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031824 Work Session Meeting Packet      CITY COUNCIL  WORK SESSION MEETING    New Hope City Hall, 4401 Xylon Avenue North  Northwood Conference Room    Monday, March 18, 2024  6:00 p.m. ‐ dinner  6:30 p.m. – work session    Mayor Kathi Hemken  Council Member John Elder  Council Member Andy Hoffe  Council Member Michael Isenberg  Council Member Jonathan London      1. CALL TO ORDER – March 18, 2024    2. ROLL CALL    11. UNFINISHED & ORGANIZATIONAL BUSINESS     11.1 Dialogue with Human Rights Commission   11.2 Discussion regarding the purchase of public safety equipment for the police  department   11.3 Request by Somali Community Resettlement Services to waive restrictive  covenants on the property located at 7300 42nd Avenue (Gill Brothers Funeral  Chapels)    12. OTHER BUSINESS    13. ADJOURNMENT  https://newhopemn.sharepoint.com/sites/Files/All User Access/RFA/POLICE/2024/Work Sessions/11.1 Q ‐ Work Session HRC Dialogue 2024.docx    Request for Action  March 18, 2024    Approved by: Reece Bertholf, City Manager  Originating Department: Police  By: Tim Hoyt, Director of Police    Agenda Title  Dialogue between City Council and Human Rights Commission  Requested Action  The City Council has requested the opportunity to meet with each commission annually during a work  session environment for an exchange of information. The HRC’s last dialogue at a council work session was  on March 20, 2023.   Policy/Past Practice  The Council discussed the frequency of commission dialogues and updates and agreed to request one work  session dialogue and one council meeting update per year for each commission to report on activities.  Background  The Human Rights Commission has been invited to attend the March 18 work session to discuss the  commission’s activities and to hold a dialogue between the Council and commissioners regarding the  commission’s activities and assignments.    The Human Rights Commission currently has eight of ten authorized members serving on the commission.  The Human Rights Commission conducts a variety of educational activities, assists and guides citizens, and  serves in an advisory capacity to the City Council.      Meetings are held on the first Monday of each month at 7 p.m. at New Hope City Hall.    Discussion topics include:   2023 Accomplishments   2024 Subcommittees     Attachment   Human Rights Commission PowerPoint Presentation    Agenda Section Work Session Item Number  11.1  Human Rights Commission City Council Work Session March 18, 2024 New Hope Human Rights Commission ■“The Human Rights Commission advises the City Council on human relations and civil rights issues…and recommends the adoption of such policies or actions needed to provide for full equal opportunity in the community.” Current State ■Capacity for ten members who serve two year terms; including two high school students ■Currently have 8 commissioners ■Meetings are held monthly ■Police Chief acts as liaison Current Commissioners ■Chair Kendra Curry ■Open Co-Chair position ■Secretary Allison Isenberg ■Kaamil Hassan ■Maria Leon ■Matthew London ■Mindy London ■Jeremy Bishop ■Jessica Knapp 2023 Subcommittees ■Community Conversations ■Colors of the World ■Outreach ■Sunnyside Park Sponsorship ■Fundraising ■Iftar Dinner Co-sponsored with JCPP ■Hispanic Heritage Celebration –Planning in 2023, Event in 2024 2023 Accomplishments ■Sunnyside Park Sponsorship ■Colors of the World Project Continuation ■Community Conversations ■Promoted Good Citizenship Award ■Partnered with City Communications Director to publicize HRC events ■Volunteered at city sponsored and other local community events 2024 Subcommittees ■Colors of the World ■Sunnyside Park Sponsorship ■Outreach ■Human Rights/Freedom of Speech month event ■Partnership with local organizations for election ■Partnership with other communities for pride month and Juneteenth celebrations https://newhopemn.sharepoint.com/sites/files/all user access/rfa/police/2024/work sessions/psap funds/q - public safety aid purchases ws 031824.docx Request for Action March 18, 2024 Approved by: Reece Bertholf, City Manager Originating Department: Police By: Tim Hoyt, Chief of Police Agenda Title Discussion regarding the purchase of public safety equipment for the police department Requested Action Staff is requesting Council’s review of several public safety items which staff proposes to purchase with the public safety aid funds the city received in December of 2023 from the State of Minnesota as part of a Public Safety Aid Package. If Council supports the purchase, a resolution formally approving the purchases will be presented at a future council meeting. Background The PSAP funds can only be used for public safety purposes. Staff is seeking approval to purchase the items listed below. Total PSA received 957,038.00 WMFD portion (191,408.00) Remaining funds 765,630.00 2024 Approved Budget (PSA funds)(166,000.00) Remaining funds 599,630.00 March 18, 2024 Work Session Discussion Investigator Warrant Go Bags - 2 400.00 Stop Sticks (13)1,985.00 IBIS Fingerprint Scanner 4,140.00 Mobile Laptop 6,000.00 Lidars (2)8,000.00 Fitness Equipment 9,234.00 Accurint 12,000.00 * 2-year contract Drone (+ Training)12,000.00 Optics for Rifles 12,000.00 Graphics and branding (State seal change)15,000.00 Speed Trailer 22,139.00 Officer wellness 25,000.00 Flock Camera System 46,900.00 *2-year contract Mobile Surveillance Trailer 71,000.00 Retention funds 179,000.00 Total from RFA 424,798.00 Remaining funds after WMFD, 2024 budgeted items and RFA items 174,832.00 Agenda Section Work Session Item Number 11.2 https://newhopemn-my.sharepoint.com/personal/vthompson_newhopemn_gov/Documents/Desktop/7300 42nd Ave Convenants 03-18-24.docx Request for Action March 18, 2024 Approved by: Reece Bertholf, City Manager Originating Department: Community Development By: Jeff Sargent, Director Agenda Title Request by Somali Community Resettlement Services to waive restrictive covenants on the property located at 7300 42nd Avenue (Gill Brothers Funeral Chapels). Requested Action Staff was approached by representatives of the Somali Community Resettlement Services (SCRS) group with a request to release restrictive covenants placed on the property located at 7300 42nd Avenue that prohibit the sale of the property to a tax-exempt organization. Staff would like to discuss this matter with the City Council prior to a formal decision made by the Economic Development Authority (EDA) at a future meeting. Policy/Past Practice It is customary to discuss land use issues with the City Council prior to formal action taken that would affect the city. Background In December of 1985, the Housing and Redevelopment Authority of New Hope established TIF District 85-2, a redevelopment TIF district that focused on the redevelopment of properties in proximity to the intersection of Winnetka and 42nd avenues. On June 27, 1996, Gill Brothers Funeral Chapels entered into a Redevelopment Agreement with the EDA to construct the funeral chapel which is currently located at 7300 42nd Avenue. Because the property was in an active TIF district, the EDA required a declaration of restrictive covenants (attached) be placed on the property to ensure that the proper amount of taxes would be generated. Specifically, the covenants stated that the property shall not be sold, transferred, conveyed, or leased to any of the following parties: (a) An institution of purely public charity; (b) A church or ancillary tax exempt housing; (c) A public hospital; (d) A public school district; (e) An organization exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or (f) A Minnesota cooperative association organizes under Minnesota Statutes, Section 308.05 and 308.18 for the purpose of complying with the provisions of Minnesota Statutes, Section 273.133, subdivision 3, or any other party that would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assess for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. Section 4 of the Declaration of Restrictive Covenants states that “the covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property; provided, however, that the covenants and restrictions herein contained shall inure only to the Agenda Section Work Session Item Number 11.3 Request for Action, Page 2 benefit of the EDA, and may be released or waived in whole or in part at any time, and from time to time, by the sole act of the EDA…” Section 5 of the Declaration of Restrictive Covenants state that “the covenants and restrictions herein contained shall remain in effect until June 1, 2026, and thereafter shall be null and void”. It should be noted that the Declaration of Restrictive Covenants was established to protect the taxing power of TIF District 85-2. TIF District 85-2 came to its legal end term on December 31, 2012, and has not been generating TIF since then. Therefore, the need to perpetuate the covenants no longer involves protecting the taxing power of the TIF district in question. The attached letter from SCRS expresses their desire to purchase the property located at 7300 42nd Avenue, with the intent to provide their services in New Hope. SCRS was formed in 1999 by a volunteer network of Somali refugees to directly respond to the growing needs of refugees and immigrants resettling into Minnesota. Services provided by SCRS include helping with specific documentation and navigating the immigration system to Somalis, access to legal counsel, English language education, health care, workforce training, etc. SCRS also provides suicide prevention services and workforce training services. As indicated in the letter, as an “institution of purely public charity”, SCRS will seek property tax exemption after the purchase of the building is complete. The request made by SCRS to the EDA is to release the Declaration of Restrictive Covenants that are currently in place, which prohibit the sale of the property to an institution of “purely public charity”. The only way SCRS would be able to continue the process to purchase this property is if the covenants were released. Property Taxes The property at 7300 42nd Avenue North owes $32,908.90 in taxes for 2024. Of the taxes owed, $7,961.79 will go to the city ($6,442.75 general revenue, $1,519.04 debt services). Assuming taxes payable to the city increase by 5% in 2025 and in 2026, it is estimated that the city will collect the following prior to the property becoming eligible for tax exempt status: 2024: $7,961.79 2025: $8,359.88 2026: $8,777.87 Total: $25,099.54 Options Option 1 would be for the EDA to leave the covenants in place until they naturally expire on June 1, 2026. With this option, the city would guarantee the receipt of all taxes the property would generate in the amount of approximately $25,100. Not releasing the restrictive covenants would also disqualify SCRS from purchasing the property, forcing them to either seek a different property or wait until June 1, 2026, to purchase. After June 1, 2026, the property would be available for any type of organization to purchase and could potentially be converted to a tax-exempt classification at that time. Option 2 would be for the EDA to release the restrictive covenants that are currently in place. If the EDA choses this option, and SCRS purchases the property prior to July 1, 2024, the city would only receive taxes owed on Request for Action, Page 3 the property for 2024, or $7,961.79. SCRS would file for tax-exempt status and would no longer have to pay taxes on the property but would be able to provide its services in New Hope to New Hope residents and the surrounding area. Recommendation Staff recommends that the City Council discuss the options pertaining to the potential release of the declaration of restrictive covenants. After careful consideration and analysis of the request, staff also recommends that the EDA release the covenants, being that the TIF district has expired and the initial need for the covenants is no longer viable. The formal request by the petitioner to release the covenants will be presented to the EDA at the March 25, 2024, meeting. Attachments • Declaration of Restrictive Covenants • Waiver request letter from SCRS • Owner consent for waiver of covenants TO: CC: FROM: DATE: RE: SOMALI COMMUNITY City of New Hope Economic Development Authority Jeff Sargent Somali Community Resettlement Services Abdullah Hared, Executive Director 2115 Stevens Avenue Minneapolis, MN 55406 Febrnaty 28, 2024 Request for waiver of Restrictive Covenant on property located at 7300 42nd Ave N., New Hope, MN 55427, Hennepin County Doc Number 6599846 Somali Community Resettlement Services (SCRS) wishes to purchase the above referenced property and hereby requests that the New Hope Economic Development Authority ("EDA") waive the Restrictive Covenant (Docu ment# 6599846 attached) imposed by the EDA in 1996 and which expires June 1, 2026. It is our understanding that the TIF benefit already expired on this property on December 31, 2012. Seller Anchor Point Properties, LLC, consents to this request and is providing a separate letter indicating their support. SCRS was formed in 1999 by a volunteer network of Somali refugees to directly respond to the growing needs of refugees and immigrants resettling in the State of Minnesota. SCRS has provided over 25 years of services in Rochester, Faribault, and Minneapolis to immigrant and refugee connnunities advancing their social well-being and welfare. With an annual budget of $3.5 million and 45 employees, SCRS has identified New Hope as an ideal location to expand its 1 2 3