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HomeMy WebLinkAbout2024.01.08 CCPCouncil Study Session City Hall Council Chambers J anuary 8, 2024 AGE NDA 1.City Council Discussion of Agenda Items and Questions - 6 p.m. 2.M iscellaneous 3.Discussion of Work S ession Agenda Item as T ime P ermits 4.Adjourn C IT Y C O UNC IL M E E T I NG City Hall Council Chambers J anuary 8, 2024 AGE NDA 1.Informal Open Forum with City Council - 6:45 p.m. This is an opportunity for the public to address the City Council on items that are not on the agenda. It is limited to 15 minutes. It may no t be used to make personal attacks, air personality grievances, make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with the presenter. Questions fro m the Council will be for clarificatio n purposes only. It will not be used as a time fo r proble m-solving or reacting to the comments made but for hearing the presenter for informational purposes only. The first call will be for those that have notified the Clerk that they would like to speak during the open forum and then ask if any one connec ted to this meeting would like to speak. W hen called upon, please indicate your name and then proceed. Please be sure to state your name before speaking. 2.Invocation - J erzak - 7 p.m. 3.Call to Order Regular Business M eeting Attendees please turn o ff cell phones and pages during the meeting. A copy of the full me e ting packet is available in the binder at the entrance to the Council Chambers. 4.Roll Call 5.P ledge of Allegiance 6.Approval of Agenda and Consent Agenda These items are considered to be routine by the C ity Council and will be enacted by one motion. There isn't a separate discussion for these items unless a Counc ilmember so requests, then it is moved to the end of the Council Consideration I tems. a.Approval of Minutes - Motion to approve the following meetings: 12/04/23 Special Meeting Budget 12/11/23 Study Session 12/11/23 Regular Session 12/18/23 Special Meeting Budget continuation b.Approval of L icenses - Motion to approve the licenses as presented. c.Resolution Designating Official Newspaper - Approve resolution Designating Official Newspaper for 2024 d.Resolution Selecting P residing Officers-Mayor P ro Tem and President P ro Tem - Appoint the Mayor Pro Tem and Acting President Pro Tem for 2024 e.Resolution Declaring Commitment to the Brooklyn Center City Charter - Approve resolution Declaring Commitment to the Brooklyn Center City Charter f.Resolution Recognizing the Contributions of E thnic P opulations and Heritage Celebrations - Approve a resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations g.Resolution Designating Depositories of City F unds for 2024 - Motion to approve a resolution designating depositories of City funds for the 2024 fiscal year. h.Resolution Opting Not to Waive L imited Tort L iability for 2024 - Motion to approve a resolution adopting the no waiver option for statutory tort liability insurance. i.Resolution Granting Corporate A uthority for Signing of Checks and Transactions of Financial B usiness Matters - Motion to approve a resolution granting corporate authority for signing checks and transactions of financial business matters to the City Manager and Finance Director for the City of Brooklyn Center. j.Resolution A ppointing Council Members to Commissions and Outside Organizations - Approve a resolution appointing City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2024 k.Resolution A ppointing B rooklyn Center Representatives to Executive Committee and/or B oard of Directors of the Brooklyn B ridge Alliance for Youth, Hennepin Recycling Group, L ocal Government I nformation S ystems, Minneapolis Northwest Convention & Visitors B ureau, North Metro Mayors Association, Northwest S uburbs Cable Communications Commission, Pets Under P olice Security, and Twin L ake J oint P owers Organization - Moti on to approve the resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of the Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Informati on Systems, Minneapolis Northwest Convention & Visitors Bureau, North Metro Mayors Association, Northwest Suburbs Cable Communications Commission, Pets Under Pol ice Security, and Twin Lake Joint Powers Organization l.Resolution Declaring a P ublic Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in B rooklyn Center, Minnesota - Motion to approve a resolution declaring a public nuisance and ordering the removal of diseased trees at certain properties as listed in the resolution m.Resolution A ppointing Municipal Trustees to the B rooklyn Center Fire Relief Association Board of Trustees - Motion to approve a resolution appointing municipal trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees n.Resolution Requesting Approval for Three (3) New F ire Trucks P urchase - Motion to approve a Contract for the purchase of three (3) fire trucks from Fire Safety USA. 7.P resentations/Proclamations/Recognitions/Donations 8.P ublic Hearings 9.P lanning Commission Items 10.Council Consideration Items a.Resolutions A pproving the Special L egislation for a L ocal Option S ales Tax and A pproving the L anguage for the B allot Referendum for the Community Center Renovation and Expansion -Motion to approve a resolution of the City of Brooklyn Center Approving Minnesota Laws, 2023, Chapter 64, Article 10, Section 28 -Motion to approve a resolution of the City of Brooklyn Center relating to the imposition of a sales and use tax and the issuance of bonds to financing the renovation and expansion of the Brooklyn Center Community Center and calling a special election thereon. 11.Council Report 12.Adjournment C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, A ssistant City Manager/C ity C lerk S U B J E C T:A pproval of Minutes Requested Council A con: - Moon to approve the following meengs: 12/04/23 S pecial M eeng Budget 12/11/23 S tudy S ession 12/11/23 Regular S ession 12/18/23 S pecial M eeng Budget connuaon B ackground: I n accordance with M innesota S tate S tatute 15.17, the official records of all mee6ngs must be documented and approved by the governing body. B udget I ssues: - None I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: O pera6onal Excellence AT TA C H M E N TS : D escrip6on U pload D ate Type 12.04 S pecial Mee6ng 1/3/2024 Backup M aterial 12.11 S tudy S es s ion 1/2/2024 Backup M aterial 12.11 Regular S ession 1/2/2024 Backup M aterial 12.18 S pecial Mee6ng Budget Con6nua6on 1/4/2024 Backup M aterial 12/4/23 -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 SPECIAL SESSION DECEMBER 4, 2023 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met in Special Session called to order by Mayor April Graves at 6:30 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Councilmember Marquita Butler was absent and excused. Also present were City Manager Reggie Edwards, Assistant City Manager/City Clerk Barb Suciu Director, Director of Fiscal & Support Services Angela Holm, Director of Public Works Elizabeth Heyman, Director of Community Development Jesse Anderson, Fire Chief Todd Berg, Equity and Human Resources Director Jim Langemo, and Recreation Director Cordell Wiseman. 3. 2024 BUDGET City Manager Reggie Edwards proposed an amendment to the agenda, moving item 3e after item 3a as the levy is the first issue to come forward and everything else is premised off of the levy. 3a. CONSIDERATION OF THE 2024 BUDGET AND PUBLIC HEARING City Manager Reggie Edwards introduced the item and thanked the Council, Staff, and all others who participated in the budget process. He discussed the process of how the budget was p ut together and worked on throughout the year. The budget was shaped by t he rippling effects of dealing with COVID-19, the death of Daunte Wright, and civil unrest, with a community and Staff who are still trying to heal and be stabilized to move forward. The City also is dealing with economic conditions of financial downturn, shifting development landscape, and increased inflation. Dr. Edwards shared the new mission and vision of Brooklyn Park that shapes what they are trying to do with the budget. He added that Brooklyn Center’s mission is to actively provide a safe, welcoming, and inclusive community. The vision of Brooklyn Center is to provide high-quality, equitable services that demonstrate they are inclusive and welcoming. Through actions, the City will establish an engaged relationship with the community, including increasing the safety and well-being of residents, City employees, businesses, and visitors while adding a wide range of economic development improvements. All of this leads to a renewed sense of price in the City and 12/4/23 -2- DRAFT its physical condition and aesthetics. He noted this is part of the rationale around the budget so that when they ask taxpayers to put forth additional tax dollars, the purpose is to achieve the City’s vision and live out the mission. The core values of the City include safety, community- centeredness, accountability, transparency, and sustainability. These values go through every decision that is made and every dollar that is spent in Brooklyn Center. Dr. Edwards shared the strategic priorities of the City as maintaining a strong financial posit ion, maintaining and enhancing public places, improving community and employee safety, providing quality services with fair and equitable treatment, strengthening community and employee engagement in key decisions, being an effective partner with other public entities, strengthening and diversifying business development and housing, and improving employees’ experiences. These strategies begin to lay a roadmap to how they will utilize resource dollars. Dr. Edwards explained the budget priority strategies are balancing strategic direction and fiscal capacity, fulfilling State statutes, maintaining and sustaining current operations, Staff stability, public safety, and advancing strategic priorities and operational opportunities. He acknowledged that Brooklyn Center is challenged economically, with a lower tax base and a high poverty rate. Dr. Edwards shared the budget highlights, including a 3 percent Staff wage increase to maintain market competitiveness. The City tries to stay in the top quarter of comparable cities in employee wages. There is $50,000 assigned to achieving this market competitiveness. Other highlights include having an on-call 24-hour Fire duty crew, having a deputy City Manager, increasing winter salt and sand, adding to the fleet maintenance replacement and a fleet vehicle replacement fund, as well as having a Police Sergeant and a Police Detective while also unfreezing the remaining Police Department Officers. He added they are also increasing Staff, benefits, and market adjustment wages, and increasing Staff funding. They also froze the Performance Analyst position. The City was able to lower revenue calculations by removing permit fees from the general fund, lower employee vacancy rate, and lower lodging tax. Lastly, they were able to ma intain 2023 expenditures. Dr. Edwards stated they had a windfall of $1,400,000 in State public safety aid which has been allocated to four departments that relate to public safety. Dr. Edwards invited Director of Fiscal & Support Services Angela Holm to present the 2024 budget. Director of Fiscal & Support Services Angela Holm shared they were done with the budget at the end of October which gave them time to go through the budget to tie up al l loose ends. She explained that budget policies provide the basic framework and assist in the decision-making process. These policies are a balanced budget, current revenue should pay for current expenses, contingency of up to five percent of the budget, providing adequate funding for capital replacement and maintenance, the budget should describe goals, services, and programs, as well as a targeted unassigned General Fund balance of 50 percent to 52 percent of the next year’s General Fund budget. 12/4/23 -3- DRAFT Ms. Holm noted there are also revenue policies that direct how the City maintains the ability to pay for services it provides its customers. The policies include maintaining a diversified and stable revenue system, annual revenue estimates completed through an objective conservative analytical process, user fees should be reviewed and revised on an annual basis, fees and user charges for Enterprise Funds should fully support total direct and indirect costs, and user fees for City services will generally be established at a level which will recover the full cost of providing the service. Ms. Holm shared that the median home value in the City had a modest increase this year, which gives them a feel for where they are in terms of the values of the homes within the City. There has been a steady increase since 2014. She shared that Brooklyn Center is on the lower end of median home values compared to its comparable cities. Ms. Holm explained that tax capacity is the calculation that comes from the County based on the assessed values of properties. She noted that the residential portion of the tax capacity for 2024 payable decreased by around 1.3 percent which means the capacity for taxing the City can handle is transferred over into other areas. Ms. Holm stated the proposed property tax levy is 8.2 percent, which is a total increase of $1,861,356 over 2023. A property tax levy increase or decrease of 1 percent is approximately $225,000. Ms. Holm showed a chart outlining the cost of government. The chart showed where the tax dollars would be going for someone with a median-priced home at the 8.2 percent tax levy. She showed an example of how much an individual would be paying for Police, Fire and emergency preparedness services, Community Development, Public Works, recreation, technology improvements, health and safety prevention, general government, and the golf course, all based on the median value home’s tax levy. Ms. Holm shared that the impact on a single-family residential home with the median home value would only have an increase of $83 more than last year. These numbers will be different based on the value of all homes. She added if there were to increase or decrease the levy by one perc ent it would be a difference of $13 a year. Ms. Holm reviewed the information collected from all cities in Hennepin County. The median levy increase in the County was 10.74 percent, with the highest increase of 33.72 percent and the lowest increase of 1.75 percent. There are 26 cities whose proposed levy increase is higher than 8.2 percent. Ms. Holm explained how the rest of the budget process will go. She shared they will ask the Council to open the public hearing to accept public comments regarding the proposed tax levy increase. Following this, they would then ask for the public hearing to be closed and they would ask Council to consider the adoption of the 2024 proposed levy, the 2024 proposed budget, and the 2024 Capital Improvement Plan. She added that they would also be requesting the HRA to be opened to adopt the HRA levy and budget, as well as opening the EDA to adopt the EDA levy and 12/4/23 -4- DRAFT budget. Councilmember Jerzak moved and Councilmember Kragness seconded to open the Public Hearing. Motion passed unanimously. Umberto Virgillo, 1112 67th Avenue, shared he just received his tax proposal and it is $500 more than last year, an increase from $4,200 to almost $4,800. He added he is retired and received Social Security and cannot afford this tax. Mayor Graves said she understands the struggle of many people. She explained there is a process to contest the valuation of a home. She added that Staff will follow up with Mr. Virgillo on his concerns. Mr. Virgillo noted that he owns a home in Maple Grove that is worth almost $500,000 and he does not pay even $4,000 on his property taxes at that home. He stated he has been in this house for 43 years and has had a lot of businesses come and go. He added that every business that shuts down is lost revenue for the City. Mayor Graves noted this does put the burden on the residents. Maple Grove has an advantage that they have more businesses to help share this burden. Councilmember Lawrence-Anderson explained there is a breakdown on the tax statement that shows what portion of the taxes go to the City, the County, and the School District. Mr. Virgillo said he was told by the assessor that $2,250 of the taxes was for the City. Councilmember Lawrence-Anderson shared she was shocked when she opened her tax statement as more than half of the taxes on her home are not City taxes. Mayor Graves asked if the valuation of his home went up significantly from last year. Umberto V. said not really, only $25,000 at the most. Mayor Graves thanked him for coming forward this evening and encouraged him to connect with Staff to advise how to move forward. Joseph Davies shared he and his wife are here to address the tax increment on their home. He stated they are not getting any younger and they are seeing the taxes increase every year on their home, and if this were to continue over the next few years, it is not sustainable. They have children and grandchildren and cannot afford to lose their homes. He shared they would like the Council to look into this and try to readjust. Alfreda Daniels shared she is a fairly new homeowner and a young mother. She said she is worried 12/4/23 -5- DRAFT that she may have to leave the City due to the tax burden becoming too much. The option of getting an apartment is not an option for her as her mortgage would likely be less than an apartment. She stated she does not know how people are going to be able to deal with the increase in taxes. She wants to continue to live in Brooklyn Center but this limits her availability to stay. She hopes her daughters will be able to grow up and live in Brooklyn Center as well. She added she is a well- paid employee and she is even struggling to afford the increase. She said there ar e other residents who are struggling more than she is. She suggested focusing on bringing businesses back to the City and investing in small businesses that are already in the City. Councilmember Kragness moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Mayor Graves shared she empathizes with those who have come in and spoken about the issue this evening. When she first purchased her home in Brooklyn Center as a single mother, it was a foreclosure which helped her financially. She said she has also seen her taxes increase since she purchased her home in 2011. She noted this is a good thing in that home values are increasing so assets are worth more, while it is hard that they also owe more in taxes as the valuation of their homes increases. Another thing the City struggles with is not having as many businesses to lean on to fill the tax capacity. They also have big city issues with some of the lower incomes in the metro area. All of these things make it difficult to address some of the issues and services that need to be addressed in the City. As they think about the budget process and where they want to invest, one thing that stuck out to her during the presentation was the ‘Cost of Government’ slide that Ms. Holm reviewed. She used the example of $95 tax dollars going towards Community Development and stated that felt low to her. She stated this is the department that is responsible for bringing in businesses and keeping these businesses in the City that would help share this tax burden. She added that she believes that the Staff has done a good job with the budget considering the limitations that the City has. Moving forward, she thinks investing more in Community Development will benefit all areas within the budget and help relieve some of the tax burden on residents. Councilmember Kragness shared her disappointment in this whole process. She said she has owned her home for over 20 years and her property taxes have doubled. She also liked the ‘Cost of Government’ slide as this put things into perspective for her to see what she is paying for. She asked about something that was grant-funded and is now 100 percent General Fund funded which increased the budget by a whole percent. She explained how she looks at every line item and cost to see if it is a want or a need and to see if it has a benefit for the future. She asked why positions were previously grant-funded but are now General Fund funded. She also asked about the new reporting for grant dollars as she has still not seen this distinction. She suggested having separate line items for things that the Council said they wanted, like the Deputy City Manager, the Fire crew, and the Police Detective. This would be beneficial for people to see what they are paying for. 12/4/23 -6- DRAFT Dr. Edwards noted there are no positions that were formerly grant-funded that are now funded through the General Fund. Councilmember Kragness said she sees things in the General Fund budget that were never there before. She asked for clarification on these items. Dr. Edwards shared they created an Office of Communication and Community Engagement in 2017 or 2018. This has now been split and falls under different supervisors. These items are not new. Councilmember Kragness stated the way they are presented in the budget makes it appear as though they are new positions. Dr. Edward explained that they tried to show this combined as well as separated. There are three spreadsheets in the budget that show this. Councilmember Kragness asked how this was done with the new positions. Dr. Edwards said there are not necessarily any new positions. They previously had a Communications Engagement Manager and beneath them were two Staff on the communications side as well as part-time Staff on the engagement side. When they separated this department, they now have a supervisor and a specialist in each area. Councilmember Kragness asked if the cost of the deputy City Manager, the Fire crew, and the Police Detective were split out into individual line items. Dr. Edwards said no. Councilmember Kragness said there is no consistency with this which makes it hard to follow. Dr. Edwards explained Communication and Engagement positions were separated because they created the two new units. If they had maintained one unit then it would have continued to show the one unit. He said they did not separate any of the other positions in other areas. Ms. Holm said it is a challenge to read this. She reiterated that there was a C ommunications and Community Engagement Department which was budgeted for 2023. In January of 2023, an organizational decision was made to split Staff into communications and engagement to two separate and distinct areas. Two different departments were created on the accounting books for this split. She stated they were intentional about budgeting for each of these two new departments in the 2024 budget. Councilmember Kragness requested that the other positions also be separated for clarification. Ms. Holm made note of this. Ms. Holm explained they are currently in the process of finalizing the grant funding within the Finance Department in terms of how this is going to look. They plan to be more intentional about reporting on specific grants in a meaningful way. This will be more intentional for year-end reporting as well as providing these reports more consistently to the Council. Dr. Edwards shared that on previous presentations given to the Council, they did have line items specific to items that the Council was interested in. The thought was that they could drop these numbers as they had achieved staying under the levy amount. He said they could go back in and 12/4/23 -7- DRAFT put the dollar amounts back in. Councilmember Kragness said there were numbers that were provided and the direction came back and now the numbers need to be reduced as a whole. Even though they had these numbers in the beginning they would not be the same numbers now. Dr. Edwards said the numbers as far as the positions are all still the same numbers. These were not reduced, rather the budget was adjusted to accommodate these items. Councilmember Jerzak finds himself very frustrated that they have been pushed up against hard deadlines. He has expressed previously his objection to the volume of information they have been given and all of the circumstances with the economic downturn and shift in development. He added they heard testimony this evening with concerns with taxes. The County, the State, and the School District all add to the taxes. Every enterprise department in the City had an increase in cost this year. He said all of these things go towards the bottom line. He shared he understands the increase in the valuation of homes; however, it is only value if someone sells their home. He also understands the reorganization of accounts, but it was hard for him to follow these. He agreed with Councilmember Kragness that the lack of designation for the grant-funded items as they have a way of showing up in the future wanting to be levied. He has always been careful of these types of things. He noted there was $500,000 that was past due from their enterprise funds. This is a symptom that residents are already feeling stress in the community with the ability to pay simple fees like water, sewer, storm sewer, etc. He said they have not completed the fixing of the meters, so they do not know if they are accurately billing people. This is another concern he had. Nine years in a row they have had the taxable revenue increase resulting in additional income reflecting increases in property taxes. He added that it is ambitious for the projected $4,000,000 for the Heritage Center, which is a goal they have not achieved. He does not want them to get back into a position where they have great goals and then fall short. He explained that every employee in the City deserves a raise, but the 3% increase is expensive. He did not see a lot of negotiation with this. He did see consensus on the Deputy City Manager, the Fire crew, and the Police Detective. He said he does not know that they went back and evaluated all of the things that they could remove from this. He added that a $2,000,000 increase in the budget is unsustainable going forward. Councilmember Lawrence-Anderson said she is not comfortable lumping a ton of money into professional services. She asked about the $25,000 for professional services. She added that she saw special events under this same category for $35,200. She asked what special events this was for. If this includes a parade, it should be under community engagement. She said asterisks are needed on the budget to help them understand where this money is going. She asked how the budget for Police patrol went down from 2023. She asked where the budget for the Police Sergeant was. She shared she is not comfortable voting on the budget this evening. She would appreciate more line item detail in some of these areas. She noted this is the first time the Council has seen this budget and now they are expected to vote on it. They have heard presentations, but they have not been asked if they are happy with the budget and she is not happy with the budget in its current state. Dr. Edwards explained the budget needs to be submitted by December 24, 2023. 12/4/23 -8- DRAFT Mayor Graves thanked the Council for the comments, concerns, and questions. She said it seems that the Council is not in favor of voting on this tonight. She wanted to be clear on what they need so they could get to a point where they can vote on this to get the budget submitted on time. With a Council meeting on December 11, December 18 seems like the most likely date they would be able to meet again to finalize this. She asked the Council if this date worked for them. The Council agreed with this date. Mayor Graves asked the Council to be very specific with what they need and to give this direction to Staff so they can get this information together. She asked Staff to get the budget information to the Council prior to the meeting on December 18 so they have a chance to ask questions befo re the meeting. Councilmember Jerzak shared he voted against any levy increase; however, he is open to compromise. He said he needs the overnight duty crew, the Police Sergeant and Detective positions, the Assistant City Manager, and the 3% wage increase. He asked Staff to carefully look at grant-funded positions and take a look at any potential duplications. He would like the departments to be given flexibility. He said he would be very transparent that no new positions are added without Council approval. Mayor Graves asked if Councilmember Jerzak is interested in a certain percentage levy decrease. Councilmember Jerzak said he is open to approving an increase based on what the survey has said all along with some inflation, no new programs, and public safet y as a priority. He said there is room for a lot of improvement and growth in public safety. Councilmember Lawrence-Anderson shared she believes they need to get back to the basics. She shared concerns about the infrastructure of the City. She noted concerns with updating the dilapidated building of the Community Center. She is also concerned with the CIP and spending money on something that is a lost cause. She said they need to be focusing on the big picture. She shared concerns that they are not looking long-term. She expressed the importance of funding the needs of the City and putting the wants to the side. Her two top priorities are crime and Community Development. She agreed with Councilmember Jerzak that the overnight duty crew, the Police Sergeant and Detective positions, and the Assistant City Manager are the needs. Mayor Graves asked if there is a different levy amount Councilmember Lawrence-Anderson would like to see. Councilmember Lawrence-Anderson said they could stay at an 8.2 percent increase if they were to reallocate some of the funds to where it is needed. She stated she would like the Police Department to have mobile cameras as the residents are concerned with crime in the City. Councilmember Lawrence-Anderson said in the past she has seen the City Manager poll the Council to see what their priorities are. This was not done this year and they have not had the opportunity to discuss these things. Councilmember Kragness thanked Staff for their work on putting this budget together. She shared 12/4/23 -9- DRAFT she voted for the 8.2 percent levy increase as a worst-case scenario. She added it is not fair that residents do not know what they are getting for their tax dollars. She said this needs to be balanced with having enough funds to run the City effectively. She noted they need to go back to maintaining the City. She is not comfortable with the 8.2 percent increase. She would like to see all of the information broken out and details on what all of the numbers in the budget represent. Dr. Edwards asked about the Council’s expectations at the December 18 meeting. He asked if they anticipate this session being a session where they are still working on the budget. Councilmember Kragness shared she would have preferred more information now so that they could be working through this between this meeting and the meeting on December 18. She said if they do not get the more detailed information prior to the December 18 meeting then she expects that they would be working through the budget that evening before voting on it. Mayor Graves asked Councilmember Kragness if there was a certain levy decrease she would like to see from the 8.2 percent. Councilmember Kragness said she sees areas where things could be cut and she could see a one to two percent decrease. Councilmember Jerzak said if he is not able to explain to his neighbors, business owners, or residents what various departments, they are paying for and are tied to outcome performance, then he would not vote in favor of it. He said these things have to be understandable and palatable to the taxpayers while also being tied to some kind of outcome performance. Dr. Edwards explained they had tried to create an outcome-based budget a few years ago. He shared they established a person on Staff to help with this model; however, this position is currently frozen. When they ask for programs to have outcomes tied to them, they do not have this position currently. He asked if they are wanting every department to establish outcomes and provide that information. Councilmember Jerzak said he would expect this of every department, that they cannot only come up with their budget but also do more than justify it. Even without this position, he still expects individual department accountability and responsibility around their budgets. Dr. Edwards asked if there is an expectation that the departments create these outcomes by the December 18 meeting. Councilmember Jerzak said the most important ones to see would be the overnight duty crew, the Police Sergeant and Detective positions, and the Assistant City Manager. He added he would not be opposed to the reallocation of funds for the Police mobile cameras. He added that he cannot support the CIP and the $2,000,000 for repairs for Public Works as these are not good investments in his mind. He would like to see a comprehensive analysis of this before he votes on this as all of these things are just debt. He wants to be prudent with City dollars. Councilmember Kragness said it is not realistic to come up with a whole new model in two weeks. However, she noted they should be able to justify an increase in a budget line item if it is not directly tied to survey results. If it is something that the residents are asking for, their tax dollars can go towards that, but if it is not something they asked for then they need to be able to justify it. Mayor Graves thanked the Council and Staff, as well as all who have worked on the budget and 12/4/23 -10- DRAFT with the strategic planning process. She also thanked the residents who answered the surveys. She said she is hearing the Council say that they need to have more specifics on the budget and to know where there are duplications and where the dollars are going. She is also hearing that the Council is not completely opposed to where the levy is at but they would like to see it a little bit lower. She noted they also need to have the budget highlight amounts specifically called out. She said she would also like to see where cuts and adjustments have already been made so the Council can see how Staff gets to the levy recommendation. Councilmember Lawrence-Anderson emphasized the need for justification within the budget. Going forward they can look at the outcome-based budget. She wanted to make certain that as they are cutting things from the budget it is not coming out of Police or Fire. She added that she would support adding a drone to the budget. She encouraged the department heads to look at their budgets and professional services to find money that could be reallocated. She shared concerns with security outside of City Hall. Mayor Graves said every department should be reviewing their budget for duplication and fluff items. Councilmember Jerzak moved and Councilmember Kragness seconded to continue the budget discussion to December 18, 2023, at 6:00 p.m. Motion passed unanimously. 3e. RESOLUTION APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2024 This item was continued to December 18, 2023. 3b. CITY MANAGER’S BUDGET TRANSMITTAL LETTER FOR 2024 FISCAL YEAR This item was continued to December 18, 2023. 3c. RESOLUTION ADOPTING THE 2024 ANNUAL CITY BUDGET This item was continued to December 18, 2023. 3d. RESOLUTION APPROVING THE 2024-2028 CAPITAL IMPROVEMENT PLAN AND ADOPTING THE 2024 CAPITAL PROGRAM This item was continued to December 18, 2023. 4. ADJOURN 12/4/23 -11- DRAFT At 7:42 p.m., the meeting was recessed and continued to December 18, 2023 at 6:00 p.m. The meeting adjourned at 7:42 p.m. 12/11/23 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 11, 2023 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at 6:18 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Principal Engineer Lydia Ener, City Clerk Barb Suciu, and City Attorney Jason Hill. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Jerzak requested the following items be pulled from the Consent Agenda for discussion during the Study Session: 6e. Resolution Approving the 2024 Fee Schedule; 6g. Resolution Authorizing Execution of Professional Services Agreement, Project No. 23- 26, Brooklyn Center Park Investment Plan; and 6i. Accepting Grant Funds from the Transportation and Economic Development Infrastructure (Tedi) Grant to Support Phase 1 of the Opportunity Site. Councilmember Jerzak requested, under Item 6g, the Parks Professional Services Agreement be amended to include a study of other City buildings including the Public Works facility. Councilmember Jerzak stated, under Item 6h, that he would like to express his appreciation for the final project cost which was under budget by 2.6% or $449,193. Councilmember Jerzak stated, with regard to Item 6e, that the Community Center residents’ fees have been lowered, and are subsidized. He asked why this was not reviewed by the City Council. City Manager Reggie Edwards stated the fee schedule pertains to licenses and permits, not the Community Center fees. Director of Fiscal & Support Services Angela Holm stated a Request for Proposals (RFP) was put out for the Professional Service Agreement for the Park Investment Plan. She added the budget is 12/11/23 -2- DRAFT still under review and she would not recommend adding the Public Works garage to that proposal. Councilmember Jerzak stated, with regard to Item 6i, there are issues with regard to safety at the current transit hub and he is concerned that another transit hub will be added. He asked whether the grant would be triggered as there is a 3-year limit. Community Development Director Jesse Anderson stated the Tedi Grant for $500,000 is intended to cover the road portion of the parkway. He added, as discussed, that the goal is to reduce infrastructure costs and reduce strain on TIF funds or other potential bonding. Councilmember Kris Lawrence-Anderson asked whether meeting materials will be prepared and distributed to the City Council prior to the Special Budget Meeting on December 18, 2023. Dr. Edwards confirmed this. Dr. Edwards requested that the Liquor Store #2 Lease Agreement be added to the Consent Agenda. Ms. Holm stated an 18-month lease agreement has been reached with the property own er of the Liquor Store #2 facility related to Common Area Maintenance (CAM) charges. She added City Council approval is required for this agreement, totaling $175,000, which was signed today and, if approved, will be executed on January 1, 2024. Councilmember Jerzak asked whether profitability for this location was considered. Ms. Holm confirmed this. Councilmember Jerzak asked if there is an early-out provision. City Attorney Jason Hill stated there is no express provision as with any lease, but the agreement is capped at 18 months. Councilmember Kragness asked what would happen at the end of the initial term. Ms. Holm stated the rent would double after 18 months, which is not advantageous to the City. Councilmember Kragness asked what is considered the proportionate amount after the initial term for the CAM. Ms. Holm stated that has not been defined. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Graves adjourned the Study Session at 6:42 p.m. 12/11/23 -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 DECEMBER 11, 2023 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an Informal Open Forum called to order by Mayor April Graves at 6:43 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Principal Engineer Lydia Ener, City Clerk Barb Suciu, and City Attorney Jason Hill. Mayor Graves opened the meeting for the purpose of Informal Open Forum. Amity Dimock, via phone, stated she is surprised and disappointed that the Expanded Response Policy is not on tonight’s agenda. She added she knows there are questions about the policy, but she thought a vote would be on tonight’s agenda. Mayor Graves apologized for the delay on this issue and thanked Ms. Dimock for her continued patience. Councilmember Jerzak read a comment from Peg Cars suggesting a Winter Solstice celebration. Katie Wright, via phone, stated she is the mother of Daunte Wright and a Co-Founder of the Daunte and Kobe Initiative, as well as the Chair of the Policy Work Group. She expressed disappointment that it is the end of 2023 and there has not been a vote on an Expanded Response Policy expansion in Brooklyn Center. She noted she was hopeful that the City of Brooklyn Center would be one of the first cities to initiate such a policy and take a lead on this issue. Ms. Wright stated she understands there are man y things that the City Council needs to address at the end of the year. She added there is nothing more important than public safety. She expressed frustration at this issue being pushed to 2024, and many community members do not understand why there has not been a vote yet. Diane Sannes noted the passing of Kristen Mann, former Brooklyn Center City Councilmember 12/11/23 -2- DRAFT from 1993-1996. She read the obituary for Kristen Mann. Ms. Sannes stated she attended the Metro Transit’s Adopt a Bus Shelter program event, and noted there are 15 shelters in Brooklyn Center. She encouraged residents to contact her if they wished to have their name or a message on a bus shelter. Julie B., via phone, thanked Community Center staff and all who planned the December event in connection with the Lions Club. Julie B expressed concern regarding the lack of equity with regard to certain City departments receiving more attention than others. She added it is troubling that this ask is applied to the City departments that are currently headed by black staff, and the tone of Finance meetings is very disturbing and constitutes a display of micro-aggression, allowing racism to continue, and it needs to stop. Julie B. stated this past summer there was an outcry for safety measures in the City’s parks, as people did not feel safe. Public Safety stepped in and filled the gaps, providing comprehensive support and communication and public engagement to address these issues. Public safety is a multi-faceted approach, and the City has had many successes. The work of certain City departments is not appreciated, and there is talk of cutting their budgets. This is a need for the community and must move forward for the City to shift and advance. Julie B. stated, that as a disabled single parent with limited income, she supports the levy and recognizes what it can mean for the community she loves to shift into a more collaborative and inclusive space. She added she hopes that this work can continue. Alfreda Daniels, via phone, asked whether public comments are being put in the record as there has been previous discussion regarding this issue. Mayor Graves confirmed this. Ms. Daniels stated she was disappointed with the tax increment financing discussion, to hear about discussions regarding specific programs led by black folks, or that benefit the black community. She added she hopes the community can work together. Laurie B. stated she emailed various links and information to the City Council regarding successfully implemented Expanded Response Networks around the nation, and particularly in Ramsey County and Minneapolis. She requested that the City Council review the information she forwarded to see how these programs are working in other communities. Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open Forum at 7:10 p.m. Motion passed unanimously. 2. INVOCATION 12/11/23 -3- DRAFT Mayor Graves stated this was the last City Council meeting of the year. There have been many changes in the City Council and City Staff. She expressed the importance of making sure that all voices are heard. She thanked her fellow Councilmembers, City Staff and community members. Mayor Graves read a Winter Solstice poem: May the dawn of the Winter Solstice chase the dark away. May it bring to you the promise of endless brand-new days. May all your sorrows vanish, and all your dreams come true. And may the light of the Winter Solstice always shine on you. Donna Fletcher Mayor Graves sang a few verses of “Have Yourself a Merry Little Christmas.” 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves at 7:14 p.m. 4. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Principal Engineer Lydia Ener, City Clerk Barb Suciu, and City Attorney Jason Hill. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Butler moved and Councilmember Jerzak seconded to approve the Agenda and Consent Agenda, with the addition of Item 6j – Liquor Store 32 Lease, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 23, 2023 – Study Session 2. October 23, 2023 – Regular Session 3. November 27, 2023 – Study Session 4. November 27, 2023 – Regular Session 6b. LICENSES MECHANICAL 12/11/23 -4- DRAFT Kraft Contracting LLC 2415 Ventura Drive, Suite 100, Woodbury 55125 Vector Services 712 Vista Blvd, Suite 102, Waconia 55387 TOBACCO RELATED PRODUCTS Family Dollar #25110 2105 57th Avenue N Speedway #4162 6545 West River Road Speedway #4058 1901 57th Avenue N Speedway #3192 6950 Brooklyn Boulevard Walgreens #4320 6390 Brooklyn Boulevard LIQUOR - INTOXICATING Topgolf 6420 Camden Avenue N Captain Crab Shack Inc. 1360 Shingle Creek Crossing #202 LIQUOR – OFF-SALE 3.2 Casey's General Store #3823 2101 Freeway Boulevard Speedway #4162 6545 West River Road Speedway #4058 1901 57th Avenue N Speedway #3192 6950 Brooklyn Boulevard LIQUOR – ON-SALE 3.2 50's Grill 5524 Brooklyn Boulevard LIQUOR - ON-SALE SUNDAY Topgolf 6420 Camden Avenue N Captain Crab Shack Inc. 1360 Shingle Creek Crossing #202 LIQUOR - CLUB Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard ENTERTAINMENT Jambo Africa, Inc. 1601 Freeway Boulevard 12/11/23 -5- DRAFT GASOLINE SERVICE STATION Speedway #4162 6545 West River Road Speedway #4058 1901 57th Avenue N Speedway #3192 6950 Brooklyn Boulevard RENTAL INITIAL (TYPE IV – six-month license) 6312 France Avenue N. O Oladeji & O OladeJi INITIAL (TYPE III – one-year license) 1100 69th Avenue N. Tyler Nash 5260 Twin Lake Boulevard E. Heron Verde LLC 5637 Emerson Avenue N. Tobi Agene / Osetohamen Agene 6721 Perry Avenue N. Abebayehu Wordofa INITIAL (TYPE II – two-year license) 6224 Quail Avenue N. Adetarami Aruna RENEWAL (TYPE IV – six-month license) 5144 Ewing Avenue N. Gracelands LlC (did not meet requirements) 5555 Dupont Avenue N. Maria Magdalena Velez (did not meet requirements) 6213 Chowen Avenue N. Nazneen H Khatoon (did not meet requirements) 6430 Toledo Avenue N. Touchstone Properties LLC (did not meet requirements) 6437 Kyle Avenue N. United Hmong Investment, Llc (did not meet requirements) 7025 Quail Avenue N. Edward E Laudat (met requirements) RENEWAL (TYPE III – one-year license) 6101 Beard Avenue N. 6939 Baird Llc Et Al C/o Rtg (did not meet requirements) 12/11/23 -6- DRAFT 2806 66th Avenue N. Thown Va Thor 5500 Knox Avenue N. MNSF LI W1 LLC (did not meet requirements) 5913 Upton Avenue N. Rosebella Nyaboke Ogoro (did not meet requirements) 6919 France Avenue N. Benjamin P A Hermantin Et Al (met requirements) 7119 Girard Avenue N. Pearsall Properties LLC (did not meet requirements) RENEWAL (TYPE II – two-year license) 2912 69th Lane N. Lydia S Kim 3301 Mumford Road Christina Duong & Danny Vo 5924 Dupont Avenue N. J Miller & D Miller 6430 Indiana Avenue N. Omolola Akinsoji 6820 Fremont Place N. Sharon Mcgary RENEWAL (TYPE I – three-year license) 5547 Lyndale Avenue N. Zoe M Hildreth 2001 54th Avenue N. Serendipity Investment Llc (met requirements) 3501 72nd Avenue N. Cosco Property I LLC 5101 63rd Avenue N. Adedamola O Ogundipe 5201 Ewing Avenue N. Infinite Property Llc 5501 Brooklyn Boulevard Mains’l Properties Llc 6325 Xerxes Avenue N. Linus N Amajuoyi 6618 Colfax Avenue N. Dhanraj Khemraj 6806 Perry Avenue N. Matrix Asset Solutions Llc 12/11/23 -7- DRAFT 6c. APPROVE THE 2024 CITY COUNCIL MEETING SCHEDULE 6d. RESOLUTION DESIGNATING POLLING PLACES FOR THE 2024 ELECTION 6e. RESOLUTION APPROVING THE 2024 FEE SCHEDULE 6f. APPROVE OF A MINOR AMENDMENT TO THE NOVEMBER 13, 2023 CITY COUNCIL MINUTES 6g. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT, PROJECT NO. 23-26, BROOKLYN CENTER PARK INVESTMENT PLAN 6h. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO. 2021-5 6i. ACCEPTING GRANT FUNDS FROM THE TRANSPORTATION AND ECONOMIC DEVELOPMENT INFRASTRUCTURE (TEDI) GRANT, TO SUPPORT PHASE 1 OF THE OPPORTUNITY SITE 6j. LIQUOR STORE #2 LEASE Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8. PUBLIC HEARINGS 8a. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2024-01, ORCHARD LANE EAST IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Principal Engineer Lydia Ener reviewed special assessments for the Orchard Lane East Area Improvements, which include street and drainage improvements as well as utility improvements. No lighting improvements are proposed. Neighborhood meetings were held on August 3 and October 19, 2023. Lydia reviewed the project funding breakdown, for which special assessments will make up 12.2% of the overall total project funding. She reviewed project costs, assessment rates, and estimated payment amount of $3,852.00 with an interest rate of 5.5% as well as payment options. Ms. Ener stated City Staff recommends approval of resolution certifying special assessments for 12/11/23 -8- DRAFT Improvement Project No. 2024-01, Orchard Lane East Area Improvements to the Hennepin County Tax Roll. Councilmember Lawrence-Anderson thanked the City for allowing partial payments from residents. She added this is probably more administrative work, but it is very beneficial to many residents to be able to make partial payments. Councilmember Kragness asked whether there is a minimum amount that must be paid by residents to avoid interest. City Staff stated there is no minimum payment. Councilmember Jerzak moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Mr. Ferbers, 7200 Fremont Avenue N, stated the process is very impersonal when the City is asking for such a large amount of money, and very few people showed up to the neighborhood meetings. He requested that City Staff consider contacting residents individually to ensure that they are informed about the process. Mr. Ferbers asked whether the City gives residents the option to widen their driveway, to accommodate bigger garages and more space for cars. Councilmember Kragness moved and Councilmember Jerzak seconded to close the Public Hearing. Motion passed unanimously. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-119 Certifying Special Assessments for Improvement Project No. 2024- 01 Orchard Lane East Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 8b. RESOLUTIONS APPROVING UTILITY RATES FOR 2024 Ms. Holm reviewed proposed utility rates for 2024, including rate considerations, utility improvement projects including storm drainage, sanitary sewer and water utilities, and 2024 proposed rate changes. Councilmember Kragness asked how rates are determined, and whether this range is higher than last year. Ms. Holm stated City Staff reviews expenses and percentages during the budget process. She expressed the importance of keeping sufficient reserves in place. Ms. Holm stated the rates are higher as there was no street reconstruction project in 2023. Councilmember Butler left the Council Chambers. 12/11/23 -9- DRAFT Councilmember Kragness moved and Councilmember Jerzak seconded to open the Public Hearing. Motion passed 4-0. Randy Christiansen stated recycling has been getting more and more expensive, and residents are charged more for it. He added all residents are charged whether they recycle or not. He noted he would support going back to individual recycling. Councilmember Butler returned to the Council Chambers. Councilmember Kragness moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-120 Adopting 2024 Water Utility Rates, Fees, and Charges. Councilmember Jerzak voted against the same. Motion passed. Councilmember Jerzak stated he is voting against the Resolutions because he does not support the increases as residents are struggling to pay for basic needs, and the meter reading process has not been corrected. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-121 Adopting 2024 Sewer Utility Rates, Fees, and Charges. Councilmember Jerzak voted against the same. Motion passed. Councilmember Lawrence-Anderson moved and Mayor Graves seconded to adopt RESOLUTION NO. 2023-122 Adopting 2024 Storm Sewer Utility Rates, Fees, and Charges. Councilmember Jerzak voted against the same. Motion passed. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-123 Adopting 2024 Street Light Rates and Charges. Councilmember Jerzak voted against the same. Motion passed. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2023-124 Establishing 2024 Recycling Rates and Charges. Councilmember Jerzak voted against the same. Motion passed. 12/11/23 -10- DRAFT 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER City Attorney Jason Hill stated a City Charter amendment requires a unanimous vote of the entire City Council. He added this is the second reading of the Ordinance. He noted the amendment is recommended by the Charter Commission. Councilmember Lawrence-Anderson stated the City Charter, adopted in 1966, is very comprehensive, and very few changes have been made over the years. She added this amendment would require that a grant policy must be adopted. Councilmember Kragness stated the City Charter was adopted before the City had a grant policy. Councilmember Butler stated she does not support the Ordinance as the City Council should not amend the City’s governing document. Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the Second Reading and adopt the Ordinance Amending Chapter 6 of the City Charter regarding Grant Policy. Councilmember Butler voted against the same. Motion failed. Dr. Edwards stated the proposed Ordinance would go back to the Charter Commission for review. 10b. RESOLUTION TERMINATING THE AGREEMENT FOR PROFESSIONAL SERVICES WITH NORTH METRO MINNEAPOLIS CONVENTION & VISITORS BUREAU (D.B.A. MINNEAPOLIS NORTHWEST TOURISM) Jason Aarsvold, Ehlers, reviewed recent history related to the City’s agreement with the North Metro Visitors Bureau (NMVB) and options that exist, as well as actions to be taken. Brooklyn Center has a lodging tax of 6%, collected for use on activities that promote the City itself. This is commonly undertaken by a destination marketing organization on behalf of the City, and the NMVB has managed this process for the Brooklyn Center for several decades. Mr. Aarsvold stated Maple Grove exited the NMVB in 2021, and both Brooklyn Center and Brooklyn Park passed resolutions to leave the organization but remain in partnership with each other. Withdrawal from the NMVB was eventually rescinded. A final agreement was approved in March 2023. 12/11/23 -11 - DRAFT Mr. Aarsvold stated Brooklyn Park terminated its agreement with the NMVB on November 27, 2023, citing a breach of contract. He added Brooklyn Center has the following options: continue under the current agreement or declare a breach of contract and provide notice to the MNTB terminating the agreement with a 9-month notice. He added City Staff recommends terminating the agreement under the 9-month notice provision. Councilmember Jerzak asked whether it would be legally necessary to form a new entity to manage this process. Mr. Aarsvold stated it is his understanding that City Staff may not be able to undertake these activities. He added State Statute requires that the funds are disbursed to a visitors’ or convention bureau. Mayor Graves asked how Maple Grove handled the situation. Mr. Aarsvold stated Maple Grove created their own organization. Councilmember Jerzak stated it does not make sense to him to undertake onboarding this type of organization. He added he feels this is not the best use of the funds and he will not support the motion. Councilmember Lawrence-Anderson stated she concurs and would vote to do nothing at this time. She added that NMVB Board members were present in the audience. She asked whether they could be allowed to speak as there was not ample time for them to speak during the Open Forum. She noted she has been pleased with the NMVB as they have advocated for the City, and it would be difficult to recreate a similar organization. She noted she would like to know if breaches were validated and give the NMVB an opportunity to respond. Councilmember Kragness stated Brooklyn Center does not have any direct issues with NMVB, and she would be interested to hear how the organization would be able to serve the City and focus on Brooklyn Center. Brett Hildreth, a volunteer member of the NMVB, stated a recent newspaper article presented opinions and allegations of a breach by Brooklyn Park, but the Board was not given the opportunity to provide input on the issue. He added the dispute is that a portio n of the Board members were not satisfied with the NMVB’s recent search for a new CEO. He noted the new CEO is committed to the community, has diversified the Board, and brings excellent, relevant experience. Councilmember Kragness asked what would be done differently if Brooklyn Center remains with NMVB, in terms of opportunities. Mr. Hildreth stated the NMVB would entirely focus their marketing efforts on Brooklyn Center and provide marketing support for local small businesses. Mayor Graves stated she is on the NMVB Board. She questioned the feasibility of going it alone, and whether that is a good use of the funds. She added the NMVB meetings are very dysfunctional, and she would support giving more control to the cities it represents. She noted th e CEO search was not done well as the process was flawed. She noted a meeting is scheduled for December 13, and she would recommend that the City continue with NMVB but with an out in 9 months if needed. 12/11/23 -12- DRAFT Councilmember Kragness stated a decision is being considered based on what the actions of Brooklyn Park. She added it would be fair to hear the allegations before making a decision. Mayor Graves stated it feels like a safe move for the City if there is an out in 9 months, which would give the City more options. She stressed the importance of shifting control back to the funders. Councilmember Jerzak moved and Councilmember Kragness seconded to continue under the current Agreement for Professional Services with North Metro Minneapolis Convention & Visitors Bureau, D/B/A Minneapolis Northwest Tourism. Mayor Graves voted against the same. The motion passed. 11. COUNCIL REPORT The City Council agreed to forego Council Reports in the interest of time. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Butler seconded adjournment of the City Council meeting at 8:33 p.m. Motion passed unanimously. 12/18/23 -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 SPECIAL SESSION DECEMBER 18, 2023 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met in a Special Session called to order by Mayor April Graves at 6:00 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Assistant City Manager/ City Clerk Barb Suciu, Director of Fiscal & Support Services Angela Holm, Director of Public Works Elizabeth Heyman, Director of Community Development Jesse Anderson, Police Chief Kellace McDaniel, Fire Chief Todd Berg, and Recreation Director Cordell Wiseman. 3. 2024 BUDGET AND LEVY 3a. CONSIDERATION OF THE 2024 BUDGET City Manager Reggie Edwards introduced the item and shared that staff has put a lot of work into the budget updates. He thanked staff for the commendable work they have done as a team and the sacrifices they have made to reduce the levy. He also thanked the Council for the due diligence that they have done on this as well. He added that a few Councilmembers had contacted him to clarify their concerns, which he found very helpful. He thanked the Finance Commission for their work on this. Dr. Edwards shared that the purpose of this meeting is to discuss the 2024 adjustments made since the December 4, 2023 meeting. The highlights from the December 4 meeting were to discuss staff and benefits, fleet and vehicle replacements, winter salt and sand, and other frozen positions. Dr. Edwards explained they had started at an 8.5% levy increase, and it came to the Council at an 8.2% increase. Now they have decreased it to 7.2%. He reviewed the areas where they were able to cut items from the budget, including decreases in some Finance Department salaries, a decrease in the Fire Department dog supplies, a decrease in the Police Department wireless software, a decrease in special events and professional services, a decrease in central supplies, a decrease in Community Development professional services and software, a decrease in recreation salaries and professional services, and a decrease in Public Works replacement charges. 12/18/23 -2- DRAFT Dr. Edwards noted this list of reductions came through conversations with Directors on how they can decrease the levy and make good choices around the reductions while still providing quality services. He again commended staff for their work on making these reductions. Dr. Edwards discussed his proposed one-time funding adjustments, including the Minnesota Public Safety Aid and ARPA funds. With the changes made, they reviewed the budget differences from 2023 to 2024, including slight increases in Administration, Police, Fire, and Public Works, with decreases in Finance, OCPHS, Community Development, and Parks and Recreation. Each department also saw an increase in wages of 3%. Dr. Edwards shared that they have begun to cure the structural imbalance by segregating the grant dollars out of the general fund, making them less susceptible to volatility within these funds. They also began to address items with ongoing costs that may not have ongoing revenue available, which may cause structural problems within the budget. He said they also maintained the current service level. They also invested in Fire Service sustainability, added capacity to Police, and slowed prevention investments. He noted they will return in the years to offset these prevention investments. Dr. Edwards explained a $700,000 gap in the structural imbalance they need to address in the coming years. The drivers for this imbalance, which are outside their control, include inflation, wages, vehicle costs, and response strategies. The solutions for balancing this are to reduce expenditures, grow revenues by diversifying the tax base, increase income capacity, reduce the cost of living, and innovate. He shared they will be doing a five-year financial plan as they move into the new year. He noted they will be doing the same in other departments as well. Director of Fiscal & Support Services Angela Holm reiterated the thanks to all department heads who stepped up to bring this budget down. She discussed the property tax levy and shared that the dollar value difference from 2023 to 2024 was $1,632,621. She reviewed the adjusted cost of government with the updated numbers and the tax impact on the residents. In a home with the average market value, the average homeowner would see an increase of about $70 per year in the City portion of their property tax statement. Councilmember Lawrence-Anderson shared her appreciation for all the hard work that everyone put into this. She noted that she is concerned with the sustainability of the ARPA funds and the public safety money as it is one-time funding. She asked what the 2025 budget would look like without these dollars. Dr. Edwards shared that they know they have to come back to areas that will have some increases in the future. He noted that if they cannot sustain these types of items when it comes time for the City to fund them, they will need to decide on this then. Councilmember Lawrence-Anderson shared she is also concerned with grants and the new grant policy. She asked if they could help her understand what grant-funded positions they currently have. She added there was also a reduction of 40.24% under the City Clerk and asked where this was coming from. City Clerk Barb Suciu shared that in 2023, they did a restructuring, and the customer service person with the City Clerk has now gone over to a different department. 12/18/23 -3- DRAFT Councilmember Lawrence-Anderson asked about the vacancy of $400,000. She asked why they would budget for something while anticipating it being vacant. Dr. Edwards explained that they will never have total capacity; however, they have to be funded to fill all positions fully, and if they do not, then this money is available. Ms. Holm reiterated that they budget 100% total capacity on all approved positions; however, they consider that not all positions will be filled every day of the following year. This is a budgeting tool that allows them to capture the savings that they know exist while being careful that they are not keeping these things open. Councilmember Jerzak noted that a lot of work went into this between Staff, Administration, and Council and acknowledged that this answers their needs and what they felt needed to be reflected in the budget. This budget is uncomfortable for him; however, it has to be done. He noted that the sustainability for 2025 is a concern. The budget does have a lot of good items in it that outweigh the bad. He shared he will vote to accept this budget. Councilmember Kragness shared that she is very impressed that they were able to decrease the levy by 1%. She acknowledged the staff who worked very hard to get these numbers down. She noted the concern of ensuring that they are closely monitoring their expenses from now on to balance sustainability while promoting growth. She also acknowledged Ms. Holm's sacrifice with the reserve item, which was reduced by $100,000. She noted that Community Development had decreased, which she understands; however, in the future, they need to be able to invest more into this to grow businesses to offset the levy. Councilmember Butler echoed the comments of her fellow Councilmembers. She thanked the staff for their hard work decreasing the budget and levy. Councilmember Lawrence-Anderson asked if the levy could be reduced from 8.2% to 7.2% if the county would send out new tax statements to everyone. Ms. Holm explained they would certify this levy to the county, and the property tax statements would be reissued from there. Mayor Graves thanked the staff for their hard work on this. She asked what the one full-time position was reduced from the Parks and Recreation budget. Dr. Edwards stated it was the Outreach Manager position. They are maintaining the Outreach Coordinator and have other existing managers who will take up some of the management responsibilities. Mayor Graves asked how much of a reduction was made to the departments that did not get an increase with the Public Safety Aid. Dr. Edwards explained that when they first got notification from the state about what the Public Safety Aid would be, they met with the departments and allocated the funds amongst them. There was around $200,000 that they had not yet allocated. Mayor Graves asked if there was a $15,000 decrease from all departments and a $200,000 increase in Police overtime. Dr. Edwards said yes. Mayor Graves asked about the decrease in the OCPHS funding and if $690,000 of this decrease 12/18/23 -4- DRAFT was just a shift to the grant fund, and the actual reduction was only $75,022. Dr. Edwards said yes. He added that there was also a reduction in engagement for special events. He noted that this year, they are staying at the base number for 2023, and there was no increase while they shifted some of the funds to other areas. Mayor Graves asked if there was still an investment from the general fund. Dr. Edwards said yes. Mayor Graves echoed Councilmember Kragness's comments concerning the need to grow economic development. This is one of the most important ways to help balance the budget, as it brings in additional revenue. She shared that she liked the first budget better than the current proposed budget. The services provided on the first budget were worth the additional $13 per household. She still thinks the staff worked very hard to bring these numbers down. She said moving forward, if there are items people do not like on the front end, they should be discussed and hashed out at the beginning of this process. Mayor Graves said she would continue to support the work in the community that she thinks moves everyone forward innovatively and inclusively. Doing this work collaboratively will make all departments work more effectively, and lifting work that has not been done historically does not mean negating work that has been done. 3b. RESOLUTION NO. 2023-126; APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2024 Councilmember Butler moved and Councilmember Kragness seconded to adopt RESOLUTION NO. 2023-126; Approving Final Tax Capacity Levies for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2024. Motion passed unanimously. 3c. RESOLUTION NO. 2023-127; ADOPTING THE 2024 ANNUAL CITY BUDGET Councilmember Kragness moved, and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2023-127; Adopting the 2024 Annual City Budget. Motion passed unanimously. 3d. RESOLUTION NO. 2023-128; APPROVING THE 2024-2028 CAPITAL IMPROVEMENT PLAN AND ADOPTING THE 2024 CAPITAL PROGRAM Mayor Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2023- 128; Approving the 2024-2028 Capital Improvement Plan and Adopting the 2024 Capital Program. Motion passed unanimously. 12/18/23 -5- DRAFT 4. ADJOURN Councilmember Jerzak moved, and Councilmember Butler seconded the adjournment of the City Council special meeting at 6:47 p.m. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :Barb S uciu, A ssistant City Manager/C ity C lerk BY:S hannon Pe-t, D eputy C ity C lerk S U B J E C T:A pproval of Licens es Requested Council A con: - Moon to approve the licenses as presented. B ackground: The following bus inesses /persons have applied for C ity licens es as noted. Each bus iness/pers on has fulfilled the requirements of the City O rdinance governing res pec6ve licenses , submi7ed appropriate applica6ons, and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the City Code of O rdinances, unless comments are noted below the property address on the a7ached rental report. M echanical 4 F ront Energy 3230 G orham Ave, S te 1, S t. L ouis Park 55426 A ir Knights H ea6ng & Cooling, I nc. 5885 149th S t, S te 101 E, A pple Valley 55124 Avid H ea6ng & Cooling 9180 County Road 11, I ndependence 55359 M K Mechanical I nc. 23996 O linda Trail N, S candia 55073 Peak H ea6ng & C ooling 7801 Park D r., S te B, C hanhas s en 55317 S olid Refrigera6on L L C 1125 A merican Blvd E, Bloomington 55420 S P I Mechanical L L C 1116 Lincoln S treet N E, Minneapolis 55413 S R M echanical 6757 O xford S treet, S t. Louis Park 55426 United S tates Mechanical, I nc. 3526 88th Ave N E, Blaine 55014 Liquor - Intoxicang B B's Live F ire G rille 2590 F reeway Blvd Liquor - O n-S ale S unday B B's Live F ire G rille 2590 F reeway Blvd Entertainment B B's Live F ire G rille 2590 F reeway Blvd B udget I ssues: - None I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera6onal Excellence AT TA C H M E N TS : D escrip6on U pload D ate Type Rental C riteria 6/20/2023 Backup M aterial Rental P roper6es 1/2/2024 Backup M aterial 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 Location Address License Subtype Renewal/Initial Owner Property Code Violations License Type Police CFS* Final License Type** Previous License Type*** Consecutive Type IV's 1331 67th La N Single Initial Matthew Weinacht 7 Type III N/A Type III N/A N/A 3700 55th Ave N Single Initial James Ayotunde Olatunbosun 9 Type III N/A Type III N/A N/A 5542 Judy La Single Initial Kao Yang & Mai Yer Xiong 11 Type IV N/A Type IV N/A 0 6301 Grimes Ave N Single Initial Tariq S Hussain | Yong Her 1 Type I N/A Type III N/A N/A 6657 Xerxes Pl N Single Initial Michael Greene & Lydia Logan 15 Type IV N/A Type IV N/A 0 6836 Dupont Ave N Single Initial Dorothy Grande 5 Type II N/A Type III N/A N/A 1107 57th Ave N Multiple Family 1 Bldg 4 Units Renewal Alexander Irwin Met Requirements 11 = 2.75 per unit Type III 0 Type III Type IV N/A 3401 47th Ave N Multiple Family 2 Bldgs 22 Units Renewal Bmw Holding Llc Et Al Met Requirements 51 = 2.3 per unit Type III 0 Type III Type IV N/A 3513 47th Ave N Multiple Family 1 Bldg 11 Units Renewal 6939 Baird Llc 53 = 4.8 per unit Type IV 0 Type IV Type IV 2 4806 Twin Lake Ave N Multiple Family 1 Bldg 3 Units Renewal Pheng Lee Met Requirements 7 = 2.3 per unit Type III 0 Type III Type III N/A 5301 Russell Ave N Multiple Family 2 Bldgs 36 Units Renewal Amax Sommerset Llc Met Requirements 41 = 1.14 per unit Type II 0 Type III Type IV N/A 5800 Logan Ave N Multiple Family 2 Bldgs 22 Units Renewal Farnaz Toussi Met Requirements 13 = 0.59 per unit Type I 0 Type I Type III N/A 6221 Shingle Creek Pkwy Multiple Family 1 Bldg 171 Units Renewal The Crest Apartments Llc Met Requirements 67 = 0.39 per unit Type I 2 2/12/23 Public Disturbance 12/26/23 Public Disturbance Type I Type III N/A 6807 Humboldt Ave N Multiple Family 3 Bldgs 36 Units Renewal Cmcb Llc 320 = 8.89 per unit Type IV 0 Type IV Type I 0 2401-03 54th Ave N Two Family Renewal Michael Tulkki 5 Type II 0 Type II Type II N/A 4201 Lakeside Ave N, #209 Condo Renewal Robert J Morgan 3 Type II 0 Type II Type I N/A 4207 Lakeside Ave N, #240 Condo Renewal Tommy Conteh Met Requirements 0 Type I 0 Type I Type IV N/A 819 Woodbine La Single Renewal Fyr Sfr Borrower Llc 2 Type I 0 Type I Type II N/A 1308 68th La N Single Renewal Roth Wagner Llc1 7 Type III 0 Type III Type I N/A Rental Licenses for Council Approval 1.8.24 1900 Brookview Dr Single Renewal Ih3 Property Minnesota Lp Did not meet requirements 6 Type III 0 Type IV Type IV 2 2607 65th Ave N Single Renewal Oluwaferanmi Amusan Met Requirements 0 Type I 0 Type I Type IV N/A 2618 64th Ave N Single Renewal SFR II BORROWER 2021-3 LLC Met Requirements 0 Type I 0 Type I Type IV N/A 3206 63rd Ave N Single Renewal Lam The Nguyen Met Requirements 5 Type II 0 Type II Type IV N/A 3301 Lawrence Rd Single Renewal Mnhomes2go Llc Did not meet requirements 33 Type IV 0 Type IV Type IV 3 3312 65th Ave N Single Renewal Charles Edwin Kaatz 2 Type I 0 Type I Type I N/A 3706 55th Ave N Single Renewal Mains'l Properties Llc 0 Type I 0 Type I Type I N/A 3807 61st Ave N Single Renewal Ih2 Property Illinois Lp 4 Type II 0 Type II Type II N/A 5024 Lilac Dr N Single Renewal Carlos Balibrera Et Al 2 Type I 0 Type I Type II NA 5101 Eleanor La Single Renewal Saintpaulproperties Llc 1 Type I 0 Type I Type II N/A 5121 France Ave N Single Renewal Ih2 Property Illinois Lp 8 Type III 0 Type III Type I N/A 5214 Drew Ave N Single Renewal Chad Tesmer/sharmain Tesmer 1 Type I 0 Type I Type I N/A 5322 Irving Ave N Single Renewal Peter Phuong Nguyen Met Requirements 6 Type III 0 Type III Type IV N/A 5535 Colfax Ave N Single Renewal Christopher Nicholls Did not meet requirements 4 Type II 0 Type II Type III N/A 5548 Logan Ave N Single Renewal Lateef & Risikat Olarinde 0 Type I 0 Type I Type II N/A 5900 Washburn Ave N Single Renewal Lance Nordin 3 Type II 0 Type II Type II N/A 6224 Scott Ave N Single Renewal AUX Funding LLC Met Requirements 0 Type I 0 Type I Type III N/A 6307 Scott Ave N Single Renewal Iasis Vii Llc did not meet requirements 9 Type III 0 Type IV Type IV 2 6337 June Ave N Single Renewal SFR ACQUISITIONS 2 LLC Met Requirements 8 Type III 0 Type III Type III N/A 6406 Indiana Ave N Single Renewal William W Coleman Jr 2 Type I 0 Type I Type II N/A 6412 Humboldt Ave N Single Renewal Tou Yang 6 Type III 0 Type III Type I N/A 6413 Toledo Ave N Single Renewal SFR ACQUISITIONS 6 LLC 4 Type II 0 Type II Type II N/A 6436 Scott Ave N Single Renewal Jane Kungu & Antony Kungu Met Requirements 2 Type I 0 Type I Type IV N/A 6501 Brooklyn Dr Single Renewal ADS LLC Did not meet requirements 20 Type IV 0 Type IV Type IV 5 6536 Chowen Ave N Single Renewal BRIDGE SFR IV BORROWER I LLC 13 Type IV 0 Type IV Type IV 4 6601 Xerxes Pl N Single Renewal GARY D SCHLOTFELDT REV TRUST 1 Type I 0 Type I Type II N/A 6800 Scott Ave N Single Renewal Golden Touch Holdings Met Requirements 11 Type IV 0 Type IV Type IV 4 6915 Logan Ave N Single Renewal ATV LLC 5 Type II 0 Type II Type I N/A 6925 Scott Ave N Single Renewal Hamdi M Omar Did not meet requirements 4 Type II 0 Type IV Type IV 3 7001 Fremont Ave N Single Renewal Hpa Borrower 2018-1 Ml Llc Met Requirements 4 Type II 0 Type II Type IV N/A 7136 Halifax Ave N Single Renewal David Lehner Smith Et Al 1 Type I 0 Type I Type II N/A 7200 Morgan Ave N Single Renewal Dwayne M Holmstrom 1 Type I 0 Type I Type I N/A 7212 Humboldt Ave N Single Renewal Ih2 Property Illinois Lp Met Requirements 2 Type I 0 Type I Type IV N/A 7218 Grimes Ave N Single Renewal S Banks & D Banks 1 Type I 0 Type I Type I N/A 7225 Major Ave N Single Renewal Iasis Iii, LLC Met Requirements 14 Type IV 0 Type IV Type IV 2 *CFS = Calls for Service for renewal licenses only (initial licenses are not applicable to calls for service, and will be listed as N/A) **License type being issued ***Initial licenses will not show a Type I = 3 year, Type 2 = 2 year, Type III = 1 year, Type IV = 6 months All properties are current on City Utilities and property taxes C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, A ssistant City Manager/C ity C lerk S U B J E C T:Res olu-on D esigna-ng O fficial Newspaper Requested Council A con: - A pprove resolu on D esigna ng Official New spaper for 2024 B ackground: S ec-on 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circula-on of the C ity as its official newspaper in w hich the C ity will publish ordinances, bids , public hearing no-ces, adver-sing for propos als, asses s ments , bonds, financial reports, and other ma6ers as required by law. S un Media has once again requested that the City Council consider designa-ng Brooklyn C enter S un-Post to be the official new s paper for 2024. Brooklyn C enter S un-Post meets all neces s ary requirements of a qualified newspaper under M N S tatutes 331 A .02, S ubd. 1. The rate s tructure is a6ached is the quote from Eas t Central Minnes ota. B udget I ssues: Legal publica-ons are a budgeted item. I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera-onal Excellence AT TA C H M E N TS : D escrip-on U pload D ate Type Res olu-on 1/3/2024 Backup M aterial Newspaper Q uotes 1/3/2024 Backup M aterial Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER RESOLUTION NO. _______________ RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2024. January 8, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H : BY:Barb S uciu, A ssistant City Manager/C ity C lerk S U B J E C T:Res olu,on S elec,ng P res iding O fficers -Mayor P ro Tem and P res ident P ro Tem Requested Council A con: - A ppoint the M ayor P ro Tem and A cng P resident P ro Tem for 2024 B ackground: S ec,on 2.06 of the City Charter requires the Council to choose from its members a P resident P ro Tem w ho s hall hold office at the pleasure of the council and shall s erve as P res ident in the Mayor's absence and as Mayor in case of the M ayor's disability or absence from the City. City Council Res olu,on No. 92-262, Es tablishing and D esigna,ng an A c,ng P resident P ro Tem of the C ity Council, s tates the mos t s enior Council member s hall preside in the abs ence of both the M ayor and Mayor P ro Tem, and that in the event two or more members have equal seniority, then that member shall pres ide w ho received the most votes in their mos t recent elec,on. Kris L awrence-Anderson (first elected N ovember 6, 2012) Marquita B utler (first elected N ovember 8, 2016) Teneshia Kragness (first elected N ovember 8, 2022) D an Jerzak (firs t elected November 8, 2022) B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: O pera,onal Excellence AT TA C H M E N TS : D escrip,on U pload D ate Type Res 92-262 1/11/2019 Backup M aterial C ity C harter 1/11/2019 Backup M aterial A ppoin,ng M ayor P ro Tem 1/4/2024 Resolu,on LeAer CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. _____ RESOLUTION APPOINTING PRESIDING OFFICERS – MAYOR PRO TEM AND ACTING MAYOR PRO TEM BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that for 2024 the Mayor Pro Tem be Councilmember Kris Lawrence-Anderson and the Acting Mayor Pro Tem be the most senior councilmember present in accordance with Resolution 92-262. January 8, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, A ssistant City Manager/C ity C lerk S U B J E C T:Res olu-on D eclaring Commitment to the Brooklyn Center City Charter Requested Council A con: - A pprove resolu on D eclaring C ommitment to the Brooklyn C enter C ity C harter B ackground: The C ity M anager is directed to place this res olu-on for re-adop-on on the agenda for the firs t mee-ng of the C ity C ouncil each January as informa-on as and reminder of C ouncil/M anager responsibili-es. B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: O pera-onal Excellence AT TA C H M E N TS : D escrip-on U pload D ate Type Res olu-on 1/3/2024 Backup M aterial CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council’s responsibilities; and RESOLUTION NO. WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3. To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 8, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, A ssistant City Manager/C ity C lerk S U B J E C T:Res olu-on Recognizing the C ontribu-ons of Ethnic Popula-ons and H eritage C elebra-ons Requested Council A con: - A pprove a resolu on Recognizing the C ontribu ons of Ethnic Popula ons and H eritage C elebra ons B ackground: S ince 2003, as part of the City Council's goal of inclusivenes s , one of the as pects was to recognize the various ethnic popula-ons and their contribu-ons as w ell as heritage celebra-ons . The proposed res olu-on implements that C ouncil policy by an inclusive list of celebra-ons and contribu-ons in one res olu-on. By adop-ng this resolu-on, the City acknow ledges thes e many events that occur throughout the course of the year. This list is reviewed and amended annually. B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: Enhanced Community I mage, I nclusive C ommunity Engagement, O pera-onal Excellence AT TA C H M E N TS : D escrip-on U pload D ate Type Res olu-on 1/3/2024 Backup M aterial CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center’s community life by emphasizing opportunities to include all residents in the community’s activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center’s population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African-American History Month March National Women’s History Month March Irish-American Heritage Month March 25 Greek Independence Day April National Arab American Heritage Month April 14 Pan American Day May Asian and Pacific American Heritage Month May Jewish American Heritage Month May 17 (Syttende Mai) Norwegian Constitution Day May 21 World Day for Cultural Diversity June Caribbean-American Heritage Month June 6 Swedish National Day September 15-October 15 Hispanic Heritage Month October Italian American Heritage Month October 6 German-American Day November American Indigenous Heritage Month RESOLUTION NO. January 8, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:A ngela H olm, D irector of F iscal & S upport S ervices S U B J E C T:Res olu0on D esigna0ng D epositories of C ity F unds for 2024 Requested Council A con: - Moon to approve a resoluon designang depositories of C ity funds for the 2024 fiscal year. B ackground: At the beginning of each fiscal year, in accordance with M innesota S tatutes 118 A .02 and City Council Policy 2.22.4.A , the C ity C ouncil cons iders a resolu0on authoriz ing depos itories for C ity funds. The resolu0on includes banks with a pres ence in Brooklyn Center as well as any banks with whom the C ity deals on a regular bas is throughout the year. The a7ached res olu0on des ignates banks which may not currently hold City funds but w hich may during the fis cal year, become a depository for City funds . O ther financial depositories, s uch as the 4 M F unds, are included becaus e we are members of thos e depos itories . Not all inves tment dealers /brokers are part of the City ’s current program but are authoriz ed, a9er filing the appropriate Broker C er0fica0on Form, a requirement of Minnes ota S tatutes 118 A , to trans act busines s w ith the C ity of Brooklyn C enter. I f the City has no contact or ac0vity with a dealer/broker during the previous fiscal year, that firm is removed not included in the succeeding year ’s list. A ll banks , depos itories , inves tment dealers and brokers , with the excep0on of the Federal Res erve Bank of M inneapolis , are checked for cer0fica0on by F D I C , S I P C or other cer0fica0on as required by Minnes ota S tatutes 118 A . A ll of this documenta0on is review ed by the C ity ’s auditors during the financial statement audit each year. B udget I ssues: - There is no direct financial impact on the City. I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera0onal Excellence AT TA C H M E N TS : D escrip0on U pload D ate Type Res olu0on 1/4/2024 Resolu0on Le7er CITY OF BROOKLYN CENTER RESOLUTION NO. _______________ RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2. That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) Minnesota Municipal Money Market Time Series Pools (4M Time Series) Oppenheimer & Co., Inc Moreton Capital Markets, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City’s name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. 3. That the following named clearinghouses for credit card transactions are hereby designated for accepting payments: Wells Fargo Merchant Services Fidelity Payment Services Paya Payment Services PayTrac Payment Services GolfNOW Payment Services RESOLUTION NO.______________ 4. Principal Custody Solutions is hereby designated as the safekeeping depository for investment instruments in the City’s investment portfolio and as clearinghouse for the City’s investment portfolio transactions. 5. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 8, 2024 Date Mayor ATTEST: City Clerk Moved: Seconded: Favor: Against: whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:A ngela H olm, D irector of F iscal & S upport S ervices S U B J E C T:Res olu0on O p0ng Not to Waive Limited Tort Liability for 2024 Requested Council A con: - Moon to approve a resoluon adopng the no w aiver opon for statutory tort liability insurance. B ackground: Each year the C ity mus t choos e whether to w aive tort liability limit protec0ons of Minnes ota S tatutes 466.04 as part of the insurance policy renew al applica0on proces s . M .S . 466.04 states that the maximum liability for a city for any claim is $500,000 with an aggregate maximum of $1,500,000 per incident. I n pas t years the C ity C ouncil has chosen not to w aive the liability limits and the regular premium for insurance has covered all claims. I f the City w ere to waive the limits s et by s tatute, it would be prudent to purchas e addi0onal ins urance coverage to cover possible higher aw ards in liability claims . P remiums for such insurance w ould be approximately $6,700 per year. B udget I ssues: The 2024 budget an0cipates leaving the no w aiver op0on in place for 2024 and has an0cipated ins urance premiums based on that no waiver op0on. I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip0on U pload D ate Type Res olu0on 1/2/2024 Resolu0on Le=er CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2024 WHEREAS, the City of Brooklyn Center has an option to waive its protection under the tort liability limitation contained in Minnesota Statutes 466.04; and WHEREAS, the statutory tort limit for 2024 is $500,000 per individual with an aggregate of $1,500,000 per incident; and WHEREAS, the City of Brooklyn Center has not opted to waive its rights to limited tort liability in past years and is required to make a declaration of its intention every year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 for 2024. January 8, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:A ngela H olm, D irector of F iscal & S upport S ervices S U B J E C T:Res olu0on G ran0ng Corporate A uthority for S igning of Checks and Transac0ons of F inancial Bus iness M a3ers Requested Council A con: - Moon to approve a resoluon granng corporate authority for signing checks and transacons of financial business maers to the C ity M anager and F inance D irector for the C ity of Brooklyn C enter. B ackground: Many investment firms require the adop0on of a resolu0on by the corporate board, in this cas e the City Council, authoriz ing specific officers to transact financial bus iness involving treasury notes , cer0ficates of deposit and other s ecuri0es . The a3ached resolu0on fulfills that requirement by appoin0ng the City Manager, and the F inance D irector, w ho s erves as the City Treas urer, as the officers authorized to trans act s uch bus iness. B udget I ssues: - None I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: S afe, S ecure, S table C ommunity, O pera0onal Excellence AT TA C H M E N TS : D escrip0on U pload D ate Type Res olu0on 1/2/2024 Resolu0on Le3er CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTIONS OF FINANCIAL BUSINESS MATTERS WHEREAS, the City Treasurer must be a signatory to any and all checks issued by the City in payment of obligations of the City; and WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign, and endorse for transfer various financial instruments in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Dr. Reggie Edwards, City Manager, and Angela Holm, Finance Director, are hereby authorized to sell, assign and endorse for transfer certificates representing treasury notes, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 8, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk/I nterim A s s is tant C ity M anager S U B J E C T:Res olu/on A ppoin/ng C ouncil Members to C ommis s ions and O utside O rganiza/ons Requested Council A con: - A pprove a resolu on appoin ng C ity C ouncil Members to S erve as Liaisons to C ity A dvisory C ommissions and as C ity Representa ves/Vo ng D elegates for Other Organiza ons for 2024 B ackground: H istorically this ac/on is completed at first mee/ng of the year. City Council M embers are appointed to s erve as C ouncil Liais ons to City A dvisory C ommis s ions and as Council representa/ves or vo/ng delegates/alternates for boards , commi7ees, or organiz a/ons in w hich the C ity par/cipates . This years appointments are as follows: Commission/O rganizaon C ouncil M ember F inancial Commission Teneshia Kragnes s H ousing Commission Kris Law rence-A nderson Park & Recrea/on C ommis s ion Marquita Buter Brooklyns Youth Council A pril G raves Crime P reven/on P rogram Tenes hia Kragness League of M innesota Ci/es A pril G raves; Kris L awrence-A nders on A lternate Metro C i/es Kris L awrence-A nders on; A pril G raves A lternate 252 P roject A dvisory C ommi7ee D an Jerzak B udget I ssues: None I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: O pera/onal Excellence AT TA C H M E N TS : D escrip/on U pload D ate Type Res olu/on of A ppointments 1/4/2024 Resolu/on Le7er CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2024 WHEREAS, the City of Brooklyn Center City Council members are appointed to serve as liaisons to City Advisory Commissions and to serve as City Representatives/Voting delegates for other organizations annually; and WHEREAS, this resolution will ratify the appointments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: Commission/Organization Council Member Financial Commission Teneshia Kragness Housing Commission Kris Lawrence-Anderson Park & Recreation Commission Marquita Butler Brooklyns Youth Council April Graves Crime Prevention Program Teneshia Kragness League of Minnesota Cities April Graves Metro Cities Kris Lawrence-Anderson 252 Project Advisory Committee Dan Jerzak January 8, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Barb S uciu, A ssistant City Manager/C ity C lerk S U B J E C T:Res olu-on A ppoin-ng Brooklyn C enter Repres enta-ves to Execu-ve C ommi2ee and/or Board of D irectors of the Brooklyn Bridge A lliance for Youth, H ennepin Recycling G roup, L ocal G overnment I nforma-on S ystems, Minneapolis Northwes t Conven-on & V isitors Bureau, North Metro M ayors A ssocia-on, Northw est S uburbs Cable C ommunica-ons C ommis s ion, Pets Under Police S ecurity, and Twin L ake Joint Powers O rganiz a-on Requested Council A con: - M oon to appr ove the resoluon A ppoinng Brooklyn C enter Representaves to Execuve C ommiee and/or Board of D ir ector s of the Brook lyn Bridge A lliance for Youth, H ennepin Recy cling G roup, Local G overnment I nformaon S ystems, Minneapolis N orthwest C onvenon & V isitors Bur eau, North Metro May ors A ssociaon, Northwest S ubur bs C able C ommunicaons C ommission, Pets U nder Police S ecurity, and Twin L ake J oint Pow ers Organizaon B ackground: The C ity of Brooklyn C enter has entered into s everal J oint and C oopera-ve A greements w ith various organiza-ons. Each of the joint pow ers agreements have been review ed and the organiz a-ons w hos e agreements provide that appointment of directors be made by the governing body or by C ity C ouncil res olu-on have been iden-fied. S ome of the agreements require annual appointment, s ome provide that a director is appointed un-l s ucceeded, and some provide that a certain posi-on s erve as the repres enta-ve. H ere is the purpos e for each Joint Powers A greement: Brooklyn Bridge A lliance for Youth The purpos e is to create a collabora-ve ini-a-ve through which the par-es may coopera-vely create a community-wide vision that w ill focus on developing a detailed ac-on plan to collaborate in support of pos i-ve youth development opportuni-es for all you in Brooklyn C enter and Brooklyn Park. The A lliance w ill concentrate on encouraging community partners hips that will improve the factors building posi-ve youth development and diminis h or eliminate influences that limit healthy youth development. H ennepin Recycling G roup The purpos e is for the par-es jointly and coopera-vely provide for the efficient and economical collec-on, recycling and disposal of s olid w aste w ithin and without their respec-ve corporate boundaries , all in compliance with the Minnes ota Waste Management A ct, Minnes ota S tatutes, Chapter 115 A . Local G overnment I nforma-on S ys tems The purpos e is to provide for an organiza-on through which the par-es may jointly and coopera-vely provide for the es tablishment, opera-on and maintenance of data proces s ing facili-es and management informa-on s ystems for the use and benefit of the par-es and others. Minneapolis Northwes t Conven-on& V isitors Bureau The government and policy-making responsibili-es of M inneapolis Northw est shall be vested in the Board of D irectors , which shall control its property, be res pons ible for its finances , direct its affairs and establis h policy. I t s hall be the obliga-on of the Board of D irectors to ins ure repres enta-on on the Board and its commi2ees from all appropriate s takeholders w ithin its s ervice area. North Metro M ayors A ssocia-on The purpos e of the Coali-on is to promote trans porta-on and economic development and to assist governmental units in providing government s ervices and conduc-ng government func-ons effec-vely and efficiently. Northw est S uburbs Cable C ommunica-ons Commission The general purpose is to establis h an organiz a-on to s tudy, prepare, adopt, grant, transfer, renew, adminis ter and enforce a cable commission franchise(s ), and to s tudy and make recommenda-ons as neces s ary, regarding other telecommunica-ons issues , in member municipali-es in the Northw est S uburbs of H ennepin C ounty, M innesota. Pets U nder Police S ecurity The purpos e is to create an organiza-on by w hich the par-es may jointly and coopera-vely provide for the efficient and economical impoundment of animals coming into their posses s ion in the cours e of the conduct of municipal animal control programs in a jointly ow ned and operated animal control impound facility. Twin L ake Joint Powers O rganiz a-on The purpos e is for all par-es find that there is a need for local regula-on of ac-vi-es on Twin L akes and for coordinated and coopera-ve law enforcement on the L akes . B udget I ssues: There are no budget is s ues to consider. I nclusive C ommunity Engagement: - None A nracist/Equity Policy Effect: - None S trategic Priories and Values: Enhanced Community I mage, O pera-onal Excellence AT TA C H M E N TS : D escrip-on U pload D ate Type Res olu-on of B C Reps to J P O 's 1/4/2024 Resolu-on Le2er CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, MINNEAPOLIS NORTHWEST TOURISM NORTH METRO MAYORS ASSOCIATION, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, AND TWIN LAKES JOINT POWERS ORGANIZATION WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 3.2, of the joint powers agreement states that each member appoints one member of its governing body as a voting Director, one Alternate Director, one Director from the City’s Police Department, and one Director from the City’s Parks and Recreation Department; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention & Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director and one Alternate Director to the Board of Directors. WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: Brooklyn Bridge Alliance for Youth, Member April Graves Brooklyn Bridge Alliance for Youth, Alternate Member Marquita Butler Brooklyn Bridge Alliance for Youth, Police Kellace McDaniel Brooklyn Bridge Alliance for Youth, Parks and Recreation Cordell Wiseman Hennepin Recycling Group, Director Reggie Edwards Hennepin Recycling Group, Alternate Director Liz Heyman Local Government Information Systems (LOGIS), Director Reggie Edwards Local Government Information Systems (LOGIS), Alternate Director Kao Yang Minneapolis Northwest Tourism, Director April Graves Minneapolis Northwest Tourism, Director Cordell Wiseman Minneapolis Northwest Tourism, Alternate Director Jesse Anderson North Metro Mayors Association, Director – City Manager Reggie Edwards North Metro Mayors Association, Director April Graves Northwest Suburbs Cable Communications Commission, Council Kris Lawrence-Anderson Northwest Suburbs Cable Communications Commission, Resident Darryl Sannes Pets Under Police Security, Director Richard Gabler Pets Under Police Security, Alternate Director Garett Flesland Twin Lakes Joint Powers Organization, Director Tony Gruenig Twin Lakes Joint Powers Organization, Alternate Director Rick Gabler January 8, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :L iz H eyman P ublic Works D irector BY:C ynthia Majors , P ublic Works A dmin A s s is tant S U B J E C T:Res olu3on D eclaring a P ublic Nuisance and O rdering the Removal of D is eas ed Trees at C ertain P roper3es in Brooklyn C enter, Minnes ota Requested Council A con: - Moon to approve a resoluon declaring a public nuisance and ordering the removal of diseased trees at certain properes as listed in the resoluon B ackground: The a8ached r esolu3 on repres ents the official C ity C ouncil ac3on required to expedite r emoval of dis eas ed trees that w ere r ecently marked by the C ity Tree I ns pector. The C ity has maintained a policy of removing and properly dis pos ing of diseased trees in order to prevent tree dis eas es from spreading thr oughout the community. The removal of diseased trees is defined in City O rdinance C hapter 20-301 to 20-306. A lthough the City has his torically focused on D utch Elm dis eas e, other transmis s ible dis eas es and infes ta3 ons are addressed as well. P roperty ow ner s are giv en the oppor tunity to remov e the dis eas ed tree on their ow n or enter into an agreement to allow the C ity to r emove the dis eas ed tree. W here an agreement w ith the property ow ner is executed, a minimal adminis tra3ve charge of $50 is applied to the cos ts associated with the tree removal. A Cer a diseased tr ee is declared a public nuisance by the C ity Council, another C ompliance No3 ce w ill be provided to the property ow ner allowing addi3 onal 3 me, at leas t five (5) days , for voluntary correc3on, again providing an op3on for an agreement with the C ity. I f the property ow ner does not corr ect the viola3on or enter into an agr eement, the C ity will remove the dis eas ed tree. A n adminis tra3v e abatement s ervice charge w ill be impos ed bas ed on the cos t of the abatement, with a minimum charge of $150. B udget I ssues: The C ity ’s s hare of the cos t of removal for dis eas ed trees w ithin the public right-of-w ay and on C ity property is included in the 2024 budget under the P ublic Works For es tr y opera3ng budget. The cos t of removal for dis eas ed trees located on pr ivate property is the r es pons ibility of the r es pec3v e property ow ner, and if unpaid, is s pecially as s essed to the property. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip3on U pload D ate Type D is eas ed Tree Res olu3on 12/7/2023 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City allowing the owners twenty (20) days to remove diseased trees on the owners’ property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type Tree Number 2200 Freeway Blvd Ash 16-54 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with City codes and Minnesota Statutes Chapter 429. RESOLUTION NO._______________ 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Todd Berg - F ire C hief S U B J E C T:Res olu.on A ppoin.ng M unicipal Trustees to the Brooklyn Center F ire Relief A s s ocia.on Board of Trus tees Requested Council A con: - Moon to approve a resoluon appoinng municipal trustees to the Brookly n C enter F irefighters Relief A ssociaon Board of Trustees B ackground: A r.cle V of the Brooklyn Center F irefighters Relief A ssocia.on Bylaw s s tates that the Board of D irectors s hall consist of three (3) officials draw n from the M unicipality. T he three (3) Municipal O fficials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representa.ves by the municipal governing board annually, and the chief of the municipal fire department. Elected Municipal O fficial, A pril G raves Elected or A ppointed Municipal O fficial, A ngie H olm F ire Chief, Todd Berg B udget I ssues: None I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: O pera.onal Excellence AT TA C H M E N TS : D escrip.on U pload D ate Type Res olu.on 1/2/2024 Resolu.on Le<er Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually, and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2024: Elected Municipal Official April Graves Elected or Appointed Municipal Official Angie Holm Fire Chief Todd Berg January 08, 2024 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. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:Todd Berg - F ire C hief S U B J E C T:Res olu.on Reques.ng A pproval for Three (3) New F ire Trucks P urchas e Requested Council A con: - Moon to approve a C ontract for the purchase of three (3) fire trucks from F ire S afety U S A . B ackground: The fire department is reques.ng to purchase three new fire engines to replace four current fire trucks. These new trucks will replace Engines 2 (22 years old), 5 (8 years old), 6 (17 years old), w hich are all nearing the end of their expected life. Engine 5 was a demo truck when purchas ed and is us ed by the duty crew and has over 80,000 miles on it and has been in a major accident. Engine 5 will have s ome res ale value when the new trucks arrive w here as the other two will have li?le to no value (less than $15,000) We are also proposing to s ell L adder 4 which has a current value of around $400,000 and is 17 years old. These new trucks w ould be very similar and able to rotate for the duty crew truck to spread the wear and tear on all three and w ould w rap up replacements for the fleet of fire trucks for many years to come. Therefore, the replacement of these trucks w ould be pivotal to the s afety and w elfare of our ci.z ens of Brooklyn C enter. The fire department has strategically sugges ted thes e vehicle replacements based on the need of the community and the department's s afety and a savings of $80,000 – 100,000 per engine ahead of the new 2026 emis s ion changes. We met w ith 3 different vendors and have spent numerous hours res earching the best value and safety features . The F ire Chief, F leet Manager and F inance D irector have met numerous .mes and recommends to proceed w ith F ire S afety U S A , of Roches ter, M N through the S ourcew ell purchas ing consor.um. B I D S : F ire S afety, U S A – 2,879,985 Custom F ire - $2,977,961 McQ ueen Emergency - $2,982,000 B udget I ssues: B udget Issues: Thes e replacements have been a part of the fire department ’s budget s ince 2002. Equipment replacement funds have been trans ferred from the G eneral fund to the C apital Replacement fund in an.cipa.on of future replacement. O ur inten.on is to make a $500,000 dow n payment that will earn 4% interest un.l delivery, and the remaining due upon delivery. We als o have the opportunity to make addi.onal payments throughout the 28 months for addi.onal savings . At .me of delivery equipment cer.ficates w ill be purchased to make the final payment. M os t truck builders are betw een 20 - 40 months out from final delivery because of chassis shortages at the factories. F ire S afety U S A has a 28 month build .me therefore the trucks s hould arrive in M arch of 2026. By approving the contract before the end of J anuary 2024 w e will save a 5% price hike on 2/1/2024 and an emission change in 2026 w hich w ould mean a s avings of ~ $130,000 each truck. I nclusive C ommunity Engagement: A nracist/Equity Policy Effect: S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip.on U pload D ate Type Res olu.on 1/2/2024 Resolu.on Le?er Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION REQUESTING APPROVAL FOR THREE (3) NEW FIRE TRUCKS PURCHASE WHEREAS, Fire trucks serve as a valuable life safety tool in protecting the community of Brooklyn Center; and WHEREAS, Brooklyn Center Fire needs to replace a 2002 Pierce Fire Engine, a 2006 Pierce Fire Engine and a 2014 Pierce Fire Engine; and WHEREAS, After researching and meeting with 3 vendors since July 2023. The committee has put forth a recommendation that the City Manager sign a purchase agreement for Three new E1 fire trucks; and WHEREAS, The purchase order is received through the Sourcewell purchasing group. Many fire trucks throughout the county are purchased through this cooperative of which the City is a member; and WHEREAS, The purchase agreement for the three new fire trucks is $2,879,985, with the prepayment discounts outlined in the memo the final price would be $2,335,985; and WHEREAS, The City will pay the entire discounted amount from our Capital Replacement Fund and equipment certificates; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, authorize the purchase of three new E1 fire engines from Fire Safety USA in the amount of 2,879,985 and authorize the appropriate City officials to execute the purchase order. January 8, 2024 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: RESOLUTION NO. _______________ whereupon said resolution was declared duly passed and adopted. C ouncil R egular M eeng DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H : BY:J esse A nders on, C ommunity D evelopment D irector S U B J E C T:Res olu-ons A pproving the S pecial L egis la-on for a Local O p-on S ales Tax and A pproving the Language for the Ballot Referendum for the C ommunity C enter Renova-on and Expans ion Requested Council A con: -Moon to approve a r esoluon of the C ity of Brookly n C enter A pproving Minnesota L aw s, 2 0 2 3 , C hapter 64, A rcle 10, S econ 28 -Moon to approve a r esoluon of the C ity of Brook lyn C enter relang to the imposion of a sales and use tax and the issuance of bonds to financing the r enovaon and expansion of the Brookly n C enter C ommunity C enter and calling a special elecon thereon. B ackground: T he pro posed resolu-ons f o r considera-on are for the approval of special legisla-on allowing the C ity to impose a one-half percent sale and use tax and appro val of the la nguage for the related ballo t ref erendum for N ovember 2024. T his ac-on will allow the voters to decide on the L ocal O p-on Sales Tax that will support the C ommunity C enter renova-on and expansion. I n 2 0 2 2 and 2023, the C ity C ouncil deter mined a local s ales tax s hould prov ide one component of the funding for an expansion of the Community Center. T his included passage o f a reso lu-on suppor-ng the tax and pursuit o f special legisla -o n in J anua ry 2022 and working through the legisla-ve process. B ecause there was no tax bill passed in 2022, the C ity did not receive authoriza-on for the tax. T he C ity C o uncil vo ted to support a local sales tax for the expanded and renovated co mmunity center by resolu-on in J anuary of 2023. I n Spring of 2023, B rooklyn C enter secured $5.1M from the State of Minneso ta for this reno va-on, which requires a 1-to -1 match. T he C ity also secured the legisla-ve autho rity to pursue f unding f o r the remaining cost through a L ocal O p-on Sales Tax. T he revenue from the sales tax does qualify as a match for the $5.1 million. Local O pon S ales Tax: The local op-on sales tax would add .5% to taxable retail s ales in B rook lyn Center. The tax w ould only apply to s ales that are curr ently subject to a s ales tax. I n M innesota, many es s en-al items ar e excluded from s ales tax such as food, clothing, and medical care (among other s ). Motor v ehicle sales ar e als o expres s ly excluded from a local op-on sales tax by state legisla-on. I t is an-cipated that the annual revenue from a local op-ons s ales tax would be between $2.5 and $2.9 million. The special legisla-on authorizes expenditures up to $44 million or 20 years , whichever comes first. Bas ed on curr ent projec-ons, it is an-cipated that the revenue would net approximately $3 2 million for the community center pr oject. This as s umes the C ity issues debt supported by future s ales tax revenues, us ing a por -on of the revenues to support bonding cos ts and inter es t over the term of the bonds . This es -mate may v ar y w ith changes in interes t rates and actual sales tax collec-ons w hen the project is financed. The alter na-ve to a s ales tax w ould be debt supported 100% w ith a property tax levy on Brooklyn C enter res idents. W ith a median priced home v alued at $264,800, the cos t of a tax lev y w ould be approximately $212 per year. W ith the local op-on s ales tax as a funding source, it w ould be an-cipated that an average incomed pers on in Brooklyn C enter making between $46,1 4 2 and $71,065 would be paying approximately $46 annually. The local sales tax op-on w ill pr ovide for rev enue collec-on fr om those outs ides of Brooklyn C enter as w ell as B rook lyn Center residents . The U niv er s ity of M N E xtension office study indicates at leas t 4 1 % of the s ales tax revenue w ill come from thos e outs ides of Br ookly n Center. T he total percentage rev enue funding paid by non-r es idents would be approximately 49% (this includes both state bonding and the local opon sales tax). Project S ummary: Bas ed on the s ecured S tate funds and the projec-ons for r ev enue fr om the L ocal O p-on S ales Tax, w e an-cipate a proj ect budget of $37.5 M . This Fall, w e wor ked w ith Perkins & W ill, H unden S trategic Partners , Ehlers , and Element Commercial Real Estate to right-s ize the concept plan for this budget, priori-z ing community goals and opera-onal opportuni-es . The updated es-mated project w ould be 96,031 s quar e foot project. T he project cos t as s umes a cons truc-on cos t of $2 7 .2 million, $7.2 million in dev elopment cos ts and a $3.1 million con-ngency. A pproximately 2 million near term maintenance updates are also included in the construc-on budget. P roject Cost Es-mate A ssump-ons C os t opinion assumes midpoint of cons truc-on in Q 1 2026 C ons truc-on es-mate as s umes average annual rate of escala-on of 6% C ons truc-on Costs include contractor G eneral Condi-ons , O verhead, and P rofit. C os t opinion excludes abatement of contaminated soils and hazardous materials P roject D evelopment C os ts include the follow ing: S tate of M innesota P re-D esign D es ign & Engineering Fees F ull D esign and Engineering Fees F ixtures, F urnishings & Equipment Cost A ssump-ons S ite & Building Tes -ng /Reports (S urvey, G eotech, Environmental, traffic, tes-ng & ins pec-ons ) D evelopment Expens es (C ons ultants, u-lity fees , permits & other soI costs) O wner con-ngency of approximately 10% P rojected O pera-onal Benefits The C ity engaged w ith H unden S trategic Partners to create a preliminary opera-onal cos t model: The analys is shows that an impr oved B C C C could improv e the financial opera-ons of the community center by approximately $100,000 per year The proj ect w ill als o addres s a s ignificant por-on of the near-term capital replacement projects planned for the building N ext S teps A pprove L ocal O p-on S ales Tax Referendum language Begin P ublic Engagement to inform community about proposed project and LO S T vote I ni-ate due diligence w ork on the site (s ite survey, geotechnical) studies Commence des ign work to complete S tate P re-D esign S ervices Checklist (required firs t s tep for S tate budget approval) O btain detailed cos t es-mate for project prior to referendum vote B udget I ssues: I nclusive C ommunity Engagement: The community w ould be as ked to consider a referendum on the ques -on. This phase of the work would include significant communica-on about the sales tax levy and the projects it w ould s upport. A nracist/Equity Policy Effect: S trategic Priories and Values: Enhanced Community I mage, Resident Economic S tability AT TA C H M E N TS : D escrip-on U pload D ate Type Res olu-on A pproving Legisla-on 1/3/2024 Resolu-on LeJer Res olu-on A pproving Ballot Referendum 1/3/2024 Resolu-on LeJer C apital I mprovements C overed by P roject 12/29/2023 Backup M aterial P roject S ources and Uses 12/29/2023 Backup M aterial P res enta-on 1/9/2024 P resenta-on CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2023- RESOLUTION OF THE CITY OF BROOKLYN CENTER APPROVING MINNESOTA LAWS, 2023, CHAPTER 64, ARTICLE 10, SECTION 28 WHEREAS, Minnesota Statutes, Section 297A.99 (the “Local Tax Act”), provides the City of Brooklyn Center (the “City”) with authority to impose a local sales tax if that tax is approved by the voters at a general election and the State of Minnesota (the “State”) Legislature (the “Legislature”) approves the local sales tax through the creation of a special law; and WHEREAS, the 2023 session of the Legislature passed, and the Governor signed, Minnesota Laws, 2023, Chapter 64, Article 10, Section 28 (the “Special Law”) which authorizes the City of Brooklyn Center to, among other things, impose by ordinance a sales and use tax of one-half percent; and WHEREAS, the Special Law requires local approval in accordance with Minnesota Statutes, section 645.021, subd. 2, and the Special Law is effective upon approval by a majority vote of the governing body of the City and the filing of a certificate, including a copy of this resolution, in the form prescribed by the Minnesota Attorney General with the Minnesota Secretary of State, as set forth in Exhibit A; and WHEREAS, the City Council of the City determines that it is in the best interests of the City and its residents to approve the Special Law and desires the Special Law to become effective. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The Special Law is hereby approved. 2. The City Clerk, as the chief clerical officer of the City, is hereby authorized and directed to file the certificate attached hereto as Exhibit A and a copy of this resolution, as approved, with the Minnesota Secretary of State as required by Minnesota Statutes, section 645.021, subdivision 3. 3. City staff are authorized and directed to take any additional action necessary to implement the Special Law. January 8, 2024 RESOLUTION NO. ___________ 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. 2 EXHIBIT A Certificate of Approval (attached hereto) A-1 CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County of Hennepin TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the City of Brooklyn Center DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 2023, Chapter 64, Article 10, Section 28 requiring approval by a majority* of the governing body of said local governmental unit before it becomes effective, the City of Brooklyn Center (designate governing body) at a meeting duly held on the 8 day of January 2024, by resolution ____ did approve said Laws, 2023, Chapter 64, Article 10, Section 28 by a majority vote* of all of the members thereof (Ayes ; Noes ; Absent or not voting ) and the following additional steps, if any required by statute or charter were taken: A copy of the resolution is hereto annexed and made a part of this certificate by reference. Signed: (Print Name) (Official designation of officer) (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021.) *If extraordinary majority is required by the special law, insert fraction or percentage here. Please see reverse side for instructions for completing this form. S:\ELECT\ELECT\OPENAPPT\CERTIFICATE OF APPROVAL OF SPECIAL LAW.doc INSTRUCTIONS • Include the chapter number in the Laws of Minnesota that is to be approved on the Certificate of Approval form and in the resolution that approves the special law. • Return the completed originally signed Certificate of Approval form with a photo copy of the resolution that approved the special law to: Official Documents Secretary of State 180 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd St Paul, MN 55155-1299 • If you have any questions please contact the official documents team at official.documents@state.mn.us or call 651-556-0643. BR291-417-796725.v6 CITY OF BROOKLYN CENTER Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY OF BROOKLYN CENTER RELATING TO THE IMPOSITION OF A SALES AND USE TAX AND THE ISSUANCE OF BONDS TO FINANCE THE RENOVATION AND EXPANSION OF THE BROOKLYN CENTER COMMUNITY CENTER AND CALLING A SPECIAL ELECTION THEREON WHEREAS, Minnesota Statutes, Section 297A.99 (the “Local Tax Act”), provides the City of Brooklyn Center, Minnesota (the “City”) with authority to impose a local sales tax if that tax is approved by the voters at a general election and the State of Minnesota (the “State”) Legislature (the “Legislature”) approves the local sales tax through the creation of a special law; and WHEREAS, the Legislature passed and the Governor of the State signed, Minnesota Laws 2023, Chapter 64, Article 10, Section 28 (the “Special Law”) which authorizes the City to, among other things, impose a sales and use tax of one-half of one percent; and WHEREAS, the Special Law is effective upon approval by a majority vote of the City Council of the City (the “Council”) and the filing of a certificate with the Secretary of State, all in accordance with Minnesota Statutes, Section 645.021, subdivisions 2 and 3, and the Council approved the Special Law on this day by separate resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. Subject to the filing of a certificate with the Secretary of State accepting the Special Law, the Council proposes to submit to electors the question of whether to impose a local sales and use tax of one-half of one percent (the “Taxes”) on items that are taxable by the State in order to raise revenues to finance the renovation and expansion of the City’s Community Center, located at 6301 Shingle Creek Parkway in the City (the “Community Center”). The question of imposing the Taxes shall be submitted to the qualified electors of the City as a city ballot question as shown in Exhibit A attached hereto. 2. The Taxes are proposed to be collected for approximately 20 years or until an amount equal to approximately $44,000,000, plus the interest and issuance costs of any bonds is collected, in accordance with the Special Law. 3. The Council finds that it is in the best interest of the health, welfare, and safety of the City and its residents and that it is necessary and expedient to the sound financial management of the affairs of the City that the renovation and expansion of the Community Center be financed in whole or in part by the issuance and sale of the City’s general obligation bonds pursuant to Minnesota Statutes, Chapter 475, as amended (the “Bond Act”), in one or 2 BR291-417-796725.v6 RESOLUTION NO. _______________ in an aggregate principal amount not to exceed $44,000,000 plus an amount equal to the costs of the issuance of said bonds (the “Bonds”). 4. The question set forth in Exhibit A shall be submitted to the qualified electors of the City at a special election which is hereby called and directed to be held in conjunction with the general election on Tuesday, November 5, 2024. 5. Pursuant to Minnesota Statutes, Section 204D.24, the precincts and polling places for this special election are those precincts which have been established by the City for its municipal elections. The voting hours at those polling places shall be the same as those for municipal general elections. 6. The City Clerk is directed to cause a sample ballot in substantially the form attached as Exhibit A and a notice of election in substantially the form attached as Exhibit B to be posted, published, printed and delivered as required by law. 7. The City Clerk is authorized and directed to acquire and distribute such election materials and to take such other actions as may be necessary for the proper conduct of this special election and generally to cooperate with election authorities conducting other elections on that date. The City Clerk is authorized and directed to take such actions as may be necessary to coordinate this election with those other elections, including entering into agreements with appropriate county officials regarding preparation and distribution of ballots or ballot cards, election administration, and cost sharing. 9. Election judges shall be appointed for this special election shall be the election judges appointed for the city general election. The election judges shall act as clerks of election, count the ballots cast, and submit the results to the Council for canvass in the manner provided for other City elections. 10. The special election shall be held and the returns made and canvassed in the manner prescribed by law, and the Council shall meet on November 12, 2024 (a date between three and ten days after the election) for the purpose of canvassing the results thereof. January 8, 2024 Date Mayor ATTEST: City Clerk 3 BR291-417-796725.v6 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. A-1 BR291-417-796725.v6 EXHIBIT A CITY BALLOT QUESTION CITY OF BROOKLYN CENTER STATE OF MINNESOTA November 5, 2024 To vote for a question, fill in the oval next to the word “YES” for that question. To vote against a question, fill in the oval next to the word “NO” for that question. __________________________________________________________________________ CITY BALLOT QUESTION SALES AND USE TAX FOR COMMUNITY CENTER IMPROVEMENTS Shall the City of Brooklyn Center be authorized to impose a temporary sales and use tax to finance all or a portion of the costs to renovate and expand the Brooklyn Center Community Center in an amount equal to one-half of one percent (0.50%) for up to 20 years or until $44,000,000, plus interest and the cost of issuing any bonds, is collected? By voting “yes” to this question you are voting to increase the sales tax in Brooklyn Center to pay for improvements to the Community Center that include without limitation any or all of the following: multi-court gyms, teen area, indoor walking track, community gathering spaces, indoor children’s play area and the renovation of the existing Community Center. YES NO B-1 BR291-417-796725.v6 EXHIBIT B NOTICE OF SPECIAL ELECTION CITY OF BROOKLYN CENTER STATE OF MINNESOTA SPECIAL ELECTION November 5, 2024 NOTICE IS HEREBY GIVEN that a special election has been called and will be held in conjunction with the state general election in the City of Brooklyn Center, Minnesota (the “City”), on Tuesday, November 5, 2024, between the hours of 7:00 a.m. and 8:00 p.m. to vote on the following question: CITY BALLOT QUESTION SALES AND USE TAX FOR COMMUNITY CENTER IMPROVEMENTS Shall the City of Brooklyn Center be authorized to impose a temporary sales and use tax to finance all or a portion of the costs to renovate and expand the Brooklyn Center Community Center in an amount equal to one-half of one percent (0.50%) for up to 20 years or until $44,000,000, plus interest and the cost of issuing any bonds, is collected? By voting “yes” to this question you are voting to increase the sales tax in Brooklyn Center to pay for improvements to the Community Center that include without limitation any or all of the following: multi-court gyms, teen area, indoor walking track, community gathering spaces, indoor children’s play area and the renovation of the existing Community Center? YES NO The precincts and polling places for this special election are those precincts which have been established by the City for state general elections. These polling places are as follows: [INSERT POLLING LOCATIONS] Any eligible voter residing in the City may vote at said election at the polling place designated above. The polls for said election will be open between 7:00 a.m. and 8:00 p.m. on the date of said election. A voter must be registered to vote to be eligible to vote in this election. An unregistered individual may register to vote at the polling places on election day. Dated: ____________, 2024 BY ORDER OF THE CITY COUNCIL /s/ ___________________________ B-2 BR291-417-796725.v6 City Clerk BR291-417-796725.v6 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Brooklyn Center, Minnesota (the “City”), hereby certify that the attached and foregoing is a full, true, and correct transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, so far as such minutes relate to the calling of a n election on (i) the imposition of a sales and use tax to finance the renovation and expansion of the City’s Community Center, and (ii) the issuance of general obligation bonds therefor, and that the resolution included therein is a full, true, and correct copy of the original thereof. WITNESS MY HAND officially as such City Clerk this __ day of ____________, 2024. City Clerk City of Brooklyn Center State of Minnesota Brooklyn Center Community Center: Capital Improvements Covered by Project December 27, 2023 Items identified in the Community Center KA FCA Dashboard that will be either covered by the renovation/addition or budgeted for in the project construction budget: Estimated Replacement Year Estimated Cost Covered in renovation/addition Held in renovation budget Electric Switch Gear 2024 156,250$ 156,250$ Locker Rooms 2024 49,531$ 49,531$ HVAC 2024 318,750$ 113,750$ 51,250$ Windows and exterior cladding 2024 404,844$ 404,844$ Roofs 2025 1,033,813$ 1,033,813$ Parking Lot (MIll & Overlay)2024 331,723$ 331,723$ Concrete paving & walks 2024 54,415$ 54,415$ Elevator & Sump Pump Replacement 2032 190,000$ 190,000$ TOTAL 2,539,326$ 705,669$ 1,679,907$ COMMITTED SPENT TO DATE CONSTRUCTION Building Type SF Lot Size % Addition New construction 56,781 SF 58.60% Renovation Renovation 5,077 SF 5.24% Exisiting Existing Structure 35,031 SF 1,204,678 SF 36.16% 0.00% Total 96,889 SF 1,204,678 SF 100.00% SOURCES Goal Committed % Government 5,100,000$ 5,100,000.00$ 100.00% LOST Debt 32,400,000$ -$ 0.00% TOTAL SOURCES 37,500,000$ 5,100,000.00$ 13.60% USES COSTS PSF % HARD COSTS DEED LOST Shell Construction 25,700,000$ $265.25 68.53%5,100,000$ 20,600,000$ Sitework 1,500,000$ $15.48 4.00%-$ 1,500,000$ -$ Total Hard (Construction) Costs 27,200,000$ $280.73 72.53%5,100,000$ 22,100,000$ -$ SOFT COSTS Legal/Survey 47,000$ $0.49 0.13%-$ 47,000$ -$ Environmental Remediation 80,000$ $0.83 0.21%-$ 80,000$ -$ Government Permits/Fees 269,000$ $2.78 0.72%-$ 269,000$ -$ Architectural/Engineering 2,504,000$ $25.84 6.68%-$ 2,504,000$ -$ Third Party Consultants 256,000$ $2.64 0.68%-$ 256,000$ -$ Furnishings, Fixtures & Equipment 1,405,000$ $14.50 3.75%-$ 1,405,000$ -$ Start Up/Misc Soft Costs 750,000$ $7.74 2.00%-$ 750,000$ -$ Bond Financing Fees 400,000$ $4.13 1.07%-$ 400,000$ -$ Owner Rep Fee 4.00%1,424,000$ $14.70 3.80%-$ 1,424,000$ -$ Subtotal Soft Costs 7,135,000$ $73.64 19.03%-$ 7,135,000$ -$ PROGRAM & PROJECT MANAGEMENT Education Materials/LOST Engagement 65,000$ $0.67 0.17%65,000$ -$ Subtotal Program & Project Mgmt Costs 65,000$ $0.67 0.17%-$ 65,000$ -$ Total Project Development Costs 7,200,000$ $74.31 19.20%-$ 7,200,000$ Contingency 10.00%3,100,000$ $32.00 8.27%-$ 3,100,000$ Total Development Costs 37,500,000$ $387.04 100.00%5,100,000$ 32,400,000$ -$ TOTAL USES 37,500,000$ $387.04 100.00%5,100,000$ 32,400,000$ -$ Restricted Sources December 27, 2023 blue tables/sections are editable. purple sections are automatically calculated. Brooklyn Center Community Center 13.61%0.00%0%Development Budget/Proforma 2021-08-03 Project Sources & Uses Copyright © 2023 Element Commercial Real Estate 1/9/2024 1 Brooklyn Center  Community Center In 2021, Brooklyn Center residents voiced a desire to improve our Community Center, adding new spaces and  updating amenities so it better meets the needs of Brooklyn Center families, youth, and adults. In Spring of 2023, we secured $5.1M from the State of Minnesota for this renovation, which requires a 1‐to‐1  match. We also secured the opportunity to pursue funding for the remaining cost through a Local Option Sales Tax. Based on the secured State funds and the projections for revenue from the LOST bond, we anticipate a project  budget of $37.5M. This Fall, we worked with Perkins&Will, Hunden Strategic Partners, Ehlers, and Element  Commercial Real Estate to right‐size the concept plan for this budget, prioritizing community goals and operational  opportunities. Today  we are seeking your approval of a ballot referendum for November 2024 that will let the voters decide on  the Local Option Sales Tax  that will support the Community Center renovation. Overview 1/9/2024 2 The Process April 7, 2021  Comprehensive  Community Center  Master Plan study  begins July 12, 2021 Brooklyn Center City Council  adopted a resolution  requesting funding support  from the 2022 Minnesota  State Bonding for the  Community Health, Culture,  and Recreation center. Sept 27, 2021  City Council reviewed  the options around the  Local Sales tax and  directed staff to proceed  to gather more  information and address  questions. Oct 25, 2021  City Council reviewed the  options around the Local  Sales tax and directed staff  to move forward with the  next steps in the Local  Option Sales Tax. Jan 24, 2022 City Council approved a  resolution supporting  the Local Option Sales  tax. March 22, 2022  Staff testified at the  Legislative Hearing  regarding the need for  the Local Option Sales  Tax. 2022 No tax bill was  approved, therefore the  City did not get  authorization for the  LOST. July 12, 2022 A Local Option Sales  Tax  Analysis was  completed discussion  with City Council was  completed. Timeline/Process Aug ‐Sep, 2021  Community  Engagement for the  Master Plan is  conducted April 15, 2022  Comprehensive  Community Center  Master Plan Final  Report is published and  presented 20222021 2023 1/9/2024 3 Jan 9, 2023 City Council approved a  resolution supporting  the Local Option Sales  tax. March 2023 Staff presented to the State  Legislature a request for 2023  Minnesota State Bonding &  Local Option Sales Tax  for the  Community Health, Culture, and  Recreation center. May 2023 Legislative approval was  granted for Brooklyn  Center’s Local Option  Sales Tax  and 5.1 Million  in state bonding. Timeline/Process Sep –Dec 2023 Design Team  is  reengaged to study  impact of Local Option  Sales Tax   Jan 2024 Anticipated Council  Vote to put local option  sales tax on the ballot 2023 2024 Team City of Brooklyn Center •Cordell Wiseman –Director of Parks and Recreation •Carissa Goebel – Deputy Director of Parks and Recreation •Liz Heyman – Public Works Director •Jesse Anderson – Community Development Director Perkins&Will,Concept Design •Brent Ross Element Commercial Real Estate,Project Management •JoAnna Hicks •Kristen Murray Hunden Strategic Partners,Operational Modeling •Matthew Avila Ehlers Public Finance Advisors, LOST Modeling •Jason Aarsvold 1/9/2024 4 Engagement Strategies •Social Media •Online Platform •Pop‐ups •Flyers •Posters •Email blasts •Neighborhood visits •Surveys Engaging Brooklyn Center •630 pop‐up events •200 Phase 01 survey responses •48 Phase 02 survey responses •600+ email touch‐points •2500+ social media interactions •20+ Focus Group participants •12+ Strategic Partnership  participants and growing… Brooklyn Center  is engaged Top  Recommendations Event center (for arts,  musicians, talent, poetry)  Maker Space, Game  Room/eSports Party hall Art center Movie room/vintage or  artsy movie nights Game Room All ages game room night Music studio Entertainment Basketball courts Volleyball courts Indoor track Obstacle course Badminton Rock climbing wall Trampoline Expand workout area new  equipment More Yoga More class variety (exercise  and seniors) Physical Activity Learning Center Computer center Kids programs Tutoring Afterschool program Coding classes/gaming Film making lessons and  equipment Art classes Chess program Education Splash Pad Indoor/Outdoor waterpark Kids pool area Warmer water Better locker rooms with  padlocks Fountains Different swim programs:  aqua aerobics Culture nights New showers Hot tub Pool 1/9/2024 5 Preferred Planning Option 10 Project Overview •New Spaces •One Premier Gym •Two Multi‐Court Gyms •Teen Area •Indoor Track •Indoor Play Area •Renovated Spaces •Locker Rooms •Lobby/ Restrooms •Offices •Existing Spaces •Event spaces/ conference rooms  •Site Improvements •Expanded Parking •Doubles the size of the  building •Supports and expands  existing cultural and  fitness programming •Renovates aging locker  room facility and  improves safety •Attracts hard court sport  tournaments to generate  revenue Level 01 Level 02 Level 03 BUILDING EXISTING AREA: 35,031 SF RENOVATED AREA: 5,077 SF EXPANDED AREA: 56,781 SF TOTAL AREA: 96,899 SF 1/9/2024 6 Site Plan •Entry located toward parking area to allow for  safer drop off and access •Access drive is improved but remains in  existing  location  •Expand parked at the north lot and along the  west connector road BUILDING EXISTING AREA: 35,031 SF RENOVATED AREA: 5,077 SF EXPANDED AREA: 56,781 SF TOTAL AREA: 96,899 SF Level 01 •Meeting Rooms, Constitution Hall,  and Restroom positioned to allow for  separate control of potential rental  spaces •Indoor playground located to get  ample northern daylight •Renovated locker rooms to increase  safety and provide an updated  amenity •New passenger/service elevator •Existing pool to remain with some  repairs and updated lifeguard  equipment LEVEL 01 EXISTING AREA: 23,900 SF RENOVATED AREA: 5,077 SF EXPANDED AREA: 19,501 SF TOTAL AREA: 48,478 SF 1/9/2024 7 Level 02 •(3) courts at the second level to allow  for tournament play •Renovation allows for connection  between existing and addition at  second level •Teen room located adjacent to gyms  for after school activities •Ample storage to support gymnasium  functions and tournament rentals LEVEL 02 EXISTING AREA: 11,131 SF RENOVATED AREA: 0 SF EXPANDED AREA: 24,433 SF TOTAL AREA: 36,594 SF Level 03 LEVEL 03 EXISTING AREA: 0 SF RENOVATED AREA: 0 SF EXPANDED AREA: 8,847 SF TOTAL AREA: 8,847 SF •Large gym volumes located at the  east to preserve look and feel from  the park to the west and provide new  face along Shingle Creek Parkway •Track  around three gyms is 1/8th of a  mile and would allow for different  configurations and paths •Mezzanine provides cubbies and  stretching area for users 1/9/2024 8 Program Components 01 02 03 Program Components Supports: •Improved access from parking •Accessible entry •New welcoming front door •Community lounge/ gathering space Lobby / Entry 1/9/2024 9 01 02 03 Reception Supports: •Security & Control •Registration •Equipment Checkout Program Components 01 02 03 Premier Gym Supports: •Finals game for tournament play •Spectator Seating •Basketball (up to 2 courts) •Volleyball (up to 4 courts) •Pickleball / Badminton •Other Court Sports •Large Group Exercise Class •Rental Events •Open Gym Program Components 1/9/2024 10 01 02 03 Multi‐Court Gyms Supports: •Basketball (up to 2 courts) •Volleyball (up to 2 courts) •Pickleball / Badminton •Futsal •Other Court Sports •Large Group Exercise Class •Rental Events •Open Gym Program Components 01 02 03 Indoor Walking/ Jogging  Track Supports: •Walking and jogging indoors Program Components 1/9/2024 11 01 02 03 Indoor Play Supports: ‐Year ‐round Indoor Play ‐Birthday Parties Program Components 01 02 03 Locker Rooms Full renovation that supports: •Changing areas •Shower •Locker •Restroom Program Components 1/9/2024 12 01 02 03 Meeting Rooms Supports: •Combined room supports 120 person  lecture •Dividable into three rooms for smaller  rentals •Banquets •Board Meetings •After‐school study •Birthday parties •Staff meetings •Operational support space for  tournaments •Catering/warming kitchen attached Program Components 01 02 03 Teen Lounge Supports: •Teen programming (non‐athletic) •After‐school study •Gaming / eSports •Music / Production •Computer Training Program Components 1/9/2024 13 50‐meter Pool Multipurpose Rooms Constitution Hall Fitness Center Swim Clubs Swim Lessons, Aquarobics Fitness Programming Arts Programming Rentals Large Fitness Programming Existing Program Memberships Addressing Community Feedback Top  Recommendations Plan Addresses the  Need Basketball / Volleyball Courts Indoor Track Tutoring Improved Locker Rooms Event Center Game Room / eSports Kids Programming Indoor / Outdoor Waterpark Learning Center Computer Center Maker Space Warmer  Water Splash Pad Supports programming in some  ways Supports programming Strongly supports programming 1/9/2024 14 Cost Impacts •Project Development Costs include the following: •State of Minnesota Pre‐Design Design &  Engineering Fees •Full Design and Engineering Fees •Fixtures, Furnishings & Equipment Cost  Assumptions •Site & Building Testing/Reports Survey, Geotech, Environmental, traffic,  testing & inspections •Development Expenses Consultants, utility fees, permits & other  soft costs •Owner contingency of approximately 10% Total  Project 61,850 improved sq‐ft $37.5 million Expansion & Renovation of Existing Building Preliminary Estimated  Project Costs •Construction Costs $27.2M  •Project Development Costs $7.2M  •Owner Contingency $3.1M Note: over $2M of near‐term maintenance updates are included in  the construction budget 1/9/2024 15 Projected Operational Benefits •The analysis shows that an improved Community Center could improve the  financial operations of the community center by approximately $100,000 per  year •The project will also address a significant portion of the near‐term capital  replacement projects planned for the building Why a local option sales tax? 1/9/2024 16 Project Funding •Community engagement efforts showed residents  were interested in a renovated and expanded  community center.  •Strategy to pay for project costs included: ‒Bonding bill allocation ‒Local option sales tax •Planned strategy was going to have the lowest  impact on Brooklyn Center taxpayers Local Option  Sales Tax •In June, 2022 study completed by the U of M Extension  Office determined approximately 41%of sales tax  collection would come from non‐residents. •Brooklyn Center Residents would account for 59% of sales  tax collections. •When factoring in the 5.1 Million in Bonding.   Brooklyn  Center residents would be responsible for approximately  51% of the costs. •The same study estimates annual sales collections could  be between $2.5 and $2.9 million •This revenue stream over 20 years will support a bond  issue that will net approximately $32 million for the  community center project. ‒This may vary depending on actual sales tax collections  and interest rates at the time of the bond issue 1/9/2024 17 Estimated Resident Impact ‐Local Sales Tax   Brooklyn Center Annual Sales Tax Impact 2023 Income Decile1 Households1 Individual sales  tax1 MN Household  Avg. Sales Tax1 Taxable Purchases  per household2 0.50% $46,141 & Under 1,146,606 $716,475,000 $625 $6,228 $31 $46,142 ‐ $71,065 496,818 $462,995,000 $932 $9,288 $46 $71,066 ‐ $96,948 345,259 $428,869,000 $1,242 $12,380 $62 $96,949 ‐ $123,344 261,738 $408,330,000 $1,560 $15,549 $78 $123,345 ‐ 154,705 208,560 $381,351,000 $1,828 $18,224 $91 $154,706 ‐ $198,962 164,830 $355,235,000 $2,155 $21,480 $107 $198,963 ‐ $276,331 123,739 $322,354,000 $2,605 $25,965 $130 $276,332 ‐ $417,188 82,452 $283,224,000 $3,435 $34,236 $171 $471,189 ‐ $1,188,381 41,719 $230,612,000 $5,528 $55,094 $275 $1,188,382 and over 9,173 $170,626,000 $18,601 $185,391 $927 2,880,894 3,760,071,000 State of Minnesota Median Household Income for Brooklyn Center: $64,618 ‐ US Census 2021 Estimate Source:  Minnesota Department of Revenue 2021 Tax incidence Study ‐ 2017 Income Deciles ‐ Effective Tax Rates table 4‐3 1Source:  Minnesota Department of Revenue 2021 Tax incidence Study ‐ 2017 Income Deciles ‐ Effective Tax Rates table 4‐3 2Assumes Owatonna Study Methodology ‐ 75% of taxable purchases by Brooklyn Center residents are within the City Property Tax  Impact –if no Sales Tax Estimated Market Value Taxable Proposed Market Value Exclusion Market Value Tax Increase* 150,000 23,740 126,260 106.72 200,000 19,240 180,760 152.79 Residential 225,000 16,990 208,010 175.83 Homestead 264,800 13,408 251,392 212.50 300,000 10,240 289,760 244.93 350,000 5,740 344,260 291.00 400,000 1,240 398,760 337.06 450,000 - 450,000 380.37 500,000 - 500,000 422.64 100,000$ -$ 100,000$ 85.45$ 200,000 - 200,000 185.13 Commercial/Industrial 300,000 - 300,000 299.06 400,000 - 400,000 412.99 500,000 - 500,000 526.92 1,000,000 - 1,000,000 1,096.56 Apartments 1,000,000$ -$ 1,000,000$ 1,056.60$ (4 or more units) 5,000,000 - 5,000,000 5,282.98 10,000,000 - 10,000,000 10,565.96 TAX IMPACT ANALYSIS Type of Property •Assumes $32.385 million bond  issue •Supported 100% with a tax levy •20 year term •4.73% interest 1/9/2024 18 Local Sales Tax  Examples Looking at some common items at TJ Maxx, the impact would be: ITEM AMOUNT OF ADDITIONAL TAX  (0.5%) Dinnerware Set (priced at $49.99) $0.24 Comforter/blanket (priced at $89.99) $0.45 Set of four dining chairs (priced at $398.00) $1.99 Many items are NOT taxed, including clothing, groceries and health care items. A full list of non‐taxable items is  available here:  https://www.revenue.state.mn.us/guide/nontaxable‐sales Recommended Next Steps 1/9/2024 19 Timeline/Next Steps Jan 2024 Council Vote to put  local option sales tax on  the ballot 2024 2025 2026 Final Recommendations 1. Approve LOST Referendum language 2. Begin Public Engagement to inform community about proposed  project and LOST vote 3. Initiate due diligence work on the site (site survey, geotechnical)  studies 4. Commence design work to complete State Pre‐Design Services  Checklist (required first step for State budget approval) 5. Obtain detailed cost estimate for project prior to referendum vote 1/9/2024 20 Council Actions: •Motion to approve a resolution of the City of Brooklyn Center Approving Minnesota Laws, 2023, Chapter 64, Article 10, Section 28 •Motion to approve a resolution of the City of Brooklyn Center relating to the imposition of a sales and use tax and the issuance of bonds to financing the renovation and expansion of the Brooklyn Center Community Center and calling a special election thereon. Conclusion This council action is to approve the special legislation and set the referendum language. This is an action to have voters decide on a revenue source for the renovation and expansion of the  Community Center. This is following support from state legislator for the 5.1 million bonding bill and  special legislation. Council/E D A Work S ession City Hall Council Chambers J anuary 8, 2024 AGE NDA AC T I V E D I S C US S IO N I T E M S 1.Concept Review and Discussion on P roposed Reuse of 5501 Xerxes Avenue North (F ormer Big O Tires) - Consider a concept proposal for 5501 Xerxes Avenue North, which contemplates the reuse of a former Big O Tires location to a State of Minnesota Department of Publ ic Safety Driver and Vehicle Services (DVS) vehicle inspection location. P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS 1.Upcoming I tems Memorial Policy Special Assessment Policy/Franchise F ees (referred to Financial Commi ssion) Beautification and P ublic Art Commission Organizational Chart-B udget work sessions New and Repeat Type I V Rental L icense Review (referred to Housing Commission) F ood Truck Ordinance/L icense Emerald Ash B orer Policy Review (referred to Park & Rec Commission November) Opioid Settlement A R PA Funds Grants: Revenues & E xpenses Purchasing Policy I nterveners I mpact Revisit Resolution 2021-73 Planning A pplication Process L iquor S tore 2 C ouncil/E DA Work Session DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :J esse A nders on, C ommunity D evelopment D irector BY:G inny M cI ntosh, P lanning M anager S U B J E C T:C oncept Review and D is cus s ion on P ropos ed Reus e of 5501 Xerxes Avenue North (Former Big O Tires) Requested Council A con: - C onsider a concept proposal for 5 5 0 1 Xer xes Avenue Nor th, which contemplates the r euse of a former Big O Tires loca"on to a S tate of Minnesota D epartment of P ublic S afety D river and Vehicle S ervices (D V S ) vehicle inspec"on loca"on. B ackground: The concept review process is an oppor tunity for the C ity C ouncil to review a development concept pr ior to a formal proposal from an A pplicant and pr ovide comments , as k ques 9ons, and indicate whether or not the City would gener ally be open to the pr oject. C oncept review s als o pr ovide ins ight to C ity s taff and the A pplicant as to the C ity C ouncil’s level of interes t, and any s pecific concerns related to a project. A concept r ev iew is cons idered adv is ory and is non-binding to the C ity and the A pplicant. No formal ac9on can be taken at a wor k ses s ion, and the C ouncil is not being asked to vote on the proposal. I f the A pplicant choos es to s ubmit a for mal applica9 on to the C ity to proceed, it w ould be s ubject to the full City review proces s , as w ith any other applica9on. The S tate of M innesota D epartment of P ublic S afety approached City s taff in late O ctober regarding the poten9al reus e of the former Big O T ires , which clos ed last y ear, to a state v ehicle ins pec9 on loca9 on. A s proposed, the S tate w ould enter into a 10-y ear leas e with P r oper ty O w ner Totem Foods , I nc. The S tate has operated this program s ince 1989 and has various loca9 ons ar ound the s tate and ar e s eeking to expand their pres ence acros s the Tw in C i9 es metro and throughout greater Minnes ota. D V S employ ees car ry out vehicle re-cer9 fica9 on ins pec9 ons on prior s alv age (totaled) v ehicles that have been fully r epaired, ensuring vehicles are roadworthy and that all parts w ere obtained legally. D V S indicated that n o repairs would take place on s ite of the S ubject P roperty and the exis9ng hois ts would be removed. D V S further indicated that approximately 80% of the vehicles inspected at their sites come from auto dealer s and all ins pec9ons are s cheduled in advance online. I n discussing the propos ed use w ith C ity s taff, C ity staff determined that the clos es t “us e” under the City ’s Unified D evelopment O rdinance (U D O ) was likely that of an, “automobile and truck repair and service s ta9on,” which are permiEed as a condi"onal use in the Commercial Mixed-Use (M X-C ) D is trict where the S ubject P roperty is located. A lthough the building occupying the S ubj ect P roperty today w as originally cons tructed in 1 9 6 6 as a G oodyear 9 re and auto s hop and w ould have required is s uance of a s pecial us e permit, C ity staff indicated that they did not see a path forward for r eus e of their us e per mit as the propos ed us e and overall func9onality of the ins pec9on loca9on differs from that of an auto s hop. The C ity ’s U nified D ev elopment O r dinance notes that, “if a us e is not listed, it shall be considered a P rohibited Use, unless the City C ouncil determines that the use is s ubs tan9 ally similar in nature and poten9al impacts on the surrounding community as an exis 9 ng us e in the use table” ar e addressed. C ity staff is re que s ng C it y C ouncil review the a!ache d narrave and materials provided by the A pplicant (S tate of M innesota) and the ir t e am for fe e dback in advance of any applicaon submi!al and for a determinaon of use. A s C ity s taff engaged via email and in pers on w ith the A pplicant and the P roperty O wner ’s representa9ves , ini9al dis cus s ions w ere held regarding the following: 1 . O verall circula9 on and poten9 al impacts to traffic flow along Xerxes Avenue North and 55th Avenue N orth, w hich are Metro Trans it B R T (Bus Rapid Trans it) lines, and poten9 al impacts to the private road running along the w est side of the S ubject P roperty. S taff C omment: The A pplicant has indicated all cus tomers w ith appointments would enter from Xerxes Avenue North for queuing purpos es. O nce a vehicle inspec9on is complete, the vehicle would be driven through the drive-through bay and out to the private r oad located to the w est of the S ubject P roperty. A n exhibit no9ng the propos ed circula9on is provided in the aEachments . 2. C oncerns regarding the occas ional ins pec9 on of bus es , semis, or recrea9onal v ehicles on the S ubject P roperty, which w ould need to take place in the par king lot as the clear heights of thes e vehicles exceed the height of the bay doors . S taff C omment: Follow ing discussions with C ity staff, the A pplicant has s ince stated no inspec9ons of the aforemen9oned vehicle types w ould occur at the propos ed loca9on. 3. Poten9al storage of customer vehicles on the S ubject P roperty. S taff C omment: The A pplicant has s tated the only vehicles to be s tor ed on-site w ould be state v ehicles , which would be stored inside the v ehicle bays during non-busines s hours . A s outlined in the narr a9 ve, the intended hour s of opera9 on would likely be 8 a.m. to 5 p.m., M onday through F riday. 4. O verall intens ity of the use given other loca9 ons across the s tate appear to be more “indus tr ial” in nature. S taff C omment: City staff ini9ally expr es s ed concerns regarding the overall appearance of other D V S inspec9on sta9on loca9ons and how thes e loca9ons appear ed to be more industrial in nature, and inquired on how the proposed us e would complement s urrounding busines s es. The A pplicant responded in the aEached narra9v e that the, “intent is to be in a loca9on that has more of a retail look and acces s ibility rather than indus trial. This is for beEer customer serv ice in percep9 on and acces s ibility. T his loca9 on accomplis hes thos e objec9ves .” This is further addres s ed in the below comment. 5. O verall condi9on of the S ubject P roperty and plans to inv est in the pr oper ty for complementarines s w ith z oning district/uses and loca9on and addressing of deficiencies. S taff C omment: City s taff ini9ally expres s ed concerns regarding the deteriora9on of the building and property. D uring a mee9ng w ith the A pplicant and P roperty O wner representa9ves , C ity s taff addres s ed the condi9on of the exterior and brickwork, trash enclos ure, and s ite ligh9ng, w hich City s taff noted as having been stripped of wir ing and seemingly non-func9 onal. F urther concerns were outlined r egar ding the s ite which is almost en9rely impervious (pavement), and the poten9al for landscaping, w here possible. The A pplicant engaged with an architect following the mee9 ng and has since provided renderings to addres s the deter iora9on of the building as w ell as moder niz a9 on, given it w as constructed in 1 9 6 6 . The A pplicant also notes plans to repair the parking lot ligh9ng. A s with all propos als, the A pplicant and P r oper ty O wner w ould need to coordinate with City s taff to ens ure all upgrades meet City Code requirements . A narr a9 ve outlining the propos ed oper a9 on of the inspec9on sta9on at this loca9 on and responses to the condi9onal use permit criteria and concer ns r ais ed by City staff, as w ell as a pres enta9on of the concept proposal are included w ith this memo. Policy I ssues: The C ity C ouncil is being as ked to cons ider a concept propos al for 5 5 0 1 Xerxes Av enue Nor th, w hich requires interpreta9 on of the proposed s tate vehicle ins pec9 on s ta9 on as that of an “automobile and truck repair and s erv ice sta9on.” T his w ould require s ubmiEal of an applica9 on for review and cons idera9on for is s uance of a condi9onal use permit. I ssues for the City Council to consider: A re there as pects of the proposed s ite layout, circula9on/traffic flow, ar chitectur e, or for m of the pres ented s ite plan for 5 5 0 1 Xerxes Avenue North (S ubject P roperty ) that are concerning to the Council? I s the development proposal in keeping w ith the C ity's 2040 future land us e plan and long-range vision for the area? The C ommer cial M ixed-Us e (C -M U ) future land us e des igna9on under the C ity ’s 2040 Comprehensive P lan is a new des igna9 on and comprises approximately 1.64% (88.06 acres) of the C ity ’s total land area. This ar ea guides for a mix of commercial, office, r etail, s ervice, and res iden9al us es. This des igna9on is guided for areas adjacent to the TO D (Trans it O riented D evelopment) and is planned to have a mor e significant propor9on of the land us e des ignated for commercial, office, retail, and service uses w ith s uppor9ng residen9al us e. The C ommercial Mixed-Use (C-M U) and B us ines s Mixed-Use (B-M U) land use des igna9ons focus more heav ily on commercial ,r etail, office, and light indus trial us es w hile con9nuing to emphasize the concept of crea9ng experiences for us ers . The purpos e is to promote and encourage busines s es, commer cial us ers , r etailer s , and in s ome cases hous eholds to plan for interconnected s ystems that res ult in a more ac9ve and vibrant center. The 2 0 4 0 C ompr ehens ive P lan fur ther notes the S ubject P r oper ty and s ur rounding proper9es as an area of poten9al change. B udget I ssues: None to cons ider at this 9me. A nracist/Equity Policy Effect: S trategic Priories and Values: Targeted Redevelopment AT TA C H M E N TS : D escrip9on U pload D ate Type Narra9ve - P roposed Reuse of 5501 Xerxes Avenue North 1/1/2024 Backup M aterial S tate of M N P res enta9on - Narra9ve and P ropos al for 5501 Xerxes Avenue North 1/1/2024 Backup M aterial P res enta9on 1/9/2024 P resenta9on City of Brooklyn Center Narrative for the State of Minnesota Department of Public Safety, Vehicle Inspections 5501 Xerxes Avenue North, Brooklyn Center The State of Minnesota Department of Public Safety, Driver and Vehicle Services (DVS) - Vehicle Inspections will use the site to provide legal inspections to auto dealers and individuals who have reconstructed and repaired vehicles. This involves the inspection of vehicles and the visual inspection of parts that were used in the repaired vehicles. The inspections will be carried out by DVS employees, and visual inspections will be done in bays that are normally used for the repair of vehicles. This location is an ideal site for DVS because of its previous use as an auto shop and the existing bays onsite can be used by DVS to pull cars into bays for inspection. Additionally, the existing bays are drive-through, which allows for safer one-way traffic with the clients and the surrounding area. By inspecting fully repaired vehicles, DVS can validate that parts were obtained legally and update the branding within our systems. Inspections are carried out by DVS employees, and approximately 80% of those visiting a vehicle inspection station are auto dealers with whom DVS has a working relationship. All visits are scheduled with the intent of not having queuing lines at the site. The intent is to be in a location that has more of a retail look and accessibility rather than industrial. This is for better customer service in perception and accessibility. This location accomplishes those objectives. Regarding Section 35-7703 conditional use permit criteria, here is how the criteria will be met. a. The use will be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO (Unified Development Ordinance). The use will be in the MX-C: Commercial Mixed-Use zoning district. It will be in accordance with the general objectives of the City’s Comprehensive Plan in that it will help provide a stable business for an unoccupied site. This will keep the site in good condition and help keep it and the surrounding area attractive, clean and safe. b. The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The use promotes and enhances the general public welfare in that the inspections done are for the purpose of ensuring parts installed on vehicles were legally purchased. This acts as a deterrence against theft of autos and parts. It will also bring stable occupancy to the site. This will help keep the property in good condition and prevent it from becoming an eyesore. This will also help keep the area more secure and be less inviting to crime. c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The use will not be injurious to the use and enjoyment of other properties, nor will it diminish their value. Having an occupied site helps maintain values and create synergy for adjacent businesses. The automotive inspection use of the site will be less impactful than traditional automotive uses that have operated there. Repairs will not be done at the site, so there will not be noise related with repairs. There will be no vehicle parts/tires stored at the site. Other than a couple State vehicles that would be parked inside overnight, no vehicles would be stored at the site. d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The State’s intended use will not impede development. There is nothing with the use that restricts surrounding uses and/or development. It is less impactful than an automotive repair shop or tire shop. e. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Adequate measures are/will be in place to minimize traffic congestion. For the most part, traffic will flow in the front of the property and out the back. This primarily one-way flow helps minimize opposing traffic coming in and out of the site, and it also decreases the amount of traffic going directly to Xerxes. There is plenty of parking and space at the site for the use. This site will not be conducting inspections of large vehicles such as semis and RVs. f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Given that there will be no automotive repairs that will occur at the site, there will be no noise that a traditional automotive repair shop might have. It is intended to be roughly an 8 am – 5 pm business operation, Monday – Friday, and existing exterior lighting will be repaired by the owner of the property. All of these mitigate negative impacts on nearby uses. g. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. There are no known regulations with which the use would not be complying. Narrative: 5501 Xerxes Ave. N. Proposed Vehicle Inspection Service Location Purpose The purpose of the Vehicle Inspection Service is to provide convenient,clean, safe, easy-to-use, easy- to-find, vehicle re-certification inspections for the general public and professionals for their repaired vehicles to get back on the road, for private use or for sale after having been previously declared as “total losses” by an insurance company. Aerial of Existing Abandoned Site Current Condition Zoning Renderings Renderings Renderings Renderings General Information Hours of Operation: Monday –Friday 8am –5pm Full-Time Employees: 6 Part-Time Employees: 0 Lease Commitment:10 Years Inspection Bays:5 Advance Appointments Required: Yes Fee: $35.00 FAQ’s Q. How long does each appointment take? A. Approximately 20 minutes Q. How many appointments per hour?A. Up to 15 maximum Q. Why are cars being inspected?A. They have been declared “Totaled” by an insurance company andthen repaired. A successful inspection prepares the car for sale or use. Q. What condition are the cars being inspected?A. Generally Spotless. Clean. Like-new. Q. What is typical “totaled” damage that can be repaired?A. Common repaired damage is hail damage, hoods, bumpers, Air BagDeployment, etc... FAQ’s Q. Who is driving the vehicle in?A. Employees from car dealerships (appx 80%) and private owners from the general public (appx. 20%). Q. Are “drive-up” appointments allowed?A. No. Q. When did the State of Minnesota start this service?A. 1989. Q. Why do you want to be at this location?A. We want an easy-to-find, convenient, safe, clean location in and amongst the community for our customers. Not hidden. We want a location in the western metro and this facility has everything we need Q. Will stolen vehicles be coming through here?A. No. The vehicles have a prior documented history. Benefits for City and Community Affordable cars for underrepresented people. Helps vehicle supply chain. No parked or stored vehicles. Helps small auto dealers compete. No car stacking. Controlled customer flow. Positive experience with Department of Public Safety. Brings activity and new visitors to the area. Not another tire shop. Traffic Flow Survey The Development Team Architect: 10K Architecture Civil Engineer: Kimley -Horn General Contractor: Rochon Project Management: Launch Properties Property Management: Summerhill Commercial Real Estate Brokers: Avison & Young Financing: Sunrise Bank Tenant: State of Minnesota Department of Public Safety Owner: Totem Foods Inc. Narrative Conclusion The Development Team is excited to bring forth this new concept and we look forward to your support with these main benefits in mind: •Provides affordable, reliable vehicles to the public otherwise deemed unusable. •Brings clean, safe activity to the area. •Provides a stable, long-term tenant to the area. 1/9/2024 1 Council Work  Session| January 8, 2023 Ginny McIntosh, Planning Manager Concept Review |  5501 Xerxes Avenue North Source: Crexi 2 Concept Review (5501 Xerxes Avenue North) The concept review process is an opportunity for the City Council to review a development concept prior to a formal proposal from an applicant, and provide comments, ask questions, and indicate whether or not the City would generally be open to the project. These also provide insight to City staff and the applicant as to the City Council’s level of interest, and any specific concerns related to project. •Concept reviews are considered advisory and non‐binding to the City and Applicant. No formal action can be taken at a work session and the Council is not being asked to vote on the proposal. •If Applicant proceeds, they are subject to full City review process. 1/9/2024 2 3 Concept Review (cont.) The State of Minnesota (“the Applicant”) has been in communication with City staff since late October regarding the potential reuse of the former Big O Tires (5501 Xerxes Avenue North), which closed last year, as a State of Minnesota vehicle inspection station. •The State has operated their inspection locations since 1989 and have various locations around the state and are seeking to expand presence across Twin Cities metro and greater Minnesota. •DVS employees carry out vehicle re‐certification inspections on prior salvage (totaled) vehicles that have been fully repaired, and ensure vehicles are roadworthy and that all parts were obtained legally. All vehicles have a prior documented history. •Approximately 80% of those obtaining inspections are auto dealers and inspections are scheduled online (no walk‐in inspections). •No automotive repairs would take place on‐site. •State vehicles would be stored inside the bays during non‐business hours. 4 Concept Review (cont.) The State of Minnesota prepared a narrative and presentation outlining their operations and how the Subject Property meets their goals and benefits to the City of Brooklyn Center and community, including: •No parked or stored vehicles •No car stacking and controlled customer flow •Bring activity and new visitors to the area •Not another tire shop •Long‐term tenant at location (10 year lease commitment) In addition: provision of affordable/reliable cars to public, help with vehicle supply chain and allow small auto dealers to compete, and the creation of a positive experience with the Department of Public Safety (DPS). 1/9/2024 3 5 Concept Review (cont.) •Subject Property was originally approved by City Council in 1966 as a Goodyear automotive and tire shop, along with the neighboring Pearle Vision building located at 5515 Xerxes Avenue North (originally a Superette grocery store). •Subject Property is zoned MX‐C (Commercial Mixed‐Use). 6 Concept Review (cont.) •Use is technically “unlisted,” and the City’s UDO notes that,“if a use is not listed, it shall be considered a prohibited use,unless City Council determines the use is substantially similar in nature and potential impacts on the surrounding community as an existing use in the use table” are addressed. •City staff determined the closest use is that of an “automobile and truck repair and service station” despite no plans to conduct automotive repair. •City Attorney is in general agreement that this is the closest use. •“Automobile and truck repair and service stations” are permitted through approval of a conditional use permit (CUP)in the MX‐C District where the Subject Property is located. •Assuming City Council is in general agreement, the Applicant would need to submit an application for review by the Planning Commission and City Council. •Following cursory review, City staff indicated that the proposed use would potentially result in an approximately 40% reduction in hourly traffic from previous use to the Subject Property. •Applicant will need to meet any and all requirements with regards to erosion control (assuming ground disturbance), CUP application criteria, and the addressing of any property deficiencies. 1/9/2024 4 7 Concept Review (cont.) Staff Considerations City staff engaged via email and in person with the Applicant (State of Minnesota) and the Property Owner’s representatives and addressed the following: 1. Overall circulation and potential impacts to traffic flow along Xerxes and 55 th Avenue North, which are Metro Transit BRT lines, and potential impacts to private road running along west side of property Staff Comment:Applicant indicated all customers with appointment would enter off Xerxes for queuing. Vehicles would enter bay and be driven through drive‐throughbayandouttoBrooklynBoulevardLane. 2. Concerns regarding occasional inspection of buses, semis, or recreational vehicles (RVs), which would need to take place in the parking lot Staff Comment:Following discussion with City staff, the Applicant has since stated no inspections of the above vehicle types would occur at this location. 8 Concept Review (cont.) Staff Considerations 3. Potential storage of customer vehicles on the Subject Property Staff Comment:The Applicant stated only vehicles to be stored on‐site would be state vehicles, which would be stored inside vehicle bays during non‐business hours. Typical business hours would be 8 a.m. to 5 p.m., Monday through Friday. 4. Overall intensity of use given other locations across the state that appear to be more “industrial” in nature Staff Comment:City staff initially expressed concerns regarding overall appearance of other DVS inspection station locations and inquired on how the proposed use would complement surrounding businesses. Applicant noted, “intent is to be in a location that has more of a retail look and accessibility rather than industrial. This is for better customer service in perception and accessibility. This location accomplishes those objectives.” 5. Overall condition of the Subject Property and plans to invest in the property for complementariness with zoning district/uses and location and addressing of property deficiencies Staff Comment:City staff initially expressed concern regarding deterioration of building and property, and addressed condition of building exterior (brickwork), trash enclosure, and site lighting. Further concerns were outlined regarding site which is almost entirely impervious and potential for landscaping. Applicant engaged with architect following meeting and has since provided renderings to address these concerns/meet code compliance. 1/9/2024 5 9 Concept Review (cont.) •Existing Building 10 Concept Review (cont.) •Proposed modification to building exterior •Addressing of site lighting 1/9/2024 6 11 Concept Review (cont.) Proposed circulation on site •Enter off Xerxes •Leave via Private Road (Brooklyn Boulevard Lane) 12 Policy Considerations 1) Are there aspects of the proposed site layout, circulation/traffic flow, architecture, or form of the presented site plan for 5501 Xerxes Avenue North (Subject Property) that are concerning to City Council? 2) Is the development proposal in keeping with the City’s 2040 future land use plan and long‐range vision for the area? •The Commercial Mixed‐Use (C‐MU) future land use designation is a new designation that comprises approximately 1.64% of the City’s total land area. Guides for areas adjacent to TOD and is planned for more significant proportion of land use for commercial, office, retail, and service uses with supporting residential for activation of area and vibrant commercial center. •The Subject Property and surrounding area is noted as an area of potential change. 1/9/2024 7 13 Requested Council Action Consider a concept proposal for 5501 Xerxes Avenue North, which contemplates the reuse of a former Big O Tires location to a State of Minnesota Department of Public Safety Driver and Vehicle Services (DVS) vehicle inspection location. C ouncil/E DA Work Session DAT E:1/8/2024 TO :C ity C ouncil F R O M:D r. Reggie Edwards, City Manager T H R O U G H :N/A BY:D r. Reggie Edwards, City Manager S U B J E C T:U pcoming I tems Requested Council A con: Memorial Policy S pecial A s s essment Policy/F ranchise Fees (referred to Financial Commission) Beau0fica0on and P ublic A rt C ommis s ion O rganiza0onal Chart-Budget work ses s ions New and Repeat Type I V Rental Licens e Review (referred to H ousing C ommission) Food Truck O rdinance/Licens e Emerald A s h Borer Policy Review (referred to Park & Rec C ommission November) O pioid S e:lement A R PA F unds G rants: Revenues & Expens es P urchasing Policy I nterveners I mpact Revis it Resolu0on 2021-73 P lanning A pplica0on P roces s Liquor S tore 2 B ackground: B udget I ssues: A nracist/Equity Policy Effect: S trategic Priories and Values: