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HomeMy WebLinkAbout09-12-22 CCP                          ! "#$    % & #  '  (#                 !  " #$" % &' (#&)  *  ++ ,               !"#$%&                       !   "      #    #          #                     $                %            !                                &      #   # #          &#        # #'  &            &         #    !                                    ! "#        ' (!" !" )*"+ , )-./*** . (  )             *      #    (  #          +  % - & 0). .! # ( .))* .) (                  (                  )                     &  *  $  $    "  !  %   &'(   &'&) (   *' " +  *')',$  *' " +  *'  #  *'    *  ,   $    "   -  -   *  . /0   ,*  1& ',, '( +  $         . 0      1&',, '( +   1     $ 23  $   /   $    &      $  1     $ 23  $   /   $    &      $  + 0**10!*1-!.*1*  4 3  .    #    "         # #/"#     $ # 0- 2 03!4.* 5 0.*** 6 !*)*    *     !- ' )7 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 dĞĐŝƐŝŽŶ͘ •Allow new solutions in a time of dynamic change, process: (1) name the problem (2) findthe 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  ))12!03  .45 4 (4 ,,-(0- (    %     %    %       !   ,56 ""#$"    ,5 #, , 7*)  89  &*,  ::+7*)  89  &*,  81+  2 &*,  8  - &  2 &*,  8 ))  2 &*,  6/1/22 -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 JUNE 1, 2022 CITY HALL – COUNCIL CHAMBERS 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 6:13 p.m. ROLL CALL Mayor/President Mike Elliott (arrived at 6:118 p.m.), 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, Community Development Director Meg McMahan, Associate Planner Olivia Boerschinger, City Planner Ginny McIntosh, City Attorney Jason Hill, and City Clerk Barb Suciu. ZONING CODE UPDATE City Manager Reggie Edwards introduced the item and invited Ms. McMahan to continue the Staff presentation. Community Development Director Meg McMahan stated the Zoning Code is a huge project, and Staff has been working on it for two years. It is State law to update the Zoning Code to align with the City’s 2040 Comprehensive Plan. She invited the consultants from Bolton & Menk to continue the presentation. Mike Thompson, Senior Urban Planner with Bolton and Menk, provided an overview of the presentation’s agenda. Ms. McMahan stated zoning has contributed to systemic racism over time and led to disparities seen today. She noted there were many times when Staff interacted with the local community throughout the process. Ms. McMahan stated planning emerged at the beginning of the 1900s as a response to industrialization, overpopulation, and diseases. Early zoning valued sprawl to address issues. It was also primarily white people. Ms. McMahan noted two major cases that impacted zoning. First, there was one that prohibited racialized language in the zoning code. A lot of hidden languages came out of that decision. The second one allowed the City to regulate land use based on certain boundaries which separated residential settings from industrial ones. Ultimately, the outcome was exclusionary zoning. 6/1/22 -2- Ms. McMahan stated zoning is meant to balance public and private goods. Race- and class-based language was used to segregate areas. President Woodrow Wilson was a segregationist and created a committee to develop model zoning laws. The model laws included a lot of exclusionary languages. Ms. McMahan explained redlining was a federal measure used to approve mortgages. Within areas that were redlined, individuals could not get mortgages. By comparing redlining maps to today’s demographic maps of Minneapolis, there is a very strong alignment. Redlining exacerbated segregation issues. There were also deed restrictions driven by real estate and developers rather than planners. Ms. McMahan stated in the 1960s, there was federal action used to counter the effects of segregation that had occurred through redlining. Fair housing laws were developed which allowed for some improvements. However, less direct ways to promote segregation began. Some examples include areas with excessive setbacks, zoned for single-family housing, and restrictions on affordable housing types in certain land use. Ms. McMahan stated housing discrimination still exists, and there are significant housing shortages that marginalize communities of color. Each city is facing a different combination of issues, so each city needs its zoning codes to address its community characters. There are issues of affordability, accessibility, gentrification, and housing stability. However, zoning is not a tool to fix all of those issues. Ms. McMahan noted Brooklyn Center saw its growth peak in the 1950s and 1960s. It was not impacted by earlier issues such as redlining. The GI Bill did have some impact on the City, which created some disparate outcomes in the early times of Brooklyn Center. It was not developed with large lots or setbacks, as was typical for exclusionary zoning. Early residents were predominantly, but not exclusively, white. Ms. McMahan stated Brooklyn Center is a suburban auto-oriented community with large roadway infrastructure. It had largely separated land uses, and there is very little mixing of land uses and emphasis on transit. Transit is adjacent to but not embedded in neighborhoods. There are also limited industrial zones. A majority of the jobs in Brooklyn Center are retail and are not very high- paying. Ms. McMahan pointed out the Comprehensive Plan originated mixed-use zoning in Brooklyn Center. The mixed districts are meant to create more walkable communities. The Comprehensive Plan also aims to embrace public transit. Additionally, it introduced residential areas with commercial nodes. Ms. McMahan explained the current Zoning Code is nearly unusable. It dates back to the 1960s and is not user-friendly. Many components are out of touch with current laws and reinforce old land patterns. Therefore, it does not serve the future vision of the community. 6/1/22 -3- Ms. McMahan noted looking at opportunities for equity in zoning, they aim to reduce racial disparities by adopting mixed-use zoning districts, introducing commercial nodes, organizing land uses around transit, making homeownership more affordable, increasing sustainable and environmentally-friendly solutions, and encouraging more inexpensive housing options. Accommodating multigenerational families and allowing for more home-based businesses will also benefit the community. Dr. Edwards added Woodrow Wilson is considered the father of public administration. The design of government and how it functions was also developed during Woodrow Wilson’s time as a politician. Therefore, there are some interconnections between zoning, public administration, and segregation. Councilmember/Commissioner Ryan stated it would be useful to have a graphic to better explain the reasons for the Zoning Code update. He added public administration was also created to alleviate political corruption, but it was a double-edged sword with some negative side effects. Mr. Thompson explained there are several reasons for the Zoning Code update, some of which were mentioned by Ms. McMahan. As it stands, the City is open to lawsuits due to some of the current Zoning Code. Mr. Thompson explained there is no such thing as a perfect code, but it is a living, breathing document. It is meant to be adapted as need be over time. Councilmember/Commissioner Lawrence-Anderson asked if the Zoning Code made sense when it was developed. Ms. McMahan stated by looking at the layout of the City, it did make sense at the time. The houses are laid out with similar lot sizes with a centralized retail area. It is a very traditional suburban pattern. It served the purpose of the time. The 2040 Comprehensive Plan aims to maintain single-family neighborhoods while creating opportunities to include other types of housing styles to better serve the greater community. Councilmember/Commissioner Ryan noted he interned with an organization that was working to relocate salvage yards from North Minneapolis. There were single-family homes next to dumps. The City was growing very quickly and could not keep up with zoning issues. Mr. Thompson pointed out that the phrase Unified Development Ordinance (UDO) is an umbrella term for zoning code, which he may use from time to time in the presentation. City Planner Ginny McIntosh explained there are three separate standalone codes currently. The proposed Code would set up a single section with all things related to zoning. The Zoning Code regulates land use and development. The subdivision ordinance regulates the division of land. The sign portion is self-explanatory. Mr. Thompson noted there has been a large amount of community engagement. There have been nine info sheets, and there was a Zoning Task Force comprised of residents. There is a draft of the Code available online for the public to access. Three open houses were advertised to the public and are available on the website. There are also narrative videos with details on each of the sections 6/1/22 -4- in the Zoning Code. Additionally, there were preference surveys. The website includes an interactive map as well. Councilmember/Commissioner Graves asked if the Task Force would continue to be part of the process. Ms. McMahan stated their role is mostly complete. They set the priorities and goals and did some of the equity work. From there, it went to the Planning Commission and Housing Commission for review over the last eight months. Mayor/President Elliott asked if they could have access to the input from the Task Force. Ms. McMahan stated the information from the Task Force is available on the Zoning Code website. Mayor/President Elliott stated he would prefer a hard copy. Ms. McMahan added they mailed a postcard to every house that would be impacted by the Zoning Code change with a link to the interactive map on the website. Remote owners were also notified of the impact. Mr. Thompson showed the interactive map and how to use it. Mr. Thompson explained there are nine sections to the Zoning Code. The first is the general division that provides a legal framework and affirms the authority of the Code. Second is the section that most people interact with. It includes setbacks, uses, and the ultimate framework for how the land can be used in the City. Mr. Thompson stated the third section includes protections of natural resources that comply with State laws. It also establishes overlay for properties near bodies of water. Ms. McMahan noted the third section will be new for Brooklyn Center as there are not currently shoreline protections. For the most part, residents are understanding and supportive of the addition. It is primarily a State-mandated requirement, so they have pulled model language from the Department of Natural Resources. Mayor/President Elliott asked if some of the shorelines would become public domain and grant public access. He added a lot of homes on the shoreline are likely to experience erosion. Ms. McMahan stated the Zoning Code does not take land, and it would be against the law. There are instances of public domain where people could be paid for their property. The types of regulations are things such as setbacks for structures, what types of things can encroach on the setbacks and other things that impact the built environment. In short, it regulates the use of the private property. The goal is to protect the shoreline and water quality. Mayor/President Elliott noted there have been previous conversations about preventing erosion. Ms. McMahan stated she is not familiar with those conversations. Councilmember/Commissioner Lawrence-Anderson asked if some of the current buildings and whatnot would be grandfathered in under the new Zoning Code. She asked if that would be written in the Zoning Code. Mr. Thompson stated almost all current buildings would be grandfathered in. 6/1/22 -5- Ms. McMahan pointed out there is a State law that allows for uses to be repaired, replaced, or approved after a Zoning Code change. The building could not further encroach upon any new Zoning Codes. Mr. Thompson stated the fourth section addresses use regulations intending to establish a legal framework of allowable uses. The fifth section includes further development standards which include aesthetics and parking. It has elevated the landscaping and created more flexibility for Staff and the community. Mr. Thompson added the next session addresses signs. He noted the First Amendment does apply, but the City can regulate the size, location, condition, and lighting of the sign without impacting the statement. Next, there is a section addressing subdivision processes and responsibilities. Mr. Thompson noted there is a section that sets the procedures of the approval process with the Planning Commission, City Council, public hearings, public notices, and the like. It also addresses amending the Zoning Code and includes more robust language to allow for wider public notice of hearings. The final section covers definitions and interpretations of language throughout the Zoning Code. Councilmember/Commissioner Lawrence-Anderson asked if the definitions are agreed upon by a larger body. Mr. Thompson stated the State has written definitions of certain things while the City can make other definitions, as long as the definitions do not conflict with State definitions. Ms. McMahan pointed out they tried to remove specificity to allow for future flexibility. Councilmember/Commissioner Lawrence-Anderson asked if the International Property Maintenance Code has been adopted. Ms. McMahan confirmed the International Property Maintenance Code has been adopted, but there is no established international zoning code. It would likely promote inequity. Councilmember/Commissioner Ryan noted there are some value judgments included in the creation of definitions, and that will be interesting to see going forward. Mr. Thompson stated one of the biggest changes is the consolidation of districts. There is also an allowance for home-operating businesses that consider issues such as residency requirements and traffic generation. Councilmember/Commissioner Lawrence-Anderson asked how commercial vehicles play into home occupations. Ms. McMahan stated the new Zoning Code allows for one commercial vehicle per lot with some size limits. It would allow for a food box or box truck but not a semi-truck or a dump truck. Councilmember/Commissioner Lawrence-Anderson stated some neighbors are not going to like looking at a food truck. Ms. McMahan stated there are calls from both sides that do and do not want commercial vehicles. The Zoning Code is a balance between property rights and being able to enjoy one’s neighborhood. 6/1/22 -6- Mr. Thompson noted they were very careful in their classification of families and de-coupled families needing to be defined as a family to live in a household. Mayor/President Elliott asked if the household size is restricted. Mr. Thompson stated the size of a household is also not restricted. Ms. McMahan pointed out the Building Code has a regulating factor for occupancy requirements. The occupancy depends on the egress and square footage of the space. The Building Code also defines what a bedroom is. The Zoning Code is meant to address how a building impacts others in the area rather than addressing what happens on the inside. Mayor/President Elliott explained they cannot limit people’s households because there are different cultural standards. Ms. McMahan stated the City Code creates rules to allow for a safe number of people to escape a burning home. The number is extremely high and is approximately 1 person per 40 square feet. Mr. Thompson provided a summary of the next steps. Mayor/President Elliott stated he would like to hear more details about the community engagement process. He would like to seek out input and leadership from the residents for the Zoning Code updates as a way to focus on equity and community ownership. He asked if there are technical experts that could be brought in to provide an equity lens on the changes. Councilmember/Commissioner Ryan thanked Mr. Thompson and Ms. McMahan for their work on the updates. Ms. McMahan stated the new framework for the Zoning Code will make customer service so much better and allow for easier changes down the line. They can always go back and dive deeper into certain areas as needed. Mayor/President Elliott agreed he likes many of the changes, but there needs to be intentionality and conversations regarding the specific changes and consideration of the potential consequences of the changes. RECESS TO CLOSED SESSION Mayor/President Elliott asked for a motion to adjourn the meeting. City Clerk Barb Suciu stated the City Council/Economic Development Authority is moving into a Closed Session so there is no need to adjourn the meeting at this point. The City Council/Economic Development Authority Work Session recessed to Closed Session at 7:23 p.m. ATTORNEY CLIENT PRIVILEGE – CLOSED SESSION – METROPOLITAN COUNCIL CONCILIATION The City Council/Economic Development Authority Work Session met in Closed Session to discuss 7:27 p.m. and provided direction to staff. 6/1/22 -7- RECONVENE AND ADJOURNMENT The City Council/Economic Development Authority Work Session reconvened at 8:45 p.m. Councilmember/Commissioner Elliott moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 8:49 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 the Special Work Session of the City of Brooklyn Center held on June 1, 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 September 12, 2022, Regular Session. City Clerk Mayor 6/6/2022 Page 1 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA JOINT WORK SESSION JUNE 6, 2022 VIA ZOOM 1. CALL TO ORDER The Brooklyn Center City Council/Financial Commission Joint Work Session was called to order by Mayor Elliott at 6:40 p.m. 2. ROLL CALL Mayor Mike Elliott and Councilmembers Kris Lawrence-Anderson, Dan Ryan, and April Graves (arrived at 7:08 p.m.) were present. Councilmember Butler was absent and excused. Also present were Financial Commission Chair Taneshia Kragness, Emmanuel Kpaleh, and Dean Van Der Werf. Financial Commissioners David Dwapu and Taofeek Ishola were absent. Also present were City Manager Reggie Edwards, Acting Finance Director Andy Splinter, Interim Police Chief Tony Gruenig, Fire Chief Todd Berg, Recreation Director Cordell Wiseman, Office of Community Prevention, Health, and Safety Interim Manager LaToya Turk, Liquor Operation Manager Tom Agnes, City Clerk Barb Suciu, and City Attorney Jason Hill. 3. PRESENTATION OF AUDIT REPORT AND MANAGEMENT LETTER 3a. AUDIT REPORT AND MANAGEMENT LETTER City Manager Reggie Edwards introduced the topic and invited auditors Jim Eichten and Jackie Huegel to continue the presentation. Ms. Huegel stated their role is to provide an opinion on financial statements. Financial statements are fairly presented in accordance with accounting principles generally accepted in the United States of America. They also test internal controls and compliance. They are in compliance with the Minnesota Legal Compliance Audit, and there is a separate single audit of Federal dollars due to the amount of Federal money the City used. A majority of Federal funds were used on the Brooklyn Bridge project. Ms. Huegel explained they have an unmodified financial report to present. There were no findings for internal controls over financial reporting, legal compliance audit findings, and single audit of Federal awards. She showed a slide with a graph depicting the increasing taxable market value over the last ten years. 6/6/2022 Page 2 Ms. Huegel showed a slide with a table depicting the tax rates for Brooklyn Center over the past three years. She showed a slide summarizing governmental funds revenue per capita, and governmental funds expenditure per capita. Ms. Huegel showed a chart with the general fund financial position including fund balance, cash, and expenditures over the past five years. She then showed a slide with the general fund revenue by source, broken down into the sources of taxes, intergovernmental, and other for the past five years. She also showed the general fund expenditures by function broken down into general government, public safety, public works, parks and recreation, and other for the last five years. Ms. Huegel showed a slide of the water fund over the last five years, which increased due to an increased water rate. As for the sanitary sewer fund, the operating revenues saw a slight increase due to a rate increase in conjunction with a decrea se in use. The liquor fund had a slight increase in sales and operational expense. There was an overall loss of about $330,000, which does not include the non-operating revenue dollars. Lastly, there was a decrease in the Earle Brown Heritage Center Fund operating expenses and revenue due to COVID-19. It did receive about $300,000 in relief that is not reflected in the graph. There was an overall deficit of over $1.2 million. Ms. Huegel stated overall, there was a clean opinion on the City’s financial statements. No findings were reported, and there will be a continued ongoing assessment of financial projections and results including general, other operational, and enterprise fund activities. RECESS AND RECONVENE Mayor Elliott recessed the meeting at 6:57 p.m. Mayor Elliott reconvened the meeting at 7:05 p.m. 4. COUNCIL / COMMISSION QUESTIONS Councilmember Ryan noted the City gave a lot of money to nonprofits to help with the effects of the civil unrest. He asked what accounting was done to ensure the moneys were properly spent and who audited those reports. Dr. Edwards stated there was no independent audit completed. The contracts for purchased services were handled as all contracts are and services are stipulated in the contract. As indicated in the audit, there is some accountability with intergovernmental funds for the moneys to be used as purposed. Mayor Elliott asked what the $130 per capita increase was referring to. Ms. Huegel stated the increase was for capital outlay and construction, which was related to the Brooklyn Boulevard improvement project. Mayor Elliott asked what the fund balance was at the end of the year. Ms. Huegel stated the fund balance was at 51 percent at the end of the year. 6/6/2022 Page 3 Mayor Elliott asked how much the police budget was under. Ms. Huegel stated the police budget was $170,000 under. Mayor Elliott asked what the $400,000 increase for the Police Department was for. Ms. Huegel stated there was a $400,000 increase in expenditures from the current year in comparison to the previous year. Mayor Elliott asked if the increases were budgeted for or due to the uprising. Ms. Huegel stated the increase was in the Police Department and the Fire Department. Interim Finance Director Splinter stated the increase in expenditure was related to the civil unrest and was not budgeted for. Mayor Elliott asked how the budget could be $170,000 under with a $400,000 increase in expenditures. Commissioner Kragness stated the numbers are referring to two different things. The expenses increased due to the civil unrest, but the budget was under because of open positions in the Departments. Ms. Huegel noted the $170,000 was for all public safety efforts, but a majority of it was in the Police Department. Mayor Elliott stated he would like to see the number parsed out more. Dr. Edwards stated the measures in response to civil unrest might not necessarily be coded under the Police Department. It was applied toward “other” expenditures. Mayor Elliott asked if the $145,000 was due to increased operations at the water plant. Ms. Huegel stated the $135,000 increase in water fund operations was due to personal services and personnel. Mayor Elliott asked if they hired more people to take care of the water plant. Mr. Splinter stated it could have been a variety of things such as increased benefits or raises. Mayor Elliott asked if the $550,000 was the operating income for the water fund. Ms. Huegel confirmed the water fund had an operating fund of $550,000. Mayor Elliott asked how that number balances in comparison to expenditures. Ms. Huegel stated the $550,000 is basically profit. Mayor Elliott stated there was an increase for the water bill. He asked if the $550,000 operating fund was typical or unusual. Mr. Splinter stated the operating was up. Mr. Jim Eichten stated the increase could be due to a number of causes such as consumption or the weather. Councilmember Lawrence-Anderson asked how much the City spent in 2021 on private security in comparison to the public safety officers or where the information could be found. Dr. Edwards stated they didn’t necessarily have private security, but they had organizations the City contracted with to provide services. Staff could find the specific information and provide it to the Council. He noted any contracted services were presented to the Council previously. Councilmember Lawrence-Anderson stated she would like to know the expected budget for those services for 2023. Dr. Edwards stated 2023 is a different landscape, and they won’t expect to spend money on additional services for the upcoming year, barring any civil unrest. Mayor Elliott asked what happens to the unused Police Department funds for the unfilled positions. 6/6/2022 Page 4 In 2021, it was probably allocated to the uprising, but they don’t have those funds in 2022. Dr. Edwards stated any department with a lull in Staff uses additional funds to balance out the overall budget. Mayor Elliott asked if they track the reduction in department’s use of budgeted funds. (50:55) Mr. Splinter stated those numbers are tracked in much more detail than what was presented. The additional funds are coming from the tax levy. Mayor Elliott asked if they know where the funds will be used. Mr. Splinter stated the additional funds are not budgeted for and depend on the circumstances. Councilmember Lawrence-Anderson stated if a department is budgeted for a certain amount, there may be a placeholder implemented to use the funds. At the end of the year, they can’t be in the red and may place hold any unanticipated expenses. Mayor Elliott asked when they move the funds to be used in other departments without a budget amendment. Dr. Edwards noted they may hold off on certain expenditures in response to unprecedented events with the hope of balancing the budget by the end of the year. Mayor Elliott asked if there is a process for the flow of funds and if there is a budget amendment required for the flow of funds. Dr. Edwards stated the funds have the latitude flow as needed. Councilmember Graves stated she is hearing two questions from Mayor Elliott. First, he is asking what the process is to determine use of leftover funds at the end of the year and if there is a way of tracking the allocation. Second, he is asking how the funds would be shifted to another department and if that would require a budget amendment. Mayor Elliott stated they would cover the topic more thoroughly at a future meeting. Dr. Edwards noted the Staff did a remarkable job to end the year with no issues, especially in the light of civil unrest and continued issues related to COVID-19. 5. STAFF OVERVIEW OF COMPREHENSIVE ANNUAL FINANCIAL REPORT Mr. Splinter stated there was a negative operating budget results of $649,092. There was a net decrease in fund balance of $1,045,729 as City budgeted for the use of $396,637. The general fund unassigned fund balance represents 51 percent of next year’s budgeted expenditures. Relief funds were used to balance the budget. Any fund balance about 52 percent for capital projects would be transferred based on policy. Mr. Splinter explained for general fund revenues, they were under budget by $276,236. They had to forgo some police contracts. There was a reduction in building in 2021, which impacted licenses and permits. There was a decrease in property taxes due to reduction in excess Tax Increment Funding. Investment earnings came in under budget due to net of fair value adjustment. Lodging taxes exceeded the budget because the industry came back faster than anticipated, and there was an excess in intergovernmental moneys and grants due to American Rescue Plan Act (ARPA) dollars. 6/6/2022 Page 5 Mr. Splinter stated general fund expenditures were over by about $700,000. There was an increased cost in non-departmental funding, largely due to civil unrest costs, and communications and engagement. Police protection was short of their budget. The convention bureau budget was over, as was the public works budget. Mr. Splinter noted municipal liquor had an operating loss of $329,877 which was offset by insurance proceeds in nonoperating revenues of $349,276, compared to operating loss of $89,083 in 2020. Both stores were closed for a period of time following civil unrest. As for Earle Brown Heritage Center, there was an operating loss of $1,273,967 compared to an operating loss of $1,721,203 in 2020. A $300,000 DEED grant was received to support operations. There were continued reduced activity due to COVID-19 restrictions. Mr. Splinter stated the water fund received $1.9 million in bond proceeds to pay its portion of neighborhood improvement project costs. Sanitary sewer received $1.4 million in bond proceeds as a result of planned project costs. Storm drainage received $2.2 million in bond proceeds to pay its portion of Brooklyn Boulevard Phase Two costs. Mr. Splinter stated completed work on Interstate Area Improvements was $1.3 million, continued work on Brooklyn Boulevard improvements was $1.4 million, Grandview South Area Improvements was $8.2 million, mill and overlay projects ‐ $780,000, the Ryan Lake Area cost $1.2 million, adding playground equipment was$287,919. Mr. Splinter added Central Garage added or replaced 17 pieces of equipment totaling $2,723,988, primarily public works, fire, and police vehicles. The City retired $7,192,000 of principal on previously issued bonds and issued $8,010,000 in new debt for infrastructure projects. Mr. Splinter noted there was a net investment loss of $150,980, compared to an investment gain of $1,452,728 in 2020. Net investment loss includes investment income of $544,056, unrealized loss on investments of $695,035 unrealized paper loss due to increasing interest rates. Investments are anticipated to be held to maturity. The City/EDA owned $18.0 million in assets held for resale at year‐end. 6. COUNCIL / COMMISSION QUESTIONS Mayor Elliott asked what the current trend line is for 2022, particularly in terms of losses. Mr. Splinter stated the licenses for the Opportunity Site is projected to be about $450,000, which is a large portion of projections for 2022. They reduced a lot of contract items for 2022 as they saw they wouldn’t be able to do security contracts, so that should be more in line with estimates. The excess TIF receipt was eliminated and will allow for a more accurately estimated property tax revenue. Mayor Elliott asked how much more they budgeted for licenses and permits. Mr. Splinter stated he does not know off the top of his head. Commissioner Van Der Werf asked if the expenses over budget goes directly to the general fund. Mr. Splinter confirmed he was correct. He stated the CARES funding offset some fund balance 6/6/2022 Page 6 in 2020. They are still in line with previous fund balances. They used some of the money to spend down and decrease the levy. Councilmember Ryan stated both the CARES and ARPA have restrictions on use of the funds. However, at least one of the funds was eligible to use on public safety. They are general fund moneys and goes into the general fund pot and takes the heat off of them for the hit to licenses and whatnot. Councilmember Graves asked what the main takeaways for the past couple of years in terms of budget. Mr. Splinter stated the goal of the CARES Act was to get money to the cities as quickly as possible to be spent as quickly as possible. Therefore, there was a lot of leeway. The ARPA dollars are much more specific for rules with more time to decide how to spend it. The plan is due in 2024 for implementation in 2026. The CARES was more of a quick injection. Councilmember Graves asked if there is anything the City should be doing differently moving forward. Mr. Splinter stated the City has taken a good approach by being thoughtful with the ARPA dollars. Staff has been working closely with their financial advisors. Councilmember Graves stated they have an emergency response plan for operational issues. She asked if it would be helpful to have a financial emergency response plan. Mr. Splinter stated Brooklyn Center has healthy reserves in various funds, and the City would be good in the short term. Of course, the money is not liquid as much is being held in investments. They would have some losses if they had to sell quickly. It is important to consider such an event, similar to what St. Louis Park is experiencing with water lines breaking. Councilmember Ryan noted his appreciation of Councilmember Graves’ comments and concerns. As they go into the budget process, they will need to consider the commitments they have made, such as those related to the receipt of external funding. They need plans in place to replace grant funding down the line. Councilmember Ryan asked if the City would lose money due to interest rates on bond deals but would gain it back in terms of lower borrowing costs. The interest rates movement tend to be a wash for the City. Mr. Splinter stated the interest rates look good for the City currently, but they will be reassessing in the budget process. Councilmember Lawrence-Anderson agreed sustainability is a key consideration. She asked if the fund balance is adequate, what number the Finance Director would like to see, and what are the scenarios where the City would have to tap into the reserve. Mr. Splinter stated the reserve fund is plenty accurate. The State recommends a balance between 38 and 50 percent. The goal is to shoot for 50 percent because the City wouldn’t receive an addition to the funds until June. The general fund has heavily been tax levy funded. Now that they have brought in more grants and funding sources, they need to consider if the reserve fund should be 52 percent of the following year’s levy or of the total expenditures. Dr. Edwards noted there is a tipping point where the State views the reserve fund as a negative 6/6/2022 Page 7 because they are taxing people on what they might spend rather than what they would spend. They don’t want to sit on it. Many cities have a large fund balance to save for fund expenditures down the road. Mayor Elliott stated there is a community that saves the money up front so they aren’t paying interest on the projects. Councilmember Ryan stated Crystal tries to operate on a cash basis, but it has created some issues for them because they don’t have cash resources. It is not very smart. They keep going to the Legislature to try to put levies on the ballot but Brooklyn Center’s Charter wouldn’t allow for that. Mayor Elliott stated the interest is sometimes double what is actually paid toward the investment. Councilmember Ryan stated the interest allows you to spend money elsewhere because less money is tied up in the investment. Dr. Edwards stated they need to fix things when needed rather than saving up to fully pay for a fix. It may save money on interest to do so, but it is not always safe or feasible. Mayor Elliott added he has concerns about bringing in grant funds and being able to sustain the programming after the grant ends, especially when it comes to public safety. Launching some initiatives sooner than later would also allow the City to save more money in the long run. Councilmember Ryan noted a significant number of mature trees were torn down during the tornado in 2004. The City ground up the fallen trees, and they were able to afford it due to a contingency. They were able to do that because they spent and borrowed and had money set aside for such an emergency. 7. PRESENTATION ON LIQUOR STORE NO. 2 PROJECT Mr. Splinter stated Municipal Liquor allows the City to limit the number of liquor stores within the City and dictate their location. The profits from the Liquor store provide property tax relief through reduced capital project bonding. Mr. Splinter stated the design phase will take approximately four months. It must be underway by September 1, 2022 to capitalize on the 2023 construction season. The bid would be awarded in January or February of 2023, and the project should be completed by January or February 2024. The current lease expires December 31, 2023. Tom Agnes, Liquor Operation Manager, stated in 2018, Shenehon conducted a consulting analysis. They identified three trade sectors for our liquor stores: the southern sector contains Store Number 1 with per capita liquor spending $400‐$500, northwest sector contains Store Number 2 with per capita liquor spending $200‐$300, and northeast sector future store with per capita spending $750‐ $1000. 6/6/2022 Page 8 Mr. Agnes explained the main concern for new store was visibility as the current location is setback from Brooklyn Boulevard and somewhat hidden due to the location of Culvers, Speedway, and surrounding businesses. There were also security concerns due to lighting issues. Mr. Agnes explained they reviewed sites on Brooklyn Boulevard owned by the Economic Development Authority (EDA) for any opportunities to utilize existing City assets. The site at 70th Avenue North and Brooklyn Boulevard is ideal for visibility and access. To maximize the EDA investment, they could leverage liquor store construction to meet other EDA goals of creating more commercial space for local businesses and wealth-building. LaToya Turk, Office of Community Prevention, Health, noted St. Alphonsus Catholic school, church, and community playground are approximately 588 feet from Liquor Store Number 2. A parking lot and a residential street separate the building structures. About two-thirds of residents in the immediate area of Liquor Store Number Two are non‐white community members, per the 2010 Census tract. Ms. Turk pointed out within the past one year 118 incidents that required police assistance occurred in the immediate area of Liquor Store Number 2. There were 24 police responses to Liquor Store #2 in comparison to surrounding residences and establishments. Prior installed standard lighting requirements most likely do not meet current community standard recommendations proposed by Crime Prevention Through Environmental Design, Lighting for Safety (CPTED). Also, outdoor garage removal and poor sewage drainage pose a health risk for Staff and community. Community Development Director Meg Beekman stated the three parcels up for consideration which will become mixed-use. The goal with the 2040 Comprehensive Plan is to create neighborhood nodes. The Zoning Code allows for mixed-use, but it doesn’t require it. The site is 1.6 acres and would be a small housing site. There has been interest from the neighboring church in the past. Ms. Beekman stated there are no other EDA-owned parcels in the market share area. There are also not any commercial properties for sale in the area. The property was assembled for a number of reasons. The City has had a long history of obtaining single-family homes on Brooklyn Boulevard. Also, there is a goal for high intensity land uses which requires larger sections of lands. Ms. Beekman added a recent market study conducted for the Brooklyn Boulevard study found that office condominiums would be a desired and feasible product type along the corridor. The EDA has a strategic priority around Business Economic Stability which includes providing stable bricks and mortar opportunities for local businesses and wealth-building. The site offers an opportunity to develop six to eight office condo units that can be sold by the EDA with a scoring system that favors local entrepreneurs. Due diligence is underway to determine the financial feasibility of the office condo concept. The goal of the initiative would be for the EDA to recoup any development expenses through the sale of the units. Mr. Splinter concluded City Staff is seeking approval to proceed with seeking proposals for architectural and engineering services related to construction of new Liquor Store Number 2 and additional office condominium space at the corner of Brooklyn Boulevard and 70th Avenue North. 6/6/2022 Page 9 Mayor Elliott asked what the church thinks about the project. Ms. Turk confirmed she spoke to church administrators. They were concerned about the liquor store being expanded but not to the addition of the condos. Ms. Beekman added she has been in contact with church administrators regarding easements. The church is open to selling the City the land they would need to access the site. Mayor Elliott shared he received a call on behalf of the church with concerns about the proposal. Councilmember Ryan asked if the easement refers to the parcel on the east side. Ms. Beekman stated there is an existing easement from a single-family home that is available to the EDA for drainage and utility. The easement is old and would need to be updated for proper access. The project wouldn’t be able to go forward without the church’s support because of the need for the easement. Councilmember Graves noted the report from 2018. The northeast quadrant has the opportunity to make more money. She asked if there are any properties available in that quadrant. Ms. Beekman stated the EDA owns a parcel in the northeast quadrant near Top Golf and Super America. It is valued at about $650,000 and is a similar size to the area in question. Ms. Beekman stated it is a viable option in terms of land use. However, there has been hesitation because it is unclear what will happen on 66th and Hwy 252. Therefore, it may be unwise to invest in that area until the roadway changes are clear. Councilmember Graves stated she likes the northeast area better, but the consideration of the future road changes is understandable. Councilmember Graves stated a reason for building a new store is because it would be more affordable in the long-run than leasing. She asked what the cost or benefit would be for having no liquor store for one year. Mr. Agnes stated Liquor Store Number 2 primarily competes with Brooklyn Park, which has several options. Most of the business would be lost to Brooklyn Park rather than be rerouted to Liquor Store Number 1. Closing it down hasn’t been considered yet because of the EDA-owned land opportunity. Councilmember Ryan stated they are considering putting off a decent location while hoping for a perfect one. It would be the wisest to continue gaining revenue from a new store and create a new business location. Brooklyn Boulevard would be a very successful location. Mayor Elliott noted there is a large difference in potential profit between the sectors. He asked what the projected income would be for the next five years if they were to close the store for one year. The long-term benefit of building in the northeast quadrant would likely far outweigh the short-term benefit of building at the proposed site. Ms. Beekman stated the market study didn’t suggest moving the liquor store. Instead, it suggested opening a third store in the northeast quadrant. She asked if Mayor Elliott is suggesting they 6/6/2022 Page 10 abandon Liquor Store Number 2 entirely and seek out a potential liquor store in the northeast quadrant. Mayor Elliott stated there is a lot of potential revenue in the northeast quadrant, and they should focus on revenue. If the church isn’t on board, they wouldn’t be able to move forward with the site. He suggested they work with the church to gauge their willingness prior to making a decision. Ms. Beekman agreed that would be wise. However, there are pursuit costs to continue going down the road. For example, starting the design process would require monetary commitment as would an appraisal. She asked if Council supports continued efforts towards the proposed site. Commissioner Kragness asked if the church only had concerns with the liquor store being expanded. Ms. Turk explained the church didn’t originally understand the larger build included the condos, so they thought the liquor store was getting much larger. Mr. Agnes pointed out the consultants recommended right-sizing the store. Liquor Store Number 1 is the primary store while the additional store is meant to be smaller. The current space is too large for its purpose. Councilmember Lawrence-Anderson stated she has also had conversations regarding the proximity to the church. There is already a liquor store next to the church, so they are not adding a liquor store out of the blue. She asked what the difference in distance to the church is between the two sites. Ms. Beekman stated the proposed location is about 200 feet further than the current Liquor Store. Councilmember Lawrence-Anderson stated she would like to utilize EDA-owned land and add lighting, cameras, and fencing. She asked what the proposed site is next to. Ms. Beekman noted the adjacent land was called “excess land” by the church. Councilmember Lawrence-Anderson asked if they could have some kind of a boundary line such as a fence at the edge of the property. Fencing, camera, lighting, and security is very important. She added she isn’t concerned about the proximity to the church because it is already near the church. Councilmember Lawrence-Anderson pointed out the EDA owns land near 66th and Brooklyn Boulevard across from the Fire Station. Ms. Beekman stated the EDA sold the site to the City to be used for stormwater for the Brooklyn Boulevard project. It will likely be a pocket park. The EDA owns a piece on the south side, but it is too small for a liquor store. Mayor Elliott asks what kind of investments would be made if the Council were to direct Staff to move forward with the project. Ms. Beekman stated the next steps would be hiring an architecture firm to design something. The design package would cost $100,000 to $150,000 which would later be used to be put out for bid. Also, Staff would work on land use approvals that would be brought to the Planning Commission and the Council. Additionally, an engineer would need to deal with stormwater. All in all, it would cost $130,000 to $200,000. 6/6/2022 Page 11 Mayor Elliott stated the City would be wasting money if they moved forward without the support of the church. Ms. Beekman stated they would confirm everything with church administration before spending more money on the project. As it stands, she has not heard anything but support for the project. Mayor Elliott stated it would make the most sense to get assurances from the church before voting to move forward. Dr. Edwards stated Staff wouldn’t proceed without an agreement with the church. No money would be spent before that is complete. Mayor Elliott stated Staff should have confirmed with the church before bringing the proposal to the Council. He asked if an agreement with the church could be made in the next week. From there, they could consider approving the liquor store project. Councilmember Graves agreed the church should be on board before spending money, which Staff has confirmed. She noted she doesn’t know who has been opposing the project, and there may be some disconnect within the actual church. Councilmember Graves asked if the building would be two stories. Ms. Beekman stated it is currently one story, and they haven’t considered two stories. Councilmember Lawrence-Anderson stated Staff can’t go to the church to make sure they are on board without showing the City is on board. Someone has to take the initiative and take the first step. Staff needs to know if there is enough agreement from the Council before getting a final agreement from the church. Commissioner Kragness stated the Mayor is saying Staff should get all of the church decision makers together in a room and get everyone on the same page. Right now, different people are hearing different things, so it is difficult to have a consensus. Councilmember Ryan stated the church is in the position to decide their approval. The Council needs to give the go-ahead and show they are committed to the project. The Liquor Store has been in the church’s backyard for quite some time. The new building wouldn’t be very different than the current one. He added he would be surprised if the church declined the easement. Also, the Council needs to let Staff do their job instead of receiving input from various people. Councilmember Graves pointed out some people representing the church may not be aware of the potential project as that is not their purview. Mayor Elliott stated when people call, he talks to them. Also, just because the Liquor Store is currently close to the church, it doesn’t mean it needs to stay close to the church. There is opportunity for another decision to be made. If the Council is going to approve the project, it presents an opportunity for a conversation with the church. It would be fiscally responsible to make an agreement with the church before taking any further steps. Councilmember Lawrence-Anderson stated Staff would get an agreement from the church before spending any money. Staff needs to know if the Council supports the location if the church is on board. 6/6/2022 Page 12 Mayor Elliott asked if they are authorizing Staff to spend money with the vote. Councilmember Lawrence-Anderson stated Staff needs approval to move forward before they can go to the church for an official agreement. Mayor Elliott asked if the spending would be held off until the church agrees to the easement. Dr. Edwards stated Staff needs consensus from the Council to move forward with speaking to the church for a final agreement. If they agree to grant an easement, then they would take next steps to move the project forward, including spending money. It was the consensus of the Council to proceed with confirming an easement agreement with the church and then seeking proposals for architectural and engineering services related to construction of new Liquor Store Number 2 and additional office condominium space at the corner of Brooklyn Boulevard and 70th Ave North. 8. ADJOURN There was a motion by Mayor Elliott and seconded by Councilmember Ryan to adjourn the meeting. Motion passed unanimously. The Brooklyn Center City Council/Financial Commission adjourned at 8:56 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 the City Council/Financial Commission Joint Work Session of the City of Brooklyn Center held on June 6, 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 September 12, 2022, Regular Session. City Clerk Mayor 8/15/2022 Page 1 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA JOINT WORK SESSION AUGUST 15, 2022 VIA ZOOM 1. CALL TO ORDER The Brooklyn Center City Council/Financial Commission Joint Work Session was called to order by Mayor Elliott at 6:09 p.m. 2. OVERVIEW/INTRODUCTIONS Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were Financial Commissioner Chair Teneshia Kragness and Commissioners, Taofeek Ishola, and Emmanuel Kpaleh. Also present were City Manager Reggie Edwards, City Clerk/Interim Assistant City Manager Barb Suciu, Director of Finance and Fiscal Services Angela Holm, Community Development Director Meg McMahan, City Engineer Mike Albers, and Director of Public Works Elizabeth Heyman. 3. 2023 GENERAL FUND DEPARTMENT BUDGET REQUESTS 3a. PUBLIC WORKS City Manager Reggie Edwards introduced the item and invited Director of Finance and Fiscal Services Angela Holm to continue the Staff presentation. Ms. Holm stated there will be three preliminary departmental requests along with updates on the general fund. She invited Ms. Heyman to continue the Staff presentation. Director of Public Works Elizabeth Heyman explained Public Works is responsible for the maintenance and operations of the City’s infrastructure and facilities in a quality, cost-effective manner. There are six functional divisions including administration/engineering, street maintenance, park maintenance and forestry, public utilities, central garage, and facilities maintenance. Ms. Heyman added there are 34 funded Staff members with Public Works. Ms. Heyman explained administration/engineering includes Public Works administration and Budgeting, infrastructure improvement, planning and projects, traffic engineering, mapping/GIS, site plan and subdivision plat reviews, and water resources. Street maintenance and traffic control 8/15/2022 Page 2 include street, sidewalk, and trail maintenance, repair and patching, street sweeping, snow and ice control operations, boulevard tree trimming, streetscape maintenance, and traffic control maintenance. Ms. Heyman stated park facilities and forestry includes maintenance of turf, park buildings, City facilities, picnic shelters, playgrounds, and athletic fields, overseeing winter operations such as ice rinks and snow plowing within park areas, and reforestation and diseased tree inspection. Facilities maintenance maintains all City-owned facilities such as the Community Center, Public Works, Fire Stations, and the Police Department. Ms. Heyman stated there is a planned Park Capital Planning Study in 2023 with a projected cost of $300,000. 2023 also has a project Capital Maintenance building Plan Evaluation Study for about $150,000. There is a ten-year plan for hazardous tree management and reforestation, which would cost around $150,000 per year. Ms. Heyman pointed out there are certain performance objectives with target values, and almost all of the objectives were met last year. There was an issue with one snow plot event near the holidays that increased the response time. Mayor Elliott noted the City is exceeding standards for pothole improvements. Ms. Heyman confirmed the City responds to pothole improvements quickly. Sidewalks, trails, and roads are cleared within 10 hours on average. Councilmember Lawrence-Anderson noted people are very happy with how quickly streets are plowed. Mayor Elliott added he has gotten calls from other cities pointing out how quickly Brooklyn Center clears the streets. Ms. Heyman stated the percent change between 2022 and 2023 is due to inflation for materials and fuel costs. In 2022, road salt was purchased at $72.80 per ton. The City is proposing the purchase of the additional salt because they almost ran out in 2022. The additional salt on top of the inflation would cost $135,392, which is about $40,000 more than the previous year. She added the cost for a replacement snowplow truck in 2018 was $132,000. However, inflation in future years was not accounted for. In 2030, the same truck would cost $211,000. Every year they need to go back and adjust for inflation. Ms. Heyman pointed out there is an additional Maintenance Worker II and Technical Position for 2023. Brooklyn Center is running pretty light in comparison to past staffing numbers. In 1980, there was 22 Staff. As it stands, there is only 16 Staff. After moving some things around, the financial impact for the additional Maintenance Worker II would cost the City $50,000. The additional Technical Position would require an additional $40,000. The purpose of the technical role is to take on new initiatives and policy analysis and address strategic priorities set by the Council. Commissioner Kragness asked where the additional money was pulled from for the additional 8/15/2022 Page 3 maintenance worker. Ms. Heyman stated there was some money from the previous funds that had not been spent down and it made sense to move it to assist in affording an additional employee. Dr. Edwards pointed out they were trying to create a more livable wage for the employees. The staff has even done orientation and training for an individual who is Spanish-speaking. Staff is trying to plan with the human condition in mind. The upcoming year will focus on health and the impact of services on residents. The goal is to create a unique plan specific to the needs of Brooklyn Center, and it will be unlike any other policy. Councilmember Lawrence-Anderson asked how they are seeking feedback from the public. Newsletters and surveys are important. The City doesn’t have a social media presence, and only some portions of the City services are engaging with the public. There is much to learn in the coming budget cycle, and Staff should reach out to residents in a way they want to be engaged. Councilmember Graves stated having entry-level programs in Public Works would be beneficial for the community. Minneapolis has a similar program. She asked if Brooklyn Center could budget for something similar in the future. Ms. Heyman stated she has been in contact with BrookLynk regarding the program. It was funded through the American Rescue Plan Act. Brooklyn Center hires far fewer folks than Minneapolis but partnering with BrookLynk increases opportunities. As it stands, the City has a very high Staff retention rate. Dr. Edwards noted Staff is doing some work in the area with American Rescue Plan Act funds. They are trying to create pipeline opportunities. There are some issues they have worked through with unions as there are union contract implications. Mayor Elliott noted he would be leaving the meeting at 7:30 p.m. 3b. COMMUNITY DEVELOPMENT Community Development Director Meg McMahan stated the mission of the Community Development Department is to preserve and enhance the quality of life for the residents and businesses of Brooklyn Center by guiding the development of the City with effective measures of planning, design review, construction plan approval, code compliance, housing, and business assistance. She showed a slide of the organizational structure of the Community Development Department. Ms. McMahan explained that Building and Community Standards cover the Building Construction Regulatory Program, Rental Licensing Program, Property Maintenance, and Code Enforcement, Vacant Building Program, and HRA/Housing Programs. Business and Development include Planning and Zoning Services, Long Range Strategic Planning, EDA/Economic Development Programs, Business Retention, and Expansion programs, and Workforce Development. Ms. McMahan noted permitting has been significantly lower, but they expect an increase in permits in 2023. Permitting peaked in 2019. Upcoming construction includes The Crest 2, Value 8/15/2022 Page 4 Foods, Burlington Coat Factory, Phu Bia Produce, Starbucks remodel, Palm Grove, and C-Alan Homes. Endurable Solutions is under review. New businesses in the City include Pops Car Wash, All Furniture, Fraiser School for the Autistic, Marco, Dean’s Home Service, and BP Gas Station. Ms. McMahan pointed out there is a Performance‐based Rental Licensing Program which includes, process, tracking, and performing rental inspections, a bi‐monthly newsletter to Rental Property owners, a City‐wide resource packet to all renters, investigation, and resolution of property complaints, investigation of unlicensed rental properties, accepting, processing, and issuing rental licenses, ensuring compliance with all regulations, conducting CPTED inspections, negotiating mitigation plans for Type III and Type IV licenses, resumed inspection of 100% of units, and increased group home and related enforcement. Mayor Elliott asked which units are inspected. Ms. McMahan stated it depends on the rental license type. Four types in Brooklyn Center dictate how long the license lasts without inspection. More problematic properties get more frequent inspections. Councilmember Ryan noted there were issues with inspections due to COVID-19 and Staffing levels. He asked how Staff is doing on inspections. Ms. McMahan confirmed Staff is caught-up with inspections. Councilmember Ryan explained he has received a lot of complaints regarding group homes. He asked if the only authority the City has is through zoning. Ms. McMahan explained group homes are a protected class under State statute, so the City cannot regulate them any differently. She added there is a lack of communication from the State, so the City is doing its best with what it can do. There isn’t a lot of oversight from the State to ensure the group homes are staffed and maintained properly. This has created an increased number of group homes in areas with more affordable housing. Brooklyn Center has the highest rate of group homes per capita than any other city in the State because the housing is affordable. Councilmember Ryan requested a work session on group homes. In one neighborhood, there are three group homes on one block. Mayor Elliott asked what the issue is with group homes. Ms. McMahan stated group homes are classified as assisted living. Group homes are essentially commercial businesses in residential property. Staff may find illegal bedrooms or management issues in the facility. Both of which create an unsafe environment for vulnerable folks. Medical facilities such as sober housing have another set of rules outside of the State. Ms. McMahan stated there are 11,903 housing units in the City, and about 38 percent of those are rental units. In comparison to neighboring cities, Brooklyn Center has a low number of single- family rentals. There are 737 rental licenses. A majority of the rental licenses are two- and three- year licenses. Ms. McMahan noted Property Maintenance and Code Enforcement includes a complaint-based program, proactive code enforcement, code enforcement engagement, and administration of citations and abatements. In 2021, there were 1,734 code enforcement cases. So far in 2022, there 8/15/2022 Page 5 have been 1901 code enforcement cases. On average, there are about 11 hoarding or unsafe living conditions per year in the City. There has been an increase in illegal dumping as well. Ms. McMahan stated the Vacant Building Program registers vacant buildings, and there is a rigorous inspection process required before the buildings can be inhabited. There are currently 37 active vacant properties with 12 vacant building registrations and renewals in 2021. There are a lot of concerns about the Sears property and people trespassing there. The Fire Department is particularly worried about the break-ins. Earle Brown Bowl, Brown College, and Target are also vacant buildings. Mayor Elliott asked what the breakdown is of housing stock in Brooklyn Center. Ms. McMahan stated she could provide a detailed breakdown to the Council. Mayor Elliott left the meeting. Ms. McMahan stated there have been several planning cases in 2021. The most notable one has been the Opportunity Site. There is an ongoing Zoning Code update that will be complete soon. There has been a lot of work done on the Housing Study and the adoption of the Tenant Protection Ordinance. Councilmember Ryan asked if there are any metrics regarding the Tenant Protection Ordinance. Ms. McMahan stated the most helpful data point will be tracking non-renewals. That hasn’t been tracked in the past, but the new data point will be very revealing. Councilmember Ryan stated he would like to see protections for all entities. Councilmember Lawrence-Anderson asked if there is an estimated comparison for previous years for non-renewals. Ms. McMahan agreed it would be helpful to collect some information from landlords on the topic. Councilmember Lawrence-Anderson stated any comparison data would be valuable. It is important to collect the data in the long-term, but it is useless without comparison for the first round of collection. Councilmember Graves pointed out they would have to adjust for the period when evictions were under a moratorium. The point of the Tenant Protection Ordinance is to decrease evictions. They could look at eviction numbers from before the pandemic. There might be an increase in evictions after COVID-19 due to the long-term moratorium and financial struggles faced by people. If the change isn’t significant, then the Ordinance should be reconsidered. Ms. McMahan noted a strategic priority set by the Council has targeted redevelopment. The Economic Development Department is overseeing the Opportunity Site and its ongoing planning and implementation. The Sears site is also underway. The EDA also acquired three properties over the past year for potential redevelopment. Ms. McMahan added another strategic priority is business economic stability. Staff established and funded a low-interest loan program, a façade improvement program, and a Hennepin BDI grant, and has continued to provide technical support and resources. Most notably, there is a micro revolving loan fund with LIBA where up to 40 businesses have been served. 8/15/2022 Page 6 Ms. McMahan pointed out another strategic priority is resident economic stability. The Economic Development Department supports BrookLynk, has expanded workforce development programs and pathways, coordinated with local human resources to advance local hiring, implemented a local procurement policy for City expenditures and projects receiving a public subsidy, conducted a housing study, increased food security adopted a tenant protection ordinance, connected residents with housing assistance supported the down payment assistance program for first-time homebuyers and managed a housing rehabilitation program. The goal is to stabilize housing and income. Ms. McMahan stated the Department will continue working on the Opportunity Site redevelopment and strategic acquisition and redevelopment of EDA-owned land. The Department will continue to focus on resident economic stability by promoting job pathways, workforce development, job retention and expansion, and housing stability. Ms. McMahan explained the Staff plan to promote homeownership, create a housing coordinator position to design and implement housing policies and programs, implement a NOAH Preservation Program, create a Housing Trust Fund, explore amendments to expand tenant protections, and partner with outside agencies to provide housing assistance to residents. Ms. McMahan noted the Economic Development Department will promote business economic stability by continuing to offer technical assistance and resources, access to capital, and affordable bricks-and-mortar space. More information on those efforts will be provided during the EDA budget presentation at a later date. Ms. McMahan added the Department also seeks to enhance community image and promote a safe, secure, and stable community. There is an ongoing Zoning Code Update, code enforcement is focused to develop relationships with property owners and managers, and Staff is exploring programs to incentivize businesses to invest in beautification. Ms. McMahan stated the requested Staffing changes for 2023 are the addition of a Housing Coordinator position and moving an Associate Planner to half EDA and half General Fund to be fully focused on the General Fund. Tax Increment Financing (TIF) Number 3 has been a workhorse for the City and helped fund a lot of redevelopment. The EDA would usually do more of that funding, but EDA has been funding more Staffing. The goal is to move the Staffing away from the EDA because TIF 3 has been decertified. Councilmember Lawrence-Anderson asked what the current hourly wage is for an entry-level employee. Dr. Edwards stated the lowest rate paid by Brooklyn Center is $16.16 hourly. Councilmember Lawrence-Anderson asked if there is a standard Cost of Living Adjustment (COLA) for all positions each year. Dr. Edwards stated there are union negotiations, but all non- unionized employees are budgeted for a three percent COLA increase for 2023. Councilmember Lawrence-Anderson asked how similar cities compare. Dr. Edwards stated similar cities are also looking at a three percent COLA increase. Councilmember Lawrence- Anderson asked how Brooklyn Center compares to other cities in terms of livable wages. 8/15/2022 Page 7 Dr. Edwards stated Brooklyn Center was one of the first to work towards a living wage, but they are now the middle to bottom of the pack in comparison to other cities because it has been a while since a market study has been done. As it stands, Brooklyn Center is not competitive as it needs to be. Councilmember Graves asked if there could be a discussion about Airbnbs at a future Work Session. Ms. McMahan stated Staff has been looking at ordinances in other cities regarding Airbnbs, and it will be brought back to the Council once the report is complete. Councilmember Graves asked if there is an attempt to connect families with resources when there are dilapidated residences or other Code Enforcement issues addressed by Staff. That would be particularly important if certain residences are consistently being contacted by Staff. Ms. McMahan stated the dilapidated properties take up a lot of Staff time, and they do tend to connect residents with relevant resources. Oftentimes, there are several entities involved in the process such as Hennepin County Social Services, Hennepin County Community Health, local law enforcement, and more. Councilmember Graves noted she is excited about the Housing Coordinator position and how it will positively impact the community. 3c. FINANCE Director of Finance and Fiscal Services Angela Holm explained the mission of the Finance Division is to provide accurate and timely information to administrative and professional support in financial matters to all Departments and Divisions of the City. Its efforts include accounting, accounts payable, accounts receivable, assessing, banking and investments, budget and financial planning, debt management, financial reporting, utility billing, and safety and risk management through insurance renewals. The liquor stores also operate under the Finance Division umbrella, but reports on its operations will be provided at another time. Ms. Holm stated there are currently 5.5 Staff in the Finance Division. There is one occupancy. In 2023, it is requested for a total of a two percent increase in both finance and assessing. It is slightly higher than the three percent COLA increase, but there was a new Deputy Director brought on that required more funding. There is also a need for supplies throughout the office. Commissioner Kragness pointed out an adding error in the budget chart. Ms. Holm stated she will look into the numbers and address the issue in future documents. Ms. Holm showed a slide with the 2021 performance objectives in comparison to 2019 and 2020. In each of the years listed, Brooklyn Center received a Certificate of Achievement for financial reporting. The availability of monthly financial data to all users was 25 days in 2021, which was an improvement from 2020. However, the target value is 21 days. The date of audit opinion was on time each year, and the City bond credit rating has consistently been AA. Also, the rate of investment return on all cash and investments is getting closer to the target value each year. Staff 8/15/2022 Page 8 is hopeful the City will meet the one percent target value in 2022. Ms. Holm showed a slide with a table depicting the 2023 Non-Departmental Budget. Mayor Pro Tem Butler asked about the reasoning for the $60,000 increase in legal funds. Ms. Holm stated there were contractual increases. For example, more legal counsel will be needed to address the Opportunity Site. Councilmember Ryan noted a previous discussion revealed that a significant portion of the City’s obligation to civil suits would be from the contingency line item. He asked what the budgetary implications would be to handle that payment and replenish the fund. Ms. Holm stated the lawsuit was anticipated to be paid out of the capital contingency fund and to also take municipal State aid to replenish the fund. Councilmember Ryan asked if there is more than one contingency fund. Ms. Holm stated the capital fund is considered similarly but not completely the same. There was a significant balance in the capital fund that served the unprecedented situation. Ms. Holm noted the joint powers payments handle the community relationships held by the City such as BrookLynk, domestic violence resources, mediation services, and the like. Councilmember Graves asked if there is ever a time that the Brooklyn Bridge Alliance would be self-sustaining. Ms. Holm stated both grants and budgetary items fund the Brooklyn Bridge Alliance. Dr. Edwards stated the creation of the Brooklyn Bridge Alliance Board would have to go seek more money from other members of the consortium. Brooklyn Center helped to create the Brooklyn Bridge Alliance, so there is an obligation for funding. Councilmember Graves pointed out Minneapolis has a different system for a similar effort. Dr. Edwards noted the vacancy line item has historically been a generous estimate, and that was refined and decreased by $200,000 to be more conservative. There is a hope to bring people on and promote consistency. 3d. GENERAL FUND REVENUE Ms. Holm showed a slide with estimated 2023 revenues for the General Fund. She explained they don’t know the levy yet as that hasn’t been decided by the Council. In the meantime, they use the previous year’s levy for estimates. Ms. Holm noted an increase in lodging taxes and a decrease in licensing and permits. Those numbers will continue to be monitored. The State money consists of local government aid that aids the Police and Fire Departments among other expenditures. There is an increase in general government revenue and a decrease in public safety. Dr. Edwards pointed out the City is no longer contracting with venues such as Wal-Mart and Top Golf, so there is a decrease in revenue for public safety. 8/15/2022 Page 9 Ms. Holm explained there is a prediction for recreational revenue to decrease due to year-to-date measures currently available. There is then a slight estimated increase in Community Center revenue. In anticipation of rebounding after the pandemic, there will likely be increases in investment earnings and miscellaneous revenues. There is an estimated decrease in special assessments. Ms. Holm stated the overall General Fund revenue will likely see a four percent decrease. It is anticipated that the total change in revenue will become positive once the 2023 levy is set by the Council. Councilmember Lawrence-Anderson stated she would like to see grant income for the City. There are lots of grants received by Brooklyn Center, and she would like to know the total financial impact of those monies. Councilmember Ryan noted his agreement with Councilmember Lawrence-Anderson. He added he would also like to see the terms and conditions of the grants. Councilmember Lawrence-Anderson added she would like a Work Session to cover the topic of grants. Also, the Council should decide on a monetary amount in which the grant would require their involvement to review the parameters of the grant. Councilmember Lawrence-Anderson asked if the revenue from public safety was decreased due to Staffing issues. Dr. Edwards stated the focus of the Police Department was on civil unrest, and there were also Staffing issues. 4. 2023 BUDGET OVERVIEW – FOLLOW-UP 4a. AUGUST 29, 2022 – 2023 GENERAL FUND DEPARTMENT BUDGET REQUESTS 4b. SEPTEMBER 12, 2022 – RECOMMEND PRELIMINARY LEVY AND BUDGET 4c. SEPTEMBER 26, 2022 – ADOPTION OF PRELIMINARY LEVY AND BUDGET 5. FUTURE GENERAL FUND BUDGET DISCUSSIONS Dr. Edwards summarized the upcoming meetings and deadlines related to the budget. He noted there will be input received from some folks regarding the budget on September 10, 2022. Councilmember Lawrence-Anderson asked how the people were selected for the discussions and what the context for the dialogue is. Dr. Edwards stated anyone is welcome to join the conversation, and the meeting will be promoted across the City through various communication avenues. Before the input portion begins, there will be an educational portion to explain the budget. 8/15/2022 Page 10 6. ADJOURN There was a motion by Mayor Pro Tem Butler and seconded by Councilmember Ryan to adjourn the meeting. Motion passed unanimously. The Brooklyn Center City Council/Financial Commission adjourned at 7:57 p.m. 8/11/22 -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 SPECIAL SESSION AUGUST 22, 2022 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Special Session called to order by Mayor Elliott at 5:37 p.m. ROLL CALL Mayor Elliott and Councilmembers Kris Lawrence-Anderson and Dan Ryan. Councilmembers April Graves and Marquita Butler were absent. Also present were City Manager Reggie Edwards and City Clerk and Interim Assistant City Manager Barb Suciu. CANVASS THE RECOUNT FOR CITY COUNCIL CANVASS RESULTS OF THE 2022 PRIMARY ELECTION CITY COUNCIL RECOUNT City Clerk and Interim Assistant City Manager Barb Suciu explained the election was on August 9, 2022, and Hennepin County notified the Staff of the potential for a publicly funded recount for the fourth candidate for City Council. On August 11, 2022, the 2022 Primary Election was canvassed, which triggered the five days that the candidate could request the recount. On Tuesday, August 16, 2022, the City received notification from the candidate asking for the recount. The recount was conducted on August 18, 2022. Ms. Suciu stated the recount results were the same as Election Night where Andrew Johnson received 549 votes, and Joylenna Garcia received 535 votes. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the results for the 2022 Primary Election City Council Recount. Motion passed unanimously. Councilmember Lawrence-Anderson noted she attended the recount and she thanked the election judges and the County for their efforts. The Staff also did a great job and it was handled very professionally. ____ -2- DRAFT Councilmember Ryan thanked the election judges and Staff for their work conducting a fair election. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council Special Session at 5:41 p.m. Motion passed unanimously. 8/22/22 -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 AUGUST 22, 2022 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tem Marquita Butler at 6:06 p.m. ROLL CALL Mayor Mike Elliott (arrived at 6:09 p.m.), Mayor Pro Tem Marquita Butler, and Councilmembers April Graves (arrived at 6:15 p.m.), Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Community Development Director Meg McMahan, and City Clerk Barb Suciu. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan stated he had a correction to the minutes of August 14, 2022, City Council Meeting Minutes, specifically on page 14 and paragraph 3. He stated he provided an edited version of his statements. It was the majority consensus of the City Council to accept the corrections to the August 14, 2022, City Council Regular Session Meeting minutes. Councilmember Lawrence-Anderson added she would like to make a minor edit to July 25, 2022, Work Session on page 3 and paragraph 2. She requested a word change from “not elected” to “a non-elected.” It was the majority consensus of the City Council to accept the corrections to the July 25, 2022, City Council Work Session Meeting minutes. Mayor Mike Elliott arrived at 6:09 p.m. MISCELLANEOUS IMPLEMENTATION COMMITTEE DISCUSSION Mayor Elliott explained there is an upcoming presentation for the Council regarding changes to the Implementation Committee. 8/22/22 -2- DRAFT Councilmember Lawrence-Anderson stated she is anxious to receive the presentation. She asked if the presentation or changes would be available to the Council before the meeting. Mayor Elliott confirmed they could have information in advance of the presentation. Councilmember Ryan added he has several questions and concerns regarding the Implementation Committee. He would like the information in advance of the next meeting as well. Councilmember Lawrence-Anderson asked if Mayor Elliott has discussed the changes with Staff. Mayor Elliott confirmed he has had conversations with Staff. Councilmember Butler asked if items from previous Work Sessions will be brought back to the Council. City Manager Reggie Edwards stated Staff is prepared for a discussion regarding upcoming proposals to address issues from previous Work Sessions. DISCUSSION OF REGULAR SESSION AGENDA ITEMS Councilmember Graves arrived at 6:15 p.m. Councilmember Lawrence-Anderson asked if Regular Session Public Hearing Item 8c., An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Located at 1297 Shingle Creek Crossing (Second Reading/Public Hearing), was referring to the Sears development. Dr. Edwards confirmed that was correct. Councilmember Lawrence-Anderson asked if the item is time-sensitive. She explained she is meeting with a concerned resident the following day regarding the matter. Dr. Edwards stated the item is time-sensitive. Mayor Elliott asked what is time-sensitive about the item. Community Development Director Meg McMahan stated the City has had the Sears site on track for approval for quite some time. From a legal perspective, they could delay the item for two weeks, but they would have to table the public hearing. There are some significant delays on the project and there are already time constraints moving forward. Ms. McMahan added she is aware of the email from the resident mentioned by Councilmember Lawrence-Anderson, and Staff provided a lengthy response for the resident. The concerns can be addressed in the presentation as the concerns seem to be rooted in misunderstanding the project. Mayor Elliott added he received an email from the resident just before the meeting, and the resident had not received a response from Staff. Councilmember Lawrence-Anderson stated she has articulated her position to the resident regarding the traffic. The zoning for the site has been discussed for two years, and she is prepared to move forward on the item. She does not discount constituent feedback, but it is the eleventh hour and there is an obligation to the developer. 8/22/22 -3- DRAFT Councilmember Ryan noted his agreement with Councilmember Lawrence-Anderson and confirmed he would pass along the response to the resident as he is the one who notified the Staff of the concerns. Mayor Elliott noted he was not feeling well, but he will stay in the meeting for as long as he can. ADJOURNMENT Mayor Elliott adjourned the meeting at 6:22 p.m.                 !  " #$" % &'  (&!)  * +#&,  ))-./                  0. 1   )  0-)) .     01  ) 0 .203 4 .0   -  )5-   ! 14 6)))  )) 5 !) )). ))  .     4)  0 0) .0  .   ! 44 10)) 060 )          $78941 :"5   ;"< & - %==<<> %941 "4+-   ?  -  & - %==<<>  "5   5 @ & 4.+5 "5    +%; )$-%==<A            !  "      #   )5( $$%&$"   )5 #) )     <A  &*)     A &*)  Page 2 of 2 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 Lo c a t i o n A d d r e s s L i c e n s e S u b t y p e R e n e w a l / I n i t i a l O w n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e P o l i c e C F S * Fi n a l Li c e n s e Ty p e * * Pr e v i o u s Li c e n s e Ty p e * * * 41 1 0 L a k e b r e e z e A v e N Mu l t i p l e F a m i l y 1 B l d g 3 U n i t s I n i t i a l J a k a i T a y l o r 13 = 4 . 3 p e r un i t T y p e I V T y p e I V N / A 51 3 7 - 3 9 F r a n c e A v e N T w o F a m i l y I n i t i a l Ri c a r d o N o u b l e a u & M y r i a m No u b l e a u 1 = 0 . 5 p e r u n i t Ty p e I T y p e I I N / A 53 2 7 Q u e e n A v e N Tw o F a m i l y 1 u n i t I n i t i a l M y r k a Z a m b r a n o 3 Ty p e I I T y p e I I N / A 30 0 0 Q u a r l e s R d S i n g l e I n i t i a l H E N N E P I N R P F U N D I N G L L C 4 T y p e I I T y p e I I N / A 30 1 3 Q u a r l e s R d S i n g l e I n i t i a l A B U A N A K O 13 Ty p e I V T y p e I V N / A 50 0 6 H o w e L a S i n g l e I n i t i a l A U X F U N D I N G L L C 11 T y p e I V T y p e I V N / A 52 0 6 P a u l D r S i n g l e I n i t i a l S F R A c q u i s i t i o n s 3 , L L C 1 Ty p e I T y p e I I N / A 59 3 6 Z e n i t h A v e N S i n g l e I n i t i a l S B a n k s & D J B a n k s 2 Ty p e I T y p e I I N / A 60 2 9 B r y a n t A v e N S i n g l e I n i t i a l H e r m a n C a p i t a l P R V I I , L L C 2 Ty p e I T y p e I I N / A 61 0 0 B r y a n t A v e N S i n g l e I n i t i a l K u r t & M a r y T e m p l i n 2 T y p e I T y p e I I N / A 62 1 3 L e e A v e N S i n g l e I n i t i a l Em m a n u e l B e n s o n & K a i b e h Be n s o n 9 Ty p e I V T y p e I V N / A 62 1 9 R e g e n t A v e N S i n g l e I n i t i a l G o o d D o m u s S u b I X L L C 2 Ty p e I T y p e I I N / A 34 0 7 6 5 t h A v e N Mu l t i p l e F a m i l y 6 B l d g s 7 2 U n i t s R e n e w a l S o d e r b e r g I n v e s t m e n t s L l c 13 2 = 1 . 8 3 p e r un i t T y p e I I I 0 T y p e I I I T y p e I I 13 0 4 6 8 t h L a N S i n g l e R e n e w a l C r y s t a l A D o p p 0 Ty p e I 0 T y p e I T y p e I 15 1 3 H u m b o l d t P l N S i n g l e R e n e w a l Jo h n s o n O r g a n i z a t i o n I n c Di d n o 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 15 3 1 H u m b o l d t P l N S i n g l e R e n e w a l Jo h n s o n O r g a n i z a t i o n I n c Me t R e q u i r e m e n t s 1 Ty p e I 0 T y p e I T y p e I I I 15 3 7 H u m b o l d t P l N S i n g l e R e n e w a l Jo h n s o n O r g a n i z a t i o n I n c Me t R e q u i r e m e n t s 2 Ty p e I 0 T y p e I T y p e I I I 31 0 0 T h u r b e r R d S i n g l e R e n e w a l Ty l e r M o r g a n H e n d e r s o n Di d n o 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 V T y p e I V 39 0 6 5 2 n d A v e N S i n g l e R e n e w a l R a n d y L H a m m o n d 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 Di d n o t m e e t r e q u i r e m e n t s 8 Ty p e I I I 0 T y p e I V T y p e I V 53 0 7 P e n n A v e N S i n g l e R e n e w a l Ro n n e t R e n a y D o s s m a n Me t R e q u i r e m e n t s 6 T y p e I I I 0 T y p e I I I T y p e I I I 53 1 0 K n o x A v e N S i n g l e R e n e w a l Ce l M o n t o n L l c Me t R e q u i r e m e n t s 7 Ty p e I I I 0 T y p e I I I T y p e I I I 53 3 0 G i r a r d A v e N S i n g l e R e n e w a l C B r i g h t / w a g n e r P r o p R 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 4 Ty p e I I 0 T y p e I I I T y p e I I I 53 3 1 7 0 t h C i r S i n g l e R e n e w a l J a z z P r o p e r t i e s M N , L L C 2 T y p e I 0 T y p e I T y p e I I I 70 1 9 M o r g a n A v e N S i n g l e R e n e w a l C a n d l e w o o d H o m e B u y e r s 3 T y p e I I 0 T y p e I I T y p e I I 70 2 5 L o g a n A v e N S i n g l e R e n e w a l S u m m i t P r o p e r t i e s , L L C 19 T y p e I V 0 T y p e I V T y p e I I I 55 3 2 L o g a n A v e N S i n g l e R e n e w a l I r i n a & I g o r K o v a l s k y 2 Ty p e I 0 T y p e I T y p e I I 53 5 7 7 1 s t C i r S i n g l e R e n e w a l R a n d y & A u g u s t a W h i t e 18 Ty p e I V 0 T y p e I V T y p e I I I 54 0 0 Q u e e n 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 1 Ty p e I 0 T y p e I T y p e I 54 3 2 B r y a n t A v e N S i n g l e R e n e w a l C h r i s t o p h e r M i c h a e l R a i s c h 10 T y p e I V 0 T y p e I V T y p e I 56 0 7 H a l i f a x A v e N S i n g l e R e n e w a l K a n e M B u s s 0 Ty p e I 0 T y p e I T y p e I 56 5 5 N o r t h p o r t D r S i n g l e R e n e w a l R a y m o n d & C i n d y S c h e r b i n g 5 Ty p e I I 0 T y p e I 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 C l e a r I n v e s t m e n t s Cr y s t a l B r u m m e r 5 T y p e I I 0 T y p e I I T y p e I 61 0 6 A l d r i c h A v e N S i n g l e R e n e w a l Ho m e S f r B o r r o w e r L l c Di d n o t m e e t r e q u i r e m e n t s 4 Ty p e I I 0 T y p e I V T y p e I V 61 3 0 S c o t t A v e N S i n g l e R e n e w a l 2 0 1 7 1 I h B o r r o w e r L P 14 Ty p e I V 0 T y p e I V T y p e I V 63 2 4 S c o t t A v e N S i n g l e R e n e w a l Sa y n d e e S a n d o Di d n o t m e e t r e q u i r e m e n t s 24 T y p e I V 0 T y p e I V T y p e I V 65 0 1 B e a r d A v e N S i n g l e R e n e w a l F y r S f r B o r r o w e r L l c 17 Ty p e I V 0 T y p e I V T y p e I I 65 0 1 B r o o k l y n D r S i n g l e R e n e w a l Da w n M A r a y a & D a n i l o A r a y a Di d n o t m e e t r e q u i r e m e n t s 17 Ty p e I V 0 T y p e I V T y p e I V 67 2 4 F r a n c e A v e N S i n g l e R e n e w a l J e s s i c a J S t o l l 16 Ty p e I V 0 T y p e I V T y p e I I 68 0 0 F r e m o n t P l N S i n g l e R e n e w a l S h a r o n M c G a r y 3 T y p e I I 0 T y p e I I T y p e I I 70 4 9 R e g e n t A v e N S i n g l e R e n e w a l Ho m e S f r B o r r o w e r L l c Di d n o t m e e t r e q u i r e m e n t s 4 Ty p e I I 0 T y p e I V T y p e I V 71 1 9 H a l i f a x A v e N S i n g l e R e n e w a l H p a J v B o r r o w 2 0 1 9 - 1 A t h L l c 12 Ty p e I V 0 T y p e I V T y p e I 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                 !  " #$"  %&'"(!)& *+   ,-  '*&!)& #. . /01  /#,2   .' % 3.4/ 5 ( '6/"*  55  *7    .001 .' % 3.4  ( '6/"*  55  *7    6/"*  '  &( 800 .' 0   *7 9:;<17='00 .  &( 8 ''> 00 .4' 8'  (' &1 &' 8  ? @ %  1 4'A  .0 6/" *   & &  0(  ? 001 ' .0' &   003 (BC !  4 4(  (     '*#.   14  ''  ((. B;! !  & '4 '0( &04'@ '  & (  ((4404      7    7       !   0.3 ""#$"    0. #0 0 6/"*   .   .58 6/"*  ((4/ 5 (  ,+0   '*  / 5 (  ,+0  Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION AUTHORIZING EXECUTION OF SITE LEASE AGREEMENT WITH DISH WIRELESS LLC ON WATER TOWER NO. 1 WHEREAS, DISH Wireless L.L.C. has submitted to the City of Brooklyn Center a request to lease space on Water Tower No. 1, along with the required application fee; and WHEREAS, as compensation for the use of City facilities, DISH Wireless agrees to pay an annual lease payment of $18,000 (2022 rate). The payment will be prorated for the first year then annually increased by a minimum of four percent for twenty years; and WHEREAS, the City and DISH Wireless have negotiated a lease agreement that is consistent with the City's Policy Regarding the Use of City Water Towers for Personal Wireless Services Facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The lease agreement between DISH Wireless and the City for the placement of antennas on Water Tower No. 1 is hereby approved. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease will be deposited into the Water Utility Fund. August 22, 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. N eevia D ocu m ent C o nverter Pro v6.5 1 TENANT SITE NUMBER: MNMSP00304B Upon Recording, Return to: DISH Wireless L.L.C. Attention: Lease Administration 5701 S. Santa Fe Dr. Littleton, CO 80120 Re: MNMSP00304B (Space above for Recorder’s Office) MEMORANDUM OF SITE LEASE AGREEMENT This Memorandum of Site Lease Agreement(“Memorandum”) is made this ___ day of _________________, 20__, by and between City of Brooklyn Center, a Minnesota municipal corporation (“Landlord”), and DISH Wireless L.L.C., a Colorado limited liability company (“Tenant”), having a place of business at 9601 South Meridian Boulevard, Englewood, Colorado 80112. Tenant and Landlord are at times collectively referred to hereinafter as the “Parties” or individually as the “Party.” This Memorandum is summarized as follows: 1. Tenant and Landlord entered into a Site Lease Agreement (“Agreement”) with an effective date of _________________________, 20__, for the purpose of installation, operation, maintenance, and management of a wireless communications facility. All of the foregoing, in addition to the provisions set forth in the Agreement between the Parties, are incorporated by reference and made a part herein. 2. Landlord, or one of its affiliates, is the owner of a certain portion of real property located at 6831 France Ave N, Brooklyn Center, MN 55429, being more particularly described in Exhibit A, attached hereto and made a part herein (the “Property”). 3. Landlord has leased to Tenant and Tenant has leased from Landlord, space for Tenant’s equipment installation on the Propertyin the locationsas described or depicted in Exhibit B, attached hereto and made a part hereof (the “Premises”), that includes certain right of ways or grants of easements for access and utilities as provided in the Agreement (which may or may not be described or depicted in Exhibit B) which easements are in effect, or may be acquired, or granted, throughout the term of the Agreement as renewed or extended subject to the terms and conditions as set forth in the Agreement. 2 TENANT SITE NUMBER: MNMSP00304B 4. The Agreement has an Initial Term of sixty (60) months commencing on the Commencement Date , as defined in the Agreement. Tenant shall have the right, at its election, to extend the term of the Agreement, by four (4) additional terms of sixty (60) months each or in any other such manner as prescribed in the Agreement. If all options to renew are exercised, the Agreement will have a term of twenty-five (25) years from the Commencement Date. 5. Landlord and Tenant possess duplicate copies of the originals of the Agreement at the addresses set forth above and reference should be made thereto for a more detailed description thereof and for resolution of any questions pertaining thereto. 6. It is expressly understood and agreed by all Parties that the sole purpose of this Memorandum is to give record notice of the Agreement; it being distinctly understood and agreed that said Agreement constitutes the entire agreement between Landlord and Tenant with respect to the Premises and is hereby incorporated by reference. The Agreement contains and sets forth additional rights, terms, conditions, and obligations not enumerated within this Memorandum which govern the Agreement. This Memorandum is for information purposes only and nothing contained herein may be deemed in any way to modify or vary any of the terms or conditions of the Agreement. In the event of any inconsistency between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. The rights and obligations set forth in the Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. [Reminder of page intentionally left blank. Signature page follows.] 3 TENANT SITE NUMBER: MNMSP00304B IN WITNESS WHEREOF , the Parties have executed this Memorandum of Site Lease Agreement as of the day and year last written below. LANDLORD: TENANT: City of Brooklyn Center, DISH Wireless L.L.C. a Minnesota municipal corporation By: ___________________ By: _______________________ Name: ________________ Name: ____________________ Title: __________________ Title: ______________________ Date: __________________ Date: ______________________ [Remainder of page intentionally left blank. Acknowledgement page follows.] 4 TENANT SITE NUMBER: MNMSP00304B LANDLORD’S ACKNOWLEDGMENT STATE OF _______ ) ) SS: COUNTY OF ___________ ) On this _______ day of _______________, 20___, before me, the undersigned a Notary Public in and for the county and state aforesaid, personally appeared ________________________(person/company) to me known to be the identical person who executed the within and foregoing instrument as its __________(title), and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of said ŝƚLJŽĨƌŽŽŬůLJŶĞŶƚĞƌ, , for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. ______________________________ Notary Public My Commission Expires:_____________ Commission No:___________________ TENANT’S ACKNOWLEDGMENT STATE OF ) ) SS: COUNTY OF ) On this ______ day of __________, 20____, before me, the undersigned a Notary Public in and for the county and state aforesaid, personally appeared _______________________________ of DISH Wireless L.L.C. to me known to be the identical person who executed the within and foregoing instrument as its _________(title), and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of said DISH Wireless L.L.C., for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. ______________________________ Notary Public My Commission Expires: Commission No:___________________ 5 TENANT SITE NUMBER: MNMSP00304B EXHIBIT A Legal Description of the Property Property Address: 6831 France Ave N, Brooklyn Center, MN 55429 Parcel Identification Number: 3411921210003 Legal Description of the Property: That part of Lot 3, Auditor's Subdivision No. 25, Hennepin County, Minn., described as follows: commencing at a point on the East line of said Lot 3, 289.74 feet South of the center line of the county road, thence West parallel with the center line of said county road a distance of 150.34 feet, thence North parallel with the East line of said Lot 3 to the center line of said County road, thence East along the center line of said county road to the Northeast corner of said Lot 3, treating the said center line of the county road as the North line of said Lot 3, thence South along the East line of said lot 3, 289.74 feet to the place of beginning. 6 TENANT SITE NUMBER: MNMSP00304B EXHIBIT B The Premises [See Attached]          DOCSOPEN\BR291\4\770013.v2-12/22/21 SITE LEASE AGREEMENT CITY OF BROOKLYN CENTER AND DISH WIRELESS L.L.C. 1 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (“Lease”), made this ____ day of _____________, 202_ (“Effective Date”), between City of Brooklyn Center, a Minnesota municipal corporation (“Landlord”), and DISH Wireless L.L.C., a Colorado limited liability company having a place of business at 9601 S. Meridian Blvd., Englewood, Colorado 80112 (“Tenant”). WHEREAS, Tenant and Landlord wish to enter a lease setting forth the terms and conditions of Tenant’s occupancy and use of a portion of Landlord’s property and water tower superseding and replacing all prior agreements and understanding concerning the same. NOW THEREFORE, for good and valuable consideration, the parties agree as follows: AGREEMENT 1.Leased Premises . Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property (the “Property”), located at 6831 France Ave. N., City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, subject to any existing easements, along with space on the water tower located on the Property commonly referred to as “Water Tower #1” (the “Tower”). The Landlord leases exterior space on the Tower for attachment of wireless communication antennas (“Antennas”), ground space totaling one hundred forty-three (143) square feet adjacent to the Tower for the location of equipment and electronics associated with operation of the Antennas, space required for cable runs between the ground equipment, the Antennas, and existing or new utility sources (including fiber sources) at the Property or within the nearest public right of way, and non-exclusive rights of reasonable ingress and egress to the Tower and ground equipment, all as depicted on attached Exhibit B (collectively, the “Leased Premises”). The location of the Antennas and associated equipment on the Leased Premises has been approved by Landlord's City Engineer and is specified in attached Exhibit C (“Tenant Facilities”). 2.Rent. (a) Amount; Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of Eighteen Thousand and 00/100 Dollars ($18,000.00), pro-rated for the initial year, which shall be increased each year on January 1 by four percent (4%) of the previous year’s annualized rental. (b) Time of Payment; Taxes. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be prorated through December 31 and shall be paid to Landlord within sixty (60) days after the Commencement Date. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or other charges imposed upon the property by a governmental agency required as a direct result of this Lease and all other payments required herein. 2 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B Governmental Approval Contingency. D Tenant Application. Tenant’s right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering studies specified in Subparagraph 3(b) below on the Tower to be conducted at Tenant’s expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals. E Engineering Studies. Before obtaining a building permit for new improvements or other construction on the Property after the date of this Lease, Tenant must submit a study or studies that address: (i) a radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant’s intended use will not interfere with any existing communications facilities; and (ii) an engineering st udy showing that the improvements or construction will not inhibit the Landlord’s operation and maintenance of the Tower and its appurtenances, or accessthereto,nor damage the Tower, its coatings, or its appurtenant facilities. If Landlord concludes after review of the study that there is a potential for interference that cannot be reasonably remedied, or for prejudice to the Tower or its use, Landlord may deny or reject the proposed improvements or construction. The Landlord, at the sole discretion of the Landlord, may hire an independent consultant to review the engineering study or studies, as defined in Subparagraph 5 (b), construction drawings and plans for structural and practical considerations, and to inspect and monitor all construction and installation work for quality assurance and quality control. The Tenant must pay all associated costs of such independent consultants prior to obtaining a building permit. Term and Renewals . The “Initial Term” of this Lease shall commence on the earlier of the date Tenant commences installation of Tenant’s Facilities or 1RYHPEHU , 2022 (“Commencement Date”) and end on December 31, 2026. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for four (4) additional five (5) year renewal periods (“Renewal Term”) commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non-renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 19 of this Lease. 5.Tenant’s Use . (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 3 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B 1 . Landlord; 2 . Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3 . Other governmental agencies where use is not related to public safety; 4 . Tenant and other Government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters; 5 . Other Government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters, whose lease or license to use the Property commences after the Effective Date. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating the Tenant Facilities, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide in compliance with those construction drawings attached hereto as Exhibits B and C, the approval of which is hereby acknowledged. Tenant’s use of the Tower shall be non-exclusive, and Landlord specifically reserves the right to allow the Tower to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Property. The Antennas shall be centered at one hundred nine (109) feet above ground level. Landlord and Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array consistent with its approved construction drawings attached as Exhibits B and C. Tenant may not increase the number of antennas without first securing the approval of Landlord by written amendment to this Lease. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Tenant Facilities on the Leased Premises in accordance with good engineering practices and with all applicable local, state, and federal laws, rules and regulations. Any damage done to the Leased Premises or other Landlord property including the Tower during installation or during operations, shall be repaired at Tenant’s expense, said repairs to be undertaken immediately upon receipt of notice from Landlord, in the event the damage endangers the safe operation of the water tower, or within thirty (30) days in the event the damage does not endanger the safe operation of the water tower. If the Tenant fails to undertake or complete these repairs, the Landlord may repair the damage and charge the Tenant for all actual costs associated with the repair. Tenant shall reimburse Landlord for such costs within sixty (60) days of receipt of a detailed invoice and documentation evidencing such damage. The Tenant Facilities shall remain the exclusive property of the Tenant. 4 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B (e) Maintenance; Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant’s benefit shall be at the Tenant’s expense and such improvements shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord’s facilities on or adjacent to the Leased Premises, and kept secured by Tenant. If Tenant’s Facilities are mounted on the Tower they shall, at all times, be painted, atTenant’s expense, the same color as the Tower. The Tenant agrees to clean and/or repair any damage done to its Tenant Facilities due to vandalism within three (3) days of notification of such damage. Furthermore, the Tenant agrees to pay all costs associated with said cleaning or repair. If repair is not commenced within three (3) days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. Tenant shall reimburse Landlord for such costs within sixty (60) days of receipt of a detailed invoice and documentation evidencing such damage. (f) Replacements. Before the Tenant may update, modify, or replace the Tenant Facilities other than as provided for in the construction drawings attached as Exhibits B and C, Tenant shall request the approval of the Landlord and provide detailed plans and specifications to Landlord. Tenant shall submit to Landlord such detailed plans and specifications for any such replacement facilities together with any other information reasonably requested by Landlord regarding such update, modification, or replacement (including, but not limited, to a technical study) all of which will be carried out at Tenant’s expense including an additional, reasonable administration fee as deemed appropriate by the Landlord to cover all expenses. Landlord may not unreasonably withhold approval. Notwithstanding the foregoing, Landlord approval and review of plans and specifications shall not be required for routine repairs to and maintenance of the Tenant Facilities, or for the replacement of existing Tenant Facilities with equipment of substantially the same or smaller dimensions and weight. (g) Drawings. Within a reasonable time after Landlord’s request, Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises showing the actual location of all Tenant Facilities. (h) No Interference. Tenant shall, at its own expense, maintain its Tenant Facilities on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Tower and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Tenant Facilities. Tenant shall notify Landlord of its intent to gain access to the Tower at least twenty-four (24) hours in advance, except in an emergency. Such access shall be coordinated with Landlord so as not to interfere with Landlord’s maintenance or other activities. 5 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B (j) Payment of Utilities. Tenant may install, or arrange for installation of, electric service, fiber service and other utilities associated with its use of the Leased Premises. Tenant shall separately meter charges for the consumption of electricity, fiber and other utilities, and Tenant shall promptly pay all costs associated therewith. 6.Emergency Facilities . In the event of a natural or human made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Tenant Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days in any calendar year unless Tenant obtains written approval from the Landlord. 7.Landlord Maintenance; Expenses . Upon notice from Landlord, Tenant shall promptly pay to Landlord all actual and documented additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Tower, that are caused by Tenant’s occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the Tower, including repair of the Tower and its coatings. Tenant must remove Tenant’s Antenna Facilities at Tenant’s cost, upon reasonable notice to allow maintenance, repair, repainting, restoration or other activity as determined and required by Landlord. Landlord will not be responsible for scheduled interruptions in use of the Tenant’s Antennas or other Tenant Facilities. Except in the case of an emergency, Landlord must provide Tenant ninety (60) days’ notice of commencement of maintenance activities, if such maintenance requires Tenant to temporarily remove and relocate Tenant Facilities to accommodate such activities. In case of an emergency, Landlord may remove the Tenant Facilities, at the Tenant’s expense, and shall notify Tenant within a reasonable time. An “emergency” shall be deemed to exist in those situations which constitute an immediate threat to the health or safety of the public or immediate danger to the Landlord’s facilities or property. In the event the use of the Tenant Facilities is interrupted, Tenant may provide and maintain mobile cellular sites on wheels on the Property only after such temporary facilities have been approved by Landlord, on land owned or controlled by Landlord in the immediate area of the Property. Tenant is responsible for any cost associated with the protection of the Tenant Facilities during these periodic or emergency activities. Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance. Tenant may, at Tenant’s own expense, test said lines before and after maintenance. Following completion of the painting and other maintenance work, Tenant may reinstall its equipment on the Tower in the same location and in the same manner as before the removal. Except for an emergency, Tenant shall not be required to remove the Tenant Facilities to accommodate painting or other maintenance more than once during any five-year period. 8.Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all third-party claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord and arising from Tenant’s installation, maintenance, and operation of its Tenant Facilities or use of 6 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B the Leased Premises, except those which arise in part or in whole from the negligence, willful misc onduct, or other fault of Landlord, its elected officials, officers, employees, agents or representatives, or other user of the property. Tenant shall defend all third-party claims arising out of the installation, operation, use, maintenance, repair or removal of Tenant Facilities, equipment and related facilities on the Leased Premises, except those which arise in part or in whole from the negligence, willful misc onduct, or other fault of Landlord, its elected officials, officers, employees, agents or representatives, or other user of the property. Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs (including reasonable attorneys’ fees) and claims of liability or loss which arise out of Landlord’s use of the Leased Premises, except those which arise from the negligence, willful misconduct, or other fault of Tenant. Landlord shall not be obligated to indemnify Tenant in any amount in excess of the limitations of liability set forth in Minnesota Statutes, Chapter 466, less any amounts which Landlord is obligated to pay by reason of the liability of the Landlord, its officers, employees, and agents arising out of the same act or occurrence. (b) Hazardous Materials. Without limiting the scope of Subparagraph 8 (a) above, Tenant will be solely res ponsible for and w ill defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including reasonable attorneys’ fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises resulting from the Tenant’s use of Hazardous Materials. Notwithstanding the foregoing, in no event shall Tenant have any liability whatsoever with respect to any Hazardous Materials that were on, about, adjacent to, under or near the Leased Premises or Property prior to the Effective Date, or that were generated, possessed, used, stored, released, spilled, treated, transported, manufactured, refined, handled, produced or disposed of on, about, adjacent to, under or near the Leased Premises or Property by Landlord, its agents, employees, contractors or invitees, or any third party who is not an employee, agent, contractor or invitee of Tenant. For purposes of this Lease, “Hazardous Materials” shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Landlord represents that (1) that neither Landlord nor, to Landlord’s knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Property in violation of any law or regulation; and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. (c) Tenant’s Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials in violation of any law or regulation governing the use, transport, or storage of Hazardous Materials. Tenant agrees to notify the Landlord in writing within 48 7 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B hours of the existence of Hazardous Materials on the Leased Premises. Notwithstanding the foregoing, the parties acknowledge that Tenant shall be permitted to use batteries and industrial cleaning supplies, in the normal course of Tenant’s operations, without prior written notice to Landlord, provided that Tenant shall use, transport, or store such materials in compliance with all laws or regulations governing the use, transport or storage of Hazardous Materials. The obligation of this Paragraph 8 shall survive the expiration or other termination of this Lease. 9.Insurance . (a) Workers’ Compensation. The Tenant must maintain Workers’ Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer’s Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form of comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage - broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,500,000 each occurrence and $2,000,000 general aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of not less than $1,500,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Cove rage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorist's coverage. 8 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to Tenant Facilities at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized to do business in the state of Minnesota, such insurance company to be reasonably acceptable to Landlord, which includes all coverages required in this Paragraph 9. Tenant will include the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide that Tenant or Tenant’s insurance provider shall provide Landlord with thirty (30) days prior written notice of cancellation or non-renewal. (f) Waiver of Claims; Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvements thereto, or the Tower or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all-risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to provide that the insurer waives all rights of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this Subparagraph w ill be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant’s property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any tenant, or other cause, except to the extent such loss or damage is due to or results from the negligence or misconduct of Landlord, its agents, employees, contractors or invitees. (g) Adjustment to Insurance Coverage Limits. Liability coverage required by Subparagraphs 9(b) and (c) may be increased as needed so that the coverage per occurrence is, at all times, the same or greater than the maximum liability for municipalities specified in Minnesota Statutes, section 466.04 for any number of claims arising out of the same occurrence, provided that the parties shall mutually agree upon such increase. 10.Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant’s judgment, to hinder its effective use of the Tenant Facilities, Tenant may elect to terminate this Lease upon 30 days’ written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to a pro 9 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B rata reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 11.Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party as may be expressly provided in this Lease, or upon sixty (60) days’ written notice to the other party as follows: (i) by e ither party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); unless such default may not reasonably be cured within a sixty (60) day period in which case this Lease may not be terminated if the defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due diligence to fully cure the default; however, such period shall not, in any event, extend beyond one hundred twenty (120) days of receipt of written notice of default; (ii) by Tenant if it attempts in good faith but fails to obtain or maintain a license, permit or other governmental approval necessary for the operation of the Tenant Facilities; (iii) by Tenant, upon ninety (90) days’ written notice to Landlord, if: (i) changes in applicable law prohibit Tenant’s continued operation of the Tenant Facilities; (ii) if Tenant determines that Tenant’s use of the Leased Premises is obsolete or unnecessary, upon payment of a termination fee equal to one (1) year of rent; or (iii) if Landlord or a third party installs any structure, equipment or other item on the Property which prevents Tenant from being able to use the Tenant Facilities to transmit signals; (iv) by Landlord, following expiration of the first Renewal Term, upon one (1) year’s written notice to Tenant, if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with the continued use of the Leased Premises by Tenant and/or discontinue use of the Tower for all purposes; (v) by Landlord if it determines that the Tower is structurally unsound, including, but not limited to, consideration of age of the Tower, damage or destruction of all or part of the Tower on the Leased Premises from any source, or factors relating to condition of the Leased Premises; or (v) by Landlord if it determines that a potential user with a higher priority under Subparagraph 5(a) above cannot find another adequate location or the Landlord determines, after engineering studies, that the Tenant Facilities 10 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B unreasonably interfere with another user with a higher priority, regardless of whether or not such interference was predicted in the initial interference study that was part of the application process, provided that the Landlord shall not at any time over the balance of the then existing Term and all unexpired Renewal Terms, lease the Leased Premises to another party with equal or lesser priority for the same use as that of the Tenant, unless such other party would not cause or contribute to the type of interference giving rise to the Tenant Facilities’ interference with a higher priority. (b) Notice of Termina tion. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord unless such termination is due to breach by Landlord. (c) Tenant’s Liability for Early Termination. If Tenant terminates this Lease for any other reason other than as expressly provided in this Lease, Tenant shall pay to Landlord the annual rent for the remainder of the then-current Initial Term or Renewal Term. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall immediately cease operation and use of the Antennas for communication purposes and shall have sixty (60) days from the termination or expiration date to remove its Tenant Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Tower. Upon notice of termination, Tenant shall deposit with Landlord in the form of cash, performance bond, irrevocable letter of credit, or other acceptable security the sum of $10,000, to secure the cost of removal of the Tenant Facilities and repair and restoration of the Leased Premises following expiration or termination of the Lease, which shall be fully refunded to Tenant upon the timely removal of the Tenant Facilities and related equipment, the repair of the site and the restoration of the Tower surface to the reasonable satisfaction of the Landlord. If Landlord removes the Tenant Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Tenant Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid using the $10,000 removal bond. Landlord shall provide written notice to Tenant prior to accessing the bond to pay such costs. The obligations of this Subparagraph (d) shall survive the expiration or other termination of this Lease. 12.Limitation of Landlord’s Liability. If Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord’s liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 11 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B 13.Temporary Interruptions of Service . If Landlord reasonably determines that continued operation of the Tenant Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant’s service or interference with Tenant’s operation of its Tenant Facilities, except as may be caused by the willful misc onduct of the Landlord, its employees or agents and except if Landlord’s determination is found by a court of competent jurisdiction to have been negligent. If the discontinuance extends for a period greater than three (3) days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without the payment of any damages. 14.Tenant Interference . (a) With Tower. Tenant shall not interfere with Landlord’s use of the Tower and agrees to cease all such actions which unreasonably and materially interfere with Landlord’s use thereof no later than three (3) business days after receipt of written notice of the interference from Landlord. In the event that Tenant’s cessation of action is material to Tenant’s use of the Leased Premises and such cessation frustrates Tenant’s use of the Leased Premises, within Tenant’s sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without the payment of any damages. (b) With Higher Priority Users. If the Tenant Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with preexisting tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty- eight (48) hours after receiving Landlord’s written notice of the interference, Tenant shall immediately cease operating its Tenant Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant received Landlord’s written notice, Landlord or Tenant may at its option terminate this Lease immediately for cause and without the payment of any damages. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises area, Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord’s choosing perform the necessary 12 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B interference studies to determine if the new applicant’s frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises area to any party who is of equal or lower priority to Tenant, if such party’s use is reasonably anticipated to interfere with Tenant’s operation of its Tenant Facilities. Landlord agrees further that any future lease of the Leased Premises area will prohibit a user of equal or lower priority from interfering with the Tenant Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the right to cause the elimination of any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant’s expense. 15.Assignment and Subletting . Tenant may not assign, sublet, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord, provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty percent (50%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in Paragraph 26 below. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord’s obligations herein, including but not limited to, those set forth in Paragraph 26 below. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant: (i) has obligations for borrowed money or in respect of guaranties thereof; (ii) has obligations evidenced by bonds, debentures, notes or similar instruments; or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16.Condemnation. In the event the whole of the Leased Premises is taken by eminent domain and, as a result, Tenant is unable to operate the Tenant Facilities, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In the event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days’ written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant for relocation benefits or assistance. 13 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B 17.Disputes . Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation and shall share equally the common costs of mediation. If mediation does not result in settlement within forty-five (45) days after the matter was submitted to mediation, either party may pursue all available remedies in any court of competent jurisdiction. 18.Enforcement and Attorneys’ Fees . In the event that either party to this Lease shall bring a claim in court to enforce any rights hereunder, the preva iling party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 19.Notices . All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Attn: City Manager To Tenant: DISH Wireless L.L.C. Attn: Lease Administration/MNMSP00304 5701 South Santa Fe Drive Littleton, Colorado 80120 20.Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 21.Binding Effect . This Lease shall run with the Property. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22.Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements or understandings of any kind concerning Tenant’s occupancy and use of the Leased Premises. Any modification of or amendment to this Lease must be in writing and executed by both parties. 23.Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24.Severability. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 25.Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties which may be recorded by the party requesting the Memorandum of Lease. 14 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B 26.Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee’s part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. 15 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: City of Brooklyn Center, a Minnesota municipal corporation By: Mayor By: City Manager Tax ID#: 41-6005011 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ______________, 2022, by __________________ and ________________, the Mayor and City Manager, respectively, of the City of Brooklyn Center, on behalf of the City. Notary Public 16 DOCSOPEN\BR291\4\770013.v2-12/22/21 Tenant Site Number: MNMSP00304B TENANT: DISH Wireless L.L.C., a Colorado limited liability company By: ___________________________ Printed Name: _ _ Title: ___ Date: ________________, 2022. STATE OF __________ ) ) ss. COUNTY OF ____________) The foregoing instrument was acknowledged before me this ___ day of ______________, 20__, by __________________, the ______________________, of _______________________, on behalf of the corporation. Notary Public A-1 DOCSOPEN\BR291\4\770013.v2-12/22/21 EXHIBIT A Legal Description Property Address: 6831 France Ave N, Brooklyn Center, MN 55429 Parcel Identification Number: 3411921210003 Legal Description of the Property: That part of Lot 3, Auditor's Subdivision No. 25, Hennepin County, Minn., described as follows: commencing at a point on the East line of said Lot 3, 289.74 feet South of the center line of the county road, thence West parallel with the center line of said county road a distance of 150.34 feet, thence North parallel with the East line of said Lot 3 to the center line of said County road, thence East along the center line of said county road to the Northeast corner of said Lot 3, treating the said center line of the county road as the North line of said Lot 3, thence South along the East line of said lot 3, 289.74 feet to the place of beginning. B-1 DOCSOPEN\BR291\4\770013.v2-12/22/21 EXHIBIT B Leased Premises (See attached Site Plan)         C-1 DOCSOPEN\BR291\4\770013.v2-12/22/21 EXHIBIT C Tenant Facilities (See attached Construction Drawings) ok l y n nt e r                 !  " #$" % &'   (#&)   *+, #&,    - , . +,/.0.*  -,     *+, #&,    - , .+, /.0.*  -,      1! , ..  ,     *+ 02 +  3+ ,/.0.* .. 4  , ! ,,+  *+, 50!. + 02  0 -  * ,/.0.* .. 4+., 6+, , +,/.0.* .. 4, 6+,   , * 3 !  1! &+, * +,, 2 + , # - , ..+,/.0.*  -,    %              !    ./*.! 0*7 ""#$"    0* #0 0  #&    8    2. INITIAL ROUGH DRAFT 6-21-21 1 MEMORANDUM OF UNDERSTANDING REGARDING CITY POLICY AIDE POSITIONS This Memorandum of Understanding (“MOU”) is entered into this ___ day of ___________ 2021 by and between the Brooklyn Center City Manager (“Manager”) and the Brooklyn Center City Council (“Council”). RECITALS A. The Mayor raised the need for a staff position to assist in carrying out the duties and responsibilities of the Mayor’s office. B. The Council recognizes legislative or policy aide positions are political in nature and do not operate in a traditional City employee role. C. The Council determines it is in the best interests of the City and its operations to set out a process for the establishment, selection, and management of City employees assigned to assist one or more Councilmembers in the performance of their duties for the City. For the purpose of this MOU, all such position shall be referred to generally as a “Policy Aide” position. D. The City Charter does not express address Policy Aide positions established to directly support Councilmembers or how they are to operate within the City. E. The Council acknowledges that Section 6.02, Subdivision 3 of the City Charter indicates the Manager appointments and removes all City employees, and Section 2.09 prohibits the Council from interfering with the Manager’s administration of the City’s affairs. F. The Council also recognizes the person serving in a Policy Aide position works directly with the assigned Councilmember(s) and so input from the Councilmember(s) in the selection of the person to fulfill that role is necessary to achieve a successful working relationship. G. The Council adopted Resolution No. 2021-__ to authorize the establishment of a Senior Policy Aide position attached to the Mayor’s Office to directly assist the Mayor in the performance of the duties of the office as set forth in the approved position description. This MOU applies to the Mayor’s Senior Policy Aide position as well as any additional Policy Aide positions established by the Council. H. The purpose of this MOU is to set out how Policy Aide positions are established, selected, and managed so they can fulfill their duties while not interfering with the management of City operations. AGREEMENT The Council and the Manager hereby agree as follows: INITIAL ROUGH DRAFT 6-21-21 2 1. Establishment. The Council establishes a Policy Aide position by resolution. The resolution shall include a position description, specifically identify the member or members of the Council to which the position is assigned, the duties of the position, the maximum starting salary, and such other information as the Council determines is necessary to describe the role and duties of the Policy Aide position being established. All Policy Aide positions established by the Council shall be selected and managed as provided in this MOU, are at- will employees of the City, and are subject to the City’s employment policies and practices. 2. Selection. The Councilmembers to which a Policy Aide position is assigned shall have the opportunity to participate in the interview of candidates for the position along with the Manager. The assigned Councilmembers may provide their comments and recommendations on candidates to the Manager. The Manager hires the Policy Aide but agrees to hire the person selected by the assigned Councilmembers, provided such hiring is consistent with the City’s employment policies and applicable laws. If the Policy Aide position is assigned to more than one Councilmember, the person recommended by the majority of such Councilmembers shall be selected for the position. 3. Management. Policy Aides report to and are managed by the Councilmembers to which they are assigned. Policy Aides are subject to the City’s personnel policies, except that such positions are not managed by the Manager or other City staff. The assigned Councilmember shall conduct performance reviews of the Policy Aide and report the outcomes of such reviews to the Manager for inclusion in the person’s personnel file. The assigned Councilmembers are responsible for managing the position consistent with the City’s employment policies and applicable federal and state laws. Any questions regarding the management of a position may be directed to the Manager, City Attorney, or the director of Human Resources. Policy Aides shall be classified as non-represented City employees and are entitled to the same benefits and pay increases as the City’s other non-represented employees. 4. Discipline or Removal. If, for any lawful reason, the assigned Councilmembers determine the person serving as their Policy Aide needs to be disciplined or removed as a result of not fulfilling the duties or expectations of the position, the assigned Councilmembers shall forward a request for discipline or removal to the Manager. The Manager shall consider such request, consult with the Director of Human Resources and the City Attorney as needed, and if the Manager shall discipline or dismiss the person to extent allowed, and in accordance with, the City’s personnel policy and applicable laws. 5. Non-Interference. The role of a Policy Aide is to work directly with and assist the Councilmembers to which they are assigned. A Policy Aide shall comply with all of the following in carrying out the duties of the position. The assigned Councilmembers agree not assign duties or direct the Policy Aide in a way that would violate any of the following. (a) Policy Aides shall not interfere with the Manager’s management of City operations or City staff. INITIAL ROUGH DRAFT 6-21-21 3 (b) Policy Aides shall not direct or attempt to direct City staff. Policy Aides may request information from staff, but only to the extent such information is readily available to staff, does not require a signification amount of effort on the part of staff to provide the information, and does not require the creation of data to fulfill the request. Any request for information that exceeds the limits of this provision shall be made to the Manager. (c) All request for assistance from City staff, other than the request for information addressed above, shall be made through the Manager. 6. Budget. Each Policy Aide position established by the Council shall be included in the City’s budget. 7. Dispute Resolution. This MOU establishes an understanding between the Council and the Manager for how Policy Aides are selected and managed, which depends on an on-going cooperative relationship between the assigned Councilmembers and the Manager. However, if concerns arise in the relationship, they shall be reported and managed in accordance with the following. Nothing in this section limits the ability of a Policy Aide to report any suspected violation law or policy with respect to their position in accordance with the personnel policy or applicable laws. (a) Policy Aide Report. If a Policy Aide believes the Manager or other staff are attempting to mange or direct them, the person shall report any such incidences to the assigned Councilmembers. The assigned Councilmembers shall discuss the issue with the Manager in an attempt to seek resolution. If the issue is not resolved, the assigned Councilmembers may report the matter to the Council for review and direction. (b) Manager Report. If the Manager believes the assigned Councilmembers or the Policy Aide are engaged in any activities that violate this MOU, the Manager shall discuss such concerns with the assigned Councilmembers in an attempt to seek resolution. If the issue is not resolved, the Manager may report the matter to the Council for review and direction. 8. Amendments. This MOU may be amended in writing by mutual agreement of the Council and the Manager. This MOU is entered into and is effective as of the date first indicated above. BY THE CITY COUNCIL BY THE CITY MANAGER ______________________________ __________________________________ Mike Elliott, Mayor Dr. Reggie Edwards, Acting City Manager Date:_______________________ Date:__________________________                 !  " #$" % &'   !  (#&)  *+ , &                                !"    -  !    .   ,, ) /0( !122  3 - 3413   !23   ! 1 5, 6- -   - 7   3  4 ,.1 13  3 8!,02 339 ,3 4  (1 :) /0(   ;- - 1: 3 4 13, " -3 , 2 <- *1! 1 3,:  !-2: 2  <339 ,=*!*>;!?@@6@A8  ---0<3," -  2 !-3 , 21= ! 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nnual Preliminary Budget Presentation October 8, 2018 Review CityCouncilSeptember12,2023 Dr.ReggieEdwards,CityManagerandAngelaHolm,FinanceDirector Presentation Purpose •Presentthe2023BudgetPreliminaryLevyBudget •Provideinsightintothefactorsthatguidedthe developmentofthe2023BudgetPreliminaryLevyBudget •Providebudgethighlights •Providefiscalanalysisbudgethighlightsandimpacts •Providenextstepsinthebudgetingprocess 2 9/13/2022 2 2023 Budget Environment •COVIDͲ19,DeathofDaunteWright,andCivil Unrest •EconomicCondition •CouncilBudgetOutcomesandStrategicPriorities •OrganizationalStability •CommunityͲCenteredͲCity 3 2023 Budget Guiding Factors •Theproposedbudgetwas developedrecognizing unprecedentedeventsandchallengesfaced by residentsandstaff. •Theproposedbudgetwas developedwithan intentbalancetheneedsfor economicgrowth, healthandwellͲbeingofpeople,longerͲtermfiscal stability,pursuitofCityCouncildirectionand providingCityservicesatanaffordablecostfor  residents. 4 9/13/2022 3 2023 Budget Fiscal Direction October 8, 2018 Review 6 CityCouncil Residents Officeof Inclusion,Equity andDiversity City Manager Officeof Community Prevention, Health&Safety Advisory Committee Advisory Committee Community Development Department Financial Services Department Administration Department Fire Department Police Department Recreation Department PublicWorks  Department Advisory Committee BrooklynCenter OrganizationChart Advisory Committee 9/13/2022 4 Brooklyn Center Vision and Mission VisionStatementͲ We envisionBrooklynCenterasathriving, diversecommunitywithafullrange ofhousing,business,cultural andrecreationalofferings.Itisasafeandinclusiveplacethat peopleofallageslovetocallhome,andvisitorsenjoyduetoits convenientlocationandcommitmenttoahealthyenvironment. MissionStatementͲ ThemissionoftheCityofBrooklynCenteris toensureanattractive,clean,safe,andinclusivecommunitythat enhancesthequalityoflifefor allpeopleandpreservesthepublic trust. 7 Brooklyn Center Values CustomerIntimacy–Ourprimaryvaluepropositionisa commitmenttoservingeachcustomerwithdignityandrespect. Thisrequiresthatweseektounderstandtheneedsofeach customeranddeliverqualityservicethatwillbeunderstoodand appreciated. OperationalExcellence–Inadditionwewillcommitourselvesto deliveringqualityservicesinacosteffectiveandefficientmanner. We willbegoodstewardsofthelimitedresourcesmadeavailable tousbythecitizensweserve. 8 9/13/2022 5 Brooklyn Center Outcomes & Strategic Priorities CityOutcomes •ExistenceofaHealthyandSafeResidence •ExistenceofaHealthyandSafeYouth andTheir Environmentfor7Generationstocome •ExistenceofEquitableandDiverseBusinesses •ExistenceofEquitableStableandDiverseTax Base •ExistenceofaPublicTrust •ExistenceofPeopleFeelingWelcomed •ExistenceofResidentsFeelingaSenseofCommunityPride •ExistenceofEquitablyDiverseHousingwithout GentrificationorDisplacement •ExistenceofanIncreasedHouseholdMedianIncome withoutHarm •ExistenceofaCleanandSafeHumanEnvironment CityStrategicPriorities •EnhancedCommunityImage •ResidentEconomicStability •InclusiveCommunityEngagement •Targeted Redevelopment •Safe,Secure,StableCommunity •KeyTransportationInvestments 9 2023 Budget Highlights - Funded •MarketCompetitiveness(PhaseFunding)Ͳ $50,000 •3%SalaryAdjustments/LivableWage Ͳ $409,447 •NaturalGasInflationͲ $49,900 •CentralGarageReplace ChargesͲ $389,254 •GeneralInflation 10 9/13/2022 6 2023 Budget Highlights - Funded •Outcomebasebudgetandorganizationalfocus– PerformancemeasurementanalystͲ $100,000 ™Only1newpositionin2023Budget •Frozen3PoliceStaff(PhaseFunding)– $100,000 •SustainPublicSafetyAlternatives(PhaseFunding)Ͳ $75,000 •Youth ViolencePreventionandResponseStrategy (PhaseFunding)– $100,000 11 2023 Budget Highlight - Unfunded •NewPark Liaisons4PTEͲ $91,000 •NewSplitCommunityEngagement(Recreation/Communicationsand Engagement)1FTEͲ $109,000 •NewPark MaintenanceFTEͲ $101,000 •NewFireInspector1FTEͲ $97,000 •ElectionOffͲYear FundingStabilizationͲ $50,000 12 Total RequestedLevyIncrease ProposedLevyIncrease 17.1% 5.9% 9/13/2022 7 2023 Budget Fiscal Outlook & Preliminary Levy Proposal October 8, 2018 Review Budget Policies Purpose:Providesbasicframeworkandassistsinthedecisionmaking process •BalancedBudget •Currentrevenueshouldpayfor currentexpenses •Contingencyofuptofivepercentofbudget •Provideadequatefundingforcapitalreplacement&maintenance •Budgetshoulddescribegoals,servicesandprograms •Targeted unassignedGeneralFundbalanceof50– 52%ofthenext year’sGeneralFundbudget 14 9/13/2022 8 Revenue Policies Purpose:DirecthowtheCitymaintainstheabilitytopayforservicesit providesitscustomers •Maintaindiversifiedandstablerevenuesystem •Annualrevenueestimatescompletedthroughanobjectiveconservative analyticalprocess •Userfeesshouldbereviewedandrevisedonanannualbasis •FeesanduserchargesforEnterpriseFundsshouldfullysupporttotaldirect andindirectcosts •Userfeesfor Cityserviceswillgenerallybeestablishedatalevelwhichwill recoverthefullcostofprovidingtheservice 15 Property Tax Levy 16 Note:Apropertytaxlevyincrease/decreaseof1%is approximately$200,000inrevenue. 9/13/2022 9 Comparable City Levy Rates - 2023 17 General Fund Revenues by Source 18 2023 Budget 2022 Budget 9/13/2022 10 General Fund Expenses by Function 19 Taxable Market Value (preliminary estimates) 20 9/13/2022 11 Tax Capacity Estimates 21 Median Value Home 22 9/13/2022 12 City Property Tax Rates 23 Projected Property Tax Impacts 24 Incremental1% 2022 2023 Impactof5.9%Levy LevyImpact Taxable Taxable 2022 2022 2023 2023 2023 2023 Market Market $ % Tax City Tax City $ % Tax City $ Classification* Value Value Change Change Rate Taxes Rate Taxes Change Change Rate Taxes Change SingleFamilyResidential 205,830$245,070$39,240$19.06% 57.1101,175$53.5451,312$137$11.63% 54.0601,325$13$ Multi FamilyResidential 2,200,000$2,554,562$354,562$16.12% 57.11015,705$53.54517,098$1,393$8.87% 54.06017,262$164$ Commercial 1,700,000$1,780,437$80,437$4.73% 57.11018,989$53.54518,665$(324)$ Ͳ1.71% 54.06018,845$179$ Industrial 1,900,000$2,268,047$368,047$19.37% 57.11021,273$53.54523,887$2,614$12.29% 54.06024,117$230$ PropertyTaxChanges(Basedon5.9%GeneralLevyIncrease&Market ValueChanges) 9/13/2022 13 Next Steps September26,2022(RegularCityCouncilMeeting) CityCounciladoptionofthepreliminarybudgetandlevy JointCityCouncil/FinancialCommissionWork Sessions October4,2022–SpecialRevenueFunds October18,2022– Utility/EnterpriseFunds PublicHearing&AdoptionofBudget/Levy December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ommission Serving with Expired Terms 8/16/22 Financial Commission – Total of 7 seats (2 vacancies + 2 expired terms) Name Last Appointment Date Term Ending Date Teneshia Kragness 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 Applications Received/date applied: Leonard Brown/6͘20͘22 Yolanda Hunter/1.11.21 Rose Keller/2.5.21 Christian Paese/6.29.21 Carmina Pratt/3.2.22 Kia Welsch/4.30.22 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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pplication for Appointment to Advisory Commission PLEASE PRINT CITY USE ONLY:Date Received Attach additional sheets where necessary. Check Which Commission You Are Applying: ___ Financial ___ Housing ___ Park & Recreation ___ Planning ___ NW Hennepin Human Services ___ NW Suburbs Cable ___ Shingle Creek / West Mississippi River Watersheds PERSONAL Last Name First Name Date of Application Street Address Apt. No. Date Available City, State, Zip Home Phone E-Mail Address Work Phone May we call at work? ____ Yes ____ No How many years have you lived in Brooklyn Center? Cell Phone If appointed, which contact information would you prefer to be made public? Minn. Stat. 13.601 subd 3(b)(2) requires you select at least one: Home Phone_____ Work Phone_____ Cell Phone_____ E-Mail Address_____ Are you currently or have you been previously employed by the City? ___ Yes ___ No If yes, dates: Position(s): I have read the City Enabling Resolution or Joint Powers Agreement, which defines the purpose, authority, and responsibility of this advisory commission. ___ Yes ___ No I have received and read the City’s Business Ethics Policy. ___ Yes ___ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. Are you aware of the importance of regular commission meeting attendance and participation, and do you feel you have the time available to be an active participant? ___ Yes ___ No EMPLOYMENT HISTORY List relevant employment history applicable to appointment to this commission. Paese Christian 6/17/2021 6/17/20216825 Camden Ave N Brooklyn Center, MN 608-302-7675 christian.paese@gmail.com 608-302-7675Since November 2020 X X X X N/A X Please see attached "ChristianPaeseResume" x PROFESSIONAL DESIGNATIONS List relevant current professional memberships, registrations, or licenses applicable to appointment to this commission. Include dates first issued. AWARDS AND HONORS List relevant current awards and honors applicable to appointment to this commission. PRIOR GOVERNMENT SERVICE List relevant prior government service applicable to appointment to this commission. VOLUNTEER WORK List relevant volunteer work experience applicable to appointment to this commission. VOLUNTEER ACTIVITY WORK PERFORMED No. Hrs/Month From Month/Yr To Month/Yr SUPPLEMENTAL INFORMATION Briefly describe why you are interested in being appointed to a commission for the City of Brooklyn Center Describe any additional experience or skills that qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. I am interested in joining the Financial Commission because giving back to the community is something that I strongly believe in. Now that we have purchased a home in Brooklyn Center, I want to contribute to the community in a meaningful way. My wife and I specifically chose to move to Brooklyn Center for the diversity as well as the promising development that is happening (i.e, Opportunity Site, Brooklyn Blvd project, etc.). During college, I was chair of my university's student finance commission which was responsible for overseeing $20m+ in student fees. During my time as chair, I implemented policies to ensure funds were allocated responsibly and equitably while ensuring that we held sufficient contingency funds. Director of the Year, University of Wisconsin - Eau Claire Student Senate - May 2015 City of Eau Claire, Wisconsin transit commission September 2013 - May 2014 Student Senator, University of Wisconsin - Eau Claire September 2012 - December 2015 IMPORTANT FACTS FOR YOU TO KNOW CONCERNING YOUR APPLICATION Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minn. Stat. 13.601 subd. 3(a), the information contained in this application about you must be made available to any member of the public who requests it, excluding your residential address, telephone numbers, and electronic mail address. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. ___________________________________________ _____________________ Applicant’s Signature Date SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Christian Paese 6/17/2021 PLEASE PRINT Application for Appointment to Advisory Commission Attach additional sheets where necessary. CITY USE ONLY _x__ Financial ___ NW Hennepin Human Services ___ Housing ___ NW Suburbs Cable Check Which Commission ___ Park & Recreation ___ Shingle Creek / West Mississippi You Are Applying: ___ Planning River Watersheds PERSONAL Last Name Hunter First Name Yolanda Date of Application 01/11/2021 Street Address Apt. No. 5326 James Avenue N Date Available 01/11/2021 City, State, Zip Brooklyn Center, MN 55430 Home Phone 763-347-0165 E-Mail Address yolandahunterenterprise@gmail.com Work Phone 763-347-0165 May we call at work? _x___ Yes ____ No How many years have you lived in Brooklyn Center? 8 Cell Phone If appointed, which contact information would you prefer to be made public? Minn. Stat. 13.601 subd 3(b)(2) requires you select at least one: Home Phone_____ Work Phone_____ Cell Phone_____ E-Mail Address__x___ Are you currently or have you been previously employed by the City? ___ Yes _x__ No If yes, dates: Position(s): I have read the City Enabling Resolution or Joint Powers Agreement, which defines the purpose, authority, and responsibility of this advisory commission. _x__ Yes ___ No I have received and read the City’s Business Ethics Policy. _x__ Yes ___ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this advisory commission. N/A Are you aware of the importance of regular commission meeting attendance and participation, and do you feel you have the time available to be an active participant? _x__ Yes ___ No EMPLOYMENT HISTORY List relevant employment history applicable to appointment to this commission. Emerson Automation Solutions 02/2017 - 09/2020 Financial Account Specialist Review and monitor trade accounts. Manage collection portfolio of 400 superior customer clientele. Assist upper management with preparation and distribution of ad hoc reports. Research and resolve escalated disputed delinquent accounts. Answer account inquiries and resolve complex matters. Minnesota Department of Revenue 09/2016 - 02/2017 Revenue Tax Specialist Perform taxpayer audits for small businesses with a Minnesota presence. Contact non-registered/non-filing businesses and encourage them to file. Conduct legal and technical research. Provide classroom and in-person education on Minnesota statutes. Voya Financial 04/2015 - 09/2016 Senior Billing Administrator Process complex billing transactions. Verify healthcare clients are paying the correct rates and research discrepancies. Prepare statements and client correspondence. Review monthly financials, suspense accounts, past due reports, and take the necessary actions. PROFESSIONAL DESIGNATIONS List relevant current professional memberships, registrations, or licenses applicable to appointment to this commission. Include dates first issued. AWARDS AND HONORS List relevant current awards and honors applicable to appointment to this commission. Toastmaster’s Advanced Commuicator Award (2019) Toastmaster’s Competent Comunicator Award (2018) Toastmaster’s Advanced Leadership Award (2019 Toastmaster’s Competent Leadership Award (2018) Lean in peer coaching circle (2019) Vice President of Education (VPE) for Toastmaster’s Appetite for Success Club (2018-2020) PRIOR GOVERNMENT SERVICE List relevant prior government service applicable to appointment to this commission. VOLUNTEER WORK List relevant volunteer work experience applicable to appointment to this commission. VOLUNTEER ACTIVITY WORK PERFORMED No. Hrs/Month From Month/Yr To Month/Yr Spiritual Life Church Bookstore Cashier Ring up sales, bag purchased items, collect payment and give appropriate change 12 02/2005 12/2016 SUPPLEMENTAL INFORMATION Briefly describe why you are interested in being appointed to a commission for the City of Brooklyn Center Describe any additional experience or skills that qualify you for appointment to this commission. Include remarks concerning your ideas or observations on the role of this commission. I’m interested in being appointed as a Financial Commission to serve the community, share my relevant experience (my undergrad is in accounting), stay current with community issues and have a voice in the decision making. IMPORTANT FACTS FOR YOU TO KNOW CONCERNING YOUR APPLICATION SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Minnesota law requires that you be informed of the purposes and intended uses of the information you provide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City advisory commission. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minn. Stat. 13.601 subd. 3(a), the information contained in this application about you must be made available to any member of the public who requests it, excluding your residential address, telephone numbers, and electronic mail address. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the questions are true and understand that any false information on or omission of information from this application will be cause for rejection of this application or termination from a commission without notice. _______Yolanda Hunter___ 01/11/2021 _____________________ Applicant’s Signature Date Housing Commission – Total of 7 seats (2 vacancies + 2 expired terms) Name Last Appointment Date Term Ending Date Paul Oman 3/12/18 12/31/18 * 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 Applications Received: ŶĂďďĚŝͬϱ͘ϲ͘ϮϮ Moneak Curry/5.1.22 Jerry Gayflor/5.1.22 ďŽŶLJDĐDŝůůĂŶͬϱ͘ϮϮ Paul Oman/11.23.20 Lovetee Polahn/5.4.22 Elizabeth Riel/12.19.19 Hashep Seka Nygard/5.1.22 Carmina Pratt/5.1.22 Nancy Seley/5.5.22 Kia Welsch/5.1.22 Florence Williams/7.20.22 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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Zarita Hester (22) Northeast Moneak Curry (4/22) Jerry Gayflor (4/22) Kai Welsch (4/22) Nancy Seley (5/22) Lovetee Polahn (5/22) Anab Abdi (5/22) Ebony McMillan (5/22) Northwest Johnson Yang (22) West Central Elizabeth Riel (12/19) Central Florence Williams (7/22) Southwest Paul Oman (11/20) Carmina Pratt (3/22) Paul Oman (18) De’Ja Carter (23) Park & Recreation Commission – Total of 7 seats (1 vacancy + 3 expired terms) 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 Paul Carey 9/27/21 12/31/22 Natalie Branch 3/8/21 12/31/24 (*) Term expired and application on file for reappointment Applications Received Travis Bonovsky/11.20.20 Gail Ebert/1.19.21 Jeffrey Noah/1.19.21 Haskep Seka-Nygaard/4.30.22 Greg Hellweg/7.27.22 Bud Sorenson/10.1.20 Jennifer Umolacͬ2.10.21 Kia Welsch/5.1.22 Nyenuie Writhers/2.21.20 Joe Younglove/2.14.22 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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ark and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) Current Members August 31, 2022 Park Service Area Applicants Received (MO/YR)Current Members P.S.A. 1 Travis Bonovsky (11/20) Haskep Seka-Nygaard (4/22) Natalie Branch (24) Travis Bonovsky (19) P.S.A. 2 Gail Ebert (1/21) Writhers, Nyenie-Wea (2/20) Joe Younglove (1/21) Gail Ebert (19) P.S.A. 3 Bud Sorenson (1/20)Tanisha Lungelow (23) Bud Sorenson (20) Paul Carey (23) P.S.A. 4 Jennifer Umolac (2/21) P.S.A. 5 Jeffrey Noah (1/21) Planning Commission – Total of 7 seats (1 vacancy + 3 expired terms) 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 Applications Received: Randy Christensen/3.25.22 Peter Omari/1.14.22 Joanne Riel/12/16/19 Haskep Seka-Nygaard/4.30.22 Stephen Schonning/5.27.22 Kia Welsch/5.1.22 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. NOTE: Alfreda Daniels has 3 unexcused absences and has been removed from the Commission 2022 Attendance Planning Commission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lanning Commission Geographical Distribution Applicants/Current Members August 31, 2022 Neighborhoods Applicants (Mo/Yr of App) Current Members Southeast Haskep Seka-Nygaard (4/22) Stephen Schonning (5/22) Northeast Peter Omari (11/21) Kia Welsch (4/22) Peter Omari (21) Northwest Randy Christensen (3/22) West Central Joanne Riel (12/19) Alejandro Koenig (21) Kau Guannu (22) Central Stephanie Jones (22) Southwest Paris Dunn (21) Sister City Commission – Total of 5 seats (No vacancies + 4 expired terms 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 Applications Received: Amayanvbo Loveth/1.28.22 Moneak Curry/5.1.22 Ύ Jacob Saffert/2.14.22 Kia Welsch/5.1.22 Ύ Eramus Williams/1.28.22 Tashawna Williams/3.2.22 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. 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"# $!   +4 #+ + A 4 B A 4 9/13/2022 1 Brooklyn Center Zoning Code City Council Update Sept 12, 2022 Brooklyn Center, MN 2 Agenda x Equity & Zoning Review x Layout & Work To-Date Review x Key Updates | Single Family Housing x Questions x Next Steps 9/13/2022 2 EQUITY & ZONING REVIEW 4OVERVIEW EQUITY & ZONING REVIEW •Zoning and land use policies have historically contributed to systemic racism, and the legal separation of people and uses. •Redlining, restrictive covenants, large lot sizes, and segregating land uses are all policy examples of how this has manifested. •Brooklyn Center’s history is not as explicit in this regard, but its traditionally auto-oriented design patterns has created issues of job access and transportation equity •The zoning code is addressing steps outlined by the 2040 Comprehensive including: •Mixed-use districts •Neighborhood commercial nodes •Organize around transit •Zoning flexibility in exchange for identified goals of sustainability, housing affordability, and affordable commercial spaces •Multi-generational housing needs •Home-based businesses •Supporting more housing options and more affordable home ownership, through strategies like ADU’s, Duplex’s, and mixed-use zoning 9/13/2022 3 LAYOUT & WORK TO DATE REVIEW 6 WHY UPDATE THE CODE NOW? •Align the code with the city’s 2040 Comprehensive Plan (the long-range plan for the city) •Bring the city zoning code into compliance with state law •Reorganize the code so it is clearer and easier to use •Modernize regulations to ensure they meet community needs and promote equity. •Improve customer service and regional competitiveness GOAL •Create a strong zoning code for city adoption, with the understanding it is to be a living, breathing document to be revised over time. OVERVIEW 9/13/2022 4 7 Zoning Code Sections •Section 1: General Provisions •Section 2: Zoning Districts •Section 3: Overlay Districts •Section 4: Use regulations •Section 5: Development Standards & Incentives •Section 6: Signs •Section 7: Zoning & Subdivision Procedures •Section 8: Specific Provisions •Section 9: Definitions COUNCIL ZONING CODE REVIEW 8OUTREACH TO DATE Infosheets Online ResourcesSurveys Online Open Houses Recorded Webinars Full Draft Sections Taskforce Interactive Map 9/13/2022 5 9 OUTREACH TO DATE 10COUNCIL ZONING CODE REVIEW Current Districts Proposed Districts Consolidated Districts 9/13/2022 6 KEY UPDATES | Single Family Housing 12 Single Family •Single family housing will remain largely as it is today, with minimal changes to siting, heights, or lot sizes. •The draft code proposes reducing minimum lot size in R2 District from 6500 sf to 5000 sf •R1 remains the main residential district for much of the city, whereas R2 is concentrated along the Minneapolis border •The primary differences between the two districts is that R2 allows for smaller lot sizes, duplexes, and higher unit density •Density in R1 districts is 3-5 units per acre and 3-10 units per acre in R2 districts COUNCIL ZONING CODE REVIEW 9/13/2022 7 13 Accessory Dwelling Units •Allows for conversion or construction of ADUs within the R1 and R2 districts •Allowable ADU height maximum of 16’, must be more than 200sf, but less than the primary structure. There may only be 1 ADU unit per lot •The property owner must live in either the principal structure or ADU, and file a deed restriction requiring the property to remain homesteaded •An ADU must comply with all applicable building codes COUNCIL ZONING CODE REVIEW Q: Should other residential districts that currently have a single-family home, be allowed to include an ADU? Q: The draft code proposes that the property owner must live in either the main home or the ADU. Should this change? 14 Driveway & Permitting •Thenewcodeproposesthatallnewdrivewaysbe constructedofhardsurfaceͲ concrete,bituminous,pavers, etc.–andnot gravel •Drivewaysmustbeconnectedtoanaccessorystructurethat canstoreavehicle. •Vehicles parkedonsideͲ andrearͲyardsmustbeparkedona approvedhardsurface •OneͲ andtwoͲfamilyhomesarelimitingtoonedrivewayper parcel •Adrivewaypermitisrequiredpriortoanyworkcommencing COUNCIL ZONING CODE REVIEW 9/13/2022 8 15 Fence Permits •Fencesmaybenomorethanfour(4)feetinheight atthefrontpropertyline,andnomorethansix(6) feetinheightalongtherearandsideproperty lines. •Allowablematerialsincludewood,metal,bricks, masonryorothersimilarmaterialsdesignedfor fencing.Afencemayonly usetwodifferent materialsascurrentlyproposed. •Thefinishedsideofthefencemustbefacingout •Afencepermitisrequiredpriortoanywork commencing,regardlessofdistrict COUNCIL ZONING CODE REVIEW 16 Home Occupations •The new code allows for home occupations, which is any gainful occupation or profession, carried on within a dwelling unit •Types of home occupation: •No exterior impact = allowed by right •Exterior impact = conditional use, and must go through Planning Commission and Council •Regulated primarily based on impact, rather than use occurring within building. Intent is to make process less complicated, and more flexible. •No more than three employees, one of whom must work in the home •All home occupations must conform to applicable building codes COUNCIL ZONING CODE REVIEW 9/13/2022 9 17 Commercial Vehicle Parking •Only Class 1-4 vehicles may park in residential districts. These include motorcycles, cars, trucks and vans, and buses and trucks with trailers. •The proposed code intends to allow food truck parking. While food truck classification varies on truck type, they are generally a Class 4 (+/- 16,000 lbs) •Only one licensed commercial vehicle may be parked in a residential driveway at one time, and must be operated by a resident of the property •Under no circumstances shall a semi-truck or tractor- trailer combination be parked or stored off-street in a residential district. COUNCIL ZONING CODE REVIEW QUESTIONS? 9/13/2022 10 NEXT STEPS 20BECOMINGBROOKLYNCENTER.COM 9/13/2022 11 21 NEXTSTEPS COMPLETED Nov 30th: Commission Review Session #2 o Public Video #2 Dec 14th: Commission Review Session #3 o Public Video #3 June Council Work Session June Joint Commission Session UPCOMING Oct Formal Introduction for Planning Commission Consideration o Public Hearing Nov City Council Consideration o Public Hearing NOW Compile & Review Recommendations (now) Prioritize updates DNR Review (now) MRCCA, Shoreland September 13th Council Meeting Review Session                !  " #$" % &'   !  (#&)  #*+ ,+    -  #* ( . /  01  1 2 3 (*   +. 4  + 4&. 3  ++ 15 (3 6.. 4   ..