HomeMy WebLinkAbout2024.02.12 CCPCouncil Worksession
City Hall Council Chambers
February 12, 2024 AGE NDA
The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy
of the packet is available on the city's website.
1.Call to Order - 6:00 p.m.
2.M iscellaneous Discussion Items
a.City Council Discussion I tems
b.L egislative Process
c.City Council Chambers S afety and Decorum
3.Adjourn
C ouncil Worksession
DAT E:2/12/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, A c"ng City Manager
T H R O U G H :N/A
BY:D r. Reggie Edwards, City Manager
S U B J E C T:C ity C ouncil D iscussion I tems
B ackground:
C ouncil Worksession
DAT E:2/12/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, A c"ng City Manager
T H R O U G H :N/A
BY:
S U B J E C T:L egis la"ve P rocess
B ackground:
C ouncil Worksession
DAT E:2/12/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, A c"ng City Manager
T H R O U G H :N/A
BY:D r. Reggie Edwards, City Manager
S U B J E C T:C ity C ouncil Chambers S afety and D ecorum
B ackground:
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
February 12, 2024
AGE NDA
1.Call to Order - 7:00 p.m.
This is an opportunity for the public to address the City Council on items that are not on the agenda. It
is limited to 15 minutes. It may no t be used to make personal attacks, air personality grievances, make
political endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with the presenter. Questions fro m the Council will be for clarificatio n purposes only. It will
not be used as a time fo r proble m-solving or reacting to the comments made but for hearing the
presenter for informational purposes only.
The first call will be for those that have notified the Clerk that they would like to speak during the
open forum and then ask if any one connec ted to this meeting would like to speak. W hen called
upon, please indicate your name and then proceed. Please be sure to state your name before
speaking.
2.Roll Call
3.P ledge of Allegiance
4.Informal Open Forum
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.
5.Invocation - Butler
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:
01/22/24 Regular Meeting
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.Resolution Declaring a P ublic Nuisance and Ordering the A batement of
Nuisance at 3606 Urban Avenue N
- Motion to approve a resolution ordering the abatement of conditions
creating a public nuisance property existing at 3606 Urban Ave North in the
City of Brooklyn Center.
d.Resolution A ccepting L ivable Communities Demonstration A ccount (L C D A)
F unding Grant for A C E R's I nnovation and Catalyst Center
- Motion to approve a resolution accepting Livable Communities
Demonstration Account (LCDA) funding grant from Metropolitan Council.
e.Resolution A ccepting L ivable Communities Demonstration A ccount (L C D A)
F unding Grant for New Generations L L C - Veterans Housing
- Motion to approve a resolution accepting Livable Communities
Demonstration Account (LCDA) funding grant from Metropolitan Council.
f.Resolution A pproving S ettlement A greement for B rooklyn Boulevard Corridor
Project Phase 2 I mprovements, P roject No. 2021-05
- Motion to approve a resolution approving a settlement agreement for
Brooklyn Boulevard Corridor Project Phase 2 Improvements, Project No.
2021-05.
g.An Ordinance Vacating a Portion of the Dedicated Right-of-Way in the P lat of
J oslyn A ddition (1st Reading)
- Motion to approve a first readi ng of the requested ordinance vacating a
portion of the dedicated right-of-way in the plat of Joslyn Addition, and set a
second reading and public hearing for March 11, 2024.
h.Resolution A pproving P lans and Specifications and Authorizing Advertisement
for Bids, I mprovement P roject No. 2024-05 65th S torm Sewer Rehabilitation.
- Motion to approve the attached resolution approving pl ans and
specifications and authorizing advertisement for bids, Improvement Project
No. 2024-05 65th Storm Sewer Rehabilitation.
i.Resolution A uthorizing Granting a Trail E asement over City P roperty in F avor
of Crest L imited Partnership
- Motion to approve a resolution authori zing granting a trail easement over
city property at 6301 Shingle Creek Parkway in favor of Crest Limited
Partnership (CL P) the owner of the adjacent property located at 6221
Shingle Creek Parkway.
j.Resolution A ccepting and A pproving a Utility F acilities Easement A greement
with Crest L imited P artnership
- Motion to approve a resolution accepting and approving a util ity facilities
easement agreement with Crest Limited Partnership (CL P) the owner of the
Crest located at 6221 Shingle Creek Parkway.
k.Resolution A cknowledging Awarded F unds for the Minnesota Department of
Natural Resources ReL eaf Community F orestry Grant and A uthorizing
Acceptance of Grant Funds
- Moti on to approve a resol uti on acknowledgi ng the awarded funds for the
Minnesota Department of Natural Resources ReLeaf Community Forestry Grant
and authori zing acceptance of grant funds.
l.Resolution A uthorizing the City of B rooklyn Center to Enter into a Contract with
Hennepin County for L ocal Food Purchase A ssistance (HS00001632)
- Motion to approve a resolution authorizing the City of Brooklyn Center to
enter into a contract with Hennepin County for Local Food Purchase
Assistance (HS00001632) and authorize the City Manager to execute such
contract.
7.P resentations/Proclamations/Recognitions/Donations
a.Proclamation Declaring F ebruary 12, 2024 as Don Halverson Day in Honor of
his 101st birthday and Commemorate his Military Service in W W I I
- motion declaring February 12, 2024 as Don Halverson Day in Honor of his
101st birthday and Commemorate his Military Service in WWII
8.P ublic Hearings
a.Resolution A pproving the Projected Use of F unds for the 2024 Urban
Hennepin County Community Development B lock Grant Program and
Authorizing S ignature of a Subrecipient A greement with Hennepin County
- Moti on to open public hearing, take public comment, and close public
hearing
- Motion to approve a resolution approvi ng the projected use of funds for the
2024 Urban Hennepin County Community Development Bl ock Grant
program and authorizing si gnature of a subrecipient agreement with
Hennepin County
9.P lanning Commission Items
10.Council Consideration Items
a.Appointment to City Commissions
- Motion to approve the appointments to the City Commissions
b.Appproval of the 2024 L egislative Priorities
- Motion to approve the 2024 Legislative Priorities.
11.Council Report
12.Adjournment
C ouncil R egular M eeng
DAT E:2/12/2024
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:
01/22/24 Regular Meeng
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:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
P rovide quality s ervices w ith fair and equitable treatment, A ccountability, Transparency
AT TA C H M E N TS :
D escrip5on U pload D ate Type
1.22 Regular S ession 2/6/2024 Backup M aterial
1/22/24 -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
JANUARY 22, 2024
CITY HALL – COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center City Council met in an Informal Open Forum called to order by Mayor
Graves at 7:04 p.m.
2. ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal &
Support Services Angela Holm, Liquor Store Operations Manager Tom Agnes, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
Mayor April Graves opened the meeting for the purpose of Informal Open Forum.
Emily Truseth stated Brooklyn Center has a lot of work to do to make the community safe for all.
There have been a number of racist comments in online forums and the Council meetings include
a ridiculous amount of gatekeeping. Brooklyn Center does not exist in a vacuum, and the national
issues impact the community. Also, there are racially coded, exclusionary comments throughout
the Council meetings. Finally, racism is evident from the Brooklyn Center Police Department
murdering two people of color.
Emily Truseth explained she would like to share some relevant statistics. Mayor Graves stated
commenters were not allowed to speak on agenda items per consensus of the Council.
Julie Bourque noted accessibility continues to be an issue with Council meetings and Commission
meetings. She explained it is difficult for her to leave her home due to health issues and being a
single parent. She should have access to any public meetings and information. She added it is
concerning that the first hour of the meeting will no longer be televised. It is not inclusive or
equitable. Additionally, it is an issue that the Charter Commission doesn’t have any remote viewing
1/22/24 -2- DRAFT
options, nor are the agendas and minutes available online. The strategic planning sessions
mentioned the importance of accessibility, but that is not being upheld.
Mayor Graves pointed out that the decision to stop televising the first hour is only for a trial period
of three months. The intention is to allow the Council to have more discussion without
interruptions.
Katie Wright stated there is a Blue Lives Matter flag with “KP” written on it in the Brooklyn Center
Police Department’s roll call room, which refers to Kim Potter. If that is a reflection of what the
City wants to represent, it is very offensive. It sends a message to existing and new police officers
as well as felons who have been charged with similar crimes as Kim Pott er. She suggested the
Council and Staff address the matter and that anyone with knowledge of the current flag be
considered for disciplinary action.
Katie Wright noted her agreement with the comments of Julie B. regarding the lack of transparency
in the first hour of the meeting. The lack of transparency is unacceptable.
Toshira Garroway explained she has worked closely with the families of Duante Wright and Kobe
Dimock-Heisler. Many attendees are present to hear the outcome of the vote on Council
Consideration Item 10a. Resolution Directing the Adoption of Traffic Stop and Consent Search
Policies for the Brooklyn Center Police Department. The mothers of Duante Wright and Kobe
Dimock-Heisler have an interest in speaking publicly following the vote. Duante Wright’s murder
was well-covered in the media.
Toshira Garroway. added it is difficult to hear the Mayor state she has no interest in hearing from
the community on the issue. She was rooting for Mayor Graves during the election, but her
character is now questionable.
Mayor Graves stated there have been several opportunities for the community to provide feedback
and commentary on Council Consideration Item 10a. Resolution Directing the Adoption of Traffic
Stop and Consent Search Policies for the Brooklyn Center Police Department . It is the consensus
of the Council to move ahead with the agenda item in line with the rules of the meeting. She urged
the Council to keep up with technological accessibility.
Randy Christensen noted he was surprised that the meeting was no longer being televised for the
first hour. The lack of communication and transparency is disheartening. It is also frustrating that
there isn’t an option to speak on agenda items and that more public meetings are not available
remotely.
Lillian McDonald thanked the Council for their hard work. She thanked the community for the
work they are trying to do. The City is trying to heal, and they need to turn the page. Everyone has
to be on the same page to move forward.
Lillian McDonald stated the City needs to address homelessness and local encampments. She
explained she represents her neighborhood, which is near a large encampment. The City needs to
1/22/24 -3- DRAFT
come together to find a path forward. She has emailed Staff multiple times asking for updates with
few responses. The City needs to promote safety, health, and building community. The
encampment is also concerned with the cold weather in mind.
Lillian McDonald thanked the meeting attendees for their involvement in the Council meeting.
Councilmember Butler moved, and Councilmember Jerzak seconded to close the Informal Open
Forum at 7:20 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Jerzak noted City Manager Dr. Reggie Edwards had reached out to him to ask
what he did for Martin Luther King Jr.’s Day. He traded the invocation with Councilmember
Lawrence-Anderson to share his experience.
Councilmember Jerzak explained he and his family were in Memphis when Martin Luther King
Jr. was murdered. While traveling, he saw signs that segregated the use of drinking fountains on
the basis of race.
A member of the audience began speaking. Mayor Graves stated the commenter would be asked
to leave if she continued to interrupt the meeting.
Councilmember Jerzak stated Martial law had been imposed, so there were checkpoints. His father
showed his military ID to pass through the checkpoints. He asked his father if they would be okay.
His father said, “Our family will be okay, but I don’t know if the country will be okay.”
Councilmember Jerzak noted the country hasn’t come all that far since then, though there have
been some improvements. He shared more quotes from his father regarding race.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Jerzak moved, and Councilmember Kragness seconded to approve the Agenda
and Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. January 8, 2024 – Study Session
2. January 8, 2024 – Regular Session
6b. LICENSES
ON-SALE WINE
Ogamadam Kitchen, LLC 6000 Shingle Creek Parkway
1/22/24 -4- DRAFT
ENTERTAINMENT
Ogamadam Kitchen, LLC 6000 Shingle Creek Parkway
RENTALS
INITIAL (TYPE IV – six-month license)
3901 Burquest Lane P OGUNTI & M ZARZAR
INITIAL (TYPE III – one-year license)
4200 Lakebreeze Avenue N AZ Rental Apartment
3613 54th Avenue N STEPHEN ZEKPA
RENEWAL (TYPE IV – six-month license)
4201 Lakeside Avenue N, #104 JMG PROPERTY LLC
2118 Ericon Drive Marco Panora
3312 62nd Avenue N Hpa Us1 Llc
5556 Emerson Avenue N Thomas D Belting
6015 Aldrich Avenue N Akat LLC
6107 Emerson Avenue N Lydia Yeboah
6931 Toledo Avenue N SFR II BORROWER 2021-3 LLC
7037 Fremont Avenue N Edwina P Mcgill
7131 Ewing Avenue N The Next Edison Trust
RENEWAL (TYPE III – one-year license)
7015 Brooklyn Boulevard Willow Lane Estates LLC
RENEWAL (TYPE II – two-year license)
2813 64th Avenue N Everest Holdings LLC
3808 France Place Ih2 Property Illinois Lp
3912 61st Avenue N Nazneen H Khatoon
5636 Irving Avenue N Bruce A Goldberg
6908 Unity Avenue N Sun LLC
1/22/24 -5- DRAFT
RENEWAL (TYPE I – three-year license)
5338-40 Queen Avenue N 5338 Queen, LLC
5322 Logan Avenue N Mary Jo Schwanz Rev Trust
6c. RESOLUTION NO. 2024-15; ACKNOWLEDGING AWARDED FUNDS
FOR THE HENNEPIN YOUTH FACILITY AND PLAY SPACES GRANT
AND AUTHORIZING ACCEPTANCE OF GRANT FUNDS
6d. RESOLUTION NO. 2024-16; ACKNOWLEDGING AWARDED FUNDS
FOR THE HENNEPIN COUNTY HEALTHY TREE CANOPY GRANT AND
AUTHORIZING ACCEPTANCE OF GRANT FUNDS
6e. RESOLUTION NO. 2024-17; APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS,
IMPROVEMENT PROJECT NO. 2024-01 ORCHARD LANE EAST
IMPROVEMENTS
6f. RESOLUTION NO. 2024-18; ACCEPTING STATE CONTRACT PRICING
AND AWARDING A CONTRACT, PROJECT NO. 2024-11, 2024 PARK
PLAYGROUND REPLACEMENTS
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8. PUBLIC HEARINGS
8a. RESOLUTION NO. 2024-19; AUTHORIZING CONTINUATION OF MUNICIPAL
LIQUOR OPERATIONS IN THE CITY OF BROOKLYN CENTER
City Manager Reggie Edwards introduced the item and invited Liquor Store Operations Manager
Tom Agnes to make the staff presentation.
Liquor Store Operations Manager Tom Agnes explained municipal liquor operations are
authorized by State statute and were originally authorized as a means to control the sale of alcohol.
Profitable liquor operations are a source of revenue to supplement traditional tax and fee revenues
necessary for City operations.
Mr. Agnes stated City of Brooklyn Center currently operates two municipal liquor stores.
Operations began in December of 1949. The location in Shingle Creek Crossing is owned and
operated by the City while the location on Brooklyn Boulevard occupies rental space in a strip
mall.
1/22/24 -6- DRAFT
Mr. Agnes stated each year the State issues an “Analysis of Municipal Liquor Store Operations”
report annually. It usually comes out in the fall and addresses activity for the prior calendar year.
It provides comparative data on municipal liquor operations owned by Minnesota cities. There are
176 cities in Minnesota that operate municipal liquor establishments. Of the 211 stores, there are
18 in the Seven-County Metro Area.
Mr. Agnes pointed out that Brooklyn Center liquor operations had a net loss of $51,171 in the
fiscal year 2021 and a net loss of $59,236 in the fiscal year 2022. The City's municipal liquor
operation sustained net losses due primarily to the impact of COVID-19 business interruptions and
losses sustained during the localized civil unrest surrounding the killing of Daunte Wright.
Mr. Agnes noted Minnesota statute 340A.602 requires that the City Council of any city with a
municipal liquor operation that sustains net losses in any two of three consecutive years hold a
public hearing regarding the continuation of the operation.
Mayor Graves asked if there was a net loss in 2023. Mr. Agnes stated the numbers for 2023 are
not yet available.
Mr. Agnes showed a graph with liquor sales over the past 10 years and then a graph of total profit
including net profit, depreciation, and transfers.
Councilmember Kragness thanked Mr. Agnes for the presentation. She asked if the preliminary
2023 numbers were positive or negative. Mr. Agnes noted there are a number of influential factors.
A bond payment is converting from interest only to principal, which will result in a large jump up.
Also, they will always have a depreciation number. 2023 started off well, but the closing of
Walmart negatively impacted Liquor Store One’s profits. That store is down around 100,000
transactions from previous years.
Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to open the
Public Hearing.
Motion passed unanimously.
Lilian McDonald asked Mr. Agnes what had been done to improve profits.
Mayor Graves reminded the attendees of decorum and to address the presiding officer with any
comments or questions.
Mr. Agnes stated there are promotions on social media, which seem to have a lot of traction. Also,
they are trying to hire solid employees as they are currently down eight employees.
Kevin Scherber stated the cans seem to cater to the biggest drinkers. He suggested the stores
provide more variety.
1/22/24 -7- DRAFT
Jeff Lewis asked if the City has considered leasing out the location owned by the City to a private
entity.
Mike Crosby asked the Council to help the municipal liquor stores as it is a method to pay for City
services. He asked if the new cannabis laws create competition for the City and how the City’s
income will be impacted.
Mr. Agnes stated the municipal stores have started to carry THC products and they have been
selling well. He pointed out some cities have reported an increase in THC sales along with a
decrease in alcohol sales.
Julie Bourque stated the stores are convenient and have great employees. She noted her support of
the stores.
Councilmember Jerzak moved and Councilmember Butler seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Jerzak moved and Mayor Graves seconded to adopt Resolution No. 19;
Authorizing the Continuation of the City's Municipal Liquor Operations.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
None.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2024-20; DIRECTING THE ADOPTION OF TRAFFIC STOP;
RESOLUTION NO. 2024-21; CONSENT SEARCH POLICIES FOR THE
BROOKLYN CENTER POLICE DEPARTMENT
City Manager Reggie Edwards introduced the item and provided a history of the resolution. He
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 working with experts to gather data and consider City Code
amendments, ordinances, resolutions, policies, and guidelines with regard to public health-oriented
approaches to community safety. In September of 2022, the Committee developed and prepared
policy recommendations regarding traffic stops and consent searches.
Dr. Edwards pointed out in June 2023 that staff made recommendations to the City Council
regarding traffic stops and consent searches based upon the review of the recommendations made
earlier by the Implementation Committee. Following Staff’s presentation, the Council directed
1/22/24 -8- DRAFT
Staff to bring back a resolution adopting a policy for traffic stops and consent searches.
Dr. Edwards noted Staff reviewed reasons for traffic stops and assigned safety ratings. The
intention is to promote traffic safety while mitigating potentially dangerous interactions. They also
separated the traffic and consent search policies. It was a recommendation from the
Implementation Committee for the measures to be introduced as policies instead of ordinances.
There was also a preference for community education on consent searches.
Dr. Edwards explained the item before the Council is to adopt both the traffic stop and consent
search policies. They were drafted by City Attorney Jason Hill.
Mr. Hill noted the policies have been thoroughly reviewed by the City Staff, Council, and the
Implementation Committee. There has been a large amount of community engagement. The first
item before the Council is a traffic stop policy that eliminates seven reasons for traffic stops. The
regulations would be enacted through the adoption of policies rather than ordinances, and
standalone policies should be incorporated into the Brooklyn Center Police Department Policy
Manual.
Mr. Hill added the second resolution is regarding consent searches and is more about gathering
data and creating a tracking system than changing any current practices. There is also a direction
to research and create a balance of powers statement for the Police Department to use during
consent searches.
Mayor Graves stated a timeline needs to be established regarding the crafting of the balance of
powers statement and the creation of the tracking system, should the resolutions pass. There was
no disagreement from the Council.
Mayor Graves read a prepared statement. The collaborative work has been extremely important.
Systems change can become stagnant, and community members may feel discouraged during the
process. It has been her goal as Mayor to promote collaboration. Decisions should never be made
in a vacuum, nor should decisions reflect only one person’s preferences. The reco mmendations
before the Council are a result of countless research, community dialogues, and Staff review. She
is proud of the progress and the recommended resolutions. She pointed out the resolutions are
ultimately a compromise between various parties.
Mayor Graves noted Brooklyn Center faces issues such as violence and racial disparities that are
seen throughout the Nation. Some people believe the recommendations do not go far enough while
others believe they go too far. It is impossible to please everyone. However, she encouraged
everyone to reflect on the collaboration and growth that has taken place. The City needs to continue
to hold itself accountable and to become more compassionate. It is her hope the resolutions will
create a more safe, just, and healthy Brooklyn Center.
Councilmember Butler stated it is her eighth and final year on the Council, meaning she was on
the Council for the deaths of both Daunte Wright and Kobe Dimock-Heisler. She regrets that the
Council didn’t have the courage following the death of Kobe Dimock-Heisler to implement any
1/22/24 -9- DRAFT
changes. It could have impacted the life of Duante Wright.
Councilmember Butler recognized the courage of the mothers and the time they have contributed
to improving the community. Also, the Implementation Committee spent a number of hours
working with professionals and forming recommendations. They were criticized for their work,
but they should be thanked for their efforts.
Councilmember Butler agreed the policies were a compromise and were not what she wanted to
approve for the City. However, it will move Brooklyn Center in the right direction. Two years ago,
they were going to be a leader in the Nation. The City has fallen behind, but it has learned what
does and doesn’t work in implementing change.
Councilmember Butler moved, and Mayor Graves seconded to adopt a Resolution adopting the
traffic stop policy for the Brooklyn Center Police Department.
Councilmembers Jerzak, Kragness, and Lawrence-Anderson voted against the same. Motion
failed.
Amity D. stated the Council is shameful.
There were a number of disparaging comments made by attendees.
Councilmember Butler moved and Mayor Graves seconded to adopt a Resolution adopting the
consent search policy for the Brooklyn Center Police Department.
Councilmembers Jerzak, Kragness, and Lawrence-Anderson voted against the same. Motion
failed.
Katie W. stated people are going to die because the Council did the wrong thing. She has been
fighting for change for years. She stated Councilmember Jerzak is racist.
There were a number of disparaging and threatening comments made by attendees.
Mayor Graves called for a recess.
Mr. Hill, stated there needs to be a motion to table item 10b.
10b. APPROVAL OF THE 2024 LEGISLATIVE PRIORITIES
Councilmember Butler moved, and Mayor Graves seconded to table Council Consideration Item
10b. Approval of the 2024 Legislative Priorities.
Motion passed unanimously.
1/22/24 -10- DRAFT
11. COUNCIL REPORT
This item was not addressed.
12. ADJOURNMENT
Councilmember Jerzak moved, and Councilmember Kragness seconded adjournment of the City
Council meeting at 8:20 p.m.
Motion passed unanimously.
C ouncil R egular M eeng
DAT E:2/12/2024
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 pec5ve licenses , submi6ed appropriate applica5ons,
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 a6ached rental report.
Gasoline S ervice S taon
Brooklyn Center Municipal G arage
6844 S hingle Creek P kwy
H ospitality A ccommodaons
S uburban S tudios
2701 F reeway Blvd
M echanical
A s s ociated Mechanical
1257 Marschall Rd, S hakopee 55379
Joel S mith H ea5ng & A C
4672 236th L n N E, Bethel 55005
John M Pohl Mechanical L L C
5891 Moore L ake D r W, F ridley 55432
Northern P lumbing & S o@ening
7401 Central Ave N E, F ridley 55432
P rofessional Mechanical S ervices L L C
19640 200 N W, S uite 9, Big Lake 55309
S t. M arie S heet M etal
7940 S pring Lake Park Road N E, S pring L ake Park 55432
S ign H anger ’s
I nstall This A w ning & S ign
4835 Lyndale Ave N, Minneapolis 55430
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
A ccountability, Transparency
AT TA C H M E N TS :
D escrip5on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rentals 2/6/2024 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
4700 Lakeview Ave N Two Family Initial PETER NGUYEN & LILY PHAM
4 Type II N/A Type II N/A N/A
5333 James Ave N Single Initial THE MNHOMES2GO INC 8 Type III N/A Type III N/A N/A
3501 47th Ave N
Multiple Family
1 Bldg 11 Units Renewal 6939 Baird Llc 50 = 4.5 per unit Type IV 0 Type IV Type II 0
3601 47th Ave N
Multiple Family
4 Bldgs 44 Units Renewal
8411 Balboa Llc
Did not meet requirements 103 = 2.3 per unit Type III
2 Calls = No decrease
2/19/23 5th Degree Assault
6/23/23 5th Degree Assault Type IV Type IV 3
4204 Lakebreeze Ave N
Multiple Family
1 Bldg 4 Units Renewal
AZ RENTAL APARTMENTS LLC
Did not meet requirements
8 = 2 per unit Type III 0 Type IV Type IV 2
4216 Lakebreeze Ave N
Multiple Family
1 Bldg 4 Units Renewal
Lake Breeze Holdings LLC
Met requirements 12 = 3 per unit Type III 0 Type III Type IV N/A
6700 Humboldt Ave N
Multiple Family
4 Bldgs 54 Units Renewal
MIMG CLXXXIV STERLING SQ
SUB 206 = 3.8 per unit Type IV 0 Type IV Type II 0
6710 Orchard La
Multiple Family
10 Bldgs 52 Units Renewal
Marvin Gardens Townhomes
Lp 294 = 5.6 per unit Type IV 0 Type IV Type I 0
6907 Dupont Ave N
Multiple Family
1 Bldg 4 Units Renewal
Evang Luth Ch Of The Master
Met requirements 4 Type II 0 Type II Type IV N/A
4207 Lakeside Ave N, #226 Condo Renewal The Beach Apt Owners Assn 10 Type IV 0 Type IV Type I 0
5408 Girard Ave N Two Family Renewal Janice & Robert Gardner Sr.16 Type IV 0 Type IV Type I 0
818 Woodbine La Single Renewal
QZ Funding LLC
Did not meet requirements
4 Type II 0 Type III Type III N/A
1307 65th Ave N Single Renewal Pa Nou Vang & Chia Thao 2 Type I 0 Type I Type II N/A
1605 56th Ave N Single Renewal
Fyr Sfr Borrower Llc
Did not meet requirements 11 Type IV 0 Type IV Type IV 4
2113 55th Ave N Single Renewal Ih3 Property Minnesota Lp
13 Type IV 0 Type IV Type II 0
2208 69th Ave N Single Renewal ASCENT EQUITY LLC 6 Type III 0 Type III Type I N/A
2804 67th La N Single Renewal Bryan D Aitkens 3 Type II 0 Type II Type II N/A
3007 Ohenry Rd Single Renewal
Ih3 Property Minnesota Lp
Did not meet requirements
7 Type III 0 Type IV Type IV 2
Rental Licenses for Council Approval 2.12.24
3319 66th Ave N Single Renewal Thr Property Illinois L P
6 Type III 0 Type III Type II N/A
3328 49th Ave N Single Renewal From Mat To Life Llc
7 Type III 0 Type III Type II N/A
3707 61st Ave N Single Renewal Cel Monton Llc 4 Type II 0 Type II Type II N/A
3800 Commodore Dr Single Renewal C Gindorf/t J Sweetman Et Al 1 Type I 0 Type I Type II N/A
3808 61st Ave N Single Renewal Adedamola O Ogundipe 1 Type I 0 Type I Type II N/A
3819 France Pl Single Renewal R & M Real Estate Llc
3 Type II 0 Type II Type I N/A
4213 63rd Ave N Single Renewal
Buster F Fallah
Did not meet requirements 4 Type II 0 Type IV Type IV 5
5356 71st Cir Single Renewal Xiaoyan Hu Trust
9 Type III 0 Type III Type II N/A
5410 France Ave N Single Renewal SFR BORROWER 2022-1 LLC 10 Type IV 0 Type IV Type II 0
5431 Logan Ave N Single Renewal
Cosco Property 3 Llc
Met Requirements
4 Type II 0 Type II Type IV N/A
5549 Brooklyn Blvd Single Renewal Western Sky Properties Llc
4 Type II 0 Type II Type I N/A
5724 Logan Ave N Single Renewal Konstantin Ginzburg
5 Type II 0 Type II Type II N/A
5807 Dupont Ave N Single Renewal D & T Properties Llc
1 Type I 0 Type I Type II N/A
6019 Camden Ave N Single Renewal
Inang Ekah
Met Requirements 15 Type IV 0 Type IV Type IV 3
6213 Lee Ave N Single Renewal
Emmanuel Benson
Did not meet requirements 4 Type II 0 Type IV Type IV 3
6430 June Ave N Single Renewal
E B Brewer & D S Brewer
Met Requirements 4 Type II 0 Type II Type III N/A
6445 James Cir N Single Renewal Kaswa Hospitality Inc
3 Type II
8 Calls = Decrease of Two Categories
1/23/23 5th Degreee Drug Possession
3/10/23 Curfew Violation
3/11/23 5th Degree Assault
5/9/23 5th Degree Drug Possession
6/15/23 5th Degree Assault
7/28/23 Curfew Violation
11/27/23 Unlawful possession of a
weapon
11/6/23 Disorderly Conduct Type IV Type I 0
6918 Grimes Ave N Single Renewal Olakunle F Ojo 17 Type IV 0 Type IV Type II 0
7013 Fremont Ave N Single Renewal
Ih2 Property Illinois Lp
Did not meet requirements 6 Type III 0 Type III Type III N/A
7025 Drew Ave N Single Renewal SFR BORROWER 2022-1 LLC
6 Type III 0 Type III Type II N/A
All properties are current on City utilities and property taxes
*CFS = Calls for Service for renewal license 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
C ouncil R egular M eeng
DAT E:2/12/2024
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:X iong Thao, H ous ing and Community S tandards S upervis or
S U B J E C T:Res olu.on D eclaring a P ublic Nuisance and O rdering the A batement of Nuis ance at 3606
U rban Avenue N
Requested Council A con:
- Moon to approve a resoluon ordering the abatement of condions creang a public nuisance property
exisng at 3606 U rban Ave North in the C ity of Brookly n C enter.
B ackground:
S taff is recommending the approval of the s ubject res olu.on or der ing the abatement of the condi.ons
crea.ng a nuis ance property, authorizing the C ity M anager to abate the nuisance. The resolu.on declares
the property a nuis ance building and authorizes the City to abate any junk/furniture/appliances , automo.ve
parts , inoperable vehicles , rubbis h, and brush.
The property at 3606 U rban Av enue N s how s the property is s .ll owned by A nthony Kres el, who is
deceased. The property is currently occupied by Michael Kresel, son of A nthony Kres el.
The following is a brief summary of ac.ons related to this recommended Council ac.on:
· The property has been in and out of compliance w ith city code for exterior s torage of
junk/furniture/appliances , automo.ve parts, inoper able vehicles , r ubbis h, and br us h viola.ons s ince 2016.
A dministra.ve Cita.ons have been is s ued and s pecially as s essed to the property in the past years.
· S taff has offered s ocial s erv ices s upport through H ennepin County mul.ple .mes to M r. Kres el and he
has refused each .me staff has offered. M r. Kresel s tates that he can do it on his ow n but needs .me to
clean up the property.
· O n A ugus t 2 1 , 2023 an ins pec.on of the pr oper ty w as completed during a rou.ne pr oper ty code
ins pec.on sweep and found the pr oper ty in viola.on of city code. S taff spoke w ith the occupant and
informed M r. M ichael Kres el that the j unk needed to be cleaned up otherw is e the C ity may is s ue
A dministra.ve Cita.ons for the ongoing property code viola.ons. Mr. Kresel s tated he understood and w as
w orking on cleaning up the property. A compliance no.ce was sent to the property owner and the property
occupant for the follow ing property code viola.ons: accumula.on of j unk/furniture/appliance and
limita.on on animals .
· A follow up ins pec.on was completed on S eptember 1 9 , 2023 and the pr oper ty s how ed improvement,
how ever, s .ll in v iola.on of city code. S taff spoke w ith M r. Kr es el and informed him that the property w as
s .ll in viola.on of city code and addi.onal cleanup was required. H e s tated he was moving but not sure
w hen he will be moving since his brother w as taking ov er the property. M r. Kresel stated he w as s .ll
w orking on cleaning up the property s .ll. H e was als o infor med that he needed to stop feeding the s tray
cats and to call 911 to have C S O pick up the stray cats.
· A follow up inspec.on w as completed on O ctober 2 , 2 0 2 3 and the property remained in viola.on of
city code. The condi.ons of the property did not improve and appeared to have w orsen from the last
ins pec.on as addi.onal s tuff w as brought to the property. A n A dminis tra.v e Cita.on w as is s ued in the
amount of $1000.00.
· A follow up ins pec.on w as completed on O ctober 2 0 , 2023 and s ome of the items have been removed
off the pr oper ty but the property remained in viola.on of city code. S taff spoke w ith Mr. Kresel and
informed of the viola.ons and Mr. Kres el s tated he is s.ll planning on moving but wai.ng on his finances to
improve before he vacates the property. H e w as again informed not to feed the s tr ay cats. A compliance
no.ce w as sent to the property owner and the property occupant.
· A follow up inspec.on w as completed on November 3, 2023 and the property remained in viola.on.
S taff s poke with M r. Kres el and informed him of the ongoing property code viola.on and the lack of
progres s in cleaning up the property. H e was as ked about the backyard and he s tated the back yard is full of
s tuff as w ell. H e denied acces s to view the backyard.
· A follow up inspec.on w as completed on D ecember 1, 2023 and the property is s .ll in viola.on. S taff
s poke with M r. Kres el and he stated that he will have the property cleaned up by the end of the w eek.
· A follow up inspec.on was completed on D ecember 5 , 2023 and the property remained in viola.on.
The property condi.ons did not improv e and remained the s ame. S taff spoke with Mr. Kres el and he stated
that he w as not feeling w ell and w ill be working on cleaning up the property.
· A follow up ins pec.on w as completed on J anuary 1 2 , 2024 and the property remained in viola.on.
S taff knocked on the door but no one came to the door. The property condi.ons remained the s ame and
there w as no improvement on cleaning up the property. S taff no.ce that there were hous ehold tr as h that
w as being stored outside by the tras h bins . A compliance no.ce w as sent for the ongoing viola.ons.
· A follow up ins pec.on w as completed on J anuary 2 3 , 2024 and the property remained in viola.on.
S taff spoke w ith M r. Kres el and he s tated he was s .ll w ork ing on cleaning up the property and will hav e it
cleaned up by the end of the day. The property condi.ons did not improve from the las t inspec.on. S taff
inquired about the household tr as h, Mr. Kresel s tated that he does not have r es iden.al tras h pickup any
more. S taff advis ed him that he need to have trash service as it is required.
· O n January 26, 2024 staff confirmed w ith X cel E nergy that the pr oper ty does not have electr ical service
to the property.
· O n J anuary 29, 2024 staff posted the property as uninhabitable due to the lack of electrical service.
B udget I ssues:
The es .mated direct cos t of cleaning out the property is $5,000.00 - $8,000.00 depending on disposal and
material costs. A ll associated costs of abatement w ill be the res pons ibility of the ow ner and if unpaid, the
cos ts w ill be specially asses s ed agains t the property.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S afety
AT TA C H M E N TS :
D escrip.on U pload D ate Type
photos 1/29/2024 Cover Memo
Res olu.on 1/29/2024 Cover Memo
Photos dated 10/2/2023
Photos dated 11/6/2023
Photos dated 1/11//2024
Photos dated 1/23//2024
1
Member introduced the following resolution and moved its adoption:
RESOLUTION NO. 2024-
A RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A
PUBLIC NUISANCE PROPERTY EXISTING AT 3606 URBAN AVENUE NORTH
IN THE CITY OF BROOKLYN CENTER
WHEREAS, the property located at 3606 Urban Avenue North, legally described in the
attached Exhibit A, contains a single-family dwelling (the “Subject Property”) and is located in
the city of Brooklyn Center (the “City”) in the R1 – One Family Residence zoning district; and
WHEREAS, according to public records, the Subject Property is owned by Anthony Kresel
(the “Owner”); and
WHEREAS, to the best of the City’s knowledge, Michael Kresel is the sole occupant of
the Subject Property; and
WHEREAS, City staff conducted physical inspections of the Subject Property on
August 21, 2023, September 19, 2023, October 2, 2023, November 3, 2023, December 1, 2023,
December 5, 2023, January 12, 2024, January 23, 2024, January 24, 2024, and January 29, 2024;
and
WHEREAS, on August 21, 2023, October 20, 2023, and January 12, 2024, correction
notices were posted at the Subject Property and were mailed to the Owner, notifying the Owner of
the violations of certain code provisions addressed herein, as well as the steps needed to correct the
conditions and associated deadlines; and
WHEREAS, during each of the aforementioned inspections, staff observed an
accumulation of refuse, rubbish and junk, automotive parts, including an overflowing garbage
dumpster, overflowing bins, junk furniture, full garbage bags, or other junk and debris, in the front
yard/driveway of the Subject Property; and
WHEREAS, on October 3, 2023 and January 23, 2024, an administrative citation was
issued to the Owner and Occupant for the accumulation and storage of garbage and refuse on the
Subject Property; and
WHEREAS, on January 12, 2024, a final compliance notice was issued to the Owner and
Occupant, On January 23, 2024 a physical inspection of the Subject Property revealed that the
accumulation and storage of garbage and refuse had not been removed from the Subject Property;
and
WHEREAS, the City met and spoke with the Occupant on a number of occasions to discuss
the condition of the Subject Property, issued administrative citations to the Owner and Occupant,
and communicated to the Occupant that if he failed to bring the Subject Property into compliance,
the City would institute additional enforcement action; and
2
WHEREAS, sections 7-102 and 7-105 of the Brooklyn Center City Code (the “Code”)
deem it unlawful to store or accumulate any refuse on private property, unless such accumulation
is in a container permitted, and the contents disposed of, under other provisions of the City Code;
and
WHEREAS, section 19-101 of the Code deems it a public nuisance to maintain or permit
a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort,
or repose of any number of members of the public; and
WHEREAS, section 19-103 of the Code deems it a public nuisance to permit or maintain
the accumulation of rubbish and junk on real property; and
WHEREAS, sections 12-301 through 12-306 of the Code impose certain requirements on
the maintenance of personal property and on the storage and disposal of rubbish and garbage; and
WHEREAS, the Owner has not corrected the aforementioned unlawful conditions at the
Subject Property and the City’s deadlines as provided in the letters have passed; and
WHEREAS, pursuant to sections 7-105, 19-105, and 12-1206 of the City Code, the City
Council may order the abatement of certain violations by the City on any premises; and
WHEREAS, the City mailed the Owner 10 days’ written notice indicating that at its
meeting on February 12, 2024, the City Council would consider a resolution deeming the Subject
Property a nuisance and ordering its abatement; and
WHEREAS, based on the information presented, the City Council has decided that the
condition of the Subject Property constitutes a public nuisance and violates local law and,
therefore, should be abated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The City Council adopts, as factual findings, all of the above-listed Recitals, and finds
violations of all code provisions listed herein.
3
2. The condition of the Subject Property constitutes a public nuisance in light of these
violations.
3. Pursuant to its authority under the City Code, City staff is authorized to take necessary
steps to conduct the abatement of the aforementioned violations and assess the costs
thereof against the Subject Property.
February 12, 2024
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
Lot 4, Block 3, Bobendriers Addition, Hennepin County, Minnesota.
C ouncil R egular M eeng
DAT E:2/12/2024
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:Krys,n Eldridge, A s s ociate P lanner
S U B J E C T:Res olu,on A ccep,ng Livable Communi,es D emons tra,on A ccount (L C DA ) F unding G rant
for A C E R's I nnova,on and C atalyst C enter
Requested Council A con:
- Moon to approve a resoluon accepng Livable C ommunies D emonstraon A ccount (LC DA ) funding
grant from M etropolitan C ouncil.
B ackground:
Livable Communi,es A ct (L C A ) grants are aw arded to communi,es that par,cipate in the Livable
Communi,es P rogram in the s even-county metro region. Through four different grant programs , L C A
grants help communi,es achieve development goals that create more housing choice, s upport living wage
job crea,on, and connect jobs, hous ing, and regional ameni,es to create a more equitable region.
Each of the four L C A programs have a different focus.
Livable Communi,es D emons tra,on A ccount (L C DA ) supports development and redevelopment
projects that link housing, jobs and services, and use community and regional infras tructure
efficiently.
L C DA - Transit O riented D evelopment (L C DA -TO D ) grants are focus ed on high density projects that
contribute to a mix of us es in TO D -eligible areas .
The Tax Bas e Revitaliz a,on A ccount (T B R A ) helps clean up contaminated land and buildings for
s ubs equent development. These grants are intended to provide the greatest public benefit for the
money spent, strengthen the local tax base, and create and preserve jobs and/or affordable hous ing.
T B R A has three different funding opportuni,es : C ontamina,on Cleanup, S ite I nves ,ga,on, and
S E E D.
The L ocal H ous ing I ncen,ves A ccount (L H I A ) helps expand and preserve lifecycle and affordable
hous ing, both rented and ow ned. L H I A applica,ons are submi@ed through the Minnes ota H ous ing
S uper R F P, as opposed to directly to M et C ouncil.
A C E R and I gnite Busines s w omen I nvestment G roup (I B W I G ) have purchas ed S hingle C reek Center and will
relocate their headquarters into S hingle Creek C enter. G rant funds will be us ed to renovate tw o commercial
units and to transform another unit into a food hall concept. A C E R and C O PA L , an organiza,on with strong
,es to the L a,no community, will partner to provide w orkforce development programming and an
entrepreneurial co-w orking space, as well as a w orks hop/training s pace.
Metropolitan Council has approved $600,000 to A C E R, to be administered by C ity staff with reimbursement
of exhaus ted funds for dates between D ecember 13, 2023, and D ecember 31, 2026.
B udget I ssues:
None to cons ider at this ,me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
The M etropolitan C ouncil has developed new s coring criteria, which heavily focuses on equity and an,-
racis t outcomes for projects w hich are to receive funding. Criteria includes demons trated outreach to
impacted and underrepres ented communi,es , iden,fica,on of specific res iden,al and/or w orkforce
development community needs addressed by the project, project teams w hich reflect and are responsive to
thos e mos t impacted by the project.
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing, Community Centered
AT TA C H M E N TS :
D escrip,on U pload D ate Type
L C DA D evelopment G rant A greement - A C E R I nnova,on and
C atalyst C enter 1/25/2024 Backup M aterial
Res olu,on A ccep,ng Livable Communi,es D emons tra,on
A ccount (L C DA ) F unding G rant for A C E R's I nnova,on and
C atalyst C enter
1/29/2024 Resolu,on Le@er
Res olu,on I den,fying Need- A C E R 2023-72 2/5/2024 Backup M aterial
A pplica,on 2/5/2024 Backup M aterial
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 1 of 12
SG-19786 revised 12/27/23
GRANTEE: City of Brooklyn Center GRANT NO. SG-19786
PROJECT: Innovation and Catalyst Center
GRANT AMOUNT: $600,000.00 CYCLE: 2023
COUNCIL ACTION: December 13, 2023 EXPIRATION DATE: December 31, 2026
METROPOLITAN LIVABLE COMMUNITIES ACT
GRANT AGREEMENT
THIS GRANT AGREEMENT (“Agreement”) is made and entered into by the Metropolitan Council
(“Council”) and the Municipality, County, or Development Authority identified above as “Grantee.”
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act (“LCA”) and the policies of the Council’s Metropolitan Development
Guide; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan
Livable Communities Fund a Livable Communities Demonstration Account and require the Council
to use the funds in the account to make grants or loans to municipalities participating in the Local
Housing Incentives Account Program under Minnesota Statutes section 473.254 or to Counties or
Development Authorities to fund the initiatives specified in Minnesota Statutes section 473.25(b) in
Participating Municipalities; and
WHEREAS, the Grantee is a Municipality participating in the Local Housing Incentives Account
program under Minnesota Statutes section 473.254, a County, or a Development Authority; and
WHEREAS, the Grantee seeks funding in connection with an application for Livable Communities
Demonstration Account grant program funds submitted in response to the Council’s notice of
availability of grant funds for the “Funding Cycle” identified above and will use the grant funds made
available under this Agreement to help fund the “Project” identified in the application; and
WHEREAS, the Council awarded Livable Communities Demonstration Account grant program
funds to the Grantee subject to any terms, conditions, and clarifications stated in its Council Action,
and with the understanding that the Project identified in the application will proceed to completion in
a timely manner, all grant funds will be expended prior to the “Expiration Date” identified above and
Project construction will have “commenced” before the Expiration Date.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual
promises and covenants contained in this Agreement, the Grantee and the Council agree as follows:
I. DEFINITIONS
1.01. Definition of Terms. The terms defined in this Section have the meanings given them in this
Section unless otherwise provided or indicated by the context.
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 2 of 12
SG-19786 revised 12/27/23
(a) Commenced. For the purposes of Sections 2.08 and 5.03, “commenced” means significant
physical improvements have occurred in furtherance of the Project (e.g., a foundation is being
constructed or other tangible work on a structure has been initiated). In the absence of
significant physical improvements, visible staking, engineering, land surveying, soil testing,
cleanup site investigation, or pollution cleanup activities are not evidence of Project
commencement for the purposes of this Agreement.
(b) Council Action. “Council Action” means the action or decision of the governing body of the
Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by which
the Grantee was awarded Livable Communities Demonstration Account funds.
(c) County. “County” means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington
Counties.
(d) Development Authority. “Development Authority” means a statutory or home rule charter
city, a housing and redevelopment authority, an economic development authority, or a port
authority in the Metropolitan Area.
(e) Metropolitan Area. “Metropolitan Area” means the seven-county metropolitan area as defined
by Minnesota Statutes section 473.121, subdivision 2.
(f) Municipality. “Municipality” means a statutory or home rule charter city or town
participating in the Local Housing Incentives Account Program under Minnesota Statutes
section 473.254.
(g) Participating Municipality. “Participating Municipality” means a statutory or home rule
charter city or town which has elected to participate in the Local Housing Incentive Account
program and negotiated affordable and life-cycle housing goals for the Municipality pursuant
to Minnesota Statutes section 473.254.
(h) Project. Unless clearly indicated otherwise by the context of a specific provision in this
Agreement, “Project” means the development or redevelopment project identified in the
application for Demonstration Account funds for which grant funds were requested that
through its design and execution will deliver benefits such as housing, connections, and jobs
to the region. Grant-funded activities typically are components of the Project.
II. GRANT FUNDS
2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are
from the Livable Communities Demonstration Account of the Metropolitan Livable Communities
Fund. The grant funds are derived from the property tax authorized by Minnesota Statutes
section 473.253, subdivision 1 and are not from State or federal sources.
2.02 Grant Amount. The Council will grant to the Grantee the “Grant Amount” identified at Page 1
of this Agreement. The Council’s obligation to reimburse the Grantee for eligible grant-funded
expenditures shall not exceed the Grant Amount. Notwithstanding any other provision of this Agreement,
the Grantee understands and agrees that any reduction or termination of Livable Communities
Demonstration Account grant funds made available to the Council may result in a like reduction in the
Grant Amount made available to the Grantee.
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 3 of 12
SG-19786 revised 12/27/23
2.03. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under
this Agreement shall be used only for the purposes and activities described in the application for
Livable Communities Demonstration Account grant funds. The grant funds may be used for
reimbursement of real estate acquisition costs if: (a) the property was purchased within the
twelve-month period preceding the date by which the LCDA Development grant program applications
for the Funding Cycle were due; (b) the real estate was purchased by the Grantee or by a not-for-profit
or a socially responsible developer; and (c) the Project will lead to the development of affordable
housing or will result in jobs retained, created, or made more accessible to low-income and underserved
populations, including opportunities for entrepreneurship. Property holding costs are an eligible use of
grant funds but may not exceed five percent (5%) of the amount of the grant funds awarded for property
acquisition or $100,000, whichever is less. A Project summary that describes eligible uses of the grant
funds as approved by the Council is attached to and incorporated into this Agreement as Attachment A.
Aerial photography or drawings that identify the specific location(s) within the Project boundaries for
which grant funds must be used is attached to and incorporated into this Agreement as Attachment B.
Grant funds must be used to fund the initiatives specified in Minnesota Statutes section 473.25(b), in a
Participating Municipality.
2.04. Ineligible Uses. Grant funds must be used for costs directly associated with the Project activities
for which the Council awarded grant funds and shall not be used for “soft costs” such as: administrative
overhead; travel expenses; legal fees; insurance; bonds; permits, licenses, or authorization fees; costs
associated with preparing grant proposals; operating expenses; planning costs, including comprehensive
planning costs; and prorated lease and salary costs. Except as provided in Section 2.03, grant funds
may not be used for costs of Project activities that occurred prior to the Council Action, unless
specifically included in the Project Summary or otherwise approved by Council Action. A detailed list
of ineligible and eligible costs is available from the Council’s Livable Communities program office.
Except for reimbursement for real estate acquisition and holding costs as provided in Section 2.03, grant
funds also shall not be used by the Grantee or others to supplant or replace: (a) grant or loan funds
obtained for the Project from other sources; or (b) Grantee contributions to the Project, including
financial assistance, real property or other resources of the Grantee; or (c) funding or budgetary
commitments made by the Grantee or others prior to the Council Action, unless specifically authorized
in Attachment A. The Council shall bear no responsibility for cost overruns which may be incurred by
the Grantee or others in the implementation or performance of the Project activities. The Grantee
agrees to comply with any “business subsidy” requirements of Minnesota Statutes sections 116J.993
to 116J.995 that apply to the Grantee’s expenditures or uses of the grant funds.
2.05. Loans for Low-Income Housing Tax Credit Projects. If consistent with the application and
the Project activities described or identified in Attachments A and B or if requested in writing by the
Grantee, the Grantee may structure the grant assistance to the Project as a loan so the Project Owner
can take advantage of federal and state low-income housing tax credit programs. The Grantee may use
the grant funds as a loan for a low-income housing tax credit project, subject to the terms and conditions
stated in Sections 2.03 and 2.04 and the following additional terms and conditions:
(a) The Grantee covenants and represents to the Council that the Project is a rental housing project
that received or will receive an award of low-income housing tax credits under Section 42 of
the Internal Revenue Code of 1986, as amended, and the low-income housing tax credit program
administered by the Minnesota Housing Finance Agency or a program administered by the
Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency
that sub-allocates low-income housing tax credits in the Metropolitan Area.
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 4 of 12
SG-19786 revised 12/27/23
(b) The Grantee will execute a loan agreement with the Project Owner. Prior to disbursing any
grant funds for the Project, the Grantee will provide to the Council a copy of the loan agreement
between the Grantee and the Project Owner.
(c) The Grantee will submit annual written reports to the Council that certify: (1) the grant funds
continue to be used for the Project for which the grant funds were awarded; and (2) the Project
is a “qualified low-income housing project” under Section 42 of the Internal Revenue Code
of 1986, as amended. This annual reporting requirement is in addition to the reporting
requirements stated in Section 4.03. Notwithstanding the Expiration Date identified at Page 1
of this Agreement and referenced in Section 5.01, the Grantee will submit the annual
certification reports during the initial “compliance period” and any “extended use period,” or
until such time as the Council terminates this annual reporting requirement by written notice to
the Grantee.
(d) The grant funds made available to the Grantee and disbursed to the Project Owner by the
Grantee in the form of a loan may be used only for the grant-eligible activities and Project
components for which the Grantee was awarded the grant funds. For the purposes of this
Agreement, the term “Project Owner” means the current Project Owner and any Project Owner
successor(s).
(e) Pursuant to Section 2.04, the grant funds made available to the Grantee and disbursed to the
Project Owner in the form of a loan shall not be used by the Grantee, the Project Owner, or
others to supplant or replace: (1) grant or loan funds obtained for the Project from other sources;
or (2) Grantee contributions to the Project, including financial assistance, real property, or other
resources of the Grantee; or (3) funding or budgetary commitments made by the Grantee or
others prior to the Council Action, unless specifically authorized in Attachment A. The Council
will not make the grant funds available to the Grantee in a lump sum payment, but will disburse
the grant funds to the Grantee on a reimbursement basis pursuant to Section 2.11.
(f) By executing this Agreement, the Grantee: (1) acknowledges that the Council expects the loan
will be repaid so the grant funds may be used to help fund other activities consistent with the
requirements of the Metropolitan Livable Communities Act; (2) covenants, represents, and
warrants to the Council that the Grantee’s loan to the Project Owner will meet all applicable
low-income housing tax credit program requirements under Section 42 of the Internal Revenue
Code of 1986, as amended (the “Code”), and the low-income housing tax credit program
administered by the Minnesota Housing Finance Agency or a program administered by the
Minneapolis/Saint Paul Housing Finance Board or another designated housing credit agency
that sub-allocates low-income housing tax credits in the Metropolitan Area; and (3) agrees to
administer its loan to the Project Owner consistent with federal and state low-income housing
tax credit program requirements.
(g) The Grantee will, at its own expense, use diligent efforts to recover loan proceeds: (1) when the
Project Owner becomes obligated to repay the Grantee’s loan or defaults on the Grantee’s loan;
(2) when the initial thirty-year “compliance period” expires, unless the Council agrees in writing
that the Grantee may make the grant funds available as a loan to the Project Owner for an
“extended use period”; and (3) if noncompliance with low-income housing tax credit program
requirements or some other event triggers the Project Owner’s repayment obligations under its
loan agreement with the Grantee. The Grantee must repay to the Council all loan repayment
amounts the Grantee receives from the Project Owner. The Grantee shall not be obligated to
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 5 of 12
SG-19786 revised 12/27/23
repay the grant funds to the Council except to the extent the Project Owner repays its loan to the
Grantee, provided the Grantee has exercised the reasonable degree of diligence and used
administrative and legal remedies a reasonable and prudent housing finance agency would use
to obtain payment on a loan, taking into consideration (if applicable) the subordinated nature of
the loan. At its discretion, the Council may: (1) permit the Grantee to use the loan repayment
from the Project Owner to continue supporting affordable housing components of the Project;
or (2) require the Grantee to remit the grant funds to the Council.
(h) If the Grantee earns any interest or other income from its loan agreement with the Project Owner,
the Grantee will: (1) use the interest earnings or income only for the purposes of implementing
the Project activities for which the grant was awarded; or (2) remit the interest earnings or
income to the Council. The Grantee is not obligated to earn any interest or other income from
its loan agreement with the Project Owner, except to the extent required by any applicable law.
2.06. Revolving Loans. If consistent with the application and the Project summary or if requested in
writing by the Grantee, the Grantee may use the grant funds to make deferred loans (loans made without
interest or periodic payments), revolving loans (loans made with interest and periodic payments), or
otherwise make the grant funds available on a “revolving” basis for the purposes of implementing the
Project activities described or identified in Attachments A and B. The Grantee will submit annual
written reports to the Council that report on the uses of the grant funds. The form and content of the
report will be determined by the Council. This annual reporting requirement is in addition to the
reporting requirements stated in Section 4.03. Notwithstanding the Expiration Date identified at Page 1
of this Agreement and referenced in Section 5.01, the Grantee will submit the annual reports until the
deferred or revolving loan programs terminate, or until such time as the Council terminates this annual
reporting requirement by written notice to the Grantee. At its discretion, the Council may: (a) permit
the Grantee to use loan repayments to continue supporting affordable housing components of the
Project; or (b) require the Grantee to remit the grant funds to the Council.
2.07. Restrictions on Loans or Grants to Subrecipients. The Grantee shall not permit any
subgrantee, subrecipient, or contractor to use the grant funds for loans or grants to any subrecipient
at any tier unless the Grantee obtains the prior written consent of the Council. The requirements of
this Section 2.07 shall be included in all subgrants, subrecipient agreements, and contracts.
2.08. Project Commencement and Changes. The Project for which grant funds were requested
must be “commenced” prior to the Expiration Date. If the grant funds will be used only for land
acquisition and holding costs as authorized by Section 2.03 and will not be used for any other
grant-eligible activities, the property acquired for the Project must be purchased prior to the
Expiration Date. The Grantee must promptly inform the Council in writing of any significant changes
to the Project for which the grant funds were awarded, as well as any potential changes to the grant-
funded activities described or identified in Attachments A and B. Failure to inform the Council of
any significant changes to the Project or significant changes to grant-funded components of the
Project, and use of grant funds for ineligible or unauthorized purposes, will jeopardize the Grantee’s
eligibility for future LCA awards. Grant funds will not be disbursed prior to Council approval of
significant changes to either the Project or to grant-funded activities described or identified in
Attachments A and B.
2.09. Budget Variance. The Grantee may reallocate up to twenty percent (20%) of the Grant
Amount among the grant-funded activities, provided: (a) the grant funds may be used only for Project
activities for which the Council awarded the grant funds; (b) the reallocation does not significantly
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 6 of 12
SG-19786 revised 12/27/23
change the Project deliverables; and (c) the Grantee receives written permission from Council staff
prior to reallocating any grant funds. Council staff may administratively approve budget reallocation
requests that exceed twenty percent (20%) of the Grant Amount only if the reallocation does not
significantly change the Project deliverables. Notwithstanding the aggregate or net effect of any
variances, the Council’s obligation to provide grant funds under this Agreement shall not exceed the
Grant Amount identified at Page 1 of this Agreement.
2.10. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any
unspent grant funds, including any grant funds that are not expended prior to the Expiration Date
identified at Page 1 of this Agreement; any grant funds that are not used for the authorized purposes;
and any interest earnings described in Section 2.12 that are not used for the purposes of implementing
the grant-funded Project activities described or identified in Attachments A and B. For the purposes
of this Agreement, grant funds are “expended” prior to the Expiration Date if the Grantee pays or is
obligated to pay for expenses of eligible grant-funded Project activities that occurred prior to the
Expiration Date and the eligible expenses were incurred prior to the Expiration Date. Unspent or
unused grant funds and other funds remitted to the Council shall revert to the Council’s Livable
Communities Demonstration Account for distribution through application processes in future Funding
Cycles or as otherwise permitted by law.
2.11. Payment Request Forms, Documentation, and Disbursements. The Council will disburse
grant funds in response to payment requests submitted by the Grantee through the Council’s online
grant management system and reviewed and approved by the Council’s authorized agent. Payment
requests shall be made using payment request forms, the form and content of which will be determined
by the Council. Payment request and other reporting forms will be provided to the Grantee by the
Council. The Council will disburse grant funds on a reimbursement basis or a “cost incurred” basis.
To obtain reimbursement under this Agreement, the Grantee shall provide the Council with evidence
that the eligible grant-funded Project activities (or a portion thereof) for which reimbursement has been
requested have been satisfactorily completed. The Grantee shall describe the grant-eligible activities
for which reimbursement is requested and shall provide sufficient documentation of grant-eligible
expenditures, invoices and payment documents, and such other information as the Council reasonably
requests. The Council will make the final determination whether the expenditures are eligible for
reimbursement under this Agreement, and verify the total amount requested from the Council.
Reimbursement of any costs does not constitute a waiver by the Council of any Grantee noncompliance
with this Agreement. Payment requests must include the following documentation:
Consultant/contractor invoices showing the time period covered by the invoice; the
specific grant-funded Project activities conducted or completed during the authorized
time period within which eligible costs may be incurred; and documentation supporting
expenses including subcontractor and consultant invoices showing unit rates,
quantities, and a description of the goods or services provided. Subcontractor markups
shall not exceed ten percent (10%).
The Council shall disburse grant funds for all grant-eligible expenditures within thirty-five (35) days of
the receipt of satisfactory documentation from the Grantee. NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION 2.11, THE COUNCIL WILL NOT DISBURSE ANY
GRANT FUNDS TO THE GRANTEE UNLESS THE GRANTEE (OR PARTICIPATING
MUNICIPALITY) HAS ADOPTED A FAIR HOUSING POLICY AS REQUIRED BY
SECTION 3.04.
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 7 of 12
SG-19786 revised 12/27/23
2.12. Interest Earnings. If the Grantee earns any interest or other income from the grant funds
received from the Council under this Agreement, the Grantee will use the interest earnings or income
only for the purposes of implementing the Project activities described or identified in Attachments A
and B.
2.13. Effect of Grant. Issuance of this Grant neither implies any Council responsibility for
contamination, if any, at the Project site nor imposes any obligation on the Council to participate in
any pollution cleanup of the Project site if such cleanup is undertaken or required.
III. AFFORDABILITY; AFFIRMATIVE FAIR HOUSING
3.01. Affordability Term. If the Project for which the grant funds were awarded includes
affordable housing units, the Grantee shall, through written instruments or otherwise, ensure the
affordable units will remain affordable for a minimum period of fifteen (15) years. The Grantee’s
obligation under this Section may be satisfied if other Project funding sources (e.g., the Minnesota
Housing Finance Agency or the U.S. Department of Housing and Urban Development (“HUD”)) or
state or federal laws (e.g., low-income housing tax credit programs) require an affordability term of
at least fifteen (15) years. For the purposes of this Section, “affordable housing unit” means a unit
that is affordable to households at sixty percent (60%) or less of the Area Median Income (“AMI”),
as established by HUD, unless the Grantee’s application stated an affordability standard lower than
sixty percent (60%) of AMI, in which case the Grantee’s lower affordability standard shall apply.
The affordability requirements of this Section shall survive the expiration or termination of this
Agreement.
3.02. Affirmative Fair Housing Marketing Plans. If the Project for which the grant funds were
awarded is a housing project or includes housing units (whether market rate or affordable), the
Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent
owner(s)) adopts and implements an affirmative fair housing marketing plan for Project housing units.
For the purposes of this section, “affirmative fair housing marketing plan” means an affirmative fair
housing marketing plan that substantially conforms to affirmative fair housing marketing plans
published by the U.S. Department of Housing and Urban Development (“HUD”), or sample
affirmative fair housing marketing plans published by the Minnesota Housing Finance Agency. The
affirmative fair housing marketing plan requirement under this section shall continue for the
minimum affordability term specified in Section 3.01 and shall survive the expiration or termination
of this Agreement.
3.03. Section 8 Housing Choice Vouchers. If the Project is a housing project, or includes housing
units (whether market rate or affordable), and the Grantee stated in its application that the Project
housing units would be made available to households participating in the federal Housing Choice
Voucher program, the Grantee shall, through written instruments or otherwise, ensure the Project
owner (and any subsequent owner(s)) adopts and implements a policy under which the Project owner
will not refuse to lease Project units to households or individuals participating in the Housing Choice
Voucher program because those households or individuals are Housing Choice Voucher program
participants. The Housing Choice Voucher requirement under this section shall continue for the
minimum affordability term specified in Section 3.01 and shall survive the expiration or termination
of this Agreement.
3.04. Fair Housing Policy. If the Project will include a housing component, the Grantee (or
participating Municipality) must have adopted a Fair Housing Policy. For the purposes of this section,
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 8 of 12
SG-19786 revised 12/27/23
the term “Fair Housing Policy” means a written statement regarding the Grantee’s (or participating
Municipality’s) commitment to fair housing that substantively includes at least the following
elements: a purpose statement; procedures for responding to fair housing concerns and complaints;
and a designated individual or staff position responsible for fair housing issues. A best practices
guide, as well as a copy of a model local fair housing policy is available at:
https://metrocouncil.org/Handbook/Files/Resources/Best-Practices/Fair-Housing-Policy-
Guide.aspx.
IV. ACCOUNTING, AUDIT, AND REPORT REQUIREMENTS
4.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and
complete accounts and records relating to the receipt and expenditure of all grant funds received from
the Council. Notwithstanding the expiration and termination provisions of Sections 5.01 and 5.02,
such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years
following the completion of the Project activities described or identified in Attachments A and B or
six (6) years following the expenditure of the grant funds, whichever occurs earlier. Accounting
methods shall be in accordance with generally accepted accounting principles.
4.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner
as all other accounts and records of the Grantee are audited and may be audited or inspected on the
Grantee’s premises or otherwise by individuals or organizations designated and authorized by the
Council at any time, following reasonable notification to the Grantee, for a period of six (6) years
following the completion of the Project activities or six (6) years following the expenditure of the
grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5,
the books, records, documents, and accounting procedures and practices of the Grantee that are
relevant to this Agreement are subject to examination by the Council and either the Legislative
Auditor or the State Auditor, as appropriate, for a minimum of six (6) years.
4.03. Report Requirements. The Grantee will report to the Council on a semi-annual basis by
January 31 (for the period of July 1 through December 31) and July 31 (for the period January 1
through June 30) of each calendar year during the term of this Agreement. The Grantee reports shall
describe the status of the Project activities described or identified in Attachments A and B. The report
shall also describe the Project spending for the current reporting period and projected spending for
the future reporting periods. The Grantee also must complete and submit to the Council a Final Report
before the final disbursement of grant funds will be approved. The form and content of the semi-
annual status reports and the Final Report will be determined by the Council. These reporting
requirements and the reporting requirements of Sections 2.05 and 2.06 shall survive the expiration or
termination of this Agreement.
4.04. Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site
Assessment or other environmental review has been or will be carried out, if such environmental
assessment or review is appropriate for the scope and nature of the Project activities funded by this
Grant, and that any environmental issues have been or will be adequately addressed.
V. AGREEMENT TERM
5.01 Term and Close Out. This Agreement is effective upon execution of this Agreement by the
Council. Unless terminated pursuant to Section 5.02, this Agreement expires on the Expiration Date
identified at Page 1 of this Agreement. Failure of the Grantee to timely execute this Agreement does
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 9 of 12
SG-19786 revised 12/27/23
not extend the Expiration Date. The Grantee has 120 calendar days after the Expiration Date to
provide documentation and information necessary to close out this Agreement and receive
disbursements for eligible grant-funded Project activities as prescribed in Section 2.03. If the Grantee
fails to provide necessary documentation and information during this 120-day close out period, the
Grantee shall not be eligible to receive any unpaid grant funds and the Council will not disburse any
unpaid grant funds to the Grantee. This 120-day close out period does not extend any Grantee
reporting deadlines established in this Agreement or authorize the Grantee to expend or commit any
grant funds after the Expiration Date.
5.02. Termination. This Agreement may be terminated by the Council for cause at any time upon
fourteen (14) calendar days’ written notice to the Grantee. Cause shall mean a material breach of this
Agreement and any amendments of this Agreement. If this Agreement is terminated prior to the
Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project activities
described or identified in Attachments A and B that have been completed prior to the termination.
Termination of this Agreement does not alter the Council’s authority to recover grant funds on the
basis of a later audit or other review, and does not alter the Grantee’s obligation to return any grant
funds due to the Council as a result of later audits or corrections. If the Council determines the
Grantee has failed to comply with the terms and conditions of this Agreement and the applicable
provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect
the Council’s interests and may refuse to disburse additional grant funds and may require the Grantee
to return all or part of the grant funds already disbursed.
5.03. Amendments and Extension. The Council and the Grantee may amend this Agreement by
mutual agreement. Amendments or an extension of this Agreement shall be effective only on the
execution of written amendments signed by authorized representatives of the Council and the Grantee.
If the Grantee needs a change to the Project, additional time within which to complete the grant-funded
activities and commence the Project, a change in the budget, or a change in grant-funded activities the
Grantee must submit to the Council AT LEAST NINETY (90) CALENDAR DAYS PRIOR TO
THE EXPIRATION DATE, a complete, written amendment request. All requirements must be met
for a request to be considered complete. THE EXPIRATION DATE MAY BE EXTENDED, BUT
THE PERIOD OF ANY EXTENSION(S) SHALL NOT EXCEED TWO (2) YEARS BEYOND
THE ORIGINAL EXPIRATION DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT.
VI. GENERAL PROVISIONS
6.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex, gender identity,
marital status, status with regard to public assistance, familial status, membership or activity in a local
civil rights commission, disability, sexual orientation, or age and will take affirmative action to insure
applicants and employees are treated equally with respect to all aspects of employment, rates of pay
and other forms of compensation, and selection for training.
6.02. Conflict of Interest. The members, officers, and employees of the Grantee shall comply with
all applicable state statutory and regulatory conflict of interest laws and provisions.
6.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest
extent permitted by law, the Grantee shall defend, indemnify, and hold harmless the Council and its
members, employees, and agents from and against all claims, damages, losses, and expenses, including
but not limited to attorneys’ fees, arising out of or resulting from the conduct or implementation of
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 10 of 12
SG-19786 revised 12/27/23
the Project activities funded by this grant, except to the extent the claims, damages, losses, and
expenses arise from the Council’s own negligence. Claims included in this indemnification include,
without limitation, any claims asserted pursuant to the Minnesota Environmental Response and
Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code,
Title 42, sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976
(RCRA) as amended, United States Code, title 42, sections 6901 et seq. This obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which
otherwise would exist between the Council and the Grantee. The provisions of this Section shall
survive the expiration or termination of this Agreement. This indemnification shall not be construed
as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability
provided by Minnesota Statutes chapter 466, or other applicable state or federal law.
6.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports, and publications relating to
the Project. The acknowledgment will contain the following or comparable language:
Financing for this project was provided by the Metropolitan Council
Metropolitan Livable Communities Fund
Until the Project is completed, the Grantee shall ensure the above acknowledgment language, or
alternative language approved by the Council’s authorized agent, is included on all signs (if any)
located at Project or construction sites that identify Project funding partners or entities providing
financial support for the Project. The acknowledgment and signage should refer to the “Metropolitan
Council” (not “Met Council” or “Metro Council”).
6.05. Permits, Bonds, and Approvals. The Council assumes no responsibility for obtaining any
applicable local, state, or federal licenses, permits, bonds, authorizations, or approvals necessary to perform
or complete the Project activities described or identified in Attachments A and B. The Grantee and its
developer(s), if any, must comply with all applicable licensing, permitting, bonding, authorization, and
approval requirements of federal, state, local governmental, and regulatory agencies, including
conservation districts.
6.06. Subgrantees, Contractors, and Subcontractors. The Grantee shall include in any subgrant,
contract, or subcontract for Project activities appropriate provisions to ensure subgrantee, contractor,
and subcontractor compliance with all applicable state and federal laws and this Agreement. Along
with such provisions, the Grantee shall require that contractors and subcontractors performing work
covered by this Grant obtain all required permits, licenses and certifications, and comply with all
applicable state and federal Occupational Safety and Health Act regulations. If the Project for which
the grant funds were awarded includes affordable units, the Grantee’s subgrant agreement(s) shall
expressly include the affordability and affirmative fair housing marketing plan requirements of
Sections 3.01 and 3.02.
6.07 Stormwater Discharge and Water Management Plan Requirements. If any grant funds
are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require
to be met all applicable requirements of:
(a) Federal and state laws relating to stormwater discharges including, without limitation, any
applicable requirements of Code of Federal Regulations, title 40, parts 122 and 123; and
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 11 of 12
SG-19786 revised 12/27/23
(b) The Council’s 2040 Water Resources Policy Plan and the local water management plan for the
jurisdiction within which the redevelopment site is located.
6.08. Authorized Agent. Payment request forms, written reports, and correspondence submitted
to the Council pursuant to this Agreement shall be directed to the Authorized Agent named below
or their successor through the Council’s online grants administration portal or to the below contact
information:
Attn: Samuel F. Johnson
Metropolitan Council
CD & MTS Finance and Administration
390 Robert Street North
Saint Paul, Minnesota 55101-1805
samuel.johnson@metc.state.mn.us
6.09. Non-Assignment. Minnesota Statutes section 473.253, subdivision 2 requires the Council to
distribute grant funds to eligible “municipalities,” metropolitan-area counties, or “development
authorities” for projects in municipalities participating in the Local Housing Incentives Account
program. Accordingly, this Agreement is not assignable and shall not be assigned by the Grantee.
6.10. Authorization to Reproduce Images. The Grantee certifies that the Grantee: (a) is the
owner of any renderings, images, perspectives, sections, diagrams, photographs, or other
copyrightable materials (collectively, “copyrightable materials”) that are in the Grantee’s application
or are submitted to the Council as part of the grant application review process or after grant award, or
that the Grantee is fully authorized to grant permissions regarding the copyrightable materials; and
(b) the copyrightable materials do not infringe upon the copyrights of others. The Grantee agrees the
Council has a nonexclusive royalty-free license and all necessary permissions to reproduce and
publish the copyrightable materials for noncommercial purposes, including but not limited to press
releases, presentations, reports, and on the internet. The Grantee also agrees the Grantee will not hold
the Council responsible for the unauthorized use of the copyrightable materials by third parties.
6.11. Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the
Grantee and on behalf of the Council represent and warrant on the Grantee’s and the Council’s behalf
respectively that the individuals are duly authorized to execute this Agreement on the Grantee’s and
the Council’s behalf respectively and that this Agreement constitutes the Grantee’s and the Council’s
valid, binding, and enforceable agreements.
6.12. Counterparts. This Agreement may be executed in counterpart, each of which counterpart
constitutes an original, but both of which together constitute one instrument.
6.13. Electronic Signatures. The electronic signatures of the Council’s and the Grantee’s
authorized representatives shall be valid as an original signature of the authorized representatives and
shall be effective to bind the Council and the Grantee under this Agreement. This Agreement
containing, or to which there is affixed, an electronic signature shall be deemed to: (a) be “written”
or “in writing”; (b) have been signed; and (c) constitute a record established and maintained in the
ordinary course of business and an original written record when printed from electronic files.
“Electronic signature” also means a manually signed original signature that is then transmitted by any
electronic means, including without limitation a faxed version of an original signature or an
DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGAM
Page 12 of 12
SG-19786 revised 12/27/23
electronically scanned and transmitted version (e.g., via PDF) of an original signature. The Council’s
or the Grantee’s failure to produce the original signature of any electronically transmitted signature
shall not affect the enforceability of this Agreement.
IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed
by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.
CITY OF BROOKLYN CENTER METROPOLITAN COUNCIL
By: _____________________________________ By: ___________________________________
LisaBeth Barajas, Executive Director
Title: ___________________________________ Community Development Division
Date: ___________________________________ Date: __________________________________
By: _____________________________________
Title: ___________________________________
Date: ___________________________________
By: _____________________________________
Title: ___________________________________
Date: ___________________________________
By: _____________________________________
Title: ___________________________________
Date: ___________________________________
Approved as to form:
By: _____________________________________
City Attorney’s Office
Date: ___________________________________
ATTACHMENT A
PROJECT SUMMARY
This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the
Project identified in the application for Livable Communities Demonstration Account grant funds
submitted in response to the Council’s notice of availability of Demonstration Account grant funds
for the Funding Cycle identified at Page 1 of this Agreement. The summary reflects the proposed
Project for which the Grantee was awarded grant funds by the Council Action, and may reflect
changes in Project funding sources, changes in funding amounts, or minor changes in the proposed
Project that occurred subsequent to application submission. The application is incorporated into this
Agreement by reference and is made a part of this Agreement as follows. If the application or any
provision of the application conflicts with or is inconsistent with the Council Action, other provisions
of this Agreement, or the Project summary contained in this Attachment A, the terms, descriptions
and dollar amounts reflected in the Council Action or contained in this Agreement and the Project
summary shall prevail. For the purposes of resolving conflicts or inconsistencies, the order of
precedence is: (1) the Council Action; (2) this Agreement; (3) the Project summary; and (4) the grant
application.
Livable Communities Project Summary
Grant # SG-19786
Type: LCDA Development
Applicant: City of Brooklyn Center
Project Name: Innovation and Catalyst Center
Project Location: 6000 & 6050 Shingle Creek Parkway
Council District: 8 – Cameron
Project Detail
Project Overview
This full project seeks to create an Innovation and Catalyst Center and sustain
an existing majority BIPOC strip mall/shopping center in Brooklyn Center. ACER
and Ignite Businesswomen Investment Group Cooperative (IBWIG) have
purchased the site to become the 100% owners of Shingle Creek Center, an
operating strip mall which is occupied by majority BIPOC and Immigrant owned
small businesses. The Center will hold business incubation space and have
economic development programming.
Total Jobs 93
Job Type 61 full time | 32 part time
Total housing units 0
Affordable units N/A
Anticipated # bedrooms N/A
Comments/
Demonstration value
• The project includes workforce training and the opportunity for wealth
building for participants.
• Support small business primarily owned by residents of color and immigrant
business owners.
Funding
Other LCA funding None
Use of Funds
$600,000.00 Total
$600,000.00 Activity: Preservation and Rehab
Deliverable: Final renovation of the business center.
ATTACHMENT B
PROJECT LOCATION(S)
This attachment comprises this page and the succeeding page(s) which contain aerial photography or
drawings that identify the specific location(s) within the Project boundaries for which the Grantee must
use the grant funds. The attached photography or drawings also may identify the types of eligible
activities for which the grant funds must be used at specific locations within the Project boundaries.
Project Location(s)
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR LIVABLE
COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT DEVELOPMENT FUNDING AND AUTHORIZING
ACCEPTANCE OF GRANT FUNDS FOR ACER INNOVATION &
CATALYST CENTER
WHEREAS, the City of Brooklyn Center, Minnesota was a participant in the
Livable Communities Act (“LCA”) Local Housing Incentives Account Program for 2023, as
determined by the Metropolitan Council, and was therefore eligible to apply for Livable
Communities Demonstration Account (“LCDA”) funds; and
WHEREAS, only a limited amount of grant funding is available through the
Metropolitan Council’s LCA initiatives during each funding cycle and the Metropolita n Council
has determined it is appropriate to allocate those scarce grant funds only to eligible projects that
would not occur without the availability of LCA grant funding; and
WHEREAS, the City has identified proposed projects within the City that meet
LCDA purposes and criteria and the proposal submitted by ACER Innovation and Catalyst Center
for a project located at 6000 & 6050 Shingle Creek Parkway is consistent with and promotes the
purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan
Council’s adopted metropolitan development guide; and
WHEREAS, the City has traditionally supported grant applications by agreeing to
act as legal sponsor for the project; and
WHEREAS, the City Council of the City of Brooklyn Center, Minnesota formally
identified the need for Livable Communities Demonstration Account funding and authorized City
staff to submit on behalf of the City an application to said account for ACER’s Innovation and
Catalyst Center on July 10, 2023 and under City Council Resolution No. 2023-72; and,
WHEREAS, the City-supported ACER Innovation & Catalyst Center at 6000 &
6050 Shingle Creek Parkway was ultimately awarded $600,000 in LCDA grant funds on
December 13, 2023; and
WHEREAS, the City acknowledges LCDA grants are intended to fund projects or
project components that can serve as models, examples, or prototypes for development or
redevelopment projects elsewhere in the region, and therefore represents that the proposed project
or key components of the proposed project can be replicated in other metropolitan-area
communities; and
WHEREAS, the City certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement.
RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The development proposed by ACER and for 6000 & 6050 Shingle Creek Parkway
contains components for which LCDA funding was awarded and:
a. Will not occur solely through private or other public investment within the
reasonably foreseeable future; and
b. Will occur within the term of the grant award two years for Development
grants) expiring December 31st, 2026.
2. It authorizes its City Manager to accept the awarded funds on behalf of the City for the
application for the Fall 2023 funding cycle for Metropolitan Council Livable
Communities Demonstration Account grant funds, for the project components
identified in the application, and to execute such agreements as may be necessary to
implement the project on behalf of the City.
February 12, 2024
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.
Member Lawrence -Anderson introduced the following resolution and moved its
adoption:
RESOLUTION NO.2023-72
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT TRANSIT ORIENTED DEVELOPMENT FUNDING AND
AUTHORIZING AN APPLICATION FOR GRANT FUNDS
WHEREAS, the City of Brooklyn Center is a participant in the Metropolitan Livable
Communities Act ("LCA") Local Housing Incentives Program for 2023 as determined by the
Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities
Demonstration Account Transit -Oriented Development grant funds; and
WHEREAS, the City has identified a proposed project within the City that meets LCDA -
TOD purposes and criteria and is consistent with and promotes the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan
development guide; and
WHEREAS, the City has the institutional, managerial, and financial capability to
adequately manage an LCDA Transit -Oriented Development grant; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations as
stated in the grant agreement; and
WHEREAS, the City acknowledges LCDA grants are intended to fund projects or project
components that can serve as models, examples, or prototypes for LCDA development or
redevelopment elsewhere in the Region, and therefore represents that the proposed project or key
components of the proposed project can be replicated in other metropolitan -area communities; and
WHERES, only a limited amount of grant funding is available through the Metropolitan
Council's Livable Communities LCDA initiative during each funding cycle and the Metropolitan
Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects
that would not occur without the availability of grant funding.
NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due
consideration, the governing body of the City:
1. Finds that it is in the best interests of the City's development goals and priorities for the
following proposed LCDA project to occur at this particular site at this particular time:
African Career, Education and Resource (ACER) Innovation and Catalyst Center (ICC)
2. Finds that that LCDA Project component(s) for which Livable Communities LCDA funding
is sought:
a. Will not occur solely through private or other public investment within the
reasonably foreseeable future; and
b. Will occur within the term of the grant award (two years for Pre -Development
grants, and three years for Development grants,) only if Livable Communities
LCDA funding is made available for this project at this time.
3. Authorizes the City Manager to submit on behalf of the City an application for
Metropolitan Council Livable Communities LCDA - TOD grant funds for the LCDA
proj ect components identified in the application, and to execute such agreements as may
be necessary to implement the LCDA Project on behalf of the City.
Julv 10.2023
Date
ATTEST: 1
City Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member:
Butler
and upon vote being taken thereon, the following voted in favor thereof.
Butler, Graves, Jerzak, Kragness, Lawrence -Anderson
and the following voted against the same: None.
whereupon said resolution was declared duly passed and adopted.
IN
Application
19435 - 2023 LCDA Development - Final Application
19786 - Innovation and Catalyst Center
LCDA Development
Status:Submitted
Original
Submitted
Date:
08/14/2023
1:56 PM
Submitted
By:Vong
Thao
Last
Submitted
Date:
08/21/2023
7:35 AM
Last
Submitted
By:
Vong
Thao
Applicant Information
Primary Contact:
Feel free to edit your profile any time your information changes. Create your own personal alerts using My Alerts.
Name:*Mr. Vong Thao
Pronouns First Name Middle Name Last Name
Title:* Senior Project Manager
Department: Planning and Economic Development
Email:* vthao@ci.brooklyn-center.mn.us
Address:* 25 West Fourth Street
Suite 1300
*Saint Paul Minnesota 55102
City State/Province Postal Code/Zip
Phone:*651-266-8557
Phone Ext.
Fax:
What Grant Programs are
you most interested in?* LCDA Pre-Development
Organization Information
Name:* BROOKLYN CENTER, CITY OF
Jurisdictional Agency (if
different):
Organization Type: City
Organization Website:
Address:* 6301 SHINGLE CREEK PKWY
*BROOKLYN CENTER Minnesota 55430
City State/Province Postal Code/Zip
County:* Hennepin
Phone:*763-569-3320
Ext.
Fax:
Primary Grantee Information
Grantee Type* City
City in which the
project is
located*
Brooklyn Center
If the city name does not appear in this list, contact the appropriate LCA program coordinator.
If more than one
governmental
entity is
collaborating on
this application,
please explain
and list the
names of all
participants
No other governmental agency is collaborating.
500 characters
Does the city
where the project
is located have
an adopted Fair
Housing Policy?*
No
Who will be the Project Manager at the city, county or local development authority for this
project?
Contact name* Vong Thao
Mailing address* vthao@ci.brooklyn-center.mn.us
City* Brooklyn Center
Phone* 763-569-3301
Do not enter punctuation (enter as "6515551212")
Email address* vthao@ci.brooklyn-center.mn.us
After entering this information, click SAVE in the Command Bar at the top of the screen.
Developer Information
Organization name Street address City, state, zip Contact name Phone Email
Unknown
Other Project Contacts
Name Title Organization Street
address
City,
state, Zip
Phone Email
Nelima
Sitati
Munene
Executive
Director
African
Career,
Education, &
Resources
6800 78th
Ave. N.
Stre. 101
& 109
Brooklyn
Park MN 55445
763-
657-
7711
nelima@acerinc.org
Denise
Butler
Director of
Economic
Development
ACER
6800 78th
Ave. N.
Stre. 101
& 109
Brooklyn
Park MN 55445
763-
657-
7711
dbutler@acerinc.org
Jannie
Seibure Board Chair IBWIG Maple
Grove MN
763-
333-
2447
bjseibure89@gmail.com
Project Description
Address or Intersection of
Project* 6000 & 6050 Shingle Creek Parkway, Brooklyn Center
Describe the proposed development project. You will be asked about past or future phases in the next section.
Do not describe past or future project phases here. *
This full project seeks to create an Innovation & Catalyst Center and sustain an existing majority BIPOC strip
mall/shopping center in Brooklyn Center. The property is two parcels located at 6000 & 6050 Shingle Creek
Parkway, known as the Shingle Creek Center. ACER and Ignite Businesswomen Investment Group
Cooperative (IBWIG) have a purchase agreement to become the 100% owners of Shingle Creek Center, an
operating strip mall which is occupied by majority BIPOC and Immigrant owned small businesses. The
Shingle Creek Center, covers two parcels totaling 4.4 acres, will be purchased for 5.2 million; and has 11,000
square feet (of a total of 39,178 sq/ft) of vacant retail space which ACER and IBWIG will renovate to incubate
other businesses, and offer economic development centered programming.
This proposed LCDA request is to support the renovation of two commercial units:
-Unit 6096 at 3,480 square feet and Unit 6064 at 4,600 square feet. Unit 6096 will be transformed into the
Innovation & Catalyst Center which will include ACER’s main headquarters/main office, small office presence
for COPAL and HIRED to collaborate on workforce development programs, workshop/training space for
entrepreneurs and co-working space.
-Unit 6096 will be transformed into a food hall. No exact details on the food hall layout or businesses who will
be featured, but the space is inspired by places like Midtown Global Market and the newer Graze Provisions
+ Libations in Minneapolis. In addition, dollars will be used to support exterior improvements/façade/tenant
improvements, and energy efficiency of both parcels.
Last year, ACER along with their partner COPAL, were awarded congressional dollars for workforce and
career programming and to create two workforce centers. This year ACER received state dollars to 1.
Expand their entrepreneur program and 2. The buildout of the Innovation & Catalyst Center, Food Hall
projects and to support renovations at 6000 & 6050 Shingle Creek Parkway.
(2,000 characters)
Project Phasing
Were there previous
phases to this project
(that occurred before the
three-year grant period)?*
No
Will there be a separate
future phase to the project
(that will occur after the
three-year grant period)?
*
No
Planned Housing Mix
Housing: # of Units # bedrooms Affordability Tenure (own or rent)
Housing Totals
Total Units Planned on
Site 0
Housing Details
Fair Housing Marketing Plan
Is there a Fair
Housing
Marketing Plan
for the proposed
project or will
one be in place
before
marketing?
No
Who will be the
property manager
for the project?
Housing is NA
Housing Choice Vouchers
Will Tenant
Based Housing
Choice Vouchers
be accepted by
the project?
No
Income Averaging
Does the project
include income
averaging?
No
Are you
preserving and/or
rehabbing
existing
affordable
housing?
No
Housing Outcomes
Describe how the project will create or preserve affordable housing.
NA
(2,000 characters)
Describe how this project is helping to meet the city's affordable housing goal. The affordable housing need
number is in the interactive online data tool.
NA
(2,000 characters)
Describe how the project provides housing for people who face barriers accessing safe, affordable housing.
NA
(4,000 characters)
Describe how the project best meets the needs of future residents. Consider
project design
programming for residents
project location
NA
(4,000 characters)
Explain how you will keep affordable units affordable for a minimum of 15 years.
NA
(2,000 characters)
Describe how the project helps to further equitable outcomes and reduce disparities in housing access? Refer
to the evaluation explanations and data profile as you answer this question.
NA
(4,000 characters)
Permanent Full-Time Jobs
Job Title Job Category New or
Retained
Annual Wage # Jobs,
this Job
Title
Full-time
jobs at a
Living
Wage
Manager of Workforce/Business
Center - ACER - IBWI
Management (11-
0000)
New FT
job
Over
$55,500/year 1.0 1.0
Manager of Food Hall - ACER -
IBWIG
Management (11-
0000)
New FT
job
Over
$55,500/year 1.0 1.0
Community and Site Organizer -
ACER - IBWIG
Community and
Social Services (21-
0000)
New FT
job
Under
$55,500/year 1.0 0
Director of ACER Management (11-
0000)
Retained
FT job
Over
$55,500/year 1.0 1.0
Director of Economic Development -
ACER
Management (11-
0000)
Retained
FT job
Over
$55,500/year 1.0 1.0
Director of Organizing - ACER Management (11-
0000)
Retained
FT job
Over
$55,500/year 1.0 1.0
Health Equity Manager - ACER
Community and
Social Services (21-
0000)
Retained
FT job
Over
$55,500/year 1.0 1.0
Organizing Manager - ACER
Community and
Social Services (21-
0000)
Under
$55,500/year 1.0 0
Health Equity Program Coordinator -
ACER
Community and
Social Services (21-
0000)
Retained
FT job
Under
$55,500/year 1.0 0
Community Organizer - ACER
Community and
Social Services (21-
0000)
Retained
FT job
Under
$55,500/year 1.0 0
Economic Development Manager -
ACER
Community and
Social Services (21-
0000)
Retained
FT job
Under
$55,500/year 1.0 0
Operations Manager and Contract
Compliance - ACER
Business and
Financial Operations
(13-0000)
Retained
FT job
Over
$55,500/year 1.0 1.0
Retail/Office Manager - Owners Sales and Related
(41-0000)
Retained
FT job
Over
$55,500/year 13.0 13.0
Retail/Office Staff Sales and Related
(41-0000)
Retained
FT job
Under
$55,500/year 32.5 0
Restaurant
Executives/Owners/Managers
Food Preparation and
Serving Related (35-
0000)
New FT
job
Over
$55,500/year 4.0 4.0
Permanent Part-Time Jobs
Job Title Job Category New or Retained Annual Wage # Jobs, this
Job Title
Part-time jobs at a
Living Wage
Retail/Office
Staff
Sales and Related
(41-0000)
Retained part-
time jobs
Under
$55,500/year 32 0
Calculated Totals
Total Full-Time Jobs
(Permanent) 61
Total Jobs (Permanent) 93.5
Total Part-Time Jobs
(Permanent) 32.0
Total Living Wage Jobs
(Permanent) 24.0
Economic Opportunity Details
Does the City
have hiring and
procurement
goals for hiring
local workers
and/or
disadvantaged
businesses?
Yes
Commercial Space
Does this project
include
commercial,
industrial, or
office space?
Yes
How many
square feet? 39178
SQFT
Have you
secured any
tenants for the
commercial,
industrial, or
office space?
Yes
Who will be
located in the
space?
The full property, both parcels hold 18 total leasable units. 39,178 square feet of leasable
space out of a total of 41,355 square feet. BIPOC business owners currently occupy the
units and will be supported to remain. Many have long-term leases which terms will
remain intact after the transfer of ownership.
(500 characters)
If you are preserving jobs, what is the risk of those jobs going away without this project?
This project is within an Opportunity Zone where the City of Brooklyn Center has been engaged in
preliminary planning of full site. ACER through their leadership of the community input process for the
METRO Blue Line (BLRT) extension and their leadership around the Opportunity Zone outreach/organizing
project heard many voices from the community concerned about the extension but also about the potential
gentrification of the area.
Concerns about gentrification and displacement of housing and business have validity. Researchers at the
University of Minnesota showed that property values increased with the completion of the Green Line while
the number of affordable rentals in Minneapolis has shrunk dramatically since 2000. This trend will be a point
of concern for Brooklyn Park and Brooklyn Center, the two most diverse cities in Minnesota, which both have
poverty rates above the state average. Transit development can connect the northwest suburbs to each
other and downtown, spur economic growth, decrease greenhouse gas emissions by allowing residents to
travel without a car and provide access to a diverse array of educational institutions. Minority-owned
businesses tend not to own the property they do business in. Often, they are leasing and operating out of
non-traditional retail spaces such as old office buildings and aging strip malls. These business owners are
vulnerable to the whims of their landlords.
If the current leasers of this property are vacated by a potential outside developer or are vacated due to the
plans of the Opportunity Zone project the community will lose over 16 critical cultural businesses at this
location alone. Those businesses represent at Shingle Creek Center represent over 80 jobs, and economic
input/tax payments which the city and area would lose.
(4,000 characters)
Economic Opportunity Outcomes
Describe how the project is going to support economic opportunities for residents in the project area or
living/working in the future development. Including but not limited to
Jobs or job training created through the project
How the business model supports wealth building
The long-term goal of the project
Do not describe housing outcomes in this section.
Innovation & Catalyst Center will address systemic disparities by eroding the barriers that keep these
communities from achieving equitable economic outcomes. To achieve this, the center will structure activities
to advance four key economic impact areas:
- Career Outlook and Job Placements: Whether in-person or through a multitude of remote options, the
center will provide culturally competent, native language one-on-one coaching and support in applying for
and securing employment. This unit will prioritize strategies to secure high-earning employment with benefits.
By supporting community members in overcoming barriers to accessing employment, this proposal will
address the immediate disparities in unemployment as a product of the pandemic.
- Workforce Training, Education, and Career Development: This unit will connect workers to basic skills
training, career training, and post-secondary education, to improve employability and capacity for wealth
building. Each Center will focus on developing solutions that best address the needs of their community, but
could include trainings and certifications for GED, OSHA, CDL, nursing and healthcare, trades work and
apprenticeships, computer skills, English proficiency, and access to post-secondary education, and credit
validation support.
- Workers’ Rights Advocacy: A critical piece in the overall strategy of this proposal is to advocate on behalf of
workers who have experienced violations of their rights, supporting them in seeking restitution for stolen
wages and other abusive workplace practices. This unit will hire staff with organizing and legal backgrounds
to intervene in and prevent wage theft and other abuses of workers’ rights. An additional component will be to
offer educational workshops to inform people of their rights and possible courses of action. Over the long-
term, this proposal will pave the way to prosperity and equitable economic outcomes for new immigrants
entering the workforce.
- Wealth Creation: This unit is centered on the understanding that the most effective way to escape poverty is
by building wealth. The first steps to setting people up for future success in building wealth will be to provide
education on money management, savings, credit-building workshops entrepreneurship, and
commercial/residential property ownership, and connect people to industry partners that create access to
homeownership, energy-efficiency upgrades, and sources of renewable energy. Additionally, as identified by
constituents during the research and development of this project, providing tax filing assistance will be a key
strategy to support communities in accessing government benefits, and limiting regressive fees and penalties
for people without access to tax-filing support. The development of the food hall is part of this impact area,
which will be a tool to draw residents into the project by offering great food to enjoy but also doubling as a
community gathering space to purposely discuss wealth building ideas sparking a think tank process for
future developments.
(4,000 characters)
Describe how the project will create or preserve jobs and/or training opportunities in
environmental sustainability, technology, healthcare
industrial fields local
job growth priorities
The purchase and development of The Shingle Creek Center will lead to an increase ownership of
commercial property by micro and small business and to support businesses growth towards supporting a
vibrant cultural destination commercial district in the Northwest suburbs. The Shingle Creek Center will
become an Economic Hub which will maintain and grow retail focused businesses within the strip mall and
will include a business center which will provide small business resources and workforce programming.
There is not a clear industry cluster in Brooklyn Center so an incubator that solely focuses on one industry
would miss the opportunity to serve a diverse set of businesses. Most minority owned businesses in
Brooklyn Center fall within three industry categories such as retail,
professional services, and health care. Across different industry classes small business
owners are experiencing the same challenges which include finding affordable retail &
office space, market visibility and professional development.
The Innovation & Catalyst Center will establish a stronger partnership amongst workforce providers to
actively collaborate and innovate workforce development services to increase job training, placements and
increase career outcomes. The center will address the gap in services left by the closure of the Department
of Employment and Economic Development workforce office. The Catalyst Center will house ACER’s
headquarters and provide a central location and place of synergy for workforce development organizations
and provide affordable office space to service-based micro and small businesses.
If successful, the first two years of support offered by the two workforce centers planned by COPAL and
ACER will help stabilize between 1,900 - 2,200 families and individuals, uplifting immigrant communities out
of poverty. This is representative of an approximate investment of $2,250 per individual. Through culturally
specific coaching, and the development of a network of referral partners, ACER and COPAL will: Support at
least 500 workers in securing employment with benefits, 80% of these jobs will be at wages at or above $15,
including benefits,35% or more of these jobs will be in the healthcare industry. ACER and COPAL are
seeking additional investment of $4.9 million dollars over two years to coordinate a response to these
economic pressures facing the Latinx and African communities.
The property is within an opportunity zone and the adjacent property has been acquired by The City of
Brooklyn Center. It is critical that this property becomes owned and operated by a local organization. ACER
in partnership with The City of Brooklyn Center are engaged in ensuring the opportunity zone benefits the
current residents and business owners.
ACER has grown to become a leading voice on commercial real estate activities initiating and providing the
cities of both Brooklyn Park and Brooklyn Center with feasibility studies centered on the cities purchasing key
sites to develop into entrepreneur incubators in both cities. Due to the studies led by ACER, both cities have
purchased those properties and are working in concert with ACER to develop the sites.
ACER’s economic development goal is to create a local entrepreneurial ecosystem that will position existing
Immigrant and BIPOC businesses to grow equal to their counterparts, prepare the groundwork to invite new
businesses to develop through cooperatives and incubation programs, and increase ownership of
commercial property.
This proposed project and the funding requested is the right size of opportunity for ACER to continue to
expand on its work and dedication to equitable development. Additionally, ACER has a solid group of
consultants like NEOO Partners, NEXUS Community Partners, IC Consultants, and Push Strategist LLC who
all work with ACER to refine and develop specific entrepreneurial projects and curriculum.
(4,000 characters)
Describe how the project helps to further equitable outcomes and reduce disparities in economic opportunity.
Refer to the evaluation explanations and data profile as you answer this question.
Brooklyn Center is a community of more than 30,849 residents and more than 888 businesses. Located in
the Northwest Metro of the Twin Cities metropolitan area, the city is home to BIPOC majority residents that
represent a diverse ethnic and cultural background. Sixty percent of Brooklyn Center residents identify as a
person of color, and 1 in 4 residents speaks a language other than English at home. Brooklyn Center ’s
diversity makes it a distinctive and vibrant place.
The diversity in Brooklyn Center does not stop at its residents. The City’s business community is home to
large fortune 500 companies such as Wal-Mart, but also has a well-diverse selection of locally culturally
respective owned businesses that serve the community directly.
As the most diverse city in the State of Minnesota, Brooklyn Center is dedicated to creating an environment
that is centered around diversity, inclusion, and innovation. Brooklyn Center has diverse micro-businesses,
locally owned, a person of color-owned, women owned,
and immigrant owned. Businesses and local business organizations have identified the
need for affordable and flexible spaces for new small businesses and entrepreneurs. There is also a need for
technical assistance and coordinated programming that brings businesses and entrepreneurs in the
community together to share services and grow their businesses.
The African Diaspora and BIPOC community are our base, and we know our community understands
complex issues and know their needs and strengths best. We work towards elevating the voices of our
community in every avenue. We build bridges between the community and decision-makers so that our
base’s knowledge and expertise inform and shapes policies that impact them.
The community surrounding the project/property represent a low wealth population which is 70.5% BIPOC,
and much of that percentage are Black and African Immigrants (39.2%). The area is also represented by
most renters 57% vs homeowners. In addition, the unemployment rate in this area at 5.4% is 3.4 percentage
points greater than the region.
Immigrants in Minnesota play a crucial role in the economy despite glaring inequities, and the cumulative
effects of these inequities during the COVID-19 pandemic necessitates a coordinated response. As the
pandemic developed, studies show that Black, Indigenous and People of Color (BIPOC) communities are
most negatively affected because of existing inequities. These studies indicate that communities of color,
especially the African and African American communities are the two worst affected groups by every metric.
The COVID health crisis has shone a light on how much these conditions have worsened. This can be seen
through alarming trends relating to job placements, education, workers' rights, and wealth inequities. Post
peak crisis, thousands of our community members will remain underemployed, and will require support in
finding jobs, exploring new industries, seeking compensation from past employers, and building wealth.
All these factors have driven ACER and other partners to develop concepts for business incubators located
in Brooklyn Park and Brooklyn Center, to address the immediate and long-term economic challenges and
opportunities of the African community and our communities.
This proposal is in addition to ACER’s joint 2022 proposal with COPAL for the establishment of two workers’
centers. ACER and COPAL are entities that fill both needs within the African and Latinx communities to
address immediate and long-term economic issues. The reality is that immigrants come to this country,
oftentimes risking their lives, to seek a better life and contribute to the productivity of the nation. This
proposal provides a far-reaching resource to workers, laborers, and entrepreneurs to support them today,
while also equipping them with the tools to realize their dreams of economic stability and prosperity.
(4,000 characters)
Density and Intensity
What is the FAR
(Floor Area Ratio)
of the building?
20.4
If your project
includes housing,
what is the
DU/AC (Dwelling
Units per Acre)?
0
Please list how
many parking
spaces you will
include per unit
and/or per square
foot of
commercial/office
space and note if
the spaces will be
surface,
underground, or
structured.
There are 142 parking spaces between the two parcels and the parking lots are surface
lots. There are 18 units - that is potentially 7 parking spaces per tenant. The total square
footage of the building is 30,877 - which equates to 217 square feet per 142 parking
spaces.
(500 characters)
Development Outcomes
Describe how the project will increase density or activity at the site.
The Innovation & Catalyst Center at the Shingle Creek Center aims to be a hub for community engagement,
innovation, and business growth. Its strategy for increased activity is twofold:
The renovation of Units 6096 and 6064 into the Innovation & Catalyst Center and a food hall, respectively,
ensures a diversified and intense utilization of the space. The food hall, drawing inspiration from prominent
food markets, especially BIPOC and immigrant cuisine representing the constituents of the communities
nearby, becomes a magnet for food enthusiasts, families, and professionals, thereby increasing foot traffic.
The Innovation & Catalyst Center itself will be home to entrepreneurial workshops, co-working spaces, and
offices, meaning a constant influx of entrepreneurs, job seekers, and professionals during all working hours,
and is a boon to the community in both times of economic prosperity as well as hardship, since growth and
development of business is a perpetual aim for entrepreneurs.
By repurposing a majority BIPOC strip mall, the project not only ensures preservation of an existing structure
but gives it a renewed purpose that aligns with community needs. Sustaining and modernizing this space
safeguards local businesses and offers additional amenities, drawing both locals and visitors. This also
corresponds with what research that tells us about the aesthetics of structure being crucial in attracting
visitors as well as facilitating positive moods and prosocial interactions. With the project renewing both the
interior and exterior of the property, we expect an increase in both the quantity as well as the vivacity of those
who visit.
(2,000 characters)
Describe how the project will add retail, commercial space, or housing types in the area to help meet the needs
of existing and/or future residents.
This project is stablizing existing retail and commercial spaces in this area. In addition, adding even more
opportunties to incubate BIPOC businesses by the creation of the entrepreneurial and workforce centers.
These additions will ensure existing and/or future residents will have affordable access to wealth building
opportunities. This project will help to decrease the number of underemployed or unempolyed residents. And,
this project will sustain two parcels into the community's ownership for years to come.
(2,000 characters)
Describe how the project makes it easier for people to walk, bike, or roll to and from the site and/or if the project
will connect to existing trail networks.
The project site's proximity to the Brooklyn Center Transit Center (BCTC) is a major advantage. Here's how it
connects:
Metro-Transit Accessibility: A short distance (approximately half mile), and directly along both walking paths
and bus routes from the Brooklyn Center Transit Center - a hub where multiple local bus routes converge,
including the rapid transit Metro C Line - the Shingle Creek Center is located, effortlessly accessible by public
transit. The frequent bus routes, especially route 722 which has stops directly in front of the project site,
ensure constant connectivity throughout the northwest suburbs. The addition of the Blue Line Light Rail
Extension will further connect the business center to the greater metro, as there are numerous routes that
mutually engage multiple LRT stops as well as the Brooklyn Center Transit Center further expanding
accessibility to the Center to the Community writ large.
Furthermore, the Shingle Creek Trail and other adjacent pathways link essential areas like Centennial Park,
Brookdale Library, and the Brooklyn Center Community Center to the project site via various networks of
walking and biking paths and trails. These trails ensure those opting for walking, biking, skating or rolling can
easily access the Center and its multitude of offerings
(4,000 characters)
Describe how the project helps to further equitable outcomes in access to services and amenities. Refer to the
evaluation explanations and data profile as you answer this question.
The project ensures equitable access by being strategically positioned next to the Brooklyn Center Transit
Center (BCTC). This direct access to multiple bus routes, including the rapid transit Metro C Line, ensures all
demographic groups, especially underprivileged minority groups, of who are overrepresented both as
residents of Brooklyn Center and as riders of public transit, have seamless connectivity to essential services,
job opportunities, and amenities both within the Center and across the city.
Beyond local public transportation, the Shingle Creek Center will have put in 30+ permanent bike stalls lining
the entrance, providing places to park bikes safely and securely. Perhaps the largest program for increasing
equitable access to transportation is through collaboration the Innovation and Catalyst center intends on
initiating with Brooklyn Center Community Development and the Brooklyn Center Community Center. These
organizations operate in the same building only 2 blocks from the Shingle Creek Center, providing an
exceptionally convenient placement for organizing partnerships between these organizations, sending clients
to where they will be best served. We are hoping that we can implement a bike rental program along with a
transportation voucher program that can be used at the community center, Community Development Center,
and Innovation and Catalyst Center alike Not only will such programs decrease reliance on personal vehicle
use amongst clients, it will also foster important partnerships in this area, and created continued alignment of
broader community-based goals.
(4,000 characters)
Project Outcomes: Environment and Livability
Environment and Livability Details
Environmental Requirements
Are there local
environmental
requirements that
apply to the
project site?
Building Standards
Is the project
following green
design guidelines
and/or meeting a
green building
standard?
No
Open Space
Is the project
creating open
space?
No
Briefly list the
nearest local or
regional parks
and/or trails and
distance from the
project.
The nearest regional trail is the Shingle Creek Regional Trail, of which connecting walking
paths begin directly in front of the project site, across the Shingle Creek Parkway, less
than 200 feet away and connect directly to the Trail about 750 feet in. This trail connects
to a network of other paths, trails, green space, and waterfront including Shingle Creek,
Centennial Park, 5 baseball diamonds, an outdoor ice rink, and numerous fields.
(1,000 characters)
Environment and Livability Outcomes
Describe how the project will make it easier to get to local and regional parks and trails. Think about the
physical design of the site and/or partnerships for park programming.
The Shingle Creek Center connects directly to the Shingle Creek regional trail which beyond connecting to
Centennial Park in the North, also leads directly into Lion’s Park, Shingle Creek Park, and Creekview Park
and the Bubble Bridge Trail toward the South and Southeast. The project site offers safe and direct
pedestrian routes from the Center to these trails. Partnerships with local park agencies can be fostered to
ensure regular maintenance, proper signage, and promotional activities encouraging residents to use these
green spaces, and The Shingle Creek Center will foster cooperative relationships with Park agencies and the
city of Brooklyn Center by requesting permits to host events within the parks green space. Such community
events can draw residents from multiple adjacent residential areas (rather than only the nearest
neighborhood situated directly West of the Shingle Creek Center). This will facilitate the centers tenant-
businesses to engage with the community and draw bridges to new clients and customers, further
connecting and elevating the community in which the Center is situated.
(4,000 characters)
Describe how the project will minimize greenhouse gas emissions.
Through the multitude of means the Center will promote public transit ridership, the project inherently
reduces reliance on personal vehicles, leading to decreased carbon emissions. Furthermore, the renovations
this project entails will all mandate designs that incorporate energy-efficient systems. Examples of this
include, green roofing, sustainable construction materials, economical lighting, circuitry, heating and cooling.
The materials that go into any construction in this building and any overhaul of building processes (plumbing,
HVAC, electrical, etc.) will abide by the EPAs Green Building Standards and be in accordance with
contractors capacities to create environmentally friendly designs, at the least, maintaining and inevitably over
time, reducing the carbon footprint of the building.
(4,000 characters)
Describe how the project is conserving natural resources. Consider
sustainable site design
reuse of an existing building or building materials
Given that the building does not require extensive demolition, there's an immediate conservation of
resources. Less demolition means reduced waste and less need for new materials, which directly contributes
to the conservation of natural resources. The energy and emissions associated with demolition processes
and transportation of waste to landfills are mitigated. Additionally, repurposing the building as it stands avoids
the need for sourcing new building materials. This not only conserves resources like wood, stone, metal, and
other raw materials but also reduces the carbon footprint linked to the manufacturing and transportation of
these materials.
The installation of low-flow faucets and toilets during replacements conserve water in addition to building
systems to collect and store rainwater, allowing for non-potable use.
Project renovation will introduce natural lighting including skylights in foyers, harnessing natural light, and
reducing need for artificial lighting during the business hours. A less construction-intensive implementation
are light shelves, which can be built within current units to reflect natural light more deeply into units. Due to
the property’s East facing position, individual storefronts would benefit significantly from such additions.
When these are not feasible, energy efficient lighting systems, highly reflective paint varnishes and colors,
efficient HVAC, and other means of reducing the demand for electricity will be used.
Creating a green roof is a long-term goal and would aid in the management of stormwater while also
increasing aesthetics. A living roof provides insulation, reduces the heat island effect, and aids in managing
stormwater, leading to energy savings and water conservation. Contractor appraisal would determine
whether both rainwater reuse systems and a green roof are useful in combination.
Incorporating these strategies not only conserves natural resources but also leads to operational cost
savings.
(4,000 characters)
Describe how the project will minimize negative environmental impacts on people who will live and/or work at
and around the site.
The project can employ eco-friendly construction practices, reduce noise pollution through design
interventions and timelines and ensure green spaces and shading around the site are not harmed. Proper
insulation, efficient HVAC systems, and maximized natural light can ensure a healthier environment for
occupants and visitors. Given the distance from residential areas as well as from the street, this project will
not impede traffic, nor will it cause noise pollution as the renovative work will occur almost entirely within the
building itself in vacant units. A massive parking lot ensure that contractors will have ample space to park
and store tools and equipment that will not interfere with maintaining adequate space for any of the current
tenants and their visitors. Finally, contractors will have empty units to work in, ensuring safety from
obstruction or other hazards caused by congested areas. When tenants’ units undergo renovation, the
project will allow these businesses to temporarily occupy adjacent vacant units as any work order
necessitates.
(4,000 characters)
Describe how the project will further equity outcomes in access to greenspace and/or address environmental
sustainability in places where residents have been most impacted by environmental harms. Explain the
environmental harms and/or barriers to accessing greenspace present in the project area.
This project's close proximity to trails and parks inherently addresses some of the environmental risks
associated with commercial areas, especially those located near the intersections of major freeways. For this
reason, the construction involved in any part of this project will include an environmental assessment to
determine that all measures are taken to ensure that nearby residents, as well as Center patrons and tenants
are protected from local environmental harms, and that any renovation goes to all lengths to prevent the
addition of environmental risk. It's crucial to ensure these spaces are inclusive, well-maintained, and safe.
Collaboration with environmental organizations may be initiated, focusing on ensuring an equitable
distribution of green amenities and addressing longstanding inequities in accessing the nearby green space.
Perhaps the most direct effect this project can have on improving equity and access to environmental justice
is by creating a Center that flourishes with businesses and services that would otherwise force residents onto
highways and into congested areas of environmental risk. People from all around will have centralized
access to food courts and ethnic cuisine; daycare & after-school facilities, collaborative workspaces,
recreation zones, economic development workspaces; retail, including locally owned pharmacies,
convenience stores, bookstores, and tech repair centers; community education spaces and more.
This center has the capacity to connect numerous neighborhoods of Brooklyn Center via greenspace trials,
and even more neighborhoods beyond Brooklyn Center through comprehensive bus routes. If this project
succeeds, it will foster travel via environmentally sustainable means, reducing environmental harm, not
simply of the Shingle Creek Center, but of the entire area in which it exists.
(4,000 characters)
Community Need
What specific, identified need does this project address? Who benefits and how from the project? Explain how
the need was determined and who benefits now and in the future.
ACER works side-by-side with an engaged base of hundreds of community members to develop innovative
policy and practice solutions to eliminate the Northwest Suburbs well-documented disparities in education,
employment, health, housing, small business, and wealth creation that affect African immigrants and other
BIPOC communities.
ACER’s daily work comes out of our committee and advisory board structure. The committees and advisory
boards make decisions on what projects, issue campaigns or work will take priority. This ensures that our
most impacted community members are the ones with the decision-making power. The groups meet monthly
to continually make decisions on how to move things forward. Decisions that merit a Board vote are brought
from this level to the Board level for a final vote. Committee and advisory board participation is open to all
community members, and this ensures that we maintain an open and inclusive environment. This leadership
structure means that at any given time we are actively organizing to address the issues that our community
and constituency base has prioritized as being the most important to them and the organization is kept
accountable for the work overall.
ACER in partnership with The City of Brooklyn Center are engaged in ensuring the opportunity zone benefits
the current residents and business owners. Lastly, in the future this development will have its ownership
become 100% community owned and managed. IBWIG and other investors from the community will
eventually own the full property, which is the ultimate goal.
The community surrounding the project/property represent a low wealth population which is 70.5% BIPOC,
and much of that percentage are Black and African Immigrants (39.2%). The area is also represented by
most renters 57% vs homeowners. In addition, the unemployment rate in this area at 5.4% is 3.4 percentage
points greater than the region.
If successful, the first two to three years of support offered by the center planned by ACER, IBWIG and
others will benefit and help stabilize between 1,900 - 2,200 families and individuals, uplifting immigrant and
BIPOC communities out of poverty. This is representative of an approximate investment of $2,250 per
individual. Through culturally specific coaching, and the development of a network of referral partners, ACER
will: Support at least 500 workers in securing employment with benefits, 80% of these jobs will be at wages
at or above $15, including benefits, 35% of these jobs will be in the healthcare industry. ACER seeking
additional investment of $2 million dollars over two years to coordinate a response to these economic
pressures facing the African and BIPOC communities through entrepreneurship and cooperative
development supports.
ACER and its partner COPAL MN (Comunidades Organizando el Poder y la Accion Latina) have coordinated
a response to the economic pressures facing the Latinx and African communities in our region. Two workers’
centers will be created as part of this collaboration, each center will focus on Latinx and African immigrant
communities and their unique needs. Capitalizing on the recent surge in popularity and capacity for remote
and virtual services, these centers will be a critical resource for immigrants.
(4,000 characters)
What steps is the City taking to address local inequities? Consider the intended impacts of
relevant local policies
efforts to implement more equitable development practices
City of Brooklyn Center has been implementing more equitable development practices by hiring local
orgnanizations and consultants in developing a more equitbale investments of City dollars to support African,
Latinx, Asian, Indigenous and women owned businesses.
In addition, the City, using an equity lens in addressing historical segregation by providing a mix of
complimentary uses within easily accessible distances that promote access, living wage jobs and
entrepreneurial opportunities, a range of housing stock of different scales including both affordable and
market rate products, and accessible spaces for public gatherings, community building, and cultural
expression.
(4,000 characters)
Community Engagement
Describe the community engagement process to date. Include
dates of events
organizations involved
techniques used to include community in the process
how the process is tailored to the community the project is intending to serve
Explain how the engagement has informed the project. Use the project data profile tool or other relevant sources
to discuss how engagement reflects the community the project is intending to serve.
ACER and IBWIG, other partners like COPAL, will continue to develop community engagement efforts to
occur right after the successful purchase of the two parcels. The engagements will mirror the previous
engagement and community leadership processes created and lead by ACER for the Blue Line Extension
engagement process (2015-2017), the CULTIVATE engagement effort along the Blue Line extension
supported by McKnight Foundation and Hennepin County (2018-2021) and the Brooklyn Park Placemaking
process (2017-2018).
Starting in 2015, ACER noticed that all the market data reports created by the governmental agencies were
NOT tracking or reporting on any of the existing micro BIPOC businesses who were operating along the line
inside of office buildings. These businesses were operating in non-commercial/non-conducive spaces due to
a lack of commercial spaces and affordable spaces for micro-businesses.
ACER began holding discussions with local micro and small businesses to talk about their needs and
opportunities. These owners mentioned they did not want to be operating in office spaces but that the
landlord(s) provided the only avenue for start-up they needed. The office spaces being offered were 1.
Affordable rents 2. tailored spaces via tenant improvements, with no cash needed upfront and 3. Spaces in
proximity to like-minded and culturally similar businesses. However, these buildings hide our businesses,
reducing the micro business' ability to make sales, grow and move on to a commercial space.
In 2019, Hennepin County conducted a GIS study and again did NOT track the micro BIPOC business
community. During this time CULTIVATE was created and ACER was selected to assist with the Blue Line
Extension process. ACER was in partnership with Neighborhood Development Center, The Alliance, and
Springboard for the ARTS to complete the large community engagement project using art as a mechanism
for engagement.
By 2021, ACER was hired by both the City of Brooklyn Park and the City of Brooklyn Center to conduct
feasibility studies. One study resulted in Brooklyn Park purchasing an abandoned strip mall called the
Northwind Plaza with the goal of developing a business entrepreneurship center. At the same time Brooklyn
Center was working with ACER and other partners around an Entrepreneur Market Plaza which will be part
of the Opportunity Zone Project. In both cases ACER and partners developed community-based steering
committees to assist in the engagement process for both projects.
Community, ACER, business owners, and partners began to realize the work to date still did not address the
lack of wealth building efforts like community ownership of commercial properties and lack community-
controlled investments.
ACER and the community which included business owners decided to begin to take actions to learn about
community investment trust, employee-owned and real estate cooperatives. The first step was to raise
money towards purchasing property with the community. In 2021, ACER applied for DEED Targeted
Community Captial dollars and DEED Main Street dollars to begin the goal of supporting community-led,
community-owned efforts. This project is a part of this vision and workplan.
The community surrounding the project/property represent a low wealth population which is 70.5% BIPOC,
and much of that percentage are Black and African Immigrants (39.2%). The area is also represented by
most renters 57% vs homeowners. In addition, the unemployment rate in this area at 5.4% is 3.4 percentage
points greater than the region.
(4,000 characters)
How is the community engagement tailored to the project’s need and context? Including but not limited to
The scope of the project
Existing relationship between the team and the project area
Who has been historically excluded from decision making in the project area
ACER and its fellow organizations work yearly to lift the voices of this area to identify areas of inequity,
uncovering foundational policy impacts which they, with community, identify and work towards dismantling
inequitable development policies and practices.
ACER serves the Northwest Suburbs cities of Brooklyn Park, Brooklyn Center, Bottineau LRT Corridor, and
Maple Grove. ACER engages and serves the African Diaspora and BIPOC residents living in the north and
northwest suburbs of Minneapolis to advance equity for the community. ACER works side-by-side with an
engaged base of hundreds of community members to develop innovative policy and practice solutions to
eliminate the Northwest Suburbs well-documented disparities in education, employment, health, housing,
small business, and wealth creation that affect African immigrants and other BIPOC communities.
From April 2015 to September 2017, ACER implemented community engagement and organizing efforts
centered on Affordable Housing and Business Engagement. By 2017, ACER, with the leadership of the
community, developed a Tenants Rights effort. Also in 2017, ACER began to work with Jannie Seibure on
deeper business engagement. Jannie was a strong emerging community leader, at that time, who is now the
Chair of the IBWIG Cooperative.
In 2018, ACER and Jannie organized the business' and met many times with the staff of Brooklyn Park and
Brooklyn Center. Businesses within those office buildings were becoming concerned about potential
displacement/eviction. Part of the outcomes of these joint and intersectional conversations moved The City of
Brooklyn Park to add an Ethnic Market into the 2040 Comprehensive Plan. The community and ACER have
used this addition in the plan as a leveraging point to meet the community's vision.
In 2021 to 2022, ACER lead the engagement of the city’s opportunity site and coordinated and facilitated an
opportunity site taskforce, a group of 15 community members. Also, ACER has been engaging BIPOC
business communities in the Northwest suburbs for over 8 years. In partnership with The St. Paul River
Foundation, Hennepin County and other partners hosted place making events, focus groups, community
meetings, and pilot corridor tables to hear from BIPOC businesses on the inequities that have been existing
prior to the pandemic and during the pandemic. This location is where businesses were hit the hardest, and
faced evictions, and came together and organized; to stop said evictions amid the pandemic. Listening to
these businesses and hearing the predatory landlord practices, and the lack of affordable commercial
spaces, is what has led to this acquisition process. Businesses are experiencing displacement currently has
over 20 businesses have been given notification to vacate in 60 days (May 31st), in need of this acquisition
right now.
(4,000 characters)
Project Team
Describe the project team. List
Who is on the project team
The roles each team member will play
The project team is made up of:
Nelima Sitati Munene, Executive Director of ACER. Nelima will be the final approval manager for all
decisions related to this project. Nelima seeks approval from the ACER board. Nelima provides oversight of
all partner and city relationships.
Denise Butler, Director of Economic Development. Denise will be the project manager of the project. Denise
will make all day-to-day decisions on the project. Denise will determine timelines and approve all award
draws, project activities, and monitor the timelines, milestones, and all city permit approvals/county
approvals. Provides oversight of all contractors. ACER now has a staff member who is being trained and will
be in the position of providing Grant/Contract Compliance for ACER.
Grant/Contract Compliance Staffer, will work with ACER leadership. This position will be responsible for
submitting all withdrawal requests, documentation and filing, and tracking the full project process to ensure
all requirements are addressed.
Jannie Seibure, Chair of IBWIG Board of Directors, Co-Owner of Project. Jannie will be working in
partnership with ACER and Nelima to ensure the project meets the approval of IBWIG. Works with Denise
Butler, Director of Economic Development and Nelima Sitati Munene, Executive Director of ACER.
Julie Kimble, Real Estate Broker/Developer. Julie has been assisting with the negotiations, comparisons, and
purchase agreement for ACER. Julie will remain a resource to the team.
Barbara Hall, project consultant. Barbara assist ACER in development projects, from funding, identifying the
capital stacks, providing oversight of contractors on project. Works with Denise Butler, Director of Economic
Development.
Isabel Chanslor, project consultant. Isabel will assist ACER in developing the plan for the entrepreneurial
programming and design of workspaces. And provide input on the food hall. Isabel will also continue to raise
dollars for program aspects of the project. Works with Denise Butler, Director of Economic Development.
Teshite Wako, project consultant. Teshite is an accountant and will assist ACER in setting up the contract
compliance system. The system ensures all grant and contract requirements are tied to payments and
withdrawals. Works with Denise Butler, Director of Economic Development and Nelima Sitati Munene,
Executive Director of ACER.
(4,000 characters)
Is there a defined team workplan and process for working together? If yes, please describe it.
This team does not have a defined process to work together. We do have a natural workflow. We know our
roles. However, as this project comes to fruition, a team workplan will be necessary and will be developed.
(2,000 characters)
Will this project have a
subrecipient agreement? Yes
Describe how the city (or other government partner) is financially contributing to the project. If the city is unable
to contribute financially, explain why.
With its limited resources, the City has committed discounted land to ACER and IBWIG.
(2,000 characters)
Explain how the team was designed to best consider the priorities of those most impacted by the project and
least represented in public process.
The team is all Woman and 99% are Woman of Color from BIPOC communities. Each of us has a
connection to the most underrepresented ethnic and cultural groups in Minnesota. The majority are skilled
community organizers and activists. The majority have been working with and within the most
underrepresented communities for their whole careers. Our team’s commitment to inclusion, community
leadership, community voice, policy change, systems change, transformational change, equity and wealth
building is clear from our associations, resumes and bodies of work.
We feel strongly that this team is unique as we are 100% Woman leading a major site acquisition and
renovation of this central community driven project.
This team is sensitive to the City of Brooklyn Center's demographics, low wealth realities, challenges facing
micro businesses, challenges facing immigrant businesses and housing equities.
ACER is the leading 15-year-old action-based community organization working to uplift and amplify the
community’s voice to build power for systemic change that advances racial and economic equity in our
communities. Our vision is a transformed system, free from racial and economic inequities where African
Diaspora and BIPOC communities can thrive and lead prosperous lives. Our areas of focus: 1. Civic
Engagement, 2. Health Equity, 3. Economic and Community development, and 4. Housing Justice. Our
service area is the Northwest suburbs of the Twin Cities where a large population of African immigrants’ live.
An estimated 4,500 African immigrants live here, hailing primarily from Liberia, Somalia, and Nigeria.
The African Diaspora and BIPOC community are our base, and we know our community understands
complex issues and know their needs and strengths best. We work towards elevating the voices of our
community in every avenue. We build bridges between the community and decision-makers so that our
base’s knowledge and expertise inform and shapes policies that impact them.
(4,000 characters)
Equity Approach
Describe how your project is intentionally addressing equitable outcomes. If it is not, enter N/A.*
ACER is an action-based community organization developing sustainable policy solutions that address
concerns impacting the African community, creating access to education, jobs, health, housing, and the
means to build wealth.
ACER, in partnership with the Ignite Businesswomen Investment Group Cooperative (IBWIG), two Black
women-led organizations based in Brooklyn Center and Brooklyn Park, have formed the Brooklyn Village's,
LLC to purchase, own and operate a retail mall in Brooklyn Center. The site will house the Innovation &
Catalyst Center, the existing 16 tenants, and 32 businesses from the IBWIG's membership.
The property is within an Opportunity Zone and the adjacent property (Target building) has been acquired by
The City of Brooklyn Center. The project is in an area identified as an area of environmental justice concern
and is home to many low-income residents with an income of 75% or less than the regional average.
The business incubators, the community desires, like this proposed Shingle Creek Center, will focus on
providing a holistic response to the great needs that have been articulated by microbusiness owners and the
underemployed in our communities. The incubators will:
Provide needed conducive, right sized commercial space that is currently lacking for businesses to
operate in.
Provide affordable and equitable commercial space.
Provide continued technical assistance and training to ensure the sustenance and long-term success
of the businesses.
Create a pathway for future cooperative ownership by the community.
Establish a pathway for generational wealth creation that is lacking in communities of color.
Provide workforce development and advancement in key growth fields.
This investment will result in the direct support of over two hundred businesses being incubated and
supported every five years.
In the current landscape many organizations that serve our community provide direct services that help
people subsist daily. This proposal will seize an opportunity by developing long-term future investments in
our communities that will begin to lift people out of poverty and create generational wealth among the most
disenfranchised in our communities. We believe Microbusinesses play an important role in our city and are a
critical engine in the economic success of our cities. The Brooklyn’s has some of the highest disparities
among BIPOC communities.
By providing these services and resources, this proposal will be a positive force of change for thousands of
people for years to come. The incubators will help stabilize hundred families and individuals, uplifting
immigrant communities out of poverty.
(4,000 characters)
Grant Request & Project Funding
Uses for the LCDA Grant Funds
Use Detail of Use LCDA $
Preservation and Rehab: Site and exterior
improvements; interior improvements and communal
space; upgrades to building systems to improve energy
efficiency
$5,469,148.80 of the total project
funds for site acquisition. 3.4M for
renovations/1.1M for FF&E
$600,000.00
Community Engagement: Continued community
engagement or design workshops $0.00
$600,000.00
Funding Sources
Source Type Amount Description Status of
Funding
Est. Commitment Date
Owner Equity - Co-Owners
IBWIG Cooperative $160,000.00 Owner Equity - Cash
on Hand Committed On hand
Owner Equity - Co-Owners
ACER $105,148.80 Owner Equity - Cash
on Hand Committed On hand
Private Foundation -
Margaret Cargill $300,000.00 Foundation Grant Committed Cash on Hand
Loan - Sunrise Bank $2,500,000.00 Loan Committed Approved
Loan - Shared
Capital/MMCDC $2,404,000.00 Loan Committed Approved
LCDA Request $600,000.00 Grant Committed Pending - Not committed -
drop down did not work.
State of MN DEED - Grant $3,000,000.00 State appropriation -
Capital Use Committed Bill passed - Awaiting
contract
DEED Targeted Community
Capital Grant $921,486.00 Grant Committed Approved, Contract
Completed
$9,990,634.80
Funding Notes
Add any additional information you want us to know about your project financing.
(1,000 characters)
2023 Attachments
Attachment Description File Name Type File
Size
Parcel Map (from Make-a-Map;
compressed PDF)
Parcel map of 6000 and 6050 Shingle Creek
Center parcel Map.pdf pdf 1.8 MB
Aerial View (from Make-a-Map;
compressed PDF)
Aerial Map of 6000 & 6050 Shingle Creek
Center aerial Map.pdf pdf 4.3 MB
Overview Map (from Make-a-
Map; compressed PDF)
Overview map of 6000 & 6050 Shingle
Creek Center overview Map.pdf pdf 8.1 MB
Grant Requested Activities Plan ACER and IBWIG Grant activities plan.ACER and IBWIG Grant Activities
Plan.docx docx 15 KB
Detailed Site Plan Site Plan of Brooklyn Village's LLC -
Innovation & Catalyst Center (ICC)
ACER Brooklyn Village's SCP Overview
6.27.23 (1).pdf pdf 305
KB
Renderings
Rendering of Opportunity Zone area.
Designed for City of Brooklyn Center. 6000 &
6050 Shingle Creek Center two parcels are
inside of the Opportunity Zone.
MasterPlan_Revised-
01.15.2020(BCOpportunitySitePlan)
(1).pdf
pdf 3.9 MB
Stormwater Management Plan
(only if requesting funding for
stormwater management)
Not required.ACER - attachment Not required.docx docx 12 KB
Resolution of Local Support Resolution of support Signed Resolution ACER.pdf pdf 181
KB
Before Photo Photo of property.PXL_20230814_172808802 (1).jpg jpg 2.7 MB
Optional renderings/images
(optional)
Excerpt of any relevant
small/station area plans
(optional)
Appraisal (only if requesting site
acquisition funds)Not required.ACER - attachment Not required.docx docx 12 KB
Completed Equitable
Development Scorecard
(optional)
Other (optional)
Applicant Certification
By checking this box you
agree that you, the named
applicant, have read the
information presented in
the application and that all
information is correct to
the best of your
knowledge. As the named
applicant you are
responsible for the
information presented in
the application and agree
that the application will be
evaluated on the
information you present. *
Yes
C ouncil R egular M eeng
DAT E:2/12/2024
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:Krys,n Eldridge, A s s ociate P lanner
S U B J E C T:Res olu,on A ccep,ng Livable Communi,es D emons tra,on A ccount (L C DA ) F unding G rant
for New G enera,ons L L C - Veterans H ousing
Requested Council A con:
- Moon to approve a resoluon accepng Livable C ommunies D emonstraon A ccount (LC DA ) funding
grant from M etropolitan C ouncil.
B ackground:
O n March 27, 2023, the City Council approve a res olu,on of support for a D evelopment grant through
Metroplitan City Council's L C A G rants . The a;ached resolu,on w ould authoriz e us to aw ard the funds to
the as s ociated cos t w ith the development.
L ivable C ommuni,es Act (L C A) grants are awarded to communi,es that par,cipate in the L ivable C ommuni,es
Program in the seven-county metro region. T hrough four different grant programs, L C A grants help communi,es
achieve development goals that create more housing choice, support living wage job crea,on, and connect jobs,
housing, transporta,on and regional ameni,es to create a more equitable region.
Each of the four L C A programs have a different focus.
Livable Communi,es D emons tra,on A ccount (L C DA ) supports development and redevelopment
projects that link housing, jobs and services, and use community and regional infras tructure
efficiently.
L C DA - Transit O riented D evelopment (L C DA -TO D ) grants are focus ed on high density projects that
contribute to a mix of us es in TO D -eligible areas .
The Tax Bas e Revitaliz a,on A ccount (T B R A ) helps clean up contaminated land and buildings for
s ubs equent development. These grants are intended to provide the greatest public benefit for the
money spent, strengthen the local tax base, and create and preserve jobs and/or affordable hous ing.
T B R A has three different funding opportuni,es : C ontamina,on Cleanup, S ite I nves ,ga,on, and
S E E D.
The L ocal H ous ing I ncen,ves A ccount (L H I A ) helps expand and preserve lifecycle and affordable
hous ing, both rented and ow ned. L H I A applica,ons are submi;ed through the Minnes ota H ous ing
S uper R F P, as opposed to directly to M et C ouncil.
New G enera,ons L L C is propos ing 31 units for the corner of 1500 69th Ave N. I t w ill be an affordable
hous ing development w ith all units under 50% A M I and 27 under 30% A M I . New G enera,ons target
demographic are veterans and individuals experiencing homeles s ness and thos e with phys ical or mental
dis abili,es. The development w ill include commercial s pace, spaces focused on health and well-being, youth
programming, and a youth-led coffee shop. Metropolitan Council has approved $1,000,000 to New
G enera,ons , to be adminis tered the City s taff w ith reimburs ement of exhausted funds for dates betw een
D ecember 13, 2023, and D ecember 31, 2026.
B udget I ssues:
I nclusive C ommunity Engagement:
P roject w ill s upport Black, I ndigenous and People of C olor busines s es and a B I P O C D eveloper
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing, Community Centered
AT TA C H M E N TS :
D escrip,on U pload D ate Type
Res olu,on A ccep,ng F unds for L C DA D evelopment G rant for
New G enera,ons 1/29/2024 Resolu,on Le;er
Res olu,on I den,fying Need - New G enera,ons L L C 1/26/2024 Backup M aterial
L C DA D evelopment G rant A greement - New G enera,ons L L C 1/26/2024 Backup M aterial
A pplica,on 2/5/2024 Backup M aterial
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR LIVABLE
COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION
ACCOUNT DEVELOPMENT FUNDING AND AUTHORIZING
ACCEPTANCE OF GRANT FUNDS FOR NEW GENERATIONS LLC
WHEREAS, the City of Brooklyn Center, Minnesota was a participant in the
Livable Communities Act (“LCA”) Local Housing Incentives Account Program for 2023, as
determined by the Metropolitan Council, and was therefore eligible to apply for Livable
Communities Demonstration Account (“LCDA”) funds; and
WHEREAS, only a limited amount of grant funding is available through the
Metropolitan Council’s LCA initiatives during each funding cycle and the Metropolitan Council
has determined it is appropriate to allocate those scarce grant funds only to eligible projects that
would not occur without the availability of LCA grant funding; and
WHEREAS, the City has identified proposed projects within the City that meet
LCDA purposes and criteria and the proposal submitted by New Generations LLC for a project
located at 1500 69th Avenue North is consistent with and promotes the purposes of the
Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted
metropolitan development guide; and
WHEREAS, the City has traditionally supported grant applications by agreeing to
act as legal sponsor for the project; and
WHEREAS, the City Council of the City of Brooklyn Center, Minnesota formally
identified the need for Livable Communities Demonstration Account funding and authorized City
staff to submit on behalf of the City an application to said account for New Generations LLC on
March 27, 2023 and under City Council Resolution No. 2023-48; and,
WHEREAS, the City-supported New Generations LLC development at 1500 69th
Avenue North was ultimately awarded $1,000,000 in LCDA grant funds on December 13, 2023;
and
WHEREAS, the City acknowledges LCDA grants are intended to fund projects or
project components that can serve as models, examples, or prototypes for development or
redevelopment projects elsewhere in the region, and therefore represents that the proposed project
or key components of the proposed project can be replicated in other metropolitan-area
communities; and
WHEREAS, the City certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement.
RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The development proposed by New Generations LLC and for 1500 69th Avenue North
contains components for which LCDA funding was awarded and:
a. Will not occur solely through private or other public investment within the
reasonably foreseeable future; and
b. Will occur within the term of the grant award two years for Development
grants) expiring December 31st, 2026.
2. It authorizes its City Manager to accept the awarded funds on behalf of the City for the
application for the Fall 2023 funding cycle for Metropolitan Council Livable
Communities Demonstration Account grant funds, for the project components
identified in the application, and to execute such agreements as may be necessary to
implement the project on behalf of the City.
February 12, 2024
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.
Application
19435 - 2023 LCDA Development - Final Application
19646 - New Generations LLC- 1500 69th Ave
LCDA Development
Status:Submitted
Original
Submitted
Date:
08/14/2023
9:30 AM
Submitted
By:Vong
Thao
Last
Submitted
Date:
10/27/2023
10:16 AM
Last
Submitted
By:
Victoria
Yepez
Applicant Information
Primary Contact:
Feel free to edit your profile any time your information changes. Create your own personal alerts using My Alerts.
Name:*Mr. Vong Thao
Pronouns First Name Middle Name Last Name
Title:* Senior Project Manager
Department: Planning and Economic Development
Email:* vthao@ci.brooklyn-center.mn.us
Address:* 25 West Fourth Street
Suite 1300
*Saint Paul Minnesota 55102
City State/Province Postal Code/Zip
Phone:*651-266-8557
Phone Ext.
Fax:
What Grant Programs are
you most interested in?* LCDA Pre-Development
Organization Information
Name:* BROOKLYN CENTER, CITY OF
Jurisdictional Agency (if
different):
Organization Type: City
Organization Website:
Address:* 6301 SHINGLE CREEK PKWY
*BROOKLYN CENTER Minnesota 55430
City State/Province Postal Code/Zip
County:* Hennepin
Phone:*763-569-3320
Ext.
Fax:
Primary Grantee Information
Grantee Type* City
City in which the
project is
located*
Brooklyn Center
If the city name does not appear in this list, contact the appropriate LCA program coordinator.
If more than one
governmental
entity is
collaborating on
this application,
please explain
and list the
names of all
participants
500 characters
Does the city
where the project
is located have
an adopted Fair
Housing Policy?*
Yes
Who will be the Project Manager at the city, county or local development authority for this
project?
Contact name* Vong Thao
Mailing address* 6301 Shingle Creek Parkway Brooklyn Center MN
City* Brooklyn Center
Phone* 763-569-3301
Do not enter punctuation (enter as "6515551212")
Email address* vthao@brooklyncentermn.gov
After entering this information, click SAVE in the Command Bar at the top of the screen.
Developer Information
Organization name Street address City, state,
zip
Contact
name
Phone Email
VY Management
LLC
7900 Telegraph
Rd Bloomington MN 55438 Victoria
Yepez
651-210-
7800 victoria@vymgmt.com
Other Project Contacts
Name Title Organization Street
address
City,
state, Zip
Phone Email
New
Generations
LLC
Program
Director
1500
69th
Ave
Brooklyn
Center MN 55430
612-
558-
8915
jcochran@newgenerationsllc.com
Project Description
Address or Intersection of
Project* 1500 69th Ave, Brooklyn Center, MN 55430
Describe the proposed development project. You will be asked about past or future phases in the next section.
Do not describe past or future project phases here. *
The Community Corner will provide 29 one-bedrooms and two studios, affordable at rent levels between
30%-50% AMI, targeting Veterans and individuals experiencing homelessness that may have physical or
mental disabilities (27 units affordable at 30% AMI or below & 4 units affordable at 50% AMI or below. This
mixed-use 4 story development will be one single building, with ground floor commercial space and an entire
4th floor dedicated to amenity space themed around health & well-being. The Community Corner’s
commercial space will be composed of the following: 5,055 SF of commercial space for a workforce center
that provides vocational rehabilitation services and career resources to the community and future residents,
2,140 SF space for youth programming, and 1,060 SF for a youth lead coffee shop. New Generations is
partnering with Intentions, a 501c3 nonprofit organization whose mission is to partner with the community to
provide quality programs for youth and their families. Intentions will run the youth lead coffee shop & space
for youth programming. The project will incorporate over 6,000 SF of amenity space and outdoor space for
tenant use creating a safe space for people within the housing community to congregate and connect,
centered around health and well-being. This project serves to be the first on the corridor that aligns with the
City’s 2040 goals and new zoning code. The City wants to increase walkability and promote small local retail
shops. This project looks to reshape traditional deeply affordable housing by mimicking the quality of market
rate. The Community Corner will create equitable outcomes through housing, workforce, and youth
programming, connecting the tenants and the community with resources will be at the core of this project.
(2,000 characters)
Project Phasing
Were there previous
phases to this project
(that occurred before the
three-year grant period)?*
Yes
Describe how the previous phase(s) contributed to the current phase.
The Community Corner stands as a newly constructed mixed-use development that combines affordable
housing and commercial space. The existing setup involves two structures—a single-story office building and
a 4-unit apartment—that will be demolished. Situated at 1510 69th Ave, the 4-unit building currently houses
three tenants, whom we are committed to assisting in relocating once the project commences. A
comprehensive relocation plan is in place, all of which has been factored into our budget. The acquisition of
this site took place in May 2023, strategically integrated into the broader development plan. This decision
was made to enhance housing density and align with the City's zoning code parking requirements,
contributing to the overall project's feasibility. Located in a neighborhood that saw the tragic incident involving
Daunte Wright in 2022, this site represents a corridor in need of revitalization. Importantly, the project site is
not situated within a designated historic
(2,000 characters)
Will there be a separate
future phase to the project
(that will occur after the
three-year grant period)?
*
No
Planned Housing Mix
Housing: # of Units # bedrooms Affordability Tenure (own or rent)
2 Studio/efficiency Affordable below 30% AMI Rent
4 One BR Affordable @ 31-50% AMI Rent
25 One BR Affordable below 30% AMI Rent
Housing Totals
Total Units Planned on
Site 31
Housing Details
Fair Housing Marketing Plan
Is there a Fair
Housing
Marketing Plan
for the proposed
project or will
one be in place
before
marketing?
Yes
Who will be the
property manager
for the project?
The Schuett Companies will be the property manager partner for The Community Corner.
Housing Choice Vouchers
Will Tenant
Based Housing
Choice Vouchers
be accepted by
the project?
Yes
Income Averaging
Does the project
include income
averaging?
No
Are you
preserving and/or
rehabbing
existing
affordable
housing?
Yes
Describe the risk of these units no longer being affordable. Consider
New market rate developments and/or rising rents in the project area
Signs of cultural displacement
Recent displacement of residents near the project
The 4-unit complex situated at 1510 69th Ave is currently occupied by three residential tenants. The property
was sold by an owner-occupant who sought to relocate following civil unrest after Daunte Wright's tragic
incident. We recognize the potential for market rate rent conversion when a property enters the market. In
our commitment to upholding affordability, we acquired this property, thus expanding our capacity to offer a
greater number of deeply affordable units. To address this transition, we've included a comprehensive
relocation plan in our financial planning. To prevent displacement, we've allocated funds to cover the rent
difference over a 5-year period and all associated moving costs. Our collaboration with both tenants and The
Schuett Companies (Property Manager) aims to ensure that current tenants secure superior housing
accommodations.
The current landscape, with increasing interest rates, is leading many investors holding affordable rental
properties to sell. Subsequent buyers will likely need to raise rents due to higher interest rates, potentially
displacing tenants unable to afford the higher rent rates. An example of this trend is Humboldt Court at 6813
Humboldt Ave, located just steps away from our project site, which was recently listed "off market.
(4,000 characters)
Describe the extent of the rehab or remodeling needed on the existing building.
The project is a new development. The project site contains two addresses 1510 & 1500 69th Ave Brooklyn
Center, totaling 1.03 acres. Both sites are adjacent to each other. The site, 1510 was acquired by J & k
Legacy Properties (Entity owned by the Sponsor/Guarantor) in May of 2023. The site 1500 69th has been
owned by New Generations for more than 24 months. Both sites will be conjoined and reacquired by a TBD
legal entity (entity related to Sponsor/Guarantor) for the development of the Community Corner. No site work
has taken place however, within the next 12 months we plan to demolish both buildings, prep the site and
start construction.
(2,000 characters)
Housing Outcomes
Describe how the project will create or preserve affordable housing.
We are bringing 31 equitable units with 27 of the units affordable at 30% AMI to a disadvantaged group and
community that will remain affordable for 40 years, this is per MHFA’s funding contract and our project
team's commitment to affordability.
Targeting Veterans and individuals that are experiencing homelessness or may have physical or
developmental disabilities. To accommodate the demographic all 31 units will be built to “Type A” design
standards. Touchstone (WBE owned) provides culturally specific services, hiring people of color to reflect the
population of the person(s) served in the community. Targeting individuals who are homeless or living in
placement settings by working directly with coordinated entry, CADI case managers and multiple social
organizations. Throughout their 40+ years of experience they have provided an innovative, person centered
approach fostering hope and wellbeing in the communities they serve.
We envision creating sustainable, affordable, quality living space for Veterans and individuals within the
following populations:
People with Severe substance abuse disorder(s)
People with mental illness leaving treatment
People Experiencing Chronic Homelessness
By creating housing that is affordable and having a service provider on site that can provide culturally
appropriate services to individuals that need them. We will create opportunities for individuals to live
independently and engage with the community. We plan to change the narrative by setting a new standard
as to how affordable housing should look and bring value back to the community.
(2,000 characters)
Describe how this project is helping to meet the city's affordable housing goal. The affordable housing need
number is in the interactive online data tool.
According to LCA Project Data Profiles there is a need for 103 housing units that are affordable at 30% AMI
in Brooklyn Center. In our Tract only 9.9% of housing units are affordable at 30% AMI and according to
Metropolitan Councils, 2016 housing stock estimate no publicly subsidized units for people with disabilities
existed in Brooklyn Center. Therefore, there is a need in the community for affordable housing. Within our
tract 70.5% are people of color and 37.5% of households are cost burdened, which is 10.4% higher than the
region's average. Only 9.9% of the housing stock is affordable to households at or below 30% AMI indicating
a dire need for deeply affordable housing at 30% AMI.
As previously mentioned, Humboldt Court, positioned at 6813 Humboldt Ave just a short distance from our
project site, has recently been listed without being publicly marketed. This situation raises concerns about a
potential market-oriented transformation, which could result in the displacement of existing tenants unable to
meet market-level rents. Our endeavor involves establishing enduring deeply affordable housing,
underscored by a 40-year commitment to affordability. We're operating in an environment where property
owners in the vicinity are inclined to sell, a sentiment tied to the aftermath of the civil unrest surrounding
Daunte Wright's tragedy. This trend is also evident in the sale of 1510 69th Ave, where the seller's decision
was notably influenced by the same civil unrest, thereby adding another layer of uncertainty regarding a
possible shift toward market-rate rentals. Its is evident that the Community Corner aligns with the City's
affordable housing goals.
(2,000 characters)
Describe how the project provides housing for people who face barriers accessing safe, affordable housing.
We are developing housing specifically designed to serve marginalized groups, including veterans,
individuals with physical or mental disabilities, and those experiencing homelessness. Our primary focus is
on individuals with incomes at or below 30% of the Area Median Income (AMI). The Community Corner
project will be located in an area where 70.5% of the population consists of people of color, and
approximately 43.2% of homeless veterans identify as people of color. Within this area, 37.5% of households
are also burdened by high housing costs.
To address racial disparities, our team is implementing a comprehensive set of policies and strategies that
encompass all levels of the company and development process. This begins with a flexible tenant selection
plan, maintaining affordable rents at or below 30% of AMI, implementing an affirmative action plan, offering
culturally specific services, and accepting housing subsidies. We've also taken steps to empower the
demographic we're serving by assembling a development team that reflects and represents the community,
ensuring equitable outcomes. The Sponsor/Guarantor (New Generations LLC), Developer (Victoria Yepez),
and Architect (Mobilize Design) are all individuals of color with experience working directly with the targeted
populations.
Our overarching goal is to form partnerships with other organizations that share The Community Corner's
objectives. We're actively engaged in discussions with DEED, Brooklynk, & Hennepin County, exploring
collaboration for workforce development in Brooklyn Center. Additionally, we seek support from key figures
such as Jeffrey Lunde, our district's commissioner, Senator Hoffman, and April Graves. The Community
Corner project revolves around bringing strategic partners to the table who can contribute value and equity to
the revitalization of the Daunte Wright Community.
(4,000 characters)
Describe how the project best meets the needs of future residents. Consider
project design
programming for residents
project location
The Community Corner was designed from within, as our core development team are people of color who
have experienced adversity and can relate to the demographic we are serving. Intentionally building
affordable equitable housing in a tract where 70.5% of the community are people of color and 37.5% are cost
burdened. We have Incorporated units that have income limits at or below 50% AMI which provides flexibility
for tenants if their income fluctuates. Empathizing with key stakeholders and collecting data from our
community engagement sessions ensures that we are building what the future residents and community
members need. We have received feedback around project design, timing, progaming, and affordability from
key stakeholders. Forming strategic partnerships with other organizations, such as Intentions, LISC,
Touchstone that work within the community to provide services that align with future residents is also a part
of our strategy. LISC, our community engagement partner, has since conducted two community engagement
sessions around the project concept and design.
Based on feedback around accessibility from our engagement sessions we have decided to make all units
“Type A” accessible which will broaden the outreach of individuals we can house. On the 4th floor we have
concluded that we will have a “health and wellness” theme.
Our aim is to design a space that fosters well-being and vitality. Recognizing that our intended audience
might face challenges related to mental or physical health, establishing an environment that promotes
healing is of paramount importance. This area will encompass amenities such as a fitness center, communal
gathering spaces, an outdoor garden, and as we progress with more inclusive engagement involving key
stakeholders, we will refine this space further.
Incorporating a workforce center on the ground level of the development, coupled with vocational
rehabilitation services, will create a pathway towards economic opportunities and stability for both future
residents and members of the community.
Through a partnership with Touchstone, an organization committed to nurturing hope, health, and well-being
for individuals with mental illnesses, we're collaboratively shaping an inclusive atmosphere. Together, we're
striving to establish an environment that embraces and validates all individuals. Touchstone's leadership is
dedicated to enhancing cultural competence across their organization, offering tools and training for working
with individuals with limited English proficiency, and strengthening internal pathways for employee
recruitment and retention. The synergy between future residents and staff is pivotal in crafting a welcoming
space that fosters a sense of belonging and community.
Our collaborative efforts with community partners, coupled with diligent outcome measurement, will serve to
monitor and address any disparities in housing outcomes. This strategy ensures that future tenants have
equitable access and their voices are not only heard but valued.
(4,000 characters)
Explain how you will keep affordable units affordable for a minimum of 15 years.
The Community Corner is fully committed to a 40-year term of affordability. This pledge will be established
through a deed restriction, aligning with the requirements of other funders, such as MHFA. Moreover, this
commitment resonates deeply with the core mission of the development team—to forge an equitable,
sustainable, and affordable housing venture that enriches the community it serves. By forging strategic
alliances with MHFA, Hennepin County, Met Council, and distinct municipal funding sources, we are poised
to uphold affordability for four decades. We've secured 8 VASH vouchers from Metro HRA and garnered a
commitment from Hennepin County Housing Support to furnish subsidies, reinforcing our ability to maintain
affordability. In this project, a permanent mortgage won't be in place, and all debt will be deferred without the
burden of payment, thus furthering our ability to sustain affordability. Our operating budget dedicates an
annual sum of $24,000 to augment our service budget, guaranteeing adequate tenant services. Through a
4D property tax designation, we secure a 40% tax deduction. Additionally, the integration of solar power will
offset common area utility costs and reduce greenhouse gas emissions. To preserve affordability thorough
project feasibility planning has been undertaken. By expanding on our partnership with the Metropolitan
Council, our project is positioned for successful completion.
(2,000 characters)
Describe how the project helps to further equitable outcomes and reduce disparities in housing access? Refer
to the evaluation explanations and data profile as you answer this question.
In order to further equitable outcomes and address racial disparities, our team has formulated a
comprehensive set of policies and strategies that will be integrated across all levels of the company and the
development team. We're starting with a flexible tenant selection plan, maintaining affordable rents that
range from 30%-50% of the Area Median Income (AMI), implementing an affirmative action plan & Fair
Housing Marketing Plan, offering culturally specific services, and accepting housing subsidies.
Furthermore, we've taken steps to empower the demographic we're serving by assembling a development
team that mirrors and represents the community it serves. The Sponsor/Guarantor, New Generations LLC,
the Developer, Victoria Yepez, the Service Provider, Touchstone Mental Health, and the Architect, Mobilize
Design, are all individuals from diverse backgrounds and possess extensive experience working with the
specific populations we're targeting. Our overarching objective is to establish strong collaborations with other
organizations that share The Community Corners' goals.
We're actively engaged in discussions with DEED, Brooklynk, and Hennepin County to align our efforts for
workforce development in Brooklyn Center. Gaining the support of individuals such as Jeffrey Lunde, our
district's commissioner, Senator Hoffman, and April Graves is crucial. The core mission of The Community
Corner revolves around forging strategic partnerships that can contribute value and equity to the
revitalization of the Daunte Wright Community.
Brooklyn Center boasts a tenant resource guide and a tenant protection ordinance, which halts any changes
to lease terms for a 90-day period upon the sale of a property with 3 or more units. This provision allows
tenants ample time to relocate. Violation of this ordinance by a new owner incurs responsibility for relocation
expenses. Unlike a crime-free drug-free lease addendum requirement, Brooklyn Center's housing regulations
result in fewer obstacles for housing access.
Schuett Companies, our chosen property management partner, is a family-owned business specializing in
the management of affordable housing. We joined forces with Schuett due to their adaptable approach in
implementing a tenant selection plan that doesn't create entry barriers for housing. Their grasp of compliance
matters and cultural sensitivity further solidified this partnership. The imperative was to have a property
manager aligned with our vision of accommodating residents from diverse cultural backgrounds,
demonstrating understanding and adaptability to help establish accessible and equitable housing.
(4,000 characters)
Permanent Full-Time Jobs
Job Title Job Category New or
Retained
Annual Wage # Jobs,
this Job
Title
Full-time jobs
at a Living
Wage
Youth Lead Coffee Shop
( Intentions) Management (11-0000) New FT
job
Under
$55,500/year 2.0 0
Intentions Programing Business and Financial
Operations (13-0000)
New FT
job
Over
$55,500/year 2.0 2.0
Youth programming (
Intentions)
Community and Social
Services (21-0000)
New FT
job
Under
$55,500/year 3.0 0
Under
$55,500/year 0 0
Workforce Center ( New
Generations)
Business and Financial
Operations (13-0000)
Retained
FT job
Over
$55,500/year 2.0 2.0
Workforce Center ( New
Generations)
Community and Social
Services (21-0000)
New FT
job
Under
$55,500/year 6.0 0
Over
$55,500/year 0 0
Over
$55,500/year 0 0
New Generations LLC (
Regular Operations)
Business and Financial
Operations (13-0000)
Retained
FT job
Over
$55,500/year 14.0 6.0
Over
$55,500/year 0 0
Touchstone Mental
Health
Business and Financial
Operations (13-0000)
Retained
FT job
Over
$55,500/year 2.0 2.0
Touchstone Mental
Health
Personal Care and
Service (39-0000)
New FT
job
Under
$55,500/year 2.0 0
Permanent Part-Time Jobs
Job Title Job Category New or
Retained
Annual Wage # Jobs,
this Job
Title
Part-time jobs
at a Living
Wage
Youth Lead Coffee
Shop (Intentions)
Food Preparation and
Serving Related (35-
0000)
New part-time
jobs
Under
$55,500/year 12 0
Schuett Companies (
Property Manager) Management (11-0000) New part-time
jobs
Under
$55,500/year 1 0
New Generations Personal Care and
Service (39-0000)
Retained part-
time jobs
Under
$55,500/year 11 0
Calculated Totals
Total Full-Time Jobs
(Permanent) 33
Total Jobs (Permanent) 57.0
Total Part-Time Jobs
(Permanent) 24.0
Total Living Wage Jobs 12.0
(Permanent)
Economic Opportunity Details
Does the City
have hiring and
procurement
goals for hiring
local workers
and/or
disadvantaged
businesses?
Yes
Commercial Space
Does this project
include
commercial,
industrial, or
office space?
Yes
How many
square feet? 8255
SQFT
Have you
secured any
tenants for the
commercial,
industrial, or
office space?
Yes
Who will be
located in the
space?
New Generations LLC ( 100% BIPOC owned) will occupy and run the workforce center
(5,055 SF), Intentions a local non profit will occupy and both space for youth
programming and a youth lead coffee shop (2,140 SF & 1,060 SF).
(500 characters)
If you are preserving jobs, what is the risk of those jobs going away without this project?
The Community Corner is set to generate new employment opportunities while also safeguarding current
jobs. It is projected that approximately 78 jobs will be retained during the building's construction, and we are
committed to adhering to the Davis Bacon and prevailing wage regulations to ensure fair compensation for
workers. Our general contractor, Doran, will collaborate with local disadvantaged business enterprises
(DBE’s) to enhance their capabilities.
Among the preserved positions are those held by members of the development team, including BIPOC-
owned DBE’s like VY Management LLC, New Generations LLC, Mobilize Design & Architecture, and
Renewable Energy Partners. Additionally, our partners, namely Doran Construction, Schuett Companies, and
Touchstone Mental Health, will also contribute to job preservation. Given the current economic climate, local
disadvantaged business enterprises (DBEs) face an elevated risk of shutting down.
To further enhance employment prospects, a workforce center will be integrated into the commercial area, overseen by New Generations. We are
actively establishing strategic alliances with local businesses, organizations, and political figures such as DEED, Brooklynk, Hennepin County,
Commissioner Jeffrey Lunde, Senator Hoffman, and April Graves. The goal is to establish an equitable workforce center that offers well-paying
jobs across various industries. Our nonprofit partner, Intentions, will also furnish employment services, expecting to create 14 new positions
through a youth-led coffee shop initiative in collaboration with Brooklynk. This will subsequently open up additional employment avenues for
young individuals through guidance and supplementary training.
(4,000 characters)
Economic Opportunity Outcomes
Describe how the project is going to support economic opportunities for residents in the project area or
living/working in the future development. Including but not limited to
Jobs or job training created through the project
How the business model supports wealth building
The long-term goal of the project
Do not describe housing outcomes in this section.
An integral aspect of the Community Corner's design involves including an on-site workforce center. Within
this center, New Generations LLC (a 100% BIPOC-owned Disadvantaged Business Enterprise) will expand
its range of services to encompass Vocational Rehabilitation, career counseling, training, and employment
assistance for both community members and residents. By collaborating with local small businesses and
entrepreneurs, their aim is to facilitate the alignment of local individuals' skills with suitable job opportunities.
The primary goal is to address the needs of underserved groups within the community, providing them with
customized career resources and training to promote fairness in outcomes. Establishing a local workforce
center within a 5-minute walking distance of numerous residences aims to enhance employment prospects in
a community where the unemployment rate is 5.4% within that area.
We have established a partnership with Intentions (100% BIPOC-owned WBE), a nonprofit organization
dedicated to offering high-quality programs for both youth and their families. As part of our initiative, they will
play a pivotal role in creating job opportunities through a youth-managed coffee shop that will be seamlessly
integrated into the development. Utilizing the coffee shop, Intentions will harmoniously integrate their
program, which imparts essential employment readiness skills to young individuals, nurtures character
development, instills ethical values, opens avenues for youth employment and entrepreneurship, provides
mentorship support, and equips participants with the skills needed to pursue their academic and professional
ambitions. It's worth noting that Intentions places special emphasis on assisting at-risk youth in Brooklyn
Center and Brooklyn Park, forging close partnerships with local schools. This collaboration holds significant
importance, particularly given that over 70% of K-12 students in Brooklyn Center identify as belonging to
diverse racial backgrounds.
Stable housing lies at the heart of various challenges, serving as a fundamental determinant for employment
opportunities, health, education, community development, and numerous other factors. The connection
between stable housing and employment is highly interconnected, as they mutually influence one another.
The provision of 31 deeply affordable housing units in itself creates a pathway for accessing employment
opportunities
(4,000 characters)
Describe how the project will create or preserve jobs and/or training opportunities in
environmental sustainability, technology, healthcare
industrial fields local
job growth priorities
New Generations will provide vocational rehabilitation services, career, and employment services in the
workforce center to the community and tenants. They will partner with local small businesses to meet their
employment needs assisting with aligning local community members with jobs. Targeting underserved
populations within the community to align them with the proper career resources and training to create
equitable outcomes through employment opportunities within key industry sectors including but not limited to
technology, environment, entrepreneurship, production,vocational rehabilitation, medical services & health
care.
The Community Corner is expected to create 33 FTE equivalents from the commercial space alone and
pathways for other employment opportunities. Within the tract 70.5% of people are people of color and New
Generations specializes in creating culturally specific programming, specializing in the African American
community, with 39.2% of people identifying as African American.
The Project will retain 78 jobs from the construction of the building, and in addition, it will have a positive
impact on local employment, generating job opportunities within the community. It is anticipated to result in
22 FTEs distributed between the workforce center and the addition of extra staff members devoted to
connecting tenants with necessary services.
New Generations takes on individuals eligible for DHS employment, reserving background assessments for
those seeking a chance to contribute to the community anew. They firmly believe in harnessing the strength
of peer support to provide hope and assistance to individuals who share similar life experiences. In our tract,
the unemployment rate stands at 5.4%, notably higher than the City’s rate of 3.4%. By establishing cost-
effective supportive housing and establishing a workforce center capable of aiding both tenants and the
wider community, we aim to rejuvenate this corridor, addressing disparities that currently prevail within the
Community.
Our partner General Contractor, Doran, will collaborate with Renewable Energy Partners (REP), a local
100% BIPOC-owned enterprise specializing in environmental sustainability services. They will oversee the
installation of solar panels and EV charging stations. A pivotal part of our strategy involves involving local
BIPOC businesses such as REP, which in turn enhances their capacity and advances equitable outcomes.
Brooklyn Center is attuned to the significance of providing space for entrepreneurs within the city. As outlined
in their 2040 plan, conventional retail spaces are on the decline, resulting in gaps and vacancies due to
major retailers departing. However, this scenario also creates avenues for establishing small businesses and
forming retail districts, aligning with the new zoning regulations. The city aims to encourage work/live
environments and local employment for residents. With a projected growth of 2,200 new households in the
next two decades, there will naturally be an increase in job opportunities. Industries such as production,
distribution, repair services, education, and medical services are highlighted as primary sources of
employment within the city. The Community Corner's workforce center and youth employment cafe, coupled
with youth programming, will collectively promote current and future entrepreneurship, significantly bolstering
local employment opportunities, with a primary focus on small businesses.
(4,000 characters)
Describe how the project helps to further equitable outcomes and reduce disparities in economic opportunity.
Refer to the evaluation explanations and data profile as you answer this question.
The Community Corner’s commercial space will be composed of the following: 5000 SF of commercial space
that will be a workforce center, 2140 SF of programming for youth, and 1060 SF for a youth lead coffee shop.
New Generations is partnering with Intentions, a 501c3 nonprofit organization whose mission is to partner
with the community to provide quality programs for youth and their families. Intentions will use the coffee
shop to align with their programming teaching youth employment readiness skills, building character, moral
values, creating opportunities for youth employment & entrepreneurship, mentorship support, and skills to
pursue their educational and professional goals. Intentions emphasize working with troubled youth in
Brooklyn Center and Brooklyn Park, partnering with local schools.
Intentions programming and partnerships aim to help youth and their families gain confidence and
knowledge in 10 core areas of life. Targeting troubled youth in a corridor that was affected by the civil unrest
that occurred after the killing of Daunte Wright helps bring Hope back to the community.
Education
Financial Literacy
Self Awareness/Care
Service Learning
Health and Fitness
Character Development
Sparks Exploration
Performing Arts Exploration
Career Development and Exploration
Family Support
The Community Corner’s workforce center is strategically positioned in an area where there is a high
concentration of people of color and disparities. Providing culturally appropriate employment & vocational
rehabilitation services will help revitalize the community and bring equitable opportunities back to the
community.
The Community Corners commercial space will encompass both a workforce center & youth programming.
Establishing a culturally specific workforce center in a tract where unemployment rates exceed those of the
City, and where 70.5% of residents are people of color, is a method aimed at diminishing inequities that exist.
Intentions will occupy space for both youth programming and a café. Their efforts are directed toward aiding
at-risk youth in grades K-12, offering mentorship and guidance to families as they navigate various systems
to establish stability. The youth coffee shop will serve as a platform for imparting employment skills and
opportunities to young individuals. Through these partnerships the Community Corner will create long term
impact for years to come.
As previously stated, our project team is composed of several BIPOC Disadvantaged Business Enterprises
(DBEs), and this endeavor serves as a pathway for the up-and-coming development team. Beyond
enhancing the capacity of the development team's DBEs, this project also creates equitable outcomes for the
community we are serving, through sustainable affordable housing, workforce opportunities, and youth
programming. The very essence of this project is grounded in the principles of equity, specifically designed to
open doors for emerging BIPOC developers who have historically faced barriers due to limited
predevelopment funding, guarantees, and experience. Our combined talents, resources, and culturally
attuned insights form the cornerstone of the project's foundation. The Community Corner not only offers
opportunities for wealth creation and ownership among our project team of emerging BIPOC developers but
also paves a progressive pathway for their continued growth within this field.
(4,000 characters)
Density and Intensity
What is the FAR
(Floor Area Ratio)
of the building?
0
If your project
includes housing,
what is the
DU/AC (Dwelling
Units per Acre)?
3.13
Please list how
many parking
spaces you will
include per unit
and/or per square
foot of
commercial/office
space and note if
the spaces will be
surface,
underground, or
structured.
31 STALLS (1 STALL PER DWELLING UNIT) -Surface level
16 STALLS (OFFICE SPACE) Underground
6 STALLS (COMMERCIAL Youth Programing) -Underground
8 STALLS (COMMERCIAL Youth Programing-Surface Level
17 STALLS (COFFEE SHOP)
78 TOTAL STALLS
(500 characters)
Development Outcomes
Describe how the project will increase density or activity at the site.
The Community Corner will exceed the residential density of the census block group. The census block is
3.13 DU/Acre, while the proposed development is 31 Dwelling Units/Acre (Census block data from CNT.org
as outlined in EGCC Guide). We are aligning with the City and communities goal by bringing deeply
equitable affordable housing, a workforce center and youth programming to the corridor.
The workforce center and youth employed cafe will maximize the job intensity within the tract, by not only
maintaining jobs, but increasing the access to employment for future residents and community members.
Whereas the existing space is currently used as office space by New Generations, this project along with
strategic partnerships with the County & DEED will enable their expansion into employment & vocational
rehabilitation services, which will overall provide increased activity and access to employment within the
tract, to underserved individuals. We are accompanying that with deeply affordable housing to maximize the
density of the site and align with City’s future zoning goals for the corridor.
This project serves to be the first on the corridor that aligns with the City’s 2040 goals and new zoning code.
The City wants to increase walkability and promote small local retail shops. This project looks to reshape the
landscape and create equitable outcomes through workforce, youth programming, and housing. Connecting
the tenants and community with resources will be at the core of this project.
(2,000 characters)
Describe how the project will add retail, commercial space, or housing types in the area to help meet the needs
of existing and/or future residents.
Emphasizing once again, the area we are serving is characterized by the following demographics: 70.5% are
people of color, 37.5% of households are cost burdened, only 9.9% of household units are affordable at 30%
AMI, 20.4% of households within the tract earn $1,250 per month or less, and higher levels of racial
disparities in home ownership within the tract.
The commercial space in the building will encompass 8,255 square feet, making up approximately 18.44% of
the total area. This space will be divided into three distinct purposes: a Workforce Center occupying 5,055
square feet, a Youth Programming Space covering 2,140 square feet, and a Youth-Led Coffee Shop
spanning 1,060 square feet. These spaces will be accessible to both the community and the general public,
which will increase activity around the project site. Given the predominantly residential character of the
surrounding area, this project will extend commercial accessibility by incorporating a local workforce center
and a youth-run café, thereby promoting connectivity for future residents and the nearby community.
Creating 31 units of deeply affordable housing, with 27 of those units being affordable at 30% AMI, is in direct
response to a recognized need within the tract, as indicated by LCDA project profiles. These units will adhere
to Type A design standards to ensure accessibility for individuals with potential disabilities. Furthermore, the
project will integrate over 6,000 square feet of amenity space and outdoor areas for tenant use, designed
with a focus on "health and wellness." This will serve as a secure gathering spot for members of the housing
community to come together and interact. The space will also be employed for programming specifically
tailored to residents' needs.
(2,000 characters)
Describe how the project makes it easier for people to walk, bike, or roll to and from the site and/or if the project
will connect to existing trail networks.
The Community Corner encourages walking, bicycling and the use of transit, which are major goals for the
City, thus creating developments that are aligned is a priority. Building design will play a key role in
sustainability having accessible walkways, multiple entrances, outdoor lighting, and proper landscape are
examples of the elements that need to be addressed in design to encourage walkability, transit use and
bicycling. Within the project we understand that creating space for bicycle storage is necessary along with
having adequate green space. Patio space will be located on the east and south sides of the building,
allowing for public & resident recreation space. Energy efficient lighting on the exterior along with sustainable
and esthetically pleasing landscaping will surround the building. Large glass windows and doors will
surround the commercial space to ensure visibility and accessibility. The landscaping surrounding the project
site will be designed with sustainable plants. We also plan to incorporate public culturally appropriate art,
working with local artists for both the interior and exterior of the building.
We are incorporating “type A” units and elevator building all designed for accessibility, tailored to suit the
needs of our target demographic which was brought up by key stakeholders from our community
engagement sessions.
An express bus route is adjacent to the property and it’s within a 5-minute walkshed around high frequency
and express bus routes. To address transportation needs, Touchstone will coordinate with metro mobility
services for tenants requiring transportation support.
In addition, 31 private bike stalls and 6 public bike stalls will be included in the design to encourage
walkability and promote sustainable modes of transportation. The demographic the housing is servicing is
expected to have minimal cars, although one parking stall per unit will be provided as required by the City.
(4,000 characters)
Describe how the project helps to further equitable outcomes in access to services and amenities. Refer to the
evaluation explanations and data profile as you answer this question.
The Community Corner provides great opportunities for both biking and the use of Metro transit. The project
will be located on the corner of 69th ave and Humboldt across from a gas station and the shopping center
housing various businesses. Surrounding the site are residential neighborhoods of single family homes and
multi-family apartments. It is also located just a block away from the Brooklyn Center Police Dept and
Brooklyn Center High School. The city sidewalk and bike paths lead directly to the Shingle Creek Regional
Trail that offer connection to the prized Palmer Lake Park as well as a series of bike paths leading all the way
through Minneapolis and beyond. We are incorporating public and private bike storage to encourage biking
as a means of transit.
An express bus route is adjacent to the property and it’s within a 5-minute walkshed around high frequency
and express bus routes. It is also less than one block away from the Diversified job and activity center, which
provides easy access to many different employment opportunities to the residents, one of which is Medtronic.
The project is conveniently located within the close proximity to the following; Value Foods African Market -
0.2mile, New Horizon Academy(child care center) - 0.1mile, Palmer Lake Park - 0.5mile, Evergreen Park -
0.6mile, Bus Stop (Humboldt Ave N & 69th Ave N) - 0.1mile, Brooklyn Center Police Department - 0.2mile,
Brooklyn Center High School & Health Resource Center - 0.7mile.
New Generations LLC will expand their scope to provide Vocational Rehabilitation, career, training and
employment services to the community and tenants. Intentions, our nonprofit partner ’s mission is to provide
quality programs for youth and their families.Intentions will use the coffee shop to align with their program
methodology that teaches youth the following: employment readiness skills, building character, moral values,
creating opportunities for youth employment, mentorship support, and skills to pursue their educational and
professional goals. Intentions emphasizes working with troubled youth in Brooklyn Center and Brooklyn Park
by partnering with local schools, of which over 70% of students (k-12) in Brooklyn Center identify as people
of color.
Bringing resources to the nearby community such as workforce and youth employment services will add
value to the surrounding residences with 37.5% of households being cost burdened, making employment
resources accessible to the surrounding community. In addition the Youth Cafe will provide jobs and place for
community connections.
(4,000 characters)
Project Outcomes: Environment and Livability
Environment and Livability Details
Environmental Requirements
Are there local
environmental
requirements that
apply to the
project site?
Yes
Briefly describe all applicable requirements.
We are constructing an area characterized by environmental justice concerns, indicating that marginalized
communities, particularly those economically disadvantaged or belonging to minority groups, experience an
unequal impact from environmental hazards, pollution, and adverse environmental conditions. With that
understanding, we are creating inclusive housing and establishing access to resources like workforce and
youth employment in a region marked by substantial disparities. It is our responsibility to surpass
sustainability norms to promote fairness for forthcoming residents and the community. We are achieving this
by surpassing MHFA's green community requirements, adhering to SB2030 standards, incorporating solar
energy, photovoltaic water heaters, and electric vehicle charging stations and more. Our commitment to
equitable outcomes extends to addressing environmental justice issues in places with high concentrations of
marginalized groups. Brooklyn Center requires a park and dedication fee for development projects which
helps support the creation or improvement of public parks and recreational facilities within the city. In the
City's 2040 plan they outline the following goal:
The City Outlines: Community Image, Economic Competitiveness & Stability Goal to 2:
Supporting the development of sustainable , resilient and accessible neighborhoods in the City center
that reinforce the City's commitment to its diverse residents, neighborhoods and businesses.
Encourage developers to incorporate innovative sustainable site design elements that introduces and
reestablishes green space in the city center and adjacent redevelopment areas.
Identify opportunities that incorporate green infrastructure into existing redevelopment areas of all types
of development.
(2,000 characters)
Building Standards
Is the project
following green
design guidelines
and/or meeting a
green building
standard?
Yes
Describe the
green building
standards
including
whether any
certification will
be pursued.
As mentioned above The Community Corner is exceeding MHFA green communities
requirements by triple the points they require. The building will be designed using SB
2030 standards, incorporating solar panels, EV Charging stations, smart tubing,
photovoltaic water heaters, increased electrical capacity within units, using energy
efficient & sustainable building materials. The project will comply with the requirements of
Energy Star Residential New Construction Program through the 2. ASHRAE Pathway.
Any risks that exist within the ground will be mitigated, furthering equitable practices
around sustainability in areas where there are high concentrations of people of colors.
(1,000 characters)
Open Space
Is the project
creating open
space?
Yes
Briefly describe
any open space
the project is
adding.
The entire 4th floor of the project is designated as amenity space for the future residents
consisting of 3,960 SF (8.8%) of outdoor deck space and 6,000 square feet (13.4%) of
indoor amenity space. Our intention is to create a curated environment that prioritizes
health and well-being. Given that our target demographic may face challenges related to
mental or physical disabilities, it's essential to have a space that embraces healing
aspects. This dedicated area will feature a gym, community gathering spaces, and an
outdoor garden. In addition on the east and south side of the buildings patio space will be
accessible for public use. Green landscaping will surround the building.
(1000 characters)
Briefly list the
nearest local or
regional parks
and/or trails and
distance from the
project.
The Community Corner is located at 1500 69th Ave N, Minneapolis, MN 55430
Palmer Lake Park / Palmer Lake Environmental Nature Area
2800 69th Ave N, Brooklyn Center, MN 55430
0.5 miles from project site
Evergreen Park
7112 N Bryant Ave, Brooklyn Center, MN 55430
0.6 miles from project site
Centennial Park
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430
1.3 miles from project site
Shingle Creek Trail Park
Shingle Creek Trail Park, Brooklyn Park, MN 55443
2.2 miles from project site
(1,000 characters)
Environment and Livability Outcomes
Describe how the project will make it easier to get to local and regional parks and trails. Think about the
physical design of the site and/or partnerships for park programming.
The Community Corner is surrounded by numerous residences, with the nearest point to Evergreen Park
being 0.3 miles away from the project site. This is the driving force behind our endeavor to introduce
accessible outdoor space surrounded by green landscape. Additionally, we are incorporating youth-oriented
programming and an outdoor rooftop garden to enrich the corridor. By integrating deeply affordable housing
with a rooftop garden, we extend green space access to forthcoming residents who have confronted
substantial economic obstacles. Our partner, Intentions, focuses on youth programs and has extended
collaborations beyond local schools, collaborating with park boards to utilize community spaces for youth-
oriented activities, thus fostering green space utilization. With ambitions to expand, they aim to bring these
programs to the project site, integrating youth employment opportunities through a youth-led cafe.
Furthermore, they conduct workshops guiding and motivating young individuals on planting and cultivating
wholesome food in local community gardens.
(4,000 characters)
Describe how the project will minimize greenhouse gas emissions.
The Community Corner was designed with sustainability in mind. Benefiting from convenient access to high-
frequency transit within a 5-minute walk radius, secure bicycle storage, and proximity to employment and
activity hubs, The Community Corner will support walkability and reduce reliance on automobiles, thereby
curbing emissions of greenhouse gasses. Our sustainability objective within this project is to promote
sustainable behaviors, diminish inequities, enable local employment opportunities, generate jobs, and
decrease the necessity for vehicle commuting.
We're integrating environmentally conscious construction methods into the design, this entails the
incorporation of solar panels, EV charging stations, adhering to SB 2030 standards, and exceeding MHFA
Green Communities requirements. Allocating space for bike storage encourages alternative transportation
methods, while ensuring a 5-minute walkshed enhances walkability. These combined efforts will collectively
lead to reduced greenhouse gas emissions. All of this is to encourage sustainable practices, decrease
disparities, empower working close to home, create jobs and decrease the need for driving.
By creating a mixed-use space that encompasses deeply affordable housing, workforce center & youth cafe
we are doing three things; 1.) Creating opportunities for new jobs, while retaining jobs; 2.) bringing
accessible-retail and services into the community; 3.) Cutting down on greenhouse emissions by creating the
opportunity for people to drive less by using transit services, walking and bicycling. This will all be prevalent
in the design of the building, which must encompass outdoor greenspace, accessible walkways, and LED
exterior lighting. We will incorporate 31 private bike stalls into the design with 6 public bike stalls to
encourage less driving.
(4,000 characters)
Describe how the project is conserving natural resources. Consider
sustainable site design
reuse of an existing building or building materials
The Community Corner aims to lead the way in sustainability within the corridor. In the project's scope, 21%
of the site will be pervious, a requisite driven by the City's need for sufficient parking, given the existing 37%
pervious surface on the site. To counterbalance this, we will partner with the local watershed district to secure
a grant for storing rainwater runoff from the rooftop community garden, facilitating future reuse.
The landscape encircling the building and the community garden will contain indigenous plants that
necessitate minimal maintenance. We intend to employ sustainable methods to maintain the greenspace
within the project, complemented by natural cleaning agents for the common areas of the building.
Construction will adhere to SB 2030 criteria, incorporating elements like solar panels, electric vehicle
charging stations, smart tubing, photovoltaic water heaters, enhanced unit electrical capacity, utilization of
energy-efficient and sustainable construction materials, and adherence to MHFA's Green Communities
Guidelines. We will address potential subsurface risks, advancing equitable sustainability practices in areas
densely inhabited by individuals from diverse backgrounds. We are also committed to minimizing waste by
recycling surplus materials from both demolition and construction phases.
(4,000 characters)
Describe how the project will minimize negative environmental impacts on people who will live and/or work at
and around the site.
The Community Corners design is strategically tailored to minimize environmental impacts, ensuring a
sustainable and healthful living and working environment for future residents and employees. Located in
Qualified Census Tract (QCT) and an environmental justice area underscores the project's commitment to
fostering sustainable living and working environments while addressing historical disparities. The project
incorporates a range of sustainable features that collectively reduce its carbon footprint. The utilization of
energy-efficient appliances, LED lighting, and advanced HVAC systems not only decreases energy
consumption but also curbs greenhouse gas emissions. Furthermore, the integration of solar panels into the
infrastructure harnesses renewable energy, decreasing reliance on conventional power sources and
promoting a cleaner energy mix. Water conservation is paramount, with low-flow fixtures and rainwater
harvesting systems contributing to a substantial reduction in water usage. Native landscaping not only
beautifies the surroundings but also demands minimal water and upkeep, creating a harmonious blend of
aesthetics and sustainability.
The project's location fosters reduced car dependency by being conveniently connected to public
transportation networks and emphasizing walkability. This approach not only mitigates traffic congestion and
associated emissions but also encourages healthier modes of commuting. Additionally, bike storage facilities
support alternative transportation methods, promoting both physical activity and reduced pollution. The
incorporation of a green rooftop garden enhances air quality, provides insulation, and serves as an urban
oasis that not only contributes to residents' well-being. Overall, the projects comprehensive sustainability
measures resonate beyond its immediate scope, playing a pivotal role in nurturing an environmentally
responsible lifestyle for both future residents and employees at the project site.
(4,000 characters)
Describe how the project will further equity outcomes in access to greenspace and/or address environmental
sustainability in places where residents have been most impacted by environmental harms. Explain the
environmental harms and/or barriers to accessing greenspace present in the project area.
The Community Corner is located in the environmental justice area & QCT, thus indicating that there are high areas of both poverty and people of
color, with 70.5% of people in our tract being people of color and 37.5% of households being cost burdened. Bringing not only culturally specific
affordable housing is important, but so is making sure it encompasses sustainability. This to us means constructing with sustainable measures,
encompassing sustainable materials within the building, reducing greenhouse gas emissions, and an agile building that's flexible to changes in
sustainability. We understand that in order to build in an equitable manner, we also have to look at all aspects which include prioritizing equitable
access to a clean and healthy environment for all individuals, regardless of their socioeconomic status, race, or ethnicity. This approach seeks to
address historical disparities and prevent further disproportionate exposure to environmental risks among marginalized communities.
Part of our sustainability process will encompass mitigating any risks that may have existed from previous years, this will help to clean up and
address any racial inequities that may have existed around pollution and high concentrated areas of people of color. Our collaboration with
Renewable Energy Partners (a BIPOC DBE) serves as an integral component of our sustainability strategy. Through their expertise, our
sustainability team has guided us in navigating sustainable development, introducing inventive approaches that enhance the project's resilience.
Part of creating a resilient sustainable building is also looking ahead and making sure that we incorporate a design that is flexible to change. Part
of that is using smart tubing which will enable us to update our wiring within the building as technology advances. In addition, each unit will have
the electrical capacity to be 100% electric in the near future by providing enough power to each unit. Overall, design and community engagement
are at the forefront of how we can create a resilient sustainable building.
Our project team is focusing on both sustainability and racial equity, our approach aims to address any prevailing environmental challenges while
integrating sustainable construction practices into the design. This is particularly significant as the project is located in an area with a substantial
concentration of people of color. Our plans encompass several key elements, including the implementation of solar technology, the provision of
EV charging stations, adhering to SB 2030 standards, and following the MHFA Green Communities guidelines.
(4,000 characters)
Community Need
What specific, identified need does this project address? Who benefits and how from the project? Explain how
the need was determined and who benefits now and in the future.
The conception of the Community Corner was shaped through the collaboration of various sources, including
Community Engagement, alignment with the City's 2040 objectives, insights from additional funders,
comprehensive market studies, and our project team's independent lived experience. Considering all
gathered data, we've determined a need within the tract to cater to cost burdened individuals, provide
workforce and youth services. We see
As mentioned earlier LCDA Project Data highlights the need for 103 housing units affordable at 30% AMI in
the area. Within our designated tract, a mere 9.9% of housing units currently meet the affordability criteria at
the 30% Area Median Income (AMI) level. Additionally, we are cognizant of the county-wide need for Veteran
housing, as indicated by the MN Department of Veteran Affairs. We have been awarded 8 VASH vouchers
from Metro HRA, and received a letter of support from the US Department of Veteran Affairs, affirming both
the project's support and the need within this specific area. Extending beyond just veterans, the other 23
units will be affordable for individuals with income limits between 30%-50% AMI, with the majority of units
affordable at 30% AMI. Central to our strategy is pairing these housing units with services that promote
housing equity and aid in sustaining tenancy. Our service partner, Touchstone, strongly advocates a "person-
centered" approach to care and planning. This approach ensures that each individual's unique needs are met
through a customized plan for community integration. This approach encompasses identifying the person's
strengths, goals, medical necessities, and requirements for both home-based and community-based
services, all while considering their desired outcomes. By fusing culturally appropriate affordable housing and
services, we believe we can achieve significantly improved outcomes, breaking down the barriers that often
persist in housing, income, and racial disparities.
Youth programming plays a critical role in providing positive outlets that foster hope through mentorship, thus
creating an equitable pathway for the future of the community. The community was impacted by the civil
unrest that occurred from the killing of Duante Wright and trauma from the incident impacts our youth in ways
that we can imagine. Part of our motivation in partnering with Intention is to restore hope among the
community's youth, establishing a secure environment for them to vocalize their thoughts, thrive, and
prosper.
The workforce center will be designed around cultural competency and create equitable access to
employment services in a tract that has a higher unemployment rate than the surrounding region. We see
long term impact for both future residents and the community through the project's workforce efforts in an
area that is economically challenged.
Located in a region with a significant population of people of color, there is a need to foster employment and
equal opportunities. The Community Corner will achieve this through the establishment of a workforce Center
that offers vocational rehabilitation services. Furthermore, our youth-centered programming, facilitated by
Intentions, will not only create employment prospects but also has the power to positively alter the trajectory
of their future paths.
(4,000 characters)
What steps is the City taking to address local inequities? Consider the intended impacts of
relevant local policies
efforts to implement more equitable development practices
Brooklyn Center is actively adopting equitable development strategies by engaging local entities and experts
to enhance the impartial allocation of municipal funds. This supports BIPOC, WBE, and DBE businesses,
fostering a more just investment approach.Furthermore, the City employs an equity-focused approach to
tackle historical segregation. This involves incorporating a diverse range of complementary functions within
convenient proximity. This strategy encourages accessibility, living wage employment, and encourages
entrepreneurship. It also encompasses a variety of housing options, including affordable and market-rate
units, along with accessible areas for communal gatherings, community growth, and cultural representation.
Brooklyn Center has proactively embraced an array of measures to promote equitable practices within the
community. Several notable initiatives encompass:
Affordable Housing Initiatives: Brooklyn Center has introduced policies fostering the creation of
reasonably priced housing units. Such endeavors assure that individuals with varied income levels
gain access to secure, high-quality housing, curbing economic segregation while nurturing
neighborhood diversity.
Community Engagement Strategies: Brooklyn Center actively involves residents, particularly from
marginalized backgrounds, in soliciting input and feedback on policies and endeavors. This all-
inclusive approach guarantees that the voices of the community are heard, guiding decisions with a
profound grasp of the requirements and concerns of all residents, which is also evident in their 2040
plan.
Economic Development for All: The city champions economic development initiatives that elevate
businesses owned by minorities (DBEs) and entrepreneurs. This approach cultivates a diverse
business ecosystem, contributing to a more even handed distribution of economic prospects.
Non-Discrimination Ordinances: The city has implemented extensive non-discrimination regulations,
barring bias based on race, gender, sexual orientation, religion, and other safeguarded attributes.
These regulations ensure impartial treatment across housing, employment, public services, and
communal aspects.
Inclusive Hiring Practices: The municipal administration has adopted inclusive hiring strategies
emphasizing diversity and equality. This involves actively recruiting individuals from underrepresented
backgrounds in both municipal employment and contracted services. This drive aims to construct a
workforce mirroring the community's diversity.
Accessible Public Services: Establishing just access to public amenities remains pivotal. The city's
policies prioritize the ease of use of public facilities, transport, and communal programs for those with
disabilities. This framework establishes an environment where all can fully partake in civic life.
Equitable Resource Allocation: Resource allotment seeks to rectify historical inequalities among
neighborhoods. The city's approach is to channel investments into underprivileged areas, with the
goal of fostering balanced opportunities for all residents.
Educational Equity Policies: Collaborating with local educational institutions, the city is instituting
policies that promote equality in education. This involves addressing disparities in achievement,
supporting programs that cater to diverse learning needs, and ensuring access to quality education for
every student.
These measures collectively mirror Brooklyn Center's commitment to redressing historical imbalances,
nurturing inclusivity, and shaping an equitable community for all its residents.
(4,000 characters)
Community Engagement
Describe the community engagement process to date. Include
dates of events
organizations involved
techniques used to include community in the process
how the process is tailored to the community the project is intending to serve
Explain how the engagement has informed the project. Use the project data profile tool or other relevant sources
to discuss how engagement reflects the community the project is intending to serve.
Ensuring equitable development requires active community involvement, with the voices of the residents
being integral to the project's evolution. To accommodate various schedules and provide options for those
unable to travel, we organized two community engagement sessions, both held virtually and in person.
In our commitment to community engagement, we've partnered with LISC, an organization with significant
experience in facilitating engagement sessions, particularly with people of color. They distributed over 200
marketing flyers throughout the community and leveraged social media for promotion. One advantage
stemming from having a development team that has a background in the project area, was that we were
able to easily relay information to target community members that are typically not included in the
discussions around equitable development. We offered free food creating a warm environment that
welcomed youth, local officials, Veterans, and people experiencing homelessness. Specifically collaborating
with VA organizations, The City, and local schools aim to ensure that the demographic we're serving was
well-represented in the sessions. Integral to our interaction with key stakeholders was the presence of the
development team representing BIPOC backgrounds. This inclusion offered varying degrees of insight and
ease within discussions.
Our first community engagement session was held on 04/17/2023, with approximately 20 attendees. While
five were Veterans, we regrettably did not have any youth participants. The session attracted local
community members, leaders from other organizations (such as BP Village), and one City Staff member.
During the presentation, we covered an overview of the City's planning process, details about the proposed
project and development team, as well as the design concept. The feedback received was overwhelmingly
positive, with community members expressing support for the project and enthusiasm about the
programming available in the commercial space. We also gathered valuable input related to fire safety, the
optimal number of units for individuals with major physical disabilities, and the desire for an on-site gym.
These insights will be seamlessly incorporated into our design by our architect partner. See our attached
equitable development narrative in the attachments section for further details and feedback from residents.
In our tract there are few new developments that have taken place in recent years, in fact we are the first to
align with the City’s vision around future zoning ordinances. We hope to inspire other developments and set
a standard as to what deeply affordable housing can look like. We are designing the project to meet the
quality of market rate units with affordable rents.
(4,000 characters)
How is the community engagement tailored to the project’s need and context? Including but not limited to
The scope of the project
Existing relationship between the team and the project area
Who has been historically excluded from decision making in the project area
In addressing this question transparently, we approached it by first investigating the community's
requirements rather than shaping the "project's needs" to fit. Our approach involved understanding the
community's needs through thorough research, incorporating insights from the development team's
experiences, market studies, and alignment with the City's objectives. Subsequently, we engaged key
stakeholders in the community, those directly impacted by the project, to refine the project's concept and
design according to the community's needs. The scope of project is defined below:
Picking core development team members that can relate the community being served
Evaluating the needs of the community through firsthand experiences, market analysis, and the City's
objectives.
Creating an initial project concept and design considering community needs, financial feasibility, and
sustainability
Engaging the community and key stakeholders to refine the project's design and concept
Creating financial model outlining all funding sources that align with the projects concept
Securing funding from various sources and finalizing the construction loan.
Commencing and supervising the construction phase, incorporating culturally appropriate tenant
improvements for the workforce center and youth space.
Project stabilization & close on permanent financing
Maintain project compliance, collaborating with both property management and service provider
New Generations LLC (Sponsor/Guarantor/Co-Developer), VY Management (Co-Developer), Intentions ( Co-
Developer) and Mobilize Design (Architect) are all owned by people of color and have and have experience
working with the targeted populations. New Generations has operated its business in the project area since
its conception over a decade ago. Julius Cochran, the owner of New Generations was also a prior resident of
Brooklyn Center. Our team strives to foster partnerships with other organizations that align with equitable
practices and create opportunities for marginalized individuals.
Historically BIPOC and DBE’s have been excluded from the discussions around equitable development. With
only 5% of real estate as a whole being owned by people of color in the US it's evident that they have also
been excluded from decision making around equitable development, as owners are typically the decision
makers behind development projects.
Community involvement in the development of affordable housing is not a new concept, but the involvement
of people of color in those discussions is. The noticeable absence of marginalized groups in these
discussions stems from inadequate engagement and representation within the development team. A
fundamental truth emerges: individuals naturally gravitate towards those who share their background,
fostering trust and understanding. This emphasizes the significance of internal development and
representation within the development team, crucial for rectifying long standing inequities.
(4,000 characters)
Project Team
Describe the project team. List
Who is on the project team
The roles each team member will play
Sponsor & Owner/Co-Developer: Julius Cochran, an African American man, owns New Generations. New
Generations, a 245d provider, possesses a decade-plus of expertise in aiding those with intellectual
disabilities, mental health issues, substance use disorders, complex co-morbidities, and homelessness,
including Veterans. They manage care and cultivate relationships with stakeholders, community partners,
and natural support systems, all in service of their mission to provide person-centered care, promoting
personal choice, happiness, and freedom from institutionalization. New Generations is set to deliver
vocational rehabilitation, career, and employment services within the workforce center for both the
community and prospective residents.
Co-Developer: Victoria Yepez, the sole owner of VY Management LLC, is a BIPOC woman with African
American and Peruvian roots. An emerging developer, she actively participates in Hennepin County’s DTAP
program and LISC’s Developer of Colors Cohort. With seven years of experience, Yepez excels in property
management, commercial real estate transactions, and is a licensed general contractor. She's contributed to
acquisition rehab projects worth over $50 million, mainly focusing on affordable housing. Yepez's
management covers more than 250 affordable housing units, and she holds extensive experience in LIHTC
compliance and HPH unit management.
Co-Developer: Kimyata Cochran, an African American woman, the owner of Intentions, a nonprofit formed in
2021 shortly after Daunte Wright's tragic death. Intentions' core objective is partnering with the community to
provide high quality programs for youth and families, aiming to empower them across 10 critical life areas:
Education, Financial Literacy, Self-Awareness/Care, Service Learning, Health and Fitness, Character
Development, Sparks Exploration, Performing Arts Exploration, Career Development and Exploration, and
Family Support.
Architect: Jamil Ford, a BIPOC architect, has contributed to the development of multiple affordable housing
projects. His company, Mobilize Design, is registered with MHFA. Ford ensures designs meet funders and
City requirements and tenant needs, benefiting from Victoria's prior property management insights for unit
rentability.
Service Provider: Touchstone specializes in aiding vulnerable populations to maintain housing stability,
decreasing hospitalizations and homelessness, thus enhancing mental and physical well-being. They
promote self-sufficiency and housing stability across diverse cultural backgrounds through collaborations with
multiple agencies, including Hennepin County Behavioral Health, Hennepin Coordinated Entry, Housing and
Homelessness Services, Long-term Services and Supports, COPE, local hospitals, Minnesota Department of
Veteran Affairs, and Veteran case managers.
General Contractor: Doran Construction is renowned for inclusive and eco-conscious affordable housing
projects. They collaborate closely with stakeholders, incorporating innovative methods that manage costs
while ensuring quality craftsmanship, adhering to Davis Bacon and prevailing wage standards, fostering local
DBE relationships.
Property Manager: Established in the 1960s, Schuett Companies excels in high-quality affordable housing
while upholding Fair Housing practices. Their expertise spans development, management, and collaboration
with diverse funding channels, including LIHTC, Section 8, city, county, and state funding. Their portfolio
caters to various backgrounds, enabling culturally tailored management services and LIHTC compliance.
Legal Counsel: Jon Peterson, a partner at Winthrop and Weinstein, specializes in affordable deals,
particularly tax credit financing and syndication. Also a CPA, Peterson's extensive experience includes aiding
BIPOC developers in affordable deals. His expertise ensures appropriate legal assistance for multi-source
funding and financial feasibility assessment.
(4,000 characters)
Is there a defined team workplan and process for working together? If yes, please describe it.
Our diverse team aims to empower communities of color, addressing disparities in development. Key
partners, all people of color, bring experience with target populations. Housing is central to equity. Our
project, designed by people of color, seeks to overcome barriers and meet goals through aligned teamwork
We have weekly meetings with the development team to ensure we are all in alignment and meet pivotal
deadlines to see the project through to stabilization.
New Generations will take on the role of building owner and offer workforce services within the commercial
space, holding a significant decision-making position.
Intentions will oversee both youth programming and operation of the youth lead cafe within the commercial
area, playing a key role in decision-making.
VY Management will handle financial feasibility, funding sources, oversee closing, construction, and project
stabilization. They will ensure equitable practices are maintained, acting as a key decision-maker.
Mobilize Design & Architecture will provide architectural and construction design services, collaborating
directly with the GC throughout construction completion.
Doran Construction will serve as the General Contractor, overseeing the project's construction and working
closely with Mobilize Design and VY Management.
Schuett Companies will function as our property manager, offering insights on design and operational
expenses. Following development, they will establish an on-site office for management services.
Touchstone Mental Health, our service provider partner, will assist in service funding applications and provide
on-site services upon project completion.
Landon Group will offer consulting services through stabilization, guiding the team through each stage of
development.
Vong Thao from the City of Brooklyn Center will provide staffing support for grant review and submission.
(2,000 characters)
Will this project have a
subrecipient agreement? Yes
Describe how the city (or other government partner) is financially contributing to the project. If the city is unable
to contribute financially, explain why.
The project is in alignment with the City's future land-use goals. An initial review was conducted with city
staff, and the concept was presented to the City Council, who expressed support for the project and the
rezoning of the 1510 site. The Community Corner will be the first property on the corridor to align with the
City’s future goals, setting a standard around sustainability, affordability, design, creation of jobs aligned with
equitable future goals. The City has shown substantial support, offering resolutions in favor of Met-Council
Pre Development and LCDA development grants. Met Council has already granted pre-development funding
due to this backing. The project's concept went before the City Council this past winter and the Council was
in support.
We have formed partnerships with Hennepin County for Housing Support and Met Council to secure VASH
vouchers, both of which have been successfully obtained. We are actively seeking funding sources, pursuing
9% or 4% LIHTC with HIBs, AHIF, LCA Development funds, Met Council Pre Development Funds, TIF, and
ARPA. Through a methodical pre-scoring process, we have demonstrated strong competitiveness in
comparison to past MHFA awardees' scores and we have submitted an application to MHFA’s consolidated
RFP for this year's funding round. We have received letters of interest from US Bank's impact fund for both
our construction loan and as our LIHTC investor.
For the permanent financing stage, we will work with MHFA’s LMIR product. On the services front, we plan to
tap into DHS ICS services and HCBS waiver services while pursuing supportive housing funding.
Additionally, we're looking into NDC and MEDA for funding to support the workforce center and we are
pursuing New Market Tax Credits for the commercial space.
Although the City's financial capacity is limited, discussions with City Staff and Council have yielded support
for offering TIF to the project once adequate committed funding is secured from other sources.
(2,000 characters)
Explain how the team was designed to best consider the priorities of those most impacted by the project and
least represented in public process.
The very essence of core our development team is grounded in the principles of equity, designed to open
doors for emerging BIPOC developers who have historically faced many barriers. Our core team members
bring diverse personal backgrounds, including firsthand experiences of living in affordable housing,
working/living in the project area, working with key stakeholders the project intends to impact, facing
inequities in their daily lives, and overcoming economic barriers. Beyond our individual experiences, our
commitment to equitable development extends outward, foraging a partnership with LISC, our community
engagement partner, to conduct strategic community engagement sessions targeting key stakeholders.
Through these sessions, we formulated an equitable development narrative with feedback around the project
concept and design from residents most impacted. This project promotes wealth building for the development
(BIPOC DBE’s) while rectifying historical injustices.
The Community Corner’s design will create deeply affordable culturally appropriate housing that targets
those most impacted by social disparities, including a 4th floor indoor and outdoor community space
centered around health & wellness, supporting both mental and physical health of future residents .
Expanding its outreach to the community, by incorporating a culturally appropriate workforce center & youth
programming space, creating economic opportunity in an area with high concentrations of people of color.
The Sponsor, New Generations, a family owned business, is owned by Julius Cochran, an African American
man who was a prior resident of Brooklyn Center and currently runs their business operations in Brooklyn
Center. He has faced many levels of racial inequities and comes from a very modest background living in
housing that is categorized as affordable. Julius has 11 years of experience serving individuals with co-
occurring disorders, mental health disabilities, drug abuse, and homelessness. Julius’s father, Joseph
Cochran is a Vietnam Veteran that spent his life helping homeless Black Veterans navigate housing,
resources for Agent Orange exposure, and helped veterans apply for VA disability in Minnesota, Georgia &
Florida. New Generations is expanding further into workforce and vocational rehabilitation services, they
understand there is critical need for this within the populations they serve.
Intentions, a 501c3 nonprofit organization whose mission is to partner with the community to provide quality
programs for youth and their families. Intentions partners with the Brooklyn Center school district to provide
mentoring opportunities to underserved youth. Intentions has an organization of volunteers, and their
curriculum is youth centered and focuses on moral values & character development.
VY Management uses design thinking as a method of problem-solving, with a key focus on empathizing with
the individuals the development will impact. We feel that the best way to empathize with people is to bring
their voices into the project. The founder of VY Management LLC, Victoria Yepez, has lived in affordable
housing since she became a single mother at the age of 16. She and her kids have experienced the
frustrations, pitfalls, and shortcomings of lack in affordable housing. Having an immigrant mother has also
added to her lived experience of how other cultures operate in America and the lack of cultural
appropriateness within available housing. Seeking to grow and build capacity as they are in the process of
rebranding VY Management into a development firm that will empower women of color by helping them
progress in the development world.
Our team understands that this is a complex space & market to develop affordable housing in, but it is
necessary, and we are dedicated to the mission.
(4,000 characters)
Equity Approach
Describe how your project is intentionally addressing equitable outcomes. If it is not, enter N/A.*
The Community Corner will have major long-term equitable impacts on the community and future residents
because it was designed with that in mind. Despite 40% of the US population identifying as BIPOC, recent
data from a 2023 BISNOW article reveals that Black and Hispanic private developers contribute only 0.56%
to overall US development and own 5% of the real estate industry. This substantial gap persists in the real
estate sector, notably in development. While real estate ownership and development are key to
intergenerational wealth, BIPOC representation remains inadequate. BIPOC developers offer unique
perspectives beyond conventional development, including empathy and insight for culturally specific
affordable housing in poverty-stricken communities. Representation is vital for future generations and paves
the way for emerging talents in development.
Our development team was strategically assembled around the basis of creating equitable affordable
housing with maximum impact. Comprising New Generations (co-developer & sponsor), fully owned by an
African American rooted in Brooklyn Center; VY Management LLC (co-developer), owned by an African
American & Peruvian woman; Intentions (co-developer), owned by an African American woman; and Mobilize
Design & Architecture (Architect), majority-owned by an African American man, our team brings diverse skills
and cultural insights. Our project is grounded in equity, aiming to empower emerging BIPOC developers
facing barriers like limited funding and experience. The Community Corner nurtures wealth creation,
ownership, and growth among emerging BIPOC developers.
In partnership with LISC, we held strategic community engagement sessions to involve key stakeholders.
These sessions shaped an equitable development narrative (in attached files). Our goal was to glean
valuable insights on project concepts and designs directly from key stakeholders.
Key outcomes from engagement sessions:
Deeply Affordable housing: "Type A" units offer accessible choices, reducing housing-related barriers
that impact health, employment, and education.
Culturally specific health & wellness space: The entire 4th floor features a gym, garden, studio, and
community area. Addressing community needs for mental and physical well-being, this floor is
designed with a health & wellness theme.
The Community Corner lies in an environmental justice area and a QCT, where 70.5% are people of color,
and 37.5% of households are cost burdened. Cultural affordable housing and sustainability are crucial. Our
approach includes sustainable practices, materials, and agility. Exceeding MHFA’s Green communities
criteria, SB2030 standards, solar panels, EV charging stations, and walkability promote sustainability. Smart
tubing and electric-ready units ensure future adaptability. The Community Corner's location, an
environmental justice area and QCT, underscores poverty and diversity. Our approach combines culturally
specific affordable housing and sustainability, with eco-friendly practices, solar, and walkability. Sustainable
practices merge with justice, bridging gaps.
The commercial space at the Community Corner encompasses a workforce center and youth programming.
Creating a culturally tailored workforce center where 70.5% are people of color and unemployment exceeds
city rates, targets inequities. Intentions offers both youth programs and a café. Focusing on at-risk K-12
youth, they provide mentorship and guidance for stability. The youth coffee shop imparts skills and
opportunities. These partnerships ensure create long term impact for years to come.
(4,000 characters)
Grant Request & Project Funding
Uses for the LCDA Grant Funds
Use Detail of Use LCDA $
Site Acquisition Before Award: Site Acquisition before award
for affordable housing or living wage jobs N/A $0.00
General Construction: Construction for affordable housing
projects and commercial or industrial projects advancing
economic opportunity
To be used for construction
of commercial space $1,000,000.00
$1,000,000.00
Funding Sources
Source Type Amount Description Status of Funding Est.
Commitment
Date
General Partner
Cash $45,000.00 General Partner Cash
Contribution Committed 01/01/2023
Syndication
Proceeds $5,337,495.00 4% LIHTC ( US Bank LIHTC
Investor)
Applied - Commitment
Not Known 12/31/2023
Deferred Loan
Request $11,285,392.00 MHFA (HIC or deferred loan ) Applied - Commitment
Not Known 12/31/2023
Energy Rebates $20,000.00 Committed 01/01/2023
Predevelopment
Grant $231,000.00 Met Council Committed 09/01/2023
Development Grant
$1,000,000.00 Met Council LCDA Applied - Commitment
Not Known 12/31/2023
Deferred loan or
Grant $900,000.00 Hennepin County Supportive
Housing Capital Fund Not Yet Applied 06/01/2024
Deferred Loan or
Grant $550,000.00 Hennepin County AHIF Not Yet Applied 06/01/2024
$19,368,887.00
Funding Notes
Add any additional information you want us to know about your project financing.
(1,000 characters)
2023 Attachments
Attachment Description File Name Type File
Size
Parcel Map (from Make-a-Map;
compressed PDF)Parcel Map_The Community Corner Brooklyn Center_New Generations LLC-
1500 69th Ave_Parcel Map.pdf pdf 355 KB
Aerial View (from Make-a-Map;
compressed PDF)Ariel Map_The Community Corner Brooklyn Center_New Generations LLC-
1500 69th Ave_Ariel Map.pdf pdf 3.2 MB
Overview Map (from Make-a-Map;
compressed PDF)
Overview Site Map_The Community
Corner
Brooklyn Center_New Generations LLC-
1500 69th Ave_Overview Site Map.pdf pdf 11.3
MB
Grant Requested Activities Plan Grant Activités Plan_New
Generations LLC_ Brooklyn Center
Grant Activites Plan_ The Community
Corner_ Brooklyn Center .pdf pdf 5.9 MB
Detailed Site Plan Detailed Site Plan_New Generations
LLC_Brooklyn Center
Detailed Site Plan_The Community
Corner_New Generations LLC_Brooklyn
Center.pdf
pdf 2.4 MB
Renderings Renderings_New Generations
LLC_Brooklyn Center
Updated_MDA_The Community Corner -
MHFA Architectural Package.pdf pdf 34.1
MB
Stormwater Management Plan (only
if requesting funding for stormwater
management)
Resolution of Local Support LCDA Development Grant
Resolution of Support LCDA Resolution of support.pdf pdf 86 KB
Before Photo Photographs_New
Generations_Brooklyn Center
Photographs_New Generations_Brooklyn
Center.pdf pdf 16.5
MB
Optional renderings/images
(optional)
Excerpt of any relevant small/station
area plans (optional)
Appraisal (only if requesting site
acquisition funds)
Appraisal_New Generations LLC_
Brooklyn Center
Cochran151069thReport.pdf 10 pages.pdf
Met Council .pdf pdf 1.0 MB
Completed Equitable Development
Scorecard (optional)
Other (optional)
Equitable Development Narrative_
New Generations LLC_Brooklyn
Center
Equitable Development Narrative_ New
Generations LLC_ Brooklyn Center .pdf pdf 1.2 MB
Applicant Certification
By checking this box you
agree that you, the named
applicant, have read the
information presented in
the application and that all
information is correct to
the best of your
knowledge. As the named
applicant you are
responsible for the
information presented in
the application and agree
that the application will be
evaluated on the
information you present. *
Yes
C ouncil R egular M eeng
DAT E:2/12/2024
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 olu1on A pproving S e4lement A greement for Brooklyn Boulevard Corridor P roject
P hase 2 I mprovements, P roject No. 2021-05
Requested Council A con:
- Moon to approve a resoluon approving a selement agreement for Brookly n Boulevard C orridor
P roject P hase 2 I mprovements, P roject No. 2021-05.
B ackground:
O n M arch 2 5 , 2019, the C ity Council dir ected staff to proceed w ith the preliminary des ign, environmental
documenta1on, easement acquis i1 on, and final des ign wor k for the Br ookly n Boulev ard Cor ridor P roject
P has e 2 I mprovements (Bas s Lake Road to I nterstate 94), P roject No. 2021-05.
I n or der to cons tr uct the improvements, per manent drainage, u1lity, sidew alk , and tr ail eas ements and/or
temporary cons truc1 on easements w er e required from 47 s epar ate parcels adjacent to the corridor. Parcel
numbers ar e iden1fied on the r ight-of-w ay plan pr epared for the proj ect. A greement for acquis i1on of
eas ements w as reached voluntarily w ith 33 affected property ow ners . I n order to meet the an1cipated
development s chedule condemna1on w as pursued on 1 4 parcels where no agreement could be met. The
follow ing parcels under condemna1on have reached a s e4lement agreement.
Parcel No. 2 8 ; 5920 Brookly n Boulevard: This parcel required both permanent eas ements and
temporary cons tr uc1on eas ements with total compens a1on agreed upon in the amount of
$50,638.00.
B udget I ssues:
The B rook lyn Boulevard Corridor P r oject P hase 2 I mpr ovement (Bass L ake Road to I nterstate 94) has a
project cos t es 1 mated to be $17,355,411.92. The total apprais ed v alue for all eas ements on the project are
es1mated to be approximately $824,676. The total v alue of the permanent eas ements and temporary
cons truc1on eas ements for Parcel 28 is $50,638 w hich is being funded out of the Capital P rojects F und.
To date, including the abov e parcel, agreements hav e been met w ith 41 out of 47 parcel owners w ith the
total v alue of the per manent eas ements and temporary cons truc1 on eas ements for the project being
$751,558.32.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S us tainability
AT TA C H M E N TS :
D escrip1on U pload D ate Type
Res olu1on 2/5/2024 Resolu1on Le4er
S e4lement A greement 2/5/2024 Exhibit
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION APPROVING A SETTLEMENT AGREEMENT FOR
BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2
IMPROVEMENTS, PROJECT NO. 2021-05
WHEREAS, the City of Brooklyn Center and Hennepin County have planned the
improvement of Brooklyn Boulevard between Bass Lake Road (County Road 10) and Interstate
94 within the City of Brooklyn Center, Minnesota in 2021; and
WHEREAS, the City, in order to acquire title and meet its anticipated
development schedule, commenced a condemnation action in Hennepin County District Court,
Court File No. 27-CV-20-15230 pursuant to a Petition filed November 19,2020, as amended on
January 12, 2021 (the “Action”); and
WHEREAS, to facilitate the Project, the Action included acquiring certain real
property interests 5920 Brooklyn Blvd and as defined as Parcel 28 within the Action (the
“Property”); and
WHEREAS, subject to approval by the City Council, representatives of the
parties have negotiated a Settlement Agreement, a copy of which is attached hereto as Exhibit A,
which resolves all outstanding claims and issues between the parties related to the Property; and
WHEREAS, the City Council has fully considered the terms of the Settlement
Agreement and has determined that it is in the best interests of the community to approve it as
presented.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The Mayor and City Manager of the City are hereby authorized and
directed to execute all appropriate documents and take all necessary
actions to facilitate the settlement contemplated herein, with all such
actions to be in accordance with the terms and conditions set forth in this
Resolution and the incorporated Settlement Agreement.
2. The Mayor and City Manager of the City, staff and consultants are hereby
authorized and directed to take any and all additional steps and actions
necessary or convenient in order to accomplish the intent of this
Resolution.
February 12, 2024
Date Mayor
RESOLUTION NO. _______________
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
January 22
C ouncil R egular M eeng
DAT E:2/12/2024
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:A n O rdinance Vaca2ng a Por2on of the D edicated Right-of-Way in the P lat of Joslyn
A ddi2on (1s t Reading)
Requested Council A con:
- Moon to approve a fir st reading of the requested ordinance vacang a poron of the dedicated right-of-
w ay in the plat of Joslyn A ddion, and set a second reading and public hearing for March 11, 2024.
B ackground:
City s taff r eceived a reques t to v acate a por2 on of city right-of-way that is encr oaching upon an exis2ng
privately-owned s tor m reten2on pond on 3900 Lakebreez e Avenue North. The por 2on of the right-of-way
to be vacated is indicated in Exhibit B.
The area of the right-of-way proposed to be vacated appears to have been dedicated as a cul-de-s ac, which
has not been cons tructed and is not in alignment w ith the exis2 ng cons tr ucted road s urface and us e of
A z elia Avenue Nor th. C ity s taff has deter mined that there is no public need to retain the pr opos ed Vacated
R O W and the current dedicated r ight-of-w ay interferes with the exis 2ng s tormw ater reten2 on pond, which
is neces s ary for drainage in the area
Consistent with the C ity ’s C harter, a firs t reading of the proposed ordinance to vacate certain eas ements is
requested, w ith a subsequent reques t to schedule the s econd reading and public hearing on M arch 11,
2024.
B udget I ssues:
There are no budget is s ues to consider.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Transparency
AT TA C H M E N TS :
D escrip2on U pload D ate Type
O rdinance 2/5/2024 O rdinance
Exhibit 2/5/2024 Exhibit
1
CITY OF BROOKLYN CENTER
Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on
Monday, __________________, 2024 at approximately 7:00 p.m. at Brooklyn Center City Hall,
located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Said public hearing will
include a second reading and proposed adoption of an ordinance vacating a portion of Azelia Avenue
North within the plat of Joslyn Addition. Meeting materials can be accessed by visiting the City of
Brooklyn Center’s website at: https://www.ci.brooklyn-center.mn.us/. A definite time for this
application to be considered cannot be given as it will depend on the progression of the agenda items.
ORDINANCE NO. _____
AN ORDINANCE VACATING A PORTION OF AZELIA AVENUE NORTH IN THE PLAT
OF JOSLYN ADDITION IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY,
MINNESOTA
WHEREAS, the City of Brooklyn Center (the “City”) is a municipal corporation,
organized and existing under the laws of Minnesota and the City Charter of Brooklyn Center,
Minnesota (the “Charter”); and
WHEREAS, ERG-CP France Ave BP Owner LLC (“Owner”) is the fee owner of certain
real property located at 4837 Azelia Avenue North (PID 10-118-21-23-0006) and 3900 Lakebreeze
Avenue North (PID 10-118-21-24-0032) in the City and legally described in the attached Exhibit
A (the “Property”); and
WHEREAS, the Owner submitted an application to vacate a portion of the dedicated right-
of-way in the plat of Joslyn Addition (“Plat”), as legally described in the attached Exhibit B and
as depicted in the attached Exhibit C (“Vacated ROW”); and
WHEREAS, the area of the right-of-way proposed to be vacated appears to have been
dedicated as a cul-de-sac, which has not been constructed and is not in alignment with the existing
constructed road surface and use of Azelia Avenue North; and
WHEREAS, a stormwater retention pond on the parcel of property located at 3900
Lakebreeze Avenue North (PID 10-118-21-24-0032) encroaches upon the proposed Vacated
ROW; and
WHEREAS, City staff has determined that there is no public need to retain the proposed
Vacated ROW and the current dedicated right-of-way interferes with the existing stormwater
retention pond, which is necessary for drainage in the area; and
WHEREAS, the City Council does not object to the vacation of the proposed Vacated
ROW; and
2
WHEREAS, after due notice and public hearing, the City Council has determined that the
Vacated ROW will no longer be needed and it is in the public interest to vacate the Vacated ROW.
NOW, THEREFORE, the City Council of the City of Brooklyn Center does ordain as
follows:
Section I. Recitals. The above recitals are hereby adopted as findings and incorporated into this
Ordinance.
Section II. Right-of-Way Vacation. The Vacated ROW described above and in Exhibit B and
Exhibit C is hereby vacated.
Section III. Effective Date. This Ordinance shall be effective after adoption and thirty days
following its legal publication.
Section IV. Notice of Completion. Upon the Ordinance becoming effective, the City Clerk is
directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the
Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate.
Adopted this ___ day of __________, 2024.
____________________________
April Graves, Mayor
ATTEST: _________________________
Barbara Suciu, City Clerk
Date of Publication _________________________
Effective Date _____________________________
A-1
EXHIBIT A
Legal Description of the Property
PID No. 10-118-21-23-0006:
Lot 1, Block 1, Joslyn Addition, Hennepin County, Minnesota.
PID No. 10-118-21-24-0032:
Lot 2, Block 1, Joslyn Addition, Hennepin County, Minnesota.
B-1
EXHIBIT B
Legal Description of Vacated Right-of-Way
That part of the dedicated Azelia Avenue North, JOSLYN ADDITION, according to the
recorded plat thereof, Hennepin County, Minnesota, lying West of the following described line:
Commencing at the Southeast corner of Lot 1, Block 1, of said plat; thence on an assumed
bearing of North 00 degrees 34 minutes 44 seconds West along said East line of said Lot 1, a
distance of 176.05 feet to the Point of Beginning of the line herein described; thence
northeasterly 26.49 feet along a non-tangential curve, concave to the northwest, radius of 40.00
feet, central angle of 37 degrees 57 minutes 01 seconds, chord bearing North 19 degrees 02
minutes 01 seconds East, 26.01 feet; thence North 01 degrees 54 minutes 27 seconds West,
118.70 feet more or less to the northerly right of way of Azelia Avenue North and there
terminating.
Subject area contains 0.15 acres, more or less (6,731 SF)
C-1
EXHIBIT C
Depiction of Vacated Right-of-Way
(attached hereto)
AZ
E
L
I
A
A
V
E
.
N
.
JO
S
L
Y
N
A
D
D
I
T
I
O
N
C ouncil R egular M eeng
DAT E:2/12/2024
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, P ublic Works D irector
BY:Lydia Ener, P.E., P rincipal Engineer
S U B J E C T:Res olu2on A pproving P lans and S pecifica2ons and A uthoriz ing A dver2sement for Bids ,
I mprovement P roject No. 2024-05 65th S torm S ewer Rehabilita2on.
Requested Council A con:
- M oon to appr ove the aached resoluon appr oving plans and specificaons and authorizing
adversement for bids, I mprovement P roject No. 2024-05 65th S torm S ewer Rehabilitaon.
B ackground:
Construc2on plans, specifica2ons , and contract documents have been prepared for the project. S taff is
prepared to begin the proj ect bidding proces s for I mpr ovement P roj ect No. 2024-05 65th S torm S ewer
Rehabilita2on upon authoriz a2on from the C ity C ouncil.
The bidding proces s would involv e the adv er 2s ement of the project in the City ’s official new s paper and in
F inance and C ommer ce. S ealed bids w ill be collected and opened electronically on a s cheduled bid opening
date, then tabulated by the C ity Clerk and City E ngineer. S taff an2 cipates that the bid res ults will be
pres ented to the C ity C ouncil for considera2on in M arch 2024.
B udget I ssues:
The total proj ect cost is es 2mated to be $1 ,736,0 0 0 . F unding s ources for the projects ar e budgeted from
s ources as des cribed in Capital I mprovement P rogram.
I nclusive C ommunity Engagement:
N/A
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
S us tainability
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 2/5/2024 Resolu2on LeBer
Title S heet - 65th S torm P roject 2/5/2024 Exhibit
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT
NO. 2024-05 65TH STORM SEWER REHABILITATION
WHEREAS, the City of Brooklyn Center’s 2024 Capital Improvement Program
contains the 65th Storm Sewer Rehabilitation project; and
WHEREAS, plans and specifications have been prepared under the direction of
the City Engineer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The plans and specifications for Improvement Project No. 2024-05 are
hereby approved, ordered, and filed with the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official
newspaper and in Finance and Commerce an advertisement for bids for
the making of such improvements in accordance with the approved plans
and specifications. The advertisement shall be published in accordance
with Minnesota Statutes, shall specify the work to be done, and state the
time and location at which bids will be opened by the City Clerk and City
Manager or their designees. Any bidder whose responsibility is questioned
during consideration of the bid will be given an opportunity to address the
City Council on the issue of responsibility. No bids will be considered
unless sealed and filed with the City Clerk and accompanied by a cash
deposit, cashier’s check, bid bond, or certified check payable to the City of
Brooklyn Center for five percent of the amount of such bid.
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.
B
o
l
t
o
n
&
M
e
n
k
,
I
n
c
.
20
2
4
,
A
l
l
R
i
g
h
t
s
R
e
s
e
r
v
e
d
c H:
\
B
R
C
N
\
0
R
1
1
3
1
9
9
8
\
C
A
D
\
C
3
D
\
1
3
1
9
9
8
G
0
0
1
.
d
w
g
1/
2
6
/
2
0
2
4
8
:
2
8
:
5
2
A
M
C ouncil R egular M eeng
DAT E:2/12/2024
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 olu1on A uthoriz ing G ran1ng a Trail Eas ement over City P roperty in Favor of C res t
L imited Partners hip
Requested Council A con:
- Moon to appr ove a r esoluon authorizing gr anng a trail easement over city property at 6301 S hingle
C reek Par kway in favor of C rest L imited Par tner ship (C L P ) the ow ner of the adj acent pr oper ty located at
6221 S hingle C reek Parkw ay.
B ackground:
I n conj unc1on w ith the cons truc1 on of the C res t P hase I I expansion, a por1 on of city s idew alk on 6301
S hingle Creek Parkw ay (city property) was replaced. This sidew alk s erves as a connec1on between 6221
S hingle C reek Par kway (The Crest) and the adj acent city trail sys tem. Notably, this sidew alk has been in
place for several years , primarily catering to the residents of the original Crest apartments .
S ince this s pecific s ec1on of s idewalk exclus ively s erves The Crest apartments , city s taff and C L P have
collabora1vely devis ed an a?ached tr ail eas ement to addres s any ongoing maintenance or repair
requirements . This eas ement ens ures that the responsibility for maintaining and repairing this trail
connec1on remains clear and efficiently managed.
B udget I ssues:
Eas ement recording fees will be paid for out of the improvement project budget.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S us tainability
AT TA C H M E N TS :
D escrip1on U pload D ate Type
Res olu1on 2/5/2024 Resolu1on Le?er
Easement A greement 2/5/2024 Exhibit
Easement Exhibit 2/5/2024 Exhibit
BR291\16\931497.v1
Member ______________________ introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2024- _______________
A RESOLUTION AUTHORIZING GRANTING A TRAIL EASEMENT OVER
CITY PROPERTY IN FAVOR OF CREST LIMITED PARTNERSHIP
WHEREAS, the City of Brooklyn Center (“City”) owns property located at 6301
Shingle Creek Parkway (the “City Property”); and
WHEREAS, Crest Limited Partnership (“CLP”) is the owner of the adjacent
property located at 6221 Shingle Creek Parkway (the “Crest Property”); and
WHEREAS, CLP constructed a sidewalk/trail connection over the City Property to
a gazebo located on the City Property; and
WHEREAS, the City desires to grant to CLP a non-exclusive trail easement over
the City Property; and
WHEREAS, the proposed trail easement will be in substantially the form as
attached to this Resolution; and
WHEREAS, the City Council determines that approving the proposed trail
easement and authorizing its execution is in the best interests of the City; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Brooklyn Center, Minnesota, that the proposed trail easement is approved and the Mayor and City
Manager are hereby authorized to execute the document on behalf of the City of Brooklyn Center.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
RESOLUTION NO. _______________
2
whereupon said resolution was declared duly passed and adopted.
US.361308305.02
BR291\16\930830.v2
TRAIL EASEMENT AGREEMENT
This TRAIL EASEMENT AGREEMENT (“Agreement”) is made this ___ day of
__________________, 2024, by and between the City of Brooklyn Center, a Minnesota municipal
corporation (the “City”), and Crest Limited Partnership, a Minnesota limited partnership (“CLP”
or “Grantee”).
RECITALS
WHEREAS, the City is the fee owner of the real property located at 6301 Shingle Creek
Parkway (PID No. 35-119-21-34-0003), legally described on Exhibit A attached hereto (the
“Property”).
WHEREAS, CLP is the fee owner of the real property located at 6221 Shingle Creek
Parkway (PID No. 35-119-21-34-0004) (“Grantee Property”), legally described on Exhibit B
attached hereto, located adjacent to the Property.
WHEREAS, CLP has installed a sidewalk connection from Grantee’s Property across and
upon the Property.
WHEREAS, the City desires to grant to Grantee a non-exclusive trail easement over the
Easement Area, legally described on Exhibit C and depicted on Exhibit D, each attached hereto
(the “Easement Area”), on the terms and conditions contained herein.
TERMS OF EASEMENT
1. Recitals. The recitals above, and the attached exhibits, are hereby incorporated herein and
made part of this Agreement.
2. Grant of Easement. For good and valuable consideration, receipt and sufficiency of which
is acknowledged by the City, the City grants and conveys to the Grantee a perpetual non-exclusive
easement over, under, across and through the described Easement Area on the Property for trail
and related purposes subject to the terms and conditions hereof.
US.361308305.02
BR291\16\930830.v2
3. Scope of Easement. The easement for trail uses granted herein includes the right of the
Grantee, its contractors, agents, and employees to locate, operate, maintain, improve, alter, repair,
and replace public trail facilities within the Easement Area. The easement granted herein includes
the right to construct improvements, grade, dig or otherwise disturb soils, and cut, trim, eliminate
or remove from the Easement Area any trees, shrubs, or other vegetation, soils and existing
improvements as in the City’s judgment unreasonably interfere with this easement, the trail, or any
other the rights granted herein. The easement granted herein also include the right to maintain an
obstacle free clear area within the zone defined as within two feet of each outside edge of the
constructed trail.
4. Warranty of Title. The City warrants that it is the fee owner of the Property, and that the
City has the right, title and capacity to convey this trail easement to Grantee.
5. The City’s Right to Maintain and Repair. The City may maintain and repair the sidewalk
or public trail located within the Easement Area (the “Trail”) if the City reasonably believes that
CLP or its successors or assigns has failed to adequately maintain the Trail and such failure
continues for 30 days after the City gives CLP, its successors or assigns written notice of such
failure or, if such tasks cannot be completed within 30 days, after such time period as may be
reasonably required to complete the required tasks provided that CLP is making a good faith effort
to complete said tasks. The City’s notice shall specifically state which maintenance tasks are to
be performed. If CLP does not complete the maintenance tasks within the required time period
after such notice is given by the City, the City shall have the right, but not the obligation, to
complete the maintenance tasks and send an invoice detailing its reasonable out-of-pocket
maintenance costs (the “Maintenance Costs”) to CLP or its successors or assigns. If CLP or its
successors or assigns fails to reimburse the City for the Maintenance Costs within 30 days of
receipt of an invoice for such Maintenance Costs, the City shall have the right to assess the full
amount of the Maintenance Costs against the Grantee Property pursuant to Minnesota Statutes
Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as reasonably
determined by the city engineer, the notice requirement to CLP related to maintenance tasks is
hereby waived in its entirety by CLP, and CLP shall reimburse the City and be subject to
assessment for the Maintenance Costs so incurred by the City in the same manner as if written
notice as described above has been given. Notwithstanding anything to the contrary herein, the
City will not charge CLP any amount in excess of $3000 in connection with any maintenance or
repairs without first obtaining CLP’s approval, which shall not be unreasonably withheld or
delayed.
6. Hold Harmless. CLP hereby agrees to indemnify, defend and hold harmless the City and
its agents and employees against any and all claims, demands, losses, damages, and expenses
(including reasonable attorneys’ fees) directly arising out of or directly resulting from CLPs, or
CLP’s agents’ or employees’ grossly negligent or intentional misconduct, or any violation of any
applicable safety law, regulation, or code enacted by the City or the State of Minnesota in the
performance of CLP’s obligations under this Agreement, except to the extent of intentional or
negligent acts of the City, its employees, agents and representatives. Nothing in this Agreement
shall be construed as a waiver by the City of any immunities, defenses or other limitations on
liability to which the City is entitled to by law, including but not limited to, the maximum monetary
limits on liability established by Minnesota Statutes Chapter 466.
US.361308305.02
BR291\16\930830.v2
7. Binding Effect. The terms and conditions of this instrument shall run with the land and be
binding on the City, its successors and assigns.
8. Effective Date. This Agreement shall be binding and effective as of the date first written
above.
STATE DEED TAX DUE HEREON: NONE
[Signature page follows.]
US.361308305.02
BR291\16\930830.v2
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF BROOKLYN CENTER
By: ____________________________________
April Graves, Mayor
By: ___________________________________
Dr. Reginald Edwards, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ___________,
2024, by April Graves and Dr. Reginald Edwards, the Mayor and City Manager, respectively, of
the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the City.
_______________________________________
Notary Public
US.361308305.02
BR291\16\930830.v2
GRANTEE
Crest Limited Partnership
By: __________________________________
Name: ________________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of ___________,
2024, by ________________________, the _______________________ of Crest Limited
Partnership, a Minnesota limited partnership, Grantee.
_______________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven Chartered
Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
US.361308305.02
BR291\16\930830.v2
EXHIBIT A
Legal Description of the Property
Outlot E, Brooklyn Center Industrial Park Plat 1, except that part thereof shown as Parcel 39B on
Minnesota Department of Transportation Right of Way Plat No. 27-6.
US.361308305.02
BR291\16\930830.v2
EXHIBIT B
Legal Description of the Grantee Property
Tract A, Registered Land Survey No. 1359, Hennepin County, Minnesota
US.361308305.02
BR291\16\930830.v2
EXHIBIT C
Legal Description of the Easement Area
A 9-foot wide strip of land over and across that part of Outlot E, BROOKLYN CENTER
INDUSTRIAL PARK PLAT 1, Hennepin County, Minnesota. The centerline of said strip is
described as follows:
Commencing at an angle point in the easterly line of said Outlot E, being common with the
northwest corner of Tract A, REGISTERED LAND SURVEY NO. 1359; thence on an assumed
bearing of South 27 degrees 33 minutes 27 seconds West, along an easterly line of said Outlot E,
being common with the west line of said Tract A, a distance of 97.24 feet to the point of
beginning of said centerline; thence North 62 degrees 26 minutes 33 seconds West a distance of
14.40 feet to the termination of said centerline.
US.361308305.02
BR291\16\930830.v2
EXHIBIT D
Depiction of the Easement Area
T R A C T
A
R. L. S. N O. 1
3
5
9
S85°30'00"E 492.72
L
=
3
0
9.34
R=2275.31
Δ=7°47'23"
SH
I
N
G
L
E
C
R
E
E
K
P
A
R
K
W
A
Y
O U T
L
O
T
E
S01°42'39"W
48.99
R=1188.74
L=104.01
Δ=5°00'47"
^ϮϳΣϯϯΖϮϳΗt
97.24
SEE DETAIL
DETAIL
4.50'
EϲϮΣϮϲΖϯϯΗt
14.40
Eϲ
Ϯ
Σ
Ϯ
ϲ
Ζ
ϯ
ϯ
Η
t
ϭ
ϰ
͘
ϰ
Ϭ
4.50'
^Ϯ
ϳ
Σ
ϯ
ϯ
Ζ
Ϯ
ϳ
Η
t
97
.
2
4
S2
7
°
3
3
'
2
7
"
W
24
9
.
0
0
S63
°
5
2
'
0
8
"
E
631
.
6
6
N
o
v
2
9
,
2
0
2
3
-
1
:
0
5
p
m
-
U
s
e
r
:
m
s
a
l
o
L
:
\
P
R
O
J
E
C
T
S
\
2
2
4
4
7
\
C
A
D
\
S
u
r
v
e
y
\
E
x
h
i
b
i
t
s
\
2
2
4
4
7
-
E
X
I
S
T
I
N
G
T
R
A
I
L
E
A
S
E
M
E
N
T
E
X
H
I
B
I
T
.
d
w
g
DRAWN BY:
DESIGNED BY:
CHECKED BY:
PROJECT NO:Engineering | Surveying | Planning | Environmental
ISSUED:
REVISION:
SHEET
REV DATE:22447
BA
MS
11/22/2023 1
EXISTING TRAIL EASEMENT EXHIBIT
CREST ALTA
AEON
6221 SHINGLE CREEK PKWY.,
BROOKLYN CENTER, MN.
A 9 foot wide strip of land over and across that part of Outlot E, BROOKLYN CENTER INDUSTRIAL PARK
PLAT 1, Hennepin County, Minnesota. The centerline of said strip is described as follows:
Commencing at an angle point in the easterly line of said Outlot E, being common with the northwest
corner of Tract A, REGISTERED LAND SURVEY NO. 1359; thence on an assumed bearing of South 27
degrees 33 minutes 27 seconds West, along an easterly line of said Outlot E, being common with the
west line of said Tract A, a distance of 97.24 feet to the point of beginning of said centerline; thence
North 62 degrees 26 minutes 33 seconds West a distance of 14.40 feet to the termination of said
centerline.
0
NORTH
SCALE IN FEET
100 200
EASEMENT EXHIBIT
(TRAIL EASEMENT CONTAINS 130 SQ. FT.)
C ouncil R egular M eeng
DAT E:2/12/2024
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 olu1on A ccep1ng and A pproving a U 1lity Facili1es Eas ement A greement with C res t
L imited Partners hip
Requested Council A con:
- M oon to approve a resoluon accepng and appr oving a ulity facilies easement agreement with C rest
Limited Partnership (C L P ) the owner of the C rest located at 6221 S hingle C reek Parkway.
B ackground:
A s part of the City C ouncil Res olu1on No. 2021-83 for the C res t P has e I I expansion the city required a
condi1on of approv al for the ow ner to provide clarifica1on on certain underground s tormw ater facili1es ,
including reas onable right of ingr es s and egress, ability to locate, cons tr uct, r econs tr uct, operate, maintain,
ins pect, alter, and r epair, as outlined in S ec1 on 5 of the a>ached agreement, and cut, trim, or remove
certain vegeta1on in cas es where it might interfere with the U1lity Facili1es.
B udget I ssues:
Eas ement recording fees will be paid for out of the improvement project budget.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S us tainability
AT TA C H M E N TS :
D escrip1on U pload D ate Type
Res olu1on 2/6/2024 Resolu1on Le>er
A greement 2/6/2024 Exhibit
BR291\16\931606.v1
Member ______________________ introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2024- _______________
A RESOLUTION ACCEPTING AND APPROVING A UTILITY FACILITIES
EASEMENT AGREEMENT WITH CREST LIMITED PARTNERSHIP
WHEREAS, Crest Limited Partnership (“CLP”) is the owner of the property
located at 6221 Shingle Creek Parkway (the “Crest Property”); and
WHEREAS, there are certain City utilities constructed on the Crest Property; and
WHEREAS, CLOP desires to grant to the City a utility facilities easement over the
Crest Property for the City utilities; and
WHEREAS, the proposed utility facilities easement agreement will be in
substantially the form as attached to this Resolution; and
WHEREAS, the City Council determines that accepting and approving the utility
facilities easement agreement and authorizing its execution is in the best interests of the City; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Brooklyn Center, Minnesota, that the proposed utility facilities easement agreement is accepted
and approved and the Mayor and City Manager are hereby authorized to execute the document on
behalf of the City of Brooklyn Center.
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.
BR291\16\930839.v2 1
Torrens
UTILITY FACILITIES EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (“Easement Agreement”) is entered into as of
_________________, 2023 by and between CREST LIMITED PARTNERSHIP, a Minnesota
limited partnership (“Owner”), and the CITY OF BROOKLYN CENTER, a Minnesota
municipal corporation, (“City”), in accordance with the following:
1. Ownership. Owner is the fee owner of the property legally described on
attached Exhibit A (PID ________________)(“Property”).
2. Grant of Easement. For valuable consideration, receipt and sufficiency of
which are hereby acknowledged by Owner, Owner conveys to the City a perpetual, non-
exclusive easement (an “Easement”) for Utility Facilities, as hereinafter defined, purposes over,
under, and across that the portion of the Property where the Utilities Facilities are located (the
“Easement Area”), legally described in the attached Exhibit B and depicted in the attached
Exhibit C, on the terms and conditions hereinafter set forth.
3. Scope of Easement Rights . The Easement includes the right of the City, its
contractors, employees, agents and assigns to:
a. reasonable right of ingress and egress to inspect Utility Facilities pursuant to
Section 5 hereof;
b. reasonable right of ingress and egress to perform the Owner’s Obligations
upon default by Owner pursuant to Section 5 hereof;
c. locate, construct, reconstruct, operate, maint ain, inspect, alter and repair the
Utility Facilities in accordance with Section 5 hereof ; and
d. cut, trim, or remove trees, shrubs, or other vegetation that in the City’s
judgment unreasonably interfere with the Utility Facilities.
BR291\16\930839.v2 2
4. Owner’s Obligations . The Owner will construct water, sanitary sewer and
storm water facilities in accordance with Exhibit D (the “Utility Facilities”), a full size original
of which is on file with the Brooklyn Center City Engineer . The Owner will maintain the Utility
Facilities and any other required utility improvements approved and required by the City.
Maintenance includes at a minimum annual inspection, cleaning and repair of the Utility
Facilities. Maintenance of the storm water Utility Facilities also includes remov al of sediment
and pollutants in all pre -treatment devices, the periodic removal of sedimentation within the
storm water Utility Facilities , the removal of any blockage and annual inspection, as necessary.
If necessary, the work must include periodic remo val of sedimentation and trash from the storm
water Utility Facilities to maintain original design, volumes and configura tions as approved by
the City. Annual inspections of approved stormwater Utility Facilities must be performed, and
an annual report must be provided to the City of Brooklyn Center Public Works Department
October 1 of the same year as the inspection, using the form attached as Exhibit E. An apparent
failure of the Utility Facilities must also be corrected before submitting the annual repor t.
5. Enforcement.
5.1. Upon advance reasonable notice, City may enter the Property for the
purposes of inspection of the Utility Facilities and enforcement of the obligations of
Owner under this Easement Agreement. If Owner fails to perform its obligations under
this Easement Agreement, the City must provide written notice of default t o Owner
before taking any corrective action. If the failure continues for 30 days after the City’s
written notice, the City may take whatever actions it deems reasonably necessary in order
to fulfill the obligations of Owner under this Easement Agreement. If it is determined
by the City that it is necessary to enter the Property to maintain or repair Utility Facilities
to protect public utility facilities or the public health, safety or welfare without first
giving such notice to the Owner, it may do so, giving the Owner such notice as is
reasonably possible under the circumstances. Owner must reimburse the City for the
reasonable out -of-pocket costs incurred by the City for its corrective action within 30
days after receipt by Owner of a written demand f rom the City accompanied by
reasonable documentation of the expenses. If Owner fails to reimburse the City within
the 30-day period prescribed above, the City may recover its costs by assessing the
amounts against the Property to be collected with propert y taxes. Further, City may
enforce the terms of this Easement Agreement by any proceeding in law or in equity to
restrain violation, to compel compliance, or to recover damages, including attorneys’
fees and costs of the enforcement actions. The Owner is not liable for the actions of any
third party, other than its employees, agents, or contractors, that may violate the terms of
this Easement Agreement unless the Owner, its employees, agents, or contractors had
actual knowledge of the violation and failed to take reasonable action to stop the
violation.
5.2. Failure to enforce any provision of this Easement Agreement upon a
violation of it will not be deemed a waiver of the right to do so as to that or any
subsequent violation.
BR291\16\930839.v2 3
5.3. Invalidation of any of the terms of this Easement Agreement will in no way
affect any of the other terms, which will remain in full force and effect.
6. Duration of Easements . This Easement Agreement is permanent and remains
in effect in perpetuity.
7. Warranty of Grantor . The Owner warrants that it is the owner of a fee simple
interest in the Property, that it has the right to grant this Easement Agreement, and that the
Property is free and clear of any lien, encumbrance, easement, restriction, covenant or
condition, except for those filed of rec ord with the Registrar of Titles for Hennepin County,
Minnesota.
8. Environmental Matters. The City shall not be responsible for any costs,
expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees,
or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat
of release of any hazardous substances, pollutants, or contaminants which may have existed on,
or which relate to, the Easement Area or the Property prior to the date of this instrument .
9. Easement Runs with Land . This Easement Agreement runs with the land and
is binding on the Owner, its successors and assigns.
10. Amendments. This Easement Agreement may not be amended without the
written approval of the City.
BR291\16\930839.v2 4
CREST LIMITED PARTNERSHIP, A
MINNESOTA LIMITED PARTNERSHIP
By: _____________________________________
Name:
Its: _____________________________________
STATE OF MINNESOTA )
) ss
COUNTY OF _________ )
The foregoing instrument was acknowledged this ____ day of ___________, 2024, by
_________________, the ______________of Crest Limited Partnership, a Minnesota limited
partnership, on behalf of the partnership.
Notary Public
BR291\16\930839.v2 5
CITY OF BROOKLYN CENTER
By________________________________________
April Graves, Mayor
By________________________________________
Dr. Reginald Edwards, City Manager
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of _________, 2024,
by April Graves and Dr. Reginald Edwards, the Mayor and City Manager, respectively, of the City
of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the
City.
____________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Kennedy & Graven, Chartered
700 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402 (JMH)
(612) 337-9300
For City use only:
Planning File #_______________________
Date of Council approval ______________
BR291\16\930839.v2 A-1
EXHIBIT A
Legal Description of the Property
BR291\16\930839.v2 B-1
EXHIBIT B
Legal Description of the Easement Area
A 170 foot wide strip of land lying over, under and across that part of Tract A, REGISTERED
LAND SURVEY NO. 1359, Hennepin County, Minnesota. The centerline of said easement is
described as follows:
Commencing at the Southwest corner of said Tract A, thence on an assumed bearing of South
63 degrees 52 minutes 08 seconds East, along the South line of said Tract A, a distance of
361.80 feet; thence North 04 degrees 29 minutes 13 seconds East a distance of 85.00 feet to
the point of beginning of said centerline; thence South 85 degrees 30 minutes 47 seconds East
a distance of 220.00 feet to the termination of said centerline.
BR291\16\930839.v2 C-1
EXHIBIT C
Depiction of the Easement Area
BR291\16\930839.v2 D-1
Exhibit D
Utility Facilities
Site Plan
Detail
BR291\16\930839.v2 E-1
EXHIBIT C
Annual Inspection Report Inspection Year:
Name of Site: Address:
Inspector: Company:
Signature: Phone:
Send Report to: City of Brooklyn Center, Public Works – Engineering,
6301 Shingle Creek Parkway, Brooklyn Center 55430
phone: 763.569.3340 email: publicworks@ci.brooklyn-center.mn.us
Bioretention/Filtration Facility No. 1 – Operation and Maintenance Checklist
Maintenance Item (frequency of inspections
and maintenance)
Satisfactory /
Unsatisfactory Comments
1. Debris Cleanout (Monthly)
Contributing drainage areas and facilities
clean of litter and vegetative debris
No dumping of yard waste into facility
Bioretention area clean of litter and
vegetative debris
2. Vegetation (Monthly)
Plant height taller than design water depth
Fertilized per O & M plan
Plant composition according to O & M plan
Adequate vegetation density
Undesirable vegetation removed
Grass height less than 6 inches
Mulch layer adequate
No evidence of erosion
3. Check Dams/Energy Dissipators/Sumps (Annually, After Major Storms)
No evidence of sediment buildup
Rip Rap in place and no missing rock
BR291\16\930839.v2 E-1
Bioretention/Filtration Facility No. 1 – Operation and Maintenance Checklist (continued)
Maintenance Item (frequency of inspections
and maintenance)
Satisfactory /
Unsatisfactory Comments
Sumps should not be more than 50% full of
sediment
No evidence of erosion at downstream toe
of drop structure
4. Dewatering ( Monthly)
Dewaters between storms within 48 hours
No evidence of standing water
5. Sediment Deposition (Annually)
Pretreatment areas clean of sediments
Contributing drainage area stabilized and
clear of erosion
No evidence of surface clogging
Winter sand deposition evacuated every
spring
6. Outlet/Overflow Spillway (Annually, After Major Storms)
Good condition, no need for repair
No evidence of erosion
No evidence of any blockages
7. Integrity of Filter Bed (Annually)
Facility has not been blocked or filled
inappropriately
Comments:
Actions to be taken:
BR291\16\930839.v2 E-1
Underground Treatment/Storage Facility No. 1 – Operation and Maintenance Checklist
Maintenance Item (frequency of inspections
and maintenance)
Satisfactory /
Unsatisfactory Comments
1. Debris Cleanout (Monthly)
Contributing drainage areas and facilities
clean of litter and vegetative debris
Trench surface clean
Contributing drainage area stabilized and free
of erosion
Inflow pipes clear
Overflow spillway clear
Inlet area clean
2. Pretreatment Sediment Trap/Forebay (Twice Annually)
Adequately trapping sediment
Winter accumulation of sand removed each
spring
Measure elevation of sediment sumps
Precleaning Elevation:_________________
Postcleaning Elevaton:__________________
Sediment Removed:__________Cubic Yards
3. Dewatering (Monthly)
Dewaters between storms as designed per the
O&M plan
4. Structure (Annually)
Inspect all caps, lids and covers per O & M
plan
Inspect surface for any obvious cave-in type of
issues
Inspect and clean all upstream catchbasins
and manholes
Inspect internal components of facility
Inspect facilities inlet and outlet
5. Sediment Cleanout of facility (Annually)
No evidence of sediment in filter (if present)
BR291\16\930839.v2 E-1
No evidence of sediment accumulation
(remove as necessary) Sediment Removed:____________Cubic Yards
Underground Treatment/Storage Facility Operation, Maintenance, and Management Inspection Checklist
Underground Treatment/Storage Facility No. 1 – Operation and Maintenance Checklist
(continued)
Maintenance Item (frequency of inspections
and maintenance)
Satisfactory /
Unsatisfactory Comments
7. Inlets (Annually)
Good condition
No evidence of erosion
8. Outlet/Overflow Spillway (Annually)
Good condition, no need for repair
No evidence of erosion
Comments:
Actions to be taken:
Underground Treatment/Storage Facility Operation, Maintenance, and Management Inspection Checklist
BR291\16\930839.v2 E-1
Box 198
Kennedy & Graven, Chartered Torrens
CONSENT AND JOINDER BY MORTGAGEE
The _________________________, a _____________________, holder of a mortgage on
the property which is described as follows:
hereby consents and joins in the Easement dated __________, 2024, filed ____________, 2024 in
the office of the Hennepin County Registrar of Titles as Document No. _____________ so as to
subject and subordinate the undersigned’s interest to said Easement.
Dated: ____________________
MORTGAGEE
By: __________________________________________
Its: __________________________________________
US.359284251.02
2
BR291\16\930839.v2
STATE OF __________ )
) SS.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _____ day of ____________,
2024 by ______________________, the _________________ of
_____________________________, a ____________________ in the state of
_____________________, on behalf of the ______________.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700
150 South Fifth Street
Minneapolis, MN 55402 (SJS)
(612) 337-9300
C ouncil R egular M eeng
DAT E:2/12/2024
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, Ma0 Chopp C ity Fores try
S U B J E C T:Res olu4on A cknow ledging A warded F unds for the Minnes ota D epartment of Natural
Res ources ReL eaf Community Forestry G rant and A uthoriz ing A cceptance of G rant F unds
Requested Council A con:
- Moon to approve a re soluon acknowledging the awarded f unds f or the Minnesota D epartment of N atural
Resources Re L eaf Community Forestry Grant and authorizing acceptance of grant funds.
B ackground:
W ith the ReL eaf C ommunity For es tr y G r ant from the M innes ota D epartment of N atural Resources, C ity
s taff plan to remov e 49 dis eas ed green ash trees throughout Twin L ake Park, L akes ide Park, Kylaw n Park,
Wes t C entennial Park, and L ions Park. T hen replace them w ith 59 new trees of v ar ying s pecies . The project
addresses public s afety concer ns pos ed by aging and dis eas ed trees, benefi4 ng res idents and maintaining a
healthy natur al canopy. I mmediate tree replacement is crucial, aligning w ith B rook lyn C enter's 31-year
commitment to Tree City U S A , s how casing dedica4on to the community's natural landscape.
The trees species planted w ere approv ed by the M innes ota D epartment of Natural Res ources . Thos e
s pecies include Elm, C offetree, H ornbeam, H onylocust, M ountain as h, H ickory, Beech, Japanes e Tr ee Lilac,
Linden, O ak, H az elnut, Walnut, Kats ura, Rubber Tree, and London P lanetree.
A ddional Informaon:
ReL eaf Community Fores try G rant aims to enhance community tree cover and involve r es idents in tree
protec4on. G oals include:
Boos4ng city fores try capacity.
D ivers ifying the urban canopy for climate resilience.
S eques tering carbon dioxide.
P romo4ng energy cons erva4on.
S uppor4ng local tree care bus inesses .
The ini4a4v e aligns with the M innes ota D epartment of N atur al Res ources ’ efforts to addres s dis pari4es by
improving community forest ecos ys tem health, contribu4ng to air quality, s tormw ater management, and
overall s us tainability.
B udget I ssues:
The total proposed project cost for removals and plan4ngs throughout the five parks is $95,380.00. The
Minnes ota D epartment of Natural Res ources awarded the C ity $95,380.00. The C ity will meet its obliga4on
to the grant by watering and maintaining tree care for the new plan4ngs for the next five years.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S us tainability
AT TA C H M E N TS :
D escrip4on U pload D ate Type
Res olu4on A ccep4ng ReL eaf Community Forest G rant 2/5/2024 Resolu4on Le0er
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACKNOWLEDGING AWARDED FUNDS FOR THE
MINNESOTA DEPARTMENT OF NATURAL RESOURCES RELEAF
COMMUNITY FORESTRY GRANT AND AUTHORIZING ACCEPTANCE OF
GRANT FUNDS
WHEREAS, the Minnesota Department of Natural Resources ReLeaf Community
Forestry Grants provides funds to encourage and promote the inventory, planting, assessment,
maintenance, improvement, protection, and restoration of trees and forest resources to enhance
community forest ecosystem health and sustainability as well as to reduce atmospheric carbon
dioxide levels and promote energy conservation, and;
WHEREAS, the City of Brooklyn Center desires to remove 49 diseased green ash
trees throughout Twin Lake Park, Lakeside Park, Kylawn Park, West Centennial Park, and Lions
Park.
WHEREAS, the City of Brooklyn Center desires to plant 59 new trees of varying
species, to reduce atmospheric carbon dioxide levels and enhance community forest ecosystems
health.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. Authorizes its City Manager to accept awarded funds on behalf of the City for the
Minnesota Department of Natural Resources ReLeaf Community Forestry Grant and
to execute such agreements as may be necessary to implement the project on behalf of
the City.
February 12, 2024
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.
Member ___________ introduced the following resolution and move its
adoption:
CITY OF BROOKLYN CENTER
RESOLUTION NO. _______
RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO
ENTER INTO A CONTRACT WITH HENNEPIN COUNTY FOR LOCAL
FOOD PURCHASE ASSISTANCE (LFPA) (#HS00001632) AND
AUTHORIZING THE CITY MANAGER AND RECREATION DIRECTOR TO
EXECUTE SUCH CONTRACT
WHEREAS, the Hennepin County Human Services and Public Health Department
issue contracts for Local Food Purchase Assistance; and
WHEREAS, Brooklyn Center, Crystal, New Hope and Robbinsdale
collaboratively applied for the Local Food Purchase Assistance project; and
WHEREAS, the collaboration of cities was issued contract for the LFPA in which
Brooklyn Center portion of the contract is $25,351.00; and
WHEREAS, the contract timeframe is February 5, 2024 and continues through
December 21. 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota, authorizes the City of Brooklyn Center to enter into an contract with Hennepin
County for Local Food Purchase Assistance (LFPA) and authorize the City Manager and
Recreation Director to execute such contract.
February 12, 2024 _______________________________________
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.
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 1 of 30
HUMAN SERVICES AND PUBLIC HEALTH DEPARTMENT PROVIDER
AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA
("COUNTY"), on behalf of the Hennepin County Human Services and Public Health
Department, A-2300 Government Center, Minneapolis, Minnesota 55487 ("DEPARTMENT" or
"HSPHD"), and City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center,
Minnesota 55430 ("PROVIDER").
The parties agree as follows:
1. TERM OF AGREEMENT
This Agreement shall commence on February 05, 2024, and expire on December 31,
2024, unless cancelled or terminated earlier in accordance with the provisions herein.
2. DESCRIPTION OF SERVICES
A. PROVIDER will provide services as described in EXHIBIT A: CONTRACTED
SERVICES. These services shall be referred to as "Contracted Services."
Contracted Services are provided to Eligible Persons as defined by Clause 6 of
this Agreement.
B. The Contracted Services are briefly described in the following summary:
PROVIDER will carry out Farm to Community Local Food Purchase Assistance
(LFPA) project activities at the community level.
C. PROVIDER shall comply with COUNTY's rules, policy, and direction regarding
use of COUNTY facilities. COUNTY may deny PROVIDER access to any
COUNTY facility at any time and may remove any PROVIDER personnel from
COUNTY facilities at any time and in COUNTY's sole discretion. PROVIDER
shall not allow unauthorized personnel to use COUNTY facilities.
D. In addition to any applicable state or federal requirements, PROVIDER shall
comply with all COUNTY COVID-19 rules, policies, and directions, which may
include requiring that PROVIDER's employees and subcontractors be fully
vaccinated against COVID-19 along with other related obligations. As between
the parties, PROVIDER shall be solely responsible for the cost of complying with
the foregoing, including but not limited to the cost of any vaccination, testing,
validation/certification, and any additional obligations.
3. COST OF THE AGREEMENT
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 2 of 30
A. This is a cost reimbursement agreement. Total payments by COUNTY under this
Agreement shall not exceed $25,351.00.
B. If PROVIDER is paid more than the not-to-exceed amount, PROVIDER shall
reimburse COUNTY for the excess payments within forty-five (45) days of
notification by COUNTY.
4. PAYMENT FOR SERVICES
A. No advance payments will be made under this Agreement.
B. PROVIDER shall perform all services hereunder to the satisfaction of COUNTY,
in accordance with the provisions herein, and in compliance with applicable law.
If COUNTY determines that PROVIDER has not complied with the foregoing,
COUNTY shall not have any obligation to pay PROVIDER for the non-
complying services.
C. For services paid by COUNTY, PROVIDER shall within thirty (30) calendar days
following the last day of each calendar month submit an itemized invoice to
COUNTY specifying the costs incurred by PROVIDER during the previous
month. COUNTY will not reimburse PROVIDER for any costs incurred by
PROVIDER which are not in accordance with PROVIDER's line item budget
attached in EXHIBIT B: FINANCIAL INFORMATION. PROVIDER shall not
be reimbursed for costs incurred if reports are not submitted in accordance with
terms of this Agreement. Any invoice received beyond ninety (90) calendar days
from the last day of the month of service or from the date at which COUNTY is
determined to be the payer of last resort may be refused for payment upon the sole
discretion of COUNTY.
D. PROVIDER shall not invoice for services under this Agreement without receiving
a purchase order or purchase order number supplied by COUNTY. All invoices
shall display COUNTY purchase order number and be sent to the central invoice
receiving address supplied by COUNTY.
E. COUNTY will make payment within thirty-five (35) days from receipt of the
invoice. If the invoice is incorrect, defective, or otherwise improper, COUNTY
will notify PROVIDER within ten (10) days of receiving the incorrect invoice.
Upon receiving the corrected invoice from PROVIDER, COUNTY will make
payment within thirty-five (35) days.
F. Payments shall be applied toward actual expenses, including all applicable other
sources of revenue, to be incurred by PROVIDER in the provision of services
under this Agreement. COUNTY payments shall be applied in equal proportion
as all other revenue sources to all expenditures listed in EXHIBIT B:
FINANCIAL INFORMATION. Such costs shall be consistent with the line item
budget and supporting materials identified in EXHIBIT B. All expenditures and
revenues governed by PROVIDER's budget as described in EXHIBIT B and all
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 3 of 30
payments for contracted service costs are made subject to financial review by
COUNTY. This financial review shall be the final determination of reimbursable
expenses under this Agreement.
G. Expenditures will be governed by PROVIDER's budget as described in EXHIBIT
B.
H. If during the term of this Agreement, PROVIDER's actual expenses do not reflect
budgeted levels, then PROVIDER may submit a written request to COUNTY for
approval of a budget change. At COUNTY's discretion and only when approved
in writing by the Contract Manager, COUNTY may allow line item budget
changes that do not increase COUNTY's total cost for this Agreement. Such
approval shall not be deemed a material modification of the Agreement.
I. Payments for the services rendered under this Agreement shall be made in the
manner provided by law for payment of claims against COUNTY.
J. Payments shall be made pursuant to the provisions herein and COUNTY's then
applicable payment policies, procedures, rules and directions. COUNTY is not
responsible for remedying fraudulent or unauthorized payments requested in
PROVIDER's name.
K. PROVIDER will have sole responsibility for the collection of other fees or
revenue. COUNTY accepts no responsibility for the collection or subsidization of
bad debts related to other revenue for Contracted Services.
L. Failure to comply with the provisions of this Agreement shall be just cause for
delaying payment until PROVIDER is in compliance. In the event of a decision
to withhold payments, COUNTY shall furnish prior written notice to
PROVIDER.
M. COUNTY may withhold from any payment due to PROVIDER any amount
which is due and owing COUNTY under this or any other agreement between the
parties due to overpayment or as a result of an audit.
N. In the event that COUNTY withholds payment for failure to comply with any of
the provisions of this Agreement, then no interest penalty shall accrue against
COUNTY. If claims are made by PROVIDER that COUNTY did not act in good
faith in withholding payments as provided above, then such claims shall be
handled as a dispute by the Contract Manager (pursuant to the Dispute Clause of
this Agreement). If an audit is required by COUNTY before payment is to be
made, then no interest shall accrue against COUNTY until thirty-five (35) days
after the audit is completed by COUNTY.
O. PROVIDER will not charge a program service fee to Eligible Persons.
5. FINANCIAL ACCOUNTING PRINCIPLES
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 4 of 30
A. Financial Reports:
(1) Financial reports for each budget period must be on the accrual basis.
Financial reports include a revenue and expense report for the total agency
and a contracted program specific line item revenue and expense report.
(2) PROVIDER's accounting system and records must be able to specifically
identify the revenues and expenses for each contracted program as set
forth in EXHIBIT B and be able to produce the financial reports required
in Clause 5.A.(1).
B. Administrative Allocations:
(1) Administrative (Management & General) expense allocations must be in
accordance with the Contracted Services budget. The allocation of
General Administrative expenses must be based on a specifically
identified methodology which is consistent, verifiable, systematic, and
reasonable.
(2) The allocations must be in accordance with all applicable federal, state,
and local statutes, regulations, rules, ordinances, and COUNTY policies,
now in force or as hereafter enacted (including OMB Uniform Grant
Guidance); identified in the Contracted Services budget and supporting
materials; and substantiated by PROVIDER's accounting policies and
procedures.
(3) Fundraising (Development) expenses must be in accordance with the
Contracted Services budget. The allocation of fundraising expenses must
be based on a method which is verifiable and explained in the line item
budget substantiation. For federal awards, fundraising is an unallowable
cost per OMB Uniform Grant Guidance.
(4) Fundraising expenses cannot exceed fundraising revenues for the
contracted services budget.
C. Treatment of Other Revenues:
(1) Definition: Other revenues are all revenues received (earned), other than
the COUNTY payment under this Agreement, for the contracted program.
Items included as other revenues but not limited thereto, are contributions,
grants, fees for services, interest, investment income, and the allocation of
Indirect Revenues per 5.C.(3) below.
(2) Donor Restrictions: Donors may designate their contributions to be used
for a specific purpose. The contribution shall be recorded as specified by
the donor and PROVIDER must retain substantiation. Unless a donor
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 5 of 30
restricts a contribution for a specific purpose, it will be treated as other
unrestricted revenue.
(3) Allocation of Indirect Revenues: Other revenues received that are not
specifically and directly identifiable with the particular contracted
program will be allocated to the contracted program service using the
"Indirect Revenue Allocation Method." This method is calculated as
follows:
For each Indirect Revenue source budgeted, the amount budgeted
for the contracted program will be divided by the amount budgeted
for the total agency; to determine the budgeted allocation
percentage. This budgeted allocation percentage will then be
applied to the agency's total actual revenue amount, to calculate the
amount of each Indirect Revenue source to be allocated to the
contracted program.
If the contract budget document and supporting materials are
insufficient to calculate the budgeted allocation percentage for
Indirect Revenues, then the full amount of budgeted Indirect
Revenues shall be applied to the contracted program; regardless of
what the total agency actual amount of Indirect Revenues is
determined to be.
6. ELIGIBILITY FOR SERVICE
A. PROVIDER shall have responsibility for determining eligibility of individuals to
receive Contracted Services. PROVIDER shall furnish Contracted Services to the
target population of Hennepin County residents as specified in EXHIBIT A to this
Agreement. Such individuals receiving services are referred to as "Eligible
Persons."
B. In all cases where COUNTY is not the county of financial responsibility,
PROVIDER must obtain approval for service and payment directly from the
financially responsible county or from other payment sources. COUNTY
assumes no financial responsibility to PROVIDER for Contracted Services
provided to anyone who is determined not to be the financial responsibility of
COUNTY.
7. ADDITIONAL UNDERSTANDINGS
INTENTIONALLY OMITTED
8. RECORDS
Subject to the requirements of Minnesota Statutes, section 16C.05, subd. 5, COUNTY,
the State Auditor, or any of their authorized representatives, at any time during normal
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 6 of 30
business hours, and as often as they may reasonably deem necessar y, shall have access to
and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
records, etc., which are pertinent to the accounting practices and procedures of
PROVIDER and involve transactions relating to this Agreement. PROVIDER shall
maintain these materials and allow access during the period of this Agreement and for six
(6) years after its expiration, cancellation or termination.
9. COMPLIANCE
A. When required, PROVIDER shall remain licensed by the state of Minnesota
during the term of this Agreement. COUNTY will only pay for Contracted
Services provided pursuant to such licensing provisions when required.
B. PROVIDER shall notify the Contract Manager upon receipt of notice of
conditional license or license revocation even if notices are under appeal. This is
in addition to any other notification requirements.
C. When licensing is required, loss of the same shall be cause for
cancellation/termination of this Agreement effective as of receipt of notice of
cancellation/termination, other provisions for cancellation/termination of this
Agreement notwithstanding.
D. PROVIDER shall comply with all applicable law, conditions of any funding
sources, regulations, rules and ordinances currently in force or later enacted.
E. PROVIDER certifies that their organization and their staff and their principals are
not suspended or debarred, and therefore are not excluded from receiving
government funds under Federal OMB Uniform Grant Guidance Compliance
Supplement. PROVIDER shall immediately notify COUNTY, in writing, if it, its
organization, staff and/or principals are notified of suspension, debarment, or
other proceedings that would affect their ability to receive funds from the state of
Minnesota or the federal government.
F. If the source or partial source of funds for payment of services under this
Agreement is from federal or state monies or from a federal, state or other grant
source, PROVIDER is bound by and shall comply with applicable law, rules,
regulations, applicable documentation, other COUNTY directives relating to the
source and utilization of such funds, and, as applicable, the Federal Award
Contract Provisions Addendum.
G. PROVIDER agrees to comply with applicable state of Minnesota Rules governing
social services currently in force or later enacted.
10. DATA PRIVACY AND SECURITY
A. PROVIDER, its officers, agents, owners, partners, employees, volunteers and
subcontractors shall, to the extent applicable, abide by the provisions of the
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 7 of 30
Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13
(MGDPA) and all other applicable law, rules, regulations and orders relating to
data or the privacy, confidentiality or security of data. For clarification and not
limitation, COUNTY hereby notifies PROVIDER that the requirements of
Minnesota Statutes, section 13.05, subd. 11, apply to this Agreement.
PROVIDER shall promptly notify COUNTY if PROVIDER becomes aware of
any potential claims, or facts giving rise to such claims, under the MGDPA or
other data, data security, privacy or confidentiality laws, and shall also comply
with the other requirements of this clause.
Classification of data, including trade secret data, will be determined pursuant to
applicable law and, accordingly, merely labeling data as "trade secret" by
PROVIDER does not necessarily make the data protected as such under any
applicable law.
B. In addition to the foregoing MGDPA and other applicable law obligations,
PROVIDER shall comply with the following duties and obligations regarding
County Data and County Systems (as each term is defined herein). As used
herein, "County Data" means any data or information, and any copies thereof,
created by PROVIDER or acquired by PROVIDER from or through COUNTY
pursuant to this Agreement, including but not limited to handwriting, typewriting,
printing, photocopying, photographing, facsimile transmitting, and every other
means of recording any form of communication or representation, including
electronic media, email, letters, works, pictures, drawings, sounds, videos, or
symbols, or combinations thereof.
If PROVIDER has access to or possession/control of County Data, PROVIDER
shall safeguard and protect the County Data in accordance with generally
accepted industry standards, all laws, and all then applicable COUNTY policies,
procedures, rules and directions. To the extent of any inconsistency between
accepted industry standards and such COUNTY policies, procedures, rules and
directions, PROVIDER shall notify COUNTY of the inconsistency and follow
COUNTY direction. PROVIDER shall immediately notify COUNTY of any
known or suspected security breach or unauthorized access to County Data, then
comply with all responsive directions provided by COUNTY. The foregoing
shall not be construed as eliminating, limiting or otherwise modifying
PROVIDER's indemnification obligations herein.
C. In accordance with Minnesota Statutes, section 13.46, subdivision 10 now in force
or as hereafter enacted, PROVIDER shall specify a Responsible Authority who
shall allow the Responsible Authorities in other components of the welfare system
access to data classified as non-public when access is necessary for the
administration and management of programs or as authorized or required by state
or federal law. PROVIDER shall notify COUNTY of the name of the
Responsible Authority which shall be maintained in COUNTY files.
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 8 of 30
D. Providers who have met the criteria to have access to DEPARTMENT owned or
managed data systems, including state systems, must comply with
DEPARTMENT data practices policies. PROVIDER must meet DEPARTMENT
technical operating and security system requirements, ensure a data privacy
coordinator is identified for the organization, and ensure all staff accessing
DEPARTMENT owned or managed systems complete data practices training as
required by COUNTY and sign a Confidentiality and System Usage Agreement
on an annual basis. PROVIDER must report within twenty-four (24) hours any
suspected or confirmed breaches in client privacy or system security to
DEPARTMENT data practices and privacy official. PROVIDER must notify
COUNTY Identity and Access Management immediately when the individual
accessing DEPARTMENT's data system leaves the organization or moves to a
different position in the organization.
E. COUNTY may, in its sole discretion, grant PROVIDER limited access to
COUNTY computer/data systems, including but not limited to COUNTY
computers, networks, databases, applications and/or environments, ("County
Systems") exclusively for the purposes of performing services hereunder. County
Systems may be owned by COUNTY or may be licensed by COUNTY from a
third party. If COUNTY grants access to County Systems, PROVIDER and all
PROVIDER personnel with access to County Systems: (i) shall secure and
safeguard all access and authentication information related to County Systems,
including but not limited to usernames, passwords, and other applicable
authentication information related to County Systems access, ("Authentication
Credentials"); (ii) shall not share or distribute Authentication Credentials with any
individual; and (iii) shall comply with then applicable COUNTY data practices
and security policies, procedures, rules and directions when accessing and using
County Systems. Compliance with such requirements is supplemental to
PROVIDER's duty to comply with applicable law and regulations and
PROVIDER's ordinary duty of care in such situations.
For clarification and not limitation of the foregoing, PROVIDER's access to
County Systems shall be subject to the following: (i) PROVIDER shall notify all
personnel with access to County Systems of the obligations imposed by this
Agreement; (ii) personnel performing on behalf of PROVIDER shall complete
COUNTY approved data practices and security training as required by COUNTY;
(iii) if PROVIDER utilizes its own systems, software or equipment in the
performance of this Agreement, the same shall meet COUNTY's technical
operating and security system requirements, including but not limited to installing
and/or maintaining COUNTY approved firewalls, proxies, filters and other
monitors and controls; (iv) PROVIDER shall immediately notify COUNTY of
any known or suspected County System incidents or breaches, then comply with
all responsive directions provided by COUNTY; and (v) if any PROVIDER
personnel with access to County Systems no longer requires said access and/or is
no longer performing services hereunder, PROVIDER shall immediately notify
COUNTY and ensure that said individual no longer has access to County
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 9 of 30
Systems, including but not limited to deleting, eliminating and destroying all
Authentication Credentials. COUNTY may terminate, deny or revoke access to
County Systems at any time and without notice. Any notice required by the
foregoing shall be provided to the DEPARTMENT's Contract Management
Services.
F. Upon expiration, cancellation or termination of this Agreement:
(1) At the discretion of COUNTY and as specified in writing by COUNTY,
PROVIDER shall deliver to the DEPARTMENT's Contract Management
Services all County Data so specified by COUNTY.
(2) COUNTY shall have full ownership and control of all such County Data.
If COUNTY permits PROVIDER to retain copies of the County Data,
PROVIDER shall not, without the prior written consent of COUNTY or
unless required by law, use any of the County Data for any purpose or in
any manner whatsoever; shall not assign, license, loan, sell, copyright,
patent and/or transfer any or all of such County Data; and shall not do
anything which in the opinion of COUNTY would affect COUNTY's
ownership and/or control of such County Data.
(3) Except to the extent required by law or as agreed to by COUNTY,
PROVIDER shall not retain any County Data that are confidential,
protected, privileged, not public, nonpublic, or private, as those
classifications are determined pursuant to applicable law. In addition,
PROVIDER shall, upon COUNTY's request, certify destruction of any
County Data so specified by COUNTY.
11. NON-DISCRIMINATION
A. COUNTY encourages PROVIDER to develop and implement a policy promoting
diversity, equity, and inclusion in PROVIDER's workplace.
B. PROVIDER shall deliver all services in a manner which is respectful and
culturally appropriate to the Eligible Persons. Culturally appropriate is defined as
services that are delivered to reflect the unique individual needs of the Eligible
Persons such as language, racial/ethnic background and social/religious
background. PROVIDER shall make reasonable efforts to have staff delivering
services reflect the diversity of the Eligible Persons receiving those services and
to secure ongoing input from individuals who reflect the non-represented culture.
C. Pursuant to Section 504 of the Rehabilitation Act of 1973 and 45 CFR part 84
now in force or as hereinafter enacted and where applicable, no qualified
handicapped person:
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 10 of 30
(1) Shall be denied access to or opportunity to participate in or receive
benefits from any service offered by PROVIDER under the provisions of
this Agreement, nor
(2) Shall be subject to discrimination in employment under any program or
activity related in the services furnished by PROVIDER.
D. Pursuant to the Americans with Disabilities Act, now in force or as hereafter
enacted and where applicable, no qualified individual with a disability shall be
discriminated against by the denial of full and equal enjoyment of the services and
facilities, privileges, advantages, or accommodations furnished by PROVIDER as
a private entity operating a service as a public accommodation.
E. PROVIDER guarantees that no funds received under this Agreement shall be used
to provide religious training and/or services to any individual receiving
Contracted Services.
F. PROVIDER shall comply with all applicable statutes, regulations, and licensing
requirements in the employment of personnel, including but not limited to state
and federal labor laws. To the extent that any of the provisions of the applicable
statutes, regulations, or licensing requirements are inconsistent with any of the
provisions of this clause, said statute, regulation, or requirement shall prevail if it
has a reasonable bearing upon the applicant's fitness to be employed in any phase
of the program.
12. FAIR HEARING AND GRIEVANCE PROCEDURE
INTENTIONALLY OMITTED
13. CONTRACT MANAGEMENT AND DISPUTES
A. Except as otherwise provided in this Agreement, any dispute concerning a
question of fact arising under this Agreement which is not disposed of by
negotiation and agreement shall be decided by DEPARTMENT's Contract
Management Services, which shall reduce the decision to writing and furnish a
copy thereof to PROVIDER. The decision of DEPARTMENT's Contract
Management Services shall be final and conclusive unless, within thirty (30) days
from the date of receipt of such copy, PROVIDER furnishes to the Contract
Manager a written appeal addressed to COUNTY. The decision of COUNTY or
its duly authorized representative for the determination of such appeals, shall be
final and conclusive unless determined by a court of competent jurisdiction to
have been fraudulent, capricious, arbitrary, so grossly erroneous as necessarily to
imply bad faith, or not supported by substantial evidence. In connection with any
appeal proceeding under this clause, PROVIDER shall be afforded an opportunity
to be heard and to offer evidence in support of its appeal. Pending final decision
of a dispute hereunder, PROVIDER shall proceed diligently with the performance
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 11 of 30
of the Agreement and in accordance with DEPARTMENT's Contract
Management Services' decision.
B. This disputes clause does not preclude consideration of questions of law.
C. Jurisdiction and Venue. The laws of the state of Minnesota shall govern all
questions and interpretations concerning the validity and construction of this
Agreement and the legal relations between the parties and their performance. The
appropriate venue and jurisdiction for any litigation will be those courts located
within the County of Hennepin, State of Minnesota. Litigation, however, in the
federal courts involving the parties will be in the appropriate federal court within
the state of Minnesota.
14. INDEMNIFICATION
A. Each party shall be liable for its own acts and the results thereof to the extent
provided by law, and shall defend, indemnify, and hold harmless each other
(including their present and former officials, officers, agents, employees,
volunteers, and subcontractors), from any liability, claims, causes of action,
judgments, damages, losses, costs, or expenses, including attorney's fees, resulting
directly or indirectly from any act or omission of the party, anyone directly or
indirectly employed by it, and/or anyone for whose acts and/or omissions it may
be liable, in the performance or failure to perform its obligations under this
Agreement. Except for state agencies, each party's liability shall be governed by
the provisions of Minnesota Statutes, chapter 466 and other applicable law. The
liability of state agencies shall be governed by the provisions of Minnesota
Statutes, section 3.736 and other applicable law.
B. Duty to Notify: PROVIDER shall promptly notify COUNTY of any demand,
claim, action, cause of action or litigation brought against PROVIDER, its
employees, officers, agents or subcontractors, which arises out of the services
described in this Agreement. PROVIDER shall also notify COUNTY whenever
PROVIDER has a reasonable basis for believing that PROVIDER and/or its
employees, officers, agents or subcontractors, and/or COUNTY, might become
the subject of a demand, claim, action, cause of action, administrative action,
criminal arrest, criminal charge or litigation arising out of and/or related to the
services described in this Agreement.
15. INSURANCE
Each party warrants that it has a purchased insurance or a self-insurance program
sufficient to meet its liability obligations and, at a minimum, to meet the maximum
liability limits of Minnesota Statutes Chapter 466. This provision shall not be construed
as a waiver of any immunity from liability under Chapter 466 or any other applicable
law.
16. INDEPENDENT CONTRACTOR
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 12 of 30
PROVIDER shall select the means, method, and manner of performing the services.
Nothing is intended nor should be construed as creating or establishing the relationship of
a partnership or a joint venture between the parties or as constituting PROVIDER as the
agent, representative, or employee of COUNTY for any purpose. PROVIDER is and
shall remain an independent contractor for all services performed under this Agreement.
PROVIDER shall secure at its own expense all personnel required in performing services
under this Agreement. PROVIDER's personnel and/or subcontractors engaged to
perform any work or services required by this Agreement will have no contractual
relationship with COUNTY and will not be considered employees of COUNTY.
COUNTY shall not be responsible for any claims related to or on behalf of any of
PROVIDER's personnel, including without limitation, claims that arise out of
employment or alleged employment under the Minnesota Unemployment Insurance Law
(Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act
(Minnesota Statutes Chapter 176) or claims of discrimination arising out of applicable
law, against PROVIDER, its officers, agents, contractors, or employees. Such personnel
or other persons shall neither accrue nor be entitled to any compensation, rights, or
benefits of any kind from COUNTY, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, workers' compensation, unemployment
compensation, disability, severance pay, and retirement benefits.
17. MERGER, MODIFICATION, AND SEVERABILITY
A. The entire Agreement between the parties is contained herein and supersedes all
oral agreements and negotiations between the parties relating to the subject
matter. All items that are referenced or that are attached are incorporated and
made a part of this Agreement. If there is any conflict between the terms of this
Agreement and referenced or attached items, the terms of this Agreement shall
prevail.
B. PROVIDER and/or COUNTY are each bound by its own electronic signature(s)
on this Agreement, and each agrees and accepts the electronic signature of the
other party.
C. Any alterations, variations, or modifications of the provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment or
ministerial adjustment to this Agreement signed by the parties. Notwithstanding
the foregoing, at COUNTY's sole discretion DEPARTMENT's Contract Manager
may provide written authorization for line item budget changes that i) do not
increase the contract Not-To-Exceed amount, and ii) do not exceed 10% of a line
item. Except as expressly provided, the substantive legal terms contained in this
Agreement, including but not limited to Indemnification, Insurance, Merger,
Modification and Severability, Default and Cancellation/Termination or Contract
Management and Disputes may not be altered, varied, modified or waived by any
change order, implementation plan, scope of work, development specification or
other development process or document.
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 13 of 30
D. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
18. PROVIDER OBLIGATIONS
A. PROVIDER shall make every reasonable effort to maintain sufficient trained
staff, facilities, equipment, etc. to deliver the required quality and quantity of
Contracted Services. PROVIDER shall immediately notify COUNTY in writing
whenever it is, or will be, unable to provide the required quality or quantity of
Contracted Services. Upon such notification, COUNTY and PROVIDER shall
determine whether such inability will require a modification, cancellation or
termination of this Agreement.
B. When requested, PROVIDER will provide COUNTY with any proper
documentation that is necessary for COUNTY to complete forms and reports in
compliance with regulations of state and federal agencies or other funding
sources.
C. PROVIDER will comply with all of the provisions of:
(1) The Maltreatment of Minors Reporting Act, Minnesota Statutes, Chapter
260E, and all applicable Minnesota Rules, as promulgated by the
Minnesota Department of Human Services implementing such Act now in
force or as hereafter enacted.
(2) The Vulnerable Adults Reporting Act, Minnesota Statutes, section
626.557, and all applicable Minnesota Rules, as promulgated by the
Minnesota Department of Human Services implementing such Act now in
force or as hereafter enacted.
D. PROVIDER affirms that to the best of PROVIDER's knowledge, PROVIDER's
involvement in this Agreement does not result in a conflict or potential conflict of
interest with any party or entity which may be affected by the terms of this
Agreement. Should any conflict or potential conflict of interest become known to
PROVIDER, PROVIDER shall immediately notify COUNTY of the conflict or
potential conflict, specifying the part of this Agreement giving rise to the conflict
or potential conflict, and advise COUNTY whether PROVIDER will or will not
resign from the other engagement or representation. A conflict or potential
conflict may, in COUNTY's discretion, be cause for cancellation or termination of
this Agreement.
E. PROVIDER shall notify COUNTY, prior to publication, release, or occurrence of
any Outreach (as defined below). The parties shall coordinate to produce
collaborative and mutually acceptable Outreach. For clarification and not
limitation, all Outreach shall be approved by COUNTY, by and through its Public
Relations Officer or their designee(s), prior to publication or release. As used
herein, the term "Outreach" shall mean all media, social media, news releases,
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 14 of 30
external facing communications, advertising, marketing, promotions, client lists,
civic/community events or opportunities, and/or other forms of outreach created
by, or on behalf of, PROVIDER (i) that reference or otherwise use the term
"Hennepin County" or any derivative thereof; or (ii) that directly or indirectly
relate to, reference, or concern the County of Hennepin, this Agreement, the
services performed hereunder, or COUNTY personnel, including but not limited
to COUNTY employees and elected officials.
F. COUNTY encourages PROVIDER to have a single-sort recycling program or
provide recycling service for at least three types of materials, which may include
food waste. COUNTY also encourages PROVIDER to educate employees about
the recycling program.
G. PROVIDER shall undertake development of emergency preparedness plans.
H. PROVIDER shall inform COUNTY, in writing, of key staff, licensure, and Board
of Directors membership changes within five (5) days after occurrence.
19. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. PROVIDER binds itself, its partners, successors, assigns and legal representatives
to COUNTY for all covenants, agreements and obligations herein.
B. PROVIDER shall not assign, transfer or pledge this Agreement and/or the
services to be performed, whether in whole or in part, nor assign any monies due
or to become due to it without the prior written consent of COUNTY. A consent
to assign shall be subject to such conditions and provisions as COUNTY may
deem necessary, accomplished by execution of a form prepared by COUNTY and
signed by PROVIDER, the assignee and COUNTY. Permission to assign,
however, shall under no circumstances relieve PROVIDER of its liabilities and
obligations under the Agreement.
C. PROVIDER shall not subcontract this Agreement and/or the services to be
performed, whether in whole or in part, without the prior written consent of
COUNTY. Permission to subcontract, however, shall under no circumstances
relieve PROVIDER of its liabilities and obligations under the Agreement.
Further, PROVIDER shall be fully responsible for the acts, omissions, and failure
of its subcontractors in the performance of the specified contractual services, and
of person(s) directly or indirectly employed by subcontractors. Contracts between
PROVIDER and each subcontractor shall require that the subcontractor's services
be performed in accordance with this Agreement. PROVIDER shall make
contracts between PROVIDER and subcontractors available upon request. For
clarification and not limitation of the provisions herein, none of the following
constitutes assent by COUNTY to a contract between PROVIDER and a
subcontractor, or a waiver or release by COUNTY of PROVIDER's full
compliance with the requirements of this clause: (1) COUNTY's request or lack
of request for contracts between PROVIDER and subcontractors; (2) COUNTY's
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 15 of 30
review, extent of review or lack of review of any such contracts; or (3)
COUNTY's statements or actions or omissions regarding such contracts.
D. As required by Minnesota Statutes, section 471.425, subd. 4a, PROVIDER shall
pay any subcontractor within ten (10) days of PROVIDER's receipt of payment
from COUNTY for undisputed services provided by the subcontractor and
PROVIDER shall comply with all other provisions of that statute.
20. NOTICES
A. PROVIDER shall provide contact information, including a current email address,
for their executive director to the Contract Manager and further shall notify the
Contract Manager within five (5) days of a change in any contact information
during the term of this Agreement.
B. Unless the parties otherwise agree in writing, any notice or demand which must
be given or made by a party under this Agreement or any statute or ordinance
shall be in writing and shall be sent registered or certified mail. Notices to
COUNTY shall be sent to the County Administrator with a copy to the
DEPARTMENT's Contract Management Services. Notice to PROVIDER shall
be sent to the address stated in the opening paragraph of this Agreement or to the
address stated in PROVIDER's Form W-9 provided to COUNTY.
21. DEFAULT AND CANCELLATION/TERMINATION
A. If PROVIDER fails to perform any of the provisions of this Agreement, fails to
administer the work so as to endanger the performance of the Agreement or
otherwise breaches or fails to comply with any of the terms of this Agreement, it
shall be in default. Unless PROVIDER's default is excused in writing by
COUNTY, COUNTY may upon written notice immediately cancel or terminate
this Agreement in its entirety. Additionally, failure to comply with the terms of
this Agreement shall be just cause for COUNTY to delay payment until
PROVIDER's compliance. In the event of a decision to withhold payment,
COUNTY shall furnish prior written notice to PROVIDER.
B. If COUNTY has reason to believe that the safety or well-being of Eligible
Persons receiving service hereunder may be endangered by actions of
PROVIDER, its agents, and/or employees, COUNTY may require the immediate
cessation of services to Eligible Persons, as well as their removal from the
facility, and may discontinue referrals to PROVIDER. This action may be taken
forthwith and may continue for such period which is reasonably necessary for
determination by COUNTY that the safety and well-being of Eligible Persons has
been assured. Resumption of services by PROVIDER may be authorized upon
such assurance, at the sole discretion of COUNTY. If it is determined that the
safety or well-being of Eligible Persons will remain in jeopardy by the further
provision of services, COUNTY may cancel/terminate this Agreement pursuant to
the provisions herein of this Agreement. No payments shall be made for the
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 16 of 30
period during which services are suspended unless otherwise determined by
COUNTY.
C. Notwithstanding any provision of this Agreement to the contrary, PROVIDER
shall remain liable to COUNTY for damages sustained by COUNTY by virtue of
any breach of this Agreement by PROVIDER. Upon notice to PROVIDER of the
claimed breach and the amount of the claimed damage, COUNTY may withhold
any payments to PROVIDER for the purpose of set-off until such time as the
exact amount of damages due COUNTY from PROVIDER is determined.
Following notice from COUNTY of the claimed breach and damage, PROVIDER
and COUNTY shall attempt to resolve the dispute in good faith.
D. The above remedies shall be in addition to any other right or remedy available to
COUNTY under this Agreement, law, statute, rule, and/or equity.
E. COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
F. Upon written notice, COUNTY may immediately suspend or cancel/terminate this
Agreement in the event any of the following occur: (i) COUNTY does not obtain
anticipated funding from an outside source for this project; (ii) funding for this
project from an outside source is withdrawn, frozen, shut down, is otherwise
made unavailable or COUNTY loses the outside funding for any other reason;
(iii) COUNTY determines, in its sole discretion, that funding is, or has become,
insufficient; or (iv) if COUNTY's final budget as approved by the County Board
changes the amount budgeted for this particular program or this service area for
any portion of the term of this Agreement. COUNTY is not obligated to pay for
any services that are provided or costs or expenses or obligations incurred or
encumbered after the notice and effective date of the suspension or
cancellation/termination. In the event COUNTY suspends, cancels or terminates
this Agreement pursuant to this paragraph, COUNTY shall pay any amount due
and payable prior to the notice of suspension or cancellation/termination except
that COUNTY shall not be obligated to pay any amount as or for penalties, early
termination fees, charges, time and materials for services not then performed,
costs, expenses or profits on work done.
G. This Agreement may be cancelled/terminated with or without cause by COUNTY
upon thirty (30) days' written notice.
H. After receipt of a notice of cancellation/termination, and except as otherwise
directed, PROVIDER shall:
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 17 of 30
(1) Discontinue provision of Contracted Services under this Agreement on the
date, and to the extent specified, in the notice of cancellation/termination.
(2) Cancel all orders and subcontracts to the extent that they relate to the
performance of Contracted Services cancelled/terminated by the notice of
cancellation/termination.
(3) Settle all outstanding claims and liabilities for orders and subcontracts
existing at the time of the notice of cancellation/termination, provided,
however, that the claims and liabilities for orders and subcontracts had
been approved in writing by COUNTY.
(4) Notify in writing all Eligible Persons and any other counties of financial
responsibility of the cancellation/termination of this Agreement.
I. PROVIDER has an affirmative obligation, upon written notice by COUNTY that
this Agreement may be suspended or cancelled/terminated, to follow reasonable
directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary
obligation to COUNTY, before incurring or making further costs, expenses,
obligations or encumbrances arising out of or related to this Agreement.
22. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement do survive such term, cancellation or termination. Such
provisions include but are not limited to: RECORDS; DATA PRIVACY AND
SECURITY; CONTRACT MANAGEMENT AND DISPUTES; INDEMNIFICATION;
INSURANCE; INDEPENDENT CONTRACTOR; AND DEFAULT AND
CANCELLATION/TERMINATION.
The remainder of this page is intentionally left blank.
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 18 of 30
COUNTY BOARD AUTHORIZATION
Reviewed for COUNTY by
the County Attorney's Office:
{{Sig_es_:signer4:signature}}
{{userstamp4_es_:signer4:stamp}}
Reviewed for COUNTY by:
{{Sig_es_:signer5:signature}}
{{userstamp5_es_:signer5:stamp}}
Board Resolution No:
{{*BoardResolution_es_:signer5:brs}}
Document Assembled by:
{{Sig_es_:signer1:signature}}
{{userstamp1_es_:signer1:stamp}}
{{Exh_es_:signer1:attachment:label("Attachments")}}
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
{{Sig_es_:signer7:signature}}
{{userstamp7_es_:signer7:stamp}}
ATTEST:
{{Sig_es_:signer8:signature}}
{{userstamp8_es_:signer8:stamp}}
By:
{{Sig_es_:signer6:signature}}
{{userstamp6_es_:signer6:stamp}}
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 19 of 30
PROVIDER
PROVIDER warrants that the person who executed this Agreement is authorized to do so on
behalf of PROVIDER as required by applicable articles, bylaws, resolutions or ordinances.*
By:
{{Sig_es_:signer2:signature}}
{{userstamp2_es_:signer2:stamp}}
{{ ttl_es_:signer2:title}}
By:
{{Sig_es_:signer3:signature}}
{{userstamp3_es_:signer3:stamp}}
{{ ttl_es_:signer3:title}}
*PROVIDER represents and warrants that it has submitted to COUNTY all applicable
documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's
delegation of authority. Documentation is not required for a sole proprietorship.
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 20 of 30
EXHIBIT A: CONTRACTED SERVICES
SECTION 1, SERVICE NARRATIVE
PROVIDER will implement the Hennepin County Farm to Community program to the citizens
of the City of Brooklyn Center.
Enlist identified emerging farmers and secure distribution sites for program
implementation.
Conduct listening sessions/focus groups or surveys with:
o Potential participants to determined participant project preferences (produce
likes/dislikes, delivery method and frequency) and project evaluation (project
perception and intentions to include additional produce in their dietary pattern).
o Participating farmers to explain project specifics, review good farming practices
(GFA), food safety measures as well as methods to reduce food waste.
Procure produce from identified priority farmers and distribute to low income residents
June 2024 through September 2024 (16 weekly distributions).
Participate in all evaluation activities including data collection and submission for
emerging farmers, distributions sites, number of participants as well as one on-site visit
from Minnesota Department of Agriculture (MDA).
Submit at least quarterly invoices to the COUNTY on provided invoice template.
Complete any other Local Food Purchase Assistance (LFPA) grant activities necessary
for grant fulfillment as identified by Hennepin County Public Health.
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 21 of 30
EXHIBIT B: FINANCIAL INFORMATION
SECTION 1, CONTRACT BUDGET
DELIVERABLE COST QUANTITY TOTAL
Procurement –
Farms
$21,350.00
3
$21,350.00
Food Storage –
* Wax Produce Boxes
* Insulated totes
* Produce bags
* Food pink containers
$929.00
-
$929.00
Administration –
Part-time staff for distribution
$16.97
10 hours x 10 weeks
$1,697.00
Engagement and Outreach –
Host community meeting about food
distribution locations (Community
Center) – 1 hour each meeting
Marketing materials (flyers, postcards)
Targeted Social Media
$200.00
$250.00
-
4 hours
posts
$800.00
$250.00
-
Food Transportation-
Mileage for food distribution – 500
$0.65
500 miles
$325.00
Total Not-To-Exceed Amount $25,351.00
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 22 of 30
Federal Award Contract Provisions Addendum
This Federal Award Contract Provisions Addendum is attached and incorporated into the
foregoing agreement (the "Agreement").
Unless otherwise defined herein, all capitalized terms shall have the meaning ascribed in the
Agreement. Additionally, the term "contract" shall mean the "Agreement"; the terms
"contractor", "Contractor", and "CONTRACTOR" shall mean the party identified as
"CONTRACTOR" or "PROVIDER" in the Agreement; and the terms "APPLICANT" and
"COUNTY" shall mean the COUNTY OF HENNEPIN, STATE OF MINNESOTA. Citations
included throughout this Addendum are for guidance and not determinative.
The provisions below may be applicable pursuant to (i) applicable federal law, including 2
C.F.R., Part 200, Appendix II (see, especially, 2 C.F.R. §200.327); (ii) COUNTY's application of
federal awards to this transaction; and/or (iii) the nature and cost of the transaction.
In addition to CONTRACTOR's compliance with applicable provisions, CONTRACTOR shall
ensure that its subcontractors or other parties performing on CONTRACTOR's behalf comply
with the applicable provisions and confirm the same with necessary provisions in its
subcontracts.
1) Remedies.
The remedy provisions in the Agreement shall apply.
2) Termination For Cause and/or For Convenience.
The termination provisions in the Agreement shall apply.
3) Equal Employment Opportunity.
During the performance of this contract, the contractor agrees as follows:
A. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment,
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 23 of 30
notices to be provided setting forth the provisions of this nondiscrimination
clause.
B. The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
C. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
D. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
E. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
F. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
G. In the event of the contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract
may be cancelled, terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 24 of 30
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
H. The contractor will include the portion of the sentence immediately preceding
paragraph A and the provisions of paragraphs A through H, of this subsection, in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
The APPLICANT further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: provided, that if the
APPLICANT so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision
of such government which does not participate in work on or under the contract.
The APPLICANT agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for
securing compliance.
The APPLICANT further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of September
24, 1965, with a contractor debarred from, or who has not demonstrated eligibility
for, Government contracts and federally assisted construction contracts pursuant
to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive Order. In addition, the APPLICANT agrees
that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel, terminate, or suspend
in whole or in part the federal award associated with this Agreement (contract,
loan, insurance, guarantee); refrain from extending any further assistance to the
applicant under the program with respect to which the failure or refund occurred
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 25 of 30
until satisfactory assurance of future compliance has been received from such
APPLICANT; and refer the case to the Department of Justice for appropriate legal
proceedings.
4) Davis-Bacon Act.
A. All transactions regarding this contract shall be done in compliance with the
Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of
29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C.
3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
B. Contractors are required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the
Secretary of Labor.
C. Additionally, contractors are required to pay wages not less than once a week.
5) Copeland Anti-Kickback Act.
A. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
B. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as federal agencies awarding funds to
COUNTY, which funds are used by COUNTY in association with this
Agreement, may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
C. Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in
29 C.F.R. § 5.12.
6) Contract Work Hours and Safety Standards Act.
A. Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 26 of 30
B. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph A of this section the contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in
paragraph A of this section, in the sum of $26 for each calendar day on which
such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph A of this section.
C. Withholding for unpaid wages and liquidated damages. The U.S. Department of
Homeland Security or such other applicable agency shall upon its own action or
upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph B
of this section.
D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs A through D of this subsection and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
A through D of this subsection.
7) Rights to Inventions Made Under a Contract or Agreement.
The parties shall comply with the requirements of 37 CFR Part 401.
8) Clean Air Act and the Federal Water Pollution Control Act.
A. Clean Air Act.
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §
7401 et seq.
(2) The contractor agrees to report each violation to COUNTY and
understands and agrees that COUNTY will, in turn, report each violation
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 27 of 30
as required to assure notification to the federal agencies awarding funds to
COUNTY, which funds are used by COUNTY in association with this
Agreement, and the appropriate Environmental Protection Agency
Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
hereunder that exceeds $150,000.
B. Federal Water Pollution Control Act.
(1) The contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to COUNTY and
understands and agrees that COUNTY will, in turn, report each violation
as required to assure notification to the federal agencies awarding funds to
COUNTY, which funds are used by COUNTY in association with this
Agreement, and the appropriate Environmental Protection Agency
Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
hereunder that exceeds $150,000.
9) Debarment and Suspension.
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such, the contractor is required to verify that none of the
contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2
C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935).
B. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, and must include a requirement to comply with these regulations
in any lower tier covered transaction it enters into.
C. This certification is a material representation of fact relied upon by COUNTY. If
it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to
COUNTY, the Federal Government may pursue available remedies, including but
not limited to suspension and/or debarment.
D. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 28 of 30
proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
10) Byrd Anti-Lobbying Amendment.
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient who in turn will forward the certification(s) to the awarding
agency.
If applicable, contractors must sign and submit to the non-federal entity the certification
found in APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING
LOBBYING.
11) Procurement of Recovered Materials.
A. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired:
(1) Competitively within a timeframe providing for compliance with the
contract performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
B. Information about this requirement, along with the list of EPA-designated items,
is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
C. The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
12) Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment.
A. Contractor is prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 29 of 30
(3) Enter into a contract (or extend or renew a contract) to procure or obtain
equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in
Public Law 115-232, section 889, covered telecommunications equipment
is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such
entities).
(a) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other
national security purposes, video surveillance and
telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities).
(b) Telecommunications or video surveillance services provided by
such entities or using such equipment.
(c) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in
consultation with the Director of the National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise
connected to, the government of a covered foreign country.
B. In implementing the prohibition under Public Law 115-232, section 889,
subsection (f), paragraph (1), heads of executive agencies administering loan,
grant, or subsidy programs shall prioritize available funding and technical support
to assist affected businesses, institutions and organizations as is reasonably
necessary for those affected entities to transition from covered communications
equipment and services, to procure replacement equipment and services, and to
ensure that communications service to users and customers is sustained.
C. See Public Law 115-232, section 889 for additional information.
D. See also § 200.471.
13) Domestic preferences for procurements.
A. Contractor should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement, and
other manufactured products). The requirements of this section must be included
Contract No: HS00001632
Form HYB_CR_INVOICE (Revised 8/2023) Page 30 of 30
in all subcontracts including all contracts and purchase orders for work or
products under this contract.
B. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(2) "Manufactured products" means items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
C ouncil R egular M eeng
DAT E:2/12/2024
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:Kris Law rence-A nderson, Mayor P ro Tem
S U B J E C T:P roclama/on D eclaring February 12, 2024 as D on H alvers on D ay in H onor of his 101st
birthday and C ommemorate his M ilitary S ervice in W W I I
Requested Council A con:
- moon declaring February 12, 2024 as D on H alverson D ay in H onor of his 101st birthday and
C ommemorate his Military S ervice in W W I I
B ackground:
D on H alvers on has been a res ident of Brooklyn C enter for over 64 years. H e s erved in World War I I and is
going to be celebra/ng his 101st birthday on February 24, 2024.
To commemorate M r. H alverson's 101st birthday, his military s ervice in W W I I , and his 64 years as a
res ident of the City of Brooklyn Center, we declare February 12, 2024 as "D on H alvers on D ay."
B udget I ssues:
- none
I nclusive C ommunity Engagement:
- none
A nracist/Equity Policy Effect:
- none
AT TA C H M E N TS :
D escrip/on U pload D ate Type
P roclama/on 2/9/2024 P roclama/on
Proclamation
Declaring the City of Brooklyn Center, “Celebrates, Resident and Military Veteran,
Don Halverson’s 101st Birthday and Commemorate His Military Service in WWII on
February 12, 2024
WHEREAS, Don Halverson Celebrates his 101st on Saturday, February 24: and
WHEREAS, Don Halverson has lived in the City of Brooklyn Center since 1959, sixty-
four years; and
WHEREAS, Don Halverson served his country with the U.S. Army in WWII, as a Tech
Sergeant, with the 34th Red Bull Division, 168th Infantry, and while serving in Italy from 1943 to 1945,
Don’s platoon had a casualty rate of over 80%, in the Battle of Monte Cassino; and
WHEREAS, less than one percent of the 16.1 million U.S. WWII veterans survive today
and according to the National WWII Museum only 3,845 Minnesota, WWII were still living in 2023; and
WHEREAS, Don Halverson has been very active with the Veterans of Foreign Wars,
being a member for over 75 years; and
WHEREAS, Don Halverson believes strongly in supporting our active-duty military men
and women and also in honoring all of our military veterans; and
Now, Therefore, I, Kris Lawrence-Anderson, Mayor Pro Tem, on behalf of the City Council, city staff
and city residents, do hereby proclaim today, February 12, 2024, “Commemorate Don’s Military Service
and celebrate his 101st Birthday”
February12, 2024
Date Mayor Pro Tem
ATTEST:
City Clerk
C ouncil R egular M eeng
DAT E:2/12/2024
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 the P rojected Use of F unds for the 2024 Urban H ennepin County
C ommunity D evelopment Block G rant P rogram and A uthoriz ing S ignature of a
S ubrecipient A greement w ith H ennepin C ounty
Requested Council A con:
- Moon to open public hearing, take public comment, and close public hearing
- Moon to approve a resoluon appr oving the pr ojected use of funds for the 2024 U rban H ennepin
C ounty C ommunity D evelopment B lock G rant progr am and authorizing signature of a subrecipient
agreement with H ennepin C ounty
B ackground:
I n 2023 the City Council opted to prior i,z e the funding for S ingle Family home Rehab. S taff has prepar ed a
res olu,on with the s ame support as in 2023.
C D B G funds are provided by the U.S . D epartment of H ousing and U rban D evelopment (H U D ) to help w ith
community development ac,vi,es that benefit low and moderate income pers ons . The funds are primarily
intended for bricks and mortar improvements , as oppos ed to public service ac,vi,es .
H ennepin C ounty receives C D B G funds directly from H U D as part of a cons olidated pool of funds , which is
adminis tered on behalf of par,cipa,ng suburban H ennepin County communi,es . Bloomington, Eden
P rairie, Minnetonka and P lymouth do not par,cipate in the cons olidated pool and receive C D B G funds
directly from H U D. Brooklyn Center is cons idered a D irect A lloca,on C ity and is a sub-recipient of the funds
through H ennepin C ounty.
C D B G S tatutory and A dministrave Requirements
The Federal A uthorizing S tatute for the C D B G program requires that each funded C D B G ac,vity meet one
of three na,onal objec,ves:
1. Benefi,ng low income persons
2. P reven,ng or elimina,ng slums and/or blight
3. Mee,ng urgent community needs.
The Federal Law also specifies that each recipient receiving funds must insure at leas t 70 percent of the
C D B G expenditures during the program year be used for ac,vi,es benefi,ng low and/or very low income
pers ons . Each city must meet this requirement at the local level.
A s part of the administra,on of the C D B G funds, H ennepin C ounty adopts a 5-year funding plan, w hich
further defines the priority needs of the program and clarifies what ac,vi,es are eligible for funding.
Las t year H ennepin C ounty adopted a new 5-year funding plan. O verall, the priority needs are around
con,nuing w hat ’s w orking, w hile shiAing the focus to preserving affordable and reducing dis pari,es in
hous ing stability.
These include:
P riority Need 1: P reserve & Create Rental O pportuni,es
P riority Need 2: P reserve & Create H omeow ners O pportuni,es
P riority Need 3: H ousing O pportuni,es for H omeles s Popula,ons
P riority Need 4: S upport Educa,on, O utreach, and S ervices
P riority Need 5: Encourage Neighborhood Revitaliza,on
P riority Need 6: S ,mulate Economic D evelopment
Because H ennepin C ounty is responsible for the monitoring and repor,ng of the C D B G funds , the County
oversees the us e of funds within the cons olidated pool. C i,es that wish to diverge from the typical use of
funds must seek permission from the County.
P rior to 2018, ci,es w ere allow ed to allocate up to 15 percent of their C D B G funding to public s ervices .
W hile Brooklyn C enter regularly did so, other communi,es chos e not to. I n addi,on, the repor,ng
requirements for the funds are onerous, and the County determined that it w ould be easier to pool the
public s ervice alloca,on and adminis ter the distribu,on of those funds internally. Each city is now as ked to
s end a repres enta,ve to a commiGee, which reviews public service funding requests and makes a
determina,on as a w hole as to w hich public s ervice organiza,ons get funding and how much.
F unding A llocaon O pons
H ousing Rehab P rogram - A s C D B G funds are the only source of funding to maintain the City's exis,ng
s ingle family housing s tock. 86 percent of Brooklyn C enter's housing s upply is single family homes , nearly
all of which were cons tructed prior to 1975. M any of these homes are in need of maintenance, and for low
income home ow ners this cos t can be overly burdens ome. M aintaining the city's housing s tock through this
program not only provides stable home ownership for low income home ow ners , but als o maintains an
affordable housing s tock for new buyers as well. F urther this w ait list for this program had con,nued to
grow, the current wait lis t is 282.
D own Payment A ssistance - Brooklyn C enter allocated $100,000 towards home buyer assistance with the
2020 and 2021 C D B G funding. The City is contrac,ng w ith Center for Energy and Environment (C E E) to
adminis ter the program. I n 2023, The City Council funded $60,000 from T I F 3 H ousing funds for this
program. S ince then, the C D B G funding for D own Payment has been expended and w ill us e T I F 3 H ousing
funds next.
The number of res tric,ons on this program and the limited supply of home for sale in Brooklyn C enter has
con,nued to eliminate most applicants prior to them submiKng an applica,on. A review of the M L S lis,ng
for Brooklyn C enter on J anuary 22, 2024 provided that there w ere 32 single family homes ac,vely available
for purchase.
S caGered s ite acquis i,on/rehab - The s caGered s ite acquis i,on is done in New H ope. I t is s imilar to the
City's previous buy and replace program. I t allows for the purchase and renova,on or demo of a blighted
s tructure, w hich is then sold to a low /moderate income hous ehold. The individual cost per unit is high,
minimiz ing the impact of this program.
I nfrastructure improvements - These are phys ical improvements to community or public facili,es that are
u,lized by low and moderate income residents . S ome ci,es have us e C D B G funds to purchase play ground
equipment or make other phys ical improvements. O ne challenge with the us e of C D B G funds in this manner
is that it triggers Federal Fair Wage s tandards, w hich require a significant amount of repor,ng and
paperwork, and increas ing the cos t of the project above what it w ould be if other funds were available,
making s mall s cale improvements more work and more expensive than the value of the funding being us ed.
S mall Busines s Entrepreneur F unding - O p,ons for using C D B G funds for programs to s upport the
crea,on/support of s mall bus inesses w ere discussed w ith H ennepin C ounty staff. H U D rules allow for
C D B G funds to be used in this manner under certain circumstances, s pecifically to support job crea,on.
A ccording to H ennepin C ounty staff, use of the funds requires demonstrated job crea,on over an extended
amount of ,me. Not unlike other us es of C D B G funds, it requires extens ive repor,ng, w hich falls on
individual s mall bus iness owners and monitoring is required over a number of years . Federal funding oAen
comes w ith s tringent repor,ng and monitoring requirements , which can create a barrier. A lterna,vely, the
city's E DA funds may be a beGer mechanis m to serve small busines s es as the funds can be more nimbly
applied.
Resoluon
A resolu,on has been prepared for City C ouncil’s cons idera,on to appr ove the 2024 C D B G program. The
total preliminary allo ca,on for C D B G Pro gram Year 2023 is es,mated $214,488.55 T he res olu,on allocates the
full alloca,on to the Hennepin C ounty Rehab program.
T he reso lu,on included with this memo randum also autho rizes signature of a Subrecipient Agreement, which is
the a greement between H ennepin C ounty and the C ity o f B rooklyn C enter rela,ve to C D B G f unds. T his
agreement is a standardized agreement develo ped by Hennepin C o unty and will be submiGed aAer appro val of
the C ity ’s 2024 C D B G program.
B udget I ssues:
C D B G funds are exclus ively federal dollars.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Be an effec,ve partner with other public en,,es, S trengthen and divers ify busines s development and
hous ing
AT TA C H M E N TS :
D escrip,on U pload D ate Type
Res olu,on 1/31/2024 Resolu,on LeGer
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2024 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT
WITH HENNEPIN COUNTY
WHEREAS, the City of Brooklyn Center, through execution of a Joint
Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County
Community Development Block Grant (CDBG) Program; and
WHEREAS, the City of Brooklyn Center has developed a proposal for the use of
Urban Hennepin County CDBG funds made available to it; and
WHEREAS, the City of Brooklyn Center held a Public Hearing on February 12,
2024 to obtain the view of citizens on housing and community development needs and priorities
and the City’s proposed use of $214,488.55 from the 2024 Urban Hennepin
County Community Development Block Grant; and
WHEREAS, the City of Brooklyn Center, through execution of a Joint
Cooperation Agreement with Hennepin County, is a Subrecipient community in the Urban
Hennepin County Community Development Block Grant Program; and
WHEREAS, pursuant to the Subrecipient Agreement between the City of
Brooklyn Center and Hennepin County, the City agrees to assume certain responsibilities for the
utilization of Community Development Block Grant funds; and
WHEREAS, a notice to solicit public comment was published and comments
were solicited for a period of 10 days, ending on February 12, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that it approves the following project(s) for funding from the 2024
Urban Hennepin County Community Development Block Grant Program and authorizes
submittal of the proposal to Urban Hennepin County.
Project Budget
Home Rehabilitation Program (Rehabilitation of Private Property) $214,488.55
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs
the Mayor and its’ City Manager to execute the Subrecipient Agreement and any required Third
Party Agreement on behalf of the City to implement the 2024 Community Development Block
Grant Program.
BE IT FURTHER RESOLVED, that should the actual amount of FY2024 CDBG
available to the city be different from the preliminary amount provided to the City, the City
Council hereby authorizes the city manager to adjust the following activity budget(s) at this rate:
Project Budget Adjustment
Home Rehabilitation Program (Rehabilitation of Private Property) 100%
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:2/12/2024
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:M ayor A pril G raves
S U B J E C T:A ppointment to C ity C ommis s ions
Requested Council A con:
- Moon to approve the appointments to the C ity C ommissions
B ackground:
A -er review ing all applica.ons and w orking collabora.vely w ith s taff commis s ion liaisons, here are the the
s uggested appointments to city commis s ions :
F inancial C ommission
G retchen Enger
Jeff L ewis
H ousing C ommission
Erin W ixten
Planning C ommission
S tephen S chonning
B udget I ssues:
None
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
S trengthen community and employee engagement in key decisions, A ccountability
C ouncil R egular M eeng
DAT E:2/12/2024
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:A ppproval of the 2024 L egis la/ve P riori/es
Requested Council A con:
- Moon to approve the 2024 L egislave P riories.
B ackground:
The M innesota Legisla/ve ses s ion commences on February 12, 2024, and will con/nue through M ay 20,
2024.
A3ached are the 2024 legisla/ve priori/es were iden/fied by the C ouncil and staff, which are outlined in the
a3achment. The 2024 legis la/ve priori/es cover the follow ing areas of focus:
A dministra/on
Es s en/al S ervices
H ousing and D evelopment
Busines s and Economic D evelopment
F inancial
Law Enforcement and P ublic S afety
Transporta/on
S taff is recommending that the City Council consider approval of the proposed 2024 Legisla/ve P riori/es .
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
S trengthen community and employee engagement in key decisions, Be an effec/ve partner with other public
en//es , S afety
AT TA C H M E N TS :
D escrip/on U pload D ate Type
2024 L egis la/ve P riori/es 2/8/2024 Cover Memo
2024 L egis la/ve P riori/es P P T 2/8/2024 Cover Memo
Page 1 of
10
January 2024
City of Brooklyn Center 2024 Legislative Agenda
Page 2 of
10
Overview
The City of Brooklyn Center works together with its partners to support proposals for new legislation
in Minnesota designed to strengthen the community. The following list of legislative priorities and
positions, along with those prepare by the Brooklyn Center Economic Development Authority (EDA),
constitute Brooklyn Center's legislative agenda for the 2024 legislative session.
Diversity, Equity and Inclusion
The City of Brooklyn Center, with our rich racial, ethnic and demographic diversity is committed to
supporting local, state and federal policies and investments that advance the goals of eliminating
racial and economic disparities in areas such as housing, employment, transportation, health care,
safety, etc., and works towards a more inclusive economy. Many of the detailed advocated for in this
document strive to achieve these goals.
Page 3 of
10
Administration
• BCLG 01-2024 Official Notifications / Information Access – The City of Brooklyn Center supports
the state in eliminating outdated and unnecessary publication requirements no longer relevant
or representative of the City's technological capabilities.
Justification – Currently, the state has laws mandating the City to establish an "official" or "qualified"
newspaper for formal city notifications. The law specifies that cities designate only "one" newspaper;
it must be printed in English, and if it is a daily newspaper, it must be distributed at least five days each
week, etc. While the notification standards established in 1949 were well intended, they may not be
complete or applicable to contemporary methods of communication or cost-efficient.
• BCLG 02-2024 Election Judge Recruitment and Retention – The City of Brooklyn Center supports
efforts by the state to amend regulations to eliminate the party balance requirement of appointed
and hired staff administering absentee balloting before Election Day and for city special elections.
We further recommend that the Legislature authorize time off for college students if they have
been appointed to serve as an election judge.
Justification – City elections are non-partisan and govern elections in a non-partisan manner. One of
the City's strategic priorities is "community engagement across all segments of the City." The City
desires to engage as many residents as possible in the election process.
• BCLG 03-2024 Funding for Cultural Centers/Museums and Other Community Building Assets- the
City of Brooklyn Center encourages the Legislature to provide funding and provide new rules that
will support the establishment of Cultural Museum/Centers that reflect the unique traditions and
values provided by immigrants, new Americans and diverse communities; thereby enriching the
lives of all Minnesotans.
Justification – As one of the most ethically and culturally diverse communities in the State of
Minnesota. We believe that this strength should be valued and shared. Various cultural organizations
and groups would love the opportunity to collaborate with the government, non-profits, and others to
share the benefits of their culture. We believe the state can play an extremely valuable role by
providing funding to build capacity and facilitate opportunities for these groups to add to the culture
of Minnesota in a lasting and meaningful way. We believe existing Grant Programs should be modified
or new funding should be approved to encourage Cultural Centers, Museums, and Arts to support the
goal of cultural inclusion and diversity in the state.
Page 4 of
10
Essential Services
• BCLG 04-2024 Brooklyn Center Public Works Garage – The City of Brooklyn Center supports efforts of
the State to increase funding for transportation operating and maintenance facilities, like the Brooklyn
Center Public Works Garage, as these facilities perform critical regional services.
Justification – Like many other cities across the State, Brooklyn Center’s Public Works garage has reached
the end of its useful life. The current size and design of the building creates safety issues and does not
support investments in modern equipment, like an electrified fleet and charging stations. Brooklyn Center
Public Works operations are critical to the region, as the city crews performs important regionally significant
tasks such as snow and ice control to ensure access to regional shopping centers like Shingle Creek Crossing.
Housing and Development
• BCLG 05-2024 - Ensure Housing Security - The pandemic has accelerated the impacts of an existing
housing crisis and has exposed many people to an immediate housing emergency. Tools like aid for
tenants and landlords, and funding for affordable housing are important for immediate relief and
longer-term recovery.
• BCLG 06-2024 Tenant Protections - The City of Brooklyn Center supports revising existing
regulations that restrict local governments from enacting tenant protection measures. Further,
the City of Brooklyn Center supports new legislation that clarifies and creates tools that support
tenant protection measures, both locally and state-wide. These tools include but are not limited
to, local authority to enact rent control, prevent discrimination based on income sources, limit
tenant screening practices, prevent non-renewals of leases without just cause and prevent
retaliation by rental property owners.
• BCLG 07-2024 Affordable Housing - The City of Brooklyn Center supports the creation of additional
local tools and funding for workforce housing and affordable housing programs, including
resources in a bonding bill. Specifically, the state should establish a housing tax credit contribution
fund, create a state funding match for local housing trust funds, increase funding for Economic
Development and Challenge Fund Grant program, and support dedicated funding for housing
through bonding and general fund revenue.
Justification – The lack of workforce housing makes it difficult for employers to attract workers and
for cities to attract new residents. Vacancy rates remain low and the market is not keeping up with
the demand for affordable housing options. Cities want to play a role in addressing this issue but lack
the resources and the flexible tools to create partnerships with public and private entities to ensure
an adequate supply of affordable housing options.
• BCLG 08-2024 Small Business Development – The city supports city and non-profit
partnerships in developing small business centers, incubators, and other affordable
commercial opportunities for small and BIPOC owned businesses. Agency’s such as African
Career Education and Resources and CAPI USA provide support for small businesses and
are critical in Brooklyn Center’s business community.
Page 5 of
10
• BCLG 09-2024 Business Tenant Protection – The city supports the state in creating more
protection for tenants within commercial properties, with a focus on small lower -income
businesses who are at greater risk of displacement. The City of Brooklyn Center has
received more recent feedback relating to commercial tenants with challenging lease
situation.
• BCLG 10-2024 Group Homes and Assisted Living Licensures - The City of Brooklyn Center requests
the Legislature to examine the impacts of the established regulations, which limit
the ability of municipalities to regulate group homes to determine if regulations are having a
disproportionate effect on low-income communities and communities of color.
Justification - Our experience is that single-family affordable housing neighborhoods are attractive
locations to investors seeking to profit from the establishment of group homes. Brooklyn Center has
seen a drastic increase in the number of groups homes. The concentration of these homes in low-
income neighborhoods reduces homeownership opportunities and wealth accumulation for residents
and the concentration of these businesses can change the character of the neighborhood. These
properties are straining to our local emergency response agency's as the tend to draw service calls at
a much greater rate.
• BCLG 11-2024 Building Officials – The City of Brooklyn Center supports efforts of the state to
increase its efforts to train new and diverse building officials, and provide sufficient education to
help local officials administer and enforce construction regulations.
Justification – The City has established city priorities related to resident economic stability and the
value of diversity and inclusion. There is a shortage of building officials in the state and a greater
shortage of building officials of color. Sufficient funding and support by the state would permit the
City and other cities to have access to a broader pool of candidates for building officials in the future.
Business and Economic Development
• BCLG 12-2024 Youth Tax Credit – The City of Brooklyn Center supports efforts by the state to
create an internship-to-work tax credit for organizations hosting young workers in Brooklyn
Center. This type of tax credit program exists now but is targeted at Greater Minnesota.
Justification – One of the City's strategic priorities is "Resident Economic Stability". This program would
provide an incentive for businesses to participate in the BrookLynk Program of the Brooklyn Bridge
Alliance.
• BCLG 13-2024 Workforce Readiness – The City of Brooklyn Center supports efforts of the state to
fund fully the Minnesota Job Skills Partnership and other workforce training programs. The City
also supports the state in providing flexible funding to local workforce councils and pursuing
creative programming and funding. Finally, the City supports efforts to design and implement
programs designed to address youth employment and workforce readiness.
Justification – One of the City's strategic priorities is "Resident Economic Stability". This program
Page 6 of
10
would provide an incentive for businesses to participate in the BrookLynk Program of the Brooklyn
Bridge Alliance. This effort would also, support the City's strategic priority of "Resident Economic
Stability".
• BCLG 14-2024 TIF District Flexibility - The City of Brooklyn Center generally supports efforts of the
State to increase the flexibility of TIF to facilitate redevelopment and housing activities.
Justification - In the Opportunity Site Redevelopment Area, The City has made significant investment
in the acquisition and demolition of properties to achieve redevelopment goals laid out in the Master
Plan. Market forces are also leading to significant delays in development of the property. Both
factors a diminishing the effectiveness of TIF within the Opportunity Site.
• BCLG 15-2024 TIF District Extension - The City supports creating special legislation that will allow for
creation of one or more redevelopment TIF districts within the Opportunity Site.
Justification - The City proposes special legislation that will allow for creation of one or more
redevelopment TIF districts within the Opportunity Site., even if those areas cannot qualify based on
existing statutory requirements. In addition, the City is requesting a 7-year extension to existing
district No. 7’s term, 4 -year rule, and 5-year rule. This will provide more time to complete the project
and provide for a full 26-year duration of increment collections from the project. The bill would also
provide for flexibility in spending tax increments in the district since many of the buildings are already
removed.
Financial
• BCLG 16-2024 (Metro Area Fiscal Disparities) 4D Transition Aid – The supports state funding for
cities recovering tax losses due to 4D Transition Aid.
Justification - Our region needs more units of affordable housing and deeper levels of affordability.
Brooklyn Center supports initiatives to increase affordable housing supply in in the state. The
recent legislative changes to the 4d tax classification however, disproportionality affects cities with
several 4d properties whose tax bases are already stressed. Brooklyn Center is expected to lose
over $250,000 in tax capacity over 2021 levels when the new rate is effective in 2025 (from non
TIF-captured parcels). This translates to $166,000 in the City's portion of taxes assuming pay 2023
tax rates.
The new bill does support transition aid in 2025 and 2026 for communities whose tax capacity in 4d
property exceeds 2% of total tax capacity. Based on current calculations, Brooklyn Center is
expecting $4,231 in aid under this program. This represents only 2.5% of loss expected by Brooklyn
Center. The City supports increasing the transition aid to cover cost for the entire tax impact and
extending the benefit past 2026.
• BCLG 17-2024 Metro Area Fiscal Disparities - Brooklyn Center was once a net contributor to the
Fiscal Disparities pool. Today as a net recipient, the fiscal disparity is a major factor contributing
to the fiscal stability of the City and our taxpayers. Without Fiscal Disparities, the property tax
burden in Brooklyn Center would escalate dramatically, perhaps more than 25%. We strongly
encourage continued legislative support for Metro Area Fiscal Disparities.
Page 7 of
10
• BCLG 18-2024 Sales Tax Exemption Simplification - We advocate for a way to simplify the utility of
the current sales tax exemption for construction materials. The process for using the current sales
tax exemption on construction is so complicated, risky, and burdensome to contractors and cities
that we are aware of no city that has decided to use this exemption. In Brooklyn Center, we
estimate savings of $300-$400 thousand annually for our neighborhood street and utility
construction projects if the sales tax exemption was viable.
• BCLG 19-2024 Property Tax Relief – The City of Brooklyn Center supports efforts of the state to
increase property tax relief for property owners experiencing high tax burdens due to property
tax shifts.
Justification - The City has experienced significant shifts in tax capacity growth from commercial
to residential properties throughout the years of the most recent economic recession. As a result,
residential property owners have endured a tax shift burden. We expect this trend to continue
for the coming years as housing values continue to recover and commercial and industrial market
values normalize.
• BCLG 20-2024 Local Government Aid - LGA – The City of Brooklyn Center supports the existing LGA
funding formula as an appropriate mechanism to distribute LGA, support adding a racial and economic
equity factor to the existing formula and opposes special funding using LGA funds.
Justification – LGA has been cut for many years. The City’s budget stability continues to be
dependent on LGA funding. Any changes in the formula or siphoning of funds from the overall
pool for special projects may be detrimental to the City’s financial stability.
Law Enforcement & Public Safety
• BCLG 21- Permanent Prevention and Intervention Public Safety Aid - The City supports extension
and permanent funding of Public Safety Aid.
Justification – In 2023, the State Legislature passed one-time funding “Public Safety Aid” for
purposes of supporting public safety, including community violence prevention and intervention
programs, community engagement; mental health crisis; victim serves; training programs; first
responder- wellness; equipment related to fire, rescue, emergency services; or to pay other
personnel or equipment costs. Public safety response strategies alone are not sustainable
financially or to the well-being and health of humans. Cities, counties and communities have little
to no abilities to fund the critical public safety strategies of prevention and intervention.
Permanent funding of community-centered public safety prevention and intervention will lead to a
more sustainable, healthier and well-being of people.
• BCLG 22–2024 Race Identification on Driver’s License – The City support self-identified race
designation on driver’s license.
Justification – A self-identified race designation on the driver's license will facilitate the automatic
capture of accurate race-related police activity data. This will improve our capacity to capture
information to develop policies and practices that reduce/eliminate racial bias and inequity in
Page 8 of
10
policing.
• BCLG 23-2024 Cop Autism Response Education and Vitals App - City of Brooklyn Center supports
legislative funding for the expansion of the COP Autism Response Education (CARE) training model
and VITALs app to better meet the needs of individuals on the Autism Spectrum and build more
inclusive communities.
Justification- Each year globally, an increasing number of children are being diagnosed with autism
spectrum disorders. The State of Minnesota has the second-highest autism prevalence rate in the
United States. Individuals with Autism Spectrum Disorder are valued members of our community
and help to strengthen the City of Brooklyn Center, Unfortunately, individuals on the Autism
Spectrum face significant barriers in utilizing emergency services due to sensory processing and
other characteristics that are included in the diagnosis of Autism Spectrum Disorder. CARE and
Vitals App are two significant tools that may be used to improve the efficacy and effectiveness of
the emergency response to persons living in our community diagnosed with Autism Spectrum
Disorder.
• BCLG 24-2024 - Juveniles in Municipal Jails – The City of Brooklyn Center supports efforts by the
state to clarify state statutes that would allow juveniles to be held for questioning and booking in
the City jail for up to six hours.
Justification – The City would have more of an opportunity and time to work with a juvenile to
resolve or remedy their situations before being transported to Hennepin County Jails should the
state increase the max time juveniles may be held in a licensed municipal jail.
• BCLG 25-2024 - 21st Century Policing – The City of Brooklyn Center supports action by the state
to increase funding for peace officer training, peace officer wellness activities, and grants to the
cities to deploy technologies such as dash and body-worn cameras, all of which align with the
President's Task Force 21st Century Policing Report.
Justification - The City initiated efforts to implement 21st Century Policing soon after the report
was published. The City continues to develop and train peace officers under the report. Funding
support from the state would help advantage and stretch the use of City resources. To date, the
City has taken on the expense of such efforts at the City's expense.
• BCLG 26-2024 – Appropriation; Fencing Consortium - $5,000,000 in fiscal year 2024 is
appropriated from the general fund to the commissioner of public safety for a grant to the Fencing
Consortium for acquisition of anti-scale fencing, pedestrian doors, and vehicle gates for local
government facilities statewide to improve equitable access to a de-escalation and safety tool.
This appropriation is available until the project is completed or abandoned, subject to Minnesota
Statutes, section 16A.642. This is a onetime appropriation.
Justification – Currently there is a consortium of Hennepin County cities participating in this joint
Page 9 of
10
effort. Having the state take the lead on this effort would benefit all entities across the State of
Minnesota.
• BCLG 27-2024 Joint EOC and Indoor Regional Fire Training Facility (located in Brooklyn Park) –
The city supports funding for Brooklyn Park’s regional joint emergency operations center and
indoor fire training facility.
Justification - There currently is no option for this type of training in the NW metro. Having
this type of resource available to departments would be great in expanding fire training for our
firefighters. The demand for this type of regional facility is in huge demand since many of our
paid-on call firefighters have only a few years of service and very little real-life
training. Brooklyn Center Fire Department would use this type of training facility many times
annually.
• BCLG 28-2024 Regional Live Fire Training Facility (located in Dayton) – The city supports funding for
the Dayton Regional live fire training facility.
Justification - The Dayton facility will include a live burn tower where we can teach and learn with
live fire training and operations from a multi-story training building. There currently is no option
for this type of training in the NW metro. Having this type of resource available to departments
would be great in expanding fire training for our firefighters. The demand for this type of regional
facility is in huge demand since many of our paid-on call firefighters have only a few years of
service and very little real-life training. Brooklyn Center Fire Department would use this type of
training facility many times annually.
• BCLG 29-2024 Continued and increased funding to MNFIRE and MBFTE – The city supports
continued and increased funding of MNFIRE and MBFE
Justification - Both of these State funded programs offer resources to fire fighters and fire
departments that are crucial for the wellbeing of our fire fighters. Brooklyn Center takes
advantage of both of these programs annually and the extra resources are vital to our
budget. MNFIRE is a wellbeing program that helps firefighters deal with top problems many fire
fighters encounter while or after serving their community, such as cancer, sleep, emotional trauma,
and nutrition. BCFD has been trained in all of their classes they currently offer for free. MBFTE
give each city back training dollars and pays a majority of the initial firefighter training, again crucial
for departments budgets to continue this.
• BCLG 30-2024 Public Safety Responder Mental Health and Well-Being – The city supports creation
and permanent funding for public safety responder mental health and well-being.
Justification - During service to their community, front line first responders handle some of the
most difficult calls. One call or the totality of calls in one’s career, can negatively impact their
mental and physical health if not addressed properly. While we continue to normalize the
conversations surrounding mental health, we must provide resources to first responder staff to
live, work and retire healthy. PTSD related retirements have grown exponentially in the recent
years. PTSD is treatable; we need to ensure we are providing prevention, resiliency and treatment
options for our first responders.
Page 10 of
10
Transportation
• BCLG 31-2024 Highway 252/I-94 Project – The City of Brooklyn Center supports the State
addressing the long-standing safety issues on Trunk Highway (TH) 252, while at the same
time protecting human health, promoting regional equity, and enhancing the livability and
prosperity of Brooklyn Center.
Justification - The TH 252 corridor is dangerous by design. According to the Minnesota
Department of Transportation (MnDOT), the full length of Highway 252 and I-94 within the
project area have a demonstrated crash problem and that crossing Highway 252, on foot
or by bike, can be difficult due to the number of lanes, crossing distances, and busy
intersections. Brooklyn Center has long advocated that the safety issues along the corridor
must be addressed. However, the solution to the problem needs to ensure the project
protects human health, promotes regional equity, and enhances the livability and
prosperity of Brooklyn Center. Specifically, the City supports the following initiatives:
o Using racial and economic equity factors when considering state and local cost
shares for the Highway 252/I-94 Project.
o Creating and funding strategies to mitigate the impact the project will have on the
local tax base.
• BCLG 32-2024 MVLST Funding - The City of Brooklyn Center supports including Hennepin
County in the distribution of motor vehicle lease sales tax (MVLST).
Justification - Hennepin County residents contribute substantially to the MVLST but State Law
excludes the county from receiving funding from this transportation source. If included,
Hennepin County would receive $10.4 million annually for roads, bridges, and pedestrian and
bikeway projects. The rationale to exclude Hennepin and Ramsey counties from receiving MVLST
formula funds was based on enabling new taxing authority through the creation of the County's
Transit Improvement Board (CTIB). With CTIB's dissolution in 2017, this rationale for excluding
Hennepin and Ramsey counties from receiving MVLST Formula funds has ceased to exist.
• BCLG 33-2024 Transportation Funding – The City of Brooklyn Center supports the state by
providing more funding, including bonding, for improvements to all components of the
transportation system. The City specifically supports funding for the TH 252/I-94 project and the
Blue Line Light Rail Extension
Justification – The City supports a well-funded regional transportation system. Additional funding
by the Legislature would permit the City to access various funding sources from the Minnesota
Department of Transportation for City projects.
City of Brooklyn Center
2024 Legislative Priorities
October 8, 2018
Review
City Council January 31, 2024
Brooklyn Center 2024 Legislative Priorities
Agenda:
•Welcome
•Introductions
•Brooklyn Center 2024 Legislative Priorities
•Guest Elected Officials/Staff Top 2024 Legislative Priorities
•Collaborating for Success
•City Council Reflections
•Close
2
3
Brooklyn Center 2024 Legislative Priorities
•Overview -The City of Brooklyn Center works together with its partners to
support proposals for new legislation in Minnesota designed to strengthen the
community. The following list of legislative priorities and positions, along with
those prepare by the Brooklyn Center Economic Development Authority (EDA),
constitute Brooklyn Center's legislative agenda for the 2024 legislative session.
•Diversity, Equity and Inclusion -The City of Brooklyn Center, with our rich racial,
ethnic and demographic diversity is committed to supporting local, state and
federal policies and investments that advance the goals of eliminating racial and
economic disparities in areas such as housing, employment, transportation,
health care, safety, etc., and works towards a more inclusive economy. Many of
the detailed advocated for in this document strive to achieve these goals.
2
Brooklyn Center 2024 Legislative Priorities
2
Administration
•BCLG 01-2024 Official Notifications / Information Access
•BCLG 02-2024 Election Judge Recruitment and Retention
•BCLG 03-2024 Funding for Cultural Centers/Museums and Other Community Building Assets-
Essential Services
•BCLG 04-2024 Brooklyn Center Public Works Garage
Housing and Development
•BCLG 05-2024 Ensure Housing Security
•BCLG 06-2024 Tenant Protections
•BCLG 07-2024 Affordable Housing
•BCLG 08-2024 Small Business Development
•BCLG 09-2024 Business Tenant Protection
•BCLG 10-2024 Group Homes and Assisted Living Licensures
•BCLG 11-2024 Building Officials
Brooklyn Center 2024 Legislative Priorities
2
Business and Economic Development
•BCLG 12-2024 Youth Tax Credit
•BCLG 13-2024 Workforce Readiness
•BCLG 14-2024 TIF District Flexibility
•BCLG 15-2024 TIF District Extension
Financial
•BCLG 16-2024 (Metro Area Fiscal Disparities) 4D Transition Aid
•BCLG 17-2024 Metro Area Fiscal Disparities
•BCLG 18-2024 Sales Tax Exemption Simplification
•BCLG 19-2024 Property Tax Relief
•BCLG 20-2024 Local Government Aid -LGA
Law Enforcement & Public Safety
•BCLG 21-2024 Permanent Prevention and Intervention Public Safety Aid
•BCLG 22–2024 Race Identification on Driver’s License
•BCLG 23-2024 Cop Autism Response Education and Vitals App
•BCLG 24-2024 Juveniles in Municipal Jails
Brooklyn Center 2024 Legislative Priorities
2
Law Enforcement & Public Safety
•BCLG 21-2024 Permanent Prevention and Intervention Public Safety Aid
•BCLG 22–2024 Race Identification on Driver’s License
•BCLG 23-2024 Cop Autism Response Education and Vitals App
•BCLG 24-2024 Juveniles in Municipal Jails
•BCLG 25-2024 21st Century Policing
•BCLG 26-2024 Appropriation; Fencing Consortium
•BCLG 27-2024 Joint EOC and Indoor Regional Fire Training Facility (located in Brooklyn Park)
•BCLG 28-2024 Regional Live Fire Training Facility (located in Dayton)
•BCLG 29-2024 Continued and increased funding to MNFIRE and MBFTE
•BCLG 30-2024 Public Safety Responder Mental Health and Well-Being
Transportation
•BCLG 31-2024 Highway 252/I-94 Project
•BCLG 32-2024 MVLST Funding
•BCLG 33-2024 Transportation Funding
Legislative Priorities
Top Priority –TIF Districts
•BCLG 14-2024 TIF District Flexibility -The City of Brooklyn Center
generally supports efforts of the State to increase the flexibility of TIF to
facilitate redevelopment and housing activities.
Justification -In the Opportunity Site Redevelopment Area, The City
has made significant investment in the acquisition and demolition of
properties to achieve redevelopment goals laid out in the Master
Plan. Market forces are also leading to significant delays in
development of the property. Both factors a diminishing the
effectiveness of TIF within the Opportunity Site.
•BCLG 15-2024 TIF District Extension -The City supports creating special
legislation that will allow for creation of one or more redevelopment TIF
districts within the Opportunity Site.
Justification -The City proposes special legislation that will allow for
creation of one or more redevelopment TIF districts within the
Opportunity Site., even if those areas cannot qualify based on
existing statutory requirements. In addition, the City is requesting a
7-year extension to existing district No. 7’s term, 4 -year rule, and 5-
year rule. This will provide more time to complete the project and
provide for a full 26-year duration of increment collections from the
project. The bill would also provide for flexibility in spending tax
increments in the district since many of the buildings are already
removed.
2
Brooklyn Center 2024 Legislative Priorities
Top Priority –Metro Fiscal Disparities
•Metro Area Fiscal Disparities 4D Transition Aid –The
supports state funding for cities recovering tax losses due
to 4D Transition Aid.
Justification -Our region needs more units of affordable housing
and deeper levels of affordability. Brooklyn Center supports
initiatives to increase affordable housing supply in in the state.
The recent legislative changes to the 4d tax classification
however, disproportionality affects cities with several 4d
properties whose tax bases are already stressed. Brooklyn Center
is expected to lose over $250,000 in tax capacity over 2021 levels
when the new rate is effective in 2025 (from non TIF-captured
parcels). This translates to $166,000 in the City's portion of taxes
assuming pay 2023 tax rates.
The new bill does support transition aid in 2025 and 2026 for
communities whose tax capacity in 4d property exceeds 2% of
total tax capacity. Based on current calculations, Brooklyn Center
is expecting $4,231 in aid under this program. This represents
only 2.5% of loss expected by Brooklyn Center. The City supports
increasing the transition aid to cover cost for the entire tax
impact and extending the benefit past 2026.
2
Brooklyn Center 2024 Legislative Priorities
Top Priority –Permanent Public Safety Aid
•Permanent Prevention and Intervention Public
Safety Aid -The City supports extension and
permanent funding of Public Safety Aid.
Justification –In 2023, the State Legislature passed one-
time funding “Public Safety Aid” for purposes of
supporting public safety, including community violence
prevention and intervention programs, community
engagement; mental health crisis; victim serves; training
programs; first responder-wellness; equipment related to
fire, rescue, emergency services; or to pay other personnel
or equipment costs. Public safety response strategies
alone are not sustainable financially or to the well-being
and health of humans. Cities, counties and communities
have little to no abilities to fund the critical public safety
strategies of prevention and intervention. Permanent
funding of community-centered public safety prevention
and intervention will lead to a more sustainable, healthier
and well-being of people.
2
Brooklyn Center 2024 Legislative Priorities
Top Priority –Highway 252/I-94 Project
•BCLG 31-2024 Highway 252/I-94 Project –The City of Brooklyn Center supports
the State addressing the long-standing safety issues on Trunk Highway (TH)
252, while at the same time protecting human health, promoting regional
equity, and enhancing the livability and prosperity of Brooklyn Center.
Justification -The TH 252 corridor is dangerous by design. According to the
Minnesota Department of Transportation (MnDOT), the full length of
Highway 252 and I-94 within the project area have a demonstrated crash
problem and that crossing Highway 252, on foot or by bike, can be difficult
due to the number of lanes, crossing distances, and busy intersections.
Brooklyn Center has long advocated that the safety issues along the corridor
must be addressed. However, the solution to the problem needs to ensure
the project protects human health, promotes regional equity, and enhances
the livability and prosperity of Brooklyn Center. Specifically, the City
supports the following initiatives:
o Using racial and economic equity factors when considering state and local
cost shares for the Highway 252/I-94 Project.
o Creating and funding strategies to mitigate the impact the project will
have on the local tax base.
2
Brooklyn Center 2024 Legislative Priorities
Questions, Answers, and Discussion
2
Council/E D A Work
S ession
City Hall Council Chambers
February 12, 2024
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.New L iquor Store #2 P roject Update
- City Staff is providing an update prior to seeking proposals for architectural
and engineering services related to construction of new Liquor Store
Number 2 and additional office condominium space at the corner of
Brooklyn Boulevard and 70th Ave North.
P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS
1.Upcoming I tems
Memorial Policy
Special Assessment Policy/Franchise F ees (referred to Financial
Commi ssion)
Beautification and P ublic Art Commission
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
C ouncil/E DA Work Session
DAT E:2/12/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:A ndy S plinter, F inance D irector
S U B J E C T:New L iquor S tore #2 P roject Update
Requested Council A con:
- C ity S taff is providing an update prior to seeking proposals for architectural and engineering services
related to construcon of new L iquor S tore Number 2 and addional office condominium space at the
corner of Brooklyn Boulevard and 70th Ave North.
B ackground:
A market s tudy was performed in 2018 which concluded that C ity should seek to build and own their own
s tores as opposed to leas ing space. New Liquor S tore #1 construc6on was completed in early 2020 and
ready for move-in prior to the end of their leas e in J une of that year. The leas e for Liquor S tore Number 2 is
expiring at year end 2023 and w e have begun planning for construc6on of a new store to be move-in ready
prior to that date.
Upon reviewing City ow ned lots, the loca6on at 70th Ave and Brooklyn Blvd appealed to our L iquor S tore's
needs for vis ibility and acces s ibility. D ue to the s iz e of the lot, C ommunity D evelopment sugges ted
combining the project w ith office condominiums that would be lis ted for s ale by the E DA . Thes e would
s a6s fy a s ector of the real estate market that is high demand in our area.
B udget I ssues:
The L iquor S tore C ons truc6on por6on of this item w as included in the 2022 budget.
A nracist/Equity Policy Effect:
S trategic Priories and Values:
AT TA C H M E N TS :
D escrip6on U pload D ate Type
L iquor S tore presenta6on 2/8/2024 P resenta6on
2/8/2024
1
Brooklyn Center
Liquor Store #2 Project Update
October 8, 2018
Review
City Council Presentation, February 12, 2024
Angela Holm, Finance Director
Background
•October 8, 2018
•Shenehon Company Market Study Work Session (September 10,
2018)
•Recommendation was to own stores as opposed to renting, City Council
approved construction of Liquor Store #1 completed in early 2020.
•2022 Liquor Budget included funds for acquisition and construction of new
Liquor Store #2 in preparation for lease expiration at year end 2023.
2
2/8/2024
2
Benefits of Ownership
•Profit margin would benefit from no longer paying rent expense, and BC
Liquor would accumulate equity as debt is paid off
•Equity appreciation if the value of real estate increases over time
•Complete autonomy over the layout of the store, signage and branding and
ability to maximize the economic and energy efficiency of the property
•Maintenance costs could be maintained and managed, and property taxes
would not be applicable
•Elimination of percentage‐based rent (based on how successful the store was
at generating sales)
3
Potential Site for New Store
•Main concern for new store was visibility, current location
is setback from Brooklyn Blvd and somewhat hidden due
to the location of Culvers, Speedway, and surrounding
businesses
•Accessibility with easy in and out access from Brooklyn
Boulevard
•Security – lighting at leased location is not sufficient in
parking lot
4
2/8/2024
3
Potential Site for New Store
•Reviewed sites on Brooklyn Boulevard owned by EDA for
any opportunities to utilize existing City assets
•Site at 70th Ave N and Brooklyn Boulevard is ideal for
visibility and access
•Due to the size and desirability of the site, Community
Development proposed a combination use, including the
new Liquor Store along with additional office
condominiums that would be offered for sale.
5
Office Condominiums
•A recent market study conducted for the Brooklyn Boulevard study found
that office condominiums would be a desired and feasible product type
along the corridor
•The EDA has a strategic priority around Business Economic Stability –
which includes providing stable bricks and mortar opportunities for local
businesses and wealth building
•The site offers an opportunity to develop 6‐8 office condo units that can
be sold by the EDA with a scoring system that favors local entrepreneurs
•Due diligence is underway to determine the financial feasibility of the
office condo concept
•The goal of the initiative would be for the EDA to recoup any development
expenses through the sale of the units
6
2/8/2024
4
Initial thoughts on Financing
•Liquor Store would purchase their share of the land from
EDA with available reserves
•EDA would bond for construction of the building and
effectively lease the new store back to the City
•Bond would be structured so that payments were similar
to existing rent at Store #2
7
Initial
Site
Plan
8
2/8/2024
5
Next Steps
City Staff is seeking approval to proceed with seeking proposals for
architectural and engineering services related to construction of new
Liquor Store Number 2 and additional office condominium space at the
corner of Brooklyn Boulevard and 70th Ave North.
9
Questions?
10
C ouncil/E DA Work Session
DAT E:2/12/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:D r. Reggie Edwards, City Manager
S U B J E C T:U pcoming I tems
Requested Council A con:
Memorial Policy
S pecial A s s essment Policy/F ranchise Fees (referred to Financial Commission)
Beau/fica/on and P ublic A rt C ommis s ion
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 e7lement
A R PA F unds
G rants: Revenues & Expens es
P urchasing Policy
I nterveners I mpact
Revis it Resolu/on 2021-73
P lanning A pplica/on P roces s
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values: