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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
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2023 City Council Meeting Schedule
Regular City Council Meetings
Meetings will be held in person
Study/Work Session 6:00 p.m.
Informal Open Forum 6:45 p.m.
Regular Session 7:00 p.m.
Work Session – After regular session
Brooklyn Center City Council regularly meets
the 2nd and 4th Monday each month, unless
Monday is a holiday.
January 9 January 23
February 13 February 27
March 13 March 27
April 10 April 24
May 8 May 22
June 12 June 26
July 10 July 24
August 14 August 28
September 11 September 25
October 9 October 23
November 13 November 27
December 11
Optional Work Session dates:
February 6
March 6
May 1
August 7
November 6
Special City Council Meetings
All dates are Monday unless otherwise noted
April 3 7:00 p.m.
Board of Appeal & Equalization CC
April 17 6:00 p.m.
Board of Appeal & Equalization Reconvene CC
May 10 6:30 p.m.
Community Mock Budget Comm Ctr - Cohen
June 5 6:00 p.m.
Capital Improvement Fund CC
June 28 6:00 p.m.
Budget – Audit Presentation/Revenue Overview CC
July 22 8:30 a.m.
Budget – Fire, Police, OCPHS/Engagement
Recreation CC
Aug. 19 8:30 a.m.
Budget – Administration, Finance, Community
Development, Public Works CC
Oct. 2 6:00 p.m.
Budget -Special Revenue Funds CC
Oct. 16 6:00 p.m.
Budget – Enterprise Funds CC
Dec. 7 6:30 p.m.
Budget - 2024 Budget Hearing CC
4/25/2023
CC - Council Commission room located on main level City Hall
All dates are subject to change. Contact City Hall at 763-569-
3300 to verify dates and times.
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LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 1 of 10
SG-18073 rev. 8/19/2022
GRANTEE: City of Brooklyn Center GRANT NO. SG-18073
PROJECT: Immigrant Opportunity Center – Center for Asian and Pacific Islanders
(CAPI)
GRANT AMOUNT: $ 125,000 CYCLE: 2022 - Round 2
COUNCIL ACTION: September 14, 2022 EXPIRATION DATE: June 30, 2024
METROPOLITAN LIVABLE COMMUNITIES ACT
GRANT AGREEMENT
THIS GRANT AGREEMENT (“Agreement”) is made and entered into by the Metropolitan Council
(“Council”) and the Municipality, County or Development Authority identified above as “Grantee.”
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act (“LCA”) and the policies of the Council’s Metropolitan Development
Guide; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan
Livable Communities Fund a Livable Communities Demonstration Account and require the Council
to use the funds in the account to make grants or loans to municipalities participating in the Local
Housing Incentives Program under Minnesota Statutes section 473.254 or to Counties or
Development Authorities to fund the initiatives specified in Minnesota Statutes section 473.25(b) in
Participating Municipalities; and
WHEREAS, the Grantee is a Municipality participating in the Local Housing Incentives Account
program under Minnesota Statutes section 473.254, a County, or a Development Authority; and
WHEREAS, the Council allocated a portion of its Livable Communities Demonstration Account
funds to a Livable Communities Act Pre-Development Grant Program to help Municipalities
implement community development objectives; and
WHEREAS, the Grantee seeks funding in connection with an application for Livable Communities
Act Pre-Development Grant Program funds submitted in response to the Council’s notice of
availability of grant funds for the “Funding Cycle” identified above and will use the grant funds made
available under this Agreement to help fund the “Pre-Development Project” within the “Project Area”
as described in the application; and
WHEREAS, the Council awarded Livable Communities Act Pre-Development Grant Program funds
to the Grantee with the understanding that the Pre-Development Project described in the application
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 2 of 10
SG-18073 rev. 8/19/2022
will proceed to completion in a timely manner and all grant funds will be expended prior to the
“Expiration Date” identified above.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual
promises and covenants contained in this Agreement, the Grantee and the Council agree as follows:
I. DEFINITIONS
1.01. Definition of Terms. The terms defined in this section have the meanings given them in this
section unless otherwise provided or indicated by the context.
(a) Council Action. “Council Action” means the action or decision of the governing body of the
Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by which
the Grantee was awarded Livable Communities Act Pre-Development Grant Program funds.
(b) County. “County” means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington
Counties.
(c) Development Authority. “Development Authority” means a statutory or home rule charter
city, a housing and redevelopment authority, an economic development authority, or a port
authority in the Metropolitan Area.
(d) Future Development Project. “Future Development Project” means the future development
project described in the Grantee’s application for Livable Communities Act Pre-Development
Grant Program funds that through its design and execution will deliver benefits such as
housing, connections, and/or jobs to the region. The Future Development Project for which
the grant funds were awarded must be undertaken within the Project Area. The Future
Development Project may recognize or acknowledge regional park lands and regional trails
that cross through or are located adjacent to the Project Area, but the Pre-Development Project
may not include regional park lands.
(e) Metropolitan Area. “Metropolitan Area” means the seven-county metropolitan area as
defined by Minnesota Statutes section 473.121, subdivision 2.
(f) Municipality. “Municipality” means a statutory or home rule charter city or town participating
in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254.
(g) Participating Municipality. “Participating Municipality” means a statutory or home rule
charter city or town which has elected to participate in the Local Housing Incentive Account
program and negotiated affordable and life-cycle housing goals for the Municipality pursuant
to Minnesota Statutes section 473.254.
(h) Pre-Development Project. “Pre-Development Project” means the grant-funded activities for
which funding is requested in the Grantee’s application for Livable Communities Act Pre-
Development Grant Program funds.
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 3 of 10
SG-18073 rev. 8/19/2022
(i) Project Area. “Project Area” means the specific geographic area (or areas) within which the
Future Development Project must be undertaken and within which the Pre-Development
Project will be conducted as described in the Grantee’s application. The Project Area cannot
include regional park lands. The Project Area may include regional trails that cross through
or are located adjacent to the Project Area, but neither the Future Development Project nor the
Pre-Development Project may provide for the alteration or elimination of any regional park
lands or trails.
II. GRANT FUNDS
2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are
from the Livable Communities Demonstration Account of the Metropolitan Livable Communities
Fund. The grant funds are derived from the property tax authorized by Minnesota Statutes
section 473.253, subdivision 1 and are not from State or federal sources.
2.02. Grant Amount. The Council will grant to the Grantee the “Grant Amount” identified at
Page 1 of this Agreement. The Council’s obligation to reimburse the Grantee for eligible grant-
funded expenditures shall not exceed the Grant Amount. Notwithstanding any other provision of this
Agreement, the Grantee understands and agrees that any reduction or termination of Livable
Communities Demonstration Account funds made available to the Council may result in a like
reduction in the Grant Amount made available to the Grantee.
2.03. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under
this Agreement shall be used only for the purposes and activities described in the application for
Livable Communities Act Pre-Development Grant Program funds. A Pre-Development Project
summary (“Project Summary”) that describes eligible uses of the grant funds as approved by the
Council is attached to and incorporated into this Agreement as Attachment A. Aerial photography or
drawings that identify the specific locations(s) within the Project boundaries or the Site(s) for which
grant funds must be used is attached to and incorporated into this Agreement as Attachment B. Grant
funds must be used to fund the initiatives specified in Minnesota Statutes section 473.25(b), in a
Participating Municipality.
2.04. Ineligible Uses. Grant funds must be used for costs directly associated with the Pre-
Development Project activities for which the Council awarded grant funds and shall not be used
for: land acquisition, demolition, infrastructure, or construction costs; administrative overhead;
travel expenses; food or beverages (except reasonable expenses related to eligible community
engagement activities in accordance with program guidelines); legal fees; insurance; bonds; permits,
licenses or authorization fees; costs associated with preparing other grant proposals; operating
expenses; planning costs that are not identified as eligible grant-funded activities in the application
guide, including comprehensive planning costs; prorated lease and salary costs; and marketing
expenses. Grant funds may not be used for Pre-Development Project costs that occurred prior to the
Council Action. A detailed list of ineligible and eligible costs is available from the Council’s Livable
Communities program office. Grant funds also shall not be used by the Grantee or others to supplant
or replace: (a) grant or loan funds obtained for the Pre-Development Project from other sources; or
(b) Grantee contributions to the Pre-Development Project, including financial assistance or other
resources of the Grantee; or (c) funding or budgetary commitments made by the Grantee or others
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 4 of 10
SG-18073 rev. 8/19/2022
prior to the Council Action, unless specifically authorized in Attachment A. The Council shall bear
no responsibility for cost overruns which may be incurred by the Grantee or others in the
implementation or performance of the Pre-Development Project activities. The Grantee agrees to
comply with any “business subsidy” requirements of Minnesota Statutes sections 116J.993
to 116J.995 that apply to the Grantee’s expenditures or uses of the grant funds.
2.05. Restrictions on Loans. The Grantee shall not use the grant funds to make loans to any
subgrantee or subrecipient, and the Grantee shall not permit any subgrantee or subrecipient to use the
grant funds for loans to any subrecipient at any tier. The requirements of this Section 2.05 shall be
included in all subgrant and subrecipient agreements.
2.06. Pre-Development Project Changes. The Grantee must promptly inform the Council in
writing of any significant changes to the Pre-Development Project activities described or identified
in Attachments A and B. Failure to inform the Council of any significant changes to the Pre-
Development Project or significant changes to grant-funded Pre-Development Project activities, and
use of grant funds for ineligible or unauthorized purposes, may jeopardize the Grantee’s eligibility
for future LCA awards. Grant funds will not be disbursed prior to Council approval of significant
changes to the Pre-Development Project or the grant-funded activities described or identified in
Attachments A and B.
2.07. Budget Variance. The Grantee may reallocate up to twenty percent (20%) of the Grant
Amount among the grant-funded activities, provided: (a) the grant funds may be used only for Project
activities for which the Council awarded the grant funds; (b) the reallocation does not significantly
change the Project deliverables; and (c) the Grantee receives written permission from Council staff
prior to reallocating any grant funds. Council staff may administratively approve budget reallocation
requests that exceed twenty percent (20%) of the Grant Amount only if the reallocation does not
significantly change the Project deliverables. Notwithstanding the aggregate or net effect of any
variances, the Council’s obligation to provide grant funds under this Agreement shall not exceed the
Grant Amount identified at Page 1 of this Agreement.
2.08. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any
unspent grant funds, including any grant funds that are not expended prior to the Expiration Date
identified at Page 1 of this Agreement; any grant funds that are not used for the authorized purposes;
and any interest earnings described in Section 2.10 that are not used for the purposes of implementing
the grant-funded Pre-Development Project activities described or identified in Attachments A and B.
For the purposes of this Agreement, grant funds are “expended” prior to the Expiration Date if the
Grantee pays or is obligated to pay for expenses of eligible grant-funded Pre-Development Project
activities that occurred prior to the Expiration Date and the eligible expenses were incurred prior to
the Expiration Date. Unspent or unused grant funds and other funds remitted to the Council shall
revert to the Council’s Livable Communities Demonstration Account for distribution through
application processes in future Funding Cycles or as otherwise permitted by law.
2.09. Payment Request Forms and Disbursements. The Council will disburse grant funds in
response to payment requests submitted by the Grantee through the Council’s online grants
management system and reviewed and approved by the Council’s authorized agent. Payment requests
shall be made using payment request forms, the form and content of which will be determined by the
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 5 of 10
SG-18073 rev. 8/19/2022
Council. Payment request and other reporting forms will be provided to the Grantee by the Council.
The Council will disburse grant funds on a reimbursement basis or a “cost incurred” basis. To obtain
reimbursement under this Agreement, the Grantee shall provide the Council with evidence that Pre-
Development Project activities (or a portion thereof) for which reimbursement is requested have been
satisfactorily completed. The Grantee shall describe the grant-eligible activities for which
reimbursement is requested and shall provide sufficient documentation of grant-eligible expenditures,
invoices and payment documents, and such other information as the Council reasonably requests.
The Council will make the final determination whether the expenditures are eligible for
reimbursement under this Agreement and verify the total amount requested from the Council.
Reimbursement of any cost does not constitute a waiver by the Council of any Grantee noncompliance
with this Agreement.
The Council shall disburse grant funds for all grant-eligible expenditures within thirty-five (35) days
of the receipt of satisfactory documentation from the Grantee. NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION 2.09, THE COUNCIL WILL NOT DISBURSE ANY
GRANT FUNDS TO THE GRANTEE UNLESS THE GOVERNING BODY OF THE
GRANTEE HAS ADOPTED A FAIR HOUSING POLICY AS REQUIRED BY SECTION
5.12.
2.10. Interest Earnings. If the Grantee earns any interest or other income from the grant funds
received from the Council under this Agreement, the Grantee will use the interest earnings or income
only for the purposes of implementing the Pre-Development Project activities described or identified
in Attachments A and B.
III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS
3.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and
complete accounts and records relating to the receipt and expenditure of all grant funds received from
the Council. Notwithstanding the expiration and termination provisions of Sections 4.01 and 4.02,
such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years
following the completion of the Pre-Development Project activities described or identified in
Attachments A and B or six (6) years following the expenditure of the grant funds, whichever occurs
earlier. Accounting methods shall be in accordance with generally accepted accounting principles.
3.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner
as all other accounts and records of the Grantee are audited and may be audited or inspected on the
Grantee’s premises or otherwise by individuals or organizations designated and authorized by the
Council at any time, following reasonable notification to the Grantee, for a period of six (6) years
following the completion of the Pre-Development Project activities or six (6) years following the
expenditure of the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes
section 16C.05, subdivision 5, the books, records, documents and accounting procedures and
practices of the Grantee that are relevant to this Agreement are subject to examination by the Council
and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years.
3.03. Report Requirements. The Grantee will report to the Council on a semi-annual basis by
January 31 (for the period July 1 through December 31) and July 31 (for the period January 1 through
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 6 of 10
SG-18073 rev. 8/19/2022
June 30) of each calendar year during the term of this Agreement. The Grantee reports shall describe
the status of the Pre-Development Project activities described or identified in Attachments A and B.
The reports shall also describe the project spending for the current reporting period and projected
spending for future reporting periods. The Grantee must complete and submit to the Council a Final
Report before the final disbursement of grant funds will be approved. The form and content of the
Final Report will be determined by the Council. These reporting requirements shall survive the
expiration or termination of this Agreement.
IV. AGREEMENT TERM
4.01. Term. This Agreement is effective (the “Effective Date”) upon execution of this Agreement
by the Council. Unless terminated pursuant to Section 4.02, this Agreement expires on the
“Expiration Date” identified at Page 1 of this Agreement. The term of this agreement shall extend
from the Effective Date of this Agreement to a date one hundred and twenty (120) calendar days
following the Expiration Date to permit close out of this Agreement. ALL GRANT FUNDS NOT
EXPENDED BY THE GRANTEE AND REQUESTED FOR REIMBURSEMENT PRIOR TO
THE END OF THE TERM SHALL REVERT TO THE COUNCIL.
4.02. Termination. This Agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days’ written notice to the Grantee. Cause shall mean a material breach of this
Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the
Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Pre-Development
Project activities described or identified in Attachments A and B that have been completed prior to
the termination. Termination of this Agreement does not alter the Council’s authority to recover grant
funds on the basis of a later audit or other review and does not alter the Grantee’s obligation to return
any grant funds due to the Council as a result of later audits or corrections. If the Council determines
the Grantee has failed to comply with the terms and conditions of this Agreement and the applicable
provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect
the Council’s interests and may refuse to disburse additional grant funds and may require the Grantee
to return all or part of the grant funds already disbursed.
4.03. Amendments and Extension. The Council and the Grantee may amend this Agreement by
mutual agreement. Amendments or an extension of this Agreement shall be effective only on the
execution of written amendments signed by authorized representatives of the Council and the Grantee.
If the Grantee needs a change to the Future Development Project, additional time within which to
complete the grant-funded activities, a change in the budget, or a change in grant-funded activities the
Grantee must submit to the Council AT LEAST NINETY (90) CALENDAR DAYS PRIOR TO
THE EXPIRATION DATE, a complete, written amendment request. All requirements must be met
for a request to be considered complete. THE EXPIRATION DATE MAY BE EXTENDED
BASED ON METROPOLITAN COUNCIL POLICY, BUT THE PERIOD OF ANY
EXTENSION(S) SHALL NOT EXCEED ONE (1) YEAR BEYOND THE ORIGINAL
EXPIRATION DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT.
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 7 of 10
SG-18073 rev. 8/19/2022
V. GENERAL PROVISIONS
5.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, membership or activity in a local civil rights commission,
disability, sexual orientation or age and will take affirmative action to insure applicants and
employees are treated equally with respect to all aspects of employment, rates of pay and other forms
of compensation, and selection for training.
5.02. Conflict of Interest. The members, officers, and employees of the Grantee shall comply with
all applicable state statutory and regulatory conflict of interest laws and provisions.
5.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest
extent permitted by law, the Grantee shall defend, indemnify, and hold harmless the Council and its
members, employees, and agents from and against all claims, damages, losses, and expenses,
including but not limited to attorneys’ fees, arising out of or resulting from the conduct or
implementation of the Pre-Development Project activities funded by this grant, except to the extent
the claims, damages, losses, and expenses arise from the Council’s own negligence. Claims included
in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota
Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as
amended, United States Code, title 42, sections 9601 et seq., and the federal Resource Conservation
and Recovery Act of 1976 (RCRA) as amended, United States Code, title 42, sections 6901 et seq.
This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity which otherwise would exist between the Council and the Grantee. The
provisions of this section shall survive the expiration or termination of this Agreement. This
indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of
any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable
state or federal law.
5.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports and publications relating to
the Pre-Development Project and the Future Development Project. The acknowledgment will contain
the following or similar language:
Funding support for this project was provided by the Metropolitan
Council Metropolitan Livable Communities Fund.
Until the Future Development Project is completed, the Grantee shall ensure the above
acknowledgment language, or alternative language approved by the Council’s authorized agent, is
included on all signs (if any) located at the Future Development Project or construction sites that
identify project funding partners or entities providing financial assistance for the Future Development
Project. The acknowledgment and signage should refer to the “Metropolitan Council” (not “Met
Council” or “Metro Council”).
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 8 of 10
SG-18073 rev. 8/19/2022
5.05. Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any
applicable local, state, or federal licenses, permits, bonds, authorizations, or approvals necessary to
perform or complete any Pre-Development Project activities described or identified in Attachments A
and B.
5.06. Subgrantees, Contractors and Subcontractors. The Grantee shall include in any subgrant,
contract or subcontract for Pre-Development Project activities appropriate provisions to ensure
subgrantee, contractor, and subcontractor compliance with all applicable state and federal laws and
this Agreement. Along with such provisions, the Grantee shall require that contractors and
subcontractors performing work covered by this grant comply with all applicable state and federal
Occupational Safety and Health Act regulations.
5.07. Stormwater Discharge and Water Management Plan Requirements. To the extent
appropriate, the Pre-Development Project should include consideration of stormwater discharge and
water management plan requirements in federal and state laws, the Council’s 2040 Water Resources
Policy Plan, and the local water management plan(s) for the jurisdiction(s) within which the Project
Area is located.
5.08. Authorized Agent. Payment request forms, written progress reports, and correspondence
submitted to the Council pursuant to this Agreement shall be directed to the Authorized Agent
named below or their successor through the Council’s online grants administration portal or to the
below contact information:
Attn: Samuel F Johnson
Metropolitan Council
CD & MTS Finance and Administration
390 Robert Street North
Saint Paul, Minnesota 55101-1805
Samuel.johnson@metc.state.mn.us
5.09. Non-Assignment. Minnesota Statutes section 473.253, subdivision 2 requires the Council to
distribute grant funds to eligible “municipalities,” metropolitan-area counties, or “development
authorities” for projects in municipalities participating in the Local Housing Incentives Account
program. Accordingly, this Agreement is not assignable and shall not be assigned by the Grantee.
5.10. Authorization to Reproduce Images. The Grantee certifies that the Grantee: (a) is the
owner of any renderings, images, perspectives, sections, diagrams, photographs or other
copyrightable materials (collectively, “copyrightable materials”) that are in the Grantee’s application
or are submitted to the Council as part of the grant application review process or after grant award, or
that the Grantee is fully authorized to grant permissions regarding the copyrightable materials; and
(b) the copyrightable materials do not infringe upon the copyrights of others. The Grantee agrees the
Council has a nonexclusive royalty-free license and all necessary permissions to reproduce and
publish the copyrightable materials for noncommercial purposes, including but not limited to press
releases, presentations, reports, and on the internet. The Grantee also agrees the Grantee will not hold
the Council responsible for the unauthorized use of the copyrightable materials by third parties.
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 9 of 10
SG-18073 rev. 8/19/2022
5.11. Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the
Grantee and on behalf of the Council represent and warrant on the Grantee’s and the Council’s behalf
respectively that the individuals are duly authorized to execute this Agreement on the Grantee’s and
the Council’s behalf respectively and that this Agreement constitutes the Grantee’s and the Council’s
valid, binding, and enforceable agreements.
5.12. Fair Housing Policy. If the Pre-Development Project will include a housing component, the
governing body of the Grantee must have adopted a Fair Housing Policy. For the purposes of this
section, the term “Fair Housing Policy” means a written statement regarding the Grantee’s
commitment to fair housing that substantively includes at least the following elements: a purpose
statement; procedures for responding to fair housing concerns and complaints; and a designated
individual or staff position responsible for fair housing issues. A best practices guide, as well as a
copy of a model local fair housing policy is available at:
https://metrocouncil.org/Handbook/Files/Resources/Best-Practices/Fair-Housing-Policy-
Guide.aspx.
5.13. Counterparts. This Agreement may be executed in counterpart, each of which counterpart
constitutes an original, but both of which together constitute one instrument.
5.14. Electronic Signatures. The electronic signatures of the Council’s and the Grantee’s
authorized representatives shall be valid as the original signatures of the authorized representatives
and shall be effective to bind the Council and the Grantee under this Agreement. This Agreement
containing, or to which there is affixed, an electronic signature shall be deemed to (a) be “written” or
“in writing”; (b) have been signed; and (c) constitute a record established and maintained in the
ordinary course of business and an original written record when printed from electronic files.
“Electronic signature” also means a manually signed original signature that is then transmitted by any
electronic means, including without limitation a faxed version of an original signature or an
electronically scanned and transmitted version (e.g., via PDF) of an original signature. The Council’s
or the Grantee’s failure to produce the original signature of any electronically transmitted signature
shall not affect the enforceability of this Agreement.
LIVABLE COMMUNITIES ACT
PRE-DEVELOPMENT GRANT PROGRAM
Page 10 of 10
SG-18073 rev. 8/19/2022
IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed
by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.
CITY OF BROOKLYN CENTER METROPOLITAN COUNCIL
By: _______________________________ By: _____________________________
LisaBeth Barajas, Executive Director
Title: _____________________________ Community Development Division
Date: _____________________________ Date: ___________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
By: _______________________________
Title: _____________________________
Date: _____________________________
Approved as to form:
________________________________________
ATTACHMENT A
PRE-DEVELOPMENT PROJECT SUMMARY
This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the
Pre-Development Project described in the application for Livable Communities Demonstration
Account program grant funds submitted in response to the Council’s notice of availability of Livable
Communities Act Pre-Development Grant Program funds for the Funding Cycle identified at Page 1
of this Agreement. The summary reflects the Pre-Development Project activities for which the
Grantee was awarded grant funds by the Council Action, and may reflect changes in Pre-Development
Project funding sources, changes in funding amounts, or minor changes in the proposed Pre-
Development Project that occurred subsequent to application submission. The application is
incorporated into this Agreement by reference and is made a part of this Agreement as follows. If the
application or any provision of the application conflicts with or is inconsistent with the Council
Action, other provisions of this Agreement, or the Pre-Development Project Summary contained in
this Attachment A, the terms, descriptions, and dollar amounts reflected in the Council Action or
contained in this Agreement and the Pre-Development Project Summary shall prevail. For the
purposes of resolving conflicts or inconsistencies, the order of precedence is: (1) the Council Action;
(2) this Agreement; (3) the Pre-Development Project Summary and Location(s); and (4) the grant
application.
PROJECT SUMMARY
Grant Number: SG- 18073
Type: LCA Pre-Development
Applicant: City of Brooklyn Center
Project Name: Immigrant Opportunity Center – Center for Asian & Pacific
Islanders (CAPI)
Project Location: 5950 Brooklyn Boulevard
Council District: 2 - Chamblis
Project Detail
Future Development
Project Overview
CAPI seeks to expand its Immigrant Opportunity Center “campus.”
CAPI envisions a two-story mixed-use retail / commercial space to
become the new home of CAPI’s Financial Opportunity and
Benefits Enrollment Centers, tenant space for BIPOC-led nonprofit
partners, and community event and training spaces. Funding will
support the very early stages of CAPI’s feasibility study, site
planning, and community engagement efforts.
Project Comments x Project will improve connections and create economic
opportunities for local residents.
x Project team had a clear understanding of the community who
will be in the space and how to incorporate them into the design
and visioning process
Funding
Grant Amount $125,000
Use of funds
Amount Uses and Deliverables to be completed by the end of the grant
term
$25,000 Use: Design Workshops/Community Engagement
Deliverable: Documentation of focus groups and how information
gathered will be incorporated into the project
$15,000 Use: Development of project-specific or district-wide Stormwater
Management Plan
Deliverable: Preliminary civil design of project stormwater
management plan
$35,000 Use: Development of site plans, staging plans, public realm plans
Deliverable: Schematic design development of the site and building
plan
$50,000 Use: Market or Feasibility Study
Deliverable: Market study, financial feasibility with 3-4
development scenarios
ATTACHMENT B
PRE-DEVELOPMENT PROJECT LOCATION(S)
This attachment comprises this page and the succeeding page(s) which contain aerial photography or
drawings that identify the specific location(s) within the Project boundaries or the Site(s) for which
the Grantee must use the grant funds. The attached photography or drawings also may identify the
types of eligible activities for which the grant funds must be used at specific locations within the
Project boundaries or within the Site(s).
Member __________ introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2023-
RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR LIVABLE
COMMUNITIES ACT’S LIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT FUNDING AND TRANSIT ORIENTED DEVELOPMENT
FUNDING AUTHORIZING ACCEPTANCE OF GRANT FUNDS FOR
CENTER FOR ASIAN AND PACIFIC ISLANDER
WHEREAS the City of Brooklyn Center, Minnesota was a participant in the
Livable Communities Act’s (“LCA”) Local Housing Incentives Account Program for 2022 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 11th, 2022; 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 ‘Center for Asian and Pacific Islander’
development was awarded $125,000 in LCDA grant funds on September 14th, 2022; 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 June 30th, 2024.
2. Authorizes its City Manager to accept awarded funds on behalf of the City for the
application for the Fall 2022 funding cycle for Metropolitan Council Livable
Communities Demonstration Account grant funds, and Transit Oriented Development
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.
May 8, 2023
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.
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Member introduced the following resolution and moved its
adoption:
RESOLUTION NO. ________
RESOLUTION RELATING TO ANIMAL CONTROL: CONTINUATION OF
JOINTS POWERS AGREEMENT WITH PETS UNDER POLICE SECURITY (PUPS)
WHEREAS, the City of Brooklyn Center approved Resolution 90-190; authorizing a
Joint Powers Agreement (JPA) with Pets Under Police Security (PUPS);
WHEREAS, the City has continued this JPA and is satisfied with the quality of services
provided by PUPS; and
WHEREAS, the City of Brooklyn Center desires to renew the Joint Powers Agreement
with PUPS through December 31, 2053.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Brooklyn
Center, Minnesota, approves a Joint Powers Agreement with Pets Under Police Security
(PUPS) for the term of January 1, 2023 through December 31, 2053.
May 10, 2023
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
JOINT POWERS AGREEMENT
for
PETS UNDER POLICE SECURITY (“PUPS”)
This JOINT POWERS AGREEMENT (“Agreement”) is made and entered into pursuant to
Minn. Stat. § 471.59 by the cities of Maple Grove, Brooklyn Center, Brooklyn Park, Champlin,
Crystal, New Hope, Plymouth, and Robbinsdale (“Members”) as of the Effective Date specified
herein.
WHEREAS, the Members acknowledge that in the course of operations of their respective
municipal animal control efforts, they encounter animals that require safe, efficient, and
economical impoundment;
WHEREAS, the Members desire and intend to maintain an organization by which they may
jointly and cooperatively provide for the impoundment of such animals in a jointly operated
animal control impound facility (“PUPS Facility”);
WHEREAS, the Members desire to provide for the joint use and shared financial
responsibilities of operation of the PUPS Facility;
WHEREAS, the PUPS Facility is located at 11350 89th Ave N, Maple Grove, MN 55369;
BASED UPON AND IN CONSIDERATION OF THE FOREGOING, the Members agree as follows:
1. Term. This Agreement shall commence on January 1, 2023 (“Effective Date”) and expire
on December 31, 2053 unless earlier terminated as specified herein. Upon expiration of
the initial term, the Members may negotiate and may agree to extend this Agreement.
2. Membership
a. Initial membership. By executing this Agreement, municipalities noted above are
the initial Members of PUPS and are subject to the terms and conditions of this
Agreement.
b. Additional members. Any governmental unit may make application to become a
member of PUPS. In order to apply, a governmental unit must contact the Board
and inform the Board of the governmental unit’s intent to join. Applications will
be considered in the sole discretion of the Board and according to terms and
conditions set by the Board in accordance with this Agreement. The terms and
conditions of additional membership shall be documented in an addendum to this
Agreement.
c. Withdrawal. Members may elect to withdraw from PUPS upon written notice to
the Board no later than June 30 in any year specifying an effective date no earlier
than January 1 of the subsequent year. All obligations of the withdrawing Member
continue through the effective date of withdrawal.
2
3. Board
a. Composition and voting. The governing body of PUPS shall be a Board of Directors
(“Board”) consisting of one board member from each Member city. Each Member
has one vote and proxy voting shall not be allowed. Maple Grove’s representative
shall be the board chair.
b. Meetings. Except as otherwise provided in this Agreement, the Board shall meet
either virtually or in person as often as it is deemed necessary and keep minutes,
in either electronic or written form, of the substance of each meeting. Minutes of
the Board meetings shall be made available to Members for their review.
c. Board authority. The Board by majority vote of its members must approve the
annual operation budget and any significant budgetary impacts or changes, any
capital improvements, and any new members. The Maple Grove City
Administrator may overturn any decision by the Board resulting in additional
building maintenance expenditures, modification of the PUPS Facility, or
increased capital improvement needs.
4. Management and Use
a. Animal Containment Coordinator. Maple Grove will appoint, employ, and
supervise an Animal Containment Coordinator for the PUPS Facility. The Animal
Containment Coordinator will be employed by Maple Grove, the costs of which,
including wages, benefits, and other related expenses, shall be proportionally paid
for by the Members.
b. PUPS Facility Use. The Animal Containment Coordinator, in consultation with the
Board, will be responsible for setting the hours of operation, public hours, records
management, and animal care subject to the rights and obligations of the
Members.
c. Use by non-Members. The Board will establish guidelines, polices, rates, and fees
for any use of the PUPS Facility by non-Members.
d. Maintenance. Maple Grove shall be responsible for all maintenance, repair,
replacement, and upkeep of the PUPS Facility necessary to keep it in good repair
and clean condition, the costs for which will be paid by the Members in
proportion to their share set forth herein. If the Board determines that Maple
Grove has failed to perform the maintenance or make any of the repairs or
changes required by this Agreement, the Board shall notify Maple Grove in
writing of the required maintenance, repairs, or changes. Maple Grove has 30
days after receipt of such notice to perform or make the required maintenance,
repairs, or changes, after which time upon authorization by the Board any other
Member may but are not obligated to perform or make the required
maintenance, repairs, or changes, the costs of which shall be shared among all
Members in proportion to their share set forth herein. In such event, Maple
Grove shall allow reasonable access to the PUPS Facility to any person
authorized by the Board to perform maintenance, repairs, or changes. If Maple
Grove fails to timely cure under this Article, it shall be liable for any damage to
3
property or loss sustained by the other Members, except damage or loss caused
by any other Members’ negligent or willful conduct. Maple Grove’s failure to
timely cure under this Article shall not constitute a default of this Agreement
unless such failure significantly impairs the other Members’ use of PUPS.
5. Operations
a. Owner-Operator. Maple Grove shall be the owner, operator, and fiscal agent of
PUPS, subject to the rights and obligations of the Members set forth in this
agreement. Maple Grove shall control all PUPS operations including but not
limited to staffing and billing. No Member shall take any action to install
equipment or modify the PUPS Facility or the real property on which the PUPS
Facility is located without express, written, advance approval from the Board.
b. Operating Costs. Operating Costs include all expenses and costs incurred and
normally required with respect to repair, replacement, maintenance, and
operation of the PUPS Facility and equipment, improvements, sidewalk,
driveways, and parking facilities. Operating costs shall include but are not limited
to the following:
i. Wages, salaries, benefits, and related expenses of all employees
engaged in the operation, management, maintenance, and care of
animals within the PUPS Facility, including, without limitation, the
Animal Containment Coordinator;
ii. All supplies and materials used in the operation and maintenance of the
PUPS Facility;
iii. Cost of utilities, including but not limited to water, sewer, heating,
lighting, electricity, air conditioning, and ventilation for the PUPS Facility;
iv. Maintenance and service agreements for PUPS and the maintenance,
service, and replacement of the equipment in the PUPS Facility or
parking facilities;
v. Costs of all insurance for PUPS, including but not limited to premiums,
deductibles, and the costs to purchase and maintain fire, property,
casualty, and liability insurance;
vi. Any and all common area maintenance costs related to public areas of
the PUPS Facility, including but not limited to all bathrooms, sidewalks,
landscaping, drives, and, service areas;
vii. Capital expenditures including but not limited to the cost to maintain,
repair, or replace all structural components of the PUPS Facility, fixtures,
equipment, and site improvements.
c. Operating Budget. Maple Grove shall provide Members and the Board a copy of
the proposed budget of the estimated Revenue and Operating Costs for PUPS
4
(the "Operating Budget") by June 1 for the following calendar year. The Board
shall approve the operating budget on or before August 31 of each year.
d. Cost Sharing. Members shall share in all Operating Costs for PUPS. The Board must
adopt an annual Operating Budget by June 1 of each year and provide each
Member a reasonable opportunity to comment on the proposed budget before
adoption. Notification of the adopted budget must be provided promptly to the
chief administrative officer of each member. Cost sharing shall be determined
based on the actual number of impounded animals per Member or according to
other methodology adopted by a 2/3 majority of the Board. Each Member shall
pay Maple Grove the Member’s share of Operating Costs in two equal installments
due on May 31 and August 31. The final operations bill back will be due on
February 28 of the following year. Maple Grove shall submit an invoice to the
Members approximately 30 days in advance to assure timely payment. If a
Member ceases to be a Member at any time other than the end of a calendar year,
the exiting Member’s portion of Operating Costs shall be reallocated to the
remaining Members according to their Percentage Share.
e. Unanticipated Expenses. An “unanticipated expense” is an expenditure that is not
included in an approved Operating Budget but is necessary for the continued
operation of PUPS. Maple Grove shall have discretion in consultation with the
Board to approve and incur any unanticipated expense.
f. Reconciliation and Reserve Account. On or before June 30 of each year, Maple
Grove shall provide the other Members documentation of the net surplus or
deficit of Operating Costs in relation to payments made in the preceding year. Any
such surplus or deficit in payments shall be treated as follows:
i. If there is an actual deficit, each Member will be responsible for its
Percentage Share of the deficit.
ii. If there is an actual surplus, the amount overpaid by the Members shall
be deposited into a PUPS account to be maintained by Maple Grove (the
"PUPS Capital") and used by Maple Grove for PUPS-related expenses. If
Maple Grove cancels this Agreement as provided in Paragraph 12, any
funds remaining in the PUPS Account at the time of such cancellation or
termination shall be distributed to all Members in accordance with their
Percentage Share determined at that time. Upon any other termination
or cancellation of this Agreement, Maple Grove shall retain all funds in
the PUPS Account.
g. Capital Contribution. All Members shall by June 30 of each year make a collective
annual capital investment in the PUPS Facility of $25,000, or in a different amount
as may be determined by the Board, divided among membership according to the
following percentage formula: the total annual number of animal impounds
attributable to the Member divided by the total annual number of all PUPS animal
impounds in the prior year. Partial year capital contributions will be prorated.
5
e.g. PUPS impounds 900 animals in a given year, including 100 animals
from Maple Grove. Maple Grove is responsible for 11.1% of the total
impounds. Maple Grove’s capital contribution for that year would be
$2,775 (11.1% of $25,000).
h. Inspection. Maple Grove agrees that Members, at their own expense and through
their duly authorized representatives, at any time during normal business hours
and as often as reasonably necessary, shall have the right to examine, audit,
excerpt, and transcribe any books and records which are pertinent to or involve
transactions relating to this Agreement, including verification of amounts and
types of expenses which appear on the Operating Budget or statements of actual
Operating Costs.
6. Compliance with Rules and Regulations. The Members agree to comply with all
applicable federal, state, municipal, and local laws, ordinances, and regulations while
occupying PUPS. The Members shall comply with Maple Grove’s reasonable rules for the
safety, care, cleanliness, and preservation of good order of PUPS, provided that the rules
are submitted to them in writing and do not conflict with the terms of this Agreement.
7. Insurance. Maple Grove will, at all times during the Term and any renewal period of this
Agreement, either self-insure or have and keep in force a single limit or excess umbrella
commercial general liability insurance policy of an amount not less than $500,000 per
claimant for death, bodily injury, personal injury, property loss and/or damages and
$1,500,000 for total personal injury, bodily injury, property loss and/or damages arising
from any one occurrence or greater limits which may be subsequently allowed under
Minn. Stat. §§ 466.02 and 466.04, as amended. Maple Grove will furnish Members with
Certificates of Insurance documenting the insurance coverage required by this Agreement
upon request. All Certificates shall provide that the insurance company shall give 10 days
written notice to the Members of cancellation, non-renewal, or any material change in
the policy.
8. Liability.
a. Cooperative Activity. Pursuant to Minn. Stat.§ 471.59, subd. la(a), as amended,
this Agreement is intended to be and shall be construed as a “cooperative activity”
and it is the intent of the Members that they shall be deemed a “single
governmental unit” for the purposes of liability; provided, however, that each
Member expressly declines responsibility for the acts or omissions of the other
Member. Nothing in this Agreement shall be construed to waive or limit any
immunity from, or limitation on, the liability of either Member as provided by law.
b. Third Party. To the extent that tort damages or other related costs or fees become
payable to a third party as a result of this Agreement or the activities carried out
pursuant to this Agreement, the Members shall each pay an amount equal to their
respective percentage of liability. Notwithstanding the foregoing, this Agreement
is solely for the benefit of the Members, it being the express intent of the
6
Members that no other entity or person shall have any right, claim, or interest in
this Agreement.
c. Employee Liability Limitation. No Member shall be responsible or liable for injuries
or death of the other Members' employees or officers. Each Member will maintain
worker’s compensation coverage to the extent required by law on its employees
and officers who perform work or use the PUPS Facility pursuant to this
Agreement.
d. No Immunity Waiver. Nothing in this Agreement is intended or should be
construed in any manner as a waiver of any Member’s immunities or of the tort
limits contained in Minnesota Statutes chapter 466.
9. Indemnification. Subject to the limitations, immunities, and defenses in Minnesota
Statute chapter 466, each Member shall defend, indemnify, and hold harmless the other
Members and their officers and employees from and against any and all liability, loss,
damages, costs, and expenses which it or its employees or agents may hereafter sustain,
incur, or be required to pay arising out of or resulting from the performance of this
Agreement, provided that any such claim, damage, loss, or expense is (1) attributable to
personal or bodily injury, sickness, disease, or death or to injury to or destruction of
tangible property including the loss of use therefrom; and (2) caused by any negligent acts
or omissions of the indemnifying Member or its employees, agents, or any other person
or entity for whose actions it may be liable.
10. Dispute Resolution; Applicable Law; Venue. In the event some or all of the Members are
unable to reach agreement regarding interpretation of their rights and obligations under
this Agreement, the disagreeing Members shall participate in mediation pursuant to the
Minnesota Civil Mediation Act, as amended (currently codified at Minn. Stat.§ 572.31 et
seq.) prior to initiating any other form of dispute resolution, including legal action. This
Agreement is created under and shall be read and construed according to Minnesota law.
Any legal action between the Members related to this Agreement shall be venued in a
court of competent jurisdiction in Hennepin County, Minnesota.
11. Default. If any payment by a Member required by this Agreement remains unpaid for 30
days after written notice or a Member fails to comply with any of the terms and conditions
of this Agreement and such failure continues for 30 days after written notice, such
Member shall be deemed in default. Upon the occurrence of such default, Maple Grove
may in its discretion in consultation with the Board terminate the defaulting Member’s
membership in this Agreement and recover damages from the defaulting Member
including but not limited to all unpaid amounts due and owing under this Agreement plus
any sum of money as may be determined fair and equitable by a court having jurisdiction
over this matter, plus interest at the maximum rate allowed by law.
12. Termination By Maple Grove. Maple Grove may, in its sole discretion, elect to terminate
this Agreement upon written notice to the Members. Such notice shall provide for no
less than one full budget year (January 1 – December 31) prior to its effective date of
7
termination e.g. if notice under this provision were provided on March 1, 2026, the
effective date of termination could be no earlier than January 1, 2028.
13. Miscellaneous Provisions
a. Waiver. Failure by any Member to insist, in any one or more instances, upon strict
performance of any term, covenant, or condition of this Agreement or to exercise
any option contained in this Agreement shall not be construed as a waiver or a
relinquishment for the future of such term, covenant, condition, or option, but the
same shall continue and remain in full force and effect. The Members shall not be
deemed to have waived any provision of this Agreement until expressed in a
signed writing.
b. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
instrument.
c. No Assignment. This Agreement may not be assigned except by the advance,
express written consent of all other Members.
d. Entire Agreement; Modification. This Agreement shall constitute the entire
agreement among the Members as to the subject matter and any understandings
or representations of any kind preceding the execution of this Agreement shall not
be binding upon the Members. This Agreement may not be amended or modified
except by a written instrument executed by all Members.
e. Authority. Each Member represents and warrants that it has the power and
authority to enter into this Agreement. Each Member further represents and
warrants that the person or persons executing this Agreement on its behalf have
full and complete legal authority to do so, and thereby bind the Member and, to
the extent permitted by this Agreement, its successors and assigns.
f. Notices. Any notice or demand, which may or must be given or made by any
Member under the terms of this Agreement or any statute or ordinance shall be
in writing and be sent registered or certified mail to the other Members addressed
as follows:
To: Maple Grove
City Clerk
City of Maple Grove
12800 Arbor Lakes Parkway
Maple Grove, MN 55369
To: Brooklyn Park
Police Chief
City of Brooklyn Park
5400 85th Ave. N
Brooklyn Park, MN 55443
8
To: Brooklyn Center
Police Chief
City of Brooklyn Center
6645 Humboldt Ave
Brooklyn Center, MN 55430
To: Champlin
Police Chief
City of Champlin
11955 Champlin Drive
Champlin, MN 55316
9
To: Crystal
Police Chief
City of Crystal
4141 Douglas Drive N
Crystal, MN 55427
To: New Hope
Police Chief
City of New Hope
4401 Xylon Ave N
New Hope, MN 55428
To: Plymouth
City Clerk
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447-1448
To: Police Chief
City of Robbinsdale
4101 Hubbard Ave N
Robbinsdale, MN 55442
Each Member may designate a different addressee or form of accepting notice at
any time by giving written notice to the other Members as provided in this
paragraph. Notice delivered by hand shall be deemed received upon delivery.
g. Acknowledgement. Each of the Members affirms and acknowledges that it has
fully read, appreciates, and understands the words, terms, conditions, and
provisions of this Agreement and is fully satisfied with the same. Each Member
affirms and acknowledges that it has been, or had the opportunity to be,
represented by legal counsel of its choice.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on
the date indicated below:
[Signature Pages to Follow]
10
CITY OF MAPLE GROVE
_________________________________
By: Mark Steffenson
Its: Mayor
Dated:______________, 2023
______________________________
By: Heidi Nelson
Its: City Administrator
Dated: _____________, 2023
11
CITY OF BROOKLYN CENTER
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
12
CITY OF BROOKLYN PARK
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
13
CITY OF CHAMPLIN
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Administrator
Dated: _____________, 2023
14
CITY OF CRYSTAL
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
15
CITY OF NEW HOPE
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
16
CITY OF PLYMOUTH
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
17
CITY OF ROBBINSDALE
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
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Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION DECLARING MAY 21-27, 2023 NATIONAL PUBLIC WORKS
WEEK IN THE CITY OF BROOKLYN CENTER
WHEREAS, Public Works services provided in our community are an integral
part of our citizens’ everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as engineering,
water, wastewater, storm drainage, streets and highways, parks and central vehicle
fleet maintenance; and
WHEREAS, the health, safety and comfort of this community greatly depend on
these facilities and services; 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, that May 21-27, 2023, as “National Public Works
Week” in the City of Brooklyn Center, and I call upon all citizens and civic
organizations to acquaint themselves with the issues involved in providing our
public works and to recognize the contributions which Public Works personnel
make every day to our health, safety, comfort and quality of life.
May 8, 2023
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.
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SOURCES
Amount Pct. Per Unit
First Mortgage 3,174,000 13.9% 58,778
TIF Mortgage (PAYGO) 482,000 2.1% 8,926
Low Income Housing Tax Credits 17,464,526 76.5% 323,417
HOME 550,000 2.4% 10,185
Hennepin County ARPA 569,463 2.5% 10,546
45L Credits 118,800 0.5% 2,200
GP Capital Contribution 50,000 0.2% 926
GP Equity 100 0.0% 2
Energy Rebate 15,000 0.1% 278
Deferred Developer Fee (16% of Total Fee) 394,305 1.7% 7,302
TOTAL SOURCES 22,818,194 100% 422,559
USES
Amount Pct. Per Unit
Acquisition Costs 1 0.0% 0
Construction Costs 17,416,220 76.3% 322,523
Professional Services 1,114,750 4.9% 20,644
Financing Costs 1,436,224 6.3% 26,597
Developer Fee 2,470,000 10.8% 45,741
Cash Accounts/Escrows/Reserves 380,999 1.7% 7,056
TOTAL USES 22,818,194 100% 422,559
12345678
30%24,660 28,170 31,680 35,190 38,010 40,830 43,650 46,740
50%41,100 46,950 52,800 58,650 63,350 68,050 72,750 77,450
60%49,320 56,340 63,360 70,380 76,020 81,660 87,300 92,940
Studio 1 2 3 4 5 6
30%616 660 792 915 1,020 1,126 1,231
50%1,027 1,100 1,320 1,525 1,701 1,877 2,052
60%1,233 1,320 1,584 1,830 2,041 2,253 2,463
$
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2,330,151$
2,478,633,845 102,384 0.0041%
32,169,910 102,384 0.3183%
259,808,191 102,384 0.0394%
34.5420% 29.49% 102,384 $ 35,365
55.9690% 47.78% 102,384 57,303
19.6400% 16.77% 102,384 20,108
6.9940% 5.97% 102,384 7,161
117.1450% 100.00% $ 119,938
!
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Wangstad C
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City of Brooklyn Center, MN
54-Unit Affordable Apartment
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5
8
No
t
e
:
1.
Base values are for pay 2022 based upon vales received from the County on 5-27-21.
2.
Located in SD #279 and WS #8
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Wangstad C
o
mmons - 3% Inf
lation
City of Brooklyn Center, MN
54-Unit Affordable Apartment
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:
1.
Market values are based upon estimates provided by the County Assessor's office.
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Note:
1.
Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors
which cannot be predicted.
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8
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7
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5
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5
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4
6
8
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7
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1
4
5
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5
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1
2
0
29
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6
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(
2
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4
5
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2
6
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5
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0
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8
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4
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9
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5
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2
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8
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8
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2
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6
7
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1
7
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1
4
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6
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9
9
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4
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1
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3
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2
7
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3
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1
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0
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9
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5
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5
8
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-
5
2
,
0
6
7
11
7
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1
4
5
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6
0
,
9
9
4
30
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4
9
7
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1
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(
3
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0
3
9
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2
7
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3
4
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3
9
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0
0
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4
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2
/
0
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2
9
10
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5
6
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5
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2
(
2
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8
5
8
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-
5
3
,
7
1
5
1
1
7
.
1
4
5
%
6
2
,
9
2
4
3
1
,
4
6
2
(
1
1
3
)
(
3
,
1
3
5
)
2
8
,
2
1
4
1
6
2
,
1
4
6
4
.
5
2
0
2
9
0
8
/
0
1
/
2
9
10
0
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5
6
,
5
7
2
(2
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8
5
8
)
-
5
3
,
7
1
5
11
7
.
1
4
5
%
6
2
,
9
2
4
31
,
4
6
2
(1
1
3
)
(
3
,
1
3
5
)
2
8
,
2
1
4
1
8
4
,
8
3
8
5
2
0
2
9
0
2
/
0
1
/
3
0
10
0
%
5
8
,
2
7
0
(2
,
8
5
8
)
-
5
5
,
4
1
2
11
7
.
1
4
5
%
6
4
,
9
1
3
3
2
,
4
5
6
(1
1
7
)
(
3
,
2
3
4
)
2
9
,
1
0
6
2
0
7
,
7
8
7
5
.
5
2
0
3
0
0
8
/
0
1
/
3
0
10
0
%
5
8
,
2
7
0
(
2
,
8
5
8
)
-
5
5
,
4
1
2
1
1
7
.
1
4
5
%
6
4
,
9
1
3
32
,
4
5
6 (
1
1
7
)
(
3
,
2
3
4
)
2
9
,
1
0
6
2
3
0
,
2
8
7
6
2
0
3
0
0
2
/
0
1
/
3
1
10
0
%
6
0
,
0
1
8
(2
,
8
5
8
)
-
5
7
,
1
6
0
11
7
.
1
4
5
%
6
6
,
9
6
0
3
3
,
4
8
0
(1
2
1
)
(
3
,
3
3
6
)
3
0
,
0
2
4
2
5
3
,
0
4
1
6
.
5
2
0
3
1
0
8
/
0
1
/
3
1
10
0
%
6
0
,
0
1
8
(2
,
8
5
8
)
-
5
7
,
1
6
0
11
7
.
1
4
5
%
6
6
,
9
6
0
33
,
4
8
0
(1
2
1
)
(
3
,
3
3
6
)
3
0
,
0
2
4
2
7
5
,
3
4
9
7
2
0
3
1
0
2
/
0
1
/
3
2
10
0
%
6
1
,
8
1
8
(2
,
8
5
8
)
-
5
8
,
9
6
1
11
7
.
1
4
5
%
6
9
,
0
7
0
3
4
,
5
3
5
(1
2
4
)
(
3
,
4
4
1
)
3
0
,
9
6
9
2
9
7
,
9
0
9
7
.
5
2
0
3
2
0
8
/
0
1
/
3
2
10
0
%
6
1
,
8
1
8
(2
,
8
5
8
)
-
5
8
,
9
6
1
11
7
.
1
4
5
%
6
9
,
0
7
0
34
,
5
3
5
(1
2
4
)
(
3
,
4
4
1
)
3
0
,
9
6
9
3
2
0
,
0
2
6
8
2
0
3
2
0
2
/
0
1
/
3
3
10
0
%
6
3
,
6
7
3
(2
,
8
5
8
)
-
6
0
,
8
1
5
11
7
.
1
4
5
%
7
1
,
2
4
2
3
5
,
6
2
1
(1
2
8
)
(
3
,
5
4
9
)
3
1
,
9
4
4
3
4
2
,
3
9
1
8
.
5
2
0
3
3
0
8
/
0
1
/
3
3
10
0
%
63
,
6
7
3
(2
,
8
5
8
)
-
6
0
,
8
1
5
11
7
.
1
4
5
%
7
1
,
2
4
2
35
,
6
2
1
(1
2
8
)
(
3
,
5
4
9
)
3
1
,
9
4
4
3
6
4
,
3
1
9
9
2
0
3
3
0
2
/
0
1
/
3
4
10
0
%
6
5
,
5
8
3
(2
,
8
5
8
)
-
6
2
,
7
2
6
11
7
.
1
4
5
%
7
3
,
4
8
0
3
6
,
7
4
0
(1
3
2
)
(
3
,
6
6
1
)
3
2
,
9
4
7
3
8
6
,
4
9
1
9
.
5
2
0
3
4
0
8
/
0
1
/
3
4
10
0
%
6
5
,
5
8
3
(
2
,
8
5
8
)
-
6
2
,
7
2
6
1
1
7
.
1
4
5
%
7
3
,
4
8
0
36
,
7
4
0 (
1
3
2
)
(
3
,
6
6
1
)
3
2
,
9
4
7
4
0
8
,
2
2
8
1
0
2
0
3
4
0
2
/
0
1
/
3
5
10
0
%
6
7
,
5
5
1
(2
,
8
5
8
)
-
6
4
,
6
9
3
11
7
.
1
4
5
%
7
5
,
7
8
5
3
7
,
8
9
2
(1
3
6
)
(
3
,
7
7
6
)
3
3
,
9
8
0
4
3
0
,
2
0
8
1
0
.
5
2
0
3
5
0
8
/
0
1
/
3
5
10
0
%
6
7
,
5
5
1
(2
,
8
5
8
)
-
6
4
,
6
9
3
11
7
.
1
4
5
%
7
5
,
7
8
5
37
,
8
9
2
(1
3
6
)
(
3
,
7
7
6
)
3
3
,
9
8
0
4
5
1
,
7
5
7
1
1
2
0
3
5
0
2
/
0
1
/
3
6
10
0
%
6
9
,
5
7
7
(2
,
8
5
8
)
-
6
6
,
7
2
0
11
7
.
1
4
5
%
7
8
,
1
5
9
3
9
,
0
7
9
(1
4
1
)
(
3
,
8
9
4
)
3
5
,
0
4
5
4
7
3
,
5
4
5
1
1
.
5
2
0
3
6
0
8
/
0
1
/
3
6
10
0
%
6
9
,
5
7
7
(2
,
8
5
8
)
-
6
6
,
7
2
0
11
7
.
1
4
5
%
7
8
,
1
5
9
39
,
0
7
9
(1
4
1
)
(
3
,
8
9
4
)
3
5
,
0
4
5
4
9
4
,
9
0
6
1
2
2
0
3
6
0
2
/
0
1
/
3
7
10
0
%
7
1
,
6
6
4
(2
,
8
5
8
)
-
6
8
,
8
0
7
11
7
.
1
4
5
%
8
0
,
6
0
4
4
0
,
3
0
2
(1
4
5
)
(
4
,
0
1
6
)
3
6
,
1
4
1
5
1
6
,
5
0
3
1
2
.
5
2
0
3
7
0
8
/
0
1
/
3
7
10
0
%
7
1
,
6
6
4
(2
,
8
5
8
)
-
6
8
,
8
0
7
11
7
.
1
4
5
%
8
0
,
6
0
4
40
,
3
0
2
(1
4
5
)
(
4
,
0
1
6
)
36
,
1
4
1
5
3
7
,
6
7
7
1
3
2
0
3
7
0
2
/
0
1
/
3
8
10
0
%
7
3
,
8
1
4
(2
,
8
5
8
)
-
7
0
,
9
5
7
11
7
.
1
4
5
%
8
3
,
1
2
2
4
1
,
5
6
1
(1
5
0
)
(
4
,
1
4
1
)
3
7
,
2
7
0
5
5
9
,
0
8
4
1
3
.
5
2
0
3
8
0
8
/
0
1
/
3
8
10
0
%
7
3
,
8
1
4
(2
,
8
5
8
)
-
7
0
,
9
5
7
11
7
.
1
4
5
%
8
3
,
1
2
2
41
,
5
6
1
(1
5
0
)
(
4
,
1
4
1
)
3
7
,
2
7
0
5
8
0
,
0
7
1
1
4
2
0
3
8
0
2
/
0
1
/
3
9
10
0
%
7
6
,
0
2
9
(
2
,
8
5
8
)
-
7
3
,
1
7
1
1
1
7
.
1
4
5
%
8
5
,
7
1
6
4
2
,
8
5
8
(
1
5
4
)
(
4
,
2
7
0
)
3
8
,
4
3
4
6
0
1
,
2
8
9
1
4
.
5
2
0
3
9
0
8
/
0
1
/
3
9
10
0
%
7
6
,
0
2
9
(2
,
8
5
8
)
-
7
3
,
1
7
1
11
7
.
1
4
5
%
8
5
,
7
1
6
42
,
8
5
8
(1
5
4
)
(
4
,
2
7
0
)
3
8
,
4
3
4
6
2
2
,
0
9
1
1
5
2
0
3
9
0
2
/
0
1
/
4
0
10
0
%
7
8
,
3
1
0
(2
,
8
5
8
)
-
7
5
,
4
5
2
11
7
.
1
4
5
%
8
8
,
3
8
8
4
4
,
1
9
4
(1
5
9
)
(
4
,
4
0
4
)
3
9
,
6
3
2
6
4
3
,
1
2
1
1
5
.
5
2
0
4
0
0
8
/
0
1
/
4
0
10
0
%
7
8
,
3
1
0
(2
,
8
5
8
)
-
7
5
,
4
5
2
11
7
.
1
4
5
%
8
8
,
3
8
8
44
,
1
9
4
(1
5
9
)
(
4
,
4
0
4
)
3
9
,
6
3
2
6
6
3
,
7
3
9
1
6
2
0
4
0
0
2
/
0
1
/
4
1
10
0
%
8
0
,
6
5
9
(2
,
8
5
8
)
-
7
7
,
8
0
1
11
7
.
1
4
5
%
9
1
,
1
4
0
4
5
,
5
7
0
(1
6
4
)
(
4
,
5
4
1
)
4
0
,
8
6
6
6
8
4
,
5
8
1
1
6
.
5
2
0
4
1
0
8
/
0
1
/
4
1
10
0
%
8
0
,
6
5
9
(2
,
8
5
8
)
-
7
7
,
8
0
1
11
7
.
1
4
5
%
9
1
,
1
4
0
45
,
5
7
0
(1
6
4
)
(
4
,
5
4
1
)
4
0
,
8
6
6
7
0
5
,
0
1
5
1
7
2
0
4
1
0
2
/
0
1
/
4
2
10
0
%
8
3
,
0
7
9
(2
,
8
5
8
)
-
8
0
,
2
2
1
11
7
.
1
4
5
%
9
3
,
9
7
5
4
6
,
9
8
8
(
1
6
9
)
(
4
,
6
8
2
)
4
2
,
1
3
7
7
2
5
,
6
7
1
1
7
.
5
2
0
4
2
0
8
/
0
1
/
4
2
10
0
%
8
3
,
0
7
9
(2
,
8
5
8
)
-
8
0
,
2
2
1
11
7
.
1
4
5
%
9
3
,
9
7
5
46
,
9
8
8
(1
6
9
)
(
4
,
6
8
2
)
4
2
,
1
3
7
7
4
5
,
9
2
3
1
8
2
0
4
2
0
2
/
0
1
/
4
3
10
0
%
8
5
,
5
7
1
(2
,
8
5
8
)
-
8
2
,
7
1
3
11
7
.
1
4
5
%
9
6
,
8
9
5
4
8
,
4
4
7
(1
7
4
)
(
4
,
8
2
7
)
4
3
,
4
4
6
7
6
6
,
3
9
4
1
8
.
5
2
0
4
3
0
8
/
0
1
/
4
3
10
0
%
8
5
,
5
7
1
(
2
,
8
5
8
)
-
8
2
,
7
1
3
1
1
7
.
1
4
5
%
9
6
,
8
9
5
48
,
4
4
7 (
1
7
4
)
(
4
,
8
2
7
)
4
3
,
4
4
6
7
8
6
,
4
6
3
1
9
2
0
4
3
0
2
/
0
1
/
4
4
10
0
%
8
8
,
1
3
8
(2
,
8
5
8
)
-
8
5
,
2
8
1
11
7
.
1
4
5
%
9
9
,
9
0
2
4
9
,
9
5
1
(1
8
0
)
(
4
,
9
7
7
)
4
4
,
7
9
4
8
0
6
,
7
5
0
1
9
.
5
2
0
4
4
0
8
/
0
1
/
4
4
10
0
%
8
8
,
1
3
8
(2
,
8
5
8
)
-
8
5
,
2
8
1
11
7
.
1
4
5
%
9
9
,
9
0
2
49
,
9
5
1
(1
8
0
)
(
4
,
9
7
7
)
4
4
,
7
9
4
8
2
6
,
6
3
9
2
0
2
0
4
4
0
2
/
0
1
/
4
5
10
0
%
9
0
,
7
8
2
(2
,
8
5
8
)
-
8
7
,
9
2
5
11
7
.
1
4
5
%
1
0
2
,
9
9
9
5
1
,
5
0
0
(1
8
5
)
(
5
,
1
3
1
)
4
6
,
1
8
3
8
4
6
,
7
4
3
2
0
.
5
2
0
4
5
0
8
/
0
1
/
4
5
10
0
%
9
0
,
7
8
2
(2
,
8
5
8
)
-
8
7
,
9
2
5
11
7
.
1
4
5
%
1
0
2
,
9
9
9
51
,
5
0
0
(1
8
5
)
(
5
,
1
3
1
)
4
6
,
1
8
3
8
6
6
,
4
5
2
2
1
2
0
4
5
0
2
/
0
1
/
4
6
10
0
%
9
3
,
5
0
6
(2
,
8
5
8
)
-
9
0
,
6
4
8
11
7
.
1
4
5
%
1
0
6
,
1
9
0
5
3
,
0
9
5
(1
9
1
)
(
5
,
2
9
0
)
4
7
,
6
1
3
8
8
6
,
3
7
4
2
1
.
5
2
0
4
6
0
8
/
0
1
/
4
6
10
0
%
9
3
,
5
0
6
(2
,
8
5
8
)
-
9
0
,
6
4
8
1
1
7
.
1
4
5
%
1
0
6
,
1
9
0
53
,
0
9
5 (
1
9
1
)
(
5
,
2
9
0
)
4
7
,
6
1
3
9
0
5
,
9
0
5
2
2
2
0
4
6
0
2
/
0
1
/
4
7
10
0
%
9
6
,
3
1
1
(2
,
8
5
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1
BR291-422-864841.v2
Member introduced the following resolution and moved its adoption:
CITY OF BROOKLYN CENTER, MINNESOTA
RESOLUTION NO. 2023-
RESOLUTION REMOVING CERTAIN PARCELS FROM TAX INCREMENT
FINANCING DISTRICT NO. 6, APPROVING A MODIFICATION TO THE
REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND
REDEVELOPMENT PROJECT NO. 1, ESTABLISHING TAX INCREMENT
FINANCING DISTRICT NO. 10: WANGSTAD COMMONS (A HOUSING
DISTRICT) THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN
THEREFOR
WHEREAS, the City of Brooklyn Center, Minnesota (the “City”) and the Brooklyn Center
Economic Development Authority, a public body corporate and politic (the “EDA”), have
undertaken a program to promote economic development and job opportunities, promote the
development and redevelopment of land which is underutilized within the City and have created a
redevelopment project known as Housing Development and Redevelopment Project No. 1 (the
“Redevelopment Project”) in the City, pursuant to Minnesota Statutes, Sections 469.001 to
469.047 and Sections 469.090 to 469.1081, all inclusive, as amended, (collectively, the
“Redevelopment Project Act”), administered by the EDA; and
WHEREAS, the City and the EDA have heretofore established Tax Increment Financing
District No. 6, a housing tax increment financing district (“TIF District No. 6”), within the
Redevelopment Project and approved a tax increment financing plan therefor (the “TIF No. 6
Plan”), all pursuant to and in conformity with applicable law, including Minnesota Statutes,
Sections 469.174 through 469.1794, as amended (the “TIF Act” and, together with the TIF Act
and the Redevelopment Project Act, the “Act”) and the Redevelopment Project Act; and
WHEREAS, among others, the parcels currently identified as follows (the “Parcels”) were
included in TIF District No. 6: 34-119-21-43-0049, 34-119-21-43-0050, 34-119-21-43-0051, and
34-119-21-43-0052; and
WHEREAS, the City desires by this resolution to amend the TIF No. 6 Plan to remove the
Parcels from TIF District No. 6 and include them in TIF District No. 10 (as hereinafter defined),
thereby reducing the size of TIF District No. 6 (the “TIF No. 6 Plan Modification”); and
WHEREAS, the Parcels being removed from the TIF District No. 6 are exempt from
property taxation because they are owned by the EDA and have a current net tax capacity below
the net tax capacity of those Parcels in the original net tax capacity thereof; therefore, the City
Council held a public hearing on the date hereof on the removal of the Parcels from TIF District
No. 6 pursuant to Section 469.175, Subdivision 4 of the TIF Act; and
2
BR291-422-864841.v2
RESOLUTION NO. 2023-
WHEREAS, it has been proposed that the EDA modify the redevelopment plan for the
Redevelopment Project (the “Redevelopment Plan”); establish Tax Increment Financing District
No. 10: Wangstad Commons, a housing tax increment financing district (“TIF District No. 10”),
within the Redevelopment Project; remove the Parcels from TIF District No. 6 and include them
in TIF District No. 10; adopt the Tax Increment Financing Plan (the “TIF No. 10 Plan” and,
together with the Redevelopment Plan and the TIF No. 6 Plan Modification, the “Plans”) for TIF
District No. 10; and authorize the execution of certain agreements and documents related thereto
(as further described and defined herein); all pursuant to and in conformity with the Act, and all as
reflected herein and in that certain document entitled in part “Modification to the Redevelopment
Plan - Housing Development and Redevelopment Project No. 1 and Tax Increment Financing
(TIF) Plan - Establishment of Tax Increment Financing District No. 10: Wangstad Commons (a
housing district)” and presented for consideration by the Council; and
WHEREAS, the Council has investigated the facts relating to the Plans and certain
information and material (collectively, the “Materials”) relating to the TIF No. 10 Plan and to the
activities contemplated in TIF District No. 10 have heretofore been prepared and submitted to the
Council and/or made a part of the City files and proceedings on the TIF No. 10 Plan. The Materials
include the tax increment application made, project pro forma financial statement, project sources
and uses and other information supplied by JO Companies, LLC (or an affiliate thereof, the
“Developer”) as to the activities contemplated therein, the items listed under the heading
“Supporting Documentation” in the TIF No. 10 Plan, and information constituting or relating to
(1) why the assistance satisfies the so-called “but for” test and (2) the basis for the other findings
and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the
Materials, which are hereby incorporated into and made as fully a part of this resolution to the
same extent as if set forth in full herein; and
WHEREAS, the City has performed all actions required by law to be performed prior to
the adoption and approval of the Plans, including but not limited to notice to the County
Commissioner representing the area of the County to be removed from TIF District No. 6 and
included in TIF District No. 10, delivery of the Plans to Hennepin County and Independent School
District No. 279, and holding a public hearing thereon by the City on the date hereof following
notice thereof published in accordance with state law; and
WHEREAS, the Council has considered the documentation submitted in support of TIF
District No. 10 and the Plans and has considered the information and knowledge gained in hearings
upon and during consideration of other matters relating to the proposed development; and
WHEREAS, TIF District No. 10 is being established to facilitate the construction by the
Developer of an approximately 54-unit multi-family rental housing facility and related amenities
and improvements (the “Development”) in the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council (the “Council”) of the City
of Brooklyn Center, Minnesota (the “City”), as follows:
3
BR291-422-864841.v2
RESOLUTION NO. 2023-
Section 1. Findings for the Adoption and Approval of the TIF No. 6 Plan
Modification.
1.01. The Council hereby reaffirms the original findings for TIF District No. 6 and the
findings made in connection with all subsequent modifications, including that, (i) the proposed
development of the property in TIF District No. 6 would not have occurred solely through private
investment within the reasonably foreseeable future; (ii) the increased market value of the property
therein that could reasonably be expected to occur without the use of tax increment financing
would be less than the increase in the market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum
duration of the district permitted by the TIF No. 6 Plan; (iii) that the TIF No. 6 Plan Modification
conforms to the general plan for the development or redevelopment of the City as a whole; and
(iv) that the TIF No. 6 Plan Modification will afford maximum opportunity, consistent with the
sound needs of the City as a whole, for the development or redevelopment of the project by private
enterprise. The findings set forth in the TIF No. 6 Plan are reaffirmed and incorporated herein by
reference and made a part hereof as if fully set forth herein. The TIF No. 6 Plan Modification does
not affect the estimated fiscal impacts of TIF District No. 6 on the local taxing jurisdictions
provided in connection with the adoption of the original TIF No. 6 Plan because the development
described therein was not located on the Parcels.
1.02. The adoption of the TIF No. 6 Plan Modification conforms in all respects to the
requirements of the Act and will provide necessary housing, help provide opportunities for
additional development and will promote the public purposes and accomplish the objectives
specified in the TIF No. 6 Plan and the Redevelopment Plan.
1.03. TIF District No. 6 and the TIF No. 6 Plan are hereby amended to remove the Parcels
and the TIF No. 6 Plan Modification is hereby approved. Approval of the TIF No. 6 Plan
Modification does not constitute approval of any project or a development agreement with any
developer.
1.04. City staff are authorized to file this resolution as evidence of the TIF No. 6 Plan
Modification with the Commissioner of Revenue, the Office of the State Auditor and the Hennepin
County Auditor.
Section 2. Findings for the Adoption and Approval of the Plans.
2.01. The Council hereby finds that the boundaries of the Redevelopment Project are not
being expanded and the Redevelopment Plan is not being modified other than to adopt the TIF No.
6 Plan Modification and to incorporate the establishment of TIF District No. 10 therein and
therefore the Council reaffirms the findings and determinations originally made in connection with
the establishment of the Redevelopment Project and the adoption of the Redevelopment Plan
therefor. The Council hereby finds that: (a) the land within the Redevelopment Project would not
be available for redevelopment without the financial aid to be sought under the Plans; (b) the Plans
will afford maximum opportunity, consistent with the needs of the City as a whole, for the
4
BR291-422-864841.v2
development of the Redevelopment Project by private enterprise; and (c) the Plans conform to the
general plan for the development of the City as a whole, and otherwise promotes certain public
purposes and accomplishes certain objectives as specified in the Plans, including without limitation
the development of affordable housing. The purposes and development activities set forth in the
Redevelopment Plan, as modified, are hereby expanded to include all development and
redevelopment activities occurring within TIF District No. 10.
2.02. The Council hereby finds that TIF District No. 10 is in the public interest and is a
“housing district” within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11,
because it consists of a project or a portion of a project, intended for occupancy, in part, by persons
or families of low and moderate income as defined in Chapter 462A, Title II of the National
Housing Act of 1934; the National Housing Act of 1959; the United States Housing Act of 1937,
as amended; Title V of the Housing Act of 1949, as amended; and any other similar present or
future federal, state or municipal legislation or the regulations promulgated under any of those
acts. No more than 20% of the square footage of buildings in the Development that receive
assistance from tax increments will consist of commercial, retail or other nonresidential uses.
The Development to be constructed in TIF District No. 10 will consist of
approximately 54 units of rental housing. The Developer has represented that at least 40% of the
rental housing units (i.e., 22 units) will be rented to and occupied by individuals or families whose
income is not greater than 60% or less of area median income and that no more than 20% of the
square footage of buildings in the Development that receive assistance from tax increments will
consist of commercial, retail, or other nonresidential uses.
2.03. The Council hereby makes the following additional findings in connection with TIF
District No. 10:
(a) The Council further finds that the proposed Development, in the opinion of
the Council, would not occur solely through private investment within the reasonably
foreseeable future and, therefore, the use of tax increment financing is deemed necessary.
The specific basis for such finding being:
The rents for affordable housing projects do not provide a sufficient return on
investment to stimulate new development. The Developer has represented that it
could not proceed with the Development without the tax increment assistance to be
provided to the Developer. The Developer has provided the City its estimated
Development proforma outlining project sources and uses as well as projected rent,
vacancy and financing assumptions. City staff and the City’s advisors reviewed the
information and have determined the Development is not feasible without the
proposed assistance due to anticipated rent levels and market returns not supporting
the development costs. Based on the review, the City does not expect that a
development of this type would occur in the reasonably foreseeable future but for
the use of tax increment assistance.
(b) The Council further finds that the TIF No. 10 Plan conforms to the general
plan for the development or redevelopment of the City as a whole. The specific basis for
such finding being:
5
BR291-422-864841.v2
Subject to the approval by the Council of proposed changes to the City’s
Comprehensive Plan and applicable zoning to be considered on the date hereof, the
TIF No. 10 Plan will conform with the general development plan of the City and
will generally complement and serve to implement policies adopted in the City’s
comprehensive plan. The Development contemplated on the property will be in
accordance with the zoning, as amended, or approved zoning variances for the
property.
(c) The Council further finds that the TIF No. 10 Plan will afford maximum
opportunity consistent with the sound needs of the City as a whole for the development of
TIF District No. 10 by private enterprise. The specific basis for such finding being:
The proposed Development to occur within TIF District No. 10 is the construction
by private enterprise of primarily low and moderate income multi-family rental
housing. The Development will increase the taxable market valuation of the City,
and the number of available low and moderate income multi-family housing units
in the City. Through the implementation of the TIF No. 10 Plan, the EDA will
provide an impetus for residential development, which is desirable or necessary for
the increased population and the increased need for workforce and affordable
housing within the City. The TIF No. 10 Plan also helps the City meet its goal of
providing more affordable housing options in the City.
2.04. The City elects to retain all of the captured tax capacity to finance the costs of TIF
District No. 10 and the Redevelopment Project and elects to delay the receipt of the first increment
until tax payable year 2025. Pursuant to Minnesota Statutes, Section 469.177, Subd. 3, the City
elects to calculate fiscal disparities under clause (b) (inside).
2.05. The provisions of this Section 1 are hereby incorporated by reference into and made
a part of the TIF No. 10 Plan and the findings set forth in Appendix C to the TIF No. 10 Plan are
hereby incorporated by reference into and made a part of this resolution.
2.06. The Council further finds that the Plans are intended and in the judgment of the
Council their effect will be to promote the public purposes and accomplish the objectives specified
in the TIF No. 10 Plan for TIF District No. 10 and the Redevelopment Plan for the Redevelopment
Project.
Section 3. Approval and Adoption of the Plans; Policy on Interfund Loans and
Advances.
3.01. TIF District No. 10 is hereby established and the Plans, as presented to the Council
on this date, including without limitation the findings and statements of objectives contained
therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the
office of the Executive Director of the EDA. Approval of the Plans does not constitute approval
of any project or a development agreement with any developer. The Deputy Community
Development Director, or his designee, is hereby directed to request, in writing, the Hennepin
County Auditor to certify the new TIF District and to file the Plans with the Commissioner of
Revenue and the Office of the State Auditor.
6
BR291-422-864841.v2
3.02. The Council hereby approves a policy on interfund loans or advances (“Loans”) for
TIF District No. 10, as follows:
(a) The authorized tax increment eligible costs (including without limitation
out-of-pocket administrative expenses in an amount up to $211,832, interest in an amount
up to $846,336 and other development costs in an amount up to $1,271,983) payable from
TIF District No. 10, as provided in the TIF No. 10 Plan as originally adopted or as it may
be amended, may need to be financed on a short-term and/or long-term basis via one or
more Loans, as may be determined by the City Finance Director from time to time.
(b) The Loans may be advanced if and as needed from available monies in the
City’s general fund or other City fund or account designated by the City Finance Director.
Loans may be structured as draw-down or “line of credit” obligations of the lending
fund(s).
(c) Neither the maximum principal amount of any one Loan nor the aggregate
principal amount of all Loans may exceed $2,330,151 outstanding at any time.
(d) All Loans shall mature not later than February 1, 2051 or such earlier date
as the City Finance Director may specify in writing. All Loans may be pre-paid, in whole
or in part, whether from tax increment revenue, tax increment revenue bond proceeds or
other eligible sources.
(e) The outstanding and unpaid principal amount of each Loan shall bear
interest at the rate prescribed by Minnesota Statutes, Section 469.178, Subdivision 7, which
is the greater of the rates specified under Minnesota Statutes, Sections 270C.40 or 549.09
at the time a Loan, or any part of it, is first made, subject to the right of the City Finance
Director to specify a lower rate (but not less than the City’s then-current average
investment return for similar amount and term).
(f) Such Loans within the above guidelines are pre-approved. The Loans need
not take any particular form and may be undocumented, except that the City Finance
Director shall specify the principal amount and interest rate and maintain all necessary or
applicable data on the Loans.
Approved by the City Council of the City of Brooklyn Center this 8th day of May, 2023.
Mayor, April Graves
ATTEST:
City Clerk, Barb Suciu
7
BR291-422-864841.v2
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.
5/22/2023
1
TIF District No. 10: Wangstad Commons
October 8, 2018
Review
BrooklynCenterCityCouncilMay8,2023
JesseAnderson,InterimCommunityDevelopmentDirectorandJasonAarsvold,Ehlers
Presentation Purpose
•Overviewofproject
•ReviewofTax IncrementFinancing(TIF)PlanforTIFDistrictNo.10:
Wangstad Commons
•CityCouncilpublichearingandconsiderationofaresolutiontoapprove
thefollowing:
•TheTIFplanfor TIFDistrictNo.10
•RemovalofparcelfromTIFNo.6
•Approvalofaninterfundloan(abilitytorepayandCityadministrativecostswith
futureTIF)
2
5/22/2023
2
Project Overview
•54unitaffordablerentalhousing
project
•LocatedatBrooklynBlvd.and61st Ave.
•Total projectcost:$22.8million
•Projecthasafinancinggap
•TIFassistancerecommendedat
$482,000–perEhlersAnalysis
•RequirescreationofanewTIFdistrict
3
TIF District No. 10 Overview
•Documentssetforthpolicyobjectivesfor theproject
•Identifiesthegeographiclocationoftheproject
•ProvidesmaximumbudgetauthorityforTIFrevenuesandexpenditures
•PlanningdocumentthatallowsforcreationofaTIFdistrict
•DOESNOT:Grantanyassistancefortheproject
4
5/22/2023
3
TIF District No. 10 Overview
•EstablishedasaHousingTIFDistrict
•Qualifiesbasedonincomerequirementsfor
occupants
•TIFcanpayfor certaineligibleprojectcosts
•26Ͳyearmaximumduration(although
assistanceisanticipatedfor17years)
5
TIF District No. 10 Overview
•Maximumbudgetis$2.33million
•ThisisamaximumBUDGETfortheTIFdistrictͲ notthedeveloper’sassistance
•Includes3%inflationand4%interestoverthefull26years
•Actualassistanceis$482,000(presentvalueͲ 17yearsestimated)
•AnticipatesPayͲasͲYou ͲGopaymentstothedeveloper–FromTIFonlyͲ no
otherrepaymentrequiredfromtheCity
•Includesa10%allowanceforCityadmin.costs
6
5/22/2023
4
Next Steps
•CitycouncilpublichearingandapprovaloftheTIFdistrictthisevening
•EDAapprovalofTIFdistrictthisevening
•EDAwillneedtoapproveaTIFAssistanceagreementtoformallydirect
assistancetothedeveloper
•ThisisplannedforactionatafutureEDAmeeting–1to2monthsout
•CertificationoftheDistrictbeforeJune30,2023
•Administrativestepbystaff/Ehlers
7
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App. No. 2023-001
PC 04/13/2023 | Last Revised: CC 05/08/2023
Page 1
Planning Commission Report
Meeting Date: April 13, 2023
Last Revised: May 8, 2023
Application No. 2023-001
Applicant: JO Companies, LLC
Property Owner: Economic Development Authority of the City of Brooklyn Center (EDA)
Location: 6107 Brooklyn Boulevard, 6101 Brooklyn Boulevard, 3600 61st Avenue North, and
3606 61st Avenue North, Brooklyn Center, MN 55429
Requests: Preliminary and Final Plat, Site and Building Plan, PUD Amendment and Rezoning,
and 2040 Comprehensive Plan Amendment
Map 1. Subject Property Location.
Requested Action
JO Companies, LLC (“the Applicant”) is requesting review and consideration for a proposal that would
allow for a consolidation of four vacant parcels owned by the Economic Development Authority (EDA) of
the City of Brooklyn Center and redevelopment of said site, which comprises 6101 Brooklyn Boulevard,
6107 Brooklyn Boulevard, 3600 61st Avenue North, and 3606 61st Avenue North (“the Subject Property”).
The Subject Property encompasses approximately 1.77 acres and is located at the northwest corner of
Brooklyn Boulevard and 61st Avenue North, and east of Wangstad Park.
As proposed, the redevelopment would result in the construction of a new four story, 54-unit multi-family
xApplication Filed: 03/14/2023
xReview Period (60-day) Deadline: 05/13/2023
xExtension Declared: N/A
xExtended Review Period Deadline: N/A
App. No. 2023-001
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Page 2
residential rental development and related site improvements.Due to the nature of therequest, approval
of a preliminary and final plat, site and building plan, Planned Unit Development (PUD) amendment and
rezoning, and 2040 Comprehensive Plan Amendment is required. Refer to Exhibit A for the provided
project narrative and plans, and of which includes an updated preliminary and final plat, last revised April
20, 2023 to address City staff comments outlined in the original April 13, 2023 report.
As part of the application process, a public hearing notice was submitted to the Brooklyn Center Sun Post
for publication on March 30, 2023 (Exhibit B), and notices were mailed to property owners and residents
within vicinity of the Subject Property. Development proposal signage was also installed on-site. The
Applicant also underwent a separate community engagement process, which was led by Local Initiatives
Support Corporation (LISC). More information is outlined later in the report as well as within the provided
Community Engagement Summary (Exhibit C).
Development Pattern
1960 Imagery 1970 Imagery
2012 Imagery 2022 Imagery
Image 1.Historical and Current Imagery of Subject Property Area (Courtesy: MHAPO, Hennepin County, and NearMap).
App. No. 2023-001
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Page 3
Existing Conditions
Image 2. Existing Site Conditions at Subject Property and Neighboring Uses.
Background
Applicant JO Companies began discussions with City staff regarding a proposed redevelopment of four
parcels owned by the Economic Development Authority of the City of Brooklyn Center (EDA) in 2019 and
went before City Council for a concept review in January 2020. The Subject Property had previously
generated interest from Thor Living LLC (later Coalition Development LLC) in 2018, where it was initially
presented to City Council as a 113-unit, mixed income apartment building. Although Coalition
Development LLC secured a Preliminary Development Agreement and Purchase Agreement from the City,
they were unable to follow through with the contingency period conditions outlined under the Purchase
Agreement (i.e. secure financing, receive all necessary land use approvals from the City); therefore, the
Purchase Agreement became invalid.
The Applicant initially proposed a smaller, 83 to 88-unit multi-family apartment building. In February 2020,
City Council issued a letter of support that was to accompany a grant application submittal to Hennepin
County by the Applicant, and later that month, the EDA approved a Preliminary Development Agreement
with the Applicant to allow them the ability to: conduct due diligence on the Subject Property, obtain
financing, prepare plan sets and any necessary approvals from the City, negotiate an agreement on the
sale of the Subject Property, and proceed with a request for public subsidy. This agreement was originally
set to expire on February 28, 2021, but was later extended by amendment to allow the additional time
App. No. 2023-001
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Page 4
necessary to work through the aforementioned items.
A resolution of support and authorization to submit a Livable Communities Demonstration Account (LCDA)
application to the Metropolitan Council was later passed by City Council in May 2020. This application
request was for community engagement, market and site analysis, including a planning and financial
analysis, and stipulated a monetary commitment from the City of Brooklyn Center. Grant funding was
eventually awarded for the project in June 2020.
In March 2021, an update was provided to City Council on the status of the project, which now
contemplated a further reduced 54-units of multi-family housing on the Subject Property. Although the
four-story height remained, the revised plans would offer expanded greenspace and community
amenities. It was at this point that the unit mix was also updated to increase the likelihood that the project
would be awarded tax credits from Minnesota Housing Finance Agency (MHFA). An updated proforma
with sources and uses was provided at this time, along with a unit mix table, and revised site plan. The
Applicant indicated plans to work with LISC (Local Initiatives Support Corporation) to lead their
engagement efforts.
In June 2021, the EDA approved a resolution supporting the use of tax increment financing (TIF), and in
advance of the Applicant’s initial application to Minnesota Housing Finance Agency (MHFA) for the
proposed redevelopment of the Subject Property. It was at this same meeting that the EDA also approved
a resolution approving an Option Agreement with Applicant JO Companies as well as a term sheet.
Subsequently, the Applicant facilitated a virtual community engagement process in June 2021 to gather
input on the proposed redevelopment of the Subject Property, to be known as Wangstad Commons. 400
flyers were distributed throughout the adjacent area to residents and businesses, along with email
notifications to over 100 contacts, and support from local community organizations to share the
information among their networks. Promotional materials were also provided in English, Spanish, and
Hmong. Approximately thirty participants attended the virtual community meetings, including
representatives from CAPI and ACER, and presentations were provided by City staff, providing context for
the site and information about city goals for the area and housing.
Topics addressed during these conversations, as addressed in the attached LISC Community Engagement
Summary: Wangstad Commons Proposal—JO Companies (Exhibit C) included:
1.Pedestrian and traffic flow (e.g. moving trucks);
2.Housing needs;
3.Other development in the area;
4.Proximity to Wangstad Park;
5.Security, property management, services, and tenant screening;
6.Project financing, timeline and terms of affordability;
7.Project quality, aesthetics, and amenities;
8.What will be needed for the project to be successful and to really contribute to its neighborhood
and its community?
It was during this time that the Applicant received notification that their initial application to MHFA was
unsuccessful. A second application was submitted in July 2022 and ultimately received approval for the
issuance of funding in December 2022.
In March 2023, a discussion was held during a City Council/EDA Work Session to work through certain
App. No. 2023-001
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Page 5
financing gaps and direction was requested as to a further write down of the land (Subject Property).
Based on the feedback received, City staff has begun preparing a formal TIF agreement based on the
revised terms and the creation of a new Housing Tax Increment Financing District.
As additional background, Braun Intertec completed a Phase I ESA and Phase II ESA on the Subject
Property in August 2019.
Site Data:
2040 Land Use Plan: Low-Density Residential (3.01-5 DU/Ac.) | Commercial
Neighborhood: Kylawn
Current Zoning: Planned Unit Development/Commerce District (PUD/C2) |
Neighborhood Mixed-Use (MX-N1)
Site Area: Approximately 1.77 Acres
Surrounding Area:
Direction 2040 Land Use Plan Zoning Existing Land Use
North Commercial PUD/C2 District Senior Multi-Family Development
(Sanctuary at Brooklyn Center)
South ROW | N-MU
(Neighborhood Mixed-Use)
N/A | Neighborhood
Mixed-Use (MX-N2)
61st Avenue North | Multi-Family
Development (Triplexes)
East N-MU (Neighborhood
Mixed-Use)
Neighborhood
Mixed-Use (MX-N2)
Commercial (American Legion,
Que Viet)
West Parks, Recreation, Open
Space
Public Open Space
(O)
City Park (Wangstad Park)
REQUESTS
PRELIMINARY AND FINAL PLAT
As proposed, the Applicant intends to re-plat and consolidate the Subject Property from four parcels to
one. All four parcels are currently owned by the EDA and are currently absent of any improvements with
the exception of some remnant pavement for a former overflow lot for what was the former Brookdale
Chrysler-Plymouth dealership property (now the Sanctuary at Brooklyn Center) and existing curb cuts off
Brooklyn Boulevard and 61st Avenue North.
Per a review of the preliminary plat, the zoning classification information for identified parcels 2, 3, and
4, and neighboring Wangstad Park should be updated to reflect the new zoning districts for these parcels,
which became effective in January 2023. Additionally, the Applicant will need to amend or create a new,
dedicated easement as the existing easement area located off Brooklyn Boulevard and providing shared
access to the Sanctuary at Brooklyn Center (6121 Brooklyn Boulevard) does not cover the entirety of the
access drive. A 10-foot drainage and utility easement was originally noted for dedication on the plat
around the entire perimeter of the Subject Property; however, the Applicant revised the preliminary and
final plat on April 20, 2023 and the staff report and associated Exhibit E have been updated to reflect these
changes.
Legal descriptions and easement vacation documents must be obtained for all existing easements
intended for vacation. Any proposed easements are to be dedicated as part of the preliminary and final
App. No. 2023-001
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Page 6
plat process through the City. City staff has requested certain easements, and specifically a utility
easement running through the middle of the Subject Property, be vacated in advance of a new plat
recording. The Applicant is currently in discussion with City staff to bring the vacation through City Council
within the next month and in advance of any recording for the proposed WANGSTAD’S BROOKLYN
TERRACE SECOND ADDITION.
An updated certified abstract of title or registered property report shall be provided to the City Planner
and City Attorney for review and comment, and the Applicant shall address any comments as outlined as
part of the Hennepin County plat review process.
Based on the above noted findings, City staff recommends the Planning Commission recommend City
Council approval of the submitted preliminary and final plat for WANGSTAD’S BROOKLYN TERRACE
SECOND ADDITION, subject to the Applicant complying with the outlined Approval Conditions and
approval of the related site and building plan, Planned Unit Development/re-zoning, and
Comprehensive Plan Amendment requests.
COMPREHENSIVE PLAN AMENDMENT
A comprehensive plan amendment is required anytime a community changes any part of a municipality’s
adopted comprehensive plan, including, but not limited to:
xChanges resulting from neighborhood or small area planning activities
xLand use changes to allow a proposed development
xProposed forecast changes to proposed MUSA (Metropolitan Urban Service Area) changes in
service or staging
xText changes to revise a policy or land use category
xRoutine updates to incorporate new information or update a public facilities agreement
These requests are ultimately submitted to the Metropolitan Council for review and final approval;
however, they require a recommendation from the local planning body, and local governing body
authorization for the amendment. In certain cases, an adjacent jurisdictional review is also required to
allow for other affected municipalities and districts to weigh in on any potential impacts.
The Subject Property currently has a future land use designation of both Commercial (C) and Low-Density
Residential (3.01-5 Dwelling Units per Acre). The request for the 2040 Comprehensive Plan Amendment
comes as a matter of timing as the Applicant approached the City regarding the redevelopment of the
Subject Property around the same time the 2040 Comprehensive Plan process was wrapping up in 2019.
As proposed, the request would be to amend the 2040 Comprehensive Plan to allow for a re-designation
of all four parcels to Neighborhood Mixed-Use (N-MU), which is a new land use designation that, “guides
land surrounding key neighborhood intersections for a mix of residential, retail commercial/office uses.
This designation plans for the redevelopment of existing uses and assumes a minimum of 50% of land
within this designation would be used for residential purposes, and the remaining area would be
developed with neighborhood scale retail, service and commercial uses.”
Many of the properties designated as “Neighborhood Mixed-Use” under the 2040 Comprehensive Plan
are located along the Brooklyn Boulevard Corridor. The housing opportunities outlined within the 2040
Comprehensive Plan are not necessarily slated for high-rises or master planning efforts, but instead
App. No. 2023-001
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Page 7
contemplated to have smaller footprints with the potential for incorporation of mixed use (e.g.
storefronts, restaurants).
As is outlined in Chapter 4 (Housing and Neighborhoods) of the City’s 2040 Comprehensive Plan,
“the City’s residents were vocal about the existing multi-family options available in the community and
the lack of diversity within the multi-family housing stock. Without a full inventory of all available multi-
family units it is difficult to confirm some of the anecdotal comments heard throughout the process, but
nevertheless it is important to consider since residents’ testimony provides valuable insight into the
existing housing stock. Several residents indicated that there are few options available for larger multi-
family units with at least three (3) bedrooms, making it difficult to find stable living options for families
with more than two (2) children. Residents also communicated a desire to have housing options that were
closer to supportive retail, commercial and services so that they could walk, bike or easily use transit to
meet their needs. Despite these challenges, the City’s parks, trails and open spaces were viewed as an
integral and important part of their quality of life.”
As Brooklyn Boulevard (CSAH 152) is considered a minor arterial roadway and with an average daily traffic
count of just under 20,000 cars per day (2021) per the Minnesota Department of Transportation’s Traffic
Mapping Application, the City of Brooklyn Center has actively pursued opportunities to improve roadway
and intersection safety (e.g. removals and consolidation of curb cuts), enhance traffic operations, and
provide improved bicycle and pedestrian travel. This was recently executed in coordination with Hennepin
County as part of the Brooklyn Boulevard Corridor project, which wrapped up last year. The City’s
Economic Development Authority (EDA) has also strategically acquired single-family residential properties
located along Brooklyn Boulevard in the hopes of consolidating parcels for the highest and best use—the
Subject Property is an example of an assemblage of four (4) EDA-owned parcels acquired between 2012
and 2019.
Map 2. 2040 Future Land Use Plan and Subject Property (highlighted in black).
Redevelopment of the Subject Property would not only create vibrancy at the intersection of 61st and
Brooklyn Boulevard, but provide a transitionary point as the neighborhood to the west is almost entirely
comprised of single-family residential. Given that the Metropolitan Council anticipates the creation of
over 2,200 new housing units over the next 20 years within the City of Brooklyn Center, the addition of 54
new dwelling units and at the unit mix proposed provides greater housing options within a city that is, for
the most part, fully built out.
Based on the above noted findings, City staff recommends the Planning Commission recommend City
Council approval of the requested amendment to the 2040 Comprehensive Plan to allow for a re-
App. No. 2023-001
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Page 8
designation of the Subject Property, of which includes the properties currently addressed as 6107
Brooklyn Boulevard, 6101 Brooklyn Boulevard, 3600 61st Avenue North, and 3606 61st Avenue North,
from Commercial (C) and Low-Density Residential (LDR) to Neighborhood Mixed-Use (N-MU), subject to
the Applicant complying with the outlined Approval Conditions and approval of the related preliminary
and final plat, site and building plan, and Planned Unit Development/re-zoning, and contingent upon
final approval from the Metropolitan Council.
PLANNED UNIT DEVELOPMENT AMENDMENT| REZONING
The Applicant is requesting a re-zoning and amendment to the Planned Unit Development that specifically
impacts the northernmost parcel located on the Subject Property, commonly addressed as 6107 Brooklyn
Boulevard. This parcel is currently zoned Planned Unit Development/Commerce (PUD/C2) District;
whereas, the remaining three parcels are currently zoned Neighborhood Mixed-Use (MX-N1). Although
the Applicant intends to combine all four parcels into one as part of the re-plat, some clean-up is
necessary.
It should be noted that the Neighborhood Mixed-Use District (MX-N1) allows for multi-family residential
as a permitted use under Section 35-4200 (Allowed Use Table) and at a density range of 15 to 31 dwelling
units per acre (DU/Ac). The MX-N1 District’s purpose is to accommodate, “low- to medium- density
residential and multi-family residential development, with or without small-scale ground floor non-
residential uses. In addition, MX-N1 allows for the reuse of residential structures with frontage on an
arterial street for a variety of residential and non-residential uses. It is intended primarily for use along
arterial corridors, at or near major intersections, and areas adjacent those zoned MX-N2 or similarly zoned
areas.”
Under the City’s new Unified Development Ordinance (UDO), which became in effective in January 2023,
Planned Unit Developments (PUDs) established after this date are processed as Conditional Use Permits
(CUPs); however, PUDs established prior to this date required a formal re-zoning and ordinance
amendment. Per Section 35-2103.e (General Use Regulations), “Planned Unit Developments, and parcels
zoned as a Planned Unit Development, in accordance with prior zoning regulations, shall remain in effect
and shall remain subject to any and all agreements, conditions and standards applicable to the Planned
Unit Development. Amendments shall be processed in accordance with the procedures identified for
Planned Unit Developments in this UDO.”
As part of the City staff review of the Subject Property, it was determined that the parcel located at 6107
Brooklyn Boulevard was originally included in a Planned Unit Development established for the former
Brookdale Chrysler-Plymouth Dealership on September 28, 1998 under City Council Resolution No. 98-
169, and prior to this, had operated as an auto dealership since 1962. This PUD allowed for the re-zoning
of this particular parcel as well as certain property to the north, now known as the Sanctuary at Brooklyn
Center (6121 Brooklyn Center), from Commerce (C2) and Service/Office (C1) to a zoning designation of
Planned Unit Development/Commerce (PUD/C2) District. The parcel located at 6107 Brooklyn Boulevard,
which is one of the four parcels comprising the Subject Property, was intended for the, “parking and
display of passenger vehicles for sale,” according to the Planning Commission Report prepared on January
14, 2016 for the Sanctuary at Brooklyn Center project.
In 2016, under Planning Commission Application No. 2016-001, a request was made to amend the original
Brookdale Chrysler-Plymouth PUD of 1998 to, “rescind the exclusionary language of motor vehicle sales
and related activities on these two lots, and provide for the allowance of an affordable assisted living
facility for low income seniors.” The amendment also provided for the allowance of reduced setbacks.
App. No. 2023-001
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Page 9
This approval was further memorialized on January 25, 2016 under City Council Resolution No. 2016-19
(Exhibit D).
A review by the City Attorney confirmed that an amended or restated PUD Agreement is likely the best
approach to release the northernmost parcel located within the Subject Property, and known as 6107
Brooklyn Boulevard, from this existing agreement. Alternatively, the City could also authorize a release to
remove the parcel from the PUD Agreement as the City’s Economic Development Authority is the
beneficiary of said PUD Agreement.
Should the requests contemplated under Planning Commission Application No. 2023-001 be approved,
City staff will require: (1) an amendment to the existing access agreement for the shared access drive
located partially on 6107 Brooklyn Boulevard and partially on 6121 Brooklyn Boulevard (Sanctuary at
Brooklyn Center), as the current easement does not fully encompass this easement area; or enter into a
new access easement with the Sanctuary at Brooklyn Center for the area not included within the current
easement.
Based on the above noted findings, City staff recommends the Planning Commission recommend City
Council approval of the requested amendment to remove 6107 Brooklyn Boulevard from the original
1998 Planned Unit Development and re-zone the aforementioned property from PUD/C2 to MX-N1,
which is reflective of the zoning for the three other parcels, currently addressed as 6101 Brooklyn
Boulevard, 3600 61st Avenue North, and 3606 61st Avenue North, subject to the Applicant complying
with the outlined Approval Conditions, and approval of the related preliminary and final plat, site and
building plan, and Comprehensive Plan Amendment requests.
SITE AND BUILDING PLAN
Site Design
As the Applicant has been working on the proposal since 2019, various conceptual site plans have been
presented over the years. With the adoption of the City’s new Unified Development Ordinance in January
2023, the Applicant and development team worked with City staff to modify the site plan to meet the new
dimensional standards as outlined for the Neighborhood Mixed-Use District (MX-N1).
As is contemplated within this application, the Subject Property would be redeveloped into a 54-unit
multi-family residential building and related site improvements. Per the Applicant, the project is intended
to fill a largely unmet need in Brooklyn Center by providing a large number of family-style units, including
three (3) and four (4) bedroom units, at various levels of affordability with rents set between 30 and 60-
percent of the area median income (AMI). A unit mix schedule submitted by the Applicant outlines the
following breakdown in Table 1 below:
Unit Mix Schedule by Unit Type
Type Count Floor
1 Bed – 1 Bath 4 1
1 Bed – 1 Bath 3 2
1 Bed – 1 Bath 3 3
1 Bed – 1 Bath 3 4
Total 1 Bed-1 Bath Units: 13
2 Bed – 1 Bath 5 1
2 Bed – 1 Bath 8 2
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Page 10
2 Bed – 1 Bath 8 3
2 Bed – 1 Bath 6 4
Total 2 Bed-1 Bath Units: 27
3 Bed – 1 3/4 Bath 3 2
3 Bed – 1 3/4 Bath 3 3
3 Bed – 1 3/4 Bath 3 4
Total 3 Bed-1 3/4 Bath Units: 9
4 Bed – 1 3/4 Bath 2 1
4 Bed – 1 3/4 Bath 1 2
4 Bed – 1 3/4 Bath 1 3
4 Bed – 1 3/4 Bath 1 4
Total 4 Bed-1 3/4 Bath Units: 5
Total Unit Count: 54
Table 1. Unit Mix Breakdown for Proposed Wangstad Commons (Subject Property).
Minimum Dimensional Standards
As proposed, the Subject Property would be consolidated to one parcel to accommodate the four story,
54-unit multi-family residential building. Assuming a re-zoning of the northernmost parcel (6107 Brooklyn
Boulevard) to reflect the remaining three parcels’ zoning of MX-N1 District, the following dimensional
standards were provided with the submittal:
Image 3. Submitted Site Plan for Subject Property.
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Dimensional Standards MX-N1 District Wangstad Commons (Proposed)
Building Setbacks
Front Build-to (Min-Max) 5-20 feet on primary
and secondary frontage
10 foot (61st Avenue North) | 20 feet
(Brooklyn Boulevard)
Side-Interior (Min) –NOTE: Rear building
setbacks are considered side-interior setbacks
for corner lots
10 feet 180 feet (west) | 85 feet (north)
Other Standards
Structure Height (Max) 48 feet 44 feet
Density 15-31 Dwelling
Units/Acre
30.5 Dwelling Units/Acre
Table 2. Existing and Proposed Dimensional Standards for Subject Property.
As is indicated in Table 2 above, corner lots with lot lines, “not abutting street right-of-way shall, for the
purpose of this Unified Development Ordinance, be considered side-interior lot lines, and except as
otherwise provided, the use shall adhere to the setback requirements set out for interior side yards.”
Further, at least 50-percent of the first floor of the front façade of each primary building shall be located
not more than ten (10) feet from the front lot line.
Traffic | Access | Parking | Circulation | Connection
As proposed, site ingress would either be gained off Brooklyn Boulevard from the southbound lanes, or
via 61st Avenue North. For site egress, access would be limited to a right-out only at the access drive shared
with the Sanctuary at Brooklyn Center (6121 Brooklyn Boulevard), or full access options as provided off
61st Avenue North.
City staff did submit the provided plan set to Hennepin County for review. As part of their preliminary
comments, a request was made to review the proposed turnaround located at the north end of the
Subject Property. The County further indicated that the turnaround should be revised to minimize
motorist confusion. See Image 4 below.
Image 4. Proposed turnaround on Subject Property (in red).
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As part of City staff’s review, a request was made to provide turning and tracking movement diagrams for
larger and emergency vehicles as part of the application submittal. The Applicant provided a fire truck
access exhibit showing movement throughout the site on Civil Set Sheet CS102; however, no sizing details
were provided. The Applicant should revise the exhibit to reflect truck sizing to ensure it is reflective of
the City’s emergency vehicles that would provide service to the Subject Property, if needed.
Under the City’s new Unified Development Ordinance (UDO), a maximum of two (2) parking spaces per
dwelling unit are required for multi-family residential settings. As proposed, a total of 96 parking spaces
are provided at a 1.7 parking ratio per unit. Of these, 49 parking spaces would be provided in a surface
parking lot, with the remaining 47 parking spaces provided in an underground parking garage with an
access drive off the west side of the Subject Property.
Per City staff review, the proposed parking space dimensions satisfy the City’s minimum standards for 90-
degree (perpendicular) parking and the proposed drive-aisles meet the minimum 24-foot width
requirements for two-way traffic.
The Applicant denotes two sidewalk connections to the new trail installed as part of the Phase II Brooklyn
Boulevard modernization project, a sidewalk connection off 61st Avenue North, and a sidewalk connection
with internal crosswalk leading west to Wangstad Park. All sidewalks maintain a minimum six-foot clear
width as is outlined in the City’s Unified Development Ordinance.
Bicycle facilities are provided for on the submitted plan sets; however, the project architect and civil
engineers should rectify their respective sets as the architectural set denotes bicycle parking on the north
end of the Subject Property; whereas, the civil set denotes bicycle parking on the south end of the Subject
Property. An interior floor plan for the lower level parking identifies a dedicated bike storage and repair
area at the northeast corner of the building. The City’s Unified Development Ordinance stipulates the
provision of bicycle and pedestrian facilities where adjacent connections to infrastructure exist.
Lighting
A photometric plan was submitted with a fixture specification schedule. Per Section 35-5400 (Exterior
Lighting) of the City’s Unified Development Ordinance, all exterior lighting “shall be designed and
arranged to restrict direct illumination and glare onto abutting parcels,” and “mitigative measures shall
be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic and
pedestrian safety on public streets and sidewalks.”
Exterior lighting shall not exceed one (1) foot-candle as measured from the centerline of a public street
or residential property line. As proposed, the greatest point of illumination at a property line is at the
property line located just outside the pedestrian entrance off 61st Avenue North (3.3 foot-candles);
however, this area abuts street right-of-way and the illumination levels appear to reduce to 0 foot-candles
at the street centerline. All exterior lighting proposed adjacent to the Sanctuary at Brooklyn Center falls
below one (1) foot-candle at the property line. In addition, lighting across the open-air parking lot was
reviewed for compliance with the minimum and maximum illumination ranges, as well as consistency in
lighting levels across the parking lot.
As proposed, the parking lot lighting would be installed on 15-foot poles, which falls within the City’s
maximum 24-foot pole height (at finished grade) requirement. The outdoor patio area located on the
north side of the building proposes both building downlighting and 10-foot pole lighting, which falls within
the maximum 20-foot pole height permitted by City Code. All pedestrian entrances and exits will provide
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recessed downlighting above each door, and the parking garage and service doors would utilize wall
sconces. City staff worked with the project’s electrical designers to ensure City requirements were met
regarding minimum levels of illumination (5-footcandles) within five (5) feet of each entrance and exit for
multi-family residential. City staff also conveyed the use of cut off lenses or shielding for any lighting
located below residential units to minimize light spray (e.g. parking garage doors).
The Applicant inquired on the potential installation of architectural lighting of the proposed multi-family
building, but has not yet provided any revised photometric plans or lighting schedules. Per City
requirements, “lighting fixtures mounted directly on structures shall be permitted when utilized to
enhance architectural elements or to help establish scale or provide visual interest.” It should be noted
that any lighting proposed adjacent to unit windows provide cutoffs to minimize light spray into units.
Trash | Screening
Trash routing within the building will be through a central trash chute system located on the west side of
the building. Trash would collect within a trash room located on the first floor the building, and would be
wheeled out to a dedicated pickup area on service days.
All ground mounted equipment over 30-inches in height or greater than 12-cubic feet (e.g., transformers,
mechanical) shall be effectively screened from public view. Similarly, roof-mounted equipment shall also
be screened from view through use of parapets, wall/ fencing materials, or paint compatible and
complementary to the building.
An existing fence installed along the north end of the Subject Property and on the Sanctuary at Brooklyn
Center property (6121 Brooklyn Boulevard) is to remain in place as this is located off-site per plan
submittals and was a condition of City Council approval for the Sanctuary at Brooklyn Center, as outlined
under City Council Resolution No. 2016-019 .
Architectural Materials
Image 9. 3D Renderings of Proposed Building Exterior (Subject Property).
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City staff reviewed the submitted architectural set against the City’s building materials, as outlined under
Section 35-5203 of the City Code. As proposed, the Applicant intends to utilize a mix of brick, fiber cement
board, glazing, and metal paneling on each of the elevations. An elevation-by-elevation material
breakdown is provided, along with an overall material calculations breakdown. A finish schedule was also
provided for review by City staff—refer to Image 10 below.
Image 10. Overall Building Materials Calculation for Proposed Wangstad Commons and Finish Schedule (Subject Property).
Generally, the Applicant achieves the composition requirement of no less than 60-percent face brick,
natural or colored stone, pre-colored or factory stained or stained on site textured pre-cast concrete
panels, textured concrete block, stucco, glass, fiberglass, or similar materials. The remaining use of fiber
cement board lap siding and metal paneling falls within the maximum use of no more than 40-percent
pre-finished metal, Corten steel, copper, premium grade wood with mitered outside corners (e.g. cedar
redwood, fire), or fiber cement board.
On an elevation-by-elevation basis, consistency and cohesiveness were noted in utilizing the mix of
materials, with no one elevation featuring one material more than another.
City staff worked with the Applicant and development team to make small tweaks to the setbacks along
61st Avenue North to minimize encroachment of the balconies into the airspace, while complying with the
City’s maximum setback provisions for the Neighborhood Mixed-Use (MX-N1) District.
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Gathering Spaces| Amenities
The Applicant has indicated that they and their development team approached this particular project with
a long-term ownership model. Amenities were prioritized within the project design and construction in
order to ensure it will remain a desirable and marketable place for residents to live at for many years to
come, which is reflected in the incorporation of in-unit laundry, common area amenities, underground
parking options, and the installation of balconies.
The Applicant further provided City staff with additional information surrounding property management
and security. As proposed, the development would be managed by on-site staffing and maintenance. An
estimated 60 cameras are intended for installation on the Subject Property and within common areas,
hallways, grounds, and parking areas. The building would specifically require keyless/electronic (key fob)
access throughout the building, including access to the building as well as any of the common areas (e.g.
fitness, storage, underground parking, etc.).
As proposed, the north side of the Subject Property would feature a dedicated outdoor gathering space
on a concrete paver patio, complete with gas firepit, grilling station, seating, and tables and chairs. Trash
and recycling receptacles would be provided for. This area would be adjacent to a proposed 800-square
foot community room. A lobby/lounge area and staff office and conference rooms would be located
across from the community room on the first level and off the main entrance.
The proposed development also contemplates an approximately 590-square foot business center, and
510-square foot fitness room for residents, a dog washing room, and dedicated resident storage (570-850
square feet per floor) on each level of the building, which City staff appreciates given the larger, multi-
bedroom units provided for within the development and potential concerns surrounding the use of
balconies as “storage.”
The south side of the Subject Property also provides an entrance with a concrete paved area on either
side of the entrance, bench seating, and trash and recycling receptacles off the entrance.
An internal, direct connection west to Wangstad Park is provided, and the Applicant contemplates use of
the west side of the Subject Property for community gardening, and complete with ornamental fencing
and raised planting beds. Per communication with the City’s parks and recreational staff, the playground
at Wangstad Park is slated for replacement this summer (2023). The proposed redevelopment would have
no impact on the proposed park improvements.
Landscaping
The project submittal includes a landscape plan and detail sheet; however, no planting schedule was
provided and City staff was unable to conduct a full review. City staff reviewed the landscaping plans
against the City’s Unified Development Ordinance and specifically Sections 35-5513 (Parking Lot
Landscaping) and 35-5600 (Landscaping, Screening, and Fences).
As proposed, the majority of the existing trees on site today would require removal to allow for the
spacing necessary to construct the new multi-family building and related site improvements, including the
surface parking, although some select trees located along the western edge of the Subject Property are
intended for preservation.
Per Section 35-5513, off-street open parking facilities that accommodate more than six vehicles shall
incorporate landscaping adjacent the lot to the extent of at least three (3) percent the total surface area
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of all impervious parking facility areas. Additionally, and subject to certain exceptions, a minimum of one
(1) deciduous tree shall be provided per parking lot island. The Applicant will need to revise their
landscape plan to provide a planting schedule in conformance with the City’s requirements and revise
plans to reflect deciduous trees within the island areas.
Consideration should be given for stepping certain landscaping back at and near intersections and
pedestrian crossings to provide adequate visibility for both motorists and pedestrians and as outlined
under Section 35-5605 (Landscape Visibility at Intersections). This was similarly reflected by Hennepin
County in their preliminary comments provided to City staff. The Applicant should also verify any proposed
landscaping is coordinated with any lighting plans and sufficiently distanced from any underground
utilities and easement areas.
It should be noted that in order to promote species diversity and resilience, no more than 40-percent of
the total number of trees may be of the same species and that any landscape vegetation should utilize
native and resilient plant types where possible in order to promote landscape resiliency and reduce site
maintenance requirements. Underground irrigation is also required for installation and maintenance.
City staff requests a landscape project valuation be provided as Neighborhood Mixed-Use District
developments are based on a project valuation basis.
Signs
No specific signage requests were made, although the architectural exterior elevation sheets outline a
maximum of 100-square feet per wall sign. Unless specifically requested, the Applicant will need to comply
with the allowances as outlined in the adopted City signage regulations for the Neighborhood Mixed-Use
District, and the Applicant will need to apply for and receive issuance of a sign permit prior to any
installation.
Image 11. Wall Sign Example per Submittal (Subject Property).
Engineering Review
James Soltis, Assistant City Engineer, reviewed the submitted plan sets and provided a memorandum
dated March 30, 2023 and last revised April 26, 2023 (Exhibit E). Most of the comments pertain to the
need for plan corrections and additional details relating to the submitted civil set and plats, and for the
most part address minor edits. A request was made to amend the existing or create a new easement for
the shared access drive off Brooklyn Boulevard, as well as provisions for a 10-foot drainage and utility
easement around the entire perimeter of the Subject Property and as outlined in the submitted
preliminary and final plat for WANGSTAD’S BROOKLYN TERRACE SECOND ADDITION. In response to the
comments originally outlined, the Applicant provided a revised preliminary and final plat to City staff for
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review on April 20, 2023, and a revised memorandum was provided on April 26, 2023.
City staff has requested the vacation of a utility easement running through the middle of the Subject
Property. The Applicant is currently working with City staff to submit a separate application for review
and approval by City Council and in advance of recording the new plat.
An MPCA NPDES permit is required as the total disturbed area would exceed one acre, and a Construction
Management Plan and Agreement, and Utility Facilities Easement Agreement shall be submitted to the
City in advance of any permit release. The Applicant shall conform to any watershed requirements,
requirements of Hennepin County (e.g. plat review, right-of-way permits for work in Brooklyn Boulevard),
and submit as-builts at project close out.
A preliminary stormwater report, prepared by HP, Inc. and dated March 14, 2023 was submitted to City
staff for review. A final stormwater management report shall be required as outlined under Item 11.
Building Review
Building Official Dan Grinsteinner conducted a cursory review of the submitted plan sets and provided a
memorandum dated April 7, 2023 (Exhibit F). Pending approval of the requests, the Applicant will need to
submit full construction plans, including but not limited to: architectural, structural, mechanical,
plumbing, electrical, civil, landscaping, and photometric plans to the City for review.
A fire sprinkler and monitoring system is required for installation and is to be maintained at all times, and
sufficient fire hydrants shall be provided. Additional detailing will be required to provide access to a fire
sprinkler room or wall connections (e.g. A Post PIV, Wall PIV, or OS&Y valve).
The Applicant will also need to meet any minimum ADA requirements with regard to the building and site
improvements, and prior to issuance of any building permits, a SAC determination shall be submitted to
the Metropolitan Council and any associated fees shall be paid at time of permit issuance.
All building plans are subject to review and approval by the Building Official with respect to applicable
codes prior to the issuance of permits.
CPTED Review
City staff requests that as part of any construction set review and in advance of any permit release, a
CPTED (Crime Prevention through Environmental Design) review be completed by City staff.
External Reviews
The submitted plan sets were forwarded on to contacts at Hennepin County for their review. Preliminary
comments were provided to City staff following review by their committee. They provided the following
commentary in a response dated April 10, 2023:
1.County staff recommends the developer review sight lines at the access to Brooklyn Boulevard,
especially to trail users using an assumed 20 MPH design speed for trail users per State Aid Rules.
Landscaping should not impede sight triangles;
2.Any work within or matching into county road right-of-way will require a county permit; and
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3.County staff recommend review of the proposed turnaround. The location is too close to the
access off of Brooklyn Boulevard and does not allow proper length for queueing motorists. In
addition, county staff feel the proposed width of the turnaround will lead to user confusion as to
which side of the center island people should be driving in or out of. County staff recommend
narrowing the turnaround, especially at connection points with the proposed RIRO shared access,
and pulling it as far west as possible.
Any approval of Planning Commission Application No. 2023-001 is subject to the Applicant complying with
any requested revisions or recommendations as outlined by the aforementioned authorities.
Based on the above noted findings, City staff recommends the Planning Commission recommend City
Council approval of the requested site and building plans for the proposed redevelopment of the
approximately 1.77-acre Subject Property commonly addressed as 6107 Brooklyn Boulevard, 6101
Brooklyn Boulevard, 3600 61st Avenue North, and 3606 61st Avenue North, to a four story, 54-unit multi-
family residential building with related site improvements, subject to the Applicant complying with the
outlined Approval Conditions, and approval of the related preliminary and final plat, Planned Unit
Development/re-zoning, and 2040 Comprehensive Plan Amendment requests.
APPROVAL CONDITIONS | ANTICIPATED PERMITTING
Staff recommends the following conditions be attached to any positive recommendation on the approval
of Planning Commission Application No. 2023-001 for the Subject Property located at 6107 Brooklyn
Boulevard, 6101 Brooklyn Boulevard, 3600 61st Avenue North, and 3606 61st Avenue North:
1.The building plans are subject to review and approval by the Building Official as noted in the
memorandum dated April 7, 2023, and with respect to applicable codes prior to the issuance of
permits; and the final location or placement of any fire hydrants or other fire-related building
code items shall be reviewed and approved by the Fire Inspector.
a.Any major changes or modifications made to this Site and Building Plan can only be made
by an amendment to the approved Site and Building Plan as approved by the City Council.
b.The building plans are subject to review and approval by the Building Official with respect
to applicable codes prior to the issuance of permits.
c.The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have
been met as part of any site plan approval.
d.A fire sprinkler system is required to be installed and shall be maintained on a consistent
basis per City Code requirements.
e.A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and
any associated feeds paid at time of any permit issuance.
f.The Applicant shall provide any final site and building plans to City staff for a CPTED review
and make alterations as necessary prior to permit release.
g.A revised landscape plan and detailing shall be submitted to ensure compliance with the
City Code regarding landscape plantings and minimum valuations for Neighborhood
Mixed-Use District properties.
h.The Applicant shall install irrigation systems where necessary to facilitate maintenance of
site landscaping and green areas, and irrigation shop drawings for review and approval
prior to installation.
i.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be
appropriately screened from view per City Code requirements and a detail sheet
provided.
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j.The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall,
freestanding) and receive issuance of a permit prior to any installation. All signage shall
conform to City requirements.
2.The Applicant agrees to comply with all conditions or provisions noted in the Assistant City
Engineer’s review memorandum, dated March 30, 2023, and last revised April 26, 2023.
a.Final grading, drainage, utility, and erosion control plans and any other site engineering
related issues are subject to review and approval by the City Engineer for City site and
building plan approval and prior to the issuance of permits.
b.Any requirements as outlined in reviews conducted by Hennepin County.
3.Agreements:
a.The Applicant shall work with the adjacent property owner (6121 Brooklyn Boulevard) to
amend and restate the 1998 PUD agreement, which was last amended in 2016. This
agreement is to be reviewed and approved by the City Attorney and the amended
agreement recorded with Hennepin County prior to the issuance of building permits.
b.The Applicant shall coordinate with adjacent property owner (6121 Brooklyn Boulevard)
and the City to execute an amended or new easement agreement for the shared access
drive located off Brooklyn Boulevard. This easement is to be reviewed by the City Attorney
and recorded with Hennepin County prior to the issuance of building permits.
c.A Performance Agreement with supporting financial guarantee approved by the City shall
be executed upon any approval of the to-be submitted building permit for site
improvements, which ensures the Subject Property will be constructed, developed, and
maintained in conformance with the plans, specifications, and standards.
d.The Developer shall submit an as-built survey of the property, improvements, and utility
service lines prior to release of any Performance Agreement financial guarantee.
e.A Utility Facilities Easement Agreement is required for submittal to the City prior to
issuance of any permits.
f.A Construction Management Plan and Agreement and associated escrow are required for
submittal prior to the City prior to issuance of any permits.
4.Platting:
a.Approval of the preliminary and final plat for WANGSTAD’S BROOKLYN TERRACE SECOND
ADDITION are contingent upon the addressing of comments by Assistant City Engineer
James Soltis in the memorandum dated March 30, 2023, an last revised April 26, 2023.
b.Final plat and mylar shall be subject to the provisions of Chapter 35 of the City Code of
Ordinances.
c.Addressing of final plat comments and/or requirements as provided by Hennepin County.
d.Addressing of final plat comments and/or requirements from the City Attorney’s office,
and specifically regarding an updated certified abstract of title.
e.The successful recording of said plat (mylar) with Hennepin County.
RECOMMENDATION
Based on the above-noted findings, City staff recommends the following motion:
Motion to adopt a Resolution recommending approval of (1) preliminary and final plat for WANGSTAD’S
BROOKLYN TERRACE SECOND ADDITION, (2) the submitted site and building plan, (3) an amendment to
remove 6107 Brooklyn Boulevard from the original 1998 Planned Unit Development and re-zoning of the
App. No. 2023-001
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Page 20
aforementioned property from PUD/C2 to MX-N1, which reflects the zoning of the three other parcels within
the Subject Property, and (4) a recommended amendment to the City’s 2040 Comprehensive Plan to allow
for a re-designation of the Subject Property from a mix of Commercial (C) and Low-Density Residential
(LDR) to Neighborhood Mixed-Use (N-MU), based on the submitted plans and findings of fact, as amended
by the Conditions of Approval in the April 13, 2023 Planning Commission Report, last revised for the May 8,
2023 City Council meeting, and subject to final approval by the Metropolitan Council for the requested
Comprehensive Plan Amendment.
ATTACHMENTS
Exhibit A – Planning Commission Application No. 2023-001 Plans and Documents, submitted March 14, 2023, and
last revised April 20, 2023.
Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated March 30,
2023.
Exhibit C – LISC Community Engagement Summary for Wangstad Commons Proposal-JO Companies, and dated July
2021.
Exhibit D – City Council Resolution Nos. 98-169 (Resolution Regarding Disposition of Planning Commission
Application No. 98017 Submitted by Dave Phillips on behalf of Brookdale Chrysler Plymouth) and 2016-19 (Resolution
Regarding the Disposition of Planning Commission Application No. 2016-001, Submitted by SCA Properties, LLC
Requesting Approval of a Planned Unit Development Amendment and Site and Building (Development) Plan Approval
for the Sanctuary of Brooklyn Center, the 158-Unit Senior Assisted Living Housing Project (Located at 6121 Brooklyn
Boulevard).
Exhibit E – Review Memorandum, prepared by Assistant City Engineer James Soltis, originally dated March 30, 2023,
and last revised April 26, 2023.
Exhibit F – Review Memorandum, prepared by Building Official Dan Grinsteinner, and dated April 7, 2023.
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:DQJVWDG&RPPRQV VW$YH1 %URRNO\Q&HQWHU
Page | 1
Community Engagement Summary:
Wangstad Commons proposal – JO Companies
61st Avenue North & Brooklyn Boulevard
Brooklyn Center
Submitted by
Gretchen Nicholls, Local Initiatives Support Corporation (LISC) Twin
Cities
-XO\
Executive Summary
JO Companies contracted with LISC Twin Cities’ Corridor Development
Initiative (CDI) to facilitate a virtual community engagement process in June
2021 to gather input for Wangstad Common – a redevelopment project
proposed for 61st Avenue North and Brooklyn Boulevard in Brooklyn Center.
Objectives:
1. Convene a community engagement process to review proposed
development and gather community input;
2. Provide a Community Feedback Summary report to the City of
Brooklyn Center and developer for consideration.
Outreach for community participation included 400 flyers dropped throughout
the adjoining area (including residents and businesses), email notifications to
([KLELW&
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Page | 2
over 100 contacts, and support from local community organizations to share
the information among their networks. Promotional materials were provided
in English, Spanish and Hmong.
Approximately thirty participants joined the virtual community meetings,
including representatives from CAPI and ACER (African Career and Education
Resources, Inc.) who represent communities of color, lower-income
households, renters, and BIPOC businesses. Presentations were shared by
Meg Beekman, Brooklyn Center Community Development Director, providing
context for the site and information about city goals for the area and for
housing, and by Johnny Opara, JO Companies, to introduce his development
team and provide an overview of the Wangstad Commons proposal.
Community members were invited to ask questions of the city staff and
development team, and provide input about the proposal. Themes of the
two-part conversation included:
x Pedestrian and traffic flow (incl. access for moving trucks)
x Housing needs
x Other development in the area
x Proximity to Wangstad Park
x Security, property management, services, and tenant screening
x Project financing, timeline, and term of affordability
x Project quality, aesthetics, and amenities
x What will be needed for the project to be successful and to really
contribute to its neighborhood and its community?
x Additional comments or questions
The questions and comments gathered from the sessions will be shared with
the City of Brooklyn Center and JO Companies and their project team for
consideration. A more detailed overview of the input gathered is included in
the report.
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Site Description:
Overview: 61st Avenue North and Brooklyn Boulevard
The following includes excerpts from the presentation provided by Meg
Beekman, Community Development Director, City of Brooklyn Center.
The 1.3-acre site consists of four EDA-owned parcels (all land is vacant – no
structures) located at the Northeast corner of 61
st Avenue North and
Brooklyn Boulevard which is in the tax increment financing district #6
(Housing District) created for The Sanctuary – an assisted living facility built
in 2018. The EDA-owned site is zoned neighborhood mixed use which
allows for a combination of medium density residential and small scale
commercial uses, and is located adjacent to Wangstad Park.
The Brooklyn Center 2040 Comprehensive Plan calls for a land use study for
the corridor to guide future development and create design standards and
zoning controls to achieve the following objectives:
xConsolidate accesses onto the roadway and identify opportunities for
consolidation to make sites more efficient.
xCreate a set of design guidelines for the Corridor, to encourage a
pedestrian scale at the street level.
xProperties along the Brooklyn Boulevard Corridor that are within the
overlay, but are without Corridor frontage may consider ‘joining’ a
redevelopment effort with a property containing frontage
Brooklyn Center EDA has been acquiring single-family parcels along the
Corridor for many years, which is part of long-term policy to consolidate
access points, assemble land to facilitate redevelopment, and increase the
intensity of land uses along the corridor.
Brooklyn Boulevard improvements include:
Significant road improvements are planned for the corridor, which will
affect the function of the roadway
Project will improve pedestrian and bicycle connections, and add
streetscaping and landscaping elements
Reconstruction will improve safety and reduce vehicle conflicts, as well
as consolidate access points where possible
Improvements and new park equipment planned for Wangstad Park in
2022
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Proposed Development
Wangstad Commons
Developer: JO Companies
JO Companies, LLC was founded in March of 2009 by Johnny Opara. JO
Companies is a Black-owned, mission driven real estate development
company. After spending over 17 years in corporate America within sales
and leadership roles, Johnny left to become an entrepreneur and pursue his
passion for real estate. Johnny’s passion and motivation for real estate and
housing development was inspired and fueled by his late father’s experience.
Johnny experienced and saw first-hand how the lack of affordable quality
housing affects its residents and their families.
Since 2017, JO Companies has been able to build a real estate development
pipeline for new construction affordable housing valued at $45M.
Wangstad Commons is a four-story workforce housing Multi-Family
development that includes:
54 Total Housing Units
Unit Mix: 1, 2 & 3 Bedrooms (three unit options)
Area Median Incomes: 30%, 50%, and 60%
Supportive Housing: PWD (6 units – 1 Bedroom), and HPH (4 units –
1 Bedroom) = 10 Units
Site Area: Area: 1.13 Acres
Gross Square Feet Approx. 90,000 GSF
Construction Type: New Construction
The location at 61st Ave. North and Brooklyn Boulevard is central and
convenient to transit, jobs, services and community resources likely to be
accessed by the residents of Wangstad Commons.
Project amenities include:
Onsite property management
Fitness Center
Large business center/community room with outdoor terrace
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Mail & Package room
Surface & Underground parking
Controlled access entry
Community Gardens on site for growing fresh food
In unit washers and dryers
Pet friendly
The surrounding area features:
Transit and Transportation Access:
Metro Transit’s new Bus Rapid Transit C-Line begins just south of the
Wangstad Commons
Two local stops or a 10-minute walk to the Brooklyn Center Transit
Station
Close to major roadway corridors (I-94, I-694, Hwy 100)
Employment Centers:
Express access to the jobs and services in downtown Minneapolis
Schools and Community Centers:
Garden City Elementary (.6 miles) and Northport Elementary (1 miles)
Schools
Park Center High School (2 miles)
Brookdale Library (1 mile)
Brooklyn Center Community Center (1 mile)
Recreation:
Parks, ice rinks, baseball fields, golf course, Top Golf and wildlife
areas within 1 mile
Wangstad Park is directly adjacent to the site, with no road crossings
required to access its playground, basketball court and open spaces
Services:
North Memorial Health Clinic (.7 miles)
Brooklyn Boulevard Dental Clinic (.4 miles)
Retails and services such as pharmacies, grocery stores, banks,
fitness centers, and restaurants within 1 mile of the site
Approximately a dozen places of worship, including churches and
mosques within close proximity
Brooklyn Boulevard functions as a regional connector, which informs the
scale and types of uses. The land use designation of Neighborhood Mixed
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Use guided the project density, and the desire for high-quality workforce
housing and larger units informed the site plan and concept. The City’s
zoning code will continue to guide the design standards and regulatory
requirements to make sure that the project will be an asset for the
community. The new design guidelines encourage pedestrian scale features
at the street level, and enhanced pedestrian and bicycle environment to
create a more inviting and livable place to be.
Major road improvements are currently underway on Brooklyn Boulevard,
including streetscape features and lighting, which will affect the
functionality, safety, and usability of the corridor. The proximity of
Wangstad Park also creates a wonderful location for families with children.
The site is located in a tax increment financing (TIF) district that was created
when The Sanctuary was constructed. The TIF district adds additional
affordability and building requirements regulated by state statute. JO
Companies approached the City of Brooklyn Center about the site in
February 2019 and has been working with staff to make sure the project
aligns with city goals. The project concept was presented to the City Council
and Economic Development Authority (EDA) in March 2019, and a
preliminary development agreement was approved. No financial
commitments were made, but the agreement provides time for the
developer to move through due diligence and position the project for
financing.
The City also submitted a predevelopment grant request to the Met Council
for the project which was awarded. The City and Developer are currently
negotiating an option agreement, which is the next step from a letter of
intent that provides exclusive development rights to the property and
requires earnest money down. JO Companies will also be seeking low
income housing tax credits (LIHTC) from MN Housing to finance the project.
These resources are highly competitive and is often the most difficult part of
the process for completing an affordable housing project. The City is also
working on a term sheet for tax increment financing.
Site planning continues for Wangstad Commons, which includes financial
analysis, design, engineering, and environmental review. The community
input provide in these sessions will further inform and shape the project.
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Community Input: Q & A
The following topics were discussed during the two-part process:
Pedestrian and traffic flow (incl. access for moving
trucks)
Community member comment: I live at the sanctuary next door and many
of us are pedestrians because we use wheel chairs, so the concern is the
sidewalks and the traffic that is going to be generated by this new facility.
Because, as it is very dangerous for us just crossing the street, as it is and
I'm a little more concerned about how much more traffic is going to be
generated by this building and us being able to get safely across the streets.
I know that you know there's really not a lot, you can do about it except for
maybe asking the city to do some kind of zoning where they would put in
crosswalks like they do on the main streets so that they know that they have
to stop a certain distance from the STOP sign, so that people can cross.
Drivers are often not paying attention which is really dangerous.
Development team response: We are going to texture some of the paving
there to slow cars down.
Community member question: Question about the entrance of the loading
dock. Is there sufficient widths provided for folks driving trucks? Is there
any value in maybe even cutting that corner or making a little more space
at the corner? Especially for people moving in – this is an issue that a lot of
buildings struggle with.
Development team response: We're still in schematic design and
development, so you know we're having a multitude of different
conversations with the architect, along with our civil engineer. It will
absolutely be engineered to accommodate trucks. We will need to have a
trash truck getting down that ramp to pick up garbage from the building
and all that good stuff so those things yeah just are really not reflected in
this site plan at this time. We don't have any concerns that there will be
available space to move vehicles efficiently through the project.
City staff comments (Meg Beekman) – Brooklyn Blvd is a county road,
currently undergoing reconstruction. There has been a lot of concern about
pedestrian crossings across Brooklyn Blvd, which has been front and center
in the minds of the City Council. Every conversation about Brooklyn Blvd
has brought up the pedestrian crossings. I’m not a traffic engineer, but I
know that the County has looked at this issue thoroughly, and given the
traffic counts on the Boulevard I don’t anticipate that there are going to be
any mid-block crossings, or crossings in areas without signaled
intersections. The purpose of the road improvements are to improve safety
alignment by extending trails and sidewalks on both sides of the roadway
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and narrowing the roadway by putting a boulevard down the center to
create a pedestrian refuge. The center boulevards will help to beautify the
area, as well as provide traffic calming effects at intersections. We’ve
talked about this with the developer to explore potential improvements on
their property to add pedestrian space and increase safety. The engineers
are not going to allow a signal at this intersection and are looking at other
ways to improve safety. They are also looking at other opportunities in the
quarter where they are expanding crossings, knowing that it’s a big priority
wherever possible.
For this particular project the city will require parking and traffic study as
part of its formal review. We will look at traffic counts coming in and out of
the site will look at the impact of that on the adjacent roadways as well as
parking demand.
Housing needs
Community member comment: I was the mayor for 12 years from 95 to
2011 and before I was mayor part of the City Council plan to the city was to
remove single family homes off Brooklyn Boulevard because of the traffic
problem. And I don't think there was anything in there about multifamily
housing, but I know the removal of single family homes has been a plan for
multiple years.
Community Member comment: Many of us know that there was multifamily
housing on Brooklyn Boulevard. Where the triplex is are going up multifamily
housing was taken down and It just seems illogical or hard to comprehend
that those places were taken down for safety reasons or for access. Now
they are just replacing the multifamily housing on Brooklyn Boulevard. I
definitely understand that history, and it seems like it's a step back where
we came from.
Community Member comment: First of all I like to say it's very encouraging
to see this proposal. Brooklyn Center is facing a huge housing crisis, and
tenants are facing the biggest brunt of it. ACER works with a lot of tenants
about their housing needs. Including a lot of young people that are
graduating from high school and becoming independent and going to
college. Housing is a big concern for them. If we want to keep young
people in the community we need to provide housing options for them that
they can afford. Housing for people just finishing college, or starting out on
their first job. They are having difficulty finding housing in our community.
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Schools
Clarify the school district the project is located in for new residents.
Brooklyn Center is divided between four different school districts.
Other development in the surrounding area
Island Homes Triplexes (rental) are being built to the south of the
proposed project
The Sanctuary was built in 2018(?)
Community member question: What will happen to the site at 60th Avenue?
City staff response: It is a remnant site acquired for the Brooklyn
Boulevard reconstruction project. It’s probably not large enough to
accommodate a structure or housing. More likely that we’ll be looking at
other options such as urban agriculture.
Community member comment: A community garden may not be an
appropriate use along Brooklyn Boulevard.
Proximity to Wangstad Park
Community Member question: Wangstad Commons is a park that my
children use right now, and now having 54 units of unknown residents and a
parking lot right there is very unsettling for the current residents. How will
you reconcile or alleviate those concerns?
Development Team response: We do plan on having a buffer between this
project and the park, it will either be a landscape buffer or a fence. We do
want to have a connection to the park, so that the residents can access that
park but the building will not subsume the park. There's plenty of green
space on our site and activities on our site for the residents. The buffer will
help separate the park from the land from the parking lot that you
mentioned.
Community member comment: I’m excited about the park next door. We
know from a public health perspective amenities are essential to the well-
being of the whole Community. I hope the buffer is going to be put there for
good reasons, but it should not be used to prohibit or limited people's access
to the park. Giving people access helps to build healthier and better
communities.
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Community member comment: Individuals that live in near proximity and
utilize the park, understandably so by natural design, are going to feel some
sort of ownership or belonging to the park, I think that’s a very common
sentiment. I also think that just given that it’s going to be a family oriented
building, and hopefully the residents will utilize the park, along with other
neighbors nearby. This will give people the opportunity to live and breathe
what Brooklyn Center is – the most diverse city. It’s going to show, as
Johnny touched on, folks that come from single family homes sometimes
tend to, or are perceived to have slightly higher economic standards. I
understand the concerns about the possibility of getting overused in terms
of older kids, and of kids that kind of tend to make the park their own, of
course that exists. But that’s one of those things that’s like collateral
damage that sometimes will fall good and sometimes will fall bad. I hope
that they just take the time to attempt to manage the park. Not just
Johnny but also the city itself and the Parks and Rec and police (and
parents) should it ever become the kind of place that younger kids no
longer felt comfortable or safe to be there. I see it as a place where multi
cultures and economic scales will gather. And sometimes children are
exactly what brings people together who typically have nothing in common.
But when they realize their children play and jump and scream the same,
then there’s some unity. I think it’s going to work out good. That’s my
comment, even though I do understand what that person says, I think it’s
going to work out.
Community member comment: I think it'd be best case scenario is people
who would live would utilize the park. If we want people to feel like this is
their home, this is where they will be invested, they'll be living here, they
will be patronizing businesses here and in theory, contributing to the tax
base. Then, of course, we want them to feel like the park the park is also
their’s, like they have a share in the pie. That say single family owners feel
like “Oh, this is our park”, it’s also their part because it's a public park and
eventually we all kind of contribute to that that's kind of how life works. I
think the best case scenario is people do utilize the park and, like was
previously said, it brings people together. That that would be amazing.
Security, property management, services, and tenant
screening
Community Member question: Will this be a smoke free campus? Or is there
going to be smoking allowed in the in the building and on the campus?
Development team response: Yes, it will be a smoke free building and
campus
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Community member question: If the project has supportive housing units,
will it include housing services and legal services on site?
Development team response: We’ve partnered with Simpson housing, who
will be providing supportive housing for all ten units to provide high quality
supports for people with disabilities. We will have on-site property
management. It is not determined whether Simpson will have an actual
office on-site.
Community member question: Will there be 24 hour security?
Development team response: We are providing secure access. Key access
cards will be the only way to enter the building.
Community member question: Will you have security staff on-site to
address security concerns?
Developer response: Based on my own experience I prefer not to have
security at the property. It’s a great question. My experience with security
hasn't been a pleasant one, and I want residents to feel like they're living in
a building that affords them the ability to live harmoniously. I think security
imposes on that. Especially for people that are looking to get their life back
on track. Simpson Housing manages over 4,000 units and has a great
reputation. We should be in good shape to provide the level of services to
residents, specifically the supportive housing units with the services of
Simpson Housing, to the best of our ability.
Community member question: How long will the property remain
affordable?
Developer response: We hope to utilize Low Income Housing Tax Credits
(LIHTC) which are provided by the federal government and requires
affordability for 40 years. I actually want to extend that to 50 years.
Community member question: How will it be determined who gets the
underground parking spots?
Developer response: We’ll have a number of underground and at-grade
parking units, and will be working with the City through their zoning
requirements to figure out the parking ratios and determine the plan for
how to divide the underground parking units for residents living at
Wangstad Commons.
Community member question: Will there be handicap parking spots in the
underground garage?
Development team response: Yes, there will be.
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Community member question: How are you going to screen residents? I
live at the Sanctuary next door, and I know from experience that if you get
people in there that are doing drugs and stuff it’s really hard to get them
out. So it’s going to need to be really well-managed. I really want this to
be a success and to be a step up for people.
Development team response: We are committed to working with top tier
property management company, and have built an alliance with the Blazer
Group to benefit from their success. Based on the screening criteria that we
have discussed, I’m confident that we will do our best to make sure that
applicants are able to meet the requirements needed to live at Wangstad
Commons. The property management firm (RHR?) will make sure there is
thorough screening criteria. And we'll also be working with the Simpson
housing folks to interview all the high priority homeless people with
disabilities and have interviews, so there's going to be lots of screening
criteria.
Developer response: I understand that these issues can impact the
livelihood of the community, so in partnership with RHR and Simpson
housing, I plan to be a developer that is present and to make sure that the
buildings are running well. Providing a stewardship that can provide great
experiences, not only for the folks that are living there, but for the outside
community as well.
We have awesome property managers and they take classes with the crime
free housing and the police as well. We will implement design elements as
well to deter crime. We will do our very best to make sure the property is
safe.
Project financing, timeline and term of affordability
Community Member question: Finally, my question is about tax credits. I
would like to know how many years the units will be affordable? I know
there's a certain amount of years that an owner is required to maintain
affordable rents. One of the challenges I know we were having in the twin
cities, a few years back, was when the tax credits are coming to expire,
they were not renewed and the rents went up.
Developer response: Affordability has always been the main reason for me
getting into development. My hope is that, if this project does move
forward, that as a long term owner it will continue to be affordable for those
families and for those individually just mentioned. Currently MN Housing
requires a 40 year term for tax credit projects.
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Community member question: How long will the property remain
affordable?
Developer response: We hope to utilize Low Income Housing Tax Credits
(LIHTC) which are provided by the federal government and requires
affordability for 40 years. I actually want to extend that to 50 years.
Community member question: Do you plan to complete the project and
lease up in 2024?
Developer response: We hope to have construction completed in July of
2023, and will work with Housing Solutions to do all of our tenant income
certifications. Because of the low vacancy rates, we hope to have the
project completed as soon as possible. There's folks on waiting lists looking
for three bedrooms to live in.
Project quality, aesthetics, and amenities
Community member comment: The presentation certainly appears good.
I’m curious about the fit and finish of the project. Will you be using
standard or upper tier fit and finish? We want to see higher end product
going into Brooklyn Center. When you raise the bar, you raise the people
Developer response: The objective is to provide affordable housing with as
many amenities as possible. Currently it’s extremely expensive to build and
put together feasible projects. We’ll be working to bring a good product to
the City and give the residents a good experience. Our team has been
monitoring the rising construction costs. Two and three bedrooms are very
expensive to build, and providing a washer and dryer will definitely provide
so much relief for folks versus going to have to go to the nearby
laundromat. They will also have access to a fitness and business center in
the community room, as well as a community garden. There's a variety of
different things that we would like to provide for residents on this site. I'm
in the business of trying to build high quality, sustainable, efficient housing
product that will be affordable most importantly. So to answer your
questions, yes, we're looking to bring a product to Brooklyn Center that's
going to be a highlight on the boulevard.
Community member comment: Having a washer and dryer is a very positive
thing. The only thing missing is a pool!
Community member comment: Put the pool in Wangstad Park. That way
everyone would have access to it.
:DQJVWDG&RPPRQV VW$YH1 %URRNO\Q&HQWHU
Page | 14
Questions about the community engagement process
Community Member question: Question about LISC, whose mission is to
revitalize communities. Why is our community looked upon as in need of
revitalization? And why is tearing down single family homes part of
revitalization when it looks like you're actually disseminating and destroying
our Community?
Response by LISC representative: The Local Initiatives Support Corporation
(LISC) is a nonprofit national community development financial institution
that works with community partners and cities to help achieve the goals
they have identified for their communities. LISC is supportive with
financing, technical assistance, and grants. LISC resources are requested
for things that are not provided by the market such as affordable housing or
affordable commercial spaces. LISC also offers this community engagement
format to discuss proposed development sites and gather input from
residents and other stakeholders. We believe strongly in the importance of
engaging communities and gathering their wisdom and knowledge.
What will be needed for the project to be successful
and to really contribute to its neighborhood and its
community?
Community member comment: Good construction, good design, good
management, safety.
Community member comment: Some of the aesthetics Johnny has added
gives people an uplifting feeling and pride, such as the little structures that
have the umbrella type thing at one of the entrances with benches. And
then over near the Park area where you’ve added some detail touches that
have a function as well as a welcoming atmosphere. Also the in-unit
laundry and any of those things that make you feel more proud. There’s
also a proud feeling that you live in an aesthetically nice place that’s well
cared for and well designed. Things that make you feel like you are moving
up or looking up – things that give you aspiration is what moves all things.
I am a believer that we are a product of our environment, and gives us the
momentum towards where we are headed. On the design I think Johnny is
looking to make it a nice appealing place on the outside, with a few touches
on the outside that make it look really comfortable to sit down and enjoy, so
I think those are things that contribute to a successful project.
Developer response: I think the analogy I use is if you give someone
something nice they will take care of it. Let's say if there's a piece of
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Page | 15
Kleenex on the floor. There's a higher chance they're going to pick it up
and throw it away right if they feel like they’re in a nice place. For me that
was the main reason that I got into this business, not necessarily to build
the taj mahal, but to make sure for my father had the necessary amenities
and that he wasn't discriminated against or excluded because of his
disability. And to make sure that he had an experience that he can be
proud of, and as you said, being a product of your environment contributes.
If you provide someone something nice and I think we can build a product
that is representative of those values for residents within Brooklyn Center, I
think that that can really help change the narrative surrounding what is
affordable housing. I appreciate those comments and it's one of the main
reasons why I got into this business to make sure that we can still give
someone something nice, even if their income doesn't reflect that, so thank
you so much.
Community member comment: Another thing that would make the project
successful is cash flow. This project is amazing, and I wish that I had
something like this back in the day with an in-unit washer and dryer. But
I’m worried about cash flow with such low rents and all of the amenities, I’m
worried that you will end up raising rents just to keep up with property
maintenance. I’m wondering if there are reserves that will need to be in
place required by MHFA or funders to take care of that? It’s kind of
worrying, but I’m definitely on-board with supporting this project as a
resident of Brooklyn Center.
Development team response: With the Section 42 program, every fifteen
years you can apply to get new tax credits. Basically with lower rents right
now we’ll be getting a smaller mortgage, but the gap funding is filled with
the tax credits. So every fifteen years we’ll plan for asset management
such as a new roof, or new parking lot, common area upgrades, etc. The
tax credits may be used to fund that. That’s how we’ll be able to provide a
good up-scale project greatly maintained every 15 – 20 years while keeping
the rents low.
Investors will require that an operating reserve be in place to cover three to
six months of expenses, so if there is some shortfall that occurs in operating
expenses, the reserve will cover it. Additionally, the tax credits bring in
enough equity to that the mortgage can be written down, so that cash flow
can be sustainable for a long period of time.
Any other last comments or questions?
Community member comment: Thanks for all this all the effort that's gone
into this. It's the best thing I've ever seen. I was on Planning Commission
for nine years and you guys have really done a fantastic job. Johnny, I'm
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Page | 16
impressed by your presentations and your heart for this project. It will be
very interesting to see it unfold over the next couple of years, and really go
forward and maybe set a new precedent for a new type of housing in
Brooklyn Center.
Final comments from city staff:
From the city's perspective, we have been working with Johnny for maybe a
year and half on this and he's been very dedicated to putting this project
together and doing all of the due diligence that's needed. You know we're
nowhere near at the end of that process and so there's quite a bit of
decision making and public process that will be part of any approval,
including a formal review, and none of that has taken place yet so I just
want to let folks know the city is walking along with this project and the City
Council has been supportive of it up until this point. But it will need to go
through all of the processes that we have for any project in the city,
including financial review, engineering, and planning review, so this isn't the
only opportunity to give input. There will also be public hearings, as we
move forward and when approvals are being asked of the City.
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Page | 17
The Wangstad Commons/61st Avenue North &
Brooklyn Boulevard community engagement process
was provided by:
LISC Twin Cities Corridor Development Initiative Team:
Barbara Raye, Center for Policy Planning and Performance
(facilitator)
Julia Paulsen Mullin, production supports and documentation
Gretchen Nicholls, Twin Cities LISC (outreach and coordination)
The community sessions were held virtually:
Workshop I: Overview of Concept Plan for the Wangstad
Commons Site
Tuesday, June 8, 2021
7 – 8:30 pm
The session reviewed the concept plan for the Wangstad Commons site
provide by local developer Johnny Opara.
Presentations were provided by:
Meg Beekman, City of Brooklyn Center, Community
Development Director to provide an overview of the site and city
goals, and
Johnny Opara, JO Companies to present the project concept and
site plan.
Workshop II: Gather Community Input on the Wangstad
Commons Plan
Tuesday, June 15, 2021
7 – 8:30 pm
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Page | 18
Participants provided input and posed questions to the development team
about the proposed Wangstad Commons proposal.
Conclusion
This report serves as the final summary of the community input provided to
the Wangstad Commons proposal conducted in June 2021. The report will be
submitted to the developer, JO Companies, and the City of Brooklyn Center
for their consideration.
:DQJVWDG&RPPRQV VW$YH1 %URRNO\Q&HQWHU
Page | 19
Attachments
A.Slide presentation for Workshop 1
B.Slide presentation for Workshop 2
C.Contact information for people who registered for the virtual sessions
D.Announcement/publicity flyer for the Wangstad Commons CDI workshops
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Wangstad Commons
Community Engagement Sessions
June 8 & 15, 2021
First Name Last Name email Organization
Commmunity Members
Vong Thao vthao@ci.brooklyn-center.mn.us City of Brooklyn Center
Alexander Koenig alexander.patricia.koenig@outlook.com Planning Commission
Melissa Carey carey.melissa@gmail.com
Matthew Branch Matthew.Branch@mpls.k12.mn.us
Steve Shonning srsbc@yahoo.com
Terri Porter thp5028@gmail.com The Sanctuary
Mary Davitt mdavitt1103@gmail.com The Sanctuary
Connie Duffney connie.l.duffney@gmail.com The Sanctuary
Myrna Kauth myrnakauth@usfamily.net Previous Mayor
Gary Besch JUDEANDGARY@msn.com
Lisa Lawrence-Anderson councilmemberlawrence-anderson@ci.brooklyn-center.mn.us City Council
Bill Kalinoski bill.kalinoski@gmail.com
Peggy Oberg peggylob@yahoo.com
Stephanie Perry snperry.perry@gmail.com
Ekta Prokash ekta.prakash@capiusa.org CAPI
Kristina Doan kristina.doan@capiusa.org CAPI
Nelima Sitati Munene nelima@acerinc.org ACER
Denise Butler dbutler@acerinc.org ACER
Development Team
Johnny Opara johnny.opara@jocompanies.org JO Companies
Joseph Kimbrell jkimbrell@popearch.com Pope Architects
Paul Holmes pholmes@popearch.com Pope Architects
John Peterson john.petersen@dorancompanies.com Doran Companies
Adam Winberg adam.winberg@dorancompanies.com Doran Companies
Brian Frank BFrank@wsbeng.com WSB Engineering
Bob Barth BBarth@wsbeng.com WSB Engineering
Noah Blaiser nblaiser@hbgltd.net HBG Architects
Clint Blaiser cblaiser@hbgltd.net HBG Architects
Coralis Rodriquez crodriguez@popearch.com Pope Architects
Matthew Paschall Matthew.Paschall@bakertilly.com Baker Tilly
David Evans David.Evans@bakertilly.com Baker Tilly
Diana Dyste Diana.Dyste@bakertilly.com Baker Tilly
City Staff
Meg Beekman mbeekman@ci.brooklyn-center.mn.us City of Brooklyn Center
Consultants
Barbara Raye office.center.ppp@gmail.com Center for Policy Planning and Performance
Julia Paulsen Mullin jpaulsenmullin@gmail.com
Gretchen Nicholls gnicholls@lisc.org LISC Twin Cities
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M E M O R A N D U M
DATE: March 30, 2023
April 26, 2023
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: James Soltis, Assistant City Engineer
SUBJECT: Public Works – Preliminary Site Plan / Plat Review
6101 Brooklyn Blvd - Wangstad Commons
Public Works staff reviewed the following documents submitted for review for the proposed 6101
Brooklyn Blvd development known as Wangstad Commons.
This memo was revised following revised Preliminary and Final Plat documents provided by Taylor
Rumph through email on April 25, 2023.
Preliminary Plans (2023-03-14-Issued for City Review-022334-000_Arch-Civil-LA)
Preliminary Stormwater Report (2023-03-14- Draft HydroCAD Report)
Preliminary Plat (018699 V-PP (03-13-2023)) – Revised (4 20 2023)
Final Plat (018699 V-FP (03-13-2023)) – Revised (4 20 2023)
Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the
following comments/revisions and approved prior to issuance of any permits.
Plan Items
CD101 – Existing Conditions & Demo Plan
1. Note 17: Remove reference to St. Paul Standard Specifications.
CG101 – Grading Plan
2.EOF for parking lot appears to be adjacent to the underground parking ramp. Please adjust the
ultimate EOF for the lot or provide data indicating the elevation for a back to back 100-year storm
event is below this elevation.
CU101 – Utility Plan
3. Locate the building roof discharge location on plan.
4. Note 13: Replace reference to Rice Creek with “City of Brooklyn Center”.
5. Denote all utilities including underground treatment as private. This can be done through a note.
LS101 – Landscape Plan
6. If an irrigation system is planned an as-built must be provided to the city upon completion of work.
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Platting Requirements
7. The existing cross access easement does not cover the entire access drive. A new easement must be
dedicated to cover this area.
8. A 10’ drainage and utility easement must be dedicated on the plat around the entire perimeter of the
site.
9. Legal descriptions and easement vacation documents must be obtained for all existing easements to
be vacated. Existing public easements as determined by the City must be vacated, and proposed
easements must be dedicated as part of the preliminary and final platting process. The formal vacation
document must contain an easement vacation description and depiction exhibit signed by a
professional surveyor.
10. An updated certified abstract of title or registered property report must be provided to the City
Planner and City Attorney for review at the time of the preliminary plat application (within 30 days of
preliminary plat application). Additionally, this will need to stay current and be updated through the
approval process as required to maintain and be current within 30 days of the release of final plat.
General Items
11. The total disturbed area exceeds one acre, an NPDES permit is required. The total disturbed area is
less than five acres; the City of Brooklyn Center has reviewed the plans per the Shingle Creek
Watershed Commission rules. From preliminary review the applicant has met watershed’s rule
requirements. A final stormwater management report must be provided upon completion.
12. The applicant shall be responsible for coordinating site development plans with all private utility
companies (Xcel Energy, CenterPoint Energy, Qwest Communications, Comcast, etc. ) Applicant
shall be responsible for verifying all utilities are absent from the easement proposed to be vacated.
13. The City has submitted the plans to Hennepin County for review. Applicant must meet requirements
from the review. Comments received from HC on April 10, 2023 are listed below.
a. County staff recommends the developer review sight lines at the access to Brooklyn
Boulevard, especially to trail users using an assumed 20 MPH design speed for trail users per
State Aid Rules. Landscaping should not impede sight triangles.
b. Any work within or matching into county road right-of-way will require a county permit.
c. County staff recommend review of the proposed turnaround. The location is too close to the
access off of Brooklyn Boulevard and does not allow proper length for queueing motorists. In
addition, county staff feel the proposed width of the turnaround will lead to user confusion as
to which side of the center island people should be driving in or out of. County staff
recommend narrowing the turnaround, especially at connection points with the proposed
RIRO shared access, and pulling it as far west as possible.
Agreements
14. During construction of the site improvements, and until the permanent turf and plantings are
established, the developer will be required to reimburse the City for the administration and
engineering inspection efforts. Please submit a deposit of $5,000 that the City can draw upon on a
monthly basis.
15. A Construction Management Plan and Agreement is required that addresses general construction
activities and management provisions, traffic control provisions, emergency management provisions,
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storm water pollution prevention plan provisions, tree protection provisions, general public welfare
and safety provisions, definition of responsibility provisions, temporary parking provisions, overall
site condition provisions and non-compliance provisions. A $5,000 deposit will be required as part of
the non-compliance provision.
16. An overall Easement Agreement is required that will provide the City perpetual accessibility to all
private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance
for the entire site. This easement agreement also includes private inspection, maintenance, and
reporting responsibilities. Easements to provide utility service to the development should be dedicated
as necessary.
17. Upon project completion, the applicant must submit an as-built survey of the property, improvements
and utility service lines and structures, and provide certified record drawings for any associated
private and/or public improvements prior to issuance of the certificate of occupancy. The survey must
also verify that all property corners have been established and are in place at the completion of the
project as determined and directed by the City Engineer.
18. Inspection for the private site improvements must be performed by the developer’s design/project
engineer. Upon project completion, the design/project engineer must formally certify through a letter
that the project was built in conformance with the approved plans and under the design/project
engineer’s immediate and direct supervision. The engineer must be certified in the State of Minnesota
and must certify all required as-built drawings (which are separate from the as-built survey).
Anticipated Permitting
19. A City of Brooklyn Center land disturbance permit is required.
20. A Water and Sewer Permit is required.
21. A Minnesota Pollution Control Agency NPDES storm water construction permit is required.
22. If applicable, applicant will need to obtain required permits to work in County right-of-way.
23. Other permits not listed herein may be required. It is the Responsibility of the applicant to obtain such
permits as warranted.
Prior to Issuance of Land Alteration.
24. The construction of project will require an encroachment on an adjacent property. Documentation
must be submitted showing authorization for this activity.
25. Copies of all required permits must be provided to the City.
26. Final construction plans and specification must be submitted and approved by the City Engineer. The
final construction plans must be certified by a licensed engineer in the state of Minnesota.
27. The Construction Management Plan and Agreement has been executed and the associated separate
cash escrow has been deposited with the City.
28. A preconstruction conference is scheduled and held with City staff and other entities designated by
the City.
All aforementioned items, comments and recommendations are provided based on the information
submitted by the applicant at the time of this review. Subsequent approval of the final plan may require
additional modifications based on engineering requirements associated with final design as established by
the City Engineer and other public officials having jurisdiction over approval of the final site plans
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)
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Community Development
763-569-3330
April 7, 2023
Wangstad Commons Apartments
Building review comments for newly proposed Wangstad Commons Apartment to be located at the
corner of Brooklyn Boulevard and 61
st Avenue North.
1. Prior to a Building permit being issued. A SAC determination for the new building will need to be
done by MET Council and SAC determination letter received.
2. Separate permits and signed plans required for Building, Mechanical, Plumbing & Electrical. A Fire
sprinkler and Fire alarm permit with plans is required to be submitted to the Building Department for this
building review. The Community Development department must be contacted on all proposed signage
for this building. Permits are required for all exterior signage.
3. The building will be required to have a sprinkler system installed. City of Brooklyn Center zoning
ordinance 3-101 B. (2) as adopted by the Minnesota State Building code 1306 Special Fire
Protection system 1306.0020 Subp. 2, Existing and New buildings.
4. City of Brooklyn Center Water & Sewer permit is required for this project. City water and sewer
connection fees for “Multi-family buildings” on “Less than 5 acres” have a city WAC/SAC cost of $4,500 +
water / sewer /storm connect fee $150 and state surcharge of $2.33.
5. An access door from outside directly into the Fire Sprinkler Riser room is recommended. If there is no
access from the outside of the building into the Sprinkler riser room. A Post PIV, Wall PIV or OS & Y valve
shall be provided per City Fire Inspector.
6. Fire Department connections shall be located on the street side of buildings or facing approved fire
apparatus access roads and be fully visible and recognizable.
7) Connections to the City water supply for commercial/Industrial, Retail/Office & Multi-family buildings
will require (2) two bacteria tests.
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ZZZFLW\RIEURRNO\QFHQWHURUJ
Sincerely,
Dan Grinsteinner
Building Official
City of Brooklyn Center
763-569-3313
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2023-001 FOR A RE-PLAT,
PLANNED UNIT DEVELOPMENT AMENDMENT AND REZONING, AND AN
AMENDMENT TO THE 2040 COMPREHENSIVE PLAN TO ALLOW FOR
DEVELOPMENT OF A 54-UNIT MULTI-FAMILY RESIDENTIAL BUILDING
AND RELATED SITE IMPROVEMENTS (6107 BROOKLYN BOULEVARD,
6101 BROOKLYN BOULEVARD, 3600 61ST AVENUE NORTH, AND 3606 61ST
AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2023-001, submitted by JO
Companies, LLC (“the Applicant”) requests review and consideration of a proposal that would
consolidate four vacant parcels currently owned by the Economic Development Authority of the
City of Brooklyn Center (“Property Owner”) located 6107 Brooklyn Boulevard, 6101 Brooklyn
Boulevard, 3600 61st Avenue North, and 3606 61st Avenue North (“the Subject Property”) for
development of a 54-unit multi-family residential building and related site improvements; and
WHEREAS, said application submittal also contemplates an amendment to an
existing Planned Unit Development originally approved on September 28, 1998 under City Council
Resolution No. 98-169 and last amended on January 25, 2016 under City Council Resolution No.
2016-19, which would allow for the removal of the northernmost parcel located within the Subject
Property and commonly addressed as 6107 Brooklyn Boulevard from the aforementioned Planned
Unit Development, and its subsequent re-zoning to Neighborhood Mixed-Use (MX-N1) District,
which is reflective of the three other parcels that comprise the Subject Property, commonly addressed
as 6101 Brooklyn Boulevard, 3600 61st Avenue North, and 3606 61st Avenue North; and
WHEREAS, said application submittal also addresses a request to re-designate the
Subject Property under the City’s 2040 Comprehensive Plan future land use designation from a mix
of Commercial (C) and Low-Density Residential (LDR) to Neighborhood Mixed-Use (N-MU),
which is a new land use designation under the 2040 Plan that is intended to guide land surrounding
key neighborhood intersections for a mix of residential, retail commercial, and office uses; and
WHEREAS, the Comprehensive Plan amendment request is made in light of the fact
that the Applicant had only initiated conversations with the City surrounding the Subject Property’s
redevelopment to multi-family residential during what was finalization of the 2040 Comprehensive
Plan, and whereas said request would be a permitted use under the City’s Unified Development
Ordinance and within the densities permitted assuming an allowable density range of 15.01-31
dwelling units per acre; and
WHEREAS, the City’s Economic Development Authority has been strategically
acquiring primarily residential parcels along Brooklyn Boulevard in the hopes of consolidating
parcels for the highest and best use; and
RESOLUTION NO.
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
held a duly noticed and called public hearing on April 13, 2023, whereby a planning report was
presented and public testimony regarding the proposal were received; and
WHEREAS, notice of such public hearing was published in the official newspaper
and mailed to neighboring property owners and residents, as required by the City and Minnesota
State Statute, and development proposal signage was installed on the Subject Property by the City;
and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
considered the application requests in light of all testimony received, and the guidelines and
standards as outlined under Section 35 (Unified Development Ordinance), including, but not limited
to: Sections 35-7600 (Site and Building Plan Approval), 35-8000 (Subdivisions and Planned Unit
Developments), 35-1500 (Comprehensive Plan), and the dimensional and design standards as
outlined within Sections 35-5100 through 35-5600, and the request complies with the general goals
and objectives of the City’s 2040 Comprehensive Plan, with exception to the requested amendment
to the Comprehensive Plan to re-designate the Subject Property to move the project forward, and of
which requires final determination by the Metropolitan Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota to recommend Planning Commission Application No. 2023-001,
submitted by JO Companies, LLC be approved based upon the findings of fact in the April 13, 2023
planning report, last revised for May 8, 2023, and submitted documents and plans as amended by
the following conditions of approval:
1. The building plans are subject to review and approval by the Building Official as noted in
the memorandum dated April 7, 2023, and with respect to applicable codes prior to the
issuance of permits; and the final location or placement of any fire hydrants or other fire-
related building code items shall be reviewed and approved by the Fire Inspector.
a. Any major changes or modifications made to this Site and Building Plan can only
be made by an amendment to the approved Site and Building Plan as approved by
the City Council.
b. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
c. The Applicant shall work to ensure all applicable Minnesota Fire Code
requirements have been met as part of any site plan approval.
d. A fire sprinkler system is required to be installed and shall be maintained on a
consistent basis per City Code requirements.
e. A SAC Determination shall be submitted by the Applicant to the Metropolitan
Council and any associated feeds paid at time of any permit issuance.
f. The Applicant shall provide any final site and building plans to City staff for a
CPTED review and make alterations as necessary prior to permit release.
g. A revised landscape plan and planting schedule shall be submitted to ensure
RESOLUTION NO.
compliance with the City Code regarding landscape plantings and minimum
project valuations for Neighborhood Mixed-Use District properties.
h. The Applicant shall install irrigation systems where necessary to facilitate
maintenance of site landscaping and green areas, and irrigation shop drawings for
review and approval prior to installation.
i. Any outside trash disposal facilities and rooftop or ground mechanical equipment
shall be appropriately screened from view per City Code requirements and a detail
sheet provided.
j. The Applicant shall submit a Sign Permit Application for any proposed signage
(e.g., wall, freestanding) and receive issuance of a permit prior to any installation.
All signage shall conform to City requirements.
2. The Applicant agrees to comply with all conditions or provisions noted in the Assistant
City Engineer’s review memorandum, originally dated March 30, 2023, and last revised
April 26, 2023.
a. Final grading, drainage, utility, and erosion control plans and any other site
engineering related issues are subject to review and approval by the City Engineer
for City site and building plan approval and prior to the issuance of permits.
b. Any requirements as outlined in reviews conducted by Hennepin County.
3. Agreements:
a. The Applicant shall work with the adjacent property owner (6121 Brooklyn
Boulevard) to amend and restate the 1998 PUD agreement for removal of 6107
Brooklyn Boulevard from said agreement. This agreement is to be reviewed and
approved by the City Attorney and the amended agreement recorded with
Hennepin County prior to the issuance of building permits.
b. The Applicant shall coordinate with adjacent property owner (6121 Brooklyn
Boulevard) and the City to execute an amended or new easement agreement for the
shared access drive located off Brooklyn Boulevard. This easement is to be
reviewed by the City Attorney and recorded with Hennepin County prior to the
issuance of building permits.
c. A Performance Agreement with supporting financial guarantee approved by the
City shall be executed upon any approval of the to-be submitted building permit
for site improvements, which ensures the Subject Property will be constructed,
developed, and maintained in conformance with the plans, specifications, and
standards.
d. The Developer shall submit an as-built survey of the property, improvements, and
utility service lines prior to release of any Performance Agreement financial
guarantee.
e. A Utility Facilities Easement Agreement is required for submittal to the City prior
to issuance of any permits.
f. A Construction Management Plan and Agreement and associated escrow are
required for submittal prior to the City prior to issuance of any permits.
RESOLUTION NO.
4. Platting:
a. Approval of the preliminary and final plat for WANGSTAD’S BROOKLYN
TERRACE SECOND ADDITION are contingent upon the addressing of comments
by Assistant City Engineer James Soltis in the memorandum originally dated
March 30, 2023, and last revised April 26, 2023.
b. Final plat and mylar shall be subject to the provisions of Chapter 35 of the City
Code of Ordinances.
c. Addressing of final plat comments and/or requirements as provided by Hennepin
County.
d. Addressing of final plat comments and/or requirements from the City Attorney’s
office, and specifically regarding an updated certified abstract of title.
e. The successful recording of said plat (mylar) with Hennepin County.
May 8, 2023
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.
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5/22/2023
1
CityCouncilMeeting|May8,2023
GinnyMcIntosh,CityPlanner/ZoningAdministrator
REQUESTS:
JOCompanies(Wangstad Commons)
PreliminaryandFinalPlat
SiteandBuildingPlan
PUDAmendment|Rezoning
ComprehensivePlanAmendment
2
Requested Action
JO Companies (“the Applicant”) is requesting review and consideration of a proposal that would
allow for the reͲplat and redevelopment of approximately 1.77 acres (4 parcels) owned by the
City’s EDA, and located at: 6107 Brooklyn Boulevard, 6101 Brooklyn Boulevard, 3600 61
st Avenue
North and 3606 61
st Avenue North (“the Subject Property”).
•Preliminary and Final Plat for WANGSTAD’S BROOKLYN TERRACE SECOND ADDITION
•Site and Building Plan: 54Ͳunit multiͲfamily residential rental development
•Planned Unit Development (PUD) amendment and rezoning of northernmost parcel (6107
Brooklyn Boulevard) from PUD/C2 to MXͲN1, which reflects zoning of three other parcels
within Subject Property
•Comprehensive Plan Amendment: Allow for reͲdesignation of Subject Property to
accommodate use (mix of Commercial and LowͲDensity Residential to Neighborhood
MixedͲUse) to Neighborhood MixedͲUse
5/22/2023
2
3
4
Background
•The City’s EDA acquired the four parcels between 2012 and 2019
•EDA has been actively acquiring parcels along Brooklyn Boulevard for years with intent for
consolidation to highest and best (re)use.
•The Subject Property initially generated interest in redevelopment from Thor Living LLC (later
Coalition Development LLC) in 2018, where it was presented to City Council as a 113Ͳunit,
mixed income apartment building.
•Coalition secured Preliminary Development Agreement and Purchase Agreement, but was
unable to follow through with conditions outlined and agreements became invalid.
5/22/2023
3
5
Background (Cont.)
2020
January:The Applicant (JO Companies) initially proposed multiͲfamily residential apartment
building of between 83 and 88 units.
February:City Council issued letter of support for HC grant application, and EDA issued
Preliminary Development Agreement.
May:City Council issued letter of support for Met Council grant application.
June:The Applicant receives grant funding from Met Council.
6
Background (Cont.)
2021
March:A project update is provided to City Council, which now contemplates further reduced 54Ͳ
units of multiͲfamily—revised plans are provided, which outlines expanded green space and
community amenities and unit mix is updated to increase likelihood of MHFA funding.
June:The EDA approves resolution supporting use of TIF an in advance of Applicant application to
MHFA. An Option Agreement and term sheet are also approved by resolution and the Applicant
begins community engagement process with LISC.
July:The Applicant receives word from MHFA that initial application was unsuccessful.
5/22/2023
4
7
Background (Cont.)
2022
July:The Applicant reͲsubmits application to MHFA.
December:The Applicant receives approval of MHFA LIHTC Application for Wangstad Commons
project (54 units).
8
Background (Cont.)
2023
January:The Applicant begins semiͲregular meetings with City staff to revise plan sets according
to new Unified Development Ordinance (zoning).
March:City Council/EDA Work Session is held to work through certain financing gaps and
direction is requested as to options for minimizing financial project gap. Based on feedback
provided, City staff begins preparing formal TIF Agreement based on revised terms and creation
of new Housing TIF District.
5/22/2023
5
9
Preliminary and Final Plat
•Four EDAͲowned parcels would be reͲplatted to one parcel to accommodate 54Ͳunit multiͲfamily
residential building and site improvements.
•Minor edits requested from City staff for updating on preliminary plat for WANGSTAD’S BROOKLYN
TERRACE SECONDADDITION.
•Planning Commission report was revised in advance of Council meeting following revisions made by
Applicant to address City staff comments.
•Amendment or creation of new, dedicated easement for shared access drive off Brooklyn Boulevard
is required.
•Vacation of utility easement running through center of Subject Property—Applicant submitted
application for review and consideration at future Council meeting.
•Any requirements outlined by Hennepin County.
10
Comprehensive Plan Amendment
•Comprehensive Plan amendment required when a community
changes any part of a municipality’s adopted comprehensive plan,
including land use changes to allow for a proposed development.
•Requested amendment comes as matter of timing as Applicant
was just beginning conversations with City as 2040
Comprehensive Plan Process was wrapping up.
•Subject Property was future land use designated as mix of
Commercial (C) and LowͲDensity Residential (LDR) due to their
former land uses of an overflow lot for former Brookdale ChryslerͲ
Plymouth dealership and singleͲfamily homes.
5/22/2023
6
11
Comprehensive Plan Amendment (cont.)
•Requested reͲdesignation of Subject Property is to NeighborhoodͲMixed Use (NͲMU),which
was a new future land use designation under the 2040 Plan and guides, “land surrounding key
neighborhood intersections for a mix of residential, retail commercial/office uses. This
designation plans for the redevelopment of existing uses and assumes a minimum of 50% of land
within this designation would be for residential purposes, and the remaining area would be
developed with neighborhood scale retail, service and commercial uses.”
•During comprehensive plan engagement process, some residents vocal about existing multiͲ
family opportunities and lack of diversity in housing stock.
•Some residents indicated few options available for larger multiͲfamily units (3+ bedrooms)
and availability of housing options closer to supportive retail, commercial, and services so
they can walk, bike or easily use transit to meet needs.
•Subject Property falls within Brooklyn Boulevard Corridor Project area, which was intended
to improve roadway and intersection safety, enhance traffic operations and improve bicycle
and pedestrian travel.
12
PlannedUnitDevelopmentAmendment–Rezoning
•Request to remove the northernmost parcel located within the Subject
Property (6107 Brooklyn Boulevard) from PUD/CͲ2 (Planned Unit
Development/Commerce) District and reͲzone to match the current
zoning (MXͲN1) of the three other parcels located within the Subject
Property.
•The PUD this parcel is in was established in 1998 as part of the
former Brookdale ChryslerͲPlymouth dealership, which was in
existence since 1962. The northernmost parcel was intended for
an overflow sales and display lot.
•PUD was amended in 2016 to remove automotive/dealership
restrictions and allow for redevelopment of neighboring 6121
Brooklyn Boulevard (Sanctuary at Brooklyn Center), but this parcel
was not removed from PUD and remained in EDA ownership.
•Attorney direction is to amend/restate PUD Agreement with
neighboring property owner to remove parcel.
5/22/2023
7
13
SiteandBuildingPlan
14
SiteandBuildingPlan
•54 Units of MultiͲFamily Residential Rental Development at affordability bands of between 30 and 60Ͳ
percent of Area Median Income (AMI). Unit Mix Provided is:
•13 units – 1 Bed/1 Bath (24% of units)
•27 units – 2 Bed/1 Bath (50% of units)
•9 units – 3 Bed/1 ¾ Bath (17% of units)
•5 units – 4 Bed/1 ¾ Bath (9% of units)
5/22/2023
8
15
SiteandBuildingPlan
Dimensional Standards
•Subject Property would be consolidated to one parcel to accommodate the four story, 54Ͳunit multiͲfamily
residential building. Assuming a reͲzoning of the northernmost parcel (6107 Brooklyn Boulevard) to reflect the
remaining three parcels’ zoning of MXͲN1 District, the following dimensional standards were provided with the
submittal:Dimensional Standards MXͲN1District WangstadCommons(Proposed)
Building Setbacks
FrontBuildͲto(MinͲMax)5Ͳ20feetonprimaryand
secondaryfrontage
10foot(61st AvenueNorth)|20feet(Brooklyn
Boulevard)
SideͲInterior (Min) –NOTE:Rear building setbacks are considered
sideͲinterior setbacksfor cornerlots
10feet 180feet(west)|85feet(north)
Other Standards
Structure Height (Max)48feet 44feet
Density 15Ͳ31DwellingUnits/Acre 30.5DwellingUnits/Acre
16
SiteandBuildingPlan
Traffic |Access|Parking|Circulation|Connection
•Primary site access off Brooklyn Boulevard, with limited access utilizing rightͲturn only onto southbound Brooklyn
Boulevard or into Subject Property or full access from intersection of 61
st Avenue North and Brooklyn Boulevard
•CitystaffsubmittedplansettoHennepinCounty—preliminarycommentswereprovidedwhichaddressedsightlines
atBrooklynBoulevard,necessityofaROWpermit,andtheproposed
turnaround(revisionsrequested).
•Firetruckaccessexhibitprovidedaspartofsubmittal.
•Parking:Maximumof108spacestobeprovidedassuming54units
•SurfaceLot:49spaces
•UndergroundParking:47spaces
TOTAL:96parkingspaces(1.77parkingratio)
•Minimumstandardsforparkingdimensionsanddriveaislesaremet.
•Sidewalkconnectionsandbicyclefacilitiesareprovided.
5/22/2023
9
17
SiteandBuildingPlan
Lighting
•Aphotometricplanandfixture
schedulewassubmitted—Citystaff
reviewedplansforcompliance
•MaximumfootͲcandlesatproperty
line/ROW
•MinͲMaxrangesforopenairparking
lots
•MinimumfootͲcandlesfor
pedestrianentrancesandexits
(multiͲfamilyresidential)
•Maximumpoleheightsandlighting
types
18
SiteandBuildingPlan
Trash |Screening
•Central trash chute system to be installed
along west end of building, with trash room on
first floor. Trash would be rolled out to
dedicated pad area on pickup days.
•Trash and recycling receptacles provided in
communal areas
•All ground mounted and roof mounted
equipment shall be effectively screened from
public view and per City Code requirements.
5/22/2023
10
19
SiteandBuildingPlan
ArchitecturalMaterials
•City staff reviewed the submitted architectural set against the City’s building materials, as outlined under Section 35Ͳ
5203 of the City Code. As proposed, the Applicant intends to utilize a mix of brick, fiber cement board, glazing, and
metalpanelingoneachoftheelevations.AnelevationͲbyͲelevation material breakdown is provided, along with an
overall material calculations breakdown.
20
SiteandBuildingPlan
ArchitecturalMaterials
•City Staff provided feedback to the Applicant from
January until March 2023 and with the adoption
of the City’s new Unified Development Ordinance
•Required adjustments to building orientation
and setbacks
•Relocation of parking garage
•Adjustments to locations of balconies along
61st Avenue North while adhering to
maximum building setback requirements
(frontage) for MXͲN1 District
5/22/2023
11
21
SiteandBuildingPlan
Landscaping
•Alandscapeplanwassubmittedwithdetailsheet;however,noplantingschedulewasprovidedandCity
staffwasunabletoconductfullreview.ApplicantwillneedtocomplywithCity’sUDO.
Note:RevisedplanssubmittedonMay3,2023.
•Majorityofexistingtreeswouldrequireremoval,althoughtreesalongwesternedgeproposedfor
preservation.
•MXͲN1Districtdevelopmentsutilizeaminimumprojectvaluationforthepurposesofestablishing
minimumlandscapingrequirements—tobeprovidedbyApplicant.
Signs
•Nospecificsignagerequestsweremadeforneworrevisedsignage,althoughmaximum100SFisnoted
intwoplacesonrenderingsforawallsign.
•AllsignagewillneedtocomplywiththeallowancesasoutlinesintheadoptedCitysignageregulations.
•Applicantwillneedtoapplyfornecessarysignpermitspriortoinstallation.
22
AdditionalReviews
•Engineering reviewed plans and provided a memo dated March 30, 2023 and last revised April 26, 2023.
•An MPCA NPDES permit is required and a Construction Management Plan and Agreement, and Utility
Facilities Easement Agreement shall be submitted to the City before any permits can be issued.
•Building Official conducted a cursory review of the submission and provided a memo dated April 7, 2023
with comments and conditions of approval.
•CPTED (Crime Prevention through Environmental Design) review to be completed by City staff for any
new construction sets proposed.
•Plan sets were reviewed by Hennepin County and preliminary comments provided. Any approval is
subject to compliance with any requested revisions or recommendations from these external reviews.
5/22/2023
12
23
Summary and Notifications
•LISC led community engagement efforts in summer 2021—engagement summary is included with
report.
•Public hearing notice was published in the Sun Post on March 30 and mail notifications were sent out
to properties in vicinity of the Subject Property.
•Two public comments received (comments in packet):
•Susan Jorgensen—via email on 04/13 and present at 04/13 public hearing
•David Jorgensen—via email on 04/13 (email not received until 04/14)
•Development proposal posted on Subject Property in advance of public hearing.
•Extensive discussion at Planning Commission meeting and covered: project progression and changes in
units/unit mix, MHFA process, safety and security measures, snow removal, proposed trash and
loading areas, parking requirements, and necessity of a traffic study.
•Planning Commission recommended unanimous (6Ͳ0) approval to City Council.
24
Recommendation
Motion to:
Adopt a resolution regarding Planning Commission Application No. 2023Ͳ001, for approval of:
(1) a preliminary and final plat for WANGSTAD’S BROOKLYN TERRACE SECONDADDITION,
(2) the submitted site and building plans,
(3) an amendment to remove 6107 Brooklyn Boulevard from the original 1998 Planned Unit
Development, and
(4) reͲzoning of the aforementioned property from PUD/C2 to MXͲN1, which reflects the zoning of the
three other parcels located within the Subject Property and located at 6101 Brooklyn Boulevard, 3600
61st Avenue North, and 3600 61
st Avenue North, and
(5) a recommended amendment to the City’s 2040 Comprehensive Plan to allow for a future land use reͲ
designation of the Subject Property from a mix of Commercial (C) and LowͲDensity Residential (LDR) to
Neighborhood MixedͲUse (NͲMU), based on the findings, and as amended by the conditions of
approval in the resolution, and subject to final approval by the Metropolitan Council for the requested
Comprehensive Plan Amendment.
OB5
Slide 24
OB5 As the request by the Applicant includes a request to re-zone the
Subject Property from a PUD/C2 (Planned Unit
Development/Commerce) District to a PUD/MX-B (Planned Unit
Development/Business Mixed-Use) District, City Code dictates that
the City Zoning Ordinance be amended to reflect the re-zoning. A
draft copy of the ordinance language is included for review.
Should the City Council proceed with the re-zoning, a motion to
approve a first reading of an ordinance amending Chapter 35 of
the Zoning Code of Ordinances regarding the Subject Property
located at 1297 Shingle Creek Crossing would be required.
Following the motion, a second reading and public hearing would
be scheduled for August 8, 2022.
The request for a Comprehensive Plan Amendment will require a
separate submittal to the Metropolitan Council for review and any
final approval; however, a recommendation from the local
planning body and local governing body authorization is required
to proceed with a submittal.
Olivia Boerschinger, 7/11/2022
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Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION DECLARING THE BROOKLYN CENTER CITY COUNCIL’S
OFFICIAL PUBLIC COMMENTS ON THE MINNESOTA DEPARTMENT OF
TRANSPORTATION’S HIGHWAY 252/I-94 SCOPING DOCUMENT AND
DRAFT SCOPING DECISION DOCUMENT.
WHEREAS, the Minnesota Department of Transportation (MnDOT) is seeking
public comment on the Highway 252/I-94 Scoping Document and Draft Scoping
Decision Document; and
WHEREAS, the Council believes the Highway 252 corridor is dangerous by
design.; and
WHEREAS, Brooklyn Center has long advocated that the safety issues along the
corridor must be addressed, and therefore, the City Council is supportive of the
MnDOT completing a holistic environmental review process to chart a course for
improving safety in the corridor, while at the same time protecting human health,
promoting regional equity, and enhancing the livability and prosperity of Brooklyn
Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the attached letter serves as the Council’s official
public comment on the Highway 252/I-94 Scoping Document and Draft Scoping
Decision Document.
May 8, 2023
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.
Minnesota Department of Transportation
395 John Ireland Blvd
St. Paul, MN 55155
May 8, 2023
Re: City of Brooklyn Center Comments on the Highway 252/I-94 Scoping Document and Draft Scoping
Decision Document
Dear Commissioner Daubenberger,
The City of Brooklyn Center appreciates the opportunity to review and comment on the Highway 252/I-
94 Scoping Document and Draft Scoping Decision Document (SDD). The Highway 252 corridor is
dangerous by design. According to the draft SDD, the full length of Highway 252 and I-94 within the
project area have a demonstrated crash problem and that crossing Highway 252, on foot or by bike, can
be difficult due to the number of lanes, crossing distances, and busy intersections. Brooklyn Center has
long advocated that the safety issues along the corridor must be addressed. Therefore, the City is
supportive of the Minnesota Department of Transportation (MnDOT) completing a holistic
environmental review process to chart a course for improving safety in the corridor, while at the same
time protecting human health, promoting regional equity, and enhancing the livability and prosperity of
Brooklyn Center.
It is well known that while Minnesota is one of the healthiest states in the country, it also has some of
the worst health disparities. All communities can experience poor health outcomes, but due to systemic
inequities, they disproportionately occur in communities of color and the American Indian community.
Research show that only 10 percent of health is influenced by clinical care, and another 10 percent by
genetics. The remaining 80 percent is a result of the physical environment, health behaviors, and social
and economic factors1, making it exceedingly important to assess how plans for Highway 252/I-94 will
impact resident health.
1 Generations Health Care Initiative, “Connecting Health with Communities,” ghci.us/community-health; and World Health
Organization, “Health Impact Assessment: The Determinants of Health,” https://www.who.int/health-topics/health-impact-
assessment.
Furthermore, the majority of Brooklyn Center of residents are people of color and according to the first
report from the Highway 252/94 project’s Equity and Health Assessment,
“Compared to the typical Minnesotan, people living along the Hwy 252/I-94
corridor are at greater risk of disease, hospitalization, and death due to poor
air quality. Urban counties and counties with a higher proportion of people of
color, such as Hennepin County, have higher rates of emergency room visits,
hospitalizations, and deaths resulting from fine particle matter and ozone
exposure. Environmental Protection Agency models put the lifetime risk of
cancer from inhalation of air toxins at 31 parts per million for communities
along the corridor. This risk is a function of air toxic concentration, exposure
rates, and socioeconomic conditions.
MnDOT’s three Hwy 252 Corridor Elements recommended for advancement in the draft SDD have the
potential to deepen air quality related health inequities by introducing 34,400 – 54,500 more vehicles
per day to the Highway 252 corridor; a corridor that already carries 57,000 to 66,000 vehicles per day.
However, at this phase of the study, MnDOT is not assessing the air quality impacts of each alternative.
Given that we know the physical environment greatly influences the health, and therefore safety, of a
community, the Brooklyn Center City Council believes it is imperative to use a more holistic
understanding of safety to truly carry out an equitable analysis of the impacts of the project. Removing
all non-freeway options before air quality impacts are measured means Brooklyn Center residents, and
residents in the entire region, will never have true holistic understanding of how each alternative
performs from health and safety perspective.
Additionally, the Brooklyn Center City Council is concerned about the impact the recommended freeway
options may have on the City’s tax base. Brooklyn Center has among the lowest per capita tax capacity
within the Twin Cities metro region. This places a higher per capita tax burden on Brooklyn Center
residents compared to peer communities, including wealthier areas with a higher ability to pay. This is
partially the result of national and regional changes in commercial trends that has shifted the tax burden
from the city’s declining commercial core to the city’s modestly valued housing stock. Carrying only
freeway options through to the next phase of study guarantees decreases to the City’s tax base. The
decreases will come not just from land taken off the tax rolls through eminent domain, but also from the
property value decreases that will occur as properties directly adjacent to the proposed freeway
interchanges are negatively impacted by increased traffic levels and traffic noise.
Therefore, the Brooklyn Center City Council is asking MnDOT to make the following changes to the draft
SDD:
x Change the draft SDD to recommend the following Hwy 252 Corridor Elements for further
evaluation in the Draft Environmental Impact Statement (EIS):
o Six-Lane Expressway
o Four-Lane Low Speed Arterial Roadway
x Include pedestrian and bicycle overpasses in the definition of the Six-Lane Expressway and Four-
Lane Low Speed Arterial Roadway corridor elements.
x Revaluate how bicycle and pedestrian overpasses impact a corridor element’s multimodal level
of service.
o The City Council understands that not all users will utilize bicycle and pedestrian
overpasses. However, they find it unreasonable to accept no risk at ground-level
intersections when freeway alternatives come with their own set of risks, including
negative effects on health, safety, and property. In simpler terms, the Council believes
that incorporating bicycle and pedestrian overpasses into non-freeway Highway 252
corridor elements should result in a higher overall multimodal level of service rating,
meaning better accessibility and connectivity for various modes of transportation.
x Add project evaluation criteria that evaluate the project’s effect on the City’s tax base, including,
but not limited to, the following:
o Taxable property removed from the tax base
o Projected changes in property values
o Projected changes in business activity
x Update the project’s purpose and need statement to state:
o The purpose of the Hwy 252/I-94 Project is to improve the safe and reliable movement
of people and goods across multiple modes on and across Hwy 252 and I-94 between
Hwy 610 in Brooklyn Park and North 4th Street in Minneapolis, while protecting and
promoting human health, community livability and equity.
Sincerely,
Mayor April Graves Council Member Kris
Lawrence- Anderson
Council Member Marquita
Butler
Council Member Teneshia
Kragness
Council Member Dan Jerzak
5/22/2023
1
Hwy 252/I-94 Draft Scoping Decision Document
City Council Public
Comments
5/8/2023
LizHeyman,PublicWorks Director
Materials provided
to Council:
2
•DRAFTletterfromCouncil
toMnDOT
•May8:Councilmeeting
•Mustadoptcommentsatthismeetingif
theCouncilwantstosubmitpublic
commentsasabody
•May19:EndofCommentPeriod
Schedule
5/22/2023
2
Equity and Health Assessment (EHA)
3
•EHAenhancesMnDOT’suseofequityandhealthinformationduring
theHwy252/IͲ94environmentalreview.
•Report#3releasesometimethisweek.
•ActsaspubliccommentondraftScopingDecisionDocument(SDD).
•MnDOTwillusetheEHAtodocumentfindingsnotaddressedinthe
Hwy252/IͲ94EISandtodeveloprecommendationsforfurther
actioninpartnershipwithimpactedcommunities.
MnDOT Hwy 252 Recommendations
4
RecommendedforfurtherstudyinEIS
•FourͲlanefreewayincludingbusshoulders
•SixͲlanefreewayincludingbusshoulders
•SixͲlanefreewayincludingmanagedlanes
•Allinterchangeoptions
5/22/2023
3
4/10 Council Comments: Main Themes
5
1. Demonstrated252safetyissuesmust
beaddressedwhileprotectingand
enhancingBrooklynCenter
•Comment:ContinuewithEISprocess
2. Takehealthimpactsofincreased
trafficandtrafficnoiseintoaccount
whenevaluatingsafety
•Comment:Studyawiderrangeof
alternativesinEIS
•Whichones?
3. Taketaxbaseimplicationsinto
accountwhenevaluatingalternatives
•Comment:Addadditionalevaluation
criteria
4. Elevatehealth,communitylivability,
andequitythroughoutthescoping
process
•Comment:Adjustthepurposeandneed
statement
City Council Comments
6
1. Demonstrated252safetyissuesmust
beaddressedwhileprotectingand
enhancingBrooklynCenter
•Comment:ContinuewithEISprocess
TheCityissupportiveofMnDOTcompletinga
holisticenvironmentalreviewprocessto
chartacourseforimprovingsafetyinthe
corridor,whileatthesametimeprotecting
humanhealth,promotingregionalequity,and
enhancing thelivabilityandprosperityof
BrooklynCenter.
5/22/2023
4
City Council Comments
7
3. Taketaxbaseimplicationsinto
accountwhenevaluatingalternatives
•Comment:Addadditionalevaluation
criteria
Addprojectevaluationcriteriathatevaluate
theeffectontheCity’staxbase,including,but
notlimitedto,thefollowing:
•Taxable propertyremovedfromthetaxbase
•Projectedchangesinpropertyvalues
•Projectedchangesinbusinessactivity
City Council Comments
8
4. Elevatehealth,communitylivability,
andequitythroughoutthescoping
process
•Comment:Adjustthepurposeandneed
statement
Updatetheproject’spurposeandneed
statementtostate:
ThepurposeoftheHwy252/IͲ94Projectisto
improvethesafeandreliablemovementofpeople
andgoodsacrossmultiplemodesonandacrossHwy
252andIͲ94betweenHwy610inBrooklynParkand
North4thStreetinMinneapolis,whileprotecting
andpromotinghumanhealth,communitylivability
andequity.
5/22/2023
5
Non-Freeway Options
9
•Sixlaneexpressway
•FourͲlanelowspeedarterial
•SixͲlanelowspeedarterial
•Localcollectorroadwith
transitway
•Pickoptionsthatwilldifferentiatethe
nonͲfreewayoptions
•Didn’thearcommunitysupportfor
disconnectingfromHwy610
Comparing Non-Freeway Alternatives
10
ConsiderationsSixlaneexpressway FourͲlanelowspeed
arterial
SixͲlanelowspeed
arterial
Localcollectorroad
withtransitway
Trafficimpactstolocal
roadwaynetworkLowtomoderateModerate LowtomoderateHigh
Transit advantage Busshoulders None None Exclusivetransitway
Vehicle safetyVerysimilarto
NoBuild BetterthanNoBuild Somewhatbetterthan
NoBuild
Distinctlybetterthan
NoBuild
Pedestrianandbicycle
safety
SlightlybetterthanNo
Build
Somewhatbetterthan
NoBuild
SlightlybetterthanNo
Build BetterthanNoBuild
5/22/2023
6
City Council Comments
11
2. Takehealthimpactsofincreased
trafficandtrafficnoiseintoaccount
whenevaluatingsafety
•Comment:Studyawiderrange of
alternativesinEIS
•Revaluatehowbicycleandpedestrian
overpassesimpactacorridorelement’s
multimodallevelofservice.
Comparing Non-Freeway Alternatives
12
ConsiderationsSixlaneexpressway FourͲlanelowspeed
arterial
SixͲlanelowspeed
arterial
Localcollectorroad
withtransitway
Trafficimpactstolocal
roadwaynetworkLowtomoderateModerate LowtomoderateHigh
Transit advantage Busshoulders None None Exclusivetransitway
Vehicle safetyVerysimilarto
NoBuild BetterthanNoBuild Somewhatbetterthan
NoBuild
Distinctlybetterthan
NoBuild
Pedestrianandbicycle
safety
SlightlybetterthanNo
Build
Somewhatbetterthan
NoBuild
SlightlybetterthanNo
Build BetterthanNoBuild
5/22/2023
7
City Council Comments
13
2. Takehealthimpactsofincreased
trafficandtrafficnoiseintoaccount
whenevaluatingsafety
•Comment:Studyawiderrange of
alternativesinEIS
•EvaluateinthedraftEIS:
•SixͲLaneExpressway
•FourͲLaneLowSpeedArterialRoadway
•Revaluatehowbicycleandpedestrian
overpassesimpactacorridorelement’s
multimodallevelofservice.
Next Steps and Schedule
14
•May8:NextCouncilmeeting
•MustadoptcommentsatthismeetingiftheCouncilwantsto
submitpubliccommentsasabody
•May19:EndofCommentPeriod
5/22/2023
8
Extending the comment period
15
Lastly,theCityCouncilasksthatMnDOTextendthecomment
periodonthedraftSDDforanother______days,togivethe
publicsufficienttimetoreviewMnDOT’sEquityandHealth
AssessmentReport#3intandemwiththedraftSDD.
16
55 mph 35-45
mph
5/22/2023
9
17
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