HomeMy WebLinkAbout11-27-23 CCPCouncil Executive
S ession
City Hall Council Chambers
November 27, 2023
AGE NDA
[The C ity Counc il may elect to meeting in closed Exec utive S ession under the attorney-c lient privildge
to discuss pending litigation - Minn. Stat. Section 13D.05, subd. 3(b)]
1.Call to Order
2.Roll Call
Items
3.Closed Session Council - Attorney Discussion
- City Council need to hold a Closed Session for the purpose of having an
attorney-client privileged discussion with the City's attorneys pursuant to
Minnesota Statutes, section 13D.05, subdivision 3(b) regarding PFAS.
4.Reconvene E xecutive Session M eeting
5.Adjourn
Council Study Session
City Hall Council Chambers
November 27, 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
November 27, 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:
10/23/23 Study Session
10/23/23 Regular Session
11/13/23 Study Session
11/13/23 Regular Session
11/13/23 Work Session
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.Resolution Declaring a P ublic Nuisance and Ordering the Removal of
Diseased Trees at Certain Properties in B rooklyn Center, Minnesota
- Motion to approve a resolution declaring a public nuisance and ordering
the removal of diseased trees at certain properties as listed in the
resolution.
d.Resolution Declaring a P ublic Nuisance and Ordering the Removal of Dead
Trees at Certain P roperties in Brooklyn Center, Minnesota
- Motion to approve a resolution declaring a public nuisance and ordering
the removal of dead trees at certain properties as listed in the resolution.
e.Resolution A uthorizing the S ubmittal of a Pedestrian Facilities Application
T hrough the Metropolitan Council’s 2024 Regional S olicitation Grant Process
- Motion to approve a resolution authorizing the submittal of a Pedestrian
Facilities application through the Metropolitan Council’s 2024 Regional
Solicitation grant process.
f.Resolution A ccepting Work Performed and Authorizing Final P ayment,
Connections I I S hingle Creek, Project No. 2021-22
- Motion to approve a resolution accepting work performed and authorizing
final payment, for Improvement Project No. 2021-22, Connections II
Shingle Creek Restoration Project.
g.Resolution Denying P lanning Commission Application No. 2023-007
Regarding a S ite and Building P lan at 7100 B rooklyn Boulevard
- Motion to adopt a resolution for denial of Planning Commission
Application No. 2023-007, submitted by 7100 Brooklyn Blvd L L C that
would allow for the conversion of a former credit union and office building
to a 17-unit multi-family residential building and related improvements at
7100 Brooklyn Boulevard, and based upon the submitted findings of fact.
h.Resolution A pproving Change Order Nos. 1-3, Accepting Work P erformed
and A uthorizing F inal Payment, P roject No. 2022-09, L ift Station No. 4
Rehabilitation P roject
- Motion to approve a resoluti on Approving Change Order Nos. 1 - 3 and
Accepting Work Performed and Authori zing Final Payment, Improvement
Project No. 2022-09, Lift Station 4 Rehabilitation Project.
7.P resentations/Proclamations/Recognitions/Donations
a.Workforce Development Update
- The Workforce Development staff will provide an update on the current
and planned workforce development programs, which serve both Brooklyn
Park and Brooklyn Center.
8.P ublic Hearings
a.Charter A mendment
- Motion to Approve the First Reading of an Ordinance Amending the
Charter Regarding Grant Policy
9.P lanning Commission Items
10.Council Consideration Items
a.Resolution A pproving a Payment Plan and an A mendment to the Commercial
L ease Agreement with P hu Bia L imited L iability Company for Property
L ocated at 1350 Shingle Creek Crossing
- Motion to approve a resolution approvi ng a payment plan and an amendment to
the commerci al lease agreement wi th Phu Bi a Limited Liabi li ty Company for
property located at 1350 Shingl e Creek Crossi ng.
11.Council Report
12.Adjournment
C ouncil R egular M eeng
DAT E:11/27/2023
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:
10/23/23 S tudy S ession
10/23/23 Regular S ession
11/13/23 S tudy S ession
11/13/23 Regular S ession
11/13/23 Work S ession
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee5ngs 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 escrip5on U pload D ate Type
10.23 S tudy S es s ion 11/20/2023 Backup M aterial
10.23 Regular S ession 11/20/2023 Backup M aterial
11.13 S tudy S es s ion 11/21/2023 Backup M aterial
11.13 Regular S ession 11/21/2023 Backup M aterial
11.13 Work S es s ion 11/21/2023 Backup M aterial
10/23/23 -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
OCTOBER 23, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at
6:05 p.m.
ROLL CALL
Mayor April Graves, Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal and
Support Services Angela Holm, Director of Public Works Elizabeth Heyman, Community
Development Director Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Police
Chief Kellace McDaniel, Director of Community Prevention, Health and Safety LaToya Turk,
Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Jerzak inquired about the discussion of the proposed Public Safety Act Meeting
dates prior to the proposed resolution adoption of the traffic stop and consent search policies.
Mayor Graves noted that the dates are focused on the permanent advisory committee rather than
the resolution.
Councilmember Jerzak noted that he believes there was a misunderstanding as it was his
impression the resolution would be reviewed before discussing the passing of it.
Mayor Graves stated she didn’t believe it was the best use of time to go over the Daunte Wright
and Kobe Dimock-Heisler Community Safety & Violence Prevention Act line by line. Some of
the items have already been implemented. The fifth item from the Daunte Wright and Kobe
Dimock-Heisler Community Safety & Violence Prevention Act has not been implemented, so staff
has put together recommendations based on the recommendations of the Implementation
Committee regarding traffic stop and consent search policies.
Councilmember Jerzak noted his understanding was the Council needed to discuss the second item
as well. Mayor Graves stated there could be more discussion on the second item of the Act, but it
won’t change the recommendations the Council has already received.
10/23/23 -2- DRAFT
Councilmember Lawrence-Anderson stated she hasn’t received a document from the League of
Minnesota Cities and the City Attorney to ensure Brooklyn Center is in compliance with
everything. She pointed out she was also under the impression the Council would meet with the
Implementation Committee before voting on anything. Also, the Council hasn’t heard anything
from the Police Chief on the traffic stops and consent searches.
Mayor Graves stated Police Chief Kellace McDaniel presented on consent searches and traffic
stops with Director of Community Prevention, Health and Safety LaToya Turk a few months ago,
which accounted for the staff presentation. Dr. Edwards confirmed staff was instructed to return to
Council with a policy reflecting the staff recommendations made during the presentation by Chief
McDaniel and Ms. Turk, which is Council Consideration Item 10. Resolution Directing the
Adoption of Traffic Stop and Consent Search Policies for the Brooklyn Center Police Department
on the Regular Session agenda.
Councilmember Lawrence-Anderson requested the two policies be separated for voting
consideration. Mayor Graves asked Dr. Edwards why the policies were in one motion when it was
the recommendation of staff to have two separate policies.
Dr. Edwards stated there are two separate policies, but there is one resolution to adopt the two
policies. Mayor Graves asked if the Council only wanted to approve one of the policies. Dr.
Edwards stated the resolution can be separated if that is the preference of the Council.
Councilmember Jerzak pointed out that the Council isn’t allowed to talk about the settlement
related to the Daunte Wright and Kobe Dimock-Heisler Community Safety & Violence Prevention
Act. He asked how that can be reconciled with the policies.
Dr. Edwards stated the Daunte Wright and Kobe Dimock-Heisler Community Safety & Violence
Prevention Act came before the settlement, so the settlement is not the final decider on the outcome
of the Daunte Wright and Kobe Dimock-Heisler Community Safety & Violence Prevention Act.
There are separate decisions made for each document.
Councilmember Lawrence-Anderson noted the Council hasn’t discussed the consent search and
traffic stops as a body. Mayor Graves stated they discussed the topic after the staff presentation.
Councilmember Lawrence-Anderson stated there are some aspects of each policy she is
uncomfortable with. Mayor Graves stated the Council can discuss the policies after the
presentation on the agenda.
Mayor Graves explained the Council has received a presentation from the Implementation
Committee and had a discussion, received a presentation from staff and had a discussion, and will
receive another staff presentation. Also, each Councilmember has had the opportunity to review
the policies and meet with Staff on their own time.
10/23/23 -3- DRAFT
Councilmember Lawrence-Anderson pointed out that two members of the Council didn’t vote on
the Daunte Wright and Kobe Dimock-Heisler Community Safety & Violence Prevention Act
originally and have requested to review the document.
Mayor Graves asked why the Daunte Wright and Kobe Dimock-Heisler Community Safety &
Violence Prevention Act is more important than the subsequent policies. Councilmember
Lawrence-Anderson stated the policies are a product of the Daunte Wright and Kobe Dimock-
Heisler Community Safety & Violence Prevention Act. The traffic stops and consent searches are
part of the Daunte Wright and Kobe Dimock-Heisler Community Safety & Violence Prevention
Act, and all stakeholders need to be in consensus.
Mayor Graves stated Councilmember Lawrence-Anderson could make a motion to remove the
item from the agenda if she wished.
Councilmember Jerzak stated not all parties have had everyone at the table and had a robust
discussion. There needs to be consensus in order for there to be buy-in. It is unsettling to be forced
into a vote that he is uncomfortable with.
Mayor Graves stated she thought the Council was ready to vote on it. She asked who else the
Council wants to hear from. Councilmember Jerzak stated he wants to hear from law enforcement
about any hesitations they have, particularly from the Police Chief.
Dr. Edwards pointed out Chief Kellace will be presenting Council Consideration Item 10.
Resolution Directing the Adoption of Traffic Stop and Consent Search Policies for the Brooklyn
Center Police Department on the Regular Session agenda.
Mayor Graves stated the item about the traffic stops and consent searches is on the agenda, and it
is the policy that public commenters don’t comment on Council Consideration Items from the
agenda. She asked the Council for their opinion on waiving the policy for the evening.
Councilmember Lawrence-Anderson stated she isn’t opposed to public comment as long as there
are time restrictions. She noted her preference for removing the item from the agenda due to the
lengthy agenda.
Councilmember Jerzak noted his agreement with Councilmember Lawrence-Anderson. Council
Consideration Item 10. Resolution Directing the Adoption of Traffic Stop and Consent Search
Policies for the Brooklyn Center Police Department on the Regular Session agenda deserves robust
discussion.
Councilmembers Butler and Kragness agreed they were open to public comment on the item.
Councilmember Kragness added she would have liked more information on Council Consideration
Item 10. Resolution Directing the Adoption of Traffic Stop and Consent Search Policies for the
Brooklyn Center Police Department on the Regular Session agenda and would like to hear directly
10/23/23 -4- DRAFT
from the Police Chief. As it stands, she is not comfortable voting on the item with the current
information available to her.
Mayor Graves pointed out the staff recommendations have been reviewed and approved by the
Police Chief. Councilmember Kragness stated she hasn’t heard directly from the Police Chief ,
although he did co-present previously.
Mayor Graves stated she wants to keep the item on the agenda as it is the same set of staff
recommendations just in policy form. The Police Chief has already presented the item, and the
Council has already had opportunities to ask questions of the Police Chief, both at the
aforementioned presentation and outside of Council meetings. She asked what questions remain
unanswered for the rest of the Council.
Councilmember Lawrence-Anderson stated the Council has not discussed the different types of
traffic stops nor the conflicting language with the settlement the Council is unable to openly
discuss. Mayor Graves pointed out, as did Dr. Edwards, that the settlement is separate from the
Daunte Wright and Kobe Dimock-Heisler Community Safety & Violence Prevention Act.
Councilmember Lawrence-Anderson stated she has read the settlement and understands its
differences from the Daunte Wright and Kobe Dimock-Heisler Community Safety & Violence
Prevention Act. However, the language used in the proposed policies is different from the language
used in the settlement.
Councilmember Jerzak stated he wants to hear directly from the Chief that police officers have
provided input into the policies and are committed to the process. He wants to hear the information
from Chief Kellace alone without a co-presenter. Councilmember Jerzak stated he wants the
policies to pass, but he cannot make a well-informed decision without hearing the potential
concerns of the parties who will enforce the policies.
Mayor Graves asked if the Council could table the item after the planned presentation. City
Attorney Jason Hill confirmed the item can be tabled after the presentation and prior to any vote
approving or opposing the item.
Mayor Graves noted it was the consensus of the Council to allow public comment regarding
Council Consideration Item 10. Resolution Directing the Adoption of Traffic Stop and Consent
Search Policies for the Brooklyn Center Police Department. She stated the public comment period
would begin at 6:30 p.m. to allow for more commenters.
ADJOURNMENT
Mayor Graves called for a brief recess prior to the Regular Meeting. Hearing no objection, Mayor
Graves adjourned the Study Session at 6:26 p.m.
10/23/23 -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
OCTOBER 23, 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 6:33 p.m.
ROLL CALL
Mayor April Graves, Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal and
Support Services Angela Holm, Director of Public Works Elizabeth Heyman, Community
Development Director Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Police
Chief Kellace McDaniel, Director of Community Prevention, Health and Safety LaToya Turk,
Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
Mayor April Graves opened the meeting for an Informal Open Forum.
Lori B. stated research has shown consent searches are not beneficial. She explained her two sons
are of driving age and have similar demographics as Duante Wright and Kobe Dimock-Heisler.
Complying with law enforcement doesn't ensure safety for people of color. She read a poem about
taking other people's perspectives into consideration and violence against people of color,
particularly at the hands of law enforcement.
Amity D. thanked the Council for allowing for comments on traffic stops and consent searches. A
majority of people supported the initial passing of the Daunte Wright and Kobe Dimock-Heisler
Community Safety & Violence Prevention Act. People from all over applauded Brooklyn Center
and its efforts. In the time since then, many parties have wasted their time and been met with
barriers by the City. The Council cannot say they don't have enough information after two years
of discussions and presentations. She encouraged the Council to approve the proposed policies as
the City cannot continue to shut down the Dimock family, the Wright family, and the Brooklyn
Center community.
John T. noted his best friend, Philando Castille, was murdered in 2016 by law enforcement, and
there was a community response asking for change. However, the same things keep happening
even in 2021 with Duante Wright. Kim Potter has already gotten out of jail, but the City hasn 't
10/23/23 -2- DRAFT
made any significant changes. He addressed Councilmembers Lawrence-Anderson and Jerzak and
noted he remembered who pointed out Emmett Till and who hung him.
Katie W. pointed out she was optimistic coming into the meeting. However, the discussion by the
Council during the Study Session was discouraging. The Implementation Committee has done
immense work and research in recent years. They have answered every question asked of them
while maintaining their full-time jobs and lives. Even the new Councilmembers cannot claim they
don't know what's happening in the community.
Katie W. listed several people of color who have been murdered by law enforcement during traffic
stops. She stated that there should be more than enough information for the Council to make a
change.
Toshira G. shared a story of a loved one's experience with St. Paul law enforcement in 2009. The
person is a man of color named Justin Teigen, who was brutally beaten by law enforcement and
found in a dumpster. Katie Wright and Amity Dimock lost their sons but still dedicated time to the
Implementation Committee and making changes in the community. She called for the Council and
Staff to consider the Black men of color in each of their lives that could be the next Duante Wright
or Kobe Dimock-Heisler.
Michelle G. introduced herself as the president of Communities United Against Police Brutality
and stated the organization sent a letter to the Council. She noted that following up on such
emotional commentary is difficult but would stick to policy recommendations. As for the consent
search policy proposal, it must be noted that asking for a consent search means that there isn 't
probable cause. However, law enforcement is not on equal footing as the people they are asking
consent from, which doesn't make it legitimate consent.
Michelle G. pointed out that the Brooklyn Center Police Department is the deadliest law
enforcement entity in the State based on its size. The Minnesota Department of Human Rights
decree with Minneapolis bans consent searches. The consent decree also bans equipment stops
entirely.
Zoe C. noted she had been stopped for driving while Black multiple times. Her car is tinted and is
stopped regularly for that as well. It is insulting to see Brooklyn Center moving backward rather
than forward. She added the police need to be educated on how to interact with people of color
rather than the other way around.
Julie B. explained when she applied to be part of the Implementation Committee; she had no idea
how long the process would take. It took extensive research, collaboration, time, and discussions
to develop a response everyone could support.
Councilmember Butler returned to the meeting at 7:00 p.m.
Julie B. pointed out everyone wants to be safe in the community. One way is to decrease
interactions between law enforcement and the public, particularly with traffic stops. The
10/23/23 -3- DRAFT
Implementation Committee has worked diligently with law enforcement and other Staff to create
a shared concept to move forward with related to traffic stops and consent searches. Chief
McDaniel has previously expressed concerns with certain recommendations made by the
Implementation Committee, but those have been removed. Chief Kellace McDaniel is in full
support of the proposed policies.
Julie B. added community members have shown their concern for public safety time and time
again. She implored the Council to approve the policies to promote community safety. The decision
process isn't easy, but the Council has the responsibility to show up for what is right and do better.
Councilmember Jerzak moved, and Councilmember Lawrence-Anderson seconded to close the
Informal Open Forum at 7:02 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Lawrence-Anderson shared a quote from William Faulkner, "Never be afraid to
raise your voice for honesty and truth and compassion against injustice and lying and greed. If
people all over the world would do this, it would change the earth."
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 7:02 p.m.
4. ROLL CALL
Mayor April Graves, Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal and
Support Services Angela Holm, Director of Public Works Elizabeth Heyman, Community
Development Director Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Police
Chief Kellace McDaniel, Director of Community Prevention, Health and Safety LaToya Turk,
Assistant City Manager and 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
Councilmember Kragness moved, and Councilmember Jerzak seconded to approve the Agenda
and Consent Agenda, and the following consent items were approved:
10/23/23 -4- DRAFT
6a. APPROVAL OF MINUTES
1. October 9, 2023 – Study Session
2. October 9, 2023 – Regular Session
3. October 9, 2023 – Work Session
6b. LICENSES
MECHANICAL
Season Control Mechanical Division, Inc. 6225 Cambridge St. #29,
St. Louis Park 55416
RENTAL
INITIAL (TYPE IV – six-month license)
6220 France Avenue N Ewing Square Acquisition
Partners, LP
INITIAL (TYPE II – two-year license)
7218 Oliver Avenue N Na Vang
RENEWAL (TYPE IV – six-month license)
5112 70th Avenue N Ih3 Property Minnesota Lp
6225 Unity Avenue N HPA CL2 LLC
6749 Humboldt Avenue N Patrick Nguyen
RENEWAL (TYPE III – one-year license)
201 65th Avenue N Riverwood LLC
6331 Beard Avenue N Ccfi Holdings Llc
6915 Humboldt Avenue N Lynwood Pointe Llc
3312 64th Avenue N Buildup Assets 64th Ave Llc
3800 Burquest Lane HENNEPIN RP FUNDING LLC
3906 Janet Lane E Anderson & K Knoepke
5207 Boulder Lane Herman Capt Partners V Llc
6000 Bryant Avenue N Rto Investments Llc
6218 Unity Avenue N ISHMAEL KOMARA
10/23/23 -5- DRAFT
6800 Bryant Avenue N Peter Nguyen
RENEWAL (TYPE II – two-year license)
4819 Azelia Avenue N Third Street/Azelia Prop Llc
5415 69th Avenue N Phs Maranatha Inc
509 61st Avenue N Timothy Martin Daniel
2812 Ohenry Road Patrick Meier
3125 65th Avenue N Hp Minnesota I Llc
3819 61st Avenue N Fred Hanus Llc
5333 Bryant Avenue N Badikambudi Helene Kazadi
5336 Sailor Lane T J Agene & O E Agene
5415 Emerson Avenue N Mnsf Ii W1 Llc
5443 Logan Avenue N Imani Rock Group Llc
5814 Pearson Drive Ih2 Property Illinois Lp
5937 Vincent Avenue N Jack Johnson
7148 Morgan Avenue N FRED HANUS LLC
RENEWAL (TYPE I – three-year license)
6012 Kyle Avenue N James R Hager
7037 Humboldt Avenue N Gao Qiang Liu
6c. RESOLUTION NO. 2023-94; AUTHORIZING THE AMENDMENT TO
EASEMENTS FOR LOT 1, BLOCK 1, JOSLYN SECOND ADDITION,
HENNEPIN COUNTY, MINNESOTA
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8. PUBLIC HEARINGS
10/23/23 -6- DRAFT
8a. RESOLUTION NO. 2023-95, 2023-96, 2023-97, 2023-98; CERTIFYING
SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS,
ADMINISTRATIVE FINES/ CITATIONS, TALL GRASS AND WEED
ABATEMENT COSTS, AND DEAD DISEASE TREE ABATEMENT COSTS
City Manager Reggie Edwards introduced the item and invited Community Development Director
Jesse Anderson to make the staff presentation.
Community Development Director Jesse Anderson explained that Minnesota law allows cities to
recover costs of certain types of services through a special property assessment. The City incurs
costs associated with these public service programs and activities. If unpaid, the costs may be
specially assessed to the property. A public hearing is required.
Mr. Anderson noted four Public Hearings scheduled for October 23, 2023, to consider certification
of proposed special assessments. The Notice of Public Hearing was posted in the City's official
newspaper, Sun Post, on September 28, 2023. All potentially affected property owners have been
notified by mail of the date of the Public Hearing and the amount of the proposed special
assessments. As of October 16, 2023, no formal appeals have been received by City staff.
Mr. Anderson stated that when properties are found to be violating the code, a written compliance
notice is provided to the owner of record. In addition to notifying the record owner, properties may
be posted in some instances, or other responsible parties may be notified. A follow-up inspection
is conducted to verify that the property was brought into compliance with the code. If compliance
has not been achieved, the City will send additional notices, or Staff take corrective actions to
remove the public nuisance or hazard, depending on the nature of the issue.
Mr. Anderson pointed out that in the case of an abatement, the City bills the owner of record for
the portion of costs the City incurred directly related to the abatement action. A service charge is
applied to help recover administrative costs associated with the abatement process, such as time
spent on inspections, notifications, invoicing, overhead, and the like. The costs of the abatements
are recorded as pending special assessments, and this information is available to the public.
Mr. Anderson pointed out there is an increased enforcement on unlicensed rental properties.
Administrative citations were issued for operating without a rental license. For administrative
citations and fines, an appeal process is prescribed by City Ordinance Chapter 18. Information
about the appeal process and timeframes is provided with the citation.
Mr. Anderson explained once an assessment roll is adopted by the Council, the owner of each
property has two options. The first is to pay the entire amount of the special assessment, without
interest, between October 24, 2023 and November 27, 2023. If payments are made with property
taxes, the first payment will be due with taxes in 2024. The total principal will be payable in annual
installments for the period stated on the levy roll, as indicated below. Interest of 3.5 percent is
accrued on the unpaid balance. Based on feedback from the City Council, Staff discussed partial
payments with Hennepin County staff. The County has stated that partial payments aren't accepted
after an assessment is certified. However, they have granted Brooklyn Center permission to accept
10/23/23 -7- DRAFT
partial payments before the assessments are certified to Hennepin County.
Mr. Anderson noted these fees help recover some costs the City incurs related to services provided
to specific properties. Special assessment fees are included in the general fund as revenue for
accounting purposes. It is anticipated that these costs recovered through special assessments will
be received in 2024, and are therefore included in the 2023 budget. The levy roll for administrative
fines/citations totals $183,050. The levy roll for weed destruction totals $15,410. The levy roll for
dead/diseased tree removal totals $27,157. Also, the levy roll for abatements totals $47,982.36.
Mayor Graves moved, and Councilmember Jerzak seconded to open the Public Hearings
concurrently.
Motion passed unanimously.
Carol L. explained he was speaking on behalf of her ill son. She and her family have always lived
in Brooklyn Center. Her son leased his property through his ex-fiancé's mom and went to live with
Carol L. The leasing agent isn't allowing the son to check in on the rental property. Since then,
Carol L.'s son has been assessed with administrative and weed abatement. The leasing agent has
been hiding the notices from Carol L.'s son. She asked the Council why Brooklyn Center and its
Staff are being unhelpful. Ultimately, it is unfair for her son to be responsible for the abatements.
Mayor Graves asked Carol L. to provide her contact information to Dr. Edwards. Carol L. noted
she had left a voicemail for Mayor Graves that was unreturned. She thanked the Council for their
time.
Matt F. stated he has a special assessment for tall grass and an inoperable vehicle. The fine doubles
if the violation isn't handled after the first violation. He explained he was having difficulty due to
debt, and his house was foreclosed. The home was inherited from his mother after she passed. He
acknowledged that he understood the initial citation and had been saving to address the concerns.
However, doubling fines is burdensome, and his fines are around $9,000.
Matt F. added an ex-girlfriend had left the inoperable car in his driveway. He has been unable to
get in touch with her to obtain the title to do anything with the vehicle. He is still trying to find a
solution to address the inoperable car. As for the grass, it has been maintained in recent months.
Mayor Graves asked Matt F. to provide his contact information to the Staff.
An attorney on behalf of Matt F. pointed out that the assessed amount tripled in 23 days. October
3, 2023, there was a fee of $3,000. The next citation was for $6,000; it is unclear if the total fee
was $6,000 or $9,000.
Mayor Graves asked if the tripling of the fine is a common practice. Mr. Anderson explained fees
typically start at $125 or $300. A citation would follow two letters. After 30 days, the fee increases.
The fees increase up to $2,000 per violation.
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Mayor Graves asked for the Council to send a list of the fees and a Work Session to be scheduled
to review the citation process. Mr. Anderson stated that the fines are part of the fee schedule, and
the new fee schedule will be up for discussion before approval in the coming weeks.
Councilmember Kragness asked if there is a way to stop the additional citations if the recipient
contacts staff after receiving an earlier one to set up a payment plan. Mr. Anderson stated the
citations aren't issued due to nonpayment, and there aren't any late fees. The citation is issued if
the violation is still occurring. Staff typically grants extensions if requested.
Alfreda stated she has heard concerns from other community members regarding the financial
burden of the fees. COVID-19 has further crippled resident's financial capacity. Also, businesses
have been unable to afford the required maintenance. People are calling Staff daily for help and
not receiving any assistance. She asked if the City offers resources to help with the cost burden or
if Staff could sit down with residents to explain the process and help.
Councilmember Kragness moved, and Councilmember Jerzak seconded to close the concurrent
Public Hearings.
Motion passed unanimously.
Mayor Graves pointed out the City has a program regarding home maintenance. She asked the
Staff if there were other resources available. Mr. Anderson stated the City offers a grant program
to help with home maintenance, but it has a long waiting list. Another program is where the City
partners with an agency to offer a home repair loan with a lower interest rate. External
organizations offer assistance such as handyman repairs. The information is all available on the
City's website.
Councilmember Lawrence-Anderson moved, and Councilmember Jerzak seconded to adopt
Resolution No. 2023-95, Certifying Special Assessments for Administrative citations to the
Hennepin County Property Tax Rolls.
Motion passed unanimously.
Councilmember Jerzak moved, and Councilmember Butler seconded to adopt Resolution No.
2023-96, Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin
County Property Tax Rolls.
Motion passed unanimously.
Councilmember Kragness moved, and Mayor Graves seconded to adopt Resolution No. 2023-97,
Certifying Special Assessments for Weed Removal Costs to the Hennepin County Property Tax
Rolls.
Motion passed unanimously.
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Councilmember Butler moved, and Councilmember Jerzak seconded to adopt Resolution No.
2023-98, Certifying Special Assessments for Abatements Costs to the Hennepin County Property
Tax Rolls.
Motion passed unanimously.
Councilmember Lawrence-Anderson asked for the City Council to be updated on conversations
with Carol L. and Matt F.
8b. RESOLUTION NO. 2023-99; CERTIFYING SPECIAL ASSESSMENTS FOR
DELINQUENT 2023 PUBLIC UTILITY SERVICE ACCOUNTS TO THE
HENNEPIN COUNTY PROPERTY TAX ROLLS
City Manager Reggie Edwards introduced the item and invited Director of Fiscal & Support
Services Angela Holm to make the staff presentation.
Director of Fiscal & Support Services Angela Holm explained that Minnesota law allows cities to
recover costs of certain types of services through special property assessment. The City incurs
costs of providing public utilities, typically recovered through user charges. If the user charges
remain unpaid, the costs may be assessed to the property. A public hearing is required for the
assessment.
Ms. Holm pointed out that the City of Brooklyn Center certifies delinquent utility bills to Hennepin
County annually. The certified bills become assessments on the property owner's property tax bill
for the following year.
Ms. Holm stated this process starts with a letter to the customer notifying them that their account
is past due and that the amount will be certified against their property taxes. Bills of $400 or more
are past due as of July 12, 2023. The letter details the process and the legal authority for
certification. Recipients of this letter are advised they may dispute the charges at a public
hearing. The public hearing's date, time, and location were published in the City's official
newspaper. Customers who have not paid by the cut-off date in the letter, which is November 22,
2023, are included in the final assessment roll submitted to the County.
Ms. Holm noted once the Council adopts an assessment roll, the owner has two options. First, the
customer can pay the entire assessment amount without interest by November 22, 2023.
Alternatively, the customer can pay the assessment with taxes in 2024 with interest accrued from
December 1, 2023. The total principal and total interest is due in 2024.
Current unpaid charges amount to $582,021.22. There are 597 unpaid accounts. Eighty-six percent
of certifications are under $1,000. The amount is similar to the numbers in 2021. 2022 was much
higher in terms of unpaid charges and accounts.
Councilmember Jerzak moved, and Councilmember Lawrence-Anderson seconded to open the
Public Hearing.
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Motion passed unanimously.
Melissa T. explained she has been facing economic issues since COVID-19 and is a single parent
of children who are also struggling with financial and mental health issues. She asked if resources
were available similar to those for heat utilities. Mayor Graves asked Melissa T. to provide her
contact information to Staff for them to follow up.
Devon W. asked if he could speak directly with Staff regarding his concerns. Mayor Graves asked
the commenter to provide his contact information to Staff for them to follow up.
Councilmember Jerzak moved, and Councilmember Kragness seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lawrence-Anderson moved, and Mayor Graves seconded to adopt Resolution No.
2023-99, Certifying Special Assessments for Delinquent Public Utility Service Accounts to the
Hennepin County Property Tax Rolls.
Motion passed unanimously.
8c. RESOLUTION NO. 2023-100; ORDERING IMPROVEMENTS AND
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR
IMPROVEMENT PROJECT NO. 2024-01, ORCHARD LANE EAST
IMPROVEMENTS
City Manager Reggie Edwards introduced the item and invited Director of Public Works Elizabeth
Heyman to make the staff presentation. Director of Public Works Elizabeth Heyman introduced
Principal Engineer Lydia Ener to continue the presentation.
Principal Engineer Lydia Ener showed a slide with the process schedule thus far and an image of
the project area. The projects include partial street reconstruction, which includes full-depth
pavement replacement, miscellaneous repairs of concrete curb and gutter and driveway aprons,
boulevard restoration, replacing catch basin castings as necessary within the project areas, and
replacing or repairing catch basins and laterals where deteriorated or impacted by other utility
work, replacing most of the main, along with the valves and hydrants, and lining of the sanitary
sewer main, with spot replacements as necessary.
Ms. Ener showed images of some of the streets. The pavement was last reconstructed in 1996.
Roadway widths will remain at 30 feet. The curb was inspected, and there will be spot replacement
as necessary. The existing storm sewer pipes are six to 12 inches and were constructed between
1956 and 1996. Xcel owns the existing lighting and exists at intersections and mid-blocks at
approximately every 700 feet.
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Ms. Ener stated water main components were installed between 1956 and 1996, and existing pipes
are six to 12 inches. Proposed improvements for the water main are replacing the older sections
and hydrant and gate valve replacement.
Ms. Ener noted that the sanitary sewer was installed between 1956 and 1996, and existing pipes
are eight to 12 inches, with some larger collector pipes. Condition surveys were taken of sewers
and manholes. The recommended sanitary sewer improvements include lining the main with spot
replacements as necessary.
Ms. Ener pointed out there will be some tree impacts from the project. The City's forester has
reviewed the impacts. There will be removals of diseased trees and ash trees, some impacted by
utility construction. Root cutting will be done where possible. Otherwise, there will be a one -to-
one replacement of all removed trees.
Ms. Ener added other impacts, including driveway impacts. Utility improvements and curb
replacement will determine this. There will be saw-cutting for bituminous driveways and removal
to the nearest joint for concrete. Also, sodding will be added to impacted areas.
Ms. Ener explained to gather information from the public on the project before feasibility, a
neighborhood open house was held on August 3, 2023. Invitations for the meeting were mailed to
properties, and signboards were placed in the neighborhood before the meeting. The goal of the
meeting was to provide project information to property owners and residents and gain input from
the public on potential project upgrades. 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 interest in
personal follow-up when construction begins.
Ms. Ener stated in addition to the neighborhood meeting, surveys regarding the project and existing
conditions were mailed to residents and made available online. Most survey responses indicated
the properties had no flooding, sanitary, or water services issues. Overall, the resident responses
did not favor additional sidewalks or street lighting.
Ms. Ener pointed out that the second neighborhood meeting was scheduled for Thursday, October
19. Property owners were mailed invitations to the meeting. This meeting was a presentation style
and provided additional information on action taken by the Council approving the Feasibility
Report, the current progress of design, and will be an opportunity to provide more specific property
impacts. In addition, the assessments included in the Feasibility Report were available to discuss
with residents or answer questions. Questions were primarily on the assessment process,
construction access, impacts, and timing.
Ms. Ener stated the preliminary project is estimated to cost $11.8 million. About $1.5 million will
come from assessments. The remaining funding is from utility fees and the street reconstruction
plan. She noted corner lots are not assessed twice.
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Ms. Ener stated that most properties fall under R1 and R2, and the assessment rate will be set at
the November 13, 2023 meeting. The rate is based on the construction cost index. A typical R1
and R2 property will be assessed at approximately $4,015 per property. This was a 5.5 percent
increase from the 2023 rate, accounting for $35 to $56 monthly payments. The interest rate will
be 5.5 percent, based on the City bonding.
Ms. Ener added R4, R5, R6, R7, commercial, and industrial properties costs are determined by
project costs. The interest rate will be 5.5 percent, based on the City bonding.
Ms. Ener pointed out options are to pay in full before September 30, 2024, pay in full or partial
payment from October 1, 2024, to November 17, 2024, with interest starting on October 1, 2024,
or to pay in installments with property taxes over a ten-year period starting in 2025, which would
be with a 5.5 percent interest rate.
Councilmember Butler asked what the City's responsibility is for the sod. Ms. Ener stated a sod
letter will be sent to the homeowner with more information and best practices. The City is
responsible for the first 30 days of the sod. There is an inspection of the sod at the end of the 30
days to ensure the installation was done correctly.
Mayor Graves noted Brooklyn Boulevard looks very terrible due to the dead sod. She asked who
was responsible for that sod. Ms. Ener offered for Staff to look into the warrant period.
Ms. Heyman noted Brooklyn Boulevard is a County road. The City did take on maintenance
responsibilities with the reconstruction project. She offered for Staff to look into options.
Councilmember Lawrence-Anderson asked if someone could pay a partial amount and then choose
to have the rest added to the tax roll. Ms. Ener confirmed that was correct. The partial payment
option is new to the process.
Councilmember Lawrence-Anderson asked what the previous interest rate was. Ms. Ener stated
the previous interest rate was 3.5 percent.
Councilmember Jerzak moved, and Councilmember Lawrence-Anderson seconded to open the
Public Hearing.
Motion passed unanimously.
Adam stated everyone would like a copy of the presentation to review. He asked if the assessment
could be higher than the $4,015 projection. Ms. Ener stated it is a conservative assessment so that
it won't exceed $4,015. Once the amount is set, it won't be changed based on bids received or
market conditions. She added she would add the presentation to the project website.
Councilmember Lawrence-Anderson asked for the presentation to be added to the City website.
Ms. Ener stated the project website is within the City website. Councilmember Lawrence-
Anderson asked for information on accessing the project website to be included in future
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notification letters. Ms. Ener stated the letters have and will continue to have a QR code to access
the project website.
Councilmember Jerzak read an email from concerned parties, Carl and Morgan K., as they could
not attend the Council meeting. They disagreed with assessments for basic City infrastructure as
the tax dollars should already be allotted for such critical updates. They pointed to poor financial
planning and urged the Council to find funding within the budget.
Mayor Graves asked for the presentation to be sent to Carl and Morgan K.
Councilmember Jerzak moved, and Councilmember Kragness seconded to close the Public
Hearing.
Mayor Graves moved, and Councilmember Jerzak seconded to adopt Resolution No. 2023-100,
Ordering the Orchard Lane East Improvements, Improvement Project No. 2024-01, and
Authorizing Preparation of Project Plans and Specifications.
Motion passed unanimously.
RECESS AND RECONVENE
Mayor Graves called for a short recess at 8:13 p.m. The meeting reconvened at 8:22 p.m.
9. PLANNING COMMISSION ITEMS
9a. RESOLUTION FOR PLANNING COMMISSION APPLICATION NO.
2023-006, SUBMITTED BY AWC HOLDINGS LLC, FOR CONVERSION
OF AN EXISTING TWO-TENANT BUILDING TO AN APPROXIMATELY
10,200-SQUARE FOOT RESTAURANT AND BAR (NIGHTCLUB) WITH
704-SQUARE FOOT OUTDOOR PATIO (5927 JOHN MARTIN DRIVE)
Dr. Edwards introduced the item and invited Planner and Zoning Administrator Ginny McIntosh
to continue the staff presentation.
City Planner Ginny McIntosh reviewed a request for review and consideration of a proposal to
convert the existing New King Buffet and former Tires Plus located at 5927 John Martin Drive
into an approximately 10,200-square-foot restaurant and bar with approximately 1,200-square foot
outdoor patio. The applicant is associated with Jambo Africa, a restaurant and bar located at 1601
Freeway Boulevard in Brooklyn Center, specializing in African cuisine. Their narrative notes that
they will transfer "all restaurant operations from the current location, 1601 Freeway Blvd, to the
new location, 5927 John Martin Drive."
Ms. McIntosh showed images of the site. The site is approximately 1.36 acres and is currently
zoned for transit-oriented development.
Ms. McIntosh stated the property received site and building plan approval in 1979 under Planning
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Commission Application No. 79035 for what was originally a Berger Brothers sporting goods
shop. As originally contemplated, the building was to primarily serve as an approximately 8,820-
square-foot retail shop, with approximately 1,425-square-foot feet of storage area. At the time, the
Subject Property was zoned C2 (Commerce) District, which allowed for retail uses and
contemplated 85 on-site parking spaces for the retail store.
Ms. McIntosh noted that in 1991, the formerly single-use retail building received a proposal to
convert into a two-tenant building when Tires Plus auto shop expressed interest in locating on the
Subject Property and following the closure of Berger Brothers. Tires Plus ultimately took
approximately 3,700 square feet of the property's west side, with the remaining 6,500 square feet
available for a new user. The current Property Owner, Lin Shuang LLC, purchased the property in
2007. Tires Plus closed its location at the site last year, and the property was listed for sale shortly
after that.
Ms. McIntosh stated the property is centrally located within the City's designated approximately
80-acre Opportunity Site. A draft Opportunity Site Master Plan has been underway for several
years, and the plans are to move toward a final adoption by the end of this year. In July 2021, the
City of Brooklyn Center City Council adopted an Infrastructure Framework for the Opportunity
Site, intended to serve as a proactive, guiding document focused on four core components within
the 80-acre Opportunity Site. While the framework is intended to help inform decision-making, it
was also designed to provide certain flexibilities dependent upon market conditions.
Ms. McIntosh noted in 2022 that the City Council approved an approximately 16-acre Phase I
redevelopment of the Opportunity Site under Planning Commission Application No. 2022-003—
this phase is located south of the property. A proposed Garden Street is contemplated to run
approximately between the property and 5939 John Martin Drive, which is owned by the City's
Economic Development Authority (EDA), and south through additional lands owned by the City's
EDA before connecting to a proposed public roadway extension approved as part of Phase I.
Ms. McIntosh pointed out that the Infrastructure Framework specifically denotes John Martin
Drive, which the Subject Property fronts, as a future "Main Street." While dependent on market
conditions and receptivity of existing landowners, the Infrastructure Framework calls out a
potential future road running near the driveway curb cut, which serves both the Subject Property
and 5939 John Martin Drive, which the EDA owns.
Ms. McIntosh stated that Staff initially met with the applicant in July 2023, when the building
reflected a restaurant and bar use. Conversion triggers a Major Site and Building Plan Amendment
process under Section 35-7605 because there would be a 25 percent or greater change in the floor
area of the structure.
Ms. McIntosh noted the Staff had a follow-up meeting with the applicant to discuss the application
and planned submittal materials. Following the submittal of plans, City Staff determined the
building to be a nightclub use, which requires a CUP. On August 16, 2023, the applicant's architect
confirmed the use and began the CUP process.
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Ms. McIntosh stated on September 9, 2023, Staff formally requested the applicant apply for a
parking variance, address concerns and revisions, and a 60-day application extension. Staff
received the variance application, fee, and supplemental information on September 13, 2023. On
September 14, 2023, a public hearing was held for the building plan and CUP, but there was a
request to continue the public hearing to October 12. Proper publishing was completed for the
public hearing, which was held on October 12, 2023.
Ms. McIntosh stated that the applicant outlines in their narrative that they would remodel the
approximately 10,200-square-foot building for a restaurant and bar with a nightclub. There are no
plans to alter the exterior of the building other than the removal of an existing loading door on the
south elevation and the existing overhead bay doors used previously by Tires Plus on the west
elevation, but those would be replaced with glass. This elevation would also feature an
approximately 1,200-square-foot outdoor patio that would project approximately 17 feet out and
be located just under 8 feet from the property line shared with 5939 John Martin Drive, which the
City's EDA owns.
Ms. McIntosh pointed out that access to the Subject Property is limited to the single shared curb
cut located off John Martin Drive. As proposed, the existing curb cut and parking layout would
remain. The only area proposed for modification, which would impact the existing site circulation,
is the west elevation where the bay doors to the former Tires Plus are located. Installing the
permanent patio would ultimately shift any vehicular traffic onto neighboring 5939 John Martin
Drive, which the City's EDA owns. City Code outlines a minimum of 24 feet in width for drive
aisles accommodating two-way traffic, and a minimum of 20 feet is required under the Minnesota
Fire Code for fire access.
Ms. McIntosh noted that determining the use and overall business function is crucial as it informs
peak parking demands. Section 35-5502 (Off-Street Parking Requirements) provides that "off-
street parking and loading spaces shall be provided in all multi-family residential, mixed-use,
commercial, and industrial districts in accordance with the requirements of this Unified
Development Ordinance." City Staff relayed concerns early on as to whether all minimum parking
needs would be met on-site given the use and size of the establishment, and the applicant inquired
about potential options for parking off-site, including surrounding EDA-owned property.
Ms. McIntosh stated there are provisions within the City Code that allow for a development to
reduce the required off-street parking spaces by up to fifty percent when it can be demonstrated in
a parking-traffic study and prepared consistent with City standards and through the use of transit
or demand management programs, noted unique characteristics, etc. A parking traffic study was
not provided as part of the submittal. Section 35-5503 allows for a portion of required parking
spaces to be located on an adjacent property if the parking area complies with the standards and as
authorized in accordance with the approval of a Conditional Use Permit (CUP). Although shared
parking is encouraged in instances where it may be mutually beneficial for multiple users, the City
Code requires a burden of proof for a reduction in the total number of parking spaces.
Ms. McIntosh added the property is surrounded on three sides by City EDA-owned property (5939
and 5915 John Martin Drive and approximately 5.5 acres of 5910 Shingle Creek Parkway).
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HealthPartners Dental Clinic is located to the south; however, most of its on-site parking is located
on yet another City EDA-owned property at 5900 Shingle Creek Parkway via a driveway and
parking easement.
Ms. McIntosh noted the applicant inquired as to whether off-site parking might be an option at the
strip mall located to the northwest of the site and located at 6000 and 6050 Shingle Creek Parkway;
however, these properties are part of a Reciprocal Easement Agreement with the neighboring
former Target, located at 6100 Shingle Creek Parkway and also owned by the City's EDA. Said
agreement provides shared parking and access between parcels with most parking on the Target
site.
Ms. McIntosh explained, as proposed, that no alterations would be made to the existing parking
lot other than select re-striping. The submitted plans denote 80 available on-site parking spaces on
the Subject Property. The original site and building plan approvals, as contemplated under
Planning Commission Application No. 79035, identified 85 parking spaces; however, it appears
five parking spaces were removed to accommodate a trash enclosure located at the southeast corner
of the building and intended for the current restaurant use.
Ms. McIntosh noted that City staff and the applicant disagreed regarding determining minimum
parking needs for the Subject Property. The applicant's architect had operated under the assumption
that the entirety of the use would have parking calculated assuming an "Assembly" calculation,
which would assume a minimum of one parking space for every three seats per person, including
any staff. In reviewing the provided occupancy load calculations for the space, a maximum
occupant load of 240 persons would indeed require a minimum of 80 parking spaces; however, the
occupant load numbers were adjusted with respect to the dining, patio, and dance floor areas to
calculate occupancy based off the provided layout of the tables and seating, as opposed to the
occupant load as calculated under Minnesota Building Code.
Ms. McIntosh concluded assuming 80 on-site parking spaces, City staff ultimately determined that
the property is likely deficient by 74 parking spaces and would, therefore, require a parking
variance. A site plan is provided; however, no dimensions include parking space dimensions, drive
aisle widths and alterations. As noted in the Assistant City Engineer's memo, it also appears that
ADA parking is insufficient. Should additional ADA loading spaces be required, this may increase
the overall parking deficiency.
Ms. McIntosh pointed out that the photometric plan was submitted with the application submittal;
however, the originally provided plan does not provide the detailing necessary to determine
whether it meets the code provisions outlined under Section 35-5400. In response to a request for
revised plans, the applicant provided an updated photometric plan and fixture specification on
September 13, 2023.
Ms. McIntosh noted that any photometric plan should demonstrate consistent illumination levels
across the existing open-air parking lot and avoid pockets of very high or low illumination levels.
Spot illuminations shall be provided to clearly demonstrate adherence to minimum and maximum
illumination levels and uniformity, and a fixture schedule will be provided.
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Ms. McIntosh added City staff had previously conveyed to the applicant that the existing pole and
wall lighting on the property is non-conforming with respect to City Code requirements. Detail
sheets were also requested of the applicant to demonstrate enhanced illumination overall primary
building entrances or exits and any pedestrian pathways as outlined under Section 35-5401.m.2.
Ms. McIntosh stated there are no plans to alter the exterior of the building except for adjustments
to openings on the west and south elevations. As proposed and noted above, an existing loading
dock door would be removed and patched to match the existing exterior. While the provided site
plan notes this removal and patching, a detail sheet would be required for submittal as part of any
building permit process.
Ms. McIntosh pointed out that the west elevation currently features a series of garage bay doors
that formerly served Tires Plus. As proposed, four garage bay doors would be removed and
replaced with smaller, transom-style windows. The remaining sections below will be patched.
Although this elevation notes the use of a "squared" concrete block to match the existing material,
it appears the building material this elevation predominates is split rib or fluted concrete. City staff
would request confirmation as it appears there is a squared or scored concrete block located in the
section of the south elevation of the building.
Ms. McIntosh explained that the remaining two garage bay doors would be replaced with operable
glass doors leading out onto a proposed 1,200-square-foot outdoor patio. Said an eight-foot-high
fence would surround the patio. City staff question the functionality of the proposed outdoor patio,
as it appears the only access would be via the garage door. Additional safety concerns were raised
in the letter addressed to the applicant on September 9, 2023, regarding the identified gates for
exiting, as they would open out onto the parking lot and drive aisles.
Ms. McIntosh stated the project submittal includes a landscape plan and detail sheet; however, no
inventory of existing plantings and species or types was provided, and City staff could not conduct
a full review. City Staff did make a formal request to the applicant for this additional information
as part of a letter dated September 9, 2023. City staff provided the applicant with copies of the
original and last revised landscape plans on file, as included with the preceding Planning
Commission and City approvals on record from 1979 and 1991.
Ms. McIntosh explained following a review of these plantings, which were all outlined on the
original 1979 landscape plan schedule, Cit y staff requested the applicant replace the Japanese
green leaf barberry with an alternate shrub, as the Minnesota DNR notes "Japanese Barberry" as a
restricted planting with the propagation and sale of its numerous cultivars, including green
barberry, noted as prohibited within the State of Minnesota.
Ms. McIntosh added no specific signage requests were made as part of the Application submittal.
Any new signage would be required to comply with the provisions outlined within Section 35-
6000.
Ms. McIntosh stated James Soltis, Assistant City Engineer, reviewed the submitted site plan and
provided a memorandum dated September 5, 2023. The memo was most recently revised on
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October 5, 2023. There were questions regarding MN ADA compliance, potential impacts on the
overall site circulation, and safety considerations for safely exiting the patio.
Ms. McIntosh added Building Official Dan Grinsteinner conducted a cursory review of the
proposal and worked with City staff to determine outlined and expected occupancy loads for the
building and patio and with respect to the minimum required parking. A fire sprinkler and
monitoring system is required for installation and must be maintained at all times, and sufficient
fire hydrants shall be provided. Additional detailing will be required to provide access to a fire
sprinkler room or wall connections.
Ms. McIntosh pointed out City staff requests that, as part of any construction set review and in
advance of any permit release, a CPTED (Crime Prevention through Environmental Design)
review be completed by City staff.
Ms. McIntosh stated they need to coordinate with the Minnesota Pollution Control Agency
(MCPA) to address the abandonment of flammable interceptors and any potential regulations for
conversion of use. City staff noted open permitting for above-ground tanks, per the MPCA website.
Ms. McIntosh reiterated when City staff initially met with the applicant, where it was conveyed
that the applicant intended to open a restaurant and bar at the property; however, the applicant's
architect has come to agree with City staff's interpretation that there was a "nightclub" component
and clarifying that, under building code, restaurants and nightclubs were in the same occupancy
type category. They further agreed to apply for a Conditional Use Permit.
Ms. McIntosh explained Conditional Use Permits, as outlined under Section 35-7700, are those
uses that have been identified because of their nature, operation, location, special requirements or
characteristics, and that may only be allowed in a particular zoning district after submittal of an
application, review, and recommendation by the Planning Commission, and approval by the City
Council. The Conditional Use Permit process regulates the location, magnitude, and design of
conditional uses consistent with the Comprehensive Plan and this Unified Development
Ordinance's regulations, purposes, and procedures.
Ms. McIntosh pointed out that to qualify for a CUP, the conditional must be in accordance with
the general objectives, or with any specific objective, of the City's Comprehensive Plan and this
UDO. The site is within Transit-Oriented Development (TOD) and meets the objectives.
Ms. McIntosh stated that the establishment, maintenance, or operation of the conditional use must
promote and enhance the general public welfare and will not harm or endanger the public health,
safety, morals, or comfort of other establishments. Similarly, the conditional use can not be
detrimental to the use and enjoyment of other property in the immediate vicinity for the purposes
already permitted, nor substantially diminish and impair property values within the neighborhood.
Ms. McIntosh added that the CUP requires that the use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the district. Adequate
measures must be taken to provide ingress, egress, and parking to minimize street traffic
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congestion. Impacts such as noise, hours of activity, and exterior light must be sufficiently
addressed to mitigate adverse impacts on nearby uses. Lastly, the conditional use must confirm the
applicable regulations of the district.
Ms. McIntosh explained variances may only be granted when the applicant for the variance
establishes that there are practical difficulties in complying with the zoning ordinance. Pursuant to
Minnesota Statutes Section 462.357, subdivision 6, the City Council may only approve a variance
where "practical difficulties" exist regarding strict compliance with the City's Unified
Development Ordinance (UDO), and each criterion is satisfied.
Ms. McIntosh pointed out that the criteria include that the variance is in harmony with the general
purposes and intent of the City's Unified Development Ordinance, is consistent with the
Comprehensive Plan, the property owner proposes to use the property in a reasonable manner not
permitted by this Unified Development Ordinance, the plight of the landowner is due to
circumstances unique to the property not created by the landowner, variance if granted, will not
alter the essential character of the locality.
Ms. McIntosh noted the public hearing notice was published in the Sun Post on August 31, 2023,
for the site and building plan and conditional use permit requests and September 28, 2023, for the
variance requests. Mail notifications were sent to taxpayers and physical properties within 350 feet
of the property. The public hearing notice was also published on the City website as a link.
Ms. McIntosh stated, based on the findings and given the request by City staff in a letter to the
applicant dated September 9, 2023, to apply for a parking variance, provision of additional
information and revised plans, and the requested application extension.
Ms. McIntosh pointed out that the applicant and project supporters were present at the October 12,
2023, public hearing. City staff did not receive other public comments. The Planning Commission
engaged in a lengthy discussion of the proposed use. First, there was concern about aligning the
proposed use with the City's Opportunity Site plans and adopted Infrastructure Framework, as the
property is centrally located within the designated area. General inquiries were presented as to
whether the applicant is on the same page with where the City is headed and if the applicant
considered other locations. The Planning Commission expressed concerns about the proposed use
already being technically beyond capacity and the inability for future expansion.
Ms. McIntosh stated next that there were concerns about ADA parking deficiencies, as identified
by Staff, and the justification for using Uber and Lyft to offset parking needs. There weren't details
about where the services would be staged. Although Staff noted the 58-spot parking space
deficiency, it was later determined the provided site plan falls short of minimum ADA-required
parking. MN Accessibility Code requires a minimum of four ADA spaces rather than the two
spaces presented. Ultimately, this results in a deficiency of 59 spots to accommodate a shared ADA
loading space.
Ms. McIntosh added the Planning Commission had concerns about snow removal and storage
plans for the property, given the property is built out. The winter months would only exacerbate
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the parking deficiencies. Also, there was a lack of any proposed investment into the exterior of the
existing building other than some wall patching and two glass garage doors. The building is more
than 40 years old, and there needs to be consideration for the accelerated deterioration of the
building in the last few years.
Ms. McIntosh stated safety concerns related to the egress and the proposed outdoor patio.
Commissioner comments referenced past instances of restaurants and nightclubs where
stampeding occurred during an emergency and if proper egress was provided. The Commission
made inquiries to Staff as to whether they were comfortable with the plans.
Ms. McIntosh noted there were inquiries on categorizing the "nightclub" use and whether the
proposed use would confirm the City's noise regulations. Questions were also raised about the two
glass doors needing to remain open to allow patio access.
Ms. McIntosh pointed out the Planning Commission had concerns about the overall business
operations and considerations for trash, safety, security, and sufficient lighting. Lastly, the
Commissioners asked the City Attorney how tedious a revocation process would be for a CUP.
Ms. McIntosh stated following the close of the public hearing, the Planning Commission elected
to recommend (3-2) City Council approval of the requested site and building plan, DUP, and
parking variance.
Ms. McIntosh stated there are three options for the Council to consider. First is approval of the
variance, CUP, and site and building plan. Second is the approval of the variance but denial of the
CUP and site and building plan. Lastly, the Council can deny all components.
Mayor Graves asked why the process was different than normal. City Attorney Jason Hill stated
that the Staff wanted to avoid the need to prepare a resolution of approval and a resolution of
denial, particularly in these instances where it is a tight vote. Also, to avoid any indication of what
the Council would do, a decision has been made beforehand. He noted he had done a similar
process in other cities not unique to Brooklyn Center. The Planning Commission will hold a public
hearing and make a recommendation. The Council may direct Staff to prepare the appropriate
resolution as long as the application is will within the 60-day time frame or the extension. The
Council has already discussed the item and decided it will return to the next agenda as a consent
item. There may be other language that needs to be added to the resolution. In short, the alternative
process is for efficiency and clarity. Mr. Hill stated he recommends this process from now on for
Planning Commission items.
Mr. Hill stated the reason for the variances first is if the variance is denied, then the Conditional
Use and Site and Building Plan become mute. If you don’t grant the variance, you won’t comply
with the City Code for both of those. If you deny the variance, the other two items also go away.
Mayor Graves asked what would happen alternatively with option number two. Mr. Hill stated
denying the CUP and site and building plan would trigger a variance to be denied. Mr. Hill stated
there are three applications for the Council to consider. There is a difference between the second
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and third options for creating a record and for legal purposes, although the outcome is similar.
Mayor Graves stated that options two and three are the same. Mayor Graves stated options two
and three are basically the same thing. Mr. Hill stated they are not, and they are actually quite
different. Mr. Hill stated there are three applications that you are looking at: A request for a
Variance, a Request for a Conditional Use Permit, and a Request for a Site and Building Plan. You
can approve or deny any of those. However, they are all contingent on each other.
Councilmember Butler stated the Planning Commission approved the item with a 3-2 vote. It is a
little unnerving as a City Council member as it is a new process, and we haven’t done this with
other applications that have come before the Council. She added a lot of the comments that were
extracted from the Planning Commission were negative comments. Some Commissioners voted
for this, and where are the positive comments? She stated she felt like the Staff was preparing the
Council for what Staff wanted to be done and not giving the applicant a fair shake. She asked if
we worked with the applicant to get the application in a better place and what the rush was.
Ms. McIntosh stated that the Staff first became aware of the project when the applicant was
applying for a plumbing permit. The first initial discussion took place in July 2023. Through that
discussion, Initially, it was proposed as a restaurant and bar use, which triggered a site and building
plan requirement. Once Staff reviewed the interior layout of the site, it turned more into a nightclub
use, the CUP process was triggered. Throughout that process, Staff was trying to pull additional
information from the applicant. Specifically, what is the business plan operation? Staff cannot
assume how this business is going to function.
Ms. McIntosh pointed out during this discussion process the applicant reduced the patio's size,
improving the parking deficiency. There isn't room to add more parking unless a trash enclosure is
removed, allowing for five more spots.
Ms. McIntosh agreed she shared the concerns of the Planning Commission, but she also shared the
consistently positive comments during the public hearing. There is a lot of reliance on Staff
figuring out issues along the way. For example, the lighting plan is lacking, but Staff would work
with the applicant to bring the lighting in alignment with the code.
Ms. McIntosh added it is extremely unusual to have such a close vote.
Councilmember Jerzak summarized his previous professional experience working with the
applicant and the building owner. He requested that he abstain from the vote in the interest of
fairness. Mr. Hill stated there is no legal or financial obligation for Councilmember Jerzak to
abstain from the vote, but it is his prerogative to abstain. Councilmember Jerzak confirmed he
would abstain from the vote and the discussion.
Councilmember Lawrence-Anderson asked what the purpose of the glass door was. Ms. McIntosh
stated the glass garage door is for patio access. Councilmember Lawrence-Anderson stated the
door is concerning due to the climate of Minnesota.
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Councilmember Lawrence-Anderson pointed out two Commissioners were absent. Ms. McIntosh
pointed out six Commissioners were present throughout the discussion, but only five were present
for the vote.
Councilmember Lawrence-Anderson asked if the item could be returned to the Planning
Commission to allow for a full commission vote. Mr. Hill stated it is not recommended the item
be returned to the Planning Commission meeting. Still, the Council can table the item for further
consideration by the Council.
Councilmember Lawrence-Anderson would like to review the Planning Commission recording to
understand the discussion better. She asked how many restrooms are in the facility. Ms. McIntosh
stated the bathrooms must meet Code requirements for the proper capacity.
Councilmember Lawrence-Anderson stated she is typically in favor of promoting businesses. Still,
she had concerns about the proposal's alignment with the Opportunity Site, similar to the concern
expressed by the Planning Commission.
Councilmember Kragness asked if the Staff recommendation was in line with the vote of the
Planning Commission. Mayor Graves stated that the Staff is not making a clear recommendation.
Councilmember Kragess asked if all the items needed to be figured out were completed. Ms.
McIntosh indicated they have not been completed. She noted that photometric plans and landscape
plans are typically missing. Staff pointed out that the Conditional Use Permit for the nightclub use
will open until 2 a.m., providing sufficient lighting for the front entrance space, the patio, and the
back entrance space, which should be listed as conditions of approval.
Mayor Graves asked what the issues are with the lighting. Ms. McIntosh stated two photometric
plans have been submitted, but the Staff has not seen this type of photometric before. Therefore,
the Staff doesn't understand the lighting plan well. Additionally, there are newer lighting
requirements in Brooklyn Center due to recent Code changes. It calls out consistent and even
lighting—a certain number of footcandles for entrances and exits for commercial and residential
properties. This is a safety precaution as well.
Mayor Graves moved, and Councilmember Butler seconded to
Mayor Graves moved, and Councilmember Butler seconded to direct Staff to prepare a resolu-
tion approving a variance as outlined in Planning Commission Application No. 2023-006 for the
59-space parking deficiency associated with the conversion of an existing two-tenant building to
an approximately 10,200-square foot restaurant and bar (nightclub) with 704-square foot outdoor
patio at 5927 John Martin Drive, and subject to the outlined conditions of approval.
Councilmember Lawrence-Anderson pointed out she doesn't want to interfere with the vision of
the Opportunity Site.
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Councilmember Lawrence-Anderson voted against the same. Councilmember Jerzak abstained
from the vote. Motion passed.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION APPROVING AN AMENDMENT TO THE COMMERCIAL
LEASE AGREEMENT WITH PHU BIA LIMITED LIABILITY COMPANY FOR
PROPERTY LOCATED AT 1350B SHINGLE CREEK CROSSING
Dr. Edwards introduced the item and invited Community Development Director Jesse Anderson
to make the staff presentation.
Mr. Anderson stated that 1350B Shingle Creek Crossing was a vacant shell space the City
constructed when the municipal liquor store was built. The shell space is intended to provide brick-
and-mortar space for small business owners while maintaining commercial affordability in
Brooklyn Center. The EDA has approved a $70,000 commercial buildout loan to Phu Bia Produce
LLC with the condition of executing a lease agreement between Phu Bia Produce LLC and the
City of Brooklyn Center. The project scope included new flooring, painted walls, a walk-in cooler,
and a brand-new bathroom. Before Phu Bia, the shell space was empty and under-utilized.
Mr. Anderson stated the City of Brooklyn Center charges a base rate of fifteen dollars a square
foot. The gross rent area is 3,500. The monthly rent collected from Phu Bia Produce LLC is $4,375,
and the rent payment is due on the first of each month. Rent payments were to start on August 1,
2022. In lieu of no buildout allowance on the shell space, six and a half months were granted to
Phu Bia Produce LLC to support cash flow and minimize startup expenses.
Mr. Anderson pointed out Phu Bia faced many challenges relating to the store opening, including
equipment availability, contractor issues, and limited knowledge of navigating the health
department and city processes. Phu Bia recently received its certificate of occupancy and is now
ordering products for its store. They have had difficulty paying rent and loan payments without an
operating business. Now that they are close to opening, they anticipate being able to pay for their
loan and lease going forward.
Mr. Anderson noted as of October 17, Phu Bia has a lease with the City in which the business owes
$65,625 in back rent and $2,250 in late fees. They also have a loan with the City and have paid
$6,105 towards their loan. The past-due balance on the loan is $6,956.40. During a recent
discussion with Mai Y Lor, the business owner, she stated she did not have the funds to pay the
back rent and past-due loan payments. Also, Ms. Lor does not foresee the ability to add any
additional money as a mitigation plan to the monthly expenses in the near future. However, she
stated she would be able to start paying rent and the loan payments beginning November 1,
2023. Therefore, Staff has prepared a resolution modifying the loan and lease, stating their loan
and lease payment would resume on November 1, 2023. The loan is not as far behind as their lease.
It is a smaller dollar amount, and they did make a payment.
Mr. Anderson stated alternative actions against the lease would include a 15-day notice of default,
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and if not cured, the City can declare the lease terminated. The City could then immediately possess
the premises, including personal property, equipment and fixtures. The City could commence an
eviction action if the tenant remains on the premises. Also, the City could bring suit against the
lessee for the amounts owed.
Councilmember Jerzak stated he understands all the delays, some of them out of control of the
business owner, but has several concerns about it being an ongoing business, and the word that
comes to mind is a fragile business. There isn’t a lot of room for error. Also, I am concerned that
they anticipate being able to pay the rent, and although there is no guarantee for any of us and hope
that we are not prolonging the inevitable. If we forego the $65,000 that goes into the Revolving
Loan Fund that provides loans to small businesses in the City. He stated it would be unfair to
forego this amount of money as they are in a for-profit business.
Councilmember Jerzak pointed out there has been staff turnover, and there may be an issue with
the City not intervening sooner or offering more resources to the business. He cited issues with
requirements due to the proximity to the Walmart building and the covenants of other like
businesses. Has this been ironed out? This building is attached to the liquor store and was business
to ultimately offset expenses for the new store because the money goes into the General Fund.
Ultimately, it is a non-performing asset for the City. The business owner indicated there is no room
to move this forbearance to the lease to make up some kind of payment so the City could get its
money back. But if she is not open to that, he would have to make a hard decision to vote no. He
stated he doesn’t like carve-outs, meaning separate agreements every time. The business owner
entered into a good faith legal agreement, and what are our expectations for anyone else with one?
Councilmember Lawrence-Anderson asked what the build was for the shell. Dr. Edwards stated
the shell was an opportunity for micro-enterprise businesses at that time. It was part of a plan to
subsidize startup businesses.
Councilmember Lawrence-Anderson stated that the shell was built to offset the costs of building
the liquor store under Mayor Wilson. Mayor Graves noted her agreement with Councilmember
Lawrence-Anderson.
Councilmember Lawrence-Anderson stated she is uncomfortable forgiving $65,000 of taxpayer
money.
Dr. Edwards clarified subsidizing startup micro BIPOC businesses doesn't mean the revenue won't
benefit the prior construction costs of the Liquor Store. Councilmember Lawrence-Anderson
stated we were creating a significant investment in our Liquor Stores, and while we were at this,
we tacked on another building where we could rent it and make money.
Councilmember Lawrence-Anderson noted she would consider a forbearance but not outright
forgiveness.
Councilmember Butler noted her agreement with Dr. Edwards ' recollection of the purpose of the
shell building. It seems like the City is setting the business up for failure, and it would be
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irresponsible of the City to move forward with the current tenant and try to get some revenue from
that space. It sounds like we have tried to work with them for a while without success.
Councilmember Kragness pointed out there is no ensured positive outcome if the City retains the
current tenant, which concerns her.
Councilmember Jerzak asked if the business can stop investing more money. He doesn’t want to
set them out for failure, and rather than going any farther, perhaps there is a negotiated settlement
of exiting the lease amicable to both parties. Mr. Anderson stated there are products on the shelves,
but he isn't sure what they can or cannot get out of purchasing. The owner also has a sign permit
and has purchased coolers.
Mayor Graves agreed this is a difficult issue, and she received a number of emotional calls from
the owner several months ago. The mayor has discussed the issues with Staff a little. There may
have been some issues with language barriers and understanding the business opening process.
There were also issues where the owner was taken advantage of throughout the construction
process by third parties. She indicated she felt bad because she was very excited about the space
and the opportunity for the City.
Mayor Graves stated the shell space is a great idea and a wonderful opportunity for the City to
promote small businesses. She added the City can do more to better support small businesses, such
as Phu Bia, and noted Brooklyn Center had lost Staff, which could have helped in the situation.
Councilmember Jerzak moved, and Councilmember Lawrence-Anderson seconded not to adopt a
resolution approving an amendment to the commercial lease agreement with Phu Bia limited
liability company for property located at 1350B Shingle Creek Crossing and enter into negotiations
to make good on the outstanding debt.
Motion passed unanimously.
10b. RESOLUTION DIRECTING THE ADOPTION OF TRAFFIC STOP AND
CONSENT SEARCH POLICIES FOR THE BROOKLYN CENTER POLICE
DEPARTMENT
Dr. Edwards introduced the item and invited the Director of the Office of Community Prevention,
Health and Safety, LaToya Turk and Police Chief Kellace McDaniel to make the staff presentation.
Ms. Turk explained in May 2021, the City Council of the City of Brooklyn Center adopted
Resolution No. 2021-73, a resolution adopting the Daunte Wright and Kobe Dimock-Heisler
Community Safety and Violence Prevention Act . Since February 28, 2022, the Implementation
Committee has conducted regular meetings and worked with experts to gather data and consider
City Code amendments, ordinances, resolutions, policies, and guidelines concerning public health-
oriented approaches to community safety. In September 2022, the Committee developed and
prepared policy recommendations regarding traffic stops and consent searches.
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Ms. Turk pointed out that in June 2023, Staff made recommendations to the City Council regarding
traffic stops and consent searches based upon a review of the recommendations made earlier by
the Implementation Committee. Following the Staff's presentation, the Council directed Staff to
bring back a resolution adopting a policy for traffic stops and consent searches based upon Council
discussion consensus during the June meeting.
Ms. Turk stated it was the consensus of Staff to separate traffic stops and consent searches in the
subject matter. Also, it was determined that regulation for traffic stops and consent searches was
controlled by policy rather than ordinance.
Ms. Turk noted the traffic stop policy states law enforcement officers will use alternative traffic
enforcement for original causes as the sole reason for minimum and moderate safety risk traffic
stops. However, officers may stop a vehicle for original causes as the sole reason alone that they
are high-risk traffic stops.
Chief McDaniel showed a table of traffic stop safety ratings. He stated when the police department
was given this exercise, he and the Commanders put them in categories and talked about the
minimum, moderate, and maximum safety ratings.
Chief McDaniel stated it is difficult for a Chief to tell his officers not to enforce certain State laws,
as this policy would force him to do. He added he does discipline every day based on the actions
of the officers. He would continue the presentation, but he is not comfortable implementing these
policies. He added there are ways to do a teaching aspect for alternative traffic enforcement, but
the ultimate training of law enforcement is to keep the community safe.
Mr. Hill stated that based on findings and studies conducted by the Committee and City staff, the
recommended regulation of the initiation of traffic stops and consent searches is in accordance
with the goals of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence
Prevention Act. The regulations should be enacted through the adoption of policies rather than
ordinances, and standalone policies should be incorporated into the Brooklyn Center Police
Department Policy Manual. In order to allow for training and education timing, the effective policy
date would begin in March 2024. The proposed resolution also requires the Council to make any
amendments to the policy.
Councilmember Lawrence-Anderson stated she would like Chief McDaniel to be present when the
Council meets with the Implementation Committee. She explained she supports most of the
components, but a joint conversation with all parties is required for negotiations. She would like
the City Council, Implementation Committee, Community, and Police Department. The
Implementation Committee has worked very hard, and she wants to make sure the policies are
properly written and implemented.
Councilmember Jerzak noted his agreement with Councilmember Lawrence-Anderson. He noted
his preference to table the item until the Council meets with the Implementation Committee and
to allow the Council to better understand the concerns of the Police Chief.
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Councilmember Jerzak pointed out he would prefer the restrictions be made at the State level to
allow for consistency in conduct by all law enforcement agencies.
Councilmember Butler stated she isn't opposed to allowing Councilmembers more time to consider
the recommendation, though it is disappointing to hear that some Councilmembers aren't ready to
implement the recommendation. She noted her appreciation of the comments made by Chief
Kellace. Brooklyn Center has the opportunity to reimagine what public safety looks like. At the
start of the process, the City was praised for its innovation, but it has failed to come to fruition thus
far. Growing pains are expected, but the Council must make the tough calls. The process has
already taken too long.
Councilmember Kragness stated she isn't comfortable with the recommendations due to the
hesitancy noted by Chief McDaniel. She added that she has empathy for the community but does
not want to be forced into making a decision that she doesn't feel is the right decision.
Councilmember Jerzak asked if the Council could have a consensus on a hard date of when the
decision is going to be made. The process has taken a long time, and the Council needs to respect
the Implementation Committee. Mayor Graves stated the present meeting was meant to be the hard
date for a decision.
Mayor Graves pointed out there are some things the Council isn't going to agree upon. Similarly,
the community likely has a very different perspective on policies than law enforcement does. She
explained how the consent decree was implemented in Minneapolis. She would like to see a
pretextual stop policy more similar to the one created in Minneapolis in conjunction with the
Department of Human Rights.
Mayor Graves read a quote from the Stanford Law Review regarding pretextual stops and racial
profiling. Pretextual stops are not a violation of the Fourth Amendment. Data shows a statistically
significant disparity in pretextual stops between White people and BIPOC. However, the burden
of proof is on the victim to show that law enforcement targeted someone based on race rather than
traffic violations.
Mayor Graves asked if it is generally safer for someone with a broken taillight to drive around or
for someone to potentially be racially profiled. She stated she and her loved ones have experienced
racial profiling. The City has the opportunity to do better.
Mayor Graves stated some law enforcement may be hesitant, but that is to be expected when people
are told to do something they are not used to. It seems as though the argument may be about power
and control rather than safety.
Mayor Graves read the Fourth Amendment aloud. The presentation by Staff was a compromise
between multiple parties. The policy prohibits people from being harassed, and it doesn't prohibit
law enforcement from enforcing actual safety concerns.
10/23/23 -28- DRAFT
Mayor Graves read another quote about warrants, probable cause, and consent to expose one's
privacy. Many people do not know they have a Constitutional right to deny consent searches.
Consent searches are very likely to be coerced. Probable cause gives permission for law
enforcement to search based on the likelihood of productivity. Consent searches have no well-
founded justifications for a search. Law enforcement should be promoting the Fourth Amendment
rather than trying to get around it.
Mayor Graves stated she isn't going to call for a vote because it doesn't sound like the policy will
pass based on the previous comments of the Council. It is unlikely that law enforcement will
compromise more than they already have. The Staff's presentation is the product of countless
conversations among Staff, Council, and community members.
Dr. Edwards noted the consensus of the Council was to not take a vote. He suggested tabling the
item until after the Council has an opportunity to meet with the Implementation Committee.
Mayor Graves pointed out the community is clear on its preference. The lack of clarity is due to
law enforcement's support of the policy. She stated the Council needs to speak directly with law
enforcement leadership.
Dr. Edwards stated that Staff can vet the policy more and bring it back to the Council, but the Staff
feels it has already completed that step.
Councilmember Lawrence-Anderson stated she wants to be present in the room where the
discussions are happening because she is a decision-maker.
Councilmember Jerzak noted his agreement with the comments of Councilmember Lawrence-
Anderson. He stated he was taken aback by the comments made by Chief Kellace during that
evening's meeting. Councilmember Jerzak pointed out he has no desire to kill the policy, but he
needs to hear the concerns of law enforcement directly.
Mayor Graves pointed out she has consistently kept her door open to meet with law enforcement.
She hasn't felt welcome to do the same with law enforcement. The matter is meant to improve
safety for all and not be adversarial.
Dr. Edwards stated there is a process for the Council to engage with the various Departments,
which is for the Council to make requests of Staff and for Staff to return to the Council with the
request completed. He offered to facilitate a conversation between the Council and all relevant
Staff. He would gather the availability of the Staff and Implementation Committee and return to
the Council with potential meeting dates. He pointed out the entire Council won't be back together
again until mid-December.
Mayor Graves requested the meeting have proper representation from law enforcement leadership.
Mayor Graves moved, and Councilmember Butler seconded to table consideration of a resolution
adopting traffic stop and consent search policies for the Brooklyn Center police department.
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Motion passed unanimously.
11. COUNCIL REPORT
None.
12. ADJOURNMENT
Councilmember Lawrence-Anderson moved, and Mayor Graves seconded the adjournment of the
City Council meeting at 10:00 p.m.
Motion passed unanimously.
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
NOVEMBER 13, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in a Study Session called to order by Mayor Pro Tem
Marquita Butler at 6:03 p.m.
ROLL CALL
Mayor Pro Tem Marquita Butler and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, and
Teneshia Kragness. Mayor April Graves was absent. Also present were City Manager Reggie
Edwards, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Mayor Pro Tem Butler asked if there were any questions regarding the agenda or agenda items.
Councilmember Lawrence-Anderson requested the removal of Regular Session Consent Agenda
Item 6a—approval of Minutes from the agenda for further review.
Councilmember Jerzak requested Consent Agenda Item 6c. Resolution Regarding Planning
Commission Application No. 2023-006, Submitted by AWC Holdings LLC, for Conversion of an
Existing Two-Tenant Building to an Approximately 10,200-square restaurant and Bar
(Nightclub) and 704-square outdoor Patio (5927 John Martin Drive), be removed from the
Consent Agenda and added to Planning Commission Items as 9b. Resolution Regarding Planning
Commission Application No. 2023-006, Submitted by AWC Holdings LLC, for Conversion of an
Existing Two-Tenant Building to an Approximately 10,200-square restaurant and Bar
(Nightclub) and 704-square outdoor Patio (5927 John Martin Drive).
MISCELLANEOUS
Councilmember Jerzak noted his disagreement with correspondence received from Phu Bia. He
doesn’t believe the Council wanted Staff to negotiate a payment plan. Even if that were true, the
Council should have reviewed any payment plan before agreeing.
City Manager Reggie Edwards stated the motion before the Council was to amend the lease
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agreement to waive the $65,000. The Council was opposed to amending the agreement or
waiving the $65,000. Then, staff determined a payment plan was the best option to get the
$65,000. The Council didn’t want the business to fail or to receive a payment of less than
$65,000.
Councilmember Kragness stated the business previously said they couldn’t come up with any
more money. She asked if the $65,000 was paid. Dr. Edwards explained staff worked with the
business to pay the $65,000 over time.
Councilmember Kragness asked why the Council didn’t have an opportunity to approve the
payment plan. Dr. Edwards stated the Council denied amending the agreement or waiving the
$65,000. The Council asked staff to obtain a method to receive $65,000, and there wasn’t a
policy issue to bring back to the Council. Instead, staff completed the direction of the Council.
Councilmember Jerzak stated he made the original motion, and it was clear. He understood that a
legal process would begin if the loan were to default. There is no sense in going after personal
guarantees. His expectation was for Phu Bia to be treated like any other business. He asked if the
Council was misled to believe the business owner couldn’t afford additional monthly payments.
Dr. Edwards stated he listened to the recording of the meeting in question. The motion made by
Councilmember Jerzak was specific not to forgive the past due amount and directed staff to reach
an agreement with the business owner.
Councilmember Lawrence-Anderson stated her perspective was that the debt would not be
forgiven, and the eviction process was to begin. She wants the Council to be involved in
whatever payment plan is in place. She asked how the business could afford a payment plan
suddenly.
Councilmember Jerzak noted his agreement with Councilmember Lawrence-Anderson. He
hoped for the default to be cured and avoid any punitive action.
Councilmember Kragness stated she is concerned for the business and doesn’t want the City to
set them up to fail. The owner indicated they couldn’t afford additional payments, and she didn’t
want to encourage the owner to pour more money into a failing business.
Councilmember Jerzak explained that although he stands by what he said, he would consider the
payment plan if the Council could review the plan.
Councilmember Lawrence-Anderson stated she wants the Council to review the payment plan
structure. It was concerning that the business was allowed to default in the amount of $65,000
under the supervision of staff.
Dr. Edwards suggested staff return to the Council with the payment plan and its details. He
requested that the Council allow staff to do the work they are directed to do.
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Mayor Pro Tem Butler explained the Council seemed to be on the same page, but she
understands how Dr. Edwards could have come to his conclusion. She wants the business to
thrive but also to recoup the money. It is unlikely the City would see the money through an
eviction process.
Councilmember Lawrence-Anderson stated because the Council was uninformed about missing
payments for several months, they must be involved in the payment plan process. The staff didn’t
perform adequately.
Councilmember Kragness added if there was potential for a payment plan with the business, it
should have been done before the issue was brought to the Council for a vote. The Council
believed all other options besides eviction had been exhausted. Councilmember Jerzak noted his
agreement with Councilmember Kragness. He insisted on the implementation of the consensus
of the Council.
Mayor Pro Tem Butler stated the Council wants the Council to approve the payment plan during
a public meeting formally and then regular updates on the payment plan. Councilmember
Kragness stated the process is abnormal because the ball was dropped multiple times in the
process already.
Dr. Edwards stated the business likely felt pressure to consider alternative options they hadn’t
considered after the Council wasn’t willing to forgive the loan. It doesn’t mean the Staff wasn’t
diligent in their responsibilities.
Councilmember Kragness added the business may have come off as disingenuous.
It was the consensus of the Council to approve the payment plan during a public meeting and
then regular updates on the payment plan.
Councilmember Jerzak stated he is confused about the staff’s ability to make recommendations
with variable reasoning. The Council needs to rely on staff’s recommendations due to their
expertise. He referenced waiving the necessary 59 parking spaces from a development project.
He asked for clarity on why Staff cannot make recommendations.
Dr. Edwards explained staff doesn’t generally provide recommendations. It is their role to
provide options and related pros and cons. The staff doesn’t want to bias the procedure in any
way to allow the Council to make a decision based on neutral presentations. If the Council asks
for recommendations, staff may return to the Council with an additional presentation as
appropriate. Dr. Edwards added that staff tries to avoid political spaces as it isn’t their role.
Dr. Edwards stated the options related to the parking spots were presented as a way to improve
the development process. They wanted the Council to be aware of all options.
City Attorney Jason Hill noted any application received by the City will ultimately be brought up
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to the Council. The Planning Commission has a legal obligation to make a recommendation to
the Council for items they review. The staff has to bring the item to the Council, whether or not
they support the application. Planning Commission items are initially presented to the Council in
an informational format before requiring a final yes or no vote. It allows for more discussion and
questions to be addressed. The informational formatted item usually results in the Council
directing Staff to prepare a resolution approving or denying the application. If unanimous, the
resolution may be added to the Consent Agenda. Otherwise, it would be on the Regular Session
agenda for discussion.
Councilmember Jerzak stated the item was on the Consent Agenda. Mr. Hill stated it was not a
Consent Agenda item.
Councilmember Jerzak stated he is still befuddled with the new process and wishes it was
explained more fully to the Council. As for the parking variance, approving the request would set
an inappropriate precedent. The lack of parking would ultimately lead to police issues. There
were other issues with the application as well.
Councilmember Lawrence-Anderson noted her appreciation that the Staff doesn’t want to bias
the Council. However, the City hired professionals in their respective fields, and the Council
expects to hear their professional recommendations. She has been on the Council for 11 years,
and Staff has always given their input when asked. Therefore, she requested Consent Agenda
Item 6c. Resolution regarding Planning Commission Application No. 2023-006, Submitted by
AWC Holdings LLC, for Conversion of an Existing Two-Tenant Building to an Approximately
10,200-square restaurant and Bar (Nightclub) and 704-square outdoor Patio (5927 John Martin
Drive) be removed from the Consent Agenda. They are added to Planning Commission Items as
9b. Resolution regarding Planning Commission Application No. 2023-006, Submitted by AWC
Holdings LLC, for Conversion of an Existing Two-Tenant Building to an Approximately 10,200-
square restaurant and Bar (Nightclub) and 704-square outdoor Patio (5927 John Martin Drive).
Councilmember Kragness agreed she relies on the expertise of Staff in the voting process. Staff
should disclose any potential issues to the Council during presentations.
Mayor Pro Tem Butler agreed she didn’t appreciate how the item was handled in the previous
meeting. If staff is going to change processes on how they handle presentations, it should first be
discussed in a Work Session.
ADJOURNMENT
Mayor Pro Tem Butler adjourned the Study Session at 6:34 p.m.
11/13/23 -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
NOVEMBER 13, 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 Pro
Tem Butler at 6:45 p.m.
ROLL CALL
Mayor Pro Tem Marquita Butler and Councilmembers Lawrence-Anderson, Dan Jerzak, and
Teneshia Kragness. Mayor April Graves was absent. Also present were City Manager Reggie
Edwards, Director of Fiscal & Support Services Angela Holm, Community Development Director
Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Director of the Office of
Community Prevention, Health and Safety LaToya Turk, Assistant City Manager/City Clerk Barb
Suciu, and City Attorney Jason Hill.
Mayor Pro Tem Butler opened the meeting for the Informal Open Forum.
Isaac C. introduced himself as Director of Governmental Affairs for the National Association of
Hispanic Real Estate Professionals. He stated there are 100 chapters throughout the United States,
and he is part of the Twin Cities chapter. They champion homeownership for Hispanic folks
throughout the Metro area. Participants do not need to be Spanish-speaking or Latinx to be part of
the chapter. Instead, they are looking for allies and partners that support the mission. He shared
statistics about the growing Hispanic homeownership group. He shared copies of the report with
the Council. The Council should consider the statistics when making housing policy and
development decisions. Family and economic prosperity are highly valued in the Latinx
community, which makes the community so powerful.
Carol L. pointed out she previously spoke to the Council regarding 5936 Fremont Avenue North,
which belongs to her son. There were issues with the signed leasing agent, and her son has received
fines due to the leasing agent’s negligence. He has already had to pay for the rental license
independently, and additional charges are added to the property taxes. Her son is working two jobs
with open abscesses on his back to afford the additional charges. The leasing agent has been fired,
but her son has to work on some repairs to the property before he can make any money on it, be it
through a sale or renting.
Jeff L. explained he tried to attend the public meeting on November 9, 2023. However, he was
denied entrance by intervenors. He was brought to a separate room with a TV to view the meeting,
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but the audio and visual components were poor. The behavior of the intervenors was appalling and
aggressive. One of the intervenors wore a face mask and refused to identify himself. The
intervenors did not promote a safe environment.
Jeff L. stated he thinks the City violated open meeting laws. He asked if the City employed the
intervenors. He asked who gave them the authority to keep people out of an open meeting. He
asked who was responsible for overseeing the intervenors. He asked how much the City is paying
the intervenors. The intervenors should not be allowed to serve in such a capacity.
Jeff L. pointed out that the City already has limited financial resources, and they should not embark
on social experiments with taxpayer money. He read statistics on the property taxes paid in various
suburbs, and Brooklyn Center was the highest.
Jeff L. added it is inappropriate for the Council to direct law enforcement to violate State and
Federal laws.
Julie B. noted she asked for accommodations for the open forum as standing at the podium isn’t a
healthy option for her. She thanked Dr. Edwards for his assistance. She offered extra seeds from
her garden.
Julie B. explained she wrote a letter to the Council but wanted it to be reflected on the record. She
read the letter from her phone. The letter was regarding November 9, 2023. She thanked staff and
the Council for creating a safe space for the participants to discuss and get to the heart of the issue.
The work has been difficult and scary. She has had to hire private security to attend public meetings
with her, and she has had to put her daughter in safe houses since participating in the
Implementation Committee.
Julie B. acknowledged she asked for no media to be present at the meeting and for intervenors to
be present at the meeting to help her feel safer. People trying to force themselves into the meeting
was frightening. If her daughter had been present, it would have also been frightening for her.
Many community members have been approached and made to feel unsafe in the community,
including in their own homes. Overall, it was one of the first meetings she had attended in the City
that she felt safer.
Mayor Pro Tem Butler noted it was 7:02 p.m., but an individual has been waiting to comment since
the beginning of the Informal Open Forum. She asked if the Council was comfortable extending
the time to allow the commenter to speak. The Council agreed.
Alfreda D. pointed out there is a difference in how different Staff are received by the Council when
presenting, particularly Black Staff members. The disrespect is clear to the greater community.
She asked if the Council has any accountability measures to address the disrespect issue.
Alfreda D. added she attended a recent Council meeting on behalf of Jambo Africa. A certain
Councilmember abstained from the vote. She stated she has a video recording from a few years
ago of the same Councilmember vowing to get Jambo Africa shut down and prevent them from
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conducting business in the City. The City will be sued if the Councilmember votes against Jambo
Africa’s application.
Councilmember Kragness moved, and Councilmember Jerzak seconded to close the Informal
Open Forum at 7:02 p.m.
Motion passed unanimously.
2. INVOCATION
Mayor Pro Tem Butler acknowledged veterans and their service to the Country. The Veteran’s Day
event was well-received, though she could not attend.
Mayor Pro Tem Butler pointed out it is Native American Heritage Month. She read a statement
about Native American history. All year long, the origin of the United States should be considered.
She read a quote from Indigenous leader Sharice Davids, “Strong alliances can thrive even where
disagreements exist, but they cannot thrive where free and open communication is shut down.”
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in a Regular Session called to order by Mayor Pro Tem
Butler at 7:04 p.m.
4. ROLL CALL
Mayor Pro Tem Marquita Butler and Councilmembers Lawrence-Anderson, Dan Jerzak, and
Teneshia Kragness. Mayor April Graves was absent. Also present were City Manager Reggie
Edwards, Director of Fiscal & Support Services Angela Holm, Community Development Director
Jesse Anderson, Planner and Zoning Administrator Ginny McIntosh, Director of the Office of
Community Prevention, Health and Safety LaToya Turk, 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
Councilmember Jerzak moved, and Councilmember Kragness seconded to approve the Agenda
and Consent Agenda, as amended, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. October 23, 2023 – Study Session
2. October 23, 2023 – Regular Session
The meeting minutes were removed from the Consent Agenda.
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6b. LICENSES
MECHANICAL
AJ Mechanical LLC 8939 Kirkwood Circle N,
Maple Grove 55369
Vu Pham Inc. 12409 Midway Circle NE,
Blaine 55449
RENTAL
INITIAL (TYPE IV – six-month license)
3815 Oak Street D & T Properties, LLC
5124 66th Avenue N Dominic T Minor
INITIAL (TYPE II – two-year license)
1510 69th Avenue N Julius Cochran
922 53rd Avenue N CASA VERDE LLC
RENEWAL (TYPE IV – six-month license)
7200 Camden Avenue N Namaka Evergreen, LLC
707 69th Avenue N HP MINNESOTA I LLC
5006 France Avenue N A&M Estate Services Llc
5301 France Avenue N Juniper Land Trust Llc
5410 Girard Avenue N Cel Monton Llc
5661 Northport Drive Allan Kemboi
5949 Vincent Avenue N Royal Priesthood Llc
6113 Quail Avenue N SFR ACQUISITIONS 3 LLC
6131 Bryant Avenue N Jun Wang & Jinxiu Wang
6413 June Avenue N Cel Monton Llc
6418 Major Avenue N V Summers & J Summers
6701 Scott Avenue N Royal Priesthood Llc
6725 Bryant Avenue N Vong Duong & Ngoc-Kieu Huynh
11/13/23 -5- DRAFT
6800 Quail Avenue N Emmanuel Williams
6912 Unity Avenue N Geri L Williams
RENEWAL (TYPE III – one-year license)
4210 Lakebreeze Avenue N Simons Revocable Trust
1300 72nd Avenue N Scott & Marinela Selseth
2806 65th Avenue N A-jelil Abdella & N Said
3101 61st Avenue N Janice K Leonard Rev Trust
4506 71st Avenue N Obafemi Oladeji
5351 Irving Avenue N Cel Monton Llc
6001 Admiral Place IH2 PROPERTY BORROWER LP
6116 Aldrich Avenue N BRIDGE SFR IV SEED BWR LLC
6349 Halifax Avenue N Qiang K Fang
6912 Logan Avenue N Hpa Borrower 2017 1 Llc
RENEWAL (TYPE II – two-year license)
1519 Humboldt Place N Johnson Organization Inc
1525 Humboldt Place N Johnson Organization Inc
1543 Humboldt Place N Peter Imasuen
1549 Humboldt Place N Johnson Organization Inc
5640 Fremont Avenue N Cel Monton Llc
6800 Fremont Place N Sharon Mcgary
7212 Lee Avenue N Qiang K Fang
RENEWAL (TYPE I – three-year license)
2307 54th Avenue N James J Johnson
4207 Lakeside Avenue N, #339 Nathan J Greiner
1555 Humboldt Place N Johnson Organization Inc
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1600 69th Avenue N Hieu C Vo
3819 Burquest Lane Amir Chaboki
5312 Queen Avenue N Renee Anoje
5348 70th Circle Xin Zhou
5352 72nd Circle Alkis Michaelides
5447 4th Street N Infinite Property LLC
5700 Camden Avenue N Danmark Properties Llc
5821 Ewing Avenue N Ih2 Property Illinois Lp
7110 Riverdale Road Acr Alta Vista Inc
SIGNHANGER
Apparently Graphic, LTD 8870 Zealand Avenue N,
Brooklyn Park 55445
Vision Sign Company LLC 704 11th Avenue SW,
Isanti 55040
6d. RESOLUTION NO. 2023-101; DECLARING NOVEMBER 25, 2023, AS
SMALL BUSINESS SATURDAY IN THE CITY OF BROOKLYN CENTER
6e. RESOLUTION NO. 2023-102; ESTABLISHING 2024 STREET AND
STORM DRAINAGE SPECIAL ASSESSMENT RATES
6f. RESOLUTION NO. 2023-103; ESTABLISHING INTEREST RATE FOR
2024 SPECIAL ASSESSMENTS
6g. RESOLUTION NO. 2023-104; DECLARING COSTS TO BE ASSESSED
AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL
ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2024-01,
ORCHARD LANE EAST IMPROVEMENTS
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. 2024 RANDOM ACTS OF KINDNESS CITY COUNCIL PRESENTATION
City Manager Reggie Edwards introduced the item and invited the Office of Community
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Prevention, Health and Safety Director LaToya Turk to continue the Staff presentation.
Ms. Turk explained that the Random Acts of Kindness program was established in 1997. In 2021,
the City of Brooklyn Center proclaimed and designated October 25th as Random Acts of Kindness
Day. The focus is to honor Brooklyn Center community members who make the City a wonderful
place to live and work.
Ms. Turk noted the additional nomination options, enhanced media promotion, community
engagement efforts, communications efforts, and additional invitations significantly increased the
number of nominations received by the City.
Ms. Turk showed a video from the 2022 event. She pointed out nominees will be recognized by
the City Council and presented a certificate of appreciation at a separate celebration on Saturday,
November 18th, 2023, at the Brooklyn Center Community Center-Constitution Hall from 12:00
p.m. to 3:00 p.m.
Mayor Pro Tem Butler asked if anyone on the Council could attend the event. Councilmember
Lawrence-Anderson stated she would be in attendance.
Councilmember Kragness stated that Allan Hancock nominated the Brooklyn Center Lions Club
for the Cone with a Cop event. Allan Hancock nominated Mandora Young for teaching Hmong
Paj Ntaub to community members. Darryl Sannes was nominated by Allan Hancock for cleaning
and gluing storm drains in his neighborhood. Chuck Humke was nominated by Allan Hancock for
helping to shovel neighbors’ driveways.
Councilmember Kragness stated Christina Jones and Lydia Shields were nominated by Armando
Ostr for their work at the Brooklyn Center Community Schools Health Resource Cente r. Sandy
Becker was nominated by Arvid Sorsenson for cleaning the 252 bus shelter weekly, collecting
glasses for those in need, serving as a co-chair for a blind dinner club, and planning the annual BC
Lions Club potluck. Erwin Heisler was nominated by Arvid Sorenson for doing weekly shopping
for a blind person, serving as a co-chair for a blind dinner club, and planning the annual BC Lions
Club potluck.
Councilmember Kragness stated Madeline Mork and Wendy Christenson were nominated by
Brenda Johnson for their work with the Buy Nothing Project. Michelle Aud was nominated by
Darnell Hancock for offering yoga classes at the Thursday Farmer’s Market. Joan Schonning was
nominated by Darnell Hancock for hosting a Treasure Swap and donating extra items to ARC.
Councilmember Lawrence-Anderson stated Diane Sannes was nominated by Darnell Hancock for
delivering bagels to schools instead of allowing them to go to waste. Susan Arneson was nominated
by Darnell Hancock for hosting Cones with a Cop.
Councilmember Lawrence-Anderson stated the Igbo Women’s League of Minnesota Amrill
Okonkwo was nominated by Darryl Sannes for providing free COVID shots to the community.
The Yang family was nominated by Darryl Sannes for picking up trash around Palmer Lake. Kim
Kenny was nominated by Darryl Sannes for picking up trash in the community.
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Councilmember Lawrence-Anderson stated Michael Crenshaw by David Blas for doing yard work
for neighbors, even despite medical issues. Pastor Ruth Ann Ramstaed and BUMC Church was
nominated by Diane Sannes for their work with the Thursday Farmers Market. Jill Dalton and Jack
MacMillian were nominated by Diane Sannes for serving as master recyclers. BC Cub Manager
Jamar Hester was nominated by Diane Sannes for providing discounted food for school students.
Megan Lindstrom of Doherty Staffing was nominated by Diane Sannes for hosting Cones with a
Cop.
Mayor Pro Tem Butler stated Russell Waisanen and Richard Kopf were nominated by Ginny Exel
for helping her care for her home. Lois Hattenberger was nominated by Ginny Exel for helping
her neighbors and volunteering at church. Kathy and Don Winn were nominated by Ginny Exel
for helping her after a medical incident and serving at the church.
Mayor Pro Tem Butler stated Barb Suciu was nominated by John Solomon for going above and
beyond her Staff role to serve community members. Kavess’e Wicher was nominated by John
Solomon for helping an elderly and ill neighbor. Pamela Solomon was nominated by John Solomon
for caring for elderly and ill neighbors. Kim Jones was nominated by John Solomon for going
above and beyond her role as a Receptionist at Brooklyn Center High School to get to know and
serve students in need.
Mayor Pro Tem Butler stated the Brooklyn Center Garden Club was nominated by John Trautmann
for cleaning out weed overgrowth and planting gardens in the community. Mayor Pro Tem Butler
stated Rebecca Walker was nominated by Julie Bourque for being a generous neighbor. Diana
Bourque was nominated by Julie Bourque for helping elderly neighbors navigate various medical
needs.
Councilmember Jerzak stated the whole McDonald’s Morning Crew including Melissa
Morehouse, Chance Thao, Terrance Tate, Suzy Juarez Parez, Roxana Cruz-Lozano
Ariel Ortega Peralta, Sandra Domingo, Silvia Lozano, Alberto Vazquez, Maria Ibarra Carillo,
Daniel Miranda, Victor Marquez, Brigida Martinez-Rubio, Cesar Berrera, Marina Olmeda, and
Ezequial Aredondo by Julie Bourque for making everyone’s days brighter. David Yang was
nominated by Julie Bourque for generosity shown toward neighbors.
Councilmember Jerzak stated Jan Tieden was nominated by Karen Jacobson for cleaning up parks,
planting gardens, and more with her daycare children. Pastor Jim Verbout was nominated by Kathy
Winn for going above and beyond his duties as Outreach Pastor at Lutheran Church of the Master
including building relationships with Brooklyn Center’s Fire and Police Departments, collecting
food and clothing donations, building beds for the homeless, mentoring youth, organizes a food
pantry, and more.
Councilmember Jerzak stated Craig Phillips was nominated by Mary Senner for plowing their
driveway multiple times. Eddie Chesmer was nominated by Nancy Lundgren for serving his
neighbors. Lowell Kpanyor was nominated by Raquel Goutierez for his kindness and engaging
presence at the Block Party. Gladys Castellano was nominated by Raquel Goutierez for the work
she does that goes unnoticed.
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Councilmember Jerzak stated Keevin Miller was nominated by Reese and Denise Fadina for
helping out his neighbors. Derrick and Andrea Lanz were nominated by Robin Hall for helping
with snow removal.
Councilmember Kragness stated Greg and Donna Jones were nominated by Robin Hall by helping
with snow maintenance.
Councilmember Lawrence-Anderson stated Butch Zang and Jeff Foss were nominated by Robin
Brisse to help a teenager to repair his bike.
Mayor Pro Tem Butler stated the Brooklyn Center Lady Lions Club was nominated by Susan
Arneson for cleaning bus shelters, donating diabetes kits, cleaning parks, hosting Cone with a Cop,
driving seniors to appointments, and more.
Councilmember Jerzak stated Soldiers 6 was nominated by Fire Chief Todd Berg and Police
Commander Tony Gruening for helping the City get their two compassion dogs.
Councilmember Kragness stated TaLeia “ACE” Thomas was nominated by Tom Agnes for
immediately giving the shoes she was wearing off her feet to a homeless man.
Ms. Turk added there is a Community Engagement Connector Award for leaders who engage and
connect the Brooklyn Center community to needed resources. The 2023 Award goes to Brooklyn
Center Community Schools Health Resource Center and Northwest Family Resource
Collaborative.
8. PUBLIC HEARINGS
None.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2023-007, SUBMITTED BY 7100
BROOKLYN BLVD LLC, FOR CONVERSION OF A FORMER CREDIT UNION
AND OFFICE BUILDING INTO A 17-UNIT MULTI-FAMILY RESIDENTIAL
BUILDING AND RELATED IMPROVEMENTS (7100 BROOKLYN
BOULEVARD)
Dr. Edwards introduced the item and invited City Planner and Zoning Administrator Ginny
McIntosh to continue the Staff presentation.
Planner and Zoning Administrator Ginny McIntosh explained 7100 Brooklyn Blvd. LLC is
requesting review and consideration of a proposal to convert a former credit union and office
building located at 7100 Brooklyn Boulevard into a 17-unit multi-family residential building.
According to Hennepin County records, the property was sold to the current owner in March 2023.
Section 35-7605 that a significant amendment to an approved site and building plan shall be
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triggered under specific outlined scenarios, including a “20 percent or greater change in the number
of residential units.” A review of a significant amendment under the City’s Unified Development
Ordinance shall follow the procedure for issuing a new site and building plan approval. This
threshold is triggered as the proposal would result in a 100-percent change in the number of
residential units.
Ms. McIntosh showed images of the site and the views from the site. At one point, the property
was the Brooklyn Center City Hall. In 1985, there was approval for a site and building plan and a
special use permit for construction of a two-phase office building development. The second
building was never built. True mixed-use districts were not in place until the adoption of the City’s
UDO, but the former code did allow for limited non-residential uses within its higher-density
multi-family residential districts.
Ms. McIntosh stated the office uses were limited to lower intensity C1 uses such as financial,
employment, legal offices, and medical offices. The general sense was that limited office uses were
permitted through special use permits where their intensities would not conflict with multi-family
residential users. The subject property was rezoned in January 2023 for multi-family residential
and commercial uses.
Ms. McIntosh pointed out City Staff worked with the former owner and new owner in early 2023
to prepare an access easement and utility facilities agreement to ensure the City had access to the
stormwater pond.
Ms. McIntosh stated the proposed 17-unit multi-family residential building would have limited
alterations to the property's exterior. The proposal falls within density allowances and is actually
on the lower end. The proposal is in line with the City’s 2040 Comprehensive Plan. The unit mix
would include five studios, 11 one-bedroom, and one two-bedroom. She showed an image of the
site and building plan.
Ms. McIntosh stated the proposed conversion from the existing office building use to multi-family
residential would result in limited impacts on the existing exterior areas of the Subject Property.
Although there are plans to remove an existing standalone ATM located at the western edge of the
property, re-stripe and remove certain parking within the surface parking lot, and install a new,
expanded trash enclosure along the eastern edge of the property, almost all work would be
contained to the interior of the building.
Ms. McIntosh added there are no plans to alter the existing curb cut, which is located off the east
side of Brooklyn Boulevard and provides full vehicular access to and from the Subject Property.
Similarly, there are no significant plans to alter the existing surface parking lot and circulation,
given that most work would be contained to the interior of the former office building.
Ms. McIntosh pointed out a multi-use trail currently runs parallel to the property line of the Subject
Property and along Brooklyn Boulevard. The 723 Metro Transit bus line provides service at stops
just off the property, with service by the 761 line to the north. Following communication with City
Staff, the applicant revised their plans to incorporate a bike rack to the east side of the building.
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Ms. McIntosh stated the property appears to have 64 parking spaces available to date, although
some of the parking spaces appear too narrow for parking purposes. As proposed, the applicant
intends to remove five parking spaces located just outside the doors located on the east side of the
building to allow for the turning movements necessary for a garbage truck and the bike rack and
an additional five parking spaces at the northeast end of the parking lot to accommodate the new
trash enclosure. The City’s Unified Development Ordinance, as outlined under Section 35-5506,
notes a maximum provision of two parking spaces per dwelling unit in multi-family residential
situations. Assuming 17 dwelling units, a maximum of 34 parking spaces is required per Code.
Ms. McIntosh noted that the submitted plans denote a total impervious surface coverage of 76
percent, which falls below the City’s newly outlined maximum impervious coverage of 80 percent
for Neighborhood Mixed- Use District properties. As the property is non-conforming with respect
to setback regulations and parking lot placement as outlined under the Neighborhood-Mixed Use
District provisions, City Staff would welcome future opportunities to provide residents with
additional outdoor amenity space.
Ms. McIntosh pointed out, as demonstrated in the submitted plans, that the minimum drive aisle
widths and dimensional standards outlined within Section 35-5504 appear to be met. To manage
parking and as part of the plan updates, the Applicant also intends to provide dedicated parking
space for each unit and to manage parking.
Ms. McIntosh explained that an original photometric plan submitted as part of the October 12,
2023 report contained a number of deficiencies with the lighting requirements as outlined under
the City Code for open-air parking lots, fixture types, and illumination levels concerning the
neighboring uses. In response to City Staff comments, the applicant worked with a different
lighting contractor to revise the lighting plans per City Code requirements. Any and all lighting
and fixtures shall comply with City Code provisions as outlined under Section 35 -5400. The
revised plans generally fall within the allowable open-air parking lot illumination levels permitted
under the City Code. Similarly, the proposed light poles are noted as 20 feet in height, which falls
within the maximum allowable pole heights, and the wall fixtures have since been revised from
wall packs, which are not permitted except for service/loading areas, to LED wall
sconces.
Ms. McIntosh added that the illumination levels along the building have also since been reduced
following City Staff concerns regarding excessive lighting and potentially negative impacts on
abutting single-family residential properties. Given the proximity of single -family residential to
the north, it is important that any and all lighting limits glare and light spill into the backyards of
these properties. Although the wall fixtures generally meet the minimum illumination levels for
primary entrances and exits, City Staff requests additional illumination levels for the lighting over
the exit door located on the north elevation.
Ms. McIntosh noted an existing trash enclosure is located on the east side of the Subject Property;
however, the applicant proposes to replace and relocate the trash area further to the east, towards
the edge of the parking lot. The existing trash enclosure would be removed, and the area would be
re-purposed for snow storage. When City staff first met with the applicant, concerns were raised
about a garbage truck’s ability to navigate this area as it appeared there were no areas to turn
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around. This would have required a garbage truck to pick up trash at the eastern edge of the parking
lot and navigate in reverse back towards the Brooklyn Boulevard entrance before turning around.
Ms. McIntosh stated city staff requested the applicant provide a turning diagram showing that a
typical garbage truck could make the turning movements. Following this, the applicant’s team
revised the site plan to make alterations to the east portion of the parking lot and removed the
parking located just outside the east doors to allow for maneuvering. A turning movements diagram
was provided that demonstrates the ability of a 30-foot-long truck to navigate the trash enclosure
and parking lot area. city staff had previously requested striping and signage to ensure no one
parked or obstructed this area; the civil plans have since been revised to indicate a paint ed access
aisle with white cross-hatching.
Ms. McIntosh explained that the new, expanded trash enclosure would be constructed of brick or
stone to match the existing brick building and with precast concrete caps. The enclosure appears
to feature wooden, opaque doors. Although no measurements are provided, the new trash enclosure
should be located at least five feet off the interior property line. All ground-mounted equipment
over 30 inches in height or greater than 12 cubic feet shall be effectively screened from public
view. Similarly, roof-mounted equipment shall be screened from view through parapets, wall/
fencing materials, or paint compatible and complementary to the building.
Ms. McIntosh pointed out that city staff noted clear visibility to the neighboring single-family
residential to the north in visiting the Subject Property. Although the City approvals noted under
Planning Commission Application No. 85011 acknowledged an existing cedar hedge along the
north and east property lines as an appropriate method of screening from the residential uses, it
was also stipulated that replacement screening would be required were it to fail.
Ms. McIntosh stated although there is an existing chain link fence in place, city staff requested the
applicant revise the screening along the north property line to comply with the City’s sc reening
standards and specifically to minimize the negative impacts of vehicle lights shining into single-
family residential yards as they navigate the parking lot. Following the Planning Commission and
public hearing on October 12, 2023, the applicant requested city staff allow for the revision of
plans to address comments made by Brooklyn United Methodist Church for a privacy fence along
the northern property line and to address City Staff comments.
Ms. McIntosh stated there are no plans to alter the ex terior of the building, except for some
identified tuckpointing required on the existing brick exterior. A new engineered canopy would be
installed over a proposed exterior mailbox area outside the main doors to match the existing main
entry canopy. City Code requires no less than 60 percent face brick, natural or colored stone, pre-
colored or factory stained or stained on-site textured pre-cast concrete panels, textured concrete
block, stucco, glass, fiberglass, or similar materials. Although this requirement appears to have
been met, city staff requests a rendering with a schedule breakdown of building materials by
percent.
Ms. McIntosh pointed out a previously approved landscape plan on file for the Subject Property,
approved in 1985 under Planning Commission Application No. 85011; City Staff requested the
applicant work off this plan as a baseline. It should be noted that the approved landscape plan
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contemplated the two-phase development; therefore, certain plantings contemplated in the original
1985 plan were never installed.
Ms. McIntosh noted that the applicant provided a preliminary plan schedule and landscape plan,
which was reviewed as part of the October 12, 2023 report. At the time, City Staff noted that, while
Green Ash trees are native to Minnesota, they have generally been overplanted and are becoming
less and less familiar with the presence of Emerald Ash Borer in the State. City Staff requests the
applicant determine if there are any opportunities to treat the trees, given their deteriorating
condition. If not, city staff requests the applicant work with a City-approved certified arborist to
remove the trees to minimize the spread of Emerald Ash Borer.
Ms. McIntosh explained the applicant has since revised the landscape plans to incorporate ten
additional Isanti Redosier Dogwoods. An underground irrigation system must be installed in all
landscaped areas to help facilitate site maintenance, as noted in the 1985 approvals. The submitted
landscape plan identifies existing turf and irrigation lines intended to remain and new drip
irrigation to be installed around the building foundation planting areas.
Ms. McIntosh added that in reviewing the submitted initial landscape plans, city staff noted that a
considerable area along the northern property line was proposed to install wood mulch, which is
considered a temporary ground cover. Although edging can be utilized to help contain the mulch,
city staff expressed concern with the proximity of this area to the City’s stormwater pond and that
a portion of this area is intended for snow storage. With this in mind, city staff requested the
applicant identify alternative landscaping measures for this area. The applicant has since revised
the landscape plans to reflect the installation of rock mulch in those areas surrounding the trash
enclosure and snow storage areas before transitioning to wood mulch along the property line area.
Ms. McIntosh stated the applicant requested reuse of the existing sign cabinet at the top of the
building and facing Brooklyn Boulevard, which is approximately 61 square feet. Any new signage
would be required to comply with the provisions outlined within Section 35-6000 of the City Code.
Although the sign size appears to exceed the City’s maximum wall size provisions for multiple
family dwelling units, Section 35-6300 stipulates that “nonconformities will generally be
permitted to continue under the provisions of this Code;” therefore, it is interpreted that a
replacement panel would be permitted. Should the wall sign be majorly altered or the cabinets
replaced in the future, the sign would be required to comply with City Code requirements.
Ms. McIntosh confirmed engineering reviewed plans and provided a memo dated October 4, 2023.
Existing comments still stand. The applicant will need to revise parking signage as part of ADA
compliance and obtain any potential permitting from Hennepin County.
Ms. McIntosh added the Building Official conducted a cursory review on October 9, 2023. The
applicant must comply with comments as part of any permitting. A fire sprinkler and monitoring
system is required for installation, ADA regulations must be met concerning any building or site
improvements, a SAC determination shall be submitted to the Metropolitan Council, and approvals
from the Hennepin County Health Department must be approved.
Ms. McIntosh noted a CPTED review is to be completed by city staff, and a rental license must be
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applied for and maintained prior to any occupancy.
Ms. McIntosh pointed out that a public hearing notice was published in the Brooklyn Center
Sun Post and mail notifications were sent to all physical addresses within 350 feet of the subject
property.
Ms. McIntosh noted on October 4, 2023, city staff received a voicemail from a business owner
located within the Boulevard Plaza office condominiums, located just south of the Subject
Property. On October 6, 2023, city staff received a letter with an attached petition of signatures
from 31 individuals operating out of the Boulevard Plaza office condominiums. The letter outlined
various concerns, such as changing the area's environment to a residential area rather than a
business district, safety concerns, increased traffic, dumping concerns, and privacy concerns.
Ms. McIntosh stated on October 11, 2023, city staff received an email from the representation of
Brooklyn United Methodist Church, who indicated a “vested interest in the housing proposal
because our parking lot abuts the property in question.” They inquired about the proposal and
requested the installation of a privacy fence between the subject property and the overflow lot. A
follow-up email was sent to city staff following the public hearing.
Ms. McIntosh noted that Pham-Vang Optometry, who initially signed the petition letter presented
by the Boulevard Plaza office condominiums, submitted a separate letter of petition following the
public hearing on October 13, 2023.
Ms. McIntosh stated the Planning Commission posing questions regarding the availability of
outdoor amenity space, safety and security within the building, the types of tenants likely to occupy
the building, the availability of on-site management, and opportunities to address concerns
addressed by neighboring property owners. Following the close of the public hearing, the Planning
Commission recommended denying the requested site and building plan with a 3-2 vote.
Ms. McIntosh added that the Housing Commission reviewed the proposal at their October 17,
2023, meeting and generally favored the proposed conversation. They cited housing diversity and
choice as part of the support. They had questions regarding how neighboring business owners'
grievances might be addressed.
Ms. McIntosh explained overall, the proposal generally meets the minimum requirements outlined
under the City’s Unified Development Ordinance and Section 35-7604. There are two proposed
options before the Council. The first option is a motion to direct staff to prepare a
resolution approving the site and building plan (major amendment) as outlined in Planning
Commission Application No. 2023-007, which would convert a former credit union and office
building to a 17-unit multi-family residential building, subject to the outlined conditions of
approval. The second option is to direct Staff to prepare a resolution denying the site and building
plan (major amendment) as outlined in Planning Commission Application No. 2023-007 with
outlined findings of fact.
Ms. McIntosh offered to answer any questions of the City Council regarding the request.
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Councilmember Lawrence-Anderson asked why the Planning Commission voted in the way they
did. Ms. McIntosh stated she tried to get clarity from the Planning Commission. There were some
concerns about the form and fit of the building and an amenity space. There were also questions
about building code, which isn’t under the purview of the Planning Commission. Any building
code issues would be resolved as part of the approval process.
Councilmember Lawrence-Anderson noted she attended the Planning Commission meeting, and
the Commission primarily appeared neutral on the topic.
Councilmember Jerzak pointed out there seems to be extensive opposition to the project, as seen
by the Planning Commission vote and community feedback. He asked where the opposition came
from. Ms. McIntosh stated the letter from the neighboring office expressed that this area was a
business district and was not a residential area. The new zoning does allow for the use. Other
concerns mentioned included safety, increased traffic, dumping, and privacy concerns. The
applicant tried to address most of the issues. However, many of the concerns are not within the
scope of the Planning Commission review or land use review.
Councilmember Jerzak asked if the City was approached regarding a conversion prior to a
purchase. Ms. McIntosh stated the former owner did engage with city staff in January 2023. Staff
walked through the new owner about potential space uses, including a multi-family or office use.
Councilmember Jerzak asked what the new owner’s initial plan for the space was. Ms. McIntosh
stated the new owner didn’t indicate a specific preference until after purchasing the building.
Councilmember Kragness asked about the longevity of the businesses who wrote the opposition
letters. Ms. McIntosh stated the writer of the initial office letter has been in the space for about 24
years. She stated she is unaware of the length of the other unit occupants’ use of the space.
Councilmember Lawrence-Anderson stated she would like to hear the perspectives of her
colleagues.
Councilmember Jerzak stated he is inclined to vote in line with the Planning Commission and the
opposition letters. He added it doesn’t seem to be a good fit for the area. However, he is open to
approving the application if the other Councilmembers support it.
Mayor Pro Tem Butler noted parking is a concern because of its proximity to Brooklyn Boulevard.
Councilmember Kragness noted her agreement with Mayor Pro Tem Butler. She added she doesn’t
want there to be an adverse impact on the long-term business owners in the area. She asked if there
is a better location for the plan.
Councilmember Lawrence-Anderson moved, and Councilmember Jerzak seconded to direct staff
to prepare a resolution denying the site and building plan (major amendment) as outlined in
Planning Commission Application No. 2023-007 with outlined findings of fact.
Motion passed unanimously.
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9b. RESOLUTION REGARDING PLANNING COMMISSION APPLICATION NO.
2023-006, SUBMITTED BY AWC HOLDINGS LLC, FOR CONVERSION OF AN
EXISTING TWO-TENANT BUILDING TO AN APPROXIMATELY 10,200-
SQUARE FOOT RESTAURANT AND BAR (NIGHTCLUB) AND 704-SQUARE
FOOT OUTDOOR PATIO (5927 JOHN MARTIN DRIVE)
Councilmember Lawrence-Anderson stated she has concerns about the parking variance.
Dr. Edwards introduced the item and invited Planner and Zoning Administrator Ginny McIntosh
to respond to any additional questions.
Ms. McIntosh explained on October 23, 2023, the City Council made a motion to direct staff to
prepare a resolution approving a variance as outlined in Planning Commission Application No.
2023-006 for a 59-parking space deficiency associated with related site and building plan and
conditional use permit requests that would allow for the conversion of an existing two-tenant
building to an approximately 10,200-square foot restaurant and bar (nightclub) with 704-square
foot outdoor patio at 5927 John Martin Drive, and subject to outlined conditions of approval.
Ms. McIntosh stated variances have a higher level of scrutiny, and it is rare to bring variances to
Councils due to the height of the criteria standard. Ultimately, the owner cannot be the reason for
the variance. They are generally due to topological considerations.
Councilmember Jerzak stated a thriving business needs all possible parking spaces. Any parking
issues would overflow to the Police Department. Also, he doesn’t want to set a precedent.
Mayor Pro Tem Butler asked what the Council committed to in the previous vote. City Attorney
Jason Hill explained City Council made a motion to direct staff to prepare a resolution approving
a variance, but it wasn’t an approval in and of itself. If the resolution failed, it would then be
deemed a denial per the Statute.
Councilmember Lawrence-Anderson added she is concerned about the proposed site and its
conflict with the Opportunity Site, similar to her comments at the previous meeting.
Councilmember Jerzak noted his agreement with Councilmember Lawrence-Anderson.
Councilmember Kragness added she supports the project but not the location.
Mr. Hill recommended Councilmember Jerzak clarify why he abstained from the previous vote
but is now voting on the matter.
Councilmember Jerzak stated he is not abstaining from the vote because of the policy precedent
approving the application would set. He previously abstained due to his past role working for the
City.
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Mayor Pro Tem Butler added there needs to be a motion and a second for the item regardless of
how Councilmembers are going to vote on the item.
Mayor Pro Tem Butler moved, and Councilmember Lawrence-Anderson seconded to adopt a
Resolution regarding Planning Commission Application No. 2023-006, submitted by AWC
Holdings LLC, for approval of a variance for a 59-space parking deficiency and conditional use
permit that would allow for the conversion of an existing two-tenant building to an approximately
10,200-square foot restaurant and bar (nightclub) with 704-square foot outdoor patio at 5927 John
Martin Drive, based on the submitted findings fact, and as amended by the conditions of approval
in the Resolution.
Mayor Pro Tem Butler stated the Council previously agreed to move forward with the application
approval, so she wants to continue with the approval.
Councilmembers Kragness, Lawrence-Anderson, and Jerzak voted against the same. Motion
failed.
Dr. Edwards asked if the Council needs to direct staff to write a resolution of denial. Mr. Hill stated
Statute only requires that Councilmembers dictate the reason for the denial, which has been done.
10. COUNCIL CONSIDERATION ITEMS
10a. FOLLOW UP FROM SPECIAL ASSESSMENT HEARING FOR PROPOSED
SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS
Dr. Edwards introduced the item and invited Community Development Director Jesse Anderson
to make the staff presentation.
Mr. Anderson explained at the City Council Meeting on October 23, 2023, that two properties
appealed the Administrative Fines/Citation Costs during the Special Assessment Hearing. City
Council asked staff to bring back information regarding the properties to the November 13, 2023
City Council meeting. Properties 5936 Fremont Ave N and 5520 James Ave N appealed and
attached are the summaries for both properties.
Mr. Anderson stated for 5936 Fremont Ave N; staff found the property during a proactive code
enforcement sweep of the City due to property code violations. It was determined to be an
unlicensed rental property due to visits to the property. Staff conducted 14 inspections over ten
months. Five administrative citations were issued totaling $6,100, all of which were for renting
without a license. The owner's mom brought this item up due to medical issues of the owner. The
owner leased his property through a leasing agent, but the agent didn’t allow the son to check in
on the rental property.
Mr. Anderson noted for 5520 James Ave N, the appellant stated that the other occupants left their
inoperable vehicles at the property, and he could not get the vehicles towed. He also stated that he
didn't check his mail due to the overwhelming amount of mail he was receiving. Due to his
financial situation, he cannot pay the citation amounts.
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Mr. Anderson pointed out that the City became aware of the property due to a complaint regarding
inoperable vehicles and a fallen tree. Staff conducted 14 inspections over five months. Staff spoke
with the resident twice to discuss the violations and made multiple additional attempts. Seven
administrative citations were issued, and $3,125 has been assessed to the property taxes. Citations
were for inoperable vehicles, accumulated junk and materials, a fallen tree, and a broken garage
door. He showed images of the property, showing it is now in compliance.
Mr. Anderson stated the recommended action for 5936 Fremont Ave N is to dismiss $4,000 and
specially assess $2,100 plus the $40 certification fee to the property tax rolls. The owner has
applied for a rental license.
Mr. Anderson stated the recommended action for 5520 James Ave N is to dismiss $6,000 and
specially assess $3,000 plus the $40 certification fee to the property tax rolls. The property is
currently in compliance.
Mr. Anderson added that no action is needed if the City Council would prefer not to reduce the
citations. If the City Council prefers to adjust the amount of the reduction, the resolution can be
amended with the motion to approve.
Councilmember Jerzak stated this is a difficult topic. He asked why prosecution for renting without
a license wasn’t sought out. He explained it is a non-biased third-party. As for the other property,
he asked why an occupied abatement wasn’t completed; it would be a suitable alternative response.
Both situations have a mental health component; he asked if the City’s social worker was included
in the manner. The fines will be prohibitive and promote displacement. The City didn’t do well in
either situation.
Mr. Anderson stated a prosecution effort is typically done after a $2,000 citation, which wasn’t
reached in either scenario. As for an occupied abatement, some of the issues could have been fixed
through that process.
Councilmember Kragness asked if a property owner can respond to mail notices to work out a
payment plan or alternative resolution. Mr. Anderson stated there can be a hearing officer
appointed upon request of the property owner via appeal. That typically results in waiving the fines
and a “probationary” period for the property owner to maintain compliance. Staff does try to be
flexible with time frames based on the circumstances of the property owner.
Mayor Pro Tem Butler moved, and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2023-105; reducing the certified special assessments for certain properties
for administrative fines and citation costs from the Hennepin County Tax Rolls.
Councilmember Jerzak stated the City needs to do better going forward. He thanked staff for their
work to find a compromise.
Motion passed unanimously.
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10b. RESOLUTION NO. 2023-106; APPROVING THE GRANT ADMINISTRATION
POLICY
Dr. Edwards introduced the item and invited Director of Fiscal & Support Services Angela Holm
to make the staff presentation.
Ms. Holm explained the City Council requested a Grant Administration Policy be
established. This was initially given to staff and was later referred to the Finance Commission for
completion. The Fiscal and Support Services Department wants to promote accurate financial
reporting and clear policies.
Ms. Holm pointed out staff plans to seek out more grants, which requires a grant policy to ensure
best practices and that the City is being responsible stewards of the money. Work has been
completed to develop, implement, and maintain meaningful grant oversight for the City, EDA, and
HRA. The goal is to have a uniform method of applying for and managing grants. Uniform
Guidance is applicable to Federal Funds. Procedures represent an implementation of the policy.
Ms. Holm stated The Finance Commission members met in early 2023 to discuss the request and
determine the most efficient way to complete the task. City staff had obtained sample grant
policies from other local municipalities as well as municipalities in other states. It was determined
that each member of the Commission would review one of the policies, and the group would
reconvene to discuss the components of their respective policies that best represented the City’s
priorities. The group attempted to reconvene several times but struggled to secure the necessary
quorum to take official action.
Ms. Holm noted one policy that was received by the group was from the City of Bloomington,
MN. This policy was a portion of Bloomington’s larger comprehensive financial policy. It had
been vetted by their legal counsel and their City Council. There were many components that
aligned well with Brooklyn Center ’s priorities. Due to not having a quorum for multiple meetings,
city staff elected to proceed forward with a version of the Grant Administration Policy and
presented it to the City Council on May 22, 2023.
Ms. Holm explained highlights of the policy include the Council approving all grant awards, all
awards requiring a resolution to Council approving grant acceptance and required budget
adjustments, grant awards will be subject to the City’s purchasing policy, all grant documentation
will be stored electronically in accordance with the City’s Document Retention Policy, and a grant
fund will not be disbursed until a fully executed agreement has been received.
Ms. Holm added departmental grant administrators are the main contact for each grant. Grant
review will occur periodically to ensure funds are sufficient or will be fully expended within the
grant timelines. A final close-out memo will be prepared by the proper department. Also, the
Finance Director will confirm the grant closeout and submit any closing documentation to the
granting entity.
Ms. Holm stated there was further discussion about the policy following its submission to the
Council. There is a proposed revision on page five. It currently reads , “Ensure that grant-funded
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personnel are on a contract basis.” The proposed change is to “ensure that grant-funded personnel
will be on a contract basis whenever possible.” The hope is to avoid putting strong restrictions on
grant-funded positions. For example, a contract basis for full-time firefighters may not be
appropriate. However, the City would still like to seek out funding to support the growth of the
Fire Department.
Councilmember Lawrence-Anderson stated she prefers the original language on page five. She
suggested it read, “ensure that grant-funded personnel are on a contract basis unless there is proper
approval by the Council.” She explained the “whenever possible” portion is vague, and she doesn’t
support it.
Councilmember Jerzak noted his agreement with Councilmember Lawrence-Anderson. He
explained his distaste for contracted positions being forced onto the levy.
Mayor Pro Tem Butler asked if it is feasible for all grants to come before the Council due to the
amount of grants that are applied for. Dr. Edwards stated there aren’t many grants that pay for
staffing, so it is not burdensome to staff.
Councilmember Jerzak suggested there be more foresight to build capacity when considering
grants and preparing for transitions after the funding subsides.
Councilmember Kragness stated the policy gives the responsibility back to the Council to
determine the sustainability of grant funding. It isn’t fair for staff to be hired on a contractual basis
without fully understanding the implications, except for Police and Fire. She noted her agreement
with the wording suggestion made by Councilmember Lawrence-Anderson.
Councilmember Lawrence-Anderson pointed out that the Council has been in the dark about
previous grant application efforts. It sounds like the proposed policy ultimately goes back to the
Purchasing Policy to determine the grant amounts brought before the Council. It would be tedious
for every grant to go before the Council, but she wants to know about substantial grants and their
implications. She encouraged the Finance Commission to meet to review the Purchasing Policy.
Councilmember Kragness stated some members of the Finance Commission discussed the
Purchasing Policy and the Grant Policy was written completely separately from the Purchasing
Policy to decrease staff burden and tedious oversight. The proposed Grant Policy is a good balance
of various considerations. There wasn’t a quorum, but a consensus among the present Finance
Commission.
Councilmember Jerzak asked for the Purchasing Policy to be revisited in a coming Work Session.
Dr. Edwards stated staff wouldn’t be able to write a new policy at present due to staffing levels.
He suggested the policy be rewritten in the Spring.
Councilmember Lawrence-Anderson suggested a Work Session before the Spring for the Council
to provide input regarding what they want to see in the Purchasing Policy in preparation for staff
capacity to be available for a thorough rewrite. Dr. Edwards confirmed that the staff could facilitate
conversations regarding the Purchasing Policy with the Council.
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There was consensus by the Council to have Work Sessions regarding the Purchasing Policy before
Spring 2024.
Councilmember Kragness added that the Finance Commission needs to be complete and tasked
with reviewing the Purchasing Policy within the same timeline.
Councilmember Jerzak moved, and Councilmember Kragness seconded to adopt RESOLUTION
NO. 2023-106, a Resolution adopting the Grant Administration Policy located in the City Code of
Policies, Financial Policies Section 2.25, with the language amendment suggested by
Councilmember Lawrence-Anderson.
Motion passed unanimously.
Councilmember Lawrence-Anderson reiterated her language amendment was for page five to say,
“ensure that grant-funded personnel are on a contract-basis unless approved by the City Council.”
11. COUNCIL REPORT
Council Report was not considered due to the late hour.
12. ADJOURNMENT
Mayor Pro Tem Butler moved, and Councilmember Lawrence-Anderson seconded adjournment
of the City Council meeting at 8:56 p.m.
Motion passed unanimously.
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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
NOVEMBER 13, 2023
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session
called to order by Mayor/President Pro Tem Marquita Butler at 8:56 p.m.
ROLL CALL
Mayor/President Pro Tem Marquita Butler and Councilmembers/Commissioners Kris Lawrence-
Anderson, Dan Jerzak, and Teneshia Kragness. Mayor/President April Graves was absent. Also
present were City Manager Reggie Edwards, Fire Chief Todd Berg, Fiscal and Support Services
Director Angela Holm, Assistant City Manager/City Clerk Barb Suciu.
FIRE TRUCK PURCHASE PLAN
Dr. Edwards introduced the item and invited Fire Chief Todd Berg to continue the staff
presentation.
Fire Chief Todd Berg stated fire trucks are the most expensive vehicle in the City’s fleet. The
hope is to receive feedback from the City Council/EDA regarding the fire truck replacement
plan. Currently, there are four fire engines, all of which need to be replaced in the next few
years. Because of emission regulations, the motors of the trucks will be increasing by
approximately $80,000 to $100,000 by 2026.
Chief Berg explained the current fleet replacement schedule replaces fire engines on a 20-year
rotation and aerials on a 25-year rotation. Currently, Engine 2 is 21-years-old, Engine 6 is 16-
years-old, Engine 5 is seven-years-old. Ladder 4 is 16 years old and Tower 3 is two years old. The
last truck was auctioned after its replacement, but it only fetched $7,900.
Chief Berg pointed out that fire engines currently cost $1 to $1.3 million and offer technology and
safety improvements. The lead time is 24 to 48 months, depending on the manufacturer. The trucks
that are 20 years or older have little to no value. Engine 5 is valued at $100,000 to $150,000.
Ladder 4 has a value of $450,000. The costs of new trucks have increased by upwards of 25 percent
each year.
Chief Berg added the item is being brought before the City Council/EDA to avoid the motor
emission increase that will come with the newer fire truck chassis due to huge annual increases.
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The Central Garage Replacement Funds have not kept up with the increases over the long lives
of the fire trucks.
Chief Berg stated as the trucks age, there are more and more repair costs while the resale value
decreases. For example, one of the heavily used engines has averaged $15,000 a year in wear and
tear repair charges in each of the last three years. If the City acts now, the Fire Department can
have two similar fire trucks built and delivered within 24 months. The cost of each truck would be
$1 to $1.3 million.
Chief Berg explained if the replacement plan is reduced from 20 or so years to 12 to 15 years, one
truck could be eliminated from the fleet. There would have to be a purchase of an additional pickup
truck for the fire fleet in order to have enough seats to get firefighters to the scene. It would be a
savings of $1 million or more. The City could bond for three new engines in 2024 and receive two
engines in 2026 with the third arriving in 2028. This will impact the General Fund of the Fire
Department by an additional $61,000 annually for replacement charges, not including the lower
costs for maintenance and increase in resale value after 12 years.
Chief Berg stated another option is to bond for two new engines in 2024 to receive them in 2026.
This will impact the General Fund of the Fire Department by an additional $89,500 annually for
replacement charges, not including the lower costs for maintenance and increase in resale value
after 12 years.
Ms. Holm stated an option for funding is internal funding. The current replacement funding has
not kept up with the increasing prices. Central Garage charges will have to be increased to
adequately fund replacement needs. There is a shorter time frame to accumulate the required funds.
Internal funding will require increased revenues to cover the costs, and the most likely source is
the property tax levy. There would also have to be deferred replacement for other equipment.
Ms. Holm noted another option is through external funding. For example, equipment certificates
operate like bond issuance and have a term of five or ten years. The total cost is dependent on
interest rates and the amount of financing needed. The certificates can be issued separately or in
conjunction with other bonds. The City will be bonding in 2024 for a street reconstruction project.
The debt levy would be increased to make the payments. Replacement costs would be reset and
adjusted to accommodate future purchases.
Ms. Holm added Staff plans to follow up the conversation with a long-term proposal for a fire
truck replacement strategy with the City Council/EDA in a few months. She explained the
documents provided to the City Council/EDA.
Councilmember/Commissioner Kragness asked if the trucks were paid for in advance. Chief Berg
stated there are discounts for prepayment.
Councilmember/Commissioner Kragness stated the certificate option doesn’t seem to fit as it
operates for five or ten years whereas the replacement schedule recommended is 12 to 15 years.
11/13/23 -3- DRAFT
Ms. Holm stated there is a possibility of alternative certificate schedules, though the City typically
bonds on a ten-year schedule.
Councilmember/Commissioner Kragness recommended finding the peak spot for a truck value is
to save the most money.
Councilmember/Commissioner Kragness asked if the $61,000 in savings is per truck or per year.
Chief Berg stated the $61,000 mentioned is the yearly cost with the certificate for all three trucks.
Councilmember/Commissioner Jerzak noted Staff seems to prefer the first option. He asked how
the levy would be impacted. He asked if the fire truck could be delivered sooner than the
approximate 24-month timeline. Chief Berg stated the truck could be done sooner, depending on
the capacity of the manufacturer. Lowering the replacement years would ultimately save the City
money. It allows for stronger cost estimates and planning.
Councilmember/Commissioner Kragness noted her agreement with Chief Berg’s assessment that
lowering the replacement years would ultimately save the City money as it allows for stronger cost
estimates and planning.
PENDING LIST FOR FUTURE WORK SESSIONS
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 Kragness moved and Councilmember/ Commissioner Lawrence-
Anderson seconded adjournment of the City Council/Economic Development Authority Work
Session at 9:26 p.m.
Motion passed unanimously.
C ouncil R egular M eeng
DAT E:11/27/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Barb S uciu, A ssistant City Manager/C ity C lerk
BY:S hannon Pe-t, D eputy C ity C lerk
S U B J E C T:A pproval of Licens es
Requested Council A con:
- Moon to approve the licenses as presented.
B ackground:
The following bus inesses /persons have applied for C ity licens es as noted. Each bus iness/pers on has fulfilled
the requirements of the City O rdinance governing res pec6ve licenses , submi7ed appropriate applica6ons,
and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the City
Code of O rdinances, unless comments are noted below the property address on the a7ached rental report.
M echanical
North S tate Mechanical
2283 S ycamore Tr, Woodbury 55125
OT H ea6ng & C ooling L L C
4900 Ferncrot D rive, Excels ior 55331
New Century S ystems
20150 75th Ave, S uite B, C orcoran 55340
S ign H anger ’s
S cenic S ign Company
P O Box 881, S t. Cloud 56302
Tobacco Related P roducts
P remier Tobacco
3930 Brooklyn Blvd
Cas ey's G eneral S tore
2101 F reeway Blvd
S un Foods, I nc.
6350 Brooklyn Blvd
P ump N M unch
1505 69th Ave N
Q uick S hop
5808 Xerxes Ave N
Cub Foods
3245 County Road 10
A M P M C orner M arket I nc
6501 H umboldt Ave N
H oliday S ta6onstore #292
420 66th Ave N
H oliday S ta6onstore #2099
6890 S hingle Creek P kwy
Van's S ervice Center
6840 H umboldt Ave N
Royalty & S ons Tobacco
6044 Brooklyn Blvd
S peedw ay #4058
1901 57th Ave N
Jambo A frica
1601 F reeway Blvd
Royalty & S ons , I nc.
6044 Brooklyn Blvd
L iquor - I ntoxicang
Embas s y S uites
6300 Earle Brow n D rive
Jambo A frica
1601 F reeway Blvd
D uoos Bros. A merican Legion Post 630
6110 Brooklyn Blvd
H eritage Center
6155 Earle Brow n D rive
Liquor - Intoxicang, S unday S ales
Embas s y S uites
6300 Earle Brow n D rive
Jambo A frica
1601 F reeway Blvd
D uoos Bros. A merican Legion Post 630
6110 Brooklyn Blvd
H eritage Center
6155 Earle Brow n D rive
Liquor - O ff-S ale 3.2
C ub Foods
3245 C ounty Road 10
Pump N Munch
1505 69th Ave N
Family Dollar
2105 57th Ave N
Liquor - O n-S ale 3.2
D avanni's P izza & H ot H oagies
5937 S ummit D rive
Liquor - Wine
50's G rill
5524 Brooklyn Blvd
D avanni's P izza & H ot H oagies
5937 S ummit D rive
Gasoline S ervice S taons
H oliday S ta6on S tore #3808
5710 Xerxes Ave N
H oliday S ta6on S tore #292
420 66th Ave E
Two Rivers I nves tment
6840 H umboldt Ave N
S peedw ay
6545 Wes t River Rd
S peedw ay
6950 Brooklyn Blvd
S peedw ay
1901 57th Ave N
A M P M C orner M arket
6501 H umboldt Ave N
Cas ey's Retail
2101 F reeway Blvd
Royalty & S ons , I nc.
6044 Brooklyn Blvd
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera6onal Excellence
AT TA C H M E N TS :
D escrip6on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rental P roper6es 11/20/2023 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
700 66th Ave N
Multiple Family
24 Bldgs 92 Units Renewal Georgetown-bc Company Lllp 440 = 4.78 per unit Type IV 0 Type IV Type III 0
1425 55th Ave N
Multiple Family
1 Bldg 4 Units Renewal Trung C Duong 13 = 3.25 per unit Type IV 0 Type IV Type I 0
2613 65th Ave N Single Renewal Stephen Zekpa/gregory Slah
18 Type IV 0 Type IV Type IV 2
3006 51st Ave N Single Renewal Naisha Nicole Bell
0 Type I 0 Type I Type IV N/A
3512 Woodbine La Single Renewal SFR ACQUISITIONS 6 LLC 2 Type I 0 Type I Type IV N/A
3613 Violet Ave N Single Renewal
Gao Qiang Liu
Met Requirements 0 Type I 0 Type I Type IV N/A
5250 Great View Ave N Single Renewal Cosco Property 5 Llc
6 Type III 0 Type III Type III N/A
5307 Penn Ave N Single Renewal Ronnet Renay Dossman 7 Type III 0 Type III Type III N/A
5416 Fremont Ave N Single Renewal Luisa N Narvaez
4 Type II 0 Type II Type I N/A
5506 Judy La Single Renewal Prosperous Property Llc 3 Type II 0 Type II Type II N/A
5535 Bryant Ave N Single Renewal
E H Mendoza & E C Coto
Mejia 7 Type III 0 Type III Type III N/A
5550 France Ave N Single Renewal Belinda Gonzalez
4 Type II 0 Type II Type II N/A
5706 Camden Ave N Single Renewal Midwest Challenge Inc 8 Type III 0 Type III Type I N/A
5913 June Ave N Single Renewal M K Mehdi & B K Mehdi
5 Type II 0 Type II Type III N/A
6007 Girard Ave N Single Renewal R&B Management I LLC 10 Type IV 0 Type IV Type IV 2
6734 France Ave N Single Renewal Xample Renovations Llc
1 Type I 0 Type I Type II N/A
Rental Licenses for Council Approval 11.27.23
6812 Scott Ave N Single Renewal Lankia Lartey
0 Type I 0 Type III Type III N/A
6830 Scott Ave N Single Renewal Ih2 Property Illinois Lp
1 Type I 0 Type I Type III N/A
7024 Morgan Ave N Single Renewal Mcclure Properties Llc 6 Type III 0 Type IV Type IV 3
7141 Newton Ave N Single Renewal Ih2 Property Illinois Lp
10 Type IV 0 Type IV Type IV 2
*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:11/27/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :L iz H eyman P ublic Works D irector
BY:C ynthia Majors , P ublic Works A dmin A s s is tant
S U B J E C T:Res olu3on D eclaring a P ublic Nuisance and O rdering the Removal of D is eas ed Trees at
C ertain P roper3es in Brooklyn C enter, Minnes ota
Requested Council A con:
- Moon to approve a resoluon declaring a public nuisance and ordering the removal of diseased trees at
certain properes as listed in the resoluon.
B ackground:
The a8ached res olu3on represents the official C ity C ouncil ac3on required to expedite removal of dis eas ed
trees that w ere recently marked by the C ity Tree I ns pector. The City has maintained a policy of removing
and properly disposing of dis eas ed trees in order to prevent tree dis eas es from spreading throughout the
community. The removal of diseased trees is defined in C ity O rdinance Chapter 20-301 to 20-306. A lthough
the C ity has his torically focused on D utch Elm dis eas e, other trans missible dis eas es and infesta3ons are
addressed as well.
P roperty owners are given the opportunity to remove the dis eas ed tree on their ow n or enter into an
agreement to allow the C ity to remove the diseased tree. W here an agreement with the property ow ner is
executed, a minimal adminis tra3ve charge of $50 is applied to the cos ts associated with the tree removal.
A Ber a diseased tree is declared a public nuis ance by the City Council, another C ompliance No3ce w ill be
provided to the property ow ner allowing addi3onal 3me, at leas t five (5) days , for voluntary correc3on,
again providing an op3on for an agreement with the City. I f the property ow ner does not correct the
viola3on or enter into an agreement, the C ity will remove the diseased tree. A n adminis tra3ve abatement
s ervice charge w ill be impos ed bas ed on the cos t of the abatement, with a minimum charge of $150.
B udget I ssues:
The C ity ’s s hare of the cos t of removal for dis eas ed trees w ithin the public right-of-w ay and on C ity property
is included in the 2022 budget under the P ublic Works Fores try opera3ng budget. The cost of removal for
dis eas ed trees located on private property is the responsibility of the respec3ve property owner, and if
unpaid, is s pecially as s essed to the property.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip3on U pload D ate Type
D is eas ed Tree Res olu3on 10/26/2023 Resolu3on Le8er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN
BROOKLYN CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree
a public nuisance and provides for abatement by the City if not corrected by the property owner;
and;
WHEREAS, removal of diseased trees and abatement of the public nuisances is
necessary to prevent the spread of tree diseases and to protect the environmental quality and
desirability of neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement
has been issued to the owners of certain properties in the City allowing the owners twenty (20)
days to remove diseased trees on the owners’ property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The diseased tree at the following address is hereby declared to be a public nuisance.
Property Address Tree Type Tree Number
6728 Grimes Ave N Ash 58
6720 Grimes Ave N Ash 59
6740 Grimes Pl Ash 60 – 76
6700 Quail Ave N Ash 77 & 80
2. After twenty (20) days from the date of the initial notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to contest the
determination of the City Council by requesting, in writing, a hearing. Said request
shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be
removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be specially
assessed to the property in accordance with City codes and Minnesota Statutes
Chapter 429.
RESOLUTION NO._______________
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:11/27/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :L iz H eyman P ublic Works D irector
BY:C ynthia Majors , P ublic Works A dmin A s s is tant
S U B J E C T:Res olu3on D eclaring a P ublic Nuisance and O rdering the Removal of D ead Trees at C ertain
P roper3es in Brooklyn C enter, Minnes ota
Requested Council A con:
- Moon to approve a resoluon declaring a public nuisance and ordering the removal of dead trees at
certain properes as listed in the resoluon.
B ackground:
The a8ached res olu3on represents the official C ity C ouncil ac3on required to expedite removal of dead
trees that w ere recently marked by the C ity Tree I ns pector and have become a public s afety issue due to
being a haz ard. The removal of dead trees is defined in City O rdinance C hapter 20-202 and 19-101 through
19-106.
P roperty owners are given the opportunity to remove the dead tree on their own or enter into an
agreement to allow the C ity to remove the dead tree. A minimal adminis tra3ve charge of $50 is applied to
the costs as s ociated w ith the tree removal when an agreement w ith the property owner is executed.
I f the ow ner does not respond within ten (10) days , they are provided with a s econd no3ce no3fying them
of the C ity C ouncil mee3ng where the dead tree is declared a public nuisance. I f the property ow ner does
not correct the viola3on or enter into an agreement, the C ity will remove the dead tree. A minimum
adminis tra3ve abatement s ervice charge of $150 w ill be impos ed bas ed on the cos t of the abatement.
B udget I ssues:
The cost of removal of dead trees located on private property is the res pons ibility of the res pec3ve property
ow ner, and if unpaid, is s pecially as s essed to the property.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip3on U pload D ate Type
D ead Tree Resolu3on 10/26/2023 Cover Memo
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN
CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 thru 19-106,
declares any dead tree a public nuisance and provides for abatement by the City if not corrected by
the property owner; and
WHEREAS, removal of dead trees and abatement of the public nuisance is
necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
ten (10) days to remove dead trees on the owners’ property; and
WHEREAS, the City can expedite the removal of these dead trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The dead tree at the following address is hereby declared to be a public nuisance.
Property Address Tree Type Tree Number
6700 Quail Ave N Pine 14 & 16
5447 Emerson Ave N Maple 85
2. After ten (10) days from the date of the initial notice, the property owner(s) was
notified of the council action regarding the determination by the City Council
declaring the dead tree a public nuisance.
3. The property owner(s) will receive a final written notice providing five (5) business
days in which to contest the determination of the City Council by requesting, in
writing, a hearing. Said request shall be filed with the City Clerk.
4. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall
be removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be
specially assessed to the property in accordance with city codes and Minnesota
Statutes Chapter 429.
RESOLUTION NO. ______________
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:11/27/2023
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:Kory A ndersen, P ublic Works P lanner
S U B J E C T:Res olu3on A uthoriz ing the S ubmi4al of a Pedestrian Facili3es A pplica3on Through the
M etropolitan C ouncil’s 2024 Regional S olicita3on G rant P rocess
Requested Council A con:
- Moon to approve a resoluon authorizing the submial of a Pedestrian Facilies applicaon through the
Metropolitan C ouncil’s 2024 Regional S olicitaon grant process.
B ackground:
City s taff recommends applying for a Pedes trian Facili3es grant via the Metropolitan Council’s Regional
S olicita3on grant process. The funds would enable the C ity to augment two street res urfacing projects w ith
pedes trian improvements . The tw o projects, H umboldt Ave, 65th to 69th, and 65th/66th Ave and Camden
Ave, are programmed in the C ity ’s Capital I mprovement P rogram (C I P ) in 2027 and 2028, respec3vely. The
vision for this project stems from Brooklyn C enter C ommunity S chools, w ho, in spring 2024, collaborated
w ith s tudents to iden3fy trans porta3on challenges while traveling to and from dis trict schools. These
challenges w ere primarily associated with intersec3ons and crossing bus y streets .
The gr ant r eques t for $2,000,000, matched w ith $5 0 0 ,000 in C ity capital funds , allow s the C ity to maximiz e
res ources efficiently and inves t in s ignificant pedestrian safety impr ovements . U 3liz ing the grant for thes e
projects alleviates pres s ure on the C I P and makes pedestrian improv ements feas ible. The gr ant applica3on
requires a resolu3on from the C ity C ouncil to apply for the grant funding.
M etropolitan Council Regional S olicitaon Program:
The Regional S olicita3on program is one w ay the M etropolitan C ouncil priori3zes and invests in roads,
bridges, trans it, biking, and walking needs . W hether for exis 3ng infras tructure or new improvements,
projects focus on outcomes like moving more people more effec3vely, managing conges3on, and improving
air quality. The Regional S olicita3on happens once every tw o years and aw ards about $180 million in federal
funds . The Metropolitan Council’s Trans porta3on A dvis ory Board, compris ing local elected officials and
res ident members , is central to the solicita3on process.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
I nclusive C ommunity Engagement, Key Transporta3on I nvestments
AT TA C H M E N TS :
D escrip3on U pload D ate Type
Res olu3on 11/20/2023 Resolu3on Le4er
P roject L oca3on Map 11/20/2023 Backup M aterial
L e4er of S upport from Brooklyn Center Community S chools 11/16/2023 Backup M aterial
Member _____________ introduced the following resolution and move its adoption
RESOLUTION NO. _______________
RESOLUTION AUTHORIZING THE SUBMITTAL OF A PEDESTRIAN FACILITIES
APPLICATION THROUGH THE METROPOLITAN COUNCIL’S 2024 REGIONAL SOLICITATION
GRANT PROCESS
WHEREAS, the Pedestrian Facilities Grant, via Metropolitan Council’s 2024 Regional Solicitation,
provides funds for pedestrian facility projects that focus on increasing the availability and attractiveness of
walking or rolling by improving safety and removing gaps in the system, and;
WHEREAS, The City of Brooklyn Center desires to augment two street resurfacing projects with
pedestrian improvements. The two street resurfacing projects, Humboldt Ave, 65th to 69th, and 65th/66th
Ave and Camden Ave, are programmed in the City’s Capital Improvement Program in 2027 and 2028,
respectively.
WHEREAS, Brooklyn Center Community Schools, the local authority of the public school involved in the
project, have written a letter of support for the proposed project and grant application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota, that:
i. The City of Brooklyn Center authorizes Pedestrian Facilities grant application submittal to the
Metropolitan Council’s 2024 Regional Solicitation grant process.
ii. The City of Brooklyn Center authorizes the commitment of local funds to provide the required 20
percent local match for the federal funding.
iii. The City of Brooklyn Center documents its acceptance of the responsibility for operating and
maintaining the project facilities within the public right-of-way throughout their useful life.
iv. The Public Works Director is authorized and directed to execute the application for the
Metropolitan Council’s 2024 Regional Solicitation Program.
_____________ _____ _______________________________________
Date Mayor
_______________________________________
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.
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and
adopted by the City of Brooklyn Center at a duly authorized meeting thereof held on the ______ day of
_____________, 2023, as shown by the minutes of said meeting in my possession.
_______________________________________
Public Works Director
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D
U
P
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AV
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H
I
G
H
W
A
Y
2
5
2
73RD AVE N
R
I
V
E
R
R
D
W
59TH AVE N
I N T E R S T A T E 9 4
69TH AVE N
HUMBOL
DT AVE N
HIGHWAY100
61ST AVE N
INTERSTATE 694
WILLOW L N
BRYANT AVE N
72ND AVE N DALLAS RD
64TH AVE N
CAMDEN AVE N
LYNDALE AVE N
67TH AVE N
60TH AVE N
C
O
L
F
A
X
A
V
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N
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RARD AVE
N
62ND AVE N
ALDRICH AVE N
FREMONT AV
E N
WOODBINE LN
5
T
H
S
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N
RIVERDALE
RD
6 3 R D L N N
LILAC D R N
6 6 T HAVE N
68TH LN N
EMERSON AVE N
7 0 T H A V E N
F
R
E
M
O
N
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P
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N
65TH AVE N
68TH AVE N
EMERSON LN N
F
R
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M
O
N
T
AV
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N
W
I
L
L
O
W
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N65TH AVE N
EMERSON AVE N
HIGHWAY 252
HUMBOLDT AVE N
L I L A C D R N
70TH AVE N
C
A
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N
A
V
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HUMBOLDT AVE N
70TH AVE N
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CAMDE
N AVE N
COLFAX AVE N
BRYANT AVE N
62ND AVE N
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AV
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WILLOW LN
C
A
M
D
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N
A
V
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67TH AVE N
HIGHWAY100
GIRARD AVE NLILACDRN
INTERSTATE 94
CAM
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A
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FREMONT AVE N
INTERSTATE 694
Pedestrian Facilities Project Locations
Mill a nd O ve rlay Projects
!!!Humboldt Ave (65th to 69th) - 2027
!!!65th/66th Ave and Camden Ave - 2028
November 2023
November 6,2023
5910 Shingle Creek Parkway
Brooklyn Center MN 55430
To:Met Council
Re:City of Brooklyn Center Pedestrian Grant Letter of Support
I am ecstatic to write this letter of support for the City of Brooklyn Center in their application for the pedestrian grant.I am the
proud wellbeing specialist for the Brooklyn Center Community School District (BCCS).We are a district serving 2400 children and
their families in the urban core on the Northwest edge of Minneapolis.The students and their family members that we serve
make up a diverse community,with 46%identifying as Black,26%as Latino,14%as Asian/So.Pacific Islander,6%as White,1%
as Indigenous,and 7%as two or more races.In addition,86%of the community of students qualifies for free or reduced meals.
The BCCS mission is,“To become a justice-centered school community who fuels the unique genius of each student”.Furthermore,BCCS is a Full-Service Community Schools district,with wellness and equity as foundational pillars.The City of Brooklyn Center
pedestrian initiative is an important component of ensuring that all BCCS students have access to learning to safely navigate the
neighborhood streets and trails,as well as increasing the amount of outdoor physical activity students receive during and outside of
the school day.
Pedestrian and biking access and safety is an important topic in Brooklyn Center Community Schools District.The district has
engaged in Safe Routes To Schools (SRTS)programming for over a decade.Central to this programming includes partnering with
the City of Brooklyn Center,Brooklyn Center Police Department,Minnesota Department of Transportation,Three Rivers Parks
District,and Minnesota Bike Alliance.As the district continues to expand pedestrian and biking opportunities for all students,the
need for updated city infrastructure has been identified for safer access for students,families,sta and community members.
Examples of pedestrian and bike programming in BCCS schools are numerous.The district has hosted Minnesota Bike Alliance threetimestoo er the Walk,Bike,Fun curriculum training for our sta ,partners and community organizations,and has more dates
scheduled during the 2023-24 school year.BCCS procured its own bike fleet in the spring of 2023 and students use the bikes in
Physical Education classes,during family and community engagement events,during Out of School Time programs and more.The
district hosts Walk and Roll to School Day events at the schools in the spring and fall,with close to 100%of the middle and high
school students participating in activities at the May,2023 event.All elementary and middle school students had access to
pedestrian and bike safety lessons at the start of the 2023-24 school year.In addition,with safer infrastructure and greater access,
the City of Brooklyn Center holds multiple city and county trails that o er the potential for BCCS students and community members
to explore.
We are a community school district who holds strong and sound beliefs in creating equitable access for marginalized and silencedgroupsofpeople.I truly believe that this application for the Met Council pedestrian grant will move our community forward in our
pursuits.I am in full support of this application and implore you to choose the City of Brooklyn Center for this grant.Our young
people and our community need and deserve it.
Respectfully,
Michelle Auld
Brooklyn Center Community Schools Wellbeing Specialist
mauld@bccs286.org
C ouncil R egular M eeng
DAT E:11/27/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Elizabeth H eyman, D irector of P ublic Works
BY:J ames S ol2s , P.E., A s s is tant C ity Engineer
S U B J E C T:Res olu2on A ccep2ng Work Performed and A uthoriz ing F inal Payment, C onnec2ons I I
S hingle C reek, P roject No. 2021-22
Requested Council A con:
- M oon to appr ove a r esoluon accepng wor k per formed and author iz ing final pay ment, for
I mprovement P roject No. 2021-22, C onnecons I I S hingle C reek Restoraon P roject.
B ackground:
O n D ecember 1 3 , 2021, the City C ouncil awarded I mprovement P roject N o. 2021-22 t o S unram
Construc2on, I nc. of Corcoran, M innesota for the C onnec2 ons I I S hingle C reek Restora2 on P roject.
S unram C ons truc2on, I nc. has succes s fully completed the construc2on w ork and is r eques 2ng final
payment for the project.
B udget I ssues:
The original contract amount w as $183,684.00. The total v alue of w ork cer2 fied for final payment is
$194,797.65. The total project cos t including con2ngencies/adminis tra2on/ engineering /legal is
$245,186.28 and w as completed 7.7 percent under budget in the amount of $265,6 8 4 . The aAached
res olu2on provides a summary of the final amended cos ts and funding s ources for the project.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Key Transporta2on I nvestments
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 11/20/2023 Resolu2on LeAer
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING
FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2021-22,
CONNECTIONS II SHINGLE CREEK RESTORATION PROJECT.
WHEREAS, pursuant to a written contract signed with the City of Brooklyn
Center, Minnesota, and Sunram Construction, Inc., Corcoran, Minnesota has completed the
following improvements in accordance with said contract:
Improvement Project No. 2021-22, Connections II Shingle Creek Restoration
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. 2021-22,
Connections II Shingle Creek Restoration Project taking the contractor’s
receipt in full. The total amount to be paid for said improvements under
said contract shall be $194,797.65.
2. The project costs and revenues are hereby amended as follows:
COSTS As Original Award As Final
Construction Cost $ 183,684.00 $ 194,797.65
Engineering and Administrative $ 50,000.00 $ 50,388.63
Contingency $ 32,000.00 $ 0.00
TOTAL $ 265,684.00 $ 245,186.28
REVENUES As Original Award As Final
BWSR Grant Funding $ 183,684.00 $ 163,186.28
Commission Funding $ 82,000.00 $ 82,000.00
Total Estimated Revenue $ 265,684.00 $ 245,186.28
RESOLUTION NO. _______________
November 27, 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:11/27/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:G inny M cI ntosh, City P lanner and Zoning A dminis trator
S U B J E C T:Res olu1on D enying P lanning Commission A pplica1on No. 2023-007 Regarding a S ite and
Building P lan at 7100 Brooklyn Boulevard
Requested Council A con:
- Moon to adopt a resoluon for denial of P lanning C ommission A pplicaon No. 2023-007, submi ed by
7100 Brookly n Blvd L LC that would allow for the conversion of a former credit union and office building to
a 17-unit mul-family residenal building and related improvements at 7100 Brookly n Boulevard, and
based upon the submi ed findings of fact.
B ackground:
O n Nov ember 1 3 , 2023, C ity C ouncil made a mo1on to direct s taff to pr epare a res olu1on of denial for
P lanning C ommis s ion A pplica1on N o. 2 0 2 3 -0 0 7 , w hich contemplated the convers ion of a former credit
union and office building located at 7100 Brookly n Boulevard to a 1 7 -unit mul1-family res iden1 al building
and related improvements, and bas ed upon the s ubmi9ed findings of fact.
A copy of the P lanning C ommis s ion Report for P lanning C ommis s ion A pplica1 on No. 2023-007, originally
dated O ctober 12, 2023, and las t revis ed for the Nov ember 1 3 , 2023 C ity C ouncil mee1 ng is included, as
w ell as the C ouncil memo pr ovided for the Nov ember 13, 2 0 2 3 mee1ng. A copy of the dra; res olu1on
recommending denial of P lanning Commission A pplica1 on N o. 2 0 2 3 -0 0 7 is a9ached for Council
cons idera1on.
B udget I ssues:
None to cons ider at this 1me.
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 escrip1on U pload D ate Type
Res olu1on - D enial of P lanning C ommis s ion A pplica1on No.
2023-007 11/20/2023 Resolu1on Le9er
C ouncil Memo - Regarding P lanning C ommis s ion A pplica1on
No. 2023-007 (11.13.2023)11/20/2023 Backup M aterial
S taff Report and Exhibits - 7100 Brooklyn Boulevard (las t
revis ed November 13, 2023)11/20/2023 Backup M aterial
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION DENYING PLANNING COMMISSION APPLICATION NO.
2023-007 REGARDING A SITE AND BUILDING PLAN AT 7100 BROOKLYN
BOULEVARD
WHEREAS, Planning Commission Application No. 2023-007, submitted by 7100
Brooklyn Blvd LLC (“the Applicant”) requested review and consideration for site and building plan
approval for a proposed conversion of a former credit union and office building located at 7100
Brooklyn Boulevard (“the Subject Property”) to a 17-unit multi-family residential building with
related site improvements; and
WHEREAS, the Subject Property is situated in the City’s MX-N2 (Neighborhood
Mixed-Use) District, where multi-family residential with densities between 15 and 31 dwelling units
per acre are permitted subject to site and building plan approval; and
WHEREAS, Section 35-7605 (Amendments) of the City Code stipulates that a major
amendment to an approved site and building plan is triggered in situations where there is a 20-percent
(%) or greater change in the number of residential units and the proposal, as contemplated under the
submitted application, exceeds this threshold; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
held a duly noticed and called public hearing on October 12, 2023, whereby a planning staff report
was presented and public testimony regarding the site and building plan was received for the
approximately 0.99-acre Subject Property; and
WHEREAS, the City was in receipt of a 31-signature petition letter from the adjacent
to the south Boulevard Plaza Office Condominiums in which concerns were expressed regarding
potential changes to a residential area rather than a business district, ongoing and continued safety
concerns, ongoing and increased traffic, dumping, and privacy concerns; and
WHEREAS, the City was also in receipt of communication from neighboring
Brooklyn United Methodist Church regarding their overflow lot, which is adjacent to the Subject
Property, and concerns relating to potential unauthorized use, potential safety concerns with
Brooklyn Boulevard, which the Subject Property fronts, and the desire for a privacy fence to
minimize foot traffic between properties; and
WHEREAS, the Applicant requested additional time to address concerns identified
at the public hearing, revise plans, and provide responses to concerns raised in advance of City
Council review and, pursuant to Minnesota Statutes Section 15.99, subdivision 3(f), City staff issued
a 60-day extension to the review period; and
WHEREAS, in light of the staff report received, and utilizing the guidelines and
RESOLUTION NO.
standards for evaluating site and building plans as contained in the City’s Unified Development
Ordinance, along with consideration of the goals and objectives of the City’s 2040 Comprehensive
Plan, the Planning Commission elected to recommend denial of the proposed conversion and related
application; and
WHEREAS, on November 13, 2023, the City Council of the City of Brooklyn
Center, Minnesota reviewed the application, received the Planning Commission’s recommendation
and staff reports, and considered the request in light of all testimony received, the guidelines and
standards for evaluating site and building plans as contained under Section 35-7600 (Site and
Building Plan Approval), and in consideration of the goals and objectives of the City's 2040
Comprehensive Plan; and
WHEREAS, the City Council finds and determines as follows with regard to Planning
Commission Application No. 2023-007 for the Subject Property located at 7100 Brooklyn Boulevard:
1. The proposed site and building plan is inconsistent with the use and character
of surrounding properties, which are primarily business and commercial in
nature; and
2. Due to its location, the proposed site and building plan is insufficient with
regard to providing safe conditions for pedestrians and motor vehicle ways.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, based upon consideration of the record in this matter, including the
standards set forth in Section 35-7604 (Site and Building Plan Criteria) of the City Code, the
recommendation of the Planning Commission, staff reports, public testimony, written submissions,
and the goals and objectives of the City’s 2040 Comprehensive Plan, are as follows:
1. Planning Commission Application No. 2023-007, for site and building plan
approval, based on the findings of fact and the submitted plans, is hereby
denied.
2. The City Clerk is hereby authorized and directed to provide the Applicant a
copy of this Resolution to serve as written notice of the City Council’s denial
of its request.
RESOLUTION NO.
November 27, 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.
Council Regular Mee ng
DATE:11/13/2023
TO:City Council
FROM:Dr. Reggie Edwards, City Manager
THROUGH:Jesse Anderson, Community Development Director
BY:Ginny McIntosh, City Planner and Zoning Administrator
SUBJECT:Planning Commission Applica on No. 2023-007, Submi ed by 7100 Brooklyn Blvd LLC, for Conversion of a Former Credit
Union and Office Building into a 17-Unit Mul -Family Residen al Building and Related Improvements (7100 Brooklyn
Boulevard)
Requested Council Ac on:
City Council is being asked to consider two alternatives regarding Planning Commission Application No. 2023-007:
1. Approval of Site and Building Plan (Major Amendment) for 7100 Brooklyn Boulevard
Mo on to direct staff to prepare a resolu on approving the site and building plan (major amendment) as outlined in Planning Commission
Applica on No. 2023-007, which would convert a former credit union and office building to a 17-unit mul -family residen al building, subject to
the outlined condi ons of approval.
2. Approval of Site and Building Plan (Major Amendment) for 7100 Brooklyn Boulevard
Mo on to direct staff to prepare a resolu on denying the site and building plan (major amendment) as outlined in Planning Commission
Applica on No. 2023-007 with outlined findings of fact.
Background:
7100 Brooklyn Blvd LLC (“the Applicant”) is reques ng review and considera on of a proposal that would convert a former credit union and office
building located at 7100 Brooklyn Boulevard (“the Subject Property”), into a 17-unit mul -family residen al building. The Subject Property was
sold to the Property Owner and Applicant in March 2023 per Hennepin County records.
Sec on 35-7605 (Amendments) provides that a major amendment to an approved site and building plan shall be triggered under certain outlined
scenarios, including a, “20 percent or greater change in the number of residen al units.” A review of a major amendment under the City’s Unified
Development Ordinance shall follow the procedure set forth for the issuance of a new site and building plan approval. As the proposal would
result in a 100-percent change in the number of residen al units, this threshold is triggered.
A public hearing no ce for the site and building plan request was published in the Brooklyn Center Sun Post on September 28, 2023. Mail
no fica ons were mailed to all physical addresses and tax payers within 350 feet of the Subject Property and the no ce posted to the City of
Brooklyn Center’s website.
The Planning Commission held a public hearing and reviewed the applica on request at their mee ng on October 12, 2023. In advance of the
public hearing, City staff received communica on from the neighboring Brooklyn United Methodist Church, who owns an overflow parking lot to
the north of the Subject Property (PID: 27-119-21-32-0004) and a pe on comprised of signatures from 31 individuals opera ng out of the
Boulevard Plaza office condominiums located to the south of the Subject Property.
The author of the pe on le er, Jeane e Tuzinski, was also present virtually during the hearing and spoke against the project, expressing that this
area was a business district and was not a residen al area. She noted that, despite there being 50 or so parking spaces on-site, the credit union
only ever used 15 or 20 parking spaces at most and it (Subject Property) was essen ally vacant. Later in the hearing, she noted that the proposal
was, “a good concept and I like it, just not there.”
Tom Foster, Trustee Chair for Brooklyn United Methodist Church, was also present at the mee ng and indicated that the only concern they had
was a request to extend a privacy fence between the Church and Subject proper es and towards Brooklyn Boulevard due to pedestrian traffic and
dumpings on their overflow lot. He indicated that, following the presenta on provided by City staff and the noted occupancy within the building,
the use likely won’t be as large of an issue as previously thought, but they s ll desired the fence.
Resident Diane Sannes inquired on the number of residents who could poten ally occupy each of the units and where the residents might
recreate. Addi onal ques ons were raised regarding the City’s stormwater pond and the ability to fence the area and the number of vehicles
parked on the Subject Property. She also noted a damaged transformer (later confirmed to be a phone company pedestal) located just off of the
Subject Property in the right-of-way and general blight around the property.
Representa on of the Applicant and Property Owner were present and addressed ques ons posed by the Planning Commission, provided an
overview of the building code requirements necessary to convert the building, and expressed an overall willingness to work with the City to meet
City Code requirements for the proposed use.
As part of the public hearing process, the Planning Commissioners entered into a dialogue regarding the project and concerns iden fied in the
submi ed pe on le ers. The following ques ons were posed by the Planning Commissioners:
1. Availability for outdoor amenity space (e.g. grilling areas)
2. Safety and security within the building
3. The types of tenants likely to occupy the building (e.g. families, single occupants), unit mix, and proposed rents
4. Availability of on-site management and general ques ons regarding property owner
5. Opportuni es to address concerns addressed by the neighboring property owners and op ons for a fence adjacent to the Brooklyn United
Methodist Church overflow lot and along the City stormwater pond
Following close of the public hearing, the Planning Commission elected to recommend (3-2) City Council denial of the requested site and building
plan (major amendment) for the Subject Property located at 7100 Brooklyn Boulevard and as contemplated under Planning Commission
Applica on No. 2023-007.
Following the October 12, 2023 Planning Commission mee ng, the Applicant requested addi onal me to address the concerns iden fied by
Brooklyn United Methodist Church and Boulevard Plaza Office Condominiums and make revisions to their plans in advance of City Council review.
Pursuant to Minnesota Statutes Sec on 15.99, subdivision 3.f, City staff requested a 60-day extension to the applica on review to allow the
addi onal me necessary for the Applicant to respond to the concerns presented by the neighboring property owners and for City staff to review
the presented revisions. The staff report has been updated to reflect these updates, which include some minor modifica ons to the east por on of
the parking lot, the addi on of bike racks, and the extension of privacy fencing along the northern property line. The photometric plan has also
been updated per City staff comment, and the Applicant provided responses following the Planning Commission mee ng to address concerns
outlined by those present at the public hearing.
Although the Applicant expressed a willingness to install a fence along the eastern property line and adjacent to the City’s stormwater pond, there
are numerous easements running through this area and there were addi onal complexi es in that the City requires access to the area for ongoing
maintenance and repair of the pond area.
The Applicant inquired on whether fencing along the southern property line (Boulevard Plaza Office Condominiums) was a possibility; however,
City staff expressed concerns with poten ally boxing owners in given the limited separa on between the Subject Property, neighboring Boulevard
Plaza, and their exterior mechanical equipment.
Following the public hearing, Pham-Vang Optometry, who was one of the 31 pe oners from the Boulevard Plaza Office Condominiums, submi ed
a separate pe on le er. Addi onal email communica on was received from Brooklyn United Methodist Church in which Tom Foster noted that
they were, “surprised with the disapproval of the proposal.” It was further reiterated that they would like to keep the request for the privacy fence
and inquired on the next steps for review with City Council. These communica ons have been included for the record under Exhibit F in the
updated staff report.
The City of Brooklyn Center Housing Commission received informa on regarding the proposal at their mee ng on October 17, 2023 and were
generally in favor of the proposed conversion of the former Spire (Electrus) Credit Union building to 17-units of mul -family residen al and cited
housing diversity and choice as part of their support of the proposal. Addi onal comments were outlined regarding how the neighboring business
owner ’s grievances might be addressed, as well as general ques ons regarding the former building’s use and ADA accessibility. An addi onal
request was made to review the mee ng minutes and recording of the Planning Commission mee ng on October 12, 2023.
City staff has also been in communica on with the Applicant and Property Owner regarding vehicles stored on the Subject Property and their
removal. The Applicant noted that they were unaware at the me that the storing of vehicles was not permi ed in the district the Subject
Property is located within and have since removed vehicles from the property.
A copy of the Planning Commission Report for Planning Commission Applica on No. 2023-007, originally dated October 12, 2023, and last updated
for the City Council mee ng on November 13, 2023 mee ng, is included. City staff requests City Council review and considera on of the provided
materials and the recommended adop on of a mo on that would direct City staff to prepare a resolu on for final ac on and adop on at the
November 27, 2023 City Council mee ng.
Budget Issues:
None to consider at this me.
Inclusive Community Engagement:
An racist/Equity Policy Effect:
Strategic Priori es and Values:
Targeted Redevelopment
ATTACHMENTS:
Descrip on Upload Date Type
Staff Report and Exhibits - 7100 Brooklyn Boulevard (last revised November 13, 2023)11/7/2023 Backup Material
App. No. 2023-007
PC 10/12/2023 | Revised CC 11/13/2023
Page 1
Planning Commission Report
Original Meeting Date: October 12, 2023
Last Revised: November 13, 2023
Application No. 2023-007
Applicant | Property Owner: 7100 Brooklyn Blvd LLC
Location: 7100 Brooklyn Boulevard, Brooklyn Center, MN 55429
Requests: Site and Building Plan (Major Amendment)
Map 1. Subject Property Location.
Requested Action
7100 Brooklyn Blvd LLC (“the Applicant”) is requesting review and consideration of a proposal that would
convert a former credit union and office building located at 7100 Brooklyn Boulevard (“the Subject
Property”), into a 17-unit multi-family residential building—refer to Exhibit A. The Subject Property was
sold to the Property Owner and Applicant in March 2023 per Hennepin County records.
Section 35-7605 (Amendments) provides that a major amendment to an approved site and building plan
shall be triggered under certain outlined scenarios, including a, “20 percent or greater change in the
number of residential units.” A review of a major amendment under the City’s Unified Development
Ordinance shall follow the procedure set forth for the issuance of a new site and building plan approval.
As the proposal would result in a 100-percent change in the number of residential units, this threshold is
triggered.
A public hearing notice for the site and building plan request was published in the Brooklyn Center Sun
•Application Filed: 09/12/2023
•Review Period (60-day) Deadline: 11/11/2023
•Extension Declared: Yes
•Extended Review Period Deadline: 01/10/2024
App. No. 2023-007
PC 10/12/2023 | Revised CC 11/13/2023
Page 2
Post on September 28, 2023 (Exhibit B). Mail notifications were mailed to all physical addresses and tax
payers within 350 feet of the Subject Property and the notice posted to the City of Brooklyn Center’s
website.
Existing Conditions
Image 1. Existing Site Conditions at Subject Property.
App. No. 2023-007
PC 10/12/2023 | Revised CC 11/13/2023
Page 3
Background
The Subject Property appears to have originally been home to the City of Brooklyn Center City Hall offices
before relocation to its current address of 6301 Shingle Creek Parkway. In 1985, under Planning
Commission Application No. 85011 (Exhibit C), requests for site and building plan and special use permit
approvals were requested by then Applicant Uhde/Nelson, Inc. to allow for the construction of two office
buildings of approximately 21,180-square feet total. This was intended to be a two-phase proposal in
which access to the sites were to have been via a single driveway off Brooklyn Boulevard, which was where
the old City Hall entrance was located.
The first and larger phase (west), which was ultimately constructed, was a two-story, approximately
14,000-square foot office building that was noted for occupancy by Edina Realty and slated for 70 parking
spaces. The second phase (east), which was never constructed, was earmarked for a smaller two-story,
approximately 7,000-square foot office building with 44 parking spaces. At that time, the Subject Property
was collectively zoned R5 (Multiple Family Residence) District, which allowed for limited “office uses” as
special uses in the R5 District.
Although true mixed-use districts were not in place until adoption of the City’s Unified Development
Ordinance in January 2023, the preceding zoning code did allow for limited non-residential uses within its
higher density multi-family residential districts through issuance of a special use permit. Special uses at
that time and within these districts included nursing homes, religious uses, public and private elementary
and secondary schools, and “certain service-office uses” which were demonstrated to be compatible to
and of comparable intensity to permitted R5 district land uses.
These office uses were subject to what were then the C1 (Service/Office) District provisions and further
restricted in that not all C1 District uses were permitted. An example of this would be the adjacent
Boulevard Plaza office condominiums development, which was zoned R3 (Multiple Family Residence)
District up until January of this year. This development, like the Subject Property, would’ve been limited
to low intensity office uses such as financial, employment, and legal offices, and medical, dental, and
chiropractic offices. It can be inferred from the former zoning code provisions that these office uses were
specifically permitted through issuance of a special use permit as their intensities and general
operations/hours would have minimal impacts on those uses which were permitted within the district
(i.e. multi-family residential).
With the adoption of the new Unified Development Ordinance in 2023, which includes the City’s zoning
provisions, the Subject Property, along with a number of other properties fronting Brooklyn Boulevard,
were re-zoned to the new Neighborhood Mixed-Used District designations of MX-N1 and MX-N2.
With City approval of the two-phase commercial development in 1985, which included the Subject
Property, the Subject Property and neighboring parcel to the east, which is unaddressed, were re-platted
to 7100 Corporate Plaza Addition, and re-platted again to 7100 Corporate Plaza 2nd Addition. Certain
shared access and signage provisions were recorded as part of these approvals given that the second
phase would’ve been landlocked and without direct right-of-way access.
In January 2023, and as part of the pending sale, City staff worked with the former property owner and
the proposed buyer (Applicant) of the Subject Property to prepare an access easement and utility facilities
agreement to ensure the City had a perpetual easement in place for access to certain drainage and utility
easements running through the Subject Property and to the City’s stormwater pond, which is located
where the second phase would have been located. This storage and treatment pond not only serves the
App. No. 2023-007
PC 10/12/2023 | Revised CC 11/13/2023
Page 4
Subject Property, but the southern half of the City’s Woodbine neighborhood. City staff also worked
through the termination of a Declaration of Covenants, Conditions, Restrictions and Maintenance
Agreement for a private road intended for the second phase, which was never constructed, and a License
Agreement for certain signage to be located on the Subject Property, which was no longer necessary.
The Applicant initially entered into formal communication with City staff regarding plans to submit a
Planning Commission application in June 2023. Although initial plans were submitted in July 2023 to City
staff, a letter of incomplete was provided to the Applicant on July 24, 2023 as certain information,
including project background information, civil and landscape plans, were not provided. It was at this time
that City staff asked for revisions to the application materials, and requested a pre-application meeting to
walk through the materials in advance of the upcoming Planning Commission application deadlines. City
staff met with the Applicant and development team on August 15, 2023 to discuss the required plans and
information for the proposal. A revised submittal was provided to City staff on September 12, 2023.
Although the staff report was originally dated for the October 12, 2023 Planning Commission meeting,
this staff report has since been updated to reflect revised architectural (October 25, 2023), civil
(October 25, 2023), photometric (October 25, 2023), and landscaping (October 25, 2023) plans. The
Applicant has also provided a series of responses to concerns raised regarding the Subject Property
proposal at the October 12, 2023 Planning Commission meeting—refer to Exhibit A.
Site Data:
2040 Land Use Plan: Neighborhood Mixed-Use (N-MU) – 15.01-31 DU/Ac.
Neighborhood: West Palmer Lake
Current Zoning: Neighborhood Mixed-Use District (MX-N2) – 15-31 DU/Ac.
Site Area: Approximately 0.99 acres
Surrounding Area:
Direction 2040 Land Use Plan Zoning Existing Land Use
North PSP/Institutional | LDR
(3.01-5 DU/Ac.)
Neighborhood Mixed-Use
District (MX-N2) | R1 (Low
Density Residential) District
Institutional (Brooklyn United
Methodist Church Overflow Lot) |
Single Family Detached
South N-MU (15.01-31 DU/Ac.)Neighborhood Mixed-Use
District (MX-N2)
Office (Boulevard Plaza Office
Condominiums)
East Industrial/Utility Neighborhood Mixed-Use
District (MX-N2)
Undeveloped (City Stormwater
Pond)
West PSP/Institutional | High
Density Residential
(15.01-31 DU/Ac.)
PUD/C1 (Planned Unit
Development/Commercial 1)
District | Neighborhood
Mixed-Use District (MX-N1)
Institutional (CEAP, Hennepin County
Human Service Center, and Osseo
Area Schools Offices) | Apartments
(Willow Lane – 58 Units)
SITE AND BUILDING PLAN REQUEST
The Applicant requests to convert a former credit union and office building, which was initially approved
by City Council in 1985 and constructed in 1986, to a 17-unit multi-family residential building.
Section 35-4103 (Allowed Use Table) of the City’s Unified Development Ordinance allows for “multiple
family dwellings” as a permitted use within the City’s Neighborhood Mixed-Use (MX-N2) District, subject
to City Council approval of a site and building plan and in conformance with the City’s density
requirements for the aforementioned district (15-31 dwelling units per acre), requirements with respect
App. No. 2023-007
PC 10/12/2023 | Revised CC 11/13/2023
Page 5
to the site (e.g. parking, landscaping, photometric, screening), and as provided for within the City’s 2040
Comprehensive Plan.
Table 1. Excerpt of Section 35-4103 (Allowed Use Table) and Proposed Use of Subject Property.
The submitted proposal contemplates a conversion of the building to a 17-unit multi-family residential
building, which is in conformance with the MX-N2 District’s density allowances for the 0.99-acre Subject
Property. As proposed, the proposed redevelopment would be on the lower end of density permitted
within the City’s MX-N Districts. This is reinforced through the City’s 2040 Comprehensive Plan, which
denotes the Subject Property’s future land use designation as “Neighborhood Mixed-Use (N-MU)” and
again, allows for a density range of 15.01 to 31 dwelling units per acre (DU/Ac.).
A unit mix is provided in the architectural plan set, which indicates the following:
Main Floor
Unit # Unit Type Square Feet (SF)
101 2-Bedroom 706
102 1-Bedroom 686
103 Studio 495
104 Studio 466
105 1-Bedroom 482
106 1-Bedroom 476
107 1-Bedroom 677
Second Floor
Unit # Unit Type Square Feet
201 1-Bedroom 617
202 1-Bedroom 344
203 1-Bedroom 342
204 1-Bedroom 344
205 Studio 302
206 Studio 428
207 1-Bedroom 531
208 Studio 252
209 1-Bedroom 395
210 1-Bedroom 414
Table 2. Unit Mix Breakdown for the Subject Property.
App. No. 2023-007
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Page 6
In reviewing the above table, City staff noted that the Applicant should verify unit types and sizes, as it
appeared some of the 1-bedroom units are smaller than proposed studio units. As proposed, community
amenities within and on the Subject Property would be fairly minimal. A shared laundry room is provided
for on the main level and a private residence party room with small kitchenette space is located in the
basement level—this space was formerly used as a training room for the former user, Electrus (Spire)
Credit Union. The civil plans have been updated to incorporate a bike rack to the east end of the property.
Image 2. Revised Site Plan for Subject Property (October 25, 2023).
Site Design
As proposed, the proposed conversion from the existing office building use to multi-family residential
would result in limited impacts to the existing exterior areas of the Subject Property. Although there are
plans to remove an existing standalone ATM located at western edge of the property, re-stripe and
remove certain parking within the surface parking lot, and install a new, expanded trash enclosure along
the eastern edge of the property, almost all work would be contained to the interior of the building.
Traffic | Access |Circulation | Connection
There are no plans to alter the existing curb cut, which is located off the east side of Brooklyn Boulevard
and provides full vehicular access to and from the Subject Property. Similarly, there are no major plans to
alter the existing surface parking lot and circulation given that the majority of work would be contained
to the interior of the former office building.
A multi-use trail currently runs parallel to the property line of the Subject Property and along Brooklyn
Boulevard. The 723 (local) Metro Transit bus line provides service at stops located just off the Subject
Property, with service by the 761 (express) line located to the north. Following communication with City
staff, the Applicant revised their plans to incorporate a bike rack to the east side of the building.
App. No. 2023-007
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Page 7
Image 3. Existing Access, Parking, and Circulation on Subject Property.
Parking
The Subject Property appears to have 64 parking spaces available to date, although some of the parking
spaces appear too narrow for parking purposes. As proposed, the Applicant intends to remove five (5)
parking spaces located just outside the doors located on the east side of the building to allow for the
turning movements necessary for a garbage truck and the bike rack and an additional five (5) parking
spaces at the northeast end of the parking lot to accommodate the new trash enclosure. The City’s Unified
Development Ordinance, as outlined under Section 35-5506 (Required Parking Spaces), notes a maximum
provision of two (2) parking spaces per dwelling unit in multi-family residential situations. Assuming 17
dwelling units, a maximum of 34 parking spaces is required per Code.
Even with the removal of parking spaces, the Applicant intends to provide 52 on-site parking spaces.
Although this results in a surplus of approximately 18 parking spaces, City staff did not push for the
removal of existing impervious to fall within Code requirements to provide additional green or amenity
space as there are other potential implications to consider with respect to Watershed rules.
As it stands, the submitted plans denote a total impervious surface coverage of 76-percent, which falls
below the City’s newly outlined maximum impervious coverage of 80-percent for Neighborhood Mixed-
Use District properties. As the Subject Property is non-conforming with respect to setback regulations and
parking lot placement as outlined under the Neighborhood-Mixed Use District provisions, City staff would
welcome future opportunities to provide residents with additional outdoor amenity space.
As is demonstrated in the submitted plans, the minimum drive aisle widths and dimensional standards
outlined within Section 35-5504 (Parking Space Standards) appear to be met. In order to manage parking
and as part of the plan updates, the Applicant also intends to provided dedicated parking space
(numbering) for each of the units and as a means to manage parking.
App. No. 2023-007
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Page 8
Lighting
Image 4. Revised Photometric Plan for the Subject Property (October 25, 2023).
An original photometric plan submitted as part of the October 12, 2023 report contained a number of
deficiencies with the lighting requirements as outlined under City Code for open air parking lots, fixture
types, and illumination levels with respect to the neighboring uses. In response to City staff comments,
the Applicant worked with a different lighting contractor to revise the lighting plans per City Code
requirements. Any and all lighting and fixtures shall comply with City Code provisions as outlined under
Section 35-5400 (Exterior Lighting). The revised plans appear to generally fall within the allowable open-
air parking lot illumination levels permitted under City Code. Similarly, the proposed light poles are noted
as 20 feet in height, which falls within the maximum allowable pole heights, and the wall fixtures have
since been revised from wall-packs, which are not permitted except for service/loading areas, to LED wall
sconces.
The illumination levels along the building have also since been reduced following City staff concerns
regarding excessive lighting levels and potentially negative impacts on abutting single family residential
properties. Given the proximity of single-family residential to the north, it is important that any and all
lighting limits glare and light spill into the backyards of these properties. Although the wall fixtures appear
to generally meet the minimum illumination levels for primary entrances and exits, City staff requests
additional illumination levels be provided for the lighting over the exit door located on the north elevation.
Trash | Screening
An existing trash enclosure is located on the east side of the Subject Property; however, the Applicant
proposes to replace and relocate the trash area further to the east, towards the edge of the parking lot.
The existing trash enclosure would be removed and the area would be re-purposed for snow storage.
When City staff first met with the Applicant, concerns were raised as to a garbage truck’s ability to
App. No. 2023-007
PC 10/12/2023 | Revised CC 11/13/2023
Page 9
navigate this area as it appeared there were no areas to turn around. This would have required a garbage
truck to pick up trash at the eastern edge of the parking lot and navigate in reverse all the way back (west)
towards the Brooklyn Boulevard entrance before turning around.
Image 5. Turning Movement Diagram for Subject Property.
City staff requested the Applicant provide a turning diagram showing that the turning movements could
be made by a typical garbage truck. Following this, the Applicant’s team revised the site plan to make
alterations to the east portion of the parking lot and removed the parking located just outside the east
doors to allow for maneuvering. A turning movements diagram (Sheet C6—Exhibit A and Image 5 above)
was provided that demonstrates the ability for a 30-foot long truck to navigate the trash enclosure and
parking lot area. City staff had previously requested striping and signage to ensure no one parked or
obstructed this area—the civil plans have since been revised to indicate a painted access aisle with white
cross hatching.
As proposed, the new, expanded trash enclosure would be constructed of brick or stone to match the
existing brick building and with precast concrete caps. The enclosure appears to feature wooden, opaque
doors. Although no measurements are provided, the new trash enclosure should be located a minimum
of five (5) feet off the interior property line.
All ground mounted equipment over 30-inches in height or greater than 12-cubic feet (e.g., transformers,
mechanical) shall be effectively screened from public view. Similarly, roof-mounted equipment shall also
be screened from view through use of parapets, wall/ fencing materials, or paint compatible and
complementary to the building.
In visiting the Subject Property, City staff noted clear visibility to the neighboring single-family residential
to the north—refer to Image 6 below. Although the City approvals noted under Planning Commission
Application No. 85011 acknowledged an existing cedar hedge along the north and east property lines as
an appropriate method of screening from the residential uses, it was also stipulated that replacement
screening would be required were it to fail.
App. No. 2023-007
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Page 10
Image 6. Existing Parking Lot (Eastern) at Subject Property and Visibility of Single-Family Residential | Revised Fencing.
Although there is an existing chain link fence in place, City staff requested the Applicant revise the
screening along the north property line to comply with the City’s screening standards and specifically to
minimize the negative impacts of vehicle lights shining into single-family residential yards as they navigate
the parking lot—these provisions are addressed under Section 35-5608 (Screening). In reviewing the
originally submitted preliminary landscape plan, a new section of 6-foot cedar fence was provided for
along the north end of the east parking lot. City staff requested the fence be located outside the identified
easement running along the northern property line.
Following the Planning Commission and public hearing on October 12, 2023, the Applicant requested City
staff allow for the revision of plans to address comments made by Brooklyn United Methodist Church for
a privacy fence along the northern property line and to address City staff comments. Although concerns
were also raised regarding the City holding pond, which is to the east of the Subject Property, there are a
number of easements running through the Subject Property and the City has an agreement with the
Subject Property ownership for continued and unrestricted access to the holding pond via the Subject
Property for ongoing maintenance and repair of the pond. This presented challenges and constraints with
respect to the type of fencing required and minimum clear access requirements for equipment. The
revised plans now reflect a 6-foot cedar fence running almost the entire length of the northern property
line. In communication with the Applicant, City staff requested a buffer from the above ground equipment
(e.g. transformers) located off Brooklyn Boulevard as Xcel Energy has minimum buffer requirements for
equipment walls and doors and to comply with maximum height provisions in the front yard area.
Architectural Materials
There are no plans to alter the exterior of the building, with the exception of some identified tuckpointing
required on the existing brick exterior. A new engineered canopy would be installed over a proposed
exterior mailbox area located outside the main doors and to match the existing main entry canopy—refer
to Image 7 below.
City Code requires no less than 60-percent face brick, natural or colored stone, pre-colored or factory
stained or stained on site textured pre-cast concrete panels, textured concrete block, stucco, glass,
App. No. 2023-007
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Page 11
fiberglass, or similar materials. Although this requirement appears to have been met, City staff requests
a rendering with a schedule breakdown of building materials by percent—this is both for compliance and
for record-keeping purposes.
Image 7. Subject Property Exterior with Proposed Minor Alterations and Maintenance.
Landscaping
As there is a previously approved landscape plan on file for the Subject Property, approved in 1985 under
Planning Commission Application No. 85011, City staff requested the Applicant work off this plan as a
baseline. It should be noted that the approved landscape plan contemplated the two-phase development;
therefore, there are certain plantings contemplated in the original 1985 plan that were never installed.
The 1985 plans noted a provision for 13 deciduous trees (i.e. Japanese White Birch, Pin Oak, Green
Seedless Ash), 15 Evergreens/Conifers (i.e. Colorado Green Spruce), 190 deciduous shrubs (i.e. Red-
twigged Dogwood, Goldflame Spirea, Lilacs), and 29 Evergreen Shrubs (i.e. Mugho Pines, Moppet Junipers,
Mint Julep Junipers). Although difficult to read, it appears certain ornamental trees, including Canada Red
Cherry and Red Splendor Crab, were to be planted.
The Applicant provided a preliminary plan schedule and landscape plan, which was reviewed as part of
the October 12, 2023 report. At the time, City staff noted that, while Green Ash trees are native to
Minnesota, they have generally been overplanted and with the presence of Emerald Ash Borer in the
state, are becoming less and less common. The provided Field Tree Inventory Log (Table 4—below)
denotes a five (5) Green Ash trees present on the Subject Property that are identified as in “poor
condition” and noted with “EAB” (Emerald Ash Borer). City staff requests the Applicant determine if there
are any opportunities to treat the trees given their deteriorating condition. If not, City staff requests the
Applicant work with a City approved certified arborist to remove the trees in a manner that minimizes the
spread of Emerald Ash Borer.
In addition, select Hackberry and Siberian Elms were noted as in poor condition as well. These trees, if
removed, would ultimately require replacement of similar type. The City’s new provisions surrounding
landscaping stress that no more than 40-percent of the total trees should be of the same species—this is
to promote species diversity and resilience. Additionally, landscape vegetation should emphasize native
and resilient plant types where possible.
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Page 12
The Applicant has since revised the landscape plans (October 25, 2023) to incorporate 10 additional Isanti
Redosier Dogwoods (shrubs).
An underground irrigation system is required for install in all landscaped areas to help facilitate site
maintenance and was noted in the 1985 approvals—this requirement still stands today and any new areas
of landscaping or areas with damaged or missing landscaping would require replacement. The submitted
landscape plan identifies existing turf and irrigation lines intended to remain as well as new drip irrigation
to be installed around the building foundation planting areas.
In reviewing the originally submitted landscape plans, City staff noted a considerable area along the
northern property line was proposed for the installation of wood mulch, which is considered a temporary
ground cover. Although edging can be utilized to help contain the mulch, City staff expressed concern with
the proximity of this area to the City’s stormwater pond and the fact that a portion of this area is intended
for snow storage. With this in mind, City staff requested the Applicant identify alternative landscaping
measures for this area. The Applicant has since revised the landscape plans to reflect the installation of
rock mulch in those areas surrounding the trash enclosure and snow storage areas before transitioning to
wood mulch along the property line area. This is generally acceptable to City staff.
Table 3. Revised Preliminary Plant Schedule for the Subject Property.
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Page 13
Table 4. Submitted Field Tree Inventory Log for the Subject Property.
Signs
The Applicant requested reuse of the existing sign cabinet located at the top of the building and facing
Brooklyn Boulevard, which is approximately 61-square feet in size. Any new signage would be required to
comply with the provisions outlined within Section 35-6000 (Signs) of the City Code. Although the sign
size appears to exceed the City’s maximum wall size provisions for multiple family dwelling units, Section
35-6300 (Nonconforming Signs) stipulates that, “nonconformities will generally be permitted to continue
under the provisions of this Code;” therefore, it is interpreted that a replacement panel would be
permitted. Should the wall sign be majorly altered or the cabinets replaced in the future, the sign would
be required to comply with City Code requirements.
Engineering Review
James Soltis, Assistant City Engineer, reviewed the submitted plans and provided a memorandum dated
October 4, 2023 (Exhibit D). Although a review of the revised plan sets was conducted, all conditions
outlined in the October 4, 2023 memo are still applicable. The memo requests alterations to the ADA
(Americans with Disabilities Act) identification signage locations. Further, the proposed sidewalks do not
appear to meet ADA regulations with respect to grading and will require revision to meet Section 406 of
the 2020 Minnesota Accessibility Code provisions for landings and ramps. The Applicant will also be
required to obtain permits from Hennepin County for any potential work in the right-of-way (Brooklyn
Boulevard).
Building and Fire Review
Building Official Dan Grinsteinner conducted a cursory review in a memorandum dated October 9, 2023
(Exhibit E) of the proposal for the Subject Property and indicated that fire sprinkler and monitoring
systems are required by code and are required to be maintained at all times. Given the proposed
conversion, select sprinkler heads and systems may need to be relocated as part of the multi-family
buildout.
The Applicant will also need to meet any minimum ADA requirements for any exterior and interior building
improvements, and prior to the issuance of building permits, a SAC determination shall be submitted to
App. No. 2023-007
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Page 14
the Metropolitan Council given the change of use. Any associated fees shall be paid at time of permit
issuance.
Although the work appears to be minimal, the Applicant should coordinate with the Hennepin County
Health Department to ensure no approvals are necessary for the private residence party room located in
the basement level.
All building plans are subject to review and approval by the Building Official with respect to applicable
codes prior to the issuance of permits.
CPTED Review
City staff requests that as part of any construction set review and in advance of any permit release, a
CPTED (Crime Prevention through Environmental Design) review be completed by City staff. Further, the
Property Owner (Applicant) will be required to apply for and maintain a rental license with the City of
Brooklyn Center, and in advance of any occupancy.
Other Considerations | Public Comment (to date)
As mentioned in the beginning of the report, a public hearing notice was published in the Brooklyn Center
Sun Post, and mail notifications sent to all physical addresses within 350 feet of the Subject Property. On
October 4, 2023 City staff received a voicemail from a business owner located within the Boulevard Plaza
office condominiums, located just south of the Subject Property. On October 6, 2023, City staff received
a letter with an attached petition comprised of signatures from 31 individuals operating out of the
Boulevard Plaza office condominiums. The aforementioned letter is included for the record as Exhibit F—
it should be noted that City staff has redacted the email addresses and phone numbers on the petition.
The letter provided outlines a variety of concerns, including but not limited to:
•Changing the environment of the area to one of a residential area rather than business district;
•Ongoing and continued safety concerns;
•Ongoing and increased traffic (both foot and vehicle);
•Dumping concerns; and
•Privacy concerns
On October 11, 2023 City staff received an email from representation of Brooklyn United Methodist
Church, who indicated a, “vested interest in the housing proposal because our parking lot abuts the
property in question.” They inquired on the proposal and requested installation of a privacy fence
between the Subject Property and the overflow lot. A follow-up email was sent to City staff following the
public hearing. Pham-Vang Optometry, who initially signed the petition letter presented by the Boulevard
Plaza office condominiums submitted a separate letter of petition following the public hearing on October
13, 2023. These letters have been included as part of Exhibit F.
ANTICIPATED PERMITTING AND CONDITIONS
Following a review of the submittal materials and the request, City staff recommends the following
conditions be attached to any positive recommendation on the approval of Planning Commission
Application No. 2023-007 for the conversion of the former Electrus (Spire) Credit Union office building,
located at 7100 Brooklyn Boulevard, to a 17-unit multi-family residential building:
1.Any major changes or modifications made to this Site and Building Plan, and as outlined
App. No. 2023-007
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Page 15
within the City Code, can only be made by an amendment to the approved Site and
Building Plan as approved by the City Council.
i.Photometric Plans and any proposed lighting fixtures are to comply with Section
35-5400 (Exterior Lighting).
ii.Revise submitted preliminary landscape plan to clearly identify mitigative
measures to address existing trees, including Green Ash, that are in “poor
condition.” A plan noting proposed tree removals should be provided with
proposed replacements. Any landscaping removed shall be replaced with similar
planting types and in accordance with Section 35-5600 (Landscaping, Screening,
and Fences).
2.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be
appropriately screened from view per City Code requirements and a detail sheet
provided. All trash and recycling shall be contained within the enclosure area and regular
trash and recycling pick ups scheduled based upon the needs of residents.
i.Per City Code requirements, the proposed trash enclosure shall be located a
minimum of five (5) feet from the interior and rear property lines.
3.The building plans are subject to review and approval by the Building Official and as
outlined in the memorandum dated October 9, 2023 with respect to applicable codes
prior to the issuance of permits.
4.The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have
been met as part of any site plan approval and with respect to the proposed modifications
to the building.
i.A fire sprinkler system is required to be installed and shall be maintained on a
consistent basis per City Code requirements.
5.A SAC Determination shall be submitted by the Applicant to the Metropolitan Council for
the change of use and any associated fees paid at time of any permit issuance.
6.Application to and approval from the Hennepin County Health Department as needed for
the amenity space identified as the private residence party room.
7.The Applicant shall provide any final site and building plans to City staff for a CPTED review
and make alterations as necessary prior to permit release.
8.The Applicant shall ensure an irrigation system is in place to facilitate maintenance of new
and existing site landscaping and green areas, and irrigation shop drawings for any new
systems shall be submitted for review and approval prior to installation.
9.The Applicant agrees to comply with all conditions or provisions noted in the Assistant
City Engineer’s review memorandum, dated October 4, 2023.
10.The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall,
freestanding) and receive issuance of a permit prior to any installation.
11.The Property Owner (Applicant) shall apply for and maintain a City of Brooklyn Center
Rental License. No building occupancy shall be granted prior to issuance of a City Rental
License.
ALTERNATIVES
1.Vote to recommend City Council approval of Planning Commission Application No. 2023-007 for
approval of a site and building plan for the Subject Property located at 7100 Brooklyn Boulevard
with the above-outlined conditions of approval. By voting to approve this application, the site and
building plan would be approved for the conversion of a former credit union and office building to a
17-unit multi-family residential building, subject to the above-noted conditions of approval.
App. No. 2023-007
PC 10/12/2023 | Revised CC 11/13/2023
Page 16
2.Vote to recommend City Council denial of Planning Commission Application No. 2023-007 for
approval of a site and building plan for the Subject Property located at 7100 Brooklyn Boulevard.
By voting to deny this application, the request to convert the former credit union and office building
to a 17-unit multi-family residential building would be denied with outlined findings of fact.
ATTACHMENTS
Exhibit A – Planning Commission Application No. 2023-007 Plans and Documents, submitted September 12, 2023,
and last revised October 25, 2023.
Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, dated September 28,
2023.
Exhibit C – Report and Documentation for Planning Commission Application No. 85011.
Exhibit D – Review Memorandum, prepared by Assistant City Engineer James Soltis, dated October 4, 2023.
Exhibit E – Review Memorandum, prepared by Building Official Dan Grinsteinner, dated October 9, 2023.
Exhibit F – Boulevard Plaza Office Condominiums Letter of Petition, dated October 6, 2023, Email Communication from
Brooklyn United Methodist Church, dated October 11, 2023 and October 13, 2023, and Pham-Vang
Optometry LLC Letter of Petition, dated October 13, 2023.
Exhibit A
T-100
LOCATION MAP
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LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
7100 BOULEVARD PLAZA
7100 BROOKLN BOULEVARD
BROOKLYN CENTER, MN 55429
SHEET INDEX2
PROJECT LOCATION
SHEET T-100 TITLE SHEET WITH LOCATION MAP AND SHEET INDEX
SHEET T-101 CODE REVIEW / PROJECT NARRATIVE
SHEET T-102 SECURITY SYSTEM REQUIREMENTS / UNIT BREAKDOWN
SHEET A-001 BASEMENT PLAN
SHEET A-101 MAIN FLOOR PLAN
SHEET A-102 SECOND FLOOR PLAN
SHEET A-201 EXTERIOR ELEVATIONS
SHEET A-202 EXTERIOR PHOTO
SHEET A-301 BUILDING WALL SECTION / INT ELEV / DETAIL
SHEET A-302 ADA BATH PLAN / ELEVS
SHEET A-303 LAUNDRY ROOM ELEVS / BATH DETAILS
SHEET A-304 ADA KITCHEN ELEVATIONS / DETAILS
SHEET A-501 UL DETAIL IIC STC
SHEET A-502 UL DETAIL IIC STC
SHEET A-503 DOOR SCHEDULE
SHEET A-504 DOOR SCHEDULE
T-101
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
CODE REVIEW1
PROJECT NARRATIVE2
Code Review
Code Review by Deborah Everson 612.237.0108
Owner of Project = 7100 Brooklyn Boulevard LLC
Project Location = 7100 Brooklyn Boulevard, Brooklyn Center, MN 55429
Intent = Conversion / Alteration from B office to new apartments R-2
Code Used = 2020 Minnesota Conservation Code for Existing Buildings
301.3.1 Prescriptive Compliance Method which refers to 2020 Minnesota Building Code
Existing Building Height = 2 stories (31'-2”) with partial basement
Existing Building Footprint
Main = 6046 sf Gross F (7 Apartments)
2nd = 5533 sf Gross (10 Apartments)
Building Area (to outside of walls / footprint)
Basement = 1927 sf Gross with Small Assembly Room = 735 sf
This Building has an existing sprinkler system, a fire detection system and a fire alarm system. These
items will be reviewed and updated by Professionals as required.
This Building has an existing parking lot, ADA parking spaces and ADA way into the building. Parking
lot also has pole lighting.
IBC 1004.5 Proposed Occupant Load
Basement Assembly Room = 735sf/15sf/O = 49 Occupants
Main Floor = 4300 sf / 200 sf / O = 22 Occupants
Second Floor = 4315 sf / 200 sf / O = 22 Occupants (Total OL = 93)
Previous Occupancy = B (Bank)
Proposed Occupancy = Non Separated R-2 (17 Apartments) with Accessory Use of B (one small
assembly room in basement]
Note MCCE 1011.4.1 R Apartments are a higher means of egress hazard than banks, therefore use
IBC Chapter 10.
IBC 601 Fire Resistance Rating Requirements for building elements for Type of Construction = IIIB +
Sprinkled throughout
Primary Structural Frame, Interior Partitions, Floor, Roof = 0
Bearing Walls = 2
System required and provided (to be reconfigured by Professional)
IBC 1006.3 Minium Exits
At main and second floor = 2 exits provided with Maximum common path of egress travel
distance = 125'
Provided at second floor - exist paths less than 125'
MCCE 1011.7.2 Stairways exception 2 = stair enclosure not required if stairs serve one other floor
IBC 1020.1 All corridors to have ½ Hour Fire Resistance Rating
All doors on corridors to have 20 minute Fire Rating
IBC 1020.2 Minium corridor width 44 inches, provided is minimum 60 inches
IBC1020.6 Corridor Continuity - to include the unenclosed stairways
IBC 1008.2.1 Minimum 1 foot candle at walking surface under emergency power
IBC 1030.1 Emergency Escape and Rescue Exceptions 4.1 and 4.2 = Building has automatic sprinkler
system and 2 means of egress
IBC Sound Transmission = Partitions & Floor /Ceilings = Minimum 50 STC & IIC
IBC 1209.2 Finish Materials for walls, floors and showers shall comply
IBC 1206 Interior walls between units to have STC rating of not less than 50
IBC 404.6 exception 3 & 4 Atrium - no smoke control required as atrium is not more than 2 floors
high
IBC 420.5 Smoke and Carbon Monoxide Detection Alarms in every Bedroom and Kitchen in every
Unit.
Project narrative
There are many reason this building works as an apartment building:
The building appears to be in a sale location of the city:
·7100 Brooklyn Blvd is located across the street from Northwest Human Services Center / Community
Emergency Assistance.
·The parking lot wraps the building on three sides for clear visual to the front door
·The building itself is simple and there are no hidden places for trouble to begin
The building has a layout that is conducive to apartment living:
·Only two stories make exiting in case of an emergency very obvious and fast
·Exits on either end of the main corridor make choice of emergency exit simple
·Atrium in main entrance is welcoming and full of daylight. It is a nice building to enter into
·An elevator is helpful for anyone unable to use stairs
·Ribbon windows allow natural light into every unit
·Small number of apartments: 17 units available
·49 person event room in the lower level is access by stairs or elevator for events, celebrations, parties, etc.
The Building location is advantageous to the tenants - many amenities close by:
·One block to St. Alphonsus Park and Willow Lane Park
·½ mile north of Hyw 94 / 694
·Only blocks to churches, grocery stores, restaurants, clinics and other important places
·On site laundry (shared)
·On site recycling and garbage (outside)
·Surface parking with 2 parking spaces per apartment and guest parking available
Current rental rates in Brooklyn Center (north side of 94/694 with similar amenities)
·Studio Apartments $1000
·One Bedroom Apartments $1200
·Two Bedroom Apartments $1500
T-102
7100 BROOKLN BOULEVARD REMODEL
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ISSUE DATE
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
UNIT BREAKDOWN2
UNIT #
101
TYPE - TYPE
B - 2 BDRM
SQ FT
706
102 B - 1 BDRM 686
103 B - STUDIO 495
104 466B - STUDIO
105 482B - 1 BDRM
106 476B - 1 BDRM
107 677A - 1 BDRM
201 617B - 1 BDRM
202 344B - 1 BDRM
203 342B - 1 BDRM
204 344B - 1 BDRM
205 302B - STUDIO
206 428B - STUDIO
207 531B - 1 BDRM
208 252B - STUDIO
209 395B - 1 BDRM
210 414B - 1 BDRM
MA
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SECURITY SYSTEM ORDINANCE1
ELEVATOR
111
CLOSET
004
739 SF
PRIVATE RESIDENCE PARTY ROOM
005
KITCHEN
006
HALL
001
BATH
007
STAIR A
110STORAGE
002
BASEMENT PLAN DRAWN BY
OTHERS - DRAWING
DIMENSIONS HAVE NOT
BEEN VERIFIED. DO NOT
SCALE DRAWING. VERIFY
ALL DIMENSIONS IN FIELD.
THIS PLAN IS EXISTING TO
REMAIN - WITH SOME
MINOR MODIFICATIONS OR
FINISH UPDATES
28'-5 1/4"
ELECTRICAL OUTLETS
UPDATE REQUIRED
ONE WAY DOOR PUSH
PLATE PANIC
HARDWARE REQUIRED
PROVIDE DIRECTIONAL
SIGNAGE TO INFORM USER
ABOUT EXISTING ADA
COMPLIANT UNISEX
RESTROOM ON MAIN
FLOOR
FIRE SUPPRESSION
SPRINKLER & FIRE ALARM
TO BE UPDATED BY
PROFESSIONAL FIRE
SUPPRESSION COMPANY
SMOKE & CARBON
MONOXIDE DETECTION
ALARMS REQUIRED
A-001BASEMENT FLOOR PLAN
1/8" = 1'-0"
1
N
7100 BROOKLN BOULEVARD REMODEL
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
SEE CIVIL PLANS FOR LOCATION OF TRASH ENCLOSURE
TRASH ENLOSURE SIZE
IS 11'X30' WITH 2 STEEL
FRAMED SWING DOORS
- CEDAR FACING - EACH
10' WIDE
UP
K-T14428-4PURISTFAUCETSBRASS
UP DN
DN
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
4'-
0
"
MI
N
COLUMN
5'
-
0
"
5'-0"
2'-0"
COLUMN
ENTRY
109
DRAWING DIMENSIONS HAVE NOT BEEN VERIFIED. DO NOT SCALE DRAWING. VERIFY ALL DIMENSIONS IN FIELD.
HATCHED AREAS ARE EXISTING TO REMAIN - WITH SOME MINOR MODIFICATIONS OR FINISH UPDATES
TEXTURED ADA BARS AT EVERY TOILET, SHOWER AND TUB
VESTIBULE
108
ELEVATOR
111
BATH
112
CORRIDOR
113
706 SF/2 BR
UNIT 101
101
686 SF/1 BR
UNIT 102
102 498 SF/STUDIO
UNIT 103
103
466 SF/STUDIO
UNIT 104
104
482 SF/1 BR
UNIT 105
105
476 SF/1 BR
UNIT 106
106
677 SF/1 BR
UNIT 107
107
STAIR A
110
STAIR B
115
EXIT
116
127 SF
LAUNDRY
114
52' EGRESS PATH55' EGRESS PATH
11'-10 3/8"11'-9 1/4"14'-3"9'-7"22'-8"19'-8 1/2"
24
'
-
3
3
/
8
"
15
'
-
3
"
23
'
-
4
1
/
2
"
33
'
-
7
3
/
8
"
30
'
-
7
3
/
8
"
12'-6 1/2"11'-5 1/2"14'-2 1/8"23'-10 1/8"
10
7
A
10
7
B
10
7
C
107D
10
6
A
106B
106C
10
6
D
10
5
E
10
5
A
105B
105C
105D
10
4
A
104B
10
4
C
103A
103B
103C
102B
10
2
A
102C
102E
10
1
A
101B
101C
101D
101E
101F 101G 101H 102D
DW
116
116A
SMOKE AND CARBON MONOXIDE DETECTION ALARMS IN EVERY BEDROOM AND KITCHEN & LAUNDRY AREA
SD
SD/CO
SD
SD/CO
SD SD
SD/CO
SD
SD/CO
SD/CO
SD
SD/CO
SD
SD/CO
SD/CO
SD
10
6
E
10
5
F
PER CITY ORIDINANCE CHAPTER 35 SECTION 35-5301 SECURITY SYSTEMS AND DEVICES: SEE TEXT ON SHEET T-101
MA
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USPS 4C
MAILBOX WITH
NEW CANOPY
3'-0"
5'
-
0
"
28
'
-
2
7
/
8
"
16
'
-
9
3
/
8
"
13
'
-
6
3
/
8
"
13
'
-
2
7
/
8
"
10
'
-
8
1
/
8
"
2'
-
0
"
4'
-
7
"
14
'
-
7
1
/
4
"
4'-0"
6'
-
2
1
/
2
"
7'
-
4
"
10
'
-
1
0
1
/
2
"
4'-0"
5'-0"
5'
-
0
"
9'
-
4
5
/
8
"
8'
-
7
7
/
8
"
7'
-
2
1
/
4
"
10
'
-
2
3
/
4
"
16
'
-
1
1
/
2
"
6'
-
8
"
5'
-
0
"
9'-7"
11
'
-
9
"
13
'
-
7
"
13
'
-
9
"
28
'
-
6
"
14'-5"
18'-3 3/4"
12
'
-
1
1
/
4
"
11'-7 1/8"11'-5"11'-10 1/8"
19'-8 1/2"
6'
-
7
"
5'
-
0
"
6'
-
1
"
11'-3 1/8"
9'-6 1/2"
10'-3 7/8"11'-9 1/8"
31
'
-
5
3
/
8
"
31
'
-
5
3
/
8
"
62
'
-
1
0
3
/
4
"
BATH FAN TO EXTERIOR REQUIRED AT EVERY BATHROOM
11
4
A-101MAIN FLOOR PLAN
1/8" = 1'-0"
1
N
7100 BROOKLN BOULEVARD REMODEL
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ISSUE DATE
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
DN
DN
DRAWING DIMENSIONS HAVE NOT BEEN VERIFIED. DO NOT SCALE DRAWING. VERIFY ALL DIMENSIONS IN FIELD.
HATCHED AREAS ARE EXISTING TO REMAIN - WITH SOME MINOR MODIFICATIONS OR FINISH UPDATES
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS K-T14428-4PURISTFAUCETSBRASS K-T14428-4PURISTFAUCETSBRASS
EXISTING
MECHANICAL
ROOM TO
REMAIN
ROOF
ACCESS
K-T14428-4PURISTFAUCETSBRASS
K-T14428-4PURISTFAUCETSBRASS
5'
-
0
"
K-T14428-4PURISTFAUCETSBRASS
UP
SHIPLADDER
K-T14428-4PURISTFAUCETSBRASS
ALTER EXISTING
GUARDRAIL FOR ADA
COMPLIANCE
5'
-
0
"
TEXTURED ADA BARS AT EVERY TOILET, SHOWER AND TUB
OPEN TO BELOW
617 SF/1 BR
UNIT 201
201
344 SF/1 BR
UNIT 202
202
342 SF/1 BR
UNIT 203
203
344 SF/1 BR
UNIT 204
204
302 SF/STUDIO
UNIT 205
205
428 SF/STUDIO
UNIT 206
206
531 SF/1 BR
UNIT 207
207
352 SF/STUDIO
UNIT 208
208
395 SF/1 BR
UNIT 209
209
414 SF/1 BR
UNIT 210
210ATRIUM
211
CORRIDOR
212
STAIR A
110
STAIR B
115
ELEVATOR
111
95' EXIT PATH90' EXIT PATH
18'-10 5/8"12'-0"12'-0"12'-0"16'-3 7/8"18'-8 3/4"
33
'
-
7
3
/
8
"
30
'
-
7
3
/
8
"
13'-11 1/2"14'-1 3/8"14'-2 3/8"19'-8 1/2"
28
'
-
1
1
5
/
8
"
9'
-
7
7
/
8
"
24
'
-
3
3
/
8
"
201A
201B
201C
201D
20
2
A
202B
202C
203B20
3
A
20
3
D
203C
20
4
A
204B
204C20
4
D
20
5
A
205B
20
5
C
206A 206B
20
6
C
20
7
A
207B
207C
20
7
D
20
8
A
208B
208C
20
9
A
209B
209C
20
9
D
21
0
A
210B
210D
21
0
E
210C
SD
SD/CO
SD/CO
SD SD
SD/CO
SD
SD/CO
SD
SD/CO
SD
SD/CO
SD
SD/CO
SD/CO
SDSD
SD/CO
10'-7 5/8"7'-8"
9'
-
4
7
/
8
"
7'-7"10'-8 5/8"
15
'
-
8
3
/
4
"
5'
-
4
7
/
8
"
9'
-
1
0
"
5'
-
0
"
7'-4 1/8"
2'
-
6
"
2'
-
6
"
CENTERLINE
BUILDING
10
'
-
5
1
/
2
"
8'
-
6
1
/
4
"
12
'
-
1
3
/
8
"
6'
-
0
"
17'-0 1/8"
8'
-
4
"
6'-2"
17
'
-
1
3
/
8
"
6'
-
7
"
20'-11 1/8"
5'-0"
5'-0"
5'
-
1
0
3
/
4
"
10
'
-
6
"
11
'
-
1
1
7
/
8
"
6'
-
0
"
13
'
-
1
0
1
/
2
"
9'
-
2
5
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8
"
10
'
-
9
3
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4
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9'
-
2
5
/
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'
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5
1
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4
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7'
-
2
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6'
-
9
1
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2
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8'
-
7
"
A-102SECOND FLOOR PLAN
1/8" = 1'-0"
1
N
7100 BROOKLN BOULEVARD REMODEL
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ISSUE DATE
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
SOUTHWEST ELEVATION
DRAWING DIMENSIONS HAVE NOT BEEN VERIFIED. DO NOT SCALE DRAWING. VERIFY ALL DIMENSIONS IN FIELD.
TUCK POINTING AS
REQUIRED AT EXTERIOR
ADA ACCESS AISLE SIGNAGE TO BE ON
BUILDING PER CODE 502.4.4
NEW ADA
SIGNAGE
NEW ADA
SIGNAGE
NEW ENGINEERED CANOPY
OVER MAILBOX - MATCH
EXISTING
NEW MAILBOX WITH PARCEL LOCKER - USPS APPROVED
4C (NATIONAL MAILBOXES H3915D-18 OR EQUAL)
NEW SIGNAGE
UNDER SEPARATE
PERMIT
WEST ELEVATION
11'-7 1
2"
SECOND FLOOR ELEVATION
22'-6"
PERIMETER JOIST BRACING
0'-0"
MAIN FLOOR ELEVATION
26'-2"
TOP PARAPET WALL
31'-2"
ROOF RIDGE ELEV
NEW MAILBOX WITH PARCEL LOCKER - USPS APPROVED
4C (NATIONAL MAILBOXES H3915D-18 OR EQUAL)
NEW SIGNAGE
UNDER SEPARATE
PERMIT
NEW ENGINEERED CANOPY
OVER MAILBOX - MATCH
EXISTING
A-201EXTERIOR ELEVATIONS
1/8" = 1'-0"
1
7100 BROOKLN BOULEVARD REMODEL
AR
C
H
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C
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ISSUE DATE
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
A-202EXTERIOR ELEVATION IMAGE1
7100 BROOKLN BOULEVARD REMODEL
AR
C
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N
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71
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ISSUE DATE
c DOMAIN 2023
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
EXISTING SIGN ABOVE FRONT DOOR IS
7-0"' HIGH AND 8'-9" WIDE
ROOF DECK ON METAL JOISTS
CONCRETE SLAB FLOOR WITH
DROP CEILING
8'
-
3
"
9'
-
0
"
9'
-
0
"
CONCRETE SLAB FLOOR WITH
DROP CEILING
TYPE IIIB WALL CONSTRUCTION
TYPICAL
A-301WALL SECTION
3/16" = 1'-0"
1
7100 BROOKLN BOULEVARD REMODEL
AR
C
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ISSUE DATE
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
PARTITION GAP CLOSURE
NOT TO SCALE
4
PERMANENT SEAT
CONTROL END
WALL
2'-4 1/4"5'-0"2'-3"
3'
-
0
"
HEAD END WALL
BACK WALL
1'-3"
3'
-
0
"
2'
-
3
"
1'-0"TUB
5'-0"1'-6"
9'-7 1/4"
11
'
-
9
"
2'
-
3
"
4'
-
3
"
8'
-
9
"
ICC ANSI A117.1 607 BATHTUBS
PERMANENT SEAT
607.5 LOCATION OF BATHTUB
CONTROLS
1'
-
5
"
3'
-
0
"
TILE FLOOR WITH
COVE BASE
QUARTZ COUNTER &
BACKSPLASH
TUBTUB2'
-
1
0
"
TILE
SURROUNDTILE
SURROUND
BACK WALL GRAB
BARS PER ICC ANSI
A117.1 607.4.1.1
CONTROL END WALL
HEAD END WALL HEAD END WALL ICC ANCI A117.1 607.4.2.3
SEAT 17"-19" ICC ANSI
A117.1 FIG 610.2
SS DOOR PROTECTION
2'
-
1
0
"
4'
-
2
"
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CL
T
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B
ICC ANCI A117.1 FIG 607.5
LOCATION OF BATHTUB
CONTROLS
CONTROL END WALL ICC ANCI A117.1 607.4.2.2
ICC ANCI A117.1 607.6 HAND
SHOWER WITH VERTICAL
GRAB BAR (MAX 48" FOR ALL
CONTROLS)
2'-6"
A-302
UNIT 107 ADA BATH PLAN
1/4" = 1'-0"
1
7100 BROOKLN BOULEVARD REMODEL
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
N
UNIT 107 ADA BATH ELEVATIONS
1/4" = 1'-0"
2
CODE REQUIREMENTS
NTS
3
2'
-
1
0
"
ADA COUNTER
HEIGHT
24" LAUNDRY
SINK
7'
-
4
"
1'
-
6
"
MAPLE VENEER PLASTIC LAMINATE
CABINETS - SELF CLOSING HARDWARE
- 250 POUND HINGE SUPPORT
3'
-
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"
W D W D
W D W D
A-303
7100 BROOKLN BOULEVARD REMODEL
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
LAUNDRY ROOM ELEVATIONS
1/4" = 1'-0"
1 CODE REQUIREMENTS
1/4" = 1'-0"
2
CODE REQUIREMENTS
1/4" = 1'-0"
3
ADA
REF
ADA
RANGE
SINK
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-
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0
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1'
-
6
"
4'
-
0
"
HOOD
8'
-
4
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SHALLOW SINK
ALL UPPER CABINETS TO
HAVE CONTINUOUS PLUG
MOULD AND LED LIGHTING
2'
-
1
0
"
REMOVABLE PROTECTIVE
COVER AT SINK BASE
3'
-
0
"
ADA
DW OPEN
BELOW
GFIC
DUPLEX
GFIC
DUPLEX
STRAIGHT ON ANGLEDANGLED
A-304
7100 BROOKLN BOULEVARD REMODEL
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LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
UNIT 107 ADA KITCHEN ELEVATION
1/4" = 1'-0"
1
CODE REQUIREMENTS
1/4" = 1'-0"
2
A-501
7100 BROOKLN BOULEVARD REMODEL
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
WALL PARTITIONS
NOT TO SCALE
1
A-502
7100 BROOKLN BOULEVARD REMODEL
AR
C
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
FLOOR/CEILING STC/IIC EQUIVALENCY
NOT TO SCALE
1
A-503
7100 BROOKLN BOULEVARD REMODEL
AR
C
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ISSUE DATE
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
DOOR SCHEDULE
NOT TO SCALE
1
114 D
3'-0" 7'-0"
6 PUSH PUSH/PULL HARDWARE NO LOCKING - SELF CLOSING
6 LAUNDRY ROOM
A-504
7100 BROOKLN BOULEVARD REMODEL
AR
C
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&
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N
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DWG N0.
ISSUE DATE
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c DOMAIN 2023
LICENSE NO.ARCHITECT
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM
A DULY LICENSED ARCHITECT
UNDER THE LAWS OF THE STATE OF
MINNESOTA.
24341
REVIEW 2023 SEPT 9
PERMIT 2023 SEPT 11
RENAME 2023 OCT 9
PERMIT 2023 OCT 25
DOOR SCHEDULE
NOT TO SCALE
1
LEGEND
THE SUBSURFACE UTILITY INFORMATION
DEPICTED IN THESE PLANS ARE SHOWN
ACCORDING TO CI/ASCE 38-02, "STANDARD
GUIDELINES FOR THE COLLECTION AND
DEPICTION OF EXISTING SUBSURFACE UTILITY
DATA," LEVEL D STANDARDS.
LEGEND
D
S
830
867.4
867.0
Cleanout
fdc
Hydrant
Catch Basinrim=865.44
12" inv=861.42
inv=858.19S
Sanitary Manholerim=866.74
FFE867.0866.9
867.0
867.2867.2
867.8
LightPole
LightPole
Column
Column
V ATM Machine
867.1
FlagPole
Gate Valve
SignSign
Sign
866.8
866.7tcc867.23
tcc866.69
tcc866.50
tcc866.83
tcc867.12
tcc866.75
tcc866.85
tcc866.95
tcc867.01
tcc867.40
tcc867.56
tcc867.60
tcc867.67
tcc867.55 tcc867.61
tcc867.55
tcc867.15 tcc867.00
tcc866.90
tcc866.86
tcc866.32tcc866.39tcc866.79
tcc866.79
tcc866.71tcc866.68
tcc866.75
tcc866.86tcc866.81
tcc866.68
tcc866.75
tcc866.89 tcc866.47 tcc866.78 tcc866.58
tcc866.29
tcc866.01
tcc865.68
tcc865.71
tcc865.90
tcc866.03
tcc866.46
LightPole
tcc864.98
E ElectricManholerim=865.43
865.7
865.9
C cped
867.5866.6
865.0
865.7
866.0
865.9865.2
tcc864.97
tcc865.20
Catch Basinrim=864.67
tcc865.57
865.6
tcc865.89
865.9
E
ElectricManholerim=866.30
867.1
866.2
866.4
866.5
tcc866.61
tcc867.12
tcc867.09 tcc867.04
LightPole
867.0
tcc866.93
Ccped C cped
LightPole
866.7 866.0
tcc866.78 tcc866.56
tcc866.18
tcc865.97Gate Valve
865.7
865.6
865.6
865.1
866.8865.6
14" 14865.6
tcc865.65
tcc865.54tcc865.09
tcc865.05 tcc865.66
865.1
864.9
864.8
Catch Basinrim=863.8612" inv=859.72
864.4
864.6
864.7
865.0
865.2
865.4865.6865.7866.1
tcc866.36
tcc866.22 tcc865.83tcc865.71
tcc866.23
tcc865.66
tcc865.42
LightPole
Gate Valve
864.5
863.6
864.1
864.6
12""inv=857.67
8""inv=857.02
FES "inv=856.42
866.6
866.9
G
GasMeter
867.0
866.9 866.7
866.4
866.6
866.3
866.5
866.6865.9
rf line893.2
865.5PowerPole
864.8
865.9865.7865.5867.4
PowerPoleGuyAnchor867.2
866.0
PowerPole
867.7
867.7
867.8
867.1
867.1856.5Drain
WO856.8
866.7 866.2 866.0867.2
867.2
867.7
867.4
E Transformer
866.2
866.1
865.9
865.8
867.7867.7
868.1
868.6
868.5
867.8
tcc867.08
tcc866.99tcc866.87tcc866.63
tcc866.58
Gate Valve
Gate Valve
866.3
866.1
Catch Basinrim=865.44
Catch Basinrim=865.42inv=862.39
inv=860.58inv=860.52
LightPole
V Vault
HydrantTransformer
Transformer
867.7
Riser
E
Elec.Meter
C cped
869.0
869.0
Transformer
868.6
866.1866.2866.6
FES "inv=853.64
Water Elevation854.36
inv=861.67
Hydranttnh=868.28
Hydranttnh=869.28
80.0
21
.
0
1.05
.
2
4.
3
4.7
36
.
1
95.1
49
.
921.2B i t u m i n o
u
s
S
u
r
f
a
c
e
866
8
6
4
866868
868
20
.
6
20
.
6
Concrete Curb
Concrete Curb
C
o
n
c
r
e
t
e
C
u
r
b
O v e r h e a d W i r e s
E
n
t
r
y
F
e
n
c
e
TrashEnclosure
B
R
O
O
K
L
Y
N
B
L
V
D
.
C
o
u
n
t
y
R
o
a
d
N
o
.
1
5
2
N 89°38'04" E 325.85
S
0
0
°
2
1
'
5
6
"
E
1
6
4
.
9
8
S 89°38'04" W 202.42
6
0
.
8
6
1
3
.
0
6
N
3
7
°
3
6
'
4
7
"
W
N
3
6
°
2
7
'
0
9
"
W
12
.
5
12
.
5
12.5 12.5
7.
5
7.
5
7.
5
7.
5
10
15
7.
5
7.
5
N 89°38'04" E 179.00
N
0
0
°
2
1
'
5
6
"
W
8
2
.
0
8
S 89°46'53" W 99.62
N 89°38'04" E 32.00
N 44°27'05" E 43.1
3S 87°02'30" E 99.84
N 89°22'57" E 169.86
S 59
°
2
8
'
1
3
"
E
1
9
5
.
8
6
N 84°03'58" W 95.2
9
S53°2
2
'
4
4
"
W
2
4
.
3
2
N
4
7
°
2
8
'
5
9
"
W
5
8
.
6
9
5
55
5
12
.
5
12
.
5
84.0
Concrete Curb
1
7
.
0
0
N 51°
3
4
'
1
0
"
E
3
7
.
9
9
S 87°16'54" W 150.84
56
.
6
0
14.03
6" DIP
12" R
C
P
12.5 12.5
7.5 7.5
7.
5
7.
5
EXISTING2-STORY BRICK BUILDINGNo. 7100
1-STORY BRICK BUILDING"Boulevard Plaza"
Generatoron conc.
S i g n
C o n c r e t e
C
o
n
c
r
e
t
e
B
i
t
u
m
i
n
o
u
s
F e n c e
C
o
n
c
r
e
t
e
L
=
1
3
2
.
1
3
R
=
6
5
2
3
.
9
4
=
0
1
°
0
9
'
3
8
"
DRAINAGE & UTILITY EASEMENt
ROADWAY EASEMENTPER DOC. No. 5122814
DRAI
N
A
G
E
&
U
T
I
L
I
T
Y
E
A
S
E
M
E
N
T
P
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R
P
L
A
T
SEE
M
I
S
C
.
N
O
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E
#
8
F
O
R
P
O
S
S
I
B
L
E
EXCE
P
T
I
O
N
T
O
I
T
S
L
O
C
A
T
I
O
N
DRAINAGE & UTILITYEASEMENT PER PLAT
DRAINAGE & UTILITY
EASEMENT PER PLAT
wall w/railing
steps
3' EASEMENT FOR PARKING LOTPURPOSES PER DOC. No. 5268706
RO
A
D
W
A
Y
E
A
S
E
M
E
N
T
PE
R
D
O
C
.
N
o
.
5
1
2
2
8
1
4
UTILITY ACCESS EASEMENT
R
I
G
H
T
O
F
W
A
Y
L
I
N
E
P
E
R
D
O
C
.
N
o
.
8
6
6
0
1
2
7
354
355
356 357
358
359 362
361
360
363 364 365
366
367
368
369
370
Light
Light
Light
L
i
g
h
t
Light Light
Li
g
h
t
Li
g
h
t
Li
g
h
t
Light
LEGEND
Cleanout
fdc
Hydrant
Catch Basinrim=865.44
12" inv=861.42
inv=858.19S
Sanitary Manholerim=866.74
LightPole
LightPole
Gate Valve
LightPole
E ElectricManholerim=865.43
C cped
Catch Basinrim=864.67
E
ElectricManholerim=866.30
LightPole Ccped C cped
LightPole
Gate Valve
14" 14865.6
Catch Basinrim=863.8612" inv=859.72
LightPole
Gate Valve
12""inv=857.67
8""inv=857.02
FES "inv=856.42
G
GasMeter
PowerPole
PowerPoleGuyAnchor
PowerPole
867.8
Drain
E Transformer
Gate Valve
Gate Valve
Catch Basinrim=865.44
Catch Basinrim=865.42inv=862.39
inv=860.58inv=860.52
LightPole
V Vault
HydrantTransformer
TransformerRiser
E
Elec.Meter
C cped
Transformer
FES "inv=853.64
Water Elevation854.36
inv=861.67
Hydranttnh=868.28
Hydranttnh=869.28
80.0
21
.
0
1.05
.
2
4.
3
4.7
36
.
1
95.1
49
.
921.220
.
6
20
.
6
O v e r h e a d W i r e s
E
n
t
r
y
B
R
O
O
K
L
Y
N
B
L
V
D
.
C
o
u
n
t
y
R
o
a
d
N
o
.
1
5
2
N 89°38'04" E 325.85
S
0
0
°
2
1
'
5
6
"
E
1
6
4
.
9
8
S 89°38'04" W 202.42
6
0
.
8
6
1
3
.
0
6
N
3
7
°
3
6
'
4
7
"
W
N
3
6
°
2
7
'
0
9
"
W
84.0
6" DIP
12" R
C
P
EXISTING2-STORY BRICK BUILDINGNo. 7100
1-STORY BRICK BUILDING"Boulevard Plaza"
Generatoron conc.
S i g n
C o n c r e t e
C
o
n
c
r
e
t
e
F e n c e
L
=
1
3
2
.
1
3
R
=
6
5
2
3
.
9
4
=
0
1
°
0
9
'
3
8
"
wall w/railing
steps
R
I
G
H
T
O
F
W
A
Y
L
I
N
E
P
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EXISTING2-STORY BRICK BUILDINGNo. 7100
1-STORY BRICK BUILDING"Boulevard Plaza"
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FIELD TREE INVENTORY LOG
PROJECT NAME: Tree Inventory at 7100 Brooklyn Blvd, Brooklyn Center
DATE: 8/25/2023 Lot Condition: Developed
TIME: 10:30 AM Sunny 80 Degrees F.
TAG NO. TREE DIA. (IN) SPECIES CONDITION NOTES
354 6 Black Hills Spruce Good
355 43 Cottonwood Fair
356 14 Green Ash Poor EAB
357 15 Green Ash Poor EAB
358 13 Green Ash Poor EAB
359 22 Siberian Elm Fair
360 9 Green Ash Poor EAB
361 19 Siberian Elm Fair
362 13 Siberian Elm Fair
363 8 Hackberry Poor
364 7 Siberian Elm Poor
365 8 Hackberry Poor
366 14 Siberian Elm Poor 2 Trunks: 11,14
367 7 Hackberry Poor
368 8 Siberian Elm Poor
369 8 Green Ash Poor EAB
370 10 Honey Locust Good
17
224 TOTAL INCHES INVENTORIED
NO. OF TREES TAGGED
Page 1 of 1
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DISCLAIMER: Based on the information provided, all dimensions and luminaire locations
shown represent recommended positions. Actual performance of any manufacturer's luminaires
may vary due to changes in electrical voltage, tolerance in LEDs and other
variable field conditions. Calculations do not include obstructions such as buildings,
curbs, landscaping or any other architectural elements unless noted.
Fixture nomenclature to be finalized by engineer and/or architect.
This drawings is for photometric evaluation purposes only and
should not be used as a construction document or as a final document
for ordering product.
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Symbol Qty Label Mounting
Calculation Summary
Project: CALCULATIONS
Height
Lum. Watts LLF Description
Label Units Avg Max Min Avg/Min Max/Min
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5.2 5.5 4.4 5.7 5.2
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4.1 4.8
STORM WATER
MANAGEMENT PLAN
7100 BROOKLY N BOULEVARD, LLC
7100 Brooklyn Boulevard
Brooklyn Center, Minnesota
September 12, 2023
Prepared By:
Demarc Land Surveying & Engineering
7601 73rd Avenue North
Brooklyn Park, Minnesota 55428
763.560.3093
I hereby certify that this Plan, Specification or 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.
Prepared For:
7100 Brooklyn Boulevard, LLC
10230 28th Avenue North
Plymouth, Minnesota 55441
Jeffrey A Prasch, PE
Project Engineer
09.12.2023
Date
52706
License Number
Stormwater Management Plan
7100 Brooklyn Blvd – Brooklyn Center, MN
September 12, 2023
i
Table of Contents
Table of Contents .................................................................................................................................. i
1.0 Project Overview ....................................................................................................................... ii
2.0 Design Considerations ............................................................................................................. ii
3.0 Impervious Area ........................................................................................................................ ii
Table 3.1 – Impervious Area Calculations ........................................................................ ii
Appendix A – Figures
Figure 1 – Drainage Areas Existing Conditions
Figure 2 – Drainage Areas Proposed Conditions
Stormwater Management Plan
7100 Brooklyn Blvd – Brooklyn Center, MN
September 12, 2023
ii
1.0 Project Overview
A building remodel is proposed at 7100 Brooklyn Boulevard in Brooklyn Center, Minnesota. The
site is 1.00 acres. The site is currently occupied by a building and vehicle parking lot. There are
commercial properties to the south and residences to the north of the property. The lot to the east
contains a stormwater pond. Currently, the majority of the stormwater on-site drains via surface flow to
a catch basin at the northeast corner of the parking lot and then outlets to the pond to the east. A portion
of the site drains via surface flow to a catch basin at the northwest corner of the parking lot which outlets
to storm sewer in the street. A small portion of the site drains directly to the adjacent properties to the
north and a small portion of the site drains directly to the street. The existing drainage conditions are
shown in Figure 1.
The proposed improvements include a larger trash enclosure and additional sidewalk. The
existing trash enclosure and a portion of the existing parking near the northeast corner of the lot will be
removed for the new trash enclosure, which will result in less overall impervious area for the site. The
proposed drainage pattern of the site will remain the same. Figure 2 shows the proposed drainage
conditions.
2.0 Design Considerations
The City of Brooklyn Center (City) and the Shingle Creek Watershed Management Commission
(SCWMC) dictate the rate, volume, and water quality requirements for this site. Since this is a
redevelopment project resulting in less proposed impervious area than existing conditions, the City and
SCWMC requirements are met. See Table 3.1 below for impervious area calculations.
3.0 Impervious Area
Table 3.1 – Impervious Area Calculations
Discharge Point Existing (sf) Proposed (sf)
CB East 24,183 24,021
CB West 7,674 7,634
North Property 186 186
Street 1,029 1,029
Total 33,072 32,870
As shown in the table above, the proposed impervious area is less than the existing impervious area.
Appendix A
Figures
Cleanout
fdc
Hydrant
Catch Basinrim=865.4412" inv=861.42
inv=858.19S
Sanitary Manholerim=866.74
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LEGEND
DRAINAGE ARROW
Exhibit B
Exhibit C
M E M O R A N D U M
DATE: October 4, 2023
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: James Soltis, Assistant City Engineer
SUBJECT: Public Works – 7100 Brooklyn Blvd Development Site Plan Review
Public Works staff reviewed the following documents submitted for review for the proposed 7100
Brooklyn Blvd development.
Architectural Plans (091123-Permit)
Civil Plans (091223-Preliminary)
Survey (081023)
Photometric Plans (061523-Rev 1)
Landscape Plans (091123-Preliminary)
Stormwater Management Plans (091123)
Subject to final staff approval, the referenced plans must be revised in accordance with the following
comments/revisions and approved prior to issuance of any permits.
Plan Items
L-100
1.Per MN Administrative Rules 1341.0502 A117.1 Section 502, Parking Spaces identification
signage can not be more then 96 inches from center head of an accessible space. Plan note
indicates signage to be mounted on building which appears to be further then 96 inches. Correct
or remove note.
2.Parking layout and number of provided parking spots do not match Civil Plans (091223-
Preliminary). Revise to match and correct provided parking numbers.
C-5 Grading Details
3.Proposed sidewalk grading does not meet ADA. Please revise per 2020 Minnesota Accessibility
Code Section 406 indicating designated landings and ramps including dimensions and slopes. If
existing signage is to be replaced please include details for signage and placement.
General Items
4.The final construction plans must be certified by a licensed engineer in the state of Minnesota and
forwarded to the City Engineer for approval.
5.Inspection for the private site improvements must be performed by the developer’s design/project
engineer. Upon project completion, the design/project engineer must formally certify through a
letter that the project was built in conformance with the approved plans and under the
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Exhibit D
design/project engineer’s immediate and direct supervision. The engineer must be certified in the
state of Minnesota and must certify all required as-built drawings.
6. C4-Site Plan indicates a disturbance area of 0.05 acres with a proposed reduction in impervious
area. As the disturbed areas falls below the City and Shingle Creek Watershed Management
Commission threshold of 0.5 acres of disturbance no stormwater management review is required.
Anticipated Permitting
7. As the indicated disturbance falls below 10,000 sf this project does not trigger a City Land
Disturbance Permit.
8. If applicable, applicant will need to obtain required permits to work in County right-of-way.
9. Other permits not listed herein may be required. It is the Responsibility of the applicant to obtain
such permits as warranted.
All aforementioned items, comments and recommendations are provided based on the information
submitted by the applicant at the time of this review. The site plan must be developed and maintained in
substantial conformance with the referenced plans, unless modified by the staff recommended conditions
above. Subsequent approval of the final plan may require additional modifications based on engineering
requirements associated with final design of the water supply, storm drainage, sanitary sewer, final
grading, geometric design and other design elements as established by the City Engineer and other public
officials having jurisdiction over approval of the final site plans
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City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 |
www.cityofbrooklyncenter.org
Community Development
763-569-3330
October 9, 2023
7100 Brooklyn Blvd
Building review comments for newly proposed apartment building to be located at 7100 Brooklyn Blvd.
1.Prior to a Building permit being issued. A SAC determination for the new building will need to be
done by MET Council and SAC determination letter received.
2. Separate permits and signed plans required for Building, Mechanical, Plumbing & Electrical. A Fire
sprinkler and Fire alarm permit with plans is required to be submitted to the Building Department for this
building review. The Community Development department must be contacted on all proposed signage
for this building. Permits are required for all exterior signage.
3.The building will be required to have a sprinkler system installed if not already installed. City of Brooklyn
Center zoning ordinance 3-101 B. (2) as adopted by the Minnesota State Building code 1306 Special Fire
Protection system 1306.0020 Subp. 2, Existing and New buildings.
4.Hennepin County Health Department shall approve the kitchen area located in the basement prior to
any City permits being issued.
5.All plumbing plans shall be reviewed by the Department of Labor and Industry Plumbing Department.
All submitted documents shall be signed as required by Minnesota state statues.
6. Building plans to be submitted to the City Building Department for review. If any items need to be
addressed, comments will be provided in a plan review letter addressed to the architect of record.
Sincerely,
Dan Grinsteinner
Building Official
City of Brooklyn Center
763-569-3313
Exhibit E
Exhibit F
1
Ginny McIntosh
From:
Sent:Wednesday, October 11, 2023 2:50 PM
To:Ginny McIntosh
Subject:Planning Commission 27-119-21-33-0097
7200 Brooklyn Blvd
Brooklyn Center, MN 55429
From: Brooklyn United Methodist Church 12 Oct 2023
To: Ginny McIntosh
City Planner and Zoning Administrator
Brooklyn Center Planning Commission
Subject; Multi Family Housing
PID: 7100 Brooklyn Boulevard, Brooklyn Center MN 55429 | 27-119-21-33-0097
Brooklyn United Methodist Church (BUMC) has a vested interest it the housing proposal because our parking lot
abuts the property in question. The parking lot already has a lot of extraneous, unauthorized use. We are concerned
that converting this property could increase overflow parking by residents and visitors.
Is there adequate parking space available on the property for the expected occupancy? BUMC would be willing to
have a discussion on the lease or sale of a section of our parking lot.
Safety is a grave concern. With increased movement in and out of the housing area, and Brooklyn Blvd. being a very
busy street, has the City considered increased accident potential. In conjunction with safety, will the City see a need
for any additional streetlights in this area?
2
If approved, we request that the developer construct a privacy fence between the two properties. Our BUMC board
of trustees would expect to be involved in the design and placement of this fence.
Thank you,
Tom Foster
Trustee Chair
officeadm@bumc.org BUMC Office Administrator email
1
Ginny McIntosh
From:
Sent:Friday, October 13, 2023 10:27 AM
To:Ginny McIntosh
Subject:7100 Brooklyn Blvd Multi-Housing proposal
Hello Ginny,
Diane and I were surprised with the disapproval of the proposal. We understand that it can move
forward to the City Counsel. Are there steps they will be required to take prior to presenting to the City
Counsel? Since the Chair recommended that a fence would be in the best interest of both parties, will
it go forward as a requirement or just a recommendation?
I'd surmise that the owners will want to continue pursing approval. Will we be notified if and when this
will be presented? We want to make sure our request for a privacy fence stays in the package.
Thank you,
Tom Foster
BUMC Trustee Chair
C ouncil R egular M eeng
DAT E:11/27/2023
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:A hmed O mer, P.E., City Engineer
S U B J E C T:Res olu2on A pproving Change O rder Nos . 1-3, A ccep2ng Work Performed and A uthorizing
F inal Payment, P roject No. 2022-09, Li: S ta2on No. 4 Rehabilita2on P roject
Requested Council A con:
- M oon to approve a resoluon A pproving C hange Order Nos. 1 - 3 and A ccepng Work Performed and
A uthorizing F inal Pay ment, I mprovement P roject No. 2022-09, L i+ S taon 4 Rehabilitaon P roject.
B ackground:
O n S eptember 26, 2022, the C ity C ouncil aw arded P roj ect No. 2 0 2 2 -0 9 to Pember Companies , I nc. for the
rehabilita2on of L i: S ta2on 4. Pember C ompanies, I nc. has succes s fully completed the cons truc2on work
and is reques 2ng final payment for the project.
B udget I ssues:
The original contract amount w ith Pember Companies , I nc. for the li: s ta2 on r ehabilita2 on w as
$279,305.00. T he total value of w ork cer2fied for final payment including C hange O rder N os . 1-3 is
$283,908.34. The total project cos t including con2ngencies/adminis tra2on/engineering /legal is
$321,227.90 and was completed 7.2 percent under budget in the amount of $25,077.10. The aCached
res olu2on provides a summary of the final amended cos ts and funding s ources for the project.
I nclusive C ommunity Engagement:
N/A
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
Key Transporta2on I nvestments
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 11/20/2023 Resolu2on LeCer
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION APPROVING CHANGE ORDER NOS. 1 - 3, ACCEPTING
WORK PERFORMED AND AUTHORIZING FINAL PAYMENT,
IMPROVEMENT PROJECT NO. 2022-09, LIFT STATION 4
REHABILITATION PROJECT
WHEREAS, pursuant to a written contract signed with the City of Brooklyn
Center, Minnesota, Pember Companies, Inc. of Menomonie, Wisconsin has completed
Improvement Project No. 2022-09, Lift Station 4 Rehabilitation 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 Nos. 2022-09, Lift
Station 4 Rehabilitation, taking the contractor’s receipt in full. The total
amount to be paid for said improvements under said contract shall be
$283,908.34.
2. The estimated project costs and revenues are hereby amended as follows:
COSTS Per Low Bid As Final
Construction Cost $ 279,305.00 $ 279,305.00
Change Order Nos. 1-3 $ -0- $ 4,603.34
Engineering and Administrative $ 40,000.00 $ 37,319.56
Contingency $ 27,000.00 $ -0-
TOTAL $ 346,305.00 $ 321,227.90
REVENUES Per Low Bid As Final
Sanitary Sewer Utility $ 346,305.00 $ 321,227.90
November 27, 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:11/27/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:C atrice O ’Neal, Workforce D evelopment P rogram D irector
S U B J E C T:Workforce D evelopment Update
Requested Council A con:
- The Workforce D evelopment staff will provide an update on the current and planned workforce
development programs, which serve both Brooklyn Park and Brooklyn C enter.
B ackground:
The ci4es of Br ookly n Park and Br ookly n Center entered into a joint pow er s agreement in 2022 to provide
expanded wor kfor ce dev elopment pr ogr ams and ini4a4ves in response to the employment needs of
res idents caus ed by the pandemic.
The tw o ci4es’ workforce development division is an enhancement to the exis4ng Brook Lynk program and
provides w orkforce development programs to youth and young adults 1 4 -2 4 . Wor kfor ce D evelopment
s taff work in par tner s hip w ith school dis tricts , community organiza4ons , and local government to connect
w ith individuals acr os s the community. D uring the 2 0 2 3 program year, s taff s uccessfully deliv er ed the
follow ing programs and services:
Get Ready! work readiness training and summer internships for youth and young adults ages 16-24 that live
and/or a?end school in B rooklyn Park or B rooklyn C enter.
C areer Pathways that off er training and emplo yment services to adults 18+ C o nstruc4on & Trades in
partnership with MnD OT and Hennepin Technical C ollege.
C ase Management & J ob coaching
C ommunity Partnership Program (C P P), funds awarded to local organiza4on providing workforce
development services in the community to B rooklyn Park and B rooklyn C enter residents.
I n its sixth year directed by the c i4es of B ro o klyn Park and B rooklyn C enter, B ro o kLynk a nd the Workforce
D evelopment divisio n served over 500 youth and young adults, a wa rded $300,000 in in funding to
community organiza4ons, and provided $7,500 in microgrants to youth entrepreneurs.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Resident Economic S tability
AT TA C H M E N TS :
D escrip4on U pload D ate Type
P res enta4on 11/16/2023 P resenta4on
Workforce Development
2023 Impact Report
Catrice O’Neal, MSW, LGSW
Workforce Development Program Director
❖Employment
❖Economic Inclusion
❖Public Safety
❖Racial Equity
❖Economic Advancement & Wealth
Building
2
Shared City Strategies
3
Coordinate partnerships that
prepare employers to engage the
next generation of workers and to
connect young people in the
Brooklyns facing barriers to
employment with the skills,
experiences and professional social
networks needed to develop their
pathway to college and career.
Mission:
4
2023 BrookLynk Programs &
Services
Get Ready! Work Readiness Training (ages 14-24)
Summer Internships (ages 16-24)
Online Training Series (ages 14-24)
Youth Entrepreneurship Program (ages 16-24)
Career Pathways (ages 18+)
Alumni Network
Job Coaching & Case Management
Our Future Workforce
▰85% participants of color
▰45%low-income
▰36% first-or second-
generation immigrant
▰39% live and/or attend
school in Brooklyn Park
▰25%live and/or attend
school in Brooklyn Center
5
▰339 youth completed Get Ready! work readiness
training
▰123 internships coordinated across 21 employer
partners
▰87% of youth matched completed summer
internships
▰116 youth participated in paid summer program
opportunities
▰<$314,000 in wealth created for youth living in the
Brooklyns and their families 6
2023 Summer Internship Program
Technology Training Program…
▰30 participants registered for User Experience
Academy (UXA)
▰6 participants completed UXA
▰3 participants were placed into paid internships
with the City of Saint Paul’s IT department.
7
Career Pathways
Construction and Trades…
▰19 participants enrolled for
construction and trades training
▰10 participants completed
construction and trades training
▰2 participants were hired into
seasonal public works positions at
the city of Brooklyn Park
8
Career Pathways
▰87 Youth attended weekly workshops
▰6 Youth matched to small business
internships
▰9 Youth participated in the 2nd Annual
BrookLynk Shark Tank
▰$13,500 in start up grants were awarded to
youth entrepreneurs
9
Youth Entrepreneurship Program (YEP)
Projects:
▪Free College Campaign –A project led by
BrookLynk in partnership with the Brooklyn Bridge
Alliance for Youth (BBAY) that provides FAFSA
support, Tax preparation, and education on the
state of Minnesota’s new legislation passed during
the 2023 legislative session to provide free college
tuition to individuals with annual income below
$80,000/yr.
▪Brooklyn Park Teen Center -A project led by
the Brooklyn Park Recreation & Parks
Department.
▪Community Partnership Program –Funding for
local organizations providing workforce
development programs and services.
▪Career Pathways -Expansion of current program
to include high tech manufacturing.
Regional Initiatives:
▪Reimagine Black Youth Mental Health -
Initiative led by the Brooklyn Bridge Alliance
for Youth (BBAY) to change policies that
negatively impact the mental well being of
black youth in schools and beyond.
▪ConnextMSP/GreaterMSP –An inclusive
talent network that ensures young
professionals of color in the Minneapolis-St.
Paul region are recruited, hired, and
supported by local employers.
10
2024 Strategic Priorities
Goals:
▪Re-employment of individuals in the community
impacted by the pandemic with emphasis on connecting
Black Indigenous Person of Color (BIPOC) job seekers to
local jobs.
▪Local Coordination –Collaboration with community
organizations to provide training, certifications,
internships, and jobs (ie. Hennepin Technical College,
HIRED, North Hennepin Community College, City of
Brooklyn Center, City of Brooklyn Park CAPI, LIBA, OLM)
▪Re-imagining Public Safety -▪Opportunities for higher barrier youth and young
adults ages 16-24 (pregnant/parenting, homeless,
juvenile justice involved)
▪Business Coordination -Connecting local businesses
to talent, supporting recruitment and retention, providing
workshops and trainings to enhance diversity, equity, and
inclusion in the workplace.
11
Goals (2022-2024)
Funding Sources:
▻Grants
▻MN Department of Employment & Economic Development (DEED)
▻Hennepin-Carver Workforce Board
▻MN Department of Transportation (MnDOT)
▻City Investments
▻Brooklyn Park
▻Brooklyn Center
▻Leveraged Funds
▻Employer paid wages
▻ARPA allocation from Brooklyn Park & Brooklyn Center 12
2024 Funding
Thank You!
Sunday, October 15, 2023.
Greetings to the Mayor and City Council of the City of Brooklyn Center!
Upon a vote of the Brooklyn Center Charter Commission on October 12, 2023, I
am hereby formally transmitting our recommendation for an Amendment to the Brooklyn
Center City Charter.
The Charter Commission requests that the City Council seasonably consider and
unanimously Approve the following Charter Amendment:
Section 6.07. The City shall maintain a grant policy.
If City Manager Doctor Edwards or City Staff would inform us of the City
Council Meeting where this recommendation will be on the Agenda, a representative of
the Charter Commission will attend that Meeting to answer any of your questions.
Respectfully submitted,
Stan J. Leino.
Brooklyn Center Charter Commission, Chairman.
(763) 234-6137.
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
MEMORANDUM
DATE: November 20, 2023
TO: Brooklyn Center City Council
FROM: Jason M. Hill, City Attorney
RE: Charter Commission Recommended Charter Amendment – Grant Policy
The following memorandum addresses the procedures and timeline for the Brooklyn Center City
Charter amendment proposed by the City’s Charter Commission.
Charter Commission Recommendation
On October 12, 2023, the City’s Charter Commission voted to recommend an amendment to the
City’s Charter. Specifically, the Charter Commission voted to request that the City Council
consider and unanimously adopt the following amendment:
Section 6.07. The City shall maintain a grant policy.
The recommendation was transmitted to the City on October 15, 2023.
Recommendation Review and City Council Action
In accordance with Minnesota Statutes, section 410.12, subd. 7 and Section VIII of the Brooklyn
Center Home Rule Charter Commission Rules of Procedure, the recommendation must be
reviewed as follows:
Within one month, the City must publish notice of a public hearing on the proposal and the
notice must contain the text of the proposed amendment. Notice of the public hearing was
timely and sufficiently published on November 9, 2023.
A public hearing must be held at least two weeks but not more than one month after the
notice is published. The City Council is holding the public hearing, and first reading of the
ordinance, on this matter on November 27, 2023, which falls within the window prescribed
by statute.
2
Within one month of the public hearing, the City Council must vote on the proposed charter
amendment ordinance. The ordinance is enacted if it receives an affirmative, unanimous
vote of all members of the city council (all councilmembers, not just those who may be
present). It is anticipated that all members of the City Council will be present at the City’s
regular meeting on Monday, December 11, 2023, and therefore, the matter will be voted
on at that time.
The proposed amendment would not become effective until 90 days after passage and publication
of the ordinance, or at such later date as is fixed in the ordinance.
Within 60 days after passage and publication of the ordinance, a petition requesting a referendum
on the ordinance may be filed with the City Clerk. The petition must be signed by registered voters
equal in number to at least five percent of the registered voters in the City or 2,000, whichever is
less. If the requisite petition is filed within the prescribed period, the ordinance shall not b ecome
effective until it is approved by the voters as in the case of Charter amendments submitted by the
Charter Commission, the City Council, or by petition of the voters, except that the City Council
may submit the ordinance at any general or special election held at least 60 days after submission
of the petition, or it may reconsider its action in adopting the ordinance.
If the proposed Charter amendment is not approved, the matter returns to the Charter Commission,
and its determination as to whether the proposed amendment will be submitted to the voters of the
City.
JMH
1
CITY OF BROOKLYN CENTER
NOTICE OF PUBLIC HEARING
ON PROPOSED AMENDMENT TO THE CITY CHARTER
NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota will
conduct a public hearing on November 27, 2023, at 7:00 p.m., or as soon as possible thereafter, in the
Council Chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 to
consider oral and written testimony concerning a proposed amendment to the Brooklyn Center City
Charter.
The Charter Commission recommends that the amendment be adopted by ordinance of the
City Council in the manner prescribed by Minnesota Statutes Section 410.12, subdivision 7. Under
that procedure, after the public hearing and the Council conducting the first and second readings of
the ordinance, the ordinance is enacted if it receives an affirmative vote of all members of the City
Council and published as in the case of other ordinances. The ordinance is effective 90 days after
its passage and publication. If within 60 days thereof, a petition requesting a referendum signed by
registered voters equal in number to five percent of the registered voters in the City, or 2,000,
whichever is less, is filed with the City Clerk, the ordinance is not effective until approved by the
voters in a general or special election or the Council may reconsider its action in adopting the
ordinance.
The text of the proposed ordinance is as follows:
ORDINANCE ____
AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER
CITY CHARTER
THE CITY OF BROOKLYN CENTER DOES ORDAIN:
Section 1. The City Council of the City of Brooklyn Center, pursuant to the recommendation of
the City of Brooklyn Center Charter Commission, has hereby determined that the following section
of the City Charter be amended as follows:
Section 2. Chapter 6 of the Brooklyn Center City Charter is hereby amended by adding a new
Section 6.07 as follows:
Section 6.07. GRANT POLICY. The City shall maintain a grant policy.
Section 3. This ordinance shall take effect 90 days after the date of its publication.
Anyone wishing to express an opinion about the proposed amendment orally or in writing will be
heard at the public hearing.
2
Dated: __________________, 2023.
Barbara Suciu, City Clerk
C ouncil R egular M eeng
DAT E:11/27/2023
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 a Payment P lan and an A mendment to the Commercial Lease
A greement with P hu Bia Limited L iability Company for P roperty Located at 1350 S hingle
C reek Cros s ing
Requested Council A con:
- Moon to approve a resoluon approving a payment plan and an amendment to the commercial lease
agreement with Phu B ia L imited L iability Company for property located at 1350 Shingle Creek Crossing.
B ackground:
At the O ctober 30, 2023 The City Council approved a mo-on to deny the forgivenes s of past due rents and
to w ork in good faith nego-a-ons to make them good. At the O ctober 30, 2023 E DA M ee-ng the
Commission voted to table the Maturity date adjus tment to the Revolving loan.
O n O ctober 31, 2023 S taff vis ited the property and informed the busines s ow ner Mai Lor that the Council
denied the forgivenes s , but offered a nego-a-on on a payment plan. At this -me the business was open and
there were coolers/freezers par-ally installed but not yet func-oning or in use. Mai L or requested a week to
make a decision on the payments.
O n November 1, 2023 S taff received a le:er from an a:orney represen-ng P hu Bia P roduce providing
documenta-on rela-ng to the ongoing lawsuit regarding the cooler/freez ers that had been ordered in
March of 2022 and not delivered. The new coolers /freez ers that had already been par-ally ins talled at the
s ite were the 2nd set of coolers /freez ers that were ordered.
O n November 6, 2023 S taff met with the Mai Lor and a tenta-ve payment plan w as accepted. M ai L or was
informed that the agreement w ould likely require a vote from the City Council. S taff, then as ked the City
A:orney to dra< the agreement and determine w hat necessary approvals w ere required.
At the November 13, 2023 C ity C ouncil mee-ng the City Council reques ted that they review and approve
the payment agreement.
S ummary of Payment A greement:
The lease has a renewal date of January 31, 2027. S taff used this as a goal to s et the payoff date of all
past due rent and loan payments .
The payment structure provides a 6 month grace period on the back due rent and loan payments.
The payments from 12/1/2023 to 05/01/2023 will be $4,375 for rent and $870.76 for the loan.
S tar-ng on 06/01/2023 and ending on 01/31/2027 the payment w ill be $6,638 for rent and
$1,088 for the loan.
The agreement maintains the leas e condi-on that if the leas e is unpaid the C ity can terminate the
leas e with a 15 day no-ce.
The agreement also s-pulates that if the payor does n't not make payments, the city can immediately
be released from the payment agreement.
A ls o, staff have review ed the original lease and determined that addi-onal clarifica-on w ould improve the
the lease.
S taff have reviewed the Easements w ith Covenants and Res tric-ons A greement rela-ng to S hingle C reek
Cros s ings and the addi-on of the P hu Bia P roduce is allowed. O nly grocery stores over 15,000 square feet
are restricted.
B udget I ssues:
I nclusive C ommunity Engagement:
Busines s is w oman and B I P O C owned.
A nracist/Equity Policy Effect:
Busines s w ill be a contributor to Brooklyn Center healthy food ecos ystem.
S trategic Priories and Values:
Enhanced Community I mage, Resident Economic S tability
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on 11/20/2023 Resolu-on Le:er
Payment P lan 11/20/2023 Backup M aterial
L eas e A mendment 11/20/2023 Backup M aterial
O ct 27, 2023 City Council M emo 11/16/2023 Backup M aterial
L e:er F rom P hu Bia A:orney 11/16/2023 Backup M aterial
1
Member _____________________ introduced the following resolution and moved
its adoption:
RESOLUTION NO. 2023-______
A RESOLUTION APPROVING A PAYMENT PLAN AND AN AMENDMENT TO
THE COMMERCIAL LEASE AGREEMENT WITH PHU BIA LIMITED LIABILITY
COMPANY FOR PROPERTY LOCATED AT 1350 SHINGLE CREEK CROSSING
WHEREAS, on or about February 15, 2022, the City of Brooklyn Center (“City”) and
Phu Bia Limited Liability Company (“Lessee”) entered into a Commercial Lease Agreement
(“Agreement”) with regard to the property located at 1350B Shingle Creek Crossing in the City
of Brooklyn Center (“Premises”), which is owned by the City; and
WHEREAS, in conjunction with the Agreement, on February 15, 2022, the Lessee
entered into a Loan Agreement with the Economic Development Authority of Brooklyn Center
to assist with the costs of renovation and furnishing of certain equipment for the Premises,
including a walk-in cooler, restrooms, sidings and polishing of exiting concrete floor, all of
which was deemed necessary for the operation of a retail store for the distribution of produce;
and
WHEREAS, the Lessee experienced significant difficulties completing the renovation of
the Premises and as a result, was unable to commence retail operations on the Premises until
October 31, 2023; and
WHEREAS, due to the delay in commencing retail operations, the Lessee was unable to
make rent payments under the Agreement, which were to commence on August 1, 2022; and
WHEREAS, the Lessee has agreed to implement a payment plan that would allow the
City to recover past due rent and late fees and ensure that all amounts are recovered by the City
by the Agreement’s renewal date of January 31, 2027; and
WHEREAS, the City’s review of the Agreement revealed additional terms and conditions
requiring amendment and clarification, and the Lessee has agreed to adopt an amendment to the
Agreement to provide for such amendment and clarification; and
WHEREAS, the City and the Lessee desire to enter into the Payment Plan Agreement
and Amendment to Commercial Lease Agreement to allow the Lessee to continue commercial
retail operations and to allow the City to recover all costs due and owing under the Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center as follows:
1. The City Council hereby approves and adopts the Payment Plan Agreement
attached hereto and incorporated herein as Exhibit A, in substantially the form
presented to the City Council, together with any related documents necessary in
2
connection therewith, subject to modifications that do not alter the substance of the
Payment Plan Agreement.
2. The City Council hereby approves and adopts the Amendment to Commercial
Lease Agreement attached hereto and incorporated herein as Exhibit B, in
substantially the form presented to the City Council, together with any related
documents necessary in connection therewith, subject to modifications that do not
alter the substance of the Amendment to Commercial Lease Agreement.
3. The appropriate City officials are authorized to execute all appropriate documents
on behalf of the City to facilitate the agreements and to take all steps and actions
necessary or convenient to accomplish the intent of this Resolution
4. Upon execution and delivery of the agreements, the officers and employees of the
City are hereby authorized and directed to take or cause to be taken such actions as
may be necessary on behalf of the City to implement the agreements.
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.
A-1
EXHIBIT A
Payment Plan Agreement
[attached hereto]
B-1
EXHIBIT B
Amendment to
Commercial Lease Agreement
[attached hereto]
1
BR291-16-915389.v1
PAYMENT PLAN AGREEMENT
This Payment Plan Agreement (the “Agreement”) is made this ____ day of __________, 2023, by Phu
Bia Produce Limited Liability Company, a Minnesota limited liability company (the “Payer”), the City of
Brooklyn Center, a municipal corporation under the laws of Minnesota (the “City”) and the Economic
Development Authority of Brooklyn Center, a public body corporate and politic under the laws of Minnesota
(the “EDA”).
RECITALS
A. The City and the Payer executed a commercial lease agreement (the “Lease”) on February 15,
2022 for a premise located at 1350B Single Creek Crossing, Brooklyn Center, Minnesota (the
“Premise”).
B. Per the Lease, Payer agreed to pay rent in the amount of $4,375 (four thousand three hundred
and seventy-five dollars) once a month for their use of the Premise until expiration of the
Lease on January 31, 2027.
C. The EDA and Payer also executed a Loan Agreement (the “Loan Agreement”) on February
15, 2022, for a loan under the EDA’s Revolving Loan Fund Program. The Payer also executed
a Promissory Note (the “Note”) and the Payer and the EDA executed a Security Agreement
(the “Security”) related to the loan and as required in the Loan Agreement. Mai Y Lor also
executed a Personal Guaranty (the “Guaranty”) related to the loan and as required in the Loan
Agreement.
D. Under the Loan Agreement and the Note, the City lent Payer $70,000 (seventy thousand
dollars) with an annual interest rate of 1.25%.
E. The Loan Agreement and the Note state that Payer will make monthly payments of $870.76
(eight hundred and seventy dollars and seventy-six cents) beginning on August 1st, 2022 and
finishing 84 months later, on August 1st 2029, once the loan and accrued interest was fully
satisfied.
F. To date, the Payer has not made any rent payments as required by the Lease but continues to
use the Premise.
G. Including the $150 monthly late fee for failure to pay rent, the Payer is delinquent $72,400
(seventy-two thousand four hundred dollars) in rental payments.
H. To date, the Payer has made a single payment of $6,105 (six thousand one hundred and five
dollars) pursuant to the Loan Agreement and the Note.
I. The Payer is delinquent $6,959.40 (six thousand nine hundred and fifty-nine dollars and forty
cents) in loan repayment pursuant to the Loan Agreement and the Note.
J. In total, the Payer is delinquent $79,356.40 (seventy-nine thousand three hundred and fifty-
six dollars and forty cents) to the City and the EDA.
K. The City and EDA agree to temporarily forbear exercising its available remedies for the
Payer’s default under the Loan Agreement, the Note, the Security, the Guaranty and the Lease
2
BR291-16-915389.v1
provided that the Payer continues to make payments following the payment schedule outlined
in this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto,
each of them does hereby covenant and agree with the other as follows:
1. Payer Acknowledges Default. As set forth in the foregoing recitals, Payer hereby acknowledges
that it is in default of the Loan Agreement, the Note and the Lease and that the City and the EDA
have all rights to exercise their remedies under the Loan Agreement, the Note, the Security, the
Guaranty and the Lease.
2. City and EDA’s Forbearance Conditioned upon Repayment of the Outstanding Debt. The City
and the EDA shall forebear pursuing their remedies under the Loan Agreement, the Note and
Lease provided that Payer shall make payments to the City and the EDA on the Outstanding Debt
in accordance with the payment plan attached as EXHIBIT A to this Agreement. Failure of Payer
to timely make any of the foregoing payments shall, automatically and without any required notice
to the Payer, release the City and the EDA from the foregoing agreement to forebear and shall
permit the City and the EDA to pursue all remedies against Payer set forth in the Loan Agreement,
the Note, the Security, the Guaranty and the Lease notwithstanding any provisions contained in
this Agreement.
3. Loan Agreement, Note, Security, Guaranty and Lease. Subject to forbearance, the City and EDA
retain all rights under the Loan Agreement, Note, Security, Guaranty and Lease including recovery
of attorney’s fees.
IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the proper
officers thereunto duly authorized on the day and year first written above.
CITY OF BROOKLYN CENTER
By
Its Mayor
By
Its City Manager
3
BR291-16-915389.v1
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER
By:
Name:
Its: President
By:
Name:
Its: Executive Director
PHU BIA PRODUCE LIMITED LIABILITY
COMPANY
By
Its
A-1
BR291-16-915389.v1
EXHIBIT A
Payment Plan
Payment Plan - Payback by January 31, 2027
Renewal with 6 Month Deferred
Payment Date Range 12/1/2023 - 05/01/2024 06/01/2024 - 1/31/2027
Monthly Base Rent $4,375 $4,375
Back Pay Payment Plan $2,262.50
$217.39
Loan Payments $870.76 $870.76
Total Monthly Payment $5,246 $7,726
1
AMENDMENT TO COMMERCIAL LEASE AGREEMENT
This Amendment to Commercial Lease Agreement (“Amendment”) is entered by and
between the City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota
(“Lessor”) and Phu Bia Produce Limited Liability Company, a Minnesota limited liability
company, 1350 Shingle Creek Crossing, Brooklyn Center, Minnesota (“Lessee”). Lessor and
Lessee, collectively referred to herein as the “Parties”, agree as follows:
RECITALS
A. On February 15, 2022, the Parties executed a commercial lease agreement (the “Lease”)
for a premise located at 1350B Single Creek Crossing, Brooklyn Center, Minnesota (the
“Premise”).
B. In the interest of clarifying certain terms and conditions of the Lease and avoid any
confusion or uncertainty, the Parties desire to enter into this Amendment. Specifically, this
Amendment clarifies and confirms the Lessee’s monthly expense and insurance
obligations.
AGREEMENT
1. Recitals. All recitals are incorporated by reference as terms of this Amendment.
2. Expenses. Paragraph 6 of the Lease is amended by deleting the stricken language as
follows:
6. EXPENSES: [Check and Initial whether this Lease is Gross, Modified Gross, or Triple
Net (NNN)]
☐ - GROSS. Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease be considered a “Gross Lease” and
as such, the Base Rent is the entirety of the monthly rent. Therefore, the Lessee is
not obligated to pay any additional expenses which includes utilities, real estate
taxes, insurance (other than on the Lessee’s personal property), charges or expenses
of any nature whatsoever in connection with the ownership and operation of the
Premises. The Lessor shall be obligated to maintain the general exterior structure
of the Premises, in addition, shall maintain all major systems such as the
heating, plumbing, and electrical. The parking area shall be maintained by the
Lessor including the removal of any snow or environmental hazards as well as the
grounds and lands surrounding the Premises. The Lessor shall maintain at their
expense casualty insurance for the Premises against loss by fire which may or may
not include any extended coverage. The Lessee will provide and maintain
personal liability and property damage insurance as a lessee, at least to the limits of
$1,500,000.00 per occurrence, that will designate the Lessor as an "also
2
named insured", and shall provide the Lessor with a copy of such insurance
certification or policy prior to the effective date of this Lease.
☐. MODIFIED GROSS. Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease shall be considered a “Modified
Gross Lease”.
In addition to the Base Rent, the Lessee shall be obligated to pay the
following monthly expenses: Electricity, Gas, Water/Sewer, Plumbing
maintenance (grease traps, drainage and pipes maintenance), Electrical
maintenance, other minor repairs.
Lessor shall pay the following monthly expenses: Snow removal, Trash service,
Parking lot maintenance, HVAC maintenance.
☐. TRIPLE NET (NNN). Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease shall be considered a “Triple
Net Lease”.
I. Operating Expenses. The Lessor shall have no obligation to provide
any services, perform any acts, or pay expenses, charges, obligations or
costs of any kind whatsoever with respect to the Premises. The Lessee
hereby agrees to pay one-hundred percent (100%) of any and all
Operating Expenses as hereafter defined for the entire term of the Lease and
any extensions thereof in accordance with specific provisions hereinafter
set forth. The term “Operating Expenses” shall include all costs to the
Lessor of operating and maintaining the Premises, and shall include,
without limitation, real estate and personal property taxes and assessments,
management fee(s), heating, air conditioning, HVAC, electricity,
water, waste disposal, sewage, operating materials and supplies, service
agreements and charges, lawn care, snow removal, restriping,
repairs, repaving, cleaning and custodial, security, insurance, the cost of
contesting the validity or applicability of any governmental acts which may
affect operating expenses, and all other direct operating costs of operating
and maintaining the Premises and related parking areas, unless expressly
excluded from operating expenses.
II. Taxes. Lessee shall pay, during the term of this Lease, the real estate taxes
including any special taxes or assessments (collectively, the
"taxes") attributable to the Premises and accruing during such term. Lessee,
at Lessor’s option, shall pay to Lessor said taxes on a monthly basis,
based on one-twelfth (1/12) of the estimated annual amount for taxes. Taxes
for any fractional calendar year during the term hereof shall be prorated. In
the event the Lessee does not make any tax payment required
hereunder, Lessee shall be in default of this Lease.
III. Insurance. Lessee shall maintain, at all times during the Term of
this Lease, comprehensive general liability insurance in an insurance
3
company licensed to do business in the State in which the Premises are
located and that is satisfactory to Lessor, properly protecting and
indemnifying Lessor with single limit coverage of not less than
______________________
Dollars ($__________________) for injury to or
______________________ dollars ($__________________) death of
persons and
______________________ dollars ($__________________) for
property damage. During the Term of this Lease, Lessee shall furnish the
Lessor with certificate(s) of insurance, in a form acceptable to Lessor,
covering such insurance so maintained by Lessee and naming Lessor and
Lessor's mortgagees, if any, as additional insured.
3. Insurance. Paragraph 11 of the Lease is amended by adding the double-underlined
language as follows:
11. INSURANCE: Lessee shall maintain, at all times during the Term of this
Lease, comprehensive general liability insurance in an insurance company
licensed to do business in the State in which the Premises are located and that is
satisfactory to Lessor, properly protecting and indemnifying Lessor with single
limit coverage of not less than One Million, Five Hundred Thousand Dollars
($1,500,000) for injury to, or One Million Dollars ($1,000,000) death of, persons
and One Million Dollars ($1,000,000) for property damage.
During the Term of this Lease, Lessee shall furnish the Lessor with certificate(s)
of insurance, in a form acceptable to Lessor, covering such insurance so
maintained by Lessee and naming Lessor and Lessor's mortgagees, if any, as
additional insured. In the event the Lessee shall fail to obtain insurance required
hereunder and fails to maintain the same in force continuously during the term,
Lessor may, but shall not be required to, obtain the same and charge the Lessee for
same as additional rent. Furthermore, Lessee agrees not to keep upon the Premises
any articles or goods which may be prohibited by the standard form of fire
insurance policy, and in the event the insurance rates applicable to fire and
extended coverage covering the Premises shall be incre ased by reason of any use
of the Premises made by Lessee, then Lessee shall pay to Lessor, upon demand,
such increase in insurance premium as shall be caused by said use or Lessee’s
proportionate share of any such increase
4. Governing Law. This Amendment is governed and shall be interpreted by the laws of the
State of Minnesota.
5. Counterparts; Electronic Signatures. This Amendment may be executed in one or more
counterparts, each of which is deemed an original, and all of which together constitute one
agreement. Electronic signatures may be used in lieu of original signatures.
6. Entire Agreement. This Amendment is the entire agreement of the Parties with respect to
4
the Amendment. The terms of this Amendment shall be binding on each of the party’s
assignees and subsidiaries.
Except as expressly provided in this Amendment, all other provisions of the Lease, are not
modified and remain in effect.
7. Effectiveness. The submission of a draft or copy of this Amendment for review of signature
is not an offer to enter into a legally binding agreement and may not be relied on for legal
or equitable rights or obligations. The Parties shall be bound by the terms of this
Amendment only upon its execution by the Parties.
8. Assignment. This Amendment may not be assigned without the City’s prior written
consent.
The Parties have executed this Amendment on the dates specified under their respective signatures.
[signature page follows]
5
[Signature Page to Amendment to Commercial Lease Agreement]
PHU BIA PRODUCE LIMITED LIABILITY
COMPANY:
By:
Name:
Its: Chief Manager
CITY OF BROOKLYN CENTER
By:
Name: April Graves
Its: Mayor
By:
Name: Dr. Reginald Edwards
Its: City Manager
11/16/23, 2:17 PM Coversheet
https://brooklyncenter.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=4782&MeetingID=611 1/2
Council Regular Mee ng
DATE:10/23/2023
TO:City Council
FROM:Dr. Reggie Edwards, City Manager
THROUGH:N/A
BY:Jesse Anderson, Community Development Director
SUBJECT:Resolu on Approving an Amendment to the Commercial Lease Agreement with Phu Bia Limited Liability Company for
Property Located at 1350 Shingle Creek Crossing
Requested Council Ac on:
- Mo on to approve a resolu on approving an amendment to the commercial lease agreement with Phu Bia limited liability company for property
located at 1350 Shingle Creek Pkwy
Background:
1350B Shingle Creek Crossing was a vacant shell space the City constructed when the municipal liquor store was built. The intent of the shell
space was to provide brick and mortar space for small business owners while maintaining commercial affordable in Brooklyn Center.
The EDA has approved a $70,000 commercial build out loan to Phu Bia Produce LLC with the condi on of execu ng a lease agreement between
Phu Bia Produce LLC and City of Brooklyn Center.
The project scope consisted of new flooring, painted walls, walk in cooler, a brand new bathroom.
Prior to Phu Bia, the shell space was empty and under-u lize.
City of Brooklyn Center is charging a base rate of fi een dollars ($15) a square feet. Gross rent area is three thousand five hundred (3,500).
Monthly rent collected from Phu Bia Produce LLC is four thousand three hundred and seventy five dollars ($4,375). Rent payment is due the first of
each month. Rent payments were to start on August 1, 2022. In lieu of no build out allowance on the shell space, six and a half months were
granted to Phu Bia Produce LLC in order to support cashflow and minimize start up expenses.
Phu Bia was not able to open according to schedule due to equipment availability at that me, contractor issues, limited knowledge of naviga ng
health department and city process. Phu Bia recently received their cer ficate of occupancy and is now ordering products to their store. They've
built out the empty shell space that the City owned and received a cer ficate of of occupancy. Without an opera ng business they have had a hard
me paying rent and loan payments. Now that they are close to opening they an cipate being able to pay for their loan and lease going forward.
However, as of October 17, they owe $65,625 in back rent, $2,250 in late fees.
They did make a payment of $6,105 towards there loan. The past due balance on the loan is $6,956.40.
A er recent discussion with Mai Y Lor, they have stated that they do not have the funds to pay the back rent and past due loan payments. Also,
she does not foresee the ability to add any addi onal monthly expenses in the near future. Therefore, staff have prepared a resolu ons
modifying the loan and lease in order to address the past due balance. If the items is approved they are to start making lease payments on
November 1, 2023.
Further, City staff spoke with the City A orney regarding ac ons that could be taken if the Council would prefer to not amend the lease and loan.
According to the City A orney, the following are poten al ac ons that the City could take if there was no amendment.
The lessee is in default for not paying rent. The City would provide at least 15 days-no ce of default, and if not cured, the City can declare
the lease terminated.
The no ce should include no ce that personal property, equipment and fixtures must also be removed without damaging the premises.
The City can immediately take possession of the premises, including personal property, equipment and fixtures.
The City can commence an evic on ac on if the tenant remains on the premises.
The City can bring suit against the lessee for amounts owed.
The City can immediately make the premises ready for a new tenant, which includes removal of personal property, equipment and fixtures.
If the City has to commence legal ac on, the lessee may be required to pay the City’s a orney’s fees.
With regard to the note and loan agreement, the City A orneys recommenda on would be that the City move forward as follows:
The borrower is charged a default interest rate of 10% and the en re principal amount outstanding, accrued interest and any other charges
due are immediately due and payable, without no ce, at the op on of the EDA. The first ac on would be a demand le er to the borrower.
The EDA has the right to take possession of the business equipment, as that is defined in the Uniform Commercial Code.
The EDA can take other legal ac on to procure payment.
11/16/23, 2:17 PM Coversheet
https://brooklyncenter.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=4782&MeetingID=611 2/2
The EDA can cancel the agreement.
The EDA can pursue remedies under the Personal Guaranty or the Security Agreement, which includes pursuing the individual who executed
the Personal Guaranty, assuming the business did not have sufficient assets, or taking possession of the equipment as collateral against the
loan.
Budget Issues:
The lease and loan payments were not listed as an cipated revenue in the 2023 budgets.
Inclusive Community Engagement:
Business is woman and BIPOC owned.
An racist/Equity Policy Effect:
Business will be a contributor to Brooklyn Center healthy food ecosystem.
Strategic Priori es and Values:
Enhanced Community Image, Inclusive Community Engagement
ATTACHMENTS:
Descrip on Upload Date Type
Resolu on 10/18/2023 Resolu on Le er
Lease Amendment 10/18/2023 Exhibit
Original Lease 10/18/2023 Exhibit
E conomic Development
Authority
City Hall Council Chambers
November 27, 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 October 23, 2023, minutes.
4.Commission Consideration Items
a.Resolution A pproving a Payment Plan for the Promissory Note for the L oan to
Phu B ia Produce L imited L iability Company from the E D A Revolving L oan
F und
- A moti on to approve a resol uti on approving a payment pl an for the promissory
note for the l oan to Phu Bia Produce Limited Liabi li ty Company from the EDA
revolving loan fund.
5.Adjournment
Economic Development Authority
DAT E:11/27/2023
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 October 23, 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
10.23 E DA 11/21/2023 Backup M aterial
10/23/23 -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
OCTOBER 23, 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 10:00 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, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Jerzak moved and President Graves seconded to approve the Agenda and Consent
Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. October 9, 2023 – Regular Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION APPROVING AMENDED PROMISSORY NOTE FOR THE
LOAN TO PHU BIA PRODUCE LIMITED LIABILITY COMPANY FROM
THE EDA REVOLVING LOAN FUND
Executive Director Reggie Edwards introduced the item and Community Development Director
Jesse Anderson explained the purpose of the item was to extend the loan to allow more time for
Phu Bia to repay the back rent.
Commissioner Jerzak stated he doesn’t see the extension as beneficial as it may encourage the
owner to spend more money on the venture.
10/23/23 -2- DRAFT
Commissioner Kragness noted the owner has already indicated they are unable to pay additional
monthly payments.
Mr. Anderson stated the monthly payment amount would stay the same, and the maturity date of
the loan would be extended by eight months. The loan must be repaid whether or not it is extended
by the EDA.
Commissioner Kragness asked why the measure wasn’t taken earlier. Mr. Anderson stated Staff
was working with the owner to help them open.
Commissioner Lawrence-Anderson asked if the measure would force a bankruptcy. Mr. Anderson
stated he was unsure. If they cancel the lease and evict them, he is unsure if they will be able to
make loan payments.
Commissioner Jerzak stated if the City is going to enter into negotiations with the owner, he would
be more than willing to extend the loan. He stated he didn’t want the owner to dig the hole any
further. There is no sense in going after someone when they are down.
Commissioner Lawrence-Anderson suggested tabling the item for Staff to have a conversation
with the owner to see what her preference would be.
Commissioner Lawrence-Anerson moved and Commissioner Butler seconded to table
consideration of a resolution approving an amended promissory note for the loan to Phu Bia
Produce Limited Liability Company from the EDA revolving loan fund.
Motion passed unanimously.
5. ADJOURNMENT
President Graves moved and Commissioner Butler seconded adjournment of the Economic
Development Authority meeting at 10:06 p.m.
Motion passed unanimously.
Economic Development Authority
DAT E:11/27/2023
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 a Payment P lan for the P romis s ory Note for the Loan to P hu Bia
P roduce Limited L iability Company from the E DA Revolving L oan F und
Requested Council A con:
- A moon to approve a resoluon approving a payment plan for the promissory note for the loan to Phu B ia
Produce L imited L iability Company from the E DA revolving loan fund.
B ackground:
At the O ctober 30, 2023 The City Council approved a mo-on to deny the forgivenes s of past due rents and
to w ork in good faith nego-a-ons to make them good. At the O ctober 30, 2023 E DA M ee-ng the
Commission voted to table the Maturity date adjus tment to the Revolving loan.
O n O ctober 31, 2023 S taff vis ited the property and informed the busines s ow ner Mai Lor that the Council
denied the forgivenes s , but offered a nego-a-on on a payment plan. At this -me the business was open and
there were coolers/freezers par-ally installed but not yet func-oning or in use. Mai L or requested a week to
make a decision on the payments.
O n November 1, 2023 S taff received a le9er from an a9orney represen-ng P hu Bia P roduce providing
documenta-on rela-ng to the ongoing lawsuit regarding the cooler/freez ers that had been ordered in
March of 2022 and not delivered. The new coolers /freez ers that had already been par-ally ins talled at the
s ite were the 2nd set of coolers /freez ers that were ordered.
O n November 6, 2023 S taff met with the Mai Lor and a tenta-ve payment plan w as accepted. M ai L or was
informed that the agreement w ould likely require a vote from the City Council. S taff, then as ked the City
A9orney to dra; the agreement and determine w hat necessary approvals w ere required.
At the November 13, 2023 C ity C ouncil mee-ng the City Council reques ted that they review and approve
the payment agreement.
S ummary of Payment A greement:
The lease has a renewal date of January 31, 2027. S taff used this as a goal to s et the payoff date of all
past due rent and loan payments .
The payment structure provides a 6 month grace period on the back due rent and loan payments.
The payments from 12/1/2023 to 05/01/2023 will be $4,375 for rent and $870.76 for the loan.
S tar-ng on 06/01/2023 and ending on 01/31/2027 the payment w ill be $6,638 for rent and
$1,088 for the loan.
The agreement maintains the leas e condi-on that if the leas e is unpaid the C ity can terminate the
leas e with a 15 day no-ce.
The agreement also s-pulates that if the payor does n't not make payments, the city can immediately
be released from the payment agreement.
A ls o, staff have review ed the original lease and determined that addi-onal clarifica-on w ould improve the
the lease.
S taff have reviewed the Easements w ith Covenants and Res tric-ons A greement rela-ng to S hingle C reek
Cros s ings and the addi-on of the P hu Bia P roduce is allowed. O nly grocery stores over 15,000 square feet
are restricted.
B udget I ssues:
I nclusive C ommunity Engagement:
Busines s is w oman and B I P O C owned.
A nracist/Equity Policy Effect:
Busines s w ill be a contributor to Brooklyn Center healthy food ecos ystem.
S trategic Priories and Values:
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on 11/20/2023 Resolu-on Le9er
Payment P lan 11/20/2023 Backup M aterial
O ct 27, 2023 City Council M emo 11/16/2023 Backup M aterial
L e9er F rom P hu Bia A9orney 11/16/2023 Backup M aterial
1
Commissioner introduced the following resolution and moved its adoption:
EDA RESOLUTION NO. 2023-
RESOLUTION APPROVING A PAYMENT PLAN FOR THE PROMISSORY
NOTE FOR THE LOAN TO PHU BIA PRODUCE LIMITED LIABILITY
COMPANY FROM THE EDA REVOLVING LOAN FUND
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the
“EDA”) previously approved a Revolving Loan Fund Program (the “Program”), which is
administered by the EDA pursuant to its adopted policies, procedures, and guidelines; and
WHEREAS, Phu Bia Produce Limited Liability Company, a Minnesota limited liability
company (the “Borrower”), submitted a Program application requesting assistance to help finance
certain physical improvements to the building located at 1350 Shingle Creek Crossing, Brooklyn
Center, Minnesota, including a walk-in cooler, restrooms, sidings and polishing of exiting concrete
floor deemed necessary for the operation of a retail store used for produce distribution (the
“Project”); and
WHEREAS, the EDA approved the request and entered into a Loan Agreement with the
Borrower in accordance with the Program; and
WHEREAS, the load was secured by a Promissory Note, a Security Agreement from the
Borrower and a Personal Guaranty from the owner of the Borrower; and
WHEREAS, in conjunction with the loan, on or about February 15, 2022, the Borrower and
the City of Brooklyn Center entered into a Commercial Lease Agreement with regard to the Subject
Property, which is owned by the City of Brooklyn Center; and
WHEREAS, the Borrower experienced significant difficulties completing the renovation of
the Subject Property and as a result, was unable to commence retail operations on the Subject
Property until October 31, 2023; and
WHEREAS, due to the delay in commencing retail operations, the Borrower was unable to
make rent payments, which were to commence on August 1, 2022, and has only made a total
cumulative payment of $6,105 toward the payment obligations under the Loan Agreement and
Promissory Note; and
WHEREAS, the Borrower has agreed to implement a payment plan that would allow the City
to recover past due payment obligations under the Loan Agreement and Promissory Note; and
WHEREAS, the EDA and the Borrower desire to enter into the Payment Plan Agreement to
allow the Borrower to continue commercial retail operations on the Subject Property and to allow
the City to recover all payments due and owning under the Loan Agreement and Promissory Note.
2
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 Payment Plan Agreement, attached hereto and incorporated
herein as Exhibit A, in substantially the form presented to the Board, together with any related
documents necessary in connection therewith, subject to modifications that do not alter the
substance of the Payment Plan Agreement and that are approved by the President and Executive
Director. The execution of any related documents by those officials shall be conclusive evidence
of their approval.
2. The approval hereby given to the Payment Plan 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 President and Executive Director; 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 Payment Plan 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 EDA to implement the Payment Plan Agreement.
4. The Board hereby determines that the execution and performance of the Payment Plan
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.
A-1
EXHIBIT A
Payment Plan Agreement
[attached hereto]
1
BR291-16-915389.v1
PAYMENT PLAN AGREEMENT
This Payment Plan Agreement (the “Agreement”) is made this ____ day of __________, 2023, by Phu
Bia Produce Limited Liability Company, a Minnesota limited liability company (the “Payer”), the City of
Brooklyn Center, a municipal corporation under the laws of Minnesota (the “City”) and the Economic
Development Authority of Brooklyn Center, a public body corporate and politic under the laws of Minnesota
(the “EDA”).
RECITALS
A. The City and the Payer executed a commercial lease agreement (the “Lease”) on February 15,
2022 for a premise located at 1350B Single Creek Crossing, Brooklyn Center, Minnesota (the
“Premise”).
B. Per the Lease, Payer agreed to pay rent in the amount of $4,375 (four thousand three hundred
and seventy-five dollars) once a month for their use of the Premise until expiration of the
Lease on January 31, 2027.
C. The EDA and Payer also executed a Loan Agreement (the “Loan Agreement”) on February
15, 2022, for a loan under the EDA’s Revolving Loan Fund Program. The Payer also executed
a Promissory Note (the “Note”) and the Payer and the EDA executed a Security Agreement
(the “Security”) related to the loan and as required in the Loan Agreement. Mai Y Lor also
executed a Personal Guaranty (the “Guaranty”) related to the loan and as required in the Loan
Agreement.
D. Under the Loan Agreement and the Note, the City lent Payer $70,000 (seventy thousand
dollars) with an annual interest rate of 1.25%.
E. The Loan Agreement and the Note state that Payer will make monthly payments of $870.76
(eight hundred and seventy dollars and seventy-six cents) beginning on August 1st, 2022 and
finishing 84 months later, on August 1st 2029, once the loan and accrued interest was fully
satisfied.
F. To date, the Payer has not made any rent payments as required by the Lease but continues to
use the Premise.
G. Including the $150 monthly late fee for failure to pay rent, the Payer is delinquent $72,400
(seventy-two thousand four hundred dollars) in rental payments.
H. To date, the Payer has made a single payment of $6,105 (six thousand one hundred and five
dollars) pursuant to the Loan Agreement and the Note.
I. The Payer is delinquent $6,959.40 (six thousand nine hundred and fifty-nine dollars and forty
cents) in loan repayment pursuant to the Loan Agreement and the Note.
J. In total, the Payer is delinquent $79,356.40 (seventy-nine thousand three hundred and fifty-
six dollars and forty cents) to the City and the EDA.
K. The City and EDA agree to temporarily forbear exercising its available remedies for the
Payer’s default under the Loan Agreement, the Note, the Security, the Guaranty and the Lease
2
BR291-16-915389.v1
provided that the Payer continues to make payments following the payment schedule outlined
in this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto,
each of them does hereby covenant and agree with the other as follows:
1. Payer Acknowledges Default. As set forth in the foregoing recitals, Payer hereby acknowledges
that it is in default of the Loan Agreement, the Note and the Lease and that the City and the EDA
have all rights to exercise their remedies under the Loan Agreement, the Note, the Security, the
Guaranty and the Lease.
2. City and EDA’s Forbearance Conditioned upon Repayment of the Outstanding Debt. The City
and the EDA shall forebear pursuing their remedies under the Loan Agreement, the Note and
Lease provided that Payer shall make payments to the City and the EDA on the Outstanding Debt
in accordance with the payment plan attached as EXHIBIT A to this Agreement. Failure of Payer
to timely make any of the foregoing payments shall, automatically and without any required notice
to the Payer, release the City and the EDA from the foregoing agreement to forebear and shall
permit the City and the EDA to pursue all remedies against Payer set forth in the Loan Agreement,
the Note, the Security, the Guaranty and the Lease notwithstanding any provisions contained in
this Agreement.
3. Loan Agreement, Note, Security, Guaranty and Lease. Subject to forbearance, the City and EDA
retain all rights under the Loan Agreement, Note, Security, Guaranty and Lease including recovery
of attorney’s fees.
IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the proper
officers thereunto duly authorized on the day and year first written above.
CITY OF BROOKLYN CENTER
By
Its Mayor
By
Its City Manager
3
BR291-16-915389.v1
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER
By:
Name:
Its: President
By:
Name:
Its: Executive Director
PHU BIA PRODUCE LIMITED LIABILITY
COMPANY
By
Its
A-1
BR291-16-915389.v1
EXHIBIT A
Payment Plan
Payment Plan - Payback by January 31, 2027
Renewal with 6 Month Deferred
Payment Date Range 12/1/2023 - 05/01/2024 06/01/2024 - 1/31/2027
Monthly Base Rent $4,375 $4,375
Back Pay Payment Plan $2,262.50
$217.39
Loan Payments $870.76 $870.76
Total Monthly Payment $5,246 $7,726
11/16/23, 2:17 PM Coversheet
https://brooklyncenter.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=4782&MeetingID=611 1/2
Council Regular Mee ng
DATE:10/23/2023
TO:City Council
FROM:Dr. Reggie Edwards, City Manager
THROUGH:N/A
BY:Jesse Anderson, Community Development Director
SUBJECT:Resolu on Approving an Amendment to the Commercial Lease Agreement with Phu Bia Limited Liability Company for
Property Located at 1350 Shingle Creek Crossing
Requested Council Ac on:
- Mo on to approve a resolu on approving an amendment to the commercial lease agreement with Phu Bia limited liability company for property
located at 1350 Shingle Creek Pkwy
Background:
1350B Shingle Creek Crossing was a vacant shell space the City constructed when the municipal liquor store was built. The intent of the shell
space was to provide brick and mortar space for small business owners while maintaining commercial affordable in Brooklyn Center.
The EDA has approved a $70,000 commercial build out loan to Phu Bia Produce LLC with the condi on of execu ng a lease agreement between
Phu Bia Produce LLC and City of Brooklyn Center.
The project scope consisted of new flooring, painted walls, walk in cooler, a brand new bathroom.
Prior to Phu Bia, the shell space was empty and under-u lize.
City of Brooklyn Center is charging a base rate of fi een dollars ($15) a square feet. Gross rent area is three thousand five hundred (3,500).
Monthly rent collected from Phu Bia Produce LLC is four thousand three hundred and seventy five dollars ($4,375). Rent payment is due the first of
each month. Rent payments were to start on August 1, 2022. In lieu of no build out allowance on the shell space, six and a half months were
granted to Phu Bia Produce LLC in order to support cashflow and minimize start up expenses.
Phu Bia was not able to open according to schedule due to equipment availability at that me, contractor issues, limited knowledge of naviga ng
health department and city process. Phu Bia recently received their cer ficate of occupancy and is now ordering products to their store. They've
built out the empty shell space that the City owned and received a cer ficate of of occupancy. Without an opera ng business they have had a hard
me paying rent and loan payments. Now that they are close to opening they an cipate being able to pay for their loan and lease going forward.
However, as of October 17, they owe $65,625 in back rent, $2,250 in late fees.
They did make a payment of $6,105 towards there loan. The past due balance on the loan is $6,956.40.
A er recent discussion with Mai Y Lor, they have stated that they do not have the funds to pay the back rent and past due loan payments. Also,
she does not foresee the ability to add any addi onal monthly expenses in the near future. Therefore, staff have prepared a resolu ons
modifying the loan and lease in order to address the past due balance. If the items is approved they are to start making lease payments on
November 1, 2023.
Further, City staff spoke with the City A orney regarding ac ons that could be taken if the Council would prefer to not amend the lease and loan.
According to the City A orney, the following are poten al ac ons that the City could take if there was no amendment.
The lessee is in default for not paying rent. The City would provide at least 15 days-no ce of default, and if not cured, the City can declare
the lease terminated.
The no ce should include no ce that personal property, equipment and fixtures must also be removed without damaging the premises.
The City can immediately take possession of the premises, including personal property, equipment and fixtures.
The City can commence an evic on ac on if the tenant remains on the premises.
The City can bring suit against the lessee for amounts owed.
The City can immediately make the premises ready for a new tenant, which includes removal of personal property, equipment and fixtures.
If the City has to commence legal ac on, the lessee may be required to pay the City’s a orney’s fees.
With regard to the note and loan agreement, the City A orneys recommenda on would be that the City move forward as follows:
The borrower is charged a default interest rate of 10% and the en re principal amount outstanding, accrued interest and any other charges
due are immediately due and payable, without no ce, at the op on of the EDA. The first ac on would be a demand le er to the borrower.
The EDA has the right to take possession of the business equipment, as that is defined in the Uniform Commercial Code.
The EDA can take other legal ac on to procure payment.
11/16/23, 2:17 PM Coversheet
https://brooklyncenter.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=4782&MeetingID=611 2/2
The EDA can cancel the agreement.
The EDA can pursue remedies under the Personal Guaranty or the Security Agreement, which includes pursuing the individual who executed
the Personal Guaranty, assuming the business did not have sufficient assets, or taking possession of the equipment as collateral against the
loan.
Budget Issues:
The lease and loan payments were not listed as an cipated revenue in the 2023 budgets.
Inclusive Community Engagement:
Business is woman and BIPOC owned.
An racist/Equity Policy Effect:
Business will be a contributor to Brooklyn Center healthy food ecosystem.
Strategic Priori es and Values:
Enhanced Community Image, Inclusive Community Engagement
ATTACHMENTS:
Descrip on Upload Date Type
Resolu on 10/18/2023 Resolu on Le er
Lease Amendment 10/18/2023 Exhibit
Original Lease 10/18/2023 Exhibit
Council/E D A Work
S ession
City Hall Council Chambers
November 27, 2023
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.Draft Adjusted Capital I mprovement P lan 2024 – 2038
Discuss a draft of the adjusted 2024-2038 Capital I mprovement P lan (C I P).
T he draft has been adjusted in response to the findings of the City's Capital
Building Maintenance P rogram study. I t also has been adjusted to reflect
where the City will be applying for Metropolitan Council Regional Solicitation
grant projects.
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
L iquor S tore 2
Memorial Policy
Special Assessment Policy/Franchise F ees (referred to Financial
Commi ssion)
Beautification and P ublic Art Commission
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
Planning A pplication Process
L evel I V Rentals
C ouncil/E DA Work Session
DAT E:11/27/2023
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:Elizabeth H eyman - D irector of P ublic Works
S U B J E C T:D ra4 A djusted Capital I mprovement P lan 2024 – 2038
Requested Council A con:
D iscuss a dra4 of the adjusted 2024-2038 Capital I mprovement P lan (C I P ). The dra4 has been adjus ted in
res pons e to the findings of the City's Capital Building M aintenance P rogram s tudy. I t also has been adjus ted
to reflect where the C ity will be applying for Metropolitan Council Regional S olicitaAon grant projects .
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
AT TA C H M E N TS :
D escripAon U pload D ate Type
D ra4 A djusted 2024-2038 C I P 11/20/2023 Exhibit
D ra4 C M B P A djustments 11/20/2023 Backup M aterial
DRAFT Capital Improvement Program (2024 - 2038)
Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects Outside Total Project
Project Assessments Reconst. Fund Fund Utility Utility Utility Utility Funds Funds Cost
2024
Orchard Lane East Improvements $1,496,129 $3,443,871 $0 $884,000 $1,990,000 $3,978,000 $0 $0 $0 $11,792,000
Park Capital Planning Study $0 $0 $0 $0 $0 $0 $0 $300,000 $0 $300,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Park Playground Equipment Replacement $0 $0 $0 $0 $0 $0 $0 $313,000 $0 $313,000
Basketball Courts Pavement Replacements $0 $0 $0 $0 $0 $0 $0 $148,000 $0 $148,000
65th Avenue Trunk Storm Sewer Rehabilitation $0 $0 $0 $1,736,000 $0 $0 $0 $0 $0 $1,736,000
Storm Water Pond 48-001 Rehab $0 $0 $0 $368,000 $0 $0 $0 $0 $0 $368,000
Lift Station No. 5 Rehabilitation $0 $0 $0 $0 $363,000 $0 $0 $0 $0 $363,000
Lift Station No. 9 Rehabilitation $0 $0 $0 $0 $806,000 $0 $0 $0 $0 $806,000
Lift Station No. 9 Force Main Replacement $0 $0 $0 $0 $418,000 $0 $0 $0 $0 $418,000
Well Nos. 6 and 8; Water Treatment Plant HSP No. 4 $0 $0 $0 $0 $0 $202,000 $0 $0 $0 $202,000
I694/Dupont Ave Water Main Crossing Replacement $0 $0 $0 $0 $0 $1,931,000 $0 $0 $0 $1,931,000
Capital Maintenance Building Plan (CMBP) Evaluation Study $0 $0 $0 $0 $0 $0 $0 $64,000 $0 $64,000
Cascade System Replacement (Fire) $0 $0 $0 $0 $0 $0 $0 $91,000 $0 $91,000
CMBP: Police - HVAC / Electrical Systems $0 $0 $0 $0 $0 $0 $0 $371,250 $0 $371,250
CMBP: Public Works - Lighting System Upgrade $0 $0 $0 $0 $0 $0 $0 $35,000 $75,000 $110,000
CMBP: City Hall - Elevator 2 $0 $0 $0 $0 $0 $0 $0 $206,250 $0 $206,250
CMBP: West Fire - Roof Replacement / HVAC System $0 $0 $0 $0 $0 $0 $0 $728,550 $0 $728,550
2024 Subtotal $1,496,129 $3,443,871 $0 $2,988,000 $3,577,000 $6,111,000 $0 $2,407,050 $75,000 $20,098,050
2025
53rd and Xerxes Avenue Improvements $80,000 $500,000 $0 $130,000 $0 $0 $50,000 $0 $0 $760,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Earle Brown/Opportunity Area Street Light Replacement $0 $0 $0 $0 $0 $0 $391,000 $0 $0 $391,000
Storm Water Pond 17-001 Rehab $0 $0 $0 $166,000 $0 $0 $0 $0 $0 $166,000
Well Nos. 2 and 3; Water Treatment Plant HSP (BW)$0 $0 $0 $0 $0 $208,000 $0 $0 $0 $208,000
Well No. 11: Well and Pumphouse $0 $0 $0 $0 $0 $2,700,000 $0 $0 $0 $2,700,000
Water Treatment Plant Redundant Water Main Connection $0 $0 $0 $0 $0 $1,014,000 $0 $0 $0 $1,014,000
CMBP: Public Works Garage - Roof Replacement $0 $0 $0 $0 $0 $0 $0 $948,853 $0 $948,853
CMBP: Public Works Garage - Doors, windows, and other equipment upgrades $0 $0 $0 $0 $0 $0 $0 $151,074 $0 $151,074
CMBP: Community Center- Air Handlers No. 4 & 5 $0 $0 $0 $0 $0 $0 $0 $110,000 $0 $110,000
CMBP: East/West Fire - Parking Lot Mill & Overlay $0 $0 $0 $0 $0 $0 $0 $416,067 $0 $416,067
CMBP: Police - Roof Replacement $0 $0 $0 $0 $0 $0 $0 $528,275 $0 $528,275
CMBP: Police - Exterior and Interior Capital Replacements $0 $0 $0 $0 $0 $0 $0 $261,044 $0 $261,044
2025 Subtotal $80,000 $500,000 $0 $296,000 $0 $3,922,000 $441,000 $2,565,313 $0 $0 $7,804,313
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DRAFT Capital Improvement Program (2024 - 2038)
Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects Outside Total Project
Project Assessments Reconst. Fund Fund Utility Utility Utility Utility Funds Funds Cost
2026
Orchard Lane West Area Improvements $2,060,000 $4,560,000 $0 $1,770,000 $2,450,000 $190,000 $200,000 $0 $0 $11,230,000
67th Avenue and James Avenue Mill and Overlay $190,000 $120,000 $0 $130,000 $10,000 $60,000 $20,000 $0 $0 $530,000
68th Avenue and Lee Avenue Mill and Overlay $130,000 $120,000 $0 $110,000 $10,000 $70,000 $20,000 $0 $0 $460,000
John Martin Drive Mill and Overlay $130,000 $0 $260,000 $40,000 $10,000 $50,000 $60,000 $0 $0 $550,000
St. Alphonses Area Mill and Overlay $380,000 $300,000 $0 $280,000 $40,000 $160,000 $50,000 $0 $0 $1,210,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Dog Park Project $0 $0 $0 $0 $0 $0 $0 $260,000 $0 $260,000
Hockey Rink Rehabilitation/Replacements $0 $0 $0 $0 $0 $0 $0 $329,000 $0 $329,000
Irrigation Systems Rehabilitation/Replacements $0 $0 $0 $0 $0 $0 $0 $148,000 $0 $148,000
61st & Perry Avenues Storm Sewer Improvement $0 $0 $0 $215,000 $0 $0 $0 $0 $0 $215,000
Storm Water Ponds 41-001, 41-002 & 53-001 Rehab $0 $0 $0 $168,000 $0 $0 $0 $0 $0 $168,000
Lift Station Nos. 3 Rehabilitation $0 $0 $0 $0 $363,000 $0 $0 $0 $0 $363,000
Well No. 5 and Water Treatment Plant HSP No. 3 $0 $0 $0 $0 $0 $118,000 $0 $0 $0 $118,000
CMBP: City Hall - Community Development Office Remodel $0 $0 $0 $0 $0 $0 $0 $276,000 $0 $276,000
CMBP: Community Center - Water Slide Skylight $0 $0 $0 $0 $0 $0 $0 $60,000 $0 $60,000
CMBP: Public Works Cold - Roof Replacement $0 $0 $0 $0 $0 $0 $0 $128,000 $0 $128,000
CMBP: Public Works Salt - Roof Replacement $0 $0 $0 $0 $0 $0 $0 $61,000 $0 $61,000
2026 Subtotal $2,890,000 $5,100,000 $260,000 $2,713,000 $2,883,000 $648,000 $350,000 $1,412,000 $0 $16,256,000
2027
Meadowlark Gardens Area Improvements $560,000 $960,000 $660,000 $510,000 $120,000 $390,000 $120,000 $0 $0 $3,320,000
Humboldt Avenue (CR 57) Reconstruction (53rd to 57th) $370,000 $770,000 $0 $225,000 $620,000 $730,000 $20,000 $0 $2,985,000 $5,720,000
Humboldt Avenue Mill and Overlay (65th to 69th) $120,000 $0 $640,000 $80,000 $30,000 $20,000 $10,000 $0 $0 $900,000
Humboldt Avenue Improvements (69th to 73rd) $160,000 $0 $680,000 $140,000 $470,000 $250,000 $30,000 $0 $0 $1,730,000
Traffic Sig Sys Rehab (Shingle Creek Pkwy/Summit) $0 $154,000 $461,000 $0 $0 $0 $0 $0 $0 $615,000
Traffic Sig Sys Rehab. (Shingle Creek Pkwy/John Martin) $0 $154,000 $461,000 $0 $0 $0 $0 $0 $0 $615,000
Soccer Project $0 $0 $0 $0 $0 $0 $0 $200,000 $800,000 $1,000,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Park Name Sign Replacements $0 $0 $0 $0 $0 $0 $0 $79,000 $0 $79,000
Softball/Baseball Fence Replacement $0 $0 $0 $0 $0 $0 $0 $67,000 $0 $67,000
69th Avenue Trail Reconstruction $0 $0 $0 $0 $0 $0 $0 $227,000 $0 $227,000
69th Avenue Landscape Rehabilitation $0 $0 $0 $0 $0 $0 $0 $152,000 $0 $152,000
Evergreen, Firehouse & Northport Park Security Improvements $0 $0 $0 $0 $0 $0 $0 $269,000 $0 $269,000
Well No. 10 and Water Treatment Plant HSP No. 1 $0 $0 $0 $0 $0 $121,000 $0 $0 $0 $121,000
Freeway and Highway Utility Crossing Replacement $0 $0 $0 $0 $249,000 $551,000 $0 $0 $0 $800,000
CMBP: Civic Center - Cooling Replace (Chillers/condensers)$0 $0 $0 $0 $0 $0 $0 $141,000 $0 $141,000
CMBP: West Fire - Generator/Transfer Replacement $0 $0 $0 $0 $0 $0 $0 $200,000 $0 $200,000
CMBP: Police - Condenser Jail $0 $0 $0 $0 $0 $0 $0 $70,000 $0 $70,000
2027 Subtotal $1,210,000 $2,038,000 $2,902,000 $955,000 $1,489,000 $2,062,000 $180,000 $1,555,000 $3,785,000 $16,176,000
2028
Garden City Central Area Mill and Overlay $710,000 $2,120,000 $340,000 $1,160,000 $440,000 $110,000 $0 $0 $0 $4,880,000
Earle Brown Drive Area Improvements $700,000 $1,090,000 $530,000 $150,000 $20,000 $20,000 $0 $0 $0 $2,510,000
Shingle Creek Pkwy and Xerxes Ave Mill and Overlay $540,000 $0 $1,240,000 $310,000 $30,000 $480,000 $90,000 $0 $0 $2,690,000
65th/66th Avenue and Camden Avenue Mill and Overlay $110,000 $310,000 $730,000 $180,000 $320,000 $20,000 $0 $0 $0 $1,670,000
73rd Avenue Mill and Overlay (Humboldt to Camden) $30,000 $95,000 $130,000 $75,000 $20,000 $10,000 $0 $0 $330,000 (D) $690,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Park Trail and Parking Lot Lighting Improvements $0 $0 $0 $0 $0 $0 $0 $420,000 $0 $420,000
Community Center: Phase 1 $0 $0 $0 $0 $0 $0 $0 $10,000,000 $5,000,000 $15,000,000
Centennial Park Improvements $0 $0 $0 $0 $0 $0 $0 $154,000 $0 $154,000
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DRAFT Capital Improvement Program (2024 - 2038)
Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects Outside Total Project
Project Assessments Reconst. Fund Fund Utility Utility Utility Utility Funds Funds Cost
Centennial Park Softball Field Improvements $0 $0 $0 $0 $0 $0 $0 $614,000 $0 $614,000
Water Meter Full System Replacement $0 $0 $0 $0 $596,000 $1,894,000 $0 $0 $0 $2,490,000
Well No. 7 and Water Treatment Plant HSP No. 2 $0 $0 $0 $0 $0 ` $0 $0 $0 $0
Emergency Responder Radio Replacement (Police/Fire/PW)$0 $0 $0 $0 $0 $0 $0 $600,000 $0 $600,000
2028 Subtotal $2,090,000 $3,615,000 $2,970,000 $1,875,000 $1,426,000 $2,534,000 $90,000 $11,938,000 $5,330,000 $31,868,000
NOTES:(D) 50% Cost sharing of street & storm with City of Brooklyn Park ($295k) per 1999 agreement
2029
69th Ave (CSAH 130) Reconstruction (Unity to Brooklyn Blvd) $0 $946,000 $0 $228,000 $900,000 $1,140,000 $10,000 $0 $4,696,000 $7,920,000
Retaining Wall Replacement (miscellaneous locations) $0 $0 $0 $0 $0 $0 $0 $132,000 $0 $132,000
TH 252/66th Interchange and 70th Pedestrian Overpass $0 $0 $0 $0 $0 $0 $0 $0 $35,000,000 (C) $35,000,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Storm Water Ponds 11-001, 59-003, 60-003, 63-001, 63-002 & 64-001 Rehab $0 $0 $0 $124,000 $0 $0 $0 $0 $0 $124,000
Lift Station Nos. 7 and 10 Rehabilitation $0 $0 $0 $0 $1,256,000 $0 $0 $0 $0 $1,256,000
Well Nos. 4 and 9 and Water Treatment Plant HSP No. 4 $0 $0 $0 $0 $0 $234,000 $0 $0 $0 $234,000
CMBP: City Hall - Ribbon Window Replacement $0 $0 $0 $0 $0 $0 $0 $94,000 $0 $94,000
CMBP: Community Center - Ribbon Window Replacement $0 $0 $0 $0 $0 $0 $0 $112,000 $0 $112,000
2029 Subtotal $0 $946,000 $0 $352,000 $2,156,000 $1,374,000 $10,000 $488,000 $39,696,000 $45,022,000
2030
Garden City North Area Mill and Overlay $640,000 $2,890,000 $0 $2,940,000 $860,000 $720,000 $0 $0 $0 $8,050,000
Garden City South Area Mill and Overlay $490,000 $2,760,000 $1,170,000 $1,580,000 $870,000 $1,890,000 $10,000 $0 $0 $8,770,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Sanitary Sewer Lining (Miss. River Trunk N. of I-694 to 70th/Willow) $0 $0 $0 $0 $1,777,000 $0 $0 $0 $0 $1,777,000
Lift No. 2 Forcemain Lining (Under I-94) $0 $0 $0 $0 $293,000 $0 $0 $0 $0 $293,000
Well Nos. 6 and 8; Water Treatment Plant HSP (BW) $0 $0 $0 $0 $0 $241,000 $0 $0 $0 $241,000
CMBP: City Hall - Main Switch Gear Replacement $0 $0 $0 $0 $0 $0 $0 $297,000 $0 $297,000
CMBP: Community Center - Carpet Replacement $0 $0 $0 $0 $0 $0 $0 $76,000 $0 $76,000
2030 Subtotal $1,130,000 $5,650,000 $1,170,000 $4,520,000 $3,800,000 $2,851,000 $10,000 $523,000 $0 $19,654,000
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DRAFT Capital Improvement Program (2024 - 2038)
Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects Outside Total Project
Project Assessments Reconst. Fund Fund Utility Utility Utility Utility Funds Funds Cost
2031
Southwest Area Mill and Overlay $560,000 $1,530,000 $1,350,000 $1,180,000 $610,000 $1,330,000 $60,000 $0 $0 $6,620,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Park Bleacher Replacement $0 $0 $0 $0 $0 $0 $0 $69,000 $0 $69,000
Storm Water Pond 57-004, 57-005 & 70-002 Rehab $0 $0 $0 $76,000 $0 $0 $0 $0 $0 $76,000
Lift Station No. 1 Generator Replacement $0 $0 $0 $0 $240,000 $0 $0 $0 $0 $240,000
Well Nos. 2 and 3 and Water Treatment Plant HSP No. 3 $0 $0 $0 $0 $0 $245,000 $0 $0 $0 $245,000
CMBP: City Hall - Brick Veneer Restoration $0 $0 $0 $0 $0 $0 $0 $148,000 $0 $148,000
CMBP: Community Center - Brick Veneer Restoration $0 $0 $0 $0 $0 $0 $0 $231,000 $0 $231,000
2031 Subtotal $560,000 $1,530,000 $1,350,000 $1,256,000 $850,000 $1,575,000 $60,000 $598,000 $0 $7,779,000
2032
Happy Hollow Mill and Overlay $310,000 $1,430,000 $380,000 $920,000 $230,000 $410,000 $60,000 $0 $0 $3,740,000
Southeast Alleys Improvements $1,450,000 $0 $0 $0 $0 $0 $10,000 $0 $0 $1,460,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Park Bleacher Replacement $0 $0 $0 $0 $0 $0 $0 $92,000 $0 $92,000
Brooklyn Blvd Street Light Replacement (65th to BP Border) $0 $0 $0 $0 $0 $0 $0 $990,000 $0 $990,000
Storm Water Pond 12-002, 12-003, 12-004, 12-005 & 18-001 Rehab $0 $0 $712,000 $0 $0 $0 $0 $0 $712,000
Well No. 5 and Water Treatment Plant HSP No. 1 $0 $0 $0 $0 $0 $137,000 $0 $0 $0 $137,000
CMBP: East Fire - Epoxy Floor Replacement $0 $0 $0 $0 $0 $0 $0 $56,000 $0 $56,000
CMBP: West Fire - Epoxy Floor Replacement $0 $0 $0 $0 $0 $0 $0 $76,000 $0 $76,000
CMBP: Public Works - Exterior Paint $0 $0 $0 $0 $0 $0 $0 $120,000 $0 $120,000
CMBP: Public Works - Make Up Air (2) Replacement $0 $0 $0 $0 $0 $0 $0 $188,000 $0 $188,000
2032 Subtotal $1,760,000 $1,430,000 $380,000 $1,632,000 $230,000 $547,000 $70,000 $1,672,000 $0 $7,721,000
2033
Northport Area Mill and Overlay $360,000 $1,200,000 $690,000 $690,000 $120,000 $60,000 $0 $0 $0 $3,120,000
Traffic Sig Sys Rehab.(65th Avenue/Dupont Ave) $0 $0 $702,000 $0 $0 $0 $0 $0 $0 $702,000
Traffic Sig Sys Rehab.(66th Ave/Camden Ave) $0 $351,000 $351,000 $0 $0 $0 $0 $0 $0 $702,000
Hazardous Tree Management and Reforestation $0 $0 $0 $0 $0 $0 $0 $150,000 $0 $150,000
Evergreen Park Football/Soccer Field Improvements $0 $0 $0 $0 $0 $0 $0 $151,000 $0 $151,000
Well No. 10 and Water Treatment Plant HSP No. 2 $0 $0 $0 $0 $0 $139,000 $0 $0 $0 $139,000
Self Contained Breathing Apparatus (SCBA) Replacement (Fire) $0 $0 $0 $0 $0 $0 $0 $612,500 $0 $612,500
CMBP: Public Works - Main Switch Gear Replacement $0 $0 $0 $0 $0 $0 $0 $263,000 $0 $263,000
CMBP: Public Works - Generator/Transfer Replacement $0 $0 $0 $0 $0 $0 $0 $205,000 $0 $205,000
2033 Subtotal $360,000 $1,551,000 $1,743,000 $690,000 $120,000 $199,000 $0 $1,381,500 $0 $6,044,500
2034
Lions Park South Mill and Overlay $390,000 $1,760,000 $0 $860,000 $110,000 $60,000 $0 $0 $0 $3,180,000
73rd Avenue (Penn to Humboldt) Mill and Overlay $40,000 $195,000 $0 $95,000 $150,000 $220,000 $0 $0 $330,000 (E) $1,030,000
Well No. 7 and Water Treatment Plant HSP No. 4 $0 $0 $0 $0 $0 $141,000 $0 $0 $0 $141,000
CMBP: Public Works - Make Up Air (2) Replacement $0 $0 $0 $0 $0 $0 $0 $113,000 $0 $113,000
CMBP: East/West Fire - Overhead Door Replacements $0 $0 $0 $0 $0 $0 $0 $253,000 $0 $253,000
CMBP: Community Center - Sauna Reconstruction $0 $0 $0 $0 $0 $0 $0 $115,000 $0 $115,000
2034 Subtotal $430,000 $1,955,000 $0 $955,000 $260,000 $421,000 $0 $481,000 $330,000 $4,832,000
NOTES:(E) 50% Cost sharing of street & storm with City of Brooklyn Park ($285k) per 2004 agreement
2035
Centerbrook Area Mill and Overlay $280,000 $1,440,000 $0 $660,000 $90,000 $50,000 $0 $0 $0 $2,520,000
Shingle Creek Pkwy/Summit Dr/Earle Brown Mill and Overlay $490,000 $540,000 $2,720,000 $540,000 $540,000 $1,310,000 $0 $0 $0 $6,140,000
Well Nos. 4 and 9 and Water Treatment Plant HSP (BW) $0 $0 $0 $0 $0 $260,000 $0 $0 $0 $260,000
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DRAFT Capital Improvement Program (2024 - 2038)
Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects Outside Total Project
Project Assessments Reconst. Fund Fund Utility Utility Utility Utility Funds Funds Cost
CMBP: Community Center - RTU #1 & #2 $0 $0 $0 $0 $0 $0 $0 $322,000 $0 $322,000
2035 Subtotal $770,000 $1,980,000 $2,720,000 $1,200,000 $630,000 $1,620,000 $0 $322,000 $0 $9,242,000
2036
Freeway Blvd Area Improvements $760,000 $1,860,000 $3,490,000 $320,000 $610,000 $1,030,000 $0 $0 $0 $8,070,000
Riverwood Area Improvements $1,100,000 $4,394,000 $0 $1,840,000 $1,700,000 $1,820,000 $0 $0 $186,000 (F) $11,040,000
Storm Water Pond 46-001, 50-001, 52-001, 60-001 & 63-006 Rehab $0 $0 $694,000 $0 $0 $0 $0 $0 $694,000
Well Nos. 6 and 8 and Water Treatment Plant HSP No. 3 $0 $0 $0 $0 $0 $264,000 $0 $0 $0 $264,000
2036 Subtotal $1,860,000 $6,254,000 $3,490,000 $2,854,000 $2,310,000 $3,114,000 $0 $0 $186,000 $20,068,000
NOTES:(F) 50% Cost sharing of 73rd Avenue street improvements with City of Brooklyn Park ($177k)
2037
Twin Lake North Area Mill and Overlay $540,000 $2,570,000 $0 $1,250,000 $160,000 $1,820,000 $0 $0 $0 $6,340,000
Xerxes and Northway Area Improvements $1,540,000 $1,410,000 $2,300,000 $480,000 $1,140,000 $1,780,000 $0 $0 $0 $8,650,000
Well Nos. 2 and 3 and Water Treatment Plant HSP No. 1 $0 $0 $0 $0 $0 $268,000 $0 $0 $0 $268,000
2037 Subtotal $2,080,000 $3,980,000 $2,300,000 $1,730,000 $1,300,000 $3,868,000 $0 $0 $0 $15,258,000
2038
69th Ave and Shingle Creek Pkwy $70,000 $0 $6,050,000 $330,000 $540,000 $550,000 $10,000 $0 $0 $7,550,000
Willow Lane Project Area $950,000 $3,290,000 $0 $980,000 $130,000 $650,000 $0 $0 $0 $6,000,000
Well No. 5 and Water Treatment Plant HSP No. 2 $0 $0 $0 $0 $0 $135,000 $0 $0 $0 $135,000
2038 Subtotal $1,020,000 $3,290,000 $6,050,000 $1,310,000 $670,000 $1,335,000 $10,000 $0 $0 $13,685,000
TOTALS $17,736,129 $43,262,871 $25,335,000 $25,326,000 $21,701,000 $32,181,000 $1,221,000 $25,342,863 $49,402,000 $241,507,863
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June Draft CMBP Items Revised per CMBP Study
2024 Capital Project Funds 2024 Capital Project Funds
1 Capital Maintenance Building Plan (CMBP) Evaluation Study $64,000 1 Capital Maintenance Building Plan (CMBP) Evaluation Study $64,000
2 CMBP: West Fire - Rooftop Unit Replacement $63,000 2 CMBP: West Fire - Roof Replacement / HVAC System $728,550
3 Cascade System Replacement (Fire) $91,000 3 Cascade System Replacement (Fire) $91,000
4 CMBP: City Hall/CC Addition - Roof Replacement $441,000 4 In Fair condition: project moved out to 2026 -
5 CMBP: City Hall - Community Development Office Remodel $276,000 5 Moved to 2026 -
6 CMBP: East/West Fire - Roof Replacement $409,000 6 Rescoped - see project No. 2 -
7 CMBP: Police - Generator/Transfer Replacement $197,000 7 CMBP: Police - HVAC / Electrical Systems $371,250
8 CMBP: PW Garage - Roof Replacement $540,000 8 Moved to 2025 -
9 CMBP: Public Works - Lighting System Upgrade $109,000 9 CMBP: Public Works - Lighting System Upgrade $110,000
10 CMBP: City Hall - Elevator 2 $206,250
2024 Total $2,190,000 2024 Total $1,571,050
2025 2025
1 CMBP: Community Center - Cooling Replace (Chillers/condensers) $141,000 1 In Fair condition: project moved out to 2027 -
2 CMBP: Community Center - Air Handlers #4, #5 Replace $77,000 2 CMBP: Community Center - Air Handlers Replace $110,000
3 CMBP: East/West Fire - Parking Lot Mill & Overlay $128,000 3 CMBP: East/West Fire - Parking Lot Mill & Overlay $416,067
4 CMBP: Police - Roof Replacement $291,000 4 CMBP: Police - Roof Replacement $528,275
5 CMBP: Police - Exterior and Interior Capital Replacements $261,044
6 CMBP: Public Works Garage - Roof Replacement $948,853
7 CMBP: Public Works Garage - Doors, windows, and other equipment upgrades $151,074
2025 Total $637,000 2025 Total $2,415,313
C ouncil/E DA Work Session
DAT E:11/27/2023
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:
Liquor S tore 2
Memorial Policy
S pecial A s s essment Policy/F ranchise Fees (referred to Financial Commission)
Beau2fica2on and P ublic A rt C ommis s ion
O rganiza2onal 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 Resolu2on 2021-73
P lanning A pplica2on P roces s
Level I V Rentals
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values: