HomeMy WebLinkAbout08-28-23 CCPCouncil Study Session
City Hall Council Chambers
A ugust 28, 2023 AGE NDA
1.City Council Discussion of Agenda Items and Questions - 6 p.m.
2.M iscellaneous
a.Discussion with B C C S
J oint meeting between Brooklyn Center Community S chools and the Council
on Monday, October 23 4:00 pm to 5:30 pm. The purpose would be to build a
strategic partnering relationship and to share strategic directions. T he hope is
to establish scheduled reoccurring joint meetings between the two elected
bodies.
3.Discussion of Work S ession Agenda Item as T ime P ermits
4.Adjourn
C ouncil Study Session
DAT E:8/28/2023
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 U B J E C T:D is cus s ion w ith B C C S
B ackground:
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
A ugust 28, 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 - Butler - 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 Minutes
- Motion to approve the following meetings:
6/26/23 - Executive Session
7/10/23 - Executive Session
8/14/23 - Study Session
8/14/23 - Regular Session
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.An Ordinance A mending Chapter 35 of the City Code of Ordinance
Regarding A pplication Requirements for L and Disturbance Permits
- Motion to approve a first readi ng of the requested ordinance Amending
Chapter 35 of the City Code of Ordi nance Regarding Application
Requirements for Land Disturbance Permits, and set a second reading for
September 11, 2023.
7.P resentations/Proclamations/Recognitions/Donations
a.Proclamation of Recognition and Appreciation for Minnesota State Senator
Susan P ha for her Dedication and A dvocacy in S upport of State F unding for
the B rooklyn Center Community Center During the Minnesota 2023
L egislative Session
- Council read and approve proclamation of recognition and appreciation for
Minnesota State Senator Susan Pha for her dedi cation and advocacy in support
state funding for the City of Brooklyn Center Communi ty Center duri ng the
Minnesota 2023 l egislative session.
b.Proclamation of Recognition and Appreciation for Minnesota State
Representative Samantha Vang for her Dedication and A dvocacy in S upport
of State F unding for the B rooklyn Center Community Center during the
Minnesota 2023 L egislative S ession
- The City Council read and approves a proclamation of recognition and
appreciation to Minnesota State Representative Samantha Vang for her
dedication and advocacy in support of state funding for the Brooklyn Center
Community Center during the Minnesota 2023 legislative session.
c.Resolution Expressing Recognition and A ppreciation for the Over 35 Years of
Dedicated P ublic S ervice of Recreation Deputy Director J oel Ericksen
- Motion to approve a resolution expressing recognition and appreciation for
the over 35 years of public service of Recreation Deputy Director Joel
Ericksen.
8.P ublic Hearings
a.An Ordinance A mending Chapter 19 of the Brooklyn Center City Code to
Prohibit the Use of Cannabis and Hemp P roducts in Public Places
- Motion to:
Open the public hearing
Take public comment
Close the public hearing
- Motion to approve an ordinance amending Chapter 19 of the Brooklyn
Center City Code to Prohibit the Use of Cannabis and Hemp Products in
Public Places.
9.P lanning Commission Items
a.Resolution Regarding Planning Commission A pplication No. 2023-003
Submitted by the City of Brooklyn Center for a Conditional Use P ermit to
I nstall a New P ublic Use Dynamic Messaging Sign (6301 S hingle Creek
Parkway)
- Motion to adopt a resolution approving Planning Commissi on Application
No. 2023-003 for a Conditional Use Permit to i nstal l a new publ ic use
Dynamic Messaging Si gn (DMS) at 6301 Shi ngle Creek Parkway, based
upon the findings of fact and submitted plans, and as amended by the
conditions of approval in the resolution.
b.Resolution Regarding Planning Commission A pplication No. 2023-004
Submitted by the City of Brooklyn Center for a Conditional Use P ermit to
I nstall a New P ublic Use Dynamic Messaging Sign (6250 B rooklyn Boulevard)
- Motion to adopt a resolution approving Planning Commissi on Application
No. 2023-004 for a Conditional Use Permit to i nstal l a new publ ic use
Dynamic Messaging Si gn (DMS) at 6250 Brooklyn Boulevard, based upon
the findings of fact and submitted plans, and as amended by the conditions
of approval in the resolution.
c.Resolution Regarding Planning Commission A pplication No. 2023-005
Submitted by the City of Brooklyn Center for a Conditional Use P ermit to
I nstall a New P ublic Use Dynamic Messaging Sign (6500 Dupont Avenue
North)
- Motion to adopt a resolution approving Planning Commissi on Application
No. 2023-005 for a Conditional Use Permit to i nstal l a new publ ic use
Dynamic Messaging Si gn (DMS) at 6500 Dupont Avenue North, based
upon the findings of fact and submitted plans, and as amended by the
conditions of approval in the resolution.
10.Council Consideration Items
a.An Ordinance A mending Chapter 23 of the Brooklyn Center City Code
Regarding the L icensing of the S ale of E dible Cannabinoid Products within
the City
- Motion to approve the first reading of an Ordinance amending Chapter 23
of the Brooklyn Center City Code regarding the licensing of the sale of
edible cannabinoid products within the city and to hold a public hearing on
September 11, 2023.
b.An Ordinance A mendments to the F ranchise Agreement with X cel E nergy
- Motion to approve the first reading of an ordinance implementing an
electric franchise fee on Northern States Power Company, a Minnesota
corporation, D/B/A Xcel Energy, its successors and assigns for providing
electric service within the City of Brooklyn Center.
- Motion to approve the first reading of an ordinance granting to Northern
States Power Company, A Minnesota Corporation, D/B/A Xcel Energy, its
successors and assigns, permission to construct, operate, repair and
maintain in the City of Brooklyn Center, Minnesota, an electric distribution
system and transmission lines, including necessary poles, lines, fixtures
and appurtenances, for the furnishing of electric energy to the City, its
inhabitants, and others, and to use the public grounds and public ways of
the City for such purposes.
11.Council Report
12.Adjournment
C ouncil R egular M eeng
DAT E:8/28/2023
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:Barb S uciu, A ssistant City Manager/C ity C lerk
S U B J E C T:A pproval of Minutes
Requested Council A con:
- Moon to approve the following meengs:
6/26/23 - E xecu2ve Session
7/10/23 - E xecu2ve Session
8/14/23 - Study Session
8/14/23 - Regular Session
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee2ngs must be documented
and approved by the governing body.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
AT TA C H M E N TS :
D escrip2on U pload D ate Type
6.26 Execu2ve S ession 8/22/2023 Backup M aterial
7.10 Execu2ve S ession 8/23/2023 Backup M aterial
8.14 S tudy S es s ion 8/21/2023 Backup M aterial
8.14 Regular S ession 8/21/2023 Backup M aterial
6/26/23 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
EXECUTIVE SESSION
JUNE 26, 2023
CITY HALL – COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center City Council met in Executive Session called to order by Mayor April Graves
at 5:05 p.m.
2. ROLL CALL
Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia
Kragness. Also present were City Manager Reggie Edwards, Assistant City Manager/City Clerk
Barb Suciu, and City Attorney Jason Hill.
Councilmember Butler arrived at 5:12 p.m.
3. CLOSED SESSION COUNCIL – ATTORNEY DISCUSSION
Closed session—pursuant to Minn. Stat. § 13D.05, subd. 3(b) to discuss the pending litigation,
MDHR Ref. # 70468, with attorney representing the City of Brooklyn Center.
4. RECONVENE EXECUTIVE SESSION MEETING
Councilmember Jerzak moved and Councilmember Butler seconded to reconvene the Executive
Session at 5:27 p.m.
Motion passed unanimously.
Mayor Graves asked for a motion to settle the Minnesota Department of Human Rights, #70468
complaint.
Councilmember Butler moved and Councilmember Jerzak seconded to reconvene the Executive
Session at 5:27 p.m.
Motion passed unanimously.
________ -2- DRAFT
5. ADJOURNMENT
Councilmember Jerzak moved and Councilmember Butler seconded to close the Executive Session
at 5:36 p.m. Motion passed unanimously.
7/10/23 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
EXECUTIVE SESSION
JULY 10, 2023
CITY HALL – COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center City Council met in Executive Session called to order by Mayor April Graves
at 5:01 p.m.
2. ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
3. CLOSED SESSION COUNCIL – ATTORNEY DISCUSSION
Closed session-pursuant to Minn. Stat. § 13D.05, subd. 3(b) to discuss the pending litigation,
MDHR Ref. # 70468, with the attorney representing the City of Brooklyn Center.
4. RECONVENE EXECUTIVE SESSION MEETING
Councilmember Jerzak moved and Councilmember Butler seconded to reconvene the Executive
Session at 6:10 p.m.
Motion passed unanimously.
5. ADJOURNMENT
Councilmember Jerzak moved and Councilmember Butler seconded to close the Executive
Session at 6:11 p.m.
Motion passed unanimously.
8/14/23 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
AUGUST 14, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at
6:09 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and Teneshia
Kragness. Also present were City Manager Reggie Edwards, City Clerk Barb Suciu, and City
Attorney Jason Hill.
Councilmember Marquita Butler was absent.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Kragness pointed out that page seven of the July 24, 2023, Regular Session
minutes has Lauri’s name misspelled.
MISCELLANEOUS
Councilmember Lawrence-Anderson asked if the Council could prioritize the list of pending Work
Sessions. She asked if the Finance Commission has been able to meet regarding a grant policy.
City Manager Dr. Edwards stated the Finance Commission has not met, and staff is attempted to
receive feedback via email. It will be brought back to the Council if the email chain is unsuccessful.
Councilmember Lawrence-Anderson asked for more information on the $175,000 grant mentioned
in the weekly update that’s intended for violence prevention.
Councilmember Lawrence-Anderson added she would like more information about community
interveners, similar to a previous request by Mayor Graves.
Councilmember Lawrence-Anderson noted she would like the Council to have an opportunity to
discuss the labor study with the Police Chief.
Councilmember Kragness stated the next Finance Commission meeting is August 30, 2023, to
review general fund revenues. There could be an opportunity to discuss the grant policy at that
8/14/23 -2- DRAFT
time.
Councilmember Jerzak noted it has been over 60 days since he requested information from Dr.
Edwards regarding the Charter, required by 7.12. They need year-to-date budgets compared to
actual expenses. Also, there is a potential deficit related to Opportunity Site spending. He requested
a monthly budget update.
Dr. Edwards stated that staff anticipates a presentation for the Council regarding community
interveners on September 11, 2023. As for the labor study, it will not be possible for a singular
Department to present a plan as it requires input from multiple Departments. However, the Chief
can provide his feedback on the labor study. Dr. Edwards added he would speak with the Director
of Fiscal & Support Services about monthly reports.
Councilmember Jerzak explained the Council has to make an initial levy request, but the Council
has to be more aware of the impact of community interveners before they can commit to funding
the effort. Dr. Edwards stated the presentations on community interveners will be on September
11, 2023, which is well before a levy must be set. The program just started in the last few months,
so there is very little data to present so far.
Mayor Graves asked which specific Work Session Items are most important to Councilmember
Lawrence-Anderson. Councilmember Lawrence-Anderson stated the grant policy, discussion with
Police Chief about the labor study, and Liquor Store #2.
Councilmember Jerzak noted The Daunte Wright and Kobe Dimock-Heisler Community Safety
and Violence Prevention Act needs to be reviewed because a lot of the Resolution has budgetary
implications. Mayor Graves pointed out the Implementation Committee also wanted to discuss the
Resolution with the Council.
CITY COUNCIL/FINANCIAL COMMISSION MEETING ON AUGUST 30 AT 6 PM
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
2023 LEGISLATIVE CHANGES REGARDING 4D PROGRAM AND PROPERTY TAX
CLASSIFICATION
Dr. Edwards introduced the item and invited Jason Aarsvold, Ehlers representative, to continue the
presentation.
Mr. Aarsvold explained legislation signed into law in 2023 has resulted in adjustments to the 4d
tax classification rates, which apply to affordable housing and are set up specifically to be l ower
than market-rate housing to preserve and promote affordability.
Mr. Aarsvold stated property valuations are set through an extensive assessment process. The
values for each property are converted to a “tax capacity” number using different tax classification
8/14/23 -3- DRAFT
rates. Rates differ depending on the property type. Also, a property’s tax capacity is used to
calculate its total property tax using local tax rates. Other taxes may be included based on the
property type.
Mr. Aarsvold showed a table with various types of tax rates for commercial, rental housing,
affordable rental housing, non-homestead residential, and homestead residential. In Minnesota,
owners of qualifying affordable rental housing are eligible for reduced property taxes through the
Low-Income Rental Classification (LIRC), which is also known as "4d." To receive a property tax
reduction, owners of developments that receive public financial assistance agree to limit rents and
impose restrictions on tenant incomes.
Mr. Aarsvold noted the 4d classification rate applies only to affordable housing and is set up to
be lower than market-rate housing to preserve and promote affordability. The current
classification rate for 4d housing is 0.75% on the 1st $100,000 per-unit value and 0.25% on any
value above $100,000 per unit. The legislative changes signed into law this year will lower the
4d property tax classification rate to a flat 0.25% on all market values for affordable housing
projects. This revised classification relates to rental property and is now referred to as the 4d(1)
tax classification rate. This change will be effective for the pay 2025 tax year.
Mr. Aarsvold added the recent changes will require any new 4d(1) property to obtain approval,
by resolution from any city or town where the next tax capacity of 4d(1) property exceeds 2% of
the total net tax capacity in the prior assessment year. The Department of Revenue is required to
annually report to the Minnesota Housing Finance Agency (MHFA) all cities and towns where
4d(1) property exceeds the 2% total net tax capacity threshold. Based on calculations for the
prior assessment year, the City of Brooklyn Center is over this 2% threshold.
Mr. Aarsvold showed an example of a tax capacity calculation for the Wangstad Commons Tax
Capacity. With 54 units, the total tax capacity is $52,325. He then showed how the tax capacity is
converted into the total taxes, including local and market value, which would be $76,116 for
Wangstad Commons.
Mr. Aarsvold presented a table showing the impact of the tax capacity for various affordable
rental buildings in Brooklyn Center. The total tax capacity is $717,465, including tax increment
financing (TIF), and the City tax capacity would be $32,169,910. In 4d, the percentage would be
2.23 percent.
Mr. Aarsvold noted there are different calculations for non-TIF properties where there could be a
potential impact. With the change to 4d, Brooklyn Center could potentially lose about $158,000
in tax capacity annually, which equates to $86,382 of the City’s portion of taxes.
Mr. Aarsvold showed a table comparing the total taxes for Wangstad Commons with the current
4d class and the revised 4d class. The current calculation results in $76,116 for total taxes.
However, the revised 4d class results in $37,576 for total taxes.
8/14/23 -4- DRAFT
Mayor Graves asked why there was opposition to the 4d revisions. Mr. Aarsvold stated the
League of Minnesota Cities took a stance against the change because there would be a
disproportionate impact on certain cities. It also takes away some local control as most cities fall
under the two percent threshold.
Councilmember Jerzak asked if the non-TIF impacts are in perpetuity because TIF districts
generate less income for the length of the district. Mr. Aarsvold stated there are no time limits for
being a 4d property as long as they continue to qualify. In existing TIF districts, there may be a
change in term agreements to adjust for the tax generation.
Councilmember Jerzak stated he has concerns with property owners selling off affordable ren tal
properties because the City would be stuck with the reduced tax base. Mr. Aarsvold stated if the
new buyer were to maintain the requirements for a 4d project, they would continue to pay the
discounted rate.
ADJOURNMENT
Mayor Graves closed the Study Session at 6:54 p.m.
8/14/23 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
AUGUST 14, 2023
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April
Graves at 6:54 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Assistant City
Manager/City Clerk Barb Suciu, Office of Community Prevention, Health and Safety Director
LaToya Turk, and City Attorney Jason Hill.
Mayor April Graves opened the meeting for the purpose of an Informal Open Forum.
Wade P. stated that the City is trying to change State and Federal laws. He suggested finding a
group of mechanics or something to provide windshield wipers or bulbs to fix violations. The
problems need to be corrected rather than ignored.
Mayor Graves stated that the City can’t repeal State or Federal laws. However, they are working
on a recommendation to not use minor traffic violations as an excuse to pull a vehicle over for a
search.
Jeff L. noted that the City is down 16 officers. He asked where the unpaid wages are going. City
Manager Reggie Edwards stated unspent dollars return to the general fund. Jeff L. suggested using
the excess funds to provide fixes to cars with broken taillights and the like.
Councilmember Jerzak moved and Councilmember Butler seconded to close the Informal Open
Forum at 6:51 p.m.
Motion passed unanimously.
Mayor Graves noted there would be a brief recess.
2. INVOCATION
8/14/23 -2- DRAFT
Mayor Graves reconvened the meeting at 7:00 p.m.
Councilmember Lawrence-Anderson shared a quote from Napoleon Bonaparte, “Courage isn't
having the strength to go on - it is going on when you don't have strength.” She then read a
quote by Saint Francis Assisi, “Remember that when you leave this earth, you can take with you
nothing that you have received-only what you have given: a full heart enriched by honest service,
love, sacrifice, and courage.”
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor April Graves
at 7:02 p.m.
4. ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Assistant City
Manager/City Clerk Barb Suciu, Office of Community Prevention, Health and Safety Director
LaToya Turk, and City Attorney Jason Hill.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Graves noted there were minor changes to a spelling error in the July 24, 2023, Regular
Session minutes that were discussed during the Study Session. Also, Presentations/Proclamations/
Recognitions/Donations Item 7b. Legislative Appreciation was moved to a future meeting.
Councilmember Jerzak moved and Councilmember Butler seconded to approve the Agenda and
Consent Agenda, as amended, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. July 10, 2023 – Study Session
2. July 10, 2023 – Regular Session
3. July 24, 2023 – Study Session
4. July 24, 2023 – Regular Session
6b. LICENSES
MECHANICAL
Air Express, Inc. P.O. Box 490400, Blaine 55449
Air Force Mechanical, Inc. 2392 40th Street South, Waverly 55390
8/14/23 -3- DRAFT
Blue Yeti Services LLC 4205 Branson St., Edina 55424
CB Mechanical LLC 15658 150th Ave, Foreston 56330
Davis Mechanical Systems Inc 21225 Hamburg Ave, Suite 3,
Lakeville 55044
Erickson Plumbing Heating Cooling 1471 92nd Lane NE, Blaine 55449
GV Heating & Air Inc 5182 West Broadway, Crystal 55429
PB Services LLC 9410 Bataan St NE, Blaine 55449
Palen Kimball 1717 University Ave St. Paul 55104
Pember Companies, Inc N4449 469th St., Menomonie 54751
Quality HVAC Solutions II 7501 Duluth St, Golden Valley 55427
RENTAL
INITIAL (TYPE IV – six-month license)
6907 Dupont Avenue N Evang Luth Church of the Master
INITIAL (TYPE III – one-year license)
5332 Humboldt Avenue N C A Morales & Z A Contreras
INITIAL (TYPE II – two-year license)
4201 Lakeside Avenue N, #205 Corbet Cheung
5442 James Avenue N 5707 Emerson Ave N
6318 Brooklyn Drive Kayo Investment
RENEWAL (TYPE IV – six-month license)
3012 51st Avenue N Sri Lakshmi Valiveti
2001 54th Avenue N Serendipity Investment Llc
2406 Ericon Drive G B Homes Llc
5325 Knox Avenue N Maria Collaguazo
5712 Logan Avenue N Penrod, LLC
8/14/23 -4- DRAFT
6009 Aldrich Avenue N Rre Ventures Llc
6009 Aldrich Avenue N Rre Ventures Llc
6015 Dupont Avenue N Home Sfr Borrower Llc
6213 Lee Avenue N Emmanuel Benson & Kaibeh Benson
6501 Beard Avenue N Fyr Sfr Borrower Llc
6800 Fremont Place N Sharon Mcgary
7018 Irving Avenue N Omar A & Ayanna Adams
RENEWAL (TYPE III – one-year license)
1112 Emerson Lane Bodhi Emerson, LLC
3612 55th Avenue N Lutheran Social Srvc Of Mn
5313 Northport Drive Ih2 Property Illinois Lp
RENEWAL (TYPE II – two-year license)
5801 Xerxes Avenue N Brooklyn Center Ah I
5304 Vincent Avenue N Lou Yang & Pao G Vang
1323 67th Lane N 786 Homes-f23 Llc
5313 62nd Avenue N Chao Vang
5701 Bryant Avenue N Lin Shuang Llc
RENEWAL (TYPE I – three-year license)
6121 Brooklyn Boulevard Sanctuary Brooklyn Ctr Lp
3900 51st Avenue N Callaway Helbraun FamRev Tr
5323 Dupont Avenue N A F Nelson & H M Nelson
5642 Logan Avenue N Mnsf T3 Spe Llc
5715 Knox Avenue N AS Properties, LLC
6800 Fremont Place N Sharon Mcgary
8/14/23 -5- DRAFT
SIGNHANGER
Spectrum Sign Systems 8786 West 35W Service Drive NE,
Blaine 55449
HOSPITALITY ACCOMODATIONS
Brooklyn Center Hotel BL23-0439
2200 Freeway Blvd
TEMPORARY ON-SALE LIQUOR LICENSE
St. Alphonsus Catholic Church
Taste of Latin America 7025 Halifax Avenue N
September 23, 2023
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. ALTERNATIVE RESPONSE MODEL
City Manager Dr. Edwards introduced the item and invited Office of Community Prevention,
Health and Safety Director LaToya Turk to continue the Staff presentation.
Ms. Turk explained responding to the mental health crisis through innovative public safety
strategies is an evolution from reactive to proactive approaches, addressing root causes of social
health determinants that impact wellness and safety. Integrating public health principles into public
safety initiatives can lead to more resilient and safe communities. This approach goes beyond
simply responding to incidents and focuses on promoting community well-being. Applying public
health strategies to public safety involves a shift from reacting to incidents to proactively
addressing risk factors and promoting protective factors that contribute to community safety.
Ms. Turk showed a graphic showing strategy such as prevention, intervention, recovery, and
response. Prevention opportunities include school education and exposure opportunities.
Intervention refers to real-time engagement while recovery includes connection to resources.
Also, response is addressed through community responders.
Ms. Turk stated by addressing the root causes of safety concerns, prevention-focused approaches
can lead to more resilient and thriving communities. This shift has the potential to significantly
reduce crime and improve overall community well-being.
Ms. Turk stated key components of prevention in public safety include prevention through risk and
protective factor analysis, early intervention and outreach programs, and community engagement
and empowerment. Collaborative partnerships include understanding the role of law enforcement
and public health agencies and multi-disciplinary teams for holistic solutions.
Ms. Turk pointed out there is an opportunity for Brooklyn Center to partner with Hennepin County
8/14/23 -6- DRAFT
for an Alternative Response Team. The County has a current pilot program with Brooklyn Park.
The Alternative Response Team (ART) includes a Senior Social Worker that will respond in real-
time with a Community Paramedic from North Memorial Health. The team will be dispatched by
the Hennepin County Sheriff’s Office dispatch center. The ART team will respond to a variety of
call types which the 911 caller defines as urgent and nonviolent.
Ms. Turk stated from there, the senior social worker will be responsible for completing a needs
assessment and providing solution-focused interventions in person, referring for follow-up and
complete documentation. This position is an onsite position officed out of the Brooklyn Center
Police Department and will require travel throughout various cities in Hennepin County. The work
hours for the pilot program in Brooklyn Park are Monday through Friday 10:00 a.m. – 6:30 p.m.
Ms. Turk noted there are a number of benefits for ART in Brooklyn Center. The program would
help develop collaborative relationships with law enforcement, emergency departments, human
services, and other community stakeholders/partners, conduct needs and risk assessments of
adults, children, and adolescents in crisis in a client’s home or community setting, and utilize
solution-focused interventions and together with the individual in crisis, create a personalized
crisis/safety plan that is culturally informed, and person-centered.
Ms. Turk added the ART program can facilitate immediate treatment planning, disposition, and
coordination of recommendations and service coordination, coordinate placement into a facility
that provides a higher level of care when an individual is assessed to be unsafe to remain in the
community, facilitate immediate service coordination with community providers and connect
individuals to new and existing supports.
Ms. Turk stated ART would also provide consultation, support, and resources to police officers
when responding to behavioral health-related calls, document referrals received and case notes
utilizing state and county systems, transport individuals in county vehicles to community providers
to further stabilize as needed, and participate in community engagement events.
Ms. Turk explained benefits of alternative response teams are often context-dependent and can
vary based on the specific program design, community demographics, and local resources. She
pointed out the Brooklyn Center has the highest rate of disparities in the State, and the program
could be extremely impactful. Ongoing research and data collection are crucial to assess the long-
term impact and effectiveness of these initiatives.
Ms. Turk stated the potential long-term impact of a program such as ART includes a reduction in
the use of force incidents, decreased criminalization of mental illness, improved mental health
outcomes, enhanced community trust, increased community well-being, cost savings, preventative
impact, better allocation of resources, holistic approaches, and reduced stigma.
Ms. Turk noted challenges and opportunities for ART would be overcoming stigma and resistance
to change, resource allocation and funding considerations, and addressing socioeconomic
disparities. The Hennepin County model is significantly cheaper than previously considered
options. Brooklyn Center would only be responsible to cover the salary of the social worker, a
8/14/23 -7- DRAFT
radio to use, and an office space.
Ms. Turk showed a chart showing mental health problems and welfare check calls by day and hour
over two years, which was put together by the Brooklyn Center Police Department. There would
likely be a different need for response hours than what is currently implemented in Brooklyn Park.
Ms. Turk added the work plan includes community policing and collaboration, violence prevention
programs, mental health crisis response, opioid awareness, youth development initiatives, early
intervention initiatives, safe house initiatives, and employment and economic opportunities.
Councilmember Butler asked if Brooklyn Center put out an RFP for the services. Ms. Turk stated
the City did not do an RFP. Staff did look at other options for alternative response teams, but there
was a huge disparity between the County program and other programs for meeting State and
Federal requirements as well as costs.
Dr. Edwards added the current pilot program is not sufficient to meet the needs of Brooklyn Park,
so partnering with the County would likely allow for two shifts to be shared between the two cities.
Councilmember Kragness asked what the cost would be to fund the program. Ms. Turk stated the
responders would be County or North Memorial employees. The contract would be with Hennepin
County. Currently, the idea is to implement a two-year pilot and then reassess. Brooklyn Park does
have two teams now, and the city only covers the salary of the social workers while the County
pays for the paramedics.
Dr. Edwards stated the teams would likely be contracted, whether it be through the County or not.
The City does not currently have the skill to deploy the program without contractors.
Councilmember Kragness asked if they are aware the hours could change depending on which
model is implemented. Ms. Turk stated there is an ongoing conversation about program details
with the County, including the potential need for alternative hours. At first, the hours would have
to be the same as Brooklyn Park to allow the teams to support one another. Changing the hours
has the issue that more seasoned healthcare professionals are not interested in working evening
hours.
Councilmember Jerzak explained Commissioner Lunde told him the whole board voted to include
Brooklyn Center in the pilot program. Also, the intent of the program is to continue beyond the
two-year pilot.
Councilmember Jerzak pointed out there are challenges with the population because they are
allowed to refuse services and may pop up again and again. He asked if the details of the office
location and who the employees would report to. Ms. Turk stated the office would be within the
Police Department and would report to herself.
Mayor Graves asked if a similar position to Ms. Turk’s is being hired for in Brooklyn Park. Ms.
Turk confirmed that was true.
8/14/23 -8- DRAFT
Councilmember Kragness stated the intention was to have them separate from law enforcement.
Ms. Turk stated they will respond to the same radio as law enforcement. Housing them separately
doesn’t promote the collaboration necessary to have a successful alternative response.
Dr. Edwards pointed out other jurisdictions have alternative models that are housed separately
from law enforcement. Ms. Turk explained some models that are housed separately respond
alongside law enforcement rather than in place of law enforcement. Canopy in Minneapolis is an
example, and they are contracted by Minneapolis.
Councilmember Jerzak noted Brooklyn Park has received the program well and has been interested
in an additional shift. It doesn’t make sense for someone to be officed somewhere they aren’t
supervised. Ms. Turk stated the response is intended to be a public health response that will
complement the law enforcement response model that is already in place. The intention is to create
a model that is appropriate for Brooklyn Center rather than to copy Brooklyn Park.
Councilmember Jerzak asked if Brooklyn Park is considered successful. Ms. Turk stated it is too
early to make a statement either way.
Councilmember Butler noted there have been previous liaisons that are housed within the Police
Department but report elsewhere. Dr. Edwards added Brooklyn Park has created a similar office
to Brooklyn Center’s Office of Community Prevention, Health and Safety, and they expect the new
office to supervise the employee. Also, there is already a lack of resources within the Police
Department, so it would be unwise to ask them to supervise another person and program.
Councilmember Lawrence-Anderson asked how Ms. Turk will be able to know how the program
is doing if the position is housed in the Police Department. Ms. Turk stated there is a collaboration
between the Office of Community Prevention, Health and Safety, and the Police Department. They
are separate entities, but they are both ultimately the City. She speaks with the Police Chief daily.
Putting the resource within the Police Department will only enhance the relationship between law
enforcement and the community.
Councilmember Jerzak asked if law enforcement is on-board with the program and with the
proposed reporting strategy. Ms. Turk stated she meets with law enforcement and the County
weekly to address details such as reporting structure.
Councilmember Jerzak asked if law enforcement is on-board with the program and with the
proposed reporting strategy. Ms. Turk stated she has been meeting with the Police Department
regularly over the last six months, and there has been no opposition to the location of the
employee’s office.
7b. LEGISLATIVE APPRECIATION
This item was moved to a future meeting.
8/14/23 -9- DRAFT
7c. CITY-WIDE SURVEY RESULTS
This item was addressed after Council Consideration Items 10b. An Ordinance Amending Chapter
19 of the Brooklyn Center City Code to Prohibit the Use of Cannabis and Hemp Products in Public
Places (first reading) as the presenter was not present initially.
8. PUBLIC HEARINGS
None.
9. PLANNING COMMISSION ITEMS
None.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION SUPPORTING AN APPLICATION TO THE MINNESOTA
HOUSING FINANCE AGENCY TO RECEIVE 4D(1) CLASSIFICATION FOR
CERTAIN PROPERTY IN THE CITY
Dr. Edwards introduced the item and invited Jason Aarsvold, Ehlers representative, to continue the
presentation.
Mr. Aarsvold stated on May 8, 2023, the City Council and EDA approved the creation of a new
TIF district and held a public hearing regarding the sale of land owned by the EDA for the
Wangstad Commons housing development. On July 10, 2023, the EDA approved a TIF Assistance
Agreement between the EDA and Wangstad Commons LLLP for the project.
Mr. Aarsvold explained the 4d classification rate applies only to affordable housing and is set up
to be lower than market-rate housing to promote affordability. This revised classification relates to
rental property and is now referred to as the 4d(1) tax classification rate. This change will be
effective for the pay 2025 tax year. In addition, the legislation also says that in order to qualify for
the 4d(1) classification rate, property owners must receive the approval of the city or town where
the property is located in the net tax capacity of 4d property in that municipality is greater than 2%
of the total net tax capacity of the municipality in the prior assessment year.
The Wangstad Commons project’s financial feasibility and approved TIF assistance assume that
the project will qualify for the 4d property tax classification rate. Based on calculations for the
prior assessment year, Brooklyn Center is over this 2% threshold. Therefore, the Wangstad
Commons project must receive City approval to qualify for th e 4d(1) tax classification rate. The
Minnesota Housing Finance Agency (MN Housing), as the body administering this program,
indicates passage of a resolution supporting Wangstad Commons application for 4d(1) tax status
is sufficient to constitute approval under the revised statute.
Councilmember Kragness moved and Mayor Graves seconded to adopt a Resolution Supporting
8/14/23 -10- DRAFT
an Application to the Minnesota Housing Finance Agency to Receive 4d(1) Classification for
Certain Property in the City.
Motion passed unanimously.
10b. AN ORDINANCE AMENDING CHAPTER 19 OF THE BROOKLYN CENTER
CITY CODE TO PROHIBIT THE USE OF CANNABIS AND HEMP PRODUCTS
IN PUBLIC PLACES (FIRST READING)
Dr. Edwards introduced the item and invited City Attorney Jason Hill to continue the presentation.
Mr. Hill stated the proposed ordinance prohibits public use of cannabis products, and the definition
of “public use” is up to the City. Violation would be a petty misdemeanor. Mr. Hill noted the
ordinance is broad and can be adjusted as needed.
Councilmember Butler asked what can be sold in stores currently and what is the current licensing
process. Mr. Hill stated the Council has not made a decision. There is a draft licensing ordinance
that is being reviewed by staff.
Councilmember Lawrence-Anderson asked if the edibles can be used indoors but smoking is still
prohibited, be it tobacco or marijuana. Mr. Hill confirmed that this is correct.
Councilmember Jerzak noted his preference to keep the ordinance broad as it gives the City more
options.
Mayor Graves asked if an establishment that does not sell cannabis wants to allow the use of
cannabis, would that be allowed with the ordinance. Mr. Hill stated the ordinance basically says
that cannabis can only be used at a private residence or private structure. The language is
specifically pulled from the State Statute.
Mayor Graves stated the idea seems to be infringing upon business owners’ purview. Mr. Hill
stated the use would still be prohibited by the State. However, the State did not define public
spaces. It would be ultimately a petty misdemeanor for someone to smoke cannabis in public.
Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to approve the
first reading of an ordinance amending Chapter 19 of the Brooklyn Center City Code to prohibit
the use of cannabis and hemp in public places and schedule the second reading for August 28,
2023.
Motion passed unanimously.
Dr. Edwards pointed out that the staff is putting together a community education plan.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8/14/23 -11 - DRAFT
7c. CITY-WIDE SURVEY RESULTS
Dr. Edwards introduced the item and invited Peter Leatherman, Morris Leatherman Company, to
continue the presentation.
Mr. Leatherman explained 400 random households were sampled in Brooklyn Center. The data is
projectable within five percent in 95 out of 100 cases. Telephone interviews were conducted
between July 11 and July 28 of 2023. The average interview time was 18 minutes. The non-
response level was 5.5 percent. 57 percent of households in Brooklyn Center only have a cell phone
while 10 percent only have a landline.
Mr. Leatherman showed a graph depicting demographics in Brooklyn Center. 34 percent of
households have lived in the community for more than 20 years. As for age, 29 percent of residents
are aged 18 to 34. 61 percent of households are homeowners and 38 percent of the population is
white. Also, 52 percent of households reported being financially stressed.
Mr. Leatherman added one percent of residents are non-binary and 49 percent are female. Precinct
6 included the largest proportion of residents at 21 percent. Precinct 2 was the lowest percentage
at 13 percent.
Mr. Leatherman showed a quality of life graph compared with previous surveys. Throughout
Minnesota, residents have a less favorable view of the quality of life. In Brooklyn Center, 67
percent of Brooklyn Center residents report a good quality of life, and 22 percent indicated only
fair quality of life. Overall, Brooklyn Center is on par with the State’s norm.
Mr. Leatherman showed a graph with the most liked components of Brooklyn Center which
include close to family and friends, housing, close to job, and a peaceful community. The most
serious issue reported was crime at 33 percent. However, 14 percent reported there were no serious
issues.
Mr. Leatherman showed a graph showing the direction of the City over the past few years. The
2009 numbers show the impact of the recession, but Brooklyn Center is still moving in the right
direction at 80 percent.
Mr. Leatherman stated more people reported feeling more welcome and more accepted, though
those are not statistically significant. The opinions of youth, however, had a significant increase in
being valued by the City. As for community characteristics, a majority of residents report the
housing and shopping opportunities are about right. However, 44 percent of residents believe there
are too few retail shopping opportunities.
Mr. Leatherman noted there was a decrease in positive feedback regarding general redevelopment.
Nonetheless, a large majority still supports continued redevelopment and development incentives.
Mr. Leatherman presented a graph that showed a majority of residents thought the code
enforcement was about right. They were looking for more enforcement related to the appearance
8/14/23 -12- DRAFT
of properties.
Mr. Leatherman showed a graph with City property tax comparison over the years. Brooklyn
Center is unique in this aspect as they have the lowest percentage of reporting high taxes in 2023.
Property taxes are a hot-button issue across the State. The norm in the metro is for 55 percent of
residents to report high property taxes. In Brooklyn Center, only 39 percent of residents reported
high property taxes.
Mr. Leatherman pointed out the overall assessment of the value of City services was favorable in
two-thirds of cases. A majority favor property tax increases to maintain City service levels.
However, a majority of residents oppose property tax increases to enhance current or additional
offerings. The least favorable City services were street lighting, snow plowing, street maintenance,
and drinking water. Mr. Leatherman noted the statistics for street repair are similar to other areas.
However, the street lighting statistic is much more unfavorable in Brooklyn Center than in other
areas.
Mr. Leatherman showed a graph with feedback on unsafe City areas. There has not been a
statistically significant increase for that data point over the years. However, there was a statistically
significant in those who report feeling safe while walking alone at night in their neighborhood at
79 percent. The norm in the first ring suburbs is 70 percent. Mr. Leatherman added one in five
residents believe there is not enough patrolling and traffic enforcement.
Mr. Leatherman stated there was an overall positive response regarding the park system at around
80 percent.
Mr. Leatherman noted the view of the City’s growing population diversity varied greatly over the
years. Over time, the percentage of residents supporting population diversity has doubled. 84
percent believe the City is prepared for growing diversity, which is a significant increase from
2017. Also, 85 percent of people believe their voice is being heard in the community. The norm is
about 69 percent, so Brooklyn Center is above average.
Mr. Leatherman stated 82 percent of residents approve of City Council, which is slightly higher
than the norm. 80 percent of residents show favorable views of the staff, which is lower than the
norm of the Twin Cities. However, there has been a huge increase in favorable views of staff since
2009. Mr. Leatherman stated 28 percent of residents had contacted City Hall over the past year. Of
those, 80 percent or more had a positive experience.
Mr. Leatherman added 42 percent of residents get their information from the newsletter while 28
percent use the City website. The statistic varies greatly across cities. 59 percent want a physical
information source, and there is a clear demographic divide. Overall, 88 percent of the community
rate the communication of local issues favorably. The current norm is 75 percent. Brooklyn Center
residents do feel informed and empowered in the City.
Councilmember Jerzak asked if residents generally approve of increases in inflation to maintain
current services. Mr. Leatherman confirmed that was correct. It is a general consensus across the
8/14/23 -13- DRAFT
State that desires lower taxes but understands the need for inflation adjustments. Most people
support maintenance while few support enhancements of City services. More and more people
would like more services, but they simply cannot afford to.
Councilmember Jerzak noted most taxes are out of control of the City. He asked if there was any
discussion about City taxes in comparison to other taxes. Mr. Leatherman stated the survey
specifically only asked for feedback on taxes that go directly to the City. However, a majority of
people don’t understand that their taxes go to multiple sources rather than one big pot of money.
Councilmember Lawrence-Anderson requested a comparison of the 2017 survey regarding the
reason for the wrong track. Mr. Leatherman stated he didn’t have a copy of the 2017 survey.
However, the 43 percent of people reporting concern about crime as the reason for the wrong track
is only 43 percent of the 16 percent of people that believe the direction of the City is on the wrong
track. That translates to about 7 percent of the community saying the City is on the wrong track
because of the response to crime.
City Clerk Barb Suciu stated she has a spreadsheet comparing all of the previous surveys, and she
would provide a copy to Council.
Councilmember Kragness noted there was a high number of residents who have lived in the
community for a while and plan to stay. There was also a favorable response from residents
regarding community, feeling valued, and feeling welcomed.
Mayor Graves thanked Mr. Leatherman for the presentation.
11. COUNCIL REPORT
Councilmember Jerzak reported on his attendance at the following and provided information on
the following upcoming events:
Attended the Hmong Festival
Attended the Health Fair
Attended youth soccer night
Visited multiple farmer’s markets
Reached out to several constituents
Offered Council hours
Councilmember Kragness reported on her attendance at the following and provided information
on the following upcoming events:
Participated in Night to Unite
Met with Dr. Edwards
Met with Common Sense Consulting
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
Participated in Night to Unite
Continues to volunteer at Farm Fresh on Wednesdays
8/14/23 -14- DRAFT
Attended Thursday’s farmer’s market
Met with Dr. Edwards
Attended youth soccer event hosted by Luther Automotive and the Parks and Recreation
Department
Met with Common Sense Consulting
Attended Health Fair
Councilmember Butler reported on her attendance at the following and provided information on
the following upcoming events:
Met with Dr. Edwards
Met with Common Sense Consulting
Met with Mr. Langmore
Mayor Graves reported on his attendance at the following and provided information on the
following upcoming events:
Attended celebration hosted by the first lady of Brooklyn Park
Met with Implementation Committee
Also participated in other activities mentioned by the Council
12. ADJOURNMENT
Councilmember Butler moved and Councilmember Jerzak seconded the adjournment of the City
Council meeting at 8:34 p.m.
Motion passed unanimously.
C ouncil R egular M eeng
DAT E:8/28/2023
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 City O rdinance governing res pec6ve licenses , submi7ed appropriate applica6ons,
and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the City
Code of O rdinances, unless comments are noted below the property address on the a7ached rental report.
M echanical
Comfort M akers M echanical I nc.
7018 Knox Ave N, Brooklyn C enter 55430
Forced A ir I nc. D B A Wenz el H ea6ng & A ir Condi6oning
4145 O ld S ible H w y, Eagan 55122
P reven6ve Mechanical S ervice
1875 Buerkle Rd, W hite Bear Lake 55110
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 pera6onal Excellence
AT TA C H M E N TS :
D escrip6on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rentals 8/22/2023 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
4201 Lakeside Ave N, #111 Condo Initial Yohannes Seyoum
3 Type II N/A Type II N/A N/A
6436 Dupont Ave N Single Initial AA Homes LLC
5 Type II N/A Type II N/A N/A
3407 65th Ave N
Multiple Family
6 Bldgs 72 Units Renewal
Soderberg Investments Llc
Did not meet requirements 85 = 1.18 per unit Type II 8/13/23 Disturbance Type III Type III N/A
7256 Unity Ave N
Multiple Family
11 Bldgs 112 Units Renewal
Unity Limited Partnership
Met Requirements 172 = 1.54 per unit Type III
4/23/23 Homicide
4/26/23 Weapons
10/3/22 Robbery
6/5/23 Disturbance Type III Type III N/A
4214 Lakeside Ave Two Family Renewal J E Shoultz & G R Shoultz 8 Type III 0 Type III Type II N/A
5349 Penn Ave N Two Family Renewal
A M Abdullahi & Y M Noor
Did not meet requirements
7 Type III 0 Type III Type IV N/A
4207 Lakeside Ave N, #125 Condo Renewal Don R Stenberg
0 Type I 0 Type I Type II N/A
4207 Lakeside Ave N, #224 Condo Renewal Justus3 Llc
2 Type I 0 Type I Type I N/A
2813 64th Ave N Single Renewal
Everest Holdings, LLC
Met Requirements
13 Type IV 0 Type IV Type IV 2
3818 Burquest La Single Renewal
Ayan I Yusuf
Did not meet requirements
5 Type II 0 Type III Type III N/A
4501 Winchester La Single Renewal
TM Odeniyi & K Odeniyi
Met Requirements 4 Type II 0 Type II Type IV N/A
5312 Northport Dr Single Renewal Hpa Us1 Llc
14 Type IV 0 Type IV Type II 0
5555 Dupont Ave N Single Renewal
Maria Magdalena Velez Velez
Met Requirements 18 Type IV 0 Type IV Type III 0
6337 Bryant Ave N Single Renewal
Park Ave Homes Llc
Met Requirements
3 Type II 0 Type II Type IV N/A
6437 Kyle Ave N Single Renewal United Hmong Investment Llc
8 Type III 0 Type IV Type IV 2
6501 Brooklyn Dr. Single Renewal Dawn M Araya & Danilo Araya
21 Type IV 0 Type IV Type IV 4
Rental Licenses for Council Approval 8.28.23
6761 Humboldt Ave N Single Renewal Li-chwen Su
1 Type I 0 Type I Type I N/A
6777 Humboldt Ave N Single Renewal A Ryvlin & T Ryvlin
0 Type I 0 Type I Type I N/A
6807 Scott Ave N Single Renewal Gao Qiang Liu
6 Type III 0 Type III Type I N/A
6925 Scott Ave N Single Renewal Hamdi M Omar
1 Type I 0 Type IV Type IV 2
7000 Oliver Ave N Single Renewal P E Enohnyaket/m Enohnyaket 6 Type III 0 Type III Type II N/A
7025 Newton Ave N Single Renewal Stephen & Michelle Branham
6 Type III 0 Type III Type I N/A
*CFS = Calls for Service for renewal licenses only (Initial licences are not applicable to calls for service, and will be listed as N/A
**License type being issued
***Initial licenses will now show a Type I = 3 Year, Type II = 2 Year, Type III = 1 Year, Type IV = 6 months
All properties are current on City utilities and property taxes
C ouncil R egular M eeng
DAT E:8/28/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, D irector of P ublic Works
BY:J ames S ol1s , P.E., A s s is tant C ity Engineer
S U B J E C T:A n O rdinance A mending C hapter 35 of the City Code of O rdinance Regarding A pplica1on
Requirements for L and D is turbance Permits
Requested Council A con:
- Moon to appr ove a first reading of the r equested ordinance A mending C hapter 35 of the C ity C ode of
Ordinance Regarding A pplicaon Requir ements for L and D istur bance Permits, and set a second r eading for
S eptember 11, 2023.
B ackground:
A s part of the ci1es required Na1onal Pollutant D is charge Elimina1 on S ys tem (N P D E S ) permit regulated by
the United S tates Environmental P rotec1on A gency and the M innesota Pollu1 on Control A gency (M P C A ),
the C ity of Brooklyn Center is obligated to develop and implement policies and ordinances to minimize the
dis charge of pollutants through its municipal separate s torm s ewer sys tem (M S 4).
D ue to changes in the s tate regula1 ons as part of the M P C A G eneral Per mit (M N R0 4 0 0 0 0 ) the city is
required to make revisions to the r egula1 ons and requirements w ith regard to land dis turbance permi;ng.
The City is alr eady car ry ing out these prac1 ces, however they need to be codified in or dinances to be in
compliance w ith our N P D E S permit. To meet thes e requirements amendments to Chapters 3 5 of the C ity
Code of O rdinances mus t occur.
Compliance w ith the N P D E S permit program is crucial for protec1ng and improv ing the quality of our
na1on's w ater s , and failur e to comply with the permit requirements could res ult in penal1es and
enforcement ac1 ons . H ence, it is impera1v e that the city revises our ordinances pr omptly to meet
regulatory requirements and maintain environmental protec1on.
B udget I ssues:
There are no budget is s ues to consider with this ac1on.
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 escrip1on U pload D ate Type
O rdinance 8/22/2023 O rdinance
1
CITY OF BROOKLYN CENTER
ORDINANCE NO. ________
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES
REGARDING APPLICATION REQUIREMENTS FOR LAND DISTURBANCE PERMITS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 35, 35-7901 is amended by adding the following
double-underlined language:
35-7901 Applicability.
No construction, reconstruction, development, redevelopment, grading, excavation, or other
activity shall occur without first securing a permit from the Community Development
Department if such activity causes a land disturbance of 10,000 square feet or more of land.
For certain construction activity, various other permits may also be required. The applicant
of construction activity is responsible for obtaining any other required permits from the City
and other State, Federal, or local governmental agencies having any authority over the work
to be performed. Typically, such agencies may include, but are not limited to, Shingle Creek
and West Mississippi Watershed Management Commissions, the U.S. Army Corps of
Engineers, the Minnesota Pollution Control Agency, the Minnesota Department of Natural
Resources, the Minnesota Department of Transportation, and the State Historical
Preservation Office.
Article II. Brooklyn Center City Code, Chapter 35, Section 39-7903 is amended by adding the
following double-underlined language and deleting the stricken language:
35-7903 Required Plans.
The applicant shall submit construction plans and supporting calculations. The submittals
shall comply with the following requirements:
(a) The plans shall meet the requirements of the Shingle Creek and West Mississippi
Watershed Management Commission’s Rules and Standards, and the Minnesota
Pollution Control Agency. Construction Permit. Alternative treatment best
management practices must be considered where any of the following apply:
Permanent stormwater management system designs, including calculations shall be
provided with the plans.
1) Where industrial facilities are not authorized to infiltrate industrial
stormwater under a National Pollutant Discharge Elimination System/State
Disposal System Permit;
2
2) When receiving runoff from fueling and vehicle maintenance areas, unless
the infiltration practices is designed to allow for spill control;
(b) The infiltration practice shall be 10 feet away from all buildings, or; When a land
disturbance permit is required, a satisfactory erosion control and grading plan
consistent with the Minnesota Stormwater Manual must be approved by the City
Engineer before a grading or building permit is issued for construction.
(c) The infiltration practice shall not be used within fifty (50) feet of a City or private
well, unless specifically allowed by an approved wellhead protection plan. The
grading and erosion control plan must provide spot elevations of proposed grades in
relation to existing grades on the subject property and adjacent land. Areas where the
finished slope will be steeper than five units horizontal to one vertical shall be
specifically noted. Also, location and type of erosion control devices shall be clearly
labeled.
(d) The plan shall provide 2-foot contour lines with spot elevations of proposed grades
in relation to existing grades on the subject property and adjacent land. The location
and type of erosion control devices shall be clearly labeled. Every effort shall be
made to minimize disturbance of existing ground cover. No grading or filling shall
be permitted within 40 feet of the ordinary high water mark of a water body unless
specifically approved by the City. To minimize the erosion potential of exposed
areas, restoration of ground cover shall be provided within five days after completion
of the grading operation.
(e) The plan shall address the management of post development runoff and means of
assuring the long-term maintenance and operation of best management practices and
storm water management structures, devices and methods. Every effort shall be made
during the grading permit application process to determine the full extent of erosion
control required. However, the City Engineer may require additional controls to
correct specific site related problems as normal inspections are performed.
(f) All erosion control noted on the approved plan shall be installed prior to the initiation
of any site grading or construction. Noncompliance with the grading and erosion
control plan shall constitute grounds for an order from the City to halt all
construction.
(g) All grading and construction activity that requires a land disturbance permit shall
comply with Minnesota Pollution Control Agency's General Permit to Discharge
Stormwater Associated with Construction Activity No. MNR100001, the Minnesota
Pollution Control Agency's General Permit to Discharge Stormwater Associated with
Small Municipal Separate Storm Sewer Systems No. MNR040000, and the
Minnesota Stormwater Manual.
3
Article VI. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Article VII. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this ____ day of _____________, 2023.
_______________________________
April Graves, Mayor
ATTEST: _________________________
Barb Suciu, City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double-underline indicates new matter.)
C ouncil R egular M eeng
DAT E:8/28/2023
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:P roclama,on of Recogni,on and A pprecia,on for Minnes ota S tate S enator S us an P ha for
her D edica,on and A dvocacy in S upport of S tate F unding for the Brooklyn C enter
C ommunity C enter D uring the M innesota 2023 Legisla,ve S es s ion
Requested Council A con:
- C ouncil read and approve proclamaon of recognion and appreciaon for M innesota S tate S enator
Susan Pha for her dedicaon and advocacy in support state funding for the City of B rooklyn Center Community
Center during the Minnesota 2023 legislave session.
B ackground:
I n 2023, the C ity C ouncil establis hed its 2023 L egis la,ve P riori,es, s upported s tate capital bonding, and
passed Resolu,on No. 2023-10 s uppor,ng the authority to impos e a local op,on s ales tax fund to facilitate
s trategic inves tment in the Brooklyn C enter C ommunity C enter.
D uring the 2023 Minnes ota L egis la,ve S ession, S enator S usan P ha s erved as V ice Chair of the Capital
I nvestment C ommi9ee and as a member of the H ous ing and H omeles s P reven,on Commi9ees.
S enator S usan P ha s uccessfully authored S F 1748 regarding state capital bonding for construc,on of the
Brooklyn Center Community Center, which was s ecured in the Capital I nves tment bill for $5.1 million.
S enator S usan P ha s uccessfully authored S F 761 regarding the Brooklyn Center authoriz a,on to s eek use
of a local s ales and use tax for cons truc,on of the Brooklyn C enter C ommunity C enter, w hich in aggregate
may go up to, but not exceed $44 million.
The C ity C ouncil and residents of Brooklyn Center recognize and appreciate S enator S usan P ha for her
dedica,on and advocacy at the Minnes ota L egis lature on behalf of the City of Brooklyn Center.
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, C us tomer I n,macy
AT TA C H M E N TS :
D escrip,on U pload D ate Type
P roclama,on 8/23/2023 Backup M aterial
PROCLAMATION OF RECOGNITION AND APPRECIATION
FOR MINNESOTA STATE SENATOR SUSAN PHA FOR HER DEDICATION AND
ADVOCACY IN SUPPORT OF STATE FUNDING FOR THE CITY OF BROOKLYN CENTER
COMMUNITY CENTER DURING THE MINNESOTA 2023 LEGISLATIVE SESSION.
WHEREAS, Senator Susan Pha was elected to the Minnesota State Senator (District 38) in 2022; and
WHEREAS, During the 2023 Minnesota Legislative Session, Senator Susan Pha served as Vice Chair of
the Capital Investment Committee and as a member of the Housing and Homeless
Prevention Committees; and
WHEREAS, In 2023, the City Council established its 2023 Legislative Priorities, supported state capital
bonding, and passed Resolution No. 2023-10, supporting the authority to impose a local
option sales tax fund to facilitate strategic investment in the Brooklyn Center Community
Center; and
WHEREAS, Senator Susan Pha successfully authored SF 1748 regarding state capital bonding for the
Brooklyn Center Community Center, which was secured in the Capital Investment bill for
$5.1 million; and
WHEREAS, Senator Susan Pha successfully authored SF 761 regarding the Brooklyn Center
authorization to seek the use of a local sales and use tax for construction of the Brooklyn
Center Community Center, which in aggregate may go up to, but not exceed $44 million;
and
WHEREAS, Senator Susan Pha demonstrated sound judgment and kept the interest of the City of
Brooklyn Center residents as a priority; and
WHEREAS, Senator Susan Pha’s dedicated service, representation, and advocacy for the City of Brooklyn
Center is greatly appreciated.
NOW, THEREFORE, I, April Graves, Mayor of the City of Brooklyn Center, on behalf of the Brooklyn
Center City Council and residents of Brooklyn Center, do hereby recognize and appreciate Senator Susan Pha for
her dedication and advocacy at the Minnesota Legislature on behalf of the City of Brooklyn Center.
August 28, 2023
Date Mayor
ATTEST:
City Clerk
C ouncil R egular M eeng
DAT E:8/28/2023
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:P roclama,on of Recogni,on and A pprecia,on for Minnes ota S tate Repres enta,ve
S amantha Vang for her D edica,on and A dvocacy in S upport of S tate F unding for the
Brooklyn C enter C ommunity C enter during the Minnes ota 2023 L egis la,ve S ession
Requested Council A con:
- The C ity C ouncil read and approves a proclamaon of recognion and appreciaon to Minnesota S tate
Representave S amantha Vang for her dedicaon and advocacy in support of state funding for the
Brookly n C enter C ommunity C enter during the Minnesota 2023 legislave session.
B ackground:
I n 2023, the C ity C ouncil establis hed its 2023 L egis la,ve P riori,es, s upported s tate capital bonding, and
passed Resolu,on No. 2023-10 s uppor,ng the authority to impos e a local op,on s ales tax fund to facilitate
s trategic inves tment in the Brooklyn C enter C ommunity C enter.
D uring the 2023 Minnes ota L egis la,ve S ession, Representa,ve S amantha Vang served as Chair of the
A griculture F inance and Policy Commi9ee and as a member of the Environment and Natural Res ources
finance and Policy, H igher Educa,on F inance and Policy and Legacy F inance C ommi9ees .
Representa,ve S amantha Vang supported state capital bonding for construc,on of the Brooklyn Center
Community Center, which was s ecured in the Capital I nves tment bill for $5.1 million.
Representa,ve S amantha Vang succes s fully authored H F 1014 regarding the Brooklyn Center authoriz a,on
to s eek use of a local s ales and use tax for cons truc,on of the Brooklyn C enter C ommunity C enter, w hich in
aggregate may go up to, but not exceed $44 million.
The C ity C ouncil and residents of Brooklyn Center recognize and appreciate Representa,ve S amantha Vang
for her dedica,on and advocacy at the M innesota Legislature on behalf of the C ity of Brooklyn C enter.
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, C us tomer I n,macy
AT TA C H M E N TS :
D escrip,on U pload D ate Type
P roclama,on 8/23/2023 Backup M aterial
PROCLAMATION OF RECOGNITION AND APPRECIATION FOR MINNESOTA STATE
REPRESENTATIVE SAMANTHA VANG FOR HER DEDICATION AND ADVOCACY IN
SUPPORT OF STATE FUNDING FOR THE BROOKLYN CENTER COMMUNITY CENTER
DURING THE MINNESOTA 2023 LEGISLATIVE SESSION
WHEREAS, Representative Samantha Vang was elected to the Minnesota State House of Representatives
(District 38B) in 2018; and
WHEREAS, During the 2023 Minnesota Legislative Session, Representative Vang served as Chair of the
Agriculture Finance and Policy Committee and as a member of the Environment and Natural
Resources Finance and Policy, Higher Education Finance and Policy and Legacy Finance
Committees; and
WHEREAS, In 2023, the City Council established its 2023 Legislative Priorities, supported state capital
bonding, and passed Resolution No. 2023-10, supporting the authority to impose a local option
sales tax fund to facilitate strategic investment in the Brooklyn Center Community Center.
WHEREAS, Representative Vang supported state capital bonding for the Brooklyn Center Community
Center, which was secured in the Capital Investment bill for $5.1 million; and
WHEREAS, Representative Vang successfully authored HF1014 regarding the Brooklyn Center
authorization to seek the use of a local sales and use tax for construction of the Brooklyn Center
Community Center, which in aggregate may go up to, but not exceed $44 million; and
WHEREAS, Representative Vang demonstrated sound judgment and kept the interest of the City of Brooklyn
Center residents as a priority; and
WHEREAS, Representative Samantha Vang’s dedicated service, representation, and advocacy for the City
of Brooklyn Center is greatly appreciated.
NOW, THEREFORE, I, April Graves, Mayor of the City of Brooklyn Center, on behalf of the Brooklyn Center
City Council and residents of Brooklyn Center, do hereby recognize and appreciate Representative Samantha Vang
for her dedication and advocacy at the Minnesota Legislature on behalf of the City of Brooklyn Center.
August 28, 2023
Date Mayor
ATTEST:
City Clerk
C ouncil R egular M eeng
DAT E:8/28/2023
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:C ordell W is eman, Park & Recrea-on D irector
S U B J E C T:Res olu-on Expressing Recogni-on and A pprecia-on for the O ver 35 Years of D edicated
P ublic S ervice of Recrea-on D eputy D irector Joel Ericks en
Requested Council A con:
- Moon to approve a resoluon expressing recognion and appreciaon for the over 35 y ears of public
service of Recreaon D eputy D irector J oel Ericksen.
B ackground:
D eputy D irector J oel Ericksen s tarted working for the city part--me in 1985 and trans i-oned to full -me in
1988. H e has held many pos i-ons with C ommunity and Recrea-on S ervices (C A RS ) w hich is now the
Recrea-on D epartment.
Mr. Ericksen has been a great asset to the Recrea-on D epartment as well as the City of Brooklyn Center. M r.
Ericks en will be re-ring O ctober 30, 2023. We all w is h him well in his re-rement lifes tyle. C ongratula-ons
Joe.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Enhanced Community I mage, O pera-onal Excellence
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on 8/23/2023 Backup M aterial
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO. _______________
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE OVER 35
YEARS OF DEDICATED PUBLIC SERVICE OF
RECREATION DEPUTY DIRECTOR
JOEL ERICKSEN
WHEREAS, Joel Erickson began working for the City of Brooklyn Center in
March 1985, part-time as a Building Supervisor in the Parks and Recreation Department; and
WHEREAS, in 1988, Mr. Ericksen became a full-time employee as a Recreation
Program Supervisor in Parks and Recreation Department; and
WHEREAS, in 2021, Mr. Ericksen was appointed the Interim Community and
Recreation Services (CARS) Director during the transition of hiring a new director for the
department; and
WHEREAS, in 2021, after and Director was hired, Mr. Ericksen was appointed
the Deputy Recreation Director; and
WHEREAS, Mr. Ericksen managed the National Dudley Softball Tournament
for 33 years which brought thousands of people from across the country each year to Brooklyn
Center. Mr. Ericksen assisted in the revision of the Recreation Department which increased
staffing, access and programs for the community of Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, upon recommendation of the City Manager, that we recognize the
honorable retirement of Deputy Director Joel Ericksen on October 30, 2023, and express sincere
appreciation for her dedicated public service. We wish Joel and his family the very best in the
future.
August 28, 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:
RESOLUTION NO. _______________
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:8/28/2023
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 O rdinance A mending C hapter 19 of the Brooklyn Center City Code to P rohibit the U s e
of C annabis and H emp P roducts in P ublic P laces
Requested Council A con:
- Moon to:
Open the public hearing
Take public comment
C lose the public hearing
- Moon to approve an ordinance amending C hapter 19 of the Brookly n C enter C ity C ode to P rohibit the
Use of C annabis and H emp P roducts in P ublic P laces.
B ackground:
The C annabis A ct legalized the posses s ion and use of cannabis flow er and cannabis products on A ugust 1,
2023, meaning personal pos s ession and us e are generally no longer illegal under Minnes ota law.
The penalty establis hed for us e of cannabis or hemp in a public place is a pe)y misdemeanor as provided for
in the C annabis A ct. The Cannabis A ct does not s pecially allow for use in public places to be a misdemeanor
or other more s evere penalty.
The C ity may, how ever, es tablish a fine for a pe)y mis demeanor offense. S tate statute allow s a pe)y
misdemeanor to carry a fine of up to $300. A)ached is a dra: ordinance that includes a fee of up to $200,
but the C ouncil may choose a different amount.
B udget I ssues:
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 escrip;on U pload D ate Type
O rdinance 8/8/2023 O rdinance
C over memo 8/21/2023 Cover Memo
CITY OF BROOKLYN CENTER
Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on
Monday, August 28, 2023 at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota. Said public hearing will include a second
reading and proposed adoption of an ordinance prohibiting the use of cannabis and hemp products in
public places within the City of Brooklyn Center. Meeting materials can be accessed by visiting the
City of Brooklyn Center’s website at: https://www.ci.brooklyn-center.mn.us/. A definite time for this
ordinance to be considered cannot be given as it will depend on the progression of the agenda items.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Clerk at (763) 569-3300 to make arrangements.
ORDINANCE NO. 2023-05
AN ORDINANCE AMENDING CHAPTER 19 OF THE BROOKLYN CENTER CITY CODE
TO PROHIBIT THE USE OF CANNABIS AND HEMP PRODUCTS IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAINS AS
FOLLOWS:
Section 1. Brooklyn Center City Code, Chapter 19 Table of Contents, is hereby amended by
adding the following double-underlined language:
PROHIBITING USE OF CANNABIS AND HEMP PRODUCTS IN PUBLIC PLACES
Definitions ……………………………………………………………………………. 19-4000
Use of Cannabis and Hemp Prohibited in Public Places ……………………………… 19-4001
Penalties ……………………………………………………………………………….. 19-4002
Section 2. Brooklyn Center City Code, Chapter 19, is hereby amended by adding Sections 19-
4000 through 19-4002 as follows:
Section 19-4000. DEFINITIONS. For purposes of this section, the following definitions
shall apply in the interpretation and enforcement of Sections 19-4000 through 19-4002.
1. “Cannabis flower,” “cannabis products,” “lower-potency hemp edibles,” and
“hemp-derived consumer products” shall have the definitions given to them in
Minnesota Statutes, section 342.01, as it may be amended from time to time.
2. “Public place” is defined as any indoor or outdoor area that is used or held out for
use by the public whether owned or operated by public or private interests. Pursuant
to Minnesota Statutes, section 152.0263, subd. 5, “public place” does not include
the following: (i) a private residence, including the person's curtilage or yard; (ii)
2
private property not generally accessible by the public; and (iii) the premises of an
establishment or event licensed to permit on-site consumption of cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products.
Section 19-4001. USE OF CANNABIS AND HEMP PROHIBITED IN PUBLIC
PLACES. No person shall use cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products in a public place.
Section 19-4002. PENALTIES. A violation of this section shall be considered a petty
misdemeanor notwithstanding any other penalty provision in the city code, and, upon conviction,
the violator shall be punished by a fine not to exceed $200.
Section 3. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Section 4. Effective Date. This Ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this ___ day of __________, 2023.
____________________________
April Graves, Mayor
ATTEST: _________________________
City Clerk
Date of Publication
Effective Date
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
MEMORANDUM
DATE: August 8, 2023
TO: Brooklyn Center City Council
Dr. Reginald Edwards, City Manager
Barbara Suciu, Assistance City Manager/City Clerk
FROM: Jason M. Hill, City Attorney
Joseph L. Sathe, Assistant City Attorney
RE: Prohibiting Use of Cannabis and Hemp in Public Places
The purpose of this memo is to provide an explanation of the proposed ordinance prohibiting use
of cannabis and hemp products in public places.
I. Background
The Cannabis Act legalized the possession and use of cannabis flower and cannabis products on
August 1, 2023, meaning personal possession and use are generally no longer illegal under
Minnesota law.
The Cannabis Act makes use of cannabis ille gal when operating a motor vehicle and at the
following locations: public school or charter schools and buses; state correctional facilities; in a
location where the smoke, aerosol or vapor from the use of cannabis could be inhaled by a minor;
on federal property; and smoking or vaping with in a multifamily housing building. Additionally,
owners of day care must disclose to parents if the proprietors permit use of cannabis outside of
normal business hours.
As described further in this memo, the Cannabis Act allows cities to adopt an ordinance making
use of cannabis and hemp products a petty misdemeanor in public places.
II. City Ordinance – Use In Public A Petty Misdemeanor
a. Definition of Public Place
In addition to the statewide prohibitions listed above, the Cannabis Act allows a local unit of
government to prohibit use of cannabis flower, cannabis products, lower-potency hemp edibles, or
2
hemp-derived consumer products in a public place and allows the local unit of government to
define what constitutes a “public place.”
However, the definition of “public place” cannot include the following places: (1) a private
residence, including the person's curtilage or yard; (2) private property not generally accessible by
the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the
owner of the property; or (3) the premises of an establishment or event licensed to permit on-site
consumption.
The draft ordinance defines public place broadly to include “any indoor or outdoor area that is
used or held out for use by the public whether owned or operated by public or private interests.”
The definition also excludes the places listed above that must be excluded.
b. Penalty Is A Petty Misdemeanor/Establishing A Fine.
The penalty established for use of cannabis or hemp in a public place is a petty misdemeanor as
provided for in the Cannabis Act. The Cannabis Act does not specially allow for use in public
places to be a misdemeanor or other more severe penalty.
The City may, however, establish a fine for a petty misdemeanor offense. State statute allows a
petty misdemeanor to carry a fine of up to $300. The attached draft includes a fee of up to $200,
but that can be changed if the Council chooses.
III. Additional Considerations
a. Medical Cannabinoid Exemption.
The attached draft prohibits the use of medical cannabis flower (because it is included in the
definition of cannabis flower) and medical cannabinoids (because it is included in the definition
of cannabis product) in public places.
The City could choose to exempt medical cannabinoid products from the prohibition, but still
prohibit use of medical cannabis flower and the smoking, vaping, or inhalation of aerosol of
medical cannabinoid products. This would still prohibit the smoking, vaping, or inhalation of
aerosol of all cannabis within the City, while allowing patients registered with the state’s medical
cannabis program to use other medical cannabinoid products in public places.
b. Different Definition of Public Place
The definition of public place is very broad. If the Council desires, the definition of public place
could be defined to be more limited. For example, instead of including all public and private
locations, the definition could include only publicly owned places, streets, sidewalks, parks, etc.
3
IV. Conclusion
If the City Council desires to prohibit the use of cannabis and hemp products in public places, it
can adopt the proposed ordinance.
The Council may also choose to provide direction to amend the language of the draft ordinance to
exempt medical cannabinoids, choose a different definition of public place, or impose a different
fee violating the prohibition of use of cannabis and hemp products in public places.
JMH/JLS
C ouncil R egular M eeng
DAT E:8/28/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:G inny M cI ntosh, City P lanner and Zoning A dminis trator
S U B J E C T:Res olu0on Regarding P lanning C ommis s ion A pplica0on No. 2023-003 S ubmi4ed by the
C ity of Brooklyn C enter for a C ondi0onal Use Permit to I ns tall a New P ublic U s e D ynamic
M essaging S ign (6301 S hingle C reek Parkway)
Requested Council A con:
- Moon to adopt a r esoluon appr oving P lanning C ommission A pplicaon No. 2 0 2 3 -0 0 3 for a
C ondional Use Permit to install a new public use D ynamic M essaging S ign (D M S ) at 6301 S hingle C reek
Parkw ay, based upon the findings of fact and submi,ed plans, and as amended by the condions of
approval in the resoluon.
B ackground:
The C ity of Brooklyn Center (“the A pplicant ”) is reques0ng appr oval of a C ondi0onal U s e Permit (C U P ) to
allow for ins talla0on of a new D ynamic M essaging S ign (D M S ). P urs uant to C ity C ode S ec0on 35-6611,
“D M S , as defined in S ec0on 35-9200, are per mi4ed in any D is trict w here public us es are per mi4ed in
accordance w ith the provisions in this S ec0on,” and, “notw iths tanding S ec0on 35-4301, a condi0 onal us e
permit is r equir ed for D M S .” T he pr oper ty under cons ider a0 on, 6301 S hingle C r eek Parkway (“the S ubject
P roperty ”), is the s ite of City H all and the C ommunity C enter and meets the defini0on of a “public us e” as
defined under S ec0on 35-9200 of the C ity C ode.
A public no0ce was publis hed in the Brook lyn Center S un Post on July 27, 2023, no0fica0on posted to the
City ’s w ebsite, and no0fica0ons mailed to both res idents and property ow ners located within 350 feet of
the S ubject P roperty.
A s propos ed, the long-s tanding bulle0n-board s ign would be r eplaced w ith a new fr ees tanding sign with
D ynamic Mes s aging S ign (D M S ) component in generally the same loca0 on but approximately five (5 ) feet
clos er to S hingle C reek Park w ay to accommodate a poten0al future expans ion of the City ’s C ommunity
Center. T his propos ed replacement is part of a broader reques t to r eplace this s ign as well as two other C ity
s igns located at the City ’s Wes t and East F ire S ta0 ons , which ar e contemplated separately on the A ugus t 28,
2023 C ity Council agenda. T he new s ignage would prov ide gr eater oppor tuni0es to prov ide up-to-date
community messaging as oppos ed to the exis0 ng bulle0n-s ty le board, w hich requires C ity s taff to physically
replace text on the s ign.
The s ignage, as propos ed, w ould generally meet the allow ances for frees tanding and D M S signage as
outlined in S ec0ons 35-6609 (P ublic U se Freestanding S igns) and 35-6611 (D y namic Messaging S igns),
w hich s pecifies s uch r equir ements as minimum dis tancing fr om residen0al dw ellings , maximum D M S
s quare foot allowances, in addi0on to minimum standards for mes s age changes, and the prov is ion of
integrated dimming technology that automa0cally adj us ts brightnes s dependent on ambient light
condi0ons. City s taff als o review ed the reques t against the s tandards outlined for Condi0 onal U s e Permits
under City Code S ec0on 35-7703 w hich address poten0al impacts on neighboring us es.
The P lanning Commis s ion ul0mately held a public hearing for the aforemen0 oned applica0on at their
mee0ng on A ugus t 10, 2 0 2 3 , and were generally suppor0v e of the outlined reques t. City s taff did not
receive any public comments in adv ance of or at the s cheduled public hear ing. C ity s taff w er e pr es ent at the
mee0ng and in the role as “A pplicant ” to address any ques 0ons regarding the proposed s ign.
The Commissioners addr es s ed ques0ons surrounding on-pr emis es vers us off-premises adver0 s ing of
events and s pecifically called out the allow ances for other organiz a0 ons to u0 liz e the City ’s D M S for their
ow n events . C ity staff noted that off-pr emis es adver0 s ing is not permi4ed under C hapter 3 5 of the C ity
Code. A ddi0 onal ques 0ons addres s ed minimum standards for D M S , including a provision that the s ign
cannot remain blank for longer than one (1 ) s econd in betw een mes s age changes , and the messaging must
remain cons tant for at leas t fiv e (5) s econds, w hich is a change from the former code prov is ions which
required a minimum of eight (8) s econds.
Following clos e of the public hearing, the P lanning C ommis s ion elected to unanimously (5-0) recommend
City C ouncil appr oval of the requested C ondi0onal U s e Permit for the pr opos ed D M S sign, w hich would be
located at 6301 S hingle C reek Parkway.
A copy of the P lanning C ommis s ion Report for P lanning C ommis s ion A pplica0 on No. 2023-003, dated
A ugust 10, 2023 and C ity C ouncil resolu0 on regarding the aforemen0 oned request is included w ith this
memorandum.
B udget I ssues:
None to cons ider at this 0me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Customer I n0macy
AT TA C H M E N TS :
D escrip0on U pload D ate Type
Res olu0on - C U P D M S for 6301 S hingle C reek Parkway
(08.28.2023)8/21/2023 Resolu0on Le4er
S taff Report and Exhibits - C U P D M S - 6301 S hingle C reek
P kwy (P C 08.10.2023)8/21/2023 Backup M aterial
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2023-002 SUBMITTED BY LA
PALMA PROPERTIES II LLC FOR APPROVAL OF AN AMENDMENT TO
THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT
AND APPROVAL OF A SITE AND BUILDING PLAN FOR AN
APPROXIMATELY 2,678-SQUARE FOOT RESTAURANT AND DRIVE-THRU
ON BUILDING SITE R WITHIN THE SHINGLE CREEK CROSSING PUD
(1340 SHINGLE CREEK CROSSING)
WHEREAS, Planning Commission Application No. 2023-002, submitted by La
Palma Properties II LLC (“the Applicant”) requests review and consideration for approval of an
amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents to
allow for construction of an approximately 2,678-square foot restaurant and drive-thru on the
approximately 1.03-acre Building Site R located within the Shingle Creek Crossing Planned Unit
Development and commonly addressed as 1340 Shingle Creek Crossing (“the Subject Property”);
and
WHEREAS, the Subject Property is situated in the PUD/C2 (Planned Unit
Development/Commerce) District, and the underlying C2 (Commerce) District was effectively
removed from the City’s new Unified Development Ordinance, which became effective in January
2023; and
WHEREAS, the City’s new Unified Development Ordinance contains provisions
under Section 35-2103.e (General Use Regulations) for those Planned Unit Developments
established prior to adoption of the new code in that, “Planned Unit Developments, and parcels
zoned as a Planned Unit Development, in accordance with prior zoning regulations, shall remain
subject to any and all agreements, conditions, and standards applicable to the Planned Unit
Development,” and “amendments shall be processed in accordance with the procedures identified
for Planned Unit Developments in this UDO;” and
WHEREAS, City staff discussed the necessity of a separate use permit for the
proposed drive-thru use, as was stipulated in the prior zoning regulations for the underlying C2
District, and as a proactive measure a public hearing notice was published in the Brooklyn Center
Sun Post on April 27, 2023, mail notifications were sent to surrounding properties, and development
proposal signage was installed on the Subject Property; and
WHEREAS, it was ultimately determined that the request to amend the 2011
Shingle Creek Crossing Planned Unit Development plans and documents sufficiently addressed the
request for deviation from the approvals outlined under City Council Resolution Nos. 2014-075,
2014-076, and 2014-077 for Building Site R, which outlined an approximately 5,400-square foot
restaurant pad site; and
RESOLUTION NO.
WHEREAS, similar amendments to the 2011 Shingle Creek Crossing Planned Unit
Development for restaurant and drive-thru uses include Building Site B (1480 Shingle Creek
Crossing), Building Site C (1520 Shingle Creek Crossing), and an earlier site and building plan
approval for Building Site T (1330 Shingle Creek Crossing); and
WHEREAS, the City Council of the City of Brooklyn Center has amended the
Shingle Creek Crossing Planned Unit Development numerous times since the adoption of City
Council Resolution No. 2011-85, which was the first amendment to the previously approved 1999
Brookdale Mall Planned Unit Development and established the new Shingle Creek Crossing
Planned Unit Development, Master Plan, and certain allowances and development standards that
would govern over the PUD; and
WHEREAS, the proposal as contemplated under Planning Commission Application
No. 2023-002 comprehends additional adjustments to the 2011 Shingle Creek Crossing Planned
Unit Development Master Plan and Agreements that are considered a major amendment to the 2011
Shingle Creek Crossing Planned Unit Development as outlined under Section 35-8306 (PUD
Amendments), including a ten (10) percent or greater change in the floor area in any one (1)
structure; and
WHEREAS, the additional modifications to the Subject Property’s parking spaces,
provision for a drive-thru, and request to adhere to the underlying C2 (Commerce) District signage
provisions as opposed to the adopted 2011 Shingle Creek Crossing Signage Guidelines, all require
approval of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans
and documents; and
WHEREAS, the Planning Commission of the City of Brooklyn Center held a duly
called public hearing on May 11, 2023, whereby a staff report and Assistant City Engineer’s
memorandum were presented, and public testimony regarding the requested amendments to the
2011 Shingle Creek Crossing Planned Unit Development and site and building plan for the
approximately 2,678-square foot restaurant and drive-thru for the Subject Property known as
Building Site R within the Shingle Creek Crossing Planned Unit Development and commonly
addressed as 1340 Shingle Creek Crossing were received and considered by the Planning
Commission; and
WHEREAS, the Planning Commission of the City of Brooklyn Center considered
the aforementioned requests in light of all testimony received, including the guidelines for
evaluating the aforementioned requests as contained in Section 35 of the City’s Code, and more
specifically Sections 35-2103.e (General District Regulations-Existing Planned Unit
Developments), 35-7600 (Site & Building Plan Approval), 35-8306 (PUD Amendments), the 2011
Shingle Creek Crossing Architectural and Signage Guidelines, and in consideration of the goals and
objectives of the City’s 2040 Comprehensive Plan; and
WHEREAS, the Planning Commission of the City of Brooklyn Center considers the
RESOLUTION NO.
amendment to the 2011 Shingle Creek Crossing Planned Unit Development and site and building
plan requests to be an appropriate and reasonable request to the currently vacant Subject Property;
and
WHEREAS, the Planning Commission of the City of Brooklyn Center finds the
submitted plans for the Subject Property to be consistent with the General Development Plans for
the overall Shingle Creek Crossing Planned Unit Development and intended use of the Subject
Property, as it remains in general alignment with the plans last approved for Building Site R in
2014, which relocated the building from the middle of the parking lot and instead oriented the
building to run parallel with Xerxes Avenue North, which at the time was supported by City staff
for its greater walkability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota to recommend that the requested amendment to the 2011 Shingle
Creek Crossing Planned Unit Development plans and documents and site and building plan, as
contemplated under Planning Commission Application No. 2023-002, be approved based subject to
the considerations as outlined under Sections 35-7604 (Site and Building Plan Approval Criteria)
and 35-8304 (PUD Criteria), and subject to the following conditions:
1. Any major changes or modifications made to the approved Planned Unit Development and
site and building plan can only be made by an amendment, and as approved by the City
Council.
2. The Applicant agrees to comply with all conditions or provisions noted in the Assistant
City Engineer’s review memorandum, dated April 26, 2023, and revise plan sets as
necessary. Final grading, drainage, utility, and erosion control plans and any other site
engineering related issues are subject to review and approval by the Assistant City
Engineer, and prior to issuance of permits.
3. Building plans are subject to review and approval by the Building Official, and with
respect to all applicable codes prior to the issuance of permits; and the final location or
placement of any fire access or fire-related building code items shall be reviewed and
approved by the Fire Inspector.
a. A fire sprinkler system is required to be installed and shall be maintained and
monitored on a consistent basis per City Code requirements.
b. A SAC Determination shall be submitted by the Applicant to the Metropolitan
Council and any associated fees paid at time of any permit issuance.
c. Any reviews and approvals by the Hennepin County Health Department for the
restaurant use.
4. The photometric plan, last updated April 25, 2023, shall be revised to comply with the
illumination standards as detailed within Section 35-5400 (Exterior Lighting) of the City
Code.
5. The Applicant shall install irrigation systems where necessary to facilitate maintenance of
site landscaping and green areas, and irrigation shop drawings shall be submitted for
review and approval prior to installation.
RESOLUTION NO.
6. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be
appropriately screened from view per the 2011 Shingle Creek Crossing Architectural
Guidelines and City Code requirements, and a detail sheet provided.
7. Unless amended otherwise or under separate agreement, all existing provisions, standards,
and variations provided under the 2011 Shingle Creek Crossing Development and any
subsequent amendments shall remain in effect for the entire Shingle Creek Crossing
Planned Unit Development.
i. The Shingle Creek Crossing Planned Unit Development master plans and
agreements shall be amended in advance of permit issuance to reflect the
approximately 2,678-square foot restaurant and drive-thru on what is
known as Building Site R within the Shingle Creek Crossing shopping
center.
ii. An allowance for Building Site R to comply with the wall and
monument/freestanding signage provisions outlined within the City Code
for the underlying C2 (Commerce) District, as opposed to the approved
2011 Shingle Creek Crossing Signage Guidelines.
8. A Performance Agreement with supporting financial guarantee approved by the City shall
be executed upon any approval of the to-be submitted building permit for site
improvements, which ensures the Subject Property will be constructed, developed, and
maintained in conformance with the plans, specifications, and standards.
May 22, 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.
App. No. 2023-003
PC 08/10/2023
Page 1
Planning Commission Report
Meeting Date: August 10, 2023
Application No. 2023-003
Applicant: City of Brooklyn Center
Location: 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430
Requests: Conditional Use Permit to replace existing illuminated freestanding (monument)
sign with installation of a Dynamic Message Sign (DMS)
REQUESTED ACTION
The City of Brooklyn Center (“the Applicant”) is requesting review and consideration for issuance of a
conditional use permit to allow for the installation of a new Dynamic Message Sign (DMS). Said sign would
replace an existing freestanding sign located at the City of Brooklyn Center’s City Hall and Community
Center, and addressed as 6301 Shingle Creek Parkway (“the Subject Property”), that has been in place for
decades. Refer to Exhibit A.
Pursuant to City Code Section 35-6611, “DMS, as defined in Section 35-9200, are permitted in any District
where public uses are permitted in accordance with the provisions in this Section. Notwithstanding
Section 35-4301, a conditional use permit is required for DMS.” The Subject Property is currently owned
by the City of Brooklyn Center and operates as a “public use” per the definitions section of the City’s
signage provisions, as outlined within the Unified Development Ordinance. “Public Uses” include, but are
not limited to: school districts, municipalities, counties, states, or other governmental units, and any
religious institutions such as churches, chapels, temples, synagogues, and mosques.
Dynamic Message Signs (DMS), as defined under City Code, are electrical or electromechanical signs on
which a message may be placed that can be changed remotely or on-site through hard wire or wireless
communications.
Due to the nature of the request, a public hearing is required. A public notice was published in the
Brooklyn Center Sun Post on July 27, 2023 (Exhibit B). Properties located within the affected notification
area were also mailed a notification of public hearing, and the notice was published to the City’s website.
COMPREHENSIVE PLAN AND ZONING STANDARDS
2040 Future Land Use Plan: Commercial Mixed-Use (C-MU)
Neighborhood: Centennial
Current Zoning: R1 (Low Density Residential) District
Surrounding Zoning: North: Right-of-Way (I-694/94)
East: MX-B (Business Mixed-Use) and MX-C (Commercial Mixed-Use)
Districts
•Application Filed: 7/11/2023
•Review Period (60-day) Deadline: 09/09/2023
•Extension Declared: N/A
•Extended Review Period Deadline: N/A
App. No. 2023-003
PC 08/10/2023
Page 2
South: PUD/MX-C (Planned Unit Development/Commercial Mixed-Use)
District
West: O (Public Open Space) District
Site Area: 27.66 acres total
Map 1. Existing Configuration of Subject Property (6301 Shingle Creek Parkway)
SIGN STANDARDS FOR FREESTANDING AND DMS SIGNGAGE (PUBLIC USES)
Image 1. Existing Illuminated Bulletin Board Sign—located along Shingle Creek Parkway (6301 Shingle Creek Parkway).
App. No. 2023-003
PC 08/10/2023
Page 3
The submitted proposal for a Dynamic Message Sign (DMS) would be located in approximately the same
location as the existing sign today, although approximately five (5) feet closer to Shingle Creek Parkway
to accommodate potential future expansions to the City’s community center (Image 1—Above). Site
verification is necessary; however, it appears the existing sign is approximately 35 feet from the property
line. For public uses, and as outlined under Section 35-6609.a (Public Use Freestanding Signs), one
freestanding sign not to exceed 36 square feet in area and 10 feet in height is permitted in all Districts
where public uses are permitted. An additional freestanding sign is permitted if the use abuts two or more
streets. Properties entitled to an additional freestanding sign may erect an additional freestanding sign
not to exceed 72 square feet in area and 15 feet in height.
Generally, no part of any freestanding sign shall project over or beyond the property line of the property
where the sign is located and unless set back 10 feet from the street right-of-way line, the supporting
column(s) of a freestanding sign in excess of 16 square feet shall not materially impede vision between a
height of 2 ½ and 7 ½ feet above the centerline grade of the street. Freestanding signs located within the
designated clear view triangle, as defined under Section 35-9200, shall have a minimum vertical clearance
of 10 feet above the centerline grade of the intersecting streets.
Provisions to allow for Dynamic Messages Signage (DMS) and Public Uses appear to have been originally
adopted by the City in 2013. Dynamic Message Signage (DMS) is permitted in any District where public
uses are permitted in accordance with the provisions of the City Code and upon issuance of a conditional
use permit. It should be noted that DMS signage is subject to certain conditions under Chapter 35-6611
(Dynamic Message Signs) of the City Code:
1)DMS are permitted on a freestanding sign aligned perpendicular to the adjacent arterial or
collector street as specified in the City’s Comprehensive Plan;
2)The message must remain constant for at least five seconds;
3)The sign may not remain blank for longer than one second in between message changes;
4)The area may not exceed an equivalent of 50% of each sign face area;
5)The sign shall be located no closer than 50 feet from any residential dwelling;
6)Signs within 500 feet of a residential dwelling that faces a residence shall display a static message
between the hours of 9 p.m. and 7 a.m.;
7)The sign may not flash, blink, rotate, spin, contain full motion video, or create any other
distraction to motorists;
8)If the sign malfunctions, it must automatically turn black;
9)Lighting intensity shall not exceed 5,000 nits in daytime and 500 nits at nighttime and as outlined
within Table 35-6611(b), which outlines the DMS Sign Measurement Distance for Brightness; and
10)The sign must have dimming technology that automatically adjusts in brightness in direct
correlation with ambient light conditions. Brightness shall not exceed 0.3 foot-candles above
ambient light as measured from the preset distance depending on the sign size, and as indicated
in the above-referenced table.
As proposed, the overall dimensions of the new sign are approximately 9 feet high by 9 feet wide (81
square feet); however, the designated sign area is approximately 9 feet by 7.66 feet (69 square feet). As
proposed, the Dynamic Message portion of the sign (DMS) would be limited to an area of approximately
9 feet by 3 feet (27 square feet), which is below the maximum 50% sign area allocated for Dynamic
Message. Both the proposed height, sign area, and DMS portion of the signage appears to meet the City’s
requirements with the interpretation that the Subject Property abuts two or more streets. Refer to Image
2 below.
App. No. 2023-003
PC 08/10/2023
Page 4
Image 2. Proposed Replacement Sign with Dynamic Message Component (6301 Shingle Creek Parkway).
CONDITIONAL USE PERMIT REVIEW
In addition to these specific sign standards, and pursuant to City Code Section 35-7703 (Conditional Use
Permit Criteria), the following standards must be met in order to satisfy the issuance of a conditional use
permit:
a.The conditional use will be in accordance with the general objectives, or with any specific
objective, of the City’s Comprehensive Plan and this UDO;
b.The establishment, maintenance, or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals, or comfort;
c.The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish or impair
property values within the neighborhood;
d.The establishment of the conditional use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district;
e.Adequate measures have been or will be taken to provide ingress, egress, and parking so
designated as to minimize traffic congestion in the public streets;
f.Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to
mitigate negative impacts on nearby uses; and
g.The conditional use shall, in all other respects, conform to the applicable regulations of the district
in which it is located.
The request for issuance of a conditional use permit for the proposed Dynamic Message Sign is part of a
broader request by the City of Brooklyn Center (“the Applicant”) to provide up-to-date community
messaging and opportunities to reach the broader Brooklyn Center community, and is generally in
accordance with the City’s Unified Development Ordinance and signage provisions. The DMS
App. No. 2023-003
PC 08/10/2023
Page 5
contemplated under this application is one of three total freestanding sign conversions the City of
Brooklyn Center is seeking—the other locations being 6250 Brooklyn Boulevard (West Fire Station) and
6500 Dupont Avenue North (East Fire Station). As the existing sign is of older vintage, with limited
opportunities for messaging, the proposed new sign will allow greater opportunities to keep the
community informed as the Dynamic Message allows for numerous events and public information to be
displayed as opposed to the existing bulletin board, which restricts the amount of information the City is
able to display at any one time, and requires City staff to go out and manually insert text.
As the Subject Property containing City Hall and the Community Center alone is situated on approximately
27 acres of land, with over 40 acres of adjacent Centennial Park serving as a buffer from the single family
residential neighborhoods to the west, Interstates 694/94 to the north, and multi-story office buildings
(zoned Business-Mixed Use and Commercial Mixed-Use, respectively) to the east, City staff has minimal
concerns regarding any potential negative impacts to surrounding property as long as the above noted
regulations surrounding Dynamic Message are adhered to.
The nearest residential use is the Crest (6221 Shingle Creek Parkway), which is zoned Planned Unit
Development/Commercial-Mixed Use (PUD/MX-C) District. With respect to the minimum distancing
requirements for Dynamic Message Signs, the proposed replacement sign would be located over 500 feet
from the northeast corner of the Crest I apartment building and is further screened with existing
landscaping and the City Hall property.
In consideration of the additional standards in place for public use DMS, City Staff does not feel the
proposed new DMS sign would be a detriment or safety risk to the general public welfare. Should there
be issues with regard to brightness or the frequency of image changes via the DMS, these concerns or
complaints would be addressed by City code enforcement, as is the case with all other issues that might
arise with signage in the City.
APPROVAL CONDITIONS
City staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. PC2023-003 for issuance of a Conditional Use Permit for
the proposed DMS sign located at 6301 Shingle Creek Parkway (the “Subject Property”):
1.The new Dynamic Messages Sign (DMS) shall comply with and meet all dimensional and
illumination regulations and standards as set forth under Sections 35-6609 (Public Uses—All
Districts Where Public Uses Are Permitted), 35-6611 (Dynamic Message Signs), and 35-7700
(Conditional Use Permits)of the City Code of Brooklyn Center; and
2.No off-premise advertising is allowed by the DMS display.
RECCOMENDATION
Based on the above-noted findings and conditions, City staff recommends:
The Planning Commission recommends City Council approval of the requested issuance of a Conditional
Use Permit for a DMS sign for the Subject Property located at 6301 Shingle Creek Parkway, subject to the
conditions as outlined above in the Approval Conditions and the associated resolution.
App. No. 2023-003
PC 08/10/2023
Page 6
Attachments
Exhibit A – Planning Commission Application No. 2023-003 location map and sign rendering.
Exhibit B – Public Hearing Notice, dated July 27, 2023, as published in the Brooklyn Center Sun Post.
Night to Unite
August 1, 2023
Exhibit A
Exhibit B
C ouncil R egular M eeng
DAT E:8/28/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:G inny M cI ntosh, City P lanner and Zoning A dminis trator
S U B J E C T:Res olu0on Regarding P lanning C ommis s ion A pplica0on No. 2023-004 S ubmi5ed by the
C ity of Brooklyn C enter for a C ondi0onal Use Permit to I ns tall a New P ublic U s e D ynamic
M essaging S ign (6250 Brooklyn Boulevard)
Requested Council A con:
- Moon to adopt a r esoluon appr oving P lanning C ommission A pplicaon No. 2 0 2 3 -0 0 4 for a
C ondional Use Permit to install a new public use D y namic M essaging S ign (D M S ) at 6250 Brooklyn
Boulevard, based upon the findings of fact and submi.ed plans, and as amended by the condions of
approval in the resoluon.
B ackground:
The C ity of Brooklyn Center (“the A pplicant ”) is reques0ng appr oval of a C ondi0onal U s e Permit (C U P ) to
allow for ins talla0on of a new D ynamic M essaging S ign (D M S ). P urs uant to C ity C ode S ec0on 35-6611,
“D M S , as defined in S ec0on 35-9200, are per mi5ed in any D is trict w here public us es are per mi5ed in
accordance w ith the provisions in this S ec0on,” and, “notw iths tanding S ec0on 35-4301, a condi0 onal us e
permit is r equir ed for D M S .” T he property under cons idera0on, 6250 Brooklyn Boulevard (“the S ubject
P roperty ”), is the s ite of the C ity ’s West F ire S ta0on and meets the defini0on of a “public us e” as defined
under S ec0on 35-9200 of the C ity C ode.
A public no0ce was publis hed in the Brook lyn Center S un Post on July 27, 2023, no0fica0on posted to the
City ’s w ebsite, and no0fica0ons mailed to both res idents and property ow ners located within 350 feet of
the S ubject P roperty.
A s proposed, the exis0 ng monument s ign, w hich only iden0fies the fire sta0on and address, w ould be
replaced with a new frees tanding s ign with D ynamic M essaging S ign (D M S ) component in gener ally the
s ame loca0 on as the exis 0 ng sign. T his proposed r eplacement is par t of a broader r eques t to r eplace this
s ign as well as two other City signs located at C ity H all and the Community C enter, and the Eas t F ire S ta0on,
w hich are contemplated s eparately on the A ugust 2 8 , 2023 C ity C ouncil agenda. The new signage would
provide gr eater opportuni0 es to prov ide up-to-date community messaging, as this is not pos s ible w ith the
exis0ng sign.
The s ignage, as propos ed, w ould generally meet the allow ances for frees tanding and D M S signage as
outlined in S ec0ons 35-6609 (P ublic U se Freestanding S igns) and 35-6611 (D y namic Messaging S igns),
w hich s pecifies s uch r equir ements as minimum dis tancing fr om residen0al dw ellings , maximum D M S
s quare foot allowances, in addi0on to minimum standards for mes s age changes, and the prov is ion of
integrated dimming technology that automa0cally adj us ts brightnes s dependent on ambient light
condi0ons. City s taff als o review ed the reques t against the s tandards outlined for Condi0 onal U s e Permits
under City Code S ec0on 35-7703 w hich address poten0al impacts on neighboring us es.
The s ign loca0on was further r ev iewed for v is ibility concerns agains t the clear view triangle provis ions as it
w ould be located on a corner. A lthough the loca0on appears to be outside the des ignated clear view
triangle, site verifica0on would be requested as part of any installa0on.
The P lanning Commis s ion ul0mately held a public hearing for the aforemen0 oned applica0on at their
mee0ng on A ugus t 10, 2 0 2 3 , and were generally suppor0v e of the outlined reques t. City s taff did not
receive any public comments in adv ance of or at the s cheduled public hear ing. C ity s taff w er e pr es ent at the
mee0ng and in the role as “A pplicant ” to address any ques 0ons regarding the proposed s ign.
The Commissioners, as w ith the other D M S signage propos als, addres s ed ques 0ons s urrounding on-
premises vers us off-premises adver0 s ing of events and s pecifically called out the allowances for other
organiza0ons to u0 liz e the City ’s D M S for their own events . C ity staff noted that off-premis es adv er 0s ing is
not permi5ed under C hapter 35 of the City C ode. A ddi0onal ques 0ons addres s ed minimum standards for
D M S , including a provision that the s ign cannot remain blank for longer than one (1 ) s econd in between
mes s age changes, and the messaging mus t remain cons tant for at leas t five (5) seconds , w hich is a change
from the former code pr ovis ions w hich r equir ed a minimum of eight (8) seconds . A ddi0onal ques 0ons
s urrounding the “s yncing ” of messaging and overall control of the community messaging across the
proposed D M S loca0ons w ere als o addressed.
Following clos e of the public hearing, the P lanning C ommis s ion elected to unanimously (5-0) recommend
City C ouncil appr oval of the requested C ondi0onal U s e Permit for the pr opos ed D M S sign, w hich would be
located at 6250 Brooklyn Boulevard.
A copy of the P lanning C ommis s ion Report for P lanning C ommis s ion A pplica0 on No. 2023-004, dated
A ugust 10, 2023 and C ity C ouncil resolu0 on regarding the aforemen0 oned request is included w ith this
memorandum.
B udget I ssues:
None to cons ider at this 0me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Customer I n0macy
AT TA C H M E N TS :
D escrip0on U pload D ate Type
Res olu0on - C U P D M S for 6250 Brooklyn Blvd (08.28.2023)8/21/2023 Resolu0on Le5er
S taff Report and Exhibits - C U P D M S - 6250 Brooklyn Blvd (P C
08.10.2023)8/21/2023 Backup M aterial
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2023-004 SUBMITTED BY
THE CITY OF BROOKLYN CENTER FOR A CONDITIONAL USE PERMIT TO
INSTALL A NEW PUBLIC USE DYNAMIC MESSAGING SIGN (6250
BROOKLYN BOULEVARD)
WHEREAS, Planning Commission Application No. 2023-004 was submitted by the
City of Brooklyn Center (“the Applicant”) for issuance of a conditional use permit to install a new
Dynamic Messaging Sign (DMS) with a Public Use in the R1 (Low Density Residential) District
and located at 6250 Brooklyn Boulevard (“the Subject Property”); and
WHEREAS, pursuant to City Code Section 35-6611, “DMS, as defined in Section 35-
9200, are permitted in any District where public uses are permitted in accordance with the provisions
in this Section” and, “notwithstanding Section 35-4301, a conditional use permit is required for
DMS;” and
WHEREAS, the Applicant intends to replace the existing freestanding sign with the
new Dynamic Messaging Sign (DMS) in approximately the same location; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
held a duly noticed and called public hearing on August 10, 2023, whereby a planning staff report
was presented and public testimony regarding the conditional use permit request was received; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
considered the conditional use permit request in light of all testimony received, the guidelines and
standards for evaluating a conditional use permit, and as outlined within Section 35-7703
(Conditional Use Permits) of the City’s Unified Development Ordinance, and the request complies
with the general goals and objectives of the City’s 2040 Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2023-004,
submitted by the City of Brooklyn Center for a Dynamic Messaging Sign (DMS) at 6250 Brooklyn
Boulevard, be approved based upon the following considerations:
a. The conditional use will be in accordance with the general objectives, or with any
specific objective, of the City’s Comprehensive Plan and this UDO;
b. The establishment, maintenance, or operation of the conditional use will promote
and enhance the general public welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort;
RESOLUTION NO.
c. The conditional use will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purpose already permitted, nor substantially
diminish or impair property values within the neighborhood;
d. The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district;
e. Adequate measures have been or will be taken to provide ingress, egress, and
parking so designated as to minimize traffic congestion in the public streets;
f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently
addressed to mitigate negative impacts on nearby uses; and
g. The conditional use shall, in all other respects, conform to the applicable regulations
of the district in which it is located.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota, to recommend that Planning Commission Application No. 2023-004 be approved subject
to the following conditions and considerations:
1. The new Dynamic Messaging Sign (DMS) shall comply with and meet all setback,
dimensional, and illumination regulations and standards as set forth under Sections
35-7700 (Conditional Use Permits), 35-6200 (Standards Applicable to All Signs),
35-6609 (Public Uses—All Districts Where Public Uses Are Permitted), and 35-
6611 (Dynamic Message Signs) of the City Code of Brooklyn Center, including:
a) DMS are permitted on a freestanding sign aligned perpendicular to the adjacent
arterial or collector street as specified in the City’s Comprehensive Plan;
b) The message must remain constant for at least five seconds;
c) The sign may not remain blank for longer than one second in between message
changes;
d) The area may not exceed an equivalent of 50% of each sign face area;
e) The sign shall be located no closer than 50 feet from any residential dwelling;
f) Signs within 500 feet of a residential dwelling that faces a residence shall display
a static message between the hours of 9 p.m. and 7 a.m.;
g) The sign may not flash, blink, rotate, spin, contain full motion video, or create
any other distraction to motorists;
h) If the sign malfunctions, it must automatically turn black;
i) Lighting intensity shall not exceed 5,000 nits in daytime and 500 nits at
nighttime and as outlined within Table 35-6611(b), which outlines the DMS Sign
Measurement Distance for Brightness; and
j) The sign must have dimming technology that automatically adjusts in brightness
in direct correlation with ambient light conditions. Brightness shall not exceed
0.3 foot-candles above ambient light as measured from the preset distance
depending on the sign size, and as indicated in the above-referenced table.
RESOLUTION NO.
2. No off-premise advertising is allowed by the DMS display.
August 28, 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.
App. No. 2023-004
PC 08/10/2023
Page 1
Planning Commission Report
Meeting Date: August 10, 2023
Application No. 2023-004
Applicant: City of Brooklyn Center
Location: 6250 Brooklyn Boulevard, Brooklyn Center, MN 55429
Requests: Conditional Use Permit to replace existing freestanding (monument) sign with
installation of a Dynamic Message Sign (DMS)
REQUESTED ACTION
The City of Brooklyn Center (“the Applicant”) is requesting review and consideration for issuance of a
conditional use permit to allow for the installation of a new Dynamic Message Sign (DMS). Said sign would
replace an existing monument sign at the City of Brooklyn Center’s West Fire Station, which is located at
6250 Brooklyn Boulevard (“the Subject Property”). Refer to Exhibit A.
Pursuant to City Code Section 35-6611, “DMS, as defined in Section 35-9200, are permitted in any District
where public uses are permitted in accordance with the provisions in this Section. Notwithstanding
Section 35-4301, a conditional use permit is required for DMS.” The Subject Property is currently owned
by the City of Brooklyn Center and operates as a “public use” per the definitions section of the City’s
signage provisions, as outlined within the Unified Development Ordinance. “Public Uses” include, but are
not limited to: school districts, municipalities, counties, states, or other governmental units, and any
religious institutions such as churches, chapels, temples, synagogues, and mosques.
Dynamic Message Signs (DMS), as defined under City Code, are electrical or electromechanical signs on
which a message may be placed that can be changed remotely or on-site through hard wire or wireless
communications.
Due to the nature of the request, a public hearing is required. A public notice was published in the
Brooklyn Center Sun Post on July 27, 2023 (Exhibit B). Properties located within the affected notification
area were also mailed a notification of public hearing, and the notice was published to the City’s website.
COMPREHENSIVE PLAN AND ZONING STANDARDS
2040 Future Land Use Plan: PSP/Institutional (Public/Semi-Public and Institutional)
Neighborhood: Garden City
Current Zoning: R1 (Low Density Residential) District
Surrounding Zoning: North: PUD/C2 (Planned Unit Development/Commerce) District
East: R1 (Low Density Residential) District
South: MX-N2 (Neighborhood Mixed-Use) District
West: MX-N2 (Neighborhood Mixed-Use) District
•Application Filed: 7/11/2023
•Review Period (60-day) Deadline: 09/09/2023
•Extension Declared: N/A
•Extended Review Period Deadline: N/A
App. No. 2023-004
PC 08/10/2023
Page 2
Site Area: 2.16 acres total
Map 1. Existing Configuration of Subject Property (6250 Brooklyn Boulevard)
SIGN STANDARDS FOR FREESTANDING AND DMS SIGNGAGE (PUBLIC USES)
Image 1. Existing Freestanding Sign—located near the intersection of Brooklyn Boulevard and 63rd Avenue North.
As proposed, the existing freestanding sign would be replaced by the proposed Dynamic Message Sign
(DMS). Given the existing berm and recent completion of the Phase II Brooklyn Boulevard reconstruction
and modernization project, City staff reviewed the existing sign location for compliance with the clear
view triangle provisions and it appears it is located just outside the defined 25-foot by 25-foot area as
measured from the right-of-way line, which is to remain free from visual obstructions, and as outlined in
App. No. 2023-004
PC 08/10/2023
Page 3
Section 35-9200 of the City Code. Site verification is necessary; however, it appears the existing sign is
located approximately 15 feet from the nearest property line. For public uses, and as outlined under
Section 35-6609.a (Public Use Freestanding Signs), one freestanding sign not to exceed 36 square feet in
area and 10 feet in height is permitted in all Districts where public uses are permitted. An additional
freestanding sign is permitted if the use abuts two or more streets. Properties entitled to an additional
freestanding sign may erect an additional freestanding sign not to exceed 72 square feet in area and 15
feet in height.
Generally, no part of any freestanding sign shall project over or beyond the property line of the property
where the sign is located and unless set back 10 feet from the street right-of-way line, the supporting
column(s) of a freestanding sign in excess of 16 square feet shall not materially impede vision between a
height of 2 ½ and 7 ½ feet above the centerline grade of the street. Freestanding signs located within the
designated clear view triangle, as defined under Section 35-9200, shall have a minimum vertical clearance
of 10 feet above the centerline grade of the intersecting streets.
Provisions to allow for Dynamic Message Signs (DMS) and Public Uses appear to have been originally
adopted by the City in 2013. Dynamic Message Signs (DMS) are permitted in any District where Public
Uses are permitted in accordance with the provisions of the City Code and upon issuance of a conditional
use permit. It should be noted that DMS are subject to certain conditions under Chapter 35-6611 (Dynamic
Message Signs) of the City Code:
1)DMS are permitted on a freestanding sign aligned perpendicular to the adjacent arterial or
collector street as specified in the City’s Comprehensive Plan;
2)The message must remain constant for at least five seconds;
3)The sign may not remain blank for longer than one second in between message changes;
4)The area may not exceed an equivalent of 50% of each sign face area;
5)The sign shall be located no closer than 50 feet from any residential dwelling;
6)Signs within 500 feet of a residential dwelling that faces a residence shall display a static message
between the hours of 9 p.m. and 7 a.m.;
7)The sign may not flash, blink, rotate, spin, contain full motion video, or create any other
distraction to motorists;
8)If the sign malfunctions, it must automatically turn black;
9)Lighting intensity shall not exceed 5,000 nits in daytime and 500 nits at nighttime and as outlined
within Table 35-6611(b), which outlines the DMS Sign Measurement Distance for Brightness; and
10)The sign must have dimming technology that automatically adjusts in brightness in direct
correlation with ambient light conditions. Brightness shall not exceed 0.3 foot-candles above
ambient light as measured from the preset distance depending on the sign size, and as indicated
in the above-referenced table.
As proposed, the overall dimensions of the new sign are approximately 9 feet high by 9 feet wide (81
square feet); however, the designated sign area is approximately 9 feet by 7.83 feet (70.5 square feet). As
proposed, the Dynamic Message portion of the sign (DMS) would be limited to an area of approximately
9 feet by 3 feet (27 square feet), which is below the maximum 50% sign area allocated for Dynamic
Message Signs. Both the proposed height, sign area, and DMS portion of the signage appears to meet the
City’s requirements with the interpretation that the Subject Property abuts two or more streets. Refer to
Image 2 below.
App. No. 2023-004
PC 08/10/2023
Page 4
Image 2. Proposed Replacement Sign with Dynamic Message Component (6250 Brooklyn Boulevard).
CONDITIONAL USE PERMIT REVIEW
In addition to these specific sign standards, and pursuant to City Code Section 35-7703 (Conditional Use
Permit Criteria), the following standards must be met in order to satisfy the issuance of a conditional use
permit:
a.The conditional use will be in accordance with the general objectives, or with any specific
objective, of the City’s Comprehensive Plan and this UDO;
b.The establishment, maintenance, or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals, or comfort;
c.The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish or impair
property values within the neighborhood;
d.The establishment of the conditional use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district;
e.Adequate measures have been or will be taken to provide ingress, egress, and parking so
designated as to minimize traffic congestion in the public streets;
f.Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to
mitigate negative impacts on nearby uses; and
g.The conditional use shall, in all other respects, conform to the applicable regulations of the district
in which it is located.
The request for issuance of a conditional use permit for the proposed Dynamic Message Sign is part of a
broader request by the City of Brooklyn Center (“the Applicant”) to provide up-to-date community
messaging and opportunities to reach the broader Brooklyn Center community, and is generally in
accordance with the City’s Unified Development Ordinance and signage provisions. The DMS
contemplated under this application is one of three total monument sign conversions the City of Brooklyn
App. No. 2023-004
PC 08/10/2023
Page 5
Center is seeking—the other locations being 6301 Shingle Creek Parkway (City Hall and Community
Center) and 6500 Dupont Avenue North (East Fire Station). As the existing sign does not provide
opportunities for messaging, the proposed new sign will allow greater opportunities to keep the
community informed as the messaging capabilities allow for numerous events and public information to
be displayed as opposed to the existing monument sign, which purely identifies the City of Brooklyn
Center’s West Fire Station along Brooklyn Boulevard.
The Subject Property containing the West Fire Station is situated on over two acres, and is located within
a fully built out and highly trafficked area along Brooklyn Boulevard in Brooklyn Center. The Subject
Property is in proximity to a strip mall (6215 Brooklyn Boulevard), situated to the west, and an Auto Zone
(6300 Brooklyn Boulevard) and Sun Foods grocery store (6350 Brooklyn Boulevard) situated to the north.
To the east lie low-density residential homes along 63rd Avenue North, and to the south are low-density
residential homes that were recently re-zoned to MX-N2 (Neighborhood Mixed-Use) District. The property
located directly south of the Subject Property (6234 Brooklyn Boulevard) is owned by the Economic
Development Authority of the City of Brooklyn Center.
In reviewing the standards outlined under Section 35-6611, the nearest residential dwelling (3501 63rd
Avenue North) is approximately 300 feet from the existing sign area when measured to the western edge
of the residence, and assuming the current sign orientation is kept, would not face the residence.
In consideration of the additional standards in place for public use DMS, City Staff does not feel the
proposed new DMS sign would be a detriment or safety risk to the general public welfare. Should there
be issues with regard to brightness or the frequency of image changes via the DMS, these concerns or
complaints would be addressed by City code enforcement, as is the case with all other issues that might
arise with signage in the City.
APPROVAL CONDITIONS
City staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. PC2023-004 for issuance of a Conditional Use Permit for
the proposed DMS sign located at 6250 Brooklyn Boulevard (the “Subject Property”):
1.The new Dynamic Messages Sign (DMS) shall comply with and meet all dimensional and
illumination regulations and standards as set forth under Sections 35-6609 (Public Uses—All
Districts Where Public Uses Are Permitted), 35-6611 (Dynamic Message Signs), and 35-7700
(Conditional Use Permits)of the City Code of Brooklyn Center; and
2.No off-premise advertising is allowed by the DMS display.
RECOMMENDATION
Based on the above-noted findings and conditions, City staff recommends:
The Planning Commission recommends City Council approval of the requested issuance of a Conditional
Use Permit for a DMS sign for the Subject Property located at 6250 Brooklyn Boulevard, subject to the
conditions as outlined above in the Approval Conditions and the associated resolution.
Attachments
Exhibit A – Planning Commission Application No. 2023-004 location map and sign rendering.
Exhibit B – Public Hearing Notice, dated July 27, 2023, as published in the Brooklyn Center Sun Post.
Chris Clark
Brooklyn Center Fire
Brooklyn Center, MN
03-28-2028
Scale: 3/8”=1’-0”
BCFFD_MS_V1A.ai
illuminated monument
signage
Customer
Location
Description
Sales Person
Date
Scale
File / Rev
IMPORTANT NOTICE:
This is a proprietary design of Leroy
Signs, Inc., designed specifically for this
project. It is illegal and unethical to
distribute to any other entity for copy or
use. This design cannot be used without
the written consent of Leroy Signs, Inc.
6325 WELCOME AVE, N.
MINNEAPOLIS, MN 55429
Phone: 763-535-0080
ww.leroysigns.com
PRIMARY ELECTRICAL POWER TO SIGN
TO BE BY OTHERS. ALL POWER TO BE
120 VOLT UNLESS OTHERWISE STATED
SIGN MUST BE GROUNDED IN COMPLIANCE WITH
ARTICLE 600 OF THE NATIONAL ELECTRIC CODE
ELECTRICAL TO USE
U.L. LISTED COMPONENTS
AND SHALL MEET ALL
N.E.C. STANDARDS
1 QTY INTERNALLY ILLUMINATED MONUMENT SIGN
2'
-
0
"
FIRE DEPARTMENTBROOKLYN CENTER
West Station
6250 BROOKLYN BLVD
grade
3'
-
0
"
2'
-
0
"
9'-0"
4'
-
0
"
full color EMC
pole cover
routed backlit header
routed backlit address
4” deep illuminated logo
Exhibit A
Exhibit B
C ouncil R egular M eeng
DAT E:8/28/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:G inny M cI ntosh, City P lanner and Zoning A dminis trator
S U B J E C T:Res olu0on Regarding P lanning C ommis s ion A pplica0on No. 2023-005 S ubmi5ed by the
C ity of Brooklyn C enter for a C ondi0onal Use Permit to I ns tall a New P ublic U s e D ynamic
M essaging S ign (6500 D upont Avenue North)
Requested Council A con:
- Moon to adopt a r esoluon appr oving P lanning C ommission A pplicaon No. 2 0 2 3 -0 0 5 for a
C ondional Use Per mit to install a new public use D y namic Messaging S ign (D M S ) at 6500 D upont Avenue
North, based upon the findings of fact and submi+ed plans, and as amended by the condions of approval
in the resoluon.
B ackground:
The C ity of Brooklyn Center (“the A pplicant ”) is reques0ng appr oval of a C ondi0onal U s e Permit (C U P ) to
allow for ins talla0on of a new D ynamic M essaging S ign (D M S ). P urs uant to C ity C ode S ec0on 35-6611,
“D M S , as defined in S ec0on 35-9200, are per mi5ed in any D is trict w here public us es are per mi5ed in
accordance w ith the provisions in this S ec0on,” and, “notw iths tanding S ec0on 35-4301, a condi0 onal us e
permit is required for D M S .” The property under cons idera0 on, 6500 D upont Avenue Nor th (“the S ubject
P roperty ”), is the site of the City ’s Eas t F ir e S ta0 on and meets the defini0on of a “public us e” as defined
under S ec0on 35-9200 of the C ity C ode.
A public no0ce was publis hed in the Brook lyn Center S un Post on July 27, 2023, no0fica0on posted to the
City ’s w ebsite, and no0fica0ons mailed to both res idents and property ow ners located within 350 feet of
the S ubject P roperty.
A s proposed, the exis0 ng monument s ign, w hich only iden0fies the fire sta0on and address, w ould be
replaced with a new frees tanding s ign with D ynamic M essaging S ign (D M S ) component in gener ally the
s ame loca0 on as the exis 0 ng sign. T his proposed r eplacement is par t of a broader r eques t to r eplace this
s ign as well as tw o other City s igns located at C ity H all and the C ommunity C enter, and the West F ire
S ta0on, which are contemplated s eparately on the A ugus t 28, 2023 C ity C ouncil agenda. The new signage
w ould provide greater opportuni0es to prov ide up-to-date community mes s aging, as this is not pos s ible
w ith the exis 0ng s ign.
The s ignage, as propos ed, w ould generally meet the allow ances for frees tanding and D M S signage as
outlined in S ec0ons 35-6609 (P ublic U se Freestanding S igns) and 35-6611 (D y namic Messaging S igns),
w hich s pecifies s uch r equir ements as minimum dis tancing fr om residen0al dw ellings , maximum D M S
s quare foot allowances, in addi0on to minimum standards for mes s age changes, and the prov is ion of
integrated dimming technology that automa0cally adj us ts brightnes s dependent on ambient light
condi0ons. City s taff als o review ed the reques t against the s tandards outlined for Condi0 onal U s e Permits
under City Code S ec0on 35-7703 w hich address poten0al impacts on neighboring us es.
The s ign loca0on was further r ev iewed for v is ibility concerns agains t the clear view triangle provis ions as it
w ould be located on a corner. A lthough the loca0on appears to be outside the des ignated clear view
triangle, s ite v erifica0 on w ould be requested as par t of any ins talla0 on. I n review ing the standards outlined
for D M S under S ec0on 35-6611, it was determined that the near est r es iden0al dw elling is located
approximately 122 feet from the exis 0ng s ign area. I f the orienta0on of the s ign is kept, the D M S
component would need to s w itch to sta0c mes s aging betw een the hours of 9 p.m. and 7 a.m. to meet
requirements for D M S facing a res idence located w ithin 500 feet.
The P lanning Commis s ion ul0mately held a public hearing for the aforemen0 oned applica0on at their
mee0ng on A ugus t 10, 2 0 2 3 , and were generally suppor0v e of the outlined reques t. City s taff did not
receive any public comments in adv ance of or at the s cheduled public hear ing. C ity s taff w er e pr es ent at the
mee0ng and in the role as “A pplicant ” to address any ques 0ons regarding the proposed s ign.
The Commissioners, as w ith the other D M S signage propos als, addres s ed ques 0ons s urrounding on-
premises vers us off-premises adver0 s ing of events and s pecifically called out the allowances for other
organiza0ons to u0 liz e the City ’s D M S for their own events . C ity staff noted that off-premis es adv er 0s ing is
not permi5ed under C hapter 35 of the City C ode. A ddi0onal ques 0ons addres s ed minimum standards for
D M S , including a provision that the s ign cannot remain blank for longer than one (1 ) s econd in between
mes s age changes, and the messaging mus t remain cons tant for at leas t five (5) seconds , w hich is a change
from the former code pr ovis ions w hich r equir ed a minimum of eight (8) seconds . A ddi0onal ques 0ons
s urrounding the “s yncing ” of messaging and overall control of the community messaging across the
proposed D M S loca0ons w ere als o addressed.
Following clos e of the public hearing, the P lanning C ommis s ion elected to unanimously (5-0) recommend
City C ouncil appr oval of the requested C ondi0onal U s e Permit for the pr opos ed D M S sign, w hich would be
located at 6500 D upont Avenue North.
A copy of the P lanning C ommis s ion Report for P lanning C ommis s ion A pplica0 on No. 2023-005, dated
A ugust 10, 2023 and C ity C ouncil resolu0 on regarding the aforemen0 oned request is included w ith this
memorandum.
B udget I ssues:
None to cons ider at this 0me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Customer I n0macy
AT TA C H M E N TS :
D escrip0on U pload D ate Type
Res olu0on - C U P D M S for 6500 D upont Ave N (08.28.2023)8/21/2023 Resolu0on Le5er
S taff Report and Exhibits - C U P D M S - 6500 D upont Ave N
(08.28.2023)8/21/2023 Backup M aterial
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2023-005 SUBMITTED BY
THE CITY OF BROOKLYN CENTER FOR A CONDITIONAL USE PERMIT TO
INSTALL A NEW PUBLIC USE DYNAMIC MESSAGING SIGN (6500 DUPONT
AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2023-005 was submitted by the
City of Brooklyn Center (“the Applicant”) for issuance of a conditional use permit to install a new
Dynamic Messaging Sign (DMS) with a Public Use in the R1 (Low Density Residential) District
and located at 6500 Dupont Avenue North (“the Subject Property”); and
WHEREAS, pursuant to City Code Section 35-6611, “DMS, as defined in Section 35-
9200, are permitted in any District where public uses are permitted in accordance with the provisions
in this Section” and, “notwithstanding Section 35-4301, a conditional use permit is required for
DMS;” and
WHEREAS, the Applicant intends to replace the existing freestanding sign with the
new Dynamic Messaging Sign (DMS) in approximately the same location; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
held a duly noticed and called public hearing on August 10, 2023, whereby a planning staff report
was presented and public testimony regarding the conditional use permit request was received; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
considered the conditional use permit request in light of all testimony received, the guidelines and
standards for evaluating a conditional use permit, and as outlined within Section 35-7703
(Conditional Use Permits) of the City’s Unified Development Ordinance, and the request complies
with the general goals and objectives of the City’s 2040 Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2023-005,
submitted by the City of Brooklyn Center for a Dynamic Messaging Sign (DMS) at 6500 Dupont
Avenue North, be approved based upon the following considerations:
a. The conditional use will be in accordance with the general objectives, or with any
specific objective, of the City’s Comprehensive Plan and this UDO;
b. The establishment, maintenance, or operation of the conditional use will promote
and enhance the general public welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort;
RESOLUTION NO.
c. The conditional use will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purpose already permitted, nor substantially
diminish or impair property values within the neighborhood;
d. The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district;
e. Adequate measures have been or will be taken to provide ingress, egress, and
parking so designated as to minimize traffic congestion in the public streets;
f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently
addressed to mitigate negative impacts on nearby uses; and
g. The conditional use shall, in all other respects, conform to the applicable regulations
of the district in which it is located.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota, to recommend that Planning Commission Application No. 2023-005 be approved subject
to the following conditions and considerations:
1. The new Dynamic Messaging Sign (DMS) shall comply with and meet all setback,
dimensional, and illumination regulations and standards as set forth under Sections
35-7700 (Conditional Use Permits), 35-6200 (Standards Applicable to All Signs),
35-6609 (Public Uses—All Districts Where Public Uses Are Permitted), and 35-
6611 (Dynamic Message Signs) of the City Code of Brooklyn Center, including:
a) DMS are permitted on a freestanding sign aligned perpendicular to the adjacent
arterial or collector street as specified in the City’s Comprehensive Plan;
b) The message must remain constant for at least five seconds;
c) The sign may not remain blank for longer than one second in between message
changes;
d) The area may not exceed an equivalent of 50% of each sign face area;
e) The sign shall be located no closer than 50 feet from any residential dwelling;
f) Signs within 500 feet of a residential dwelling that faces a residence shall display
a static message between the hours of 9 p.m. and 7 a.m.;
g) The sign may not flash, blink, rotate, spin, contain full motion video, or create
any other distraction to motorists;
h) If the sign malfunctions, it must automatically turn black;
i) Lighting intensity shall not exceed 5,000 nits in daytime and 500 nits at
nighttime and as outlined within Table 35-6611(b), which outlines the DMS Sign
Measurement Distance for Brightness; and
j) The sign must have dimming technology that automatically adjusts in brightness
in direct correlation with ambient light conditions. Brightness shall not exceed
0.3 foot-candles above ambient light as measured from the preset distance
depending on the sign size, and as indicated in the above-referenced table.
RESOLUTION NO.
2. No off-premise advertising is allowed by the DMS display.
August 28, 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.
App. No. 2023-005
PC 08/10/2023
Page 1
Planning Commission Report
Meeting Date: August 10, 2023
Application No. 2023-005
Applicant: City of Brooklyn Center
Location: 6500 Dupont Avenue North, Brooklyn Center, MN 55430
Requests: Conditional Use Permit to replace existing freestanding (monument) sign with
installation of a Dynamic Message Sign (DMS)
REQUESTED ACTION
The City of Brooklyn Center (“the Applicant”) is requesting review and consideration for issuance of a
conditional use permit to allow for the installation of a new Dynamic Message Sign (DMS). Said sign would
replace an existing monument sign at the City of Brooklyn Center’s East Fire Station, which is located at
6500 Dupont Avenue North (“the Subject Property”). Refer to Exhibit A.
Pursuant to City Code Section 35-6611, “DMS, as defined in Section 35-9200, are permitted in any District
where public uses are permitted in accordance with the provisions in this Section. Notwithstanding
Section 35-4301, a conditional use permit is required for DMS.” The Subject Property is currently owned
by the City of Brooklyn Center and operates as a “Public Use” per the definitions section of the City’s
signage provisions, as outlined within the Unified Development Ordinance. “Public Uses” include, but are
not limited to: school districts, municipalities, counties, states, or other governmental units, and any
religious institutions such as churches, chapels, temples, synagogues, and mosques.
Dynamic Message Signs (DMS), as defined under City Code, are electrical or electromechanical signs on
which a message may be placed that can be changed remotely or on-site through hard wire or wireless
communications.
Due to the nature of the request, a public hearing is required. A public notice was published in the
Brooklyn Center Sun Post on July 27, 2023 (Exhibit B). Properties located within the affected notification
area were also mailed a notification of public hearing, and the notice was published to the City’s website.
COMPREHENSIVE PLAN AND ZONING STANDARDS
2040 Future Land Use Plan: Parks, Recreation, Open Space
Neighborhood: Firehouse
Current Zoning: R1 (Low Density Residential) District
Surrounding Zoning: North: R1 (Low Density Residential) District
East: O (Public Open Space) District
South: R1 (Low Density Residential) District
West: R1 (Low Density Residential) District
•Application Filed: 7/11/2023
•Review Period (60-day) Deadline: 09/09/2023
•Extension Declared: N/A
•Extended Review Period Deadline: N/A
App. No. 2023-005
PC 08/10/2023
Page 2
Site Area: 3.74 acres total
Map 1. Existing Configuration of Subject Property (6500 Dupont Avenue North).
SIGN STANDARDS FOR FREESTANDING AND DMS SIGNGAGE (PUBLIC USES)
Image 1. Existing Freestanding Sign—located near the intersection of Dupont Avenue North and 65th Avenue North.
As proposed, the existing freestanding sign would be replaced by the proposed Dynamic Message Sign
(DMS). Given the existing berm, City staff reviewed the existing sign location for compliance with the clear
view triangle provisions and it appears it is located outside the defined 25-foot by 25-foot area as
measured from the right-of-way line, which is to remain free from visual obstructions, and as outlined in
App. No. 2023-005
PC 08/10/2023
Page 3
Section 35-9200 of the City Code. Site verification is necessary; however, it appears the existing sign is
located approximately 13 feet from the nearest property line. For public uses, and as outlined under
Section 35-6609.a (Public Use Freestanding Signs), one freestanding sign not to exceed 36 square feet in
area and 10 feet in height is permitted in all Districts where public uses are permitted. An additional
freestanding sign is permitted if the use abuts two or more streets. Properties entitled to an additional
freestanding sign may erect an additional freestanding sign not to exceed 72 square feet in area and 15
feet in height.
Generally, no part of any freestanding sign shall project over or beyond the property line of the property
where the sign is located and unless set back 10 feet from the street right-of-way line, the supporting
column(s) of a freestanding sign in excess of 16 square feet shall not materially impede vision between a
height of 2 ½ and 7 ½ feet above the centerline grade of the street. Freestanding signs located within the
designated clear view triangle, as defined under Section 35-9200, shall have a minimum vertical clearance
of 10 feet above the centerline grade of the intersecting streets.
Provisions to allow for Dynamic Message Signs (DMS) and Public Uses appear to have been originally
adopted by the City in 2013. Dynamic Message Signs (DMS) are permitted in any District where Public
Uses are permitted in accordance with the provisions of the City Code and upon issuance of a conditional
use permit. It should be noted that DMS are subject to certain conditions under Chapter 35-6611 (Dynamic
Message Signs) of the City Code:
1)DMS are permitted on a freestanding sign aligned perpendicular to the adjacent arterial or
collector street as specified in the City’s Comprehensive Plan;
2)The message must remain constant for at least five seconds;
3)The sign may not remain blank for longer than one second in between message changes;
4)The area may not exceed an equivalent of 50% of each sign face area;
5)The sign shall be located no closer than 50 feet from any residential dwelling;
6)Signs within 500 feet of a residential dwelling that faces a residence shall display a static message
between the hours of 9 p.m. and 7 a.m.;
7)The sign may not flash, blink, rotate, spin, contain full motion video, or create any other
distraction to motorists;
8)If the sign malfunctions, it must automatically turn black;
9)Lighting intensity shall not exceed 5,000 nits in daytime and 500 nits at nighttime and as outlined
within Table 35-6611(b), which outlines the DMS Sign Measurement Distance for Brightness; and
10)The sign must have dimming technology that automatically adjusts in brightness in direct
correlation with ambient light conditions. Brightness shall not exceed 0.3 foot-candles above
ambient light as measured from the preset distance depending on the sign size, and as indicated
in the above-referenced table.
As proposed, the overall dimensions of the new sign are approximately 9 feet high by 9 feet wide (81
square feet); however, the designated sign area is approximately 9 feet by 7.75 feet (69.75 square feet).
As proposed, the Dynamic Message portion of the sign (DMS) would be limited to an area of
approximately 9 feet by 3 feet (27 square feet), which is below the maximum 50% sign area allocated for
Dynamic Message Signs. Both the proposed height, sign area, and DMS portion of the signage appears to
meet the City’s requirements with the interpretation that the Subject Property abuts two or more streets.
Refer to Image 2 below.
App. No. 2023-005
PC 08/10/2023
Page 4
Image 2. Proposed Replacement Sign with Dynamic Message Component (6500 Dupont Avenue North).
CONDITIONAL USE PERMIT REVIEW
In addition to these specific sign standards, and pursuant to City Code Section 35-7703 (Conditional Use
Permit Criteria), the following standards must be met in order to satisfy the issuance of a conditional use
permit:
a.The conditional use will be in accordance with the general objectives, or with any specific
objective, of the City’s Comprehensive Plan and this UDO;
b.The establishment, maintenance, or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals, or comfort;
c.The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish or impair
property values within the neighborhood;
d.The establishment of the conditional use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district;
e.Adequate measures have been or will be taken to provide ingress, egress, and parking so
designated as to minimize traffic congestion in the public streets;
f.Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to
mitigate negative impacts on nearby uses; and
g.The conditional use shall, in all other respects, conform to the applicable regulations of the district
in which it is located.
The request for issuance of a conditional use permit for the proposed Dynamic Message Sign is part of a
broader request by the City of Brooklyn Center (“the Applicant”) to provide up-to-date community
messaging and opportunities to reach the broader Brooklyn Center community, and is generally in
accordance with the City’s Unified Development Ordinance and signage provisions. The DMS
App. No. 2023-005
PC 08/10/2023
Page 5
contemplated under this application is one of three total freestanding sign conversions the City of
Brooklyn Center is seeking—the other locations being 6301 Shingle Creek Parkway (City Hall and
Community Center) and 6250 Brooklyn Boulevard (West Fire Station). As the existing sign does not provide
opportunities for messaging, the proposed new sign will allow greater opportunities to keep the
community informed as the messaging capabilities allow for numerous events and public information to
be displayed as opposed to the existing monument sign, which purely identifies the City of Brooklyn
Center’s East Fire Station located along Dupont Avenue North.
The Subject Property containing the East Fire Station is situated on almost four acres, and is partially
comprised of the City’s Firehouse Park (i.e. parking lot, baseball field). An additional 4.25 acres to the east
of the Subject Property makes up the remainder of what is known as Firehouse Park. The areas to the
north and south are comprised primarily of low-density residential homes, and the area to the west is
home to Brooklyn Center Middle and High School, located at 6500 Humboldt Avenue North. A long-
standing facility building for CenturyLink (Lumen), and formerly Northwestern Bell Telephone Company,
is located kitty-corner from the Subject Property and sign area.
In reviewing the standards outlined under Section 35-6611, the nearest residential dwelling (1007 65th
Avenue North) is approximately 122 feet from the existing sign area when measured to the northwestern
edge of the residence. The new sign would be installed in the same general sign area—assuming the
orientation is maintained, and given that the sign area is located within 500 feet of a residence, the
Applicant will need to ensure a static message is displayed between the hours of 9 p.m. and 7 a.m., and
as outlined in the above-referenced Section 35-6611.
In consideration of the additional standards in place for public use DMS, City Staff does not feel the
proposed new DMS sign would be a detriment or safety risk to the general public welfare, provided
consideration is made for the residential properties to the south and adherence to the DMS regulations
is maintained. Should there be issues with regard to brightness or the frequency of image changes via the
DMS, these concerns or complaints would be addressed by City code enforcement, as is the case with all
other issues that might arise with signage in the City.
APPROVAL CONDITIONS
City staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. PC2023-005 for issuance of a Conditional Use Permit for
the proposed DMS sign located at 6500 Dupont Avenue North (the “Subject Property”):
1.The new Dynamic Messages Sign (DMS) shall comply with and meet all dimensional and
illumination regulations and standards as set forth under Sections 35-6609 (Public Uses—All
Districts Where Public Uses Are Permitted), 35-6611 (Dynamic Message Signs), and 35-7700
(Conditional Use Permits)of the City Code of Brooklyn Center; and
2.No off-premise advertising is allowed by the DMS display.
RECOMMENDATION
Based on the above-noted findings and conditions, City staff recommends:
The Planning Commission recommends City Council approval of the requested issuance of a Conditional
Use Permit for a DMS sign for the Subject Property located at 6500 Dupont Avenue North, subject to the
conditions as outlined above in the Approval Conditions and the associated resolution.
App. No. 2023-005
PC 08/10/2023
Page 6
Attachments
Exhibit A – Planning Commission Application No. 2023-005 location map and sign rendering.
Exhibit B – Public Hearing Notice, dated July 27, 2023, as published in the Brooklyn Center Sun Post.
Chris Clark
Brooklyn Center Fire
Brooklyn Center, MN
04-14-2028
Scale: 3/8”=1’-0”
BCFFD_MS_V2B.ai
illuminated monument
signage
Customer
Location
Description
Sales Person
Date
Scale
File / Rev
IMPORTANT NOTICE:
This is a proprietary design of Leroy
Signs, Inc., designed specifically for this
project. It is illegal and unethical to
distribute to any other entity for copy or
use. This design cannot be used without
the written consent of Leroy Signs, Inc.
6325 WELCOME AVE, N.
MINNEAPOLIS, MN 55429
Phone: 763-535-0080
ww.leroysigns.com
PRIMARY ELECTRICAL POWER TO SIGN
TO BE BY OTHERS. ALL POWER TO BE
120 VOLT UNLESS OTHERWISE STATED
SIGN MUST BE GROUNDED IN COMPLIANCE WITH
ARTICLE 600 OF THE NATIONAL ELECTRIC CODE
ELECTRICAL TO USE
U.L. LISTED COMPONENTS
AND SHALL MEET ALL
N.E.C. STANDARDS
Dark Bronze
Dark Bronze
Dark Bronze
grade
FIRE DEPARTMENTBROOKLYN CENTER
East Station
1 QTY INTERNALLY ILLUMINATED MONUMENT SIGN
6500 DUPONT AVE N
full color EMC
3'
-
0
"
2'
-
0
"
9'-0"
4'
-
0
"
9'
-
0
"
pole cover
2'
-
0
"
4” deep illuminated logo
routed backlit header
routed backlit address
Exhibit A
Exhibit B
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
MEMORANDUM
DATE: August 8, 2023
TO: Brooklyn Center City Council
Dr. Reginald Edwards, City Manager
Barbara Suciu, Assistance City Manager/City Clerk
FROM: Jason M. Hill, City Attorney
RE: Edible Cannabinoid Licensing Ordinance
In follow-up to the City Council’s recent work session discussion, the purpose of this
memorandum is to provide a draft of an ordinance creating a licensing framework related to the
sale of edible cannabinoid products (“THC Edibles) until licensing and regulation of hemp
products occurs at the state level.
The attached licensing ordinance does the following:
Requires a business to obtain a city-issued license prior to offering edible cannabinoids for
sale.
Establishes one licensing period effective from the date of issuance until March 1, 2025,
or until the state issues a license for the sale of lower-potency hemp edibles, whichever
occurs first.
Exempts edible cannabinoid products that only contain cannabinoil (“CBD”) from the
license requirement.
On-site consumption may only occur at businesses licensed for on-sale liquor consumption.
The business cannot be within 500 feet of a “Youth Oriented Facility”, which is defined as
“a public or private elementary, middle, or high school, a state-licensed child or day care
program with more than ten children, and any City park.”
The proposed ordinance is largely modeled after the City’s tobacco licensing ordinance.
If the City Council desires, it could consider the following alternatives:
2
Allowing licenses only for exclusive liquor stores and tobacco shops.
Amend the distance restrictions.
JMH
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 2023, at
7:00 p.m. or as soon thereafter as the matter may be heard during the a City Council meeting at
City Hall, 6301 Shingle Creek Parkway to consider an ordinance amending Chapter 23 of the City
Code regarding the licensing of the sale of edible cannabinoid products within the City of Brooklyn
Center. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at:
https://www.ci.brooklyn-center.mn.us/. A definite time for this ordinance to be considered cannot be
given as it will depend on the progression of the agenda items.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY
CODE REGARDING THE LICENSING OF THE SALE OF EDIBLE CANNABINOID
PRODUCTS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code, Chapter 23 Table of Contents, is hereby amended by adding
the following double-underlined language:
EDIBLE CANNABINOID PRODUCTS
Purpose and Intent……………………………………………………………………….. 23-2700
Definitions ……………………………………………………………………….............. 23-2701
License …………………………………………………………………………………… 23-2702
Restrictions ………………………………………………………………………………. 23-2703
Allowed Sales and Prohibited Actions …………………………………………………... 23-2704
Signage …………………………………………………………………………………... 23-2705
Storage …………………………………………………………………………………… 23-2706
Compliance Checks and Inspections …………………………………………………….. 23-2707
Violations and Penalties …………………………………………………………………. 23-2708
2
Exceptions and Defenses ………………………………………………………………… 23-2709
Section 2. Brooklyn Center City Code, Section 23-003.5, subd. 2 is hereby amended by adding the
following double-underlined language, with the remaining language of Section 23-003.5, subd. 2
remaining unchanged:
Subdivision 2. Criminal History License Background Investigations. The Brooklyn Center
Police Department is hereby required, as the exclusive entity within the City, to do a criminal
background investigation on the applicants for the following licenses within the city:
Tobacco Sales, Sections 23-101 through 23-108
Pawnbrokers, Sections 23-601 through 23-630
Secondhand Goods Dealers, Sections 23-650 through 23-678
Taxicabs, Sections 23-701 through 23-712
Saunas or Sauna Baths, Sections 23-1600 through 23-1615
Massage Parlors, Sections 23-1700 through 23-1720
Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups,
Escort Services, Model Services, Dating Services or Hostess Services, Sections 23-1800
through 23-1815
Charitable Gambling, Sections 23-1900 through 23-1904
Currency Exchanges, Sections 23-2201 through 23-2205
Edible Cannabinoid Products, Sections 23-2700 through 23-2709
Section 3. Brooklyn Center City Code, Section 23-006.05 is hereby amended by adding the
following double-underlined language and removing the stricken language:
Section 23-006.05. PAYMENT PROPERTY TAXES REQUIRED. No license shall be
granted or renewed for tobacco related products; bowling alleys; entertainment; filling stations;
pawnbrokers; secondhand goods dealers; motor vehicle dealerships; saunas and sauna baths;
massage parlors; rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups,
escort services, model services, dancing services, or hostess services; hospitality accommodations;
or amusement devices; or Edible Cannabinoid Products for operation on any property on which
taxes, assessments, or other financial claims of the state, county, school district, or city are due,
delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section
278.01 through 278.03, questioning the amount or validity of taxes, the City Council may on
application waive strict compliance with this provision; no waiver may be granted, however, for
taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming
due.
Section 4. Brooklyn Center City Code, Chapter 23, is hereby amended by adding Sections 23-2700
through 23-2709 to read in their entirety as follows:
Edible Cannabinoid Products
Section 23-2700. PURPOSE AND INTENT
3
A. Minnesota Statutes, section 151.72 expressly allows the sale of certain products
that are intended to be eaten or consumed as a beverage by humans and which
contain a cannabinoid in combination with food ingredients (“Edible Cannabinoid
Products”), including Edible Cannabinoid Products which contain
tetrahydrocannabinol (“THC”).
B. 2023 Session Law Chapter 63 (the “Cannabis Act”) both amended regulations for
Edible Cannabinoid Products and established a framework for adult-use cannabis
in the state of Minnesota. The Cannabis Act established the Office of Cannabis
Management (“OCM”) effective July 1, 2023, and the OCM will eventually issue
licenses for all cannabis products and edible hemp products, such as Edible
Cannabinoid Products, but does not currently require a business to obtain a license
to sell Edible Cannabinoid Products.
C. The City enacted Ordinance No._____________, an interim ordinance establishing
a temporary prohibition on the sale of Edible Cannabinoid Products, which has
expired, thereby leaving a regulatory gap between when businesses can begin
selling Edible Cannabinoid Products in the City and when businesses will be
required to obtain a state-level license to sell edible hemp products.
D. The City recognizes that, based on the most reliable and up-to-date scientific
evidence, the introduction of Edible Cannabinoid Products containing THC
presents a potential threat to the public health, safety, and welfare of the residents
of the City and has determined the establishing a licensing framework for Edible
Cannabinoid Products is in the best interest of the City and its residents.
E. State law does not preempt municipalities from adopting and enforcing local
ordinances to regulate retailers of Edible Cannabinoid Products including, but not
limited to, establishing business licensing requirements. The Cannabis Act directs
the OCM to draft administrative rules and model ordinances related to cannabis and
hemp products, which may address Edible Cannabinoid Products, but the timing
and details of those regulations are uncertain. Therefore, the City Council
determines it is appropriate to adopt the regulations in this ordinance without delay.
F. In making these findings and enacting this ordinance, it is the intent of the City to
facilitate responsible retail activities associated with Edible Cannabinoid Products
by allowing legal sale and access without promoting increases in use, and to
discourage violations of Edible Cannabinoid Products-related laws, especially
those which prohibit or discourage the marketing, sale, or distribution of Edible
Cannabinoid Products to persons under the age of 21 years.
G. A licensing requirement for retail establishments that desire to sell Edible
Cannabinoid Products will not unduly burden legitimate business activities of such
retailers who sell or distribute Edible Cannabinoid Products to adults, but will allow
the City to effectively regulate the operation of lawful businesses, limit access to
4
persons under the age of 21 years, and discourage violations of Edible Cannabinoid
Product-related laws.
Section 23-2701. DEFINITIONS. Except as may otherwise be provided or clearly
implied by context, all terms shall be given their commonly accepted definitions. For the
purpose of Sections 23-2701 through 23-2709, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
A. “Compliance checks” means the system the City uses to investigate and ensure that
those authorized to sell covered products are following and complying with the
requirements of Sections 23-2701 through 23-2709. Compliance checks shall
involve the use of persons who have reached the age of 17, with parental or guardian
consent if under the age of 18 years, but who are under the age of 21 as authorized
by Sections 23-2701 through 23-2709. Compliance checks shall also mean the use
of persons who have reached the age of 17, with parental or guardian consent if
under the age of 18 years, but who are under the age of 21 who attempt to purchase
covered products for educational, research and training purposes as authorized by
state and federal laws. Compliance checks may also be conducted by other units of
government for the purpose of enforcing appropriate federal, state or local laws and
regulations relating to covered products.
B. “Edible Cannabinoid Product” has the same meaning as is contained in Minnesota
Statutes, section 151.72, subdivision 1 (f). For purposes of this Section, Edible
Cannabinoid Product shall not include any Exempt Product as defined in this
Section.
C. “Exclusive Liquor Store” means an establishment that meets the definition of
exclusive liquor store in Minnesota Statutes, section 340A.101, subdivision 10.
D. “Exempt Product” means an Edible Cannabinoid Product that contains less than
trace amounts of THC and which is not marketed or otherwise labeled as containing
THC. For example, an Edible Cannabinoid Product labeled and marketed as
containing cannabinoil (“CDB”) but containing “0% THC” or being “THC Free”
would be considered an Exempt Product.
E. “Moveable place of business” means any form of business operated out of a
truck, van, automobile or other type of vehicle or transportable shelter and not
fixed-address storefront or other permanent type of structure authorized for
sales transactions.
F. “Retail Establishment” means any place of business where Edible Cannabinoid
Products are available for sale to the general public. Retail establishments shall
include, but are not limited to, exclusive liquor stores, grocery stores, convenience
stores, tobacco stores, hemp stores, CBD stores, restaurants, and any other business
offering Edible Cannabinoid Products for sale at retail. Retail establishments shall
not include home occupations. Only businesses that are in compliance with all
5
applicable federal, state, and local laws, rules, regulations, and ordinances,
including zoning regulations, may be considered a retail establishment.
G. “Sale” means any transfer of goods for money, trade, barter or other
consideration.
H. “Self-service merchandising” means open displays of Edible Cannabinoid
Products in any manner where any person shall have access to the Edible
Cannabinoid Products without the assistance or intervention of the licensee or
the licensee's employee. The assistance or intervention shall entail the actual
physical exchange of the covered products between the customer and the
licensee or employee. Self- service sales are interpreted as being any sale where
there is not an actual physical exchange of the covered product between the
clerk and the customer.
I. “Vending machine” means any mechanical, electric or electronic, or other type
of device that dispenses tobacco, tobacco products or tobacco-related devices
upon the insertion of money, tokens or other form of payment directly into the
machine by the person seeking to purchase the covered product.
J. “Youth Oriented Facility” means a public or private elementary, middle, or
high school, a state-licensed child or day care program with more than ten
children, and any City park.
Section 23-2702. LICENSE
A. License Required. No person shall directly or indirectly or by means of a
vending machine or similar device keep for retail sale, sell at retail, or otherwise
dispense any Edible Cannabinoid Product at any place in the City of Brooklyn
Center unless a license therefor shall first have been obtained a s provided in
Sections 23-2701 through 23-2709. The City will only issue an Edible
Cannabinoid Product license to a retail establishment located within the City.
No license shall be required to sell or offer for sale any Exempt Product.
B. Application. An application for a license to sell Edible Cannabinoid Products shall
be made on a form provided by the city. The application shall contain the full name
of the applicant, the applicant's residential and business addresses and telephone
numbers, the name of the business for which the license is sought, and any
additional information the city deems necessary. If the City Clerk determines that
an application is incomplete, the application shall be returned to the applicant with
notice of the information necessary to make the application complete. Upon receipt
of a completed application, the City Clerk shall forward the application to the
police department for investigation. The police department shall conduct an
investigation of the applicant and application regarding the fitness of the
applicant to hold a license pursuant to the standards set forth in Sections 23 -
6
2701 through 23-2709, and report the results of its investigation to the City
Clerk within 30 days of receipt of the application.
C. Action. The City Clerk shall forward the application for consideration by the
City Council at tis next regularly scheduled City Council meeting. T he City
Council may either approve or deny the license, or it may delay action for a
reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary.
D. Fees. No application for a license under Sections 23-2701 through 23-2709
shall be accepted until the appropriate license or investigation fee is paid in full.
The fee(s) shall be established by the City Council by resolution from time to
time.
E. Transfers. All licenses issued under Sections 23-2701 through 23-2709 shall
be valid only on the premises for which the license was issued and only for
the person to whom the license was issued.
F. Moveable place of business. No license shall be issued to a moveable place of
business. Only fixed-location businesses shall be eligible to be licensed under
Sections 23-2701 through 23-2709.
G. Term. All licenses issued under this Section shall be valid until March 1, 2025,
or until the license holder is issued a license by the State of Minnesota Office
of Cannabis Management for the sale of lower-potency hemp edibles,
whichever occurs first.
Section 23-2703. RESTRICTIONS.
A. The following shall be grounds for denying the issuance of a license under
Sections 23-2701 through 23-2709.
1. The applicant is under 21 years of age.
2. The applicant has been convicted within the past five years of any
violation of a federal, state, or local law, ordinance provision, or other
regulation relating to Edible Cannabinoid Products.
3. The applicant has had a license to sell Edible Cannabinoid Products
revoked or suspended within the past five years.
4. The applicant fails to provide any information required on the
application, or provides false or misleading information.
5. The applicant is prohibited by federal, state, or other local law,
ordinance, or regulation from holding such a license.
7
6. The applicant does not meet all applicable zoning requirements.
7. The applicant proposes to sell Edible Cannabinoid Products in a manner
that does not comply with this chapter or Minnesota Statutes, section
151.72.
8. The applicant proposes to sell Edible Cannabinoid Products for any
premises that is not a retail establishment or proposed to sell Edible
Cannabinoid Products in a manner that does not comply with this
Section.
9. The applicant proposes to sell Edible Cannabinoid Products within 500
feet of a Youth Oriented Facility.
B. No license may be issued:
1. To any applicant who has fees or charges to the City or Hennepin
County that are due and unpaid.
2. For any premises for which property taxes or City utility charges are due
and unpaid.
Section 23-2704. ALLOWED SALES AND PROHIBITED ACTIONS.
A. Sales of Edible Cannabinoid Products must be made in accordance with the
following:
1. In accordance with all requirements on Minnesota Statutes, section
151.72, including, but not limited to, the requirement that the licensee
verify the age of all customers.
2. Must include a face-to-face exchange of an Edible Cannabinoid Product
between the licensee or licensee’s employee and the customer. Licensee
may not engage in sales over the phone, via the internet or other remote
means, and may not delivery Edible Cannabinoid Products or engage in
curbside pickup of Edible Cannabinoid Products.
3. For on-site consumption if the following conditions are met:
a. The Edible Cannabinoid Product being offered is intended to be
consumed as a beverage;
b. The licensee is also licensed under Minnesota Statutes, section
340A for on-sale liquor; and
8
c. The licensee meets all other requirements and conditions for on-
site consumption of Edible Cannabinoid Products provided in
Minnesota Statues, section 151.72, subdivision 3 (f).
B. It shall be a violation of Sections 23-2701 through 23-2709 for any person to
sell or offer to sell any Edible Cannabinoid Product:
1. By a vending machine;
2. By self-service displays;
3. By means of sampling or providing covered products free of charge or
at a nominal cost; or
4. By any other means, to any person, in any other manner or form
prohibited by state or local law, ordinance provision, or other regulation.
C. No person shall sell any Edible Cannabinoid Product to any person under the
age of 21.
Section 23-2705. SIGNAGE. At each location where Edible Cannabinoid Products are
sold, the licensee shall display a sign in plain view to provide public notice that selling any of
these products to any person under the age of 21 is illegal and subject to penalties. The notice
shall be placed in a conspicuous location in the licensed establishment and shall be readily
visible to any person who is purchasing or attempting to purchase these products. The sign
shall provide notice that all persons responsible for selling these products must ver ify, by
means of photographic identification containing the bearer’s date of birth, the age of any
person attempting to purchase Edible Cannabinoid Products in accordance with Minnesota
Statutes, section 151.72, subdivision 5c.
Section 23-2706. STORAGE. All Edible Cannabinoid Products must be stored in
compliance with Minnesota Statutes, section 151.72.
Section 23-2707. COMPLIANCE CHECKS AND INSPECTIONS. All licensed
premises shall be open to inspection by the City police or other authorized City official during
regular business hours. From time to time, but at least twice per year, the City shall conduct
compliance checks by engaging persons over the age of 17 years, with written permission
from a parent or guardian for persons under the age of 18 years, but less than 21 years to enter
the licensed premise to attempt to purchase covered products. Persons under the age of 21
used for the purpose of compliance checks shall be supervised by City designated law
enforcement officers or other designated City personnel. No person used in compliance
checks shall attempt to use a false identification misrepresenting the person's age, and all
persons lawfully engaged in a compliance check shall answer all questions about the person's
age asked by the licensee or his or her employee and shall produce any identification, if
any exists, for which the person is asked.
9
Section 23-2708. VIOLATIONS AND PENALTIES.
A. Licensees responsible. All licensees are responsible for the actions of their
employees in regard to the sale of Edible Cannabinoid Products on the
licensed premises and the sale of a covered product by an employee shall
be considered a sale by the licensee for the purposes of constituting a license
violation under this Section.
B. Misdemeanor prosecution. Nothing in this Section shall prohibit the City from
seeking prosecution as a misdemeanor for any alleged violation of Sections 23-
2701 through 23-2709.
C. Administrative penalties.
1. Licensees. If a licensee or employee of a licensee sells covered
products to a person under the age of 21 years, or violates any other
provision of Sections 23-2701 through 23-2709, the licensee shall be
charged an administrative penalty of $200. An administrative
penalty of $500 shall be imposed for a second violation at the same
location within 24 months after the initial violation. For a third or
subsequent violation at the same location within 24 months after the
initial violation, an administrative penalty of $750 shall be imposed,
and the licensee's authority to sell covered products at that location
shall be suspended for not less than 30 days. Upon a fourth violation,
the license will be revoked.
2. Other individuals. Other individuals, found to be in violation of
Sections 23-2701 through 23-2709 shall be charged an
administrative fine of $50.00.
3. Statutory penalties. If the administrative penalties authorized to be
imposed by Minnesota Statutes, Section 461.12, as it may be
amended from time to time, differ from those established in this
Section, then the more severe penalty shall prevail.
D. License revocation or suspension. In addition to misdemeanor prosecution
and administrative penalties, violation of Section 23-2701 through 23-
2709 is grounds for revocation or suspension under Section 23-006.
Section 23-709. EXCEPTIONS AND DEFENSES. Nothing in this Section shall
prevent the providing of an Edible Cannabinoid Product to a person under the age of 21 as
part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an
affirmative defense to the violation of this ordinance for a person to have reasonably relied
upon proof of age.
10
Article III. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this __ day of __________, 2023.
__________________________________
April Graves, Mayor
ATTEST:
Barbara Sucio, Assistant City Manager/City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
C ouncil R egular M eeng
DAT E:8/28/2023
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:Elizabeth H eyman, D irector of P ublic Works
S U B J E C T:A n O rdinance A mendments to the F ranchise A greement w ith X cel Energy
Requested Council A con:
- Moon to approve the first reading of an ordinance implemenng an electric franchise fee on Northern
S tates Pow er C ompany, a M innesota corporaon, D /B/A X cel Energy, its successors and assigns for
providing electric service w ithin the C ity of Brooklyn C enter.
- Moon to approve the first reading of an ordinance granng to Northern S tates Power C ompany, A
Minnesota C orporaon, D /B/A X cel Energy, its successors and assigns, permission to construct, operate,
repair and maintain in the C ity of Brooklyn C enter, M innesota, an electric distribuon system and
transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric
energy to the C ity, its inhabitants, and others, and to use the public grounds and public way s of the C ity for
such purposes.
B ackground:
The r ecommended Council ac3 on looks to update Brooklyn C enter ’s exis3 ng agreement with X cel Energy,
that is set to expir e in D ecember 8, 2023, and ensure that the C ity has flexibility to change franchis e fee
amounts as needed in the future.
The right of w ay along city s treets and alleys is public property. To connect homes and proper3 es to gas ,
electric, telephone and other serv ices, companies must run dis tribu3 on lines on the public right of way.
Communi3es nego3 ate franchis e agr eements with u3 lity companies to iden3fy the condi3 ons under which
thos e companies ar e allow ed to us e public pr oper ty to prov ide s ervice to local residents and bus inesses .
A ls o, u3 lity companies pay a fee to ci3 es — nego3ated thr ough a franchis e agr eement — in exchange for
us e of the public right of way. This agreement and or dinance per tain to how the C ity manages this
rela3ons hip s pecifically with X cel Energy.
The recommended amendments w ould modify tw o r es olu3 ons adopted by the C ity C ouncil on D ecember 8,
2003, and modify an or dinance amendment adopted on S eptember 12, 2016. T hese 2003 and 2 0 1 6 Council
ac3ons s et the exis3ng F ranchise A greement and franchise fee rates with X cel Energy.
The r ecommended franchis e or dinances con3 nue to allow the C ity to revis e franchise fees or purs ue
addi3onal franchise fees in the future. I n addi3on, the franchis e agr eement does not limit the C ity ’s ability
to u3lize franchis e fees as a funding mechanis m in the future as a replacement for the exis 3ng S pecial
A s s essment Policy. T he franchis e agreement w as review ed by the City A>orney to ens ure the C ity retains
the flexibility to support a mov e away from special asses s ments if the C ity Council s uppor ted this change in
policy in the future.
P ropos ed F ranchise Fee O rdinance Revis ions
The changes to the exis 3ng X cel franchis e ordinances include:
Removal of the major ity of the fee prov is ions from the franchise ordinance/agreement to the s tand-
alone fee ordinance. This will make it less cumbers ome to change fees in the futur e as it w ould only
require the amendment of the fee ordinance and not both ordinances .
A ddi3on of a con3 nua3 on pr ovis ion at S ec3on 2.6 of the franchis e ordinance. This allows for the
s hort-term extens ion of the franchise at the end of the term in the ev ent the par3es need addi3onal
3me to prepare the new franchis e.
Removal of the bond requirements in S ec3on 3 .4. This brings the ordinance in line with City C ode and
w as a priority for X cel Energy.
A ddi3on of mapping informa3on in S ec3on 3.8.
G enerally amended language to cite and coordinate w ith S tate adminis tra3ve rules.
I n the indemnifica3 on provision in S ec3on 6.1, 3ed a “hazardous” reques t from the City to industry
s tandards as oppos ed to X cel unilaterally making that determina3on.
P ropos ed P roces s and Next S teps
I t is recommended that the C ity C ouncil conduct the fir s t reading of the ordinance at the A ugus t 2 8 , 2023
City Council M ee3ng and cons ider the adop3 on of the ordinance amendments to the F r anchis e A greement
w ith X cel Energy. I f the Council pr oceeds , the next s teps ar e to hold a s econd r eading of the ordinance and
conduct a P ublic H earing at the S eptember 11, 2023 C ity C ouncil Mee3ng.
B udget I ssues:
There are no budget is s ues to consider.
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
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 O C S O P E N-#896800-v1-Electric_F ranchis e_O rdinance 8/22/2023 O rdinance
D O C S O P E N-#896799-v1-Electric_F ranchis e_Fee_O rdinance 8/22/2023 O rdinance
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of August, 2023, at 7:00
p.m. or as soon thereafter as the matter may be heard during the regular City Council meeting at
City Hall, 6301 Shingle Creek Parkway to consider an ordinance granting Northern States Power
Company a franchise to construct, operate, repair and maintain an electric distribution system
and transmission lines in Brooklyn Center and to use public ways and grounds for such purposes.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. ________
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY,
A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS
AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND
MAINTAIN IN THE CITY OF BROOKLYN CENTER, MINNESOTA, AN
ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES,
INCLUDING NECESSARY POLES, LINES, FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO
THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC
GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Brooklyn Center, County of Hennepin, State of Minnesota.
1.2 City Utility System. Facilities used for providing public utility service owned or
operated by the City or agency thereof, including sewer, storm sewer and water service, but
excluding facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the
authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy its successors and assigns, including all successors or assignees that own or operate any part
or parts of the Electric Facilities subject to this Franchise.
2
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys,
anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the
purpose of providing electric energy for public use.
1.6 Notice. A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel,
401 Nicollet Mall, 8th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the
City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Either party may change
its respective address for the purpose of this Ordinance by written notice to the other party.
1.7 Ordinance. This electric franchise ordinance, also referred to as the Franchise.
1.8 Public Ground. Land owned or otherwise controlled by the City for park, open
space or similar purpose, which is held for use in common by the public.
1.9 Public Way. Any street, alley, walkway or other public right-of-way within the
City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years
from the date this Ordinance is passed and approved by the City, the right to transmit and furnish
electric energy for light, heat, power and other purposes for public and private use within and
through the limits of the City as its boundaries now exist or as they may be extended in the future.
For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on,
over, under and across the Public Ways and, as may be provided by separate instrument, Public
Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things
necessary or customary to accomplish these purposes, subject, however, to such reasonable
regulations as may be imposed by the City pursuant to ordinance and to the further provisions of
this Ordinance.
2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect
from and after passage of this Ordinance and its publication as required by law. The City, by
Council resolution, may revoke this Franchise if Company does not file a written acceptance with
the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by
Company for electric service in City are subject to the jurisdiction of the Commission. The area
within the City in which Company may provide electric service is the area approved by the
Commission pursuant to the provisions of Minnesota Statutes, Section 216B.40.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company within thirty (30) days.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
3
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within thirty (30) days of the written notice, the parties may jointly select a mediator
to facilitate further discussion. The parties will equally share the fees and expenses of this mediator.
If a mediator is not used, or if the parties are unable to resolve the dispute within thirty (30) days
after first meeting with the selected mediator, either party may commence an action in District
Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or
equity.
2.6 Continuation of Franchise. If the City and Company are unable to agree on the terms
of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a
new franchise is agreed upon, or until 90 days after the City or Company serves written Notice to
the other party of its intention to allow the Franchise to expire, but in no event shall this Franchise
continue for more than one year after expiration of the 20-year term set forth in Section 2.1.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and
maintained so as not to interfere with the safety and convenience of ordinary travel along and over
Public Ways and so as not to disrupt normal operation of any City Utility System previously
installed therein. Electric Facilities may be located on Public Grounds as determined by the City.
Company's construction, reconstruction, operation, repair, maintenance, location and relocation of
Electric Facilities shall be subject to permits if required by separate ordinance and to other
reasonable regulations of the City to the extent not inconsistent with the terms of this Franchise.
Company may abandon underground Electric Facilities in place, provided at the City’s request,
Company at its own expense will remove abandoned Electric Facilities interfering with a City
improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Electric
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee, subject to Section 9.1 of this Franchise.
Permit conditions imposed on Company shall not be more burdensome than those imposed on other
utilities for similar facilities or work. Company may, however, open and disturb any Public Ground
or Public Way without permission from the City where an emergency exists requiring the
immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to
the office designated by the City as soon as practicable. Not later than the second working day
thereafter, Company shall obtain any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public
Ground or Public Way, Company shall restore the same, including paving and its foundation, to as
good a condition as formerly existed, and in accordance with Minnesota Rules, part 7819.1100, and
shall maintain any paved surface in good condition for one (1) year thereafter. The work shall be
completed as promptly as weather permits, and if Company shall not promptly perform and
4
complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or
Public Way in the said condition, the City shall have, after demand to Company to cure and the
passage of a reasonable period of time following the demand, but not to exceed five (5) days, the
right to make the restoration at the expense of Company. Company shall pay to the City the cost of
such work done for or performed by the City. This remedy shall be in addition to any other remedy
available to the City for noncompliance with this Section 3.4, but the City hereby shall not require
Company to post a construction performance bond, certificate of insurance, letter of credit or other
security in favor of the City as a condition of the City’s permission to install, replace or maintain
facilities in a Public Way or Public Ground.
3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person,
including Company, from liability arising out of the failure to exercise reasonable care to avoid
damaging Electric Facilities while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans
for improvements to Public Grounds or Public Ways where the City has reason to believe that
Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the
nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in
which the work is to proceed. The notice must be given to Company a sufficient length of time in
advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Electric Facilities.
3.7 Shared Use of Poles. Company shall make space available on its poles or towers for
City fire, water utility, police or other City facilities upon terms and conditions acceptable to
Company whenever such use will not interfere with the use of such poles or towers by Company,
by another electric utility, by a telephone utility, or by any cable television company or other form
of communication company. In addition, the City shall pay for any added cost incurred by Company
because of such use by City.
3.8 Mapping Information. Company shall provide mapping information for any of its
underground Electric Facilities in accordance with Minnesota Rules, parts 7819.4000 and
7819.4100.
SECTION 4. RELOCATIONS.
4.1 Relocation of Electric Facilities in Public Ways. In accordance with Minnesota
Rules, part 7819.3100, Company shall relocate its Electric Facilities at its own expense, with due
regard for seasonal working conditions, when it is necessary to prevent interference in connection
with: (1) a public project involving Public Ways; (2) the public health or safety, or (3) the safety
and convenience of travel over the Public Ways. The City shall give Company reasonable notice of
plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public
Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five
years of a prior relocation of the same Electric Facilities, which was made at Company expense, the
City shall reimburse Company for non betterment costs on a time and material basis, provided that
5
if a subsequent relocation is required because of the extension of a City Utility System to a
previously unserved area, Company may be required to make the subsequent relocation at its
expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at
its own expense its Electric Facilities where such relocation, removal, replacement or
reconstruction is solely for the convenience of the City and is not reasonably necessary for the
construction or reconstruction of a Public Way or City Utility System or other City improvement.
4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at
Company’s expense, to relocate or remove its Electric Facilities from Public Ground upon a finding
by City that the Electric Facilities substantially impair the existing or proposed public use of the
Public Ground. Such relocation shall comply with applicable City ordinances.
4.3 Projects with Federal Funding. City shall not order Company to remove or
relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-
way project or any other project which is financially subsidized in whole or in part by the Federal
Government or any agency thereof, unless the reasonable non-betterment costs of such relocation
are first paid to Company. The City is obligated to pay Company only for those portions of its
relocation costs for which City has received federal funding specifically allocated for relocation
costs in the amount requested by the Company, which allocated funding the City shall
specifically request. Relocation, removal or rearrangement of any Company Electric Facilities
made necessary because of a federally-aided highway project shall be governed by the provisions
of Minnesota Statutes, Section 161.46, as supplemented or amended.
4.4 No Waiver. The provisions of this Franchise shall not be construed to waive or
modify any rights obtained by Company for installations within a Company easement or
prescriptive right established before the applicable Public Ground or Public Way was established,
or Company's rights under state or county permit.
SECTION 5. TREE TRIMMING.
Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to
the extent Company finds necessary to avoid interference with the proper construction, operation,
repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall
save the City harmless from any liability arising therefrom, and subject to permit or other
reasonable regulation by the City.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall
not be indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection
of, Company's plans or work. Nothing herein shall be deemed to constitute a waiver by City of any
defenses, immunities, or limitations on liability under Minnesota Statutes, Chapter 466. The City
6
shall not be indemnified if the injury or damage results from the performance in a proper manner, or
acts reasonably deemed hazardous according to industry standards, and such performance is
nevertheless ordered or directed by City after notice of Company’s determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend,
it will thereafter have control of such litigation, but Company may not settle such litigation without
the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to
third parties, a waiver of any defense or immunity otherwise available to the City and Company, in
defending any action on behalf of the City, shall be entitled to assert in any action every defense or
immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two (2) weeks prior written notice of a proposed
vacation of a Public Way. The City and Company shall comply with Minnesota Rules, part
7819.3200 and applicable ordinances consistent with law. Except where required for a City
improvement project, the vacation of any Public Way, after the installation of Electric Facilities,
shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities.
In no case, however, shall City be liable to Company for failure to specifically preserve a
right-of-way under Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
9.1 Fee Schedule. During the term of the Franchise hereby granted, and in lieu of any
permit or other fees being imposed on Company, the City may impose on Company a franchise
fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from
each customer in the designated Company Customer Class.
If the City elects to amend the existing franchise fee, it shall notify Company. The fee shall be set
forth in a separate ordinance and not be adopted until at least 90 days after Notice enclosing such
proposed ordinance has been served upon the Company by certified mail. If the City and
Company are unable to agree on a franchise fee or on any terms related thereto, Section 2.5 shall
constitute the sole process for solving such dispute regarding fee amount and associated
amendment to the separate franchise fee ordinance. City and Company expressly reserve all
rights concerning franchise fees and related issues and this paragraph is not intended, and shall
not be construed, as a waiver of any such rights.
7
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part. Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties, and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) as a third party
beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to
any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this Franchise may at any time propose that the Ordinance be amended to
address a subject of concern and the other party will consider whether it agrees that the amendment
is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any
time by the City passing a subsequent ordinance declaring the provisions of the amendment,
which amendatory ordinance shall become effective upon the filing of Company’s written
consent thereto with the City Clerk within 90 days after the date of final passage by the City of
the amendatory ordinance and its publication as required by law.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This Franchise supersedes Ordinance No.’s 97-09 and 2003-24, the previous electric
franchise and amendment granted to Company or its predecessor.
Adopted this ____ day of __________________ 2023.
April Graves, Mayor
ATTEST:
Barb Suciu, City Clerk
Date of Publication:____________________
ACCEPTED: This Franchise Ordinance, as amended, is accepted and the undersigned agrees to
be bound by its terms and conditions.
8
Dated: ________________________ , 2023.
NORTHERN STATES POWER COMPANY D/B/A XCEL ENERGY
By: ______________________________________
Its: ______________________________________
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of ____________, 2023, at
7:00 p.m. or as soon thereafter as the matter may be heard during the regular City Council meeting at
City Hall, 6301 Shingle Creek Parkway to consider an electric franchise fee ordinance.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO. ________
AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A
XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS FOR PROVIDING ELECTRIC
SERVICE WITHIN THE CITY OF BROOKLYN CENTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Code of the City of Brooklyn Center is hereby amended to include reference to
the following Special Ordinance.
Subdivision 1. Purpose. The Brooklyn Center City Council has determined that it is in the best
interest of the City to impose a franchise fee on those public utility companies that provide electric
services within the City of Brooklyn Center.
(a) Pursuant to City Ordinance ______, a Franchise Agreement (“Franchise”) between the City
of Brooklyn Center (“City”) and Northern States Power Company, a Minnesota corporation,
d/b/a Xcel Energy (“Company”), its successors and assigns, the City has the right to impose a
franchise fee on the Company, its successors and assigns, in an amount and fee design as set
forth in Section 9 of the Northern States Power Company Franchise and in Subdivision 9 of
this Ordinance.
Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on the Company,
its successors and assigns, under its electric franchise in accordance with the schedule attached
here to and made a part of this Ordinance, commencing with the Xcel Energy’s
___________________, 20__ billing month.
This fee is an account-based fee on each premise and not a meter-based fee. In the event that an
entity covered by this Ordinance has more than one meter at a single premise, but only one account, only
one fee shall be assessed to that account. If a premise has two or more meters being billed at different
rates, the Company may have an account for each rate classification, which will result in more than one
franchise fee assessment for electric service to that premise. If the Company combines the rate
classifications into a single account, the franchise fee assessed to the account will be the largest franchise
fee applicable to a single rate classification for energy delivered to that premise. In the event any entities
covered by this ordinance have more than one premise, each premise (address) shall be subject to the
2
appropriate fee. In the event a question arises as to the proper fee amount for any premise, the
Company’s manner of billing for energy used at all similar premises in the City will control.
Subdivision 3. Payment. The franchise fee shall be payable quarterly and shall be based on the
amount collected by Company during complete billing months during the period for which payment is to
be made by imposing a surcharge equal to the designated franchise fee for the applicable customer
classification in all customer billings for electric service in each class. The payment shall be due the last
business day of the month following the period for which the payment is made. The franchise fee may
be changed by ordinance from time to time; however, each change shall meet the same notice
requirements and not occur more often than annually and no change shall require a collection from any
customer for electric service in excess of the amounts specifically permitted by this Ordinance. The time
and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise
fee shall be payable by Company if Company is legally unable to first collect an amount equal to the
franchise fee from its customers in each applicable class of customers by imposing a surcharge in
Company’s applicable rates for electric service. Company may pay the City the fee based upon the
surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of
erroneous billings. Company agrees to make its records available for inspection by the City at
reasonable times provided that the City and its designated representative agree in writing not to disclose
any information which would indicate the amount paid by any identifiable customer or customers or any
other information regarding identified customers.
Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission
may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the
cost of the fee.
Subdivision 5. Equivalent Fee Requirement. The separate ordinance imposing the fee shall not
be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee
or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any
other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise
fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by
comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar
customers the percentage of the annual bill represented by the amount collected for franchise fee purposes.
If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to
collect a fee from another energy supplier in contravention of this Subdivision 5, the foregoing conditions
will be waived to the extent of such written consent.
Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be
after its publication and ninety (90) days after the sending of written notice enclosing a copy of this
adopted Ordinance to the Company by certified mail. Collection of the fee shall commence as provided
above. Upon the effective date of this Ordinance, Ordinance No.’s 2003-22 and 2016-09 shall be
repealed and replaced by this Ordinance.
Subdivision 8. Fee Review. The City Council may review this Ordinance from time to time to
determine whether to continue, terminate or modify the fee. If the Council deems it to be in the City’s
3
best interest to continue the fee in its current form, no Council action is necessary. If the Council deems
it to be in the City’s best interest to terminate or modify the fee, the Council shall give Compa ny at least
ninety (90) days written notice prior to the proposed change. Subject to the City’s rights under
Minnesota law, the City shall obtain the consent of Company to any proposed increase in the fee but may
unilaterally decrease or terminate the fee.
Subdivision 9. Fee Schedule. The franchise fee shall be in an amount determined by applying
the following schedule per customer premise/per month based on service to retail customers within the
City:
Class Amount per month per premises
Residential $1.60 per month
Small C & I – Non-Demand $4.00 per month
Small C & I – Demand $22.00 per month
Large C & I $100.00 per month
Public Street Lighting $13.00 per month
Municipal Pumping – Non-Demand $13.00 per month
Municipal Pumping – Demand $13.00 per month
Franchise fees are submitted to the City on a quarterly basis as follows:
January – March collections due by April 30.
April – June collections due by July 31.
July – September collections due by October 31.
October – December collections due by January 31.
Adopted this ____ day of __________________ 2023.
April Graves, Mayor
ATTEST:
Barb Suciu, City Clerk
Date of Publication:____________________
E conomic Development
Authority
City Hall Council Chambers
A ugust 28, 2023
AGE NDA
1.Call to Order
The City Council requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full C ity Counc il packet, including E D A (E conomic Development Authority ), is
available to the public. The packet ring binder is located at the entrance of the council
chambers.
2.Roll Call
3.Approval of Consent Agenda
The following items are considered to be routine by the Economic Development Authority (E D A)
and will been acted by one motion. There will be no separate disc ussion of these items unless a
Commissioner so requests, in whic h event the item will be removed from the c onsent agenda
and considered at the end of Commission Consideration I tems.
a.Approval of Minutes
- Motion to approve the June 26, 2023, minutes.
4.Commission Consideration Items
a.Resolution A pproving the Micro-Facade Grant Award to B rothers Taqueria
- Motion to approve a resolution approving the award of grants under the
Micro-Grant Facade Program.
b.Resolution A pproving the Micro-Facade Grant Award to Que Viet
- Motion to approve a resolution approving the award of grants under the
Micro-Grant Facade Program.
5.Adjournment
Economic Development Authority
DAT E:8/28/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Reggie Edw ards , D eputy City Manager
BY:Barb S uciu, C ity C lerk
S U B J E C T:A pproval of Minutes
Requested Council A con:
- Moon to approve the J une 26, 2023, minutes.
B ackground:
B udget I ssues:
N/A
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
AT TA C H M E N TS :
D escrip/on U pload D ate Type
6.26 E DA Minutes 8/23/2023 Backup M aterial
7/10/23 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
JULY 10, 2023
CITY HALL – COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to
order by President April Graves at 8:01 p.m.
2. ROLL CALL
President April Graves and Commissioners Marquita Butler, Kris Lawrence-Anderson, Dan
Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Community
Development Director Jesse Anderson, Assistant City Manager/City Clerk Barb Suciu, and City
Attorney Jason Hill.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Lawrence-Anderson moved and Commissioner Jerzak seconded to approve the
Agenda and Consent Agenda.
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. APPROVAL OF A TIF ASSISTANCE AGREEMENT BETWEEN THE EDA AND
WANGSTAD COMMONS LLLP
Executive Director Reggie Edwards introduced the item and invited Community Development
Director Jesse Anderson to continue the staff presentation.
Community Development Director Jesse Anderson explained since 2019, The EDA has been
working with JO Companies to develop four EDA-owned parcels at 61st Avenue N and Brooklyn
Boulevard. The proposed project includes a 54-unit low-income housing tax credit (LIHTC) rental
project. In June of 2022, the EDA entered into an option agreement with the developer to sell the
EDA-owned land and approved a resolution of support to provide Tax Increment Financing (TIF)
for the project.
Mr. Anderson noted on May 8, 2023, the City Council and EDA approved the creation of a new
7/10/23 -2- DRAFT
TIF district and held a public hearing regarding the sale of land owned by the EDA for the
project. At the time, it was noted that one more step in the process was necessary to formally
grant TIF assistance for the project. That last step is the approval of a TIF Assistance Agreement
between the EDA and Wangstad Commons LLLP (JO Companies).
Jason Aarsvold, EDA Project Manager with Ehlers, explained the land will be transferred to
Wangstad Commons for $1. Both contributions are necessary for the project’s financial
feasibility. Based on the revised property tax class rate, Ehlers recalculated the PAYGO note
amount by assuming the project still receives 17 years of TIF assistance. This calculation results
in a revised PAYGO TIF note amount of $248,000 for the project paid from 90% of increment in
the district, which was reduced by a recent 4d legislative change. The note will include interest at
six percent.
Mr. Aarsvold pointed out the TIF agreement includes conveyance of EDA-owned land for $1, the
developer will maintain income requirements of 30%, 50%, and 60% area median income
(AMI), and a look-back provision. As always, the developer must obtain all necessary City
approval and pay City fees.
Mr. Aarsvold added the developer will also pay for the legal and financial advisory costs
associated with the TIF portion of the transaction. The developer cannot transfer the property to
an unrelated entity without the consent of the EDA, and the developer will pay property taxes
and maintain customary insurance.
Commissioner Jerzak asked if the 4d legislative change could be impacted in the future by a
change in political leadership. Mr. Aarsvold stated the City is protecting itself in the event of a
reduction, and it would be the responsibility of the developer.
Commissioner Lawrence-Anderson asked for the breakdown of units by AMI. Johnny Opara,
President and CEO of JO Companies explained that 16 units will be at 30% AMI while the rest
of the units will be between 50 and 60% AMI.
President Graves asked if JO Companies has any plans to sell the building. Mr. Opara stated any
building JO Companies develops with a long-term focus and will retain the building for
management.
President Graves asked why the 4d legislation change occurred. Mr. Aarsvold stated the request
came from the affordable housing community. It has taken a number of years to be put into place.
Commissioner Butler moved and Commissioner Jerzak seconded to adopt the Resolution
Authorizing a TIF Assistance Agreement and Related Documents.
Motion passed unanimously.
7/10/23 -3- DRAFT
5. ADJOURNMENT
Commissioner Butler moved and Commissioner Jerzak seconded the adjournment of the
Economic Development Authority meeting at 8:13 p.m.
Motion passed unanimously.
Economic Development Authority
DAT E:8/28/2023
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:Vong Thao
S U B J E C T:Res olu,on A pproving the M icro-Facade G rant A w ard to Brothers Taqueria
Requested Council A con:
- Moon to approve a resoluon approving the aw ard of grants under the Micro-G rant Facade P rogram.
B ackground:
O n A pril 26, the Brooklyn C enter Economic D evelopment A uthority approved the crea,on of a M icro-grant
Facade I mprovement P rogram, and provided $50,000 in E DA funds to support the program.
A s part of the 2021 budget, the Brooklyn C enter C ity C ouncil iden,fied a s trategic Council P riority to
promote beau,fica,on and cleanlines s . The goal of the strategy w as to put into effect new programs and
approaches to improve the look and quality of the City. O n of the ac,vi,es under this priority that w as
iden,fied was to explore and implement a program to incen,vize bus inesses to inves t in bea,fica,on
s trategies. The E DA budget included $50,000 to fund such a program.
The purpos e of the Micro-grant Façade I mprovement P rogram is to s upport busines s es with exterior
improvements , beau,fica,on and repairs. The inten,on is to encourage and as s is t bus inesses w ith
improving the exterior of proper,es w hile improving the public realm, beau,fying bus inesses , improving
public s afety and maintaining cleanliness. The P rogram Policies and P rocedures are a@ached to this report.
G rant proceeds w ould be able to be us ed for the following purposes :
I nstalla,on, repair or replacement of exterior s ignage including, monument signs on the property and
w all signs affixed to the building
Exterior ligh,ng
Exterior pain,ng
Repair and /or replacement of w indow s and exterior doors
Mas onry repairs and tuck poin,ng
A rt installa,ons and wall murals, w ith an approved maintenance plan
Canopy and/or awning ins talla,on or repair
Pedes trian improvements , which improve access for pers ons w ith dis abili,es.
Permanent site improvements (w alks , pa,os, courts)
Trash and mechanical enclosures
Parking area repairs and improvements (including the addi,on of bicycle facili,es )
S ecurity cameras , as approved by the Brooklyn Center Police D epartment
Fences
Materials for any of the above iden,fied items
I n 2023, the E DA has s ince received tw o applica,ons, totaling $10,000 of reques ted funds. S taff has
review ed the applica,ons bas ed on the informa,on provided. A ll of the applica,ons meet the minimum
requirements for program eligibility.
The A pplicant is listed below
Brothers Taqueria- New S ignage
B udget I ssues:
E DA has allocated $50,000 budget to the Micro-G rant Facade I mprovement P rogram for 2023. A full
approval of all 2023 funding requests would result in a total cost of $10,000. W ith the $10,000 of grant
funding owners' equity of $45,000 w ill go into the projects. Through every grant dollar funded there are
Four D ollars and F iHy C ents of owners' equity being reinvested back into commercial proper,es in City of
Brooklyn Center.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
Busines s es aw arded are cons idered small busines s es (under 25 employees ), and/or is ow ned by a woman
or person of color.
S trategic Priories and Values:
AT TA C H M E N TS :
D escrip,on U pload D ate Type
Res olu,on Brothers Taqueria 8/24/2023 Backup M aterial
Brothers Taqueria A greement 8/24/2023 Backup M aterial
THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
RESOLUTION NO. 2023-__
RESOLUTION APPROVING THE AWARD OF GRANTS UNDER THE MICRO-GRANT
FACADE PROGRAM
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the
"Authority") was created pursuant to Minnesota Statutes, sections 469. 090 through 469 .1082
to exercise its powers to promote and protect economic development within the City of Brooklyn
Center ("City"); and
WHEREAS, on April 26, 2021, the Authority exercised its authority to establish the
Micro-Grant Fa9ade Program ("Program") to promote local businesses and economic
development by encouraging the improvement of business facades within the City; and
WHEREAS, businesses have applied for grants under the Program and the Authority
desires to award the grants for use in accordance with the guidelines established for the
Program and the terms and conditions of the agreement established for the Program, which is
attached hereto as Exhibit A ("Grant Agreement").
NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of
Brooklyn Center, Minnesota Board of Commissioners ("Board") as follows:
1. The Board hereby awards $5,000 in grants under the Program to the following
businesses and in the following amounts:
Business Grant Amounts
Brothers Taqueria $5,000
2. The businesses shall utilize the grant funds in accordance with the Program guidelines
and the Grant Agreement.
3. Staff are hereby authorized to enter into Grant Agreements with the businesses in
substantially the form as attached, issue the grants, and to otherwise take such actions
as may be necessary to carry out the Program.
The foregoing resolution was introduced by EDA Commissioner and duly seconded by
EDA Commissioner . The following commissioners voted in favor of the resolution: . The
following voted against: . The following were absent: . Whereupon the resolution was adopted.
ADOPTED: August 28, 2023
President Executive Director
ATTEST:
City Clerk
Economic Development Authority
DAT E:8/28/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:Vong Thao
S U B J E C T:Res olu.on A pproving the M icro-Facade G rant A w ard to Q ue V iet
Requested Council A con:
- Moon to approve a resoluon approving the aw ard of grants under the Micro-G rant Facade P rogram.
B ackground:
O n A pril 26, the Brooklyn C enter Economic D evelopment A uthority approved the crea.on of a M icro-grant
Facade I mprovement P rogram, and provided $50,000 in E DA funds to support the program.
A s part of the 2021 budget, the Brooklyn C enter C ity C ouncil iden.fied a s trategic Council P riority to
promote beau.fica.on and cleanlines s . The goal of the strategy w as to put into effect new programs and
approaches to improve the look and quality of the City. O n of the ac.vi.es under this priority that w as
iden.fied was to explore and implement a program to incen.vize bus inesses to inves t in bea.fica.on
s trategies. The E DA budget included $50,000 to fund such a program.
The purpos e of the Micro-grant Façade I mprovement P rogram is to s upport busines s es with exterior
improvements , beau.fica.on and repairs. The inten.on is to encourage and as s is t bus inesses w ith
improving the exterior of proper.es w hile improving the public realm, beau.fying bus inesses , improving
public s afety and maintaining cleanliness. The P rogram Policies and P rocedures are a@ached to this report.
G rant proceeds w ould be able to be us ed for the following purposes :
I nstalla.on, repair or replacement of exterior s ignage including, monument signs on the property and
w all signs affixed to the building
Exterior ligh.ng
Exterior pain.ng
Repair and /or replacement of w indow s and exterior doors
Mas onry repairs and tuck poin.ng
A rt installa.ons and wall murals, w ith an approved maintenance plan
Canopy and/or awning ins talla.on or repair
Pedes trian improvements , which improve access for pers ons w ith dis abili.es.
Permanent site improvements (w alks , pa.os, courts)
Trash and mechanical enclosures
Parking area repairs and improvements (including the addi.on of bicycle facili.es )
S ecurity cameras , as approved by the Brooklyn Center Police D epartment
Fences
Materials for any of the above iden.fied items
I n 2023, the E DA has s ince received tw o applica.ons, totaling $10,000 of reques ted funds. S taff has
review ed the applica.ons bas ed on the informa.on provided. A ll of the applica.ons meet the minimum
requirements for program eligibility.
The A pplicant is listed below
Q ue V iet- Parking L ot improvement
B udget I ssues:
E DA has allocated $50,000 budget to the Micro-G rant Facade I mprovement P rogram for 2023. A full
approval of all 2023 funding requests would result in a total cost of $10,000. W ith the $10,000 of grant
funding owners' equity of $45,000 w ill go into the projects. Through every grant dollar funded there are
Four D ollars and F iIy C ents of owners' equity being reinvested back into commercial proper.es in City of
Brooklyn Center.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
Busines s es aw arded are cons idered small busines s es (under 25 employees ), and/or is ow ned by a woman
or person of color.
S trategic Priories and Values:
AT TA C H M E N TS :
D escrip.on U pload D ate Type
Res olu.on Q ue V iet 8/24/2023 Backup M aterial
A greement Q ue V iet 8/24/2023 Backup M aterial
THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
RESOLUTION NO. 2023-__
RESOLUTION APPROVING THE AWARD OF GRANTS UNDER THE MICRO-GRANT
FACADE PROGRAM
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the
"Authority") was created pursuant to Minnesota Statutes, sections 469. 090 through 469 .1082
to exercise its powers to promote and protect economic development within the City of Brooklyn
Center ("City"); and
WHEREAS, on April 26, 2021, the Authority exercised its authority to establish the
Micro-Grant Fa9ade Program ("Program") to promote local businesses and economic
development by encouraging the improvement of business facades within the City; and
WHEREAS, businesses have applied for grants under the Program and the Authority
desires to award the grants for use in accordance with the guidelines established for the
Program and the terms and conditions of the agreement established for the Program, which is
attached hereto as Exhibit A ("Grant Agreement").
NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of
Brooklyn Center, Minnesota Board of Commissioners ("Board") as follows:
1. The Board hereby awards $5,000 in grants under the Program to the following
businesses and in the following amounts:
Business Grant Amounts
Que Viet $5,000
2. The business shall utilize the grant funds in accordance with the Program guidelines and
the Grant Agreement.
3. Staff are hereby authorized to enter into Grant Agreements with the businesses in
substantially the form as attached, issue the grants, and to otherwise take such actions
as may be necessary to carry out the Program.
The foregoing resolution was introduced by EDA Commissioner and duly seconded by
EDA Commissioner . The following commissioners voted in favor of the resolution: . The
following voted against: . The following were absent: . Whereupon the resolution was adopted.
ADOPTED: August 28, 2023
President Executive Director
ATTEST:
City Clerk
Council/E D A Work
S ession
City Hall Council Chambers
A ugust 28, 2023
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.Concept Review for 6010 E arle B rown Drive and Discussion on P otential
Changes to MX -B District to Allow for P laces of Religious A ssembly.
- Consider a concept proposal for 6010 Earle Brown Drive, which would
ultimately require an ordinance amendment to the MX-B (Business Mixed-
Use) District to allow for pl aces of religious assembly, and provide
feedback.
2.Review and Discussion of a Community B enefits Agreement Template and
Equity Development Framework, Draft Appendices to the Opportunity S ite
Master P lan.
- Review and provide feedback on two draft appendices to the Opportunity
Site Master Plan – a Community Benefits Agreement Template, and Equity
Development Framework.
3.Resolution A mendment - The Daunte Wright and Kobe Dimock-Heisler
Community S afety and Violence Prevention A ct
T he City Council deliberate and direct staff regarding amendment of
Resolution No. 2021-73 - The Daunte Wright and Kobe Dimock-Heisler
Community S afety and Violence Prevention Act.
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
Grants: Revenues & E xpenses
Purchasing Policy
Commercial Vacant Building Fees
I nterveners I mpact
Revisit Resolution 2021-73
C ouncil/E DA Work Session
DAT E:8/28/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:G inny M cI ntosh, City P lanner and Zoning A dminis trator
S U B J E C T:C oncept Review for 6010 Earle Brown D rive and D iscussion on Poten3al Changes to M X-B
D is trict to A llow for P laces of Religious A ssembly.
Requested Council A con:
- C onsider a concept proposal for 6010 Earle B rown D rive, w hich would ul mately require an ordinance
amendment to the M X-B (Business M ixed-U se) D istrict to allow for places of r eligious assembly, and
provide feedback.
B ackground:
Trinity I nterna3onal Fellowship, a non-denomina3onal minis try bas ed out of L iberia, has expr es s ed interest
in pur chas ing 6 0 1 0 Earle B row n D riv e, w hich has long been home to MinM or I ndus tr ies . T he S ubject
P roperty was originally approv ed for use as a bank and drive-thru in 1988, but w as purchased by Minmor
L L C in 2008. The S ubject P roperty has been marketed on and off for sale or leas e for a few years now.
City s taff and the architect working w ith Trinity I nterna3onal Fellow s hip held numerous conversa3ons
s urrounding the intended use of the S ubject P roperty and poten3 al impacts to the ov erarching M X-B
D istrict. C ity s taff outlined numerous concerns and cons idera3ons as part of thes e discussions. A s C ity staff
determined there w as no path for w ar d for the us e at the S ubject P roperty under cur rent C ity C ode
provis ions , the architect, in convers a3on w ith Trinity I nterna3 onal Fellow s hip, r eques ted City C ouncil weigh
in on the propos al in the form of a concept review w ork s ession.
C oncept Review for 6010 Earle B rown D rive
The concept review process is an oppor tunity for the C ity C ouncil to review a development concept pr ior to
a for mal propos al from an applicant, and prov ide comments, as k ques 3ons, and indicate whether or not the
City would gener ally be open to the pr oject. C oncept review s als o pr ovide ins ight to C ity s taff and the
applicant as to the City Council’s level of interest, and any specific concerns related to a project.
A concept r ev iew is cons ider ed adv is ory and is non-binding to the C ity and the applicant. No for mal ac3on
can be taken at a w or k s es s ion, and the C ouncil is not being as ked to vote on the pr opos al. I f the applicant
choos es to s ubmit a for mal applica3 on to the C ity to proceed, it w ould be s ubject to the full City review
proces s , as w ith any other applica3on.
The S ubj ect P roperty located at 6010 Earle Brown D riv e w as originally appr oved under P lanning
Commission A pplica3on No. 88019 as an approximately 20,000-square foot C ity-C ounty Federal Credit
Union loca3 on and drive-thru. At the 3me of approv al, the S ubject P roperty was zoned C2 (C ommerce)
D istrict—“financial ins 3tu3 ons ” and “office buildings ” were considered permiHed uses within this D istrict.
The s taff report on file contemplated the parking requirements under this applica3 on as s uming a mix of
retail and office us e for a total of 118 on-s ite parking spaces.
I n 2008, M in Mor I ndus tries purchas ed the S ubject P r oper ty. MinM or I ndustries pr ovides print, design,
and manufacturing s ervices and primarily w orks in the prin3ng, packaging, and promo3ons industries under
its numerous companies (i.e. M ello S mello, O lymPak, K idcen3v es, M is s ion Nutri3on, and S afety S top).
G iven MinM or ’s reduced office pres ence at this loca3 on, the S ubj ect P roperty has been for sale or lease off
and on for a few years now.
Trinity I nter na3 onal Fellow s hip prov ided a narra3ve (aHached), w hich notes an exis 3ng members hip of
between 180 to 250 members s ince opening their local chapter in 2018. The narra3 ve further indicates
plans to purchas e the S ubject P roperty for use as a, “s anctuar y for s ervices , gathering and mee3 ng s paces ,
s paces for youth minis tr y, a food shelf to as s is t thos e in need, and offices for minis try s taff and community
outreach.” A lthough there w ere convers a3ons about providing on-s ite daycare, no formal reques t w as
outlined in the narra3 ve. F urther discussions with C ity s taff outline plans to expand the exis 3ng building
tow ards H ighway 100 to allow for future membership growth. A mul3-phas e expans ion plan is included
w ith the memo as reference and further breaks down the poten3al usage of the building.
City s taff rev iewed the narra3v e and pr ovided plans, w hich would accommodate an approximately 1,200
s quare foot s anctuary, books tore, food s helf, office space, and gr oup mee3ng rooms as part of an ini3al
P has e I remodel. A s noted, the S ubj ect P roperty was appr oved in 1988 with 118 on-s ite park ing s paces .
A s s uming an as s embly use (1 parking s pace for every 3 s eats /persons), the S ubject P roperty w ould only
accommodate an addi3onal gr ow th of likely less than 100 new member s before minimum parking needs
w ould no longer be met on-s ite.
A s s uming an exis 3ng membership of 250, a minimum of 84 parking s paces w ould be r equir ed—this does
not account for par king needs for church s taff (e.g. book s tore, office s paces , food s helf), other visitors , and
thos e receiv ing poten3al s ervices . T he total building occupant load outlined for the exis ng building today is
noted as 426 occupants. I f City staff calculated parking needs purely off occupant load and as s umed 100%
assembly use (which is not the case), a minimum of 142 on-s ite parking spaces w ould be required to serve
the exis 3ng building, w hich is 24 more parking spaces than are currently available.
The proposed full P hase I I expans ion as pres ented w ould more than double the building occupancy load
from 426 occupants to 928 occupants . A gain, if C ity staff calculated off building occupant load and assumed
100% as s embly use (again, which is not the case), a minimum of 310 on-s ite parking s paces w ould be
required if the building w er e expanded. T he s ubmiHed P has e I I expansion plans again contemplate a
dedicated food s helf, book s tore, pas tor al offices, group mee3ng rooms, a further expanded approximately
5,300-square foot s anctuary with s tage, clas s rooms , and a bas ement dedicated for a childr en’s play area,
nursery, and clas s rooms (e.g. young children, pre-school, toddlers ).
These parking concerns w ere r elayed by C ity s taff w ho noted constraints to the future us e of the property
as envisioned. C ity s taff further inquired on the Northern S tates Power (N S P ) pow erline that appears to run
along the S ubject P roperty and noted that any propos ed plans to expand w ould require addi3onal review
depending on the w idth of the eas ement and any r es tr ic3ons . A lthough ther e are tw o exis 3ng curb cut
acces s points off Earle Brown D rive, City s taff addressed concerns s urrounding ingres s and egress as the
S ubject P roperty is located off the inters ec3on of Earle Brow n D riv e and S ummit D r ive (4-w ay s top) and it is
assumed all traffic would be concentrated at this intersec3on given Earle Brow n D rive is a loop road.
A mendments to M X-B (B usiness M ixed-Use) D istrict | O ther C onsidera&ons
“P laces for Religious A ssembly ” are permiHed through approval of a Condi3 onal Use Permit (C U P ) in the
City ’s R1 (L ow D ensity Residen3al), R 2 (Medium L ow D ens ity Res iden3 al), C (Commerce—S ervice/O ffice),
and I (G eneral I ndus try ) D is tricts. The majority of exis 3ng r eligious as s embly us es are predominantly
located w ithin the C ity ’s R1 D is tricts. O nly one religious as s embly use is located w ithin the I D istrict.
City s taff r ev iewed the C ity ’s U nified D ev elopment O rdinance (C hapter 35) and the only perceived path
forward for Tr inity I nterna3 onal Fellow s hip to purchase the S ubject P roperty and occupy the s pace for
religious as s embly w ould be for the C ity C ouncil to amend the Unified D evelopment O rdinance to allow for
“places for religious as s embly,” as it is currently pr ohibited as a us e in the M X-B D istrict. I n keeping w ith the
other dis tricts, City s taff assumes the path would be via approval of a C ondi3onal Use Permit.
City staff review ed other poten3 al op3ons , s uch as r e-z oning the S ubject P roperty ; however, the pr oper ty is
en3rely s urr ounded by other M X-B D is tr ict-zoned proper3 es . T he M X-C (C ommercial M ixed-U s e) D is trict is
located to the s outh of the S ubj ect P roperty, off S ummit D rive; however, this D is trict also prohibits “places
for religious as s embly ” as a use. The only other alternately zoned proper3 es are located acros s Earle Brown
D rive (i.e. L ux A partments, Ecumen M emory C ar e); however, thes e proper3 es ar e z oned P U D /M ixed
(P lanned Unit D evelopment/M ixed Use) D is trict and w ere s pecifically approved for mul3-family/senior
hous ing uses . “S pot zoning ” a property is generally prohibited.
The majority of the C ity ’s M X-B D istrict is located just north of I nterstates 94/694 and off the intersec3on of
S hingle C r eek Par kw ay and F reew ay Boulevard, although ther e ar e also M X-B zoned proper3es off Earle
Brow n D riv e. City s taff counted a total of 38 pr oper 3es acr os s the C ity that are z oned w ith the M X-B D is trict
designa3on. A lthough s ome proper3es feature mul3-tenant type buildings, other proper3es have
s tandalone buildings . Many of the M X-B proper3es appear to be located off either loop roads (e.g. Earle
Brow n D rive, J ames C ircle North), or cul-de-sacs (67th Avenue North).
The M X-B D is tr ict ’s pur pos e, as outlined in the C ity ’s U nified D ev elopment O r dinance, is to, “accommodate
land for a mix of bus iness and light industrial uses , with allow ances for s uppor 3ng retail/s er vice us es . This
designa3on encour ages redev elopment or development of commercial, office, general bus ines s , and light
indus trial us es in coor dina3 on w ith s uppor3ve r etail/commercial us es tow ar ds encouraging a more dynamic
and connected experience for w orkers . T his land does not plan for res iden3 al uses , but may include limited
live-w ork opportuni3es as establis hed through suppor3ng official controls.”
PermiHed uses within the M X-B D is trict include us es like: medical and health us es, animal hospitals ,
commercial animal establis hments , brewpubs, micro-w ineries, and micro-dis3lleries, office us es, automobile
and truck repair and s er vice s ta3 ons , manufacturing, as s embly, and processing of products , ar3s an
produc3on and s ales , w holes ale trade, and busines s /trade/post-s econdary schools, but not public and
private elementary and s econdary s chools .
A s s embly us es, such as places of religious as s embly, tend to have higher parking demands than other types
of uses , s uch as indus trial, w hich typically hav e low er parking demands r ela3v e to the overall s quare
footage of building, due in part to lower employment densi3 es. For example, “places of religious assembly,”
and other as s embly type uses (e.g. theatres , stadiums, arenas , and dance halls) require, “1 parking s pace for
every three seats/pers ons .” I ndustry and wholes ales us es require a minimum of one (1) s pace for ev ery two
(2) employees bas ed on maximum shiO or one (1) s pace for ev ery 8 0 0 s quare feet of gros s floor area.
Medical and dental clinics , w hich ar e permiHed in the M X-B D is trict, require a minimum of three (3) spaces
for each doctor or den3s t, plus one (1) space for every two (2) employees or one s pace for each 150 s quare
feet of gr os s floor ar ea. O ffice buildings require a minimum of three (3) parking s paces for ev er y 1,000
s quare feet of gross floor area.
D epending on the exis 3ng use, the conv er s ion of a building could als o trigger a “change of use” under the
Building Code, w hich requires addi3onal cons idera3 ons , including but not limited to: ins talla3on of panic
hardw are, fire s epara3on/protec3on measures, or installa3on of an elevator/liO (dependent on
occupancies ).
Policy Considera&ons
The C ity C ouncil is being asked to cons ider a concept proposal for 6010 Earle Brown D rive, w hich w ould
ul3mately require an amendment to the M X-B (Busines s Mixed-Use) D istrict to allow for “places for
religious as s embly,” w hich is currently prohibited w ithin this D istrict.
I ssues for the City Council to consider:
A re ther e aspects of the site lay out, architecture, or form of the presented s ite plan for 6 0 1 0 Earle
Brow n D rive (S ubject P roperty) that are concerning to the C ouncil?
I s the development plan in keeping w ith the City 's 2040 future land us e plan and long-range vision for
the area?
A pproximately 5.02% of the C ity of Brooklyn C enter has a 2040 future land us e des igna3on of
“Busines s M ixed-U s e.” T his does not include approximately 1 5 acres of land located at 1297
S hingle C r eek C r os s ing (For mer S ears property) that was recommended las t y ear for a
recommended comprehensiv e plan amendment re-des igna3on to Bus iness M ixed-Us e, which
w ould bring the total acreage under this designa3on to approximately 5.3%.
D oes the proposed amendment to the M X-B (Busines s M ixed-U s e) D is trict forward the C ity's
s trategic priori3es ?
The City ’s priority of “Res ident Economic S tability ” notes that the, “economic s tability of
res idents is es s en3 al to v ibrant neighborhoods and to retail, r es taurant, and bus ines s grow th.
We w ill lead by suppor 3ng collabor a3 ve efforts of educa3 on, bus ines s , and government
s ectors to improve income opportuni3es for residents .” F urther, the City ’s v alues s tatement of
“O pera3onal Excellence,” notes that the City will, “commit ours elves to deliver quality services
in a cos t effec3ve and efficient manner. We will be good stew ards of the limited res ources made
available to use by the ci3zens w e serve.”
Certain clas s es of property are cons idered “exempt ” and are therefore not s ubj ect to
property taxes . Thes e typically include, but ar e not limited to: religious us es (e.g.
churches /houses of wor s hip), certain ins 3tu3 ons of public charity (e.g. 501(c)(3)
organiza3ons), schools (e.g. public, charter s chools ), cemeteries/burial grounds, and
property us ed for public pur pos es (e.g. C ity H all, F ire S ta3on). I t is important to note
that w hile a property may become “tax exempt,” the burden does not disappear—rather,
it is s hiOed to other tax payers w ithin the C ity.
A lthough there are other factors to consider and the poten3al impacts unk now n at this
3me, in review ing the C ity ’s M X-B proper3 es , it was deter mined that the major ity of M X-
B D is trict proper3es appear to be classified for tax rate purposes as “I ndustrial
P referred” or “C ommercial P referred,” w hich tax at a higher rate than other property
types . D ependent on interes t, ther e could be implica3ons to the overall tax bas e that
w ould need to be accounted for in future City budget years .
B udget I ssues:
None to cons ider at this 3me; however, as noted above, there may be future implica3ons to the overall tax
base in the future.
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Resident Economic S tability, O pera3onal Excellence
AT TA C H M E N TS :
D escrip3on U pload D ate Type
C ity of Brooklyn C enter Zoning M ap - M X-B D is trict 8/22/2023 Backup M aterial
Narra3ve_Trinity I nterna3onal Fellowship 8/22/2023 Backup M aterial
S ite F loor P lans_6010 Earle Brow n D rive 8/22/2023 Backup M aterial
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Legend
City Boundaries
Shoreland Areas
Mississippi River Corridor Critical
Area (MRCCA) Districts
District Description (District Code)
River Neighborhood District
(CA-RN)
Separated from River District
(CA-SR)
Water
Zoning Districts
R1 : Low Density Residential
R2 : Medium Low Density
Residential
R3 : Medium Density
Residential
R4 : Medium High Density
Residential
R5 : High Density Residential
MX-N1 : Neighborhood Mixed-
Use
MX-N2 : Neighborhood Mixed-
Use
MX-B : Business Mixed Use
I : General Industrial
MX-C : Commercial Mixed-Use
C : Commerce - Service/Office
TOD : Transit Oriented
Development
O : Public Open Space
PUD/C1 : Planned Unit
Development/Commercial 1
PUD/C2 : Planned Unit
Development/Commercial 2
PUD/C1A : Planned Unit
Development/Office-Service
PUD/I1 : Planned Unit
Development/Industrial 1
PUD/R1 : Planned Unit
Development/Residential 1
PUD/R3 : Planned Unit
Development/Residential 3
PUD/MX-C : Planned Unit
Development/Commercial
Mixed-Use
PUD/MX-B : Planned Unit
Development/Business Mixed
Use
PUDMIXED : Planned Unit
Development/Mixed
PUD/TOD : Planned Unit
Development/Transit Oriented
Development
0 1
Miles
Source: MnGeo, Hennepin County
!I
Brooklyn Center Zoning Map
Brooklyn Center, MN
Shoreland and MRCCA Areas
March 2023
Trinity International Fellowship, a non-denominational ministry, has made a remarkable impact
since its establishment in 1999. With its mega central headquarters in Monrovia, Liberia, and
branches spanning across three different nations, the ministry has witnessed continuous growth,
boasting an impressive membership of over 12,000 active individuals. In 2018, a new chapter
began as Trinity International Fellowship planted its roots in Brooklyn Center, Minnesota, where
it quickly gained traction and now serves a thriving community of 180 to 250 members.
The ministry's commitment to serving the community is evident as it seeks to expand its reach by
purchasing the property located at 6010 Earle Brown Drive. This campus will consist of a
Sanctuary for services, gathering and meeting spaces, spaces for youth ministry, a food shelf to
assist those in need, and offices for ministry staff and community outreach. With the goal of
aiding the poor, assisting the homeless, and promoting community development, Trinity
International Fellowship aims to make a lasting impact through the teachings of Jesus Christ.
Plans are underway to invest millions of dollars in constructing a facility that aligns with the
architectural vision and gains approval from the city council, further solidifying the ministry's
commitment to their mission.
One of the driving factors behind choosing Brooklyn Center as the ministry's location is its
vibrant diversity. Trinity International Fellowship thrives in the multi-cultural atmosphere,
embracing the richness that comes from various backgrounds and traditions. Since their arrival in
2018, the congregants have been actively involved in fellowship, helping those in need and
distributing food and clothing. Led by the dedicated Senior Pastor, Nyenatee S. Davis, who is not
only a minister but also a doctorate student at the University of Minnesota and a successful
entrepreneur, the ministry's impact extends beyond the Sunday sermons.
Trinity International Fellowship stands as a beacon of light, radiating passion and purpose. Their
teachings encompass all aspects of life, empowering believers to apply the principles of the
Gospel and effect societal change. With a deep-rooted desire to witness transformation and
impact, the ministry equips its members with the necessary tools to delve into the Word of God,
fostering profound understanding. Their success is not measured solely by numbers, but by the
countless souls won through their unwavering dedication. Trinity International Fellowship
humbly acknowledges that all the glory belongs to God alone, as it continues to shine brightly in
its pursuit of sharing the Gospel.
470 SF
mech
134 SF
stair 'c'
210 SF
electrical
47 SF
elevator
equip 59 SF
elevator
420 SF
computer
room
40 SF
men's
40 SF
women's
714 SF
corridor
285 SF
mockup
space
681 SF
art dept
97 SF
women's
lockers
120 SF
men's
lockers
115 SF
men's
110 SF
women's
280 SF
vault
144 SF
stair 'b'
509 SF
break
room
22 SF
janitor
59 SF
elevator249 SF
office 'a'
116 SF
stair 'c'
360 SF
vestibule
719 SF
lobby
225 SF
office 'b'
151 SF
office 'c'
153 SF
stair 'b'
129 SF
storage
280 SF
vault
222 SF
office d'203 SF
work
364 SF
tellers
284 SF
work
room
1130 SF
reception
63 SF
Elevator
435 SF
Stair 'A' &
Landing
427 SF
Mech
75 SF
Women's
73 SF
Men's
184 SF
Corridor
155 SF
Stair 'B'
16 SF
Closet
131 SF
Office 'D'
119 SF
Office 'E'
128 SF
Office 'B'
188 SF
Office 'C'
2516 SF
Open
Office
6' - 6"
55 SF
Storage
157 SF
Work
Station
16 SF
storage
'a'25 SF
Kitchenette
63 SF
Elevator
463 SF
Stair 'A' &
Landing
101 SF
women's
110 SF
men's 207 SF
office 'd'
199 SF
office 'f'394 SF
president
223 SF
office 'e'
155 SF
stair 'b'
173 SF
office 'c'
319 SF
reception
8 SF
closet
556 SF
board338 SF
office 'b'159 SF
office 'a'
4 SF
Mech
335 SF
corridor
846 SF
open
office
6701 W 23RD STREET
ST. LOUIS PARK, MN 555426
(763) 541-9552
FAX: (763) 541-9857
www.vanmanab.com
COPYRIGHT C
ISSUE DATE:
2021
SIGNATURE:
#DATE DESCRIPTION
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF
THE STATE OF MINNESOTA
DATE: 8.16.21 REGISTRATION #55239
PRINT NAME: HOLLY BURLEY
NOT FOR
CONSTRUCTION
EXISTING PLANS
A2142
G-100
TRINITY
INTERNATIONAL
6010 Earle Brown Drive
Minneapolis, MN 55430
Remodel:
SCALE: 1" = 10'-0"G-100
1 EXISTING - BASEMENT
SCALE: 1" = 10'-0"G-100
2 EXISTING - MAIN FLOOR
SCALE: 1" = 10'-0"G-100
3 EXISTING SECOND FLOOR
SCALE: 1" = 10'-0"G-100
4 EXISTING THIRD FLOOR
UP
UP
CODE SUMMARY ANALYSIS
Total Allowable Area (per story)35,625 SF
Proposed Additional Floor Area
2021 MINNESOTA STATE BUILDING CODE AND 2020 MINNESOTA ACCESSIBILITY CODE
N/A
Total Floor Area
Total Existing Building Floor Area
CHAPTER 6 - TYPES OF CONSTRUCTION
SECTION 602 Construction Classification
Type II-B (Section 602.2)
Table 601 - Fire-Resistance Rating Requirements for Building Elements (hours)
Structural Frame 0 HR
Bearing Walls 0 HR
Nonbearing Walls and Partitions 0 HR
Floor Construction 0 HR
Roof Construction 0 HR
CHAPTER 3 - USE AND OCCUPANCY CLASSIFICATION
SECTION 306 - Assembly Group A-3 (Place of Religious Worship)
CHAPTER 4 - SPECIAL DETAILED REQUIREMENTS
SECTION 410.5.3.4 - Technical Production Areas: Stairways are permitted exits
CHAPTER 5 - GENERAL BUILDING HEIGHTS AND AREAS
SECTION 503 General Building Height and Area Limitations
Construction Type: II-B
Occupancy Group: A-3
Sprinkled
Table 504.3 and 504.4 Allowable Height and Stories = 75' (3 stories)
Table 506.2 Allowable Area = 35,625 sf
CHAPTER 8 - INTERIOR FINISHES
TABLE 803.13 INTERIOR WALL AND CEILING FINISH REQUIREMENTS
Corridors Class B
Exit Access Class B
Rooms and Enclosed spaces Class C
Class C = Flame spread index 76-200 Class B = Flame spread index 26-75
= Smoke developed index 0-450 = smoke developed index 0-450
CHAPTER 10 - MEAN OF EGRESS
SECTION 1004 OCCUPANT LOAD
1004.1 Design Occupant Load
Table 1004.5 Maximum Floor Area Allowances per Occupant
Assembly without fixed seats
-Concentrated (chairs only - not fixed) = 7 net
-Unconcentrated (tables & chairs, meeting & stage) = 15 net
Business Areas, Kitchenette = 150 gross
Educational - Classroom Areas/Sound Booth = 20 net
Accessory storage/mechanical areas = 300 gross
Educational - Classroom Areas/ Sound Booth = 20 net
SECTION 1005 Means of Egress Sizing
Table 1005.3.1 & 1005.3.2 Other egress components (With Sprinkler System)
Exception: Building includes Automatic Sprinkler System and
Emergency Voice/Alarm communication system.
Inches per occupant = 0.15 @ Egress Components (Doors)
Inches per occupant = 0.30 @ Stairways
SECTION 1006 Number of Exits and Exit Access Doorways
1006.2 Exit or exit access doorways required:
2 exits required when occupant load exceeds 49
426 Total Occupants
Table 1006.2.1 Common Path of Egress Travel: Shall not excced 75 feet
SECTION 1017 Exit Access Travel Distance
Table 1017.2 Exit Access Travel Distance:
A Occupancy, maximum travel distance = 250'-0"
SECTION 1018 Aisles
1018.2.1 Aisles and aisle accessways
Plan designed to comply with Section 1029.
SECTION 1029 Assembly
1029.2 Assembly main exit.
Group A Occupancies that have an occupant load of greater than 300 shall
be provided with a main exit. The main exit shall be sufficient width to
accommodate not less than one-half the occupant load, but such width shall
not be less than the total required width of all means of egress leading to the exit.
(See 1/G-101 to show number of occupants exiting the Assembly space)
1029.8 Common path of egress travel
The common path of egress travel shall not exceed 30 feet from any seat
to a point where an occupant has a choice of two paths of egress travel to two exits.
1029.8.1 Path through adjacent row
Where one of the two paths of travel is across the aisle through a row of seats to another
aisle, there shall be not more than 24 seats between the two aisles, and the minimum clear
width between rows for the row between the two aisles shall be 12 inches plus 0.6 inch for
each additional seat above seven in the row between aisles.
Note: All elevated seating to have fixed seating with automatic self rising seats.
Note: 22" CLEAR is provided for all aisles in the elevated seating area when the
seat is the raised position.
ALLOWABLE AREA:
ProposedAllowed
A = Tabular Area per story in accordance with Table 506 28,500 SF
I = Frontage Increase per Section 506.2
0.75
A = A + NS x I a t f
t
f
I = F/P - 0.25 W/30 (F=352; P=352; W=30)f
I = 352/352 - 0.25 30/30= 0.75f
- Based on Minnesota Building Code 2020 Table 506.2
CHAPTER 9 - FIRE PROTECTION SYSTEMS
SECTION 903 Automatic Sprinkler System
* Existing system to Remain
SECTION 906 Portable Fire Extinguishers
906.3 Portable Fire Extinguishers
Semi-Recessed fire extinguisher cabinets provided.
Building owner to furnish and maintain extinguishers.
- Required maximum travel distance not to exceed 75'-0"
(see plan for proposed locations)
SECTION 907 Fire Alarm System
*Provided in accordance with 907.2.1
NS = Tabular allowable area factor in accordance with Table 506.2 for
nonsprinklered building (regardless of whether the building is sprinklered.
9,500 SF
22,920 SF
22,920 SF
1029.9.1 Minimum aisle width
1. 48" for aisle stairs having seating on each side.
2. 36" for aisles having seating on only one side.
3. 23" between an aisle stair handrail or guard and seating where the aisle is
subdivided by a handrail.
1029.17.3 Sightline-constrained guard heights
A minimum height of 26" shall be provided where the floor elevation is more than
30" above the floor below.
PLUMBING FIXTURE CALCULATIONS
MINNESOTA ACCESSIBILITY CODE 2020
CHAPTER 29 - PLUMBING SYSTEMS
PLUMBING FIXTURE COUNT:
- 2020 International Building Code (Table 2902.1)
426 TOTAL OCCUPANTS: 213 Male & 213 Female
WATER CLOSETS REQUIRED:
MALE = 1 Water Closet per 150 Occupants
213 Male Occupants = 2 Water Closets Required
7 Water Closets Provided
(4 toilets and 3 urinals)
FEMALE = 1 Water Closet per 65 Occupants
213 Female Occupants = 4 Water Closets Required
8 Water Closets Provided
LAVATORIES REQUIRED:
Occupancy A-3
"Places of Worship" = 1 per 200
213 Males = 2 Lavatories Required,
5 Lavatories Provided
213 Females = 2 Lavatories Required,
5 Lavatories Provided
DRINKING FOUNTAINS REQUIRED:
1 Drinking Fountain Required per 1,000
1 Drinking Fountains Required
1 Dual-Ht Drinking Fountain Provided w/ bottle filler
1 Childrens Height Drinking Fountain Provided
OTHER:
1 Service Sink Required, 1 Service Sinks Provided
SECTION 1105 - ACCESSIBLE ENTRANCES
1105.1 Public Entrances
At least 60% of all public entrances shall be accessible - this is provided
SECTION 1106 - PARKING AND PASSENGER LOADING FACILITIES
Table 1106.1 Accessible Parking Spaces
Proposed work is restricted to interior space
118 parking stalls proved
SECTION 1108 - SPECIAL OCCUPANCIES
Table 1108.2.2.1 Accessible Wheelchair spaces
6 Required
6 Provided
1108.2.3 Companion seat - Provided as required
22,920 SF
1 SEMI-RECESSED FIRE EXTINGUISHER CABINET
LOCATION, VERIFY LOCATION WITH LOCAL FIRE
MARSHAL. OWNER TO PROVIDE AND SERVICE
PORTABLE FIRE EXTINGUISHER. SEE DETAIL 12/A-401
2 DRINKING FOUNTAIN (DUAL HEIGHT)
SEE DETAIL 18/A-403
3 BARRIER-FREE TOILET ROOM
4
FIRE DEPARTMENT KNOX BOX.
INSTALL 5'-0" AFF - VERIFY LOCATION W/
CITY OF MINNETONKA
5
JANITOR SINK
6
7
8
SPRINKLER RISER ROOM
FIRE DEPARTMENT CONNECTION -
HORN & STROBE ABOVE
KEYNOTES:
MAX. OCCUPANCY CODE SIGNAGE
AS REQ'D BY CODE
CODE SYMBOL LEGEND:
ROOM FLOOR AREA (SF)
OCCUPANT LOAD FACTOR
OCCUPANT LOAD
1,000
15
67
OCCUPANTS EXITING
REQ'D WIDTH
DOOR WIDTH PROVIDED
1 HOUR FIRE BARRIER
OCCUPANTS EXITING THIS AREA104
179
26.85"
33"
MEN'S
B16
WOMEN'S
B15
473 SF
2
300 SF
IT
#B17
ELEV
B0
50 SF
1
300 SF
ELEV EQUIP
#B2
235 SF
1
300 SF
ELEC
#B18
STAIR 'C'
B1
414 SF
2
300 SF
MECH
#B3
323 SF
3
150 SF
OFFICE
#B4A
296 SF
1
300 SF
VAULT STORAGE
#B5
748 SF
5
150 SF
OFFICE
#B4B
590 SF
4
150 SF
LUNCH
#B7
25 SF
1
300 SF
JAN
#B8
WOMEN'S
LOCKERS
B12
MEN'S
LOCKERS
B10
MEN'S
B9
WOMEN'S
B11
STAIR 'A'
B27
CORRIDOR
B14
BASEMENT FLOOR OCCUPANTS: 20
426 TOTAL OCCUPANTS
*No proposed work on this floor
Worship
Circulation
Education
Administration
Multi-Purpose
Utility
59 SF
elev
360 SF
vest
127 SF
stair 'c'
2225 SF
149
15 SF
fellowship/reception
225 SF
2
150 SF
small group
151 SF
2
150 SF
security
129 SF
1
300 SF
storage
222 SF
2
150 SF
pastoral office
203 SF
2
150 SF
pastoral office
284 SF
1
500 SF
food shelf
249 SF
3
100 SF
book store
177 SF
stair 'b'
280 SF
1
300 SF
storage
MAIN FLOOR OCCUPANTS: 164
426 TOTAL OCCUPANTS
213
32"
72"
213
32"
36"
TRAVEL DISTANCE
TO EXIT = 79'-6"
TRAVEL DISTANCE
TO EXIT = 80'-6"
TRAVEL DISTANCE TO EXIT = 73'-2"
6701 W 23RD STREET
ST. LOUIS PARK, MN 555426
(763) 541-9552
FAX: (763) 541-9857
www.vanmanab.com
COPYRIGHT C
ISSUE DATE:
2021
SIGNATURE:
#DATE DESCRIPTION
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF
THE STATE OF MINNESOTA
DATE: 8.16.21 REGISTRATION #55239
PRINT NAME: HOLLY BURLEY
NOT FOR
CONSTRUCTION
CODE ANALYSIS &
REFERENCE PLAN
(PHASE I)
A2142
G-101
TRINITY
INTERNATIONAL
6010 Earle Brown Drive
Minneapolis, MN 55430
Remodel:
SCALE: 3/32" = 1'-0"G-101
1 BASMENT FLOOR
SCALE: 3/32" = 1'-0"G-101
2 MAIN FLOOR
DN
DN
STAIR 'A'
&
LANDING
301
CORRIDOR
304
187 SF
2
150 SF
OFFICE
#365
865 SF
6
150 SF
OPEN OFFICE
#366
294 SF
2
150 SF
OFFICE
#316
680 SF
5
150 SF
BOARD
#313
191 SF
2
150 SF
OFFICE
#312
243 SF
2
150 SF
OFFICE
#311
190 SF
2
150 SF
OFFICE
#310
STAIR 'B'
306 TOILET
305
185 SF
2
150 SF
OFFICE
#309
410 SF
3
150 SF
PRESIDENT
#308
27 SF
1
300 SF
STORAGE
#313B
27 SF
1
300 SF
STORAGE
#313A
ELEV
302 MEN'S
319
WOMEN'S
318
34 SF
1
150 SF
KITCHENETTE
#354
10 SF
1
300 SF
CLOSET
#321
THIRD FLOOR OCCUPANTS: 30
426 TOTAL OCCUPANTS
*No proposed work on this floor
620 SF
stair 'a'
62 SF
elevator
Worship
Circulation
Education
Administration
Multi-Purpose
Utility
155 SF
stair 'b'
75 SF
men's
72 SF
women's
58 SF
1
300 SF
storage439 SF
2
300 SF
mech
296 SF
2
150 SF
small group
171 SF
2
150 SF
small group
121 SF
vest
119 SF
1
150 SF
office
131 SF
1
150 SF
office
382 SF
20
20 SF
classrom
144 SF
1
150 SF
nursing
264 SF
hall318 SF
hall
149 SF
10
15 SF
platform
1205 SF
173
7 SF
sanctuary
95
seats
SECOND FLOOR OCCUPANTS: 212
426 TOTAL OCCUPANTS
6701 W 23RD STREET
ST. LOUIS PARK, MN 555426
(763) 541-9552
FAX: (763) 541-9857
www.vanmanab.com
COPYRIGHT C
ISSUE DATE:
2021
SIGNATURE:
#DATE DESCRIPTION
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF
THE STATE OF MINNESOTA
DATE: 8.16.21 REGISTRATION #55239
PRINT NAME: HOLLY BURLEY
NOT FOR
CONSTRUCTION
CODE ANALYSIS &
REFERENCE PLAN
(PHASE I)
A2142
G-102
TRINITY
INTERNATIONAL
6010 Earle Brown Drive
Minneapolis, MN 55430
Remodel:
SCALE: 3/32" = 1'-0"G-102
1 THIRD FLOOR
SCALE: 3/32" = 1'-0"G-102
2 SECOND FLOOR
UP
DN
DN
256 SF
women's
252 SF
men's
470 SF
2
300 SF
mech
134 SF
stair 'c'
210 SF
1
300 SF
elec
47 SF
1
300 SF
elev euip
59 SF
elev 402 SF
2
300 SF
kitchen
263 SF
stair 'b'
438 SF
2
300 SF
storage
64 SF
toilet
64 SF
toilet
807 SF
41
20 SF
pre-school
894 SF
45
20 SF
toddlers
870 SF
44
20 SF
young children
177 SF
1
300 SF
storage
64 SF
toilet
495 SF
15
35 SF
nursery
1204 SF
35
35 SF
play area
292 SF
20
15 SF
reception1030 SF
hall
Worship
Circulation
Education
Administration
Multi-Purpose
Utility
BASEMENT FLOOR OCCUPANTS: 209
928 TOTAL OCCUPANTS
3012 SF
sanctuary
269 SF
1
300 SF
storage
250 SF
stair
257 SF
2
150 SF
security
360 SF
vest
59 SF
elev
249 SF
3
100 SF
bookstore
151 SF
stair 'c'
2017 SF
135
15 SF
fellowship/reception
250 SF
women's
247 SF
men's
305 SF
3
150 SF
cafe
410 SF
1
500 SF
food shelf
231 SF
16
15 SF
mother's
107 SF
8
15 SF
nursing
information
desk
co
a
t
h
o
o
k
s
c
o
a
t
h
o
o
k
s
454 SF
23
20 SF
platform
82 SF
5
20 SF
sound booth
screen
screen
Total Seats: 369
level 1 : 233 seats
balcony: 136 seats
Worship
Circulation
Education
Administration
Multi-Purpose
Utility
FIRST FLOOR OCCUPANTS: 407
928 TOTAL OCCUPANTS
CODE SUMMARY ANALYSIS
Total Allowable Area (per story):35,625 SF
Proposed Additional Floor Area
2021 MINNESOTA STATE BUILDING CODE AND 2020 MINNESOTA ACCESSIBILITY CODE
Total Floor Area
Total Existing Building Floor Area
CHAPTER 6 - TYPES OF CONSTRUCTION
SECTION 602 Construction Classification
Type II-B (Section 602.2)
Table 601 - Fire-Resistance Rating Requirements for Building Elements (hours)
Structural Frame 0 HR
Bearing Walls 0 HR
Nonbearing Walls and Partitions 0 HR
Floor Construction 0 HR
Roof Construction 0 HR
CHAPTER 3 - USE AND OCCUPANCY CLASSIFICATION
SECTION 306 - Assembly Group A-3 (Place of Religious Worship)
CHAPTER 4 - SPECIAL DETAILED REQUIREMENTS
SECTION 410.5.3.4 - Technical Production Areas: Stairways are permitted exits
CHAPTER 5 - GENERAL BUILDING HEIGHTS AND AREAS
SECTION 503 General Building Height and Area Limitations
Construction Type: II-B
Occupancy Group: A-3
Sprinkled
Table 504.3 and 504.4 Allowable Height and Stories = 75' (3 stories)
Table 506.2 Allowable Area = 35,625 sf
CHAPTER 8 - INTERIOR FINISHES
TABLE 803.13 INTERIOR WALL AND CEILING FINISH REQUIREMENTS
Corridors Class B
Exit Access Class B
Rooms and Enclosed spaces Class C
Class C = Flame spread index 76-200 Class B = Flame spread index 26-75
= Smoke developed index 0-450 = smoke developed index 0-450
CHAPTER 10 - MEAN OF EGRESS
SECTION 1004 OCCUPANT LOAD
1004.1 Design Occupant Load
Table 1004.5 Maximum Floor Area Allowances per Occupant
Assembly without fixed seats
-Concentrated (chairs only - not fixed) = 7 net
-Unconcentrated (tables & chairs, meeting & stage) = 15 net
Business Areas, Kitchenette = 150 gross
Educational - Classroom Areas/Sound Booth = 20 net
Accessory storage/mechanical areas = 300 gross
Educational - Classroom Areas/ Sound Booth = 20 net
SECTION 1005 Means of Egress Sizing
Table 1005.3.1 & 1005.3.2 Other egress components (With Sprinkler System)
Exception: Building includes Automatic Sprinkler System and
Emergency Voice/Alarm communication system.
Inches per occupant = 0.15 @ Egress Components (Doors)
Inches per occupant = 0.30 @ Stairways
SECTION 1006 Number of Exits and Exit Access Doorways
1006.2 Exit or exit access doorways required:
3 exits required
928 Total Occupants
Table 1006.2.1 Common Path of Egress Travel: Shall not excced 75 feet
SECTION 1017 Exit Access Travel Distance
Table 1017.2 Exit Access Travel Distance:
A Occupancy, maximum travel distance = 250'-0"
SECTION 1018 Aisles
1018.2.1 Aisles and aisle accessways
Plan designed to comply with Section 1029.
SECTION 1029 Assembly
1029.2 Assembly main exit.
Group A Occupancies that have an occupant load of greater than 300 shall
be provided with a main exit. The main exit shall be sufficient width to
accommodate not less than one-half the occupant load, but such width shall
not be less than the total required width of all means of egress leading to the exit.
(See 1/G-101 to show number of occupants exiting the Assembly space)
1029.8 Common path of egress travel
The common path of egress travel shall not exceed 30 feet from any seat
to a point where an occupant has a choice of two paths of egress travel to two exits.
ALLOWABLE AREA:
A = Tabular Area per story in accordance with Table 506 28,500 SF
I = Frontage Increase per Section 506.2
0.75
A = A + NS x I a t f
t
f
I = F/P - 0.25 W/30 (F=424; P=424; W=30)f
I = 424/424 - 0.25 30/30= 0.75f
- Based on Minnesota Building Code 2020 Table 506.2
CHAPTER 9 - FIRE PROTECTION SYSTEMS
SECTION 903 Automatic Sprinkler System
* Existing system to Remain
SECTION 906 Portable Fire Extinguishers
906.3 Portable Fire Extinguishers
Semi-Recessed fire extinguisher cabinets provided.
Building owner to furnish and maintain extinguishers.
- Required maximum travel distance not to exceed 75'-0"
(see plan for proposed locations)
SECTION 907 Fire Alarm System
*Provided in accordance with 907.2.1
NS = Tabular allowable area factor in accordance with Table 506.2 for
nonsprinklered building (regardless of whether the building is sprinklered.
9,500 SF
PLUMBING FIXTURE CALCULATIONS
MINNESOTA ACCESSIBILITY CODE 2020
CHAPTER 29 - PLUMBING SYSTEMS
PLUMBING FIXTURE COUNT:
- 2020 International Building Code (Table 2902.1)
928 TOTAL OCCUPANTS: 464 Male & 464 Female
WATER CLOSETS REQUIRED:
MALE = 1 Water Closet per 150 Occupants
464 Male Occupants = 4 Water Closets Required
15 Water Closets Provided
(8 toilets and 7 urinals)
FEMALE = 1 Water Closet per 65 Occupants
464 Female Occupants = 7 Water Closets Required
15 Water Closets Provided
LAVATORIES REQUIRED:
Occupancy A-3
"Places of Worship" = 1 per 200
464 Males = 3 Lavatories Required,
12 Lavatories Provided
464 Females = 3 Lavatories Required,
12 Lavatories Provided
DRINKING FOUNTAINS REQUIRED:
1 Drinking Fountain Required per 1,000
1 Drinking Fountains Required
1 Dual-Ht Drinking Fountain Provided w/ bottle filler
1 Childrens Height Drinking Fountain Provided
OTHER:
1 Service Sink Required, 1 Service Sinks Provided
SECTION 1009.1 - ACCESSIBLE MEANS OF EGRESS
Accessible means of egress shall comply with this section. Accessible spaces shall be
provided with not less than one accessible means of egress. Where more than one means of egress is
required by Section 1006.2 or 1006.3 from any accessible space, each accessible portion of the space
shall be served by not less than two accessible means of egress.
3.Accessible means of egress is not required for alterations to existing buildings.
35,625 SFBasement: Total Allowable Area (per story)
First Floor: Total Allowable Area (per story)
Second Floor: Total Allowable Area (per story)
Third Floor: Total Allowable Area (per story)
ALLOWABLE AREA BY FLOOR:
35,625 SF
35,625 SF
35,625 SF
9,300 SF
9,685 SF
9,385 SF
9,385 SF
Allowed Proposed
TOTAL FLOOR AREAS:
22,920 SF
37,755 SF
14,835SF
1029.8.1 Path through adjacent row
Where one of the two paths of travel is across the aisle through a row of seats to another
aisle, there shall be not more than 24 seats between the two aisles, and the minimum clear
width between rows for the row between the two aisles shall be 12 inches plus 0.6 inch for
each additional seat above seven in the row between aisles.
Note: All elevated seating to have fixed seating with automatic self rising seats.
Note: 22" CLEAR is provided for all aisles in the elevated seating area when the
seat is the raised position.
SECTION 1105 - ACCESSIBLE ENTRANCES
1105.1 Public Entrances
At least 60% of all public entrances shall be accessible - this is provided
SECTION 1106 - PARKING AND PASSENGER LOADING FACILITIES
Table 1106.1 Accessible Parking Spaces
Proposed work is restricted to interior space
118 parking stalls provided
SECTION 1108 - SPECIAL OCCUPANCIES
Table 1108.2.2.1 Accessible Wheelchair spaces
6 Required
6 Provided
1108.2.3 Companion seat - Provided as required
6701 W 23RD STREET
ST. LOUIS PARK, MN 555426
(763) 541-9552
FAX: (763) 541-9857
www.vanmanab.com
COPYRIGHT C
ISSUE DATE:
2021
SIGNATURE:
#DATE DESCRIPTION
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF
THE STATE OF MINNESOTA
DATE: 8.16.21 REGISTRATION #55239
PRINT NAME: HOLLY BURLEY
NOT FOR
CONSTRUCTION
CODE ANALYSIS &
REFERENCE PLAN
PHASE II
A2142
G-103
TRINITY
INTERNATIONAL
6010 Earle Brown Drive
Minneapolis, MN 55430
Remodel:
SCALE: 1" = 10'-0"G-103
1 BASEMENT
SCALE: 1" = 10'-0"G-103
2 MAIN FLOOR
250 SF
women's
247 SF
men's
444 SF
2
300 SF
mech
296 SF
15
20 SF
classroom
234 SF
12
20 SF
classroom
235 SF
12
20 SF
classroom
325 SF
17
20 SF
classroom
442 SF
23
20 SF
youth worship
158 SF
1
300 SF
storage
891 SF
lobby
63 SF
elev
620 SF
stair
179 SF
2
150 SF
office
85 SF
hall
58 SF
1
300 SF
storage
155 SF
stair 'b'
103 SF
1
300 SF
storage
245 SF
2
150 SF
meeting
screen
platform
below
screen
2350 SF
sanctuary
(balcony)
Total Seats: 369
level 1 : 233 seats
balcony: 136 seats
open to
below
Worship
Circulation
Education
Administration
Multi-Purpose
Utility
SECOND FLOOR OCCUPANTS: 224
928 TOTAL OCCUPANTS
219 SF
men's
225 SF
women's
504 SF
6
100 SF
library
110 SF
1
300 SF
storage
158 SF
stair 'b'
62 SF
1
300 SF
storage
63 SF
elevator
460 SF
stair 'a'
reception desk
292 SF
hall
150 SF
2
150 SF
pastoral office
147 SF
1
150 SF
pastoral office
147 SF
1
150 SF
pastoral office
148 SF
1
150 SF
pastoral office
247 SF
2
150 SF
pastoral office
641 SF
5
150 SF
administration
410 SF
3
150 SF
community outreach
320 SF
3
150 SF
lounge
583 SF
4
150 SF
men, women
& children
883 SF
6
150 SF
performing &
visual arts
910 SF
7
150 SF
conference
627 SF
42
15 SF
reception
397 SF
3
150 SF
intercession &
guidance
1054 SF
hall
Worship
Circulation
Education
Administration
Multi-Purpose
Utility
THIRD FLOOR OCCUPANTS: 88
928 TOTAL OCCUPANTS
6701 W 23RD STREET
ST. LOUIS PARK, MN 555426
(763) 541-9552
FAX: (763) 541-9857
www.vanmanab.com
COPYRIGHT C
ISSUE DATE:
2021
SIGNATURE:
#DATE DESCRIPTION
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF
THE STATE OF MINNESOTA
DATE: 8.16.21 REGISTRATION #55239
PRINT NAME: HOLLY BURLEY
NOT FOR
CONSTRUCTION
CODE ANALYSIS &
REFERENCE PLAN
(PHASE II)
A2142
G-104
TRINITY
INTERNATIONAL
6010 Earle Brown Drive
Minneapolis, MN 55430
Remodel:
SCALE: 1" = 10'-0"G-104
1 SECOND FLOOR
SCALE: 1" = 10'-0"G-104
2 THIRD FLOOR
DN
DN
3012 SF
sanctuary
269 SF
storage
250 SF
stair
257 SF
security
360 SF
vest
59 SF
elev249 SF
bookstore
151 SF
stair 'c'
2017 SF
fellowship/reception
220 seats
250 SF
women's
247 SF
men's
305 SF
cafe
410 SF
food shelf
231 SF
mother's
107 SF
nursing
information
desk
coat hooks
mech
patio
trash
enclosure
COPYRIGHT 2022C
TRINITY INTERNATIONAL PHASE 2 -SITE - OPTION 'B'
C ouncil/E DA Work Session
DAT E:8/28/2023
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:Review and D is cus s ion of a C ommunity Benefits A greement Template and Equity
D evelopment F ramework, D ra1 A ppendices to the O pportunity S ite M aster P lan.
Requested Council A con:
- Review and provide feedback on two dra appendices to the Opportunity S ite Master P lan – a C ommunity
Benefits A greement Template, and Equity D evelopment Framew ork.
B ackground:
S ince 2019, City s taff have been working on progres s ing a Mas ter P lan for the 80-acre O pportunity S ite.
F rom the beginning this Mas ter P lan intended to s hi1 development expecta:ons within the O pportunity
S ite towards community s erving in their proces s and outcomes. A s s uch, buildout of the O pportunity S ite is
intended to be a collabora:ve endeavor betw een the C ity and developers who seek to join the City in
improving quality of life for all who call the Brooklyn C enter home. I n J uly 2021 C ouncil adopted the
O pportunity S ite I nfras tructure F ramework. I n November 2022 C ouncil affirmed the O pportunity S ite
P ublic Realm F ramew ork. The full Mas ter P lan w ill be coming before Council for cons idera:on and adop:on
later this year.
Community-derived G uiding P rinciples of the Mas ter P lan are:
Create a vibrant and dis :nc:ve des:na:on for the community and region
Embrace the growing diversity of the community
Consider sustainability in the des ign of development
P roduce places that bring the community together
Tow ards this end, tw o appendices have been development within the Mas ter P lan, to inform future
development des ign and deliverables of project within the footprint of the O pportunity S ite. Because much
of the O pportunity S ite is ow ned by the C ity, the City has many controls over the process and outcomes that
future development mus t adhere to.
C ommunity Benefits A greement Template: A C ommunity B enefits Agreement (C B A) is a legal contract between
the C ity of B rooklyn C enter (via the C ity ’s Economic Development Authority) and the development team of a
private development project, that outlines how the development will deliver a series of benefits to the broader
community. C B As are legally binding documents signed by both the C ity and the developer, which both en::es
can enforce.
T he C B A Template will be a development tool presen:ng a collec:on of community-iden:fied benefits that C ity
staff and a development team can appropriately tailor on a project-by-project basis. U pon final nego:ated
selec:on of benefits, the tool provides a legal C B A template that the development team will be required to
complete and include with the official development applica:on.
T here are five benefits categories included within the C B A Template:
C ategory 1: Housing and Residenal C ommunies
C ategory 2: Economic Development and E mployment Opportunies
C ategory 3: Transportaon and C onnecvity
C ategory 4: P ublic Realm, P ublic S pace, and P ublic L ife
C ategory 5: S ustainability, Resilience, and the N atural E nvironment
Equity Development Framework: T his Equity Development Framework is an ac:onable tool and process of
assessing private development projects through the lens of the O pportunity Site Master Plan Principles and
prac:ces of equitable development and environmental jus:ce. T he framework is intended to be used primarily by
C ity staff for informing and evalua:ng a proposed development project within the O pportunity Site, during the
design process prior to formal development applica:on. I t will be expressed to prospec:ve early in the
development design phase that the equity framework will be used to assess development projects. I t is expected
this Framework tool would be shared with prospec:ve developers prior to site design, and may be done
collabora:vely between city staff and prospec:ve developers. A completed Framework will be required with the
official development applica:on.
T here are six categories of Equitable D evelopment:
Category 1: L ivability
Category 2: C ommunity Power & Engagement
Category 3: Economic & Land Use
Category 4: H ousing
Category 5: Transportaon
Category 6: Environment
Comple:on of the C B A Template and Equity D evelopment F ramew ork are intended to be completed for any
proposed development within city-ow ned land w ithin the O pportunity S ite, or that requires public subsidy,
including but not limited to land w rite dow ns , fee waiver, city sponsored grants , T I F, and tax abatement.
W hile the city can’t require it for privately developed land w ithout public s ubs idy, C ity staff will recommend
that thes e development projects als o complete thes e tools with a development applica:on.
City Community D evelopment s taff w ill be responsible for working w ith O pportunity S ite developers on the
comple:on of thes e tools.
D ra1 copies of the C B A Template and Equity D evelopment S corecard are included as aBachments for
Council considera:on and feedback
Next S teps:
B udget I ssues:
Council feedback on thes e two M aster P lan components will inform their finaliz a:on, and comple:on of the
Mas ter P lan. S taff intend to bring the M aster P lan to C ouncil for considera:on and adop:on later this year.
I nclusive C ommunity Engagement:
These items w ill s upport the community-driven development vis ion of the O pportunity S ite, allow ing for
ongoing alignment w ith intended development goals.
A nracist/Equity Policy Effect:
These items s eek to promote equitable, community-serving outcomes of development w ithin the
O pportunity S ite, as iden:fied in the M aster P lan P rinciples & G oals.
S trategic Priories and Values:
Targeted Redevelopment
AT TA C H M E N TS :
D escrip:on U pload D ate Type
D ra1 C B A Template 8/22/2023 Backup M aterial
D ra1 Equity S corecard 8/22/2023 Backup M aterial
Opportunity Site Master Plan
Appendix 4 – Community Benefits Agreement Template DRAFT
I. Intro
The buildout of the Opportunity Site is intended to be a collaborative endeavor between the City and developers
who seek to join the City in improving quality of life for all who call the Brooklyn Center home. To ensure
equitable distribution of the benefits of development and to minimize unfavorable consequences to the
community, the City of Brooklyn Center requires the use of a Community Benefits Agreement for all new
development within the Opportunity Site that includes public subsidy or participation, including but not limited
to: land write downs, fee waiver, city sponsored grants, TIF, and tax abatement..
A Community Benefits Agreement (CBA) is a legal contract between the City of Brooklyn Center (via the City’s
Economic Development Authority) and the development team of a private development project, that lays out
how the proposed development will deliver a series of benefits to the broader community. CBAs are legally
binding documents signed by both the City and the developer, which both entities can enforce. The City views
these documents as the culmination of collaborative negotiations and partnership between the city and
development team to realize the goals of the Opportunity Site as outlined in the Opportunity Site Master Plan
[link once ready].
Towards this end, the City has created this CBA development tool with a template collection of community-
identified benefits that City Staff and the development team can appropriately tailor on a project-by-project
basis.
II. CBA Development and Approval Process.
The City recognizes that not all listed benefits are practical or necessary for every development project.
However, it is the expectation that city staff and the development team partner in good faith to mutually
identify a reasonable set of community benefits that can be delivered by the project. A CBA is required for any
project that includes public subsidy or public participation. A draft CBA is necessary for any development
application sent to the city to be considered “complete”.
Creation of a draft CBA will be conducted by city staff on behalf of the City’s Planning and Housing Commissions.
A joint meeting of the Commissions to review and approve a draft CBA is necessary to include the CBA with the
development team’s development application. The City Council will then have final review and approval power
as part of the standard development review process.
Upon City approval, the CBA will go into effect and be enforced according to the conditions outlined in the CBA.
CBA Template Tool Overview
I. Select and Customize Benefits
Each CBA should be crafted in a well-balanced manner that leverages the private investment of a development
project towards meeting City and community goals, while respecting the position and capacities of any one
project.
To these ends, city staff and the development team should consider the following when identifying and
negotiating project benefits:
1. What is the anticipated project use type and programming?
a. Consider project land use type(s), anticipated residential units, anticipated commercial intensity and
jobs, project footprint and scale, economic impacts, location within the opportunity site, developer
background and history,
2. How does the project intend to meet expressed local goals and policies? How can it be leveraged to more
explicitly reflect these goals and policies?
a. Consider guidance from the Comprehensive Plan, Opportunity Site Master Plan, the Opportunity
Site Public Realm Plan (JXTA).
3. How does the project meet City/local development and design standards? How can it be leveraged to
exceed the standards?
a. Consider policies such as the Unified Development Ordinance and the TOD Zoning district.
4. How does the project intend to reflect community values? How can it be leveraged to more explicitly
reflect these values?
i. Diversity and Inclusivity
ii. Affordability
iii. Health and Wellness
iv. Fiscal Responsibility
v. Flexibility
vi. Community Pride
vii. Environmental Sustainability
viii. Local Benefit
ix. Counteracting Displacement
5. How feasible are desired benefits? Will the development team be able to deliver identified benefits?
Which benefits are “non-negotiable” expectations for this project?
a. Consider questions such as:
i. Burden. Is delivery of the benefit overly burdensome?
ii. Proportionality. Is the scale of the project proportional to benefit?
iii. Feasibility. Are selected benefits feasibly produced by the developer?
iv. Compatibility/Reality. Are selected benefits realistic/compatible with similar projects?
Using the CBA Template Tool
1. Complete the Project Summary section below.
2. Review and select benefits based on project type, context, and other considerations.
3. Customize selected benefits as appropriate.
4. Once confirmed, integrate selected benefits into formal CBA document(s). An example template is provided at
this end of this tool.
It is anticipated that the review, selection, and customization of benefits will be an iterative process during the planning
and design process of a development project. As such, collaborative completion of this CBA Template should be seen as
part of the project planning & design phase of the development project.
Project Summary
Project Name: ____________________________________________________________________________________
Project Address: ____________________________________________________________________________________
Development Team: _______________________________________________________________________________
__________________________________________________________________________________________________
Project Program Summary: ___________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Public Subsidy or Involvement Summary: ________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
CATEGORY 1: HOUSING AND RESIDENTIAL COMMUNITIES
Benefit Type and Information Applicable Project Types Opportunity Site Values
Category Benefit Benefit Rationale Residential
Projects
Mixed-
Use
Projects
Commercial
Projects
Industrial
Projects
Government
Action
Diversity
and
Inclusivity
Affordability
Health
and
Wellness
Fiscal
Responsibility Flexibility Community
Pride
Environmental
Sustainability
Local
Benefit
Counteracting
Displacement
CATEGORY 1:
HOUSING AND
RESIDENTIAL
COMMUNITIES
1.1: X% of total
new housing units
will be affordable
at Y% of AMI.
Affordable housing at appropriate
price points is necessary to ensure
Brooklyn Center residents and
families can continue to live and
thrive within the city. The exact
affordability/AMI levels will be
based on project feasibility on a
case-by-case basis, using the
Opportunity Site Housing Policy as
a guide (located in Appendix X of
the Opportunity Site Master Plan)
1.2: Delivery of
housing types that
meet underserved
needs in
community as
identified in the
Opportunity Site
Housing Policy.
Many types of housing are
underrepresented in Brooklyn
Center’s housing stock, which is
dominated by single family
residential. Additional housing
needs include multi-bedroom rental
and owner-occupied housing, such
as senior, accessible, and affordable
ownership options, and supportive
housing for veterans, people
experiencing homelessness, or other
vulnerable populations.
1.3: Development
of housing types
that support
mixed use and
mixed income
communities
Housing types that support
walkable, transit-oriented, mixed
use communities are needed to
advance the vision of a new
downtown district for the city,
including the support of local retail
and the activation of public spaces.
This housing should be developed
for a range of rents/mortages and
incomes, to ensure that the area is
not dominated by one income tier,
further concentrating either poverty
or wealth.
DRAFT
CATEGORY 2: ECONOMIC DEVELOPMENT AND EMPLOYMENT OPPORTUNITIES
Benefit Type and Information Applicable Project Types Opportunity Site Values
Category Benefit Benefit Rationale Residential
Projects
Mixed-
Use
Projects
Commercial
Projects
Industrial
Projects
Government
Action
Diversity
and
Inclusivity
Affordability
Health
and
Wellness
Fiscal
Responsibility Flexibility Community
Pride
Environmental
Sustainability
Local
Benefit
Counteracting
Displacement
CATEGORY 2:
ECONOMIC
DEVELOPMENT
AND EMPLOYMENT
OPPORTUNITIES
2.1: Delivery of X%
and Y type of
affordable commercial
space for small, local,
and disadvantaged
businesses
Supporting small businesses
and entrepreneurs in
Brooklyn Center includes
ensuring that new and
renovated business district
have space affordable to
local business owners, either
via purchase or rent. Exact
needs will be highly
dependent on the type, size,
and location of space.
2.2: Creation of
opportunities for
good jobs for
residents of the city,
such as those that pay
a living wage and/or
offer opportunities for
career advancement
Access to job opportunities,
through wages and career
advancement, has been
repeatedly identified as a
need by the community. This
will include both the location
of jobs like this in the
community, as well as
potentially supportive
training, placement, and
retention services as needed.
2.3: Contractor hiring
requirements for
construction phase of
project, including
DBEs and WBEs
Minneapolis example
Contractor hiring – including
both public infrastructure
and private development
projects – is another
potential source of
employment for residents.
This may include exploration
of options for both local
hiring mandates and
changes in bidding and
procurement processes.
2.4: Job placement,
training, and retention
services as applicable,
including those
prioritizing local hiring
As noted above, the
presence of good jobs in the
community may not be
enough to ensure they are
accessible to residents.
Partnerships with job-related
services can help bridge
gaps and disparities in
employee recruitment,
hiring, and retention.
DRAFT
CATEGORY 3: TRANSPORTATION AND CONNECTIVITY
Benefit Type and Information Applicable Project Types Opportunity Site Values
Category Benefit Benefit Rationale Residential
Projects
Mixed-
Use
Projects
Commercial
Projects
Industrial
Projects
Government
Action
Diversity
and
Inclusivity
Affordability
Health
and
Wellness
Fiscal
Responsibility Flexibility Community
Pride
Environmental
Sustainability
Local
Benefit
Counteracting
Displacement
CATEGORY 3:
TRANSPORTATION
AND CONNECTIVITY
3.1:
Connection to
public
pedestrian
and bicycle
amenities
The Opportunity Site master plan
includes an overall approach to
enhancing the pedestrian and
bicycle network, which should be
advanced as applicable with
individual public and private
development projects. Additionally,
bicycle and pedestrian facilities and
amenities, like street furniture and
bicycle storage, should be
enhanced at a site-specific level,
where consistent with the overall
master plan.
DRAFT
CATEGORY 4: PUBLIC REALM, PUBLIC SPACE, AND PUBLIC LIFE
Benefit Type and Information Applicable Project Types Opportunity Site Values
Category Benefit Benefit Rationale Residential
Projects
Mixed-
Use
Projects
Commercial
Projects
Industrial
Projects
Government
Action
Diversity
and
Inclusivity
Affordability
Health
and
Wellness
Fiscal
Responsibility Flexibility Community
Pride
Environmental
Sustainability
Local
Benefit
Counteracting
Displacement
CATEGORY 4:
PUBLIC
REALM,
PUBLIC
SPACE, AND
PUBLIC LIFE
4.1: Affordable
access for residents
to recreational
attractions
Public and publicly accessible
recreational facilities and activities on
the Opportunity Site should be
designed and priced so that people
are not regularly excluded due to cost
or other barriers. If needed, this may
include special accommodations or
pricing based on income and/or
residency in the city, in comparison to
general admission.
4.2: Delivery of
community-serving
amenities
The development and programming
of indoor and outdoor public
amenities on the Opportunity Site
should consider the needs and
preferences of residents, including
recreational, entertainment, natural,
artistic, cultural, or other elements that
benefit the community. The priority
will be for amenities that support a
welcoming environment for everyone
and support the diversity of cultures
and people in the city, like a recreation
center, skate park, bowling alley,
botanical garden, dog park, and/or
multipurpose areas.
4:3: Youth-oriented
recreational
opportunities to
meet community
needs
The development of facilities,
programs, partnerships, and other
resources that provide healthy, safe,
and supervised options and
opportunities aimed at children and
youth have been consistently
identified as a priority for the site.
These may include education-focused
elements, such as trade schools,
daycares, or after school programs.
DRAFT
Benefit Type and Information Applicable Project Types Opportunity Site Values
Category Benefit Benefit Rationale Residential
Projects
Mixed-
Use
Projects
Commercial
Projects
Industrial
Projects
Government
Action
Diversity
and
Inclusivity
Affordability
Health
and
Wellness
Fiscal
Responsibility Flexibility Community
Pride
Environmental
Sustainability
Local
Benefit
Counteracting
Displacement
4.4: Support and/or
provision of
programming for
recreation, culture,
arts, youth
activities, etc.
Intentional programming will help
enliven public and private spaces and
engage people in meaningful activities
and community-building within the
Opportunity Site. This may include
uses such as sports facilities, theaters,
music venues, dance, and other
entertainment uses in collaboration
with partners who can support goals
through existing, expanded, enhanced,
or new offerings for residents.
4.5: Presence of
multicultural event
spaces that are
affordable and
accessible to the
community
Locations for multicultural events have
been repeatedly identified as a need.
Where feasible, this may include
indoor and outdoor spaces suitable for
informal gatherings to formal events
and meetings with well-designed
areas for food preparation, sound
systems, and other meeting essentials
that may be required.
4.6: Inclusion of
exterior project art,
and/or resources to
construct and
maintain art in the
public ROW, (e.g.
art dedication fee)
Public art provides a distinctive way to
enhance building and site design,
support local cultural and artistic
identity, and create unique places.
Public art placement may be
incorporated in a building or site
design, or at locations in the public
realm which align with the city’s
beautification and public art plan
recommendations.
DRAFT
CATEGORY 5: SUSTAINABILITY, RESILIENCE, AND THE NATURAL ENVIRONMENT
Benefit Type and Information Applicable Project Types Opportunity Site Values
Category Benefit Benefit Rationale Residential
Projects
Mixed-
Use
Projects
Commercial
Projects
Industrial
Projects
Government
Action
Diversity
and
Inclusivity
Affordability
Health
and
Wellness
Fiscal
Responsibility Flexibility Community
Pride
Environmental
Sustainability
Local
Benefit
Counteracting
Displacement
CATEGORY 5:
SUSTAINABILITY,
RESILIENCE, AND
THE NATURAL
ENVIRONMENT
5.1: Utilization of
sustainable
models of energy
generation and
usage, to reduce
project’s carbon
footprint and
increase
sustainability
On-site energy generation through
solar, wind, geothermal, or other
technologies may benefit one or
more properties in the district. The
development and installation will
be dependent on placement, size,
and technical feasibility, and likely
involve coordination with external
partners and utilities; where on-site
generations are inviable, the
purchase of off-site sustainable
energy may be an appropriate
alternative.
5.2: Green
building and site
design using
sustainable,
energy efficient
materials and
processes
Sustainable materials, design, and
construction can support
sustainability both in the initial
stages of project development an
on an ongoing basis via efficient
operations and maintenance. There
may be some tradeoffs in terms of
higher up-front costs that can be
offset with subsidy and/or life cycle
cost analysis; district systems may
also be a possibility.
5.3: Systems
management that
priorities reuse
and/or recycling
of resources
where feasible
Reuse and recycling of resources
effectively reduces the total
amount used, supporting overall
sustainability. This may include
reuse and/or recycling of
construction or industrial waste,
closed loop systems, greywater
reclamation, or other similar
systems. There may be a need to
offset higher up-front costs for
system installation. On the retail
side, this could also include
community-serving thrift stores or
reuse centers.
DRAFT
Benefit Type and Information Applicable Project Types Opportunity Site Values
Category Benefit Benefit Rationale Residential
Projects
Mixed-
Use
Projects
Commercial
Projects
Industrial
Projects
Government
Action
Diversity
and
Inclusivity
Affordability
Health
and
Wellness
Fiscal
Responsibility Flexibility Community
Pride
Environmental
Sustainability
Local
Benefit
Counteracting
Displacement
5.4: Sustainable
stormwater
management
strategies
including those
that incorporate
community
amenities, that
exceed watershed
requirements.
Sustainable stormwater
management practices may include
bioswales/bioretention, plants/trees
campus, green roofs, permeable
pavement, rain cisterns/collectors,
sand/organic filters or other similar
strategies. Where possible, these
may be combined with stacked
functions of community open space
and enhanced public realm. District
systems for multiple properties may
increase efficiency and share costs.
5.5: Urban
agriculture,
community
gardening, and/or
other sustainable
food systems that
benefit and
involve the
community
Urban agriculture and community
gardening can support healthy
food production, provide an
amenity for local gardeners, and
efficiently use space. This may also
include indoor gardens/aquaponics
that can produce food year-round,
as well as cooperative food stores
and markets. Planning for these
facilities may require a maintenance
plan to ensure they are managed
effectively. On the retail side, this
could include cooperative food
stores or markets.
DRAFT
CBA TEMPLATE
This Project Name Community Benefits Agreement ("[Project CBA]") is made and executed on this [Date], by and between the City
of Brooklyn Center as defined herein (“BC”) and [Developer Name], as defined herein ("DEV") (COM and DEV each a "Party", and
collectively the "Parties"), for the benefit of the residents of Brooklyn Center, as related to the construction by
[Developer/Contractor] of a new product/project (the "Project") on a portion of the Project Site (as hereinafter defined).
RECITALS
WHEREAS, DEV, through its coalition members, has identified a number of significant needs of residents in the vicinity of the Project
Site and more broadly residents of Brooklyn Center; and
WHEREAS, the [Developer/Contractor] will build the [Project] on a portion of the X-acre Opportunity Site located at [Address] (the
"Project Site"); and
WHEREAS, BC and DEV desire to address some of the significant needs of local residents through this Project CBA.
NOW THEREFORE, in consideration of the above premises and mutual covenants and ag reements herein set forth, DEV and BC do
hereby agree to execute this Project CBA as follows:
I Definitions
1 Affordable housing
2 Deeply affordable housing
3 Area median income (AMI)
II Responsibilities
1 Category 1: Housing and Residential Communities
2 Category 2: Economic Development and Employment Opportunities
3 Category 3: Transportation and Connectivity
4 Category 4: Public Realm, Public Space, and Public Life
5 Category 5: Sustainability, Resilience, and the Natural Environment
III Monitoring, Timelines, and Enforcement
IV BC Support Obligations
V Expenses/Terminations
1
Opportunity Site Master Plan
Appendix 5 – Equity Development Framework DRAFT
I. Overview of Equity Development Framework
The Brooklyn Center Opportunity Site is 80 acres in the heart of the city, and the future location
of a new downtown. Much of the site is publicly owned, meaning that the City of Brooklyn
Center is a major stakeholder on new development in this area. The City deeply engaged the
public during the Master Plan visioning and planning process, with the aim to establish a
development process that delivers substantial public benefits. Through this, the City of Brooklyn
Center aims to achieve equity and inclusivity within the Opportunity Site land use, parks and
open space, and access and mobility.
Land use and Infrastructure play a foundational role in promoting and ensuring equity. Equitable
and inclusive design is community focused, and considers what features stakeholders need to
thrive.
The buildout of the Opportunity Site is intended to be a collaborative endeavor between the
City and developers who seek to join the City in improving quality of life for all who call the
Brooklyn Center home. To ensure equitable distribution of development outcomes and to
minimize unfavorable consequences to the community, the City of Brooklyn Center requires the
completion of this Equity Development Framework for all new development within the
Opportunity Site that includes public subsidy or participation, including but not limited to: land
write downs, fee waiver, city sponsored grants, TOF, and tax abatement.
Centering equity and inclusion expectations at the outset of the development process intends to
yield better outcomes for everyone involved. This tool therefore provides a community-
informed framework towards ensuring new development is an integral piece of progress for
those who have historically been excluded from decision-making processes, suffered disparities
in health and wealth, and given few to no opportunities.
II. Framework Purpose
This Equity Development Framework is an actionable process of assessing private development
projects through the lens of the Opportunity Site Master Plan Principles, and practices of
equitable development and environmental justice.
This framework is intended to be used primarily by city staff for evaluating a proposed
development project within the Opportunity Site, during the design process. However, it is
expected that the Framework is a collaborative and iterative process with prospective
developers. It should be expressed to prospective developers that the equity framework will be
used to assess development projects.
The Equity Development Framework is to be included for City consideration with development
applications in the Opportunity Site.
2
III. Private Development Expectations
To ensure new development furthers the City and Master Plan vision of the Opportunity Site, all
development is expected to adhere to the following expectations:
• Land Use: Land use in the Opportunity Site is primarily guided as Transit Oriented Development
(TOD). The TOD district supports opportunities for transit-supportive and transit-oriented
development, development patterns that supports walking, biking, and vibrant pedestrian
activity.
• Open Spaces: Open spaces in the Opportunity Site contribute to and integrate with a systems-
approach of the public realm, streets, trails, plazas, parks, and pedestrian areas. These spaces
must be inclusive, and promote healthy living, gathering, social gathering, and environmental
responsibility. New private spaces must connect to the larger system, while creating an “inside
out” community that allows for year-round outdoor usage.
• Access and Connectivity: Access and Connectivity within the Opportunity Site contributes to a
multimodal transportation system, is well connected to the region, and reduces the need to own
a car by providing safe, affordable, convenient, and accessible options. Development shall
prioritize pedestrians by supporting a safe and comfortable environment to walk and bike.
IV. Opportunity Site Goals for Equity & Inclusion
To ensure new development furthers City and Master Plan goals of equity and inclusion in the
Opportunity Site, all development is expected to adhere to the following expectations and
values. These values form the basis and organization of the framework.
• Livability: Livability is a combination of acknowledging the past and present harms, while
working to create a better future for all. The intersection between livability and development can
become the bedrock for restorative, regenerative, and healthy outcomes of historically
marginalized people; promotes inclusion and belonging; and places intention and focus on the
community through history, power and wellness.
• Community Power and Engagement: Equitable engagement and power come from practices
where those community members most affected, connect with and co-create the planning and
design outcomes. Community members should include BIPOC communities along with
immigrants, low-wealth people, renters, families, those with disabilities, senior citizens, and
other historically marginalized communities.
• Economic and Land Use: Equitable economic development must include and prioritize
opportunities like local investment, ownership, and access to quality jobs , to drive long-term,
community wealth building. Upward mobility and economic justice help s economic resiliency and
strength of marginalized communities and businesses through a stronger economy at the local
and neighborhood levels.
• Housing: Affordable, quality, and stable housing is a fundamental element of just and sustainable
housing practices. When people have the housing they need, they can better make important
choices regarding food, health and wellbeing, childcare, and education without sacrificing
livability or quality of life.
3
• Transportation: Physical connections to the greater commu nity through a diversity of modal
options are important to provide residents options to navigate across the neighborhood. As such,
all development should be oriented to all forms of movement, including public transit, walking,
bicycling, and micromobility.
• Environment: Equitable environmental practices must include protecting and supporting the
land, water, and air. Environmental justice and community health must be a priority of new
development, with the goal to promote, sustain, and regenerate the health, wellbeing, and
thriving of people and places.
V. Using the Framework Card
Step #1: Fill out the Project information page. Then turn to page 5.
Step #2: Customize each Equitable Development Category’s categories according to the project,
as not all criteria may apply. Tailor this Framework to be relevant to your specific purpose(s) and
location within the Opportunity Site. Feel free to take notes in empty spaces and add, change, or
put NA (not applicable) that do not apply to the project.
Framework assessment criteria is separated into “Process” and “Outcome” steps.
Step #3: Use the “Glossary” section to clear up any questions of content or definition. The
“Bibliography” and “Other Resources” sections contain links to supporting documents.
Step #4: Hold conversations with your group around each category , and include notes for
comments or recommendations for each applicable category to inform design or project
outcome revisions. It is expected that this Framework tool may be completed iteratively, and
multiple times prior to a development application submission.
Step #5: Upon final completion of this Framework, City staff will include the completed
framework with their formal staff report for a development application. While there is no
specific “threshold” of Framework completion, City Planning Commission and Council will
consider Framework comments as they consider a development application.
4
Project Information Section
Project Name _____________________________________________________________
Location of Project _________________________________________________________
Lead or Primary Developer ____________________________________________________
Developer Contact Information _________________________________________________
Other Key Stakeholders _______________________________________________________
Brief Description of the Project _________________________________________________
__________________________________________________________________________
Public Investments
__________________________________________________________________________
__________________________________________________________________________
Developer/applicant anticipated community benefits
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Comments Summary
• Summarize key comments and recommendations from each applicable section used below
Category Summary of Comments & Recommendations
Livability
Community Power &
Engagement
Economic & Land Use
Housing
Transportation
Environment
5
EQUITY DEVELOPMENT FRAMEWORK
LIVABILITY
Process Considerations Outcome Considerations
The project has taken proactive steps with
community leaders to understand local histories, and
cultural and environmental assets of the area to
repair, honor, and integrate these legacies with an
anti-displacement lens into the project and
development process.
The developer is committed to co-creating a set of
mutual agreements at the start of the project and
has committed to accountability measures and long-
term neighborhood relationship building beyond the
design and construction of the project to address
any negative outcomes and embrace community
ideas.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
Building from history gained from community and
research, the developer has worked with community
leaders and government agencies to understand the
current demographics, languages, natural and human
assets, and other key features of the project area to
ensure development enhances the valued attributes
of the area and aligns with the vision of historically
and systemically marginalized people most impacted
by the project.
The project design integrates physical or
programmatic elements that enhance networks of
community care and encourage social interaction
and belonging by creating or restoring spaces for
residents to connect, heal and build power with
each other.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
The project design seeks to establish or enhance
welcoming and inclusive community access to green
spaces and public gathering areas to enhance the
physical, emotional, and spiritual wellbeing of current
residents.
The project considers opportunities for community
ownership of material and natural assets, including
housing and retail units.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
6
Community Power and Engagement
Process Considerations Outcome Considerations
The developer involves local historically and
systemically marginalized community members
during the ideation phase of and throughout the
planning and implementation processes to establish
and ensure priorities and criteria guide the project.
Project design promotes social connectedness for a
stronger community- social connections, education,
health, arts, culture, and safety.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
The developer is working with the community to
identify potential negative impacts and the planning
process and project is actively oriented to avoid or
mitigate those potential harms before the project is
finalized or construction begins.
Development connects to, highlights, and respects
community characteristics, local history, points of
interest, and key features.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
Project information, materials, and meetings are
communicated and available in real time in multiple
formats, presentation styles, and languages that are
representative of the impacted community.
Applicable (circle one): Y N N/A
Comments & Recommendations
7
Economic and Land Use
Process Considerations Outcome Considerations
Local community is given preference when hiring
consultants, contractors, and developers for project.
New capital or investment opportunities are created
to promote small business development,
arts/cultural-based businesses, and entrepreneurial
opportunities,
especially BIPOC-, immigrant-, or women-owned
businesses. Lease agreements give priority to
neighborhood business opportunities.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
The project will ensure that there is a community-
supported plan to maintain neighborhood
affordability and avoid cultural and physical
displacement.
Design contributes to distinct identities of local
cultural heritage through the
presence, preservation, or addition of architectural
assets, utilizing principles of Universal Design where
able and appropriate.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
The project involves or supports a diverse range of
businesses and enterprises owned by people of color
to sustain a strong economic base and provide job
opportunities for the community. Economic impacts
are data-driven, and show anticipated positive
economic outcomes driven catalyzed by the project.
Project uses local workforce/education programs to
connect residents to long term employment within
the project and any business, organization, or
property management company occupying the final
development.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
8
Housing
Process Considerations Outcome Considerations
The project positively reflects local housing needs as
outlined in the Opportunity Site Housing Policy.
Project increases the number of affordable units to
people at 30% - 50% of Area Median
Income.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
Developer commits to make units attainable via
reasonable screening criteria and security deposits,
and does not discriminate based on a resident’s
source of income.
Project supports a range of household types or life
stages that are dignified, safe, and designed with
durable materials. All new or renovated housing is
built or retrofitted with energy efficiency to reduce
utility bills for the residents, and is free from
environmental hazards.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
Developer commits to respectful and relational
management practices that create safety from
landlord harassment, including advance notice and
right to cure for any resident facing eviction, and a
stated just cause for the non renewal of any lease.
Housing is located near amenities (health and social
services, transportation, education, and quality job
opportunities) that promote walkability, livability,
and community.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
9
Transportation
Process Considerations Outcome Considerations
Development minimizes car-oriented design by
providing and increasing safe, attractive, and
convenient access for pedestrian, bicycle, transit, and
car sharing systems.
Presence of GPS, other wayfinding systems, and
mapping information for pedestrians, bicyclists, and
transit users is provided. Transit information must
be available in the
predominant languages used in Brooklyn Center,
with multi-language signage.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
Surface parking is limited, and all parking facilities
accommodate bicycle daily use and secure storage
and do not limit access of pedestrians.
The project supports public realm and streetscape
quality by including features such as as shade trees,
trash cans, places to sit, and pedestrian-scale
lighting.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
When located adjacent transit stops, clear and safe
connections to transit is provided.
Building frontage design contributes to a safe,
accessible and welcoming neighborhood
streetscape by adding green spaces and public art,
including public art created by local community
artists.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
10
Environment
Process Considerations Outcome Considerations
Developer demonstrates an understanding of
environmental justice and knows the local historical
impact of environmental racism and takes direction
from historically and systemically marginalized
people to ensure a new legacy of environmental
sustainability, economic prosperity and social vitality.
Both new development and repairs and
improvements of existing structures use
environmentally responsible, resource- and energy-
efficient materials that support the health of the
environment, local economy and the project’s
occupants and users. In addition to using
environmentally-friendly and energy-efficient
materials, both new
buildings and buildings identified for renovation
meets or exceeds Minnesota’s Sustainable Building
2030 Standards to measure and track energy and
water consumption.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
Development promotes or maintains access to public
green space with clear and safe physical and/or visual
connections.
Development not only remediates past pollution
and meets environmental standards on clean air,
water and soil, but actively restores and improves
environmental systems and habitats in the project
area. The project landscaping uses native plants and
grasses, while removing and/or discouraging
invasive plant species, utilizing integrated, visible
stormwater BMPs where possible.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
Development is aligned with state, regional, and local
climate resiliency goals and takes measures to reduce
adverse climate impacts. The project creates
opportunities for green industry to thrive in Brooklyn
Center.
Building and public space design reflects distinct
identities of local cultural heritage through the
presence, preservation, or addition of architectural
assets.
Applicable (circle one): Y N N/A
Comments & Recommendations
Applicable (circle one): Y N N/A
Comments & Recommendations
11
VI. Glossary and Resources
o links to city resources and dev app forms
o Opp site links
Terms
▪ Affordable
• Affordable housing is defined as when a household spends 30% or less of its
monthly income on housing costs.
▪ Area Median Income (AMI)
• The median income for a specific area, which means that half of the people there
earn above that, and half earn below. Income categories included: Extremely low
income = 30% AMI; Very-low income = 50% AMI; Low-income = 60% AMI; and
moderate income = 80% AMI
▪ Accessibility
• In Minnesota, at least 5% of rental units that are Type A must be accessible per ANSI
A117.1 Section 1003 of the 2020 Minnesota Accessibility Code.
▪ Community Members
• Includes community-based organizations, neighborhoods, and cultural groups.
▪ Community Engagement
• Community engagement involves residents or stakeholders, especially those who
are excluded and isolated, in collective action to create a healthy community.
Impacts of effective community engagement may include community healing,
reclaiming a healthy identity, reconnecting with culture and spirituality, building
relationships, and embracing individual and collective power.
▪ Community Wealth Building
• Community wealth building aims at improving the ability of communities and
individuals to increase asset ownership, anchor jobs locally, expand the provision of
public services, and ensure local economic stability.
▪ Community Power
• True decision-making power is given to communities that live, work, or have cultural
connections to the land in the areas that will be impacted by the project.
▪ Cultural Heritage
• An expression of the ways of living developed by a community and passed on from
generation to generation, including customs, practices, places, objects, artistic
expressions and values. Cultural Heritage is often expressed as either Intangible or
Tangible Cultural Heritage.
▪ Displacement
• Developers, banks, and government start to re-invest in disinvested neighborhoods,
new and different businesses open, and higher income households move in. Current
lower income residents can no longer afford housing and/or lose businesses and
cultural resources that were important to the character and social networks of their
communities.
12
▪ Economic Justice
• Encompasses the moral principles which guide us in designing our economic
institutions. To free each person to engage creatively in the unlimited work beyond
economics, that of the mind and the spirit.
▪ Environmental Impact
• Possible adverse effects caused by a development, industrial, or infrastructural
project or by the release of a substance in the environment.
▪ Environmental Justice
• Environmental justice is the fair treatment and meaningful involvement of all
people, regardless of race, color, national origin, or income, with respect to the
development, implementation, and enforcement of environmental laws,
regulations, and policies.
▪ Equity
• Just and fair inclusion where all can participate and prosper.
▪ Equitable Development
• Happens when low-income communities and communities of color participate in
and benefit from investments that shape their neighborhoods and regions, creating
healthy, vibrant communities of opportunity.
▪ Green Industry
• Green industry does not harm the environment and provides products or services
related to renewable energy, increased energy efficiency, clean transportation and
fuels, agriculture and natural (water) resource conservation, and pollution
prevention or environmental cleanup.
▪ BIPOC
• Black, Indigenous, and people of color.
▪ Living Wage
• The amount of income needed to provide a decent standard of living. It should pay
for the cost of living in any location.
▪ Livability
• The sum of the factors that add up to an individual, family, and/or community’s
quality of life - including the built and natural environments; economic prosperity;
social stability; equity and capital; educational opportunity; and cultural,
entertainment and recreation possibilities.
▪ Public Sector
• Government-controlled organizations, infrastructure, services, and efforts.
▪ Private Sector
• Organizations, services, and efforts owned, controlled, or managed by private
individuals or enterprises.
▪ Restorative
• Restorative development explicitly acknowledges and seeks to repair the harms of
structural racism through projects that proactively redirect power and benefits to
historically and systemically marginalized communities to heal on their own terms
and define their own futures.
▪ Regenerative
13
• Regenerative development intentionally seeds processes and practices that create
health, wealth and community power in ways that are renewed, cultivated and
sustained over time.
▪ Transit-oriented Development (TOD)
• Transit-oriented development creates compact, mixed-use communities near transit
where people enjoy easy access to jobs and services.
▪ Universal Design
• Universal design is the design of products and environments to be usable by all
people, to the greatest extent possible, without the need for adaptation or
specialized design.
▪ Upward Mobility
• The capacity or facility for rising to a higher social or economic position.
C ouncil/E DA Work Session
DAT E:8/28/2023
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:Res olu*on A mendment - The D aunte Wright and Kobe D imock-H eis ler Community S afety
and V iolence P reven*on A ct
Requested Council A con:
The C ity C ouncil deliberate and direct s taff regarding amendment of Res olu*on No. 2021-73 - The D aunte
Wright and Kobe D imock-H eisler C ommunity S afety and V iolence P reven*on A ct.
B ackground:
I n M ay 2021, the City Council adopted a res olu*on (R E S O LU T I O N N O. 2021-73) for the D aunte Wright
and Kobe D imock-H eis ler Community S afety and V iolence P reven*on A ct (s ee a>ached).
I n 2023, the C ity C ouncil directed staff schedule agenda item for the discussion and pos s ible amendment of
the D aunte Wright and Kobe D imock-H eisler C ommunity S afety and V iolence P reven*on A ct.
S taff has provided the a dra? amended res olu*on to the Council for the following tw o purposes :
1. S erve as a s tar*ng point for C ouncil's delibera*on
2. P rovide dra? amendments pertaining to the prac*cal, efficient, and effec*ve opera*onalizing of
res olu*on
S taff did not recommend amendments to overall policy or the underlying spirit of the original res olu*on.
A>ached is a copy of the original resolu*on and staff's dra? amended resolu*on that pertaining to
opera*onalizing the original res olu*on.
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Enhanced Community I mage, I nclusive C ommunity Engagement, S afe, S ecure, S table
Community, Customer I n*macy, O pera*onal Excellence
AT TA C H M E N TS :
D escrip*on U pload D ate Type
O riginal A dopted Res olu*on 2021-73 8/22/2023 Cover Memo
D ra? A mended Res olu*on 2021-73 (O pera*onal Version)8/22/2023 Cover Memo
1
Member Butler introduced the following resolution and moved its adoption:
RESOLUTION NO. 202l-73
RESOLUTION ADOPTING THE DAUNTE WRIGHT AND KOBE DIMOCK"
HEISLER COMMUNITY SAFETY AND VIOLENCE PREVENTION ACT
WHEREAS, the City of Brooklyn Center ("City',) can create a safer, healthier, more just,
and more thriving community by promoting a diversity of responses to our community’ s safety
needs that do not rely solely on our armed law enforcement officers; and
WHEREAS, many approaches have proven to be safe and effective for responding to
non-moving traffic offenses, low-level violations, to people with mental health needs or
disabilities, and to other similar situations that do not involve armed law enforcement officers;
and
WHEREAS, creating alterative responses in these situations will allow our law
enforcement officers to focus their time, training, and expertise on serious threats to the
immediate safety of our residents; and
WHEREAS, relying on our aimed law enforcement officers as first responders in these
situations has in some circumstances resulted in escalation, harm, and the tragic and potentially
avoidable loss of life for our residents, including Daunte Wright and Kobe Dimock-Heisler; and
2
WHEREAS, a diversity of approaches will improve overall public safety, better address
the root causes of many systemic issues, promote racial justice, better protect vulnerable
members of our community, and more efficiently allocate public resources while recognizing
there is still work to be done to address policing mindset and culture; and
WHEREAS, the residents of Brooklyn Center have demanded change in our City and
will help co-create new approaches to health and safety in our community, and this Act affirms
our commitment to an intentional, inclusive and collaborative process that involves City
leadership and the community working together to fully implement the intent this Act; and
WHEREAS, the City Council will be drawing upon the best aspects of many different
existing models and polices from all across the country in order to adapt them for our City with
the help of residents, experts and data analysis, and the City is committing to all of these
measures in a single, unified Act to deliver true transformational change for our community; and
WHEREAS, the City Council is committed to putting in the work necessary to bring
about changes as quickly as possible in how the City provides public safety while recognizing
that some of these measures will take longer to implement than others, and that additional work
remains to be done to create a healthier and more equitable community even beyond this Act.
NOW, THEREFORE, the City Council of the City of Brooklyn Center, Minnesota,
resolves as follows:
3
1. Act Adopted. The Daunte Wright and Kobe Dimock-Heisler Community Safety and
Violence Prevention Act ("Act") is hereby adopted for the City.
2. Co1mnunity Response Department. The City will create an unarmed Community Response
Department to respond to all incidents where a City resident is primarily experiencing a
medical, mental health, disability-related, or other behavioral or social need, including by the
creation of a Community Response Department consisting of trained medical and mental
health professionals, social workers; 01· other staff and volunteers, and by a dispatch system
routing appropriate calls to the Community Response Depa1tment and not to the Police
Department; and by any other appropriate changes in ordinance practices or policies,
3. Traffic Enforcement Department. The City will create an unarmed civilian Traffic
Enforcement Department to enforce all non-moving traffic violations in the City, including
by creating the civilian Traffic Enforcement Department and by any other appropriate
changes in ordinance, practices 01· policies, including restricting or eliminating the types of
traffic offenses enforced by the City's armed law enforcement patrol officers.
4. Department of Community Safety and Violence Prevention. The City will create a new
Department of Community Safety and Violence Prevention (the "department") that will be
responsible for overseeing all city agencies and city efforts regarding community health and
public safety, and ensuring a well-coordinated, public health-oriented approach throughout
om· city that relies upon a diversity of evidence-based approaches to public safety, and with a
Director who has appropriate credentials and experience including public health expe1tise,
4
and that at minimum the following existing and to-be-created City agencies will all rep01t
directly to the department and be subject to the authority of its Director: the Police
Department, the Fire Department, the Traffic Enforcement Depa1tment, and the Community
Response Department.
5, Community Safety and Violation Prevention Committee. The City will create a permanent
Community Safety and Violence Prevention Committee. The Director will provide the
Mayo1· with a list of candidates to serve on the committee and the Mayor will recommend
candidates to the City Council for appointment. A majority of the committee members must
be City residents with direct experience being arrested, detained, or having other similar
contact with Brooklyn Center Police, 01· have had direct contact with one 01· more of the other
services to be provided by the new Department. The City Council may appoint City staff to
se1ve as liaisons to the committee, but no City staff member will have a vote on the
committee. The committee will: review and make recommendations regarding the policing
response to recent protests; review the current collective bargaining agreement between the
City and the Police Depa1tment and make recommendations prior to the renegotiation of the
agreement and before its final approval; recommend the City Council create a separate and
permanent civilian oversight committee for the new Department; review Chapter 19 of the
City Code and make recommendations with regard to repealing or amending provisions or
penalties therein, including fines and fees; and periodically make any other recommendations
to the City Council related to initiating programs or policies to improve community health in
the City.
5
6. Use of Force, The City will review and update its policies, practices and training to more
appropriately regulate the use of force by its aimed law enforcement officers including, for
example, by requiring de-escalation, exhaustion of reasonable alternatives before using
deadly force, prohibitions on using deadly force in ce1tain situations including firing upon
moving vehicles, prohibiting certain uses of force or other policing tactics during First
Amendment protests and assemblies, and additional revisions as needed.
7. Citation and Summons for Low Level Offenses. To immediately prevent any further harm
and to better protect the peace and safety of all City residents while this Act is being fully
implemented, the City Council directs the City Manager to implement f01thwith a citywide
"citation and summons" policy requiring officers to issue citations only, and prohibiting
custodial arrests or consent searches of persons or vehicles, for any non-moving traffic
infraction, non-felony offense, or non-felony warrant, unless otherwise required by law, and
the Implementation Committee will make recommendations regarding making these policy
changes pe1manent and/or modifying them as needed, including by appropriate changes in
ordinance, practices or policies.
8. Implementation Committee. The City will create a Community Safety and Violence
Prevention Implementation Committee ("Implementation Committee"), including residents
from the City and other local, state and national expe1ts in public health-oriented approaches
to community safety, to be chaired by the Mayor, and with members recommended by the
Mayor and confirmed by the City Council, that will propose amendments, ordinances,
6
resolutions, policies, guidelines or other recommendations for the review, adoption and/or
implementation by City Council or City staff, as appropriate, that would fully implement the
will and intent of City Council as expressed in this Act. The City Council may appoint City
staff to serve as liaisons to the Implementation Committee, but City staff shall not have a
vote on the committee. The Implementation Committee shall provide its recommendations
directly to the City Council.
9. Community Involvement. The Implementation Committee will ensure the community has
the opportunity to review and comment upon the all implementation plans, including by
making periodic progress reports in open City Council meetings monthly, or more frequently
upon the Council's request; that the Implementation Committee is empowered to explore
external sources of funding to implement the Act and that the City may retain additional
counsel, temporary staff, and consultants as reasonable and necessary to enable the
Implementation Committee to complete its work; and the Implementation Committee will
present recommendations to City Council for initial consideration not later than 180 days
from the date of this Act.
10. Implementation and Staff Supp01t. The directives contained in this Act shall be carded out
in compliance with the law and the City Chatter. The City Attorney, City Manager, Chief of
Police and other City personnel are authorized and directed to provide all necessary assistance
and support to all committees created pursuant to this Act, including by supplying the
committees with any and all data necessary to perform their duties, including confidential 01·
private data as requested with appropriate protections, and budgetary, staffing or other
7
information, and assisting with the crafting of amendments, ordinances, or policies as
requested by the Implementation Committee, This Act authorizes, to the greatest extent
possible, the implementation of the measures identified herein without further policy
approvals from the City Council. To the extent additional approvals are needed, or legal
barriers are identified, in the implementation of these measures or the recommendations of
the Implementation Committee, the City Manager or City Attorney are directed to bring
those issues to the City Council's attention for fu1ther direction 01· action as needed,
May 15, 2021
Date
ATTEST: - M\' ---- "--_
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Graves
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Elliott, Graves, Ryan
and the following voted against the same:
Lawrence-Anderson·
whereupon said resolution was declared duly passed and adopted.
1
RESOLUTION NO. 202l-73 (Amended 2023-01)
RESOLUTION ADOPTING THE DAUNTE WRIGHT AND KOBE DIMOCK"
HEISLER COMMUNITY SAFETY AND VIOLENCE PREVENTION ACT
WHEREAS, the City of Brooklyn Center ("City',) can create a safer, healthier, more just,
and more thriving community by promoting a diversity of responses to our community’ s safety
needs that do not rely solely on our armed law enforcement officers; and
WHEREAS, many approaches have proven to be safe and effective for responding to
non-moving traffic offenses, low-level violations, to people with mental health needs or
disabilities, and to other similar situations that do not involve armed law enforcement officers;
and
WHEREAS, creating alterative responses in these situations will allow our law
enforcement officers to focus their time, training, and expertise on serious threats to the
immediate safety of our residents; and
WHEREAS, relying on our aimed law enforcement officers as first responders in these
situations has in some circumstances resulted in escalation, harm, and the tragic and potentially
avoidable loss of life for our residents, including Daunte Wright and Kobe Dimock-Heisler; and
WHEREAS, a diversity of approaches will improve overall public safety, better address
the root causes of many systemic issues, promote racial justice, better protect vulnerable
2
members of our community, and more efficiently allocate public resources while recognizing
there is still work to be done to address policing mindset and culture; and
WHEREAS, the residents of Brooklyn Center have demanded change in our City and
will help co-create new approaches to health and safety in our community, and this Act affirms
our commitment to an intentional, inclusive and collaborative process that involves City
leadership and the community working together to fully implement the intent this Act; and
WHEREAS, the City Council will be drawing upon the best aspects of many different
existing models and polices from all across the country in order to adapt them for our City with
the help of residents, experts and data analysis, and the City is committing to all of these
measures in a single, unified Act to deliver true transformational change for our community; and
WHEREAS, the City Council is committed to putting in the work necessary to bring
about changes as quickly as possible in how the City provides public safety while recognizing
that some of these measures will take longer to implement than others, and that additional work
remains to be done to create a healthier and more equitable community even beyond this Act.
NOW, THEREFORE, the City Council of the City of Brooklyn Center, Minnesota,
resolves as follows:
3
1. Amend the Adopted Act Adopted. The Daunte Wright and Kobe Dimock-Heisler
Community Safety and Violence Prevention Act ("Act") is hereby adopted for the
City.
2. Community Alternative Response government unit Department. The City will create an
unarmed Community Alternative Response government unit Department to respond to all
incidents where a City resident is primarily experiencing a medical, mental health,
disability-related, or other behavioral or social need. , including by the creation of a The
Community Alternative Response government unit Department shall provide consisting of
trained medical and mental health professionals, social workers or other staff and volunteers.
, and by a Services provided by the Community Alternative Response government unit shall
be dispatched by the Hennepin County 911 call system. system routing appropriate calls to
the Community Response Government Unit Department and not to the Police Department;
and by any other appropriate changes in ordinance practices or policies,
3. Non-Moving Traffic Violation Enforcement government unit Department. The City will
create an unarmed civilian Non-Moving Traffic Violation Enforcement government unit
Department to enforce all non-moving traffic violations in the City., including by creating
the civilian Traffic Enforcement Department and by any other appropriate changes in
ordinance, practices or policies, including restricting or eliminating the types of traffic
offenses enforced by the City's armed law enforcement patrol officers.
4. Community Prevention, Health, and Safety government unit Department of Community
4
Safety and Violence Prevention. The City will create a new government unit Department of
Community Prevention, Health, and Safety and Violence Prevention (the "government unit
Department") that will be responsible for coordinating with overseeing all city agencies and
citywide efforts regarding community prevention, health and public safety and ensuring a
well-coordinated, public health-oriented approach throughout our city that relies upon a
diversity of evidence-based prevention and intervention approaches to public safety, and with
a Director who has appropriate credentials and experience including public health expertise,
community prevention and intervention in public safety, and that at minimum the following
will have oversight of governmental units of Community Alternative Response and Non-
Moving Traffic Violation Enforcement existing and to-be-created City agencies will all
report directly to the Department and be subject to the authority of its Director: the Police
Department, the Fire Department, the Traffic Enforcement Department , and the Community
Response Department.
5. Community Health, Safety and Violence Violation Prevention Commission Committee. The
City will create a permanent Community Safety and Violence Prevention Commission
Committee. The Director will provide the Mayor with a list of candidates to serve on the
Commission Committee and the Mayor will recommend candidates to the City Council for
appointment. A majority of the Commission Committee members must be a majority of City
residents with direct experience being arrested, detained, or having other similar contact with
Brooklyn Center Police, or have had direct contact with one or more of the other services to be
provided by the new government unit Department. The Director of Department of
Community Prevention, Health, and Safety government unit and Violence Prevention shall
5
serve as liaison to the Commission and with collaboration of all related city governmental
units (i.e. police, recreation, fire, community development, etc.).
The City Council may appoint City staff to serve as liaisons to the committee, but no City staff
member will have a vote on the committee. The Commission committee will review and make
recommendations regarding the policing response to recent protests; review the current collective
bargaining agreement between the City and the Police Department and make recommendations
prior to the renegotiation of the agreement and before its final approval; recommend the City
Council create a separate and permanent civilian oversight committee for the new Government
Unit Department; review Chapter 19 of the City Code and make recommendations with regard
to repealing or amending provisions or penalties therein, including fines and fees; and
periodically make any other recommendations to the City Council related to initiating programs
or policies to improve community health and safety in the City.
6
6. Use of Force, The City will review and update its policies, practices and training to more
appropriately regulate the use of force by its aimed law enforcement officers including, for
example, by requiring de-escalation, exhaustion of reasonable alternatives before using
deadly force, prohibitions on using deadly force in certain situations including firing upon
moving vehicles, prohibiting certain uses of force or other policing tactics during First
Amendment protests and assemblies, and additional revisions as needed.
7. Citation and Summons for Low Level Offenses. To immediately prevent any further harm
and to better protect the peace and safety of all City residents while this Act is being fully
implemented, the City Council directs the City Manager to implement forthwith a citywide
"citation and summons" policy requiring officers to issue citations only, and prohibiting
custodial arrests or consent searches of persons or vehicles, for any non-moving traffic
infraction, non-felony offense, or non-felony warrant, unless otherwise required by law, and
the Implementation Committee will make recommendations regarding making these policy
changes permanent and/or modifying them as needed, including by appropriate changes in
ordinance, practices or policies.
8. Implementation Committee. The City will create a Community Safety and Violence
Prevention Implementation Committee ("Implementation Committee"), including residents
from the City and other local, state and national expe1ts in public health-oriented approaches
to community safety, to be chaired by the Mayor, and with members recommended by the
Mayor and confirmed by the City Council, that will propose amendments, ordinances,
7
resolutions, policies, guidelines or other recommendations for the review, adoption and/or
implementation by City Council or City staff, as appropriate, that would fully implement the
will and intent of City Council as expressed in this Act. The City Council may appoint City
staff to serve as liaisons to the Implementation Committee, but City staff shall not have a
vote on the committee. The Implementation Committee shall provide its recommendations
directly to the City Council.
9. Community Involvement. The Implementation Committee will ensure the community has
the opportunity to review and comment upon the all implementation plans, including by
making periodic progress reports in open City Council meetings monthly, or more frequently
upon the Council's request; that the Community Health, Safety and Violence Prevention
Commission is empowered to assist the City in exploring external sources of funding to implement the
Act. that the Implementation Committee is empowered to explore external sources of
funding to implement the Act and that the City may retain additional counsel, temporary
staff, and consultants as reasonable and necessary to enable the Implementation
Committee to complete its work; and the Implementation Committee will present
recommendations to City Council for initial consideration not later than 180 days from the
date of this Act.
10. Implementation and Staff Support. The directives contained in this Act shall be carded out
in compliance with the law and the City Charter. The City Attorney, City Manager, Chief of
Police and other City personnel are authorized and directed to provide all necessary assistance
and support to all committees created pursuant to this Act, including by supplying the
committees with any and all data necessary to perform their duties, including confidential or
8
private data as requested with appropriate protections, and budgetary, staffing or other
information, and assisting with the crafting of amendments, ordinances, or policies as
requested by the Implementation Committee.
This Act authorizes, to the greatest extent possible, the implementation of the measures
identified herein without further policy approvals from the City Council. To the extent
additional approvals are needed, or legal barriers are identified, in the implementation of
these measures or the recommendations of the Implementation Committee, the City Manager
or City Attorney are directed to bring those issues to the City Council's attention for further
direction or action as needed.
Mayor
Date
ATTEST:______________________________
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
whereupon said resolution was declared duly passed and adopted.
C ouncil/E DA Work Session
DAT E:8/28/2023
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)
Beau/fica/on and P ublic A rt C ommis s ion
Liquor S tore 2
O rganiza/onal 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
G rants: Revenues & Expens es
P urchasing Policy
Commercial Vacant Building Fees
I nterveners I mpact
Revis it Resolu/on 2021-73
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values: