HomeMy WebLinkAbout2020 11-09 CCPCouncil S tudy S ession
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection by
dialing 1-312-535-8110
A ccess C ode: 133 791
1584
November 9, 2020
AGE NDA
1.C ity C ouncil Discussion of Agenda Items and Questions - 6 p.m.
2.M iscellaneous
3.D iscussion of Work Session Agenda Item as T ime P ermits
4.Adjourn
C IT Y C O UNC IL
M E E T I NG
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection by
dialing 1-312-535-8110
A ccess C ode: 133 791
1584
November 9, 2020
AGE NDA
1.Informal Open F orum with City Council - 6:45 p.m.
Provides an opportunity for the public to address the Counc il on items which are not on the
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to
make personal attac ks, to air personality grievanc es, to make politic al endorsements, or for
political c ampaign purposes. C ounc il Members will not enter into a dialogue with presenter.
Questions from the Council will be for clarific ation only. Open Forum will not be used as a time
for problem solving or reacting to the c omments made but, rather, for hearing the presenter for
informational purposes only.
I will first call on those who notified the Clerk that they would like to speak during open forum,
and then I will ask if anyone else connec ted to this meeting would like to speak. W hen I do,
please indic ate your name and then proc eed when I call on you. P lease be sure to state your
name and address before speaking.
2.Invocation - 7 p.m. - Butler
3.C all to Order Regular Business M eeting
This meeting is being c onduc ted electronically under Minnesota Statutes, section 13D .021 due
to the pandemic. For those who are connec ted to this meeting, please keep your mic rophone
muted. I f there is an opportunity for public comment, y ou may unmute and speak when called
upon. P lease do not talk over others and anyone being disruptive may to ejec ted from the
meeting. The packet for this meeting is on the C ity's website, whic h is linked on the c alendar or
can be found on "C ity Council" page.
4.Roll Call
5.P ledge of Allegiance
6.Approval of Agenda and C onsent Agenda
The following items are c onsidered to be routine by the C ity Council and will be enac ted by one
motion. There will be no separate discussion of these items unless a C ounc ilmember so
requests, in whic h event the item will be removed from the c onsent agenda and c onsidered at
the end of C ounc il Consideration I tems.
a.A pproval of Minutes
- Motion to approve minutes for the following meetings:
October 26, 2020 Study Session
October 26, 2020 Regul ar Session
October 26, 2020 Work Session
b.A pproval of L icenses
- Motion to approve licenses as presented.
c.Resolution I ssuing a Hospitality A ccommodations L icense to R adisson Hotel
B rooklyn C enter with Conditions
- Consider adoption of resol ution issuing a hospital ity accommodations
li cense to Radisson Hotel Brooklyn Center with conditions.
d.Resolution Authorizing A cquisition of E asements for B rooklyn B oulevard
Corridor Project Phase 2 I mprovements, Project No. 2021-05
- Motion to approve a resolution authorizing acquisition of easements for
Brooklyn Boul evard Corridor Project Phase 2 Improvements, Project No.
2021-05.
e.Resolution Authorizing A cquisition by Eminent Domain and Approval of
A ppraised Values of Easements f or B rooklyn Boulevard C orridor P roject
P hase 2 I mprovements, P roject No. 2021-05
- Moti on to approve a resol ution authorizing acquisiti on by eminent domain
and approval of appraised values of easements for Brooklyn Boulevard
Corridor Project Phase 2 Improvements, Project No. 2021-05.
f.Resolution E stablishing I nterest R ate for 2021 S pecial A ssessments
- Motion to approve a resol ution establ ishing i nterest rate for 2021 special
assessments.
g.Resolution E stablishing 2021 S treet and Storm Drainage Special
A ssessment Rates
- Motion to approve a resoluti on establishing the 2021 street and storm
drainage special assessment rates for street and utili ty improvement
projects.
h.Resolution Declaring Costs to be A ssessed and C alling f or a Public Hearing
on P roposed S pecial A ssessments for I mprovement P roject Nos. 2021-01
and 02, Grandview South A rea S treet and Storm D rainage I mprovements
- Motion to approve a resolution declaring costs to be assessed and calling
for a public hearing on proposed special assessments for Improvement
Project Nos. 2021-01 and 02, Grandview South Area Street and Storm
Drainage Improvements.
i.Resolution E lecting to P articipate in the L ocal Housing I ncentives A ccount
P rogram Under the Metropolitan L ivable C ommunities A ct
- Motion to approve a resoluti on electing to partici pate i n the Local Housing
Incentives Account Program under the Metropolitan Li vable Communities
Act
j.Motion to approve the A mendments to the C ity Council C alendar
- Motion to approve the amendments to the City Council Calendar
7.P resentations/P roclamations/Recognitions/D onations
8.P ublic Hearings
The public hearing on this matter is now open. I will first call on those who notified the C lerk that
they would like to speak to this matter, then I will ask if any one else on this meeting would like to
speak during this hearing. W hen I do, please indic ate your name and then proceed when I call
on you. Please be sure to state your name and address before speaking.
9.P lanning C ommission Items
10.C ouncil Consideration Items
11.C ouncil Report
12.Adjournment
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :D r. Reggie Edw ards , D eputy C ity M anager
BY:Barb S uciu, City Clerk
S U B J E C T:A pprov al of M inutes
B ackground:
I n accordance w ith Minnes ota S tate S tatute 1 5 .17, the official records of all mee4 ngs mus t be documented
and approved by the gov erning body.
B udget I ssues:
-None.
S trate gic Priories and Values:
O pera4 onal E xcellence
AT TA C H M E N TS :
D escrip4on Upload D ate Ty pe
10/26 S tudy S es s ion 11/4/2020 Backup M aterial
10/26 Regular S es s ion 11/4/2020 Backup M aterial
10/26 Work S es s ion 11/4/2020 Backup M aterial
10/26/20 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
OCTOBER 26, 2020
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at
6:00 p.m. The meeting was conducted via Webex.
ROLL CALL
Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Community
Development Director Meg Beekman, City Clerk Barb Suciu, and City Attorney Troy Gilchrist.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
-None.
MISCELLANEOUS
HOUSING POLICY MEETING – 11/30 5 PM TO 8PM
City Manager Curt Boganey stated, at the last Council meeting, the City Council agreed upon the
date of November 30, 2020 from 5:00-8:00 p.m. for a Housing Policy meeting. He requested
consideration of alternative dates as that date does not work for the consultant.
Community Development Director Meg Beekman stated the meeting dates originally proposed by
the consultant were November 16, 18 or 19, 2020. She added three additional dates are proposed
by City Staff as possible meeting dates.
Mr. Boganey stated the dates that have been proposed that will potentially work are November 11,
November 24 and December 2. He added these dates have not been confirmed by the consultant.
Ms. Beekman confirmed this.
Mayor Elliott stated he is not available on November 11 or 24, 2020. He added he is available on
December 2, 2020.
Councilmember Butler stated all three dates work for her.
Councilmember Graves stated the City Council should go with December 2, 2020 if that date
works for the Mayor. She added she is not sure why November 19, 2020 was not a possibility.
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Councilmember Lawrence-Anderson stated any date is fine with her except November 10, 2020,
which is her birthday.
Councilmember Ryan stated December 2, 2020 works for him.
Ms. Beekman asked whether November 19, 2020 works for the City Council, in the interests of
having an alternative date to propose to the consultants.
Mayor Elliott stated November 11, 2020 would work for him if the meeting is one hour. Ms.
Beekman stated the meeting will be longer than one hour.
Mayor Elliott stated another date should be found so there is an alternative date. He added
December 3, 2020 works for him.
Councilmember Lawrence-Anderson asked why the meeting is being pushed so far out. She added
a date was already agreed upon that fit the Mayor’s schedule.
Mr. Boganey stated the November 30, 2020 date did not work for the consultants.
Councilmember Ryan stated December 2 or 3, 2020 work for him. He added he hopes this meeting
can be nailed down.
Councilmember Graves agreed. She confirmed the dates work for her.
There was a majority Consensus of the City Council to pursue the dates of December 2 or 3, 2020
for the Housing Policy meeting.
PROCEDURES FOR RANDOM ACTS OF KINDNESS PRESENTATION
Mr. Boganey requested City Council feedback and comment regarding how to proceed with the
Random Act of Kindness Awards at tonight’s Council meeting. He added, in the past, the
presentations have been divided among the Councilmembers and taken in order.
Mayor Elliott stated he would support rotating the presentations.
Councilmember Graves expressed concern that this might be difficult to navigate electronically.
She added it is confusing to stay on track with the presentations. She noted it would be better from
a logistical standpoint to have less people do the reading.
Councilmember Lawrence-Anderson stated it would be more meaningful to the recipients if the
Mayor were to give the presentations and acknowledge these residents.
Councilmember Ryan agreed, adding it would be more straightforward to have one reader. He
added the Mayor could call on Councilmember Butler to step in if need be. He noted it would be
more simple to have one reader, and help move things along.
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Mayor Elliott agreed to read the presentations.
City Clerk Barb Suciu confirmed that the presentations will be displayed in a PowerPoint and
shared in the online meeting as they are being read.
252 TASK FORCE SURVEY PRESENTATION
Councilmember Butler requested City Council consideration of a presentation of survey results by
the Highway 252 Task Force at an upcoming City Council Work Session. She added the Task
Force has requested a meeting with City Staff. She noted they have accomplished what
professionals have not been able to, which is engage residents on both sides of Highway 252 who
will be impacted by the changes.
Mayor Elliott stated the Task Force has reached out with a request to present information to the
City Council as part of a Regular Session, based on the nature of the information they have
collected. He added he supports their request.
Councilmember Ryan stated he would like to have evaluation and a recommendation from City
Staff regarding the so-called poll that was taken by the Riverwood neighborhood group. He added
he has reservations about the methodology and purpose of the poll. He asked whether City Staff
can provide a review of the poll.
Mr. Boganey stated City Staff can provide comments regarding the survey, in terms of the
formation of the questions and how they may or may not meet criteria for statistically valid
surveys. He added there is not much else that City Staff can offer in terms of evaluating the survey
itself as the survey results are the results.
Councilmember Ryan stated he has had some exposure to opinion surveys, and appropriate
methodologies, although I am no expert. He reviewed a recent phone call he received from a
pollster, in which questions were framed to shape his opinion. He added he noticed some things
about this survey that were problematic, as options that were given were not that which an
objective process would identify. He noted he has issues with this neighborhood group’s repeated
claims that the Minnesota Department of Transportation is violating its safety protocols for
location of interchanges. He noted he will support a presentation from them if it is the will of the
City Council.
Councilmember Butler stated these are Councilmember Ryan’s opinions. She added we need to
caution ourselves about comments as they can be insulting to community work. She added the
group has done a lot of research, and went door-to-door, getting the word out and dispersing
information. She noted they have their own opinions because they will be impacted by whatever
decisions are made. She noted there is a more respectful way to disagree, and Councilmember
Ryan’s language around their efforts is disrespectful, has been consistent with your attitude toward
this group from the beginning.
Councilmember Butler stated she is not an expert on qualitative or quantitative data but she has
been willing to listen to them whether she agrees with them or not, which is more than other City
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Councilmembers have done. She added the group deserves an opportunity to come forward and
address the City Council, in the same way that other groups have done, including the chicken and
bees supporters.
Mayor Elliott stated a time should be scheduled for this group to attend a Council meeting, if they
are ready to give a presentation. Mr. Boganey agreed to schedule the presentation at the group’s
earliest convenience.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
EARLE BROWN NAME CHANGE
Mr. Boganey stated this issue was discussed by the City Council in July 2020, at which time there
was a level of interest from the City Council in getting a greater degree of factual certainty around
assertions and allegations regarding Earle Brown. He added a local author reached out to the
Mayor, and there was an expectation that the author would be invited to a future City Council
meeting to review research that went into the book. He noted he received a voicemail from another
individual who indicated he has additional information about the history of Earle Brown and would
like to be present at a City Council meeting at which this issue is discussed.
Mr. Boganey stated he also received an email from a resident, Arvid Sorensen, expressing concern
about changing the name given the factual disputes.
Mr. Boganey requested City Council feedback and comment regarding potential additional
research, including reaching out to the University of Minnesota, as indicated in the July meeting
minutes. He asked whether the City Council would wish to pursue additional information, and
what organizations should be contacted so City Staff can pursue this issue.
Mr. Boganey stated, if the City Council believes there is sufficient information, given the fact that
there is disputed information about Earle Brown, there are a variety of options open to the City
Council in terms of changing the names of the City’s amenities. He added City Staff can provide
some options for City Council consideration.
Councilmember Ryan stated he would like more information and additional research from local
historians, as the question that was raised was that Earle Brown testified before a Grand Jury
regarding his membership in the KKK. He stressed the importance of finding out more about his
motives. He noted it is also in the City’s best interests to explore its options in changing street and
place names.
Councilmember Lawrence-Anderson stated any changes like this should go to the people in the
form of a referendum. She added community engagement is important to the City Council, and
this is a crucial issue on which the elected Councilmembers should not decide. She reiterated her
belief that the people of Brooklyn Center need to decide.
Mayor Elliott stated it is important for citizens to weigh in whenever possible. He added the
decision to name streets and amenities after Earle Brown was a decision of the City Council, and
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Mr. Brown nor his progeny were involved in these decisions. He noted, ultimately, the City
Council is responsible for addressing this issue.
City Attorney Troy Gilchrist stated the election process cannot be used for an advisory question
from citizenry. He added residents do not have the authority to make this type of decision under
the law. He noted the City could collect public opinion but a decision on this matter would be
down to the City Council.
Councilmember Ryan stated he is in favor of citizen engagement on all civic issues. He added the
City Council should be consistent in its standards for community engagement in all matters,
although it is ultimately a City Council decision, and should be reviewed further. He noted there
is an open question about who Earle Brown was, in terms of his nefarious affiliation, and more
information and potential community engagement is required to resolve this issue. He noted a
potential decision will be made less controversial by community engagement.
Mayor Elliott stated two City Councilmembers have requested additional information before
moving forward with this issue.
Mayor Elliott stated it is time to move to the Open Forum.
Mr. Boganey requested additional information from the City Council on this issue after the Regular
Session. Mayor Elliott asked the City Council whether they feel that this discussion has reached
its conclusion. Mr. Boganey stated the issue must be discussed again so City Staff can find out
what kind of information to look for and what sources to search.
Discussion of this item continued at the October 26, 2020, Work Session.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Mayor Elliott adjourned the Study Session at 6:45 p.m.
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 26, 2020
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike
Elliott at 6:45 p.m. The meeting was conducted via Webex.
ROLL CALL
Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Mark
Ebensteiner, Community Development Director Meg Beekman, City Engineer Mike Albers,
Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist.
Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum.
Hookah License
Simone Chamblish, Jambo Africa, requested consideration of getting a hookah license for her
restaurant. She stated she would like to be included on a City Council agenda to talk about this
issue, which is something that could help her restaurant and other local restaurants stay in business.
She added she has heard the City has too many licenses, and the City Council has said that they
oppose it, but other restaurants like Jammin Wings have it. She noted she wants to be able to talk
to the City Council about it.
Mayor Elliott requested clarification regarding hookah licenses. Mr. Boganey stated hookah
licenses fall under the City’s tobacco Ordinance, which sets a limit on the number of tobacco
licenses that can be issued. He added the City is well above the limit and no additional tobacco or
hookah licenses can currently be issued.
Mayor Elliott requested clarification regarding the current number of tobacco licenses in Brooklyn
Center.
City Clerk Barb Suciu stated the tobacco license limit is 14, and the City is currently at 20 licenses
as all license-holders were grandfathered in at the time that the Ordinance was passed. She added
there are 2 less licenses than when the Ordinance went into effect.
Mayor Elliott stated the City Council should grant Ms. Chamblish’s request to have a discussion
on this issue during a Work Session.
10/26/20 -2- DRAFT
Councilmember Lawrence-Anderson stated she would welcome a Work Session discussion on this
issue. She requested that an invitation be extended to a representative of Association for Non-
Smokers Minnesota to attend this discussion as well. She noted she can provide contact
information to City Staff to contact the Association. She stressed the importance of hearing both
sides of the issue.
Mayor Elliott agreed.
Renaming of Earle Brown Buildings and Streets
Randy Christensen requested City Council consideration of costs and expenses related to changing
the name of the City’s Earle Brown buildings and streets. He added there are City buildings, signs,
social media and events tied to the name, as well as taxpayer owned neighborhoods. He asked
whether there has been sufficient independent review of the disputed allegations against Earle
Brown and his reputation. He expressed his opinion that it is disingenuous for elected
Councilmembers to make such a decision without an impartial review. He urged the City Council
to lead the City’s residents to the same conclusions that they have arrived at, so the City can rally
around the City Council to strip the City of Brooklyn Center of the name of Earle Brown.
Arvid Sorenson stated he agrees this issue should be reviewed before a decision is made. He added
these changes would cost a lot of money, which would be better spent on other projects in the
community.
Opportunity Site Survey and Community Engagement
Alfreda Daniels stated she would like to speak about the Opportunity Site survey, and the
community engagement process. She added she served on the committee that was formed to advise
City Staff on how to engage the community. She noted the City needs to invest more effort on
how to engage the diverse community. She noted the majority of community members have no
idea about the Opportunity Site. She requested that the City Council hold City Staff accountable
to properly engage residents on this project, which will impact all residents, positively or
negatively, and every resident deserves a seat at the table and their voice heard.
Mayor Elliott stated it is incredibly important to engage the community in ways that are
meaningful. He added the Opportunity Site is the single biggest project the City will have,
probably in the next several decades.
Mayor Elliott thanked all the residents who joined the meeting to speak today.
Mayor Elliott moved and Councilmember Butler seconded to close the Informal Open Forum at
6:58 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Dan Ryan read the following quotes as an Invocation:
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of
our passion, they cannot alter the state of facts and evidence.”
-John Adams
“When the leaders choose to make themselves bidders at an auction of popularity, their talents, in
the construction of the state, will be of no service. They will become flatterers instead of
legislators; the instruments, not the guides, of the people.”
-Edmund Burke
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott
at 7:00 p.m.
4. ROLL CALL
Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Mark
Ebensteiner, Community Development Director Meg Beekman, City Engineer Mike Albers,
Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Elliott moved and Councilmember Ryan seconded to approve the Agenda and Consent
Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. September 22, 2020 Work Session with MnDOT
2. October 12, 2020 Study Session
3. October 12, 2020 Regular Session
4. October 12, 2020 Work Session
6b. LICENSES
Mechanical Licenses
C&M Heating and Air Conditioning Inc 13862 Wintergreen St.
Andover 55304
JayHawk Mechanical, Inc. 3307 N 2nd Street
Minneapolis 55412
Owens Companies Inc 930 E. 80th St.
Bloomington 55420
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Riccar Heating & A/C 2387 Station Parkway NW
Andover 55304
Stafford Home Service 6225 Cambridge Street
St. Louis Park, 55416
Stern Heating & Cooling, Inc 34181 180th Ave
Red Wing 55066
Twin City Fireplace & Stone 6521 Cecilia Circle
Edina 55439
United Heating & A/C Inc 1295 Hackamore Road
Medina 55340
Wencl Services, Inc 8148 Pillsbury Ave S
Bloomington 55420
Westair Corporation 11184 River Rd NE
Hanover 55341
Tobacco Related Product
Patrick Awad / Premier Tobacco
6930 Brooklyn Blvd
10501 Van Buren Circle NE
Blaine, 55434
RENTAL
INITIAL (TYPE IV – one-year license)
2606 65th Ave N HPA USA 1 LLC
INITIAL (TYPE III – one-year license)
4213 63rd Ave N Buster Fallah/
Angels Health & Home Care Services
4811 Lakeview Ave N Eileen Booker
INITIAL (TYPE II – two-year license)
3300 65th Ave N Elizabeth Dolomengi
4506 71st Ave N Obafemi Oladeji / Koladex Venture
6430 June Ave N Euphemia Brewer
RENEWAL (TYPE IV – one-year license)
5642 Logan Ave N MNSF II W1 LLC ‐
Missing CPTED Follow Up
RENEWAL (TYPE III – one-year license)
6200 Brooklyn Blvd Hayder Albatushi ‐
Met Requirements
5827 Ewing Ave N Juan Carlos Quito Villa
5408 Girard Ave N Michael Gardner ‐ Met Requirements
5618 Hillsview Rd Nita Morlock ‐ met requirements
5443 Logan Ave N Alfred Apata /
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Ultimate Care Group ‐ Missing CPTED
6807 Quail Ave N Paul Pham ‐ met requirements
6936 Unity Ave N Paul Johnson ‐ Met Requirements
RENEWAL (TYPE II – two-year license)
5337 ‐39 Queen Ave N Thanh Kim Oan
1300 68th Ln N Grant & Pam Osgood
2912 69th Ln N Lydia Kim
5333 Dupont Ave N FYR SFR Borrower LLC
5250 Great View Ave Chen Zhou
5302 Humboldt Ave N MNSF II W1 LLC
5419 Humboldt Ave N Cecilia Pineda
6765 Humboldt Ave N Loan Nguyen
4201 Lakeside Ave #201 Justin Frederick
6400 Noble Ave N Zam Zama Gesaade
6424 Scott Ave N Chen Zhou
RENEWAL (TYPE I – three-year license)
4201 Lakeside Ave #209 Robert Morgan
3301 Mumford Rd Danny Vo
6c. RESOLUTION NO. 2020-094 ESTABLISHING IMPROVEMENT
PROJECT NO. 2021-06, NORTHWEST AREA MILL AND OVERLAY
6d. RESOLUTION NO. 2020-095 ESTABLISHING IMPROVEMENT
PROJECT NO. 2021-07, LYNDALE AVENUE AREA PAVEMENT
REHABILITATION
6e. RESOLUTION NO. 2020-096 ESTABLISHING IMPROVEMENT
PROJECT NOS. 2021-08, 09, 010 AND 11, RYAN LAKE INDUSTRIAL
PARK AREA STREET AND UTILITY IMPROVEMENTS
6f. RESOLUTION NO. 2020-097 AUTHORIZING A SEWER AVAILABILITY
CHARGE (SAC) REDUCTION POLICY
6g. FOURTH AMENDMENT TO THE EASEMENT WITH COVENANTS AND
RESTRICTIONS AFFECTIG LAND WITHIN SHINGLE CREEK
CROSSING
6h. RESOLUTION NO. 2020-098 ADOPTING AN AMENDMENT TO THE
CITY COUNCIL CODE OF POLICIES REGARDING ACCESSING CITY
ATTORNEY SERVICES FOR COUNCIL POLICY DEVELOPMENT
6i. AMEND THE CITY COUNCIL MEETING CALENDAR
Motion passed unanimously.
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7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. MULTI-CULTURAL ADVISORY COMMITTEE (MAC) QUESTIONNAIRE
Police Chief Tim Gannon reviewed the results of the recent Multicultural Advisory Committee
(MAC) survey. He added the MAC survey, conducted in June 2020, included questions related to
MAC functions, and members were asked to provide suggestions for ways to make the MAC more
user-friendly and accessible to citizens. He noted responses were received from 9 of the 15 MAC
members who were surveyed.
Chief Gannon stated the MAC was developed 15 years ago as a joint police partnership between
Brooklyn Center and Brooklyn Park, and has since extended to 6 cities, each with their own MAC.
Chief Gannon reviewed the questions and responses on the survey:
1. Do you feel the Police Department is a safe and comfortable location for MAC meetings?
Responses: 86% - Yes, 14% - No
Chief Gannon stated the meeting usually includes a meal, so the location must be big enough to
accommodate the MAC members as well as several staff for dinner.
2. Have others in the community indicated that the meeting location is a concern? Responses:
29% - Yes, 71% No
Chief Gannon stated he thinks 30% is a large number, so that should be reviewed as a possible
barrier.
3. Possible alternative locations – Responses: library meeting rooms; community center; city
hall; church buildings; council chambers.
4. What topics regarding police procedures and activities would you like to receive
information on? Responses: training regarding black humans; police reform; cultural
differences; school safety; hiring, and others.
5. The MAC application process includes a background check; would you like to see any
improvements to this process? Is it a barrier to join? Answers: many come and leave
without notice, difficult to know where they are; background checks are a barrier as people
that are undocumented or with past criminal records may not want to join; add a class on
racism and barriers; it was never explained to MAC members why they need a background
check.
Chief Gannon stated the MAC has changed in the last few years, and the background check can
be eliminated as long as applicants must be aware of the purpose and objectives of MAC. He
added the only real requirement is that an applicant must live, work, worship or learn in Brooklyn
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Center. He stressed the importance of ensuring that the MAC is a Brooklyn Center-specific body
with ties to the City.
6. Suggestions for how MAC could play a bigger role in improving multi-cultural awareness
in Brooklyn Center – Responses: Build trust by allowing community agencies to be at the
police table to talk; more multicultural awareness is important.
7. Describe the level of communication from the Police Department regarding Department
updates and significant events – Responses – we should have a MAC “What’s Up”;
communication is great; let everyone play a role and communicate effectively; seems to be
working well.
Chief Gannon stated the Police Department provides advanced information to the City Council
and the MAC when there is an incident, in the interests of transparency. He added MAC members
have ties within the community and can provide communication and information.
8. Do you feel the MAC adequately represents the different cultures in Brooklyn Center?
Responses: 43% - Yes, 57% - no; need more youth; LGBTQ; Southeast Asian, minority
business owners.
9. Do you feel comfortable attending MAC meetings with police officers in uniform? 86% -
yes, 14% - no
10. Do you feel there should be additional officers present? Responses: 86% yes, 14% no
Chief Gannon stated MAC members are encouraged to bring information to their neighborhoods,
and police officers are encouraged to show vulnerability and concern for residents.
Chief Gannon stated, in terms of next steps, a MAC meeting is scheduled for October 27, 2020, to
review answers and remedies on the survey. He stressed the importance of making the MAC more
approachable, make it easy to join, and remove any obstacles for citizen engagement and
involvement. He noted MAC members are volunteers and a great resource for the City.
Councilmember Butler stated she agrees with comments that the meetings should not be held in
the police station, and background checks should be removed. She added, moving forward, the
lack of diversity on the MAC should be reviewed, as it is not representative of the community.
She noted there should be more Latino, Asian and African American representation, and the Police
Department should do a better job of recruiting.
Chief Gannon stated, while he respects the Councilmember’s comments, the advisory committee
has unprecedented diversity in terms of gender and race. He added that is why the group was
formed in the first place. He noted he is the only white male in attendance at MAC meetings. He
invited Councilmembers to attend the MAC meetings and be involved in decision-making.
Councilmember Butler stated she was not speaking of Caucasian representation, and her comments
are based on input from MAC members and the community. She added the MAC is primarily
10/26/20 -8- DRAFT
made up of African immigrants, and there is no Latino or Asian presence. She noted the City
Council has had discussions about creating an oversight committee.
Councilmember Graves stated she agrees with Councilmember Butler’s statements. She added
there are diverse MAC members, but it is not a good representative mix of different diverse
communities. She noted she appreciates the dedication of MAC members who have served for a
long time. She stressed the importance of inviting new people; consideration of monopolization;
and appropriate MAC term length.
Councilmember Graves stated three of the survey questions had the same percentage of responses,
86% to 14%. She added there might be some conclusions that could be drawn from those
responses. She noted the ultimate goal is that everyone who serves on the MAC feels that it is a
safe and comfortable space.
Chief Gannon stated it is absolutely acceptable to consider opening the MAC up to members from
diverse backgrounds. He added, from a historical standpoint, the MAC was formed due to the
influx of African immigrants in the community. He noted, as diversity changes in Brooklyn
Center, the MAC can embrace that as well.
7b. RESOLUTION NO. 2020-101 EXPRESSING RECOGNITION AND
APPRECIATION TO JIM GLASOE FOR OVER 25 YEARS OF DEDICATED
PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER
Mr. Boganey stated retired Director of Community Activities, Recreation and Services (CARS)
Jim Glasoe has recently retired after 26 years of service to the City of Brooklyn Center. He added
Mr. Glasoe was not able to join tonight’s meeting. He read a letter from Mr. Glasoe expressing
his immense gratitude for the City’s support throughout his career, and for the relationships and
people he will miss the most.
Mr. Boganey stated Mr. Glasoe was a good person as well as a great team member and manager,
and he served the City of Brooklyn Center well.
Councilmember Butler stated she would like to pass on her congratulations and best wishes to Mr.
Glasoe. She added she enjoyed interacting with him in her four years on the City Council.
Councilmember Graves agreed, adding she had the pleasure of working with Mr. Glasoe through
her role as City Council Liaison to the CARS Commission. She added Mr. Glasoe always worked
to ensure that Commission members had ownership of the meetings; he is a good listener, and she
appreciates his sense of humor. She wished him well in his retirement.
Councilmember Ryan stated he echoes the sentiments of Councilmember Graves, as he saw many
examples of Mr. Glasoe’s outstanding service during his time as Liaison to the Parks & Recreation
Commission. He added he appreciates Mr. Glasoe’s many years of service and dedication to the
City of Brooklyn Center.
10/26/20 -9- DRAFT
Mayor Elliott read in full a Resolution expressing recognition and appreciation to Jim Glasoe for
25 years of public service to the City of Brooklyn center.
Mayor Elliott stated he came to know Mr. Glasoe many years ago, when he was Mayor Elliott’s
point of contact and supervisor while working on the Brooklyns Youth Council. He added he is a
very good guy, and he has no recollection of any time where anybody had anything bad or negative
to say about Mr. Glasoe, which is saying a lot for someone in that position. He added he is honored
to have the opportunity to recognize Mr. Glasoe for his leadership and hard work.
Arvid Sorensen stated he worked with Jim Glasoe through his role on the Parks & Recreation
Commission. He added Mr. Glasoe would always listen to suggestions, take advice, and provide
any information that was requested. He noted he was pleased to have known Mr. Glasoe for most
of his career in Brooklyn Center.
Mayor Elliott moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2020-
101 Recognizing and Demonstrating Appreciation of 25 Years of Service to the City of Brooklyn
Center by Mr. James Glasoe.
Motion passed unanimously.
7c. PROCLAMATION DECLARING OCTOBER 26, 2020 TO BE DESIGNATED AS
RANDOM ACTS OF KINDNESS DAY
Elliott read in full a Proclamation declaring October 26, 2020 to be Random Acts of Kindness
Day.
Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to adopt a
Proclamation Declaring October 26, 2020 to be Designated as Random Acts of Kindness Day.
Motion passed unanimously.
Mayor Elliott presented each Random Act of Kindness nomination.
Pang Yang, Park Center Senior High School teacher, nominated by Darryl Sannes, organized a
community-wide event in October 2019, hosting Brooklyn Center youth authors and Hmong
authors from across the country. Mayor Elliott stated he attended this wonderful event.
Darnell Hancock, nominated by Allan Hancock, shared vegetables from her garden with her
neighbors, and visits with them observing social distancing guidelines. She notifies neighbors
when there is a package left on their doorstep and will collect and deliver packages if needed.
Mike White, CEAP volunteer, nominated by Sophie Ball, took on the additional role of helping
with curbside food distribution during Covid-19. He has been a role model and serves the
community with his whole heart.
10/26/20 -10- DRAFT
Darryl Sannes and Arlene Swanson, nominated by Diane Sannes, in celebration of Earth Day’s
50th Anniversary, they put stickers on storm drains along Willow Lane with the important message
“Do Not Pollute”.
Cathy Cartalucca, CEAP volunteer, nominated by Sophie Ball, does a fabulous job and takes on
extra roles to help the community by hand-sewing cloth bags to give to families to carry their food
more easily. She goes above and beyond in serving the community.
Yong Cheng Yang, Park Center High School student, nominated by Diane Sannes, was accepted
to the 2020 Minnesota House of Representatives High School Page Program. She experienced the
legislative process firsthand assisting members during first week of the legislative session.
Allan Hancock, nominated by Darnell Hancock, helps with garbage pick-up at the Metro Transit
Station once a month, and helped a neighbor replace their kitchen sink and leaking pipe connection.
Diane Sannes, nominated by Darryl Sannes, volunteered for Hennepin County’s Annual Bike and
Pedestrian Survey near Brooklyn Center Transit Center, to do counts for the last several years,
including this year on September 9, 2020 in the rain.
Diane and Darryl Sannes, nominated by Allen Hancock, organized a monthly trash pick-up event
at the Metro Transit Station every last Saturday of the month. They encouraged others to join them
in this important effort.
Tom Green, nominated by Jerrold Keller, pulls a wagon around Brooklyn Center, cleaning the
parks and trails.
Pam and John Solomon, nominated by Marquita Butler, they are welcoming and inviting to all of
their neighbors, including their next-door neighbor who in his 90s. Pam often brings over dinner,
banana bread and groceries; they fix things in the house and help with snow in the winter. We
need more neighbors like John and Pam!
Aurelius Butler III, nominated by Marquita Butler, cleaned up several bags of trash in his
neighborhood in commemoration of Earth Day.
Steve Schonning, former Planning Commissioner, nominated by Jack MacMillan, joined the
Planning Commission in 2010 to be a part of the re-growth of Brooklyn Center. He worked to
ensure that redevelopment proposals, including Shingle Creek Crossing, were reviewed with the
City’s best interests in mind. He was always out visiting locations of proposed redevelopment
projects, and always came to meetings well-prepared, with good questions and comments. Steve
Schonning was honored to serve the City, and he served it well beyond expectations.
Tom Green, nominated by Dan Ryan, has been picking up trash daily in City parks for 5 years.
He says it is therapeutic and helps him stay connected to the parks. He encourages people to take
pride in their surroundings and take better care of the City’s parks.
10/26/20 -11- DRAFT
Randy Christensen, former Planning Commission Chair, nominated by Jack MacMillan, joined
the Planning Commission in 2015 and was elected Chair in 2016. Randy, a professional property
manager and licensed real estate agent, was an ideal Planning Commissioner, with leadership skills
that made him a great Chair. He always came to meetings prepared, ran a professional meeting,
and encouraged citizens to come forward and speak up about proposed projects, but also kept the
meetings moving forward smoothly. Mr. Christensen devoted his time in selfless service to the
City of Brooklyn Center.
Moria Knutson, nominated by Molly Faul, made masks and gave them to kids that needed them
so they could go to school.
Osseo School Enrollment Center, nominated by Diane Sannes, with its amazing enrollment team
who provide support to local families, including a family with 8 children who moved to the School
District from Wisconsin. Thank you for working every day to make tough jobs go smoothly.
Tom Green, nominated by Marquita Butler, went above and beyond this summer to keep the City’s
parks clean. He put in several hours a day, used his own supplies, and encouraged and invited
others to get involved. He inspired us all to do more to keep our community clean.
Mayor Elliott stated this is Tom Green’s third nomination this evening.
Women of Brooklyn United Methodist Church, nominated by Diane Sannes, provided dinner for
over 200 students for the Garden City Elementary School Fair. The BUMC Women were Linda
Browning, Sheila Weber, Carol Foster, Arlene Swanson and Jill Michael.
Linda Browning expressed recognition for Diane and Darryl Sannes, who recruit volunteers and
take the lead on volunteer projects. Diane has a very deep loyalty to Garden City Elementary
School, and BUMC support her volunteer efforts.
Mayor Elliott asked if Pamela wished to speak. Pamela Solomon stated it is important for residents
to get to know their neighbors and provide support and assistance when needed. She added the
youth of the community should be lifted up and supported as much as possible, especially now.
She added it is in her heart and soul as a therapist, mom, sister and daughter, to help as much as
she can within the community.
Mayor Elliott thanked Pamela for her support over the years, to him personally and many other
Brooklyn Center residents. He thanked her for all she does for the community.
Paul Jackson, Cub Foods Manager, nominated by Darryl Sannes, worked with Cub to donate much
needed back-to-school supplies to Brooklyn Center schools and students in October 2019.
Kendra Deschler, TCF Bank - Brooklyn Center, nominated by Darryl Sannes, along with TEAM
TCF, provided snacks for a School Fair and supported Back-To-School efforts.
Councilmember Butler thanked the nominees, and also those who recognized their efforts and
submitted nominations. She added she nominated her son as he wanted to pick up trash in their
10/26/20 -12- DRAFT
neighborhood, and she encouraged him to volunteer. She stressed the importance of setting an
example and encouraging young people, and all residents, to volunteer and get involved in the
community in various ways. She noted there are many other residents who were not nominated
for all the work they do, but who should also be recognized.
Councilmember Ryan stated he appreciates Councilmember Butler’s comments. He added small
things can add up, when people step up and make a personal effort to improve their community.
He stressed the importance of public recognition of the efforts of people who take the initiative to
get things done, and Random Acts of Kindness is a great way to acknowledge the importance of
community service. He noted local neighborhood engagement can make every block a better place
to live.
Mayor Elliott called for a five-minute recess at 8:22 p.m.
The City Council returned from recess at 8:27 p.m.
8. PUBLIC HEARINGS
8a. RESOLUTION NO. 2020-099 ORDERING IMPROVEMENTS AND
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR
IMPROVEMENT PROJECT NOS. 2021-01, 02, 03 AND 04, GRANDVIEW SOUTH
AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS
City Engineer Mike Albers reviewed the proposed Grandview South Area Street and Utility
Improvements for 2021, to include roadways, storm drainage and utility improvements in the south
half of the neighborhood. All potentially affected property owners have been notified of tonight’s
public hearing as well as assessment amounts. The assessment hearing has been scheduled for
December 14, 2020 and separate notice will be sent to property owners.
Mr. Albers stated the project is a planned continuation of the City’s Capital Improvement Plan,
initiated in the early 1990s to reconstruct the City’s aging public streets and utilities. He added
2021 will be 28th year of the project, and approximately 95% of the City, or 101 miles of roadways,
have been reconstructed. The project evaluation includes sanitary sewer, water main, drainage,
streets, sidewalks and trails, and streetlights. City Staff will coordinate with private utility to
review their infrastructure needs.
Mr. Albers stated the project budget of $11.8 million is proposed to be funded through a variety
of sources, including $1.5 million from special assessments, or 13.2% of project cost. He added
a total assessment per property of $6,149 is proposed, which is an estimated 1.5% increase over
the established 2020 assessment rate, with a tentative interest rate of 3.5%. Residents can pay the
assessment amount in full or choose from other payment options. An assessment reminder will be
mailed to property owners if the project is approved.
Mr. Albers stated City Staff recommends City Council adoption of a Resolution ordering
improvements and authorization preparation of plans and specifications for the 2021 Grandview
South Area Street and Utility Improvements.
10/26/20 -13- DRAFT
Councilmember Ryan moved and Mayor Elliott seconded to open the Public Hearing.
Motion passed unanimously.
Randy Christensen thanked Mr. Albers for his presentation. He added he understood exactly what
Mr. Albers was talking about.
Renee Anderson stated she is a resident but also works in the Public Works Department. She
added she understands residents’ concerns regarding assessments. She noted she and her husband
fully support the Grandview project moving forward as planned.
Mayor Elliott moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Mayor Elliott stated he lives on 57th Avenue. He asked whether that is a County road, with shared
responsibility.
Mr. Albers stated no improvements are proposed for 57th Avenue as it is not included in the project
area. He added most of the sanitary sewer on 57th Avenue runs north/south with very little pipe in
the actual roadway.
Councilmember Ryan stated 57th Avenue is an MSA road, and as such, any improvements would
receive additional State Aid assistance. Mr. Albers confirmed this.
Mayor Elliott moved and Councilmember Ryan seconded to Adopt RESOLUTION NO. 2020-099
Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement
Project Nos. 2021-01, 02, 03 and 04, Grandview South Area Street, Storm Drainage and Utility
Improvements
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
-None.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2020-100 AWARDING THE SALE OF $5,005,000 GENERAL
OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES
2020A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR
EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT.
Mr. Ebensteiner reviewed the sale of General Obligation Improvement Utility Revenue Bonds.
He added the City’s long-range street and utility improvement program consists of systematic
10/26/20 -14- DRAFT
replacement of the City’s aging streets, water, sanitary sewer, sidewalks and streetlights. The
Grandview neighborhood was identified as the 2020 project, which includes roadway and utility
improvements for 110 homes, 32 townhomes, 2 senior living facilities and 1 church. The bid was
awarded to the lowest responsible bidder for approximately $850,000, and bonds issued will fund
approximately 80% of the project cost, with the remainder covered by available cash balances.
The total proposed bond issue is $4,785,000.
Doug Green, Baker Tilly, stated five bids were received that morning on behalf of the City, and
the winning bid was Northland Securities, Inc. He added bids are awarded based on true interest
cost, which was .96%, and the average maturity is approximately 6 years. He noted the principal
amount was adjusted from $5,005,000 to $4,785,000.
Mr. Ebensteiner reviewed the repayment summary, including property tax levy for 2021 of
$83,472 or 0.42% of the levy increase, which will increase by $155,000 for 2022; and utility
revenues including water annual payments of $200,000 and sanitary sewer annual payments of
$123,000.
Mr. Green reviewed the last 5 years of bond issues for the street projects, adding the City’s credit
rating is AA, based on a very strong financial position and annual budget performance. He stated
the City has a stable outlook despite the pandemic and budget pressures at the State level. He
added the decertification of TIF District #3, scheduled for December 31, 2021, will increase market
value in the future.
Mr. Ebensteiner stated City Staff recommends City Council adoption of a Resolution awarding the
sale of $4,785,000 General Obligation Improvement and Utility Revenues Bonds.
Mr. Boganey congratulated the City Council and Financial Commission, with special thanks to
Mr. Ebensteiner and Doug, for the implementation of forward-thinking financial planning and
policies that have allowed the City to maintain an extraordinary AA bond rating.
Mayor Elliott moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020-100
Awarding the Sale of $4,785,000 General Obligation Improvement and Utility Revenue Bonds,
Series 2020A, Fixing their Form and Specifications; Directing their Execution and Delivery; and
Providing for their Payment.
Motion passed 4-0 (Councilmember Lawrence-Anderson did not respond).
11. COUNCIL REPORT
-None.
12. ADJOURNMENT
Mayor Elliott moved and Councilmember Butler seconded adjournment of the City Council
meeting at 9:16 p.m.
10/26/20 -15- DRAFT
Motion passed 3-0 (Councilmembers Ryan and Lawrence-Anderson did not respond).
10/26/20 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
OCTOBER 26, 2020
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session
called to order by Mayor/President Mike Elliott at 9:17 p.m. The meeting was conducted via
Webex.
ROLL CALL
Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April
Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey,
City Clerk Barb Suciu, and City Attorney Troy Gilchrist.
EARLE BROWN NAME CHANGE – CONT’D
Mayor/President Elliott requested additional feedback and comment on this issue from the City
Council.
Councilmember/Commissioner Ryan stated, as he stated earlier, he would like additional historical
analysis. He added the book that was distributed to the City Council indicated that Earle Brown
apparently joined the Ku Klux Klan in the interests of observation. He noted perspective was what
he took away from the book’s limited historical perspective. He reiterated his wish to review
additional historical analysis.
ADJOURNMENT
Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves
seconded adjournment of the City Council/Economic Development Authority Work Session at
9:20 p.m.
Motion passed 4-0 (Councilmember/Commissioner Lawrence-Anderson did not respond).
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :D r. Reggie Edw ards , D eputy C ity M anager
BY:A lix Bentrud, D eputy C ity C lerk
S U B J E C T:A pprov al of L icenses
B ackground:
T he following bus ines s es /pers ons have applied for C ity licens es as noted. Each bus ines s /person has
fulfilled the requir ements of the City O rdinance gov er ning respec4ve licens es , s ubmi5ed appropriate
applica4ons, and paid pr oper fees .
A pplicants for r ental dw elling licenses are in compliance with C hapter 12 of the C ity C ode of O rdinances ,
unless comments are noted below the property addr es s on the a5ached rental r epor t.
G as oline S ervice S taon
Tw o Rivers I nves tment I nc
6840 H umboldt Av e N
1525 1 2 0 th L n N E
Blaine 55449
M e chanical L icenses
C &M H ea4ng and A ir Condi4 oning I nc 13862 W intergreen S t.
A ndov er 5 5 3 0 4
F urnace P ro 290 109th L n N W
Coon Rapids 5 5 4 3 3
Tobacco Re lat e d P roduct
Tw o Rivers I nves tment
6840 H umboldt Av e N
1525 120th L n N E
Blaine, M n 5 5 4 4 9
S trate gic Priories and Values:
S afe, S ecure, S table C ommunity, O pera4onal E xcellence
AT TA C H M E N TS :
D escrip4on Upload D ate Ty pe
Rental C riter ia 7/7/2020 Backup M aterial
11-9-2020 Rentals 11/4/2020 Backup M aterial
Page 2 of 2
b.Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events
categorized as Part I crimes in the Uniform Crime Reporting System including
homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are “Family or household members” as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of
Units
Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No
Category
Impact
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
Type I – 3 Year 1-2 units 0-2
3+ units 0-0.75
Type II – 2 Year 1-2 units Greater than 2 but not more than 5
3+ units Greater than 0.75 but not more than 1.5
Type III – 1 Year 1-2 units Greater than 5 but not more than 9
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 units Greater than 9
3+ units Greater than 3
Property Address Dwelling
Type
Renewal
or Initial Owner
Property
Code
Violations
License
Type
Police
CFS *
Final
License
Type **
Previous
License
Type ***
6424 Girard Ave Single Initial Rashidat Sowemimo 14 IV N/A
5333 James Ave NSingleInitialJacob Sphatt 4 II N/A
3307 Ohenry Rd Single Initial
Assata Sheriff / Divine Home Care
Services 7 III N/A III
6430 Toledo Ave NSingleInitialDavid Habimana / Touchstone
Properties 7 III N/A III
5913 Vincent Ave NSingleInitialHPA US1 LLC 0 II N/A
5949 Vincent Ave N Single Initial Olaleye Olagbaju / Royal Priesthood 6 III N/A III
4408 69TH Ave N
Northwest Residence
Multi 1 Bldg
4 Units Renewal Eugene & Diane Wright 4
1 per unit II 0 II
4210 Lakebreeze Ave Multi 1 Bldg
4 Units Renewal Bobbie & James Simons 2
.5 per unit I0 II
2802 Northway Dr
Gateway Commons
Multi 21 Bldgs
252 Units Renewal Gary Brummer 182
.72 per unit I
18 CFS .09 per unit
11/10/19 Vandalism
11/10/19 Vandalism
12/2/19 Theft
12/13/19 Theft
12/13/19 Theft
12/21/19 Theft
1/12/20 Theft Vehicle
1/27/20 Vandalism
2/9/20 Disturbance
3/18/20 Theft
3/30/20 Theft Vehicle
5/15/20 Theft 7/2/20
Theft
7/4/20 Theft Vehicle
7/16/20 Theft
7/17/20 Theft
7/27/20 Theft Vehicle
10/21/20 Theft
Vehicle
10/26/20 THeft
III
509 61st Ave N Single Renewal Tim Daniel ‐ met all requirements 11 IV 0 II
3224 62nd Ave N Single Renewal Michael Mills 9 III 0 III II
Rental Licenses for Council Approval on November 9, 2020
Property Address Dwelling
Type
Renewal
or Initial Owner
Property
Code
Violations
License
Type
Police
CFS *
Final
License
Type **
Previous
License
Type ***
Rental Licenses for Council Approval on November 9, 2020
2701 65th Ave N Single Renewal Trinh Vu 0 I 0 I I
6015 Dupont Ave N Single Renewal Home SFR Borrower LLC 9 IV 0 IV III
5254 Ewing Ave N Single Renewal My Truong / J&M Homes ‐ Met
Requirements 8 III 0 III IV
5914 Fremont Ave N Single Renewal Alaafia Homecare 9 IV 0 IV IV
6445 James Cir N Single Renewal Kasawa Hospitality Super 80I II
4200 Lakebreeze Ave Single Renewal Todd Bertelson /CPP3 LLC 5 II 0 II
4207 Lakeside Ave #322 Single Renewal Maie White 7 III 0 II
6430 Lee Ave N Single Renewal Infinite Property / Xian Qiang Lin 0 I 0 I
7212 Lee Ave N Single Renewal Qiang Fang ‐ met requirements 0 I 0 III
3024 Nash Rd Single Renewal James Morgan 4 II 0 I
6736 Perry Ave N Single Renewal Mark Coville ‐ Missing CPTED Inspection 2 I 0 I IV
6812 Scott Ave N Single Renewal Lankia Lartey 4 II 0 II II
4913 Winchester La Single Renewal Huda Hassen ‐ missing CPTED & CFH 3II 0 IV
* CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.)
** License Type Being Issued
*** Initial licenses will not show
All properties are current on City utilities and property taxes
Type 1 = 3 Year Type II = 2 Year Type III = 1 Year
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :N/A
BY:C or nelius Boganey, City M anager
S U B J E C T:Res olu'on I ssuing a H os pitality A ccommoda'ons L icens e to R adis s on H otel Brooklyn
C enter w ith Condi'ons
B ackground:
O n O ctober 12, 2 0 2 0 the C ouncil held an applicant hear ing under sec'on 2 3 -2 4 1 3 of the C ity C ode to
determine if s ufficient gr ounds existed to not r enew the expired hotel accommoda'ons licens e for Radis s on
H otel Brooklyn C enter, repres ented by owner Nupen Patel.
Following a lengthy and detail dis cus s ion (minutes excer pt a:ached), the C ity C ouncil provided direc'on to
s taff to prepare a r es olu'on to renew the licens e s ubj ect to condi'ons .
S taff has dra?ed the a:ached resolu'on authorizing license renewal s ubj ect to condi'ons as recommended
provided by sta ff a nd amended by the C ity C o unc il direc'o n.
B udget I ssues:
T here are no budget cons idera'ons.
S trate gic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip'on Upload D ate Ty pe
Res olu'on w ith condi'ons 11/3/2020 Cov er Memo
10.12.20.excer pt.minutes 11/3/2020 Cov er Memo
1
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO. 2020-___
RESOLUTION ISSUING A HOSPITALITY ACCOMMODATIONS LICENSE TO
RADISSON HOTEL BROOKLYN CENTER WITH CONDITIONS
WHEREAS, Nupen Patel (“Applicant”), owner of the Radisson Hotel Brooklyn Center,
2200 Freeway Boulevard, Brooklyn Center, MN 55430 (“Hotel”), submitted an application to
the City of Brooklyn Center (“City”) requesting to renew the hospitality accommodations license
(“License”) for the Hotel; and
WHEREAS, because the Hotel has failed to comply with a number of City regulations,
the City Manager forwarded the application to the City Council to conduct a hearing and
consider whether to renew the License for the Hotel; and
WHEREAS, the City Council held a hearing on the application at its meeting on October
12, 2020, heard from the Applicant and the Hotel manager, discussed the matter, and gave
direction to City staff to prepare a resolution to renew the License with conditions for
consideration and action at a future meeting; and
WHEREAS, the City Council hereby finds and determines as follows:
a. Sections 23-2400 through 23-2415 of the Brooklyn Center City Code (“City Code”)
require hospitality accommodations (hotels and motels) within the City to obtain and
annually renew a hospitality accommodation license;
b. Under Section 23-2401 of the City Code, it “is unlawful for any person, firm, or
corporation to operate a hospitality accommodation in the City without a hospitality
accommodation license”;
c. The Applicant indicated he took possession of the Hotel in April 2019;
d. The Hotel received a License effective as of May 1, 2019 and on January 31, 2019 the
City mailed notice to the Hotel of the need to submit a renewal application before April
1, 2020;
e. The Applicant did not submit an application by the April 1st deadline and License
previously issued for the Hotel expired on April 30, 2020;
f. The Applicant did not submit an application to renew the License until September 1,
2020;
g. On September 2, 2020, the City sent the Applicant a letter indicating it received the
application and that it will need to be considered by the City Council;
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h. On September 25, 2020, the City Manager sent the Applicant a letter (which is
incorporated herein by reference) indicating the existence of violations that constitute
sufficient grounds to not renew the License and notifying the Applicant of a hearing to be
held on the renewal application at the October 12, 2020 City Council meeting. The
violations identified in the letter are summarized as follows:
1) Failure to renew the License and operating without a License since May 1, 2020,
which constitute sufficient grounds under Section 23-2413(A)(7) of the City
Code to not renew the License;
2) Failure to pay the lodging tax for the Hotel since March 2020, which constitutes
sufficient grounds under Section 23-2413(A)(2) of the City Code to not renew
the License; and
3) Failure to pay an outstanding balance of $50,049.54 of unpaid City utility
charges, which constitutes sufficient grounds under Section 23-2413(A)(2) of the
City Code to not renew the License; and
4) Operating the Hotel in a way that does not comply with the local zoning
regulations and the planned unit developed (PUD) issued for the property, which
constitutes sufficient grounds under Section 23-2413(A)(6) of the City Code to
not renew the License.
i. The September 25, 2020 letter also noted the sharp increase in calls for police service at
the Hotel, including for violent crimes. In the period from June through August 2020, the
number of calls from the same period in 2019 increased by 716%;
j. The City is aware the Hotel entered into a contract with a service provider (“Service
Provider”) who, in turn, the City understands has an agreement with the Minnesota
Department of Health for emergency housing of people displaced as a result of the
pandemic. The agreement with the Service Provider indicates that starting on May 30,
2020 the Hotel would make available up to its entire capacity of 174 guest rooms for the
state program. The original Service Provider was Start Today Hennepin, but Second
Chance recently took over as the Service Provider to operate the program at the Hotel;
k. As a result of the arrangement with the Service Provider, the Hotel is functionally being
used as a homeless shelter. City staff believe that up to 100 guest rooms may have been
used as part of the program at one time. City staff has raised concerns regarding the use
as the Hotel for long-term housing as the PUD issued for the property limits it use to a
short-term stay hotel, not an extended stay facility. Additionally, the Hotel was not
designed or constructed to accommodate long-term stays;
l. The City sent multiple notices to the Hotel regarding the failure to pay utilities and the
lodging tax. The Hotel only recently paid the outstanding utility charges and lodging tax
and as a result is no longer in violation with respect to those items;
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m. The City Council acknowledges the violations noted in the September 25, 2020 do
constitute sufficient grounds under Section 23-2413 of the City Code to not renew the
License;
n. Included in the materials presented to the City Council for its October 12, 2020 meeting
was a list of proposed conditions City staff prepared to address the issues and concerns it
has been experiencing regarding the Hotel. The goal of the conditions is to place
reasonable restrictions on the use of the Hotel as part of the state’s program in order to
protect the health, safety, and welfare of the public and the guests at the Hotel, and to
recognize the limits on available City resources;
o. The City Council conducted the hearing at its October 12, 2020 meeting and heard from
the Applicant and the on-site manager of the Hotel. The testimony from the Applicant
and the manager included the following:
1) The Applicant said he was not aware a license from the City was required and that
he was not aware the management company he relied on to pay the utilities and
lodging taxes were not paying them. He claimed to not have received any of the
notices previously sent by the City;
2) The arrangement with the state is part of emergency COVID-19 operations and
the people staying at the Hotel through the program are not necessarily homeless.
He indicated he does not ask if the person or family checking in are homeless;
3) The Applicant estimates that 35-40 guest rooms are currently being used as part
of the state program to house individuals and families. At the peek, the Applicant
indicated Hotel housed approximately 82 clients in approximately 67 rooms;
4) He indicated those in the program stay anywhere from one week to two months,
depending the success of the Service Provider in placing them elsewhere;
5) The Service Provider typically has four to six staff on site during the day and two
at night;
6) With respect to the proposed conditions, the Applicant indicated that they already
do many of them, such as meeting with City regularly and they already register
vehicles in its lot; and
7) The Applicant indicated the pandemic has hurt his business and that participation
in the program has helped bring some revenue to the Hotel. He objects to the
proposed condition limiting the number of guest rooms that may be used for the
program to 35 as being too limiting.
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p. The City Council noted the Hotel is aware of whether a guest is part of the state program
as they are staying as part of the agreement the Hotel entered into with the Service
Provider and through which the Hotel is being compensated;
q. The City Council is well aware of the strain the pandemic has had on businesses and
previously adopted a resolution to authorize the City to grant flexibility in City
regulations as it determines is appropriate to assist businesses as they reopened and
attempted to operate under the restrictions imposed by the state. The City Council
determines it is appropriate to temporarily extend this same regulatory flexibility to the
Hotel to continue to house clients under the state program despite the inconsistencies
with local zoning regulations; and
r. While granting regulatory flexibility is appropriate under the circumstances, the City
Council also needs to act to protect the health, safety, and welfare of the public and those
staying at the Hotel. As such, it is reasonable and necessary to place conditions on the
License granted the Hotel that limits the period and scope of such use and to impose
certain operational requirements. Placing a limit on the number of lodging units (guest
rooms) that may be used as part of the program is appropriate as it recognizes the
capacity limits of both the Service Provider and City staff to effectively address the
resulting needs for services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brooklyn
Center hereby approves and issues a Level I hospitality accommodation license pursuant to City
Code Section 23-2408 for the Radisson Hotel Brooklyn Center for the period of May 1, 2020 to
April 30, 2021, subject to compliance with all of the following conditions:
1. Homeless Shelter Operations. The hospitality accommodation may continue to be used
for the housing of the homeless pursuant to the state’s program and managed by a Service
Provider, subject to compliance with the following and the other conditions imposed on
this hospitality accommodations license:
a. The homeless shelter use must cease within 90 days of the end of the Governor’s
declaration of a peacetime emergency related to the COVID-19 pandemic. The
Applicant is encouraged to work with the Service Provider to develop a transition
plan to properly place those residing at the Hotel once the emergency declaration
ends;
b. No more than 50 lodging units (guest rooms) in the hospitality accommodation
may be used as part of the homeless shelter use; and
c. The Applicant shall not allow the expansion of the homeless shelter use, including
any related on-site services, beyond the level existing as of the date of this license
renewal, without first obtaining all zoning approvals required to allow the
expanded use.
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2. Regular Inspections. The Applicant shall allow City’s inspectors to inspect the
hospitality accommodation, including the lodging units, and the hospitality
accommodation property at least every other week, but more often if the City determines
more frequent inspections are needed for the safety of the guests. This condition does not
limit the City’s authority to conduct property safety inspections and such other
inspections without prior consent as provided for under Sections 23-2400 through 23-
2415 of the City Code.
3. Regular Meetings. The Applicant shall designate at least one staff member to meet with
City staff at the hospitality accommodation at least once every two weeks to discuss
health, public safety, and any other City concerns related to the operation of the
hospitality accommodation, including the homeless shelter use. A representative of the
Service Provider shall also be required to attend these meetings. The City may require
more frequent meetings if it deems necessary.
4. Register Vehicles and Tow. The Applicant shall require those parking on the hospitality
accommodation property to register their vehicles with the hospitality accommodation.
The Applicant shall enter into a contract with a towing company to conduct a sweep at
least once every day to tow unregistered vehicles from the hospitality accommodation
property. The Applicant shall post such signs of the requirement to register vehicles and
related towing information as it determines is appropriate.
5. Service Provider. The Applicant shall immediately notify the City if there is a change in
Service Provider related to the homeless shelter use. The notice shall include the name
and contact information for the new Service Provider.
6. Notice of Discharge. The Applicant shall notify the City if it takes action to discharge
anyone staying at the hospitality accommodation as part of the homeless shelter use.
7. License Level. Because the homeless shelter use is a recent and temporary use of the
hospitality accommodation, this license is being renewed as a Level I hospitality
accommodation license. However, the calls for service occurring during the 2020
calendar year may be considered when reviewing and acting on the renewal license in
April 2021.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
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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.
8f. CONSIDERATION OF HOSPITALITY ACCOMMODATION LICENSE
RENEWAL REQUEST FOR RADISSON BROOKLYN CENTER
Deputy City Manager Dr. Reggie Edwards reviewed a request for renewal of a hospitality
accommodations license for Radisson Brooklyn Center, the applicant. He added a letter was sent
January 31, 2020, regarding the accommodations license which must be renewed, or it would
expire by April 2020. He noted the hotel was notified by City Staff numerous times that their
establishment has been operating without a license since January 31. 2020; additionally, the hotel
owners did not pay lodging tax or utilities.
Dr. Edwards stated the hotel is currently being used as a homeless shelter, which is inconsistent
with the City’s zoning regulations. He added there has been an increase in police calls by 760%
between June-August 2020 compared to the same time period in 2019. He noted the hotel owner
was notified of tonight’s public hearing, and City Staff received a license application from the
owner.
Dr. Edwards requested City Council consideration of two options related to this application, and
an indication of Consensus so City Staff can prepare a Resolution for City Council review and
approval: non-renewal of the license, or renewal with conditions. He added the hotel owner has
made payments on utilities as well as taxes. He noted the outstanding issue is the use of the hotel
as a homeless shelter and the increase in police calls.
Dr. Edwards stated City Staff recommends that the following conditions be considered for addition
to a potential license renewal: no more than 35 lodging units will be made available and guests
will be limited to stays of no longer than 60 days; and City Staff will be allowed to conduct regular
inspections on a bi-weekly basis, with additional inspections as needed; representatives of the hotel
and third-party service provider will attend regular update meetings with City Staff; the hotel
owner will contract with a towing company to remove unregistered vehicles, engage parking lot
cleaners and install related signage in the parking lot; require that the hotel; ensure that the service
provider or their representative is available for contact by City Staff; always in communication
with City Staff; and the license will be started at a Level 1, applying police calls from 2020 to the
level of license that is determined for 2021.
City Attorney Troy Gilchrist stated this issue is brought to City Council due to noncompliance
under unique circumstances due to the emergency situation. He added, as City Staff indicated, the
hotel’s current permitted use is a limited state hotel, with traditional, short-term guests, and it is
not set up as a long-term dwelling facility, which raises issues from a zoning perspective. He
noted, during the pandemic crisis, this City Council has expressed a willingness in the past to grant
regulatory flexibility, which would be required in this case. He stressed that the City Council will
not be violating the Zoning Ordinance by allowing this use to continue, but rather granting
regulatory flexibility for a limited period of time.
Mayor Elliott asked what other remedies have been pursued by City Staff with regard to this issue.
Mr. Boganey stated there are no other remedies available to City Staff when a license holder has
violated the licensing Ordinance other than a decision from the City Council regarding whether or
not there should be action taken on the license, including nonrenewal, suspension or renewal with
conditions.
Mayor Elliott asked whether the City Council can consider these licenses on a case-by-case basis.
He expressed concern about using data from police calls to determine licenses. He stated it has
been well-documented that Ordinances that determine licensing based on police calls are
problematic and can lead to lawsuits. He urged the City Council to find another solution that does
not rely unnecessarily on police calls. He added we all know the people who get the police called
on them more frequently. He requested that the City Attorney and City Staff do more research to
see if there are creative ways to address this important issue. He noted he will not support this
approach.
Mayor Elliott stated Mayor Pro Tem Butler is still running the meeting.
Councilmember Ryan asked Mayor Elliott whether his objection is related to alleged police
enforcement of certain Zoning Ordinances. He added City Staff can provide information about
how they are implemented. He asked whether Mayor Elliott feels that enforcement actions are
racially prejudiced, based on his comments. He noted City Staff has been tasked with identifying
policies that may be considered racist, while continuing to attempt to be anti-racist. He requested
clarification from Mayor Elliott.
Mayor Elliott stated he is unsure which aspect of his comment requires clarification.
Councilmember Ryan stated City Staff may want to mitigate homelessness and help people who
are homeless, while also acknowledging violations to City Ordinances that must be enforced. He
added he believes the way forward is to offer Option 2 and accept the renewal of the license with
conditions. He stressed the importance of understanding that the hotel is suffering from the current
extraordinary financial decline related to the pandemic. He noted the City Council should not
impose greater hardship to a business that has been unfairly impacted by the pandemic.
Councilmember Ryan stated he supports moving forward with Option 2, and seeing what
conditions are recommended by City Staff.
Mayor Elliott stated he is open to that approach. He added he implored that City Staff would think
about the historical lens of police action being applied, and we all know who it affects the most,
especially in the case of housing. He noted there has been an increase in data and lawsuits that
prove that using police enforcement and actions to determine licensure disproportionately affects
minorities and people of color. He added he is open to the recommendations of City Staff.
Councilmember Graves stated she has a few questions, but Mr. Gilchrist has been indicating that
he would like to speak. Mayor Pro Tem Butler asked Mr. Gilchrist to proceed with his comments.
Mr. Gilchrist stated the issue before the City Council relates to noncompliance with Zoning Code
for operating without a license; failure to pay lodging tax; failure to pay utility bills; and
noncompliance with local zoning. He added police calls do affect the licensing level, but that issue
would be addressed for this property in 2021. He noted the license, if renewed, would be a Level
1, so the only issue to be addressed are the violations, not based on police calls.
Councilmember Graves asked whether the delinquent payments have been made by the hotel. Mr.
Boganey stated it is his understanding that the applicant paid lodging and utilities taxes, and has
applied for a license. He added the only continuing violation would be compliance with Zoning
regulations.
Councilmember Graves requested clarification regarding the nature of police calls to the hotel, and
percentages per calls.
Mr. Boganey stated several Police staff have joined the meeting who may be able to answer those
questions in more detail. He added it is his understanding that there have been a variety of
activities that have occurred on the property, some of which would be considered serious or violent
crimes.
Police Commander Rick Gabler stated there has been an increase in a wide variety of calls for
service to the Radisson Hotel, including violent crimes. He added the calls were related to
robberies, assaults, domestic assault, drug overdose, auto thefts, trespassing, and burglary at
neighboring hotels.
Councilmember Graves asked whether the calls come from a range of people, or mostly people
who are staying at the hotel. Commander Gabler stated there have been a wide variety of calls
from the hotel owners, hotel guests, and neighboring businesses.
Councilmember Graves stated her recollection is that the Radisson was in partnership with
Hennepin County in deciding to provide a place to live for homeless people.
Mr. Boganey stated the City’s initial understanding was the hotel was working in partnership with
the County, but later it became known to City Staff that it was a contract with the State of
Minnesota.
Councilmember Graves asked whether the property owner’s current contract includes the State of
Minnesota. Mr. Boganey confirmed this. He added a third-party provider administers the contract,
and there has been a recent change in the provider.
Councilmember Graves asked whether the number of people staying at the hotel has increased or
decreased since it has been used as a homeless shelter.
Mr. Boganey stated he would defer to the applicant who will be able to answer those questions
during the public hearing.
Mayor Pro Tem Butler asked what will happen to the people who are living there if the license is
not renewed.
Mr. Gilchrist stated the hotel would not be allowed to operate under City Code until they obtain a
new license, for which there is a process.
Mayor Elliott asked whether there is an opportunity to work with the State of Minnesota to address
security concerns in this situation.
Mr. Boganey stated City Staff have met with the third-party provider and hotel representatives
over the past several months, with some representation by the State of Minnesota. He added
conditions at the property have improved greatly over the past 4-6 weeks which is a positive result
of the collective effort of all involved parties.
Mr. Boganey stated, as a point of clarification, City Staff’s recommendation is that the activity
would cease within 60 days of the end of the Governor’s Emergency Peacetime Declaration. He
added the hotel would then return to hotel use as allowed under the City’s Zoning Ordinance.
Mayor Elliott asked what would happen to the people that are being housed there, when the hotel
returns to its original use. He added the end of the Emergency Declaration will not be the same
for everyone. He noted that well-intended condition has the impact of throwing people out who
otherwise need housing.
Mayor Elliott stated the City can work with the hotel to develop a plan that will provide housing
for people, so they do not end up back on the streets.
Mr. Boganey stated City Staff have been working with the provider for several weeks, to encourage
them to transition individuals into more permanent housing. He added they have had some success
with those efforts. He noted the number of people has reduced, although some people were asked
to leave due to violations.
Mayor Elliott stated there is a need for this type of housing, and the third-party provider could
request that more people are housed there. He added there is definitely a need for housing for the
homeless.
Mr. Gilchrist stated the City Council can give direction to change the conditions, but the current
use is not consistent with the PUD for this property nor local Zoning requirements. He added the
owner would be required to go through the normal Zoning process if the property continues with
this use which is not in compliance with the current PUD and current Zoning.
Mayor Elliott asked whether the number of units would be limited to 35 lodging units. He asked
whether there were up to 100 individuals living there at one point.
Mr. Boganey stated he believes that there may have been 100 people, with one person in each unit.
Councilmember Graves requested that the City Council open the public hearing and move this
issue forward. She added some of the Mayor’s questions may be answered by the applicant.
Mayor Elliott stated he has legitimate questions for the City Manager and the City Attorney. He
added he understands Councilmember Graves wants to get off the call because it is getting late,
but this is a very important issue.
Councilmember Graves stated she has questions for the applicant. She added she is not trying to
rush off the call, but rather keep the meeting moving along.
Mayor Elliott stated he wants Councilmember Graves to have her needs met, but he has questions
for the City Manager and the City Attorney, and he feels that Councilmember Graves is rushing
him along. He added he tries to make sure that everyone has ample opportunity to ask questions,
at length and in depth, including Councilmember Graves. He noted he does not want to feel when
he is asking questions that she is rushing him along.
Councilmember Graves apologized, stating that was not her intent. She added she is also thinking
about the applicant, who is waiting to have their chance to speak at the public hearing, which
should be opened, whenever the Mayor is ready.
Mayor Elliott stated he is trying to get an understanding of the number of units, and how many
there are now, and the current trend for occupancy. He added he is fine with opening the public
hearing. He noted Mayor Pro Tem Butler is still running the meeting.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the
Public Hearing.
Motion passed unanimously.
Nathan Patel, owner of Radisson Brooklyn Center, stated he did not know there was a license
renewal process. He apologized for this oversight. He added the City’s utility bills were being
sent to the management company, and not to the hotel. He noted the utility bill was paid
immediately upon receipt by the hotel owners.
Mr. Patel stated he does not appreciate the statements regarding the hotel’s guests’ homelessness
status. He added guests are not asked if they are homeless. He added the hotel is under contract
with the State of Minnesota to facilitate a variety of emergency Covid-related operations.
Mr. Patel stated the State of Minnesota places people in the hotel for specific reasons, and security
issues have been fixed. He added it will be difficult to run this program if there is a limit of 35
people who are allowed to stay there, and he is required to request permission from the City
Council for additional guests.
Mr. Patel stated, with regard to cars in the parking lot, car registration information is recorded, and
a towing company has been retained. He added health and fire inspections have been completed.
The General Manager of the Radisson Brooklyn Center stated all the outstanding items have been
taken care of. He noted City, Police and Fire inspections have been scheduled and completed.
Councilmember Graves apologized for referring to the hotel guests as homeless people. She added
it was not her intention to be insensitive to the reasons why people are temporarily displaced and
staying at the hotel. She added all people are deserving of empathy and understanding.
Councilmember Graves asked how many people are currently staying at the hotel, and whether
that number has increased or decreased. She asked what the average length of stay is.
Mr. Patel stated approximately 35-40 guest rooms are currently occupied by individuals and
families. He added numbers were higher at the beginning of Covid-19 outbreak. He noted there
are no permanent guests.
The hotel’s General Manager confirmed there are currently 35 occupied rooms, and stays range
from 1 week to 2 months, depending upon the guest’s circumstances and housing needs. He added
the third-party provider, Second Chance, is a new provider, and their staff work very hard to ensure
that clients are housed expeditiously. He noted there are 4-6 staff on site during the day, and 2
staff at night, to assist clients.
Mayor Elliott asked whether the hotel would be able to enforce restrictions if there are only 35
rooms made available. Mr. Patel stated requests for emergency housing comes from the State of
Minnesota through the provider. He added he is unsure how to enforce a cap on the number of
available rooms. He noted policies and procedures have been put in place, and additions have
been made to the hotel, including laundry and food services on every floor.
Mayor Elliott stated there would be enforcement issues if no more than 35 guest rooms are made
available. He added as long as there is proper management at the facility, it will be possible for
the operator and the provider to increase safety and address other issues. He noted limits on the
maximum number of units is the wrong focus, in his view.
Councilmember Ryan stated this is an important discussion, and the focus is that this hotel is not
structured to be a homeless shelter. He added the hotel’s business declined, and they have stepped
up to fill a need during these extraordinary times. He noted this issue should be moved forward
out of public hearing. He expressed his support for Option 2 – approval with conditions.
Councilmember Ryan stated the hotel has made a good faith effort to address these issues. He
added, while compliance with City Ordinances is necessary, it is important to not penalize a good
faith effort on the part of the hotel.
Councilmember Graves asked whether the hotel anticipates being able to make more or less
revenue this year than in a normal year, in terms of their partnership with the State.
Mr. Patel stated the current arrangement is allowing the hotel to stay afloat, keep people employed,
and assist the Minnesota Health Department respond to emergency housing needs due to the
pandemic.
Councilmember Graves asked what the hotel’s maximum capacity is. Mr. Patel stated there are
134 rooms, but the maximum that have been filled at one time for emergency housing is 67 rooms
with 82 clients, including families.
Councilmember Graves stated the hotel’s capacity would be a concern, with respect to Covid-
related safety precautions.
Mr. Patel stated the Radisson is not classified as a Covid-19 hotel, and there would not be any
clients who are Covid-positive. He added there are other local hotels that are classified for housing
Covid patients.
Mayor Elliott stated, with regard to regular inspections, the hotel would be required to allow City
Staff to inspect the accommodations as needed for the safety of the guests. He added the other
option is regular meetings involving City Staff and representatives of the hotel to discuss public
safety and other concerns related to the operation. He noted the third-party provider would be
required to attend these meetings.
Mr. Patel stated the hotel management has no problem with regular inspections, as long as they
have notice.
Mayor Elliott asked the City Attorney whether there would be privacy issues, if inspectors would
be required to inspect the hotel rooms. Mr. Gilchrist stated he has not reviewed this issue with
City Staff. He added licensing ensures compliance with safety features, so this would be the same
process as rental licensing which is regulated through the licensing Ordinance.
Councilmember Graves moved and Councilmember Elliott seconded to close the Public Hearing.
Motion passed unanimously.
Mayor Pro Tem Butler requested that the City Council arrive at a consensus on this issue. She
added she heard from three Councilmembers that there is support for the second option.
Councilmember Lawrence-Anderson concurred, stating that is the most prudent and humanitarian
course of action due to the pandemic. She added the zoning issue can be reviewed and any other
issues related to the Emergency Declaration and allow the hotel to continue to provide shelter for
those in need of it.
Councilmember Ryan concurred.
Councilmember Graves stated she is also in agreement, but she suggested an increase in the
number of rooms to 50 rooms, and put increase the time limit to 90 days after the end of the
Governor’s Declaration, instead of 60 days.
Councilmember Lawrence-Anderson concurred.
Mayor Elliott stated it was his understanding that the consensus was to select option 2 but not
impose any other recommendations, including a limit on the number of rooms. He added that is
what he supports. He added limiting the number of rooms does not provide enough flexibility for
emergency situations, and he does not support a limited number of rooms. He noted the Minnesota
Department of Health is involved, and inspectors can ensure that health and public safety issues
are addressed.
Councilmember Graves stated she agrees it would be better not to have a specific number of rooms,
but rather have City Staff work with the owner and partners at the State level to figure out the
details. She added the number of rooms seems arbitrary. She added she agrees there should be
more rooms made available, but she is thinking of City Staff and the third-party provider and their
capacity to serve the individuals and families that would be housed there, keeping it to a
manageable level but leaving room for growth.
Mayor Elliott stated he agrees that the issue of capacity is important, but a limit on the number of
rooms would prevent the State and third-party provider from being able to house people. He added
it would be unacceptable if there was a limit on the number of rooms, and people would not have
a place to go.
Councilmember Graves stated Mayor Elliott misunderstands her concerns. She added the third-
party provider, Second Chance, is a new partnership and has only been doing this job for 1 week,
with limited staff, which will have an impact on how many people can be housed. She noted the
highest room occupancy they have had was 67 rooms, and she suggested 50 which is not the
highest number but could still be within the capacity of the new third party provider to give support
and assistance.
Mayor Elliott stated he is concerned about the second wave of the pandemic, and what will happen
in the fall. He added putting a limit on the number of days or the number people will have a
negative impact as the hotel would have to come back for approval if an extension is required. He
noted, if the City Council is amenable, the number of available units should be increased, and have
health and safety inspections in place to address these issues.
Mayor Pro Tem Butler asked input from the City Manager, and then requested a vote as a City
Council regarding a consensus on adoption. She requested clarification on what the second option
would be.
Mr. Boganey stated City Staff feels, based on recent experiences at the hotel as well as staff
capacity, it would be difficult to provide effective solutions and follow-up inspections without
limitations, that will be more likely to result in success for all parties and ensure a safe environment
for people living at the hotel. He added increased capacity at the hotel will stretch the City’s ability
to provide support and increases potentially negative outcomes. He noted it will be more difficult
to assure positive outcomes related to health and safety on the property.
Mr. Boganey stated he agrees with Councilmember Graves’ comment about the new third party
provider, Second Chance, who may not have the experience or capacity yet to serve residents
appropriately, and the previous provider was operating beyond their capacity. He added some
limitations are essential because neither the hotel, the third-party provider or the City have
sufficient staff to provide unlimited necessary services.
Mr. Boganey stated, if there is a need for more units, the State has contracts across the State and
across the region, and presumably they would find another location that would not be
overburdened.
Councilmember Ryan stated he would like to move forward to a decision, and City Staff’s
recommendation should be respected. He added the fundamental point is that the City of Brooklyn
Center, even with collaboration from the County and State, may not be able to solve this problem
locally. He noted the hotel is not designed to be used as a homeless shelter, but has made a good
faith effort, partly generated by the pandemic, to address the problem of homelessness in the
community. He stressed the importance of relying on City Staff’s guidance.
Mayor Elliott thanked Mayor Pro Tem Butler for running the meeting in his absence, and he is
back now.
Mayor Elliott asked Councilmember Graves for her opinion on how to enforce limitations on the
number of rooms that would be made available.
Councilmember Graves stated she is unsure of the contract specifics, but the business owner
indicated there is an agreement in place with the State of Minnesota, and the owner can potentially
add limitations.
Councilmember Graves stated she stands by her suggestion of a limit of 50 people, as that provides
room for those in need and support for the business itself. She added she supports a 90-day limit
on stays, as 3 months is a length of time that is adequate to ensure that people move on and find
new housing. She noted Councilmember Lawrence-Anderson agreed with her, and she would like
to hear Councilmember Butler’s opinion. She complimented Councilmember Butler for doing an
excellent job running the meeting.
Mr. Boganey stated, from a staff perspective, 50 people is a little higher than what would be
preferred but it is a reasonable and manageable limitation.
Councilmember Butler stated she respects the insight and opinion of Councilmember Graves on
this issue, in light of her professional experience. She added she is amenable to 50 people and 90
days. She noted the City Council needs to be respectful of City Staff’s comments regarding their
capacity for support. She reiterated her support for Councilmember Grave’s suggestions.
Councilmember Lawrence-Anderson stated she still supports Councilmember Grave’s suggestion
which is also has support from City Staff.
Mayor Elliott stated he does not support the consensus. He added the City can assign more
resources to this issue, from federal funding to respond to issues directly arising from the
pandemic. He noted there should not be a cap on the number of people, as the City should be able
to provide housing if people need it.
It was the majority consensus of the City Council to support the renewal of Radisson Brooklyn
Center’s license and amend the conditions to include the following: a maximum of 50 rooms will
be made available for stays of no longer than 90 days.
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :D or an C ote, D irector of P ublic Wor ks
BY:M ike A lbers , C ity Engineer
S U B J E C T:Res olu+on A uthorizing A cquis i+on of Eas ements for Brook lyn B oulev ard Corridor P roj ect
P has e 2 I mprovements , P r oject No. 2 0 2 1 -0 5
B ackground:
O n M arch 25, 2019, the City C ouncil dir ected s taff to proceed w ith the preliminary design, environmental
documenta+on, eas ement acquis i+on and final des ign wor k for the Br ookly n Boulev ard C orridor P roj ect
P has e 2 I mprovements (Bas s L ake Road to I nterstate 94), P roj ect No. 2021-05. This project is scheduled to
be constructed in 2 0 2 1 .
T he pr opos ed reconstruc+on and s treetscape improvements w ill impr ove roadw ay s afety, enhance traffic
opera+ons , reduce acces s points and pr ovide improv ed bicycle and pedes trian facili+es for a one-mile
s egment of the corridor in Brookly n C enter between Bas s L ake Road (C ounty Road 10) and I nters tate 9 4 .
T he project w ill enhance bicycle and pedes trian tr av el by adding a trail, impr oving s idew alks , trans it s tops ,
adding s treets caping and lands caping and impr oving the func+onality of inters ec+ons with modified turn
lanes and acces s control throughout the cor ridor.
I n order to cons truct the impr ovements , per manent drainage, u+lity, sidew alk and tr ail eas ements and/or
temporary cons tr uc+on easements are required from 47 s epar ate par cels adjacent to the corridor. Par cel
numbers are iden+fied on the right-of-w ay plan prepared for the proj ect. The C ity 's consul+ng engineer,
S R F Consul+ng G roup, I nc., has been diligently w ork ing w ith the affected property owner s to reach
agreements to voluntarily convey the easements . A cquis i+on A gr eements have been reached for the
follow ing par cels which r equire C ity C ouncil approv al:
Parcel N o. 4; 6 0 0 1 B rooklyn Boulevard (P I N 0 3 -1 1 8 -2 1 -12-0020): This parcel is ow ned by the C ity ’s
Economic D evelopment A uthority and r equir es acquis i+on of the en+re parcel w ith total
compens a+on being offered in the amount of $6 6 ,646.
Parcel N o. 5; 6 0 0 7 B rooklyn Boulevard (P I N 0 3 -1 1 8 -2 1 -12-0019): This parcel is ow ned by the C ity ’s
Economic D ev elopment A uthor ity and requires both permanent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $43,130.
Parcel N o. 8; 6 0 2 5 B rooklyn Boulevard (P I N 0 3 -1 1 8 -2 1 -12-0016): This parcel is ow ned by the C ity ’s
Economic D ev elopment A uthor ity and requires both permanent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $0.
Parcel N o. 9; 6 0 3 1 B rooklyn Boulevard (P I N 0 3 -1 1 8 -2 1 -12-0015): This parcel is ow ned by the C ity ’s
Economic D ev elopment A uthor ity and requires both permanent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $0.
Parcel No. 10; 6037 Brooklyn Boulevard (P I N 0 3 -1 18-21-12-0098): This parcel is owned by the
C ity ’s Economic D evelopment A uthority and requir es both per manent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $0.
Parcel No. 11; 6045 Brooklyn Boulevard (P I N 0 3 -1 18-21-12-0087): This parcel is owned by the
C ity ’s Economic D evelopment A uthority and requir es both per manent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $0.
Parcel No. 12; 6101 Brooklyn Boulevard (P I N 3 4 -1 19-21-43-0050): This parcel is owned by the
C ity ’s Economic D evelopment A uthority and requir es both per manent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $0.
Parcel No. 13; 6107 Brooklyn Boulevard (P I N 3 4 -1 19-21-43-0049): This parcel is owned by the
C ity ’s Economic D evelopment A uthority and requir es both per manent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $0.
Parcel No. 18; 6301 Brooklyn Boulevard (P I N 3 4 -1 19-21-42-0007): This parcel is owned by the
C ity ’s Economic D evelopment A uthority and r equir es acquis i+on of the en+re parcel w ith total
compens a+on being offered in the amount of $2 0 ,000.
Parcel No. 2 5 ; 6437 Br ookly n Boulevard (P I N 34-119-21 -3 1 -0 1 1 1 ): This parcel r equir es both
permanent eas ements and temporary cons truc+on easements w ith total compens a+on being
offered in the amount of $34,000.
Parcel No. 4 1 ; 6206 Br ookly n Boulevard (P I N 34-119-21 -4 3 -0 0 3 1 ): This parcel r equir es both
permanent eas ements and temporary cons truc+on easements w ith total compens a+on being
offered in the amount of $7,500.
Parcel No. 42; 6234 Brooklyn Boulevard (P I N 3 4 -1 19-21-43-0001): This parcel is owned by the
C ity ’s Economic D evelopment A uthority and requir es both per manent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $0.
Parcel No. 43; 6250 Brooklyn Boulevard (P I N 34-119 -2 1 -4 3 -0 0 6 6 ): This parcel is ow ned by the C ity
of Brook lyn C enter and requires both per manent eas ements and temporary cons truc+on
easements with total compens a+on being offer ed in the amount of $0.
Parcel No. 54; 5836 Brooklyn Boulevard (P I N 0 3 -1 18-21-13-0041): This parcel is owned by the
C ity ’s Economic D evelopment A uthority and requir es both per manent eas ements and tempor ar y
construc+on eas ements with total compens a+on being offered in the amount of $0.
To date, including the abov e 14 parcels , we have acquis i+on agreements w ith 1 4 of the 47 parcels .
B udget I ssues:
T he B rook lyn Boulev ar d C orridor P roj ect P has e 2 I mpr ovement (Bas s L ake Road to I nterstate 94) is
iden+fied in the C ity ’s 2 0 2 1 C apital I mpr ovement P r ogram and the total pr oject cos t is es +mated to be
$18,095,000. The total apprais ed v alue for all easements on the project ar e es +mated to be approximately
$824,676. The total value of the permanent eas ements and temporary cons truc+on eas ements for Par cels
4 , 5, 8, 9, 10, 1 1 , 12, 1 3 , 18, 2 5 , 41, 42, 43 and 54 is $171,2 76.
To date, including the above 14 parcels , the total value of the permanent eas ements and tempor ar y
cons truc+on eas ements for the project is $1 7 1 ,276.
S trate gic Priories and Values:
Key Transporta+on I nves tments
AT TA C H M E N TS :
D escrip+on Upload D ate Ty pe
Res olu+on 11/2/2020 Cov er Memo
Easement S tatus 11/2/2020 Cov er Memo
Easement - C ity Parcel S ketches 11/2/2020 Cov er Memo
Parcel 25 - M emo of A gr eement 11/2/2020 Cov er Memo
Parcel 41 - M emo of A gr eement 11/2/2020 Cov er Memo
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR
BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2
IMPROVEMENTS, PROJECT NO. 2021-05
WHEREAS, the City of Brooklyn Center and Hennepin County have planned the
improvement of Brooklyn Boulevard between Bass Lake Road (County Road 10) and Interstate
94 within the City of Brooklyn Center, Minnesota in 2021; and
WHEREAS, a memorandum of agreement has been prepared between the City of
Brooklyn Center and property owners for the acquisition of permanent drainage, utility, sidewalk
and trail easements and/or temporary construction easements; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 4; 6001 Brooklyn Boulevard (PIN 03-118-
21-12-0020) the sum of $66,646 for acquisition of the entire parcel; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 5; 6007 Brooklyn Boulevard (PIN 03-118-
21-12-0019) the sum of $43,130 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 8; 6025 Brooklyn Boulevard (PIN 03-118-
21-12-0016) the sum of $0 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 9; 6031 Brooklyn Boulevard (PIN 03-118-
21-12-0015) the sum of $0 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 10; 6037 Brooklyn Boulevard (PIN 03-118-
21-12-0098) the sum of $0 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 11; 6045 Brooklyn Boulevard (PIN 03-118-
21-12-0087) the sum of $0 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 12; 6101 Brooklyn Boulevard (PIN 34-119-
21-43-0050) the sum of $0 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
RESOLUTION NO. _______________
Brooklyn Center shall pay the owners of Parcel No. 13; 6107 Brooklyn Boulevard (PIN 34-119-
21-43-0049) the sum of $0 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 18; 6301 Brooklyn Boulevard (PIN 34-119-
21-42-0007) the sum of $20,000 for acquisition of the entire parcel; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 25; 6437 Brooklyn Boulevard (PIN 34-119-
21-31-0111) the sum of $34,000 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 41; 6206 Brooklyn Boulevard (PIN 34-119-
21-43-0031) the sum of $7,500 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 42; 6234 Brooklyn Boulevard (PIN 34-119-
21-43-0001) the sum of $0 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 43; 6250 Brooklyn Boulevard (PIN 34-119-
21-43-0066) the sum of $0 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 54; 5836 Brooklyn Boulevard (PIN 03-118-
21-13-0041) the sum of $0 for land and damages; and
WHEREAS, said memorandum of agreements have been signed by the property
owners and it is recommended for approval to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The City Manager is hereby authorized to execute the memorandum of
agreement for Parcels 4, 5, 8, 9, 10, 11, 12, 13, 18, 25, 41, 42, 43 and 54
for permanent easements and temporary construction easements that will
be conveyed to the City, in the name of the City of Brooklyn Center.
November 9, 2020
Date Mayor
RESOLUTION NO. _______________
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.
JOYCE LN
H A LIF A X DR
66TH AVE N
D
R
E
W
AV
E
N
C
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A
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N
EWING AVE N
G
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S
A
V
E
N
E
W
I
N
G
AV
E
N
F
R
A
N
C
E
A
V
E
N
47-3501
45-6350
26-6503
27-4020
43-6250
46-6390
16-6215
24-6415
50-6520
44-6300
48-6500
49-6510
53-3801
25-6437
18-6301
17-6245
52-6538
23-6357
22-6331
21-632520-631919-6315
51-6532
Brooklyn Boulevard Corridor Project Phase 2Easement Status Ü11/2/20
Legend
Easem ent Completed
Easem ent Pending
Eminent D omain - Signed Pending Mortgage Consent
Eminent D omain - Easement Negotiations On Going
No Easement Required
BASSLAKERD
BEARD AVE N
ADMIRAL LN N
N
O
R
T
H
P
O
R
T
D
R
COMMODORE DR
58 1/2 AVE N
59TH AVE N
EWING AVE N
D
R
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W
A
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E
N
EWING AVE N
A
D
MIRALLN N
61ST AVE N
C
H
O
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E
N
A
V
E
N
DREW AVE N
3-5929
14-6121
16-6215
43-6250
31-6000
45-6350
37-6120
28-5920
2-5901
15-6201
1-5831
30-5950
29-5930
36-611013-6107
10-6037
35-22
38-6136
44-6300
12-6101
42-6234
9-6031
34-6100
33-610132-6044
11-6045
39-6142
8-6025
17-6245
4-6001
5-6007
7-6019
6-6013
54-5836
18-6301
41-6206
40-6200
105
105
250 50
SCALE IN FEET
BROOKLYN BLVD
A
D
M
I
R
A
L
L
N
SUBJECT TO CHANGE
DRAFT
PARCEL #4
6001
H
:
\
P
r
o
j
e
c
t
s
\
1
1
0
0
0
\
1
1
7
6
5
\
D
e
s
i
g
n
\
G
r
a
p
h
i
c
s
\
R
i
g
h
t
o
f
W
a
y
\
C
i
t
y
O
w
n
e
d
P
a
r
c
e
l
s
\
1
1
7
6
5
_
g
r
0
4
.
d
g
n
7
/
1
5
/
2
0
2
0
2
:
2
4
:
2
8
P
M
PARCELDATE
7/15/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
4
03-11-821-12-0020 6001 BROOKLYN BOULEVARD
10870 010870
FEE [SQ.FT]
105
105
250 50
SCALE IN FEET
BROOKLYN BLVD
A
D
MI
R
A
L
L
N
SUBJECT TO CHANGE
DRAFT
PARCEL #5
6007
H
:
\
P
r
o
j
e
c
t
s
\
1
1
0
0
0
\
1
1
7
6
5
\
D
e
s
i
g
n
\
G
r
a
p
h
i
c
s
\
R
i
g
h
t
o
f
W
a
y
\
C
i
t
y
O
w
n
e
d
P
a
r
c
e
l
s
\
1
1
7
6
5
_
g
r
0
5
.
d
g
n
9
/
3
0
/
2
0
2
0
8
:
0
0
:
0
9
A
M
PARCELDATE
9/30/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
30'
15.4'
5
03-11-821-12-0019 6007 BROOKLYN BOULEVARD
10730
ROAD RW [SQ.FT]REMNANT [SQ.FT]
41556247
110
110
250 50
SCALE IN FEET
SUBJECT TO CHANGE
DRAFT
PARCEL #8
6025
H
:
\
P
r
o
j
e
c
t
s
\
1
1
0
0
0
\
1
1
7
6
5
\
D
e
s
i
g
n
\
G
r
a
p
h
i
c
s
\
R
i
g
h
t
o
f
W
a
y
\
C
i
t
y
O
w
n
e
d
P
a
r
c
e
l
s
\
1
1
7
6
5
_
g
r
0
8
.
d
g
n
7
/
1
1
/
2
0
2
0
1
:
2
6
:
3
5
P
M
PARCELDATE
7/11/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
BROOKLYN BLVD
13.8'
15.2'
8
03-11-821-12-0016 6025 BROOKLYN BOULEVARD
1117120511680
110
110
250 50
SCALE IN FEET
BROOKLYN BLVD
SUBJECT TO CHANGE
DRAFT
PARCEL #9
6031
H
:
\
P
r
o
j
e
c
t
s
\
1
1
0
0
0
\
1
1
7
6
5
\
D
e
s
i
g
n
\
G
r
a
p
h
i
c
s
\
R
i
g
h
t
o
f
W
a
y
\
C
i
t
y
O
w
n
e
d
P
a
r
c
e
l
s
\
1
1
7
6
5
_
g
r
0
9
.
d
g
n
7
/
1
1
/
2
0
2
0
1
:
2
6
:
3
9
P
M
PARCELDATE
7/11/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
11.8'
15.2'
9
03-11-821-12-0015 6031 BROOKLYN BOULEVARD
868111312150
250 50
SCALE IN FEET
BROOKLYN BLVD
SUBJECT TO CHANGE
DRAFT
PARCEL #10
6037
6
1
S
T
A
V
E
H
:
\
P
r
o
j
e
c
t
s
\
1
1
0
0
0
\
1
1
7
6
5
\
D
e
s
i
g
n
\
G
r
a
p
h
i
c
s
\
R
i
g
h
t
o
f
W
a
y
\
C
i
t
y
O
w
n
e
d
P
a
r
c
e
l
s
\
1
1
7
6
5
_
g
r
1
0
.
d
g
n
7
/
1
1
/
2
0
2
0
1
:
2
6
:
4
2
P
M
PARCELDATE
7/11/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
11.8'
15.2'
10
03-11-821-12-0098 6037 BROOKLYN BOULEVARD
1667213726250
250 50
SCALE IN FEET
BROOKLYN BLVD
SUBJECT TO CHANGE
DRAFT
PARCEL #11
6045
6
1
S
T
A
V
E
H
:
\
P
r
o
j
e
c
t
s
\
1
1
0
0
0
\
1
1
7
6
5
\
D
e
s
i
g
n
\
G
r
a
p
h
i
c
s
\
R
i
g
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t
o
f
W
a
y
\
C
i
t
y
O
w
n
e
d
P
a
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c
e
l
s
\
1
1
7
6
5
_
g
r
1
1
.
d
g
n
7
/
1
1
/
2
0
2
0
1
:
2
6
:
4
6
P
M
PARCELDATE
7/11/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
15.2'
29.3'
9.8'
11
03-11-821-12-0087 6045 BROOKLYN BOULEVARD
121972819320
115
115
250 50
SCALE IN FEET
BROOKLYN BLVD
SUBJECT TO CHANGE
DRAFT
PARCEL #12
6101
6
1
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PARCELDATE
7/11/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
8.8'15.2'
12
6101 BROOKLYN BOULEVARD
1035165820310
34-11-921-43-0050
115
115
250 50
SCALE IN FEET
BROOKLYN BLVD
SUBJECT TO CHANGE
DRAFT
PARCEL #13
6107
6
1
S
T
A
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E
28'
H
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PARCELDATE
7/11/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
15.2'8.8'
13
6107 BROOKLYN BOULEVARD
1734186628660
34-11-921-43-0049
130
130
250 50
SCALE IN FEET
BROOKLYN BLVD
SUBJECT TO CHANGE
DRAFT
PARCEL #18
6301
6
3
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P
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PARCELDATE
7/15/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
18
6301 BROOKLYN BOULEVARD
17370
34-11-921-42-0007
017370
FEE [SQ.FT]
SUBJECT TO CHANGE
DRAFT
H
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PARCELDATE
7/11/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
250 50
SCALE IN FEET
#42
PARCEL
BROOKLYN BLVD
6234
6
2
N
D
A
V
E
11.2'
12.8'
42
34-11-921-43-0001 6234 BROOKLYN BOULEVARD
1205104515730
125
125
SUBJECT TO CHANGE
DRAFT
H
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2
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:
2
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:
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P
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PARCELDATE
7/11/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
250 50
SCALE IN FEET
6250
PARCEL #43
BROOKLYN BLVD
11.2'
27.8'
22.2'
12.8'3
4
'
15'117'
98'
36'
(NO IMPACT)
BUSINESS SIGN
43
34-11-921-43-0066 6250 BROOKLYN BOULEVARD
715293970 6530
100
100
H
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PARCELDATE
7/20/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
5836
#54
PARCEL
20.3'
03-118-21-13-0041 5836 BROOKLYN BOULEVARD
12250 0
54
1516
250 50
SCALE IN FEET
SUBJECT TO CHANGE
DRAFT
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
Parcel No: 25
Fee Owners: HSRE-MN Brookpark, LLC
day ofOn this 2nd November, 2020, HSRE-MN Brookpark, LLC, a Delaware
limited liability company under the laws of the State of Delaware Owners of the above described
parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a
conveyance to the aforesaid real estate to the City of Brooklyn Center.
This agreement is now made and entered as a Memorandum of all the terms, and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the parties that:
1.The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate. The Owners
understand that the acquired property is for use in connection with the construction of the
Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project.
2.The Owners understand and acknowledge that SRF’s representatives have no direct, indirect,
present or contemplated future personal interest in the property or in any benefits from the
acquisition of the property.
3.That in full compensation for the conveyance of said property, the City of Brooklyn Center
shall pay the Owners the sum of $ 34,000.00 for land and damages. Owners
understand that payment by the City of Brooklyn Center must await approval of title and
processing of a voucher.
4.Additionally:
This is subject to the City Attorney’s approval of requested revisions to the easements.
It is understood and agreed that the entire agreement of the parties is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
parties.
Owner(s) City of Brooklyn Center
HSRE-MN Brookpark, LLC
By: By:
Its: Its: Authorized Signatory
140
140
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P
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PARCELDATE
7/9/2020
PID ADDRESS
CITY OF BROOKLYN CENTER
SP 109-020-014
BROOKLYN BOULEVARD - PHASE 2
2021-05
TE [SQ.FT]D&U, S/T EASE [SQ.FT]
AREA [SQ.FT]
PARCEL
EXISTING
TREE W/IN TEMP EASE
TREE REMOVAL
CONST LIMITS
PROPOSED D&U
TEMP EASE
EXISTING PE
EXISTING R/W
PARCEL LINE
250 50
SCALE IN FEET
6437
PARCEL #25
BROOKLYN BLVD
3.2'6.8'
10'
BUSINESS SIGN (NO IMPACT)
SUBJECT TO CHANGE
DRAFT
5.2'
25
6437 BROOKLYN BOULEVARD34-11-921-31-0111
182950200 1781
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :D or an C ote, D irector of P ublic Wor ks
BY:M ike A lbers , C ity Engineer
S U B J E C T:Res olu+on A uthorizing A cquis i+on by Eminent D omain and A pprov al of A ppraised Values
of Eas ements for Brooklyn B oulev ar d Corridor P roject P has e 2 I mprov ements, P roject
No. 2 0 2 1 -0 5
B ackground:
O n M arch 25, 2019, the City C ouncil dir ected s taff to proceed w ith the preliminary design, environmental
documenta+on, eas ement acquis i+on and final des ign wor k for the Br ookly n Boulev ard C orridor P roj ect
P has e 2 I mprovements (Bas s L ake Road to I nterstate 94), P roj ect No. 2021-05. This project is scheduled to
be constructed in 2 0 2 1 .
T he proposed reconstruc+on and s treetscape improvements w ill improv e roadw ay and inters ec+on s afety,
enhance traffic opera+ons , r educe acces s points and provide improv ed bicycle and pedes trian facili+es for a
one-mile s egment of the corridor in Brooklyn C enter betw een Bass L ake Road (C ounty Road 10) and
I nterstate 94. The proj ect w ill enhance bicycle and pedes tr ian travel by adding a trail, improv ing s idew alk s ,
trans it s tops , adding s tr eets caping and lands caping and improv ing the func+onality of inters ec+ons w ith
modified turn lanes and access control throughout the corridor.
I n order to cons truct the impr ovements , per manent drainage, u+lity, sidew alk and tr ail eas ements and/or
temporary cons truc+on easements are required fr om 4 7 separate par cels adj acent to the corridor. T he
City's cons ultant has s taked the eas ement limits and prepared apprais als for the easement acquisi+on. T he
City ’s consultant pr es ented the property ow ners with an offer leEer and a copy of the apprais al and allow ed
the ow ner +me to either accept or r ej ect the offer. The City ’s cons ultant has been diligently working w ith
the property ow ner s to reach agreements to v oluntarily conv ey the eas ements . 12 of the 47 parcels ar e
ow ned by the City of B rook lyn C enter or C ity ’s Economic D ev elopment A uthority. To date, w e have reached
eas ement acquis i+on agreements with 14 of the 47 parcels .
More than 3 0 days has elaps ed s ince the ini+al offer s w ere made and for s ome parcels the easement
acquisi+on could not be nego+ated and for s ome the mortgage cons ent has not been pr ovided, therefore,
eminent domain mus t be used to obtain the eas ements . T here are a total of 32 proper+es that are being
recommended for the eminent domain proces s . 7 of the proper+es have s igned the eas ements documents
but the mortgage consent has not been provided and eas ements on the remaining 2 5 proper+es could not
be nego+ated.
B udget I ssues:
T he B rook lyn Boulev ar d C orridor P roj ect P has e 2 I mpr ovement (Bas s L ake Road to I nterstate 94) is
iden+fied in the C ity ’s 2 0 2 1 C apital I mpr ovement P r ogram and the total pr oject cos t is es +mated to be
$18,095,000. The total apprais ed v alue for all easements on the project ar e es +mated to be approximately
$824,676 of w hich the 32 proper+es that are being r ecommended for the eminent domain proces s account
for approximately $6 5 3 ,400.
S trate gic Priories and Values:
Key Transporta+on I nves tments
AT TA C H M E N TS :
D escrip+on Upload D ate Ty pe
Res olu+on 11/2/2020 Cov er Memo
Easement S tatus 11/2/2020 Cov er Memo
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.____________
RESOLUTION AUTHORIZING ACQUISITION BY EMINENT DOMAIN AND
APPROVAL OF APPRAISED VALUES OF EASEMENTS FOR BROOKLYN BOULEVARD
CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO. 2021-05
WHEREAS, the City Council has authorized the project titled Brooklyn
Boulevard Corridor Project Phase 2 Improvements (the “Project”); and
WHEREAS, the Project area includes a 1.0-mile segment of Brooklyn Boulevard
(County Road 152) between Bass Lake Road (County Road 10) and Interstate 94; and
WHEREAS, the Project scope includes reconstruction and streetscape
improvements that will improve roadway and intersection safety, enhance traffic operations,
reduce access points and provide improved bicycle and pedestrian facilities. The project will
enhance bicycle and pedestrian travel by adding a trail, improving sidewalks and transit stops,
adding streetscaping and landscaping and improving the functionality of intersections with
modified turn lanes and access control throughout the corridor; and
WHEREAS, the Project is scheduled to be constructed in 2021; and
WHEREAS, the City Council finds that it is necessary to acquire certain
permanent easements and temporary construction easements (collectively, the “Easements”),
legally described in Exhibit A attached hereto, in order to install and maintain the Project; and
WHEREAS, the City has engaged a qualified independent consultant to provide
an opinion of damages caused by the Easement acquisitions from each impacted property; and
WHEREAS, the City has made offers of compensation to the landowners for the
Easements consistent with the independent opinions of damages; and
WHEREAS, the City’s consultant has been diligently working with the
landowners of the impacted properties to reach agreements to voluntarily convey the Easements;
and
WHEREAS, despite these efforts, conveyance documents for the Easements from
owners and/or lenders of the following parcels are still needed to ensure the City’s ability to
construct the Project:
• Parcel 1 (5831Brooklyn Blvd) - WSK Professional Bldg., LLC
• Parcel 2 (5901 Brooklyn Blvd) - 5901 Brooklyn Blvd LLC
• Parcel 3 (5929 Brooklyn Blvd) - Cross of Glory Lutheran Church of Brooklyn Center
• Parcel 6 (6013 Brooklyn Blvd) - Rosa F. Chiqui Lema, Mario German Chiqui
• Parcel 7 (6019 Brooklyn Blvd) - Salem, Inc.
• Parcel 14 (6121 Brooklyn Blvd) - The Sanctuary at Brooklyn Center, LP c/o SCA
Properties LLC
• Parcel 15 (6201 Brooklyn Blvd) - Huey Sam Fung, Nhi Hue Fung
• Parcel 16 (6215 Brooklyn Blvd) - Maple Grove Holdings LLC
• Parcel 19 (6315 Brooklyn Blvd) - Raymond He
• Parcel 20 (6319 Brooklyn Blvd) - Marisol Solis, Rufugio DelCarmen Martinez
• Parcel 21 (6325 Brooklyn Blvd) - Blanca G. Velez
• Parcel 22 (6331 Brooklyn Blvd) - Sanh Nguyen, Vivian Truong
• Parcel 23 (6357 Brooklyn Blvd) - James Ronald Jansen, Judith Mary Jansen
• Parcel 24 (6415 Brooklyn Blvd) - Parents in Community Action, Inc.
• Parcel 28 (5920 Brooklyn Blvd) - Old National Bank
• Parcel 29 (5930 Brooklyn Blvd) - CAPI USA
• Parcel 30 (5950 Brooklyn Blvd) - CAPI USA
• Parcel 31 (6000 Brooklyn Blvd) - TJ Weber Properties, LLC
• Parcel 32 (6044 Brooklyn Blvd) - Old Partners Inc
• Parcel 33 (6101 Brooklyn Blvd) - 6939 Baird LLC Et Al c/o Halverson and Blaiser
• Parcel 34 (6100 Brooklyn Blvd) - My Bui Le
• Parcel 35 (PID: 3411921430047) - My Bui Le
• Parcel 36 (6110 Brooklyn Blvd) - Duoos Bros. American Legion Post 630 Housing
Corporation
• Parcel 37 (6120 Brooklyn Blvd) - Imam HusainIslamic Center
• Parcel 38 (6136 Brooklyn Blvd) - April Graves
• Parcel 39 (6142 Brooklyn Blvd) - Duc Minh Truong
• Parcel 40 (6200 Brooklyn Blvd) – Hayder Albatushi & Uroba
• Parcel 44 (6300 Brooklyn Blvd) - AutoZone Parts, Inc.
• Parcel 45 (6330 Brooklyn Blvd) - BCK Enterprises LLC
• Parcel 46 (6390 Brooklyn Blvd) - EJA Trust - Brooklyn, LLC
• Parcel 47 (3501 65th Ave) - Independent School District No. 279
• Parcel 48 (6500 Brooklyn Blvd) - Provost Living Trust
WHEREAS, the City Council finds it reasonably necessary, proper and
convenient, and in the interest of the general welfare that the City acquire by eminent domain
title to and possession of the Easements in furtherance of the Project; and
WHEREAS, the City Council finds that the construction schedule for the Project
makes it necessary to acquire title to and possession of the Easements prior to the filing of the
final report of the condemnation commissioners to be appointed by the district court; and
WHEREAS, the City Council finds that appraisers opinions of damages caused by
the acquisition of the Easements, as indicated below, reflect fair market value:
Parcel 1 $19,300.00
Parcel 2 $27,100.00
Parcel 3 $50,200.00
Parcel 6 $29,000.00
Parcel 7 $32,300.00
Parcel 14 $8,700.00
Parcel 15 $9,200.00
Parcel 16 $22,900.00
Parcel 19 $25,600.00
Parcel 20 $26,900.00
Parcel 21 $29,000.00
Parcel 22 $13,700.00
Parcel 23 $35,900.00
Parcel 24 $23,100.00
Parcel 28 $37,600.00
Parcel 29 $9,400.00
Parcel 30 $5,900.00
Parcel 31 $21,400.00
Parcel 32 $9,100.00
Parcel 33 $1,500.00
Parcel
34&35
$4,600.00
Parcel 36 $6,000.00
Parcel 37 $1,400.00
Parcel 38 $8,800.00
Parcel 39 $28,000.00
Parcel 40 $6,000.00
Parcel 44 $26,500.00
Parcel 45 $31,500.00
Parcel 46 $34,700.00
Parcel 47 $67,500.00
Parcel 48 $600.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The acquisition of the Easements is necessary and for a public purpose in
furtherance of the Project; and
2. The law firm of Kennedy & Graven, Chartered, is authorized and directed to
take all steps necessary on behalf of the City to acquire through eminent
domain the Easements that are not acquired by voluntary negotiation,
including filing an action in eminent domain and using the quick take
procedure under Minn. Stat. § 117.042; and
3. The appraised values for the Easements reflect the fair market values thereof
and are hereby approved for the purposes of Minn. Stat. § 117.042; and
4. City staff and Kennedy & Graven are authorized to modify the legal
descriptions of the Easements for the purpose of accurately describing the
necessary property as depicted on the plans for the Project.
November 9, 2020
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.
EXHIBIT A
Legal descriptions of easements
[attached]
PARCEL 1
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That part of Lot 2, Block 1 CVS BROOKLYN BOULEVARD ADDITION, embraced
within the plat of GRIMME’S ADDITION
Said perpetual easement being that part of said described property lying easterly of a line run
parallel with and distant 35.00 feet westerly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet;
thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a
radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly
870.92 feet along a compound curve concave to the west having a radius of 2842.62 feet and a
central angle of 17 degrees 33 minutes 15 seconds; thence South 04 degrees 45 minutes 46
seconds East, tangent to said curve, a distance of 749.01 feet; thence southeasterly 446.98 feet
along a tangential curve concave to the east having a radius of 2566.79 feet and a central angle of
09 degrees 58 minutes 39 seconds and said described line there terminating.
An 8.00 foot temporary easement for construction purposes over, under, across and through the
following described property:
That part of Lot 2, Block 1 CVS BROOKLYN BOULEVARD ADDITION, embraced
within the plat of GRIMME’S ADDITION
Said temporary easement lying westerly of and adjacent to a line run parallel with and distant
35.00 feet westerly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 181.37 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet
along a tangential curve concave to the southwest having a radius of 22896.14 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve
concave to the west having a radius of 2842.62 feet and a central angle of 17 degrees 33 minutes
15 seconds; thence South 04 degrees 45 minutes 46 seconds East, tangent to said curve, a
distance of 749.01 feet; thence southeasterly 446.98 feet along a tangential curve concave to the
east having a radius of 2566.79 feet and a central angle of 09 degrees 58 minutes 39 seconds and
said described line there terminating.
Together with a 4.00 foot temporary easement for construction purposes over, under, across and
through the North 13.00 feet of the South 112.00 feet of said Lot 2. Said temporary easement
lying westerly of and adjacent to a line run parallel with and distant 43.00 feet westerly of said
described line.
Said temporary easement to expire November 30, 2022.
PARCEL 2
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 12, Auditor’s Subdivision No. 216, Hennepin County, Minnesota, Except that part of
said Lot 12 lying within PEARSON’S NORTHPORT 3RD ADDITION and Except that
part of Lot 12 described as follows: Commencing at the Northeast corner of Section 3,
Township 118, Range 21; thence west along the North line of said Section 3 a distance of
1741.08 feet; thence Southeasterly, deflecting to the left 111 degrees 58 minutes 7.7
seconds, a distance of 104.54 feet; thence Southerly deflecting to the right 17 degrees 20
minutes 35.2 seconds, a distance of 1073.19 feet; thence Westerly, at a right angle, along
a line hereinafter referred to as “Line A” a distance of 54 feet to the actual point of
beginning of the tract being excepted; thence Southerly, at a right angle, 140 feet; thence
Easterly, at a right angle, to the Easterly line of said Lot 12; thence Northerly along said
Easterly line to said “Line A”; thence Westerly to the actual point of beginning.
Said perpetual easement being that part of said described property lying easterly of a line run
parallel with and distant 35.00 feet westerly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet;
thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a
radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly
870.92 feet along a compound curve concave to the west having a radius of 2842.62 feet and a
central angle of 17 degrees 33 minutes 15 seconds; thence South 04 degrees 45 minutes 46
seconds East, tangent to said curve, a distance of 749.01 feet; thence southeasterly 446.98 feet
along a tangential curve concave to the east having a radius of 2566.79 feet and a central angle of
09 degrees 58 minutes 39 seconds and said described line there terminating.
A 14.10 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 12, Auditor’s Subdivision No. 216, Hennepin County, Minnesota, Except that part of
said Lot 12 lying within PEARSON’S NORTHPORT 3RD ADDITION and Except that
part of Lot 12 described as follows: Commencing at the Northeast corner of Section 3,
Township 118, Range 21; thence west along the North line of said Section 3 a distance of
1741.08 feet; thence Southeasterly, deflecting to the left 111 degrees 58 minutes 7.7
seconds, a distance of 104.54 feet; thence Southerly deflecting to the right 17 degrees 20
minutes 35.2 seconds, a distance of 1073.19 feet; thence Westerly, at a right angle, along
a line hereinafter referred to as “Line A” a distance of 54 feet to the actual point of
beginning of the tract being excepted; thence Southerly, at a right angle, 140 feet; thence
Easterly, at a right angle, to the Easterly line of said Lot 12; thence Northerly along said
Easterly line to said “Line A”; thence Westerly to the actual point of beginning.
Said temporary easement lying westerly of and adjacent to a line run parallel with and distant
35.00 feet westerly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 181.37 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet
along a tangential curve concave to the southwest having a radius of 22896.14 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve
concave to the west having a radius of 2842.62 feet and a central angle of 17 degrees 33 minutes
15 seconds; thence South 04 degrees 45 minutes 46 seconds East, tangent to said curve, a
distance of 749.01 feet; thence southeasterly 446.98 feet along a tangential curve concave to the
east having a radius of 2566.79 feet and a central angle of 09 degrees 58 minutes 39 seconds and
said described line there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 3
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That part of Lot 1, Block 1, CROSS OF GLORY 2ND ADDITION, embraced within
PEARSON’S NORTHPORT 3RD ADDITION.
Said perpetual easement being that part of said described property lying easterly of a line run
parallel with and distant 35.00 feet westerly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet;
thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a
radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly
870.92 feet along a compound curve concave to the west having a radius of 2842.62 feet and a
central angle of 17 degrees 33 minutes 15 seconds; thence South 04 degrees 45 minutes 46
seconds East, tangent to said curve, a distance of 749.01 feet and said described line there
terminating.
A temporary easement for construction purposes over, under, across and through the following
described property:
That part of Lot 1, Block 1, CROSS OF GLORY 2ND ADDITION, embraced within
PEARSON’S NORTHPORT 3RD ADDITION.
Said temporary easement being that part of said described property described as follows:
Beginning at the intersection of the northerly line of said Lot 1 with a line run parallel
with and distant 35.00 feet westerly of the following described “Line A”; thence
northwesterly and westerly along said northerly line a distance of 8.84 feet; thence South
04 degrees 58 minutes 26 seconds East a distance of 29.09 feet; thence South 85 degrees
01 minutes 34 seconds a distance of 4.00 feet; thence South 04 degrees 58 minutes 26
seconds East a distance of 11.00 feet; thence North 85 degrees 01 minutes 34 seconds
East a distance of 4.00 feet; thence South 04 degrees 58 minutes 26 seconds east a
distance of 91.42 feet; thence South 85 degrees 01 minutes 34 seconds West a distance of
9.00 feet; thence South 04 degrees 58 minutes 26 seconds East a distance of 40.00 feet;
thence South 85 degrees 14 minutes 14 seconds West a distance of 37.87 feet; thence
South 04 degrees 45 minutes 46 seconds East a distance of 160.00 feet to the southerly
line of said described property; thence easterly along said southerly line a distance of
55.14 feet to the intersection with said parallel line, thence northerly along said parallel
line to the point of beginning.
“Line A” is described as commencing at the northwest corner of the Southeast Quarter of Section
34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes
23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance of
181.37 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a tangential
curve concave to the southwest having a radius of 22896.14 feet and a central 01 degree 29
minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve concave to the
west having a radius of 2842.62 feet and a central angle of 17 degrees 33 minutes 15 seconds;
thence South 04 degrees 45 minutes 46 seconds East, tangent to said curve, a distance of 749.01
feet and said “Line A” there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 6
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 4, Block 1, PEARSON’S NORTHPORT 3RD ADDITION.
Said perpetual easement being that part of said described property lying easterly of a line run
parallel with and distant 35.00 feet westerly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet;
thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a
radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly
870.92 feet along a compound curve concave to the west having a radius of 2842.62 feet and a
central angle of 17 degrees 33 minutes 15 seconds; thence South 04 degrees 45 minutes 46
seconds East, tangent to said curve, a distance of 749.01 feet and said described line there
terminating.
A 7.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 4, Block 1, PEARSON’S NORTHPORT 3RD ADDITION.
Said temporary easement lying westerly of and adjacent to a line run parallel with and distant
35.00 feet westerly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 181.37 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet
along a tangential curve concave to the southwest having a radius of 22896.14 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve
concave to the west having a radius of 2842.62 feet and a central angle of 17 degrees 33 minutes
15 seconds; thence South 04 degrees 45 minutes 46 seconds East, tangent to said curve, a
distance of 749.01 feet and said described line there terminating.
Together with a 45.60 foot temporary easement for construction purposes over, under, across and
through the South 27.00 feet of said Lot 4. Said temporary easement lies westerly of and adjacent
to a line run parallel with and distant 42.80 feet westerly of said described line.
Said temporary easement to expire November 30, 2022.
PARCEL 7
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
All that part of Lot 3, Block 1, PEARSON’S NORTHPORT 3RD ADDITION which lies
southwesterly of a line run parallel with an distant 42 feet southwesterly of the following
described line: From a point on the South line of Section 34, Township 119 North,
Range 21 West distant 1741.08 feet west of the southeast corner thereof, run
northwesterly at an angle of 68 degrees 01 minutes 52.3 seconds with said South Section
line for 432.38 feet to the point of beginning of the line to be described: thence run
southeasterly along the last described course for 100 feet; thence deflect to the right on a
2 degree 00 minutes curve (delta angle 17 degrees 20 minutes 35.2 seconds) for 867.16
feet and there terminating.
Said perpetual easement being that part of said described property lying easterly of a line run
parallel with and distant 35.00 feet westerly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet;
thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a
radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly
870.92 feet along a compound curve concave to the west having a radius of 2842.62 feet and a
central angle of 17 degrees 33 minutes 15 seconds and said described line there terminating.
A 13.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
All that part of Lot 3, Block 1, PEARSON’S NORTHPORT 3RD ADDITION which lies
southwesterly of a line run parallel with an distant 42 feet southwesterly of the following
described line: From a point on the South line of Section 34, Township 119 North,
Range 21 West distant 1741.08 feet west of the southeast corner thereof, run
northwesterly at an angle of 68 degrees 01 minutes 52.3 seconds with said South Section
line for 432.38 feet to the point of beginning of the line to be described: thence run
southeasterly along the last described course for 100 feet; thence deflect to the right on a
2 degree 00 minutes curve (delta angle 17 degrees 20 minutes 35.2 seconds) for 867.16
feet and there terminating.
Said temporary easement lying westerly of and adjacent to a line run parallel with and distant
35.00 feet westerly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 181.37 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet
along a tangential curve concave to the southwest having a radius of 22896.14 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve
concave to the west having a radius of 2842.62 feet and a central angle of 17 degrees 33 minutes
15 seconds and said described line there terminating.
Together with a 2.20 foot temporary easement for construction purposes over, under, across and
through the South 30.00 feet of said Lot 3. Said temporary easement lies westerly of and adjacent
to a line run parallel with and distant 48.80 feet westerly of said described line.
Said temporary easement to expire November 30, 2022.
PARCEL 14
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That part of Lot 1, Block 1, CHRYSLER MOTORS CORPORATION 2ND ADDITION
lying north of the North line of Lot 23, AUDITOR’S SUBDIVISION NO. 25, Hennepin
County, Minnesota.
Said perpetual easement being that part of said described property lying northeasterly of a line
run parallel with and distant 35.00 feet southwesterly of line described as commencing at the
northwest corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin
County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing,
along the west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning
of said described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11
feet; thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a
radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly
870.92 feet along a compound curve concave to the west having a radius of 2842.62 feet and a
central angle of 17 degrees 33 minutes 15 seconds and said described line there terminating.
A 7.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
That part of Lot 1, Block 1, CHRYSLER MOTORS CORPORATION 2ND ADDITION
lying north of the North line of Lot 23, AUDITOR’S SUBDIVISION NO. 25, Hennepin
County, Minnesota.
Said temporary easement lying westerly of and adjacent to a line run parallel with and distant
35.00 feet westerly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 181.37 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet
along a tangential curve concave to the southwest having a radius of 22896.14 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve
concave to the west having a radius of 2842.62 feet and a central angle of 17 degrees 33 minutes
15 seconds and said described line there terminating.
Together with a 6.20 foot temporary easement for construction purposes over, under, across and
through the southeasterly 27.00 feet of said described property. Said temporary easement lies
westerly of and adjacent to a line run parallel with and distant 42.80 feet southwesterly of said
described line.
Together with a temporary easement for construction purposes over, under, across and through
that part of said Lot 1 described as beginning at the intersection of the north line of said Lot 1
with a line run parallel with and distant 42.80 feet southwesterly of said described line; thence
southerly along said parallel line a distance of 18.10 feet; thence North 84 degrees 29 minutes 15
seconds West a distance of 13.89 feet; thence South 60 degrees 24 minutes 22 seconds West a
distance of 10.42 feet; thence North 29 degrees 35 minutes 38 seconds West a distance of 10.26
feet to the northerly line of said Lot 1; thence northeasterly along said northerly line a distance of
23.82 feet to the point of beginning.
Said temporary easement to expire November 30, 2022.
PARCEL 15
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 2, Block 1, EWING LANE ADDITION
Said perpetual easement being that part of said Lot 2 lying easterly of a line described as
beginning at the intersection of the north line of said Lot 2 with a line run parallel with and
distant 32.00 feet southwesterly of the following described “Line A”; thence southeasterly along
said parallel line a distance of 88.11 feet; thence southeasterly deflecting to the right 05 degrees
36 minutes 00 seconds a distance of 30.71 feet to the intersection with a line run parallel with
and distant 35.00 feet southwesterly of said “Line A”; thence southeasterly along said parallel
line a distance of 19.48 feet to the southeasterly line of said Lot 2 and said described line there
terminating.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 181.37 feet to the point of beginning of said described line; thence South 23 degrees
48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a
tangential curve concave to the southwest having a radius of 22896.14 feet and a central 01
degree 29 minutes 55 seconds and said described “Line A” there terminating.
A temporary easement for construction purposes over, under, across and through the following
described property:
Lot 2, Block 1, EWING LANE ADDITION
Said temporary easement being that part of said Lot 2 described as beginning at the intersection
of the north line of said Lot 2 with a line run parallel with and distant 32.00 feet southwesterly of
the following described “Line A”; thence southeasterly along said parallel line a distance of
88.11 feet; thence southeasterly deflecting to the right 05 degrees 36 minutes 00 seconds a
distance of 30.71 feet to the intersection with a line run parallel with and distant 35.00 feet
southwesterly of said “Line A”; thence southeasterly along said parallel line a distance of 19.48
feet to the southeasterly line of said Lot 2; thence southwesterly along said south line a distance
of 20.41 feet; thence North 29 degrees 35 minutes 38 seconds West a distance of 5.00 feet;
thence North 60 degrees 24 minutes 22 seconds East a distance of 17.00 feet; thence North 23
degrees 48 minutes 56 seconds West a distance of 45.43 feet; thence North 66 degrees 34
minutes 44 seconds East a distance of 2.29 feet to the intersection with a line run parallel with
and distant 37.00 feet southwesterly of said “Line A”; thence northwesterly along said parallel
line a distance of 90.29 feet to the northerly line of said Lot 2; thence easterly along said north
line a distance of 5.46 feet to the point of beginning.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 181.37 feet to the point of beginning of said described line; thence South 23 degrees
48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a
tangential curve concave to the southwest having a radius of 22896.14 feet and a central 01
degree 29 minutes 55 seconds and said described “Line A” there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 16
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 1, Block 1, EWING LANE ADDITION
Said perpetual easement being that part of said Lot 1 lying northeasterly of a line run parallel
with and distant 32.00 feet southwesterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet;
thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a
radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds and said described line
there terminating.
A temporary easement for construction purposes over, under, across and through the following
described property:
Lot 1, Block 1, EWING LANE ADDITION
Said temporary easement being that part of said described property described as follows:
Beginning at the intersection of the northerly line of said Lot 1 with a line run parallel
with and distant 32.00 feet westerly of the following described “Line A”; thence westerly
along said northerly line a distance of 7.84 feet; thence southeasterly, deflecting to the
left 113 degrees 50 minutes 18 seconds, a distance of 145.15 feet; thence southwesterly,
deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 9.00 feet; thence
southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 12.00
feet; thence southwesterly, deflecting to the right 62 degrees 50 minutes 21 seconds, a
distance of 47.40 feet; thence southeasterly, deflecting to the left 62 degrees 50 minutes
21 seconds, a distance of 26.00 feet; thence northeasterly, deflecting to the left 90 degrees
00 minutes 00 seconds, a distance of 47.00 feet; thence southeasterly, deflecting to the
right 90 degrees 00 minutes 00 seconds, a distance of 124.00 feet; thence southeasterly
67.08 feet along a tangential curve concave to the southwest having a radius of 22859.14
feet and a central angle of 00 degrees 10 minutes 05 seconds to the southerly line of said
described property; thence easterly along said southerly line a distance of 5.46 to the
intersection with said parallel line, thence northwesterly along said parallel line to the
point of beginning.
Line “A” is described as commencing at the northwest corner of the Southeast Quarter of Section
34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes
23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance of
181.37 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a tangential
curve concave to the southwest having a radius of 22896.14 feet and a central 01 degree 29
minutes 55 seconds and said “Line A” there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 19
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 4, Block 2, FAIR MEADOWS
Said perpetual easement is that part of said Lot 4 described as beginning at the intersection of the
south line of said Lot 4 with a line run parallel with and distant 46.00 feet southwesterly of the
following described “Line A”; thence northwesterly along said parallel line a distance of 37.10
feet; thence northerly to a point on the north line of said Lot 4 distant 127.40 feet northeasterly of
the northwest corner of said Lot 4; thence northeasterly along said north line a distance of 10.62
feet to the intersection with a line run parallel with and distant 27.00 feet southwesterly of said
“Lot A”; thence southeasterly along said parallel line to the south line of said Lot 4; thence
westerly along said south line to the point of beginning.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 181.37 feet to the point of beginning of said “Line A”; thence South 23 degrees 48
minutes 56 seconds East a distance of 1729.11 feet and said “Line A” there terminating.
A perpetual easement for roadway and utility purposes over, under, across and through part of
the following described property:
Lot 4, Block 2, FAIR MEADOWS
Said perpetual easement being that part of said Lot 4 lying northeasterly of a line run parallel
with and distant 27.00 feet southwesterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet
and said described line there terminating.
A temporary easement for construction purposes over, under, across and through the following
described property:
Lot 4, Block 1, FAIR MEADOWS
Said temporary easement is described as being that part of said Lot 4 described as beginning at
the intersection of the south line of said Lot 4 with a line run parallel with and distant 46.00 feet
southwesterly of the following described “Line A”; thence northwesterly along said parallel line
a distance of 37.10 feet; thence northerly to a point on the north line of said Lot 4 distant 127.40
feet northeasterly of the northwest corner of said Lot 4; thence southwesterly along said north
line a distance of 8.50 feet; thence southeasterly, parallel with said “Line A” a distance of 23.35
feet; thence southwesterly deflection to the right 90 degrees 00 minutes 00 seconds a distance of
8.00 feet; thence southeasterly, parallel with said “Line A” a distance of 54.00 feet to the south
line of said Lot 4; thence easterly along said south line to the point of beginning.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 181.37 feet to the point of beginning of said “Line A”; thence South 23 degrees 48
minutes 56 seconds East a distance of 1729.11 feet and said “Line A” there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 20
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 3, Block 2, FAIR MEADOWS
Said perpetual easement being that part of said Lot 3 lying northeasterly of a line described as
beginning at the intersection of the north line of said Lot 3 with a line run parallel with and
distant 35.00 feet southwesterly of the following described “Line A”; thence southeasterly along
said parallel line a distance of 61.15 feet; thence southerly to a point on the south line of said Lot
3 distant 127.40 feet northeasterly of the southwest corner of said Lot 3 and said described line
there terminating.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 181.37 feet to the point of beginning of said “Line A”; thence South 23 degrees 48
minutes 56 seconds East a distance of 1729.11 feet and said “Line A” there terminating.
A temporary easement for construction purposes over, under, across and through the following
described property:
Lot 3, Block 2, FAIR MEADOWS
Said temporary easement being that part of said Lot 3 described as beginning at the intersection
of the north line of said Lot 3 with a line run parallel with and distant 35.00 feet southwesterly of
the following described “Line A”; thence southeasterly along said parallel line a distance of
61.15 feet; thence southerly to a point on the south line of said Lot 3 distant 127.40 feet
northeasterly of the southwest corner of said Lot 3; thence southwesterly along south line a
distance of 8.50 feet; thence northwesterly, parallel with said “Line A” a distance of 72.24 feet to
the north line of said Lot 3; thence northeasterly along said north line a distance of 10.80 feet to
the point of beginning.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 181.37 feet to the point of beginning of said “Line A”; thence South 23 degrees 48
minutes 56 seconds East a distance of 1729.11 feet and said “Line A” there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 21
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 2, Block 2, FAIR MEADOWS.
Said perpetual easement being that part of said Lot 2 lying northeasterly of a line run parallel
with and distant 35.00 feet southwesterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet
and said described line there terminating.
A 10.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 2, Block 2, FAIR MEADOWS.
Said temporary easement lying southwesterly of and adjacent to a line run parallel with and
distant 35.00 feet southwesterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 181.37 feet to the point of beginning of said described line;
thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet and said
described line there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 22
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 1, Block 2, FAIR MEADOWS
Said perpetual easement being that part of said Lot 1 lying northeasterly of a line run parallel
with and distant 35.00 feet southwesterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet
and said described line there terminating.
A 6.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 1, Block 2, FAIR MEADOWS
Said temporary easement lying southwesterly of and adjacent to a line run parallel with and
distant 35.00 feet southwesterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 181.37 feet to the point of beginning of said described line;
thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet and said
described line there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 23
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 1, Block 1, FAIR MEADOWS
Said perpetual easement being that part of said Lot 1 lying northeasterly of a line run parallel
with and distant 33.00 feet southwesterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet
and said described line there terminating.
A 13.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 1, Block 1, FAIR MEADOWS
Said temporary easement lying southwesterly of and adjacent to a line run parallel with and
distant 33.00 feet southwesterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 181.37 feet to the point of beginning of said described line;
thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet and said
described line there terminating.
Together with a temporary easement for construction purposes over, under, across and through
that part of said Lot 1 described as beginning at the intersection of the north line of said Lot 1
with a line run parallel with and distant 46.80 feet southwesterly of the above described line;
thence southeasterly along said parallel line a distance of 38.36 feet; thence southwesterly
deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 9.00 feet; thence
northwesterly parallel with the above described line a distance of 42.28 feet to the north line of
said Lot 1; thence easterly along said north line a distance of 9.84 feet to the point of beginning.
Said temporary easement to expire November 30, 2022.
PARCEL 24
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 3, Block 1, DENTAL CENTER ADDITION, Hennepin County, Minnesota
Said perpetual easement being that part of said Lot 3 lying northeasterly of a line run parallel
with and distant 33.00 feet southwesterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet
and said described line there terminating.
A temporary easement for construction purposes over, under, across and through the following
described property:
Lot 3, Block 1, DENTAL CENTER ADDITION, Hennepin County, Minnesota
Said temporary easement being that part of said described property described as follows:
Beginning at the intersection of the northerly line of said Lot 3 with a line run parallel
with and distant 33.00 feet southwesterly of line described “Line A”; thence
southwesterly along said northerly line a distance of 6.92 feet; thence southeasterly
deflecting to the left 80 degrees 30 minutes 18 seconds a distance of 20.13 feet; thence
southwesterly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 3.00
feet; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a
distance of 35.00 feet; thence northeasterly deflecting to the left 90 degrees 00 minutes
00 seconds 3.00 feet; thence southeasterly deflecting to the right 90 degrees 00 minutes
00 seconds a distance of 22.45 feet; thence southwesterly deflecting to the right 90
degrees 00 minutes 00 seconds a distance of 4.50 feet, thence southeasterly deflecting to
the right 90 degrees 00 minutes 00 seconds a distance of 11.00 feet; thence northeasterly
deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 4.50 feet; thence
southeasterly deflection to the right 90 degrees 00 minutes 00 seconds a distance of
139.32 feet; thence southerly deflecting to the right 23 degrees 50 minutes 18 seconds a
distance of 19.32 feet to the southerly line of said described property; thence easterly
along said southerly line a distance of 16.00 feet to the intersection with said parallel line;
thence northwesterly along said parallel line to the point of beginning.
“Line A” is described as commencing at the northwest corner of the Southeast Quarter of Section
34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes
23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance of
181.37 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1729.11 feet and said described “Line A” there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 28
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 1, Block 1, FIRST BROOKDALE STATE BANK ADDITION
Said perpetual easement being that part of said Lot 1 lying westerly of a line run parallel with
and distant 31.00 feet easterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 52.09 feet to the point of beginning of said described line; thence
South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly
600.01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet
and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a
compound curve concave to the west having a radius of 2886.96 feet and a central angle of 17
degrees 16 minutes 35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to
said curve, a distance of 737.46 feet; thence southeasterly 431.10 feet along a tangential curve
concave to the east having a radius of 2546.48 feet and a central angle of 09 degrees 41 minutes
59 seconds and said described line there terminating.
An 8.10 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 1, Block 1, FIRST BROOKDALE STATE BANK ADDITION
Said temporary easement lying easterly of and adjacent to a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to said curve, a
distance of 737.46 feet; thence southeasterly 431.10 feet along a tangential curve concave to the
east having a radius of 2546.48 feet and a central angle of 09 degrees 41 minutes 59 seconds and
said described line there terminating.
Together with a 25.50 foot temporary easement for construction purposes over, under, across and
through that part of the North 52.00 feet of said Lot 1 lying easterly of and adjacent to a line run
parallel with and distant 39.10 feet easterly of the above described line.
Said temporary easement to expire November 30, 2022.
PARCEL 29
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That part of the south 161.6 feet of Lot 40 measured along the East line of Lot 40,
AUDITOR’S SUBDIVISION NO. 216, Hennepin County, Minnesota lying easterly of a
line drawn parallel to and 42 feet northeasterly of the following described line:
Commencing at the Northeast corner of Section 3, Township 118, Range 21; thence west
along the North line of said Section 3, a distance of 1741.08 feet; thence southeasterly
deflecting to the left 111 degrees 58 minutes 07.7 seconds, a distance of 104.54 feet to
the point of beginning of the line to be described; thence southeasterly deflecting to the
right 17 degrees 20 minutes 35.2 seconds a distance of 1000 feet and there terminating.
Said perpetual easement being that part of said described property lying westerly of a line run
parallel with and distant 31.00 feet easterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 52.09 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet;
thence southeasterly 600.01 feet along a tangential curve concave to the southwest having a
radius of 22940.48 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly
870.51 feet along a compound curve concave to the west having a radius of 2886.96 feet and a
central angle of 17 degrees 16 minutes 35 seconds; thence South 05 degrees 02 minutes 26
seconds East, tangent to said curve, a distance of 737.46 feet and said described line there
terminating.
A 7.40 foot temporary easement for construction purposes over, under, across and through the
following described property:
That part of the south 161.6 feet of Lot 40 measured along the East line of Lot 40,
AUDITOR’S SUBDIVISION NO. 216, Hennepin County, Minnesota lying easterly of a
line drawn parallel to and 42 feet northeasterly of the following described line:
Commencing at the Northeast corner of Section 3, Township 118, Range 21; thence west
along the North line of said Section 3, a distance of 1741.08 feet; thence southeasterly
deflecting to the left 111 degrees 58 minutes 07.7 seconds, a distance of 104.54 feet to
the point of beginning of the line to be described; thence southeasterly deflecting to the
right 17 degrees 20 minutes 35.2 seconds a distance of 1000 feet and there terminating.
Said temporary easement lying easterly of and adjacent to a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to said curve, a
distance of 737.46 feet and said described line there terminating.
Together with a 30.90 foot temporary easement for construction purposes over, under, across and
through that part of the North 56.00 feet of the South 66.00 feet of said described property lying
easterly of and adjacent to a line run parallel with and distant 38.40 feet easterly of the above
described line.
Together with a 0.90 foot temporary easement for construction purposes over, under, across and
through that part of the South 10.00 feet of said described property lying easterly of and adjacent
to a line run parallel with and distant 38.40 feet easterly of the above described line.
Said temporary easement to expire November 30, 2022.
PARCEL 30
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That part of Lot 1, Block 1, STEEN ADDITION embraced within that part of the north
80.8 feet of the south 242.4 of Lot 40, as measured along the East line of Lot 40,
AUDITOR’S SUBDIVISION No. 216, Hennepin County, Minn., lying easterly of a line
drawn parallel to and 42 feet northeasterly of the following described line: Commencing
at the Northeast corner of Section 3, Township 118, Range 21; thence west along the
North line of said Section 3, a distance of 1741.08 feet; thence southeasterly, deflecting
to the left 111 degrees, 58 minutes, 07.7 seconds, a distance of 104.54 feet to the point of
beginning of the line to be described; thence southeasterly, deflecting to the right 17
degrees, 20 minutes, 35.2 seconds, a distance of 1000 feet and there terminating.
Said perpetual easement being that part of said Lot 1 lying westerly of a line run parallel with
and distant 31.00 feet easterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 52.09 feet to the point of beginning of said described line; thence
South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly
600.01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet
and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a
compound curve concave to the west having a radius of 2886.96 feet and a central angle of 17
degrees 16 minutes 35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to
said curve, a distance of 737.46 feet and said described line there terminating.
A temporary easement for construction purposes over, under, across and through part of the
following described property:
That part of Lot 1, Block 1, STEEN ADDITION embraced within that part of the north
80.8 feet of the south 242.4 of Lot 40, as measured along the East line of Lot 40,
AUDITOR’S SUBDIVISION No. 216, Hennepin County, Minn., lying easterly of a line
drawn parallel to and 42 feet northeasterly of the following described line: Commencing
at the Northeast corner of Section 3, Township 118, Range 21; thence west along the
North line of said Section 3, a distance of 1741.08 feet; thence southeasterly, deflecting
to the left 111 degrees, 58 minutes, 07.7 seconds, a distance of 104.54 feet to the point of
beginning of the line to be described; thence southeasterly, deflecting to the right 17
degrees, 20 minutes, 35.2 seconds, a distance of 1000 feet and there terminating.
Said temporary easement being that part of said described property lying westerly of the East
204.00 feet of said described property and lying easterly of a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to said curve, a
distance of 737.46 feet and said described line there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 31
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 1 Block 1 EVANS NORDBY ADDITION, Hennepin County, Minnesota
Said perpetual easement being that part of said Lot 1 lying westerly of a line run parallel with
and distant 31.00 feet easterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 52.09 feet to the point of beginning of said described line; thence
South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly
600.01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet
and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a
compound curve concave to the west having a radius of 2886.96 feet and a central angle of 17
degrees 16 minutes 35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to
said curve, a distance of 737.46 feet and said described line there terminating.
An 8.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 1 Block 1 EVANS NORDBY ADDITION, Hennepin County, Minnesota
Said temporary easement lying easterly of and adjacent to a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to said curve, a
distance of 737.46 feet and said described line there terminating.
Together with a 1.00 foot temporary easement for construction purposes over, under, across and
through that part of the most southerly 149.00 feet of said Lot 1 lying easterly of and adjacent to
a line run parallel with and distant 39.80 feet easterly of the above described line.
Together with a 3.00 foot temporary easement for construction purposes over, under, across and
through that part of the most southerly 70.00 feet of said Lot 1 lying easterly of and adjacent to a
line run parallel with and distant 40.80 feet easterly of the above described line.
Said temporary easement to expire November 30, 2022.
PARCEL 32
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That part of Lot 37, Auditor’s Subdivision No. 216, Hennepin County, Minn., described
as follows: Commencing at a point distant 182.5 feet west for the East line and 10 feet
north from the South line of said Lot 37; thence north parallel to the East line of said Lot
37 a distance of 175 feet; thence west parallel to the North line of Section 3, Township
118, Range 21, to the westerly line of said Lot 37; thence southerly along the Westerly
line of said Lot 37 to a point distant 10 feet north of the South line of said Lot 37
measured at right angles to said South line and the extension thereof; thence east parallel
to the South line of said Lot 37 to the point of beginning.
Except that part thereof which lies southwesterly of a line run parallel with and distant 42
feet northeasterly of the following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West,
distant 1741.08 feet west of the Southeast corner thereof, run northwesterly at an angle of
68 degrees 01 minutes 52.3 seconds with said South section line for 432.38 feet to the
point of beginning of the line to be described; thence run southeasterly along the last
described course for 100 feet; thence deflect to the right on a 2 degree 00 minute curve
(delta 17 degrees 20 minutes 35.2 seconds) for 867.16 feet and there terminating;
according to the recorded plat thereof.
Said perpetual easement being that part of said described property lying westerly of a line run
parallel with and distant 31.00 feet easterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 52.09 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet;
thence southeasterly 600.01 feet along a tangential curve concave to the southwest having a
radius of 22940.48 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly
870.51 feet along a compound curve concave to the west having a radius of 2886.96 feet and a
central angle of 17 degrees 16 minutes 35 seconds and said described line there terminating.
A 7.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
That part of Lot 37, Auditor’s Subdivision No. 216, Hennepin County, Minn., described
as follows: Commencing at a point distant 182.5 feet west for the East line and 10 feet
north from the South line of said Lot 37; thence north parallel to the East line of said Lot
37 a distance of 175 feet; thence west parallel to the North line of Section 3, Township
118, Range 21, to the westerly line of said Lot 37; thence southerly along the Westerly
line of said Lot 37 to a point distant 10 feet north of the South line of said Lot 37
measured at right angles to said South line and the extension thereof; thence east parallel
to the South line of said Lot 37 to the point of beginning.
Except that part thereof which lies southwesterly of a line run parallel with and distant 42
feet northeasterly of the following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West,
distant 1741.08 feet west of the Southeast corner thereof, run northwesterly at an angle of
68 degrees 01 minutes 52.3 seconds with said South section line for 432.38 feet to the
point of beginning of the line to be described; thence run southeasterly along the last
described course for 100 feet; thence deflect to the right on a 2 degree 00 minute curve
(delta 17 degrees 20 minutes 35.2 seconds) for 867.16 feet and there terminating;
according to the recorded plat thereof.
Said temporary easement lying easterly of and adjacent to a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds and said described line there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 33
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Tract A, Registered Land Survey No. 1192, Hennepin County, Minnesota
Said perpetual easement being that part of said Tract A lying westerly of a line run parallel with
and distant 31.00 feet easterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 52.09 feet to the point of beginning of said described line; thence
South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly
600.01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet
and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a
compound curve concave to the west having a radius of 2886.96 feet and a central angle of 17
degrees 16 minutes 35 seconds and said described line there terminating.
A 4.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
Tract A, Registered Land Survey No. 1192, Hennepin County, Minnesota
Said temporary easement lying easterly of and adjacent to a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds and said described line there terminating.
Together with a 3.00 foot temporary easement for construction purposes over, under, across and
through that part of said Tract A lying northerly of a line run parallel with and distant 200.00 feet
southerly of the most northerly line of said Tract A and it westerly prolongation. Said temporary
easement lying easterly of and adjacent to a line run parallel with and distant 35.80 feet easterly
of the above described line.
Said temporary easement to expire November 30, 2022.
PARCELS 34 & 35
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 1, Block 1, ARTHUR TREACHER’S ADDITION
Said perpetual easement being that part of said Tract A lying westerly of a line run parallel with
and distant 31.00 feet easterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 52.09 feet to the point of beginning of said described line; thence
South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly
600.01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet
and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a
compound curve concave to the west having a radius of 2886.96 feet and a central angle of 17
degrees 16 minutes 35 seconds and said described line there terminating.
A 7.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 1, Block 1, ARTHUR TREACHER’S ADDITION
Said temporary easement lying easterly of and adjacent to a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds and said described line there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 36
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Lot 2, Block 1, P.B.C. FIRST ADDITION, Hennepin County, Minnesota.
Said temporary easement being that part of said Lot 2 lying westerly of a line run parallel with
and distant 44.00 feet easterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 52.09 feet to the point of beginning of said described line; thence
South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly
600.01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet
and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a
compound curve concave to the west having a radius of 2886.96 feet and a central angle of 17
degrees 16 minutes 35 seconds and said described line there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 37
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Lot 1, Block 1, P.B.C. SECOND ADDITION, Hennepin County, Minnesota.
Said temporary easement being that part of said Lot 1 described as beginning at the southwest
corner of said Lot 1; thence northwesterly along the westerly line of said Lot 1 a distance of
63.93 feet to an angle point in said westerly line; thence North 68 degrees 38 minutes 02 seconds
East, assumed bearing, along the westerly line of said Lot 1 and its northeasterly prolongation a
distance of 12.00 feet; thence southeasterly parallel with the westerly line of said Lot 1 a distance
of 68.62 feet to the south line of said Lot 1; thence westerly along said south line a distance of
12.79 feet to the point of beginning.
Said temporary easement to expire November 30, 2022.
PARCEL 38
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 7, Block 3, “LAWNRIDGE”, Hennepin County, Minnesota.
Said perpetual easement being that part of said Lot 7 lying westerly of a line run parallel with
and distant 31.00 feet easterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 52.09 feet to the point of beginning of said described line; thence
South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly
600.01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet
and a central 01 degree 29 minutes 55 seconds and said described line there terminating.
An 8.60 foot temporary easement for construction purposes over, under, across and through the
following described property:
Lot 7, Block 3, “LAWNRIDGE”, Hennepin County, Minnesota.
Said temporary easement is described as follows:
Said temporary easement lying easterly of and adjacent to a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds and said described line there terminating.
Together with that part of said Lot 7 described as commencing at the intersection of the north
line of the South 35.00 feet of said Lot 7 with a line run parallel with and distant 39.60 feet
easterly of the above described line; thence easterly along said north line a distance of 14.40 feet;
thence southerly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 34.60 feet
to the intersection with said parallel line; thence northwesterly along said parallel line a distance
of 37.58 feet to the point of beginning.
Said temporary easement to expire November 30, 2022.
PARCEL 39
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
All that part of the following described lot:
Lot 6, Block 3, “LAWNRIDGE”, Hennepin County, State of Minnesota, except that part
thereof, which lies southwesterly of a line run parallel with and distant 42 feet
northeasterly of the following described line: From a point on the North line of Section
3, Township 118 North, Range 21 West, distant 1741.08 feet west of the Northeast corner
thereof, run southeasterly at an angle of 68 degrees 01 minutes 52.3 seconds with said
North section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees 20
minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described;
thence run northwesterly along the last described course for 100 feet; thence deflect to the
left on a 2 degree 00 minute curve (delta angle 17 degrees 20 minutes 35.2 seconds) for
867.16 feet; thence deflect to the left on a 0 degree 15 minute curve (delta angle 1 degree
29 minutes 54.8 seconds) for 599.42 feet and there terminating; and except a triangular
piece adjoining and northeasterly of the above described strip and northwesterly of the
following described line: Beginning at a point of the above described line, distant 40 feet
southeasterly of its intersection with the Northerly line of said Lot 6; thence run
northeasterly to a point on said Northerly line, distant 30 feet easterly of said intersection.
Said perpetual easement being that part of said described property lying westerly of a line run
parallel with and distant 31.00 feet easterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 52.09 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet;
thence southeasterly 600.01 feet along a tangential curve concave to the southwest having a
radius of 22940.48 feet and a central 01 degree 29 minutes 55 seconds and said described line
there terminating.
An 8.30 foot temporary easement for construction purposes over, under, across and through the
following described property:
All that part of the following described lot:
Lot 6, Block 3, “LAWNRIDGE”, Hennepin County, State of Minnesota, except that part
thereof, which lies southwesterly of a line run parallel with and distant 42 feet
northeasterly of the following described line: From a point on the North line of Section
3, Township 118 North, Range 21 West, distant 1741.08 feet west of the Northeast corner
thereof, run southeasterly at an angle of 68 degrees 01 minutes 52.3 seconds with said
North section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees 20
minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described;
thence run northwesterly along the last described course for 100 feet; thence deflect to the
left on a 2 degree 00 minute curve (delta angle 17 degrees 20 minutes 35.2 seconds) for
867.16 feet; thence deflect to the left on a 0 degree 15 minute curve (delta angle 1 degree
29 minutes 54.8 seconds) for 599.42 feet and there terminating; and except a triangular
piece adjoining and northeasterly of the above described strip and northwesterly of the
following described line: Beginning at a point of the above described line, distant 40 feet
southeasterly of its intersection with the Northerly line of said Lot 6; thence run
northeasterly to a point on said Northerly line, distant 30 feet easterly of said intersection.
Said temporary easement lying easterly of and adjacent to a line run parallel with and distant
31.00 feet easterly of line described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds and said described line there terminating.
Together with that part of said Lot 6 described as commencing at the intersection of the north
line of the South 30.00 feet of said Lot 6 with a line run parallel with and distant 39.30 feet
easterly of the above described line; thence easterly along said north line a distance of 9.00 feet;
thence southerly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 21.37 feet
to the intersection with said parallel line; thence northwesterly along said parallel line a distance
of 23.19 feet to the point of beginning.
Said temporary easement to expire November 30, 2022.
PARCEL 40
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 3, except that part thereof; which lies southwesterly of a line run parallel with and
distant 42 feet northeasterly of the following described line: From a point on the North
line of Section 3, Township 118, Range 21, distant 1741.08 feet west of the Northeast
corner thereof, run southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds with
said North Section line for 104.53 feet; thence deflect to the right at an angle of 17
degrees, 20 minutes, 35.2 seconds, for 536.92 feet to the point of beginning of the line to
be described; thence run northwesterly along the last described course for 100 feet;
thence deflect to the left of a 2 degree 00 minutes curve (delta angle 17 degrees, 20
minutes, 35.2 seconds) for 867.16 feet; thence deflect to the left of a 0 degree, 15 minute
curve (delta angle 1 degree 29 minutes 54.8 seconds) for 599.42 feet and there
terminating: and except a triangular piece adjoining and northeasterly of the above
described line and southwesterly of the following described line: Beginning at a point on
the above described line distant 20 feet northwesterly of its intersection with the
Southerly line of said Lot 3; thence run southeasterly to a point on a said Southerly line
distant 20 feet easterly of said intersection:
Block 2, “LAWNRIDGE”, Hennepin County, Minnesota.
Said perpetual easement being that part of said described property lying westerly of a line run
parallel with and distant 31.00 feet easterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the
west line of said Southeast Quarter a distance of 52.09 feet to the point of beginning of said
described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet;
thence southeasterly 600.01 feet along a tangential curve concave to the southwest having a
radius of 22940.48 feet and a central 01 degree 29 minutes 55 seconds and said described line
there terminating.
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Lot 3, except that part thereof; which lies southwesterly of a line run parallel with and
distant 42 feet northeasterly of the following described line: From a point on the North
line of Section 3, Township 118, Range 21, distant 1741.08 feet west of the Northeast
corner thereof, run southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds with
said North Section line for 104.53 feet; thence deflect to the right at an angle of 17
degrees, 20 minutes, 35.2 seconds, for 536.92 feet to the point of beginning of the line to
be described; thence run northwesterly along the last described course for 100 feet;
thence deflect to the left of a 2 degree 00 minutes curve (delta angle 17 degrees, 20
minutes, 35.2 seconds) for 867.16 feet; thence deflect to the left of a 0 degree, 15 minute
curve (delta angle 1 degree 29 minutes 54.8 seconds) for 599.42 feet and there
terminating: and except a triangular piece adjoining and northeasterly of the above
described line and southwesterly of the following described line: Beginning at a point on
the above described line distant 20 feet northwesterly of its intersection with the
Southerly line of said Lot 3; thence run southeasterly to a point on a said Southerly line
distant 20 feet easterly of said intersection:
Block 2, “LAWNRIDGE”, Hennepin County, Minnesota.
Said temporary easement is being that part of said described property lying westerly of the East
88.00 feet of said Lot 3 and lying easterly of a line run parallel with and distant 31.00 feet
easterly of line described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 52.09 feet to the point of beginning of said described line; thence South 23 degrees
48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet along a
tangential curve concave to the southwest having a radius of 22940.48 feet and a central 01
degree 29 minutes 55 seconds and said described line there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 44
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 1, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION
Said perpetual easement is described as the South 8.00 feet of said Lot 1.
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Lot 1, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION
Said temporary easement being the North 10.00 feet of the South 18.00 feet of said Lot1.
Together with a temporary easement for construction purposes over, under, across and through
that part of the westerly 5.00 feet of said Lot 1 lying northerly of the South 18.00 of said Lot 1
and lying southeasterly of a line run at a right angle to the westerly line of said Lot 1 through a
point on said westerly line distant 92.00 feet northwesterly from the southwest corner of said Lot
1.
Said temporary easement to expire November 30, 2022.
PARCEL 45
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 2, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION
Said perpetual easement being the West 55.00 feet of the most southerly 8.00 feet of said Lot 2.
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Lot 2, Block 1, RAINBOWS GARDEN CITY SECOND ADDITION
Said temporary easement being the West 35.00 feet of the North 10.00 feet of the most southerly
18.00 feet of said Lot 2.
Together with a temporary easement for construction purposes over, under, across and through
that part of said Lot 2 described as beginning at the northwest corner of Lot 1, said Block 1;
thence easterly along the north line of said Lot 1 a distance of 16.82 feet; thence northwesterly
deflecting to the left 108 degrees 02 minutes 00 seconds a distance 36.81 feet; thence easterly
deflecting to the right 108 degrees 02 minutes 00 seconds a distance of 123.17 feet; thence
northerly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 42.03 feet to the
southerly line of Lot 1, Block 1, RAINBOWS GARDEN CITY ADDITION; thence westerly
along said southerly line to the west line of said Lot 2; thence southerly along said west line a
distance of 65.31 feet to the point of beginning.
Together with a temporary easement for construction purposes over, under, across and through
that part of said Lot 2 described as commencing at the northwest corner of said Lot 2; thence
southeasterly along the west line of said Lot 2 a distance of 51.00 feet to the point of beginning
of said temporary easement; thence northeasterly deflecting to the left 90 degrees 00 minutes 00
seconds a distance of 14.50 feet; thence southeasterly deflecting to the right 90 degrees 00
minutes 00 seconds a distance of 61.00 feet to the northerly line of said Lot 1, Block 1,
RAINBOWS GARDEN CITY ADDITION; thence southwesterly along said northerly line a
distance of 14.50 feet to the west line of said Lot 2; thence northerly along said west line a
distance of 61.00 feet to the point of beginning.
Said temporary easement to expire November 30, 2022.
PARCEL 46
A perpetual easement for roadway and utility purposes over, under, across and through part of
the following described property:
Lot 1, Block 1, RAINBOWS GARDEN CITY ADDITION
Said perpetual easement being that part of said Lot 1 lying southwesterly a line described as
beginning at the intersection of the southerly line of said Lot 1 with a line run parallel with and
distant 31.00 feet northeasterly of the following described “Line A”; thence northwesterly along
said parallel line a distance of 74.73 feet; thence northwesterly deflecting to the right 05 degrees
42 minutes 38 seconds a distance of 90.45 feet to the intersection with a line run parallel with
and distant 40.00 feet northeasterly of said “Line A”; thence northwesterly along said parallel
line a distance of 117.28 feet to the northerly line of said Lot 1 and there terminating.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 52.09 feet to the point of beginning of said described line; thence South 23 degrees
48 minutes 56 seconds East a distance of 1850.54 feet and said “Line A” there terminating.
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Lot 1, Block 1, RAINBOWS GARDEN CITY ADDITION
Said temporary easement being that part of said described property:
Said temporary easement being that part of said Lot 1 described as beginning at the intersection
of the southerly line of said Lot 1 with a line run parallel with and distant 31.00 feet
northeasterly of the following described “Line A”; thence northwesterly along said parallel line a
distance of 74.73 feet; thence northwesterly deflecting to the right 05 degrees 42 minutes 38
seconds a distance of 90.45 feet to the intersection with a line run parallel with and distant 40.00
feet northeasterly of said “Line A”; thence northwesterly along said parallel line a distance of
117.28 feet to the northerly line of said Lot 1; thence northeasterly along said northerly line a
distance of 35.21 feet; thence southeasterly deflecting to the right 90 degrees 00 minutes 00
seconds a distance of 10.00 feet; thence southwesterly deflecting to the right 90 degrees 00
minutes 00 seconds a distance of 13.00 feet; thence southerly deflecting to the right 68 degrees
07 minutes 40 seconds a distance of 46.85 feet; thence southeasterly deflecting to the left 21
degrees 53 minutes 00 seconds a distance of 89.71 feet; thence southwesterly deflecting to the
right 90 degrees 00 minutes 00 seconds a distance of 5.00 feet; thence southeasterly deflecting to
the left 90 degrees 00 minutes 00 seconds a distance of 86.41 feet; thence easterly deflecting to
the left 65 degrees 59 minutes 20 seconds a distance of 180.98 feet; thence southerly deflecting
to the right 90 degrees 00 minutes 00 seconds a distance of 28.15 feet to the southerly line of said
Lot 1; thence westerly and southwesterly along said southerly line to the point of beginning.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 52.09 feet to the point of beginning of said described line; thence South 23 degrees
48 minutes 56 seconds East a distance of 1850.54 feet and said “Line A” there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 47
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Tract A, except that part thereof lying northwesterly of a line drawn from a point on the
North line of Tract A, 240 feet east of the Northwest corner of Tract A to a point on the
West line of Tract A, 138 feet south of the Northwest corner of said tract, REGISTERED
LAND SURVEY No. 803, Hennepin County, Minnesota.
Said perpetual easement being that part of said Tract A lying southwesterly a line described as
beginning at the intersection of the southerly line of said Tract A with a line run parallel with and
distant 31.00 feet northeasterly of the following described “Line A”; thence northwesterly along
said parallel line a distance of 152.18 feet; thence northwesterly deflecting to the right 05 degrees
42 minutes 38 seconds a distance of 80.40 feet to the intersection with a line run parallel with
and distant 39.00 feet northeasterly of said “Line A”; thence northwesterly along said parallel
line a distance of 188.58 feet; thence northerly deflecting to the right 24 degrees 28 minutes 56
seconds a distance of 49.10 feet; thence westerly deflecting to the left 90 degrees 40 minutes 10
seconds a distance of 22.08 feet; thence northwesterly deflecting to the right 71 degrees 53
minutes 52 seconds a distance of 20.17 feet; thence northeasterly deflecting to the right 39
degrees 17 minutes 22 seconds a distance of 41.90 feet to the northerly line of said Tract A and
there terminating.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 52.09 feet to the point of beginning of said described line; thence South 23 degrees
48 minutes 56 seconds East a distance of 1850.54 feet and said “Line A” there terminating.
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Tract A, except that part thereof lying northwesterly of a line drawn from a point on the
North line of Tract A, 240 feet east of the Northwest corner of Tract A to a point on the
West line of Tract A, 138 feet south of the Northwest corner of said tract, REGISTERED
LAND SURVEY No. 803, Hennepin County, Minnesota.
Said temporary easement being that part of said Tract A described as beginning at the
intersection of the southerly line of said Tract A with a line run parallel with and distant 31.00
feet northeasterly of the following described “Line A”; thence northwesterly along said parallel
line a distance of 152.18 feet; thence northwesterly deflecting to the right 05 degrees 42 minutes
38 seconds a distance of 80.40 feet to the intersection with a line run parallel with and distant
39.00 feet northeasterly of said “Line A”; thence northwesterly along said parallel line a distance
of 188.58 feet; thence northeasterly deflecting to the right 24 degrees 28 minutes 56 seconds a
distance of 49.10 feet; thence westerly deflecting to the left 90 degrees 40 minutes 10 seconds a
distance of 22.08 feet; thence northwesterly deflecting to the right 71 degrees 53 minutes 52
seconds a distance of 20.17 feet; thence northeasterly deflecting to the right 39 degrees 17
minutes 22 seconds a distance of 41.90 feet to the northerly line of said Tract A; thence
southeasterly deflecting to the right 140 degrees 27 minutes 50 seconds a distance of 108.79 feet;
thence southwesterly deflecting to the right 84 degrees 32 minutes 10 seconds a distance of 8.59
feet; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of
135.67 feet; thence southeasterly deflecting to the right 05 degrees 42 minutes 38 seconds a
distance of 120.60 feet; the southeasterly deflecting to the left 05 degrees 42 minutes 38 seconds
a distance of 163.98 feet to the southerly line of said Tract A; thence westerly along said south
line a distance of 9.65 feet to the point of beginning.
Said “Line A” is described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 52.09 feet to the point of beginning of said described line; thence South 23 degrees
48 minutes 56 seconds East a distance of 1850.54 feet and said “Line A” there terminating.
Said temporary easement to expire November 30, 2022.
PARCEL 48
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Tract A, REGISTERED LAND SURVEY No. 1326, Hennepin County, Minnesota.
Said temporary easement being that part of said Tract A described as beginning at the most
southerly corner of said Tract A; thence North 68 degrees 48 minutes 56 seconds West, assumed
bearing, along the southerly line of said Tract A a distance of 28.28 feet to the east line of the
West 10.00 feet of said Tract A; thence North 23 degrees 48 minutes 56 seconds West, along
said parallel line, a distance of 17.79 feet; thence North 66 degrees 11 minutes 04 seconds East a
distance of 11.00 feet; thence South 23 degrees 48 minutes 56 seconds East a distance of 21.72
feet; thence South 68 degrees 48 minutes 56 seconds East a distance of 22.73 feet to the
southerly line of said Tract A; thence southwesterly along said southerly line a distance of 7.07
feet to the point of beginning.
Said temporary easement to expire November 30, 2022.
JOYCE LN
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Brooklyn Boulevard Corridor Project Phase 2Easement Status Ü11/2/20
Legend
Easem ent Completed
Easem ent Pending
Eminent D omain - Signed Pending Mortgage Consent
Eminent D omain - Easement Negotiations On Going
No Easement Required
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28-5920
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36-611013-6107
10-6037
35-22
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44-6300
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11-6045
39-6142
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17-6245
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54-5836
18-6301
41-6206
40-6200
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :D or an C ote, D irector of P ublic Wor ks
BY:M ike A lbers , C ity Engineer
S U B J E C T:Res olu+on E s tablishing I nter es t R ate for 2021 S pecial A s s es s ments
B ackground:
Each y ear the C ity Council s ets an interes t rate for s pecial as s essments levied against proper+es based on
the C ity ’s S pecial A sses s ment and I nternal L oan I nteres t Rate Policy. T he objec+ve of this policy is to
establis h an equitable interes t rate that will not unfair ly bur den the pr oper ty owner yet recover the cos t of
borrow ing fr om outs ide s ources , recover the cost of adminis ter ing the s pecial as s es s ments , and protect the
City fr om the pos s ibility that special asses s ment prepayments might impair the C ity ’s ability to s erv ice the
bonds .
City Council policy has been to es tablish the special as s es s ment interest rate by calcula+ng the s um of the
interest rate for the mos t recent general obliga+on bond, adding tw o percent to cover the ov erhead cos ts
described above and rounding to the nearest one-half percent in accordance w ith the policy. The mos t
recent improv ement bond sale by the C ity of Brooklyn Center w as 2020 G eneral O bliga+on I mprovement
Bonds at 0.9 7 per cent which res ults in a special as s es s ment interest rate of 3.0 percent for 2021. This
interest rate is 0.5 per cent lower than the 2 0 2 0 rate.
B udget I ssues:
T here are no budget is s ues to cons ider.
S trate gic Priories and Values:
Key Transporta+on I nves tments
AT TA C H M E N TS :
D escrip+on Upload D ate Ty pe
Res olu+on 11/2/2020 Cov er Memo
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ESTABLISHING INTEREST RATE FOR 2021 SPECIAL
ASSESSMENTS
WHEREAS, the City Council levies special assessments for certain neighborhood
street and utility projects, delinquent utility bills, and other services provided to property owners
that go unpaid; and
WHEREAS, amounts outstanding are certified to Hennepin County for collection
with property taxes; and
WHEREAS, by City Council policy, interest is to be charged on outstanding
amounts certified to Hennepin County for collection with property taxes; and
WHEREAS, the interest rate to be charged is two percent over the net interest rate
for the most recent City General Obligation bond sale rounded up to the next one-half percent;
and
WHEREAS, the most recent General Obligation Improvement Bond sale resulted
in a net interest rate of 0.97 percent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for
the year 2021 is hereby established at 3.0 percent.
November 9, 2020
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :D or an C ote, D irector of P ublic Wor ks
BY:M ike A lbers , C ity Engineer
S U B J E C T:Res olu+on E s tablishing 2021 S tr eet and S torm D rainage S pecial A s s essment Rates
B ackground:
Each y ear the City C ouncil es tablis hes asses s ment rates for R1, R 2 , and R 3 res iden+al z oned proper+es
based on the C ity ’s S pecial A sses s ment Policy. W ithin thes e z oning districts , the as s es s ment rate for s treet
and s tor m drainage improv ements is bas ed on a unit amount that applies to all s ingle-family residen+al
proper+es. The unit amount r epr es ents a s pecific por +on of the av erage cos t for r econs tr uc+ng a ty pical
res iden+al s treet and s torm drainage s ys tem. S tr eet as s essments for non-res iden+al and R 4 to R7
res iden+al proper+es are computed s eparately for each proj ect.
S pecial asses s ment rates are typically adjus ted each year to reflect normal infla+onar y incr eas es in
cons truc+on cos ts . The City ’s S pecial A s s es s ment Policy indicates that “the unit asses s ment s hall be
adj us ted annually to r eflect cos t of living increas es as measured by the C ons tr uc+on I ndex” (C ity C ouncil
Code of Policies S ec+on I I – 2.1 0 .2.B.1 .a.2). The E ngineering New s Record (E N R) C ons truc+on C os t I ndex
has experienced an av er age annual percent change for 2020 of 1.0 percent (s ee Table 1 ).
Table 1. E N R C ons truc+on Cost I ndex - 12-M onth Average A nnual Percentage C hange
Year 2013 2014 2 0 1 5 2 0 1 6 2 0 1 7 2018 2019 2020*
12-mo avg. annual % change 2.7 6.3 3 .0 1 .4 3 .5 5.3 0.9 1.0
S ource: E N R w ebs ite, O ctober 12, 2020, edi+on
N ote: * 12 month average Nov ember 2019 - O ctober 2020
Bas ed on the 2 0 2 0 informa+on abov e, s taff recommends adjus +ng the s pecial as s es s ment rates by an
increase of 1.0 percent for 2021, w hich w ill be an increas e of $6 1 from the 2 0 2 0 total as s es s ment amount
for s treet recons truc+on pr ojects . T his r ate s hould con+nue to maintain the por+on of s tr eet and s tor m
drainage cos ts that are as s es s ed at approximately 33 percent of the total cos t for s treet and s torm drainage
improvements . The City C ouncil has his tor ically targeted 33 percent as the por+on of s tr eet and s tor m
drainage impr ovements that are asses s ed to adj oining R 1 , R2, and R3 res iden+al pr oper+es .
B udget I ssues:
I ncreas ing the 2020 s pecial asses s ment rates for 2021 w ould res ult in an as s es s ment amount of $4,707 for
s treet improvements and $1,4 12 for storm drainage improv ements. The total as s es s ment amount would be
$6,119 per R1 s ingle-family res iden+al lots in 2 0 2 1 compared to $6,058 in 2 0 2 0 . The asses s ment amount
for street improv ements on par+al s treet r econstruc+on proj ects (full pavement r eplacement) will be
$3,530 per R1 single-family res iden+al lots in 2 0 21. The asses s ment amount for s treet improvements on
pav ement rehabilita+on pr ojects (mill and ov er lay ) will be $1 ,556 per R1 single-family residen+al lots in
2 021. T he aKached res olu+on prov ides the corr es ponding adjus tments for R2 and R3 zoned proper+es
based on the propos ed unit asses s ment rates .
S trate gic Priories and Values:
Key Transporta+on I nves tments
AT TA C H M E N TS :
D escrip+on Upload D ate Ty pe
Res olu+on 11/2/2020 Cov er Memo
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ESTABLISHING 2021 STREET AND STORM DRAINAGE
SPECIAL ASSESSMENT RATES
WHEREAS, the residential assessment rates for street and storm drainage
improvements are annually reviewed and approved by the City Council; and
WHEREAS, the residential assessment rates should be adjusted annually to be
effective January 1; and
WHEREAS, the 2021 street and storm drainage assessment rates for R1, R2 and
R3 zoned districts are based on a specific proportion of approximately 33 percent of the average
cost for street and storm drainage improvements; and
WHEREAS, the R4, R5, R6 and R7 zoned districts will continue to be assessed
based on an evaluation of project cost and project benefit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The residential street and storm drainage special assessment rates for street
reconstruction and pavement rehabilitation shall apply to properties in R1,
R2 or R3 zoned districts. These rates shall also be applied to parcels of
property in other land use zones when such parcels (a) are being used as
one-family or two-family residential sites at the time the assessment roll is
levied; and (b) could not be subdivided under the then-existing
Subdivision Ordinance.
2. The residential assessment rates for street and storm drainage
reconstruction effective January 1, 2021, shall be as follows:
Land Use 2021 Assessment Rates
R1 zoned, used as one-family $4707.00 per lot (street)
site that cannot be subdivided $1412.00 per lot (storm drainage)
R2 zoned, or used as a two-family $62.7600 per front foot with a
site that cannot be subdivided $4707.00 per lot minimum (street)
$18.8267 per front foot with a
$1412.00 per lot minimum (storm drainage)
RESOLUTION NO. _______________
Land Use 2021 Assessment Rates
R3 zoned (per unit) Assessable frontage x $62.7600 (street)
Number of residential units
Assessable frontage x $18.8267 (storm)
Number of residential units
3. The residential assessment rates for partial street reconstruction effective
January 1, 2021, shall be as follows:
Land Use 2021 Assessment Rates
R1 zoned, used as one-family $3530.00 per lot (street)
site that cannot be subdivided
R2 zoned, or used as a two-family $47.0667 per front foot with a
site that cannot be subdivided $3530.00 per lot minimum (street)
R3 zoned (per unit) Assessable frontage x $47.0667 (street)
Number of residential units
4. The residential assessment rates for pavement rehabilitation effective
January 1, 2021, shall be as follows:
Land Use 2021 Assessment Rates
R1 zoned, used as one-family $1556.00 per lot (street)
site that cannot be subdivided
R2 zoned, or used as a two-family $20.7467 per front foot with a
site that cannot be subdivided $1556.00 per lot minimum (street)
R3 zoned (per unit) Assessable frontage x $20.7467 (street)
Number of residential units
5. The residential assessment rates for street and storm drainage
reconstruction and pavement rehabilitation shall not apply to R4, R5, R6
or R7 zoned districts. The assessment rates for street reconstruction and
pavement rehabilitation for R4, R5, R6 or R7 zoned property shall be
based on an evaluation of the project cost and project benefit for each
project.
RESOLUTION NO. _______________
November 9, 2020
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :D or an C ote, D irector of P ublic Wor ks
BY:M ike A lbers , C ity Engineer
S U B J E C T:Res olu+on D eclaring C os ts to be A s s essed and C alling for a P ublic H earing on P roposed
S pecial A s s essments for I mpr ovement P roject Nos. 2021-01 and 0 2 , G randview S outh
A rea S tr eet and S torm D rainage I mprov ements
B ackground:
T his project was es tablis hed by the C ity C ouncil on May 13, 2019, by Res olu+on 2 0 19-74, for the area
commonly referr ed to as the G randview S outh A rea I mprovements . T his ac+on w as taken in accordance
w ith the C apital I mprovement P rogram (C I P ), w hich iden+fies G randview S outh A rea for improvements
during the 2021 cons truc+on s eas on. The feas ibility repor t for this project was accepted on S eptember 2 8 ,
2 020 and an improv ement public hearing w as conducted on O ctober 26, 2 0 2 0 .
T he a?ached resolu+on declares certain project cos ts to be as s essed for the G r andv iew S outh A rea S treet
and S torm D rainage I mprov ements and calls for a public hearing on the propos ed s pecial asses s ments on
D ecember 14, 2 0 2 0 .
T he purpos e of holding the s pecial as s ess ment hearing prior to beginning the proj ect is to as s ur e that any
objec+ons to or appeals of the as s es s ments are know n prior to entering into a cons truc+on contract or
is s uing bonds to finance the as s essed por+on of the project. The es tablished as s es s ment rate w ould set the
maximum levy amounts , guaranteeing proper ty owners of the final cost they w ill pay for the project. S pecial
asses s ments for this proj ect have been calculated in accordance w ith the C ity ’s S pecial A sses s ment Policy.
B udget I ssues:
T he total project cos t for the G randv iew S outh A rea S tr eet, S tor m D rainage, and U +lity I mprov ements is
es+mated to be $11,8 0 0 ,000. The total s pecial as s essments for this project are es +mated to be
$1,178,450.5 7 for s tr eet improvements , and $371,7 1 2 .12 for s torm drainage impr ovements .
F unding s ources for the project are budgeted from s our ces as des cribed in the project feas ibility report
previously accepted by the C ity Council on S eptember 28, 2020 . The s pecial asses s ment rates w er e
adopted by the C ity C ouncil on November 9, 2 0 2 0 , and funding source amounts that are included in the
feas ibility report are amended as follows as a res ult of minor s pecial asses s ment r ev is ions :
Feas ibility Repor t (9 /28/2 0 ) A mended (11 /2/2 0 )
S pecial A sses s ments $1 ,556,7 83.81 $1,550,162.6 9
S anitary S ew er U +lity F und $1 ,640,0 00.00 $1,640,000.0 0
Water U +lity F und $2 ,090,0 00.00 $2,090,000.0 0
S torm D rainage U+lity F und $1 ,786,7 42.96 $1,788,287.8 8
S treet L ight U +lity F und $60,0 0 0 .00 $60,0 0 0 .00
S treet Recons truc+on F und $3 ,156,4 73.23 $3,161,549.4 3
M unicipal S tate A id F und $1 ,510,0 00.00 $1,510,000.0 0
Total $11,8 0 0 ,000.00 $11,800,00 0 .00
S trate gic Priories and Values:
Key Transporta+on I nves tments
AT TA C H M E N TS :
D escrip+on Upload D ate Ty pe
Res olu+on 11/2/2020 Cov er Memo
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO._______________
RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING
FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR
IMPROVEMENT PROJECT NOS. 2021-01 AND 02, GRANDVIEW SOUTH
AREA STREET AND STORM DRAINAGE MPROVEMENTS
WHEREAS, the Brooklyn Center City Council has accepted the Engineer’s
Feasibility Report for Improvement Project Nos. 2021-01 and 02, Grandview North Area Street
and Storm Drainage Improvements; and
WHEREAS, the total cost of the street and storm drainage improvement portion
of said project is estimated to be $8,010,000; and
WHEREAS, the City Clerk and City Engineer have prepared a proposed
assessment roll showing the proposed amount to be specifically assessed for such improvement
against every assessable lot, piece, or parcel of land within the district affected, without regard to
cash valuation, as provided by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. That portion of the cost to be assessed against benefited property owners for
street improvements included in City Improvement Project No. 2021-01 is
declared to be $1,178,450.57. That portion of the cost to be assessed against
benefited property owners for storm drainage improvements included in City
Improvement Project No. 2021-02 is declared to be $371,712.12.
2. Notice is hereby given that an on-line assessment public hearing will be held
on the 14th day of December, 2020, at 7:00 p.m. or as soon thereafter as part
of the regular City Council meeting as the matter may be heard to pass upon
said assessment and at such time and place all persons owning property
affected by said improvements will be given the opportunity to be heard with
reference to said assessment. The WebEx meeting can be accessed
electronically by
https://logis.webex.com/logis/j.php?MTID=m4e2521c99a845acbd144c753f56
caf69 or by calling 1-312-535-8110 Access Code: 133 791 1584
3. The City Clerk is directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks
prior to the hearing, and shall state in the notice the total cost of the
improvement.
RESOLUTION NO. _______________
4. The City Clerk shall cause mailed notice to be given to the owner of each
parcel described in the assessment roll not less than two weeks prior to the
hearing.
November 9, 2020
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :
BY:M eg B eekmen, Community D ev elopment D irector
S U B J E C T:Res olu*on E lec*ng to Par*cipate in the L ocal H ousing I ncen*ves A ccount P rogram U nder
the M etr opolitan L ivable C ommuni*es A ct
B ackground:
T he M etropolitan L iv able Communi*es A ct es tablis hes a Metropolitan L ivable C ommuni*es F und w hich is
intended to fund development projects that s uppor t hous ing and other development is s ues facing the
metropolitan area. F unding is available through s everal accounts that offer gr ants to support projects that
prov ide environmental clean up, affordable hous ing, and trans it oriented dev elopment.
I n order to be eligible to r eceive grants through thes e programs, ci*es are required to par*cipate in the
L ocal H ousing I ncen*ves A ccount program. I n order to par*cipate in the L ocal H ous ing I ncen*ves A ccount
P rogram, each municipality mus t adopt by r es olu*on the affordable and life-cy cle housing goals assigned by
the M etropolitan C ouncil.
Ev ery ten years , the M etr opolitan C ouncil calculates affordable housing goals for municipali*es w ithin the
s ev en county metr opolitan area. A ffordable and life-cy cle housing goals are calculated bas ed on each
community ’s s hare of the region’s need for affordable housing in the coming decade. T he goals are
dis tributed in each community 's S ystem S tatement, which is then incorporated into its updated
Comprehensive P lan to acknow ledge this “need” number. T he number is bas ed on each community's
forecasted s ew er-s erv iced growth, their exis *ng affordable housing choices rela*ve to the regional aver age,
and whether or not they import or export low -w age wor kers . Forecasted growth considers a community ’s
trans it capacity, land us e guidance, employment gr ow th, and other economic and demographic trends.
“Need” numbers are further adjusted as des cr ibed above to encourage affordable housing dev elopment
that will prov ide r eas onable hous ing op*ons at all incomes throughout the r egion.
B rooklyn C enter's aff o rdable and life cycle housing go als assigned by the Metropo litan C ouncil are below:
D e cade A ffordable H ous ing G oal L ife -cycle H ous ing G oal
2011-2020 1 0 6 -163 160-400
2021-2030 1 3 1 -238 1,0 0 0
T he goals hav e already been included in the adopted 2040 C omprehens iv e P lan. the M etropolitan C ouncil
an*cipates that Br ookly n Center w ill grow by 2 ,258 housing units by 204 0 . H ow ev er, by 2 030, the
expecta*on is that Br ookly n Center's s hare of the r egional affordable hous ing w ould include betw een 131
and 238 hous ing units . T he S y s tem S tatement fur ther breaks these dow n by affordability and iden*fies a
goal of 103 units at or below 3 0 percent A M I and 135 units at 51-80 percent A M I .
T he goals als o include 1 ,000 life-cycle hous ing units . L ife-cy cle goals are intended to ens ure communi*es
are allow ing for a variety of housing types ; s pecifically a mix of dens i*es w ithin their r esiden*al land. I n
other w ords, the goal is that at leas t 1,000 of the new hous ing units built by 2030 will be at a minimum
density of 8 units per acre.
W hile thes e ar e goals adopted by the M etropolitan Council, and in turn the C ity, ther e are no penal*es if the
goals are not met, nor if they are exceeded. They s imply represent w hat the M etr opolitan C ouncil deems
the C ity's shar e of the expected need for thes e hous ing types through 2030.
B udget I ssues:
No budget iss ues .
S trate gic Priories and Values:
O pera*onal E xcellence
AT TA C H M E N TS :
D escrip*on Upload D ate Ty pe
Res olu*on 10/27/2020 Resolu*on L eGer
G oals M ethodology 10/27/2020 Backup M aterial
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ELECTING TO PARTICIPATE IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEARS 2021 THROUGH 2030
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to
473.255) establishes a Metropolitan Livable Communities Fund which is intended to address
housing and other development issues facing the metropolitan area defined by Minnesota
Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account, the Local Housing
Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding
and other assistance to metropolitan-area municipalities; and
WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the
Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup
funding from the Minnesota Department of Employment and Economic Development unless the
municipality is participating in the Local Housing Incentives Account Program under Minnesota
Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires that each municipality
establish affordable and life-cycle housing goals for that municipality that are consistent with
and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan
Development Guide; and
WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives
Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to
participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the
municipality successfully negotiate new affordable and life-cycle housing goals for the
municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable
and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent
or will spend or distribute to the Local Housing Incentives Account the required Affordable and
Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates
in the Local Housing Incentives Account Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
RESOLUTION NO. _______________
1. Elects to participate in the Local Housing Incentives Program under the Metropolitan
Livable Communities Act for calendar years 2021 through 2030.
2. Agrees to the following affordable and life-cycle housing goals for calendar years 2021
through 2030:
Affordable Housing Goals Range Life-Cycle Housing Goal
131-238 1,000
3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it
plans to take to meet its established housing goals.
November 9, 2020
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.
Attachment: 2021-2030 Affordable and Life-cycle Housing Goals
Methodology
Months of cumulative outreach and discussion about how 2021-2030 affordable and life-cycle housing
goals should be calculated (summarized at a May 4 Communities Development Committee meeting),
has led to a methodology that is consistent and easy to understand. The selected methodology
attempts to strike a reasonable, balanced approach that considers the variety of differing
circumstances across communities. The 2021-2030 affordable housing goals will be a range to reflect
the uncertainty and variety of local affordable housing development, and use a similar approach that
2011-2020 goals used.
How were 2011-2030 affordable housing goals calculated?
In 2009 and 2010 broad discussions were had about how to determine 2011-2020 affordable housing
goals, including some of the same stakeholders - and even some of the same people! - that provided
input for the coming decade’s goals. In summary, an estimate of available funding for affordable
housing was determined for the 2011-2020 decade and used to calculate what percent of the decade’s
need for affordable housing could possibly be developed. This percentage was calculated at 65%,
which was then applied to each community’s share of affordable housing need for 2011-2020 to create
a low end of an affordable housing goal range. The high end of a community’s goal range was the
need number itself. Some communities had access to additional funding sources and therefore the
low end of their range was increased, but most communities’ 2011-2020 affordable housing goal
was a range between 65% and 100% of their 2011-2020 share of affordable housing need.
How are 2021-2030 affordable housing goals being calculated?
Affordable and life-cycle housing goals are calculated based on each community’s share of the region’s
need for affordable housing in the coming decade. Each community has, or is in the process of,
updating their comprehensive plans to acknowledge this “need” number, which is based on their
forecasted sewer-serviced growth, their existing affordable housing choices relative to the regional
average, and whether or not they import or export low-wage workers. Forecasted growth considers a
community’s transit capacity, land use guidance, employment growth, and other economic and
demographic trends. “Need” numbers are further adjusted as described above to encourage affordable
housing development that will provide reasonable housing options at all incomes throughout the region.
Determining affordable housing “goals” (which are required for LCA participation) based on affordable
housing “needs” (which are required to be addressed per the Metropolitan Land Planning Act) ensures
that those goals factor in all the unique characteristics of a community. However, it is widely
acknowledged that there is not sufficient funding available to meet the forecasted affordable housing
“need,” and affordable housing goals are an opportunity for cities to consider a more realistic, if still
ambitious, number of affordable housing units that could be built in the coming decade.
For this reason, the amount of funding anticipated for affordable housing development in the coming
decade is the primary consideration in determining affordable housing goals. Working closely with
Minnesota Housing, we have estimated that funding in 2021-2030 could support the construction of
about 45% of the forecasted need for affordable housing.
Page - 2 | October 27, 2020 | METROPOLITAN COUNCIL
We must acknowledge that not every source of affordable housing funding is captured in this
calculation. We also acknowledge that there are many things individual local governments can do to
incentivize and partner with affordable housing developers to increase their chances of accessing
available funding. Finally, many focus group participants and survey respondents indicated a desire to
set goals above minimum funding limitations as an incentive to do more. For this reason, we have set
the low end of your community’s 2021-2030 affordable housing goals at 55% of your share of the
region’s need for affordable housing (also known as the “need” number in your comprehensive plan).
That percentage reflects the funding availability estimate (45%), plus an additional 10% to account for
local policies and less common funding sources. Shown another way:
We heard from survey respondents and stakeholder conversations that funding has historically limited
our ability to meet all affordable housing needs, but many partners – both cities and other stakeholders
– felt that affordable housing goals should also reflect the future need. There is no penalty for not
meeting affordable housing goals, and equating “goals” with “needs” may incentivize us to work harder
to address affordable housing needs and bring attention to the need for more funding to create resilient
communities where housing choices are robust.
For that reason, the high end of your community’s 2021-2030 affordable housing goal is equal to your
2021-2030 affordable housing need number from your comprehensive plan. For example, if your share
of the region’s need for affordable housing in the coming decade is 100 units, your goal range would
look like this:
How were 2011-2020 life-cycle housing goals being calculated?
Life-cycle housing goals were also considered in partnership with communities and stakeholders in
2009-2010. In summary, life-cycle housing goals were also determined as a range. The low end of the
range was the 2011-2020 share of affordable housing need. The high end of the range was calculated
by multiplying all land guided multi-family residential AND expected to develop in the 2011 decade by
the maximum densities of those land uses. This resulted in some very high life-cycle housing goals!
Page - 3 | October 27, 2020 | METROPOLITAN COUNCIL
How are 2021-2030 life-cycle housing goals being calculated?
Life-cycle goals are intended to ensure communities are allowing for a variety of housing types;
specifically a mix of densities within their residential land. Although all communities must allow
minimum average residential densities for sewer serviced growth, and additional average density
minimums near certain transit investments, this measure is more about knowing how many multi-family
units are possible. Therefore, life-cycle goals are being measured by looking at all multi-family land
uses (defined as land uses with a minimum of 8 units per acre or more), and multiplying the acres of
land expected to develop in the coming decade by the median density of those multi-family land use
designations. Shown another way:
C ouncil R egular M eeng
DAT E:1 1 /9/2 0 2 0
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :N/A
BY:Barb S uciu, City Clerk
S U B J E C T:M o(on to approve the A mendments to the C ity C ouncil C alendar
B ackground:
At the O ctober 26, 2 0 2 0 City Council the City C ouncil amended the C ity C ouncil calendar to add a
w orks ession on Nov ember 3 0 , 2020. That date has changed to Thursday, D ecember 3 . A pprove tonight
w ill allow for the amendment to the calendar to r eflect the current date.
B udget I ssues:
None
S trate gic Priories and Values:
O pera(onal E xcellence
AT TA C H M E N TS :
D escrip(on Upload D ate Ty pe
A mended City C ouncil Mee(ng C alendar 11/4/2020 Backup M aterial
2020 City Council Meeting Schedule
Regular City Council Meetings
Council Chambers
City Hall
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 13
January 27
February 10
February 24
March 9
March 23
April 13
April 27
May 11
May 26 (Tuesday)
June 8
June 22
July 13
July 27
August 10
August 24
September 14
September 28
October 12
October 26
November 9
November 23
December 14
Additional Meetings
Feb. 3
Mar. 2
May 4
Sept. 8
Special City Council Meetings
All dates are Monday unless otherwise noted
April 6 7:00 p.m.
Board of Appeal & Equalization CC
May 18 6:00 p.m.
Board of Appeal & Equalization Reconvene CC
June 1 6:30 p.m.
Work Session w/Auditor and Budget Work Session
w/Financial Commission CC
July 6 6:30 p.m.
Work Session w/Financial Commission CC
Capital Improvement Plan & Capital Project Funds
July 20 6:30 p.m.
Work Session w/Financial Commission CC
2020 Budget Overview
August 3 6:30 p.m.
Work Session w/Financial Commission CC
General Fund – Department Requests
August 14 6:00 p.m.
Canvass results from the Primary Election CC
August 17 6:30 p.m.
Work Session w/Financial Commission CC
General Fund – Department Requests
September 2 (Wednesday) 6:30 p.m.
Work Session w/Financial Commission CC
General Fund – Department Requests
October 15 6:30 p.m.
Work Session w/Financial Commission, Special CC
Revenue Funds, Debt Service Funds, Internal Service Funds
October 19 6:30 p.m.
Work Session w/Financial Commission CC
Utility/Enterprise Funds
November 13 6:00 p.m.
Canvass results from the General Election CC
November 30 5:00 p.m.
Housing Policy Discussion CC
December 3 5:00 p.m.
Housing Policy Discussion CC
December 7 6:30 p.m.
2021 Budget Hearing and Special Meeting CC
CC –Council Chambers located in upper level City Hall
All dates are subject to change.
Call City Hall at 763-569-3300 to verify dates and times.
Council/E D A Work
S ession
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection by
dialing 1-312-535-8110
A ccess Code: 133 791
1584
November 9, 2020
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.E D A -owned Scattered Site Development Discussion
2.Snowmobile and Recreational Vehicle Ordinance Discussion
3.F air Housing P olicy
P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS
1.Pending I tems
Jambo Africa - Request for Hookah Tobacco License
Earle Brown Name - 11/23
Council Retreat Follow-up
Tobacco Regulations
Citizen's Discipline Review B oard - 11/23
Council P olicy for City Charter requirement of Mayor's signature on
all contracts
Strategic P lans for years 2018-2020 and 2021-2023
NOAH Preservation Program
Review Special Assessment Policy
Opportunity S ite Update
MEMOR ANDUM - C OUNCIL WOR K SESSION
DAT E:11/9/2020
TO :C ity C ouncil
F R O M:C urt Boganey, C ity Manager
T HR O UG H:
BY:Meg Beekman, C ommunity Development Director
S UBJ EC T:EDA-owned S cattered S ite Development Dis cus s ion
Background:
T he C ity and EDA own several single lot s cattered s ites in the C ity. Each site is unique in how and why it was
acquired and held. W hat thes e lots have in common is that they were not ac quired through the C ity's pas t
R emove and R es tore P rogram, whic h acquired vacant dilapidated properties, razed them and sold the lots to a
builder to cons truct affordable for-s ale homes .
902 53rd Ave N - T he EDA ac quired this property in 2014 for a purchas e pric e of $145,000. It is an
unders ized lot; however it is buildable. It is zoned R -2 and guided Low Dens ity R esidential in the 2040
C omprehens ive P lan.
3401 53rd Ave N - T he EDA acquired this property in 2012 for $32,700. It was ac quired to facilitate a land
s wap with the owner of Lake P oint Apartment to exchange for a trail easement through the rear of their
property. T his arrangement did not move forward, and the lot has been sitting vac ant adjac ent to the apartment
building ever s inc e. T he property is zoned R -5, which would allow for multi-family residential.
4800 and 4812 71s t Ave N - T hese lots were acquired in 2010 and 2013 and replatted as part of the the
roadway rec onstruc tion of 71s t Avenue N and cons truction of C EAP. T hey were previously c onsidered
remnant parcels, but if c ombined could c reate a developable lot. T hey are zoned R -1 and guided Low-dens ity
R es idential in the 2040 C omprehensive P lan; however, they abut Brooklyn Boulevard and may be suitable for a
higher density use s uc h as a duplex or triplex.
5401, 5407, 5415 Brooklyn Boulevard - T hese lots are remnant lots that were ac quired as part of the first phas e
of the Brooklyn Boulevard rec onstruc tion projec t. T hey were replatted together to ac commodate the
reconfiguration of the frontage road at 55th Avenue N near Northport Elementary. T hey are zoned C -1 and R -
2, but are guided for Medium Density R es idential, which would allow up to s ix units to be plac ed on the
parcel.
P I D: 3311921430087 - T his parc el is immediately abutting land owned by the C rys tal Airport on the west side
of the C ity and has not ever been as s igned an address. It has been likely owned by the EDA since the airport
was built. It has never been developed, but could ac commodate a s ingle family home. It is zoned R -1 and
guided Low-density R es idential in the 2040 C omprehensive P lan.
P I D: 3611921120008 - T his parcel has not been assigned an addres s and has been owned by the C ity s inc e
before its incorporation. It has Mississippi R iver frontage, and was his toric ally held by the C ity in order to
acc ommodate pos s ible ac cess to the river as a source of surface water if the state were to ever limit or prohibit
acc es s to the C ity's c urrent s ourc e of underground water. It is very unlikely that this would ever occ ur, and if it
did, there are other options for ac cess to alternate water sources. T he parcel would ac commodate a s ingle
family home.
T he C ity frequently rec eives inquiries from interes ted parties s eeking opportunities to develop single lots in the
C ity. P roposed uses range widely. Bec ause thes e sc attered sites were not acquired through a partic ular
program, there is no c lear direc tion on how the C ity C ouncil would like to see them reus ed. W hile future land
use des ignations and zoning guide the dens ity and land us es of each parc el, s ome proposals for reus e do not
align with c urrent regulations or s eek land write downs.
Ideally, the C ity would prepare a comprehensive R F P whic h identifies the development goals of eac h parcel
available and s eek propos als for the highes t and bes t use. T he reality; however, is that these s ites are not top of
the list in terms of redevelopment priorities or strategic initiatives staff is working on. Unfortunately, there is not
s taff capac ity to address thes e sites in this manner at this time. Nevertheless, staff receives inquiries from
interested parties on a somewhat frequent basis.
Bec ause the redevelopment of thes e sites is not staff's highes t priority, staff is s eeking direction from the C ity
C ouncil on how to respond to these inquiries .
O ption 1: P lace a hold on development of thes e sites until staff has the capac ity to issue an R F P for
development. T his would be reviewed in a year to evaluate if it would be possible to is s ue an R F P at that point.
Any interested parties would be told the lots are not for sale at this time, and that an R F P will be issued at a
later date.
O ption 2: C ity C ounc il identifies priorities and broad development goals for the sites to guide s taff in evaluating
interes ted parties on a c as e by c as e basis, whic h will then be brought before C ity C ouncil through the typic al
divestment proc es s .
If the C ounc il c hooses O ption 2, S taff is s eeking direction on which priorities and development goals the
C ouncil wishes staff to foc us on. T his lis t below is not exhaustive, but has been identified for dis cus s ion
purposes. It would also be helpful to identify if there are particular sites the C ity C ounc il is not interested in
s eeing developed at this time.
Development G oal O ptions:
Housing types the C ity doesn't currently have
Legally-binding affordable housing
Larger-unit housing
O wner-oc cupied duplex/triplexes
O wner-oc cupanc y versus rental
S enior hous ing
Increase tax base
Development P riority O ptions :
P roof of concept development (material or development type that is new or testing the market)
Highes t value for the land
Minority developer, minority c ontractors /subs
Local developer, local contrac tors/s ubs
F irs t-time developer
Mission-driven/non-profit developer
Development will s erve identified loc al c ommunity
Development is in alignment with current zoning and land us e guidance
S taff is seeking guidance on what the C ounc il's goals and priorities are from highes t to lowest. T hat s aid, each
available s ite is unique and is not suitable for all types of development. Bas ed on the C ouncil's direction, staff
will be able to work with interested parties to match them with s uitable sites and present propos als that align
with the C ounc il's overall goals and priorities for the C ity.
Policy Issues:
-W hich O ption would the C ity C ouncil prefer staff to purs ue?
- If the C ity C ounc il prefers O ption 2, what are the overall goals and priorities for the development of thes e
s ites that the C ity C ouncil would like staff to follow when working with interes ted parties?
- Are there s ites that the C ity C ouncil is not interes ted in s eeing developed at this time?
S trategic Priorities and Values:
Targeted R edevelopment
AT TAC HME N T S:
Desc ription Upload Date Type
P resentation S lidedeck 10/30/2020 Bac kup Material
EDA-owned Scattered
Site Development
Discussion
City Council Work Session Meeting, November 9,2020
Meg Beekman, Community Development Director
EDA-owned Scattered Sites
2
•902 53rd Ave N
•3401 53rd Ave N
•4800 71st Ave N and 4812 71st Ave N
•5401, 5407, and 5415 Brooklyn Boulevard
•PID 3311921430087
•PID 3611921120001
•Staff is seeking direction on a divestment strategy
902 53rd Ave N
Zoned: R-2
Guided: Low Density
Residential
Acquired: 2014
Sale Price: $145,000
3
3401 53rd Ave N
Zoned: R-5
Guided: Med Density
Residential
Acquired: 2012
Sale Price: $32,700
Size: .26 Acres
4
4800/4812 71st
Ave N
Zoned: R-1
Guided: Low Density
Residential
Acquired: 2010/2013
Sale Price:
$206,000/$34,400
Size: .4 Acres
5
5401/5407/5415
Brooklyn
Boulevard
Zoned: C-1 and R-2
Guided: Med-Density
Residential
Acquired: 2016
Sale Price: $725,000
6
PID
3311921430087
Zoned: R-1
Guided: Low Density
Residential
7
PID:
3611921120008
Zoned: R-1
Guided: Low Density
Residential
8
Proposal
9
•Option 1: Place a hold on development of these sites until staff has the
capacity to issue an RFP for development. This would be reviewed in a
year to evaluate if it would be possible to issue an RFP at that point. Any
interested parties would be told the lots are not for sale at this time, and
that an RFP will be issued at a later date.
•Option 2: City Council identifies priorities and broad development goals for
the sites to guide staff in evaluating interested parties on a case by case
basis, which will then be brought before City Council through the typical
divestment process.
Option 2 Discussion
10
•Development Goal Options:
•Housing types the City doesn't currently have
•Legally-binding affordable housing
•Larger-unit housing
•Owner-occupied duplex/triplexes
•Owner-occupancy versus rental
•Senior housing
•Increase tax base
Option 2 Discussion
11
•Development Priority Options:
•Proof of concept development
•Highest value for the land
•Minority developer, minority contractors/subs
•Local developer, local contractors/subs
•Mission-driven/non-profit developer
•Development will serve identified local community
•Development is in alignment with current zoning and land
use guidance
Process
12
If Option 2 is selected, each option would still require developer to follow the same
process :
•Sale of EDA-owned property
•Preliminary Development Agreement
•Purchase Agreement (Public Hearing)
•Planning Case Application: Preliminary and Final Plat, PUD, Site and Building
Plan Review (as applicable)
•Planning Commission (Public Hearing)
•City Council Review (Public Hearing for PUD rezoning)
Policy Discussion
13
•Which Option would the City Council prefer staff to pursue?
•If the City Council prefers Option 2, what are the overall goals and
priorities for the development of these sites that the City Council
would like staff to follow when working with interested parties?
•Are there sites that the City Council is not interested in seeing
developed at this time?
MEMOR ANDUM - C OUNCIL WOR K SESSION
DAT E:11/9/2020
TO :C ity C ouncil
F R O M:C urt Boganey, C ity Manager
T HR O UG H:Meg Beekman, C ommunity Development Director
BY:Jesse Anders on, Deputy Direc tor of C ommunity Development
S UBJ EC T:S nowmobile and R ecreational Vehic le O rdinance Dis cus s ion
Recommendation:
P rovide direction to s taff regarding an ordinance amendment regulating the us e of pers onal recreational
vehicles.
Background:
T he C ity has received c omplaints related to a partic ular property regarding the use of snow mobiles and other
all terrain vehicles both on private property as well as on C ity roadways . T he c omplaints spurred a review of
the C ity's ordinances as they relate to the use of snow mobiles and all terrain vehic les within C ity limits .
T he C ity of Brooklyn C enter has previously adopted C hapter 27-901 to 27-909 (attached) regarding the use of
s nowmobiles within city limits. C urrently the ordinance does not allow for the use of snowmobiles on public
s treets , roadway, shoulders, ins ide the bank or s lope of any state trunk, county s tate aid, or county
highway. T he ordinance however does not prevent the us e of a snowmobile on individual property or on
private property with the owner ’s c onsent.
In addition, the C ity C ode is silent on the us e of other rec reational or all terrain vehicles both on private or
public property.
O ther cities within the Metropolitan Area, prohibit the us e of s now mobiles and all terrain vehicles on public
property, except for s pecified trails des ignated for such us e. No s uc h trails exist within the C ity of Brooklyn
C enter. T here are loc al suburbs that allow for us e on private properties. T he prohibition is based on the excess
noise and odors produced by thes e vehic les , as well as the added wear and tear that they produc e on roadways
that are not des igned to handle them.
Because the C ity has not had an ordinance that addresses these issues, staff has not been able to take enforcement
action when complaints have been received. It should be noted that staff receives very few complaints about the
use of snowmobile or recreational vehicles within city limits, in parks, and on private property. In most cases
when there is a report of the use of a snowmobile or other recreational vehicle in use on city streets or parks, the
violator is not at the scene and often difficult to track down. However, when the complainant provides an address
and staff approaches the property to verify, it is often found that the use of a snowmobile or a recreation vehicle
has been used onsite. Without an enforcement tool, staff often advises that the user should limit the noise and be
courteous to neighbors when using the recreational vehicle.
T he C ity C ouncil reviewed this topic at their S eptember 24 work session. T hey directed the item to the Housing
Commission for review and a recommendation.
T his topic was brought to the Housing C ommis s ion for review at their O ctober 20, 2020, meeting. T he
Housing C ommis s ion dis cus s ed the ordinances and had s everal concerns about the proposed ordinance. A
s ummary of their disc ussion and rec ommendation is as follows:
1. Housing C ommis s ion s uggests that rec reational vehic les should be a permitted us e on residential
properties
2. It was also s uggested that if recreational vehicles are prohibited on private property, then an exemption
s hould be s tated to allow residents who have direct lake ac cess be allowed to operate their
recreational vehicles on their property.
3. T he Hous ing C ommission approved of the overall c hanges to the ordinanc e as they help to clarify and
clean up the ordinance.
4. T he Hous ing C ommission rec ommendation would be to adopt the proposed ordinance with adding an
exemption under 27-902 to allow for the us e on private property from the hours of 7am to 10pm.
5. T he Hous ing C ommission sugges ts that any unus ually nois y use would be res tric ted by s ection 27-903,
while still allowing us e in sec tion 27-902. T he language in 27-903 s tates that nois es that are annoying or
caus e a dis turbanc e are prohibited. T his would place the burden on a neighbor to not only c all in the
complaint, but provide testimony that the use of the recreational vehicle caus ed disturbance or annoyed if
the matter were to go to court.
S taff R ecommendations :
1. S taff have revis ed the draft ordinance bas ed on the Housing C ommis s ion's recommendations and added
an exemption that would allow for the us e on private property.
1. W hile staff added the exception per the Housing C ommis s ion's recommendations , s taff continues
to have c onc erns about the enforc ement of the language, and does not believe that this language
will effectively address the c urrent complaints the c ity has rec eived.
2. T he language, as recommended by the Housing C ommis s ion, plac es the burden of proof on the
pers on complaining to prove that they were harmed or annoyed. F urther, the pres enc e of a
violation is determined by neighbors, opening the door for s ituations where the ordinanc e may be
enforc ed incons is tently from one property to another.
2. Alternative language could remove the exc eption allowing rec reational us e on private property, but allow
it on properties adjacent to lakes. If this is done, s taff would also recommend c reating an an exemption
for rec reational vehic les to be used as equipment when needed for s now removal or landsc aping work.
Policy Issues:
- W hat exc eption language would the C ity C ounc il like to proc eed with?
- Is the C ity C ouncil comfortable sc heduling a firs t reading for the ordinanc e amendment.
S trategic Priorities and Values:
S afe, S ecure, S table C ommunity
AT TAC HME N T S:
Desc ription Upload Date Type
C urrent S nowmobile O rdinanc e 9/22/2020 Bac kup Material
Hous ing C ommission's R ec ommended O rdinanc e 10/21/2020 O rdinanc e
S taff rec ommended ordinance 10/21/2020 O rdinanc e
City of Brooklyn Center 27-5 City Ordinance
c. Property Damage Liability - $50,000 each occurrence.
3. Workers' Compensation Coverage
a. Statutory coverage to comply with section 1776.182 of the Minnesota Statutes.
Coverage shall be provided by an Insurance Carrier who holds a Certificate of Authorization (licensed) with the
State of Minnesota.
Evidence of such insurance will be in the form of a Certificate of Insurance, industry standard ACORD form, or
similar type form approved by the City. The Certificate shall state that coverage cannot be canceled mid term
or not renewed without thirty (30) days prior written notice to the City, any phraseology limiting this
requirement shall be stricken.
Catering food vehicles must be parked at the street curb while engaging in vending operations and vending shall
be done only from the curb side of the vehicle. Each catering food vehicle must be equipped with flashing
lights on both front and rear of the vehicle, clearly visible to oncoming automobiles in full daylight. No owner
or operator of any catering food vehicle shall call attention to his business or to his goods, wares, or
merchandise, by crying them out, by blowing a horn, or by any loud or unusual noise. Every catering food
vehicle while carrying on a vending operation shall be attended by at least two adult persons, one of whom shall
have the following specific duties: For the full period during which such catering food vehicle is stopped for
vending or stopped in such a manner or place as to reasonably cause others to believe that it is proposing to
engage in vending operations, said person shall stand alongside said catering food vehicle in such a manner as
to be able to observe traffic coming from all directions and to observe children crossing the street in the
immediate vicinity of said catering food vehicle. Such person shall give adequate warning to oncoming
vehicles and to children so as to avoid accident or injury to said children.
Section 27-204. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars
($1,000) and imprisonment for not more than ninety (90) days, or both, together with the costs of prosecution.
SNOWMOBILES
Section 27-901. DEFINITIONS.
For the purposes of this ordinance the terms used herein shall have the following meanings ascribed to
them:
Person - includes an individual, partnership, corporation, the state and its agencies and subdivisions, and
any body of persons, whether incorporated or not.
City of Brooklyn Center 27-6 City Ordinance
Snowmobile - means a self-propelled vehicle designed for travel on snow or ice or natural terrain steered
by wheels, skis or runners.
Owner - means a persons, other than a lien holder, having the property in or title to snowmobile entitled
to the use or possession thereof.
Operate - means to ride in or on and control the operation of a snowmobile.
Operator - means every person who operates or is in actual physical control of a snowmobile.
Roadway - means that portion of a highway improved, designed, or ordinarily used for vehicular travel,
including the shoulder.
Street or highway - means the entire width between boundary lines of any way or place when any part
thereof is open to the use of the public, as a matter or right, for the purposes of vehicular traffic.
Section 27-902. OPERATION ON STREETS AND HIGHWAYS.
1. No person shall operate a snowmobile upon a municipal street. No person shall operate a
snowmobile upon the roadway, shoulder or inside bank or slope of any state trunk, county state aid,
or county highway in this City and, in the case of a divided state trunk or county highway, on the
right of way between the opposing lanes of traffic, except as provided in this ordinance; nor shall
operation on any such highway be permitted where the roadway directly abuts a public sidewalk or
property used for private purposes. No person shall operate a snowmobile along the right of way
of any state trunk, county state aid, or county highway between the hours of one-half hour after
sunset to one-half hour before sunrise, except on the right-hand side of such right of way and in the
same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No
snowmobile shall be operated at any time within the right of way of any interstate highway or
freeway within the City.
2. A snowmobile may make a direct crossing of a street or highway, except at an interstate highway
or freeway, provided:
a. The crossing is made at an angle of approximately 90 degrees to the direction of the street or
highway and at a place where no obstruction prevents a quick and safe crossing.
b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled
way of the highway.
City of Brooklyn Center 27-7 City Ordinance
c. The driver yields the right of way to all oncoming traffic which constitutes an immediate
hazard.
d. In crossing a divided street or highway, the crossing is made only at an intersection of such
street or highway with another public street or highway.
e. If the crossing is made between the hours of one-half hour after sunset to one-half hour before
sunrise or in conditions of reduced visibility, both front and rear lights shall be on.
3. Notwithstanding any prohibition in this ordinance, a snowmobile may be operated on a public
thoroughfare in an emergency during the period of time when and at locations where snow upon the
roadway renders travel by automobile impractical.
Section 27-903. UNLAWFUL OPERATION. Except as otherwise specifically permitted and
authorized, it is unlawful for any person to operate a snowmobile within the limits of the City of Brooklyn
Center:
1. After having received a visual or audible signal from any law enforcement officer to come to a stop,
to:
a. operate a snowmobile in willful or wanton disregard of such signal, or
b. interfere with or endanger the law enforcement officer or any other person or vehicle, or
c. increase speed or attempt to flee or elude the officer.
2. On a public sidewalk or walkway provided or used for pedestrian travel or along a street boulevard.
3. On private property of another without lawful authority or consent of the owner or occupant.
4. On any publicly owned lands and frozen waters, including but not limited to school grounds, park
property, playgrounds, recreation areas and golf courses, except areas previously listed or authorized
for such use by the proper public authority. Authorized areas in the City of Brooklyn Center owned
by the City shall be designated by council resolution.
5. At any place while under the influence of intoxicating liquor or narcotics or habit-forming drugs.
City of Brooklyn Center 27-8 City Ordinance
6. At a rate of speed greater than reasonable or proper under all the surrounding circumstances.
7. At a speed greater than 10 miles an hour when within 100 feet of any lakeshore, except in channels,
or of fishermen, ice houses, or skating rinks.
8. At any place in a careless, reckless or negligent manner so as to endanger the person or property of
another or to cause injury or damage thereto.
9. So as to tow any person or thing on a highway except through use of rigid tow bar attached to the
rear of the snowmobile.
10. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes
with the peace and quiet of other persons.
11. During the hours from 11 p.m. to 7 a.m. of any day except that it shall not be unlawful to operate a
snowmobile until midnight on Friday and Saturday.
Section 27-904. EQUIPMENT. It is unlawful for any person to operate a snowmobile any place within
the limits of the City of Brooklyn Center unless it is equipped with the following:
1. Standard mufflers which are properly attached and in constant operation, and which reduce the
noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply
with Regulation NR57 which is hereby adopted by reference. No person shall use a muffler cutout,
bypass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not
emit or produce a sharp popping or crackling sound.
2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any
conditions of operation.
3. A safety or so-called "deadman" throttle in operating condition, so that when pressure is removed
from the accelerator or throttle, the motor is disengaged from the driving track.
4. At least one clear lamp attached to the front with sufficient intensity to reveal persons and vehicles
at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric
conditions. Such head lamp shall be so aimed that glaring rays are not projected in to the eyes of an
oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a
minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of
500 feet to the rear during the hours of darkness under normal atmospheric conditions. The
equipment shall be in operating condition when the vehicle is operated between the hours of one-
half hour after sunset to one-half before sunrise or at times of reduced visibility.
City of Brooklyn Center 27-9 City Ordinance
5. Reflective material at least 16 square inches on each side, forward of the handlebars.
Section 27-905. PERSONS UNDER 18.
1. No person under 14 years of age shall operate on highways or make a direct crossing of a street or
highway as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years
of age, may operate a snowmobile on highways as permitted under this ordinance and make a direct
crossing of streets or highways only if he has in his immediate possession a valid snowmobile safety
certificate issued by the Commissioner of Natural Resources as provided by Minnesota Statutes.
2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to
the provisions of this section.
Section 27-906. LEAVING SNOWMOBILE UNATTENDED. Every person leaving a snowmobile in a
public place shall lock the ignition, remove the key and take same with him.
Section 27-907. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run
over or kill any animal, wild or domestic, with a snowmobile.
Section 27-908. VIOLATIONS. Every person convicted of a violation of any of the provisions of this
ordinance shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a
period of not more than ninety (90) days, or both, but in either case the costs of prosecution may be added.
Section 27-909. SEVERABILITY. Should any section, subdivision, clause or other provision of this
ordinance be held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of
the ordinance as a whole, or of any part thereof, other than the part held to be invalid.
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 2020,
at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance related to the operation of all-terrain vehicles, off-highway
motorcycles, snowmobiles and other recreational vehicles within the City.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY CODE
OF ORDINANCES REGARDING THE OPERATION OF SNOWMOBILES, ALL-
TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND OTHER
RECREATIONAL VEHICLES WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Section 27-901 of the Brooklyn Center City Code is hereby amended as follows:
SNOWMOBILES, ALL-TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND
OTHER RECREATIONAL VEHICLES
Section 27-901. DEFINITIONS.
For the purposes of this ordinance Sections 27-901 through 27-908, the terms used herein
shall have the following meanings ascribed to them:
Person - includes an individual, partnership, corporation, the state and its agencies and
subdivisions, and any body of persons, whether incorporated or not.
Snowmobile - means a self-propelled vehicle designed for travel on snow or ice or natural
terrain steered by wheels, skis or runners.
Owner - means a person, other than a lien holder, having the property ownership in or title
to snowmobile a recreational vehicle and entitled to the use or possession thereof.
Operate - means to ride in or on and control the operation of a snowmobile recreational
vehicle.
Operator - means every person who operates or is in actual physical control of a
snowmobile recreational vehicle.
2
Roadway - means that portion of a highway improved, designed, or ordinarily used for
vehicular travel, including the shoulder.
Street or highway - means the entire width between boundary lines of any way or place
when any part thereof is open to the use of the public, as a matter of right, for the purposes
of vehicular traffic.
All-Terrain Vehicle or ATV - means a motorized vehicle with (1) not less than three but
not more than six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000
pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65
inches or less. An all-terrain vehicle includes Class 1 all-terrain vehicles and Class 2 all-
terrain vehicles. An all-terrain vehicle does not include a golf cart, mini-truck, dune buggy,
or go-cart, or a vehicle designed and used specifically for lawn maintenance, agriculture,
logging, or mining purposes. All ATV’s must be registered with the Minnesota Department
of Natural Resources, unless exempted. ATV’s must also be registered with Hennepin
County.
Off-Highway Motorcycle - means a motorized, off-highway vehicle traveling on two
wheels and having a seat or saddle designed to be straddled by the operator and handlebars
for steering control, including a vehicle that is registered under Minnesota Statutes Chapter
168 for highway use if it is also used for off-highway operation on trails or unimproved
terrain.
Recreational Vehicle - means a self-propelled vehicle, including an ATV, off-highway
motorcycle, snowmobile, motorized golf cart, utility task vehicle, or any other vehicle
designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners, or
a vehicle designed for operation on a paved surface that is not licensed by the Minnesota
Department of Public Safety or equivalent agency in another state for operation on public
roads. A recreational vehicle does not include a mini truck, a wheelchair, or a electronic
personal assistive mobility device, as defined in Minnesota Statutes, section 169.011. This
term is a general reference to all of the types of vehicles regulated under Sections 27-901
through 27-908.
Utility Task Vehicle – means a side-by-side, four-wheel drive, off-road vehicle that has
four wheels, is propelled by an internal combustion engine with a piston displacement
capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less
than 2,600 pounds.
ARTICLE II. Section 27-902 and 27-903 of the Brooklyn Center City Code regarding the
operation of snowmobiles within the City are hereby deleted and replaced with the following:
Section 27-902. UNLAWFUL OPERATION. It shall be unlawful for any person to
operate a recreational vehicle within the limits of the City, unless such operation is within one of
the following limited exemptions:
1. On public streets or highways in an emergency, but only when travel by automobile
3
is rendered practically impossible because of the depth of snow on streets and
highways. Any such operation may only be on the righthand side of such street or
highway and in the same direction as the regular flow of traffic;
2. On public streets or highways when operated in a parade or other civic function
authorized by the city council or chief of police;
3. On a public street or highway which has been closed by lawful order to vehicular
traffic for the purpose of allowing use by a recreational vehicle;
4. Entirely within an enclosed building when the use of a recreational vehicle is part
of a commercial use authorized under the City’s zoning regulations;
5. The operation of recreational vehicles by police, fire, ambulance, or other
emergency services as part of providing services within the City;
6. The operation of recreational vehicles by City public works staff as part of their
official duties;
7. For the immediate loading or unloading of a recreational vehicle onto or from a
trailer or other vehicle; or
8. The operation of recreational vehicles by a public utility company as part of its
construction or maintenance activities.
9. The operation of recreational vehicles on a private property with the consent of the
owner between the hours of 7am to 10m.
All references to the operation of a recreational vehicle within the City under Sections 27-901
through 27-908 are limited to operations occurring under the one of the above exceptions. All
other operations of recreational vehicles within the City including, but not limited to, operations
on private property, streets, or highways, are prohibited and constitute a violation of this Code.
Section 27-903. OPERATION RESTRICTIONS AND LIMITATIONS. To the extent the
operation of a recreational vehicle is allowed under Section 27-902, it is unlawful for any person
to operate such recreational vehicle:
1. In a careless, reckless, or negligent manner so as to endanger the person or property
of another or to cause injury or damage thereto;
2. In a manner so as to create a loud, unnecessary, or unusual noise which disturbs,
annoys or interferes with the peace and quiet of other persons;
3. While under the influence of intoxicating liquor or narcotics or habit-forming
4
drugs;
4. So as to tow any person or thing on a highway except through the use of rigid tow
bar attached to the rear of the snowmobile, all-terrain vehicle, off-highway
motorcycle or recreational vehicle; or
5. At a rate of speed greater than reasonable or proper under all the surrounding
circumstances.
ARTICLE III. Section 27-904 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-904. EQUIPMENT.
1. To the extent the operation of a snowmobile (recreational vehicle) is allowed under
Section 27-902, it It is unlawful for any person to operate a snowmobile any place
within the limits of the City of Brooklyn Center unless it is equipped with the
following:
1.a. Standard mufflers which are properly attached and in constant operation,
and which reduce the noise of operation of the motor to the minimum
necessary for operation. Mufflers shall comply with Regulation NR57
which is hereby adopted by reference. No person shall use a muffler cutout,
bypass, straight pipe or similar device on a snowmobile motor, and the
exhaust system shall not emit or produce a sharp popping or crackling
sound. Mufflers shall comply with Minnesota Rules Part 6100.5700.
2.b. Brakes adequate to control the movement of and to stop and hold the
snowmobile under any conditions of operation.
3.c. A safety or so-called “deadman” throttle in operating condition, so that
when pressure is removed from the accelerator or throttle, the motor is
disengaged from the driving track.
4.d. At least one clear lamp attached to the front with sufficient intensity to
reveal persons and vehicles at a distance of at least 100 feet ahead during
the hours of darkness under normal atmospheric conditions. Such head lamp
shall be so aimed that glaring rays are not projected into the eyes of an
oncoming vehicle operator. It shall also be equipped with at least one red
tail lamp having a minimum candle power of sufficient intensity to exhibit
a red light plainly visible from a distance of 500 feet to the rear during the
hours of darkness under normal atmospheric conditions. The equipment
shall be in operating condition when the vehicle is operated between the
hours of one-half hour after sunset to one-half hour before sunrise or at
times of reduced visibility.
5.e. Reflective material at least 16 square inches on each side, forward of the
5
handlebars so as to reflect or beam light at a 90-degree angle.
2. No recreational vehicle shall be operated within the limits of the City unless it is
equipped with the equipment required by Minnesota Rules, Part 6102.0040.
ARTICLE IV. Section 27-905 of the Brooklyn Center City Code is hereby deleted and replaced
with the following:
Section 27-905. PROHIBITION ON PERSON IN LAWFUL CONTROL. It shall be
unlawful for any person who is in lawful control of a recreational vehicle to permit it to be operated
contrary to Sections 27-901 through 27-908.
ARTICLE V. Section 27-906 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-906. LEAVING SNOWMOBILE, ALL-TERRAIN VEHICLE, OFF-
HIGHWAY MOTORCYCLE OR RECREATIONAL VEHICLE UNATTENDED. Every person
leaving a snowmobile recreational vehicle in a public place shall lock the ignition, remove the key,
and take same with him them.
ARTICLE VI. Section 27-907 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-907. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive,
chase, run over or kill any animal, wild or domestic, with a snowmobile recreational vehicle.
ARTICLE VII. Section 27-909 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-909. SEVERABILITY. Should any section, subdivision, clause or other
provision of this ordinance be held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other
than the part held to be invalid.
ARTICLE VIII. Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
Adopted this ___ day of __________, 2020.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication _________________________
6
Effective Date _____________________________
(Strikeout indicates material to be deleted, double underline indicates new material.)
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 2020,
at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance related to the operation of all-terrain vehicles, off-highway
motorcycles, snowmobiles and other recreational vehicles within the City.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY CODE
OF ORDINANCES REGARDING THE OPERATION OF SNOWMOBILES, ALL-
TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND OTHER
RECREATIONAL VEHICLES WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Section 27-901 of the Brooklyn Center City Code is hereby amended as follows:
SNOWMOBILES, ALL-TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND
OTHER RECREATIONAL VEHICLES
Section 27-901. DEFINITIONS.
For the purposes of this ordinance Sections 27-901 through 27-908, the terms used herein
shall have the following meanings ascribed to them:
Person - includes an individual, partnership, corporation, the state and its agencies and
subdivisions, and any body of persons, whether incorporated or not.
Snowmobile - means a self-propelled vehicle designed for travel on snow or ice or natural
terrain steered by wheels, skis or runners.
Owner - means a person, other than a lien holder, having the property ownership in or title
to snowmobile a recreational vehicle and entitled to the use or possession thereof.
Operate - means to ride in or on and control the operation of a snowmobile recreational
vehicle.
Operator - means every person who operates or is in actual physical control of a
snowmobile recreational vehicle.
2
Roadway - means that portion of a highway improved, designed, or ordinarily used for
vehicular travel, including the shoulder.
Street or highway - means the entire width between boundary lines of any way or place
when any part thereof is open to the use of the public, as a matter of right, for the purposes
of vehicular traffic.
All-Terrain Vehicle or ATV - means a motorized vehicle with (1) not less than three but
not more than six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000
pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65
inches or less. An all-terrain vehicle includes Class 1 all-terrain vehicles and Class 2 all-
terrain vehicles. An all-terrain vehicle does not include a golf cart, mini-truck, dune buggy,
or go-cart, or a vehicle designed and used specifically for lawn maintenance, agriculture,
logging, or mining purposes. All ATV’s must be registered with the Minnesota Department
of Natural Resources, unless exempted. ATV’s must also be registered with Hennepin
County.
Off-Highway Motorcycle - means a motorized, off-highway vehicle traveling on two
wheels and having a seat or saddle designed to be straddled by the operator and handlebars
for steering control, including a vehicle that is registered under Minnesota Statutes Chapter
168 for highway use if it is also used for off-highway operation on trails or unimproved
terrain.
Recreational Vehicle - means a self-propelled vehicle, including an ATV, off-highway
motorcycle, snowmobile, motorized golf cart, utility task vehicle, or any other vehicle
designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners, or
a vehicle designed for operation on a paved surface that is not licensed by the Minnesota
Department of Public Safety or equivalent agency in another state for operation on public
roads. A recreational vehicle does not include a mini truck, a wheelchair, or a electronic
personal assistive mobility device, as defined in Minnesota Statutes, section 169.011. This
term is a general reference to all of the types of vehicles regulated under Sections 27-901
through 27-908.
Utility Task Vehicle – means a side-by-side, four-wheel drive, off-road vehicle that has
four wheels, is propelled by an internal combustion engine with a piston displacement
capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less
than 2,600 pounds.
ARTICLE II. Section 27-902 and 27-903 of the Brooklyn Center City Code regarding the
operation of snowmobiles within the City are hereby deleted and replaced with the following:
Section 27-902. UNLAWFUL OPERATION. It shall be unlawful for any person to
operate a recreational vehicle within the limits of the City, unless such operation is within one of
the following limited exemptions:
1. On public streets or highways in an emergency, but only when travel by automobile
3
is rendered practically impossible because of the depth of snow on streets and
highways. Any such operation may only be on the righthand side of such street or
highway and in the same direction as the regular flow of traffic;
2. On public streets or highways when operated in a parade or other civic function
authorized by the city council or chief of police;
3. On a public street or highway which has been closed by lawful order to vehicular
traffic for the purpose of allowing use by a recreational vehicle;
4. Entirely within an enclosed building when the use of a recreational vehicle is part
of a commercial use authorized under the City’s zoning regulations;
5. The operation of recreational vehicles by police, fire, ambulance, or other
emergency services as part of providing services within the City;
6. The operation of recreational vehicles by City public works staff as part of their
official duties;
7. For the immediate loading or unloading of a recreational vehicle onto or from a
trailer or other vehicle; or
8. The operation of recreational vehicles by a public utility company as part of its
construction or maintenance activities.
9. The operation of snowmobile for direct access to a ajoining property where
snowmobile use is permitted.
10. The operation of a recreational vehicle for the sole use of onsite landscaping
construction project, or snow removal.
All references to the operation of a recreational vehicle within the City under Sections 27-901
through 27-908 are limited to operations occurring under the one of the above exceptions. All
other operations of recreational vehicles within the City including, but not limited to, operations
on private property, streets, or highways, are prohibited and constitute a violation of this Code.
Section 27-903. OPERATION RESTRICTIONS AND LIMITATIONS. To the extent the
operation of a recreational vehicle is allowed under Section 27-902, it is unlawful for any person
to operate such recreational vehicle:
1. In a careless, reckless, or negligent manner so as to endanger the person or property
of another or to cause injury or damage thereto;
2. In a manner so as to create a loud, unnecessary, or unusual noise which disturbs,
annoys or interferes with the peace and quiet of other persons;
4
3. While under the influence of intoxicating liquor or narcotics or habit-forming
drugs;
4. So as to tow any person or thing on a highway except through the use of rigid tow
bar attached to the rear of the snowmobile, all-terrain vehicle, off-highway
motorcycle or recreational vehicle; or
5. At a rate of speed greater than reasonable or proper under all the surrounding
circumstances.
ARTICLE III. Section 27-904 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-904. EQUIPMENT.
1. To the extent the operation of a snowmobile (recreational vehicle) is allowed under
Section 27-902, it It is unlawful for any person to operate a snowmobile any place
within the limits of the City of Brooklyn Center unless it is equipped with the
following:
1.a. Standard mufflers which are properly attached and in constant operation,
and which reduce the noise of operation of the motor to the minimum
necessary for operation. Mufflers shall comply with Regulation NR57
which is hereby adopted by reference. No person shall use a muffler cutout,
bypass, straight pipe or similar device on a snowmobile motor, and the
exhaust system shall not emit or produce a sharp popping or crackling
sound. Mufflers shall comply with Minnesota Rules Part 6100.5700.
2.b. Brakes adequate to control the movement of and to stop and hold the
snowmobile under any conditions of operation.
3.c. A safety or so-called “deadman” throttle in operating condition, so that
when pressure is removed from the accelerator or throttle, the motor is
disengaged from the driving track.
4.d. At least one clear lamp attached to the front with sufficient intensity to
reveal persons and vehicles at a distance of at least 100 feet ahead during
the hours of darkness under normal atmospheric conditions. Such head lamp
shall be so aimed that glaring rays are not projected into the eyes of an
oncoming vehicle operator. It shall also be equipped with at least one red
tail lamp having a minimum candle power of sufficient intensity to exhibit
a red light plainly visible from a distance of 500 feet to the rear during the
hours of darkness under normal atmospheric conditions. The equipment
shall be in operating condition when the vehicle is operated between the
hours of one-half hour after sunset to one-half hour before sunrise or at
times of reduced visibility.
5
5.e. Reflective material at least 16 square inches on each side, forward of the
handlebars so as to reflect or beam light at a 90-degree angle.
2. No recreational vehicle shall be operated within the limits of the City unless it is
equipped with the equipment required by Minnesota Rules, Part 6102.0040.
ARTICLE IV. Section 27-905 of the Brooklyn Center City Code is hereby deleted and replaced
with the following:
Section 27-905. PROHIBITION ON PERSON IN LAWFUL CONTROL. It shall be
unlawful for any person who is in lawful control of a recreational vehicle to permit it to be operated
contrary to Sections 27-901 through 27-908.
ARTICLE V. Section 27-906 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-906. LEAVING SNOWMOBILE, ALL-TERRAIN VEHICLE, OFF-
HIGHWAY MOTORCYCLE OR RECREATIONAL VEHICLE UNATTENDED. Every person
leaving a snowmobile recreational vehicle in a public place shall lock the ignition, remove the key,
and take same with him them.
ARTICLE VI. Section 27-907 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-907. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive,
chase, run over or kill any animal, wild or domestic, with a snowmobile recreational vehicle.
ARTICLE VII. Section 27-909 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-909. SEVERABILITY. Should any section, subdivision, clause or other
provision of this ordinance be held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other
than the part held to be invalid.
ARTICLE VIII. Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
Adopted this ___ day of __________, 2020.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
6
Date of Publication _________________________
Effective Date _____________________________
(Strikeout indicates material to be deleted, double underline indicates new material.)
MEMOR ANDUM - C OUNCIL WOR K SESSION
DAT E:11/9/2020
TO :C ity C ouncil
F R O M:C urt Boganey, C ity Manager
T HR O UG H:N/A
BY:Meg Beekman, C ommunity Development Director
S UBJ EC T:F air Housing P olicy
Background:
At the March 9, 2020, C ity C ounc il meeting, the C ity C ouncil held a disc ussion regarding the Housing P olicy
F ramework. At that meeting numerous hous ing related efforts were disc ussed. Adoption of a fair housing
policy was disc ussed and the C ity C ouncil directed staff to work with the Hous ing C ommission to draft a fair
hous ing polic y.
A fair housing policy is required for c ities to partic ipate in the Metropolitan C ouncil's livable communities
acc ount, whic h offers grant programs that support development projects . T he polic y outlines a c ity's position
on fair housing and identifies how fair housing res ourc es are gathered and dis s eminated. It also outlines the
process for how the c ity will address fir housing complaints.
T he Hous ing C ommission has met over several months on multiple occ as ion working to c reate a F air Housing
P olicy.
T he C ommission initially reviewed numerous versions of F air Hous ing P olic ies throughout Minnes ota.
T he c ommis s ion initially determined to draft a F air Hous ing P olic y that inc orporated many of the
functions from Bloomington and R ic hfield's policy.
T he Hous ing C ommission disc ussed the draft ordinanc e with attorney R obert Alsop, with Kennedy and
G raven.
T he general feedback with the draft policy was well written and covered the common items
addres s in a fair housing policy.
F eedback was reques ted from multiple agency's such as AC ER , Hous ing Jus tic e C enter, Homeline,
etc . F eedbac k from Homeline was rec eived and reviewed by the Housing C ommis s ion.
F urther, the Hous ing C ommission reviewed and dis cus s online content relating to F air Hous ing. With
the review of the Housing C ommis s ion a page has already been c reated and published on the
C ity's webpage.
O verview of Draft Housing P olicy:
S taff training on fair hous ing state and federal laws including the complaint and referral proc es s .
In person or online information provided by the city for numerous fair hous ing resources
T he adoption of c ertain polic ies that support fair housing practices
Includes requirement for the internal review of ordinanc es and c ity func tions relating to fair hous ing
O utlines expectations for community engagement
Affirms furthering fair hous ing
Most of the ac tions identified in the draft F air Housing P olicy are activities that the city has already been doing;
however, the polic y s erves to gather information, resources and the c ity's obligations in one plac e. T he draft
F air Hous ing P olic y is attac hed.
O ne adopted, s taff will ensure that the required res ourc es are collec ted and available for both online and in
pers on viewing. S taff will als o review what additional polic ies might need to be addres s ed. T he polic y calls for
analys is of the C ity's hous ing stock, its municipal code, future development projec ts through the lens of
furthering fair housing practice. T hese are ac tivities that are c urrently in proc es s and would continue on an
ongoing basis.
Policy Issues:
- Does the C ity C ounc il have any rec ommended changes or concerns related to the draft fair housing P olicy?
- Is the C ity C ouncil comfortable with direc ting s taff to prepare a res olution adopting the propos ed F air
Housing P olicy for C ity C ounc il c onsideration at a future meeting?
AT TAC HME N T S:
Desc ription Upload Date Type
Draft F air Housing 11/4/2020 Bac kup Material
Approved F air Housing 11/4/2020 Bac kup Material
Brooklyn C enter MN O fficial Website 11/4/2020 Bac kup Material
City of Brooklyn Center
Housing and Redevelopment Authority
Fair Housing Policy
1. Purpose/Vision
Title VIII of the Civil Rights Act establishes federal policy for providing fair housing throughout
the United States. The intent of Title VIII is to ensure equal housing opportunities for all citizens.
Furthermore, the City of Brooklyn Center, as a recipient of federal funds, is obligated to certify
that it will affirmatively further fair housing.
The City of Brooklyn Center strives to advance its commitment to inclusion and equity by
developing this Fair Housing Policy to further the goal of creating a community where all
residents will thrive.
2. Fair Housing Policy Statement
It is the policy and commitment of the City of Brooklyn Center to ensure that fair and equal
housing opportunities are available to all persons in all housing opportunities and development
activities funded by the city regardless of race, color, religion, gender identity, sexual
orientation, marital status, status with regard to public assistances, familial status, national
origin, citizenship status, or disability. This is done through meaningful access to fair housing
information and referral services for all constituents and through internal practices and
procedures that promote fair housing throughout the community.
3. General Practices
The City of Brooklyn Center commits to the following steps to promote awareness and
competency of fair housing issues in all of its government functions.
a. Intake and Referral
The City of Brooklyn Center has designated the Multi-Family Housing Specialist as the
responsible authority for the intake and referral of all fair housing complaints. At a
minimum, the Multi-Family Housing Specialist will be familiar with state and federal fair
housing laws, the complaint process for filing discrimination complaints, and the state
and federal agencies that handle complaints.
The date, time, and nature of the fair housing complaint and the referrals and
information given will be fully documented.
The Multi-Family Housing Specialist will advise the City Council and Housing Commission
on City programs and policies affecting fair housing and identify issues and concerns
where appropriate.
b. Meaningful Access
i. Online Information. The City of Brooklyn Center will display information
about fair housing prominently on its website. The website will include
links to various fair housing resources, including the Department of
Housing and Urban Development, Minnesota Department of Human
Rights, Mid-Minnesota Legal Aid, and others, as well as links to state
and federal fair housing complaint forms. In addition, the City will post
the following documents on its website as they are adopted:
1. Reasonable Accommodation Policy
2. Limited English Proficiency (LEP Policy)
3. Americans with Disabilities Act (ADA) Policy regarding access to
City services
4. The State of Minnesota’s Olmsted Plan
5. Fair Housing Policy
6. Tenant rights and responsibilities Handbook
ii. In-Person Information. The City of Brooklyn Center will provide fair
housing information to anyone requesting the following information
in person at the city offices; information provided will include:
1. A list of fair housing enforcement agencies;
2. Fair Housing: Equal Opportunity for All information booklet;
3. Fair housing complaint forms for enforcement agencies; and
4. Tenant rights and responsibilities Handbook.
iii. Languages. The City of Brooklyn Center is committed to providing
information in the native language of its residents. The City will provide
information in languages other than English as needed.
c. Require landlords to provide Brooklyn Center’s fair housing policy to new
applicants and tenants.
d. Staff and Officials Training. The City will provide training on an ongoing
basis to its staff and housing officials on fair housing considerations.
e. Housing Analysis. The City will review its housing inventory and community
needs annually to examine the availability and affordability of both rental and
owner-occupied housing for all residents in order to have such information
available for future City actions.
f. Code Analysis. The City will review its municipal code annually, to identify
impediments to accessing housing and any potential for disparate impact or
treatment.
g. Project Planning and Analysis. City planning functions and development review
will consider whether potential projects may perpetuate segregation or lead to
displacement of protected classes for developments seeking financial assistance
from the City.
h. Community Engagement. The City will seek community input, particularly from
underrepresented populations in the community, with regard to fair housing
issues, development, zoning, and land use changes facilitated by the City.
i. Affirmatively Furthering Fair Housing. As a subrecipient of federal funds, the
City will, as requested by Hennepin County as the entitlement jurisdiction,
participate in the Regional Analysis of Impediments, as organized by the
regional Fair Housing Implementation Council (FHIC), an ad hoc coalition of
Community Development Block Grant (CDBG) entitlement jurisdictions and
others working together to affirmatively further fair housing. The City will
review the recommendations from the analysis for potential integration into
City planning documents, including the Comprehensive Plan and other
applicable documents.
Fair Housing Policy
1. Purpose and Vision
Title VIII of the Civil Rights Act establishes federal policy for providing fair housing throughout
the United States. The intent of Title VIII is to assure equal housing opportunities for all
citizens. Furthermore, the City of Bloomington, as a recipient of federal community
development funds under Title I of the Housing and Community Development Act of 1974, is
obligated to certify that it will affirmatively further fair housing.
The City of Bloomington strives to advance its commitment to inclusion and equity by
developing this Fair Housing Policy to further the goal of creating a vibrant, safe, and healthy
community where all residents will thrive.
2. Policy Statement
It is the policy and commitment of the City of Bloomington to ensure that fair and equal housing
opportunities are available to all persons in all housing opportunities and development activities
funded by the City regardless of race, color, religion, sex, sexual orientation, marital status,
status with regard to public assistance, creed, familial status, national origin, or disability. This
is done through external policies to provide meaningful access to all constituents as well as fair
housing information and referral services; and through internal practices and procedures that
promote fair housing and support the City’s equity and inclusion goals.
City of Bloomington, Minnesota
Fair Housing Policy
2
3. External Practices
a. Intake and Referral
The City of Bloomington has designated the Staff Liaison to the Human Rights
Commission as the responsible authority for the intake and referral of all fair housing
complaints. At a minimum the Staff Liaison will be trained in state and federal fair
housing laws, the complaint process for filing discrimination complaints, and the state
and federal agencies that handle complaints. The date, time, and nature of the fair
housing complaint and the referrals and information given will be fully documented. The
Human Rights Commission will advise the City Council on City programs and policies
affecting fair housing and raise issues and concerns where appropriate.
b. Meaningful Access
i. Online Information. The City of Bloomington will continue to display
information about fair housing prominently on its website. The website
will continue to include links to various fair housing resources, including
the Department of Housing and Urban Development, Minnesota
Department of Human Rights, Mid-Minnesota Legal Aid, and others as
well as links to state and federal fair housing complaint forms. In
addition, the City will post the following documents on its website:
1. Reasonable Accommodation Policy;
2. Limited English Proficiency (LEP) Policy;
3. Americans with Disabilities Act (ADA) Policy regarding access to
City services; and
4. The State of Minnesota’s Olmstead Plan.
ii. In-Person Information. The City of Bloomington will provide in-person
fair housing information including:
1. A list of fair housing enforcement agencies;
2. Frequently asked questions regarding fair housing law; and
3. Fair housing complaint forms for enforcement agencies
City of Bloomington, Minnesota
Fair Housing Policy
3
c. Languages. The City of Bloomington is committed to providing information in
the native language of its residents. The City of Bloomington will provide
information in languages other than English as described in its LEP Policy.
4. Internal Practices
The City of Bloomington commits to the following steps to promote awareness and
competency regarding fair housing issues in all of its government functions.
a. Staff and Officials Training. The City will continue to train its staff and officials
on fair housing considerations.
b. Housing Analysis. The City will review its housing periodically to examine the
affordability of both rental and owner-occupied housing to inform future City
actions.
c. Code Analysis. The City will review its municipal code periodically, with
specific focus on ordinances related to zoning, building, and occupancy standards,
to identify any potential for disparate impact or treatment.
d. Project Planning and Analysis. City planning functions and development review
will consider housing issues, including whether potential projects may perpetuate
segregation or lead to displacement of protected classes.
e. Community Engagement. The City will seek input from underrepresented
populations in the community. Conversations regarding fair housing,
development, zoning, and land use changes may be facilitated by the City.
f. Affirmatively Furthering Fair Housing. As a recipient of federal funds, the City
agrees to participate in the Regional Analysis of Impediments, as organized by the
regional Fair Housing Implementation Council (FHIC), an ad hoc coalition of
Community Development Block Grant (CDBG) entitlement jurisdictions and
City of Bloomington, Minnesota
Fair Housing Policy
4
others working together to affirmatively further fair housing. The City will
review the recommendations from the analysis for potential integration into City
planning documents, including the Consolidated Plan, the Comprehensive Plan,
and other related documents.
Adopted by the City Council on August 6, 2018
10/29/2020 Brooklyn Center, MN - Official Website - Fair Housing
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You are here: Home > Your Government > Departments > Community Development > Fair Housing
The City of Brooklyn Center does not discriminate on the basis of race, color, religion, sex, national origin, age or disability in the admission or
access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in all City services, programs and activities.
The Federal Fair Housing Act prohibits discrimination in housing because of:
Race or color
National origin
Religion
Sex
Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody
of children under 18)
Handicap (disability)
Visit Hud.gov for more information on Federal Fair Housing Laws and LawHelpMN.org for information on tenants' rights in Minnesota.
The Minnesota Human Rights Act (Statute 363A) mirrors the federal legislation, prohibiting discrimination based on:
Race or color
National origin
Religion
Sex
Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody
of children under 18)
Handicap (disability)
Additionally, it prohibits discrimination based on:
Sexual or affectional orientation
Marital status
Creed
Status with regard to receipt of public assistance
For more information on Minnesota's State Statues on Human Rights
Fair housing covers most housing. In some circumstances, fair housing laws exempt owner-occupied buildings with no more than four units,
single-family housing sold or rented without the use of a broker and housing operated by organizations and private clubs that limit occupancy to
members.
In the sale and rental of housing: No one may take any of the following actions:
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale or rental
For profit, persuade owners to sell or rent (blockbusting)
Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing
In mortgage lending: No one may take any of the following actions:
Refuse to make a mortgage loan
Refuse to provide information regarding loans
Impose different terms or conditions on a loan, such as different interest rates, points or fees
Discriminate in appraising property
Refuse to purchase a loan
Set different terms or conditions for purchasing a loan
In addition: It is illegal for anyone to:
Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status or
handicap (disability). This prohibition against discriminatory advertising applied to single-family and owner-occupied housing that is
otherwise exempt from the Fair Housing Act.
If you or someone associated with you:
Have a physical or mental disability(including hearing, mobility and visual impairments, cancer, chronic mental illness, AIDS, AIDS Related
Complex and mental retardation) that substantially limits one or more major life activities
Have a record of such a disability
Are regarded as having such a disability
Your landlord may not:
Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled
person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original
condition when you move)
Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing
Fair Housing
Equal Housing Opportunity
The Federal Fair Housing Act and the Minnesota Human Rights Act
What housing is covered?
What actions are prohibited?
Additional protections if you have a disability
Administrative Penalty
Program
Bee Keeping
Building & Construction
Regulations/Permits
Community Connections-New
Neighborhood Bag
Economic Development
Housing Programs
Fair Housing
Opportunity Site-Site Plan
Concept
Ownership Services/Assessing
Planning & Zoning
Property Maintenance & Code
Enforcement
Rental Program
Rental Inspections
RFQ
Vacant Building Program
Staff Directory
A A A
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Example: A building with a "no pets" policy must allow service animals as defined by the Americas with Disabilities Act, such as a person with
visual impairments to keep a guide dog.
However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal
drugs.
Also see Fair Housing for Seniors with Disabilities
or see Hud Disability in Housing
In buildings that are ready for first occupancy after March 13, 1991, and have an elevator or four or more units:
Public and common areas must be accessible to persons with disabilities
Doors and hallways must be wide enough for wheelchairs
All units must have:
An accessible route into and through the unit
Accessible light switches, electrical outlets, thermostats and other environmental controls
Reinforced bathroom walls to allow later installation of grab bars
Kitchen and bathrooms that can be used by people in wheelchairs
If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground
floor units.
These requirements for new buildings do not replace any more stringent standards in State or local law.
For more examples and information on this topic, see Reasonable Accommodations in Housing provided by LawHelpMN.org
Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not
discriminate against families in which one or more children under 18 live with:
A parent
A person who has legal custody of the child or children
The designee of the parent or legal custodian, with the parent or custodian's written permission
Familial status protection also applies to pregnant woman and anyone securing legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:
The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or Local
government program
It is occupied solely by persons who are 62 or older
It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an
intent to house persons who are 55 or older.
A transition period permits residents on or before September 13, 1998 to continue living in the housing, regardless of their age, without interfering
with an exemption
These agencies may be able to provide you with important information or help you file a housing complaint:
Home Line Tenant Hotline
PH: 612-728-5767 or 866-866-3546
NEW! How to be the Smartest Renter on your Block...A Minnesota Tenant's Rights Guide Home Line is selling this booklet to help
with renters through the process of finding, getting and maintaining rental housing, with special emphasis on tenant's rights. Click the
link above for more information.
HUD's Office of Fair Housing and Equal Opportunity
PH: 800-669-9777 or TTY: 800-927-9275
HUD Complaint Link
HUD Fair Housing Rights & Obligations
HUD Fair Housing Resources
LawHelpMN.org
Housing Discrimination Information
Legal Aid Society For Hennepin County
PH: 612-334-5970 or TTY: 612-332-4668
Minnesota Attorney General's Office
PH: 651-296-3353 or 800-657-3787 or TTY: 800-366-4812
Minnesota Department of Human Rights
PH: 651-296-5663 or TTY: 651-296-1283 or 800-657-3704
Before you contact any of the above organizations to file a discrimination complaint, it would be beneficial to have the following information
available:
Your name and address
The name and address of the person your complaint is against
The address of the housing involved
A short description of the event that caused you to believe your rights were violated
The date(s) of the alleged violation
Hennepin County Courts offers free legal advice through their "Legal Access Point Clinics". For clinic hours, visit mncourts.gov/Help-Topics/Self-
Help-Centers.aspx. Don't forget to check out their Self-Help Center while you are there.
Community Action Partnership, in collaboration with Volunteer Lawyers Network, has begun offering legal services clinics in suburban Hennepin
County. For dates and times, visit the Volunteer Lawyers Network website
Requirements for new buildings
Housing opportunities for families
Where can I file a fair housing complaint or find out more about fair housing and tenants' rights?
Where can I get legal advice?
MEMOR ANDUM - C OUNCIL WOR K SESSION
DAT E:11/9/2020
TO :C ity C ouncil
F R O M:C urt Boganey, C ity Manager
T HR O UG H:N/A
BY:C ornelius L. Boganey, C ity Manager
S UBJ EC T:P ending Items
Recommendation:
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Council R etreat F ollow-up
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all contrac ts
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