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HomeMy WebLinkAbout04-25-22 CCP                             !"#$ %  &  '   &   %  ()#)*#*) *+,,  ( -,-*,,*"".$ ( ++-/. % #0#"##                !  )$      ! 1   %%  ! 23   ##"## ! "#$    % & #  '  (# Commission Serving with Expired Terms (2/11/22) 4/20/22 Financial Commission – Total of 7 seats and currently 2 vacancies Name Last Appointment Date Term Ending Date Teneshia Kragness 1/8/18 12/31/23 David Dwapu 1/8/18 12/31/23 Taofeek Ishola 6/10/19 12/31/21* Emmanuel Kpaleh 6/9/20 12/31/23 Dean Van Der Werf 12/14/15 12/31/21* (*) Term expired Two members serving with expired terms. Both have reapplied. New Applications Carmina Pratt Yolanda Hunter Resolution 99-110 Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Housing Commission – Total of 7 seats (2 vacancies) Name Last Appointment Date Term Ending Date Paul Oman 3/12/18 12/31/18 * Zarita Hester 3/22/21 12/31/22 Mark Goodell 1/8/18 12/31/20 * De’Ja Carter 3/8/21 12/31/23 Michael Donnelly 3/8/21 12/31/23 (*) Term expired and application on file for reappointment Two members serving with expired terms. Both have reapplied. New Applications Carmina Pratt Resolution 2006-47 Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Park & Recreation Commission – Total of 7 seats (no vacancies) Name Last Appointment Term Ending Date Travis Bonovsky 1/1/17 12/31/19 * Gail Ebert 1/1/17 12/31/19 * Bud Sorenson 1/1/18 12/31/20 * Tanisha Lungelow 6/8/20 12/31/23 David Sanchez Lopez 9/27/21 12/31/24 Paul Carey 9/27/21 12/31/22 Natalie Branch 3/8/21 12/31/24 (*) Term expired and application on file for reappointment Three members serving after term has expired. All three have reapplied. New Application Noah Jeffrey Resolution 98-13 Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Planning Commission – Total of 7 seats (1 vacancy) Name Last Appointment Term Ending Date Peter Omari 3/9/20 12/31/21 Kau Guannu 9/21/21 12/31/22 Alexander Koenig 1/1/18 12/31/21 Alfreda Daniels 6/8/20 12/31/22 Paris Dunn 5/10/21 12/31/21 Stephanie Jones 6/8/20 12/31/22 (*) Term expired and application on file for reappointment Three members are serving with expired terms. One has reapplied. New Application Randy Christensen Resolution 95-82 Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered two-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Sister City Commission – Total of 5 seats Name Last Appointment Term Ending Date Issa Mansaray 3/12/18 12/31/22 Fatu Magassouba 8/26/19 12/31/21 Jacob Saffert 3/12/18 12/31/19* Sheku Samba 3/18/18 12/31/18 Tashawna Williams 3/12/18 12/31/20* (*) Term expired and application on file for reappointment Four members serving with expired terms. Two have reapplied. New Applications Amayanvbo Loveth Osa Eramus Williams Jacob Saffert Tashawna Williams Resolution 2015-159 ARTICLE III. MEMBERSHIP. Section 1. The Commission shall consist of five (5) members who shall be appointed by the City Council upon recommendation of the Mayor. Section 2. The initial appointments to the Commission shall be for one, two, three, four, and five-year terms, and thereafter all appointments shall be for a term of five years or until a successor is qualified. Section 3. Vacancies shall be filled for the unexpired term in the same manner as the original appointment.                            !"#$ %  &  '   &   %  ()#)*#*) *+,,  ( -,-*,,*"".$ ( ++-/. % #0#"##     !"#$%& $&   %%  '  %     1            !2% 3     0        &           4  %    4    %     &    4  %     ' %   %   %% ! 1                  %  ! 5   '   1    ' '    !2% 3       '% &            '    %  ' '   %%  !  '       '   1 4     4  % 4 % '      4 '           4  % 4!6  %          %   !$            ' % 4 ! 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' -9 We Agree To Internal Council Relations – Norms for 2021 – Practiced for next 90 days • Seek to not repeat or re-iterate points that were already shared • Engage in discussion and sharing alternate perspectives without weaponizing other people’s words • Recognize others with “What I heard you say is _____, with your permission, I’d like to move forward now.” • Call for consensus when it’s time to make a discussion • Allow new solutions in a time of dynamic change, process: (1) name the problem (2) find the process to resolve (3) have the discussion (4) make a decision. • After open discussion, close down the chat during council chamber discussion (*need to vote on it).                  !  " #$" % &' &() !  * )#&+  ,,-.                         / 0  ))1 12!03  .45 4 (4 ,,-(0- (    %     %    %       !   ,56 ""#$"    ,5 #, , 11))  17  &*,  11)  17  &*,  118*)  17  &*,  4/11/22 -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 11, 2022 VIA ZOOM CALL TO ORDER The Brooklyn Center City Council met in a Study Session called to order by Mayor Mike Elliott at 6:05 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Community Development Director Meg Beekman, City Attorney Jason Hill, and City Clerk Barb Suciu. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS MISCELLANEOUS IN-PERSON MEETINGS City Manager Reggie Edwards stated the topic of in-person meetings was discussed at the last City Council meeting. He provided the memo by City Attorney Jason Hill to the Council to aid them in making a decision. Councilmember Ryan stated they need to return to in-person meetings. While it is convenient to meet from home, there is less justification to meet remotely from a public health standpoint, as cited by City Attorney Jason Hill in his memo. He added most cities have returned to meeting in person. City Attorney Jason Hill agreed most cities are meeting in person. He noted he doesn’t have anything new to add since the last meeting. It is no longer practical and prudent to continue meeting remotely. Therefore, it is his recommendation to return to in-person meetings. Mayor Elliott stated he would take the issue under advisement. He stated there are recent reports about COVID-19 numbers increasing again due to a new variant. Councilmember Ryan stated he has been receiving complaints from constituents with concerns about how the meetings are remote. He asked if it is the role of the Mayor to make the decision. Mr. Hill stated the statement signed by the Mayor included that the remote meeting must be repealed by the Mayor. The State Statute states the City Manager or City Attorney may make the decision. If there was a majority consensus of the Council to return to in-person meetings, then he 4/11/22 -2- DRAFT could look into options for the City Manager and City Attorney to repeal the statement. Councilmember Ryan stated he would like Mr. Hill to look into alternatives because it is not appropriate for the Mayor to decide on his own. City Clerk Barb Suciu stated Mayor Elliott has left the meeting. Mayor Pro Tem Butler took over the meeting. Councilmember Lawrence-Anderson agreed she would like to meet in person. She added they will later be recognizing Park Center High School, and the recipients will be in Council Chambers without the presence of the Council. Councilmember Graves noted she was in Council Chambers to take photos with the basketball players and provide them with copies of the proclamation. She agreed she would like to meet in person and added there are dividers and masks in place. Councilmember Ryan asked Mayor Pro Tem Butler about her feelings regarding returning to in- person meetings. Mayor Pro Tem Butler stated she enjoys the comfort of her home, but she appreciated meeting with the Council in person at the Board of Equalization meeting. Councilmember Ryan stated the Council is concerned that the City Attorney has advised the Council to return to in-person meetings. They run the risk of becoming problematic with the law, and they need to maintain confidence with the public. Councilmember Ryan asked why Mayor Elliott had to leave the meeting. He noted Mayor Elliott has left several previous meetings early. City Manager Reggie Edwards stated Staff is not sure why Mayor Elliott left the meeting. Mayor Pro Tem Butler asked if the majority of the Council would like to return to meet in person, and what are the next steps. Mr. Hill stated he will put something together for the next meeting that will be on the regular agenda. Mayor Elliott returned to the meeting. He noted there is an option to stay remote while some members of the Council return to Chambers. Mr. Hill stated he will address the option at the next meeting along with the request from Mayor Pro Tem Butler. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS CONCEPT REVIEW FOR 6100 SHINGLE CREEK PARKWAY (FORMER TARGET) Dr. Edwards summarized the topic and introduced Community Development Director Meg Beekman to continue the Staff presentation. Ms. Beekman stated the concept review process is an opportunity for the City Council to review a development concept before a formal proposal from an applicant, provide comments, ask questions, and indicate whether or not the City would be open to the project. Concept reviews are helpful for projects that would involve Economic Development Authority (EDA)-owned land or 4/11/22 -3- DRAFT public subsidy, as it provides insight to staff and the developer as to the City Council’s level of interest, and any specific concerns, related to a project. Ms. Beekman explained concept review is considered advisory and is non-binding to the City and the applicant. No formal action can be taken at a work session, and the Council is not being asked to vote on the proposal. If the developer chooses to submit a formal application to the City to proceed, it would be subject to the full review process, as with any other development application. Ms. Beekman stated the site is at 6100 Shingle Creek Parkway and is 9.01 acres. It has been vacant since 2018 and is owned by Brooklyn Center EDA. She noted the strip mall is not owned by the City. She showed an image of the Opportunity Site Master Plan the site. Ms. Beekman explained the Opportunity Site Master Plan calls for new roadways, a new neighborhood park, and the creation of five new development parcels requires replacing properties and taking out right-of-way, requires negotiations to acquire parkland as sources of funding are constrained and requires land acquisition from adjacent properties to assemble development parcels. She noted development will likely need to be phased in over time given the current market constraints. Ms. Beekman stated the proposal is an International Food Village, anchored by an international food grocer and bulk distributor. It would be a campus-style development with related commercial and community uses. There is an inclusion of a housing component, but the density and unit mix is to be determined. Phasing is proposed to accommodate the timing of site acquisition and food grocer leads. Ms. Beekman showed a site plan which includes a two-level grocery, parking ramp, commercial clinic, multi-family housing, freestanding commercial space, public park, event center, and additional commercial fronting Main Street. The proposal requires the assembly of an adjacent strip mall. The EDA is currently in discussions with the adjacent property owner on acquiring additional land. The project is phased to start on the former Target site and then move south and then west pending land assembly. Ms. Beekman explained a significant amount of due diligence and pre-development will need to occur before the project could move forward. The development team is seeking a Preliminary Development Agreement from the City, which will provide them with the site control they need to begin to gather funding and conduct pre-development work. A full and formal review would take place as part of a land-use application. Ms. Beekman noted tax increment financing will be needed at a minimum to cover public infrastructure improvements. If the Council is favorable to this concept staff will begin drafting a Preliminary Development Agreement to bring back to a future EDA meeting for approval. Ms. Beekman added Mr. James Sanigular, owner of International Food Corporation (IFC), a local food distribution company focusing on African and international foods and his team has been working on the concept to bring an international foods market and bulk food warehouse. They have engaged LSE Architects to look at the former Target site, and adjacent retail strip center, to 4/11/22 -4- DRAFT develop a mixed-use international food village, that would become a destination in the region. Mr. Sanigular introduced his management team to the Council. He explained IFC has been looking for a location for an international food village for several years. They have been actively looking in Brooklyn Center as it is the most diverse area in the State. They have done work with other chain grocery stores. Mr. Sanigular explained the project would increase the tax base for the City and provide more commercial and residential property for the community. He added the development would be the first of its kind in the country. IFC puts a large emphasis on sustainability and promoting mental wellness, food safety, and nutrition education. The location is near many other diverse cities and would be a perfect foundation for the venture. Mohamed Lawal, the CEO and Principal Architect of LSE Architects stated he has been working on the concept of the International Food Village along with IFC. They envision a world-class destination for global foods. He showed the location of the Target site on a regional area map. He noted the proximity to various highways. Mr. Lawal then showed the proposed site plan and neighborhood context. Mr. Lawal explained there are three parcels included in the site plan. The area up for discussion currently is one parcel of approximately 9.01 acres. He then showed a slide with a table depicting the distribution of amenities. The international grocery store would be over 10,000 square feet. Mr. Lawal explained the first phase would include a 75,000 to 100,000 international foods village. The additional stores and services featured in the building could be accessed from either inside the market or the street. They haven’t determined the types of housing, but it would be 175-200 units. They are also proposing a parking ramp to replace all of the surface parking. Mr. Lawal noted LSE is the largest black-owned architectural firm in the Midwest. He showed a slide with a three-dimensional rendering of the site use. There would be apartments with parking underneath, an African brewery and tasting room, an outdoor market, a community park, a north- facing glass facade, cultural murals and art, an open entry plaza on Summit Drive and Shingle Creek, a green roof, street-front commercial space, elevated parking, retail entries along the edge, and townhouses with retail below. Councilmember Ryan stated the Council will need to dig into the details more. He thanked the presenters for the information and their work on the project. The diverse food offerings would be appealing to many cultural groups. Mayor Elliott agreed the project would be a great asset to the community. Councilmember Butler thanked the presenters for their work on the project. She stated she has wanted a global market in Brooklyn Center for a long time and is very excited about the concept and future details. Discussion of this item continued and concluded on April 11, 2022, Work Session. 4/11/22 -5- DRAFT ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Hearing no objection, Mayor Elliott closed the Study Session at 7:00 p.m. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on April 11, 2022. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its April 25, 2022, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 4/11/21 -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 11, 2022 VIA ZOOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in the Informal Open Forum called to order by Mayor Mike Elliott at 7:00 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, City Engineer Mike Albers, Community Development Director Meg Beekman, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the Informal Open Forum. Bri S. stated thanks to the structure of the City’s government, the Council was able to take swift action to pass the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. She noted the City curtailed the militarized response that punished peaceful protestors for exercising their legal right to protest. She noted she does not understand why there is a possibility of a new structure of government in Brooklyn Center. The Council needs to vote against the proposed City structure to keep the government consistent. Lori B. noted she was at the event for Daunte Wright. She agreed with Bri S. and her support of the work by Mayor Elliott in response to the unprecedented crisis in Brooklyn Center. Changing the structure of the government would give the City Manager even more power, and he is already in charge of all of the finances for the City. The decision needs to involve more community engagement. Lori B. stated she helps with the upkeep of the memorial for Kobe Heisler, and there has been an overwhelming amount of positive feedback about the memorial. The site has created opportunities for conversation and reflection. On her most recent visit, she found the City had moved a picnic table and bolted it down in the center of the memorial. It was intentional and an insult to the space created for Kobe. She requested the City relocate the picnic table and noted she would accept any feedback from the Parks and Recreation Department or the City Council to resolve the issue immediately. 4/11/21 -2- DRAFT Lori B. added she would like the invocation to include acknowledgment of the one-year angel- versary of Daunte Wright. She thanked Mayor Elliott and Councilmember Butler for stopping by the gathering. City Manager Reggie Edwards stated he would get more information about the picnic table and get back to Lori B. Wendy O. stated they live on the street where the Daunte Wright memorial is located. They have put up with increased traffic, picking up garbage, and singing. She received a flyer from Daunte Wright’s mother for the event and explained to her that wheelchair-bound neighbors are unable to use the sidewalk due to the memorial. She explained she was told the memorial would be moved. Wendy O. stated they were unable to get to their house because of the barriers and the event. Dr. Edwards stated there are barriers and City personnel at the event. He stated he will call them to see what was happening. The barriers are meant to allow for people to still access their homes. He will call them to address the issue. He added Staff is still working on the issue of the memorial location. Joy G. noted she was at the anniversary event. Some cars can access homes without moving any major barriers. Joy G. added a person who uses a wheelchair has commented to the Council that they can access the sidewalks by the memorial. Joy G. stated she does not understand why they are looking to make any changes to the charter and she is opposed to any governmental structure changes. Han stated she is in a wheelchair and can get around the memorial with no issue. She noted she is at the memorial currently and has no accessibility concerns. Mayor Elliott moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:15 p.m. Motion passed unanimously. Reordering of Agenda Mayor Elliott asked if the item Consent Agenda Item 6c, An Ordinance Amending Chapter 2, Section 2.08 of the City Charter of Brooklyn Center (First Reading), needed to be voted on this evening. Dr. Edwards stated item Consent Agenda Item 6c, An Ordinance Amending Chapter 2, Section 2.08 of the City Charter of Brooklyn Center (First Reading), is only a first reading. From there, there would be a public notice and a public hearing. However, the first reading doesn’t have to happen this evening. Mayor Elliott stated he would like the Council to review Consent Agenda Item E., Resolution Amending Precinct 4, and Absentee Voting Polling Places. 2. INVOCATION 4/11/21 -3- DRAFT This item was considered after the 7. Presentations/Proclamations/Recognitions/Donations Item 7a. Proclamation Declaring March 26, 2022 as “Park Center High School Boys ’Basketball Team Day” and prior to 5. Pledge of Allegiance. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:20 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, City Engineer Mike Albers, Community Development Director Meg Beekman, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING MARCH 26, 2022 AS "PARK CENTER HIGH SCHOOL BOYS BASKETBALL TEAM DAY" Mayor Elliott read in full a Resolution declaring March 26, 2022, as "Park Center High School Boys Basketball Team Day.” City Manager Edwards shared that he was at the game but sitting on the mix of the of Wayzata crew, students, and parents. He added he was proud of the team and their achievement. Isaiah F. stated his favorite moment of the year was playing alongside his best friends. Next year he plans to play college basketball. Keaton L. stated his favorite part of the year was playing with people he has played with since elementary school and going on to the State championship. He plans to continue his academic and athletic pursuits at Macalaster College by playing football and pursuing a degree in computer science. Evanston A. stated his favorite part of the season was seeing his friends play in the State tournament. He added he would like to play college basketball. Mouhamed D. noted his favorite moment of the season was going to Arizona. He added he will be playing football at the University of Sioux Falls. James S. stated he is looking forward to playing college sports. Ayouba B. explained he stated his favorite part of the season was having fun with his team. He stated he doesn't know what his plans are for next year. 4/11/21 -4- DRAFT Cody P. stated his favorite part of the season was playing with friends and he will be attending Lamar University to play basketball. Leo T. stated he will be attending San Jose State University to play basketball. He did a shoutout for his friends in Victoria Townhomes. Braden C. stated his favorite moment from the year was watching the coaches run. He stated he will be continuing his academic and athletic career at the University of Minnesota. Cash C. stated his favorite memory was going out to eat with his teammates. He added he will be staying at home in Park Center. An unidentified speaker clarified Cash C. is a sophomore. He recognized the coaches, a variety of Park Center staff, and the parents of the team. Mayor Elliott congratulated the team on their victory and showed what excellence looks like. He added it is not just about athletic excellence but also academic excellence. He stated whatever they do, do it to the fullest extent. 2. INVOCATION Councilmember Graves noted it is the first anniversary since Daunte Wright lost his life at the hands of police officer Kim Potter. She explained she is proud of the progress the City has made in the past year. She then read a statement she wrote on April 14, 2021, regarding the incident, the aftermath, and the feelings the community has experienced. Mayor Elliott stated they would take a minute of silence for Daunte Wright. Councilmember Lawrence-Anderson noted her prayers are with the family. Councilmember Ryan stated Councilmember Graves has done an excellent job of expressing the feelings that he has experienced. Daunte Wright should be alive. They will continue to determine how to govern the community in the best interest of all people. Councilmember Butler echoed the beautiful statement of Councilmember Graves. She stated she was able to express her condolences to the family before the meeting. She acknowledged it is a difficult day for the City. The City has made progress in the past year, and the best way to honor Daunte is to continue the work. Mayor Elliott stated they are reminded of how deadly the consequences are if the City doesn’t succeed in the work they are undertaking. He noted members of the community have expressed concerns about their children becoming old enough to drive. Such a thing should not happen in America, the greatest country in the world. There are black and brown people all over the country that are not safe. They cannot be divided based on color. Instead, they must unite to transform the community. The future of Brooklyn Center is incredibly bright. 4/11/21 -5- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was not recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Elliott suggested they move Consent Agenda Item 6c., An Ordinance Amending Chapter 2, Section 2.08 of the City Charter of Brooklyn Center (First Reading), to become Council Consideration Item 10a., An Ordinance Amending Chapter 2, Section 2.08. Mayor Elliott moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 28, 2022 – Study Session 2. March 28, 2022 – Regular Session 3. March 28, 2022 – Work Session Session 6b. LICENSES GARBAGE HAULER Dick's Sanitation Service 8984 215th Street West Lakeville, MN 55044 GASOLINE SERVICE STATION Northern Tier Retail LLC 1901 57th Avenue North dba: Speedway Brooklyn Center, MN 55430 Northern Tier Retail LLC 6950 Brooklyn Boulevard dba: Speedway Brooklyn Center, MN 55429 Northern Tier Retail LLC 6545 West River Road dba: Speedway Brooklyn Center, MN 55430 HOSPITALITY ACCOMMODATIONS LICENSE Extended Stay America 2701 Freeway Boulevard Brooklyn Center, MN 55430 LIQUOR 3.2 OFF SALE Northern Tier Retail LLC 1901 57th Avenue North dba: Speedway Brooklyn Center, MN 55430 Northern Tier Retail LLC 6950 Brooklyn Boulevard dba: Speedway Brooklyn Center, MN 55429 4/11/21 -6- DRAFT Northern Tier LLC 6545 West River Road dba: Speedway Brooklyn Center, MN 55430 MECHANICAL Corporate Mechanical 5114 Hillsboro Avenue North New Hope, MN 55428 First Class Plumbing & Heating LLC 108 Dundas Road Suite H2 Monticello, MN 55362 GV Heating & Air Inc 5182 West Broadway Crystal, MN 55429 Kirts Mechanical 2803 Roth Place White Bear Lake, MN 55110 RENTAL INITIAL (TYPE IV – six-month license) 6918 Halifax Avenue North Gracelands LLC 6112 Quail Avenue North David I. Koenig 3006 51st Avenue North Naisha Nicole Bell INITIAL (TYPE III – one-year license) 5555 Dupont Avenue North Maria Magdalena Velez 2912 Nash Road ML Henjum Etal INITIAL (TYPE II – two-year license) 6001 Earle Brown Drive Evercare Senior Living LLC 1619 73rd Avenue North SFR Acquisitions 2 LLC 3025 65th Avenue North Wilmer Alexander G. Mendoza RENEWAL (TYPE IV – six-month license) 700 66th Avenue North Georgetown-BC Company LLLP C/O James Wiensch 3401 47th Avenue North BMW Holding LLC Et Al C/O Halverson & Blaiser Group 5347 Penn Avenue North Abdifatah Mohamed Abdullahi & Yassin Mahamud Noor 4/11/21 -7- DRAFT 5338-40 Queen Avenue North Thanh Kim Oan 6130 Scott Avenue North 2017 1 Ih Borrower L P C/O Invitation Homes 2006 Brookview Drive Mnsf Ii W1 LLC 3812 Commodore Drive David Koenig 5442 James Avenue North Gerald R. Stigsell 6614 Bryant Avenue North Yi Lin & Xi Lin 6243 France Avenue North FYR SFR Borrower LLC C/O Altisource Asst Mgmt Cor 3100 Thurber Road Tyler Morgan Henderson 6706 Toledo Avenue North Stephen Burson RENEWAL (TYPE III – one-year license) 6804 Fremont Place North M Shaffer & C Shaffer 1325 68th Lane North Roth Wagner 2 LLC C/O Konrad Wagner 3224 62nd Avenue North Laura A. Mills RENEWAL (TYPE II – two-year license) 5739 James Avenue North Rifive Investments LLC 1012 72nd Avenue North Hpa Us1 LLC 7085 Unity Avenue North I-chang Wen & Yanhua Sun RENEWAL (TYPE I – three-year license) 5353 72nd Circle D Gilbert/b Notenberg Et Al Donovan Gilbert 2208 69th Avenue North 3511 Fremont LLC | Jaden Ghylin 6037 June Avenue North Miller Rental Properties LLC 5942 Aldrich Avenue North Joseph Palen | BRP II LLC TOBACCO RELATED PRODUCTS 4/11/21 -8- DRAFT Northern Tier Retail LLC 1901 57th Avenue North dba: Speedway Brooklyn Center, MN 55430 Northern Tier Retail LLC 6950 Brooklyn Boulevard dba: Speedway Brooklyn Center, MN 55429 Northern Tier LLC 6545 West River Road dba: Speedway Brooklyn Center, MN 55430 6c. WATER METER PURCHASE AND INSTALL CONTRACT - FERGUSON WATERWORKS 6d. RESOLUTION NO. 2022-43; IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS 6e. RESOLUTION NO. 2022-44; AMENDING PRECINCT 4 AND ABSENTEE VOTING POLLING PLACES 6f. RESOLUTION NO. 2022-45; APPROVING AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK FOR THE IMPROVEMENT OF A PORTION OF 73RD AVENUE NORTH (HALIFAX AVENUE NORTH TO FRANCE AVENUE NORTH) TOGETHER WITH A PORTION OF KYLE AVENUE NORTH (WOODBINE LANE TO SHARI ANN LANE) AND TOGETHER WITH A PORTION OF NOBLE AVENUE NORTH (WOODBINE LANE TO NOBLE COURT NORTH) 6g. RESOLUTION NO. 2022-46; APPROVING AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK FOR THE MAINTENANCE OF A PORTION OF 73RD AVENUE NORTH (HALIFAX AVENUE NORTH TO FRANCE AVENUE NORTH) TOGETHER WITH A PORTION OF KYLE AVENUE NORTH (WOODBINE LANE TO SHARI ANN LANE) AND TOGETHER WITH A PORTION OF NOBLE AVENUE NORTH (WOODBINE LANE TO NOBLE COURT NORTH) 6h. RESOLUTION NO. 2022-47; DECLARING APRIL 17-24, 2022, TO BE COMMUNITY CLEANUP WEEK 6i. RESOLUTION NO. 2022-48; DECLARING APRIL 22, 2022, AS EARTH DAY IN BROOKLYN CENTER Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 4/11/21 -9- DRAFT 7a. PROCLAMATION DECLARING MARCH 26, 2022 AS "PARK CENTER HIGH SCHOOL BOYS BASKETBALL TEAM DAY" This item was considered after 4. Roll Call and before 2. Invocation. 7b. OPPORTUNITY SITE PILOT PROJECT – COMMUNITY ENGAGEMENT UPDATE Dr. Edwards introduced Community Development Director Meg Beekman to continue the Staff presentation. Ms. Beekman stated at the June 28, 2021, meeting, that the City Council approved moving ahead with a community engagement process related to the Opportunity Site. The engagement process would focus on the initial pilot development project being led by developer Alatus. The approved engagement process authorized staff to enter into contracts with up to 10 local community-based organizations to lead community engagement efforts. Ms. Beekman noted as part of this work, a citizen advisory task force was to be formed, which would distill the larger engagement efforts and work to identify a term sheet for the development, which would form the basis of a community benefits plan. Ms. Beekman added the city contracted with NEOO Partners to manage the engagement effort and provide technical assistance to the local community partners conducting the engagement work. In addition to leading their community engagement efforts, ACER was contracted to form and facilitate the citizen advisory taskforce. The citizen advisory task force is tasked with receiving the engagement data from the community partners, distilling that information, and delivering to the City an equity development scorecard and a community benefits agreement based on the engagement work. Ms. Beekman stated at the November 22, 2021, City Council meeting, NEOO Partners and ACER, Inc co-presented an update of the work to the City Council. Much work has been accomplished since this process began in June. The community partners have been out in the community door- knocking, holding focus group sessions, and larger community listening sessions. The engagement work has been concluded and passed on to the citizen advisory task force. ACER has convened the citizen advisory task force and they have largely completed their work. Ms. Beekman noted an April 19, 2022 meeting has been scheduled for the community partners to report to the community the results of their work. For April 11, 2022, City Council meeting, a select group of community partners will report their findings to the City Council and present their final engagement report. The Council is being asked to accept the team’s engagement report. Christina Berry, the representative of NEOO Partners, explained that NEOO Partners is a real estate, urban planning, and community engagement firm that was selected to oversee the community engagement process for the Opportunity Site. They have been working with various local organizations that have met with over 2,000 residents and 50 local businesses. The 4/11/21 -10- DRAFT engagement team asked a variety of questions regarding the Opportunity Site and provided information about the project. Andrew Mua, Youth Outreach Specialist for Brooklyn Bridge for Youth, started by acknowledging the first anniversary of the death of Daunte Wright. He explained the engagement goals were to inform the development of the proposed Downtown Masterplan and its implementation, build relationships with youth using an intentional engagement model, and expose and provide opportunities to youth to engage with city systems that have not traditionally been available to them. Mr. Mua noted advancing equity is ensuring they are including those most impacted and least included in planning historically. They approached this work with careful intentionality to amplify youth views and voices in community development efforts. Mr. Mua stated the engagement was a direct continuation of work from 2019. Four themes emerged from their times in the schools including investing more funds into schools and education, expanded retail and entertainment options, affordable housing opportunities and expanded housing, and community spaces for youth and families to bond. He added there was a disconnect between gentrification and the impacts of development that comes from introducing retail, entertainment, and housing. Mr. Mua showed a slide depicting the Youth Outreach and Engagement Model that was built out between staff and four interns. They engaged with 51 students, and the intention was to go deeper by building relationships with 51 students rather than just extracting knowledge from the youth. Mr. Mua explained they engaged with youth in the Brooklyn Center High School and the Brooklyn Center Early College Academy across four grades. 90 percent of the students engaged in the process were youth of color, which was representative of the greater Brooklyn Center community. Mr. Mua noted part of intentional engagement with young people is building community. They wanted to make sure that there is a relationship between us and the students while also learning about youth and how they view Brooklyn Center. There was a central theme of moving forward together. One student noted student life is dominated by schools. If teachers and schools don’t make personal connections or promote positive environments for their students, it will reflect on how students feel about their community. Mr. Mua stated based on feedback from the youth, the strengths of the downtown plan include a community‐centered approach designed to bring people and families together, a walkable and bikeable area with activities and space that otherwise are not currently being used, emphasis on small‐business development for economic growth of local business owners with the potential for job creation for youth and adults, centralized services make the area more accessible for folks with transportation barriers and reduces financial burden attached with commuting, expanded housing for affordable living, and green spaces and added parks for both youth and families to enjoy. Mr. Mua noted some pieces of the Opportunity Site require more clarification based on the feedback from the youth. For example, they would like to see an intentional plan or consideration 4/11/21 -11- DRAFT that focuses on the public safety of residents and their well‐being, essential businesses and spaces related to health, basic needs, and other specialized services for people from all backgrounds, strong efforts by the city to prevent gentrification and displacement of current residents, affordable recreation, entertainment, and public art, environmentally friendly plan that focuses on clean building, clean streets, and clean water, and development that leads to improved community education. Mr. Mua added there were other key findings from the youth engagement process that may be of importance to the Council and the project. Youth have expressed an interest in moving the community forward and together, and there is a strong sense of pride that is harbored in youth in Brooklyn Center. Especially when their school experience is positive, it impacts their view of the city. There is a gap in engagement between existing city assets and the community. Students have expressed the need for certain services yet are unaware that some of these services exist within the city. Mr. Mua explained youth would like to see public safety implemented into the overall plan, and youth want to feel safe and secure. They were also interested in direct and intentional efforts to prevent inequitable impacts of development for residents. Students want to see themselves and their families prioritized first. Also, it was not clear to students how this will impact their schools. Mr. Mua stated overall, youth feel a strong sense of passion and pride in the people of Brooklyn Center, but not in the physical space of the city. There was a sense of being an underdog and it’s reflected in how they view the empty lots and spaces in their city, or their differences in experiences in comparison to their peers in other cities. Mr. Mua thanked a variety of people and organizations that have supported his youth engagement work. He offered to answer any questions the Council may have. Mayor Pro Tem Butler noted Mayor Elliott asked her to take over the meeting. Councilmember Ryan asked what was the total cost of the engagement efforts. Ms. Beekman stated the invoices are still incoming. The Council had originally agreed to an engagement process not to exceed $300,000. After some refinement, there was a lower budget agreed upon by the Council. Councilmember Ryan noted there have been concerns that there has not been widespread enough engagement to support the project. Councilmember Ryan noted his agreement that the plan should look at gentrification and displacement. He stated he expects the Community Development Director has considered such factors. There is research about gentrification, displacement, new developments, and affordable housing that needs to be considered. The Council may be giving their discretion up to affordable housing advocates without thinking about the greater need of the residents of Brooklyn Center. Mayor Pro Tem Butler thanked Mr. Mua for the presentation and noted her excitement for the depth of youth engagement included in the process. Mayor Pro Tem Butler moved and Councilmember Graves seconded to accept the presentation 4/11/21 -12- DRAFT Opportunity Site Pilot Project - Community Engagement Update. Motion passed unanimously. 7c. HIGHWAY 252/I-94 ENVIRONMENTAL IMPACT STATEMENT (EIS) UPDATE Dr. Edwards introduced the item and welcomed City Engineer Mike Albers to continue the Staff presentation. Mr. Albers stated the City is partnering with MnDOT, Hennepin County, the City of Brooklyn Park, and the City of Minneapolis on an Environmental Impact Statement for the Highway 252/I- 94 corridor from Highway 610 in Brooklyn Park to 4th Street in Minneapolis. The project partners will use the Economic Impact Statement (EIS) to gain a better understanding of safety and transportation needs in the area and take a closer look at how a potential construction project could affect the environment surrounding Highway 252 and I-94. Aaron Tag, MnDOT Public Engagement Manager, explained the project is currently in the phase involving the Environmental Impact Statement. The first step of the phase was to determine the purpose and need. Currently, they are working on a Scoping Decision Document. The next phase includes the draft EIS and a formal public comment period. They hope to wrap up the phase at the end of 2025 and begin construction in 2026. Mr. Tag showed a slide depicting the project development process. They started with a mix of elements that may address the needs. Those that move forward past evaluation, look for elements they may be missing. When they have added an element, they restart the process. They are continuing to gather public feedback on several alternatives. Mr. Tag showed a slide depicting the project committee process. The project team compiles project information, shares existing, background, and reference information conducts data analysis and discusses assumptions through a rough framework. From there, the project is reviewed by a Technical and Policy Advisory Committee, various participating agencies, and the public. Mr. Tag stated they have heard concerns from the City Council, and they want to be responsive to those. They have heard interim safety improvements are needed, and safety improvements will be implemented in 2023. Workforce opportunities are important and need to be communicated to the project. MnDOT has developed a workforce plan. MnDOT has also released a request for proposals from community-based organizations to develop and administer two workforce programs for the 252 project. Mr. Tag noted the Council has a desire to see diverse engagement methods. Round Three engagement will include in-person, online, small group, and targeted methods to reach residents where they are and gather meaningful feedback. Air quality and asthma issues are a concern. Air quality and environmental justice analyses are evaluated during the draft Environmental Impact Statement. 4/11/21 -13- DRAFT Mr. Tag stated interim safety improvement measures will come in the late summer of 2023. They will install new pedestrian crosswalk pavement markings at 66th, 70th, 73rd, and 81st Avenues, and Brookdale Drive, deploy speed feedback trailers, upgrade the “One Way” signing, implement Toward Zero Deaths (TZD) strategies, and make the crossing times longer for pedestrians. Mr. Tag added for more specific projects, MnDOT will install warning flashers on southbound Hwy 252 for the signal at 85th Avenue, and add more signal heads on Hwy 252 at Humboldt Avenue/81st Avenue. Improve westbound to southbound turn movement, remove free right turn in the southwest corner of Hwy 252 and 66th Avenue, install “Signal Ahead” pavement markings on northbound Hwy 252 for 66th Avenue Signal. Mr. Tag explained two rounds of public engagement are complete. Pop-up meetings have taken place in coordination with City Staff. There is a collaboration with CAPI to engage diverse populations in Brooklyn Center and targeted outreach to communities of faith in partnership with the Stairstep Foundation. Furthermore, there are Equity and Health Neighborhood Advisors as a piece of targeted outreach. Mr. Tag noted the project has received 1582 comments, and 321 of those comments involved questions needing a response. Comment themes include the project process, freeway conversion, safety, environment, and transit. The community input has informed the project in several ways. Additional project alternatives have been included for consideration, the project team has established an interim safety improvements plan, transit is considered in all alternatives, and MnDOT is utilizing additional tools and techniques to engage the community. Leif Garnass, SRF Engineer, stated they are on the second step of the scoping process which combines project elements to develop a list of project alternatives. From there, they will determine which alternatives should be studied further in the draft EIS, and they will review the draft EIS alternatives and determine if there is a preferred alternative. Mr. Garnass explained step two identifies Hwy 252 and I-94 corridor alternatives for further study in step three. There is a range of alternatives for Hwy 252 considering the overall function and purpose of Hwy 252 in Brooklyn Center, and tradeoffs between Hwy 252 and local roadways are considered in technical evaluation. Evaluation criteria include vehicle safety, vehicle mobility, walkability and bike-ability, environment considerations, and transit considerations. Mr. Garnass stated the first alternative is to convert Hwy 252 to a transit corridor. This would reduce Hwy 252 to one lane in each direction and only allow transit vehicles to travel along Hwy 252. It would not allow general traffic to turn onto or off Hwy 252. Local access across Hwy 252 could be served with intersections or interchanges. Mr. Garness explained they could sever Hwy 252 at Hwy 610 and convert Hwy 252 to a local collector roadway. In that scenario, the connection to Hwy 610 and from Hwy 252 on the north end would be severed, and the connection to I-694 and from Hwy 252 on the south end would be maintained. This alternative would also reduce Hwy 252 to a three-lane roadway and reduce the posted speed limit on Hwy 252 to 35 miles per hour. 4/11/21 -14- DRAFT Mr. Garness added another alternative would be converting Hwy 252 to a four-lane low-speed expressway. This option would provide only two lanes in each direction on Hwy 252 and reduce the speed limit on Hwy 252 to 35 miles per hour. This alternative was revisited based on community feedback. Mr. Garness stated they are considering an E-ZPass as a transit advantage and congestion-free choice. A managed lane provides flexible travel options during busy commuting hours. The goal is to move more people by providing a dedicated lane that transit riders and carpoolers can use for free during high-traffic times. An E-ZPass lane is an example of a managed lane and in Minnesota, solo drivers pay to access the lane if they do not qualify via transit or carpooling options. Mr. Garness explained the price to use the lane varies based on the lane’s location, time of day, and traffic to help keep the lane less congested. Minnesota E-ZPass lanes are open to all motorists during low traffic time, which is nearly 90 percent of the time. The purpose of Minnesota’s E- ZPass managed lane system is to improve the Twin Cities ’highway and transit systems by providing users with more efficient travel options. Mr. Garness showed a slide showing a table with a high-level evaluation summary for step two. The table was broken down into expressway alternatives, freeway alternatives, and Hwy 252 reductions compared to evaluation criteria. Mr. Tag added no corridor alternatives have been eliminated. Mr. Tag stated round three of community engagement will begin at the end of April. They will refine alternatives and recommend those to advance and those not to advance. Round four of community engagement will take place in fall 2022 and the Scoping Decision Document will be finalized in early 2023. He added two engagement opportunities will be coming up. A Brooklyn Center Open House is scheduled for Tuesday, April 26 from 5:30 to 7 p.m. at the Lutheran Church of The Master. Councilmember Ryan noted there are several conflicting interests. He explained he would defer his questions and concerns until a later discussion. Councilmember Lawrence-Anderson thanked the members of MnDOT that have met with her individually in the past. She added it is concerning for the interim safety measures to be so delayed. She stated the option for a light preceding a stoplight to warn of an upcoming red light could be a helpful safety measure that would be much quicker than the current proposed safety measures timeline. Mr. Tag explained MnDOT’s projects depend on when funding is available. Additionally, several design elements must be put together which takes time to complete. The flashing lights require design work as well and would require integration and complicated connections into the signal system. Councilmember Graves asked if there are any additional project alternatives beyond those presented. She added if there were any additional project alternatives beyond those presented, she would like to know why they were not included. She noted her appreciation of consideration of 4/11/21 -15- DRAFT walkability and bike-ability. However, she would like to receive more information about community engagement and feedback received about the projection options. She asked if the reported pros and cons are based on MnDOT’s assumptions or collected community feedback. Mr. Tag stated round three of engagement will include receiving feedback specifically about the proposed alternatives. He stated four alternatives will be presented to the community. The upcoming open house meeting will include a full presentation of the four options along with an analysis of the alternatives. MnDOT looks forward to receiving and implementing feedback from the community. Mayor Pro Tem Butler asked if the Council could have access to all of the community feedback that has been received from the community engagement efforts. She also asked if they could receive future community feedback before any future MnDOT presentations to the Council. Mr. Tag stated the team will put the comments together for the Council to review. Mayor Pro Tem Butler noted she had additional questions, but in the interest of time, she would email the project team. Mayor Elliott moved and Councilmember Ryan seconded to accept the presentation by MnDOT on the current status of Highway 252/I-94 Environmental Impact Statement (EIS). Motion passed unanimously. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 2, SECTION 2.08 OF THE CITY CHARTER OF BROOKLYN CENTER (FIRST READING) Mayor Pro Tem Butler stated Dr. Edwards confirmed the discussion on Council Consideration Item 10a., An Ordinance Amending Chapter 2, Section 2.08 of the City Charter of Brooklyn Center (First Reading), could be moved to the April 25, 2022 meeting as it is not a pressing matter. Hearing no objection, Mayor Pro Tem Butler rescheduled Council Consideration Item 10a. An Ordinance Amending Chapter 2, Section 2.08 of the City Charter of Brooklyn Center (First Reading), to April 25, 2022. 11. COUNCIL REPORT None. 4/11/21 -16- DRAFT 12. ADJOURNMENT Councilmember Graves moved and Mayor Pro Tem Butler seconded the adjournment of the City Council meeting at 9:24 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on April 11, 2022. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its April 25, 2022, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 4/11/22 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION APRIL 11, 2022 VIA ZOOM CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor Pro Tem/President Pro Tem Marquita Butler at 9:47 p.m. ROLL CALL Mayor/President Mike Elliott, Mayor Pro Tem/President Pro Tem Marquita Butler, and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, and City Clerk Barb Suciu. CONCEPT REVIEW FOR 6100 SHINGLE CREEK PARKWAY (FORMER TARGET) Councilmember/Commissioner Ryan stated he would like the item to return to the Council/EDA in a timely fashion. He explained he supports the initiative if the housing is market-rate. The City has only been pushing for affordable housing in recent years, and the project in question would appeal to those looking for market-rate housing. Councilmember/Commissioner Lawrence-Anderson asked when the Planning Commission will review the project and if the Parks and Recreation Commission will be involved in the process. She added she would defer comments to a later date. Councilmember/Commissioner Graves explained she has been trying to advocate for small business support, so the concept is exciting to her. She noted she would like more details down the line and has some concerns about later phases. However, she is on board with the concept overall. Mayor/President Elliott agreed he was excited about the project and pointed out it is the most exciting project in the Twin Cities. He added there will likely be different types of housing options in the project. Mayor Pro Tem/President Pro Tem Marquita Butler stated she would ask more questions later on. The majority consensus of the City Council/EDA was in support of the Concept Review for 6100 Shingle Creek Parkway (Former Target). 4/11/22 -2- DRAFT Mayor Pro Tem/President Pro Tem Marquita Butler added the discussion about liquor stores can be moved to a later meeting. ADJOURNMENT Mayor/President Elliott moved the adjournment of the City Council/Economic Development Authority Work Session at 9:53 p.m. Councilmember/Commissioner Ryan pointed out Mayor/President Elliott moves in and out of the meeting and leaves the leading of the meeting to Mayor Pro Tem/President Pro Tem Butler. The order of conducting the meeting is regular and needs to be addressed. Mayor/President Elliott explained he was at the Daunte Wright memorial gathering during the meeting. Many people at the memorial were aware of the City’s meeting and would have liked more of the Council/EDA to be present at the memorial. He stated he wanted to be part of the healing on the first anniversary. Mayor/President Elliott added Mayor Pro Tem/President Pro Tem Butler has done an excellent job leading the meeting. The purpose of her role is to step up in situations like the current one. Mayor/President Elliott noted Councilmember/Commissioner Ryan may want Mayor/President Elliott to be fully present at the meeting, but he has conducted every meeting since becoming Mayor/President. Therefore, it doesn’t need to become an issue. Mayor Pro Tem/President Pro Tem Butler seconded adjournment of the City Council/Economic Development Authority Work Session at 9:56 p.m. Councilmember/Commissioner Graves asked if the liquor store item would be moved to a later meeting. Mayor Pro Tem/President Pro Tem Butler confirmed Dr. Edwards stated the liquor store item is not pressing and can be moved to a later meeting. Motion passed unanimously. 4/11/22 -3- DRAFT STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Work Session of the City Council of the City of Brooklyn Center held on April 11, 2022. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its April 25, 2022, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor                  !  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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 Lo c a t i o n A d d r e s s D w e l l i n g T y p e R e n e w a l o r I n i t i a l O w n e r Pr o p e r t y C o d e Vi o l a t i o n s L i c e n s e T y p e P o l i c e C F S * Fi n a l L i c e n s e T y p e ** Pr e v i o u s L i c e n s e Ty p e * * * 37 0 1 W o o d b i n e L a S i n g l e I n i t i a l R o s e B l a l o c k 3 T y p e I I N / A T y p e I I 37 1 2 5 3 r d P l N S i n g l e I n i t i a l V O t u n u g a & S O t u n u g a 0 Ty p e I N / A T y p e I I 38 1 2 5 8 t h A v e N S i n g l e I n i t i a l M Y I s s a | F A b d u l l a h i | M I s s a 5 T y p e I I N / A T y p e I I 68 0 0 Q u a i l A v e N S i n g l e I n i t i a l H a s e l i n N i n g L e e 8 Ty p e I I I N / A T y p e I I I 44 0 8 6 9 t h A v e N Mu l t i p l e F a m i l y - 1 Bl d g - 4 u n i t s R e n e w a l D m o w L L C | D i a n e W r i g h t 8 = 2 p e r u n i t T y p e I I I 0 T y p e I I I T y p e I I 61 0 9 B e a r d A v e N Mu l t i p l e F a m i l y - 1 Bl d g - 3 u n i t s R e n e w a l Ja m e s I & B o b b i e S S i m o n s - M e t Re q u i r e m e n t s 2 = 1 . 5 p e r u n i t T y p e I I 0 T y p e I I T y p e I I I 47 0 0 6 8 t h A v e N T w o F a m i l y - 2 u n i t s R e n e w a l C h u f e n g X i o n g 0 Ty p e I 0 T y p e I T y p e I I 53 4 1 P e n n A v e N T w o F a m i l y - 2 u n i t s R e n e w a l L i f e t i m e R e s r c s P r o p M g t L l c 8 = 4 p e r u n i t T y p e I I I 0 T y p e I I I T y p e I 13 0 7 6 5 t h A v e N S i n g l e R e n e w a l N a l e e V a n g 3 T y p e I I 0 T y p e I I T y p e I 20 1 8 5 4 t h A v e N S i n g l e R e n e w a l Gi s e l l e P O o - D i d no t m e e t r e q u i r e m e n t s 6 Ty p e I I I 0 T y p e I V T y p e I V 27 1 8 O h e n r y R d S i n g l e R e n e w a l 51 1 8 6 6 t h A v e N - D i d no t m e e t r e q u i r e m e n t s 4 T y p e I I 0 T y p e I I I T y p e I I I 38 0 0 C o m m o d o r e S i n g l e R e n e w a l Co n n i e G i n d o r f f | T h o m a s J Sw e e t m a n E t A l - D i d no t m e e t r e q u i r e m e n t s 5 T y p e I I 0 T y p e I V T y p e I V 38 0 8 6 1 s t A v e S i n g l e R e n e w a l A d e g b o l a F o l a O g u n d i p e 3 T y p e I I 0 T y p e I I T y p e I I 39 1 2 5 8 t h A v e N S i n g l e R e n e w a l P r o s p e r o u s P r o p e r t y L l c 0 Ty p e I 0 T y p e I T y p e I 42 0 0 W i n c h e s t e r L a S i n g l e R e n e w a l Ob a f e m i O l a d e j i - D i d no t m e e t r e q u i r e m e n t s 10 Ty p e I V 0 T y p e I V T y p e I I I 49 1 3 W i n c h e s t e r L a S i n g l e R e n e w a l Hu d a H a s s e n - D i d no t m e e t r e q u i r e m e n t s 10 T y p e I V 0 T y p e I V T y p e I I 51 1 2 7 0 t h A v e N S i n g l e R e n e w a l Ih 3 P r o p e r t y M i n n e s o t a L p - Di d n o t m e e t r e q u i r e m e n t s 10 Ty p e I V 0 T y p e I V T y p e I I I 53 0 0 F r a n c e A v e N S i n g l e R e n e w a l Ih 3 P r o p e r t y M i n n e s o t a L p - D i d no t m e e t r e q u i r e m e n t s 2 T y p e I 0 T y p e I V T y p e I V 53 2 5 K n o x A v e N S i n g l e R e n e w a l Ma r i a C o l l a g u a z o - D i d no t m e e t r e q u i r e m e n t s 3 Ty p e I I 0 T y p e I I I T y p e I I I 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 o n A p r i l 2 5 , 2 0 2 2 53 5 1 4 t h S t 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 Ty p e I 0 T y p e I T y p e I I 54 0 1 7 0 t h C i r S i n g l e R e n e w a l K r i s K i e n z l e / b e c k y A K i e n z l e 2 Ty p e I 0 t y p e I T y p e I 54 2 5 7 0 t h C i r S i n g l e R e n e w a l 7 8 6 H o m e s - m 2 5 L l c 2 Ty p e I 0 T y p e I T y p e I 56 0 0 J u d y L a S i n g l e R e n e w a l B D M o r l o c k & N D M o r l o c k 10 Ty p e I V 0 T y p e I V T y p e I I 56 0 1 C a m d e n A v e N S i n g l e R e n e w a l W e s t e r n S k y P r o p e r t i e s 5 T y p e I I 0 T y p e I I T y p e I 57 2 4 L o g a n A v e N S i n g l e R e n e w a l K o n s t a n t i n G i n z b u r g 11 T y p e I V 0 T y p e I V T y p e I I 57 3 7 E m e r s o n A v e N S i n g l e R e n e w a l Nu t i d a W o n g - D i d n o t m e e t re q u i r e m e n t s 11 Ty p e I V 0 T y p e I V T y p e I I I 57 4 0 I r v i n g A v e N S i n g l e R e n e w a l S e a n A R a h n 1 Ty p e I 0 T y p e I T y p e I I 58 0 7 D u p o n t A v e N S i n g l e R e n e w a l D & T P r o p e r t i e s L l c 4 Ty p e I I 0 T y p e I T y p e I 58 1 9 K n o x A v e N S i n g l e R e n e w a l Cr y s t a l B r u m m e r | B r u m m e r Re a l t y , L L C - M e t R e q u i r e m e n t s 8 T y p e I V 0 T y p e I I I T y p e I V 63 1 9 S c o t t A v e N S i n g l e R e n e w a l A d e g b o l a F o l a O g u n d i p e 1 T y p e I 0 T y p e I T y p e I I 63 4 2 J u n e A v e N S i n g l e R e n e w a l D A S w a r t o u t J r / t L S w a r t o u t 10 Ty p e I V 0 T y p e I V T y p e I I 66 1 5 C a m d e n D r S i n g l e R e n e w a l J o h n s o n O r g a n i z a t i o n I n c 1 Ty p e I 0 T y p e I T y p e I 69 2 6 W e s t R i v e r R d S i n g l e R e n e w a l M a r k P i v e c 20 T y p e I V 0 T y p e I V T y p e I I 70 0 1 E m e r s o n A v e N S i n g l e R e n e w a l Mo s e s G i b s o n & M a r a K J e n s o n - Di d n o t m e e t r e q u i r e m e n t s 9 Ty p e I I I 0 T y p e I V T y p e I V 70 1 2 U n i t y A v e N S i n g l e R e n e w a l S h u x i n g S u n - M e t R e q u i r e m e n t s 5 T y p e I I I 0 T y p e I I I T y p e I I I 70 1 8 F r a n c e A v e N S i n g l e R e n e w a l Cr y s t a l C l e a r I n v e s t m e n t L l c - Di d n o t m e e t R e q u i r e m e n t s 3 T y p e I I 0 T y p e I I I T y p e I I I 70 2 1 U n i t y A v e N S i n g l e R e n e w a l Ge r i L W i l l i a m s - D i d n o t m e e t re q u i r e m e n t s 5 Ty p e I I 0 T y p e I V T y p e I V 70 3 7 F r e m o n t A v e N S i n g l e R e n e w a l Ed w i n a P a m e l a M c G i l l - M e t re q u i r e m e n t s 7 T y p e I I I 0 T y p e I I I T y p e I I I 70 3 7 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 G a o Q i a n g L i u 3 Ty p e I I 0 T y p e I I T y p e I 70 3 7 P e r r y A v e N S i n g l e R e n e w a l V e r a D i x o n & M o l i z a R D e n n i s 10 T y p e I V 0 T y p e I V 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 8 Ty p e I I I 0 T y p e I I I T y p e I 72 1 8 K y l e A v e N S i n g l e R e n e w a l P r o s p e r o u s P r o p e r t y L l c 0 Ty p e I 0 T y p e I T y p e I 72 0 7 W i l l o w L a N S i n g l e R e n e w a l A r i R W o o d s 0 Ty p e I 0 T y p e I T y p e I * 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 a l l s f o r s e r v i c e a n d w i l l b e l i s t e d 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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ember introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION DECLARING MAY 15-21, 2022 NATIONAL PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER WHEREAS, Public Works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as engineering, water, wastewater, storm drainage, streets and highways, parks and central vehicle fleet maintenance; and WHEREAS, the health, safety and comfort of this community greatly depend on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities including their planning, design, construction, operation and maintenance are vitally dependent upon the efforts and skill of Public Works personnel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that May 15-21, 2022, as “National Public Works Week” in the City of Brooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which Public Works personnel make every day to our health, safety, comfort and quality of life. April 25, 2022 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.                  !  " #$"  %&'"(! )*& +, -.  ' '!/ )*& +, 0#-1   2 / 3! !&& &&'  -,                       &    456  (  2'   ' '  7    /   /) '!-, / & 82& &'&' 2727  '  )(( ' '/  ' ' 9 43'7 ((& )' )(8   ((/2:7  "//"*,9   4!'7  '/(  ! ;' /7'  '' :<' )( 7*,+   (( 0'/2  7*,  '  7   2 // ' =    *( ' '     -,   7   ' 2' 272 #0&'82&2     )'7 //   >/& '?4!    '   &     8    8       !   ' (( 9( ""#$"    /2 #/ /  2 43  7( Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION DECLARING APRIL 29, 2022, TO BE ARBOR DAY AND MAY 2022 TO BE ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds and making our cities more livable; and WHEREAS, Trees in our City increase property values, enhance the economic vitality of business areas and beautify our community; and WHEREAS, Human activities such as pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country and world; and WHEREAS, People can contribute to the environmental stewardship of our community by locally planting trees and ensuring that these trees are nurtured, protected and wisely used in the years ahead; and WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. April 29, 2022, to be Arbor Day in the City of Brooklyn Center. 2. May 2022 to be Arbor Month in the City of Brooklyn Center. 3. I urge all citizens to support efforts to care for our trees and woodlands and to support our City's Community Forestry Program. April 25, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member RESOLUTION NO. _______________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.                  !  " #$"  %&'"(! )*& +, -.  ' '!/ )*& +, 0#-1   2 % -,   #0 )'' 2'  23 .                 ')'/ '  !-, '   3)' 3 2   #0&'42&0 ' '  &25'-, '  3 '  2)   67 ' 2 % (( 2  '723((  ) /( ' 8  *(  ')   )/2)/,&3    (3/(  2 9   (  (( ) &     -3/2/(  9  ///() 2) /    / ) //  )) &'*('  223 2 3/(' /2)      //( )' /(     '   /2&     4    4       !   ' (( :( ""#$"    /2 #/ /  2 6;  3( Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION RECOGNIZING DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE THIRTIETH CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Society has designated the City of Brooklyn Center as a Tree City USA in recognition of 2021 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby recognizes and accepts the designation of Tree City USA for the thirtieth consecutive year. 2. The City Council reaffirms its commitment to urban forestry and directs staff to continue its reforestation efforts as planned and budgeted in 2022. 3. The City Council commends Brooklyn Center residents and staff for their work in maintaining and enhancing Brooklyn Center’s urban forest. April 25, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.                  !  " #$"  %&'"(! )*& +, -.  ' '!/ )*& +, 0#-1   2 2 *23 )&-40/                      5677 !     (& 8/   //) (/4   *(09  4/ ((  +,*/    /&  5&677! '/ )' )      /&'     02 : )'   ''    '/ 2 2 &&4 /  '  2   ' (/' %' (/) (   4 ) /  (  ( %' (/))    ;'  2 2' /2 )&&4 /   ' /)'&4/( '  < (/ &( &)'/2) &4 ' 2   2 /  )&4   4 )' &) /= /! ,!$ ,!"'!" ,!"/'&(!"&(!* *>    092()  /2    ' &''&       ?    ?       !   ' (( 5( ""#$"    /2 #/ /  2 67  4(  -4*(  67  4( Member introduced the following resolution and moved its adoption: RESOLUTION NO.______________ RESOLUTION DESIGNATING 2022 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, Section 20-402 of the ordinance provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following trees are hereby designated as allowable boulevard tree species for 2022: Apple (Crabapple) Birch (River, Paper) Catalpa (Chinese, Northern) Coffeetree (Kentucky) Corktree (Amur) Elm (American, Hybrid) Ginko (Seedless) Hackberry (Common) Hawthorn (Hawthorn) Hickory (Bitternut) Honeylocust (Thorny) Hophornbeam (Eastern) Hornbeam (American) Linden (American, Hybrid) Maple (Freeman, Red, Sugar, Tatarian) Oak (Bicolor, Bur, Hybrid, Northern Red, Northern Pin, White) Pear (Ussurian) Planetree (London) Serviceberry (Allegheny) April 25, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member RESOLUTION NO. _______________ 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. PROPERTY ADDRESS:__________________________________________________ OWNER NAME: __________________________________________________ ADDRESS:__________________________________________________ CITY, STATE, ZIP: __________________________________________________ PHONE: DAY_______________ OTHER_______________ VARIETY OF TREE: __________________________________________________ TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: ________________________________ Please stake or otherwise indicate your preferred tree location as soon as possible. I have called or will call Gopher State One Call at 651-454-0002 to obtain underground utility locations. ________________________________________________________________________ Owner Signature Date * * * ALLOW 48 HOURS FOR PROCESSING * * * City use only: Initial and date each item checked Variety______________ At least 5' from underground utilities Sight Distance_______________ At least 10' from overhead utilities Approximate Width of Blvd._______________ Proposed distance from edge of street Sidewalk_______________ Proposed distance from edge of sidewalk ALL REQUIREMENTS MET:__________________________________________________ Signature Title Date BOULEVARD TREE PLANTING PERMIT _______________________________________________________ 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 763-569-3340 763-569-3440 (Fax) BEFORE YOU PLANT . . . The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees may be planted. Please read the following information before you plant a boulevard tree.A copy of the complete ordinance is available at City Hall. Section 20-200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the Director of Public Works or designee. The City may move, remove or trim or cause or order to be moved, removed or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all requirements are met,especiallythose relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc.                  !  " #$" % &'   !  (#&)    *  +,!(- ./+  +/+ / &0 1   2                       !  !!  "#!   $"!                !" #   ,- #, , + ** 3   &0,        BROOKLYN CENTER HOME RULE CHARTER COMMISSION April 3rd, 2022 Dr. Reggie Edwards City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Transmittal of Recommended Amendment to the City Charter Dear Dr. Edwards: The purpose of this letter is to transmit to the Brooklyn Center City Council a proposed amendment to the Brooklyn Center City Charter. The enclosed recommended amendment is being forwarded for consideration for adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7 and Section VIII(B)(3)(a) of the Charter Commission’s Rules of Procedures (“Rules”). The recommended amendment was accepted by a 2/3 affirmative vote of the actual membership (with never less than eight affirmative votes) of the Charter Commission as required by Section VIII(B)(1) of the Rules and are being transmitted as separate recommendations the City Council may act on individually or jointly. The Charter Commission understands the City will draft one or more ordinances as needed to address the recommended amendment and will act on them within the timelines established in Minnesota Statutes, section 410.12, subdivision 7. Please feel free to contact me if there are any questions or if you would like me to provide additional information regarding the Charter Commission’s reasons behind the recommended amendment. Sincerely, Mark Goodell Chairperson Enclosure – Recommended Amendment #1 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RECOMMENDED CHARTER AMENDMENT The Brooklyn Center Home Rule Charter Commission hereby transmits the following recommended amendment to the City Charter for consideration and action by the City Council by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. Recommended Amendment #1 Chapter 2, Section 2.06, of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. In time of public danger or emergency the Mayor may coordinate with the City Manager, Police Chief, Fire Chief, and other municipal resources as part of the emergency response system to communicate with the public and to aid in identifying resources to assist the response effort, to maintain public safety and to respond to the emergency including, but not limited to, requesting assistance from local, state, and federal agencies as may be needed. Submitted to the City this 3rd day of April 2022. BY THE CHARTER COMMISSION __________________________________ Mark Goodell, Chairperson ______________________________ Kathryn Ellgren, Secretary CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the _____ day of ______ at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 2 of the Brooklyn Center City Charter; Section 2.06. 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. ORDINANCE NO. _______________ AN ORDINANCE AMENDING CHAPTER 2 SECTION 2.06 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2, Section 2.06 of the City Charter of the City of Brooklyn Center is hereby amended by deleting the stricken material and adding the double underlined material as follows: Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. In time of public danger or emergency the Mayor may coordinate with the City Manager, Police Chief, Fire Chief, and other municipal resources as part of the emergency response system to communicate with the public and to aid in identifying resources to assist the response effort, to maintain public safety and to respond to the emergency including, but not limited to, requesting assistance from local, state, and federal agencies as may be needed. Section 2. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this________ day of ______________, 2022. Mayor ATTEST: City Clerk ORDINANCE NO. _______________ Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) PProclamation DECLARING MAY 6, 2022, AS PROVIDER APPRECIATION DAY WHEREAS, Child Care Aware® of America and other organizations nationwide are recognizing Child Care Providers on this day; and WHEREAS, over half the children under the age of six nationwide are estimated to spend some time in a nonparental care arrangement on a weekly basis, which provides critical enrichment opportunities and nurtures development for children of all backgrounds and is a vital building block of our state economy; and WHEREAS, the COVID-19 pandemic has created tremendous hardship for child care providers and the families of the City of Brooklyn Center who depend on them, who have continued to meet the needs of families while risking their health and financial stability to remain open; and WHEREAS, the City of Brooklyn Center recognizes these hardships and has provided much-needed relief to providers to help sustain the viability of child care; and WHEREAS, our future depends on the quality of the early childhood experiences provided to young children today; support for high-quality child care represents a worthy commitment to our children's future. NOW, THEREFORE I, MIKE ELLIOT, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with consent and support of the Brooklyn Center City Council, do hereby proclaim May 6, 2022, as Provider Appreciation Day in Brooklyn Center, MN and urge all citizens to recognize Child Care Providers for their important work. April 25, 2022 Date Mayor Council Members ATTEST: City Clerk 1 Kennedy Jason M. Hill 150 South Fifth Street Suite 700 Minneapolis MN 55402 (612) 337-9207 telephone (612) 337-9310 fax jhill@kennedy-graven.com http://www.kennedy-graven.com & Graven C H A R T E R E D Also: St. Cloud Office 501 W. Germain Street, Suite 304 St. Cloud, MN 56301 (320) 240-8200 telephone MEMORANDUM To: Brooklyn Center City Council Dr. Reggie Edwards, City Manager Barbara Suciu, City Clerk From: Jason M. Hill, City Attorney Date: April 20, 2022 Re: Return to In-Person Meetings Under the Open Meeting Law --------------------------------------------------------------------------------------------------------------------- In follow-up to a request from the City Council at its meeting of April 11, 2022, please find attached to this memorandum the following: 1. A Resolution Directing the City Manager to Direct the Return to In-Person Meetings; and 2. Chief Administrative Officer Statement Directing the Return to In-Person Meetings. As is referenced in the resolution, Minnesota Statutes, section 13D.021, subd. 1(1) also gives the chief administrative officer of a governing body, in this instance City Manager Dr. Reggie Edwards, the authority to determine whether it is practical or prudent to conduct meetings in- person due to a health pandemic. As was indicated previously in the context of the repeal of the face covering ordinance, the attached resolution and statement reference the changes in the CDC guidance and recommendations, and most significantly, they cite the change to Hennepin County’s classification from a high transmission to a low transmission area for COVID-19. It must be remembered that operating remotely is an exception to the standard rules and requirements of the Open Meeting Law (“OML”), and once the justification for conducting meetings remotely no longer exists, communities must return to operations that existed prior to March 2020. The attached resolution directs City Manager Edwards to direct the return to in- person meetings, which is accomplished by City Manager Edwards executing the attached statement. 2 As you will note, I included determination that the return to in-person meetings at 11:59 p.m. on April 25th – effectively after the April 25th City Council meeting and starting with any meeting (including the EDA, boards, commissions and committees) on April 26th. If there is reason to change that date, that would be okay, so long as it isn’t too far out. There is no specific deadline or date that must be met. Remote Participation At the April 11th meeting, Mayor Elliott also requested information with regard to options for City Council members to participate remotely after the return to in-person meetings. As was indicated in previous memoranda with regard to these issues, one of the types of electronic meetings allowed under the OML is what we have referred to as occasional/hybrid electronic meetings, which is authorized by Minnesota Statutes, section 13D.02. This option is also specifically referenced in the attached resolution. This option allows some members to participate electronically if certain conditions are met. The authority under Minnesota Statutes, section 13D.02 has been “on the books” for some time, but has not been used all that often because most communities did not have the technology in place to allow someone to participate remotely and the inconvenience of the additional requirements associated with using this exception. A. Qualifying Criteria Occasional/hybrid electronic meetings can only be held if all of the following are met: (1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present; (2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; (3) at least one member of the body is physically present at the regular meeting location; (4) all votes are conducted by roll call so each member’s vote on each issue can be identified and recorded; and (5) each location at which a member of the body is present is open and accessible to the public. Minn. Stat. § 13D.02, subd. 1(a). There is also an additional notice requirement that applies: Subd. 4. Notice of regular and all member locations. 3 If interactive technology is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location and notice of any location where a member of the public body will be participating in the meeting by interactive technology, except for the locations of members participating pursuant to subdivision 1, paragraph (b). The timing and method of providing notice must be as described in section 13D.04. The notice must include the location of each member that will be participating electronically. Minnesota Statutes, section 13D.02, subd. 4. Presumably the location information must be specific enough to allow a member of the public to go to the remote site to participate in the meeting (i.e., specific address, not just a reference to a city). B. Challenges and Considerations While local governments are in a far better position to comply with these requirements now that they have worked through the bugs of conducting electronic meetings, setting up the room so everyone can see and hear everyone may still be a challenge. While the Council Chambers is set up to video the meeting, there would be the additional challenging of being able to display the image and sound from each member participating electronically. Someone sitting in the back of the room needs to be able to see and hear each of the remote members, and the remote members need to be able to see and hear those speaking in the room. Those issues become even more of a challenge for meetings of larger bodies and those occurring in meetings rooms not wired for video and sound. Another issue is how to satisfy the requirement that the location of all members “is open and accessible to the public.” Neither the courts nor the Data Practices Office has issued an opinion that describes the conditions that must be satisfied for a location to be considered open and accessible to the public. The reality is that it never really becomes an issue because a member traveling for work in Texas will not have a Texan who cares to watch a Minnesota meeting over the member’s shoulder. I suspect at some point someone will request an opinion on this issue, but until then the remote location must be reasonably open to the public. For example, a hotel room on a floor that cannot be accessed except by a key card probably does not qualify as open and accessible. It is not clear whether a private home would be considered open and accessible under the statute. I have been involved in a community allowing a member to remote into a meeting under this statute. It certainly can work, but the technology needs to be in place to satisfy the conditions. My concern is that attempting to run meetings with a substantial number of members in remote locations is likely to be the kind of situation that will eventually result in someone asking if each of those remote locations are truly open to the public. C. Electronic Public Participation The criteria associated with occasional/hybrid electronic meetings only needs to be satisfied with respect to members participating remotely. They do not apply to the public who participate electronically. The City is not required to allow the public to participate in their in-person 4 meetings electronically. However, if remote public participation is allowed, then the room needs to be set up so everyone can see and hear everyone else. It is also possible to offer remote participate by the public for only certain meetings. There may be a public hearing or input session for which the Council is interested in as much public input as possible. I suspect the Council Chamber is, or can be set up, to accommodate at least some members remoting in, but I would guess that is not the case for the City’s other meeting locations. Until and unless such technology is set up in a meeting room, it is unlikely members of boards, commissions, committees, etc. will be able to satisfy the criteria to remote into a meeting. Additionally, anytime a member does intend to remote in, that needs to be communicated to staff with sufficient advance notice to allow staff to provide the additional notice and specific location information for each member that will be participating remotely. As mentioned above, the remote location must also be open and accessible to the public. Realistically, the ability for a member to remote into a meeting will likely be limited to Councilmembers and maybe to any other body that meets in the Council Chambers. That is likely also the case with respect to allowing the public to participate remotely. Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2022-____ CITY OF BROOKLYN CENTER, MINNESOTA A RESOLUTION DIRECTING THE CITY MANAGER TO DIRECT THE RETURN TO IN-PERSON MEETINGS WHEREAS, on August 9, 2021, the Mayor, as the presiding officer of the City of Brooklyn Center, Minnesota (“City”), issued his Presiding Officer Statement Directing Meetings to be Conducted by Telephone or other Electronic Means (“Presiding Officer Statement”), in accordance with Minnesota Statutes, section 13D.021, requiring meetings of the City Council, Economic Development Authority, City boards, committees, and commissions to be conducted by telephone or other electronic means due to the COVID-19 health pandemic; and WHEREAS, in support of the Presiding Officer Statement, the Mayor cited (1) the dramatic increase in the number of COVID-19 infections from the Delta Variant of the virus, (2) CDC and Minnesota Department of Health recommendation for those in areas with substantial or high transmission rates, (3) the identification of Hennepin County as a high transmission rate area, (4) and the rapid spread of the Delta Variant and its ability to infect those who have been vaccinated, and in accordance with cited findings, the Mayor found that it was not practical or prudent to conduct in-person meetings; and WHEREAS, the Presiding Officer Statement provides that meetings were to continue to be conducted electronically until repealed by the Mayor; and WHEREAS, Minnesota Statutes, section 13D.021, subd. 1(1) provides that the “chief administrative officer for the affected governing body” also has the authority to determine whether it is practical or prudent to conduct in-person meetings; and WHEREAS, although Hennepin County experienced a surge in COVID-19 cases and hospitalizations due to the Omicron Variant, cases and hospitalizations have decreased significantly, and in response to the downward trend in cases and hospitalizations and high vaccination rates, the CDC no longer finds Hennepin County to be an area of high transmission, and it currently defines Hennepin County as a low transmission area; and WHEREAS, as a low transmission area, the CDC provides that wearing a mask is a personal preference based on an individual’s personal level of risk, and it provides that individuals stay up to date with COVID-19 vaccinations and that they get tested if they have symptoms; and WHEREAS, the CDC has also relaxed or removed its masking, social distancing, and other related protective COVID-19 recommendations; and WHEREAS, the City’s buildings are open to the public, and due to the CDC’s identification of Hennepin County as a low COVID-19 transmission area and the diminished public health risk, the City Council finds that it is once again practical and prudent to allow members and staff to return to in-person meetings and in the best interests of the City and its residents to return to in-person meetings effective as of 11:59 p.m. on April 25, 2022; and WHEREAS, the City Council notes that after returning to in-person meetings, the Minnesota Open Meeting Law allows members to participate in meetings remotely if the requirements of Minnesota Statutes, section 13D.02 are satisfied; and WHEREAS, the City has also experienced the benefits of allowing the public to participate in City Council meetings electronically and the City will continue to explore options to continue electronic participation once the City Council returns to in-person meetings. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center as follows: 1. The City Manager, as chief administrative officer of the City, is hereby directed to issue a statement directing the return to in-person meetings, conducted in accordance with the Minnesota Open Meeting Law, of the City Council, Economic Development Authority and of all other City boards, committees, and commissions effective as of 11:59 p.m. on April 25, 2022. 2. The Mayor, City Manager, City staff, and City attorney are authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. April 25, 2022 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. Chief Administrative Officer Statement Directing the Return to In-Person Meetings As City Manager and the chief administrative officer in the City of Brooklyn Center, I find as follows: a. The City, including the City Council, Economic Development Authority, and all other City boards, committees, and commissions, has been conducting its meetings electronically due to the health pandemic caused by COVID-19 in accordance with Minnesota Statutes, section 13D.021. b. Although Hennepin County experienced a surge in COVID-19 cases and hospitalizations due to the Omicron Variant, cases and hospitalizations have decreased significantly, and in response to the downward trend in cases and hospitalizations and high vaccination rates, the CDC no longer finds Hennepin County to be an area of high transmission, and it currently defines Hennepin County as a low transmission area. c. As a low transmission area, the CDC provides that wearing a mask is a personal preference based on an individual’s personal level of risk, and it provides that individuals stay up to date with COVID-19 vaccinations and that they get tested if they have symptoms. d. The CDC has also relaxed or removed its masking, social distancing, and other related protective COVID-19 recommendations. e. The City’s buildings are open to the public, and due to the CDC’s identification of Hennepin County as a low COVID-19 transmission area and the diminished public health risk, it is once again practical and prudent to allow members and staff to return to in-person meetings. f. I will continue to monitor the health pandemic and will issue a statement to return to electronic meetings if that becomes necessary. Based on the above findings, I hereby determine and state as follows: 1. Effective as of 11:59 p.m. on April 25, 2022, meetings of the City Council, Economic Development Authority and of all other City boards, committees and commissions shall return to in-person meetings conducted in accordance with the Minnesota Open Meeting Law. 2. The previous statement directing meetings to be conducted by electronic means is rescinded effect as of 11:59 p.m. on April 25, 2022. Dated this 25th day of April 2022. __________________________________ Dr. Reginald Edwards , City Manager                             !"#$ %  &  '   &   %  ()#)*#*) *+,,  ( -,-*,,*"".$ ( ++-/. % #0#"##        ! 1  2  .#$3  %                                          !" # #! 4 5 6   7 8     $     %  # !   $   '' 9  '  7         '    %  %%   !          ! %                   !  " #$" % &' () !   (#&*  %+ ,(-./#)                                 !       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" #$" % &! '()& *+  $,!-&.)/  .#*0  *"  1.&               2 '&   3)4&)( '4*"  4  ))( 444&5( 4  4& ) ,  ( 44  )/   && & 4',54& ,4',5(   4) ,&    *"      !67!  (& '&4! 678 !9  ..   (& !67!7      :) / &(445() 4 ) ;    /4&& ))  /4 ',5  / / ,4  4&54&()/ & ',54  '4,  ,4&)   )  4  44  <!7= )))( ) 4&(  /    !    " 4 && <& ## $% &#   )( #) ) *"  (&* 7>  *5)  3) '&  7  *5)  & - ( 7  - ( Item Cost Name Search/Internet/Social Media/Ads 25,000.00$ Letterhead/Business Cards/Stationery 9,500.00$ Meeting Packets 11,000.00$ Wedding Packets 14,000.00$ Meeting Menu 10,000.00$ Wedding Menu 12,000.00$ Tradeshow Booth/Signage 7,800.00$ Building Items: Large Marquee/4 Small Marquee's 9,000.00$ Water Tower 45,000.00$ Entrance Floor Medallion 7,500.00$ Art Work/Pictures 15,000.00$ Total 165,800.00$ Name Change from Earle Brown EXCERPT FROM JULY 13, 2020, WORK SESSION CHANGE THE NAME OF EARLE BROWN HERITAGE CENTER, EARLE BROWN DRIVE AND EARLE BROWN DAYS Mayor/President Elliott stated there is recognition unfolding across the country about America’s past, which manifests people who represented racist ideas. He added there has been much discussion about this in the community, as statutes and monuments are being removed and places re-named. He noted there have been many examples of this, including the re-naming of Lake Calhoun to Lake Bde Mka Ska. Mayor/President Elliott stated the School District recently voted to re-name Earle Brown Elementary School to Brooklyn Center Elementary School. He added this is based on research by the author Elizabeth Dorsey Hadler, who concluded that Earle Brown, a Hennepin County Sheriff and candidate for Minnesota Governor, and who held many other prominent posts, had connections to the Ku Klux Klan in Minnesota. He noted the author has reached out to him directly to discuss this issue. Mayor/President Elliott stated Earle Brown Heritage Center, an enterprise business entity, is named after Earle Brown, as well as Earle Brown Drive and Earle Brown Days. He added decisions to remove Earle Brown’s name from these entities will have an impact, but any questions about Earle Brown’s involvement with the Ku Klux Klan could impact businesses that the City owns. Mayor/President Elliott stated the City Council should consider making a request to the University of Minnesota for information and data regarding Earle Brown in Minnesota. He added Earle Brown Farm was originally given to the University of Minnesota, and then transferred to the City of Brooklyn Center. He noted he would like to give the author the opportunity to come before the City Council and shed some light on her research. Councilmember/Commissioner Ryan stated he appreciates this discussion. He added he also appreciates that Mayor/President Elliott brought up the re-naming of Lake Calhoun, as there is no issue about who John Calhoun was or what he represented, as he was a U.S. Vice President and also a Senator with very strong ties to a powerful block of southern states that justified slavery and worked effectively to expand slavery. He noted it was entirely appropriate to have his name removed from Bde Mka Ska in Minneapolis. Councilmember/Commissioner Ryan stated the question is, who was Earle Brown. He added if the public believes that Earle Brown was involved with the Ku Klux Klan, then the City Council should act on this rather than acting against public opinion. He added he hopes there will be more information and evidence to deal with this issue. He noted he would not be opposed to changing the name if Earle Brown was that kind of a person. Councilmember/Commissioner Graves stated she forwarded an article a few weeks back about the School Board’s decision to change the name of the school. She added she is happy to see this on the Agenda. She noted she does not know all of the historical background of Earle Brown but felt somewhat skeptical about his character based on the history that she is aware of. Councilmember/Commissioner Graves stated there is a long history of connections to the Earle Brown name in Brooklyn Center, including farm emblems on street signs. She added it is prudent to discuss this issue and she would be interested in replacing the name. She noted there was discussion a few years ago about changing the name of Earle Brown Days, because the community has changed since that event started. Councilmember/Commissioner Graves stated she is not opposed to getting a report from the author although she does not need more convincing. She added, without any additional information, she has felt intuitively uncomfortable about the symbolism of Earle Brown around the City. She noted the community is speaking up about it now, and she is interested in making these changes, with the assurance that the community is part of the discussion and process. Councilmember/Commissioner Lawrence-Anderson stated she was not fully aware of all of Earle Brown’s activities. She added there were positive things that he did throughout the course of his life. She noted if there is enough disparaging information, whether or not he was an active member of the Ku Klux Klan, it is a moot point and warrants a name change. She added she is supportive of whatever the City Council wants to do. Councilmember/Commissioner Lawrence-Anderson stated Councilmember/Commissioner Graves mentioned community engagement around the topic of changing the names. She asked whether the City Council would make the decision, or seek community input. She added, if the name is changed, it would be a good idea to include “formerly known as” to link the enterprise business to its former name, so people can still find it online. She noted she is amiable to changing the name if that is the consensus of the City Council, but she would also like to get community feedback, and if there are any ideas about what the new name should be. Councilmember/Commissioner Butler stated she appreciates the fact that the School Board made the name change for the school. She added having the research presented to the City Council would be helpful, and she would appreciate that approach. Mayor/President Elliott agreed to reach out to the author to try to schedule a meeting with her. Councilmember/Commissioner Ryan stated the staff report included a link for a website that referred to historians who criticized this research. He added it was not a secure website, so he did not access the link. He noted he intends to go to the library to do some further research. Councilmember/Commissioner Ryan stated if there is a strong link between Earle Brown and the Ku Klux Klan, obviously the City should make the change. EXCERPT FROM OCTOBER 26, 2020, STUDY SESSION EARLE BROWN NAME CHANGE Mr. Boganey stated this issue was discussed by the City Council in July 2020, at which time there was a level of interest from the City Council in getting a greater degree of factual certainty around assertions and allegations regarding Earle Brown. He added a local author reached out to the Mayor, and there was an expectation that the author would be invited to a future City Council meeting to review research that went into the book. He noted he received a voicemail from another individual who indicated he has additional information about the history of Earle Brown and would like to be present at a City Council meeting at which this issue is discussed. Mr. Boganey stated he also received an email from a resident, Arvid Sorensen, expressing concern about changing the name given the factual disputes. Mr. Boganey requested City Council feedback and comment regarding potential additional research, including reaching out to the University of Minnesota, as indicated in the July meeting minutes. He asked whether the City Council would wish to pursue additional information, and what organizations should be contacted so City Staff can pursue this issue. Mr. Boganey stated, if the City Council believes there is sufficient information, given the fact that there is disputed information about Earle Brown, there are a variety of options open to the City Council in terms of changing the names of the City’s amenities. He added City Staff can provide some options for City Council consideration. Councilmember Ryan stated he would like more information and additional research from local historians, as the question that was raised was that Earle Brown testified before a Grand Jury regarding his membership in the KKK. He stressed the importance of finding out more about his motives. He noted it is also in the City’s best interests to explore its options in changing street and place names. Councilmember Lawrence-Anderson stated any changes like this should go to the people in the form of a referendum. She added community engagement is important to the City Council, and this is a crucial issue on which the elected Councilmembers should not decide. She reiterated her belief that the people of Brooklyn Center need to decide. Mayor Elliott stated it is important for citizens to weigh in whenever possible. He added the decision to name streets and amenities after Earle Brown was a decision of the City Council, and Mr. Brown nor his progeny were involved in these decisions. He noted, ultimately, the City Council is responsible for addressing this issue. City Attorney Troy Gilchrist stated the election process cannot be used for an advisory question from citizenry. He added residents do not have the authority to make this type of decision under the law. He noted the City could collect public opinion but a decision on this matter would be down to the City Council. Councilmember Ryan stated he is in favor of citizen engagement on all civic issues. He added the City Council should be consistent in its standards for community engagement in all matters, although it is ultimately a City Council decision, and should be reviewed further. He noted there is an open question about who Earle Brown was, in terms of his nefarious affiliation, and more information and potential community engagement is required to resolve this issue. He noted a potential decision will be made less controversial by community engagement. Mayor Elliott stated two City Councilmembers have requested additional information before moving forward with this issue. Mayor Elliott stated it is time to move to the Open Forum. Mr. Boganey requested additional information from the City Council on this issue after the Regular Session. Mayor Elliott asked the City Council whether they feel that this discussion has reached its conclusion. Mr. Boganey stated the issue must be discussed again so City Staff can find out what kind of information to look for and what sources to search. Discussion of this item continued at the October 26, 2020, Work Session. EXCERPT FROM OCTOBER 26, 2020, WORK SESSION EARLE BROWN NAME CHANGE – CONT’D Mayor/President Elliott requested additional feedback and comment on this issue from the City Council. Councilmember/Commissioner Ryan stated, as he stated earlier, he would like additional historical analysis. He added the book that was distributed to the City Council indicated that Earle Brown apparently joined the Ku Klux Klan in the interests of observation. He noted perspective was what he took away from the book’s limited historical perspective. He reiterated his wish to review additional historical analysis. EXCERPT FROM JANUARY 25, 2021, STUDY SESSION COMMUNITY CELEBRATION NAME Mr. Boganey stated the City’s community celebration has been called Earle Brown Days for several decades, and was initially planned and managed by volunteers, with limited staff support. He added City Staff involvement and City funding have increased over the years, as volunteers and funding have decreased. He noted City Staff have attempted to increase community involvement and satisfaction, increase cultural relevance, and diversify participation and planning of the celebration. Mr. Boganey stated City Staff have discussed ways to increase participation over the years, and considered a name change for the celebration. He added, a few years ago, it became known that there is some controversy regarding Earle Brown’s connection with the Ku Klux Klan in Minnesota. He noted a change in the name might be imperative now, as there is no historical connection between the community celebration and Earle Brown, and community celebrations are generally named for unique aspects of the community itself rather than an individual. Mr. Boganey stated City Staff is seeking City Council direction regarding a change in the name of the celebration. He asked whether the City Council has sufficient information to provide direction; whether they believe a name change serves the interests of Brooklyn Center residents and stakeholders; and whether the City Council how the City Council would like to proceed with establishing a new name, if it is determined that a name change is warranted. He noted the City Council can ultimately decide what is best for the community. Mayor Elliott stated he believes a new name is necessary, for the reasons stated. He added a new name should be chosen for the community celebration that is reflective of the community and all its members. Councilmember Graves stated she is on board. She added she has lived in Brooklyn Center about 9 years and did not learn about Earle Brown Days until she joined the City Council. She added she was unsure about what it represented. She noted she grew up going to Rondo Days and Grand Old Days, and even Selby Days. She noted something simple would make sense, maybe something connected to the “At the Center” branding, or a focus on culture and diversity. Councilmember Butler stated she is in line with what has been presented. She added she grew up going to Earle Brown Days, but she is not tied to the name. She noted she likes the idea of changing the name, and community input will be very important. She noted she would also support something simple, like “Brooklyn Center Days”. Councilmember Lawrence-Anderson stated she concurs with Councilmember Graves and Butler. She added she is not tied to the name, and simply “Brooklyn Center Days” would be fine. She noted she agrees that a name change is valid, and she agrees it should be changed. Councilmember Ryan stated he is in line with all the previous comments. He added Mr. Boganey indicated there are many people in the City that do not identify with the current name and that aspect of the City’s past, and the City Council should be forward-looking and respectful of the sentiments of the community, especially with revelations about Earle Brown, who was emblematic for the festival. He noted he would support having a contest, to engage all the City’s diverse communities, to come up with a name for the festival. He agreed something simple would be fine. Mr. Boganey stated there seems to be consensus that City Staff should proceed with a plan to re- name the City celebration. He asked whether the City Council would support proceeding with plans for this year’s celebration, to be renamed “Brooklyn Center Days”, after which there will be an opportunity for community input to decide on a permanent name. Mayor Elliott stated he thinks that is fine, as the issue is to truly engage everyone in the process of planning the celebration, ensuring that it is inclusive, and pick a name that will capture everybody. He added more ideas can be sought from the community. Mr. Boganey stated City Staff will proceed with “Brooklyn Center Days” in 2021, with the expectation of a more engaged process before settling on a permanent name in the future. EXCERPT FROM FEBRUARY 8, 2021, WORK SESSION EARLE BROWN NAME DISCUSSION Mr. Boganey stated the City Council has had discussions regarding changing the City’s properties that bear the “Earle Brown” name. Questions have arisen about Earle Brown and his involvement in illegal activities, and the City Council directed City Staff to find out more information. On January 25, 2021, the City Council agreed to change the name of the community celebration to “Brooklyn Center Days”. City Staff was unable to contact the author of a book on Earle Brown, and no other verifiable information was available to aid in deliberation on this issue. Mr. Boganey stated requested City Council feedback and comment regarding whether the name of the convention center should be changed. He added City Staff can provide the City Council with cogent facts and potential options for consideration. Mayor/President Elliott stated the City Council, by changing the name of the City celebration to Brooklyn Center Days, has indicated that continuing to name properties after Earle Brown is problematic. He added it makes sense to consider new names for the conference center and City streets to ensure that the correct message is being sent, and that Brooklyn Center is an inclusive community. He noted the school district took steps last year to rename an elementary school. He expressed his support for moving forward with name changes and adding this item to an upcoming City Council agenda to make formal changes to the names of City property. Mayor/President Elliott stated community members have joined the meeting and may wish to comment. Melissa Carey stated she appreciates the thoughtful dialogue, and she supports changing the name. She added Councilmember/Commissioner Graves had suggested honoring native lands with input from communities that have been displaced. She noted she has the book about Earle Brown, and at a minimum, his inaction is enough to disqualify him from being honored. Councilmember/Commissioner Lawrence-Anderson stated she supports any name change. She added, however, the reality is that it was his farm, on land that he owned and donated to the University of Minnesota before it was purchased by the City of Brooklyn Center. She noted she supports changing the name of the City celebration to Brooklyn Center Days. Councilmember/Commissioner Lawrence-Anderson stated she would welcome input from City Staff as well as information related to costs associated with the change. She added there may be repeat customers of the conference center who are unable to find it again. She noted she would like to receive more information from City Staff. Councilmember/Commissioner Ryan stated he supports changing the name of the conference center. He added City Staff and the City Council can consider ways to come up with a name that resonates for the community, and given public perception, there is no way the original name should be retained, due to the perception it entails. He noted a city like Brooklyn Center can in no way accept a name that is in the most remote way associated with such an odious past. Councilmember/Commissioner Ryan stated historians and others may argue about the actual role of Sheriff Earle Brown and what he did or did not do, but that is not the point. He added the most important consideration is the public perception of what he might have been, and whether the City wants to be affiliated with that. He noted the name can be changed and there are marketing mechanisms to overcome obstacles related to changing the name, in terms of online searches and repeat patronage. Councilmember/Commissioner Ryan reiterated his support for changing the name of the conference center as well as any streets. He added we want to be who we are. Mayor/President Elliott stated City Staff can provide a list of streets and facilities owned by the City that will require name changes, to be considered all at once. Mr. Boganey stated a list of properties and streets can be provided, but he is unsure about the City Council’s direction. He added City Staff can provide a broad analysis with multiple options regarding how to address the question of changing the names. He noted this would give the City Council something to discuss and reach a consensus. Mayor/President Elliott stated the City Council would like a list of places and locations that will need a name change and costs associated with name changes, especially the conference center. He added there is a City Council consensus in favor of moving forward with name changes for all streets and buildings that were named after Mr. Brown by the City of Brooklyn Center. He noted a presentation and Resolution could be included in an upcoming City Council meeting, including ideas for names, and potential community engagement opportunities. Councilmember/Commissioner Lawrence-Anderson agreed that community input is necessary for changing the name. She added she would like to have community feedback, input and recommendations. She noted maybe a survey could be placed on the City website. Councilmember/Commissioner Ryan stated the recent revision of the City’s logo could be a model for proceeding with the name changes. He added the community was engaged, and a number of different logo ideas presented. He noted the name and logo should be something that is emblematic of the City, that would resonate with the City’s diverse communities, as well as customers coming into Brooklyn Center. Mayor/President Elliott stated he is excited to hear input from the community on this issue. He added he supports Councilmember/Commissioner Lawrence-Anderson’s idea of a website survey, but a broader reach should be considered. 4/21/2022 1 Earle Brown Heritage Center & Street Renaming CityCouncilMeeting,4/25/22 CordellWiseman,RecreationDirector Background •EarleBrownresearch •Councildirectionfornamechange •Recommendations 2 4/21/2022 2 What Has Been Done: •Dayta MarketingworkedwithEBHCstafftobeginexplorationofnew namepossibilities •CommunityEngagement •Postcardssenttoallresidents,newsstoryoncitywebsite •InͲpersonatEBHC(14peoplepresent) •Zoom(12peoplepresent) •OnlineSurvey(187peopleresponded) 3 Survey Results: •EarleBrownHeritageCenter •HeritageCenterofBrooklynCenter •RedFarm Crossings •TheBarns •RubyRedFarms 4 4/21/2022 3 Street Renaming: •RubyRedCircle •RedFarm Way •HeritageDrive 5 Staff Recommendation: •RenameEarleBrownHeritageCenterto: •HeritageCenterofBrooklynCenter •RenameEarleBrownDriveto: •HeritageDrive 6 4/21/2022 4 PolicyQuestions: •IsthereaconsensusoftheCouncilregardingthe proposednamechangefor theEarle BrownHeritage CentertotheHeritageCenterofBrooklynCenter? •IsthereaconsensusoftheCouncilregardingthe proposednamechangefor theEarleBrownDrivetothe HeritageDrive? 7                 !  " #$" % &'   !  (#&)  * +     (, -    ./   /0.  ** 1 11 0  /11 ./ * +   2 /   !  1 ./  0 . 0 / .&-   / .&-   0 !.*2/  3  1 !2/12 1 3! / / *0**/ /0 *1 * 04 *     0  23.** 30 1*0$    2 /2 / 1  /110  /+2 5- 1* *** 0  11  / 0  2/ 12  /0 *2   3 2 2 / !+2 5-  !+- (13  &/**   2./2/ /  // 11 -* *  * 16 //*./1 / **   ! .  782 /!./9!    / :; 0.<:;* .</ !+2 5-  ! +- (13  3/ /..  3! 11. **  16   =/.  3 >9?** 1 9?** 1 11 0            !! "# $!   10 #1 1 ?* +     3* ?* + 11 0    3* MEMORIAL POLICY Page | 1 CITY OF BROOKLYN CENTER MEMORIAL POLICY Purpose The purpose of this Memorial Policy is to establish guidelines, standards and procedures for the installation and care of dedicatory donations to the City of Brooklyn Center. The City of Brooklyn Center will consider donations, from both individuals and groups, both public and private, while at the same time manage the aesthetic impacts and mitigate on-going maintenance costs. Donations are not intended to be an avenue for commercial advertising or promotion. Guidelines established by this policy shall apply to all donations. The Public Works Department will manage memorial donations on City property. These donations can include benches and public art. Other donations may be considered on an individual basis by the City Manager, Public Works Director, and Parks Supervisor. x Bench memorials will be of the bench style that are currently installed throughout City property. x Acknowledgments and Memorials may include a plaque with the name of the person the memorial is dedicated to, dates of significance (birth date, date of death), and a generic saying such as “In Recognition of” or “In Memory Of”. The City Manager, Public Works Director, and Parks Supervisor reserve the right of full editorial over content, wording and appearance of memorials and plaques. Standards for Donations Acquisition or Purchase: The City has an interest in ensuring that donations purchased and installed be high quality related to style, appearance, durability and ease of maintenance. The Public Works Department will provide information for the purchase and will oversee the installation of the donation. Appearance and Aesthetics: The City has an interest in ensuring the best appearance and aesthetic quality of public spaces and City property. Donations and/or their associated donation acknowledgement should reflect the character of the property. All donations will be installed in such a manner that will not substantially change the character of the property. Maintenance: All donations become City property. Accordingly, the City has the duty to maintain the donation for the expected life cycle of the donation. The City Manager, Public Works Director, and Parks Supervisor, at their discretion, will recommend replacement or removal the donated item. MEMORIAL POLICY Page | 2 Repair: The City has an interest in ensuring that all memorial donations remain in good repair. In addition, the City has an interest in ensuring that the short and long-term repair costs are reasonable. Memorials must be of a high quality to ensure long life, be resistant to the elements, wear and tear, and to acts of vandalism. Due to factors beyond the City’s control, it cannot guaranty the longevity of the donation. Cost: The donor will cover the full cost for the purchase, installation and routine maintenance, if applicable, during the expected life cycle of the memorial. The donation cost shall include the cost of the memorial acknowledgement and memorial plaque. The donation cost shall also include three (3) years of maintenance for the memorial, unless the memorial should become damaged, is vandalized or becomes hazardous. The City will keep a record of donors, memorial costs, installation and maintenance. Procedure for Applying for a Memorial Application: The donor must contact the Public Works Department or Parks Department to determine whether a donation may be accepted based upon the criteria contained in this policy. If a donation can be accepted, the donor will complete an application form. Applications are available through in-person or via e-mail. Completed applications and payment will be made to the City for review and processing. Applications may be mailed to the City of Brooklyn Center, 6844 Shingle Creek Parkway, Brooklyn Center, MN 55430, delivered to Brooklyn Center City Hall or emailed to cmajors@ci.brooklyn-center.mn.us. For additional information contact the Public Works Department at 763-585-7100. Approval: The Public Works Director and Parks Supervisor, upon determining that the donation request meets the criteria provide in the policy, will make a recommendation to the City Manager. The City Manager must approve all memorial requests prior to the City accepting the donations. Criteria for Acceptance Acceptance: To accept a memorial for a specific location, the memorial must: 1. Not interfere with the intended current or future use of the property. 2. Not require the relocation of other equipment or infrastructure to accommodate the donation. 3. Not be in poor taste, vulgar, insensitive or disparaging in any fashion. In the opinion of the City, some City property may be determined to be fully developed and therefore the opportunity for memorials would not be available. MEMORIAL POLICY Page | 3 Other Donations There may be the possibility of other memorial donations, other than those contained within this policy. The Public Works Director and Parks Supervisor will review and make a recommendation to the City Manager for other such donations prior to approval. The City may accept those donations subject to approval by the City Manager. Conditions Location: Suggestions will be considered for a particular location but placement of all donations will be at the discretion of the Public Works Director and Parks Supervisor upon approval of City Manager. Installation: Installation of memorial donations, including the donor acknowledgement/memorial plaques, will be completed by the Public Works Department or a third party approved by the Public Works Director. The installation will be scheduled at a time and date as determined by the Public Works Director and Parks Supervisor so as to not unnecessarily interfere with routine maintenance or other public activities. Removal and/or Relocation: The City reserves the right to remove and/or relocate memorial donations and their associated acknowledgments/memorial plaques, when they interfere with site safety, maintenance, construction activities, are vandalized beyond repair or if damaged in any way beyond repair. Once the Public Works Director and Parks Supervisor determines the memorial has exceeded its service life, the Public Works Department, upon approval by the City Manager, may replace or remove the memorial with no guarantee of continued recognition for the memorial. In accordance with the stated procedures in the policy, the Public Works Department will send notification to each identifiable memorial informing the donor of any action related to the disposition of the memorial. In certain situations, such as safety or emergency situations, the notification may be made after the action is taken. In the event a memorial must be permanently removed, the Public Works Director and Parks Supervisor will, when feasible, seek an alternative location consistent with this policy. If no alternative can be found, the memorial, acknowledgment and memorial plaque, at the donor’s request, may be given to the donor. END OF MEMORIAL POLICY Public Works Department 6844 Shingle Creek Parkway Brooklyn Center, MN 55430 (763) 585-7100 Memorial and Donation Application Name of Donor: Address of Donor: Contact Number: E-Mail: Proposed Location: Description of Donation: Wording on Memorial Acknowledgement: My signature below indicates that I have received a copy of the City of Brooklyn Center Memorial and Donations policy and agree to all provisions and procedures as outlined. Signature of Donor: Date: Printed Name of Donor: Complete applications shall be mailed or emailed to: City of Brooklyn Center, Attn: Public Works Department 6844 Shingle Creek Parkway Brooklyn Center, MN 55430 cmajors@ci.brooklyn-center.mn.us STAFF USE ONLY Date Received:_____________________________ Staff Recommendation to City Council: Approve______ Deny______ Council Review Date:_______________________ Council Action:___________________________________________ Order Date:________________________________ Installation Date::_________________________________________ Date Family Notified:_______________________________________                 !  " #$" % &'   !  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B 0@3)++  ;   +0 *+))0 *+0+0 +0 000  A ! 39 .+( !0 !   .  )9  C0 0+;  +3 00+ ++ ,  )(!0 *+))0 0  00 * 30  9* !0 )    0*+)) 9* 90).  .> .   0  +    !     9*!0 +;    *    A)3  +@ *+) 930+;)*30*+))  (  / ) *+))3)0 !0 0 +* 0)0 0 9 03 +@*+)(  130/ ) *+)) ++*!0  .( 00 *+)))*0+;3 A   "  09    "        #  $   0*+))  3&1/ *+   !   %   *+) &&'(&!   +. #+ + / ) *+)) 5D  &(+   . 5D   .2? /;%.* E5  &(+  +, ( E5  &(+  638311v1BR305-1 PRELIMINARY DEVELOPMENT AGREEMENT PRELIMINARY DEVELOPMENT AGREEMENT dated this _____ day of ___________, 2022, by and between the Economic Development Authority of Brooklyn Center, a Minnesota body corporate and politic, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 (the “Authority”) and _______________________, LLC, a Minnesota limited liability company, ________________________________________ (the “Developer”). WHEREAS, the Authority is the fee owner of property located in the City of Brooklyn Center (the “City”) at 6100 Shingle Creek Parkway (the “Property”) which Property the Authority is willing to consider selling for purposes of development of a mixed use commercial international grocer, attached retail and commercial uses, and housing (the “Development”); WHEREAS, the Developer desires to explore the possibility of acquiring the Property together with additional adjoining private property (“Additional Property”) to combine with the Property (together, the “Property” and “Additional Property” are referred to herein as the “Development Property”) for development of the Development; WHEREAS, the Authority’s Board of Commissioners has reviewed the Development concept and is interested in development of the Property as proposed by the Developer; WHEREAS, if the Developer is successful in obtaining the necessary financing and commitments to construct the Development and agrees to construct the Development, then the Authority would be willing to enter into an agreement with the Developer for the conveyance of the Property and construction of the Development at a mutually agreed upon price together with other negotiated conditions for conveyance of the Development Property; WHEREAS, the Developer has requested that the Authority execute this Preliminary Development Agreement (“PDA”) agreeing to work solely with the Developer during the term hereof on negotiations for acquisition of the Development Property by the Developer to provide the Developer with time to conduct review of the Development Property, obtain financing for the proposed Development, prepare appropriate plans for the Property, obtain necessary City approvals for the Development, and negotiate with the Authority on an agreement for the sale of the Development Property; WHEREAS, the Authority is willing to enter into this PDA for such purposes upon the terms and conditions provided herein. NOW THEREFORE the parties agree as follows: 1. In consideration of the processing of the Development under the terms of this PDA, the Authority agrees that it will negotiate and work solely with the Developer on negotiations for sale of the Property to the Developer for the Developer’s proposed Development until April 25, 2023 (“Term”). Further, the Authority agrees to cooperate with the Developer or a successor in evaluating any development proposal submitted by the Developer, including whether any public financial assistance is warranted in connection with that effort. If the 638311v1BR305-1 2 Developer and the Authority reasonably determine that tax increment assistance is necessary in order to induce the proposed development of the Development Property, with the Developer’s assistance, begin the process to create a tax increment financing district encompassing the Development Property, including the preparation of a tax increment financing plan, pursuant to Minnesota Statutes Sections 469.174 through 469.1794, as amended (collectively, the “TIF Act”). The Developer will be responsible for entering into an escrow agreement to finance the Authority’s costs for creating a Tax Increment Financing District. 2. During the Term of this PDA, Developer agrees to use its best efforts to: a. complete site planning and site engineering; b. complete architectural concept plans; c. submit application for a business subsidy request to the City and all necessary financial documentation needed for review; d. submit application, and receive all necessary City approvals related to the subdivision and development of the Development Property; e. secure construction financing necessary to construct a project consistent with the terms of this PDA; f. negotiate a Contract for Private Development for acquisition and development of the Development Property and construction of an approved Development. 3. During the Term of this PDA, the Developer and the Authority agree to use their best efforts to resolve property acquisition issues related to the Development Property and to attempt to bring to fruition the proposed Development through a Contract for Private Development for conveyance of the Property and development of the Development Property; provided, however, that the Developer acknowledges that the Authority will not exercise the power of eminent domain with respect to the acquisition of any property in connection with the Development or this PDA. 4. The Developer may assign this PDA to an affiliate controlled by or under common control by the Developer without consent but with written notice to the Authority or to an Authority approved successor upon written notification and approval by the City. 5. The Developer will provide the Authority with a written progress report on the status of the goals identified in Paragraphs 2 and 3 every 90 days following the date of this PDA. 6. This PDA represents the entire understanding of the parties regarding the Development Area and any amendment to this PDA shall be in writing and be executed by both parties. 7. Both Parties are aware of and acknowledge that contingencies and unknowns presently exist, any one or more of which could make the Development cost prohibitive, and that both parties are expending sums of money and time with full knowledge of the risks involved and that neither party shall be liable for any of the other party’s expenses in any event , except (i) as otherwise provided pursuant to a separate agreement between the parties, (ii) in connection 638311v1BR305-1 3 with an application for a public subsidy, or (iii) pursuant to required fees or costs related to applications made to the City or under City Code. 8. The parties agree that this PDA is not intended to bind the parties to enter into an agreement for the sale and acquisition of the Property, but is merely intended to set forth the parties’ intent to proceed with the process of (i) negotiating an agreement for the sale of the Development Property and development of the Development Property and (ii) resolving certain pre-development issues related to the Development Property and Development. 9. No approval given by the Authority hereunder or in connection herewith shall be deemed to constitute an approval of the Development for any purpose other than as stated herein and the process outlined in this Agreement shall not be deemed to supersede any concept review, conditional use permit, vacation, subdivision, or other zoning or planning approval process of the Authority or the City relative to the development of real estate. 10. This PDA may be amended by mutual written agreement of the parties. 11. This Agreement may be terminated by the Developer at any time. The Authority may terminate this Agreement upon 30 days prior notice and opportunity to cure if it reasonably determines that the Developer is not using its best efforts to progress the Development and bring it to fruition. In either case, notice to terminate shall be provided in writing to the other party. 12. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement. 13. Notice, demand, or other communication from one party to the other shall be deemed effective if sent by certified mail, postage prepaid, return receipt requested or delivered personally to a party at its address in the first paragraph of this Agreement, or at such other address as such party may designate in writing to the other party. 14. The Authority and the Developer agree that this Agreement is intended to be preliminary in nature and will be superseded by one or more definitive contracts, mutually satisfactory to the Authority and the Developer, which shall be negotiated, approved and executed by the Authority and the Developer and no obligation regarding the conveyance of property or provision of any Public Subsidy shall exist with respect to the Development prior the approval and execution of such definitive contract(s). 638311v1BR305-1 4 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By__________________________________ Its President By__________________________________ Its Executive Director IFC, LLC By__________________________________ Its _________________________________ Commissioner _________________ introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2022-____ RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT WITH IFC, LLC WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the “Authority”) has received a proposal from IFC, LLC, a Minnesota limited liability company (the “Developer”) regarding the development of land owned by the Authority for the creation of a international food village, which proposal contemplates the Authority's conveyance of the property located at 6100 Shingle Creek Parkway (the “Authority Property”) to the Developer; and WHEREAS, the Authority’s Board of Commissioners has reviewed the Developer’s development concept and has caused to be prepared a Preliminary Development Agreement to allow the Developer to negotiate the purchase of the Authority Property, conduct due diligence, obtain the necessary financing and commitments to construct the development, apply for, and gain approval from the City for the development and any necessary public subsidy; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota (the “Board”), as follows: 1. The EDA hereby approves the Preliminary Development Agreement substantially in accordance with the terms set forth in the form presented to the Board, together with any related documents necessary in connection therewith (collectively, the “Preliminary Development Documents”) and hereby authorizes the President and Executive Director to negotiate the final terms thereof and, in their discretion and at such time as they may deem appropriate, to execute the Preliminary Development Documents on behalf of the Authority, and to carry out, on behalf of the Authority, the Authority’s obligations thereunder. 2. The approval hereby given to the Preliminary Development Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the Authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers of the Authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. 3. Upon execution and delivery of the Preliminary Development Documents, the officers and employees of the Authority are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Authority to implement the Preliminary Development Documents. Resolution No. 2022-________ 4. The Board hereby determines that the execution and performance of the Preliminary Development Documents will help realize the public purposes of the Economic Development Authority Act. _________________________ _________________________________ Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. INTERNATIONAL FOOD CORPORATION - A VISION FOR SUCCESS James Sanigular, CEO March 18, 2022 The International Food Corporation (IFC) has been contemplating and exploring locations for a new destination grocery for several years. Our priority and mission has always been to provide cultural and ethnic culinary options within the most diverse populations in the State of Minnesota, ideally in the heart of Brooklyn Center. We have actively supplied a variety of international food products to retailers in the metropolitan area, including Cub, HyVee and others, yet we have observed that shelf space has reduced due to the increasing competition for locally grown or higher priced boutique alternatives. In our conversations with first generation families or recently immigrated groups, we have come to understand that the alternatives that we provide remain in high demand by neighbors, the greater metropolitan community, and regional food providers. To this end, the IFC vision is focused on creating a venue that is a destination anchored by an elaborate international grocery store and bulk retail space. This undertaking will create roughly 100 – 120 quality employment opportunities from entry level service-oriented positions to management and leadership positions. The resultant benefit will be to generate and generally increase city’s tax base and property values – both residential and commercial properties. The mixed-use facility that we envision can stimulate a vibrant community hub that may actually strengthen and solidify the city’s cultural identity. As we research, we have come to realize that this will support other businesses in the area from the traffic and increased daily visits from guests we intend to bring in. Not only that, but it will also be the only facility of its kind in the country. This excites us at many levels. In addition, as this location begins to develop a reputation, it will become a cultural attraction in the Minnesota and the entire mid-west region due its uniqueness. As we consider the development details, we feel that offering a sustainably responsible and green centered building is of utmost importance. Environmentally friendly solutions will complement our vision for future forward thinking. We have already discussed ideas of enhanced daylighting, green roof, photo voltaic panels, vehicle charging stations, natural storm water management, locally appropriate plantings, and renewable materials and systems. As noted earlier, the vision has a mixed-use foundation, and we are enthusiastic to share that a range of living experiences are under consideration that will provide affordable housing for low income to market rate medium income individuals, as well as seniors in an apartment setting. This development is meant to gather intergenerational communities and a broad diversity of people in a place that is safe, reflective of a inclusive experience, and healthy for all. Strategically located in the center of the metropolitan core providing easy and convenient access for the surrounding cities of Brooklyn Park, Fridley, Maple Grove, Robbinsdale, Columbia Heights, and Minneapolis. Our investigation has shown that these communities have demographics that include high percentages of African, Native American, Asian, Latino, and South and Central American families. We see this development as a pioneer place to be, as a dynamic foundation to the success of the city center. Major development and project programmatic elements include: (1) ethnic grocery with bulk retail distribution, (2) commercial kitchens where families can teach and learn how to prepare the meals from INTERNATIONAL FOOD CORPORATION - A VISION FOR SUCCESS these unique foods, (3) a health clinic to understand the benefits of balanced nutrition, mental wellness, and food safety, (4) a playground and green space where physical activity can complement the shopping experience, (5) residential apartments, and (6) and African brewery. As we consider the long-term community influence, we recognize that changing demographics of this area coupled with the desire for more authentic ethnic foods can inspire the success of this development as well as enhance the overall mission of the City of Brooklyn Center in becoming the diverse, inclusive, and equitable community that IFC has come to know and desires to be a part of. IFC has assembled a culturally appropriate and robust collaborative team to navigate and share the ideas that we are proposing. To date, our team includes the following: LSE Architects, Inc. – Site Planning, Use Programming, Architectural Design, Creative Place Making LSE Architects is a Minneapolis-based minority owned architecture, interior design, and planning firm dedicated to providing our clients with a high level of service based on a combined knowledge of our client’s markets. Founded in 2011 by Mohammed Lawal, Quin Scott and Ron Erickson (Co-founder of Krosunsky Krank Erickson Architects), LSE’s partners bring a combined history of over 93 years of producing high quality projects that exceed our clients’ expectations. We have extensive experience in multiple markets and truly understand the core business needs to make a project successful. Our market areas include community, K12 education, multi-family housing, hospitality, and workplace. NEON – Technical Assistance The Landon Group – Financial Feasibility/ Study Scott Thompson, John Ash, Tri Construction – General Contractor R D I S C U S S I O N AT I O N A L F O O D S V I L L A G E A V I S I O N A V I S I O N F O R T H E S I T E A N D FO R T H E S I T E A N D T H E C I T Y TH E C I T Y si o n s a w o r l d - c l a s s d e s t i n a t i o n f o r G l o b a l F o o d s C SI T E PR O P O S E D S I T E Ma j o r S ite Uses Area (SF) Occup/ SF Occupants Comments A Mar k e t G r o c e r y a n d B u l k P u r c h a s i n g 1 1 0 , 0 0 0 1 2 0 9 1 7 S i m i l a r t o a C o o p & C o s c o / R e g i o n a l p i c k u p f o r b u l k B all A r e a w i t h C o m m u n i t y K i t c h e n s 3 , 5 0 0 7 5 0 0 M u l t i p u r p o s e s p a c e ( f a m i l y e v e n t s , w o r s h i p , r e u n i o n s , m u s i c , e x h i b i t C nde n t s t a n d s - C o f f e e S h o p / D e l i 4 , 5 0 0 5 0 9 0 J a v a , S a n d w i c h e s / E t h n i c d e l i D tia l A p a r t m e n t s 6 0 , 0 0 0 2 0 0 3 0 0 1 5 0 U n i t s ( S t u d i o / 1 b e d / 2 b e d ) , p a r k i n g b e l o w , 5 l e v e l s E ent e r / O f f i c e s / M e e t n g R o o m s 3 , 0 0 0 2 0 1 5 0 C o m m u n i t y g a t h e r i n g , W e e w o r k s s p a c e s , C o n f e r e n c e s p a c e s F Bre w r e y & T a s t i n g R o o m 3 , 5 0 0 5 0 7 0 S e p a r a t e s t r u c t u r e - b r e w i n g a n d s a m p l i n g G pla y z o n e 2 5 , 0 0 0 2 5 0 1 0 0 O u t d o o r ( i n d o o r ) - T o d d l e r s t h r o u g h 8 t h g r a d e H nde n t V e n t u r e - C l i n i c 1 5 , 0 0 0 1 5 0 1 0 0 I n d e p e n d e n t b u i l d i n g - s t a n d a l o n e st r u c t u r e 2 0 0 , 0 0 0 - - - - - - O n e l e v e l o n g r a d e , t h e s e c o n d l e v e l e l e v a t e d subtotal (u s a g e s q u a r e f o o t a g e ) 199,500 2,227 ac r e s 4 . 5 8 Pa r k i n g & B u l k R e t a i l 4 2 2 9 all & K i t c h e n s 3 1 6 7 Sho p / D e l i / S a n d w i c h s h o p 3 3 0 tia l A p a r t m e n t s 2 1 5 0 P a r k i n g u n d e r b u i l d i n g ent e r 2 7 5 Bre w e r y 3 2 3 d 52 0 33 3 subtotall parking 728 37 5 s f / c a r 37 5 Pa r k i n g l o t s i z e 27 2 , 8 1 2 . 5 0 6. 2 6 JOH N M A R T I N D R I V E SUMMIT DRIVE E A R L E B R O W N D R I V E SU M M I T D R I V E H W Y 1 0 0 19 . 0 2 A C 5. 1 1 A C AC 3. 2 4 A C 4. 1 3 A C 5. 0 3 A C 3. 4 0 A C 2. 7 1 A C 4. 4 8 A C 3. 5 0 A C 0. 9 A C 4 3 8 ' 4 5 7 ' 373 ' 4 0 4 ' 4 0 3 ' 468 ' 4 3 5 ' 353 ' 478 ' 4 1 9 ' 3 9 3 ' 4 3 5 ' 64 ' 74 ' 64' 50' 83' 40' 40 ' 379 ' 288 ' 51 6 ' 64 ' 6 4 ' 7 4 ' 6 4 ' 434 ' 450 ' 475 ' 539 ' 67' 50 ' 64 ' 347' 29 9 ' 4 0 9 ' 72 1 ' 4 0 3 ' 4 5 4 ' 4 2 6 ' 552 391' 278'311 ' 184 ' 21 1 ' 64' 27 7 ' 79' 83' 295 ' 34' 64' 189' 523' 20 9 ' 46 3 ' 777 R FE E T SC A L E 0 2 0 0 40 0 LE G E N D PA R K W A Y MA I N S T R E E T GA R D E N S T R E E T NE I G H B O R H O O D S T R E E T PR O P O S E D P R O P E R T Y L I N E TR A N S I T O R I E N T E D D E V E L O P M E N T PA R K S EX I S T I N G P R O P E R T Y L I N E Ph Ma r c h 2 0 2 2 Ph a Ma r c h 2 0 2 2 A C O M M U N I T Y P L A Y Z O N E I N V I T E S D I V E R S E A E U L P OL I T A N ATI O N A L MU L T I P L E R E T A I L E N T R I E S I N V I T E G U E S T S T O B R O W S E OP E N A N D I N V I T I N G M A I N E N T R A N C E IN T O I N T E R N A T I O N A L V E N U E SU M M I T D R I V E N G A R D E N R O A D