HomeMy WebLinkAbout2021 01-11 CCPCouncil S tudy S ession
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection via
telephone Dial: 1-312-626-
6799 Meeting I D:
97680230856# P asscode:
7635693300#
J anuary 11, 2021
AGE NDA
1.C ity C ouncil Discussion of Agenda Items and Questions - 6 p.m.
2.M iscellaneous
a.F ire Truck D iscussion
3.D iscussion of Work Session Agenda Item as T ime P ermits
4.Adjourn
C ouncil Study Session
DAT E:1 /11/2 0 2 1
TO :C ity Council
F R O M:C ur t Boganey, C ity M anager
T H R O U G H :N/A
BY:Todd Berg, F ire C hief
S U B J E C T:F ire Tr uck D is cus s ion
B ackground:
C IT Y C O UNC IL
M E E T I NG
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection via
telephone Dial: 1-312-626-
6799 Meeting I D:
97680230856# Passcode:
7635693300#
J anuary 11, 2021
AGE NDA
1.Informal Open Forum with City Council - 6:45 p.m.
Provides an opportunity for the public to address the C ounc il on items which are not on the
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to
make personal attacks, to air personality grievances, to make political endorsements, or for
political campaign purposes. Council Members will not enter into a dialogue with presenter.
Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time
for problem solving or reacting to the c omments made but, rather, for hearing the presenter for
informational purposes only.
I will first c all on those who notified the Clerk that they would like to speak during open forum,
and then I will ask if any one else c onnected to this meeting would like to speak. W hen I do,
please indicate y our name and then proc eed when I call on you. Please be sure to state your
name and address before speaking.
2.Invocation- Elliott - 7 p.m.
Administer Ceremonial Oath of Office
a.Council member Marquita Butler
b.Council member K ris L awrence-A nderson
3.Call to Order Regular Business M eeting
This meeting is being conduc ted electronic ally under Minnesota Statutes, section 13D .021 due
to the pandemic. For those who are connec ted to this meeting, please keep your microphone
muted. I f there is an opportunity for public c omment, y ou may unmute and speak when called
upon. Please do not talk over others and any one being disruptive may to ejec ted from the
meeting. The packet for this meeting is on the City's website, whic h is linked on the calendar or
can be found on "City Council" page.
4.Roll Call
5.P ledge of Allegiance
6.Approval of Agenda and Consent Agenda
The following items are c onsidered to be routine by the C ity Council and will be enac ted by one
motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which event the item will be removed from the c onsent agenda and considered at
the end of Council Consideration I tems.
a.Resolution Designating Official Newspaper
- Approve resolution Designating Official Newspaper for 2021
b.Resolution Declaring Commitment to the Brooklyn Center City Charter
- Approve resolution Declaring Commitment to the Brooklyn Center City
Charter
c.Resolution Recognizing the Contributions of E thnic P opulations and Heritage
Celebrations
- Approve a resolution Recognizing the Contributions of Ethnic Populations
and Heritage Celebrations
d.Resolution A pproving the 2021 Fee S chedule
- Motion to approve a resolution adopting the 2021 Fee Schedule
e.Resolution A uthorizing A cquisition of E asements for B rooklyn Boulevard
Corridor P roject P hase 2 I mprovements, Project No. 2021-05
Motion to approve a resolution authorizing acquisition of easements for
Brooklyn Boulevard Corridor Project Phase 2 I mprovements, Project No.
2021-05.
f.Resolution A pproving the A doption of a F air Housing P olicy
- Motion to adopt a resolution approving the Fair Housing Policy
g.Resolution Designating Depositories of City F unds for 2021
- Motion to approve a resolution designating depositories of City funds for
the 2021 fiscal year.
h.Resolution Opting not to Waive L imited Tort L iability for 2021
- Motion to approve a resolution adopting the no waiver option for statutory
tort liability insurance.
i.Resolution Granting Corporate A uthority for Signing of Checks and
Transactions of Financial B usiness Matters
- Motion to approve a resolution granting corporate authority for signing
checks and transactions of financial business matters to the City Manager
and Finance Director for the City of Brooklyn Center.
j.Annual Appointment of municipal trustees to the Brooklyn Center F ire Relief
Association board of trustees
Appoint municipal trustees to the Brooklyn Center F ire Relief Association
board of trustees.
7.P resentations/Proclamations/Recognitions/Donations
8.P ublic Hearings
The public hearing on this matter is now open. I will first call on those who notified the Clerk that
they would like to speak to this matter, then I will ask if anyone else on this meeting would like to
speak during this hearing. W hen I do, please indic ate your name and then proceed when I call
on you. Please be sure to state your name and address before speaking.
a.An Ordinance A mending Chapter 27 and 19 of the City Code of Ordinances
Regarding the Operation of Snowmobiles, All-Terrain Vehicles, Off-Highway
Motorcycles and Other Recreational Vehicles within the City
- Motion to:
Open the public hearing;
Take public input; and
Close the public hearing.
- Motion to approve the second reading, and adopt Ordinance Amending
Chapter 27 and 19 of the City Code of ordinances regarding the operation
of snowmobiles, all-terrain vehicles, off-highway motorcycles and other
recreational vehicles within the City
- Approve a resolution approving a summary publication of the above
ordinance.
b.2021 P roposed Utility Rates
- Motion to:
Open the public hearing;
Take public input; and
Close the public hearing
Motion to approve:
Resolution for 2021 Water Utility Rates
Resolution for 2021 Sanitary Sewer Utility Rates
Resolution for 2021 Storm Sewer Utility Rates
Resolution for 2021 Street Light Rates
Resolution for 2021 Recycling Rates
9.P lanning Commission Items
10.Council Consideration Items
a.Resolution Requesting Approval for a New Fire Truck Purchase
City Council to authorize City Manager Boganey to sign purchase
agreement for a new fire truck.
b.Resolution Selecting P residing Officers-Mayor P ro Tem and A cting Mayor
Pro Tem
- Appoint the Mayor Pro Tem and Acting President Pro Tem for 2021
c.Resolution A mending the Hospitality L icense for Radisson Hotel
- Approve the resolution with amended conditions
11.Council Report
12.Adjournment
State of Minnesota
County of Hennepin
City of Brooklyn Center
I, Marquita ButlerMarquita ButlerMarquita ButlerMarquita Butler do solemnly swear to support the Constitution of the
United States of America, the Constitution of the State of Minnesota,
and to discharge faithfully the duties devolving upon me as Council Council Council Council
MemberMemberMemberMember of the City of Brooklyn Center and CommissionerCommissionerCommissionerCommissioner of the
Economic Development Authority and Housing and Redevelopment
Authority of Brooklyn Center, Minnesota, to the best of my judgment and
ability.
Subscribed and sworn to before me this 11th day of January, 2021
City Clerk Council Member
State of Minnesota
County of Hennepin
City of Brooklyn Center
I, Kris LawrenceKris LawrenceKris LawrenceKris Lawrence----AndersonAndersonAndersonAnderson do solemnly swear to support the
Constitution of the United States of America, the Constitution of the
State of Minnesota, and to discharge faithfully the duties devolving upon
me as Council MemberCouncil MemberCouncil MemberCouncil Member of the City of Brooklyn Center and CommissionerCommissionerCommissionerCommissioner
of the Economic Development Authority and Housing and
Redevelopment Authority of Brooklyn Center, Minnesota, to the best of
my judgment and ability.
Subscribed and sworn to before me this 11th day of January, 2021
City Clerk Council Member
C ouncil R egular M eeng
DAT E:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:Barb S uciu, C ity C lerk
S U B J E C T:Res olu(on D esigna(ng O fficial Newspaper
B ackground:
S ec(on 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal
newspaper of general circula(on of the C ity as its official newspaper in w hich the C ity will publish
ordinances, bids , public hearing no(ces, adver(sing for propos als, asses s ments , bonds, financial reports,
and other ma4ers as required by law. S un Media has once again requested that the City Council consider
designa(ng Brooklyn C enter S un-Post to be the official new s paper for 2019. Brooklyn C enter S un-Post
meets all neces s ary requirements of a qualified newspaper. The rate structure is as follows:
- $11.90 per column inch (9 lines per inch= $1.32 per line).
B udget I ssues:
Legal publica(ons are a budgeted item.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera(onal Excellence
AT TA C H M E N TS :
D escrip(on U pload D ate Type
Res olu(on 12/2/2020 Resolu(on Le4er
S un Post Q uote 2021 1/5/2021 Backup M aterial
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION DESIGNATING OFFICIAL NEWSPAPER
WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the
City Council to annually at its first meeting of the year designate a legal newspaper of general
circulation in the city as its official newspaper in which shall be published such ordinances and
other matters as are required by law to be so published and such other matters as the council may
deem it advisable and in the public interest to have published in this manner; and
WHEREAS, the Brooklyn Center Sun-Post has previously been so designated;
and
WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for
designation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official
newspaper for the City of Brooklyn Center for the year 2021.
January 11, 2021
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:Barb S uciu, C ity C lerk
S U B J E C T:Res olu(on D eclaring Commitment to the Brooklyn Center City Charter
B ackground:
The C ity M anager is directed to place this res olu(on for re-adop(on on the agenda for the firs t mee(ng of
the C ity C ouncil each January as informa(on as and reminder of C ouncil/M anager responsibili(es.
B udget I ssues:
There are no budget is s ues to consider.
S trategic Priories and Values:
O pera(onal Excellence
AT TA C H M E N TS :
D escrip(on U pload D ate Type
Res olu(on 1/5/2021 Resolu(on Le4er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. ______________
RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN
CENTER CITY CHARTER
WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a
Council/Manager form of government; and
WHEREAS, said Charter provides that the City Council shall determine all
matters of policy, and the City Manager shall be the head of the administrative branch of the City
Government; and
WHEREAS, the Charter provides that there be no separate administrative
boards or commissions other than advisory boards or commissions; and
WHEREAS, numerous advisory commissions have served the City since
adoption of the Charter; and
WHEREAS, the Charter provides that the City Manager shall control and direct
all departments and divisions of the City and shall have the right to take part in Council
discussion and shall recommend such measures as deemed necessary; and
WHEREAS, the Charter prohibits Council members from dictating the
appointment of any person to office or employment by the City Manager except as provided in
Chapter 6 of this Charter; and
WHEREAS, the Charter requires the Council to deal with and control the
administrative service solely through the City Manager and prohibits any Council member from
giving orders to any subordinate of the City Manager, either publicly or privately; and
WHEREAS, the City Manager is charged by the Charter to see that the City
Charter and the laws and resolutions of the City are enforced; and
WHEREAS, the Council as a whole also has an obligation to ensure that its
business is conducted pursuant to the City Charter and the norms of acceptable and courteous
business behavior; and
WHEREAS, Council members must depend upon the City Manager and staff to
provide them with a great amount of background information, data, and expertise to aid in
deliberating issues, developing policy, and administering the Council’s responsibilities; and
RESOLUTION NO.
WHEREAS, the effectiveness of the services provided by the staff is in large
part determined by a relationship of trust and mutual respect between the staff and the City
Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council:
1. To rededicate itself to the spirit and letter of the City Charter and to
commit itself to ensuring compliance by the City Council collectively and
individually with that spirit and letter of the City Charter.
2. To rededicate itself to the checks and balances of the City Charter that
keep City government accountable.
3. To pledge that in its dealings with citizens and City staff, that the City
Council will treat such citizens and staff with respect and courtesy. The
Council shall deal with staff in accordance with the City Charter through
the City Manager.
4. To discharge its responsibilities as intended and established by federal,
state, and local laws and the City Charter, and to do so in a fair and
impartial manner for the good of the whole City and without regard for
personal gain or interests.
5. To direct the City Manager to place this resolution for re-adoption on the
agenda for the first meeting of the City Council each January hereafter, as
information and reminder of Council/Manager responsibilities.
January 11, 2021
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:Barb S uciu, C ity C lerk
S U B J E C T:Res olu(on Recognizing the C ontribu(ons of Ethnic Popula(ons and H eritage C elebra(ons
B ackground:
S ince 2003, as part of the City Council's goal of inclusivenes s , one of the as pects was to recognize the
various ethnic popula(ons and their contribu(ons as w ell as heritage celebra(ons . The proposed res olu(on
implements that C ouncil policy by an inclusive list of celebra(ons and contribu(ons in one res olu(on. By
adop(ng this resolu(on, the City acknow ledges thes e many events that occur throughout the course of the
year. This list is reviewed and amended annually.
B udget I ssues:
There are no budget is s ues to consider.
S trategic Priories and Values:
Enhanced Community I mage, I nclusive C ommunity Engagement, O pera(onal Excellence
AT TA C H M E N TS :
D escrip(on U pload D ate Type
Res olu(on 1/5/2021 Resolu(on Le9er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC
POPULATIONS AND HERITAGE CELEBRATIONS
WHEREAS, the City Council has established a goal to promote the inclusion of
all residents in Brooklyn Center’s community life by emphasizing opportunities to include all
residents in the community’s activities and plans; and
WHEREAS, the City Council recognizes that its cultural composition has
changed significantly over the past two decades, with its ethnic population over half of its total
population; and
WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its
people, and welcomes individuals of all races, religions, and cultural backgrounds; and
WHEREAS, each individual brings a part of his or her own heritage and over time
each heritage becomes part of our common heritage, leading us to become a more united people;
and
WHEREAS, the City Council recognizes the vital contributions ethnic
populations have made to the strength and diversity of our community and recognizes their rich
legacy of ingenuity, perseverance, and achievement; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following heritage celebrations and all other heritage celebrations
reflected in Brooklyn Center’s population are recognized for the purpose of encouraging our
citizens to learn more about the history of ethnic populations and how they have contributed to the
culture and heritage of our community:
February African American History Month
March Irish-American Heritage Month
March 25 Greek Independence Day
April 14 Pan American Day
May Asian and Pacific American Heritage Month
May Jewish American Heritage Month
May 17 (Syttende Mai) Norwegian Constitution Day
May 21 World Day for Cultural Diversity
June Caribbean-American Heritage Month
June 6 Swedish National Day
September 15-October 15 Hispanic Heritage Month
October Italian American Heritage Month
October 6 German-American Day
November American Indigenous Heritage Month
RESOLUTION NO. _______________
January 11, 2021
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager
BY:Barb S uciu, C ity C lerk
S U B J E C T:Res olu+on A pproving the 2021 Fee S chedule
B ackground:
Before you tonight for approval is the 2021 Fee S chedule. This is a comprehensive document that entails all
of the fees for the city and is approved annually. The changes to the 2021 Fee S chedule include:
B udget I ssues:
No budget issues related to this item
S trategic Priories and Values:
O pera+onal Excellence
AT TA C H M E N TS :
D escrip+on U pload D ate Type
2021 Fee S chedule 1/5/2021 Backup M aterial
Res olu+on 1/5/2021 Resolu+on Le4er
www.cityofbrooklyncenter.org
2021
FEE SCHEDULE
Licenses, Permits, Miscellaneous Services
Adopted March 1987
Updated 1/1/2020
6301 Shingle Creek Parkway ~ 55430-2199
763-569-3000
City of Brooklyn Center
Page 1
Introduction
In March 1987, the Brooklyn Center City Council approved an amendment to the City Ordinances
that removed the fees for licenses and permits from the City Ordinances and established fees by
Council resolution. The resolutions establishing fees for licenses and permits were collated into
the following fee schedule, and it is updated whenever fees are amended or new fees are
established. It provides a means by which fees for permits, licenses, and miscellaneous services
are incorporated into one document to aid employees who need to collect fees or provide public
information regarding fees. Fees for licenses and permits are set forth by Council resolution. Fees
for copies, research projects, maps, and ordinances are generally set by the City Manager.
Fees relating to the Community Center and Centerbrook Golf Course can be obtained directly
from the Department of Community Activities, Recreation, and Services and are not included in
this fee schedule.
Fees relating to the Earle Brown Heritage Center can be obtained directly from the Heritage
Center and are not included in this fee schedule.
Table of Contents
Licenses ........................................ 2-4
Permits ....................................... 5-10
Miscellaneous Services ............. 11-19
Licenses City of Brooklyn Center
Page 2
License Type Annual Fee Expiration City Code
Reference
Amusement Device
Operator
Kiddie Ride
$15/location, plus
$15/machine
Res. 87-31 $10/ride
June 30 23-2101
Minn. Stat. 449.15
Animals (Cats and Dogs)
Commercial Kennel Res. No. 97-180
$100
September 30 1-102
Bowling Alley Res. No. 97-180
$20/alley
December 31 23-209.01
Cesspool Cleaning Res. No. 87-31
$25
April 30 7-501
Christmas Tree Sales
Deposit
Res. No. 97-180
$60/lot
$100/lot
January 5 23-1301
Entertainment Res. No. 2020-17
$300
December 31
23-301
Filling Station
First Nozzle/Hose Each
Additional Nozzle/Hose
Res. No. 97-180
$90
$10
December 31 23-402
Filming & Photography $400 23-2500
Ord. No. 2017-02
Fireworks
Temporary Stand
Permanent Structure
Res. No. 2004-65
$350/location $100/location
December 31 19-403
Garbage and/or Rubbish Collection
Company
Vehicle
Res. No. 97-180
$85
$25
June 30 7-103
Hospitality Accommodations
Level I
Level II
Level III
Res. No. 2017-19
$150
$200 $300
April 30 23-2401
Liquor – Civil Penalties Res. No. 2019-116 11-107
Offense Civil Fine Suspension/
Revocation
First offense $500 None
Second offense $1,000 1 day suspension
Third offense $1,500 3 day suspension
Fourth offense $2,000 5 day suspension
Fifth offense $2,000 Revocation
Liquor – Consumption and Display
Temporary
(maximum 10 days for City)
Res. No. 2017-203
$300
$25
December 31
N/A
11-106
Liquor – Off-Sale 3.2 Malt Liquor Res. No. 2017-203
$100
December 31 11-106
Liquor – Off-Sale Brew Pub Res. No. 2017-203
$200 December 31 11-106
Liquor – Off-Sale Microdistillery Res. No. 2017-203
$200 December 31 11-106
Licenses City of Brooklyn Center
Page 3
License Type Annual Fee Expiration City Code
Reference
Liquor – Off-Sale Small Brewer License
Res. No. 2017-203
$200 December 31 11-106
Liquor – On-Sale 3.2 Malt Liquor
Temporary
Res. No. 2017-203
$500
$10/day
December 31
N/A
11-106
Liquor – On-Sale Brew Pub Res. No. 2017-203 December 31 11-106
On-Sale Intoxicating $6,500
On-Sale 3.2 Percent Malt Liquor $500
Liquor – On-Sale Brewer Taproom Res. No. 2017-203
$600 December 31 11-106
Liquor – On-Sale Club
Up to 200 members
201-500 members
501-1,000 members
1,001-2,000 members
2,001-4,000 members
4,001-6,000 members
Over 6,000 members
$300
$500
$650
$800
$1,000
$2,000
$3,000
December 31 11-106
Liquor – On-Sale Intoxicating
Hotels & Clubs Res. No. 2017-203
$6,500
December 31 11-106
Earle Brown Heritage Center $5,000
Culinary Class $100
Liquor – On-Sale Microdistillery Cocktail Room Res. No. 2017-203
$600 December 31 11-106
Liquor – On-Sale Sunday Sales Res. No. 2017-203 $200
December 31
11-106
Liquor – On-Sale Temporary
Maximum 3 consecutive days; no more
than 12 days per year
Special Event Permit
Maximum 10 consecutive days; no more
than 40 days per year
$25/per day
$25/per day
11-106
Liquor – On-Sale Wine Res. No. 2017-203
$2,000 December 31 11-106
Massage Establishment Res. No. 87-31 December 31 23-1703
Establishment $3,000
Investigation – Establishment $1,500
Masseur or Masseuse $50
Investigation – Masseur/Masseuse $100
Mechanical Systems Res. No. 97-180
$60 April 30 23-1500
Motor Vehicle Dealer Res. No. 97-180 April 30 23-1202
Class A $250
Class B $75
Licenses City of Brooklyn Center
Page 4
License Type Annual Fee Expiration City Code
Reference
Pawnbroker
Establishment
Investigation
Res. No. 2004-101
$3,000
$1,500
December 31 23-603
Rap Parlors, Conversation Parlors,
Adult Encounter Groups, Adult
Sensitivity Groups, Escort Services,
Model Services, Dancing Services, or
Hostess Services
Investigation
Res. No. 87-31
$1,500
$1,500
December 31 23-1804
Rental
Single Family Dwelling Initial
License/New Owner
Renewal License (no change in
license holder)
Two Family Dwelling
Each Rental Unit
Multiple Family Dwelling
Each Building
Each Unit Minimum
Base Fee
License Reinstatement
Conversion to Rental
A residential property converted to a
rental property or a registered
residential vacant building re-
occupied as a rental property. This
applies to lawful single-family and
Single-family attached dwellings.
Res. No. 2005-152
$400
$300
$200
$200
$18
$450
Res. No. 2011-65
$100
Res. No. 2008-150
$500
Varies 12-901
12-910
12-902
Saunas or Sauna Baths
Establishment
Investigation
Res. No. 87-31
$3,000
$1,500
December 31 23-1602
Secondhand Goods Dealer
Investigation
Res. No. 98-227
$750, plus
$1.50 per
reportable
transaction
$1,500
December 31 23-652
Sign Hanger Res. No. 97-180 $60 April 30 34-160
Taxicab Res. No. 2004-101 $100/vehicle December 31 23-702
Tobacco Related Products
Investigation
Res. No. 97-180
Res. No. 2014-57
$150
$150
December 31 23-101
Permits City of Brooklyn Center
Page 5
Permit Type Fee City Code Reference
Administrative Land Use
Outdoor church & civic functions, charities,
carnivals, etc.
Off-site signs for civic functions or community
events
Outdoor nursery & garden center sales & displays
Miscellaneous outdoor sales, displays, or
promotional events
Miscellaneous outdoor sales, displays, or
promotional events for gasoline service stations
Car wash fundraisers
$25/10 days
$25/10 days per location
$100/30 weeks
$50/10 days
$50/30 days
$25/10 days
35-800
Res. No. 99-172;
2005-65
Alarm
Fire
Police
1/No Charge
2/$150
3+/$300
1-4/No Charge
5/$50; after 5, each alarm
increased by $25
23-2006
Res. No. 93-233
Permits City of Brooklyn Center
Page 6
Permit Type Fee City Code
Reference
Building and Fire Protection
Valuation $1 to $1,000 Valuation $1,001
to $2,000
Valuation $2,001 to $25,000
Valuation $25,001 to $50,000
Valuation $50,001 to $100,000
Valuation $100,001 to $500,000
Valuation $500,000 to $1,000,000
Valuation $1,000,001 and up
Plan Check Fee
Investigation Fee
Residential Siding Replacement up to 4 units
Residential Family Roof Replacement up to 4 units,
not including flat roofs
Residential Solar Panel Installation
Egress Window
Window or Door Replacement
Residential Deck up to 4 units
$49.50
$49.50 for the first $1,000 plus
$3.25 for each additional $100 or
fraction thereof, to and including
$2,000
$82.00 for the first $2,000 plus
$14.85 for each additional $1,000 or
fraction thereof, to and including
$25,000
$423.55 for the first $25,000 plus
$10.70 for each additional $1,000 or
fraction thereof, to and including
$50,000
$691.05 for the first $50,000 plus
$7.45 for each additional $1,000 or
fraction thereof, to and including
$100,000
$1,063.55 for the first $100,000 plus $6
for each additional $1,000 or fraction
thereof, to and including $500,000
$3,463.55 for the first $500,000 plus
$5.10 for each additional $1,000 or
fraction thereof, to and including
$1,000,000
$6,013.55 for the first $1,000,000 plus
$4 for each additional $1,000 or fraction
thereof
65% of the amount of the permit fee
Same amount as building permit fee
$150
$150
$200
$100 up to two windows; $150 for 3 or
more
$100 up to two windows; $150 for 3 or
more
$200
3-103
Res. No. 2018-09
Permits City of Brooklyn Center
Page 7
Permit Type Fee City Code
Reference
Cesspool Cleaning
Permit
$18.75 7-502
Res. No. 87-32
Courtesy Bench
Permit
Inspection
$50/bench
$50/bench
23-902
23-903
Res. No. 2007-47
Demolition
Permit
$50 23-1501
Res. No. 2005-65
Electrical
Minimum Fee for one inspection trip
Two trip fee (Every job where wiring will be
Covered needs a rough-in and final inspection.
Examples: remodel or new bath, kitchen, porch,
basement, laundry, detached garage, swimming
pool, etc.)
Service changeout
Temporary service
Service changeout with one or two remodeled or
added rooms
Subpanel change out
New or major remodel of apartment or
condominium (this includes main service, feeders,
house panel, circuit breakers, and temp power)
Residential maximum (includes new houses,
townhouses, remodels with 50% or more of the
lights, receptacles and switches being replaced
Outside electrical reinstalled after siding
replacement, house, duplex, triplex, four-plex,
attached townhouses, and apartments
Electronic inspection fee for these items only:
furnace, air conditioning, bath fan, fireplace, or
receptacle for water heater vent. Must email
required pictures.
Solar fees for PV System: Residential & Commercial
0 – 5,000 watts
5,001 – 10,000 watts
10,001 – 20,000 watts
20,001 – 30,000 watts
30,001 – 40,000 watts
$50 per trip
$100 (includes two inspections)
$110
$55
$160 includes two inspections
$50
$100 per unit
$190 includes three inspections
$50 first unit plus $25 each additional unit
$40
$90
$150
$225
$300
$375 plus $25 for each additional
3-103
Res. No. 2020-20
Permits City of Brooklyn Center
Page 8
Commercial Electrical Fees
Description
Valuation $1 to $1,000
Valuation $1,001 to $2,000
Valuation $2,001 to $25,000
Valuation $25,001 to $50,000
Valuation $50,001 to $100,000
Valuation $100,001 to $500,000
Valuation $500,000 to $1,000,000
Valuation $1,000,000 and up
Re-inspection Fee (in addition to all other fees)
Investigation Fee (working without a permit) the fee is
doubled
Refunds issued only for permits over
Fee Calculation
$50.00
$50 for the first $1,000 plus $3.25 for each
additional $100 or fraction thereof, to and
including $2,000
$82.00 for the first $2,000 plus $14.85 for
each additional $1,000 or fraction thereof, to
and including $25,000
$423.55 for the first $25,000 plus $10.70 for
each additional $1,000 or fraction thereof,
to and including $50,000
$691.05 for the first $50,000 plus $7.45 for
each additional $1,000 or fraction thereof,
to and including $100,000
$1,063.55 for the first $100,000 plus $6.00
for each additional $1,0001,000 or fraction
thereof, to and including $500,000
$3,463.55 for the first $500,000 plus $5.10
for each additional $1,000 or fraction
thereof, to and including $1,000,000
$6,013.55 for the first $1,000,000 plus $4 for
each additional $1,000 or fraction thereof
$50
$1
Permits City of Brooklyn Center
Page 9
Permit Type Fee City Code
Reference
Flood Plain Use
Up to 1 acre
1 acre to 5 acres
Over 5 acres
$50
$50/acre
$250 plus $37.50 per acre for each acre
or fraction thereof over 5 acres
35-2182
Res. No. 2005-65
Housemoving
Permit
Code Compliance Review Prior to Moving Structure
into City
$200
$100
23-1501
Res. No. 2005-65
Land Disturbing Activities
Permit
Res. No. 2005-162
$50 35-235
Mechanical Systems
Valuation $0 to $500
Valuation $501 to $50,000
Valuation Over $50,000
Mechanical Plan Review (only when submitted
without a building permit)
2” and less diameter pipe 1-3 fixtures
Additional openings
2” and over diameter pipe 1-3 fixtures
Additional opening
Residential Air Conditioner Installation
Residential Air Conditioner & Furnace Installation
Residential Boiler or Fireplace up to 4 units
Residential Furnace Installation
Residential Gas Stove or Dryer up to 4 units
Res. No. 2018-09
$25
$25 plus 2% of value of any amount in
excess of $500
$1,012.50 plus 1% of value of any amount
in excess of $50,000
65% of base permit fee
$5.75 each
$2.50 each
$15 each
$3.25 each
$60
$60
$60
$60
$60
3-103
Planning Commission Fees*
Zoning Code Text
Amendment Rezonings
Site and Building Plan
Preliminary Plat
Final Plat
Variance
Interim Use Permit (IUP)
IUP Extension/Amendment
Special Use Permit (SUP)
SUP Amendment
Extension of Special Use
Permit Appeal
Planned Unit Development (PUD)
PUD Amendment
Comprehensive Plan Amendment
* For all Planning Commission Applications, a
refundable escrow of $1,000 will be added to the fee to
cover any additional costs associated with the review of
the application. Additional escrow may be required
subject to the determination of the City Planner.
Res. No. 2019-03
$500
$1,050
$750
$400
$200
$200
$250
$150
$250
$250
$100
$200
$1,800
$700
$1,050
35-210
35-230
15-104
35-240
35-310
35-310
35-220
35-220
35-220
35-251
35-355
35-355
Permits City of Brooklyn Center
Page 10
Permit Type Fee City Code
Reference
Plumbing
Minimum Fee
Repair or alteration of existing system
New residential or commercial building
Plumbing Plan Review (only when submitted
without a building permit)
Residential Water Heater up to 4 units
Residential Water Softener up to 4 units
Residential Water Heater and Softener up to 4 units
Plumbing Fixtures
Res. No. 2018-09
$25
2% of estimated cost
2% of estimated cost
65% of base permit fee
$60
$60
$60
$60 up to 3 fixtures; $10 for each
additional
3-103
Right-Of-Way
Administration
Fee Excavation
Fee Obstruction
Fee Pole
Attachment Fee
Extension
Delay Penalty
Res. No. 2018-42
$100 per permit
$250 per permit
$200 per permit
$1,500 per site
$50 per permit
$50/day for pavement; $25/day for
boulevard/turf
25-1009
Sewer and Water
Sewer or water connection
Sewer or water disconnection
Sewer and water disconnection
New commercial sewer and water
connection
New residential sewer and water
connection
Commercial/Industrial fire line
Water/Sewer repair
Storm Water
Minimum Fee
Res. No. 2005-65
$50
$50
$90
$150
$100
$50
$50
$50
$50
3-103
Sign
50 sq. ft in area or less
Over 50 sq. ft in area
Minimum Fee
Footing inspection, when required
Res. No. 2005-65
$50
$50/1st 50 sq. ft and $15.00 for
each additional 50 sq. ft or fraction
$50
$50
34-150
Miscellaneous Services City of Brooklyn Center
Page 11
Service Fee
Abatement Application (Assessing)
Taxpayer caused only (others no charge) $45
Abatement (City-Facilitated)/Administrative Service Charge Res. No. 2008-150
Cost up to $999 or less $150 75
$1,000 to $4,999 or Higher $300 150
$5,000 to $9,999 $750
$10,000 to $14,999 $1,250
$15,000 or more $1,750 Each junk or inoperable vehicle $150
Accident Reports (Police) < 10 pages no charges
$0.25 per page
$0.15 per page, if subject of data
$0.50 per report, commercial user
[defined as a user who requests
access to more than five reports
per month Minn. Stat.
169.09, Subd. 13(5) (f)]
Administrative Penalty System Fees Res. No. 2010-79
Level 1 $60
Level 2 Level 3
Level 4
$125
$300
Violation Type (Ordinance reference) Level
Waste container setback violation (7-102) 1
Local Traffic and Parking (27) 1
Parking Surface violation (12-316) 2
All other city code violations, designated as a 2
misdemeanor or petty misdemeanor
Animal (10) 2
Failure to register a vacant property (12-1500) 2
Failure to obtain a permit or license 3
Tenant protection violation (12-912D) 4
Appeal Filing Fee – Chapters 12 and 19 $50 Res. No. 2005-65
Beekeeping Registration $40 Res No. 2019-26
Business Subsidy Application Fee
Escrow for consulting services related to review of application
$3,000
$10,000
Hearing Request Deposit $20
Special Assessment Charge for unpaid fine amounts that are specially assessed $30
Miscellaneous Services City of Brooklyn Center
Page 12
Service Fee
Copy Charges for Public Government Data Requests
Not from the Data Subject
100 Pages or Fewer Black and White Photocopies
8.5 x 11 or 8.5 x 14
Two-Sided Copy (8.5 x 11 or 8.5 x 14)
All Other Public Government Data Requests
The City will charge the requester actual costs of searching for and
retrieving the data, including the cost of employee time, and for
making, certifying, compiling, and transmitting copies of the data
or the data themselves
Exception: There will be no charges for searching, retrieving,
compiling, and electronically transmitting readily available data
Minn. Stat. 13.03, Subd. 3 (c)
< 10 pages no charge
$0.25
$0.50
Actual Costs
Labor – $0.40 per minute
Paper – $0.01 per sheet
Black/White Photocopier – $0.01
per page
Color Photocopier - $0.07 per
page
Black/White Printer – $0.02 per
page
Color LaserJet Printer – $0.09 per
color page
Other Actual Costs that may or
may not be included – refer to
the document Fees for Providing
Copies of Public Government
Data compiled by the State of
Minnesota, Department of
Administration, Information
Policy Analysis Division at
www.ipad.state.mn.us
or 651-296-6733
Total Actual Costs require that
you add labor cost at $0.40 per
minute to the supply and
materials costs to establish total
actual costs
Copy Charges for Public Government Data Requests by the Subject of Data
When the requester is the subject of the data, the City will not charge
for searching for and retrieving data. The requester will be charged the
actual costs associated with making, certifying, compiling, or
transmitting copies of the data themselves.
Exception: There will be no charge for compiling and electronically
transmitting readily available data.
Actual Costs
<10 pages no charge
$0.15 per page
Dogs
Registration – Dangerous and Potentially
Dangerous Contest Declaration Hearing Fee
Review Declaration Hearing Fee
Contest Sterilization Requirement for Potentially Dangerous
Boarding Fee
Impounding Penalty
$35/annual Res. No. 2004-132
$250 Res. No. 2014-43
$100 Res. No. 2014-43
$250 Res. No. 2015-31
Joint & Cooperative Agreement
with PUPS
$31/day
Fingerprinting (Police)
Brooklyn Center resident or Brooklyn Center business owner
and/or owner’s employees (Saturday 1:00 pm to 7:00 pm)
$10/card
Miscellaneous Services City of Brooklyn Center
Page 13
Service Fee
Franchise (Natural Gas)
Residential
Commercial A
Commercial Industrial B
Commercial C
SVDF A
SVDF B
LVDF
Franchise (Electric)
Residential
Small Commercial & Industrial – Non-Demand
Small Commercial & Industrial – Demand Large
Commercial & Industrial
Public Street Lighting
Municipal Pumping – Non-Demand
Municipal Pumping – Demand
Ord. No. 2019-03
$1.66/month
$1.74/month
$5.63/month
$22.50/month
$56.23/month
$107.96/month
$107.96/month
Ord. No. 2019-02
$1.65/month
$4.25/month
$22.75/month
$103.00/month
$13.50/month
$13.50/month
$13.50/month
Inspections
Fire Inspection, Commercial
Initial Inspection
First Re-Inspection
Second Re-Inspection
Third Re-Inspection
Fourth and Subsequent Re-Inspections Fire
Inspection, Daycare Re-inspection
A re-inspection fee for the second re-inspection and each
subsequent re-inspection shall be collected from the applicant,
owner, or responsible party.
Properties with 1 to 3 units
Properties with 4 or more units
Re-Occupancy Inspection
A property maintenance re-occupancy inspection fee is required
for registered vacant buildings.
Apartment/Condo
Townhome
Single Family
Duplex (same owner)
Triplex (same owner)
Fourplex (same owner)
Res. No. 2011-55
No Charge
No Charge
$100
$150
$200
$50/each Res. No. 2009-130
Res. No. 2008-150
$100
$100 for each common area, plus
$50 for each unit/Res. No. 2008-151
$115
$195
$195
$275
$415 Res. No. 2009-29
$550 Res. No. 2009-29
Intoxilyzers Logs (Police) $5/page
Maps
8 1/2 x 11
8 1/2 x 11 with Imaging (aerials)
11 x 17
11 x 17 with Imaging (aerials)
24 x 24
24 x 24 with Imaging (aerials)
23 x 36
23 x 36 with Imaging (aerials)
$3
$5
$4
$6
$10
$15
$15 $25
NSF Check (Finance) $30
Miscellaneous Services City of Brooklyn Center
Page 14
Service Fee
Posting and/or Removal of Posting for Residential Properties Identified as Unsafe for Human Occupancy
Res. No. 2005-65
$50
Police Reports (Police) < 10 pages no charge
$0.25 per page
$0.15 per page, if subject of data $0.50 per page, commercial user
Recycling Utility
Minimum charge per household per quarter
Certification for collection with property taxes
Res. No. 2019-128; 2019-162
$11.98/quarter
$50
Right of Way Registration $1,000/New
$25/Renewal
Sanitary Sewer Utility
Base Rate Quarterly Residential
Single Family
Apartment
Senior Citizen
Non-Residential Rate SAC
charge set by MCES
Certification for collection with property taxes
Line cleaning charge
Sanitary Sewer Connection
Res. No. 2019-125; 2019-163
$89.14
$62.39
$49.02
$3.76 per 1,000 gallons
Fee established by MCES
$50
Labor, materials, equipment, and
overhead
Established annually by resolution
Satisfaction/Sub Agreements (Community Development) $50
Site Plans/Surveys (Community Development)
8 1/2 x 11 copies
$5
Special Assessment Interest Rate Res. No. 2020-104
3.0 Percent
Special Assessment Search (Assessing) $25
Special Computer Search (Police) $7/each address
Storm Sewer Utility (quarterly rates)
Base Rate
Cemeteries and Golf Courses
Parks
Single Family, Duplex, Townhouse
School, Government Buildings
Multiple Family, Churches
Commercial, Industrial
Vacant Land
Certification for collection with property taxes
Private facility cleaning charge
Res. No. 2019-126; 2019-164
$62.05/acre
$15.52/acre
$31.02acre
$15.52/lot
$77.57/acre
$186.13/acre
$310.24/acre
As assigned
$30
Labor, materials, equipment, and
overhead
Miscellaneous Services City of Brooklyn Center
Page 15
Service Fee
Street Light Utility (quarterly rates)
Single, Double, and Multiple Family Residential
Parks
Schools, Government Buildings, Churches
Retail and Service-Office
Commercial and Industrial
Vacant Land and Open Space
Certification for collection with property taxes
Res. No. 2019-127; 2019-165
$6.55/dwelling unit
$10.90/acre
$21.80/acre
$32.69/acre
$32.69/acre
As Assigned
$50
Street and Storm Drainage Special Assessment Rates
R-1 zoned, used as one-family site that cannot be subdivided
R-2 zoned, or used as a two-family site that cannot be subdivided
R-3 zoned (per unit)
Partial Street Reconstruction
R-1 zoned, used as one-family site that cannot be subdivided
R-2 zoned, or used as a two-family site that cannot be subdivided
R-3 zoned (per unit)
Pavement Rehabilitation
R-1 zoned, used as one-family site that cannot be subdivided
R-2 zoned, or used as a two-family site that cannot be subdivided
R-3 zoned (per unit)
The residential assessment rates for street and storm drainage
construction and pavement rehabilitation shall not apply to R-4, R-5, R-6,
or R-7 zoned districts. The assessment rates for street reconstruction and
pavement rehabilitation for R-4, R-5, R-6, or R-7 zoned property shall be
based on an evaluation of the project cost and project benefit for each
project.
Res. No. 2020-105
$4,707 per lot (street)
$1,412 per lot (storm drainage)
$62.7600 per front foot with a
$4,707 per lot minimum (street)
$18.8267 per front foot with a
$1,412 per lot minimum (storm
drainage)
Assess. frontage x $62.7600 (street)
Number of residential units
Assess. frontage x $18.8267 (storm)
Number of residential units
$3,530 per lot (street)
$47.0667 per front foot with a
$3,530 per lot minimum (street)
Assess. frontage x $47.0667 (street)
Number of residential units
$1,556 per lot (street)
$20.7467 per front foot with a
$1,556 per lot minimum (street)
Assess. frontage x $20.7467 (Street)
Number of residential units
Tow to City Property (Police) Tow charge plus $15
administrative fee
Tree Contractor Registration Res. No. 2000-09
$35
Miscellaneous Services City of Brooklyn Center
Page 16
Service Fee
Tree Removal
Each non-assessed diseased tree/stump removal (by agreement)
Special Assessments Service Charge
Capitalized Interest Charge (assessed trees only)
$50
$30/parcel on which a special
assessment is levied $30/per tree
Vacant Building Registration
An annual registration fee shall be collected from the applicant, owner,
or responsible party.
Category 1 – property vacant for less than 1 year and does not have
any code violation or has not been issued a compliance notice for
code violations
Category 2 – property vacant for less than 1 year and has a code
violation(s) or has been issued a compliance notice for code
violations Category 3 – property vacant for 1 year up to 3 years
Category 4 – property vacant for 3 years or more
Res. No. 2008-151
$100
$400
$1,000 $3,000
Vacation – Street, Alley, Easement (Engineering) $125 Res. No. 92-132
Video Tape Duplicating (Police) $20
Water and Sanitary Sewer Connection
Commercial/Industrial Water > 5 Acres
Commercial/Industrial Sewer > 5 Acres
Commercial/Industrial Water < 5 Acres
Commercial/Industrial Sewer < 5 Acres
Retail/Office Water > 5 Acres
Retail/Office Sewer > 5 Acres
Retail/Office Water < 5 Acres
Retail/Office Sewer < 5 Acres
Multi Family Water > 5 Acres Multi
Family Sewer > 5 Acres Multi
Family Water < 5 Acres Multi
Family Sewer < 5 Acres Single
Family Water per connection
Single Family Sewer per connection
Res. No.2001-161
$10,000
$5,000
$5,000
$3,000
$5,000
$3,000
$3,000
$1,500
$5,000
$3,000
$3,000
$1,500
$1,000
$1,000
Miscellaneous Services City of Brooklyn Center
Page 17
Service Fee
Water Utility
Water Conservation
Rate 5/8” and 3/4” Meter
0-30,000 gallons per quarter
30,001-60,000 gallons per quarter
60,001 or more gallons per quarter
Base Rate
Quarterly Minimum Rate
1” Meter
1 1/2” Meter
2” Meter
3” Meter
4” Meter
6” Meter
8” Meter
10” Meter Water Meter Charge 5/8” or 3/4”
Water Meter Charge Larger than 3/4”
Certification for collection with property taxes
Quarterly Fire Service Line Charge
Fire protection inspection
Private hydrant maintenance
Service Restoration, Monday through Friday (except holidays)
Between the hours of 7:30 AM and 3:00 PM
Service Restoration, Saturday, Sunday, and Holidays
Between the hours of 3:00 PM and 7:30 AM
Assistance with Seasonal Shut-down and Restoration of Commercial
Irrigation Systems, Monday through Friday (except holidays) Only
Between the hours of 3:00 PM and 7:30 AM
Hydrant Meters (water use will be paid in addition to the rental fee at
the Commercial Rate)
5/8” or 3/4” Meter
Deposit
Rental Fee (per month or portion thereof)
3” Meter
Deposit
Rental Fee (per month or portion thereof)
Penalty for violation of odd-even sprinkling
Water Conservation Violations (based on preceding 12-month period)
First Offense
Second Offense
Subsequent Offenses
Res. No. 2019-124; 2019-166;
2020-80
$16.61 Quarterly Base Charge
$2.77 per 1,000 gallons
$3.45 per 1,000 gallons
$5.15 per 1,000 gallons
$48.27
$62.06
$120.67
$241.36
$406.86
$930.95
$1,763.17
$2,350.90
$149.00
Actual cost + $2.00
$50
$12.50/Res. No. 2007-140
$52
Labor, materials, equipment,
and overhead
$31
$83
$45 per hour, 1 hour minimum
Res. No. 2020-80
$250
$25
$2,500
$150
$25
Res. No. 2020-80
Warning
$25
$50
Miscellaneous Services City of Brooklyn Center
Page 18
Service Fee
Weed Inspection/Removal
Weed Cutter’s Fee
Re-inspection Fee
Special Assessments Service Charge
Capitalized Interest Charge (assessed weeds only)
Res. No. 2000-09
$45/hour
$100
$30 per parcel on which a special
assessment is levied
$10 per notice
Well Water Test $10
Zoning Letters (Community Development) $75
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO. __________
RESOLUTION APPROVING THE 2021 FEE SCHEDULE
WHEREAS, the City of Brooklyn Center has a comprehensive fee schedule that
is used by staff during the year; and
WHEREAS, this this fee schedule has been amended for the fees for 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the 2021 Fee Schedule be adopted.
January 11, 2021
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :D oran M. Cote, P.E., D irector of P ublic Works
BY:M ike A lbers, P.E., C ity Engineer
S U B J E C T:Res olu+on A uthoriz ing A cquisi+on of Eas ements for Brooklyn Boulevard C orridor P roject
P hase 2 I mprovements, P roject No. 2021-05
B ackground:
O n M arch 2 5 , 2019, the C ity Council dir ected staff to proceed w ith the preliminary des ign, environmental
documenta+on, easement acquis i+on and final des ign w ork for the Brooklyn Boulev ard C or ridor P roject
P has e 2 I mpr ovements (Bass L ake Road to I nters tate 9 4 ), P roj ect No. 2 0 2 1 -0 5 . This proj ect is s cheduled to
be constructed in 2021 and 2022.
The proposed r econs tr uc+on and s tr eets cape improvements will impr ove roadw ay safety, enhance traffic
opera+ons , r educe access points and prov ide impr oved bicy cle and pedes trian facili+es for a one-mile
s egment of the corridor in Brookly n C enter betw een Bass L ake Road (County Road 1 0 ) and I nterstate 94.
The project w ill enhance bicycle and pedes trian travel by adding a tr ail, improving sidew alks , tr ans it s tops ,
adding streets caping and lands caping and improving the func+onality of inter s ec+ons with modified turn
lanes and access control throughout the corridor.
I n or der to cons truct the improv ements , permanent drainage, u+lity, s idewalk and tr ail eas ements and/or
temporary construc+on eas ements are required fr om 47 s eparate parcels adj acent to the corr idor. Parcel
numbers are iden+fied on the right-of-w ay plan pr epared for the project. The City 's cons ul+ng engineer,
S R F C ons ul+ng G r oup, I nc., has been diligently working w ith the affected property owners to reach
agreements to voluntarily convey the eas ements. A cquis i+on A greements hav e been reached for the
follow ing parcels w hich require City Council approval:
Parcel No. 7; 6 0 1 9 Brook lyn Boulevard (P I N 0 3 -1 1 8 -2 1 -1 2 -0 0 1 7 ): T his parcel r equir es both
permanent easements and temporary cons tr uc+on easements with total compens a+on being
offered in the amount of $32,300.
Parcel N o. 14; 6121 B rook lyn Boulev ard (P I N 3 4 -1 1 9 -2 1 -4 3 -0 0 0 5 ): This par cel requires both
permanent easements and temporary cons tr uc+on easements with total compens a+on being
offered in the amount of $8,700.
Parcel N o. 15; 6201 B rook lyn Boulev ard (P I N 3 4 -1 1 9 -2 1 -4 3 -0 0 0 7 ): This par cel requires both
permanent easements and temporary cons tr uc+on easements with total compens a+on being
offered in the amount of $9,200.
Parcel N o. 29; 5930 B rook lyn Boulev ard (P I N 0 3 -1 1 8 -2 1 -1 2 -0 0 0 6 ): This par cel requires both
permanent easements and temporary cons tr uc+on easements with total compens a+on being
offered in the amount of $9,400.
Parcel N o. 30; 5950 B rook lyn Boulev ard (P I N 0 3 -1 1 8 -2 1 -1 2 -0 1 0 1 ): This par cel requires both
permanent easements and temporary cons tr uc+on easements with total compens a+on being
offered in the amount of $5,900.
Parcel No. 3 3 ; 6101 B eard Avenue (P I N 03-11-821-12-0075): T his par cel r equir es both permanent
easements and temporary cons truc+on eas ements w ith total compensa+on being offer ed in the
amount of $1,500.
Parcel N o. 3 6 ; 6110 Br ookly n Boulevard (P I N 3 4 -1 1 9 -2 1 -4 3 -0 0 4 2 ): This parcel requires a
temporary construc+on easement w ith total compensa+on being offered in the amount of $10,000.
Parcel N o. 40; 6200 B rook lyn Boulev ard (P I N 3 4 -1 1 9 -2 1 -4 3 -0 0 3 0 ): This par cel requires both
permanent easements and temporary cons tr uc+on easements with total compens a+on being
offered in the amount of $7,500.
To date, including the above 8 parcels, w e have acquisi+on agreements with 27 of the 47 parcels.
B udget I ssues:
The Br ookly n Boulevard C orr idor P roj ect P hase 2 I mprov ement (Bass L ake Road to I nterstate 94) is
iden+fied in the City ’s 2021 C apital I mprovement P rogram and the total proj ect cos t is es +mated to be
$18,095,000. T he total appraised v alue for all eas ements on the proj ect are es+mated to be approximately
$824,676. The total value of the permanent eas ements and temporary construc+on eas ements for Parcels
7, 14, 15, 29, 30, 33, 36 and 40 is $84,500 w hich is being funded out of the Capital P rojects F und.
To date, including the abov e 8 parcels, the total value of the permanent eas ements and temporary
cons truc+on eas ements for the project is $335,676.
S trategic Priories and Values:
Key Transporta+on I nvestments
AT TA C H M E N TS :
D escrip+on U pload D ate Type
Res olu+on 1/4/2021 Cover Memo
Easement S tatus 1/4/2021 Cover Memo
Parcel 7 1/4/2021 Cover Memo
Parcel 14 1/4/2021 Cover Memo
Parcel 15 1/4/2021 Cover Memo
Parcel 29 1/4/2021 Cover Memo
Parcel 30 1/4/2021 Cover Memo
Parcel 33 1/4/2021 Cover Memo
Parcel 36 1/4/2021 Cover Memo
Parcel 40 1/4/2021 Cover Memo
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR
BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2
IMPROVEMENTS, PROJECT NO. 2021-05
WHEREAS, the City of Brooklyn Center and Hennepin County have planned the
improvement of Brooklyn Boulevard between Bass Lake Road (County Road 10) and Interstate
94 within the City of Brooklyn Center, Minnesota in 2021; and
WHEREAS, a memorandum of agreement has been prepared between the City of
Brooklyn Center and property owners for the acquisition of permanent drainage, utility, sidewalk
and trail easements and/or temporary construction easements; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 7; 6019 Brooklyn Boulevard (PIN 03-118-
21-12-0017) the sum of $32,300 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 14; 6121 Brooklyn Boulevard (PIN 34-119-
21-43-0005) the sum of $8,700 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Pa Parcel No. 15; 6201 Brooklyn Boulevard (PIN 34-
119-21-43-0007) the sum of $9,200 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 29; 5930 Brooklyn Boulevard (PIN 03-118-
21-12-0006) the sum of $9,400 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 30; 5950 Brooklyn Boulevard (PIN 03-118-
21-12-0101) the sum of $5,900 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 33; 6101 Beard Avenue (PIN 03-11-821-12-
0075) the sum of $1,500 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 36; 6110 Brooklyn Boulevard (PIN 34-119-
21-43-0042) the sum of $10,000 for land and damages; and
WHEREAS, for full compensation for conveyance of said property, the City of
Brooklyn Center shall pay the owners of Parcel No. 40; 6200 Brooklyn Boulevard (PIN 34-119-
RESOLUTION NO. _______________
21-43-0030) the sum of $7,500 for land and damages; and
WHEREAS, said memorandum of agreements have been signed by the property
owners and it is recommended for approval to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The City Manager is hereby authorized to execute the memorandum of
agreement for Parcels 7, 14, 15, 29, 30, 33, 36 and 40 for permanent
easements and temporary construction easements that will be conveyed to
the City, in the name of the City of Brooklyn Center.
January 11, 2020
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.
JOYCE LN HALIFA X DR
66TH AVE N
DREW AVE NCHOWEN AVE NEWING AVE NG
R
I
MESAVENEWING AVE NFRANCE AVE N47-3501
45-6350
26-6503
27-4020
43-6250
46-6390
16-6215
24-6415
50-6520
44-6300
48-6500
49-6510
53-3801
25-6437
18-6301
17-6245
52-6538
23-6357
22-6331
21-632520-631919-6315
51-6532
Brooklyn Boulevard Corridor Project Phase 2Easement Status Ü1/4/21
Legend
Easem ent Completed
Easem ent Pending
Eminent D omain - Signed Pending Mortgage Consent
Eminent D omain - Easement Negotiations On Going
No Easement Required
BASSLAKERDBEARD AVE NADMIRAL LN N
NORTHPORT DRCOMMODORE DR
58 1/2 AVE N
59TH AVE NEWING AVE NDREW AVE NEWING AVE NA
D
MIRALLN N
61ST AVE NCHOWEN AVE NDREW AVE N3-5929
14-6121
16-6215
43-6250
31-6000
45-6350
37-6120
28-5920
2-5901
15-6201
1-5831
30-5950
29-5930
36-611013-6107
10-6037
35-22
38-6136
44-6300
12-6101
42-6234
9-6031
34-6100
33-610132-6044
11-6045
39-6142
8-6025
17-6245
4-6001
5-6007
7-6019
6-6013
54-5836
18-6301
41-6206
40-6200
Parcel No:
Fee Owners:
7
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
SALEM INC.
On this UJ day of etitOt)(JY , 20ZD_, SALEM INC., A MINNESOTA
CORPORATION Owners of the above described parcel of property located in County of Hennepin,
State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of
Brooklyn Center.
This agreement is now made and entered as a Memorandum of all the terms, and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the parties that:
1. The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate. The Owners
understand that the acquired property is for use in connection with the construction of the
Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project.
2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect,
present or contemplated future personal interest in the property or in any benefits from the
acquisition of the prope1iy.
3. That in full compensation for the conveyance of said property, the City of Brooklyn Center
shall pay the Owners the sum of$ 3 Z 1 3ot). 0(:) for land and damages. Owners
understand that payment by the City of Brooklyn Center must await approval of title and
processing of a voucher.
4. Additionally:
It is understood and agreed that the entire agreement of the parties is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
parties.
Owner(s)
SALEM INC.
Its: ---------------
City of Brooklyn Center
By: ___________ _
Its: ---------------
September 30, 2020
SALEM INC.
Attn: Lateshia Roberts
6825 Zenith Boulevard North
Brooklyn Center, MN 55429
SUBJECT: OFFER TO ACQUIRE
Dear Lateshia:
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
PROPERTY ADDRESS: 6019 BROOKLYN BOULEVARD
PARCELNO.: 7
SRF No. 11765-D0290
As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of
way for the above referenced project. This letter constitutes the City's formal offer for the
purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who
may have an interest in the real estate to be acquired the sum of $32,300.00, which has been
determined to be just compensation for such property and rights based upon the fair market value
of the prope1iy. · Attached to this letter is a Value Calculation setting out the basis for this
determination.
This offer is made pursuant to the Market Value Appraisal procedures provided for under
Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you
with a copy of "Acquisition Information for Property Owners" brochure.
You will have a reasonable length of time to consider the offer. To aid in your decision you may
wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to
exceed $1,500.00 for the actual costs of an appraisal of prope1iy acquired by direct purchase.
If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon
satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable
agreement cannot be arrived at in a timely manner, the prope1iy may be acquired in an eminent
domain proceeding.
Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has
been made to you and verification that the "Acquisition Information for Property Owners"
brochure has been received by you. Your signature below does not prejudice your right to have
the final amount dete1mined through eminent domain proceedings in the event you do not accept
the offer.
SALEM INC. -2 -Parcel 7
On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your
cooperation and assistance, and we look forward to working with you toward a mutually
satisfactory completion of the acquisition process.
Sincerely,
SRF CONSUL TING GROUP, !NC.
Matthew Marsh
Right of Way Specialist
Attachments
ACKNOWLEDGMENT OF RECEIPT OF OFFER
I CERTIFY THAT on & day of Ot,ftJ/:xJr , 2026_, this Offer to Acquire
and Value Calculation was received by me from the above Right of Way Specialist; I also
acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's
rights, privileges and obligations.
SALEM INC.
Its: 0 L,U'(\,-(:__,~
SRF No. 11765.D0290
VALUE CALCULATION
THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Parcel No.: 7
Fee Owners: SALEM INC.
Legal Description of property to be acquired:
See Attached Exhibit A
ACQUISITION INFORMATION
Drainage and Utility Easement:
Temporary Construction Easement:
Land Value Before Taking
Land Value After Taking
Drainage and Utility Easement
Temporary Easement
Indicated Damages
Severance
TOTAL (rounded)
1,214 square feet
1,172 square feet
VALUATION
= $228,000.00
= $195,700.00
= $ 7,871.00
=$ 1,497.00
=$ 824.00
= $ 22,008.00
= $ 32,300.00
i
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$
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BROOKYLN BLVD
110
0 25 50
IJ-W --I
SCALE IN FEET
DRAFT
--------
'u,1---------.------------------------.--------------i ., PIO ADDRESS PARCEL LINE ~1---03---1-1--8-21---12---00_1_7-i--------6-0-19-BR_O_O_K_L_Y_N_B_O_U_L_EV_A_R_D ______ ---1 EXISTING R/W -------
~ EXISTING D&U, S/T EASE [SQ.FT] TE [SQ.FT] ~~~:
1~:s:E ===--------=--==
a PARCEL --PROPOSED D&U --------g AREA SQ.FT CONST LIMITS ----------~ 1------'---.__+----------+---------1 TREE REMOVAL X
2 uil----------'---1_0_4_00 __ __.__ ____ 1_2_14 ___ __,_ ___ 1_1_7..,.2 __ __,._.T""'R=EE'""'Wr/=IN...;..T=EM"""P...a:E=AS=Ea...,-...a:Q.___---t
a.a ~ BROOKLYN BOULEVARD· PHASE 2 DATE PARCEL ;;~==========C=l=TY==O=F=B=R=OO=K=L=~=~=~=~=~=~~=~=-0=1 =4 ============2=02=1=-0=5====.__■_-_~-~~--_.__7/_9/_20_2_0_.__ __ 7 _ __,
L . ~
Appraisal Receipt and Disclosure
Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project
County: Hennepin
Property Address: 6019 Brooklyn Boulevard Parcel No: 7 -----'----
Owner(s): SALEM INC.
Minnesota law requires that governmental agencies acquiring property for public highways and other purposes
provide the affected prope1iy owner with a formal offer to purchase the necessary rights, a description of the
basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation.
Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC,
dated July 13, 2020.
Minnesota law also provides that the owner of the affected property may acquire his/her own independent
appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of
the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential
property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In
order to be entitled to reimbursement, the owner must comply with the following:
1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal
licensing laws.
2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the
paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the
acquiring authority may pay the reimbursement directly to the appraiser.)
If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you
with two copies of his/her appraisal report.
Please feel free to contact the undersigned agent with any questions you might have. Thank you for your
cooperation.
Appraisal received this & day of LJf:t iobcr
Owner(s):
SALEM INC.
Its: --------------
'20'26
SRF Consulting Group Inc.
Contact: Matthew Marsh
Address: 3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416
Phone: 763-249-6703
TEMPORARY CONSTRUCTION EASEMENT GRANT
THIS EASEMENT GRANT is made by SALEM INC ., A MINNESOTA CORPORATION,
(hereinafter referred to as the "Grantor") in favor of and to the City of Brooklyn Center, a
Minnesota municipal corporation (hereinafter referred to as the "Grantee").
The following r~citals of fact are a material part of this instrument:
A. The Grantor is the owner of a tract of land described as follows (hereinafter referred
to as the "Parcel"):
B. The Grantor wishes to grant and convey to Grantee a temporary construction
easement over, under, and across those parts of the Parcel described as follows (hereinafter
referred to as the "Temporary Construction Easement"):
See attached Exhibit A
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the following grants, agreements, and covenants and restrictions are
made :
1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby
grants to the Grantee, for its successors and assigns, the Temporary Construction Easement
over, under, and across the Parcel.
2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction
purposes including, but not limited to, the right to trim and cut such vegetation within the Easement
Area as needed to reasonably accommodate the construction activities and the right to use the
Easement Area to stage, operate, and store equipment as needed to complete the construction
activities. Displacing soil and grading, are permissible over, under, and across the Temporary
Construction Easement premises.
3. TERM OF TEMPORARY CONSTRUCTION EASEMENT . The Temporary
Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022,
and any and all right, title, interest, lien or right of possession to the Temporary Construction
Easement premises shall thereupon automatically term inate and be of no further legal effect or
validity .
Page 1 of3 Parcel 7
4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES.
As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion
of construction and prior to termination, restore the ground surface of the Temporary Construction
Easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
5. WARRANTIES OF TITLE. Grantor warrants and guarantees that Grantor has
good and indefeasible fee simple title to the Parcel and Grantor warrants and guarantees that
Grantor has the full authority to grant the Temporary Construction Easement provided herein, free
and clear of all other claims.
6 . RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument,
including the benefits and burdens, run with the Parcel and are binding upon and inure to the
heirs, assigns, successors, tenants and personal representatives of the parties hereto.
7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any
costs, expenses, damages, demands, obligations, including penalties and reasonable
attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon
a release or threat of release of any hazardous substances, pollutants, or contaminants that
may have existed on, or that relate to, the Easement Area or Property prior to the date of this
instrument.
Page 2 of3 Parcel 7
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this __ Cp.....__ __ day of
Ocd e2 h-e r , 20~.D
GRANTORS
SALEM INC.
Its: D ·, r"' :e-<'.c.,.., +-o r
STATE OF ffi; Y\v\ ~so -l-e-
COUNTY OF 8,-e.-nV\ '<c!...--{) ; !'.'-
)
) ss
)
The foregoing instrument was acknowledged before me this k_ day ofQ...d.ob'(... r, 20~ p
by c=ref' r" _j yV\ c,., tj~ -e., ~ the Q ~ '"'e,__c,_, -\-o ('
of SALEM INC., A MINNESOTA CORPORATION, Grantors.
This Instrument Drafted By:
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of3
Return lo:
Cindy Wiste
Senior Associate
HOLLY HOLLISTER
Notary Public
\ Minnesota
. ;-£ My Commission Expires
Jan 31, 2021
SRF CONSULTING GROUP, INC .
3701 Wayzata Boulevard , Suite 100
Minneapolis, MN 55416-3791
Parcel 7
PARCEL 7 TE
EASEMENT DESCRIPTION
OWNER: SALEM, INC.
P.I.N. 03-118-21-12-0018
Exhibit A
(Temporary Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1478715
A 13.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
All that paii of Lot 3, Block 1, PEARSON'S NORTHPORT 3RD ADDITION which lies
southwesterly of a line run parallel with an 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 degrees 20 minutes 35.2 seconds) for 867.16 feet and there terminating.
Said temporary easement lying westerly of and adjacent to a line run parallel with and distant 3 5. 00
feet westerly of line described as commencing at the no1ihwest corner of the Southeast Quarter of
Section 34, Township 119 , Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance
of 181.37 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a tangential
curve concave to the southwest having a radius of22896.14 feet and a central 01 degree 29 minutes
55 seconds; thence southeasterly 870 .92 feet along a compound curve concave to the west having
a radius of2842.62 feet and a central angle of 17 degrees 33 minutes 15 seconds and said described
line there terminating.
Together with a 2.20 foot temporary easement for construction purposes over, under, across and
through the South 30.00 feet of said Lot 3. Said temporary easement lies westerly of and adjacent
to a line run parallel _with and distant 48 .80 feet westerly of said described line .
Said temporary easement to expire November 30, 2022 .
PERMANENT
EASEMENT
FOR DRAINAGE &
UTILITY /SIDEWALK/TRAIL
PURPOSES
THIS INDENTURE, Made this -~VJ __ day of Qt,to}oc.,C , 202'.)by
SALEM INC., A MINNESOTA CORPORATION, GRANTOR, and Hennepin County, a body
politic and corporate under the laws of the State of Minnesota, together with all hereditaments
and appurtenances belonging thereto (hereinafter referred to as the "Grantee").
WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations, the Grantor hereby gives, grants, conveys and
relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives,
contractors and invitees, a permanent and perpetual Easement for the drainage and utility
purposes and other municipal utilities , reconstruction, operation, maintenance, inspection,
alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary
sewer, water, cable, electric and other municipal utilities, trails facilities and improvements
upon, over, under, across and through the following-described tract or parcel of land located in
Hennepin County, Minnesota, and described as follows:
Page 1 of 3 Parcel 7
See attached Exhibit A
(The "Easement Area")
Grantor warrants and covenants that Grantor is the fee simple owner of the above-
described premises and has the lawful right and authority to convey and grant this Easement
and will wanant and defend title to the above-described premises against all claims.
This Easement includes the right of the Grantee, its contractors, agents, employees and
invitees to enter upon said premises at all reasonable times for the purposes of construction ,
grading, sloping, restoration, and all purposes in fmiherance thereof or related thereto, including
but not limited to the right to remove trees , shrubs or other vegetation and existing structures
and improvements in the Easement Area, as well as the right to deposit eaiihen materials within
the Easement Area , to move, store, and remove equipment and supplies, and to perform any
other work necessary and incident to Grantee's project or to the continued operation of Grantee's
improvements within the Easement Area or Grantee 's use of this Easement.
Grantee shall have no responsibility for pre-existing environmental contamination or
liabilities.
To have and to hold the Easement and right of way unto the Grantee for the purposes
herein stated.
This Easement, and all covenants , terms, conditions, provisions and unde1iakings created
by this Easement are perpetual and will run with the land and will be binding upon Grantor's
heirs, successors and assigns.
Page 2 of 3 Parcel 7
IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day
and year first above written.
WITNESS, The hand of the GRANTOR:
STATE OF (Yl; Y\r"\~se:.i-c,...)
) ss
COUNTY OF \-\'( y\ n.-e..p·, ~)
Its: Q ,' I" e. c:....,,+o ('
The foregoing instrument was acknowledged before me this ---k_ day of
Oc:.,,\-o lo e..,f' , 20 c96by cf-e...-r-0~ v'V\c.... 8£-e.:e _ the
Q\ <' ec..,,,-J-o 'f' of SALEM INC., A MINNESOTA
CORPORATION, Grantor.
This Instrument Drafted By:
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of 3
e, Vl V\ e.,... . ·\I\-
My Commission Expires: l -.3 I -.9,., l
HOLLY HOLLISTER
Minnesota
Notary Public l?
My Commission Expires
Jan31,2021 , ..
~""8 .... '"'lJl"'"'P"~P'sl:~,ii,r,:;,~,.>i§,•ji
Return to:
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP, INC.
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Parcel 7
PARCEL 7PE
EASEMENT DESCRIPTION
OWNER: SALEM, INC.
P.I.N. 03-118-21-12-0017
Exhibit A
(Permanent Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1478715
A perpetual easement for drainage, utility , sidewalk and trail purposes over, under, across and
through part of the following described property:
All that part of Lot 3, Block 1, PEARSON'S NORTHPORT 3RD ADDITION which lies
southwesterly of a line run parallel with an 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 17 41. 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 degrees 20 minutes 3 5 .2 seconds) for 867 .16 feet and there terminating.
Said perpetual easement being that part of said described property lying easterly of a line run
parallel with and distant 35.00 feet westerly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west
line of said Southeast Quarter a distance of 181 .3 7 feet to the point of beginning of said described
line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729 .11 feet; thence
southeasterly 598.85 feet along a tangential curve concave to the southwest having a radius of
22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet
along a compound curve concave to the west having a radius of 2842.62 feet and a central angle
of 17 degrees 33 minutes 15 seconds and said described line there terminating.
Parcel No: 14
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
Fee Owners: The Sanctuary at Brooklyn Center, LP
On this ;q17-day of ~ , 2o_l_Q_, The Sanctuary at Brooklyn Center,
LP, a Minnesota limited partnership Owners of the above described parcel of property located in
County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real
estate to the City of Brooklyn Center.
This agreement is now made and entered as a Memorandum of all the terms, and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the parties that:
1. The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate . The Owners
understand that the acquired prope1iy is for use in connection with the construction of the
Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project.
2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect,
present or contemplated future personal interest in the prope1iy or in any benefits from the
acquisition of the prope1iy.
3. That in full compensation for the conver"ance of said property, the City of Brooklyn Center
shall pay the Owners the sum of$~ 160 -for land and damages. Owners
understand that payment by theity of Brooklyn Center must await approval of title and
processing of a voucher.
4. Additionally:
It is understood and agreed that the entire agreement of the parties is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
parties.
Owner(s)
I) The S~mfi_ua;:y t~e<;entex, LP .. , 7 jlf.1 5,/4,),lj--:>Jh~ ~ <ff,'.6?Jl!;4---By . I
~
Its: .~P~
City of Brooklyn Center
By: _____________ _
Its: --------------
September 30, 2020
The Sanctuary at Brooklyn Center, LP
c/o SCA Properties LLC
4099 Tamiami Trail N, Suite 403
Naples, FL 34103
SUBJECT: OFFER TO ACQUIRE
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
PROPERTY ADDRESS: 6121 BROOKLYN BOULEVARD
PARCEL No.: 14
To Whom It May Concern:
SRF No. l 1765-D0290
As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of
way for the above referenced project. This letter constitutes the City's formal offer for the
purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who
may have an interest in the real estate to be acquired the sum of $8,700.00, which has been
determined to be just compensation for such property and rights based upon the fair market value
of the property. Attached to this letter is a Value Calculation setting out the basis for this
determination.
This offer is made pursuant to the Market Value Appraisal procedures provided for under
Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you
with a copy of "Acquisition Information/or Property Owners" brochure.
You will have a reasonable length of time to consider the offer. To aid in your decision you may
wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to
exceed $5,000.00 for the actual costs of an appraisal of property acquired by direct purchase.
If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon
satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable
agreement cannot be arrived at in a timely manner, the prope1iy may be acquired in an eminent
domain proceeding .
Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has
been made to you and verification that the "Acquisition Information for Property Owners"
brochure has been received by you. Your signature below does not prejudice your right to have
the final amount determined through eminent domain proceedings in the event you do not accept
the offer.
The Sanctuary at Brooklyn Center, LP -2 -Parcel 14
On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your
cooperation and assistance, and we look forward to working with you toward a mutually
satisfactory completion of the acquisition process.
Sincerely,
SRF CONSUL TING GROUP , INC.
Matthew Marsh
Right of Way Specialist
Attachments
ACKNOWLEDGMENT OF RECEIPT OF OFFER
I CERTIFY THAT on ']~ day of Q W .. M. , 20 <fb, this Offer to Acquire
and Value Calculation was received by me from the above Right of Way Specialist; I also
acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's
rights, privileges and obligations.
SRF No. 11765.D0290
VALUE CALCULATION
THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Parcel No.: 14
Fee Owners : The Sanctuary at Brooklyn Center, LP
Legal Description of property to be acquired:
See Attached Exhibit A
ACQUISITION INFORMATION
Drainage and Utility Easement:
Temporary Construction Easement:
Land Value Before Taking
Land Value After Taking
Drainage and Utility Easement
Temporary Easement
Indicated Damages
TOTAL (rounded)
1,772 square feet
3,306 square feet
VALUATION
= $1,505,800.00
= $1,497,100.00
= $ 1,418.00
=$ 1,826.00
= ~$ -=5,=29~5~.0'--=-0
=$ 8,700.00
• ' I I
i
0 40 80
-----I SCALE IN H[T
DRAFT
PARCEL
"' s:
0
.c
~
9 cl----------,-----------------------,------------1
'iii PIO ADDRESS PARCEL LINE
~---------+-------------------------. EXISTING R/W -------
Gi 34-11-921-43-0005 6121 BROOKLYN BOULEVARD EXISTING PE --------~ TEMP EASE -----~ EXISTING D&U, SIT EASE [SQ.FT] TE [SQ.FT) PROPOSED o&u --------
g PARCEL --CONST LIMITS ----------
0 AREA SQ. FT TREE REMOVAL X :;; cii i---1-95...__3_0.:._0 ___...__ ___ 17_7_2 _________ 33_0_6 ___ --1 POT. TREE IMPACT Q
~~~1----------LB_R.;_O~O~KL~Y~N-B~O-UL_E_V-AR_D __ .;_p.;_H.;_A_SE_2 _ _._ __ ____;_.:....;_;_--r----.~-~~~----,,--D-A_T_E--.---PA_R_C_E--IL
~~J: SP 109-020-014 NN _l---------------------.----------1 14
.;,:;;;:i:: CITY OF BROOKLYN CENTER 2021-05 8/20/2020 L L--~~~~-_j_~-~~~~~~
Appraisal Receipt and Disclosure
Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project
County: Hennepin
Property Address: 6121 Brooklyn Boulevard, Parcel No:---"1'-'-4 __
Owner(s): The Sanctuary at Brooklyn Center, LP
Minnesota law requires that governmental agencies acquiring property for public highways and other purposes
provide the affected property owner with a formal offer to purchase the necessary rights, a description of the
basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation.
Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC,
dated July 14, 2020.
Minnesota law also provides that the owner of the affected property may acquire his/her own independent
appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of
the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential
property and minimum damage acquisition, and up to a maximum of $5,000 for other types of prope1iy. In
order to be entitled to reimbursement, the owner must comply with the following:
1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal
licensing laws .
2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the
paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the
acquiring authority may pay the reimbursement directly to the appraiser.)
If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you
with two copies of his/her appraisal report.
Please feel free to contact the undersigned agent with any questions you might have. Thank you for your
cooperation.
Appraisal received this f/./11 day of __ ~/J-v,.~'""',1m'""'-M1"--1---' 20--11_
Its~{~
SRF Consulting Group Inc.
Contact: Matthew Marsh -===-..c.c----=.c===----------
Address: ----"3:....:.7....:::0~l_W:...:....=ay-'-'z=a=ta=B'-"o=u=le'----'v---==a=rd=,---"S"---"u=it=e_,1'---"0'""0 __
Minneapolis, MN 55416
Phone: 763-249-6703 _ ____:_;:=_=--:.cc.._::;---'-----=-=-----------
t-
TEMPORARY CONSTRUCTION EASEMENT GRANT
THIS EASEMENT GRANT is made by The Sanctuary at Brooklyn Center, LP , a Minnesota
limited partnership, (hereinafter referred to as the "Grantor") i n favor of and to the City of Brooklyn
Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee").
The following recitals of fact are a material part of this instrument:
A The Grantor is the owner of a tract of land described as follows (hereinafter referred
to as the "Parcel"):
B. The Grantor wishes to grant and convey to Grantee a temporary construction
easement over, under, and across those parts of the Parcel described as follows (hereinafter
referred to as the "Temporary Construction Easement"):
See attached Exhibit A
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the following grants, agreements, and covenants and restrictions are
made:
1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby
grants to the Grantee, for its successors and assigns, the Temporary Const r uction Easement
over, under, and across the Parcel.
2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction
purposes including , but not limited to, the right to trim and cut such vegetation within the Easement
Area as needed to reasonably accommodate the construction activities and the right to use the
Easement Area to stage, operate, and store equipment as needed to complete the construction
activities . Displacing soil and grading, are permissible over, under, and across the Temporary
Construction Easement premises.
3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary
Construction Easement shall commence on April 1, 2021 and shall expire on November 30 , 2022,
and any and all right, title, interest, lien or right of possession to the Temporary Construction
Easement premises shall thereupon automatically terminate and be of no further legal effect or
validity .
Page 1 of 3 P arc el 14
4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES.
As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion
of construction and prior to termination, restore the ground surface of the Temporary Construction
Easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation .
5. WARRANTIES OF TITLE. Granter warrants and guarantees that Granter has
good and indefeasible fee simple title to the Parcel and Granter warrants and guarantees that
Granter has the full authority to grant the Temporary Construction Easement provided herein, free
and clear of all other claims.
6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument,
including the benefits and burdens, run with the Parcel and are binding upon and inure to the
heirs, assigns, successors, tenants and personal representatives of the parties hereto.
7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any
costs, expenses, damages, demands, obligations, including penalties and reasonable
attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon
a release or threat of release of any hazardous substances, pollutants, or contaminants that
may have existed on, or that relate to, the Easement Area or Property prior to the date of this
instrument.
Page 2 of3 Parcel 14
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this Jt;172-day of
~~ ,20.J:_b
GRANTORS
fftt :£If~ '4,,//lun,L //U1{:/t'rfr ~ The Sanctugry JU~ Er oklyn1 Centet:, LI;?. ✓-. --h t..Jk-~;;rg;p
STATE OF @o;? tfu
COUNTY OF _c""-"'M'¥'~"-"------=-· __ _
)
) ss
)
By: ;
The for~going instrument was acknowledged before me this Jtik d~:f t!flt/,/2,1/,
by {lj41t, Mf fi//n,fl1t!t the &HJ/ eth---
of The Sanctuary at Brooklyn Center, LP, a Minnesota limited prtnership, Grantors.
This Instrument Drafted By:
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of3
Return to:
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP, INC .
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Parcel 14
20 ,J..t) _,
PARCEL 14 TE
EASEMENT DESCRIPTION
Exhibit A
(Temporary Easement)
OWNER: THE SANCTUARY AT BROOKLYN CENTER, LP
P.I.N. 34-119-21-43-0005
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1200885
A 7.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
That part of Lot 1, Block 1, CHRYSLER MOTORS CORPORATION 2ND ADDITION
lying north of the North line of Lot 23, AUDITOR'S SUBDIVISION NO. 25, Hennepin
County, Minnesota.
Said temporary easement lying westerly of and adjacent to a line run parallel with and distant 35.00
feet westerly of line described as commencing at the northwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance
of 181.3 7 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a tangential
curve concave to the southwest having a radius of22896.14 feet and a central 01 degree 29 minutes
55 seconds; thence southeasterly 870 .92 feet along a compound curve concave to the west having
a radius of2842.62 feet and a central angle of 17 degrees 33 minutes 15 seconds and said described
line there terminating.
Together with a 6.20 foot temporary easement for construction purposes over, under, across and
through the southeasterly 27.00 feet of said described property. Said temporary easement lies
westerly of and adjacent to a line run parallel with and distant 42.80 feet southwesterly of said
described line.
Together with a temporary easement for construction purposes over, under, across and through
that part of said Lot 1 described as beginning at the intersection of the north line of said Lot 1 with
a line run parallel with and distant 42.80 feet southwesterly of said described line; thence southerly
along said parallel line a distance of 18 .10 feet; thence North 84 degrees 29 minutes 15 seconds
West a distance of 13.89 feet; thence South 60 degrees 24 minutes 22 seconds West a distance of
10.42 feet; thence North 29 degrees 35 minutes 38 seconds West a distance of 10.26 feet to the
northerly line of said Lot 1; thence northeasterly along said northerly line a distance of 23. 82 feet
to the point of beginning.
Said tempora1y easement to expire November 30, 2022.
t-
PERMANENT
EASEMENT
FOR DRAINAGE &
UTILITY /SIDEWALK/TRAIL
PURPOSES
THIS INDENTURE, Made this /t'/fri day of_------'\,,lj<..L..,~"'4,f-J--"~~-' 20 Jo by
The Sanctuary at Brooklyn Center, LP, a Minnesota limited partnership, GRANTOR, and
Hennepin County, a body politic and corporate under the laws of the State of Minnesota,
together with all hereditaments and appurtenances belonging thereto (hereinafter referred to
as the "Grantee").
WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations, the Grantor hereby gives, grants, conveys and
relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives,
contractors and invitees, a permanent and perpetual Easement for the drainage and utility
purposes and other municipal utilities, reconstruction, operation, maintenance, inspection,
alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary
sewer, water, cable, electric and other municipal utilities, trails facilities and improvements
upon, over, under, across and through the following-described tract or parcel of land located in
Hennepin County, Minnesota, and described as follows:
Page 1 of 3 Parcel 14
+-
See attached Exhibit A
(The "Easement Area")
Grantor wanants and covenants that Grantor is the fee simple owner of the above-
described premises and has the lawful right and authority to convey and grant this Easement
and will wanant and defend title to the above-described premises against all claims.
This Easement includes the right of the Grantee, its contractors, agents, employees and
invitees to enter upon said premises at all reasonable times for the purposes of construction,
grading, sloping, restoration, and all purposes in furtherance thereof or related thereto, including
but not limited to the right to remove trees, shrubs or other vegetation and existing structures
and improvements in the Easement Area, as well as the right to deposit earthen materials within
the Easement Area, to move, store, and remove equipment and supplies, and to perform any
other work necessary and incident to Grantee's project or to the continued operation of Grantee's
improvements within the Easement Area or Grantee's use of this Easement.
Grantee shall have no responsibility for pre-existing environmental contamination or
liabilities.
To have and to hold the Easement and right of way unto the Grantee for the purposes
herein stated.
This Easement, and all covenants, terms, conditions, provisions and unde1iakings created
by this Easement are perpetual and will run with the land and will be binding upon Grantor's
heirs, successors and assigns.
Page 2 of 3 Parcel 14
IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day
and year first above written.
WITNESS, The hand of the GRANTOR:
STATE OF F/ty,j,J ..
COUNTY OF a I/al'
)
) ss
)
The Sa~9ttpry~t rookJxn,fxnter, LP
/}!,/ J(f/ 5/tdFt a,, 'M ~~ (£1;::f),~1 LLL
~p;:fl:~
By:_~--'--'f-+--------
The foregoing instrument was acknowledged before me this /1 "aay of '!:/:~ , 20 dQ by (l/4#', )t/~uJ f . the AJA: = of The Sanctuaiy at Brooklyn Center, LP,
a Minnesota limited partnership, Grantor.
This Instrument Drafted By :
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of 3
Notaiy Public
County o~. _\t_Qr-_____ _
State of _,._----------,----------.~--
My Commission Expires: s\,?o\ '2-1
Return to:
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP, INC.
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Parcel 14
PARCEL 14PE
EASEMENT DESCRIPTION
Exhibit A
(Permanent Easement)
OWNER: THE SANCTUARY AT BROOKLYN CENTER, LP
P.I.N. 03-118-21-12-0002
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1434369
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That part of Lot 1, Block 1, CHRYSLER MOTORS CORPORATION 2ND ADDITION
lying north of the North line of Lot 23, AUDITOR'S SUBDIVISION NO. 25, Hennepin
County, Minnesota.
Said perpetual easement being that part of said described property lying northeasterly of a line run
parallel with and distant 35.00 feet southwesterly ofline described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west
line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said described
line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet; thence
southeasterly 598.85 feet along a tangential curve concave to the southwest having a radius of
22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870 .92 feet
along a compound curve concave to the west having a radius of 2842.62 feet and a central angle
of 17 degrees 33 minutes 15 seconds and said described line there terminating.
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
Parcel No: 15
Fee Owners: Huey Sam Fung and Nhi Hue Fung
On this )8 day of Ou~~ , 20 ?1), Huey Sam Fung and Nhi Hue Fung,
husband and wife, as joint tenants , Owners of the above described parcel of prope1ty located in
County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real
estate to the City of Brooklyn Center and Hennepin County.
This agreement is now made and entered as a Memorandum of all the terms, and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the parties that:
1.
2.
3.
4.
The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate. The Owners
understand that the acquired prope1ty is for use in connection with the construction of the
Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project.
The Owners understand and acknowledge that SRF's representatives have no direct, indirect,
present or contemplated future personal interest in the prope1ty or in any benefits from the
acquisition of the property.
That in full compensation for the convexance of said property, the City of Brooklyn Center
shall pay the Owners the sum of$ vi )-O D ·· OD for land and damages. Owners
understand that payment by the City of Brooklyn Center must await approval of title and
processing of a voucher.
Additionally:
It is understood and agreed that the entire agreement of the parties is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
parties.
Owner(s) The City of Brooklyn Center
By: ___________ _
Its : _____________ _
Nhi Hue Fung
September 30, 2020
Huey Sam Fung
Nhi Hue Fung
6201 Brooklyn Boulevard
Brooklyn Center, MN 55429
SUBJECT: OFFER TO ACQUIRE
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
PROPERTY ADDRESS: 6201 BROOKLYN BOULEY ARD
PARCEL No.: 15
Dear Huey and Nhi:
SRF No. 11765-D0290
As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of
way for the above referenced project. This letter constitutes the City's formal offer for the
purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who
may have an interest in the real estate to be acquired the sum of $9,200.00, which has been
determined to be just compensation for such property and rights based upon the fair market value
of the prope1ty. Attached to this letter is a Value Calculation setting out the basis for this
determination.
This offer is made pursuant to the Market Value Appraisal procedures provided for . under
Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you
with a copy of "Acquisition Information/or Property Owners" brochure.
You will have a reasonable length of time to consider the offer. To aid in your decision you may
wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to
exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase.
ff you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon
satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable
agreement cannot be anived at in a timely manner, the prope1ty may be acquired in an eminent
domain proceeding.
Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has
been made to you and verification that the "Acquisition Information for Property Owners"
brochure has been received by you. Your signature below does not prejudice your right to have
the final amount determined through eminent domain proceedings in the event you do not accept
the offer.
Huey Sam Fung and Nhi Hue Fung -2 -Parcel 15
On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your
cooperation and assistance, and we look forward to working with you toward a mutually
satisfactory completion of the acquisition process.
Sincerely,
SRF CONSULTING GROUP, INC.
Matthew Marsh
Right of Way Specialist
Attachments
ACKNOWLEDGMENT OF RECEIPT OF OFFER
I CERTIFY THAT on Q( ~ day ·of (9 c..-f , 20i,(~, this Offer to Acquire
and Value Calculation was received by me from the above Right of Way Specialist; I also
acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's
rights, privileges and obligations.
SRF No. 11765.D0290
VALUE CALCULATION
THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Parcel No.: 15
Fee Owners: Huey Sam Fung and Nhi Hue Fung
Legal Description of property to be acquired:
See Attached Exhibit A
ACQUISITION INFORMATION
Drainage and Utility Easement:
Temporary Construction Easement:
Land Value Before Taking
Land Value After Taking
Drainage and Utility Easement
Temporary Construction Easement
TOTAL (rounded)
1,742 square feet
781 square feet
VALUATION
= $690,700.00
= $681,500.00
= $ 7,436.00
=$ 1,696.00
= $ 9,200.00
.-----------E'f_K_~_0\_+_A _______ ___,7
C
-c,
"'
• I
PARCEL
0 25 50 _.._.._ I
SCALE IN FEET
DRAFT
S U B J ECT T O C H A N GE
I
, t I 11
·;;;i--------~-----------------------,----------~----P_ID ______________ A_D_D_R_ES_S _________ --t PARCEL LINE
iri 34-11-921-43-0007 6201BROOKLYNBOULEVARD EXISTINGR/W -------
~ EXISTING D&U, SIT EASE (SQ.FT] TE [SQ.FT] ~~~:
1~:s:E ===--------=----
6 PARCEL --PROPOSED D&U --------g AREA SQ.FT CONST LIMITS ----------~ l--___;_;,'-----"-......;_,--'---+----------+----------1 TREE REMOVAL X
;:; uii--______ _._ ___ 5_43_0_0 __ ...__ ___ 17_4_2 ___ ..__ __ 7_8_,1,--_ ___,"""T'"'"'RE=E....,W"""/IN-'-T=E=MP'-"E"'"'A=SE~.....a:Qa._._ __
n.o] BROOKLYN BOULEVARD -PHASE 2 .. 411!1 ~ Ill) DATE PARCEL ~ i : __________ S_P_10_9-_0_20_-0_1_4 ___ --r---------t -] ~~ ■
M~I....._ _____ CI_T_Y_O_F_B_R_O_O_KL_Y_N_C_E_N_T_ER _____ ..__ __ 2_02_1_-0_5 __ .._ ___ __._7_/9_/2_02_0___._ __ 1_5_~
L ~
Appraisal Receipt and Disclosure
Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project
County: Hennepin
Property Address: 6201 Brooklyn Boulevard Parcel No: 15 ---
Owner(s): Huey Sam Fung and Nhi Hue Fung
Minnesota law requires that governmental agencies acquiring property for public highways and other purposes
provide the affected property owner with a formal offer to purchase the necessary rights, a description of the
basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation.
Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC,
dated July 13, 2020.
Minnesota law also provides that the owner of the affected property may acquire his/her own independent
appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of
the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential
property and minimum damage acquisition, and up to a maximum of $5,000 for other types of prope1iy. In
order to be entitled to reimbursement, the owner must comply with the following:
1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal
licensing laws.
2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the
paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the
acquiring authority may pay the reimbursement directly to the appraiser.)
If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you
with two copies of his/her appraisal repmi.
Please feel free to contact the undersigned agent with any questions you might have. Thank you for your
cooperation.
~C? /I') ' '
Appraisal received this ~2~C~L _ day of L/ Uic) bA,,.c.,
Nhi Hue Fung
, 202Q_
SRF Consulting Group Inc.
Contact: Matthew Marsh ----''-'===~---=-ccc==-===----------
Address: _3_7_0_1 _W_a __ y~z_at_a_B_o_u_l_ev_a_rd_,~S_u_it_e_l_0_0 __
Minneapolis, MN 55416
Phone: 763-249-6703 ----'-'=-=--cc'----"-'---=-=-----------
TEMPORARY CONSTRUCTION EASEMENT GRANT
THIS EASEMENT GRANT is made by Huey Sam Fung and Nhi Hue Fung, husband and
wife, as joint tenants , {hereinafter referred to as the "Grantor") in favor of and to the City of
Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee").
The following recitals of fact are a material part of this instrument:
A. The Grantor is the owner of a tract of land described as follows {hereinafter referred
to as the "Parcel "):
B . The Grantor wishes to grant and convey to Grantee a temporary construction
easement over, under, and across those parts of the Parcel described as follows (hereinafter
referred to as the "Temporary Construction Easement"):
See attached Exhibit A
NOW, THEREFORE , for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the following grants, agreements, and covenants and restrictions are
made:
1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby
grants to the Grantee, for its successors and assigns, the Temporary Construction Easement
over, under, and across the Parcel.
2 . USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction
purposes including , but not limited to, the right to trim and cut such vegetation within the Easement
Area as needed to reasonably accommodate the construction activities and the right to use the
Easement Area to stage, operate , and store equipment as needed to complete the construction
activities. Displacing soil and grading, are perm issible over, under, and across the Temporary
Construction Easement premises.
3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary
Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022,
and any and all right, title, interest, lien or right of possession to the Temporary Construction
Easement premises shall thereupon automatically terminate and be of no further legal effect or
validity.
Page 1 of 3 Parcel 15
4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES.
As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion
of construction and prior to termination, restore the ground surface of the Temporary Construction
Easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
5. WARRANTIES OF TITLE. Grantor warrants and guarantees that Grantor has
good and indefeasible fee simple title to the Parcel and Grantor warrants and guarantees that
Grantor has the full authority to grant the Temporary Construction Easement provided herein, free
and clear of all other claims.
6. RUNNING OF BENEFITS AND BURDENS. All prov1s1ons of this instrument,
including the benefits and burdens, run with the Parcel and are binding upon and inure to the
heirs, assigns, successors, tenants and personal representatives of the parties hereto .
7 . ENVIRONMENTAL MATTERS . The Grantee shall not be responsible for any
costs, expenses, damages, demands, obligations, including penalties and reasonable
attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon
a release or threat of release of any hazardous substances, pollutants, or contaminants that
may have existed on, or that relate to, the Easement Area or Property prior to the date of this
instrument.
Page 2 of3 Parcel 15
"~ IN WIT SS WHER~OF, the Grantor has hereunto set Grantor's hand this
· &vtrf\JL t00r . 20 lo \ U day of
STATE OF -----'rn~..c._N ___ _
COUNTY OF Ji _\0 )'\JL,p\{1
)
) ss
)
Nhi Hue Fung
I O Mo, "°Ml .,,./ , '"' The foregoing instrument was acknowledged before me this ~ day of-+~--=---_v_1.... __ v✓'_~ 20_Uy'
by Huey Sam Fung and Nhi Hue Fung, husband and wife, as joint tenants, Grantor.
This Instrument Drafted By:
SRF Consulting Group , Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard , Suite 100
Minneapolis, MN 55416-3791
Pa ge 3 of 3
Return to :
Cindy Wiste
Senior Associate
SRF CON SULTING GROUP, IN C.
3701 Wayzata Boulevard , Suite 100
Minneapolis, MN 55416-3791
P arcel 15
t-
PARCEL 15 TE
EASEMENT DESCRIPTION
OWNER: HEUY SAM FUNG
P.I.N. 34-119-21-43-0006
Exhibit A
(Temporary Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1440464
A temporary easement for construction purposes over, under, across and through the following
described property:
Lot 2, Block 1, EWING LANE ADDITION
Said temporary easement being that pali of said Lot 2 described as beginning at the intersection of
the n01ih line of said Lot 2 with a line run parallel with and distant 32.00 feet southwesterly of the
following described "Line A"; thence southeasterly along said parallel line a distance of 88.11
feet; thence southeasterly deflecting to the right 05 degrees 36 minutes 00 seconds a distance of
30.71 feet to the intersection with a line run parallel with and distant 35.00 feet southwesterly of
said "Line A"; thence southeasterly along said parallel line a distance of 19 .48 feet to the
southeasterly line of said Lot 2; thence southwesterly along said south line a distance of 20.11 feet;
thence No1ih 29 degrees 35 minutes 38 seconds West a distance of 5.00 feet; thence North 60
degrees 24 minutes 22 seconds East a distance of 17.00 feet; thence North 23 degrees 48 minutes
56 seconds West a distance of 45.43 feet; thence North 66 degrees 34 minutes 44 seconds East a
distance of 2.29 feet to the intersection with a line run parallel with and distant 37.00 feet
southwesterly of said "Line A"; thence n01ihwesterly along said parallel line a distance of 90.29
feet to the n01iherly line of said Lot 2; thence easterly along said no1ih line a distance of 5.46 feet
to the point of beginning.
Said "Line A" is described as commencing at the n01ihwest corner of the Southeast Quaiier of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quaiier a distance
of 181.37 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a tangential
curve concave to the southwest having a radius of22896.14 feet and a central 01 degree 29 minutes
55 seconds and said described "Line A" there terminating.
Said temporary easement to expire November 30, 2022.
PERMANENT
EASEMENT
FOR DRAINAGE &
UTILITY/SIDEWALK/TRAIL
PURPOSES
THIS INDENTURE, Made this ~?,_B~t\.1-day of_f)_c,,_i--v_bN, ___ , 20 }D by
Huey Sam Fung and Nhi Hue Fung, husband and wife, as joint tenants, GRANTOR, and
Hennepin County, a body politic and corporate under the laws of the State of Minnesota,
together with all hereditaments and appurtenances belonging thereto (hereinafter referred to
as the "Grantee").
WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations, the Grantor hereby gives, grants, conveys and
relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives,
contractors and invitees, a permanent and perpetual Easement for the drainage and utility
purposes and other municipal utilities, reconstruction, operation, maintenance, inspection,
alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary
sewer, water, cable, electric and other municipal utilities, trails facilities and improvements
upon, over, under, across and through the following-described tract or parcel of land located in
Hennepin County, Minnesota, and described as follows:
See attached Exhibit A
(The "Easement Area")
Page 1 of 3 Parcel 15
Grantor warrants and covenants that Grantor is the fee simple owner of the above-
described premises and has the lawful right and authority to convey and grant this Easement
and will wanant and defend title to the above-described premises against all claims.
This Easement includes the right of the Grantee, its contractors, agents, employees and
invitees to enter upon said premises at all reasonable times for the purposes of construction,
grading, sloping, restoration, and all purposes in furtherance thereof or related thereto, including
but not limited to the right to remove trees, shrubs or other vegetation and existing structures
and improvements in the Easement Area, as well as the right to deposit earthen materials within
the Easement Area, to move, store, and remove equipment and supplies, and to perform any
other work necessary and incident to Grantee's project or to the continued operation of Grantee's
improvements within the Easement Area or Grantee's use of this Easement.
Grantee shall have no responsibility for pre-existing environmental contamination or
liabilities.
To have and to hold the Easement and right of way unto the Grantee for the purposes
herein stated.
This Easement, and all covenants, terms, conditions, provisions and undertakings created
by this Easement are perpetual and will run with the land and will be binding upon Grantor's
heirs, successors and assigns.
Page 2 of 3 Parcel 15
IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day
and year first above written.
WITNESS, The hand of the GRANTOR:
Nhi Hue Fung
STATE OF mN )
_I I f) ' ' \ ) ss
COUNTY OF~/OL)] )
I
The foregoing instrument was acknowledged before me this /Q~ day of
N D\.Lf\r\. VJ-('. V , 20 ?fly Huey Sam Fung and Nhi Hue Fung, husband and wife, as
joint tenants, Grantor.
LISA J HOLMES
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan. 31, 2021
This Instrument Drafted By:
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of 3
Return to:
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP, INC .
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Parcel 15
PARCEL 15 PE
EASEMENT DESCRIPTION
OWNER: HUEY SAM FUNG
P.I.N . 34-119-21-43-0006
Exhibit A
(Permanent Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1440464
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through paii of the following described prope1iy:
Lot 2, Block 1, EWING LANE ADDITION
Said perpetual easement being that part of said Lot 2 lying easterly of a line described as beginning
at the intersection of the no1ih line of said Lot 2 with a line run parallel with and distant 32.00 feet
southwesterly of the following described "Line A"; thence southeasterly along said parallel line a
distance of 88 .11 feet; thence southeasterly deflecting to the right 05 degrees 36 minutes 00
seconds a distance of 30.71 feet to the intersection with a line run parallel with and distant 35.00
feet southwesterly of said "Line A"; thence southeasterly along said parallel line a distance of
19 .48 feet to the southeasterly line of said Lot 2 and said described line there terminating.
Said "Line A" is described as commencing at the northwest corner of the Southeast Quaiier of
Section 34 , Township 119 , Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance
of 181.3 7 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a tangential
curve concave to the southwest having a radius of22896.14 feet and a central 01 degree 29 minutes
55 seconds and said described "Line A" there terminating.
Parcel No:
Fee Owners:
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
29
CAPIUSA
On this 7-D day of ~ . .P-C , 20 J /\) , CAPI USA, a Minnesota nonprofit
corporation, Owners of the above described parcel of property located in County of Hennepin, State
of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of
Brooklyn Center.
This agreement is now made and entered as a Memorandum of all the terms, and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the parties that: '
1. The Owners have been furnished with the approved estimate of just compensation for the
propetty acquired and a summaiy statement of the basis for the estimate. The Owners
understand that the acquired property is for use in connection with the construction of the
Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project.
2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect,
present or contemplated future personal interest in the property or in any benefits from the
acquisition of the property.
3. That in full compensation for the conveyance of said prope1iy, the City of Brooklyn Center
shall pay the Owners the sum of$ °I '-t. o <> for land and damages. Owners
understand that payment by the City of Brooklyn Center must await approval of title and
processing of a voucher.
4. Additionally:
It is understood and agreed that the entire agreement of the parties is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
patties.
Owner(s)
CAPIUSA
By: __ J7j __ ~~----
Its: ---------------
City of Brooklyn Center
By: ___________ _
Its: ---------------
September 23, 2020
CAPIUSA
Attn: Ek.ta Prakash
5930 Brooklyn Boulevard
Brooklyn Center, MN 55429
SUBJECT: OFFER TO ACQUIRE
SRF No. 11765-D0290
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Dear Ek.ta:
PROPERTY ADDRESS: 5930 BROOKLYN BOULEVARD
PARCELNO.: 29
As you may .be aware, The City of Brooklyn Center and Hennepin County are acquiring right of
way for the above referenced project. This letter constitutes the City's formal offer for the
purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who
may have an interest in the real estate to be acquired the sum of $9,400.00, which has been
dete1mined to be just compensation for such property and rights based upon the fair market value
of the property. Attached to this letter is a Value Calculation setting out the basis for this
dete1mination.
This offer is made pursuant to the Market Value Appraisal procedures provided for under
Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you
with a copy of "Acquisition Information for Property Owners" brochure.
You will have a reasonable length of time to consider the offer. To aid in your decision you may
wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to
exceed $5,000.00 for the actual costs of an appraisal of property acquired by direct purchase.
If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon
satisfacto1y evidence of marketable title. In the worst-case scenario that a mutually acceptable
agreement cannot be anived at in a timely manner, the property may be acquired in an eminent
domain proceeding.
Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has
been made to you and verification that the "Acquisition Jriformation for Property Owners"
brochure has been received by you. Your signature below does not prejudice your right to have
the final amount determined through eminent domain proceedings in the event you do not accept
the offer.
CAPIUSA -2 -Parcel 29
On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your
cooperation and assistance, and we look forward to working with you toward a mutually
satisfactory completion of the acquisition process.
Sincerely,
SRF CONSULTING GROUP, INC.
~~
Matthew Marsh
Right of Way Specialist
Attachments
ACKNOWLEDGMENT OF RECEIPT OF OFFER
I CERTIFY THAT on L/b day of (2 cJ~---c , 20 oG,, this Offer to Acquire
and Value Calculation was received by me from the above Right of Way Specialist; I also
acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's
rights, privileges and obligations.
CAPIUSA
Its:_· _c_· t::-_~_C_A_cf_1_u_~__,i\ ___ _
SRF No. l l 765.D0290
VALUE CALCULATION
THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY
BROOKLYN BOULEVARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Parcel No.:
Fee Owners:
I
29
CAPIUSA
Legal Description of property to be acquired:
See Attached Exhibit A
ACQUISITION INFORMATION
Drainage and Utility Easement:
Temporru-y Construction Easement:
Land Value Before Taking
Land Value After Taking
Drainage and Utility Easement
Temporary Easement
TOTAL (rounded)
1,901 square feet
2,957 square feet ·
VALUATION
= $328,400.00
= $319,000.00
= $ 4,430.00
=$ 4,938.00
= $ 9,400.00
i
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DRAFT
SUBJECT TO CHANGE
-.-
105
--_;;_~..,_ _____ BROOKLYN BLVD
593 0
PAR CEL
~----'-------~
------------------------' ~
I
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"ci,1-------------r----------------,----------,----------f t3....__ ___ P_I_D ___ -1--_________ A_D_D_R_E_SS _________ --1 PARCE L LINE
in 03-11-821-12-0006 5930 BROOKLYN BOULEVARD EXISTING R/W -------~ EXISTING D&U, SIT EASE [SQ .FT] TE [SQ .FT] ~~~;1i:s~E ===-----_--=._-_-
a PARCEL -PROPOSED o&u --------g AREA SQ.FT CONST LIMITS ----·------~ 1--_.:....:.:..:.=c..:.....L,;:....:.:..:.:.......C....--.l----------+-----------l TREE REMOVAL X
2 ui 34300 1901 2957 TRE E W/IN TEMP EASE Q ~o~I-----------LB-R_O_O_KL_Y_N_B_O_UL_E_V~AR_D ___ P_H_A-SE_2 ___ _._ __ --,-■-:-~~=-=--.:.;=-'--'D=A=T~Ec.:..::..:...~p~A~R-C_E_L--1
ll !~==========c=1T=Y=O=F=B=R=o=o=K=L=~N=P=~=~=~~=~=~=-o=1 =4 ============2=0=2=1-=05===~......__-_J~_~_■_.__7~/9~t2_02_0__._ __ 2_9 _ _. ~
Appraisal Receipt and Disclosure
Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase Illmprovements Project
County: Hennepin
Property Address: 5930 Brooklyn Boulevard, Parcel No: 29 .
Owner(s): CAPIUSA
Minnesota law requires that governmental agencies acquiring property for public highways and other purposes
provide the affected property owner with a fo1mal offer to purchase the necessary rights, a description of the
basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation.
Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC,
dated July 13, 2020.
Minnesota law also provides that the owner of the affected property may acquire his/her own independent
appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of
the appraisal.fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential
property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In
order to be entitl~d to reimbursement, the owner must comply with the following:
1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal
licensing laws. ·
2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the
paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the
acquiring authority may pay the reimbursement directly to the .appraiser.)
If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you
with two copies of his/her appraisal report.
Please feel free to contact the undersigned agent with any questions you might have. Thank you for your
cooperation.
Appraisal received this ~ 0 day of Al?._,;~ , 20 'l .AJ
Owner(s):
CAPIUSA
Its: CA:O , (~JU .S-A------------~--
SRF Consulting Group Inc .
Contact: Matthew Marsh
Address: 3701 Wayzata Blvd, Suite 100
Minneapolis, MN 55416
Phone: 763-249-6703
TEMPORARY CONSTRUCTION EASEMENT GRANT
THIS EASEMENT GRANT is made by CAPI USA, a Minnesota nonprofit corporation,
(hereinafter referred to as the "Grantor") in favor of and to the City of Brooklyn Center, a
Minnesota municipal corporation (hereinafter referred to as the "Grantee").
The following recitals of fact are a material part of this instrument:
A. The Grantor is the owner of a tract of land described as follows (hereinafter referred
to as the "Parcel"):
B. The Grantor wishes to grant and convey to Grantee a temporary construction
easement over, under, and across those parts of the Parcel described as follows (hereinafter
referred to as the "Temporary Construction Easement"):
See attached Exhibit A
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the following grants, agreements, and covenants and restrictions are
made:
1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby
grants to the Grantee, for its successors and assigns, the Temporary Construction Easement
over, under, and across the Parcel.
2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction
purposes including, but not limited to, the right to trim and cut such vegetation within the Easement
Area as needed to reasonably accommodate the construction activities and the right to use the
Easement Area to stage, operate, and store equipment as needed to complete the construction
activities. Displacing soil and grading, ·are permissible over, under, and across the Temporary
Construction Easement premises.
3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary
Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022,
and any ·and all right, title, interest, lien or right of possession to the Temporary Construction
Easement premises shall thereupon automatically terminate and be of no further legal effect or
validity.
Page 1 of3 Parcel 29
4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES.
As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion
of construction and prior to termination, restore the ground surface of the Temporary Construction
Easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
5. WARRANTIES OF TITLE. Grantor warrants and guarantees that Grantor has
good and indefeasible fee simple title to the Parcel and Grantor warrants and guarantees that
Grantor has the full authority to grant the Temporary Construction Easement provided herein, free
and clear of all other claims.
6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument,
including the benefits and burdens, run with the Parcel and are binding upon and inure to the
·heirs, assigns, successors, tenants and personal representatives of the parties hereto .
7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any
costs, expenses, damages, demands, obligations, including penalties and reasonable
attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon
a release or threat of release of any hazardous substances, pollutants, or contaminants that
may have existed on, or that relate to, the Easement Area or Property prior to the date of this
instrument.
Page 2 of3 Parcel 29
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this _;____IJ __ day of
C~ ,20 N
STATE OF _rv1_,_N_N_e_s_o_T_A __ )
) ss
COUNTY OF _ij_e,,.., __ N_6_P_I N __ )
GRANTORS
CAPIUSA
C C f ) Its: c-'-------------------
The foregoing instrument was acknowledged before me this £0 day of ~c;oSe.ta , 20 J.C?
by E"rA f'r.::-A"-AG.., the __ CE_o _______ _
of CAP! USA, a Minnesota nonprofit corporation, Grantors.
MUMTA GOSAIN
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 01/31/23
This Instrument Drafted By:
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of3
Return to:
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP , INC .
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Parcel 29
PARCEL29TE
EASEMENT DESCRIPTION
OWNER: CAPI USA
P .I.N. 03-118-21-12-0006
Exhibit A
(Temporary Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE NO. 1451077 ·
A 7 .40 foot temporary easement for construction purposes over, under, across and through the
following described property:
That paii of the south 161.6 feet of Lot 40 measured along the East line of Lot 40,
AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota lying easterly of a
line drawn parallel to and 42 feet n01iheasterly of the following described line:
Commencing at the Northeast corner of Section 3, Township 118, Range 21; thence west
along the North line of said Section 3, a distance of 1741.08 feet; thence southeasterly
deflecting to the left 111 degrees 58 minutes 07.7 seconds, a distance of 104 :54 feet to
the point of beginning of the line to be described; thence southeasterly deflecting to the
right 17 degrees 20 minutes 3 5 .2 seconds a distance of 1000 feet and there terminating.
Said tempora1y easement lying easterly of and adjacent to a line run parallel with and distant 31. 00
feet easterly of line described as commencing at the n01ihwest corner of the Southeast Quarter of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance
of 52.09 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet along a tangential
curve concave to the southwest having a radius of 22940 .48 feet and a central O 1 degree 29 minutes
55 seconds; thence southeasterly 870.51 feet along a compound curve concave to the west having
a radfos of 2886.96 feet and a central angle of 17 degrees 16 minutes 35 seconds; thence South 05
degrees 02 minutes 26 seconds East, tangent to said curve, a distance of 737.46 feet and said
described line there terminating.
Together with a 30.90 foot temporaiy easement for construction purposes over, under, across and
through that part of the No1ih 56.00 feet of the South 66.00 feet of said described prope1iy lying
easterly of and adjacent to a line run parallel with and distant 38.40 feet easterly of the above
described line.
Together with a 0.90 foot temporaiy easement for construction purposes over, under, across and
through that paii of the South 10. 00 feet of said described property lying easterly of and adjacent
to a line run parallel with and distant 38.40 feet easterly of the above described line.
Said tempora1y easement to expire November 30, 2022.
PERMANENT
EASEMENT
FOR DRAINAGE &
UTILITY /SIDEWALK/TRAIL
PURPOSES
THIS INDENTURE, Made this __ ?o __ day of C) c Jn.9'1-yy , 20 ~ by ,
CAPI USA, a Minnesota nonprofit corporation, GRANTOR, and Hennepin County, a body
politic and corporate under the laws of the State of Minnesota, together with all hereditaments
and appurtenances belonging thereto (hereinafter refened to as the "Grantee").
WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations, the Grantor hereby gives, grants, conveys and
relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives ,
contractors ·and invitees, a permanent and perpetual Easement for the drainage and utility
purposes and other municipal utilities, reconstruction, operation, maintenance, inspection,
alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary
sewer, water, cable, electric and other municipal utilities, trails facilities and improvements
upon, over, under, across and through the following-described tract or parcel of land located in
Hennepin County, Minnesota, and described as follows:
Page 1 of 3 Parcel 29
See attached Exhibit A
(The "Easement Area")
Grantor wanants and covenants that Grantor is the fee simple owner of the above-
described premises and has the lawful right and authority to convey and grant this Easement
and will warrant and defend title to the above-described premises against all claims.
This Easement includes the right of the Grantee, its contractors, agents, employees and
invitees to enter upon said premises at all reasonable times for the purposes of construction,
grading, sloping, restoration, and all purposes in furtherance thereof or related thereto , including
but not limited to the right to remove trees, shrubs or other vegetation and existing structures
and improvements in the Easement Area, as well as the right to deposit earthen materials within
the Easement Area, to move, store, and remove equipment and supplies, and to perform any
· other work necessary and incident to Grantee's project or to the continued operation of Grantee's
improvements within the Easement Area or Grantee's use ·ofthis Easement.
Grantee shall have no responsibility for pre-existing environmental contamination or
liabilities.
To have and to hold the Easement and right of way unto the Grantee for the purposes
herein stated.
This Easement, and all covenants, te1ms, conditions, provisions and unde1iakings created
by this Easement are perpetual and will run with the land and will be binding upon Grantor's
heirs, successors and assigns.
Page 2 of 3 Parcel 29
IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day
and year first above wdtten.
WITNESS, The hand of the GRANTOR:
CAPIUSA
Its: -------------
STATE OF MiNNS90TA )
. ) ss
COUNTY OF ~ e,lilNe PIN )
The foregoing instrument was acknowledged before me this 2.0 day of
CCTC!)6e~ , 20 .lo by Eic.,A r'R'AJC.AGH the
______ C_s_o ___________ of CAPI USA, a Minnesota nonprofit
corporation, Grantor.
MUMTA GOSAIN
NOTARY PUBLIC· MINNESOTA
MY COMMISSION EXPIRES 01/31/23
This Instrument Drafted By:
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of 3
Notaiy Public
County of 14 eN Ne.Pl N
State of MtNNSSOTA
My Commission Expires: o I / 31 / zo 2,3
Return to :
Cindy Wiste
Senior Associate
SRF CONSUL TING GROUP, INC .
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Parcel 29
PARCEL29PE
EASEMENT DESCRIPTION
OWNER: CAPI USA
P.I.N. 03-118-21-12-0006
Exhibit A
(Pe1manent Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No . 1451077
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That paii of the south 161.6 feet of Lot 40 measured along the East line of Lot 40,
AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota lying easterly of a
line drawn parallel to and 42 feet n01iheasterly of the following described line:
Commencing at the N01iheast corner of Section 3, Township 118, Range 21; thence west
along the North line of said Section 3, a distance of 1741.08 feet; thence southeasterly
deflecting to the left 111 degrees 58 minutes 07.7 seconds, a distance of 104.54 feet to
the point of beginning of the line to be described; thence southeasterly deflecting to the
right 17 degrees 20 minutes 3 5 .2 seconds a distance of 1000 feet and there te1minating.
Said perpetual easement being that part of said described property lying westerly of a line run
parallel with and distant 31.00 feet easterly of line described as commencing at the northwest
corner of the Southeast Quaiier of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west
line of said Southeast Quaiier a distance of 52.09 feet to the point of beginning of said described
line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence
southeasterly 600.01 feet along a tangential curve concave to the southwest having a radius of
22940.48 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet
along a compound curve concave to the west having a radius of 2886.96 feet and a central angle
of 17 degrees 16 minutes 35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent -
to said curve, a distance of 73 7.46 feet and said described line there terminating.
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
Parcel No: 30
Fee Owners: CAPI USA
On this day of , 20____, CAPI USA, a Minnesota nonprofit
corporation Owners of the above described parcel of property located in County of Hennepin, State
of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of
Brooklyn Center.
This agreement is now made and entered as a Memorandum of all the terms, and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the parties that:
1. The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate. The Owners
understand that the acquired property is for use in connection with the construction of the
Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project.
2. The Owners understand and acknowledge that SRF’s representatives have no direct, indirect,
present or contemplated future personal interest in the property or in any benefits from the
acquisition of the property.
3. That in full compensation for the conveyance of said property, the City of Brooklyn Center
shall pay the Owners the sum of $ for land and damages. Owners
understand that payment by the City of Brooklyn Center must await approval of title and
processing of a voucher.
4. Additionally:
It is understood and agreed that the entire agreement of the parties is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
parties.
Owner(s) City of Brooklyn Center
CAPI USA
By: By:
Its: Its:
September 23, 2020
CAPIUSA
Attn: Ekta Prakash
5930 Brooklyn Boulevard
Brooklyn Center, MN 55429
SUBJECT: OFFER TO ACQUIRE
SRF No. 11765-D0290
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Dear Ekta:
PROPERTY ADDRESS: 5930 BROOKLYN BOULEVARD
PARCEL No.: 30
As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of
way for the above referenced project. This letter constitutes the City's formal offer for the
purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who
may have an interest in the real estate to be acquired the sum of $5,900.00, which has been
determined to be just compensation for such property and rights based upon the fair market value
of the prope1iy. Attached to this letter is a Value Calculation setting out the basis for this
determination.
This offer is made pursuant to the Market Value Appraisal procedures provided for under
Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you
with a copy of "Acquisition Information/or Property Owners" brochure.
You will have a reasonable length of time to consider the offer. To aid in your decision you may
wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to
exceed $5,000.00 for the actual costs of an appraisal of prope1iy acquired by direct purchase . .. ..
If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon
satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable
agreement cannot be anived at in a timely manner, the property may be acquired in an eminent
domain proceeding.
Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has
been made to you and verification that the "Acquisition Information for Property Owners"
brochure has been received by you. Your signature below does not prejudice your right to have
the final amount determined through eminent domain proceedings in the event you do not accept
the offer.
CAPIUSA -2 -Parcel 30
On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your
cooperation and assistance, and we look forward to working with you toward a mutually
satisfactory completion of the acquisition process.
Sincerely,
SRF CONSUL TING GROUP, INC.
Matthew Marsh
Right of Way Specialist
Attachments
ACKNOWLEDGMENT OF RECEIPT OF OFFER
I CERTIFY THAT on Q,,o day of O c__~ , 20 z...o, this Offer to Acquire
and Value Calculation was received by me from the above Right of Way Specialist; I also
acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's
rights, privileges and obligations.
CAPIUSA
By:_•~------
Its: ---------------
SRF No. 11765.D0290
VALUE CALCULATION
THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY
BROOKLYN BOULEVARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Parcel No.:
Fee Owners:
30
CAPIUSA
Legal Description of property to be acquired:
See Attached Exhibit A
ACQUISITION INFORMATION
Drainage and Utility Easement:
Temporary Construction Easement:
Land Value Before Taking
Land Value After Taking
Drainage and Utility Easement
Temporary Easement
TOT AL (rounded)
204 square feet
1,940 square feet
VALUATION
= $388,500.00
= $382,600.00
= $ 2,244.00
=$ 3,564.00
= $ 5,900.00
C
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0
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______ ___,__._._ ............... _A-----'-----------.7
--1 J
' ----------.,,,___-------:..-=-=-=------
} I
105
I
BROOKLYN BLVD
0 25 50
~ ,
~IN FEET
DRAFT
SUBJECT TO CHANGE
-~l-----P-1-D---~---------A-D_D_R_E_S_S _________ -r-P-A-RC_E_L -LIN_E_-:_-:_-:_-:_-:_-:_-:_-:_-:_-:..---1
~,___03---11---82-1--1-2--0-1_0_1 --+--------5-9-50_B_R_O_O_K_L_YN_B_O_UL_E_V_A_R_D ______ _, EXI STING R/W -------
~ EXISTING D&U, S/T EASE [SQ.FT] TE [SQ .FT] ~~~;1~:s:E ===-----_--=-._-_-
ci PARCEL --PROPO SED D&U --------g AREA SQ .FT CON ST LIMIT S ----------
1--------'-----'---"-l----------+----------t TREE REMOVAL X
2 :;;; 36500 204 1940 TREE W/IN TEMP EA SE Q
~~~1----------'-B_R_O_O_KL~Y~N~B~O-UL_E_V~AR_D ___ P_H_A-SE_2 ___ .,__ __ ---,--■--~--~~~~-:.:.::...;,.:.:.:.:.-D=A=T~E=~PA::;._R_C_E---IL
"'
0 e SP 109-020 -014
~~f ~==========C=,T=Y=O=F==BR=O=O=K=L=Y=N=C:E=N=TE=R================20=2=1-=0=5===='-----------'-----'7~/9~/2_0_20___..___J_O___, L ~
Appraisal Receipt and Disclosure
Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project
County: Hennepin
Property Address: 5930 Brooklyn Boulevard, Parcel No: 30
Owner(s): CAPIUSA
Minnesota law requires that governmental agencies acquiring property for public highways and other purposes
provide the affected property owner with a formal offer to purchase the necessary rights, a description of the
basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation.
Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC,
dated July 13, 2020.
Minnesota law also provides that the owner of the affected property may acquire his/her own independent
appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of
the appraisal fee incun-ed by the owner up to a maximum of $1,500 for single family and two-family residential
property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In
order to be entitled to reimbursement, the owner must comply with the following:
1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal
licensing laws.
2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the
paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the
acquiring authority may pay the reimbursement directly to the appraiser.)
If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you
with two copies of his/her appraisal rep01i.
Please feel free to contact the undersigned agent with any questions you might have. Thank you for your
cooperation.
Appraisal received this '3 ° day of J~ 20 ,;Lo ' --
Owner(s): SRF Consulting Group Inc.
CAPIUSA
By: __ ~-~-----Contact: Matthew Marsh ~~=~~=~---------
Address: _3_7_0_1 _W_a~y~z_a_ta_B_l_v_d~, S_u_i_te_l O_O ___ _
Minneapolis, MN 55416
Its: --------------Phone: 763-249-6703 -~'-=-~~~~---------
TEMPORARY CONSTRUCTION EASEMENT GRANT
THIS EASEMENT GRANT is made by CAPI USA, a Minnesota nonprofit corporation,
(hereinafter referred to as the "Grantor") in favor of and to the City of Brooklyn Center, a
Minnesota municipal corporation (hereinafter referred to as the "Grantee").
The following recitals of fact are a material part of this instrument:
A. The Grantor is the owner of a tract of land described as follows (hereinafter referred
to as the "Parcel"):
B. The Grantor wishes to grant and convey to Grantee a temporary construction
easement over, under, and across those parts of the Parcel described as follows (hereinafter
referred to as the "Temporary Construction Easement"):
See attached Exhibit A
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the following grants, agreements, and covenants and restrictions are
made:
1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby
grants to the Grantee, for its successors and assigns, the Temporary Construction Easement
over, under, and across the Parcel.
2 . USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction
purposes including, but not limited to, the right to trim and cut such vegetation within the Easement
Area as needed to reasonably accommodate the construction activities and the right to use the
Easement Area to stage, operate, and store equipment as needed to complete the construction
activities. Displacing soil and grading, are permissible over, under, and across the Temporary
Construction Easement premises .
3 . TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary
Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022,
and any and all right, title, interest, lien or right of possession to the Temporary Construction
Easement premises shall thereupon automatically terminate and be of no further legal effect or
validity .
Page 1 of3 Parcel 30
l
4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES .
As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion
of construction and prior to termination, restore the ground surface of the Temporary Construction
Easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
5. WARRANTIES OF TITLE. Granter warrants and guarantees that Granter has
good and indefeasible fee simple title to the Parcel and Granter warrants and guarantees that
Granter has the full authority to grant the Temporary Construction Easement provided herein, free
and clear of all other claims.
6. RUNNING OF BENEFITS AND BURDENS . All provisions of this instrument,
including the benefits and burdens, run with the Parcel and are binding upon and inure to the
heirs, assigns, successors, tenants and personal representatives of the parties hereto.
7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any
costs, expenses, damages, demands, obligations, including penalties and reasonable
attorney's fees, or losses resulting from any claims, actions, suits or proceed ings based upon
a release or threat of release of any hazardous substances, pollutants, or contaminants that
may have existed on, or that relate to, the Easement Area or Property prior to the date of this
instrument.
Page 2 of3 Parcel 30
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this --~-=--0-day of
(Q __,c;t ~6 , 20 '}--?
M•NNeso,A STATE OF ________ )
) ss
COUNTY OF_H_e_N_N_S._P_t_N __ )
GRANTORS
CAPIUSA
/ (\)
By :_---=L-"--------------
The foregoing instrument was acknowledged before me this 2.CJ day of 6cro 8 eK , 20 2,o
by arA Prz;AIC.A8H the __ c.8_0 _______ _
of CAPI USA, a Minnesota nonprofit corporation, Grantors.
MUMTA GOSAIN
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 01/31/23
This Instrument Drafted By :
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard , Suite 100
Minneapolis, MN 55416-3791
Page 3 of3
Return to :
Cindy Wiste
Sen ior Associate
SRF CON SULTING GROUP, IN C.
3701 Wayzata Boulevard , Suite 100
Minneapol is, MN 55416-3791
Parcel 30
PARCEL30TE
EASEMENT DESCRIPTION
OWNER: CAPI USA
P .I.N . 03-118-21-12-0101
Exhibit A
(Temporary Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE NO. 1451076
A temporary easement for construction purposes over, under, across and through part of the
following described property:
That part of Lot 1, Block 1, STEEN ADDITION embraced within that part of the north
80.8 feet of the south 242.4 of Lot 40, as measured along the East line of Lot 40,
AUDITOR'S SUBDIVISION No. 216, Hennepin County, Minn., lying easterly of a line
drawn parallel to and 42 feet northeasterly of the following described line: Commencing
at the N 01iheast comer of Section 3, Township 118, Range 21; thence west along the
North line of said Section 3, a distance of 1741.08 feet; thence southeasterly, deflecting
to the left 111 degrees, 58 minutes, 07.7 seconds, a distance of 104.54 feet to the point of
beginning of the line to be described; thence southeasterly, deflecting to the right 17
degrees, 20 minutes, 35.2 seconds, a distance of 1000 feet and there terminating.
Said temporary easement being that paii of said described prope1iy lying westerly of the East
204.00 feet of said described prope1iy and lying easterly of a line run parallel with and distant
31. 00 feet easterly of line described as commencing at the n01ihwest comer of the Southeast
Quaiier of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quaiier a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600 .01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870 .51 feet along a compound curve
concave to the west having a radius of 2886 .96 feet and a central angle of 17 degrees 16 minutes
35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to said curve, a
distance of 737.46 feet and said described line there terminating.
Said temporary easement to expire November 30, 2022.
l
PERMANENT
EASEMENT
FOR DRAINAGE &
UTILITY/SIDEWALK/TRAIL
PURPOSES
THIS INDENTURE, Made this--~--day of O c_,,,fu ½-, 20 2'v by
CAPI USA, a Minnesota nonprofit corporation, GRANTOR, and Hennepin County, a body
politic and corporate under the laws of the State of Minnesota, together with all hereditaments
and appurtenances belonging thereto (hereinafter refened to as the "Grantee").
WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations, the Grantor hereby gives, grants, conveys and
relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives,
contractors and invitees, a permanent and perpetual Easement for the drainage and utility
purposes and other municipal utilities, reconstruction, operation, maintenance, inspection,
alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary
sewer, water, cable, electric and other municipal utilities, trails facilities and improvements
upon, over, under, across and through the following-described tract or parcel of land located in
Hennepin County, Minnesota, and described as follows:
Page 1 of 3 Parcel 30
See attached Exhibit A
(The "Easement Area")
Grantor wanants and covenants that Grantor is the fee simple owner of the above-.
described premises and has the lawful right and authority to convey and grant this Easement
and will wanant and defend title to the above-described premises against all claims.
This Easement includes the right of the Grantee, its contractors, agents, employees and
invitees to enter upon said premises at all reasonable times for the purposes of construction,
grading, sloping, restoration, and all purposes in furtherance thereof or related thereto, including
but not limited to the right to remove trees, shrubs or other vegetation and existing structures
and improvements in the Easement Area, as well as the right to deposit earthen materials within
the Easement Area, to move, store, and remove equipment and supplies, and to perform any
other :work necessary and incident to Grantee's project or to the continued operation of Grantee's
improvements within the Easement Area or Grantee's use ofthis Easement.
Grantee shall have no responsibility for pre-existing environmental contamination or
liabilities.
To have and to hold the Easement and right of way unto the Grantee for the purposes
herein stated.
This Easement, and all covenants, terms, conditions, provisions and undertakings created
by this Easement are perpetual and will run with the land and will be binding upon Grantor's
heirs, successors and assigns.
Page 2 of 3 Parcel 30
IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day
and year first above written.
WITNESS, The hand of the GRANTOR:
STATE OF tv1tNNe90TA )
) ss
COUNTY OF He.NNe:PlN )
CAPIUSA
By: C{:7l)
The foregoing instrument was acknowledged before me this 2o day of
Ocroe,e.,: , 20 .fO by E~T,4 P~AkA6H the
CED of CAPI USA, a Minnesota nonprofit
corporation, Grantor.
MUMTA GOSAIN
NOTARY PUBLIC· MINNESOTA
MY COMMISSION EXPIRES 01/31/23
This Instrument Drafted By :
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard , Suite 100
Minneapolis, MN 55416-3791
Page 3 of 3
Notary Public
County of 1-tE.N NEPt Ii
State of M INN&!90TA
My Commission Expires : c, l /~I / 2,0 2~
Return to:
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP, INC .
3701 Wayzata Boulevard, Suite 100
Minneapolis , MN 55416 -3791
Parcel 30
PARCEL30PE
EASEMENT DESCRIPTION
OWNER: CAPI USA
P.I.N. 03-118-21-12-0101
Exhibit A
(Permanent Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1451076
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
That part of Lot 1, Block 1, STEEN ADDITION embraced within that part of the no1ih
80.8 feet of the south 242.4 of Lot 40, as measured along the East line of Lot 40,
AUDITOR'S SUBDIVISION No. 216, Hennepin County, Minn., lying easterly of a line
drawn parallel to and 42 feet n01iheasterly of the following described line: Commencing
at the No1iheast corner of Section 3, Township 118, Range 21; thence west along the
N01ih line of said Section 3, a distance of 1741.08 feet; thence southeasterly, deflecting
to the left 111 degrees, 58 minutes, 07.7 seconds, a distance of 104.54 feet to the point of
beginning of the line to be described; thence southeasterly, deflecting to the right 17
degrees, 20 minutes, 35.2 seconds, a distance of 1000 feet and there terminating.
Said perpetual easement being that paii of said Lot 1 lying westerly of a line run parallel with and
distant 31.00 feet easterly ofline described as commencing at the northwest corner of the Southeast
Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast
Quaiier a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds; thence South 05 degrees 02 minutes 26 seconds East, tangent to said curve, a distance
of 73 7.46 feet and said described line there terminating.
I
t-
Parcel No: 33
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
Fee Owners : 6939 BAIRD LLC, 8411 BALBOA LLC, BARRY WALLLMAN and
NANCY WALLMAN, AS TRUSTEES OF THE BARRY AND NANCY WALLMAN
REVOCABLE TRUST DATED DECEMBER 16, 1989, and BMW HOLDINGS LLC,
2 / Oc (,:--2 On this ___ u __ day of _______ , 20_o , 6939 BAIRD LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 35.0522% TENANT IN
COMMON INTEREST, 8411 BALBOA LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, AS TO AN UNDIVIDED 16.3252% TENANT IN COMMON INTEREST, BARRY
WALLMAN AND NANCY WALLMAN, AS TRUSTEES OF THE BARRY AND NANCY
WALLMAN REVOCABLE TRUST DATED DECEMBER 16, 1989 , AS TO AN UNDIVIDED
10.0356% TENANT IN COMMON INTEREST and BMW HOLDINGS LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 38.5870% TENANT IN
COMMON INTEREST, Owners of the above described parcel of prope1iy located in County of
Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to
the City of Brooklyn Center.
This agreement is now made and entered as a Memorandum of all the terms , and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the parties that:
1. The Owners have been furnished with the approved estimate of just compensation for the
prope1iy acquired and a summary statement of the basis for the estimate. The Owners
understand that the acquired prope1iy is for use in connection with the construction of the
Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project.
2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect,
present or contemplated future personal interest in the property or in any benefits from the
acquisition of the propeliy.
3. That in full compensation for the conveyance of said prope1iy, the City of Brooklyn Center
shall pay the Owners the sum of$ \ f!>'Cf). C{) for land and damages. Owners
understand that payment by the Cit~ of Brooklyn Center must await approval of title and
processing of a voucher.
4. Additionally:
It is understood and agreed that the entire agreement of the parties is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
parties .
Owner(s) City of Brooklyn Center
6939 BAIRD LLC
By: _____________ _
Its: Its: ----------------------------
8411 BALBQA-1bG--,
'
Its: --------------
BARRY WALLMAN AND NANCY WALLMAN
AS TRUSTEES-e -BARRY AND NANCY WALLMAN
REVOCABLE TRUS ATED DECE ER 16, 1989
Nancy Wallman, as Trustee
BMW HOLDIN9S hb
~
Its: --------------
September 30, 2020
6939 BAIRD LLC
c/o Halverson and Blaiser Group, Ltd.
Attn: Dallas Hanson
7800 Metro Parkway, Suite 300
Bloomington, MN 55425
SUBJECT: OFFER TO ACQUIRE
Dear Dallas:
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
PROPERTY ADDRESS: 6101 BEARD AVENUE NORTH
PARCELNO.: 33
SRF No. 11765-D0290
As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of
way for the above referenced project. This letter constitutes the City's formal offer for the
purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who
may have an interest in the real estate to be acquired the sum of $1,500.00, which has been
determined to be just compensation for such property and rights based upon the fair market value
of the property. Attached to this letter is a Value Calculation setting out the basis for this
determination.
This offer is made pursuant to the Market Value Appraisal procedures provided for under
Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you
with a copy of "Acquisition Information for Property Owners" brochure.
You will have a reasonable length of time to consider the offer. To aid in your decision you may
wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to
exceed $5,000.00 for the actual costs of an appraisal of property acquired by direct purchase.
If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon
satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable
agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent
domain proceeding.
Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has
been made to you and verification that the "Acquisition Information for Property Owners "
brochure has been received by you. Your signature below does not prejudice your right to have
the final amount determined through eminent domain proceedings in the event you do not accept
the offer.
6939 BAIRD LLC -2 -Parcel 33
On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your
cooperation and assistance and we look forward to working with you toward a mutually
satisfactory completion of the acquisition process.
Sincerely,
SRF CONSULTING GROUP, INC.
Matthew Marsh
Right of Way Specialist
Attachments
ACKNOWLEDGMENT OF RECEIPT OF OFFER
I CERTIFY THAT on ~ ~ day of [rC f'f , 20 7-t), this Offer to Acquire
and Value Calculation was received by me from the above Right of Way Specialist; I also
acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's
rights, privileges and obligations.
6939 BAIRD LI:C
Its: _____________ _
693 9 BAIRD LLC -3 -Parcel 33
8411 BALB
Its: -------------
BARRY WALLMAN AND NANCY WALLMAN
AS TRUS~S-OF BARRY AND NANCY WALLMAN
REVOCA'.BLE TRUST D TED DECEMBER 16, 1989
J1 M'lv;, ~
Nancy Walln¼n, as Trustee
BMW HOLDINGS LLC
I
By: ____ -----,, __ _,_ ___ ------"c:::-c:::;;,<----
Its: -------------
SRF No. 11765.D0290
VALUE CALCULATION
THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Parcel No.: 33
Fee Owners: 6939 BAIRD LLC , 8411 BALBOA LLC, BARRY WALLMAN
AND NANCY WALLMAN, AS TRUSTEES OF THE BARRY AND NANCY
WALLMAN REVOCABLE TRUST DATED DECEMBER 16, 1989, and BMW
HOLDINGS LLC
Legal Description of property to be acquired:
See Attached Exhibit A
ACQUISITION INFORMATION
Drainage and Utility Easement :
Temporary Construction Easement:
Land Value Before Taking
Land Value After Taking
Drainage and Utility Easement
Temporary Easement
TOTAL (rounded)
202 square feet
3 72 square feet
VALUATION
= $523 ,300.00
= $521,800 .00
= $ 896.00
=$ 497.00
= $ 1,500.00
i ____________ t_X_h _1 b____.1 _ ______;.A-______ ___,7
0 25 50
~ --i
SCA LE IN FEE T
DRAFT
S UBJEC T T O C HANG E
C
,,,1---------.------------------------,,-------------1 c3 ____ P_I_D ___ -+-_________ A_D_D_R_E_S_S _________ -i PARC EL LINE
u'i 03-11-821-12-0075 6101 BEARD AVENUE EX ISTING R/W -------
~ EXISTING D&U , SIT EASE [SQ .FT] TE [SQ.FT] ~~~:
1
~:s ~E ===-----_--=_-_-
a PARCEL --PR o Pos rn o &u --------g AREA SQ.FT CO NST LIMITS ----------~ 1---------~___,~------,.----+----------1 TRE E RE MO VAL X
::e vi 51900 202 372 TRE E W/IN TEMP EASE Q ~00 1---------LB_R_O_O_KL_Y_N_B_O_UL_E_V~AR_D ___ P_H_A_SE_2 ___ __._ __ --,r--_ __._==:....:.;-:-:-'~D=A=T~E;.;..=..~P~A~R-C-E-iL ; I i l------C-I-TY_O_F_B_R_O_OK_L_~-~-~-~-
9
~-~~-~--0-
1
-
4
-----,---2-02-1--0-5----t ~ t~ I 7/9/2020 3 3 L .____ ______ _____._ __ .______._ _ ___.________._J
Appraisal Receipt and Disclosure
Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project
County: Hennepin
Property Address: 6101 Beard Avenue North Parcel No: 33 ---
Owner(s): 6939 BAIRD LLC, 8411 BALBOA LLC, BARRY WALLMAN AND NANCY
WALLMAN, AS TRUSTEES OF THE BARRY AND NANCY WALLMAN REVOCABLE TRUST DATED
DECEMBER 16, 1989, and BMW HOLDINGS LLC
Minnesota law requires that governmental agencies acquiring property for public highways and other purposes
provide the affected property owner with a formal offer to purchase the necessary rights, a description of the
basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation.
Accordingly, enclosed is a copy of the appraisal(s) for the above prope1iy prepared by DKJ Appraisal, LLC,
dated July 14, 2020.
Minnesota law also provides that the owner of the affected property may acquire his/her own independent
appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of
the appraisal fee incuned by the owner up to a maximum of $1,500 for single family and two-family residential
property and minimum damage acquisition, and up to a maximum of $5,000 for other types of prope1iy. In
order to be entitled to reimbursement, the owner must comply with the following:
1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal
licensing laws.
2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the
paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the
acquiring authority may pay the reimbursement directly to the appraiser.)
If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you
with two copies of his/her appraisal rep01t.
Please feel free to contact the undersigned agent with any questions you might have. Thank you for your
cooperation.
r-i 1~ day of Ur/-,-Appraisal received this vv ___ v_, ______ , 20_t.o_
Owner(s):
6939 BAIRD LL
Its: --------------
SRF Consulting Group Inc.
Contact: Matthew Marsh
Address: 3701 Wayzata Blvd, Suite 100
Minneapolis, MN 55416
Phone: 763-249-6703
8411 BALBO~LG
Its: -------------
BARRY WALLMAN AND NANCY WALLMAN
AS TRUSTEES OF THE BARRY AND NANCY WALLMAN
REVOCAB~.:cJ&l= TED DECEMBER 16, 1989
Nancy Wallman, as Trustee
BMW HO~--
Its: -------------
TEMPORARY CONSTRUCTION EASEMENT GRANT
THIS EASEMENT GRANT is made by 6939 BAIRD LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AS TO AN UNDIVIDED 35 .0522% TENANT IN COMMON
INTEREST, 8411 BALBOALLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TO
AN UNDIVIDED 16.3252% TENANT IN COMMON INTEREST, BARRY WALLMAN AND
NANCY WALLMAN, AS TRUSTEES OF THE BARRY AND NANCY WALLMAN
REVOCABLE TRUST DATED DECEMBER 16, 1989, AS TO AN UNDIVIDED 10.0356%
TENANT IN COMMON INTEREST and BMW HOLDINGS LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AS TO AN UNDIVIDED 38.5870% TENANT IN COMMON
INTEREST, (hereinafter referred to as the "Grantor") in favor of and to the City of Brooklyn
Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee").
The following recitals of fact are a material part of this instrument:
A. The Granter is the owner of a tract of land described as follows (hereinafter referred
to as the "Parcel"):
B. The Granter wishes to grant and convey to Grantee a temporary construction
easement over, under, and across those parts of the Parcel described as follows (hereinafter
referred to as the "Temporary Construction Easement"):
See attached Exhibit A
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the following grants, agreements, and covenants and restrictions are
made :
1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Granter hereby
grants to the Grantee, for its successors and assigns, the Temporary Construction Easement
over, under, and across the Parcel.
2 . USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction
purposes including, but not limited to, the right to trim and cut such vegetation within the Easement
Area as needed to reasonably accommodate the construction activities and the right to use the
Easement Area to stage , operate, and store equipment as needed to complete the construction
activities . Displacing soil and grading, are permissible over, under, and across the Temporary
Construction Easement premises .
Page 1 of6 Parcel 33
3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary
Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022,
and any and all right, title, interest, lien or right of possession to the Temporary Construction
Easement premises shall thereupon automatically terminate and be of no further legal effect or
validity .
4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES .
As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion
of construction and prior to termination, restore the ground surface of the Temporary Construction
Easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching , fills, slope construction, cuts and any removal of
earth, other materials , trees and other vegetat ion .
5 . WARRANTIES OF TITLE . Grantor warrants and guarantees that Grantor has
good and indefeasible fee simple title to the Parcel and Grantor warrants and guarantees that
Grantor has the full authority to grant the Temporary Construction Easement provided herein , free
and clear of all other claims .
6 . RUNNING OF BENEFITS AND BURDENS . All provisions of this instrument,
including the benefits and burdens, run with the Parcel and are binding upon and inure to the
heirs, assigns , successors, tenants and personal representatives of the parties hereto.
7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any
costs, expenses, damages , demands , obligations , including penalties and reasonable
attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon
a release or threat of release of any hazardous substances , pollutants , or contaminants that
may have existed on, or that relate to , the Easement Area or Property prior to the date of this
instrument.
Page 2 of 6 Parc el 33
IN WITNESS WHEREOF, the Granter has hereunto set Grantor's hand this _J_~_P __ day of
c c:r , 2ot-0-.
GRANTORS
6939 BAip-bb€
Its : ----------------
STATE OF ________ )
) ss
COUNTY OF _______ )
The foregoing instrument was acknowledged before me this __ day of _____ , 20_,
by ________________ the ____________ _
of 6939 BAIRD LLC, A CALIFORNIA LIMITED LIABIL TY COMPANY, AS TO AN UNDIVIDED
35 .0522% TENANT IN COMMON INTEREST, on behalf of the limited liability company, Granters .
Notary Public
Page 3 of6 Parcel 33
All-purpose Acknowledgment California ■
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange --------------------------------------
On 10/26/2020
the officer),
before me, Paul Mattox, Notary Public (here insert name and title of
personally appeared _B_a_r_ry_W_a_l_lm_a_n ____________________________ _
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
Signature
I
WITNESS my hand
and official seal.
For Bank Purposes Only
Description of Attached Document
Type or Title of Document Temporary construction Easement Grant
~·······••a1111111111111aa11111111111 ~
: PAUL MATTOX :::
COMM . #2206J57 ~
e NOTARY PUBLIC -CALIFORNIA -o
• ,, ORANGE COUNTY :
: My Commission E><Ol;es 07/20/2021 :
~-····································
Notary Seal
Document Date _1_0_/2_6_/2_0_2_0 ___________ Number of Pages _6 ____________ _
Signer(s) Other Than Named Above ____________________________ _
Account Number (if applicable)
111111 11111 1111
FO01-000DSG5350CA-01
DSG5350CA/595577 (Rev 04 -09/20)
I
IN WITNESS WHEREOF, the Granter has hereunto set Grantor's hand this a-vt . 20 U?---
GRANTORS
8411 BALBOA
Its :
';)& 7}! day of
----------------
STATE OF ________ )
) ss
COUNTY OF _______ )
The foregoing instrument was acknowledged before me this __ day of _____ , 20_,
by ________________ the ____________ _
of 8411 BALBOA LLC , A CALIFORNIA LIMITED LIABILTY COMPANY, AS TO AN UNDIVIDED
16.3252% TENANT IN COMMON INTEREST, on behalf of the limited liability company, Granters.
Page 4 of 6 P arcel 3 3
All-purpose Acknowledgment Ca liforni a
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
■
County of _O_r_a_n_g_e __________________________________ _
On 10/26/2020
the officer),
before me, _P_a_u_l_M_a_t_to_x_,_N_o_ta_ry_P_u_b_l_ic __________ (here insert name and title of
personally appeared _B_a_r_ry_W_a_ll_m_a_n ____________________________ _
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they . executed the same
in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
Signature
WITNESS my hand
and official seal.
For Bank Purposes Only
Desc ription of Attached Document
Type or Title of Document Temporary construction Easement Grant
Notary Seal
Document Date _1_0_12_6_/2_0_2_0 ____________ Number of Pages _s ____________ _
Signer(s) Other Than Named Above ____________________________ _
Account Number (if applicable)
11111111111 1111
FO01-000DSG5 350CA-0 1
DSG5350CA/595577 (Rev 04 -09/20)
IN WITNESS WHEREOF, the Granter has hereunto set Grantor's hand this d-&; ·fJ{-day of
o ·vr , 20 21?-
STATE OF _______ )
) ss
COUNTY OF _______ )
GRANTORS
BARRY WALLMAN AND NANCY WALLMAN,
AS TRUSTEES OF THE BARRY AND NANCY
WALLMAN REVOCABLE TRUST DATED
DECEMBER 1-~r
Barry Wallman, as
The foregoing instrument was acknowledged before me this __ day of _____ , 20_,
BARRY WALLMAN AND NANCY WALLMAN AS TRUSTEES OF THE BARRY AND NANCY
WALLMAN REVOCABLE TRUST DATED DECEMBER 16, 1989, AS TO AN UNDIVIDED
10 .0356% TENANT IN COMMON INTEREST, on behalf of the trust, Granters.
Page 5 of6 Parcel 33
All-purpose Acknowledgment California ■
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of _O_r_a_n_g_e __________________________________ _
On 10/26/2020
the officer),
b f Paul Mattox, Notary Public e ore me, ____________________ (here insert name and title of
personally appeared Barry Wallman and Nancy Wallman
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
Signature
WITNESS my hand
and official seal.
For Bank Purposes Only
Description of Attached Document
Type or Title of Document Temporary construction Easement Grant
J III I II II II GGIIIII I II I IMSleDifl l lllll~
: PAUL MATTO X ;
• COMM. 112206.157 ~
NOTARY PU
0
BLIC -CALIFORNIA ]
Z """"'""'',,. ORANGE COUNTY ::::
: ,,,, ~Y Commission Expi res 07/20/2ii1II 111 iii~
~111111 1 11111111111111111 11 1
Notary Seal
Document Date _1_0_12_6_12_0_2_0 ____________ Number of Pages _6 ____________ _
Signer(s) Other Than Named Above ____________________________ _
Account Number (if applicable)
11111111 I ll 11 1 1
FO01-000DSG5350CA-01
DSG5350CA/595 577 (Rev 04 -09/20)
~,;+ IN WITNESS WHEREOF , the Granter has hereunto set Grantor's hand this _____ day of
C;,svt: I 20 7--?
Its: _______________ _
STATE OF ________ )
) ss
COUNTY OF _______ )
The foregoing instrument was acknowledged before me this __ day of ______ , 20_,
by _________________ the _____________ _
of BMW HOLDINGS LLC A CALIFORNIA LIMITED LIABIL TY COMPANY , AS TO AN
UNDIVIDED 38 .5870% TENANT IN COMMON INTEREST, on behalf of the limited liability
company, Granters.
This Instrument Drafted By :
SRF Consulting Group , Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard , Suite 100
Minneapolis, MN 55416 -3791
Pa ge 6 of 6
No jry Public
Return to:
Cindy Wiste
Senior Associate
SRF CON SULTING GROUP , IN C.
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416 -3791
P arc el 33
All-purpose Acknowledgment California
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
■
County of _O_r_a_n_g_e __________________________________ _
On 10/26/2020
the officer),
b f Paul Mattox, Notary Public e ore me, _________________ d.;;,,.._ __ (here insert name and title of
personally appeared Barry Wallman -----------------------------------
who proved to me on the basis of satisfactory evidence to be the
persori(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
Signature
I
For Bank Purposes Only
WITNESS my hand
and official seal.
Description of Attached Document
Type or Title of Document Temporary construction Easement Grant
Notary Seal
Document Date _1_0_12_6_/2_0_2_0 ____________ Number of Pages _6 ____________ _
Signer(s) Other Than Named Above ___________________________ _
Account Number (if applicable)
11111111111 11 I
FO01-000DSG5350CA-01
DSG5350CA/595577 (Rev 04 -09/20)
PARCEL33 TE
EASEMENT DESCRIPTION
Exhibit A
(Temporary Easement)
OWNER: 6939 BAIRD LLC, 8411 BALBOA LLC, BARRY WALLMAN AND NAN CY WALLMAN
REVOCABLE TRUST, AND BMW HOLDINGS LLC
P .I.N. 03-118-21-12-0075
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1486787
A 4.80 foot temporary easement for construction purposes over, under, across and through the
following described property:
Tract A, Registered Land Survey No. 1192, Hennepin County , Minnesota
Said tempora1y easement lying easterly of and adjacent to a line run parallel with and distant 31 .00
feet easterly of line described as commencing at the no1ihwest corner of the Southeast Quaiier of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance
of 52 .09 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes
56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet along a tangential
curve concave to the southwest having a radius of 22940 .48 feet and a central O 1 degree 29 minutes
55 seconds; thence southeasterly 870.51 feet along a compound curve concave to the west having
a radius of2886.96 feet and a central angle of 17 degrees 16 minutes 35 seconds and said described
line there terminating.
Together with a 3.00 foot temporary easement for construction purposes over, under, across and
through that paii of said Tract A lying nmiherly of a line run parallel with and distant 200.00 feet
southerly of the most northerly line of said Tract A and it westerly prolongation. Said tempora1y
easement lying easterly of and adjacent to a line run parallel with and distant 35.80 feet easterly of
the above described line.
Said temporary easement to expire November 30, 2022.
PERMANENT
EASEMENT
FOR DRAINAGE &
UTILITY/SIDEWALK/TRAIL
PURPOSES
. t cf¼ THIS INDENTURE, Made this f U 'Tl day of __ O_C_Tc ____ ,20 u; by
6939 BAIRD LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 35.0522% TENANT IN
COMMON INTEREST, 8411 BALBOA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TO AN
UNDIVIDED 16.3252% TENANT IN COMMON INTEREST, BARRY WALLMAN and NANCY WALLMAN, AS
TRUSTEES OF THE BARRY AND NANCY WALLMAN REVOCABLE TRUST DATED DECEMBER 16, 1989, AS TO
AN UNDIVIDED 10.0356% TENANT IN COMMON INTEREST, and BMW HOLDINGS LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 38.5870% TENANT IN COMMON INTEREST,
GRANTOR, and Hennepin County, a body politic and corporate under the laws of the State of
Minnesota, together with all hereditaments and appurtenances belonging thereto (hereinafter
referred to as the "Grantee").
WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations, the Grantor hereby gives, grants, conveys and
relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives,
contractors and invitees, a permanent and perpetual Easement for the drainage and utility
purposes and other municipal utilities, reconstruction, operation, maintenance, inspection,
Page 1 of 6 Parcel 33
alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary
sewer, water, cable, electric and other municipal utilities, trails facilities and improvements upon,
over, under, across and through the following-described tract or parcel ofland located in Hennepin
County, Minnesota, and described as follows:
See attached Exhibit A
(The "Easement Area")
Grantor wanants and covenants that Grantor is the fee simple owner of the above-described
premises and has the lawful right and authority to convey and grant this Easement and will warrant
and defend title to the above-described premises against all claims.
This Easement includes the right of the Grantee, its contractors, agents, employees and
invitees to enter upon said premises at all reasonable times for the purposes of construction,
grading , sloping, restoration , and all purposes in furtherance thereof or related thereto, including
but not limited to the right to remove trees , shrubs or other vegetation and existing structures and
improvements in the Easement Area, as well as the right to deposit earthen materials within the
Easement Area, to move, store, and remove equipment and supplies, and to perform any other
work necessary and incident to Grantee 's project or to the continued operation of Grantee 's
improvements within the Easement Area or Grantee's use of this Easement.
Grantee shall have no responsibility for pre-existing environmental contamination or
liabilities.
To have and to hold the Easement and right of way unto the Grantee for the purposes
herein stated.
This Easement, and all covenants, terms, conditions, provisions and undertakings created
by this Easement are perpetual and will run with the land and will be binding upon Grantor's heirs,
successors and assigns.
Page 2 of 6 Parcel 33
d'~ 171
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this ____ day of
Der , 2o l0 •
GRANTORS
6939 BAIRD LL
Its : ----------------
STATE OF _______ )
) ss
COUNTY OF _______ )
The foregoing instrument was acknowledged before me th is __ day of _____ , 20_, by
the ------------------------------
0 f 6939 BAIRD LLC , A CALIFORNIA LIMITED LIABIL TY COMPANY, AS TO AN UNDIVIDED
35.0522% TENANT IN COMMON INTEREST, on behalf of the lim ited liability company, Grantors.
Notary Public
Page 3 of 6 Parcel 33
All-purpose Acknowledgment Californi a ■
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of _O_r_a_n_g_e __________________________________ _
On 10/26/2020
the officer),
b f Paul Mattox, Notary Public e ore me, ____________________ (here insert name and title of
personally appeared _B_a_r_ry_w_a_ll_m_a_n ____________________________ _
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
Signature ~~
/!
For Bank Purposes Only
WITNESS my hand
and official seal.
Description of Attached Document
dl ll ll l l l llllll l ll l llllll l llYDI I IIIIIL --: , PAUL MATTOX :
[ COMM. #2206157 z ~ ~ ~ NOTARY PUBLIC • CALI FORNIA ~
• ORANGE COUNTY ~
: My Commission Expires 07/20/2021 . 5
~1 1 1 1 11 11111111 1 11111 11 1 1 11111 1 111111~
Notary Seal
Type or Title of Document Permanent Easement For Drainage and Utility/Sidewalk/Trail Purposes
Document Date _1_0_12_6_/2_0_2_0 ___________ Number of Pages _6 ____________ _
Signer(s) Other Than Named Above ____________________________ _
Account Number (if applicable)
111111111111 11 1 1
F O0 1-000D SG 5 35 0 C A-01
DSG 5350CA/595577 (Rev 04 • 09/20)
IN WITNESS WHEREOF , the Granter has hereunto set Grantor's hand this :).,,(? i!/ day
&0,1 ') ,.,,
-----------' 20....0"'
STATE OF _______ )
) ss
COUNTY OF ______ _
GRANTORS
8411 BALBOA ~LG
Its : ----------------
of
The foregoing instrument was acknowledged before me this __ day of _____ , 20_, by
the ------------------------------
0 f 8411 BALBOA LLC, A CALIFORNIA LIMITED LIABILTY COMPANY, AS TO AN UNDIVIDED
16 .3252% TENANT IN COMMON INTEREST, on behalf of the limited liability company , Granters.
Notary Public
Page 4 of 6 Parcel 33
All-purpose Acknowledgment California
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
■
State of California
County of Orange --------------------------------------
On 10/26/2020
the officer),
before me, _P_a_u_l _M_a_t_to_x_,_N_o_t_ary_P_u_b_l_ic __________ (here insert name and title of
personally appeared _B_a_r_ry_W_a_l_lm_a_n ____________________________ _
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
Signature
WITNESS my hand
and official seal.
For Bank Purposes Only
Description of Attached Document
Notary Seal
Type or Title of Document Permanent Easement For Drainage and Utility/Sidewalk/Trail Purposes
Document Date _1_0_/2_6_/2_0_2_0 ____________ Number of Pages _6 ____________ _
Signer(s) Other Than Named Above ____________________________ _
Account Number (if applicable)
111111111111 1111
FO01-000DSG5350CA-01
DSG5350CN595577 (Rev 04 -09/20)
IN WITNESS WHEREOF, the Granter has hereunto set Grantor's hand this of
or;;r I 20 20 ,
STATE OF _______ )
) ss
COUNTY OF _______ )
GRANTORS
BARRY WALLMAN AND NANCY WALLMAN, AS
TRUSTEES OF THE BARRY AND NANCY WALLMAN
REVOCABLE TRUST DATED DECEMBER 16, 1989
Nancy Wallman, as Trustee
The foregoing instrument was acknowledged before me this __ day of ____ _ 20_,
BARRY WALLMAN AND NANCY WALLMAN AS TRUSTEES OF THE BARRY AND NANCY
WALLMAN REVOCABLE TRUST DATED DECEMBER 16, 1989, AS TO AN UNDIVIDED
10.0356% TENANT IN COMMON INTEREST, on behalf of the trust, Granters.
Notary Public
Page 5 of 6 Parcel 33
All-purpose Acknowledgment California ■
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of th 'at document.
State of California
County of _o_r_a_n_g_e __________________________________ _
On 10/26/2020
the officer),
before me, Paul Mattox, Notary Public
II d Barry Wallman and Nancy Wallman persona y appeare
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
Signature IJ >
For Bank Purposes Only
WITNESS my hand
and official seal.
Description of Attached Document
(here insert name and title of
~111111111111111111111111111111111111~ --PAUL MATTOX :
COMM. #2206157 z
f NOTARY PUBLIC -CALIFORNIA ~
ORANGE COUNTY ;;:,
: My Commission Expires 07/20/202 1 :
~11 111111 1111111111111111111111111111•
Notary Seal
Type or Title of Document Permanent Easement For Drainage and Utility/Sidewalk/Trail Purposes
Document Date _1_0_12_6_/2_0_2_0 ____________ Number of Pages _s ____________ _
Signer(s) Othe r Than Named Above ____________________________ _
Account Number (if applicable)
111111111111 1111
FO01-000DSG5350CA-01
DSG5350CN595577 (Rev 04 -09/20)
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this of
Ovt , 20 'W!
GRANTORS
BMW HOLDINGS ~1----
Its: ------------------
STATE OF ________ )
) ss
COUNTY OF ______ _
The foregoing instrument was acknowledged before me this __ day of ______ , 20_, by
the ----------------------------------
0 f BMW HOLDINGS LLC A CALIFORNIA LIMITED LIABILTY COMPANY, AS TO AN UNDIVIDED
38.5870% TENANT IN COMMON INTERST, on behalf of the limited liability company , Grantors .
This Instrument Drafted By :
SRF Consulting Group , Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard , Suite 100
M inneapolis , MN 55416-3791
Page 6 of 6
Notary Public
Return to :
Cindy Wiste
Senior Associate
SRF CON SULTING GR OUP, INC .
3701 Wayzata Boulevard , S uite 100
Minneapolis , MN 55416-3791
Parcel 33
All-purpose Acknowledgment Ca li for ni a ■
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of _O_r_a_n..;;;_g_e __________________________________ _
On 10/26/2020
the officer),
before me, _P_a_u_l _M_a_t_to_x_,_N_o_t_ary_P_u_b_l_ic __________ (here insert name and title of
personally appeared _B_a_r_ry_w_a_l _lm_a_n ____________________________ _
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/the ir authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand
and official seal.
For Bank Purpo ses Only
Description of Attached Document
~••111111111111 1 1a1a 11 11111ou11 1 1111iL = ••' ''.,., '• PAUL MATT'O X :
ii: f.. COMM . #220615 7 ~ ~ ~ ~ NOTARY PUBLIC -CALIFORNI A ~
: ORAN GE CO UN TY ~
: My Commi ssio n Expi res 07/20/2021 :·
~-····································
Notary Seal
Type or Title of Document Permanent Easement For Drainage and Utility/Sidewalk/Trail Purposes
Document Date _1_0_/2_6_/2_0_2_0 ____________ Number of Pages _6 ____________ _
Signer(s) Other Than Named Above ___________________________ _
Account Number (if applicable)
111111111111 1111
F O 0 1 -00 0 D SG 5 3 50 C A-01
DSG5350CA/595 577 (Re v 04 -09/20)
PARCEL33 PE
EASEMENT DESCRIPTION
Exhibit A
(Permanent Easement)
OWNER: 6939 BAIRD LLC, 8411 BALBOA LLC, BARRY WALLMAN AND NANCY WALLMAN
REVOCABLE TRUST, AND BMW HOLDINGS LLC
P.I.N. 03-118-21-12-0075
PROPERTY D ESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1486787
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Tract A, Registered Land Survey No. 1192, Hennepin County, Minnesota
Said perpetual easement being that part of said Tract A lying westerly of a line run parallel with
and distant 31.00 feet easterly of line described as commencing at the northwest corner of the
Southeast Quarter of Section 34, Township 119, Range 21 , Hennepin County, Minnesota; thence
South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said
Southeast Quarter a distance of 52 .09 feet to the point of beginning of said described line; thence
South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly
600.01 feet along a tangential curve concave to the southwest having a radius of22940.48 feet and
a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound
curve concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16
minutes 35 seconds and said described line there terminating.
Parcel No:
Fee Owners:
36
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
DUOOS BROS. AMERICAN LEGION POST 630 HOUSING CORPORATION
2.J ~ Onthis ____ dayof OC n>&cJL 20cX0, DUOOS BROS. AMERICAN
LEGION POST 630 HOUSING CORPORATION, a Minnesota corporation Owners of the above
described parcel of property located in County of Hennepin, State of Minnesota, did execute and
deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center.
This agreement is now made and entered as a Memorandum of all the terms, and the only te1ms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the paiiies that:
1. The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a suminaiy statement of the basis for the estimate. The Owners
understand that the acquired prope1iy is for use in connection with the construction of the
Brooklyn Boulevai·d (Hennepin County Road 152) Phase II Improvements Project.
2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect,
present or contemplated future personal interest in the prope1iy or in any benefits from the
acquisition of the prope1iy.
3. That in full compensation for the conveyance of said property, the City of Brooklyn Center
shall pay the Owners the sum of$ /c)/ 0 <> J for land and damages. Owners
understand that payment by the City of Brooklyn Center must await approval of title and
processing of a voucher.
4. Additionally:
It is understood and agreed that the entire agreement of the parties is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
parties.
Owner(s)
DUOOS BROS. AMERICAN LEGION
POST 630 HOUSING CORPORATION
;
By . ........,,.. __ __, _______ _
Its:~
City of Brooklyn Center
By: ___________ _
Its: --------------
r
t-
SRF No. 11765-D0290
ADMINISTRATIVE SETTLEMENT MEMORANDUM
Date: December 18, 2020
To: Mike Albers
Project Engineer
From: Cindy Wiste, Senior Associate
SUBJECT: BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
PROPERTY ADDRESS: 6110 Brooklyn Boulevard
PARCELNO.: 36
The certified offer was made on September 23, 2020 in the amount of $6,000.00. The
acquisition consists of 1,776 square feet of temporary construction easement. The owners are
asking for additional compensation for business impacts due to construction and the
construction of the median in Brooklyn Boulevard. They are asking for an additional
$4,000.00.
In lieu of additional costs foreseeable in condemnation, we are recommending settlement in
the amount of $10,000.00.
Description of administrative adjustments:
Adjusted value for business impacts
APPROVAL:
By: __________ _
Its: --------------
Certified value:
Total Adjustments:
SETTLEMENT TOTAL:
Date
$6,000.00
$4,000.00
$4,000.00
$10,000.00
------------
September 23, 2020
DUOOS BROS. AMERICAN LEGION POST
630 HOUSING CORPORATION
Attn: Brian Pratt
6110 Brooklyn Boulevard
Brooklyn Center, MN 55429
SUBJECT: OFFER TO ACQUIRE
Dear Brian:
BROOKLYN BOULEVARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
PROPERTY ADDRESS: 6110 BROOKLYN BOULEVARD
PARCELNO.: 36
SRF No. 11765-D0290
As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of
way for the above referenced project. This letter constitutes the City's fo1mal offer for the
purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who
may have an interest in the real estate to be acquired the sum of $6,000.00, which has been
dete1mined to be just compensation for such property and rights based upon the fair market value
of the property. Attached to this letter is a Value Calculation setting out the basis for this
determination.
This offer is made pursuant to the Market Value Appraisal procedures provided for under
Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you
with a copy of "Acquisition Information for Property Owners" brochure.
You will have a reasonable length of time to consider the offer. To aid in your decision you may
wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to
exceed $5,000.00 for the actual costs of an appraisal of property acquired by direct purchase.
If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon
satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable·
agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent
domain proceeding.
Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has
been made to you and verification that the "Acquisition Information for Property Owners"
brochure has been received by you. Your signature below does not prejudice your right to have
the final amount dete1mined through eminent domain proceedings in the event you do not accept
the offer.
«Full _Legal_ N arne _ 1 » -2 -Parcel «Parcel No»
On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your
cooperation and assistance, and we look forward to working with you toward a mutually
satisfact01y completion of the acquisition process.
Sincerely,
SRF CONSULTING GROUP, INC.
~~
Matthew Marsh
Right of Way Specialist
Attachments
ACKNOWLEDGMENT OF RECEIPT OF OFFER
>T I CERTIFY THAT on 2,/ ,.--day of Oc:N(S€IL , 20 J-v, this Offer to Acquire
and Value Calculation was received by me from the above Right of Way Specialist; I also
acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's
rights, privileges and obligations.
DUOOS BROS. AMERICAN LEGION POST
630 HOUSING CORPORATION
Its:~
t-
SRF No. 11765.D0290
VALUE CALCULATION
THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY
BROOKLYN BOULEVARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Parcel No.: 36
Fee Owners: DUOOS BROS. AMERICAN LEGION POST 630 HOUSING
CORPORATION
Legal Description of property to be acquired:
See Attached Exhibit A
ACQUISITION INFORMATION
Temporary Construction Easement:
Land Value Before Taking
Land Value After Taking
Temporary Easement
Indicated Damages
TOTAL (rounded)
1,776 square feet
VALUATION
= $379,200.00
= $373,200.00
= $ 3,559.00
=$ 2,400.00
= $ 6,000.00
0 25 so
L...--..M-j SCALEIN FEET
DRAFT
SUBJECT TO C HANGE
6110
I I
PARCEL #36
C
I
I
! __ __,__------
en
~1---___ P_I_D _____________ A_D_D_R_E_S_S _________ --t PARCEL LINE '
in 34-11-921-43-0042 6110BROOKLYNBOULEVARD EXISTINGR/W -------
~ EXISTING D&U, SIT EASE [SQ .FT] TE [SQ .FT] ~:~;1~:s:E ===-----_---:=_-_-
a PARCEL PROPOSED o&u --------
g · AREA SQ.FT CONST LIMITS ----------~ ---~-------------------TREE REMOVAL X
2 ui 31600 0 1776 TREE W/IN TEMP EASE Q
~001------------'-BR_O_O_K_LY_N_BO_U_L_E-VA~R-D ___ P_H_A-SE_2 ___ _._ ___ ~------'---'--'-'-'=...c..;.'-"-'--'-D=A~T~E-'=-~P~A~R-C-E--tl ;~:r:i· .... _________ S_P_1_09_-0_2_0-_01_4 ___ ~-----~ t~ I 3 6
,,,_ CITY OF BROOKLYN CENTER 2021-05 7/9/2020 ....__ ______ ___.___ __ ....._____....____..______.~
Appraisal Receipt and Disclosure
Project Name : Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project
County : Hennepin
Property Address : 6110 Brooklyn Boulevard, Parcel No: 36 ---
Owner(s): DUOOS BROS . AMERICAN LEGION POST 630 HOUSING CORPORATION
Minnesota law requires that governmental agencies acquiring property for public highways and other purposes
provide the affected property owner with a fo1mal offer to purchase the necessaiy rights, a description of the
basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation.
Accordingly, enclosed is a copy of the . appraisal(s) for the above property prepai·ed by DKJ Appraisal, LLC,
dated July 14, 2020.
Minnesota law also provides that the owner of the affected property may acquire his/her own independent
appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of
the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential
property and minimum damage acquisition, and up to a maximum of $5 ,000 for other types of property. In
order to be entitled to reimbursement, the owner must comply with the following:
1. The owner's appraisal must be prepai·ed by a qualified appraiser who is licensed under Minnesota appraisal
licensing laws .
2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisa1 and the
paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the
acquiring authority may pay the reimbursement directly to the appraiser.)
If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you
with two copies of his/her appraisal report.
Please feel free to contact the undersigned agent with any questions you might have. Thank you for your
cooperation. .,,~
Appraisal received this _c.--__ day of O C-~~C/L , 20 Z cJ
Owner(s):
DUOOS BROS. AMERICAN LEGION
POST 630 HOUSING CORPORATION
By:~~
Its :~
SRF Consulting Group Inc.
Contact: Matthew Marsh ---------------
Address: _3~7~0 ~1 ~W~a-'---'-y~z=at=a~B~l~v~d,~S~u~i~te~l~0~0 ___ _
Minneapolis, MN 55416
Phone: 763-249-6703 ----------------
TEMPORARY CONSTRUCTION EASEMENT GRANT
THIS EASEMENT GRANT is made by DUOOS BROS. AMERICAN LEGION POST 630
HOUSING CORPORATION, a Minnesota corporation, (hereinafter referred to as the "Grantor'')
in favor of and to the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter
referred to as the "Grantee").
The following recitals of fact are a material part of this instrument:
A. The Granter is the owner of a tract of land described as follows (hereinafter referred
to as the "Parcel"):
B. The Granter wishes to grant and convey to Grantee a temporary construction
easement over, under, and across those parts of the Parcel described as follows (hereinafter
referred to as the "Temporary Construction Easement"):
See attached Exhibit A
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the following grants, agreements, and covenants and restrictions are
made:
1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Granter hereby
grants to the Grantee, for its successors and assigns, the Temporary Construction Easement
over, under, and across the Parcel.
2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction
purposes includ i ng, but not limited to, the right to trim and cut such vegetation within the Easement
Area as needed to reasonably accommodate the construction activities and the right to use the
Easement Area to stage, operate, and store equipment as needed to complete the construction
activities . Displacing soil and grading, are permissible over, under, and across the Temporary
Construction Easement premises .
3 . TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary
Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022,
and any and all right, title, interest, lien or right of possession to the Temporary Construction
Easement premises shall thereupon automatically terminate and be of no further legal effect or
validity.
Page 1 of3 Parcel 36
4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES.
As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion
of construction and prior to termination, restore the ground surface of the Temporary Construction
Easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
5. WARRANTIES OF TITLE. Granter warrants and guarantees that Grantor has
good and indefeasible fee simple title to the Parcel and Grantor warrants and guarantees that
Grantor has the full authority to grant the Temporary Construction Easement provided herein, free
and clear of all other claims.
6. RUNNING OF BENEFITS AND BURDENS. All prov1s1ons of this instrument,
including the benefits and burdens, run with the Parcel and are binding upon and inure to the
heirs, assigns, successors, tenants and personal representatives of the parties hereto.
7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any
costs, expenses, damages, demands, obligations, including penalties and reasonable
attorney's fees, or losses resulting from any claims, actions , suits or proceedings based upon
a release or threat of release of any hazardous substances, pollutants, or contaminants that
may have existed on, or that relate to, the Easement Area or Property prior to the date of this
instrument. ·
P age 2 of3 Par cel 36
"? I lI IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this_'---___ day of
000.~ 2020 --------------' -
STATE OF /J7 1,1/4:/E ...::t1J 7' /I
COUNTY OF /-( E/1/4/ Et? I /lj
'
)
) ss
)
GRANTORS
DUOOS BROS. AMERICAN LEGION POST 630 ·
HOUSING CORPORATION
lts:/i?
The fore~oing instrume~t was acknowledged before me this _c2J_ day of O(!,;ti:u:J L.:-,~ 20~,---o
by .J1d! I It /J 'fd..11 T , the t0 t2E1€rrr10 /!J S ll2 ,4 n.) //-G-G /<. I
of DUOOS BROS . AMERICAN LEGION POST 630 HOUSING CORPORATION, a Minnesota
corporation, Grantors .
This Instrument Drafted By:
JAY H HRUSKA
Notary Publfc
Minnesota
My Commission Expires
Jan 31, 2025
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of3
Return to :
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP, INC .
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55_416-3 791
Parcel 36
r
PARCEL 36 TE
EASEMENT DESCRIPTION
Exhibit A
(Tempora1y Easement)
OWNER: Duoos BROS. AMERICAN LEGION POST 630 HOUSING CORPORATION
P.I.N. 34-119-21-43-0042
PROPERTY DESCRIPTION AND .OWNER ACCORDING To LANDTITLE PROPERTY REPORT, No. 606822
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Lot 2, Block 1, P.B.C. FIRST ADDITION.
Said temporary easement being that part of said Lot 2 lying westerly of a 'line run parallel with and
distant 44.00 feet easterly ofline described as commencing at the n01ihwest comer of the Southeast
Quaiier of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03
degrees 45 minutes 23 seconds East, assumed beai'ing, along the west line of said Southeast
Quarter a distance of 52.09 feet to the point of beginning of said described line; thence South 23
degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet
along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central
01 degree 29 minutes 55 seconds; thence southeasterly 870.51 feet along a compound curve
concave to the west having a radius of 2886.96 feet and a central angle of 17 degrees 16 minutes
35 seconds and said described line there te1minating.
Said tempora1y easement to expire November 30, 2022.
Parcel No:
Fee Owners:
MEMORANDUM OF AGREEMENT
Brooklyn Boulevard (Hennepin County Road 152)
Phase II Improvements Project
40
Hayder Albatushi and Uroba Albatushi
On this 13 day of J./o w,bQt.---'2obl 0 ' Hayder Albatushi and Uroba
Albatushi, husband and wife, as joint tenants, Owners of the above described parcel of property
located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the
aforesaid real estate to the City of Brooklyn Center and Hennepin County.
This agreement is now made and entered as a Memorandum of all the te1ms, and the only terms,
agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon
between the parties that:
1. The Owners have been furnished with the approved estimate of just compensation for the
property acquired and a summary statement of the basis for the estimate. The Owners
understand that the acquired property is for use in connection with the construction of the
Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project.
2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect,
present or contemplated future personal interest in the property or in any benefits from the
acquisition of the prope1iy.
3. That in full compensation for the conveyance of said property, the City of Brooklyn Center
shall pay the Owners the sum of$ ·75 DO I tJ O for land and damages. Owners
understand that payment by the City of Brooklyn Center must await approval of title and
processing of a voucher.
4. Additionally:
It is understood and agreed that the entire agreement of the paiiies is contained in this Memorandum
of Agreement and that this Agreement supersedes all oral agreements and negotiations between the
paiiies.
Owner(s) The City of Brooklyn Center
By: _____________ _
Hayder Albatushi
u t>-o ,ea AlB1-l-1-'¼. u-'t ·-, Its: --------------
Uroba Albatushi
SRF No. 11765-D0290
ADMINISTRATNE SETTLEMENT MEMORANDUM
Date: December 28, 2020
To: Mike Albers
Project Engineer
From: Cindy Wiste, Senior Associate
SUBJECT: BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
PROPERTY ADDRESS: 6200 Brooklyn Boulevard
PARCEL No.: 40
The certified offer was made on September 30, 2020 in the amount of $6,000.00. The
acquisition consists of 912 square feet of temporary construction easement and 651 square
feet of permanent drainage and utility easement. The owners are asking for additional
compensation in the amount of $1,500.00.
In lieu of additional costs foreseeable in condemnation, we are recommending settlement in
the amount of $1,500.00
Certified value: $6,000.00
Description of administrative adjustments:
Requested additional easement compensation: $ 1,500.00
Total Adjustments: $1,500.00
SETTLEMENT TOTAL: $ 7,500.00
APPROVAL:
By: __________ _
Date ------------
Its: ·--------------
September 30, 2020
Hayder Albatushi
Uroba Albatushi
4918 63rd Avenue No1ih
Brooklyn Center, MN 55429
SUBJECT: OFFER TO ACQUIRE
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
PROPERTY ADDRESS: 6200 BROOKLYN BOULEVARD
PARCEL No.: 40
Dear Hayder and Uroba:
SRF No. 11765-D0290
As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of
way for the above referenced project. This letter constitutes the City's formal offer for the
purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who
may have an interest in the real estate to be acquired the sum of $6,000.00, which has been
determined to be just compensati~n for suc_h property and right~ based ~pon the fair m~rket v~~e -S
of the prope1iy. Attached to this letter is a Value Calculatzon settmg out the basis for t is
determination.
This offer is made pursuant to the Market Value Appraisal procedures provided for under
Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you
with a copy of "Acquisition Information for Property Owners" brochure.
You will have a reasonable length of time to consider the offer. To aid in your decision you may
wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to
exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase.
If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon
satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable
agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent
domain proceeding.
Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has
been made to you and verification that the "Acquisition Information for Property Owners"
brochure has been received by you. Your signature below does not prejudice your right to have
the final amount determined through eminent domain proceedings in the event you do not accept
the offer.
Hayder Albatushi and Uroba Albatushi -2 -Parcel 40
On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your
cooperation and assistance and we look forward to working with you toward a mutually
satisfactory completion of the acquisition process.
Sincerely ,
SRF CONSULTING GROUP , INC .
Matthew Marsh
Right of Way Specialist
Attachments
ACKNOWLEDGMENT OF RECEIPT OF OFFER
I CERTIFY THAT on I 3 day of t--f CJ \J e-,1 , lo e 1,...-, 20 'J.b , this Offer to Acquire
and Value Calculation was received by me from the above Right of Way Specialist; I also
acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's
rights, privileges and obligations.
/l w-//-v-Al (3 c;rft~ U -l 'J -J e,
Hayder Albatushi
L) 11-~)3 A A ~ f3>/4L"--11~13 'Jo
Uroba Albatushi
SRF No. 11765.D0290
VALUE CALCULATION
THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY
BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152)
PHASE II IMPROVEMENTS PROJECT
Parcel No.: 40
Fee Owners: Hayder Albatushi and Uroba Albatushi
Legal Description of property to be acquired:
See Attached Exhibit A
ACQUISITION INFORMATION
Drainage and Utility Easement:
Temporary Construction Easement:
Land Value Before Taking
Land Value After Taking
Drainage and Utility Easement
Temporary Easement
Indicated Damages
Severance Damage
TOTAL (rounded)
651 square feet
912 square feet
VALUATION
= $190,000.00
= $184,000.00
= $ 944.00
=$ 1,281.00
=$ 1,800.00
= $ 1,891.00
= $ 6,000.00
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a PARCEL --PROPOSED o&u --------g AREA SQ.FT CONST LIMITS ----------~ 1----~--~-+-------------------1 TREE REMOVAL X
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Appraisal Receipt and Disclosure
Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project
County : Hennepin
Property Address 6200 Brooklyn Boulevard Parcel No : 40 ~--
Owner(s): Hayder Albatushi and Uroba Albatushi
Minnesota law requires that governmental agencies acquiring property for public highways and other purposes
provide the affected property owner with a formal offer to purchase the necessaiy rights, a description of the
basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just comp ensation.
Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC,
dated July 13, 2020.
M innesota law also provides that the owner of the affected property may acquire his/her own independent
appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of
the appraisal fee incuned by the owner up to a maximum of $1,500 for single family and two-family residential
property and minimum damage acquisition, and up to a maximum of $5,000 for other types of prope1iy. In
order to be entitled to reimbursement, the owner must comply with the following :
1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal
licensing laws.
2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the
paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the
acquiring authority may pay the reimbursement directly to the appraiser.)
If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you
with two copies of his/her appraisal report.
Please feel free to contact the undersigned agent with any questions you might have . Thank you for your
cooperation.
Appraisal received this -'--=''----day of fJ O V' e.., W1 b-"t--
Owner(s):
flu '1 vl. fl L ~t~ l/ ,!J ~).1
Hayder Albatushi
u (J. ~0 ;,i ,A l B11 -ru.-.11'1~,,k
Uroba Albatushi
SRF Consulting Group Inc.
Contact: Matthew Marsh
Address: 3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416
Phone: 763-249-6703
PERMANENT
EASEMENT
FOR DRAINAGE &
UTILITY /SIDEWALK/TRAIL
PURPOSES
THIS INDENTURE, Made this __,/c-.'3,,,___ __ day of !Jot/ )1'J j)Gli----, 20 ~1' by
Hayder Albatushi and Uroba Albatushi, husband and wife, as joint tenants, GRANTOR, and
Hennepin County, a body politic and corporate under the laws of the State of Minnesota,
together with all hereditaments and appurtenances belonging thereto (hereinafter referred to
as the "Grantee").
WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations, the Grantor hereby gives, grants, conveys and
relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives,
contractors and invitees, a permanent and perpetual Easement for the drainage and utility
purposes and other municipal utilities, reconstruction, operation, maintenance, inspection,
alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary
sewer, water, cable, electric and other municipal utilities, trails facilities and improvements
upon, over, under, across and through the following -described tract or parcel of land located in
Hennepin County, Minnesota, and described as follows:
See attached Exhibit A
(The "Easement Area")
Page 1 of 3 Parcel 40
Grantor wairnnts and covenants that Grantor is the fee simple owner of the above-
described premises and has the lawful right and authority to convey and grant this Easement
and will wan-ant and defend title to the above-described premises against all claims.
This Easement includes the right of the Grantee, its contractors, agents, employees and
invitees to enter upon said premises at all reasonable times for the purposes of construction,
grading, sloping, restoration, and all purposes in fmiherance thereof or related thereto, including
but not limited to the right to remove trees, shrubs or other vegetation and existing structmes
and improvements in the Easement Area, as well as the right to deposit eaiihen materials within
the Easement Area, to move, store, and remove equipment and supplies, and to perform any
other work necessary and incident to Grantee's project or to the continued operation of Grantee's
improvements within the Easement Area or Grantee's use of this Easement.
Grantee shall have no responsibility for pre-existing environmental contamination or
liabilities.
To have and to hold the Easement and right of way unto the Grantee for the purposes
herein stated.
This Easement, and all covenants, terms , conditions, provisions and undertakings created
by this Easement are perpetual and will run with the land and will be binding upon Grantor's
heirs, successors and assigns.
Page 2 of 3 Parcel 40
IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day
and year first above written.
WITNESS, The hand of the GRANTOR:
STATE OF 0) \\, f\ ~ S.o ~C\_
COUNTY OF j-\_"::'.V\ \,e p\ \'\
)
) ss
)
Hayder Albatushi
Uroba Albatushi
The foregoing instrument was acknowledged before me this ~ day of
J>I OJ e.~ ~ e.'( , 20 2-.. U by Hayder Albatushi and Uroba Albatushi, husband and wife,
as joint tenants, Grantor.
This Instrument Drafted By:
SRF Consulting Group , Inc. as Agent for
th'e City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of 3
Notary Public ·
County of }-\ e. V"\.f\, ,Q_ ~ \V\
State of \Y\\ \f\. "'-e S d \e)-.,
My Commission Expires: _ \ :---\ \-s \ d-OJ-)
Return to :
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP, INC.
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Parcel 40
PARCEL40PE
EASEMENT DESCRIPTION
OWNER: HA YDER ALBATUSHI
P.I.N. 34-119-21-43-0030
Exhibit A
(Permanent Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1461491
A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and
through part of the following described property:
Lot 3, except that part thereof; which lies southwesterly of a line run parallel with and
distant 42 feet northeasterly of the following described line: From a point on the North
line of Section 3, Township 118, Range 21, distant 1741.08 feet west of the Nmiheast
corner thereof, run southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds with
said N01ih Section line for 104.53 feet; thence deflect to the right at an angle of 17 degrees,
20 minutes, 35.2 seconds, for 536.92 feet to the point of beginning of the line to be
described; thence run northwesterly along the last described course for 100 feet; thence
deflect to the left of a 2 degree 00 minutes curve ( delta angle 17 degrees, 20 minutes, 3 5 .2
seconds) for 867 .16 feet; thence deflect to the left of a O degree, 15 minute curve ( delta
angle 1 degree 29 minutes 54.8 seconds) for 599.42 feet and there terminating: and except
a triangular piece adjoining and northeasterly of the above described line and southwesterly
of the following described line: Beginning at a point on the above described line distant
20 feet northwesterly of its intersection with the Southerly line of said Lot 3; thence run
southeasterly to a point on a said Southerly line distant 20 feet easterly of said intersection:
Block 2, "LA WNRIDGE", Hennepin County, Minnesota.
Said perpetual easement being that part of said described property lying westerly of a line run
parallel with and distant 31.00 feet easterly of line described as commencing at the northwest
corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County,
Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west
line of said Southeast Quarter a distance of 52.09 feet to the point of beginning of said described
line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence
southeasterly 600.01 feet along a tangential curve concave to the southwest having a radius of
22940.48 feet and a central 01 degree 29 minutes 55 seconds and said described line there
te1minating.
TEMPORARY CONSTRUCTION EASEMENT GRANT
THIS EASEMENT GRANT is made by Hayder Albatushi and Uroba Albatushi, husband
and wife, as joint tenants, (hereinafter referred to as the "Grantor") in favor of and to the City of
Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee").
The following recitals of fact are a material part of this instrument:
A. The Grantor is the owner of a tract of land described as follows (hereinafter referred
to as the "Parcel"):
B. The Grantor wishes to grant and convey to Grantee a temporary construction
easement over, under, and across those parts of the Parcel described as follows (hereinafter
referred to as the "Temporary Construction Easement"):
See attached Exhibit A
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the following grants, agreements, and covenants and restrictions are
made :
1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby
grants to the Grantee, for its successors and assigns, the Temporary Construction Easement
over, under, and across the Parcel.
2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction
purposes including, but not limited to, the right to trim and cut such vegetation within the Easement
Area as needed to reasonably accommodate the construction activities and the right to use the
Easement Area to stage, operate, and store equipment as needed to complete the construction
activities. Displacing soil and grading, are permissible over, under, and across the Temporary
Construction Easement premises.
3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary
Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022,
and any and all right, title, interest, lien or right of possession to the Temporary Construction
Easement premises shall thereupon automatically terminate and be of no further legal effect or·
validity.
Page 1 of3 Parcel 40
4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES.
As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion
of construction and prior to termination, restore the ground surface of the Temporary Construction
Easement premises to its original condition so far as is reasonably practicable with the exception
of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of
earth, other materials, trees and other vegetation.
5. WARRANTIES OF TITLE. Granter warrants and guarantees that Granter has
good and indefeasible fee simple title to the Parcel and Granter warrants and guarantees that
Granter has the full authority to grant the Temporary Construction Easement provided herein, free
and clear of all other claims .
6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument,
including the benefits and burdens, run with the Parcel and are binding upon and inure to the
heirs, assigns, successors, tenants and personal representatives of the parties hereto.
7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any
costs, expenses, damages, demands, obligations, including penalties and reasonable
attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon
a release or threat of release of any hazardous substances, pollutants, or contaminants that
may have existed on, or that relate to, the Easement Area or Property prior to the date of this
instrument.
Page 2 of3 Parcel 40
IN WITNESS WHEREOF, the Granter has hereunto set Grantor's hand this __ \_S __ day of
NowN,k e 'E: , 20 2:-0
STATE OF ('{\~\/\\'\{)S c \°'-
COUNTY OF ~\€.~\'\.--e__ elv\
)
) ss
)
Hayder Albatushi
Uroba Albatushi
The foregoing instrument was acknowledged before me this _____s_ day of Nb\Je sv:Jr s-20 ?;CJ
by Hayder Albatushi and Uroba Albatushi, husband and wife, as joint tenants, Granter.
This Instrument Drafted By :
SRF Consulting Group, Inc. as Agent for
the City of Brooklyn Center, MN
3701 Wayzata Boulevard, Suite 100
Minneapolis, MN 55416-3791
Page 3 of3
Naushad Karim
-
_ __,__..,....,.__,_..mN-OmT-A•RY-PU_B_L_IC_-6-1~\3)~~0iVv'\~O MINNESOTA
CommLo,s!on Expires Jan-31, 2025
Notary Public
Return to :
Cindy Wiste
Senior Associate
SRF CONSULTING GROUP, INC .
3701 Wayzata Boulevard , Suite 100
Minneapolis, MN 55416-3791
Parcel 40
PARCEL40TE
EASEMENT DESCRIPTION
OWNER: HA YDER ALBA TUSHI
P.I.N. 34-119-21-43-0030
Exhibit A
(Temporary Easement)
PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1461491
A temporary easement for construction purposes over, under, across and through part of the
following described property:
Lot 3, except that part thereof; which lies southwesterly of a line run parallel with and
distant 42 feet northeasterly of the following described line: From a point on the North
line of Section 3, Township 118, Range 21, distant 1741.08 feet west of the Northeast
comer thereof, run southeasterly at an angle of 68 degrees, 01 minutes, 52.3 seconds with
said North Section line for 104.53 feet; thence deflect to the right at an angle of 17 degrees,
20 minutes, 35.2 seconds, for 536.92 feet to the point of beginning of the line to be
described; thence run northwesterly along the last described course for 100 feet; thence
deflect to the left of a 2 degree 00 minutes curve ( delta angle 17 degrees, 20 minutes, 3 5 .2
seconds) for 867 .16 feet; thence deflect to the left of a O degree, 15 minute curve ( delta
angle 1 degree 29 minutes 54.8 seconds) for 599.42 feet and there terminating: and except
a triangular piece adjoining and northeasterly of the above described line and southwesterly
of the following described line: Beginning at a point on the above described line distant
20 feet northwesterly of its intersection with the Southerly line of said Lot 3; thence run
southeasterly to a point on a said Southerly line distant 20 feet easterly of said intersection:
Block 2, "LA WNRIDGE", Hennepin County, Minnesota.
Said temporary easement is being that part of said described property lying westerly of the East
88.00 feet of said Lot 3 and lying easterly of a line run parallel with and distant 31 .00 feet
easterly ofline described as commencing at the northwest comer of the Southeast Quaiier of
Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45
minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a
distance of 52.09 feet to the point of beginning of said described line; thence South 23 degrees
48 minutes 56 seconds East a distance of 1850 .54 feet; thence southeasterly 600.01 feet along a
tangential curve concave to the southwest having a radius of 22940.48 feet and a central 01
degree 29 minutes 55 seconds and said described line there te1minating.
Said temporary easement to expire November 30, 2020.
C ouncil R egular M eeng
DAT E:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:M eg Beekmen, C ommunity D evelopment D irector
S U B J E C T:Res olu*on A pproving the A dop*on of a Fair H ousing Policy
B ackground:
At the March 9, 2020, C ity C ouncil mee*ng, the C ity C ouncil held a dis cus s ion regarding various housing
policy ac*ons. At that mee*ng numerous hous ing related efforts w ere discussed, and a work plan
developed. A s part of the w ork plan, adop*on of a fair housing policy was dis cus s ed and the C ity C ouncil
directed staff to work with the H ousing Commission to dra3 a fair hous ing policy.
A fair hous ing policy is required for ci*es to par*cipate in the M etropolitan C ouncil's livable communi*es
account, w hich offers grant programs that s upport development projects. The policy outlines a city's
pos i*on on fair housing and iden*fies how fair hous ing resources are gathered and dis s eminated. I t also
outlines the proces s for how the city will addres s fir housing complaints .
The H ous ing C ommis s ion has met over s everal months on mul*ple occas ion w orking to create a Fair
H ousing Policy.
The C ommis s ion ini*ally reviewed numerous vers ions of Fair H ous ing Policies throughout
Minnes ota. The commission ini*ally determined to dra3 a Fair H ous ing Policy that incorporated
many of the func*ons from Bloomington and Richfield's policy.
The H ous ing C ommis s ion dis cus s ed the dra3 ordinance with a:orney Robert A lsop, w ith Kennedy
and G raven.
The general feedback w ith the dra3 policy w as well w ri:en and covered the common items
address in a fair hous ing policy.
Feedback was requested from mul*ple agency's such as A C E R, H ous ing J us *ce Center, H omeline,
etc. Feedback from H omeline was received and review ed by the H ous ing C ommis s ion.
F urther, the H ous ing C ommis s ion review ed and dis cus s online content rela*ng to Fair H ousing. W ith
the review of the H ousing Commission a page has already been created and publis hed on the
City's w ebpage.
O verview of D ra3 Housing Policy:
S taff training on fair housing s tate and federal law s including the complaint and referral process.
I n person or online informa*on provided by the city for numerous fair housing res ources
The adop*on of certain policies that s upport fair housing prac*ces
I ncludes requirement for the internal review of ordinances and city func*ons rela*ng to fair hous ing
O utlines expecta*ons for community engagement
A ffirms furthering fair housing
Most of the ac*ons iden*fied in the Fair H ous ing Policy are ac*vi*es that the city has already been doing;
how ever, the policy serves to gather informa*on, res ources and the city's obliga*ons in one place. The dra3
Fair H ous ing Policy is a:ached.
At the November 9th, C ity C ouncil mee*ng, the C ity C ouncil review ed the dra3 of the fair housing policy.
The C ouncil requested to view the feedback from H omeline. They also reques ted another a:empt to obtain
feedback from A C E R and the H ousing Jus*ce C enter.
The feedback from H omeline, Kennedy and G raven, A C E R, and H ousing Jus*ce C enter is a:ached. The
policy has been updated based on the feedback received. Feedback w as als o requested from D r. L ewis and
D r. G oetz and a dra3 of the fair hous ing policy w as sent immediately follow ing the hous ing work ses s ion
dis cus s ion. H ow ever, no feedback has been received.
S trategic Priories and Values:
Resident Economic S tability
AT TA C H M E N TS :
D escrip*on U pload D ate Type
Res olu*on 12/31/2020 Resolu*on Le:er
Fair H ousing Policy 1/5/2021 Backup M aterial
H omeline Feedback 11/17/2020 Backup M aterial
C ity A:orney Feedback 11/17/2020 Backup M aterial
A C E R Feedback 12/31/2020 Backup M aterial
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO. _______________
A RESOLUTION APPROVING THE ADOPTION OF A FAIR HOUSING
POLICY
WHEREAS, the Federal Fair Housing Act (FHA) prohibits discrimination in
housing because of a person’s race/color, sex, national origin, religion, familial status, or disability;
and
WHEREAS, the City is obligated to comply with the FHA and not discriminate in
housing on the basis of someone’s protected class and to not adopt programs and policies that
cause a disparate impact on a protected class; and
WHEREAS, the City is committed to fair housing and wants to ensure it is
effectively serving its citizens that have fair housing concerns; and
WHEREAS, the City believes that adoption of a local policy will assist the City in
serving its citizens regarding fair housing and achieving its housing goals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The Fair Housing Policy is hereby approved and adopted.
2. City staff is authorized to carry out the policy effective immediately.
January 11, 2021
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.
City of Brooklyn Center
Housing and Redevelopment Authority
Fair Housing Policy
1. Purpose/Vision
Title VIII of the Civil Rights Act establishes federal policy for providing fair housing throughout
the United States. The intent of Title VIII is to ensure equal housing opportunities for all citizens.
Furthermore, the City of Brooklyn Center, as a recipient of federal funds, is obligated to certify
that it will affirmatively further fair housing.
The City of Brooklyn Center strives to advance its commitment to inclusion and equity by
developing this Fair Housing Policy to further the goal of creating a community where all
residents will thrive.
2. Fair Housing Policy Statement
It is the policy and commitment of the City of Brooklyn Center to ensure that fair and equal
housing opportunities are available to all persons in all housing opportunities and development
activities funded by the city regardless of race, color, religion, gender identity, sexual
orientation, marital status, status with regard to public assistances, familial status, national
origin, citizenship status, or disability. This is done through meaningful access to fair housing
information and referral services for all constituents and through internal practices and
procedures that promote fair housing throughout the community.
3. General Practices
The City of Brooklyn Center commits to the following steps to promote awareness and
competency of fair housing issues in all of its government functions.
a. Intake and Referral
The City of Brooklyn Center has designated the Multi-Family Housing Specialist as the
responsible authority for the intake and referral of all fair housing complaints. At a
minimum, the Multi-Family Housing Specialist will be familiar with state and federal fair
housing laws, the complaint process for filing discrimination complaints, and the state
and federal agencies that handle complaints.
The date, time, and nature of the fair housing complaint and the referrals and
information given will be fully documented.
The Multi-Family Housing Specialist will advise the City Council and Housing Commission
on City programs and policies affecting fair housing and identify issues and concerns
where appropriate.
b. Meaningful Access
i. Online Information. The City of Brooklyn Center will display information
about fair housing prominently on its website. The website will include
links to various fair housing resources, including the Department of
Housing and Urban Development, Minnesota Department of Human
Rights, Mid-Minnesota Legal Aid, and others, as well as links to state
and federal fair housing complaint forms. In addition, the City will post
the following documents on its website as they are adopted:
1. Reasonable Accommodation Policy
2. Limited English Proficiency (LEP Policy)
3. Americans with Disabilities Act (ADA) Policy regarding access to
City services
4. The State of Minnesota’s Olmsted Plan
5. Fair Housing Policy
6. Tenant rights and responsibilities Handbook
ii. In-Person Information. The City of Brooklyn Center will provide fair
housing information to anyone requesting the following information
in person at the city offices; information provided will include:
1. A list of fair housing enforcement agencies;
2. Fair Housing: Equal Opportunity for All information booklet;
3. Fair housing complaint forms for enforcement agencies; and
4. Tenant rights and responsibilities Handbook.
iii. Languages. The City of Brooklyn Center is committed to providing
information in the native language of its residents, including but not
limited to English, Spanish, Somali and Hmong. The City will work to
ensure that information is available in these languages.
c. Require landlords to provide Brooklyn Center’s fair housing policy to new
applicants and tenants.
d. Staff and Officials Training. The City will provide training on an ongoing
basis to its staff and housing officials on fair housing considerations.
e. Housing Analysis. The City will review its housing inventory and community
needs annually to examine the availability and affordability of both rental and
owner-occupied housing for all residents in order to have such information
available for future City actions.
f. Code Analysis. The City will review its municipal code annually, to identify
impediments to accessing housing and any potential for disparate impact or
treatment. As the codes are identified to have a disparate impact, they will
be repealed, mitigated or amended as necessary.
g. Project Planning and Analysis. City planning functions and development review
will consider whether potential projects may perpetuate segregation or lead to
displacement of protected classes for developments seeking financial assistance
from the City. In cases where this may be found to be the case action will be
taken which may include reducing or removing impacts from the project, or
implementing mitigating measures to counter their effects.
h. Community Engagement. The City will seek community input, particularly from
underrepresented populations in the community, with regard to fair housing
issues, development, zoning, and land use changes facilitated by the City.
i. Affirmatively Furthering Fair Housing. As a subrecipient of federal funds, the
City will, as requested by Hennepin County as the entitlement jurisdiction,
participate in the Regional Analysis of Impediments, as organized by the
regional Fair Housing Implementation Council (FHIC), an ad hoc coalition of
Community Development Block Grant (CDBG) entitlement jurisdictions and
others working together to affirmatively further fair housing. The City will
review the recommendations from the analysis for potential integration into
City planning documents, including the Comprehensive Plan and other
applicable documents.
1
Jesse Anderson
From:Eric Hauge <erich@homelinemn.org>
Sent:Thursday, October 1, 2020 1:17 PM
To:Jesse Anderson
Cc:Mike Vraa
Subject:Re: Brooklyn Center Draft Fair Housing Policy
Jesse,
Mike shared your email and the draft policy, so we took a brief look at it.
As written, the policy seems appropriate and not in contradiction with the city's obligations to further fair
housing efforts. That being said, it's not entirely clear about any specific city commitment to take proactive
steps--and this document seems like an important opportunity to explicitly state proactive steps the city will take
rather than just citing an intent to participate in the AI process and review/possible implementation of
recommendations. The city could consider any number of recommendations from the 2017 addendum to the
2014 AI (see pages 221-231)--most if not all are still relevant, and there's likely more to add that are directly
and currently topics in Brooklyn Center. Such additional actions could be specified under items #3 f & h (Code
Analysis & Community Engagement) 1) Brooklyn Center has multiple crime-free ordinance requirements that
could be reviewed for their impact on fair housing/discrimination (if I'm not mistaken, I think the current mayor
has expressed interest in such a review), and 2) the community engagement piece could be more detailed about
how the city will actually seek that input from underrepresented populations in the community.
Just our quick thoughts. Thanks for the opportunity to comment.
--
Eric Hauge (he, him, his)
Executive Director
HOME Line
612-255-8863
homelinemn.org
On Wed, Sep 30, 2020 at 1:24 PM Mike Vraa <mikev@homelinemn.org> wrote:
---------- Forwarded message ---------
From: Jesse Anderson <janderson@ci.brooklyn-center.mn.us>
Date: Wed, Sep 30, 2020 at 12:01 PM
Subject: RE: Brooklyn Center Draft Fair Housing Policy
To: mikev@homelinemn.org <mikev@homelinemn.org>
Hi Mike,
I was writing to see I you have any feedback relating to the attached Fair Housing Policy?
2
Jesse Anderson | Deputy Director of Community Development/HRA Specialist
City of Brooklyn Center
6301 Shingle Creek Parkway | Brooklyn Center, MN 55430
Direct: 763-569-3420 | General: 763-569-3330
General Email: communitydevelopment@ci.brooklyn-center.mn.us
www.cityofbrooklyncenter.org | janderson@ci.brooklyn-center.mn.us
From: Jesse Anderson
Sent: Tuesday, September 1, 2020 10:49 AM
To: 'mikev@homelinemn.org' <mikev@homelinemn.org>
Subject: Brooklyn Center Draft Fair Housing Policy
Hi Mike,
I hope you are doing well. The Brooklyn Center Housing Commission is drafting a Fair Housing policy and
would like feedback from Home line. I have attached the draft document, if you would be able to provide
feedback that would be appreciated.
Thank you for your time,
Jesse Anderson | Deputy Director of Community Development/HRA Specialist
City of Brooklyn Center
6301 Shingle Creek Parkway | Brooklyn Center, MN 55430
3
Direct: 763-569-3420 | General: 763-569-3330
General Email: communitydevelopment@ci.brooklyn-center.mn.us
www.cityofbrooklyncenter.org | janderson@ci.brooklyn-center.mn.us
--
Michael Vraa
Managing Attorney
8011 34th Ave. S.
#126
Bloomington, MN 55425
(612)728-5770 (x113)
http://www.homelinemn.org
mikev@homelinemn.org
221
VIII. Recommendations
two-
imperative th
locatein
investing in
i
there.
construction.
color.
FHIC
222
impleme
-
certain
223No.RecommendationTime-frame).1A-ordinance.20171Bacross2018Subrecipients1CHousing2018Entitlements,1D-a) b) c) -usingPHAsHRAs1E2018-2021 PHAsHRAs1F Revi2017 PHAsHRAs1G2018 PHAsHRAs
224Low--c-2Aordinances.2019Entitlements2Bmanufactured/mobi-OngoingEntitlementsLine)2C2019PaulMHP)2D PrHousing2018 Entitlements3A2018 Entitlements3B2018 Entitlements
2253C-sector-theAccess2018EntitlePHAs/HRAs3D- -- -2017SMRLS)3E--itieslow-rincludingMI.4Aa) isources).b) Housing2017Entitlements
2264B-HousingOngoingEntitlementsFund)-5A20185BHousing20175Cactivi2019Counties5D2020 FHICcapacity)5E2017MHP)5FHousingO20175G2019
2275H2017FHIC6A-by-20186B----20186Cunits.2018 Lakeville
2286Dmixed-i20186E20186F---ions.20186G2018Minneapolis6H-nt-in-2018B6Ia) b) c) d) e) f) sesg) Housing2018Subrecipients
229h) i) j) k) 6JMonitor)-households).Housing20186K-measures2017culturally-ise.7A-Place-2018Paul7Bserved.Place-20197C2018 Entitlements
2307D2020Subrecipients7EE2018FHIC7FConPlace-OngoingEntitlements---8A-high-Place-2018 Entitlements8BPlace-2019 Entitlementsconsidered.9AOngoiannually.2018SuballocatorsPHAsHRAsEntitlements9Btively.2017
2319C2018FHIC-10A2018Entitlements10BstaffNeeded201810C--non-2018FHIC10D-2019 FHICMMLA)10E--2019 Entitlements
1
Jesse Anderson
From:Alsop, Robert A. <ralsop@Kennedy-Graven.com>
Sent:Thursday, October 8, 2020 9:30 AM
To:Jesse Anderson
Subject:RE: Fair Housing Policy
Jesse:
Sorry for the delay in getting back to you but I’m surprised by my inability to produce the policies you have
requested. When I mentioned during our meeting that these policies are available, it was based on my knowledge that
many other metro cities had the same fair housing policy (i.e. Bloomington) and I thought some of our city attorneys had
already drafted some of these policies. I am also rather familiar with LEP policies and practices because I have advised
many HRA’s how to comply with the Federal mandate to have an LEP policy if getting federal funds (i.e. public housing
or Section 8).
As it turns out, I have not found anyone with policies referenced in the City’s proposed Fair Housing Policy. I’m still
waiting for confirmation from Bloomington but their Human Rights department did not have the policies readily
available even though their policy indicates that they are posted on the City’s web site. I could provide you with a
general LEP policy but I’m not sure it carries much weight unless the city also adopts the standard practices for
implementing an LEP policy (which can be quite burdensome unless the City is mandated to have such a policy under
Federal law). As I indicated during our meeting, the best thing the City can do for fair housing efforts is to
educate!!! This can be done without formally adopting the various policies referenced in the proposed fair housing
policy. One of our cities, Richfield, has a good fair housing policy and web site that educates by directing residents to
the resources for protecting their rights under the Fair Housing Act without necessarily adopting specific policies. Here
is a link to their web site:
https://www.richfieldmn.gov/departments/community-development/housing/fair-housing
Sorry for changing directions midstream here but I think this approach puts the City in the best position to promote the
Fair Housing Act as well as other related laws without imposing additional obligations under newly adopted policies. I
can still come up with these policies if the City wants them.
Let me know or let me know if you want to discuss further.
Thanks
Bob Alsop
Robert A. Alsop | Kennedy & Graven, Chartered
Fifth Street Towers | 150 South Fifth Street, Suite 700
Minneapolis, MN 55402
Direct: 612.337.9224 | Fax: 612.337.9310
ralsop@kennedy-graven.com | www.kennedy-graven.com
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From: Jesse Anderson <janderson@ci.brooklyn-center.mn.us>
Sent: Wednesday, September 30, 2020 12:03 PM
1
Jesse Anderson
From:Nelima Sitati Munene <nelima@acerinc.org>
Sent:Wednesday, December 2, 2020 3:45 PM
To:Jesse Anderson
Cc:Vandali Vang
Subject:Re: Housing Commission - Fair Housing Policy
Hi Jesse,
Thank you so much for your follow up call. I have read the policy again, and here are our comments.
We like the policy as written in general. We especially like section (c) which calls for landlords to ensure
tenants have knowledge of this policy. Here are some questions and suggestions:
b) iii. Languages. The City of Brooklyn Center is committed to providing information in the native language
of its residents. The City will provide information in languages other than English as needed. - could the City
identify the main languages spoken in Brooklyn Center, and ensure the information is at least readily
available in these languages?
f. Code Analysis. The City will review its municipal code annually, to identify impediments to accessing
housing and any potential for disparate impact or treatment. - We like the commitment to annually review the
municipal code, but what action will be taken? We would like a commitment to either repealing or amending
codes that result in disparate impact. Otherwise, there is not much need for a Fair Housing policy.
g. Project Planning and Analysis. City planning functions and development review will consider whether
potential projects may perpetuate segregation or lead to displacement of protected classes, and will apply the
City’s Inclusionary Housing Policy (when adopted) in the case of developments seeking financial assistance
from the City - Similarly, then what action will be taken? There should be some commitment for remedial
action. This action does not necessarily have to be prohibitive. For example, there might be a need to support
demolition of uninhabitable affordable housing, because we want people to live in healthy housing, which
would result in disparate impact, but a remedial process would be to replace same number of units of affordable
housing. Similarly, we encourage the city to make a commitment to advancing additional ordinances that
promote access to housing beyond the Mixed Income Housing policy.
Thank you so much for your work on this.
Nelima.
On Wed, Sep 30, 2020 at 12:01 PM Jesse Anderson <janderson@ci.brooklyn-center.mn.us > wrote:
Hi,
I was writing to see I you have any feedback relating to the attached Fair Housing Policy? Thank you for your
time.
C ouncil R egular M eeng
DAT E:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:M ark Ebens teiner, F inance D irector
S U B J E C T:Res olu(on D esigna(ng D epositories of C ity F unds for 2021
B ackground:
At the beginning of each fiscal year, in accordance with M innesota S tatutes 118 A .02 and City Council Policy
2.22.4.A , the C ity C ouncil cons iders a resolu(on authoriz ing depos itories for C ity funds. The resolu(on
includes banks with a pres ence in Brooklyn Center as well as any banks with whom the C ity deals on a
regular bas is throughout the year. The a5ached res olu(on des ignates banks which may not currently hold
City funds but w hich may during the fis cal year, become a depository for City funds . O ther financial
depositories, s uch as the 4 M F unds, are included becaus e we are members of thos e depos itories . Not all
inves tment dealers /brokers are part of the City ’s current program but are authoriz ed, a8er filing the
appropriate Broker C er(fica(on Form, a requirement of Minnes ota S tatutes 118 A , to trans act busines s
w ith the C ity of Brooklyn C enter. I f the City has no contact or ac(vity with a dealer/broker during the
previous fiscal year, that firm is removed not included in the succeeding year ’s list. A ll banks , depos itories ,
inves tment dealers and brokers , with the excep(on of the Federal Res erve Bank of M inneapolis , are
checked for cer(fica(on by F D I C , S I P C or other cer(fica(on as required by Minnes ota S tatutes 118 A . A ll
of this documenta(on is review ed by the C ity ’s auditors during the financial statement audit each year.
B udget I ssues:
There is no direct financial impact on the City.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip(on U pload D ate Type
Res olu(on D esigna(ng D epositories of C ity F unds for 2021 1/6/2021 Resolu(on Le5er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS
WHEREAS, Section 7.01 of the City Charter provides the City Council with
authority over City funds that includes the safekeeping and disbursement of public monies; and
WHEREAS, Section 7.10 of the City Charter provides that City funds shall be
disbursed by check bearing the actual or facsimile signature of the City Manager and City
Treasurer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota as follows:
1. That US Bank, NA is hereby designated as a depository for funds of the City of
Brooklyn Center for operational banking and investment purposes.
2. That the following named bankers and brokers are hereby designated as additional
depositories to be used for investment purposes:
Federal Reserve Bank of Minneapolis
Wells Fargo Bank, N.A.
Minnesota Municipal Money Market Fund (4M Fund)
Minnesota Municipal Money Market Plus Fund (4M Plus Fund)
Minnesota Municipal Money Market Time Series Pools (4M Time Series)
Oppenheimer & Co., Inc
Wells Fargo Securities, LLC
Moreton Capital Markets, LLC
The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by
the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance
Protection Corporation (SIPC), successors of the FDIC or SIPC or other
governmental institutions insuring the safety and liquidity of public monies. Funds
deposited with designated depositories in excess of the insurance limits available
through FDIC, SIPC or its successor institutions shall be covered by collateral in
the form of government securities held in the City’s name or other collateral
proposed by the institution and approved by the City of not less than 110% of the
value of the uninsured deposits.
RESOLUTION NO. _______________
3. That the following named clearinghouses for credit card transactions are hereby
designated for accepting payments:
Wells Fargo Merchant Services
Elavon Incorporated
Sage Payment Solutions
Chase Paymentech
4. Wells Fargo Institutional Trust Services is hereby designated as the safekeeping
depository for investment instruments in the City’s investment portfolio and as
clearinghouse for the City’s investment portfolio transactions.
5. That the City Council authorizes the City Manager, the City Treasurer, or the
Deputy City Treasurer to act for the City in all of its business activities with these
designated depositories.
January 11, 2021
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:M ark Ebens teiner, F inance D irector
S U B J E C T:Res olu(on O p(ng not to Waive L imited Tort L iability for 2021
B ackground:
Each year the C ity mus t choos e whether to w aive tort liability limit protec(ons of Minnes ota S tatutes
466.04 as part of the insurance policy renew al applica(on proces s . M .S . 466.04 states that the maximum
liability for a city for any claim is $500,000 with an aggregate maximum of $1,500,000 per incident. I n pas t
years the C ity C ouncil has chosen not to w aive the liability limits and the regular premium for insurance has
covered all claims.
I f the City w ere to waive the limits s et by s tatute, it would be prudent to purchas e addi(onal ins urance
coverage to cover possible higher aw ards in liability claims . P remiums for such insurance w ould be
approximately $6,700 per year.
B udget I ssues:
The 2021 budget an(cipates leaving the no w aiver op(on in place for 2021 and has an(cipated ins urance
premiums based on that no waiver op(on. Waiving the s tatutory limits w ould require that at approximately
$6,700 in addi(onal premium cos ts be allocated for 2021 and in each s ucceeding year.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip(on U pload D ate Type
Non-Waiver of L iability Limits Resolu(on 1/6/2021 Resolu(on Le=er
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO._______________
RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR
2021
WHEREAS, the City of Brooklyn Center has an option to waive its protection under
the tort liability limitation contained in Minnesota Statutes 466.04; and
WHEREAS, the statutory tort limit for 2021 is $500,000 per individual with an
aggregate of $1,500,000 per incident; and
WHEREAS, the City of Brooklyn Center has not opted to waive its rights to limited
tort liability in past years and is required to make a declaration of its intention every year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the City does not waive the monetary limits on municipal tort
liability established by Minnesota Statutes 466.04 for 2021.
January 11, 2021
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:M ark Ebens teiner, F inance D irector
S U B J E C T:Res olu(on G ran(ng Corporate A uthority for S igning of Checks and Transac(ons of
F inancial Bus iness M a-ers
B ackground:
Many investment firms require the adop(on of a resolu(on by the corporate board, in this cas e the City
Council, authoriz ing specific officers to transact financial bus iness involving treasury notes , cer(ficates of
deposit and other s ecuri(es . The a-ached resolu(on fulfills that requirement by appoin(ng the City
Manager, and the F inance D irector, w ho s erves as the City Treas urer, as the officers authorized to trans act
s uch bus iness.
B udget I ssues:
There are no budget is s ues to consider.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip(on U pload D ate Type
Res olu(on G ran(ng Corporate A uthority 1/6/2021 Resolu(on Le-er
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION GRANTING CORPORATE AUTHORITY FOR SIGNING OF
CHECKS AND TRANSACTIONS OF FINANCIAL BUSINESS MATTERS
WHEREAS, the City Treasurer must be a signatory to any and all checks issued by
the City in payment of obligations of the City; and
WHEREAS, specific individuals must be designated by the City Council as
authorized to sell, assign and endorse for transfer various financial instruments in the regular
conduct of City business.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Cornelius L. Boganey, City Manager, and Mark Ebensteiner, Finance
Director, are hereby authorized to sell, assign and endorse for transfer certificates representing
treasury notes, bonds, or other securities now registered or hereafter registered in the name of this
municipality.
January 11, 2021 _____________
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:Todd Berg, F ire Chief
S U B J E C T:A nnual A ppointment of municipal trustees to the Brooklyn Center F ire Relief A s s ocia,on
board of trus tees
B ackground:
A nnually, the C ouncil approves the three Municipal O fficials to s erve on Brooklyn Center F ire Relief
A s s ocia,on Board. I t has to be the current F ire C hief, an elected official, and either another elected official
or the City F inance D irector. Tradi,onally it has been the F ire C hief, M ayor and F inance D irector
B udget I ssues:
None
S trategic Priories and Values:
O pera,onal Excellence
AT TA C H M E N TS :
D escrip,on U pload D ate Type
Res olu,on 1/7/2021 Resolu,on Le5er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN
CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES
WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association
Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the
Municipality; and
WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal
official and one (1) elected or appointed municipal official who are designated as municipal
representatives by the municipal governing board annually, and the chief of the municipal fire
department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2021:
Elected Municipal Official Mike Elliott
Elected or Appointed Municipal Official Mark Ebensteiner
Fire Chief Todd Berg
January 11, 2021
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :M eg Beekman, C ommunity D evelopment D irector
BY:J esse A nders on, D eputy D irector of Community D evelopment
S U B J E C T:A n O rdinance A mending C hapter 27 and 19 of the C ity C ode of O rdinances Regarding the
O pera.on of S nowmobiles, A ll-Terrain Vehicles, O ff-H ighway M otorcycles and O ther
Recrea.onal Vehicles w ithin the C ity
B ackground:
T he C ity of B rooklyn C enter has previously adopted C hapter 27-901 to 27-909 (a5ached) regarding the use of
snowmobiles within city limits. C urrently the ordinance does not allow for the use of snowmobiles on public
streets, roadway, shoulders, inside the bank or slope of any state trunk, county state aid, or county highway. T he
current ordinance however does not prevent the use of a snowmobile on individual property or on private
property with the owner’s consent.
I n addi.on, the C ity C ode is silent on the use of other recrea.onal or all terrain vehicles both on private or
public property.
T he C ity C ouncil reviewed this topic at their September 24 work session. T hey directed the item to the Housing
C ommission for review and a recommenda.on.
This topic w as brought to the H ousing Commission for review at their O ctober 20, 2020, mee.ng. The
H ousing Commission discussed the ordinances and had s everal concerns about the propos ed ordinance. A
s ummary of their discussion and recommenda.on is as follow s :
1. H ousing Commission sugges ted that recrea.onal vehicles s hould be a permi5ed us e on residen.al
proper.es
2. I t was also sugges ted that if recrea.onal vehicles are prohibited on private property, then an
exemp.on s hould be stated to allow res idents who have direct lake acces s be allow ed to operate their
recrea.onal vehicles on their property.
3. The H ous ing C ommis s ion approved of the overall changes to the ordinance as they help to clarify and
clean up the ordinance.
4. The H ous ing C ommis s ion recommenda.on was to adopt the proposed ordinance with adding an
exemp.on under 27-902 to allow for the use on private property from the hours of 7am to 10pm.
5. The H ous ing C ommis s ion s uggested that any unusually noisy us e would be res tricted by sec.on 27-
903, while s .ll allow ing use in s ec.on 27-902. The language in 27-903 states that nois es that are
annoying or cause a disturbance are prohibited. This w ould place the burden on a neighbor to not
only call in the complaint, but provide tes .mony that the use of the recrea.onal vehicle caus ed
dis turbance or annoyed if the ma5er w ere to go to court.
At the November 9, 2020 C ity C ouncil Work S es s ion the C ity C ouncil provided direc.on on the ordinance
regarding the opera.on of snowmobiles, all-terrain vehicles , and off-highw ay motorcycles . The City Council
directed staff to prepare an ordinance that aligned w ith the H ous ing C ommis s ion's recommenda.ons. The
ordinance has been updated w ith the recommenda.ons from the H ous ing C ommis s ion and the City
Council's direc.on.
At the D ecember 14, 2020 C ity C ouncil Mee.ng the Council discussed the ordinances and approved the 1s t
reading and called for the public hearing to be s chedule for J anuary 11, 2021.
B udget I ssues:
There are no budget is s ue to consider with this ac.on.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip.on U pload D ate Type
O rdinance 12/28/2020 O rdinance
Res olu.on A pproving S ummary P ublica.on 12/29/2020 Resolu.on Le5er
P res enta.on 2/16/2021 P resenta.on
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 11 day of January, 2021, at 7:00
p.m. or as soon thereafter as the matter may be heard during the regular City Council meeting to
consider an ordinance related to the operation of all-terrain vehicles and snowmobiles in the City.
City Council meetings are being conducted by electronic means under Minnesota Statutes, section
13D.021 and information on how to connect to the meeting is provided on the City’s website.
Please notify the City Clerk at 763-569-3306 if there are any questions about how to connect to
the meeting.
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTERS 27 AND 19 OF THE CITY CODE
OF ORDINANCES REGARDING THE OPERATION OF SNOWMOBILES, ALL-
TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND OTHER
RECREATIONAL VEHICLES WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Section 27-901 of the Brooklyn Center City Code is hereby amended as follows:
SNOWMOBILES, ALL-TERRAIN VEHICLES, OFF-HIGHWAY
MOTORCYCLES AND OTHER RECREATIONAL VEHICLES
Section 27-901. DEFINITIONS.
For the purposes of this ordinance Sections 27-901 through 27-908, the terms used herein
shall have the following meanings ascribed to them:
Person - includes an individual, partnership, corporation, the state and its agencies and
subdivisions, and any body of persons, whether incorporated or not.
Snowmobile - means a self-propelled vehicle designed for travel on snow or ice or natural
terrain steered by wheels, skis or runners.
Owner - means a person, other than a lien holder, having the property ownership in or title
to snowmobile a recreational vehicle and entitled to the use or possession thereof.
Operate - means to ride in or on and control the operation of a snowmobile recreational
vehicle.
Operator - means every person who operates or is in actual physical control of a
snowmobile recreational vehicle.
2
Roadway - means that portion of a highway improved, designed, or ordinarily used for
vehicular travel, including the shoulder.
Street or highway - means the entire width between boundary lines of any way or place
when any part thereof is open to the use of the public, as a matter of right, for the purposes
of vehicular traffic.
All-Terrain Vehicle or ATV - means a motorized vehicle with (1) not less than three but
not more than six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000
pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65
inches or less. An all-terrain vehicle includes Class 1 all-terrain vehicles and Class 2 all-
terrain vehicles. An all-terrain vehicle does not include a golf cart, mini-truck, dune buggy,
or go-cart, or a vehicle designed and used specifically for lawn maintenance, agriculture,
logging, or mining purposes. All ATV’s must be registered with the Minnesota Department
of Natural Resources, unless exempted. ATV’s must also be registered with Hennepin
County.
Off-Highway Motorcycle - means a motorized, off-highway vehicle traveling on two
wheels and having a seat or saddle designed to be straddled by the operator and handlebars
for steering control, including a vehicle that is registered under Minnesota Statutes Chapter
168 for highway use if it is also used for off-highway operation on trails or unimproved
terrain.
Recreational Vehicle - means a self-propelled vehicle, including an ATV, off-highway
motorcycle, snowmobile, motorized golf cart, utility task vehicle, or any other vehicle
designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners, or
a vehicle designed for operation on a paved surface that is not licensed by the Minnesota
Department of Public Safety or equivalent agency in another state for operation on public
roads. A recreational vehicle does not include a mini truck, a wheelchair, or a electronic
personal assistive mobility device, as defined in Minnesota Statutes, section 169.011. This
term is a general reference to all of the types of vehicles regulated under Sections 27-901
through 27-908.
Utility Task Vehicle – means a side-by-side, four-wheel drive, off-road vehicle that has
four wheels, is propelled by an internal combustion engine with a piston displacement
capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less
than 2,600 pounds.
ARTICLE II. Section 27-902 and 27-903 of the Brooklyn Center City Code regarding the
operation of snowmobiles within the City are hereby deleted and replaced with the following:
Section 27-902. UNLAWFUL OPERATION. It shall be unlawful for any person to
operate a recreational vehicle within the limits of the City, unless such operation is within one of
the following exemptions:
1. On public streets or highways in an emergency, but only when travel by automobile
3
is rendered practically impossible because of the depth of snow on streets and
highways. Any such operation may only be on the righthand side of such street or
highway and in the same direction as the regular flow of traffic;
2. On public streets or highways when operated in a parade or other civic function
authorized by the city council or chief of police;
3. On a public street or highway which has been closed by lawful order to vehicular
traffic for the purpose of allowing use by a recreational vehicle;
4. Entirely within an enclosed building when the use of a recreational vehicle is part
of a commercial use authorized under the City’s zoning regulations;
5. The operation of recreational vehicles by police, fire, ambulance, or other
emergency services as part of providing services within the City;
6. The operation of recreational vehicles by City public works staff as part of their
official duties;
7. For the immediate loading or unloading of a recreational vehicle onto or from a
trailer or other vehicle;
8. For snow removal by the property owner;
9. The operation of recreational vehicles by a public utility company as part of its
construction or maintenance activities;
10. The operation of a snowmobile for direct access to adjoining public land or public
water on which the operation of snowmobiles is permitted; or
11. The operation of a recreational vehicle on private property between the hours of
9:00 a.m. and 10:00 p.m. with the express consent of the property owner.
All references to the operation of a recreational vehicle within the City under Sections 27-901
through 27-908 are limited to operations occurring under the one of the above exceptions. All
other operations of recreational vehicles within the City including, but not limited to, operations
on private property, streets, or highways, are prohibited and constitute a violation of this City Code.
Section 27-903. OPERATION RESTRICTIONS AND LIMITATIONS. To the extent the
operation of a recreational vehicle is allowed under Section 27-902, it is unlawful for any person
to operate such recreational vehicle:
1. In a careless, reckless, or negligent manner so as to endanger the person or property
of another or to cause injury or damage thereto;
2. In a manner so as to create an unreasonably loud, disturbing, unnecessary, or
4
unusual noise prohibited under Section 19-1203;
3. For more than five hours out of any continuous six-hour period;
4. While under the influence of intoxicating liquor or narcotics or habit-forming
drugs;
5. So as to tow any person or thing on a highway except through the use of rigid tow
bar attached to the rear of the snowmobile, all-terrain vehicle, off-highway
motorcycle or recreational vehicle;
6. At a rate of speed greater than reasonable or proper under all the surrounding
circumstances; or
7. If it does not contain all of the equipment required by state law or Section 27-904.
Nothing in this section prohibits a person from bringing a suit against the owner of a recreational
vehicle alleging the operation of the recreational vehicle constitutes a prohibited nuisance.
ARTICLE III. Section 27-904 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-904. EQUIPMENT.
1. To the extent the operation of a snowmobile (recreational vehicle) is allowed under
Section 27-902, it It is unlawful for any person to operate a snowmobile any place
within the limits of the City of Brooklyn Center unless it is equipped with the
following:
1.a. Standard mufflers which are properly attached and in constant operation,
and which reduce the noise of operation of the motor to the minimum
necessary for operation. Mufflers shall comply with Regulation NR57
which is hereby adopted by reference. No person shall use a muffler cutout,
bypass, straight pipe or similar device on a snowmobile motor, and the
exhaust system shall not emit or produce a sharp popping or crackling
sound. Mufflers shall comply with Minnesota Rules, Part 6100.5700.
2.b. Brakes adequate to control the movement of and to stop and hold the
snowmobile under any conditions of operation.
3.c. A safety or so-called “deadman” throttle in operating condition, so that
when pressure is removed from the accelerator or throttle, the motor is
disengaged from the driving track.
4.d. At least one clear lamp attached to the front with sufficient intensity to
reveal persons and vehicles at a distance of at least 100 feet ahead during
the hours of darkness under normal atmospheric conditions. Such head lamp
5
shall be so aimed that glaring rays are not projected into the eyes of an
oncoming vehicle operator. It shall also be equipped with at least one red
tail lamp having a minimum candle power of sufficient intensity to exhibit
a red light plainly visible from a distance of 500 feet to the rear during the
hours of darkness under normal atmospheric conditions. The equipment
shall be in operating condition when the vehicle is operated between the
hours of one-half hour after sunset to one-half hour before sunrise or at
times of reduced visibility.
5.e. Reflective material at least 16 square inches on each side, forward of the
handlebars so as to reflect or beam light at a 90-degree angle.
2. No recreational vehicle shall be operated within the limits of the City unless it is
equipped with the equipment required by Minnesota Rules, Part 6102.0040.
3. A recreational vehicle may not be modified by any person in any manner that will
amplify or otherwise increase total noise emissions to a level greater than that
emitted by the recreational vehicle as originally constructed, regardless of the date
of manufacture.
ARTICLE IV. Section 27-905 of the Brooklyn Center City Code is hereby deleted and replaced
with the following:
Section 27-905. PROHIBITION ON PERSON IN LAWFUL CONTROL. It shall be
unlawful for any person who is in lawful control of a recreational vehicle to permit it to be operated
contrary to Sections 27-901 through 27-908.
ARTICLE V. Section 27-906 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-906. LEAVING SNOWMOBILE, ALL-TERRAIN VEHICLE, OFF-
HIGHWAY MOTORCYCLE OR RECREATIONAL VEHICLE UNATTENDED. Every person
leaving a snowmobile recreational vehicle in a public place shall lock the ignition, remove the key,
and take same with him them.
ARTICLE VI. Section 27-907 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-907. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive,
chase, run over or kill any animal, wild or domestic, with a snowmobile recreational vehicle.
ARTICLE VII. Section 27-908 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-908. VIOLATIONS. Every person convicted of a violation of any of the
provisions of this ordinance Sections 27-901 through 27-907 shall be punished by a fine of not
more than one thousand dollars ($1,000) or by imprisonment for a period of not more than ninety
(90) days, or both, but in either case the costs of prosecution may be added. As an alternative to
issuing a criminal citation, the City may issue an administrative citation and impose a civil
6
penalty under Chapter 18 of the City Code for a violation of any provision of Sections 27-901
through 27-907.
ARTICLE VIII. Section 27-909 of the Brooklyn Center City Code is hereby amended by deleting
it as follows:
Section 27-909. SEVERABILITY. Should any section, subdivision, clause or other
provision of this ordinance be held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other
than the part held to be invalid.
ARTICLE IX. Section 19-1203 of the Brooklyn Center City Code is hereby amended by as
follows:
Section 19-1203. RADIOS, TAPE AND DISC PLAYERS, ETC. PROHIBITED NOISE
NUISANCES. The following are declared to be public nuisances and are prohibited within the
City.
Subdivision 1. No person shall play, use, or operate on public or private property any
radio, tape or disc player, musical instrument, phonograph, or other machine or device for
the production or amplification of sound in such a manner, considering the time and place
and the purpose for which the sound is produced, as to unreasonably disturb the peace,
quiet, or repose of a person or persons of ordinary sensibility.
Subdivision 2. The play, use, or operation of any radio, tape or disc player, musical
instrument, phonograph, or other machine or device for the production or amplification of
sound in such a manner as to be plainly audible at a distance of fifty (50) feet from said
machine or device shall be prima facie evidence of a violation of this section.
Subdivision 3. When sound violating this section is produced by a machine or device
that is located in or on a vehicle, the vehicle’ s owner is not present, the person in charge
of the vehicle at the time is guilty of the violation.
Subdivision 4. This section shall not apply to sound produced by the following:
a. Amplifying equipment used in connection with activities for which permits have
been granted;
b. Anti-theft devices; and
c. Machines or devices for the production of sound on or in authorized emergency
vehicles.
Subdivision 4. To run or operate a recreational vehicle, as defined in Section 27-901, in
a manner so as to create an unreasonably loud, disturbing, unnecessary, or unusual noise which is
likely to annoy, disturb, injure or endanger the comfort, repose, health, peace, or safety of a
reasonable person of ordinary sensibilities who might be in its vicinity.
7
ARTICLE X. Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
Adopted this ___ day of __________, 2020.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication _________________________
Effective Date _____________________________
(Strikeout indicates material to be deleted, double underline indicates new material.)
Member introduced the following
resolution and moved its adoption:
CITY OF BROOKLYN CENTER
HENNEPIN COUNTY
RESOLUTION NO. 2020-___
RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO.
2020-___
WHEREAS, the City Council of the City of Brooklyn Center is considering the adoption
of the above-referenced ordinance concerning the operation of snowmobiles and recreational
vehicles within the City (“Ordinance”); and
WHEREAS, City Charter, Section 3.05 requires the publication of a proposed ordinance
in the City’s official newspaper at least one week prior to the final passage; and
WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication of
adopted ordinances by title and summary in the case of lengthy ordinances or those containing
maps or charts; and
WHEREAS, the City Council determines publishing the entire text of the Ordinance is
not in the best interests of the City as the Ordinance is readily available to the public on the
City’s website; and
WHEREAS, the City Council determines the following summary clearly
informs the public of the intent of Ordinance and where to obtain a copy of the full text.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center as follows:
1. The summary language of the Ordinance provided below is hereby approved for
publication in the City’s official newspaper prior to final approval as required by City
Charter, Section 3.05, and for publication after adoption as required by Minnesota
Statutes, section 412.191, subdivision 4.
2. The City Clerk is authorized to modify the language of the summary as needed to
identify whether the Ordinance is being considered or was adopted by the City
Council, to make any other corrections as may be needed, or to not publish the
summary if the City Council determines not to proceed to a second reading. If the
City Council substantially changes the text of the Ordinance so that the summary is
no longer accurate, the City Clerk is authorized to correct the summary as needed to
reflect the changes.
3. The City Clerk is hereby authorized and directed to publish the summary language
and to complete all other ordinance formalities required by Minnesota Statutes,
section 412.191, subdivision 4 if the City Council adopts the Ordinance.
4. The following summary language is approved for publication in lieu of publishing the
entire text of the Ordinance:
CITY OF BROOKLYN CENTER
SUMMARY PUBLICATION OF PROPOSED ORDINANCE
AN ORDINANCE AMENDING CHAPTERS 27 AND 19 OF THE CITY CODE OF
ORDINANCES REGARDING THE OPERATION OF SNOWMOBILES,
ALL-TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND
OTHER RECREATIONAL VEHICLES WITHIN THE CITY
Ordinance No. 2020-____
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.
2/16/2021
1
Snowmobile and
Recreational Vehicle
Ordinance
Public Hearing & 2nd Reading
City Council Meeting, January 11, 2021
Meg Beekman, Community Development Director
Background
•September 24 –City Council reviewed this topic at a work session and
directed it to the Housing Commission
•October 20 –Housing Commission discussed the ordinance and made
several recommendations
•November 9 –Housing Commission’s recommendations were brought
back to City Council for a work session and City Council directed
changes to the ordinance
•December 14 –City Council Approved 1st reading and Called for Public
hearing on January 11.
2
2/16/2021
2
Ordinance Proposal
•Adds definitions for ATVs, Off‐highway motorcycles and
recreational vehicles
•Amends the language to limit certain operation of recreational
vehicles on private property
•Clarifies when such vehicles are allowed on streets:
•for emergency use due to snow
•for a parade or other approved function
3
Ordinance Proposal
•Allows use on private property between 9am and 10pm
•Allows use inside a commercial building in compliance with
zoning regulations
•Allows use by emergency services or public works staff as part
of their duties.
4
2/16/2021
3
Ordinance Proposal Restrictions
•Cannot operate in a careless manor
•Cannot be unreasonably loud to persons whom are within the vicinity
•Cannot use for more then 5 hours out of any continuous six hour
period.
•Cannot use under the influence of intoxicating liquor or narcotics
•Cannot use at an unreasonable speed considering the surrounding
circumstances.
•Cannot use without proper equipment such as a muffler, brakes, safety
throttle, a clear lamp, and reflective material.
•Cannot operate with modification that would increase noise emissions.
5
Staff Feedback
•The prosed ordinance was discussed internally with staff
•The recommendation was to move noise portions of the
ordinance from chapter 27 to chapter 19
•These changes would have no substantive affect on the
provisions of the ordinance
6
2/16/2021
4
Council Action
Motion to open the public hearing; Take public input; and Close the public
hearing.
Motion to approve the second reading, and adopt
Ordinance Amending Chapter 27 and 19 of the City Code of ordinances
regarding the operation of snowmobiles, all‐terrain vehicles, off‐highway
motorcycles and other recreational vehicles within the City
Approve a resolution approving a summary publication of the above
ordinance.
7
8
Questions?
C ouncil R egular M eeng
DAT E:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:M ark Ebens teiner, F inance D irector
S U B J E C T:2021 P roposed U+lity Rates
B ackground:
At the O ctober 1 9 , 2020 j oint work ses s ion of the C ity Council and F inancial Commis s ion, s taff presented
the expected expenditures for opera+on of the C ity ’s u+lity s er vices for 2021. The expenditures include
total direct and indirect costs including deprecia+on of capital as s ets and adminis tra+v e costs. A long with
thos e cos ts ar e proj ec+ons of the r ev enues needed for 2021 and for the next fi8 een y ears to keep
opera+ons running s moothly and fund the infr as tr ucture improv ements needed in each of the u+lity
s ystems. The cas h flow analysis for each of the five u+li+es indicate an+cipated rate changes necessary to
maintain s ufficient cas h balances during the construc+on of the u+lity improv ements associated w ith the
City ’s 15-year C apital I mprovement P lan (C I P ).
For 2 0 2 1 , rate increas es are propos ed Water, S anitary S ewer, and S torm S ewer in order to maintain cash
res erves , fund normal opera+ons, pay for debt service and finance infrastructure improvements . Rates for
the various u+li+es for 2021 are shown in comparis on to 2020 below:
F und D escripon 2020 R ate 2021 R ate C hange
Water
Base Charge -
Residen+al
(quarterly )
$16.61 $1 7 .44 $0.83 / quarter
C ons ump+on Charge
-
Res iden+al M eters
Tier I (0 - 30 gallons)
T ier I I (3 1 - 6 0
gallons )
Tier I I I (6 1 and
greater)
$2.77
3.45
5.15
$2.9 1
3 .62
5 .41
$0.1 4 / 1,0 0 0
gallons
$0.1 7 / 1,0 0 0
gallons
$0.2 6 / 1,0 0 0
gallons
C ons ump+on Charge
- Non-residen+al (Per 1,000 gallons )$3.66 $3.8 4 $0.1 8 / 1,0 0 0
gallons
S anit ary S ewer Bas e C harge
(quarterly )$89.14 $9 3 .59 $4.45 / quarter
C ons ump+on Charge
- Non-residen+al (Per 1 ,000 gallons)$3.76 $3.9 5 $0.1 9 / 1,0 0 0
gallons
S torm S ewer Bas e C harge
(quarterly )$15.52 $1 5 .98 $0.46 /quarter
S tre e t L ight Bas e C harge
(quarterly )$6.55 $6.5 5 No change
Bas e C harge
Recycling (quarterly )$11.98 $1 1 .98 No change
T he quarterly u+lity bill f o r a household using 18,000 gallons of wa ter (co nsidered the typical residen+a l user) is
shown in comparison to 2020 rates as follows:
F und 2020 B ill 2021 B ill $ C hange/quarter
Water $66.47 $6 9 .82 $3.35
S anit ary S ewer 89.14 93.5 9 4.45
S torm S ewer 15.52 15.9 8 0.46
S tre e t L ight 6.55 6 .55 -
Recycling 11.98 11.9 8 -
Total $189.66 $197.9 2 $8.26
The propos ed rates w ould become effec+ve on J anuary 11, 2021.
City C ode sec+ons 1 1 .02 and 11.0 6 require a no+ce and hearing prior to the C ity Council seHng new u+lity
rates. The P ublic H earing No+ce w as published in the Brooklyn C enter Post on D ecember 31, 2020.
B udget I ssues:
Rate changes have been incorporated in the 2021 budget.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip+on U pload D ate Type
2021 U +lity Rate P P P res enta+on 1/4/2021 P resenta+on
2021 Water U +lity Rates Res olu+on 1/4/2021 Resolu+on LeJer
2021 S anitary S ew er U+lity Rates Resolu+on 1/4/2021 Resolu+on LeJer
2021 S torm S ew er U+lity Rates Resolu+on 1/4/2021 Resolu+on LeJer
2021 S treet Light Rates Res olu+on 1/4/2021 Resolu+on LeJer
2021 Recycling Rates Res olu+on 1/4/2021 Resolu+on LeJer
Public HearingUtility Rates for 2021City Council Meeting 1‐11‐2021Mark Ebensteiner, Finance Director
Rate Considerationsr 8, 2018•Maintain service levels•Stabilize rate changes•Provide cash for operating needs•Provide cash for capital projects•Provide cash for debt service2
Utility Improvements 3Total upcoming projects in Utility funds:$17,156,000
2021 Proposed Rate Changes4
2021 Proposed Rate Changes5
Water Utility Rate Comparison6
Sanitary Sewer Utility Rate Comparison7
Storm Drainage Utility Rate Comparison8
Water, Sewer, Storm Utility Rate Comparison9
Street Light Utility Rate Comparison10
Recycling Utility Rate Comparison11
Next Steps•Open public hearing for comments on proposed 2021 utility rates•Council consideration of:•Resolution adopting 2021 water utility rates•Resolution adopting 2021 sewer utility rates•Resolution adopting 2021 storm sewer utility rates•Resolution adopting 2021 street light rates•Resolution adopting 2021 recycling rates•Questions?12
Member _____________________________ introduced the following resolution
and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ADOPTING 2021 WATER UTILITY RATES, FEES AND
CHARGES
WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities
be self-supporting through revenue provided by a uniform schedule of rates, fees and charges;
and
WHEREAS, this uniform schedule shall be called the “Public Utility Rate
Schedule” and shall be adopted by resolution of the City Council; and
WHEREAS, the City Council has reviewed data provided on delinquent utility
charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and
shall be effective for all billings issued on or after January 11, 2021.
2021 WATER UTILITY RATE SCHEDULE
Water Rates, Fees and Charges
Base Rate
Year 2021 $3.84 per 1,000 Gallons
Quarterly Minimum Rate
Meter Size 2021 Quarterly Minimum Charge
1” $ 50.68
1 ½" $ 65.16
2” $ 126.70
3” $ 253.43
4” $ 427.20
6” $ 977.50
8” $ 1,851.33
10” $ 2,468.45
Water Conservation Rate
Meter Size Base Charge (minimum charge per quarter)
5/8” and 3/4” $ 17.44
Thousands of Gallons Consumption Charge (per 1,000 gallons used)
0 to 30 $ 2.91
31 to 60 $ 3.62
61 and greater $ 5.41
RESOLUTION NO. ______________
Fees
Water Meter Charge 5/8” or 3/4”
$149.00
Water Meter Charge Larger than 3/4”
Actual Cost + $2.00
Other Charges
Delinquent account, quarterly charge
No Additional Charge
Certification for collection with property taxes
(Utility accounts with an outstanding balance
owed of $200.00 or greater)
$50.00
Fire Service Line Charge $ 12.50 per quarter
January 11, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member ___________________________________ introduced the following
resolution and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ADOPTING 2021 SEWER UTILITY RATES, FEES AND
CHARGES
WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities
be self-supporting through revenue provided by a uniform schedule of rates, fees and charges;
and
WHEREAS, this uniform schedule shall be called the “Public Utility Rate
Schedule” and shall be adopted by resolution of the City Council; and
WHEREAS, the City Council has reviewed data provided on delinquent utility
charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and
shall be effective for all billings issued on or after January 11, 2021.
2021 SEWER UTILITY RATE SCHEDULE
Sewer Rates, Fees and Charges
Base Rate Quarterly Residential
(Minimum quarterly charge)
Single Family Apartment Senior Citizen
Year 2021 $93.59 $65.51 $51.47
Non-Residential Rate
Year 2021 $3.95 per 1,000 Gallons
Fees
SAC Charge set by MCES Fee Established by MCES
Charges
Delinquent account, quarterly charge
No Additional Charge
Certification for collection with property taxes
(Utility accounts with an outstanding balance
owed of $200.00 or greater)
$50.00
Line cleaning charge Labor, materials, equipment and overhead
Sanitary Sewer Connection Established annually by resolution
January 11, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member ________________________________ introduced the following
resolution and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ADOPTING 2021 STORM SEWER UTILITY RATES, FEES
AND CHARGES
WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities
be self-supporting through revenue provided by a uniform schedule of rates, fees and charges;
and
WHEREAS, this uniform schedule shall be called the “Public Utility Rate
Schedule” and shall be adopted by resolution of the City Council; and
WHEREAS, the City Council has reviewed data provided on delinquent utility
charges.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby continued
and shall be effective for all billings issued on or after January 11, 2021.
2021 STORM SEWER UTILITY RATE SCHEDULE
Storm Sewer Rates and Charges
Quarterly Rates per Acre
2021 Minimum Quarterly Charge
Base Rate $ 63.92
Cemeteries and Golf Courses $ 15.98
Parks $ 31.96
Single Family, Duplex, Townhouse $ 15.98/lot
School, Government Buildings $ 79.90
Multiple Family, Churches $ 191.76
Commercial, Industrial $ 319.60
Vacant Land As Assigned
Charges
Delinquent account, quarterly charge
No Additional Charge
Certification for collection with property taxes
(Utility accounts with an outstanding balance
owed of $200.00 or greater)
$50.00
Private facility cleaning charge Labor, materials, equipment and overhead
January 11, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ADOPTING 2021 STREET LIGHT RATES AND CHARGES
WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities
be self-supporting through revenue provided by a uniform schedule of rates, fees and charges;
and
WHEREAS, this uniform schedule shall be called the “Public Utility Rate
Schedule” and shall be adopted by resolution of the City Council; and
WHEREAS, the City Council has reviewed data provided on delinquent utility
charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and
shall be effective for all billings issued on or after January 11, 2021.
2021 STREET LIGHT UTILITY RATE SCHEDULE
Street Light Rates and Charges
Quarterly Rates
Customer 2021 Minimum Quarterly Charge
Per Dwelling Unit:
Single, Double and Multiple Family
Residential
$6.55
Per Acre:
Parks $10.90
Schools, Government Buildings, Churches $21.80
Retail and Service-Office $32.69
Commercial and Industrial $32.69
Vacant Land and Open Space As Assigned
Charges
Delinquent account, quarterly charge
No Additional Charge
Certification for collection with property taxes
(Utility accounts with an outstanding balance
owed of $200.00 or greater)
$50.00
January 11, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ESTABLISHING 2021 RECYCLING RATES AND CHARGES
WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling
Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section
471.59 (1987); and
WHEREAS, the purpose of the joint powers agreement is to create an
organization by which member cities may jointly and cooperatively provide for the efficient and
economical collection, recycling and disposal of solid waste within and without their respective
corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota
Statutes Chapter 115A (1987); and
WHEREAS, the HRG has established a curbside recycling program for its
member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste
Source Separation for Hennepin County; and
WHEREAS, the City of Brooklyn Center must establish rates to fund the City’s
curbside recycling program and the cost for projected reimbursement of recycling charges from
the HRG along with other program operating charges; and
WHEREAS, the recycling program includes a bi-annual curbside cleanup; and
WHEREAS, the City Council has reviewed data provided on delinquent utility
charges; and
WHEREAS, Brooklyn Center Ordinance No. 89-11 authorizes the City to
establish rates for recycling services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the recycling charges shall be as follows for all billings issued on or after
January 11, 2021:
2021 RECYCLING UTILITY RATE SCHEDULE
Recycling Rates and Charges
Minimum Charge per Household per quarter: $11.98 per quarter
Charges
Delinquent account, quarterly charge
No Additional Charge
Certification for collection with property taxes
(Utility accounts with an outstanding balance
owed of $200.00 or greater)
$50.00
January 11, 2021
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:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:Todd Berg, F ire Chief
S U B J E C T:Res olu)on Reques)ng A pproval for a New F ire Truck P urchas e
B ackground:
T he fire department is reques)ng to purchase a replacement for E ngine 3. T his truck was scheduled to be
replaced in 2017 and is currently 28 years old, nearing the end of its expected life. At the )me of this purchase 28
years ago, B rooklyn C enter had an abundance of strip malls and was purchased with an aerial water stream that
proved effec)ve for strip mall fires. Fast-forward 28 years, and not only has the landscape of the community
changed, so has the technology available to ex)nguish these types of fires. Addi)onally, within the past 28 years
our C ity ’s development has transformed to more high-density housing (3-5 story apartments). T his on itself is a
challenge and will con)nue to be as the city pursues the development of the O pportunity site. T herefore, the
replacement of E ngine 3 will be pivotal to the safety and welfare of our ci)zens as the community con)nues to
redevelop.
T herefore, in 2021, I propose we change the replacement of E ngine 3 to a pla@orm ladder (“tower”) which will
aid in the rapid recovery of people off balconies from high-density housing developments. C urrently, we have to
help people nego)ate the ladder, which makes a rescue very labor-intensive and much slower. A “tower” is much
safer for those we serve, and our personnel. T his truck would also have an aerial water stream to aid in
ex)nguishing fires out of reach of our hand lines. As technology and the community con)nue to transform we
need to adjust the type of apparatus we purchase to meet the needs of our community. T herefore, as we look to
the future and replacement planning of our current ladder (12 years from now), I would propose replacing that
ladder truck with an engine. T his would allow the central garage fund to recover those funds expended by the
purchase of E ngine 3. B elow is our current E ngine 3, and a photo of a similar tower truck.
Unfortunately, under our current fleet replacement program, mos t of our fire fleet is virtually worth very
liEle at its end of useful life. Currently, we keep our ladder trucks for 25 years and our engines for 20.
A ddi)onally, funding for our fire fleet has been underfunded for many years and was recently adjus ted
about 4 years ago. Therefore, funding for most of our fleet is w ay below what w ill be needed at the )me of
replacement. The cos t of these trucks tradi)onally goes up betw een 3 and 5% annually. I t makes it hard to
forecast what the true need for funding is 20+ years in advance. This problem is not unique to our city but is
felt na)onwide.
The fire department has strategically made vehicle replacements bas ed on the need of the community and
the department's s afety. Back in A ugust we w ere given approval by C ity M anager Boganey to s tart the truck
replacement proces s . We met with 4 different vendors and toured trucks similar to the what the need was .
The commiEee of department members have s pent numerous hours researching the best value and safety
features have recommended to proceed w ith Ros enbauer of Wyoming, M N. I would like to thank the
members: D eputy C hief H endrickson, A s s is tant C hief J ones, F irefighters Bauermis ter, C ras s , and
WeEerhahn.
B udget I ssues:
This proces s takes a lot of )me and careful cons idera)on as this is the most expensive vehicle in the C ity's
fleet. This replacement has been a part of the fire departments budget since 1992. Equipment replacement
funds have been transferred from the G eneral fund to the Capital Replacement fund in an)cipa)on of
future replacement. A s noted, the new equipment is more expensive than ini)ally planned as the needs of
the city and fire department have changed.
We have a couple op)ons to cons ider for financing the purchas e.
1.) We could issue equipment cer)ficates w ith a 5-9 year maturity. A lthough interest rates are low, aLer
is s uance fees and a true interest cost of 0.5 – 1.0% annual payments w ould range from $168,000 (9 year) to
$293,000 (5 year) depending on the maturity.
2.) We can u)lize current available cash reserves in the capital replacement fund and avoid issuance fees
and interes t cos ts . The fire department would then repay the capital replacement fund at an accelerated
rate over the next 5-9 years to replenish the cash balance.
We propose to us e current available cas h res erves in the C apital Replacement F und to pay for this truck.
The accelerated equipment replacement payments from the fire department back to the C apital
Replacement F und would begin in 2022 and w ould be budgeted through the fire department budget.
Total price not coun)ng any discounts or pre-pays is $1,417,543.
The truck is expected to take 14-16 months to build.
I f we s ign by 1/15/2021 w e can s ave a 3% price increase on 1/16/2021. ($42,000) (not reflected on
proposal)
I f we pre-pay the chas s is amount of $363,424 due approximately July of 2021 w e would deduct $13,959
off the total price.
I f we pre-pay the aerial amount of $475,914 due approximately O ctober of 2021 we w ould deduct $9,249
off the total price.
F inal payment of (+/-) $550,000 due approximately February - A pril of 2022 w hen delivery is made.
I f we s igned this agreement with G eneral F ire S afety/Ros enbauer through the H G A C joint purchasing
agreement, the end price s hould be $1,394,335.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera)onal Excellence
AT TA C H M E N TS :
D escrip)on U pload D ate Type
F ire Truck Resolu)on 1/5/2021 Resolu)on LeEer
P roposal 12/8/2020 Cover Memo
New F ire Truck D rawing 12/8/2020 Cover Memo
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION REQUESTING APPROVAL FOR A NEW FIRE TRUCK PURCHASE
WHEREAS, Fire trucks serve as a valuable life safety tool in protecting the
community of Brooklyn Center; and
WHEREAS, Brooklyn Center Fire needs to replace a 1993 Spartan 50’ tele squirt
fire truck; and
WHEREAS, After researching and meeting with 4 vendors since August 2020.
The committee has put forth a recommendation that the City Manager sign a purchase agreement
for a 100’ Rosenbauer tower fire truck; and
WHEREAS, The purchase order is received through the HGAC joint powers
group. Many fire trucks throughout the county are purchased through this cooperative of which
the City is a member; and
WHEREAS, The purchase agreement for the new fire truck is $1,417,543, with
the prepayment discounts outlined in the memo the final price would be $1,394,335; and
WHEREAS, The City will pay the entire discounted amount from our Capital
Replacement Fund; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, authorize the purchase of a New Rosenbauer Tower Fire Truck from
Custom Fire Apparatus, Inc in the amount of 1,394,335 and authorize the appropriate City officials
to execute the purchase order.
January 11, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
`
Member #Contract #
Purchaser: Supplier:
Address 1: Address 1:
Address 2: Address 2:
City, State, Zip:City, State, Zip:
Quantity
Steven Harris
City of Brooklyn Center
$1,417,543.00
General Safety Fire Apparatus
SUPPLIER
FS12-19 For Years 2019-2021
Purchaser
TOTAL
PURCHASE ORDER
City of Brooklyn Center
6301 Shingle Creek Parkway
Rosenbauer Dealer :
Print Name:
Title:
Date
Signature:
Salesperson:
Signature:
Purchaser:
Rosenbauer Minnesota, LLC
5180 260th Street
Wyoming, MN 55092
PO Box 549
Date:
425Delivery in Calendar Days:Purchase Order Number:
Brooklyn Center, MN 55430
1 $1,417,543.00
NOTES:
Price (Extended)PriceDescription
One (1) Rosenbauer Aerial, complete with Rosenbauer Commander chassis and
Rosenbauer King Cobra Platform per attached specifications.
$1,417,543.00
*Note: If chassis amount of $363,424.00 is paid upon arrival at our plant in Minnesota, deduct $13,959.00 each
*Note: If aerial amount of $475,914.00 is paid upon arrival at our plant in Minnesota, deduct $9,249.00 each
Change Window #1
RBM Chassis 0-60 days
RBA Aerial 0-60 days
Rosenbauer Body 0-60 days
Change Window #2
RBM Chassis 61-75 days
RBA Aerial 61-75 days
Rosenbauer Body 61-120 days
Change Window #3
RBM Chassis 76-120 days
RBA Aerial 76-120 days
Rosenbauer Body 121-180 days
Change Window #4
RBM Chassis After 120 days
RBA Aerial After 120 days
Rosenbauer Body After 180 days
*Note: Any late change orders that are factory driven will be done at cost and no additional mark up or penalties will apply.
BUYER INITIALS:
All changes are subject to a 25% mark-up, as well as a $250.00 change order processing fee. All changes are subject to factory review and may be denied due to engineering
or lead time issues.
All changes are subject to a 50% mark-up, and 50% restocking fee on deleted items, as well as a $250.00 change order processing fee. All changes are subject to factory
review and may be denied due to engineering or lead time issues. No major components can be changed at this time; major components are considered engine, transmission,
axles, suspension, cab, frame (wheelbase), seats, water pump and water tank.
This change order policy is intended to reflect the increased cost of changes which result in delayed deliveries, confused paperwork, poor production flow and increased potential of
trucks being built to incorrect specifications. With your cooperation, changes can be kept to a minimum which means we will be able to reduce lead times, increase production and
maintain costs which will benefit all of us.
Our objective is accurate, high quality and on-time deliveries exceeding our customer expectations.
Changes any time after the order is received may delay the quoted delivery date. Significate design or component changes will have the largest impact on the schedule and quoted
delivery date. Changes that occur later in the process will also have the largest impact on the schedule and quoted delivery date.
All time fences are reference to contract execution date if not otherwise stated.
APPENDIX C
CHANGE ORDER POLICY
All changes will be priced at standard pricing and specials will be priced through our normal process. Significant changes made to the vehicle during this time period may result
in a delivery extension.
Changes are not recommended at this time. Any changes requested will be priced on a time and material basis, as well as a $500.00 change order processing fee. Any
changes requested, and that are quoted to the customer, must be approved by the customer within three days or they will not be valid.
C ouncil R egular M eeng
DAT E:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager
BY:Barb S uciu, C ity C lerk
S U B J E C T:Res olu+on S elec+ng P res iding O fficers -Mayor P ro Tem and A c+ng M ayor P ro Tem
B ackground:
S ec+on 2.06 of the City Charter requires the Council to choose from its members a P resident P ro Tem w ho
s hall hold office at the pleasure of the council and shall s erve as P res ident in the Mayor's absence and as
Mayor in case of the M ayor's disability or absence from the City.
City Council Res olu+on No. 92-262, Es tablishing and D esigna+ng an A c+ng P resident P ro Tem of the C ity
Council, s tates the mos t s enior Council member s hall preside in the abs ence of both the M ayor and
P resident P ro Tem, and that in the event two or more members have equal seniority, then that member
s hall preside w ho received the most votes in their mos t recent elec+on.
D an Ryan (first elected November 7, 2006)
Kris L awrence-A nders on (first elected November 6, 2012)
A pril G raves (first elected November 4, 2014)
Marquita Butler (firs t elected November 8, 2016)
B udget I ssues:
There are no budget is s ues to consider.
S trategic Priories and Values:
O pera+onal Excellence
AT TA C H M E N TS :
D escrip+on U pload D ate Type
Res 92-262 1/11/2019 Backup M aterial
C ity C harter 1/11/2019 Backup M aterial
C ouncil R egular M eeng
DAT E:1/11/2021
TO :C ity C ouncil
F R O M:C urt Boganey, City Manager
T H R O U G H :N/A
BY:C urt Boganey, City Manager
S U B J E C T:Res olu&on A mending the H os pitality Licens e for Radis s on H otel
B ackground:
O n November 9, 2020, the C ity C ouncil approved a H os pitality Licens e with condi&ons .
The propos ed resolu&on extends the approval with new condi&ons.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera&onal Excellence
AT TA C H M E N TS :
D escrip&on U pload D ate Type
Res olu&on 1/7/2021 Resolu&on Le4er
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO. 2021-___
RESOLUTION AMENDING THE CURRENT HOSPITALITY ACCOMMODATIONS
LICENSE ISSUED TO RADISSON HOTEL BROOKLYN CENTER
WHEREAS, in 2020 Nupen Patel (“Applicant”), owner of the Radisson Hotel Brooklyn
Center, 2200 Freeway Boulevard, Brooklyn Center, MN 55430 (“Hotel”), submitted an
application to the City of Brooklyn Center (“City”) requesting to renew the hospitality
accommodations license for the Hotel; and
WHEREAS, the City Council, after notice having been provided to the Applicant,
conducted a hearing on the requested license at its October 12, 2020 and directed staff to prepare
a resolution authorizing issuance of the requested License with certain conditions to address
public health, safety, and welfare;
WHEREAS, the City Council, at its November 9, 2020 meeting, adopted Resolution No.
2020-108 approving the issuance of the license (“Current License”) for the Hotel with certain
conditions, including that “No more than 50 lodging units (guest rooms) in the hospitality
accommodation may be used as part of the homeless shelter use” (“Lodging Unit Cap”); and
WHEREAS, the Applicant has requested an amendment to the Current License to allow
for an increase in the Lodging Unit Cap up to 100 lodging units; and
WHEREAS, City Council has determined that an increase in the number of lodging units
is appropriate, provided measures can be put in place that prevent the health, safety and welfare
issues previously experienced with the homeless shelter use at the Hotel due to the prior lack of
on-site resources to adequately manage the use; and
WHEREAS, the City Council has determined that an increase in the Lodging Unit Cap to
100 is permitted, provided it is done so in a stepped increase and the City reviews and approves
each step in the increase and there is a process to decrease the Lodging Unit Cap if the City
determines the use at the particular level is placing an unreasonable strain on City services or that
the on-site services are not effectively managing the use; and
WHEREAS, the City Council determines it is appropriate to amend the Current License
to establish a performance-based stepped increase in the Lodging Unit Cap to give the Applicant
an opportunity to expand the homeless shelter use during the pandemic, provide the Applicant
complies with the conditions imposed in the Current License, as amended by this Resolution;
and
WHEREAS, it is the intent of the amendment authorized herein to continue to allow the
Hotel to use at least 50 lodging units for the homeless shelter use, but to allow the Hotel to make
a request to the City to increase the Lodging Unit Cap by 25, and after a period of time provide
an opportunity for the Hotel to seek approval from the City to increase the Lodging Unit Cap by
an additional 25 up to a total of 100 lodging units.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center as follows:
1. The Current License is amended by replacing condition 1.b imposing the Lodging Unit
Cap with the following:
b. No more than 50 lodging units (guest rooms) in the hospitality accommodation may
be used as part of the homeless shelter use, unless the Hotel requests, and the City
approves, an increase in that number pursuant to the following procedure:
(1) The Hotel may make a written request to the City to increase the number of
lodging units that may be used for the homeless shelter use by 25 lodging units,
up to a total of 100 lodging units. The Applicant has already submitted a request
for the first 25 Lodging Unit increase. City staff has reviewed the request and
determines the first increase can be approved. Therefore, the City Manager is
authorized to issue written approval for an initial increase of 25 Lodging Units,
bringing the current total of authorized homeless shelter Lodging Units to 75
effective as of the date of the written approval.
(2) The City shall review future requests and determine whether to approve the
increase based on its determination of whether there are sufficient services at
the Hotel to adequately manage the increased use. The City may consider the
amount of City services being requested or is otherwise being provided to the
Hotel as part of its determination. The City shall provide the Hotel a written
notice of its decision regarding the requested increase. If denied, the Hotel shall
not resubmit a request for an increase within 30 days of the denial. If approved,
the number of lodging units that may be used for the homeless shelter use shall
be increased by 25 as indicated in the notice. Another request for an increase
in lodging units shall not be made within 60 days of an approved increase.
(3) If the City determines an approved increase in the number of lodging units has
caused the use to exceed the on-site service, or it has placed an unreasonable
strain on City resources, the City may issue the Hotel a written revocation of
the increase. The Hotel shall, within 30 days of the revocation, return the
number of lodging units being used for the homeless shelter use to no more than
the previously approved number as indicated in the revocation notice.
(4) The Hotel shall keep current records of the number of lodging units being used
for the homeless shelter use. At no time shall that number of lodging units
being used for the homeless shelter use at the Hotel exceed 100.
2. The City Manager is authorized to approve an increase, and to revoke a previously
approved increase, in the Lodging Unit Cap as provided herein.
3. The Current License remains in effect and this amendment does not alter any other
term, provision, or condition in the Current License.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Council/E D A Work
S ession
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection via
telephone Dial: 1-312-626-
6799 Meeting I D:
97680230856# P asscode:
7635693300#
J anuary 11, 2021
AGE NDA
AC T I V E D IS C US S I O N IT E M S
1.Community C elebration Name
2.Mixed-I ncome Policy and NO A H P reservation P olicy Discussion
P E ND I NG L IS T F O R F UT URE WO RK S E S S IO NS
1.P ending I tems
Council Retreat Follow-up
Council Policy f or City C harter requirement of Mayor's signature
on all contracts
S trategic Plans f or years 2018-2020 and 2021-2023
Review S pecial A ssessment Policy
O pportunity Site Update
E arle B rown Name
Tobacco Ordinance
M EM OR ANDUM - COU N C IL WORK SESSION
DAT E:1/11/2021
TO :C ity C ounc il
F R O M:C urt Bo ganey, C ity Manager
T HR O UG H:N/A
B Y:C o rnelius L. Bo ganey, C ity Manager
S UBJ E C T:C o mmunity C elebratio n Name
Recommendation:
- C ou n cil direction regardin g a p oten tia l change in the n a me of the An nual C ity C elebra tion.
B ackground:
F o r several years s taff has d is cus s ed ways to improve pub lic p artic ip ation in the annual C ity C eleb ration
kno wn as Earle Brown Days. In it's earlier stages the Earle Bro wn Days C o mmittee c o mp o s ed of res id ent
volunteers with s taff s upport assumed the primary role fo r planning this multi-d ay event. T he C ity made
relatively s mall d irect financ ial c o ntrib utio ns and relied upon c o mmittee fund rais ing to c o ver muc h o f c o s ts ,
inc luding fire works exp ense.
O ver the years , the level of volunteer particip ation has dec lined and the C ity role fo r planning and fund ing has
inc reas ed . T hrougho ut this time, staff has tried a variety of ap p ro aches to b ro ad en community p artic ip atio n in
events and in planning fo r the event.
O ne of the ways to encourage community involvement that has been frequently dis c ussed has b een a c hange in
the name of the event. It has b een s taffs b elief fo r s ome time that the Earle Bro wn Days brand does not
immed iately res o nate with the changing c o mmunity o f Bro o klyn C enter. W hile we don't as s ume that a name
change will auto matic ally res ult in increased c o mmunity involvement and partic ip ation. We d o believe it c ould
b e an important firs t s tep toward re-c reating a C o mmunity C elebratio n that will be enc o uraging to residents
who feel little c onnec tion to the agric ultural pas t of the C ity.
F urthermore, the c urrent controvers y regarding the alleged Ku Klux Klan as s o c iatio n b y S heriff Brown can
o nly exacerbate the brand ing problem fo r a c eleb ration that is intended to bring the c o mmunity to gether. It is
imp o s s ib le to imagine ho w continuing the us e o f Earle Brown Days, will help b uild community, which is the
p urpose o f an annual celebratio n.
My limited res earc h of the sub ject sugges ts that a s mall perc entage o f c o mmunity celebratio ns are named after
individ uals. T his may be true bec ause it is diffic ult to id entify a who is flawles s o r s omeone who clearly
p ers o nifies or c aptures the essence o f the co mmunity.
S taff d o es not have a rec o mmended new name fo r an annual c o mmunity c elebratio n at this time. But we are
p rep ared to c ame b ack to the C o uncil if sugges tio ns if yo u would like.
T hes e sugges tio ns could be eas ily informed by s olic iting input fro m the community through a variety o f survey
metho d s . We c o uld eas ily s p o nsors a c o ntes t for the naming of the event. T he C ounc il c o uld d ecide.
O bvio usly, there are numero us ap p ro aches that c ould be used.
We could elec t to us e a generic name i.e. "Bro o klyn C enter Days " for the c urrent year and let the community
d ecide o ver next s everal months .
At this stage, we are s eeking C ounc il direc tio n s tric tly related to this o ne event. Unlike the Heritage C enter, the
community celeb ration has no direc t connec tio n to S herriff Brown o r to the founding histo ry o f
the c o mmunity, fac to rs that yo u may cho o s e to c ons id er as a dec is io n is mad e regard ing the naming o f other
p ublic ly o wned as s ets .
Policy Issues:
Do es the C ounc il have s uffic ient info rmation to p ro vide d irectio n?
Will a change in the name of annual community c eleb ration best serve the interes t of Brooklyn C enter res idents
and s takehold ers ?
If a c hange in name is warrant, ho w s hould a new name b e estab lis hed?
M EM OR ANDUM - COU N C IL WORK SESSION
DAT E:1/11/2021
TO :C ity C ounc il
F R O M:C urt Bo ganey, C ity Manager
T HR O UG H:
B Y:Meg Beekman, C o mmunity Development Directo r
S UBJ E C T:Mixed -Income P o licy and NO AH P res ervatio n P o licy Dis c us s io n
Recommendation:
B ackground:
Overview
Ho using and the p o licy issues related to hous ing have b ecome s o me of the mo s t p res s ing and important
matters fac ing c ommunities to d ay. F o r most s uburb an communities , hous ing c ompris es a signific ant majo rity
o f a cities land us e and tax base. Maintaining and pres erving a s afe, q uality, and des irable hous ing sto ck is
critical to a c ommunity's lo ng term ec o nomic health and res ilienc y. F urther, a d ivers e hous ing sto ck whic h
o ffers a wide range o f ho using cho ices and pric e points ensures that a community c an b e resilient thro ugh
econo mic ups and downs as well as p ro vide ho us ing o p tions for a divers e p o p ulatio n thro ughout their lives . In
ad d ition to maintaining a quality and divers e s upply of hous ing, communities are more and mo re bec o ming
fo cus ed on c onc erns regard ing livab ility and ac c es s ib ility of hous ing.
T he Twin C ities Metro p o litan Area is currently exp erienc e rec o rd low vacanc y rates . Acc o rd ing to Marquette
Ad visors’ midyear report from Augus t 2019, the average vacancy rate ac ros s the s even-c o unty metro area is
2.3 p ercent. Experts agree that a b alanc ed rental market will typ ically see an average vac anc y rate o f around 5
p ercent. T he effec t o f low vacancy rates over time is increasing rents , a growing interest from o uts id e
inves tors, and landlords in a positio n to b e c ho o s ier about who they rent to .
B rooklyn C en ter ’s C urren t R enta l H ou sin g
T he result o f the regio nal trend s desc rib ed ab o ve are being felt in Brooklyn C enter. Vac anc y rates in the
community remain lower than the regional average, hovering around 2 p ercent. T his is common in c o mmunities
with mo re affo rd ab le rental units.
T hirty-s even p erc ent o f Bro o klyn C enter's hous ing s to ck is comprised o f rental units . O f the C ity’s s ingle-
family hous ing, about 8 p ercent are rental. Nearly 100 p ercent o f the multi-family ho using in Brooklyn C enter
are one and two bedroom units b uilt between 1961 and 1971, and nearly all o f it is naturally oc curring
affo rd ab le hous ing (NO A H). Average rents in Brooklyn C enter are naturally oc c urring affordable b ecaus e the
market rents, b as ed on the age and cond ition o f the units make them afford ab le at around 50 perc ent AMI in
the metro p o litan area. R ents in Bro o klyn C enter are lower than the regional average. Approximately 90 perc ent
o f all o f the ho us ing units in Brooklyn C enter is NO AH.
W hile NO AH p ro p erties are affordable, they c an be at ris k o f being lo s t as market demand increases and rents
continue to go up . T hey can also experience dis inves tment over time, caus ing d eterioratio n, loss o f value, and
mo s t imp o rtantly p o o r quality or uns afe living s ituations if they are no t p roperly ins p ected and maintained. At
p res ent 4.1 perc ent o f all units are legally b ind ing, o r s ub s id ized affordable units . 10.9 perc ent of rental units
are legally b ind ing affordable. S ub s id ized affo rd ab le units are hous ing units that are required to maintain an
affo rd ab le rent regard les s of s hifts in market demand . Due to their financ ing s truc ture, they also must be
maintained to a c ertain minimum standard. O ne of the go als of affo rd ab le hous ing advo cates is to p res erve
existing NO AH p ro p erties b y converting them to legally b inding affo rd ab le units thro ugh NO AH p res ervation
p ro grams. With the cons tructio n o f S ond er Ho us ing, R eal Es tate Equities will be ad d ing 270 units of legally
b inding new affo rd ab le ho using units to the c ity. T hes e will b e the firs t new c ons tructio n multi-family hous ing
units b uilt in Brooklyn C enter s inc e 1971, and will inc reas e the p ercentage o f legally b inding affo rd ab le units to
6.6 p ercent of all units and 17.1 p ercent o f rental units .
T h e C ity's 20 4 0 C omp reh en sive P lan identifies severa l b road h ousing goa ls
2040 Hous ing & Neighb o rhood G oals:
P ro mote a d ivers e hous ing sto ck that p ro vides s afe, s table, and ac ces s ib le ho using o p tions to all of
Brooklyn C enter ’s res id ents .
R ecognize and identify ways to matc h Bro o klyn C enter ’s hous ing with the C ity’s changing
d emo grap hic s .
Explore opportunities to imp ro ve the C ity’s ho using p o licies and o rdinanc es to make them mo re
res p o ns ive to current and future residents .
Maintain the exis ting hous ing sto ck in p rimarily s ingle-family neighbo rhoods thro ugh p ro p er ordinanc es ,
inc entive programs and enfo rcement.
Explore opportunities to inc o rp o rate new affo rd ab le ho using into red evelopment areas that promote
s afe, s ec ure and econo mically divers e neighborho o d s .
In additio n to thes e goals, the 2040 C omprehens ive P lan id entifies implementation s trategies as well as
res o urc es and tools fo r ac hieving its ho using go als . T hes e are contained in C hapters 4 and 9, o f the Ho us ing
and Implementation c hapters respec tively (attac hed).
B ackground
In Ap ril 2018, the C ity C o uncil d is cus s ed several p o s s ib le polic ies to addres s affordable hous ing issues . T he
memo from that dis c us s ion is attached to this report. Based o n that d is cus s ion, C o uncil d irected staff to mo ve
fo rward with a Tenant P rotectio n O rdinanc e, and in Dec emb er 2018, it was ad o p ted.
In March 2020, T he C ity C o uncil d is cus s ed hous ing polic y as it c enters aro und two d is tinct to p ic areas :
1) Ho using choic e - W hat is the composition and c o nditio n o f the current hous ing s to ck? W hat are the c urrent
market demands fo r ho using? Ho w d o es the c ity's ho using s toc k relate to the market, and does the c ity have
enough and the right type to meet current and future need?
2) Affordable ho us ing p o licies - W hat c an the c ity d o to improve livab ility and ac c es s ib ility to q uality
affo rd ab le hous ing for res id ents ? W hat best p rac tices exist to sup p o rt an effec tive ap p ro ach to addressing the
need fo r afford ab le ho using in the c o mmunity? W hat p o licies are mo s t effec tive to prevent displac ement?
At the wo rk s es s ion the C o uncil cons id ered a wo rk p lan that would take a c omprehensive review o f the C ity’s
hous ing polic y approac h related to thes e two dis tinc t topic areas and p ro vid ed direc tion to staff. T he staff
rep o rt fro m that meeting is attac hed.
At that meeting, the C ity C o uncil expressed s up p o rt to explore a NO AH p res ervatio n p ro gram and a mixed-
inc o me ho using polic y (o r inclus io nary ho us ing polic y) as part of the C ity’s s trategy to create stab le, q uality
hous ing for all inc o mes in the community. T he p urpos e o f this d is cus s io n is to p ro vide informatio n o n thes e
two polic y programs to the C o uncil and get d irec tio n o n how to proc eed .
Mixed-Income Housing Policy
A Mixed -Inco me Hous ing P olic y, als o known as inc lusionary hous ing requires a s et aside o f a certain
p ercentage of units or fee per unit fo r affordab le ho us ing when new multi-family hous ing is d eveloped. Mixed -
inc o me polic ies p ro vide d evelopers with clear and c o nsistent exp ectations o f develo p ment in the community. A
Mixed -Income Hous ing P olic y p ro vides for a value exc hange b etween the lo c al d eveloper and the c o mmunity,
p ro viding affordable hous ing for res id ents while the d eveloper receives a new p ro ject in their p o rtfolio;
however they are not implemented without co s t.
Key components o f the Mixed -Income Hous ing P olic y inc lude:
Applicability – T he polic y id entifies when it will ap p ly. Different c ities have d ifferent standards as to
when this trigger p o int oc curs . Brooklyn P ark’s p o licy for example applies to all develo p ments that ad d
o r c reate ten o r more res id ential rental units and that rec eive:
- C ity o r EDA financial as s is tance
- Master or amend ed P UD (would require a c hange o f c ity ordinanc e)
- Zoning C o d e Amendments (would require a c hange o f c ity ordinanc e);
- O r C omprehens ive P lan Amend ments
Affordability requirements – T he P olic y s tates what the affo rd ability req uirements are. S o me mixed
inc o me p o lic ies have optio ns which allo w d evelopers to cho o s e ho w many units, based o n the
affo rdability. P ro viding o p tions allows flexibility within a p ro ject. Belo w is an examp le of what that c o uld
lo o k like. S o me mixed -inc o me polic ies als o allow develo p ers to pay a fee to the c ity ins tead o f providing
units within their develo p ments . F unds p aid to the city are then us ed to c reate affordable hous ing
els ewhere, either b y fund ing a NO AH pres ervation program or funding the c o nstruc tion of new
affo rdable units in o ther loc ations . Edina’s mixed -inc o me polic y is an example o f one that provid es this
o p tion.
Options
(choose one)Min. Number of Units Required Affordability Standard
5%Affo rd ab le for HH at 30% AMI
10%Affo rd ab le for HH at 50% AMI
15%Affo rd ab le for HH at 60% AMI
Affordability period – T he polic y s tates how long the affordability is req uired fo r. 15-20 years is fairly
commo n in thes e types o f polic ies .
Distribution of affordable units – T he polic y would typic ally s tate that the affordable hous ing units
s hould b e c o ns is tent to the market rate units in q uality o f c o nstruc tio n and finis h, with units intermixed
within the s ame d evelopment.
N on-dis criminatio n – T he polic y would typ ically s tate that d evelopments c o vered by this
P o licy mus t not disc riminate against tenants who pay rent with fed eral, s tate, o r lo cal p ublic
as s is tanc e, includ ing, b ut not limited to rental as s is tanc e, rent s upplements, and Hous ing C hoic e
Vouchers .
Other considerations - Mixed inc o me p o licies c an als o inc lude other types of inc entives to
enc o urage o r as s is t the develo p er with s up p lying the affordable ho using. F o r example, o ne of the
mo s t exp ense as pec ts o f c o ns truc tio n that adds cost to p ro jects , and thus d rives up rent, is enc lo s ed
o r und erground p arking. R educed parking requirements c an have a signific ant effect on c o nstruc tio n
costs . T he C o uncil c o uld cons id er inc luding p arking stall red uc tions as an additio nal incentive to
p ro viding mixed -inc o me units .
F in a n cial Implication s
In Bro o klyn C enter, generally s p eaking multi-family res idential d evelopment does not generate high eno ugh
rents to c o ver the c os t of cons tructio n. T herefo re, any new multi-family develo p ment wo uld very likely require
s o me form of gap financing in o rd er to be feas ible. T here are different ways that d evelopers can fill financ ial
gaps:
F ed eral lo w-income hous ing tax credits (LI HT C )
S tate and/o r C ounty grant s o urc es
S tate lo an/mo rtgage p ro grams
Lo cal Tax Increment F inancing
Lo cal Tax Abatement
Lo cal fee waivers
Land us e/zoning c o nc es s io ns
S o me of thes e s o urc es require vario us fo rms o f affordability and o thers do no t. C ity req uired affo rd ab ility
req uirements inc reas e financial gaps, whic h mus t b e filled b y lo cal s o urc es . I n o ther wo rd s , ap p lying a mixed
inc o me ho using polic y will inc reas e the need for c ity s ubsidy and may make s o me projec ts financially infeas ible
altogether. In additio n, the C o uncil may need to balance using T I F funds to ac hieve mixed income affo rdability
goals versus ac hieving o ther c o mmunity benefits that are d es ired as p art of the projec t.
Ehlers analyzed the c o s t p er unit to c o nstruc t new affo rd ab le units based on their affo rd ab ility level and the
length of time the affo rd ab ility wo uld b e required. T his cost represents the likely gap to the p ro ject c reated with
the inclus io n of tho s e units . Below is a tab le rep res enting the res ults of their analys is .
C ompliance
S imilar to a develo p ment agreement, affo rdability req uirements fo r the d evelo p ment wo uld b e outlined in an
Affo rd ab le Ho us ing P erfo rmanc e Agreement s igned b y the C ity and d evelo p er. T he P erfo rmanc e Agreement
would include the loc ation and number o f affo rd ab le ho using units, rental terms and oc cup anc y req uirements ,
timetab le for c o mp lianc e, affo rd ab ility restric tions and any o ther terms the C ity req uires. To ens ure complianc e
with the P erfo rmanc e Agreement, the C ity would require the p ro p erty owners /managers to cond uc t annual
inc o me c ertific atio ns fo r ho useho ld s living in affo rd ab le units whic h would b e reviewed b y C ity staff every
three years . T he inc o me qualificatio n p ro ces s wo uld fo llo w the Hous ing and Urb an Development (HUD)
inc o me c ertific atio n p ro cess. S taff wo uld monitor compliance and the C ity c o uld charge the property o wner a
fee to c o ver s taff exp enses related to mo nitoring. T his would likely b ecome part of the rental licens ing pro c es s ,
b ut is not c urrently a func tion of the program. It would require additio nal enfo rc ement and ad d itional reso urc es
to carry out.
W hat are other C ities in the reg ion doing to p romote mixed-in come or inclu sionary hou sin g ?
T he polic ies and p ractices to p ro mo te mixed -inc o me and affordable hous ing vary from city to city. A numb er
o f other cities in the regio n have adopted mixed-income hous ing polic ies or us e them in p ractice. Bro o klyn
P ark ad o p ted a mixed-income p o licy in 2018, which was largely b as ed on p o lic ies ad o p ted b y the C ity of S t.
Lo uis P ark and the C ity of G olden Valley. C ities with kno wn mixed -inc o me p o lices o r prac tic es are lis ted
b elo w:
S t. Louis P ark
Ed ina
G olden Valley
Minneap o lis
S t. P aul
Ed en P rairie
C haska
N ext S tep s
S taff will move forward based o n the direc tio n p ro vided b y the C ity C o unc il this evening. If the C ounc il
cho o s es to mo ve fo rward with ad o p ting a mixed-income p o licy the next s tep s wo uld b e:
Drafting a mixed-income p o licy and b ringing it bac k to C ity C ounc il fo r c o ns ideratio n
Implementing the p o licy
N OAH P reservation Program
As the C ity has d o ne engagement fo r the 2040 C o mp rehens ive P lan and the O pportunity S ite, many
d is cus s io ns have o cc urred with renters around the community related to ho us ing. O ne theme from thes e
d is cus s io ns has been a concern that the C ity’s fo c us is too muc h o n new c ons tructio n o f affordable hous ing in
the future on the O p p o rtunity S ite, and no t eno ugh o n imp ro ving the exp erienc es and cost of living o f exis ting
renters to d ay.
In fac t, preserving exis ting affordable hous ing c an be muc h mo re effic ient and c os t effec tive than build ing new
affo rd ab le hous ing. Many cities are d eveloping NO AH preservation programs with that goal in mind. A
p res ervatio n program c an b e set up in various ways , but es s entially how they work is to inc entivize existing
NO AH p ro perty o wners into s etting aside a p erc entage of rental units as legally b inding affo rd ab le units fo r a
s et p erio d of time.
T he S tate o f Minnes ota provid es a p ro p erty tax break for s ubsidized rental p ro p erties und er the Lo w Inco me
R ental C lassific atio n P ro gram (L I R C ), c o mmonly referred to as the "4d " p ro gram. 4d is o ne o f S everal tax
classific ations the S tate o f Minnes o ta ap p lies to rental property. C las s 4d p ro p erty is taxed at a class rate of
0.75%, ap p roximately 40% les s than other clas s ificatio ns. Non-s ubsidized properties are eligible fo r the 4d tax
classific ation when a property meets two c ond itions :
1. T he property o wner agrees to rent and income res tric tions s erving hous eho ld s at 60% o f the AMI or
b elo w.
2. T he property receives financ ial assistanc e fro m federal, s tate o r lo cal government requiring rent and
inc o me res tric tions . At leas t 20% of the units must meet the inc o me requirements . T he 4d tax s tatus
ap p lies o nly to the rent/income-q ualifying units . T he ap p licatio n d ead line to Minnes o ta Ho using is
Marc h 31 o f eac h year fo r taxes p ayab le the fo llo wing year.
In order to do this , the C ity would c reate a NO AH p res ervatio n fund . It is es timated that the T I F 3 Ho us ing
F und will have a b alanc e when T I F 3 d ecertifies at the end of 2021. T hes e fund s c o uld b e us ed to seed a
NO AH p res ervation fund. S taff wo uld work with exis ting rental p ro p erty o wners to provid e a mo d es t s ub s id y
fo r build ing rehabilitation or capital improvements , whic h would then be co mb ined with a 4D tax classific atio n
b enefit to pro vide a property tax break, currently amounting to 40%. In exc hange, the property o wner would
agree to s et as ide c ertain units as affordable for a s et period o f time. T he res ult is the preservation of NO AH
units thro ugh a legally bind ing c o ntract. S taff has drafted a p ro p o s ed NO AH P res ervatio n P ro gram which is
attached to this report for d is cus s io n p urpos es .
S avin g s to R enta l P rop erty O wners (C ost to O th er Ta xp a yers)
No n-4d apartments have a tax c las s rate of 1.25%. Units classified as 4d have a tax c las s rate of 0.75% (fo r the
firs t tier). A bill that would reduce the c las s rate fo r affordable rental ho using from 0.75% to 0.25% was
intro d uc ed at the Legis lature this year. W hile it d id n't pass this session, it co uld b e reintroduced in future
s es s io ns. T his wo uld inc reas e the s avings per unit that a land lo rd c o uld achieve, inc reas ing the inc entive to
p artic ip ate in the p ro gram, also inc reas ing the impac t o n a c ity’s tax b as e.
Example O ne:
50-unit build ing valued at $4,627,000
Brooklyn C enter 2020 C ertific ation of MN Low-Income R ental C lassific atio n
Ad d res s To tal
Units
Q ualify
P ercent P ro p erty Name
6130, 6138 BS 6200 F rance Ave
N 23 100%Ewing S q uare To wnhous es
7256 Unity Ave N 112 100%Unity P lace
6121 Bro oklyn Blvd 158 100%T he S anctuary at Brooklyn
C enter
6915 Humboldt Ave N 50 100%Lynwo o d P o inte
6920 & 6910 Humb o ld t Ave N,
1302 & 1308 69th Ave N 128 100%C arrington Drive
Total:471
No n-4d p ro p erty taxes es timate $4,627,000 x 0.0125 = $57,837.50
4d p roperty taxes (all units): $4,627,000 x .0075 = $34,702.50
S avings $23,135 ($462/unit)
Example Two:
50-unit build ing valued at $4,627,000
No n-4d p ro p erty taxes es timate: $4,627,000 x 0.0125 = $57,927.50
4d p roperty taxes (all units): $3,453,000 x .0025 = $11,567
S avings $46,360 ($927.21/unit)
Another way to analyze the affect of a NO AH P res ervatio n p ro gram is on o verall tax base. O ne example to
illustrate this is if the C ity were to have a goal of eventually inc luding 20 perc ent o f its rental units in the
p res ervatio n program. T his wo uld eq uate to 868 units . At p res ent there are 471 units alread y inc luded in the 4d
p ro gram with ano ther 270 under cons truction. T his wo uld mean fo cus ing o n ad d ing an additio nal 127 units into
the program. As s uming the tax rate red uc tion remains at 40 perc ent, the average unit will see a tax s avings of
$600 per year. T his would wo rk o ut to be an annual property tax reductio n from thes e multi-family units o f
$76,200.
In additio n to the annual p ro p erty tax red uc tio n, the p ro gram would include a one-time upfront inc entive in the
fo rm of a matc hing grant that p ro p erty owners wo uld use fo r c o mmo n capital imp ro vements to the building.
Minneapolis provid es very little incentive. S t. Lo uis P ark p ro vides mo re. F or Brooklyn C enter, S taff would
p ro p o s e a matc hing grant up to $1,000 p er unit not to exceed $25,000 p er p ro p erty to encourage common area
imp ro vements and energy improvements to b uildings . T his would encourage participatio n as well as
imp ro vements to properties that wo uld b enefit all renters in the build ing.
C u rrent 4d P roperties in the C ity
4 d P rogra ms in other C ities
Minneapolis, S t. P aul, S t. Louis P ark, Broo klyn P ark and Ed ina have appro ved 4d p ro grams. All programs
are modeled after the p ro gram d eveloped by the C ity of Minneapolis. T he programs offer a modest-s ized grant
and 4d p ro p erty tax s tatus in exchange for pres erving affordability. Brooklyn P ark's p ro gram is also p aired
with available financ ing to encourage nonp rofit buyers to p urc hase NO AH properties to preserve them. It was
thro ugh this p ro gram that they as s is ted the ac quis ition of Huntingto n P lace by Aeo n.
Income
Limits
B enefits Time
Limit
B uilding
S ize
Other
Minneap o lis 20% o f the
units at 60%
AMI
$150
ap p licatio n fee
G rant of
$100/unit
Max
grant=$1,000
10 years 2+Energy as s es s ment and
imp rovements encouraged
R entinc reas es for existing
tenants <6% annually
S t P aul 20% at 60%
AMI
(preference
to 50%)
$150 applic atio n
fee
G rant o f
$100/unit
Max grant=
$1,000
10 years 2+R ent inc reas es for existing
tenants < 3% annually
S t Lo uis
P ark
20% at 60%
AMI
$150
ap p licatio n fee
G rant of
$200/unit
Max
grant=$6,000
10 years 3+R entinc reas es for existing
tenants <5% annually
Energy as s es s ment req uired
Energy improvements
enc ouraged
Edina 20% at 60%
AMI
G rant o f
$100/unit
Max G rant for
Energy
imp ro vements
$30,000
15 years 4+R ent inc reas es for existing
tenants < 6% annually
Energy As s es s ment and
Impro vements Enc o uraged
Area M ed ian I n come R ent L imits - 2020
---- Maximum G ros s R ents by Bed ro o m S ize (4/1/2020)
0 1 2 3 4
50%A MI 905 970 1163 1344 1500
60%A MI 1086 1164 1396 1613 1800
70%AMI 1267 1358 1629 1882 2100
Bec ause rents in Brooklyn C enter are naturally more affo rd ab le, this program has the opportunity to be
effective to loc k in a perc entage o f units at 50-60 perc ent AMI no w, b efo re rents increase to the point o f b eing
unaffo rd ab le. T hus preventing displac ement b efo re it oc curs . F urther, b ecaus e landlords would no t need to
nec es s arily reduc e rents to participate in the program, the barrier o f entry is low, making it more likely to b e
s uc cessful.
K ey C omp on en ts of a N O A H P reservation P rog ram
Applicability - Different programs inc lude eligibility fo r different s ized b uildings. To begin the program
s taff wo uld recommend foc using o n properties with five units or more.
Affordability - Mo s t cities follow the s tate mandated 60 p ercent AMI affordability. Bec ause rents in
Brooklyn C enter are o n average more affordable, staff wo uld recommend s tarting the p ro gram with the
goal of ac hieving rents affordable at 50 p erc ent AMI. If the C ity finds it too d ifficult to entice p ro perty
o wners to p artic ip ate at the lower affo rd ab ility, the p ro gram could be reviewed.
Affordability Period - Mo s t cities ' p ro grams p ro vide an affo rd ab ility req uirement o f 10-15 years.
Eligibility - T he p o licy wo uld inc lud e eligib ility in terms of which p ro p erties could apply for the
p ro gram. S taff would rec o mmend allowing Type I and I I rental licens e p ro p erties o nly to apply, as thes e
p ro p erties have d emo nstrated they are well maintained and are no t exp erienc ing deferred maintenanc e
is s ues.
N ext S tep s
S taff has b egun drafting a NO AH P res ervation program whic h is attac hed for d is cus s io n p urposes this
evening. Based on the d is cus s io n this evening s taff will make c hanges to the p ro gram and b ring it bac k to
C o uncil fo r c ons id eration.
S taff has b egun reac hing o ut to loc al land lords to d is cus s the p ro gram and get feed b ack on the p ro p o s ed
p arameters, as well as s o licit interest if a program were to b e estab lis hed. T he res ults o f this effo rts will be
compiled and s hared with C ity C o uncil alo ng with any c hanges to the program at a future meeting.
Policy Issues:
Mixed-I nc o me Hous ing P olic y Dis cus s ion
1) Does the C ity C ounc il want to move fo rward with a mixed -inc o me hous ing polic y?
2) If so:
- W hen would it apply?
- W hat affo rd ab ility c hoic es wo uld the C o unc il like to o ffer?
- W hat d uration s ho uld the affordability be fo r?
- Are there other inc entives the C ounc il would like to c o nsider with the p ro gram?
NO AH P res ervation P rogram Disc us s io n
1) Does the C ity C ounc il want to mo ve fo rward with a NO AH P res ervatio n p ro gram?
2) If so:
- W hat c ons id erations or concerns does the C o uncil have about the draft p ro gram prepared b y S taff?
- W hat duratio n s hould be cons id ered in terms o f affordability?
- W hat should be the go als of the program in terms o f perc entage o f rental units to inc lude in the program?
- Is the C ity C o uncil comfortab le with an affo rd ab ility level of 50% AMI?
S trategic Priorities and Values:
R es id ent Ec ono mic S tability
AT TAC HME N T S :
Desc rip tion Up lo ad Date Typ e
DR AF T NO AH P res ervation P rogram 8/4/2020 Bac kup Material
March 9, 2020 Work S ession Memo 8/4/2020 Bac kup Material
April 4, 2018 Wo rk S es s io n Memo 8/4/2020 Bac kup Material
LI R C G uide 6/23/2020 Bac kup Material
C hap ter 4 - Ho us ing and Neighb o rhood 8/3/2020 Bac kup Material
Brooklyn Center 4d affordable housing incentive program
Due to recent housing, economic and demographic trends, Brooklyn Center is experiencing an
affordable housing need. Already burdened low- and moderate-income tenants are increasingly paying
more than 30 percent of their income on rent and utilities. At the same time, many rental property
owners are faced with increased operating and maintenance costs, as well as market opportunities to
increase rents.
In response, the city is offering incentives for rental property owners to reduce property tax liability,
improve energy efficiency and address conditions of aging buildings, if present. The goal is to preserve
affordability, reduce energy use and enhance healthy homes to support tenants and strengthen the
bottom line for property owners.
Benefits to property owners
Qualified market rate building owners that agree to keep a minimum of 20 percent of units per building
affordable to households making 50 percent of area median income (AMI) for XX years will receive:
• XX-year eligibility for 4d property tax rate, which provides a 40 percent tax rate reduction
on qualifying units.*
• City pays the first year fee for the Minnesota Low Income Rental Classification (LIRC) application,
also known as 4d tax classification ($10 per unit)
• Up to $1,000 matching grant per affordable unit, capped at $25,000 per property to be spent on
common improvements
• Free energy efficiency and healthy homes assessments available to buildings with five or more
units.
• Utility rebates for energy efficiency and healthy homes improvement identified in the free
assessment
• Reduced renter turnover
• Lower maintenance and operating costs, if owners take advantage of opportunities to make
energy efficiency improvements to properties
*Minnesota Statute 273.128 provides that qualifying low-income rental properties, including those
enrolled in the Brooklyn Center 4d incentive program, are eligible for 4d tax classification. According
to state statue, the first tier of valuation ($150,000 per unit in 2020) on 4d rental properties is taxed
at a rate 40 percent less than 4a and 4b rental property. The actual reduction in property taxes may
be slightly higher or lower than 40 percent.
Eligibility guidelines
Owners of market-rate multifamily properties that meet the following criteria:
• At least 20 percent of rental units in a building are affordable to households whose family
income is at or below 50 percent of the area median income (AMI).
• Existing tenants in units that have program-compliant rents do not need to be income qualified.
• Income qualification for tenants is determined upon initial occupancy. Increased income of
tenants in affordable units will not violate program requirements.
• Buildings that have at least five rental units; licensed rental properties with license types I or II
that are in good standing with no active code compliance violations.
• Buildings can include units with owner occupants, but only rental units are eligible for 4d tax
status.
The city will receive and review applications on an annual basis. The city expects to accept applications
January through late February. Properties will be selected based on city goals of preserving housing
affordability in neighborhoods throughout the city, subject to the availability of city grant funds.
Note: The city reserves the right to deny applications for the 4d incentive program if the owner or
property manager applying owns or manages other properties with outstanding code compliance issues.
Process and program requirements
Step 1 (required)
• Property owners submit a 4d program application and rent roll and sign a participation agreement
with the city. The participation agreement includes a commitment to accept tenant-based
assistance and affirmative fair marketing, and prohibits involuntary displacement of existing tenants.
• The city will draft and record a declaration against the property that limits the rents and
incomes on the qualified units for XX years (a recorded document is required for 4d tax
classification status). The declaration also limits rent increases to no more than once in a 12-
month period, unless the unit is turning over to a new tenant.
• The city will provide a matching grant to each 4d property in the amount of up to $1,000 per
affordable unit, capped at $25,000 per property. This funding is intended to help property
owners common area capital and health, safety and energy efficiency improvements to
properties. Owners must certify to the use of the funds for the property.
• Property owners will select the percentage of their building units to restrict, with a minimum of
20 percent.
• Property owners will sign a 4d application once declaration is filed.
• The city will submit a signed 4d application, application fee and declaration to Minnesota
Housing on behalf of the property owner for their first year only. Owners are responsible for
submitting annual applications to Minnesota Housing to renew 4d tax status. See “Annual
Owner Compliance” for additional information.
Step 2 (required)
• Owners of 5 or more unit buildings can sign up for the Multifamily Building Efficiency Program
through Xcel Energy and CenterPoint Energy, and complete a free energy assessment by Energy
Insight Inc., to receive an energy report of recommended improvements.
Benefits to owners:
• A free energy assessment, including free direct install of low-cost improvements such as LED
lights and faucet aerators.
• Qualification to receive rebates for energy efficiency project expenditures if improvements
result in at least 15 percent energy savings.
Step 3 (encouraged)
Following a free energy assessment, meet with the city and Center for Energy and Environment (CEE) to
discuss energy efficiency improvements and available rebate packages. Property owners can choose
from a variety of energy efficiency, weatherization or healthy homes improvements and may qualify for
utility company subsidies and rebates that can cover between 25 percent and 90 percent of costs.
Benefit to owners:
• Public recognition for your partnership with the city
• Financial assistance to help cover the cost of energy efficiency upgrades
Modifications to declarations
• The declaration for the 4d program commitments runs with the property. Anyone buying and
selling 4d property should contact Jesse Anderson at janderson@ci.brooklyn-center.mn.us to
complete an assignment, assumption and consent form transferring the declaration to the
new owner.
• Any other changes to the declaration, such as revisions to the Exhibit B document specifying
which units in the building are restricted, should also contact Jesse Anderson.
What does annual compliance involve?
To continue to receive 4d status, property owners are required to submit:
• An annual 4d application to Minnesota Housing
• An annual report to the City of Brooklyn Center
2020 rent and income restrictions, Brooklyn Center 4d Affordable
Housing Incentive Program
*2020 program rent and income limits based on 50 percent of the Twin Cities area median income
(AMI). Rent and income restrictions are adjusted annually, typically in the spring.
Type of unit 50 percent area median income (AMI)
Studio/efficiency $905
1 bedroom $970
2 bedroom $1,163
3 bedroom $1,344
4 bedroom $1,500
5 bedroom $1,655
MEMORAN DUM - COUN CIL WORK SESSION
DAT E:3/9/2020
TO :C ity C ouncil
F R O M:C urt Boganey, C ity Manager
T HR O UG H:N/A
BY:Meg Beekman, C ommunity Develo pment Directo r
S UBJEC T:Housing P olicy F ramework (45 minutes)
Recommendation:
- C onsider the proposed housing policy framework, and p rovide direction rela ting to housing efforts.
Background:
Housing and the policy issues related to hous ing have become some of the most pres sing and important matters facing communities today. F or mo st
suburban communities, housing comprises a signific ant majority of a cities land use and tax base. Maintaining and preserving a safe, quality, and desirable
hous ing stock is critic al to a co mmunity's long term economic health. F urther, a divers e housing stock whic h offers a wide range of housing choices and
price po ints ens ures that a community can be resilient through economic ups and d owns as well as provid e housing options for a diverse population
throughout their lives .
In addition to maintaining a quality and divers e supply of ho using, communities are more and more becoming foc used on conc erns regarding livab ility
and ac ces sibility of housing. T he Twin C ities Metropolitan Area is currently experience record low vacancy rates. According to Marquette Advisors’
midyear report from August 2019, the average vacancy rate across the s even-county metro area is 2.3 percent. Experts agree that a balanced rental market
will typically see an average vacancy rate of around 5 percent.
T he Twin C ities has been experiencing record low vacancy rates for several years now as are many metro areas throughout the nation. S evere housing
shortages are being caus ed from spikes in construction costs, combined with unprecedented demand for rental housing as millennial and baby boomer
generations are finding similar des ires for lifes tyles that offer more mob ility and convenience o ver the debt and maintenance of home ownership . In
ad dition, as the cost of living out pac es incomes, for many families, home ownership may feel out of reach, and renting b ecomes the only choice.
T he effect of low vacancy rates o ver time is increasing rents, a growing interest from outs ide investors , and landlords in a position to be choosier about
who they rent to. T his has borne out throughout the Twin C ities Metropolitan Area, with the average rent inc reasing nearly 8 percent year over year to a
current unprecedented $1,254 per month. In addition, the Metropolitan C ouncil continues to see a reduction in the number of landlords accepting S ection
8 vouchers. According to the Metropo litan C ouncil, landlords are citing the increased interest for their units from non-voucher ho lders as the primary
reas on for the change.
Yet another impact of the increasing value of rental property is the growing number of inves tors p urchasing C lass B o r C lass C rental p roperties, which
are renting for naturally affordable rents, making c osmetic improvements, and increasing rents so that the units are no longer affordable. According to the
Minnes ota Hous ing P artners hip, the sales of apartment buildings in the metro area jumped 165 percent between 2010 and 2015. O ften the change in
ownership will also c ome with a c hange in policy related to criminal history, acc eptance of S ection 8 vouchers, or minimum income requirements,
resulting in existing tenants b eing dis plac ed from the p roperty.
Bro o klyn C enter’s C urrent Rental H o using
T he result of the regional trends described above are being felt in Brooklyn C enter. Vacancy rates in the community remain lower than the regional
average, hovering around 2 percent. T his is common in communities with more affordable rental units.
35 perc ent of Brooklyn C enter's hous ing stock is compris ed of rental units. O f those, about 8 percent are single family homes . T he C o mmunity
Development Department is preparing a summary report on the rental licensing program which includes a deeper analys is of rental hous ing in the C ity.
T his will be pres ented as part of a separate memo.
According to the Metrop olitan C ouncil, the following table indicates what is considered affordable rents in the Twin C ities Metropolitan Area:
*Rents include tenant-paid utilities
According to the C ensus American C ommunity Survey indicates average gross rents in Brooklyn Center:
Average rents in Broo klyn C enter are considered naturally occurring affordable because the market rents, bas ed on the age and c ondition of the units
make them affordable at around 50 percent AMI in the metropolitan area. R ents in Brooklyn C enter are lower than the regional average. App roximately 90
percent of all of the ho using units in Brooklyn C enter are cons idered naturally occurring afford able housing (NO AH). While NO AH properties are
cons idered affordable, they can be at risk of being los t as market demand increas es and rents continue to go up. T hey can also experience disinvestment
over time, causing deterioration, loss of value, and most importantly poor quality or unsafe living situations.
At pres ent only 3.7 perc ent of units are cons idered legally-binding, or subsidized affo rdable units. S ubsidized affo rdable units are housing units which are
required to maintain an affordable rent regardless of shifts in market demand. Due to their financing structure, they also are required to be maintained to a
certain minimum standard. O ne of the goals of affordable housing advocates is to p reserve existing NO AH properties b y converting them to legally
binding afford able units through NO AH preservation pro grams. With the c onstruction of S onder Housing, R eal Es tate Equities will be adding 270 units
of legally-bind ing new affordab le housing units to the c ity. T hese will be the firs t new co nstruction multi-family hous ing units built in Brooklyn C enter
sinc e 1971, and will increase the perc entage of legally-binding affordable units to 6 percent.
The City's 2040 Comprehensive Plan identifies several broad housing goals
2040 H ousing & Neighborhood Goals
P romo te a diverse hous ing stock that provides s afe, stab le, and accessible housing o ptions to all of Brooklyn C enter ’s residents.
R ecognize and identify ways to match Brooklyn C enter ’s housing with the C ity’s changing demograp hics.
Explore opportunities to improve the C ity’s housing policies and ordinances to make them more res pons ive to current and future residents.
Maintain the existing housing s tock in primarily single-family neighborhoods through proper ordinances, incentive programs and enforcement.
Explore opportunities to inc orporate new affordable hous ing into redevelopment areas that promote safe, s ecure and economically diverse
neighborhoods.
In addition to these goals , the 2040 C omp rehensive P lan id entifies implementation s trategies as well as res ources and tools for achieving its housing
goals. T hes e are contained in C hapters 4 and 9, of the Housing and Implementation chapters respectively (attac hed).
Issue Identificatio n
As engagement related to the comprehensive plan and various redevelopment sites have occurred throughout the c ommunity over the past few years , a
number of issues, concerns, and priority areas have bubb led up related to housing. Many of these issues are identified in the 2040 C omprehensive P lan.
As it relates to housing polic y within the C ity of Brooklyn C enter, these issues c an be categorized into two distinct topic areas:
1. Housing choice - What is the c omposition and condition of the current housing s tock? What are the current market demands fo r housing? How
does the c ity's housing s tock relate to the market, and does the city have enough and the right type to meet current and future need?
2. Affordable housing policies - W hat can the city do to improve livability and accessibility to quality affo rdable hous ing for res idents ? W hat best
prac tices exist to s uppo rt an effec tive approach to addres sing the need for affordable hous ing in the c ommunity? W hat polic ies are mo st effective
to prevent d is plac ement?
In o rder to address these to pic areas related to housing, staff is proposing a framework plan which takes a c omprehens ive review of the C ity's housing
polic y approac h, with an emphasis in key focus areas based on priorities iss ues which merit sp ecial attention.
T he overall review would include identifying those housing issues which are currently surfacing in the community and prioritizing those which are most
pressing. I ssues which have broadly been identified that merit special attention include:
Mitigating and p reventing d is placement of existing residents as the c ommunity redevelops
Tenant protections
C reating and expanding home ownership op portunities
F air hous ing policy
Maintenance and preservation of single family housing s tock
Expand ing hous ing options
Housing Po licy Framewo rk
In o rder to gather data and to identify the needs for additional housing choice in the community, staff is reco mmending working with a cons ultant to
complete a housing study. A p ropos ed s co pe of work for the housing study is attac hed to this memo. T he s tudy would include an analysis of regio nal
trends effecting Brooklyn C enter's housing, the city's existing housing s tock, current rent trend s, market demand and gaps analysis. T he housing study is
also proposed to include a tenant and home owner survey in order to ascertain whether residents are satisfied with their current housing options, and what
also proposed to include a tenant and home owner survey in order to ascertain whether residents are satisfied with their current housing options, and what
housing choices they anticipate needing/wanting over time. T he results of this analysis will assist with guiding land use and policy decisions as it pertains to
housing stock and choice.
As it relates to the needs around affordable housing, policy approaches fall into one of three categories: 1) C onstruction of new legally-binding units ; 2)
P reservation of NO AH units; 3) Tenant protections
In April 2018, the C ity C ouncil discussed several poss ible policies to addres s affordable housing iss ues . T he memo from that discussion is attached to
this report. Based on that disc uss ion, C ouncil directed s taff to move forward with a Tenant P rotection O rdinance, and in December 2018, the c ity
ad opted one.
Additional policies which addres s affordable housing topic s are describ ed below. S taff is s eeking direc tio n on which po licies C ouncil would like to move
forward with, would like additional informatio n on, or would like to wait on.
Inclusionary Hous ing P olicy (C reation P olic y) – T hese are a collec tion of policies whic h would either encourage or require new affordable units to b e
included as part of new market-rate res idential development projects whic h receive public subs idy or other d is cretionary C ity approvals . F requently it is
in the form of a req uirement that a percentage of units be affordab le in a new residential development in exchange for public s ubsidy of the project.
New developments such as thos e in the O pportunity S ite would be required to inc lude a certain numb er of affordable units .
Inclusionary Ho using policies ensure that new affordable units are added as market-rate units are built, thus ens uring mixed-income co mmunities .
C ities such as S t. Louis P ark and Minneapolis have found that in higher rent developments, a certain p ercentage of affo rdable units c an b e required
without increasing the need fo r additional public subsidy. T his is due to the higher than average market rents , which o ff-set the affordable units. In
Brooklyn C enter, as is true in communities with lower average rents, the cost of the affordable units would require additional public subs idies in
order for a project to be financially feasible.
Brooklyn P ark recently adopted an Inc lusionary Hous ing P olicy. As p art of their analysis they concluded that any amount of includ ed afford able
would create a financial gap in the p rojec t and require subs idy. T he policy acknowledges this and projects will b e looked at on a project by projec t
bas is to determine if the gap can be financed.
C ommunity input on the O pportunity S ite has identified many community benefits and goals for the redevelopment in addition to affordable
housing; affordable commercial space, a cultural center, civic s pace, event sp ace, and a recreation center to name a few. All of these us es wo uld
require public s ub sidy in s ome form or another, not to mention the infrastructure need s of the s ite. Identifying afford able housing as a singular or
primary goal of the development through an inclus ionary hous ing polic y inevitably elevates it above other community goals for the s ite.
NO AH P reservation P ro gram (P res ervatio n P olicy) – A preservation pro gram can be set up in vario us ways, but essentially how they work is to
incentivize existing NO AH property owners into setting aside a percentage of rental units as legally b inding affordable for a set period of time. T he C ity
would create a NO AH pres ervation fund and identify additional funding sources to grow it. S taff would work with exis ting property owners to provide a
modest s ubsidy for building rehabilitation, which would then be combined with a 4D tax class ification, als o known as the Low Income R ental
C lassification P rogram (LIR C ), to provid e a property tax b reak, c urrently amounting to 40%. T he res ult is the preservation of NO AH units through
legally binding contract.
T he tax break would be propo rtional to the percentage of units which would be affordable, and not apply to the entire building.
T he LI R C /4D statute d efines eligible properties as those which meet two conditions: the owner of the property agrees to rent and income
restrictions (serving household s at 60% AMI or below) and receives “financ ial as sistanc e” from federal, state or local government. T his pres ents
the possib ility of creating a “Local 4D” program in which qualifying properties receive the 4D tax break in return for agreeing to conditio ns which
meet certain local government policy goals .
T he reduc tio n in property taxes would no t dec rease the C ity’s revenue from property taxes, as the funds would be distributed to all other
properties; however, it would reduce that pro perty’s share of loc al property taxes.
T he amount of the tax break is a limiting factor as it equates to around $80/unit per year; however, the program may be an incentive for a property
owner in a community where the market rents are already c onsidered affordable, since they would not need to depres s their rent rates.
T he city is estimated to have approximately $320,000 of Housing T IF #3 funds when T IF #3 decertifies at the end of 2021. T hese funds could be
used to seed a NO AH p reservation fund.
NO AH preservation is a more c ost efficient fo rm of creating legally binding affordable units compared with new cons truction, and ensures families
are not displaced from their homes . A NO AH preservation program, combined with efforts to support tenant protections could be highly effective
at address ing community conc erns about displacement. F urther, staff could begin to work on setting up such a program in the near term, and begin
to identify p otential funding sources for it.
F air Housing P o licy (Tenant P rotection P olic y) - T itle VI I I of the C ivil R ights Act establishes federal policy for providing fair housing throughout the United
S tates. T he intent of Title VI I I is to assure equal housing opportunities for all citizens. Further, C ities as a recipient of federal community development funds
under Title I of the Housing and Community D evelopment Act of 1974, is obligated to certify that it will affirmatively further fair housing.
T he city of Bloomington's Fair Housing P olicy is attached as an example. Many other cities within Minnesota have Fair Housing P olicies that are
written very similar to B loomington's.
At present Brooklyn Center does not have a Fair H ousing P olicy. I t is staff's recommendation that this be addressed in the near term, and that the
H ousing Commission be tasked with reviewing and recommending a policy to be adopted by the C ity.
R eview R ental Licensing through the lend of Tenant P rotections (Tenant P ro tection P olic y) - Nearly a third of the City's housing units are rental. With
vacancy rates hovering near 3 percent, tenants are not in a favorable position when it comes to negotiating with landlords on lease terms or other
accommodations. N early all of the City's multi-family residential is considered naturally occurring affordable housing (N O AH ). T his is primarily due to its age
and condition. Brooklyn C enter hasn't had new multi-family housing constructed since 1971, and so this particular housing type, like most in the City, is aging.
M aintenance varies significantly depending on ownership, as does the quality of property management. T herefore, it is important to continue to monitor the
City's N O AH properties through a robust rental license program. However, when the rental license program was established tenant protections was not the
focus of the program. A review of the City's ordinances, policies, and procedures through the lens of tenant protections would ensure that the program is
serving residents as effectively as possible.
C ommunity engagement strategies would be necessary to identify problems and potential solutions. Suggested engagement strategies include lis tening
s ess ions with tenants and landlords; and engaging stakeholders s uc h as Homeline, Hous ing Justic e C enter, AC ER , etc
s ess ions with tenants and landlords; and engaging stakeholders s uc h as Homeline, Hous ing Justic e C enter, AC ER , etc
C ity s taff have met with AC ER , Homeline, and the Housing Justice C enter and d is cussed some of the iss ues affecting Brooklyn C enter res idents
already. In additio n, the city's housing inspec tors spend a significant amount of time interacting with tenants and landlords and understand the
complexities of the is sues. T hese resources can be drawn upon to further explore ways to make adjus tments to the C ity's ord inances, policies, and
procedures to ens ure existing residents are provided safe, s ecure, s table housing and tenants are afforded protections under the law.
S taff's rec ommendation is to move forward with reviewing the city's current polic y and ordinance, and to begin to implement impro vements.
Tenant input could be incorporated into the tenant survey that is part of the housing stud y.
S ingle F amily Housing S tabilization (P reservation P olic y) - Approximately 86 percent of Brooklyn Center's single family housing stock is more then 40
years old. T his is a significant portion of the City's housing, therefore it is important to track the condition of these older homes as they are at-risk of deferred
maintenance. At the same time, well maintained older homes can be an important source of entry-level housing. When considering the type and age of
housing in Brooklyn Center, the 2040 Comprehensive plan recommended the following programs:
Housing s tudy to ass ess the condition of the C ity's housing stock
Home O wnership P rogram Assistance P rogram
Down P ayment As sistanc e
Home O wners hip Education
Additional Low or No C ost Home impro vement funding
S taff reco mmends moving forward with a review of the city's single family housing programs. T he first part of whic h would be inco rporated into the
hous ing study.
R eview of Additio nal Best P rac tices to Mitigate and P revent Displacement - Ho using S tudy and Impact Ass essment - As was mentioned above, staff is
recommending moving forward with a housing study in the near-term. Because issues around the impact of significant development on the city's existing
housing, particularly around displacement and gentrification, have been raised in the community, staff is proposing to include within the housing study an
impact assessment to evaluate the potential impact of the Opportunity Site in this way. T he study would include a literature review of existing research on the
topic of displacement and gentrification as it may pertain to Brooklyn Center, as well as case studies and best practices from other places that the community
might draw from. T he study, as the scope is currently proposed, would assist with providing an informed basis from which policy decisions can be made. T he
outcome of the study would allow us to identify additional policies and best practices which may forward the city's priorities around housing policy.
Implementation
Housing policy is both an urgent and important need in the community; ho wever, staff c apacity is als o limited to ad dress thes e is sues in a timely manner.
S ome items identified above c ould be und ertaken immediately such as the ho using study and the creation of a fair housing policy. A NO AH preservatio n
program may be a policy whic h could als o be addres sed in the near-term. O ther items will take longer to addres s such as reviewing of the city's rental
licensing ordinance.
T he C ity of Brooklyn P ark currently fac ilitates a hous ing stakeholder group with many of the s ame s takeholders which Brooklyn C enter would very likely
ask to particip ate in similar conversatio ns. R ather than hold a sec ond meeting each month, Bro oklyn P ark s taff has suggested the two c ities combine
efforts with the group. T his also offers the opportunity to share research and resources on topics which are likely to be of a similar nature in terms of
hous ing is sues.
It may also be valuable to create subject specific Housing Task F orces , over time, as each housing area is addres sed. T his can be vetting as wo rk
progresses . Not only would this allo w greater community engagement, but also ensure that as various areas of focus are under review (i.e. tenant
protections, single family preservation, multi-family preservation) that the right people are at the table to provide inp ut and expertise. T hough, inevitably,
task forces and co mmittees take considerable s taff time to facilitate and manage. Ensuring that any engagement that is done is intentional and on topics
where input is warranted is critical.
S taff has identified 5 key areas to address over the next 18 months. Other priority areas may arise through continued engagement which would require an
adjustment to this framework.
Tentative Time Line
1. Q 1 2020 F air Hous ing P olicy
2. Q 1 2020 Housing S tudy and Impact Assessment - G aps analysis and identify best practices for anti-displacement
3. Q 2 2020 NO AH P reservation program
4. Q 4 2020 Tenant P rotections
5. Q 1 2021 S ingle F amily Housing S tabilization
Next Steps
S taff reco mmends moving forward initially with the Hous ing C ommission undertaking the review and d rafting of a F air Ho using polic y, which would then
go to the C ity C ouncil fo r final c onsideration. In addition, staff would recommend proc eed ing with the hous ing study and impac t as ses sment as the initial
step .
Policy Issues:
W hat housing-related iss ues /topics do you see rising to the surface in the community?
Are there any major elements you see needing to be addressed in the housing study in order to create a thorough baseline as sess ment of the C ity's
housing s tock?
S hould staff begin wo rking with the Housing C ommiss ion on developing a F air Hous ing P olicy?
Do you have any questions /concerns with the framework for a Housing P olicy P lan as it has been laid out?
Is the C o uncil comfortable with mo ving forward with the housing stud y and gaps analys is ?
Is the C o uncil comfortable with mo ving forward with the housing stud y and gaps analys is ?
S trategic P riorities and Values:
R es ident Economic S tab ility, S afe, S ecure, S tab le C ommunity
ATTAC HME N TS:
Description Upload Date Type
Housing F act S heet 11/19/2019 Backup Material
April 9, 2018 - C ity C ounc il Memo - Affo rdable Housing P olicy 11/19/2019 Backup Material
Housing S tudy S c ope of Work 11/19/2019 Backup Material
Example Housing G aps Analysis 11/19/2019 Backup Material
C hapter 4 - Ho using 6/10/2019 Backup Material
C hapter 9 - Implementation C hapter 10/22/2019 Backup Material
F air Hous ing P olicy Example 8/16/2019 Backup Material
Dis trib ution of Naturally O ccurring Affordable Housing Buildings in Hennepin C ounty 11/20/2019 Backup Material
R E VIE WE RS :
Dep artment R eviewer Action Date
C ommunity Development S uc iu, Barb Approved 3/4/2020 - 2:38 P M
MEMORANDUM – COUNCIL WORK SESSION
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
DATE: April 9, 2018
TO: Curt Boganey, City Manager
FROM: Jesse Anderson, Deputy Director of Community Development
THROUGH: Meg Beekman, Community Development Director
SUBJECT: Affordable Housing Policy
Recommendation:
It is recommended that the City Council consider providing direction to staff regarding potential
affordable housing policies for the City.
Background:
In May of 2017, the City Council received copies of emails forwarded by Councilmember Butler
from African Career and Education Resource Inc. (ACER) requesting an opportunity to come
before the City Council to discuss concerns about the need for affordable housing in Brooklyn
Center. In addition Mayor Willson was in contact with a representative of Community Action
Partnership of Hennepin County (CAPHC) regarding the same topic.
On July 10, 2017, by consensus the City Council directed staff to invite representatives from
ACER and CAPHC to a future work session to present information and have a dialogue on the
issue of affordable housing.
On August 14, 2017, the City Council received a presentation from ACER and CAPHC
regarding the topic of affordable housing. At the presentation ACER and CAPHC advocated that
the City consider adopting policies that would address the region’s need for affordable housing,
protect tenants, and help preserve naturally occurring affordable housing. The Council directed
staff to bring the subject back to a future work session for discussion.
Regional Housing Trends:
The Twin Cities Metropolitan Area is currently experience record low vacancy rates. According
to Marquette Advisors’ midyear report in August 2017, the average vacancy rate across the Twin
Cities metro was 2.4 percent. Experts agree that a balanced rental market will typically see an
average vacancy rate of around 5 percent.
The impact of low vacancy rates over time has increased rents, a growing interest from outside
investors, and landlords in a position to be choosier about who they rent to. This has borne out
throughout the Twin Cities Metropolitan Area as rents have gone up throughout the region. The
average rent at the end of July 2017 had increased 3.1-pecent year over year. In addition, the
Metropolitan Council is seeing a reduction in the number of landlords accepting Section 8
MEMORANDUM – COUNCIL WORK SESSION
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
vouchers. According to the Metropolitan Council, landlords are citing the increased interest for
their units from non-voucher holders as the primary reason for the change.
Yet another impact of the increasing value of rental property is the growing number of investors
purchasing Class B or Class C rental properties, which are renting for naturally affordable rents,
making cosmetic improvements, and increasing rents so that the units are no longer affordable.
According to the Minnesota Housing Partnership, the sales of apartment buildings in the metro
area jumped 165 percent between 2010 and 2015. Often the change in ownership will also come
with a change in policy related to criminal history, acceptance of Section 8 vouchers, or
minimum income requirements, resulting in existing tenants being displaced from the property.
The region is also seeing a loss of smaller-sized rental properties (1-4-units). This is due, in part
to single family properties converting back into owner-occupied as the market recovers from the
recession, but also a growing number of local investors purchasing smaller properties and
flipping them. While some of the proposed policies would impact single family rentals, the
primary focus of affordable housing advocates and media attention has been on larger properties
(40-units or greater).
Affordable housing advocates have identified potential policies designed to address these issues.
The policies fall into one of three categories; 1) preservation policies designed to preserve
naturally occurring affordable housing and prevent it from being flipped; 2) tenant protection
policies designed to prevent or mitigate displacement; and 3) creation policies designed to create
new, legally-binding, affordable housing that will replace the naturally occurring affordable
housing that is being lost.
Brooklyn Center’s Current Rental Housing:
According to the Metropolitan Council, the following table indicates what is considered
affordable rents in the Twin Cities Metropolitan Area:
# of Bedrooms 30% AMI 50% AMI 60% AMI 80% AMI
Efficiency $474 $791 $949 $1,265
1-Bedroom $508 $848 $1,017 $1,356
2-Bedroom $610 $1,017 $1,220 $1,627
3-Bedroom $705 $1,175 $1,410 $1,880
4-Bedroom $786 $1,311 $1,573 $2,097
*Rents include tenant-paid utilities
According to the Metropolitan Council, the following table indicates average rents in Brooklyn
Center:
# of Bedrooms Survey 5-Year Avg
Efficiency $730 $744
1-Bedroom $869 $801
2-Bedroom $1,019 $925
3+ Bedroom $1,281 $1,147
MEMORANDUM – COUNCIL WORK SESSION
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
Brooklyn Center currently has 834 rental license holders. 713 of those are for single family
homes. 71 of the licenses are for 2-4-unit properties. 24 are for properties with between 5 and 39
units. 27 licenses are for properties with greater than 40 units. There are approximately 4,300
rental units in the City. The average rents in Brooklyn Center are considered affordable for those
making around 50 percent of the Area Median Income. Of the 11,608 total housing units (both
rental and owner-occupied) in Brooklyn Center, 89.5 percent are naturally occurring affordable
housing. There are currently 402 Section 8 voucher holders in the City.
Brooklyn Center currently has five apartment building that are legally-binding affordable
housing, Ewing Square Townhomes (23-units), The Crest Apartments (69-units), Unity Place
(112-units), Emerson Chalet Apartments (18-units), and The Sanctuary (158-units). Also,
Lynwood Apartment (50-units) is currently applying for Certified Low Income Status, which
would make it a legally-binding affordable property. This equates to 3.7 percent of the City’s
housing stock is legally-binding affordable housing.
Anecdotally, a recent phone survey of 34 Brooklyn Center landlords found a current average
vacancy rate of 1.3 percent.
Rents in Brooklyn Center are currently very affordable compared to the region. Low rents may
be contributing to the low vacancy rates. If the vacancy rates are in fact below 2 percent, and
they remain that low over time, it would be reasonable to expect rents to increase. However,
given the current low rents, even an increase in rents of 20-30 percent would result in rents still
considered affordable for those making 60-80% AMI.
Affordable Policy Options:
Section 8 Ordinance (Tenant Protection) - Prohibiting discrimination against Section 8 voucher
holders and other recipients of government programs. The policy would prohibit landlords from
denying any tenants’ application based on the applicant receiving government assistance.
• Staff surveyed 34 Brooklyn Center apartments and found that 50 percent indicated that
they do not accept section 8 vouchers.
• Minneapolis recently adopted this ordinance, which allows applicants who feel they have
been discriminated against to seek damages through the city’s department of Civil Rights.
• The City of Minneapolis has an active lawsuit filed against them by 55 apartment owners
over the legality of this ordinance. The lawsuit argues the mandate conflicts with state law
and unfairly forces them to comply with requirements of federal housing voucher programs
for low-income residents. It also says the law violates the Minnesota Constitution because it
reduces their property values, forces landlords to enter into contracts and represents an
unnecessary government intervention in their businesses. Landlords also claim that this could
cause landlords to increase rent and/or application criteria as to price out Section 8
vouchers.
Staff feels that if the ordinance is upheld by the courts, it could be a useful tool to ensure
residents are not discriminated against based on their source of income; however
additional review would be necessary related to the enforcement of the ordinance. Staff
MEMORANDUM – COUNCIL WORK SESSION
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
recommends that the City monitor the Minneapolis lawsuit then review pending the
outcome.
Notice of Intent to Sell (Preservation) – Rental property owners must give advanced notice prior
to the sale of a rental property. This gives a preservation buyer an opportunity to match the
purchase price. It would also give service providers additional time to relocate residents who
would be displaced as a result of the sale.
• Landlords would be concerned about delaying the closing of a property sale, which could
have a negative effect on price. Preservation companies such as Aeon have expressed
concerns that this could increase the competition for these properties, and thusly increase
sales prices.
• Enforcement would be difficult because the penalty would come after the sale has
occurred. If the property has sold, the seller no longer has ties to the property so
enforcing a citation could be challenging and may not be a deterrent. In a workgroup in
St. Louis Park landlords stated that if there was a $1000.00 citation for selling without
notice, they would likely still sell the property and pay the citation.
• It is unclear who the seller would need to notify of their intent to sell and what would be
done with that information once it was known. Who would decide what buyers could
have access to the information? Who would be responsible for disseminating the
information?
• It is possible that this ordinance would dissuade investors, who may opt to purchase
property in cities that do not have the additional requirements.
• St. Louis Park is looking at an alternative ordinance related to tenant transition/protection
would address the need for additional time to relocate tenants.
Staff recommends that the city consider other options such as the tenant transition
ordinance.
Tenant Transition/Protection Ordinance (Tenant Protection) – This would require a new owner
of a naturally occurring affordable housing property to pay relocation benefits to tenants if the
new owner increases rent, rescreens existing residents or implements non-renewals without cause
within 3 months after the purchase. The ordinance has the effect of freezing lease terms for 90
days after the sale of a property. The purpose is to allow tenants three (3) months to relocate if
necessary.
• This ordinance wouldn’t interfere with the sale of naturally occurring affordable housing,
however; it would provide assistance to the tenants if necessary.
• The ordinance would require new buyers to notify tenants within 30 days if substantive
changes to the lease are forthcoming, giving tenants time to relocate if necessary.
• St. Louis Park adopted the Tenant Protection Ordinance in March of 2018.
• The policy could dissuade potential apartment buyers from buying in Brooklyn Center,
who may opt to purchase a property in a city without this policy.
Staff recommends that the City review this policy further to determine the legality of it,
the enforcement mechanism, and what the specific impacts in Brooklyn Center might be.
MEMORANDUM – COUNCIL WORK SESSION
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
Just-Cause Eviction (Tenant Protection) – Also known as Just-Cause Non-Renewal, this would
require a landlord to provide a reason if they were going to not renew a tenant’s lease that was
expiring. Currently landlords must provide a just cause for eviction, which a tenant can appeal in
court. There is no appeal process available to tenants who lose their housing due to non-renewal
of lease.
• Landlords see this as taking away a valuable management tool for dealing with problem
tenants and have the unintended consequence of increasing the number of evictions filed
and strengthening screening standards.
• When St. Louis Park conducted their meetings with landlords and the Multi-family
Housing Association, this ordinance received the strongest opposition.
• The enforcement of this policy would be through the court system and would require a
tenant to take legal action against their landlord via a lawsuit.
• Of the 34 landlords surveyed by staff, the majority of evictions or non-renewals are the
result of non-payment of rent or criminal activity.
• The intent of this ordinance would be to protect tenants from being non-renewed in the
event a new owner wants to empty a building in order to do a substantial renovation with
the goal of increasing rents.
Staff recommends that the City consider other options such as the tenant transition
ordinance to protect tenants.
Inclusionary Housing Policy (Creation) – These are a collection of policies that could be adopted
by the city which would either encourage or require new affordable units to be included as part
of new market-rate residential development projects which receive public subsidy or other
discretionary City approvals. Frequently it is in the form of a requirement that a percentage of
units be affordable in a new residential development in exchange for public subsidy of the
project.
• New developments such as the Opportunity Site would be required to include a certain
number of affordable units.
• Inclusionary Housing policies ensure that new affordable units are added as market-rate
units are built, thus ensuring mixed-income communities.
• Cities such as St. Louis Park and Minneapolis have found that in higher rent
developments, a certain percentage of affordable units can be required without increasing
the need for additional public subsidy. This is due to the higher than average market
rents, which off-set the affordable units. In Brooklyn Center, as is true in communities
with lower average rents, it is likely that the cost of the affordable units would require
additional public subsidies in order for a project to be financially feasible.
If the Council would like to move forward with this police staff would recommend
reviewing the feasibility of future development if an affordable housing policy is
adopted.
4D Tax Breaks (Preservation) – Also known as the Low Income Rental Classification Program
(LIRC), Minnesota provides a property tax break, currently amounting to 40%, to subsidized
rental properties under LIRC, commonly referred to as the 4D program. There is the potential,
MEMORANDUM – COUNCIL WORK SESSION
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
however, to extend 4D eligibility to certain currently unsubsidized affordable properties, without
changing current law. This is because the LIRC/4D statute defines eligible properties as those
which meet two conditions: the owner of the property agrees to rent and income restrictions
(serving households at 60% AMI or below) and receives “financial assistance” from federal,
state or local government. This presents the possibility of creating a “Local 4D” program in
which qualifying properties receive the 4D tax break in return for agreeing to conditions which
meet certain local government policy goals.
• A government agency would need to provide a financial contribution to a rental
apartment with a low income agreement placed on the property. The property could then
be eligible to apply for 4D status. This would allow a landlord to make physical
improvements to the property in exchange for affordable rents.
• The reduction in property taxes would not decrease the City’s revenue from property
taxes, as the funds would be distributed to all other properties; however, it would reduce
that property’s share of local property taxes.
• The amount of the tax break is a limiting factor as it equates to around $80/unit per year;
however, the program may be an incentive for a property owner in a community where
the market rents are already considered affordable, since they would not need to depress
their rent rates.
• Hennepin County is looking into a rehabilitation program for rental properties which
would function similarly to the CDBG housing rehabilitation program, but be County
funded.
• The City could also look at funding a program for rental housing rehabilitation.
Staff recommends working with the County to determine the feasibility of a County-led
program. The City could also review EDA or TIF 3 Housing funds to determine the
availability of funds for a city program that would provide rental housing rehab
assistance in exchange for a 5-10 year affordability requirement. This could be set up as a
per unit matching forgivable loan.
Other Policies/Programs
• Identify buildings that are at-risk of being flipped. Reach out to owners of at-risk
buildings and gauge their short and long-term plans. Help connect them with preservation
buyers on a case-by-case basis.
• Comprehensive Plan – the City is in the process of updating its Comprehensive Plan. If
the preservation and/or creation of affordable housing are a priority for the City, it should
be reflected in the City’s Comprehensive Plan.
• Education – Work with the Metropolitan Council to provide education on Section 8
voucher programs to dispel some of the negative perceptions of the program.
Policy Issues:
Does the Council believe that the information presented indicates a need for additional policy
actions to address the concerns raised regarding affordable housing and the protection of tenant
rights?
MEMORANDUM – COUNCIL WORK SESSION
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
Does the Council require additional information regarding these issues before concluding if
further policy actions are necessary?
Which policies if any would the Council want brought back for further consideration?
Which policy does the council consider a higher priority?
Strategic Priorities:
• Resident Economic Stability
Attachments:
US Census Bureau Data
Metropolitan Council Land use Chart
August 14, 2017 Council Work Session Memo
August 14, 2017 Council Work Session Minutes
Housing Strategies Table Presented at Previous Work-Session
Mixed-Income Housing Policies among Neighboring Cities Table
Phone Survey of Brooklyn Center Apartments
Phone Survey of Brooklyn Center Single Family Property Management Companies:
US Census Bureau Data:
Metropolitan Council Land Use Chart:
Housing Strategies Table Presented at Previous Work-Session
Mixed-Income Housing Policies among Neighboring Cities City Policy/Program Type Affordability Requirements Affordability Period Opt-out (alternative) options Enforcement Tool Other Notes St. Louis Park (2015) • City financial assistance for new developments creating at least 10 multi-family units or renovation of an existing multi-family development with at least 10 units. • 18% of total units in the development required at 60% AMI or 10% of units required affordable at 50% AMI. • Families may remain in the dwelling unit as long as the income does not exceed 120% AMI. • 25 year minimum (considering an increase). • Subject to City Council approval: o Dedication of existing units o Offsite construction near public transit o Participation in construction of affordable units by another developer within the City • Affordable Housing Performance Agreement between City and Developer prior to Zoning Compliance Permit being issued. • Implemented 2015 – 6/7 new developments triggered policy with 1,073 units and 281 affordable units produced. • No development has used an opt-out option. • Units must be located within the development and distributed throughout the building unless approved by City Council. Edina (2015) • Re-zoning or Comprehensive Plan Amendment for all new multi-family development of 20 or more units. • 10% of all rentable area at 50% AMI or 20% of all rentable area at 60% AMI. • 15 year minimum. • Dedication of existing units equal to 110%, must be equivalent quality. • New construction at a different site. • Participation in construction of affordable units by another developer within the City. • Land use restrictive covenant. • PUD ordinance states development must consider affordability. • City will consider incentives for developments with affordable housing including: Density bonuses, parking reductions, TIF, deferred low interest loans from the Edina Foundation, and Tax Abatement. Golden Valley (policy approved in 2017; ordinance in coming months) • Market rate residential development with 10 or more units and receive: o Conditional Use Permit (ord.) o Planned Unit Development o Zoning Map Amendment (ord.) o Comprehensive Plan Amendment o Or Financial Assistance • 15% of total project units at 60% AMI or 10% of project units at 50% AMI. • Families may remain in the dwelling unit as long as the income does not exceed 120% AMI. • 20 year minimum. • Equal or greater amount dedication of existing units. • Affordable Housing Performance Agreement. • Mix of policy and ordinance. • City will consider incentives including: • Minimum in 33% reduction in required parking spaces • Minimum of 10% density bonus Brooklyn Park • New market rate residential development with 10 or more units and receive: o Planned Development Overlay (ord. required) o Zoning Map Amendment (ord. required) o Comprehensive Plan Amendment • Or Financial Assistance • 15% of units at 60% AMI or 10% of units at 50%AMI or 5% of units at 30%AMI • 20 year minimum. • Consider an alternative proposed by developer. • Affordable Housing Performance Agreement. • Mix of policy and ordinance. • Units must be located within the development and distributed throughout the building unless approved by City Council. Minneapolis (2002) • City-assisted housing projects of 10 or more units. • City-assistance includes TIF, condemnation, land buy downs, issuance of bonds to finance project, pass-through funding, and other forms of • Varies based on funding source but generally is either 20% of units at 60% AMI or 20% of units at 50% AMI (AHTF) • 15 year minimum. • None. • Only 1-2 projects have taken advantage of the incentive program since 2002. • Currently engaging a consultant to develop an effective system.
direct subsidy. • Density bonus and parking reduction incentive Saint Paul (2014) • City/HRA assisted rentals and homeownership. • Rental development in selected zones – density bonus incentive • Rentals – 30% of units affordable to households earning 60% AMI, of which at least one third will be affordable to 50% AMI, and at least one third will affordable to 30% AMI. • Rental - 10 year minimum . • Development Agreement • Voluntary/incentive density bonus is not being used so policy is currently being revised. Minnetonka (2004) • City Assistance • Voluntary/incentive based for all developments. • Rentals – 10% of units at 50% AMI for all developments, 20% of units at 50% AMI if using TIF funding. • 30 year minimum. • Considered on a case by case basis. • Development Agreement. • Produced over 500 affordable units since 2004. Eden Prairie • City Assistance • Using a voluntary/incentive based approach for all developments; exploring adopting a policy. • City subsidy – 20% of units at 50% AMI. • Voluntary/incentive – starts at 10% of units at 50% AMI. Woodbury (2012) • Voluntary/incentive based – density bonus policy • 20% of units at 80% AMI or negotiated. • 15 year minimum. Chaska • All developments that need City approval • 30% of units at 80% AMI. Forest Lake (2014) • Voluntary/incentive based – density bonus policy • Negotiable • 15% density bonus, flexible parking requirements.
Phone Survey of Brooklyn Center Apartments: Apartment Name number of Units number of vacant units Rent for a studio Rent for a 1 bedroom Rent for a 2 bedroom Rent for a 3 bedroom Rent for a 4 bedroom Do you accept section 8 Has rent increased over the past 2years? How much has rent increased? Most common reason for Eviction or non-renewal 4819 Azealia 12 0 750 800 no new yes $15-50 non-renewal 5207 Xerxes 12 0 0 Ave: $750 Ave $850 Yes yes 8% Disturbance 5240 Drew 10 0 845-950 yes no police calls for service The Avenue 36 0 755 929 1075 no yes 5% each month non-payment Beard Ave 24 0 $895 1 fl-$1025, 2-3 fl $1075 Yes (Typically don’t meet criteria) yes 100 - 2bd - 1bd 75 smoke in units, police calls (pattern) Brookside Manor 90 0 garden - $750 2-3 floor $800 yes yes $20 police calls, disturbance, non-payment Carrington Dr 128 0 $735 $835-855 $945-975 no yes $50 disturbance, illegal activity, cleanliness, non-payment The Crest 122 3 for end of march $755 $935 yes yes 50 non-payment, crime free addendum Crossings - 6201 Lilac - 55+ 81 4 (0 in past few years) 1181-1275 (1bd + den 1081 1190-1750 No (inherited) yes 2-5% rarely - non-payment Crossings - 6125 Lilac - 55+ 65 1150 Earle Brown Farm 120 1 845-920 1010-190 No new ones yes 3% increase disturbance, non-payment Emerson Chalet 18 0 737 870 yes no non-payment, 3 strikes Gateway 252 3 775 850-875-895 995-1045 no yes 50 late payment, police calls, unit maintenance Granite City 72 0 849 949 1139 yes yes 34-55 smoking Granite Peaks 54 0 849 949 1139 no yes 34-55 non-payment Humboldt Courts 36 1 750 900-995 no yes 75-95 non-payment Lynwood - mark 50 0 895-925 1050-1190 yes Yes 2-4% non-payment of rent Melrose Gates 217 0 919-949 1129-1159 1159-1189 2bd+1.5ba 1209-1249 2bd+2ba no yes 100 non-payment River Glen 128 0 900 975-1000 1250 yes yes 50-75 non-payment/late rent Riverwood Estates 84 2 929 999-1050 no yes 40 lease violation Ryan Lake 22 1 800 800-1000 yes yes 75 non-payment Summerset 36 3 700 800-850 1150-1200 yes yes $50 non-payment, lease violations Twin Lake North 276 3 950+ 1105-1225+ yes yes 5% non-payment, behavior Unity Place 112 2 904-909 970 yes yes 30 non-payment Victoria Townhomes 48 4 1340-1400 no yes 40-60 tenant not renew
Phone Survey of Brooklyn Center Single Family Property Management Companies: Management Agency number of Units number of vacant units Rent for a studio Rent for a 1 bedroom Rent for a 2 bedroom Rent for a 3 bedroom Rent for a 4 bedroom Rent for a 5 bedroom Do you accept section 8 Has rent increased over the past 2years? How much has rent increased? Most common reason for Eviction or non-renewal Prosperous 40 0 1050 1250 1450 1550 yes yes 2-3% non-payment Urban homes 2 1300 1400 1500 Yes NA Juliana Koi 2 1 1350 no yes 50 NA Kathleen Freitag 4 0 1235-1325 1410-1450 no no non-payment; destruction of property Tyang 1 0 1150 no no NA Michelle Nyarecha 1 0 1170-1250 yes no non-payment; police violations Nazeen 2 0 1000 1200 no yes 5% NA Tracy Hinkemyer 7 1350-2000 no no NA Dan tan 4 0 850-950 yes no non-payment drugs, noise
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DRAFT CHAPTER 4:
Housing & Neighborhood
Comprehensive Plan 2040
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INTRODUCTION
This Chapter evaluates Brooklyn Center’s existing housing stock and plans for future
housing needs based on household projections, population projections, and identified needs
communicated through this planning process. As required in the City’s 2015 System Statement
prepared by the Metropolitan Council, understanding and planning for the City’s housing
stock is a critical part of the 2040 Comprehensive Plan (Plan). The City’s planned land use
includes three residential categories and residential components of new mixed-use designations
which together account for approximately half of the City’s land use area. Residential land use
will continue to be the largest land use in the community. A diverse housing stock that offers
neighborhood stability combined with access to open space, goods and services is essential to
a healthy, sustainable, and resilient community. It protects the community’s tax base against
market fluctuations; it builds community pride and engagement of existing residents; it helps
the community’s economic competitiveness by assisting Brooklyn Center businesses with
employee attraction and retention; it provides options for existing residents to remain in the
community should their life circumstances (e.g., aging-in-place) change; and it offers future
residents access to amenities and levels of service that support a stable and supportive housing
and neighborhood environment.
The first part of this Chapter focuses on the existing housing stock. It summarizes important
information regarding the overall number of housing units, the type of units, their affordability,
and the profile of their residents. These sections are a summary of more detailed socio-economic
data which is attached to this Plan as an Appendix and serves as a supporting resource to this
Chapter. Understanding the existing housing stock is key to determining what types of housing
products may be demanded over the next 10-20 years and where they should be located.
In conjunction to the statistical or inventory information collected, this Chapter includes
a summary of community, stakeholder and policy-maker feedback related to housing and
neighborhoods heard throughout this planning process. Additionally, this Chapter addresses
the projected housing needs during the planning period and presents some neighborhood and
housing aspirations as identified by the City’s residents and policy-makers. The final section
of this Chapter links projected housing need to practical implementation tools to help the
City achieve its housing goals and identified strategies. The list contained in this Chapter is
not exhaustive but provides a starting place from which the City can continue to expand and
consider opportunities to meet current and future resident needs.
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ASSESSMENT OF EXISTING HOUSING SUPPLY
Overview of Brooklyn Center’s Residential Neighborhoods
The City of Brooklyn Center’s residential neighborhoods are diverse and include a variety of
housing types from single-family neighborhoods to large-scale apartment complexes. Although
the City originally incorporated as a village in 1911, it wasn’t until the Post-World War II era
that the City began to develop on a large scale in which entire blocks and neighborhoods were
constructed with tract housing, suburban streets, and neighborhood parks. Like much of the
region’s first ring suburbs, Brooklyn Center took on the role of a typical bedroom community
where residents could get to their jobs in the downtown, stop for groceries at the retail center,
and go home and park their cars in their garages for the evening. This pattern of development
can be seen throughout the region, but Brooklyn Center had one significant difference for
many decades – the regional mall known as Brookdale. The prominence of the mall and its
surrounding commercial district played a major role in how neighborhoods were built and
developed, which influenced neighborhood patterns and housing types.
Even though the mall is now gone, it continues to have lasting effects on the existing housing
types and neighborhoods and will influence future housing as described in subsequent
sections of this Chapter. For example, in the decades that the mall and regional retail center
was operational much of Brooklyn Center’s multi-family and apartment development was
concentrated near the mall and its surrounding commercial district and provided a transition to
the surrounding single-family neighborhoods. Therefore, even though the mall no longer exists,
the apartments developed around the periphery of its retail area in the 1960s continue to be in
high demand and provide a critical source of housing for many households.
2040 Housing & Neighborhood Goals
»Promote a diverse housing stock that provides safe, stable, and
accessible housing options to all of Brooklyn Center’s residents.
»Recognize and identify ways to match Brooklyn Center’s housing
with the City’s changing demographics.
»Explore opportunities to improve the City’s housing policies and
ordinances to make them more responsive to current and future
residents.
»Maintain the existing housing stock in primarily single-family
neighborhoods through proper ordinances, incentive programs and
enforcement.
»Explore opportunities to incorporate new affordable housing into
redevelopment areas that promote safe, secure and economically
diverse neighborhoods.
* Supporting Strategies found in Chapter 2: Vision, Goals and Strategies
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While related to housing age, the size or square footage of single-family homes also plays a
significant role in the demographics of a community. Changes to family structure, technology,
and other factors alter housing preferences over time, which can lead to functional obsolescence
of homes and result in reduced home values because they no longer meet current buyers’
expectations. Brooklyn Center’s single-family housing stock is fairly homogeneous and the
overwhelming majority of homes in every neighborhood are less than 1,500 square feet – and
in many areas less than 1,000 square feet. This is a relatively modest single-family housing size,
and, therefore, the single-family housing stock lacks diversity, which results in lack of choice
for current and prospective residents. At the same time, these homes offer an option for small
families, single and two-person households, and first time homebuyers.
Because the majority of the City’s single-family housing stock is relatively small, older, and of
a homogeneous type as compared to newer larger homes or neighborhoods with more housing
variety, housing prices in Brooklyn Center tend to be affordable. Also, given the similar age, size
and styles of many of the homes, housing in the community has a fairly consistent price-per-
square foot. Affordability in the existing housing stock can be a positive attribute that has the
potential to provide long-term stability to residents and neighborhoods. However, as shown in
the Background Report residents of Brooklyn Center also tend to have lower median household
incomes, which can mean residents may struggle to pay for large-scale capital investments in
their homes such as replacing windows or a roof.
Additionally, within the region some communities with similar single-family stock to Brooklyn
Center have experienced pressure for tear-downs and major remodeling, and that market
trend has yet to reach the City. While that trend may eventually impact the community, at
the present time the change and growth impacting the single-family neighborhoods is mostly
related to the evolving demographics within the community. This change presents different
considerations and challenges
because it is not necessarily physical
growth or changes to homes
and neighborhoods. Instead the
community is challenged with
how to manage larger numbers of
people living within a household
such as growing numbers of multi-
generational households.
The following sections identify and inventory the existing housing stock in the community
including single-family, attached and apartment uses. Each of these housing types serve a
different role in the community, but each type is an important part of the City’s neighborhoods.
A summary of the City’s existing residential types and neighborhoods are as follows:
Single-Family Residential
Single-family residential neighborhoods are the dominant land use within the City and single-
family detached homes comprise nearly 63 percent of the City’s housing stock. The City’s
single-family detached neighborhoods were developed surrounding higher density and higher
intensity land uses that included the former regional retail center and the major freeway
corridors of I-94 and Highway 100. Most of the single-family neighborhoods are developed on
a grid system with traditional ‘urban’ size lots. Exceptions of some larger lots are interspersed
within the traditional block pattern and along the Mississippi River where a pocket of residents
have views and/or frontage of the river corridor.
The 1950s were the peak decade for housing construction in the City; a period in which owner-
occupied housing predominated. While other housing types began to emerge post 1950s, the
demand for single-family detached housing continued through 1980 as the remaining land
in the community developed. Given the period in which the majority of Brooklyn Center’s
housing stock was built, nearly the entire single-family detached housing stock is more than 40
years old. This is a major concern because at 40 years of age exterior components of a building
including siding, windows, and roofs often need to be replaced to protect its structural integrity.
Because the City became mostly built-out by the late 1970s, nearly all of the City’s housing
stock falls into this category, which means the City must be cognizant of potential issues and
proactively monitor the situation to ensure neighborhoods are sustainable into the future.
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Multi-family Residential
Nearly one third (29 percent) of the City’s housing units are in multi-family residential
buildings located throughout the community. Nearly all of these buildings were constructed
in the 1960s and 1970s, and are primarily located on major roadways or corridors, and
surrounding the former regional retail areas. This means these buildings are nearly 50 years old
or older. Just as noted within the single-family neighborhoods, the potential for deterioration
and need for significant investment in these aging buildings can pose a threat to the quality of
the City’s housing stock if the buildings are not properly maintained, managed and updated.
There has been some maintenance and
management of the multi-family housing
stock, and a few complexes have even
incorporated modest upgrades to the
interiors. In fact, the City has started one
large-scale rehabilitation of a building
that would bring higher-market rate rental
options to the community once completed.
However, this is one project and despite
these improvements the City’s multi-family
housing stock continues to be one of the
most affordable in the region with some of
the lowest rental rates in the metropolitan
area.
Many of the multi-family areas are near
major corridors and are adjacent to high
intensity uses that do not necessarily
support or serve the residential use with the
current development and land use patterns.
As a result, many of the multi-family areas
do not feel like an incorporated part of
the City’s neighborhoods. As discussed in
subsequent sections of this Chapter, the
City is planning for redevelopment in or
adjacent to many of the existing multi-
family areas that will hopefully reinvigorate
and reconnect the existing multi-family
uses into a larger neighborhood context.
Existing Single-family Neighborhood Perspectives Described in this Planning Process
Throughout this planning process policy-makers and residents alike expressed the desire to
maintain the affordability of the existing single-family neighborhoods but acknowledged the
current challenges of helping residents maintain their structures, blocks and neighborhoods in
the face of compounding maintenance due to the age of the City’s neighborhoods. In addition
to the physical condition of the structures, residents and policy-makers also acknowledged that
as the City’s population and demographics become increasingly more diverse new residents are
changing how existing homes are being occupied and, therefore, it would be valuable for the
City to evaluate it’s ordinances and policies to ensure they align with the needs of residents.
The demographic considerations are identified in subsequent sections of this Chapter, but it
is worth noting that the demographic changes can have a significant impact the character of
existing single-family residential neighborhoods. Most recognized this as a positive change, but
also acknowledged and stated that the City must figure out how to pro-actively address some
of these changes to protect the existing neighborhood fabric. For example, multi-generational
households are becoming increasingly more prevalent within the City’s single-family
neighborhoods which can impact how rooms within a home are used, how many cars may be
present at the home, and how outdoor spaces and yards may be used.
Closely related to the demographic changes in the community is the City’s aspiration to
promote and maintain neighborhood stability. This objective emerged repeatedly throughout
this planning process as residents and policy-makers expressed the desire to identify strategies to
help promote and encourage sustainability, resiliency and accessibility within the single-family
neighborhoods. In part this objective is the result of several years of turnover within the single-
family neighborhoods as long-term residents begin to age and move onto other housing options,
new residents and families are moving into the neighborhoods. This life-cycle of housing is
common, but the City wants to find ways to ensure new residents want to stay in their homes,
their neighborhoods, and the community long-term and invest in making the City a better place
for generations to come.
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Housing Stock Statistics
The following existing housing stock characteristics support the previous neighborhood
descriptions through more detail. This information, coupled with the previous description,
provides a valuable baseline from which the City can evaluate and plan for the future of its
housing stock.
Total Housing Units
According to data from the Metropolitan
Council and the City of Brooklyn Center,
there are 11,603 housing units in Brooklyn
Center as of 2017. As a fully developed
community, new residential development in
Brooklyn Center has been limited since the
late 1980s. According to the Metropolitan
Council, around 100 new housing units
have been built since 2000 and these homes
were primarily small infill locations or small
redevelopment opportunities.
Housing Tenure (Owned and Rented Units)
Nearly 40 percent of the community’s residents rent, and the majority of those renters live in
apartment buildings which are integrated throughout the community. The Background Report
in the Appendix includes maps illustrating the location of rental housing and demographics of
renters. Given that a significant portion of the City’s population lives in apartments, the age of
such structures becomes critically important
to the overall health of the housing supply.
The majority of the apartments were
constructed prior to 1979 with the bulk of
the units being constructed between 1966
and 1969. This means that the majority of
the apartments is more than 50 years old,
and that structural deficiencies and major
capital improvements may be required in
the relatively near term in order for the
structures to remain marketable.
Multifamily Neighborhood Perspectives Described in this Planning Process
Throughout this planning process the City’s residents were vocal about the existing multi-family
options available in the community and the lack of diversity within the multi-family housing
stock. Without a full inventory of all available multi-family units it is difficult to confirm some
of the anecdotal comments heard throughout the process, but nevertheless it is important to
consider since residents’ testimony provides valuable insight into the existing housing stock.
Several residents indicated that there are few options available for larger multi-family units with
at least three (3) bedrooms, making it difficult to find stable living options for families with
more than two (2) children. Residents also communicated a desire to have housing options that
were closer to supportive retail, commercial and services so that they could walk, bike or easily
use transit to meet their needs. Despite these challenges, the City’s parks, trails and open spaces
were viewed as an integral and important part of their quality of life.
Similarly, to the single-family neighborhoods, the community’s aspiration to create a stable,
accessible, and economically diverse multi-family housing stock was established as a short and
long-term priority. Though not discussed at length during this planning process, it is widely
known and understood that resident turnover, including evictions, is a serious problem that
is most concentrated within the multi-family neighborhoods of the City. While this Chapter
does not attempt to fully evaluate the causes for turnover and eviction in these neighborhoods,
it does acknowledge it as a significant challenge and issue which shapes the character of these
areas of the community. Turnover, including evictions, changes how residents feel about the
community whether the City is directly involved or not. It has lasting affects on how safe people
feel within a community, how invested in an area they want to become and how willing they
are to contribute and reinvest in the City. For these reasons, it is imperative that the City tackle
these issues and create a more stable, and integrated living environment so all residents feel a
part of a neighborhood, and the larger community.
11,603 Brooklyn Center
housing units as of February 2017
- Sources: Metropolitan Council
40% of community residents
are renters
- Sources: Metropolitan Council; US Census; SHC
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Approximately 86 percent of Brooklyn Center’s housing stock (over 10,000 units) is more than
40 years old. This is an overwhelming portion of the City’s housing, and it is therefore important
to track the condition of these older homes as they are at-risk of deferred maintenance. This can
rapidly result in critical structural problems. At the same time, well-maintained older housing can
be an important source of entry-level housing because of its relative affordability when compared
to newer construction.
Table 4-1. Year Built
Housing Type
Related to housing tenure is housing type. Due to
Brooklyn Center’s peak time of housing development in
the 1950s, the housing type is predominantly single-family
detached homes. As of 2017, there are 8,270 units (71
percent) of single-family housing (attached and detached)
and 3,333 (29 percent) classified as multi-family housing.
The type of housing structure can influence not only
affordability but also overall livability. Having a range of
housing structures can provide residents of a community
options that best meet their needs as they shift from one
life stage to another. For example, retirees often desire
multi-family housing not only for the ease of maintenance, but also for security reasons. Multifamily
residences are less susceptible to home maintenance issues or burglary concerns because of on-site
management. For those with health concerns, multi-family residences often have neighbors that can also
provide oversight should an acute health problem occur.
The majority (63 percent) of Brooklyn Center’s housing stock consists of detached single-family homes.
This is above the proportion found in Hennepin County (55 percent) or throughout the metropolitan
area (59 percent). Nevertheless, the City’s housing stock is diversified, with many multi-family units in
large structures, as well as a significant number of single-family attached units. More detailed data are
included in the Background Report in the Appendix.
Year Built
The age of the housing stock is an important characteristic of the community particularly as it relates
to potential structural obsolescence and other limiting factors which correlate to housing values. As
described earlier, much of Brooklyn Center’s single-family housing stock was developed post-World
War II between 1950 and 1963 and many of the homes in this age range were dominated by rambler
architectural styles. As shown on Map 15, entire neighborhoods were all constructed in a relatively
short period of time which strongly defines a neighborhood pattern. As shown, most of Brooklyn
Center was developed on a fairly regular grid pattern and does not reflect a ‘suburban’ development
pattern. This is positive from the perspective that transportation and transit connections should be
easier to improve, where necessary, because of the relatively dense population of the neighborhoods.
However, aging neighborhoods can present a challenge as major systems (i.e. roof, siding, windows,
HVAC, etc.) reach the end of their useful life. This can be particularly difficult if residents are unable
to reinvest and maintain their properties, which leads to deferred maintenance and the potential for
more significant problems that would become widespread across entire neighborhoods.
71% of housing units are
single-family
- Sources: Metropolitan Council;
US Census; SHC
86% of housing stock is
more than 40 years old
- Sources: US Census; SHC
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Map 4-1. Estimated Market Value of Owner-Occupied Housing Housing Affordability
The Metropolitan Council considers housing affordable when low-income households are spending
no more than 30 percent of their income on housing costs. Households are considered low-income if
their income is at or below 80 percent of the metropolitan area’s median income (AMI).
The housing stock in Brooklyn Center is affordable relative to other communities in the Twin
Cities region. According to the Metropolitan Council, 93 percent of the housing units in 2017
in Brooklyn Center were considered affordable. Moreover, only a small portion (5 percent) of
this housing is publicly subsidized. Therefore, most housing is privately-owned and pricing
is set by the market. According to the Minneapolis Area Association of Realtors, there were
480 home sales in Brooklyn Center in 2017 with a median sales price of $186,125. This was
roughly 25 percent lower than the Metro Area median sales price of $247,900. For rental
housing, according to CoStar, a national provider of real estate data, the average monthly rent
for a market rate apartment in Brooklyn Center in 2017 was $981 compared to the Metro Area
average of $1,190.Brooklyn
Center
Broo klyn Park
Columbia
Heights
Crystal
Fridley
Robbinsdale
Minneapolis
-
Owner-Occupied Housing by Estimated Market Value
1/5/2018
.1 in = 0.55 miles
Brooklyn Center
County Boundaries
City and Township Boundaries
Streets
Lakes and Rivers
Owner-Occupied Housing
Estimated Market Value, 2016
$243,500 or Less
$243,501 to $350,000
$350,001 to $450,000
Over $450,000
Source: MetroGIS Regional Parcel Dataset,
2016 estimated market values for taxes payable
in 2017.
Note: Estimated Market Value includes only
homesteaded units with a building on the parcel.
$186,125
2017 median home sale price
in Brooklyn Center
$247,900
2017 median home sale price
in the Metro Area
- Source: Minneapolis Area Association of Realtors,
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The high rate of affordability is largely due to the prevalence of smaller and older homes in the
single-family neighborhoods, and the age and level of improvements within the multi-family
rental neighborhoods. Such small sized properties are typically less expensive because they
have significantly less living space than newer homes (average construction square footage has
increased each decade since the 1950s). Age and level of update and improvements within the
apartment stock, coupled with the average number of bedrooms in the rental units is impacting
the relative affordability of the multi-family units. The condition in both the single-family
and multi-family housing stock is what is known as Naturally Occurring Affordable Housing
(NOAH), because the physical characteristics of the properties are what makes them affordable
rather than the affordability being established through a legally binding contract. Although there
is a high rate of affordability for existing units, the Metropolitan Council identifies a need for
additional affordable units in any new housing construction added to the community through
2040. This condition would most likely be achieved by a legally binding contract, or some other
financing mechanism as new affordable housing product would be difficult to achieve without
some assistance given construction and land costs. Of the 2,258 projected new housing units, the
Metropolitan Council establishes a need of 238 units to be affordable to households at or below
80 percent AMI to satisfy the regional share of affordable housing.
Although nearly all of Brooklyn Center’s housing stock essentially fits within the criteria as
naturally occurring affordable housing, there are some observable trends that would suggest
the price of housing in Brooklyn Center could rise in the coming years. Most recently in 2018
the City’s for-sale housing median home sales price surpassed the pre-bust pricing. While the
median remains below the regional median, it does indicate growing demand and increased
pricing. Significant areas of redevelopment identified on the Future Land Use Plan, including
the former regional mall (Brookdale) location, present opportunities for higher-market rates for
new housing added. These opportunities have the potential to create a more economically diverse
housing stock within the City, which is relatively homogeneous at the time this Plan is written.
Given these opportunities, it is important to continue to monitor the City’s NOAH stock, and
to evaluate and establish policies to incorporate legally binding and protected affordable housing
as redevelopment occurs. This is a careful balancing act that requires concerted and direct
monitoring, study, and evaluation in order to ensure an economically diverse, sustainable and
resilient housing stock for the long-term success of the community.
Table 4-2. Existing Housing Assessment
Total Housing Units1 11,608
Affordability2
Units affordable to households with
income at or below 30% of AMI
Units affordable to households
with income 31% to 50% of AMI
Units affordable to households with income
51% to 80% of AMI
460 4,451 6,029
Tenure3
Ownership Units Rental Units
6,911 4,697
Type1
Single-family Units Multifamily Units Manufactured Homes Other Housing Units
8,275 3,333 0 0
Publicly Subsidized Units4
All publicly subsidized units Publicly subsidized senior units Publicly subsidized units
for people with disabilities
Publicly
subsidized units:
all others
553 22 0 531
Housing Cost Burdened Households5
Income at or below 30% of AMI Income 31% to 50% of AMI Income 51% to 80% AMI
1,691 1,406 895
1 Metropolitan Council, 2016 housing sock estimate. Single-family units include single-family detached homes and townhomes. Multifamily units include units in duplex, triplex, and
quadplex buildings as well as those in buildings with five or more units.
2 Metropolitan Council staff estimates for 2016 based on 2016 and 2017 MetroGIS Regional Parcel Datasets (ownership units), 2010-2014 Comprehensive Housing
Affordability Strategy data from HUD (rental units and household income), and the Council’s 2016 Manufactured Housing Parks Survey (manufactured homes). Counts from
these datasets were adjusted to better match the Council’s estimates of housing units and households in 2016 as well as more current tenure, affordability, and income
data from eh American Community Survey, home value data from the Federal Housing Finance Agency, and rents from HousingLink’s Twin Cities Rental Revue data.
3 US Census Bureau, 2012-2016 American Community Survey five-year estimates; counts adjusted to better match the Council’s 2016 housing stock estimates.
4 Source: HousingLink Streams data (covers projects whose financing closed by December 2016)
5 Housing cost burden refers to households whose housing costs are at least 30% of their income. Source: US Department of Housing and Urban Development, 2010-
2014 Comprehensive Housing Affordability Strategy (CHAS) data, with counts adjusted to better match Metropolitan Council 2016 household estimates.
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Cost Burdened Households
Cost burden is the proportion of household income spent toward housing and utilities. When
lower income households spend more than 30 percent of their income toward housing and
utilities this burden is considered excessive because it begins to limit the money available for
other essentials such as food, clothing, transportation, and healthcare. According to data from
the Metropolitan Council, 4,114 (35 percent) Brooklyn Center households at or below 80
percent average median income (AMI) are considered cost-burdened which means they spend
more than 30 percent of household income on housing costs. This percentage is well above
the metro area rate of 23 percent. Half of these Brooklyn Center households are lower income
households who earn at or less than 30 percent AMI. The high incidence of cost burdened
households is correlated with younger wage earners, lower-wage jobs, and a high proportion of
older households, many of which are in retirement and no longer working.
FUTURE HOUSING OPPORTUNITIES
Projected Housing Need
As referenced in Chapter 3: Land Use & Redevelopment and the following Table 4-4, the
Metropolitan Council’s 2015 System Statement forecasts that Brooklyn Center will add
approximately 4,169 new residents and 2,258 new households through 2040 and identifies the
following affordable housing allocation to be accommodated between 2020 and 2030.
Table 4-3. Affordable Housing Need Allocation
At or below 30% AMI 103
31 to 50% AMI 0
51 to 80% AMI 135
Total Units 238
Source: 2015 System Statement - Metropolitan Council
Housing Challenges inform Housing Needs
The Metropolitan Council’s System Statement identifies approximately 10% of the planned
housing units for some level of affordability as identified in Table 4-3. As described in other
chapters of this Plan, for the first time since the post-World War II housing boom the City
is expected to add a significant number of new households. These new households have the
opportunity to provide a more diverse housing stock, and add to the options of available for
existing and new residents in the community. Redevelopment can reinvigorate and revive
KEY DEMOGRAPHICS
Age Profile of the Population
The age profile of a community has important ramifications on demand for housing, goods
and services, and social cohesion. Tables and figures illustrating the City’s age distribution are
presented in the Background Report in the Appendix. Unlike the broader region, in which the
population continues to age rapidly, Brooklyn Center’s population grew younger between 2000
and 2010, and has stayed relatively stable since 2010. This is largely due to a significant increase
in people age 25 to 34, many of which are starting families and having children. Increases in
the number of young families place demands on schools, housing affordability, and the types of
retail goods and services needed.
The median age of residents in Brooklyn Center in 2016 was 32.8, which is consistent with
the 2010 median age of 32.6. This is younger than 2000 when the median ages was 35.3. With
such a young population, it is expected housing units may turn over more frequently. But, as
of 2016, more than 60 percent all households have been living in their homes for more than
five (5) years. More data about geographic mobility of households is found in the Background
Report in the Appendix.
Household & Family Type
Changing family and household structures can
also have a profound effect on housing and
other community needs. For example, decreasing
household size has a direct impact on the amount
of housing a household needs. As mentioned, the
presence of children not only impacts local schools
and parks, but also the types of retailers that can be
supported and the nature of housing demanded.
Since 2010, the number of households with children
in both single-parent and married couple households
has been growing significantly. Meanwhile, the
trend among households without children, especially
married couples (i.e., empty-nesters) has been on the
decline. The percentage of households with children
is approaching 40 percent, which is well above the
rate in the County and the metro area.
32.8 Median age of
Brooklyn Center residents
- Sources: US Census, SHC
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• The City has discussed developing a more formal housing action plan to better
understand the needs of its residents. The plan would work to better understand
cost-burdened households, eviction rates and policies, home-ownership racial
disparities, and gaps in the housing stock.
• Continuing to revise, enhance and modify its policies and ordinance to respond to
residents needs. This includes monitoring best-practices in the region, being agile
and open to changes and enhancements. As an example of this type of ordinance
or policy response the City recently adopted a Tenant Protection Ordinance that is
aimed and protecting the City’s residents ability to maintain stable, safe housing.
The City’s projected housing needs are complex, and are likely to become more complicated
as redevelopment occurs. However, the City intends to continue to prioritize discussion
and action around creating safe and stable housing throughout the City. The following
sections specifically address the new housing expected to be develop in this planning period.
The new and redevelopment areas should be considered collectively with the City’s existing
neighborhoods to ensure an incorporated, integrated approach to the City’s neighborhoods is
achieved to create a dynamic community for generations to come.
areas of the community with vibrant, experience-rich areas that will benefit everyone in the
community. The City is excited for redevelopment to create a dynamic central hub of activity
in the community, but also acknowledges that it must be balanced with strong assessment,
planning and appropriate protection of its existing housing stock to ensure neighborhood
sustainability and stability in all areas of the community.
New housing stock brings the possibility of adverse impacts to existing single-family and
multi-family properties if proactive steps are not taken to protect existing naturally occurring
affordable housing (NOAH), single-family neighborhoods, and multi-family properties.
The City’s policy makers throughout this process discussed and acknowledged that bringing
new market-rate, amenity rich housing products could have deleterious affects specifically
on existing naturally occurring affordable housing if a plan to protect affordability is not
implemented. This is a huge concern as resident stability through access to safe and healthy
housing is one of the City’s adopted strategic priorities. If proper tools are not in place there are
no protections to keep rents reasonable for residents and to maintain reasonably priced for-sale
housing as redevelopment takes holds.
One of the positive aspects of the City’s identified redevelopment areas is that the land proposed
for redevelopment does not contain existing housing. In a fully-development community this
is unusual for a large redevelopment area, and is positive because no residents will be displaced
as a result of the City’s redevelopment aspirations. However, even though residents will not be
displaced directly, indirectly, redevelopment could increase the desirability of activities such as
flipping single-family homes and converting NOAH multi-family properties for higher-rents.
To address some of these concerns an extensive list of high-level tools have been outlined
in Table 4-5 of this Chapter. The City recognizes that this chapter is only the start of an
ongoing conversation, and it is the City’s policy-makers intent to continue to be proactive,
and to collaborate with non-profits and advocate for a broader regional approach to housing
affordability. In addition to the tools identified in Table 4-5, the City is also continuing
conversations about:
• Viability of a non-discrimination ordinance related to Section 8 acceptance.
Adjacent Cities, including Minneapolis, have attempted to include ordinances in
their tool-kit addressing this issue. While the issue is currently in court, Brooklyn
Center will continue to monitor the process and may consider adoption of a
similar ordinance depending on its outcome.
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Future Residential Uses in Planned [Re] Development Opportunity Areas
Transit-Oriented Development (TOD)
Transit-Oriented Development (TOD) is a new land use and redevelopment concept in the City
that focuses on existing and planned transit as a major amenity and catalyst for redevelopment.
While previous planning efforts have acknowledged the presence of transit in the community, none
have embraced it as an opportunity for redevelopment. As this portion of the City redevelops,
the location of future transit enhancements has the potential to attract significant new housing
development. Therefore, this is where guided densities are the highest. This is purposeful because
the area has exceptional visibility and access from Highway 100 and I-94, and will be served by two
transit stops (one being a transit hub) for the C-Line Bus Rapid Transit (BRT) and the potential
future D-Line BRT. The C-Line BRT is planned to open in 2019 and will mimic the operations
of LRT (light rail transit), offering frequent transit service that will connect residents to the larger
region. To best support the C-Line, and future D-Line, the City has planned to reinvigorate
and re-imagine this central area of the community as a more livable, walkable, and connected
neighborhood within the City. In addition, the potential for desirable views of Downtown
Minneapolis could result in pressure to build taller structures in this area. Any development of
this area should also be seen as an opportunity to support commercial users, improve multi-modal
service and access, and allow safe, pleasant, and walkable connections to transit, parks, and other
community destinations.
As this area evolves, the desirability of this area as an amenity-rich livable area is likely to improve.
As change occurs, the housing within the area is likely to be at market rates adding to a more
economically diverse housing stock than is currently available in the community. This would add
more housing choices in Brooklyn Center, and it could also support a mix of both market rate
and affordable units; provided proper policies are developed to ensure legally binding affordable
housing is incorporated into development plans. Communities oftentimes explore policies such as
inclusionary zoning as redevelopment accelerates which may become an appropriate consideration
in the future, but is likely not to be the best approach given current market conditions. However,
in the future if significant increases in the market occur it
may warrant further discussion in the City. Regardless of the
policy tool (whether regulatory or incentive based) selected,
consideration will need to be given to working with any future
developer in a possible partnership with the City to help deliver
affordable units as part of redevelopment. As described within
the Chapter 9: Implementation, the City will continue to explore
proper methodology and policies to ensure an economically
diverse housing stock is created as housing continues to evolve in
the community.
New Housing Opportunities in this Planning Period
Recognizing that the land use plan for Brooklyn Center identifies several key areas that are
envisioned for new development or redevelopment, this will result in an opportunity to
accommodate more housing and increase the City’s number of households. Based on guided
residential densities in the development opportunity areas, the City can accommodate the
Metropolitan Council’s forecasted households as well as meet the allocated affordable units as
shown in Table 4-3 above. As indicated in the Land Use Chapter, depending on how the market
responds to these redevelopment areas the City could accommodate anywhere between 2,658
and 3,836 new households by 2040 (Chapter 3: Table 3-5, repeated in the following Table 4-4).
Table 4-4. Future Land Use Densities and Projected Acres, Households & Population
Future Land
Use Density (DU/A)2020 Acres
(Res)b HH Popc 2030 Acres
(Res)b HH Popc
Transit Orient
Development
31.01-130
DU/A 9 279 619 26 814 1,807
Neighborhood
Mixed-Use
15.01-31
DU/A 13 195 433 19 285 632
Commercial
Mixed Use
10.01 – 25
DU/A 8 80 178 15 150 333
High Density
Residential
15.01-31
DU/A 212 3,180 7,060 212 3,180 7,060
TOTAL ----3,734 8,290 --4,429 9,832
Source: Metropolitan Council, Thrive 2040 Brooklyn Center 2015 System Statement, SHC.
a Acreages assume that some recently redeveloped areas within these land use designations will not experience
redevelopment until post-2040 and therefore households are not calculated. Please refer to Map 3-3 that identifies
areas planned for change within this planning period.
b Note, there are existing households in each of the designations today that would be re-guided for potential
redevelopment in the future. This accounts for existing households and those that my potentially develop over the
next two years.
c Calculation multiplies households by 2.22 persons per household (According to the 2016 ACS (Census), for multi-
family units (5+ units in structure)
There are three large districts identified in the City with guided land use that allows for
significant potential of new development and redevelopment through 2040. These areas have
the potential to greatly expand Brooklyn Center’s current housing numbers and choices.
Moreover, each opportunity area has the potential to not only provide new forms and types of
housing but to catalyze or rejuvenate investment into the City resulting in stronger linkages
between neighborhoods and districts that are currently isolated from one another. The following
section discusses these areas further.
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Commercial Mixed-Use Areas
The Commercial Mixed-Use areas generally surround the TOD area and are contemplated for large-
scale redevelopment but are equally as focused on supporting business and office users. These areas are
generally within one mile of the transit station that serves as a major hub for regional and local transit
services, and therefore new housing will still have opportunities to capitalize on this as an amenity.
Slightly less dense than the TOD district, these areas may provide exceptional opportunities to introduce
multi-family uses such as town homes, row homes, and small lot single-family uses that could cater
to larger families and incorporate more units with three or more bedrooms. As indicated in previous
sections of this Chapter, the City’s residents expressed a desire to have access to more rental units with
more bedrooms and larger square footages. While a detailed market study would likely be needed to
confirm the demand for these uses, if we can take the anecdotal information as true, this area has the
potential to support those types of uses. As with the TOD district, affordability is likely to become a
consideration in any redevelopment within these areas because new construction naturally costs more
and as the area redevelops interest and demand is likely to escalate costs. It is therefore important, just
as with the redevelopment of the TOD district, that the City evaluate and explore ways to incorporate a
range of affordable and market rate opportunities in new developments.
Neighborhood Mixed-Use Areas
The Neighborhood Mixed-Use is a new land use designation that responds to resident and policy-makers
desire to incorporate retail and services into the neighborhood fabric. One of the ways the City can
accomplish that objective is to create ‘nodes’ of mixed-uses that include residential uses, but protect
key corners for small retailers, shops, or restaurants that create a more vibrant streetscape. The City
acknowledges that these areas are less likely to redevelop with any regularity. Therefore, the number
of new housing units expected to come on-line in these areas is a little less tangible than in areas with
large contiguous redevelopment acres. However, the nodes have the opportunity to provide yet another
housing style and type, as these areas are not envisioned for large high-rises or extensive master plans.
Instead, these areas are contemplated to have smaller footprints with living units above a small store
front or restaurant for example.
HOUSING RESOURCES, STRATEGIES & TOOLS
Table 4-5 outlines a variety of resources, strategies, and tools to implement Brooklyn Center’s
identified housing needs and stated housing goals. There is a wealth of resources available to
assist communities in meeting their goals. The following table should be considered a starting
point. As the City’s housing needs evolve or become clearer, this set of tools should expand with
options.
Table 4-5. Housing Resources, Strategies & Tools
Housing Goal
Tool/
Resource/
Strategy
Description Affordability
Target
Promote a diverse
stock that provides
opportunities for
all income levels
Housing
Demand
Market Study
Conduct a market study and gaps analysis to track housing
demand. This study and report could double as a marketing
and promotional piece about housing opportunities.
<30% AMI
51-80% AMI
HRA/CDA/
EDA
Work with the County HRA and City EDA to protect and
enhance existing NOAH in the City. Use Market Studies
to help identify opportunities to meet housing needs in the
City and evaluate ways to partner with the County and
other program providers.
<30% AMI
30-50% AMI
51-80%
Site
Assembly
Consider strategies for assembling sites in high-density
or mixed-use districts that would increase appeal to
developers.
<30% AMI
51-80% AMI
CDBG
Work with Hennepin County to use CDBG funds to help
low-and moderate-income homeowners with rehabilitation
assistance. CDBG funds will also be explored for use
to support redevelopment efforts that meet the City’s
goals towards a diverse housing stock (units and market/
affordable diversity).
<30% AMI
51-80% AMI
Tax
Abatement
Consider tax abatement for large rental project proposals
that provide unit and income-mix within a single project.
The City is particularly interested in projects with market
diversity and units of different size to cater to a larger
market (singles, families, multi-generational, etc).
<30% AMI
51-80% AMI
HOME and
Affordable
Housing
Incentive
Fund
Consider application, and utilization, of HOME and
Affordable Housing Incentive fund grants to support a
diverse housing stock. The City will prioritize projects that
include a unit size and income mix that meets the needs of
single-person and families in the City.
<30% AMI
30-50% AMI
Housing
Bonds
The City would consider issuing Housing Bonds for projects
that include units for large families, particularly in projects
with a mix of unit sizes and incomes. However, it should be
noted that there are limitations to the city bonding authority
and other programs may be more suitable
<30% AMI
51-80% AMI
Brownfield
Clean-up
In potential redevelopment areas, explore EPA and MN
DEED grant programs that provide funding and assistance
with planning, assessment, and site clean-up.
<30% AMI
30-50% AMI
51-80%
4D for NOAH
Properties
The City will continue use of 4D classification for the
purpose of protecting its Naturally Occurring Affordable
Housing (NOAH) uses throughout the City.
<30% AMI
30-50% AMI
Pooled TIF
Funds
Explore the use of TIF housing funds to create a revolving
loan program to support the rehabilitation of existing single-
family and multi-family NOAH properties.
<30% AMI
30-50% AMI
51-80%
HOUSING & NEIGHBORHOOD - DRAFT 03-21-2019 HOUSING & NEIGHBORHOOD - DRAFT 03-21-2019
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Housing Goal
Tool/
Resource/
Strategy
Description Affordability
Target
Identify ways to
match housing
stock with changing
demographic Housing
Coordinator
Position
The City would create a position that would serve as
a liaison to existing landlords to help them respond to
shifting demographics through training and access to city
resources. The position could also serve as a resource
for tenants to connect to support services in the event of
eviction notices, discriminatory practices, and other issues
related to housing access. The position would include
coordinating housing programs, including home ownership
programs, resident financial literacy programs, with the
intent to convert Brooklyn Center renters to successful
home owners.
<30% AMI
30-50% AMI
51-80%
Referrals
Review and update reference procedures and training for
applicable staff including a plan to maintain our ability to
refer residents to any applicable housing programs outside
the scope of local services.
<30% AMI
30-50% AMI
51-80%
Preserve
LIHTC
properties
The City will monitor expiring LIHTC properties and work to
find solutions to protect and preserve these affordable units
to meet the needs and demands of the City’s residents.
The City will approach owners with expiring properties to
discuss the possibility of 4d program tax breaks
<30% AMI
30-50% AMI
Explore
opportunities
to improve City
housing policies
and ordinance
to make more
responsive
Expedited
Application
Process
Streamline the pre-application process in order to minimize
unnecessary delay for projects that address our stated
housing needs, prior to a formal application submittal
<30% AMI
30-50% AMI
51-80%
Fair Housing
Policy
The City will work to incorporate a Fair Housing policy into
its ordinances and policies.
<30% AMI
30-50% AMI
51-80%
Existing
ordinances
The City will continue to operate its Rental Licensing
Program, and will periodically review and make
enhancements to support the City’s residents.
<30% AMI
30-50% AMI
51-80%
Update the
City’s Zoning
to support
new land
uses
The City’s future land use plan provides opportunities
to include high density residential uses in the areas
identified for redevelopment. The City will update its
zoning ordinance, including prepare new zoning districts,
to support the housing needs identified in this Housing
chapter.
<30% AMI
51-80%
Maintain existing
housing stock
in single-family
neighborhoods
through proper
ordinances,
incentives and
enforcement
Foreclosure
Prevention
In established neighborhoods, a rash of foreclosures,
especially in close proximity to one another, can have a
deleterious effect on the surrounding neighborhood. Be
aware of foreclosures and be able to direct homeowners
at-risk of foreclosure to resources that can help prevent
foreclosures. http://www.hocmn.org/
<30% AMI
30-50% AMI
51-80%
Low or No
Cost Home
Loans
Providing low-or no-cost loans to help homeowners repair
heating, plumbing, or electrical systems helps preserve
existing housing. For example, Minnesota Housing’s
Rehabilitation Loan and Emergency Loan programs
make zero percent, deferred loans that are forgivable if
the borrower lives in the home for 30 years. Minnesota
Housing’s Community Fix Up Program offers lower-cost
home improvement loans, often with discounted interest
rates, remodeling advising, or home energy services,
through a trained lender network.
<30% AMI
30-50% AMI
51-80%
Home
Ownership
Program
Work with residents to provide education and programs
to make home ownership possible, particularly converting
existing renters to home owners through supporting down-
payment assistance programs.
30-50% AMI
51-80%
Code
Enforcement
The City will continue to operate a robust code
enforcement program that includes both complaint-based
enforcement and proactive sweeps.
<30% AMI
30-50% AMI
51-80%
Vacant
Building
Program
The City will continue to operate its Vacant Building
Program that tracks and monitors vacant properties in the
City to ensure adequate upkeep and maintenance.
<30% AMI
30-50% AMI
51-80%
Explore
opportunities to
incorporate new
affordable housing
into redevelopment
areas
Inclusionary
Housing
Ordinance
If the market strengthens in redevelopment areas to the
extent that policies would not deter investment, the City
could consider an inclusionary housing ordinance to
ensure that affordable housing is a component of any new
housing development. Since current market conditions
in the City are well below those of adjacent communities,
an inclusionary policy may deter short-term investment.
The City may want to explore this policy in the future if the
market rents rise to levels of at least 80% AMI.
<30% AMI
30-50% AMI
51-80%
Livable
Communities
(LCA
and LCA
LCDA-TOD)
Consider supporting/sponsoring an application to LCDA
programs for multi-family rental proposals in areas guided
for high density residential and targeted to households of
all income levels.
<30% AMI
30-50% AMI
51-80%
Tax
Increment Financing
(TIF)
To help meet the need for low-income housing, the City
will establish a TIF district in an area guided for TOD and
mixed uses.
<30% AMI
30-50% AMI
51-80%
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M EM OR ANDUM - COU N C IL WORK SESSION
DAT E:1/11/2021
TO :C ity C ounc il
F R O M:C urt Bo ganey, C ity Manager
T HR O UG H:N/A
B Y:C o rnelius L. Bo ganey, C ity Manager
S UBJ E C T:P ending Items
Recommendation:
C ouncil R etreat F ollow-up
C o uncil P olic y fo r C ity C harter requirement o f Mayor's s ignature
on all contrac ts
S trategic P lans fo r years 2018-2020 and 2021-2023
R eview S pec ial As s es sment P o licy
O pportunity S ite Up d ate
Earle Bro wn Name
Tobac co O rd inance
B ackground: