HomeMy WebLinkAbout2024.06.24 CCPCouncil Worksession
City Hall Council Chambers
J une 24, 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
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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
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
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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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5. Community Health, Safety and Violence Violation Prevention Commission Committee. The
City will create a permanent Community Safety and Violence Prevention Commission
Committee. The Director will provide the Mayor with a list of candidates to serve on the
Commission Committee and the Mayor will recommend candidates to the City Council for
appointment. A majority of the Commission Committee members must be a majority of City
residents with direct experience being arrested, detained, or having other similar contact with
Brooklyn Center Police, or have had direct contact with one or more of the other services to be
provided by the new government unit Department. The Director of Department of
Community Prevention, Health, and Safety government unit and Violence Prevention shall
serve as liaison to the Commission and with collaboration of all related city governmental
units (i.e. police, recreation, fire, community development, etc.).
The City Council may appoint City staff to serve as liaisons to the committee, but no City staff
member will have a vote on the committee. The Commission committee will review and make
recommendations regarding the policing response to recent protests; review the current collective
bargaining agreement between the City and the Police Department and make recommendations
prior to the renegotiation of the agreement and before its final approval; recommend the City
Council create a separate and permanent civilian oversight committee for the new Government
Unit Department; review Chapter 19 of the City Code and make recommendations with regard
to repealing or amending provisions or penalties therein, including fines and fees; and
periodically make any other recommendations to the City Council related to initiating programs
or policies to improve community health and safety in the City.
6. Use of Force, The City will review and update its policies, practices and training to more
appropriately regulate the use of force by its aimed law enforcement officers including, for
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example, by requiring de-escalation, exhaustion of reasonable alternatives before using
deadly force, prohibitions on using deadly force in certain situations including firing upon
moving vehicles, prohibiting certain uses of force or other policing tactics during First
Amendment protests and assemblies, and additional revisions as needed.
7. Citation and Summons for Low Level Offenses. To immediately prevent any further harm
and to better protect the peace and safety of all City residents while this Act is being fully
implemented, the City Council directs the City Manager to implement forthwith a citywide
"citation and summons" policy requiring officers to issue citations only, and prohibiting
custodial arrests or consent searches of persons or vehicles, for any non-moving traffic
infraction, non-felony offense, or non-felony warrant, unless otherwise required by law, and
the Implementation Committee will make recommendations regarding making these policy
changes permanent and/or modifying them as needed, including by appropriate changes in
ordinance, practices or policies.
8. Implementation Committee. The City will create a Community Safety and Violence
Prevention Implementation Committee ("Implementation Committee"), including residents
from the City and other local, state and national expe1ts in public health-oriented approaches
to community safety, to be chaired by the Mayor, and with members recommended by the
Mayor and confirmed by the City Council, that will propose amendments, ordinances,
resolutions, policies, guidelines or other recommendations for the review, adoption and/or
implementation by City Council or City staff, as appropriate, that would fully implement the
will and intent of City Council as expressed in this Act. The City Council may appoint City
staff to serve as liaisons to the Implementation Committee, but City staff shall not have a
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vote on the committee. The Implementation Committee shall provide its recommendations
directly to the City Council.
9. Community Involvement. The Implementation Committee will ensure the community has
the opportunity to review and comment upon the all implementation plans, including by
making periodic progress reports in open City Council meetings monthly, or more frequently
upon the Council's request; that the Community Health, Safety and Violence Prevention
Commission is empowered to assist the City in exploring external sources of funding to implement the
Act. that the Implementation Committee is empowered to explore external sources of
funding to implement the Act and that the City may retain additional counsel, temporary
staff, and consultants as reasonable and necessary to enable the Implementation
Committee to complete its work; and the Implementation Committee will present
recommendations to City Council for initial consideration not later than 180 days from the
date of this Act.
10. Implementation and Staff Support. The directives contained in this Act shall be carded out
in compliance with the law and the City Charter. The City Attorney, City Manager, Chief of
Police and other City personnel are authorized and directed to provide all necessary assistance
and support to all committees created pursuant to this Act, including by supplying the
committees with any and all data necessary to perform their duties, including confidential or
private data as requested with appropriate protections, and budgetary, staffing or other
information, and assisting with the crafting of amendments, ordinances, or policies as
requested by the Implementation Committee.
This Act authorizes, to the greatest extent possible, the implementation of the measures
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identified herein without further policy approvals from the City Council. To the extent
additional approvals are needed, or legal barriers are identified, in the implementation of
these measures or the recommendations of the Implementation Committee, the City Manager
or City Attorney are directed to bring those issues to the City Council's attention for further
direction or action as needed.
Mayor
Date
ATTEST:______________________________
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
whereupon said resolution was declared duly passed and adopted.
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
J une 24, 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 - Lawrence-Anderson
Administer Ceremonial Oath of Office
a.Swearing in of P olice Chief Garett Flesland
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
6/10/24 Worksession
6/10/24 Regular Session
6/10/24 EDA/Work Session
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.Resolution Transferring L ocal B oard A uthority of A ppeal and E qualization
Power and Duty to Hennepin County ("Open Book")
- Motion to approve a resolution transferring local board of authority of
appeal and equalization power and duty to Hennepin County ("Open
Book")
d.Resolution A ccepting Bid and Awarding a Contract to Hosier Worldwide, I nc,
for Demolition and Site Work at 6100 Shingle Creek Pkwy (F ormer Target
Site)
- Motion to approve a resol ution accepting the lowest responsi bl e bid and
awarding a contract to Hosier Worldwide, Inc, for Demolition and Site Work
at 6100 Shingle Creek Pkwy.
e.Resolution I dentifying the Need for L ivable Communities Demonstration
Account (L C D A ) Transit-Oriented Development Funding and Authorizing
Application for Grant Funds for Opportunity S ite Phase 1 I nfrastructure
- Motion to approve the resolution identifying the need for Livable
Communities Demonstration Account Transit Oriented Development
funding and authorizing an application for grants funds.
f.An Ordinance A mending the Mayor and Council Salaries for 2025 and 2026
(first reading)
- Motion to approve the first reading of an ordinance amending the salaries
for Mayor and Council for 2025 and 2026 and call for a second reading on
July 23, 2024.
7.P resentations/Proclamations/Recognitions/Donations
8.P ublic Hearings
a.An Ordinance A mending Chapter 12 of the City Relating to New Rental
L icensed Properties and Nuisance A batement P rocess – 2nd Reading
- Moti on to approve the second reading and adopt an Ordinance Amending
Chapter 12 of the Ci ty Code of Ordinance Amendi ng Sections 12-901, 12-
1201A and 12-1206 of the City Code of Ordinances regarding rental
licensing and building compliance orders.
b.Resolution A pproving Amendments to, and Reissuance of, T he Crest
Apartment’s Multifamily Housing Revenue Note, Series 2021A
- Motion to open public hearing
-Motion to close public hearing
-Motion to approve a resol ution approving amendments to and authorizing
the deemed reissuance of a conduit multifamily housing revenue note and
amendments to documents in connection therewith (the crest apartments
project)
9.P lanning Commission Items
a.Resolution Regarding Recommended Disposition of Planning Commission
Application No. 2024-006 Submitted by C Alan Homes L L C for Re-approval
of the P reliminary and F inal Plats for Robertson and B rekke Brooklyn
Boulevard Addition (6025, 6031, 6037, and 6045 Brooklyn B oulevard)
- Motion to adopt a resolution approving Planning Commission Application
No. 2024-006 for re-approval of the preliminary and final pl at for Robertson
and Brekke Brooklyn Boulevard Addition, and commonly addressed as
6025, 6031, 6037, and 6045 Brooklyn Boulevard, based on the findings of
fact and submitted documentation, as amended by the condi ti ons of
approval in the resolution.
b.Planning Commission A pplication No. 2024-007 S ubmitted by C A lan Homes
L L C for Re-approval of the Preliminary and Final P lats for Robertson and
Brekke B rooklyn Boulevard S econd Addition (6921, 6927, 6933, and 6939
Brooklyn B oulevard)
- Motion to adopt a resolution approving Planning Commission Application
No. 2024-007 for re-approval of the preliminary and final pl at for Robertson
and Brekke Brooklyn Boulevard Second Addition, and commonly
addressed as 6921, 6927, 6933, and 6939 Brooklyn Boulevard, based on
the findings of fact and submi tted documentation, as amended by the
conditions of approval in the resolution.
10.Council Consideration Items
a.Resolution A pproving Amended P erformance Agreements with C Alan
Homes
-Motion to approve a resolution approving an amendment to a performance
agreement (6025, 6031, 6037, and 6045 Brooklyn Boulevard)
-Motion to approve a resolution approving an amendment to a performance
agreement (6921, 6927, 6933, and 6939 Brooklyn Boulevard)
b.City Commission A ppointments
- appoint members to commissions
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:6/24/2024
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
6/10/24 Worksession
6/10/24 Regular S ession
6/10/24 E DA /Work S ession
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee5ngs must be documented
and approved by the governing body.
B udget I ssues:
- 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
6.10 Regular S ession 6/17/2024 Backup M aterial
6.10 E DA /Work S ession 6/17/2024 Backup M aterial
6.10 Work S es s ion 6/20/2024 Backup M aterial
6/10/24 -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
JUNE 10, 2024
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April
Graves at 7:03 p.m.
Mayor Graves reviewed the rules of conduct for the meeting.
2. ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Public
Works Elizabeth Heyman, Planning Manager Ginny McIntosh, Assistant City Manager/City Clerk
Barb Suciu, and City Attorney Siobhan Tolar.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. INFORMAL OPEN FORUM
Mayor Graves read the rules for Informal Open Forum.
Mayor April Graves opened the meeting for the purpose of Informal Open Forum.
Jerrold K. stated he has rented an apartment in Brooklyn Center for 20 years. His rent increased
by $300 per month recently. There was only a two-week notice. He has loved living in Brooklyn
Center, but he has to move. Mayor Graves offered her sympathy to Jerrold K.
Councilmember Jerzak moved and Councilmember Kragness seconded to close the Informal Open
Forum at 7:08 p.m.
Motion passed unanimously.
5. INVOCATION
Councilmember Jerzak summarized Walter Lippmann’s background and shared a quote of his,
“When we all think alike no one thinks very much.” He shared another quote from an unknown
6/10/24 -2- DRAFT
author, “Wild ducks make a lot of noise, but they have the sense to benefit from occasionally flying
in formation.”
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to approve the
Agenda and Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. May 28, 2024 – Study Session
2. May 28, 2024 – Regular Session
6b. LICENSES
GARBAGE HAULER
Allied Waste 8661 Rendova Street NE
Circle Pines, MN 55014
Waste Management 10050 Naples Street NE
Blaine, MN 55449
MECHANICAL
Air Express, Inc. P.O. Box 490400
Blaine 55449
Damyans Heating and Cooling LLC 2240 Chippewa Road
Medina 55340
Hagen Remodeling & Construction LLC 710 Tanglewood Drive
Shoreview 55126
Ron the Sewer Rat 875 Blue Gentian Road, Suite 900
Eagan 55121
Zahl Petroleum Maintenance 3101 Spring Street NE
Minneapolis 55413
RENTAL
INITIAL (TYPE IV – six-month license)
6742 France Avenue N Walter Robinson
5937 Colfax Avenue N Samuel Simpson Barker
INITIAL (TYPE III – one-year license)
7013 Grimes Avenue N Luxisuites, LLC
6/10/24 -3- DRAFT
INITIAL (TYPE II – two-year license)
1701 Irving Lane N James R Richter
5506 Irving Avenue N Larwuo Harris Killen
RENEWAL (TYPE IV – six-month license)
1425 55th Avenue N Trung C Duong
6710 Orchard Lane Marvin Gardens Townhomes
1605 56th Avenue N Fyr Sfr Borrower Llc
2118 Ericon Drive Marco Panora
3301 Lawrence Road MNhomes2go LLC
5218 Paul Drive Sj & Olas Properties Llc
5301 Dupont Avenue N Wright Team Properties LLC
5524 Humboldt Avenue N Maria Figueroa
6012 York Avenue N MNhomes2go LLC
6324 Scott Avenue N Sayndee Sando
6413 June Avenue N Cel Monton LLC
6718 Quail Avenue N I A Hassan & A M Ali
6918 Grimes Avenue N Olakunle F Ojo
7207 France Avenue N P Kibaara & J Kibaara
7243 Riverdale Road Ih2 Property Illinois Lp
RENEWAL (TYPE III – one-year license)
7200 Noble Avenue N FLORENCE & DEDRICK SIMMS
RENEWAL (TYPE II – two-year license)
5408 Girard Avenue N Jan Michaele Gardner
5200 Drew Avenue N Mlmjr Properties & Investm
5306 Penn Avenue N Sweet Home Llc
6/10/24 -4- DRAFT
5600 Judy Lane B D Morlock & N D Morlock
6536 Chowen Avenue N BRIDGE SFR IV BORROWER I
RENEWAL (TYPE I – three-year license)
6201 Lilac Drive N Lanel Crossings Ltd Ptnrshp
5331 70th Circle Boukary Kabore
6c. AMENDING THE 2024 CITY COUNCIL MEETING SCHEDULE
6d. RESOLUTION NO. 2024-65, ACCEPTING BID AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NO. 2023-10, I694/DUPONT
AVE WATER MAIN CROSSING REPLACEMENT PROJECT
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PFAS AND BROOKLYN CENTER DRINKING WATER
City Manager Dr. Reggie Edwards introduced the item and invited Public Works Director
Elizabeth Heyman to continue the Staff presentation.
Ms. Heyman explained that Per-/Poly-fluoroalkyl Substances (PFAS) is a set of manmade
chemicals with over 14,000 formulas. Therefore, there is a need to treat them as a group rather
than individual compounds like lead or manganese. PFAS can be both water and oil-resistant.
They are very hard to break down as they can handle temperatures of about 1,000 degrees Celsius.
Per-/Poly-fluoroalkyl Substances.
Ms. Heyman stated in April 2024, the Environmental Protection Agency (EPA) set new regulations
for PFAS. Brooklyn Center drinking water meets all current Federal standards for PFAS in
drinking water. PFAS is a nation-wide issue.
Ms. Heyman stated PFAS can be found in firefighting foam, waterproof apparel, takeout
containers, cleaning products, carpets and textiles, nonstick cookware, and stain- and water-
resistant treatments. Therefore, PFAS can be found in water, wastewater, biosolids, waste streams,
and the air.
Ms. Heyman pointed out PFAS has been linked to high cholesterol, reproductive issues, cancer,
liver damage, and low birth weight. Acute Toxicology causes health effects from short-term or
single exposures. It is more often linked to high concentrations. For example, dimethylmercury
has been found to result in neurological damage and death. Chronic Toxicology has more long-
term effects for repeated, frequent exposures. For example, cigarette smoke can result in cance r
or heart disease.
6/10/24 -5- DRAFT
Dr. Megan Brockman, Consultant from Bolton-Menk, stated the EPA has a Maximum
Contaminant Limit (MCL) of four nanograms per liter for PFOS and PFOA, which are two specific
PFAS. Also, there is a Health Index (HI) of 1.0. The HI is a calculation accounting for all types
of PFAS. The HI gets worse when more PFAS are compounded on one another. She showed a
table with an example of the calculation using various proportions of PFAS. If HI is above 1.0,
there needs to be action taken.
Dr. Brockman stated the Water Treatment Plant doesn’t include PFAS removal technology.
Nonetheless, the water in Brooklyn Center meets all EPA standards. She showed a chart depicting
the EPA HI, PFOS, and PFOA in comparison with their limits for Water Treatment Plant #1.
Dr. Brockman added there has been testing at wells three through ten. Four wells have measures
above MCL. However, it doesn’t mean residents received the water. She added Well 7 has a
failing well casing.
Ms. Heyman pointed out the recommended response is continued testing, searching for funding
opportunities, and keeping PFAS treatment as an option in future planning. The City is engaged
with the 3M/DuPont lawsuit, and Staff is prioritizing transparent information sharing.
Ms. Heyman added the 3M/DuPont lawsuit includes all water systems in the United States. A
settlement was reached with 3M and DuPont to pay for PFAS treatment for impacted communities.
Funds are dispensed based on PFAS concentrations and water use. Brooklyn Center is working
with Lockridge, Grindal, and Nauen P.L.L.P. There is an estimate for Brooklyn Center to receive
a pay-out of low six figures from one organization and potentially seven figures from the other.
The money would be repaid over a 13-year time period. As of right now, there isn’t a timeline for
when payouts will begin.
Councilmember Lawrence-Anderson asked if one tower was shut down. Ms. Heyman stated Staff
found Well 7 had a failed casing in early 2023. The City is still drawing water from Well 7, but
they are working on plans for Well 11 to offset issues with Well 7. They are looking for a location
with the lowest PFAS impacts.
Councilmember Kragness asked if there is a way to be more consistent with the testing. Dr.
Brockman explained she briefly summarized the collection and testing process, but there are more
details that go into the process to increase accuracy. They have found a lab with more precise
calculations.
Councilmember Kragness stated they shouldn’t see an increase. Dr. Brockman stated there isn’t a
current increase. There is potential for a small increase due to the direction of the river flow. The
quarterly sampling is often enough to see any overarching changes but still infrequent enough to
avoid discrepancies and outliers. The calculations include a rolling average using quarterly
measurements.
Councilmember Kragness asked where is the nearest well outside of Brooklyn Center with high
PFAS. Dr. Brockman asked for data on surrounding areas. Brooklyn Park’s samples were slightly
higher than Brooklyn Center’s samples. There is limited data, and the aquifer has not been tested.
6/10/24 -6- DRAFT
Councilmember Kragness asked if sampling is required. Dr. Brockman stated the MCL will
require routine sampling, and there is a three-year period to become compliant. Brooklyn Center
is already compliant.
Councilmember Jerzak asked if there is research being done for disposal. Dr. Brockman stated
she hasn’t seen any promising research lately. Some technology is making progress, but it is not
for areas as large as Brooklyn Center. Success in a laboratory doesn’t necessarily translate to
success in application.
Mayor Graves asked if it is typical for there to be few samples from aquifers. Dr. Brockman
explained initial resources and efforts went toward areas near 3M. There is a lack of funding for
testing, and the specific tests are expensive.
Councilmember Jerzak moved and Councilmember Kragness seconded to accept the presentation.
Motion passed unanimously.
7b. RESOLUTION RECOGNIZING AND HONORING OFFICER MELONEY
KNIGHT FOR OVER 30 YEARS OF DEDICATED SERVICE TO THE CITY OF
BROOKLYN CENTER
Mayor Graves read in full a Resolution recognizing Officer Meloney Knight for over 30 years of
dedicated service to the City of Brooklyn Center.
Councilmember Jerzak moved and Councilmember Kragness seconded to adopt RESOLUTION
NO. 2024-66, a resolution recognizing and honoring Officer Meloney Knight for over 30 years of
Dedicated Service to the City of Brooklyn Center.
Motion passed unanimously.
Staff confirmed Officer Knight would receive a copy of the Resolution.
8. PUBLIC HEARINGS
9. PLANNING COMMISSION ITEMS
9a. 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 - SECOND READING
City Manager Reggie Edwards introduced the item and invited Planning Manager Ginny McIntosh
to continue the Staff presentation.
6/10/24 -7- DRAFT
City Planner Ginny McIntosh explained Independent School District #286, 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. 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.
Ms. McIntosh noted due to the nature of the request, a public hearing notice was published in the
Brooklyn Center Sun Post on April 25, 2024. Mail notifications were sent to those property owners
and residents located within 350 feet of the Subject Property per the direction of the City Attorney.
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.
Ms. McIntosh stated per Section 35-71301, 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.
Ms. McIntosh stated in Planning Commission Application No. 2022-002, the intent at that time
was to house an Early Learning Center at this location, as well as a community service center,
wellness, center, and elder’s room. In facilitating the 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. The acquisition was intended to consolidate district offices and childcare
services into one location.
Ms. McIntosh pointed out 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.
Ms. McIntosh stated 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 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.
Ms. McIntosh explained 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
6/10/24 -8- DRAFT
secondary schools offering a regular course of study” as a conditional use within the City’s Transit
Oriented Development (TOD).
Ms. McIntosh added City Staff engaged with the City Attorney initially to determine whether or
not “preschools” could be interpreted as “licensed daycare facilities (13 or more persons)” as
Centaur Beginnings Child Care was issued a special use permit from the City in 2014 and had
operated continuously from the 5910 building.
Ms. McIntosh stated 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.
Ms. McIntosh explained 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,
and circumstances of the proposed amendment, and make a recommendation and decision on the
amendment based on, but not limited to, consideration of certain criteria and policies. The criteria
include whether there is a clear and public need or benefit, whether the proposed amendment is
consistent with and compatible with surrounding land use classifications, whether all permitted
uses in the proposed zoning district can be contemplated for development of the subject property,
whether there have been substantial physical or zoning classification changes in the area since the
subject property was zoned, whether there is an evident, broad public purpose in the case of City-
initiated rezoning proposals, whether the subject property will bear fully the UDO development
restrictions for the proposed zoning districts, whether the subject property is generally unsuited for
uses permitted in the present zoning district, with respect to size, configuration, topography, or
location, whether the rezoning will result in the expansion of a zoning district, whether the proposal
demonstrates merit beyond the interests of an owner or owners of an individual parcel, the specific
policies and recommendations of the Comprehensive Plan and other City plans, the purpose and
intent of the UDO, and the adequacy to buffer or transition between potentially incompatible
districts.
Ms. McIntosh stated 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
one-quarter mile of the planned station stops and a vision that these areas create a vibrant,
accessible, and diverse land use pattern.
Ms. McIntosh added 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
6/10/24 -9- DRAFT
minimum of 75 percent 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.
Ms. McIntosh explained 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 percent 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).
Ms. McIntosh noted although the 2040 Comprehensive Plan noted a median age of residents as
32.8, 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 identify approximately 9 percent of
Brooklyn Center’s population as being under 5 years of age, and approximately 29.3 percent of
the City’s population as being under 18 years of age. In the state of Minnesota, and per ACS
estimates, approximately 5.7 percent of the state’s population is under five years of age, and
approximately 22.5 percent of the state’s population is under 18 years of age.
Ms. McIntosh stated 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 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 discourage land uses and development patterns that could decrease
walkability or interfere with the future growth of transit-oriented development and transit
ridership. 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.
Ms. McIntosh pointed out that 23 properties are currently zoned TOD. Nine of those properties
are location with the City’s Opportunity Site, five of which are owned by the EDA.
Ms. McIntosh noted uses currently allowed within the City’s Transit-Oriented Development
District are similar to “public and private elementary and secondary schools offering a regular
course of study,” and targeting similar demographics, including community centers, libraries and
6/10/24 -10- DRAFT
art galleries, nonresidential educational uses including Area Learning Centers (ALC), post-
secondary schools, business schools, trade schools and the like, and licensed daycare facilities (13
or more persons).
Ms. McIntosh stated those properties located outside the Opportunity Site, all of these properties
are currently being 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 of 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 the Transit Center,
Gateway Commons, Sonder House, Sonder Point, and Cub Foods.
Ms. McIntosh stated constraints within the use are due to building and fire code restrictions on
how many stories up an educational use can be, fire systems, exiting, and the like. There are
limited locations in which schools are able to serve students in the City’s TOD district.
Ms. McIntosh pointed out that a public hearing was held at the May 9, 2024, Planning Commission
meeting. Commissioners in attendance were supportive of the requested ordinance amendment.
No public comments were provided in advance of or at the public hearing. The Commission
inquired on whether there were any buildings located within the City's designated TOD District
that would be conducive to re-using for a school use. The Commission later indicated that given
the City's demographics and increasingly younger population, there is almost a paramount
importance to providing educational opportunities to the City's young residents and ensuring
young families stay here.
Ms. McIntosh stated an additional comment presented was that there was a general surprise that
we as a City did not catch this during conversations on the 2040 Comprehensive Plan or the Unified
Development Ordinance update, but that if the City intends to have a large amount of our
population concentrated within the TOD District, as it is the City's most dense district, that a
provision for schools was almost necessary. General questions were presented on other uses
currently within the 5910 Shingle Creek Parkway building, which is the Applicant's property.
Ms. McIntosh noted at the close of the public hearing, the Planning Commission elected to
unanimously (4-0) recommend City Council approval of the requested ordinance amendment to
Section 35-4103 (Allowed Use Table) 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) District. A first reading of the requested ordinance amendment to Section
35-4103 was presented as a consent item at the City Council meeting on May 28, 2024. Said item
was approved by Council on a 5-0 vote.
Councilmember Jerzak moved and Mayor Graves seconded to approve a Second Reading
regarding the adoption of an ordinance amending Section 35-4103 (Allowed Use Table) of the
City Code of Ordinances, as outlined under Planning Commission Application No. 2024-008, to
allow for Public and Private Elementary and Secondary Schools Offe ring a Regular Course of
6/10/24 -11 - DRAFT
Study in the Transit Oriented Development (TOD) zoning district, and publish the adopted
ordinance in the Brooklyn Center Sun Post.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. READING OF EXECUTIVE PERFORMANCE EVALUATION
Mayor Graves read a summary of the Executive Performance Evaluation. She explained the
process for the evaluation and involvement of various Councilmembers. The Council
acknowledged the need to better define goals for the City Manager.
11. COUNCIL REPORT
Mayor Graves reminded the Council she would be out of town to attend a National League of
Cities.
12. ADJOURNMENT
Councilmember Lawrence-Anderson moved and Councilmember Butler seconded adjournment of
the City Council meeting at 7:55 p.m.
Motion passed unanimously.
6/10/24 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
JUNE 10, 2024
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session
called to order by Mayor/President April Graves at 7:55 p.m.
ROLL CALL
Mayor/President April Graves and Councilmembers/Commissioners Marquita Butler, Kris
Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager
Reggie Edwards, and City Clerk Barb Suciu.
CENTERBROOK GOLF COURSE SELL OF THC
City Manager Reggie Edwards explained 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.
The majority consensus of the City Council/EDA was to support the sale of THC beverages at the
golf course.
PENDING LIST FOR FUTURE ACTION ITEMS
UPCOMING ITEMS
Memorial Policy
Special Assessment Policy/Franchise Fees (referred to Financial Commission)
Emerald Ash Borer Policy Review (referred to Park & Rec Commission November)
Opioid Settlement - 6/24
ARPA Funds
Grants: Revenues & Expenses
Purchasing Policy
Revisit Resolution 2021-73
6/10/24 -2- DRAFT
Planning Application Process
ADJOURNMENT
The City Council/Economic Development Authority Work Session adjourned at 8:24 p.m.
6/10/24 -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
JUNE 10, 2024
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Worksession called to order by Mayor April Graves at
6:04 p.m.
ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak,
and Teneshia Kragness. Also present were City Manager Reggie Edwards, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar.
MISCELLANEOUS
COUNCIL MISCELLANEOUS DISCUSSION ITEMS
Mayor Graves confirmed she had received input from the Councilmembers regarding potential
appointments to various Commissions. She stated she would make her final recommendations at
an upcoming meeting.
Councilmember Lawrence-Anderson noted the Friday updated email indicated a Sister City
activation, but they already had one in place. City Manager Edwards clarified that staff is
reactivating the Sister City Commission.
Councilmember Lawrence-Anderson added a constituent contacted her regarding disturbances
from door-to-door salespeople. She requested a conversation on licensing requirements for
solicitors. Councilmember Jerzak stated he received the same call. Staff already responded to the
individual. Councilmember Lawrence-Anderson stated she did not receive a response from staff.
Councilmember Jerzak stated it is difficult to implement code enforcement because various
services require approaching someone’s front door. There is a vague ordinance, but residents can
call 911 with any concerns.
Councilmember Kragness asked if the individual could post a no-solicitor sign on their door.
Councilmember Lawrence-Anderson pointed out she already recommended the suggestion to the
individual.
6/10/24 -2- DRAFT
City Manager Reggie Edwards noted he would include all Councilmembers in emails responding
to residents’ concerns.
RESOLUTION 2021-73
Mayor Graves explained Resolution 2021-73 is the Duante Wright and Kobe Dimock-Heisler
Community Safety and Violence Prevention Act. The document has a few minor amendments.
Dr. Edwards stated the first section had a change minor word change. The other three sections
require language changes to create a policy rather than a prescriptive document. For example, the
city didn’t have the capacity to create departments as prescribed by the resolution. The three
departments were a Community Response Department, a Traffic Enforcement Department, and a
Department of Community Safety and Violence Prevention. The Community Response
Department is now a unit of government that includes expanded response programs. The
enforcement of non-moving traffic violations and violence prevention efforts are additional
government units.
Dr. Edwards added in the second section there was an intent to build out a 911 system, but the city
does not have the capacity to do that. Therefore, that portion would need to be removed from the
resolution.
Dr. Edwards stated as for the third section; there has been more of a focus on alternative responses
rather than traffic stops. He pointed out that Community Service Officers (CSOs) are civilians that
provide some traffic response. Staff previously looked into an option to contract for civilian traffic
enforcement. Unfortunately, there were not any interested parties.
Dr. Edwards noted there is the Office of Community Prevention, Health, and Safety which
represents the spirit of the fourth section of the Resolution. The Office oversees the alternative
response programs. The last sentence of the fourth section was eliminated in an effort to eliminate
a hierarchical structure. As an alternative, there was language added to promote collaboration.
Councilmember Kragness pointed out that the term “create” is used often in the resolution. A
different term should be implemented so that the city can leverage its existing resources. For
example, the alternative response programs are contracted rather than creating a new Department.
Additionally, there are already CSOs acting as civilian responders. She added she would like to
see a new hierarchical chart to reflect the changes made to the fourth section.
Councilmember Lawrence-Anderson stated she thought the first pilot program would be housed
under the Police Department rather than the Office of Community Prevention, Health, and Safety.
Dr. Edwards stated one pilot program has two teams. The Office of Community Prevention, Health,
and Safety oversees the programming of alternative responses. The Hennepin County program will
be housed in the Police Department, but the Office of Community Prevention, Health, and Safety
is ultimately accountable for the pilots.
6/10/24 -3- DRAFT
Councilmember Lawrence-Anderson asked if Director of Community Prevention, Health and
Safety LaToya Turk has the property experience as referenced in the fourth section. Dr. Edwards
stated Ms. Turk has a variety of relevant skills. Many directors oversee efforts in which they don’t
have experience, but the city has staff and contractors representing all of the necessary skills.
Councilmember Lawrence-Anderson stated she has concerns about running multiple pilot
programs. When the resolution was passed, the city didn’t have the financial capacity to support
the initiatives. She asked how the city would fund the programs when the grants run out.
Dr. Edwards pointed out staff has been looking forward and building capacity to sustain the
programming. For example, the staff initially applied for grant funds to kick off the programs. In
the long run, there will not be two different programs. The city hopes to learn from the pilot efforts
and implement one permanent program. Having only one already established program will be
much more affordable than starting up two programs. The budgets have also included setting aside
funds to afford future programs.
Mayor Graves added grants are regularly used at higher levels of government. Staff knows how to
utilize and apply for grant funding. Similarly, they know how to plan long-term budgets.
Councilmember Lawrence-Anderson noted she supports an alternative response but is more
supportive of the Hennepin County model than the Canopy one.
Councilmember Kragness asked what the Police Chief’s opinion is regarding traffic response being
housed under another governmental unit. The CSOs are doing the service and would traditionally
be under the direction of the Police Department.
Dr. Edwards stated the resolution's intent was not to use CSOs for traffic enforcement when the
resolution was written. Any updates to the resolution have been an effort to maintain the spirit of
the resolution while making it implementable. At this time, the staff doesn’t know what the end
model will be for non-moving traffic violation enforcement. It could be CSOs or it could be other
personnel.
Councilmember Kragness stated the resolution was written initially with the thought of a blank
checkbook. Brooklyn Center needs to consider what financial capacity it has to implement
programs. The Council needs to take the opportunity to change the resolution to accommodate
what is feasible. For example, if CSOs are used for non-moving traffic violation enforcement, they
should still be supervised by the Police Department as they already have the capacity for their
supervision. There have been previous conversations about adding more CSOs as well. She added
that the Police Chief should weigh in on this as well.
Dr. Edwards stated the options haven’t been vetted, but the staff intends to look into more options.
Mayor Graves pointed out the Implementation Committee knew the city didn’t have the means to
create new departments. They presented recommendations based on research that were within the
6/10/24 -4- DRAFT
means of the city’s existing capacity.
Councilmember Kragness noted that the recommendations from the Implementation Committee
had already been voted down. The Council needs to talk about what it can do instead.
Mayor Graves asked if there should be language added to the resolution to further research options.
Dr. Edwards stated “create” doesn’t always mean making something new. Staff hopes to find ways
to create that may be within staff’s current capacity or by suggesting a new effort. Ultimately, any
suggestions from staff would be within the financial means of the city.
Councilmember Butler pointed out she feels frustrated that the Council lacks innovation or taking
risks. Councilmembers are requesting input from the Police Department, or that programming be
done with law enforcement oversight. The entire point of the resolution is to try something
different. The current system is not working. Discussing the resolution doesn’t make any sense if
the majority of the Council is going to keep supporting the norm. Any initiatives should be a
partnership with the Police Department, and it should have been that way from the beginning.
Councilmember Butler added Canopy is more qualified than the Hennepin County program for
alternative response programs. The skills of the Canopy personnel include mental health response
and crisis intervention, which is a better fit for Brooklyn Center. Overall, the Council’s approach
to the topic is disappointing.
Councilmember Butler noted her appreciation for the new Police Chief and the impact he will
make. Training regarding unconscious bias is not effective, and the city cannot rely on those
trainings to make a change in the community.
Councilmember Jerzak stated he understands the spirit and intent of the resolution. He pointed out
two Councilmembers were absent during a recent vote which resulted in a motion failing.
Referring to the second section of the Resolution, clarity is important to implement any impactful
programs. It is important to include the Police Chief and his staff in those conversations. As learned
from the Implementation Committee, there should have been more people involved in the process
from the beginning.
Mayor Graves asked how Councilmember Jerzak would like the Police Chief to be involved.
Councilmember Jerzak noted the second section calls for an expanded response for residents. That
wouldn’t include folks passing through the community or using public transportation or those that
may be unhoused. There also isn’t any consideration for police officers responding to medical
calls. Also, there will be confusion of availability because the alternative response is not all day,
every day. The Police Department has had an embedded social worker doing similar work, and
they need to be included in the response. He expressed agreement with Councilmember Kragness.
Mayor Graves asked if Councilmember Jerzak wants more feedback on the expanded response
from staff on items that have already been adopted or if he wants more clarity on the proposed
6/10/24 -5- DRAFT
amendments to the resolution. Councilmember Jerzak stated he wants definition clarity including
the departments to be clear on what their roles are based on the resolution.
Mayor Graves asked what needs to be clarified besides the term “resident” in the resolution. Could
you provide other items for clarity purposes.
Councilmember Jerzak stated under section 2, the resolution calls for unarmed expanded response
of a government unit to respond to all incidents where a city resident is primarily seeking a medical,
mental health situation that often police are the first responder and carry a weapon. Does this mean
they are not able to respond to medicals? Section 3 for purposes of clarity, CSOs currently attend
to non-moving issues for things such as illegal parking, snow emergency violations. Please define
what nonmoving means? For traffic related items, we previously voted against this and any
reference to traffic items should not be in the revised resolution. Additional questions are what will
CSOs be doing; Will there be duplication; and do we have the financial bandwidth for this.
Councilmember Lawrence-Anderson asked if it is legal for the city to pass a resolution that creates
an alternative response for traffic violation enforcement by non-sworn people. She asked what
Statutory requirements there are for those who provide traffic stops.
Dr. Edwards stated the traffic enforcement effort is for non-moving vehicles. Other jurisdictions
in Minnesota have civilian community representatives that address issues with parked cars.
City Attorney Siobhan Tolar added the way the city uses the program needs to be flushed out more.
For example, whether the citations are criminal or civil, there are different requirements for who
may issue them.
Councilmember Jerzak noted his support for diversity of responses for prevention. There is already
a County-funded program that focuses on crime prevention. He asked if that person would be
eliminated or if that person would be duplicated. The effort needs to be efficient.
Dr. Edwards stated the program mentioned by Councilmember Jerzak is more focused on
intervention than prevention. For example, the position supports Community Watch efforts. There
is a great need for collaboration moving forward. Councilmember Jerzak pointed out that very
little of his job included Community Watch groups.
Councilmember Jerzak added it would have been helpful for the supervisors for the discussion
topic be present for the Council to ask them questions. For example, the Council wants to know
how street outreach is working. The Council hasn’t received any such updates.
Councilmember Kragness reiterated the importance of repurposing resources instead of creating
new ones and raising the levy. As the budget season is coming up, the Council needs to be mindful
of what the community can afford.
Mayor Graves summarized there is a lot of uncertainty amongst the Council. There needs to be
6/10/24 -6- DRAFT
language changes and more clarity of roles, though it doesn’t need to be in the resolution itself.
Furthermore, the attorney needs to look into some relevant laws to guide the decision process.
Potential funding resources and the interaction of various responses need to be reviewed as well.
Mayor Graves pointed out that Councilmembers have updated and edited Code of Conduct drafts
for both the Council and Commissions. She requested that the council members review the
documents and send her any edits. The hope is to pass the policies at the next meeting.
Councilmember Lawrence-Anderson requested the item be a Council Consideration item.
Councilmember Jerzak noted his agreement with Councilmember Lawrence-Anderson. He added
he is still concerned about discussing individuals in public meetings. Ultimately, he doesn’t want
to stop the process. He has tried to meet with Dr. Edwards but has not received a response.
Mayor Graves explained she doesn’t want to drag out the process. It is important to promote
accountability.
CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS
Dr. Edwards asked if Councilmembers are available for a scheduled Council Retreat on June 29,
2024. Councilmember Lawrence-Anderson stated she is at the League of Minnesota Cities
meeting.
Mayor Graves stated the Retreat should be canceled since two or three Council members will not
be able to attend. Dr. Edwards stated he would bring additional dates back to the Council.
ADJOURNMENT
Councilmember Jerzak moved and Councilmember Lawrence-Anderson seconded to close the
Study Session at 7:00 p.m.
Motion passed unanimously.
C ouncil R egular M eeng
DAT E:6/24/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Barb S uciu, A ssistant City Manager/C ity C lerk
BY:S hannon Pe,t, D eputy C ity C lerk
S U B J E C T:A pproval of Licens es
Requested Council A con:
- Moon to approve the licenses as presented.
B ackground:
The following bus inesses /persons have applied for C ity licens es as noted. Each bus iness/pers on has fulfilled
the requirements of the City O rdinance governing res pec5ve licenses , submi6ed appropriate applica5ons,
and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the City
Code of O rdinances, unless comments are noted below the property address on the a6ached rental report.
M echanical
A dmiral Radon M echanical S ervices L L C
13816 Utah Ave, S avage 55378
A ir C omfort H tg & A /C
19170 Jas per S t. N W, A noka 55303
Eagle Ridge P lumbing L L C
E7899 102th Ave, Colfax, W I 54730
Residen5al H ea5ng and A ir, I nc.
7454 Was hington S ., Eden P rairie 55344
Ty ’s H ea5ng and A /C L L C
12689 Z illa S t N W, C oon Rapids 55448
I ntoxicang L iquor
H ip S ing B B Q & S eafood
3419 H ighlands Rd.
S unday S ales
H ip S ing B B Q & S eafood
3419 H ighlands Rd.
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 escrip5on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rentals 6/17/2024 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 Licnese
Type**
Previous
License
Type***
Consecutive
Type IV's
3001-3007 51st Ave N Two Family Initial Xue Yang
2 Type I N/A Type II N/A N/A
2820 67th La N Single Initial Danmark Properties Llc
2 Type I N/A Type II N/A N/A
5906 Halifax Ave N Single Initial OLUBUNMI A AGUNBIADE
1 Type I N/A Type II N/A N/A
5930 Pearson Dr Single Initial Elvis Osagie
7 Type III N/A Type III N/A N/A
1200 67th Ave N
Multiple Family
1 Bldg 18 Units Renewal
T H Morrow & R J Morrow
Met Requirements
21 = 1.16 per
unit Type II 0 Type II Type III N/A
5000 France Ave N
Multiple Family
1 Bldg 4 Units Renewal M B & P S Nightingale
4 = 1 per unit Type II 0 Type II Type I N/A
6109 Beard Ave N
Multiple Family
1 Bldg 3 Units Renewal SIMONS REVOCABLE TRUST
11 = 3.6 per
unit Type IV 0 Type IV Type II 0
4207 Lakeside Ave N, #235 Condo Renewal Ammar Abdulrahman
0 Type I 0 Type I Type II N/A
1207 65th Ave N Single Renewal Andy Ung & Leng Taing
1 Type I 0 Type I Type I N/A
1330 67th La N Single Renewal SIBILEV HOLDINGS LLC
2 Type I 0 Type I Type II N/A
1807 70th Ave N Single Renewal Rht Logan Llc
1 Type I 0 Type I Type I N/A
2606 65th Ave N Single Renewal Hpa Ii Borrower 2020-2 Llc
12 Type IV 0 Type IV Type I 0
2806 65th Ave N Single Renewal
A-jelil Abdella & N Said
Met Requirements
1 Type I 0 Type I Type III N/A
5301 France Ave N Single Renewal
Juniper Land Trust Llc
Did not meet requirements
7 Type III 0 Type IV Type IV 4
5510 France Ave N Single Renewal
Iasis I LLC
Met Requirements 14 Type IV 0 Type IV Type III 0
6007 Girard Ave N Single Renewal R&b Management I Llc
40 Type IV 0 Type IV Type IV 3
6331 Indiana Ave N Single Renewal Ih3 Property Minnesota Lp
8 Type III 0 Type III Type II N/A
Rental Licenses for Council Approval 6.24.24
6336 Beard Ave N Single Renewal
Cosco Property I Llc
Met Requirements
2 Type I 0 Type I Type IV N/A
6412 Humboldt Ave N Single Renewal
Tou Yang
Did not meet requirements
0 Type I 0 Type III Type III N/A
6424 Marlin Dr Single Renewal
CJ Bright & QK Fank
Met Requirements
2 Type I 0 Type I Type IV N/A
6500 Willow La N Single Renewal Brett Hildreth
1 Type I 0 Type I Type I N/A
6618 Colfax Ave N Single Renewal
Dhanraj Khemraj
Did not meet requirements
0 Type I 0 Type IV Type IV 3
6737 Camden Ave N Single Renewal Ronald F Jasicki
2 Type I 0 Type I Type II N/A
6749 Humboldt Ave N Single Renewal
Patrick Nguyen
Did not meet requirements 13 Type IV 0 Type IV Type IV 4
6912 Unity Ave N Single Renewal
Geri L Williams
Met Requirements
0 Type I 0 Type I Type IV N/A
7031 Humboldt Ave N Single Renewal Ih3 Property Minnesota Lp
1 Type I 0 Type I Type II N/A
7037 Fremont Ave N Single Renewal
Edwina P Mcgill
Did not meet requirements
2 Type I 0 Type IV Type IV 2
7085 Unity Ave N Single Renewal I-chang Wen & Yanhua Sun
9 Type III 0 Type III Type II N/A
7215 Girard Ave N Single Renewal Rht Girard Llc
4 Type II 0 Type II Type I N/A
*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 month
All properties are current on City utilities and property taxes
C ouncil R egular M eeng
DAT E:6/24/2024
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:Res olu,on Trans ferring Local Board A uthority of A ppeal and Equaliz a,on Pow er and D uty
to H ennepin County ("O pen Book")
Requested Council A con:
- Moon to approve a resoluon transferring local board of authority of appeal and equaliz aon power
and duty to H ennepin C ounty ("Open Book")
B ackground:
The C ity of Brooklyn C enter C ity C ouncil annually as the Board of A ppeal and Equaliza,on. I n this capacity,
the council is tp provide fair and objec,ve forum for property owners to appeal their valua,on or
classifica,on. This is typically held the firs t Monday of A pril w ith a scheduled reconvene on the third
Wednesday of A pril.
This past A pril, the Council had dis cus s ions w ith H ennepin C ounty staff of changing this authoriz a,on to
H ennepin C ounty under the O pen Book process. Under the O pen Book process, valua,ons and
classifica,on issues are handled by the H ennepin County asses s or's staff on a one-on-one basis with the
property ow ner. The mee,ngs are held at over several days during both day and evening hours . This allow s
property ow ners to appeal when it best suits their schedules instead of having to rearrange their s chedules
to a@end a mee,ng held at one place and one ,me.
P roperty owners will find many benefits to the O pen Book proces s including no appointment needed,
verifica,on or correct informa,on about their property, pers onally s chedule a ,me for the asses s or to view
their property, and ques ,ons /concerns
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 6/12/2024 Resolu,on Le@er
M N S tatute 274.01 6/12/2024 Backup M aterial
Commission introduced the following resolution:
RESOLUTION NO. __________
RESOLUTION TRANSERRING LOCAL BOARD AUTHORITY OF APPEAL AND
EQUALIZATION POWER AND DUTY TO HENNEPIN COUNTY
(“OPEN BOOK”)
WHEREAS, Minnesota Statute §274.01 determines a city council has the power and
duty of a board of appeal and equalization for the purpose of reviewing assessment and
valuation of property in the city; and
WHEREAS, Minnesota Statute §274.01, Subd. 3, provides that a city may transfer
its powers and duties of a board of appeal and equalization to the County Board; and
WHEREAS, currently, the City of Brooklyn Center acts as the Brooklyn Center Board of
Appeals and Equalization; and
WHEREAS, the City of Brooklyn Center City Council desire the property valuation to
be more user friendly, less intimidating and more efficient for Brooklyn Center property
owners; and
NOW, THEREFORE, BE IT RESOLVED, that the Brooklyn Center City Council hereby
transfers its authority to the Hennepin County Board indefinitely as provided for in Minnesota
Statute §274.01, Subd. 3.
June 24, 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.
274.01 BOARD OF APPEAL AND EQUALIZATION.
Subdivision 1.Ordinary board; meetings, deadlines, grievances.(a) The town board of a town, or
the council or other governing body of a city, is the local board of appeal and equalization except (1) in
cities whose charters provide for a board of equalization or (2) in any city or town that has transferred its
local board of review power and duties to the county board as provided in subdivision 3. The county assessor
shall fix a day and time when the local board of equalization shall meet in the assessment districts of the
county. Notwithstanding any law or city charter to the contrary, a city board of equalization shall be referred
to as a local board of appeal and equalization. On or before February 15 of each year the assessor shall give
written notice of the time to the city or town clerk. Notwithstanding the provisions of any charter to the
contrary, the meetings must be held between April 1 and May 31 each year. The clerk shall give published
and posted notice of the meeting at least ten days before the date of the meeting.
The board shall meet either at a central location within the county or at the office of the clerk to review
the assessment and classification of property in the town or city. No changes in valuation or classification
which are intended to correct errors in judgment by the county assessor may be made by the county assessor
after the board has adjourned in those cities or towns that hold a local board of review; however, corrections
of errors that are merely clerical in nature or changes that extend homestead treatment to property are
permitted after adjournment until the tax extension date for that assessment year. The changes must be fully
documented and maintained in the assessor's office and must be available for review by any person. A copy
of the changes made during this period in those cities or towns that hold a local board of review must be
sent to the county board no later than December 31 of the assessment year.
(b) The board shall determine whether the taxable property in the town or city has been properly placed
on the list and properly valued by the assessor. If real or personal property has been omitted, the board shall
place it on the list with its market value, and correct the assessment so that each tract or lot of real property,
and each article, parcel, or class of personal property, is entered on the assessment list at its market value.
No assessment of the property of any person may be raised unless the person has been duly notified of the
intent of the board to do so. On application of any person feeling aggrieved, the board shall review the
assessment or classification, or both, and correct it as appears just. The board may not make an individual
market value adjustment or classification change that would benefit the property if the owner or other person
having control over the property has refused the assessor access to inspect the property and the interior of
any buildings or structures as provided in section 273.20. A board member shall not participate in any actions
of the board which result in market value adjustments or classification changes to property owned by the
board member, the spouse, parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister, uncle,
aunt, nephew, or niece of a board member, or property in which a board member has a financial interest.
The relationship may be by blood or marriage.
(c) A local board may reduce assessments upon petition of the taxpayer but the total reductions must
not reduce the aggregate assessment made by the county assessor by more than one percent. If the total
reductions would lower the aggregate assessments made by the county assessor by more than one percent,
none of the adjustments may be made. The assessor shall correct any clerical errors or double assessments
discovered by the board without regard to the one percent limitation.
(d) A local board does not have authority to grant an exemption or to order property removed from the
tax rolls.
(e) A majority of the members may act at the meeting, and adjourn from day to day until they finish
hearing the cases presented. The assessor shall attend and take part in the proceedings, but must not vote.
The county assessor, or an assistant delegated by the county assessor shall attend the meetings. The board
Official Publication of the State of Minnesota
Revisor of Statutes
274.01MINNESOTA STATUTES 20231
shall list separately all omitted property added to the list by the board and all items of property increased or
decreased, with the market value of each item of property, added or changed by the board. The county
assessor shall enter all changes made by the board.
(f) Except as provided in subdivision 3, if a person fails to appear in person, by counsel, or by written
communication before the board after being duly notified of the board's intent to raise the assessment of the
property, or if a person feeling aggrieved by an assessment or classification fails to apply for a review of
the assessment or classification, the person may not appear before the county board of appeal and equalization
for a review. This paragraph does not apply if an assessment was made after the local board meeting, as
provided in section 273.01, or if the person can establish not having received notice of market value at least
five days before the local board meeting.
(g) The local board must complete its work and adjourn within 20 days from the time of convening
stated in the notice of the clerk, unless a longer period is approved by the commissioner of revenue. No
action taken after that date is valid. All complaints about an assessment or classification made after the
meeting of the board must be heard and determined by the county board of equalization. A nonresident may,
at any time, before the meeting of the board file written objections to an assessment or classification with
the county assessor. The objections must be presented to the board at its meeting by the county assessor for
its consideration.
Subd. 2.Special board; duties delegated.The governing body of a city may appoint a special board
of review. The city may delegate to the special board of review all of the powers and duties in subdivision
1. The special board of review shall serve at the direction and discretion of the appointing body, subject to
the restrictions imposed by law. The appointing body shall determine the number of members of the board,
the compensation and expenses to be paid, and the term of office of each member. At least one member of
the special board of review must be an appraiser, real estate broker, or other person familiar with property
valuations in the assessment district.
Subd. 3.Local board duties transferred to county.The town board of any town or the governing body
of any home rule charter or statutory city may transfer its powers and duties under subdivision 1 to the
county board, and no longer perform the function of a local board. Before the town board or the governing
body of a city transfers the powers and duties to the county board, the town board or city's governing body
shall give public notice of the meeting at which the proposal for transfer is to be considered. The public
notice shall follow the procedure contained in section 13D.04, subdivision 2. A transfer of duties as permitted
under this subdivision must be communicated to the county assessor, in writing, before December 1 of any
year to be effective for the following year's assessment. This transfer of duties to the county may either be
permanent or for a specified number of years, provided that the transfer cannot be for less than three years.
Its length must be stated in writing. A town or city may renew its option to transfer. The option to transfer
duties under this subdivision is only available to a town or city whose assessment is done by the county.
History: (2034) RL s 847; 1941 c 402 s 1; 1945 c 402 s 1; 1949 c 543 s 1; Ex1967 c 32 art 8 s 3; 1971
c 434 s 3; 1971 c 564 s 6; 1973 c 123 art 5 s 7; 1973 c 150 s 1; 1973 c 582 s 3; 1975 c 339 s 5; 1977 c 434
s 11; 1986 c 444; 1987 c 229 art 4 s 1; 1987 c 268 art 7 s 37; 1988 c 719 art 7 s 8; 1990 c 480 art 7 s 14;
1995 c 264 art 3 s 13; 1997 c 231 art 2 s 23; 1998 c 254 art 1 s 77; 1999 c 243 art 5 s 25; 1Sp2001 c 5 art
7 s 21; 2003 c 127 art 5 s 22; 1Sp2005 c 3 art 1 s 18; 2008 c 154 art 13 s 35; 2014 c 308 art 9 s 32,33; art
10 s 9; 2017 c 40 art 1 s 121; 1Sp2017 c 1 art 15 s 25
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2023274.01
Council R egular Meeng
DATE:6/24/2024
TO :City Council
F R O M:D r. Reggie Edwards , City Manager
T H R O U G H :N/A
BY:Jes s e Anders on, C ommunity D evelopment D irector
S U B J E C T:Res olu-on A ccep-ng Bid and Aw arding a C ontract to H os ier Worldwide, I nc, for D emoli-on and S ite Work at
61 00 S hingle Creek P kwy (Former Target S ite)
Requested Council A con:
- Moon to approve a r esoluon accepng the low est responsible bid and aw arding a contract to H osier Worldwide, Inc, for
D emolion and S ite Work at 6100 S hingle C reek P kw y.
B ackground:
Bids for the project were received and opened on June 13, 2024. The bidding results are tabulated below:
O f the eight (8) bids received, the lowes t total bid of $491,6 91.00 was submi=ed by H osier Worldwide, I nc has the experience,
equipment and capacity to qualify as the lowes t responsible bidder for the project. The low bid unit prices has been rev iewed and
compared them to the other bids and have found them to be res pons ive and not materially unbalanced.
L as tly, staff is reviewing op-ons for temporary w atering of the s eed to make sure the yard cover is property established.
B udget I ssue s:
The property is ins ured at $646,000. There w ere some ini-al cost associated w ith the clean up and s ecuring of the roof. Therefore, the
full cost of the project is an-cipated to be covered fully by the ins urance.
Inclusive Community Engagement:
S taff hav e con-nued to engage w ith A C E R, the owner of the strip mall regarding the proj ect..
A nracist/Equity Policy Effe ct:
S trategic Priorie s and Values:
Maintain a strong financial posi-on, S trengthen and divers ify busines s development and hous ing
ATTA C H M E N T S:
D es crip-on Upload D ate Type
Res olu-on 6/13/2 024 Resolu-on L e=er
Aw ard Memo 6/13/2 024 Backup M aterial
Bid Cost Breakdow n 6/13/2 024 Backup M aterial
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION TO APPROVE A RESOLUTION ACCEPTING THE LOWEST
RESPONSIBLE BID AND AWARDING A CONTRACT TO HOSIER
WORLDWIDE, INC FOR DEMOLISION AND SITEWORK AT 6100 SHINGLE
CREEK PKWY
WHEREAS, pursuant to an advertisement for bids Demolition and Site Work at
6100 Shingle Creek Pkwy, bids were received, opened and tabulated on the 13th day of June,
2024. Said bids were as follows:
CONTRACTOR TOTAL BID CONTRACTOR TOTAL BID
Hosier Worldwide, Inc. Base
Bid Alternate Bid
$422,642.00
$69,049.00
Carl Bolander & Sons Base Bid
Alternate Bid
$772,453.00
$41,995.00
Frattalone Companies Base
Bid Alternate Bid
$496,990.00
$105,740.00
Landwehr Construction, Inc. Base
Bid Alternate Bid
$796,850.00
$183,700.00
Veit & Company, Inc. Base
Bid Alternate Bid
$532,696.00
$163,060.00
Meyer Contracting Inc. Base Bid
Alternate Bid
$1,192,000.00
$130,000.00
Kevitt Excavating Base Bid
Alternate Bid
$695,000.00
$158,250.00
Urban Companies Base Bid
Alternate Bid
$1,240,000.00
$110,000.00
WHEREAS, the city’s consultant, Bolton and Menk, recommends that the contract
be awarded based on the base bid and Alternate bid;
WHEREAS, it appears that Hosier Worldwide, Inc. 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 Hosier Worldwide, Inc. in the name of the City of
Brooklyn Center, for Demolition and Site Work at 6100 Shingle Creek
Pkwy, according to the plans and specifications therefore approved by the
City Council and on file in the office of the City Engineer.
RESOLUTION NO. _______________
2. The estimated project costs and revenues are as follows:
COSTS Estimate
Base Bid $422,642.00
Alternate (Top Soil and seed) $69,049.00
Total Estimated Project Cost $491,691.00
June 24, 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.
M E M O R A N D U M
Date: June 13, 2024
To: Jesse Anderson, Community Development Director
From: Kevin Kielb, P.E., Principal Engineer
Subject: Bid Results and Recommendation
Target Site Demolition
Eight bids were received for The Target Site Demolition. The bids were publicly read aloud at 10:00
A.M. on June 13, 2024. The bids were then reviewed, tabulated and the results are summarized below:
We have reviewed the low bid unit prices and compared them to the other bids received and have found
them to be responsive and not materially unbalanced.
If the City of Brooklyn Center decides to award the project to the low bidder, we recommend awarding
the contract to Hosier Worldwide, Inc. in the amount of $422,642.00. If the City elects to proceed with
the turf establishment bid alternate, we recommend awarding the contract to Hosier Worldwide, Inc. in
the amount of $478,672.00
If you have any questions, please contact me at (651) 968-7760.
CONTRACTOR TOTAL BID CONTRACTOR TOTAL BID
Hosier Worldwide, Inc. Base Bid $422,642.00
Carl Bolander & Sons Base Bid $772,453.00
Alternate Bid $69,049.00
Alternate Bid $41,995.00
Frattalone Companies Base Bid $496,990.00
Landwehr Construction, Inc. Base Bid $796,850.00
Alternate Bid $105,740.00
Alternate Bid $183,700.00
Veit & Company, Inc. Base Bid $532,696.00
Meyer Contracting Inc. Base Bid $1,192,000.00
Alternate Bid $163,060.00
Alternate Bid $130,000.00
Kevitt Excavating Base Bid $695,000.00
Urban Companies Base Bid $1,240,000.00
Alternate Bid $158,250.00
Alternate Bid $110,000.00
Brooklyn Center, City of<BR>Target Site Demolition<BR>0T6.132942 (#9105973)
Owner: Brooklyn Center MN, City of
Solicitor: Bolton & Menk, Inc.
06/13/2024 10:00 AM CDT
Hosier Worldwide, Inc. Frattalone Companies Veit & Company, Inc. Kevitt Excavating
Section Title Line Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension
BASE BID $422,642.00 $496,990.00 $532,696.00 $695,000.00
1 MOBILIZATION LUMP SUM 1 $24,771.00 $24,771.00 $57,830.00 $57,830.00 $4,960.00 $4,960.00 $8,100.00 $8,100.00
2 EROSION CONTROL LUMP SUM 1 $2,044.00 $2,044.00 $13,330.00 $13,330.00 $8,600.00 $8,600.00 $12,000.00 $12,000.00
3 BUILDING REMOVAL LUMP SUM 1 $224,300.00 $224,300.00 $123,870.00 $123,870.00 $132,646.00 $132,646.00 $373,740.00 $373,740.00
4 FOUNDATION REMOVAL LUMP SUM 1 $33,100.00 $33,100.00 $95,370.00 $95,370.00 $122,290.00 $122,290.00 $40,000.00 $40,000.00
5 SITE ELECTRICAL LUMP SUM 1 $17,449.00 $17,449.00 $40,850.00 $40,850.00 $43,840.00 $43,840.00 $16,000.00 $16,000.00
6 STRIP MALL WALL STRUCTURAL LUMP SUM 1 $107,959.00 $107,959.00 $128,950.00 $128,950.00 $165,130.00 $165,130.00 $230,405.00 $230,405.00
7 SITE RESTORATION (MILLINGS) LUMP SUM 1 $13,019.00 $13,019.00 $36,790.00 $36,790.00 $55,230.00 $55,230.00 $14,755.00 $14,755.00
ALTERNATE BID $69,049.00 $105,740.00 $163,060.00 $158,250.00
1A SITE RESTORATION (TOPSOIL AND SEED) LUMP SUM 1 $69,049.00 $69,049.00 $105,740.00 $105,740.00 $163,060.00 $163,060.00 $158,250.00 $158,250.00
Base Bid Total:$422,642.00 $496,990.00 $532,696.00 $695,000.00
Carl Bolander & Sons Landwehr Construction, Inc. Meyer Contracting Inc. Urban Companies
Section Title Line Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension
BASE BID $772,453.00 $796,850.00 $1,192,000.00 $1,240,000.00
1 MOBILIZATION LUMP SUM 1 $54,080.00 $54,080.00 $45,500.00 $45,500.00 $65,000.00 $65,000.00 $50,000.00 $50,000.00
2 EROSION CONTROL LUMP SUM 1 $25,971.00 $25,971.00 $5,000.00 $5,000.00 $12,000.00 $12,000.00 $20,000.00 $20,000.00
3 BUILDING REMOVAL LUMP SUM 1 $300,315.00 $300,315.00 $476,350.00 $476,350.00 $750,000.00 $750,000.00 $620,000.00 $620,000.00
4 FOUNDATION REMOVAL LUMP SUM 1 $188,773.00 $188,773.00 $85,000.00 $85,000.00 $165,000.00 $165,000.00 $140,000.00 $140,000.00
5 SITE ELECTRICAL LUMP SUM 1 $15,677.00 $15,677.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $50,000.00 $50,000.00
6 STRIP MALL WALL STRUCTURAL LUMP SUM 1 $165,955.00 $165,955.00 $150,000.00 $150,000.00 $160,000.00 $160,000.00 $340,000.00 $340,000.00
7 SITE RESTORATION (MILLINGS) LUMP SUM 1 $21,682.00 $21,682.00 $15,000.00 $15,000.00 $30,000.00 $30,000.00 $20,000.00 $20,000.00
ALTERNATE BID $41,995.00 $183,700.00 $130,000.00 $110,000.00
1A SITE RESTORATION (TOPSOIL AND SEED) LUMP SUM 1 $41,995.00 $41,995.00 $183,700.00 $183,700.00 $130,000.00 $130,000.00 $110,000.00 $110,000.00
Base Bid Total:$772,453.00 $796,850.00 $1,192,000.00 $1,240,000.00
C ouncil R egular M eeng
DAT E:6/24/2024
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:J esse A nders on, C ommunity D evelopment D irector
S U B J E C T:Res olu-on I den-fying the Need for L ivable C ommuni-es D emonstra-on A ccount (L C DA )
Trans it-O riented D evelopment F unding and A uthorizing A pplica-on for G rant F unds for
O pportunity S ite P has e 1 I nfras tructure
Requested Council A con:
- Moon to approve the resoluon idenfy ing the need for Livable C ommunies D emonstraon A ccount
Transit Oriented D evelopment funding and authorizing an applicaon for grants funds.
B ackground:
S ince 2019, City s taff have been working w ith A latus L L C and their development partners P roject for P ride
in Living and Resurrec-ng Faith World Ministries, on build out of P has e 1 of the O pportunity S ite. The
proposed 15-acre mixed use development is to include over 700 units of mixed income housing, a s mall
bus iness incubator, and a conference center with as s ociated s ervice retail.
P has e 1 will als o include the delivery of public infrastructure cri-cal to the immediate, and long term
buildout of the broader 80-acre O pportunity S ite. P has e 1 public infrastructure encompasses a new
approximately 1800’ mul-modal roadway segment with quality streets caping, connec-ng S hingle Creek
Cros s ing to J ohn Mar-n D rive, and a regional stormwater pond s ystem to provide the required stormwater
management for approximately 60% of the O pportunity S ite, and the en-rety of the P hase 1 development
s ite.
W ithout these public infras tructure elements, the community-derived vision of both P hase 1 and the
O pportunity S ite becomes effec-vely infeasible.
A n-cipated funding for P hase 1 includes a mix of private financing, T I F financing, a collec-on of grants from
H ennepin C ounty and the M etropolitan C ouncil, and other external s ources . I n effort to secure project
funding while reducing the fis cal burden to the City of Brooklyn Center, C ity staff and the A latus
development team regularly s eek out eligible grant programs to s upport the P has e 1 development project
and its public infrastructure.
The Trans it O riented D evelopment (TO D ) program w as created to fund construc-on of moderate- to
higher-density projects in walkable and trans it-supported environments , in an effort to support more
equitable, livable communi-es in the region. The program is run out of the Metropolitan Council’s L ivable
Communi-es G rant P rogram.
The TO D grant program appropriates funds to local governments for cons truc-on of development, and
s uppor-ve infras tructure, that promotes diverse mix of uses w ithin dense w alkable environments, w ithin
areas that are s erviced by transit. economic development, increase employment, and improve
trans porta-on sys tems to facilitate private investment and job crea-on.
A w arded projects must be located w ithin the Tw in Ci-es M etro, and meet TO D program goals of:
S upport dens e, diverse developments that emphasize pedes trian ac-vity, mul-modal trans porta-on,
and increas ed transit riders hip
Create more hous ing choices through introducing new housing types or preserving affordable
hous ing;
Contribute to an economically prosperous and equitable region by crea-ng living w age jobs and
economic opportunity
Mi-ga-ng climate change through s us tainable site design and building prac-ces
Maximize connec-ons between housing, jobs , services, trans it and regional ameni-es like parks ,
trails , and cultural centers
A dvance racial equity by increas ing access and opportunity for under-repres ented communi-es and
his torically marginaliz ed popula-ons
I n the current 2024 program cycle, up to $5.5 million in funding is available, w ith a maximum aw ard limit of
$2 million per city. A pplicant projects must be located w ithing the Twin C i-es Metro, and project
cons truc-on must begin within the 36month grant period.
The O pportunity S ite project team has iden-fied the new P has e 1 public mul-modal roadway as being a
very compe--ve applica-on for the 2024 TO D grant program. City s taff intend therefore to prepare and
s ubmit a $2 million funding applica-on reques t for construc-on related costs of the roadw ay. S hould
funding be received, it is an-cipated that grant repor-ng and adminis tra-ve requirements will require
minimal staff -me. No addi-onal P hase 1 project funding is required as part of this applica-on, beyond
w hat has previously been dis cus s ed and approved by C ity C ouncil. No new P hase 1 project restric-ons are
created as part of this applica-on.
The purpos e of this ac-on is to approve a res olu-on of support for the applica-on of a 2024 TO D grant, per
grant program requirements .
Next S teps:
A dop-on of the res olu-on will complete ac-ons neces s ary to demonstrate City s upport of the 2024 TO D
grant applica-on. O nce the applica-on and addi-onal materials are complete, city staff will submit the
applica-on no later than A ugus t 12, 2024.
B udget I ssues:
This item w ill have no immediate effect on the budget.
I nclusive C ommunity Engagement:
This item w ill s upport the community-driven development vis ion of the O pportunity S ite, allow ing for
ongoing alignment w ith intended development goals.
A nracist/Equity Policy Effect:
The M etropolitan C ouncil has developed new s coring criteria, which heavily focuses on equity and an--
racis t outcomes for projects w hich are to receive funding. Criteria includes demons trated outreach to
impacted and underrepres ented communi-es , iden-fica-on of specific res iden-al and/or w orkforce
development community needs addressed by the project, project teams w hich reflect and are responsive to
thos e mos t impacted by the project. Thes e projects are likely to score well in these criteria rela-ve to others
they w ill compete agains t.
S trategic Priories and Values:
Maintain and enhance public places, S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on 6/17/2024 Resolu-on LeJer
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES
DEMONSTRATION ACCOUNT ("LCDA") FUNDING AND AUTHORIZING
AN APPLICATION FOR GRANT FUNDS
WHEREAS, the City of Brooklyn Center is a participant in the Metropolitan
Livable Communities Act ("LCA") Local Housing Incentives Program for 2024 as determined by
the Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities
Demonstration Account and Tax Base Revitalization Account Transit Oriented Development
(Collectively, "TOD") funds; and
WHEREAS, the City has identified a proposed project within the City that meets
LCDA purposes and criteria and is consistent with and promotes the purposes of the Metropolitan
Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan
development guide; and
WHEREAS, he City has the institutional, managerial and financial capability to
adequately manage an LCDA grant; and
WHEREAS, the City certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement; and
WHEREAS, the City acknowledges LCDA grants are intended to fund projects or
project components that can serve as models, examples or prototypes for LCDA development or
redevelopment elsewhere in the Region, and therefore represents that the proposed project or key
components of the proposed project can be replicated in other metropolitan-area communities; and
WHERES, only a limited amount of grant funding is available through the
Metropolitan Council's Livable Communities LCDA initiative during each funding cycle and the
Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to
eligible projects that would not occur without the availability of LCDA grant funding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota as follows:
1. Finds that it is in the best interests of the City's development goals and
priorities for the following proposed LCDA project to occur at this
particular site at this particular time:
Brooklyn Center’s Opportunity Site Phase 1 Infrastructure
RESOLUTION NO.
2. Finds that that LCDA Project component(s) for which Livable
Communities LCDA funding is sought:
a. Will not occur solely through private or other public investment
within the reasonable foreseeable future; and
b. Will occur within the term of the grant only if Livable Communities
LCDA funding is made available for this project at this time.
3. Authorizes the City Manager to submit on behalf of the City an application
for Metropolitan Council Livable Communities LCDA grant funds for the
LCDA project components identified in the application, and to execute such
agreements as may be necessary to implement the LCDA Project on behalf
of the City.
June 24, 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:6/24/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:A ngela H olm, D irector of F iscal & S upport S ervices
S U B J E C T:A n O rdinance A mending the Mayor and C ouncil S alaries for 2025 and 2026 (first reading)
Requested Council A con:
- Moon to approve the first reading of an ordinance amending the salaries for M ayor and C ouncil for
2025 and 2026 and call for a second reading on J uly 23, 2024.
B ackground:
Every two years the F inancial Commission is required by the C ity C ouncil Code of Policies to review the
s alaries for the Mayor and C ity C ouncil and recommend any changes that may seem appropriate. The
F inancial Commission has review ed the s alaries in comparison to a s pecified group of comparison ci7es as
outlined by policy.
For the years 2023 and 2024 the salary increas e for Mayor and C ouncil did not go into effect due to a 7ming
error. The s alaries for 2025 and 2026 w ere bas ed off the original 2023 and 2024 amounts. The increas e is a
three percent.
A ccording to Minnes ota S tatutes 415.11, such ordinance w ill be in effect for 12 months a;er which the
s alary reverts to the previously designated amount. I n order to increas e salaries for 2023 and 2024 the
Council mus t adopt a new ordinance. The a=ached ordinance proposal calls for a public hearing to be held
on Monday, November 14, 2022 on a new ordinance es tablishing 2023 and 2024 salaries.
B udget I ssues:
The budget amounts will be included in the 2025 and 2026 budgets respec7vely.
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
AT TA C H M E N TS :
D escrip7on U pload D ate Type
M n S tatute 415.11 10/2/2022 Backup M aterial
O rdinance 6/18/2024 O rdinance
415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES.
Subdivision 1.Set by ordinance.Notwithstanding the provisions of any general or special law, charter,
or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth
class may by ordinance fix their own salaries as members of such governing body, and the salary of the
chief elected executive officer of such city, in such amount as they deem reasonable.
Subd. 2.After next election.No change in salary shall take effect until after the next succeeding
municipal election.
Subd. 3.Temporary reductions.Notwithstanding subdivision 2 or a charter provision to the contrary,
the governing body may enact an ordinance to take effect before the next succeeding municipal election that
reduces the salaries of the members of the governing body. The ordinance shall be in effect for 12 months,
unless another period of time is specified in the ordinance, after which the salary of the members reverts to
the salary in effect immediately before the ordinance was enacted.
History: Ex1967 c 42 s 1,2; 1976 c 44 s 34; 2009 c 152 s 17
Official Publication of the State of Minnesota
Revisor of Statutes
415.11MINNESOTA STATUTES 20201
Notice is hereby given that a public hearing will be held on the 23rd day of July, 2024, at 7
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider An Ordinance Amending Ordinance 2016-08 Regarding Council
Salaries for 2025-2026.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-569-3300 to make arrangements.
CITY OF BROOKLYN CENTER
ORDINANCE NO. __________
AN ORDINANCE AMENDING ORDINANCE NO. 2020-08 REGARDING
COUNCIL SALARIES FOR 2025-2026.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN
AS FOLLOWS:
Section 1. City of Brooklyn Center Ordinance No. 2020-08 which amended the
amount of the annual compensation to be paid to the Mayor and Council Members to become
effective January 1, 2025, is hereby amended.
Section 2. Effective January 1, 2025, the annual salary for the Mayor shall be
$13,079 $14,857 and the annual salary for Council Members shall be $10,013 $11,158.
Section 3. Effective January 1, 2026, the annual salary for the Mayor shall be
$13,341 $15,302 and the annual salary for Council Members shall be $10,214 $11,493.
Section 4. This ordinance shall be effective after adoption and thirty days
following its legal publication.
June 24, 2024 ______________
Date Mayor
ATTEST:
City Clerk
C ouncil R egular M eeng
DAT E:6/24/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:X iong Thao, H ous ing and Community S tandards M anager
S U B J E C T:A n O rdinance A mending C hapter 12 of the City Rela0ng to New Rental Licens ed
P roper0es and Nuisance A batement P roces s – 2nd Reading
Requested Council A con:
- Moon to approve the second r eading and adopt an Ordinance A mending C hapter 12 of the C ity C ode of
Ordinance A mending S econs 12-901, 12-1201 A and 12-1206 of the C ity C ode of Ordinances regarding
rental licensing and building compliance orders.
B ackground:
A w ork s ession discussion was completed during the February 26, 2024 C ity C ouncil mee0ng on the is s ues
rela0ng to repeat Type I V rental license, new cons truc0on rental licens es, and occupied property nuis ance
abatements.
At the A pril 22, 2024 City Council M ee0ng the C ouncil approved the firs t reading of the ordinance. No0ce
of the public hearing was placed in the S un Post newspaper.
Below is a summary of the propos ed changes to Chapter 12.
12-901.3 – New Licens es
The propos e changes are to clear up the language regarding new construc0on and exis0ng proper0es that
are applying for their firs t rental licens e. I t was unclear on the type of license that thes e proper0es w ould
qualify for bas ed on the current language.
The change for new cons truc0on property w ill read more clearly and specify the type of license that new
cons truc0on proper0es can obtain. I t will read that new cons truc0on licenses w ill qualify for a Type I I ,
Type I I I , or Type I V rental licens e. They w ill not be eligible for a Type I – 3 year licens e.
The other change is w ith exis0ng proper0es applying for their first licens e. I t will read that exis 0ng
proper0es applying for their firs t rental licens e will only qualify for a Type I I , Type I I I , or Type I V rental
license.
12-1201 A and 12-1206 – Compliance no0ce changes
12-1201 A makes changes to the compliance no0ces and 0me periods given to correct the compliance
viola0ons. The change adds language that once the compliance no0ce is is s ued, the cost of correc0ng the
viola0on is at the expense of the owner, occupant, operator, or agent. I t further adds that the viola0on
must be corrected w ithin 10 days .
12-1206 makes changes to the process when a property code viola0on does not get corrected w ithin the
0meframe that w as given in the compliance order. The change allows the City to abate the property code
viola0on stated in the compliance order w ithout a city council res olu0on.
B udget I ssues:
The revenues for new cons truc0on rental licens es will vary depending on how many new rental
cons truc0on proper0es are built in the C ity. The cos t for a new construc0on rental property license vary
based on the number of buildings and the number of units . I n most cas es, a rental license ins pec0on w ill be
conducted with the Cer0ficate of O ccupancy ins pec0on w hich is completed by the Building O fficial.
The revenues from exis0ng proper0es conver0ng to rental license proper0es is largely driven by the
hous ing market condi0ons . The rental licens es types for thos e proper0es vary based on property
condi0ons at the 0me of the ini0al rental license ins pec0on.
The nuisance abatement of ordinance amendment may have s ome upfront costs. I f the cos t of the
abatement is not paid, the cos ts can be rolled over to special as s essments.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen community and employee engagement in key decisions
AT TA C H M E N TS :
D escrip0on U pload D ate Type
O rdinance A mendment Language 5/30/2024 Cover Memo
1
CITY OF BROOKLYN CENTER
Please take notice that on__________, 2024, at approximately 7:00 p.m. at Brooklyn Center City
Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, the City Council of
the City of Brooklyn Center will conduct a second reading and consider the adoption of the
following ordinance amending Sections 12-901, 12-1201A and 12-1206 of the City Code of
Ordinances regarding rental licensing and building compliance orders. Meeting materials can be
accessed by visiting the City of Brooklyn Center’s website at: https://www.ci.brooklyn-
center.mn.us/. A definite time for this ordinance to be considered cannot be given as it will depend
on the progression of the agenda items.
ORDINANCE NO. ________
AN ORDINANCE AMENDING SECTIONS 12-901, 12-1201A AND 12-1206 OF THE CITY
CODE OF ORDINANCES REGARDING RENTAL LICENSING AND BUILDING
COMPLIANCE ORDERS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Section 12-901. 3. is amended by adding the following
double-underlined language and deleting the following stricken language:
3. New Licenses. Properties that have legally not been required to have a rental license
due to new construction or a change from owner occupied to rental will may qualify
for a Type II, Type III, or Type IV License. Properties that have changed from owner
occupied to rental may qualify for a Type II, Type III, or Type IV License. Properties
found operating without a valid rental license from the City or failing to meet City
Code requirements or that have been the subject of enforcement actions such as
criminal prosecution or civil penalties for violation of this Chapter, will only qualify
for a Type III or Type IV License.
Article II. Brooklyn Center City Code, Section 1201A is amended by adding the following double-
underlined language and deleting the following stricken language:
Section 12-1201A. COMPLIANCE ORDER. Whenever the Compliance Official determines
that any building or portion thereof, or the premises surrounding any of these, fails to meet the
provisions of this Chapter, a compliance order shall be issued setting forth the violations of the
Chapter and ordering the owner, occupant, operator, or agent to correct such violations at the expense
of the owner, occupant, operator or agentshall be issued. This compliance order shall:
1. Be in writing.
2
2. Describe the location and nature of the violations of this Chapter.
3. Establish a reasonable time for the correction of such violation, not to exceed 10 days,
and notify of appeal recourse.
4. Be served upon the owner or agent or occupant, as the case may require. Such notice
shall be deemed to be properly served upon such owner or agent, or upon any such
occupant, if a copy thereof is:
a. Served upon owner, agent or occupant personally; or
b. Sent by 1st class mail to his/her last known address; or
c. Upon failure to effect notice through (a) and (b) as set out in this Section,
posted at a conspicuous place in or about the building, or portion thereof, that
is affected by the notice.
Violations may be cited by the City and prosecuted, and license suspension, revocation or non-
renewal may be undertaken by the City whether or not a compliance order has been issued.
Article III. Brooklyn Center City Code, Section 12-1206 is amended by deleting the following
stricken language:
Section 12-1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC
AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no
appeal having been taken, or upon failure to comply with a modified compliance order within the
time set therein, the criminal penalty established hereunder notwithstanding, the City Council may,
by resolution, following a hearing upon not less than ten (10) days notice to the landowner, cause
the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy
shall be a lien against the subject real estate and may be levied and collected as a special assessment
in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in
a single installment.
Article IV. 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 V. 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
3
ATTEST: _________________________
Barb Suciu, City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double-underline indicates new matter.)
C ouncil R egular M eeng
DAT E:6/24/2024
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:J ason A arsvold, Ehlers
S U B J E C T:Res olu-on A pproving A mendments to, and Reissuance of, The Crest A partment ’s
M ul-family H ousing Revenue Note, S eries 2021 A
Requested Council A con:
- Moon to open public hearing
-Moon to close public hearing
-Moon to appr ove a resoluon approving amendments to and author iz ing the deemed reissuance of a
conduit mulfamily housing revenue note and amendments to documents in connecon therew ith (the
crest apartments project)
B ackground:
A eon is the ow ner and operator of the Crest apartments , which purchased the property in 2012 and
completed renova-ons in 2014. At its June 28, 2021, mee-ng the City Council approved es tablishment of a
P lanned U nit D evelopment and amendments to the C ity's zoning map and 2040 C omprehens ive P lan to
allow for the construc-on of a 48-unit addi-on to the exis -ng 122-unit Crest A partment building. A s part of
that project, A eon renovated the exis-ng building as well.
To help finance that project, the E DA provided tax increment financing as s is tance and the City of Brooklyn
Center approved is s uance of up to $19,000,000 of tax-exempt, conduit H ousing Revenue Bonds for
rehabilita-on and new construc-on of the Crest A partments. Conduit revenue bonds give the borrow er
acces s to tax exempt financing, so the borrow er realizes low er interest costs and the C ity achieves a public
purpose, in this cas e the pres erva-on and rehabilita-on of exis -ng affordable housing units .
These Bonds were is s ued as conduit revenue bonds secured s olely by the revenues derived from a loan
agreement executed by Brooklyn C enter and the Borrow er and from other security provided by the
Borrower. The lender or bondholders provided the funds for the loan, and Brooklyn Center assigned its
rights and obliga-ons under the L oan A greement to the lender.
No money actually flowed through Brooklyn Center. No money or assets of Brooklyn Center are ever
pledged or available to pay the Bonds. The Bonds do not cons -tute a general or moral obliga-on of
Brooklyn Center and are not s ecured by or payable from any property or assets of Brooklyn Center and are
not s ecured by any taxing pow er of Brooklyn Center. The Bonds do not affect any debt limita-on imposed
on Brooklyn Center and the is s uance of the Bonds w ill not have any adverse impact on the credit ra-ng of
Brooklyn Center, even if the Borrow er encounters financial difficul-es w ith res pect to the project.
O n November 22, 2021 the City Council held a public hearing and adopted a resolu-on authoriz ing the
is s uance of the Bonds , and execu-on of various related documents , including the Bonds and the Loan
A greement. The bonds w ere issued, and the project proceeded according to plans .
The bonds issued for A eon’s project mature on J une 28, 2024 and are intended to be repaid w ith s eparate
financing from a permanent lender. A eon needs more -me to get this permanent financing in place,
how ever, and requested an extension on their Bonds . Their construc-on lender, Bridgewater Bank, has
agreed to this. But since this is a tax-exempt financing, the extens ion also requires a public hearing and C ity
approval. This hearing was properly no-ced for J une 24, 2024 to allow the City Council to consider the
extens ion at this mee-ng.
Recommendaon
S taff recommends approval of the extens ion. A EO N is nearing comple-on of the project and the items
required in its agreements with the City and the E DA . P roviding more -me to close its permanent financing
w ill help ens ure the long-term succes s of the project
B udget I ssues:
This item w ill have no immediate effect on the budget
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on 6/18/2024 Resolu-on LeCer
A mendment Tax Cer-ficate 6/20/2024 Backup M aterial
A mendment to L oan A greement 6/20/2024 Backup M aterial
A mendment to Note 6/20/2024 Backup M aterial
A mendment Bond 6/20/2024 Backup M aterial
A mendment to C ertain L oan D ocuments 6/20/2024 Backup M aterial
M odifica-on of Mortgage 6/20/2024 Backup M aterial
BR291-409-956287.v2
CITY OF BROOKLYN CENTER, MINNESOTA
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. _____
APPROVING AMENDMENTS TO AND AUTHORIZING THE DEEMED
REISSUANCE OF A CONDUIT MULTIFAMILY HOUSING REVENUE
NOTE AND AMENDMENTS TO DOCUMENTS IN CONNECTION
THEREWITH (THE CREST APARTMENTS PROJECT)
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Act”), the
City of Brooklyn Center, Minnesota (the “City”) is authorized to carry out the public purposes
described in the Act by issuing revenue bonds and notes or other obligations to finance or refinance
multifamily housing developments located within the City;
WHEREAS, in connection with the issuance of the City’s revenue bonds and in the making
of a loan to finance a multifamily housing development, the City may exercise, within the
corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise
under Minnesota Statutes, Chapter 462A;
WHEREAS, on December 28, 2021, the City issued and sold to Bridgewater Investment
Management, Inc., a Minnesota corporation (the “Lender”), its $19,000,000 Multifamily Housing
Revenue Note (The Crest Apartments Project), Series 2021 (the “Note”), to (i) finance the
acquisition of The Crest Apartments, an existing 122-unit rental housing facility located at 6221
Shingle Creek Parkway in the City, the rehabilitation thereof to include, among other things, one
additional unit, and the construction and equipping of an approximately 48-unit building to be
located on the same property in the City (the “Project”), owned and operated by Crest Limited
Partnership, a Minnesota limited partnership (as successor to The Crest Apartments LLC, a
Minnesota limited liability company, the “Borrower”); (ii) fund one or more reserve funds to
secure the timely payment of the Note, if necessary; (iii) pay interest on the Note during the
renovation of the Project, if necessary; and (iv) pay the costs of issuing the Note;
WHEREAS, in accordance with a certain Loan Agreement, by and between the City and
the Borrower, dated December 28, 2021 (the “Loan Agreement”), the City loaned the proceeds of
the Note to the Borrower to complete the Project; and the City assigned to and granted to the
Lender a security interest in all of the City’s right, title and interest in and to the Loan Agreement
(except the City’s rights to indemnification and payment of costs and expenses as provided in the
Loan Agreement) pursuant to an Assignment of Loan Agreement, dated as of December 28, 2021,
between the City and the Lender;
WHEREAS, the Borrower has heretofore requested and the Lender has heretofore agreed
to extend the Purchase Date (as defined in the Note) to June 28, 2024, pursuant to that certain First
Amendment to Certain Loan Documents, by and between the Borrower and the Lender, dated as
of December 7, 2023;
BR291-409-956287.v2 2
WHEREAS, the Borrower has now requested that the Lender and the City agree to extend
the maturity date of the Note pursuant to an Amendment No. 1 to Multifamily Housing Revenue
Note (The Crest Apartments Project), Series 2021 (the “Note Amendment”);
WHEREAS, the Lender is willing to agree to the Borrower’s request on certain conditions
set forth in a Second Amendment to Certain Loan Documents, between the Borrower and the
Lender, and an Amendment No. 1 to Loan Agreement between the Borrower and the City (the
“Loan Agreement Amendments” and, together with the Note Amendment, the “Amendments”);
WHEREAS, the Amendments, if approved, would cause a reissuance of the Note (the
“Reissuance”) for tax purposes pursuant to Section 1.1001-3 of the Treasury Regulations
promulgated under the Internal Revenue Code of 1986 (the “Code”), as amended;
WHEREAS, on the date hereof, in accordance with Section 147(f) of the Code, the City
Council held a public hearing on the Reissuance and the Amendments, following duly published
notice in the Sun Post, a newspaper of general circulation in the City; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota (the “Council”), as follows:
1. The City hereby authorizes the Reissuance and approves the Amendments together
with any related documents necessary in connection therewith or in connection with the extension of
the maturity date, including without limitation a tax certificate and an Information Return for Tax-
Exempt Private Activity Bond Issues, Form 8038 (collectively, the “Amendment Documents”), and
hereby authorizes and directs the Mayor and the City Manager of the City to execute the Amendment
Documents on behalf of the City, and to carry out, on behalf of the City, the City’s obligations
thereunder.
2. All of the provisions of the Amendment Documents, when executed and delivered
as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent
as if incorporated verbatim herein and shall be in full force and effect from the date of execution
and delivery thereof.
3. The approval hereby given to the Amendment Documents includes approval of such
additional details therein as may be necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal
counsel to the City and by the officers authorized herein to execute said documents prior to their
execution; and said officers are hereby authorized to approve said changes on behalf of the City. The
execution of any instrument by the appropriate officers of the City herein authorized shall be
conclusive evidence of the approval of such document in accordance with the terms hereof. In the
event of absence or disability of the officers, any of the documents authorized by this Resolution to
be executed may be executed without further act or authorization of the Council by any duly
designated acting official, or by such other officer or officers of the City as, in the opinion of legal
counsel to the City, may act in their behalf.
This Resolution shall be in full force and effect from and after its approval.
BR291-409-956287.v2 3
Moved by Councilmember , seconded by Councilmember
The following voted in favor of said resolution:
The following voted against the same:
The following abstained:
Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor,
and attested by the Clerk dated this 24th day of June, 2024.
__________________________________
Mayor
ATTEST:
City Clerk
BR291-409-958749.v2
Amendment No. 1 to
City of Brooklyn Center, Minnesota
Multifamily Housing Revenue Note
(The Crest Apartments Project)
Series 2021
BORROWER TAX CERTIFICATE
June 28, 2024
The undersigned representative of Crest Limited Partnership, a Minnesota limited partnership (as
successor to The Crest Apartments LLC, a Minnesota limited liability company, the “Borrower”), whose
general partner is Aeon Crest GP LLC, a Minnesota limited liability company (the “General Partner”), does
hereby certify, with respect to that certain Multifamily Housing Revenue Note (The Crest Apartments
Project), Series 2021, dated December 28, 2021, issued by City of Brooklyn Center, Minnesota (the
“Issuer”) in the original principal amount of $19,000,000 (the “Original Note”), all of which is currently
outstanding, as amended by the Amendment No. 1 to Multifamily Housing Revenue Note, Series 2021 (The
Crest Apartments Project) (the “2024 Amendment” and, together with the Original Note, the “Note”), as
follows:
1. Definitions. For all purposes of this Certificate the following terms have the following
meanings. Capitalized terms used but not defined herein shall have the meanings assigned to them in the
Code or the Loan Agreement (all as hereinafter defined).
2024 Amendment means Amendment No. 1 to Multifamily Housing Revenue Note, Series 2021
(The Crest Apartments Project), dated as of the date hereof.
Certificate means this Borrower Tax Certificate.
Code means the Internal Revenue Code of 1986, including any amendment thereof, together with
any regulations promulgated thereunder.
Gross Proceeds means any Proceeds and Replacement Proceeds of the Note.
Investment Proceeds means any amount actually or constructively received from investing Gross
Proceeds of the Note.
Lender means Bridgewater Investment Management, Inc., a Minnesota corporation, together with
its successors or assigns.
Loan Agreement means the Loan Agreement, dated as of December 28, 2021, as amended, between
the Issuer and the Borrower, pursuant to which the Issuer loaned to the Borrower the proceeds of the sale
of the Note.
Net Sale Proceeds means Sale Proceeds, less the portion of those Sale Proceeds invested in a
reasonably required reserve or replacement fund. No reserve or replacement fund has been established for
the Note. The Net Sale Proceeds of the Note is $19,000,000.
Note means the Original Note, as amended by the 2024 Amendment, deemed reissued on the date
hereof in the principal amount of $19,000,000.
2
BR291-409-958749.v2
Original Note means the Issuer’s Multifamily Housing Revenue Note (The Crest Apartments
Project), Series 2021, issued on December 28, 2021, in the original aggregate principal amount of
$19,000,000.
Proceeds means any Sale Proceeds and Investment Proceeds of the Note.
Project means the Land, the Building, the Improvements, and the Equipment , as they may at any
time exist.
Project Costs has the meaning set forth in the Loan Agreement.
Regulations means the Treasury Regulations, as amended, promulgated, proposed or applicable to
the Note under the Code, including without limitation Income Tax Regulations, Sections 1.148-1 through
1.148-11, 1.149(b)-l, 1.149(d)-1, 1.149(3)-1, 1.149(g)-1, 1.150-1 and 1.150-2.
Regulatory Agreement means the Regulatory Agreement, dated as of December 28, 2021, among
the Issuer, the Borrower, and the Lender.
Replacement Proceeds means the replacement proceeds of the Note as defined in
Section 1.148-1(c) of the Regulations.
Sale Proceeds means any amounts actually or constructively received from the sale of the Note,
including amounts used to pay underwriters’ discount or compensation and accrued interest other than pre-
issuance accrued interest. The Sale Proceeds of the Note will be $19,000,000.
Yield with respect to the Note means that discount rate which, when computing the present value
of all unconditionally payable amounts of principal and interest paid and to be paid on the Note produces
an amount equal to the present value of the Note.
2. Purpose of Borrower’s Tax Certificate. This Certificate has been prepared and is being
executed and delivered by the Borrower to set forth the reasonable expectations of the Borrower as of the
date of this Certificate as to the Loan Agreement and Note and to establish compliance with Sections 103
and 141 through 150 of the Code and applicable Regulations promulgated thereunder with respect to the
Note. It is understood that the completeness and accuracy of this Certificate will be relied upon by the
Issuer and Kennedy & Graven, Chartered, as bond counsel (“Bond Counsel”), and that any omission or
inaccuracy could cause interest on the Note to become included in gross income for federal income tax
purposes. The Borrower has consulted such legal, accounting, and financial consultants as the Borrower
has deemed necessary prior to the execution and delivery of this Certificate.
The Lender originated the loan evidenced by the Note on a draw-down basis and the Project has
been fully constructed and the proceeds of the Note have been fully advanced. As requested by the
Borrower, the Issuer, with the consent of the Lender, has agreed to modify the terms of the Original Note
to, among other things, extend the maturity date. The extension of the maturity date constitutes a significant
modification and will result in a reissuance of the Governmental Notes under Section 1.1001 -3 of the
Regulations.
3. Arbitrage Certificate and Endorsement of Issuer. Pursuant to Section 1.148-2(b) of the
Regulations, except for intentional acts taken subsequent to the date of issuance, the determination of
whether an issue consists of arbitrage bonds under Section 148(a) of the Code is based on the Issuer’s
reasonable expectations as of the issue date regarding the amount and use of the gross proceeds of the issue.
An officer of the Issuer responsible for issuing the obligations must, in good faith, certify the Issuer’s
3
BR291-409-958749.v2
expectations as of the issue date. The certification must state the facts and estimates that form the basis for
the Issuer’s expectations. The certification is evidence of the Issuer’s expectations but does not establish
any conclusions of law or any presumptions regarding either the Issuer’s actual expectations or their
reasonableness. The Note is a conduit revenue obligation issued by the Issuer for the benefit of the
Borrower. The Issuer will rely exclusively on the Borrower to establish the reasonable expectations of the
Issuer on the date hereof with respect to the Note. The Issuer has executed an Endorsement of Issuer to
Borrower Tax Certificate attached to this Certificate to establish the reasonable expectations of the Issuer
on the date hereof with respect to the Note under the Code and the Regulations.
4. Borrower Compliance with Code. The Borrower represents the following:
(a) The Borrower carefully reviewed the information and representations and
warranties of the Borrower contained in the Loan Agreement and the Regulatory Agreement
relating to the restrictions required to preserve the exclusion from gross income of interest on the
Note under the Code and applicable Regulations. Such information and representations and
warranties are true and correct in all material respects as of the date hereof.
(b) It is understood that the completeness and accuracy of this Certificate will be relied
upon by the Issuer and Bond Counsel and that any omission or inaccuracy could cause interest on
the Note to become included in gross income for federal income tax purposes. The Borrower has
consulted with such legal, accounting, and financial consultants as the Borrower has deemed
necessary prior to the execution and delivery of this Certificate.
5. Borrower Representations, Certifications, Expectations, and Warranties. The
representations, certifications, expectations, and warranties of the Borrower set forth in this Certificate are
hereby declared by the Borrower to be an accurate and complete statement of the reasonable expectations
of the Borrower on the date hereof with respect to the amount and use of the Gross Proceeds of the Note,
and that, to the best of the knowledge and belief of the Borrower, no facts, estimates, conditions, or
circumstances that would materially change such represent ations, certifications, expectations, and
warranties are known to the Borrower.
6. Purpose; Not Combined Issue. The Note is deemed reissued on the date hereof as a
remediation under Section 1.1001-3 of the Regulations, and the following paragraphs of this Certificate
deal with arbitrage and hedge bond aspects of the deemed reissuance. The proceeds of the Original Note
financed the Project Costs. The Project Costs constitute a “capital project” under Section 1.148-1(b) of the
Regulations.
The reissuance of the Note is a single purpose issue for the purpose of refinancing the Project Costs.
Except for the Note, there are no other obligations of a state or political subdivision which (i) were
sold within 15 days of the sale of the Note, (ii) have been sold pursuant to the same plan of financing,
including bonds for the same facility or related facilities, and (iii) are reasonably expected to be paid from
substantially the same source of funds, determined without regard to guarantees from unrelated parties.
Consequently, the Note is not treated as part of the same issue as any other obligations of the Issuer.
7. Proceeds and Uses. The Note, as reissued, is deemed delivered and paid for on the date
hereof. The issue price of the Note, as reissued on the date hereof, is its outstanding principal amount of
$19,000,000 (the “Issue Price”). The Sale Proceeds of the Note were equal to the issue price (being the
issue price less pre-issuance accrued interest) and included $0 used to pay underwriter’s discount or
compensation and $0 of accrued interest other than pre-issuance accrued interest. All Sale Proceeds of the
Note are deemed to be spent on the date hereof to discharge the Original Note.
4
BR291-409-958749.v2
Upon deemed discharge of the Original Note on the date hereof, all unspent proceeds of the Original
Note will become Transferred Proceeds of the Note, and this paragraph demonstrates that the unspent
proceeds of the Original Note that become proceeds of the Note will meet requirements applicable to the
Note. Unspent proceeds of the Original Note consist of proceeds of such issue minus expenditures made
with such proceeds other than amounts expended on acquired obligations.
On the date hereof there are no original proceeds or Investment Proceeds of the Original Note which
are unspent proceeds of the Original Note. Any transferred proceeds of the Note will be invested at a yield
not materially higher than the yield on the Note or in obligations exempt from federal income taxation under
Section 103(a) of the Code or as part of the $100,000 minor portion of the Note if and to the extent such
transferred proceeds remain after the earlier of (i) construction of the Project is complete or, (ii) 3 years
from the date of original issuance.
There are no replacement proceeds of the Note within the meaning of Section 1.148-1(c)(1) or (4)
of the Regulations. For purposes of qualifying for the safe harbor against the creation of certain replacement
proceeds provided by Section 1.148-1(c)(4)(i)(B) of the Regulations, the Note has a weighted average
maturity that does not exceed 120% of the average reasonably expected economic life of the Project,
determined in the same manner as under Section 147(b) of the Code. The weighted average maturity of the
Note is [__] years and the remaining weighted average maturity of the portion of the Original Note deemed
refunded by the Note is [__] years.
8. Governmental Purpose; No Overburdening of the Tax-Exempt Market. The stated purpose
of the Note is a governmental purpose within the meaning of applicable law and regulations. Proceeds of
the Note in an amount equal to the sale proceeds of the Original Note (less the amount of issuance expenses),
together with estimated investment earnings thereon, did not exceed the estimated dollar cost of financing
the Project Costs, less all other funds to be expended for paying such costs.
9. Yield Determination. The Note is a “fixed yield issue” as defined in Section 1.148-l(b) of
the Regulations. Accordingly, the Yield on the Note has been calculated by JLL Real Estate Capital, LLC,
as provided in Section 1.148-4(b) of the Regulations, as that discount rate which when used in computing
the present value as of the date hereof (the “Date of Issuance”) of all unconditionally payable payments of
principal, interest, and fees paid or reasonably expected to be paid for qualified guarantees on the Note,
produces an amount which is equal to the present value, using the same discount rate, of the aggregate Issue
Price thereof. Utilizing this methodology and semiannual compounding, the Yield is ______% as shown
in Exhibit A attached hereto.
10. Yield on the Loan Agreement. The yield on the Loan Agreement as of the reissuance of
the Note is the same as the yield on the Note. No additional Issuer’s administrative fee is due under the
Loan Agreement. Therefore, Borrower represents that the yield on the Loan Agreement is not expected to
exceed the yield on the Note by more than 1.50%. This representation is based on the fact that the loan
payments under the Loan Agreement are required to be paid on such dates and in such amounts as the debt
service payments on the Note. There are no additional payments under the Loan Agreement which will
increase the yield on the Note. In connection with such representation, the Borrower represents that: (i) at
least 95% of the receipts from the Loan Agreement will be used to pay principal of and interest on the Note;
and (ii) pursuant to the terms of the Loan Agreement, the Borrower is prohibited from purchasing any
interest in the Note and is required to take all actions necessary to prevent any related person to the Borrower
from acquiring any interest in the Note. To the knowledge of the Borrower, the Issuer has not waived its
right to treat the Loan Agreement as a “program investment” (within the meaning of Section 1.148-1(b) of
the Regulations).
5
BR291-409-958749.v2
11. Intentional Acts. The Borrower shall not take any deliberate, intentional action after the
date hereof to earn arbitrage profit except to the extent such action would not have caused the Note to be
an arbitrage bond had it been reasonably expected on the date hereof.
12. Not Hedge Bond. The Note is not a hedge bond within the meaning of Section 149(g) of
the Code, because (1) the Borrower reasonably expected on the date of issuance of the Original Note that
85% of the spendable proceeds of the Note would be used to carry out the governmental purposes of the
Note within the 3 year period beginning on the date of issuance, and the proceeds affected by the deemed
reissuance of the Note were so used, and (2) not more than 50% of the proceeds of the Note were invested
in nonpurpose investments having a substantially guaranteed yield for 4 years or more.
13. Ratification of Original Tax Certificate. Except as otherwise provided in this Certificate,
the Borrower hereby ratifies and confirms the provisions of the tax certificate executed and delivered on
the date of issuance of the Original Note.
14. Compliance with Regulatory Agreement Requirements. Pursuant to the terms of the
Regulatory Agreement, the Borrower is required to satisfy the occupancy restrictions, the rental restrictions,
and certain other restrictions regarding the use and occupancy of the Project. The Borrower acknowledges
and understands that noncompliance with the Regulatory Agreement may affect the tax-exempt status of
the Governmental Notes.
15. Basis For Expectations. The facts and estimates on which the foregoing expectations are
based are (a) all contracts, if any, heretofore executed for the acquisition and installation of the Project, (b)
all expenditures which were heretofore made by the Borrower for the acquisition and completion of the
Project or were reimbursed out of the proceeds of the Note, and (c) such other facts and estimates, if any,
relating to the Note.
16. No Abusive Arbitrage Device. No “abusive arbitrage device” within the meaning of
Section 1.148-10 of the Regulations is used in connection with the Note. No action relating to the Note has
the effect of (1) enabling the Borrower to exploit the difference between tax-exempt and taxable interest
rates to obtain a material financial advantage, and (2) overburdening the tax-exempt market.
17. 8038. The information set forth on the Internal Revenue Service Information Return for
Tax-Exempt Private Activity Bond Issues, Form 8038, relating to the Note is correct and complete with
respect to the allocation of proceeds of the Note.
18. Rebate Requirements. The Borrower, by the terms of the Loan Agreement, has covenanted
to comply with the requirements of Section 148 of the Code. The Borrower covenants that it will consult
with Bond Counsel and undertake to determine from time to time what is required with respect to the rebate
provisions contained in Section 148(f) of the Code and will comply with any requirements that may be
applicable to the Note. In determining its rebate obligations with respect to the Note, the Borrower will
comply with the terms of the Loan Agreement and this Certificate, except to the extent inconsistent with
any requirements of future regulations or written advice received from Bond Counsel. Notwithstanding
anything in this Certificate or the Loan Agreement to the contrary, the obligation to remit rebate amounts
to the United States Department of the Treasury and to comply with all other requirements contained in this
Tax Certificate will survive the repayment of the Note.
19. No Other Facts; Conclusion. To the best of the knowledge and belief of the undersigned,
there are no other facts, estimates or circumstances which would materially change the foregoing facts and
conclusions, and nothing has been called to our attention to cause us to believe that the proceeds of the Note
6
BR291-409-958749.v2
will be used in a manner which would cause the Note to be an arbitrage bond within the meaning of
Section 148 of the Code or a hedge bond within the meaning of Section 149(g) of the Code.
20. Continuing Compliance.
(a) This Certificate and the Regulatory Agreement serve, in part, as guidelines to, and written
procedures for, implementing the requirements of Sections 142 and 148 to 150 of the Code. The Borrower
will monitor the use of proceeds of the Note and of the facilities financed with proceeds of the Note, in
order to assure that the Note continues to qualify as a bond that is an “exempt facility bond” the net proceeds
of which are to be used to provide a “qualified residential rental project” within the meaning of Sections
142(a)(7) and 142(d) of the Code. In addition, the Borrower will monitor the use of the Project in order to
assure that the Bonds continue to qualify as “qualified bonds,” within the meaning of Section 141(e) and
Section 142(d) of the Code, and the Borrower will consult with Bond Counsel as necessary to determine
whether, and to what extent, if as a result of any change in the use or purpose of the Project any remedial
action is required under Section 1.142-2 of the Regulations.
(b) Further, the Borrower will monitor or engage a qualified third party to monitor the
investment of proceeds of the Note to assure compliance with Section 148 of the Code and related
Regulations, and the Borrower will consult with Bond Counsel periodically with regard to arbitra ge
compliance. The Borrower has designated the _____________ of the Aeon as the entity responsible for
monitoring the requirements of Section 148 of the Code and the requirements of the Regulatory
Agreement.
S-1
BR291-409-958749.v2
IN WITNESS WHEREOF, the undersigned has executed this Borrower Tax Certificate as of the
date and year first written above.
CREST LIMITED PARTNERSHIP,
a Minnesota Limited Partnership
By: AEON CREST GP LLC,
a Minnesota limited liability company
Its: General Partner
By:
Caroline Horton
Its: Vice President/Treasurer
This signature page is attached to a Borrower Tax Certificate executed by the Borrower in connection with
the issuance of the Issuer’s Amendment No. 1 to Multifamily Housing Revenue Note, Series 2021 (The
Crest Apartments Project)
A-1
BR291-409-958749.v2
EXHIBIT A
CALCULATION OF WEIGHTED AVERAGE MATURITY AND YIELD
E-1
BR291-409-958749.v2
ENDORSEMENT OF AUTHORITY TO BORROWER TAX CERTIFICATE
June 28, 2024
This Endorsement of Issuer to Borrower Tax Certificate (the “Issuer Endorsement”) is executed
and delivered by the undersigned officials (the “Issuer Officials”) of City of Brooklyn Center, Minnesota
(the “Issuer”), to satisfy the requirements of Treasury Regulations, Section 1.148-2(b)(2), with respect to
its Multifamily Housing Revenue Note, Series 2021 (The Crest Apartments Project), in the original
aggregate principal amount of $19,000,000 (the “Original Note”), as amended by Amendment No. 1 to
Multifamily Housing Revenue Note, Series 2021 (The Crest Apartments Project) (“2024 Amendment” and,
together with the Original Note, the “Note”). Terms that are capitalized in this Issuer Endorsement (other
than as a result of the application of the rules of English grammar) have the meanings assigned to such
terms in the Borrower Tax Certificate, dated the date hereof (the “Borrower Tax Certificate”), to which this
Issuer Endorsement is attached. The Issuer Officials hereby certify as follows on behalf of the Issuer:
1. The Issuer Officials have been authorized by Resolution [______], adopted by the City
Council of the Issuer on June 24, 2024 (the “Note Resolution”) and provisions of Minnesota Statutes,
Sections 469.152 to 469.1655, as amended (the “Act”), to execute and deliver the Note and thereby qualify
as officers of the Issuer responsible for issuing the Note.
2. The Issuer expects that the amount and use of the gross proceeds of the Note will be as
represented and certified by Crest Limited Partnership, a Minnesota limited partnership (the “Borrower”),
in the Borrower Tax Certificate. While the Issuer Officials have made no independent investigation with
respect to such representations and certifications, nothing has come to the attention of the Issuer Officials
that would cause the Issuer Officials to question the representations and certifications set forth in the
Borrower Tax Certificate with respect to the Note.
3. The facts and estimates that form the basis for such expectations by the Issuer are solely
those facts and estimates of the Borrower set forth in: (a) the Loan Agreement; (b) the Borrower Tax
Certificate; (c) Regulatory Agreement; and (d) the other documents included in the transcript prepared by
Bond Counsel with respect to the Note and the Original Note. While the Issuer Officials have made no
independent investigation with respect to such facts and estimates, nothing has come to the attention of the
Issuer Officials that would cause the Issuer Officials to question the facts and estimates set forth in the
foregoing documents.
4. Pursuant to Section 4.5 of the Loan Agreement and Paragraph 20 of the Borrower Tax
Certificate, the Borrower will monitor the investment of the proceeds of the Note to assure compliance with
the arbitrage rules and regulations set forth in Section 148 of the Internal Revenue Code of 1986, as amended
(the “Code”). The Issuer hereby designates Section 4.5 of the Loan Agreement and Paragraph 20 of the
Borrower Tax Certificate as the Issuer’s written procedures with respect to compliance with Section 148 of
the Code for the Note.
5. Pursuant to Paragraph 20 of the Tax Certificate, the Borrower will consult with Bond
Counsel at any time an improper use of proceeds of the Note or failure to expend proceeds of the Note
requires remedial action pursuant to Section 1.142-2 of the Treasury Regulations promulgated under
Section 142 of the Code. The Issuer hereby designates Section 4.5 of the Loan Agreement and Paragraph 20
of the Borrower Tax Certificate as the Issuer’s written procedures with respect to compliance with the
remedial action regulations set forth in Section 1.142-2 of the Treasury Regulations.
E-2
BR291-409-958749.v2
Execution page of City of Brooklyn Center, Minnesota to the Issuer Endorsement to Borrower Tax
Certificate.
CITY OF BROOKLYN CENTER, MINNESOTA
By _______________________________________
Mayor
By _______________________________________
City Manager
This signature page is attached to the Issuer’s Endorsement to Tax Certificate in connection with the
issuance of the Issuer’s Amendment No. 1 to Multifamily Housing Revenue Note, Series 2021 (The Crest
Apartments Project)
AMENDMENT NO. 1 TO LOAN AGREEMENT
This Amendment, dated as of June 28, 2024, is made by and among Crest Limited Partnership, a
Minnesota limited partnership (as successor to The Crest Apartments LLC, a Minnesota limited liability
company, the “Borrower”), City of Brooklyn Center, Minnesota, a home rule charter city, municipal
corporation, and political subdivision duly organized and existing under the Constitution, its Charter and
laws of the State of Minnesota (the “Issuer”), and Bridgewater Investment Management, Inc., a Minnesota
corporation (the “Lender”).
RECITALS
(a) The Borrower and the Issuer are parties to that certain Loan Agreement, dated as of December 28,
2021 (as amended, the “Loan Agreement”);
(b) In accordance with the Loan Agreement the Issuer loaned the proceeds of its Multifamily Housing
Revenue Note (The Crest Apartments Project), Series 2021 (as amended, the “Note”), in the
original aggregate principal amount of $19,000,000;
(c) The Note is owned by the Lender;
(d) The Issuer assigned to and granted to the Lender, its security interest in all of the Issuer’s right, title
and interest in and to the Loan Agreement (except the Issuer’s rights to indemnification and
payment of costs and expenses as provided in the Loan Agreement) pursuant to an Assignment of
Loan Agreement, dated as of December 28, 2021, between the Issuer and the Lender;
(e) The Borrower has heretofore requested and the Lender has heretofore agreed to extend the Purchase
Date (as defined in the Note) to June 28, 2024, pursuant to that certain First Amendment to Certain
Loan Documents, by and between the Borrower and the Lender, dated as of December 7, 2023;
(f) The Borrower has now requested that the Lender agree to extend the maturity date of the Note
pursuant to an Amendment No. 1 to Multifamily Housing Revenue Note (The Crest Apartments
Project), Series 2021 (the “1st Amendment”); and
(g) The Lender is willing to agree to the Borrower’s request on the conditions that (i) the interest rate
provision of Note is amended pursuant to the 1st Amendment; (ii) the Borrower agrees to certain
other amendments as detailed in that Second Amendment to Certain Loan Documents, by and
between the Borrower and the Lender, to be dated the date hereof; and (iii) the Loan Agreement be
amended as provided herein.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
herein contained, it is agreed as follows:
1. Defined Terms. Capitalized terms used in this Amendment which are defined in the Loan
Agreement shall have the meanings as defined therein, unless otherwise defined herein. In
addition, Section 1.1 of the Loan Agreement is amended by amending the following
definitions:
“Note: the Multifamily Housing Revenue Note (The Crest Apartments Project),
Series 2021, to be issued by the Issuer under the terms of the Resolution in the original
principal of $19,000,000, as amended by Amendment No. 1 to Multifamily Housing
2
BR291-409-958751.v3
Revenue Note (The Crest Apartments Project), Series 2021 and as may be further amended
from time to time;”
2. Existing Terms. Except as herein amended, all terms and provisions of the Loan
Agreement, as originally executed as of December 28, 2021, shall remain in full force and
effect.
B-1
BR291-409-958751.v3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as
of the date first written above.
Crest Limited Partnership,
a Minnesota Limited Partnership
By: AEON CREST GP LLC,
a Minnesota limited liability company
Its: General Partner
By:
Caroline Horton
Its: Vice President/Treasurer
This signature page is attached to an Amendment No. 1 to Loan Agreement.
BR291-409-958751.v3
Execution page of Bridgewater Investment Management, Inc. to the Amendment.
BRIDGEWATER INVESTMENT MANAGEMENT,
INC.
By
Its
This signature page is attached to an Amendment No. 1 to Loan Agreement.
BR291-409-958751.v3
City of Brooklyn Center, Minnesota hereby consents to the foregoing Amendment No. 1 to Loan
Agreement.
CITY OF BROOKLYN CENTER,
MINNESOTA
By _______________________________________
Mayor
By _______________________________________
City Manager
This signature page is attached to an Amendment No. 1 to Loan Agreement.
BR291-409-958752.v2 1
AMENDMENT NO. 1 TO MULTIFAMILY HOUSING REVENUE NOTE
(THE CREST APARTMENTS PROJECT), SERIES 2021
This Amendment No. 1 to Multifamily Housing Revenue Note (The Crest Apartments Project),
Series 2021, dated as of June 28, 2024, is made with respect to that certain Multifamily Housing Revenue
Note (The Crest Apartments Project), Series 2021, dated December 28, 2021, issued by City of Brooklyn
Center, Minnesota in the original principal amount of $19,000,000 (the “Original Note”), the original of
which is stapled hereto and by this reference incorporated herein.
1. All capitalized terms used herein that are not otherwise defined shall have the meanings
ascribed to them in the Original Note.
2. Section 1 of the Original Note is hereby amended and replaced with the following:
“(1) Commencing on the Original Issue Date to and including June 28, 2024, interest shall
accrue on the outstanding Principal Balance at a fixed interest rate equal to 4.00% per annum. From and
after June 28, 2024, to and including December 28, 2024 (the “Maturity Date”), interest shall accrue on the
outstanding Principal Balance at a fixed interest rate equal to 7.00% per annum. Interest shall be computed
on the basis of actual days elapsed in a year of 360 days.”
3. Section 8 of the Original Note is deleted in its entirety.
4. Except as herein amended, all terms and provisions of the Original Note shall remain in
full force and effect.
BR291-409-958752.v2 S-1
SIGNATURE PAGE TO AMENDMENT NO. 1 TO MULTIFAMILY HOUSING REVENUE NOTE,
SERIES 2021 (THE CREST APARTMENTS PROJECT)
CITY OF BROOKLYN CENTER,
MINNESOTA
By _______________________________________
Mayor
By _______________________________________
City Manager
BR291-409-958752.v2 S-2
Consent to Amendment No. 1 to Multifamily Housing Revenue Note
(The Crest Apartments Project), Series 2021
The undersigned, on behalf of Bridgewater Investment Management, Inc., (the “Holder”) hereby
consents to the execution and delivery of the foregoing Amendment No. 1 to Multifamily Housing Revenue
Note (The Crest Apartments Project), Series 2021.
BRIDGEWATER INVESTMENT MANAGEMENT,
INC., a Minnesota corporation
By:
Name: Nicholas Place
Title: Senior Vice President
BR291-409-958752.v2 S-3
Consent to Amendment No. 1 to Multifamily Housing Revenue Note
(The Crest Apartments Project), Series 2021
The undersigned, on behalf of Crest Limited Partnership, a Minnesota limited partnership (the
“Borrower”), hereby consents to the execution and delivery of the foregoing Amendment No. 1 to
Multifamily Housing Revenue Note (The Crest Apartments Project), Series 2021.
CREST LIMITED PARTNERSHIP,
a Minnesota Limited Partnership
By: AEON CREST GP LLC,
a Minnesota limited liability company
Its: General Partner
By:
Caroline Horton
Its: Vice President/Treasurer
BR291-409-958753.v2
City of Brooklyn Center, Minnesota
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Attn: Finance Director
Bridgewater Investment Management, Inc.
4450 Excelsior Boulevard, Suite 100
St. Louis Park, Minnesota 55416
Attn: Nicholas Place
Amendment No. 1 to
City of Brooklyn Center, Minnesota
Multifamily Housing Revenue Note
(The Crest Apartments Project), Series 2021
City of Brooklyn Center, Minnesota (the “Issuer”) previously issued its Multifamily Housing Revenue
Note (The Crest Apartments Project), Series 2021, in the original aggregate principal amount of
$19,000,000 (the “Original Note”). The proceeds of the Original Note were loaned to Crest Limited
Partnership, a Minnesota limited partnership (as successor to The Crest Apartments LLC, a Minnesota
limited liability company, the “Borrower”), pursuant to a Loan Agreement, dated as of December 28, 2021,
between the Borrower and the Issuer (the “Original Loan Agreement”). The Issuer assigned and granted
Bridgewater Investment Management, Inc., a Minnesota corporation (the “Lender”), a security interest in all
of the Issuer’s right, title and interest in and to the Loan Agreement (except certain reserved rights including
the Issuer’s rights to indemnification and payment of costs and expenses as provided in the Loan Agreement),
pursuant to an Assignment of Loan Agreement, dated as of December 28, 2021, between the Issuer and the
Lender. The Lender, the Borrower and the Issuer have agreed, pursuant to an Amendment No. 1 to the Note
(the “Note Amendment” and, together with the Original Note, the “Note”) and an Amendment No 1. To Loan
Agreement (the “Loan Amendment” and, together with the Original Loan Agreement, the “Loan Agreement”)
to, among other things, extend the maturity date of the Note, which will cause a “reissuance” of the Note for
tax purposes pursuant to Section 1.1001-3 of the Treasury Regulations promulgated under the Internal Revenue
Code of 1986, as amended (the “Code”).
We have reviewed the Note Amendment, the Loan Amendment and such other documents as we have
deemed necessary for the purpose of giving this opinion. Based on such review, it is our opinion that:
(1) The Note Amendment and the Loan Amendment have been duly and validly authorized,
executed, and delivered by the Issuer, and, assuming the due and valid authorization, execution, and delivery
thereof by the other parties thereto, are valid and binding special limited obligations of the Issuer, enforceable
against the Issuer in accordance with their terms. The Note is not a general obligation or indebtedness of the
Issuer within the meaning of any constitutional or statutory limitation and does not constitute or give rise to a
charge against its general credit or taxing powers but is payable solely from the revenues pledged thereto.
(2) Neither the Note Amendment nor the Loan Amendment will adversely affect the exclusion of
interest on the Note from gross income for federal income tax purposes.
BR291-409-958753.v2
It is understood that the rights of the owners of the Note may be subject to bankruptcy, insolvency,
reorganization, moratorium, and other similar laws affecting creditors’ rights heretofore or hereafter enacted to
the extent constitutionally applicable and that its enforcement may also be subject to the exercise of judicial
discretion in appropriate cases.
This opinion is given as of the date hereof and we assume no obligation to revise or supplement this
opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law or
facts that may hereafter occur.
Dated June 28, 2024 at Minneapolis, Minnesota.
2986781.v3
SECOND AMENDMENT TO CERTAIN LOAN DOCUMENTS
THIS SECOND AMENDMENT TO CERTAIN LOAN DOCUMENTS
(“Amendment”) is made and entered into as of this [28th] day of June, 2024 (the “Effective
Date”), by and between CREST LIMITED PARTNERSHIP, a Minnesota limited partnership (the
“Borrower”), and BRIDGEWATER INVESTMENT MANAGEMENT, INC., a Minnesota
corporation (“Lender”).
RECITALS
WHEREAS, Lender purchased from the City of Brooklyn Center, Minnesota (the
“Issuer”), a Multifamily Housing Revenue Note (The Crest Apartments Project) Series 2021 dated
December 28, 2021 (the “Note”), issued by the Issuer in the amount of Nineteen Million and
00/100 Dollars ($19,000,000.00) (the “Loan”); and
WHEREAS, the terms and conditions of the Loan were contained in a Loan Purchase
Agreement dated December 28, 2021, entered into by and between The Crest Apartments LLC, a
Minnesota limited liability company (“Original Borrower”), and Lender (the “Loan Purchase
Agreement”), the proceeds of the Loan were to be used by Original Borrower for purposes more
fully set forth therein; and
WHEREAS, as and for security for the Note, Original Borrower executed in favor of the
Issuer a Combination Mortgage, Security Agreement, Fixture Filing and Assignment of Leases
and Rents dated December 28, 2021, recorded with the Hennepin County Registrar of Titles’
Office on December 29, 2021, as Document No. 5907480, as assigned to Lender pursuant to an
Assignment of Mortgage dated December 28, 2021, executed and delivered by the Issuer to and in
favor of Lender, recorded with the Hennepin County Registrar of Titles’ Office on December 29,
2021, as Document No. 5907481 (collectively, the “Mortgage”) pledging a valid first mortgage
lien on real estate located at 6221 Shingle Creek Parkway, in the City of Brooklyn Center, County
of Hennepin, State of Minnesota, as more fully legally described on Exhibit A attached to the
Mortgage (the “Property”); and
WHEREAS, as and for security for the Note, Borrower executed in favor of Lender an
Assignment of Capital Contributions dated December 28, 2021 (the “Assignment Agreement”),
granting a security interest in the second, third, fourth, fifth and sixth installments of the capital
contributions to be made by the Limited Partner (as defined in the Loan Purchase Agreement) to
Borrower pursuant to the Partnership Agreement (as defined in the Loan Purchase Agreement);
and
WHEREAS, as and for security for the Note, Aeon Crest GP LLC, a Minnesota limited
liability company, the General Partner of Borrower (the “General Partner”), executed in favor of
Lender a Pledge Agreement – Partnership Interest dated December 28, 2021 (the “Pledge
Agreement – General Partner”), assigning to Lender the general partnership interest held by
General Partner in Borrower; and
2.
WHEREAS, as and for security for the Note, Original Borrower executed in favor of
Lender a Pledge Agreement dated December 28, 2021 (the “Pledge Agreement”), pledging as
additional collateral for the Loan the deposit account held by Borrower at Bridgewater Bank, a
Minnesota banking corporation (“BWB”) for the deposit of the capital contributions from the
Limited Partner to Borrower; and
WHEREAS, as and for security for the Note, Original Borrower executed in favor of
Lender a Collateral Assignment of Tax Revenue Note (the “Assignment of TIF Note”), pledging
as additional collateral for the Loan the Tax Increment Revenue Note issued by the Economic
Development Authority of Brooklyn Center, Minnesota (the “EDA”) in favor of Borrower, in the
amount of $1,100,000.00 (the “TIF Note”); and
WHEREAS, the Loan is guaranteed by Aeon, a Minnesota nonprofit corporation (the
“Guarantor”) pursuant to a Completion Guaranty executed by Guarantor in favor of Lender dated
December 28, 2021 (the “Guaranty”), guarantying the prompt and punctual payment of the
amounts due and owing under the Note, as more fully set forth in the Guaranty; and
WHEREAS, the Loan Purchase Agreement, the Note, the Mortgage, the Assignment
Agreement, the Pledge Agreement, the Assignment of TIF Agreement, and all other Loan
Documents (as defined and set forth in Section 3 of the Loan Purchase Agreement, and as
supplemented and amended pursuant to the terms of the Assignment and Assumption Agreement
(as defined herein)), are hereinafter referred to collectively as, the “Loan Documents”); and
WHEREAS, Original Borrower and Borrower entered into that certain Purchase
Agreement, dated December 22, 2021 (the “Purchase Agreement”), for the purposes more fully
set forth in the Purchase Agreement, including, but not limited to, the sale of the Property from
Original Borrower to Borrower, and the sale, assignment and assumption of the Loan and Loan
Documents from Original Borrower to Borrower; and
WHEREAS, pursuant to the Purchase Agreement, and certain other contracts and
agreements in relation thereto, Original Borrower agreed to transfer and assign all of its rights, title
and interest in the Property and under the Loan Documents to Borrower, and Borrower agreed to
purchase the Property and take assignment of and assume all rights, title, interest, l iabilities, and
obligations of Original Borrower in, under, and to all of the Loan Documents; and
WHEREAS, Original Borrower, Borrower and Lender entered into that certain Assignment
and Assumption of Certain Loan Documents dated October 26, 2022 (the “Assignment and
Assumption Agreement”), for the purposes more fully set forth in the Assignment and
Assumption Agreement, including, but not limited to, consenting to the transfer and sale of the
Property from Original Borrower to Borrower, and facilitating the sale, assignment and assumption
of the Loan and the Loan Documents from Original Borrower to Borrower.
WHEREAS, Original Borrower and Borrower executed an Allonge to Multifamily
Housing Revenue Note (Crest Apartments Project) Series 2021 dated October 26, 2022 (the
“Allonge to Note”), for the purposes more fully set forth in the Allonge to Note, including, but
not limited to, transferring all of Original Borrower’s rights, title, interest, liability and obligations
3.
under the Note to Borrower, along with approval and consent to the same by the Issuer and
ratification by the Issuer.
WHEREAS, Original Borrower, Borrower and Lender entered into that certain
Assignment, Assumption and Modification of Combination Mortgage, Security Agreement,
Fixture Filing and Assignment of Leases and Rents dated October 26, 2022, and recorded with the
Office of the Hennepin County Registrar of Titles on November 1, 2022, as Document
No. 5982470 (the “Modification of Mortgage”) for the purposes more fully set forth in the
Modification of Mortgage, including, but not limited to, transferring all of Original Borrower’s
rights, title, interest, liability and obligations in relation to the Property and replacing Original
Borrower with Borrower as the “Mortgagor” under the Mortgage on and after the Effective Date
thereof.
WHEREAS, Borrower and Lender entered into that certain First Amendment to Certain
Loan Documents dated December 7, 2023 (the “First Amendment”) for the purposes more fully
set forth in the First Amendment, including, but not limited to, exercising Borrower’s option
to extend the Mandatory Purchase Date and the Purchase Date (as defined in the Note) to June 28,
2024.
WHEREAS, Borrower has requested from the Lender the following changes: (i) to extend
the Purchase Date and Maturity Date to December 28, 2024; (ii) to change the Interest Rate set
forth in the Note to a fixed rate equal to 7.00% through the Purchase Date; and (iii) to charge a
modification fee in the amount of $46,093.32 in connection with the amendment concurrent
herewith and charge an additional modification fee in the amount of $92,186.65 on September 28,
2024, if the Loan is not paid in full by such date (collectively, the “Requested Changes”); and
WHEREAS, Lender has agreed to the Requested Changes, all as more fully set forth in this
Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the parties
hereby agree as follows:
1. The above recitals are hereby incorporated by reference.
2. All terms not defined in this Amendment shall have the meaning set forth in the
Loan Purchase Agreement.
3. As of the date hereof, the current principal amount of the Loan is $18,437,329.02.
Concurrent herewith, the Purchase Date and the Maturity Date of the Loan is hereby extended to
December 28, 2024. All references to the Purchase Date and Maturity Date in the Loan
Documents shall be to December 28, 2024. Borrower shall be required to continue to make
monthly payments of interest accrued on the Principal Balance under the Note on the 28th day of
each month.
4. Concurrent herewith, Issuer shall execute an [Amendment No. 1 to Multifamily
Housing Revenue Note (The Crest Apartments Project), Series 2021] and consented to by Lender
and Borrower, substantially in the form of Exhibit A attached hereto (the “Amendment to
4.
Note”), wherein the Purchase Date shall be changed to December 28, 2024, and the Interest Rate
will be changed to a fixed rate equal to 7.00% per annum. All references in the Loan Purchase
Agreement and Loan Documents to the Note from and after the Effective Date shall refer to the
Note as modified by the Amendment to Note.
5. Concurrent herewith, Borrower shall execute in favor of Lender a Modification of
Combination Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents,
substantially in the form of Exhibit B attached hereto (the “Modification of Mortgage”), wherein
the Maturity Date is hereby changed to December 28, 2024. Borrower shall be responsible to pay
the recording fees for the Modification of Mortgage. All references in the Loan Purchase
Agreement and Loan Documents to the Mortgage from and after the Effective Date shall refer to
the Mortgage as modified by the Modification of Mortgage.
6. By no later than July 15, 2024, the Borrower shall extend the maturity date of the
Letter of Credit (as defined in the Loan Purchase Agreement) to the date which is thirty (30) days
after the Purchase Date. Further, if such Letter of Credit is not extended pursuant to the terms
hereof by no later than July 15, 2024, the Lender may fully draw such Letter of Credit all in
accordance with Section 9.16 of the Loan Purchase Agreement.
7. Borrower shall be responsible for all outside attorneys’ fees and costs incurred by
the Lender in documenting this Amendment, the Modification of Mortgage and all other
documents entered into concurrent herewith. Further, the Borrower shall pay Lender a
modification fee in the amount of $46,093.32 concurrent herewith and if the Loan is not paid in
full by September 28, 2024, the Borrower shall pay Lender a modification fee in the amount of
$92,186.65 on September 28, 2024.
8. Borrower hereby reaffirms and acknowledges that all Loan Documents remain in
full force and effect with respect to the Loan except as specifically modified herein.
9. Borrower hereby reaffirms all representations, warranties and covenants made in
the Loan Documents (as defined in the Loan Purchase Agreement) as though made through the
Effective Date of this Amendment.
10. Borrower waives any and all claims or defenses it may have against Lender arising
on or prior to the Effective Date of this Amendment.
11. This document shall be governed and construed according to the laws of the State
of Minnesota.
12. This Amendment may be executed in counterparts, each of which shall be effective
upon delivery and thereafter shall be deemed an original, and all of which shall be taken as one
in the same instrument, for the same effect as if the parties hereto had signed the same signature
page.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY.]
BORROWER:
CREST LIMITED PARTNERSHIP,
a Minnesota Limited Partnership
By: AEON CREST GP LLC,
a Minnesota limited liability company
Its: General Partner
By:
Caroline Horton
Its: Vice President/Treasurer
Signature page to Second Amendment to Certain Loan Documents Loan #1124930
[Tax-Exempt Loan]
LENDER:
BRIDGEWATER INVESTMENT
MANAGEMENT, INC.,
a Minnesota corporation
By:
Nicholas Place
Its: Senior Vice President
Signature page to Second Amendment to Certain Loan Documents - Loan #1124930
[Tax-Exempt Loan]
2.
ACKNOWLEDGMENT OF GUARANTOR
Guarantor has unconditionally and irrevocably guaranteed the payment and performance
of certain debts, liabilities and obligations of Borrower to Lender, subject and pursuant to the terms
of the Completion Guaranty (the “Guaranty”) executed by Guarantor in favor of Lender dated
December 28, 2021, as may be amended from time to time, which obligations relate to the loan
documents evidencing the Loan (as defined in the Loan Purchase Agreement) for the Note (as
defined in the foregoing Amendment). Guarantor acknowledges that it has received a copy of this
First Amendment to Certain Loan Documents amending the loan documents for the Loan (as
defined in the Loan Purchase Agreement). Guarantor agrees and acknowledges that the Second
Amendment to Certain Loan Documents shall in no way impair or limit the rights of Lender under
Guarantor’s Guaranty, that Guarantor hereby confirms that, by Guarantor’s Guaranty, that
Guarantor continues to unconditionally and irrevocably guaranty the full prompt payment and
performance of the Guaranteed Obligations (as defined in the Guaranty), all as more fully set forth
in Guarantor’s Guaranty, subject and pursuant to the terms and provisions thereof and the liability
limitations therein. Guarantor hereby confirms that Guarantor’s Guaranty remains in full force and
effect, enforceable against Guarantor in accordance with its terms.
This Acknowledgment shall not be construed, by implication or otherwise, as imposing
any requirement that Lender notify or seek the consent of Guarantor, relative to any past or future
extension of credit, modification, extension or other action with respect thereto. In order for any
such extension of credit or modification, extension or other action with respect thereto be subject
to Guarantor’s Guaranty, it being expressly acknowledged and affirmed that Guarantor has under
Guarantor’s Guaranty consented to the modifications, extensions and other actions with respect
thereto without any notice thereof.
IN WITNESS WHEREOF, the undersigned Guarantor has executed this Acknowledgment
of Guarantor as of the date and year first written above.
AEON,
a Minnesota nonprofit corporation
By: ________________________________
Caroline Horton
Its: Chief Financial Officer
Signature Page to Acknowledgment of Guarantor to Second Amendment to
Certain Loan Documents - Loan #1124930 [Tax-Exempt Loan]
3.
EXHIBIT A
AMENDMENT TO NOTE
See attached.
EXHIBIT B
MODIFICATION OF MORTGAGE
See attached.
2986787.v2
THIS IS A MORTGAGE AMENDMENT, AS DEFINED IN MINNESOTA STATUTES,
SECTION 287.01 AND DOES NOT SECURE A NEW OR INCREASED AMOUNT OF DEBT.
THE ORIGINAL AMOUNT OF THE DEBT WAS $19,000,000.00 AND THE MORTGAGE
WAS EXEMPT FROM MORTGAGE REGISTRY TAX UNDER MINNESOTA STATUTES,
SECTION 287.04(6), AS AMENDED. NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, ENFORCEMENT OF THIS MORTGAGE IN MINNESOTA IS
LIMITED TO THE DEBT AMOUNT OF $19,000,000.00 UNDER CHAPTER 287 OF THE
MINNESOTA STATUTES.
MODIFICATION OF COMBINATION MORTGAGE, SECURITY AGREEMENT,
FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS
THIS MODIFICATION OF COMBINATION MORTGAGE, SECURITY
AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS (this
“Modification”) is made and entered into as of June [28], 2024, by and between CREST LIMITED
PARTNERSHIP, a Minnesota limited partnership, whose address is 901 North Third Street, Suite
150, Minneapolis, Minnesota 55401 (hereinafter called the “Mortgagor”), and BRIDGEWATER
INVESTMENT MANAGEMENT, INC., a Minnesota corporation, whose address is 4450
Excelsior Boulevard, Suite 100, St. Louis Park, Minnesota 55416 (herein called “Mortgagee”).
RECITALS
A. Mortgagee purchased from the City of Brooklyn Center, Minnesota (the “Issuer”),
a Multifamily Housing Revenue Note (The Crest Apartments Project) Series 2021 dated December
28, 2021, issued by the Issuer in the amount of Nineteen Million and 00/100 Dollars
($19,000,000.00) (the “Loan”), as amended pursuant to an Allonge to Multifamily Housing
Revenue Note (Crest Apartments Project) Series 2021 dated October 26, 2022, and an
[Amendment No. 1 to Multifamily Housing Revenue Note (The Crest Apartments Project) Series
2021 dated as of June [28], 2024 (collectively, the “Note”).
B. The Note is secured by a Combination Mortgage, Security Agreement, Fixture
Filing and Assignments of Leases and Rents dated December 28, 2023, executed by The Crest
Apartments LLC, a Minnesota limited liability company (the “Original Mortgagor”) in favor of
Issuer, dated December 28, 2021, recorded with the Hennepin County Registrar of Titles’ Office
on December 29, 2021, as Document No. 5907480, as Issuer’s interest was assigned to Mortgagee
- 2 -
pursuant to an Assignment of Combination Mortgage, Security Agreement, Fixture Filing and
Assignment of Leases and Rents dated December 28, 2021, executed and delivered by the Issuer
to and in favor of the Mortgagee, recorded with the Hennepin County Registrar of Titles’ Office
on December 29, 2021, as Document No. 5907481, as amended pursuant to an Assignment,
Assumption and Modification of Combination Mortgage, Security Agreement, Fixture Filing and
Assignment of Leases and Rents dated October 26, 2022, executed by and between the Original
Mortgagor, Mortgagor and Mortgagee, recorded with the Hennepin County Registrar of Titles’
Office on November 1, 2022, as Document No. 5982470 (collectively, the “Mortgage”),
encumbering a first mortgage lien on certain real property legally described therein (the
“Mortgaged Property”).
C. Mortgagor and Mortgagee desire to extend the Maturity Date of the Mortgage to
December 28, 2024.
NOW, THEREFORE, for the purposes aforesaid and in consideration of the mutual
covenants and agreements contained herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged by the parties hereto, it is agreed by the
parties as follows:
1. The Maturity Date of the Mortgage is hereby changed to December 28, 2024.
2. Except as specifically amended or modified herein, all of the terms, conditions and
covenants contained in the Mortgage shall remain in full force and effect and are hereby fully
ratified and confirmed. If and to the extent that any of the terms and provisions of the Mortgage
are in conflict with or inconsistent with any of the terms or provisions of this Modification, this
Modification shall govern.
3. Mortgagor represents and warrants to Mortgagee that as of the date of this
Modification, there are no claims, setoffs or defenses to Mortgagee’s exercise of any rights or
remedies available to it under the terms of the Mortgage.
4. The terms and conditions of this Modification shall be binding upon the parties
hereto and their respective successors and permitted assigns.
5. This Modification may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same agreement.
6. This Modification shall be governed by, and construed in accordance with, the laws
of the State of Minnesota, without giving effect to choice of law or conflict of law principles.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE TO FOLLOW.]
IN WITNESS WHEREOF, the parties hereto have caused this Modification to be duly
executed as of the day and year indicated above.
CREST LIMITED PARTNERSHIP,
a Minnesota Limited Partnership
By: AEON CREST GP LLC,
a Minnesota limited liability company
Its: General Partner
By:
Caroline Horton
Its: Vice President/Treasurer
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _______ day of June, 2024,
by Carline Horton, the Vice President/Treasurer of AEON Crest GP LLC, a Minnesota limited
liability company, as the General Partner of Crest Limited Partnership, a Minnesota limited
partnership, on behalf of the limited partnership, Mortgagor.
Notary Public
Signature Page to Modification of Combination Mortgage, Security Agreement,
Fixture Filing and Assignment of Leases and Rents – Loan #1124930
BRIDGEWATER INVESTMENT
MANAGEMENT, INC.,
a Minnesota corporation
By:
Nicholas Place
Its: Senior Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on this ______ day of June, 2024, by
Nicholas Place, as Senior Vice President of Bridgewater Investment Management, Inc., a
Minnesota corporation, on behalf of said corporation.
Notary Public
THIS INSTRUMENT PREPARED BY:
Messerli & Kramer P.A. (MRJ)
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402-1217
(612) 672-3600
Signature Page to Modification of Combination Mortgage, Security Agreement,
Fixture Filing and Assignment of Leases and Rents – Loan #1124930
C ouncil R egular M eeng
DAT E:6/24/2024
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:Res olu/on Regarding Recommended D is pos i/on of P lanning Commission A pplica/on No.
2024-006 S ubmi4ed by C A lan H omes L L C for Re-approval of the P reliminary and F inal
P lats for Roberts on and Brekke Brooklyn Boulevard A ddi/on (6025, 6031, 6037, and 6045
Brooklyn Boulevard)
Requested Council A con:
- Moon to adopt a r esoluon appr oving P lanning C ommission A pplicaon No. 2 0 2 4 -0 0 6 for re-approval
of the preliminar y and final plat for Robertson and Brekke Br ookly n Boulevar d A ddion, and commonly
addressed as 6 0 2 5 , 6031, 6037, and 6045 Brookly n Boulevard, based on the findings of fact and submi+ed
documentaon, as amended by the condions of approval in the resoluon.
B ackground:
C A lan H omes L L C (“T he A pplicant ”) is reques/ng r e-approv al of a pr eliminar y and final plat for
R O B E R T S O N A N D B R E K K E B R O O K LY N B O U L E VA R D A D D I T I O N , which was ini/ally approv ed by C ity
Council under P lanning C ommis s ion A pplica/on N o. 2 0 2 0 -0 0 4 and C ity Council Resolu/on No. 2020-067.
S aid applica/on als o included requests for approval of a site and building plan and es tablishment of a
P lanned Unit D evelopment for a s eries of s even (7) triplexes and r elated site improv ements on what w as
formerly land ow ned by the C ity of B rook lyn C enter Economic D ev elopment A uthority (E DA ), and
commonly addres s ed as 6025, 6031, 6037, and 6045 Brooklyn Boulevard (“The S ubject P roperty ”).
A lthough the A pplicant s uccessfully purchas ed the S ubject P roperty in late 2020, and a single P urchas e and
D evelopment A greement w as executed for w hat w ere tw o sets of proper/es intended for a sca4ered s ite
triplex development, the A pplicant and P roperty O w ner ran into delays with the S ubject P roperty, which
w as the firs t to go under construc/on. T his was ini/ally follow ing a reques t by H ennepin C ounty that
certain property contained w ithin the plat be quit claimed to the C ounty for highw ay right-of-way purposes .
This res ulted in the need for a par/al release of the P ur chas e and D evelopment A greement and D eclara/on
of Restric/ve C ovenants and Q uit C laim D eed for this property in March 2022. I t was als o dur ing this /me
frame that the A pplicant and P roperty O wner ran into is s ues w ith their lender, w hich res ulted in tw o years'
of li/ga/on to keep the development afloat.
I n total, the S ubject P roperty, know n as “the S outh S ite,” and North S ite, w hich is under s eparate
cons idera/on for pr eliminar y and final plat re-approvals (P lanning Commission A pplica/on N o. 2024-007),
w ere to provide a combined total of 39 dw elling units acros s 13 triplexes.
The A pplicant has indicated that they are now in the proces s of r e-financing the project and have partnered
w ith developer D evean G eorge; how ever, the preliminary and final plats require a re-approval from the C ity
and the A pplicant will also require approv al of a new per formance agr eement and an amended
D evelopment A gr eement, as they ar e currently in default giv en the pr oject was not completed within the
/meframe outlined. Thes e items are to be considered separately aJer this item and at the J une 2 4 , 2024
Council and E DA mee/ngs as w ell.
D evelopment A gr eement as ide, the long ov er due re-plat w ould help address certain issues affec/ng the
S ubject P roperty, and als o known as the S outh S ite, including: the pr es ence of two triplex buildings on one
(1) parcel of land, where there should be one (1) parcel per triplex. A ddi/onally, certain s idewalk
maintenance and u/lity easements were vacated and recorded w ith H ennepin C ounty in late 2020. A s the
new plat, w hich contains new dr ainage and u/lity eas ements, has y et to be recorded, the C ity technically
does not hav e acces s to the S ubject P roperty for any u/li/es ins talled as par t of the triplex development
thus far. A s ec/on of public trail, w hich runs along Brook lyn B oulev ar d, appears to hav e not been dedicated
as part of the Brooklyn Boulevard project and would als o require filing with the plat, s hould it be approved.
A public hearing no/ce was published in the Br ookly n Center S un Post on A pril 25, 2024. M ail no/fica/ons
w ere s ent to thos e property ow ners and res idents located in vicinity of the S ubject P roperty, and a public
hearing no/ce uploaded to the City ’s w ebsite. A link to the public hearing no/ce was als o publis hed on the
City ’s w ebs ite and s ent out by email to s ubs cribers of the C ity ’s w eekly events bulle/n. C ity s taff was in
receipt of one public comment received by email prior to the public hearing.
A lthough the public hearing w as s cheduled for the May 9, 2024 P lanning C ommis s ion mee/ng, the
A pplicant reques ted the public hearing be con/nued to the J une 1 3 , 2024 P lanning C ommis s ion mee/ng
follow ing phone and email communica/on r eceived, and as the A pplicant was unable to a4end the M ay 9
hearing. A 6 0 -day le4er of extension w as is s ued to the A pplicant on M ay 10, 2024 outlining that the review
period had been extended to A ugus t 7, 2 0 2 4 , and per M innesota S tatutes S ec/on 1 5 .99. S ubd. 3(f). A s
members of the public w er e pres ent at the M ay 9 and J une 13, 2024 P lanning C ommis s ion mee/ngs , the
P lanning C ommis s ion did accept public comment at both mee/ngs.
Comments provided by the public r egar ding the C A lan H omes S outh S ite included clarifying ques /ons on
how many buildings w ould be located on each lot, overgrown grass on the S ubject P roperty and
maintenance concerns , parking concerns , and frus tra/on with the developer ’s financing and inability to
finis h cons truc/on on the S outh S ite. Thes e concerns were prov ided by res idents r es iding near the C A lan
H omes’ N orth S ite—no comments w ere prov ided by res idents , bus ines s es , or property owners in proximity
to the S outh S ite.
Following close of the public hearing on June 13, 2024, P lanning Commission recommended (3-2) C ity
Council approv al of the preliminary and final plats for the Robertson and Br ek ke B rook lyn Boulevard
A ddi/on.
City staff has included a copy of the last revis ed P lanning Commission Report for the r eques ted re-approval
of the preliminary and final plats for Rober ts on and Br ek ke Brook lyn Boulevard A ddi/on, and commonly
addressed as 6025, 6031, 6037, and 6045 Br ookly n Boulevard. A n excer pt of the appr oved, but unsigned
May 9 , 2024 P lanning C ommis s ion mee/ng minutes, which were approved at the J une 1 3 , 2024 mee/ng,
are included, as w ell as an excerpt of the dra- June 13, 2024 P lanning Commission mee/ng minutes .
B udget I ssues:
None to cons ider at this /me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip/on U pload D ate Type
S taff Reports and Exhibits (Revis ed) - C A lan H omes - S outh S ite
- P reliminary and F inal P lat 6/18/2024 Backup M aterial
Res olu/on - P C A pplica/on No. 2024-006 - P lat - C A lan S outh 6/19/2024 Resolu/on Le4er
B C P lanning Commission- A pproved Minutes Excerpt-C A lan
S outh (05.09.2024)6/19/2024 Backup M aterial
B C P lanning Commission - D raJ Minutes Excerpt C A lan
(6.13.24)6/21/2024 Backup M aterial
App. No. 2024-006
PC 05/09/2024 | Revised 06/13/2024
Page 1
Planning Commission Report
Meeting Date: May 9, 2024
Revised: June 13, 2024
Application No. 2024-006
Applicant: C Alan Homes LLC
Location: 6000 Block of Brooklyn Boulevard (6025, 6031, 6037, and 6045 Brooklyn
Boulevard)
Request: Preliminary and Final Plat (Re-approval)
Map 1. Subject Property.
REQUESTED ACTION
C Alan Homes LLC (“The Applicant”) is requesting re-approval of a preliminary and final plat for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION (Exhibit A), which was initially approved by
City Council under Planning Commission Application No. 2020-004 and City Council Resolution No. 2020-
067—refer to Exhibit B. Said application also included requests for approval of a site and building plan
and establishment of a Planned Unit Development for a series of seven (7) triplexes and related site
improvements on what was formerly land owned by the City of Brooklyn Center Economic Development
Authority (EDA), and commonly addressed as 6025, 6031, 6037, and 6045 Brooklyn Boulevard (“The
Subject Property”).
Although the Applicant successfully purchased the Subject Property in late 2020, and a single Purchase
• Application Filed: 04/09/2024
• Review Period (60-day) Deadline: 06/08/2024
• Extension Declared: Yes
• Extended Review Period Deadline: 08/07/2024
App. No. 2024-006
PC 05/09/2024 | Revised 06/13/2024
Page 2
and Development Agreement was executed for what were two sets of properties intended for a
scattered site triplex development, the Applicant and Property Owner ran into delays with the Subject
Property, which was the first to go under construction. This was following a request by Hennepin County
that certain property contained within the plat be quit claimed to the County for right-of-way purposes.
This resulted in the need for a partial release of the Purchase and Development Agreement and
Declaration of Restrictive Covenants and Quit Claim Deed for this property in March 2022.
In total, the Subject Property, known as “the South Site” (refer to Planning Commission Application No.
2020-004) and North Site (refer to Planning Commission Application No. 2020-005 and City Council
Resolution No. 2020-068) were to provide a total of 13 triplexes and 39 dwelling units.
It was during this time frame that the Applicant’s lender stopped funding the project and the Applicant
entered into two years of litigation to keep the development afloat. The request for re-approval of the
preliminary and final plats is more imminent at this time as the Applicant and Property Owner recently
entered into a voluntary foreclosure proceeding with a short redemption period.
The Applicant has indicated that they are now in the process of re-financing the project and have
partnered with developer Devean George; however, the preliminary and final plats require a re-approval
from the City and the Applicant will also separately require approval of an Amended Development
Agreement as they are currently in default given the project was not completed within the timeframe
outlined.
It should be noted that, Development Agreement aside, the long overdue re-plat would help address
certain issues, including the presence of two triplex buildings on one (1) parcel of land, where there
should be one (1) parcel per triplex.
Map 2. Subject Property with Triplexes (Under Construction).
App. No. 2024-006
PC 05/09/2024 | Revised 06/13/2024
Page 3
Due to the nature of the requests, 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
located in vicinity of the Subject Property, and a public hearing notice uploaded to the City’s 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. City staff is in receipt of one public comment received by
email (to date).
Although the public hearing was scheduled for the May 9, 2024 Planning Commission meeting, the
Applicant requested the public hearing be continued to the June 13, 2024 Planning Commission meeting
following phone and email communication received, and as the Applicant was unable to attend the May
9 hearing. A 60-day letter of extension was issued to the Applicant on May 10, 2024 outlining that the
review period had been extended to August 7, 2024, and per Minnesota Statutes Section 15.99. Subd.
3(f).
Since the original approvals, a new Unified Development Ordinance has been adopted (January 2023).
As such, City staff went ahead and reviewed the preliminary and final plats against the updated
provisions.
City staff has been in communication with the Applicant’s surveyor, W Brown Land Surveying, who
prepared the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN BOULEVARD
ADDITION. It should be noted that the attached final plat had already been approved by Hennepin
County for filing, but was not recorded within the designated timeframe. In reviewing County filings, City
staff further confirmed that the easements vacated in conjunction with the original plat approvals in
2020 were filed with the County (Exhibit B). These include certain sidewalk, maintenance, and utility
easements located on three of the four existing parcels.
Site Data
2040 Land Use Plan: N-MU (Neighborhood Mixed Use)
Neighborhood: Kylawn
Current Zoning: MX-N1 (Neighborhood Mixed-Use) District
Site Area: 1.65 acres
Surrounding Area
Direction 2040 Land Use Plan Zoning Existing Land Use
North Neighborhood
Mixed-Use
MX-N2 (Neighborhood
Mixed-Use)
Undeveloped (Under Construction
– Wangstad Commons)
South Low-Density
Residential
R1 (Low Density Residential) Single Family Detached
East Neighborhood
Mixed-Use
MX-N2 (Neighborhood
Mixed Use)
Brooklyn Boulevard | Commercial
West Low-Density
Residential
R1 (Low Density Residential) Single Family Detached
Note: The Subject Property is located within the identified Brooklyn Boulevard Overlay District under
the 2040 Comprehensive Plan.
App. No. 2024-006
PC 05/09/2024 | Revised 06/13/2024
Page 4
PRELIMINARY AND FINAL PLAT (RE-APPROVAL)
The preliminary and final plat for what would be known as ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION would subdivide four (4) existing parcels into seven (7) new parcels and an outlot
to accommodate the seven (7) triplexes at the Subject Property located south of 61st Avenue North and
west of Brooklyn Boulevard.
As noted previously, the Applicant and Property Owner ran into delays both with Hennepin County and
with their lender which resulted in their preliminary and final plats, which were approved by City Council
in 2020, being considered void as outlined under Section 35-8107.5 (Final Plat).
Although the original 2020 plat request contemplated a proposed outlot, City staff had requested that
this be absorbed into proposed lot #7. In reviewing the County approved plat, this has been addressed;
however, the preliminary plat of record was not updated to reflect this change, along with other
detailing. The removal of the outlot was intended to provide clarity in terms of maintenance should the
Applicant ever sell the Subject Property and given the shared drive aisle, surface parking, and utilities
running along the west side of the Subject Property.
City staff reached out to the Hennepin County Survey Division and they confirmed they still have the plat
information on file; however, because two (2) years have passed since the initial approval, they would
require updated/current title work, which the City also requires, as well as the most recent copy of the
plat.
As part of the 2020 application and review, it was requested that legal descriptions and easement
vacations for all existing easements and certain vacations of existing public easements, as determined
by the City, be submitted. The Applicant shall also provide and maintain a current abstract of title/title
commitment for City Attorney and Hennepin County review.
A 10-foot drainage and utility easement was noted as required for dedication around the entire
perimeter of the Subject Property. An additional utility easement shall be dedicated on the plat to allow
for any future maintenance of private water mains and sanitary sewer per Development Agreement
requirements. The plat approved by the County denotes Drainage and Utility Easements to be dedicated
along the west side of the Subject Property for infrastructure, as well as a detailing noting a 10-foot wide
easement for adjoining right-of-way (ROW), unless otherwise indicated, and a 5-foot wide easement
along the adjoining lot lines.
Former Assistant City Engineer, Andrew Hogg, initially reviewed plans and provided a memorandum and
a redlined set of comments, dated August 17, 2020 (Exhibit D). All engineering comments were to be
addressed. In reviewing the preliminary and final plat for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION, as well as County records, it was noted that certain trail easement did not
appear to be reflected on the plat. Given the work conducted along Brooklyn Boulevard as part of the
Phase II construction, City staff requested that the plats be updated to reflect the dedication of this
easement and per construction plans on file.
It should be noted that an as-built survey will be required upon project completion, and inspection for
the private site improvements is to be performed by the Applicant’s design/project engineer with
certification required upon project completion.
App. No. 2024-006
PC 05/09/2024 | Revised 06/13/2024
Page 5
CONDITIONS OF APPROVAL
City Staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. 2024-006 for the Subject Property located within the
6000 Block of Brooklyn Boulevard and comprised of 6025, 6031, 6037, and 6045 Brooklyn Boulevard,
and for re-approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION:
1. Re-approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION are contingent upon the addressing of any remaining comments by
Assistant City Engineer Hogg in his memorandum dated August 17, 2020.
a. The preliminary and final plat shall be further revised to dedicate certain trail easement.
2. The preliminary plat, final plat, and mylar shall be subject to the provisions as outlined under
Chapter 35 (Unified Development Ordinance), Section 35-8106 (Preliminary Plat) and Section 35-
8107 (Final Plat).
a. The preliminary plat shall be reviewed against the most recent version of the final plat
approved by Hennepin County and updated accordingly.
b. The preliminary plat shall be updated to reflect the existing zoning classification and
total approximate acreage.
3. Any comments and/or requirements as provided by Hennepin County.
4. Any comments and/or requirements from the City Attorney’s office, and specifically regarding
an updated certified abstract of title/title commitment.
5. The successful recording of said plat (mylar) with Hennepin County.
The aforementioned comments are provided based on the information submitted by the Applicant and
Property Owner at the time of this review and specifically for the requested preliminary and final plat
for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION. Other guarantees and site
development conditions may be further prescribed throughout the project as warranted and
determined by the City.
RECOMMENDATION
Based on the above noted findings and conditions above, City staff recommends the Planning
Commission recommend City Council approval of Planning Commission Application No. 2024-006 for
the requested re-approval of the preliminary and final plat for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION for the Subject Property located on what is currently known as 6025, 6031,
6037, and 6045 Brooklyn Boulevard, based on the findings of fact and subject to the Applicant
complying with the Conditions of Approval as noted above.
Attachments
Exhibit A- Planning Application No. 2024-006 and documentation, submitted by C Alan Homes, LLC, and
dated April 9, 2024.
Exhibit B- City Council Resolution Nos. 2020-067 and 2020-091, and Hennepin County Document No.
5773408 for notice of Completion of Vacation Proceedings.
Exhibit C- Public Hearing Notice, dated April 25, 2024, as published in the Brooklyn Center Sun Post, and
60-day extension letter, dated May 10, 2024.
Exhibit D- Memorandum and Exhibits, prepared by Assistant City Engineer Andrew Hogg, and dated
August 17, 2020 for Planning Commission Application No. 2020-004.
Exhibit A
To: City Council Members
From: Terry Robertson
With: C Alan Homes, LLC
Re: Development Agreement
City Council Members,
We wanted to reach out to you to request having our Developer Agreement extended to allow our company to
finish the Development located at 61st and Brooklyn Blvd and 69th and Brooklyn Blvd. Our Development was de-
railed by the lender when they stopped funding our project under the guise of claiming they did not know there
was infrastructure on the project. The City staff at the time quickly exposed them for being less than honest.
Infrastructure is on all the plans, the proforma, they paid the infrastructure bills, convinced us to do the
infrastructure in a piece meal fashion instead of finishing all the work at once and they monitored the project on a
weekly basis. Thus overseeing the infrastructure. What followed was 2 years of litigation where we spent over
$200,000 fighting to keep our Development from being taken from us. We fought because we did not do anything
to be in default. Ultimately, after a prolonged fight they agreed to give the project back to us. We are now in the
process of getting it refinanced. We signed a voluntary foreclosure in order to stop the bleeding. But it gave us
additional time to get the project funded and beat the foreclosure timeline of June 15th, 2024.
I have secured a successful developer and friend of mine (Devean George) to partner with us in order to get
funded and help push the project through to the finish line. We feel he is a tremendous addition to our team.
When funded this will allow us to pay off subs, pay off the lender and finish the infrastructure at both sites in the
first phase. This should take 3-4 weeks. The second phase will involve finishing the items remaining to get the
certificate of occupancy on the two buildings/6 apartments that are currently constructed. We project this will
take approximately a month. We will then start construction on the remaining 5 buildings/15 apartments on 61st
and Brooklyn Blvd. We will start three of the five and when we get to interior rough in we will start the remaining
two buildings. Building the 5 buildings/15 apartments will take approximately 1 year. We will try and start
construction on the 6900 Block site right after we get the remaining two buildings at the first site framed. Our
excavators, concrete crews and framers will be scheduled to move from the first site immediately after digging,
concrete work and framing down to the second site to start the 6900 site in that order. If we plan it right, we
should be able to button up the complete development (39 Luxury apartments) within 18-20 months.
Our team is prepared to get the final plats signed off on as soon as we can get the Council’s approval to move
forward on finishing the project. We feel with the addition of Devean George to our team it will bring an added
expertise to the project. Also, the lenders we are interviewing now have all been vetted better than we did before
with the previous lender. So, we don’t anticipate any problems from the new lender.
We have fought with our time and money to try and see this project (our vision) through to the end. We believe
this will help give the City of Brooklyn Center a higher profile around the Twin Cities. We look forward to seeing
this project to completion.
Terry Robertson
President
C Alan Homes, LLC
763-228-1785
Exhibit B
1
Member Graves introduced the following resolution and moved its adoption:
RESOLUTION NO. 2020-091
A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 4, BLOCK 5,
WANGSTAD’S BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA AND LOT 1,
BLOCK 1, PEARSON’S NORTHPORT 3RD ADDITION, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the Planning Commission has recommended approval for the plat entitled
Robertson and Brekke’s Brooklyn Boulevard First Addition (the “Plat”) based on certain conditions as
set forth in the City Council Resolution No. 2020-067 and Planning Commission Resolution No. 2020-
005; and
WHEREAS, the Plat includes certain real property situated in Hennepin County located
at 6031 Brooklyn Blvd; 6037 Brooklyn Blvd; and 6045 Brooklyn Blvd all located within the City of
Brooklyn Center and as legally described on the attached Exhibit A (the “Properties”);
WHEREAS, certain public easements currently exist on the Properties which as a result
of the Plat are either no longer needed, or are being replaced by new easements covering the Properties
within the Plat; and
WHEREAS, the specific easements proposed to be vacated are as legally described
on the attached Exhibit B and as depicted on the attached Exhibit C (collectively the “Vacated
Easements)”:
WHEREAS, after due notice and public hearing, the City Council has determined that
the Vacated Easements will be no longer needed once the Plat is recorded; and the vacation of the
Vacated Easements is in the public interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The City hereby declares that the Vacated Easements described in the attached Exhibit
B and as depicted on the attached Exhibit C are hereby vacated.
2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings
and to record it with the Hennepin County Recorder or Hennepin County Registrar of
Titles, as appropriate; provided, that this resolution will only take effect upon the release
and filing of the final plat of Robertson and Brekke’s Brooklyn Boulevard First Addition,
execution and filing of associated and separate rededicated easements, and upon
execution and filing the subdivision agreement for said associated development.
Adopted this 12th day of October, 2020
2
Mayor Pro Tem
ATTEST: _______________________________
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Graves, Lawrence-Anderson, Ryan
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
A-1
Exhibit A
Legal description of the Properties
Parcel 1:
Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet
Southwesterly of the following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West, distant 1741.08
feet West of the Southeast corner thereof, run Northwesterly at an angle of 68 degrees 01 minutes
52.3 seconds with said South section line for 432.38 feet to the point of beginning of the line to be
described; thence run Southeasterly along the last described course for 100 feet; thence deflect to
the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2 seconds) for 867.16
feet and there terminating. Block 1, Pearson's Northport 3rd Addition.
Torrens Property
Torrens Certificate No. 1392052.
PID: 0311821120015
Parcel 3:
That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North
of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace.
Torrens Property
Torrens Certificate No. 1483315.
PID: 0311821120098
Parcel 4:
That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North of,
measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace.
Torrens Property
Torrens Certificate No. 1483312.
PID: 0311821120087
B-1
Exhibit B
Legal description of the Vacated Easements
Vacated Easement over Parcel 1:
Lot 1, Block 1, Pearson's Northport Third Addition, according to the duly recorded plat thereof,
situate in Hennepin County, Minnesota, except State Highway, which lies northeasterly of a line run
parallel with and distant 46 feet southwesterly of the following described line:
From a point on the south line of Section 34, Township 119 north, Range 21 west, distant 1741.08
feet west of the southeast corner thereof, run northwesterly at an angle of 68° 01' 52.3" with said
south section line for 432.38 feet to the point of beginning of the line to be described; thence run
southeasterly along the last described course for 100 feet; thence deflect to the right on a 2° 00 curve
delta angle 17° 20' 35.2") for 867.16 feet and there terminating.
Vacated Easement over Parcel 3:
The south 138 feet of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition, according to the title
of record, Office of the Registrar of Titles, Hennepin county, Minnesota, which lies within a
distance of 10 feet southwesterly of the southwesterly boundary of State Highway No. 152 as now
located and traveled.
Vacated Easement over Parcel 4:
That part of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition; lying north of a line drawn
parallel with and 138 feet north of as measured at right angles to the south line of said Lot 4,
according to the duly recorded plat thereof, office of the Registrar of Titles, Hennepin county,
Minnesota, which lies within a distance of 5 feet southwesterly of the southwesterly boundary of
State Highway No. 152 as now traveled and located.
C-1
Exhibit C
Depiction of the Vacated Easements
Transfer from:1323697
Certificate Number: 1392052
Originally registered April 22, 1955 Volume: 764, Certificate No: 232063, District Court No: 12294
s.s.Registration
Subject to restrictions created by the record found in Book 2034 of Deeds, page 506;
Subject to drainage, emergency water and utility easements as described in the plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T459044 Order of Court May 5, 1955 8:00 AM
Directing that Judicial Landmark be shown as placed at the Northeast
corner of said lot
T1062481 Easement Feb 22, 1973 10:55 AM
City of Brooklyn Center. Granting an easement for sidewalk purposes
over pt of above land (See Inst)
T1809325 Mortgage Mar 4, 1987 9:00 AM $58,750.00
Residential Financial Corp (a NJ corp)
1445 Valley Road, Wayne, NJ
Created by Document Number:5196899
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, Minnesota, whose address is 6301 Shingle Creek Parkway,
Brooklyn Center, Minnesota, 55430;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the
following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West, distant 1741.08 feet West of the
Southeast corner thereof, run Northwesterly at an angle of 68 degrees 01 minutes 52.3 seconds with said South section
line for 432.38 feet to the point of beginning of the line to be described; thence run Southeasterly along the last described
course for 100 feet; thence deflect to the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2
seconds) for 867.16 feet and there terminating. Block 1, Pearson's Northport 3rd Addition.
Page 1 of2CertificateNumber: 1392052 This is a non-certified copy
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of September, 2014.
Indexes Verified through 8/11/2020
Page 2 of2CertificateNumber: 1392052 This is a non-certified copy
Transfer from:1325024
Certificate Number: 1483315
Originally registered May 17, 1955 Volume: 769, Certificate No: 233667, District Court No: 12479
s.s.Registration
Part of the boundaries of the above plat have been determined and Judicial Landmarks have been set, all pursuant to Torrens
Case No 8655;
Subject to utility easements as shown on the plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed
by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T625441 Declaration May 4, 1960 12:00 PM
Creating restrictions & conditions & covenants
See Inst)
T661790 Agreement Jul 5, 1961 12:00 PM
Between Homedale Builders, Inc., Fred William Ames &
Ben Holmes & Carol J. Holmes, hus & wf. Amending set-back
requirement as contained in Doc No. 625441
See Inst)
T662452 Order of Court Jul 12, 1961 11:15 AM
Directing that the setback provision contained in Doc No. 625441 has
been modified by agreement contained in Doc No. 661790.
T692814 Agreement Jun 4, 1962 3:10 PM
Between Homedale Builders, Inc. &
Ben Holmes & Carol J. Holmes, hus & wf.
Amending Par 5 in Doc No. 625441
See Inst)
T914924 Final Certificate Jul 17, 1968 2:00 PM
State of Minnesota: Acquiring certain easements and rights for trunk
highway purposes over part of above land.
Parcel 25
Created by Document Number:5609800
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, Minnesota, a MN public body corporate and politic, whose address
is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55429;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North of, measured at right angles
to, the South line of said Lot 4, Wangstad's Brooklyn Terrace
Page 1 of2CertificateNumber: 1483315 This is a non-certified copy
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T1032875 Easement Jun 2, 1972 11:10 AM
City of Brooklyn Center. Granting an easement for
sidewalk purposes &c over pt of above land.
See Inst)
T1484376 Amendment Oct 7, 1982 10:00 AM
State of Minnesota. For highway purposes
Parcel No. 35.
Amending Doc No. 914924.
T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM County of Hennepin from State of Minnesota for highway purposes
Land in Doc No. 1484376.
T5609799 Memorial Plat May 2, 2019 9:00 AM Regarding location of judicial landmarks.
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of May, 2019.
Indexes Verified through 8/11/2020
Page 2 of2CertificateNumber: 1483315 This is a non-certified copy
Transfer from:1314308
Certificate Number: 1483312
Originally registered May 17, 1955 Volume: 769, Certificate No: 233667, District Court No: 12479
s.s.Registration
Part of the boundaries of the above plat have been determined and Judicial Landmarks have been set, all pursuant to Torrens
Case No 8655;
Subject to utility easements as shown on plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed
by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T914924 Final Certificate Jul 17, 1968 2:00 PM
State of Minnesota. For highway purposes
Parcel No 36
T1060420 Easement Jan 26, 1973 3:30 PM
City of Brooklyn Center. Granting an easement for sidewalk purposes
over pt of above land (See Inst)
T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM
County of Hennepin from State of Minnesota for highway purposes.
Land in Doc No 1484376
T5609799 Memorial Plat May 2, 2019 9:00 AM Regarding location of judicial landmarks.
Created by Document Number:5609800
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center Minnesota a Minnesota body corporation and politic, whose address
is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North of, measured at right angles
to, the South line of said Lot 4, Wangstad's Brooklyn Terrace
Page 1 of2CertificateNumber: 1483312 This is a non-certified copy
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of May, 2019.
Indexes Verified through 8/11/2020
Page 2 of2CertificateNumber: 1483312 This is a non-certified copy
Exhibit C
May 10, 2024
C Alan Homes LLC
Attn: Terry Robertson
19782 Henning Avenue
Lakeville, MN 55044
RE: City of Brooklyn Center, MN Planning Commission Application No. 2024-006
Request for Re-Approval of the Preliminary and Final Plats for Robertson and Brekke Brooklyn
Boulevard Addition
Mr. Robertson,
Pursuant to Minnesota Statutes Section 15.99, the City of Brooklyn Center is required to approve or deny
a written request for certain land use actions within sixty (60) days from receipt of an application.
Community Development Department records indicate the City received the above-referenced
application and documentation on April 9, 2024, which means the City’s 60-day time limit would expire
on June 8, 2024.
By allowances granted under Minnesota Statutes Section 15.99, Subd. 3(f), the City of Brooklyn Center is
hereby providing official notice that the review period has been extended an additional sixty (60) days
per email and phone communication received from you on May 9, 2024 that noted your inability to
attend the scheduled public hearing at the May 9, 2024 Planning Commission meeting, and your request
to continue the public hearing to the June 13, 2024 Planning Commission meeting so that you could
attend. The new deadline for completing the review and final action on this application is now August 7,
2024.
As the public hearing had already been published in the Brooklyn Center Sun Post for the May 9, 2024
Planning Commission meeting, the Planning Commission opened the hearing to receive public comment as
there was representation from the public and elected to continue the public hearing to the June 13, 2024
Planning Commission Meeting, to be held at 7 p.m. at Brooklyn Center City Hall, located at 6301 Shingle
Creek Parkway, Brooklyn Center, MN 55430.
If you have any questions or concerns, please feel free to call me at (763) 569-3319 or by email at:
gmcintosh@brooklyncentermn.gov.
Sincerely,
Ginny McIntosh
Planning Manager
From: Luba Evarts
Sent: Thursday, May 9, 2024 5:57 AM
To: Ginny McIntosh
Subject: C Alan homes
Council members
I would like to open this letter by reminding our Mayor of an article dated Nov. 2023 about how
frustrated she was with the planning process and was quoted as saying
"It doesn't feel like you've listened"
to Mike Lindberg of MNDOT.
When this was first proposed I was very against the overcrowding (as I see it) of my neighborhood, still
am. Please understand that I am not against the development of this property, I am against the
overcrowding, the lack of parking, the lack of green space that would be available to the residents. It
was proposed to have 30 parking spaces available for 18 residences. I believe the city of Brooklyn center
requires 2 parking spaces per residence. You, city of Brooklyn center council members has rejected
other housing proposals because of parking issues. This was an office building to change into an
apartment building, but was rejected for concerns of parking. And a couple other things.
Yet you council members passed this ridiculousness. You city council members, shut us down - you did
not take into consideration our concerns.
It doesn't feel like you've listened.
Hmmmm
C Alan homes seems to be having a difficult time finishing the first two (of seven) buildings at 60th and
Brooklyn Blvd. It has been 4 YEARS since it has begun and but not yet completed or opened for rent.
Their reliability is questionable. This is such a disservice to our community. I really don't want to live in a
continuous construction zone. If it takes 4 + years to complete 2 triplexes, how long will it take to
complete 7? Or 13?
And why can't I attend a meeting
IN PERSON????
A concerned 30+ year resident
Luba Evarts
M E M O R A N D U M
DATE: August 17, 2020
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: Andrew Hogg, Assistant City Engineer
SUBJECT: Preliminary Site Plan & Plat Review – Revised
Brooklyn Boulevard 6000 Brooklyn Blvd Tri-plexes
Public Works staff reviewed the following documents submitted for review for the proposed 6000
Brooklyn Blvd Tri-plexes (Planning Commission Application No. 2020-004):
Preliminary Plans and plat submitted 07/24/2020
Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the
following comments/revisions and approved prior to issuance of Land Alteration permit.
C000 Title Sheet
1. No comments.
C100 Removals Plan
2. Right of Way along Brooklyn Blvd is owned by Hennepin County. Obtain necessary permits
prior to work with in Hennepin County Right of Way.
3. Protect existing bus stop sign along Brooklyn Blvd. Coordinate with Metro Transit to maintain
bus service.
4. Remove the existing sidewalk from bus stop to south end of property.
5. Remove curb for proposed concrete drive to Brooklyn Blvd.
6. Remove existing service stubs to back of curb along Brooklyn Blvd.
7. Removal for utility connections in street shall extent curb to curb or to drive lane, no partial
width removals.
C200, 202 and 202 – SWPPP Plans
8. No comments.
C210 and 211 – Erosion Control Plans
9. No comments.
C300 – Site Plan
10. Need to provide parallel sidewalk along back side of new curb.
11.All utilities and storm water management facilities to be within a drainage & utility easement.
12. Remove curb bump outs or relocate to property lines.
13. Add No Right Turn sign on Brooklyn Blvd for south exit.
14. Show location of ADA stalls & access routes.
15. Only 40 stalls shown on plans (lost 2 for trash) – should provide 2.5 stalls per unit.
16. Reduce width of exit to 1 lane of traffic (12’-15’ or 20’ if part of emergency access route).
17. Eliminate southern lot (incorporate into most southern building lot).
18.Site triangles at entrance/exits of development shall be free and clear of any obstructions.
Exhibit D
PC Review Memo (Revised), August 17, 2020
19. Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and
garbage trucks demonstrating specific and actual routes.
20. Use City Detail for City driveway aprons.
21. Developer removes the existing sidewalk and installs a 1.5" bituminous trail to ensure that their
grading and elevations work. There is approximately 375’ of trail from the south property line to
the bus stop pull off. The City Brooklyn Blvd Project will then install the final 1.5" bituminous
lift on the trail and the pedestrian curb ramp at 61st Avenue with the road project.
C400 – Grading and Drainage Plan
22. All city roadway embankment material installed within pavement patching areas of existing
roadways shall be placed in lifts not to exceed 8-inches and compacted to a minimum of 100
percent of maximum density regardless of depth below the final pavement surface. The
Engineer shall take a minimum of three (3) compaction tests at varying elevations within the
pavement patch area.
23. Provide retaining wall elevations/grades.
24. Retaining walls over 3’ in height need to be certified by engineer and must include a safety
railing/fence.
25. Verify constructability of OCS4, CBMH5 & CBMH6 with 36” pipe.
26. Verify that OCS4 to CBMH6 can be constructed without encroaching on adjacent property.
27. Storm sewer & infiltration areas to be privately owned & maintained.
28. Elevations on OCS8 are not correct/match up with detail.
29. Adjust elevations of the FES’s to match basin bottom elevations.
30. There appears to be a number of typos in the spot elevations & slopes, please review & adjust
accordingly.
C500 – Utility Plan
31. 8” watermain to be looped out to Brooklyn Blvd.
32. Provide separate service line to each bldg. or provide joint maintenance agreements for service
lines.
33. They don’t make 2” DIP, adjust water main notes accordingly.
34. All on-site utility lines to be privately owned and maintained.
35. Verify water service sizes.
36. Provide on-site fire hydrant.
37. They don’t make a 12.5 degree watermain bend.
38. Minimum sanitary sewer service pipe size to be 4”.
39. Extend sanitary line and move Sanitary Manhole #10 overtop of existing main for connection
location.
40. All improvements installed within public rights of way shall be constructed to City
specifications/details.
C900, 901, 902 and 903 – Details
41. All work performed and materials used for construction of utilities must conform to the City
standard specifications and details. The City’s standard details must be included in the plan.
42. Update to use current City plates.
PC Review Memo (Revised), August 17, 2020
Preliminary Plat/Final
43. Drainage & Utility easements shall be adjusted to cover all shared/common utility lines (sanitary
sewer, watermain, storm sewer) along with any storm water management features.
44. City & County will review permanent rights of way and easement needs along Brooklyn Blvd
(Plats to be reviewed by Hennepin County Engineer).
45. Provide required separate cross access/cross parking easements.
46. Provide required separate trail & sidewalk easements.
47. Change Bloomington to Brooklyn Center in signature areas.
48. It appears that all property is Torrens, adjust Document block and signature blocks accordingly
49. Combine Outlot A with Lot 7.
50. Label & dimension proposed rights of way dedications
51. Change dedication language to include rights of way dedications
52. Need working copy of the preliminary plat to show all vacated easements, proposed easements,
existing and proposed utilities and provide all easement documents for the City for review. A 10’
drainage and utility easement must be dedicated on the plat around the entire perimeter of the
site. An additional utility easement must be dedicated on the plat for the private water main and
sanitary to allow for maintenance access per the Developers Agreement.
53. Legal descriptions and easement vacation documents must be obtained for all existing
easements. Existing public easements as determined by the City must be vacated, and proposed
easements must be dedicated as part of the preliminary and final platting process. The formal
vacation document must contain an easement vacation description and depiction exhibit signed
by a professional surveyor.
54. An updated certified abstract of title or registered property report must be provided to the City
Planner and City Attorney for review at the time of the preliminary plat application (within 30
days of preliminary plat application). Additionally, this will need to stay current and be updated
through the approval process as required to maintain and be current within 30 days of the release
of final plat.
55. The applicant is responsible for coordinating site development plans with Xcel Energy,
CenterPoint Energy, Qwest Communications and other private utility companies. Any further
easements necessary to provide utility service to the proposed site development shall be
dedicated to the public for public use with the final plat.
56. Provide right-out only at southern property line. This access must be documented in the PUD
agreement for this parcel and the necessary cross access agreements will be required. This
access is to be limited to right-out only with future Brooklyn Blvd reconstruction project that
will include a raised center median.
Miscellaneous
57. See redlines for additional site plan comments.
58. Provide landscape and irrigation plan.
59. Provide share access agreement and easement at south property line incase properties south of
plan are redeveloped.
PC Review Memo (Revised), August 17, 2020
60. Upon project completion, the applicant must submit an as-built survey of the property,
improvements and utility service lines and structures; and provide certified record drawings of all
project plan sheets depicting any associated private and/or public improvements, revisions and
adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify
that all property corners have been established and are in place at the completion of the project as
determined and directed by the City Engineer.
61. Inspection for the private site improvements must be performed by the developer’s design/project
engineer. Upon project completion, the design/project engineer must formally certify through a
letter that the project was built in conformance with the approved plans and under the
design/project engineer’s immediate and direct supervision.(see attached template letter) The
engineer must be certified in the State of Minnesota and must certify all required as-built
drawings (which are separate from the as-built survey).
62. The total disturbed area exceeds one acre; an NPDES permit is required. In addition, the total
disturbed area is less than five acres. The applicant has submitted plans to the City of Brooklyn
Center for project review on behalf on the Shingle Creek Watershed Commission. Provide an
updated storm water plan that meets the requirements of the Shingle Creek Watershed Commission
by revising the proposed 100yr storm event to below the existing run-off rate. Basin/storage must
drain down in 48 hours.
63. The City has submitted the plans to Hennepin County for review. Applicant must meet
requirements from Hennepin County’s review.
64. Utility Facilities Easement Agreement required.
Prior to issuance of a Land Alteration
65. Final construction/demolition plans and specifications need to be received and approved by the
City Engineer in form and format as determined by the City. The final plan must comply with the
approved preliminary plan and/or as amended by the City Engineer.
66. A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined b y
City staff shall be deposited with the City.
67. During construction of the site improvements, and until the permanent turf and plantings are
established, the developer will be required to reimburse the City for the administration and
engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon
on a monthly basis.
68. A construction management plan and agreement is required that addresses general construction
activities and management provisions, traffic control provisions, emergency management
provisions, storm water pollution prevention plan provisions, tree protection provisions, general
public welfare and safet y provisions, definition of responsibilit y p rovisions, temporary parking
provisions, overall site condition provisions and non-compliance provisions. A separate $2,500
deposit will be required as part of the non-compliance provision.
Anticipated Permitting:
69. A City of Brookl yn Center Land Disturbance Permit is required.
PC Review Memo (Revised), August 17, 2020
70. Applicant to obtain required permits to work in County right-of-way.
71. A MPCA NPDES permit is required.
72. Conditions specified by the City to meet the requirements of the Shingle Creek Watershed
Commission must be met.
73. Other permits not listed may be required and is the responsibility of the developer to obtain and
warrant.
74. Copies of all required permits must be provided to the City prior to issuance of applicable
building and land disturbance permits.
75. A preconstruction conference must be scheduled and held with City staff and other entities
designated by the City.
The aforementioned comments are provided based on the information submitted by the applicant at
the time of this review. Other guarantees and site development conditions may be further
prescribed throughout the project as warranted and determined b y the City.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION REGARDING RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2024-006 SUBMITTED BY C ALAN
HOMES LLC FOR RE-APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR
ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION (6025, 6031, 6037,
AND 6045 BROOKLYN BOULEVARD)
WHEREAS, Planning Commission Application No. 2024-006 was submitted by C
Alan Homes LLC (“the Applicant”) requesting re-approval of the preliminary and final plat for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION, which would divide the
four properties currently addressed as 6025, 6031, 6037, and 6045 Brooklyn Boulevard (“the Subject
Property”) into seven (7) new triplex lots; and
WHEREAS, the Subject Property was formerly owned by the City of Brooklyn
Center’s Economic Development Authority, and following approval of Planning Commission
Application No. 2020-004 and City Council Resolution No. 2020-067, which granted approvals for
the preliminary and final plat, site and building plan, and establishment of a Planned Unit
Development, the Subject Property was subsequently sold to C Alan Homes LLC in December 2020;
and
WHEREAS, conveyance of the Subject Property required the Applicant to enter into
a Purchase and Development Agreement and Declaration of Restrictive Covenants, which was filed
with Hennepin County on December 30, 2020 as Document No. 5777831; and
WHEREAS, certain sidewalk maintenance and utility easements were vacated by
City Council under City Council Resolution No. 2020-091, and the easement vacations recorded
with Hennepin County in 2020 under Document No. 5773408; and
WHEREAS, the Applicant ran into delays in filing the final plat (mylar) for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION following a request from
Hennepin County for certain property contained within the Subject Property to be quit claimed to
the County for highway right-of-way purposes, which resulted in the City of Brooklyn Center and
Applicant working through the execution of a separate Quit Claim Deed and partial release of the
Purchase and Development Agreement and Declaration of Restrictive Covenants in March 2022;
and
WHEREAS, Section 35-8107.5 (Final Plat) of the City of Brooklyn Center City
Code requires the Applicant to file the final plat (mylar) with Hennepin County within one (1) year
following City Council approval, and as the plat was not recorded in time, the plat is now considered
void; and
RESOLUTION NO.
WHEREAS, Hennepin County has a copy of the County approved plat for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION on file; however, as two
(2) years have passed since its initial approval, updated title work and a current copy of the plat is
required for review and before any plat recording; and
WHEREAS, a public hearing was noticed in the Brooklyn Center Sun Post on April
25, 2024, and a hearing scheduled for May 9, 2024; however, the Applicant requested the hearing
be continued due to the Applicant’s inability to attend the meeting; and
WHEREAS, as members of the public were present, the Planning Commission held
a duly called public hearing, whereby a staff report was presented, and the public hearing was opened
to allow for public testimony; and
WHEREAS, a motion to continue the public hearing to the June 13, 2024 Planning
Commission meeting was requested by the Planning Commission, a 60-day letter of extension was
issued to the Applicant in accordance with Minnesota Statutes Section 15.99 Subd. 3(f), and the
hearing was ultimately continued at the June 13, 2024 Planning Commission meeting where
additional public testimony was provided for the record; and
WHEREAS, the City Council of the City of Brooklyn Center has determined during
its review of the preliminary and final plat that said plat is in general conformance with Chapter 35
of the City Code of Ordinances and Sections 35-8106 (Preliminary Plat), 35-8107 (Final Plat), and
35-5100 (Dimensional Standards Summary), and the approximately 1.65-acre Subject Property and
proposed development meets minimum lot width and area requirements as the allowable density
range for the underlying Neighborhood Mixed-Use zoning designation is 15 to 31 dwelling units per
acre (DU/Acre) and the development, as proposed, would fall within this range at 21 dwelling units.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that Planning Commission Application No. 2024-006, as submitted by
C Alan Homes LLC, and requesting re-approval of the preliminary and final plats for ROBERTSON
AND BREKKE BROOKLYN BOULEVARD ADDITION, be approved based upon the findings
of fact in the Planning Commission staff report last revised June 13, 2024, submitted documentation
and plans, and as amended by the following conditions of approval:
1.Re-approval of the preliminary and final plats for ROBERTSON AND BREKKE
BROOKLYN BOULEVARD ADDITION are contingent upon the addressing of any
remaining comments by Assistant City Engineer Hogg in his memorandum dated August
17, 2020.
a.The preliminary and final plat shall be further revised to dedicate certain trail
easement.
2.The preliminary plat, final plat, and mylar shall be subject to the provisions as outlined
under Chapter 35 (Unified Development Ordinance), Section 35-8106 (Preliminary Plat),
RESOLUTION NO.
and Section 35-8107 (Final Plat).
a.The preliminary plat shall be reviewed against the most recent version of the final
plat approved by Hennepin County and updated accordingly.
b.The preliminary plat shall be updated to reflect the existing zoning classification
and total approximate acreage.
3. Any comments and/or requirements as provided by Hennepin County.
4.Any comments and/or requirements from the City Attorney’s office, and specifically
regarding an updated certified abstract of title/title commitment.
5.The successful recording of said plat (mylar) with Hennepin County.
June 24, 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.
PC Minutes
5-9-24 -1-
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
M AY 9, 2024
1.CALL TO ORDER
The Planning Commission meeting was called to order by Chair Koenig at 7:18 p.m. The meeting
was conducted in person and via Webex.
2.ROLL CALL
Chair Alexander Koenig, Vice Chair Randy Christensen, and Commissioners Paris Dunn, and
Stephen Schonning were present. Planning Manager Ginny McIntosh and Associate Planner
Krystin Eldridge were also present.
Commissioners Leino and Jones were absent and excused.
3.APPROVAL OF AGENDA – MAY 9, 2024
There was a motion by Commissioner Schonnning, seconded by Commissioner Christensen to
approve the agenda for the May 9, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
4.CHAIRPERSON’S EXPLANATION
Chair Koenig explained the Planning Commission’s role as an advisory body. One of the
Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
5.PLANNING APPLICATION ITEMS
5a. Planning Commission Application No. 2024-008
Applicant: Independent School District #286 (Brooklyn
Center Community Schools)
Summary: Independent School District #286 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
PC Minutes
5-9-24 -18-
Chair Koenig pointed out the church is near a park. Ms. Fadina stated they hope to build a fenced-
in playground eventually. Also, she has a large van that they use for field trips. They plan to
update the space as money allows.
Ti m F., representative of Brookdale Covenant Church, noted the Church’s support of the proposal.
It would be a great benefit to the community.
Commissioner Christensen thanked the Church for offering its parking lot for use for community
events.
Commissioner Dunn asked if she gets referrals from the public schools. Ms. Fadina stated her
business has been word-of-mouth, but she hopes to increase the marketing as she has more space.
She pointed out the families happen to drop off the kiddos at various time, so there isn’t a huge
traffic impact at any one time.
Commissioner Dunn asked if the students would be able to access the other parts of the church.
Ms. Fadina stated the exterior doors would be locked and entry would only be allowed for BCC
staff and childcare personnel. The childcare rooms can also be locked. They are working out the
details of accessing the childcare area in a safe way such as through a keypad.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION
NO. 2024-005 SUBMITTED BY BRIGHT FUTURE CHILD CARE CENTER AND
BROOKDALE COVENANT CHURCH
There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to
recommend City Council approval of Planning Commission Application No. 2024-005 for
approval of a conditional use permit (CUP) for a Place of Religious Assembly and Licensed
Childcare Center, located at 5139 Brooklyn Boulevard, subject to the Applicant complying with
the Approval Conditions.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye.
And the following voted against the same: None
The motion passed unanimously.
5e. Planning Commission Application No. 2024-006
Applicant | Property Owner: C Alan Homes LLC
Address (PID): 6025, 6031, 6037, and 6045 Brooklyn
Boulevard (03-118 -21-12-0016, 03-118 -21-
12-0015, 03-118 -21-12-0098, and 03-118 -
21-12-0087)
Summary: C Alan Homes LLC is requesting review and
consideration for the re-approval of
PC Minutes
5-9-24 -19-
preliminary and final plats originally
approved by the City of Brooklyn Center in
2020. As the final plat was not recorded with
Hennepin County within one (1) year
following City Council approval, the final
plat is considered void and re-approval of the
plat is required per Section 35-8000
(Subdivisions and Planned Unit
Developments).
Planning Manager Ginny McIntosh noted the applicant has requested the public hearings be tabled
until the June 13 Planning Commission meeting as he wasn’t able to attend that evening. The
Commission could still receive the presentation and any public comment at the present meeting.
Chair Koenig asked if anyone was interested in commenting on the item. Someone from the
audience indicated their interest in commenting. Chair Koenig stated they would still be able to
provide comment.
Ms. McIntosh explained C Alan Homes LLC is requesting re-approval of a preliminary and final
plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION which was
initially approved by City Council under Planning Commission Application No. 2020-004 and
City Council Resolution No. 2020-067. Said application also included requests for approval of a
site and building plan and establishment of a Planned Unit Development for a series of seven
triplexes and related site improvements on what was formerly land owned by the City of Brooklyn
Center Economic Development Authority (EDA), and commonly addressed as 6025, 6031, 6037,
and 6045 Brooklyn Boulevard. The south site is 1.65 acres, and the north site is 0.9 acres. The
sites are in the PUD/Neighborhood Mixed-Use zoning district, and the future designation is
Neighborhood Mixed Use.
Ms. McIntosh noted although the applicant successfully purchased the property in late 2020, and
a single Purchase and Development Agreement was executed for what were two sets of properties
intended for a scattered site triplex development, the applicant and property owner ran into delays
with the property, which was the first to go under construction. This was following a request by
Hennepin County that certain property contained within the plat be quit claimed to the County for
right-of-way purposes. This resulted in the need for a partial release of the Purchase and
Development Agreement and Declaration of Restrictive Covenants and Quit Claim Deed for this
property in March 2022.
Ms. McIntosh stated it was during this time frame that the Applicant’s lender stopped funding the
project and the applicant entered into two years of litigation to keep the development afloat. The
request for re-approval of the preliminary and final plats is more imminent at this time as the
applicant and property owner recently entered into a voluntary foreclosure proceeding with a short
redemption period.
PC Minutes
5-9-24 -20-
Ms. McIntosh stated the applicant has indicated that they are now in the process of re-financing
the project and have partnered with developer Devean George; however, the preliminary and final
plats require a re-approval from the City and the applicant will also separately require approval of
an Amended Development Agreement as they are currently in default given the project was not
completed within the timeframe outlined.
Ms. McIntosh pointed out City Staff reached out to the Hennepin County Survey Division and
they confirmed they still have the plat information on file; however, because two years have passed
since the initial approval, they would require updated, current title work, which the City also
requires, as well as the most recent copy of the plat.
Ms. McIntosh stated as part of the 2020 application and review, it was requested that legal
descriptions and easement vacations for all existing easements and certain vacations of existing
public easements, as determined by the City, be submitted. The applicant shall also provide and
maintain a current abstract of title and title commitment for City Attorney and Hennepin County
review.
Ms. McIntosh noted former Assistant City Engineer, Andrew Hogg, initially review the plats and
provided a memorandum and redlined set of comments dated August 4, 2020. A 10-foot drainage
and utility easement was noted as required for dedication around the entire perimeter of the
property. An additional utility easement shall be dedicated on the plat to allow for any future
maintenance of private water mains and sanitary sewer per Development Agreement requirements.
The trail and necessity of an easement will also need to be addressed. Ms. McIntosh later showed
the list of conditions of approval.
Ms. McIntosh added due to the nature of the requests, a public hearing notice was published in the
Brooklyn Center Sun Post on April 25, 2024. Mail notifications were sent to those property owners
and residents located in vicinity of the Subject Property, and public hearing notice uploaded to the
City’s 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. City Staff is in receipt of one
public comment received by email.
Ms. McIntosh noted the site and building plans are still active and contingent upon approval of an
amended Development Agreement by the City’s Economic Development Authority. The issues
with the site, in that construction has begun and the lots have not been recorded, would remain
even if a new owner were to take over the property. The south site was the driver in the delays due
to intervention of Hennepin County. Some of the property needed to be converted back to right of
way. Ultimately, the plats aren’t recorded, which presents challenges.
OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-006
There was a motion by Commissioner Schonning, seconded by Commissioner Dunn, to open the
public hearing on Application No. 2024-006.
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Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
Keith K. asked how many buildings could be on each lot. Ms. McIntosh stated there is a plan for
one triplex on each lot. Keith K. asked how many buildings will be built. Ms. McIntosh stated
seven triplexes will be built.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
table public hearing to the June 13, 2024 Planning Commission meeting, to be held at Brooklyn
Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION
NO. 2024-006 SUBMITTED BY C ALAN HOMES LLC
This was not addressed as the item was tabled to the June 13, 2024 Planning Commission meeting,
to be held at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m.
5f. Planning Commission Application No. 2024-007
Applicant | Property Owner: C Alan Homes LLC
Address (PID): 6921, 6927, 6933, 6939 Brooklyn Boulevard
(27-119 -21-33-0014, 27-119 -21-33-0013,
27-119-2133-0012, and 27-119 -21-33-0011)
Summary: C Alan Homes LLC is requesting review and
consideration for the re-approval of
preliminary and final plats originally
approved by the City of Brooklyn Center in
2020. As the final plat was not recorded with
Hennepin County within one (1) year
following City Council approval, the final
plat is considered void and re-approval of the
plat is required per Section 35-8000
(Subdivisions and Planned Unit
Developments).
Ms. McIntosh explained C Alan Homes LLC is requesting re-approval of a preliminary and final
plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION
which was initially approved by City Council under Planning Commission Application No. 2020-
005 and City Council Resolution No. 2020-068. Said application also included requests for
approval of a site and building plan and establishment of a Planned Unit Development for a series
of six triplexes and related site improvements on what was formerly land owned by the City of
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
JUNE 13, 2024
1.CALL TO ORDER
The Planning Commission meeting was called to order by Chair Koenig at 7:03 p.m. The meeting
was conducted in person and via Webex.
2.ROLL CALL
Chair Alexander Koenig, Vice Chair Randy Christensen, and Commissioners Stephanie Jones
(arrived at 7:22 p.m.), Paris Dunn, and Stephen Schonning were present. Planning Manager Ginny
McIntosh, Associate Planner Krystin Eldridge, Community Development Director Jesse
Anderson, and Economic Development Manager Ian Anderson were also present.
Commissioner Stan Leino was absent and excused.
3.APPROVAL OF AGENDA – JUNE 13, 2024
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
approve the agenda for the June 13, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn, voted
aye. The motion passed unanimously.
4.APPROVAL OF MINUTES
4a. May 9, 2024 Regular Meeting Minutes
There was a motion by Commissioner Schonning, seconded by Commissioner Dunn, to approve
the minutes of the May 9, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn, voted
aye. The motion passed unanimously.
4b. March 14, 2024 Regular Meeting Minutes
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
approve the minutes of the March 14, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn, voted
aye. The motion passed unanimously.
Draft Meeting Minutes Excerpt - PC
Application No. 2024-006
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6-13-24 -2-DRAFT
4c. February 8, 2024 Regular Meeting Minutes
There was a motion by Commissioner Dunn, seconded by Commissioner Schonning, to approve
the minutes of the February 8, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn, voted
aye. The motion passed unanimously.
5.CHAIR’S EXPLANATION
Chair Koenig explained the Planning Commission’s role as an advisory body. One of the
Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
6.PLANNING APPLICATION ITEMS
6a. Planning Commission Application No. 2024-006 (PUBLIC HEARING –
CONTINUED)
Applicant | Property Owner: C Alan Homes LLC
Address (PID): 6025, 6031, 6037, and 6045 Brooklyn
Boulevard (03-118 -21-12-0016, 03-118 -21-
12-0015, 03-118 -21-12-0098, and 03-118 -
21-12-0087)
Summary: The public hearing was continued at the May
9, 2024 Planning Commission meeting to the
June 13, 2024 meeting. This was per the
request of Applicant C Alan Homes LLC.
C Alan Homes LLC is requesting review and
consideration for the re-approval of
preliminary and final plats originally
approved by the City of Brooklyn Center in
2020. As the final plat was not recorded with
Hennepin County within one (1) year
following City Council approval, the final
plat is considered void and re-approval of the
plat is required per Section 35-8000
(Subdivisions and Planned Unit
Developments).
Planning Manager Ginny McIntosh explained the item was continued from the previous Planning
Commission meeting. C Alan Homes LLC is requesting re-approval of a preliminary and final
plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION, which was
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6-13-24 -3-DRAFT
initially approved by City Council under Planning Commission Application No. 2020-004 and
City Council Resolution No. 2020-067. Said application also included requests for approval of a
site and building plan and establishment of a Planned Unit Development for a series of seven
triplexes and related site improvements on what was formerly land owned by the City of Brooklyn
Center Economic Development Authority (EDA), and commonly addressed as 6025, 6031, 6037,
and 6045 Brooklyn Boulevard. The south site is 1.65 acres, the site is in a PUD/Neighborhood
Mixed Use zoning district, and the future designation is Neighborhood Mixed Use.
Ms. McIntosh noted although the applicant successfully purchased the property in late 2020, and
a single Purchase and Development Agreement was executed for what were two sets of properties
intended for a scattered site triplex development, the applicant and property owner ran into delays
with the property, which was the first to go under construction. This was following a request by
Hennepin County that certain property contained within the plat be quit claimed to the County for
right-of-way purposes. This resulted in the need for a partial release of the Purchase and
Development Agreement and Declaration of Restrictive Covenants and Quit Claim Deed for this
property in March 2022.
Ms. McIntosh stated it was during this time frame that the Applicant’s lender stopped funding the
project and the applicant entered into two years of litigation to keep the development afloat. The
request for re-approval of the preliminary and final plats is more imminent at this time as the
applicant and property owner recently entered into a voluntary foreclosure proceeding with a short
redemption period.
Ms. McIntosh stated the applicant has indicated that they are now in the process of re-financing
the project and have partnered with developer Devean George; however, the preliminary and final
plats require a re-approval from the City and the applicant will also separately require approval of
an Amended Development Agreement as they are currently in default given the project was not
completed within the timeframe outlined.
Ms. McIntosh showed an overview of the plats and pointed out the issue with the triplexes being
on one parcel. She pointed out City Staff reached out to the Hennepin County Survey Division
and they confirmed they still have the plat information on file; however, because two years have
passed since the initial approval, they would require current title work, which the City also
requires, as well as the most recent copy of the plat.
Ms. McIntosh stated as part of the 2020 application and review, it was requested that legal
descriptions and easement vacations for all existing easements and certain vacations of existing
public easements, as determined by the City, be submitted. The applicant shall also provide and
maintain a current abstract of title and title commitment for City Attorney and Hennepin County
review.
Ms. McIntosh noted former Assistant City Engineer, Andrew Hogg, initially review the plats and
provided a memorandum and redlined set of comments dated August 4, 2020. A 10-foot drainage
and utility easement were noted as required for dedication around the entire perimeter of the
property. An additional utility easement shall be dedicated on the plat to allow for any future
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6-13-24 -4-DRAFT
maintenance of private water mains and sanitary sewer per Development Agreement requirements.
The trail will also need to be addressed.
Ms. McIntosh showed the list of conditions of approval. The plats, trail easement, and other items
are addressed.
Ms. McIntosh added due to the nature of the requests, a public hearing notice was published in the
Brooklyn Center Sun Post on April 25, 2024. Mail notifications were sent to those property owners
and residents located in vicinity of the Subject property, and public hearing notice uploaded to the
City’s 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. City Staff is in receipt of one
public comment received by email.
OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-006
There was a motion by Commissioner Christensen, seconded by Commissioner Dunn, to re-open
the public hearing on Application No. 2024-006.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
Keith Kogo, 6920 Lee Avenue North, asked if the south site is required to follow external
maintenance requirements. Ms. McIntosh stated the site must follow any City regulations
regarding weeds, grass, and the like. If the owner has not already been notified, he will be.
M r. Ko go asked how many business days it takes for the owner to be notified of the violation. Ms.
McIntosh explained once a violation is found and City staff is notified, a letter is sent, and a follow-
up inspection scheduled. Although she would need to confirm, the owner usually has seven to 14
business days.
Chair Koenig added the property owner may be able to handle it themselves.
M r. K ogo asked for clarification regarding No Mow May. Ms. McIntosh stated No Mow May is
a period of time where grass violations are not addressed until June. It is an attempt to support
pollinators during the spring. Inspectors have begun responding to complaints.
M r. Ko go asked if No Mow May is a City policy. Chair Koenig stated multiple cities have
implemented the effort. The commenter’s point is duly noted and the concern will be addressed.
M r. K ogo stated he has more concerns about the property, but the Chair interjected. Mr. Kogo
again asked if Brooklyn Center has a policy supporting No Mow May. Chair Koenig confirmed it
is a City policy.
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6-13-24 -5-DRAFT
Mr. K ogo asked how many days had elapsed since May. Chair Koenig stated it is June 13, 2024.
Mr. Ko go stated the property owner has had ample time to take care of the lawn. Chair Koenig
reiterated the commenter’s point has been made.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to
close the public hearing on Application No. 2024-006.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
Commissioner Christensen asked if they were just considering a replat. Ms. McIntosh confirmed
only the replat is before the Commission, not site and building approval. The information on the
County’s platting was provided as background. On June 24, 2024, the Council will consider the
project as both a Council and an Economic Development Authority as there is a separate amended
Development Agreement for consideration.
Commissioner Christensen asked if the additional trail requirements are interfering with the initial
plat. Ms. McIntosh stated the applicant’s surveyor and engineers were made aware of any trail
requirements before site planning began and provided with the revised road sections as part of the
Phase II Brooklyn Boulevard project. The trail is not currently reflected on the plat map, however.
Chair Koenig asked if the City Council’s discussions regarding the Development Agreement will
be public. Ms. McIntosh confirmed the item will be covered during a public meeting.
Commissioner Schonning stated making seven lots in the area is logistically interesting. Ms.
McIntosh clarified there were previously commercial and apartment buildings on this site. It was
not all single-family homes.
Chair Koenig asked if the north site is experiencing similar issues. Ms. McIntosh stated the City
would allow for mixed use on both sites. The north site would increase from four to six lots.
Chair Koenig noted his concern regarding the increased number of lots. A selling point was luxury
homes. They are likely to appear like a single-family home with green space. The sites will
contribute to congestion in the area.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION
NO. 2024-006 SUBMITTED BY C ALAN HOMES
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
recommend City Council approval of Planning Commission Application No. 2024-006 for the
requested re-approval of the preliminary and final plat for ROBERTSON AND BREKKE
BROOKLYN BOULEVARD ADDITION for the Subject property located on what is currently
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6-13-24 -6-DRAFT
known as 6025, 6031, 6037, and 6045 Brooklyn Boulevard, based on the findings of fact and
subject to the Applicant complying with the Conditions of Approval as noted above.
Voting on the motion: Commissioners Christensen, Jones, and Dunn voted aye.
And the following voted against the same: Chair Koenig and Commissioner Schonning.
The motion passed (3-2).
6b. Planning Commission Application No. 2024-007 (PUBLIC HEARING –
CONTINUED)
Applicant | Property Owner: C Alan Homes LLC
Property Address: 6921, 6927, 6933, 6939 Brooklyn Boulevard
(27-119 -21-33-0014, 27-119 -21-33-0013,
27-119-2133-0012, and 27-119 -21-33-0011)
Summary: The public hearing was continued at the May
9, 2024 Planning Commission meeting to the
June 13, 2024 meeting. This was per the
request of Applicant C Alan Homes LLC.
C Alan Homes LLC is requesting review and
consideration for the re-approval of
preliminary and final plats originally
approved by the City of Brooklyn Center in
2020. As the final plat was not recorded with
Hennepin County within one (1) year
following City Council approval, the final
plat is considered void and re-approval of the
plat is required per Section 35-8000
(Subdivisions and Planned Unit
Developments).
Ms. McIntosh explained C Alan Homes LLC is requesting re-approval of a preliminary and final
plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION,
which was initially approved by City Council under Planning Commission Application No. 2020-
005 and City Council Resolution No. 2020-068. Said application also included requests for
approval of a site and building plan and establishment of a Planned Unit Development for a series
of six triplexes and related site improvements on what was formerly land owned by the City of
Brooklyn Center Economic Development Authority (EDA), and commonly addressed as 6921,
6927, 6933, and 6939 Brooklyn Boulevard. The north site is 0.88 acres, is zoned
PUD/Neighborhood Mixed Use, and the future designation is Neighborhood Mixed Use.
Ms. McIntosh noted although the applicant successfully purchased the property in late 2020, and
a single Purchase and Development Agreement was executed for what were two sets of properties
C ouncil R egular M eeng
DAT E:6/24/2024
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:P lanning Commission A pplica/on No. 2024-007 S ubmi4ed by C A lan H omes L L C for Re-
approval of the P reliminary and F inal P lats for Roberts on and Brekke Brooklyn Boulevard
S econd A ddi/on (6921, 6927, 6933, and 6939 Brooklyn Boulevard)
Requested Council A con:
- Moon to adopt a r esoluon appr oving P lanning C ommission A pplicaon No. 2 0 2 4 -0 0 7 for re-approval
of the preliminary and final plat for Robertson and Brekke Brooklyn Boulevard S econd A ddion, and
commonly addressed as 6921, 6 9 2 7 , 6933, and 6939 Brooklyn Boulevar d, based on the findings of fact and
submi,ed documentaon, as amended by the condions of approval in the resoluon.
B ackground:
C A lan H omes L L C (“T he A pplicant ”) is reques/ng r e-approv al of a pr eliminar y and final plat for
R O B E R T S O N A N D B R E K K E B R O O K LY N B O U L E VA R D S E C O N D A D D I T I O N, w hich w as ini/ally approved
by C ity Council under P lanning Commis s ion A pplica/on No. 2020-005 and City Council Resolu/on No.
2020-068. S aid applica/on als o included requests for approv al of a s ite and building plan and es tablishment
of a P lanned U nit D evelopment for a s eries of s ix (6 ) triplexes and r elated s ite improv ements on w hat w as
formerly land ow ned by the C ity of B rook lyn C enter Economic D ev elopment A uthority (E DA ), and
commonly addres s ed as 6921, 6927, 6933, and 6939 Brooklyn Boulevard (“The S ubject P roperty ”).
A lthough the A pplicant s uccessfully purchas ed the S ubject P roperty in late 2020, and a single P urchas e and
D evelopment A greement w as executed for w hat w ere tw o sets of proper/es intended for a sca4ered s ite
triplex development, the A pplicant and P roperty O w ner ran into delay s with the S outh S ite, w hich is located
at the intersec/on of 61s t Av enue Nor th and Brooklyn Boulevard (P lanning Commission A pplica/on No.
2024-006) and was the first to go under construc/on. T his was follow ing a reques t by H ennepin C ounty
that certain property contained w ithin that plat be quit claimed to the C ounty for right-of-way purposes .
This res ulted in the need for a par/al release of the P ur chas e and D evelopment A greement and D eclara/on
of Restric/ve C ovenants and Q uit Claim D eed for the property in March 2022.
A ddi/onally, the A pplicant and P roperty O w ner and their surveyor r an into issues w ith the property
descrip/on on the S ubject P r oper ty, w hich eventually res ulted in the is s uance of a new C er /ficate of Title,
and review by H ennepin C ounty.
I n total, the S ubject P roperty, known as the “North S ite,” and the S outh S ite, w ere to provide a combined
total of 39 dwelling units across 13 triplexes .
The A pplicant has indicated that they are now in the proces s of r e-financing the project and have partnered
w ith developer D evean G eorge; how ever, the preliminary and final plats require a re-approval from the C ity
and the A pplicant will also require approv al of a new per formance agr eement and an amended
D evelopment A gr eement, as they ar e currently in default giv en the pr oject was not completed within the
/meframe outlined. Thes e items are to be considered separately aIer this item and at the J une 2 4 , 2024
Council and E DA mee/ngs as w ell.
A public hearing no/ce was published in the Br ookly n Center S un Post on A pril 25, 2024. M ail no/fica/ons
w ere s ent to thos e property ow ners and res idents located in vicinity of the S ubject P roperty, and a public
hearing no/ce uploaded to the C ity ’s webs ite. A link to the public hear ing no/ce w as als o publis hed on the
City ’s w ebs ite and s ent out by email to s ubs cribers of the C ity ’s w eekly events bulle/n. C ity s taff was in
receipt of two public comments received by email prior to the public hearing.
A lthough the public hearing w as s cheduled for the May 9, 2024 P lanning C ommis s ion mee/ng, the
A pplicant reques ted the public hearing be con/nued to the J une 1 3 , 2024 P lanning C ommis s ion mee/ng
follow ing phone and email communica/on r eceived, and as the A pplicant was unable to a4end the M ay 9
hearing. A 6 0 -day le4er of extension w as is s ued to the A pplicant on M ay 10, 2024 outlining that the review
period had been extended to A ugus t 7, 2 0 2 4 , and per M innesota S tatutes S ec/on 1 5 .99. S ubd. 3(f). A s
members of the public w er e pres ent at the M ay 9 and J une 13, 2024 P lanning C ommis s ion mee/ngs , the
P lanning C ommis s ion did accept public comment.
Comments provided by the public r egar ding the C A lan H omes Nor th S ite included, but w er e not limited to:
concerns regarding the foreclos ure, par king needs , maximum occupancies in each unit, and overall
maintenance of the S ubject P r oper ty. A ddi/onal ques/ons w er e addres s ed to City s taff regarding the City ’s
original inten/ons for the land, which was formerly ow ned by the C ity ’s Economic D ev elopment A uthority,
w hether a traffic s tudy had been conducted, any propos ed s treet improv ements to 69th Avenue Nor th for
the addi/onal tr affic, the ability for cars to navigate L ee Avenue N orth when other vehicles are pres ent, and
s now removal.
A number of residents noted concerns with addi/onal traffic given the number of children in the
neighborhood, w ith one r es ident no/ng that they s hut dow n the dead end of M aj or Avenue N orth and put
out cones so childr en can play. The addi/onal units would interr upt the neighbor hood’s gather ing s paces .
A ddi/onal concerns were rais ed regarding crime in the area, including the bus stop nearby, and that it didn’t
make sens e to build luxury apartments acros s the street from a gas sta/on with regular s hoo/ngs .
Following close of the public hearing on June 13, 2024, P lanning Commission recommended (1-4) C ity
Council denial of the preliminary and final plats for the Roberts on and Brekke B rook lyn Boulevard S econd
A ddi/on.
City staff has included a copy of the last revis ed P lanning Commission Report for the r eques ted re-approval
of the preliminary and final plats for Rober ts on and B rekke B rook lyn Boulevard S econd A ddi/on, and
commonly addres s ed as 6921, 6927, 6933, and 6 9 3 9 Brooklyn Boulevard. A n excerpt of the approv ed May
9, 2024 P lanning C ommis s ion mee/ng minutes , which were appr oved at the J une 13, 2024 mee/ng, are
included, as well as an excerpt of the dra- J une 13, 2024 P lanning C ommis s ion mee/ng minutes.
B udget I ssues:
None to cons ider at this /me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip/on U pload D ate Type
P F P lat C A lan North 6/21/2024 Backup M aterial
B C P lanning Commission minutes- A pproved minutes 5.09.24 6/21/2024 Backup M aterial
B C P lanning Commission minutes - D raI 06.13.24 6/21/2024 Backup M aterial
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION REGARDING RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2024-007 SUBMITTED BY C ALAN
HOMES LLC FOR RE-APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR
ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION (6921,
6927, 6933, AND 6939 BROOKLYN BOULEVARD)
WHEREAS, Planning Commission Application No. 2024-007 was submitted by C
Alan Homes LLC (“the Applicant”) requesting re-approval of the preliminary and final plat for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION, which would
divide the four properties currently addressed as 6921, 6927, 6933, and 6939 Brooklyn Boulevard
(“the Subject Property”) into six (6) new triplex lots; and
WHEREAS, the Subject Property was formerly owned by the City of Brooklyn
Center’s Economic Development Authority, and following approval of Planning Commission
Application No. 2020-005 and City Council Resolution No. 2020-068, which granted approvals for
the preliminary and final plat, site and building plan, and establishment of a Planned Unit
Development, the Subject Property was subsequently sold to C Alan Homes LLC in December 2020;
and
WHEREAS, conveyance of the Subject Property required the Applicant to enter into
a Purchase and Development Agreement and Declaration of Restrictive Covenants, along with a
separate triplex site located near 61st Avenue North and Brooklyn Boulevard (refer to Planning
Commission Application Nos. 2024-006 and 2020-004), which was filed with Hennepin County on
December 30, 2020 as Document No. 5777831; and
WHEREAS, certain sidewalk maintenance and utility easements were vacated by
City Council under City Council Resolution No. 2020-092, and the easement vacations recorded
with Hennepin County in 2020 under Document No. 5773522; and
WHEREAS, the Applicant ran into delays in filing the final plat (mylar) for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION following
requests from Hennepin County for the other triplex site and its related plat, which resulted in certain
property being quit claimed to the County for highway right-of-way purposes, and the City of
Brooklyn Center and Applicant working through the execution of a separate Quit Claim Deed and
partial release of the filed Purchase and Development Agreement and Declaration of Restrictive
Covenants in March 2022; and
WHEREAS, certain issues were also raised with the property description on the
Subject Property, which ultimately required issuance of a new Certificate of Title, and additional
County review, which further delayed construction; and
RESOLUTION NO.
WHEREAS, Section 35-8107.5 (Final Plat) of the City of Brooklyn Center City
Code requires the Applicant to file the final plat (mylar) with Hennepin County within one (1) year
following City Council approval, and as the plat was not recorded in time, the plat is now considered
void; and
WHEREAS, Hennepin County has a copy of the County approved plat for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION on file;
however, as two (2) years have passed since its initial approval, updated title work and a current
copy of the plat is required for review and before any plat recording; and
WHEREAS, a public hearing was noticed in the Brooklyn Center Sun Post on April
25, 2024, and a hearing scheduled for May 9, 2024; however, the Applicant requested the hearing
be continued due to the Applicant’s inability to attend the meeting; and
WHEREAS, as members of the public were present, the Planning Commission held
a duly called public hearing, whereby a staff report was presented, and the public hearing was opened
to allow for public testimony; and
WHEREAS, a motion to continue the public hearing to the June 13, 2024 Planning
Commission meeting was requested by the Planning Commission, a 60-day letter of extension was
issued to the Applicant in accordance with Minnesota Statutes Section 15.99 Subd. 3(f), and the
hearing was ultimately continued at the June 13, 2024 Planning Commission meeting where
additional public testimony was provided for the record; and
WHEREAS, the City Council of the City of Brooklyn Center has determined during
its review of the preliminary and final plat that said plat is in general conformance with Chapter 35
of the City Code of Ordinances and Sections 35-8106 (Preliminary Plat), 35-8107 (Final Plat), and
35-5100 (Dimensional Standards Summary), and the approximately 0.88-acre Subject Property and
proposed development meets minimum lot width and area requirements as the allowable density
range for the underlying Neighborhood Mixed-Use zoning designation is 15 to 31 dwelling units per
acre (DU/Acre) and the development, as proposed, would fall within this range at 18 dwelling units.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that Planning Commission Application No. 2024-007, as submitted by
C Alan Homes LLC, and requesting re-approval of the preliminary and final plats for ROBERTSON
AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION, be approved based upon the
findings of fact in the Planning Commission staff report last revised June 13, 2024, submitted
documentation and plans, and as amended by the following conditions of approval:
1. Re-approval of the preliminary and final plats for ROBERTSON AND BREKKE
BROOKLYN BOULEVARD SECOND ADDITION are contingent upon the addressing
of any remaining comments by Assistant City Engineer Hogg in his memorandum dated
RESOLUTION NO.
August 4, 2020.
2. The preliminary plat, final plat, and mylar shall be subject to the provisions as outlined
under Chapter 35 (Unified Development Ordinance), Section 35-8106 (Preliminary Plat)
and Section 35-8107 (Final Plat).
a. Preliminary plat shall be reviewed against the most recent version of the final plat
approved by Hennepin County and updated accordingly.
b. Preliminary plat shall be updated to reflect the existing zoning classification and
total approximate acreage.
3. Any comments and/or requirements as provided by Hennepin County.
4. Any comments and/or requirements from the City Attorney’s office, and specifically
regarding an updated certified abstract of title/title commitment.
5. The successful recording of said plat (mylar) with Hennepin County.
June 24, 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.
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
MAY 9 , 2024
1.CALL TO ORDER
The Planning Commission meeting was called to order by Chair Koenig at 7:18 p.m. The meeting
was conducted in person and via Webex.
2.ROLL CALL
Chair Alexander Koenig, Vice Chair Randy Christensen, and Commissioners Paris Dunn, and
Stephen Schonning were present. Planning Manager Ginny McIntosh and Associate Planner
Krystin Eldridge were also present.
Commissioners Leino and Jones were absent and excused.
3.APPROVAL OF AGENDA – MAY 9, 2024
There was a motion by Commissioner Schonnning, seconded by Commissioner Christensen to
approve the agenda for the May 9, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
4.CHAIRPERSON’S EXPLANATION
Chair Koenig explained the Planning Commission’s role as an advisory body. One of the
Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
5.PLANNING APPLICATION ITEMS
5a. Planning Commission Application No. 2024-008
Applicant: Independent School District #286 (Brooklyn
Center Community Schools)
Summary: Independent School District #286 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
Approved Meeting Minutes Excerpt-
PC Application No. 2024-007
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Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
Keith K. asked how many buildings could be on each lot. Ms. McIntosh stated there is a plan for
one triplex on each lot. Keith K. asked how many buildings will be built. Ms. McIntosh stated
seven triplexes will be built.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
table public hearing to the June 13, 2024 Planning Commission meeting, to be held at Brooklyn
Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION
NO. 2024-006 SUBMITTED BY C ALAN HOMES LLC
This was not addressed as the item was tabled to the June 13, 2024 Planning Commission meeting,
to be held at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m.
5f. Planning Commission Application No. 2024-007
Applicant | Property Owner: C Alan Homes LLC
Address (PID): 6921, 6927, 6933, 6939 Brooklyn Boulevard
(27-119 -21-33-0014, 27-119 -21-33-0013,
27-119-2133-0012, and 27-119 -21-33-0011)
Summary: C Alan Homes LLC is requesting review and
consideration for the re-approval of
preliminary and final plats originally
approved by the City of Brooklyn Center in
2020. As the final plat was not recorded with
Hennepin County within one (1) year
following City Council approval, the final
plat is considered void and re-approval of the
plat is required per Section 35-8000
(Subdivisions and Planned Unit
Developments).
Ms. McIntosh explained C Alan Homes LLC is requesting re-approval of a preliminary and final
plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION
which was initially approved by City Council under Planning Commission Application No. 2020-
005 and City Council Resolution No. 2020-068. Said application also included requests for
approval of a site and building plan and establishment of a Planned Unit Development for a series
of six triplexes and related site improvements on what was formerly land owned by the City of
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5-9-24 -22-
Brooklyn Center Economic Development Authority (EDA), and commonly addressed as 6921,
6927, 6933, and 6939 Brooklyn Boulevard. The south site is 1.65 acres, and the north site is 0.9
acres. The sites are in the PUD/Neighborhood Mixed-Use zoning district, and the future
designation is Neighborhood Mixed Use.
OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-007
There was a motion by Commissioner Schonning, seconded by Commissioner Dunn, to open the
public hearing on Application No. 2024-007.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
Keith K. explained he lives across the street from the property. He and his neighbors were present
to ask how the properties would be accessed. They don’t want there to be access from Brooklyn
Boulevard because it would increase speeding cars and traffic. There are many children in the
neighborhood. If the farthest north lot would be parking, it would only add to the light pollution.
The whole neighborhood is on the same page.
Chair Koenig encouraged the commenters to attend the tabled public hearing on June 13, 2024.
Ruth H. stated she doesn’t agree with the other commenter’s assumption regarding curb cuts that
the development would be accessed off Brooklyn Boulevard. She explained she lives on the corner
of Lee and 69th.
Ms. McIntosh explained Brooklyn Boulevard is owned by Hennepin County. When the
development was initially reviewed in 2020, the County was adamant that no access would be
provided for off Brooklyn Boulevard. The only access granted is for emergency access, which will
be as a right out only and gated. All access to the site would be off Lee Avenue North.
Luba E. noted she is concerned about 18 residences in an area that was originally intended for four
homes. There won’t be enough parking for 18 houses. It will greatly increase the usage of Lee
Avenue North. The Commission is doing a disservice to the neighborhood. The applicant can’t
even start the building efforts after several years.
Chair Koenig stated the applicant isn’t available to provide a response. However, encouraged the
commenter to attend the tabled public hearing on June 13, 2024.
Sean S. stated several kids play on the dead end of Major Avenue. They put cones out to block the
area for their safety. There are several ages of kids in the area. There would be increased traffic
and an interruption of the neighborhood’s gathering spaces. Also, the bus stop nearby is unsafe as
he recently experienced an attempted robbery. There is a lot of crime in the area, and Lee Avenue
is a peaceful area. There will be chaos if more residents are crammed into the neighborhood. With
the apartment building and nearby park, there are kids everywhere already.
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Chair Koenig encouraged the commenters to attend the tabled public hearing on June 13, 2024.
Lisa S. stated the 2020 City Council meeting didn’t consider the comments of the existing
residents. There isn’t a point encouraging the commenters to continue to express their concerns if
no one will listen. It is frustrating. There won’t be enough parking, and there would be way too
many people living in the area.
Chair Koenig encouraged the commenters to attend the tabled public hearing on June 13, 2024.
Lisa S. asked how the commenters can get the Council to listen. She asked if they should protest.
Chair Koenig suggested the commenters gather material facts and present their concerns at the
next public hearing.
Keith K. stated he would gather all of the input from the neighbors to present to the Commission.
No one wants the peaceful neighborhood to be negatively impacted. They will continue to
organize and compile comments as a united front.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Commissioner Christensen, seconded by Commissioner Dunn, to table
public hearing to the June 13, 2024 Planning Commission meeting, to be held at Brooklyn Center
City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted
aye. The motion passed unanimously.
Chair Koenig thanked the commenters for their input.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION
NO. 2024-007 SUBMITTED BY C ALAN HOMES LLC
This was not addressed as the item was tabled to the June 13, 2024 Planning Commission meeting,
to be held at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m.
6.DISCUSSION ITEMS
6a. City Council Updates | Upcoming Planning Commission Applications
Ms. McIntosh requested the Commissioners be present at the June meeting. She stated there may
be an application coming up from the school district.
Ms. McIntosh pointed out Wangstad Commons is under construction, and they hope to complete
the project by the end of the year. As an update, the City Council did approve the conversion of
the former Discount Tire at 1450 Shingle Creek Crossing to an expanded Icon Beauty Supply
Store.
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
JUNE 13, 2024
1.CALL TO ORDER
The Planning Commission meeting was called to order by Chair Koenig at 7:03 p.m. The meeting
was conducted in person and via Webex.
2.ROLL CALL
Chair Alexander Koenig, Vice Chair Randy Christensen, and Commissioners Stephanie Jones
(arrived at 7:22 p.m.), Paris Dunn, and Stephen Schonning were present. Planning Manager Ginny
McIntosh, Associate Planner Krystin Eldridge, Community Development Director Jesse
Anderson, and Economic Development Manager Ian Anderson were also present.
Commissioner Stan Leino was absent and excused.
3.APPROVAL OF AGENDA – JUNE 13, 2024
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
approve the agenda for the June 13, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn, voted
aye. The motion passed unanimously.
4.APPROVAL OF MINUTES
4a. May 9, 2024 Regular Meeting Minutes
There was a motion by Commissioner Schonning, seconded by Commissioner Dunn, to approve
the minutes of the May 9, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn, voted
aye. The motion passed unanimously.
4b. March 14, 2024 Regular Meeting Minutes
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
approve the minutes of the March 14, 2024 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn, voted
aye. The motion passed unanimously.
Draft Meeting Minutes Excerpt-
PC Application No. 2024-007
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6-13-24 -6-DRAFT
known as 6025, 6031, 6037, and 6045 Brooklyn Boulevard, based on the findings of fact and
subject to the Applicant complying with the Conditions of Approval as noted above.
Voting on the motion: Commissioners Christensen, Jones, and Dunn voted aye.
And the following voted against the same: Chair Koenig and Commissioner Schonning.
The motion passed (3-2).
6b. Planning Commission Application No. 2024-007 (PUBLIC HEARING –
CONTINUED)
Applicant | Property Owner: C Alan Homes LLC
Property Address: 6921, 6927, 6933, 6939 Brooklyn Boulevard
(27-119 -21-33-0014, 27-119 -21-33-0013,
27-119-2133-0012, and 27-119 -21-33-0011)
Summary: The public hearing was continued at the May
9, 2024 Planning Commission meeting to the
June 13, 2024 meeting. This was per the
request of Applicant C Alan Homes LLC.
C Alan Homes LLC is requesting review and
consideration for the re-approval of
preliminary and final plats originally
approved by the City of Brooklyn Center in
2020. As the final plat was not recorded with
Hennepin County within one (1) year
following City Council approval, the final
plat is considered void and re-approval of the
plat is required per Section 35-8000
(Subdivisions and Planned Unit
Developments).
Ms. McIntosh explained C Alan Homes LLC is requesting re-approval of a preliminary and final
plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION,
which was initially approved by City Council under Planning Commission Application No. 2020-
005 and City Council Resolution No. 2020-068. Said application also included requests for
approval of a site and building plan and establishment of a Planned Unit Development for a series
of six triplexes and related site improvements on what was formerly land owned by the City of
Brooklyn Center Economic Development Authority (EDA), and commonly addressed as 6921,
6927, 6933, and 6939 Brooklyn Boulevard. The north site is 0.88 acres, is zoned
PUD/Neighborhood Mixed Use, and the future designation is Neighborhood Mixed Use.
Ms. McIntosh noted although the applicant successfully purchased the property in late 2020, and
a single Purchase and Development Agreement was executed for what were two sets of properties
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intended for a scattered site triplex development, the applicant and property owner ran into delays
with the property, which was the first to go under construction. This was following a request by
Hennepin County that certain property contained within the plat be quit claimed to the County for
right-of-way purposes. This resulted in the need for a partial release of the Purchase and
Development Agreement and Declaration of Restrictive Covenants and Quit Claim Deed for this
property in March 2022.
Ms. McIntosh stated it was during this time frame that the Applicant’s lender stopped funding the
project and the applicant entered into two years of litigation to keep the development afloat. The
request for re-approval of the preliminary and final plats is more imminent at this time as the
applicant and property owner recently entered into a voluntary foreclosure proceeding with a short
redemption period.
Ms. McIntosh stated the applicant has indicated that they are now in the process of re-financing
the project and have partnered with developer Devean George; however, the preliminary and final
plats require a re-approval from the City and the applicant will also separately require approval of
an Amended Development Agreement as they are currently in default given the project was not
completed within the timeframe outlined.
Ms. McIntosh pointed out City Staff reached out to the Hennepin County Survey Division and
they confirmed they still have the plat information on file; however, because two years have passed
since the initial approval, they would require updated, current title work, which the City also
requires, as well as the most recent copy of the plat.
Ms. McIntosh stated as part of the 2020 application and review, it was requested that legal
descriptions and easement vacations for all existing easements and certain vacations of existing
public easements, as determined by the City, be submitted. The applicant shall also provide and
maintain a current abstract of title and title commitment for City Attorney and Hennepin County
review.
Ms. McIntosh noted former Assistant City Engineer, Andrew Hogg, initially review the plats and
provided a memorandum and redlined set of comments dated August 4, 2020. A 10-foot drainage
and utility easement were noted as required for dedication around the entire perimeter of the
property. An additional utility easement shall be dedicated on the plat to allow for any future
maintenance of private water mains and sanitary sewer per Development Agreement requirements.
Although the existing sidewalk appears to be outside property lines, its placement should be
verified.
Ms. McIntosh showed the list of conditions of approval. The plats, easements, and other items are
addressed.
Ms. McIntosh added due to the nature of the requests, a public hearing notice was published in the
Brooklyn Center Sun Post on April 25, 2024. Mail notifications were sent to those property owners
and residents located in vicinity of the subject property, and public hearing notice uploaded to the
City’s website. A link to the public hearing notice was also published on the City’s website and
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sent out by email to subscribers of the City’s weekly events bulletin. City Staff is in receipt of two
public comments received by email. Ms. McIntosh added there are additional comments provided
at the previous Planning Commission meeting, which are reflected in the minutes.
OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-007
There was a motion by Commissioner Schonning, seconded by Commissioner Dunn, to re-open
the public hearing on Application No. 2024-007.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Dunn,
voted aye. The motion passed unanimously.
Luba Evarts, 6936 Major Avenue North, stated the short sale is concerning. A bankrupt builder
doesn’t make sense. Also, the amount of people in the small space would negatively impact Lee
Avenue and increase congestion. The 30 parking spots for 18 units is concerning. Overnight
parking isn’t allowed on the street. It is ridiculous for the Commission to put such a burden on the
community.
A resident located off Major Avenue North stated he is only one block away from the site.
However, he was not notified of the hearing. There are 18 habitable units, but the number of
sleeping spaces may vary. Ms. McIntosh stated there is maximum occupancy per living space.
Chair Koenig stated there are three units per building. Each unit is three bedrooms. Ms. McIntosh
stated there are leasing requirements and Code requirements that determine how many people
could reside in each bedroom.
The resident stated if there was one person living in each bedroom, that would be more than 80
people. Chair Koenig stated he doesn’t know the specific Code regulations that dictate the
occupancy rates. The resident pointed out the purpose of a Planning Commission is to plan
projects, so they need to know the specifics in order to properly plan.
Ms. McIntosh stated building, zoning, and fire code all inform the occupancy.
The resident added the maintenance of the area has deteriorated over recent years. The number of
tires and televisions on the property in question is concerning. The resident explained he has
received notices to cut his grass. He asked if the property has received the same notices.
Ms. McIntosh explained inspectors often rely on notifications from residents to send out notices.
The resident asked if there is a record of notices sent. Ms. McIntosh stated she can check, but she
doesn’t have the information available presently.
The resident asked what the original plan was for the land after it was purchased by the
Economic Development Authority. Ms. McIntosh explained single-family homes have been
removed from Brooklyn Boulevard. The goal is to eliminate curb cuts onto the Boulevard to
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promote safety. The sites in question were not eminent domain, and the previous owners
elected to sell; however, the City knew there would be access constraints.
Daniel Dempsey, 6915 Major Avenue N, asked if a traffic study has been completed. Ms. McIntosh
stated engineers have threshold requirements to trigger a traffic study. In this case, a traffic study
wasn’t required. The studies typically look at peak traffic and doesn’t usually trigger for smaller
residential developments. Ms. McIntosh gave an example of the 54-unit Wangstad Commons
development underway off Brooklyn Boulevard and how that did not trigger a traffic study.
Genevieve Veigel, 6939 Major Avenue North, explained there is no parking on the north side of
70th. It was her understanding Lee would only be for entrance or exit. As it stands, there isn’t
enough room for cars to pass one another. Adding more cars into the area seems unrealistic. Plus,
adding more lots appears to be a money grab. The number of children in the existing neighborhood
should be considered with the increased car traffic, snow routes, access to the park, and school bus
stops.
Jamie Teske, 6945 Lee Avenue North, added the neighborhood also receives traffic from group
homes next to Slim’s. They use the residential streets to park during the day shift because there
isn’t enough parking at the group homes. The neighborhood has also spoken with the car
dealerships about the test drives. The development seems like an affordable housing break. The
units are just being stuffed into one small area, and there has to be a better location for them.
Sean Sullivan, 6933 Major Avenue North, noted his agreement with the previous comments. There
are plenty of available apartment buildings and rental homes. On top of that, a “luxury” build
across the street from a gas station that has regular shootings doesn’t make sense. Mr. Sullivan
pointed out there are several children in the neighborhood running around the area.
Luba Evarts stated there are only 0.88 acres there and they are trying to put six buildings on the
area. It is a discrepancy.
Mike Vang, Major Avenue North, pointed out his family is newer to the area. The development
would add traffic onto Lee and then potentially the other street. He asked if there is a plan
to update the 69th Avenue North thoroughfare, for a roundabout, updated traffic signal, or other
traffic implement. Ms. McIntosh stated the Public Works Department would need to address
any traffic improvements as part of their Capital Improvement Plan.
Mary Bornholt, 6939 Lee Avenue North, explained she is concerned about snow removal. She
asked where the new buildings would put the snow. If they keep it on their property, they will lose
parking spots. If they put their snow on the street, then it will impact the space to drive.
Keith Kogo asked if the attorney is representing the residents, the Planning Commission, or the
developer. Ms. McIntosh stated the City Attorney represents the City of Brooklyn Center.
Mr. K ogo asked who the alderman is. Ms. McIntosh stated the City has no alderman.
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Chair Koenig explained there are five Councilmembers, and they each represent the entire City.
Mr. K ogo stated the owner can’t afford someone to maintain their lawn. It is unreasonable to
expect the owner to afford building a unit and paying the City. The development isn’t a good
decision. There is a lot of greed. The single-family homes pay taxes to the City and contribute to
Brooklyn Center. He asked if they are just a transaction to the City.
Mr. K ogo added he has seen a lot of death on Brooklyn Boulevard. There are regular gunshots.
Law enforcement ran through his yard in a chase and ruined his shed. A recent murder hasn’t even
been solved yet. There is no reason to put luxury homes in the midst of all of the crime.
A resident, residing on Major Avenue North, asked how short the foreclosure period is. Chair
Koenig stated he did not know.
Terry Robertson, representative of C Alan Homes, explained he was looking forward to the
meeting to address any questions and concerns. The foreclosure period is 60 days.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
close the public hearing on Application No. 2024-007.
Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Dunn,
voted aye. The motion passed unanimously.
Chair Koenig thanked the commenters for sharing and explained their comments have been
included on the record. The public comment period is now closed.
Commissioner Christensen stated he also has concerns about parking as well. When the project
was originally recommended, he was not part of the Planning Commission. He has similar
questions to those raised by the commenters. He stated he lives on 70th and Regent and grew up
nearby as well. He is familiar with the area.
Commissioner Schonning added he also wasn’t on the Planning Commission when the project was
originally recommended, though he has been on the Planning Commission on and off for 13 years,
with a four-year gap. The role of Planning Commissioner is purely voluntary and costs the City
nothing. He noted he was offended by anyone who questions his authenticity, motives, or anything
that happens in this group of people. The Commission is here out of their own concern for the City
and its residents.
Commissioner Schonning stated he also has concerns about the snow removal.
Commissioner Jones asked why the project has taken so long to get started. Mr. Robertson
explained there was a delay with the County. The City hadn’t previously resolved the title work,
and the developer doesn’t have any control over it. There was funding secured previously. The
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lender ran into technical difficulty with the financing. His project had equity because they didn’t
charge a developer, builder, or construction management fee. He has continued to work on the
project because he is not at fault for any of the delays. The funder stopped taking payments, which
resulted in the property going into default.
Mr. Robertson stated he grew up in the area. He only left the area to live where his wife grew up.
He explained he is also passionate about Brooklyn Center. The goal isn’t to pack people in. It is
not a high-density project. There could be an opportunity to go after higher density, but he didn’t.
Mr. Robertson is committed to the project because he wants to build a nice place to live.
Mr. Robertson pointed out there is a lot of misinformation about the project. Someone mentioned
the new development would be over Mr. Kogo’s home. As this is false information, he sent over
the preliminary plat that received unanimous support from both the Planning Commission and the
Council. Out of 39 units, only seven are considered affordable.
Mr. Robertson stated he has met with neighbors such as Lisa Tes ke to address any concerns they
have had. There are LOIs for all 39 apartments. It will be a success for the City and the developer.
No one likes change. Where Mr. Robertson lives, there is concern a home will be built close to
his property.
There was a comment from someone in the audience. Chair Koenig asked for the audience to
remain quiet.
Mr. Ko go stated he was conversing with Mr. Robertson. He mentioned some inaccuracies with
the two homes on the plat. Chair Koenig suggested the questions be asked after the meeting.
Commissioner Jones asked what Mr. Robertson is doing to prevent a similar issue with the lender
or with the County. Mr. Robertson stated he doesn’t control what the County does. The title work
had to be corrected by the City, and it is completed. The lender is predatory, and they lent out
more money than they had to loan. Mr. Robertson left several million dollars on the table as a
benefit to Brooklyn Center. You can never make everyone happy. However, his goal is to make a
development that everyone can be proud of.
Mr. Robertson stated another developer, Devean George, offered to back the project financially.
Commissioner Jones asked if he has worked with Mr. George previously. Mr. Robertson stated he
has worked with Mr. George on more expensive residential projects.
Commissioner Dunn asked how many units are planned to be built. Mr. Robertson stated there are
seven buildings on the south site and six buildings on the north site. In total, there are 39
apartments. However, he could have fit in more units or focus on low-income housing. There is
no tax increment financing attached to either property, and he did not ask out of his respect for
Brooklyn Center. Additionally, Mr. Robertson paid $200,000 in attorney fees fighting to keep the
project afloat. There is a lot of misinformation about the projects.
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Commissioner Dunn asked if there will be fencing around the buildings to ensure the residents exit
a certain way. Mr. Robertson stated they plan to put fencing around the development on 61st. They
originally intended a gated community, but decided against it because of malfunction potential of
gates. There cannot be a gated entry on 69th.
An audience member asked for Mr. Robertson to address the misinformation. Mr. Robertson
explained he is answering the questions one at a time as asked by the Commissioners. He wants
to address all of the concerns. For example, the lawn has been mowed on 69th. An audience
member stated it was mowed poorly.
Chair Koenig asked for Mr. Robertson to continue answering the questions of the Commission.
Commissioner Dunn stated he had more questions.
Mr. Robertson agreed the grass could be cut better. Chair Koenig asked for Mr. Robertson to listen
to Commissioner Dunn’s question.
Commissioner Dunn asked where the residents will enter and exit the property. Mr. Robertson
stated the only entrance is on Lee Avenue North.
Commissioner Dunn noted there are concerns about safety and crime in the area. It sounds like
the gas station is the issue. Perhaps the gas station situation needs to be addressed.
Mr. K o go asked how they could address the gas station crime. There is also a halfway house
nearby. Chair Koenig asked for the members of the public present to allow the Commission to
continue speaking.
Mr. Robertson stated the development on 61st will be fenced in. The 69th development will also
be fenced. There will also be security measures such as cameras. Commissioner Dunn asked if
there would be security personnel on-site. Mr. Robertson stated the buildings are set up similarly
to single-family homes, so each have their own security cameras.
Mr. Robertson added they are trying to attract a different demographic, and they will be selective
of the tenants. They are pulling from downtown professionals.
Mr. K o go stated that is going to be a lot of traffic and lights streaming into his backyard. Chair
Koenig asked for Mr. Kogo to stop engaging with Mr. Robertson.
Commissioner Christensen explained the issue at hand is the re-plat.
Ms. McIntosh stated a number of topics have been addressed, but most of them will be handled
separately by the EDA on June 24. The topic at hand is considering the dimensions of the lot and
various easements. Hennepin County already approved the plat to be filed. Any title work has
been corrected as well. Nothing has significantly changed since the proposal was considered and
approved in 2020. The EDA may not support the amended development agreement, but again,
that is a separate item for consideration. If the Planning Commission were to recommend approval,
it doesn’t ensure the proposed developments will be built.
Commissioner Jones asked how the snow will be handled. Mr. Robertson stated there is green
space available for snow storage. There is also an option to put snow between the buildings. No
snow will be put onto the residential streets. All parking will be by permit. Anyone without
permits will be towed.
Mr. K ogo s tated all of that is in his backyard.
Mr. Robertson stated the goal was to bring a luxury product to Brooklyn Center that no one has.
The project can be plugged and played throughout the country. The affordable units are
coming out of his own pocket as it was requested by Council and he is taking a hit to offer it.
Commissioner Dunn asked for Mr. Robertson to explain the exits and entrances. Mr.
Robertson pointed out the entrance from Lee and the emergency vehicle entrance on Brooklyn
Boulevard.
Ms. McIntosh stated the County permits the curb cut for emergency vehicles only.
Mr. Robertson pointed out that the residents had expressed concerns about residents of a
nearby apartment building parking on 70th Avenue North, but with a recent change in
property management, they haven’t been having as many issues lately. A property management
team will be running the triplex development. He offered to provide his personal cell number
for anyone with questions or concerns. After the lawn was mowed recently, the mower
contacted him and explained he did it quickly but not well. The mower planned to return to fix
the job. Mr. Robertson stated he wants to work with the community to benefit everyone.
Chair Koenig stated the item needed to be wrapped up as the comments are getting repetitive.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION
NO. 2024-007 SUBMITTED BY C ALAN HOMES
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
recommend City Council approval of Planning Commission Application No. 2024-007 for
the requested re-approval of the preliminary and final plat for ROBERTSON AND
BREKKE BROOKLYN BOULEVARD SECOND ADDITION for the Subject Property located
on what is currently known as 6921, 6927, 6933, and 6939 Brooklyn Boulevard, based on the
findings of fact and subject to the Applicant complying with the Conditions of Approval as noted
above.
Voting on the motion: Commissioner Christensen voted aye.
And the following voted against the same: Chair Koenig and Commissioners Dunn, Schonning,
and Jones.
The motion failed (1-4).
PC Minutes -13- DRAFT
6-13-24
C ouncil R egular M eeng
DAT E:6/24/2024
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:J esse A nders on, C ommunity D evelopment D irector
S U B J E C T:Res olu-on A pproving A mended Performance A greements with C A lan H omes
Requested Council A con:
-Moon to approve a resoluon approving an amendment to a performance agreement (6025, 6031,
6037, and 6045 Brooklyn Boulevard)
-Moon to approve a resoluon approving an amendment to a performance agreement (6921, 6927,
6933, and 6939 Brooklyn Boulevard)
B ackground:
I n S eptember 2020 the E DA entered into an agreement with C . A lan H omes, L L C to purchase E DA -ow ned
proper-es located at 6025, 6031, 6037, and 6045 Brooklyn Boulevard (P roject 1), as well as proper-es
located at 6921, 6927, 6933, and 6939 Brooklyn Boulevard (P roject 2). The proper-es were s old to C.
A llen on D ecember 29, 2020.
C. A llen H omes also entered into Performance A greements with the City requiring cons truc-on of 13 total
tri-plex rental units no later than D ecember 31, 2022 (for P roject 1) and D ecember 31, 2023 (for P roject 2).
C. A llen commenced construc-on of the infras tructure and 2 of the tri-plex buildings in P roject 1 but did not
complete construc-on within the agreed upon -meframe. I n addi-on, the lender for the project has since
ini-ated the s teps necessary to foreclos e on the property.
S taff w orked pro ac-vely w ith C. A llen H omes over the last several months to iden-fy the C ity and E DA
ac-ons neces s ary to get the project back on track. Thes e include a renew ed planning applica-on, an
amended P urchase and D evelopment A greement with E DA , and amended performance A greements with
the C ity. C . A llen H omes has come forward to take the neces s ary ac-ons for the project and is as king the
City to extend the -meframes for comple-on of its projects to D ecember 31, 2025. The Performance
A greement amendments prepared for E DA considera-on extend all the -meframes for comple-on to
D ecember 31, 2025, leaving all other requirements in place.
Recommendaon and A lternaves
G iven pas t E DA and C ity C ouncil direc-on on the s ite and a review of the alterna-ve outcomes for these
proper-es, s taff recommends approval of the amendments. C. A llen’s two exis -ng tri-plex buildings in
P roject 1 are high quality rental buildings that meet the original development objec-ves on the site. The
opportunity to finis h this development as originally an-cipated provides for the des ired outcome w ith
limited addi-onal resource alloca-on from the C ity.
I f the amendments are not approved, there may be a foreclosure on the s ite. I f the property is foreclos ed
upon, the future ow ner w ill be bound by the provisions of the original P urchas e and D evelopment
A greement. This is further outlined in the aCached memorandum from Kennedy and G raven.
I f the E DA w ere to take the property back, the development process would have to begin again from the
s tart and will likely take more -me and res ources to complete. For these reasons, providing more -me to
s ee if C. A llen homes can complete project is the preferred path forward.
B udget I ssues:
This item w ill have no immediate effect on the budget.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on P roject 1 (S outh S ide)6/17/2024 Resolu-on LeCer
A mendment to Performance A greement - P roject 1 6/17/2024 Exhibit
Res olu-on P roject 2 (North S ide)6/17/2024 Resolu-on LeCer
A mendment to Performance A greement - P roject 2 6/17/2024 Exhibit
M emo F rom City ACorney 6/17/2024 Backup M aterial
BR305\162\958741.v1
Member ______________________ introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2024- _______________
RESOLUTION APPROVING AN AMENDMENT TO A PERFORMANCE
AGREEMENT (6025, 6031, 6037, AND 6045 BROOKLYN BOULEVARD)
WHEREAS, the City and C. Alan Homes, LLC (the “Developer”) entered into that certain
Performance Agreement effective on December 30, 2020 (the “Agreement”), relating to the
Developer’s construction of certain improvements on the property located at: 6025, 6031, 6037,
and 6045 Brooklyn Boulevard (the “Property”); and
WHEREAS, the Agreement required the Developer to construct improvements on the
Property by December 31, 2022; and
WHEREAS, the Developer has commenced construction of the improvements but has not
completed construction of them; and
WHEREAS, the Developer has requested an extension to the amount of time that it has to
construct the improvements to December 31, 2025; and
WHEREAS, the City is willing to agree to this extension of time; and
WHEREAS, the City and the Developer desire to amend the Agreement in order to allow
for the Developer until December 31, 2025 to construct the improvements specified in the
Agreement as more specifically set forth herein; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center, Minnesota, that the First Amendment to Performance Agreement is approved and the
Mayor and City Manager are hereby authorized to execute the document on behalf of the City of
Brooklyn Center.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
RESOLUTION NO. _______________
2
BR305\162\958741.v1
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.
1
BR305\162\953614.v1
FIRST AMENDMENT TO PERFORMANCE AGREEMENT
(PROJECT 1 – 6025, 6031, 6037, AND 6045 BROOKLYN BOULEVARD)
THIS FIRST AMENDMENT TO PERFORMANCE AGREEMENT (this “First
Amendment”) is entered into this ___ day of _____________, 2024, by C. Alan Homes, LLC, a
Minnesota limited liability company (the “Developer”) and the City of Brooklyn Center, a
Minnesota municipal corporation (the “City”).
R E C I T A L S
WHEREAS, the City and the Developer entered into that certain Performance Agreement
effective on December 30, 2020 (the “Agreement”), relating to the Developer’s construction of
certain improvements on the property located at: 6025, 6031, 6037, and 6045 Brooklyn Boulevard
(the “Property”); and
WHEREAS, the Agreement required the Developer to construct improvements on the
Property by December 31, 2022; and
WHEREAS, the Developer has commenced construction of the improvements but has not
completed construction of them; and
WHEREAS, the Developer has requested an extension to the amount of time that it has to
construct the improvements to December 31, 2025; and
WHEREAS, the City is willing to agree to this extension of time; and
WHEREAS, the City and the Developer desire to amend the Agreement in order to allow
for the Developer until December 31, 2025 to construct the improvements specified in the
Agreement as more specifically set forth herein; and
NOW, THEREFORE, in consideration of the foregoing and the covenants and obligations
contained in this Amendment and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, it is agreed by and between the City and the
Developer as follows:
2
BR305\162\953614.v1
1. The “Completion Date for the Project” as specified on the first page of the
Agreement is changed to December 31, 2025.
2. Amendment Controls; Ratification and Affirmation. In the event that the terms of
this Amendment and the Agreement are held to be inconsistent, the terms of this Amendment shall
control. The parties each agree and warrant that, in all other respects, the Agreement is
unmodified, in full force and effect, and each party hereby ratifies and affirms the Agreement and
any terms contained therein not otherwise modified by this Amendment.
3. Counterparts. This Amendment may be executed in counterparts, each of which
shall be deemed an original but all of which, taken together, shall constitute one and the same
instrument. Each party may rely upon facsimile or electronic mail counterparts of this Amendment
signed by the other party with the same effect as if such party had received an original counterpart
signed by such other party.
[Remainder of page intentionally left blank.]
3
BR305\162\953614.v1
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date
first written above.
DEVELOPER:
C. ALAN HOMES, LLC
By: _____________________________________
Its: _____________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2024, by _____________ as ______________________ of C. Alan Homes, LLC, a Minnesota
limited liability company, on behalf of the company.
________________________________________
Notary Public
4
BR305\162\953614.v1
CITY:
CITY OF BROOKLYN CENTER
By:
April Graves
Its: Mayor
By:
Reginald Edwards
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of __________________,
2024, by April Graves and Reginald Edwards, the Mayor and the City Manager, respectively, of
the City of Brooklyn Center, Minnesota, a Minnesota municipal corporation behalf of the City.
________________________________________
Notary Public
This instrument was drafted by:
Kennedy & Graven, Chartered (SJS)
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300
BR305\162\958744.v1
Member ______________________ introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2024- _______________
RESOLUTION APPROVING AN AMENDMENT TO A PERFORMANCE
AGREEMENT (6921, 6927, 6933, 6939 BROOKLYN BOULEVARD)
WHEREAS, the City and C. Alan Homes, LLC (the “Developer”) entered into that certain
Performance Agreement effective on December 30, 2020 (the “Agreement”), relating to the
Developer’s construction of certain improvements on the property located at: 6921, 6927, 6933,
and 6939 Brooklyn Boulevard (the “Property”); and
WHEREAS, the Agreement required the Developer to construct improvements on the
Property by December 31, 2022; and
WHEREAS, the Developer has commenced construction of the improvements but has not
completed construction of them; and
WHEREAS, the Developer has requested an extension to the amount of time that it has to
construct the improvements to December 31, 2025; and
WHEREAS, the City is willing to agree to this extension of time; and
WHEREAS, the City and the Developer desire to amend the Agreement in order to allow
for the Developer until December 31, 2025 to construct the improvements specified in the
Agreement as more specifically set forth herein; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center, Minnesota, that the First Amendment to Performance Agreement is approved and the
Mayor and City Manager are hereby authorized to execute the document on behalf of the City of
Brooklyn Center.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
RESOLUTION NO. _______________
2
BR305\162\958744.v1
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.
BR305\162\958744.v1
Member ______________________ introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2024- _______________
RESOLUTION APPROVING AN AMENDMENT TO A PERFORMANCE
AGREEMENT (6921, 6927, 6933, 6939 BROOKLYN BOULEVARD)
WHEREAS, the City and C. Alan Homes, LLC (the “Developer”) entered into that certain
Performance Agreement effective on December 30, 2020 (the “Agreement”), relating to the
Developer’s construction of certain improvements on the property located at: 6921, 6927, 6933,
and 6939 Brooklyn Boulevard (the “Property”); and
WHEREAS, the Agreement required the Developer to construct improvements on the
Property by December 31, 2022; and
WHEREAS, the Developer has commenced construction of the improvements but has not
completed construction of them; and
WHEREAS, the Developer has requested an extension to the amount of time that it has to
construct the improvements to December 31, 2025; and
WHEREAS, the City is willing to agree to this extension of time; and
WHEREAS, the City and the Developer desire to amend the Agreement in order to allow
for the Developer until December 31, 2025 to construct the improvements specified in the
Agreement as more specifically set forth herein; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center, Minnesota, that the First Amendment to Performance Agreement is approved and the
Mayor and City Manager are hereby authorized to execute the document on behalf of the City of
Brooklyn Center.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
RESOLUTION NO. _______________
2
BR305\162\958744.v1
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.
1
BR305\162\953626.v1
Kennedy Sarah J. Sonsalla
Fifth Street Towers, Suite 700
150 South Fifth Street
Minneapolis MN 55402
&
Graven (612) 337-9284 telephone
(612) 337-9310 fax
ssonsalla@kennedy-graven.com
http://www.kennedy-graven.com
C H A R T E R E D
MEMORANDUM
Date: May 17, 2024
To: Ginny McIntosh
From: Sarah Sonsalla and Jenny Boulton
Re: C. Alan Homes Foreclosure Issues
It is my understanding that the City and the EDA are concerned that the property that was
purchased for development by C. Alan Homes may be foreclosed upon.
The Purchase and Development Agreement that was entered into by the EDA and C. Alan
Homes for C. Alan’s purchase and development of the property contains a reverter that requires the
property to revert back to the EDA if the minimum improvements are not constructed within a certain
amount of time. The Purchase and Development Agreement was recorded prior to any mortgages
being recorded against the property and no lenders required the EDA to subordinate the Purchase and
Development Agreement. Therefore, if a future owner of the property acquires the property through
foreclosure, the property would remain subject to the obligations of the developer in the Purchase and
Development Agreement.
The property is also subject to a Declaration of Restrictive Covenants (requiring the property
to remain as affordable housing for a period of 15 years). It should be noted that Section 1(b) of the
Declaration of Restrictive Covenants would allow for its termination as a result of the foreclosure.
The performance agreements that were entered into by the City and C. Alan Homes for certain
improvements on the property were not recorded. Therefore, the new owner of the property would
not be subjected to the terms and conditions of these performance agreements. However, it is
presumed that the new owner would need to enter into new performance agreements with the City in
order to complete the projects.
Please contact us if you have any questions. Thank you.
C ouncil R egular M eeng
DAT E:6/24/2024
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:C ity C ommis s ion A ppointments
Requested Council A con:
- appoint members to commissions
B ackground:
The M ayor is sugges /ng the following appointments to C ity C ommis s ions :
Cultural and P ublic A rts C ommission (only four suggested at the me of publicaon)
Jaclyn F ros t
Kari Kelly
Nahid K han
Keith W illiams
The las t three and any non-res ident will be dis cus s ed at the city council mee/ng.
F inancial C ommission
Venus Coleman
Michael D onnelly
H ousing C ommission
A lyssa Kuglin
Natalie O 'Connor
B udget I ssues:
- None
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect: