HomeMy WebLinkAbout2024.11.25 CCP REGULARC IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
November 25, 2024
AGE NDA
1.Call to Order - 7:00 p.m.
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.
2.Roll Call
3.P ledge of Allegiance
4.Informal Open Forum
This is an opportunity for the public to address the City Council on items that are not on the agenda. It
is limited to 15 minutes. It may 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.
a.Meeting Decorum
5.Invocation - Lawrence-Anderson
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 meeting minutes
10/25/24 Study Session
10/28/24 Regular Session
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.Resolution A ccepting Grant F unding from the Minnesota Department of
Public Safety Office of J ustice Programs for I ntensive Comprehensive
Peace Officer E ducation and Training P ositions
- Motion to approve a resolution accepting grant funding from Minnesota
Department of Public Safety Office of Justice Programs for Intensive
Comprehensive Peace Officer Education and Training positions and
authorizing execution of grant agreement.
d.Resolution A ccepting L ivable Communities Demonstration A ccount (L C D A)
F unding Grant for New Generations L L C - Veterans Housing
- Motion to approve a resolution accepting Livable Communities
Demonstration Account (LCDA) funding grant from Metropolitan Council.
e.Resolution Declaring Costs to be A ssessed and Calling for a P ublic Hearing
on Proposed Special Assessments for I mprovement Project No. 2025-02,
67th Avenue and J ames Avenue Mill & Overlay
- Moti on to approve a resolution declaring costs to be assessed and calling
for a public hearing on proposed speci al assessments for Improvement
Project No. 2025-02, 67th Avenue and James Avenue Mill & Overlay.
f.Resolution Establishing I nterest Rate for 2025 S pecial A ssessments
- Motion to approve a resolution establ ishing interest rate for 2025 special
assessments.
g.Resolution Establishing 2025 S treet and Storm Drainage S pecial
Assessment Rates
- Motion to approve a resolution establ ishing the 2025 street and storm
drainage special assessment rates for street and utility improvement
projects.
h.Resolution A ccepting Bids and Awarding a Contract, I mprovement P roject
No. 2024-06 2024 P ond 48-001 Maintenance Project
- Moti on to approve the resolution accepting the lowest responsible bid and
award a contract to New Look Contracti ng, Inc. for Improvement Project No.
2024-06 2024 Pond 48-001 Maintenance Project.
i.Resolution A mending S pecial A ssessment L evy Roll No. 25001 to Provide
for the Deferral of S pecial A ssessments
- Motion to approve the resolution amending Special Assessment Levy Roll
No. 25001 to provide for the deferral of special assessments.
j.Resolution A ccepting L ivable Communities Demonstration A ccount Transit
Oriented Development (L C D A-TO D) F unding Grant for Opportunity S ite
Phase 1 Public I nfrastructure
- Motion to approve a resolution accepting Livable Communities
Demonstration Account Transit Oriented Development funding grant from
Metropolitan Council.
k.Resolution A pproving J oint P owers Agreements for the Continued Operation
of the S hingle Creek and West Mississippi Watershed Management
Commissions
- Motion to approve a resolution approvi ng Joint Powers Agreements for the
continued operation of the Shingle Creek and West Mississippi Watershed
Management Commissions.
l.Resolution A ccepting F unding Award of the Hennepin County Transit-Oriented
Communities Grant Application - Opportunity S ite
- Motion to approve a resolution approving Joint Powers Agreements for the
continued operation of the Shingle Creek and West Mississippi Watershed
Management Commissions.
m.Resolution A ccepting L ivable Communities Demonstration A ccount (L C D A)
F unding Grant for C A P I
- Motion to approve a resolution accepting Livable Communities
Demonstration Account (LCDA) funding grant from Metropolitan Council.
n.Resolution Declaring November 30, 2024, as S mall Business Saturday
- Motion to approve a resolution declare November 30, 2024, as Small
Business Saturday in the City of Brooklyn Center.
o.Resolution A uthorizing A mendment of the 2024 Centerbrook Golf Course
Budget
-Motion to approve a resolution authorizing an amendment to the 2024
Centerbrook Golf Course annual operating budget
7.P resentations/Proclamations/Recognitions/Donations
a.Police Department Update
- Motion to accept presentation.
b.2024 P ark Capital I nvestment Plan – Update
- Staff will present an update on the Park Capital Investment Plan and
introduce the next phase of community engagement for the plan
8.P ublic Hearings
9.P lanning Commission Items
10.Council Consideration Items
11.Council Report
12.Adjournment
COUNCIL MEETING DECORUM
To ensure meetings are conducted in a professional and courteous manner which enables the orderly
conduct of business, all persons in attendance or who participate in such meetings shall conduct
themselves in a manner that does not interfere with the ability of others to observe and, when allowed,
to participate without disruption or fear of intimidation.
A. Decorum. Persons who attend meetings must avoid conduct that disrupts, interferes with, or
disturbs the orderly conduct of the meeting or the ability of other attendees to observe and
participate as appropriate. To that end, persons who attend meetings are subject to the following:
(1) Members of the public may only speak during meetings when allowed under Council Rules
and only after being recognized by the presiding officer. The presiding officer may establish
time limits for the acceptance of public comments or testimony.
(2) Public comments or testimony must be addressed to the presiding officer and not to other
Council Members, staff, or others in attendance.
(3) All elected officials shall be referred to by their proper title and surname.
(4) Public comments should avoid personal accusations, profanity, or other improper content for
a public meeting.
(5) Intimidating behaviors, threats of hostility, or actual violence are disallowed.
(6) Audible demonstrations intended to disrupt the meeting should be avoided, including
stomping of feet, snapping of fingers, clapping of hands, and other conduct that may be
intimidating or threatening to others.
(7) Holding, displaying, or placing banners, signs, objects, or other materials in any way that
endangers others, prevents the free flow of individuals within the chamber, or obstructs or
prevents the viewing of the meeting by others is not allowed.
B. The presiding officer shall request any person(s) who disrupt, interfere with or disturb the
orderly conduct of a meeting to cease the conduct and, as necessary, shall issue an oral
warning to the individual(s) found to be in violation. If the individual(s) persists in disrupting,
interfering with, or disturbing the meeting, the presiding officer may have the individual(s)
removed or, under appropriate circumstances, temporarily clear the gallery. If for any reason
the presiding officer fails to take such action, a majority vote may be substituted for action
by the presiding officer to maintain order and decorum over the proceedings.
C. The Council Chambers capacity is 76 persons per fire code.
C ouncil R egular M eeng
DAT E:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :D r. Reggie Edwards, City Manager
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 meeng minutes
10/25/24 S tudy S ession
10/28/24 Regular S ession
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee4ngs 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:
P rovide quality s ervices w ith fair and equitable treatment
AT TA C H M E N TS :
D escrip4on U pload D ate Type
10.28.24 S tudy S ession 11/19/2024 Backup M aterial
10.28.24 Regular M ee4ng 11/5/2024 Backup M aterial
10/28/24 -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
OCTOBER 18, 2024
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at
6:03 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, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar.
COUNCIL MISCELLANEOUS DISCUSSION ITEMS
Mayor Graves asked if any Councilmembers had additional items for discussion. There were no
topics added.
CODE OF CONDUCT
Councilmember Lawrence-Anderson noted Charter Commission appointments are not made by
the Council, referring to page eight. A judge appoints people to the Charter Commission. Mayor
Graves read the section aloud and agreed the paragraph was confusing.
Councilmember Kragness stated on page six there was wording that was supposed to be corrected
but was not. Mayor Graves asked if Councilmember Kragness had alternative wording to propose.
Councilmember Kragness stated she would think about it.
Councilmember Jerzak reiterated that the edits had not been made. He read through the items in
question and explained the changes that needed to be made.
Mayor Graves asked who would make the edits. Dr. Edwards clarified that Staff would make the
edits.
Councilmember Jerzak referred to the City Charter as well as Roberts Rules of Order and asked if
the previous resolutions adopted by the Council would be repealed.
City Attorney Siobhan Tolar asked if Councilmember Jerzak believes the document in questio n
10/28/24 -2- DRAFT
and the Charter are in conflict. Councilmember Jerzak confirmed there are some conflicts. He
asked if other resolutions would need to be repealed because the proposed policy is in conflict with
the Charter.
Ms. Tolar stated the Charter is the controlling document and overrules any other documents. She
stated many of the policies in the Code of Conduct would be in addition to the Charter. However,
any conflicts would defer to the Charter.
Councilmember Jerzak requested Ms. Tolar review the Charter.
Mayor Graves asked what the conflicts are. Councilmember Jerzak gave an example of the type
of meetings allowed by the Charter. Another example is related to Robert’s Rules of Order or the
order of meeting items.
Ms. Tolar explained the Code of Conduct is intended to fit into existing policies and be
supplemental. Some language was modified by the previous City Attorney. Her only edits were
reorganizing.
Councilmember Jerzak asked what the Code of Conduct has that the Charter doesn’t have
Mayor Graves stated although there are existing policies regarding decorum, some people have
still felt disrespected. Also, there are not any standards for accountability as of yet.
Councilmember Jerzak stated that his concern is that respect is subjective, and the Code of Conduct
could be weaponized.
Mayor Graves reiterated there is no adopted process to rectify any issues of misconduct. She stated
that the Code of Conduct is not to replace any existing policy but to complement what is already
in place. Additionally, the proposed Code of Conduct is in line with the Council’s goals. She
requested Councilmember Jerzak review the Charter and note any misalignment.
Councilmember Jerzak stated he is unclear on the process and punitive steps, as well as censuring,
and would like clarification on this. He also noted that he feels the City Attorney should be a part
of the process
Mayor Graves stated she doesn’t have an issue sharing the responsibility.
Ms. Tolar stated the Council administers the censuring process. However, censuring isn’t the first
punitive step.
Councilmember Lawrence-Anderson stated that she would also like clarification on the censure,
and what constitutes a censure and asked if they would want the Charter Commission to assist with
the process.
10/28/24 -3- DRAFT
Mayor Graves stated she would prefer that the Council handle the matter but stated they could
look at the Charter assisting and mitigating conflicts if needed.
Councilmember Lawrence-Anderson stated she would like to know what would constitute a
censure. Mayor Graves stated the Code of Conduct requires repeated complaints and a Council
vote.
Councilmember Lawrence-Anderson asked what censuring looks like. Ms. Tolar stated it is a
public admonition. The Councilmember would have received multiple verbal warnings. Then the
Council would pass a resolution acknowledging the Councilmember’s inappropriate behavior.
Mayor Graves added Commissioners who have faced censuring would have a certain timeline
before they can serve on a Commission again. The purpose is to promote accountability.
Councilmember Butler reminded the council that this is also a reflection of staff. She pointed out
Staff have been mistreated by both Council and Commissioners in the past and by passing a Code
of Conduct, it is intended to show the Council’s commitment to caring for and protecting Staff.
Councilmember Kragness noted the document needs to be cleaned up. For example, on page five
item two, contact is supposed to be limited to specific Staff. It is unclear what Staff this is referring
to and in what context. Mayor Graves suggested removing the first sentence regarding limiting
contact with Staff.
Councilmember Kragness added the document is worded in an accusatory manner. On page six
for items 12 and 13, it says “do not speak badly” when it could say “refrain from speaking ill of”
and the like. For 13, it says “Don’t spring surprises on Councilmembers.” There was discussion
on the item and Council offered to ask more questions in advance of a meeting. She stated she
would review her notes for more insight.
Councilmember Lawrence-Anderson stated Councilmembers might have a question during a
presentation. She asked if the Council could no longer ask Staff questions during the meeting.
Mayor Graves stated the item could be worded to “refrain” from springing questions on Staff.
Councilmember Lawrence-Anderson pointed out that the term “surprises” is a broad word and
asked if it would relate to presentations and questions directed at the presentation.
Mayor Graves stated she believes the point is to avoid putting Staff on the spot o r pressuring
someone to make an immediate decision.
Councilmember Lawrence-Anderson stated the Council’s job is to ask questions.
Councilmember Jerzak noted on page six, item D, stated only the Mayor or presiding officer may
ask a presenter a question. However, any Councilmember can call for a Point of Order per Robert’s
Rules of Orders. Mayor Graves stated the Code of Conduct allows for any Councilmember to
request the presiding officer to make a Point of Order. Councilmember Jerzak stated the item
10/28/24 -4- DRAFT
doesn’t allow for other Councilmembers to ask clarifying questions during a presentation, which
is especially important during a longer presentation.
Mayor Graves asked how the item could be amended. Councilmember Jerzak stated the item could
allow Councilmembers to ask permission from the presiding officer to ask a question of the
presenter, but only if necessary. Mayor Graves pointed out the item is to prohibit disrespectfulness
from a Councilmember or unnecessary interruptions. Reasonable questi ons are absolutely
allowed. However, she is open to edits if the Council would prefer it.
Councilmember Kragness stated adding more words is making the document too wordy. It is
understood the Council should listen to the whole presentation, and it doesn’t need to be written.
The item is addressing when an off-topic conversation is occurring.
Councilmember Jerzak referred to page seven item F, he stated that this item is well-intended, but
it could be weaponized as attacks are subjective.
Mayor Graves stated egregious actions are obvious to most people. She has been interpreted as
stern when it is merely her passion coming through. The intention is not to police personal
expression but to promote accountability and set an example to the community.
Mayor Graves added the vote doesn’t need to be unanimous. However, it would be important to
have everyone on the same page and of the same mind.
Councilmember Kragness asked where the final paragraph on page four originated from. Mayor
Graves read through the paragraph aloud regarding personnel administration. She stated that there
are a number of examples of how the Council should be interacting with Staff. It was likely pulled
from Brooklyn Park’s initial draft.
Councilmember Kragness asked if it needs to be in the Code of Conduct. The first two paragraphs
have enough information, and the third paragraph seems unnecessary. Mayor Graves stated the
third paragraph seems like a transitional paragraph to move along to the list of directives. The
third paragraph provides reasoning for the directives.
Councilmember Lawrence-Anderson pointed out it is a good document, and there has been
meaningful progress.
City Manager Reggie Edwards explained that Staff will meet with the City Attorney to make edits
before they return to the Council. Also, any items from the Code of Conduct that duplicate the
Charter Commission will be removed.
Dr. Edwards pointed out there is an audio issue for those viewing the meeting remotely. Staff is
working to fix the issue.
Dr. Edwards noted the Council’s conversation is great and will thoroughly inform the final Code
of Conduct.
10/28/24 -5- DRAFT
Mayor Graves stated the item would be addressed again at a future meeting.
BROOKLYN CENTER 2025 LEGISLATIVE PLATFORM
Dr. Edwards summarized the previous discussions regarding the 2025 Legislative Platform. Both
the old and new language are included to reflect edits made. There will be a clean document
presented to the Council for approval at the next Council meeting.
Dr. Edwards explained the first group of legislation relates to administration. The City wants to
support information access and official notifications in an updated manner. There is an item
addressing election judge recruitment and retention by allowing college students to have time off.
Brooklyn Center continues to support funding for cultural centers and museums. Dr. Edwards
stated the Public Works Garage is an essential service for the City, and they are seeking funding
through the legislative process.
Dr. Edwards noted Brooklyn Center supports legislation that protects tenants and lifts up affordable
housing. Affordable housing is critical, especially where there are concentrations of poverty.
Funding can be spread throughout the Metro to avoid disparities within certain communities.
Another legislative item in the Platform is to support group homes and assisted living centers while
addressing the disproportionate implementation of such facilities. Brooklyn Center has the highest
percentage of group homes compared to any City in Minnesota.
Dr. Edwards the City also wants to support a more even distribution of emergency shelter and
transitional housing uses in hotels. Brooklyn Center needs to retain its hotels as income sources
while continuing to serve those in need. Lastly for housing, Brooklyn Center supports efforts to
train new and diverse building officials.
Dr. Edwards explained there are a number of legislative items related to business and economic
development of interest to Brooklyn Center. They want to support small business development
through opportunities and resources and protect business tenants. Brooklyn Center supports an
internship-to-work tax credit for organizations hosting young workers within the City. They also
want to promote workforce readiness by fully funding the Minnesota Job Skills Partnership.
Dr. Edwards stated Brooklyn Center supports flexibility within Tax Increment Financing (TIF)
Districts to facilitate redevelopment and housing flexibility. The City is reques ting critical
legislative funding that will fill gap funding necessary for the build-out of Phase 1 of the
Opportunity Site. The request will be done in such a way as to avoid “double-dipping.”
Dr. Edwards stated some financial items include supporting State funding for cities recovering tax
losses due to 4D Transition Aid, encouraging continued legislative support for Metro Area Fiscal
Disparities, advocating for simplifying the current sales tax exemption for construction materials,
increasing property tax relief for property owners, and adding an annual indexing factor to the
Local Government Aid (LGA) formula.
10/28/24 -6- DRAFT
Dr. Edwards noted Brooklyn Center supports the State adding “racial trauma” to eligible
conditions for psychological treatment. He pointed out the item is new for 2025.
Dr. Edwards added Brooklyn Center supports extension and permanent funding of Public Safety
Aid, Deferred Retirement Option Plan (DROP) for law enforcement, extending the presumption
of privacy for body-worn camera footage to non-sown staff in alignment with current State law,
improving race-related data collection by allowing individuals to self-identify their race on their
driver’s licenses, funding for the expansion of the COP Autism Response Education (CARE)
training model, clarifying State Statutes that allow juveniles to be help for questioning and booking
in City jail for up to six hours, and implementing the principles and strategies outlined in the
President’s Task Force on 21st Century Policing.
Dr. Edwards stated other legislative items of note to Brooklyn Center include appropriation of
funding to the Fencing Consortium, funding Brooklyn Park’s regional joint emergency operations
center and indoor fire training facility, funding for the Dayton Regional live fire trainin g facility,
increased and continued funding to MNFIRE and MBFTE, permanent funding for public safety
responder mental health and well-being, addressing issues with TH 252, MVLST funding, funding
for and improvements to public transportation, and flexibility in city cost participation on State
and County roads.
CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS
Dr. Edwards explained there is a correction required for the minutes related to certifying the special
assessments rolls because Council didn’t verbally remove appellants from the rolls. A similar
change will be made to the administrative citation process. There was no objection from the
Council.
Dr. Edwards pointed out that Director of Community Prevention, Health, and Safety LaToya Turk
is ill and unable to attend the meeting. Therefore, the item on the Work Session titled Community
Safety and Violence Prevention Commission Council Discussion will need to be pushed back to a
later date.
Mayor Graves asked where in the agenda the Council should address the error with the special
assessments roll. Dr. Edwards stated the only action required of the Council is approving the
changes to the previous set of minutes.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
ADJOURNMENT
Mayor Graves adjourned the meeting at 7:06.
10/28/24 -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
OCTOBER 28, 2024
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April
Graves at 7:06 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 Engineer
Lydia Ener, Community Development Director Jesse Anderson, Zoning Administrator Ginny
McIntosh, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. INFORMAL OPEN FORUM
Mayor April Graves opened the meeting for the purpose of Informal Open Forum and reviewed
the required decorum.
Gretchen E. reminded community members the City Hall is open for early voting. She noted she
attended a Hwy 252 meeting that day and thanked Mayor Graves and Councilmember Jerzak for
their attendance and participation in the meeting.
Katie W. introduced herself as the mother of Duante Wright and cofounder of the Duante and Kobe
No More Names Initiative. She requested the Council consider the Implementation Committee
members to continue their work on the permanent committee. She also requested non-residents
be considered for the permanent committee. Brooklyn Center is a pass-through community, and
many people live outside of the City but enter the City to worship, work, dine, and shop. There
are numerous folks who are not Brooklyn Center residents who would have valuable experience
and knowledge to share with the permanent committee.
Katie W. added October 27, 2024, would have been Duante Wright’s 24th birthday. Mayor Graves
wished Duante a happy birthday.
10/28/24 -2- DRAFT
Devlin W. explained he lives on 50th Avenue, he missed the special assessments meeting, and
attended the wrong meeting. He stated he owns one building with one set of utilities. However,
he received two bills because the building has two addresses. He tried to call multiple times
without any answer. He has been passed around to various Departments, and no one is sure who
he is supposed to speak to.
Devlin W. has experienced similar issues with other City processes. He purchased a building about
two years ago and obtained a rental license. Since then, he has been on a six -month schedule with
regular fees to maintain his license. He just got approved for a three -year rental license, but the
length of the process was due to poor communication from Staff.
Devlin W. stated he should be able to speak with Staff with questions or concerns, especially when
the lack of response from the City results in a fine for him. Another business owner on 50th Avenue
has suggested the creation of a formal group to fight the City. There have been issues with cars
parked too long.
Mayor Graves thanked Devlin W. for his comments. She stated his time limit has been reached
and noted her hope that Staff would help him to navigate his concerns.
Amity D. requested the Council put as much effort into the permanent committee as the
Implementation Committee put into their items. He pointed out law enforcement isn’t required to
live in Brooklyn Center. Therefore, members of the permanent committee shouldn’t be required
to live in Brooklyn Center.
Raj S. introduced himself as a representative of the Minneapolis NAACP. In the wake of the
apology issued by the President of the United States, local governments are still choosing to do
the Pledge of Allegiance without any land acknowledgments. He asked why Brooklyn Center
doesn’t do a public land acknowledgment.
Raj S. agreed the permanent committee should include residents from outside of Brooklyn Center.
Similar to the Minneapolis NAACP, such groups have impacts outside of their base community.
Randy C. pointed out all other Brooklyn Center committees have a requirement that the
participants be City residents.
Mayor Graves noted they are past their Informal Open Forum time limit.
Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open
Forum at 6:20 p.m.
Motion passed unanimously.
5. INVOCATION
Councilmember Kragness shared a quote about unity, community, strength, love, and justice.
10/28/24 -3- DRAFT
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lawrence-Anderson moved and Mayor Graves seconded to approve the Agenda
and Consent Agenda, as amended, with amendments to the Regular Session meeting minutes of
October 14, 2024, as discussed during the Study Session, and the following consent items were
approved:
6a. APPROVAL OF MINUTES
1. October 14, 2024 – Study Session
2. October 14, 2024 – Regular Session
3. October 14, 2024 – EDA/Worksession
6b. LICENSES
MECHANICAL
Advanced Climate Solutions LLC 930 Hub Court
Crown Point 46307
Liberty Comfort Systems 627 East River Road
Anoka 55303
MN Heating and Cooling LLC 410 Pleasant Crest Circle
Annandale 55376
RENTAL
INITIAL (TYPE IV – six-month license)
6618 Camden Drive Hussain Khan
INITIAL (TYPE III – one-year license)
5754 Humboldt Avenue N Chinedu Agbonghai &
Igure Augustine
INITIAL (TYPE II – two-year license)
6100 Summit Drive LUX PROPERTY SPE LLC
4207 Lakeside Avenue N #338 Julian Tamonkia Awandem
RENEWAL (TYPE IV – six-month license)
5301 France Avenue N Juniper Land Trust Llc
5406 Sailor Lane JMW Investments LLC
5849 Colfax Avenue N Bay Street Homes, LLC
10/28/24 -4- DRAFT
6628 Camden Drive Wells Bovards
7141 Newton Avenue N Ih2 Property Illinois Lp
RENEWAL (TYPE III – one-year license)
3612 Commodore Drive Ih2 Property Illinois Lp
3701 Woodbine Lane Rose Blalock
4506 71st Avenue N Obafemi Oladeji
5500 Knox Avenue N Mnsf Ii W1 Llc
6000 Bryant Avenue N RTO Investments LLC
6413 June Avenue N CEL MONTON LLC
RENEWAL (TYPE II – two-year license)
1800 57th Avenue N Zenaldo Alonso Contreras/
Carmela Alonso Morales
5300 Queen Avenue N FOZIA ABASHAM
5719 Halifax Avenue N 5719 Halifax Ave Llc
6100 Bryant Avenue N Kurt Templin | Mary Templin
RENEWAL (TYPE I – three-year license)
5347 Brooklyn Boulevard Randall B Cook
4419 Winchester Lane Easton Homes Llc
5147 Drew Avenue N Frank Jin & Emily Zhao
5524 Knox Avenue N Michael Ude
5807 Drew Avenue N D Kabanuk & T L Kabanuk
5924 Dupont Avenue N J Miller & D Miller
5924 Washburn Avenue N R M Mcluen & L E Mcluen
6107 Emerson Avenue N Lydia Yeboah
6721 Perry Avenue N Abebayehu Wordofa
10/28/24 -5- DRAFT
6c. RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR THE
PEDESTRIAN FACILITIES APPLICATION THROUGH THE
METROPOLITAN COUNCIL’S 2024 REGIONAL SOLICITATION GRANT
PROCESS AND AUTHORIZING ACCEPTANCE OF GRANT FUNDS
6d. BROOKLYN CENTER CITY COUNCIL'S OFFICIAL REQUESTED
INITIAL COMMITMENTS FROM THE MINNESOTA DEPARTMENT OF
TRANSPORTATION REGARDING THE HIGHWAY 252/I-94 PROJECT
6e. OPTING IN TO HENNEPIN COUNTY'S CDBG CONSOLIDATED POOL
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. COMMUNITY DEVELOPMENT ANNUAL REPORT
Dr. Edwards introduced the item and invited Community Development Director Jesse Anderson
to continue the Staff presentation.
Community Development Director Jesse Anderson explained the Community Development
Department’s mission is to ensure balanced growth, foster economic development, and provide
services to both residents and businesses. By guiding the city’s development through effective
planning, zoning, building oversight, economic development, and code compliance, we strive to
maintain Brooklyn Center as a thriving, diverse community. He showed an organizational chart
for the Department.
Mr. Anderson stated the Department oversees multiple functions such as building and community
standards which include enforcing codes, managing property maintenance, conducting rental
licensing inspections, and handling vacant buildings. The Department oversees business and
economic development as well including planning and zoning services, long-range strategic
planning, economic development programs, business retention and expansion programs, and
workforce development.
Mr. Anderson noted Brooklyn Center has a performance-based rental licensing program. The
Community Development Department processes, tracks, and performs rental inspections, provides
a resource packet to all renters, investigates and resolves property complaints, investigates and
enforces unlicensed rental properties, educates folks on Tenant Protection Ordinances, administers
rental licensing, offers CPTED inspections, negotiations mitigation plans for Type III and Type IV
licenses, and inspects all multi-family units.
Mr. Anderson showed a pie chart depicting active rental licenses. Out of just under 12,000 housing
units, about 30 percent of them are rental units. There are 709 active rental licenses, and there are
50 expired licenses. Around half of all licenses get three-year licenses, one-third receive two-year
10/28/24 -6- DRAFT
licenses. He pointed out there are 116 inactive group home properties. Minnesota Department of
Health (MDH) and the Department of Human Services show 175 properties in Brooklyn Center.
Mr. Anderson pointed out code enforcement is a complaint-based program. There are proactive
code enforcement efforts such as neighborhood sweeps, long grass, corridor sweeps, and
commercial properties. Through the Code Enforcement Engagement Program, Staff will knock
on doors to talk to residents about code violations found at the property.
Mr. Anderson noted the Community Development Department also administers citations and
abatements. In 2023, there were 2,446 code enforcement cases. So far in 2024, there have been
2,634 code enforcement cases. There has been an increase in illegal dumping on commercial
properties and vacant lots and an increase in break-ins into vacant commercial properties.
Mr. Anderson showed a chart depicting the annual totals of vacant properties. As of October 18,
2024, there are 64 vacant properties, including both commercial and residential. He pointed out a
vacant unit within a larger property is not counted as vacant. There are notices given regarding
lawn care.
Mr. Anderson stated that 2024 code enforcement and rental initiatives have included continuing
proactive code enforcement activity through door knocking and education, monitoring commercial
vacant properties daily, educating folks following No Mow May, and amending Chapters 12 and
19. They have worked on educating new multi-family property owners and management staff on
rental license inspection programs and processes, continuing ongoing education of the Tenant
Protection Ordinance, and improving and automating the rental license program through iMS.
Mr. Anderson explained the 2024-2025 initiatives for the building division include reviewing the
fixed fee permit schedule, continuing cross-training in preparation for the Opportunity Site,
updating handouts and brochures, reviewing updated codes for 2026 adoption, hiring a new
electrical inspection contractor, updating the iMS permit flow, continuing education with do-it-
yourself (DIY) property owners and contractors, applying for a grant to obtain funding for a
trainee, and reviewing single-family homes that are being converted to MDH assisted living
facilities.
Councilmember Lawrence-Anderson noted the code enforcement sweeps used to be rather
regimented. She asked if the code enforcement is solely complai nt-based. Mr. Anderson stated
Staff decreased sweeps during COVID-19. Now there is more Staff time focused on rental
inspections and group homes.
Zoning Administrator Ginny McIntosh stated in 2024, the City has received a number of
applications including one Site and Building Plan, five Conditional Use Permits, two Subdivisions,
one Planned Unit Development (PUD), three Ordinance Amendments, and one Concept Plan
Review. Despite market conditions, there have been some new developments. New construction
projects were Wangstad Commons and Pollo Campero. The former Walmart has been converted
to Empire Foods, Applebee’s to Dos Hermanos, Big O Tires to Minnesota Department of Vehicle
Services Inspection Station, Earle Brown Bowl to Los Campeones Gym, and Discount Tire to an
10/28/24 -7- DRAFT
expanded Icon Beauty.
Ms. McIntosh stated 2025 planning and zoning initiatives include continuing to review the Unified
Development Ordinance (UDO) for opportunities to strengthen and clarify the document,
implementing cannabis regulations prior to 2025, monitoring ongoing “Missing Middle”
legislation, reviewing opportunities to be more efficient and streamlined with the development
process to promote competitiveness, creating a Housing Policy Plan, considering Local Affordable
Housing Act (LAHA) and Housing Trust Fund options, and continuing to seek additional
opportunities for funding for the Opportunity Site. Additionally, Staff hopes to strengthen and
diversity business development and housing priority areas such as the former Sears, the former
Target, former Brown College, 57th and Logan, Opportunity Site, and Shingle Creek Crossing.
Ms. McIntosh showed a graph depicting building permit project valuation annually since 2017 and
a list of construction activity within the City since July 2023 including Brothers Taqueria, All Taco,
102 Boba, Micholandia, Harold’s Chicken, Regus, Vista Salon and Suites, San Juditas Tadeo
Grocery Store, Dos Hermanos, Empire Foods, Icon Beauty, Los Campeones, Pollo Campero,
Wangstad Commons, and the MN DVS Inspection Station. So far in 2024, the building permit
project valuation is just over $27 million.
Ms. McIntosh added many businesses are opening soon or finishing up construction such as
Wangstad Commons, Polloi Campero, Los Campeones, Icon Beauty, Value Foods, Medtronic,
Carol’s Kitchen, Travel Lodge, and multiple assisted living facilities.
Economic Development Manager Ian Alexander stated he has been meeting one-on-one with each
of the Councilmembers, and he has enjoyed getting to know them. The Economic Growth Plan
includes the Opportunity Site, Shingle Creek Crossing, a Brooklyn Center Chamber of Commerce,
a Fit Plan for small developers, loan grant programs, and partnership cultivation.
Mr. Anderson pointed out Staff has been working on small business technical assistance, a façade
improvement fun, Elevate Business through the County, BrookLynk, and the CareerForce Center
with HIRED. Most of his time and other economic development Staff time has been focused on
grants, marketing strategy, and partnership cultivation.
Mr. Anderson stated financial incentives underway include a loan program offering three percent
lending for developers, a housing trust fund, and a grant program Entrepreneurial Equity Fund.
Mr. Anderson pointed out economic development efforts within Shingle Creek, the Opportunity
Site, and the Heritage Center campus are underway. Staff is working with Land Trust Twin Cities
to daylight the Creek. Staff is also working on PUD updates to provide more opportunities within
Shingle Creek and opportunities for the Sears site. At the Opportunity Site, Staff is working with
Alatus on a PUD update, is considering Target redevelopment opportunities, has met with Health
Partners, and is continuing to collaborate with Resurrecting Faith World Ministries.
Mr. Anderson stated the Community Development Department has worked hard in 2024
addressing the City’s housing, code enforcement, and economic development needs while planning
10/28/24 -8- DRAFT
for future growth. Moving into 2025, the Department remains committed to economic
development and ensuring that Brooklyn Center is a community where residents and businesses
can thrive.
Mayor Graves pointed out it is the first time the Community Development Department has been
fully staffed since November 2021. She added she knows someone interested in retail space for a
clothing store, and she will connect them to Staff.
Councilmember Kragness asked if the sports facility would include indoor soccer. Mr. Alexander
stated Staff was contacted by a party interested in building a domed soccer facility. The project is
supposedly fifty percent funded, and there are two potential sites within Brooklyn Center.
Councilmember Lawrence-Anderson asked which sites are being considered. Mr. Anderson
explained he suggested the potential builder connect with the Director of Parks and Recreation.
The second site is at the former Target. The goal would be an outdoor space for the summer and
a covered spot for the winter. Councilmember Lawrence-Anderson stated the former Target would
be a great location.
Mayor Graves noted there has been long-term interest in a sporting facility for the City. She
thanked Staff for the presentation.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to accept the
Community Development Annual Report presentation.
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING
PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT
PROJECT NO. 2025-02, 67TH AVENUE AND JAMES AVENUE MILL &
OVERLAY
City Manager Reggie Edwards introduced the item and invited Assistant City Engineer Lydia Ener
to continue the Staff presentation.
Mayor Graves called for a brief recess at 7:58 due to technical issues.
Mayor Graves called the meeting back to order at 8:07.
Assistant City Engineer Lydia Ener explained there was one neighbor meeting and the Council has
received the feasibility report. She showed a schedule for the rest of the process and pointed out
they hope to establish 2025 assessment rates on November 12, 2024, and to have the assessment
public hearing and final orders on December 9, 2024.
10/28/24 -9- DRAFT
Ms. Ener explained the proposed project includes roadway and minor utility improvements on
67th Avenue North and James Avenue North. The street and drainage improvements would be
pavement mill and overlay, spot curb and gutter replacement, and a casting replacement. As for
utility improvements, they are planning for a sanitary casting replacement and a spot hydran t and
valve replacement.
Ms. Ener pointed out the existing roads are 44 feet wide. The pavement was last reconstructed in
1998. The existing storm sewer pipes were constructed in the early 1970s and range from 15
inches to 36 inches in diameter. The proposed improvements would be for pavement mill and
overlay at existing widths, spot curb and gutter replacement, and a storm sewer casting
replacement. The existing light poles are fiberglass, in good condition, and owned by Xcel.
Ms. Ener stated the existing water main was installed in 1970 and is eight inches in diameter. The
proposed improvements for the water mains are a spot hydrant and gate valve replacement. As for
the sanitary sewer, it was installed in 1970 and has eight-inch diameter PVC. Televising and
condition surveys were taken of sewers and manholes. The proposed improvement is a manhole
casting adjustment and replacement.
Ms. Enter noted an open house was held for the adjacent properties and property owners on August
29, 2024. Due to the commercial and industrial property uses, the meeting was held midday over
the typical lunch hours rather than in the evening, to promote attendance of the commercial
properties. Six properties provided responses, with five attending in person, representing five
properties of the eleven adjacent to the project. Each attendee was able to discuss how the project
would impact their business and access, as well as voice any concerns that could be addressed with
the project. The majority of questions asked related to truck parking, access for shipments during
construction, and the assessment process. All attendees seemed satisfied with having their
questions answered, and many expressed interest in personal follow-up when construction begins.
Ms. Ener showed a table with a breakdown of preliminary project funding. Special assessments
are intended to account for about one-half of the $790,000 project. Based on the City assessment
policy, the commercial properties are assessed by square footage. The estimated interest rate is
based on the most recent City bonding and rating policy at seven percent.
Ms. Ener pointed out there are three options to pay the special assessment. The assessment may
be paid before September 30, 2025, without interest, October 1, 2025, through November 14, 2025,
with interest, or installments with property taxes over a ten-year period starting in 2026 with a 5.5
interest rate. The City will accept partial payments. If the project is approved, a letter will be sent
to owners regarding another Public Hearing.
Councilmember Kragness thanked Staff for the presentation. She asked how much the life of the
roads would be extended with the proposed mill and overlays. Ms. Ener explained mill and overlay
are used as a rehabilitation project and have a typical life cycle of 20 years. It has been 26 years
since the last reconstruction in the area. The rehabilitation will create a better, smoother street and
should last up to 20 years.
10/28/24 -10- DRAFT
Councilmember Kragness asked if rehabilitation is included in the Capital Improvements Plan
(CIP). Ms. Ener stated the CIP doesn’t reflect a full reconstruction for the area because that would
need to be completed beyond the timeline of the existing CIP. The CIP includes the proposed
rehabilitation.
Mayor Graves moved and Councilmember Jerzak seconded to open the Public Hearing.
Motion passed unanimously.
No one appeared to address this item.
Mayor Graves moved and Councilmember Lawrence-Anderson seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Jerzak moved and Councilmember Butler seconded to adopt RESOLUTION NO.
2024-108, a Resolution ordering the Improvement Project No. 2025-02, 67th Avenue and James
Avenue Mill & Overlay, and Authorizing Preparation of Project Plans and Specifications.
Motion passed unanimously.
Mayor Graves asked when Dupont would be open. City Engineer Omer stated they anticipate the
project will be completed in the second week of November.
9. PLANNING COMMISSION ITEMS
9a. OPPORTUNITY SITE MASTER PLAN
Dr. Edwards introduced the item and invited Mike Thompson with Bolton & Menk to continue the
presentation.
Mr. Thompson stated he is excited to present on an item that has been underway for several years.
He showed the timeline for the Master Plan beginning in 2019. They are finally on the adoption
and implementation step. The Plan includes an executive summary, a vision for a new downtown,
public realm, access and connectivity, neighborhood and economic development, and an
implementation plan. There is also a template for a Community Benefits Agreement and an
Equitable Development Framework included as appendices.
Mr. Thompson pointed out that a Master Plan is a big picture, values-driven plan to inform the
future downtown and includes a guiding vision for community goals, principles, and benefits
development. It does not grant permission for anyone to build on the site. Approval means the
community agrees to a shared vision for the Opportunity Site that will guide future development.
10/28/24 -11 - DRAFT
Mr. Thompson stated a Development Proposal, on the other hand, is a specific proposal for what
a developer wants to build. Details and City forms are required in order to reflect what a developer
would build if approved. The Development Proposal only authorizes a developer to build their
specific proposal. The City’s approval is for an agreed-upon development as allowed and approved
by local and State policies.
Mr. Thompson noted the Master Plan process began with a three-phase engagement and outreach
effort. The first phase created a foundation for the goals and priorities of the Opportunity Site by
identifying community conditions, concerns, opportunities, and desired development benefits.
The second phase vetted the Master Plan to ensure it aligned with community desires and sought
to proactively mitigate unintended consequences of future development. The third phase pivoted
from the Master Plan to reviewing and informing the design of the Phase 1 Development Site.
Mr. Thompson explained the engagement process showed a desire to design a place that reflects
and celebrates all people of Brooklyn Center as shepherded by the City. A number of principles
and community values guided the process.
Mr. Thompson stated the Opportunity Site is intended to be somewhat dense with a focus on a
variety of housing for the initial construction. As the market changes, so could the future plans
change. He showed an image of the proposed land use.
Mr. Thompson added the Opportunity Site is intended to be accessible, walkable, bikeable, and
the like. They are considering neighborhood streets, parkways, garden streets, and a main street.
There is also a network of public spaces throughout the Site which will connect to existing public
spaces such as Centennial Park. He pointed out the area for a regional drainage area that will be
used as a focal point, which has already been approved already through the proper channels.
Mr. Thompson stated the Master Plan is intended to be used as a comparison for development
proposals. It is not a rigid process and is guided by values and goals above all else. He showed a
map of the current zoning at the Opportunity Site. The Master Plan creates an opportunity for
some flexibility in zoning. Upon approval from the Metropolitan Council, City Staff could
formally amend the Comprehensive Plan and Zoning Map. From there, development may proceed.
Mayor Graves asked if the additional step for zoning could be a deterrent for potential developers.
Mr. Thompson stated it could be a deterrent. However, it maintains the development goals as
determined in the Master Plan. Most established developers have experience going through a
similar process, so it isn’t a major concern.
Mr. Thompson added any infrastructure added to the City’s system will need to be maintained in
the future. Future infrastructure plans may come with an accompanying ask for increased
operating funds to ensure all new investments are well-maintained. Additionally, it is recognized
that additional construction on the Opportunity Site will likely require additional City Staff in
future budgets.
10/28/24 -12- DRAFT
Ms. McIntosh reiterated it has been a long but necessary process. The acknowledgment page in
the Master Plan shows the various groups and people that have contributed to the process.
Councilmember Kragness pointed out the process has been extremely long. The timing of the
Master Plan is somewhat odd because the Council has been open to alternative development
interests in order to have some sort of progress on the Opportunity Site. She asked if the
parameters limit Brooklyn Center.
Dr. Edwards stated the last master planning process was completed in the 1960s. The process
allows for flexibility and doesn’t tie down the City to any commitments. The main intention is to
provide guidance.
Mayor Graves pointed out there was interest in a sports facility on the Opportunity Site. She asked
if the Master Plan would turn off future interest in a sports facility there. Mr. Thompson explained
the size of the site isn’t a good fit for a giant facility like Allianz. The Master Plan intends to
promote a downtown area. Ultimately, the Master Plan wouldn’t preclude a sports facility.
Dr. Edwards added the Master Plan is intended to guide future decisions for the site. It shows an
interest in a gathering area or other downtown offering and can be used as a comparison for future
development considerations.
Councilmember Jerzak asked if a Master Plan is required by the Metropolitan Council. Mr.
Thompson stated there isn’t a requirement by the Metropolitan Council. However, such a
document would be necessary to allow for the unique option of the rezoning process, as previously
explained.
Councilmember Jerzak stated between market conditions and the length of time since community
engagement efforts. He doesn’t want a developer to be deterred by a Master Plan because the ideas
aren’t of interest to them. Mr. Thompson explained there are a number of unique qualities of the
Opportunity Site. Its proximity to the highway and the City’s ownership of most of the area are
attractive to developers.
Councilmember Lawrence-Anderson requested an update from Staff on Alatus. Mr. Anderson
stated they plan to update the Council on the progress of discussions. The City’s legislative
priorities work hand-in-hand with Alatus’ interest in the site.
Dr. Edwards stated the Master Plan is not intended to be a hodgepodge of ideas but to promote the
best possible Brooklyn Center. Mayor Graves agreed the vision is meant to be intentional and
guiding the site to best serve the City.
Ms. McIntosh pointed out developers have been overwhelmed by the amount of land. The Master
Plan is a framework to provide some clarity for interested parties. There are also some limitations
with parkway extensions, block sizes, and the like. The Master Plan will help potential developers
to see where they could fit into the project. Additionally, developers looking for funding support
10/28/24 -13- DRAFT
from Brooklyn Center can be required to consider the values within the Master Plan prior to
receiving any financial assistance.
Mayor Graves moved and Councilmember Butler seconded to adopt the Opportunity Site Master
Plan as the guiding policy document for future build-out of the Opportunity Site Plan.
Motion passed unanimously.
Mayor Graves noted she is frustrated about the lack of lighting throughout Brooklyn Center. It is
a priority to include lighting as more areas of the City are built up. Ms. McIntosh stated the updated
Code and the UDO have enhanced lighting requirements. There is a push and pull with promoting
light without overdoing brightness.
Councilmember Lawrence-Anderson agreed Shingle Creek needs more lighting. Better light ing
is necessary for a safe, walkable community, and promotes a sense of safety.
Dr. Edwards thanked Staff for their continued work on the Opportunity Site.
10. COUNCIL CONSIDERATION ITEMS
10a. APPEALS FOR PROPOSED SPECIAL ASSESSMENTS FOR ADMINISTRATIVE
FINES/CITATION COSTS
City Manager Reggie Edwards introduced the item and invited Community Development Director
Jesse Anderson to make the Staff presentation.
Community Development Director Jesse Anderson explained a public hearing was conducted on
October 14, 2024. First of all, the appellant from 7184 Unity Avenue North stated she was out of
the country and did not know she was receiving citations until she returned. Staff had found the
property during proactive code enforcement efforts. An inoperable vehicle was visible from the
street. Staff conducted eight inspections over a two-month period. A total of three administrative
citations were issued totaling $700. The vehicle was ultimately removed.
Mr. Anderson stated the appellant from 5811 Shores Drive sent an email explaining she didn’t
have the funds needed to repair her siding because she had to replace her HVAC unit. City received
a complaint about the property conditions of a few townhomes in the association. Staff completed
an inspection and cited the property in violation. After a couple of notices and extensions, Staff
issued administrative citations for failure to comply. The City didn’t receive a mechanical permit
for an HVAC unit replacement. Two administrative citations were issued totaling $200. He
showed photos of the home.
Mr. Anderson added the appellant from 6718 Quail Avenue North stated she did not receive paper
or email notices to renew her rental license. She claimed she had been caring for her mother, but
she has now moved back into the property. The six -month license expired on February 28, 2023.
Three administrative citations were issued totaling $5,000. Four notices were sent prior to the first
10/28/24 -14- DRAFT
citation in May 2023. All notices, both via letter and email, were sent to the email and address on
file. In June 2023, the appellant stated the emails were going to her junk folder and she would
stop in to renew the license. In May 2024, a rental inspection was completed and passed. However,
the appellant was notified she would not receive the license until her outstanding utility bill was
paid. In June 2024, the rental license was changed to inactive because the property was listed as
an assisted living facility.
Mr. Anderson stated the recommendation for the appeal regarding Unity to be maintained, the
appeal for Shores to be reduced by $100 due to similar citations, and the appeal for Quail to be
maintained.
Mayor Graves stated the quickness for the $2,000 fees is alarming, referring to the Quail appeal.
Mr. Anderson stated there was a little over a month between each citation. Monthly citations are
regular for renting without a license. Citations are more regular for less complicated issues.
Mayor Graves noted the process was long. Mr. Anderson explained the initial email renewal was
sent in January 2023 with three more after that. Once the license is expired, a letter and email are
sent out monthly.
Mayor Graves asked why the May 2023 citation was only for $300. Mr. Anderson stated the
citation starts at $300 and doubles over time. Past citations have been assessed in previous years
already.
Councilmember Jerzak stated there were around 4,000 assessments, but only three were appealed.
If the City is going to pass ordinances and citations, then they need to support their inspectors.
The Staff’s effort to communicate with residents and enforce codes should be respected.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2024-110, A Resolution Certifying Special Assessments for Administrative
Fines/Citations cost to the Hennepin County Tax Roll.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Butler reported on her attendance at the following and provided information on
the following upcoming events:
Thanked the Parks and Recreation Commission and Staff for their work on the Halloween
Party.
Councilmember Jerzak reported on his attendance at the following and provided information on
the following upcoming events:
Participated in the ribbon cutting for the Vehicle Inspection Station.
Attended a Hwy 252 Task Force meeting.
Attended the Public Works Maintenance Facility tour.
10/28/24 -15- DRAFT
Discussed concerns with constituents.
Councilmember Kragness reported on her attendance at the following and provided information
on the following upcoming events:
Attended the Public Works Maintenance Facility tour.
Attended the Halloween Party.
Attended the ribbon cutting for the Vehicle Inspection Station.
Attended the swearing-in for new officers.
Mayor Graves reported on her attendance at the following and provided information on the
following upcoming events:
Participated in the ribbon cutting for the Vehicle Inspection Station.
Attended a Hwy 252 Task Force meeting.
Volunteered with some School Board members.
Met with Staff from the NAACP.
Met with Brooklyn Park’s Mayor.
Reminded folks she and other City representatives will be attending a conference in Tampa
in November. There was a discussion regarding the attendance of Council for the November
12, 2024 meeting.
12. ADJOURNMENT
Councilmember Butler moved and Councilmember Jerzak seconded adjournment of the City
Council meeting at 9:10 p.m.
Motion passed unanimously.
C ouncil R egular M eeng
DAT E:11/25/2024
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
Bruce Nelson P lbg & H tg
7012 6th S treet N, O akdale 55128
Binder H ea6ng & A ir Condi6oning
222 H ardman Avenue N, S outh S aint Paul 55075
G enz -Ryan P lbg & H tg C o
2200 H ighw ay 13 W, Burnsville 55337
O n-S ale I ntoxicang
Captain C rab
1360 S hingle Creek C rossing, S uite 201
Topgolf
6420 Camden Ave N
Jambo A frica
1601 F reeway Blvd
H ip S ing B B Q Restaurant
6201 Brooklyn Blvd
O ga Madam K itchen
6000 S hingle Creek P kwy
O n-S ale S unday
Captain C rab
1360 S hingle Creek C rossing, S uite 201
Topgolf
6420 Camden Ave N
Jambo A frica
1601 F reeway Blvd
H ip S ing B B Q Restaurant
6201 Brooklyn Blvd
A merican Legion
6110 Brooklyn Blvd
O ga Madam K itchen
6000 S hingle Creek P kwy
O n-S ale 3.2
D avanni's P izza & H ot H oagies
5937 S ummit D r.
50's G rill
5524 Brooklyn Blvd
O n-S ale W ine
D avanni's P izza & H ot H oagies
5937 S ummit D r.
50's G rill
5524 Brooklyn Blvd
O ff-S ale 3.2 M alt L iquor
Cub Foods
3245 County Rd 10
S peedw ay #3192
6950 Brooklyn Blvd
S peedw ay #4058
1901 57th Ave N
S peedw ay #4160
6545 Wes t River Rd
Liquor - C lub
A merican Legion
6110 Brooklyn Blvd
Tobacco
Jambo A frica
1601 F reeway Blvd
H oliday S ta6onstore #3808
5710 Xerxes Ave
H oliday S ta6onstore #292
420 66th Ave N
P remier Tobacco
6930 Brooklyn Blvd
S peedw ay #3192
6950 Brooklyn Blvd
S peedw ay #4058
1901 57th Ave N
S peedw ay #4160
6545 Wes t River Rd
Cas ey's Retail Company
2101 F reeway Blvd
Family D ollar
2105 57th Ave N
Cloud Nine S moke S hop
615 66th Ave N
Cub Foods
3245 County Rd 10
W inner
6501 H umboldt Ave N
Royalty & S ons Tobacco
6044 Brooklyn Blvd
Gasoline S ervice S taon
H oliday S ta6onstore #3808
5710 Xerxes Ave
Cas ey's Retail Company
2101 F reeway Blvd
S peedw ay #3192
6950 Brooklyn Blvd
S peedw ay #4058
1901 57th Ave N
S peedw ay #4160
6545 Wes t River Rd
Brooklyn B P
6044 Brooklyn Blvd
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
AT TA C H M E N TS :
D escrip6on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rentals 11-12 11/19/2024 Backup M aterial
Rentals 11-25 11/19/2024 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
6101 Brooklyn Blvd
Multiple Family
1 Bldg 54 Units Initial JO Companies 0 Type I N/A Type II N/A N/A
5337 Oliver Ave N Single Initial Benyam Sahle
21 Type IV N/A Type IV N/A 0
4204 Lakebreeze Ave N
Multiple Family
1 Bldg 4 Units Renewal
AZ RENTAL APARTMENTS LLC
Did not meet requirements
0 Type I 0 Type IV Type IV 4
6915 Humboldt Ave N
Multiple Family
2 Bldgs 50 Units Renewal
Lynwood Pointe Llc
Met Requirements
283 = 5.6 per
unit Type IV
11/16/23 Noise
12/1/23 Noise
2/26/24 Public Disturbance
3/6/24 Noise Type IV Type IV 3
5330 Queen Ave N Two Family Renewal Fong Xiong
2 Type I 0 Type I Type II N/A
4207 Lakeside Ave N, #139 Condo Renewal ALEXANDER ANDRZEJEK
0 Type I 4/7/24 Noise Type I Type II N/A
1308 68th La N Single Renewal
Roth Wagner Llc1
Did not meet requirements 1 Type I 0 Type III Type III N/A
1549 Humboldt Pl N Single Renewal
Johnson Organization Inc
Met Requirements
1 Type I 0 Type I Type III N/A
2606 65th Ave N Single Renewal HPA II Borrower 2020-2
1 Type I 0 Type I Type IV N/A
2836 67th La N Single Renewal Jose A Aguilar
2 Type I 0 Type I Type II N/A
3712 53rd Pl N Single Renewal
SFR BORROWER 2022-A LLC
Did not meet requirements
11 Type IV 0 Type IV Type IV 2
3800 Burquest La Single Renewal
HENNEPIN RP FUNDING LLC
Did not meet 4 Type II 0 Type III Type III N/A
4101 61st Ave N Single Renewal Long Xiong
3 Type II 0 Type II Type I N/A
4600 69th Ave N Single Renewal Aisheh Wazwaz & Sami Ameri
20 Type IV 0 Type IV Type IV 2
5201 Drew Ave N Single Renewal A Omar & E Katabay 2 Type I 0 Type I Type I N/A
5300 Knox Ave N Single Renewal ANTONIO VIZCARRA-MORENO
0 Type I 0 Type IV Type IV 2
5301 Logan Ave N Single Renewal Mnsf Ii W1 Llc
5 Type II 0 Type II Type I N/A
Rental Licenses for Council Approval 11.12.24
5351 Irving Ave N Single Renewal
Cel Monton Llc
Met Requirements
6 Type III 0 Type III Type III N/A
5510 France Ave N Single Renewal
Iasis I Llc
Met Requirements
7 Type III 0 Type III Type IV N/A
5819 Dupont Ave N Single Renewal T D Nguyen & H Le
1 Type I 0 Type I Type I N/A
6001 Admiral Pl Single Renewal
IH2 PROPERTY BORROWER LP
Met Requirements
3 Type II 0 Type II Type III N/A
6013 Brooklyn Blvd Single Renewal Rosa F Chiqui Lema
0 Type I 0 Type I Type I N/A
6701 Bryant Ave N Single Renewal Ih2 Property Illinois Lp
3 Type II 0 Type II Type I N/A
6807 Scott Ave N Single Renewal Gao Qiang Liu
0 Type I 0 Type III Type III N/A
6835 Colfax Ave N Single Renewal
HP MINNESOTA I LLC
Met Requirement
0 Type I 0 Type I Type III N/A
*CFS = Calls for service for renewal licenses only (Initial licenses are not applicable to CFS and will be listed as N/A)
**License type being issued
***Initial licenses will not show a Type I = 3 year, Type II = 2 year, Type III = 1 year, Type IV = 6 months
All properties are current on City utilities and property taxes
Location Address License Subtype Renewal/Initial Owner
Property
Code
Violations
License
Type Police CFS*
Final
License
Type**
Previous
License
Type***
Consecutive
Type IV's
1107 57th Ave N
Multiple Family
1 Bldg 4 Units Initial 1107 4X LLLP 8 = 2 per unit Type III N/A Type III N/A N/A
6101 Brooklyn Blvd
Multiple Family
1 Bldg 54 Units Initial JO COmpanies
0 Type I N/A Type II N/A N/A
3519 53rd Pl N Single Initial Jewel Johnson 25 Type IV N/A Type IV N/A 0
6142 Brooklyn Blvd Single Initial Duc Minh Truong 28 Type IV N/A Type IV N/A 0
6812 Camden Ave N Single Initial Kendra Woods & Cory Thibado
1 Type I N/A Type II N/A N/A
7212 Kyle Ave N Single Initial Sharaz Mohammed
0 Type I N/A Type II N/A N/A
700 66th Ave N
Multiple Family
24 Bldgs 92 Units Renewal
Georgetown-bc Company Lllp
Met Requirements
447 = 4.86 per
unit Type IV
10/29/23 Disorderly
Conduct Type IV Type IV 3
1425 55th Ave N
Multiple Family
1 Bldg 4 Units Renewal
Trung C Duong
Met Requirements
5 = 1.25 per
unit Type II 0 Type II Type IV N/A
1421 63rd La N Single Renewal Gary Fraser
0 Type I 0 Type I Type I N/A
3800 Burquest La Single Renewal HENNEPIN RP FUNDING LLC 4 Type II 0 Type III Type III N/A
5121 France Ave N Single Renewal
Ih2 Property Illinois Lp
Met Requirements
9 Type IV 0 Type IV Type III 0
5706 Camden Ave N Single Renewal Midwest Challenge Inc
2 Type I 0 Type III Type III N/A
6424 Perry Ave N Single Renewal
Raphael Bidahor
Met Requirements
0 Type I 0 Type I Type IV N/A
6725 Bryant Ave N Single Renewal
Vong Duong & Ngoc-Keiu Huynh
Did not meet requirements 4 Type II 0 Type IV Type IV 5
6912 Logan Ave N Single Renewal
Hpa Borrower 2017 1 Llc
Met Requirements
11 Type IV 0 Type IV Type III 0
6937 Unity Ave N Single Renewal Wells Bovard
1 Type I 0 Type I Type II N/A
7243 Riverdale Rd Single Renewal
Ih2 Property Illinois Lp
Met Requirements 16 Type IV 0 Type IV Type IV 2
*CFS = Calls for service for renewal licenses only (Initial licenses are not applicable to CFS and will be listed as N/A)
**License type being issued
Rental Licenses for Council Approval 11.25
***Initial licenses will not show a Type I = 3 year, Type II = 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:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :D r. Edwards
BY:G are( F les land, Chief of Police
S U B J E C T:Res olu.on A ccep.ng G rant F unding from the M innesota D epartment of P ublic S afety
O ffice of J us .ce P rograms for I ntensive C omprehens ive Peace O fficer Educa.on and
Training Posi.ons
Requested Council A con:
- Moon to approve a resoluon accepng grant funding from M innesota D epartment of P ublic S afety
Office of J usce P rograms for I ntensive C omprehensive Peace Officer Educaon and Training posions and
authorizing execuon of grant agreement.
B ackground:
The city applied for a grant and w as selected for three I ntens ive Comprehensive Police O fficer Educa.on
and Training posi.ons . This grant w ill allow the city to recruit and hire three non-tradi.onal police officer
candidates. The grant w ill provide funds for approximately s ix months of training required for them to
become eligible to be licens ed and appointed as Brooklyn C enter Police O fficers. The grant w ill also provide
funds for their full-.me s alaries and a por.on of their medical and health benefits .
B udget I ssues:
G rant provides $150,000.
I nclusive C ommunity Engagement:
A llow s the city to recruit and hire non-tradi.onal police officer applicants .
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
Maintain a s trong financial pos i.on, I mprove community and employee s afety, I mprove employees’
experience
AT TA C H M E N TS :
D escrip.on U pload D ate Type
Res olu.on regarding I C P O E T grant 11/1/2024 Resolu.on Le(er
Member introduced the following resolution and moved its adoption:
RESOLUTION NO. 2024-
RESOLUTION ACCEPTING GRANT FUNDING FROM THE
MINNESOTA DEPARTMENT OF PUBLIC SAFETY OFFICE OF
JUSTICE PROGRAMS FOR INTENSIVE COMPREHENSIVE
PEACE OFFICER EDUCATION & TRAINING (ICPOET)
POSITIONS AND AUTHORIZING EXECUTION OF GRANT
AGREEMENT
WHEREAS, the Minnesota Department of Public Safety Office of Justice Programs has
awarded grant funding to the City of Brooklyn Center Police Department through the Intensive
Comprehensive Peace Officer Education & Training (ICPOET) program to support the
recruitment, training, and development of three new ICPOET cadet positions, thereby enhancing
law enforcement capacity within the community; and
WHEREAS, the City of Brooklyn Center acknowledges the importance of this grant in
addressing ongoing recruitment challenges, creating opportunities for qualified community
members to pursue careers in law enforcement, and fostering a diverse workforce reflective of the
community served; and
WHEREAS, the Brooklyn Center Police Department, under the leadership of Chief of Police
Garett Flesland, intends to implement this funding to support personnel wages, academic tuition, and
essential training resources for the ICPOET cadet positions; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations as
stated in the grant agreement; and
WHEREAS, the grant award amount is $150,000 with no matching requirement, covering
wages, fringe benefits, contracted services, program expenses, and office expenses as detailed in
the grant budget.
NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due
consideration, the governing body of the City:
1. Acceptance of Grant Funding: The City Council formally accepts the grant funding awarded
by the Minnesota Department of Public Safety Office of Justice Programs for three ICPOET
positions in the amount of $150,000.
2. Authorization to Execute Agreement: The City Council authorizes City Manager Dr. Reggie
Edwards and Chief of Police Garett Flesland to execute any agreements, amendments, or
other necessary documents related to the ICPOET grant funding on behalf of the City.
Date Mayor
ATTEST:
Assistant City Manager/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
C ouncil R egular M eeng
DAT E:11/25/2024
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:Krys-n Eldridge, A s s ociate P lanner
S U B J E C T:Res olu-on A ccep-ng Livable Communi-es D emons tra-on A ccount (L C DA ) F unding G rant
for New G enera-ons L L C - Veterans H ousing
Requested Council A con:
- Moon to approve a resoluon accepng Livable C ommunies D emonstraon A ccount (LC DA ) funding
grant from M etropolitan C ouncil.
B ackground:
O n November 13, 2024, Met Council granted New G enera-ons L L C w ith $1,500,000 and is expected to be
awarded it 9% L I H TC credits for s econd applica-on to M H FA in D ecember for the Veterans H ousing project
on 1500 69th Ave N.
The M etropolitan C ouncil is the regional policy-making body, planning agency, and provider of essen-al
s ervices in the seven-county Tw in Ci-es metro area. Through this work they'll generate economic growth,
build s tronger communi-es , enable land use and development. This funding from Metropolitan Council is
allocated each year and funding is highly compe--ve for real es tate development. Metropolitan Council's
Livable Communi-es G rants offers grant programs.
The L ivable Communies D emonstraon A ccount (L C DA ) s upports development and
redevelopment projects that link hous ing, jobs and s ervices and use community and regional
infras tructure efficiently.
L C DA – Transit O riented D evelopment (L C DA -TO D ) grants are focus ed on high density projects that
contribute to a mix of us es in the TO D -eligible area. TO D -eligible areas can be along light rail,
commuter rail, bus rapid transit, and high frequency bus corridors.
Pre-development grants are for teams who are defining or redefining a project that w ill s upport
Livable Communi-es and Thrive M S P 2040 goals.
The Policy D evelopment program provides funding to par-cipa-ng ci-es to s upport locally adopted
policies that influence physical development and further both L C A and Thrive M S P 2040 goals with
an emphas is on equitable development.
The Tax B ase Revitalizaon A ccount (TB R A ) helps clean up contaminated land and buildings for
s ubs equent development. These grants are intended to provide the greatest public benefit for the
money spent, strengthen the local tax base, and create and preserve jobs and/or affordable hous ing.
T B R A has three different funding opportuni-es : C ontamina-on Cleanup, S ite I nves -ga-on, and
S E E D.
The L ocal H ousing Incenves A ccount (L H I A ) helps expand and pres erve lifecycle and affordable
hous ing, both rented and ow ned.
The L H I A A ffordable H omeownership P ilot will provide grants to support affordable
homeow ners hip development, including acquis i-on and rehabilita-on.
A s previously pres ented, this is a mixed-us e 4 story residen-al/commercial development will have ground
floor commercial s pace that will serve our veterans. The C ommunity C orner ’s commercial space will be
composed of the following: 5,055 S F of commercial space for a workforce center that provides voca-onal
rehabilita-on services and career resources to the community and future res idents, 2,140 S F space for
youth programming, and 1,060 S F for a youth-lead coffee shop. New G enera-ons is partnering with
I nten-ons a 501c3 nonprofit organiz a-on w hos e mis s ion is to partner w ith the community to provide
quality programs for youth at and their families . The coffee shop & s pace for youth programming will be run
by I nten-ons , a local nonprofit.
This project is situated near the site of the civil unres t, highligh-ng a need for restora-on. New G enera-ons
L L C is in the final capital stacking phase and is working diligently with H ennepin County, S tate of Minnes ota
and M etropolitan C ouncil to bring the project into frui-on.
New G enera-ons L L C was previously awarded funds for this project for over $1,000,000 s how ing
con-nued s upport for the project. This round they requested $2,000,000 and were awarded $1,500,000.
B udget I ssues:
No budget issues to cons ider at this -me.
I nclusive C ommunity Engagement:
P roject w ill s upport B I P O C developers .
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Background Material 11/18/2024 Backup M aterial
Res olu-on 11/18/2024 Resolu-on LeLer
Member __________ introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2024-
RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR LIVABLE
COMMUNITIES ACT’S LIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT DEVELOPMENT FUNDING AUTHORIZING ACCEPTANCE OF
GRANT FUNDS FOR NEW GENERATIONS, LLC
WHEREAS the City of Brooklyn Center, Minnesota was a participant in the
Livable Communities Act’s (“LCA”) Local Housing Incentives Account Program for 2024 as
determined by the Metropolitan Council, and was therefore eligible to apply for Livable
Communities Demonstration Account (“LCDA”) funds; and
WHEREAS the City has identified proposed projects within the City that meets
LCDA purposes and criteria and is consistent with and promotes the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan
development guide; and
WHEREAS the City has supported grant applications, agreeing to act as legal
sponsor for the project, recognized by resolution on July 22nd, 2024; and,
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement; and
WHEREAS the City acknowledges LCDA grants are intended to fund projects or
project components that can serve as models, examples or prototypes for development or
redevelopment projects elsewhere in the region, and therefore represents that the proposed project
or key components of the proposed project can be replicated in other metropolitan-area
communities; and
WHEREAS only a limited amount of grant funding is available through the
Metropolitan Council’s LCA initiatives during each funding cycle and the Metropolitan Council
has determined it is appropriate to allocate those scarce grant funds only to eligible projects that
would not occur without the availability of LCA grant funding; and
WHEREAS the City’s supported project of ‘New Generations’ development was
awarded $1,500,000 in LCDA grant funds on November 13th, 2024; and
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and
due consideration, the governing body of the City: Finds that it is in the best interests of the City’s
development goals and priorities for the proposed projects to occur at these particular sites and at
this particular time:
1. Finds that the project components for which LCDA funding was awarded:
New Generations, LLC – Veterans Housing 1500 69th Ave N
a. Will not occur solely through private or other public investment within the
reasonably foreseeable future; and
b. Will occur within the term of the grant award two years for Development
grants) expiring December 31st, 2027.
2. Authorizes its City Manager to accept awarded funds on behalf of the City for the
application for the 2024 funding cycle for Metropolitan Council Livable
Communities Demonstration Account (LCDA) grant funds, for the project
components identified in the applications, and to execute such agreements as may be
necessary to implement the project on behalf of the City.
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:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, P ublic Works D irector
BY:Lydia Ener, P.E., A ssistant City Engineer
S U B J E C T:Res olu2on D eclaring Costs to be A s s essed and C alling for a P ublic H earing on P ropos ed
S pecial A sses s ments for I mprovement P roject No. 2025-02, 67th Avenue and James
Avenue M ill & O verlay
Requested Council A con:
- M oon to approve a r esoluon declar ing costs to be assessed and calling for a public hearing on proposed
special assessments for I mprovement P roject No. 2025-02, 67th Avenue and James Avenue M ill & Overlay.
B ackground:
The 67th Avenue and James Av enue M ill & O verlay is iden2 fied in the Capital I mpr ovement P r ogr am (C I P ),
and is slated for improvements during the 2025 construc2on s eas on. The a@ached feas ibility report
provides a s ummary of the proj ect evalua2 on proces s and pr eliminar y s tr eet and u2 lity improv ements . O n
S eptember 2 3 , 2 0 2 4 , the C ity C ouncil received the project feas ibility report and an improv ement public
hearing w as conducted on O ctober 28, 2024, to cons ider these improvements .
The a@ached res olu2on declares cer tain pr oject costs to be as s essed for the 67th Avenue and J ames
Avenue Mill & O verlay and calls for a public hear ing on the propos ed s pecial as s es s ments on J anuar y 13,
2025.
The purpose of holding the special as s es s ment hear ing prior to beginning the pr oject is to as s ur e that any
objec2ons to or appeals of the as s es s ments ar e know n prior to enter ing into a cons truc2 on contract or
is s uing bonds to finance the as s es s ed por 2on of the project. The establis hed as s essment r ate w ould s et the
maximum levy amounts , guaranteeing property ow ners of the final cost they w ill pay for the pr oject. S pecial
asses s ments for this project have been calculated in accordance w ith the C ity ’s S pecial A s s essment Policy.
B udget I ssues:
The total pr oject cos t for the 6 7 th Av enue and J ames Avenue M ill & O verlay is es 2mated to be $790,000.
F unding s ources for the proj ect are pr opos ed from a variety of s ources as described in the feas ibility report.
The D raG S pecial A s s es s ment Levy Roll for I mpr ovement P roject N o. 2025-02 is included in A ppendix A of
the feasibility report. The project funding sources, as des cribed in the S eptember 23, 2024 Feas ibility
Report, are currently es2mated to be:
Special Assessments $ 379,980.46
Sanitary Sewer U 2lity Fund $ 30,000.00
Water U 2lity Fund $ 90,000.00
Storm Drainage U 2lity Fund $ 110,000.00
Street Reconstruc2on Fund $ 180,019.54
Total $ 790,000.00
I nclusive C ommunity Engagement:
A n open hous e w as held for the adjacent proper2 es and property ow ners on A ugus t 29, 2024. D ue to the
commercial and indus trial property uses , the mee2ng w as held midday over the typical lunch hour s rather
than in the ev ening, to promote a@endance of the commer cial proper2 es. S ix proper2 es provided
res pons es, w ith five a@ending in per s on, repres en2ng fiv e pr oper 2es of the eleven adjacent to the project.
Each a@endee was able to dis cus s how the pr oject would impact their busines s and acces s , as well as voice
any concer ns that could be addres s ed w ith the project. The maj ority of ques2ons as ked related to truck
parking, access for shipments dur ing cons truc2 on, and the asses s ment proces s . A ll a@endees seemed
s a2s fied w ith hav ing their ques 2ons ans w er ed, and many expr es s ed intertest in personal follow -up w hen
cons truc2on begins .
A n I mprovement P ublic H earing was held on O ctober 28, 2024 to receive public comments pertaining to
the propos ed improvements, no comments were received at this hearing.
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Maintain and enhance public places
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 11/18/2024 Resolu2on Le@er
A sses s ment Roll 11/18/2024 Exhibit
A sses s ment Map 11/18/2024 Exhibit
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO._______________
RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING FOR
A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR
IMPROVEMENT PROJECT NO. 2025-02, 67TH AVENUE AND JAMES
AVENUE MILL & OVERLAY
WHEREAS, the Brooklyn Center City Council on September 23, 2024, accepted
the feasibility report for street, storm drainage and utility improvements in the area generally
described as “67th and James Mill and Overlay”, more specifically described as follows: 67th
Avenue N from Shingle Creek Parkway to the east cul-de-sac, and James Avenue N from Freeway
Boulevard to 67th Avenue N.; and
WHEREAS, the total cost of the street improvement portion of said project is
estimated to be $560,000.00; and
WHEREAS, the City Clerk and City Engineer have prepared a proposed
assessment roll showing the proposed amount to be specifically assessed for such improvement
against every assessable lot, piece, or parcel of land within the district affected, without regard to
cash valuation, as provided by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. That portion of the cost to be assessed against benefited property owners for
street improvements included in City Improvement Project No. 2025-02 is
declared to be $379,980.46.
2. Notice is hereby given that a public hearing will be held on the 13th day of
January, 2025, at 7:00 p.m. or as soon thereafter as part of the regular City
Council meeting as the matter may be heard to pass upon said assessment and
at such time and place all persons owning property affected by said
improvements will be given the opportunity to be heard with reference to said
assessment.
3. The City Clerk is directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks
prior to the hearing, and shall state in the notice the total cost of the
improvement.
4. The City Clerk shall cause mailed notice to be given to the owner of each parcel
described in the assessment roll not less than two weeks prior to the hearing.
RESOLUTION NO. _______________
November 25, 2024
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
ZONING (SF) (SF)
3511921110012 1600 67th Avenue North 26001 66,888.23$
MX-B (A) 61,450.00 (B) 308,578.00
3511921110013 1700 67th Avenue North 26001 38,407.76$
MX-B (A) 67,215.00 (B) 102,692.00
3511921140014 1601 67th Avenue North 26001 18,220.67$
MX-B (A) 12,031.00 (B) 95,043.00
3511921140002 22 Address Unassigned 26001 17,889.30$
MX-B (A) 51,808.00 (B)
3511921140008 1800 Freeway Boulevard 26001 41,698.92$
MX-B (A) 116,264.00 (B) 10,493.00
3511921140016 1700 Freeway Boulevard 26001 25,128.72$
MX-B (A) 69,002.00 (B) 8,799.50
3511921140003 6530 James Avenue North 26001 60,469.43$
MX-B (A) 96,612.00 (B) 183,171.00
3511921140005 6645 James Avenue North 26001 20,873.39$
MX-B (A) 60,450.00 (B)
3511921140006 6660 Shingle Creek Parkway 26001 14,254.99$
MX-B (A) 39,307.00 (B) 4,610.00
3511921120015 6800 Shingle Creek Parkway 26001 61,355.75$
MX-B (A) 53,038.00 (B) 290,822.50
3511921140007 6540 Shingle Creek Parkway 26001 14,793.31$
MX-B (A) 40,000.00 (B) 6,630.50
Total Assessments 379,980.46$
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 23, 2024
2025 67TH AND JAMES MILL AND OVERLAY PROJECT
IMPROVEMENT PROJECT NO. 2025-02
NOTES
PROPERTY ID HOUSE STREET NAME LEVY# STREET
1
69TH AVE N
H
U
M
B
O
L
D
T
A
V
E
N
FREEWAY BLVD
S
H
I
N
G
L
E
C
R
E
E
K
P
K
W
Y
JAMES AVE N
67TH AVE N
I
R
V
I
N
G
P
L
6800
1600
1800
6530
1700
1700
160122
6540
6660
6645
Assessment Map 67th Avenue and James Avenue Improvement Project Ü9/10/2024
Legend
Proposed Business Mixed Use Assessment (Acreage Based)
C ouncil R egular M eeng
DAT E:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, P ublic Works D irector
BY:Lydia Ener, P.E., A ssistant City Engineer
S U B J E C T:Res olu2on Establis hing I nterest Rate for 2025 S pecial A sses s ments
Requested Council A con:
- Moon to approve a resoluon establishing interest rate for 2025 special assessments.
B ackground:
Each year the C ity Council s ets an interes t rate for special as s es s ments lev ied against proper2 es based on
the C ity ’s S pecial A s s es s ment and I nternal L oan I nterest Rate Policy. T he obj ec2 ve of this policy is to
establis h an equitable interes t rate that w ill not unfairly bur den the property ow ner yet recov er the cos t of
borrow ing from outside s ources , r ecov er the cos t of adminis ter ing the special as s essments, and pr otect the
City from the possibility that s pecial as s essment pr epayments might impair the City ’s ability to serv ice the
bonds .
City C ouncil policy has been to es tablis h the s pecial as s essment inter es t rate by calcula2 ng the s um of the
interest rate for the most recent gener al obliga2on bond, adding tw o percent to cover the overhead costs
described above and rounding to the neares t one-half percent in accordance with the policy. The most
recent improv ement bond sale by the C ity of Brookly n C enter was a G eneral O bliga2on I mprov ement Bond
at 5.0 percent which results in a s pecial asses s ment interest rate of 7.0 percent for 2025.
B udget I ssues:
N A
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Maintain and enhance public places
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 11/18/2024 Resolu2on Le>er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ESTABLISHING INTEREST RATE FOR 2025 SPECIAL
ASSESSMENTS
WHEREAS, the City Council levies special assessments for certain street and
utility projects, delinquent utility bills, and other services provided to property owners that go
unpaid; and
WHEREAS, amounts outstanding are certified to Hennepin County for collection
with property taxes; and
WHEREAS, by City Council policy, interest is to be charged on outstanding
amounts certified to Hennepin County for collection with property taxes; and
WHEREAS, the interest rate to be charged is two percent over the net interest rate
for the most recent City General Obligation bond sale rounded up to the next one-half percent;
and
WHEREAS, the most recent General Obligation Improvement Bond sale resulted
in a net interest rate of 5.0 percent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for
the year 2025 is hereby established at 7.0 percent.
November 25, 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:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, P ublic Works D irector
BY:Lydia Ener, P.E., A ssistant City Engineer
S U B J E C T:Res olu2on Establis hing 2025 S treet and S torm D rainage S pecial A sses s ment Rates
Requested Council A con:
- M oon to approve a resoluon establishing the 2 0 2 5 str eet and stor m drainage special assessment rates
for street and ulity improvement projects.
B ackground:
Each year the City C ouncil es tablishes as s essment rates for R1, R2, and R3 res iden2al z oned proper2es
based on the C ity ’s S pecial A s s es s ment Policy. W ithin thes e z oning dis tricts, the asses s ment rate for s treet
and storm drainage improvements is based on a unit amount that applies to all single-family res iden2al
proper2es. T he unit amount r epr es ents a specific por2 on of the average cost for r econs tr uc2ng a typical
res iden2al street and s torm drainage s y s tem. S treet as s es s ments for non-residen2al and R4 to R7
res iden2al proper2es are computed separately for each project.
S pecial as s essment rates are typically adj us ted each year to reflect normal infla2onary increas es in
cons truc2on costs. The City ’s S pecial A s s es s ment Policy indicates that “the unit asses s ment s hall be
adjus ted annually to reflect cos t of liv ing incr eas es as measured by the C ons truc2 on I ndex” (C ity Council
Code of Policies S ec2on I I – 2.10.2.B.1.a.2). The Engineering New s Record (E N R) C ons truc2on C os t I ndex
has experienced an average annual percent change for 2024 of 3.9 percent, as shown in the table below.
Year 2017 2018 2019 2020 2021 2022 2 0 2 3 2024*
12-mo avg.
annual %
change
3.5 5.3 0.9 1.0 4.6 3.1 1.2 3.9
S ource: E N R w ebsite,
Note: * 12-month average November 2023 – O ctober 2024
Bas ed on the 2 0 2 4 informa2 on above, staff recommends adjus 2 ng the s pecial as s essment rates by an
increase of 3.9 percent for 2025, w hich w ill be an increas e of $2 6 0 from the 2024 total as s es s ment amount
for full street and storm r econs tr uc2on pr ojects . This rate should con2 nue to maintain the por 2on of s treet
and s tor m drainage cos ts that ar e as s es s ed at approximately 33 percent of the total cos t for s treet and
s torm drainage improv ements . The City C ouncil has his torically tar geted 33 percent as the por2on of s treet
and storm drainage improvements that are asses s ed to adjoining R1, R2, and R3 res iden2al proper2es .
B udget I ssues:
The table below shows the propos ed 2025 s pecial asses s ment rates for R 1 s ingle-family res iden2 al lots. The
aLached res olu2on provides the corresponding adjustments for R2 and R3 z oned proper2es based on the
proposed unit asses s ment rates.
P roject Type 2 0 2 5 S treet I mprovements R1
A sses s ment Rates
2025 S torm D rainage
I mprovements R1 A sses s ment
Rates
F ull S treet Reconstruc2on $5,338.00 $1,601.00
Par2al S treet Reconstruc2on
(full pavement replacement)$4,002.00 N A
Pavement Rehabilita2on
(mill and overlay)$1,764.00 N A
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Maintain and enhance public places
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 11/18/2024 Resolu2on LeLer
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ESTABLISHING 2025 STREET AND STORM DRAINAGE
SPECIAL ASSESSMENT RATES
WHEREAS, the residential assessment rates for street and storm drainage
improvements are annually reviewed and approved by the City Council; and
WHEREAS, the residential assessment rates should be adjusted annually to be
effective January 1; and
WHEREAS, the 2025 street and storm drainage assessment rates for R1, R2 and
R3 zoned districts are based on a specific proportion of approximately 33 percent of the average
cost for street and storm drainage improvements; and
WHEREAS, the R4, R5, R6 and R7 zoned districts will continue to be assessed
based on an evaluation of project cost and project benefit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The residential street and storm drainage special assessment rates for street
reconstruction and pavement rehabilitation shall apply to properties in R1,
R2 or R3 zoned districts. These rates shall also be applied to parcels of
property in other land use zones when such parcels (a) are being used as
one-family or two-family residential sites at the time the assessment roll is
levied; and (b) could not be subdivided under the then-existing
Subdivision Ordinance.
2. The residential assessment rates for street and storm drainage
reconstruction effective January 1, 2025, shall be as follows:
Land Use 2025 Assessment Rates
R1 zoned, used as one-family $5,338.00 per lot (street)
site that cannot be subdivided $1,601.00 per lot (storm drainage)
R2 zoned, or used as a two-family $71.1733 per front foot with a
site that cannot be subdivided $5,338.00 per lot minimum (street)
$21.3467 per front foot with a
$1,601.00 per lot minimum (storm drainage)
RESOLUTION NO. _______________
Land Use 2025 Assessment Rates
R3 zoned (per unit) Assessable frontage x $71.1733 (street)
Number of residential units
Assessable frontage x $21.3467 (storm)
Number of residential units
3. The residential assessment rates for partial street reconstruction effective
January 1, 2025, shall be as follows:
Land Use 2025 Assessment Rates
R1 zoned, used as one-family $4,002.00 per lot (street)
site that cannot be subdivided
R2 zoned, or used as a two-family $53.3600 per front foot with a
site that cannot be subdivided $4,002.00 per lot minimum (street)
R3 zoned (per unit) Assessable frontage x $53.3600 (street)
Number of residential units
4. The residential assessment rates for pavement rehabilitation effective
January 1, 2025, shall be as follows:
Land Use 2025 Assessment Rates
R1 zoned, used as one-family $1,764.00 per lot (street)
site that cannot be subdivided
R2 zoned, or used as a two-family $23.5200 per front foot with a
site that cannot be subdivided $1,764.00 per lot minimum (street)
R3 zoned (per unit) Assessable frontage x $23.5200 (street)
Number of residential units
5. The residential assessment rates for street and storm drainage
reconstruction and pavement rehabilitation shall not apply to R4, R5, R6
or R7 zoned districts. The assessment rates for street reconstruction and
pavement rehabilitation for R4, R5, R6 or R7 zoned property shall be
based on an evaluation of the project cost and project benefit for each
project.
RESOLUTION NO. _______________
November 25, 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:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, P ublic Works D irector
BY:Lydia Ener, P.E., A ssistant City Engineer
S U B J E C T:Res olu2on A ccep2ng Bids and A w arding a Contract, I mprovement P roject No. 2024-06
2024 Pond 48-001 M aintenance P roject
Requested Council A con:
- Moon to approve the resoluon accepng the low est responsible bid and aw ar d a contr act to New L ook
C ontracng, I nc. for I mprovement P roject No. 2024-06 2024 Pond 48-001 M aintenance P roject.
B ackground:
Bids for the I mprovement P roject N o. 2 0 2 4 -0 6 2024 Pond 48-001 M aintenance P roj ect w er e receiv ed and
opened on O ctober 30, 2024. The bidding res ults are tabulated below:
Bidder Total Base Bid
N ew Look Contracng, Inc. $122,286.00
Peters on Companies $157,916.57
Veit & Company, I nc. $174,970.25
Kurilla C ontrac2ng $195,439.40
Rachel Contrac2ng, L L C $229,843.00
M eyer Contrac2ng, I nc. $265,430.45
Park Construc2on C ompany $305,375.43
O f the seven (7) bids r eceived, the low es t bid of $122,2 8 6 .00 w as s ubmiEed by N ew L ook C ontrac2ng, I nc.
of Rogers , M innes ota. New L ook C ontr ac2 ng, I nc. has the experience, equipment, and capacity to qualify as
the lowes t res pons ible bidder for the project.
B udget I ssues:
The bid amount of $122,286.00, for the Bas e Bid, is w ithin the budgeted amount. T he total es2mated
budget including cons truc2on, con2 ngencies , administra2 on, engineer ing, and legal is $3 2 5 ,567. (see
aEached Res olu2on – Costs and Revenues tables ).
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Maintain and enhance public places
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 11/18/2024 Resolu2on LeEer
Bid S ummary 11/18/2024 Exhibit
L eEer of Recommenda2on 11/18/2024 Exhibit
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACCEPTING BID AND AWARDING A CONTRA CT,
IMPROVEMENT PROJECT NO. 2024-06 2024 POND 48-001 MAINTENANCE
PROJECT
WHEREAS, pursuant to an advertisement for bids for Improvement Project No.
2024-06 2024 Pond 48-001 Maintenance Project, bids were received, opened and tabulated on
the 30th day of October, 2024. Said bids were as follows:
Bidder Total Base Bid
New Look Contracting, Inc. $122,286.00
Peterson Companies $157,916.57
Veit & Company, Inc. $174,970.25
Kurilla Contracting $195,439.40
Rachel Contracting, LLC $229,843.00
Meyer Contracting, Inc. $265,430.45
Park Construction Company $305,375.43
WHEREAS, it appears that New Look Contracting, Inc. of Rogers, Minnesota is
the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The Mayor and City Manager are hereby authorized and directed to enter
into a contract with New Look Contracting, Inc. of Rogers, Minnesota in
the name of the City of Brooklyn Center, for Improvement Project No.
2024-06 2024 Pond 48-001 Maintenance Project, according to the plans and
specifications therefore approved by the City Council and on file in the
office of the City Engineer.
RESOLUTION NO. _______________
2. The estimated project costs and revenues are as follows:
Amended Amended
COSTS Estimate per Low Bid
Contract $ 156,625.60 $ 122,286.00
Contingency $ 15,662.56 $ 50,002.16
Subtotal Construction Cost $ 172,288.16 $ 172,288.16
Admin/Legal/Engr. $ 153,278.84 $ 153,278.84
Total Estimated Project Cost $ 325,567.00 $ 325,567.00
Amended Amended
REVENUES Estimate per Low Bid
Street Assessment --- ---
Sanitary Sewer Utility --- ---
Water Utility Fund --- ---
Storm Drainage Utility Fund $ 325,567.00 $ 325,567.00
Street Reconstruction Fund --- ---
Total Estimated Revenue $ 325,567.00 $ 325,567.00
November 25, 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.
PROJECT:
OWNER:
City of Brooklyn Center, MN
City Project No. 2024-06
WSB PROJECT NO.:
025432-000
Bids Opened: Wednesday, October 30, 2024 @ 10:00 am
Contractor Bid Security (5%) Total Bid
1 New Look Contracting, Inc.X $122,286.00
2 Peterson Companies X $157,916.57
3 Veit & Company, Inc.X $174,970.25
4 Kurilla Contracting X $195,439.40
5 Rachel Contracting, LLC X $229,843.00
6 Meyer Contracting, Inc.X $265,430.45
7 Park Construction Company X $305,375.43
Engineer's Opinion of Cost $156,625.60
Denotes corrected figure
Jake Newhall, PE
BID TABULATION SUMMARY
I hereby certify that this is a true and correct tabulation of the bids as received on October 30, 2024.
2024 Pond 48-001 Maintenance Project
C:\ACC\ACCDocs\WSB\025432-000\Project Files\Admin\Construction Admin\Bidding\025432-000 Bid Summary 103024
C:\ACC\ACCDocs\WSB\025432-000\Project Files\Admin\Construction Admin\Bidding\025432-000 LOR 10302.docx
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O
M
October 30, 2024
Honorable Mayor and City Council
City of Brooklyn Center
6301 Shingle Creek Pkwy
Brooklyn Center, MN 55430-2199
Re: 2024 Pond 48-001 Maintenance Project
City of Brooklyn Center Project No. 2024-06
WSB Project No. 025432-000
Dear Mayor and Council Members:
Bids were received for the above-referenced project on Wednesday, October 30, 2024, and were
opened and read aloud. Seven bids were received. The bids were checked for mathematical
accuracy. Please find enclosed the bid summary indicating the low bid as submitted by New
Look Contracting, Inc., Rogers, Minnesota in the amount of $122,286.00. The Engineer’s
Estimate was $156,625.60.
We recommend that the City Council consider these bids and award a contract in the amount of
$122,286.00 to New Look Contracting, Inc. based on the results of the bids received.
Sincerely,
WSB
Jake Newhall, PE
Director, Water Resources
Attachments
kkp
C ouncil R egular M eeng
DAT E:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, P ublic Works D irector
BY:Lydia Ener, P.E., A ssistant City Engineer
S U B J E C T:Res olu2on A mending S pecial A s s essment L evy Roll No. 25001 to P rovide for the D eferral
of S pecial A sses s ments
Requested Council A con:
- M oon to approve the r esoluon amending S pecial A ssessment L evy Roll No. 25001 to pr ovide for the
deferral of special assessments.
B ackground:
O n D ecember 11, 2023, the C ity Council by Resolu2 on 2 0 2 3 -1 1 9 , appr oved S pecial A s s essment L evy Roll
No. 25001 for the O rchard L ane Eas t A r ea I mprov ement P r oject, P roj ect N o. 2 0 2 4 -0 1 . The a<ached
res olu2on amends the res pec2 ve levy r olls to provide for the defer ral of special asses s ments on a property
w here the qualifying person is eligible becaus e they are at least 65 years of age or older, or permanently
dis abled and whose hous ehold meets certain financial limita2ons .
The City of Brooklyn C enter calculates and lev ies special as s essments in accor dance w ith S ec2on 2.1 0 of the
City C ouncil C ode of Policies . This document outlines the proces s and procedures w ithin the C ity ’s S pecial
A s s essment Policy for funding of public improvement projects . S ubs ec2on 4 of the S pecial A s s essment
Policy pr ovides for a program to defer a por 2on of the special as s es s ments for qualify ing pers ons under the
provis ions of Minnes ota S tatutes 435.193 through 435.195.
The City received two applica2ons for deferral of special asses s ments that met the required standards to
qualify under the C ity S pecial A sses s ment Policy standards . Those proper2es are:
4606 64th Ave N, Brooklyn C enter (P I D 34-119-21-32-0025)
6431 O rchard Ave N, Brooklyn C enter (P I D 33-119-21-41-0033)
The applicants provided income tax documenta2on mee2ng “very low income” limits es tablished by H U D.
B udget I ssues:
The propos ed special as s essment defer rals for s aid proper2es totals $7,7 0 4 .00 ($3,8 5 2 per property ). The
amount to be cer2 fied for said proper2 es totals $3 ,723.7 3 . The total amount of s pecial as s essments
previously lev ied was $1 ,438,7 5 3 .37. The net r educ2 on in short-term proj ect r ev enue of les s than one
percent due to the pr opos ed deferment does not create a s ubs tan2al funding concern bas ed on an analysis
of the project cos ts to date.
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Maintain and enhance public places
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 11/18/2024 Resolu2on Le<er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _____________
RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 21001
AND 21002 TO PROVIDE FOR THE DEFERRAL OF SPECIAL ASSESSMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the City Council
has met, heard and passed upon all objections to the proposed Special Assessment Levy Roll No.
25001 for the Orchard Lane East Area Improvement Project, Project No. 2024-01;
WHEREAS, Special Assessment Levy Roll No. 25001 were approved by the City
Council on December 11, 2023; and
WHEREAS, the City Council has established a program to defer a portion of the
special assessments of qualifying persons who are at least 65 years of age or older or who are retired
due to permanent and total disability whose households meet certain financial limitations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the following property is eligible to defer a portion of their special assessment
for Improvement Project No. 2024-01, therefore amending Special Assessment Levy Roll No. 25001
as noted below.
Special Assessment Levy Roll No. 25001 is hereby amended to reduce the previous amount of
$3,852.00 from the following assessments to the new amount as noted:
PID No. Address Levy Amount Deferred Amount Interest Rate (%)
34-119-21-32-0025 4606 64th Ave N $1,733.33 $2,118.67 5.5
33-119-21-41-0033 6431 Orchard Ave N $1,990.40 $1,861.60 5.5
November 25, 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:11/25/2024
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:Krys-n Eldridge, A s s ociate P lanner
S U B J E C T:Res olu-on A ccep-ng Livable Communi-es D emons tra-on A ccount Trans it O riented
D evelopment (L C DA -TO D ) F unding G rant for O pportunity S ite P hase 1 P ublic
I nfras tructure
Requested Council A con:
- Moon to approve a resoluon accepng Livable C ommunies D emonstraon A ccount Transit Oriented
D evelopment funding grant from Metropolitan C ouncil.
B ackground:
S ince 2019, City s taff have been working w ith A latus L L C and their development partners on build out of
P has e 1 of the O pportunity S ite. The propos ed 15-acre mixed us e development is to include mixed income
hous ing, a small busines s incubator, and a conference center w ith associated service retail.
P has e 1 will als o include the delivery of public infrastructure cri-cal to the immediate, and long-term
buildout of the broader 80-acre O pportunity S ite. P has e 1 public infrastructure encompasses a new
approximately 1800’ mul-modal roadway segment with quality streets caping, connec-ng S hingle Creek
Cros s ing to J ohn Mar-n D rive, and a regional stormwater pond s ystem to provide the required stormwater
management for approximately 60% of the O pportunity S ite, and the en-rety of the P hase 1 development
s ite.
W ithout these public infras tructure elements, the community-derived vision of both P hase 1 and the
O pportunity S ite becomes effec-vely infeasible.
A n-cipated funding for P hase 1 includes a mix of private financing, T I F financing, a collec-on of grants from
H ennepin C ounty and the M etropolitan C ouncil, and other external s ources . I n effort to secure project
funding while reducing the fis cal burden to the City of Brooklyn Center, C ity staff and the A latus
development team regularly s eek out eligible grant programs to s upport the P has e 1 development project
and its public infrastructure.
The Trans it O riented D evelopment (TO D ) program w as created to fund construc-on of moderate- to
higher-density projects in walkable and trans it-supported environments , in an effort to support more
equitable, livable communi-es in the region. The program is run out of the Metropolitan Council’s L ivable
Communi-es G rant P rogram.
The TO D grant program appropriates funds to local governments for cons truc-on of development, and
s uppor-ve infras tructure, that promotes diverse mix of uses w ithin dense w alkable environments, w ithin
areas that are s erviced by transit. economic development, increase employment, and improve
trans porta-on sys tems to facilitate private investment and job crea-on.
A w arded projects must be located w ithin the Tw in Ci-es M etro, and meet TO D program goals of:
S upport dens e, diverse developments that emphasize pedes trian ac-vity, mul-modal trans porta-on,
and increas ed transit riders hip
Create more hous ing choices through introducing new housing types or preserving affordable
hous ing;
Contribute to an economically prosperous and equitable region by crea-ng living w age jobs and
economic opportunity
Mi-ga-ng climate change through s us tainable site design and building prac-ces
Maximize connec-ons between housing, jobs , services, trans it and regional ameni-es like parks ,
trails , and cultural centers
A dvance racial equity by increas ing access and opportunity for under-repres ented communi-es and
his torically marginaliz ed popula-ons
The 2024 program cycle had up to $5.5 million funding available, w ith a maximum aw ard limit of $2 million
per city. A pplicant projects mus t be located within the Twin C i-es Metro, and project cons truc-on must
begin w ithin the 36-month grant period.
The O pportunity S ite project team iden-fied the new P hase 1 public mul-modal roadw ay as being a very
compe--ve applica-on for the 2024 TO D grant program. City s taff s ubmiHed a $2 million funding
applica-on reques t for construc-on related costs of the roadw ay in A ugust 2024.
The purpos e of this ac-on is to accept $2 million awarded by M etropolitan C ouncil and enter into a grant
agreement expiring D ecember 31, 2027.
B udget I ssues:
I nclusive C ommunity Engagement:
This item w ill s upport the community-driven development vis ion of the O pportunity S ite, allow ing for
ongoing alignment w ith intended development goals.
A nracist/Equity Policy Effect:
The M etropolitan C ouncil has developed new s coring criteria, which heavily focuses on equity and an--
racis t outcomes for projects w hich are to receive funding. Criteria includes demons trated outreach to
impacted and underrepres ented communi-es , iden-fica-on of specific res iden-al and/or w orkforce
development community needs addressed by the project, project teams w hich reflect and are responsive to
thos e mos t impacted by the project. Thes e projects are likely to score well in these criteria rela-ve to others
they w ill compete agains t.
S trategic Priories and Values:
Maintain and enhance public places, S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Background Material 11/18/2024 Backup M aterial
Res olu-on 11/18/2024 Resolu-on LeHer
Member __________ introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2024-
RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR LIVABLE
COMMUNITIES ACT’S LIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT DEVELOPMENT TRANSIT ORIENTED DEVELOPMNET
FUNDING AUTHORIZING ACCEPTANCE OF GRANT FUNDS
WHEREAS the City of Brooklyn Center, Minnesota was a participant in the
Livable Communities Act’s (“LCA”) Local Housing Incentives Account Program for 2024 as
determined by the Metropolitan Council, and was therefore eligible to apply for Livable
Communities Demonstration Account (“LCDA”) Transit Oriented Development (TOD) funds;
and
WHEREAS the City has identified proposed projects within the City that meets
LCDA-TOD purposes and criteria and is consistent with and promotes the purposes of the
Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted
metropolitan development guide; and
WHEREAS the City has supported grant applications, agreeing to act as legal
sponsor for the project, recognized by resolution on June 24, 2024; and,
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement; and
WHEREAS the City acknowledges LCDA-TOD grants are intended to fund
projects or project components that can serve as models, examples or prototypes for development
or redevelopment projects elsewhere in the region, and therefore represents that the proposed
project or key components of the proposed project can be replicated in other metropolitan-area
communities; and
WHEREAS only a limited amount of grant funding is available through the
Metropolitan Council’s LCA initiatives during each funding cycle and the Metropolitan Council
has determined it is appropriate to allocate those scarce grant funds only to eligible projects that
would not occur without the availability of LCA grant funding; and
WHEREAS the City’s supported project of ‘Opportunity Site Phase 1 Public
Infrastructure’ development was awarded $2,000,000 in LCDA-TOD grant funds on November
13th, 2024; and
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and
due consideration, the governing body of the City: Finds that it is in the best interests of the City’s
development goals and priorities for the proposed projects to occur at these particular sites and at
this particular time:
1. Finds that the project components for which LCDA funding was awarded:
Opportunity Site Phase 1 Public Infrastructure
a. Will not occur solely through private or other public investment within the
reasonably foreseeable future; and
b. Will occur within the term of the grant award two years for Development
grants) expiring December 31st, 2027.
2. Authorizes its City Manager to accept awarded funds on behalf of the City for the
application for the 2024 funding cycle for Metropolitan Council Livable
Communities Demonstration Account (LCDA-TOD) grant funds, for the project
components identified in the applications, and to execute such agreements as may be
necessary to implement the project on behalf of the City.
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:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, P ublic Works D irector
BY:A hmed O mer, P.E., City Engineer
S U B J E C T:Res olu1on A pproving Joint Powers A greements for the C on1nued O pera1on of the
S hingle C reek and West M is s is s ippi Waters hed M anagement Commissions
Requested Council A con:
- M oon to approve a resoluon approving Joint Pow er s A greements for the connued oper aon of the
S hingle C reek and West M ississippi Watershed M anagement C ommissions.
B ackground:
The enclosed S hingle Creek and Wes t M is s is s ippi Watershed M anagement C ommis s ion J oint Powers
A greements ar e pres ented for cons idera1on and ac1 on by the C ity Council to con1 nue the City ’s
par1cipa1on in these w atershed management organiza1ons along w ith the other ci1es w ith land in the two
w atersheds .
S ince the early 1 9 8 0 ’s , ci1 es in the metropolitan area have been required to manage s urface water in
accordance w ith the Metropolitan Water Management P rogram set out in M innesota S tatutes , sec1ons
103 B.201 through 103 B.253 (“A ct”). To addres s that requirement, the C ity, together with the other ci1 es in
the w atershed, adopted a joint powers agreement in 1 9 8 4 to for m the Watershed Management
Commission. The Waters hed M anagement C ommis s ion cons 1 tutes a joint pow ers waters hed management
organiza1on under Minnes ota S tatutes, sec1on 103 B.211 and is authoriz ed to carry out the du1es under
the A ct.
The Waters hed Management Commissions hav e dev eloped and adopted w aters hed management plans and
assisted w ith funding water quality and flood contr ol projects throughout the w atersheds . A ddi1onal
informa1on on the Water s hed Management C ommis s ions and their w ork is pr ovided in the enclos ed
background s heet.
The joint pow ers agreements have been amended and renewed s ince their or iginal adop1 on, w ith the
current agreements expir ing on D ecember 3 1 , 2024. The text of the joint pow ers agreements has not been
s ubs tan1ally updated s ince the original adop1on in 1 9 8 4 , w hen the par1 es could only s peculate about how
these newly created water s hed management or ganiz a1 ons would operate. A lot has been learned s ince
then.
The Watershed Management C ommis s ions now hav e decades of opera1onal experience and a long history
of succes s ful water projects. The updated j oint pow er s agreements beAer reflect how the Waters hed
Management Commissions actually operate, removes s ome of the his toric language that is no longer
needed, and addres s es the current requirements in the s tatutes and rules.
W hile the wording was substan1ally updated to create the current agreement, there w er e rela1 vely few
s ubs tan1ve changes. The primary changes from the previous agreements are:
The C ommis s ion may pay the registra1 on fee (only ) for Commissioners to aAend in-s tate educa1onal
conferences . The Commission does not pay Commissioners and does not otherwise reimburse their
expens es.
The list of Commission powers w as rev is ed to r emove one that authorized the Commission to order
ci1es to perform certain w ater related maintenance ac1v i1es and another that allowed the
Commission to order ci1es to construct certain drainage projects or improvements. The
Commission’s authority to undertake proj ects on its ow n w as also clarified in the agreement, along
w ith a beAer explana1 on of non-C I P and C I P projects specifying w hich types of proj ects may only be
undertaken by a member city and which types may be approved and contracted by the C ommis s ion.
The term of the agreement is 20 years. The original agreement had a 20-year term, w hich w as then
extended by 1 0 years when other amendments were adopted. The agreement was then extended for
an addi1onal 10 years . The C ommis s ion considered recommending a 30-year term for this renewal,
but s eAled on a 20-year term as the appropr iate balance betw een w an1ng to limit the cos ts and effort
to update and obtain renew ed approv als and providing a r eas onable opportunity for all member s to
review and make updates as needed.
The dispute res olu1on process was changed from arbitra1on to media1on.
The financial protec1ons and contribu1 on caps the member ci1es amended into the agreement in 2004
remain in the agreement. There were no changes to the appointment of C ommis s ioners , alter nates , or their
vo1ng authority.
A s w ith any joint powers agreement, all member ci1es need to adopt the s ame agreement language. The
Commission, and its Technical A dv is ory Commission made up of city s taff, spent s everal mee1 ngs and a
w ork s ession discussing the updates to the agr eement and, on J uly 11, 2024, the C ommis s ion voted to
forward the enclos ed joint pow ers agr eement to the member ci1 es w ith a recommenda1on that it be
adopted. The joint powers agreement is now before the City Council for cons idera1on and approval.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Maintain and enhance public places
AT TA C H M E N TS :
D escrip1on U pload D ate Type
Res olu1on 11/18/2024 Resolu1on LeAer
S hingle C reek Joint Powers A greement 11/18/2024 Exhibit
West M is s is s ippi Joint Powers A greement 11/18/2024 Exhibit
Watershed Background O ne Pager 11/18/2024 Backup M aterial
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING JOINT POWERS AGREEMENTS FOR THE
CONTINUED OPERATION OF THE SHINGLE CREEK AND WEST
MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS
WHEREAS, the City has been a member of the Shingle Creek and West Mississippi
Watershed Management Commissions (“Watershed Management Commission”) since their
establishment in 1984; and
WHEREAS, the City is a member of two Watershed Management Commissions
to address its obligation under Minnesota Statutes, sections 103B.201 through 103B.253 to
manage surface water within the watershed; and
WHEREAS, the current joint powers agreements, which are cooperative
efforts among the nine cities within the Shingle Creek watershed and six cities within
the West Mississippi watershed, expire on December 31, 2024; and
WHEREAS, the attached joint powers agreements incorporated herein by
reference, have been amended to update the language in each agreement to remove historic
language that is no longer needed, to more accurately reflect how the Watershed Management
Commissions actually operate, and provide for their continued operation through January 1,
2045; and
WHEREAS, the Watershed Management Commissions have funded many
projects throughout the City, which have contributed to improved surface water quality and
ecological integrity within the City; and
WHEREAS, the City Council determines it is in the best interests of the City to
continue its participation in the Watershed Management Commissions to further its goals
and obligations to improve water quality and properly manage surface water in accordance
with the Metropolitan Surface Water Management Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The attached Shingle Creek and West Mississippi Watershed Management
Commission Joint Powers Agreements are hereby approved and entered
into by the City.
2. The Mayor and Clerk are hereby authorized and directed to execute the
attached joint powers agreements on behalf of the City.
RESOLUTION NO.
November 25, 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.
1
SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION
JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT is made and entered into by and among the cities
of Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo,
Plymouth, and Robbinsdale. The cities that are parties to this Agreement may hereafter be
referred to individually as a “Member” or collectively as the “Members.”
RECITALS
A. Local government units in the metropolitan area are required by the Metropolitan Water
Management Program (Minn. Stat. § 103B.201 to 103B.255) to plan for and manage
surface water.
B. Under the Act, one of the options available to local government units to satisfy the
requirements of the Act is to adopt a joint powers agreement pursuant to Minn. Stat. §
471.59 to establish a watershed management organization to jointly plan for and manage
surface water within a watershed.
C. The Members preferred to manage surface waters through a joint board rather than the
traditional watershed model and acted pursuant to the new authority to adopt a joint
powers agreement in 1984 establishing the Shingle Creek Watershed Management
Commission to cooperatively manage and plan for the management of surface water
within the Watershed.
D. The original joint powers agreement has been updated and amended several times, and
the term of the current joint powers agreement expires on December 31, 2024.
E. The Members previously acted pursuant to their authority to establish the “Shingle Creek
Watershed Board of Commissioners” and said Board is hereby reaffirmed as the entity
charged with the authority and responsibility to manage the Commission.
F. The Board has previously acted to adopt a Watershed Management Plan for the
watershed and has regularly updated the Watershed Management Plan in accordance with
law.
G. The Commission works cooperatively with Hennepin County, Three Rivers Park District,
and several other stakeholders to achieve the goals of the Watershed Management Plan.
H. The Members desire to enter into this Agreement to reaffirm the Commission and the
Board in furtherance of its efforts to continue working cooperatively to prepare and
administer a surface water management plan to manage surface water within the
watershed in accordance with the Act and Minn. R., chapter 8410.
2
AGREEMENT
In consideration of the mutual promises and agreements contained herein, the parties
mutually agree as follows:
SECTION I
ESTABLISHMENT, GENERAL PURPOSE, AND DEFINITIONS
1.1 Reaffirming the Establishment. The Members hereby reaffirm and ratify the
establishment and continued operation of the “Shingle Creek Watershed Management
Commission” pursuant to the Act and such other laws and rules as may apply.
1.2 General Purpose. The general purpose of this Agreement is to continue the Commission
and its work on behalf of the Members to cooperatively adopt, administer, and update as
needed the Watershed Management Plan, and to carry out the purposes identified in
Minn. Stat. § 103B.201 and the other provisions of the Act. The plan and programs shall
operate within the boundaries of the Shingle Creek Watershed as identified in the official
map filed with the Minnesota Board of Soil and Water Resources. The most current
version of the official map defining the boundaries of the Watershed is incorporated
herein by reference. The boundaries of the Watershed are subject to change utilizing the
procedure set out in Minn. Stat. § 103B.225 as may be needed to better reflect the
hydrological boundaries of the Area.
1.3 Definitions. The definitions contained in Minn. Stat. § 103B.205 and Minn. R., part
8410.0020 are hereby adopted by reference, except that the following terms shall have
the meanings given them in this section.
(a) Act. “Act” means the Metropolitan Surface Water Management Program set out in
Minn. Stat. §§ 103B.201 to 103B.255.
(b) Alternate Commissioner. “Alternate Commissioner” means the person appointed
by a Member to serve as its alternate to represent the Member on the Board in the
absence or disability of its appointed Commissioner.
(c) Board. “Board” means the board of commissioners established by this Agreement
to manage and make decisions on behalf of the Shingle Creek Watershed
Management Commission.
(d) Capital Improvement. “Capital Improvement” has the meaning given it in Minn.
R., part 8410.0020, subp. 3 and includes the purchase of capital equipment that
satisfies the eligibility criteria established by the Board for funding as a CIP Project.
(e) Capital Improvement Program. “Capital Improvement Program” has the meaning
given the term in Minn. Stat. § 103B.205, subd. 3.
3
(f) CIP Project. “CIP Project” means a planned Capital Improvement that is part of
the Commission’s Capital Improvement Program, is set out in its Water
Management Plan, and is eligible for funding by the Commission.
(g) City Council. “City Council” means the city council of a Member to this
Agreement.
(h) Commission. “Commission” means the watershed management organization
established by this Agreement in accordance with the Act, the full name of which
is the “Shingle Creek Watershed Management Commission.”
(i) Commissioner. “Commissioner” means the person appointed by a Member as its
primary representative on the Board.
(j) County. “County” means Hennepin County, Minnesota.
(k) Local Water Plan. “Local Water Plan” means the local water management plan
each Member is required to develop and have reviewed as provided in Minn. Stat.
§ 103B.235 and Minn. R., part 8410.0160.
(l) Member. “Member” means a city that is a signatory to this Agreement and is
identified in section 2.1 of this Agreement.
(m) Non-CIP Project. “Non-CIP Project” means a project undertaken by a Member or
the Commission pursuant to this Agreement that does not qualify as a CIP Project
and is not part of the projects included in the amount certified to the County to be
included in the County’s levy. Examples of Non-CIP Projects include, but are not
limited to, research projects, feasibility studies, water quality projects, maintenance
projects.
(n) TAC. “TAC” means the Technical Advisory Committee established by the Board
and that is made up of a representative each Member, as appointed by the Member.
(o) Watershed. “Watershed” means the Shingle Creek Watershed, which includes the
area contained within a line drawn around the extremities of all terrain whose
surface drainage is tributary to Shingle Creek and within the mapped areas
delineated on the map filed with the Minnesota Board of Water and Soil Resources
pursuant to the Act.
(p) Watershed Management Plan. “Watershed Management Plan” means the plan
developed and adopted in accordance with the Act, including all amendments and
updates.
4
SECTION II
MEMBERSHIP
2.1 Members. The following local government units are Members of the Commission: City
of Brooklyn Center, City of Brooklyn Park, City of Crystal, City of Maple Grove, City of
Minneapolis, City of New Hope, City of Osseo, City of Plymouth, and City of
Robbinsdale.
2.2 Effect of Changes. No change in governmental boundaries, structure, or organizational
status shall affect the eligibility of any local government unit listed above to be
represented on the Commission, so long as such local government unit continues to exist
as a separate political subdivision.
SECTION III
BOARD OF COMMISSIONERS
3.1 Establishment. The Members hereby reaffirm the establishment and continued operation
of the “Shingle Creek Watershed Board of Commissioners” in accordance with the Act.
The Board shall carry out the purposes and have the powers as provided herein.
3.2 Board Appointments. The Commission is governed by the Board, which is comprised of
nine Commissioners appointed by the Members. Each party to this Agreement is a
Member of the Board and shall determine the eligibility and qualifications of its
representative on the Board.
(a) Commissioner. Each Member is responsible for appointing one person to serve as
its representative (“Commissioner”) on the Board. Each Member is responsible
for publishing a notice of a vacancy, whether resulting from expiration of its
Commissioner position or otherwise, as required in Minn. Stat. § 103B.227, subd.
2. Each Commissioner shall have one vote on the Board and must be present to
vote. The authority of a Commissioner to vote shall be suspended if the
appointing Member is delinquent in making any payments due to the
Commission. The voting authority of the Commissioner shall be restored once the
Member pays all past due amounts.
(b) Alternate Commissioner. Each Member may also appoint one Alternate
Commissioner (“Alternate Commissioner”) to the Board in the same manner
required to appoint a Commissioner. The Alternate Commissioner may attend all
meetings and speak during the public input portion of the meeting, but is only
authorized to vote at a Board meeting in the absence or disability of the
appointing Member’s Commissioner. If the absent Commissioner is also an
officer of the Board, the Alternate Commissioner shall not be entitled to serve as
such officer. If necessary, the Board may select a current Commissioner to
temporarily undertake the duties of the absent officer.
5
(c) Term. The term of each Commissioner and Alternate Commissioner shall be
three years commencing on February 1st. The terms are staggered so that no more
than three Commissioners are up for appointment in a single year. The
Commissioners from the Cities of Brooklyn Center, Brooklyn Park, and Crystal
are appointed in the same year; the Commissioners from the Cities of Maple
Grove, Minneapolis, and New Hope are appointed in the same year; and the
Commissioners from the Cities of Osseo, Plymouth, and Robbinsdale are
appointed in the same year. A Commissioner and an Alternate Commissioner
shall serve until their successors are selected and qualify, unless they resign or are
removed earlier as provided herein.
(d) Notices. A Member shall provide the Commission written notice of its
appointments, including the resolution making the appointments or a copy of the
minutes of the meeting at which the appointments were made. The Commission
shall notify BWSR of appointments and vacancies within 30 days after receiving
notice from the Member. Members shall fill all vacancies within 90 days after the
vacancy occurs.
(e) Vacancy. A Member shall notify the Commission in writing within 10 days of
the occurrence of a vacancy in its Commissioner or Alternate Commissioner
positions. The Commission will notify BWSR of the vacancy within 30 days of
receiving the notice of a vacancy as required by Minn. Stat. § 103B.227, subd. 1.
The Member shall publish notice of the vacancy at least once in its official
newspaper as required by Minn. Stat. § 103B.227, subd. 2. The notices must state
that those interested in being appointed to serve on the Commission may submit
their names to the Member for consideration. The notice must be published at
least 15 days before the Member’s City Council acts to fill the vacancy. The City
Council must make the appointment within 90 days from the occurrence of the
vacancy. The Member shall promptly notify the Commission of the appointment
in writing. The appointed person shall serve the unexpired term of the position.
(f) Removal. The City Council of a Member may remove its Commissioner for just
cause as provided in Minn. Stat. § 103B.227, subd. 3 and in accordance with
Minn. R., part 84100.0040. If a Commissioner is an elected official, or is an
appointed official serving an indefinite term at the pleasure of the City Council,
the City Council may remove the person at will, including if the person is not
reelected. A Member may remove its Alternate Commissioner without cause.
The Member shall notify the Board of the removal in writing within 10 days of
acting to remove the Commissioner. The Commission shall notify BWSR of the
vacancy within 30 days of receiving notice of the removal. The City Council
shall act to fill the vacancy created by the removal within 90 days as provided in
this Agreement.
3.3 Compensation and Expenses. Commissioners and Alternate Commissioners shall serve
without compensation from the Commission. Commission funds may, but are not
required to, be used to pay or reimburse the attendance fee for Commissioners and
6
Alternate Commissioners to attend an in-state educational conference related to the
Commission’s business if authorized by the Board in advance of the conference. Other
expenses associated with attending a conference are not eligible for reimbursement by the
Commission. Nothing herein prohibits a Member from choosing, in its sole discretion
and cost, to compensate or reimburse the expenses of its Commissioner or Alternate
Commissioner.
3.4 Board Officers. Each year at its February meeting the Board shall elect from among its
Commissioners a Chair, Vice Chair, Secretary, and Treasurer. All such officers shall
hold office for a term of one year until their successors have been duly elected by the
Board. An officer may serve only while they remain a Member of the Board. A vacancy
in an officer position shall be filled by Board election for the remainder of the unexpired
term of such office.
3.5 Duties of Board Officers. The Chair shall serve as the presiding officer at Board
meetings, execute documents on behalf of the Board, sign checks, and perform other
duties and functions as may be determined by the Board. The Vice-Chair shall undertake
the duties of the Chair in the absence or disability of the Chair. The Secretary shall
maintain the records of the Commission, Board meeting minutes, ensure meetings are
properly noticed, countersign documents with the Chair, and perform such other duties as
assigned by the Board. The Secretary may delegate one or more specific duties of the
position. The Treasurer shall oversee the Commission’s budget and finances, sign checks,
and perform such other duties as assigned by the Board.
3.6 Quorum. A majority of the Commissioners shall constitute a quorum. Less than a
quorum may adjourn a scheduled meeting. A simple majority of a quorum is required for
the Board to act unless a higher number of votes is required by law or this Agreement. A
Board vacancy or the suspension of voting rights as provided herein shall temporarily
reduce the number of Commissioners required for a quorum.
3.7 Meetings. The Board shall conduct meetings in accordance with the Minnesota Open
Meeting Law (Minn. Stat., chap. 13D) and this section.
(a) Regular Meetings. The Board shall develop a schedule of its regular meetings.
The Board shall post the schedule on the Commission’s website and provide a
copy to each Member. The Secretary shall maintain a copy of the schedule of
regular meetings. The Chair and Vice-Chair may cancel a meeting due to a lack of
business items. The Secretary shall make a good faith effort to notify
Commissioners of a meeting cancellation.
(b) Special Meetings. The Board may hold such special meetings as it may determine
are needed to conduct the business of the Commission. A special meeting may be
called by the Chair or by any two Commissioners. The Secretary shall post and
provide notice of special meetings to the Commissioners. Emailing notices to
Commissioners shall constitute sufficient notice under this Agreement.
7
(c) Annual Meeting. The February Board meeting shall constitute the annual meeting
of the Commission.
(d) Rules of Procedure. The Board shall conduct its meetings generally in
accordance with the procedures set out in the most current version of Robert’s
Rules of Procedure without requiring strict conformance to its requirements. The
Board may modify such rules as it determines is appropriate to facilitate the
conducting of its business or adopt a different set of rules for its meetings. The
Board may amend its rules from time to time as it determines is appropriate upon
a majority vote of all Commissioners. The Board may also waive one or more
specific rules as it determines are necessary to facilitate the conducting of its
business. Voting and statutory requirements are not waivable.
SECTION IV
POWERS AND DUTIES OF THE BOARD
4.1 Powers. The Board is authorized to exercise the powers in this section to carry out the
purposes of the Commission.
(a) Powers Granted. The Board shall have the following powers.
(1) It may contract with or employ such persons or entities as it deems
necessary to accomplish its duties and powers. Any employee may be on a
full-time or part-time basis as the Board determines. Such employees and
contracted consultants shall be considered Commission staff.
(2) It may contract for space, materials, supplies, and services to carry on its
activities.
(3) It may acquire necessary personal property to carry out its powers and its
duties.
(4) It shall prepare, adopt, implement in accordance with this Agreement, and
update a Watershed Management Plan that satisfies the requirements of
Minn. Stat. § 103B.231. The Watershed Management Plan shall address
all items required by applicable laws and rules. In preparing said plan, the
Board may consult with the engineering and planning staff of each
Member and the Metropolitan Council and other public and private bodies
to obtain and consider projections of land use, population growth, and
other factors which are relevant to the improvement and development of
the Watershed.
(5) It shall develop and adopt a capital improvement program as part of the
Watershed Management Plan. The Board shall determine which projects
to include in the capital improvement program.
8
(6) It may undertake projects, including those provided in its capital
improvement program, in accordance with the Watershed Management
Plan and this Agreement. It may acquire a temporary interest in real
property if required to facilitate a project.
(7) It shall make necessary surveys or utilize other reliable surveys and data
and develop projects to accomplish the purposes for which the
Commission is organized.
(8) It may cooperate or contract with the State of Minnesota, any political
subdivision thereof, federal agency, or private or public organization to
accomplish the purposes for which it is organized.
(9) It shall regulate, conserve, and control the use of storm and surface water
and groundwater within the Watershed.
(10) It may contract for or purchase such insurance as the Board deems
necessary for the protection of the Commission.
(11) It may acquire, establish, and maintain devices acquiring and recording
hydrological and water quality data within the Watershed. Devices
acquired by the Board are owned by the Commission and shall be made
available for use by Members as the Board determines is reasonable.
(12) It may enter upon lands within or without the watershed to make surveys
and investigations to accomplish the purposes of the Commission. The
Commission shall be liable for actual damages resulting therefrom but
every person who claims damages shall serve the Chair or Secretary of the
Board with a Notice of Claim as required by Minn. Stat. § 466.05.
(13) It shall provide any Member with technical data or any other information
of which the Commission has knowledge which will assist the Member in
preparing land use classifications or local water management plans within
the Watershed.
(14) It may provide legal and technical assistance in connection with litigation
or other proceedings between one or more of its Members and any other
political subdivision, commission, board, or agency relating to the
planning or construction of facilities to drain or pond storm waters or
relating to water quality within the Watershed. The use of Commission
funds for litigation shall be only upon a favorable vote of a majority of the
eligible votes of the then existing Members of the Commission. Such a
vote is not required for the Board to expend Commission funds in the
defense of a suit brought against the Commission or its Commissioners, in
9
accordance with applicable laws, to the extent such costs are not paid by
the Commission’s insurer.
(15) It may accumulate reserve funds for the purposes herein mentioned and
may invest funds of the Commission not currently needed for its
operations, in the manner and subject to the laws of Minnesota applicable
to statutory cities.
(16) It may collect monies, subject to the provisions of this Agreement, from its
Members, the County, and from any other source approved by a majority
of its Board. The Board may accept gifts and seek and accept grants.
(17) It may make contracts, incur expenses, and make expenditures necessary
and incidental to the effectuation of these purposes and powers and may
disburse therefor in the manner hereinafter provided.
(18) It shall cause to be made an annual audit of the books and accounts of the
Commission by a certified public accountant or the State Auditor, and
shall transmit a copy of the annual audit to each Member, all in
compliance with the requirements of M.R., part 8410.0150.
(19) Its books, reports, and records shall be available for and open to inspection
by the Members at all reasonable times.
(20) It may recommend changes in this Agreement to the Members.
(21) It may exercise all other powers necessary and incidental to the
implementation of the purposes and powers set forth herein and as
outlined and authorized by the Act and such other law as may apply.
(22) It shall cooperate with the applicable state agencies in complying with the
requirements of Minn. Stat., chap. 103G.
(23) Each Member reserves the right to conduct separate or concurrent studies
on any matter under study by the Commission.
(24) It may define and designate subtrunk and subdistricts within the
watershed, and shall have authority to separate the watershed into different
subtrunks and subdistricts, and to allocate capital improvement costs to a
subtrunk or subdistrict area if that district is the only area that benefits
from the capital improvement.
(25) It shall establish a procedure for establishing citizen or technical advisory
committees and to provide other means for public participation.
10
(b) Powers Reserved. The Board shall not have any of the powers identified in this
paragraph. Expressly identifying specific powers reserved to the Members is not
intended to expand, by negative implication, the powers granted above to the
Board.
(1) Eminent Domain. The Commission does not have the power of eminent
domain. Any easements or other interests in land necessary to be acquired
for an Improvement Project shall be acquired as provided below.
(2) Real Property. The Commission shall not own any interest in real
property. All interests in lands shall be held in the name of the Member
wherein said lands are located. This provision does not prohibit the
Commission from acquiring a temporary interest in real estate as needed
to conduct studies, undertake a project, or to otherwise carry out its duties.
(3) Bonding. The Commission does not have the power to issue certificates,
warrants, or bonds.
(4) Special Assessments. The Commission shall not have the power to levy a
special assessment upon any privately or publicly owned land. All such
assessments shall be levied by the Member wherein said lands are located.
It shall have the power to require any Member to contribute the costs
allocated or assessed according to the other provisions of this Agreement.
(5) Land Use Regulations. The Commission shall not have the authority to
regulate the use and development of land under Minn. Stat. § 103B.211,
subd. 1(a)(3).
4.2 Collection or Diversion of Waters. Each Member agrees that it will not directly or
indirectly collect or divert any additional surface water to Shingle Creek or its tributaries
without a project review by the Commission in accordance with the Water Management
Plan. A Member may proceed with the construction or reconstruction of improvements
within the individual Members' boundaries, and at its sole cost, upon the Board finding:
(a) That there is an adequate outlet;
(b) The construction is in conformance with the overall plan; and
(c) The construction will not adversely affect other Members of this Agreement.
4.3 Local Water Plans.
(a) Development. Each Member agrees to develop and maintain a Local Water Plan,
capital improvement program, and official controls as necessary to bring local
water management into conformance with the Watershed Management Plan. The
development and implementation of Local Water Plans shall conform with all
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requirements of the Act, including Minn. Stat. § 103B.235 and Minn. R., part
8410.0160. In accordance with the Act, the Board shall approve or disapprove
each local plan or any parts of each plan. The Members understand that the
Watershed Management Plan, including the Commission’s capital improvement
program, must consist of local parts and therefore every effort shall be made by
the Commission and all Members to coordinate local plans with the Watershed’s
overall plan, including planning for local plans at the same time the Watershed’s
overall plan is being developed.
(b) Review. Each Member shall submit its proposed Local Water Plan to the
Metropolitan Council and the Board for review as required by Minn. Stat. §
103B.235. The Board shall consider any comments on the Local Water Plan
received from the Metropolitan Council and shall act on said plans in accordance
with the Act.
4.4 Pollution Control and Water Quality. The Commission shall have the authority and
responsibility to protect and improve water quality in the Watershed as this is one of the
main purposes set forth in the Act. All Members agree that they will refuse to allow the
drainage of sanitary sewage or industrial pollutants onto any land or into any watercourse
or storm sewer draining into the Watershed. The Board may investigate on its own
initiative, or request a Member to investigate, a complaint relating to pollution of surface
water or groundwater draining into or affecting the Watershed. If the Board determines
the Watershed is being polluted by an identifiable source, the Board may order the
Member to abate this nuisance and each Member agrees that it will take all reasonable
action available to it under the law to alleviate the pollution and to assist in protecting and
improving the water quality of surface water and groundwater in the Watershed.
4.5 Boundary Changes. Any changes to the boundaries of the watershed shall be undertaken
in accordance with Minn. Stat. § 103B.215.
SECTION V
PROJECTS
5.1 Capital Projects and Non-Capital Projects. The Board may undertake, in conformity with
this Agreement, Non-CIP Projects and CIP Projects. CIP Projects typically involve
entering into a cooperative agreement with a Member, which has the Member assuming
responsibility for letting the contract and overseeing construction of the project.
5.2 Process for Non-CIP Projects. The Board may initiate and undertake a Non-CIP Project
upon a majority vote of all eligible Commissioners. If a Non-CIP Project is for a
research project, feasibility study, or the like, the Board may proceed on its own. In such
instances, the Commission may, with the approval of the Board, contract in its own name
to complete such projects. If the Non-CIP Project is for implementation of a research
project or study, a water quality project, maintenance, or the like, then the Board may
only proceed in cooperation with the Member(s) where such projects will take place. In
such instances, The Commission may contract in its own name to complete such projects
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or enter into a cooperative agreement with a Member to have the Member undertake the
project on its own or in cooperation with the Commission.
5.3 Process for CIP Projects. The process for undertaking a CIP Project is as follows.
(a) Initiation. A CIP Project may be proposed by a Member or by the Board based on
subwatershed assessments, lake/stream resource assessments, inspections, or a
particular need or issue identified by a Member or the Board. A proposed project
shall be submitted to the TAC and the Board to determine if there is sufficient
support to proceed to a feasibility study.
(b) Feasibility Study. If requested by the Board, the Commission Engineer, or other
engineering firm, shall study the feasibility of a proposed CIP Project and report
its findings to the TAC and the Board. The report shall include an opinion of
probable cost and how the project would be funded. The Board shall consider the
feasibility study and decide whether to proceed with the proposed project.
(c) Plan Amendments. Proposed CIP Projects are amended into and made part of the
Watershed Management Plan. The process the Commission must undertake to
amend a CIP Project into the Watershed Management Plan depends on whether it
constitutes a minor plan amendment or a major plan amendment as described
below.
(1) Minor Plan Amendment. The addition of a proposed CIP Project to the
Watershed Management Plan typically constitutes a minor plan amendment
that can be accomplished following the process set out in the Watershed
Management Plan and Minn. R., part 8410.0140, subpart 2. A public hearing
is not required for a minor plan amendment.
(2) Major Plan Amendment. If a proposed amendment does not qualify as a
minor amendment, the Commission must undertake the major plan
amendment process to add the CIP project to the Watershed Management
Plan. The major plan amendment process is set out in the amendment section
of the Watershed Management Plan, Minn. Stat. § 103B.231, subd. 11, and
Minn. R., part 8410.0140. The public hearing required under Minn. Stat. §
103B.231, subds. 11 & 7(c) for a major plan amendment may be held in
conjunction with the public hearing required to request the County to levy
funds for the project under Minn. Stat. § 103B.251, subds. 3 & 4, provided the
requirements of both procedures can be satisfied at the single hearing.
(d) Public Hearing. If the Board proposes to pay any portion of a CIP Project with
funds to be raised through a County levy under Minn. Stat. § 103B.251, the Board
must call and conduct a public hearing as provided in the statute and this
paragraph. A public hearing is not required if the CIP Project is funded entirely
from funds on hand, grants, or a combination thereof, and does not require the
Board to certify any project costs to the County to be levied under Minn. Stat. §
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103B.251. When a public hearing is required, it shall be conducted in
accordance with the following.
(1) Calling. The Board must act by motion or resolution to call a public hearing
on the proposed CIP Project. The Board shall set the date, time, and place
for the public hearing.
(2) Notice. The Board shall provide notice of the public hearing in accordance
with Minn. Stat. § 103B.251, subd. 3.
(3) Conducting. The Board shall conduct the public hearing at the scheduled
date, time, and place to hear from the public and to consider the proposed
CIP Project. Prior to taking public comment, the Commission Engineer
shall provide a brief overview of the proposed CIP Project, an estimate of
project cost, and a description of how the project will be funded.
(4) Board Decision. Once the public input portion of the public hearing is
closed, the Board shall discuss and decide whether to approve the proposed
CIP Project. The Board shall act by resolution to approve a CIP Project,
which shall require a favorable vote by two-thirds of all eligible votes of the
then existing Commissioners. The resolution shall, at minimum, order the
project, identify the responsible engineer, identify the Member responsible
for letting the contract and overseeing construction, set out the estimated
cost and funding sources, authorize the Commission to enter into a
cooperative agreement with the responsible Member, and certify a levy to
the Hennepin County Auditor for the amount to be levied by the County for
the project.
5.4 Responsible Member.
(a) Member Projects. The Board shall work with Members to facilitate the
completion of specific Non-CIP Projects and CIP Projects within their
jurisdictional boundaries in accordance with the Watershed Management Plan.
For any project that will be constructed by one or more Members and reimbursed
by the Commission, to the extent authorized by the Board, the Member(s)
responsible for implementing the project and the Board shall negotiate a
cooperative agreement, in good faith, providing for terms and conditions related
to the project and any such reimbursement. If any portion of the project is funded
by a grant obtained by the Commission, the cooperative agreement shall include a
subgrant agreement requiring the responsible Member to be responsible for
complying with the applicable terms and conditions of the grant agreement. The
terms of this paragraph shall also apply to any Commission project that may be
constructed by any other entity, public or private, if construction by such entities
is deemed appropriate by the Commission.
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(b) Commission Projects. The Commission, if approved by the Board, is authorized
to undertake and contract for a CIP Project that is not required to be let by sealed
bid under Minn. Stat. § 471.345. Such contracts shall be let in the Commission’s
name and must be in accordance with the Watershed Management Plan and all
applicable laws and regulations related to public procurement and contracting.
Approval of Commission contracts for CIP Projects shall require a favorable vote
by two-thirds of all eligible votes of then existing Commissioners.
5.5 Contracts for Improvements.
(a) Letting Contracts. All contracts for projects ordered by the Commission shall
comply with the requirements of laws applicable to contracts let by the respective
Member making such contract. The Commission shall not have the authority to
contract in its own name for any work for which a special assessment will be
levied against any private or public property under the provisions of Minn. Stat.,
chap. 429 or any city charter, and such contracts shall be awarded by action of the
City Council of a Member and shall be in the name of said Member. This
subsection shall not preclude the Commission from proceeding under Minn. Stat.
§ 103B.251 or from otherwise proceeding under this Agreement for projects that
will not be specially assessed under Minn. Stat., chap. 429.
(b) Contract Administration. All improvement contracts will be duly supervised by
the Member awarding the contract, provided, however, that the Commission shall
be authorized to observe and review the work in progress and the Members agree
to cooperate with the Commission staff in accomplishing the purposes of this
Commission. Representatives of the Commission shall also have the right to
enter upon the place or places where any improvement work is in progress for the
purpose of making reasonable tests and inspections. Commission staff shall
report, advise, and recommend to the Board on the progress of said work.
5.6 Land Acquisition. Because the Commission does not have the power to acquire real
property, the Members agree that any and all permanent easements or interests in land
which are necessary for any project will be negotiated or condemned in accordance with
all applicable laws by the Member wherein said lands are located, and each Member
agrees to attempt to acquire the necessary easements or interests in such land upon order
of the Commission to accomplish the purposes of this Agreement. All reasonable costs of
said acquisition shall be considered as a cost of the respective improvement. If a Member
determines it is in the best interests of that Member to acquire additional lands in
conjunction with the taking of lands for the Commission-ordered improvement, or for
some other purpose, the costs of said acquisition will not be included in the improvement
costs of the ordered project. The Board in determining the allocation of the improvement
costs may take into consideration the land use for which said additional lands are being
acquired and may credit the acquiring Member for said land acquisition to the extent that
it benefits the other Members of this Agreement. Any credits may be applied to the cost
allocation of the improvement project under construction or the Board, if feasible and
necessary, may defer said credits to a future project.
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5.7 CIP Project Funding.
(a) Member Contributions. The Member responsible for constructing a CIP Project,
together with any other identified benefiting Members, shall contribute toward the
project such amounts as identified in the Board’s resolution ordering the project
and in accordance with the terms of the cooperative agreement entered into for the
project.
(b) Commission Contributions. The Commission shall contribute toward the project
such amounts as identified in the Board’s resolution ordering the project and in
accordance with the terms of the cooperative agreement entered into for the project.
The contribution from the Commission may include grant funds it has received for
the project. In such cases, the Board and the responsible Members enter into a
subgrant agreement, which may be part of the cooperative agreement, setting out
the obligations of the Member to ensure compliance with the gran requirements.
The Commission’s contribution is in addition to any amounts contributed by
Members or other private or public entities. If the Commission’s contribution is
dependent on an amount to be levied by the County, the contribution is contingent
on the Commission receiving such amount from the County.
(c) Maintenance Levy. The Commission may establish a maintenance fund to be used
for normal and routine maintenance of a work of improvement constructed in whole
or part with money provided by Hennepin County. As provided in Minn. Stat. §
103B.251, subd. 9, the Board may impose, with the County’s consent, an ad
valorem levy on all property located within the territory of the Watershed or a
subwatershed unit. The levy shall be certified, levied, collected, and distributed as
provided in Minn. Stat. §§ 103D.915 and 103D.921, as amended, and shall be in
addition to any other money levied and distributed by the County to the
Commission. Mailed notice of any hearing required under the aforementioned
statutes shall be sent to the clerk of each Member municipality at least 30 days prior
to the hearing. The proceeds of said maintenance levy shall be deposited in a
separate maintenance and repair account to be used only for the purpose for which
the levy was made.
5.8 Cost Allocation for CIP Projects. All capital costs incurred by the Commission shall be
apportioned to the respective Members on any of the following bases.
(a) County Levy. If the project is constructed and financed pursuant to Minn. Stat. §
103B.251, the Members understand and agree that said costs will be levied on all
taxable property in the Watershed as set forth in said statute.
(b) Negotiated Amount. A negotiated amount to be arrived at by the Members who
have lands in the subdistrict responsible for the capital improvement.
(c) Tax Capacity and/or Total Area.
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(1) Fifty percent of all capital costs or the financing thereof shall be apportioned
to each Member on the basis of the net tax capacity of each Member within
the boundaries of the Watershed each year to the total net tax capacity in
the Watershed.
(2) Fifty percent of all capital costs or the financing thereof shall be apportioned
to each Member on the basis of the total area of each Member within the
boundaries of the Watershed each year to the total area in the Watershed.
(3) Capital costs allocated under the 50% area/50% net tax capacity formula set
forth above may be varied by a two-thirds vote of the Commission if:
(i) any Member community receives a direct benefit from the capital
improvement which benefit can be defined as a lateral as well as a
trunk benefit, or
(ii) the capital improvement provides a direct benefit to one or more
Members which benefit is so disproportionate as to require in a sense
of fairness a modification in the 50/50 formula.
(4) Any credits to due a Member for lands acquired by said Member to pond or
store storm and surface water as provided herein shall be allowed against
costs due under this section.
5.9 Emergency Projects. The Commission may perform emergency projects in accordance
with Minn. Stat. § 103B.252.
SECTION VI
FINANCES
6.1 Generally.
(a) Authority. The Commission funds may be expended by the Board in accordance
with this Agreement and in accordance with the procedures as established by law
and in the manner as may be determined by the Board.
(b) Funds. The Commission shall have a general fund and may establish such other
funds and accounts as it may determine are needed. The Commission has
established a Capital Improvement Program Closed Project Account into which
any levied funds remaining after the completion of a CIP Project are placed.
Funds in the CIP Closed Project Account shall only be expended in accordance
with a policy adopted by the Board for an authorized purpose.
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(c) Disbursements. In no event shall there be a disbursement of Commission funds
without the signature of at least two Board officers, one of whom shall be the
Treasurer or the Treasurer’s authorized deputy.
(d) Treasurer Bond. The Treasurer shall be required to file with the Secretary of the
Board a bond in the sum of at least $10,000 or such higher amount as shall be
determined by the Board. The Commission shall pay the premium on said bond.
(e) Depository. The Board shall designate one or more national or state bank or trust
companies, authorized by Minn. Stat., chaps. 118A and 427, or such other law as
may apply, to receive deposits of public moneys and to act as depositories for the
Commission funds.
6.2 Commission’s General Fund. The Commission’s general fund is funded by an annual
contribution from each Member and is used to pay for general administration purposes
including, but not limited to, salaries, rent, supplies, development of the Watershed
Management Plan, engineering and legal expenses, insurance, and bonds, and to purchase
and maintain any personal property deemed necessary by the Commission in furtherance
of its purposes and powers as articulated in this Agreement. Said funds may also be used
for normal maintenance of any facilities, but any extraordinary maintenance or repair
expense shall be treated as an improvement cost and processed in accordance with the
provisions for CIP Project funding under this Agreement. The annual contribution by
each Member shall be based fifty percent (50%) on the net tax capacity of all property
within the Watershed and fifty percent (50%) on the basis of the total area of each
Member within the boundaries of the Watershed each year to the total area in the
Watershed.
6.3 Operating Budget. The Board shall annually prepare, adopt, and submit an annual
operating budget as provided in this section.
(a) Adoption. On or before July 1 of each year, the Board shall adopt a detailed
budget for the ensuing year and decide upon the total amount necessary for the
Commission’s general fund. Budget approval shall require a favorable vote by a
majority of all eligible votes of the then existing Commissioners.
(b) Budget Cap. The total operating budget amount, excluding any grants, in a year
shall not exceed the budget cap established as part of the prior joint powers
agreement and that has been adjusted each year based on the consumer price
index. The original budget cap was established in 2004 at $262,750 and has been
modified each year since based, pro rata, on the annual change in the consumer
price index (U.S. City Average, All Items, All Urban Consumer) to the end of the
second quarter of the preceding year. In 2024, the budget cap was $446,740. The
budget cap shall continue to be calculated each year by the Administrator and the
operating budget prepared by the Commission for a year shall not exceed the
budget cap calculated for that year. The only way the Commission’s operating
budget may exceed the budget cap is if a majority of all the Members expressly
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consent to the proposed operating budget exceeding the cap. If a proposed
operating budget that exceeds the budget cap is not consented to by a majority of
Members, the Commission must adjust its final operating budget so it does not
exceed the budget cap.
(c) Funding. The Commission’s annual operating budget is funded by an annual
assessment placed on the Members, subject to certain caps, as provided herein.
(d) Caps on Member Assessments. The amount annually assessed each Member to
fund the operating budget shall not exceed the following caps, unless authorized
as provided herein.
(1) Percentage Cap. The amount to be assessed Members under the proposed
budget shall not exceed 120% of the amount assessed Members under the
previous year’s budget, unless the City Council of each Member adopts a
resolution approving the increase.
(2) Tax Capacity Cap. The amount of a Member’s annual contribution to the
operating budget shall not exceed one-half of one percent of the net tax
capacity of the Member’s total area located within the Watershed.
(e) Budget Certified to Members. On or before July 1st, the Secretary or the
Commission Administrator shall certify the operating budget to the clerk of each
Member, together with a statement of the proportion of the budget to be assessed
and paid by each Member. If the proposed operating budget results in any of the
caps established herein being exceeded, the budget sent to the Members for
review must be accompanied by a letter clearly notifying the Members of the cap
being exceeded, the reasons for the proposed exceedance, and the Member
approval required to approve the proposed budget. If the approvals required
herein to exceed the cap are not obtained, the total budget or assessment amount
shall not exceed the capped amount.
(f) Member Review. The City Council of each Member agrees to review the
proposed budget provided by the Commission. If any Member has any
objections, they must submit them in writing to the Board prior to August 1.
Upon the receipt of any such written objections, the Board shall set a date to hear
the Member’s objections and shall provide all Members notice of the hearing and
a copy of the written objections. After hearing the objections, the Board may
modify, amend, or affirm the proposed budget by majority of all eligible votes of
the then existing Commissioners.
(g) Finalized. The proposed operating budget shall be considered final if no Member
files an objection by August 1st. If a timely objection is received, the Board shall
act to finalize the operating budget after conducting a hearing on the objections.
The Board shall provide a copy of the final operating budget to each Member. If
19
there are objections, the Board shall include its findings and decision regarding
such objections with the final operating budget.
6.4 Supplemental Budget.
(a) Insufficient Funds. If the Board determines it will not have sufficient funds in the
Commission’s general fund to pay its obligations or to otherwise fund
Commission operations in the present year, the Board may adopt a supplemental
budget to raise additional funds as provided herein.
(b) Public Hearing. The Board shall call a public hearing on the proposed
supplemental budget and provide at least 10 days’ written notice of the hearing,
together with a copy of the proposed supplemental budget, to each Member.
(c) Adoption. After conducting the public hearing, the Board may adopt the
supplemental budget by a favorable vote of a majority of all eligible votes of the
then existing Commissioners. The Board shall notify each Member of the
adopted supplemental budget and the amount of additional assessment to be paid
by each Member.
(d) Cap. In no case may a supplemental budget cause the total operating budget to
exceed either cap established in the “Caps on Member Assessments” paragraph
above. The total operating budget shall not exceed the budget cap identified
above unless it is approved by a majority of all the Members.
(e) Additional Assessment. Members agree to pay their additional assessment to the
Commission within 60 days of adoption of the supplemental budget.
6.5 Default. Any Member who is more than 60 days in default in contributing its share to the
operating budget or to a CIP Project shall have the vote of its Commissioner suspended
pending the payment of its proportionate share. Any Commissioner whose vote is under
suspension shall not be considered for the purposes of determining a quorum or for
determining the sufficiency of a vote.
SECTION VII
TERMINATION AND DISSOLUTION
7.1 Termination. This Agreement may be terminated prior to January 1, 2045 by the
unanimous consent of the Members. If the Agreement is to be terminated, a notice of the
intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources
and to Hennepin County at least 90 days prior to the date of dissolution.
7.2 Dissolution. In addition to the manner provided herein for terminating this Agreement,
any Member may petition the Board to dissolve the Agreement. Upon 90 days notice in
writing to the clerk of each Member governmental unit and to the Board of Water and
Soil Resources and to Hennepin County, the Board shall hold a hearing and upon a
20
favorable vote by a majority of all eligible votes of then existing Commissioners, the
Board may by Resolution recommend that the Commission be dissolved. Said Resolution
shall be submitted to each Member governmental unit and if ratified by three-fourths of
the City Councils of all eligible Members within 60 days, said Board shall dissolve the
Commission allowing a reasonable time to complete work in progress and to dispose of
personal property owned by the Commission.
7.3 Distribution of Assets. If this Agreement is terminated and not replaced with a new
agreement providing for the continued operation of the Commission, or if the
Commission is dissolved, all property of the Commission shall be sold and the proceeds
thereof, together with monies on hand, shall be distributed to the eligible Members of the
Commission. Such distribution of Commission assets shall be made in proportion to the
total contribution to the Commission as required by the last annual budget.
SECTION VIII
MISCELLANEOUS PROVISIONS
8.1 Term. This Agreement shall be effective as of January 1, 2025 and shall remain in effect
until January 1, 2045, unless terminated earlier as provided herein. The Members may
agree to continue this Agreement as the preferred method for addressing their obligation
to address surface water issues under law.
8.2 Mediation. The Members agree that any controversy that cannot be resolved between
Members shall be submitted to mediation. Mediation shall be conducted by a mutually
agreeable process by all Members. If the Members are not able to mutually agree on a
mediator, the party and the Board shall each select a mediator and the two mediators shall
select a third. Each party to the mediation shall be responsible for the cost of the
mediator it selected and shall share equally in the costs of the mediation and of the third
mediator.
8.3 Data Practices. The Commission shall comply with the requirements of Minnesota
Statutes, chapter 13, the Minnesota Government Data Practices Act (“Act”). Any entity
with which the Commission contracts is required to comply with the Act as provided in
Minn. Stat. § 13.05. The contractor shall be required to notify the Board if it receives a
data request and to work with the Commission to respond to it.
8.4 Amendments. The Board may recommend changes and amendments to this Agreement
to the governing bodies of the Members. Amendments shall be adopted by all governing
bodies of the Members. Adopted amendments shall be evidenced by appropriate
resolutions or certified copies of meeting minutes of the governing bodies of each party
filed with the Board and shall, if no effective date is contained in the amendment, become
effective as of the date all such filings have been completed.
8.5 Waiver. The delay or failure of any party of this Agreement at any time to require
performance or compliance by any other party of any of its obligations under this
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Agreement shall in no way be deemed a waiver of those rights to require such
performance or compliance.
8.6 Headings and Captions. The headings and captions of these paragraphs and sections of
this Agreement are included for convenience or reference only and shall not constitute a
part hereof.
8.7 Entire Agreement. This Agreement, including the recitals and the official boundary map
(which are incorporated in and made part of this Agreement), contains the entire
understanding among the Members concerning the subject matter hereof. This
Agreement supersedes and replaces the prior joint powers agreement among the
Members regarding the Commission and such prior agreement is hereby terminated. Any
outstanding obligations of the Members under the prior agreement are not affected by the
termination and shall be continued under this Agreement.
8.8 Examination of Books. Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books,
records, documents, and accounting procedures and practices of the Board are subject to
examination by the State.
8.9 Governing Law. The respective rights, obligations, and remedies of the Members under
this Agreement and the interpretation thereof shall be governed by the laws of the State
of Minnesota which pertain to agreements made and to be performed in the State of
Minnesota.
8.10 Counterparts. This Agreement shall be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all of the Members hereto. Each
party to the agreement shall receive a fully executed copy of the entire document
following adoption by all Members.
8.11 Enforcement. Members agree to be bound by the determination of the Commission and
to agree to use their best efforts to carry out directives from the Commission; failure to
respond may result in a legal action by the Commission to require the Member to act
under a court order.
8.12 Notice. To the extend this Agreement requires a notice to be mailed to a Member, the
notice requirement may be satisfied by the Commission emailing the notice to its primary
contact for the Member.
8.13 Statutory References. All references to statutes in this Agreement include any
amendments made thereto and any successor provisions.
IN WITNESS WHEREOF, the Members have entered into this Agreement by action of
their respective governing bodies effective as of January 1, 2025.
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CITY OF BROOKLYN CENTER
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
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CITY OF BROOKLYN PARK
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
24
CITY OF CRYSTAL
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
25
CITY OF MAPLE GROVE
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
26
CITY OF MINNEAPOLIS
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
27
CITY OF NEW HOPE
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
28
CITY OF OSSEO
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
29
CITY OF PLYMOUTH
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
30
CITY OF ROBBINSDALE
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
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WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION
JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT is made and entered into by and among the cities
of Brooklyn Center, Brooklyn Park, Champlin, Maple Grove, Minneapolis, and Osseo. The
cities that are parties to this Agreement may hereafter be referred to individually as a “Member”
or collectively as the “Members.”
RECITALS
A. Local government units in the metropolitan area are required by the Metropolitan Water
Management Program (Minn. Stat. § 103B.201 to 103B.255) to plan for and manage
surface water.
B. Under the Act, one of the options available to local government units to satisfy the
requirements of the Act is to adopt a joint powers agreement pursuant to Minn. Stat. §
471.59 to establish a watershed management organization to jointly plan for and manage
surface water within a watershed.
C. The Members preferred to manage surface waters through a joint board rather than the
traditional watershed model and acted pursuant to the new authority to adopt a joint
powers agreement in 1984 establishing the West Mississippi Watershed Management
Commission to cooperatively manage and plan for the management of surface water
within the Watershed.
D. The original joint powers agreement has been updated and amended several times, and
the term of the current joint powers agreement expires on December 31, 2024.
E. The Members previously acted pursuant to their authority to establish the “West
Mississippi Watershed Board of Commissioners” and said Board is hereby reaffirmed as
the entity charged with the authority and responsibility to manage the Commission.
F. The Board has previously acted to adopt a Watershed Management Plan for the
watershed and has regularly updated the Watershed Management Plan in accordance with
law.
G. The Commission works cooperatively with Hennepin County, Three Rivers Park District,
and several other stakeholders to achieve the goals of the Watershed Management Plan.
H. The Members desire to enter into this Agreement to reaffirm the Commission and the
Board in furtherance of its efforts to continue working cooperatively to prepare and
administer a surface water management plan to manage surface water within the
watershed in accordance with the Act and Minn. R., chapter 8410.
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AGREEMENT
In consideration of the mutual promises and agreements contained herein, the parties
mutually agree as follows:
SECTION I
ESTABLISHMENT, GENERAL PURPOSE, AND DEFINITIONS
1.1 Reaffirming the Establishment. The Members hereby reaffirm and ratify the
establishment and continued operation of the “West Mississippi Watershed Management
Commission” pursuant to the Act and such other laws and rules as may apply.
1.2 General Purpose. The general purpose of this Agreement is to continue the Commission
and its work on behalf of the Members to cooperatively adopt, administer, and update as
needed the Watershed Management Plan, and to carry out the purposes identified in
Minn. Stat. § 103B.201 and the other provisions of the Act. The plan and programs shall
operate within the boundaries of the West Mississippi Watershed as identified in the
official map filed with the Minnesota Board of Soil and Water Resources. The most
current version of the official map defining the boundaries of the Watershed is
incorporated herein by reference. The boundaries of the Watershed are subject to change
utilizing the procedure set out in Minn. Stat. § 103B.225 as may be needed to better
reflect the hydrological boundaries of the Area.
1.3 Definitions. The definitions contained in Minn. Stat. § 103B.205 and Minn. R., part
8410.0020 are hereby adopted by reference, except that the following terms shall have
the meanings given them in this section.
(a) Act. “Act” means the Metropolitan Surface Water Management Program set out in
Minn. Stat. §§ 103B.201 to 103B.255.
(b) Alternate Commissioner. “Alternate Commissioner” means the person appointed
by a Member to serve as its alternate to represent the Member on the Board in the
absence or disability of its appointed Commissioner.
(c) Board. “Board” means the board of commissioners established by this Agreement
to manage and make decisions on behalf of the West Mississippi Watershed
Management Commission.
(d) Capital Improvement. “Capital Improvement” has the meaning given it in Minn.
R., part 8410.0020, subp. 3 and includes the purchase of capital equipment that
satisfies the eligibility criteria established by the Board for funding as a CIP Project.
(e) Capital Improvement Program. “Capital Improvement Program” has the meaning
given the term in Minn. Stat. § 103B.205, subd. 3.
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(f) CIP Project. “CIP Project” means a planned Capital Improvement that is part of
the Commission’s Capital Improvement Program, is set out in its Water
Management Plan, and is eligible for funding by the Commission.
(g) City Council. “City Council” means the city council of a Member to this
Agreement.
(h) Commission. “Commission” means the watershed management organization
established by this Agreement in accordance with the Act, the full name of which
is the “West Mississippi Watershed Management Commission.”
(i) Commissioner. “Commissioner” means the person appointed by a Member as its
primary representative on the Board.
(j) County. “County” means Hennepin County, Minnesota.
(k) Local Water Plan. “Local Water Plan” means the local water management plan
each Member is required to develop and have reviewed as provided in Minn. Stat.
§ 103B.235 and Minn. R., part 8410.0160.
(l) Member. “Member” means a city that is a signatory to this Agreement and is
identified in section 2.1 of this Agreement.
(m) Non-CIP Project. “Non-CIP Project” means a project undertaken by a Member or
the Commission pursuant to this Agreement that does not qualify as a CIP Project
and is not part of the projects included in the amount certified to the County to be
included in the County’s levy. Examples of Non-CIP Projects include, but are not
limited to, research projects, feasibility studies, water quality projects, maintenance
projects.
(n) TAC. “TAC” means the Technical Advisory Committee established by the Board
and that is made up of a representative each Member, as appointed by the Member.
(o) Watershed. “Watershed” means the West Mississippi Watershed, which includes
the area contained within a line drawn around the extremities of all terrain whose
surface drainage is tributary to West Mississippi and within the mapped areas
delineated on the map filed with the Minnesota Board of Water and Soil Resources
pursuant to the Act.
(p) Watershed Management Plan. “Watershed Management Plan” means the plan
developed and adopted in accordance with the Act, including all amendments and
updates.
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SECTION II
MEMBERSHIP
2.1 Members. The following local government units are Members of the Commission: City
of Brooklyn Center, City of Brooklyn Park, City of Champlin, City of Maple Grove, and
the City of Osseo.
2.2 Effect of Changes. No change in governmental boundaries, structure, or organizational
status shall affect the eligibility of any local government unit listed above to be
represented on the Commission, so long as such local government unit continues to exist
as a separate political subdivision.
SECTION III
BOARD OF COMMISSIONERS
3.1 Establishment. The Members hereby reaffirm the establishment and continued operation
of the “West Mississippi Watershed Board of Commissioners” in accordance with the Act.
The Board shall carry out the purposes and have the powers as provided herein.
3.2 Board Appointments. The Commission is governed by the Board, which is comprised of
nine Commissioners appointed by the Members. Each party to this Agreement is a
Member of the Board and shall determine the eligibility and qualifications of its
representative on the Board.
(a) Commissioner. Each Member is responsible for appointing one person to serve as
its representative (“Commissioner”) on the Board. Each Member is responsible
for publishing a notice of a vacancy, whether resulting from expiration of its
Commissioner position or otherwise, as required in Minn. Stat. § 103B.227, subd.
2. Each Commissioner shall have one vote on the Board and must be present to
vote. The authority of a Commissioner to vote shall be suspended if the
appointing Member is delinquent in making any payments due to the
Commission. The voting authority of the Commissioner shall be restored once the
Member pays all past due amounts.
(b) Alternate Commissioner. Each Member may also appoint one Alternate
Commissioner (“Alternate Commissioner”) to the Board in the same manner
required to appoint a Commissioner. The Alternate Commissioner may attend all
meetings and speak during the public input portion of the meeting, but is only
authorized to vote at a Board meeting in the absence or disability of the
appointing Member’s Commissioner. If the absent Commissioner is also an
officer of the Board, the Alternate Commissioner shall not be entitled to serve as
such officer. If necessary, the Board may select a current Commissioner to
temporarily undertake the duties of the absent officer.
(c) Term. The term of each Commissioner and Alternate Commissioner shall be
three years commencing on February 1st. The terms are staggered so that no more
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than three Commissioners are up for appointment in a single year. The
Commissioners from the Cities of Brooklyn Center and Brooklyn Park are
appointed in the same year; the Commissioners from the Cities of Champlin and
Maple Grove are appointed in the same year; and the Commissioners from the
Cities of Minneapolis and Osseo are appointed in the same year. A
Commissioner and an Alternate Commissioner shall serve until their successors
are selected and qualify, unless they resign or are removed earlier as provided
herein.
(d) Notices. A Member shall provide the Commission written notice of its
appointments, including the resolution making the appointments or a copy of the
minutes of the meeting at which the appointments were made. The Commission
shall notify BWSR of appointments and vacancies within 30 days after receiving
notice from the Member. Members shall fill all vacancies within 90 days after the
vacancy occurs.
(e) Vacancy. A Member shall notify the Commission in writing within 10 days of
the occurrence of a vacancy in its Commissioner or Alternate Commissioner
positions. The Commission will notify BWSR of the vacancy within 30 days of
receiving the notice of a vacancy as required by Minn. Stat. § 103B.227, subd. 1.
The Member shall publish notice of the vacancy at least once in its official
newspaper as required by Minn. Stat. § 103B.227, subd. 2. The notices must state
that those interested in being appointed to serve on the Commission may submit
their names to the Member for consideration. The notice must be published at
least 15 days before the Member’s City Council acts to fill the vacancy. The City
Council must make the appointment within 90 days from the occurrence of the
vacancy. The Member shall promptly notify the Commission of the appointment
in writing. The appointed person shall serve the unexpired term of the position.
(f) Removal. The City Council of a Member may remove its Commissioner for just
cause as provided in Minn. Stat. § 103B.227, subd. 3 and in accordance with
Minn. R., part 84100.0040. If a Commissioner is an elected official, or is an
appointed official serving an indefinite term at the pleasure of the City Council,
the City Council may remove the person at will, including if the person is not
reelected. A Member may remove its Alternate Commissioner without cause.
The Member shall notify the Board of the removal in writing within 10 days of
acting to remove the Commissioner. The Commission shall notify BWSR of the
vacancy within 30 days of receiving notice of the removal. The City Council
shall act to fill the vacancy created by the removal within 90 days as provided in
this Agreement.
3.3 Compensation and Expenses. Commissioners and Alternate Commissioners shall serve
without compensation from the Commission. Commission funds may, but are not
required to, be used to pay or reimburse the attendance fee for Commissioners and
Alternate Commissioners to attend an in-state educational conference related to the
Commission’s business if authorized by the Board in advance of the conference. Other
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expenses associated with attending a conference are not eligible for reimbursement by the
Commission. Nothing herein prohibits a Member from choosing, in its sole discretion
and cost, to compensate or reimburse the expenses of its Commissioner or Alternate
Commissioner.
3.4 Board Officers. Each year at its February meeting the Board shall elect from among its
Commissioners a Chair, Vice Chair, Secretary, and Treasurer. All such officers shall
hold office for a term of one year until their successors have been duly elected by the
Board. An officer may serve only while they remain a Member of the Board. A vacancy
in an officer position shall be filled by Board election for the remainder of the unexpired
term of such office.
3.5 Duties of Board Officers. The Chair shall serve as the presiding officer at Board
meetings, execute documents on behalf of the Board, sign checks, and perform other
duties and functions as may be determined by the Board. The Vice-Chair shall undertake
the duties of the Chair in the absence or disability of the Chair. The Secretary shall
maintain the records of the Commission, Board meeting minutes, ensure meetings are
properly noticed, countersign documents with the Chair, and perform such other duties as
assigned by the Board. The Secretary may delegate one or more specific duties of the
position. The Treasurer shall oversee the Commission’s budget and finances, sign checks,
and perform such other duties as assigned by the Board.
3.6 Quorum. A majority of the Commissioners shall constitute a quorum. Less than a
quorum may adjourn a scheduled meeting. A simple majority of a quorum is required for
the Board to act unless a higher number of votes is required by law or this Agreement. A
Board vacancy or the suspension of voting rights as provided herein shall temporarily
reduce the number of Commissioners required for a quorum.
3.7 Meetings. The Board shall conduct meetings in accordance with the Minnesota Open
Meeting Law (Minn. Stat., chap. 13D) and this section.
(a) Regular Meetings. The Board shall develop a schedule of its regular meetings.
The Board shall post the schedule on the Commission’s website and provide a
copy to each Member. The Secretary shall maintain a copy of the schedule of
regular meetings. The Chair and Vice-Chair may cancel a meeting due to a lack of
business items. The Secretary shall make a good faith effort to notify
Commissioners of a meeting cancellation.
(b) Special Meetings. The Board may hold such special meetings as it may determine
are needed to conduct the business of the Commission. A special meeting may be
called by the Chair or by any two Commissioners. The Secretary shall post and
provide notice of special meetings to the Commissioners. Emailing notices to
Commissioners shall constitute sufficient notice under this Agreement.
(c) Annual Meeting. The February Board meeting shall constitute the annual meeting
of the Commission.
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(d) Rules of Procedure. The Board shall conduct its meetings generally in
accordance with the procedures set out in the most current version of Robert’s
Rules of Procedure without requiring strict conformance to its requirements. The
Board may modify such rules as it determines is appropriate to facilitate the
conducting of its business or adopt a different set of rules for its meetings. The
Board may amend its rules from time to time as it determines is appropriate upon
a majority vote of all Commissioners. The Board may also waive one or more
specific rules as it determines are necessary to facilitate the conducting of its
business. Voting and statutory requirements are not waivable.
SECTION IV
POWERS AND DUTIES OF THE BOARD
4.1 Powers. The Board is authorized to exercise the powers in this section to carry out the
purposes of the Commission.
(a) Powers Granted. The Board shall have the following powers.
(1) It may contract with or employ such persons or entities as it deems
necessary to accomplish its duties and powers. Any employee may be on a
full-time or part-time basis as the Board determines. Such employees and
contracted consultants shall be considered Commission staff.
(2) It may contract for space, materials, supplies, and services to carry on its
activities.
(3) It may acquire necessary personal property to carry out its powers and its
duties.
(4) It shall prepare, adopt, implement in accordance with this Agreement, and
update a Watershed Management Plan that satisfies the requirements of
Minn. Stat. § 103B.231. The Watershed Management Plan shall address
all items required by applicable laws and rules. In preparing said plan, the
Board may consult with the engineering and planning staff of each
Member and the Metropolitan Council and other public and private bodies
to obtain and consider projections of land use, population growth, and
other factors which are relevant to the improvement and development of
the Watershed.
(5) It shall develop and adopt a capital improvement program as part of the
Watershed Management Plan. The Board shall determine which projects
to include in the capital improvement program.
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(6) It may undertake projects, including those provided in its capital
improvement program, in accordance with the Watershed Management
Plan and this Agreement. It may acquire a temporary interest in real
property if required to facilitate a project.
(7) It shall make necessary surveys or utilize other reliable surveys and data
and develop projects to accomplish the purposes for which the
Commission is organized.
(8) It may cooperate or contract with the State of Minnesota, any political
subdivision thereof, federal agency, or private or public organization to
accomplish the purposes for which it is organized.
(9) It shall regulate, conserve, and control the use of storm and surface water
and groundwater within the Watershed.
(10) It may contract for or purchase such insurance as the Board deems
necessary for the protection of the Commission.
(11) It may acquire, establish, and maintain devices acquiring and recording
hydrological and water quality data within the Watershed. Devices
acquired by the Board are owned by the Commission and shall be made
available for use by Members as the Board determines is reasonable.
(12) It may enter upon lands within or without the watershed to make surveys
and investigations to accomplish the purposes of the Commission. The
Commission shall be liable for actual damages resulting therefrom but
every person who claims damages shall serve the Chair or Secretary of the
Board with a Notice of Claim as required by Minn. Stat. § 466.05.
(13) It shall provide any Member with technical data or any other information
of which the Commission has knowledge which will assist the Member in
preparing land use classifications or local water management plans within
the Watershed.
(14) It may provide legal and technical assistance in connection with litigation
or other proceedings between one or more of its Members and any other
political subdivision, commission, board, or agency relating to the
planning or construction of facilities to drain or pond storm waters or
relating to water quality within the Watershed. The use of Commission
funds for litigation shall be only upon a favorable vote of a majority of the
eligible votes of the then existing Members of the Commission. Such a
vote is not required for the Board to expend Commission funds in the
defense of a suit brought against the Commission or its Commissioners, in
accordance with applicable laws, to the extent such costs are not paid by
the Commission’s insurer.
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(15) It may accumulate reserve funds for the purposes herein mentioned and
may invest funds of the Commission not currently needed for its
operations, in the manner and subject to the laws of Minnesota applicable
to statutory cities.
(16) It may collect monies, subject to the provisions of this Agreement, from its
Members, the County, and from any other source approved by a majority
of its Board. The Board may accept gifts and seek and accept grants.
(17) It may make contracts, incur expenses, and make expenditures necessary
and incidental to the effectuation of these purposes and powers and may
disburse therefor in the manner hereinafter provided.
(18) It shall cause to be made an annual audit of the books and accounts of the
Commission by a certified public accountant or the State Auditor, and
shall transmit a copy of the annual audit to each Member, all in
compliance with the requirements of M.R., part 8410.0150.
(19) Its books, reports, and records shall be available for and open to inspection
by the Members at all reasonable times.
(20) It may recommend changes in this Agreement to the Members.
(21) It may exercise all other powers necessary and incidental to the
implementation of the purposes and powers set forth herein and as
outlined and authorized by the Act and such other law as may apply.
(22) It shall cooperate with the applicable state agencies in complying with the
requirements of Minn. Stat., chap. 103G.
(23) Each Member reserves the right to conduct separate or concurrent studies
on any matter under study by the Commission.
(24) It may define and designate subtrunk and subdistricts within the
watershed, and shall have authority to separate the watershed into different
subtrunks and subdistricts, and to allocate capital improvement costs to a
subtrunk or subdistrict area if that district is the only area that benefits
from the capital improvement.
(25) It shall establish a procedure for establishing citizen or technical advisory
committees and to provide other means for public participation.
(b) Powers Reserved. The Board shall not have any of the powers identified in this
paragraph. Expressly identifying specific powers reserved to the Members is not
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intended to expand, by negative implication, the powers granted above to the
Board.
(1) Eminent Domain. The Commission does not have the power of eminent
domain. Any easements or other interests in land necessary to be acquired
for an Improvement Project shall be acquired as provided below.
(2) Real Property. The Commission shall not own any interest in real
property. All interests in lands shall be held in the name of the Member
wherein said lands are located. This provision does not prohibit the
Commission from acquiring a temporary interest in real estate as needed
to conduct studies, undertake a project, or to otherwise carry out its duties.
(3) Bonding. The Commission does not have the power to issue certificates,
warrants, or bonds.
(4) Special Assessments. The Commission shall not have the power to levy a
special assessment upon any privately or publicly owned land. All such
assessments shall be levied by the Member wherein said lands are located.
It shall have the power to require any Member to contribute the costs
allocated or assessed according to the other provisions of this Agreement.
(5) Land Use Regulations. The Commission shall not have the authority to
regulate the use and development of land under Minn. Stat. § 103B.211,
subd. 1(a)(3).
4.2 Collection or Diversion of Waters. Each Member agrees that it will not directly or
indirectly collect or divert any additional surface water to West Mississippi or its
tributaries without a project review by the Commission in accordance with the Water
Management Plan. A Member may proceed with the construction or reconstruction of
improvements within the individual Members' boundaries, and at its sole cost, upon the
Board finding:
(a) That there is an adequate outlet;
(b) The construction is in conformance with the overall plan; and
(c) The construction will not adversely affect other Members of this Agreement.
4.3 Local Water Plans.
(a) Development. Each Member agrees to develop and maintain a Local Water Plan,
capital improvement program, and official controls as necessary to bring local
water management into conformance with the Watershed Management Plan. The
development and implementation of Local Water Plans shall conform with all
requirements of the Act, including Minn. Stat. § 103B.235 and Minn. R., part
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8410.0160. In accordance with the Act, the Board shall approve or disapprove
each local plan or any parts of each plan. The Members understand that the
Watershed Management Plan, including the Commission’s capital improvement
program, must consist of local parts and therefore every effort shall be made by
the Commission and all Members to coordinate local plans with the Watershed’s
overall plan, including planning for local plans at the same time the Watershed’s
overall plan is being developed.
(b) Review. Each Member shall submit its proposed Local Water Plan to the
Metropolitan Council and the Board for review as required by Minn. Stat. §
103B.235. The Board shall consider any comments on the Local Water Plan
received from the Metropolitan Council and shall act on said plans in accordance
with the Act.
4.4 Pollution Control and Water Quality. The Commission shall have the authority and
responsibility to protect and improve water quality in the Watershed as this is one of the
main purposes set forth in the Act. All Members agree that they will refuse to allow the
drainage of sanitary sewage or industrial pollutants onto any land or into any watercourse
or storm sewer draining into the Watershed. The Board may investigate on its own
initiative, or request a Member to investigate, a complaint relating to pollution of surface
water or groundwater draining into or affecting the Watershed. If the Board determines
the Watershed is being polluted by an identifiable source, the Board may order the
Member to abate this nuisance and each Member agrees that it will take all reasonable
action available to it under the law to alleviate the pollution and to assist in protecting and
improving the water quality of surface water and groundwater in the Watershed.
4.5 Boundary Changes. Any changes to the boundaries of the watershed shall be undertaken
in accordance with Minn. Stat. § 103B.215.
SECTION V
PROJECTS
5.1 Capital Projects and Non-Capital Projects. The Board may undertake, in conformity with
this Agreement, Non-CIP Projects and CIP Projects. CIP Projects typically involve
entering into a cooperative agreement with a Member, which has the Member assuming
responsibility for letting the contract and overseeing construction of the project.
5.2 Process for Non-CIP Projects. The Board may initiate and undertake a Non-CIP Project
upon a majority vote of all eligible Commissioners. If a Non-CIP Project is for a
research project, feasibility study, or the like, the Board may proceed on its own. In such
instances, the Commission may, with the approval of the Board, contract in its own name
to complete such projects. If the Non-CIP Project is for implementation of a research
project or study, a water quality project, maintenance, or the like, then the Board may
only proceed in cooperation with the Member(s) where such projects will take place. In
such instances, The Commission may contract in its own name to complete such projects
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or enter into a cooperative agreement with a Member to have the Member undertake the
project on its own or in cooperation with the Commission.
5.3 Process for CIP Projects. The process for undertaking a CIP Project is as follows.
(a) Initiation. A CIP Project may be proposed by a Member or by the Board based on
subwatershed assessments, lake/stream resource assessments, inspections, or a
particular need or issue identified by a Member or the Board. A proposed project
shall be submitted to the TAC and the Board to determine if there is sufficient
support to proceed to a feasibility study.
(b) Feasibility Study. If requested by the Board, the Commission Engineer, or other
engineering firm, shall study the feasibility of a proposed CIP Project and report
its findings to the TAC and the Board. The report shall include an opinion of
probable cost and how the project would be funded. The Board shall consider the
feasibility study and decide whether to proceed with the proposed project.
(c) Plan Amendments. Proposed CIP Projects are amended into and made part of the
Watershed Management Plan. The process the Commission must undertake to
amend a CIP Project into the Watershed Management Plan depends on whether it
constitutes a minor plan amendment or a major plan amendment as described
below.
(1) Minor Plan Amendment. The addition of a proposed CIP Project to the
Watershed Management Plan typically constitutes a minor plan amendment
that can be accomplished following the process set out in the Watershed
Management Plan and Minn. R., part 8410.0140, subpart 2. A public hearing
is not required for a minor plan amendment.
(2) Major Plan Amendment. If a proposed amendment does not qualify as a
minor amendment, the Commission must undertake the major plan
amendment process to add the CIP project to the Watershed Management
Plan. The major plan amendment process is set out in the amendment section
of the Watershed Management Plan, Minn. Stat. § 103B.231, subd. 11, and
Minn. R., part 8410.0140. The public hearing required under Minn. Stat. §
103B.231, subds. 11 & 7(c) for a major plan amendment may be held in
conjunction with the public hearing required to request the County to levy
funds for the project under Minn. Stat. § 103B.251, subds. 3 & 4, provided the
requirements of both procedures can be satisfied at the single hearing.
(d) Public Hearing. If the Board proposes to pay any portion of a CIP Project with
funds to be raised through a County levy under Minn. Stat. § 103B.251, the Board
must call and conduct a public hearing as provided in the statute and this
paragraph. A public hearing is not required if the CIP Project is funded entirely
from funds on hand, grants, or a combination thereof, and does not require the
Board to certify any project costs to the County to be levied under Minn. Stat. §
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103B.251. When a public hearing is required, it shall be conducted in
accordance with the following.
(1) Calling. The Board must act by motion or resolution to call a public hearing
on the proposed CIP Project. The Board shall set the date, time, and place
for the public hearing.
(2) Notice. The Board shall provide notice of the public hearing in accordance
with Minn. Stat. § 103B.251, subd. 3.
(3) Conducting. The Board shall conduct the public hearing at the scheduled
date, time, and place to hear from the public and to consider the proposed
CIP Project. Prior to taking public comment, the Commission Engineer
shall provide a brief overview of the proposed CIP Project, an estimate of
project cost, and a description of how the project will be funded.
(4) Board Decision. Once the public input portion of the public hearing is
closed, the Board shall discuss and decide whether to approve the proposed
CIP Project. The Board shall act by resolution to approve a CIP Project,
which shall require a favorable vote by two-thirds of all eligible votes of the
then existing Commissioners. The resolution shall, at minimum, order the
project, identify the responsible engineer, identify the Member responsible
for letting the contract and overseeing construction, set out the estimated
cost and funding sources, authorize the Commission to enter into a
cooperative agreement with the responsible Member, and certify a levy to
the Hennepin County Auditor for the amount to be levied by the County for
the project.
5.4 Responsible Member.
(a) Member Projects. The Board shall work with Members to facilitate the
completion of specific Non-CIP Projects and CIP Projects within their
jurisdictional boundaries in accordance with the Watershed Management Plan.
For any project that will be constructed by one or more Members and reimbursed
by the Commission, to the extent authorized by the Board, the Member(s)
responsible for implementing the project and the Board shall negotiate a
cooperative agreement, in good faith, providing for terms and conditions related
to the project and any such reimbursement. If any portion of the project is funded
by a grant obtained by the Commission, the cooperative agreement shall include a
subgrant agreement requiring the responsible Member to be responsible for
complying with the applicable terms and conditions of the grant agreement. The
terms of this paragraph shall also apply to any Commission project that may be
constructed by any other entity, public or private, if construction by such entities
is deemed appropriate by the Commission.
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(b) Commission Projects. The Commission, if approved by the Board, is authorized
to undertake and contract for a CIP Project that is not required to be let by sealed
bid under Minn. Stat. § 471.345. Such contracts shall be let in the Commission’s
name and must be in accordance with the Watershed Management Plan and all
applicable laws and regulations related to public procurement and contracting.
Approval of Commission contracts for CIP Projects shall require a favorable vote
by two-thirds of all eligible votes of then existing Commissioners.
5.5 Contracts for Improvements.
(a) Letting Contracts. All contracts for projects ordered by the Commission shall
comply with the requirements of laws applicable to contracts let by the respective
Member making such contract. The Commission shall not have the authority to
contract in its own name for any work for which a special assessment will be
levied against any private or public property under the provisions of Minn. Stat.,
chap. 429 or any city charter, and such contracts shall be awarded by action of the
City Council of a Member and shall be in the name of said Member. This
subsection shall not preclude the Commission from proceeding under Minn. Stat.
§ 103B.251 or from otherwise proceeding under this Agreement for projects that
will not be specially assessed under Minn. Stat., chap. 429.
(b) Contract Administration. All improvement contracts will be duly supervised by
the Member awarding the contract, provided, however, that the Commission shall
be authorized to observe and review the work in progress and the Members agree
to cooperate with the Commission staff in accomplishing the purposes of this
Commission. Representatives of the Commission shall also have the right to
enter upon the place or places where any improvement work is in progress for the
purpose of making reasonable tests and inspections. Commission staff shall
report, advise, and recommend to the Board on the progress of said work.
5.6 Land Acquisition. Because the Commission does not have the power to acquire real
property, the Members agree that any and all permanent easements or interests in land
which are necessary for any project will be negotiated or condemned in accordance with
all applicable laws by the Member wherein said lands are located, and each Member
agrees to attempt to acquire the necessary easements or interests in such land upon order
of the Commission to accomplish the purposes of this Agreement. All reasonable costs of
said acquisition shall be considered as a cost of the respective improvement. If a Member
determines it is in the best interests of that Member to acquire additional lands in
conjunction with the taking of lands for the Commission-ordered improvement, or for
some other purpose, the costs of said acquisition will not be included in the improvement
costs of the ordered project. The Board in determining the allocation of the improvement
costs may take into consideration the land use for which said additional lands are being
acquired and may credit the acquiring Member for said land acquisition to the extent that
it benefits the other Members of this Agreement. Any credits may be applied to the cost
allocation of the improvement project under construction or the Board, if feasible and
necessary, may defer said credits to a future project.
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5.7 CIP Project Funding.
(a) Member Contributions. The Member responsible for constructing a CIP Project,
together with any other identified benefiting Members, shall contribute toward the
project such amounts as identified in the Board’s resolution ordering the project
and in accordance with the terms of the cooperative agreement entered into for the
project.
(b) Commission Contributions. The Commission shall contribute toward the project
such amounts as identified in the Board’s resolution ordering the project and in
accordance with the terms of the cooperative agreement entered into for the project.
The contribution from the Commission may include grant funds it has received for
the project. In such cases, the Board and the responsible Members enter into a
subgrant agreement, which may be part of the cooperative agreement, setting out
the obligations of the Member to ensure compliance with the gran requirements.
The Commission’s contribution is in addition to any amounts contributed by
Members or other private or public entities. If the Commission’s contribution is
dependent on an amount to be levied by the County, the contribution is contingent
on the Commission receiving such amount from the County.
(c) Maintenance Levy. The Commission may establish a maintenance fund to be used
for normal and routine maintenance of a work of improvement constructed in whole
or part with money provided by Hennepin County. As provided in Minn. Stat. §
103B.251, subd. 9, the Board may impose, with the County’s consent, an ad
valorem levy on all property located within the territory of the Watershed or a
subwatershed unit. The levy shall be certified, levied, collected, and distributed as
provided in Minn. Stat. §§ 103D.915 and 103D.921, as amended, and shall be in
addition to any other money levied and distributed by the County to the
Commission. Mailed notice of any hearing required under the aforementioned
statutes shall be sent to the clerk of each Member municipality at least 30 days prior
to the hearing. The proceeds of said maintenance levy shall be deposited in a
separate maintenance and repair account to be used only for the purpose for which
the levy was made.
5.8 Cost Allocation for CIP Projects. All capital costs incurred by the Commission shall be
apportioned to the respective Members on any of the following bases.
(a) County Levy. If the project is constructed and financed pursuant to Minn. Stat. §
103B.251, the Members understand and agree that said costs will be levied on all
taxable property in the Watershed as set forth in said statute.
(b) Negotiated Amount. A negotiated amount to be arrived at by the Members who
have lands in the subdistrict responsible for the capital improvement.
(c) Tax Capacity and/or Total Area.
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(1) Fifty percent of all capital costs or the financing thereof shall be apportioned
to each Member on the basis of the net tax capacity of each Member within
the boundaries of the Watershed each year to the total net tax capacity in
the Watershed.
(2) Fifty percent of all capital costs or the financing thereof shall be apportioned
to each Member on the basis of the total area of each Member within the
boundaries of the Watershed each year to the total area in the Watershed.
(3) Capital costs allocated under the 50% area/50% net tax capacity formula set
forth above may be varied by a two-thirds vote of the Commission if:
(i) any Member community receives a direct benefit from the capital
improvement which benefit can be defined as a lateral as well as a
trunk benefit, or
(ii) the capital improvement provides a direct benefit to one or more
Members which benefit is so disproportionate as to require in a sense
of fairness a modification in the 50/50 formula.
(4) Any credits to due a Member for lands acquired by said Member to pond or
store storm and surface water as provided herein shall be allowed against
costs due under this section.
5.9 Emergency Projects. The Commission may perform emergency projects in accordance
with Minn. Stat. § 103B.252.
SECTION VI
FINANCES
6.1 Generally.
(a) Authority. The Commission funds may be expended by the Board in accordance
with this Agreement and in accordance with the procedures as established by law
and in the manner as may be determined by the Board.
(b) Funds. The Commission shall have a general fund and may establish such other
funds and accounts as it may determine are needed. The Commission has
established a Capital Improvement Program Closed Project Account into which
any levied funds remaining after the completion of a CIP Project are placed.
Funds in the CIP Closed Project Account shall only be expended in accordance
with a policy adopted by the Board for an authorized purpose.
17
(c) Disbursements. In no event shall there be a disbursement of Commission funds
without the signature of at least two Board officers, one of whom shall be the
Treasurer or the Treasurer’s authorized deputy.
(d) Treasurer Bond. The Treasurer shall be required to file with the Secretary of the
Board a bond in the sum of at least $10,000 or such higher amount as shall be
determined by the Board. The Commission shall pay the premium on said bond.
(e) Depository. The Board shall designate one or more national or state bank or trust
companies, authorized by Minn. Stat., chaps. 118A and 427, or such other law as
may apply, to receive deposits of public moneys and to act as depositories for the
Commission funds.
6.2 Commission’s General Fund. The Commission’s general fund is funded by an annual
contribution from each Member and is used to pay for general administration purposes
including, but not limited to, salaries, rent, supplies, development of the Watershed
Management Plan, engineering and legal expenses, insurance, and bonds, and to purchase
and maintain any personal property deemed necessary by the Commission in furtherance
of its purposes and powers as articulated in this Agreement. Said funds may also be used
for normal maintenance of any facilities, but any extraordinary maintenan ce or repair
expense shall be treated as an improvement cost and processed in accordance with the
provisions for CIP Project funding under this Agreement. The annual contribution by
each Member shall be based fifty percent (50%) on the net tax capacity of all property
within the Watershed and fifty percent (50%) on the basis of the total area of each
Member within the boundaries of the Watershed each year to the total area in the
Watershed.
6.3 Operating Budget. The Board shall annually prepare, adopt, and submit an annual
operating budget as provided in this section.
(a) Adoption. On or before July 1 of each year, the Board shall adopt a detailed
budget for the ensuing year and decide upon the total amount necessary for the
Commission’s general fund. Budget approval shall require a favorable vote by a
majority of all eligible votes of the then existing Commissioners.
(b) Budget Cap. The total operating budget amount, excluding any grants, in a year
shall not exceed the budget cap established as part of the prior joint powers
agreement and that has been adjusted each year based on the consumer price
index. The original budget cap was established in 2004 at $262,750 and has been
modified each year since based, pro rata, on the annual change in the consumer
price index (U.S. City Average, All Items, All Urban Consumer) to the end of the
second quarter of the preceding year. In 2024, the budget cap was $446,740. The
budget cap shall continue to be calculated each year by the Administrator and the
operating budget prepared by the Commission for a year shall not exceed the
budget cap calculated for that year. The only way the Commission’s operating
budget may exceed the budget cap is if a majority of all the Members expressly
18
consent to the proposed operating budget exceeding the cap. If a proposed
operating budget that exceeds the budget cap is not consented to by a majority of
Members, the Commission must adjust its final operating budget so it does not
exceed the budget cap.
(c) Funding. The Commission’s annual operating budget is funded by an annual
assessment placed on the Members, subject to certain caps, as provided herein.
(d) Caps on Member Assessments. The amount annually assessed each Member to
fund the operating budget shall not exceed the following caps, unless authorized
as provided herein.
(1) Percentage Cap. The amount to be assessed Members under the proposed
budget shall not exceed 120% of the amount assessed Members under the
previous year’s budget, unless the City Council of each Member adopts a
resolution approving the increase.
(2) Tax Capacity Cap. The amount of a Member’s annual contribution to the
operating budget shall not exceed one-half of one percent of the net tax
capacity of the Member’s total area located within the Watershed.
(e) Budget Certified to Members. On or before July 1st, the Secretary or the
Commission Administrator shall certify the operating budget to the clerk of each
Member, together with a statement of the proportion of the budget to be assessed
and paid by each Member. If the proposed operating budget results in any of the
caps established herein being exceeded, the budget sent to the Members for
review must be accompanied by a letter clearly notifying the Members of the cap
being exceeded, the reasons for the proposed exceedance, and the Member
approval required to approve the proposed budget. If the approvals required
herein to exceed the cap are not obtained, the total budget or assessment amount
shall not exceed the capped amount.
(f) Member Review. The City Council of each Member agrees to review the
proposed budget provided by the Commission. If any Member has any
objections, they must submit them in writing to the Board prior to August 1.
Upon the receipt of any such written objections, the Board shall set a date to hear
the Member’s objections and shall provide all Members notice of the hearing and
a copy of the written objections. After hearing the objections, the Board may
modify, amend, or affirm the proposed budget by majority of all eligible votes of
the then existing Commissioners.
(g) Finalized. The proposed operating budget shall be considered final if no Member
files an objection by August 1st. If a timely objection is received, the Board shall
act to finalize the operating budget after conducting a hearing on the objections.
The Board shall provide a copy of the final operating budget to each Member. If
19
there are objections, the Board shall include its findings and decision regarding
such objections with the final operating budget.
6.4 Supplemental Budget.
(a) Insufficient Funds. If the Board determines it will not have sufficient funds in the
Commission’s general fund to pay its obligations or to otherwise fund
Commission operations in the present year, the Board ma y adopt a supplemental
budget to raise additional funds as provided herein.
(b) Public Hearing. The Board shall call a public hearing on the proposed
supplemental budget and provide at least 10 days’ written notice of the hearing,
together with a copy of the proposed supplemental budget, to each Member.
(c) Adoption. After conducting the public hearing, the Board may adopt the
supplemental budget by a favorable vote of a majority of all eligible votes of the
then existing Commissioners. The Board shall notify each Member of the
adopted supplemental budget and the amount of additional assessment to be paid
by each Member.
(d) Cap. In no case may a supplemental budget cause the total operating budget to
exceed either cap established in the “Caps on Member Assessments” paragraph
above. The total operating budget shall not exceed the budget cap identified
above unless it is approved by a majority of all the Members.
(e) Additional Assessment. Members agree to pay their additional assessment to the
Commission within 60 days of adoption of the supplemental budget.
6.5 Default. Any Member who is more than 60 days in default in contributing its share to the
operating budget or to a CIP Project shall have the vote of its Commissioner suspended
pending the payment of its proportionate share. Any Commissioner whose vote is under
suspension shall not be considered for the purposes of determining a quorum or for
determining the sufficiency of a vote.
SECTION VII
TERMINATION AND DISSOLUTION
7.1 Termination. This Agreement may be terminated prior to January 1, 2045 by the
unanimous consent of the Members. If the Agreement is to be terminated, a notice of the
intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources
and to Hennepin County at least 90 days prior to the date of dissolution.
7.2 Dissolution. In addition to the manner provided herein for terminating this Agreement,
any Member may petition the Board to dissolve the Agreement. Upon 90 days notice in
writing to the clerk of each Member governmental unit and to the Board of Water and
Soil Resources and to Hennepin County, the Board shall hold a hearing and upon a
20
favorable vote by a majority of all eligible votes of then existing Commissioners, the
Board may by Resolution recommend that the Commission be dissolved. Said Resolution
shall be submitted to each Member governmental unit and if ratified by three-fourths of
the City Councils of all eligible Members within 60 days, said Board shall dissolve the
Commission allowing a reasonable time to complete work in progress and to dispose of
personal property owned by the Commission.
7.3 Distribution of Assets. If this Agreement is terminated and not replaced with a new
agreement providing for the continued operation of the Commission, or if the
Commission is dissolved, all property of the Commission shall be sold and the proceeds
thereof, together with monies on hand, shall be distributed to the eligible Members of the
Commission. Such distribution of Commission assets shall be made in proportion to the
total contribution to the Commission as required by the last annual budget.
SECTION VIII
MISCELLANEOUS PROVISIONS
8.1 Term. This Agreement shall be effective as of January 1, 2025 and shall remain in effect
until January 1, 2045, unless terminated earlier as provided herein. The Members may
agree to continue this Agreement as the preferred method for addressing their obligation
to address surface water issues under law.
8.2 Mediation. The Members agree that any controversy that cannot be resolved between
Members shall be submitted to mediation. Mediation shall be conducted by a mutually
agreeable process by all Members. If the Members are not able to mutually agree on a
mediator, the party and the Board shall each select a mediator and the two mediators shall
select a third. Each party to the mediation shall be responsible for the cost of the
mediator it selected and shall share equally in the costs of the mediation and of the third
mediator.
8.3 Data Practices. The Commission shall comply with the requirements of Minnesota
Statutes, chapter 13, the Minnesota Government Data Practices Act (“Act”). Any entity
with which the Commission contracts is required to comply with the Act as provided in
Minn. Stat. § 13.05. The contractor shall be required to notify the Board if it receives a
data request and to work with the Commission to respond to it.
8.4 Amendments. The Board may recommend changes and amendments to this Agreement
to the governing bodies of the Members. Amendments shall be adopted by all governing
bodies of the Members. Adopted amendments shall be evidenced by appropriate
resolutions or certified copies of meeting minutes of the governing bodies of each party
filed with the Board and shall, if no effective date is contained in the amendment, become
effective as of the date all such filings have been completed.
8.5 Waiver. The delay or failure of any party of this Agreement at any time to require
performance or compliance by any other party of any of its obligations under this
21
Agreement shall in no way be deemed a waiver of those rights to require such
performance or compliance.
8.6 Headings and Captions. The headings and captions of these paragraphs and sections of
this Agreement are included for convenience or reference only and shall not constitute a
part hereof.
8.7 Entire Agreement. This Agreement, including the recitals and the official boundary map
(which are incorporated in and made part of this Agreement), contains the entire
understanding among the Members concerning the subject matter hereof. This
Agreement supersedes and replaces the prior joint powers agreement among the
Members regarding the Commission and such prior agreement is hereby terminated. Any
outstanding obligations of the Members under the prior agreement are not affected by the
termination and shall be continued under this Agreement.
8.8 Examination of Books. Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books,
records, documents, and accounting procedures and practices of the Board are subject to
examination by the State.
8.9 Governing Law. The respective rights, obligations, and remedies of the Members under
this Agreement and the interpretation thereof shall be governed by the laws of the State
of Minnesota which pertain to agreements made and to be performed in the State of
Minnesota.
8.10 Counterparts. This Agreement shall be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all of the Members hereto. Each
party to the agreement shall receive a fully executed copy of the entire document
following adoption by all Members.
8.11 Enforcement. Members agree to be bound by the determination of the Commission and
to agree to use their best efforts to carry out directives from the Commission; failure to
respond may result in a legal action by the Commission to require the Member to act
under a court order.
8.12 Notice. To the extend this Agreement requires a notice to be mailed to a Member, the
notice requirement may be satisfied by the Commission emailing the notice to its primary
contact for the Member.
8.13 Statutory References. All references to statutes in this Agreement include any
amendments made thereto and any successor provisions.
IN WITNESS WHEREOF, the Members have entered into this Agreement by action of
their respective governing bodies effective as of January 1, 2025.
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CITY OF BROOKLYN CENTER
Adopt on _______________________, 2024.
__________________________________
Mayor
Attest:________________________________
City Clerk
www.shinglecreek.org
Shingle Creek and West
Mississippi Watershed
Commissions
What do the Watershed
Commissions do?
We partner with cities, property owners, and
others to protect and improve lakes, streams,
and wetlands. The Watershed Commissions:
Monitor water quality in lakes
and streams
Set policy and standards
Support cities with their NPDES permits
Provide education and
outreach programming
Complete feasibility studies for
potential projects
Collaboratively implement water quality
and flood mitigation projects
Leverage grant funding and
partnerships to move projects forward
We are governed by citizen boards and
advised by a technical advisory committee of
key city staff.
What is the history of the
Commissions?
The Commissions’ roots go back to the early
1970s, when seven cities jointly funded the
Shingle Creek Basin Management Study. The
cities saw an opportunity in jointly managing
the watersheds through common standards,
water quality monitoring, and evaluations of
flooding potential. The Shingle Creek and West
Mississippi Watershed Management
Commissions (SCWM) were officially
established in 1984 after the 1982 Surface
Water Management Act required the Metro
area be divided into drainage areas. These
areas are under the planning and oversight of
watershed management organizations
(WMOs) based on drainage boundaries rather
than county or municipal boundaries.
Minnesota Statutes allowed cities to form
either a watershed district or a joint powers
commission. The cities did not wish to create
“another layer of government,” or more
importantly, another taxing body. The joint
powers type of organization was selected
because cities believed it provided the best
balance of watershed wide policies and
strategies while retaining flexibility and local
input at the lowest cost.
Why are Shingle Creek and West
Mississippi separate WMOs?
At the time the WMOs were established, the
landscape in the two watersheds was very
different. There are 16 lakes and several
streams in Shingle Creek, and the land was
more developed. The water resources in West
Mississippi were primarily wetlands, and there
were still agricultural lands. The cities decided
to establish separate watershed entities, but
over time with development they have become
more alike. Currently they operate as “sister”
organizations, planning and operating jointly
but maintaining their distinct identities.
Shingle Creek and West Mississippi
Watershed Member Cities
Brooklyn Center (SC and WM)
Brooklyn Park (SC and WM)
Crystal (SC only)
Champlin (WM only)
Maple Grove (SC and WM)
Minneapolis (SC only)
New Hope (SC only)
Osseo (SC and WM)
Plymouth (SC only)
Robbinsdale (SC only)
Read more about our accomplishments!
Water quality in the lakes has improved!
When evaluated in the early 2000s, 13 of the
16 lakes in the watershed did not meet state
water quality standards for nutrients and were
listed as “Impaired Waters,” with poor water
clarity, excessive algae blooms, and degraded
aquatic ecosystems. The Commission and
cities implemented plans of action and five of
those lakes now meet standards and have
been “delisted.” Several other lakes are
currently under active management and
improving.
Water quality in the streams has gotten
better…to a point.
Long-term monitoring shows nutrients and
sediment are improving in Shingle and Bass
Creeks, from a combination of stream
stabilization and other projects, better erosion
control and enhanced street sweeping.
Unfortunately, chloride concentrations from
road salt remain stubbornly high.
We’re partnering with other WMOs to
expand our reach and resources.
The West Metro Water Alliance (WMWA) is a
partnership between SCWM and Elm Creek
and Bassett Creek WMOs. WMWA pools
resources to offer education and outreach
throughout the four watersheds. A notable
program is Watershed PREP that provides
classroom instruction to fourth graders. Over
22,000 students have participated.
This education partnership was recently
expanded to include Hennepin County and the
Richfield-Bloomington WMO, who help fund a
shared education coordinator dedicated to
developing and delivering common messaging
and coordination.
What are some of these projects?
Over the last 10 years, the Commission was
awarded over $3.5 million in grants for water
quality improvement projects. The Commission
provided over $5 million in cost-share funds to
help cities undertake nearly 30 projects,
including the award-winning Becker Park
Infiltration Project in Crystal; channel
stabilization projects on Shingle Creek and
Bass Creek; alum treatments on Bass,
Pomerleau, Crystal and Meadow Lakes; carp
management on Crystal and Twin Lakes; and
a drawdown of Meadow Lake.
What’s coming up?
Some exciting city/watershed actions planned
or underway are:
Phosphorus load reductions in Eagle and
Pike Lakes in Maple Grove/Plymouth
Continued invasive carp management
in Crystal and Twin Lakes
Additional Shingle Creek stream
restoration projects in Brooklyn Park
and Minneapolis
Collaborative work toward Mississippi
Riverbank restorations in Brooklyn Park
Increased emphasis on reducing chloride
and bacteria pollution in our waters
An ongoing assessment of climate
vulnerabilities and resiliency actions
Enhanced outreach and engagement
with our increasingly more
diverse population
STATUS OF LAKES
Meet Standards:
•Schmidt
•Lower Twin
•Ryan
•Bass
•Pomerleau
Current Projects:
• Meadow
• Crystal
• Eagle
• Pike
More information can be found on
the Commissions’ website
www.shinglecreek.org.
C ouncil R egular M eeng
DAT E:11/25/2024
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:Krys-n Eldridge, A s s ociate P lanner
S U B J E C T:Res olu-on A ccep-ng F unding A ward of the H ennepin C ounty Trans it-O riented
C ommuni-es G rant A pplica-on - O pportunity S ite
Requested Council A con:
- Moon to approve a resoluon approving J oint Pow ers A greements for the connued operaon of the
S hingle C reek and West M ississippi Watershed M anagement C ommissions.
B ackground:
This year, H ennepin County awarded $2.2 million available for Transit-O riented C ommuni-es (TO C ). The
City w as aw arded $500,000 in June 2024.
The C ounty ’s TO C program aims to create walkable, mixed-us e, human-centered communi-es around high-
quality trans it s ervice. TO C projects have specific design features to enhance the public realm, reduce
parking, support pedes trian and bicycle connec-ons, increase density, and preserve open s pace.
I n 2023, the C ity received $400,000 for the O pportunity S ite (P has e 1) project through this program and
has been aw arded $2 million from Metropolitan Council in November 2024. These funds s upport the
development of public infrastructure on the site. Eligible uses include clearing and prepara-on of property
for site improvements and infrastructure, public realm improvements, public ameni-es on private property,
public plazas , and public infras tructure improvements (such as s treets, s idewalks, ligh-ng, landscaping,
etc.).
S ince 2019, City s taff have been working w ith A latus L L C on build out of P has e 1 of the O pportunity S ite.
The propos ed 15-acre mixed us e development is to includes mixed income housing, and a conference center
w ith associated service retail.
P has e 1 will als o include the delivery of public infrastructure cri-cal to the immediate, and long-term
buildout of the broader 80-acre O pportunity S ite. P has e 1 public infrastructure encompasses a new
approximately 1800’ mul-modal roadway segment with quality streets caping, connec-ng S hingle Creek
Cros s ing to J ohn Mar-n D rive, and a regional stormwater pond s ystem to provide the required stormwater
management for approximately 60% of the O pportunity S ite, and the en-rety of the P hase 1 development
s ite.
W ithout these public infras tructure elements, the community-derived vision of both P hase 1 and the
O pportunity S ite becomes effec-vely infeasible.
A n-cipated funding for P hase 1 includes a mix of private financing, T I F financing, a collec-on of grants from
H ennepin C ounty and the M etropolitan C ouncil and pending reques t for a legis la-ve bonding bill. I n effort
to s ecure project funding while reducing the fis cal burden to the City of Brooklyn Center, C ity staff and the
A latus development team regularly seek out eligible grant programs to support the P hase 1 development
project and its public infras tructure.
The purpos e of this ac-on is to accept the $500,000 aw arded by the H ennepin County Transit-O riented
Communi-es P rogram and enter into a grant agreement expiring D ecember 31, 2026.
B udget I ssues:
No budget items to consider at this -me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Maintain and enhance public places, Be an effec-ve partner with other public en--es
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Term S heet 11/18/2024 Backup M aterial
Res olu-on 11/18/2024 Resolu-on LeHer
Background Material 11/18/2024 Backup M aterial
Hennepin County Housing and Redevelopment Authority
701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415
hennepin.us/hchra
August 19, 2024 Jesse Anderson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Anderson, On June 11, 2024, Hennepin County Housing and Redevelopment Authority (“HCHRA”)
Resolution No. 24-HCHRA-0022 authorized Transit Oriented Communities (TOC) agreement
PR00006318 with The City of Brooklyn Center, or affiliated entity, for the Opportunity Site Phase
1 Public Infrastructure project. The TOC funding will be provided in the form of a grant with the
below terms and conditions.
The purpose of this letter is to affirm a commitment of funds contingent upon full compliance
with the terms and conditions described below as determined by the HCHRA:
Purpose: To catalyze transit-oriented development in Brooklyn
Center through a grant that serves as much-needed gap
financing while protecting the HCHRA from unduly
enriching the project. Grantee: The City of Brooklyn Center, or affiliated entity Project: The Opportunity Site Phase 1 Public Infrastructure Project in Brooklyn Center, consisting of the development of a multimodal roadway and a semi-regional stormwater system that will support the 80-acre Brooklyn Center Opportunity Site. The fully built out Opportunity Site will include 770 housing units and 19,100 square feet of commercial space, with the expected creation of 114 jobs. Use of Funds (“Eligible Activities”): Hard costs related to the construction of the above-referenced project. Funds may only be used for eligible
Hennepin County Housing and Redevelopment Authority
701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415
hennepin.us/hchra
activities that occur after June 11, 2024 and are available on a cost-incurred basis.
Soft costs (e.g., legal fees, project management fees, taxes, and holding costs) and impermanent items and improvements to the building are not eligible for reimbursement. Grant Amount: Not to Exceed (NTE) $500,000 Term: Eligible activities must be completed by December 31,
2026.
Availability of Funds: Funds will be placed with the project title company at time of financial closing, only after a grant agreement has been fully executed. Funds are released on a cost-incurred reimbursement basis in accordance with a master disbursement agreement, and after receiving proper documentation. Milestones: The project must meet certain milestones to demonstrate progress and ensure full utilization of TOC funds within the grant term. If milestones are not met, the HCHRA may cease negotiations toward a grant agreement and
withdraw this conditional commitment of funds.
1. Secure funding for Phase I public infrastructure by
June 1, 2025, unless otherwise extended in writing
by the HCHRA.
2. Begin construction on Phase I public infrastructure
by October 1, 2025, unless otherwise extended in
writing by the HCHRA.
Hennepin County Housing and Redevelopment Authority
701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415
hennepin.us/hchra
Conditions prior to Fund Disbursement: Grantee shall:
• Provide final, city approved entitlement plans,
specifications, and renderings once such plans have
been approved by City. Project must be
substantially similar to project described in
application dated February 29, 2024, unless written
approval for such change(s) are approved by
HCHRA in writing.
• Final construction drawings, showing city approval.
• Execute a grant agreement for TOC funding and
any other documents as required by HCHRA.
• Provide certificate of Liability Insurance with
HCHRA as additional insured.
• Provide evidence of Builders Risk, Property, or
Construction Insurance.
• Provide satisfactory evidence that the project
complies with all applicable requirements with
respect to zoning, building code,
licensing/permitting, or other requirements
necessary for the development.
• Submit all environmental reports related to the
project, including but not limited to Phase I and
Phase II environmental site assessments, response
action plan (RAP), and pre-demolition inspections.
Grantee shall provide HCHRA a No Association
Determination (NAD) whenever any type of
contamination is found.
• Furnish any additional due diligence items required
by HCHRA.
Hennepin County Housing and Redevelopment Authority
701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415
hennepin.us/hchra
Conditions during Agreement Term: Grantee shall:
• Beginning in August 2024, provide written quarterly
reports (or sooner as requested by HCHRA) to
HCHRA on the status of the project. These reports
should include items such as timeline and other key
documents that demonstrate the progress of the
project and any material changes to the project
prior to project commencement and during
construction.
• Provide Affirmative Action and Non-Discrimination
policies as applicable.
• Maintain all insurance coverages acceptable to the
HCHRA.
Upon review of the terms, please provide written acknowledgement that the grantee accepts the terms, and we will proceed to provide you a list of due diligence items and a draft agreement. Thank you for your efforts to create transit-oriented communities in Hennepin County. We look forward to partnering with you on the completion of this project! Simran Aryal Contract Administrator 612-348-4926 simran.aryal@hennepin.us ______________________________________________________ City of Brooklyn Center
Member introduced the following resolution and moved its adoption:
RESOLUTION NO. 2024-
RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR HENNEPIN COUNTY TRANSIT
ORIENTED COMMUNITIES (TOC) GRANT PROGRAM AND AUTHORIZING ACCEPTANCE OF
GRANT FUNDS
WHEREAS, the Hennepin County Transit Oriented Communities (TOC) program
was created to finance walkable, mixed-use, human-centered neighborhoods around high-quality
transit service; and
WHEREAS, the City of Brooklyn Center will submit an application to the TOC program
to fund infrastructure improvements to Phase 1 of the 80 Opportunity Site, which is the most significant
development opportunity within the City of Brook1yn Center; and
WHEREAS, Phase 1 will establish the preliminary, foundational transportation and
stormwater infrastructure, and include an approximately 1800ft new multimodal roadway, referred to as the
“Parkway”, which includes sidewalks, shared use trail, and boulevard; and
WHEREAS, Phase I public infrastructure is critical to anchor and support both immediate
and future development. Due to a lack of and/or insufficient existing infrastructure, without Phase 1
infrastructure elements, the community-driven vision for the Opportunity Site becomes effectively
infeasible.
WHEREAS, that, the City of Brooklyn Center, has established a TIF district to support
Phase 1 redevelopment, and that the City has committed to being a fiscal partner and supporter of the Phase
1 redevelopment project.
WHEREAS, that the City of Brooklyn Center has the legal authority to apply for financial
assistance, and the institutional, managerial, and financial capability to ensure adequate construction,
operation, maintenance, and replacement of the proposed project for its design life.
WHEREAS, that the City of Brooklyn Center has not violated any Federal, State, or local
laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt
practice.
NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due
consideration, the governing body of the City:
1. Authorizes its City Manager to accept awarded funds on behalf of the City for the
Hennepin County’s Transit Oriented Communities (TOC) program and to execute such
agreements as may be necessary to implement the project on behalf of the City.
RESOLUTION NO. 2024-
Date
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:
following voted against the same:
whereupon said resolution was declared duly passed and adopted.
________________________________
Mayor
C ouncil R egular M eeng
DAT E:11/25/2024
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:Krys-n Eldridge, A s s ociate P lanner
S U B J E C T:Res olu-on A ccep-ng Livable Communi-es D emons tra-on A ccount (L C DA ) F unding G rant
for C A P I
Requested Council A con:
- Moon to approve a resoluon accepng Livable C ommunies D emonstraon A ccount (LC DA ) funding
grant from M etropolitan C ouncil.
B ackground:
O n November 13, 2024, Met Council granted C A P I w ith $1,750,000 and is expected for a Capital C ampaign
to expand their building to provide be<er services to their exis -ng clientele.
The M etropolitan C ouncil is the regional policy-making body, planning agency, and provider of essen-al
s ervices in the seven-county Tw in Ci-es metro area. Through this work they'll generate economic growth,
build s tronger communi-es , enable land use and development. This funding from Metropolitan Council is
allocated each year and funding is highly compe--ve for real es tate development. Metropolitan Council's
Livable Communi-es G rants offers grant programs.
The L ivable Communies D emonstraon A ccount (L C DA ) s upports development and
redevelopment projects that link hous ing, jobs and s ervices and use community and regional
infras tructure efficiently.
L C DA – Transit O riented D evelopment (L C DA -TO D ) grants are focus ed on high density projects that
contribute to a mix of us es in the TO D -eligible area. TO D -eligible areas can be along light rail,
commuter rail, bus rapid transit, and high frequency bus corridors.
Pre-development grants are for teams who are defining or redefining a project that w ill s upport
Livable Communi-es and Thrive M S P 2040 goals.
The Policy D evelopment program provides funding to par-cipa-ng ci-es to s upport locally adopted
policies that influence physical development and further both L C A and Thrive M S P 2040 goals with
an emphas is on equitable development.
The Tax B ase Revitalizaon A ccount (TB R A ) helps clean up contaminated land and buildings for
s ubs equent development. These grants are intended to provide the greatest public benefit for the
money spent, strengthen the local tax base, and create and preserve jobs and/or affordable hous ing.
T B R A has three different funding opportuni-es : C ontamina-on Cleanup, S ite I nves -ga-on, and
S E E D.
The L ocal H ousing Incenves A ccount (L H I A ) helps expand and pres erve lifecycle and affordable
hous ing, both rented and ow ned.
The L H I A A ffordable H omeownership P ilot will provide grants to support affordable
homeow ners hip development, including acquis i-on and rehabilita-on.
C A P I ’s seeks to expand the I mmigrant O pportunity C enter (I O C) to build wealth in B I P O C communi-es
res iding in Northwes t H ennepin C ounty. Key des ign features of C A P I ’s expans ion include spaces for (1)
technology and res ource center; (2) new entrepreneur training, technical assistance, and financial services
to develop and expand B I P O C -led small busines s es in childcare, urban farming, and other sectors; (3)
expanded public benefits eligibility s creening, tax assistance, financial coaching, and homebuyer services; (4)
outdoor play area, expanded parking, and una<ached greenhous e surrounded by community garden plots ,
(5) community and training rooms, (6) w ork s ta-ons for 30+diverse s taff including poten-al tenant/ training
partners , (7) park-like s eJng w ith greater connec-ons to the neighborhood and commercial corridor.
Met Council approved C A P I for a pre-development grant in the amount of $296,000 on June 14, 2024.
C A P I applied for $2 million this round and was awarded $1,750,000. They are expected to submit to
P lanning C ommis s ion early 2025.
B udget I ssues:
No budget issues to cons ider at this -me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
P rovide quality s ervices w ith fair and equitable treatment, Be an effec-ve partner with other public
en--es , S trengthen and diversify bus iness development and housing
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Background Material 11/18/2024 Backup M aterial
Res olu-on 11/18/2024 Resolu-on Le<er
Member __________ introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2024-
RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR LIVABLE
COMMUNITIES ACT’S LIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT DEVELOPMENT FUNDING AUTHORIZING ACCEPTANCE OF
GRANT FUNDS FOR CAPI’S IMMIGRANT OPPORTUNITY CENTER
WHEREAS the City of Brooklyn Center, Minnesota was a participant in the
Livable Communities Act’s (“LCA”) Local Housing Incentives Account Program for 2024 as
determined by the Metropolitan Council, and was therefore eligible to apply for Livable
Communities Demonstration Account (“LCDA”) funds; and
WHEREAS the City has identified proposed projects within the City that meets
LCDA purposes and criteria and is consistent with and promotes the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan
development guide; and
WHEREAS the City has supported grant applications, agreeing to act as legal
sponsor for the project, recognized by resolution on July 22nd, 2024; and,
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement; and
WHEREAS the City acknowledges LCDA grants are intended to fund projects or
project components that can serve as models, examples or prototypes for development or
redevelopment projects elsewhere in the region, and therefore represents that the proposed project
or key components of the proposed project can be replicated in other metropolitan-area
communities; and
WHEREAS only a limited amount of grant funding is available through the
Metropolitan Council’s LCA initiatives during each funding cycle and the Metropolitan Council
has determined it is appropriate to allocate those scarce grant funds only to eligible projects that
would not occur without the availability of LCA grant funding; and
WHEREAS the City’s supported project of CAPI’S Immigrant Opportunity Center
development was awarded $1,7500,000 in LCDA grant funds on November 13th, 2024; and
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and
due consideration, the governing body of the City: Finds that it is in the best interests of the City’s
development goals and priorities for the proposed projects to occur at these particular sites and at
this particular time:
1. Finds that the project components for which LCDA funding was awarded:
a. Will not occur solely through private or other public investment within the
reasonably foreseeable future; and
b. Will occur within the term of the grant award two years for Development
grants) expiring December 31st, 2027.
2. Authorizes its City Manager to accept awarded funds on behalf of the City for the
application for the 2024 funding cycle for Metropolitan Council Livable
Communities Demonstration Account (LCDA) grant funds, for the project
components identified in the applications, and to execute such agreements as may be
necessary to implement the project on behalf of the City.
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:11/25/2024
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:A my L oegering, Economic D evelopment Coordinator
S U B J E C T:Res olu.on D eclaring November 30, 2024, as S mall Bus iness S aturday
Requested Council A con:
- Moon to approve a resoluon declare November 30, 2024, as S mall Business S aturday in the C ity of
Brookly n C enter.
B ackground:
H ennepin C ounty, with its partner ci.es, promote S mall Bus iness S aturday each year to raise awareness of
the valuable role small busines s es make to the economic vibrancy of our community. Brooklyn C enter has
par.cipated in this ini.a.ve in 2023 for its firs t year.
B udget I ssues:
None
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip.on U pload D ate Type
Res olu.on 11/14/2024 Cover Memo
H ennepin County P roclama.on 2024 11/14/2024 Cover Memo
Background 11/14/2024 Cover Memo
Member _________________________ introduced the following resolution and moved its adoption:
RESOLUTION NO. ___________________
RESOLUTION DECLARING NOVEMBER 30, 2024
AS SMALL BUSINESS SATURDAY IN THE CITY OF BROOKLYN CENTER
WHEREAS, Hennepin County and Brooklyn Center celebrate our local small businesses and
the contributions they make to the local economy and community; according to the United States
Census, there are more than 39,200 small businesses with fewer than 100 employees in Hennepin
County, representing over 96 percent of businesses in the county; and
WHEREAS, the Small Business Administration as well as advocacy groups and other public
and private organizations across the country have endorsed the Saturday after Thanksgiving as Small
Business Saturday; and
WHEREAS, Hennepin County has partnered with Brooklyn Center, several cities in the county
and the Hennepin County Housing and Redevelopment Authority to support Small Business Saturday
with the multijurisdictional Love Local campaign which encourages residents to support local,
independently owned businesses that create jobs, boost the local economy, and make our
communities vibrant and livable; and
WHEREAS, the quality and effectiveness of these facilities including their planning, design,
construction, operation and maintenance are vitally dependent upon the efforts and skill of Public
Works personnel.
NOW, THEREFORE,
BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, does hereby
proclaim November 30, 2024, Small Business Saturday and urges those who live and work in our
communities to support small businesses and merchants on Small Business Saturday and throughout
the year.
Dated: ______________________________
________________________________________
__
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
2024 Small Business Saturday Proclamation
Item description:
Recognition of local small businesses – offered by Commissioners
WHEREAS, Hennepin County celebrates our local small businesses and the contributions they make to
the local economy and community; according to the United States Census, of the 40,630 businesses in
the county, 39,200 are small businesses with fewer than 100 employees. That is more than 96 percent
of businesses in the county; and
WHEREAS, the Small Business Administration as well as advocacy groups and other public and private
organizations across the country have endorsed the Saturday after Thanksgiving as Small Business
Saturday; and
WHEREAS, Hennepin County has partnered with several cities in the county and the Hennepin County
Housing and Redevelopment Authority to support Small Business Saturday with the multijurisdictional
Love Local campaign which encourages residents to support local, independently owned businesses and
the business districts that create jobs, boost the local economy, and make our communities vibrant and
livable; and
Resolution:
BE IT RESOLVED, the Hennepin County Board of Commissioners does hereby proclaim November 30,
2024, Small Business Saturday and urges those who live and work in our communities to support small
businesses and merchants on Small Business Saturday and throughout the year.
Sources:
US Census Hennepin County, Minnesota - Census Bureau Profile
Small Business Saturday (sba.gov)
Love Local communications toolkit
This toolkit is for cities in Hennepin County and other promotional partners to encourage
businesses to participate in Love Local. Please copy, use, or repurpose this evergreen
content in this document as needed in your efforts. Thank you for helping us spread the
word about this campaign to highlight the vibrant small business community that makes
our county so great.
For any questions about how to use this document, please contact
Nick.Upton@Hennepin.us.
To reach program staff, please email Economic.Development@Hennepin.us.
Contents
Love Local communications toolkit .......................................................................................................... 1
Key messaging ............................................................................................................................................ 2
Ready-to-use collateral .............................................................................................................................. 3
Newsletter or website content .............................................................................................................. 3
Social media messages .......................................................................................................................... 4
Sharing Opportunities ............................................................................................................................ 6
Key messaging
The Love Local campaign is all about celebrating and supporting local businesses by
encouraging residents to shop locally and invest in their community. Small local
businesses are the backbone of our economy and the heart of our communities.
Showing them love, especially during the holiday shopping season, helps keep
Hennepin County communities vibrant places for everyone to live, visit, shop, and do
business.
Essential messages to convey:
• Shopping local retains economic power, jobs, and unique businesses in Hennepin
County.
• Local businesses return a greater share of revenue earned back to their
communities.
• Small Business Saturday is an ideal time to get acquainted or reacquainted with
their neighborhood economy.
• Business districts are an essential hub for economic activity.
• The cities and counties invest in businesses and business districts alongside cities
to maintain and elevate these economic hubs.
• Investments in local business districts include wayfinding for residents to
navigate, people-centered infrastructure to promote walking and cycling, and
connect these essential nodes to the wider public transportation network.
• This work dovetails with other programming that supports small businesses and
commercial development projects.
Ready-to-use collateral
Use these graphics for ads, social media posts, on your websites, or in your newsletters!.
Everything for Love Local can be, found on Dropbox here.
Newsletter or website copy
The following content can be used throughout November. Content may be modified
at will. You may use the logo or images provided to augment text.
We ‘Love Local’ business
Here in [your city] we love our local businesses. So, when we have a chance to celebrate
the incredible businesses and owners that make our community vibrant and interesting, we take it!
Small Business Saturday is November 30 this year, and it’s the perfect time to visit your
favorite local businesses and explore your local business districts.
This year, we’re spreading the word with Hennepin County and our fellow cities to show
our appreciation for all the local businesses through the Love Local initiative. Love Local
highlights all the work we do to support our business community but also serves as a
reminder of how much business owners do.
The entrepreneurs behind these businesses don’t just provide unique products and
services, but keep our economy growing, provide great jobs for our neighbors, and
provide for our community.
Thank your neighborhood restaurant, your local boutique, or your favorite service
provider this season by shopping, stopping, or just saying thank you!
As you do, don’t forget to inspire your neighbors to do the same, tell them about your
favorites or tag your visits with #LoveLocalHC.
Outreach to business community:
Pre-order your Love Local decal today!
Small Business Saturday is November 30. As the community celebrates local business,
remind them you’re a part of the community! Show your customers that you are a local
business with a Love Local window cling, a visual symbol that indicates you are part of
the community and invested in your neighborhood.
Reach out to [insert contact here] to get yours today!
Show your Local Pride!
This holiday shopping season, remind your community that you are locally owned and
operated. Love Local, an initiative from [your city] and Hennepin County, has eye-
catching window decals to show off your local pride. Connect with us today or fill out
this form to get your own!
Social media messages
Below are messages tailored for your pages and a general resident/business partner
audience. Feel free to use these posts verbatim or tailor to your specific audience and
voice.
Accompanying imagery can be found here: HERE
Please also tag Hennepin County and Elevate Hennepin on the following social
media channels. This makes it easier for Hennepin County to promote your posts
and reshare your content.
Hennepin County:
• Hennepin County | Facebook
• Hennepin County | Instagram
• Hennepin County | LinkedIn
Elevate Hennepin Profiles:
• Elevate Hennepin | Facebook
• Elevate Hennepin | Instagram
• Elevate Hennepin | LinkedIn
Post 1
We love local! Get out and visit your favorite local businesses today. And don’t be afraid
to explore a new business or business district, you may just find some new favorites!
������
#ShopSmall #LoveLocalHC
Post 2
November 30 is #SmallBusinessSaturday. Remember to shop small this Saturday and
year-round.
������
Small businesses are essential for creating vibrant, unique, inclusive places to live.
Hennepin County small businesses: Thank you for your many contributions to our
economy and communities!
#LoveLocalHC
Post 3
Celebrate #SmallBusinessSaturday by supporting your local business district today!
Shop, eat and enjoy your local small businesses that make [your city] so exceptional.
#LoveLocalHC #ShopSmall
Post 4
Small businesses are the backbone of our economy. They help create two out of every
three new jobs and keep our dollars local!
������ #LoveLocalHC
Sharing Opportunities
Please like and share messages posted on Elevate Hennepin and Hennepin County
channels with your audience. Check back for more posts through the month of
November month and be sure to follow our channels.
Hennepin County:
• Hennepin County | Facebook
• Hennepin County | Twitter
• Hennepin County | Instagram
• Hennepin County | LinkedIn
Elevate Hennepin Profiles:
• Elevate Hennepin | Facebook
• Elevate Hennepin | Instagram
• Elevate Hennepin | LinkedIn
C ouncil R egular M eeng
DAT E:11/25/2024
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
S U B J E C T:Res olu,on A uthoriz ing A mendment of the 2024 Centerbrook G olf C ourse Budget
Requested Council A con:
-Moon to approve a resoluon authorizing an amendment to the 2024 C enterbrook G olf C ourse annual
operang budget
B ackground:
City s taff recommend approval of a res olu,on authorizing a budget amendment to the 2024 C enterbrook
G olf C ourse annual opera,ng budget for the purchase of tw o golf simulators .
Bas ed on feedback from exis ,ng patrons of Centerbrook, affordable indoor golf s ervices are highly des ired.
The addi,on of golf s imulators to the exis,ng facility will fulfill this des ire by providing golf opportuni,es
during the months of O ctober - March, w hich are tradi,onally cons idered non-playable or reduced-playable
days due to fluctua,ons in weather and reduced daylight hours. The simulators w ould not be in opera,on
during the months of A pril - S eptember.
S taff are reques ,ng this budget revision and authoriz a,on to purchas e the s imulators now to take
advantage of a 30% discount on the monitors . Normally the monitors cost $8,000 each but w ould be
dis counted if purchased by November 29, 2024. A summary of the total cos t difference is as follow s :
I nvestment in the golf simulators aligns with staff's goal of making C enterbrook Golf C ourse profitable and
returning to an E nterprise Fund status. B ased on industry communica,ons, similar set-ups with two simulators
generate approximately $68,000 in revenue each year. Staff also expect food and beverages will be available for
purchase genera,ng approximately $20,000 in addi,onal revenue. T he combined revenue, along with other
ini,a,ves to bring in more golfers during summer hours, will further the goal of fiscal sustainability within the golf
opera,on.
B udget I ssues:
A pproval of this resolu,on w ould increase the expense budget for C enterbrook G olf Cours e by $51,200.
This w ill res ult in a revis ed budgeted net loss of $147,126 increasing from a budgeted net loss of $95,926.
The actual net los s is projected to be les s than budgeted at approximately $24,000. This is an es,mate
based on current revenue and expense data. F inal net income/(los s ) amounts w ill not be know n un,l aFer
all year end calcula,ons are completed some,me in March 2025.
I ncreas ed revenues related to the use of the golf s imulators is included in the propos ed 2025 opera,ng
budget for C enterbrook G olf. S taff are not propos ing a revision to budgeted revenues for 2024 at this ,me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Maintain a s trong financial pos i,on, Maintain and enhance public places
AT TA C H M E N TS :
D escrip,on U pload D ate Type
R E S O LU T I O N - 2024 G O L F B U D G E T R E V I S I O N 11/21/2024 Resolu,on LeIer
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION AUTHORIZING AN AMENDMENT TO THE
CENTERBROOK GOLF COURSE 2024 ANNUAL OPERATING BUDGET
WHEREAS, the City of Brooklyn Center owns and operates Centerbrook Golf
Course, a public golf course; and
WHEREAS, the City Council passed the 2024 annual operating budget for
Centerbrook Golf Course on Monday, December 18, 2023; and
WHEREAS, City staff have requested the proposed budget revision in the amount
of $51,200 for the purchase of equipment related to the installation and operation of golf
simulators; and
WHEREAS, the City Council has determined that the proposed budget revision
supports the continued operation of the golf course and aligns with the strategic initiative of
achieving financial sustainability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the proposed budget revision to the 2024 operating budget of
the City’s public golf course, Centerbrook Golf Course, is approved.
November 25, 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:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :G are& F les land, Chief of Police
BY:D r. Reggie Edwards, City Manager
S U B J E C T:Police D epartment Update
Requested Council A con:
- Moon to accept presentaon.
B ackground:
A ll city departments are providing regular updates to the City Council.
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:
I mprove community and employee s afety, P rovide quality services with fair and equitable treatment, Be an
effec5ve partner w ith other public en55es , I mprove employees’ experience
C ouncil R egular M eeng
DAT E:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, D irector of P ublic Works
BY:Kory A ndersen Wagner, P ublic Works P lanner
S U B J E C T:2024 Park Capital I nves tment P lan – U pdate
Requested Council A con:
- S taff will present an update on the Park C apital I nvestment P lan and introduce the next phase of
community engagement for the plan
B ackground:
The Park Capital I nves tment P lan proces s s tarted in S pring 2024 and is an7cipated to be completed in
March 2025. The plan iden7fies park needs and community expecta7ons for Brooklyn C enter Parks . The
city is working w ith S R F C ons ul7ng G roup on the project.
A s part of the process, w e will share concepts online that are informed by community feedback. These
concepts are exploratory in nature and not recommenda7ons for full build-out, ensuring flexibility in
addressing the community's evolving needs .
Next s teps include pos 7ng the concepts online for public feedback, revis ing them bas ed on input,
developing cos t es7mates, priori7zing improvements , and preparing the final document. A final dra? will be
pres ented for review prior to adop7on in M arch 2025.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Maintain and enhance public places, S trengthen community and employee engagement in key decisions