HomeMy WebLinkAbout07-10-23 CCPCouncil Study Session
City Hall Council Chambers
J uly 10, 2023 AGE NDA
1.City Council Discussion of Agenda Items and Questions - 6:00 p.m.
2.M iscellaneous
3.Discussion of Work S ession Agenda Item as T ime P ermits
4.Adjourn
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
J uly 10, 2023
AGE NDA
1.Informal Open Forum with City Council - 6:45 p.m.
T his is an opportunity for the p ublic to ad d res s the C ity C o uncil o n items that are no t o n the
agenda. It is limited to 15 minutes , it is not televis ed , and it may not be us ed to make pers onal
attacks , air personality grievances, make political endorsements, or for political campaign
purposes. C o uncil Memb ers will not enter into a d ialo gue with the p res enter. Q ues tions from
the C ounc il will be fo r c larificatio n p urpos es o nly. It will no t b e us ed as a time for problem-
s olving o r reac ting to the comments mad e but, rather, for hearing the pres enter for
informational purposes only.
T he firs t call will b e for thos e that have no tified the C lerk that they would like to s p eak during
the open forum, and then ask if anyo ne c onnected to this meeting would like to s p eak. W hen
called up o n, p leas e indic ate yo ur name and then p ro ceed. P leas e b e s ure to s tate your name
and addres s before s peaking.
2.Invocation - Kragness - 7 p.m.
3.Call to Order Regular Business M eeting
Attendees please turn o ff cell phones and pages during the meeting. A copy of the full me e ting packet
is available in the binder at the entrance to the Council Chambers.
4.Roll Call
5.P ledge of Allegiance
6.Approval of Agenda and Consent Agenda
These items are considered to be routine by the C ity Council and will be enacted by one
motion. There isn't a separate discussion for these items unless a Counc ilmember so requests,
then it is moved to the end of the Council Consideration I tems.
a.Approval of L icenses
- motion to approve the licenses as presented.
b.Resolution Declaring a P ublic Nuisance and Ordering the Removal of
Diseased Trees at Certain Properties in B rooklyn Center, Minnesota
- Motion to approve a resolution declaring a public nuisance and ordering
the removal of diseased trees at certain properties as listed in the
resolution.
7.P resentations/Proclamations/Recognitions/Donations
a.Presentation of Crime S tatistics Dashboard
- motion to accept the demonstration of the Crime Statistic dashboard that
will be added to the city's website.
8.P ublic Hearings
a.An I nterim Ordinance A uthorizing a S tudy and I mposing a Moratorium on the
Operation of a Cannabis B usiness W ithin the City of Brooklyn Center
- motion to open the public hearing
- take public comment;
- close the public hearing;
- motion to adopt an interim ordinance authorizing a study and imposing a
moratorium on the operation of a cannabis business within the City of
Brooklyn Center
9.P lanning Commission Items
10.Council Consideration Items
a.Resolution I dentifying the Need for L ivable Communities Demonstration
Account (L C D A ) and Predevelopment F unding and A uthorizing A pplication
for Grant F unds for Resurrecting Faith World Ministries Conference/E vent
Center
- Motion to approve the resolution identifying the need for Livable
Communities Demonstration Account and Pre-Development grants and
authorizing an application for grants funds.
b.Resolution I dentifying the Need for L ivable Communities Demonstration
Account (L C D A ) Transit-Oriented Development Funding and Authorizing an
Applications for Grant Funds for A frican Career, Education and Resource
(A C E R) I nnovation and Catalyst Center (I C C)
- Motion to approve the resolution identifying the need for Livable
Communities Demonstration Account Transit-Oriented development
funding and authorizing an application for grants funds.
11.Council Report
12.Adjournment
C ouncil R egular M eeng
DAT E:7/10/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:S hannon Pe,t, D eputy C ity C lerk
S U B J E C T:A pproval of Licens es
Requested Council A con:
- moon to approve the licenses as presented.
B ackground:
The following bus inesses /persons have applied for C ity licens es as noted. Each bus iness/pers on has
fulfilled the requirements of the C ity O rdinance governing respec7ve licens es, s ubmi8ed appropriate
applica7ons, and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12
of the C ity C ode of O rdinances , unles s comments are noted below the property addres s on the a8ached
rental report.
M echanical
A dvanced H ea7ng A nd A ir C ondi7oning
10550 County Rd 81, Maple G rove 55369
A ir M echanical
16411 A berdeen S t N E, H am L ake 55304
A ppliance Connec7ons I nc
12850 Ches tnut Blvd, S hakopee 55379
G enz -Ryan P lbg & H tg C o
2200 W H wy 13, Burnsville 55337
Midwes t Maintenance & Mech
750 Pennsylvania Ave S , G olden Valley 55426
Q uality H ea7ng & A ir S ervices
12912 Ventura Court, S T E #21, S hakopee 55379
Residen7al H ea7ng and A ir, I nc.
7454 Was hington Ave S , Eden P rairie 55344
S unburst H ea7ng & A /C
1556 O akw ays , Wayz ata 55391
S ign H anger ’s L icense
Topline A dver7sing
11775 Justen Circle, #A , Maple G rove 55369
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera7onal Excellence
AT TA C H M E N TS :
D escrip7on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rentals 7/3/2023 Backup M aterial
Page 2 of 2
b.Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events
categorized as Part I crimes in the Uniform Crime Reporting System including
homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are “Family or household members” as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of
Units
Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No
Category
Impact
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
Type I – 3 Year 1-2 units 0-2
3+ units 0-0.75
Type II – 2 Year 1-2 units Greater than 2 but not more than 5
3+ units Greater than 0.75 but not more than 1.5
Type III – 1 Year 1-2 units Greater than 5 but not more than 9
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 units Greater than 9
3+ units Greater than 3
Location Address License Subtype Renewal/Initial Owner
Property Code
Violations
License
Type Police CFS*
Final
License
Type**
Previous
License
Type***
Consecutive
Type IV's
6135 Camden Ave N Single Initial PRIME PARTNERS LLC
4 Type II N/A Type II N/A N/A
7207 France Ave N Single Initial P KIBAARA & J KIBAARA 10 Type IV N/A Type IV N/A 0
1107 57th Ave N
Multiple Family
1 Bldg 4 Units Renewal
Alexander Irwin
Met Requirements 25 = 6.25 per unit Type IV 0 Type IV Type IV 3
1200 67th Ave N
Multiple Family
1 Bldg 18 Units Renewal T H Morrow & R J Morrow 51 = 2.83 per unit Type III 0 Type III Type II N/A
2802 Northway Dr
Multiple Family
21 Bldgs 252 Units Renewal G B Homes Llc 332 = 1.32 per unit Type II
10/1/22 - Disturbance
9/10/22 - Aggravated Assault
4/29/23 - Weapons
9/30/22 - Robbery
1/15/23 - Robbery
5 calls = 0.02 per unit no affect on
license Type II Type I N/A
5211 Xerxes Ave N
Multiple Family
2 Bldgs 24 Units Renewal
BMW Holdings
Did not meet requirements 52 = 2.17 per unit Type III 0 Type IV Type IV 5
5523 Lyndale Ave N Two Family Renewal Brett R Hildreth
2 Type I 0 Type I Type I N/A
3512 Woodbine La Single Renewal
Hpa Borrower 2018-1 Ms Llc
Did not meet requirements 3 Type II 0 Type IV Type IV 3
3813 61st Ave N Single Renewal
Deluxe Properties Llc
Did not meet requirements
22 Type IV 0 Type IV Type IV 6
4707 Eleanor La Single Renewal
Cosco Property 4 Llc
Met Requirements 4 Type II 0 Type II Type III N/A
5431 Logan Ave N Single Renewal Cosco Property 3 Llc
11 Type IV 0 Type IV Type II 0
5833 Pearson Dr. Single Renewal Kou M Farngalo 9 Type III 0 Type III Type II N/A
6724 France Ave N Single Renewal
Jessica J Stoll
Met Requirements
8 Type III 0 Type III Type IV N/A
6908 Unity Ave N Single Renewal
Sun Llc
Met Requirements
13 Type IV 0 Type IV Type IV 2
7024 Oliver Cir Single Renewal
Juliana Koe & Warren T
Terry 3 Type II 0 Type II Type II N/A
Rental Licenses for Council Approval 7.10.23
7141 Newton Ave N Single Renewal Ih2 Property Illinois Lp
15 Type IV 0 Type IV Type I 0
7230 Girard Ave N Single Renewal
QZ FUNDING LLC
Did not meet requirements
2 Type I 0 Type III Type III N/A
*CFS = Calls for service for renewal licenses only (Initial licenses are not applicable to calls for service, and will be listed as N/A
**License Type being issued
All properties are current on City utilities and property taxes
***Initial licenses will not show a Type I = 3 Year, Type II = 2 Year, Type III = 1 Year, Type IV = 6 months
C ouncil R egular M eeng
DAT E:7/10/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :L iz H eyman P ublic Works D irector
BY:C ynthia Majors , P ublic Works A dmin A s s is tant
S U B J E C T:Res olu3on D eclaring a P ublic Nuisance and O rdering the Removal of D is eas ed Trees at
C ertain P roper3es in Brooklyn C enter, Minnes ota
Requested Council A con:
- Moon to approve a resoluon declaring a public nuisance and ordering the removal of diseased trees at
certain properes as listed in the resoluon.
B ackground:
The a8ached r esolu3 on repres ents the official C ity C ouncil ac3on required to expedite r emoval of dis eas ed
trees that w ere r ecently marked by the C ity Tree I ns pector. The C ity has maintained a policy of removing
and properly dis pos ing of diseased trees in order to prevent tree dis eas es from spreading thr oughout the
community. The removal of diseased trees is defined in City O rdinance C hapter 20-301 to 20-306. A lthough
the City has his torically focused on D utch Elm dis eas e, other transmis s ible dis eas es and infes ta3 ons are
addressed as well.
P roperty ow ner s are giv en the oppor tunity to remov e the dis eas ed tree on their ow n or enter into an
agreement to allow the C ity to r emove the dis eas ed tree. W here an agreement w ith the property ow ner is
executed, a minimal adminis tra3ve charge of $50 is applied to the cos ts associated with the tree removal.
A Ber a diseased tr ee is declared a public nuisance by the C ity Council, another C ompliance No3 ce w ill be
provided to the property ow ner allowing addi3 onal 3 me, at leas t five (5) days , for voluntary correc3on,
again providing an op3on for an agreement with the C ity. I f the property ow ner does not corr ect the
viola3on or enter into an agr eement, the C ity will remove the dis eas ed tree. A n adminis tra3v e abatement
s ervice charge w ill be impos ed bas ed on the cos t of the abatement, with a minimum charge of $150.
B udget I ssues:
The C ity ’s s hare of the cos t of removal for dis eas ed trees w ithin the public right-of-w ay and on C ity property
is included in the 2023 budget under the P ublic Works For es tr y opera3ng budget. The cos t of removal for
dis eas ed trees located on pr ivate property is the r es pons ibility of the r es pec3v e property ow ner, and if
unpaid, is s pecially as s essed to the property.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip3on U pload D ate Type
D is eas ed Tree M emo 6/29/2023 Cover Memo
D is eas ed Tree Res olu3on 6/29/2023 Resolu3on Le8er
COUNCIL ITEM MEMORANDUM
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to i ts
convenient location and commitment to a healthy environment
DATE: July 10, 2023
TO: Dr. Reggie Edwards, City Manager
THROUGH: Liz Heyman, Public Works Director
FROM: Cynthia Majors, Public Works Admin Technician
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees at Certain Properties in Brooklyn Center, Minnesota
Recommendation:
- Motion to approve a resolution declaring a public nuisance and ordering the removal of
diseased trees at certain properties as listed in the resolution.
Background:
The attached resolution represents the official City Council action required to expedite removal
of diseased trees that were recently marked by the City Tree Inspector. The City has maintained
a policy of removing and properly disposing of diseased trees in order to prevent tree diseases
from spreading throughout the community. The removal of diseased trees is defined in City
Ordinance Chapter 20-301 to 20-306. Although the City has historicall y focused on Dutch Elm
disease, other transmissible diseases and infestations are addressed as well.
Property owners are given the opportunity to remove the diseased tree on their own or enter into
an agreement to allow the City to remove the diseased tree. Where an agreement with the
property owner is executed, a minimal administrative charge of $50 is applied to the costs
associated with the tree removal.
After a diseased tree is declared a public nuisance by the City Council, another Compliance
Notice will be provided to the property owner allowing additional time, at least five (5) days, for
voluntary correction, again providing an option for an agreement with the City. If the property
owner does not correct the violation or enter into an agreement, the City will remove the
diseased tree. An administrative abatement service charge will be imposed based on the cost of
the abatement, with a minimum charge of $150.
Budget Issues:
The City’s share of the cost of removal for diseased trees within the public right-of-way and on
City property is included in the 2023 budget under the Public Works Forestry operating budget.
The cost of removal for diseased trees located on private property is the responsibility of the
respective property owner, and if unpaid, is specially assessed to the property.
Strategic Priorities:
Safe, Secure, Stable Community
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN
BROOKLYN CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree
a public nuisance and provides for abatement by the City if not corrected by the property owner;
and;
WHEREAS, removal of diseased trees and abatement of the public nuisances is
necessary to prevent the spread of tree diseases and to protect the environmental quality and
desirability of neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement
has been issued to the owners of certain properties in the City allowing the owners twenty (20)
days to remove diseased trees on the owners’ property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The diseased tree at the following address is hereby declared to be a public nuisance.
Property Address Tree Type Tree Number
5420 Fremont Ave N Ash 5
5401 Penn Ave N Ash 6
5808 Knox Ave N Ash 7
3612 53rd Ave N Ash 9
7142 France Ave N Ash 10
2. After twenty (20) days from the date of the initial notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to contest the
determination of the City Council by requesting, in writing, a hearing. Said request
shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be
removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be specially
assessed to the property in accordance with City codes and Minnesota Statutes
Chapter 429.
RESOLUTION NO._______________
January 10, 2022
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:7/10/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:Kellace McD aniel, Police Chief
S U B J E C T:P res enta/on of C rime S ta/s/cs D as hboard
Requested Council A con:
- moon to accept the demonstraon of the C rime S tasc dashboard that will be added to the city's
w ebsite.
B ackground:
Commander G are2 F lesland and the City's Crime A nalys t Nate Pogorely will demonstrate the new Crime
S ta/s /cs das hboard that will be added to the city's w ebsite.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Enhanced Community I mage, S afe, S ecure, S table C ommunity, O pera/onal Excellence
C ouncil R egular M eeng
DAT E:7/10/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:J ason H ill, C ity A*orney
S U B J E C T:A n I nterim O rdinance A uthorizing a S tudy and I mposing a M oratorium on the O pera1on
of a Cannabis Bus iness W ithin the City of Brooklyn Center
Requested Council A con:
- moon to open the public hearing
- take public comment;
- close the public hearing;
- moon to adopt an interim ordinance authoriz ing a study and imposing a moratorium on the operaon of
a cannabis business within the C ity of Brookly n C enter
B ackground:
At the June 12 City Council mee1ng, the city council heard a presenta1on and the first reading of an interim
moratorium on the opera1on of a cannabis busines s w ithin the C ity of Brooklyn C enter.
Tonight is the s econd reading and public hearing regarding the interim ordinance.
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
Enhanced Community I mage, S afe, S ecure, S table C ommunity, O pera1onal Excellence
AT TA C H M E N TS :
D escrip1on U pload D ate Type
O rdinance 7/7/2023 O rdinance
Res olu1on S ummary P ublica1on 7/7/2023 Resolu1on Le*er
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 10th day of July, 2023, 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 interim ordinance authorizing a study and imposing a moratorium on the operation of a
cannabis business within the City of Brooklyn Center.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2023-04
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF A CANNABIS BUSINESS WITHIN THE
CITY OF BROOKLYN CENTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Authority and Legislative Findings.
A. The Minnesota Legislature recently enacted, and Governor signed, 2023 Minnesota
Session Laws, Chapter 63 – H.F. No. 100 (“Act”), which is comprehensive legislation
relating to cannabis including, but not limited to, the establishment of the Office of
Cannabis Management (“OCM”), legalizing and limiting the possession and use of
cannabis and certain hemp products by adults, providing for the licensing, inspection, and
regulation of cannabis businesses and hemp businesses, taxing the sale of cannabis flower,
cannabis products, and certain hemp products, establishing grant and loan programs,
amending criminal penalties, providing for expungement of certain convictions and
providing for the temporary regulation of certain edible cannabinoid products.
B. The Act provides local units of government certain authority related to cannabis businesses,
including the authority to (1) require local registration of certain cannabis businesses
operating retail establishments, (2) adopt reasonable restrictions on the time, place, and
manner of the operation of cannabis businesses, provided that such restrictions do not
prohibit the establishment or operation of a cannabis businesses, (3) limit the number of
certain cannabis businesses based on the population of the community, and (4) prohibit the
operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care,
residential treatment facility, or an attraction within a public park that is regularly used by
minors, including a playground or athletic field.
C. The Act requires the OCM, which was established effective July 1, 2023, to work with
local governments to develop model ordinances for reasonable restrictions on the time,
2
place, and manner of the operation of cannabis businesses. The Act also requires the OCM
to establish additional rules and regulations relating to the operation of cannabis businesses.
The City will benefit from reviewing and analyzing the OCM’s model ordinances, rules
and regulations before making any decisions related to the regulation of cannabis
businesses in the City.
D. The Act (Minnesota Statutes, section 342.13(e)) expressly allows a local unit of
government that is conducting studies or has authorized a study to be conducted or has held
or scheduled a hearing for the purpose of considering adoption or amendment of reasonable
restrictions on the time, place and manner of the operation of cannabis businesses to adopt
an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. The interim
ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the
jurisdiction or a portion thereof until January 1, 2025.
E. Given the uncertainty regarding the model ordinances to be developed by the OCM and
the broad scope of the changes to Minnesota law brought about by the Act, the City desires
to adopt an interim ordinance for the purpose of protecting the planning process and the
health, safety, and welfare of its citizens.
F. The City desires to conduct a study for the purpose of considering the adoption or
amendment of reasonable restrictions on the time, place and manner of the operation of
cannabis businesses as well as the other regulations local units of government may adopt
under the Act.
G. On July10, 2023, after providing at least 10 days published notice, the City Council held a
public hearing regarding the consideration and adoption of an interim ordinance prohibiting
the operation of cannabis businesses within the City until January 1, 2025.
ARTICLE II. Definitions. For purposes of this Ordinance, the following terms shall have the
meaning given them in this section.
(a) “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100).
(b) “Cannabis Business” has the meaning given the term in Minnesota Statutes, section
342.01, subdivision 14.
(c) “City” means the City of Brooklyn Center.
(d) “Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes,
section 151.72, subdivision 1(f).
(e) “OCM” means the Office of Cannabis Management, established as set forth in Minnesota
Statutes, section 342.02, subd. 1.
3
(f) “Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota
Statutes, section 342.13(e).
ARTICLE III. Study Authorized. The City Council hereby authorizes and directs the City
Administrator/City Manager to have City staff conduct a study regarding the adoption or
amendment of reasonable restrictions on the time, place, and manner of the operation of Cannabis
Businesses, as well as the other potential local regulations allowed under the Act, and report to the
City Council on the potential regulation of Cannabis Businesses. The study must include a review
of the model ordinances the OCM is directed to draft under Minnesota Statutes, section 342.13(d),
an analysis of potential setback regulations allowed under Minnesota Statues, section 342.13(c),
and such other matters as staff may determine are relevant to the City Council’s consideration of
this matter. The report shall include the City staff’s recommendations on whether the City Council
should adopt regulations and, if so, the recommended types of regulations.
ARTICLE IV. Moratorium. A moratorium is hereby imposed regarding the operation of a
Cannabis Business within the City. During the term of this Ordinance, no business, person, or
entity may establish or operate a Cannabis Business within the jurisdictional boundaries of the
City. The City shall not accept, process, or act on any application, site plan, building permit, zoning
request, or other approval, including any requested confirmation, certification, approval, or other
request from the OCM or other governmental entity requesting City review of any application or
proposal for a business proposing to engage in the operation of a Cannabis Business.
ARTICLE V. Violation. During the term of the moratorium, it is a violation of this Ordinance for
any business, person, or entity to establish or operate a Cannabis Business within the City.
ARTICLE VI. Exceptions. The moratorium imposed by this Ordinance does not apply to: (1) the
continued operation of a business as part of the Medical Cannabis Program administered by the
Minnesota Department of Health that was lawfully operating within the City prior to July 1, 2023;
(2) the lawful sale of Edible Cannabinoid Products in compliance with Minnesota Statutes, section
151.72; or (3) sales of Edible Cannabinoid Products at an exclusive liquor store in accordance with
Minnesota Statutes, section 340A.412, subdivision 14. Nothing in this Article exempts a business,
person, or entity that is selling Edible Cannabinoid Products from having to comply with all
requirements and prohibitions of applicable laws and ordinances.
ARTICLE VII. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also
enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of
competent jurisdiction. A violation of this Ordinance is also subject to the City’s general penalty
in City Code and may result in the City reporting the violation to the OCM if relevant to OCM
licensing. The City Council hereby authorizes the City Administrator/City Manager, in
consultation with the City Attorney, to initiate any legal action deemed necessary to secure
compliance with this Ordinance.
ARTICLE VIII. Duration. This Ordinance shall become effective on the first day of publication
after adoption and shall remain in effect until January 1, 2025. This Ordinance may be repealed
earlier upon the effective date of an ordinance adopting or amending reasonable restrictions on the
4
time, place and manner of the operation of a Cannabis Business within the City or by resolution
of the City Council terminating this Ordinance prior to the expiration date.
ARTICLE IX. Severability. Every section, provision, and part of this Ordinance is declared
severable from every other section, provision, and part thereof. If any section, provision, or part
of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall
not invalidate any other section, provision, or part of this Ordinance.
Adopted this 10th day of July, 2023.
____________________________
April Graves, Mayor
ATTEST: _________________________
Barbara Suciu, City Clerk
Date of Publication _______________, 2023
Effective Date ___________________, 2023
Member introduced the following resolution and moved its adoption:
RESOLUTION NO. _______
CITY OF BROOKLYN CENTER, MINNESOTA
RESOLUTION APPROVING THE SECOND READING OF AN INTERIM
ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON
THE OPERATION OF A CANNABIS BUSINESS WITHIN THE CITY OF
BROOKLYN CENTER
WHEREAS, the Minnesota Legislature recently enacted, and Governor signed, Chapter
63 – H.F. No. 100, which is comprehensive legislation relating to cannabis including, but not
limited to, the establishment of the Office of Cannabis Management (“OCM”), legalizing and
limiting the possession and use of cannabis and certain hemp products by adults, providing for the
licensing, inspection, and regulation of cannabis businesses and hemp businesses, taxing the sale
of cannabis flower, cannabis products, and certain hemp products, establishing grant and loan
programs, amending criminal penalties, providing for expungement of certain convictions and
providing for the temporary regulation of certain edible cannabinoid products.
WHEREAS, the City Attorney presented to the City Council on June 12, 2023, the option
of imposing an interim ordinance authorizing a study and imposing a moratorium on the operation
of a cannabis business within the city of Brooklyn Center.
WHEREAS, the City Council held a public hearing and adopted the Interim Ordinance
2023-02, authorizing a study and imposing a moratorium on the operation of a cannabis business
within the city of Brooklyn Center until January 1, 2025.
City of Brooklyn Center
ORDINANCE NO. 2023-04
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF A CANNABIS BUSINESS WITHIN THE
CITY OF BROOKLYN CENTER
Please take notice that the City Council of the City of Brooklyn Center has adopted an interim
ordinance authorizing a Study and Imposing a Moratorium on the Operation of a Cannabis
Business within the City of Brooklyn Center until January 1, 2025.
The full interim ordinance can be viewed on the City’s website.
July 10, 2023
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:7/10/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:J esse A nders on, C ommunity D evelopment D irector
S U B J E C T:Res olu.on I den.fying the Need for L ivable C ommuni.es D emonstra.on A ccount (L C DA )
and P redevelopment F unding and A uthorizing A pplica.on for G rant F unds for
Res urrec.ng Faith World M inis tries Conference/Event C enter
Requested Council A con:
- Moon to approve the resoluon idenfy ing the need for Livable C ommunies D emonstraon A ccount
and P re-D evelopment grants and authorizing an applicaon for grants funds.
B ackground:
Livable Communi.es A ct (L C A ) grants are aw arded to communi.es that par.cipate in the Livable
Communi.es P rogram in the s even-county metro
region. Through different grant programs , L C A grants help communi.es achieve development goals that
create more housing choice, s upport
living w age job crea.on, and connect jobs , housing, and regional ameni.es to create a more equitable
region.
Each of the mul.ple L C A programs and each have a different focus .
Livable Communi.es D emons tra.on A ccount (L C DA ) supports development and redevelopment
projects that link housing, jobs and services, and use community and regional infras tructure
efficiently
L C DA - Transit O riented D evelopment (L C DA -TO D ) grants are focus ed on high density projects that
contribute to a mix of us es in TO D -eligible
areas .
The Tax Bas e Revitaliz a.on A ccount (T B R A ) helps clean up contaminated land and buildings for
s ubs equent development. These grants are intended to provide the greatest public benefit for the
money spent, strengthen the local tax base, and create and preserve jobs and/or affordable hous ing.
T B R A has three different funding opportuni.es : C ontamina.on Cleanup, S ite I nves .ga.on, and
S E E D.
The L ocal H ous ing I ncen.ves A ccount (L H I A ) helps expand and preserve lifecycle and affordable
hous ing, both rented and ow ned. L H I A applica.ons are submiAed through the Minnes ota H ous ing
S uper R F P, as opposed to directly to M et C ouncil.
P re-D evelopment grants are for teams who are defining or redefining a project that w ill s upport
Livable Communi.es goals. Eligible cos ts are for early-s tage ac.vi.es like des ign workshops, financial
s tudies, project impact analys es, and community engagement.
For this funding round, staff is seeking authoriza.on to apply on behalf of Res urrec.ng Faith World
Ministries(R F W M) for a L C DA grant and pre-development grant. R F W M proposed project is located within
the opportunity S ite and R F W M will develop a C onference/Event Center, 24-hour Childcare/Early L earning
Center, Therapy Wellnes s O ffice, and 10 Barber/Beau.cian S uites w hich w ill be about 27,000 sf.
S taff believes the project is eligible for P re-development and L C DA funding, and s taff believes they w ill make
compe..ve applica.ons.
The C ity is alloAed 3 applica.on to Met Council for L C DA and has already approved New G enera.on L L C .
B udget I ssues:
There are no budget is s ues to consider.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
The M etropolitan C ouncil has developed new s coring criteria, which heavily focuses on equity and an.-
racis t outcomes for projects w hich are to
receive funding. C riteria includes demonstrated outreach to impacted and underrepresented communi.es,
iden.fica.on of s pecific residen.al
and/or workforce development community needs addres s ed by the project, project teams which reflect and
are responsive to those most impacted
by the project. These projects will likely to score well in these criteria rela.ve to others they w ill compete
against.
S trategic Priories and Values:
Targeted Redevelopment
AT TA C H M E N TS :
D escrip.on U pload D ate Type
R F W M L C DA S ummary 6/30/2023 Backup M aterial
R F W M P re-D ev S ummary 6/30/2023 Backup M aterial
M et C ouncil P re-D ev P rogram S ummary 6/30/2023 Backup M aterial
M et C ouncil L C DA P rogram S ummary 6/30/2023 Backup M aterial
Res olu.on 7/5/2023 Resolu.on LeAer
Resurrecting Faith World Ministries
Seeking $4,000,000 with the MET Council LCDA Grant
The proposed project is located at the SE corner of
Shingle Creek Parkway and Bass Lake Rd, is just
under ½ mile from the recently renovated
Brooklyn Center Transit Center, which is home to
Metro Transit’s C and D Line BRT. The project
comprises one part of a unique and thoughtful
development process and program that brings
diverse partners together with the intent of helping
the City of Brooklyn Center achieve a new vision
for the community. The project is the result of an
intensive and ongoing community engagement
process that has helped give voice to historically
underserved and marginalized groups that are
highly representative of the population of Brooklyn Center, which is roughly 59% BIPOC, has a median
HH income of roughly $64,000 and a relatively high number of cost burdened households.
The vision for the area is for a new and modern downtown for the City; one that is affordable, walkable,
welcoming, community building, stability, and wealth building for its citizens, and that is accessible to all
communities. It includes 750 housing units, Conference/Event Center, 24-hour Childcare Center &
Learning Center, Therapy suites, outdoor gathering spaces, streets, regional stormwater infrastructure, and
a 30,000 sf entrepreneurial market, to be owned by the City’s EDA upon completion. Each of these
individual projects have been divided into “sub-phases” that will be undertaken by a development team
that includes Alatus LLC, Project for Pride in Living (PPL), and Resurrecting Faith World Ministries
(RFWM). RFWM will develop a Conference/Event Center, 24-hour Childcare/Early Learning
Center, Therapy Wellness Office, and 10 Barber/Beautician Suites which will be about 27,000 sf;
and PPL partnering with RFWM will develop roughly 250 units of affordable housing in four
buildings.
The 24-hour Childcare center will have the capacity of 80 childcare per shift, servicing ages 6
weeks to 5 years old, and will be open Monday through Saturday.
To date, Brooklyn Center has approved the development teams term sheet, total TIF allotment of $30
million, and Land Use approval.
RFWM, who is a BIPOC developer, will use the LCDA funds to pay for Commercial Construction Cost.
RFWM has hired BKV as their architect group. To date they have schematic drawings of the building
and are in the process of working with their General Contractor for finalized GMP before breaki ng
ground. They have hired Alatus Construction as their General Contractor.
Working with Kennedy & Graven the development team is in the process of finalizing the
development agreement. We plan to have the agreement finalized by August 28, 2023.
Resurrecting Faith World Ministries
Seeking $300,000 with the MET Council LCA Pre-Development Grant
The proposed project is located at the SE corner of
Shingle Creek Parkway and Bass Lake Rd, is just
under ½ mile from the recently renovated
Brooklyn Center Transit Center, which is home to
Metro Transit’s C and D Line BRT. The project
comprises one part of a unique and thoughtful
development process and program that brings
diverse partners together with the intent of helping
the City of Brooklyn Center achieve a new vision
for the community. The project is the result of an
intensive and ongoing community engagement
process that has helped give voice to historically
underserved and marginalized groups that are
highly representative of the population of Brooklyn Center, which is roughly 59% BIPOC, has a median
HH income of roughly $64,000 and a relatively high number of cost burdened households.
The vision for the area is for a new and modern downtown for the City; one that is affordable, walkable,
welcoming, community building, stability, and wealth building for its citizens, and that is accessible to all
communities. It includes 750 housing units, Conference/Event Center, 24-hour Childcare Center &
Learning Center, Therapy suites, outdoor gathering spaces, streets, regional stormwater infrastructure, and
a 30,000 sf entrepreneurial market, to be owned by the City’s EDA upon completion. Each of these
individual projects have been divided into “sub-phases” that will be undertaken by a development team
that includes Alatus LLC, Project for Pride in Living (PPL), and Resurrecting Faith World Ministries
(RFWM). RFWM will develop a Conference/Event Center, 24-hour Childcare/Early Learning
Center, Therapy Wellness Office, and 10 Barber/Beautician Suites which will be about 27,000 sf;
and PPL partnering with RFWM will develop roughly 250 units of affordable housing in four
buildings.
The 24-hour Childcare center will have the capacity of 80 childcare per shift, servicing ages 6
weeks to 5 years old, and will be open Monday through Saturday.
To date, Brooklyn Center has approved the development teams term sheet, total TIF allotment of $30
million, and Land Use approval.
RFWM, who is a BIPOC developer, will use the LCA funds to pay for Pre-Construction Architectural
Design cost. RFWM has hired BKV as their architect group. To date they have schematic drawings of
the building and are in the process of working with their General Contractor for finalized GMP before
breaking ground. They have hired Alatus Construction as their General Contractor.
Working with Kennedy & Graven the development team is in the process of finalizing the
development agreement. We plan to have the agreement finalized by August 28, 2023.
PRE-DEV
PRE-DEVELOPMENT
Funding
Available Funding: $2,000,000 (includes Policy Development)
Award Limit: $300,000 per city per round (includes up to $50,000
in Policy Development funding)
Application Limit: No more than six per city or county per round
Local Match: None
Grant Term: Two years (up to one year extension possible)
Distribution: 50% of the award will be disbursed upfront when an
agreement is signed between city and project team*
*Not all cities will participate. Contact city staff to learn more.
Key Dates
Round One Due: April 21, 2023
Round One Decision: June, 2023
Round Two Due: July 21, 2023
Round Two Decision: September, 2023
Pre-Development Eligible Costs
WHAT: PROPOSED PROJECT OUTCOMES
Environmental Sustainability
• Soil testing to determine feasible land uses that
increase diversity or intensity on the project site
(not environmental testing)
• Project-specific or district-wide stormwater
management plans, district-wide heating
and cooling plans, and district-wide waste
management plans that conserve natural resources
and mitigate impacts on climate change
• Passive building design and energy efficient
improvement planning to conserve natural
resources and reduce Greenhouse Gas emissions
• Development of Travel Demand Management Plan
or other strategies to reduce emissions in and
around the project site
• Landscaping plans that will conserve natural
resources, increase greenspace, and prioritize
native plants and pollinators
• Sustainability assessments, design and
engineering (for example project/district
stormwater management and district heating/
cooling)
Site Planning
• Development of site plans, public realm plans, and/
or outdoor recreation plans
• Public art design process to create an intentionally
designed piece of public art. The design process
should include an artist or arts organization.
• Phasing or staging plans for an identified parcel or
multiple contiguous parcels
• Site selection between 2 -3 potential sites
• Additional design work to include Universal
Design or other accessibility features beyond local
requirements
• Culturally specific site design and planning to best
reflect priorities of the community/ies being served
by the project
• Architectural design services (schematic design
and design development)
Program Coordinators
stephen.klimek@metc.state.mn.us (Hennepin County)
hannah.gary@metc.state.mn.us (all other counties)
PRE-DEV
PRE-DEVELOPMENT
Eligible Costs
WHAT: PROPOSED PROJECT OUTCOMES
Acquisition and Preservation/Rehab
• Physical or capital needs assessment or energy audits for rehab of affordable housing buildings and/or units
(only eligible for units affordable at 60% of AMI with income restrictions in place for a minimum of 15 years) or
jobs that meet outlined scoring criteria.
• Appraisal for site acquisition
• Strategies for site acquisition
Financial Models
• Financial modeling to determine finance structure for project development and long-term management of
affordable housing and jobs projects located in low income areas
• Feasibility studies to determine project feasibility, a housing mix that increases housing choice or commercial
mix to support living wage jobs, or a market study to determine the demand for the proposed development
project or project elements
HOW AND WHO: PROPOSED PROJECT PROCESS AND PROJECT PARTNERS TO SUPPORT
EQUITABLE DEVELOPMENT STRATEGIES
• Design workshops and community engagement activities that center those least represented and most
impact by historic racial inequities (including but not limited to compensation for consultants leading work,
participants, advisory committee members, childcare, food for engagement events*)
• Community Benefits Agreement
• Understanding history of discrimination and land ownership in and around the project site and using that
information to inform the future project
• Health Impact Assessment, displacement risk assessment and/or mitigation plan, equity analysis impact
analysis
• Wealth building planning
• Developer mentoring for new and/or small developers
• Displacement prevention planning
Ineligible Costs
• Corridor, small area or station area plans
• Area analysis of alternatives for market mix or financial feasibility
• Strategies for land banking
• Generic traffic study, environmental review such as AUAR, EAW, or EIS, appraisals, permits, etc…
• Administrative overhead
• Soft costs which are not directly related to an awarded grant activity
• Work done before the grant was awarded
Program Coordinators
stephen.klimek@metc.state.mn.us (Hennepin County)
hannah.gary@metc.state.mn.us (all other counties)
PRE-DEV
Pre-Development Scoring Table
What: Pre-Development Project Outcomes
The goals and vision of the proposed project would meet one or more of the following LCA and/or Thrive goals:
Criteria:Points
LC
A
a
n
d
T
h
r
i
v
e
G
o
a
l
s
Add new housing types and create affordable housing. Priority for projects with deep
affordability and/or serving populations who have barriers to finding housing
10
Create or preserve long-term living wage jobs or support economic opportunity for people
experiencing the most economic hardships
Increase density on the site and make it easier for people to travel between housing, jobs,
services, and amenities
Minimize climate impact by reducing greenhouse gas emissions and conserving natural
resources
Further equity outcomes by fostering regional connections, mitigating climate impacts and
implicit bias, removing barriers to access affordable housing, creating living wage jobs, and
supporting the creation of small businesses owned and operated by a historically marginalized
population
How: Pre-Development Project Process
Pr
o
c
e
s
s
Show an understanding of who will benefit most from the project and in what ways, and use this
understanding to shape equitable development strategies and outcomes 12Engagement is or will be scaled to the size of the project and harnesses the power of
community to co-create the development project
Who: Proposed Project Team
Wh
o
I
s
In
v
o
l
v
e
d
The strength of the partnership between the applicant (City/County/HRA/EDA) and development
partner(s), including the level of support and engagement the applicant has with the project
10Those with decision-making power reflect the community the project will serve or the
predevelopment activities will build a reflective team
Total 32
Applications must score at least 22 of the 32 points available
PRE-DEVELOPMENT
While we recognize there are different types of inequities based on identity and circumstance, LCA is focused
on addressing racial inequity in the region given race is the largest predictor of inequitable outcomes in jobs,
housing, and other LCA goals. Projects addressing racial equity will be prioritized in scoring. Projects addressing
other inequities will earn points towards how they address those inequities but will not receive full points unless
they also consider the intersection of racial inequity.
Program Coordinators
stephen.klimek@metc.state.mn.us (Hennepin County)
hannah.gary@metc.state.mn.us (all other counties)
LCDA
DEV
Key Dates
Application Due: August 14, 2023
Step One Decision: October 2023
Funding Decision: December 2023
LIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT (LCDA) DEVELOPMENT
Funding
Available Funding: $9.3 million
Award Limit: No more than 40% of funds to Minneapolis and
Saint Paul if applications from other cities/counties exceed 60%
Application Limit: Three per city or county applicant
Grant Term: Three years (up to two year extension possible)
Development Eligible Costs Table
Environmental Sustainability
• All affordable housing must be affordable for a minimum of 15 years at 60% or lower of AMI
• Design and engineering fees for eligible activities can be up to 10% of the total award amount.
• Site acquisition is only eligible for affordable housing units or for jobs projects that improve access for low-
income residents.
• Holding costs can be up to 5% of the requested site acquisition support or $100,000, whichever is less
• Support for activities that are eligible only for affordable housing units will be prorated to the percentage of
affordable units in the project.
Eligible Costs
Program Coordinator
Hannah Gary
hannah.gary@metc.state.mn.us
• Infiltration swales or tanks
• Landscaping that is an integrated part of the
stormwater management system
• Pervious pavement
• Green roofs
• Geothermal heat pumps
• Fuel cells; and Wind turbines
• Project specific or district-wide stormwater
management, heating/cooling management, and
waste management systems
• EV charging infrastructure or installation costs
• Photovoltaic cells
LCDA
DEV
Eligible Costs Ineligible Costs
• City or neighborhood parks
• Parks, playgrounds, or areas that are primarily for the
use of the development project’s tenants or residents
of market rate residential buildings
• Demolition, abatement, cleanup, removal, hauling or
disposal of contaminated materials or debris.
• Cleanup, removal, hauling or disposal of contaminated
soil or debris.
LIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT (LCDA) DEVELOPMENT
Program Coordinator
Hannah Gary
hannah.gary@metc.state.mn.us
Development Eligible Costs Table Continued
• Public space that is open to the general public.
Elements can include, but are not limited to:
• lighting
• landscaping
• seating and furnishings
• sidewalks and paths
• Wayfinding elements
• public restrooms (does not include SAC
charges)
• Public art design process to create an
intentionally designed piece of public art which
contributes to the identity or sense of place of
the development project and/or surrounding
neighborhood. The design process should
include an artist or arts organization.
• Public art features, including but not limited
to murals, mosaics, and sculptures, which
contribute to the identity or sense of place of
the development project and/or surrounding
neighborhood. To be considered public art, it
must be led and fabricated by a professional
artist and/or art organization.
• Playgrounds or outdoor recreational areas
intended to serve residents of affordable
housing developments
• Public community gardens or community
gardens at affordable housing developments
• Demolition and removal of existing structures.
• Grading and soil correction to prepare a site for
construction
• Outdoor resident amenity spaces for affordable
housing projects
• General landscaping elements for affordable
• housing projects
• Construction costs for affordable housing or
economic opportunity projects
Project Site
LCDA
DEVLIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT (LCDA) DEVELOPMENT
Eligible Costs Ineligible Costs
Design & Community Engagement
• Architectural and engineering fees related
to the general site or building or not related
directly to grant-funded elements specifically
listed as “eligible”
• Traditional public meetings or other
engagement activities required by law
Improved Connections
• New streets or street extensions only for local public
streets
• Public sidewalks, trails, or bike infrastructure that
enhance the pedestrian environment and connect the
project to nearby uses and amenities
• Site-integrated transit shelters (work with Metro
• Transit early if including a transit shelter)
• Bike facilities that are open to the public, are in
affordable housing buildings, or in jobs projects
• Extensions or modifications of local public utilities that
directly serve the development project
• Publicly available portion of shared-use parking
• Enhanced broadband connections for affordable
housing projects
• Universal design elements to improve accessible
connections to and within the project site
• Landscaping to improve the experience for people
walking, biking, or rolling to/through the site
• County road improvements
• Private sidewalks, amenities or amenity
spaces specifically serving market rate
residential development projects
• Perimeter sidewalks or boulevards that do not
improve the bike or pedestrian experience
• Surface parking and parking without a shared
• public component
• Expansion or extension of local public utilities
not directly related to the development
project
• Transit infrastructure or capital investments
e.g., transit stations, station platforms, and
park-and- ride facilities.
• Regional parks or trails and trails that would
otherwise be included within a city’s capital
improvement budget
• Trail, sidewalk, or road connections that do
not directly connect to or support the project
site.
• Design workshops and community engagement
activities that center those least represented and
most impact by historic racial inequities (including but
not limited to compensation for consultants leading
work, participants, advisory committee members,
childcare, food for engagement events*)
• Design and engineering fees for grant eligible
activities (up to 10% of the total award)
* Food costs should be within Council limits and prioritize
DBE or DBE qualifying vendors
Development Eligible Costs Table Continued
Eligible Costs Ineligible Costs
Program Coordinator
Hannah Gary
hannah.gary@metc.state.mn.us
LCDA
DEVLIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT (LCDA) DEVELOPMENT
Eligible Costs Ineligible Costs
Preservation and/or Rehab for Affordable Housing or Economic Opportunity
• Legal fees associated with preservation
• Upgrades to market rate units
• Relocation costs
Acquisition for Affordable Housing and Economic Opportunity
• Site acquisition for affordable housing projects or
projects focused on bringing jobs to low- income areas.
Eligible sites acquired after the date of award or for sites
acquired within 12 months before the application is due
are eligible
• Holding costs up to 5% of the awarded acquisition
amount or $100,000, whichever is less.
• Eligible holding costs include property maintenance,
insurance, and interest.
• Sites purchased more than 12 months before
the application due date
• Acquisition for market rate housing or jobs not
in low-income areas
• Sites purchased from a project partner who
will gain financially from the purchase
• Site assembly for lands to be used for transit
infrastructure.
• Exterior improvements to bring the building to code
or improve energy efficiency of the building. Examples
include window replacement, roof replacement,
exterior finishing replacement (brick siding, etc.), or
mechanical system replacement (Savings from energy
efficiency should be passed on to the residents or
tenants/occupants of commercial buildings))
• Improvements to interior of affordable units or
commercial building to bring building to code,
increase energy efficiency, and improve the quality
of life of current or future residents. Examples
include low flow plumbing fixtures or energy savings
appliances.
• Improvements to indoor communal spaces. Examples
include improvements to community gathering
rooms, fitness centers, and areas in which supportive
services are offered.
• Improvements to building grounds and outdoor
community gathering spaces. Examples include
landscaping, playgrounds, greenspace, and
community gardens.
Affordable and market rate units should be identical and
evenly distributed throughout the building(s)
Development Eligible Costs Table Continued
Eligible Costs Ineligible Costs
Program Coordinator
Hannah Gary
hannah.gary@metc.state.mn.us
LCDA
DEVLIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT (LCDA) DEVELOPMENT
Step One- Scored by staff Step Two- Scored by LCAC
Criteria Points Points Criteria Points
Ho
u
s
i
n
g
Build or preserve affordable housing; priority given for
projects that serve residents not who have barriers to
finding safe, affordable housing, for projects with the
deepest affordability, and for those including supportive
services or other needed services
8 Support current or future
residents through design,
programming, and/or
services
4
Create new affordable housing that helps the City meet
their share of the region’s need for affordable housing at
needed affordability levels; OR Preserve and rehabilitate
affordable housing, prioritizing communities at highest risk
of losing Naturally Occurring Affordable Housing (NOAH)
and/or communities with more housing cost burdened
households
Further equity outcomes in housing access*2*
En
v
i
r
o
n
m
e
n
t
a
n
d
Li
v
a
b
i
l
i
t
y
Create or preserve permanent jobs OR Create workforce
development and/or training opportunities; priority for
projects with full-time living wage jobs
8
Support economic
opportunity and/or growth
for those experiencing
the largest economic
hardships through the
business model, training
programs, or project
mission
4Create economic opportunity in health care, technology or
environmental sustainability fields; advance strategic city
job growth priorities; and/or create or preserve industrial
jobs with access to regional transit systems
Further equity outcomes in access to economic
opportunity*2*
LCDA Scoring Table
Program Coordinator
Hannah Gary
hannah.gary@metc.state.mn.us
While we recognize there are different types of inequities based on identity and circumstance, LCA is focused
on addressing racial inequity in the region given race is the largest predictor of inequitable outcomes in jobs,
housing, and other LCA goals. Projects addressing racial equity will be prioritized in scoring. Projects addressing
other inequities will earn points towards how they address those inequities but will not receive full points unless
they also consider the intersection of racial inequity.
LCDA
DEVLIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT (LCDA) DEVELOPMENT
WHAT: PROPOSED PROJECT OUTCOMES
Step One Step Two
Criteria Points Criteria Points
Co
m
p
a
c
t
,
C
o
n
n
e
c
t
e
d
De
v
e
l
o
p
m
e
n
t
Increase density or intensity
of land use in the project
area; OR
Use an existing building that
brings more activity to the
project site.
8 Make it easier and more comfortable for people to
walk, bike, roll, or use other kinds of transportation
in and around the project site. Connect to walking,
biking, or transit networks around the project site.
4Add new uses to the
project area to better meet
residents’ needs.
Further equity outcomes
in access to services and
amenities*
2*
En
v
i
r
o
n
m
e
n
t
a
n
d
L
i
v
a
b
i
l
i
t
y
Improve access to local and
regional parks and trails
and green space through
outreach, site design, or
programming
8
Mitigate negative environmental impacts
on residents or workers in the area; priority
for projects in areas most impacted by past
environmental harms
4
Minimize greenhouse gas
emissions to the greatest
extent possible
Conserve natural
resources, including reuse/
preservation of an existing
building and/or sustainable
site design; priority for
a focus on equitable
development outcomes
Further equitable access
to local and regional
parks and/or address
environmental sustainability
in locations where residents
have been most impacted
by environmental harms*
2*
Subtotal Outcomes 40 Subtotal Outcomes 16
LCDA Scoring Table continued
Program Coordinator
Hannah Gary
hannah.gary@metc.state.mn.us
LCDA
DEVLIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT (LCDA) DEVELOPMENT
LCDA Scoring Table continued
STEP ONE
HOW: PROPOSED PROJECT PROCESS
Step One Step Two
Criteria Points Criteria Points
Pr
o
j
e
c
t
P
r
o
c
e
s
s
The need for the project was
determined by residents
and/or workers most
impacted by inequities*
5*
Engagement is scaled to the project, meaningful,
and efforts center those under- represented and
most impacted by inequities
4The City is taking steps
toward addressing
inequities at the local
level, especially efforts
to implement equitable
development practices*
3*
Subtotal Process 8 Subtotal Process 4
WHO: PROPOSED PROJECT TEAM
Pr
o
j
e
c
t
T
e
a
m
City efforts to contribute
to the project financially,
considering the city
capacity
4
The project and the team use a strategic and
integrated approach to addressing equity issues
and the intended impacts of the project will result
in more equitable outcomes
5Those with decision making
power for the project are
reflective of the community
the project is intending to
serve*
2*
Subtotal Team 6 Subtotal Outcomes 5
Step One Total 54 Step Two Total 25
Applications must score at least 32 of the total Step One points to move to Step Two with 12 of the 18 equity
points (*) awarded
Applications must score at least 47 of the total available points
to be eligible for funding
Program Coordinator
Hannah Gary
hannah.gary@metc.state.mn.us
Member __________ introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2023- ___
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT AND PRE-DEVELOPMENT FUNDS AND
AUTHORIZING AN APPLICATION FOR GRANT FUNDS
WHEREAS, the City of Brooklyn Center is a participant in the Metropolitan Livable
Communities Act (“LCA”) Local Housing Incentives Program for 2023 as determined by the
Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities
Demonstration Account and Predevelopment grant funds; and
WHEREAS, the City has identified proposed projects within the City that meet LCDA
purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable
Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development
guide; and
WHEREAS, the City has the institutional, managerial and financial capability to adequately
manage an LCDA grant and Predevelopment grant; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations as
stated in the grant agreement; and
WHEREAS, the City acknowledges LCDA grants are intended to fund projects or project
components that can serve as models, examples or prototypes for LCDA development or
redevelopment elsewhere in the Region, and therefore represents that the proposed project or key
components of the proposed project can be replicated in other metropolitan-area communities; and
WHEREAS, the City acknowledges Met Council Predevelopment Livable Demonstration
Account grants are intended to fund development projects through predevelopment work.
WHERES, only a limited amount of grant funding is available through the Metropolitan
Council’s Livable Communities LCDA initiative and Predevelopment grants during each funding
cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant
funds only to eligible projects that would not occur without the availability of grant funding.
NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due
consideration, the governing body of the City:
1. Finds that it is in the best interests of the City’s development goals and priorities for the
following proposed LCDA projects to occur at this particular site at this particular time:
Resurrecting Faith World Ministries Conference/Event Center
2
2. Finds that that LCDA Project component(s) for which Livable Communities LCDA and
Predevelopment funding is sought:
a. Will not occur solely through private or other public investment within the
reasonable foreseeable future; and
b. Will occur within the term of the grant award (two years for Pre-Development
grants, and three years for Development grants,) only if Livable Communities
LCDA funding is made available for this project at this time.
3. Authorizes the City Manger to submit on behalf of the City an application for Metropolitan
Council Livable Communities LCDA grant funds and Predevelopment grants funds for the
project components identified in the application, and to execute such agreements as may be
necessary to implement the Project on behalf of the City.
July 10, 2023
Date Mayor
ATTEST: ___________________
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
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:7/10/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :
BY:J esse A nders on, C ommunity D evelopment D irector
S U B J E C T:Res olu-on I den-fying the Need for L ivable C ommuni-es D emonstra-on A ccount (L C DA )
Trans it-O riented D evelopment F unding and A uthorizing an A pplica-ons for G rant F unds
for A frican Career, Educa-on and Res ource (A C E R) I nnova-on and C atalyst C enter (I C C )
Requested Council A con:
- Moon to approve the resoluon idenfy ing the need for Livable C ommunies D emonstraon A ccount
Transit-Oriented development funding and authorizing an applicaon for grants funds.
B ackground:
Livable Communi-es A ct (L C A ) grants are aw arded to communi-es that par-cipate in the Livable
Communi-es P rogram in the s even-county metro region. Through different grant programs, L C A grants
help communi-es achieve development goals that create more hous ing choice, support living w age job
crea-on, and connect jobs , housing, and regional ameni-es to create a more equitable region.
Each of the mul-ple L C A programs and each have a different focus .
Livable Communi-es D emons tra-on A ccount (L C DA ) supports development and redevelopment
projects that link housing, jobs and services, and use community and regional infras tructure
efficiently
L C DA - Transit O riented D evelopment (L C DA -TO D ) grants are focus ed on high density projects that
contribute to a mix of us es in TO D -eligible
areas .
The Tax Bas e Revitaliz a-on A ccount (T B R A ) helps clean up contaminated land and buildings for
s ubs equent development. These grants are intended to provide the greatest public benefit for the
money spent, strengthen the local tax base, and create and preserve jobs and/or affordable hous ing.
T B R A has three different funding opportuni-es : C ontamina-on Cleanup, S ite I nves -ga-on, and
S E E D.
The L ocal H ous ing I ncen-ves A ccount (L H I A ) helps expand and preserve lifecycle and affordable
hous ing, both rented and ow ned. L H I A applica-ons are submi@ed through the Minnes ota H ous ing
S uper R F P, as opposed to directly to M et C ouncil.
P re-D evelopment grants are for teams who are defining or redefining a project that w ill s upport
Livable Communi-es goals. Eligible cos ts are for early-s tage ac-vi-es like des ign workshops, financial
s tudies, project impact analys es, and community engagement.
For this funding round, staff is seeking authoriza-on to apply on behalf of the A frican Career, Educa-on and
Resource (A C E R) for L C DA TO D funds to s upport their I nnova-on & Catalys t Center. A C E R will move from
two suites it currently leases in B rooklyn C enter to a unit in the building. A C E R will operate programs and services
at the property, including the B usiness Resource C enter, which will provide onsite small business technical
assistance, resources, and workforce programming, in partnership with C O PAL and H I R E D to tenants and the
broader B rooklyn C enter and N orthwest Suburbs community. Further, AC E R has stated they have a purchase
agreement in place for the building located at 6000 and 6050 Shingle C reek Parkway.
Staff has determined that AC E R 's project is eligible for L C DA TO D funding.
T he C ity is allo@ed 3 applica-on to Met C ouncil for L C DA TO D.
B udget I ssues:
There are no budget items to cons ider at this -me. No funding match is required for the use of grant funds.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
The M etropolitan C ouncil has developed new s coring criteria, which heavily focuses on equity and an--
racis t outcomes for projects w hich are to receive funding. Criteria includes demons trated outreach to
impacted and underrepres ented communi-es , iden-fica-on of specific res iden-al and/or w orkforce
development community needs addressed by the project, project teams w hich reflect and are responsive to
thos e mos t impacted by the project. Both projects under considera-on are likely to s core w ell in thes e
criteria rela-ve to others they w ill compete agains t.
S trategic Priories and Values:
Targeted Redevelopment
AT TA C H M E N TS :
D escrip-on U pload D ate Type
P roject O vierview 6/30/2023 Backup M aterial
TO D G rant S ummary 7/5/2023 Resolu-on Le@er
Res olu-on 7/6/2023 Resolu-on Le@er
Brooklyn Village's, LLC
Innovation
& Catalyst
Center
(ICC)
Project Overview
ACER, in partnership with the Ignite Businesswomen Investment
Group Cooperative (IBWIG), two Black women-led organizations
based in the Brooklyns, MN, have formed the Brooklyn Village's,
LLC to purchase, own and operate a retail mall in Brooklyn Center.
The site will house ACER’s offices, existing tenants, and some 27
businesses from the IBWIG's membership.
ACER will move from two suites it currently leases in Brooklyn
Center to a unit in the building. ACER will operate programs and
services at the property, including the Business Resource Center,
which will provide onsite small business technical assistance,
resources, and workforce programming, in partnership with
COPAL and HIRED to tenants and the broader Brooklyn Center and
Northwest Suburbs community.
Brooklyn Village's, LLC will retain the site's current property
management company, Atlas Commercial Real Estate, to oversee
building operations, maintain the property, and collect rent from
and engage tenants.
6000 & 6050 Shingle Creek Parkway (SCP), Brooklyn Center, MN 55430
Purchase Price: $5.2 million
Estimated Closing Costs: $270,000
Working Capital Reserve: $53,000
Total Acquisition Cost: $5,523,000
Property Description:
Property Description: The Shingle Creek Center
Sources Amount Type Status
ACER $159,000 Equity Committed
IBWIG $160,000 Equity Committed
Foundation $300,000 Grant Committed
Bridge
Financing
$4,904,000 Loans In-Progress
Total $5,523,000
State of MN
(Pay down loans
$3,921,463 Grant Committed
Outstanding
Debt
$982,537
LLCD
TOD
Grant
Requesting
with City of
Brooklyn
Center
Two commercial buildings on 4.4 acres
6000 SCP 8,261 SF on 1.6 acres
6050 SCP 33,094 on 2.8 acres
Total 41,355 SF for both buildings
18 total leasable units
39,178 SF of gross leasable space
The site is located next to a 120,000-
square-foot former Target site on 9.5
acres
1
TOD
Key Dates
Application Due: August 14, 2023
Step One Decision: : November 2023
Funding Decision: December 2023
Development Eligible Costs Table
• All affordable housing must be affordable for a minimum of 15 years at 60% or lower of AMI
• Design and engineering fees for eligible activities can be up to 10% of the total grant award.
• Site acquisition is only eligible for affordable housing units or for jobs projects that improve access for low-
income residents.
• Holding costs up to 5% of the requested site acquisition support or $100,000, whichever is less.
• Support for activities that are eligible only for affordable housing units (site acquisition, rehab, in-unit
upgrades, resident amenities) will be prorated to the percentage of affordable units in the project.
TRANSIT ORIENTED DEVELOPMENT
(TOD)
Environmental Sustainability
Eligible Costs
Funding
Available Funding: $5.3 million
Award Limit: $2 million per city
Application Limit: Three per applicant
Grant Term: Three years (up to two year extension possible)
Eligible Areas: 1/2 mile from existing and planned transit corridor
stations, and 1/4 mile from High-frequency bus routes. Use the
online “Make-a-Map” tool to verify eligibility
Ineligible Costs
• Infiltration swales or tanks
• Landscaping that is an integrated part of the
stormwater management system
• Pervious pavement
• Green roofs
• Geothermal heat pumps
• Fuel cells; and Wind turbines
• Project specific or district-wide stormwater
management, heating/cooling management, and
waste management systems
• EV charging infrastructure or installation costs
• Photovoltaic cells
Program Coordinator
Stephen Klimek
stephen.klimek@metc.state.mn.us
TOD
Development Eligible Costs Table continued
TRANSIT ORIENTED DEVELOPMENT
(TOD)
Project Site
Eligible Costs Ineligible Costs
• Public space that encourages social interactions
through design or programming. Elements to create
welcoming spaces can include, but are not limited to:
• lighting
• landscaping
• seating and furnishings
• sidewalks and paths
• Wayfinding elements
• public restrooms (does not include SAC charges)
• Public art design process to create an intentionally
designed piece of public art which contributes to the
identity or sense of place of the development project
and/or surrounding neighborhood. The design process
should include an artist or arts organization.
• Public art features, including but not limited to
murals, mosaics, and sculptures, which contribute
to the identity or sense of place of the development
project and/or surrounding neighborhood. To be
considered public art, it must be led and fabricated by
a professional artist and/or art organization.
• Playgrounds or outdoor recreational areas intended to
serve residents of affordable housing developments
• Public community gardens or community gardens at
affordable housing developments
• Demolition and removal of existing structures.
• Grading and soil correction to prepare a site for
construction
• Outdoor resident amenity spaces for affordable
housing projects
• General lanscapting elements for affordable housing
projects and commercial or industrial projects
advancing economic opportunity
• General landscaping elements
• City or neighborhood parks
• Parks, playgrounds, or areas that are primarily
for the use of the development project’s
tenants or residents of market rate residential
buildings
• Demolition, abatement, cleanup, removal
hauling or disposal of contaminated materials
or debris.
• Cleanup, removal, hauling or disposal of
contaminated soil or debris.
Program Coordinator
Stephen Klimek
stephen.klimek@metc.state.mn.us
TODTRANSIT ORIENTED DEVELOPMENT
(TOD)
Development Eligible Costs Table continued
Improved Connections
Eligible Costs Ineligible Costs
• New streets or street extensions only for local public
streets
• Public sidewalks, trails, or bike infrastructure that
enhance the pedestrian environment and connect the
project to nearby uses and amenities
• Site-integrated transit shelters (work with Metro Transit
early if including a transit shelter)
• Outdoor public bike facilities or outdoor bike facilities
for residents of affordable housing developments
• Extensions or modifications of local public utilities that
directly serve the development project
• Publicly available portion of shared-use parking
• Enhanced broadband connections for affordable
housing projects
• Universal design elements to improve accesible
connections to and within the project site
• Landscaping to improve the pedestrian experience
• County road improvements
• Private sidewalks, amenities or amenity
spaces specifically serving market rate
residential development projects
• Perimeter sidewalks or boulevards that do not
improve the bike or pedestrian experience
• Surface parking and parking without a shared
public component
• Expansion or extension of local public utilities
not directly related to the development
project
• Transit infrastructure or capital investments
e.g., transit stations, station platforms, and
park-and-ride facilities.
• Regional parks or trails and trails that would
otherwise be included within a city’s capital
improvement budget
• Trail, sidewalk, or road connections that do
not directly connect to or support the project
site.
Design & Community Engagement
• Design workshops and community engagement
activities that center those least represented and most
impact by historic racial inequities (including but not
limited to compensation for consultants leading work,
participants, advisory committee members, childcare,
food for engagement events*)
• Design and engineering fees for grant requested
activities (up to 10% of the total award)
* Food amounts should be within Council limits and be
purchased from DBE or DBE qualifying vendors
• Architectural and engineering fees related
to the general site or building or not related
directly to grant-funded elements specifically
listed as “eligible”
• Traditional public meetings or other
engagement activities required by law
Eligible Costs Ineligible Costs
Program Coordinator
Stephen Klimek
stephen.klimek@metc.state.mn.us
TODTRANSIT ORIENTED DEVELOPMENT
(TOD)
Development Eligible Costs Table continued
Acquisition for Affordable Housing and Jobs
Eligible Costs Ineligible Costs
• Site acquisition for affordable housing projects or
projects focused on bringing jobs to low-income areas.
Eligible sites acquired after the date of award or for sites
acquired within 12 months before the application is due
are eligible
• Holding costs can be up to 5% of the awarded
acquisition amount or $100,000, whichever is less.
• Eligible holding costs include property maintenance,
insurance, and interest.
• Sites purchased more than 12 months before
the application due date
• Acquisition for market rate housing or jobs not
in low-income areas
• Sites purchased from a project partner who
will gain financially fom the purchase
• Site assembly for lands to be used for transit
infrastructure..
Affordable Housing Preservation and/or Rehab
• Exterior improvements to bring the building to code
or improve energy efficiency of the building. Examples
include window replacement, roof replacement, exterior
finishing replacement (brick siding, etc.), or mechanical
system replacement (Savings from energy efficiency
should be passed on to the residents)
• Improvements to interior of affordable units to bring
building to code, increase energy efficiency, and improve
the quality of life of current or future residents. Examples
include low flow plumbing fixtures or energy savings
appliances.
• Improvements to indoor communal spaces. Examples
include improvements to community gathering rooms,
fitness centers, and areas in which supportive services
are offered.
• Improvements to building grounds and outdoor
community gathering spaces. Examples include
landscaping, playgrounds, greenspace, and community
gardens.
Affordable and market rate units should be identical and
evenly distributed throughout the building(s)
• Legal fees associated with preservation
• Upgrades to market rate units
• Relocation costs
Eligible Costs Ineligible Costs
Program Coordinator
Stephen Klimek
stephen.klimek@metc.state.mn.us
TODTRANSIT ORIENTED DEVELOPMENT
(TOD)
WHAT: PROPOSED PROJECT OUTCOMES
STEP ONE - SCORED BY STAFF STEP TWO - SCORED BY LCAC
Criteria Points Criteria Points
Ho
u
s
i
n
g
Build or preserve affordable housing;
priority given for projects that serve
residents not who have barriers to
finding safe, affordable housing, for
projects with the deepest affordability,
and for those including supportive
services or other needed services
8 Meet the needs of current and/or future
residents through design, programming, or
services
4
Create new affordable housing that
helps the City meet their share of the
region’s need for affordable housing at
needed affordability levels;
OR
Preserve and rehabilitate affordable
housing, prioritizing communities at
highest risk of losing Naturally Occurring
Affordable Housing (NOAH) and/or
communities with more housing cost
burdened households
Further equity outcomes in housing
access*2*
Ec
o
n
o
m
i
c
O
p
p
o
r
t
u
n
i
t
y
Create or preserve permanent jobs OR
Create workforce development and/
or training opportunities; priority for
projects with full-time living wage jobs
8 Support economic and/or growth for
those experiencing the largest economic
hardships through the business model,
training programs, or project mission
4
Create economic opportunity in priority
high-growth and high-opportunity
sectors of the region’s economy
including health care, technology or
environment; and/or advance city job
growth priorities, and/or create/preserve
industrial jobs with access to regional
transit systems
Further equity outcomes in access
to economic opportunity *2*
Development Scoring Table
While we recognize there are different types of inequities based on identity and circumstance, LCA is focused
on addressing racial inequity in the region given race is the largest predictor of inequitable outcomes in jobs,
housing, and other LCA goals. Projects addressing racial equity will be prioritized in scoring. Projects addressing
other inequities will earn points towards how they address those inequities but will not receive full points unless
they also consider the intersection of racial inequity.
TOD
Development Scoring Table Continued
TRANSIT ORIENTED DEVELOPMENT
(TOD)
WHAT: PROPOSED PROJECT OUTCOMES
STEP ONE STEP TWO
Criteria Points Criteria Points
Co
m
p
a
c
t
,
C
o
n
n
e
c
t
e
d
De
v
e
l
o
p
m
e
n
t
Increase the level of station area activity
through greater density and/or intensity
of land use on the site;
OR
Use an existing building in a way that
brings more activity to the project site
16
Provide design-led strategies,
specific to the population the project
is intending to serve, that support or
expand infrastructure for people to
safely and effectively walk, bike, roll
or use other kinds of transportation
in and around the project site; priority
for projects that connect to walking,
biking, or transit networks around the
project site
9
Provide uses that will diversify station
area activity and better meet residents’
needs and/or provide greater access
to services and amenities; Priority for
projects with a focus on complementary
uses and fostering human-centered
experiences
Generate greater transit ridership, a
higher diversity of trip purposes viable
via transit, and reduce the need to use
and own a personal vehicle
Catalyze or position the station
area for additional transit-oriented
development in a way that leverages
public infrastructure and avoids
displacement of existing residents or
businessesFurther the transit-oriented nature of the
station area as a node and/or district
of TOD given the specific context of
its communities and transit corridor;
priority for projects that implement part
of a broader adopted plan or vision for
the transit station or corridor
Further equity outcomes in access to
services and amenities*2*
TOD
Development Scoring Table Continued
TRANSIT ORIENTED DEVELOPMENT
(TOD)
WHAT: PROPOSED PROJECT OUTCOMES
STEP ONE STEP TWO
Criteria Points Criteria Points
En
v
i
r
o
n
m
e
n
t
a
n
d
L
i
v
a
b
i
l
i
t
y
Improve access to local and regional
parks and trails and green space through
outreach, site design, or programming
8
Mitigate negative environmental
impacts on residents or workers in the
area; priority for projects in areas most
impacted by past environmental harms
4
Minimize greenhouse gas emissions to
the greatest extent possible
Conserve natural resources, including
reuse/ preservation of an existing building
and/or sustainable site design; priority
for a focus on equitable development
outcomes
Further equitable access to local
and regional parks and/or address
environmental sustainability in locations
where residents have been most
impacted by environmental harms*
2*
Subtotal Outcomes 48 Subtotal Outcomes 21
TOD
HOW: PROPOSED PROJECT PROCESS
STEP ONE STEP TWO
Criteria Points Criteria Points
Pr
o
c
e
s
s
The need for the project was determined
by residents and/or workers most
impacted by inequities*
5*Engagement is scaled to the project,
meaningful, and efforts center those
under-represented and most impacted by
inequities
4
The City is taking steps toward
addressing inequities at the local level,
especially efforts to implement equitable
development practices*
3*
Subtotal Process 8 Subtotal Process 4
WHO: PROPOSED PROJECT TEAM
Pr
o
j
e
c
t
T
e
a
m
City efforts to contribute to the project
financially, considering the city capacity 4 The project and the team use a strategic
and integrated approach to addressing
equity issues and the intended impacts
of the project will result in more equitable
outcomes
5Those with decision making power
for the project are reflective of the
community the project is intending to
serve*
2*
Subtotal Team 6 Subtotal Team 5
Step One Total 62 Step Two Total 30
Applications must score at least 38 of the total 62 Step One points to move to Step Two with 12 of the 18
equity points (*) awarded.
Applications must score at least 58 of the total 92 available points to be eligible for funding
Development Scoring Table Continued
TRANSIT ORIENTED DEVELOPMENT
(TOD)
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2023-
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT TRANSIT ORIENTED DEVELOPMENT FUNDING AND
AUTHORIZING AN APPLICATION FOR GRANT FUNDS
WHEREAS, the City of Brooklyn Center is a participant in the Metropolitan Livable
Communities Act (“LCA”) Local Housing Incentives Program for 2023 as determined by the
Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities
Demonstration Account Transit-Oriented Development grant funds; and
WHEREAS, the City has identified a proposed project within the City that meets LCDA -
TOD purposes and criteria and is consistent with and promotes the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan
development guide; and
WHEREAS, the City has the institutional, managerial and financial capability to adequately
manage an LCDA Transit-Oriented Development grant; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations as
stated in the grant agreement; and
WHEREAS, the City acknowledges LCDA grants are intended to fund projects or project
components that can serve as models, examples or prototypes for LCDA development or
redevelopment elsewhere in the Region, and therefore represents that the proposed project or key
components of the proposed project can be replicated in other metropolitan-area communities; and
WHERES, only a limited amount of grant funding is available through the Metropolitan
Council’s Livable Communities LCDA initiative during each funding cycle and the Metropolitan
Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects
that would not occur without the availability of grant funding.
NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due
consideration, the governing body of the City:
1. Finds that it is in the best interests of the City’s development goals and priorities for the
following proposed LCDA project to occur at this particular site at this particular time:
African Career, Education and Resource (ACER) Innovation and Catalyst Center (ICC)
2. Finds that that LCDA Project component(s) for which Livable Communities LCDA funding
is sought:
a. Will not occur solely through private or other public investment within the
reasonable foreseeable future; and
b. Will occur within the term of the grant award (two years for Pre-Development
grants, and three years for Development grants,) only if Livable Communities
LCDA funding is made available for this project at this time.
3. Authorizes the City Manager to submit on behalf of the City an application for
Metropolitan Council Livable Communities LCDA - TOD grant funds for the LCDA
project components identified in the application, and to execute such agreements as may
be necessary to implement the LCDA Project on behalf of the City.
July 10, 2023
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
2
Council/E D A Work
S ession
City Hall Council Chambers
J uly 10, 2023
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.T HC E dibles
P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS
1.Upcoming I tems
Memorial P olicy
Special Assessment Policy/Franchise F ees (referred to Financial
Commission)
Beautification and P ublic Art Commission
L iquor S tore 2
Organizational Chart-B udget work sessions
New and Repeat Type I V Rental L icense Review (referred to Housing
Commission)
F ood Truck Ordinance/L icense
Emerald Ash B orer Policy Review (referred to Park & Rec Commission
November)
Opioid Settlement
A R PA Funds
Police L abor Study
Dog Park
Grants: Revenues & E xpenses
Purchasing Policy
Commercial Vacant Building Fees
I nterveners I mpact
1
Kennedy Jason M. Hill
700 Fifth Street Towers
150 South Fifth Street
Minneapolis MN 55402
&
Graven (612) 337-9207 (Direct)
(612) 590-2662 (Cell)
(612) 337-9310 fax
Email: jhill@kennedy-graven.com
C H A R T E R E D
MEMORANDUM
TO: Brooklyn Center City Council
Dr. Reginald Edwards, City Manager
Barbara Suciu, City Clerk/Assistant City Manager
FROM: Jason M. Hill
DATE: July 6, 2023
RE: Regulation of THC Products Authorized Under Minnesota Statutes, Section 151.72
__________________________________________________________________________________
This memorandum provides information on ways in which the City can regulate the hemp-derived,
THC products legalized in 2022 in Minnesota Statutes, section 151.72 (the “Act”). I have also
attached a copy of my memorandum dated May 19, 2023 with regard to immediate changes to the
Act that were enacted with the recent cannabis legalization bill. As you will note in the attached
memorandum, it is important to note that the Act will automatically be repealed on March 1,
2025, and therefore, any action taken by the City with regard to regulating THC products under the
Act will no longer be effective as of March 1, 2025. Additionally, when retailers of THC products
obtain licenses from the state for the sale of lower-potency hemp edibles, which are virtually the
same, the regulations may also no longer apply. However, we will need additional guidance from
the State before making that determination.
As will be summarized below, the City generally has the following options upon the termination of
the existing THC product moratorium:
Outright prohibition;
Regulation through licensing of retailers; and
Regulation through zoning.
Interim Ordinance and Moratorium
The City Council adopted an interim ordinance and moratorium with regard to the sale of THC
products on August 22, 2022, which expires on July 25, 2023 in accordance with the terms of the
interim ordinance.
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Local Regulation
As was the case in 2022, the recent updates to the Act neither explicitly allow nor explicitly prohibit
local regulation of the sale of THC products. Therefore, to determine whether a municipality can
regulate the sale of THC products, the municipality must have the authority to regulate the sale of
THC products and must not be preempted by state law.
A municipality can rely upon its general police and general welfare power to regulate the sale of
THC products. The two most applicable avenues through which the municipality can regulate the
sale of THC Products is through its licensing or zoning authority.
A. The Act does not expressly preempt local regulation.
The Act does not expressly require a city to allow the sale of THC Products, nor does it restrict a
city’s ability to regulate such facilities through additional zoning or licensing requirements.
Nevertheless, a city cannot enact a local regulation if it conflicts with state law or if the state law
fully occupies a particular field of legislation so that there is no room for local regulation.
Any local regulations must not create an irreconcilable conflict with state law, but instead must be
merely additional and complementary or in aid and furtherance of the Act. Also, local regulations
must not exceed a city’s lawful licensing or zoning powers.
Two recent Minnesota Supreme Court cases indicate a deference for local ordinances that provide
greater protections than state statutes. Additional licensing and zoning requirements adopted for the
purpose of protecting the general welfare and ensuring the sale of THC products are being
conducted in accordance with the Act, including that THC products are not being sold to individuals
under the age of 21, for example, would be considered greater protections than those included in the
Act.
B. Licensing
A city may license a business or activity, either (1) when expressly allowed to do so by state statute;
or (2) when implied by statute, such as when a license is necessary for a city to perform it s general
statutory powers (like preventing public nuisance or protecting the general welfare).
Since there is no express authority for a city to license a business selling THC products, the City
must look to an implied authority. The authority granted under the “general welfare” clause allows a
city to provide “for the suppression of vice and immorality, the prevention of crime, the suppression
of vice and immorality, the prevention of crime, the protection of public and private property, the
benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience,
and the general welfare by such ordinances not inconsistent with the Constitution and laws of the
United States or of this state as it shall deem expedient.”
While amendments to the Act in 2023 provide additional regulatory structure, consumer protection,
and general control of the sale of THC products, the City very clearly has an interest in ensuring
that THC products are being sold in the manner provided for in the Act.
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A licensing ordinance must be reasonable in its terms and conditions and cannot place unnecessary,
unreasonable, or oppressive restrictions that conflict with the state or federal constitution. A
licensing ordinance could include application requirements such as:
terms;
qualifications;
bond and insurance requirements;
hours of operation;
reasons for denial, including no criminal conviction or license revocations related to
controlled substances;
revocation and suspension of license;
transferability; license fees;
limiting the number of licenses;
requiring licensees to ID purchasers;
requiring THC products to be sold from behind a counter; and
identify how the City will conduct compliance checks.
C. Zoning
Zoning controls generally relate to uses of property and not the sale of individual products, so using
the City’s zoning authority alone may not be an effective way to regulate the sale of THC products.
However, cities have used a combination of zoning and licensing provisions to regulate the sale of
THC products.
1. Outright prohibition
The City could probably prohibit the sale of THC products if it establishes an appropriate use and
has legitimate planning and zoning grounds for the ban. There is no “right” to s ell THC products
and cities have broad discretion in establishing zoning requirements. An outright ban would likely
need to be combined with other general business regulations (e.g., licensing) since the sale of THC
products is currently not a primary use of land but can be sold at any retail store.
2. Expressly authorize THC product sales
The City could expressly authorize THC Product sales at dedicated locations, establish the sale of
THC products as a dedicated permitted or conditional use, and consider imposing additional
regulations on those operations that it does authorize.
If the City chooses to authorize some uses, it should make clear that unauthorized uses are not
permitted.
Some examples of additional regulations might include:
restricting such uses to certain zoning districts;
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capping the total number of THC-related land uses within the City or within certain zoning
districts;
requiring that THC-related facilities not produce noxious odors;
requiring a minimum distance from certain land uses in addition to schools, such as child-
care facilities; places of worship and other religious institutions; health care practitioners.
and chemical dependency, alcohol and drug treatment facilities;
requiring a minimum distance between other THC-related uses; and
additional restrictions on signage and advertising.
Instead of including these traditional zoning provisions in the zoning code, the City could consider
including similar provisions as part of a licensing regulatory scheme (e.g., only issue a license to an
THC product business that is located within particular zoning districts). This approach would be
more appropriate if the City chooses not to require THC product sales at dedicated business
locations.
Additionally, when considering zoning regulations for THC products, the City can also consider
adopting similar regulations for similar products once they are licensed by the State as “lower-
potency hemp edibles”. This would result in the City treating businesses selling similar products in
a similar manner and doing so at the same time to help ensure the City has zoning regulations in
place prior to the state issuing licenses.
JMH
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Jason Hill
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-92662 telephone
(612) 337-9310 fax
jhill@kennedy-graven.com
MEMORANDUM
TO: Dr. Reginald Edwards, City Manager
Barbara Suciu, City Clerk
FROM: Jason Hill, City Attorney
DATE: May 19, 2023
RE: Summary of Immediately Effective Changes to Minnesota Statutes, section 151.72
(2022 edibles)
______________________________________________________________________________
The purpose of this memorandum is to provide guidance on the impact of the cannabis legalization
bill (the “Act”), to Minnesota Statutes, section 151.72, which is the 2022 legislation that resulted
in the expanded sales of hemp-derived THC products in Minnesota.
Unlike the majority of the provisions of the Act, which are effective July 1, 2023, the sections
amending Minnesota Statutes, section 151.72, are effective the day after the Governor signs the
bill into law. The House passed the bill on May 18, 2023, and the Senate is expected to pass the
Act on May 19, 2023. The Governor is expected to sign the Act within three days of it being
presented to him, which means that, depending on when the Act is presented to the Governor, the
Act could be signed as early as May 19, 2023.
In addition to amending Minnesota Statutes, section 151.72, the Act also amends Minnesota
Statues, section 340A.412 to allow edible cannabinoid products to be sold at exclusive liquor stores
the day after the bill is signed into law.
Regulation for Sales
The Act clarifies what types of products are considered under the two categories of product created
in 2022: 1) Nonintoxicating Cannabinoids; 2) Edible Cannabinoid Products.
A. Nonintoxicating Cannabinoids
Previous guidance from the Board of Pharmacy provided that Nonintoxicating Cannabinoids could
include a wide range of products that could be ingested by humans and animals in many ways. The
Act limits nonintoxicating cannabinoid products to products that are meant for external application
only, but which do not produce an intoxicating effect when consumed by any route of
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administration. The new language explicitly prohibits the sale of nonintoxicatin g nonedible
products meant for vaping or inhaling of smoke, chewing, drinking, swallowing, injection, or by
application to the mucus membrane.
B. Edible Cannabinoid Products
The definition of Edible Cannabinoid Products remains the same – a product that is intended to be
eaten or consumed as a beverage by humans, contains a cannabinoids in combination with food
ingredients, and is not a drug – but a number of minor changes in the Act impact the sale Edible
Cannabinoid Products.
1. Likeness
In addition to the previous requirements specific to edible cannabinoid products, such as the
requirement that they not bear resemblance to a real or fictional person, animal, or fruit that appeals
to children, be modeled after a brand of products primaril y consumed or marketed to children, or
be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially
available candy or food snack item, they now also must not be substantially similar to a meat food
product; poultry food product, or dairy product (the latter two have statutory definitions elsewhere
in law).
2. Beverage Serving Size
Edible Cannabinoid Products that are meant to be consumed as a beverage may contain no more
than two servings (5mg per serving means a beverage may contain no more than 10 mg per
package). The limits for Edible Cannabinoids that are not intended to be consumed as a beverage
remain the same – 50 mg of any THC total per package and each serving must be differentiated by
wrapping, scoring or other indicator, and must not contain more than 5 mg of any THC.
3. Type of THC Allowed
The Act adds new definitions for “Artificially Derived Cannabinoid” and “Synthetically Derived
Cannabinoids”. Artificially Derived Cannabinoids are cannabinoids derived from hemp that are
changed after extraction and Synthetically Derived Cannabinoids are substances with a similar
chemical structure and have a similar impact to a cannabinoid, but which are not extracted or
derived from hemp plants or parts. The Act clarifies that an Edible Cannabinoid Product may
contain delta-8 or delta-9 cannabinoids that is extracted or derived from the hemp plant or is an
Artificially Derived Cannabinoid but Edible Cannabinoid Products cannot contain a Synthetically
Derived Cannabinoid (not derived or extracted from hemp).
4. Display and Storage
The Act requires that all Edible Cannabinoid Products available for retail sale must be displayed
behind the checkout counter where the public is not permitted or in a locked case.
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This display and storage requirement does not apply to Edible Cannabinoid Products meant to be
consumed as beverages.
The Act adds additional and specific age verification requirements. Retailers must verify that a
client is over the age of 21 before completing a sale. Proof of age can be established only via:
passport, driver’s license, Tribal ID, state ID, or instructional permit. Retailers may seize IDs if
they believe them to be falsified or used in violation of the law, but must deliver the same to law
enforcement within 24 hours of seizure.
5. Exclusive Liquor Store Sales Authorized
In addition to amending Minnesota Statutes, section 151.72, the Act amends Minnesota Statutes,
section 340A.412 to specifically allow exclusive liquor stores to sell Edible Cannabinoids
Products.
C. On-Site Consumption – Edible Cannabinoid Products and Nonintoxicating
Cannabinoids
Products may be sold for on-site consumption if the retailer has an on-sale liquor license under
Minnesota Statutes, section 340A. Additionally, products must be served in their original
packaging and cannot be sold to patrons who a retailer knows or should reasonably know is
intoxicated. Retailers cannot permit the products to be mixed with alcohol, and products that are
removed from packaging must be consumed on-site. This change allows the on-site consumption
of both nonintoxicating cannabinoid products and edible cannabinoid products, including both
traditional edibles and products meant to be consumed as beverages. However, the likely exclusive
use of this will be for Edible Cannabinoid Products.
D. Regulations for Testing
The Act adds a definition for “batch”. A batch is a specified amount of product that must meet
certain manufacturing requirements, that is then submitted to the testing facility. Each batch must
be tested and each label must identify the batch. The Act also requires additional testing and
disclosure requirements.
Manufacturers must submit a sample of each batch of products for testing to an accredited,
independent laboratory before July 2, 2023. The manufacturer must further disclose to the lab all
known information regarding pesticides, fertilizers, solvents, and other foreign materials applied
or added to the hemp during manufacturing. The commissioner of health is entitled to review test
results at any time.
E. Regulations for Registration
The Act also transitions the state level enforcement of aspects of Minnesota Statutes, section
151.72 to the Minnesota Department of Health.
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All individuals selling edible cannabinoid products must register with the Minnesota Department
of Health on or before October 1, 2023. Selling without registration after that date is prohibited.
F. Penalties for Violations
The new legislation makes violating or falsifying records to comply with Minnesota Statutes,
section 151.72 a gross misdemeanor punishable by a $3,000 fine, up to one year imprisonment, or
both.
Termination of Minnesota Statues, section 151.72
Under the Act, Minnesota Statues, section 151.72 will be automatically repealed on March 1, 2025.
The Act also contains regulations for products defined as “Lower-Potency Hemp Edibles” which
are defined almost exactly the same as Edible Cannabinoid Products, and it is unclear how the
transition between Minnesota Statues, section 151.72 and Edible Cannabinoid Products to Lower-
Potency Hemp Edibles will occur between the date of enactment and March 1, 2025.
Conclusion
The amendments to Minnesota Statues, section 151.72 make clarifications to the types of products
that may be sold as Edible Cannabinoid Products, increase testing and labeling requirements, and
provides for additional criteria and requirements related to sales. In addition, changes to Minnesota
Statues, section 340A.412 allows Edible Cannabinoid Products to be sold in exclusive liquor
stores.
JMH
C ouncil/E DA Work Session
DAT E:7/10/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:D r. Reggie Edwards, City Manager
S U B J E C T:U pcoming I tems
Requested Council A con:
Memorial Policy
S pecial A s s essment Policy/F ranchise Fees (referred to F inancial C ommission)
Beau0fica0on and P ublic A rt C ommis s ion
Liquor S tore 2
O rganiza0onal Chart-Budget work ses s ions
New and Repeat Type I V Rental Licens e Review (referred to H ousing C ommission)
Food Truck O rdinance/Licens e
Emerald A s h Borer Policy Review (referred to Park & Rec C ommission November)
O pioid S e;lement
A R PA F unds
Police L abor S tudy
D og Park
G rants: Revenues & Expens es
P urchasing Policy
Commercial Vacant Building Fees
I nterveners I mpact
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values: