HomeMy WebLinkAbout09-25-23 CCPCouncil Study Session
City Hall Council Chambers
S eptember 25, 2023 AGE NDA
1.City Council Discussion of Agenda Items and Questions - 6 p.m.
2.M iscellaneous
3.Discussion of Work S ession Agenda Item as T ime P ermits
4.Adjourn
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
S eptember 25, 2023
AGE NDA
1.Informal Open Forum with City Council - 6:45 p.m.
T his is an opportunity for the p ublic to ad d res s the C ity C o uncil o n items that are no t o n the
agenda. It is limited to 15 minutes , it is not televis ed , and it may not be us ed to make pers onal
attacks , air personality grievances, make political endorsements, or for political campaign
purposes. C o uncil Memb ers will not enter into a d ialo gue with the p res enter. Q ues tions from
the C ounc il will be fo r c larificatio n p urpos es o nly. It will no t b e us ed as a time for problem-
s olving o r reac ting to the comments mad e but, rather, for hearing the pres enter for
informational purposes only.
T he firs t call will b e for thos e that have no tified the C lerk that they would like to s p eak during
the open forum, and then ask if anyo ne c onnected to this meeting would like to s p eak. W hen
called up o n, p leas e indic ate yo ur name and then p ro ceed. P leas e b e s ure to s tate your name
and addres s before s peaking.
2.Invocation - Kragness - 7 p.m.
3.Call to Order Regular Business M eeting
Attendees please turn o ff cell phones and pages during the meeting. A copy of the full me e ting packet
is available in the binder at the entrance to the Council Chambers.
4.Roll Call
5.P ledge of Allegiance
6.Approval of Agenda and Consent Agenda
These items are considered to be routine by the C ity Council and will be enacted by one
motion. There isn't a separate discussion for these items unless a Counc ilmember so requests,
then it is moved to the end of the Council Consideration I tems.
a.Approval of Minutes
- Motion to approve the following meetings:
9/11/23 Study Session
9/11/23 Regul ar Session
9/11/23 Work Session
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.Resolution A ccepting Work Performed and Authorizing Final P ayment,
I mprovement Project No. 2021-12, 2022 53rd Avenue Mill and Overlay
Project
- Motion to approve a resolution accepting work performed and authorizing
final payment, Improvement Project No. 2021-12, 2022 53rd Avenue Mill
and Overlay Project.
d.Resolution A ccepting F easibility Report and Calling for an I mprovement
Public Hearing for I mprovement P roject No. 2024-01, Orchard L ane East
I mprovements
- Motion to approve a resolution accepting feasibility report and calling for
an improvement public heari ng for Improvement Project No. 2024-01,
Orchard Lane East Improvements.
e.Resolution A mending the City of Brooklyn Center F ee Schedule Relating to
L icensing of the Sale of Edible Cannabinoid P roducts
- motion to approve a resolution amending the City of Brooklyn Center Fee
Schedule relating to Licensing of the Sale of Edible Cannabinoid Products
7.P resentations/Proclamations/Recognitions/Donations
a.Community I ntervenor Update
Council hear and accept staff's presentation regarding the City's
Community Intervener Public Safety Strategy update.
8.P ublic Hearings
9.P lanning Commission Items
10.Council Consideration Items
a.Resolution A pproving the Preliminary 2024 Property Tax L evy and P reliminary
Budget
- It is recommended that the City Council consider approval of two
resolutions of setting the 2024 preliminary property tax levy and preliminary
budget.
11.Council Report
12.Adjournment
C ouncil R egular M eeng
DAT E:9/25/2023
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:
9/11/23 Study Session
9/11/23 Regular Session
9/11/23 Work Session
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee6ngs 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 escrip6on U pload D ate Type
9.11 S tudy S es s ion 9/18/2023 Backup M aterial
9.11 Regular S ession 9/18/2023 Backup M aterial
9.11 Work S es s ion 9/18/2023 Backup M aterial
9/11/23 -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
SEPTEMBER 11, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in a Study Session called to order by Mayor April Graves
at 6:05 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler (arrived at 6:12 p.m.), Kris Lawrence-
Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards,
Director of Fiscal & Support Services Angela Holm, Community Development Director Jesse
Anderson, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Lawrence-Anderson requested the CC/FC Work Session from August 19, 2023,
to be redone to show a consensus regarding an Assistant City Manager. City Manager Reggie
Edwards stated he doesn’t recall a specific consensus made by the attendees, but staff will review
the recording to see if there was an official consensus.
Councilmember Kragness added her name was spelled wrong on the Roll Call portion of the
CC/FC Work Session from August 19, 2023.
MISCELLANEOUS
Councilmember Jerzak stated there was a check for $62,000 for fire cleanup. He asked if the
deductible was accessed for the payment and if the City would receive any reimbursement from
the insurance.
Councilmember Jerzak added there was a check listed under redevelopment for the Economic
Development Authority (EDA) for $8,362.45 for a commercial door. He asked why the City would
pay for an item when the produce store had already received a $70,000 loan.
Dr. Edwards stated that staff would look into the checks and craft a response for the Council to be
emailed.
Councilmember Lawrence-Anderson noted the City Website is requesting nominations regarding
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random acts of kindness. Last year’s event was nice, but she would prefer something more frugal.
However, there should be more than just reading the nominations at a Council meeting.
Mayor Graves asked how much the previous year’s event cost. Dr. Edwards stated he would find
the number spent on the event, and staff would return to the Council with an agenda item to discuss
the next event further.
Councilmember Kragness noted her appreciation of the dinner and formal recognition. There may
be a more affordable way to host a dinner.
Councilmember Marquita Butler arrived at 6:12 p.m.
Councilmember Lawrence-Anderson stated the departure of the Police Chief is concerning. She
asked what the plan is for recruitment and to restabilize the Police Department.
Dr. Edwards stated that the staff is seeking a recruitment firm to find a replacement. Chief
McDaniel will remain in his position until January 31, 2024. Therefore, there is a desire for overlap
with the new Chief to create a smoother transition.
Mayor Graves asked if the interview process would be more involved than it was to find Chief
McDaniel. Dr. Edwards confirmed the new standard for finding Directors and Chiefs will remain
in place.
Councilmember Jerzak stated he sent two corrections from the minutes to Ms. Suciu. There were
no objections from the rest of the Council. Assistant City Manager/City Clerk Barb Suciu stated
they would pull all of the minutes from the consent agenda and bring them back to the Council in
the future.
Councilmember Lawrence-Anderson stated she would like to know the status of the audit and
when it will be presented. Dr. Edwards stated that there were no updates to report since the previous
budget meeting.
Director of Fiscal & Support Services Angela Holm stated the auditors will be on-site on Thursday,
September 14, for some final information gathering. She added the audit should be complete within
the next couple of weeks.
Councilmember Jerzak stated the Council doesn’t seem to have all the necessary information to
consider the budget. For example, the EDA budget and grant disbursements have not been
presented to the Council. He suggested scheduling another meeting to discuss the missing elements
before voting on the levy.
Dr. Edwards stated the EDA budget and special revenue fund information won’t be available until
October. The Council has to adopt a preliminary levy on September 25, 2023, per State regulations.
The preliminary levy can be decreased after that time.
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Councilmember Jerzak asked why the documents won’t be available until October. Dr. Edwards
stated that the staff was following the process set by the Council. Staff prioritized documentation
of items required to set the budget, but the revenues and EDA budget do not determine the levy.
The timeline allows for all information to be reviewed before the final levy has to be set.
Councilmember Jerzak stated he understands the explanation, but the process makes him
uncomfortable. He will have to be particularly conservative with his decision-making.
Councilmember Kragness noted she feels rushed into the levy decision. Mayor Graves stated there
is a deadline to set the preliminary levy, and there is a presentation on the agenda regarding the
levy.
Dr. Edwards stated the Council is not being asked to vote on the levy or budget tonight. Instead,
the presentation is a request for the City Council to provide direction on the budget and to answer
any questions of the Council.
Councilmember Kragness pointed out she would like an additional meeting if her concerns are not
addressed with the presentation on the agenda. Councilmember Lawrence-Anderson agreed she is
not comfortable with an 8.5 percent levy.
Mayor Graves stated any additional discussion regarding the levy should be held during the
appropriate agenda item.
Mayor Graves asked for an update on the Multi-Cultural Advisory Committee. The Council has
previously expressed concerns with the application process for the Committee. She asked if the
application process had been updated at all.
Dr. Edwards stated staff could gather the information and make a report to the Council. Mayor
Graves requested the new liaison be part of the presentation so she is able to meet the rest of the
Council.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
OPPORTUNITY SITE PHASE 1 UPDATE
City Manager Reggie Edwards introduced the item and invited Community Development Director
Jesse Anderson and EDA Project Management Ehlers representative Jason Aarsvold to continue
the presentation.
Mr. Anderson explained in May 2023, staff updated the City Council on the status of Alatus’
Opportunity Site Phase 1 project. The update noted several challenges, including the fact that
project costs increased to over $159 million, interest rates increased dramatically, and the
Entrepreneurial Market Plaza (EMP) project, conceived at 30,000 square feet, would be too large
to pay for and operate.
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Mr. Anderson pointed out that to help mitigate these challenges, the City Council authorized Staff
to explore an option to provide up-front funding for the project by issuing general obligation bonds.
Alatus determined this up-front assistance may help secure the remaining financing for the project
in a difficult financing environment.
Mr. Anderson noted, in addition to exploring this up-front financing option, Staff and the developer
also took the following steps to improve financial feasibility, including the preparation of scenarios
for up-front bond financing, the addition of units and altered unit mix for Alatus’ rental buildings,
reworking od assumptions around the EMP to achieve a more financially feasible project, securing
additional grant funding, helped Project for Pride in Living reapply for tax credits and exploration
of infrastructure savings options.
Mr. Anderson stated despite these additional measures, Alatus indicated they will not be able to
move the project forward in 2023. Alatus remains committed to the project and intends to continue
working diligently with the City to get the project done. Larger economic forces outside the City’s
control are simply preventing the project from moving forward. Alatus hopes that by the middle
of 2024, circumstances will allow the project to move forward.
Mr. Anderson introduced Bob Lux, President and CEO of Alatus, to further detailed reasons for
the delay and to discuss how they intend to move forward from here.
Mr. Lux stated there are a number of factors working against them. For example, the interest rates
rising to such a high level is an issue. The typical banks that fund such projects have essentially
discontinued lending because they are not receiving deposits. The same story is true with equity
partners as they have seized up.
Mr. Lux stated he still believes in the project and the aspirations of the Brooklyn Center
community. They are seeking bids again for construction. There has been a rampant uptick in costs
that has somewhat cooled down. The hope is that the bids will be lower and that Alatus can return
to the Council with the lower bids and secured debt and equity partners. One suggestion is to
remove the Entrepreneurial Marketplace requirement to move forward with the market-rate units.
Mayor Graves stated that the Entrepreneurial Marketplace (EMP) was a key component of the
Community Benefits Agreement, so she doesn’t want it lost. Mr. Lux stated he also wants the EMP,
and there is potential for one to be funded in another space in the interim. It would be a huge first
step to get the apartments built, and then the reserved EMP space can be implemented once the
guidelines for the EMP are set.
Councilmember Lawrence-Anderson asked what the current distribution of units is. Mr. Lux stated
the first building is only market-rate units, and there would be around 275 units. There are several
current and upcoming affordable units in the City so the market-rate units will be an alternative
option for a new group of renters. The market-rate units are still reasonable for the upper Area
Median Income (AMI) percentages.
9/11/23 -5- DRAFT
Councilmember Lawrence-Anderson stated she would like to see the project move forward, but
they already should have broken ground. Mr. Lux noted his agreement. The project has included a
large amount of community engagement, which has greatly informed and improved the project.
However, the timing required for the engagement resulted in the developer missing the financial
window of opportunity.
Councilmember Lawrence-Anderson asked how a similar project in Columbia Heights is doing.
Mr. Lux stated the building is just under 300 units, including some co-living units. Of the 266
regular units, around 95 percent are leased. Councilmember Lawrence-Anderson stated the
building is very attractive and well done.
Councilmember Jerzak asked if something could entice investors that is more within the
developer’s control. He asked if any opportunities were missed throughout the process. The City
can only provide so much support, yet the developer keeps returning to ask for more help.
Mr. Lux stated his best suggestion is to release the EMP from the original funding. The cost of the
EMP being attached to the initial building creates a higher price-per-unit than funders like to see.
Other than that, the markets haven’t allowed any projects to move forward. Alatus hasn’t closed a
project in over a year. The interest rates need to stabilize.
Councilmember Jerzak stated he wants the Opportunity Site to move forward, but it just becomes
empty promises at some point. He asked how the market has impacted the firm. Mr. Lux stated the
firm went from 18 to 12 employees just two weeks prior.
Mayor Graves stated they would return to address the item during the Work Session.
ADJOURNMENT
Mayor Graves closed the Study Session at 6:44 p.m.
9/11/23 -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
SEPTEMBER 11, 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 an Informal Open Forum called to order by Mayor April
Graves at 6:44 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, Director of Fiscal &
Support Services Angela Holm, Community Development Director Jesse Anderson, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
Mayor April Graves opened the meeting for the purpose of an Informal Open Forum.
Julie B. stated that several community members are interested in bringing back fireworks. She
asked what was previously spent on fireworks. It can be extremely expensive. Also, fireworks
harm the environment, such as the bees.
Julie B. added she would like the Council to receive formal education about grants and how they
work. The Council needs a concrete understanding regarding grants to make informed financial
decisions.
Diane S. asked for the previous year's random acts of kindness nominations to be reflected in some
minutes. Also, the nominees were not given details of if their nomination went through, nor did
the nominees receive details about why they were nominated. Councilmember Lawrence-
Anderson stated that the Council plans to discuss the event in the near future.
Randy C. reminded everyone the budget went up 5.9 percent and the levy was 6.9 percent. It is
unclear what happened to the one percent difference.
Councilmember Jerzak moved, and Councilmember Kragness seconded to close the Informal
Open Forum at 6:59 p.m.
Motion passed unanimously.
9/11/23 -2- DRAFT
Recess and Reconvene
Mayor Graves called for a brief recess at 6:55 p.m. She reconvened the meeting to order at 7:02
p.m.
2. INVOCATION
Mayor Graves stated it has been nine months since being elected as Mayor. It has been hard. She
has often felt frustrated in her role, but many circumstances have given her joy and hope. She has
felt very underappreciated between her full-time job doing violence prevention and serving as
Mayor. She explained she is grateful for the Staff, fellow Councilmembers, and community of
Brooklyn Center. She asked everyone to put aside their differences to consider what is best for the
whole community.
Mayor Graves explained her full-time role has been pushed out of the Public Health Department,
and her team feels unsupported and discouraged. She has felt similarly regarding the work the
Council has been doing. It takes a toll for her to put her best into the role, and she has sacrificed
countless times with her family to better Brooklyn Center.
Mayor Graves stated she found some poetry she wrote ten years ago. She read the two poems for
her invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in a Regular Session called to order by Mayor April Graves
at 7:13 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, Director of Fiscal &
Support Services Angela Holm, Community Development Director Jesse Anderson, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Graves moved, and Councilmember Jerzak seconded to approve the Agenda and Consent
Agenda, as amended, and the following consent items were approved:
6b. LICENSES
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MECHANICAL
Action Heating & A/C 8140 Arthur Street NE
Spring Lake Park 55432
Metro Heating, Cooling, 16890 Welcome Avenue SE,
Plumbing & Electrical LLC Prior Lake 55372
O'Boys Heating & Air 12328 Peony Lane,
Rogers 55374
Recher HVAC 1125 Mississippi Drive N,
Champlin 55316
Top Tier Heating and Air 16015 Central Avenue NE,
Conditioning Ham Lake 55304
RENTAL
INITIAL (TYPE IV – six-month license)
5956 Beard Avenue N Hp Minnesota I Llc
INITIAL (TYPE III – one-year license)
4224 Winchester Lane Estherra Properties
INITIAL (TYPE II – two-year license)
7219 Girard Avenue N R & M Real Estate
RENEWAL (TYPE IV – six-month license)
3513 47th Avenue N 6939 Baird Llc
5500 Bryant Avenue N N Mejia-morales & V Idrovo
4201 Lakeside Avenue N, #104 Jmg Property Llc
2618 64th Avenue N SFR II BORROWER 2021-3 LLC
3701 66th Avenue N Victor O Ogunbanwo
4213 63rd Avenue N Buster F Fallah
6424 Marlin Drive CJ Bright & QK Fank
6937 Palmer Lake Drive W Michael T Brooks
RENEWAL (TYPE III – one-year license)
5200 63rd Avenue N Smc Real Estate Llc
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5510 France Avenue N Iasis I LLC
6620 Bryant Avenue N Vera Dixon
RENEWAL (TYPE II – two-year license)
6212 Chowen Avenue N Doreen Kalema
RENEWAL (TYPE I – three-year license)
3614 50th Avenue N Devlin Wubbena
5006 Howe Lane AUX FUNDING LLC
6009 Aldrich Avenue N RRE Ventures LLC
6325 Brooklyn Boulevard Obafemi Oladeji & Olajumoke Oladeji
6512 Indiana Avenue N Carlos Bunay
7225 Kyle Avenue N Bikona Ontime Service
6c. AN ORDINANCE NO. 2023-07; AMENDING CHAPTER 35 OF THE CITY
CODE OF ORDINANCE REGARDING APPLICATION REQUIREMENTS
FOR LAND DISTURBANCE PERMITS
6d. RESOLUTION NO: 2023-83; REQUESTING AN AMENDMENT TO THE
BYLAWS OF THE CITY OF BROOKLYN CENTER FIRE DEPARTMENT
RELIEF ASSOCIATION TO INCREASE THE LUMP SUM BENEFIT TO
$12,000 PER YEAR
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. NORTHWEST TOURISM PRESENTATION
Dr. Edwards introduced the item and invited Cyd Haynes, the Interim CEO of Minneapolis
Northwest Tourism, to continue the presentation.
Ms. Haynes explained the mission is to support the community's economy by promoting its unique
attributes to attract visitors and create meaningful experiences in Minneapolis Northwest. Visitors
spend about 30 percent on lodging. Brooklyn Center has a lodging tax revenue of six percent, three
of which go to the general fund and three percent to Minneapolis Northwest Tourism. In Brooklyn
Center, there are ten hotels with 1,075 rooms. In Brooklyn Park, there are four hotels with 559
rooms. However, the average daily rate in Brooklyn Park is somewhat higher. Therefore, about
half the funding for Minneapolis Northwest comes from each City.
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Ms. Haynes showed a graph depicting the occupancy rates from 2019 through 2022. 2022 ended
within 5 percent of the 2019 rates. 2023 occupancy rates are expected to increase by ten percent
on average.
Ms. Haynes stated Northwest Tourism has completed a number of marketing actions through the
website, social media, media coverage, visitor guides, hotel placement, and local business support.
She showed samples of email newsletters, native ads, blogs, and television coverage. There was a
culinary tour that successfully showcased the area's diversity.
Ms. Haynes noted Northwest Tourism continues to work closely with hotels to promote local
restaurants. The Google profiles project and Google transformations are ongoing to improve
impressions of visitor-facing businesses.
Ms. Haynes stated they attend conventions year-round. There was a focus on sports with the
conventions. They also awarded nine event assistance fund awards. It only cost the Tourism group
$10,000, resulting in $446,000 in economic impact. Ms. Haynes explained that 74 leads were sent
to hotels. The economic impact was $6.85 million. The 2023 focus is less on sports and more on
cultural tourism.
Ms. Haynes pointed out 202 organizational action highlights, including stakeholder assessment,
new bylaws, strengthened relationships with member cities, Culinary Tour event, hospitality
rockstar, and visitor analytics data.
Ms. Haynes explained visitor analytics focused on mapping visitors outside the Twin Cities. About
75 percent of visitors to Edinburgh stayed in a hotel within Minneapolis Northwest. However, only
37 percent of Topgolf visitors stayed in Minneapolis or Bloomington. Analytics were used to track
visitor behavior, deliver proofs for initiatives, create new initiatives, crime deterrence, and assist
businesses in understanding customer reach.
Ms. Haynes showed the progression of the budget from 2022 to the present. The budgets ranged
from $1.2 million to $1.4 million. Staffing varied from 3 to 4.5 full-time positions. The expected
2024 budget is $1.437 million. Highlights include organizational stability, strategic planning,
content development, Mississippi River highlights, local business partnerships, hotel partner
support, GPS analytics, event creation, connector programming, and increased prospecting of
cultural tourism.
Councilmember Lawrence-Anderson thanked Ms. Haynes for the presentation and noted she has
done a great job to support both Brooklyn Center and Brooklyn Park.
Mayor Graves asked for an overview of the revisioning process. Ms. Haynes stated three major
themes from the process: rebranding the area to be seen as one entity, highlighting cultural diversity,
and restructuring some governance groups.
Councilmember Kragness agreed the Minneapolis Northwest Tourism Group has done a great job.
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7b. 2024 PRELIMINARY BUDGET
Dr. Edwards presented a budget overview in the August 30, 2023, City Council-Financial
Commission Joint Work Session that included operating budget policies, revenue policies, budget
goals and outcomes, market value trends, and property tax implications. Subsequent Joint Work
Sessions held on July 22 and August 19 were dedicated to budget request presentations by
department directors.
Dr. Edwards noted the preliminary review of the 2024 budget, based on departmental requests,
would have required a levy increase of approximately $3,800,000, which is 19.22 percent. Since
then, Staff worked to reduce the preliminary levy by $1,871,493, resulting in a preliminary levy
increase of 8.5 percent. The levy can be reduced, but it cannot be increased.
Dr. Edwards pointed out there are a number of considerations going into the budget process. The
community is still healing from previous years' unprecedented events. Also, the market and
econom y are difficult. Staff also heavily relies on the strategic priorities and direction of the
Council. The budget must also consider the context; Brooklyn Center is a very dense community
with a high concentration of poverty.
Dr. Edwards stated the proposed budget was developed to balance the needs for economic growth,
health and well-being of people, longer-term fiscal stability, pursuit of City Council direction, and
providing City services at an affordable cost for residents.
Dr. Edwards stated the vision for Brooklyn Center is as a thriving, diverse community with a full
range of housing, business, cultural, and recreational offerings while being a safe and inclusive
place that people of all ages love to call home and visitors enjoy du e its convenient location and
commitment to health development. The mission of Brooklyn Center is to ensure an attractive,
clean, safe, and inclusive community that enhances the quality of life for all people and preserves
the public trust.
Dr. Edwards stated Brooklyn Center has values of customer intimacy, meaning a commitment to
serving each customer with dignity and respect, which requires seeking to understand the needs of
each customer and deliver quality service that will be understood and appreciated, and operational
excellence, which is a commitment to delivering quality services cost-effectively and efficiently
and to be good stewards of the limited resources made available by the citizens.
Dr. Edwards explained City outcomes include the existence of a healthy and safe residence, a
healthy and safe youth and their environment for seven generations to come, equitable and diverse
businesses, an equitable, stable, and diverse tax base, a public trust, people feeling welcomed,
residents feeling a sense of community pride, equitably diverse housing without gentrification or
displacement, an increased household median income without harm, and a clean and safe human
environment.
Dr. Edwards added the strategic priorities of the City are an enhanced community image, resident
economic stability, inclusive community engagement, inclusive community engagement, targeted
9/11/23 -7- DRAFT
redevelopment, safe, secure, and stable community, and key transportation investments.
Dr. Edwards pointed out the 2024 budget strategies include balanced strategic direction and fiscal
capacity, fulfillment of State Statutes, maintaining and sustaining current operations, staff stability,
public safety, and advancing strategic priorities and operational opportunities.
Dr. Edwards noted priorities shared by the participants in a recent joint City Council/Financial
Commission meeting. The top four were a three percent increase in staff wages, a 24-hour duty
crew, fleet maintenance replacement, and the addition of a Police Sergeant. Other priorities
included adding two police officers, winter salt and sand, a Deputy City Manager, crime prevention
and intervention programming, and a 0.75 Litter/Public Art position.
Dr. Edwards stated the operational increase for 2024 is proposed at $1.12 million, which is a 4.98
percent increase. This amount is the minimum requirement to maintain services. The new proposed
levy increase is $2.68 million, an 11.9 percent levy. In 2024, the total requested levy increase is
16.88 percent, combined with the operational cost increase and the new proposed levy increase.
The proposed 2024 levy increase is 8.5 percent, reflecting $1.9 million. The total requested levy
increase in 2023 was 17.2 percent, but the actual levy increase was 6.9 percent.
Dr. Edwards stated there are a number of factors influencing the 2024 budget. There are lower
revenue calculations with a decrease of $1.2 million due to permit fees. There is a lower employee
vacancy rate, which results in an excess of only $200,000. Lastly, the decreased lodging tax results
in a loss of revenue of $200,000. Overall, there is a lower fiscal capacity of the City.
Dr. Edwards pointed out there are a number of proposed 2024 budget highlights. $197,000 is
allocated for two full-time firefighters for a 24-hour duty crew. Staff cost of living and market
adjustment wage increases require $1 million. The fleet vehicle replacements and Central Garage
projects would cost $219,000. Also, the necessary winter salt and sand increase is $62,000.
Dr. Edwards showed a list of unfunded proposed items—the first couple allowed for savings. First,
$750,000 was for 2024 operational budget increases due to maintained 2023 expenditures and
$97,000 for a frozen Performance Analyst position. However, unfunded proposed items included
a $100,000 asphalt recycler, $81,000 for an Administrative Assistant, $167,000 for a Deputy City
Manager, $40,000 for a 0.50 full-time Utility Tech, $75,000 in crime prevention and intervention
funding, two additional full-time police officers at $216,000, one full-time Police Sergeant at
$162,000, one full-time Police Evidence Technician at $80,000, $80,000 for a 0.75 Litter/Public
Art position, a part-time seasonal worker wage increase, and a City celebration for $50,000, which
an enterprise fund would fund.
Director of Fiscal and Support Services Angela Holm explained that the City's current budget
policies provide a basic framework and assist in the decision-making process. Policies include a
balanced budget; current revenue should pay for current expenses, contingency of up to five
percent of the budget, providing adequate funding for capital replacement & maintenance, budget
should describe goals, services, and programs, and a targeted unassigned General Fund balance of
50 to 52 percent of the next year's General Fund budget.
9/11/23 -8- DRAFT
Mayor Graves asked why the audit process has been slower this year. Ms. Holm stated that a new
auditor was brought on, a standard change within the accounting world. The new auditor started
the process about two months later than an auditor normally would. Also, the Department lost a
valued Staff member with a lot of institutional knowledge and provided a significant amount of
Staff time. Audit firms are also struggling with finding employees, so Brooklyn Center is in a
somewhat positive position for even having an auditor.
Ms. Holm noted revenue policies also direct how the City maintains its ability to pay for its cus-
tomers' services. The policies include maintaining a diversified and stable revenue system, annual
revenue estimates completed through an objective conservative analytical process, user fees should
be reviewed and revised on an annual basis, fees and user charges for Enterprise Funds should
fully support total direct and indirect costs, and user fees for City services will generally be estab-
lished at a level which will recover the total cost of providing the service.
Ms. Holm showed a graph of the median value of homes in the City over the years. The value has
been steadily increasing since 2014. The median home value in 2024 is $264,800, a slight increase
from 2023's median home value of $259,000. She also showed a list of median home values
compared to other cities. Brooklyn Center has a lower median home value than Golden Valley,
New Hope, Richfield, Crystal, and Robbinsdale. The median home values in nearby
neighborhoods in Minneapolis are slightly lower than in Brooklyn Center.
Ms. Holm showed a table of taxable market values based on class. Classes vary from commercial
and industrial to residential and apartment. The overall change in taxable market value is 3.87
percent. The most significant increase was for industrial properties at 16.8 percent.
Ms. Holm showed a table reflecting tax capacity. The net change in tax capacity is estimated at 4.8
percent, just about $2 million. She showed pie charts of tax capacity estimates comparing payable
tax capacity in 2023 and 2024. Industrial has somewhat increased, allowing the residential tax
capacity to decrease and carry less burden.
Ms. Holm pointed out that a one percent property tax levy increase or decrease is approximately
$225,000 in revenue. The total payable levy from 2023 was just under $23 million. The estimated
total levy for 2024 is $24,732,206, which is an 8.5 percent increase. The County dictates the
Housing and Redevelopment Authority (HRA) maximum levy.
Ms. Holm showed a table reflecting General Fund revenues by source. Categories include property
tax, excess tax increment, lodging tax, intergovernmental revenue such as state aid, charges for
services, fines and forfeitures, and other revenues. The 2023 budget estimated $27,678,297 in total
revenue, while the 2024 projected revenue is $27,895,595, a 0.79 percent increase. She showed
two pie charts of the same information.
Ms. Holm showed a table with General Fund expenses by function. Categories include general
government, Office of Prevention, Health and Safety, Police, Fire, Public Works, Community
Development, Recreation Services, and other services. The overall percent change in expenditures
9/11/23 -9- DRAFT
is 1.75 percent, largely due to necessary increases in the cost of living. The decrease in
expenditures for the Office of Prevention, Health, and Safety is due to handling grant funding in a
more effective accounting manner. She showed two pie charts of the same information.
Ms. Holm showed a pie chart reflecting General Fund expenses by object, where personal services
such as salary and benefits account for about 71 percent of the General Fund. She also showed a
pie chart for the annual cost of government in Brooklyn Center for the median home. For example,
the Police Department costs the median household $523.00, and the Fire Department costs $116.
Ms. Holm showed a graph of City property tax rates, including the General Fund revenue, debt
service, and the HRA. She then showed a slide with projected property tax impacts for 2024. With
an 8.5 percent levy, the median single-family household would see an increase of $87 in the City
portion of taxes for the year. Each percent of the levy would add or decrease $12 for the average
single-family household.
Ms. Holm stated at the September 25, 2023, Council meeting the Council must adopt a preliminary
budget and levy. Two Joint City Council and Financial Commission Work Sessions will be held in
October to address revenue and enterprise funds. Lastly, a Public Hearing scheduled and planned
adoption of a budget and levy at the December 4, 2023, meeting.
Councilmember Kragness stated the average household in Brooklyn Center would have an
increase of $87 with the proposed levy due to City taxes. There may be additional tax increases
due to the School district or County.
Councilmember Kragness asked about the ramifications of setting the levy and what would happen
if the auditors returned with a material difference. Ms. Holm stated a difference would require an
explanation due to City policy, but there aren't larger legal ramifications.
Councilmember Kragness stated the General Fund balance may not be enough. At that point, what
could the City do about the levy to make up for the difference? Dr. Edwards stated the Council
establishes the fund balance policy, so the solution to a lower fund balance would require strategic
thinking by Staff. Ultimately, there wouldn't be any legal repercussions.
Councilmember Kragness asked why the grant accounting methods changed without a
recommendation from the auditor. Ms. Holm stated the recommendation came from her
professional experience. The change allows for better tracking and more accurate application of
the grants according to their purpose. The goal is to be the best steward of the grant dollars.
Councilmember Kragness asked if the change impacts what is reported to the auditors. Ms. Holm
stated the finances remain the same. The change is just the column in which the finances are
tracked.
Councilmember Kragness noted the top four priorities from the recent Joint Financial Commission
and City Council meeting were reported as a three percent increase in staff wages, a 24-hour duty
crew, fleet maintenance replacement, and adding a Police Sergeant. Other priorities included
9/11/23 -10- DRAFT
adding two police officers, winter salt and sand, a Deputy City Manager, crime prevention and
intervention programming, and a 0.75 Litter/Public Art position. However, Councilmember
Kragness stated she recalls a different top four priorities. The exercise was flawed because the
participants didn't know the cost of various initiatives.
Dr. Edwards stated that the list of the top four combines the exercise done with the Financial
Commission and City Council and from the input of Directors and other Staff. The intent is to
balance the Council's desire and the functional opportunities. Councilmember Kragness stated the
priority list is misleading.
Councilmember Butler stated that she is unavailable to attend the December 7 budget hearing and
questioned the need for a unanimous vote. Dr. Edwards stated he would verify the legal
requirements for passing a budget and prepare the information for the Council prior to any votes.
Councilmember Lawrence-Anderson requested a paper copy of the budget. Dr. Edwards confirmed
he would get her a paper copy of the budget.
Councilmember Lawrence-Anderson pointed out a 68 percent increase for the Recreation
Department. Also, in many Departments, she requested more details on personal/professional
services, referring to code 6307. She asked where Community Interveners are within the budget.
Ms. Holm stated professional services for assessors is the fee the County charges the City to do
property tax assessments. It is more or less a fixed cost. The professional services for the other
mentioned Departments would require her to do some more digging and report back to the Council.
Ms. Holm explained the Community Interveners are under the Office of Community Prevention,
Health, and Safety for other contract services, code 6449. It is listed for $100,000.
Ms. Holm stated the increase in funding for the Recreation Department administration is due to a
realignment of manager positions and salaries into the administrative line item. There are equal
incremental decreases in the other line items from which the salaries were pulled.
Councilmember Lawrence-Anderson stated the changes are confusing.
Councilmember Jerzak noted permit fees were down 64.33 percent. The current budget is
misleading in comparison to what the Council has prioritized. The City had a lot of expansion in
developments and employees in 2023. The investment earnings are down. He asked if that was
due to cashing out investments too early.
Ms. Holm stated the 2023 cash flow issues necessitated early cashing out investments. The 2024
estimate is based on what the City has invested rather than the amounts pulled out. The estimate is
very conservative.
Dr. Edwards stated the City added one Staff in 2022. In 2023, there were no new Staff positions.
There was some rearranging of existing Staff and filling open positions. Councilmember Jerzak
9/11/23 -11 - DRAFT
asked how the Community Interveners were added. Dr. Edwards stated some part-time staff were
added.
Councilmember Jerzak stated that a very low percentage of residents use the Community Center,
and the membership continues to decrease. However, each household still pays about $121 yearly
for the Recreation Department.
Councilmember Jerzak stated the Council has operational concerns regar ding continuity, so the
Council wants to prioritize the Deputy City Manager. The Council hasn 't received any reports
about the effectiveness of the Community Interveners, which is an important factor in determining
the budget for that effort.
Councilmember Jerzak added that $35,000 was the cost of small tools. He asked how those costs
could have gone up. The Office of Prevention, Health, and Safety had $500,000, but it is unclear
where the funding comes from now. There is a lack of clarity under Building and Community
Standards for professional services. Also, the budget doesn't reveal if Mr. Anderson's previous
position will be replaced.
Dr. Edwards stated he would listen to the recording and create a response for each of the questions
posed by the Council.
Councilmember Jerzak asked why there was a transfer under the general fund for redevelopment
of negative $2.3 million and where the funds came from. Ms. Holm stated the transfer is primarily
an administrative service transfer to see how much of her and other salaries contribute to utility
funds. The other portion is engineering service fees that are transferred to large capital projects to
allocate salary and Staff time properly.
Mayor Graves asked what percentage of the targeted unassigned General Fund balance of 50 to 52
percent is in the proposed General Fund budget. Dr. Edwards stated that the staff would look up
the specific number.
Mayor Graves asked how much money each percentage would equate to. Ms. Holm stated the
equation would depend on the fund balance and the final budget number. Staff can do some
calculations.
Mayor Graves asked why there was a dependence on permits and intergovernmental revenue for
the operational budget. Dr. Edwards stated there are different philosophies for best practices, and
the change was made to suit the current staff's skill sets.
If the estimation is under, Mayor Graves stated what would happen to the excess revenue. Dr.
Edwards stated they anticipate excess revenue, which would require a greater conversation. The
idea is that excess funds related to development would be reused for development. However, Staff
will create policy options to present to the Council for final determination.
9/11/23 -12- DRAFT
Mayor Graves pointed out that the City has increased its total taxable market value by 3.78 percent.
If the Council decided to implement a levy of 0 percent, current services would have to be cut, and
the City's portion taxes would like to decrease. The 3.78 percent allows the levy some leeway
because more taxable funds are available to the City.
Councilmember Kragness noted a goal of running for Council was to promote stability in the City.
That is part of the reason she has been prioritizing a Deputy City Manager. She asked if the fleet
replacement should be part of the Capital Improvement Plan.
Dr. Edwards stated the capital improvement plan doesn 't cover vehicles. The proposed budget
allows $219,000 to be set aside for replacing vehicles as they expire.
Councilmember Kragness asked if replacing a firetruck would be part of the CIP. Ms. Holm
explained that a firetruck would be one of the vehicles that could be up for replacement as the CIP
doesn't cover vehicles. Previously, no inflation factor was built into the replacement cost, so the
budgetary ask is the start of working toward a savings account for replacement costs. The $219,000
is playing catch-up for previous years.
Councilmember Kragness asked why the $219,000 is pressing now when other things could be
prioritized. Ms. Holm stated the recommendations change as new skill sets come into the City.
When she started with the City, they implemented an inflation factor to build up funds. The
$219,000 is less than what is needed for replacement funds. Councilmember Kragness noted the
budget for vehicle replacement funds accounts for one percent of the levy.
Dr. Edwards noted Staff follows a decision tree in the budget process to weigh the priorities of the
Council, the strategies of the City, and input from Staff. Councilmember Kragness stated the joint
City Council and Financial Commission meeting showed four votes for a Deputy City Manager
and only two votes for vehicle replacement funding. Dr. Edwards stated staff provides an
operational perspective, which increased the priorities for vehicle replacement.
Councilmember Jerzak pointed out the City has been fortunate with the most recent Police Chief.
The City spent $100,000 on a labor study that showed a need for twelve more positions in the
Police Department. The Council needs to support the Department, especially as they are looking
for a new Police Chief. It is unfair for a new Chief to inherit a deficit from day one.
Councilmember Lawrence-Anderson stated the joint City Council and Financial Commission
meeting exercise showed a high priority for a Deputy City Manager and two additional police
officers. As it stands, she cannot support the proposed budget.
Mayor Graves noted her agreement to hire a Deputy City Manager. The additional officer roles
aren't necessary for 2024, as nine are already open. She also noted her agreement with
Councilmember Kragness' assessment of the vehicle replacement fund.
Mayor Graves asked about the history of the Deputy City Manager role. Community Development
Director Jesse Anderson explained when Vicki was with the City, she was the Assistant City
9/11/23 -13- DRAFT
Manager and Director of Building and Community Standards. She also handled communications.
Community Development was two separate departments. One was Community Standards, and the
other was Building and Development, where Gary was the Director of the Building and
Development portion. When they left, the two roles were combined for Meg.
8. PUBLIC HEARINGS
8a. AN ORDINANCE NO. 2023-06; AMENDING CHAPTER 23 OF THE BROOKLYN
CENTER CITY CODE REGARDING THE LICENSING OF THE SALE OF
EDIBLE CANNABINOID PRODUCTS WITHIN THE CITY
City Manager Reggie Edwards introduced the item and invited City Attorney Jason Hill to
continue the Staff presentation.
City Attorney Jason Hill explained the proposed licensing ordinance 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, and exempts edible cannabinoid
products that only contain cannabinoid from the license requirement. On-site consumption may
only occur at businesses licensed for on-sale liquor consumption. Lastly, the business cannot be
within 500 feet of a "Youth Oriented Facility," defined as "a public or private elementary, middle,
or high school, a state-licensed child or daycare program with more than ten children, and any City
park."
Councilmember Jerzak moved, and Councilmember Butler seconded to open the Public Hearing.
Motion passed unanimously.
No one appeared to address this item.
Councilmember Jerzak moved, and Councilmember Lawrence-Anderson seconded to close the
Public Hearing.
Motion passed unanimously.
Mayor Graves moved, and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE
NO. 2023-06, an Ordinance amending Chapter 23 of the Brooklyn Center City Code regarding the
licensing of the sale of edible cannabinoid products.
Motion passed unanimously.
Mayor Graves moved, and Councilmember Jerzak seconded to approve a summary publication
resolution.
Motion passed unanimously.
9/11/23 -14- DRAFT
9. PLANNING COMMISSION ITEMS
None.
10. COUNCIL CONSIDERATION ITEMS
None.
11. COUNCIL REPORT
None.
12. ADJOURNMENT
Councilmember Butler moved, and Councilmember Jerzak seconded adjournment of the City
Council meeting at 9:12 p.m.
Motion passed unanimously.
9/11/23 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
SEPTEMBER 11, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in a Work
Session called to order by Mayor/President April Graves at 9:04 p.m.
ROLL CALL
Mayor/President April Graves and Councilmembers/Commissioners Marquita Butler, Kris
Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager
Reggie Edwards, Assistant City Manager/City Clerk Barb Suciu, Community Development
Director Jesse Anderson, and Attorney Jason Hill.
OPPORTUNITY SITE PHASE 1 UPDATE
The discussion for this item began during the Study Session.
Community Development Director Jesse Anderson explained that the next step is to continue
working with Alatus to proceed with the project as soon as feasible. They will hold discussions
with grant agencies regarding the revised timing.
Mr. Anderson pointed out his most crucial decision regarding the Ocean Buffet lease. The current
extension is set to expire on September 30, 2023. Initially, Alatus agreed to pay the $300,000 lease
termination fee, which would be reimbursed through Tax Increment Financing (TIF). There is also
a need to pursue special legislation for TIF flexibility in the Opportunity Site because the clock is
ticking on the current district, and another year has been lost. Legislation could help Phase 1 of
the Opportunity Site along with future phases.
Mr. Anderson noted a few options to address the Ocean Buffet lease. First, the City Council/EDA
could extend the lease as it has been in the recent past, which would maintain the status quo at the
site. The lease has already been extended six times. Another option is to move forward with buying
out the lease now. Lastly, the City could allow the extension to expire.
Mr. Anderson stated the City may look to extend the lease for the seventh time. It may be the most
straightforward action to take. The lease termination fee would be pushed out again to a new Alatus
closing date. However, the exact timeline for Alatus is unknown, and the timeline may need to be
extended again. There would be continued uncertainty for the existing business.
9/11/23 -2- DRAFT
Mr. Anderson stated the City could opt for a lease buy-out. The City owes a lease termination fee
to the tenant that would be paid upon closing with Alatus. Alatus was financing that fee for the
City, but the City reimbursed Alatus with TIF. A buy-out of the fee could be negotiated now. The
City would need to pay the fee now rather than later. However, the funds could come from existing
TIF resources. The lease buy-out eliminates ongoing building management and future lease issues,
removing another barrier to the site’s development. It may be preferred by the business to have
closure now rather than waiting for an uncertain date in the future.
Mr. Anderson added allowing the lease to expire is an option. That would lead to two potential
outcomes. First, the tenant could exercise the option to extend the lease for five years and pay fair
market rent. Alternatively, the tenant may not exercise its five-year option, in which case the lease
would be terminated. If the five-year option is exercised, the site is tied up, hindering future
redevelopment for up to five years. If the tenant does not extend the lease, they may close. The
City may avoid the lease termination fee in that scenario, but the business has been anticipating
this.
Councilmember/Commissioner Jerzak stated the lease has been extended several times, and there
is no commitment on the site. Terminating the lease would save the City a potential $300,000 while
costing closer to $40,000 on the front end. Then, the worst-case scenario is that Alatus drops out,
and a minority-owned business would not be forced to relocate.
Mr. Anderson explained the lease expiration would likely result in the current tenant doing some
deferred maintenance. After that point, there is a potential that the tenant would not be interested
in extending the buy-out.
Councilmember/Commissioner Jerzak pointed out that the City Council/EDA has been unfairly
subsidizing the business. The tenant needs to pay market value or vacate. Also, there is no official
commitment from Alatus. Mr. Anderson agreed it is not financially feasible to extend the lease for
six months, nor does it support the tenant’s stability.
Mayor/President Graves stated she prefers the lease buy-out option. She added she isn’t opposed
to seeking out special TIF legislation. Councilmember/Commissioners Butler and Lawrence-
Anderson agreed with Mayor/President Graves.
Councilmember/Commissioner Jerzak noted he isn’t opposed to the preference of fellow
Councilmembers. He suggested offering a fair-market value option for the buy-out as a
compromise for all parties. Mr. Anderson agreed the fair-market value suggestion could be
discussed with the tenant.
Mr. Anderson added the tenant would likely be most interested in a lease buy-out.
Councilmember/Commissioner Lawrence-Anderson asked what would happen with the building
in the case of a buy-out. Mr. Anderson stated the site would likely be demolished, and the bid could
be combined with the demolition of the Target building.
9/11/23 -3- DRAFT
Councilmember/Commissioner Lawrence-Anderson asked what the loss in property taxes would
be if the business were to be lost. Mr. Anderson noted the property is EDA-owned, so it should be
tax-exempt. However, he would have to confirm that it is in place.
Councilmember/Commissioner Kragness asked if the buy-out fee goes down over time. Mr.
Anderson stated the buy-out fee is $300,000 according to how the lease was written. However, it
may be negotiated if the tenant is motivated to leave.
ESTABLISHING A NEW FEE FOR COMMERCIAL VACANT BUILDINGS
City Manager Reggie Edwards introduced the item and invited Mr. Anderson to continue the
presentation.
Mr. Anderson stated the City has a vacant building program for residential and commercial
properties. Properties that have been identified by city staff as vacant for 30 days or more are
required to be registered. Staff will post the property as a vacant building and send a compliance
notice to the owner of record to register. The current fee is $400 for the registration and $195 for
the inspection. Both fees are paid together at the time of registration. When a property registers as
a vacant building, code enforcement inspectors will complete a drive-by of the property
periodically to ensure that the property is maintained and secured.
Mr. Anderson explained commercial properties are subject to the exact requirements. However,
commercial properties often require additional staff time to monitor and coordinate maintenance
with property management companies. Further, due to the time and financial commitment required
to re-occupy or redevelop commercial properties, they are also vacant for longer periods than
residential properties. There are currently five vacant commercial properties in the City.
Mr. Anderson stated City Council/EDA asked for an estimation of staff cost for monitoring the
buildings. Code enforcement Staff has a pay rate of $35.81 per hour, not including the cost of
benefits. Each visit is about 15 minutes daily, done about once per workday. That makes
monitoring a vacant commercial building cost $44.76 per week. If staff monitors that property for
an entire year, the cost is $2,327.65. This rate does not include any abatement, temporary securing
of the building, or the use of police services for clearing the property or fire services.
Mr. Anderson added that if an average of one hour is assumed per week for Community
Development staff to notify the property’s owner due to the need for an abatement or temporary
securing of the property, the cost would be $1,862.12 annually. The minimal total cost in staff time
for monitoring and securing a property would be $4,189.77. This does not include the staff time
required for the Brooklyn Center Police Department (BCPD) or Brooklyn Center Fire Department
(BCFD) when they are needed to ensure the building’s safety.
Mr. Anderson stated when a building requires BCPD services to clear a building or remove
individuals from a site, the cost increases. BCPD estimates that clearing a building would require
two police officers at a rate of $50 per hour, not including the cost of benefits. Depending on the
building, it will take about 15-30 minutes, and if the call requires the officers to document and
9/11/23 -4- DRAFT
write a report, the time would be 30 minutes to 1 hour. The average cost for BCPD services is from
$50 to $100 per call. Staff estimates approximately two police visits per month. Staff estimates the
annual cost for police service is $1,800. BCFD services are often not needed on routine vacant
building calls, but when needed, they are usually related to the fire panel or alarm-related calls.
They estimate their cost is a minimum of $200 per call. Staff estimates approximately one fire
department visit per month. Staff estimates the annual cost for fire service is $2,400.
Mr. Anderson explained that the annual estimated staffing cost for commercial vacant properties
is $8,389.38. Due to the increased staff time in monitoring commercial vacant properties, staff
would like the City Council/EDA to consider adopting a separate commercial vacant building fee.
Other cities in the metro area have a vacant building program. However, few cities differentiate
between residential and commercial properties. Minneapolis and St. Paul have the most vigorous
vacant building programs, and their fees vary depending on the length of vacancy and size of the
building. For example, a vacant commercial building that is 100,000 sq. ft. would cost $1,318.00
in the City of St. Paul.
Mr. Anderson stated there are a few options. First, they could continue to charge $400 for the initial
vacant building registration fee and $1,000 for the renewal. It would then be $3,000 in the third
year. The next option would be to create an initial registration fee of $2,000 with a $5,000 renewal
fee. Lastly, the City Council/EDA could create the initial registration fee of $1,000 with a $2,000
renewal fee.
Mr. Anderson stated a fee increase can be justified based on the cost of the regular visits made by
inspection Staff. However, the higher fee may decrease the likelihood of a property owner
voluntarily registering a property.
Mayor/President Graves stated the time frame matters. Therefore, it could make sense to keep the
initial fee but to increase the charge for each vacancy year. The property value and size also make
a difference. A bigger property requires more resources to monitor, but they also likely have more
resources to pay for the fees.
Councilmember/Commissioner Jerzak stated it is important to keep it simple to keep the taxpayers
free from additional burdens. He stated he is open to the staff’s recommendation regarding the fee
structure.
Councilmember/Commissioner Kragness asked if the fees could be charged upfront as a deposit.
Then the fee could be reimbursed if there isn’t a long vacancy. Mr. Anderson said something could
be written to allow that process, similar to how the City handles mechanical fees.
Councilmember/Commissioner Lawrence-Anderson suggested tiering the renewal fee to promote
shorter vacancies—also, the square footage matters because a Wal-Mart shouldn’t pay the same as
a small business.
Councilmember/Commissioner Butler stated she prefers the first option with the lower registration
fee, but the tiered increases over time for vacancies. Mayor/President Graves noted her agreement.
9/11/23 -5- DRAFT
UPCOMING ITEMS
Memorial Policy
Special Assessment Policy/Franchise Fees (referred to Financial Commission)
Beautification and Public Art Commission
Liquor Store 2
Organizational Chart-Budget work sessions
New and Repeat Type IV Rental License Review (referred to Housing Commission)
Food Truck Ordinance/License
Emerald Ash Borer Policy Review (referred to Park & Rec Commission November)
Opioid Settlement
ARPA Funds
Grants: Revenues & Expenses
Purchasing Policy
Interveners Impact
Revisit Resolution 2021-73
ADJOURNMENT
Councilmember/Commissioner Lawrence-Anderson moved, and Councilmember/ Commissioner
Jerzak seconded adjournment of the City Council/Economic Development Authority Work
Session at 9:39 p.m.
Motion passed unanimously.
C ouncil R egular M eeng
DAT E:9/25/2023
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 pec7ve licenses , submi8ed appropriate applica7ons,
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 a8ached rental report.
M echanical
Kramer M echanical P lbg & H ea7ng
7860 Faw n Lake D r N E, S tacy 55079
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera7onal Excellence
AT TA C H M E N TS :
D escrip7on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rentals 9/19/2023 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
1821 Irving Ln Single Initial R Hailemariam & A Balcha
42 Type IV N/A Type IV N/A 0
2114 70th Ave N Single Initial Dennis R Mejia/gloria Mejia
4 Type II N/A Type II N/A N/A
5309 Emerson Ave N Single Initial BELLAGALA LLC
28 Type IV N/A Type IV N/A 0
6925 Halifax Ave N Single Initial EBENEZER AKINBAMIJO
9 Type IV N/A Type IV N/A 0
3601 47th Ave N
Multiple Family
4 Bldgs 44 Units Renewal 8411 Balboa Llc
205 = 4.7 per
unit Type IV
2 calls
11/20/22 Weapons
6/28/23 Disturbance Type IV Type IV 2
5803 Xerxes Ave N
Multiple Family
1 Bldg 143 Units Renewal Brooklyn Center AH II LLLP
155 = 1.1 per
unit Type II
1 call
9/18/22 Weapons Type II Type II N/A
501 Bellvue La Single Renewal Zoe & Bret Hildreth
1 Type I N/A Type I Type II N/A
904 53rd Ave N Single Renewal Moshe Vorotinov 5 Type II N/A Type II Type I N/A
3100 Thurber Rd Single Renewal Tyler Henderson 6 Type III N/A Type IV Type IV 3
3106 64th Ave N Single Renewal
IH2 PROPERTY BORROWER
LP
7 Type III N/A Type III Type II N/A
3213 Quarles Rd Single Renewal Infinite Property Llc
2 Type I N/A Type I Type I N/A
3300 67th Ave N Single Renewal
Sergey Kunin & Marina
Kunin
0 Type I N/A Type I Type I N/A
5218 Paul Dr Single Renewal Sj & Olas Properties Llc
12 Type IV N/A Type IV Type III 0
5330 Girard Ave N Single Renewal
C Bright/wagner Prop Rnt
Llc 3 Type II N/A Type III Type III N/A
5819 Knox Ave N Single Renewal G.b. Homes Llc
15 Type IV N/A Type IV Type II 0
5931 Zenith Ave N Single Renewal Ih3 Property Minnesota Lp
0 Type I N/A Type I Type IV N/A
Rental Licenses for Council Approval 9.25.23
5937 York Ave N Single Renewal Key Lime Realty, LLC 5 Type II N/A Type II Type IV N/A
6018 Admiral Pl Single Renewal Lutheran Social Services 9 Type IV N/A Type IV Type II 0
6319 Indiana Ave N Single Renewal Adegbola Fola Ogundipe
1 Type I N/A Type I Type I N/A
6430 Lee Ave N Single Renewal Infinite Property Llc
0 Type I N/A Type I Type I N/A
6800 Scott Ave N Single Renewal Golden Touch Holdings 9 Type IV N/A Type IV Type IV 3
7200 Lee Ave N Single Renewal
LSF9 MASTER
PARTICIPATION TR
0 Type I N/A Type IV Type IV 4
*CFS = Calls for Service for renewal licenses only (Initial licenses are not applicable to calls for service, and will be listed as N/A)
**License type being issued
***Initial licenses will not 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:9/25/2023
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:Lydia Ener, P.E., P rincipal Engineer
S U B J E C T:Res olu4on A ccep4ng Work Performed and A uthoriz ing F inal Payment, I mprovement
P roject No. 2021-12, 2022 53rd Avenue M ill and O verlay P roject
Requested Council A con:
- Moon to appr ove a r esoluon accepng w ork per formed and author iz ing final pay ment, I mprovement
P roject No. 2021-12, 2022 53rd Avenue M ill and Overlay P roject.
B ackground:
O n M arch 2 8 , 2022, the C ity Council awarded I mprovement P r oject No. 2021-12 to G M H A s phalt
Corpora4on of C haska, M innesota for cons truc4 on of the 2022 53rd Avenue Mill and O verlay P roject.
G M H A sphalt Corpora4on has s uccessfully completed the cons truc4on w ork.
B udget I ssues:
The or iginal contr act amount with G M H A s phalt Corpora4on for the project improv ements w as
$606,603.85. The total value of w ork cer 4fied for final payment to G H M A s phalt C orpor a4 on is
$511,580.91. T he total project cost is $965,605.10 including w ork completed in 2021. The pr oject w as
completed 23% percent under budget in the amount of $2 9 3 ,949.5 0 . T his total cos t includes both
cons truc4on cos ts , that w ere completed by outside contractors, as well as staff 4me for administra4on and
engineering. The total v alue of w ork cer4 fied for final payment to G M H A sphalt C orpora4 on is
$511,580.91, which is under the original contract amount of $606,006.85.
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Key Transporta4on I nvestments
AT TA C H M E N TS :
D escrip4on U pload D ate Type
Res olu4on 9/18/2023 Resolu4on LeCer
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING
FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2021-12, 2022 53RD
AVENUE MILL AND OVERLAY PROJECT
WHEREAS, pursuant to a written contract signed with the City of Brooklyn
Center, Minnesota, GMH Asphalt Corporation of Chaska, Minnesota has completed the
following improvements in accordance with said contract:
Improvement Project No. 2021-12, 2022 53rd Avenue Mill and Overlay Project
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. Final payment shall be made on Improvement Project No. 2021-12, 2022
53rd Avenue Mill and Overlay Project, taking the contractor’s receipt in
full. The total amount to be paid for said improvements under said
contract shall be $511,580.91.
2. The estimated project costs and revenues are hereby amended as follows:
COSTS As Awarded As Final
Contract $ 606,003.85 $ 511,580.91
Contingency $ 114,000.00 $ -0-
Subtotal Construction Cost $ 720,003.85 $ 511,580.91
Admin/Legal/Engr. $ 125,000.00 $ 39,473.44
Total Estimated Project Cost $ 845,003.85 $ 551,054.35
Utility and Concrete Imp. (2021) $ 414,550.75 $ 414,550.75
Total Estimated Project Cost $ 1,259,554.60 $ 965,605.10
RESOLUTION NO. _______________
REVENUES As Awarded As Final
Sanitary Sewer Utility (2021) $ 147,516.00 $ 147,516.00
Water Utility Fund (2021) $ 29,632.00 $ 29,632.00
Storm Drainage Utility Fund (2021) $ 4,750.00 $ 4,750.00
Municipal State Aid Fund (2021) $ 232,652.75 $ 232,652.75
Municipal State Aid Fund $ 422,381.92 $ 275,339.67
Minneapolis Funds $ 422,381.93 $ 275,339.68
Miscellaneous (plan sales) $ 240.00 $ 375.00
Total Estimated Revenue $ 1,259,554.60 $ 965,605.10
September 25, 2023
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:9/25/2023
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:Lydia Ener, P.E., P rincipal Engineer
S U B J E C T:Res olu4on A ccep4ng Feasibility Report and C alling for an I mprovement P ublic H earing for
I mprovement P roject No. 2024-01, O rchard Lane East I mprovements
Requested Council A con:
- M oon to appr ove a resoluon accepng feasibility report and calling for an impr ovement public hearing
for I mprovement P roject No. 2024-01, Orchard Lane East I mprovements.
B ackground:
The O rchard L ane A rea is iden4fied in the Capital I mprovement P rogram (C I P ), and is slated for
improvements during the 2 0 2 4 and 2 0 2 5 cons truc4 on season. T he a?ached feas ibility report prov ides a
s ummary of the project evalua4on proces s and preliminary street and u4lity improvements.
A neighborhood open hous e w as held on A ugus t 3, 2023, inv ita4 ons for the mee4ng were mailed to
proper4es and s ign boards were placed in the neighborhood prior to the mee4ng. The goal of the mee4ng
w as to provide project informa4on to property ow ners and r esidents , and gain input from the public on
poten4al project upgrades . Each a?endee was able to dis cus s how the project w ould impact their home.
S ome voiced concerns about drivew ay access during construc4on. M is cellaneous ques4ons were as ked
about private u4 li4es and the as s es s ment proces s . A ll a?endees s eemed s a4s fied w ith hav ing their
ques4ons ans w ered, and many expressed intertes t in pers onal follow -up w hen cons truc4 on begins. A
formal pres enta4on of the feasibility for the project is planned at the public hear ing. I n addi4 on to the
neighborhood mee4 ng, s urv ey s regarding the proj ect and exis4 ng condi4 ons w ere mailed to residents and
made av ailable online. The maj ority of s urv ey r es pons es indicated the proper4 es had not had is s ues with
flooding, sanitary s er vices , or water s erv ices . O verall, the res ident responses were not in fav or of addi4onal
s idewalk or s treet ligh4ng.
The a?ached res olu4on declar es certain project cos ts to be as s es s ed for the O rchard L ane East
I mprovements and calls for an improvement public hearing on O ctober 23, 2 0 2 3 . I f appr oved by the C ity
Council, legal no4ce would be publis hed, and all property ow ners w ho could poten4ally be as s essed for
improvements w ould receive a No4 ce of I mprovement P ublic H earing v ia mail. S taff recommends that the
City C ouncil cons ider es tablis hing the 2024 s pecial as s es s ment rates in N ovember 2023, and holding the
s pecial asses s ment public hearing in D ecember 2023.
B udget I ssues:
T he total project cost f o r the O rchard L ane East I mpro vements is es4mated to be $11,792,000. Funding sources
for the pro ject are proposed from a variety of so urces as described in the feasibility repo rt. T he DraF Special
Assessment L evy Roll for I mprovement Project N o. 2024-01 is included in Appendix A of the feasibility report.
I nclusive C ommunity Engagement:
N A
A nracist/Equity Policy Effect:
N A
S trategic Priories and Values:
Key Transporta4on I nvestments
AT TA C H M E N TS :
D escrip4on U pload D ate Type
Res olu4on 9/18/2023 Resolu4on Le?er
O rchard Lane East I mprovements Feasibility Report 9/20/2023 Backup M aterial
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO._______________
RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR
AN IMPROVEMENT PUBLIC HEARING FOR IMPROVEMENT PROJECT
NO. 2024-01, ORCHARD LANE EAST IMPROVEMENTS
WHEREAS, a feasibility report outlining the proposed improvements to the
streets, storm drainage system and public utilities in Orchard Lane East area has been prepared;
and
WHEREAS, the City Engineer has prepared said report and recommends that the
proposed improvements be considered; and
WHEREAS, a portion of the cost of street improvements for said project is
proposed to be assessed against properties within the project area; and
WHEREAS, the total project cost for the Orchard Lane East Improvements is
estimated to be $11,792,000; the total cost of the street improvement portion of said project is
estimated to be $4,940,000 and the project funding sources are currently estimated to be:
Special Assessments $ 1,496,129.37
Sanitary Sewer Utility Fund $ 1,990,000.00
Water Utility Fund $ 3,978,000.00
Storm Drainage Utility Fund $ 884,000.00
Street Reconstruction Fund $ 3,443,870.63
Total $ 11,792,000.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The Engineer’s Feasibility Report for the Orchard Lane East Improvements is
received and accepted.
2. Notice is hereby given that an improvement public hearing will be held on the
23rd day of October, 2023, at 7:00 p.m. or as soon thereafter as part of the
regular City Council meeting as the matter may be heard to pass upon said
improvement project and at such time and place all persons owning property
affected by said improvements will be given the opportunity to be heard with
reference to said improvements.
3. The City Clerk is directed to cause a notice of the improvement public hearing
to be published in the official newspaper at least two weeks prior to the public
hearing, and shall state in the notice the total cost of the improvement.
RESOLUTION NO. _______________
September 25, 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.
www.alliant-inc.com 733 Marquette Avenue, Suite 700
612.758.3080 MAIN | 612.758.3099 FAX Minneapolis, MN 55402
Feasibility Report For
Orchard Lane East Improvements
City Improvement Project No. 2024-01
City of Brooklyn Center, Minnesota
Prepared by Alliant Engineering
September 25, 2023
Feasibility Report for Orchard Lane East Improvements Page i
www.alliant-inc.com
Feasibility Report
for
Orchard Lane East Improvements
City Improvement Project No. 2024-01
City of Brooklyn Center, Minnesota
September 25, 2023
I hereby certify that this report was prepared by me or under my direct supervision and that I am a
duly Licensed Professional Engineer under the laws of the State of Minnesota.
Lydia Ener, PE Date
54334
Nick Turner Reg. No. Date
REVIEWED:
_____
09/1 /202309
Feasibility Report for Orchard Lane East Improvements Page ii
www.alliant-inc.com
Table of Contents
I. Background ...................................................................................................................1
II. Project Area ...................................................................................................................2
III. Existing Conditions & Proposed Improvements ...............................................................4
A. Streets, Sidewalks, Trails, & Parks .....................................................................................4
B. Storm Sewer .....................................................................................................................5
C. Sanitary Sewer..................................................................................................................6
D. Water System ...................................................................................................................7
E. Street Lights ......................................................................................................................7
IV. Right-of-Way and Easements .........................................................................................8
V. Resident Engagement ....................................................................................................8
VI. Estimated Costs and Funding Considerations ................................................................8
VII. Recommended Project Schedule ................................................................................. 10
VIII. Conclusions and Recommendations ............................................................................ 10
Appendices
Appendix A, Resident Questionnaire
Appendix B, Assessment Roll and Map
Feasibility Report for Orchard Lane East Improvements Page 1
www.alliant-inc.com
Feasibility Report
for Orchard Lane East Improvements
City Improvement Project No. 2024-01
I. BACKGROUND
2024 is the City of Brooklyn Center’s 31st year of its long-range infrastructure rehabilitation
program. This program has consisted of a systematic rehabilitation and/or replacement of the
City’s aging streets, water main, sanitary sewer, storm sewers, sidewalks, and streetlights.
The City’s Capital Improvement Program identifies the Orchard Lane East neighborhood for
pavement replacement and utilities improvements. The improvement areas are shown in Figure 1;
the improvements are described below in Table 1:
Table 1: Project Limits
Segment Extent Improvements
64th Avenue N Noble to Major Reclaim Pavement, Sanitary, Watermain
64th Avenue N Major to June Reclaim Pavement, Watermain
65th Avenue N Orchard to Indiana Reclaim Pavement, ADA, Storm, Watermain
65th Avenue N Indiana to Brooklyn Reclaim Pavement, ADA, Storm, Sanitary, Watermain
Winchester Lane N Noble to Indiana Reclaim Pavement, Sanitary, Watermain
66th Avenue N Orchard to Indiana Reclaim Pavement, Watermain
Martin Drive Indiana to 65th Reclaim Pavement, Storm, Watermain
Indiana Avenue N 63rd to 66th Reclaim Pavement, Storm
June Avenue N 63rd to 65th Reclaim Pavement, Sanitary, Watermain
Kyle Avenue N 63rd to 64th Reclaim Pavement, Sanitary, Watermain
Kyle Avenue N 64th to 65th Reclaim Pavement, Sanitary, Watermain
Lee Avenue N 63rd to Kathrene Reclaim Pavement, Watermain
Lee Avenue N Kathrene to I-694 Reclaim Pavement, Sanitary, Watermain
Major Avenue N 64rd to 65th Reclaim Pavement, Sanitary
Kathrene Drive 63rd to Lee Reclaim Pavement, Sanitary, Watermain
Noble Avenue N Eleanor to 66th Reclaim Pavement, Sanitary, Watermain
Eleanor Lane Orchard to Noble Reclaim Pavement, Sanitary, Watermain
Orchard Avenue N 63rd to Eleanor Reclaim Pavement, Sanitary, Watermain
Orchard Avenue N Eleanor to 65th Reclaim Pavement, Sanitary
Orchard Avenue N 65th to 66th Reclaim Pavement, Parking, Storm, Watermain
Feasibility Report for Orchard Lane East Improvements Page 2
www.alliant-inc.com
II. PROJECT AREA
This report was prepared in accordance with the scope of work outlined in the professional
services agreement authorized by City Council Resolution No. 2023-65 dated May 22, 2023. A
property questionnaire and letter have been distributed as part of the project evaluation process.
A public informational meeting with property owners and residents located near the project area
was held on August 3rd. A copy of the questionnaire is provided in Appendix A.
The 2024 project area consists of approximately 21,560 linear feet (4.08 miles) of streets. The
project consists of the following type parcels:
Table 2: Parcel Types
Segment Residential Commercial/Industrial
64th Avenue N 9-R1 0
65th Avenue N 24-R1, 1-R5 1-O2, 1-C1, 1-C1/R5/R4
Winchester Lane N 42-R1 0
66th Avenue N 47-R1 0
Martin Drive 14-R1 0
Indiana Avenue N 36-R1 0
June Avenue N 31-R1 0
Kyle Avenue N 32-R1 0
Lee Avenue N 26-R1 0
Major Avenue N 14-R1 0
Kathrene Drive 12-R1 0
Noble Avenue N 27-R1 0
Eleanor Lane 3-R1 0
Orchard Avenue N 37-R1 0
Figure 1 – Project Area
Feasibility Report for Orchard Lane East Improvements Page 3
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Feasibility Report for Orchard Lane East Improvements Page 4
www.alliant-inc.com
III. EXISTING CONDITIONS & PROPOSED IMPROVEMENTS
Based on age, condition, and extensive maintenance needs of the existing roadways
and public utilities, the recommended improvements are described below.
In accordance with the Complete Streets Policy adopted by the City in 2013, all streets and
trail projects, including design planning, reconstruction, rehabilitation, maintenance, or
operation by the City of Brooklyn Center shall be designed and executed in a responsible,
equitable, and financially reasonable way to accommodate and encourage travel by
bicyclists, pedestrians, public transportation, emergency, and commercial vehicles in a
balanced manner. Implementation of the City’s Complete Street Policy ensures that the
needs and safety of pedestrians, bicyclists, motorists, and transit riders of all ages and
abilities are considered in the design and operation of roads.
A. Streets, Sidewalks, Trails, & Parks
EXISTING CONDITIONS
■ The project area was last reconstructed in 1996; no roads in the project area are
designated Municipal State Aid (MSA) routes. Each existing street is a 30 feet wide urban
section with concrete curb and gutter, except for 65th Avenue east of Marlin Drive, which is
a 40 feet wide urban section with concrete curb and gutter and includes a raised concrete
island.
■ Orchard Lane Park includes a parking lot which is in poor condition. Additionally, a parking
pull-out bay exists on Orchard Avenue N at the northern end of the park.
■ A concrete sidewalk exists along the entire south side of 65th Avenue North from Perry
Avenue N to Brooklyn Boulevard. This sidewalk has been evaluated for ADA compliance
issues. A trail exists adjacent to the project area along 63rd Avenue North, but this trail is
outside the project area.
■ The CIP identified the pavement in this project area as recommended for replacement.
■ Soil borings and pavement core measurements were conducted at 33 locations within the
project area. These measurements revealed that the existing pavement sections within the
project area consists of an average 4.25 inches of bituminous pavement and 6.75 inches
thickness of aggregate base over a fine to coarse granular subgrade material. This
underlying pavement structure is generally stable for most of the roadway.
■ Additionally, limited sections of deteriorated concrete curb and gutter were identified
within the project area.
Feasibility Report for Orchard Lane East Improvements Page 5
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■ 3 city park properties are within the project area: Marlin Park, Cahlander Park, and Orchard
Lane Park. Trails and playground equipment are in good condition. A basketball court and
parking lot at Orchard Lane Park are in poor condition.
PROPOSED IMPROVEMENTS
■ Based on the Geotechnical Evaluation Report by Braun Intertec (dated June 1, 2023), the
recommended pavement improvement consists of a full depth reclamation of the existing
pavement. The existing concrete curb and gutter has not exceeded its life expectancy and
can be suitably rehabilitated with spot repairs.
■ Approximately 50% of the concrete curb and gutter and concrete driveway aprons are
estimated to be replaced due to impacts caused by construction of watermain, storm
sewer, and sanitary sewer.
■ Parking for Orchard Lane Park will be reconfigured to include a parking lane on Orchard
Avenue N near the south end of the park, similar to the parking lane at the north end of the
park. The total number of parking spaces in this area is not expected to change.
■ Mixed-use trails in Orchard Lane Park and Marlin Park are under consideration for
rehabilitation depending on final project scope.
■ A basketball court in Orchard Lane Park will be replaced with this project.
■ Pedestrian ramps along the south side of 65th Avenue N will be upgraded to meet ADA
requirements.
■ All boulevard and park trees in the project area will be evaluated for species and health. All
ash trees, and any diseased trees, will be removed.
B. Storm Sewer
EXISTING CONDITIONS
■ The existing storm sewer consists of 12” to 60” pipe with two trunk lines running east on
65th Avenue N. Most of the storm sewer was installed in 1996, with some older storm sewer
along 65th Avenue N, along side lot easements and rear lot easements.
■ The majority of storm sewer flows to an existing pond at Cahlander Park. The remainder of
the storm sewer flows to existing storm sewer infrastructure along 63rd Avenue N. All storm
sewer within the project site will ultimately discharge to Shingle Creek.
■ All storm sewer in the project area was televised to assess the condition. Most instances
of storm sewer damage are on the two trunk lines running on 65th Avenue N. Documented
damages include cracks, infiltration, root intrusion, and sediment deposits.
Feasibility Report for Orchard Lane East Improvements Page 6
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■ Sinking storm sewer was also documented in storm sewer near Marlin Park, resulting in
Indiana Avenue N not properly draining.
PROPOSED IMPROVEMENTS
■ Proposed repairs to the storm sewer system will address sections with documented
damage.
● Documented cases of crrracks, root intrusion, and infiltration would be repaired with
lining or spot repairs. Intrusive roots will be removed.
● Documented cases of deposits would be cleaned out.
■ Storm sewer entering and leaving Marlin Park and at the intersection of Marlin Dr and
Indiana Ave N will be replaced and/or rerouted.
■ Spread Calculations will be calculated based on 2023 rainfall data to determine if
additional storm sewer infrastructure will be needed to prevent roadway flooding.
■ Low point locations will be reviewed to ensure a catch basin is located at every point.
■ The City has determined that this project does not need any additional permanent storm
water treatment BMPs; the existing conditions meet the requirements of the Municipal
Stormwater Permit (MS4).
C. Sanitary Sewer
EXISTING CONDITIONS
■ Existing sanitary sewer consists of 8” pipe (except for the 12” pipe on 65th Avenue N) of
which 50% is Vitrified Clay Pipe or Clay Tile Pipe installed in the late 1950’s, and 50% was
replaced with PVC 1996.
■ All sanitary sewer in the project area was televised to assess the condition. Issues with
cracks, root intrusions, and blockages were identified which impact the efficacy or integrity
of the pipe.
PROPOSED IMPROVEMENTS
■ Approximately 10% of the sanitary sewer pipe in the project area has been identified as
compromised and will be replaced. Sanitary service lines will be replaced where the main
is replaced.
■ All clay pipe in the project area which is in good condition will be rehabilitated using
trenchless construction methods.
■ All PCV pipes in the project area which is in good condition do not require any
improvement.
Feasibility Report for Orchard Lane East Improvements Page 7
www.alliant-inc.com
D. Water System
EXISTING CONDITIONS
■ The existing watermain consists of 6” to 12” cast iron pipe and was installed in the 1950’s
and 60’s. Based on current maintenance records, 10 watermain breaks have occurred in
the project area since the watermain was installed.
■ One 12” watermain was installed on 66th Avenue N in 1973 to connect to another
neighborhood with a 12” line to the north and to a 16” line to the east.
■ Watermains on 65th Avenue N and Orchard Avenue N between Eleanor Lane and 65th
Avenue N were replaced in 1996.
■ Two properties in the project area have reported a frozen water service.
PROPOSED IMPROVEMENTS
■ Watermain which predates the 1996 improvements will be replaced in the project area.
Water services will be replaced wherever the main is replaced.
■ All old and abandoned water pipes in the project area will be removed whenever possible.
■ All water services with less than 4’ of cover will be insulated to prevent freezing.
■ All hydrants and hydrant valves in the project area are to be replaced.
■ A new valve will be added on the 16” watermain that connects to the east end of the
project area at 66th Avenue N for better isolation. This valve is part of the final design
evaluation.
■ Watermain lines at 65th Avenue N and Indiana Avenue N will be connected to improve the
redundancy and resiliency of the network. This connection is part of the final design
evaluation.
E. Street Lights
EXISTING CONDITIONS
■ City evaluation of the existing lights found them to be fiber glass street lights with LED
fixtures and generally in good condition. 24 street lights exist in the project area.
PROPOSED IMPROVEMENTS
■ No street light improvements are anticipated with the project.
Feasibility Report for Orchard Lane East Improvements Page 8
www.alliant-inc.com
IV. RIGHT-OF-WAY AND EASEMENTS
Generally, all public infrastructure owned, managed, maintained, and operated by the City
throughout the project areas are located within City easements and/or right-of-way. It is not
anticipated that the City will need to obtain any additional easement for any existing or proposed
improvements located within the roadways or trail. If necessary, any identified easement needs
during final design will be further coordinated with the City Attorney and identified property
owners.
V. RESIDENT ENGAGEMENT
A total of nineteen survey responses were received by mail and fifteen online. The majority of
responses indicated the properties had not had issues with flooding, sanitary services, or water
services. Overall, the resident responses were not in favor of additional sidewalk or street lighting.
Miscellaneous comments were received as well regarding private utilities, maintenance issues,
and snow plowing.
Nine residents attended the open house for the project on 8/3/2023. Each attendee was able to
discuss how the project would impact their home. Some voiced concerns about driveway access
during construction. Miscellaneous questions were asked about private utilities and the
assessment process. All attendees seemed satisfied with having their questions answered, and
many expressed intertest in personal follow-up when construction begins.
VI. ESTIMATED COSTS AND FUNDING CONSIDERATIONS
The total estimated cost of the project is $11,792,000. Table 3 provides a summary of the
estimated project costs and revenue sources in greater detail. This preliminary estimate includes
the cost for project administration, legal, engineering, and construction contingency.
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Feasibility Report for Orchard Lane East Improvements Page 9
www.alliant-inc.com
Table 3: Opinion of Probable Construction Cost
Feasibility Report for Orchard Lane East Improvements Page 10
www.alliant-inc.com
SPECIAL ASSESSMENTS
Special assessments for street improvements are proposed in accordance with the City’s
Assessment Policy. Proposed assessments for R1, R5, O2, and C1/R4/R5 zoned parcels contained
within the project area, as calculated by City of Brooklyn Center staff, are summarized below in
Table 4. The full assessment roll is provided in Appendix B.
Table 4: Proposed Pending Special Assessments
Classification Draft Assessment (USD)
R1-Single Family Residence (each) $4,015.00
R5 Multi-Family Residence (3907 65th Avenue North) $35,177.78
MX-N2 Mixed-Use (6437 65th Avenue North) $12,516.14
MX-N2 Mixed-Use (6503 65th Avenue North) $35,155.45
VII. RECOMMENDED PROJECT SCHEDULE
The expected schedule is summarized in Table 5:
Table 5: Preliminary Project Schedule
Action Target Date
City Council Receives Feasibility Report, Declares Cost to be
Assessed and Calls for Public Hearings
September 25, 2023
City Council Holds Public Hearing, Authorizes the Project and Orders
Preparation of Plans and Specifications
October, 2023
City Council Approves Plans and Specifications and Authorizes
Advertisement for Bids
Jan/Feb, 2024
City Council Considers Award of Contract March, 2024
Start Project Construction April, 2024
Construction Substantially Complete (after two construction seasons) September, 2025
VIII. CONCLUSIONS AND RECOMMENDATIONS
The overall condition of the City’s street and utility infrastructure systems is critical to the
operation, safety, welfare, and economic health of the entire community. As a result of the
infrastructure needs described and the proposed solution and estimated costs provided in
this report, the proposed project is necessary, cost-effective, and feasible.
Feasibility Report for Orchard Lane East Improvements Appendices
www.alliant-inc.com
Appendices
to the
Feasibility Report
for Orchard Lane East Improvements
City Improvement Project No. 2024-01
Appendix A, Resident Questionnaire…………………………………………………………. A-3 – A-3
Appendix B, Assessment Roll and Map……………………………………………………... B-1 – B-9
Feasibility Report for Orchard Lane East Improvements Appendices
www.alliant-inc.com
Appendix A
Resident Questionnaire
APPENDIX A: Resident Questionnaire A-1
Appendix A
Resident Questionnaire
_____________________________________________________________________________________
This questionnaire will help the City of Brooklyn Center Engineering staff to better understand the
infrastructure needs and issues in your neighborhood. This survey can be returned in person or by mail to:
City of Brooklyn Center/Engineering Division, 6301 Shingle Creek Parkway, Brooklyn Center, MN
55430; by email at: publicworks@ci.brooklyn-center.mn.us, or you can take the survey online by going to
https://arcg.is/0LevKy1 or scan the QR code on the back. Please return this survey by August 1, 2023.
You may also contact us at 763-585-7100 to discuss these issues.
1. Contact Information:
Name:
Address:
Email Address:
Do you want us to email you neighborhood construction project updates? Yes No
Phone Number:
Do you want us to text you neighborhood construction project updates? Yes No
2. Sanitary Sewer: Have you experienced any problems with sanitary sewer service, such as line plugging
or having the service cleaned out to the street? If yes, how often?
APPENDIX A: Resident Questionnaire A-2
3. Storm Drainage System: Do you have a problem with drainage or flooding in the street, your yard or
basement?
4. Do you have a lawn irrigation or sprinkler system located within your property?
Please circle one: Yes No
5. Water System: Do you experience problems relating to the water distribution system such as water
pressure, taste, odor or color?
6. Do you have a sump pump in your basement?
Please circle one: A. Yes, my sump pump runs frequently (at least once every day)
B. Yes, my sump pump runs less frequently
C. No, I do not have a sump pump or do not use my sump pump
D. Unknown
7. Do you have draintile on your property?
Please circle one: A. Yes, it drains to the yard
B. Yes, it connects to the storm sewer system
C. No, I do not have draintile on my property.
D. Unknown
APPENDIX A: Resident Questionnaire A-3
8. The City’s policy pertaining to sidewalk improvements is that sidewalks are not typically installed on
local “residential” streets unless the City Council orders the construction of sidewalks when such
construction is warranted. Do you feel your neighborhood needs additional sidewalks?
Please circle one: Yes No
If yes, where?
9. The City’s policy pertaining to spacing of existing street lights is to provide for lighting at intersections
and at mid-block locations where spacing exceeds 700-feet. Do you feel your neighborhood needs
additional street lighting?
Please circle one: Yes No
If yes, where?
10. What other concerns, comments and/or issues do you have pertaining to the streets, sidewalks,
utilities, etc., in your neighborhood?
Should you have questions or need more information, please contact the Engineering Division at 763-
569-3340.
Please return by August 1, 2023 to:
Engineering Division
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Email: publicworks@ci.brooklyn-center.mn.us
Feasibility Report for Orchard Lane East Improvements Appendices
www.alliant-inc.com
Appendix B
Assessment Roll and Map
PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES
3411921320067 4300 63rd Avenue North 4,015.00$ R1
3411921320001 4500 63rd Avenue North 4,015.00$ R1
3411921320056 4518 63rd Avenue North 4,015.00$ R1
3411921320075 4309 64th Avenue North 4,015.00$ R1
3411921320035 4501 64th Avenue North 4,015.00$ R1
3411921320009 4506 64th Avenue North 4,015.00$ R1
3411921320036 4507 64th Avenue North 4,015.00$ R1
3411921320037 4513 64th Avenue North 4,015.00$ R1
3411921320038 4601 64th Avenue North 4,015.00$ R1
3411921320025 4606 64th Avenue North 4,015.00$ R1
3411921320039 4607 64th Avenue North 4,015.00$ R1
3411921320040 4613 64th Avenue North 4,015.00$ R1
3411921320041 4619 64th Avenue North 4,015.00$ R1
3411921310081 3907 65th Avenue North 35,177.78$
R5
3411921310083 4001 65th Avenue North 4,015.00$ R1
3411921310084 4007 65th Avenue North 4,015.00$ R1
3411921310085 4013 65th Avenue North 4,015.00$ R1
3411921310086 4023 65th Avenue North 4,015.00$ R1
3411921310065 4107 65th Avenue North 4,015.00$ R1
3411921240018 4112 65th Avenue North 4,015.00$ R1
3411921240050 4200 65th Avenue North 4,015.00$ R1
3411921310032 4201 65th Avenue North 4,015.00$ R1
3411921240049 4206 65th Avenue North 4,015.00$ R1
3411921240048 4212 65th Avenue North 4,015.00$ R1
3411921240047 4218 65th Avenue North 4,015.00$ R1
3411921230066 4300 65th Avenue North 4,015.00$ R1
3411921230065 4306 65th Avenue North 4,015.00$ R1
3411921230064 4312 65th Avenue North 4,015.00$ R1
3411921230063 4318 65th Avenue North 4,015.00$ R1
3411921230062 4400 65th Avenue North 4,015.00$ R1
3411921320108 4401 65th Avenue North 4,015.00$ R1
3411921230061 4406 65th Avenue North 4,015.00$ R1
3411921230060 4412 65th Avenue North 4,015.00$ R1
3411921230059 4418 65th Avenue North 4,015.00$ R1
3411921230082 4500 65th Avenue North 4,015.00$ R1
3411921230081 4506 65th Avenue North 4,015.00$ R1
3411921320017 4507 65th Avenue North 4,015.00$ R1
3411921230080 4512 65th Avenue North 4,015.00$ R1
3411921230079 4518 65th Avenue North 4,015.00$ R1
3411921230078 4600 65th Avenue North 4,015.00$ R1
3411921230077 4606 65th Avenue North 4,015.00$ R1
3411921230076 4612 65th Avenue North 4,015.00$ R1
3411921230075 4618 65th Avenue North 4,015.00$ R1
3311921140009 4706 65th Avenue North 4,015.00$ R1
3311921140010 4712 65th Avenue North 4,015.00$ R1
3411921240025 4110 66th Avenue North 4,015.00$ R1
3411921240026 4200 66th Avenue North 4,015.00$ R1
3411921240032 4201 66th Avenue North 4,015.00$ R1
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 25, 2023
2024 ORCHARD LANE EAST IMPROVEMENTS
IMPROVEMENT PROJECT NO. 2024-01
1 APPENDIX B: Assessment Roll and Map B-1
PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 25, 2023
2024 ORCHARD LANE EAST IMPROVEMENTS
IMPROVEMENT PROJECT NO. 2024-01
3411921240027 4206 66th Avenue North 4,015.00$ R1
3411921240033 4207 66th Avenue North 4,015.00$ R1
3411921240028 4212 66th Avenue North 4,015.00$ R1
3411921240034 4213 66th Avenue North 4,015.00$ R1
3411921240029 4218 66th Avenue North 4,015.00$ R1
3411921240035 4219 66th Avenue North 4,015.00$ R1
3411921240030 4224 66th Avenue North 4,015.00$ R1
3411921240036 4225 66th Avenue North 4,015.00$ R1
3411921240031 4230 66th Avenue North 4,015.00$ R1
3411921230003 4300 66th Avenue North 4,015.00$ R1
3411921230035 4301 66th Avenue North 4,015.00$ R1
3411921230004 4306 66th Avenue North 4,015.00$ R1
3411921230036 4307 66th Avenue North 4,015.00$ R1
3411921230005 4312 66th Avenue North 4,015.00$ R1
3411921230037 4313 66th Avenue North 4,015.00$ R1
3411921230006 4318 66th Avenue North 4,015.00$ R1
3411921230038 4319 66th Avenue North 4,015.00$ R1
3411921230007 4400 66th Avenue North 4,015.00$ R1
3411921230039 4401 66th Avenue North 4,015.00$ R1
3411921230108 4406 66th Avenue North 4,015.00$ R1
3411921230040 4407 66th Avenue North 4,015.00$ R1
3411921230009 4412 66th Avenue North 4,015.00$ R1
3411921230041 4413 66th Avenue North 4,015.00$ R1
3411921230103 4418 66th Avenue North 4,015.00$ R1
3411921230042 4419 66th Avenue North 4,015.00$ R1
3411921230100 4500 66th Avenue North 4,015.00$ R1
3411921230019 4501 66th Avenue North 4,015.00$ R1
3411921230102 4506 66th Avenue North 4,015.00$ R1
3411921230020 4507 66th Avenue North 4,015.00$ R1
3411921230110 4512 66th Avenue North 4,015.00$ R1
3411921230021 4513 66th Avenue North 4,015.00$ R1
3411921230014 4518 66th Avenue North 4,015.00$ R1
3411921230022 4519 66th Avenue North 4,015.00$ R1
3411921230105 4600 66th Avenue North 4,015.00$ R1
3411921230023 4601 66th Avenue North 4,015.00$ R1
3411921230109 4606 66th Avenue North 4,015.00$ R1
3411921230024 4607 66th Avenue North 4,015.00$ R1
3411921230104 4612 66th Avenue North 4,015.00$ R1
3411921230025 4613 66th Avenue North 4,015.00$ R1
3411921230101 4618 66th Avenue North 4,015.00$ R1
3411921230026 4619 66th Avenue North 4,015.00$ R1
3411921310111 6437 Brooklyn Boulevard 12,516.14$ MX-N2
3411921240055 6503 Brooklyn Boulevard 35,155.45$ MX-N2
3311921410012 4700 Eleanor Lane 4,015.00$
R1
3311921410025 4701 Eleanor Lane 4,015.00$
R1
3311921410026 4707 Eleanor Lane 4,015.00$
R1
3411921310099 6306 Indiana Avenue North 4,015.00$ R1
3411921310046 6307 Indiana Avenue North 4,015.00$ R1
2 APPENDIX B: Assessment Roll and Map B-2
PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 25, 2023
2024 ORCHARD LANE EAST IMPROVEMENTS
IMPROVEMENT PROJECT NO. 2024-01
3411921310098 6312 Indiana Avenue North 4,015.00$ R1
3411921310045 6313 Indiana Avenue North 4,015.00$ R1
3411921310097 6318 Indiana Avenue North 4,015.00$ R1
3411921310044 6319 Indiana Avenue North 4,015.00$ R1
3411921310096 6324 Indiana Avenue North 4,015.00$ R1
3411921310043 6325 Indiana Avenue North 4,015.00$ R1
3411921310095 6330 Indiana Avenue North 4,015.00$ R1
3411921310042 6331 Indiana Avenue North 4,015.00$ R1
3411921310041 6337 Indiana Avenue North 4,015.00$ R1
3411921310040 6343 Indiana Avenue North 4,015.00$ R1
3411921310039 6401 Indiana Avenue North 4,015.00$ R1
3411921310074 6406 Indiana Avenue North 4,015.00$ R1
3411921310038 6407 Indiana Avenue North 4,015.00$ R1
3411921310075 6412 Indiana Avenue North 4,015.00$ R1
3411921310037 6413 Indiana Avenue North 4,015.00$ R1
3411921310076 6418 Indiana Avenue North 4,015.00$ R1
3411921310036 6419 Indiana Avenue North 4,015.00$ R1
3411921310077 6424 Indiana Avenue North 4,015.00$ R1
3411921310035 6425 Indiana Avenue North 4,015.00$ R1
3411921310078 6430 Indiana Avenue North 4,015.00$ R1
3411921310034 6431 Indiana Avenue North 4,015.00$ R1
3411921310079 6436 Indiana Avenue North 4,015.00$ R1
3411921310033 6437 Indiana Avenue North 4,015.00$ R1
3411921310064 6442 Indiana Avenue North 4,015.00$ R1
3411921240019 6506 Indiana Avenue North 4,015.00$ R1
3411921240020 6512 Indiana Avenue North 4,015.00$ R1
3411921240021 6518 Indiana Avenue North 4,015.00$ R1
3411921240022 6524 Indiana Avenue North 4,015.00$ R1
3411921240023 6530 Indiana Avenue North 4,015.00$ R1
3411921240024 6536 Indiana Avenue North 4,015.00$ R1
3411921310048 6300 June Avenue North 4,015.00$ R1
3411921310049 6306 June Avenue North 4,015.00$ R1
3411921310050 6312 June Avenue North 4,015.00$ R1
3411921320065 6313 June Avenue North 4,015.00$ R1
3411921310051 6318 June Avenue North 4,015.00$ R1
3411921320064 6319 June Avenue North 4,015.00$ R1
3411921310052 6324 June Avenue North 4,015.00$ R1
3411921320063 6325 June Avenue North 4,015.00$ R1
3411921310053 6330 June Avenue North 4,015.00$ R1
3411921320062 6331 June Avenue North 4,015.00$ R1
3411921310054 6336 June Avenue North 4,015.00$ R1
3411921320061 6337 June Avenue North 4,015.00$ R1
3411921310055 6342 June Avenue North 4,015.00$ R1
3411921320060 6343 June Avenue North 4,015.00$ R1
3411921310056 6400 June Avenue North 4,015.00$ R1
3411921320099 6401 June Avenue North 4,015.00$ R1
3411921310057 6406 June Avenue North 4,015.00$ R1
3411921320098 6407 June Avenue North 4,015.00$ R1
3 APPENDIX B: Assessment Roll and Map B-3
PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 25, 2023
2024 ORCHARD LANE EAST IMPROVEMENTS
IMPROVEMENT PROJECT NO. 2024-01
3411921310058 6412 June Avenue North 4,015.00$ R1
3411921320097 6413 June Avenue North 4,015.00$ R1
3411921310059 6418 June Avenue North 4,015.00$ R1
3411921320096 6419 June Avenue North 4,015.00$ R1
3411921310060 6424 June Avenue North 4,015.00$ R1
3411921320095 6425 June Avenue North 4,015.00$ R1
3411921310061 6430 June Avenue North 4,015.00$ R1
3411921320094 6431 June Avenue North 4,015.00$ R1
3411921310062 6436 June Avenue North 4,015.00$ R1
3411921320093 6437 June Avenue North 4,015.00$ R1
3411921310063 6442 June Avenue North 4,015.00$ R1
3411921320092 6443 June Avenue North 4,015.00$ R1
3411921320051 4500 Kathrene Drive 4,015.00$
R1
3411921320052 4501 Kathrene Drive 4,015.00$
R1
3411921320050 4506 Kathrene Drive 4,015.00$
R1
3411921320053 4507 Kathrene Drive 4,015.00$
R1
3411921320049 4510 Kathrene Drive 4,015.00$
R1
3411921320054 4513 Kathrene Drive 4,015.00$
R1
3411921320048 4514 Kathrene Drive 4,015.00$
R1
3411921320047 4518 Kathrene Drive 4,015.00$
R1
3411921320055 4521 Kathrene Drive 4,015.00$
R1
3411921320046 4522 Kathrene Drive 4,015.00$
R1
3411921320045 4526 Kathrene Drive 4,015.00$
R1
3411921320068 6300 Kyle Avenue North 4,015.00$ R1
3411921320083 6301 Kyle Avenue North 4,015.00$ R1
3411921320069 6306 Kyle Avenue North 4,015.00$ R1
3411921320082 6307 Kyle Avenue North 4,015.00$ R1
3411921320070 6312 Kyle Avenue North 4,015.00$ R1
3411921320081 6313 Kyle Avenue North 4,015.00$ R1
3411921320071 6318 Kyle Avenue North 4,015.00$ R1
3411921320080 6319 Kyle Avenue North 4,015.00$ R1
3411921320072 6324 Kyle Avenue North 4,015.00$ R1
3411921320079 6325 Kyle Avenue North 4,015.00$ R1
3411921320073 6330 Kyle Avenue North 4,015.00$ R1
3411921320078 6331 Kyle Avenue North 4,015.00$ R1
3411921320074 6336 Kyle Avenue North 4,015.00$ R1
3411921320077 6337 Kyle Avenue North 4,015.00$ R1
3411921320076 6343 Kyle Avenue North 4,015.00$ R1
3411921320100 6400 Kyle Avenue North 4,015.00$ R1
3411921320115 6401 Kyle Avenue North 4,015.00$ R1
3411921320101 6406 Kyle Avenue North 4,015.00$ R1
3411921320114 6407 Kyle Avenue North 4,015.00$ R1
3411921320102 6412 Kyle Avenue North 4,015.00$ R1
3411921320113 6413 Kyle Avenue North 4,015.00$ R1
3411921320103 6418 Kyle Avenue North 4,015.00$ R1
3411921320112 6419 Kyle Avenue North 4,015.00$ R1
3411921320104 6424 Kyle Avenue North 4,015.00$ R1
3411921320111 6425 Kyle Avenue North 4,015.00$ R1
4 APPENDIX B: Assessment Roll and Map B-4
PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 25, 2023
2024 ORCHARD LANE EAST IMPROVEMENTS
IMPROVEMENT PROJECT NO. 2024-01
3411921320105 6430 Kyle Avenue North 4,015.00$ R1
3411921320110 6431 Kyle Avenue North 4,015.00$ R1
3411921320106 6436 Kyle Avenue North 4,015.00$ R1
3411921320109 6437 Kyle Avenue North 4,015.00$ R1
3411921320107 6442 Kyle Avenue North 4,015.00$ R1
3411921320084 6300 Lee Avenue North 4,015.00$
R1
3411921320085 6306 Lee Avenue North 4,015.00$
R1
3411921320059 6307 Lee Avenue North 4,015.00$
R1
3411921320086 6312 Lee Avenue North 4,015.00$
R1
3411921320087 6318 Lee Avenue North 4,015.00$
R1
3411921320088 6324 Lee Avenue North 4,015.00$
R1
3411921320089 6330 Lee Avenue North 4,015.00$
R1
3411921320090 6336 Lee Avenue North 4,015.00$
R1
3411921320091 6342 Lee Avenue North 4,015.00$
R1
3411921320116 6400 Lee Avenue North 4,015.00$
R1
3411921320008 6401 Lee Avenue North 4,015.00$
R1
3411921320117 6406 Lee Avenue North 4,015.00$
R1
3411921320007 6407 Lee Avenue North 4,015.00$
R1
3411921320118 6412 Lee Avenue North 4,015.00$
R1
3411921320006 6415 Lee Avenue North 4,015.00$
R1
3411921320119 6418 Lee Avenue North 4,015.00$
R1
3411921320005 6419 Lee Avenue North 4,015.00$
R1
3411921320120 6424 Lee Avenue North 4,015.00$
R1
3411921320004 6425 Lee Avenue North 4,015.00$
R1
3411921320121 6430 Lee Avenue North 4,015.00$
R1
3411921320003 6431 Lee Avenue North 4,015.00$
R1
3411921320122 6436 Lee Avenue North 4,015.00$
R1
3411921320002 6437 Lee Avenue North 4,015.00$
R1
3411921320123 6442 Lee Avenue North 4,015.00$
R1
3411921320010 6400 Major Avenue North 4,015.00$ R1
3411921320024 6401 Major Avenue North 4,015.00$ R1
3411921320011 6406 Major Avenue North 4,015.00$ R1
3411921320023 6407 Major Avenue North 4,015.00$ R1
3411921320012 6412 Major Avenue North 4,015.00$ R1
3411921320022 6413 Major Avenue North 4,015.00$ R1
3411921320013 6418 Major Avenue North 4,015.00$ R1
3411921320021 6419 Major Avenue North 4,015.00$ R1
3411921320014 6424 Major Avenue North 4,015.00$ R1
3411921320020 6425 Major Avenue North 4,015.00$ R1
3411921320015 6430 Major Avenue North 4,015.00$ R1
3411921320019 6431 Major Avenue North 4,015.00$ R1
3411921320016 6436 Major Avenue North 4,015.00$ R1
3411921320018 6437 Major Avenue North 4,015.00$ R1
3411921310094 6400 Marlin Drive 4,015.00$
R1
3411921310073 6401 Marlin Drive 4,015.00$
R1
3411921310072 6407 Marlin Drive 4,015.00$
R1
3411921310092 6412 Marlin Drive 4,015.00$
R1
3411921310091 6418 Marlin Drive 4,015.00$
R1
5 APPENDIX B: Assessment Roll and Map B-5
PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 25, 2023
2024 ORCHARD LANE EAST IMPROVEMENTS
IMPROVEMENT PROJECT NO. 2024-01
3411921310071 6419 Marlin Drive 4,015.00$
R1
3411921310090 6424 Marlin Drive 4,015.00$
R1
3411921310070 6425 Marlin Drive 4,015.00$
R1
3411921310089 6430 Marlin Drive 4,015.00$
R1
3411921310069 6431 Marlin Drive 4,015.00$
R1
3411921310088 6436 Marlin Drive 4,015.00$
R1
3411921310068 6437 Marlin Drive 4,015.00$
R1
3411921310087 6442 Marlin Drive 4,015.00$
R1
3411921310067 6443 Marlin Drive 4,015.00$
R1
3411921310066 6449 Marlin Drive 4,015.00$ R1
3411921320042 6324 Noble Avenue North 4,015.00$ R1
3311921410011 6331 Noble Avenue North 4,015.00$ R1
3311921410010 6337 Noble Avenue North 4,015.00$ R1
3311921410009 6343 Noble Avenue North 4,015.00$ R1
3411921320026 6400 Noble Avenue North 4,015.00$ R1
3311921410008 6401 Noble Avenue North 4,015.00$ R1
3411921320027 6406 Noble Avenue North 4,015.00$ R1
3311921410007 6407 Noble Avenue North 4,015.00$ R1
3411921320028 6412 Noble Avenue North 4,015.00$ R1
3311921410006 6413 Noble Avenue North 4,015.00$ R1
3411921320029 6418 Noble Avenue North 4,015.00$ R1
3311921410005 6419 Noble Avenue North 4,015.00$ R1
3411921320030 6424 Noble Avenue North 4,015.00$ R1
3311921410004 6425 Noble Avenue North 4,015.00$ R1
3411921320031 6430 Noble Avenue North 4,015.00$ R1
3311921410003 6431 Noble Avenue North 4,015.00$ R1
3411921320032 6436 Noble Avenue North 4,015.00$ R1
3311921410002 6437 Noble Avenue North 4,015.00$ R1
3411921320033 6442 Noble Avenue North 4,015.00$ R1
3311921410001 6443 Noble Avenue North 4,015.00$ R1
3411921320034 6448 Noble Avenue North 4,015.00$ R1
3311921140008 6501 Noble Avenue North 4,015.00$ R1
3311921140007 6507 Noble Avenue North 4,015.00$ R1
3311921140006 6513 Noble Avenue North 4,015.00$ R1
3311921140005 6519 Noble Avenue North 4,015.00$ R1
3311921140004 6525 Noble Avenue North 4,015.00$ R1
3311921410028 6300 Orchard Avenue North 4,015.00$ R1
3311921410046 6301 Orchard Avenue North 4,015.00$ R1
3311921410045 6307 Orchard Avenue North 4,015.00$ R1
3311921410027 6312 Orchard Avenue North 4,015.00$ R1
3311921410044 6313 Orchard Avenue North 4,015.00$ R1
3311921410043 6319 Orchard Avenue North 4,015.00$ R1
3311921410013 6324 Orchard Avenue North 4,015.00$ R1
3311921410042 6325 Orchard Avenue North 4,015.00$ R1
3311921410014 6330 Orchard Avenue North 4,015.00$ R1
3311921410041 6331 Orchard Avenue North 4,015.00$ R1
3311921410015 6336 Orchard Avenue North 4,015.00$ R1
3311921410040 6337 Orchard Avenue North 4,015.00$ R1
6 APPENDIX B: Assessment Roll and Map B-6
PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 25, 2023
2024 ORCHARD LANE EAST IMPROVEMENTS
IMPROVEMENT PROJECT NO. 2024-01
3311921410016 6342 Orchard Avenue North 4,015.00$ R1
3311921410039 6343 Orchard Avenue North 4,015.00$ R1
3311921410017 6400 Orchard Avenue North 4,015.00$ R1
3311921410038 6401 Orchard Avenue North 4,015.00$ R1
3311921410018 6406 Orchard Avenue North 4,015.00$ R1
3311921410037 6407 Orchard Avenue North 4,015.00$ R1
3311921410019 6412 Orchard Avenue North 4,015.00$ R1
3311921410036 6413 Orchard Avenue North 4,015.00$ R1
3311921410020 6418 Orchard Avenue North 4,015.00$ R1
3311921410035 6419 Orchard Avenue North 4,015.00$ R1
3311921410021 6424 Orchard Avenue North 4,015.00$ R1
3311921410034 6425 Orchard Avenue North 4,015.00$ R1
3311921410022 6430 Orchard Avenue North 4,015.00$ R1
3311921410033 6431 Orchard Avenue North 4,015.00$ R1
3311921410023 6436 Orchard Avenue North 4,015.00$ R1
3311921410032 6437 Orchard Avenue North 4,015.00$ R1
3311921410024 6442 Orchard Avenue North 4,015.00$ R1
3311921410031 6443 Orchard Avenue North 4,015.00$ R1
3311921140011 6500 Orchard Avenue North 4,015.00$ R1
3311921140012 6506 Orchard Avenue North 4,015.00$ R1
3311921140013 6512 Orchard Avenue North 4,015.00$ R1
3311921140014 6518 Orchard Avenue North 4,015.00$ R1
3311921140015 6524 Orchard Avenue North 4,015.00$ R1
3311921140002 6530 Orchard Avenue North 4,015.00$ R1
3311921140003 6536 Orchard Avenue North 4,015.00$ R1
3411921240041 4200 Winchester Lane 4,015.00$ R1
3411921240042 4201 Winchester Lane 4,015.00$ R1
3411921240040 4206 Winchester Lane 4,015.00$ R1
3411921240043 4207 Winchester Lane 4,015.00$ R1
3411921240039 4212 Winchester Lane 4,015.00$ R1
3411921240044 4213 Winchester Lane 4,015.00$ R1
3411921240038 4218 Winchester Lane 4,015.00$ R1
3411921240045 4219 Winchester Lane 4,015.00$ R1
3411921240037 4224 Winchester Lane 4,015.00$ R1
3411921240046 4225 Winchester Lane 4,015.00$ R1
3411921230050 4300 Winchester Lane 4,015.00$ R1
3411921230051 4301 Winchester Lane 4,015.00$ R1
3411921230049 4306 Winchester Lane 4,015.00$ R1
3411921230052 4307 Winchester Lane 4,015.00$ R1
3411921230048 4312 Winchester Lane 4,015.00$ R1
3411921230053 4313 Winchester Lane 4,015.00$ R1
3411921230047 4318 Winchester Lane 4,015.00$ R1
3411921230054 4319 Winchester Lane 4,015.00$ R1
3411921230046 4400 Winchester Lane 4,015.00$ R1
3411921230055 4401 Winchester Lane 4,015.00$ R1
3411921230045 4406 Winchester Lane 4,015.00$ R1
3411921230056 4407 Winchester Lane 4,015.00$ R1
3411921230044 4412 Winchester Lane 4,015.00$ R1
7 APPENDIX B: Assessment Roll and Map B-7
PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES
CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL
September 25, 2023
2024 ORCHARD LANE EAST IMPROVEMENTS
IMPROVEMENT PROJECT NO. 2024-01
3411921230057 4413 Winchester Lane 4,015.00$ R1
3411921230043 4418 Winchester Lane 4,015.00$ R1
3411921230058 4419 Winchester Lane 4,015.00$ R1
3411921230034 4500 Winchester Lane 4,015.00$ R1
3411921230067 4501 Winchester Lane 4,015.00$ R1
3411921230033 4506 Winchester Lane 4,015.00$ R1
3411921230068 4507 Winchester Lane 4,015.00$ R1
3411921230032 4512 Winchester Lane 4,015.00$ R1
3411921230069 4513 Winchester Lane 4,015.00$ R1
3411921230031 4518 Winchester Lane 4,015.00$ R1
3411921230070 4519 Winchester Lane 4,015.00$ R1
3411921230030 4600 Winchester Lane 4,015.00$ R1
3411921230071 4601 Winchester Lane 4,015.00$ R1
3411921230029 4606 Winchester Lane 4,015.00$ R1
3411921230072 4607 Winchester Lane 4,015.00$ R1
3411921230028 4612 Winchester Lane 4,015.00$ R1
3411921230073 4613 Winchester Lane 4,015.00$ R1
3411921230027 4618 Winchester Lane 4,015.00$ R1
3411921230074 4619 Winchester Lane 4,015.00$ R1
Total Assessments 1,496,129.37$
8 APPENDIX B: Assessment Roll and Map B-8
§¨¦694
")152
HALIFAX
DR
E W I N G A V E N
63RD AVE N
65TH AVE N L E E AV E N
P E R R Y AV E N
J U N E AV E N
66TH AVE N
JOYCELN
I N D I A N A AV E N
N O B L E AV E N
K Y L E AV E N
WINCHESTER LN
HOWE LN Q U A I L AV E N
O R C H A R D AV E N
M A R L I N D R
D R E W AV E N
6
4
T
H
AVE
N
M A J O R A V E N
REGENT AVE N
KATHE
R
I
N
E
D
R
F R A N C E AV E N
G R I M E S A V E N
ELEANO
R
LN
WINC
H
E
S
T
E
R
L
N
N O B L E AV E N
K Y L E A V E N
F R A N C E AV E N
B R O O K L Y N B L V D
M A J O R AV E N
FRANCE AVE N
66THAV E N
ORCHARD
A
V
E
N
6511
4020
3907
6503
6404
6437
4 6 1 8
4 6 1 2
4 6 0 6
4 6 0 0
4001
4526
45224613
45 0 0
4 5 1 2
4 5 0 6
4 4 1 8
4 0 0 7
6412
4 4 0 6
6407
6536
4 6 0 7
6324
4 6 0 1
4201
6512
4 5 1 0
63136506
6
3
0
7
4 4 1 9
6 5 3 6 4700
4200
4 5 1 4
6
3
1
9
4 5 0 04501
4 2 1 2
4 2 1 8
4 2 2 4
6307
4 2 3 0
4 3 0 0
4 3 0 6
4 3 1 2
4 3 1 8
4 4 0 0
4 4 1 2
4 5 1 8
6324
6300
6 4 4 9
6306
6312
6437
6
4
1
9
4 1 0 7
6400
4201
6507
6442
6 5 0 0
6 5 0 1
6318
4013
6325
6
5
1
8
4606
6431
4 4 1 8
6448
6
4
1
3
4 4 1 8
4 2 0 6
6
4
1
2
6324
4518
6
4
1
8
64
24
6430
4
11
2
4507
4513
6
4
0
7
4200
6513
6
4
2
4
6 4 3 7
4201
6330
6401
6412
6413
6413
6
41
9
4212
4218
4312
4300
4306
4400
4318
4412
4406
4206
4212
44124413
4213
4207
6
4
25
44 1 9
6
4
0
6
4023
6 43 6
6
4
3
0
6425
6512
6518
6530
6524
6
4
3
1
6
4
4
3
6
4
3
7
6
4
2
5
4507
6
5
06
4 5 3 0
64
3
6
6 3 0 0
6
4
31
6437
6431
4 5 0 66415
4309
6343
6336
6337
6330
6331
6318
6319
6312
6313
6306
4 3 0 0
6300
6313
6
419
4 6 1 9
6307
6
4
1
8
6
4
2
4
6
4
0
1
6
4
1
2
6
4
3
0
6
4
2
4
6
4
3
6
6
4
1
8
6
4
0
6
6
4
3
0
6336
6342
6400
64
4
2
6406
6418
6424
6430
6436
6337
6401
6419
6443 6343
6407
6425
6437
6431
6442
6443
6437
6431
6425
6331
6419
6407
4206
4 5 0 1
4 5 0 7
4 5 1 3
6401
4 6 0 7
4 6 1 3
4 6 0 1
4 6 1 9
4 5 1 9
4 5 0 6
4 5 0 0
4 5 1 2
4 6 0 0
4 6 1 2
4319
4 6 0 6
4313
4413
4401
4 5 1 8
4 6 1 8
4407
4219
4225
4301
4307
4213
4207
6343
6337
6331
4218
4224
4300
4306
4312
4318
4400
4406
4 6 1 2
4 6 1 8
4 5 1 2
4 5 1 8
4 6 0 6
4 5 0 0
4 6 0 0
4 5 0 6
4 6 1 3
4 6 0 1
4 5 1 3
4 5 1 9
4 5 0 1
4 6 0 7
4 6 1 9
4 5 0 7
4407
4401
4319
4313
4307
4301
4225
4219
6330
6436
6430 6312
6306
6442
4500
4518
6401
6400
6407
6401
6406
6400
6413
6407
6412
6406
6419
6413
6418
6412
6419
6418
6431
6430
6437
6431
6436
6430
6443
6437
6442
6436
4401
6442
6300
6301
6
4
1
8
6306
6307
6312
6313
6318
6319
6330
6331
6336
6337
6342
6343
4110
6425
6419
6
4
1
2
6413 6325
6407
6401
6 3 1 2
6343
6337
6331
6324
6400
6319
6
4
4
2
6301
4 7 1 2
4 7 0 6
6424
6418
6412
6406
6400
6342
6336
6330
6318
6300
6
4
3
6
6519
4 2 0 0
6407
4 7 0 1
6
4
0
0
4 5 0 1
6 3 0 1
6
4
0
6
4 7 0 7
6424
6425
6424
6425
6 4 0 1
6324
6325
6324
6325
6525
4 5 0 6
4521
6530
4507
4513
6524
Assessment Map
Orchard Lane East Improvement Area
Ü
8/2/2023
Legend
Proposed R1 Assessment (Unit Amount Basis)
Proposed R5 Assessment (Acreage Basis)
Proposed Mixed Use Neighborhood Assessment (Acreage Basis)
Previously Assessed
City Owned Property
APPENDIX B: Assessment Roll and Map B-9
C ouncil R egular M eeng
DAT E:9/25/2023
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:Res olu+on A mending the C ity of Brooklyn C enter Fee S chedule Rela+ng to Licens ing of the
S ale of Edible C annabinoid P roducts
Requested Council A con:
- moon to approve a resoluon amending the C ity of Brooklyn C enter Fee S chedule relang to L icensing
of the S ale of Edible C annabinoid P roducts
B ackground:
The C ity C ouncil adopted an ordinance allowing the sale of edible cannabinoid products at their S eptember
11, 2023 C ity C ouncil mee+ng, This res olu+on is to set the fee for the licens ing and background check of
that ordinance.
The fee for the licens e is $450 and the one +me background check is $200.
B udget I ssues:
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 pera+onal Excellence
AT TA C H M E N TS :
D escrip+on U pload D ate Type
Res olu+on 9/22/2023 Resolu+on Le9er
Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE CITY OF BROOKLYN CENTER FEE
SCHEDULE RELATING TO LICENSING OF THE SALE OF EDIBLE
CANNABINOID PRODUCTS
WHEREAS, the City Council approved an ordinance for the sale of edible
cannabinoid products; and
WHEREAS, the fee for the license and background check for this license is part
of the fee schedule; and
WHEREAS, the fee for the license is $450 and the background check is $200; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that amends the Fee Schedule to include the fee for the sale of edible
cannabinoid products license and background check.
September 25, 2023
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:9/25/2023
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:L aToya Turk, O ffice of C ommunity P reven0on, H ealth and S afety
S U B J E C T:C ommunity I ntervenor U pdate
Requested Council A con:
C ouncil hear and accept staff's presentaon regarding the C ity 's C ommunity I ntervener P ublic S afety
S trategy update.
B ackground:
I n A pril 2023, staff presented a crime reduc0on s trategy report to the C ity C ouncil. The crime reduc0on
included immediate and long-term strategies .
Execu0on ac0ons of thos e strategies included:
1. A uto The: D etails
2. H ot spot area community educa0on (I nterveners - environment awareness and self-defense)
3. S hared intelligence across partners (i.e. juris dic0ons, agencies and community organiza0ons)
4. S teering locks (i.e. financial acces s ible and community educa0on)
5. Busines s es adding security
6. Monitoring of hot spots
7. I ncreas e presence in hot spots (i.e. Patrol and I nterveners )
8. Pole camera
9. S hared intelligence across partners specifically s ocial media influence
10. Regional partnership strategies (i.e. jurisdic0ons , state, community organiz a0ons and federal)
11. Comprehensive I ntervener D eployment
Busines s es
Parks
H ot S pots
Parks
S chools
O f the 11 strategies iden0fied was the use of interveners as a interven0on strategy.
Na0onal public health preven0on models have s how n pos i0ve results in helping to curtail violent crime w ith
other public s afety and health benefits . Below are tw o examples :
•The S afe and S ucces s ful Youth I ni0a0ve in Mas s achuseGs , which requires ci0es to focus on using a
s treet outreach model to provide comprehensive services and mentoring to at-risk young men 17 to 24
years of age, has been as s ociated w ith a 35% reduc0on in violence and a cost saving of $7 per dollar
inves ted.
•Na0onally, the Family V iolence and P reven0on S ervices A ct, the V iolence A gains t Women A ct, and
D epartment of Jus0ce ini0a0ves s uch as the Na0onal I ns0tute of J us 0ce P rograms and S uppor0ng
Male S urvivors of V iolence, along w ith the Na0onal Forum for V iolence P reven0on and many C D C
ini0a0ves (e.g., S triving to Reduce Youth V iolence Everyw here), have been es s en0al to paving the way in
incorpora0ng health approaches into policy and programma0c collabora0ve efforts to address violence.
Council reques ted an update on intervener s trategy deployed in Brooklyn Center. S taff will present the
ini0al efforts of a comprehens ive approach to preven0on and interven0on via the use of interveners .
S taff w ill pres ent on the follow ing:
•P ublic H ealth I ntersec0on
•Comprehensive A pproach
•Community Bas ed V iolence I nterven0on and P reven0on Model (C V I )
•D ata C ollec0on
•Na0onal Trends
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Enhanced Community I mage, Resident Economic S tability, I nclusive C ommunity Engagement, S afe, S ecure,
S table Community, Customer I n0macy , O pera0onal Excellence
C ouncil R egular M eeng
DAT E:9/25/2023
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:A ngela H olm, D irector of F iscal & S upport S ervices
S U B J E C T:Res olu0on A pproving the P reliminary 2024 P roperty Tax Levy and P reliminary Budget
Requested Council A con:
- I t is recommended that the C ity C ouncil consider approval of two resoluons of seng the 2024
preliminary property tax levy and preliminary budget.
B ackground:
Each year the C ity is required by S tate Law to establis h a maximum levy and preliminary budget for the use
of that levy. O nce adopted, the C ity may not increase the levy but the levy may be decreas ed. Ci0z ens will
receive no0ce of the maximum levy with their tax no0ce in the fall. O n D ecember 4, 2023 the C ity C ouncil
w ill hold a public hearing and adopt the final levy and the final spending plan (budget) for all funds .
At the August 30, 2023 C ity C ouncil-Financial C ommission J oint Work Session, a budget overview was presented
that included opera0ng budget policies, revenue policies, budget goals & outcomes (which included discussion on
the C ity ’s strategic priori0es and outcome-based budget principles), market value trends and property tax
implica0ons.
Subsequent J oint Work Sessions held on J uly 22 and August 19 were dedicated to budget request presenta0ons
by Departments Heads. T he preliminary review of the 2024 budget, based on departmental requests, would have
required a levy increase of approximately $3,800,000 (19.22%).
T hrough the work of D epartment Heads, we reduced the preliminary levy by $1,871,493 (49.23%) resul0ng in a
preliminary levy increase of 8.5%.
O n Monday, September 18 during a special council mee0ng, the C ouncil held further budget discussions. B ased
upon the discussion the C ouncil directed staff address a few items within the budget (i.e., 24 Hour Fire D uty C rew,
Wages, Deputy C ity Manager, Police Sergeant, and Vehicle Fleet Replacement Funds, etc.). Staff will present two
op0ons for preliminary levy increase (8.5% or 9.2%) for C ouncil considera0on.
C ity C ouncil will be asked to consider approval of two resolu0ons. T he first resolu0on establishes the preliminary
property tax levy for the 2024 fiscal year. T his levy, upon adop0on, becomes the maximum levy allowed to the
C ity for the 2024 fiscal year. T he second resolu0on adopts the preliminary budgets for those funds using por0ons
of the property tax levy for opera0ons.
T his increase of either op0on, if adopted will have varying impacts on individual proper0es based on their change
in taxable value. T he following chart illustrates changes in taxable values between the classifica0ons of
residen0al, commercial, industrial, and apartments:
P reliminary Taxable Market Value Es0mates
Clas s Payable 2023 Es 0mated
2024
Change
(%)
Commercial $362,542,100 $379,696,000 4.7%
I ndustrial 187,365,900 223,660,400 19.4%
Residen0al 1,671,790,823 1,999,615,520 19.6%
A partment 380,923,270 442,314,670 16.1%
O ther 456,000 479,000 5.0%
Totals 2,617,375,993 3,059,933,190 16.9%
A s illus trated by the chart, the City con0 nues to see increases in market values . Most homes tead
residen0al proper0 es w ill see an increas e in taxable market value for the ninth cons ecu0 ve y ear. Tax
C apacity of the C ity is projected to increas e 12.9%. This con0nued increase in tax capacity acros s all
property types in the City is w hy the City is able to maintain s imilar levy increases year over year while
als o maintaining expected service levels .
Staff will be presen0ng the full informa0on on Monday, September 25, 2023.
B udget I ssues:
This is a budgetary item, which final implica0ons will not be known un0l aJer C ouncil adop0on of the 2024
preliminary property tax levy and preliminary budget.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
AT TA C H M E N TS :
D escrip0on U pload D ate Type
G eneral F und Revenues 9/22/2023 Backup M aterial
G eneral F und Expenditures 9/22/2023 Backup M aterial
City of Brooklyn Center
2024 Budget - General Fund - Revenue Summary
2023
2022 August 2023 2024
Actual YTD Budget Budget Change
10100 GENERAL FUND
PROPERTY TAXES 19,409,111$ 10,562,053$ 20,886,995$ 22,805,350$ 9.18%
TAX INCREMENTS (12) - - - 0.00%
LODGING TAXES 895,883 548,398 1,100,000 900,000 -18.18%
TOTAL TAXES 20,304,982 11,110,451 21,986,995 23,705,350 7.82%
LICENSES 339,253 234,322 271,975 253,555 -6.77%
PERMITS 533,203 430,529 1,896,500 676,500 -64.33%
TOTAL LICENSES & PERMITS 872,456 664,851 2,168,475 930,055 -57.11%
FEDERAL 263,076 - 48,300 - -100.00%
STATE 1,828,442 1,285,620 1,943,185 2,292,075 17.95%
COUNTY - - - - 0.00%
LOCAL - 60,450 500,000 50,000 -90.00%
TOTAL INTERGOVERNMENTAL 2,091,518 1,346,070 2,491,485 2,342,075 -6.00%
GENERAL GOVERNMENT 152,714 92,375 79,500 82,200 3.40%
PUBLIC SAFETY 13,883 10,605 9,000 10,500 16.67%
COMMUNITY DEVELOPMENT 23,059 21,807 5,000 10,500 110.00%
PARKS & RECREATION 134,428 105,597 155,500 130,500 -16.08%
COMMUNITY CENTER 247,401 212,390 281,500 260,000 -7.64%
TOTAL CHARGES FOR SERVICES 571,485 442,774 530,500 493,700 -6.94%
SPECIAL ASSESSMENTS 34,393 60,559 40,000 40,000 0.00%
FINES & FORFEITURES 175,901 147,019 161,000 171,000 6.21%
INVESTMENT EARNINGS (403,160) 115,589 106,600 100,000 -6.19%
MISCELLANEOUS 158,782 216,820 193,242 180,500 -6.59%
TRANSFERS IN - - - - 0.00%
10100 GENERAL FUND REVENUES 23,806,357$ 14,104,133$ 27,678,297$ 27,962,680$ 1.03%
Object Code / Description
City of Brooklyn Center
2024 Budget - General Fund - Expenditure Summary by Function
2023
2021 2022 September 2023 2024
Object Code / Description Actual Actual YTD Budget Budget Change
10100 GENERAL FUND
41110 MAYOR & COUNCIL 176,396$ 134,385$ 169,767$ 183,813$ 181,779$ -1.11%
41320 CITY MANAGER 276,829 217,421 157,505 238,359 402,107 68.70%
41410 ELECTIONS 109,197 164,435 52,152 148,885 236,340 58.74%
41430 CITY CLERK 242,605 242,134 175,192 282,246 185,626 -34.23%
41520 FINANCE 596,757 648,620 494,410 753,285 815,182 8.22%
41550 ASSESSING 258,175 134,704 272,558 275,500 270,000 -2.00%
41610 LEGAL 477,689 475,825 345,950 470,000 470,000 0.00%
41710 COMMUNICATION & ENGAGEMENT 480,343 472,347 210,571 577,281 7,900 -98.63%
41750 COMMUNICATIONS - - 68,275 - 341,564 100.00%
41760 ENGAGEMENT - - 34,274 - 266,046 100.00%
41810 HUMAN RESOURCES 437,606 516,696 451,643 675,426 785,626 16.32%
41920 INFORMATION TECHNOLOGY 724,282 774,202 481,345 867,181 898,054 3.56%
41940 GOVERNMENT BUILDINGS 949,291 1,171,266 924,920 1,221,148 1,249,366 2.31%
48170 INTERFUND REIMBURSEMENT (1,579,711) (1,437,048) (1,200,279) (2,032,632) (2,032,632) 0.00%
GENERAL GOVERNMENT 3,149,459 3,514,987 2,638,283 3,660,492 4,076,958 11.38%
42010 PREVENTION HEALTH AND SAFETY - 159,533 456,851 1,067,907 387,359 -63.73%
42110 ADMINISTRATION 295,234 484,433 371,868 457,467 542,384 18.56%
42120 INVESTIGATION 1,178,777 865,296 949,926 1,123,327 1,180,808 5.12%
42123 PATROL 6,440,525 6,080,125 4,908,002 7,936,563 7,651,394 -3.59%
42151 SUPPORT SERVICES 935,091 914,737 677,091 1,066,684 1,103,459 3.45%
42170 STATION & BUILDINGS 545,229 325,087 202,356 196,850 154,250 -21.64%
POLICE 9,394,856 8,669,678 7,109,243 10,780,891 10,632,295 -1.38%
42210 FIRE 1,752,015 1,975,684 1,168,824 2,094,539 2,375,756 13.43%
42510 EMERGENCY PREPAREDNESS 15,946 3,139 21,208 36,100 29,400 -18.56%
FIRE 1,767,961 1,978,823 1,190,032 2,130,639 2,405,156 12.88%
41910 PLANNING & ZONING 389,910 264,712 533,095 300,429 280,954 -6.48%
42410 BUILDING INSPECTIONS 27 - - - - 0.00%
42411 CODE ENFORCEMENT 44 15 3 - - 0.00%
42420 BUILDING & COMMUNITY STANDARDS 1,197,988 1,309,190 853,568 1,317,026 1,289,696 -2.08%
46320 COMMUNITY DEVELOPMENT ADMIN 278,001 445,836 118,607 335,107 332,088 -0.90%
COMMUNITY DEVELOPMENT 1,865,970 2,019,753 1,505,273 1,952,562 1,902,738 -2.55%
43110 ENGINEERING 1,125,936 873,640 749,350 1,227,688 1,193,574 -2.78%
43220 STREET MAINTENANCE 1,511,450 1,476,765 1,084,674 1,571,939 1,758,293 11.86%
43221 TRAFFIC CONTROL 223,383 250,843 178,286 263,503 276,256 4.84%
45201 PARK FACILITIES 1,290,671 1,338,151 1,053,897 1,581,941 1,683,055 6.39%
45204 FORESTRY 113,531 188,178 94,234 156,361 162,570 3.97%
PUBLIC WORKS 4,264,971 4,127,577 3,160,441 4,801,432 5,073,748 5.67%
45010 ADMINISTRATION 220,086 142,494 - - - 0.00%
45100 PARK AND REC ADMIN - 1,667 790,100 706,163 1,193,028 68.95%
45110 RECREATION ADMINISTRATION 821,391 883,225 - - - 0.00%
45111 ADULT PROGRAMS 76,511 45,017 - - - 0.00%
45112 TEEN PROGRAMS - 308 - - - 0.00%
45113 YOUTH PROGRAMS 59,407 97,602 - - - 0.00%
45119 GENERAL RECREATION 51,006 39,712 - - - 0.00%
45120 RECREATION FACILITIES - - 524,128 872,801 713,689 -18.23%
45122 COMMUNITY CENTER 208,941 267,872 - - - 0.00%
45140 RECREATION PROGRAMMING - 711 210,384 474,191 444,489 -6.26%
45124 POOL 444,459 559,130 - - - 0.00%
45218 HEALTH AND SOCIAL ENVIRONMENT - 197,695 136,458 378,303 198,538 -47.52%
RECREATION 1,881,801 2,235,433 1,661,070 2,431,458 2,549,744 4.86%
44110 JOINT POWERS 210,488 70,958 146,828 187,000 130,000 -30.48%
45310 CONVENTION & TOURISM 349,617 368,875 334,545 475,000 475,000 0.00%
48140 INSURANCE 247,455 218,606 242,365 283,916 352,182 24.04%
48150 CENTRAL SUPPLIES 734,215 234,216 141,976 327,000 197,500 -39.60%
48160 VACANCY AND TURNOVER SAVINGS - - - (600,000) (400,000) -33.33%
NON-DEPARTMENTAL 1,541,775 892,655 865,714 672,916 754,682 12.15%
48210 TRANSFERS OUT 215,000 210,000 - 180,000 180,000 0.00%
TRANSFERS 215,000 210,000 - 180,000 180,000 0.00%
10100 GENERAL FUND EXPENDITURES 24,081,793$ 23,808,439$ 18,586,907$ 27,678,297$ 27,962,680$ 1.03%
Housing and
Redevelopment Authority
City Hall Council Chambers
S eptember 25, 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 City Council packet, including HRA (Housing and Redevelopment 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 Agenda and Consent Agenda
The following items are considered to be routine by the Housing and Redevelopment Authority
(HRA) 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 consent
agenda and considered at the end of Commission Consideration I tems.
a.Approval of Minutes
- Motion to approve minutes from December 5, 2022.
4.Commission Consideration Items
a.Resolution A pproving the 2024 P reliminary Budget for the Housing and
Redevelopment Authority of B rooklyn Center Minnesota P ursuant to
Minnesota Statutes Chapter 463
- Motion to approve a resolution for HRA Preliminary 2024 Property Tax
Levy and Budget.
5.Adjournment
Housing and R edevelopment A uthority
DAT E:9/25/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, A c#ng City Manager
T H R O U G H :N/A
BY:Barb S uciu, C ity C lerk/I nterim A s s is tant C ity M anager
S U B J E C T:A pproval of Minutes
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee#ngs must be documented
and approved by the governing body.
B udget I ssues:
- None
S trategic Priori es and Values:
O pera#onal Excellence
AT TA C H M E N TS :
D escrip#on U pload D ate Type
12.05.22 H R A M inutes 9/19/2023 Backup M aterial
12/5/22 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
DECEMBER 5, 2022
CITY HALL – COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Housing and Redevelopment Authority (HRA) met in Regular Session called
to order by Chair Mike Elliott at 7:58 p.m.
2. ROLL CALL
Chair Mike Elliott and Commissioners Marquita Butler, Dan Ryan, Kris Lawrence-Anderson, and
April Graves were present. Also present were City Manager Reggie Edwards, Director of Fiscal
& Support Services Angela Holm, Communication Coordinator Angel Smith, and City Attorney
Jason Hill
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Chair Elliott moved and Commissioner Ryan seconded approval of the Agenda and Consent
Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. September 26, 2022 – Regular Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION ESTABLISHING A PROPERTY TAX FOR THE PURPOSE OF
DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL
SERVICES AND RELOCATION ASSISTANCE FOR PURSUANT TO THE
PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE
HOUSING AND REDEVELOPMENT AUTHORITY OF BROOKLYN CENTER,
MN FOR FISCAL YEAR 2023
Chair Elliott moved and Commissioner Ryan seconded to adopt a Resolution Establishing a
Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing informational
and relocation assistance pursuant to the provisions of Minnesota Statutes Chapter 469.033 for the
Housing and Redevelopment Authority of Brooklyn Center, Minnesota for fiscal year 2023.
12/5/22 -2- DRAFT
Motion passed unanimously.
Chair Elliott moved and Commissioner Ryan seconded to adopt HRA RESOLUTION 2022-__, a
Resolution Approving the Final Budget for the Housing and Redevelopment Authority of
Brooklyn Center, Minnesota, pursuant to Minnesota Statute Chapter 469.
Motion passed unanimously.
5. ADJOURNMENT
Commissioner Graves moved and Commissioner Butler seconded adjournment of the Housing and
Redevelopment Authority meeting at 8:01 p.m.
Motion passed unanimously.
Housing and R edevelopment A uthority
DAT E:9/25/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, A c#ng City Manager
T H R O U G H :N/A
BY:A ngela H olm, D irector of F iscal & S upport S ervices
S U B J E C T:Res olu#on A pproving the 2024 P reliminary Budget for the H ous ing and Redevelopment
A uthority of Brooklyn C enter M innesota P urs uant to M innesota S tatutes Chapter 463
B ackground:
S trategic Priori es and Values:
Resident Economic S tability
AT TA C H M E N TS :
D escrip#on U pload D ate Type
Res olu#on 9/21/2023 Resolu#on Le9er
Commissioner introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE 2024 PRELIMINARY BUDGET FOR
THE HOUSING AND REDEVELOPMENT AUTHORITY OF
BROOKLYN CENTER, MINNESOTA PURSUANT TO MINNESOTA
STATUTES CHAPTER 469
WHEREAS, the Housing and Redevelopment Authority of Brooklyn
Center, Minnesota has considered the preliminary budget for Fiscal Year 2024.
NOW, THEREFORE, BE IT RESOLVED by the Housing and
Redevelopment Authority of Brooklyn Center, Minnesota that revenues and appropriations
for the Housing and Redevelopment Authority are hereby adopted as follows:
Housing and Redevelopment Authority
Revenues
Property Taxes $ 586,081
Total Housing and Redevelopment Authority $ 586,081
Appropriations
Transfer to EDA Fund $ 586,081
Total Housing and Redevelopment Authority $ 586,081
September 25, 2023
Date Chair
The motion for the adoption of the foregoing resolution was duly seconded by
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.
E conomic Development
Authority
City Hall Council Chambers
S eptember 25, 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 August 28, 2023, minutes.
b.Resolution A pproving the Termination of the L ease Agreement and
Relocation A ssistance A greement with Ocean Buffet and Alatus Brooklyn
Center
- Motion to approve a resolution approving the termination of the lease
agreement and relocation assistance agreement with Sheng Zheng, Wang
Lin, Lin, Inc., operating under the trade name "Ocean Buffet" and Alatus
Brooklyn Center.
4.Commission Consideration Items
a.Resolution A pproving an A greement B etween Metropolitan Council and the
Economic Development A uthority of Brooklyn Center for the P ark and Ride
L ot L ocated at the I ntersection of State Trunk Highway 252 and 66th Avenue
North
- Motion to adopt a resolution approving an agreement between
Metropolitan Council and the Economic Development Authority of Brooklyn
Center, Minnesota for the Park and Ride lot located at the intersection of
state trunk highway 252 and 66th Ave N.
b.Resolution A pproving P artial Waiver and E stoppel Certificate Regarding the
Construction, Operation, and Reciprocal Easement A greement for P roperty
Owned by the Economic Development A uthority of Brooklyn Center
- Motion to Approve a resolution approving partial waiver and a estoppel
certificate regarding the construction, operation, reciprocal easement
agreement for property owned by the Economic Development Authority of
Brooklyn Center, Minnesota at 6100 Shingle Creek Parkway.
5.Adjournment
Economic Development Authority
DAT E:9/25/2023
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 A ugust 28, 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 escrip0on U pload D ate Type
8.28 E DA Minutes 9/18/2023 Backup M aterial
8/28/23 -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
AUGUST 28, 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 8:22 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 CONSENT AGENDA
Commissioner Jerzak moved and Commissioner Lawrence-Anderson seconded to approve the
Agenda and Consent Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. June 26, 2023 – Regular Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION APPROVING THE MICRO-FAÇADE GRANT AWARD TO
BROTHERS TAQUERIA
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 the item is to contribute $5,000 to
go towards a new sign for Brothers Taqueria. The business also has funds committed to the project.
8/28/23 -2- DRAFT
Commissioner Jerzak asked how a small business can determine if they are eligible to apply for
the micro-grant. Mr. Anderson stated there is about $50,000 in EDA funds dedicated to the
program, and there are still funds available. The maximum award for each business is $5,000.
Information is available on the website.
Commissioner Kragness asked when the deadline for the application is. Mr. Anderson stated it is
an ongoing program, so there are no deadlines.
President Graves suggested staff do some more community education on the program.
President Graves noted there was a grand opening for Brothers Taqueria recently.
Commissioner Lawrence-Anderson moved and President Graves seconded to adopt EDA
Resolution Approving the Award of Grants Under the Micro-Grant Facade Program.
Motion passed unanimously.
4b. RESOLUTION APPROVING THE MICRO-FAÇADE GRANT AWARD TO QUE
VIET
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 the item is to contribute $5,000 to
go toward an improved parking lot at Que Viet. The business also has funds committed to the
project.
President Graves noted the egg rolls at Que Viet are amazing.
President Graves moved and Commissioner Jerzak seconded to adopt EDA Resolution Approving
the Award of Grants Under the Micro-Grant Facade Program.
Motion passed unanimously.
5. ADJOURNMENT
Commissioner Lawrence-Anderson moved and President Graves seconded adjournment of the
Economic Development Authority meeting at 8:28 p.m.
Motion passed unanimously.
Economic Development Authority
DAT E:9/25/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:J esse A nders on, C ommunity D evelopment D irector
S U B J E C T:Res olu.on A pproving the Termina.on of the L eas e A greement and Reloca.on A ssistance
A greement with O cean Buffet and A latus Brooklyn Center
Requested Council A con:
- Moon to approve a resoluon approving the terminaon of the lease agreement and relocaon
assistance agreement with S heng Z heng, Wang L in, L in, I nc., operang under the trade name "Ocean
Buffet" and A latus Brookly n C enter.
B ackground:
D ue to the delays in the O pportunity S ite, there have been mul.ple amendments to the leas e for O cean
Buffet. At the last C ity C ouncil mee.ng the Council D irected staff to nego.ate a buy out of the lease w ith
O cean Buffet. S taff have discuss the s itua.on w ith the owners of O cean Buffet and they are agreeable to
buying out the lease at $150,000. They understand that this would be dependent on the approval of the
E DA .
The C ity A7orney's office has prepared an termina.on of lease that includes payment of $150,000 to ocean
buffet. The tenant w ould clos e busines s on S eptember 30, 2023 and would have 2 w eeks to completely
move out of the property.
City Council D is cus s ed the follow ing op.ons w ith the O cean Buffet Lease at the S eptember 11, 2023 City
Council Work-ses s ion.
Lease Extension: The original leas e agreement has been amended six .mes , with very few s ubs tan.ve
change betw een amendments. The mos t recent amendment provided (1) an extens ion of the deadline for
clos ing to S eptember 30, 2023, (2) if clos ing did not occur by that date, the leas e remained in effect,
including the tenant’s op.on to extend the term of the lease for five years, (3) tenant con.nues to pay no
minimum annual rent but is s.ll obligated to pay addi.onal rent and percentage rent, as those are defined in
the lease, and (4) the amended/z ero rent provis ion expressly excludes the op.on term.
The C ity has the op.on to extend the lease for a s eventh .me to accommodate A latus ’ extended .meline.
A ny such extension would presumably be on the s ame terms and really would change very li7le with regard
to the current s itua.on.
Lease B uy O ut now: U nder the current arrangement, the city owes $300,000 as a lease termina.on fee.
A latus was going to pay this fee at the .me of closing w ith the C ity. The City w as reimbursing A latus for this
payment through T I F and other financial assistance in the project.
The C ity has the op.on to nego.ate directly w ith the tenant to buy out the lease. U l.mately, the City buying
out the lease clears up the s ite, w hich benefits both the C ity, A latus or any other future developer. The buy
out can occur before or aEer the S eptember 30th deadline, but it would be preferable to a7empt to
complete it prior to the deadline. I f prior to the termina.on, w e would als o need to get A latus to sign off
becaus e they were a party to the lease amendments. P rocedurally, the agreement w ould be terminated
through a simple termina.on agreement executed by the E DA .
S taff recommends purs uing this op.on. S ince the lease buy out is a cos t to the C ity for the project anyw ay,
it makes sens e to remove this barrier to development now. This w ill also eliminate the cos t of con.nuing to
operate and manage the property. The E DA can use funding from T I F 3 to cover this expense.
A llow the current extension to expire: The City could also jus t allow the leas e term to expire on S eptember
30th. At that point, there are tw o pos s ible paths forward:
1. The tenant has un.l S eptember 30th to extend the lease for five years. I f the tenant exercises the
op.on, the original leas e is extended under the same terms, w hich w ould include the rent and charge
adjus tments . The tenant’s rent would adjust to “fair market value” but all other terms of the lease
w ould con.nue.
2. The tenant does not exercise the op.on and the leas e is terminated.
B udget I ssues:
The T I F 3 account has funds available for the $150,00 buy out of this lease.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Targeted Redevelopment
AT TA C H M E N TS :
D escrip.on U pload D ate Type
Termina.on A greement 9/19/2023 Backup M aterial
Res olu.on 9/19/2023 Resolu.on Le7er
1
TERMINATION OF LEASE AGREEMENT AND RELOCATION ASSISTANCE
AGREEMENT
THIS TERMINATION OF LEASE AGREEMENT AND RELOCATION ASSISTANCE
AGREEMENT (“Agreement”) made and entered into effective as of this _____ day of September
30, 2023, by and between the Economic Development Authority of Brooklyn Center (“Landlord” or
“City”), and Sheng Zheng, individually, Wang Lin, individually, and Lin Inc., operating under the
trade name Ocean Buffet (collectively, “Tenant”) and Alatus Brooklyn Center, a Minnesota limited
liability corporation, its subsidiaries and assignees (collectively referred to as “Purchaser”)
(collectively, the “Parties”)
RECITALS
A. On March 10, 2011, Centro Saturn Holdings, SPE, LLC, a Delaware limited liability
company, Landlord’s predecessor in interest, and Zheng Asian, Inc., a Minnesota
corporation, Tenant’s predecessor in interest, entered into a Lease Agreement (“Lease”)
whereby Tenant’s predecessor in interest leased, for a term of one hundred twenty (120)
full calendar months beginning on the Commencement Date, from Landlord’s
predecessor in interest that certain premises known as Store #5810 consisting of 8,100
rentable square feet located at 5810 Shingle Creek Parkway, Brooklyn Center, Minnesota
55430 (the “Premises”).
B. Landlord intends to sell certain property to Purchaser that includes, but is not limited to,
the Premises (the “Property”) for the purpose of redeveloping the Property, including the
demolition of the Premises.
C. In March 2016, Landlord and Tenant entered into an Amendment to Lease (the “First
Amendment”) and since January 2021, the Parties have entered into five (5) additional
amendments of the Lease, which included extending the term of the Lease, incorporating
provisions related to the potential redevelopment of the Property, a non-refundable
relocation payment and relocation assistance agreement, and extension of the Tenant’s
option to extend the term of the Lease for an additional five (5) years, subject to the
closing of the sale of the Property to the Purchaser on a specific date.
D. The closing of the sale of the Property has not occurred and will not occur prior to the
existing deadline of September 30, 2023, as set forth in the Sixth Amendment to Lease
Agreement.
E. The closing of the sale of the Premises is not anticipated to take place for a number of
months, and therefore, in the best interests of the parties, the parties have negotiated and
desire to terminate the Lease, and any and all amendments thereto, effective September
30, 2023, while allowing the Tenant to surrender the Premises no later than October 15,
2023.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Recitals. All recitals are incorporated by reference as terms of this Agreement.
2
2. Termination of Lease. The Lease, and any and all amendments thereto, shall terminate
effective September 30, 2023. All Additional Rent and Percentage Rent, as set forth in the
Lease, shall be pro rated as of September 30, 2023.
3. No Release of Tenant. Nothing contained herein shall release Tenant from any obligations
under the Lease accruing on or prior to September 30, 2023.
4. Surrender. Tenant shall surrender the Premises as set forth in Section 2.03 of the Lease,
subject to the following amendments to Section 2.03, adding the following double-
underlined language and deleting the stricken language:
Section 2.03. Surrender of the Demised Premises.
No later than October 15, 2023 At the Expiration Date or upon the earlier termination of this
Lease in accordance with the terms and provisions hereof, Tenant shall quit and surrender
the Demised Premises in “broom clean” condition and in the same condition as the Demised
Premises were in upon delivery of possession, Landlord's approved alterations, reasonable
wear and tear excepted, and shall surrender all keys for the Demised Premises to the
Shopping Center's property manager Landlord and shall inform the property manager
Landlord of all combinations of locks, safes and vaults, if any, in the Demised Premises.
Any alterations, additions, improvements and fixtures paid for by Tenant or installed by
Tenant upon the interior or exterior of the Demised Premises (whether or not approved by
Landlord), other than unattached moveable trade fixtures and decorations, shall on October
15, 2023 at the Expiration Date or upon the earlier termination of this Lease in accordance
with the terms and provisions hereof, at Landlord's option, become the property of Landlord.
If Landlord chooses not to retain such alterations, additions, improvements and fixtures,
then Tenant shall, prior to the Expiration Date October 15, 2023 or earlier termination of this
Lease, remove such of these as Landlord chooses at Tenant's expense and shall restore the
Demised Premises to its condition immediately preceding Tenant's installation of such
alterations, additions, improvements and fixtures. Should Tenant desire to leave Aany
personal property left in the Demised Premises shall become the property of the Landlord. ,
it shall request permission in writing from Landlord, describing such property, not less than
thirty (30) days prior to such surrender; and absent such permission in writing, all such
property shall be removed by Tenant. Tenant's obligation to observe or perform the
covenants contained in this Section shall survive the expiration or earlier termination of the
Lease Term. At Landlord's election, Tenant shall remove in accordance with law all
underground storage tanks and related lines and equipment from the Demised Premises no
later than October 15, 2023 at the Expiration Date or upon the earlier termination of this
Lease and Tenant shall remove and remediate all hazardous materials present at the
Demised Premises. Tenant shall not be deemed a holdover Tenant from September 30, 2023
to October 15, 2023. If any removal or remediation activities need to occur subsequent to
October 15, 2023 the Expiration Date or the earlier termination of this Lease, Tenant shall
be deemed a holdover Tenant and Landlord shall be entitled to holdover rent and shall have
all other remedies available at law or in equity.
5. Satisfaction and Release of Claims. Landlord will pay Tenant the sum of One Hundred Fifty
Thousand and No/100ths Dollars ($150,000.00) as consideration for executing this
3
Agreement and to fully resolve, settle, satisfy, and release any and all claims or allegations
Tenant may have against Landlord related to the Property. Tenant agrees to sign the form of
Satisfaction and Release of Claims that is attached as Exhibit A prior to the effective date of
termination of the Lease and payment of the consideration by Landlord.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year
first above written.
TENANT:
Sheng Zheng
__________________, 2023
Wang Lin
__________________, 2023
Lin Inc., A Minnesota corporation
By:
Its:
, 2023
LANDLORD/CITY: Economic Development Authority of Brooklyn Center
By: Reggie Edwards
Its: Executive Director
, 2023
PURCHASER: Alatus Brooklyn Center LLC
By:
Its:
4
, 2023
5
EXHIBIT A
Form of Satisfaction and Release of Claims
SATISFACTION AND RELEASE OF CLAIMS
RECITALS
A. On March 10, 2011, Centro Saturn Holdings, SPE, LLC, a Delaware limited
liability company and the predecessor in interest of the Economic Development Authority of
Brooklyn Center (“Landlord” or “City”) and Zheng Asian, Inc., a Minnesota corporation and
predecessor in interest of Sheng Zheng, individually, Wang Lin, individually, and Lin Inc.,
operating under the trade name Ocean Buffet (collectively, “Tenant”) entered into a Lease
Agreement (“Lease”) whereby Tenant’s predecessor in interest leased, for a term of one hundred
twenty (120) full calendar months beginning on the Commencement Date, from Landlord’s
predecessor in interest that certain premises known as Store #5810 consisting of 8,100 rentable
square feet located at 5810 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 (the
“Premises”).
B. In March 2016, Landlord and Tenant entered into an Amendment to Lease (the
“First Amendment”) and since January 2021, the Parties have entered into five (5) additional
amendments of the Lease, which included extending the term of the Lease, incorporating
provisions related to the potential redevelopment of the Property, a non -refundable relocation
payment and extension of the Tenant’s option to extend the term of the Lease for an additional
five (5) years, subject to the closing of the sale of the Property to the Purchaser on a specific date
(“Additional Amendments”).
C. The Parties have entered into a Termination of Lease Agreement (the
“Termination Agreement”) dated _________. Under the Termination Agreement, the Parties
agree to terminate the Lease on September 30, 2023.
D. The Parties further agree that the Landlord will pay Tenant the sum of One
Hundred Fifty Thousand and No/100th Dollars ($150,000.00) as consideration for the
Termination Agreement, and to fully resolve, settle, satisfy, and release any and all claims or
allegations Tenant may have against Landlord related to the Property, Tenant’s use of the
Property, the Lease, or the amendments and termination of the Lease, whether those claims are
pleaded or unpleaded, known or unknown, existing now or arising in the future. The Parties now
execute this Satisfaction and Release to memorialize the terms of this agreement.
E. Tenant acknowledges receipt of the non-refundable, relocation payment from the
Landlord in accordance with the Lease, the First Amendment and Additional Amendments.
F. Tenant acknowledges that they have retained legal counsel, or have been provided
with a reasonable opportunity to retain counsel, for purposes of discussing this Satisfaction and
Release of Claims, including any relocation benefits that would or may be available to Tenant in
connection with the Termination Agreement under the federal Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Minn. Stat. § 117.50 et seq., and any
6
other applicable provisions of law (together, the “URA”).
G. Tenant has been fully informed as to the URA and this Satisfaction and Release and
desires to knowingly and voluntarily execute this satisfaction and release of claims, services,
relocation assistance, payments and benefits in accordance with all applicable laws, and Tenant
represents and confirms that payment to Tenant of the amounts due under the Termination
Agreement will satisfy in full any claims related to the Property, including claims regarding
relocation benefits or payments otherwise due to Tenant.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Tenant agrees as follows for the benefit of the Landlord:
1. The recitals above are incorporated into and made a part of this Satisfaction and
Release.
2. Tenant acknowledge that payment to Tenant of $150,000.00 according to the terms
of the Termination of Property Lease Agreement (the “Payment”) satisfies in full any and all
claims in law or equity in any way related to the Property, Tenant’s use of the Property, the Lease,
or the amendments and termination of the Lease, or the Termination Agreement that have now or
could be raised in the future. This includes any claims or amounts for relocation assistance or
relocation benefits that the Landlord otherwise may be obligated to pay to Tenant under the URA
or any other federal or state law, and that the Payment will constitute full compensation due to
Tenant for all claims of any description against the Landlord including but not limited to attorneys’
fees, relocation benefits and services, and any damages to the personal property or the going
concern or goodwill belonging to Tenant or any of Tenant’s business operations conducted on or in
conjunction with the Property.
3. Tenant disclaims and releases any claim that Tenant or Tenant’s business entities
are entitled to receive further relocation benefits or payments under the URA or any other
applicable federal or state law with respect to the Property. Tenant acknowledges that he has
released such rights with full knowledge of the specific relocation benefits to which he might
otherwise be entitled, including without limitation advisory services, actual reasonable moving
expenses, and actual reasonable reestablishment expenses.
4. In signing this Satisfaction and Release, Tenant acknowledges that he entered into
the Termination Agreement voluntarily and that the Termination Agreement was not made under
any threat by the Landlord or its representatives that the Property interests would be acquired by
eminent domain. Tenant acknowledges that he was informed in writing that the Landlord would
not acquire the Property interests unless the parties reached a mutually satisfactory agreement.
5. Tenant releases and discharges the Landlord and its employees, agents, successors
and assigns, of and from any and all liability and claims, at law or in equity, and under any state or
federal law, for relocation expenses, payments or benefits in connection with the Property,
including damages, interest, and costs, arising out of or in connection with the Termination of
Lease Agreement.
7
TENANT:
Sheng Zheng
__________________, 2023
Wang Lin
__________________, 2023
Lin Inc., A Minnesota corporation
By:
Its:
, 2023
LANDLORD: Economic Development Authority of Brooklyn Center
By: Reggie Edwards
Its: Executive Director
, 2023
Commissioner introduced the following resolution and moved its adoption:
EDA RESOLUTION NO. 2023-
RESOLUTION APPROVING THE TERMINATION OF THE LEASE
AGREEMENT AND RELOCATION ASSISTANCE AGREEMENT WITH
SHENG ZHENG, WANG LIN, LIN, INC., OPERATING UNDER THE TRADE
NAME “OCEAN BUFFET” AND ALATUS BROOKLYN CENTER
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the
“EDA”) is the owner of certain premises known as Store #5810 consisting of 8,100 rental square
feet located at 5810 Shingle Creek Parkway, Brooklyn Center, Minnesota (the “Premises”); and
WHEREAS, the EDA leases the Premises to Sheng Zheng, individually, Wang Lin,
individually, and Lin, Inc., operating under the trade name “Ocean Buffet” (collectively, the
“Tenant”); and
WHEREAS, the EDA and the Tenant’s predecessors in interest entered into a Lease
Agreement for the Premises on March 10, 2011 (the “Lease”), the Lease was amended in March of
2016 by the EDA and the Tenant;
WHEREAS, the EDA intends to sell property that includes but may not be limited to the
Premises to Alatus Brooklyn Center, a Minnesota limited liability company (the “Purchaser”) for
the purpose of redevelopment, including the demolition of the Premises; and
WHEREAS, the Tenant is eligible to receive relocation services and assistance from the
Authority provided under the Minnesota Uniform Relocation Act, Minnesota Statutes, Section
117.52 if it is required to relocate due to the redevelopment of the Premises; and
WHEREAS, the EDA contracted with a relocation consultant to provide relocation services
to the Tenant; and
WHEREAS, the EDA’s consultant has provided relocation services to the Tenant and advised
the Tenant of its rights under the Minnesota Uniform Relocation Act; and
WHEREAS, the EDA and the Tenant reached an agreement to an amendment to the Lease
Agreement to add a Relocation Agreement in January 2021, and Tenant was paid a one-time non-refundable
Relocation Payment in the amount of $40,000; and
WHEREAS, the Tenant also agreed to terminate the Lease early and the Purchaser agreed to
pay the Tenant an early termination payment of $300,000 if the sale of the Premises to the Purchaser
occurs; and
WHEREAS, during the remaining term of the Lease, the EDA agreed that Tenant did not
need to pay any Minimum Annual Rent under Section 4.01(a) of the Lease, but remained obligated
to pay Additional Rent and Percentage Rent; and
WHEREAS, the parties agreed that in the event that the sale of the Premises did not occur by the
lease termination date, the Tenant had the right to notify the EDA, by email, of its exercise of the
Option Term under the terms of the Lease, which would extend their lease an additional five years,
but no further relocation payments would be due to the Tenant because the Tenant’s continued
occupancy of the Premises after it had received the relocation payment is an occupancy that begins
after the date of the property’s acquisition for the project under 49 C.F.R. 24.2(a)(9)(ii)(B); and
WHEREAS, the parties agreed to amend the Lease Agreement and Relocation Assistance
Agreement in July 2022 to extend the lease termination date to November 30, 2022; and
WHEREAS, the parties agreed to amend the Lease Agreement and Relocation Assistance
Agreement in September 2022 to extend the lease termination date to February 28, 2023; and
WHEREAS, the parties agreed to amend the Lease Agreement and Relocation Assistance
Agreement in February 2023 to extend the lease termination date to September 30, 2023; and
WHEREAS, the closing of the sale of the Premises has not occurred and will not occur prior
to the existing deadline of September 30, 2023, as set forth in the most recent amendment to the
Lease Agreement and Relocation Assistance Agreement; and
WHEREAS, the closing of the sale of the Premises is not anticipated to take place for a
number of months, and therefore, in the best interests of the parties, the parties have negotiated and
desire to terminate the Lease, and any and all amendments thereto, effective September 30, 2023,
while allowing the Tenant to surrender the Premises no later than October 15, 2023.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic
Development Authority of Brooklyn Center, Minnesota (the “Board”), as follows:
1. The EDA hereby approves the Termination of Lease Agreement and Relocation Assistance
Agreement in substantially the form presented to the Board, together with any related documents
necessary in connection therewith (collectively, the “Agreement”), subject to modifications that do
not alter the substance of the Agreement and that are approved by the President and Executive
Director, provided that execution of the Agreement by those officials shall be conclusive evidence
of their approval.
2. The approval hereby given to the Agreement includes approval of such additional details
therein as may be necessary and appropriate and such modifications thereof, deletions therefrom
and additions thereto as may be necessary and appropriate and approved by legal counsel to the
EDA and by the officers authorized herein to execute said documents prior to their execution; and
said officers are hereby authorized to approve said changes on behalf of the EDA. The execution
of any instrument by the appropriate officers of the EDA herein authorized shall be conclusive
evidence of the approval of such document in accordance with the terms hereof. In the event of
absence or disability of the officers, any of the documents authorized by this Resolution to be
executed may be executed without further act or authorization of the Board by any duly designated
acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney,
may act in their behalf.
3. Upon execution and delivery of the Agreement, the officers and employees of the EDA are
hereby authorized and directed to take or cause to be taken such actions as may be necessary on
behalf of the Authority to implement the Agreement.
4. The Board hereby determines that the execution and performance of the Agreement will help
realize the public purposes of the Economic Development Authority Act.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by
Commissioner and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Economic Development Authority
DAT E:9/25/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :
BY:J esse A nders on, C ommunity D evelopment D irector
S U B J E C T:Res olu-on A pproving an A greement Between M etropolitan C ouncil and the Economic
D evelopment A uthority of Brooklyn C enter for the Park and Ride L ot Located at the
I nters ec-on of S tate Trunk H ighway 252 and 66th Avenue North
Requested Council A con:
- Moon to adopt a resoluon approving an agreement between M etropolitan C ouncil and the Economic
D evelopment A uthority of Brooklyn C enter, M innesota for the Park and Ride lot located at the intersecon
of state trunk highw ay 252 and 66th Ave N.
B ackground:
The Economic D evelopment A uthority had entered into a agreement w ith Metropolitan Council in J anuary
of 2019. I t w as a 5 year agreement that is s et to expired this year.
The H w y 252 & 66th Ave Park & Ride is currently s erved by expres s bus routes 766 and 768. There are
about 10 average w eekday boarding, and 11 parked vehicles were counted in the Fall 2022 annual park &
ride s urvey. P rior to the pandemic, in Fall 2019, there w ere about 70 average weekday boarding and 45
parked vehicles counted, cons is tent with sys temw ide trends in expres s bus ridership since the
pandemic. W hile this is a s mall park & ride, M etro Transit has requested to renew the agreement because it
is the las t bus s top on routes 766 and 768 prior to running expres s to dow ntow n Minneapolis.
S ummary of A greement:
The M etropolitan C ouncil may use up to 120 Parking S talls of the 213 available at the site.
H ours of us e are Monday through F riday, during the hours of 5:00 a.m. and 7:00 p.m.
The M etropolitan C ouncil is res pons ible for s now removal, and for li?er and garbage collec-on and
dis pos al.
The M etropolitan C ouncil is also responsible for pothole and crack filling, s ealcoa-ng, s triping, and
s w eeping.
The M etropolitan C ouncil is res pons ible for maintaining the pedestrian connec-on betw een the Park
and Ride loca-on and the bus stop.
The M etropolitan C ouncil w ill annually pay the E DA $3,500.
The agreement is for 5 years, how ever, either party can cancel the agreement w ith 30 days no-ce.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Resident Economic S tability, Targeted Redevelopment
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on 9/13/2023 Resolu-on Le?er
A greement 9/13/2023 Exhibit
C urrent S igned A greement 9/13/2023 Backup M aterial
Commissioner introduced the following resolution
and moved its adoption:
EDA RESOLUTION NO. 2023-______
RESOLUTION APPROVING AN AGREEMENT BETWEEN METROPOLITAN
COUNCIL AND THE ECONOMIC DEVELOPMENT AUTHORITY OF
BROOKLYN CENTER, MINNESOTA FOR THE PARK AND RIDE LOT
LOCATED AT THE INTERSECTION OF STATE TRUNK HIGHWAY 252
AND 66TH AVENUE NORTH
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the
“EDA”) owns and maintains a parking lot currently being used by the Metropolitan Council (the
“Council”) as a park and ride location in accordance with an agreement dated November 1, 2018
(the “Original Agreement”); and
WHEREAS, the Original Agreement expired on October 31, 2019, but the EDA and the
Council mutually consented to the extension of the Original Agreement for four (4) additional one-
year periods, which results in a termination date of October 31, 2023; and
WHEREAS, the Original Agreement included (1) allowing the Council and its customers
to use 120 parking stalls on the EDA property, (2) establishing hours for usage of the parking lot,
(3) a permanent pedestrian easement obtained by the EDA to provide a connection to the parking
lot, (4) maintenance, signage, insurance and snow removal obligations, and (5) annual
compensation to the EDA from the Council; and
WHEREAS, the EDA and the Council desire to enter into a new agreement providing for
the Council’s use of the EDA parking lot, on substantially similar terms, with the addition of
project managers for both the EDA and the Council and with a five (5) year term terminating on
October 31, 2027; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
Economic Development Authority of Brooklyn Center, Minnesota (the “Board”), as follows:
1. The EDA hereby approves the Agreement Between Metropolitan Council and
City of Brooklyn Center Economic Development Authority (the “Agreement”) in
substantially the form presented to the Board, subject to modifications that do not alter the
substance of the Agreement and that are approved by the President and Executive Director,
provided that execution of the Agreement by those officials shall be conclusive evidence of
their approval.
2. EDA staff and officials are authorized to take all actions necessary to perform
the EDA’s obligations under the Agreement as a whole.
2
Date President
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Metropolitan Council No. 23I084
Metropolitan Council
390 Robert Street
St. Paul, Minnesota 55101
City of Brooklyn Center
Economic Development Authority
Attn: Jesse Anderson
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
AGREEMENT BETWEEN METROPOLITAN COUNCIL
AND CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY
This Agreement Between Metropolitan Council and the City of Brooklyn Center Economic
Development Authority (“Agreement”), effective as of the ___ day of ______, 2023, is made and entered
into by and between the Metropolitan Council, a public corporation and political subdivision of the State
of Minnesota (hereinafter referred to as “Council”) and the Economic Development Authority of Brooklyn
Center, Minnesota (hereinafter referred to as “EDA”).
RECITALS
WHEREAS, the EDA desires to contribute to the reduction of transportation problems in the St. Paul and
Minneapolis Metropolitan area;
WHEREAS, the Council wishes to establish locations within the metropolitan area at which passengers
may park their personal vehicles and ride a Council bus to the downtown areas of Minneapolis and St. Paul;
WHEREAS, the EDA owns and maintains a parking lot currently being used by Council as a Park & Ride
location (the “Property”).
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION THE RECEIPT OF WHICH
IT IS MUTUALLY AGREED, by and between the parties hereto, as follows:
1. Use of Parking Lot. The EDA hereby grants the Council a license to allow the Council and its
customers for transit services to use 120 stalls of the 213 available stalls located on the Property
(detailed on map attached as Exhibit A and incorporated) owned by the EDA, located at the
intersection of State Trunk Highway 252 and 66th Avenue North in Brooklyn Center,
Minnesota, as a Park and Ride lot for Council customer vehicle parking.
2. Time of Usage. The parking lot may be used by Council Monday through Friday, during the
hours of 5:00 a.m. and 7:00 p.m., except on those days which may be designated from time to
time by the EDA for lot maintenance. Days designated as necessary for lot maintenance will
not exceed five (5) days during each twelve (12) month term of this Agreement and will be
scheduled and communicated at least forty-eight (48) hours in advance. During days
designated for lot maintenance, some or all of the 120 Park & Ride parking stalls will revert to
the EDA for use for the entire day.
Metropolitan Council No. 23I084
Page 2 of 16
3. Property Easement for ADA walkway. The EDA has secured a permanent easement
(attached as Exhibit B and incorporated) for the pedestrian connection constructed by Council
in 2008 between the Park and Ride location and the Metro Transit Bus Stop along State Trunk
Highway 252. The Council shall maintain the Easement area in Exhibit B in the same manner
as provided for in Sections 4 and 9 of this Agreement.
4. Maintenance. For the duration of this Agreement, the EDA shall provide or arrange for and
be financially responsible for provisions of all maintenance or repair of the parking lot, except
as noted elsewhere in this Agreement. The EDA’s maintenance responsibilities include
lighting, turf and landscape maintenance, and utilities. EDA is also responsible for all other
non-routine maintenance and capital repairs.
The Council is responsible for snow removal as discussed in Section 9 of this Agreement, and
for litter and garbage collection and disposal in the Park & Ride area and along the pedestrian
connection. Council is also responsible for pothole and crack filling, sealcoating, striping, and
sweeping in the Park & Ride area, and for same or similar maintenance that may be required
elsewhere in the parking lot in order to uniformly provide safe and adequate access to the Park
& Ride area.
The Council also assumes full responsibility for maintaining the pedestrian connection between
the Park and Ride location and the bus stop along State Trunk Highway 252 in a safe and
functional condition, including, but not limited to, maintenance of the pavement and the safety
railing.
5. Signs. The Council may, with the agreement of the EDA, erect signs on or adjacent to the
parking lot designating the area as a Park & Ride lot and specifying the days on which it may
be used as such by Council customers.
6. Liability. Each party agrees that it will be responsible for its own acts and the results thereof,
to the extent authorized by the law, and shall not be responsible for the acts of the other party
and the results thereof. The Council’s and the EDA’s liability is governed by the provisions of
Minnesota Statutes Chapter 466.
7. Term and Termination. This Agreement shall be for a term of five (5) years and shall
commence on November 1, 2023 and shall terminate on October 31, 2028.
Either party may terminate this Agreement at any time, and for any reason, by providing the
other party thirty (30) days’ advance written notice.
8. Insurance Coverage. The Council is self-insured for its Workers’ Compensation, Business
Auto and General Liability. As a Municipality, pursuant to Minnesota Statues Chapter 466,
the Metropolitan Council has immunity from tort liability in excess of $500,000/person and
$1,500,000/occurrence. Accordingly, the limits of liability for the Council’s Business Auto
Coverage and General Liability are capped at $500,000 per person and $1,500,000 per
occurrence.
If the Council purchases insurance from a third-party insurer, the Council will add the EDA as
an additional insured on the liability insurance policies providing coverage for the Council.
Proof of insurance and the aforementioned inclusion will be provided to the EDA within thirty
(30) days of the execution of this Agreement. In the event its insurance is cancelled, terminated
or otherwise changed, the Council will provide the EDA with written notice of such change(s).
Metropolitan Council No. 23I084
Page 3 of 16
9. Snow Removal. The Council agrees to provide or arrange for regular and timely snow removal
in that area of the EDA’s parking lot used for Park & Ride purposes as well as may be needed
in other areas of the parking lot to safely and reasonably access the Park & Ride area , and for
snow removal of the pedestrian connection to the bus stop location on State Trunk
Highway 252.
10. Compensation and Reimbursement. Compensation for the license granted shall be $3,500.00
annually due and payable to the EDA within thirty (30) days of agreement execution and
annually thereafter.
11. General Provisions.
11.1 Entire Agreement. This Agreement (including any and all exhibits and
amendments hereto, which are hereby incorporated herein by reference) constitutes the entire
agreement between the parties and supersedes all oral or written proposals, prior agreements
and any other prior communications between the parties concerning the subject matter of this
Agreement. Any modifications or changes to this Agreement shall be effective only wher e
mutually agreed upon in writing by both parties. This Agreement shall be fully binding upon,
inure to the benefit of and be enforceable by the parties hereto and their successors and/or
assigns.
11.2 Severability. Should any provision of this Agreement be held to be void, invalid or
unenforceable, such provision shall be enforced to the maximum extent permissible, and the
remaining provisions of this Agreement shall remain in full force and effect.
11.3 Authority to Execute. The parties mutually represent and warrant that (i) each has
the legal power and authority to execute and perform this Agreement and to grant the rights and
assume its obligations herein and (ii) that the person(s) executing this Agreement below on each
party’s behalf is/are duly authorized to do so and that the signatures of such person(s) is/are
legally sufficient to bind the parties hereunder.
11.4 Assignment. The Council agrees to use the Property for the purpose stated in this
Agreement and shall not assign, subcontract, sublet, or transfer this lease without receiving
express written consent from the EDA.
11.5 Successor and Assigns. This Agreement shall be binding on the parties and their
successors and/or assigns.
11.6 No Third-Party Beneficiaries. Except as expressly provided in this Agreement, no
person not a party to this Agreement shall have any rights or entitlement of any nature under it.
11.8 Data and Audits. Each party shall maintain its records in accordance with the
Minnesota Data Practices Act and both parties are subject to audit as provided in
Minnesota Statutes, section 16C.05, subdivision 5.
11.9 PROJECT MANAGER. The Council’s Project Manager for the purposes of administration
of this Contract is ___________, or such other person as may be designated in writing
by the Council. However, nothing in this Agreement will be deemed to authorize the
Project Manager to execute amendments to this Agreement on behalf of the Council.
Metropolitan Council No. 23I084
Page 4 of 16
The City’s Project Manager for the purposes of administration of this Agreement is
___________, or such other person as may be designated in writing by the Council.
However, nothing in this Agreement will be deemed to authorize the Project Manager to
execute amendments to this Agreement on behalf of the Council.
[SIGNATURE PAGE TO FOLLOW]
Metropolitan Council No. 23I084
Page 5 of 16
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the persons
thereunto duly authorized as of the day and year written below.
METROPOLITAN COUNCIL
By ______________________________ Date: _________________
Marilyn Porter
Its: Director, Engineering and Facilities
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER, MINNESOTA
By ______________________________ Date: _________________
Printed Name: ___________________
Its: ____________________________
Metropolitan Council No. 23I084
Page 6 of 16
EXHIBIT A
Map of Designated Parking Stalls
Metropolitan Council No. 23I084
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EXHIBIT B
Recorded Easement Agreement for Pedestrian Connection
Between the Park and Ride and Bus Stop along State Trunk Highway 252
Metropolitan Council No. 23I084
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Metropolitan Council No. 23I084
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Page 16 of 16
Metropolitan Council No. 18I069
Metropolitan Council
390 Robert Street
St. Paul, Mi nneso ta 55101
City of Brooklyn Center
Economic Development Authority
Attn: Meg Beekman
6301 Shingl e Creek Parkway
Brooklyn Center, MN 55430 -2199
AGREEMENT BETWEEN METROPOLITAN COUNCIL
AND CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY
This Agreement, effective November 1, 2018 , is made and entered
into by and between the Metropolitan Council, a public corpora tion and
political subdivision of the State of Minnesota (hereinafter cal led "the
Council") and the Economic Development Authority of Brooklyn Center ,
Minnesota (hereinafter called "the EDA").
RECITA LS
WHEREAS, the EDA desires to contribute to the reduction of transportation
problems in the St . Paul a n d Minneapolis Metropo li tan area;
WHEREAS, the Council wi s hes to establish locations within the
metropo litan area at which passengers may park their personal vehicles
and ride a Counci l bus to the downtown areas of Minneapolis a nd St . Paul;
WHEREAS, the EDA owns and maintains a parking lot currently being used
by Council as a Park & Ride location.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION THE RECE IPT OF WHICH
IT IS MUTUALLY AGREED, by and between the parties hereto, as follows:
1. Use of Parking Lot . The EDA hereby grants the Council a license
to allow the Council and its c us tomers for transit services to
use one hundred twenty (120) sta ll s of the 213 available sta ll s
in the parking lot (deta i led on map attached he reto as Exhibit
A and incorporated herein) owned by the EDA, l ocated at the
intersection of State Trunk Highway 252 and 66th Avenue North in
Brooklyn Center , Minnesota, as a Park and Ride lot for Council
customer vehicle par king.
2. Time of Usage . The parking lot may be u sed by Council Monday
through Friday, during the ho ur s of 5 :00 a .m. and 7 :00 p.m.,
except o n those days which may be designated from time to time
Metropolitan Co un cil No . 18I069
by the EDA for lot maint e n ance . Days d es ignated as ne cessa ry
for l o t maint e nance will not exceed five d a ys during each 12 -
month term of thi s agreeme nt an d will be schedul ed and
communicated at least 48 hours in advance . During days
designated for lot mai n tenance, some or al l of the 120 Park &
Ride parking sta lls wil l revert to the EDA for use for the entire
day .
3 . Property Easement for ADA walkway . The EDA has sec ured a
permanent easement (attached hereto as Exhibit B and
incorporated herein) for the pedestrian connect ion co n s t ructed
by Council i n 2 00 8 be twe e n t he Park and Ride location and the
Metro Transit Bus Stop a l ong State Trunk Highway 252 . The Council
s hall maintain the Easement area in Ex h i bit B in the same manner
as provided for in Sect i ons 4 and 9 of this Agreement.
4. Maintenance . For the duration of this Agreement, the EDA s ha l l
provide or arrange for and be financially responsible for
provisions of all maintenance or repair of the parking lot ,
except as n ote d elsewhere in this Agreement. The EDA's
mainte nance responsibi l ities include light ing, turf and
landscape maintenance, and utilit ies . EDA is also responsib l e
for all o ther non -rou tine mai ntenance a nd capital repairs .
The Council is responsible fo r snow removal as discussed in
Section 9 of t hi s Agreement , and for litter and garbage
collection and disposal in the Park & Ride area a nd along the
pedestrian conn ec tio n . Council i s a l so respo n sibl e for pothole
and crac k filling, sea l coati ng , str ip i ng, and s weeping in the
Park & Ride area , and for same or similar maintenance that may
be required elsewh ere in the parking lot in order to unif o rmly
provide safe and adequate access to the Park & Ride area.
The Coun c il also assumes fu l l responsibility for ma inta ining the
p edestrian conn ection between the Park and Ride l oca t ion a nd the
bus stop along State Trunk Hi g hway 252 in a safe a nd f unctional
condition, inc l uding, but not limi ted t o , main te nanc e of the
pavement and t h e safety railing .
5 . Signs . The Co unc il may , with t h e a g reeme nt of the EDA , erect
signs on or ad jacent to the par king lot designating the area as
a Park & Ride lot and specifying the day s o n which it may be
used as s u c h by Council customers .
6 . Liability. Each party agrees that it will be responsib l e for
its o wn acts a nd the resu l ts thereof, to t h e extent authorized
by the l aw , and shall n ot be respo n s i ble for the acts of the
other pa rty a nd the resu l ts ther eof . The Coun c il's a nd the
EDA ' s liability is governed by t h e p r ovision s o f Minnesota
S t atutes Ch apter 466 .
Page 2 of 7
Metropolitan Council No. 18I069
7. Term and Te rmina tion . This agreement shall be for a term of one
year and will expire on October 31, 2019 and may be extended
with the mutual consent of t h e parties with no change in terms
for four additional one -year periods by providing the EDA 30
days' written notice.
Either party may terminate this Agreement at any time, and for
any reason, by providing the other party 30 days' written not i ce.
8. Insurance Co v erage . The Council is self-insured for its Workers'
Compensation, Business Auto and General Liability. As a
Municipality, pursuant to Minnesota Statues Chapter 466, the
Metropolitan Council has immunity from tort liability in excess
of $500,000/person and $1 ,500 ,000/occurrence . Accordingly , the
limits of liability for the Council 's Business Auto Coverage and
General Liability are capped at $500,000 per person and
$1 ,500,000 per occurrence.
If the Council purchases insurance from a third-party insurer,
the Council will add the EDA as an additional insured on the
liability insurance policies providing coverage for the Council.
Proof of insurance and the aforementioned inclusion will be
provided to the EDA within 30 days of the execution of this
Agreement . In the event its insurance is cancel l ed, terminated
or otherwise changed, the Council wi l l provide the EDA with
written notice of such change(s).
9. Snow Remo v al . The Council agrees to provide or arrange for
regular and/or timely snow removal in that area of the EDA'S
parking lot used for Park & Ride purposes as we l l as may be
needed in other areas of the parking lot to safely and reasonably
access the Park & Ride area , and for snow removal of the
pedestrian connection to the bus s top location on State Trunk
Highway 252 .
10. Compensation and Reimbursement . Compensation for the license
granted herein shall be Three Thousand Five Hundred and no/1 00
dollars ($3,500 .00) annually due and payable to the EDA within
30 days of agreement execution and each subse quent extension
period.
11. General Provisions.
11 .1 Entire Agreement. This Agreement (including any and
all exhibits and amendments hereto, which are here by incorporated
herein · by reference) constitutes the entire agreement between
the parties and supersedes all oral or written proposals, prior
agreements and any other prior communications between the parties
concerning the subject matter of this Agreement . Any
modifications or changes to this Agreement shall be ef f ective
only where mutually agreed upon in writing by both parties . This
Agreement shall be fully binding upon, inure to the benef it of
Page 3 o f 7
Metropolitan Council No . 181 069
and be enforceable by the parties hereto and their successors
and/or assigns.
11. 2 No Agency or Joint Venture. The pa rti es agree and
acknowledge that the relationship of the parties is in the nature
of an independent contractor. This Agreement shall not be deemed
t o create a partnership, franchise or joint venture and neither
party is the other party 's agent, partn er, franch i see, employee
or representative.
11.3 Severability . Sho uld any provision of this Agreement
be held to be void, invalid or unenforceable, such provision
shall be enforced to the maximum extent permissible, and the
remaining provisions of this Agreement shall remain in fu l l force
and effect .
11.4 Authority to Execute. The parties mutually represent
and warrant that (i) each has the lega l power and autho r ity to
execute and perform thi s Agreement and to grant the r ights and
assume its obligations herein and (ii) that t h e person(s)
executing this Agreement below on each party's behalf is/are duly
authorized to do so and that the signatures of such person(s)
is/are legally sufficient to bind the par ties hereunder
11.5 Assignment. The Council agrees to use the property for
the purpose stated in this Agreement and sha ll not assign,
subcontract, sublet, or transfer this lease without receiving
express written consent from the EDA .
11 .6 Successor and Assigns. This Agreement shall be binding
on the parties and their successors and/or assigns .
11 . 7 No Third-Party Beneficiaries. Exce pt as expressly
provided in this Agreement, no person not a party to this
Ag reement shall have any rights or entitlement of any nature
under it.
11.8 Data and Audits. Each party shall maintain its records
in accordance with the Minnesota Data Practices Act and both
parties are subject to audit as provided in Minnesota Statutes,
section 16C.0 5 , subdivision 5 .
Page 4 of 7
Metropolitan Council No. 18I069
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by the persons t h ereunto duly authorized as of the day and year
written be l ow.
METROPOLITAN COUNCIL
By
ECONOMIC DEVELOPMENT AU THORITY
OF BROOKLYN CENTER , MINNESOTA
/
t
Date:
and Faci li ties
Date:
Page 5 of 7
1/z,z,b1r
/!
I 7
Metropolitan Council No. 18I069
EXHIBIT A
Map o f Des i g n ate d Par king S t a ll s
(attac h ed he r eto )
Page 6 of 7
Metropo lita n Coun ci l No . 181 069
EXHIBIT B
Recorded Easement Agreement for Pedestrian Connection
Between the Park and Ride and Bus Stop along State Trunk Highway 252
(attached hereto)
Page 7 of 7
No delinquent ta xes
Current year taxes for whole parcel are paid
Transfer Entered
Jul 24, 2018 3:53 PM
Hennepin County, Minnesota
Mark Chapin
County Auditor and Treasurer
PID(s)
36 -119-21-13-0144
Existing Certs
1452759
MC-1 81 069 -Exhibit A
1111111111111111111111
Doc No T05546969
Certified , filed and/or recorded on
Jul 24, 2018 3:53 PM
Office of the Reg istrar of Titles
Hennepin County, Minnesota
Martin McCorm ick, Registra r of Titles
Mark Chapin, County Aud itor and T reasurer
Deputy 117 Pkg ID 1715600C
Attested Copy or Duplicate Ori ginal $2 .00
Document Recording Fee $46 .00
Document Total $48 .00
This cover sheet is now a permanent part of the recorded document.
No delinquent taxes
Curren t year ta xes for whole parcel are paid
Transfer Entered
Jul 24 , 201 8 3:47 PM
Henne pin County , Minnesota
Mark Chap in
County Audi tor and Treasurer
PID(s)
36-11 9-2 1-1 3-0144
MC-181069 ·Exhibit A
1111111111 1111111111 II
Doc No A10574763
Certified, filed and/or rec orded on
Jul 24, 2018 3:47 PM
Office of the County Recorder
Hennepin Cou nty , Minnesota
Martin McCormick , Coun ty Recorder
Mark Chapin, Cou nty Aud itor and Treasurer
Dep uty 11 7 Pkg ID 17 15596C
Attested Copy or Duplicate Or iginal $2.00
Certified Copy of any document
Document Recording Fee
Document Total
$10 .00
$46.00
$58.00
This cover sheet is now a permanent part of the reco rd ed document.
MC-181069-Exhibit A
PEDESTRIAN EASEMENT AGREEMENT
THfS PEDESTRIAN EASEMENT AGREEMENT (this "Easement Agreement") is made
as of this 29th day of June, 2018 by and between SFG NET LEASE TG MINNEAPOLIS, LLC, a
Georgia limited liability company ("Grantor") and the ECONOMIC DEVELOPMENT
AUTHORJTY OF BROOKLYN CENTER, a public body corporate and politic under the laws of
the State of Minnesota ("Grantee").
RECITALS:
WHEREAS , Metropolitan Council, a public corporation and political subdivision of the
State of Minnesota (the "Council"), and Regal Cinema, Inc ., a Tem1essee corporation ("Regal"),
as predecessor in interest to Grantee, entered into that certain License Agreement dated as of
November 13 , 2006 and effective as of October 1, 2006, as amended by that certain Amendment
No. 1 to License Agreement effective as of June 12, 2008 (collectively, the "License Agreement");
WHEREAS, pursuant to the License Agreement, Regal, as the licensor, granted to the
Council, as licensee, a non-exclusive license to use 200 stalls of the parking lot and driveway
owned by Regal at 6420 Camden Avenue North, near the intersection of Hwy 252 and 66thAvenue
North in Brooklyn Center, Minnesota, as a parking lot for the parking of automobiles for Council
passengers, together with an American with Disabilities Act pathway (the "Sidewalk") connecting
the parking lot park-and-ride area to a bus stop located in MnDOT highway right-of-way northeast
thereof (collectively, the "License Area");
WHEREAS, the majority of the License Area, including the parking lot, is presently
located on a portion of the following real property owned by Grantee (the "Grantee Property"):
Lot 2 , Block 1, Topgolf Addition, Hennepin County, Minnesota;
WHEREAS , the remainder of the License Area, which includes the Sidewalk, is located
on a portion the following real properly owned by Grantor (the "Grantor Property"):
1070020 1)\V-7
MC-181069 -Exhibit A
Lot 1, Block I , Topgolf Addition, Hennepin County, Minnesota;
WHEREAS, Granter desires to grant to Grantee a non-exclusive pedestrian easement over
the Sidewalk. so that Grantee may continue to meet its obligations as th e licensor under the License
Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt, delivery and
sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties do
hereby declare and agree as follows:
1. Grant of Easement. Granter does hereby grant, bargain and convey to Grantee, its
agents, tenants, employees, contractors, licensees, and invitees, a perpetual non-exclusive right,
privilege, and easement over, across, and upon all areas described and depicted as "SIDEWALK
EASEMENT" on Exhibit "A" (the "Sidewalk Easement Area") to use the Sidewalk located within
th e Sidewalk Easement Area for ingress and egress by pedestrians, bicycles, and similar non-
vehicular traffic between the Grantee Property and the MnDOT highway right-of-way northeast
thereof, subject to compliance with the rnles and regulations of the City of Brooklyn Center and
with the terms of the License Agreement. The easement and right herein granted are collectively
refeITed to herein as the "Sidewalk Easement".
2. Purpose; Termination. The Sidewalk Easement sha!J be permanent for the limited
purpose of allowing Grantee to meet its obligations as the licensor under the License Agreement,
and upon termination of the License Agreement, this Easement Agreement shall automatically
terminate. Grantee shall, within ten ( 10) days of such termination , notify Grantor and file any
instrument reasonably requested by Granter to evidence the termination hereof.
3. Non-Exclusive. The Sidewalk Easement granted herein is granted on a non-
exclusive basis and Granter, its agents, tenants, employees, contractors, licensees, and invitees
shall have the right to continue to use the Sidewalk and other areas of the Sidewalk Easement Area
so long as such use does not interfere with Grantee's use and enjoyment of the Sidewalk Easement
granted to Grantee hereunder.
4. Maintenance and Snow Removal.
(a) Grantee shall, at its own cost and expense, maintain, repair, repl ace (if
necessary), and keep the Sidewalk and other areas of the Sidewalk Easement Area in good order,
condition, and repair, ordinary wear and tear excepted. All maintenance, repairs, and replacements
by Grantee shall be performed in a good, workmanlike, Hen-free and diligent manner and, without
limitation, shall include: (i) maintenance, repair, and replacement of paved surfaces in a level and
smooth condition, free of potholes, with the type of mateiial as originally used or a substitute equal
in quality and appearance; (ii) removal of a ll trash and debris and washing and sweeping as
required; (iii) removal of snow and ice in accordance with Section 4(b); and (iv) keeping the
Sidewalk illuminated by lighting fixtures and re-lamping as need ed . Grantee shall cause all third-
party contractors engaged to perform such maintenance, repairs or replacements to be adequately
insured and to include Grantor as an additional insmed on all liabi lity policies relative to the
Sidewalk Easement Area.
2
107002013\V-7
MC-181 069 -Exhibit A
(b) Grantee shall promptly remove or cause to be removed snow and ice from
the Sidewalk in accordance with the City of Brooklyn Center snow and ice removal procedures
and standards currently enacted and as may be amended from time to time.
(c) If Grantee fails to perfonn any of the foregoing obligations, then Grantor
may (but shall not be required to) perform the same after giving Grantee two (2) days' prior written
notice, provided that no such written notice shall be required in the case of an emergency. Grantee
shall, on demand, reimburse Gran tor for the reasonable costs thereof.
5. No Obstruction. Other than during periods of construction or maintenance, the
Sidewalk shall at all times remain open for pedestrians and unobstructed, and no construction,
maintenance or other activity of Grantor shall materially interfere with Grantee's use and
enjoyment of the Sidewalk. Grantee shall provide Grantor with reasonable prior written notice
before performing any construction or other activity that would cause the Sidewalk to cease to be
open and shall cause any material interference or other cessation of use of the Sidewalk to end as
soon as practicable.
6. Singular and Plural. Whenever required by the context of this Easement Agreement,
the singular shall include the plural, and vice versa, and the masculine shall include the feminine
and neuter genders, and vice versa.
7. Negation of Partnership. None of the terms or prov1s1ons of this Easement
Agreement shall be deemed to create a partnership between Grantor and Grantee in their respective
businesses or otherwise, nor shall it cause them to b e considered joint venturers or members of any
joint enterprise. Each party shall be considered a separate owner, and no party shall have the right
to act as an agent for the other pa1ty, unless expressly authorized to do so herein or by separate
written instrument signed by th e party to be charged.
8. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any po1tion of the Grantor Property or portion thereof to the general public, or for
any public use or purpose whatsoever. Except as h erein specifically provided, no right, privileges
or immunities of any party hereto shal l inure to the benefit of any third-party, nor shall any third -
paity be deemed to be a beneficiary of any of the provisions contained herein.
9. Estoppel. Each party shall execute and deliver to the other party requesting an
estoppel certificate (but not more than one (1) time in any twelve (12) month period, unless related
to a sale, lease or refinancing any property affected hereby) stating that this Easement Agreement
is in full force and effect and that no party is in default hereunder (or specifying in detail any
default). Such certificate shal l be delivered within thirty (30) days of s uch request.
J 0. Binding Effect. All covenants contained herein shall be deemed to be covenants
that 1un with the land, and shall be binding upon the owner of the Grantor Property and its
successors and assigns, and shall inure to the benefit of the owner of the Grantee Property and its
successors and assigns.
3
1070ITTOIJ\V-7
MC-181069 ·Exhibit A
11. Modification. No provision or term of this Easement Agreement may be amended,
modified, revoked, supplemented, waived, or otherwise changed except by a written instrwnent
(designated as such a change) duly executed by Grantor and Grantee, or their respective successors
and assigns.
12. Waiver. The failure by any party to enforce any provision of this Easement
Agreement in a timely manner shall not be deemed a waiver of the right to enforce that provision ,
and any express waiver by any party of any breach of any provision of this Easement Agreement
shall not be deemed a waiver of any subsequent breach of that provision .
13 . Governing Law. This Easement Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
14. Severability. If any provision of this Easement Agreement shall be held invalid,
illegal , or unenforceable in any jurisdiction, the validity, legality, and enforceability of the
re maining provisions of this Easement Agreement shall not be impaired thereby; nor shall the
validity, legality, or enforceability of any such defective provisions he in any way affected or
impaired in any other jurisdiction.
15. Authority. Grantor and Grantee each represent and warrant to each other that they
are authorized to enter into this Easement Agreement and perform the covenants set forth herein.
16. Notices. All notices and demands herein required or p ermitted shall be in writing
and sent by certified mail , return receipt requested, or nationally recogni zed overnight courier
service (e.g., Fed Ex) at the address or addresses to which tax statements would be sent by the
taxing authority of Hennepin County, Minnesota, or as otherwise provided in writing to Grantor
or Grantee, or their respective successors and assigns.
17. Reasonable Construction. The rule of strict construction does not apply to the grant
of easements contained herein. These grants shall be given a reasonable construction in order that
the intention of Grantor and Grantee to confer a commercially uscable right of enjoyment for the
purposes stated herein.
18. Counterparts. This Easement Agreement may be executed in severa l counterparts,
each of which shall be deemed an original; further the signature of Grantor and Grantee on this
Easement Agreement may be executed and notarized on separate pages, and when attached to this
Easement Agreement sha ll constitute one complete document.
19. Captions. The section headings appearing in this Easement Agreement are for
convenience of reference only and are not intended, to any extent and for any purpose, to limit or
define the text of a ny section or any subsection hereof.
[Remainder of Page Intentionally Left Blank]
4
107002013\V.7
MC-18 1069 -Exhib it A
IN WITNESS WHEREOF, Grantor and Grantee have executed th.is Easement Agree ment
as of the day and year first above written.
GRANTOR:
SFG NE'.f LEASE TG MINNEAPOLIS, LLC,
a Georgia limited liab · · y c mpa
By:
Name: Da'
Title: Vice President
ACKNOWLEDGMENT
STATE OF GEORGIA )
) SS.
COUNTY OF FULTON )
·z1.;" This instrument was acknowledged before me on thi s __ day of June, 2018, by
David Burch, as tbe V i1~fi!if,[es id ent of SFG NET LEASE TG MINNEAPOLIS, LLC, a Delaware
1. . d 1· b"l" ~-~~?=.:: 111 11 urute la 1 ity ~ll~ko 'l-1// ~~~~ ti-.// ~~0'6$"'~~ .. :~ JUfozL-=~ '6· ~ ~·. , = ~ .n~JI-~~ =
... -~ ~ Cb ~ -... : ..-...~ . -~S\ "1m..~ j ~ § Printed Name: Ne.."" I M,,, /,c.o'-' ,r+"t
[SEAL] \~~;:·&-~ Notary Public in and for said Co unty and State
~, Co(I (?)«;, ,,,,
My Commission ~f~'''''' ~ -z..q -Z..o z. o
Signature Page to Pedestrian Easement Agreement
STATE OF /;(,~f)~ s..'1c.... )
i/ I ) SS .
MC-18 10 69 -Exhibit A
GRANTEE:
ECONOMIC DEVELOPMENT AUTHOIUTY
OF BROOKLYN CENTER, a public body
corporate and politic under the laws of the State of
Minnesota
By ~;;,_,~
Name: Tim Willson
Title: President
ACKNOWLEDGMENT
COUNTY OF /ff V/h So•"] )
This in strum ent was acknowledged before me on this 2].' .{day of :rq ~ ,
2018, by Tim Willson, as th e President, and Cmt B oganey, as the Executive Dir ~tor of
ECO NOMIC DEVELOPMENT AUT HORJTY OF BROOKLYN CE ~R;-a-blic body
corpornte and politic under the laws of the State of Minnes
[SEAL ]
, 8 TROY JOHN GILCHRIST t
1 .. • '. NoWy Publlo, Stet. of Mlnntt0ta
I ' • . ~ ConmiSllon Explr19 I
• Jlftuaty 31, 2022 I
Signawre Page lo Pedesrrian Ease menr Agreement
MC-181069 -Exh ibit A
MORTGAGEE CONSENT TO PEDESTRIAN EASEMENT AGREEMENT
The undersigned Mortgagee under that certain Mortgage, Assignment of Leases and Rents,
Security Agreement and Fixture Filing dated March 23, 2018, recorded on March 26, 2018 as
Document Number 10538787 (abstract), and recorded on March 26, 2018 as Document Number
05519262 (ton-en s), by SFG Net Lease TG Minneapolis, LLC ("Landlortf"), hereby acknowledges
and consents to the Pedestrian Easement Agreement, by Land lord in favor of and Economic
Development Authority of Brooklyn Center.
LC,
· ed liability company
ACKNOWLEDGMENT
ST A TE OF kkor1jt0 )
/1 -A\J ) SS.
COUNTY OF l'..at2b )
\'\. -~Th~nstrllnlent was acknowledged befo re r:ie o n thi s J.± day o~, 2018,by~v-~kJ ,asthe"\/\QQ ~~ of AF TG,LLC,a
Delaware limited liabi li ty company .
Pr~fuiS
[SEAL ] Notary Public in and for said County and State
My Commission Expires: _g...._..,.(.~V~tf+/+-( ..._3.___ ___ _
THIS INSTRUMENT WAS DRAFTED BY:
Ryan C. Westhoff
Dentons US LLP
4520 Main Street, Suite 1100
Kansas City, MO 64111
Pldase Rsturn to:
Kennedy and Gra,,:>n
Box 198
Signa tur e Page to Pedestrian Easem ent Agreement
MC-181069 -Exh ibit A
EXHIBIT A
EXHIBIT
DESCRIPTION
The most northerly 25.00 feet of Lot 1, Block 1, lying east of Lot
2, Block 1, TOPGOLF ADDITION, Hennepin County, Minnesot a
State Highway No. 252
(West River Road)
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•LOUCKS
7200 Hemlor.k Lune , Suite 300
Maple Grove, MN 55369
763.424.5505
wVV1v.lo uc ksi11 c.com
PROJECT NUMBER: 16366
PLANN IN G
CIV IL ENG INEERING
LA N D SURVEYIN G
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
SCALE IN FEET
DRAWN OY:...:K.;:;'M.;:;M"--SHEET NUMBER 1OF1
I hereby ce,ti(y 1ha t this wrvey, pfan or rnpon was
propo:ired IJy mv or undor my direct supeMWon end d)i)t
I tlm OJ duty lic.onsvd land Sur10yor u nder tho laws af
1heSt~in7~.
Mox L. SUinis lowlkl . PLS
Lic cms e No. 48988
Date -----------"'0-"4/'-=2~6/'-'1-"'8
l!-'.'Chibit "II" lo Pedestrian Easement Agreement
52368 6v3 SJS BRJOS-144
Economic Development Authority
DAT E:9/25/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:J esse A nders on, C ommunity D evelopment D irector
S U B J E C T:Res olu.on A pproving Par.al Waiver and Es toppel C er.ficate Regarding the C ons truc.on,
O pera.on, and Reciprocal Eas ement A greement for P roperty O wned by the Economic
D evelopment A uthority of Brooklyn C enter
Requested Council A con:
- Moon to A pprove a resoluon approving paral waiver and a estoppel cerficate regarding the
construcon, operaon, reciprocal easement agreement for property ow ned by the Economic
D evelopment A uthority of Brooklyn C enter, M innesota at 6100 S hingle C reek Parkw ay.
B ackground:
I n 1985 Ryan C ons truc.on Company of Minnes ota, I nc entered into an agreement with D ayton-H udson
Corpora.on regarding certain Construc.on, O pera.on, and Reciprocal Easement A greement (C O R E A ),
rela.ng to the cons truc.on and opera.on of a retail shopping complex on tw o adjacent tracts of land. City
E DA is now the owner of the Former Target site and Brooklyn V illage's , L L C intents to purchase the two
adjacent parcels.
Brooklyn V illage's has requested a waiver to parts of the agreement in order to clos e on the property and
s ecure financing for the project. S taff have review ed the request for w aiver of five items w ithin the
agreement. S taff does not find that any of the reques t w ould have an affect on the future development of
the site.
There are three key points to addres s w ith regard to the w aiver – F irs t, many of the provisions of the
C O R E A are outdated and prepared supposing the ongoing opera.on of a Target s tore on s ite. This w ill allow
the exis .ng us es to con.nue and put the property to good us e. S econd, it’s limited in .me to the end of the
term of the C O R E A . Third, this agreement can be renego.ated, terminated or allowed to expire depending
on the development of the C ity ’s plan for the site.
W ith regard to parking, this w aives S ec.on 3.2(E)(iv) and (v), w hich eliminates the requirement for
addi.onal parking spaces for res taurants (5 spaces for each 1000 s quare feet if les s than 5,000
s quare feet and 10 s paces for each 1,000 s quare feet if, 5,000 or more s quare feet).
W ith regard to ligh.ng, this waives S ec.on 5.2 which includes numerous ligh.ng requirements ,
including (1) full illumina.on from dus k to 30 minutes pas t clos ing, (2) authority to reques t that lights
s tay on for extended periods w ith payment provis ions , and (3) authority for ins talla.on of addi.onal
ligh.ng. The waiver requires code compliance, and bas ed on your review, this w ill be sufficient for
ligh.ng in the area. The w aiver of the ligh.ng provis ions is not par.cularly s ignificant.
W ith regard to signs , this waives S ec.on 5.3 which includes a number of s ignage requirements ,
including (1) allow ing only one frees tanding s ign within the s hopping center area that will iden.fy
Target (obviously outdated) and the name of the s hopping center, (2) allow ing “direc.onal s igns or
informa.onal signs s uch as "H andicapped Parking", the temporary display of leasing informa.on and
the temporary erec.on of one s ign iden.fying each contractor w orking on a cons truc.on job”, (3)
prohibi.ng more than one exterior iden.fica.on s ign for an occupant w ith less than 25,000 square
feet (2 for corner occupants), (4) allowing more than one iden.fica.on sign for occupants w ith more
than 25,000 s quare feet, (5) exterior s ign regula.ons , (6) prohibi.ng flashing, moving or audible
s igns, (7) prohibi.ng signs employing exposed raceways, neon tubes , ballast boxes or transformers,
and (8) prohibi.ng paper or cardboard s igns, temporary s igns, s .ckers or decals , excluding hours and
emergency telephone s .ckers. The occupants w ould s .ll need to comply with C ity and other code
requirements regarding s ignage.
A llow s exis.ng uses to con.nue during the term of the C O R E A .
Waives the 20% office space limita.on in S ec.on 5.1(A ).
The remaining terms and condi.ons of the A greement shall con.nue in full force and effect with r es pect to
the P roperty.
B rooklyn Village O verview:
A C E R, in partnership with the I gnite Bus inesswomen I nves tment G roup Coopera.ve (I B W I G ), tw o Black
w omen-led organiz a.ons based in the Brooklyns, M N, have formed the Brooklyn V illage's, L L C to purchase,
ow n and operate a retail mall in Brooklyn C enter. The site w ill hous e A C E R’s offices, exis.ng tenants, and
s ome 27 bus inesses from the I B W I G 's members hip. A C E R will move from tw o s uites it currently leases in
Brooklyn Center to a unit in the building. A C E R w ill operate programs and s ervices at the property, including
the Bus iness Res ource Center, which will provide ons ite small busines s technical assistance, res ources , and
w orkforce programming, in partners hip w ith C O PA L and H I R E D to tenants and the broader Brooklyn
Center and Northwes t S uburbs community. Brooklyn V illage's, L L C will retain the site's current property
management company, Atlas Commercial Real Es tate, to overs ee building opera.ons, mai
B udget I ssues:
There changes to the agreement have no affect on the C ity Budget.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Resident Economic S tability, Targeted Redevelopment
AT TA C H M E N TS :
D escrip.on U pload D ate Type
Res olu.on 9/18/2023 Resolu.on LeOer
Estoppel A greement 9/18/2023 Backup M aterial
Par.al Waiver A greement 9/18/2023 Backup M aterial
O riginal A greement 9/18/2023 Backup M aterial
P roject O verview 9/18/2023 Backup M aterial
Commissioner introduced the following resolution
and moved its adoption:
EDA RESOLUTION NO. 2023-______
RESOLUTION APPROVING PARTIAL WAIVER AND ESTOPPEL
CERTIFICATE REGARDING THE CONSTRUCTION, OPERATION, AND
RECIPROCAL EASEMENT AGREEMENT FOR PROPERTY OWNED BY
THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER,
MINNESOTA AT 6100 SHINGLE CREEK PARKWAY
WHEREAS, Ryan Construction Company of Minnesota, Inc. (together with their
respective successors, “Ryan”) and Dayton-Hudson Corporation (together with their respective
successors, “Dayton”), entered into a Construction, Operation, and Reciprocal Easement
Agreement on June 12, 1985 (the “COREA”), related to the construction and operation of a retail
shopping complex on two adjacent tracts of land, one of which was owned by Ryan and one of
which was owned by Dayton; and
WHEREAS, the COREA was amended on August 26, 1985, May 24, 1999 and August 4,
1999, and the COREA remains in effect until 11:59 p.m. on December 31, 2025; and
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the
“EDA”) acquired the Dayton property for redevelopment purposes and The Brooklyns’ Cultural
Village LLC is now considering purchasing the Ryan property and has requested that the EDA
execute a partial waiver of the COREA to release the Developer from certain elements of the
COREA, including use limitations, lighting requirements, parking requirements and signage
requirements, subject to City Code regulations and requirements; and
WHEREAS, The Brooklyns’ Cultural Village LLC is also requesting that the EDA execute
an estoppel certificate, in accordance with the terms of the COREA; and
WHEREAS, the EDA desires to support the development and use of the Ryan property
during the remaining term of the COREA, while ensuring compliance with City Code regulations
and requirements.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
Economic Development Authority of Brooklyn Center, Minnesota (the “Board”), as follows:
1. The EDA hereby approves the Partial Waiver of Construction, Operation, and
Reciprocal Easement Agreement (the “Partial Waiver”) in substantially the form presented
to the Board, subject to modifications that do not alter the substance of the Partial Waiver
and that are approved by the President and Executive Director, provided that execution of
the Partial Waiver by those officials shall be conclusive evidence of their approval.
2
2. The EDA hereby approves the Estoppel Certificate Regarding Construction,
Operation, and Reciprocal Easement Agreement (“Estoppel Certificate”) in substantially the
form presented to the Board, subject to modifications that do not alter the substance of the
Estoppel Certificate and that are approved by the President and Executive Director, provided
that execution of the Estoppel Certificate by those officials shall be conclusive evidence of
their approval.
3. EDA staff and officials are authorized to take all actions necessary to perform
the EDA’s obligations under the Partial Waiver and Estoppel Certificate as a whole.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
ESTOPPEL CERTIFICATE REGARDING CONSTRUCTION, OPERATION, AND
RECIPROCAL EASEMENT AGREEMENT
THIS ESTOPPEL CERTIFICATE REGARDING CONSTRUCTION, OPERATION, AND
RECIPROCAL EASEMENT AGREEMENT (this “Certificate”) is entered into this ___ day of
__________, 2023, by the Economic Development Authority of Brooklyn Center, a public body corporate
and politic under the laws of the State of Minnesota (the “EDA”), for the benefit of The Brooklyns’ Cultural
Village LLC, a Minnesota limited liability company (the “Developer”), with offices located at 6800 78th
Avenue North, Brooklyn Park, MN 55445, and their respective successors and assigns.
RECITALS
WHEREAS, Ryan Construction Company of Minnesota, Inc. (together with their respective
successors, “Ryan”) and Dayton-Hudson Corporation (together with their respective successors, “Dayton”),
entered into to that certain Construction, Operation, and Reciprocal Easement Agreement on June 12, 1985
(the “Original Agreement”), related to the construction and operation of a retail shopping complex on two
adjacent tracts of land, one of which was owned by Ryan (the “Ryan Property”) and one of which was
owned by Dayton (the “Dayton Property” and, together with the Ryan Property, the “Property”), which
Original Agreement was filed with the Office of the Registrar of Titles of Hennepin County, Minnesota
(the “Registrar”), on June 13, 1985 as Document No. 1651179.
WHEREAS, the Original Agreement has been amended by (i) that certain First Amendment to
Construction, Operation and Reciprocal Easement Agreement, dated as of August 26, 1985, and filed with
the Registrar on December 26, 1985, as Document No. 1693842, wherein the termination date of the
Agreement was added (the “First Amendment”); (ii) that certain Second Amendment to Construction,
Operation and Reciprocal Easement Agreement, dated as of May 24, 1999, and filed with the Registrar on
June 2, 1999, as Document No. 3164792, wherein the Site Plan and the Parking Ratio were amended (the
“Second Amendment”); and (iii) that certain Third Amendment to Construction, Operation and Reciprocal
Easement Agreement, dated as of August 4, 1999, and filed with the Registrar on October 11, 1999, as
Document No. 3213187, wherein the parking requirements were amended (the “Third Amendment” and,
together with the Original Agreement, the First Amendment and the Second Amendment, the
“Agreement”), and the Agreement is in effect until 11:59 p.m. on December 31, 2025.
WHEREAS, the EDA has previously acquired the Dayton Property for redevelopment purposes
and the Developer is now considering purchasing the Ryan Property from BPC Shingle Creek Holdings,
LLC, a Delaware limited liability company (“BPC”), the current owner of the Ryan Property and has
requested that the EDA execute this Certificate to authenticate and verify the matters set forth below.
CERTIFICATION
NOW, THEREFORE, in consideration of the Agreement, the EDA hereby certifies as follows:
1. Incorporation of Recitals; Defined Terms. The Recitals set forth above are true, complete and
accurate, and are hereby incorporated by reference. All capitalized terms used herein and not
otherwise defined have the meanings given them in the Agreement.
BR291-16-902522.v2
2. Full Force and Effect. To the EDA’s knowledge, the Agreement is in full force and effect as
of this date hereof.
3. Assignment, Modification or Amendment. To the EDA’s knowledge, the Agreement has been
amended and modified only as detailed in the Recitals hereof, and the Agreement has not been
assigned except to the extent that the Agreement runs with title to the Property encumbered by
the Agreement and the Property has been conveyed to BPC.
4. Performance by BPC. BPC has fully and timely performed all of its obligations under the
Agreement, is not in default thereunder, and the EDA knows of no condition which, with the
giving of notice or the passage of time or both, would constitute a default by BPC thereunder.
IN WITNESS WHEREOF, the EDA has caused this Certificate to be executed as of the day and
year first above written.
ECONOMIC DEVELOPMENT AUTHORITY OF
BROOKLYN CENTER, MINNESOTA
By ____________________________________
Its President
By ____________________________________
Its Executive Director
1
BR291\16\902601.v1
PARTIAL WAIVER OF CONSTRUCTION, OPERATION, AND RECIPROCAL EASEMENT
AGREEMENT
WHEREAS, Ryan Construction Company of Minnesota, Inc. (together with their respective
successors, “Ryan”) and Dayton-Hudson Corporation (together with their respective successors, “Dayton”),
entered into to that certain Construction, Operation, and Reciprocal Easement Agreement on June 12, 1985
(the “Original Agreement”), related to the construction and operation of a retail shopping complex on two
adjacent tracts of land, one of which was owned by Ryan and is legally described in Exhibit A attached
hereto (the “Ryan Property”) and one of which was owned by Dayton (the “Dayton Property” and, together
with the Ryan Property, the “Property”), which Original Agreement was filed with the Office of the
Registrar of Titles of Hennepin County, Minnesota (the “Registrar”), on June 13, 1985 as Document No.
1651179;
WHEREAS, the Original Agreement has been amended by (i) that certain First Amendment to
Construction, Operation and Reciprocal Easement Agreement, dated as of August 26, 1985, and filed with
the Registrar on December 26, 1985, as Document No. 1693842, wherein the termination date of the
Agreement was added (the “First Amendment”); (ii) that certain Second Amendment to Construction,
Operation and Reciprocal Easement Agreement, dated as of May 24, 1999, and filed with the Registrar on
June 2, 1999, as Document No. 3164792, wherein the Site Plan and the Parking Ratio were amended (the
“Second Amendment”); and (iii) that certain Third Amendment to Construction, Operation and Reciprocal
Easement Agreement, dated as of August 4, 1999, and filed with the Registrar on October 11, 1999, as
Document No. 3213187, wherein the parking requirements were amended (the “Third Amendment” and,
together with the Original Agreement, the First Amendment and the Second Amendment, the
“Agreement”), and the Agreement is in effect until 11:59 p.m. on December 31, 2025;
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the “EDA”)
has previously acquired the Dayton Property for redevelopment purposes and The Brooklyns’ Cultural
Village LLC, a Minnesota limited liability company (together with its affiliates and assigns, the
“Developer”), is now considering purchasing the Ryan Property and has requested that the EDA execute
this Partial Waiver of the Agreement (this “Waiver”) to release the Developer from certain elements of the
Agreement; and
NOW THEREFORE, the EDA does hereby release the Developer from the following portions of
the Agreement:
2
BR291\16\902601.v1
1. Restaurant Parking. Sections 3.2(E)(iv) and (v) of the Agreement are hereby waived.
2. Use.
A. Notwithstanding Section 5.1 of the Agreement, any existing use of the Ryan Property as
of the date of this Waiver is an eligible use under the Agreement and the Developer may
allow said use to continue.
B. Notwithstanding Section 5.1(A) of the Agreement, the Developer may dedicate more
than 20% of the Floor Area on the Ryan Property to office use.
3. Lighting. Section 5.2 of the Agreement is hereby waived.
4. Signage. Section 5.3 of the Agreement is hereby waived. All signage on the Ryan Property
shall be governed by City Code.
The remaining terms and conditions of the Agreement shall continue in full force and effect with
respect to the Property. This Waiver shall only apply to the Developer, and not to any other former, current
or future owners or operators of the Ryan Property. This Waiver shall terminate on the date the Agreement
terminates or upon conveyance of the Ryan Property, whichever occurs first.
Nothing in this Waiver shall relieve the Developer from obtaining any and all required permits or
approvals or relieve the Developer from constructing, operating or maintaining any improvements on the
Ryan Property in accordance with the terms of all local, state and federal laws and regulations (including,
but not limited to, environmental, licensing, zoning, building code and public health laws and regulations).
Any titles of the several parts of this Agreement are inserted for convenience of reference only and
shall be disregarded in construing or interpreting any of its provisions.
IN WITNESS WHEREOF, the EDA has caused this Waiver to be executed as of the day and year
first above written.
ECONOMIC DEVELOPMENT AUTHORITY OF
BROOKLYN CENTER, MINNESOTA
By ____________________________________
Its President
By ____________________________________
Its Executive Director
3
BR291\16\902601.v1
STATE OF MINNESOTA
COUNTY OF HENNEPIN
}
ss.:
The foregoing instrument was acknowledged before me this ______ day of
_______________________, 2023, by __________ and ___________, the President and Executive
Director of the Economic Development Authority of Brooklyn Center, Minnesota (the “EDA”), a public
body corporate and politic under the laws of the State of Minnesota on behalf of the EDA.
Notary Public
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (SJS)
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300
4
BR291\16\902601.v1
IN WITNESS WHEREOF, the Developer hereby acknowledges and consents to this Waiver
executed as of the day and year first above written.
THE BROOKLYNS’ CULTURAL VILLAGE LLC
By ____________________________________
Its _____________________________________
STATE OF MINNESOTA
COUNTY OF HENNEPIN
}
ss.:
The foregoing instrument was acknowledged before me this ______ day of
_______________________, 2023, by __________, the ________________ of The Brooklyns’ Cultural
Village LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (SJS)
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300
5
BR291\16\902601.v1
EXHIBIT A
Legal Description of the Ryan Property
Lot 1, Block 1, Shingle Creek Center, Hennepin County, Minnesota.
6
CONSTRUCTION, OPERATION, AND
RECIPROCAL EASEMENT AGREEMENT
BETWEEN
DAYTON-HUDSON CORPORATION
and
I2290 SmoIig4
/
U
RYAN CONSTRUCTION COMPANY OF MINNESOTA, INC.
CONSTRUCTION, OPERATION, AND
RECIPROCAL EASEMENT AGREEMENT
TABLE OF CONTENTS
Section
Article I
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
2.4
Page
PARTIES ................1
DEFINITIONS ..............2
Building Area .............2
Common Area ..............2
Floor Area ..............2
Occupant ...............3
Party .................3
Person ................4
Permitee ...............4
Tract .................4
EASEMENTS ...............4
ingress and Egress ..........4
Utilities ...............8
Construction, Maintenance and
Reconstruction ...........10
Restriction ..............11
CONSTRUCTION .............11
General Requirements..........11
Common Area ..............13
Building Improvement .........16
MAINTENANCE AND REPAIR ........19
Utilities ...............19
Common Area ..............20
Building Improvements and Outside
Sales and Storage Areas .......22
OPERATION OF THE SHOPPING CENTER ...23
Uses ................23
Lighting ...............26
Signs .................28
Insurance ...............30
35Taxes and Assessments .........5.5
35Liens.................5.6
Article VI
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
Article VII
7.1
MISCELLANEOUS .............
Default ................
Interest ...............
Estoppel Certificate .........
Notices .................
Consent to be Reasonable .......
Condemnation .............
Binding Effect ............
Singular and Plural ..........
Counterparts and Signature Pages ...
Negation of Partnership ........
Not a Public Dedication ........
Excusable Delays ...........
Severability .............
Amendments ..............
Captions and Capitalized Terms ....
Minimization of Damages ........
COREA Shall Continue Notwithstanding
Breach ...............
Time .................
Non Waiver ..............
TERM .................
Term of this COREA ..........
36
36
37
38
39
40
40
41
41
41
41
41
42
42
42
42
43
43
43
43
43
43
Exhibit A Legal Description of Target Tract
Exhibit B Legal Description of Developer Tract
Exhibit C Submission Guidelines
Exhibit X Site Plan
2
S 0
CONSTRUCTION, OPERATION AND RECIPROCAL
EASEMENT AGREEMENT
THIS AGREEMENT ("COREA") is made and entered into as of
the II'day of 7L4rar&_,198.5, between DAYTON-HUDSON
CORPORATION, a Minnesota corporation ("Target") and RYANS/y-fLote ceeE c_cimir 0 PARnt 729,W73
("Developer").
WITNESSETH
., a Minnesota corporation
WHEREAS, Target is the owner of a certain tract of land
described in Exhibit A attached hereto ("Target Tract") and
identified as such on Exhibit X (the "Site Plan") attached
hereto; and
WHEREAS, Developer is the owner of a certain tract of land
described in Exhibit B, attached hereto ("Developer Tract") and
identified as such on the Site Plan; and
WHEREAS, the Target Tract and the Developer Tract
(collectively the "Shopping Center") are contiguous and adjacent
as shown on the Site Plan; and
WHEREAS, the signatories hereto intend to.develop and operate
their respective Tracts in conjunction with each other as
integral parts of a retail shopping complex and in order: to
effectuate the common use and operation thereof they desire to
enter into certain covenants and agreements as a part of a
general plan, and to grant to each other certain reciprocal
easements, in, to, over, and across their respective Tracts.
NOW, THEREFORE, in consideration of the premises, the
covenants and agreements hereinafter set forth and in*furtherance
of the parties understanding, it is agreed as follows:
060485/#6/LAzCOREARC
ARTICLE I
DEFINITIONS
1.1 Building Area."Building Area" shall mean the limited
areas of the Shopping Center within which buildings (including
canopies, supports or other outward extensions) may be
constructed, placed or located.
1.2 Common Area."Common Area" shall mean all areas within
the exterior boundaries of the Shopping Center, exclusive of (i)
buildings and their respective truck docks and/or receiving
areas, and (ii) any outside sales or storage area established
pursuant to 5.1(D).
1.3 Floor Area."Floor Area" shall mean the total number of
square feet of floor space in a building, whether or not actually
occupied; provided, however, that with respect to space in any
basements, balconies, mezzanines or upper floors,, such
calculation shall include only the number of square feet of floor
space by which the aggregate of the floor space in such
basements, balconies, mezzanines or upper floors thereof exceeds
five percent (5%) of the aggregate of the main level floor space
in such,building.The Floor Area of any building shall be
calculated from the exterior of all exterior walls and the center
line of party or common walls.Each Party shall direct its
architect to make a determination of the total Floor Area of any
building on such Party's Tract within one hundred twenty (120)
days of the date. of completion of such building.Within a
reasonable time thereafter, such Party shall certify to all other
Parties the Floor Area applicable to such building.
During any period of rebuilding, repairing, replacement or
reconstruction of a building, the Floor Area of that building
shall be deemed to be the'same as existed immediately prior to
that period.Upon completion of such rebuilding, repairing,
replacement or reconstruction, the Party upon whose Tract such
-2-
building is located, shall cause a new determination of Floor
Area for such building to be made in the manner described above,
and such determination shall be sent to any Party reauestinq the
same.
1.4 Occupant."Occupant" shall mean any Person from time to
time entitled to the use and occupancy of any portion of a
building in the Shopping Center under any lease, sublease,
license, concession, or other similar agreement.
1.5 Party."Party".shall mean each signatory hereto and,
after compliance with the notice requirements set forth below, to
their respective successors and assigns who become owners of any
portion of the Shopping Center.Until the notice requirement is
complied with, the transferring Party shall (for the purpose of
this COREA only) be the transferee's agent.Each Party shall be
liable for the performance of all covenants, obligations and
undertakings herein set forth with respect to the portion of the
Shopping Center owned by it which accrue durinq the period of
such ownership, and such liability shall continue with respect to
any portion transferred until the notice requirement set forth
below is complied with, at which time the transferrinq Party's
personal liability shall terminate.The transferee Party shall
automatically become liable for all performance requirements
and/or amounts which arise subsequently to compliance with the
notice and assumption requirement.A Party transferring all or
any portion of its interest in the Shopping Center shall give
notice to all other Parties of such transfer and shall include
therein at least the following information:
(a)the name and address of the transferee; and
(b)a copy of the survey showing the location and
indicating the legal description of the portion of the
Shopping Center transferred.
Nothing contained herein to the contrary shall affect the
existence, priority, validity or enforceability of any lien
placed upon the transferred portion of the Shoooinq Center prior
to receipt of the notice and statement.
1.6 Person."Person" shall mean each individual,
partnership, firm, association, corporation, trust, or any other
form of. business or government entity.
.1.7 Permittee."Permittee" shall mean all Occupants and the
officers, directors, employees, agents, contractors, customers,
vendors, suppliers, visitors, invitees, licensees, subtenants,.
and concessionaires of Occupants insofar as their activities
relate to the intended use of the Shoooinq Center.Among others,
Persons engaging in the following activities on the Common Area
will not be considered to be Permittees:
(i)Exhibiting any placard, sign, or notice;
(ii)Distributing any circular, handbill, placard, or
booklet;
(iii)Soliciting memberships or contributions;
(iv)Parading, picketing, or demonstrating; and
(v)Failing to follow regulations relating to the use
of the Shopping Center.
1.8 Tract."Tract" shall mean that portion of the Shoooinq
Center owned by a Party.
ARTICLE II
EASEMENTS
2.1 Ingress and Egress.
(A)During the term of this COREA each Party hereby grants
and conveys to each other Party for its use and for the use of
its Permittees, in common with others entitled to use the same, a
non-exclusive easement for the passage and parking of vehicles
over and across the parking and driveway areas of the grantor's
Tract as the same may from time to time be constructed and
maintained for such use and for the passage and accommodation of
pedestrians over and across the parking, driveways and sidewalk
areas of the grantor's Tract as the same may from time to time be
constructed and maintained for such use.Such easement rights
shall be subject to the following reservations as well as other
provisions contained in this COREA:
(i)Except for situations specifically provided for in
the following subparagraphs, no fence or other barrier which
would unreasonably prevent or obstruct the passage of
pedestrian or vehicular travel for the purposes herein
permitted shall be erected or permitted within or across the
easement areas; provided, however, that the foregoing
provision shall not prohibit the installation of convenience
facilities (such as mailboxes, public telephones, benches or
public transportation shelters), of landscaping, beams or
planters, nor of limited curbing and other forms of traffic
controls.
(ii)In connection with any construction,
reconstruction, repair or maintenance on its Tract, each
Party reserves the right to create a staging and/or storage
area in the Common Area on its Tract at such location as will
not unreasonably interfere with access between such Tract and
the other areas of the Shopping Center.
(iii)Each Party hereby reserves the right, from time to
time without obtaining the consent or approval of any other
Party, to make at its own expense any insignificant change,
modification or alteration in its portion of the Common Area,
provided that:
(a)the accessability of such Common Area for
pedestrian and vehicular traffic (as it relates to the
remainder of the Shopping Center) is not unreasonably
restricted or hindered.
(b)there shall be maintained at all times within
such Common Area, a sufficient number of vehicular
parking spaces to meet the Parking requirements set
forth in 3.2(E), and all parking stalls and rows shall
remain generally as shown on the Site Plan;
(c)no governmental rule, ordinance or regulation
shall be violated as a result of such action, especially
if such action results in any other Party being in
violation of any governmental rule, ordinance or
regulation;
(d)no change shall be made in the access Points
between the Common Area and the public streets;
provided, however, that additional access points may be
created with the approval of the other Parties, such
approval not to be unreasonably withheld;
(e)at least thirty (30) days Prior to making any
such change, modification or alteration, the Party
desiring to do such work shall deliver to each other
Party copies of the plans therefor, and Provided further
that such work shall not occur between October 1st and
the following January 31st.
(iv)Each Party reserves the right to close off its
portion of the Common Area for such reasonable period of time
as may be legally necessary, in the opinion of such Party's
counsel, to prevent the acquisition of prescriptive rights by
anyone; provided, however, that prior to closing off any
portion of the Common Area, as herein provided, such Party
shall give written notice to each other Party of its
intention to do so, and shall attempt to coordinate such
closing with each other Party so that no unreasonable
interference in the passage of pedestrians or vehicles shall
occur;
(v)Each Party reserves the right at any time and from
time to time to exclude and restrain any Person who is not.a
Permittee from the use and/or occuoancv of its Common Area.
(B)The Parties have designated a right-of-way ("Front
Drive") that is approximately thirty feet (30') wide and
traverses the Shopping Center as shown on the Site Plan.Each
Party hereby grants and conveys to each other Party for its use
and for the use of its Permittees, in common with others entitled
to use the same, a nonexclusive perpetual easement for the
passage and accommodation of pedestrians and vehicles upon, over,
and across that portion of the grantor's Tract which is covered
by the Front Drive; such easement shall be appurtenant to and for
the benefit of each grantee's Tract.After the termination of
the COREA, that portion of the grantor's Tract which is covered
by the Front Drive may be relocated to accommodate the use and/or
development of the grantor's Tract provided that such relocated
portion is not moved more than thirty feet (30') from its
original location and provided further that the relocated portion
of the Front Drive continues to provide a reasonably convenient
connection with its counterpart located on any adjacent Tract.
and/or with a public street, if any; the relocation route of the
Front Drive shall be subject to the reasonable approval of each
Party benefiting from such easement grant, and the Party causing
such relocation shall pay all costs and expenses associated with
such relocation (whether such costs relate to such Party's Tract
or otherwise).
2.2 Utilities.
(A)Each Party hereby grants and conveys to each other Party
a non-exclusive perpetual easement in, to, over, under; alonq and
across the Common Area (exclusive of any portion located within
the Building Area) located on the grantor's Tract for the
installation, operation, flow, passage, use, maintenance,
connection, repair, relocation, and removal of lines or systems
for utilities serving the grantee's Tract, includinq but not
limited to, sanitary sewers, storm drains, water (fire and
domestic), gas, electrical, telephone and communication lines but
specifically excluding any utility line or system which is
hazardous.Except with respect to ground mounted electrical
transformers at the rear of a building or as may be necessary
during periods of construction, repair, or temporary service, all
utilities shall, be underground unless required to be above qround
by the utility providing such service.Prior to exercising the
right granted herein, the grantee shall first provide the grantor
with a written statement describing the need for such easement,
shall identify the proposed location of the utility, and shall
furnish a certificate of insurance showing that its contractor
has obtained the minimum insurance coverage required by 5.4(C'
hereof.Any Party installing utilities pursuant to the
provisions of this subparagraph shall pay all costs and expenses
with respect thereto and shall cause all work in connection
therewith (including general clean-up and proper surface and/or
subsurface restoration) to be completed as quickly as possible
and in a manner so as to minimize interference with the use of
the Common Area by the Parties hereto.If any of the Parties
elects to install common utilities, all costs and expenses
thereof may be set forth in a separate agreement between those
cooperating Parties.
(B)The initial location and width of any utility shall be
subject to the prior.:written approval of the Party whose Common
Area is to be burdened thereby, such approval not to be
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unreasonably withheld.The easement area shall be no larger than
whatever is necessary to reasonably satisfy the utility comoanv
as to a public utility or five feet (5') on each side of the
centerline as to a private line.The grantor of the easement
shall have the right to require that a copy of an as-built survey
of such utility be delivered to it after installation, at
grantee's expense.The grantor shall have the right at any time
to relocate any such facility provided that such relocation shall
be performed only after thirty (30) days' notice of such
intention to so relocate shall be given to the grantee, and such
relocation:
(i)shall not interfere with or diminish the utility
services to the grantee;
(ii)shall not reduce or unreasonably impair the
usefulness or function of such utility;
(iii)shall be performed without cost or expense to
grantee;
(iv)shall be completed using materials and design
standards which equal or exceed those originally used; and
(v)shall have been approved by the utility company and
the appropriate governmental or quasi-governmental agencies
having jurisdiction thereover.
Documentation of the relocated easement area shall be the
grantor's expense and shall be accomplished as soon as
possible.Grantee shall have a right to require an as-built
survey of such relocated utility be delivered to it at grantor's
expense.
2.3 Construction, Maintenance and Reconstruction.In order
to accommodate any footings, foundations, columns or walls which
may be constructed or reconstructed immediately adjacent to a
common boundary line and which may overlap that common boundary
line, each Party grants to each other Party a non-exclusive ease-
ment in, to, over, under, and across that portion of its Tract
adjacent to such common boundary line in space not theretofore
occupied by any then existing structure for the construction,
maintenance and replacement of footings to a maximum distance of
five feet (5') onto the grantor's Tract and for the construction,
replacement and maintenance of foundations, columns, or walls to
a maximum distance of six inches (6") unto the grantor's Tract.
The easement shall continue in effect for the term of this COREA
and thereafter so long as the building utilizing the easement
area exists, including a reasonable period to permit
reconstruction or replacement of such building if the same shall
be destroyed, damaged, or demolished and shall include the
reasonable right of access necessary to exercise and enjov such
grant.
Prior to utilizing any easement set forth above, the qrantee
Party shall advise the grantor Party of its intention to use the
same, including providing plans and specifications for the
improvements to be located within the easement area and
construction techniques for the same, and shall give the grantor
Party an opportunity to commence any construction activities
which such Party contemplates undertaking at approximately the
same time to the end that each shall be able to utilize
subterranean construction techniques which will permit the
placement above ground of a building on each Tract immediately
adjacent to the common boundary line.If a common subterranean
construction element is used by the Parties, it is specifically
understood that each shall assume and pay its.reasonable share of
the cost and expense of the initial construction and, so long as
both Parties are benefitting therefrom, subsequent maintenance
thereof.In the event any building utilizing a common
subterranean element is destroyed and not replaced or is removed,
the common subterranean construction element shall be left in
place for the benefit of any building utilizing the same located
on the adjoining Tract.
2.4 Restriction.No Party shall grant any easement for the
purpose set forth in this Article for the benefit of any property
not within the Shopping Center; provided, however, that the
foregoing shall not prohibit the granting or dedicating of
utility easements by a Party on its Tract to governmental or
quasi-governmental authorities or to public utilities.
ARTICLE III
CONSTRUCTION
3.1 General Requirements.
(A)Each Party agrees that all construction activities
performed by such Party within the Shopping Center shall be
performed in compliance with all laws, rules, regulations,
orders, and ordinances of the city, county, state, and federal
governments, or any department or agency thereof, affecting
improvements constructed within the Shopping Center.
(B)Each Party agrees to perform its construction activities
in accordance with the following provisions:
(i)so as not to cause any other Party any unreasonable
increase in the cost of constructing the other Party's
improvements upon its Tract;
(ii)so as not to unreasonably interfere with any
construction work being performed on the remainder of the
Shopping Center, or part thereof;
(iii)so as not to unreasonably interfere with the use,
occupancy or enjoyment of the remainder of the Shopping
Center or part thereof by any other Party or the Permittees
of the other Party;
(iv)the storage of material and parking of construction
vehicles and construction workers' vehicles shall occur only
on the constructing Party's Tract.In addition all laborers,
suppliers and others connected with such construction
activity shall use only the access points between such Tract
and the public streets; and
(v)so as not to cause any other Party to be in
violation of any law, rule, regulation, order or ordinance
applicable to its Tract of the city, county, state, federal
government, or any department or agency thereof.
Each Party agrees to defend, indemnify and hold harmless each
other Party from all claims, actions and proceedings (including
reasonable attorneys' fees and costs of suit) resulting from any
accident, injury or loss or damage whatsoever occurring to any
Person or to the property of any Person arising out of or
resulting from the performance of any construction activities
performed or authorized by such indemnifying Party.
(C)When a Party is constructing, reconstructing, repairing,
maintaining, remodeling, or enlarging a building or Common Area
on its Tract, such Party shall designate, and give each other
Party at least ten (10) days notice of, a staging and storage
area on the Common Area on its Tract prior to commencing such
work.If substantial work is to be performed, such Party at the
request of any other Party shall fence off the staging and
storage area and, upon completion of such work, the affected
Common Area shall be restored to a condition at least equal to
that existing prior to commencement of such work.
(D)Each Party hereby grants and conveys to each other
Party and to its respective contractors, materialmen and
laborers a temporary license of passage and use over and across
the Common Area of the grantor's Tract as shall be reasonably
necessary for the grantee to construct and/or maintain the
improvements to be constructed or existing upon its Tract;
provided, however, that such license shall be in effect only
during periods when actual construction and/or maintenance is
performed and provided further that the use of such license
shall not be exercised so as to unreasonably interfere with the
use and operation of the Common Area by others.Prior, to
exercising the rights granted herein, the grantee shall first
provide the grantor with a written statement describing the need
for such license, and shall furnish a certificate of insurance
showing that its contractor has obtained the minimum insurance
coverage required by 5.4(C) hereof.Any Party availing itself
of the temporary license shall promptly pay all costs and
expenses associated with such work, shall diligently complete
such work as quickly as possible, and shall promptly clean the
area and restore the affected portion of the Common Area to a
condition which is equal to or better than the condition which
existed prior to the commencement of such work.
3.2 Common Area. Upon its election to construct a building
upon its Tract, each Party shall cause the Common Area on its
Tract to be improved substantially as shown on the Site Plan
with substantial completion of such Common Area to be no later
than the date the first business on such Tract opens for
business with the public.Such work shall be done in a good and
workmanlike manner and in accordance with good engineering
standards;the following minimum general
design standards shall be complied-with:
(A)The lighting system shall be:(a) designed to produce
a minimum maintained lighting intensity at grade at all points
in the Common Areas of 1.00 foot candle except the outermost
100' which may have not less than a minimum maintained lighting
intensity at grade of 0.5 foot candle; and (b) operated off
separate control switches with each Party controlling only the
lighting system located on its Tract (subject to the provisions
of Section 5.2(c)); and (c) provided by fixtures approved by the
Parties.
(B)The slope in the parking area shall not exceed a .
maximum of four percent (4%), nor be less than a minimum of one
percent (1%) unless otherwise agreed to by the Parties.
(C)All sidewalks shall be concrete or other material
approved by the Parties.The paved portions of the Common Area
shall be paved in accordance with a paving recommendation
obtained from a reputable engineering firm approved by the
Parties.
(D)Utilities that are placed underground shall be at
depths of not less than that designated by consultants approved
by the Parties.Design and working drawings may be prepared by
the utility company providing the service.
.(E)Each Party hereby agrees to initially construct and to
thereafter maintain sufficient ground level,standard automobile
size, parking spaces in order to comply with the following
minimum requirements:
(i)five (5.0) parking spaces for each one thousand
(1,000) square feet of Floor Area located-on the Target
Tract;
(ii)five (5.0) parking spaces for each one thousand
(1,000) square feet of Floor Area located on the Developer
Tract;
plus, with respect to each Tract,
(iii)if the business use contains a drive-up unit (such
as remote banking tellers or food ordering/dispensing
facility), then there shall also be created space for
stacking not less than five (5) automobiles for each drive-
up unit; and
(iv)if the business use contains a restaurant which
has less than five thousand (5,000) square feet of Floor
Area, then five (5), additional parking spaces for each one
thousand (1,000) square feet of Floor Area devoted to such
use; or
(v)if the aggregate Floor Area devoted to restaurant
use is five thousand (5,000) or more, then ten (10)
additional parking spaces for each one thousand (1,000)
square feet of Floor Area devoted to such use;
provided however, that for the purpose of this clause, if a
restaurant is operated incidentally (gross sales 20% or less
than total business operation) to another business operation,
then the Floor Area occupied by such restaurant shall be
excluded from the application of (iv) and (v) above.
All governmental regulations, ordinances and similar orders with
regard to parking shall be satisfied without reliance on the
parking spaces that may be available on another Tract.
Developer and Target acknowledge that either or both of them may
be required to construct additional parking spaces in order to
satisfy governmental parking requirements and each agrees to
cause such additional parking spaces to be added.In the event
of a condemnation or sale or transfer in lieu thereof that
reduces the number of usable parking spaces below that which is
required herein, the Party whose Tract is so affected shall use
its best efforts (including using proceeds from the condemnation
award proceeds or settlement) to restore and/or substitute
parking spaces in order to comply with the parking requirements
set forth above.If such compliance is not possible, such Party
shall not be deemed in default hereunder, but shall not be
permitted to expand the amount of Floor Area located upon its
Tract; and if such Floor Area is thereafter reduced, then it may
not be subsequently increased unless the parking requirement is
satisfied.
(F)The Parties hereby approve the grading and drainage
plan to be used in initial construction of the Common Area,
dated January 3, 1985 and prepared by Hansen, Thorp, Pellinen
and Olson, Inc. with last revised date April 10, 1985.Such
grading and drainage plan shall be followed by the Parties
during construction; and during the term of this COREA,no Party
shall alter the grade elevations on any portion of its Tract
from those established by these plans if such alteration would
increase the flow of surface water unto another Party's Tract,
affect ingress and egress or otherwise adversely affect another
Party's Tract.
3.3 Building Improvement.
(A)The Parties hereby agree that buildings and any outside
sales or storage area may be located only within the Building
Areas designated on the Site Plan.
(B)In order to produce an architecturally compatible
Shopping Center, the Parties agree that the initial building
construction and any additions, exterior remodeling or
reconstruction of existing improvements thereafter shall be
performed only in accordance with approved plans for such work
as provided herein.The Party proposing such work shall submit
to each other Party detailed plans as required by Exhibit C
attached hereto and made a part hereof.The receiving Party
shall either approve, disapprove, or make recommendations for
change in the Plans within thirty (30) days of the receipt
thereof.Failure to approve, disapprove, or make
recommendations for change within said thirty (30) day period
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shall constitute an approval of the Plans as submitted.Any
disapproval or recommendation for change shall specify with
particularity the reason therefor.Upon submission of any
disapproval or recommendation for change, the Parties shall
mutually consult to establish approved Plans for the proposed
work.No Party'shall arbitrarily or unreasonably withhold
approval of the Plans or recommend changes in the Plans which
otherwise conform with the requirements hereof.In addition, no
Party shall withhold approval of exterior remodeling or exterior
reconstruction which does not either substantially enlarge an
existing structure, or substantially change an existing
structure.In no event shall one Party require any other Party
to utilize design standards superior to those utilized by the
requiring Party in the construction of improvements on its
Tract.No approval of any Plans by any Party shall constitute
assumption of responsibility by the approving Party for the
accuracy, sufficiency, or propriety of the Plans or a
representation or warranty that the plan calls for construction
of improvements which comply with applicable laws.No material
deviation shall be made from the approved Plans.
(C)The Parties hereby specifically consent to the
placement of buildings along the common boundary line between
the Target Tract and the Developer Tract, and each agrees to
support any request by the other for a side-yard or setback
variance if the same is required in order to accommodate such
construction.
(D)Developer acknowledges that Target intends to construct
on the Target Tract a building of the "Type II N-Unlimited Area,
Sprinklered Building" designation (as defined in the 1979
Uniform Building Code or the most current equivalent).So long
as Target plans to construct a building of such designation, or
so long as a building of such designation exists on the Target
Tract (including any restoration or reconstruction thereof),
Developer agrees that any building to be placed or constructed
on the Developer Tract that is (i) located within 60 feet of the
Target Tract or (ii) located within 60 feet of any building
referenced in (i) above shall comply with the requirements of
said "Type II N-Unlimited Area, Sprinklered Building"
designation, including the installation of an approved sprinkler
systems for fire protection if necessary to comply with the
requirements of such designation.In addition to the
requirements set forth in the preceding sentence, no building
located on the Developer Tract shall be placed or constructed in
a manner which will itself preclude the construction of a
building of such designation on the Target Tract.
(E)The second Party to construct a building along the
common boundary line between the Target Tract and the Developer
Tract shall do so in a manner that does not result in damage to
the improvements in place on the adjoining Tract, and further
shall undertake and assume at its sole cost the obligation of
completing and maintaining the nominal attachment (flashing and
seal) of its building to that of the existing building on the
other Tract, it being the intent of the Parties to establish and
maintain the appearance of one continuous building complex.In
performing such attachment, the wall of one building shall not
receive support from nor apply pressure to the wall of the other
building.
(F)If a portion of any Building Area is at one point in
time paved and used as Common Area, such portion may be
subsequently used as building area provided that all parking
requirements and other provisions of this COREA for such Tract
are also complied with.Likewise, if area is at one point in
time occupied by a building, such building may be subsequently
razed, and until replaced, the area shall thereafter be deemed
part of the Common Area.
(G)The following building height restrictions shall be
applicable to the Shopping Center:
(i)Target Tract 30'
(ii) Developer Tract 30'
No mechanical equipment, penthouse or similar appurtenant
structure located on the roof of a building shall extend upward
above the top of the building more than five feet (5').
ARTICLE IV
MAINTENANCE AND REPAIR
4.1 Utilities.
(A)Each Party shall maintain and repair in first-class
condition all utility facilities, lines, and systems located on
its Tract that serve only its Tract unless same are dedicated to
and accepted by public or quasi-public authority.
(B)The grantee of a utility easement referred to in 2.2(A)
shall maintain and repair at its cost any facilities installed
pursuant to such grant which exclusively serve such grantee's
Tract unless same are dedicated to and accepted by a quasi-
municipal corporation or other utility or a governmental agency
acceptable to the grantor which agrees to maintain and replace
the same.Any maintenance and repair of nondedicated utilities
located on another Party's Tract shall be performed only after
two (2) weeks' notice to the grantor (except in an emergency the
work may be initiated with reasonable notice)and shall be done
after normal business hours whenever possible, and otherwise in
such manner' as to cause as little disturbance in the use of the
grantor's Tract as is practicable under the circumstances.Any
Party performing or causing to be performed maintenance or
repair-work agrees to promptly pay all costs and expenses
associated therewith to diligently complete such work as quickly
as possible and to promptly clean the area and restore the
effected portion of the Common Area to a condition equal to or
better than the'condition which existed prior to the
commencement of such work.
4.2 Common Area.
(A)Each Party agrees at its sole cost and expense to
maintain or cause to be maintained those portions of the Common
Area located on its Tract in first-class condition and in
compliance with all applicable laws, rules, regulations, orders,
and ordinances of governmental bodies and agencies and the
provisions of this COREA.The foregoing provision shall not
prevent the Parties from causing the Common Area to be jointly
maintained.
(B)Until the Common Area on a Tract is initially improved,
it shall be planted so as to reduce dust and thereafter kept
mowed if necessary or otherwise maintained, free of debris., and
maintained so as to prevent erosion and present an attractive
appearance.
(C)The minimum standard of maintenance for the improved
Common Area shall be comparable to the standard of maintenance
followed in other first-class retail developments of comparable
size in the Minneapolis/St. Paul Metropolitan area.The
maintenance and repair obligation in any event shall include but
not be limited to the following:
(i)Maintaining all drive and parking areas in a
smooth and evenly covered condition including, without
limitation, cleaning, sweeping, restriping, repairing, and
resurfacing (using surfacing material and specifications of
a quality equal or superior to the original surfacing
material);
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(ii)Removing papers, debris, filth, refuse, ice and
snow, and sweeping the Common Area to the extent necessary
to keep the Common Area in a first-class, clean, and orderly
condition;
(iii)Placing, keeping in repair, and replacing
appropriate directional signs and markers;
(iv)Operating, keeping in repair, and replacing
appropriate parking lot lighting facilities;
(v)Maintaining all landscaped areas, repairing
automatic sprinkler systems and water lines, and replacing
shrubs and other landscaping as necessary;
(vi)Cleaning, maintaining, and repairing all
sidewalks; and
(vii)Storing all trash and garbage in adequate,
screened containers and providing for regular collection of
same.
(D)In the event any of the Common Area is damaged or
destroyed by any cause other than normal wear and tear, whether
insured or uninsured, during the term of this COREA, the Party
upon whose Tract such Common Area is located shall repair or
restore such Common Area at its sole cost and expense with all
due diligence; provided however, that no Party shall be required
to expend more than $250,000 (which amount shall be increased
annually at the rate by which the Consumer Price Index published
by the United States Department of Labor for the Minneapolis-
St. Paul metropolitan area for all wage earners, all items,
or equivalent index, has increased since the date hereof) in
excess of insurance proceeds which may be available for such
repair or restoration.Notwithstanding the foregoing, in the
event such damage or destruction of Common Area is caused in
whole or in part by another Party or third Person, the Party
obligated to make such repair or restoration reserves and
retains the right to proceed against such other Party or third
Person for indemnity, contribution or damages.
4.3 Building Improvements and Outside Sales
and Storage Areas.
(A)After completion of construction, each Party covenants
and agrees to maintain and keep the building improvements and
outside sales or storage area located on its Tract in first-
class condition and state of repair, in compliance with all
laws, rules, regulations, orders, and ordinances of any
governmental agency exercising jurisdiction thereover, and in
compliance with the provisions of this COREA.Each Party
further agrees to store all trash and garbage in adequate
containers, to locate such containers so that they are not
readily visible from the parking area, and to arrange for
regular removal of such trash or garbage.
(B)In the event any of the building improvements are
damaged by fire or other casualty (whether insured or not), the
Party upon whose Tract such building improvements are located
immediately shall remove the debris resulting from such event
and provide a sightly barrier and within a reasonable time
thereafter shall either (i)repair or restore the building
improvements so damaged, such repair or restoration to be
performed in accordance with all provisions of this COREA, or
(ii) erect other building improvements in such location,
provided all provisions of this COREA are complied with, or
(iii) demolish the damaged portion of such building improvements
and restore the area to an attractive condition in which event
the area shall be Common Area until a replacement building is
erected.Such Party shall have the option to choose which of
the aforesaid alternatives to perform, but such Party shall be
obligated to perform one of such alternatives.Such Party shall
give notice to each other Party within ninety (90) days from the
date of such casualty of which alternative it elects.
ARTICLE V
OPERATION OF THE SHOPPING CENTER
5.1 Uses.
(A)No part of the Shopping Center shall be.used for other
than retail sales, services, offices or for commercial purposes,
provided no more than twenty percent (20%) of the Floor Area on
any Tract may be used for office use.
Notwithstanding the foregoing, no use or operation shall be
permitted in the Shopping Center which is obnoxious to a first-
class retail shopping center.Without limiting the generality
of the foregoing, the following uses or operations shall not be
consistant with the concept of a first-class retail Shopping
Center:
(i)Any obnoxious odor, noise, or sound which can be
heard or smelled outside of any building in the Shopping
Center; provided any usual paging system shall be allowed.
(ii)Any operation primarily used as a warehouse
operation and any assembling, manufacturing, distilling,
refining, smelting, agricultural, or mining operation;
Any "second hand" store;
(iv)Any mobile home, trailer court, labor camp,
junkyard, or stockyard (except that this provision shall not
prohibit the temporary use of construction trailers during
periods of construction, reconstruction, or maintenance);
(v)Any dumping, disposing, incineration, or reduction
of garbage (exclusive of garbage compactors located in the
rear of any building);
(vi)Any fire sale, bankruptcy sale (unless pursuant to
a court order) or auction house operation;
(vii)Any central laundry, dry cleaning plant, or
laundromat; provided, however, this prohibition shall not be
applicable to on-site service oriented to pickup and
delivery by the ultimate consumer, including nominal
supporting facilities, as the same may be found in retail
shopping. districts in the metropolitan area where the
Shopping Center is located;
(viii)Any automobile, truck, trailer or R.V. sales,
leasing, display or repair, except an automotive service
facility shall be allowed on the Target Tract;
(ix)Any bowling alley;
(x)Any skating rink;
(xi)Any living quarters, sleeping apartments, or
lodging rooms;
(xii)Any veterinary hospital or animal raising
facilities (except that this prohibition shall not prohibit
pet shops);
(xiii)Any mortuary;
(xiv)Any establishment selling or exhibiting
pornographic materials;
(xv)Any bar., tavern, restaurant or other establishment
whose reasonably projected annual gross revenues from the
sale of alcoholic beverages for on-premises consumption
exceeds sixty percent (60%) of gross revenues arising out
of, or resulting from such business;
(xvi)Any theatre;
(xvii)Any flea market, amusement arcade, pool or
billiard hall, car wash, or dance hall.
(B)The following use and occupancy restrictions shall be
applicable to the Developer Tract:
(i)'The aggregate looor Area devoted to restaurant use or.
o5 /shall not exceed +0-400 square feet, nor shall any one
restaurant contain more than 5,000 square feet of Floor Area;
oc o9
(ii)Within the Building Area located immediately
adjacent to the Target Tract, no restaurant or health spa
shall be located within 100 feet of the Target Tract, and no
restaurant within the balance of such Building Area shall
exceed 4,000 square feet of Floor Area;
(iii)No toy store exceeding 5,000 square feet of Floor
Area shall be permitted;
(C)The name "Target" shall not be used to identify the
Shopping Center or any business or trade conducted on the
Developer Tract.
(D)No merchandise, equipment or services shall be
displayed, leased, sold, offered or stored within the Common Area
with the exception of (i) an orderly display of tires on the side
of the building located on the Target Tract but only if'it is
part of an automotive service operation; (ii) the storage of
shopping carts on the Target Tract; (iii) the seasonal display
and sale of bedding plants on the sidewalk in front of the
building located on the Target Tract, and (iv) the creation of an
-25-
outside sales or storage area within any Building Area if such area
is enclosed by a security fence or. similar enclosure and provided
that the number of square feet within such enclosure does not
exceed 20% of the amount of Floor Area on the Tract, it being
understood that so long as such "outside sales or storage area"
exists such area shall be excluded from Common Area.In addition,
no promotional activities will be allowed within the Common Area
without the prior written approval of each Party, such approval may
be withheld in the sole discretion of each Party.
(E)No Permittee shall be charged for the right to use the
Common Area.
(F)Each Party shall use its best efforts to cause the
employees of the Occupants of its Tract to park their vehicles
only on such Tract.
5.2 Lighting.
(A)After completion of the Common Area lighting system on
its. Tract, each Party hereby covenants and agrees to keep its
Tract fully illuminated each day from dusk to at.least thirty.
(30) minutes after the last.business operation on its Tract has
closed, and further agrees to keep any exterior building security
lights on from dusk until dawn.During the'term of this COREA,
each Party grants an irrevocable license to the other for the
purpose of permitting the lighting from one Tract to incidentally
shine on the adjoining Tract..
(B)It is recognized that business establishments within the
Shopping Center may be open for business at different hours, and
that the owner or principal Occupant of one Tract upon which a
business establishment is open later may wish to have the Common
Area lights on the other Tract continue to burn beyond the
required period.Accordingly, the owner or principal Occupant of
such Tract ("Requesting Owner") shall have the right, at any time
to require the owner or principal Occupant of the other
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Tract ("Requested Owner") to keep its Common Area lights on
until a later hour as stipulated by the Requesting Owner;
provided that the Requesting Owner notifies the Requested Owner
of such request not less than fifteen (15) days in advance.The
Requesting Owner shall state the period during which it wishes
the lights to be kept on to a later hour and shall nay to the
Requested Owner a prepayment deposit as follows:
1.If the period is less than thirty (30) days, then
the deposit shall be one hundred ten percent (110%) of the
reasonable cost (as estimated by the Requesting Owner) of
electrical power for such later hours to be incurred by the
Requested Owner.
2.If the period is greater than or equal to thirty
(30) days, then the deposit shall be one hundred ten percent
(110%) of the reasonable cost (as estimated by the Requestinq
Owner), of electrical power during the first thirty (301 days
of the period for such later hours to be incurred by the
Requested Owner.If the period is greater than thirty (30)
days, then the Requesting Owner shall renew such prepayment
deposit at the end of each thirty (30) day period.
The Requesting Owner agrees, by making the request for extended
hours of illumination by the other party, to pay one hundred ten
percent (110%) of the cost to the Requested Owner of electrical
power to provide such extra-hours illumination.If the Requested
Owner is of the opinion that the deposits made by the Requesting
Owner do not cover one hundred ten percent (110%) of such costs,
the Parties shall attempt to agree to the cost of such electrical
power and if they cannot do so, then the amount the Requestinq
Owner is obligated to pay shall be determined from the power
costs as estimated by the electrical utility company furnishing
such power, or if the utility fails to do so, by a reputable
engineer.Upon the failure of a Requesting Owner to pay the
aforesaid amount or renew a deposit as required hereby, the
Requested Owner shall have the right to discontinue such
additional lighting and to exercise other remedies herein
provided.Any such request for additional lighting may be
withdrawn or terminated at any time by written notice from the
Requesting Owner; and a new request or requests for changed hours
may be made from time to time.
(C)As an alternative to the process of lighting another's
Tract as set forth in (B) above, a Party ("Constructing Party")
may install, with the consent of the other Party ("Consenting
Party"), a secondary wiring system, from the Constructing Party's
Tract to the light standards on the Consenting Party's Tract,
which would permit a portion or all of the lighting on the
Consenting Party's Tract to be operated contemporaneously with
the lighting on the Constructing Party's Tract.All costs and
expenses associated with the installation, maintenance,
replacement, and operation of such secondary wiring, including
the cost of energy to light any portion of the Consenting Party's
Tract, shall be assumed and promptly paid by the Constructing
Party.The Constructing Party shall submit to the Consenting
Party appropriate plans and specifications for the installation
of such secondary wiring systems; the Consenting Party shall have
thirty (30) days to approve or disapprove of such submission,
such approval not to be unreasonably withheld.If the Consenting
Party does not disapprove of the submission within the 30-day
period, approval shall be deemed given; if disapproval is given,
the Constructing Party shall revise the submission to accommodate
the reasonable objections of the Consenting Party and then may
resubmit such plans and specifications to the Consenting Party
for its approval.
5.3 Signs.
No exterior identification signs shall be allowed within the
Shopping Center except as set forth hereinafter.
0
(A)Only one freestanding sign shall he permitted within the
Shopping Center which shall be constructed in the area designated.
on the Site Plan.The sign shall be used to identify Target and
the name of the Shopping Center.Each Party shall have the right
to approve the design and size of the freestanding sign,
provided, however, that Developer hereby approves the use by
Target of its standard prototype identification on the
freestanding sign.
Notwithstanding anything above to the contrary, each
Party shall be permitted to place within the Common Area located
on its Tract directional signs or informational signs such as
"Handicapped Parking", the temporary display of leasing
information and the temporary erection of one sign identifying
each contractor working on a construction job.
(B)Any Occupant occupying less than twenty-five thousand
(25,000) square feet of Floor Area,mav not have more than one (1)
identification sign placed on the exterior of the building it
occupies; provided however, that if any such Occupant is located
at the corner of a building, then such Occupant may have an
identification sign on each side of-such corner.Any Occupant
occupying at least twenty-five thousand (25,000) square feet of
Floor Area may have more than one identification sign placed on
the exterior of the building it occupies.
No exterior identification sign attached to a building
shall be,of the type set forth below:
(i)placed on canopy roofs extending above the building
roof, placed on penthouse walls, or placed so as to project
above the parapet, canopy, or top of the wall upon which it
is mounted;
(ii)placed at any angle to the building; provided,
however, the foregoing shall not apply to any sign located
under a sidewalk canopy if such sign is at least eiqht (8)
feet above the sidewalk;
-29-
painted on the surface of any huildinq.
No exterior sign shall identify leased departments,
concessionaires, products or services
(C)Neither exterior identification signs attached to
buildings nor freestanding signs shall he of the tune set forth
below:
(i)flashing, moving or audible signs;
(ii)signs emolovinq exposed raceways, exposed neon
tubes, exposed ballast boxes, or exposed transformers;
(iii)paper or cardboard signs,.temoorarv signs
(exclusive of contractor signs), stickers or decals;
provided, however, the foregoing shall not prohibit the
placement at the entrance of each Occupant's space a small
sticker or decal, indicating hours of business, emergency
telephone numbers, etc.-
5.4. Insurance.
(A)Developer'as to the Developer Tract and Target as to the
Target Tract shall maintain or cause to he maintained in full
force and effect Comprehensive General Liability insurance with a
financially responsible insurance company or companies licensed
in the state where the Shopping Center is located, with a minimum
Best's Rating of A:XV; such insurance to provide for a limit of
not less than Three Million Dollars (Sl,000,n00.n0) for bodily
injury or death to any one person, for a limit of not less than
Five Million Dollars (S5,n00,000.nn) for bodily iniurv or death
to any number of persons arising out of any one occurrence, and
for a limit of not less than One Million Dollars (Sl,n0n,nnn.nn)
in respect of any instance of property damage.Additionally,
such insurance shall include the following minimum requirements:
(i)Comprehensive General Liability coverage, including
Personal Injury Liability Insurance and Contractual Liability
Insurance;
(ii)shall provide coverage on an occurrence basis;
(iii)shall orovide that the oolicv may not he cancelled
or materially reduced in amount or coverage without at least
30 days prior written notice by the insurer to each of the
other Parties;
(iv)
insureds;
shall include the other Parties as additional
(v)shall orovide for severability of interests;
(vi)shall provide that an act or omission of one of the
insureds or additional insureds which would void or otherwise
reduce coverage, shall not reduce or void the coverage as to
the other additional insureds or the insured, resoecti.vely.
Such insurance shall specifically extend to the contractual
obligation of the insured Party arising out of the
indemnification obligations set forth in the next sentence.Each
Party ("Indemnitor") covenants and agrees to indemnify, defend
and hold harmless the other Party ("Indemnitee") from and against
all claims, costs, expenses and liability (including reasonable
attorney's fees and cost of suit incurred in connection with all
claims) including any action or proceedings brought thereon,
arising from or as a result of the injury to or death of, any
person, or damage to the property of any person or entity which
shall occur on the Tract owned by each Indemnitor, except for
claims caused by the negligence or willful act or omission of
such Indemnitee, its licensees, concessionaires, agents,
servants, or emolovees, or the agents, servants, or emolovees of
any licensee or concessionaire thereof.The parties agree to
review the minimum limits set forth above every ten (10) years
and further agree to adjust such limits if circumstances
warrant.Each Party shall furnish to any other Party requesting
the same evidence that the insurance described above is in full
force and effect and that the premiums therefor have been paid.
All policies of insurance carried by any Party pursuant hereto,
(i) shall name the other Parties as additional insureds, and (ii)
shall provide that the same may not be canceled or amended
without at least thirty (30) days' prior written notice being
given by the insurer to each of the other Parties.
(B)Effective upon the commencement of construction of
improvements, the constructing Party will carry or cause to be
carried, fire insurance with an extended coverage endorsement
with a financially responsible insurance company or companies
licensed in the state where the Shopping Center is located, with
a minimum Best's Rating of A:XV, in an amount at least equal to
eighty percent (80%). of the replacement cost (exclusive of the
cost of excavation, foundations, and footings) of the buildings
and improvements insured from causes or events which from time to
time are included as covered risks under standard insurance
industry practices within the classification of fire insurance
with an extended coverage perils endorsement,and specifically
against at least the following perils:loss or damage by fire,
windstorm, cyclone, tornado, hail, explosion,riot, riot
attending a strike, civil commotion, malicious mischief,
vandalism, aircraft, vehicle, smoke damage, and sprinkler
leakage.
Each Party (the "Releasing Party") hereby releases and waives
for itself and on behalf of its insurer, any other Party (the
"Released Party") from any liability for any loss or damage to
all property of such Releasing Party located upon any portion of
the Shopping Center, which loss or damage is of the type
generally covered by fire insurance with an extended coverage
endorsement, irrespective either of any negligence on the part of
-32-
the Released Party which may have contributed to or caused such
loss, or of the amount of such insurance required or actually
carried.Each Party agrees to use its best efforts to obtain, if
needed, appropriate endorsements to its policies of insurance
with respect to the foregoing release; it being understood,
however, that failure to obtain such endorsements shall not
affect the release hereinabove given.Each Party ("Indemnitor")
covenants and agrees to indemnify, defend and hold harmless each
other Party ("Indemnitee") from and against all claims asserted
by or through any Permittees of the Indemnitor's Tract for.any
loss or damage to the property of such Permittee located upon the
respective Indemnitor's Tract, which loss or damage is of the
type generally covered by fire insurance with an extended
coverage endorsement irrespective of any negligence on the part
of the Indemnitee which may have contributed to or caused such
loss.
(C)Prior to commencing any construction activities within
the Shopping Center, each Party shall obtain or require its
contractor to obtain and thereafter maintain so long as such
construction activity is occurring, at least the minimum
insurance coverages set forth below:
(i)Workers' Compensation - statutory limits
(ii)Employers Liability - $100,000
(iii)Comprehensive General and Comprehensive Auto
Liability as follows:
(a)Bodily Injury - $1,000,000 per occurrence
(b)Property Damage - $1,000,000 per occurrence
.(c)Independent Contractors Liability or Owner's
Protective Liability; same coverage as set forth in (a)
and (b) above;
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(d)Products/Completed Operations Coverage which
shall be kept in effect for two (2) years after
completion of work;
(e)"XCU" Hazard Endorsement, if applicable;
(f)"Broad Form" Property Damage Endorsement;
(g)"Personal Injury" Endorsements;
(h)"Blanket Contractual Liability Endorsement.
If the construction activity involves the use of another Party's
Tract, then the owner of such Tract shall be named as an
additional insured and such insurance shall provide that the same
shall not be canceled without at least thirty (30) days prior
written notice to the named insureds; it being understood that if
such insurance is canceled or expires then the constructing Party
shall immediately stop all work on or use of another Party's
Tract until either the required insurance is reinstated or
replacement insurance obtained.
(D)The insurance described above may be carried under (i)
an individual policy covering this location, (ii) a blanket
policy or policies which includes other liabilities, properties
and locations of such party, (iii) a plan of self-insurance,
provided that the party so self-insuring has and maintains
$40,000.,000 or more of net current assets as evidenced by such
party's annual report that is audited by an independent certified
public accountant, or (iv) a combination of any of the foregoing
insurance programs.To the extent any deductible is permitted or
allowed as a part of any insurance policy carried by a Party in
compliance with this Section 5.4, such Party shall be deemed to
be covering the amount thereof under an informal plan of self-
insurance; provided however, that in no event shall any
deductible exceed $50,000.00 unless such Party qualifies for
self-insurance pursuant to (iii) above.Each party further
agrees to furnish to any Party requesting the same a certificate -
of insurance evidencing that the insurance-required is in full
force and effect.
5.5 Taxes and Assessments.Each Party shall pay, or cause
to be paid prior to delinquency, all taxes and assessments with
respect to its Tract, the buildings, and improvements located
thereon and any personal property owned or leased by such Party
in the Shopping,Center, provided that if the taxes or assessments
or any part thereof may be paid in installments,the Party may
pay each such installment as and when the same becomes due and
payable, and, in any event, prior to the delinquency thereof.
Nothing contained in this subsection shall prevent any Party from
contesting at its cost and expense any such taxes and assessments
with respect to its Tract in any manner such Party elects, so
long as such contest is maintained with reasonable diligence and
in good faith; and at the time as such contest is concluded
(allowing for appeal to the highest court of appeals), the
contesting Party promptly pays all such taxes and assessments
determined to be owing, together with all interest, penalties and
costs thereon.
5.6 Liens.In the event any mechanic's lien is filed
against the Tract of one Party as a result of services performed
or materials furnished for the use of another Party,the Party
permitting or causing such lien to be so filed agrees to cause
such lien to be discharged prior to entry of final judgment
(after all appeals) for the foreclosure of such lien and further
agrees to indemnify, defend, and hold harmless the other Party
and its Tract against liability, loss, damage, costs or expenses
(including reasonable attorneys' fees and cost of suit) on
account of such claim of lien.Upon request of the Party whose
Tract is subject to such lien, the Party permitting or causing
such lien to be filed agrees to promptly cause such lien to be
released and discharged of record, either by paying the
0
indebtedness which gave rise to such lien or by posting bond or
other security as shall be required by law to obtain such release
and discharge.Nothing herein shall prevent a Party permitting
or causing such lien from contesting the validity thereof in any
manner such Party chooses so long as such contest is pursued with
reasonable diligence; and in the event such contest is determined
adversely (allowing for appeal to the highest appellate court),
such Party shall promptly pay in full the required amount,
together with any interest, penalties, costs, or other charges
necessary to release such lien.
ARTICLE VI
MISCELLANEOUS
6.1 Default.
(A)If any Party fails to comply with any provision herein
("Defaulting Party"), then any other Party ("Non-Defaulting
Party") at its option and with forty-five (45) days' prior
written notice may proceed to cure the default (and shall have a
license to do so) by the payment of money or other action for the
account of the Defaulting Party.The foregoing right to cure
shall not be exercised if within the forty-five (45) day notice
period (i)the Defaulting Party cures the default, or (ii)if
curable, the default cannot reasonably be cured within that time
period but the Defaulting Party begins to cure such default with
such time period and diligently pursues such action to
completion.The forty-five (45) day notice period shall not be
required if, using reasonable judgment,.the Non-Defaulting Party
deems that an emergency exists which requires immediate
attention.In the event of such an emergency, the Non-Defaulting
Party shall give whatever notice to the Defaulting Party as
reasonable under the circumstances.
(B)Within ten (10) days of written demand therefor
(including providing copies of invoices reflecting costs) the
Defaulting .Party shall reimburse the Non-Defaulting Party for any
-36-
0
sum reasonably expended by the Non-Defaulting Party due to the
default or in correcting the same, together with interest
thereon.
(C)In the event any Party shall institute any action or
proceeding against another Party relating to the provisions of
this COREA, or any default thereunder or to collect any amounts
owing hereunder, or an arbitration proceeding is commenced by
agreement of the Parties to any dispute, then and in such event
the unsuccessful litigant in such action or proceeding shall
reimburse the successful litigant therein for such costs and
expenses incurred in connection with any such action or
proceeding and any appeals therefrom, including attorneys' fees
and court costs.
(D)Any remedies in this Section 6.1 are cumulative and
shall be deemed additional to any and all other remedies to which
any Party may be entitled in law or in equity and shall include
the right to restrain by injunction any violation or threatened
violation by any Party of any of the terms, covenants, or
conditions of this COREA and by decree to compel performance of
any such terms, covenants, or conditions, it being agreed that
the remedy at law for any breach of any such term, covenant, or
condition (except those, if any, requiring the payment of a
liquidated sum)is not adequate.
6.2 Interest.Wherever and as often as one Party shall not
have paid any sum payable hereunder to another Party within five
(5) days of the due date, such delinquent Party shall pay
interest on such owed amount from the due date to and including
the date such payment is received by the Party entitled thereto,
at the lesser of:
(A)The highest rate permitted by law to be paid on such
type of obligation by the Party obligated to make such payment or
the Party to whom such payment is due, whichever is less; or
0
(B)3% per annum in excess of the prime rate from time to
time publicly announced by Norwest Bank, Minneapolis National
Association or its successor.
6.3 Estoppel Certificate.Each Party hereby severally
covenants that upon written request (which shall not be more
frequent than three (3) times during any calendar year) from time
9oG a3 to time of the other Party, it will issue to a prospective
Mortgagee of such other Party or to a prospective successor Party
to such other Party, an estoppel certificate stating:
(A)whether the party to whom the request has been directed
knows of any default by, the Requesting Party under this COREA,
and if there are known defaults, specifying the nature thereof;
(B)whether this COREA has been assigned, modified or
amended in any way by such Party (and if it has, then stating the
nature thereof);
(C)that to the Party's knowledge this COREA as of that date
is in full force and effect;
(D)Such statement shall act as a waiver of any claim by the
Party furnishing it to the extent such claim is based upon facts
contrary to those asserted in the statement and to the extent the
claim is asserted against a bona fide encumbrancer or purchaser
for value without knowledge of facts to the contrary of those
contained in the statement, and who has acted in reasonable
reliance upon the statement; however, such statement shall in no
event subject the Party furnishing it to any liability
whatsoever, notwithstanding the negligent or otherwise
inadvertent failure of such Party to disclose correct and/or
relevant information.
6.4 Notices.
All notices, demands, statements, and requests ("notice")
required or permitted to be given under this COREA must be in
writing and given, delivered or served, either by personal
delivery, prepaid express mail carrier with receipt or by prepaid
registered or certified mail, return receipt requested.Notices
shall be deemed properly given, delivered, served and received as
of. deposit as provided hereinabove with the appropriate carrier
or as of delivery i`f delivered personally; provided unless
evidence of delivery, inability to make delivery due to changed
address or refusal of delivery can be produced by the Party
making the deposit upon the request of the receiving Party any
time periods which run from receipt shall not be binding.The
address of the signatories to this COREA is set forth below.In
the event a Party shall encumber its Tract by a mortgage and
notice of such fact has been given to the Party issuing such
notice, demand, statement, or request, then a copy of any notice
of amounts due or notice of default directed to such mortgaging
Party shall also be sent to its mortgagee.
Target:Dayton-Hudson LCor oration
.1(5Et Target Stores-Rea lEstate
dx.4W Attn:Property Administration,CC-zcc,
P 0 x 1:19-2-
33 S. Sixth Street
Minneapolis, MN -55444
554102
tinmiraD f0 5WH 9
Developer:Ryan Construction rnmpany of J!e `3J
M 'f i r-I e
Suite 700
900 2nd Avenue South
Minneapolis, Minnesota 55402
Any Party shall have the right from time to time and at any time,
upon at least ten (10) days' prior written notice thereof in
accordance with the provisions hereof, to change its respective
address and to specify any other address within the United States
of America; provided, however, notwithstanding anything herein
contained to the contrary, in order for the notice of address
change to be effective it must actually be received; and further
provided such address may not be a post office box.
6.5 Consent to be Reasonable.Unless otherwise herein
provided, whenever approval is required of any Party, such
approval shall not be unreasonably withheld or delayed.Unless
provision is made for a specific time period, approval shall be
given or withheld within thirty (30) days of the receipt of the
request for approval.If any Party shall neither approve nor
disapprove within said thirty (30) day period, the Party shall be
deemed to have given its approval.If a Party shall disapprove,
the reasons therefor shall be stated.Except with respect to an
approval given by lapse of time, all approvals and disapprovals
shall be in writing.
6.6 Condemnation.In the event of a condemnation or a sale
in lieu thereof concerning a portion or all of the Shopping
Center, the award or purchase price paid for such taking shall be
paid to the Party owning such land so taken; it being the intent
of any other Party who might have an easement or other property
interest or right under this COREA in the land so taken, to
release and/or waive such property interest or right with respect
to such award or purchase price; provided, however, such other
Party shall have the right to seek an award or compensation for
the loss of its easement right to the extent such award or
compensation paid or allocated for such loss does not reduce or
diminish the amount paid to the Party owning such land.
Notwithstanding the above, this Section 6.6 is not intended to
alter any other agreement which may exist between the owner of
the land so taken and any person having an interest in said land
pursuant to other contractual relationships.
-40-
6.7 Binding Effect.The terms of this COREA and all
easements granted by this COREA shall constitute covenants
running with, and be appurtenant to and run with the land
affected.All terms and easements shall inure to the benefit of
and be binding upon the signatories hereto and their respective.
successors and assigns who become Parties to this COREA to the
extent they have an interest in the benefited or burdened land.
This COREA is not intended to supersede, modify, amend, or
otherwise change the provisions of any prior instrument affecting
the land burdened hereby.
6.8 Singular and Plural.Whenever required by the context
of this COREA, the singular shall include the plural, and vice
versa, and the masculine shall include the feminine and neuter
genders, and vice versa.
6.9 Counterparts and Signature Pages.This COREA may be
executed in several counterparts, each of which shall be deemed
an original; further, the signature of the Parties to this COREA
may be executed and notarized on separate pages, and when
attached to this COREA shall constitute one complete document.
6.10 Negation of Partnership.None of the terms or
provisions of this COREA shall be deemed to create a partnership
between or among the Parties in their respective businesses or
otherwise, nor shall it cause them to be considered joint
venturers or members of any joint enterprise.Each Party shall
be considered a separate owner, and no Party shall have the right
to act as an agent for another Party, unless expressly authorized
to do so herein or by separate written instrument signed by the
Party to be charged.
6.11 Not a Public Dedication.Nothing herein contained shall
be deemed to be a-gift or dedication of any portion of the
Shopping Center or of any Tract or portion thereof to the general
public, or for any public use or purpose whatsoever.Except as
herein specifically provided, no right, privileges or immunities
of any Party hereto shall inure to the benefit of any third-party
Person, nor shall any third-party Person be deemed to be a
beneficiary of any of the provisions contained herein.
6.12 Excusable Delays.Whenever performance is.required of:
any Party hereunder, that Party shall use all due diligence to
perform and take all necessary measures in good faith to perform;
provided, however, that if completion of performance shall be
delayed at any time by reason of acts of God, war, civil
commotion, riots, strikes, picketing, or other labor disputes,
unavailability of labor or materials or damage to work in
progress by reason of fire or other casualty or causes beyond the
reasonable control of a Party, then the time for performance as
herein specified shall be appropriately extended by the amount of
the delay actually so caused.The provisions of this section
shall not operate to excuse any Party from the prompt payment of
any monies required by this COREA.
6.13 Severability.Invalidation of any of the provisions
contained in this COREA, or of the application thereof to any
person by judgment or court order shall in no way affect any of
the other provisions hereof or the application thereof to any
other person and the same shall remain in full force and effect.
6.14 Amendments.This COREA may be amended by, and only by,
a written agreement which shall be deemed effective only when
recorded in the county and state where the Shopping Center is
located and executed by the Parties owning the Target Tract.and
Developer Tract.No consent to the amendment of this COREA shall
ever be required of any Occupant or Person other than the
Parties, nor shall any Occupant or Person other than the Parties
have any right to enforce any of the provisions hereof.
6.15 Captions and Capitalized Terms.The captions preceding
the text of each article and section are included only for
convenience of reference.Captions shall be disregarded in the
-42-
construction and interpretation of the COREA.Capitalized. terms
are also selected only for convenience of reference and do not
necessarily have any connection to the meaning that might
otherwise be attached to such term in a context outside of this
COREA.
6.16 Minimization of Damages.In all situations arising out
of this COREA, all Parties shall attempt to avoid and minimize
the damages resulting from the conduct of any other Party.Each
Party hereto shall take all reasonable measures to effectuate the
provisions of this COREA.
6.17 COREA Shall Continue Notwithstanding Breach.It is
expressly agreed that no breach of this COREA shall (i) entitle
any Party to cancel, rescind or,otherwise terminate this COREA,
or (ii) defeat or render invalid the lien of any mortgage or deed
of trust made in good faith and for value as to any part.of the
Shopping Center.However, such limitation shall not affect in
any manner any other rights or remedies which such Party may have
hereunder by reason of any such breach.
6.18 Time.Time is of the essence of this COREA.
6.19 Non Waiver.The failure of either party to insist upon
strict performance of any of the terms, covenants or conditions
hereof shall not be deemed a waiver of any rights or remedies
which that Party may have hereunder or at law or equity and shall
not be deemed a waiver of any subsequent breach or default in any
of such terms, covenants or conditions.
ARTICLE VII
TERM
7.1 Term of this COREA.This COREA shall be effective as of
the date first above written-and shall continue in full force and
effect until 11:59 p.m. on December 31;-29--; provided, however,
aoaS
.DOC'.'- /g'GL -
-43-
with respect to the easements referred to in 2.1(B), 2.2 and 2.3
hereof which are specified as being perpetual or as'continuing
beyond the term of this COREA, such easements shall survive the
termination of this COREA as provided in such Sections.Upon
termination of this COREA, all rights and privileges derived from
and all duties and obligations created and imposed by the
provisions of the COREA, except as contained or to be contained
within the easement agreements mentioned above, shall terminate
and have no further force or effect; provided, however, that the
termination of this COREA shall not limit or affect any remedy at
law or in equity of any Party against any other Party with
respect to any liability or obligation arising or to be performed
under this COREA prior to the date of such termination.
IN WITNESS WHEREOF, the Parties have caused this COREA to be
executed effective as of the day and year first above written.
RYAN CONSTRUCTION COMPANY OF
MINNESOTA, INC.
("Developer")
DAYTON-HUDSON CORPORATION
Name (T.QR/Name'Jack D. Fontaine/r. Wee P, viden!Title y.ea /es/,E.4/%Title 7araet.Stores
ATTEST:
By By.
Name Name William P.Hise
nt creta ryTitleTitle
0
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
On this the 12th day of June, 1985, before me, a Notary Public
within and for said County, personally appeared Jack D. Fontaine
and William P. Hise, to me personally known, being each by me duly
sworn, did say that they are respectively the Senior Vice
President, Target Stores Division and Assistant Secretary of
Dayton-Hudson Corporation, and that said instrument was signed in
behalf of said corporation by authority of its Board of Directors
and Jack D. Fontaine and William P. Hise acknowledged said
instrument to be the free act and deed of said corporation.
NNbtary Public
SYLVIA
I.
HEIKKILANSYLVJPUBLICMINNESOTA
HENNEPIN COUNTY
MY comminion expire. Nov. 20, 1987
STATE OF MINNESOTA).
)ss.
COUNTY OF HMEPIN)
On this the 12th day of June, 1985, before me, a Notary Public within and
for said County, personally appeared Timothy M. Gray,to me personally known,
being by me duly sworn, did say that he is respectively the Vice President,of
Ryan Construction Company of Minnesota, Inc.,a Minnesota corporation, and that
said instnunent was signed on behalf of said corporation by authority of its Board of
Directors and TTh thy M.. Gray acknowledged said instrl.unent to be the free act and
deed of said corporation.
n
JUDY A. HERMANSON
NOTARY PUBLIC MINNESOTA
HENNEPIN COUNTY
My Commission Expires Aug. 6, 1988
0
Exhibit A
TARGET TRACT
Lot 2, Block 1, Shingle Creek Center, according to the recorded
plat thereof on file and of record in the office of the Registrar
of Titles, Hennepin County, Minnesota.
EXNibi A
#3/-EXAzBC
Exhibit B
DEVELOPER TRACT
Lot 1, Block 1, Shingle Creek Center, according to the recorded
plat thereof on file and of record in the office of the Registrar
of Titles, Hennepin County, Minnesota.
#3/-EXBzBC ExUic3a a
EXHIBIT C
SUBMISSION GUIDELINES
1.During the conceptual design phase, the constructing party
shall submit to the other parties the following:
A.Site Design Documents to Indicate the Following:
o Parking configurations and car parking count
o Typical bay width and stall dimensions
o
o
o
o
Drive widths
Setbacks
Curb cuts
Spot elevations or rough ontours
o
o
Rough landscape scope
Lighting pole locations
o Preliminary utility strategies
B.Building Design Single Line Plans to Indicate the
Following:
o Exterior wall configuration
o Doors and store front extent
o Canopies and overhangs
o Probable column locations at exterior and abutting
our building on interior
C.Exterior Elevation Drawings to Indicate the Following:
o Opaque wall areas with doors and store fronts
2.After approval has been granted of conceptual design phase
submitted in accordance with the guidelines specified in 1
above, the constructing party shall submit final design phase
plans to the other parties as follows:
Exit ;t C
-1-
A.Site Design Documents Delineating Information Outlined
in the Concept Phase with the Following Added Detail:
o Refined grading plans
o Selected lighting fixtures and resultant lighting
levels in foot candles
o Landscaping showing generic planting materials and
locations
o Proposed paving section designs and location
Utility layouts including hydrants and sizes
proposed
o Proposed details for curbs, site structures,
manholes, etc.
o Proposed site signage designs and locations
B.Building Design Plans Delineating Information Outlined in the
Concept Phase with the Following Added Detail:
o Exterior wall thicknesses
o Structural columns or bearing walls at building
exterior and proposed foundation design at
adjoining wall between abutting buildings
o Where common footings are to be shared provide wall
or column load information for design of that
footing
o Proposed roof plan showing slopes and location of
penthouses or other major mechanical equipment
o References of key flashing details of roof to
adjoining building
C.Exterior Elevation Drawings Delineating Information Outlined
in the Concept Phase with the Following Added Detail:
o Proposed building sign standards
o Paint color chips and samples of other materials
such as brick or concrete aggregates (glass or
aluminum finishes may be annotated on the
elevations)
0
o Proposed large scale details of key section
conditions to show exterior design intent
o Major penthouses or rooftop equipment profiles
o Features such as special masonry patterns, bands or
special materials and textures
o Rain leaders or scuppers
o Wall sections at various exterior locations
including at the demising wall to the adjoining
building with key vertical dimensioning
3.If a building is.to have a through-the-wall pedestrian access
connection to an adjoining building, then the final design
phase submission shall also include (to the owner of such
adjoining building) the following:
o Plans of the pedestrian mall circulation showing
any variations in floor elevations
o Elevations/sections of the proposed mall space
showing store front sign bulkheads and key
dimensions
o Proposed ceiling design including special features
such as variations in height or skylights
o Floor material patterns
o Landscaping and mall seating areas
o Proposed interior sign guidelines
o Paint color chips and samples of other materials
such as brick or concrete aggregates (glass or
aluminum finishes may be annotated on the plans or
elevations)
o Proposed large scale details of key section
conditions to show interior design intent
4.The constructing party shall provide the other parties with a
complete set of bid documents for the building and/or
improvements to be located upon its Tract.
GEtir-IAL tiOrES=
Fc HP SoauV PACL'fLLCl LOT uc,Hr6 035' HIyH POLE TO IntET city Ct ICE 1c.c re
IRF14Anoa 6T6rEV1 I, -LL (CE
PcOVIOEO F L G A0vs 1 --pa AFEA6.
Ea.InFE Tnro r/CETAIL 4 E.E6TAURAUr eUILOILLCS5
HeuL.L HAVE,NF-PA--TT
PAPA-IWV LITIs1AU OOLILEVAACO, AHO <+R6Li-1 OTHPS ARE
TO 3E al.u.LO`ST 54/TO Cot-C.. cua.C TYPICAL,
SITE SIZE: 565, LL4 Cl = 13.432, ACKF ,
Site Information
RETAIL
Total retail:139,160 s.f.
PARKING REAU IREMENTS 004 460826
at 1000 f 11/1000 f. x 1 -010508
tpoA Ef,80 15,000 s!.f x 14m 112
f,to
00,ATTLe f30,0uS
s.f .A4 f. x
15 90
--'SOTA1 CARS T1i
,:R SET T
706 amass, / 4850 s.f.
IRS 66001600005 FOR RESTAURARI
7 spsoe / 2 seats (120 to ts)
I aapce J 2 atsplgiles 12 enpl-yeas)
TOTAL PARKING'NlC90E0
Retail:814 c800,
Restaurant:86
4-Of -0 Nft-e, B4 cars
PAI-YJS14. Re5'L.9 =Ll eL1O:: CEO cAYfS
AVISIONS
60 cars
66
buildersas- as -as
e -developers
ripo 0
Creek
DEyLOPER/TRA
I I I I1 designers
Scale- 1'= 50'
PPoI Shingle Creek SNEETNO.
Cent r_uBrooklynCant alfTnnijot -OF:
SHEET
TITLE:Site Plan Jos NO.
DATE: JAI.). 51jL$5
EXHIBIT X
L-4-86 C
L -G -89
7-a'io £Rco,t t y,u
-P7 LLC
1651179//fR!GtSfERED YDL 2j j PA s.ct 4907
Q
,4
ReCtSfERED I2M.c21
(1 Pnrc=CC,Ff
OFF" OF THE REGISTRAR
OF TITLES
HENNEPIN COUNTY.MINNESOTA--.
CERTIFIED FILED ON
JUN 1
Ite
31985,1
dl
REGISTRAR OF RILES
DEPUTY
Brooklyn Village's, LLC
Innovation
& Catalyst
Center
(ICC)
Project Overview
ACER, in partnership with the Ignite Businesswomen Investment
Group Cooperative (IBWIG), two Black women-led organizations
based in the Brooklyns, MN, have formed the Brooklyn Village's,
LLC to purchase, own and operate a retail mall in Brooklyn Center.
The site will house ACER’s offices, existing tenants, and some 27
businesses from the IBWIG's membership.
ACER will move from two suites it currently leases in Brooklyn
Center to a unit in the building. ACER will operate programs and
services at the property, including the Business Resource Center,
which will provide onsite small business technical assistance,
resources, and workforce programming, in partnership with
COPAL and HIRED to tenants and the broader Brooklyn Center and
Northwest Suburbs community.
Brooklyn Village's, LLC will retain the site's current property
management company, Atlas Commercial Real Estate, to oversee
building operations, maintain the property, and collect rent from
and engage tenants.
6000 & 6050 Shingle Creek Parkway (SCP), Brooklyn Center, MN 55430
Purchase Price: $5.2 million
Estimated Closing Costs: $270,000
Working Capital Reserve: $53,000
Total Acquisition Cost: $5,523,000
Property Description:
Property Description: The Shingle Creek Center
Sources Amount Type Status
ACER $159,000 Equity Committed
IBWIG $160,000 Equity Committed
Foundation $300,000 Grant Committed
Bridge
Financing
$4,904,000 Loans In-Progress
Total $5,523,000
State of MN
(Pay down loans
$3,921,463 Grant Committed
Outstanding
Debt
$982,537
LLCD
TOD
Grant
Requesting
with City of
Brooklyn
Center
Two commercial buildings on 4.4 acres
6000 SCP 8,261 SF on 1.6 acres
6050 SCP 33,094 on 2.8 acres
Total 41,355 SF for both buildings
18 total leasable units
39,178 SF of gross leasable space
The site is located next to a 120,000-
square-foot former Target site on 9.5
acres
1
Council/E D A Work
S ession
City Hall Council Chambers
S eptember 25, 2023
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.T HC P roducts in City L iquor S tores
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
I nterveners I mpact
Revisit Resolution 2021-73
C ouncil/E DA Work Session
DAT E:9/25/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :A ngela H olm, F inance D irector
BY:Tom A gnes , L iquor O pera,ons M anager
S U B J E C T:T H C P roducts in C ity L iquor S tores
Requested Council A con:
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
C ouncil/E DA Work Session
DAT E:9/25/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:D r. Reggie Edwards, City Manager
S U B J E C T:U pcoming I tems
Requested Council A con:
Memorial Policy
S pecial A s s essment Policy/F ranchise Fees (referred to F inancial C ommission)
Beau0fica0on and P ublic A rt C ommis s ion
Liquor S tore 2
O rganiza0onal Chart-Budget work ses s ions
New and Repeat Type I V Rental Licens e Review (referred to H ousing C ommission)
Food Truck O rdinance/Licens e
Emerald A s h Borer Policy Review (referred to Park & Rec C ommission November)
O pioid S e;lement
A R PA F unds
G rants: Revenues & Expens es
P urchasing Policy
I nterveners I mpact
Revis it Resolu0on 2021-73
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values: