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' ,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 discussion • Allow new solutions in a time of dynamic change, process: (1) name the problem (2) find the process to resolve (3) have the discussion (4) make a decision. • After open discussion, close down the chat during council chamber discussion (*need to vote on it).                  !  " #$" % &' &() !  *+ ,   )#&-  ../0                 !  "!#"   $  "     + 1  ))23!14  0,5 , (, ../(1/ (    %     %    %       !   .56 ""#$"    .5 #. . 7-  8  &*.  9 / 8  &*.  9) 8  &*.  9 8  &*.  11/9/2022 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 NOVEMBER 9, 2022 VIA ZOOM 1. CALL TO ORDER The Brooklyn Center City Council/Financial Commission Joint Work Session was called to order by Mayor Pro Tem Ryan at 6:00 p.m. 2. ROLL CALL Mayor Pro Tem Mike Elliott and Councilmembers April Graves and Kris Lawrence-Anderson were present. Also present was Financial Commissioner Chair Taneshia Kragness and Commissioner Dean Van Der Werf. Also present were City Manager Reggie Edwards, City Clerk/Interim Assistant City Manager Barb Suciu, Director of Finance and Fiscal Services Angela Holm, Communications & Community Engagement Manager/Interim Assistant City Manager, and Police Chief Kellace McDaniel. 3. PURCHASING POLICY REVIEW 3a. PURCHASING POLICY 2019 City Manager Reggie Edwards summarized the item and introduced Director of Finance and Fiscal Services Angela Holm to continue the Staff presentation. Ms. Holm explained the policy is short and provides directions for City Staff regarding purchasing items, whether direct or contracted. The purpose of the policy is to ensure all purchases are made following local, State, and Federal laws, provide uniform purchasing procedures and provide City Manager with adequate control over purchasing functions. Ms. Holm added disbursements must be properly authorized, appropriately classified within the City’s Chart of Accounts, and accurately recorded in the financial system. Ms. Holm stated the policy includes a listing of procedures that guide City Staff regarding the application of the Policy to common purchasing activities. Appendix A provides a listing of all authorized purchasers by job title for the City. Appendix B describes the procedure for petty cash. 11/9/2022 Page 2 Ms. Holm showed a slide with a table detailing purchasing authorization by purchase amount. Purchases under $1,000 may be approved by an authorized purchaser. Purchases under $10,000 require the Department Head's approval of the invoice. Purchases under $25,000 require the Department Head's preapproval of purchases, two quotes or purchased through a cooperative purchasing program, and the Department Head's approval of the invoice. Purchases under $175,000 require the Department Head's preapproval of purchases, two quotes or purchased through a cooperative purchasing program, and the Department Head and City Manager's approval of the invoice. Lastly, purchases over $175,000 require a formal bidding process. Ms. Holm stated purchasing controls include required price quotations, approvals of purchases by certain Staff, formal bidding about a certain threshold, and the monitoring of budget concerns. Dr. Edwards noted purchases above a certain amount must also be reviewed and approved by Council through a resolution. Ms. Holm noted there are future related projects. Communication with comparable cities and industry groups will be completed for best practices. There will need to be ongoing updates to policies about technology advances. Also, the Staff is working on a Grant Management Policy with a similar purpose and procedural documents. Councilmember Lawrence-Anderson suggested the Finance Commission take on some legwork to alleviate the time of Staff and also use their expertise. Dr. Edwards stated the Finance Commission has the opportunity to provide input at the current meeting. From there, it can be brought back to the Council to consider amendments. Councilmember Lawrence-Anderson stated she would like the Finance Commission to review the document on its own as a formal advisory board. Finance Commission Chair Taneshia Kragness agreed she was under the impression the Finance Commission would have a separate opportunity to review the document and provide recommendations to the Council. Mayor Pro Tem Ryan noted there is at least one CPA on the Finance Commission. He asked for the date when the software package would be ready for use. Ms. Holm stated the software package is in use, but there isn’t full integration of the software process into the currently proposed purchasing policy. Councilmember Lawrence-Anderson added she would hope no single person could go through the whole process without another person looking it over. Ms. Holm stated it would be possible, but the scenario is very unlikely. The entire trail would be tracked either way. Councilmember Lawrence-Anderson stated she would like to see something in the policy to address the possibility of a single person doing an entire purchase process. Additionally, there should be certain triggers in the process that require an additional check based on the financial amount. The volunteered financial experts on the Commission should be utilized in the process. Dr. Edwards confirmed there are additional checks and balances at certain price points. The only way one person could purchase with no checks and balances is for a purchase of under $1,000. 11/9/2022 Page 3 Councilmember Lawrence-Anderson added the $175,000 portion should be lowered. Otherwise, the Finance Commission should have the opportunity to weigh in on all of the financial categories from the chart. Chair Kragness suggested there be a policy added that requires the person who works with the vendor to be separate from the person who oversees the payment portion. Ms. Holm stated there is a technician with the City who handles the invoicing process. The technician makes sure information is available to the relevant parties for the approval process to begin. Chair Kragness asked if there have been recommendations from the Audit Committee. Ms. Holm stated the Audit Committee reviews the process every couple of years, but there have been no major issues. Mayor Pro Tem Ryan added the auditor is aware of the implications of a smaller Staff sharing the functions. An auditor has recommended procedures to ensure the steps are completed by different Staff members. Finance Commissioner Dean Van Der Werf asked if there is a consideration if the purchase is within the budget. Ms. Holm stated it is the responsibility of the Department Head to ensure the purchase is within their Department’s budget. Dr. Edwards added Departments get monthly updates on their budgets so they are more aware of what has been spent. Chair Kragness asked what is done to ensure there is one request for $30,000 rather than three for $9,999. Ms. Holm stated that is the responsibility of the Department Heads to follow the procedures. It is also an issue of compliance that the auditor would pay attention to. Commissioner Kpaleh asked what the function of the Mayor is if everything is run through Staff. Dr. Edwards stated the Council and Mayor are in charge of policy. From there, the Council hires a City Manager to ensure the policies are executed. Councilmember Graves noted there are best-practices documents offered by the Government Alliance on Race and Equity (GARE) that could be of use to Brooklyn Center. Mayor Pro Tem Ryan added the Minnesota League of Cities also has the expertise that could benefit the City. Councilmember Lawrence-Anderson stated the Finance Commission could do the work finding comparable policies from GARE and the Minnesota League of Cities. Dr. Edwards stated Staff can coordinate a time for the Finance Commission to return to Staff with their recommendations based on their research. 4. AUDIT COMMITTEE RECOMMENDATION 4a. AUDIT COMMITTEE SUMMARY City Manager Reggie Edwards introduced the item and invited Director of Finance and Fiscal Services Angela Holm to continue the Staff presentation. 11/9/2022 Page 4 Ms. Holm explained the item was on the Consent Agenda at the previous City Council meeting, but it was pulled for further discussion. The recommendation was to go with Abdo for the audit. The established schedule for professional Auditing services authorized by Resolution No. 2017- 97 is every six years, with an established review of services due in 2020. Due to the COVID pandemic and staffing turnover, the review was not performed as scheduled and the existing audit services contract was extended for one additional year. A new contract for continued audit services now needs to be executed for the next Fiscal Year beginning in 2022. Request for Proposals (RFP) for audit services was submitted to ten local CPA firms. Staff received proposals from five of these firms. Ms. Holm stated, as further stated in Section 2.80, audit service proposals are reviewed by a committee of City Council Members and Financial Commission Members appointed by the Mayor, in consultation with the Chair of the Financial Commission, and approved by the City Council. The committee also includes the City Manager and the Finance Director. Based on expressed interest, a committee was established of the following individuals: City Manager Dr. Reggie Edwards, Finance Director Angela Holm, Councilmember Lawrence Anderson, Chair Kragness, and Commissioner Dwapu. Ms. Holm noted an initial meeting of the committee was held on October 3, 2022, to discuss the Audit RFP and the submissions received from five interested audit firms. Committee members were asked to complete the evaluations for each firm and submit them to the Finance Director for tabulation. Committee members also discussed the next steps including interviews with the top two firms. Ms. Holm stated, based on the rankings submitted by Committee members, interviews were scheduled on October 18, 2022, with representatives from Eide Bailly and Abdo. Eide Bailly was unable to attend the interviews in person, and the representatives were not the individuals who would have been conducting the audit. On the other hand, Abdo’s interview included the auditors who would handle the audit. Based on these interviews, the Finance Director recommended entering into an audit engagement with the firm of Abdo. This was presented to Council at the regular business meeting on October 24, 2022. The Council subsequently recommended further discussion by the Committee and Finance Commission. Ms. Holm pointed out there is a deadline that must be considered during the deliberations to ensure there is a completed product before June 30, 2023. She offered to answer any questions or concerns. Commissioner Dwapu asked what is the issue that needs to be resolved. Councilmember Lawrence-Anderson stated she wanted a further discussion on the item because she was not aware of the meeting on October 18, 2022. There was a mention of meeting with the top three auditors. Then on October 24, 2022, she hadn’t heard feedback from the other members of the Audit Committee or other Finance Commissioners, so she asked for the item to be pulled from the Consent Agenda. 11/9/2022 Page 5 Chair Kragness agreed to October 18, 2022, which was shared with them as a tentative date. No one on the Audit Committee was aware of the meeting on October 18, 2022. The next meeting the Committee was aware of included the recommendation from Staff. Ms. Holm apologized for the misunderstanding. Her perspective was that the October 18, 2022 meeting was considered an invitation and open meeting. She added the interview with EideBailly got into some political concerns which reflected a preconceived notion regarding Brooklyn Center. It was important to Staff to have an auditor that was comfortable working with Brooklyn Center and the City Council. Councilmember Lawrence-Anderson noted her respect for Ms. Holm and her expertise. Her decision to pull the item is not a reflection of that. Councilmember Lawrence-Anderson explained she is completely on board with the recommendation, and she believed it was important to hear more about the interviews. Commissioner Van Der Werf asked if the previous auditor was interviewed. Ms. Holm stated the previous firm was not one of the top-scoring firms. Some Staff has expressed that they didn’t believe the previous firm was giving the best product. Also, rotating auditors is beneficial for the City. The initial contract would be for three years, then there is an option to continue with the new auditor or restart the RFP process. Chair Kragness pointed out there were some unanswered questions in the RFPs, and she was under the impression Staff would follow up with the potential firms to complete the questions from the RFP. For example, there were questions for the previous auditor that stand. Mayor Pro Tem Ryan stated he is comfortable moving forward with the recommendation from Ms. Holm. Commissioner Dwapu commented in the future he would like to see small businesses considered for these services. Ms. Holm confirmed the item would be added to the Consent Agenda for the upcoming City Council meeting. 5. 2023 BUDGET DISCUSSION City Manager Reggie Edwards noted there was a request from Council to hear more about the budget allocations by Department, in particular to the Police Department. Dr. Edwards explained the budget included a three percent adjustment to salaries to promote livable wages. Other items in the budget reflected inflation costs. There is a desire to increase the measurement of outcomes, so that was included in the budget. Dr. Edwards pointed out that when the budget was passed in 2022, it was premised on the notion of freezing three positions in the Police Department. Then a labor study would be conducted to assess the need for those positions. There was also the intention to begin a pilot for alternative 11/9/2022 Page 6 police responses. However, those projects have not been completed. The Council and Staff are just recently receiving recommendations from the Implementation Committee regarding a pilot program. Dr. Edwards stated the Council has the option to un-freeze the positions in the Police Department, but that would have to be funded and reflected in the levy. When the first budget was presented, there was $100,000 set aside to unfreeze one of the three positions. The Council discussed the budget, and there was tension. Staff then proposed $150,000 in response to the three frozen positions. The Council then was interested in unfreezing all three positions. Dr. Edwards explained if the Council chooses to unfreeze the positions, Staff has found the money to fully fund the frozen positions. He explained there are some one-time projects in 2023 that are budgeted for and could be reallocated to the Police Department in 2024. There were also some other items moved around. Dr. Edwards concluded the current budget includes a 6.9 percent levy. It is the role of the Council to choose if the positions will remain frozen or not. Mayor Pro Tem Ryan noted he favors unfreezing the positions. Councilmember Graves stated as many Councilmembers as possible need to be present for a complete discussion. She added only two positions need funding as the third is a School Resource Officer that the school doesn’t want. Instead, the money could go towards other unfunded projects related to communications or community engagement. Police Chief Kellace McDaniel explained the school position helps build community and communication. However, there are more pressing issues with a lack of detectives. There are currently 40 officers, and there is an opportunity for up to 49 officers. Brooklyn Center has the highest call volume in the State, and the Chief himself is responding to calls. More officers are needed. As for the school officer, if the school is not interested in the partnership, the Police Department has the need for that 49th officer in another capacity. Mayor Pro Tem Ryan asked when the workforce study will be completed. Chief McDaniel stated it is a matter of making sure the report is right and that the City Manager receives the information. Mayor Pro Tem Ryan added the study may reveal the need for more police officers. Councilmember Lawrence-Anderson asked if the Fire Inspector position is included in the current proposal. Dr. Edwards stated the position was not initially included, but it was added after the Council showed interest. The current budget does include it. Councilmember Lawrence-Anderson commended Councilmember Graves for her compromise solution in the previous year’s budget discussion. 2022 has had an increase in time, so the best solution is to provide the funds to the Police Department for the Chief to determine its best use. She noted she had a recent conversation with Attorney General Keith Ellison, and he expressed concern about fentanyl and guns. The money could also be used to support hiring incentives or retention incentives. 11/9/2022 Page 7 Mayor Pro Tem Ryan noted his agreement with Councilmember Lawrence Anderson. He explained he would like to see the Police Department fully funded, as that is the desire and need of the community. If the Council desires to discuss the item with other Councilmembers, Councilmember Butler will return from maternity leave in December. Mayor Pro Tem Ryan stated he would prefer to have the discussion earlier, but her voice is also important. Councilmember Graves pointed out law enforcement is not the only crime deterrent. The Chief can find a way to use the extra $100,000. However, maybe there is a better alternative such as a partnership with the school or supporting jobs and internships for the community. Chief McDaniel agreed with Councilmember Graves. For example, playing sports with youth can make a big impact. Dr. Edwards explained Council passed an Act that directed Staff to create alternative community programs. There was no funding available to do that. It then became an issue framed as alternative strategies instead of law enforcement efforts. The staff has always had the desire to do both as they complement one another. Mayor Pro Tem Ryan noted his agreement with Dr. Edwards and stated there needs to be both a short-term response to “stop the bleeding” and a long-term approach to address systemic issues. Dr. Edwards added Brooklyn Center has the highest bond rating available to the City of its size. It shows the stability and instability of Brooklyn Center. Councilmember Graves asked how closely the City has been working with alternative response options through the County. Councilmember Lawrence-Anderson agreed they cannot do it on their own. Dr. Edwards stated Staff has not been included or allowed to weigh in on that option yet. They are waiting for direction from the Council to seek out such options and fully engage in alternative offerings. Instead, the Council implemented a Committee to handle the task. Staff will come together to create a response with insights and perspectives once the alternative response strategies have been presented to the Council from the Implementation Committee. Mayor Pro Tem Ryan pointed out he would not have chosen such a long process. Also, it would be beneficial to collaborate with St. Paul for alternative response strategies. Councilmember Graves added she would like recommendations from the Implementation Committee, but it is beneficial for the Council to review as many options and as much information as possible. The Council needs to know what is possible to know where the gaps are. It would be beneficial for Staff to provide a presentation on the alternatives offered by the County or other cities. Dr. Edwards explained Staff hasn’t taken that on because they have not been directed. Also, they didn’t want to be in a position to be pitted against or work against the Implementation Committee. 11/9/2022 Page 8 Chief McDaniel noted he sits on several Committees, and he could also provide insight into the offerings. Councilmember Lawrence-Anderson stated Brooklyn Center needs to know all of the options and get everyone at the table to discuss. Mayor Pro Tem Ryan stated the Council will decide on the budget at a City Council meeting. 6. ADJOURN Councilmember Graves moved, seconded by Councilmember Lawrence-Anderson to adjourn the meeting of the Brooklyn Center City Council/Financial Commission at 7:41 p.m. 11/14/22 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL MEETING NOVEMBER 14, 2022 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met for a Special Meeting called to order by Mayor Mike Elliott at 6:04 p.m. 2. ROLL CALL Mayor Mike Elliott and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Councilmember Marquita Butler was absent and excused. Also present were City Manager Reggie Edwards, City Clerk/Interim Assistant City Manager Barb Suciu, and City Attorney Jason Hill. 3. CANVASS THE RESULTS OF THE 2022 GENERAL ELECTION City Clerk & Interim Assistant City Manager Barb Suciu stated there were 88 election judges, 6 precincts, and 4 facilities. There were 8,551 votes, 5,508 of which were cast on election day. There was a 52 percent voter turnout for Brooklyn Center and the Statewide turnout was 60.6 percent. Ms. Suciu stated in the Mayoral race, April Graves received 4,321 votes at 54 percent and Mike Elliott received 3,646 votes at 45.56 percent. As for the Council results, Teneshia Kragness received 3,982 votes, which was 32.59 percent and Dan Jerzak received 3,614 votes, which was 29.58 percent of the votes. The elect candidates will take office on January 3, 2023. Ms. Suciu stated the three Charter questions needed to be approved by 51 percent of voters. The first question passed with a percentage of 62.28 percent. The second question failed with 50.24 percent, and the third question passed with 68.38 percent. There is the potential for a publicly funded recount for question two. That process would require signatures from 25 voters. Ms. Suciu thanked Staff and election judges for their work to support the election. Councilmember Lawrence-Anderson asked for Ms. Suciu to summarize the role of election judges. Ms. Suciu explained election judges assist in the day of the election, be it a half- or full-day. Some help with absentee voting at the healthcare facilities. Other set up equipment to alleviate the burden on Staff. Election judges need to be trained every two years and must be a registered voter in the State of Minnesota. Mayor Elliott asked when election judges need to be trained. Ms. Suciu stated election judges need to be trained every two years. 11/14/22 -2- Mayor Elliott asked what qualifications someone must have to be an election judge. Ms. Suciu stated must be a registered voter in the State of Minnesota. Mayor Elliott asked why two precincts were hosted at the same location. Ms. Suciu explained that was partly due to the redistricting process where Brooklyn Center went from seven to six districts. Also, there was a goal to stay away from schools because of congestion. It worked well for two precincts to be combined at a precinct because of parking, availability of election judges, and accessibility. Mayor Elliott asked how many districts Brooklyn Center has. Ms. Suciu stated Brooklyn Center went from seven to six districts. Mayor Elliott asked if that was based on population. Ms. Suciu stated the change was based on school districts. Each precinct had one school district whereas previously there could have been three school districts represented at one precinct. It decreased errors in voting. Mayor Elliott asked which precincts did not have a polling location within their boundaries. Ms. Suciu stated districts 4 and 5 did not have polling places within their boundaries. Mayor Elliott asked if the same was true in previous election years. Ms. Suciu stated voting was completed at the Heritage Center to decrease COVID-19 issues in schools. In 2018, voting was in schools and Spiritual Life Church. However, the City was asked not to return to Spiritual Life Church. There are not very many facilities available in precincts 4 and 5. She asked a church in precinct 4 to host a polling place, but they were already committed to being a polling place for Brooklyn Park. Mayor Elliott asked which precinct had the school in 2018. Ms. Suciu stated Garden City hosted a polling place for precinct 5 in 2018. Spiritual Life was in the fourth precinct. Mayor Elliott asked if there was feedback from voters about the combined voting locations. Ms. Suciu stated she did not receive any feedback, and she also did not receive any feedback from the primary elections which used the same locations. Councilmember Ryan thanked Staff and the volunteers for their work with the election. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to accept the results of the 2022 General Election. Motion passed unanimously. 4. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 6:21 p.m. 11/14/22 -3- 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 an Election Canvass Session of the City of Brooklyn Center held on November 14, 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 November 28, 2022 Regular Session. City Clerk Mayor 11/14/22 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 14, 2022 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in a Study Session called to order by Mayor Mike Elliott at 6:22 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Finance Director Angela Holm, Director of Public Works Liz Heyman, and City Clerk/Interim Assistant City Manager Barb Suciu. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Reggie Edwards asked for an item to be added to the Council Consideration Items related to tree removal at 7224 Morgan Avenue North and 6900 Quail Avenue North. Dr. Edwards clarified that the item is on the agenda, but the resolution was not included in the packet. Councilmember Lawrence-Anderson noted the Consent Agenda is very long. One was to authorize the execution of professional service agreements. She explained she doesn’t have a conflict of interest with any firms, but she has had a personal experience with ash tree issues in Lakeville at her mother’s residence. Councilmember Lawrence-Anderson stated she would like to provide a recommendation for Staff consideration. Councilmember Ryan asked if the City engages any public relations firms currently, about Consent Agenda Item 6h. Resolution Authorizing Execution of Professional Service Agreements with Qualifying Consulting Firms. Dr. Edwards noted the item refers to Public Works Department contracts. Mayor Elliott asked for Dr. Edwards to explain the process involved in Consent Agenda Item 6h. Resolution Authorizing Execution of Professional Service Agreements with Qualifying Consulting Firms. Dr. Edwards invited Director of Public Works Elizabeth Heyman to provide more information on the item. Ms. Heyman explained that consulting services for architectural, engineering, scientific, or other professional training are typically obtained on an individual project basis as needed by obtaining 11/14/22 -2- bids from several consultants. To streamline the process and to assist Public Works Staff in obtaining consulting services a pre-approved consulting pool is being provided for consideration. This consultant pool would exist for three years and would be drawn upon on a project-by-project basis to enter into professional services agreements for the needed services. The pool would not preclude Staff from contracting with other firms. Mayor Elliott asked how equity was considered in the process. Ms. Heyman stated six of the firms are certified as Disadvantaged Business Enterprises (DBE). Staff will continue to expand the pool as new and equitable opportunities arise. Mayor Elliott asked where Staff is at with drafting a formal policy. Dr. Edwards stated the process is being led by the Finance Director, and the draft is underway. Ms. Heyman added the firms on the list are for engineering and design rather than labor services, to Councilmember Lawrence-Anderson’s point. Finance Director Angela Holm noted Staff has been working with Paddio since May 2022 on the purchasing policy. The first few months were dedicated to fact-finding. Most recently, Paddio has been hosting focus groups to deal directly with business owners of all sizes in Brooklyn Center. Paddio has had challenges getting participants for the groups. Ms. Holm added the initial response from Paddio was that a draft policy would be available to Brooklyn Center by May of 2023. Staff meets with them every two weeks or so to receive updates. Councilmember Graves asked how long it takes for folks to be paid after they completed the contract. She asked if businesses have to have the money upfront to do the contracted work and then are reimbursed by the City. Ms. Holm stated the City has 35 days to make payment after the goods or services are received. It can be a barrier for small businesses, and Staff is not doing anything to remedy that concern. MISCELLANEOUS GROUP HOMES IN RESIDENTIAL AREAS Councilmember Ryan noted there is an increasing number of group homes in residential areas of Brooklyn Center. Group homes can be a source of nuisances and friction in neighborhoods. They also may receive more calls for service and require more time from law enforcement than other homes. He encouraged the 2023 Council to ask Staff to look into the concern and provide information and potential options. Mayor Elliott asked what Councilmember Ryan meant by “nuisances.” Councilmember Ryan stated there are several concerns such as a lack of proper garbage receptacles and availability of on-street parking. Most of the group homes are operating out of single-family homes. There are several responsible group home operators, but there are also cases with problems that the City 11/14/22 -3- needs to address. Mayor Elliott stated the Implementation Committee has been sorting through calls for service and determining response alternatives to law enforcement. He agreed group homes have a higher number of calls for service than a single-family homes. EARLY START FOR THE NOVEMBER 28 WORK SESSION City Manager Reggie Edwards explained the Opportunity Site has some renderings. There is not currently a Public Arts Commission, so Staff was asking if Council could come in early to receive presentations on public art options. Mayor Elliott asked if that would work for everyone on the Council. No one disagreed. Mayor Elliott asked the City Clerk to ensure an invitation goes out to Council. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Graves moved and Councilmember Ryan seconded to close the Study Session at 6:46 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. Attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on November 14, 2022. 2. That said meeting was held according 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 November 28, 2022, Regular Session. City Clerk Mayor 11/14/22 -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 REGULAR SESSION NOVEMBER 14, 2022 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH THE CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an Informal Open Forum called to order by Mayor Mike Elliott at 6:47 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Finance Director Angela Holm, Assistant City Planner Olivia Boerschinger, Communication Coordinator Angel Smith, Clerk Barb Suciu, and City Attorney Jason Hill. Councilmember Marquita Butler was absent and excused. Mayor Mike Elliott opened the meeting with an Informal Open Forum. Roger C. stated the 2023 budget is $1.4 million more than it was in 2022. $389,000 is allotted for City vehicle replacement. All of the equipment he sees that is owned by the City looks to be in excellent condition, and $389,000 is excessive. He suggested a committee of citizens is established and scrutinize it before being voted on by the Council. Roger C. commented, regarding the Woodbine Street project, there was an article in the Star Tribune regarding similar projects. He provided copies of the article for members of the Council. The article questions if the assessment method for projects is legal. Some cities have been sued for their assessment practices. The article also details other methods of payment available to local governments. Alfreda D. stated she is disappointed to hear a Councilmember refer to community members with disabilities as a nuisance. She added she would like there to be a policy establishing guidelines for Councilmembers interacting with the public. Brooklyn Park recently enacted a similar policy. Alfreda D. offered to assist in drafting a policy. Mayor Elliott asked if Alfreda D. had ideas for the policy. Alfreda D. stated she would be happy to dedicate time to creating a policy as it isn’t a priority for the Council. It would be more than a conduct policy but also a policy with accountability measures. 11/14/22 -2- Councilmember Graves read a quote from an article regarding the Brooklyn Park Council conduct policy. She noted Brooklyn Center does have a Council conduct policy with some accountability measures included in the agenda. She stated she would be willing to discuss the topic further and review Brooklyn Park’s policy and its most recent changes. Councilmember Graves added she would also like to see more respectful discussions and interactions in the future. Alfreda D. stated she has been asking for the policy for over two years. She stated the Council needs to acknowledge the power they hold and how they act disrespectfully toward members of the community. There may be a code of conduct for the Council, but it doesn’t include any consequences. Alfreda D. pointed out she has had negative interactions with multiple Councilmembers, the City Attorney, and the former Police Chief. The comments made by Councilmember Graves are triggering and inconsiderate. There needs to be accountability. Councilmember Graves addressed the Mayor and stated she didn’t believe the Council allowed personal attacks during the Informal Open Forum. Alfreda D. stated they don’t allow for dialogue either. Mayor Elliott stated it was time to move on. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. Julie B. stated she has been unable to speak at the previous two meetings although her hand was raised. Mayor Elliott stated the Informal Open Forum is now closed and apologized for missing her hand. 2. INVOCATION Councilmember Lawrence-Anderson noted Thanksgiving is coming up. She shared a quote, “Thanksgiving is an emotional holiday. People travel thousands of miles to see family members once a year, only to find once a year is too often.” As they enter the holiday shopping season, she encouraged community members to be kind to and patient with the service providers and those around them. Councilmember Lawrence-Anderson shared another quote, “Make it a habit to tell people to thank you, to express your appreciation sincerely and without the expectation of anything in return. Truly appreciate those around you, and you will soon find many others around you. Truly appreciate life, and you will find that you have more of it.” 3. CALL TO ORDER REGULAR BUSINESS MEETING 11/14/22 -3- The Brooklyn Center City Council met in a Regular Session called to order by Mayor Mike Elliott at 7:04 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Finance Director Angela Holm, Assistant City Planner Olivia Boerschinger, Communication & Community Engagement/Interim Assistant City Manager Angel Smith, City Clerk/Interim Assistant City Manager Barb Suciu, and City Attorney Jason Hill. Councilmember Marquita Butler was absent and excused. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved 6a. APPROVAL OF MINUTES 1. October 24, 2022 – Study Session 2. October 24, 2022 – Regular Session 6b. LICENSES GASOLINE SERVICE STATION City of Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Brooklyn Center, MN 55430 Kabalan Co dba Pump N Munch 1505 69th Avenue N Brooklyn Center, MN 55430 MECHANICAL Aqua Wizards Plumbing LLC 102 143rd NW Andover, MN 55304 Ductech LLC 1022 S Robert Street West St Paul, MN 55118 Flare Heating and Air Conditioning 9303 Plymouth Avenue N Golden Valley, MN 55427 MS Universal Services 4785 Underwood Lane Plymouth, MN 55442 The Tarbeck Company LLC 910 121st Avenue NE 11/14/22 -4- Blaine, MN RENTAL INITIAL (TYPE IV – six-month license) 4809 Twin Lake Avenue N Twin Lake Apartments, LLC Joseph Cheney 1217 54th Avenue N Jackson & Cierra Hurst INITIAL (TYPE III – one-year license) 3800 Burquest Lane Hennepin RP Funding, LLC 6337 June Avenue N SFR ACQUISITIONS 2 LLC INITIAL (TYPE II – two-year license) 4207 Lakeside Avenue N, #139 ALEXANDER ANDRZEJEK INITIAL (TYPE I – three-year license) 6229 Brooklyn Drive Joy Vang RENEWAL (TYPE IV – six-month license) 700 66th Avenue N Georgetown-bc Company Lllp 3614 50th Avenue N Devlin Wubbena 6331 Beard Avenue N Ccf1 Mn LLC 3218 63rd Avenue N Madison Ave Homes LLC 3501 62nd Avenue N Doreen Kalema 5043 Brooklyn Boulevard THR Property Illinois LP 5133 France Avenue N Resi SFR Sub LLC 5228 Ewing Avenue N IH2 Property Illinois LP 5636 Fremont Avenue N Alice I Mansaray 5737 Emerson Avenue N Nutida Wong 5748 Humboldt Avenue N Fyr Sfr Borrower LLC 5807 Bryant Avenue N Koladex Venture, LLC 6018 Camden Avenue N Crystal Clear Investment LLC 11/14/22 -5- RENEWAL (TYPE III – one-year license) 6737 Humboldt Avenue N Humboldt Square Ventures LLC 5715 Emerson Avenue N J And M Homes Ii LLC 5913 June Avenue N Mohammed K Mehdi 6418 Girard Avenue N Genet Gashaw 6430 June Avenue N Euphemia Brewer RENEWAL (TYPE II – two-year license) 4500 58th Avenue N Tln Lanel A Ltd Partnership 6305 Camden Avenue N Melrose Gates LLC 6740 Grimes Place Victoria Townhouses 1 1340 68th Lane N Jin Li 5631 Hillsview Road Lrg 2 LLC 6019 Colfax Avenue N Alice T Cooper RENEWAL (TYPE I – three-year license) 4207 Lakeside Avenue N, #123 Donna E Kabanuk 1316 68th Lane N Valerie McKissack 5524 Dupont Avenue N Nicholas Manthey 5836 James Avenue N Olusola A Agunbiade 6343 Dupont Avenue N We Are Superior Contracts 6400 Noble Avenue N Zamzam Gesaade 6637 Xerxes Place N Douglas Finch TOBACCO RELATED PRODUCTS A M Brothers dba Cloud Nine Smokeshop 615 66th Avenue N Brooklyn Center, MN 55430 Burr Street Market Inc dba Quick Shop 5808 Xerxes Avenue N Brooklyn Center, MN 55429 11/14/22 -6- Diamond Lake 1994 LLC dba Cub Foods 3245 County Road No. 10 Brooklyn Center, MN 55429 Kabalan Co dba Pump N Munch 1505 69th Avenue N Brooklyn Center, MN 55430 Sun Foods 6350 Brooklyn Boulevard Brooklyn Center, MN 55429 Walgreens 6390 Brooklyn Boulevard Brooklyn Center, MN 55429 6c. RESOLUTION NO. 2022-120; APPROVING AND ENTERING INTO A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK REGARDING WORKFORCE DEVELOPMENT INITIATIVES 6d. RESOLUTION NO. 2022-121; DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6e. RESOLUTION NO. 2022-122; DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6f. RESOLUTION NO. 2022-123; ESTABLISHING INTEREST RATE FOR 2023 SPECIAL ASSESSMENTS 6g. RESOLUTION NO. 2022-124; ESTABLISHING 2023 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6h. RESOLUTION NO. 2022-125; AUTHORIZING EXECUTION OF PROFESSIONAL SERVICE AGREEMENTS WITH QUALIFYING CONSULTING FIRMS 6i. RESOLUTION NO. 2022-116; AWARDING AUDIT ENGAGEMENT LETTER 6j. RESOLUTION NO. 2022-126; APPROVING A TEN-YEAR COMMITMENT FOR LOGIS ERP AND UTILITY BILLING SOFTWARE APPLICATIONS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. FOURTH JUDICIAL DISTRICT JUDGE BARNETTE Fourth Judicial District Judge Barnette introduced himself and noted he is Chief Judge in Hennepin County. He noted the pandemic has pushed the County to provide remote hearing services, and their staff has done a great job setting up Zoom to allow for the hearings. There are over 500 employees, 11/14/22 -7- and there are 63 judges and 12 or 14 referees. Similar to private businesses, Hennepin County has also experienced a lot of turnovers. Chief Judge Barnette explained there are five different divisions within the Hennepin County Attorney’s Office. There are 10 judicial districts in the State, and Hennepin is the largest. Hennepin County handles anywhere from 25 percent to 33 percent of the cases in the entire State. Chief Judge added many members of Brooklyn Center have been called to jury duty, even throughout the pandemic, to keep the court system going. Chief Judge Barnette pointed out there is a backlog in the handling of housing and eviction cases due to the eviction moratorium. The courts are also behind on criminal proceedings due to the pandemic, but they are close to catching up. Chief Judge Barnette thanked the Council for the time to present and offered to answer any questions. Mayor Elliott thanked Chief Judge Barnette for the information. Mayor Elliott asked how far behind the courts are. Chief Judge Barnette stated the housing court is about three or four months behind schedule. He stated he hired another referee to help with the housing backlog. The number of hearings has increased and decreased the backlog. In January, there will be more in-person hearings; it takes more Staff power to host a remote hearing than an in-person hearing. Therefore, the backlog will decrease further at that time. Mayor Elliott noted several tenants in Brooklyn Center have reported their rent money was stolen and received eviction notices. He asked if the court handles multiple cases together for such a scenario. Chief Judge Barnette stated some similar cases have been taken, for example, the protesters on Highway 94. Parties can ask for their cases to be assigned to one judge or hearing, but he has not received that request for eviction issues in Brooklyn Center. Mayor Elliott noted the issue involves senior citizens. Mayor Elliott stated if someone misses a court date, a bench warrant is issued. He asked how the court is handling bench warrants and if they are allowing for discretion by the local law enforcement. Chief Judge Barnette explained during the peak of the pandemic, there was a collaboration amongst justice partners to ensure the jail wasn’t crowded to avoid COVID spreading. The change also eliminated transfers for minor offenses. In the last three years, there has always been a warrant helpline. The staff has certain authority to handle certain warrants and reset court dates. Chief Judge Barnette added if someone was summonsed for a misdemeanor, besides domestic assaults and DWIs, the court allows a sign and release. That allows for the court date to be set and communicated rather than for someone to be taken into custody or transported. There is a similar process called to book and release for people in custody. Mayor Elliott asked if there is a discussion around a public program for civil cases and legal representation. Chief Judge Barnette pointed out there are some organizations that provide legal representation such as the Volunteer Lawyer Network and Legal Aid. As for housing, Hennepin 11/14/22 -8- County provides Adult Representation Services (ARS) where lawyers are provided for the proceedings. The ARS programming has been going on for a year, and there is talk of expansion. Councilmember Graves asked for more information on the specialized treatment courts. Chief Judge Barnette stated treatment courts include criminal mental health court, drug court, DWI court, and veteran’s court. They are recognized Statewide. There are also restorative court options for misdemeanors and felonies. A person is referred to a specialized treatment court and then assessed by triage staff to determine which court would be the most beneficial for them. Chief Judge Barnette noted the specialized treatment courts have more intensive probation and require more in-person court appearances. Most participants are folks who are not first-time offenders. Therefore, the program is an alternative to a serious length of prison or workhouse sentencing. Chief Judge Barnette stated there is a social worker who attends the misdemeanor restorative court to connect participants with services. Felony restorative court is an alternative to a diversion program and that allows for expungement. The participants are primarily experiencing mental health or addiction issues. He added all alternative courts are optional. Councilmember Graves asked who is on the triage team. Chief Judge Barnette stated there are two judges, probation officers, a prosecutor, a defense attorney, treatment providers, and potentially other community members. Mayor Elliott noted he was part of a committee commissioned by the Minnesota Supreme Court considering alternative justice avenues. Minnesota has a variety of cultures that utilize culturally- specific justice methods. He asked if the court is trying to find ways to incorporate alternative justice practices. Chief Judge Barnette stated there is a group of judges and community members working to incorporate alternative justice practices. One effort is to streamline expungement for juveniles as it has been a difficult process for juveniles to navigate, which was a recommendation from that group. It isn’t necessarily an alternative justice practice, but the group is trying to be more responsive to the needs of the public. Councilmember Lawrence-Anderson thanked Chief Judge Barnette for sharing information with the Council. Councilmember Graves moved and Councilmember Ryan seconded to accept the presentation. Motion passed unanimously. 7b. RANDOM ACTS OF KINDNESS PROCLAMATION Mayor Elliott read in full a Proclamation declaring November 17, 2022, as Random Acts of Kindness Day. 11/14/22 -9- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt the Proclamation for Random Acts of Kindness and declare November 17, 2022, as Random Acts of Kindness Day. Motion passed unanimously. Councilmember Graves asked about the process for Random Acts of Kindness. Dr. Edwards stated there will be a celebration honoring recipients of Random Acts of Kindness at the Heritage Center soon on November 17. Dr. Edwards asked for the names of the nominees to be read. Councilmember Lawrence-Anderson noted the Council has received the nominations in advance to review to learn more about the nominees. She asked for Staff to provide a copy of the nominations. Councilmember Graves stated Dr. Angel Smith may want to say something. Communications and Community Engagement Manager Dr. Angel Smith explained there was a change to provide more attention for the nominees and more time to acknowledge their efforts. Therefore, there is a celebration separate from the City Council meeting. The Council took turns reading the names of the following nominees: Julie Bourque Matt Branch Brooklyn Center Lions Club Paula Brown Melissa Carey Brooklyn Center Lady Lions Jan Cedarholm Victoria & Hassan Christian Tom Dahlstrom & Bobbi Hanson Alfreda Daniels Lisa Ellis Mayra & Jonathan Deras Free Bikes for Kidz Grace Green Tom Green James “Jimmy: Johnson Marsha Jones Jamar Hester, BC Cub Manager Chris Mahigan Matt Malwitz Nancy Mikulak Mpls Elk Lodge #44 Diane Sannes Diane & Darryl Sannes Carol Shetka Shoe Away Hunger John Solomon Andrew Splinter Richard Sund Cha Lee Yang 8. PUBLIC HEARINGS 8a. AN ORDINANCE NO. 2022-07; AMENDING THE MAYOR AND COUNCIL SALARIES FOR 2023 AND 2024 (SECOND READING) City Manager Reggie Edwards introduced the item and invited Finance Director Angela Holm to make the staff presentation. City Attorney Jason Hill recommended tabling the item. Per the Charter and Minnesota Statutes, changes in salaries cannot be implemented until after the next election, which is scheduled for 2024. The Council still needs to adopt an Ordinance for the 2023 salaries and can amend the proposed item or pass an entirely different Ordinance. 11/14/22 -10- Mayor Elliott stated the item should be passed to allow for a salary in 2023. After the meeting, there can be a conversation about an increase in salaries. Mayor Elliott moved to Approve Second Reading and Adopt an Ordinance Approving the Salaries for the Mayor and Council for 2023 and 2024. Motion failed for lack of a second. Mr. Hill stated there still needs to be a public hearing unless they choose to continue the public hearing. From there, the motion would be to adopt the Ordinance with an amendment. Councilmember Graves asked how the item ended up on the agenda if it isn’t supposed to be handled until 2024. The changes are not very significant anyways. She asked what the options are. Mr. Hill recommended the Council amend the proposed Ordinance with an amendment reflecting the previous salaries and reassess the increase in 2024 before the election. Councilmember Graves asked if there is an issue because the hearing wasn’t held before the election. Mr. Hill confirmed the item has to be handled before an election per Charter and Minnesota Statutes. Dr. Edwards apologized for the error in bringing it to the Council. He explained Staff was under the impression that because the process started before the election, it could be passed. Mr. Hill stated the item has to be fully adopted before the election to be in line with the Charter and State Statutes. Mayor Elliott moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. (1:50:03) _____ asked if this was brought to the Council previously but was delayed due to Councilmembers or the Mayor being absent. Dr. Edwards stated that wasn’t the case. _____ stated it was a faux pas then. Mayor Elliott asked what a faux pas is. _____ asked if the Mayor didn’t know what a faux pas is. Mayor Elliott confirmed he doesn’t know what a faux pas is. _____ asked Dr. Edwards if this was an oversight by Staff. Mayor Elliott stated _____ needed to address him rather than Staff. _____ stated she didn’t as she was asking Dr. Edwards. Mayor Elliott stated _____ needed to address him directly as it is in their rules. _____ stated she doesn’t need to address the Mayor. _____ asked Dr. Edwards if this was an oversight by Staff. Dr. Edwards stated Staff followed the process completed in previous years without knowing previous practices were not appropriate. _____ stated it is unfortunate that the 2023 Council and Mayor should have been able to reap the benefits of an increase. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing. 11/14/22 -11- Motion passed unanimously. Mayor Elliott moved and Councilmember Graves seconded to approve Second Reading and adopt ORDINANCE NO. __ Maintaining the Current Salaries for the Mayor and Council for 2023 and 2024. Motion passed unanimously. 8b. AN ORDINANCE ADOPTING A UNIFIED DEVELOPMENT CODE AND AMENDING THE CITY CODE OF ORDINANCES BY REPEALING CHAPTERS 15 AND 34 AND REPEALING AND REPLACING CHAPTER 35 (PUBLIC HEARING AND FIRST READING) City Manager Reggie Edwards introduced the item and invited Assistant City Planner Olivia Boerschinger to make the staff presentation. Assistant City Planner Olivia Boerschinger explained in 2019, the City adopted the 2040 Comprehensive Plan and embarked on a major overhaul of the City’s current zoning (Chapter 35), sign (Chapter 34), and platting (Chapter 15) codes with consultant Bolton & Menk. City Staff have worked with Bolton & Menk to merge the three chapters into one, unified document (Unified Development Ordinance). Mike Thompson, Bolton & Menk Senior Urban Planner, thanked the Council for their time. As part of adoption of a new UDO, many properties within the City will be rezoned to align with the new regulations and new zoning districts. In addition, some existing zoning districts will be updated with new, more modern, regulations. The UDO hasn’t had a major update since the 1960s. The intent of the updated UDO therefore is to be a robust living, breathing document that modernizes City land use policies, and can be further revised and evolve over time. Mr. Thompson noted the code is being updated to align the code with the city’s 2040 Comprehensive Plan, 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, and improve customer service and regional competitiveness. The overall goal is to create a strong Zoning Code for city adoption, with the understanding it is to be a living document to be revised over time. Mr. Thompson explained 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. Mr. Thompson stated he Zoning Code is addressing steps outlined by the 2040 Comprehensive Plan including mixed-use districts, neighborhood commercial nodes, organize around transit, zoning 11/14/22 -12- flexibility in exchange for identified goals of sustainability, housing affordability, and affordable commercial spaces, multi-generational housing needs, home-based businesses, and supporting more housing options and more affordable home ownership, through strategies like ADU’s, Duplex’s, and mixed-use zoning. Mr. Thompson pointed out there has been a lot of community engagement efforts including info sheets, full drafts sections online, a taskforce, recorded webinars, online open houses, surveys, an interactive map, and online resources. Mr. Thompson showed a sign with a list of current districts in comparison to the proposed districts with corresponding colors. Mr. Thompson added the key updates include accessory dwelling units, single family home site standards, home occupations, clarified approval processes, land use definitions, and mixed-use and transit-oriented development districts. Ms. Boerschinger stated the UDO makes a number of changes that modernize the language and ensure that processes remain in compliance with State law. The process for review and adoption of planned unit developments (PUDs) has been amended to be processed as a conditional use permit (CUP) as opposed to a re-zoning of the particular parcel or parcels. Processing as a CUP eliminates the need for a re-zoning and an ordinance amending the Zoning Map, eliminates the City’s need to conduct a 1st and 2nd reading of an Ordinance, and other PUD requirements remain relatively unchanged. Ms. Boerschinger added the update and amendment of the Zoning Map and Code bring both into compliance with the 2040 Comprehensive Plan, including the identification of permitted uses in various zoning districts, and will create non-confirming uses and structures in various locations. Very generally, non-conforming uses and structures are allowed to continue, but they cannot expand or intensify the use. The intention is that non-conforming uses will be brought into compliance over time. Ms. Boerschinger explained Staff 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. A public hearing notice was published in the Brooklyn Center Sun Post on November 3, 2022. Mayor Elliott asked if the change adversely impacts any current structures. Mr. Thompson confirmed any structures that are currently legal will remain legal but cannot expand or intensify. Mayor Elliott asked if the Mosque would experience any rezoning. Mr. Thompson stated that parcel’s uses were not impacted. Councilmember Lawrence-Anderson asked if Chapters 15 and 34 are being repealed and is now being called Chapter 35. Ms. Boerschinger confirmed Chapters 15 and 34 would be repealed. Then Chapter 35 would be replaced with the proposed text. It will be called the Unified Development Ordinance. 11/14/22 -13- Councilmember Ryan asked what engagement was done with businesses and stakeholders. Mr. Thompson confirmed there was community engagement, but that occurred before his time with Bolton & Menk. He pointed out there was feedback gathered, but he would have to look up the specifics. Councilmember Ryan asked for the information to be provided before the second reading. Councilmember Lawrence-Anderson noted she has spoken to community members about the revisions. She asked for another copy of the presentation be sent out to the Council as the link isn’t working. Mayor Elliott moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mohamed D. stated some business owners are concerned about which locations were chosen to be rezoned. He asked if the adoption of the new Code would place existing structures out of compliance if there are relevant changes. Mr. Hill stated any structures that are currently legal will remain legal but cannot expand or intensify. Mayor Elliott stated the commenter is specifically asking about the Mosque. He asked if the property was rezoned. Mr. Hill there was a previous Code amendment to allow religious uses in the Mosque’s district, and there is a special use permit for the property. Ultimately, there aren’t any changes in the proposed draft that impact the Mosque’s parcel. (2:21:28) ____ stated he is with Pop Car Wash and has questions about the new sign regulations. Multiple customers reach out to him due to weather or issues with the Car Wash. The City should allow digital message centers for businesses to better communicate with the public. Douglas B. noted he is encouraged with the progressiveness in the ordinances, and he looks forward to continue working with the City. Councilmember Graves moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to approve a First Reading of an Ordinance regarding the adoption of the Unified Development Code and an amendment of the City Code of Ordinances by repealing Chapters 15 and 34 and repealing and replacing Chapter 35, and set the Second Reading for December 12, 2022. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 11/14/22 -14- 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION AWARDING THE SALE OF $4,670,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2022A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Dr. Edwards introduced the item and invited Ms. Holm to make the Staff presentation. Finance Director Angela Holm stated on October 10, 2022 the City Council adopted a resolution setting the date for the competitive negotiated sale of $4,670,000 General Obligation Improvement and Utility Revenue Bonds. The bond proceeds will be used to finance the construction of Woodbine Area Improvements including street reconstruction and utility infrastructure improvements. She introduced Doug Green of Baker Tilly to continue the presentation. Doug Green, a director at Baker Tilly, stated the sale was very successful. The previous years have been a tough environment. He showed a slide depicting the interest rate environment in Brooklyn Center. The yields from November 2021 to present have more than doubled. Mr. Green stated there were six bidders, and they will award bonds based on the lowest True Interest Cost (TIC), which was Robert W. Baird of 3.38 percent. Likely buyers are Minnesota-based separately managed accounts (SMA) and mutual funds. Mr. Green showed a table with details on the past sales. The amount has been between four and eight million dollars. He showed a table with post-sale pricing summary. The offered par amount for the bond sale pricing was $4,670,000. Bidding parameters allow flexibility that meets City and bondholder needs. Premium pricing reduces par amount in exchange for higher coupons. The new par amount is $4,335,000. Mr. Green showed a table of repayment by source of revenue. Different portions would be repaid by property tax levy, assessments, and the three utility funds. He noted Brooklyn Center retained an AA with a stable outlook. The negative outlook was removed. Minnesota cities tend to have high debt levels, but Brooklyn Center has a manageable debt level. Debt service as a percent of governmental fund expenditures is 13 percent. Mayor Elliott stated Brooklyn Center cannot get an AAA rating because of its size. Mr. Green stated it is a number of factors such as size and wealth of a city. Councilmember Ryan asked if the resolution was passed, the City would quote the new par amount. Mr. Green stated that would work, but they don’t have to be that specific. Councilmember Ryan moved and Mayor Elliott seconded to adopt RESOLUTION NO. ___ Awarding the Sale of General Obligation and Utility Revenue Bonds, Series 2022A fixing their form and specifications; directing their execution and deliver; and providing for their payment. 11/14/22 -15- Motion passed unanimously. 11. COUNCIL REPORT None. 12. ADJOURNMENT Mayor Elliott moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:36 p.m. Dr. Edwards asked to speak. Mayor Elliott stated he was entertaining a motion to adjourn. Councilmember Graves asked if she could share a Council report. Mayor Elliott stated they could share reports at the next meeting. Mayor Elliott asked Staff to include Council Report on the agenda. Motion passed unanimously. Mayor Elliott asked if there was anymore business before the Council. Ms. Suciu stated they were adjourned. 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. Attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on November 14, 2022. 2. That said meeting was held according 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 November 28, 2022, Regular Session. 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"#$ %0  // 1+)=; :  > :?0-% &*%::;<  4/*>>;// 1 1 &* <;:  &* %::;< D1  174)%0 : :9>0- &* %::;< %0  // 1+)=<> 9>: &*&- &* %::;> %0  // 1+)=;9 9:;:8  - &* %::;<      "#$ &*   1: C $  ::;&*&- &* %::;> - C A 1- C 7 EE@""  :><?+44  &* %::;<   % &*   1: C $  ::;&*&- &* %::;> - C A 1- C 7 EE@""  :><?+44  &* %::;<   &      )"5@  A> ;$-%  ) %::;;< ) 0   A?;:    7  %>:>; - $E"B ;? A  +) 7*%::< ;  '(    )    7 * 18 $ 9: "41-% &* %::;< " +5 =>; 990-% &* %::;< " +5 = >>9 > +0  *7* &* %::;< %0  // 1+)=; : > :?0-% &* %::;< %0  // 1+)=<> 9>: &*&- &* %::;> %0  // 1+)=;9 9:;:8  - &* %::;< @+ !A9 ;;&*&- &* %::;>  - A- 4A 1BC 45- 9 ; "41-% &* %::;<      **+ *   ,+)+!    )    -   )5( ''.+/'   )5 #) )     <9  &*)     F F    &*)  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 * * * 53 1 8 Q u e e n A v e N T w o F a m i l y I n i t i a l M a r g u e r i t e R H e r r m a n n t r u s t 9 Ty p e I I I T y p e I I I N / A 56 3 9 G i r a r d A v e N T w o F a m i l y I n i t i a l J u l i a n G u o & R u o f e i X u 24 T y p e I V T y p e I V N / A 21 1 8 E r i c o n D r S i n g l e I n i t i a l M a r c o P a n o r a 25 T y p e I V T y p e I V N / A 32 0 6 6 3 r d A v e N S i n g l e I n i t i a l L a m T h e N g u y e n 16 Ty p e I V T y p e I V N / A 55 3 5 C o l f a x A v e N S i n g l e I n i t i a l C h r i s t o p h e r N i c h o l l s 6 Ty p e I I T y p e I I N / A 68 1 2 F r e m o n t P l N S i n g l e I n i t i a l S h a r o n K M c g a r y 3 Ty p e I I T y p e I I N / A 72 2 2 D a l l a s R d S i n g l e I n i t i a l H e r m a n C a p P a r t n e r s 2 T y p e I T y p e I I N / A 13 0 2 6 9 t h A v e N Mu l t i p l e F a m i l y 4 B l d g s 1 2 7 U n i t s R e n e w a l A e o n H o l d i n g s 14 0 = 1 . 1 0 p e r un i t T y p e I I 10 c a l l s = 0 . 0 7 p e r u n i t 1/ 2 5 / 2 2 D i s t u r b a n c e 4/ 5 / 2 2 B u r g l a r y / B r e a k i n g & En t e r i n g 4/ 7 / 2 2 B u r g l a r y / B r e a k i n g & En t e r i n g 4/ 1 5 / 2 2 D i s t u r b a n c e 4/ 1 7 / 2 2 D i s t u r b a n c e 4/ 2 2 / 2 2 B u r g l a r y / B r e a k i n g & En t e r i n g 7/ 1 8 / 2 2 D i s o r d e r l y C o n d u c t 9/ 1 / 2 2 B u r g l a r y / B r e a k i n g & En t e r i n g 9/ 1 7 / 2 2 R o b b e r y 10 / 2 3 / 2 2 D i s t u r b a n c e No i m p a c t o n l i c e n s e c a t e g o r y T y p e I I T y p e I V 65 1 1 H u m b o l d t A v e N Mu l t i p l e F a m i l y 2 B l d g s 1 0 2 U n i t s R e n e w a l T h e P i n e s N o r t h L l c 81 = 0 . 7 9 p e r un i t T y p e I I 2 c a l l s = 0 . 0 1 p e r u n i t 6/ 1 9 / 2 D a n g e r o u s W e a p o n s 6/ 2 0 / 2 2 D a n g e r o u s W e a p o n s No i m p a c t o n l i c e n s e c a t e g o r y T y p e I I T y p e I V 53 3 7 - 3 9 Q u e e n A v e N T w o F a m i l y R e n e w a l E d i t h P e r l i n 21 Ty p e I V N / A T y p e I V T y p e I V 18 0 0 5 7 t h A v e N S i n g l e R e n e w a l Ze n a l d o A l o n s o C o n t r e r a s / C a r m e l a Al o n s o M o r a l e s 4 Ty p e I I N / A T y p e I I T y p e I I I Re n t a l L i c e n s e s f o r C o u n c i l A p p r o v a l 1 1 . 2 8 . 2 2 26 0 7 6 5 t h A v e N S i n g l e R e n e w a l O l u w a f e r a n m i A m u s a n 17 Ty p e I V N / A T y p e I V T y p e I I 29 2 4 6 7 t h L a N S i n g l e R e n e w a l I v a n T k a c h 0 Ty p e I N / A T y p e I T y p e I 35 1 2 7 2 n d A v e N S i n g l e R e n e w a l C o s c o P r o p e r t y I L l c 2 Ty p e I N / A T y p e I T y p e I 42 1 3 6 3 r d A v e N S i n g l e R e n e w a l B u s t e r F F a l l a h 7 Ty p e I I I N / A T y p e I V T y p e I V 54 1 2 1 / 2 F r e m o n t A v e N S i n g l e R e n e w a l G a r y A n a k k a l a 6 T y p e I I I N / A T y p e I I I T y p e I 60 0 7 G i r a r d A v e n S i n g l e R e n e w a l R & B M a n a g e m e n t L L C 17 T y p e I V N / A T y p e I V T y p e I I I 63 2 5 K y l e A v e N S i n g l e R e n e w a l C u o n g P h a m 1 Ty p e I N / A T y p e I V T y p e I V 64 3 7 K y l e A v e N S i n g l e R e n e w a l U n i t e d H m o n g I n v e s t m e n t s 12 T y p e I V N / A T y p e I V T y p e I I 69 1 9 F r a n c e A v e N S i n g l e R e n e w a l B e n j a m i n P A H e r m a n t i n E t A l 9 T y p e I I I N / A T y p e I I I T y p e I I 69 2 6 W e s t R i v e r R d S i n g l e R e n e w a l M a r k P i v e c 19 T y p e I V N / A T y p e I V T y p e I V 70 2 4 M o r g a n A v e N S i n g l e R e n e w a l Mc c l u r e P r o p e r t i e s L L C | C o r y Mc C l u r e 10 T y p e I V N / A T y p e I V T y p e I I I 70 3 7 P e r r y A v e N S i n g l e R e n e w a l V e r a D i x o n & M o l i z a R D e n n i s 4 Ty p e I I N / A T y p e I I T y p e I V *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 t 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 = 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                  !  " #$"  %&'"(! )*& +, -. ' / !*& +, (   0#-1   234  244 2) ' 4') 56 . ) 05 ' )-,                                                       &' (4( ''-, *& +, 4(04(&!7  " 2 (&8! !9('6 )  5 ' )-,   ' & (4 ' '*& +, 4(' & ' '' ('4(   )':' 2  44 2)'' ') 4)  (4; '45 '     '&        <    <       !   = 5 (( ( ""#$"    42 #4 4  ' 4'2( 2    5( Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DOUG CHRISTOPHER FOR OVER 41 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Doug Christopher has been an employee of the City of Brooklyn Center since September 21, 1981, and will retire December 16, 2022, after more than 41 years of dedicated public service to the City of Brooklyn Center and its citizens; and WHEREAS, Doug Christopher has consistently provided the City of Brooklyn Center and its residents with dedicated public service during his tenure working in the capacities of a Streets maintenance employee for over 41 years within the Public Works Department; and WHEREAS, Doug Christopher served as the Streets Division crew leader being responsible for overseeing all aspects of the Streets Division from 1996 until 2007 and was instrumental in the street sweeping operation achieving the City’s goals of the street sweeping policy; and WHEREAS, Doug Christopher is recognized for his consistency and reliability when it came to availability for after hours and emergency call backs and commitment to the community; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Doug Christopher has discharged his duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Doug Christopher is hereby recognized and appreciated by the City of Brooklyn Center. 1RYHPEHU, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.                    !"  #"               $   %$   $    &' (             !" # $      % !   &    '(%((()                    !  " #$" % &' (  !) * ** +,*  -#&(  ,, - ./ *. 0                )( !1  ,1 ,, - )2 *3!1 1,+    / 21 4 ,, -   ! ,03!,3 , ,! * 2  1   ,,+21 .1  ,!  51+/3  ,, ,/ *+ 210 4,,   (6, 01 +,,01*0, 21 ,, - 7   !   ! " #1,*/  1* 12 5/3 * !  *1 1  1  + 1 -5  3 , 11*  ,2*1   1 1211* 1/0 8212 ,, - ! 0 1.1                                              1,/ * , 2 !  2*/!*11 2*2 /112 ,, - !1.1 +,* 1 * /1 4,    1! 4,40+ 0 +1*04,1 *59 2/3111*0+ 0 +0/0**  1 !0 :1 1:  00!,+  /;2*, ++,*! ,+  114,*02   ) 0*2/3!1 ,, - < $  .  , =  2*1 02/11* !  !  ! "   # " #  "#  $ $ % " $$ %&'   ( ) &11* +!!/1 < *0 0 1 1 +,*   1   (  * 1 ** )*!+,* ++ ,- .+   ,0 #, , ,,   > +* 1/ 2 / 2 0 2 3 1 Br o o k l y n C e n t e r A r t I n t e g r a t i o n S t r a t e g i e s 1 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Ju x t a p o s i t i o n A r t s Op p o r t u n i t y S i t e R e v i e w Dr a f t M a s t e r P l a n & In f r a s t r u c t u r e F r a m e w o r k ( ad o p t e d ) Op p o r t u n i t y S i t e P u b l i c R e a l m Pu b l i c R e a l m T h e m e Al a t u s P h a s e 1 D e v e l o p m e n t Pu b l i c S p a c e D e s i g n 2 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 1/ 2 / 2 0 2 3 2 Ch o o s i n g a T h e m e 3 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Ju x t a p o s i t i o n A r t s E n v i r o L a b 䖩 No r t h M i n n e a p o l i s - b a s e d yo u t h d e s i g n s t u d i o 䖩 Ap p r e n t i c e s h i p m o d e l : st u d i o i s l e d b y a li c e n s e d a r c h i t e c t a n d a n ur b a n p l a n n e r 䖩 Tw o a p p r e n t i c e s l i v e i n Br o o k l y n C e n t e r ! 4 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 1/ 2 / 2 0 2 3 3 Ov e r v i e w |‘ C o n Àue n c i a ’ T h e m e 䖩 De ¿ni t i o n : J o i n i n g t o g e t h e r i n Àow 䖩 La n d o f 1 0 , 0 0 0 l a k e s 䖩 Ad j a c e n c y t o S h i n g l e C r e e k a n d Mi s s i s s i p p i n e a r b y 䖩 Na t i v e w a t e r p r o t e c t o r s 䖩 Wa t e r a s a u n i f y i n g n e e d , i m p o r t a n t in a l l c u l t u r e s 5 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Ov e r v i e w | ‘ M a n y W o v e n T h r e a d s ’ T h e m e 䖩 “W e a v i n g ” o v e r “ m e l t i n g p o t ” 䖩 Ma n y b e a u t i f u l c o l o r s t h a t d o n ’ t lo s e t h e i r i n t e g r i t y b y b e i n g p a r t o f a t a p e s t r y w i t h o t h e r s 䖩 Re f e r e n c e t o a c u l t u r a l a n d co m m e r c i a l p r a c t i c e o f m a k i n g 䖩 Na m e s r e Àec t c o m m o n a l i t i e s a c r o s s cu l t u r e s t o m a k e , t r a v e l , a n d l i v e 6 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 1/ 2 / 2 0 2 3 4 St r e e t N a m i n g C o n c e p t s St r e e t N a m i n g | M u l t i l i n g u a l S t r e e t S i g n s 8 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 1/ 2 / 2 0 2 3 5 St r e e t N a m e s |C o n Àue n c i a 9 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Se l e c t e d s t r e e t n a m e s . 䖩 Ch o s e n f r o m t o p 1 0 la n g u a g e s s p o k e n i n B C 䖩 Al i g n e d t o u s e o f s t r e e t St r e e t N a m e s | M a n y W o v e n T h r e a d s 10 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Se l e c t e d s t r e e t n a m e s . 䖩 Ch o s e n f r o m t o p 1 0 la n g u a g e s s p o k e n i n B C 䖩 Al i g n e d t o u s e o f s t r e e t 1/ 2 / 2 0 2 3 6 Ga t e w a y S c u l p t u r e s Ga t e w a y S c u l p t u r e | D e s i g n P r o c e s s 12 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 1/ 2 / 2 0 2 3 7 Ga t e w a y S c u l p t u r e |C o n Àue n c i a 13 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Ga t e w a y S c u l p t u r e | M a n y W o v e n T h r e a d s 14 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 1/ 2 / 2 0 2 3 8 St r e e t s c a p e s La m p w r a p an d b a n n e r s 16 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Cu s t o m Bi k e r a c k s Ne w p l a n t e r ty p e Co n Àue n c i a Sh a d e s t r u c t u r e Ar t i s t i c fo u n t a i n Co n Àue n c i a pa v e m e n t pa t t e r n s Co n Àue n c i a | P a r k w a y f r o m J o h n M a r t i n D r i v e 1/ 2 / 2 0 2 3 9 La m p w r a p an d b a n n e r s 17 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Cu s t o m Bi k e r a c k s Ne w p l a n t e r ty p e “W o v e n ” Sh a d e s t r u c t u r e Ar t i s t i c fo u n t a i n “W o v e n ” pa v e m e n t pa t t e r n s Ma n y W o v e n T h r e a d s | P a r k w a y f r o m J o h n M a r t i n D r i v e Co n Àue n c i a | P a r k w a y f r o m S h i n g l e C r e e k 18 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 Ga t e w a y El e m e n t La m p w r a p an d b a n n e r s Cu s t o m Bi k e r a c k s Ne w p l a n t e r ty p e Co n Àue n c i a sh a d e st r u c t u r e Co n Àue n c i a b a n d s i n si d e w a l k a n d b i k e p a t h Co n c r e t e be n c h e s 1/ 2 / 2 0 2 3 10 Ga t e w a y a r c h 19 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i e s | 1 1 . 2 8 . 2 2 La m p w r a p an d b a n n e r s Cu s t o m Bi k e r a c k s Ne w p l a n t e r ty p e Wo v e n Sh a d e st r u c t u r e Wo v e n b a n d s i n si d e w a l k a n d b i k e p a t h Co n c r e t e be n c h e s Ma n y W o v e n T h r e a d s | P a r k w a y f r o m S h i n g l e C r e e k Ch o o s i n g a T h e m e 20 B r o o k l y n C e n t e r O p p o r t u n i t y S i t e | A r t I n t e g r a t i o n S t r a t e g i 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' @.1(  5  19 ) . )) . .   8 0, /('-    ./*-  ))(1.( '   '5'-F!    .))(!-..*0 *090        5  .51 .'-!   ' . .))  )!-. 5  '  . 45.- '( 1; 4  ')'51.)) .     . 5 .( '' ?.-   ! "  !  # & ( '' ' $$ %& $   )5 #) )  BC09  %-  )5   *0)  ( * 6    *0)  ( * 6    *0)  ))   B 9 5 MNWT 2023 Workplan Summary Draft for review The unified destination of Brooklyn Center and Brooklyn Park (“the Brooklyns”) has the opportunity to better leverage the visitor economy by building on the cities’ diversity and positioning the destination as an ideal location for visitors wanting to access the attractions/amenities to the north/northwest of Minneapolis. The Brooklyns should also continue to promote the easy of access to Minneapolis and the value of the lodging options in both cities. As the DMO transitions to representing Brooklyn Center and Brooklyn Park exclusively, MNWT will need to focus its efforts on: 1. Building relationships within the destination, including: x A stronger working relationship with the two cities x Connections with cultural communities (through support for events) x Updating/refining how the organization supports hoteliers and venues in the cities 2. Continuing to re-position the two cities as a unified destination (on the website and external and internal messaging) 3. Understanding the current visitor profile and building strategies to reach desired visitor targets To this end, the President and CEO should: Create an engagement plan to reengage with destinations partners in the cities 1. Individual and group meetings with hoteliers and venue operators to understand these stakeholders’ expectations of MNWT in supporting group sales efforts and/or providing market intelligence to support, especially in consideration of the updated positioning of the destination. 2. Build an inventory of the hospitality infrastructure in the two cities and support efforts to create a unified digital “persona” for the destination (Consider using Miles Partnership’s Destination Optimization program to standardize how attractions/amenities in the cities “show” on Google searches) Build a “Connectors” program for the destination 1. Identifying individuals/organizations in the city that are holding events or have visitor facing attractions which reflect the diversity and character of the cities. 2. Encourage these “connectors” to use their relationships with external audiences and work to bring visitors to the Brooklyns. 3. Provide the connectors collateral/messaging to pique/secure interest in the Brooklyns 4. Work on behalf of connectors with venues and hotels to enhance the visitor/guest experience Manage and adjust marketing/sales efforts 1. Adjust marketing plans to reflect opportunity to position the destination as an ideal location for visitors wanting to access diverse attractions/amenities in close proximity to Minneapolis 2. Adjust sales approach to support identified needs of the hoteliers 3. Share business intelligence/data with hoteliers/venues on a regular basis Build reporting mechanism to show progress 1. In collaboration with the Board, develop a set of annual goals for the year 2. Develop and seek approval for a set of metrics by which the MNWT program will be evaluated 3. Set regularly scheduled updates for the professional staffs City Councils of both cities Brooklyn Center and Brooklyn Park on progress in the above efforts outside the Board meetings. 4. Report on progress on attaining goals at each Board meeting Job Description: MNTB President/CEO Draft for review Summary: Directs all strategic initiatives and leads/manages the working team towards accomplishing the mission of the destination organization. Build and maintain strong relationships within both cities and their respective businesses. Acts as primary spokesperson for the organization. Reports directly to the Board of Directors Job Description: The President of the destination organization is responsible for crafting and managing the strategies of the destination management and marketing organization. This position works closely with the Board of Directors and staffing of each city to illustrate the destination experiences that can be enjoyed in the two cities and overall value of tourism development to Brooklyn Center and Brooklyn Park. The President leads the staff to determine and advance the organization’s strategies, the destination’s brand, and the relationships with the community. Concentrated reporting of direction, efforts, and results is vital to the success of this position and the organization. As primary spokesperson, the President takes an active role in communicating the positive direction of the destination and managing the crisis communication messages. Illustrative Tasks x Prepares and administers the annual budget for the destination organization serving the Brooklyns to effectively implement all the related aspects of the organization’s strategic plan. x Oversees all facets of the organization’s marketing and saleswork plan through managing and support the team members and cooperative marketing partners. This includes being an active leader within content development storylines, social media marketing, sales positioning, contact connections, relationship development, and converting bookings. x Hires, trains, and supervises all team members. x Develops reporting materials for presentations and updates to industry members, City officials, media and Board of Directors. x Evaluates effectiveness and efficiency of all programming. x Reports directly to the Board of Directors. 1 This instrument constitutes the Bylaws of the North Metro Minneapolis Convention and Visitors Bureau, also doing business as “XXXXX,” a Minnesota nonprofit corporation (the “Corporation”). The Corporation is incorporated under and pursuant to the Minnesota Nonprofit Corporation Act, Minnesota Statues Chapter 317A, as amended (the “Act”). The Bylaws help to regulate and manage the internal affairs of the Corporation. ARTICLE I General Purpose and OFFICE The specific purposes of the Corporation shall include, but not be limited to: x Promote the cities of Brooklyn Center and Brooklyn Park, Minnesota as a combined destination for visitors by amplifying the brand of the two cities, attracting meetings/conferences/sports, and supporting signature events that allow guests to experience the unique character of the cities. x Provide leadership and engagement with each community and the various hospitality and tourism businesses and organizations that help provide the area’s visitor experience. x Support the economic well-being, cultural diversity, and overall identity of both Brooklyn Center and Brooklyn Park by encouraging overnight stays in the cities. The principal and registered office of the Corporation shall be located within one of the cities whose lodging tax funds are administered by this Corporation. ARTICLE II NAME The Corporation, North Metro Minneapolis Convention & Visitors Bureau shall do business under its dba name, Minneapolis Northwest Tourism XXXXX. ARTICLE III MEMBERS BYLAWS of Minneapolis Northwest Tourism 2 Section 1. Members of the Corporation The Members of the Corporation shall be the following: (A) The Cities The City of Brooklyn Center and the City of Brooklyn Park, both of which have passed a Lodging Tax Resolution for collection of Lodging Tax under Chapter 469.190 of Minnesota Statutes and whose funds from such taxes are administered by this Corporation. (B) Hotels and motels in such cities as set forth above. (C) Area attractions, venues, and tourism-affected businesses as deemed appropriate by the Board of Directors (D) Any other person or entity named to the Board of Directors who is not listed above. Section 2. Voting MembersAppointed Members Members of the corporation can be appointed to the Board of Directors. The Board of Directors vote on all matters for the Corporation. Each Member of the Corporation (City, Hotel or Motel, and appropriate attraction or venue, or other individual or entity) shall be entitled to be represented by one voting member at the Annual Meeting of the Members of the Corporation. ARTICLE IV-BOARD OF DIRECTORS Section 1. Size of Board The number of Directors shall not be less than seven (7), nor more than fifteen nine (159). Section la. Board Responsibilities The government and policy-making responsibilities of Minneapolis Northwest Tourism shall be vested in the Board of Directors, which shall control its property, be responsible for its finances, direct its affairs and establish policy. It shall be the obligation of the Board of Directors working collaboratively with the municipalities of Brooklyn Center and Brooklyn Park to insure representation on the Board and its committees from all appropriate stakeholders within its service areaMembers of the Corporation. Powers and Duties of the Board of Directors shall include, but not be limited to 1. Election of Officers 2. Employ President & CEO 3. Keep the two cities and Director’s constituent base informed of the Corporation’s activities 4. Serve as an advocate and ambassador for tourism and hospitality in both cities Section 2. Appointed Representation Each member City mustay appoint: • One (1) representative from a hotel or lodging property in the member City • One (1) representative from the cities respective City Council • One (1) professional staff appointee from the respective city Attendance, engagement and participation one (1) Director to the Board of Directors. The term of any Director appointed by a member City shall immediately cease upon the tennination of membership of that member-city in the Corporation. Section 2a. Appointed City Representation, Alternates Each Member City may designate one (1) named individual representative to participate as an Formatted: Right: 0.42" 3 Alternate in all board meetings and with actions in the event that the city appointed (City Council or professional staff) is unable to attend. If both the Appointed Representative and the designated Alternate are present at the same meeting, both may sit at the table and be included in any and all discussion. However, only iIn the absence of the City's Appointed Representative, may the Alternate will be allowed to vote in place of the Appointed City Representative. Section 3. Elected Representation Board Appointed Directors A slate of candidates of no less than onethree (13) and up to (35) representatives from area lodging properties, attractions, venues, appropriate tourism affected businesses, or other persons or entities deemed appropriate by the Board of Directors shall be identified and recruited by the Board of Directors.The other Directors shall be elected at the Annual Meeting of the Corporation to be held by the end of January each year. Elected members should include one hotelier from each member city. The balance of the elected representatives shall be from area attractions, venues, appropriate tourism affected businesses, or other persons or entities deemed appropriate by the Board of Directors. The Secretary shall present the slate of candidates identified and agreed upon by the Board of Directors for consideration at the December Board Meeting. The Elected Board Members will be confirmed by a two- thirds (2/3) vote of the current Board Members. Section 3a. Ex-Officio RepresentationNon-Voting Directors Ex-Officio Board Members may be appointed by a majority vote of the Board of Directors of the Minneapolis Northwest Tourism during a regular board meeting. All Ex-Officio Board Members will receive notices of meetings and minutes. Any Ex-Officio Board Member may participate in discussions, make motions, and serve on committees. Ex-Officio Board Members may not vote as a Board Member. The term of any Ex-Officio Board Member shall immediately cease upon the termination of membership of that member-city in the Corporation, or on December 31st of the year in which they were voted onto the Board. Section 4. Nomination of Candidates Candidates for election to the Board of Directors may be nominated by any corporate Member. Names of candidates for election shall be submitted to the Secretary of the Corporation by the 15th day of November each year. Commented [DH1]: Discussion on whether there is a higher number than this. Commented [MCV2R1]: The MNWT Board could raise the number of potential Board members/candidates as they choose. Given the larger number, I would suggest being explicit that the persons or entities should be from the two cities or have a substantial interest in the two cities. Not including such a phrase will not place the bylaws in non- compliance, but would indicate the organization's new focus being to represent and promote the two cities. Commented [MCV3]: The MNWT Board indicated they would prefer to keep this mechanism. Inclusion would not impact the conditions for rescinding withdrawal. 4 Section 54. Terms Term of office for all Directors shall be up to three (3) years. Elected Directors may be re- elected to serve a maximum of two consecutive three (3) year terms. For the initial Board of the Corporation governed by the amended by-laws: x The two City Council members and professional staff appointed by their respective city will serve an initial term of three (3) years. x The remaining directors (appointed and elected) will randomly draw to be assigned to a staggered set of terms each of which is eligible for two re-elected terms of three years: o 50% of remaining directors – initial term of one (1) year o 50% of remaining directors – initial term of two (2) years After the appointment and election of the initial Board governed by the amended by-laws, Aall terms begin the year in which a director is seated on the board, regardless of whether it is a new position or a vacancy. All terms, elected or appointed, end on December 31st. The term of any elected or appointed Director shall immediately cease upon the termination of membership of that member-city in the Corporation. Section 65. Absences Extended Terms The Directors, by a two-thirds (2/3) vote at a regular meeting may elect a Director for a longer term of the office. That election must be confirmed by the Members of the Corporation at their next annual meeting. Any Director who misses three (3) consecutive meetings or accrues four (4) absences within a twelve-month period, without a valid reason given to a Board Officer, may result in his/her membership on the board to be terminated. Upon motion of a sitting board member, termination shall be determined by simple majority of attending board members by ballot vote at a regularly scheduled meeting of the board. Section 6a. Officers in Succession Any Officer elected into succession shall be extended their regular term or consecutive terms as a Director until the obligations of such positions are fulfilled. Typical succession is as follows: Vice Chair to Chair of the Board, to Immediate Past Chair. Section 6. Policies and Code of Conduct All board members elected or appointed must agree and sign the Corporations Board Policies/Procedures and Code of Conduct. ARTICLE V OFFICERS Section 1. Com position The officers of this Corporation shall be the Chair of the Board, one or more Vice Chairs, Secretary, Treasurer, and the Immediate Past Chair of the Board. Section 2. Election of Officers Officers shall be elected annually for terms of one (1) year by the Board of Directors immediately following the Annual Meeting of the Members. Formatted: Right: 0.71", Footer distance from edge: 0.3" Formatted: Indent: Left: 0", First line: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Bulleted + Level: 2 + Aligned at: 0.75" + Indent at: 1" Formatted: Heading 3, Right: 0", Space Before: 0 pt, Line spacing: single Formatted: Indent: Left: 0.19" Formatted: Normal, Indent: Left: 0.19" Formatted: Font: Bold Formatted: Right: 3.22" 5 Section 3. Inclusion The officers should include at least one (1) City Representative from each city and at least one (1) Hotelier. Section 4. Nomination of Candidates Candidates for election to the Board of Directors may be nominated by any Member of the Corporation. Names of candidates for election shall be submitted to the Secretary of the Corporation by the I 5th day of November each year. 6 ARTICLE VI DUTIES OF OFFICERS Section 1. Chair of the Board The Chair of the Board shall have overall supervision of the business of the Corporation and shall direct the affairs and policies of the Corporation, subject to such policies and directions as may be provided by the Board of Directors. The Chair of the Board shall preside at all meetings of the Board of Directors, as well as at Executive Committee meetings. Section 2. Vice Chair The Vice Chair(s) shall exercise and perform the duties of the Chair of the Board, in the Chair of the Board's absence and/or inability to serve. The Vice Chair(s) shall also have such powers and shall perform such duties as may be assigned to them by the Chair of the Board or the Board of Directors. Section 3. Secretary The Secretary shall attend all meetings of the Members, Board of Directors and Executive Committee. The secretary shall keep proper minutes of such meetings, and work with staff to give all required notices, keep membership records, and shall perform such other duties as may be assigned by the Chair of the Board or the Board of Directors. The Secretary will take the lead on working with the remainder of the Board to identify and tor identifying for recruit a slate of electedidentified, potential board members. The Secretary will be responsible for bringing the slate to the full Board for its consideration. Section 4. Treasurer The Treasurer shall oversee all funds of the Corporation. Working with the staff, the Treasurer shall keep an accurate account of all receipts and disbursements, deposit all monies in the name of the Corporation in such banks or depositories as the Board of Directors shall designate, disburse funds of the Corporation as directed by the Chair of the Board or the Board of Directors and perform such other duties as may be assigned by them. Section 5. Immediate Past Chair of the Board The Immediate Past Chair of the Board shall serve on the Executive Committee as an Ex-officio member of the Board, assist the Chair of the Board, preside at the next annual meeting of the Corporation, and perform such duties and functions as may be assigned by the Chair of the Board or suggested by the Board of Directors. ARTICLE VII COMMITTEES Section 1. Executive Committee The Executive Committee, consisting of the Officers set forth above and one or more additional members as the Board of Directors may determine, will function and carry out Board duties and responsibilities between Board of Directors meetings, subject to the direction and control of the Board 7 of Directors. Section 2. Others 8 Other Committees may be appointed by the Chair of the Board, and/or the Board of Directors as needed. ARTICLE VIII EXECUTIVE DIRECTORPRESIDENT/CEO Section 1. The Board of Directors shall hire a full-time president/chief operating officer to be named President /CEO. Such person shall be responsible for the day-to-day functioning of the Corporation. Corporation and may be entrusted with the duties and responsibilities of any of the officers, as determined by the Board of Directors. The President/CEO shall be a non-voting, Ex-officio Member to the Corporation(s) Board of Directors. ARTICLE IX MEETINGS Section 1. Annual Meeting A meeting of Members shall be held during January of each year at a time and place set by the Board of Directors. Section 2. Regular Meetings The Board of Directors shall meet at least four six (46) times per year at a time and place selected by the Chair of the Board of the Corporation. Section 3. Executive Committee Meetings The Executive Committee shall meet at least six (6) times per year at the call of the Chair of the Board, and at such other times that the business of the Corporation requires. Section 4. Notice of Meetings Notice of Board of Directors Annual Meeting shall be distributed to each member at least two (2) weeks before the meeting date. Notice of Board of Director meetings shall be distributed to Directors at least ten (10) days before the meeting date. Notice of Executive committee meetings shall be distributed to committee members at least five (5) days prior to the meeting. ARTICLE X NOTICE OF MEETINGS Section 1. Whenever, under the provisions of Minnesota Statutes, the Articles of Incorporation or these By-Laws, notice is required to be given to a Member, a Director or a member of a committee, such notice may be given in writing by depositing it in the United States mail (first class postage prepaid) or by electronic mail (Email), or facsimile (fax), addressed to such person as his or her address appears on the books of the Corporation or at his or her business address. Notice shall be deemed at the time it is deposited in the United States mail or sent by Email, or fax. Such requirement for notice shall be deemed satisfied, except where written notice is required by law, if actual notice is received orally or in written form by the person entitled thereto as far in advance of the event with respect to which notice is given as the minimum notice period required by law or these By-Laws. Formatted: Right: 2.8" 9 Section 2. Waiver of Notice. Whenever any notice is required to be given by Minnesota Statutes, the Articles of Incorporation, or these By-Laws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before, or after the time stated therein, shall be deemed equivalent thereto. Attendance by such a person at a meeting shall constitute a waiver of notice of such meeting, except when the person attends a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting or the Members, Directors or committee members need be specified in any written waiver of notice unless so required by statute. Any meeting of Members of the Board of Directors or of a committee of the Board shall be a legal meeting without any notice thereof having been given if all Members, all Directors or all committee members, as the case may be, are present. ARTICLE XI SPECIAL MEETINGS Section 1. Special meetings of the Board of Directors may be called by the Chair of the Board and shall be called upon written demand of any three (3) Directors addressed to the Chair of the Board, to the Secretary or to the President/CEO, stating the object or purpose thereof. Notice of such meeting shall be delivered to each Director at least five (5) days before the date on which the meeting is to be held. The notice shall state the time, place and purpose of the meeting. The same provisions shall apply to Special Meetings for Members of the Corporation. ARTICLE XII QUORUMS Section 1. A majority of all Members or of all Board of Directors, as the case may be, shall constitute a quorum for the purpose of transacting business at any annual, regular or special meeting. In the absence of a quorum, a majority of the Members or Directors present may adjourn the meeting, without notice other than announcement at the meeting, until a quorum is present. The Members or Directors present at the meeting at which a quorum is present may continue to transact business until adjournment, notwithstanding the withdrawal of enough Directors to leave less than a quorum. ARTICLE XIII VOTING BY PROXY Section 1. In no instance may a member, director, officer or committee member vote by proxy. If a quorum is not present, the meeting must be adjourned without action and a new meeting must be scheduled, allowing for proper and timely notification. Commented [DH4]: Dan Ryan asks if it is possible to state a minimum quorum. Is that 6? Commented [MCV5R4]: The MNWT Board could set a minimum as Councilmember Ryan suggested. Setting the quorum would not impact the conditions for rescinding withdrawal. 10 ARTICLE XIVII ACTION WITHOUT MEETING Section 1. Unless otherwise restricted by Minnesota Statutes or the Articles of Incorporation, any action of Members, Directors, or of any committee thereof, may be taken without a meeting if a written consent thereto is signed by all members, all Directors or committee members and such written consent is filed with the minutes of the meeting of Members, Directors or committee, as the case may be. ARTICLE XV CONTRACTS, CHECKS, DRAFTS, BANK ACCOUNTS, ETC. Section 1. Contracts, etc. - How Executed. Except as otherwise provided in these By-Laws, the Board of Directors may authorize any two (2) officers of the Corporation to enter into any contract or execute and deliver any instrument in the name of or on behalf of the Corporation. Such authority may be general or confined to specific instances. Unless so authorized by the Board of Directors, no officer shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or for any amount. Section la. The Corporation may exercise a bid or request for proposal process on projects which exceed dollar amounts determined by the Executive Committee. Section 2. Loans. No loan shall be contracted on behalf of the Corporation and no negotiable paper shall be issued in its name unless authorized by the Board of Directors. When so authorized, any two (2) officers of the Corporation may execute and deliver promissory notes or other evidence of indebtedness of the Corporation, and as security for the payment of loans, advances, and liabilities of the corporation, any mortgage, pledge, or transfer real or personal property held by the corporation. Section 3. Checks, Drafts, Etc. All checks, drafts, or orders for the payment of money issued in the name of the Corporation shall be signed by the President/CEO and/or one (1) or more officers of the corporation in such manner as authorized by the Board of Directors. Section 4. Deposits. All funds of the Corporation shall be deposited to the credit of the Corporation under such conditions and in such banks, trust companies, or other depositories as the Board of Directors may designate. Section 5. Conflicts oflnterest. No Officer or Director of this Corporation shall serve in a capacity and/or vote on matters of the Corporation which may directly involve or benefit said Officer or Director. 11 ARTICLE XIVI OFFICER REMOVAL- RESIGNATION Section 1. Any officer may be removed either with or without cause by a two-thirds (2/3) vote of the whole Board of Directors. Section 2. Any officer may resign at any time by giving written notice to the Chair of the Board, Secretary, or President/CEO of the Corporation. Such resignation shall take effect on the date of the receipt of such notice or any later time specified therein. ARTICLE XVII DIRECTOR RESIGNATION - REMOVAL Section 1. Any Director may resign at any time by giving written notice to the Chair of the Board, Secretary, or President/CEO of the Corporation. Such resignations shall take effect on the date of the receipt of such notice or at any time specified in the resignation. The acceptance of such resignation shall not be necessary to make it effective. Section 2. The Board of Directors, by two-thirds (2/3) vote of the entire Board, at any regular meeting or at a special meeting called for that purpose, may remove a member of the Board of Directors with or without cause, provided that requisite notice is given of the pending removal and that an affirmative vote of at least six directors is cast to remove the Director. Section 3. All vacancies of the Board caused by death, resignation, or removal may be filled by action of the Board of Directors. Section 4. Absenteeism. The Board of Directors, by two-thirds (2/3) vote of the entire Board, at any regular meeting or at a special meeting called for that purpose may remove a member of the Board of Directors with or without cause, due to that member having two (2) or more unexcused absences from meetings annually. ARTICLE XVIII BY-LAWS AMENDMENTS Section 1. Amendments to these By-Laws may be adopted by Board of Directors at any meeting of the Board called for that purpose, and upon a two-thirds (2/3) affirmative vot e. 12 At least ten (10) days' notice shall be given to Board members together with a ,,. ... , 13 copy of the proposed amendments. Section 1. ARTICLE XIXI FISCAL YEAR The fiscal year of the Corporation shall begin on January 1 of each year and end on December 31 of each year. It shall be the responsibility of the Board of Directors to adopt a budget for the forthcoming fiscal year. It shall be the responsibility of the President/CEO and Treasurer to refrain from engaging in or completing, any action of any kind whatsoever which may result in the Corporation exceeding total budgeted expenditures for that fiscal year without first advising the Chair of the Board regarding the nature of the probable excess and having secured from the Board of Directors authorization to proceed. ARTICLE XIIX-INSURANCE Section 1. Each Director and Officer, whether or not then in office, shall be indemnified by the Corporation against costs and expenses reasonably incurred by him/her in connection with any action, suit or proceeding in which he/she may be involved by reason of his/her being or having been a Director or Officer of the Corporation, except in relation to matters as to which he/she be finally adjudged in any such action, suit or proceeding in which he/she may be involved by reason of his/her being or having been a Director of Officer of the Corporation, except in relation to matters as to which he/she shall be finally adjudged in any such action, suit or proceeding to be or to have been derelict in the performance of his/her duty as such Director or Officer. The foregoing right of indemnification shall not be exclusive of the rights to which a Director or Officer may be entitled as a matter of law. ARTICLEXIVXI FINANCIAL ACCOUNTING AND REPORTING Section 1. The Officers of the Corporation and particularly the President/CEO shall adhere to all requirements set forth in Minnesota Statutes 469.190 relating to funds received from city lodging taxes, as well as the respective cities' accounting and reporting requirements. ADOPTION The foregoing Bylaws of Minneapolis Northwest Tourism were duly amended, approved, and adopted by a majority of those voting members present at the _______ board meeting immediately following the Annual Meeting of the Corporation on January 25, 2019. 1 This instrument constitutes the Bylaws of the North Metro Minneapolis Convention and Visitors Bureau, also doing business as “XXXXX,” a Minnesota nonprofit corporation (the “Corporation”). The Corporation is incorporated under and pursuant to the Minnesota Nonprofit Corporation Act, Minnesota Statues Chapter 317A, as amended (the “Act”). The Bylaws help to regulate and manage the internal affairs of the Corporation. ARTICLE I General Purpose and OFFICE The specific purposes of the Corporation shall include, but not be limited to: x Promote the cities of Brooklyn Center and Brooklyn Park, Minnesota as a combined destination for visitors by amplifying the brand of the two cities, attracting meetings/conferences/sports, and supporting signature events that allow guests to experience the unique character of the cities. x Provide leadership and engagement with each community and the various hospitality and tourism businesses and organizations that help provide the area’s visitor experience. x Support the economic well-being, cultural diversity, and overall identity of both Brooklyn Center and Brooklyn Park by encouraging overnight stays in the cities. The principal and registered office of the Corporation shall be located within one of the cities whose lodging tax funds are administered by this Corporation. ARTICLE II NAME The Corporation, North Metro Minneapolis Convention & Visitors Bureau shall do business under its dba name, XXXXX. ARTICLE III MEMBERS BYLAWS of Minneapolis Northwest Tourism 2 Section 1. Members of the Corporation The Members of the Corporation shall be the following: (A) The City of Brooklyn Center and the City of Brooklyn Park, both of which have passed a Lodging Tax Resolution for collection of Lodging Tax under Chapter 469.190 of Minnesota Statutes and whose funds from such taxes are administered by this Corporation. (B) Hotels and motels in such cities as set forth above. (C) Area attractions, venues, and tourism-affected businesses as deemed appropriate by the Board of Directors (D) Any other person or entity named to the Board of Directors who is not listed above. Section 2. Appointed Members Members of the corporation can be appointed to the Board of Directors. The Board of Directors vote on all matters for the Corporation. ARTICLE IV-BOARD OF DIRECTORS Section 1. Size of Board The number of Directors shall not be less than seven (7), nor more than nine (9). Section la. Board Responsibilities The government and policy-making responsibilities of Minneapolis Northwest Tourism shall be vested in the Board of Directors, which shall control its property, be responsible for its finances, direct its affairs and establish policy. It shall be the obligation of the Board of Directors working collaboratively with the municipalities of Brooklyn Center and Brooklyn Park to insure representation on the Board and its committees from all appropriate Members of the Corporation. Powers and Duties of the Board of Directors shall include, but not be limited to 1. Election of Officers 2. Employ President & CEO 3. Keep the two cities and Director’s constituent base informed of the Corporation’s activities 4. Serve as an advocate and ambassador for tourism and hospitality in both cities Section 2. Appointed Representation Each member City must appoint: • • One (1) representative from the cities respective City Council • One (1) professional staff appointee from the respective city . Section 2a. Appointed City Representation, Alternates Each Member City may designate one (1) named individual representative to participate as an Alternate in board meetings with actions in the event that the city appointed (City Council or professional staff) is unable to attend. In the absence of the City's Appointed Representative, the Alternate will be allowed to vote in place of the Appointed City Representative. Section 3. Board Appointed Directors 3 A slate of candidates of no less than three (3) and up to (5) representatives from area lodging properties, attractions, venues, appropriate tourism affected businesses, or other persons or entities deemed appropriate by the Board of Directors shall be identified and recruited by the Board of Directors. The Secretary shall present the slate of candidates identified and agreed upon by the Board of Directors for consideration at the December Board Meeting. The Elected Board Members will be confirmed by a two- thirds (2/3) vote of the current Board Members. Section 3a. Non-Voting Directors Ex-Officio Board Members may be appointed by a majority vote of the Board of Directors of the Minneapolis Northwest Tourism during a regular board meeting. All Ex-Officio Board Members will receive notices of meetings and minutes. Any Ex-Officio Board Member may participate in discussions, and serve on committees. Ex-Officio Board Members may not vote as a Board Member.. Section 4. Nomination of Candidates Candidates for election to the Board of Directors may be nominated by any corporate Member. Names of candidates for election shall be submitted to the Secretary of the Corporation by the 15th day of November each year. 4 Section 4. Terms Term of office for all Directors shall be up to three (3) years. Elected Directors may be re-elected to serve a maximum of two consecutive three (3) year terms. For the initial Board of the Corporation governed by the amended by-laws: x The two City Council members and professional staff appointed by their respective city will serve an initial term of three (3) years. x The remaining directors (appointed and elected) will randomly draw to be assigned to a staggered set of terms each of which is eligible for two re-elected terms of three years: o 50% of remaining directors – initial term of one (1) year o 50% of remaining directors – initial term of two (2) years After the appointment and election of the initial Board governed by the amended by-laws, all terms begin the year in which a director is seated on the board, regardless of whether it is a new position or a vacancy. Section 5. Absences Any Director who misses three (3) consecutive meetings or accrues four (4) absences within a twelve-month period, without a valid reason given to a Board Officer, may result in his/her membership on the board to be terminated. Upon motion of a sitting board member, termination shall be determined by simple majority of attending board members by ballot vote at a regularly scheduled meeting of the board. Section 6. Policies and Code of Conduct All board members elected or appointed must agree and sign the Corporations Board Policies/Procedures and Code of Conduct. ARTICLE V OFFICERS Section 1. Com position The officers of this Corporation shall be the Chair of the Board, one Vice Chair, Secretary, Treasurer, and the Immediate Past Chair of the Board. Section 2. Election of Officers Officers shall be elected annually for terms of one (1) year by the Board of Directors. Section 3. Inclusion The officers should include at least one (1) City Representative from each city and at least one (1) Hotelier. ARTICLE VI DUTIES OF OFFICERS Section 1. Chair of the Board The Chair of the Board shall have overall supervision of the business of the Corporation and shall 5 direct the affairs and policies of the Corporation, subject to such policies and directions as may be provided by the Board of Directors. The Chair of the Board shall preside at all meetings of the Board of Directors, as well as at Executive Committee meetings. Section 2. Vice Chair The Vice Chair shall exercise and perform the duties of the Chair of the Board, in the Chair of the Board's absence and/or inability to serve. The Vice Chair shall also have such powers and shall perform such duties as may be assigned to them by the Chair of the Board or the Board of Directors. Section 3. Secretary The Secretary shall attend all meetings of the Members, Board of Directors and Executive Committee. The secretary shall keep proper minutes of such meetings, and work with staff to give all required notices, keep membership records, and shall perform such other duties as may be assigned by the Chair of the Board or the Board of Directors. The Secretary will take the lead on working with the remainder of the Board to identify and recruit a slate of identified, potential board members. The Secretary will be responsible for bringing the slate to the full Board for its consideration. Section 4. Treasurer The Treasurer shall oversee all funds of the Corporation. Working with the staff, the Treasurer shall keep an accurate account of all receipts and disbursements, deposit all monies in the name of the Corporation in such banks or depositories as the Board of Directors shall designate, disburse funds of the Corporation as directed by the Chair of the Board or the Board of Directors and perform such other duties as may be assigned by them. Section 5. Immediate Past Chair of the Board The Immediate Past Chair of the Board shall serve on the Executive Committee as an Ex-officio member of the Board, assist the Chair of the Board, preside at the next annual meeting of the Corporation, and perform such duties and functions as may be assigned by the Chair of the Board or suggested by the Board of Directors. ARTICLE VII COMMITTEES Section 1. Executive Committee The Executive Committee, consisting of the Officers set forth above and one or more additional members as the Board of Directors may determine, will function and carry out Board duties and responsibilities between Board of Directors meetings, subject to the direction and control of the Board of Directors. Section 2. Others 6 Other Committees may be appointed by the Chair of the Board, and/or the Board of Directors as needed. ARTICLE VIII PRESIDENT/CEO Section 1. The Board of Directors shall hire a full-time president/chief operating officer to be named President /CEO. Such person shall be responsible for the day-to-day functioning of the Corporation.. The President/CEO shall be a non-voting, Ex-officio Member to the Corporation(s) Board of Directors. ARTICLE IX MEETINGS Section 1. Annual Meeting A meeting of Members shall be held during January of each year at a time and place set by the Board of Directors. Section 2. Regular Meetings The Board of Directors shall meet at least six (6) times per year at a time and place selected by the Chair of the Board of the Corporation. Section 3. Executive Committee Meetings The Executive Committee shall meet at least six (6) times per year at the call of the Chair of the Board, and at such other times that the business of the Corporation requires. Section 4. Notice of Meetings Notice of Board of Directors Annual Meeting shall be distributed to each member at least two (2) weeks before the meeting date. Notice of Board of Director meetings shall be distributed to Directors at least ten (10) days before the meeting date. Notice of Executive committee meetings shall be distributed to committee members at least five (5) days prior to the meeting. ARTICLE X NOTICE OF MEETINGS Section 1. Whenever, under the provisions of Minnesota Statutes, the Articles of Incorporation or these By-Laws, notice is required to be given to a Member, a Director or a member of a committee, such notice may be given in writing by depositing it in the United States mail (first class postage prepaid) or by electronic mail (Email), or facsimile (fax), addressed to such person as his or her address appears on the books of the Corporation or at his or her business address. Notice shall be deemed at the time it is deposited in the United States mail or sent by Email, or fax. Such requirement for notice shall be deemed satisfied, except where written notice is required by law, if actual notice is received orally or in written form by the person entitled thereto as far in advance of the event with respect to which notice is given as the minimum notice period required by law or these By-Laws. 7 Section 2. Waiver of Notice. Whenever any notice is required to be given by Minnesota Statutes, the Articles of Incorporation, or these By-Laws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before, or after the time stated therein, shall be deemed equivalent thereto. Attendance by such a person at a meeting shall constitute a waiver of notice of such meeting, except when the person attends a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting or the Members, Directors or committee members need be specified in any written waiver of notice unless so required by statute. Any meeting of Members of the Board of Directors or of a committee of the Board shall be a legal meeting without any notice thereof having been given if all Members, all Directors or all committee members, as the case may be, are present. ARTICLE XI SPECIAL MEETINGS Section 1. Special meetings of the Board of Directors may be called by the Chair of the Board and shall be called upon written demand of any three (3) Directors addressed to the Chair of the Board, to the Secretary or to the President/CEO, stating the object or purpose thereof. Notice of such meeting shall be delivered to each Director at least five (5) days before the date on which the meeting is to be held. The notice shall state the time, place and purpose of the meeting. The same provisions shall apply to Special Meetings for Members of the Corporation. ARTICLE XII QUORUMS Section 1. A majority of all Board of Directors, as the case may be, shall constitute a quorum for the purpose of transacting business at any annual, regular or special meeting. In the absence of a quorum, a majority of the Directors present may adjourn the meeting, without notice other than announcement at the meeting, until a quorum is present. The Directors present at the meeting at which a quorum is present may continue to transact business until adjournment, notwithstanding the withdrawal of enough Directors to leave less than a quorum. 8 ARTICLE XIII ACTION WITHOUT MEETING Section 1. Unless otherwise restricted by Minnesota Statutes or the Articles of Incorporation, any action of Directors, or of any committee thereof, may be taken without a meeting if a written consent thereto is signed by all members, all Directors or committee members and such written consent is filed with the minutes of the meeting of Directors or committee, as the case may be. 9 ARTICLE XIV OFFICER REMOVAL- RESIGNATION Section 1. Any officer may be removed either with or without cause by a two-thirds (2/3) vote of the whole Board of Directors. Section 2. Any officer may resign at any time by giving written notice to the Chair of the Board, Secretary, or President/CEO of the Corporation. Such resignation shall take effect on the date of the receipt of such notice or any later time specified therein. ARTICLE XV DIRECTOR RESIGNATION - REMOVAL Section 1. Any Director may resign at any time by giving written notice to the Chair of the Board, Secretary, or President/CEO of the Corporation. Such resignations shall take effect on the date of the receipt of such notice or at any time specified in the resignation. The acceptance of such resignation shall not be necessary to make it effective. Section 2. The Board of Directors at any regular meeting or at a special meeting called for that purpose, may remove a member of the Board of Directors with or without cause, provided that requisite notice is given of the pending removal and that an affirmative vote of at least six directors is cast to remove the Director. Section 3. All vacancies of the Board caused by death, resignation, or removal may be filled by action of the Board of Directors. ARTICLE XVI BY-LAWS AMENDMENTS Section 1. Amendments to these By-Laws may be adopted by Board of Directors at any meeting of the Board called for that purpose, and upon a two-thirds (2/3) affirmative vote. At least ten (10) days' notice shall be given to Board members together with a ,,. ... , 10 copy of the proposed amendments. Section 1. ARTICLE XII FISCAL YEAR The fiscal year of the Corporation shall begin on January 1 of each year and end on December 31 of each year. It shall be the responsibility of the Board of Directors to adopt a budget for the forthcoming fiscal year. It shall be the responsibility of the President/CEO and Treasurer to refrain from engaging in or completing, any action of any kind whatsoever which may result in the Corporation exceeding total budgeted expenditures for that fiscal year without first advising the Chair of the Board regarding the nature of the probable excess and having secured from the Board of Directors authorization to proceed. ARTICLE XII-INSURANCE Section 1. Each Director and Officer, whether or not then in office, shall be indemnified by the Corporation against costs and expenses reasonably incurred by him/her in connection with any action, suit or proceeding in which he/she may be involved by reason of his/her being or having been a Director or Officer of the Corporation, except in relation to matters as to which he/she be finally adjudged in any such action, suit or proceeding in which he/she may be involved by reason of his/her being or having been a Director of Officer of the Corporation, except in relation to matters as to which he/she shall be finally adjudged in any such action, suit or proceeding to be or to have been derelict in the performance of his/her duty as such Director or Officer. The foregoing right of indemnification shall not be exclusive of the rights to which a Director or Officer may be entitled as a matter of law. ARTICLEXIV FINANCIAL ACCOUNTING AND REPORTING Section 1. The Officers of the Corporation and particularly the President/CEO shall adhere to all requirements set forth in Minnesota Statutes 469.190 relating to funds received from city lodging taxes, as well as the respective cities' accounting and reporting requirements. ADOPTION The foregoing Bylaws of Minneapolis Northwest Tourism were duly amended, approved, and adopted by a majority of those voting members present at the _______ board meeting of the Corporation. 1/2/2023 1 MAINTAINING MEMBERSHIP IN THE MINNEAPOLIS NORTHWEST TOURISM BUREAU Status of discussions to meet Council Resolution November 28, 2022 Decision Timeline Summer 2022 Joint Destination Decision to join with Brooklyn Park to promote the two cities as a combined destination and to investigate how to do so through MNTB Intent to Withdraw Brooklyn Center indicated its intent to withdraw from participation in the Minneapolis Northwest Tourism Bureau June 2021 Spring 2022 Optimal Tourism Promotion Key stakeholders of Brooklyn Center’s and Brooklyn Park’s visitor economy were asked what they need from a tourism promotion entity AND what the “destination” should be known for Dec 2022 City Needs Both cities passed a resolution requesting changes to the MNTB bylaws and the development of a work plan to ensure each city can optimize their visitor economy through engagement with MNTB August 2022 Resolution Compliance Working with MNTB to be in compliance with the resolution conditions so that both cities can decide to rescind their withdrawal 1/2/2023 2 Why Promote Tourism? Cities-centered Focus Suburban regional Cities’ heritage & diversity 1/2/2023 3 Resolution Conditions 1. Update bylaws to include a new board structure with additional board seats for city officials. 2. Refer to the full-time executive employee as the CEO 3. Establish new job description and begin the search for the CEO position 4. Approve a 2023 Work Plan (including re- branding of MNTB to better reflect its current membership) Encourage city engagement, communications, and alignment with city goals Transition from interim to permanent leadership to oversee transition to city destination promotion Focus organization on promoting two- city destination and building community engagements Progress to Date 1. MNTB Bylaws 2. CEO Position 3. 2023 Work Plan Solidify engagement—policy direction, implementation, understand ROI of city funds Ensure leadership can implement more focused program Focus and priorities to launch two-city destination promotion and steps to better integrate with and reflect community Board seat for professional staff; maintain Councilmember appointment by each city Industry best practices to support MNTB Board search Recommended priorities based on vision for joint city destination developed in the spring and available budget 1/2/2023 4 Next Steps •MNTB will make final changes to bylaws to keep with resolution conditions •MNTB will demonstrate that CEO search has begun •MNTB will indicate agreement with proposed work plan •City staff will report compliance to the City Council prior to the December 12 City Council meetings and will recommend that Brooklyn Center rescind its notice to withdraw from the organization. •A new joint powers agreement will need to be negotiated, and Brooklyn Center will need to negotiate a new contract/agreement for participation in MNTB. MNTB meets conditions Recommendation Detail 1/2/2023 5 Updated Bylaws (conditions 1 & 2) Requests: 1.Bylaws must be updated to include a new board structure with additional board seats for city officials. 2.Article VII of Bylaws must be updated to refer to the full-time executive employee as the CEO Rationale: The current of structure of the Board does not afford the cities the opportunity to be actively engaged in setting the goals for MNWT nor tracking the alignment of the organization’s efforts with city goals. Recommended solution: Update bylaws to ƒBetter define the membership and primary beneficiaries of MNWT ƒEncourage more active city engagement through appointments (including professional staff) ƒClearly articulate expectations of Board members ƒClarify expectations of the President & CEO for the organization President & CEO Job Description (condition 3) Requests: Establish a new job description for the CEO position and begin the search for the CEO position. Rationale: As a destination organization representing two cities with distinct differentiators and a different “brand” than previous iterations of MNWT members, the focus of the organization must evolve. Similarly, the expectations of the President & CEO to the organization should be aligned with promoting the “new” destination Recommended solution: Refine and update description and begin search for a permanent, full-time President & CEO with qualifications and experience to represent “the Brooklyns” and engage the broader community. 1/2/2023 6 2023 Work Plan (condition 4) Requests: Approve a 2023 Work Plan with agreed upon metrics and action steps, including re-branding of MNTB to better reflect its current membership and calling for an election in January 2023 to elect board of directors in accordance with the newly approved bylaws. Rationale: The focus of the organization to represent two cities will require adjustments to current programming and the external brand/positioning of the destination. Additionally, the organization will need to make operational changes to be in compliance with the updated bylaws Recommended solution: ƒAdopt a work plan that meets the vision and goals for MNWT as discussed at the spring charrettes ƒEnsure the work plan identifies metrics to communicate to both the Board and cities on the progress of the organization in meeting goals ƒDevelop a timeline for onboarding new Board members; ensure composition complies with the updated bylaws tina@clarityofplace.com | 919.492.4751 david@clarityofplace.com | 315.569.8908