107.96/month Page 58 of 131 Page 11 Service Fee Franchise (Electric) Ord. No. 2023-08 Residential $1.65/month Small Commercial & Industrial – Non-Demand $4.25/month Small Commercial & Industrial – Demand Large $22.75/month Commercial & Industrial $103.00/month Public Street Lighting $13.50/month Municipal Pumping – Non-Demand Municipal Pumping – Demand $13.50/month $13.50/month Hearing Request Deposit $50 Inspections Fire Inspection, Commercial Initial Inspection First Re-Inspection Second Re- Inspection Third Re- Inspection Fourth and Subsequent Re-Inspections Fire Inspection, Daycare Re-inspection A re-inspection fee for the second re-inspection and each subsequent re-inspection shall be collected from the applicant, owner, or responsible party. Properties with 1 to 3 units Properties with 4 or more units Re-Occupancy Inspection - A property maintenance re-occupancy inspection fee is required for registered vacant buildings. Apartment/Condo Townhome Single Family Duplex (same owner) Triplex (same owner) Fourplex (same owner) Res. No. 2011-55 No Charge No Charge $100 $150 $200 $50/each Res. No. 2009-130 Res. No. 2008-150 $100 $100 for each common area, plus $50 for each unit/Res. No. 2008-151 $115 $195 $195 $275 $415 Res. No. 2009-29 $550 Res. No. 2009-29 Intoxilyzers Logs (Police) $5/page Lot Combination $100 Maps 8 ½ x 11 8 12 x 11 with Imaging (aerials) 11 x 17 11 x 17 with Imaging (aerials) 24 x 24 24 x 24 with Imaging (aerials) 23 x 36 23 x 36 with Imaging (aerials) $3 $5 $4 $6 $10 $15 $15 $25 NSF Check (Finance) $30 Opportunity Site Stormwater Fee (per acre of developable property See Appendix A for map $97,250.18 Page 59 of 131 Page 12 Service Fee Police Reports (Police) < 10 pages no charge $0.25 per page $0.15 per page, if subject of data $0.50 per page, commercial user PUD Amendment (Minor) $350 Public Subsidy Application Fee $3,000 Escrow for consulting services related to review of application $10,000 Site and Building Plan Amendment (minor) $375 Special Assessment Charge for unpaid fine amounts that are specially assessed $30 Special Assessment Interest Rate Tall Grass Abatement Tree Abatement Administrative Penalty/Citations Administratively Register Vacant Building Abatement Costs Res. No. 2025-112 6.6 Percent (6.6%) 0% 0% 0% 0% 0% Special Computer Search (Police) $7/each address Subdivision (Minor) $300 Support Services Street Closure – Weekend Street Closure – Weekday Electrical Supply Check Street Sweeping City Personnel (cost per hour) Minimum 2-hour employee call in for police, 2.5-hours for Public Works Firefighter Police Officer Community Service Officer Public Works General Laborer Public Works Supervisor Vehicles (Cost per hour) Boom Truck Dump Truck Fire Truck Mobile Command Garbage Truck Pick-Up Truck Permits & Licenses Parade Permit No Parking Signs Additional Park Maintenance Delivery of Additional Equipment Additional Trash Removal $500 $275 $36/hour $36/hour $25.00/hour $105/hour $26.66/hour $40/hour ($60/hour overtime) $40/hour ($60/hour overtime) $90/hour $90/hour $175/hour $100/hour $36/hour $36/hour $0 $36/hour $36/hour $36/hour $36/hour Tow to City Property (Police) Tow charge plus $15 admin fee Tree Contractor Registration Res. No. 2000-09 $35 Page 60 of 131 Page 13 Service Fee Tree Removal Each non-assessed diseased tree /stump removed (by agreement) Special Assessment Service Charge Capitalized interest charge (assessed trees only) $50 $30/parcel in which a special assessment is levied $30/per tree Vacant Building Registration An annual registration fee shall be collected from the applicant, owner, or the party responsible. The categories shall apply to residential properties of 4 or fewer units: Category 1 – property vacant for less than 1 year and does not have any code violation or has not been issued a compliance notice for code violations. Category 2 – property vacant for less than 1 year and has a code violation(s) or has been issued a compliance notice for code violations. Category 3 – property vacant for 1 or more years. Below will apply to residential properties of 5 or more units and all commercial properties: Less than 10,000 sq ft Less than 10,000 sq ft and vacant for more than 1 year Less than 10,000 sq ft and vacant for more than 1 year More than 10,001 sq ft More than 10,001 sq ft and vacant for more than 1 year More than 10,001 sq ft and vacant for more than 2 years Res. No. 2008-151/2023-115 $100 $400 $1,000/ year $1,000/ year $2,000/ year $3,000/ year $2.000/ year $5,000/ year $7,500/ year Vacation – Street, Alley, Easement (Engineering) $125 Res. No. 92-132 Video Tape Duplicating (Police) $20 Weed Inspection/Removal Weed cutter’s fee $60/hour minimum 2 hours Special assessment service charge $30 per parcel on which a special assessment is levied Capitalized interest charge (assessed weeds only) Well Water Test $10 Zoning Letter (Community Development) $75 Page 61 of 131 Page 14 Utility Services Service Fee Recycling Utility Minimum charge per household per quarter Organics Recycling Service Certification for collection with property taxes Res. No. 2025-110 $34.79/quarter $2.90 (increases to $3.75 when participation reaches 2301 residents.) $50 Sanitary Sewer Utility Res. No. 2025-107 Base Rate Quarterly Residential $117.88 Single Family $82.79 Apartment $64.44 Senior Citizen $4.98 per 1,000 gallons Non-Residential Rate SAC Fee established by MCES Charges set by MCES $50 Certification with property taxes Labor, materials, equipment and Line cleaning charge overhead Established annually by resolution Sanitary Sewer Connection Storm Sewer Utility (quarterly rates) Res. No, 2025-108 Base Rate Cemeteries and Golf Course Parks Single Family, Duplex, Townhouse School, Government Buildings Multiple Family, Churches Commercial, Industrial Vacant Land $84.67 per acre $21.18 per acre $42.33 per acre $21.18/lot $105.85 per acre $254.06 per acre $423.46 per acre As assigned Certification for collection with property taxes Private facility cleaning charge $50 Labor, materials, equipment and overhead Street Light Utility (quarterly rates) Res. No. 2025-109 Single, Double, and Multiple Family Residential $9.71/dwelling unit Parks $16.53 Schools, Government Buildings, Churches $30.08 Retail and Service-Office $49.61 Commercial and Industrial $49.61 Vacant Land and Open Space As Assigned Certification for collection with property taxes $50 Page 62 of 131 Page 15 Street and Storm Drainage Special Assessment Rates Land Use R-1 zoned, used as one-family that cannot be subdivided R-2 zoned, used as a two-family site that cannot be subdivided R-3 zoned (per unit) Partial Street Construction R-1 zoned, used one-family that cannot be subdivided R-2 zoned, or used as a two-family site that cannot be subdivided R-3 zoned (per unit) Pavement Rehabilitation R-1 zoned, used one-family that cannot be subdivided R-2 zoned, or used as a two-family site that cannot be subdivided R-3 zoned (per unit) The residential assessment rates for street and storm drainage construction and pavement rehabilitation shall not apply to R-4 and R-5 zoned districts. The assessment rates for street reconstruction and pavement rehabilitation for R-4 and R-5 zoned property shall be based on evaluation of the project cost and the project benefit for each project. Res. No. 24-115 $5,338 per lot (street) $1,601 per lot (storm drainage) $71.1733 per front foot with a $5,338 per lot minimum (street) $21.3467 per front foot with a $1,601 per lot minimum (storm drainage) Assessable frontage x $71.1733 (street) Number of residential units Assessable frontage x $21.3467 (storm) Number of residential units $4,002 per lot (street) $53.3600 per front foot with a $4,002 per lot minimum (street) Assessable frontage x $53.3600 (street) Number of residential units $1,764 per lot (street) $23.5200 per front foot with a $1,764 per lot minimum (street) Assessable frontage x $23.5200 (street) Number of residential units Water and Sanitary Sewer Connection Commercial/Industrial Water > 5 Acres Commercial/Industrial Sewer > 5 Acres Commercial/Industrial Water < 5 Acres Commercial/Industrial Sewer < 5 Acres Retail/Office Water > 5 Acres Retail/Office Sewer > 5 Acres Retail/Office Water < 5 Acres Retail/Office Sewer < 5 Acres Multi Family Water > 5 Acres Multi Family Sewer > 5 Acres Multi Family Water < 5 Acres Multi Family Sewer < 5 Acres Water per connection Single Family Sewer per connection Res. No. 2001-161 $10,000 $5,000 $5,000 $3,000 $5,000 $3,000 $3,000 $1,500 $5,000 $3,000 $3,000 $1,500 $1,000 $1,000 Page 63 of 131 Page 16 Water Utility Res. No. 2025-106 Water Conservation Rate 5/8” and ¾” meter $35.61 0-30,000 gallons per quarter $5.94 per 1,000 gallons 30,001-60,000 gallons per quarter $7.41 per 1,000 gallons 60,001 or more gallons per quarter $11.05 per 1,000 gallons Base Rate Quarterly minimum rate 1” meter 1 1/2 “ meter $103.45 $133.01 2” meter $258.65 3” meter $517.40 4” meter $872.20 6” meter $1,995.75 8” meter $3,779.85 10” meter $5,039.82 Water Meter Charge 5/8” or 3/4” $149.00 Water Meter Charge larger than 3/4" Actual cost + $2.00 Certification for collection with property tax $50 Quarterly fire service line charge $12.50/Res. No. 2007-140 Fire Protection inspection $52 Private hydrant maintenance Labor, materials, equipment and overhead Service restoration, Monday – Friday (except holidays) $31 Between the hours of 7:30 a.m. and 3:00 p.m. Service restoration, Saturday, Sunday and holidays Between the hours of 3:00 p.m. and 7:30 a.m. $83 Assistance with seasonal shut-down and restoration of commercial irrigation systems, Monday – Friday (except holidays) $45/ hour with 1 hour minimum Between the hours of 7:30 a.m. and 3:00 p.m. Hydrant Meters (water use will be billed at the commercial rate in addition to the meter rental fee) 5/8” or 3/4” meter Deposit Rental fee (per month or portion thereof) $250 $25 3” meter Deposit $2,500 Rental fee (per month or portion thereof) $150 Penalty for violation of odd-even sprinkling $25 Water Conservation Violations (based on preceding 12-month period) Res. No. 2020-80 First offense Warning Second offense Subsequent offenses $25 $50 Page 64 of 131 Page 17 APPENDIX A OPPORTUNITY SITE CITY OF BROOKLYN CENTER STORMWATER AREAS � BOLTON SEPTEMBER2022 � & MENK Total development sys • Future Parcel/ROW bound Page 65 of 131 Page 18 Page 66 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: Lydia Ener, City Engineer THROUGH: Elizabeth Heyman, Director of Public Works BY: Lydia Ener, City Engineer SUBJECT: Resolution Declaring April 24, 2026, to be Arbor Day and May 2026 to be Arbor Month in Brooklyn Center Requested Council Action: - Motion to approve a resolution declaring April 24, 2026, to be Arbor Day and May 2026 to be Arbor Month in Brooklyn Center. Background: Arbor Day originated in 1872 in America as a national holiday in which individuals and groups are encouraged to plant and care for trees. Each year, Brooklyn Center typically celebrates National Arbor Day and Arbor Month by hosting local volunteer/educational events with students from an elementary school and other groups within the City. This year, as part of the Arbor Month celebrations, the City Forester and Public Works staff will be planting trees at Orchard Park with twenty-one children from a local daycare. During the event, the children will be shown the proper way to plant and care for trees, the effects of pests such as emerald ash borer, and the importance of planting diverse tree species to maintain our urban canopy. This event and resolution support the City’s Forestry Program that has resulted in Brooklyn Center receiving its thirty-fourth consecutive national Tree City USA award by the National Arbor Day Foundation. Budget Issues: NA Inclusive Community Engagement: NA Antiracist/Equity Policy Effect: NA Strategic Priorities and Values: ATTACHMENTS: 1. Arbor Day and Month_Resolution Page 67 of 131 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION DECLARING APRIL 24TH, 2026, TO BE ARBOR DAY AND MAY 2026 TO BE ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such a pollution, as well as drought, disease, and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, People can contribute to the environmental stewardship of our community by locally planting trees and ensuring that these trees are nurtured, protected, and wisely used in the years ahead; and WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Brooklyn Center, Minnesota, that 1. APRIL 24TH, 2026, to be Arbor Day in the City of Brooklyn Center. 2. MAY 2026 to be Arbor Month in the City of Brooklyn Center. 3. I urge all citizens to support efforts to care for our trees and woodlands and to support our City’s Community Forestry Program. April 27, 2026 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Page 68 of 131 RESOLUTION NO. _______________ whereupon said resolution was declared duly passed and adopted. Page 69 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: Lydia Ener, City Engineer THROUGH: Elizabeth Heyman, Director of Public Works BY: Lydia Ener, City Engineer SUBJECT: Resolution Recognizing Brooklyn Center as a Tree City USA for the Thirty-Fourth Consecutive Year Requested Council Action: - Motion to Approve a Resolution Recognizing Brooklyn Center as a Tree City USA Background: For each of the past thirty-four years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Society. The City has again been notified that Brooklyn Center has received this recognition for its 2025 efforts. This national award recognizes communities with effective community forestry programs. The City’s Forestry Program includes the following: • Care for and planting of park and boulevard trees • Diseased and nuisance tree removal program • Mandatory tree contractor registrations requiring certain minimums of liability insurance • Boulevard tree planting permits requiring proper placement of trees and selection of tree species • A tree ordinance specifying proper standards of care for all trees • An Arbor Day and Month Program that includes educational activities and an event to promote the planting of trees Budget Issues: Funding needed to support and meet the goals of this program in 2026 is included in the 2026 Forestry operating budget Inclusive Community Engagement: NA Antiracist/Equity Policy Effect: NA Strategic Priorities and Values: Page 70 of 131 ATTACHMENTS: 1. Tree City USA 2026_Resolution Page 71 of 131 Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE THIRTY-FOURTH CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Society has designated the City of Brooklyn Center as a Tree City USA in recognition of 2025 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby recognizes and accepts the designation of Tree City USA for the thirty-fourth consecutive year. 3. The City Council reaffirms its commitment to urban forestry and directs staff to continue reforestation efforts as planned and budgeted in 2026. 4. The City Council commends Brooklyn Center residents and staff for their work in maintaining and enhancing Brooklyn Center’s urban forest. April 27, 2026 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 72 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: Krystin Eldridge, Associate Planner THROUGH: Ginny McIntosh, Planning Manager BY: Krystin Eldridge, Associate Planner SUBJECT: Resolution for Consideration of Approval of Planning Commission Application 2026-003 for Issuance of a Conditional Use Permit for Eagle Ridge Academy (Public or Private Elementary and Secondary School Offering a Regular Course of Study) on the Saint Alphonsus Catholic Church Property at 7025 Halifax Ave North Requested Council Action: - Motion to adopt a resolution approving Planning Commission Application No. 2026- 003 for issuance of a conditional use permit to operate Eagle Ridge Academy ("public or private elementary or secondary school offering a regular course of study") on the Saint Alphonsus Catholic Church property at 7025 Halifax Avenue North, based on the findings of fact and submitted application, and as amended by the conditions of approval in the resolution. Background: Eagle Ridge Academy (“the Applicant”) is requesting the approval and issuance of a conditional use permit (CUP) to operate a charter school (“Public and private elementary and secondary schools offering a regular course of study”) within the former St. Alphonsus Catholic School located at 7025 Halifax Avenue North and commonly addressed as 7031 Halifax Avenue North (the “Subject Property”). St. Alphonsus had previously operated its school at this property from 1959 until its closure in May 2024. Eagle Ridge Academy proposes a school serving elementary-aged children from kindergarten through the 4th grade, also known as their “School of Grammar,” with the initial enrollment period for kindergarten and 1st grade students and expanding over the next five years into 4th grade. Eagle Ridge Academy (ERA) is a classical education charter school founded in 2004. Its first high school class graduated in 2008, and the school has expanded again in 2010 to serve Kindergarten through the 12th grade. The Minnetonka location currently serves 1,533 students on its 17-acre campus in Minnetonka. The Applicant maintains a strong record indicating above average achievements in reading and math and a 95% graduation rate. The Applicant's desire to expand to Brooklyn Center for the location, readiness of the former Saint Alphonsus Catholic School space, and the high concentration of youth in the City that correlates with a need for more educational facilities. Page 73 of 131 Eagle Ridge Academy will start Fall 2026 with 138 students in kindergarten and 1st grade and expand to 4th grade over the next 5 years with an anticipated full enrollment of 350 students and 15 staff members. Eagle Ridge will utilize all 17 classrooms, administration offices, the cafeteria, kitchen, and gymnasium. School hours are identified as 7:30 am to 3pm, Monday through Friday, with limited after-school activities taking place no later than 6 p.m. The church and the school are located on one parcel, with the church building located south of the school building. There are separate curb cuts for each use, and the days with the heaviest traffic for each respective use are complementary, with the school operating Monday through Friday and the church having its largest attendance on Sundays. Due to the request submitted as part of Planning Commission Application No. 2026- 003, a public hearing notice was published in the Brooklyn Center Sun Post on March 26, 2026. Mail notifications were sent to all physical addresses and taxpayer addresses located within 350 feet of the Subject Property, and a public hearing notice was published on the City website. A public hearing was held at the Planning Commission meeting on April 9, 2026 and four members of the public spoke at the in-person meeting. No comments were received prior to the meeting and no comments were received during the hybrid meeting. All members spoke in support of the project, with three of them being parents of children who attend the existing Eagle Ridge Academy in Minnetonka. The parents spoke of the rigorous curriculum, and how the school caters to various learning styles. One resident on Halifax Avenue North expressed concern around buses idling, noting issues with pollution and a preference for buses to not idle out front on Halifax Avenue North, but expressed general support for the use. The Applicant was present and provided an alternate routing map that shows bus queuing can be handled on-site in the north parking lot. The Commissioners engaged in a discussion surrounding various aspects of the expansion, including school occupancy, staffing, security, leasing agreements, dismissal, and, class size. The Applicant responded that they will have up to 14 teachers and support staff that will support an average 23 kids per class. There are 60 kids fully enrolled currently. Regarding end of day, school staff use a silent dismissal program that keeps students in their classroom until their parent/guardian arrives for pick-up. Regarding questions around security, the Applicant noted there are already cameras and buzzers that were installed when the former St. Alphonsus Catholic School was in operation. City Staff did note lighting on all sides of the building provides an extra layer of security. Lastly, Eagle Ridge Academy will be leasing the space from St. Alphonsus Church, offering a turnkey operation for them with minor improvements. City Staff requested the north parking lot be striped prior to operation to comply with City Code requirements and the existing trash area be enclosed. Page 74 of 131 Ultimately, the Planning Commission elected to unanimously (6-0) recommend City Council approval of Planning Commission Application No. 2026-003 for approval of a conditional use permit (CUP) for a public or private elementary and secondary school offering a regular course of study and located at 7025 Halifax Ave North (with a common school address of 7031 Halifax Avenue North) within the R1 (Low Density Residential) zoning district, subject to the Applicant complying with the outlined anticipated permitting and conditions of approval. A copy of the Planning Commission report, dated April 9, 2026, as well as a copy of a draft resolution approving Planning Commission Application No. 2026-003 are included with this memorandum. Budget Issues: None to consider at this time. Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. City Council Resolution — Planning Commission Application No. 2026-003 2. PowerPoint Presentation — Planning Commission Application No. 2026-003 3. Staff Report with Exhibits — Planning Commission Application No. 2026-003 Page 75 of 131 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO. 2026-003 FOR ISSUANCE OF A CONDITIONAL USE PERMIT FOR EAGLE RIDGE ACADEMY (PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL OFFERING A REGULAR COURSE OF STUDY) ON THE SAINT ALPHONSUS CATHOLIC CHURCH PROPERTY AT 7025 HALIFAX AVENUE NORTH WHEREAS, Planning Commission Application No. 2026-003, submitted by Eagle Ridge Academy (“the Applicant”) is requesting review and consideration for approval of a conditional use permit at 7025 Halifax Avenue North and commonly addressed as 7031 Halifax Avenue North (“the Subject Property”), as legally described in Exhibit A and attached hereto; and WHEREAS, Applicant Eagle Ridge Academy initially approached City staff with a desire to locate their elementary charter school within the former Saint Alphonsus Catholic School space, which was vacated in 2024 after 65 years of operation; and WHEREAS, the Subject Property is situated in the City’s R1 (Low Density Residential) District, and following a review of Section 35-4103 (Allowed Use Table), the identified use requires issuance of a conditional use permit in the aforementioned district; and WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post on March 26, 2026, mail notifications were sent to adjacent property owners and physical properties, and notice was provided on the City’s website; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on April 9, 2026, whereby a planning staff report was presented and public testimony regarding the conditional use permit were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the conditional use permit request in light of all testimony received, the guidelines and standards for evaluating the conditional use permit contained in Section 35-7700 (Conditional Use Permit), the City’s 2040 Comprehensive Plan, as well as information provided by the Applicant with respect to existing Saint Alphonsus Church and the proposed elementary charter school, which would serve children aged kindergarten through 4th grade, and the request and provided documentation generally satisfies the criteria as outlined within the above Sections; and WHEREAS, the City Council finds as follows regarding Planning Commission Application No. 2026-003, submitted by Applicant Eagle Ridge Academy: a) The existing Saint Alphonsus Church and former Saint Alphonsus Catholic School have operated on the Subject Property since the 1950s, in co-existence with Page 76 of 131 RESOLUTION NO. the surrounding neighborhood, and the former school served the surrounding community up until its closure in 2024; b) The existing and proposed uses are allowed through approval of a conditional use permit in the R1 (Low Density Residential) District; c) The conditional use, as proposed, will be in accordance with the general objectives of the City’s Comprehensive Plan and the City’s Unified Development Ordinance and the proposed school is subject to separate licensing requirements for the use; d) The establishment, maintenance, or operation of the conditional use will promote or enhance the general public welfare by filling a growing need for educational facilities in and around the City of Brooklyn Center, will fill the currently vacant Saint Alphonsus Catholic School space, will not be detrimental to or endanger the public health, safety, morals, or comfort, and will be in accordance with City Code provisions, including those outlined in Section 35-7700 (Conditional Use Permits) and any additional licensing and safety requirements for educational facilities; e) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood as all school activities will take place within the existing school building or on the approximately 18-acre Subject Property, with the exception of increased vehicular and pedestrian traffic during school drop-offs and pick-ups in the morning and afternoon hours, and does not intend to overlap in its hours of operation with the adjacent church; f) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district as this area is substantially developed; g) Adequate measures have been taken to provide ingress, egress, and parking so designated as to minimize traffic congestion in the public streets, and by minimizing congestion along 70th Avenue North and Halifax Avenue North by requiring any bus queueing to take place on-site, rather in the public rights-of-way, and through the identified practices of Eagle Ridge Academy for student drop-off and pick-up; h) Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate impacts on nearby uses and any proposed revisions to the existing lighting shall require separate permit approvals; and i) The conditional use will conform to the applicable regulations of the district in which it is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2026- 003 for the requested conditional use permit, which would allow for operation of Eagle Ridge Academy (“Public and private elementary and secondary schools offering a regular course of study”), conditioned on compliance with all of the following: Page 77 of 131 RESOLUTION NO. 1. The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35-7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy of the City Council resolution approving the requested conditional use permit, along with a legal description of the Subject Property for which the permit was issued, and list of any conditions set forth by City Council as a condition of said conditional use permit. A certified copy shall be recorded by the Applicant with the Hennepin County Recorder-Registrar of Titles within 60 days of approval of said resolution. a. The school shall maintain any necessary licensures, be authorized by a Minnesota Department of Education-approved authorizer, and listed in the official Minnesota Department of Education Charter School Directory. Verification shall be submitted to the City of Brooklyn Center for recordkeeping. Failure to maintain necessary licensures and authorizations shall be subject to the conditions as outlined under Section 35-7700. 2. The Applicant shall ensure designated drive aisles are not blocked during designated drop- off and pick-up times, and that no queueing occurs in the public right-of-way. Should any issues arise, City staff may request a review of on-site operations to minimize congestion in the streets. a. School buses are not to queue within the public right-of-way (i.e. Halifax Avenue North) and are to utilize the Subject Property’s parking lots for any bus staging or queueing. Buses and private vehicles conducting drop-off and pick-up of students shall be positioned to minimize conflicts and parked in a way to provide safe and clear passage for students to exit and enter private vehicles and buses. b. The Applicant shall provide a designated bike and scooter parking area near school entrance for those students and staff using alternative means to arrive at or leave the school. 3. The Applicant shall ensure all designated parking spaces are striped prior to the beginning of the school year to clearly delineate drive aisles and parking spaces in conformance with Section 35-5504 (Parking Space Standards) of the City Code and provide dedicated ADA parking and ADA compliant signage where necessary. Internal crosswalk striping shall be installed in Subject Property school parking lots where appropriate. 4. Any outside trash disposal facilities shall be appropriately screened with an opaque enclosure and doors per City Code requirements. 5. The Applicant agrees to comply with all conditions or provisions noted in the Building Official’s memorandum, dated April 3, 2026. 6. The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. a. Applicant or Property Owner shall work with City staff to address private “no parking” signage located along Halifax Avenue North. b. Applicant or Property Owner shall install directional signage where necessary to ensure efficient and safe circulation through private drive aisles and school parking lot areas. Page 78 of 131 RESOLUTION NO. April 27, 2026 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 79 of 131 4/17/2026 1 Planning Commission Meeting| April 27, 2026 Krystin Eldridge, Planner REQUEST: Eagle Ridge Academy |7025 Halifax Avenue N (School Address: 7031 Halifax Avenue N) Conditional Use Permit 2 Requested Action Eagle Ridge Academy (“the Applicant”) is requesting the review and approval of a conditional use permit (CUP) to operate a charter school (“Public and private elementary and secondary schools offering a regular course of study”) within the former St. Alphonsus Catholic School located at 7025 Halifax Avenue North and commonly addressed as 7031 Halifax Avenue North (the “Subject Property”). Eagle Ridge Academy proposes a school serving elementary-aged children from kindergarten through the 4th grade, with the initial enrollment period for kindergarten and 1st grade students and expanding over the next five years into 4th grade. •Subject Property was constructed in 1959 •Subject Property (Acres):17.94 •Zoning District:R1 (Low Density Residential) District •2040 Comprehensive Plan Future Land Use Designation:LDR (Low Density Residential) 1 2 Page 80 of 131 4/17/2026 2 3 4 Background •The former Saint Alphonsus Church and School was constructed in 1959 is in the R1 (Low Density Residential) District and didn’t require a conditional (formerly “special”) use permit; however, “Public and private elementary and secondary schools offering a regular course of study” are now considered conditional uses in the R1 District. •Saint Alphonsus Catholic School announced its closure on May 31, 2024. •Generally, special and conditional use permits require the “use” to commence on the property or the conditional use becomes nonconforming and subsequently discontinued or ceases to exist for a continuous period of one (1) year. •Between January and March 2026, City Staff and the Applicant met to discuss their desire to open a school in Brooklyn Center and addressed any questions or concerns surrounding its operation. The Applicant stated its decision to locate to St. Alphonsus is based on the school’s condition and proximity to a school age population. •The Applicant anticipates 138 students before ramping up to a full enrollment of kindergarten through 4th grade by the 5th year with 350 students •The Applicant already has a diverse group of enrollees with over 1200 students on a waitlist and is already over subscribed for kindergarten and 1st grade. The school is recruiting from the area as well as North and South Minneapolis. •City Staff met with St Alphonsus Reps in 2025 to negotiate an abandoned curb cut for another development but the developer purchased a different site in Brooklyn Center. 3 4 Page 81 of 131 4/17/2026 3 5 Conditional Use Permit •The site layout (shown) provided by the Applicant identifies the layout of the school space and how they intend to use the building. •There are no plans to majorly modify the school as it is well- suited for re-occupancy as a school. The floor plan identifies the main level, basement, and a small loft area. •Eagle Ridge Academy will start Fall 2026 with 138 students until it reaches full enrollment of 350 students and 15 staff members. The school days are Monday through Friday from 7:30 am to 3 pm, with limited after-school activities extending to no later than 6 p.m. •The church and the school are one parcel, but they have separate access curb cuts with the church use located to the south of the school wing. •Monday through Friday is the heaviest traffic for the school and Sunday is heaviest for the church. Conditional Use Permit (Cont.) 6 Site Access and Circulation The Applicant will use the curb cut on the 70th (yellow arrows) and the East lot on 71st. •City staff have requested the Applicant locate their buses on property to minimize congestion at Planning Commission and the Applicant provided the new circulation map depicted on the right (buses in Blue) 5 6 Page 82 of 131 4/17/2026 4 7 Conditional Use Permit (Cont.) Parking Lot •City staff noted that the main school parking lot striping at the northwest is in poor condition. Designated parking spaces will need to be re-striped per prior to the beginning of the school year if approved (shown in red) •The Applicant states there will be infrequent large events including parent teacher conferences (twice per school year), for larger events, the adjacent church, has agreed to allow overflow parking in their designated lots. Lighting | Landscaping •There are no current plans to alter the landscaping or lighting, but City staff requests that any dead landscaping be replaced, and all site lighting is operational. Trash •The Applicant has an exposed trash pad. City Code requires trash to be screened from public view (i.e. opaque enclosure to fully screens any dumpsters). Conditional Use Permit •Conditional use permits, as outlined under Section 35-7700, are those uses which have been identified, because of their nature, operation, location, special requirements or characteristics, and may only be allowed in a particular zoning district after submittal of an application, review, and recommendation by the Planning Commission, and approval by the City Council. •The conditional use permit process regulates: the location, magnitude, and design of conditional uses consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and procedures of this Unified Development Ordinance (UDO). •A conditional use permit may not be granted by the City Council unless the following criteria have been satisfied. 8 7 8 Page 83 of 131 4/17/2026 5 Conditional Use Permit (Cont.) Section 35-7703. CONDITIONAL USE PERMIT CRITERIA. A conditional use permit may not be granted by the City Council unless the following criteria have been satisfied: •a. The conditional use will be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO; •b. The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort; •c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and •impair property values within the neighborhood; •d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; •e. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets; •f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses; and •g. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located 9 10 Notifications and Summary •A public hearing was published in the Brooklyn Center Sun Post on March 26, 2026, and mail notifications were sent to properties within vicinity of the Subject Property per City Code and State Statute requirements. •Public Hearing was held at the April 9, 2026 Planning Commission Meeting •The Commissioners engaged in a discussion surrounding various aspects of the expansion, including (1) school occupancy, (2) staffing, (3) security, (4) leasing agreements, (5) dismissal, and, (6) class size. One community member was in support but wanted to address the bus idling and gain clarification on their neighborhood circulation. •The Applicant provided the commissioners and attendees with an updated circulation map and addressed all questions •Following close of the public hearing, Planning Commission unanimously (6-0) recommended City Council approval of PC Application No. 2026-003. 9 10 Page 84 of 131 4/17/2026 6 11 Anticipated Permitting and Conditions of Approval 1. The Applicant will file a copy of the City Council resolution approving the requested conditional use permit, along with a legal description a. The school shall maintain a valid license and a copy of said license shall be submitted to the City of Brooklyn Center for recordkeeping. 2. The designated drive aisles are not blocked during designated drop-off and pick-up times, and that no queueing occurs in the public right-of-way. a. School buses are not to queue within public right-of-way (i.e. Halifax Avenue North) and are to utilize the Subject Property’s parking lots for any bus staging or queueing. The Applicant shall provide designated bike and scooter parking area near school entrance for those students and staff using alternative means to arrive at/leave school. 3. The Applicant shall ensure all designated parking spaces are striped prior to the beginning of the school year to clearly delineate drive aisles and parking spaces in conformance with Section 35-5504 (Parking Space Standards) of the City Code and provide dedicated ADA parking and signage where necessary. Internal crosswalk striping shall be installed in Subject Property school parking lots where appropriate. 4. Any outside trash disposal facilities shall be appropriately screened with an opaque enclosure and doors per City Code requirements. 5. The Applicant agrees to comply with all conditions or provisions noted in the Building Official’s memorandum, dated April 3, 2026. 6. The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. 12 Recommendation Based on the above-noted findings, Planning Staff recommends City Council approve Planning Commission Application No. 2026-003 for approval of a conditional use permit (CUP) for a public or private elementary and secondary school offering a regular course of study and located at 7025 Halifax Ave North (with a common school address of 7031 Halifax Avenue North) within the R1 (Low Density Residential) zoning district, subject to the Applicant complying with the Anticipated Permitting and Conditions. 11 12 Page 85 of 131 App. No. 2026-003 PC 04/09/2026 Page 1 Planning Commission Report Meeting Date: April 9, 2026 Application No. 2026-003 Applicant(s) | Property Owner: Eagle Ridge Academy | St Alphonsus of Brooklyn Center (Owner) Location: 7025 Halifax Avenue North (School Address: 7031 Halifax Avenue North) Request: Conditional Use Permit Map 1. Subject Property Location. Requested Action Eagle Ridge Academy (“the Applicant”) is requesting the approval and issuance of a conditional use permit (CUP) to operate a charter school (“Public and private elementary and secondary schools offering a regular course of study”) within the former St. Alphonsus Catholic School located at 7025 Halifax Avenue North and commonly addressed as 7031 Halifax Avenue North (the “Subject Property”) — refer to Exhibit A. St. Alphonsus had previously operated its school at this property from 1959 until its closure in May 2024. Eagle Ridge Academy proposes a school serving elementary-aged children from kindergarten through the 4th grade, also known as their “School of Grammar,” with the initial enrollment period for kindergarten • Application Filed: 03/10/2026 • Review Period (60-day) Deadline: 05/08/2026 • Extension Declared: No • Extended Review Period Deadline: Page 86 of 131 App. No. 2026-003 PC 04/09/2026 Page 2 and 1st grade students and expanding over the next five years into 4th grade. A public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun Post on March 26, 2026—refer to Exhibit B. Notifications were mailed to those physical addresses and property owners located within a 350-foot radius of the Subject Property, and a copy of the public hearing notice was published to the City of Brooklyn Center website. A link to the public hearing notice was also published on the City’s website. Existing Conditions Image 1. Existing Site Conditions at Subject Property. Background City Staff met with representatives of St. Alphonsus Catholic Church in 2025 to discuss the proposed redevelopment of City EDA-owned property located adjacent to the Subject Property and the Church’s plans for use of their approximately 18-acre property, as they had previously indicated portions located along the western half of the property and closest to the City’s EDA property were underutilized. At the time, New Horizon Academy, which was founded in Brooklyn Center, was looking to relocate and expand within the City of Brooklyn Center and had been in communication with the City regarding its lands. City staff met at the Subject Property with representatives of St. Alphonsus Church and New Horizon Page 87 of 131 App. No. 2026-003 PC 04/09/2026 Page 3 Academy, and St. Alphonsus staff provided a tour of their former school, which closed in May 2024, identifying it as a potential alternative option for New Horizon Academy to locate into. While neither St. Alphonsus’ former school nor the City EDA-owned land were selected, City staff were contacted in January 2026 regarding the proposed reuse of the former St. Alphonsus Catholic School for a charter school. Between January and March 2026, City Staff and the Applicant met to discuss their desire to open a school in Brooklyn Center, learn more about its plans to occupy the space and any planned improvements, and address any questions or concerns surrounding its operation. The Applicant stated its decision to locate to St. Alphonsus is based on the school’s condition and proximity to a school age population. It was through these discussions that City Staff determined the Applicant’s plans to initially open the school to kindergarten and 1st grade students (anticipated 138 students) before ramping up to a full enrollment of kindergarten through 4th grade (anticipated 350 students) by the 5th year. Eagle Ridge Academy has a diverse group of enrollees with over 625 students on a waitlist and is already over subscribed for kindergarten and 1st grade. The Applicant does not intent to undertake any exterior improvements at this time and plans on minimal interior improvements as the school has sufficient improvements for an educational institution to operate. City staff recommended the Applicant meet early on with the City’s Building Official for an initial (interagency) inspection of the space as the school had operated for a long time and considering their plans to open in the fall of 2026. A layout was provided and City Staff discussed potential considerations and impacts to the neighborhood and how the Applicant would mitigate them. During these initial discussions, it was determined the Applicant would need a conditional use permit as schools are considered conditional uses in the R1 (Low Density Residential) District where the Subject Property is located. Site Data: 2040 Land Use Plan: PSP Institutional Neighborhood: West Palmer Lake Current Zoning: R1 (Low Density Residential) District Site Area: Approximately 17.94 acres Surrounding Area: Direction 2040 Land Use Plan Zoning Existing Land Use North LDR (Low Density Residential) R1 (Low Density Residential) Single Family Residential South Neighborhood Mixed Use| Low Density Residential PUD/C2| R1 (Low Density Residential) Commercial (Boulevard Market) | Single Family Detached East LDR (Low Density Residential) | N-MU (Neighborhood Mixed Use) R1 (Low Density Residential) Single Family Detached West N-MU (Neighborhood Mixed Use) MX-N2 (Neighborhood Mixed- Use 2) Single Family Detached | Undeveloped | Apartments | Office Page 88 of 131 App. No. 2026-003 PC 04/09/2026 Page 4 CONDITIONAL USE PERMIT As previously stated, the Applicant approached City staff in January 2026 regarding an expansion of their charter school from their Minnetonka location to a second location in Brooklyn Center. The former Saint Alphonsus School is in the R1 (Low Density Residential) District and would’ve required a conditional (formerly “special”) use permit; however, schools were considered a permitted use when the church and school property was constructed in 1959. In 1997, a special use permit was issued for the Subject Property to expand the church and add a meeting room and educational wing (known as the “Middle School Wing” on the interior layout plans submitted with Exhibit A) under Planning Commission Application No. 97001). Saint Alphonsus Catholic School announced its closure on May 31, 2024. Generally, special and conditional use permits require the “use” to commence on the property, or the conditional use becomes nonconforming and subsequently discontinued or ceases to exist for a continuous period of one (1) year. Eagle Ridge Academy (ERA) is a classical education charter school founded in 2004. Its first high school class graduated in 2008, and the school has expanded again in 2010 to serve Kindergarten through the 12th grade. The Minnetonka location currently serves 1,533 students on its 17-acre campus in Minnetonka. The Applicant maintains a strong record indicating above average achievements in reading and math and a 95% graduation rate. The Applicants a desire to expand to Brooklyn Center for the location, readiness of the former Saint Alphonsus Catholic School space, and the high concentration of youth in the City that correlates with a need for more educational facilities. A historical review of zoning provisions confirm that schools were a permitted use in the R1 District when Saint Alphonsus moved into what was then the Village of Brooklyn Center. However, “public and private elementary and secondary schools offering a regular course of study” are now considered conditional uses in the R1 District where the Subject Property is located. Eagle Ridge Academy (Educational Facility) Eagle Ridge Academy will start Fall 2026 with 138 students in kindergarten and 1st grade and expand to 4th grade over the next 5 years with its full enrollment of 350 students and 15 staff members. Eagle Ridge will utilize all 17 classrooms, admin offices, cafeteria, kitchen and gymnasium. The school day is 7:30 am to 3pm, with limited after-school activities extending to no later than 6 p.m. The church and the school are one parcel, the church building is on the southern portion of the parcel. There are separate curb cuts for each use, and the days with the heaviest traffic are complementary with the school operating Monday through Friday and the church has its largest congregation attendance on Sunday. Site Access and Circulation | Trash | Lighting | Landscaping With respect to the intensity of use, the heaviest traffic flow will be in morning hours between 7:20 a.m. and 7:50 am and afternoon traffic between 2:50 p.m. and 3:20 pm, which the neighborhood should be accustomed to as they are similar hours to when Saint Alphonsus Catholic School operated. Eagle Ridge Academy indicated they use a silent dismissal program beginning at 2:50 p.m. where children remain in their classrooms until their guardian or bus arrives at the Subject Property. There are three (3) curb cuts that provide direct access to the school portions of the Subject Property. Full access to the Subject Property is provided off 70th Avenue North and is intended to serve as the main entry point for a “parent” traffic queue, with the exit is proposed at the traffic circle located off Halifax Avenue North and 71st Avenue North. In the past, the bus queue was on street along Halifax Avenue North; however, City staff have requested the Applicant locate their buses on property to minimize congestion Page 89 of 131 App. No. 2026-003 PC 04/09/2026 Page 5 near the traffic circle and negative impacts to residents along the residential street. City Staff noted the presence of what appear to be private “No Parking” signage between the hours of 7 a.m. and 7:30 a.m. and 1:30 p.m. and 2 p.m. on private light posts along Halifax Avenue North and have reached out to the City’s Public Works Streets Division to address the signage and determine if alternative, City approved signage can be installed. As a note, St. Alphonsus Church is indicated as a planned project area under the City’s Capital Improvement Program (CIP) in 2030 with plans to replace select sidewalk and curbing, a full depth pavement replacement, complete fire hydrant and valve replacement, frozen water service insulation, and sanitary sewer and storm sewer casting replacements. In reviewing existing site improvements for the Subject Property, City staff noted that the main school parking lot striping at the north end of the Subject Property is in poor condition. Designated parking spaces will need to be re-striped prior to the beginning of the school year should the use be approved per Section 35-5504 (Parking Space Standards). In reviewing information on file under Planning Commission Application No. 97001, it appears the north parking lot was originally approved with 218 parking spaces and the northeast parking lot along Halifax Avenue North was approved with 48 parking spaces The Applicant states there will be infrequent large events including parent teacher conferences (twice per school year), and a back-to-school open house. For these larger events, the adjacent church, which is located on the same property, has agreed to allow overflow parking in their designated lots. Image 2. Site Access Points and Circulation for Proposed Eagle Ridge Academy. A site layout (Image 3 below) was provided by the Applicant and identifies the layout of the school space and how they intend to use the building. As noted previously, there are no plans to majorly modify the interior spaces of the school as it is well-suited for re-occupancy as a school. The floor plan identifies the main level, basement, and a small loft area. Page 90 of 131 App. No. 2026-003 PC 04/09/2026 Page 6 Image 3. School Site Plan Layout. The Subject Property has multiple sites for trash collection; however, the school site only has a trash pad and City Code requires trash to be screened from public view (i.e. opaque enclosure that fully screens any dumpsters). There is one wooden enclosure on site; however, it appears intended for the church use. Refer to Image 4 below: Image 4. Existing Trash Enclosures (Non-Compliant). Page 91 of 131 App. No. 2026-003 PC 04/09/2026 Page 7 Although the Applicant has noted no current plans to alter the exterior of the building, or install new site improvements, City staff requests that any dead landscaping be replaced, and ensure all site lighting is operational. Should any lighting require replacement (e.g. wall or site lighting), the Applicant or Property Owner shall coordinate with the City to ensure lighting meets the City’s requirements as outlined under Section 35-5400 (Exterior Lighting). Building Official Review The Building Official conducted a preliminary inspection of the proposed school building given the intent to open in the fall and has advised the Applicant that Hennepin County Health Department verification is needed to approve the commercial kitchen. Additional comments provided following the inspection were with respect to exiting signage installed in the gymnasium, the replacement of back up batteries for emergency lighting in the cafeteria in the corridors where non-functional, and the installation of an occupant load sign indicating a “Maximum Occupant Load of 300” near the main entry—refer to Exhibit C. Conditional use permits, as outlined under Section 35-7700, are those uses which have been identified, because of their nature, operation, location, special requirements or characteristics, and may only be allowed in a particular zoning district after submittal of an application, review, and recommendation by the Planning Commission, and approval by the City Council. The conditional use permit process regulates: the location, magnitude, and design of conditional uses consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and procedures of this Unified Development Ordinance (UDO). A conditional use permit may not be granted by the City Council unless the following criteria have been satisfied (Note: Applicant responses are transcribed from the submitted narrative—Exhibit A): a. The conditional use will be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO. Applicant Response: School use aligns with the City’s Comprehensive Plan and meets all UDO requirements, to include transportation flow and use of the existing building, supporting safe, orderly, and compatible institutional use. The Uniform Development Ordinance (UDO) identifies this area as R1 - Low Density Residential, which allows schools as a conditional use. The UDO states, “The purpose of the R1 (Low Density Residential) zoning district is to conserve low-density, single-family neighborhoods. This district primarily supports one family dwellings.” According to Section 35-4103 -ALLOWED USE TABLE, the R1 district also supports “public and private elementary and secondary schools offering a regular course of study” as a conditional use. In the Comprehensive Plan, the Land Use & Redevelopment Chapter identifies Goal 5 as: “Recognize that many areas in the community are aging and may require reinvestment, redevelopment, or reimagining and that all scales and sizes of opportunity have merit to further support the community’s future.” Further, strategies 1 and 3, below, state: Page 92 of 131 App. No. 2026-003 PC 04/09/2026 Page 8 • “Explore opportunities to create neighborhood nodes that are integrated and support the needs of residents and encourage a more walkable community.” • “Continue to evaluate how redevelopment can further enhance and support the sustainability of individual properties, neighborhoods and the larger community.” By reusing the former school and reimagining it into a new classical education school, this project is a redevelopment that will support the community’s future and serve both the immediate neighbors and larger community with a high performing educational facility. A school serving grades K-4 will reactivate the site, serve local families and the use will likely be an attractive draw for families with small children. It is also a highly compatible use for the nearby single-family homes and a desirable amenity for families with children. Students that are located nearby will likely walk to the school, enhancing the vibrancy and walkability of the neighborhood. City Staff Response (Finding): The Subject Property is located in the R1 (Low Density Residential) District and is future guided as “PSP/Institutional” under our City’s 2040 Comprehensive Plan which is generally used for public/semi-public uses and the City maintains this space will still serve the community well into the future. St Alphonsus Catholic School previously served Kindergarten through 8th grade and Eagle Ridge Academy is proposing Kindergarten through the 4th grades at this time so there will be a much younger demographic in the school. City Staff recognizes the younger demographic of the area, with an estimated 9% of the City’s population ages 5 and under, which an additional 9.1% between the ages of 5 and 9 years old (American Community Survey, 2022). City staff recognized this use will benefit parents in the area and provide different options for their child’s education. There are no proposed exterior site improvements or modifications to the existing school building at this time, so there are no concerns with ensuring compliance with the City’s Unified Development Ordinance with exception of the Applicant needing to re-stripe the designated school parking lots and ensure clear directional signage for parent and guardians who will be providing drop off and pick up. The Applicant will also need to ensure all site lighting is operational and enclose the existing trash area to comply with City Code requirements. b. The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Applicant Response: The school will provide a safe, structured environment and will not endanger public health, safety, morals, or comfort. Traffic will be well-managed, no building changes are planned, and playground equipment will meet safety standards. Activities will occur quietly and responsibly within the site. The addition of a school for grades K-4 as a conditional use will enhance general public welfare by offering a high-quality educational option for families with children in the area. It will also promote public welfare by optimizing site activation through utilization of the currently vacant school building. City Staff Response (Finding): In consideration of the existing operations of St. Alphonsus Church, its schedules for church services and activities, and its length of history at this location, City staff Page 93 of 131 App. No. 2026-003 PC 04/09/2026 Page 9 has minimal concerns regarding the continuing operations for the church building and grounds and the reintroduction of a school use to the Subject Property considering its long history as a school. Following discussions with the Applicant regarding their school operations, City Staff does not foresee many concerns that would result in detrimental impacts to the public health, safety, morals or comfort, and have relayed to the Applicant that they will need to remain compliant with the Minnesota Department of Education, and meet any requirements with respect to the Hennepin County Department of Health, and Building and Fire Codes. City staff is requesting the Applicant screen their trash facilities from public view to meet City Code requirements and ensure drop off and pick ups are closely monitored to ensure the safe pick up and drop off of students by car or bus and for those students using alternate means of transportation (e.g. walk, bike, scooter). Based on the traffic site circulation provided, the impacts on the neighboring uses will be predictable and ordinary for school activity, particularly if children are picked up and dropped off at designated times and zones. However, City Staff requests to reduce impacts on neighboring properties by ensuring vehicles and buses are not left queuing in the public streets. c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. Applicant Response: The school will operate within the existing building and introduce no incompatible activities, it will not harm nearby properties or diminish neighborhood property values. The school use will not negatively impact nearby properties, which are primarily single-family homes, because educational use is generally a desirable use, particularly for families with children, for which it can be an attractive and useful amenity. Since this building has operated as a school since 1959, we believe that this conditional use will not have a negative impact on property values. City Staff Response (Finding): With respect to the existing St. Alphonsus Catholic Church (“Places for Religious Assembly”), there are no known plans to alter the existing operations of the church or its grounds. City Staff requests the Applicant adjust the bus queue indicated on the circulation map provided in Image 2 of the Planning Commission Report as it is near the traffic circle serving 71st Avenue North and Halifax Avenue North as well as the designated exit for parent drop-off and pick-ups and school parking lots. Additionally, there are a number of residential homes located on the east side of Halifax Avenue North. d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Applicant Response: The school will not impede the development of surrounding properties. All activities remain onsite, and no changes are proposed that would affect nearby land or future Page 94 of 131 App. No. 2026-003 PC 04/09/2026 Page 10 improvements. Establishing the conditional educational use will not impact the development and improvement of surrounding properties which are primarily single-family homes. City Staff Response (Finding): As noted by the Applicant in their response above, there should be no impact to nearby land or future improvements. The area surrounding the Subject Property is largely developed and the only remaining areas that are undeveloped at this point are either on the approximately 18-acre Subject Property or the vacant City EDA-owned properties located to the west at the intersection of 70th Avenue North and Brooklyn Boulevard. The areas around the Subject Property, including 70th Avenue North, Halifax Avenue North, Grimes Avenue North, and Indiana Avenue North are slated for street improvements in 2030 as part of the City’s Capital Improvements Program (CIP) — refer to Exhibit D. e. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Applicant Response: Adequate measures ensure safe and efficient entry, exit, and parking. Traffic circulation keeps vehicles on school property, minimizing congestion on public streets. Bus and car routes are clearly defined and controlled. There is sufficient parking on the site for the regular expected use by the staff. For the infrequent events that may exceed the parking capacity, the church on the same property has offered use of their parking lot for overflow. A detailed plan has been submitted to document the student ingress and egress which keeps all related traffic flow on the property and minimizes any potential congestion. City Staff Response (Finding): The Applicants have been in discussion with City staff regarding the mitigation of any potential traffic congestion during drop-off and pick-up times. The Applicant proposes pick-up and drop-off times that have been strategically placed to allow one designated entry and one exit for parent drop-offs and pick-ups. As proposed, the Applicant would queue the buses on Halifax Avenue North; however, City Staff have requested they move the bus traffic from Halifax Avenue North to the Subject Property parking lots to minimize traffic in the streets. At a full enrollment of 350 students, the Applicant assumes two-thirds of the students will travel by school bus, indicating 233 students would travel by bus and the remaining 117 would travel with their parents/guardians. For staffing, the Applicant assumes approximately 11 staff at opening, including six (6) classroom teachers, administrators, and support staff, and 22 total staff at full enrollment. Assuming these staffing numbers, City staff are not concerned with sufficient parking being provided given the north parking lot alone has over 200 parking spaces. Assuming a pick-up and drop-off entrance off 70th Avenue North, City staff measures approximately 1,000 feet of car queue length. Assuming a typical 18-foot length for a standard parking space, this section of drive aisle and parking lot could accommodate upwards of 56 vehicles before potentially causing backups along 70th Avenue North. Page 95 of 131 App. No. 2026-003 PC 04/09/2026 Page 11 Image 5. Approximate Queue Length from 70th Avenue North to Pick-Up Area (noted in orange and white). If a conditional use permit were approved by the City and the designated pick up and drop off area was found to be inadequate, the Applicant would need to revise their drop-off and pick-up times to minimize the queueing of vehicles in the street. f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Applicant Response: Noise and activity will remain typical of daytime school operations, with no late-night events. Existing lighting will be used in a way that avoids impact on neighboring properties. Primary hours of use and activity are within the typical school day with infrequent use on evenings and weekends. City Staff Response (Finding): Eagle Ridge Academy has not addressed a desire to upgrade site lighting at this time and intends to maintain daytime hours at the school with exception of limited school events. Given the hours of operation, it is unlikely insufficient lighting will be of concern; however, if lighting is upgraded it will need to conform to the lighting standards under Section 35- 5400 (Exterior Lighting) of the City’s Unified Development Ordinance. Should any site lighting be identified as non-functional, the lighting will need to be replaced per City Code requirements. City staff would appreciate any opportunities for the Applicant(s) to meet current neighbors and submit any formal documentation that exists to avoid future miscommunication or concerns relating to the new school use as the former Saint Alphonsus Catholic School closed nearly two years ago. g. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Page 96 of 131 App. No. 2026-003 PC 04/09/2026 Page 12 Applicant Response: The school will fully comply with all zoning district regulations and applicable standards for safety, traffic, and site use. The R1 zoning district consists of single family homes, and educational uses are allowed as a conditional use. City Staff Response (Finding): The Applicant’s required licensure with the Minnesota Department of Education will govern administration of the school and all regulations necessary for its operation. “Conditional uses” are generally a permitted use with the caveat of being subject to additional requirements, as necessary. As such, City staff’s review accounts for potential impacts given a use’s location, magnitude, and overall design, and its complementariness with the 2040 Comprehensive Plan, and ability to meet the requirements of the City’s Unified Development Ordinance. ANTICIPATED PERMITTING AND CONDITIONS Following a review of the submittal materials and the request, City staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2026-003 for the Subject Property located at 7025 Halifax Ave N (with a common school address of 7031 Halifax Avenue North) and approval of a conditional use permit to operate Eagle Ridge Academy (“Public or private elementary and secondary school offering a regular course of study”) within the R1 (Low-Density Residential) District: 1. The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35- 7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy of the City Council resolution approving the requested conditional use permit, along with a legal description of the Subject Property for which the permit was issued, and list of any conditions set forth by City Council as a condition of said conditional use permit. A certified copy shall be recorded by the Applicant with the Hennepin County Recorder-Registrar of Titles within 60 days of approval of said resolution. a. The school shall maintain a valid license and a copy of said license shall be submitted to the City of Brooklyn Center for recordkeeping. Failure to maintain a license shall be subject to the conditions as outlined under Section 35-7700. 2. The Applicant shall ensure designated drive aisles are not blocked during designated drop-off and pick-up times, and that no queueing occurs in the public right-of-way. Should any issues arise, City staff may request a review of on-site operations to minimize congestion in the streets. a. School buses are not to queue within public right-of-way (i.e. Halifax Avenue North) and are to utilize the Subject Property’s parking lots for any bus staging or queueing. Buses and private vehicles conducting drop-off and pick-up of students shall be positioned to minimize conflicts and parked in a way to provide safe and clear passage for students to exit and enter private vehicles and buses. b. The Applicant shall provide designated bike and scooter parking area near school entrance for those students and staff using alternative means to arrive at/leave school. 3. The Applicant shall ensure all designated parking spaces are striped prior to the beginning of the school year to clearly delineate drive aisles and parking spaces in conformance with Section 35- 5504 (Parking Space Standards) of the City Code and provide dedicated ADA parking and ADA compliant signage where necessary. Internal crosswalk striping shall be installed in Subject Property school parking lots where appropriate. 4. Any outside trash disposal facilities shall be appropriately screened with an opaque enclosure and doors per City Code requirements. Page 97 of 131 App. No. 2026-003 PC 04/09/2026 Page 13 5. The Applicant agrees to comply with all conditions or provisions noted in the Building Official’s memorandum, dated April 3, 2026. 6. The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. a. Applicant or Property Owner shall work with City staff to address private “no parking” signage located along Halifax Avenue North. b. Applicant or Property Owner shall install directional signage where necessary to ensure efficient and safe circulation through private drive aisles and school parking lot areas. RECOMMENDATION Based on the above-noted findings, Planning Staff recommends the Planning Commission recommend City Council approval of Planning Commission Application No. 2026-003 for approval of a conditional use permit (CUP) for a public or private elementary and secondary school offering a regular course of study and located at 7025 Halifax Ave North (with a common school address of 7031 Halifax Avenue North) within the R1 (Low Density Residential) zoning district, subject to the Applicant complying with the Anticipated Permitting and Conditions. ATTACHMENTS Exhibit A – Planning Commission Application No. 2024-003 Plans and Documents, submitted March 10, 2026. Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated March 26, 2026. Exhibit C – Review Memorandums prepared by Building Official Dan Grinsteinner, and dated April 3, 2026. Exhibit D – Capital Improvement Plan (CIP) St. Alphonsus Street Improvement Area 2030. Page 98 of 131 11111 Bren Road W. ∙ Minnetonka, MN 55343 ∙ Telephone: 952-746-7760 ∙ Facsimile: 952-746-7765 DATE: March 10, 2026 TO: City of Brooklyn Center RE: Narrative of Use for CUP application Eagle Ridge Academy to operate at the former Saint Alphonsus School 7031 Halifax Avenue North School Background Eagle Ridge Academy, (ERA), is a Classical education charter school in Minnetonka, Minnesota serving 1,533 students in grades K–12. Founded in 2004, ERA opened with grades 6, 7, and 9, expanding annually until graduating its first senior class in 2008. In 2010, ERA added grades K– 5, completing its K–12 program. ERA maintains a strong record of academic achievement, with students consistently outperforming state averages in reading and math by double-digit margins across all major demographics. ACT scores average six points above the national average, while SAT scores average 157 points above the state average. ERA maintains a 95% graduation rate and a 100% college acceptance rate. ERA uses the Classical Trivium to match teaching with how children naturally learn and grow. The school is organized into three parts: the School of Grammar (K–4), where students build foundational knowledge; the School of Logic (5–8), where they learn to reason and make connections; and the School of Rhetoric (9–12), where they develop strong communication and argumentation skills. Grades 4 and 8 serve as intentional transition years between stages. Teachers use a blend of Classical methods—direct instruction for essential skills, mimetic teaching through examples, Socratic questioning to deepen understanding, and seminar -style discussions for exploring complex ideas. By drawing from multiple Classical traditions, ERA aims to provide a rich, well-rounded education that helps students grow into thoughtful and articulate young adults. Exhibit A Page 99 of 131 11111 Bren Road W. ∙ Minnetonka, MN 55343 ∙ Telephone: 952-746-7760 ∙ Facsimile: 952-746-7765 Narrative of Use ERA proposes to open an elementary school at 7031 Halifax Avenue North in Brooklyn Center, in the site formerly occupied by Saint Alphonsus School. The school property is adjacent to and owned by Saint Alphonsus Church (the church) which will lease the space to ERA. The school anticipates it will initially serve 138 students in kindergarten and first grade beginning in fall 2026 and will expand gradually up to fourth grade over the next five years, reaching a full enrollment of 350 students. The new Brooklyn Center school is expected to employ approximately 11 staff members at opening, including six classroom teachers, specialists, administrators, and support staff and grow to 22 total staff at full enrollment. ERA intends to utilize the building in its existing state, including all 17 classrooms, administrative offices, cafeteria, kitchen and gymnasium. The kitchen is currently a full commercial kitchen and will be utilized to prepare and serve student meals. ERA contracts with a food service management company for these services. No interior or exterior modifications are being proposed. Existing playground equipment will be inspected for safety before use but no additions beyond required repairs are planned. In the future, ERA plans to add a school for grades 5-12 in a convenient location after this site is established. ERA anticipates most students attending the new Brooklyn Center location will come from the local community. To attract new students at the Brooklyn Center location for fall 2026, they have been advertising through their current school population, word of mouth, their website and social media, and have plans to host in-person events soon. Daily Operations The school day will run from approximately 7:50 am to 3 :00 pm. ERA will maintain structured arrival and dismissal procedures designed to ensure student safety while minimizing traffic impacts on surrounding streets. Students will have daily recess in the outdoor playground area located behind the school building. At the initial opening of the school, groups of approximately 50-60 students will be outside at scheduled recess times that align with their designated lunch periods. This will grow to groups of 70–80 students when the school reaches full enrollment. Page 100 of 131 11111 Bren Road W. ∙ Minnetonka, MN 55343 ∙ Telephone: 952-746-7760 ∙ Facsimile: 952-746-7765 There will be some limited after-school activities that will take place at the school, extending to no later than 6 pm. There are no planned weekend uses of the school at this time. In the future, there may be some limited small group activities that could occur on the weekend. Parking The current parking lots available for school use (east lot and north lot) include 227 total spaces and have fully functional lighting. There are 47 spaces in the east lot and 180 spaces in the north lot. The east lot will be used for staff and visitor parking, and it is more than adequate to accommodate the demand. The north lot will be used for student arrival and pickup, as well as excess parking for school events as needed. There may be infrequent events that exceed the capacity of the two proposed school parking lots, and in those cases the church has agreed to allow overflow parking for these events in the church parking lot. Based on past attendance, ERA anticipates the following three annual events that may require overflow parking: •Parent/Teacher Conferences (twice yearly: mid-October and mid-February) •Back-to-School Open House (yearly, third week of August) Arrival and Dismissal Process ERA will plan for all arrivals and pick-ups to happen on school property in the north parking lot. ERA will utilize the same circulation pattern for buses and for parent or guardian vehicles. Arrivals will occur between 7:20 and 7:50 am. Dismissals will take place from 2:50 to 3:20 pm. Traffic circulation will follow a clockwise pattern. Buses and parent or guardian vehicles will enter the school property from 70th Avenue North, queueing along the west side of the school and exiting onto Halifax Avenue North. This route provides approximately 910 feet of queueing space for buses and parent vehicles. ERA will implement a tiered dismissal system. Bus riders will be dismissed first immediately after school, with all buses departing within approximately 15 minutes of dismissal. Students departing with a parent or guardian will remain in their classrooms until all buses have been dismissed, at which time parent or guardian vehicle queuing will begin. Page 101 of 131 11111 Bren Road W. ∙ Minnetonka, MN 55343 ∙ Telephone: 952-746-7760 ∙ Facsimile: 952-746-7765 Additional details on bus and parent or guardian arrivals and dismissals are provided below. Directional flow maps are also provided for reference (“4b – Student Arrival and Dismissal Plan”). Bus Arrival & Dismissal ERA anticipates that 2/3 of their students will travel by bus. School buses will approach from the south, turning into the school property from 70th Avenue North. They will proceed around the building and park perpendicular to the building behind the gymnasium, where students will be dropped off in the morning and loaded at the end of the school day. Buses will exit at the north end of the property, heading east onto Halifax Avenue North. Approximately 360 feet of queueing space is available along the gymnasium for buses. During initial enrollment of 138 students, approximately three (3) buses are anticipated. This is anticipated to increase to five (5) buses as ERA reaches full enrollment of 350 students. Bus dismissal is expected to occur promptly after school, with buses departing within approximately 15 minutes to ensure efficient traffic flow. Parent or Guardian Arrival & Dismissal For students arriving with a parent or guardian, vehicles will enter the school property from 70th Avenue North queuing along the gymnasium to the designated arrival area in the north parking lot. After students exit the vehicle, parent or guardian vehicles will continue around the building and exit onto Halifax Avenue North. This circulation pattern keeps vehicles queuing on school property and helps reduce congestion on surrounding streets. As part of the tiered dismissal system, after buses have cleared the site, ERA will begin allowing parents to queue the parent pick-up line along the west side of the school, which provides approximately 550 feet of queueing space. As buses depart, vehicles in the parent pick -up line will be able to utilize the 360 feet of space alon g the gymnasium previously reserved for buses, allowing the pick-up queue to advance efficiently. Student dismissal will begin at approximately 3:05 pm using the Silent Dismissal software platform. Parents or guardians display their student’s number on their vehicle dashboard and provide the number to be processed by staff, which then sends a call for dismissal to the Page 102 of 131 11111 Bren Road W. ∙ Minnetonka, MN 55343 ∙ Telephone: 952-746-7760 ∙ Facsimile: 952-746-7765 homeroom. Calls for dismissal are displayed in the homeroom, allowing staff to quietly dismiss students to a precise location in real-time. This system ensures that students remain safe in their classrooms until their guardian arrives on ERA property and that dismissal proceeds in an orderly manner. If parents or guardians arrive before bus dismissal is complete, they may queue ONLY in the designated lane shown on the directional traffic-flow map. Page 103 of 131 Responses to Conditional Use Permit Criteria Section 35-7703 CONDITIONAL USE PERMIT CRITERIA. A conditional use permit may not be granted by the City Council unless the following criteria have been satisfied: A.The conditional use will be in accordance with the general objectives, or with any specific objective of the City's Comprehensive Plan and this Unified Development Ordinance (UDO) Applicant Response: School use aligns with the City’s Comprehensive Plan and meets all UDO requirements , to include transportation flow and use of the existing building, supporting safe, orderly, and compatible institutional use. The UDO identifies this area as R1 - Low Density Residential, which allows schools as a conditional use. The Uniform Development Ordinance (UDO) states, “The purpose of the R1 (Low Density Residential) zoning district is to conserve low-density, single-family neighborhoods. This district primarily supports one family dwellings.” According to Section 35-4103 in the ALLOWED USE TABLE, the R1 district also supports “public and private elementary and secondary schools offering a regular course of study ” as a conditional use. In the Comprehensive Plan, the Land Use & Redevelopment Chapter identifies Goal 5 as: “Recognize that many areas in the community are aging and may require reinvestment, redevelopment, or reimagining and that all scales and sizes of opportunity have merit to further support the community’s future.” Further, strategies 1 and 3, below, state: “Explore opportunities to create neighborhood nodes that are integrated and support the needs of residents and encourage a more walkable community.” “Continue to evaluate how redevelopment can further enhance and support the sustainability of individual properties, neighborhoods and the larger community.” By reusing the former school and reimagining it into a new classical education school, this project is a redevelopment that will support the community’s future and serve both the immediate neighbors and larger community with a high performing educational facility. A school serving grades K-4 will reactivate the site, serve local families and the use will likely be an attractive draw for families with small children. It is also a highly compatible use for the nearby single family homes and a desirable amenity for families Page 104 of 131 with children. Students that are located nearby will likely walk to the school, enhancing the vibrancy and walkability of the neighborhood. B.The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort Applicant Response: The school will provide a safe, structured environment and will not endanger public health, safety, morals, or comfort. Traffic will be well-managed with student drop-offs and pick-ups coordinated within the property boundaries, no building changes are planned, and playground equipment will meet safety standards. Activities will occur quietly and responsibly within the site. The addition of a school use for grades K-4 as a conditional use will enhance general public welfare by offering a high-quality educational option for families with children in the area. It will also promote public welfare by optimizing site activation through utilization of the currently vacant school building. C.The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood Applicant Response: The school will operate within the existing building and introduce no incompatible activities; it will not harm nearby properties or diminish neighborhood property values. The school use will not negatively impact nearby properties, which are primarily single family homes, because educational use is generally a desirable use, particularly for families with children, for which it can be an attractive and useful amenity. Since this building has operated as a school since 1961, we believe that this conditional use will not have a negative impact on property values. D.The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district Applicant Response: The school will not impede the development of surrounding properties. All activities will remain onsite. No changes are proposed that would affect nearby land or future Page 105 of 131 improvements. Establishing the conditional educational use will not impact the development and improvement of surrounding properties which are primarily single family homes. E.Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets Applicant Response: Adequate measures ensure safe and efficient entry, exit, and parking. Traffic circulation keeps vehicles on school property, minimizing congestion on public streets. Bus and vehicle routes are clearly defined and controlled. There is sufficient parking on the site for the regular expected use by the staff. For the infrequent events that may exceed the parking capacity, the church on the same property has offered use of their parking lot for overflow. A detailed plan has been submitted to document the student ingress and egress which keeps all related traffic flow on the property and minimizes any potential congestion. F.Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses Applicant Response: Noise and activity will remain typical of daytime school operations, with no late-night events. Existing lighting will be used in a way that avoids impact on neighboring properties. Primary hours of use and activity are within the typical school day with infrequent use on evenings and weekends. G.The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located Applicant Response: The school will fully comply with all zoning district regulations and applicable standards for safety, traffic, and site use. The R1 zoning district consists of single family homes, and an educational use is allowed as a conditional use. Page 106 of 131 City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | https://www.brooklyncentermn.gov/ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold an in-person public hearing on Thursday, April 9, 2026 at approximately 7:00 p.m. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.brooklyncentermn.gov/. A definite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Conditional Use Permit APPLICANT | PROPERTY OWNER: Eagle Ridge Academy | St Alphonsus of Brooklyn Center PROPERTY ADDRESS | PID: 7025 Halifax Avenue North, Brooklyn Center, MN 55429 (School Address: 7031 Halifax Avenue North, Brooklyn Center, MN 55429) | 27-119-21-33-0069 BRIEF STATEMENT OF CONTENTS OF PETITION: The Applicant currently operates Eagle Ridge Academy in Minnetonka and is proposing to expand their school by locating into the former St. Alphonsus Catholic School. The new location would serve elementary-aged children. Upon review of the proposal, it was determined that the Applicant will require approval of a conditional use permit. Comments and questions may be forwarded to gmcintosh@brooklyncentermn.gov up until 4:30 pm on the day of the meeting, or by contacting Ginny McIntosh at (763) 569-3319. Your comments will be included in the record and addressed as part of the meeting. Alternatively, you may participate in the Planning Commission meeting via Webex at: logis.webex.com Meeting Number (Access Code): 2634 334 7956 Password: BCPC04092026 By Phone: 1 (312) 535-8110 (Enter Access Code) Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. Respectfully, Ginny McIntosh Interim Deputy Community Development Director and Planning Manager Exhibit B Page 107 of 131 Pa g e 1 0 8 o f 1 3 1 City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org Community Development 763-569-3300 April 3, 2026 7025 Halifax Ave N Eagle Ridge Academy Upon a recent inspection on 3/24/2026 for the Occupancy of Eagle Ridge Academy to be located in St Alphonsus Church located at 7025 Halifax Ave N. The proposed use of an “E” Occupancy in the existing building located at 7025 Halifax Ave N has been completed. The building was reviewed as a “IIB” type of construction, partially fire sprinklered and “A3” occupancy. Items upon inspection found to be not in compliance with the Minnesota State Building Code and Minnesota State fire code were: Corrections: 1.Prior to a Certificate of Occupancy, Zoning requirements and approvals must be completed . 2.Health Department must review the kitchen facility (if necessary) and provide approval. Please contact the Hennepin County Health Department to verify any approvals if needed. 3.An Exit sign shall be located at the doors located in the gym on the South end. MNBC 1013.1. 4.Emergency lighting located in cafeteria shall have the emergency backup batteries replaced where they are not functioning in corridors. MNBC 1008.3.1. 5.An Occupant load sign shall be posted at the main entry that stats: “Maximum occupant load 300”. Once the items listed above are corrected, a certificate of Occupancy for the additional inside the existing church can be issued as requested. A Certificate of Occupancy is required for new buildings or a Change in occupancy as per MN Admin 1300.0220 Subp 1. The legal occupancy of any structure existing on the date of adoption of the code shall be permitted to continue without change per MN Admin 1300.0220 Subp 2. Exhibit C Page 109 of 131 City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org Dan Grinsteinner Building Official City of Brooklyn Center 763-569-3313 Page 110 of 131 Exhibit D Page 111 of 131 Council Regular Meeting DATE: 4/27/2026 TO: City Council FROM: Ginny McIntosh, Planning Manager THROUGH: Daren Nyquist, Interim City Manager BY: Ginny McIntosh, Planning Manager SUBJECT: An Ordinance Amending Section 35-4013 (Allowed Use Table) of the City Code of Ordinances Regarding Cemeteries in the Public Open Space Zoning District and Certain Amendments to Section 35-4409 (Temporary Uses and Structures) — 1st Reading Requested Council Action: (1) Motion to waive and conduct a first reading of the ordinance amendments contemplated under Planning Commission Application No. 2026-004. (2) Motion to schedule a second reading for May 11, 2026. Background: The City of Brooklyn Center (“the Applicant”) is requesting an ordinance amendment to Chapter 35 of the City Code to (1) permit cemeteries in the O (Public Open Space) District as a conditional use and amend Section 35-4409 (Permitted Temporary Structures and Uses) to (2) allow for Mobile Food Units to operate on O District properties, and (3) outline a requirement that Mobile Food Units must obtain a Mobile Food Unit License from the Hennepin County Health Department and provide documentation of an inspection or complete an inspection with the City of Brooklyn Center Fire Department prior to operating within the City in accordance with Chapter 5 of the City Code of Ordinances. Due to the nature of the request, a public hearing notice was published in the Brooklyn Center Sun Post on March 26, 2026 (Exhibit A), and the public hearing notice was posted to the City of Brooklyn Center’s website. A public hearing was held at the Planning Commission meeting on April 9, 2026. No public comments were received in advance of or at the meeting. The Commissioners engaged in discussion around the three proposed amendments, with the majority of time dedicated to discussions about allowing Mobile Food Units (food trucks) to operate on O (Public Open Space) District zoned properties. One of the Commissioners noted that, while it was time-consuming, he indicated a preference for splitting up ordinance amendments and reviewing them on a case-by-case basis. City staff noted that it was not out of the ordinary to bring forward multiple ordinance amendment revision requests at the same time and that it was the most efficient way to handle them as they take many months to go into effect. In this particular case, City staff noted that the three amendments requested were, for the most part, administrative. the request to allow for "cemeteries" as a conditional use in the O District was known by Page 112 of 131 both the Planning Commission and City Council as it was a condition of approval for Planning Commission Application No. 2026-002. The Commissioners noted that, generally, there was support fo this ordinance amendment. Regarding the request to allow for Mobile Food Units (food trucks) on O District properties, this was an oversight of City staff as, effectively, all O District properties are owned by the City of Brooklyn Center and the City has been allowing food trucks to operate at City Parks as part of Special Event Permits. The Commissioner noted concern that, by allowing Mobile Food Units to operate in City Parks, it would be seen as allowing anyone to set up their food truck in the park on an ongoing basis. City staff noted that the City might face that whether it's permitted or not, and has previously shut down businesses that were operating on City and EDA-owned properties. Ultimately, the O District properties are almost entirely owned by the City and the City Council would need to make a policy decision as to whether they wanted Mobile Food Units to operate on an ongoing basis in City Parks. At this time, the only mechanism for having Mobile Food Units operate are as part of an approved event (Special Events Permit), and not as a standalone operation. Minimal comments were made with respect to the requested footnote amendments to Section 35-4409 that provides clarifying language around the necessity of a valid Hennepin County Health Department Mobile Food Unit License and proof of an inspection of completion of an inspection by the City of Brooklyn Center Fire Department prior to operating within the City. The Planning Commission ultimately recommended approval (5-1) of the requested ordinance amendments contemplated under Planning Commission Application No. 2026-004. A copy of the staff report with exhibits and PowerPoint are included with this report. The requested ordinance amendments will require a first reading at the April 27, 2026 City Council meeting and a requested second reading at the May 11, 2026 Council meeting. Budget Issues: None to consider at this time. Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: Page 113 of 131 1. PowerPoint Presentation — Planning Commission Application No. 2026-004 (1st Reading) 2. Staff Report with Exhibits — Planning Commission Application No 2026-004 Page 114 of 131 Page 115 of 131 Page 116 of 131 Page 117 of 131 Page 118 of 131 Page 119 of 131 Page 120 of 131 App. No. 2026-004 PC 04/09/2026 Page 1 Planning Commission Report Meeting Date: April 9, 2026 Application No. 2026-004 Applicant: City of Brooklyn Center Request: Ordinance Amendment (Text) Map 1. Public Open Space (O) District Properties. REQUESTED ACTION The City of Brooklyn Center (“the Applicant”) is requesting an ordinance amendment to Chapter 35 of the City Code to (1) permit cemeteries in the O (Public Open Space) District as a conditional use and amend Section 35-4409 (Permitted Temporary Structures and Uses) to (2) allow for Mobile Food Units to operate on O District properties, and (3) outline a requirement that Mobile Food Units must obtain a Mobile Food Unit License from the Hennepin County Health Department and provide documentation of an inspection or complete an inspection with the City of Brooklyn Center Fire Department prior to operating within the City in accordance with Chapter 5 of the City Code of Ordinances. Due to the nature of the request, a public hearing notice was published in the Brooklyn Center Sun Post •Application Filed: 03/10/2026 •Review Period (60-day) Deadline: •Extension Declared: No •Extended Review Period Deadline: Page 121 of 131 App. No. 2026-004 PC 04/09/2026 Page 2 on March 26, 2026 (Exhibit A), and the public hearing notice was posted to the City of Brooklyn Center’s website. ORDINANCE AMENDMENT (TEXT) Background Per Section 35-71301 (Applicability), an amendment of the City’s Unified Development Ordinance may be initiated by the City Council, Planning Commission, or a City property owner. In this particular case, the amendment request was in light of discussions with the applicant for Planning Commission Application No. 2026-002, which was a request to construct a permanent office and maintenance building at Mound Cemetery (3515 69th Avenue North and County addressed as 6705 Beard Avenue North). During those discussions, City staff realized that, when the City updated Chapter 35 of the City Code, “cemeteries,” as outlined under Section 35-4103 (Allowed Use Table), were permitted as a conditional use in the R1 (Low Density Residential) District, but not the City’s O (Public Open Space) District, which is a new zoning district as of 2023. As the City’s only cemetery, Mound Cemetery had long been zoned R1 District; however, the changes made to Chapter 35 in 2023 resulted in the property being rezoned to an O District property. This change was not reflected when the Allowed Use Table under Section 35-4103 was updated. In conversing with the City Attorney, City staff were advised to proceed with the site and building plan and conditional use permit requests outlined under Planning Commission Application No. 2026-002, but directed to place a condition on the approvals that would require the City to amend Chapter 35 of the City Code and update Section 35-4103 to allow for cemeteries in the O District as a conditional use. While there were initial discussions about removing cemeteries as a conditional use in the R1 District, City staff, at that time, were in communication with a property owner who expressed interest in burying cremated remains on their R1-zoned property. As the proposed ordinance amendment was in process during these discussions, City staff elected to not pursue any changes to the R1 District at this time with respect to “cemeteries” as the burial of cremated remains would require a property owner to establish a “cemetery” per State Statute Chapter 307 (Private Cemeteries). As City staff were reviewing the requested ordinance amendment, it was further noted that Mobile Food Units (i.e. food trucks) were not permitted as a temporary use in the City’s O District despite many events taking place in O District-zoned City Parks. City staff determined Section 35-4409 (Permitted Temporary Uses and Structures) should also be updated for consistency and clarifying language included with respect to recent amendments to Chapter 5 of the City Code, which now require Mobile Food Units to either provide evidence or undergo an inspection with the City of Brooklyn Center Fire Department before operating in the City. City staff worked with the City attorney to amend certain language within Sections 35-4103 and 35-4409 to read as follows: Page 122 of 131 App. No. 2026-004 PC 04/09/2026 Page 3 ORDINANCE NO. ________ AN ORDINANCE AMENDING SECTION 35-4103 ALLOWED USE TABLE OF THE CITY CODE OF ORDINANCES REGARDING CEMETERIES IN THE PUBLIC OPEN SPACE ZONING DISTRICT AND SECTION 35-4409 TEMPORARY USES AND STRUCTURES CERTAIN AMENDMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 35, Section 35-4103 Allowed Use Table is amended by adding the following double-underlined language strikeout indicates matter to be deleted: (Strikeout indicates matter to be deleted, double-underline indicates new matter.) Article II. Brooklyn Center City Code, Chapter 35, Section 35-4409 Permitted Temporary Uses and Structures double-underlined language, strikeout indicates matter to be deleted: Use Category and Use Type Construction Dumpster Garage/ Yard Sale Outdoor Dining* Outdoor Sales* Portable Storage Container Mobile food units Signs, Temporary O P P Use Specific Standards in Section: 35- 4409(g)(1) 35- 4409(g)(2) 35- 4409(g)(3) 35- 4409(g)(4) 35-4405 35- 4409(d) 35- 4409(g) (7) (6) See sign code (Strikeout indicates matter to be deleted, double-underline indicates new matter.) 6) Mobile Food Units must obtain a Mobile Food Unit License from Hennepin County Health Department and provide documentation of an inspection or complete an inspection with the City of Brooklyn Center Fire Department in accordance with Chapter 5 of the City Code of Ordinances. In reviewing requests for ordinance amendments, certain amendment criteria shall be considered as outlined under Section 35-71304 (Amendment Criteria). The Planning Commission and City Council shall review the necessary submittal requirements, facts, circumstances of the proposed amendment, and make a recommendation and decision on the amendment based on, but not limited to, consideration of the following criteria and policies: P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use-Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX- B I O PUBLIC, INSTITUTIONAL, AND CIVIC USES COMMUNITY AND CULTURAL FACILITIES Cemetery C C Page 123 of 131 App. No. 2026-004 PC 04/09/2026 Page 4 a.Whether there is a clear and public need or benefit; b.Whether the proposed amendment is consistent with and compatible with surrounding land use classifications; c.Whether all permitted uses in the proposed zoning district can be contemplated for development of the subject property; d.Whether there have been substantial physical or zoning classification changes in the area since the subject property was zoned; e.Whether there is an evident, broad public purpose in the case of City-initiated rezoning proposals; f.Whether the subject property will bear fully the UDO development restrictions for the proposed zoning districts; g.Whether the subject property is generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography, or location; h.Whether the rezoning will result in the expansion of a zoning district, warranted by: 1)Comprehensive Planning; 2)The lack of developable land in the proposed zoning district; or 3)The best interests of the community. i.Whether the proposal demonstrates merit beyond the interests of an owner or owners of an individual parcel. j.The specific policies and recommendations of the Comprehensive Plan and other City plans; k.The purpose and intent of this UDO, or in the case of a map amendment, whether it meets the purpose and intent of the individual district; and l.If applicable, the adequacy to buffer or transition between potentially incompatible districts. 2040 Comprehensive Plan Prior to the 2023 update to the City’s zoning code, the majority of the City’s open spaces and parks were zoned R1 (Low Density Residential), and no zoning district was truly dedicated for the preservation or encouragement of lands designated for public park and open space use. This was despite the City’s past Comprehensive Plans designating lands for open space and parks usage. One of the three major principles identified in the 2040 Comprehensive Plan focuses on the protection and enhancement of connected parks, open spaces, natural areas, and the integration of neighborhood-based services. Approximately 7.66 percent (%) or approximately 410 acres of the City of Brooklyn Center, have a future land use designation of “Parks, Open Space, Recreation” under the 2040 Comprehensive Plan, with Mound Cemetery comprising approximately 13.7 acres of that total. This designation is intended for active and passive park uses and natural preservation. Uses within this designation include active park areas, including playfields, athletic complexes, publicly owned golf courses, zoos, and other similar uses, while passive park areas may include nature areas, resource protection and buffer areas, trails, picnic areas, public fishing and similar uses. When initially reviewing Mound Cemetery and its existing zoning designation, City staff initially considered rezoning the property back to R1 (Low Density Residential) District; however, there were two main reasons why this was not pursued: 1) A rezoning would have resulted in a comprehensive plan amendment, and 2) cemeteries have historically been viewed as permanent “open space” with many similarities to public parks, and this protects the use. Unified Development Ordinance (Chapter 35) There are 75 properties zoned O (Public Open Space) District, with 69 of those owned by the City, Page 124 of 131 App. No. 2026-004 PC 04/09/2026 Page 5 Village, or Economic Development Authority of Brooklyn Center. Many of these properties are adjacent to one another and their combined parcels make up a city park. Examples include: Centennial Park, Evergreen Park, Eugene H. Hagel Arboretum and Kylawn Park, and Centerbrook Golf Course and Lions Park. Other uses currently allowed, either by right or as a conditional use in the City’s O (Public Open Space) District, include: libraries and art galleries, commercial urban agriculture, golf courses and essential accessory buildings, public recreational uses of a noncommercial nature (i.e. as provided by the state or a local government and dedicated to public uses, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water- oriented facilities used for recreation), and other uses similar in nature as determined by the City Council. Mound Cemetery was established in 1862 and predates both the City of Brooklyn Center and the State of Minnesota, with some of the graves dating back to 1855. The rezoning of the property from R1 to O District in 2023 ultimately resulted in the cemetery becoming a nonconforming use. As Mound Cemetery was re-platted in 2020 under Planning Commission Application No. 2020-009 to take back formerly leased property from the City of Brooklyn Center to allow for the expansion needs of the cemetery, it would not be in the best interest of the community to constrain the cemetery as the need for the use is apparent in Brooklyn Center and the surrounding community. As almost all of the O District-zoned properties are owned by the City in some form, City staff are not necessarily concerned about other O District properties converting to a cemetery use, and any requests to allow for additional cemeteries to be established would require an applicant to submit a Planning Commission application for consideration by the Planning Commission and City Council and follow the process set out by Minnesota State Statute to establish a public or private cemetery under Chapters 306 and 307, respectively. With respect to the changes to Section 35-4409, the majority of large events held in the City are at O District-zoned properties and specifically City parks. These events not only serve the City but the community at large by bringing people together for a variety of community and cultural events, and allowing small businesses, some of which are based out of Brooklyn Center, to participate and sell their products and allow opportunities to advertise their business. The City’s Special Events Permit allows for the presence of Mobile Food Units or “food trucks” during events and as Chapter 5 was recently amended to require copies of a Mobile Food Unit license from Hennepin County as well as evidence of an inspection or completion of an inspection by the Brooklyn Center Fire Department, there is an evident, broad public purpose, and it is in the City’s interest to ensure the City’s various policies, permit applications, and codes are all speaking to one another. RECOMMENDATION Based on the above noted findings, and in response to Section 35-71304 (Amendment Criteria) of the City Code, City staff recommends the Planning Commission recommend City Council approval of Planning Commission Application No. 2026-004, which would amend Sections 35-4103 (Allowed Use Table) and 35-4409 (Permitted Temporary Uses and Structures) to (1) allow for “cemeteries” as a conditional use in the O (Public Open Space) District, (2) allow Mobile Food Units to operate on O District properties, and (3) provide clarifying language that Mobile Food Units must obtain a Mobile Food Unit license from the Hennepin County Health Department and provide documentation of an Page 125 of 131 App. No. 2026-004 PC 04/09/2026 Page 6 inspection or complete an inspection with the Brooklyn Center Fire Department in accordance with Chapter 5 of the City Code of Ordinances. Attachments Exhibit A- Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated March 26, 2026. Exhibit B- Map of Existing O (Public Open Space) District Properties. Page 126 of 131 Exhibit A Page 127 of 131 Page 128 of 131 1 CITY OF BROOKLYN CENTER Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, April 9, 2026 at 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 to hear from the public, discuss, and make a recommendation upon an ordinance amending (1) Chapter 35 of the City Code to permit cemeteries in the O (Public Open Space) District and (2) Section 35-4409 Permitted Temporary Structures and Uses. Public hearing materials can be accessed and will be available in advance of the meeting by visiting the City of Brooklyn Center’s website at: https://www.brooklyncentermn.gov/. Interested persons are welcome to attend the hearing and be heard regarding this matter. Comments and questions may be forwarded to Ginny McIntosh, Interim Deputy Community Development Director and Planning Manager at gmcintosh@brooklyncentermn.gov or (763) 569-3319 up until 4:30 pm on the day of the hearing. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. ORDINANCE NO. ________ AN ORDINANCE AMENDING SECTION 35-4103 ALLOWED USE TABLE OF THE CITY CODE OF ORDINANCES REGARDING CEMETERIES IN THE PUBLIC OPEN SPACE ZONING DISTRICT AND SECTION 35-4409 TEMPORARY USES AND STRUCTURES CERTAIN AMENDMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 35, Section 35-4103 Allowed Use Table is amended by adding the following double-underlined language strikeout indicates matter to be deleted: Article II. Brooklyn Center City Code, Chapter 35, Section 35-4409 Permitted Temporary Uses and Structures double-underlined language, strikeout indicates matter to be deleted: P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use-Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX- B I O PUBLIC, INSTITUTIONAL, AND CIVIC USES COMMUNITY AND CULTURAL FACILITIES Cemetery C C Page 129 of 131 2 Use Category and Use Type Construction Dumpster Garage/ Yard Sale Outdoor Dining* Outdoor Sales* Portable Storage Container Mobile food units Signs, Temporary O P P Use Specific Standards in Section: 35- 4409(g)(1) 35- 4409(g)(2) 35- 4409(g)(3) 35- 4409(g)(4) 35-4405 35- 4409(d) 35- 4409(g) (7) (6) See sign code 6)Mobile Food Units must obtain a Mobile Food Unit License from Hennepin County Health Department and provide documentation of an inspection or complete an inspection with the City of Brooklyn Center Fire Department in accordance with Chapter 5 of the City Code of Ordinances. Article III. Severability. Should any section or part of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as a whole or any part other than the part declared invalid. Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ____ day of _____________, 2026. _______________________________ April Graves, Mayor ATTEST: _________________________ Shannon Pettit, City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double-underline indicates new matter.) Page 130 of 131 Ex h i b i t B Pa g e 1 3 1 o f 1 3 1