HomeMy WebLinkAbout2024.06.10 CCPCouncil Worksession
City Hall Council Chambers
J une 10, 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.Council M iscellaneous Discussion Items
a.Resolution 2021-73
3.City M anager M iscellaneous Discussion Items
4.Adjourn
C ouncil Worksession
DAT E:6/10/2024
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:Res olu#on 2021-73
B ackground:
AT TA C H M E N TS :
D escrip#on U pload D ate Type
Res olu#on 2021-73 1-4 6/6/2024 Backup M aterial
M ock up resolu#on 6/6/2024 Backup M aterial
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RESOLUTION NO. 202l-73 (Amended 2024-01)
RESOLUTION ADOPTING THE DAUNTE WRIGHT AND KOBE DIMOCK"
HEISLER COMMUNITY SAFETY AND VIOLENCE PREVENTION ACT
WHEREAS, the City of Brooklyn Center ("City',) can create a safer, healthier, more just,
and more thriving community by promoting a diversity of responses to our community’ s safety
needs that do not rely solely on our armed law enforcement officers; and
WHEREAS, many approaches have proven to be safe and effective for responding to
non-moving traffic offenses, low-level violations, to people with mental health needs or
disabilities, and to other similar situations that do not involve armed law enforcement officers;
and
WHEREAS, creating alterative responses in these situations will allow our law
enforcement officers to focus their time, training, and expertise on serious threats to the
immediate safety of our residents; and
WHEREAS, relying on our aimed law enforcement officers as first responders in these
situations has in some circumstances resulted in escalation, harm, and the tragic and potentially
avoidable loss of life for our residents, including Daunte Wright and Kobe Dimock-Heisler; and
WHEREAS, a diversity of approaches will improve overall public safety, better address
the root causes of many systemic issues, promote racial justice, better protect vulnerable
2
members of our community, and more efficiently allocate public resources while recognizing
there is still work to be done to address policing mindset and culture; and
WHEREAS, the residents of Brooklyn Center have demanded change in our City and
will help co-create new approaches to health and safety in our community, and this Act affirms
our commitment to an intentional, inclusive and collaborative process that involves City
leadership and the community working together to fully implement the intent this Act; and
WHEREAS, the City Council will be drawing upon the best aspects of many different
existing models and polices from all across the country in order to adapt them for our City with
the help of residents, experts and data analysis, and the City is committing to all of these
measures in a single, unified Act to deliver true transformational change for our community; and
WHEREAS, the City Council is committed to putting in the work necessary to bring
about changes as quickly as possible in how the City provides public safety while recognizing
that some of these measures will take longer to implement than others, and that additional work
remains to be done to create a healthier and more equitable community even beyond this Act.
NOW, THEREFORE, the City Council of the City of Brooklyn Center, Minnesota,
resolves as follows:
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1. Amend the Adopted Act Adopted. The Daunte Wright and Kobe Dimock-Heisler
Community Safety and Violence Prevention Act ("Act") is hereby adopted for the
City.
2. Community Expanded Response , which is a unit of government Department. The City will
create an unarmed Community Expanded Response government unit Department to respond
to all incidents where a City resident is primarily experiencing a medical, mental health,
disability-related, or other behavioral or social need. , including by the creation of a The
Community Expanded Response Department shall provide consisting of trained medical
and mental health professionals, social workers or other staff and volunteers. , and by a
Services provided by the Community Expanded Response shall be dispatched by the
Hennepin County 911 call system. system routing appropriate calls to the Community
Response Government Unit Department and not to the Police Department; and by any other
appropriate changes in ordinance practices or policies,
3. Non-Moving Traffic Violation Enforcement , which is a unit of government Department.
The City will create an unarmed civilian Non-Moving Traffic Violation Enforcement
Department to enforce all non-moving traffic violations in the City., including by creating
the civilian Traffic Enforcement Department and by any other appropriate changes in
ordinance, practices or policies, including restricting or eliminating the types of traffic
offenses enforced by the City's armed law enforcement patrol officers.
4. Community Prevention, Health, and Safety government unit Department of Community
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Safety and Violence Prevention. The City will create a new government unit Department of
Community Prevention, Health, and Safety and Violence Prevention (the "government unit
Department") that will be responsible for coordinating with overseeing all city agencies and
citywide efforts regarding community prevention, health and public safety and ensuring a
well-coordinated, public health-oriented approach throughout our city that relies upon a
diversity of evidence-based prevention and intervention approaches to public safety, and with
a Director who has appropriate credentials and experience including public health expertise,
community prevention and intervention in public safety, and that at minimum the following
will have oversight of governmental units of Community Alternative Response and Non-
Moving Traffic Violation Enforcement existing and to-be-created City agencies will all
report directly to the Department and be subject to the authority of its Director: the Police
Department, the Fire Department, the Traffic Enforcement Department , and the Community
Response Department.
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
J une 10, 2024
AGE NDA
1.Call to Order - 7:00 p.m.
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.
2.Roll Call
3.P ledge of Allegiance
4.Informal Open Forum
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.
a.Meeting Decorum
5.Invocation - J erzak
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 meeting minutes
05/28/24 Worksession
05/28/24 Regular Session
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.Amending the 2024 City Council Meeting Schedule
- Motion to amend the 2024 City Council meeting schedule due to the
cancellation of the June 26 Budget meeting and addition of the Canvassing
Board.
d.Resolution A ccepting Bid and Awarding a Contract, I mprovement P roject No.
2023-10, I 694/Dupont Ave Water Main Crossing Replacement P roject
- Moti on to approve the resolution accepting the lowest responsible bid and
award a contract to Northdale Construction Company, Inc. for Improvement
Project No. 2023-10, I694/Dupont Ave Water Main Crossing Replacement
Project.
7.P resentations/Proclamations/Recognitions/Donations
a.P FA S and B rooklyn Center Drinking Water
- Motion to accept the presentation.
b.Resolution Recognizing and Honoring Officer Meloney Knight for Over 30
Years of Dedicated Service to the City of Brooklyn Center
- Motion to approve a resolution recognizing and honoring Officer Meloney
Knight for over 30 years of Dedicated Service to the City of Brooklyn Center
8.P ublic Hearings
9.P lanning Commission Items
a.An Ordinance A mending S ection 35-4103 (Allowed Use Table) of the City
Code of Ordinances Regarding Public and Private Elementary and
Secondary S chools Offering a Regular Course of Study in the Transit
Oriented Development (TO D) Z oning District - S econd Reading
- Motion to approve a second reading regardi ng the adoption of an
ordinance amending Section 35-4103 (Allowed Use Table) of the City Code
of Ordinances, and as outlined under Planning Commission Application
No. 2024-008, to allow for Public and Private Elementary and Secondary
Schools Offering a Regular Course of Study in the Transit Oriented
Development (TOD) zoning district, and publ ish the adopted ordinance in
the Brooklyn Center Sun Post.
10.Council Consideration Items
a.Reading of E xecutive P erformance E valuation
11.Council Report
12.Adjournment
COUNCIL MEETING DECORUM
To ensure meetings are conducted in a professional and courteous manner which enables the orderly
conduct of business, all persons in attendance or who participate in such meetings shall conduct
themselves in a manner that does not interfere with the ability of others to observe and, when allowed,
to participate without disruption or fear of intimidation.
A. Decorum. Persons who attend meetings must avoid conduct that disrupts, interferes with, or
disturbs the orderly conduct of the meeting or the ability of other attendees to observe and
participate as appropriate. To that end, persons who attend meetings are subject to the following:
(1) Members of the public may only speak during meetings when allowed under Council Rules
and only after being recognized by the presiding officer. The presiding officer may establish
time limits for the acceptance of public comments or testimony.
(2) Public comments or testimony must be addressed to the presiding officer and not to other
Council Members, staff, or others in attendance.
(3) All elected officials shall be referred to by their proper title and surname.
(4) Public comments should avoid personal accusations, profanity, or other improper content for
a public meeting.
(5) Intimidating behaviors, threats of hostility, or actual violence are disallowed.
(6) Audible demonstrations intended to disrupt the meeting should be avoided, including
stomping of feet, snapping of fingers, clapping of hands, and other conduct that may be
intimidating or threatening to others.
(7) Holding, displaying, or placing banners, signs, objects, or other materials in any way that
endangers others, prevents the free flow of individuals within the chamber, or obstructs or
prevents the viewing of the meeting by others is not allowed.
B. The presiding officer shall request any person(s) who disrupt, interfere with or disturb the
orderly conduct of a meeting to cease the conduct and, as necessary, shall issue an oral
warning to the individual(s) found to be in violation. If the individual(s) persists in disrupting,
interfering with, or disturbing the meeting, the presiding officer may have the individual(s)
removed or, under appropriate circumstances, temporarily clear the gallery. If for any reason
the presiding officer fails to take such action, a majority vote may be substituted for action
by the presiding officer to maintain order and decorum over the proceedings.
C. The Council Chambers capacity is 76 persons per fire code.
C ouncil R egular M eeng
DAT E:6/10/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :D r. Reggie Edwards, City Manager
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 meeng minutes
05/28/24 Worksession
05/28/24 Regular S ession
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee5ngs must be documented
and approved by the governing body.
B udget I ssues:
- 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
AT TA C H M E N TS :
D escrip5on U pload D ate Type
5.28 Work S es s ion 6/4/2024 Backup M aterial
5.28 C I ty C ouncil 6/4/2024 Backup M aterial
5/28/24 -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
WORKSESSION
MAY 28, 2024
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Worksession called to order by Mayor April Graves at
6:08 p.m.
Mayor Graves reminded the Councilmembers to review the applications for the Commissions and
complete the scoring process.
ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Assistant City
Manager/City Clerk Barb Suciu, Deputy City Clerk Shannon Pettit, and City Attorney Jason Hill
and Siobhan Tolar.
COUNCIL MISCELLANEOUS DISCUSSION ITEMS
Mayor Graves explained the conduct of City representatives and accountability needs to be
discussed again. She asked if there were any other topics to discuss.
Councilmember Lawrence-Anderson noted the Friday update email indicated Abdo hasn’t
completed the audit. She asked why there was a delay. City Manager Reggie Edwards explained
the auditors provided a window for Brooklyn Center to provide certain information. Staff provided
as much information as possible at the time, but it wasn’t sufficient for the audit. By the time Staff
submitted the rest of the information, the time frame for the City had closed. Abdo expects they
will be able to complete the audit mid-September. The audit will be completed before any budgets
are reviewed.
Mayor Graves stated the previous firm completed the audit around June. It sounds like it might
be the City’s fault, but perhaps Abdo asked for more information than Brooklyn Center regularly
submits. Dr. Edwards stated Staff provided information that they believed was sufficient, but there
was a miscommunication. There is now a fully staffed Finance Department.
Councilmember Jerzak stated Staff knows what information needs to be submitted for the next
audit season, so the issue won’t happen again. Dr. Edwards confirmed Staff created templates to
more efficiently gather information for the next audit.
5/28/24 -2- DRAFT
Mayor Graves noted Brooklyn Park has a certain Code of Conduct and a Commission Guidebook.
She asked if Brooklyn Center provides similar information for their Commissioners. Assistant
City Manager/City Clerk Barb Suciu stated the Planning Commission has a bit of onboarding, but
none of the other Commissions do.
Mayor Graves suggested Brooklyn Center develop documents similar to Brooklyn Park’s.
Councilmember Lawrence-Anderson pointed out she had suggested the same idea in the past.
Mayor Graves stated they need a Council consensus.
It was the consensus of the Council to direct Staff to create a guidebook for Commissioners.
Mayor Graves added it would be helpful to ask Staff liaisons for their input to determine if it would
be helpful to have training for Commissioners.
Mayor Graves explained there was a previous discussion to review purpose, definitions, and
responsibilities with their Commissioners. However, there needs to be a more specific conduct
requirement laid out along with accountability measures. Potential consequences include a
warning from Staff or Council, removal from a Commission by consensus of the Council, and
prohibition from serving on a Commission for a period of time by consensus of the Council.
Councilmember Kragness asked if the warning step is a unilateral decision. Mayor Graves stated
her understanding was that the City Manager or Mayor would be notified of a concern. From
there, it would be an opportunity for the City Manager or Mayor to alert the Commissioner of the
issue in a non-public way.
Councilmember Kragness stated because Commissioners are appointed by the Council, each step
of the accountability process should also include the Council.
Councilmember Jerzak noted his agreement with Councilmember Kragness. It would also prevent
weaponizing the warning step. Furthermore, a consensus of the Council would create an
opportunity for appeal.
Councilmember Kragness added it would eliminate a Commissioner’s potential excuse of blaming
a bad relationship with the Mayor or City Manager and put the onus on the entire Council.
Mayor Graves pointed out that the information warranting any actions would be a complaint from
someone. There isn’t a need to appeal a verbal warning. If someone makes a complaint, requiring
consensus for a mere warning could rely too much on political moves or personal agendas. She
asked the City Attorney for his input.
City Attorney Jason Hill stated a warning could be a Council consensus. However, it would have
to be in a public hearing. The Council could add an appeal process to the warning step, though it
may be unnecessary as there isn’t an action attached to a warning.
5/28/24 -3- DRAFT
Mayor Graves noted the warning shouldn’t be a public hearing topic because the Commissioner
may have made an honest mistake. For example, a Commissioner may use a microaggression and
be unaware of its impact.
Councilmember Lawrence-Anderson noted her agreement with Mayor Graves. She requested the
rest of the Council be notified if the Mayor or City Manager gave out a warning.
Councilmember Butler agreed with Mayor Graves. It doesn’t need to be an embarrassment. She
asked if there are levels of conduct that would surpass a warning level. For example, physical
aggression would warrant more than a warning.
Mayor Graves asked if the accountability document includes automatic dismissal situations. Mr.
Hill stated there is similar language in employee handbooks that could be added to the
accountability measures.
There was consensus by the Council to move forward with the three-step accountability process
and add automatic removal language from an employee handbook.
Mayor Graves continued to read the accountability document. The seriousness of an offense would
result in a similarly serious response. The first step for negative comments should not be removal
from a position.
Mayor Graves stated per the document, a Councilmember, Staff person, or community member
may report conduct violations. Upon receipt of the complaint, the first step is to triage. The Mayor
and City Manager would gather information, potentially have a conversation with human
resources, and determine next steps. If needed, the matter would be referred to the criminal legal
process. From there, one of the accountability measures would occur.
Mayor Graves stated if the Council were to vote to remove or prohibit a Commissioner from
serving, there needs to be a 14-day warning provided to the Commissioner. The document must
include the reasoning for the decision and the effective date. The Commissioner may request a
hearing before the Council at the next City Council meeting.
Mayor Graves added any misconduct by a Commissioner during a meeting may result in a verbal
correction by the Chair or other Commissioners. If needed, the meeting may be adjourned.
There were no objections from the Council.
Mayor Graves noted the last page of the document is a page for a Commissioner to sign to indicate
their understanding of the document.
Mayor Graves asked for the Council to review the document and provide any feedback to her or
Ms. Suciu. Then it can be added a future Consent Agenda.
5/28/24 -4- DRAFT
Mayor Graves explained there is a similar document related to conduct of the Council. She asked
the City Attorney to summarize any changes.
Mr. Hill explained there have been some changes to the Council meeting format. Ultimately, the
conduct requirements were added into the existing policies. The changes track with the policy
adopted by Brooklyn Park. There is a similar accountability process for Councilmembers as was
just discussed for Commissioners.
Mayor Graves encouraged the Council to review the entirety of the document. However, the
discussion would begin regarding page four and ethics.
Councilmember Jerzak noted the document limits Informal Open Forum comments to three
minutes. However, more recently the limit has been two minutes. Mayor Graves stated there
hasn’t been an official vote by the Council to change the limit to two minutes.
Ms. Suciu stated there was an official consensus to change the limit to two minutes.
Mayor Graves asked if there is only one speaker, should the Council only allow two minutes.
Councilmember Jerzak stated Mayor Graves has made an effort to ask the Council for their input
to temporarily alter time limits as needed.
Mayor Graves stated the document needs to be updated to reflect the consensus regarding two
minutes of comments per person during Informal Open Forum.
Mayor Graves read more of the document. She explained how free speech is an important part of
the democracy, but Councilmembers are not allowed to make abusive or disparaging comments.
They are to act professionally at all times. It is the role of the Mayor to keep the discussion of the
Council on track. A Councilmember may call for a point of order if negatively spoken about by
another Councilmember.
Mayor Graves shared it is also important for Councilmembers to be punctual. The
Councilmembers must respect a majority decision of the Council and maintain professionalism
and respect in private conversations. The Council must also make an effort to welcome the public
and promote impartiality.
Ms. Suciu suggested the document say “Mayor/Mayor Pro Tem” instead of “Mayor” throughout
the document to align with other City documents.
Mayor Graves stated lack of compliance could include an admonition by the Mayor or Mayor Pro
Tem, reprimand via letter approved by Council, censure pursuant to resolution adopted by the
Council. The first action would be a unilateral decision while the second two would be by
consensus of the Council. She asked if there is an appeal process. Mr. Hill stated there is not an
appeal process in the current document, but it could be added.
5/28/24 -5- DRAFT
Mayor Graves asked if the admonition should include a requirement to notify the rest of the
Council and remain non-public. Councilmember Lawrence-Anderson agreed with the suggestion.
Councilmember Kragness agreed documentation would be important. The admonition could be
verbal, written, or both. Dr. Edwards pointed out anything written down becomes public.
Mayor Graves stated the written down portion doesn’t need to have details about the admonition.
Instead, it would merely record an admonition took place.
Dr. Edwards noted the spirit of the non-public reprimand of a Commissioner is intended as an
opportunity for the Commissioner to grow. In the same vein, there shouldn’t be a written
admonition of a Councilmember. While any data requests of Council emails would be a fishing
request, the grace component seems to be a key factor in the accountability measure.
Mr. Hill stated the reprimand could have a written portion and cite the date of any admonitions.
There was no objection from the Council.
Mayor Graves asked if the reprimand and censure portions would require a consensus of the
Council or unanimous decision. Mr. Hill stated it would only require a consensus.
Mayor Graves noted any behaviors that rise to the level of criminality would be reported to the
criminal legal system. Reports can be made by Councilmembers, Staff, or community members
to the Mayor, Mayor Pro Tem, a Councilmember, or the City Manager. There is also a diagram
reflecting the process in the document.
Mayor Graves added any inappropriate comments made by a Councilmember during a public
meeting can be addressed verbally by the Mayor at the meeting or following the meeting. Repeated
incidents may allow the Mayor to not recognize a Councilmember to speak. If the Mayor or Mayor
Pro Tem are unavailable to review a complaint, the next most senior Councilmember may review
the complaint.
Ms. Suciu pointed out the Council has been working with Common Sense. The work has
implemented a strategy using red light, yellow light, or green light to allow any member of the
Council to call out an issue. However, the proposed policy only allows the Mayor to have a
response. It would take away any work done with Common Sense over the past year-and-a-half.
Mayor Graves stated she doesn’t see it the same way. Any member of the Council can speak up if
there is an issue. Ms. Suciu pointed out the policy only allows the Mayor to interrupt a speaker.
Mayor Graves asked if the Council had any issues with the language. Councilmember Kragness
stated Councilmembers have the opportunity to alert the Mayor to any issues by calling for a point
of order.
5/28/24 -6- DRAFT
Mayor Graves encouraged the Councilmembers to thoroughly review the documents.
Councilmember Jerzak reiterated the need to correct the time limit during Informal Open Forum.
Mr. Hill stated he would make changes to the documents and provide them to the Council for
review.
CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS
City Manager Reggie Edwards pointed out the Council previously requested reviewing the Daunte
Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. The item has
been scheduled for review at future meetings.
Councilmember Jerzak thanked Dr. Edwards for the timeline.
Mayor Graves stated the discussion will be spread out over a couple of months to allow for plenty
of discussion time.
Councilmember Lawrence-Anderson asked if the Councilmembers should prepare notes and
potential modifications in advance. Mayor Graves stated the Council is welcome to bring notes,
but the discussion time should allow for ample time to share thoughts and suggestions.
ADJOURNMENT
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to close the
Study Session at 6:57 p.m.
Motion passed unanimously.
5/28/24 -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
MAY 28, 2024
CITY HALL – COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center City Council was called to order by Mayor April Graves at 7:01 p.m.
2. ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Community
Development Director Jesse Anderson, Planning Manager Ginny McIntosh, Associate Planner
Krystin Eldridge, Assistant City Manager/City Clerk Barb Suciu, Deputy City Clerk Shannon
Pettit, and City Attorney Jason Hill and Siobhan Tolar.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. INFORMAL OPEN FORUM
Mayor April Graves reviewed the decorum document pertaining to Informal Open Forum.
Mayor April Graves opened the meeting for the purpose of Informal Open Forum.
Diane S. thanked the American Legion and the volunteers for setting up flags recently. Also, the
Sun Post is free only for the remainder of the week.
Diane S. stated vehicles are being parked on EDA-owned property. In the parks, there are graffiti
and a hateful poster on a pole. The poster needs to be removed. There is a sign in the thistle patch
outside of the City Hall saying “Keep Brooklyn Center Clean.” She invited others to join in the
community cleanup on the fourth Saturday of the month.
Mayor Graves asked which park had the graffiti. Diane S. stated it is in the park near her home.
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to close the
Informal Open Forum
Motion passed unanimously.
5/28/24 -2- DRAFT
Dr. Edwards pointed out the City Attorney has something to say. Mayor Graves stated the City
Attorney may speak after the Invocation.
5. INVOCATION
Councilmember Kragness invited her grandmother Verna Kragness to the podium. Mayor Graves
pointed out Verna Kragness served as Mayor for 12 years.
Myrna Kragness read a prayer asking for blessings and peace amongst the Council and community.
City Attorney Jason Hill stated he is leaving his role, and his last day will be June 7. Siobhan Tolar
will take over his position and has already begun the transition. Ms. Tolar introduced herself and
noted her excitement to work with Brooklyn Center.
Mayor Graves proposed Staff write a proclamation recognizing Mr. Hill’s service to the City.
Dr. Edwards suggested Ms. Tolar share more about her background. Ms. Tolar explained she is
newer to Kennedy-Graven, but she spent nine years in the St. Paul Civil Division and a few years
in St. Paul’s compliance office. She was born and raised in St. Paul.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Butler moved and Councilmember Jerzak seconded to approve the Agenda and
Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. May 13, 2024 – Worksession
2. May 13, 2024 – Regular Session
3. May 13, 2024 – EDA/Work Session
6b. LICENSES
HOSPITALITY ACCOMODATIONS
Country Inn & Suites 2550 Freeway Boulevard
GASOLINE SERVICE STATION
Kabalan Co DBA: Pump N Munch 1505 69th Avenue N
TEMPORARY FIREWORKS
TNT Fireworks 3245 Co Road No
Renaissance Fireworks 6350 Brooklyn Boulevard
GARBAGE HAULER
Darling Ingredients 9000 382nd Avenue
5/28/24 -3- DRAFT
Blue Earth, MN 56013
Curbside Waste 4025 85th Avenue N
Brooklyn Park, MN 55443
MECHANICAL
Electric Sign & Lighting Inc. 11328 Zane Avenue N
Champlin 55316
Heating & Cooling Two Inc. 18550 County Road 81
Maple Grove 55369
Homeworks Services LLC 915 Blue Gentian Road
Eagan 55121
Shac, LLC 1240 Trapp Road
Eagan 55121
Watson Mechanical LLC 1781 Sunrise Circle
Mayer 55360
RENTAL
INITIAL (TYPE IV – six-month license)
3207 Quarles Road GW Funding LLC
5621 Humboldt Avenue N Abad Martinez
INITIAL (TYPE III – one-year license)
7019 Dallas Road Janet Ibe
INITIAL (TYPE II – two-year license)
5601 Dupont Avenue N Damien Francis Morgan
RENEWAL (TYPE IV – six-month license)
700 66th Avenue N Georgetown-bc Company Lllp
6700 Humboldt Avenue N MIMG CLXXXIV STERLING
SQ SUB
6807 Humboldt Avenue N Cmcb Llc
3141 49th Avenue N CCF3 LLC
5112 70th Avenue N Ih3 Property Minnesota Lp
5/28/24 -4- DRAFT
5857 Colfax Avenue N Cel Monton Llc
6019 Camden Avenue N Inang Ekah
6807 Quail Avenue N Paul Pham
6809 Perry Avenue N Janvier Ngoy & Emelie Ngoy
7141 Newton Avenue N Ih2 Property Illinois Lp
7225 Morgan Avenue N SRFF LLC
RENEWAL (TYPE III – one-year license)
5401 63rd Avenue N 5401 63rd Ave N
3812 58th Avenue N M Y Issa/f Abdullahi/m Issa
5200 63rd Avenue N Smc Real Estate Llc
5833 Pearson Drive Kou M Farngalo
5925 Zenith Avenue N SFR BORROWER 2022-1 LLC
6106 Quail Avenue N Almamy Momo Toure
RENEWAL (TYPE II – two-year license)
6230 Quail Avenue N Kurt Templin & Mary Templin
6307 Scott Avenue N Iasis Vii LLC
6661 Xerxes Place N Mn Housing I Llc
6913 Toledo Avenue N Fred Hanus
7236 Noble Avenue N Caleb J Moses/Nicole A Moses
RENEWAL (TYPE I – three-year license)
5245-47 Drew Avenue N JESSE FORSELL
4207 Lakeside Avenue N, #220 Matthew F Blackler |
Rhea J O'Connor
5144 Ewing Avenue N Gracelands Llc
5553 Aldrich Drive N Njeri Enterprises Llc
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SIGNHANGER
Fastsigns 300 Central Avenue
Osseo 55369
6c. RESOLUTION NO. 2024-061; ACKNOWLEDGING AWARDED FUNDS
FROM THE MINNESOTA DEPARTMENT OF HEALTH SOURCE WATER
PROTECTION AND AUTHORIZING ACCEPTANCE OF GRANT FUNDS
6d. AN ORDINANCE AMENDING SECTION 35-4103 (ALLOWED USE
TABLE) OF THE CITY CODE OF ORDINANCES REGARDING PUBLIC
AND PRIVATE ELEMENTARY AND SECONDARY SCHOOLS
OFFERING A REGULAR COURSE OF STUDY IN THE TRANSIT
ORIENTED DEVELOPMENT (TOD) ZONING DISTRICT - FIRST
READING
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PROCLAMATION ACKNOWLEDGING AND PROCLAIMING THE MONTH OF
JUNE 2024 AS "PRIDE MONTH"
Mayor Graves read in full a Proclamation acknowledging and proclaiming the month of June 2024
as “Pride Month.”
Councilmember Jerzak moved and Mayor Graves seconded to approve a PROCLAMATION
acknowledging the month of June 2024 as "LGBTQIA+ Pride Month."
Motion passed unanimously.
8. PUBLIC HEARINGS
9. PLANNING COMMISSION ITEMS
9a. RESOLUTION NO. 2024-062; REGARDING PLANNING COMMISSION
APPLICATION NO. 2024-003, SUBMITTED BY LIN SHUANG LLC, FOR
ISSUANCE OF A CONDITIONAL USE PERMIT FOR A TIRE INSTALLATION
AND AUTO DETAILING SHOP (5927 JOHN MARTIN DRIVE)
City Manager Reggie Edwards introduced the item and invited Planning Manager Ginny McIntosh
to make the Staff presentation.
Ms. McIntosh explained the property owner Lin Shuang LLC is requesting review and
consideration for issuance of conditional use permit to allow for a tire installation and auto
detailing shop at 5927 John Martin Drive. Tires Plus had long been a tenant of the Subject Property
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until 2022 when they closed. As the use was abandoned for a period greater than 12 months, a
new conditional use permit is required per Section 35-7700 (Conditional Use Permits). Lin Shuang
LLC purchased the 1.36-acre property in 2007. It is zoned as TOD. She showed images of the
site.
Ms. McIntosh pointed out the property originally received site and building plan approval in 1979
under Planning Commission Application No. 79035 for what was originally a Berger Brothers
sporting goods shop. As originally contemplated, the building was to primarily serve as an
approximately 8,820-square foot retail shop, with approximately 1,425-square feet of storage area.
At the time, the Subject Property was zoned C2 (Commerce) District, which allowed for retail
uses, and contemplated 85 on-site parking spaces for the retail store.
Ms. McIntosh noted in 1991, the formerly single use retail building received a proposal to convert
into a two-tenant building when a Tires Plus auto shop expressed interest in locating on the Subject
Property and following closure of Berger Brothers. Tires Plus ultimately took approximately
3,700-square feet of the west side of the property, with the remaining approximately 6,500-square
feet left available for a new user. The remaining space has long functioned as a restaurant and
buffet. The property lost five parking spaces as the restaurant and buffet required a separate trash
enclosure area, leaving a total of 80 on-site parking spaces.
Ms. McIntosh explained current Property Owner and Applicant, Lin Shuang LLC, purchased the
property in 2007. Tires Plus closed their location in 2022 and the Subject Property was listed for
sale shortly thereafter. In August 2023, a Planning Commission was submitted for conversion of
the approximately 10,200-square foot building to a restaurant and bar; however, the request was
denied by City Council in October 2023.
Ms. McIntosh added the existing restaurant and buffet business was recently conveyed to a new
owner and a new lease executed; however, the property owner and applicant has been courting
proposals for the former Tires Plus space for a year. Many of the proposals were for automotive
repair shops, which are conditional uses in the TOD District where the property is located. As the
former automotive shop use was abandoned for a period of greater than 12 months, a use permit
is required.
Ms. McIntosh stated the property is centrally located within the City’s designated approximately
80-acre Opportunity Site. A draft Opportunity Site Master Plan has been underway for a number
of years and at present the plans are to move towards a final adoption this year. In July 2021, the
City of Brooklyn Center City Council adopted an Infrastructure Framework for the Opportunity
Site, which serves as a proactive, guiding document and focused on four core components
(stormwater, access and connectivity, parks and open space, and land use). While the Framework
is intended to help inform decision making, it was also designed to provide certain flexibilities and
dependent upon market conditions.
Ms. McIntosh stated the applicant indicated in their project summary plans to lease the former
Tires Plus space located on the property to the former owner and operator of Affordable Tires in
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Brooklyn Park, as his old space was sold, and as the Applicant felt he was a, “good fit for this
space as he has the experience, a good crew, and already established loyal customers.”
Ms. McIntosh noted as proposed, the business would operate Monday through Friday from 9 a.m.
to 8 p.m. and Saturday from 10 a.m. to 6 p.m. The applicant and intended business operator
indicated a maximum of six employees on shift and approximately 15 to 30 customers per day
between the tire installation and auto detailing business. The business would provide tire repair
and installation services, with no plans to conduct automotive repairs on-site. This is a notable
distinction between the proposed use and the former Tires Plus use as Tires Plus did provide repair
services.
Ms. McIntosh pointed out as for the auto detailing side of the business, the applicant indicated that
this would be provided by the same operator and that similar services were provided at the
proposed tenant’s former Affordable Tires location off Bottineau Boulevard (County Road 81) and
73rd Avenue North in Brooklyn Park. The applicant indicates that no water usage would be
required as the auto detailing services would be limited to interior cleaning, vacuuming, and
detailing. Exterior detailing would be limited to buffing and polishing. City Staff stressed to the
Applicant that no detailing work should take place in the parking lot.
Ms. McIntosh added when presenting the space to the proposed tenant, the Applicant and Property
Owner was clear that no parking was to occur on the adjacent property, which is owned by the
City’s Economic Development Authority.
Ms. McIntosh stated with respect to the intensity of the use, City staff reviewed documentation on
file for the former Tires Plus, which indicated a range of two to six employees on duty at any one
time. Regarding hours of operation, the hours proposed by the new tenant would be slightly more
limited than the former Tires Plus, which operated slightly later in the evenings on weekdays and
on Sundays from 10 a.m. to 5 p.m.
Ms. McIntosh explained for the interior of the space, the hoists, trench drain, and oil and sand
interceptor, if required, would require re-installation as the applicant had removed these given the
applicant’s preference had been to utilize the space for retail. The applicant indicates in their
submitted project summary that, after a year of searching for prospective tenants and even offering
the property for sale, that almost all of the inquiries received were for automobile repair and
service. The proposed tenant would be responsible for providing any and all tenant furniture and
equipment.
Ms. McIntosh stated in conducting a review of the property, City Staff noted potholes in the
parking lot and within the drive access area shared between the Subject Property and adjacent
property located at 5939 John Martin Drive, which is owned by the City’s Economic Development
Authority. Certain areas of the main parking lot had faded parking lot striping. In discussing these,
the applicant and property owner indicated a willingness to fill in any potholes and re-stripe the
parking lot as necessary.
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Ms. McIntosh explained City Staff further noted that the previously non-compliant site lighting,
which was last reviewed in 2023 as part of an earlier Planning Commission Application for the
property, had either gone missing or been replaced with non-compliant lighting. City Staff
conveyed that the lighting would need to be addressed to comply with City lighting standards as
outlined under Section 35-5400 (Exterior Lighting).
Ms. McIntosh pointed out that although there are existing wall-pack style lights located over the
automotive bay doors, City Staff reiterated that the applicant and property owner should ensure
they are functional. If not, replacements shall be proposed for review and approval by City Staff.
Ms. McIntosh stated an existing trash enclosure located at the south end of the Subject Property is
in poor condition. City Staff is requesting its removal. If the proposed tenant requires a separate,
exterior trash enclosure, the applicant and property owner can propose the new enclosure and
specifications to City Staff. Any exterior enclosure will need to fully screen any dumpster and
provide a fully opaque fencing or material complementary to the building.
Ms. McIntosh added the applicant and tenant will need to coordinate with the Minnesota Pollution
Control Agency (MPCA) and Hennepin County for any necessary permitting and/or licensure
requirements.
Ms. McIntosh explained there are a number of criteria to be reviewed in the issuance of a
Conditional Use Permit (CUP). CUPs, as outlined under Section 35-7700, are those uses which
have been identified because of their nature, operation, location, special requirements or
characteristics, and that may only be allowed in a particular zoning district after submittal of an
application, review, and recommendation by the Planning Commission and approval by City
Council.
Ms. McIntosh stated in short, a CUP must be in accordance with the general objectives, or with
any specific objective, of the City’s Comprehensive Plan and this UDO, promote and enhance the
general public welfare and will not be detrimental to or endanger the public health, safety, morals
or comfort, will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor substantially diminish and impair property values
within the neighborhood, will not impede the normal and orderly development and improvement
of surrounding property for uses permitted in the district, provide ingress, egress, and parking so
designed as to minimize traffic congestion in the public streets, sufficiently address impacts such
as noise and exterior lighting, and conform to the applicable regulations of the district in which it
is located.
Ms. McIntosh stated as part of the application process, a public hearing notice was submitted to
the Brooklyn Center Sun Post for publication on April 25, 2024, and notices were mailed to
property owners and physical locations within 350 feet of the Subject Property. A link to the public
hearing notice was also published on the City’s website and sent out by email to subscribers of the
City’s weekly events bulletin. No public comments were received prior to or at the Planning
Commission meeting.
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Ms. McIntosh added the public hearing was held at the May 9, 2024 Planning Commission meeting
and Commissioners were generally supportive of the request. The Commissioners asked clarifying
questions as to whether any full-service auto repair would be taking place, requests from City Staff
to upgrade the non-conforming exterior site lighting, and not allowing for the parking of customer
or staff vehicles on the City EDA lot to the west. Additional questions were posed to the applicant
regarding the hours of operation, and how the automotive use would be complementary to the
existing restaurant and buffet in the adjacent tenant space. No modifications to the proposed
conditions were made by the Planning Commission. Following close of the public hearing, the
Planning Commission elected to unanimously (4-0) recommend City Council approval of the
requested issuance of a Conditional Use Permit for the proposed reuse of the former Tires Plus
space located at 5927 John Martin Drive as a tire installation and automotive detailing shop.
Councilmember Kragness asked if the six jobs have been filled or if the owner is still hiring.
Johannes Tong, applicant, explained most of the employees have been fired. One is left, but it has
been difficult to pay him.
Councilmember Jerzak noted his support of filling a vacant building with a business.
Mayor Graves asked what previous proposal was rejected by the Council. Ms. McIntosh stated
the previous proposal was for a nightclub by Jambo Africa, which would have used the whole
space.
Mayor Graves asked for the reasoning behind denial of the Jambo Africa request. Councilmember
Lawrence-Anderson stated it was primarily an issue with parking.
Ms. McIntosh explained the proposed use was short 70 parking spots. Mayor Graves stated the
estimate of customers seems too high to require so many parking spots.
Mayor Graves pointed out the property in question is near an EDA-owned property. Ms. McIntosh
explained a driveway and curb cut for the property is shared with an EDA-owned property. The
Tires Plus used some of the parking on the EDA-owned site. The site in question is surrounded
on three sides by EDA-owned property.
Mayor Graves asked how long the applicant has been in business. Mr. Tong explained he opened
the business in 2019, but it was difficult for the business to stay afloat in the pandemic. He
previously owned property in Brooklyn Center, but he had to sell it off because he was unable to
keep up with the maintenance.
Mr. Tong noted his love for the community. Brooklyn Center was the first place he lived after
coming to America, and his family lives in the area. The location allows him to accommodate
both of his businesses.
Mayor Graves asked if the business is projected to grow and if the property will meet the business’
future needs. Mr. Tong stated he hopes to stay in the location for a long time as there is room for
expansion.
5/28/24 -10- DRAFT
Mayor Graves asked if the applicant has a certain method of disposing of unique materials. Mr.
Tong stated disposal isn’t an issue. They work with a company in Isanti to remove tires and similar
materials.
Councilmember Jerzak moved and Councilmember Butler seconded to adopt a RESOLUTION
NO. 2024-062; approving Planning Commission Application No. 2024-003 for issuance of a
Conditional Use Permit at 5927 John Martin Drive for a tire installation and auto detailing shop,
based upon the findings of fact and submitted application, and as amended by the conditions of
approval in the resolution.
Motion passed unanimously.
9b. RESOLUTION NO. 2024-063; REGARDING PLANNING COMMISSION
APPLICATION NO. 2024-005, SUBMITTED BY BROOKDALE COVENANT
CHURCH AND BRIGHT FUTURE CHILD CARE CENTER, FOR ISSUANCE OF
A CONDITIONAL USE PERMIT FOR AN EXISTING PLACE OF RELIGIOUS
ASSEMBLY AND NEW CHILD CARE CENTER (5139 BROOKLYN
BOULEVARD)
City Manager Reggie Edwards introduced the item and invited Associate Planner Krystin Eldridge
to make the Staff presentation.
Associate Planner Krystin Eldridge explained Brookdale Covenant Church and Bright Future
Child Care Center are requesting approval of a conditional use permit (CUP) for a place of
religious assembly that has been located at the 2.44-acre 5139 Brooklyn Boulevard since 1955,
and a licensed daycare facility. Both requests are considered conditional uses within the R1 (Low
Density Residential) District where the property is located. A CUP is required as well for Licensed
Fay Care Facilities associated with Places of Assembly in the R1 district with 13 or more persons
according to the newly adopted UDO language. She showed images of the site.
Ms. Eldridge pointed out Denise Fadina of Bright Future Child Care Center originally reached out
to City Staff in November 2023 regarding her plans to enter into an agreement with Brookdale
Covenant Church to operate her child care facility out of two nursery rooms located within the
church. For context, Brookdale Covenant Church originally received approval in 1978 to operate
a nursery school in the mornings, three days per week.
Ms. Eldridge stated although City Staff began the amendment process in January 2024, the new
language for daycares was not adopted by City Council until March 2024, and the ordinance
language did not go into effect until late April 2024. As adopted, daycares with 13 or more persons
are considered a “conditional use” in the R1 District when in association with places of religious
assembly, hence the application request.
Ms. Eldridge noted City Staff met with both applicants in a pre-application meeting to address any
changes to the church floor plan and address any concerns with meeting building, fire, and zoning
5/28/24 -11 - DRAFT
code in early March. City Staff asked the applicant to identify exit plans, kitchen/meal prep
locations, play areas, traffic flow, and any agreements with surrounding properties. The applicants
worked together to prepare the space for the proposed child care center in two of the existing
nursery rooms located on the main level. Brookdale Covenant Church (BCC) also sent a detailed
schedule of services and times and the number of people in attendance on its busiest days.
Ms. Eldridge explained Brookdale Covenant Church’s membership stands at 143, but the narrative
provided notes 300 members as calling BCC their church home. Brookdale Covenant Church
offers Bible studies, support group meetings, children’s programming, occasional events such as
weddings or funerals, and also hosts coat drives, food shelves, has on-site community gardens, and
more.
Ms. Eldridge noted the applicant provided maps indicating 21 families would arrive on site during
the busiest traffic times. Families that need to park will be routed to the Brooklyn Boulevard
entrance, with approximately 126 parking spaces on site, and the applicant suggests the families
will most likely use the northwest portion of the property for entry to the childcare center for drop-
offs.
Ms. McIntosh explained there are a number of criteria to be reviewed in the issuance of a
Conditional Use Permit (CUP). In short, a CUP must be in accordance with the general objectives,
or with any specific objective, of the City’s Comprehensive Plan and this UDO, promote and
enhance the general public welfare and will not be detrimental to or endanger the public health,
safety, morals or comfort, will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood, will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district, provide ingress, egress,
and parking so designed as to minimize traffic congestion in the public streets, sufficiently address
impacts such as noise and exterior lighting, and conform to the applicable regulations of the district
in which it is located.
Ms. Eldridge noted the applicant provided responses to the various criteria. She pointed at this
time, neither Brookdale Covenant Church nor Bright Future Childcare Center proposes any
changes that would impede upon the normal and orderly development and improvement of
surrounding property for uses permitted in the district. New Millennium Academy is situated on
what was formerly Malmborg’s Nursery. As New Millennium Academy averages around 800
students currently and is the only property directly adjacent to the property in question, City Staff
considers this to be the more intense use. In discussions with the State Fire Marshal and City
Building Official, it appears an exterior door will need to be installed with stair/ramp to existing
sidewalk, but this would be the only exterior modification.
Ms. McIntosh stated the Building Official has been working with the Fire Marshall to bring the
child care center up to proper code. Bright Future has been notified an exterior door is needed off
Nursey Room #2. The Building Official submitted a memo dated February 2, 2024 and determined
the re-classification of the building. Signed building plans from an architect registered in
Minnesota shall be provided along with the building permit application. The full main floor plan
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should have a code analysis and floor layout. Also, plans should indicate the area to be used, doors
installed, and walkway construction to complete a plan review for the new space intended to be
used. Prior to a building permit being issued, a SAC determination for the new use shall be
completed by the MET Council. The completion of items listed on the Site Fire Inspectors review
letter must be addressed.
Ms. Eldridge added a public hearing notice for the conditional use permit request was published
in the Brooklyn Center Sun Post on April 25, 2024. Notifications were mailed to those physical
addresses and property owners located within a 350-foot radius of the Subject Property, and a copy
of the public hearing notice was published to the City of Brooklyn Center website. A link to the
public hearing notice was also published on the City’s website and sent out by email to subscribers
of the City’s weekly events bulletin.
Ms. Eldridge pointed out a public hearing was held at the May 9, 2024 Planning Commission
meeting, and those Commissioners in attendance were generally supportive of the outlined
requests. The Commissioners addressed the applicant regarding design of the exterior exit points
for the child care center and how it impacts the church façade and operations. The applicant
indicated they have been working with City Staff, including the City Building Official, and the
State Fire Marshal on licensure and exiting requirements to address any necessary updates. At this
time, it is likely a direct exit door will be required from one of the rooms with a landing and tie in
to the existing private sidewalk. Additional questions were also raised as to secured access and
separation.
Ms. Eldridge stated City Staff reviewed the proximity of the property to Happy Hollow Park.
Although it appears minimum distancing requirements are met for an outdoor activity area and the
applicant indicated they own a 15-passenger van for transportation for field trips and inclement
weather, but stated the desire to build a fenced in outdoor activity area sometime in the future. The
applicant added, at this time, that accessibility and egress needs to be addressed first before other
improvements can be envisioned.
Ms. Eldridge noted the Commissioners inquired on access and how the existing church and
proposed child care center will remain complementary to the neighboring New Millennium
Academy, which the Commission indicated can get quite busy during drop off and pick up. The
Commission indicated that the more availability of child care, the better, especially given national
shortages. Additional questions were noted on any anticipated growth and expansion within the
church space, and whether any family of neighboring schools would utilize the child care center.
Ms. Eldridge added no public comments were provided for in advance of or during the public
hearing with exception to verbal support provided at the hearing from representation of Brookdale
Covenant Church. Following close of the public hearing, the Planning Commission elected to
unanimously (4-0) recommend City Council approval of the requested issuance of a Conditional
Use Permit for the existing Brookdale Covenant Church (Place of Religious Assembly) and Bright
Future Child Care Center (Licensed Daycare Facility - 13 and Greater Persons associated with
Places of Religious Assembly).
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Councilmember Kragness asked if the daycare would still be tax -paying although it will operate
out of a church. Peter Frost, Lead Pastor of BCC, stated they are still deciding on how to handle
taxes. Other states may tax based on the square footage a nonprofit uses to generate income.
However, he doesn’t know how Bright Future will handle their taxes.
Denise Fadina, Director of Bright Future Child Care Center, stated they have retained an
accountant, and the business will pay all necessary State and Federal taxes required of a business.
Councilmember Jerzak moved and Councilmember Kragness seconded to adopt a RESOLUTION
NO. 2024-063; approving Planning Commission Application No. 2024-005 for issuance of a
Conditional Use Permit for a Place of Religious Assembly and Child Care Center (Licensed
Daycare Facility - 13 and Greater Persons in association with a Place of Religious Assembly) for
5139 Brooklyn Boulevard, based upon the findings of fact and submitted application, and as
amended by the conditions of approval in the resolution.
Motion passed unanimously.
9c. RESOLUTION NO. 2024-064; REGARDING PLANNING COMMISSION
APPLICATION NO. 2024-004, SUBMITTED BY KESHIA DEON (TREASURE
HUNT EARLY LEARNING CENTER), FOR ISSUANCE OF A CONDITIONAL
USE PERMIT TO ALLOW FOR AN EARLY LEARNING CHILD CARE CENTER
(6098 SHINGLE CREEK PARKWAY)
City Manager Reggie Edwards introduced the item and invited Associate Planner Krystin Eldridge
to make the Staff presentation.
Associate Planner Krystin Eldridge explained Keshia Deon of Treasure Hunt Early Learning
Center is requesting approval of a conditional use permit (CUP) that would convert a tenant space
within Shingle Creek Center shopping center, and commonly addressed as 6098 Shingle Creek
Parkway into an early learning child care center. The 2.8-acre property is a vacant, approximately
3,500-square foot retail space that was previously leased to FastSigns, which provided sign design
and installation services. The property owner, Brooklyns Cultural Vill LLC, purchased the entire
shopping center in October 2023 and has been engaged with the applicant for a number of months
regarding this space. It is currently zoned as Commercial Mixed Use (MX-C), and the future land
use designation is Commercial Mixed Use (C-MU). She showed an image of the site in question.
Ms. Eldrige noted the applicant originally approached City Staff in October 2023 with a desire for
a new daycare in Shingle Creek Center shopping center, and located at the southeast corner of
Shingle Creek Parkway and Summit Drive. It was through these conversations with the applicant,
as well as other individuals and businesses seeking space for daycares in the same timeframe, that
City staff realized the provisions under the City’s new Unified Development Ordinance (UDO) no
longer accounted for larger day cares.
Ms. Eldridge explained City Staff ultimately worked with the City Attorney to process an
amendment to the UDO that would allow for the addition of a new use category for licensed
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daycare facilities (13 or more persons) in the City’s multi -family residential and mixed-use
districts, of which includes the Commercial Mixed-Use District (MXC) where the property is
located. Although City staff began the amendment process in January 2024, the new language for
daycare was not adopted by City Council until March 2024, and the ordinance language did not
go into effect until late April 2024. As adopted, daycares with 13 persons or greater are considered
a “conditional use” in the Commercial Mixed-Use District, hence the application request.
Ms. Eldridge stated the shopping center, where the property is located, is subject to a Reciprocal
Easement Agreement (REA) with the adjacent former Target located at 6100 Shingle Creek
Parkway, which is owned by the City of Brooklyn Center’s Economic Development Authority
(EDA). The REA, in part, establishes certain shared parking and access provisions. In reviewing
the 1985 approvals outlined under Planning Commission Application No. 85001, which provided
site and building plan approval for the construction of a 105,000-square foot Target store and
approximately 34,160-square feet of attached retail space, the plans accounted for 880 parking
stalls.
Ms. Eldridge pointed out the site plan presented by the applicant requires minimal interior changes
necessary to run the daycare as the former Fast Signs location was set up for office/retail space.
Most of the proposed alterations address the reconfiguration of walls, additional bathrooms, and a
kitchenette to prepare food for the children, although the Applicant would need to coordinate with
the Building Official to address any necessary modifications to the fire sprinkler system/heads,
plumbing for additional bathrooms, etc.
With the recent amendments to the UDO and daycare provisions, and in discussions with the City
Attorney, the code was also updated to reference State Statute as it outlines specific licensure
requirements for daycare programs, and as the City’s provisions were not in alignment with certain
licensure requirements at the state and county levels. For example, the regulations regarding
playgrounds differ. In the case of the Applicant’s request, City staff reviewed Minnesota State
Statute 9503.0155 which requires an outdoor activity area of at least 1,500-square feet and certain
minimum square footage requirements per child or that the proposed outdoor activity area for use
by children under school age must be located within 2,000 feet of the center or transportation
provided by the license holder. In no case shall the outdoor activity area be farther than one-half
mile from the child care center. Although this is a licensure requirement, City Staff did review the
location against the location of the nearest “outdoor activity area,” which is Centennial Park,
located to the west of Brooklyn Center City Hall. In discussions with the State of Minnesota
Department of Human Services (DHS), it was determined that the applicant should be close
enough to Centennial Park to move forward with licensure at this location, subject to City approval
for the conditional use permit.
Ms. Eldridge explained the applicant proposes 10 staff members for the facility, including teachers
and a director. The number of children that will be able to attend has yet to be determined;
however, based on finished space and State Statute provisions requiring a minimum of 35-square
feet of indoor space for each child in attendance. It would be expected that no more than 41
children would be present, at maximum.
5/28/24 -15- DRAFT
Ms. Eldridge noted the applicant provided City Staff with an interior floor plan which identifies
the approximately 3,500-square-foot space, with a proposed office and lobby in the front of the
building, a common hallway running the full length of the space, an infant room with cribs, a
toddler room, pre-school room, and another infant room. Two sets of bathrooms are shared
between these four spaces. The rear of the space would provide for a kitchenette, additional
storage, and a staff bathroom.
Ms. Eldridge added as is outlined in the applicant’s narrative, the intent is to employ 10 staff
members. As parents and guardians would be dropping their children off and providing at pickup
throughout the day, City Staff does not have any major concerns with the existing parking other
than to ensure parents and guardians are parking in designated parking and not blocking the
existing drive aisles.
Ms. Eldridge pointed out conditional use permits, as outlined under Section 35-7700, are those
uses which have been identified, because of their nature, operation, location, special requirements
or characteristics, and that may only be allowed in a particular zoning district after submittal of an
application, review, and recommendation by the Planning Commission, and approval by the City
Council. Also, the conditional use permit process regulates the location, magnitude, and design of
conditional uses consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and
procedures of the Unified Development Ordinance (UDO).
Ms. McIntosh explained there are a number of criteria to be reviewed in the issuance of a
Conditional Use Permit (CUP). In short, a CUP must be in accordance with the general objectives,
or with any specific objective, of the City’s Comprehensive Plan and this UDO, promote and
enhance the general public welfare and will not be detrimental to or endanger the public health,
safety, morals or comfort, will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood, will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district, provide ingress, egress,
and parking so designed as to minimize traffic congestion in the public streets, sufficiently address
impacts such as noise and exterior lighting, and conform to the applicable regulations of the district
in which it is located.
Ms. Eldridge noted the applicant provided responses to the various criteria. First off, the
Commercial Mixed-Use future land use designation under the 2040 Comprehensive Plan is guided
to allow for a mix of commercial, office, retail, service and residential uses. As the property is
located within the City’s designated Opportunity Site, which is approximately 80 -acres in size,
City Staff reviewed the comprehensive plan and focus on creating a central spine, which embraces
opportunities to create a walkable, transit connected, experience-based place that offers new
opportunities to existing and future residents, and encourages the integration of land uses hence a
desire for a mix of uses. The 2040 Comprehensive Plan acknowledges that the Commercial
Mixed-Use future land use designation should focus on creating more active and vibrant centers.
While the property is located in a 1980s strip mall, the addition of a childcare center will almost
certainly bring more foot traffic to the shopping center, which has long been isolated from the rest
of the City. This may also provide a service to those either working in proximity to the shopping
5/28/24 -16- DRAFT
center or residing nearby.
Ms. Eldridge stated Building Official Dan Grinsteinner conducted a cursory review of the proposed
use of the tenant space at 6098 Shingle Creek Parkway and for the intended use as a child care
center. He submitted a memo dated February 2, 2024, and determined the re-classification of the
building. Signed building plans from an architect registered in Minnesota shall be provided along
with the building permit application. The full main floor plan should have a code analysis and
floor layout. Also, plans should indicate the area to be used, doors installed, and walkway con-
struction to complete a plan review for the new space intended to be used. Prior to a building
permit being issued, a SAC determination for the new use shall be completed by the MET Council.
The completion of items listed on the Site Fire Inspector ’s review letter must be addressed.
Ms. Eldridge pointed out a public hearing was held at the May 9, 2024, Planning Commission
meeting, and those Commissioners in attendance were generally supportive of the outlined request.
The Commissioners questioned the applicant's awareness of future plans to demolish the former
Target (6100 Shingle Creek Parkway) this summer and any potential impacts to the proposed child
care center. City Staff did notify the applicant and property owner of these plans and the applicant
stated that they would temporarily close the center, if needed, and were in conversation with their
architect and contractor regarding any short-term impacts.
Ms. Eldridge noted as is outlined in the applicant’s narrative, the intent is to have 15 parking spaces
designated for the proposed early child learning center. The applicant indicated that parents and
guardians would be dropping their children off and parking would be reserved for staff. City Staff
did not have any major concerns with the existing parking other than to ensure parents and
guardians are parking in designated parking spaces and not parking along the existing drive aisles.
The Commissioners confirmed their expectation that parking spaces be used for drop off and pick
up, and to ensure queuing was not taking place in the drive aisle.
Ms. Eldridge added the Commissioners were supportive of the applicant's plans to offer extended
child care hours of between 6 a.m. and 11 p.m. as it was noted that it is oftentimes hard to find
child care hours for those working non-traditional shifts. Following close of the public hearing,
the Planning Commission elected to unanimously (4-0) recommend City Council approval of the
requested issuance of a conditional use permit for the proposed early learning child care cen ter
(licensed day care facility-13 and greater persons), and subject to the noted approval conditions.
Councilmember Kragness thanked the applicant for offering evening childcare. She looks forward
to hearing about the lighting plan. Keshia Deon, owner of Treasure Hunt Early Learning Center,
explained the architect plans to work closely with City Staff.
Community Development Director Jesse Anderson explained the demolition process will allow
for the parking lot lighting to stay in place.
Mayor Graves asked what ages of children will attend the daycare. Ms. Deon stated they will care
for children ages six weeks to 12 years. She added there will be two shift of staff, so no one will
be working the entire time the business is open.
5/28/24 -17- DRAFT
Mayor Graves asked if Ms. Deon is from the area. Ms. Deon stated she is from Brooklyn Center
originally, and she now owns a home in Hopkins. She has been in childcare for 20 years, and she
looks forward to opening her own business.
Councilmember Kragness asked which days the daycare will be open. Ms. Deon stated they are
open Monday through Friday. They may consider weekends if there is enough interest. She added
she hopes to hire folks within the community.
Mayor Graves asked how closely Ms. Deon has worked with the owner. Ms. Deon explained she
was the owner’s first tenant. They have been very supportive, and they will be next door to her
business.
Councilmember Jerzak moved and Councilmember Kragness seconded to adopt a RESOLUTION
approving Planning Commission Application No. 2024-004 for issuance of a Conditional Use
Permit at 6098 Shingle Creek Parkway that would allow for an early learning child care center,
based upon the findings of fact and submitted application, and as amended by the conditions of
approval in the resolution.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
11. COUNCIL REPORT
Mayor Graves reported on her attendance at the following and provided information on the
following upcoming events:
Attended the Safer Communities Summit, as did other Councilmembers, Staff, and
community members. Councilmember Kragness noted her appreciation of the youth panel.
Dr. Edwards pointed out that Director of Community Prevention, Health and Safety
LaToya Turk is preparing a presentation for the Council regarding the Summit and Cities
United.
Attended the Local Option Sales Tax Info Session along with some other Councilmembers.
Met with the Brooklyn Park Mayor.
Attended the Memorial Day event at the cemetery.
Attended the neighborhood meeting at Firehouse Park.
Attended a meeting regarding the Metro Transit Center.
Councilmember Jerzak reported on his attendance at the following and provided information on
the following upcoming events:
Pointed out the final comment period for the Hwy 252 project has ended.
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
Attended a National League of Cities webinar about crime prevention.
5/28/24 -18- DRAFT
12. ADJOURNMENT
Councilmember Jerzak moved and Councilmember Butler seconded adjournment of the City
Council meeting at 8:15 p.m.
Motion passed unanimously.
C ouncil R egular M eeng
DAT E:6/10/2024
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 pec6ve licenses , submi7ed appropriate applica6ons,
and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the City
Code of O rdinances, unless comments are noted below the property address on the a7ached rental report.
Garbage H auler
A llied Waste
8661 Rendova S t. N E, Circle P ines, M N 55014
Waste Management
10050 Naples S t. N E, Blaine, M N 55449
M echanical
A ir Express, I nc.
P.O. Box 490400, Blaine 55449
D amyans H ea6ng and C ooling L L C
2240 Chippew a Rd, M edina 55340
H agen Remodeling & C ons truc6on L L C
710 Tanglewood D rive, S horeview 55126
Ron the S ew er Rat
875 Blue G en6an Road, S uite 900, Eagan 55121
Z ahl Petroleum M aintenance
3101 S pring S t N E, Minneapolis 55413
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 escrip6on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rentals 6/3/2024 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
6742 France Ave N Two Family Initial Walter Robinson
19 Type IV N/A Type IV N/A 0
1701 Irving La N Single Initial James R Richter
2 Type I N/A Type II N/A N/A
5506 Irving Ave N Single Initial Larwuo Harris Killen
4 Type II N/A Type II N/A N/A
5937 Colfax Ave N Single Initial Samuel Simpson Barker
28 Type IV N/A Type IV N/A 0
7013 Grimes Ave N Single Initial Luxisuites, LLC
8 Type III N/A Type III N/A N/A
1425 55th Ave N
Multiple Family
1 Bldg 4 Units Renewal
Trung C Duong
Did not meet requirements
5 Type II 0 Type IV Type IV 2
6201 Lilac Dr N
Multiple Family
1 Bldg 81 Units Renewal Lanel Crossings Ltd Ptnrshp
40 = 0.49 per
unit Type I 0 Type I Type I N/A
6710 Orchard La
Multiple Family
10 Bldgs 52 Units Renewal
Marvin Gardens Townhomes
Met Requirements
178 = 3.42 per
unit Type IV 0 Type IV Type IV 2
5408 Girard Ave N Two Family Renewal
Jan Michaele Gardner
Met Requirements 5 Type II 0 Type II Type IV N/A
1605 56th Ave N Single Renewal
Fyr Sfr Borrower Llc
Did not meet requirements
10 Type IV 0 Type IV Type IV 5
2118 Ericon Dr Single Renewal
Marco Panora
Did not meet requirements 17 Type IV 0 Type IV Type IV 3
3301 Lawrence Rd Single Renewal
MNhomes2go LLC
Did not meet requirements 0 Type I 0 Type IV Type IV 5
5200 Drew Ave N Single Renewal Mlmjr Properties & Investm
5 Type II 0 Type II Type I N/A
5218 Paul Dr Single Renewal
Sj & Olas Properties Llc
Did not meet requirements
2 Type I 0 Type IV Type IV 3
5301 Dupont Ave N Single Renewal
Wright Team Properties LLC
Did not meet requirements 9 Type III 0 Type IV Type IV 2
Rental Licenses for Council Approval 6.10.24
5306 Penn Ave N Single Renewal Sweet Home Llc
4 Type II 0 Type II Type II N/A
5331 70th Cir. Single Renewal Boukary Kabore
2 Type I 0 Type I Type I N/A
5524 Humboldt Ave N Single Renewal Maria Figueroa
16 Type IV 0 Type IV Type II 0
5600 Judy La Single Renewal B D Morlock & N D Morlock
4 Type II 0 Type II Type II N/A
6012 York Ave N Single Renewal
MNhomes2go LLC
Did not meet requirements 0 Type I 0 Type IV Type IV 5
6324 Scott Ave N Single Renewal
Sayndee Sando
Did not meet requirements
0 Type I 0 Type IV Type IV 5
6413 June Ave N Single Renewal
Cel Monton LLC
Met Requirements 10 Type IV 0 Type IV Type IV 2
6536 Chowen Ave N Single Renewal
BRIDGE SFR IV BORROWER I
Met Requirements 4 Type II 0 Type II Type IV N/A
6718 Quail Ave N Single Renewal
I A Hassan & A M Ali
Did not meet requirements 19 Type IV 0 Type IV Type IV 3
6918 Grimes Ave N Single Renewal
Olakunle F Ojo
Did not meet requirements 8 Type III 0 Type IV Type IV 2
7200 Noble Ave N Single Renewal FLORENCE & DEDRICK SIMMS
8 Type III 0 Type III Type II N/A
7207 France Ave N Single Renewal
P Kibaara & J Kibaara
Did not meet requirements 1 Type I 0 Type IV Type IV 2
7243 Riverdale Rd Single Renewal Ih2 Property Illinois Lp
22 Type IV 0 Type IV Type I 0
*CFS = Calls for service for renewal licenses only (Initial licenses are not applicable to calls for service, and will be listed as N/A)
**License type being issued
***Initial licenses will not show a Type I = 3 year, Type II = 2 year, Type III = 1 year, Type IV = 6 months
All properties are current on City utilities and property taxes
C ouncil R egular M eeng
DAT E:6/10/2024
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 mending the 2024 C ity C ouncil Mee/ng S chedule
Requested Council A con:
- Moon to amend the 2024 C ity C ouncil meeng schedule due to the cancellaon of the June 26 Budget
meeng and addion of the C anvassing Board.
B ackground:
At the D ecember 11, 2023, City Council mee/ng, the 2024 City Council mee/ng s chedule w as approved.
S ince the adop/on of the schedule, there have been dis cus s ions of modifying the budget mee/ngs format.
A4ached is the amended 2024 City Council mee/ng s chedule w ith the revis ed budget mee/ngs .
I f approved this evening, s taff w ill adjus t the C ouncil's calendars and city's w ebsite to reflect the changes.
B udget I ssues:
- none
I nclusive C ommunity Engagement:
- none
A nracist/Equity Policy Effect:
- none
S trategic Priories and Values:
Maintain a s trong financial pos i/on
AT TA C H M E N TS :
D escrip/on U pload D ate Type
2024 M ee/ng S chedule Update 6/4/2024 Backup M aterial
2024 City Council Meeting Schedule
Regular City Council Meetings
Meetings will be held in person
Study/Work Session 6:00 p.m.
Informal Open Forum 6:45 p.m.
Regular Session 7:00 p.m.
Work Session – After regular session
Brooklyn Center City Council regularly meets
on the 2nd and 4th Monday of each month,
unless Monday is a holiday.
January 8 January 22
February 12 February 26
March 11 March 25
April 8 April 22
May 13 May 27
June 10 June 24
July 8 July 22
August 12 August 26
September 9 September 23
October 14 October 28
November 12 November 25
December 9
Optional Work Session dates:
February 5
May 6
August 5
Special City Council Meetings
All dates are Monday unless otherwise noted
April 1 7:00 p.m.
Board of Appeal & Equalization CC
April 15 6:00 p.m.
Board of Appeal & Equalization Reconvene CC
June 3 6:00 p.m.
Capital Improvement Fund CCR
June 26 6:00 p.m.
Budget - Audit Presentation/Revenue Overview CCR
July 15 6:00 p.m.
Budget – Department Presentations CCR
July 29 6:00 p.m.
Budget - Department Presentations CCR
Aug. 15 6:00 p.m.
Canvassing Board of Primary Results CC
Aug. 5 6:00 p.m.
Budget - Department Presentations CCR
Aug. 19 6:00 p.m.
Budget - Department Presentations CCR
Oct. 7 6:00 p.m.
Budget - Special Revenue Funds CCR
Oct. 21 6:00 p.m.
Budget - Enterprise Funds CCR
Dec. 2 6:30 p.m.
Budget - 2025 Budget Hearing CC
CC - Council Chambers
CCR - Council Commission room located on main
level City Hall
All dates are subject to change. Contact City Hall at
763-569-3300 to verify dates and times.
C ouncil R egular M eeng
DAT E:6/10/2024
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 olu2on A ccep2ng Bid and A w arding a Contract, I mprovement P roject No. 2023-10,
I 694/D upont Ave Water M ain C rossing Replacement P roject
Requested Council A con:
- Moon to appr ove the r esoluon accepng the lowest r esponsible bid and aw ard a contract to Northdale
C onstrucon C ompany, I nc. for I mpr ovement P roj ect No. 2 0 2 3 -1 0 , I 694/D upont Ave Water M ain C rossing
Replacement P roject.
B ackground:
Bids for the P roj ect were receiv ed and opened on M ay 28, 2023. Four bids were received and res ults are
tabulated below :
B idder A mount
Northdale C ons truc2on Company, I nc.$1,561,669.66
M eyer Contrac2ng, I nc.$1,616,866.00
New L ook C ontrac2ng, I nc.$1,636,399.75
M inger C ons truc2on Co. I nc.$1,645,896.22
O f the four bids r eceived, the lowes t bid of $1,5 6 1 ,669.6 6 w as s ubmi@ed by N orthdale Construc2on
Company, I nc. of A lbertville, Minnes ota. This contractor has the experience, equipment and capacity to
qualify as the low est res pons ible bidder for the project. The city ’s cons ultant, Bolton & M enk , recommends
awarding a contract to Northdale C ons truc2on Company, I nc.
B udget I ssues:
The bid amount of $1,5 6 1 ,669.6 6 increas es the 2 0 2 4 budget by 6%. The es 2 mated budget including
con2ngencies , adminis tra2on, engineering, and legal w as $1,9 3 1 ,000 and is amended to $2,060,669.66,
(s ee a@ached Resolu2 on – Costs and Revenues tables ). The increase in bid unit prices is primarily due to the
complex nature of the connec2ons that have been des igned to accommodate the mos t challenging
s cenarios. This includes coordina2on w ith the M innes ota D epartment of Trans porta2on (M N /D O T) in
an2cipa2on of poten2 al highw ay lane s hiI s or clos ures , given the pr oject's proximity to maj or roadw ays .
A ddi2onally, the bid reflects the need for me2culous s cheduling to ens ure con2nued acces s to potable
w ater for the community and to minimiz e traffic dis rup2 ons . Following a rev iew w ith the F inance
department, w e’ve determined that the addi2onal cos ts can be covered by the Water U2lity F und.
I nclusive C ommunity Engagement:
N/A
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
P rovide quality s ervices w ith fair and equitable treatment
AT TA C H M E N TS :
D escrip2on U pload D ate Type
Res olu2on 6/3/2024 Resolu2on Le@er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NO. 2023-10, I694/DUPONT AVE WATER MAIN
CROSSING REPLACEMENT PROJECT
WHEREAS, pursuant to an advertisement for bids for Improvement Project No.
2023-10, bids were received, opened and tabulated on the 28th day of May, 2024. Said bids were
as follows:
Bidder Amount
Northdale Construction Company, Inc. $ 1,561,669.66
Meyer Contracting, Inc. $1,616,866.00
New Look Contracting, Inc. $1,636,399.75
Minger Construction Co. Inc. $1,645,896.22
WHEREAS, the city’s consultant, Bolton & Menk, recommends that the contract
be awarded based on the total bid;
WHEREAS, it appears that Northdale Construction Company, Inc. of Albertville,
Minnesota is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The Mayor and City Manager are hereby authorized and directed to enter
into a contract with Northdale Construction Company, Inc. of Albertville,
Minnesota in the name of the City of Brooklyn Center, for Improvement
Project No. 2023-10, according to the plans and specifications therefore
approved by the City Council and on file in the office of the City Engineer.
2. The estimated project costs and revenues are as follows:
Amended
COSTS Estimated per Low Bid
Construction Cost $1,399,000 $1,561,669.66
Engineering and Administrative $ 322,000 $ 343,000.00
Contingency $ 210,000 $ 156,000.00
TOTAL $1,931,000 $ 2,060,669.66
Amended
REVENUES Estimated per Low Bid
Water Fund $1,931,000 $2,060,669.66
RESOLUTION NO._______________
June 10, 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.
C ouncil R egular M eeng
DAT E:6/10/2024
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:Elizabeth H eyman - D irector of P ublic Works
S U B J E C T:P FA S and Brooklyn Center D rinking Water
Requested Council A con:
- Moon to accept the presentaon.
B ackground:
I n A pril 2024, the U.S . Environmental P rotec7on A gency (E PA ) released final Na7onal P rimary D rinking
Water Regula7on (N P D W R) for per- and polyfluoroalkyl s ubs tances (P FA S ). This regula7on includes final
Maximum Contaminant Levels (M C Ls), Maximum Contaminant Level G oals (M C LG s), and a H az ard I ndex
to address mixtures of P FA S . The rule addresses the following P FA S : P F O S , P F O A , P F N A , P F H xS , G enX ,
and P F B S .
A s part of regular drinking w ater monitoring. Brooklyn C enter has tested w ater leaving the City w ater
treatment plant. The tesng results show B rooklyn C enter drinking water meets all current federal
standards for P FA S in drinking water. The C ity will con7nue to conduct quarterly tes7ng of the drinking
w ater and update these res ults as tes 7ng is completed.
This pres enta7on will provide more details regarding how C ity staff are approaching this is s ue. The aAached
factsheet als o provides some more background informa7on on P FA S .
The latest informa7on on P FA S and Brooklyn Center drinking water can be found on the C ity ’s
w ebsite: hAps://w w w.brooklyncentermn.gov/government/departments/public-w orks /public-
u7li7es/w ater-u7lity/pfas
B udget I ssues:
N/A
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
P rovide quality s ervices w ith fair and equitable treatment
AT TA C H M E N TS :
D escrip7on U pload D ate Type
P FA S Factsheet 5/31/2024 Backup M aterial
WHAT IS PFAS?
PFAS, or poly/perfluoroalkyl substances, are a group
of compounds with similar chemical structures
and properties. There are possibly over 10,000
PFAS formulas in existence. PFAS are sometimes
called “forever chemicals”, because they are almost
impossible to degrade.
WHAT IS PFAS USED FOR?
The most popular use of PFAS is in fire fighting foams.
PFAS has to be heated to over 1,000 ˚C before it
degrades, making it a great fire suppressant.
PFAS can also be used to make water or stain resistant
clothing and is a common additive to non-stick pans.
PFAS can be used to make ski and board waxes, cleaning
products, or carpets and other textiles.
WHAT CAN I DO?
At this time, there is no cause for concern of PFAS in the Brooklyn Center drinking
water. However, there are steps you can take in your home to reduce your exposure.
Using a filter on any water source you use for drinking or cooking at your home can
remove some PFAS compounds.
It is important to know that PFAS is not regulated yet by the FDA. This means bottled
water may still contain PFAS compounds, though if this is the case and at what levels
is unknown.
DOES MY WATER HAVE PFAS?
Brooklyn Center drinking water has tested the water using all available methods. 5 compounds were detected, including
PFOA and PFOS. However, all compounds were detected at levels below the Maximum Contanminant Level set by the EPA.
The city will conduct ongoing quarterly testing of the drinking water.
WHERE IS IT FOUND?
PFAS has been found everywhere from the artic ice to human
blood. PFAS can be in the air, water, soil, or living organisms.
The most common locations for PFAS in water are military sites,
airports, landfills (where products have been thrown away) and
manufacturing sites.
IS PFAS HARMFUL?
The public health concern of all PFAS compounds is largely
unknown. However, there is evidence that PFAS can lead to
higher risks of cancer, liver damage, pregnancy complications,
increased cholesterol, as well as other health concerns.
WHAT IS PFAS?
WHERE CAN I LEARN MORE?
To learn more about this issue visit: brooklyncentermn.gov/government/
departments/public-works/public-utilities/water-utility
C ouncil R egular M eeng
DAT E:6/10/2024
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:G are) F les land, Police C hief
S U B J E C T:Res olu/on Recognizing and H onoring O fficer M eloney Knight for O ver 30 Years of
D edicated S ervice to the City of Brooklyn Center
Requested Council A con:
- Moon to approve a resoluon recogniz ing and honoring Officer M eloney K night for over 30 y ears of
D edicated S ervice to the C ity of Brooklyn C enter
B ackground:
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
AT TA C H M E N TS :
D escrip/on U pload D ate Type
Res olu/on 6/4/2024 Resolu/on Le)er
Commission introduced the following resolution:
RESOLUTION NO. __________
RESOLUTION RECOGNIZING AND HONORING OFFICER MELONEY KNIGHT FOR
OVER 30 YEARS OF DEDICATED SERVICE TO THE
CITY OF BROOKLYN CENTER
WHEREAS, Meloney Knight began her law enforcement career as a patrol officer with the City of
Brooklyn Center’s Police Department in 1994; and
WHEREAS, during Officer Knight’s tenure with the City of Brooklyn Center’s Police Department
she served in many roles including SWAT team member, school resource officer and
an investigator; and
WHEREAS, her time spent serving as a school resource officer holds a special place in her heart.
She has referred to the students as her own and showered them with respect, good
nature, kindness and love; and
WHEREAS, other roles Officer Knight participated were field training officer, firearms instructor,
use of force instructor, taser instructor, peer support team member, and police explorer
advisor; and
WHEREAS. over the past three decades, Officer Knight has witnessed and experienced firsthand,
all of the changes and events that have affected the law enforcement profession and
the City of Brooklyn Center’s Police Department; and
WHEREAS, Officer Knight is a genuinely kind, generous, thoughtful police officer, and a dedicated
mother of two talented wrestlers; her personality and presence will be greatly missed
by the community and Brooklyn Center police and city staff.
NOW, THEREFORE, BE IT RESOLVED, that the Brooklyn Center City Council recognizes
and honors Officer Meloney Knight for 30 years of dedicated service to the City of Brooklyn Center.
June 10, 2024
Date Mayor
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:6/10/2024
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:G inny M cI ntosh, P lanning M anager
S U B J E C T:A n O rdinance A mending S ec0on 35-4103 (A llowed Use Table) of the C ity C ode of
O rdinances Regarding P ublic and P rivate Elementary and S econdary S chools O ffering a
Regular C ourse of S tudy in the Transit O riented D evelopment (TO D ) Zoning D istrict -
S econd Reading
Requested Council A con:
- Moon to approve a second reading regarding the adopon of an or dinance amending S econ 35-4103
(A llow ed U se Table) of the C ity C ode of Ordinances, and as outlined under P lanning C ommission
A pplicaon N o. 2024-008, to allow for P ublic and P rivate Elementar y and S econdary S chools Offer ing a
Regular C ourse of S tudy in the Transit Oriented D evelopment (TO D ) zoning district, and publish the adopted
ordinance in the Brooklyn C enter S un Post.
B ackground:
I ndependent S chool D is trict #286 (“the A pplicant ”) and commonly known as Brooklyn C enter C ommunity
S chools , is r eques 0ng an ordinance amendment to C hapter 35 of the C ity C ode to allow for “public and
private elementary and s econdary s chools offering a regular course of s tudy ” as a condi0onal us e w ithin the
City ’s Tr ans it O riented D ev elopment (TO D ) z oning distr ict. This us e is curr ently permiBed as a condi0onal
us e within the C ity ’s R1 (L ow D ensity Residen0al), R 2 (M edium L ow D ens ity Res iden0al), and R 5 (H igh
D ens ity Res iden0al) zoning dis tricts.
D ue to the natur e of the request, a public hearing no0 ce w as publis hed in the Brooklyn Center S un Post on
A pril 25, 2024. M ail no0 fica0 ons w er e s ent to those property ow ners and residents located w ithin 3 5 0 feet
of the S ubject P roperty per direc0on of the City ABorney, although the propos ed amendment w ould affect
the en0 re TO D D istrict, which is compr is ed of 23 proper0es . O f thes e, fiv e (5) proper0es are ow ned by the
City of Br ookly n C enter ’s Economic D evelopment A uthority (E D A ). A public hearing no0ce w as also
uploaded to the City ’s w ebsite, and a link to the public hearing no0ce w as s ent out by email to s ubs cribers
of the C ity ’s w eekly events bulle0n.
The r eques t for an amendment s tems from City staff being contacted by the A pplicant in A pril 2024
regarding the D is trict's plans to relocate its r egular and s pecial educa0on pr eschool pr ogr amming from
Brooklyn Center E lementary S chool, located at 1500 5 9 th Av enue N orth and w ithin the City 's R1 (Low
D ens ity Res iden0al) D istrict, to 5 9 1 0 S hingle Creek Par kway, which is located w ithin the City 's TO D (Transit
O riented D evelopment) D is trict. This property w as re-zoned in J anuar y 2023 w ith the adop0 on of the C ity's
new U nified D evelopment O rdinance and had previously been z oned C 2 (Commerce) D istrict. The C2
D istrict has since been re0red.
The A pplicant had alr eady proceeded w ith interior remodeling to the s econd floor of the building located at
5910 S hingle C reek Park w ay, in an0 cipa0 on of reloca0 ng the Ear ly C ollege A cademy (E C A ) ups tairs to
accommodate the exis 0 ng C entaurs D aycare and pres chool pr ogr ams on the main level of the building,
along with a D is trict Welcome C enter, w hen the A pplicant was no0 fied that public elementary s chools w ere
not permiBed w ithin the TO D D is trict.
A lthough C ity s taff, in conversa0on w ith the C ity ABorney, explored op0 ons of inter pre0ng the preschool
us e as that of a "day care," a review of informa0on fr om the M innes ota D epartment of Educa0on noted
that v oluntary prekindergarten (V P K ) and s chool readines s plus (S R P ) programs are publicly funded
prekindergarten programs that may be incor porated into a s chool dis trict or char ter s chool's E-1 2 s y s tem as
a "new grade level" and are therefore cons ider ed an extens ion of the elementary programming overseen by
the D epartment of Educa0 on. Brooklyn C enter C ommunity S chools (I S D #2 8 6 ) and Robbinsdale A rea
S chools (I S D #2 8 1 ) both offer pre-kindergar ten programming and hav e TO D D is trict proper0 es that fall
w ithin their res pec0ve dis tricts.
A public hearing was held at the May 9, 2024 P lanning Commission mee0ng, and those Commissioners in
aBendance were suppor0v e of the r eques ted ordinance amendment. N o public comments were provided for
in advance o f or at the public hea ring. T he C o mmissio n inquired o n whether there were any buildings located
within the C ity's designated TO D D istrict that would be co nducive to re-using f o r a scho o l use. T he C ommission
later indicated that given the C ity's demographics and increasingly younger po pula0on, that there is almo st a
paramount impo rtance to provide educa0o nal o ppo rtuni0es to the C ity's young residents and ensuring young
families stay here.
An addi0o nal comment presented was that there was a general surprise that we as a C ity did not catch this during
conversa0ons o n the 2040 C omprehensive Plan or the U nified D evelopment O rdinance update, but that if we are
intending to have a large amount of o ur po pula0on conc entrated within the TO D District, as it is the C ity's most
dense district, that a provisio n for schools was almost necessary. General ques0ons were presented o n other uses
currently within the 5910 Shingle C reek Parkway building, which is the Applicant property.
Following close of the public hearing, the Planning C ommission elected to unanimously (4-0) recommend C ity
C ouncil approval of the requested ordinance amendment to Sec0on 35-4103 (Allowed U se Table) to allow for
public and private elementary and secondary schools o ffering a regula r co urse of study as a condi0onal use within
the C ity's Transit O riented Development (TO D) D istrict.
A first r eading of the requested ordinance amendment to S ec0on 35-4103 w as pres ented as a consent item
at the City Council mee0ng on May 28, 2024. S aid item w as approved by Council on a 5-0 vote.
A copy o f the Planning C o mmissio n Report f o r Planning C o mmissio n Applica0on N o. 2024-008, dated May 9,
2024 and ordinance amendment language is included with this memorandum.
B udget I ssues:
None to cons ider at this 0me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Be an effec0ve partner with other public en00es
AT TA C H M E N TS :
D escrip0on U pload D ate Type
S taff Reports and Exhibits - O rdinance A mendment to A llow for
S chools O ffering Regular C ourse of S tudy in TO D D is trict 5/21/2024 Backup M aterial
P ublic H earing and O rdinance A mendment L anguage - S chools
in TO D D is trict 5/21/2024 O rdinance
App. No. 2024-008
PC 05/09/2024
Page 1
Planning Commission Report
Meeting Date: May 9, 2024
Application No. 2024-008
Applicant: Independent School District #286 (Brooklyn Center Community Schools)
Request: Ordinance Amendment (Text)
Map 1. Transit-Oriented Development (TOD) District Properties.
REQUESTED ACTION
Independent School District #286 (“the Applicant”) and commonly known as Brooklyn Center
Community Schools, is requesting an ordinance amendment to Chapter 35 of the City Code to allow for
“public and private elementary and secondary schools offering a regular course of study” as a
conditional use within the City’s Transit Oriented Development (TOD) zoning district—refer to Exhibits A
and B. This use is currently permitted as a conditional use within the City’s R1 (Low Density Residential),
R2 (Medium Low Density Residential), and R5 (High Density Residential) zoning districts.
Due to the nature of the request, a public hearing notice was published in the Brooklyn Center Sun Post
on April 25, 2024 (Exhibit C). Mail notifications were sent to those property owners and residents
•Application Filed: 04/09/2024
•Review Period (60-day) Deadline: 06/08/2024
•Extension Declared: No
•Extended Review Period Deadline:
App. No. 2024-008
PC 05/09/2024
Page 2
located within 350 feet of the Subject Property per direction of the City Attorney, although the proposed
amendment would affect the entire TOD District, which is comprised of 23 properties. Of these, five (5)
properties are owned by the City of Brooklyn Center’s Economic Development Authority (EDA). A public
hearing notice was also uploaded to the City’s website, and a link to the public hearing notice was sent
out by email to subscribers of the City’s weekly events bulletin.
ORDINANCE AMENDMENT (TEXT)
Background
Per Section 35-71301 (Applicability), an amendment of the City’s Unified Development Ordinance may
be initiated by the City Council, Planning Commission, or a City property owner. In this particular case,
the Applicant contacted the City regarding proposed changes to their building located at 5910 Shingle
Creek Parkway, which was purchased by the Applicant in 2022. The Applicant had long been a tenant of
the building, and served as the home of its Centaur Beginnings Child Care and Early College Academy
(ECA), and desired a consolidation of their district offices and childcare services into one building.
Per Planning Commission Application No. 2022-002, the intent at that time was to house an Early
Learning Center (birth until school age) at this location, as well as a community service center, wellness,
center, and elder’s room. In facilitating purchase of the property, the City of Brooklyn Center’s Economic
Development Authority acquired approximately 5.45 acres of the approximately 8-acre property for
future developable land within the Opportunity Site when the property was re-platted to BCCS 5910
SHINGLE CREEK ADDITION. This resulted in an approximately 2.5-acre new home for Brooklyn Center
Community Schools.
City staff was contacted by the Applicant in April 2024 regarding the District’s plans to relocate its
regular and special education preschool programming from Brooklyn Center Elementary School, located
at 1500 59th Avenue North and within the City’s R1 (Low Density Residential) District, to 5910 Shingle
Creek Parkway, which is located within the City’s TOD (Transit Oriented Development) District. This
property was re-zoned in January 2023 with the adoption of the City’s new Unified Development
Ordinance and had previously been zoned C2 (Commerce) District, which has since been retired as a
district.
The Applicant had already proceeded with interior remodeling to the second floor of the building
located at 5910 Shingle Creek Parkway, in anticipation of relocating the Early College Academy (ECA)
upstairs to accommodate the existing Centaurs Daycare and preschool programs on the main level of
the building, when the Applicant was notified that public elementary schools were not permitted within
the TOD District.
As proposed, the Applicant would be seeking a text amendment to Chapter 35 (Unified Development
Ordinance) that would allow for “public and private elementary and secondary schools offering a regular
course of study” as a conditional use within the City’s Transit Oriented Development (TOD) District. As
proposed, the following would be modified within Section 35-4103 (Allowed Use Table):
ORDINANCE NO. ________
AN ORDINANCE AMENDING SECTION 35-4103 ALLOWED USE TABLE OF THE CITY CODE
OF ORDINANCES REGARDING PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY
SCHOOLS OFFERING A REGULAR COURSE OF STUDY IN THE TRANSIT ORIENTED
DEVELOPMENT ZONING DISTRICT
App. No. 2024-008
PC 05/09/2024
Page 3
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 35, Section 35-4103 Allowed Use Table is amended by
adding the following double-underlined language:
(Strikeout indicates matter to be deleted, double-underline indicates new matter.)
In reviewing requests for ordinance amendments, certain amendment criteria shall be considered as
outlined under Section 35-71304 (Amendment Criteria). The Planning Commission and City Council shall
review the necessary submittal requirements, facts, circumstances of the proposed amendment, and
make a recommendation and decision on the amendment based on, but not limited to, consideration of
the following criteria and policies:
a. Whether there is a clear and public need or benefit;
b. Whether the proposed amendment is consistent with and compatible with surrounding land use
classifications;
c. Whether all permitted uses in the proposed zoning district can be contemplated for
development of the subject property;
d. Whether there have been substantial physical or zoning classification changes in the area since
the subject property was zoned;
P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE
Residential Commercial/ Mixed Use Nonresidential
Use-Specific
Standards
R1
R2
R3
R4
R5
M X-
N1
M X-
N2
MX-
C
TOD
C
MX-
B
I
O
EDUCATIONAL FACILITIES
Nonresidential educational
uses including Area
Learning Centers (ALC),
post-secondary schools,
business schools, trade
schools and the like, but
excluding public and private
elementary and secondary
schools
C C P P P
Public and private
elementary and secondary
schools offering a regular
course of study
C
C C C
Accessory educational
structures serving public
and private elementary and
secondary schools offering
a regular course of study
I I I 35-4408
App. No. 2024-008
PC 05/09/2024
Page 4
e. Whether there is an evident, broad public purpose in the case of City-initiated rezoning
proposals;
f. Whether the subject property will bear fully the UDO development restrictions for the proposed
zoning districts;
g. Whether the subject property is generally unsuited for uses permitted in the present zoning
district, with respect to size, configuration, topography, or location;
h. Whether the rezoning will result in the expansion of a zoning district, warranted by:
1) Comprehensive Planning;
2) The lack of developable land in the proposed zoning district; or
3) The best interests of the community.
i. Whether the proposal demonstrates merit beyond the interests of an owner or owners of an
individual parcel.
j. The specific policies and recommendations of the Comprehensive Plan and other City plans;
k. The purpose and intent of this UDO, or in the case of a map amendment, whether it meets the
purpose and intent of the individual district; and
l. If applicable, the adequacy to buffer or transition between potentially incompatible districts.
2040 Comprehensive Plan
All impacted properties located within the City’s TOD zoning district are future guided under the 2040
Comprehensive Plan as “TOD (31.01-130 DU/Ac.),” which is a new future land use designation. The TOD
designation was a direct response to the opening of the Metro Transit C and D lines and the land use
designation specifically guided redevelopment within ¼ mile of the planned station stops and a vision
that these areas create a vibrant, accessible and diverse land use pattern.
Table 1. Total New Households within the Transit Oriented Development future land use designation.
App. No. 2024-008
PC 05/09/2024
Page 5
The majority of the City’s forecasted growth, as outlined in the City’s 2040 Comprehensive Plan, was
anticipated to occur within the City’s major redevelopment areas guided primarily as Transit Oriented
Development (TOD) and Commercial Mixed-Use (C-MU), and a minimum of 75% of the land within this
designation was planned for development into high-density residential uses, with remaining land
developed for supporting retail, office, and commercial uses. The TOD future land use designation is
ultimately intended to create a walkable, bikeable, vibrant core within the City of Brooklyn Center, and
encompasses properties located within the City’s Opportunity Site, and along Bass Lake Road (County
Road 10) and Xerxes Avenue North.
The City’s Comprehensive Plan further notes that, increasingly, access of neighborhoods, housing,
services, and experience-based retail by efficient and frequent transit services is becoming a highly
desirable and sought-after amenity within development and redevelopment areas.
The Institute for Transportation & Development Policy notes that, “Transit Oriented Developments are
inherently intended to integrate urban places designed to bring people, activities, buildings, and public
space together, with easy walking and cycling connections between them and near-excellent transit
service to the rest of the City.”
Unlike the broader region, in which the population continues to age rapidly, Brooklyn Center’s
population grew younger between 2000 and 2010, due to an increase in the number of persons aged 25
to 34, many of which are starting families and having children. Increases in the number of young families
ultimately place demands on schools, housing affordability, and the types of retail goods and services
needed. In the case of the TOD future land use designation, where 75% of the lands are likely to provide
higher density housing, it is assumed that the demand for school and daycare services will only increase.
In the case of those lands future guided as “Transit Oriented Development” under the City’s 2040
Comprehensive Plan, those affected school districts include Brooklyn Center Community Schools (ISD
#286) and Robbinsdale Area Public Schools (ISD #281).
Although the 2040 Comprehensive Plan noted a median age of residents as 32.8 (2016), the 2020 census
identified a median age of 32.4 in Brooklyn Center. The median age in Minnesota is 39. The American
Community Survey estimates (2022) identify approximately 9% of Brooklyn Center’s population as being
under 5 years of age, and approximately 29.3% of the City’s population as being under 18 years of age.
In the state of Minnesota, and per ACS estimates (2022), approximately 5.7% of the state’s population is
under 5 years of age, and approximately 22.5% of the state’s population is under 18 years of age.
Unified Development Ordinance | Transit Oriented Development Zoning District
When the City was initially approached by the Applicant, City staff engaged with the City Attorney to
determine whether or not “preschools” could be interpreted as “licensed daycare facilities (13 or
greater persons),” as Centaur Beginnings Child Care was issued a special use permit from the City in
2014 and has continuously operated at 5910 Shingle Creek Parkway since 2015.
However, in reviewing information from the Minnesota Department of Education, it was eventually
determined that the voluntary prekindergarten (VPK) and school readiness plus (SRP) programs are
publicly funded prekindergarten programs that may be incorporated into a school district or charter
school’s E-12 system as a “new grade level” and are therefore are considered an extension of the
elementary programming overseen by the Department of Education. Brooklyn Center Community
Schools (ISD #286) and Robbinsdale Area Public Schools (ISD #281) both offer pre-kindergarten
programming.
App. No. 2024-008
PC 05/09/2024
Page 6
The City’s Transit Oriented Development zoning district was created as a district response to the City’s
adoption of the 2040 Comprehensive Plan in 2019. The purpose of the TOD (Transit Oriented
Development) district is to support opportunities for dense, transit-supportive and transit-oriented
development. The TOD district requires intensities and patterns of development that support vibrant
pedestrian activity and discourages land uses and development patterns that could decrease walkability
or interfere with future growth of transit-oriented development and transit ridership.
The district intends to promote sustainable urban places that includes places to live, work, shop, and
recreate, reduce reliance on automobiles, and encourage the use of public transit. The further district
intends to foster job creation and economic growth in near-proximity to transit, and provide citizens
with new housing and lifestyle choices with a high level of amenities and spaces for social interaction.
Uses currently allowed within the City’s Transit-Oriented Development District, either as permitted or
conditional uses, that City staff has determined as similar to “public and private elementary and
secondary schools offering a regular course of study,” and targeting similar demographics, include:
community centers, libraries and art galleries, nonresidential educational uses including Area Learning
Centers (ALC), post-secondary schools, business schools, trade schools and the like, and licensed day
care facilities (13 or more persons).
In reviewing the 23 properties currently zoned “Transit Oriented Development,” 9 of these properties
are located within the City’s designated Opportunity Site, five (5) of which are owned by the City’s
Economic Development Authority.
For those properties located outside the Opportunity Site, all of these properties are currently
developed at this time, and in many cases, City staff does not foresee any opportunity to utilize these
properties for educational purposes, which limits the ability for school districts to address the needs of
an increasingly young population in a district intended for the greatest housing density within the City,
and encompassing the majority of lands intended for what is envisioned as the City’s downtown,
walkable core.
Examples include: Brooklyn Center Transit Center (2900 County Road 10), Gateway Commons
Apartments (2850 Northway Drive), Sonder House and Sonder Point (5801 and 5803 Xerxes), and Cub
Foods shopping center (3245 County Road 10). Although there are two large office complexes zoned
Transit-Oriented Development (3300 County Road 10, 5701 Shingle Creek Parkway), there are inherent
complications and constraints in envisioning these locations for use as “private or public elementary and
secondary schools offering a regular course of study” given building and fire code restrictions on how
many stories up in a building an educational/institutional use can be located, fire sprinkler
requirements, exiting/egress, etc. This ultimately limits the locations in which schools are able to serve
students within the City’s TOD District, unless a full redevelopment were contemplated.
RECOMMENDATION
Based on the above noted findings, and in response to Section 35-71304 (Amendment Criteria) of the
City Code, City staff recommends the Planning Commission recommend City Council approval of
Planning Commission Application No. 2024-008, which would amend Section 35-4103 (Allowed Use
Table) of the City Code of Ordinances regarding public and private elementary and secondary schools
offering a regular course of study in the Transit Oriented Development zoning district.
Any subsequent approval by City Council for the above-requested amendment to Chapter 35 (Unified
App. No. 2024-008
PC 05/09/2024
Page 7
Development Ordinance) shall require that any applicant, including the Applicant for Planning
Commission Application No. 2024-008, submit a separate application for review and consideration of a
conditional use permit (CUP).
Attachments
Exhibit A- Planning Application No. 2024-008 narrative, prepared by Brooklyn Center Community
Schools.
Exhibit B- Map and spreadsheet noting Transit Oriented Development district properties.
Exhibit C- Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated April 25, 2024.
In addition to owning and operating two school buildings, Brooklyn Center Community
Schools District 286 had rented space to operate Early College Academy programming,
Centaur Beginnings programming, and the District Office since 2015. As we came out of
the pandemic, our district explored ways to invest money back into our community.
In July 2022, our school board approved the purchase of 5910 Shingle Creek Parkway
which allowed our district the ability to fully own and operate three buildings and
continue investing in students’ education without raising homeowner’s taxes. Through
this purchase, our district is able to expand their programming facilities while also
creating intentional gathering spaces to allow for further relationship building and
resource distribution with our community.
By the start of the 2024-2025 school year, our district is preparing to run all our Early
Childhood Programming (20,922 sq ft) at 5910 Shingle Creek Parkway. Our design
plans allow for all our students and families who attend birth-five year old programming
to be located in one space. By building these spaces to be specifically geared towards
our young learns on the Opportunity Site, we can cater to their development and
support them in building lifelong connections as they prepare for Kindergarten.
Additional programs and operations that will be housed in the building include:
● The Early College Academy Alternative Programming (9611 sq ft)
● An Elder’s Community Room (413 sq ft)
● A Family Resource Room (497 sq ft)
● Adult Basic Education Classrooms (3008 sq ft)
● A Welcome & Enrollment Center (2164 sq ft)
● Common Spaces (5940 sq ft)
● Board Room (2586 sq ft)
● District Office (7141 sq ft)
Common spaces include multiple workstations, group tables, and conference rooms.
These spaces are intentionally created for any staff members to use collaboratively
when they visit the district office.
Brooklyn Center Community Schools District 286 is excited about the future of our Early
Childhood and Alternative Programming at 5910 Shingle Creek Parkway. We look
forward to opening our doors to the community in the fall!
Exhibit A
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TOD District Properties
5910 Shingle Creek Parkway (Applicant Property)
Applicant | Property Owner: Independent School District #286 (Brooklyn Center Community Schools)
Request: Ordinance Amendment
Exhibit B
PROPERTY ID PROPERTY OWNER ADDRESS CITY | STATE | ZIP CODE TAXPAYER TAX_2 TAX_3 TAX_4
22 02-118-21 12 0011 ECON DEVEL AUTH BROOKLYN CTR 5915 JOHN MARTIN DR BROOKLYN CENTER MN 55430 ECON DEVEL AUTH OF BROOKLYN CENTER MN 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER MN 55430
22 02-118-21 21 0002 5930 SHINGLE CRK PKWY MN LLC 5930 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 5930 SHINGLE CRK PKWY MN LLC C/O JANI-KING INTERNTL INC 16885 DALLAS PKWY ADDISON TX 75001
22 02-118-21 21 0005 GROUP HEALTH PLAN INC 5901 JOHN MARTIN DR BROOKLYN CENTER MN 55430 HEALTHPARTNERS REAL ESTATE PO BOX 16115 ST LOUIS PARK MN 55416
22 02-118-21 21 0014 ECON DEVEL BROOKLYN CENTER 5939 JOHN MARTIN DR BROOKLYN CENTER MN 55430 ECON DEVEL BROOKLYN CENTER ATTN: CURTIS BOGANEY 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430
22 02-118-21 21 0015 LIN SHUANG LLC 5927 JOHN MARTIN DR BROOKLYN CENTER MN 55430 NEW KING BUFFET 5927 JOHN MARTIN DR BROOKLYN CENTER MN 55430
22 02-118-21 21 0019 INDEPENDENT SCHOOL DIST #286 22 ADDRESS PENDING BROOKLYN CENTER MN 00000 INDEPENDENT SCHOOL DIST #286 5910 SHINGLE CREEK PKWY DOOR 7 BROOKLYN CENTER MN 55430
22 02-118-21 21 0020 EDA BROOKLYN CENTER 22 ADDRESS PENDING BROOKLYN CENTER MN 00000 EDA BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430
22 02-118-21 23 0015 G B HOMES LLC 2802 NORTHWAY DR BROOKLYN CENTER MN 55430 MKT EQTS-GATEWAY COMMONS LLC 810 MILL AVENUE WATERTOWN MN 55388
22 02-118-21 23 0016 FTKD PROPERTIES INC 5701 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 FTKD PROPERTIES INC 6000 BASS LAKE RD #200 CRYSTAL MN 55429
22 02-118-21 23 0022 KS ENTERPRISE LLC 5810 XERXES AVE N BROOKLYN CENTER MN 55430 KS ENTERPRISE LLC 1199 SUMMER ST ROSEVILLE MN 55113
22 02-118-21 23 0024 METROPOLITAN COUNCIL 2900 CO RD NO 10 BROOKLYN CENTER MN 55430 METRO TRANSIT COMM ATTN: METRO TRANSIT FINANCE 560 6TH AVE N MINNEAPOLIS MN 55411
22 02-118-21 24 0019 ECON DVLPT ATHY BROOKLYN CTR 2500 CO RD NO 10 BROOKLYN CENTER MN 55430 ECON DVLPT ATHY BROOKLYN CTR 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430
22 02-118-21 24 0020 ECON DEV AUTH BROOKLYN CENTE 5900 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 ECON DEV AUTH BROOKLYN CENTE 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430
22 03-118-21 14 0001 KENT J ERICKSON REVOCABLE TR 5740 BROOKLYN BLVD BROOKLYN CENTER MN 55429 KENT J ERICKSON C/O BROOKDALE HEALTH 5740 BROOKLYN BLVD #100 BROOKLYN CENTER MN 55429
22 03-118-21 14 0026 HONEYWELL EMPLY CREDIT UNION 5825 XERXES AVE N BROOKLYN CENTER MN 55430 CONNEXUS CREDIT UNION PO BOX 8026 WAUSAU WI 54402
22 03-118-21 14 0030 TCF BANKING & SAVINGS F A 2950 CO RD NO 10 BROOKLYN CENTER MN 55430 TCF NATIONAL BANK ATTN: CORP REAL ESTATE PO BOX 182334 55441 COLUMBUS, OH 43218
22 03-118-21 14 0033 BC CROSSING/INVENTURE P LLC 3300 CO RD NO 10 BROOKLYN CENTER MN 55429 BC CROSSING LLC INVENTURE PROPERTIES LLC 3105 1ST STREET S ST CLOUD MN 56301
22 03-118-21 14 0034 BC CROSSING/INVENTURE P LLC 3220 CO RD NO 10 BROOKLYN CENTER MN 55429 BC CROSSING LLC INVENTURE PROPERTIES LLC 3105 1ST STREET S ST CLOUD MN 56301
22 03-118-21 14 0035 BROOKDALE CORNER LLC 3245 CO RD NO 10 BROOKLYN CENTER MN 55429 BROOKDALE CORNER LLC 705 MARQUETTE AVE S STE 900 MINNEAPOLIS MN 55402
22 03-118-21 14 0036 BROOKLYN CENTER AH II LLLP 5803 XERXES AVE N BROOKLYN CENTER MN 55430 BROOKLYN CENTER AH II LLLP C/O REAL ESTATE EQUITIES LLC 579 SELBY AVE ST PAUL MN 55102
22 03-118-21 14 0037 BROOKLYN CENTER AH I LLLP 5801 XERXES AVE N BROOKLYN CENTER MN 55430 BROOKLYN CENTER AH I LLLP C/O REAL ESTATE EQUITIES LLC 579 SELBY AVE ST PAUL MN 55102
22 03-118-21 41 0001 MARQUETTE BANK BROOKDALE 5620 BROOKLYN BLVD BROOKLYN CENTER MN 55429 WELLS FARGO BANK C/O DELOITTE TAX LLP PO BOX 2609 CARLSBAD CA 92018
22 03-118-21 41 0002 IHOP PROPERTY LLC 5601 XERXES AVE N BROOKLYN CENTER MN 55430 IHOP PROPERTY LLC C/O DINEEQUITY INC 450 N BRAND BLVD GLENDALE CA 91203
Owned by City of Brooklyn Center EDA
Applicant Property (ISD #286)
Transit Oriented Development (TOD) District Properties
Exhibit C
1
CITY OF BROOKLYN CENTER
Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public
hearing on Thursday, May 9, 2024 at 7:00 p.m. at Brooklyn Center City Hall, located at 6301
Shingle Creek Parkway, Brooklyn Center, MN 55430 to hear from the public, discuss, and make
a recommendation upon an ordinance amending Chapter 35 of the City Code to allow public and
private elementary and secondary schools offering a regular course of study as a conditional use
in the City’s Transit Oriented Development zoning district. Public hearing materials can be
accessed and will be available in advance of the meeting by visiting the City of Brooklyn Center’s
website at: https://www.brooklyncentermn.gov/. Interested persons are welcome to attend the
hearing and be heard regarding this matter.
Comments and questions may be forwarded to Ginny McIntosh, Planning Manager at
gmcintosh@brooklyncentermn.gov or (763) 569-3319 up until 4:30 pm on the day of the hearing.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
ORDINANCE NO. ________
AN ORDINANCE AMENDING SECTION 35-4103 ALLOWED USE TABLE OF THE CITY
CODE OF ORDINANCES REGARDING PUBLIC AND PRIVATE ELEMENTARY AND
SECONDARY SCHOOLS OFFERING A REGULAR COURSE OF STUDY IN THE
TRANSIT ORIENTED DEVELOPMENT ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 35, Section 35-4103 Allowed Use Table is amended
by adding the following double-underlined language:
P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE
Residential Commercial/ Mixed
Use
Nonresidential
Use-
Specific
Standards
R1
R2
R3
R4
R5
M X-
N1
M X-
N2
M
X-
C
TO
D
C
MX-
B
I
O
EDUCATIONAL FACILITIES
Nonresidential
educational uses
including Area Learning
Centers (ALC), post-
C C P P P
2
Article II. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this ____ day of _____________, 2024.
_______________________________
April Graves, Mayor
ATTEST: _________________________
Barb Suciu, City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double-underline indicates new matter.)
secondary schools,
business schools, trade
schools and the like, but
excluding public and
private elementary and
secondary schools
Public and private
elementary and secondary
schools offering a regular
course of study
C
C C C
Accessory educational
structures serving public
and private elementary
and secondary schools
offering a regular course
of study
I I I 35-4408
C ouncil R egular M eeng
DAT E:6/10/2024
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:
S U B J E C T:Reading of Execu-ve Performance Evalua-on
Requested Council A con:
B ackground:
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
Council/E D A Work
S ession
City Hall Council Chambers
J une 10, 2024
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.Centerbrook Golf Course S ell of T HC Beverage
- Consensus of the Council regarding the sell of THC beverages at
Centerbrook golf course.
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)
Emerald Ash B orer Policy Review (referred to Park & Rec Commission
November)
Opioid Settlement - 6/24
A R PA Funds
Grants: Revenues & E xpenses
Purchasing Policy
Revisit Resolution 2021-73
Planning A pplication Process
C ouncil/E DA Work Session
DAT E:6/10/2024
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:C ordell W is eman, Parks and Recrea-on D irector
S U B J E C T:C enterbrook G olf Cours e S ell of T H C Beverage
Requested Council A con:
- C onsensus of the C ouncil regarding the sell of T H C beverages at C enterbrook golf course.
B ackground:
T he Minnesota L egislature a dopted co mprehensive legisla-on in 2022 rela -ng to c anna bis and cannabis
businesses. T he legisla-on gave local go vernments certain autho ri-es, including the authority to adopt an interim
ordinance pro hibi-ng the opera-on of cannabis businesses within the C ity tha t could remain in effect un-l
J anuary 1, 2025.
I n J uly 2023, in accordance with the statutory a utho rity, the C ity C o unc il ado pted an interim o rdinance impo sing a
moratorium on the o pera-on o f a c anna bis business in the C ity through J anua ry 1, 2025. T he interim ordinance
applied to cannabis businesses, as that term is defi ned by statute, but expressly excluded (1) the con-nued
opera-on o f a business as part o f the medical cannabis program administered by the Minneso ta Department of
Health, (2) the lawf ul sale of edible cannabino id products, including T H C beverages, or (3) sales of edible
cannabinoid products at an exclusive liquo r sto re. T he mo ratorium esta blished by the C ity remains in eff ect but it
expressly does not apply to the lawful sale of edible cannabinoid products.
I n S eptember 2 0 2 3 , the C ity C ouncil adopted an ordinance es tablishing and r egula-ng the licens ing and sale
of edible cannabinoid products in the City.
The C ity operates tw o retail liquor s tor es in the City and C enterbr ook G olf C ourse has been es tablis hed as
liquor s tore number 3. The City obtained the required licens e in accordance w ith the City C ode for the sale
of edible cannabinoid pr oducts , and ther efor e, the pr oducts ar e able to be s old at the golf cours e, assuming
the golf cours e is opera-ng in compliance w ith the requirements es tablis hed by M innesota S tatutes and the
City C ode. A ddi-onally, the golf course has obtained the r equir ed registra-on with the Minnes ota
D epartment of H ealth.
Bas ed upon the foregoing, T H C bev erages are able to be s old at the golf course, s o long as it complies with
the licens e requirements set forth in M innesota S tatutes and the City Code.
S taff is s eeking a consens us of the C ouncil regarding the sell of T H C beverages at Centerbrook G olf C ourse.
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Maintain a s trong financial pos i-on
AT TA C H M E N TS :
D escrip-on U pload D ate Type
C ity A?orney M emo 6/6/2024 Cover Memo
Kennedy & Graven
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9207 direct
jhill@kennedy-graven.com
MEMORANDUM
TO: Dr. Reginald Edwards, City Manager
Cordell Wiseman, Parks and Recreation Director
FROM: Jason M. Hill, City Attorney
DATE: June 5, 2024
RE: Sale of THC Beverages at Centerbrook Golf Course
_____________________________________________________________________________________________________________________
This memorandum is provided in response to your question with regard to the sale of THC
beverages at Centerbrook Golf Course. Based upon my review, THC beverages are able to be sold
at the golf course, so long as it complies with the license requirements set forth in Minnesota
Statutes and the City Code,
The Minnesota Legislature adopted comprehensive legislation in 2022 relating to cannabis and
cannabis businesses. The legislation gave local governments certain authorities, including the
authority to adopt an interim ordinance prohibiting the operation of cannabis businesses within the
City that could remain in effect until January 1, 2025. In July 2023, in accordance with the statutory
authority, the City Council adopted an interim ordinance imposing a moratorium on the operation
of a cannabis business in the City through January 1, 2025. The interim ordinance applied to
cannabis businesses, as that term is defined by statute, but expressly excluded (1) the continued
operation of a business as part of the medical cannabis program administered by the Minnesota
Department of Health, (2) the lawful sale of edible cannabinoid products, including THC
beverages, or (3) sales of edible cannabinoid products at an exclusive liquor store. The moratorium
established by the City remains in effect but it expressly does not apply to the lawful sale of edible
cannabinoid products.
In September 2023, the City Council adopted an ordinance establishing and regulating the
licensing and sale of edible cannabinoid products in the City.
The City operates two retail liquor stores in the City and Centerbrook Golf Course has been
established as liquor store number 3. The City obtained the required license in accordance with the
City Code for the sale of edible cannabinoid products, and therefore, the products are able to be
sold at the golf course, assuming the golf course is operating in compliance with the requirements
established by Minnesota Statutes and the City Code. Additionally, the golf course has obtained
the required registration with the Minnesota Department of Health.
Based upon the foregoing, THC beverages are able to be sold at the golf course, so long as it
complies with the license requirements set forth in Minnesota Statutes and the City Code.
C ouncil/E DA Work Session
DAT E:6/10/2024
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)
Emerald A s h Borer Policy Review (referred to Park & Rec C ommission November)
O pioid S e2lement - 6/24
A R PA F unds
G rants: Revenues & Expens es
P urchasing Policy
Revis it Resolu6on 2021-73
P lanning A pplica6on P roces s
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values: