HomeMy WebLinkAbout02-28-22 CCP
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We Agree To
Internal Council Relations – Norms for 2021 – Practiced for next 90 days
• Seek to not repeat or re-iterate points that were already shared
• Engage in discussion and sharing alternate perspectives without weaponizing other
people’s words
• Recognize others with “What I heard you say is _____, with your permission, I’d like to
move forward now.”
• Call for consensus when it’s time to make a discussion
• Allow new solutions in a time of dynamic change, process: (1) name the problem (2) find
the process to resolve (3) have the discussion (4) make a decision.
• After open discussion, close down the chat during council chamber discussion (*need to
vote on it).
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2/14/22 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
FEBRUARY 14, 2021
VIA ZOOM
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at
6:01 p.m.
ROLL CALL
Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan were present. Also present were City Manager Reggie Edwards,
Community Development Director Meg Beekman, and City Clerk Barb Suciu.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Lawrence-Anderson stated she had questions about Consent Agenda Item 6f.
Resolution Approving Lease Agreement with Phu Bia Produce LLC for City-owned property at
1350B Shingle Creek Crossing. She asked if they could move the item under 10. Council
Consideration Items to become item 10b.
Mayor Elliott confirmed they could move 6f. Resolution Approving Lease Agreement with Phu
Bia Produce LLC for City-owned property at 1350B Shingle Creek Crossing to become 10b.
Resolution Approving Lease Agreement with Phu Bia Produce LLC for City-owned property at
1350B Shingle Creek Crossing.
City Manager Reggie Edwards stated Staff was not prepared to present on Consent Agenda Item
6e. Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees at Certain
Properties in Brooklyn Center, Minnesota.
Mayor Elliott confirmed Consent Agenda Item 6e. Resolution Declaring a Public Nuisance and
Ordering the Removal of Dead Trees at Certain Properties in Brooklyn Center, Minnesota could
be removed.
Councilmember Graves stated there have been updates on the Tenant Protection Ordinance since
the last meeting. She noted she was not present at the last Council meeting due to illness. She
stated there will be plenty of time to receive feedback from interested parties during Council
Consideration Item 10a. An Ordinance Amending Chapter 12 of the City Code of Ordinance
Regarding Tenant Protections and Approve a Resolution to allow a Summary Publication of the
Ordinance, but she is not sure if the Council will be ready to vote on the item. Councilmember
Graves asked if they could table the item after public input.
2/14/22 -2- DRAFT
Mayor Elliott confirmed they could table the item after public comment. He added they could
move the item into the Work Session. He agreed they would likely want more time to consider
the item after receiving public input. Councilmember Graves stated some parties would like to
provide further input after the changes have been made to the Ordinance.
Councilmember Lawrence-Anderson noted her appreciation of Councilmember Graves’ input. As
a matter of process, the Council utilizes advisory commissions on topics. Through their bylaws,
the Housing Commission is supposed to provide input on all housing matters. The Housing
Commission will be meeting the following night, and the Housing Commission Chairperson has
not seen the most updated version of the Ordinance. Councilmember Lawrence-Anderson
suggested they receive public input at the current meeting then table the topic. She explained she
is the liaison to the Housing Commission and would be attending the meeting the following
evening.
MISCELLANEOUS
COMMON SENSE RETREAT DATES
Dr. Edwards stated a few dates have been suggested by Councilmembers for a retreat with
Common Sense. He explained he wanted to confirm the dates. The potential dates for the retreat
are March 12, May 7, August 6, and November 5, 2022.
Mayor Elliott asked if all four dates would be needed for meetings. Dr. Edwards stated there need
to be four meetings with Common Sense throughout the year. Mayor Elliott stated the dates work
for him. He asked for all of the meetings to be put on the calendar.
Councilmember Graves stated she does not see any obvious conflicts, but there is a potential
conflict on August 6 for a family camping trip. Councilmember Butler added these dates work for
her.
Councilmember Ryan stated the dates work for him. He asked if the venue for the meetings would
be the Heritage Center. Dr. Edwards stated they are currently planning on meeting at the Heritage
Center.
Councilmember Lawrence-Anderson noted she has already added the four meeting dates to her
calendar.
Dr. Edwards added Staff has been trying to keep the Councilmember’s calendars updated with
notes regarding if events are mandatory or optional. Councilmember Lawrence-Anderson thanked
Dr. Edwards for his comment.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
Mayor Elliott suggested they rearrange the order of the items to account for presenters. Dr.
Edwards stated only Staff is scheduled to present on the items.
2/14/22 -3- DRAFT
Mayor Elliott stated the first item, Continue Allocation of American Rescue Plan Act Funds, will
take the longest. He added there are members of the public that would like to participate in the
discussion of the third item, Heritage Center and Minnesota Orchestra Hall Concert. Mayor Elliott
suggested starting with the item regarding Community Development Block Grant Funding
Allocation Discussion. From there, they could discuss the Heritage Center and Minnesota
Orchestra Hall Concert and then the item Continue Allocation of American Rescue Plan Act
Funds.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATION
DISCUSSION
Dr. Edwards introduced Community Development Director Meg Beekman to give the Staff
presentation.
Ms. Beekman explained the item is before the Council each year. She stated City Staff is seeking
direction from the City Council on the allocation of 2022-2023 Community Development Block
Grants (CDBG) funds. CDBG funds are provided by the U.S. Department of Housing and Urban
Development (HUD) to help with community development activities that benefit low and
moderate-income persons. The funds are primarily intended for brick and mortar improvements,
as opposed to public service activities. Hennepin County receives CDBG funds directly from
HUD. Brooklyn Center is considered a Direct Allocation City and is a sub-recipient of the funds
through Hennepin County.
Ms. Beekman stated The Federal Authorizing Statute for the CDBG program requires that each
funded CDBG activity meet one of three national objectives: benefiting low-income persons,
preventing or eliminating slums or blight, or meeting urgent community needs. At least 70 percent
of the CDBG expenditures during the program year be used for activities benefiting low or very
low-income persons.
Ms. Beekman noted as part of the administration of the CDBG funds, Hennepin County adopts a
5-year funding plan, which further defines the priority needs of the program and clarifies what
activities are eligible for funding. Last year Hennepin County adopted a new five-year funding
plan. Overall, the priority needs are centered around continuing what’s working while shifting the
focus to preserving affordability and reducing disparities in housing stability. The priorities
include preserving and creating rental opportunities, preserving and creating homeowner
opportunities, housing opportunities for homeless populations, supporting education, outreach,
and services, encouraging neighborhood revitalization, and stimulating economic development.
Ms. Beekman explained because Hennepin County is responsible for the monitoring and reporting
of the CDBG funds, the County oversees the use of funds within the consolidated pool. Cities
that wish to diverge from the typical use of funds must seek permission from the County. Before
2018, cities were allowed to allocate up to 15 percent of their CDBG funding to public services.
While Brooklyn Center regularly did so, other communities chose not to. In addition, the reporting
requirements for the funds are onerous, and the County determined that it would be easier to pool
the public service allocation and administer the distribution of those funds internally.
2/14/22 -4- DRAFT
Ms. Beekman stated CDBG funding allocations from July 1 to June 30 each year. The 2021-2022
CDBG funding round was allocated by the City Council in February 2021 and is set to run through
June 30, 2022. $100,000 of the allocation was used for the Down Payment Assistance Program,
and the remainder of the funds were allocated to the Hennepin County Home Rehab Program.
These are programs that provide deferred or forgivable loans to low-income homeowners to make
needed repairs and maintenance to their homes.
Ms. Beekman showed a slide that depicted the County’s CDBG 2019 budget allocations. While
they do not yet know the exact amount of CDBG allocation for the next cycle, Staff has been
advised by Hennepin County to use the estimate of $258,000, based on last year's allocation, to
determine the allocation of funds. However, this allocation amount could be adjusted once HUD
provides final amounts. Hennepin County receives the lump sum from HUD and determines the
allocation among the participating cities based on a formula that takes into account population and
need.
Ms. Beekman stated one allocation option is the Hennepin County Home Rehab Program. As
CDBG funds are the only source of funding to maintain the City's existing single-family housing
stock, one option would be to increase the allocation of CDBG funds for this use. 86 percent of
Brooklyn Center's housing supply is single-family homes, nearly all of which were constructed
before 1975. Many of these homes need maintenance, and for low-income homeowners, the cost
can be overly burdensome. Maintaining the City's housing stock through this program not only
provides stable homeownership for low-income folks but also maintains an affordable housing
stock for new buyers as well. Further, the waitlist for the program had continued to grow, and the
current waitlist is 164. Due to restructuring at Hennepin County, the program can accommodate
an increase in application processing.
Ms. Beekman explained another allocation option is the Down Payment Assistance
Program. Brooklyn Center allocated $100,000 towards home buyer assistance each year
with the 2020 and 2021 CDBG funding. The City has had four down payment loans closed.
Due to the pandemic and the low number of homes available on the market, the program
has had a slower than an anticipated start.
Ms. Beekman added in 2020, the Council made changes to the program to expand eligibility to
applicants who work in Brooklyn Center, have a family member who attends school in Brooklyn
Center, own a business in Brooklyn Center, or reside in Brooklyn Center. The assistance amount
was increased to $10,000.
Ms. Beekman noted Staff has increased advertising of this program. Mailers have gone out to all
rental properties in the City, there has been outreach to local businesses, as well as information
shared with Brooklyn Center Schools. PRG, a nonprofit that helps prepare people for
homeownership, has seen a 34 percent increase in calls from Brooklyn Center. However, only two
additional loans have closed since then. The number of restrictions on this program due to it being
federally funded, combined with the City's restrictions, and the limited supply of homes for sale
in Brooklyn Center has continued to eliminate most applicants before they apply.
2/14/22 -5- DRAFT
Ms. Beekman added a review of the MLS listing for Brooklyn Center on January 31, 2022,
provided that there were only four single-family homes and one condo actively available for
purchase. Currently, the program has $215,000 funds available from 2019, 2020, and 2021
allocations.
Ms. Beekman explained the recommendation from Staff is to discontinue the use of CDBG funds
for the Down Payment Assistance Program and allocate the entire amount towards the Home
Rehab Program due to the high number of applicants on the waiting list. It is recommended that
the Down Payment Assistance Program remain in place, but instead be funded with TIF 3 housing
funds rather than CDBG. Further, through the housing study that is currently underway, it is
possible areas of need or programs may be identified. At that time, Staff may bring forward a
request for reallocation of CDBG funding.
Ms. Beekman stated based on City Council's direction, a resolution will be prepared and a public
hearing will be scheduled for the February 28, 2022, City Council meeting. She added she was
available to answer any questions.
Councilmember Butler stated she supports the Down Payment Assistance Program, but it is
difficult for people to find homes in Brooklyn Center currently. Therefore, she supports the plan
as recommended by Staff.
Councilmember Ryan noted his support of the recommendation. Considering the demand for
homes has been driving up the cost of homes, he asked if the income requirements for eligibility
for the down payment assistance program are becoming an obstacle. The program is meant to
support lower-income folks, but they need to ensure the participants can afford the mortgage.
Ms. Beekman explained the income limits are determined by HUD. The idea is that folks do not
spend more than 30 percent of their income on a mortgage. It is a balancing act to ensure they are
not setting people up for failure. Councilmember Ryan stated Staff could contact HUD to receive
feedback on the income limits. He noted his agreement for making the funds more accessible
through the Home Rehab Program.
Councilmember Graves stated she concurred with the previous comments. She agreed they could
reassess the funds after the completion of the housing study. Councilmember Lawrence-Anderson
noted her agreement with other Councilmembers’ support of the Staff’s recommendation. She
thanked the staff for their thorough work on the matter.
Mayor Elliott asked if they can use the existing funds for the Home Rehab Program then allocate
the new funds for the down payment assistance program. It could be a way to use the stale money
first. Ms. Beekman stated Staff could speak with Hennepin County about their preference for use
of the funds. If the Council intends to continue funding the Down Payment Assistance Program
and the Home Rehab Program, then Staff can work with the County to find the most efficient use
of funds.
Mayor Elliott stated there is no shortage of people trying to help with down payments. If the funds
are not being utilized due to the market and the competition with cash buyers, he asked how the
2/14/22 -6- DRAFT
City can use its buying power to help potential new homeowners. He asked for Staff to explore
that and return to the Council with their findings. Ms. Beekman confirmed they would look into
the concept.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Hearing no objections, Mayor Elliott adjourned the Study Session at 6:40 p.m.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center,
Minnesota, certifies:
1. Attached hereto is a full, true, and complete transcript of the minutes of a Study Session of
the City Council of the City of Brooklyn Center held on February 28, 2022.
2. That said meeting was held under due call and notice thereof and was duly held at Brooklyn
Center City Hall.
3. That the City Council adopted said minutes at its February 28, 2022, Regular Session.
Barbara Suciu, City Clerk Mike Elliott, Mayor
2/14/22 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
FEBRUARY 14, 2021
VIA ZOOM
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike
Elliott at 6:41 p.m.
ROLL CALL
Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan were present. Also present were City Manager Reggie Edwards,
Community Development Director Meg Beekman, City Clerk Barb Suciu, and City Attorney Troy
Gilchrist.
Mayor Mike Elliott opened the meeting for the Informal Open Forum.
Diane S. congratulated the Council on putting together the event for May 10, 2022. She thanked
the Council for moving forward with the event and noted she has the date on her calendar. Diane
S. added she listened to the recent meeting on the Community Center and explained she hopes the
Council will consider the City’s diverse population in making decisions about the Heritage Center.
Diane S. stated she shops at the Vinai Food Market on Brooklyn Boulevard. She noted she would
like to hear about the new market the City is considering. The existing Vinai Food Market was
not offered the same deal by the City although they have been in the community for over 20 years.
Randy C. requested for the Council to consider the mission, vision, and values of Brooklyn Center
as they review the agenda items. The mission of the City of Brooklyn Center is to ensure an
attractive, clean, safe, and inclusive community that enhances the quality of life for all people and
preserves public trust.
Erik F. asked to speak to the tenant protection ordinance. Mayor Elliott stated they would come
back to him at the appropriate time.
City Clerk Barb Suciu noted Shana T. emailed her and also would like to speak to the tenant
protection ordinance.
Joy asked if it was the appropriate time to speak about the American Rescue Plan Act (ARPA)
funds. Mayor Elliott stated the item Continue Allocation of American Rescue Plan Act Funds is
2/14/22 -2- DRAFT
a Work Session item that does not have public comment built-in. However, he was not opposed
to receiving public comments. Mayor Elliott asked the Council for their input on receiving public
comment after Council receives a presentation.
Councilmember Ryan stated the Work Session procedures are clear that Council receives a
presentation from Staff, deliberates, and makes a decision. From there, the public is welcome to
comment on the topic afterward. The public can also submit a written statement if they have
lengthier comments, and the statement could be put into the record at a later date.
Mayor Elliott stated they can receive comments from the public after the presentation and noted
they are not voting on the topic that evening. Joy thanked the Council for their responses to her
comments.
Alfreda D. stated the Council needs to hold themselves accountable for the way they engage with
the community. She explained she was on the call two meetings ago, and the environment was
uncomfortable when discussing the name change of the Heritage Center. The Council rushed the
public in their comments, and Councilmembers refused to do the invocation because the public
was taking up too much of their time. She reminded the Council members were elected to do the
specific job of serving the City. As a community member and organizer, Alfreda D. stated she felt
uncomfortable and as though she was wasting the time of the Council. The Council’s behaviors
were inappropriate and could prevent community members from attending the meetings.
Mayor Elliott stated it is important for the Council to remember who they work for. It is never a
bother for the Council to listen to the community and the City’s residents.
Joy stated she sat in on the Charter Commission meeting call last week. In that space, it was a
very similar environment. It was very uncomfortable to bring ideas to the table. She explained in
the middle of her comments, a vote was called for and silenced her. Joy stated the meeting also
included comments about how it was difficult and not according to how they normally do meetings.
They need to include the community in the conversations if they are going to be a community-
centered City. Both Councilmembers and Staff need to engage in the broader community.
Randy C. noted his agreement with Joy’s and Alfreda D.’s comments. The City needs to consider
input, but they also need to have clear directions about how and where the input is received.
Certain meetings do not have input. The Council doesn’t advertise when they allow input and
chooses to allow input at the spur of the moment. It is confusing for the community, and Randy
C. asked for the Council to provide more clear direction on when comments are and are not
allowed.
Mayor Elliott moved and Councilmember Lawrence-Anderson seconded to close the Informal
Open Forum at 6:57 p.m.
Motion passed unanimously.
2. INVOCATION
2/14/22 -3- DRAFT
Mayor Elliott stated he was aware of the killing of Amir Locke on February 2, 2022, by the
Minneapolis Police Department. Mr. Locke was not a suspect nor fleeing from police. He was
simply sleeping on a sofa. In the words of his cousin, “you shouldn’t be gunned down by the
police in a home you feel safe in, especially if you haven’t broken the law.”
Mayor Elliott noted he felt sick after hearing the comments of Mr. Locke’s parents. He explained
he thought of his younger brother who has spent many nights sleeping at a friend’s house on the
sofa. Sadly, it is another example of why the work the City is doing to transform public safety is
deadly important.
Mayor Elliott stated Minneapolis has executed a large number of no-knock warrants, whereas St.
Paul has executed close to zero no-knock warrants since 2016. The traditional ideas to keep people
safe are not working.
Mayor Elliott stated Brooklyn Center is working to reimagine the meaning of public safety. It
does not look like awaking in the early morning to multiple guns pointed at one’s face and being
killed. The City is charged with throwing off old ideas of safety and making sure people have the
resources they need to feel safe.
Mayor Elliott explained he has cried too many times in the last couple of weeks to shed any more
tears. He thanked the Brooklyn Center City Council for their commitment to transformation.
Brooklyn Center can be a beacon of hope to young people like Amir Locke who are being
traumatized each time they see a black man killed by police.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott
at 7:06 p.m.
4. ROLL CALL
Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan were present. Also present were City Manager Reggie Edwards,
Community Development Director Meg Beekman, City Clerk Barb Suciu, and City Attorney Troy
Gilchrist.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Elliott noted they changed an item on the Consent Agenda. They moved 6f. Resolution
Approving Lease Agreement with Phu Bia Produce LLC for City-owned property at 1350B
Shingle Creek Crossing to become 10b. Resolution Approving Lease Agreement with Phu Bia
Produce LLC for City-owned property at 1350B Shingle Creek Crossing.
2/14/22 -4- DRAFT
Mayor Elliott moved and Councilmember Ryan seconded to approve the Agenda and Consent
Agenda, as amended, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. January 24, 2022 – Study Session
2. January 24, 2022 – Regular Session
3. January 24, 2022 – Work Session
6b. LICENSES
MECHANICAL
Avid Heating & Cooling 7700 County Road 110 West
Minnetrista, MN 55364
Blue Ox Heating & Air LLC 5720 International Parkway
New Hope, MN 55428
GPI Fireplace Services LLC 735 Leon Street
Jordan, MN 55352
Home Energy Center 2415 Annapolis Lane North
Plymouth, MN 55441
JCX Heating and Cooling 5912 Washburn Avenue North
Brooklyn Center, MN 55430
Jayhawk Mechanical Inc. 3301 North 2nd Street
Minneapolis, MN 55412
Majestic Customs Const. 8800 Royal Court Northwest
DBA Majestic Custom Heating Ramsey, MN 55303
Michal’s HHH Inc. 2779 161st Avenue Northwest
Andover, MN 55304
Myles Mechanical 17522 Concord Drive
Ham Lake, MN 55304
Regency Plumbing Inc. 3414 Louisiana Avenue North
Golden Valley, MN 55427
RENTAL
INITIAL (TYPE IV – six-month license)
7124 West River Road Segun Olataya
2/14/22 -5- DRAFT
INITIAL (TYPE II – two-year license)
7025 Drew Avenue North Home SFR Borrower LLC
RENEWAL (TYPE IV – six-month license)
6106 Aldrich Avenue North Home SFR Borrower LLC
7211 Camden Avenue North Sean Bannerman /Bannerman Real
Estate
6718 Colfax Ave N Home SFR Borrower LLC
3018 Ohenry Road Chen Zho / Cosco Property I LLC
RENEWAL (TYPE III – one-year license)
5901 Aldrich Avenue North Home SFR Borrower LLC
5712 Bryant Avenue North Home SFR Borrower LLC
7225 Major Avenue North Kin Chew / Iasis III LLC
6400 Noble Avenue North Zamzam Gesaade
RENEWAL (TYPE II – two-year license)
3328 49th Avenue North Sherman Kho
5316 Colfax Avenue North Home SFR Borrower LLC
5322 Logan Avenue North Mary Jo Schwanz
5548 Logan Avenue North Lateef Olarinde
6661 Xerxes Place Ashwin Goel / MN Housing I LLC
RENEWAL (TYPE I – three-year license)
5843 Fremont Avenue North Fremont LLC / Stephanie Steiner
5332‐5336 Russell Ave North Douglas Ryan
5614 Bryant Avenue North Xian Lin / Properous Property
6215 Bryant Avenue North Tuuyen Tran
6828 Fremont Place North Ali Sajjad / 786 Homes LLC
7131 Halifax Avenue North Joan Gunderson / Open Hands Inc.
2/14/22 -6- DRAFT
7125 Kyle Avenue North Xian Lin / Prosperous Property
4207 Lakeside Ave #327 Rachel Petz
5301 Logan Avenue North MNSF II W1 LLC
5509 Lyndale Avenue North Bret Hildreth / Dragon Property
Management
807 Woodbine Lane Jon & Erin Green
6c. RESOLUTION NO. 2022-22; ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS.
2021-01, 02, 03, 04, AND 12, GRANDVIEW SOUTH AREA STREET,
STORM DRAINAGE, AND UTILITY IMPROVEMENTS, AND 53RD
AVENUE UTILITY IMPROVEMENTS
6d. RESOLUTION NO. 2022-23; APPROVING AND AUTHORIZING
EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF
MINNEAPOLIS FOR THE IMPROVEMENT OF A PORTION OF 53RD
AVENUE NORTH (PENN AVENUE NORTH TO MISSISSIPPI DRIVE
NORTH)
6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING
THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN
BROOKLYN CENTER, MINNESOTA (REMOVED FROM AGENDA)
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8. PUBLIC HEARINGS
9. PLANNING COMMISSION ITEMS
10. COUNCIL CONSIDERATION ITEMS
10a. AN ORDINANCE NO. 2021-08; AMENDING CHAPTER 12 OF THE CITY CODE
OF ORDINANCE REGARDING TENANT PROTECTIONS AND APPROVE A
RESOLUTION TO ALLOW A SUMMARY PUBLICATION OF THE
ORDINANCE
Dr. Edwards introduced the item and invited Community Development Director Meg Beekman to
make the Staff presentation.
2/14/22 -7- DRAFT
Ms. Beekman explained the City Council met on December 13, 2021, and held the public hearing
on this item. After the public hearing and Council discussion, the vote on the second reading of
the ordinance was delayed until January 24, 2022. Based on direction from the City Council in
response to the public hearing, Staff held two meetings with landlords and other stakeholders to
discuss the proposed ordinance. Based on the feedback received, and in discussions with both
landlords and housing advocates, Staff made three modifications to the proposed ordinance.
Ms. Beekman stated there were three changes suggested. First, there was an addition of a provision
that would require property managers to track and report to the city any non-renewals of leases,
and the reason for the action. She noted the County tracks the data very well, and the proposed
change will help the City track data better and understand the magnitude of the City’s housing
issues.
Ms. Beekman stated the second change was to reduce the pre-eviction notification period from 30
days to 14 days. The change would match Minneapolis' ordinance and would keep any actions
within a single rent cycle, which was the request of the landlords. She added there is pending
legislation related to the item, and the new language would be in line with the potential legislation.
Ms. Beekman added the last change to the Ordinance was to add a provision that would allow
landlords the option of either following the non-renewal with the just cause requirements or
providing a 90-day notice of a lease termination notice without needing to give any reason. This
would provide options to deal with the examples of bad neighbors that property managers raised
at the public hearing but would still allow for greater notice to renters than the existing 30-day
notice period.
Ms. Beekman explained that just cause non-renewals to establish requirements that prevent a
property owner or property manager from non-renewing an existing tenant lease without just
cause. They added an alternative option for tenants to be non-renewed without just cause with a
90-day notice of non-renewal.
Ms. Beekman stated there were other tweaks to clean up the language. First, a waiver is not
allowed by a tenant to waive their rights under the new Ordinance. The Ordinance allows for
private enforcement, meaning a tenant or former tenant of an affordable housing unit harmed by
an owner in violation of this ordinance may bring an action again the owner in district court.
Lastly, there was an added separability and severe ability statement, which is common for
ordinances.
Ms. Beekman noted if the Council would prefer to make additional changes or remove the
modifications, the Staff would recommend that those changes be made by the City Attorney and
brought back to the next Council meeting for approval of the second reading. Ms. Beekman
offered to answer any questions. She added the public comment period was closed in December,
but the Council could allow for additional comments.
Mayor Elliott thanked Ms. Beekman for her presentation. He explained tenants have expressed
14-day notice will cause more harm. It is difficult to find new housing in 14 days, and it is
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inhumane. Mayor Elliott stated even 30 days is not enough. He stated he wants an ordinance that
would allow for at least 30 days.
Mayor Elliott added the 90 days loophole would allow the landlords to evict residents without
cause if they speak out against living conditions. Mayor Elliott has spoken with tenants and tenant
protection organizations. He explained he would like Staff to speak with those parties and return
to the Council with more alterations. Mayor Elliott stated the proposed Ordinance is ultimately a
step backward. He noted there were people from the community that would like to speak on the
issue as well.
Councilmember Lawrence-Anderson stated the Housing Commission is meeting the next day. She
explained she volunteered with the Housing Commission from 2000 through 2012. It is the role
of the Housing Commission to advise the Council on matters related to housing. The Commission
has not yet seen the latest version of the Ordinance, and they should be able to provide feedback.
Councilmember Lawrence-Anderson pointed out Ms. Beekman and Staff have done a great job
working on the Ordinance. Councilmember Lawrence-Anderson noted she was at the joint
meeting, and the proposed timeline is agreeable. Nonetheless, it is important to hear from the
Housing Commission as that is their role.
Councilmember Butler noted she was prepared to vote for the original version of the Ordinance as
she trusts the City Attorney and Staff. She explained she is not supportive of the current form and
will be in touch with Staff about portions she disagrees with.
Councilmember Graves stated she is interested in feedback from the Housing Commission and
any public comments on the call. Councilmember Graves noted Ms. Beekman stated evictions are
thoroughly tracked by the County but non-renewals are not. Therefore, Councilmember Graves
supports that portion of the Ordinance. She asked if there are any data or case studies about similar
ordinances and if there have been issues with landlords being able to evict tenants with such
ordinances.
Councilmember Graves stated she likes portions of the new Ordinance, but she does not feel good
about the two options for landlords. 14 days is a short amount of time, especially considering the
issue of wintertime in Minnesota and the recent pandemic.
Councilmember Lawrence-Anderson stated she hopes they can table the vote to hear from the
Housing Commission and other comments. She asked what the ultimate objective of the evening
was.
Mayor Elliott stated they are going to table the item and have Staff return with a further revised
version based on where they end up that evening. However, the last time they tabled the
discussion, residents reached out to him regarding retaliation they were still facing. Mayor Elliott
suggested they get more information but they still need to make sure they move forward efficiently.
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Councilmember Graves noted Ms. Beekman stated the State has pending legislation similar to the
14-day timeline. Councilmember Graves asked what the time frame was before and how the new
legislation would impact the City’s ability to craft an Ordinance.
Mayor Elliott asked what the likelihood is for the legislation to pass. Ms. Beekman stated it is
early in the legislative session, and the wording of the legislation may change in the meantime.
She added there are only two cities that have passed an eviction notification period. Minneapolis’s
ordinance requires 14 days of notice, and St. Louis Park requires 7 days for a pre-eviction notice.
Therefore, there wouldn’t be data to answer Councilmember Graves’ questions about case studies
or similar ordinances. However, the courts are upholding the other ordinances.
Mayor Elliott stated housing, like many other areas, has needed work to be done. Housing issues
point to the underlying need for justice in the country.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to table an
Ordinance amending Chapter 12 of the City of ordinances regarding tenant protection to February
28, 2022.
Mayor Elliott asked Councilmembers if they would be willing to hear public comments on the
topic. Councilmember Graves confirmed she would be open to hearing from the public.
Motion passed unanimously.
Erik F. noted the issue impacts everyone in Brooklyn Center. The proposal includes a notice of a
potential eviction, which is not the same thing as affecting how many days the people have to
leave. The notice starts the rest of the eviction timeline process. If there is not an understanding
reached between the landlord and tenant, then the issue goes to eviction court. Eviction court itself
takes three to five weeks. All in all, the process after the notice period could take at least six
weeks.
Erik F. added the eviction moratorium has been phased out since last summer and they haven’t
seen a wave of evictions as forecasted. Minnesota is in the bottom five states with evictions since
the moratorium.
Erik F. stated just cause evictions must be able to be documented in court, be it criminal activity
or nonpayment of rent. The just cause non-renewal would require the same standard of
documentation. Therefore, a non-renewal would become the same as an eviction. Non-renewals
are a tool used by landlords to address issues with tenants such as being a nuisance to other tenants.
It is a way to protect residents from bad neighbors. Erik F. noted his appreciation of the continued
discussion of the Ordinance.
Mayor Elliott stated he would like to see more about the numbers regarding Minnesota and
evictions. Erik F. stated the numbers he cited were from a Princeton study. Mayor Elliott stated
Minnesota is at the bottom of the list for racial disparity concerns.
Lovetee P. noted she is an organizer at Georgetown Park Apartments. She explained she is
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frustrated with the process because they have discussed the Ordinance for 12 months. At the
December 13, 2021 meeting, they talked about how the Ordinance would protect tenants and were
considering the 30-day notice. She explained the non-renewal option is currently hurting tenants.
Lovetee P. stated the reduction of the 30-day notice is discouraging for tenants. The tenants tried
to find people to speak on their behalf. Lovetee P. stated her voice has not been heard. She
explained she is frustrated because people are losing their homes. They have wasted a lot of hours
on the issue.
Lovetee P. stated the residents of Brooklyn Center elected the Council to support them. The
residents are watching the Council, and the residents know what they want. The residents want 30
days of notice, and the non-renewals negatively impact tenants, especially those who speak up for
their rights.
Shana T. explained she is an attorney with the Housing Justice Center, a nonprofit organization
with the mission to preserve and protect affordable housing in Minnesota. She noted she has
worked with many tenants in Brooklyn Center for about a year regarding various tenant
protections.
Shana T. pointed out just cause is not a new concept, and it is a presumption that people will not
be displaced from their homes without reason. Evictions are what can be used to eliminate bad
neighbors. It is the responsibility of the property owner to do an investigation into the matter and
target the correct person. The clause protects families and protects the community from flippers.
She noted the Minnesota Supreme Court does support the Constitutionality of just cause reasoning.
Shana T. there were five housing advocates and 15 landlords in attendance at the outreach meeting.
Much like the imbalance of power that exists when negotiating a lease, there was no equality in
the meeting. The City tried to moderate the conversation, but the meeting itself showed why a
tenant protection ordinance is needed. The Council needs to show bravery to serve every resident
in its community.
Shana T. stated just cause is particularly necessary as certain tenant protections are ending. For
example, people that have used COVID-19 rental assistance are facing non-renewals as the
landlords claim they will be unable to pay rent down the line.
Joy asked if anyone has looked at the option of mutual lease terminations. It could be used to
address bad tenants. The property owner would not have to pay a filing fee for evictions and it
wouldn’t go on the tenant’s record. Joy pointed out the term “landlord” itself implies a power
dynamic.
Joy asked how many property owners live in Brooklyn Center themselves and know the
community. She asked how many people on the Housing Commission are current renters. If the
Housing Commission is giving recommendations, they may not be considering the perspective of
renters.
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Joy stated the conversation is uneven and is unfair to tenants. The conversation has lasted a long
time, and renters are waiting. Joy stated the Council needs to look at how they can promote
property owners that support and build up the community. There are sums of money available for
property owners to provide services to their tenants.
Fadumo M. explained she is a Housing Organizer with African Career and Education Resource
(ACER) and works closely with renters. Fadumo M. stated affordable housing renters do not have
attorneys available to them as property owners might. There are legal organizations that may be
able to assist renters, but it takes weeks to months to go through the application and attorney
assignment process. Tenants also have to take off work to attend any eviction hearings. Overall,
they do need a 30-day notice for renters to get their ducks in a row for any eviction court cases.
Fadumo M. stated housing instability ultimately leads to community instability. Housing
instability means families cannot plan for their futures. Just cause non-renewals allow for families
to become more invested in their neighborhoods and schools. Fadumo M.stated she knows a
family that has rented in Brooklyn Center for 11 years and was then forced into a month-to-month
lease. They do not know when it will be their last month, and it takes a toll on their mental health.
Fadumo M. stated when property owners have a good reason to displace tenants, they can be
evicted. If they don’t have a good enough reason, then they use non-renewals.
Fadumo M. pointed out she was at the last meeting with property owners and housing advocates.
A landlord stated they put all of their landlords, regardless of history and reliability, on 60-day
notices. That creates a great deal of instability in the community.
Jayme noted her agreement with previous comments. She explained she applied for rent help in
October. In December, she received a letter for non-renewal without reason. She noted she has
never had a police call and has been a model tenant for two years. Jayme explained she was evicted
because she reached out for help. The Council needs to help the tenants in the community.
Mai H. stated she is a small-time landlord with one unit in Brooklyn Center. She noted she hears
the comments and concerns of people. Mai H. explained she has been working with a tenant for a
couple of years by waiving late fees and providing ample opportunities for the tenant to pay her
rent.
Mai H. explained reducing the 30-day notice to 14 days will allow smaller landlords like her to
continue renting properties. She noted she does not have excess money to keep paying mortgages
while tenants may take advantage of the situation. Tenants need to know they need to pay their
rent before spending money on a new car or a vacation. The 14-day notice shows tenants paying
their rent is serious. If there is a 30-day notice, then the tenant would be two or three months
behind before they could be evicted. In that scenario, Mai H. would have to eat the cost of non-
payment. Mai H. stated small landlords also need to have an opportunity in America to invest in
something for their benefit and to support their children.
Randy C. stated he owned a single-unit townhome and noted his agreement with Mai H. It is
difficult for smaller landlords to juggle the shorter time constraints. The Council needs to consider
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large landlords, small landlords, and renters to come to a fair conclusion. Randy C. noted his
appreciation of the Council’s careful consideration of the issue.
Samuel S. explained he is an attorney with HOME Line. He noted HOME Line supports the
Ordinance, and the best version of the Ordinance supports renters. The protections are greatly
needed. 14 days is a short period, and they are talking about people’s homes. People deserve time
to solve those issues or figure out how to protect themselves.
Samuel S. added forcing people out of their homes affects the entire community. Just cause non-
renewals are used to scare tenants into not asserting their rights more than anything else. He noted
his appreciation of the City.
Lisa R. stated 30 days is appropriate, be it small or large property owners. 14 days is not enough
time for someone to find new housing. She noted she is experiencing retaliation by her landlord
after calling the City because they have been paying rent for six months without their landlord
having a rental license.
Lisa R. stated her rent increased after three years of living in the same residence. She added she
is disabled, and she has a disabled daughter. It is disrespectful to treat her in that way while she
has been a model tenant.
Mayor Elliott stated he would like the original Ordinance to be presented to the Council at the next
meeting with the addition of pieces the Staff thought were prudent to add such as tracking data.
He added he would like to hear from the Housing Commission.
Councilmember Graves stated the dialogue was respectful, and she learned a lot from the public’s
comments. She asked which states Shana T. was referring to during her comments.
Councilmember Graves added she would like to learn more about mutual lease terminations as
mentioned in comments made by Joy. Additionally, it is important to consider how property
owners may treat all tenants the same without taking their rental history or circumstances into
consideration.
Councilmember Graves stated the best scenario with the changes is to protect lower-income
tenants. The worst-case scenario would allow a bad neighbor to stay 30 days longer than before.
She noted her appreciation of the smaller property owners and the impact of the Ordinance on
them.
Councilmember Graves thanked Jayme for sharing her experiences. Councilmember Graves asked
if they could make two different periods for smaller or larger landlords, as that is what equity is
about. Ordinances currently treat all landlords and all tenants the same, and there needs to be more
nuanced in that area.
Mayor Elliott thanked commenters for sharing their thoughts.
ADJOURNMENT
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Mayor Elliott moved and Councilmember Butler seconded adjournment of the City Council
meeting at 8:23 p.m.
A resident noted they never closed the comment session. Mayor Elliott stated they did not
officially hold a public hearing, so there was no need to close anything.
Dr. Edwards stated there was another item on the agenda to address.
Mayor Elliott, Councilmember Butler, Councilmember Graves, Councilmember Lawrence-
Anderson, and Councilmember Ryan voted against the same. Motion failed.
10b. RESOLUTION NO. 2022-24; APPROVING LEASE AGREEMENT WITH PHU
BIA PRODUCE LLC FOR CITY-OWNED PROPERTY AT 1350B SHINGLE
CREEK CROSSING
Dr. Edwards introduced the item and noted Councilmember Lawrence-Anderson had asked for the
item to be moved from the Consent Agenda to become a Council Consideration item. He explained
the property is owned by the City. It has a liquor store on one portion of the land and the other
area is vacant. He invited Ms. Beekman to present.
Ms. Beekman stated she does not have a formal presentation, but she was available to answer any
questions the Council may have.
Councilmember Lawrence-Anderson asked Ms. Beekman to give a summary of the item.
Councilmember Lawrence-Anderson asked how the particular business was selected. She asked
if there is a clause in the lease for sub-letting. The City was going to charge a base rate of $15 per
square foot, including any common area maintenance fees. Councilmember Lawrence-Anderson
asked what the market rate is for the area. She noted that instead of a build-out allowance, six and
a half months of rent will be waived to support cash flow and minimize startup expenses.
Ms. Beekman stated the shell space intends to provide brick and mortar space for small business
owners and maintain commercial affordability in Brooklyn Center. They chose to do that because
the City did not need the entire parcel, and it was inexpensive to add a shell space. The Housing
and Redevelopment Authority was instructed to find a use for the space that supported small
business owners.
Ms. Beekman explained currently, the shell space is empty and not utilized. Having a tenant in the
shell space at this time would occupy a vacant space and generate a source of revenue to further
support commercial affordability efforts in the City of Brooklyn Center. Rent collected will be
used to offset the costs of construction towards shell space. The staff has consulted with
organizations that support small businesses to identify a user for the space. They also wanted to
find a user that would address the debt on the space.
Ms. Beekman stated they have tried to find a use for the space over the years, but nothing has
arisen. They considered using it as a small business incubator, but it was determined the
Opportunity Site would be a better location for that program.
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Ms. Beekman stated Mai Y Lor is a woman of color who would be selling fresh fruits and
vegetables in Brooklyn Center. She will be bringing in goods from all over the world and
becoming a strong contributor to the healthy food ecosystem in Brooklyn Center. Ms. Lor
currently sells her produce in St. Paul and has been looking to expand. It does not compete directly
with existing grocers as the produce is culturally-specific and not easy to find in mainstream
grocery stores. Also, it is a trusted small business in the community.
Ms. Beekman added at their January 24, 2022, meeting the Economic Development Authority
(EDA) approved a $70,000 commercial build-out loan to Phu Bia Produce LLC with the condition
of executing a lease agreement between Phu Bia Produce LLC and the City of Brooklyn Center
for the use of this space.
Ms. Beekman noted the City of Brooklyn Center will be charging a base rate of $15 per square
foot for the space, this is inclusive of any common area maintenance fees. Rent of new
construction single-story retail is in the $30 to $40 range to counteract the expenses such as new
roads, similar to the construction at Shingle Creek Crossing. Therefore, it is difficult for small
businesses to enter that space. The staff has been working with the owner to bring down the rent
to be more accessible.
Ms. Beekman explained the shell space is more affordable because all of the parking and
landscaping amenities were already on the site. The debt service on the original cost of the
construction of the shell was closer to $11 per square foot. The fees to address snow removal and
other common area maintenance is $3 or $4 per square foot. Therefore, the shell space is more
affordable than Shingle Creek Crossing but might be slightly more than other business sites in the
City.
Ms. Beekman stated it is typical in new construction for the tenant to build out the space. The
project scope consists of new flooring, painted walls, a walk-in cooler, expanding back exit doors
for accessibility of pallets, and installation of a brand new bathroom. It is not atypical for a
landlord to provide a build-out allowance to cover some of those costs because the owner of the
property will retain the benefits of the improvements beyond the rental by the tenant. Therefore,
six and a half months of rent will be waived to support cash flow and minimize startup expenses.
Councilmember Lawrence-Anderson stated the City Council decided they would take chance at
leasing the space at market value down the line while they were building the liquor store. She
asked if the $70,000 loan would be paid back to the EDA. Ms. Beekman confirmed the $70,000
loan would be paid back to the EDA.
Councilmember Lawrence-Anderson asked if the project is not successful, what is the risk to the
City. Economic Development Coordinator, Vong Thao, explained the City has a personal
guarantee on the loan, which means whatever the renter personally owns will be liable as collateral
on the loan. The build-out allowance, the inventory, and the fixtures will have a blanket lien. As
the business grows in assets, the City will have a collateral blanket lien on the business. There is
always a risk when giving out a loan. However, having collateral is the only way to counteract the
risk.
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Councilmember Lawrence-Anderson stated they have another long-term business that specializes
in a similar type of food product. She asked if that business was offered the use of the space. She
explained she is worried about competition in such a niche area. Councilmember Lawrence-
Anderson stated she wants to multiply options for the City and support current businesses.
Mr. Thao stated provisions are being in Shingle Creek Crossing. For example, the square footage
of the products offered by Mai Y Lor would be small enough to not be competitive with Walmart.
They looked at potential competing businesses within Shingle Creek, and businesses such as a nail
salon, Asian restaurant, Mexican restaurant, or shoe store would not work. With that in mind, it
has to be a unique business for the shell space to not compete with existing businesses.
Councilmember Lawrence-Anderson asked if Staff reached out to the existing product market.
She also asked how long Mai Y Lor has been in business.
Mr. Thao stated Mai Y Lor has been in business for many years and has owned different types of
businesses over the years. She owned a temp agency, a transportation company, and an event hall,
so she has experience in the business. She currently owns a janitorial business. From a
government standpoint, they have to take risks in places that businesses typically lend to. If the
City doesn’t take a risk on the business, then no one will.
Councilmember Lawrence-Anderson asked why Mai Y Lor no longer has those businesses.
Councilmember Lawrence-Anderson explained she is concerned about the City’s exposure. The
only recourse the City may have is to sue the tenant, and that is not something she would not like
the City to do. If no one else will provide the loan, it begs the question if it is responsible for the
City to provide the loan.
Ms. Beekman stated the EDA already approved the loan and is contingent on the lease agreement.
If the loan defaulted, the City would retain the improvements to the facility. Those dollars need
to be spent no matter what business uses the space. There is also collateral on the loan. The goal
is to have a successful business.
Ms. Beekman added Mr. Thao’s background is in underwriting small businesses. He has put
together a loan committee that reviews the loan, the business, and the applicant. They considered
the applicant’s net worth and other information that is not public. The committee that reviewed
the materials was confident that the applicant has the balance sheet to uphold the collateral on the
loan.
Councilmember Lawrence-Anderson asked if the Planning Commission gave input on the item.
Ms. Beekman stated the item does not relate to the Planning Commission’s work on the zoning
codes, so they did not review it.
Councilmember Graves thanked Councilmember Lawrence-Anderson for asking her questions.
She stated she was in favor of building the shell space to support future small businesses.
Additionally, it made sense financially to build a space rather than renting a space as they used to.
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Councilmember Graves stated she is excited about someone getting into the space and the City
can begin to make back the money they put into the project. She noted she would have liked to
have a presentation on the item because they should be telling these types of stories to their City.
From the planning of the Council to the story of the applicant, the community should know what
is happening. They tend to under-celebrate.
Councilmember Graves noted Staff has done a great job finding a use for the space that fits in with
existing businesses. Also, exotic fruits next to a liquor store make sense. She thanked Staff for
their presentation.
Councilmember Ryan echoed the sentiments of other Councilmembers. He stated he initially
approved of the construction of the annex, but his focus was for a space for the City to market as
an additional source of revenue. There wasn’t a demand for the City to lease the space at $30 or
$40 per square foot. The City needs to address the issue because they are competing against other
serious retail spaces in neighboring cities.
Mayor Elliott stated the proposal is the exact type of businesses they want to see in the Brooklyn
Center community. They want to see diversity in their businesses and create a thriving local
economy for their residents. People of all backgrounds can appreciate the type of business offered
by Mai Y Lor.
Mayor Elliott moved and Councilmember Graves seconded to approve Resolution No. 2022-24
approving a commercial lease agreement with Phi Bia Produce Limited Liability Company to lease
City-owned retail property located at 1350B Shingle Creek Crossing.
Motion passed unanimously.
11. COUNCIL REPORT
None.
12. ADJOURNMENT
Mayor Elliott moved and Councilmember Graves seconded adjournment of the City Council
meeting at 8:58 p.m.
Motion passed unanimously.
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center,
Minnesota, certifies:
1. Attached hereto is a full, true, and complete transcript of the minutes of a Regular Session
of the City Council of the City of Brooklyn Center held on February 28, 2022.
2. That said meeting was held under due call and notice thereof and was duly held at Brooklyn
Center City Hall.
3. That the City Council adopted said minutes at its February 28, 2022, Regular Session.
Barbara Suciu, City Clerk Mike Elliott, Mayor
Barbara Suciu, City Clerk Mike Elliott, Mayor
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
FEBRUARY 14, 2021
VIA ZOOM
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session
called to order by Mayor/President Mike Elliott at 9:37 p.m.
ROLL CALL
Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April
Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Also present were City Manager
Reggie Edwards and City Clerk Barb Suciu.
HERITAGE CENTER AND MINNESOTA ORCHESTRA HALL CONCERT
Mayor/President Elliott explained the music event has been in the making for a while. The goal
of the concert is to incorporate the music of the Minnesota Orchestra with the various cultures
represented in Brooklyn Center. The concert is an opportunity to celebrate what makes Brooklyn
Center unique. He thanked the Orchestra for the work they have done and for collaborating with
the City and its residents.
Mayor/President Elliott invited Kau Guannu, a member of the Community Concert Planning
Committee, to continue the presentation. He stated Ms. Guannu is a long-term resident of
Brooklyn Center and was a participant on the Youth Council in the past. He noted she is an
attorney and still lives in the community.
Ms. Guannu stated they have been working on planning the concert for a few months. The
Committee is excited to be planning such a culturally rich concert. The theme for the event is the
“Rhythm of Life,” and the ultimate goal is to create an epic music experience offering unique
performances to the community and cementing its united cause of supporting Brooklyn Center.
She noted it is a great time to unite the entire community under the umbrella of togetherness
through music.
Ms. Guannu explained the Minnesota Orchestra along with Brooklyn Center musical artists have
come together to create a concert. The concert will be held on May 9, 2022, as a dress rehearsal,
and on May 10, 2022, for the public concert to be held at the Heritage Center. They have hired a
conductor and are commissioning a composer.
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Ms. Guannu noted the Community Concert Planning Committee itself is diverse, and they hope to
bring together musicians reflecting the diversity of Brooklyn Center. They will also have
community organizations tabling at the event. The community concert will help promote local
businesses because food from local cultural restaurants will be catering for the event. Music will
get people in the door, but the Committee wanted to have other resources available to the
community.
Ms. Guannu stated community concert will be open to the public and the cost for admission will
be a donation of $5.00. However, they will be giving away free tickets to ensure that the concert
is accessible to all.
Jessi Ryan, Director of Education & Community Engagement for the Minnesota Orchestra,
explained they were honored to be asked by Mayor/President Mike Elliott to host an event in the
community. The Minnesota Orchestra has done events in the community and collaborated with
community artists, and they love getting to have an artistic exchange with others. Ms. Ryan noted
they have been focused on planning the May 10, 2022 concert, but they hope to develop a more
long-term relationship.
Beth Kellar-Long, Vice President of Orchestra Administration for the Minnesota Orchestra,
thanked Mayor/President Mike Elliott for inviting the Orchestra to partner with Brooklyn Center
and Ms. Guannu for chairing the Community Concert Planning Committee.
Mayor/President Mike Elliott thanked Ms. Guannu, Ms. Ryan, and Ms. Kellar-Long for their
comments. He noted it will cost $13,000 to $14,000, and they need to identify additional sources
of funding to help pay for food for the event.
Councilmember/Commissioner Ryan asked how detailed the Community Concert Planning
Committee has been in its planning process and what the staffing requirements would be for the
event.
City Manager Reggie Edwards stated if they are not leasing the space, it would cost $13,000 to
$14,000. They do need to identify gaps in needed equipment. The primary costs would be the use
of the space and reserving the space.
Councilmember/Commissioner Ryan asked how the event would affect the overall revenue of the
Heritage Center. The City wants to provide a service for the community that reflects well on the
community and is financially feasible. He explained if they set a precedent with such an event,
although it is a good event, they would deviate from the policy of having events pay for themselves
by charging fees.
Mayor/President Elliott stated one of the goals of the Heritage Center is for it to be accessible to
the community beyond gaining revenue. He noted both are important goals to achieve.
Dr. Edwards explained it is the choice of the City Council/EDA to determine the use of the space
for public events without charge. They wanted to create more opportunities for celebration in the
City. They anticipate more similar events in the future, but it is up to the City Council/EDA to
2/14/22 -3- DRAFT
determine the threshold of the events. The City Council/EDA must decide if the event is
significant enough to offer such an event. The Heritage Center is usually self-sustaining
financially.
Councilmember/Commissioner Lawrence-Anderson stated the City Council/EDA needs to have
thoughtful discussions about when they utilize enterprise revenue sources for a non-revenue event.
She stated she doesn’t want to confuse the Community Center with the Heritage Center. It is a
very nice, exciting event proposed, but the City Council/EDA needs to decide the parameters for
when they can host an event without a fee base.
Councilmember/Commissioner Lawrence-Anderson stated the City has an emergency mask
mandate in place and maybe in place in May. They have had high COVID-19 numbers, but they
seem to be decreasing. The City Council/EDA may want to lift the mandate earlier than May to
recoup costs the City has lost.
Ms. Guannu stated the Minnesota Orchestra has very strict COVID-19 policies such as masking
and vaccinations that would be applied to the event whether or not the City repeals their mandates.
Ms. Ryan confirmed masks are required at the Orchestra, and all attendees are required to show a
vaccination card or a negative test within the previous 72 hours. However, they cannot know what
those policies will look like in May.
Ms. Guannu added she spoke to a coordinator at the Heritage Center regarding COVID-19 safety
procedures. The coordinator confirmed they have a masking policy, but guests do not need to
wear one while eating. Ms. Guannu stated the pandemic is a situation they are closely monitoring
in regards to the concert.
Councilmember/Commissioner Lawrence-Anderson stated the current emergency mask mandate
in place does not allow eating at all. She added the City does not require proof of vaccinations or
negative tests for any event attendance. She thanked Ms. Guannu and Ms. Ryan for their
comments.
Mayor/President Elliott stated the current mask requirement has a provision that allows for food
to be eaten at the Heritage Center. Ms. Guannu noted she had confirmed with the Heritage Center
that they are allowed to eat with the current City mask mandate.
Councilmember/Commissioner Lawrence-Anderson stated she would like the City Council/EDA
to look at the current COVID-19 data for the City and consider rescinding the mask mandates to
allow Heritage Center to add revenue to the rolls.
Councilmember/Commissioner Butler asked if the food was a necessity of the event because it
seems as though the ultimate goal is to expose the community to the Minnesota Orchestra.
Considering the masks and eating are a point of tension, the food concern could be eliminated from
the event altogether.
2/14/22 -4- DRAFT
Mayor/President Elliott stated the Community Concert Planning Committee could consider that
option, but it seems as though food would be integral to the cultural components of the event. The
Committee has also considered eating to be held in the courtyard area of the Heritage Center.
Councilmember/Commissioner Butler stated the event is a great opportunity for the community to
gain exposure to the Minnesota Orchestra. Also, considering the event is on a Tuesday, it is
unlikely it would be used for any other purpose. She noted the City has provided in-kind donations
for the benefit of the community in the past.
Councilmember/Commissioner Butler pointed out the time was 10:12 p.m. and explained she
would not stay on past 10:15 p.m. She stated they cannot continue to go past 10:00 p.m.
consistently for their meetings.
Mayor/President Elliott stated there is one item left on the agenda to address, but they may have
to schedule a Work Session to discuss it.
Cordell Wiseman, Recreation Director, confirmed eating is allowed at the Heritage Center, but
people need to continue wearing masks when guests are not eating. City Attorney Jason Hill stated
there is nothing in the emergency ordinance related to the Heritage Center, but there is an exception
for eating and drinking.
Councilmember/Commissioner Graves stated they do need to vote if the meeting is going to
continue beyond 10:00 p.m. She suggested they prioritize the discussion of the Allocation of
American Rescue Plan Act Funds at the next meeting. Councilmember/Commissioner Graves
added the Orchestra partnership is news to the rest of the Council, so they need to further discuss
that piece.
Mayor/President Elliott stated the Community Concert Planning Committee is looking for
direction regarding the event date and where the City Council/EDA so they can continue to plan.
He asked if the City Council/EDA was in support of the event.
Councilmember/Commissioner Graves stated the City Council/EDA supports the idea of the
concert, but they do not necessarily support waiving the fees. She pointed out it was the first the
City Council/EDA has heard of the idea and it was a late hour. Councilmember/Commissioner
Graves pointed out Councilmember/Commissioner Butler left the call and noted her appreciation
of those who have stayed on the call.
Mayor/President Elliott asked City Council/EDA what information they would need from the
Community Concert Planning Committee.
Councilmember/Commissioner Graves stated she would like to hear more about members of the
Committee and what performances would be held. She added she would like to know what the
donations would be used for.
Mayor/President Elliott stated if there were any further questions for the Committee, they should
be sent to him for the Community Concert Planning Committee to review.
2/14/22 -5- DRAFT
ADJOURNMENT
Mayor/President Elliott moved and Councilmember/Commissioner Graves seconded adjournment
of the City Council/Economic Development Authority Work Session at 10:18 p.m.
Motion passed unanimously.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center,
Minnesota, certifies:
1. Attached hereto is a full, true, and complete transcript of the minutes of a Work Session of
the City Council of the City of Brooklyn Center held on February 28, 2022.
2. That said meeting was held under due call and notice thereof and was duly held at Brooklyn
Center City Hall.
3. That the City Council adopted said minutes at its February 28, 2022, Regular Session.
Barbara Suciu, City Clerk Mike Elliott, Mayor
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b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events
categorized as Part I crimes in the Uniform Crime Reporting System including
homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are “Family or household members” as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of
Units
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Service & Part I Crimes
(Calls Per Unit/Year)
No
Category
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1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
Type I – 3 Year 1-2 units 0-2
3+ units 0-0.75
Type II – 2 Year 1-2 units Greater than 2 but not more than 5
3+ units Greater than 0.75 but not more than 1.5
Type III – 1 Year 1-2 units Greater than 5 but not more than 9
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 units Greater than 9
3+ units Greater than 3
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Page 10
PermitTypeFeeCityCode
Reference
Plumbing
MinimumFee
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withoutabuildingpermit)
ResidentialWaterHeaterupto4units
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$150
$100
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Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT PROJECT NO. 2022-07, 2022 PARK PLAYGROUND
REPLACEMENT
WHEREAS, pursuant to The Recreation Department’s desire to create a more
genuine community engagement process, Flagship Recreation/Landscape Structures was
selected due to their high recommendations from other communities, inclusive design and
community engagement . Through a communication process with community the following
pricing was selected of Minnesota State Contract pricing. Pricing as follows:
Landscape Structures
Park Equipment Bid State Contract Discount Removal/Install Costs Total
Centennial West $94,742.00 $7,539.36 $36,382.80 $123,585.44
Kylawn $87,370.00 $6,949.60 $37,364.12 $117,784.52
Marlin $43,511.00 $2,580.66 $13,423.05 $54,353.39
Riverdale $54,457.00 $3,237.42 $29,129.86 $80,349.44
West Palmer $82,336.00 $6,546.88 $42,773.15 $118,562.27
Total $362,416.00 $26,853.92 $159,072.98 $494,635.06
WHEREAS, Landscape Structures of Delano, Minnesota pricing is off the Minnesota State
Contract pricing and was the selected bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that
1. The Mayor and City Manager are hereby authorized and directed to enter
into a contract with Landscape Structures Inc. of Delano, Minnesota in
the name of the City of Brooklyn Center, for Project No. 2022-07.
2. The estimated project costs and revenues are as follows:
COSTS Estimate per State Contract
Contract $495,000.00 $495,000.00
Total Estimated Project Cost $495,000.00 $495,000.00
REVENUES Estimate per State Contract
RESOLUTION NO. _______________
Capital Projects Fund $495,000.00 $495,000.00
February 28, 2022
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
Centennial Park West
6254 Brooklyn Drive
Brooklyn Center, MN 55430
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $94,242.00
1 8.00%($7,539.36)
Subtotal $86,702.64
Freight $500.00
Sales Tax Tax Exempt Cert
Total $87,202.64
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
Minnesota State Contract #119795
Quotes from Landscape Structures, Inc. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Landscape Structures, Inc.
Brooklyn Center Parks & Recreation Landscape Structures, Inc.
6301 Shingle Creek Parkway SDS 12-0395 PO Box 86
Brooklyn Center, MN 55430 Minneapolis, MN 55486-0395
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Landscape Structures
601 7th St. S
Delano, MN 55328
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
We are pleased to submit this proposal to supply the following products/services:
Description
Centennial Park West
State Contract Discount
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $87,202.64
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
Centennial West Park
6254 Brooklyn Dr
Brooklyn Center, MN 55430
2022
Qty Item No.Description Price Ext Price
1 124863C SlideWinder2 48"Dk DB 1 Straight 1 Left $2,909 $2,909.00
1 130390A Double Swoosh Slide 72"Dk DB $2,636 $2,636.00
1 202625A Crest Climber w/Permalene Handholds $6,212 $6,212.00
1 150975B Cascade Climber 72"Dk DB Only $3,454 $3,454.00
1 152907B Deck Link w/Barriers Steel end panels 2 Steps $2,288 $2,288.00
1 184489C Overhead Trekker Ladder w/o Deck Connections DB $2,727 $2,727.00
1 193173C TightRope Bridge w/o Deck Connections $1,863 $1,863.00
1 166809A E-Pod Seat $343 $343.00
1 193168A Netplex 7-Post No Roof Steel Posts and DB Only $7,413 $7,413.00
1 152911C Curved Transfer Module Right 48"Dk DB $3,252 $3,252.00
1 111231A Triangular Tenderdeck $884 $884.00
1 111228A Square Tenderdeck $1,146 $1,146.00
3 111404C 132"Alum Post DB $414 $1,242.00
1 111404F 108"Alum Post DB $333 $333.00
1 111404D 124"Alum Post DB $399 $399.00
2 111404W 156"Steel Post DB $460 $920.00
EQUIPMENT INFORMATION & PRICING
State Contract Pricing
PROJECT INFORMATION
Project name
Address
City, State ZIP
Contract Year
Page 3 of 6
2 111404A 148"Alum Post DB $439 $878.00
1 193175A Skyport Climber for 7-Post Mainstructure DB Only $23,286 $23,286.00
1 120711A Pod Climber 16" DB $318 $318.00
1 158997A Pod Climber 10" DB $313 $313.00
1 201889A JigJag Climber Single w/Firepole Aluminum Posts and DB Only $2,348 $2,348.00
1 158105A Wobble Pod DB Only $1,707 $1,707.00
1 173591A OmniSpin Spinner Surface Mount $9,130 $9,130.00
1 177349G Half Bucket Seat ProGuard Chains for Toddler Swing $313 $313.00
2 174018A Belt Seat ProGuard Chains for 8' Beam Height $141 $282.00
1 177337A Toddler Swing Add-On Beam $556 $556.00
1 173592A Oodle Swing DB Only $6,116 $6,116.00
1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury $0 $0.00
1 177332A Single Post Swing Frame 8' Beam Height Only $1,419 $1,419.00
1 132155A Double Slide 32"Dk DB $2,045 $2,045.00
1 139262A Loop Arch 32"Dk DB $1,480 $1,480.00
1 113211A Chimes Panel Above Deck $1,485 $1,485.00
1 153020A Curved Transfer Module 32"Dk Right DB $2,404 $2,404.00
1 111237A Square Tenderdeck $869 $869.00
4 111397D 98"Post DB $318 $1,272.00
1 182503A Welcome Sign (LSI Provided) Ages 2-5 years Direct Bury $0 $0.00
$94,242.00Total Equipment Cost at State Contract Pricing
Page 4 of 6
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
Centennial Park West
6254 Brooklyn Drive
Brooklyn Center, MN 55430
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $500.00
1 $525.00
4901 $8,043.77
51 $643.88
1 $15,643.10
4,901 Geo Textile Fabric (Sq. Ft.)$1,856.25
227 Engineered Wood Fiber (CY) - IPEMA Certified Playground Surfacing $9,170.80
Subtotal $36,382.80
Freight $0.00
Sales Tax Tax Exempt Cert
Total $36,382.80
Brooklyn Center Parks & Recreation Flagship Recreation
6301 Shingle Creek Parkway 11123 Upper 33rd St. N
Brooklyn Center, MN 55430 Lake Elmo, MN 55042
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Flagship Recreation
11123 Upper 33rd St. N
Lake Elmo, MN 55042
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
Dumpster - 30 Yard
Site Work - Excavation, Demo & Site Grading
We are pleased to submit this proposal to supply the following products/services:
Description
*12" Below Top of Curb
Mobilization
*Salvage Company to Remove Playground Equipment
Concrete Flatwork - (Sq. Ft.)
Installation by Landacape Structures Certified Installers
Quotes from Flagship Recreation. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Flagship Recreation
Minnesota State Contract #119795
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $36,382.80
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
Pl
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y
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o
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(5
-
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2
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e
a
r
s
)
6'
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T
R
U
C
T
C
2-
1
2
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
Kylawn Park
6015 Kyle Ave N
Brooklyn Center, MN 55429
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $86,870.00
1 8.00%($6,949.60)
Subtotal $79,920.40
Freight $500.00
Sales Tax Tax Exempt Cert
Total $80,420.40
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Landscape Structures
601 7th St. S
Delano, MN 55328
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
We are pleased to submit this proposal to supply the following products/services:
Description
Kylawn Park
State Contract Discount
Brooklyn Center Parks & Recreation Landscape Structures, Inc.
6301 Shingle Creek Parkway SDS 12-0395 PO Box 86
Brooklyn Center, MN 55430 Minneapolis, MN 55486-0395
Minnesota State Contract #119795
Quotes from Landscape Structures, Inc. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Landscape Structures, Inc.
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $80,420.40
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
Kylawn Park
Address
Brooklyn Center, MN 55430
2022
Qty Item No.Description Price Ext Price
1 125688A Loop Arch 90*Tri-Deck 48"Dk DB 2,030.00$ 2,030.00$
1 145107A SpaceWalk Climber 8,605.00$ 8,605.00$
1 145624D Vertical Ascent 72"Dk 1,510.00$ 1,510.00$
1 152907B Deck Link w/Barriers Steel end panels 2 Steps 2,288.00$ 2,288.00$
1 157427B Pod Climber w/Handloop 32"Dk DB Left Handhold 1,611.00$ 1,611.00$
2 111228A Square Tenderdeck 1,146.00$ 2,292.00$
2 121948A Kick Plate 8"Rise 131.00$ 262.00$
1 121949A Tri-Deck Kick Plate 8"Rise 187.00$ 187.00$
4 122197A 90* Triangular Tenderdeck 960.00$ 3,840.00$
1 152911C Curved Transfer Module Right 48"Dk DB 3,252.00$ 3,252.00$
1 116244B Pipe Barrier w/Wheel Above Deck 914.00$ 914.00$
1 116244A Pipe Barrier Above Deck 697.00$ 697.00$
1 127953B Handhold Panel 187.00$ 187.00$
1 130873A Ring Pull 732.00$ 732.00$
1 141886A Access/Landing Assembly Rails Barrier Right 24"Dk 763.00$ 763.00$
1 142887A 2"Horizontal Ladder 1,313.00$ 1,313.00$
EQUIPMENT INFORMATION & PRICING
State Contract Pricing
PROJECT INFORMATION
Project name
Address
City, State ZIP
Contract Year
Page 3 of 6
4 111403D 158"Alum Post For Roof DB 460.00$ 1,840.00$
2 111404F 108"Alum Post DB 333.00$ 666.00$
5 111404E 116"Alum Post DB 343.00$ 1,715.00$
1 111404D 124"Alum Post DB 399.00$ 399.00$
2 111404C 132"Alum Post DB 414.00$ 828.00$
3 111404A 148"Alum Post DB 439.00$ 1,317.00$
1 118110A Square Poly Roof Custom Logo Panels 1,439.00$ 1,439.00$
1 123336A Double Wave Slide 48"Dk DB 3,025.00$ 3,025.00$
1 144414A Cloudburst Triple Slide 72"Dk DB 5,030.00$ 5,030.00$
2 120711A Pod Climber 16" DB 318.00$ 636.00$
1 150636A Mobius Climber 6-Panel DB Only 17,534.00$ 17,534.00$
1 184854A Hole Panel 525.00$ 525.00$
1 184858A Driver Panel 838.00$ 838.00$
1 184859A Finger Maze Panel 692.00$ 692.00$
2 115201B LW Post 1"Panel DB 283.00$ 566.00$
2 115201A LW Post 10"Panel DB 288.00$ 576.00$
1 247179A Curva Spinner DB Only 2,086.00$ 2,086.00$
1 247189A Chill Spinner DB 2,283.00$ 2,283.00$
1 100041A Curved Balance Beam DB 914.00$ 914.00$
1 173592A Oodle Swing DB Only 6,116.00$ 6,116.00$
4 174018A Belt Seat ProGuard Chains for 8' Beam Height 141.00$ 564.00$
1 176038G Full Bucket Seat ProGuard Chains for Toddler Swing 384.00$ 384.00$
1 177337A Toddler Swing Add-On Beam 556.00$ 556.00$
2 177345A Single Post Swing Frame 52" Bury Additional Bay 8' Beam Height Only 1,126.00$ 2,252.00$
1 237296A Friendship Swing w/Single Post Frame 52" Bury ProGuard Chains 3,606.00$ 3,606.00$
1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury -$ -$
$86,870.00Total Equipment Cost at State Contract Pricing
Page 4 of 6
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
Kylawn Park
6015 Kyle Ave N
Brooklyn Center, MN 55429
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $500.00
1 $525.00
5,563 $9,130.27
1 $14,678.66
5,563 Geo Textile Fabric (Sq. Ft.)$2,106.99
258 Engineered Wood Fiber (CY) - IPEMA Certified Playground Surfacing $10,423.20
Subtotal $37,364.12
Freight $0.00
Sales Tax Tax Exempt Cert
Total $37,364.12
Page 1 of 2
Quotes from Flagship Recreation. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Flagship Recreation
Minnesota State Contract #119795
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Installation by Landacape Structures Certified Installers
Dumpster - 30 Yard
Site Work - Excavation, Demo & Site Grading
We are pleased to submit this proposal to supply the following products/services:
Description
*12" Below Top of Curb
*Salvage Company to Remove Playground Equipment
Mobilization
Brooklyn Center Parks & Recreation Flagship Recreation
6301 Shingle Creek Parkway 11123 Upper 33rd St. N
Brooklyn Center, MN 55430 Lake Elmo, MN 55042
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Flagship Recreation
11123 Upper 33rd St. N
Lake Elmo, MN 55042
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $37,364.12
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
Marlin Park
6404 Marlin Dr
Minneapolis, MN 55429
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $43,011.00
1 6.00%($2,580.66)
Subtotal $40,430.34
Freight $500.00
Sales Tax Tax Exempt Cert
Total $40,930.34
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
Minnesota State Contract #119795
Quotes from Landscape Structures, Inc. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Landscape Structures, Inc.
Brooklyn Center Parks & Recreation Landscape Structures, Inc.
6301 Shingle Creek Parkway SDS 12-0395 PO Box 86
Brooklyn Center, MN 55430 Minneapolis, MN 55486-0395
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Landscape Structures
601 7th St. S
Delano, MN 55328
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
We are pleased to submit this proposal to supply the following products/services:
Description
Marlin Park
State Contract Discount
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $40,930.34
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
Marlin Park
6404 Marlin Dr
Brooklyn Center, MN 55430
2022
Qty Item No.Description Price Ext Price
1 123293A Cozy Climber Perm Handholds 40"Dk DB $2,717 $2,717.00
1 143199A Conical Climber 72"Dk DB $4,707 $4,707.00
1 152908B Deck Link w/Handrails Permalene infill panel 2 Steps $1,722 $1,722.00
2 111228A Square Tenderdeck $1,146 $2,292.00
2 121948A Kick Plate 8"Rise $131 $262.00
2 121949A Tri-Deck Kick Plate 8"Rise $187 $374.00
4 122197A 90* Triangular Tenderdeck $960 $3,840.00
1 185852A Transfer Step w/2 Handloops DB $1,126 $1,126.00
1 115254A Storefront Panel $697 $697.00
1 116244B Pipe Barrier w/Wheel Above Deck $914 $914.00
1 116244A Pipe Barrier Above Deck $697 $697.00
1 117146A Gear Panel Above Deck $2,161 $2,161.00
1 120901A Grab Bar $217 $217.00
1 111273A End Vertical Ladder w/Alum Posts DB $1,470 $1,470.00
1 119805A Single Beam Loop Horiz Ladder 84" $1,172 $1,172.00
4 111403A 182"Alum Post For Roof DB $495 $1,980.00
EQUIPMENT INFORMATION & PRICING
State Contract Pricing
PROJECT INFORMATION
Project name
Address
City, State ZIP
Contract Year
Page 3 of 6
1 111404H 92"Alum Post DB $313 $313.00
1 111404G 100"Alum Post DB $328 $328.00
4 111404E 116"Alum Post DB $343 $1,372.00
1 111404D 124"Alum Post DB $399 $399.00
1 111404C 132"Alum Post DB $414 $414.00
1 129816A Square Peak Tile Roof Custom Logo Panel $1,616 $1,616.00
1 123331B Double Slide 40"Dk DB $2,303 $2,303.00
1 222708A WhooshWinder Slide 72"Dk DB $5,641 $5,641.00
1 148636A Seesaw 2-Seats DB $3,136 $3,136.00
1 152179A Saddle Spinner DB 16"Height $1,141 $1,141.00
1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury $0 $0.00
$43,011.00Total Equipment Cost at State Contract Pricing
Page 4 of 6
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
Marlin Park
6404 Marlin Dr
Minneapolis, MN 55429
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $500.00
1 $525.00
1,530 $2,511.11
1 $6,439.05
1,530 Geo Textile Fabric (Sq. Ft.)$579.49
71 Engineered Wood Fiber (CY) - IPEMA Certified Playground Surfacing $2,868.40
Subtotal $13,423.05
Freight $0.00
Sales Tax Tax Exempt Cert
Total $13,423.05
Brooklyn Center Parks & Recreation Flagship Recreation
6301 Shingle Creek Parkway 11123 Upper 33rd St. N
Brooklyn Center, MN 55430 Lake Elmo, MN 55042
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Flagship Recreation
11123 Upper 33rd St. N
Lake Elmo, MN 55042
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
Dumpster - 30 Yard
Site Work - Excavation, Demo & Site Grading
We are pleased to submit this proposal to supply the following products/services:
Description
*12" Below Top of Curb
*Salvage Compnay to Remove Playground Equipment
Mobilization
Installation by Landacape Structures Certified Installers
Quotes from Flagship Recreation. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Flagship Recreation
Minnesota State Contract #119795
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $13,423.05
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
Riverdale Park
7031 Dallas Road
Brooklyn Center, MN 55430
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $53,957.00
1 6.00%($3,237.42)
Subtotal $50,719.58
Freight $500.00
Sales Tax Tax Exempt Cert
Total $51,219.58
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Landscape Structures
601 7th St. S
Delano, MN 55328
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
We are pleased to submit this proposal to supply the following products/services:
Description
Riverdale Park
State Contract Discount
Brooklyn Center Parks & Recreation Landscape Structures, Inc.
6301 Shingle Creek Parkway SDS 12-0395 PO Box 86
Brooklyn Center, MN 55430 Minneapolis, MN 55486-0395
Minnesota State Contract #119795
Quotes from Landscape Structures, Inc. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Landscape Structures, Inc.
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $51,219.58
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
Riverdale Park
7031 Dallas Rd
Brooklyn Center, MN 55430
2022
Qty Item No.Description Price Ext Price
1 123293A Cozy Climber Perm Handholds 40"Dk DB 2,717.00$ 2,717.00$
1 143199A Conical Climber 72"Dk DB 4,707.00$ 4,707.00$
1 152908B Deck Link w/Handrails Permalene infill panel 2 Steps 1,722.00$ 1,722.00$
2 111228A Square Tenderdeck 1,146.00$ 2,292.00$
2 121948A Kick Plate 8"Rise 131.00$ 262.00$
2 121949A Tri-Deck Kick Plate 8"Rise 187.00$ 374.00$
4 122197A 90* Triangular Tenderdeck 960.00$ 3,840.00$
1 185852A Transfer Step w/2 Handloops DB 1,126.00$ 1,126.00$
1 115254A Storefront Panel 697.00$ 697.00$
1 116244B Pipe Barrier w/Wheel Above Deck 914.00$ 914.00$
1 116244A Pipe Barrier Above Deck 697.00$ 697.00$
1 117146A Gear Panel Above Deck 2,161.00$ 2,161.00$
1 120818A Playstructure Seat 429.00$ 429.00$
1 120901A Grab Bar 217.00$ 217.00$
1 166809A E-Pod Seat 343.00$ 343.00$
1 119805A Single Beam Loop Horiz Ladder 84" 1,172.00$ 1,172.00$
Brooklyn Center, MN 55430+A10:A28
State Contract Pricing
PROJECT INFORMATION
Project name
Address
City, State ZIP
Contract Year
Page 3 of 6
4 111403A 182"Alum Post For Roof DB 495.00$ 1,980.00$
1 111404H 92"Alum Post DB 313.00$ 313.00$
1 111404G 100"Alum Post DB 328.00$ 328.00$
6 111404E 116"Alum Post DB 343.00$ 2,058.00$
1 111404D 124"Alum Post DB 399.00$ 399.00$
1 111404C 132"Alum Post DB 414.00$ 414.00$
1 129816A Square Peak Tile Roof Custom Logo Panel 1,616.00$ 1,616.00$
1 123331B Double Slide 40"Dk DB 2,303.00$ 2,303.00$
1 222708A WhooshWinder Slide 72"Dk DB 5,641.00$ 5,641.00$
3 120711A Pod Climber 16" DB 318.00$ 954.00$
1 156435A Hemisphere Climber DB Only 13,655.00$ 13,655.00$
2 158997A Pod Climber 10" DB 313.00$ 626.00$
1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury -$ -$
$53,957.00Total Equipment Cost at State Contract Pricing
Page 4 of 6
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
Riverdale Park
7031 Dallas Road
Brooklyn Center, MN 55430
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $500.00
1 $525.00
4,655 $7,640.02
1 $10,562.43
4,385 Geo Textile Fabric (Sq. Ft.)$1,660.82
204 Engineered Wood Fiber (CY) - IPEMA Certified Playground Surfacing $8,241.60
Subtotal $29,129.86
Freight $0.00
Sales Tax Tax Exempt Cert
Total $29,129.86
Page 1 of 2
Quotes from Flagship Recreation. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Flagship Recreation
Minnesota State Contract #119795
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Installation by Landacape Structures Certified Installers
Dumpster - 30 Yard
Site Work - Excavation, Demo & Site Grading
We are pleased to submit this proposal to supply the following products/services:
Description
*12" Below Top of Curb
*Salvage Company to Remove Playground Equipment
Mobilization
Brooklyn Center Parks & Recreation Flagship Recreation
6301 Shingle Creek Parkway 11123 Upper 33rd St. N
Brooklyn Center, MN 55430 Lake Elmo, MN 55042
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Flagship Recreation
11123 Upper 33rd St. N
Lake Elmo, MN 55042
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $29,129.86
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
West Palmer Park
7110 Palmer Lake Dr
Brooklyn Center, MN 55430
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $81,836.00
1 8.00%($6,546.88)
Subtotal $75,289.12
Freight $500.00
Sales Tax Tax Exempt Cert
Total $75,789.12
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
Minnesota State Contract #119795
Quotes from Landscape Structures, Inc. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Landscape Structures, Inc.
Brooklyn Center Parks & Recreation Landscape Structures, Inc.
6301 Shingle Creek Parkway SDS 12-0395 PO Box 86
Brooklyn Center, MN 55430 Minneapolis, MN 55486-0395
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Landscape Structures
601 7th St. S
Delano, MN 55328
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
We are pleased to submit this proposal to supply the following products/services:
Description
West Palmer Park
State Contract Discount
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $75,789.12
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
West Palmer Park
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
2022
Qty Item No.Description Price Ext Price
1 200677A Wee Planet Climber DB $2,742 $2,742.00
1 184889A Bongo Panel $990 $990.00
1 184895A Xylofun Panel $2,666 $2,666.00
1 184899A Rain Sound Wheel Panel $2,308 $2,308.00
4 115201A LW Post 10"Panel DB $288 $1,152.00
1 194663B ZipKrooz 50' w/Aluminum Posts DB $15,801 $15,801.00
1 205800A TopsyTurny Spinner 42"Bury DB Only $5,515 $5,515.00
1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury $0 $0.00
6 100626A 30" Galvanized Stake $15 $90.00
5 119214A Tuff-Timber 4'$59 $295.00
1 174018A Belt Seat ProGuard Chains for 8' Beam Height $141 $141.00
1 177332A Single Post Swing Frame 8' Beam Height Only $1,419 $1,419.00
1 177337A Toddler Swing Add-On Beam $556 $556.00
1 177349G Half Bucket Seat ProGuard Chains for Toddler Swing $313 $313.00
1 177351A Molded Bucket Seat (5-12 yrs) w/Harness ProGuard Chains for 8' Beam Heig $954 $954.00
2 141683A 72" TenderTuff Bench w/Back No Armrests DB $687 $1,374.00
Brooklyn Center, MN 55430+A10:A28
State Contract Pricing
PROJECT INFORMATION
Project name
Address
City, State ZIP
Contract Year
1 CP016776A-0 DTR PB Tree Tops w/Steel Post DB Only $45,520 $45,520.00
$81,836.00Total Equipment Cost at State Contract Pricing
Page 2 of 6
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To: Please Make PO's & Contracts Out To:
West Palmer Park
7110 Palmer Lake Dr
Brooklyn Center, MN 55430
Bill To: Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 $500.00
1 $525.00
5,270 $8,649.39
1 $21,245.15
5,270 Geo Textile Fabric (Sq. Ft.)$1,996.01
244 Engineered Wood Fiber (CY) - IPEMA Certified Playground Surfacing $9,857.60
Subtotal $42,773.15
Freight $0.00
Sales Tax Tax Exempt Cert
Total $42,773.15
Brooklyn Center Parks & Recreation Flagship Recreation
6301 Shingle Creek Parkway 11123 Upper 33rd St. N
Brooklyn Center, MN 55430 Lake Elmo, MN 55042
(763) 569-3405
cgoebel@ci.brooklyn-center.mn.us
Flagship Recreation
11123 Upper 33rd St. N
Lake Elmo, MN 55042
1/10/2022
3/1/2022
Brooklyn Center Parks & Recreation
Carissa Goebel
Dumpster - 30 Yard
Site Work - Excavation, Demo & Site Grading
We are pleased to submit this proposal to supply the following products/services:
Description
*12" Below Top of Curb
*Salvage Company to Remove Playground Equipment
Mobilization
Installation by Landacape Structures Certified Installers
Quotes from Flagship Recreation. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless
noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order
entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a
formal Purchase Order made out to Flagship Recreation
Minnesota State Contract #119795
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
Email:
Purchase Amount:
Page 2 of 2
Signature:cgoebel@ci.brooklyn-center.mn.us
Title:Phone:
Date: $42,773.15
Acceptance of Quotation:
Accepted By (Print)Carissa Goebel PO#:
Terms & Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties. Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
PProjectt Scope (This Section For Quotes Including Installation)
IInclusions::
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
EExclusionss (Unlesss Specificallyy Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permitsof Any Kind
Force Majeure:In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, tornado or like acts of God, wars, civil commotion, explosion, acts of public enemy,
embargo, acts of the government, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability
of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the
fault or negligence of Flagship Recreation, Flagship Recreation, upon giving prompt notice to the Customer, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the Customer shall likewise be
excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided
however, that Flagship Recreation so affected shall use diligent efforts to avoid or remove such causes of non-performance and both
Parties shall proceed whenever such causes are removedor cease.
Material Cost Escalation:If, during the performance of this contract, the cost of materials significantly increases, through no fault of
Flagship Recreation, the price of this contract shall be equitably adjusted by an amount reasonably necessary to cover any such significant
increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 5%
experienced by contractor from the date of the contract signing. Such increase in material costs shall be documented through quotes,
invoices, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a result of the shortage or
unavailability of the materials, contractorshall not be liable for any additional costs or damages associated with such delay(s).
!
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Member introduced the following resolution
and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN
CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 thru 19-106,
declares any dead tree a public nuisance and provides for abatement by the City if not corrected by
the property owner; and
WHEREAS, removal of dead trees and abatement of the public nuisance is
necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
ten (10) days to remove dead trees on the owners’ property; and
WHEREAS, the City can expedite the removal of these dead trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The dead tree at the following address is hereby declared to be a public nuisance.
Property Address Tree Type Tree Number
3212 QUARLES RD MAPLE 43
2. After ten (10) days from the date of the initial notice, the property owner(s) was
notified of the council action regarding the determination by the City Council
declaring the dead tree a public nuisance.
3. The property owner(s) will receive a final written notice providing five (5) business
days in which to contest the determination of the City Council by requesting, in
writing, a hearing. Said request shall be filed with the City Clerk.
4. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall
be removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be
specially assessed to the property in accordance with city codes and Minnesota
Statutes Chapter 429.
RESOLUTION NO. ______________
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN
BROOKLYN CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree
a public nuisance and provides for abatement by the City if not corrected by the property owner;
and;
WHEREAS, removal of diseased trees and abatement of the public nuisances is
necessary to prevent the spread of tree diseases and to protect the environmental quality and
desirability of neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement
has been issued to the owners of certain properties in the City allowing the owners twenty (20)
days to remove diseased trees on the owners’ property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The diseased tree at the following address is hereby declared to be a public nuisance.
Property Address Tree Type Tree Number
6920 Emerson Ave N Ash 74
5715 Knox Ave N Ash 76
5700 Girard Ave N Ash 77, 78, 79
5410 France Ave N Ash 82
6413 June Ave N Ash 86
2. After twenty (20) days from the date of the initial notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to contest the
determination of the City Council by requesting, in writing, a hearing. Said request
shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be
removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be specially
assessed to the property in accordance with City codes and Minnesota Statutes
Chapter 429.
RESOLUTION NO._______________
January 10, 2022
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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adoption:
RESOLUTION NO.
RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2022 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT
WITH HENNEPIN COUNTY
WHEREAS, the City of Brooklyn Center, through execution of a Joint
Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County
Community Development Block Grant (CDBG) Program; and
WHEREAS, the City of Brooklyn Center has developed a proposal for the use of
Urban Hennepin County CDBG funds made available to it; and
WHEREAS, the City of Brooklyn Center held a Public Hearing on February 28,
2022 to obtain the view of citizens on housing and community development needs and priorities
and the City’s proposed use of $258,000 from the 2022 Urban Hennepin County Community
Development Block Grant; and
WHEREAS, the City of Brooklyn Center, through execution of a Joint
Cooperation Agreement with Hennepin County, is a Subrecipient community in the Urban
Hennepin County Community Development Block Grant Program; and
WHEREAS, pursuant to the Subrecipient Agreement between the City of
Brooklyn Center and Hennepin County, the City agrees to assume certain responsibilities for the
utilization of Community Development Block Grant funds; and
WHEREAS, a notice to solicit public comment was published and comments
were solicited for a period of 10 days, ending on February 28, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that it approves the following project(s) for funding from the 2019 Urban
Hennepin County Community Development Block Grant Program and authorizes submittal of
the proposal to Urban Hennepin County.
Project Budget
Home Rehabilitation Program (Rehabilitation of Private Property) $258,000
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs
the Mayor and its’ City Manager to execute the Subrecipient Agreement and any required Third
Party Agreement on behalf of the City to implement the 2022 Community Development Block
Grant Program.
BE IT FURTHER RESOLVED, that should the actual amount of FY2022 CDBG
available to the city be different from the preliminary amount provided to the City, the City
Council hereby authorizes the city manager to adjust the following activity budget(s) at this rate:
Project Budget Adjustment
Home Rehabilitation Program (Rehabilitation of Private Property) 100%
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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Member introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2022-____
CITY OF BROOKLYN CENTER, MINNESOTA
A RESOLUTION APPROVING THE SECOND READING OF AN ORDINANCE
AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES REGARDING
TENANT PROTECTION AND SUMMARY PUBLICATION OF THE ORDINANCE
WHEREAS, the City of Brooklyn Center (“City”) previously amended the City Code to
establish certain protections for tenants of affordable housing units and now desires to expand
those protections; and
WHEREAS, City staff developed a proposed ordinance titled “An Ordinance Amending
Chapter 12 of the City Code of Ordinances Regarding Tenant Protections” (“Ordinance”), which
amends Sections 12-201, 12-912D and 12-1401 of the City Code; and
WHEREAS, the City Council discussed this issue at several work sessions and the
proposed Ordinance was presented to the City Council to conduct a first reading on November 8,
2021 in accordance with Section 3.04 of the City Charter; and
WHEREAS, the proposed Ordinance was presented to the City Council to conduct a public
hearing and a second reading on December 13, 2021 in accordance with Section 3.04 of the City
Charter; and
WHEREAS, the City Council continued the second reading from December 13, 2021 to
February 28, 2022, and the City Council acted at its meeting on February 28, 2022 to adopt the
above-referenced Ordinance; 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 by contacting City Hall; 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. A second reading has been conducted and the Ordinance is hereby adopted.
2. The City Clerk is hereby authorized and directed to publish the following notice and summary
of the Ordinance, which is hereby approved, once in the City’s official newspaper:
City of Brooklyn Center
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY
CODE OF ORDINANCES REGARDING TENANT PROTECTION
Please take notice that the City Council of the City of Brooklyn Center has
adopted an ordinance to amend Chapter 12 of the City Code by amending Section 12-
912D to expand the protections provided to tenants of affordable housing units. The
ordinance establishes new requirements for landlords to provide tenants a notice at least
30 days before filing an eviction action, to provide notice explaining the basis of a just
cause nonrenewal of a lease, and to provide for filing a private enforcement action in
district court for a violation of the tenant protections under the section, including the
seeking of an award of attorney’s fees. A copy of the full ordinance is available on the
City’s website.
3. City staff and consultants are authorized to take such other actions as may be needed to
incorporate the Ordinance into the City Code and to otherwise carry out the intent of this
Resolution.
February 28, 2022
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.
1
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 13th day of December, 2021, at
7:00 p.m. or as soon thereafter as the matter may be heard to consider an ordinance related to
tenant protections. 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 CHAPTER 12 OF THE CITY CODE OF
ORDINANCES REGARDING TENANT PROTECTION
THE CITY OF BROOKLYN CENTER DOES ORDAIN:
Article I. Legislative Findings. The City Council of the City of Brooklyn Center hereby finds
and determines as follows:
a. Tenants of affordable housing units have an income of 80% or less, and in some case much
less, of the area median income and so have few resources to fight predatory practices,
unjustified repair fees, retaliation, or other practices that exploit tenants within affordable
housing buildings;
b. Vacancy rates in the City, at approximately 2%, are very low and are even lower than the Twin
Cities regional average;
c. In addition to a significant and sustained housing shortage, the residential eviction moratorium
enacted in Minnesota in response to the COVID-19 pandemic has nearly been entirely phased
out, and with only very limited exceptions, tenants are able to be evicted;
d. The City Council regularly receives complaints at its meetings from residents of affordable
housing units regarding how they are treated by the owners and the resulting negative
emotional and financial impacts of those interactions;
e. The City's 2040 Comprehensive Plan identifies several broad housing goals, including (1)
promoting a diverse housing stock that provides safe, stable, and accessible housing option to
all of the City’s residents, (2) recognition and identification of ways to match the City’s
housing with the City’s changing demographics, (3) exploring opportunities to improve the
City’s housing policies and ordinances to make them more responsive to current and future
residents, (4) maintaining the existing housing stock in primarily single-family neighborhoods
through proper ordinances, incentive programs and enforcement, and (5) exploring
opportunities to incorporate new affordable housing into redevelopment areas that promote
safe, secure and economically diverse neighborhoods;
2
f. In addition to these goals, the 2040 Comprehensive Plan identifies implementation strategies
as well as resources and tools for achieving its housing goals;
g. The City Council previously adopted Section 12-912D to establish certain tenant protections
for those living within affordable housing units as an initial step to address the exploitation of
these tenants, and the City is currently working with the Center for Urban and Regional Affairs
and Research in Action on a citywide housing study;
h. However, in light of the current housing shortage, the reversal of the eviction moratorium, and
in response to complaints from tenants of affordable housing units in the City, the City Council
determines it is necessary to expand the initial protections in order to promote housing stability
and protect the health, safety, and welfare of those living within affordable housing units; and
i. The tenant protections adopted as part of Section 12-912D are intended to be part of the health
and safety covenants in Minnesota Statutes, section 504B.161, subdivision 1(a)(4) and as
additional conditions provided for by ordinance as acknowledged in subdivision 4 of the same
statute.
Article II. Brooklyn Center City Code, Section 12-201 is amended by adding the following
definition and renumbering the subsequent definitions as needed:
__. Just Cause – any of the bases listed under Section 12-912D(5) upon which an owner of an
affordable housing building may terminate tenancy.
Article III. Brooklyn Center City Code, Section 12-912D is amended by adding subsections 12-
912D(4), 12-912D(5), and 12-912D(6) as follows, and renumbering the subsequent subsections as
needed:
4. Pre-Eviction Filing Notice. Except as provided otherwise in this subsection, an owner of an
affordable housing unit shall provide at least 30 days’ written notice to a tenant prior to filing
an eviction action on the basis of either: (a) an alleged non-payment of rent; or (b) an alleged
material breach of a lease.
a. Notices for Non-payment of Rent. For an allegation of any non-payment of rent, the notice
shall, at a minimum, include the following information:
(1) The name, mailing address, and telephone number of the person authorized to
receive rent and fees on behalf of the owner;
(2) The total amount of money due and owing to the owner by the tenant;
(3) A specific accounting of the money due and owing to the owner by the tenant,
including any past due rents, any late fees, and any other charges; and
3
(4) The deadline by which the total amount due and owing to the owner by the tenant
shall be paid to avoid an eviction action, which shall be no earlier than 30 days
from the date on which the notice is delivered.
b. Notices for Material Breach of a Lease. For an allegation of a material breach of a
lease, the notice shall, at a minimum, include the following information:
(1) The name, mailing address, and telephone number of the owner;
(2) A description of the specific conduct that the owner alleges is a violation of the
lease, including the dates of the violations and the persons who committed the
alleged violations;
(3) Identification of the specific clause of the lease alleged to have been violated;
(4) Notification that the tenant has the right to correct the alleged breach;
(5) Notification of how the tenant may correct the alleged breach;
(6) The deadline by which the alleged breach shall be corrected to avoid an eviction
action, which shall be no earlier than 30 days from the date on which the notice is
delivered; and
(7) A copy of the lease attached to the notice.
c. Exception for Expedited Eviction Actions. For an expedited eviction action filed
pursuant to Minnesota Statutes, section 504B.321, subdivision 2, the owner shall
provide the notice required by Section 12-912D(4)(d) at least three days in advance of
filing the eviction action.
d. Additional Notice Requirements. All notices under this subsection shall also include
the following information:
(1) Notification that the tenant may be evicted if they do not pay the past due rent or
correct the alleged breach of lease by the deadline, as applicable;
(2) Information about accessing rental assistance by calling 211 or visiting
https://www.211unitedway.org/; and
(3) Information about accessing legal help by visiting the Law Help Website at
https://www.lawhelpmn.org/.
e. Delivery of Notice. The owner, or an agent for the owner, shall deliver any notice
required by this subsection personally or by first-class mail to the address of the
affordable housing unit. Such notice may, in addition to but not in place of personal
4
delivery or delivery by first-class mail, be delivered to any email or other electronic
means to the tenant at the tenant’s email address or electronic account.
f. Enforcement. In addition to any other remedy available at equity or law, failure to
comply with the provisions of this subsection may result in adverse rental license
actions, the imposition of administrative fines, or other penalties as provided in law.
g. Waiver Not Allowed. The parties to a written or oral lease of an affordable housing
unit shall not waive or modify the requirements imposed by this subsection. Any such
waiver provision that may exist in a lease is not enforceable.
5. Just Cause Notice of Nonrenewal of Lease to Tenants.
a. Just Cause Notice. An owner of an affordable housing unit shall not issue a notice of
nonrenewal of tenancy, refuse to renew, or issue a notice to quit unless the owner is able
to establish one or more of the following grounds for such action:
(1) Non-payment of Rent. The tenant fails to pay all monies owed to an owner after
receiving a written notice of non-payment from the owner;
(2) Material Non-Compliance. The tenant fails to cure a material breach of the lease after
receiving a written notice from the owner;
(3) Refusal to Renew. The tenant refuses to renew or extend the lease after the owner
requests in writing that the tenant do so;
(4) Occupancy by Property Owner or Family Member. The owner, in good faith, seeks to
recover possession of the unit so that the owner or a family member may occupy the
unit as that person’s principal residence;
(5) Building Demolishment or Conversion. The owner either:
(i) Elects to demolish the building in which the affordable housing unit is located,
convert it to a cooperative, provided the owner complies with the provisions of
Minnesota Statutes, chapter 515B, or convert it to non-residential use, provided
that the owner shall obtain all permits necessary to demolish or change the use
before terminating any tenancy;
(ii) The owner seeks, in good faith, to recover the unit to sell it in accordance with a
condominium conversion, provided the owner complies with the provisions of
Minnesota Statutes, chapter 515B; or
(iii) The unit is being converted to a unit subsidized under a local, state, or federal
housing program and the tenant does not qualify to rent the unit under that
program;
5
(6) Rehabilitation and Renovation. The owner seeks, in good faith, to recover possession
of the unit that will render the unit uninhabitable for the duration of rehabilitation or
renovation;
(7) Complying with a Government Order to Vacate. The owner is complying with a
government agency’s order to vacate, order to abate, or any other order that necessitates
the vacating of the unit as a result of a violation of City Code or any other provision of
law including, but not limited to, Section 12-911 related to conduct, disorderly
activities, or nuisances; or
(8) Occupancy Conditioned on Employment. The tenant’s occupancy is conditioned upon
employment on the property and the employment relationship is terminated.
b. Owner Responsibilities. Any lease for an affordable housing unit shall include just
cause notice language as follows:
“The landlord under this lease shall not unilaterally terminate or attempt to terminate
the tenancy of any tenant unless the landlord can prove that just cause exists. The
reasons for termination or nonrenewal of tenancy listed in the City of Brooklyn
Center’s Just Cause Notice (Section 12-912D(5)), and no others, shall constitute just
cause under this provision.”
c. Nonrenewal Notice Requirements. An owner providing a notice of nonrenewal of a
tenancy to a tenant of an affordable housing unit shall: (1) comply with all notice
requirements under the lease and applicable law; (2) include in such notice a written
statement of the reasons for the nonrenewal and the facts in support of those reasons,
and (3) maintain documentation totaling the number of notices of nonrenewal issued
by the owner.
d. City Right to Inspection of Nonrenewal Notices. Within ten days of any request by the
City, the owner of an affordable housing building shall provide to the City copies of its
documentation totaling the number of notices of nonrenewal issued by the owner.
e. Application. This Section applies to every lease, written or oral, for an affordable
housing unit.
f. Waiver Not Allowed. The parties to a written or oral lease of an affordable housing
unit shall not waive or modify the requirements imposed by this subsection. Any such
waiver provision that may exist in a lease is not enforceable.
6. Private Enforcement of Tenant Protection Ordinance. Any tenant or former tenant of an
affordable housing unit harmed by an owner’s violation of this Section 12-912D may bring
an action against the owner in district court. Such person shall be entitled to all remedies
available at law or in equity including, but not limited to, damages and injunctive relief. Any
plaintiff that prevails in such action may be awarded reasonable attorney’s fees and expenses.
6
Article IV. Brooklyn Center City Code, Section 12-1401 is amended by adding the double-
underlined language and deleting the stricken language as follows:
Section 12-1401. SEPARABILITY. Every Section, provision, or part of this Ordinance
Chapter is declared separable from every other Section, provision, or part to the extent that if any
Section, provision or part of the Chapter shall be held invalid, it shall not invalidate any other
Section, provision or part thereof.
Article V. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Article VI. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this 28th day of February, 2022.
_______________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 13th day of December, 2021, at
7:00 p.m. or as soon thereafter as the matter may be heard to consider an ordinance related to
tenant protections. 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 CHAPTER 12 OF THE CITY CODE OF
ORDINANCES REGARDING TENANT PROTECTION
THE CITY OF BROOKLYN CENTER DOES ORDAIN:
Article I. Legislative Findings. The City Council of the City of Brooklyn Center hereby finds
and determines as follows:
Tenants of affordable housing units have an income of 80% or less, and in some case mucha.
less, of the area median income and so have few resources to fight predatory practices,
unjustified repair fees, retaliation, or other practices that exploit tenants within affordable
housing buildings;
Vacancy rates in the City, at approximately 2%, are very low and are even lower than theb.
Twin Cities regional average;
In addition to a significant and sustained housing shortage, the residential evictionc.
moratorium enacted in Minnesota in response to the COVID-19 pandemic has nearly been
entirely phased out, and with only very limited exceptions, tenants are able to be evicted;
b.The City Council regularly receives complaints at its meetings from residents of affordabled.
housing units regarding how they are treated by the owners and the resulting negative
emotional and financial impacts of those interactions;
The City's 2040 Comprehensive Plan identifies several broad housing goals, including (1)e.
promoting a diverse housing stock that provides safe, stable, and accessible housing option to
all of the City’s residents, (2) recognition and identification of ways to match the City’s
housing with the City’s changing demographics, (3) exploring opportunities to improve the
City’s housing policies and ordinances to make them more responsive to current and future
residents, (4) maintaining the existing housing stock in primarily single-family
neighborhoods through proper ordinances, incentive programs and enforcement, and (5)
exploring opportunities to incorporate new affordable housing into redevelopment areas that
promote safe, secure and economically diverse neighborhoods;
1
In addition to these goals, the 2040 Comprehensive Plan identifies implementation strategiesf.
as well as resources and tools for achieving its housing goals;
c.The City Council previously adopted Section 12-912D to establish certain tenantg.
protections for those living within affordable housing units as an initial step to address the
exploitation of these tenants, and the City is currently working with the Center for Urban and
Regional Affairs and Research in Action on a citywide housing study;
d. TheHowever, in light of the current housing shortage, the reversal of the evictionh.
moratorium, and in response to complaints from tenants of affordable housing units in the
City, the City Council determines it is necessary to expand thosethe initial protections in
order to promote housing stability and protect the health, safety, and welfare of those living
within affordable housing units; and
e.The tenant protections adopted as part of Section 12-912D are intended to be part of thei.
health and safety covenants in Minnesota Statutes, section 504B.161, subdivision 1(a)(4) and
as additional conditions provided for by ordinance as acknowledged in subdivision 4 of the
same statute.
Article II. Brooklyn Center City Code, Section 12-201 is amended by adding the following
definition and renumbering the subsequent definitions as needed:
__.Just Cause – any of the bases listed under Section 12-912D(5) upon which an owner of an
affordable housing building may terminate tenancy.
Article III. Brooklyn Center City Code, Section 12-912D is amended by adding subsections
12-912D(4), 12-912D(5), and 12-912D(6) as follows, and renumbering the subsequent subsections
as needed:
4.Pre-Eviction Filing Notice. Except as provided otherwise in this subsection, an owner of an
affordable housing unit shall provide at least 30 days’ written notice to a tenant prior to filing
an eviction action on the basis of either: (a) an alleged non-payment of rent; or (b) an alleged
material breach of a lease.
Notices for Non-payment of Rent. For an allegation of any non-payment of rent, thea.
notice shall, at a minimum, include the following information:
The name, mailing address, and telephone number of the person authorized to(1)
receive rent and fees on behalf of the owner;
The total amount of money due and owing to the owner by the tenant;(2)
A specific accounting of the money due and owing to the owner by the tenant,(3)
including any past due rents, any late fees, and any other charges; and
2
The deadline by which the total amount due and owing to the owner by the(4)
tenant shall be paid to avoid an eviction action, which shall be no earlier than 30
days from the date on which the notice is delivered.
Notices for Material Breach of a Lease. For an allegation of a material breach of ab.
lease, the notice shall, at a minimum, include the following information:
The name, mailing address, and telephone number of the owner;(1)
A description of the specific conduct that the owner alleges is a violation of the(2)
lease, including the dates of the violations and the persons who committed the
alleged violations;
Identification of the specific clause of the lease alleged to have been violated; (3)
Notification that the tenant has the right to correct the alleged breach; (4)
Notification of how the tenant may correct the alleged breach; (5)
The deadline by which the alleged breach shall be corrected to avoid an eviction(6)
action, which shall be no earlier than 30 days from the date on which the notice is
delivered; and
A copy of the lease attached to the notice.(7)
Exception for Expedited Eviction Actions. For an expedited eviction action filedc.
pursuant to Minnesota Statutes, section 504B.321, subdivision 2, the owner shall
provide the notice required by Section 12-912D(34)(d) at least three days in advance
of filing the eviction action.
Additional Notice Requirements.All notices under this subsection shall also included.
the following information:
Notification that the tenant may be evicted if they do not pay the past due rent or(1)
correct the alleged breach of lease by the deadline, as applicable;
Information about accessing rental assistance by calling 211 or visiting(2)
https://www.211unitedway.org/; and
Information about accessing legal help by visiting the Law Help Website at(3)
https://www.lawhelpmn.org/.
Delivery of Notice. The owner, or an agent for the owner, shall deliver any noticee.
required by this subsection personally or by first-class mail to the address of the
affordable housing unit. Such notice may, in addition to but not in place of personal
3
delivery or delivery by first-class mail, be delivered to any email or other electronic
means to the tenant at the tenant’s email address or electronic account.
Enforcement. In addition to any other remedy available at equity or law, failure tof.
comply with the provisions of this subsection may result in adverse rental license
actions, the imposition of administrative fines, or other penalties as provided in law.
Waiver Not Allowed. The parties to a written or oral lease of an affordable housingg.
unit shall not waive or modify the requirements imposed by this subsection. Any
such waiver provision that may exist in a lease is not enforceable.
5.Just Cause Notice of Nonrenewal of Lease to Tenants.
Just Cause Notice. An owner of an affordable housing unit shall not issue a notice ofa.
nonrenewal of tenancy, refuse to renew, or issue a notice to quit unless the owner is able
to establish one or more of the following grounds for such action:
Non-payment of Rent. The tenant fails to pay all monies owed to an owner after(1)
receiving a written notice of non-payment from the owner;
Material Non-Compliance. The tenant fails to cure a material breach of the lease after(2)
receiving a written notice from the owner;
Refusal to Renew. The tenant refuses to renew or extend the lease after the owner(3)
requests in writing that the tenant do so;
Occupancy by Property Owner or Family Member. The owner, in good faith, seeks to(4)
recover possession of the unit so that the owner or a family member may occupy the
unit as that person’s principal residence;
Building Demolishment or Conversion. The owner either:(5)
Elects to demolish the building in which the affordable housing unit is located,(i)
convert it to a cooperative, provided the owner complies with the provisions of
Minnesota Statutes, chapter 515B, or convert it to non-residential use, provided
that the owner shall obtain all permits necessary to demolish or change the use
before terminating any tenancy;
The owner seeks, in good faith, to recover the unit to sell it in accordance with a(ii)
condominium conversion, provided the owner complies with the provisions of
Minnesota Statutes, chapter 515B; or
The unit is being converted to a unit subsidized under a local, state, or federal(iii)
housing program and the tenant does not qualify to rent the unit under that
program;
4
Rehabilitation and Renovation. The owner seeks, in good faith, to recover possession(6)
of the unit that will render the unit uninhabitable for the duration of rehabilitation or
renovation;
Complying with a Government Order to Vacate. The owner is complying with a(7)
government agency’s order to vacate, order to abate, or any other order that necessitates
the vacating of the unit as a result of a violation of City Code or any other provision of
law including, but not limited to, Section 12-911 related to conduct, disorderly
activities, or nuisances; or
Occupancy Conditioned on Employment. The tenant’s occupancy is conditioned upon(8)
employment on the property and the employment relationship is terminated.
Owner Responsibilities. Any lease for an affordable housing unit shall include justb.
cause notice language as follows:
“The landlord under this lease shall not unilaterally terminate or attempt to terminate
the tenancy of any tenant unless the landlord can prove that just cause exists. The
reasons for termination or nonrenewal of tenancy listed in the City of Brooklyn
Center’s Just Cause Notice (Section 12-912D(5)), and no others, shall constitute just
cause under this provision.”
Nonrenewal Notice Requirements. An owner providing a notice of nonrenewal of ac.
tenancy to a tenant of an affordable housing unit shall: (1) comply with all notice
requirements under the lease and applicable law;and (2)include in such notice a
written statement of the reasons for the nonrenewal and the facts in support of those
reasons, and (3) maintain documentation totaling the number of notices of nonrenewal
issued by the owner.
City Right to Inspection of Nonrenewal Notices. Within ten days of any request byd.
the City, the owner of an affordable housing building shall provide to the City copies
of its documentation totaling the number of notices of nonrenewal issued by the
owner.
d.Application. This Section applies to every lease, written or oral, for an affordablee.
housing unit.
e.Waiver Not Allowed. The parties to a written or oral lease of an affordable housingf.
unit shall not waive or modify the requirements imposed by this subsection. Any
such waiver provision that may exist in a lease is not enforceable.
6.Private Enforcement of Tenant Protection Ordinance.Any tenant or former tenant of an
affordable housing unit harmed by an owner’s violation of this Section 12-912D may bring
an action against the owner in district court. Such person shall be entitled to all remedies
available at law or in equity including, but not limited to, damages and injunctive relief.
5
Any plaintiff that prevails in such action may be awarded reasonable attorney’s fees and
expenses.
Article IV.Brooklyn Center City Code, Section 12-1401 is amended by adding the
double-underlined language and deleting the stricken language as follows:
Section 12-1401. SEPARABILITY. Every Section, provision, or part of this Ordinance
Chapter is declared separable from every other Section, provision, or part to the extent that if any
Section, provision or part of the Chapter shall be held invalid, it shall not invalidate any other
Section, provision or part thereof.
Article V.Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Article VI.Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this 1328th day of DecemberFebruary, 20212022.
_______________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
6
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Page 1
MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE
CITY OF BROOKLYN CENTER IN THE
COUNTY OF HENNEPIN AND STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 19, 2021
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:00
p.m. The meeting was conducted virtually.
MEETING ATTENDEES
Chair Mark Goodell
Commissioner Paul Oman
Commissioner Michael Donnelly
Commissioner Zarita Hester
Commissioner Johnson Yang
City Staff present: Staff Liaison Jesse Anderson, Community Development Director Meg
Beekman, City Attorney Sam Ketchum, Planning Staff Olivia Boerschinger, and City Council
Liaison Kris Lawrence-Anderson.
Also present: Anab; Agnes; Leah DeGrazia; Lana Hamilton; Victoria Karmo; Madeleine Lerner,
ACER; Fadumo Mohamed; Lovetee Polahn; Eric Hauge, HOME Line; Samuel Spaid, HOME
Line; Tally; Shana Tomenes; Marie Vincent.
APPROVAL OF AGENDA
There was a motion by Commissioner Oman and seconded by Commissioner Donnelly to approve
the agenda as submitted. The motion passed.
APPROVAL OF MINUTES
There was a motion by Commissioner Oman and seconded by Commissioner Donnelly to approve
the minutes of the Housing Commission meeting on August 18, 2021. The motion passed.
TENANT PROTECTION ORDINANCE DISCUSSION AND DRAFT ORDINANCE REVIEW
Staff Liaison Jesse Anderson gave an overview of the proposed tenant protection Ordinance He
added the City Council has held multiple work sessions regarding housing programs, and the City
is currently undergoing a City-wide housing study, which will provide recommendations for City
housing policies, housing priorities, and a housing action plan.
Mr. Anderson stated there is urgency related to this issue created by the phasing out of the eviction
moratorium as well as low vacancy rates. The proposed Ordinance addresses evictions, requiring
a 30-day written notice as well as preventing landlords or property owners from not renewing an
existing tenant lease without cause. He added some just cause reasons for non-renewal, as listed
in the proposed Ordinance, are non-payment of rent; material non-compliance; refusal to renew;
Page 2
conversion, demolition, rehab or renovation; compliance with a government order; or occupancy
conditional upon employment. He noted the Ordinance also addresses evictions and non-renewal
and provides support for tenants who have just cause to bring action against landlords.
Mr. Anderson stated City Staff received feedback and recommendations from ACER, HOME Line
and the Housing Justice Center to expedite the proposed Ordinance due to urgency related to
evictions and non-renewals. He added representatives of community organizations have joined
tonight’s meeting. He noted the proposed Ordinance will likely have its first reading at the
November 8, 2021 City Council meeting, and second reading and public hearing scheduled for the
City Council’s December 13, 2021 meeting, with the Ordinance going into effect in January 2022.
Chair Goodell requested feedback and comments from the Housing Commissioners and guests.
Commissioner Oman requested clarification regarding the timing of the Ordinance and actions that
can be brought against landlords for something that has already happened. Mr. Anderson stated
the Ordinance would go into effect in January 2022, so any violations could not have happened
before that.
City Attorney Sam Ketchum agreed with Mr. Anderson's assessment. He added the enforcement
provisions would apply to evictions after the Ordinance goes into effect.
A resident requested clarification regarding what control renters have with regard to friendly rental
agreements. Chair Goodell stated he believes there has been some investigation into concerns
about rental agreements, in terms of changes to a renewal or other limitations.
Mr. Anderson stated the proposed Ordinance amendment relates to non-renewals and evictions.
He added there are some areas of the Ordinance that have not been brought forward yet, that could
provide limitations on changes to lease agreements, which may be discussed under a future
Ordinance amendment.
The resident stated he has been living at Georgetown for 11 years, and management does whatever
they want, and imposes restrictions. He added he got a letter that they will not renew his lease and
put him on a month-to-month lease. He added he is concerned and hopes the Commission can
make some changes. He asked whether the Commission could go into people’s homes and find
out how they live and how they are being treated.
Chair Goodell thanked the resident for his comments. He added the Commission is interested in
hearing about the issue of lease agreements, although tonight’s amendment relates to evictions and
non-renewals. He added City Staff is researching these other important issues, and he appreciates
the resident bringing his concerns to the Housing Commission’s attention.
A resident, Tally, stated retaliation by landlords at Georgetown is not fair to tenants, and they are
not allowed to have visitors. She added they are not being treated as though Georgetown is their
home. She noted they have been towing cars and not giving any information about restrictions or
when they can park their cars.
Page 3
Another resident agreed, stating people do not speak up because they are afraid that they will get
an eviction notice. She added she was given an eviction notice because she did not apply for rental
assistance. She noted she told them her application was pending.
Tally stated it is not fair to Georgetown residents. She said the landlord does not fix anything, but
no one asks questions or asks for help. She added they are taking cars.
Lovetee stated she has been a Georgetown tenant for 2-3 years. She added she is concerned about
tenant protections. She asked what it will protect. She noted she has 6 living children, and the
Ordinance cannot protect her from being evicted. She added her lease has not been renewed for
no reason, and the landlord gave her 3 months to find a new home.
Lovetee stated she went to the office to ask about why her lease cannot be renewed, and she was
told she could not enter the office and she was not welcome. She added she is a tenant, and they
have no reason for not renewing her lease. She noted this is an emergency and she asked the City
for help. She noted the Ordinance needs to be passed now so their leases can be renewed.
Lovetee tasked whether something can be added to the Ordinance about lease renewal. She added
the only reason a lease should not be renewed is if a tenant does something crazy. She noted
landlords should not be able to renew leases without a reason.
Chair Goodell stated there are some serious issues with renewal of leases and evictions, and it is
his understanding that this Ordinance amendment will address both lease renewals and evictions.
He added the Ordinance would put restrictions on evictions and eviction notices, and a limit list of
reasons why a lease cannot be renewed. He noted the Ordinance will directly affect the residents’
situations when it is passed.
Chair Goodell stated the Housing Commission will not be passing the Ordinance, but rather
making a recommendation to the City Council. He added the Commission is a board of volunteer
citizens, and their job is to provide feedback and recommendations to the City Council. He noted
he truly appreciates everyone’s comments and feedback.
Sam Spaid, staff attorney for HOME Line, stated his organization supports the proposed
Ordinance. HOME Line is a state-wide nonprofit organization providing free, confidential legal
advice to residential tenants in Minnesota. He added the personal statements that are being
expressed tonight are the same things that HOME Line staff hear on a daily basis from tenants in
Minnesota. He noted the proposed Ordinance will address many of these issues –preventing non-
renewal without causeand giving tenants time to solve the problem when there are eviction threats,
and to seek legal advice to protect their interests.
Mr. Spaid stated there are tenant protections under State law, but they fall short of providing
solutions and do not help tenants as much as they should. He added tenant protections are
extremely important especially now that Covid restrictions are being lifted.
Madeleine Lerner, Organizing Manager at ACER, thanked the Housing Commission for the
opportunity to address this issue. She added the proposed Ordinance is a critical first step in
Page 4
instituting more comprehensive tenant protections in the City of Brooklyn Center. She noted
ACER staff continuously hears these same stories about evictions without notice, no direct contact
from landlords, and insufficient notice period for eviction or non-renewal.
Commissioner Zarita Hester stated she fully supports the Ordinance as there should be protection
for renters, because there is protection for landlords. She asked whether the Ordinance addresses
non-renewal of a lease if the property changes hands. She asked whether the Ordinance addresses
leases that are reduced to month-to-month leases.
Mr. Anderson stated there is an existing Ordinance on the books adopted 2 years ago that has a
notification requirement of 120 days before the landlord can make any changes to a lease.
Mr. Anderson stated the issue of month-to-month leases is not addressed and could be reviewed
in a different revision of this Ordinance, and a future policy change.
A resident asked whether there must be a specific cause for a landlord to change to a month-to-
month lease. He added landlords are using month-to-month leases as a form of retaliation.
Mr. Anderson stated just cause for non-renewals is included as a requirement in the Ordinance.
The proposed Ordinance will make it more enforceable.
Marie Vincent stated she has lived in Georgetown for 2 years. The lease renewal and eviction
issues are very serious, and reasons for eviction should be revealed to the tenant. One neighbor
stated that she could not go to the office and speak her mind because she was afraid of being
evicted. Brooklyn Center should be a free place for people to live and speak their minds, but they
are not able to do so at Georgetown. She asked for the Commission’s help with these issues.
Chair Goodell stated the proposed Ordinance includes a limited list of items that could be a reason
for eviction or non-renewal of lease, but notice needs to be given to the resident, and there must
be facts to support it.
Tally asked if the agreement could include information about when cars are going to be towed in
Georgetown. She asked whether the City has anything in place for people with a low credit score
to help them get a home,so they don’t have to go through this anymore.
Chair Goodell stated he is unsure about the towing regulations at Georgetown. He added the
proposed Ordinance being reviewed tonight does not address towing in particular.
Mr. Anderson agreed, adding further discussions can be initiated with the City Attorney for this
issue under future Ordinances, regarding regulations and enforcement.
Mr. Anderson stated the City of Brooklyn Center has a down payment assistance program that
provides up to $10,000 assistance for current Brooklyn Center renters who want to buy a home in
Brooklyn Center.
Chair Goodell agreed to post a link for the down payment assistance program in the chat function.
Page 5
A resident asked what the Commission is doing to support townhomes and rental complexes as
homes that people live in. He added people should not have their cars towed. He asked whether
the Commission plans to do something to see how people are living.
Chair Goodell stated he understands the resident is interested in having the Commission or City
do a survey of rental properties to find out what conditions tenants are living in, and what their
lives are like. He added there are concerns about towing. He noted the proposed Ordinance is
related to evictions and just causes for lease changes, but there are many other areas that the City
is looking at and these items can be included.
Chair Goodell stated the Housing Commission is a volunteer board that makes recommendations
to the City Council, with input from City Staff. He added the City will continue to look into these
issues and he appreciates everyone sharing their stories and concerns.
Eric Hauge, HOME Line, stated his organization has provided suggestions and recommendations
regarding policies for immediate response to the end of the eviction moratorium. He added his
organization hears about these kinds of issues regularly, and there has been inadequate response
from the State legislature to address tenant and landlord issues. He noted HOME Line is
committed to working with the City of Brooklyn Center to address these issues, recognizing that
the majority of tenant/landlord law is at the State level, but cities like Brooklyn Center are taking
important roles in regulating the businesses that operate in their City.
Community Development Director Meg Beekman stated the City began a Housing Study in
January 2021. An Advisory Council was formed, and the City contracted with CURA and
Research in Action to provide quantitative and qualitative analysis regarding housing stock and
housing gaps. The Advisory Council, made up of residents, will provide recommendations
focused on housing needs in the community, including anti-displacement and tenant protections,
as well as housing choice and diversity. The recommendations of the Advisory Council are
expected to be received by the City Council early in 2022. These recommendations will form the
basis of City-wide Housing Policy Action Plan.
Ms. Beekman stated tenant protection issues are important and extremely urgent, and some
housing topics have been tabled until the Housing Study is completed, to form recommendations
and implement solutions, so tenant protections can move forward more rapidly. She added City
Staff have met with tenants of Georgetown multiple times, as well as ACER and HOME Line, to
identify a broad collection of regulations pertaining to tenant protections, and to address concerns
that have been voiced this evening, including repairs and maintenance, towing policies, and safety
and security.
Ms. Beekman stated, as part of this review, the City has looked at how other cities, particularly St.
Paul, have addressed these issues. The City of St. Paul adopted a broad tenant protection
Ordinance last year, which covers many of the provisions proposed in the draft Ordinance,
including non-renewal without just cause. St. Paul was promptly faced with a lawsuit brought by
landlords, and the city rescinded the Ordinance due to an injunction. This situation has been part
of the City of Brooklyn Center’s consideration and discussions, and the provisions addressed in
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the proposed Ordinance that is being reviewed tonight address urgent anti-placement concerns
driven by the ending of the eviction moratorium.
Ms. Beekman stated there will be many more discussions, and City Staff will continue to work
with residents and community organizations. She added she wants to underscore that the City
Council takes these issues very seriously and they have directed City Staff to focus on actively
pursuing solutions.
Chair Goodell stated, to underscore the urgency of the situation, the eviction moratorium ended on
October 12, 2021.
Sam Spaid, HOME Line, stated most protections ended October 12, but there is still protection for
tenants who are behind on rent but have already applied for financial assistance through Rent Help.
He added protection for tenants with pending applications is extended through June 2022.
Meg Beekman stated these issues are not unique to Brooklyn Center. She added it has been a
failing of the State legislature to leave cities to deal with these concerns. She noted no other cities
have adopted a non-renewal without just cause Ordinance, and this is new territory, so the City
wanted to be fairly cautious about how it is brought forward to address concerns within the
authority of the City.
Mr. Hauge stressed the importance of understanding that there is nothing that automatically stops
an eviction from happening, which is why this Ordinance is so critically important. He added
housing instability can happen even when there are protections in place. He expressed his
agreement with Ms. Beekman that this is a unique and important protection that no other city in
Minnesota has ever done and that the State of Minnesota has not provided support in these areas.
Chair Goodell requested feedback from the Commissioners.
Lovetee asked how strong the Commission is in its relationship with the City. She added the
Commissioners have said they are a group of volunteers. She asked how much influence the
Commission has over the City. She asked whether the City could have a meeting with landlords
and tenants, to create a safe environment for renters and keep people safe in their homes. She
added she wants the City to create an atmosphere in which landlords and tenants can be friendly
and cooperative, so that non-renewals and evictions will stop. She noted she has lived in Brooklyn
Park and Crystal where meetings were held with landlords to evaluate leases.
Chair Goodell stated the Housing Commission is an advisory body comprised of citizens of
Brooklyn Center, whose job it is to review issues related to housing and provide recommendations
to the City Council. He added the Commission will provide a recommendation to the City Council
regarding this Ordinance, and that will be part of their consideration, but the Commission does not
pass Ordinances. He noted there have been questions in the past about improving relationships
between landlords and tenants.
Ms. Beekman stated the State law related to landlord/tenant relations is vague and untested, and
what cities can and cannot do has not been addressed in State statute. She added some cities are
Page 7
considering measures, including Minneapolis, which is looking into a Charter amendment via
referendum that would circumvent State statute with regard to addressing these issues. She noted
it is difficult to regulate mutual respect and common decency in landlord/tenant interactions,
especially when there are underlying factors, although many landlords and property owners have
positive relationships with their tenants.
Ms. Beekman stated City Staff is exploring ways to clarify expectations for how residents should
be treated, and what regulations are within the City’s authority to impose. She added the City does
not regulate private contracts but has some leverage with rental housing licensing. She noted Type
3 and Type 4 rental license properties are required to enter into a mitigation plan, which includes
demonstrating communication with tenants.
Commissioner Oman stated the Ordinance should be passed as soon as possible, as it is well-
written and concise, and addresses concerns raised by the community.
There was a motion by Commissioner Oman and seconded by Commissioner Hester to recommend
City Council approval of the Tenant Protection Ordinance. The motion passed.
Chair Goodell stated he supports expediting this Ordinance as much as possible.
Commissioner Donnelly asked whether the lawsuit regarding the St. Paul Ordinance affects this
Ordinance in any way, and whether the City should be concerned about lawsuits.
Ms. Beekman stated the City Attorney’s office drafted the proposed Ordinance and followed the
proceedings in St. Paul very closely, although no decisions were made in that case.
Mr. Spaid stated the proposed Ordinance is quite different from St. Paul’s Ordinance, as it focuses
on two items –notice for non-renewal and evictions. He added there is always a risk for a lawsuit
in this arena, but this Ordinance is taking a more targeted approach toward anti-displacement.
Chair Goodell thanked everyone for their input, and for sharing their stories and concerns. He
added it has been very moving and he appreciates all the comments. He noted the issue of tenant
rights and protections is of primary concern to the City Council and Commissions, and there will
be many more discussions on this issue.
A resident thanked the Housing Commission for listening to them and expressed her appreciation
for everything the City is trying to do for them.
Another resident thanked the Housing Commission for listening. She added she is overwhelmed
and hopeful that things will work out. She added the Commission and City Staff explained things
well, and she hopes that the City will move as fast as possible so change can come, and they can
be happy in their homes.
Lovetee requested a recap of the timetable for the Ordinance. Mr. Anderson stated the first reading
of the proposed Ordinance will be at the City Council’s November 8, 2021 meeting, at which they
will call for a second reading and public hearing, to be held at the City Council’s December 13,
Page 8
2021 meeting. He noted the earliest the proposed Ordinance would go into effect would be mid-
January 2022.
NEW NEIGHBOR WELCOME PROGRAM
Chair Goodell stated there have been two deliveries of New Neighbor welcome bags since the
Housing Commission’s last meeting, and they covered approximately 100 homes. He added there
are 139 homes left on the list, and he would like to suggest a few weekend dates for deliveries. He
noted, after the last meeting, he sent out a poll with potential dates, and he can do that again. The
Commissioners agreed.
City Council Liaison Kris Lawrence-Anderson requested that she be added to the email
distribution list. Chair Goodell agreed.
Chair Goodell thanked Commissioners Oman and Yang for delivering bags with him last time. He
thanked Mr. Anderson for putting the welcome bags together.
COUNCIL LIAISON REPORT
City Council Liaison Lawrence-Anderson stated City Staff are updating the City calendar with
links to Commission meetings. She requested that the Housing Commission meeting information
be sent to City Clerk Barb Suciu to be added to the calendar. She added she would like to receive
links to the Charter Commission meetings as well.
City Council Liaison Lawrence-Anderson stated the City Council will be finalizing 2022 budgets
at their first meeting in December.
City Council Liaison Lawrence-Anderson stated the City is working to secure the safety of
residents and City Staff in preparation for the trial of Kim Potter which starts on November 30,
2021.
City Council Liaison Lawrence-Anderson stated she hopes to request a City Council review of the
issue of solicitor’s licenses in terms of predatory practices. She added this could be related to
tenant protections.
Chair Goodell asked whether there has been any movement from the City Council on Commission
re-appointments. He stated he received Commissioner Amdahl’s resignation recently, so there
will be another opening. He added Commissioner Amdahl has been on the Housing Commission
since 2008.
City Council Liaison Lawrence-Anderson stated that is very sad, and she will reach out to
Commissioner Amdahl.
City Council Liaison Lawrence-Anderson stated the City Council reviewed several applications at
our their meeting, and additional appointments will be reviewed at the next meeting in November.
Page 9
Chair Goodell asked whether that will include re-appointments for Commissioners whose terms
have expired. City Council Liaison Lawrence-Anderson confirmed this.
CHAIRPERSONS REPORT
Chair Goodell expressed his appreciation to the Commissioners at tonight’s meeting. He thanked
City Staff for their hard work on the proposed Ordinance.
OTHER BUSINESS
There was no other business addressed by the Commission.
ADJOURNMENT
There was a motion by Commissioner Oman and seconded by Commissioner Yang to adjourn the
meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 8:41 p.m.
__________________________________
Chair Goodell
2/15/22 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE
CITY OF BROOKLYN CENTER IN THE
COUNTY OF HENNEPIN AND STATE OF MINNESOTA
REGULAR SESSION
FEBRUARY 15, 2022
CALL TO ORDER
The Brooklyn Center Housing Commission was called to order by Chairperson Goodell at 7:00
p.m. The meeting was conducted virtually.
MEETING ATTENDEES
Chair Mark Goodell
Commissioner DeɉJaɉCarter
Commissioner Michael Donnelly
Commissioner Zarita Hester
Commissioner Paul Oman
City Staff present: Staff Liaison Jesse Anderson, and City Council Liaison Kris Lawrence-
Anderson.
Also present: Adam; Alexander Koenig; Marty McDonough, MHA; Fadumo Mohamed, ACER;
Lovetee Polahn.
APPROVAL OF AGENDA
There was a motion by Commissioner Oman and seconded by Commissioner Carter to approve
the agenda as submitted. The motion passed.
APPROVAL OF MINUTES
There was a motion by Commissioner Oman and seconded by Commissioner Hester to approve
the minutes of the Housing Commission meeting on January 18, 2022. The motion passed.
VICE CHAIR ELECTION
Chair Goodell explained they did not have full attendance at the least meeting, so it was decided
to move the election to the February meeting. He noted the role of the Vice Chair is to run the
meeting in the case the Chair is unavailable. He added people can nominate themselves or
nominate another member of the Commission. Hearing no nominations, Chair Goodell stated the
position would remain open for the time being.
UPDATE ON TENANT PROTECTION ORDINANCE PROGRESS
Staff Liaison Jesse Anderson explained the Tenant Protection Ordinance has been presented to the
Council a few times. He noted the Ordinance was presented to the Commission and there was a
first reading of the Ordinance in November 2021. The City Council met on December 13, 2021,
and held the public hearing on this item. There was a lot of public comment at the hearing. After
2/15/22 -2- DRAFT
the public hearing and Council discussion, the vote on the second reading of the ordinance was
delayed until January 24, 2022.
Mr. Anderson stated based on direction from the City Council in response to the public hearing,
Staff held two meetings with landlords to discuss the proposed ordinance. Then based on the
feedback received, and in discussions with both landlords and housing advocates, staff made three
modifications to the proposed ordinance. The Council met on February 14, 2022 and requested
additional feedback from the Housing Commission.
Mr. Anderson stated there were three changes suggested and presented to the Council on February
14. First, there was an addition of a provision that would require property managers to track and
report to the city any non-renewals of leases, and the reason for the action.
Mr. Anderson stated the second change was to reduce the eviction notification period from 30 days
to 14 days. The change would match Minneapolis' ordinance and would keep any actions to within
a single rent cycle, which was the request of the landlords.
Mr. Anderson added the last change to the Ordinance was to add a provision which would allow
landlords the option of either following the non-renewal without just cause requirements in the
ordinance or providing a 90-day lease termination notice without needing to give a reason. This
would provide options to deal with the examples that property managers raised at the public
hearing, but would still allow for a greater notice to renters than the existing 30-day notice period.
Mr. Anderson noted there was an added separability and sever ability statement, which makes the
Ordinance stronger legally.
Mr. Anderson stated the first version has a 30-day eviction notice and only just cause non-renewal.
The second version, which was the most recent version proposed to the Council, includes a 14-day
eviction notice and just case non-renewal or a 90-day notice for non-renewal.
Commissioner Hester asked if the 14-day notice would happen after the grace period landlords
tend to give. Mr. Anderson stated the notice depends on the lease. They cannot provide notice of
eviction if the tenant is not in violation of the lease. He added if the tenant wanted to avoid an
eviction being filed on their record, they would have to leave within 14 days. However, if they
went through eviction court, they could continue to live there through the court process.
Commissioner Hester stated she has a concern with landlords who give people a grace period for
late rent or for people that have to pay in increments. The Ordinance could change the landlord’s
flexibility. She added there have been concerns brought by the public that the Ordinance could
cause a long-term impact of increasing the rent.
Mr. Anderson stated a landlord could file the notice, be it a 14-day or 30-day notice, but they
would not be required to file the eviction paperwork just because they provided the tenant with
notice. He added landlords have mentioned they would be less flexible with the proposed eviction
notice period.
2/15/22 -3- DRAFT
Commissioner Donnelly asked when an eviction goes on someone’s record. If someone is only
14 days late on rent and receives an eviction on their record, it makes it more difficult for them to
obtain housing later on. Mr. Anderson stated the effect of an eviction record depends on the type
of application they are using. He added the eviction record would make it more difficult for the
person to find housing. Commissioner Donnelly explained he doesn’t agree with the 14-day
eviction notice as that would negatively impact the renter later on.
Chair Goodell stated one of the comments was that 30 days of notice is extreme. He asked what
other communities have for eviction notice. Mr. Anderson stated St. Louis Park has a 7-day notice
and Minneapolis has a 14-day notice for evictions. No other cities in the State have an eviction
notice period. He added Community Development Director Meg Beekman mentioned pending
legislation that would require a 14-day notice, but that is early on.
Commissioner Donnelly asked if there is any information about the differing effects on tenants
between the 7-day notice in St. Louis Park and the 14-day notice in Minneapolis. Mr. Anderson
stated a Councilmember asked for Staff to reach out to Minneapolis for information on the
question, but housing advocacy groups would have better information on that as they are the ones
working directly with renters.
Commissioner Hester noted her agreement with the 30-day filing notice component because
evictions can be difficult to get expunged or wait for the eviction to leave their record after seven
years.
Chair Goodell asked the Commission if they were open to hearing feedback from guests.
Commissioner Donnelly stated he would like to hear from guests. There were no objections from
Council.
Fadumo Mohamed, Housing Organizer with African Career and Education Resource (ACER),
explained ACER is a housing advocacy group based in the north suburbs. She asked if they could
do a round of introductions to get to know one another better.
Ms. Mohamed stated ACER worked with a Brooklyn Center tenant in 2021 who had an eviction
filed against even though she didn’t know what she was doing wrong. The idea of the notice period
is to give tenants time to fix the issue. If they are unable to fix the issue, a tenant would need to
work with an attorney. Landlords have attorneys on retainer, but tenants would need to find an
attorney. The Ordinance is meant to protect low income folks, and there are limited housing
attorney resources available. Housing advocacy organizations take several weeks for the intake
process and being assigned to an attorney. Tenants must also take time off work to attend eviction
court hearings. Ms. Mohamed explained the 30-day notice would allow for the tenant to obtain
resources to fight the eviction.
Lovetee Polahn explained she is an organizer with Georgetown Apartments. She stated landlords
are not doing maintenance work such as carpet. Tenants agree to pay rent if the facilities are being
taken care of. Landlords are not doing their part.
2/15/22 -4- DRAFT
Chair Goodell asked Mr. Anderson what action tenants can take if landlords are not maintaining
their facilities. Mr. Anderson stated the City has a Code they enforce for rental properties. Carpet
issues can be addressed through Code enforcement only if the carpet is a tripping hazard. He
added City Staff have conversed with landlords regarding low interest loans to dedicate affordable
units in a property.
Chair Goodell stated renters can contact the City if they have concerns. City Council Liaison
Lawrence-Anderson put a phone number into the chat feature for the City.
Chair Goodell asked how long it takes for the City to respond to reports. Mr. Anderson stated they
can have inspectors at a property within a day or two. If an inspector finds a violation, they would
notify the landlord of the changes that need to be made. If the landlord does not address the
changes, then the City would cite the landlord. Mr. Anderson noted it usually does not get to the
point of citation. He added rental properties are inspected before licensing.
Chair Goodell added some tenants have expressed concerns about retaliation through non-
renewals. Mr. Anderson stated landlords have noted there are anti-retaliation policies in place that
prohibit them from non-renewals as a form of retaliation. However, landlords currently don’t need
to provide a reason for non-renewal. Therefore, the landlords are not retaliating in the eyes of the
law.
Ms. Mohamed stated the tenants she work with support the first draft of the Ordinance with the
30-day notice and just cause for non-renewals. It is easy for landlords to hide behind non-renewals
currently. If landlords have concrete evidence for wrongdoing, then they go the route of eviction.
Chair Goodell stated landlords have commented the just cause non-renewal requirement would
prevent them from getting rid of bad tenants. He asked if anyone on the call has had the experience
of a tenant moving out due to bad neighbors.
Commissioner Hester stated she works in housing. She has not worked with tenants that have
moved due to bad neighbors, but she has worked with landlords that have to file a lot of paperwork
due to the population. There is an addendum to leases that require no drugs or criminal activity in
rental units. Commissioner Hester stated if landlords are concerned about removing problematic
tenants, then they could add an addendum for tenants to sign.
Commissioner Hester noted one landlord stated people have moved out of their properties because
of one nuisance neighbor. Being an annoying neighbor is not a viable excuse to push back on the
Ordinance so much.
Mr. Anderson stated one landlord gave an example of a tenant smoking marijuana. A neighbor
moved out due to the smell, but the landlord was unable to remove the tenant who may have been
smoking marijuana.
Commissioner Hester explained someone could be using marijuana for medical practices and
removing someone for medical marijuana use would be discriminatory. Landlords are just trying
2/15/22 -5- DRAFT
to keep loopholes in place to benefit themselves. Renters are able to move if they do not like who
they live next to.
Commissioner Donnelly stated he did a quick google search, and an eviction notification would
not count against a renter in the future.
City Council Liaison Lawrence-Anderson stated the Council had a very lengthy discussion and
she wanted the item to go to the Housing Commission for review. She stated they need buy-in
from landlords and from tenants, so they need to compromise to create an Ordinance that almost
everyone can agree on.
City Council Liaison Lawrence-Anderson noted she is worried about the unintended consequences
and long-term effects of the Ordinance. They want to make sure they have a livable City while
maintaining housing stock. St. Paul was sued for their ordinance, but the Brooklyn Center City
Attorney has worked to remedy some of the issues St. Paul had in their ordinance. If there isn’t a
compromise, the Ordinance will go to court. No one wants an eviction to happen.
City Council Liaison Lawrence-Anderson stated that non-renewal is the only option for landlords
besides evictions. The second draft of the Ordinance would allow landlords to have the option of
90-day lease termination notice without needing to give a reason or to do a just cause non-renewal.
The 14-day notice in question is not a 14-day notice for the person to move out.
City Council Liaison Lawrence-Anderson stated she would have liked all parties to be present at
the November 2021 meeting, similar to the meeting held in January 2022 because the meeting was
very informative. She noted the area of just cause notification is where people are hung up, but
the Council wants the best outcome for everyone.
City Council Liaison Lawrence-Anderson added she is concerned the proposed Ordinance will not
address the concerns expressed by the tenants. They need to consider what the City can and cannot
do and make sure the City doesn’t take over the role of landlord.
Ms. Polahn stated they staged a protest last year. The tenants had their cars broken into, and they
requested security cameras from the landlord. Right after the protest, two tenants were evicted.
She explained she has always paid her rent on time, but she is still facing retaliation. She asked
how landlords can distinguish between problematic and non-problematic tenants.
Chair Goodell clarified the first Ordinance requires a just cause for non-renewal, while the second
Ordinance allows for a just cause non-renewal or for a 90-day eviction notification. Therefore,
attending a protest would not be a reason for a just cause. Ms. Polahn thanked Chair Goodell for
the clarification.
Ms. Mohamed stated housing advocates are working to balance power. The fair thing to do would
be to give renters protection. Home is more than four walls; it is where people do life. Some
people view rentals as a way to make money while others view it as a foundation of their lives.
2/15/22 -6- DRAFT
Ms. Mohamed added landlords are business owners. It is their job to attend meetings relevant to
conducting their business. It is not fair to punish renters because landlords fail to attend meetings.
It is not the role of the Council to ensure landlords attend certain meetings.
Ms. Mohamed stated there are low vacancy rates, and it will take several years for the vacancy
rates to level out. Housing instability leads to community instability. The entire community has
a stake in the matter.
Marty McDonough introduced himself as Director of Government Affairs for the Minnesota Multi
Housing Association (MHA). He stated the Council meeting happened just last night, so Ms.
Mohamed was not being fair to landlords with her comments. He added the item was on the
Council’s agenda before landlords knew it was happening, so advocacy groups are behind when
they are forced to respond to an ordinance.
Mr. McDonough explained MHA has been trying to work with the Council. In short, a lease is a
legal document. Tenants know the rules of the lease when they sign a lease. Currently, if a renter
is late on their rent, the landlord reaches out on the third day or so to check in. After a couple of
weeks of non-payment, the landlord will check in again. Forcing a 14-day or 30-day eviction
notice period will push landlords to require the rent is due on the first day of the month and not
have as much flexibility. From there, the landlord is in the position to file the 14-day or 30-day
notice on the second day of the month. Filing the notification will create unnecessary stress in
landlord to tenant relationships. Mr. McDonough stated it should be no surprise to tenants for
being evicted for not paying their rent.
Mr. McDonough added the current law states that non-renewal is the same time period for the
tenant and the landlord. A landlord has to give 60 or 30 days’ notice if they are not going to renew
the lease. A tenant has the same requirement if they are not going to renew the lease. It has been
that way for a long time. There are times when a tenant may not be a good match for the property
and may be receiving complaints from neighbors. Good neighbors are the ones that would have
to suffer the effects of the bad neighbors.
Mr. McDonough stated he believes they should start the process over. At the Council meeting, it
appeared the Mayor and Councilmembers disliked both drafts of the Ordinance. The stakeholders
should all get together to create something more people support.
Chair Goodell added they had a discussion on the matter back in November and had community
comment at the Housing Commission meeting at that time, so it is not a new topic for the Housing
Commission to address.
Commissioner Hester thanked Mr. McDonough for his comments. If the Ordinance goes into
effect and the landlords change their practices, it is their choice. Landlords can continue to
function the same way. The Ordinance is a protection for renters with landlords who do not do
their jobs. There are plenty of landlords doing their jobs. The Ordinance gives a baseline for new
landlords on how to function as a good landlord.
2/15/22 -7- DRAFT
Commissioner Hester stated a renter is still a tenant until they move out. The should still be treated
with respect by all parties while they remain a tenant. She explained she is pro-tenant, but that
does not mean she is anti-landlord. She added giving landlords the wiggle room to choose the
option of a 90-day eviction notice without cause does not hold landlords accountable.
Mr. McDonough stated a 90-day non-renewal notice would be the last 90 days of the lease. A
non-renewal only occurs at the end of a leasing period, and it is a business decision. The notice
periods would cause the landlords to be out of even more rent money, which may be required for
the landlords to afford mortgages.
Commissioner Hester stated there may need to be another conversation about ways to help cover
the expense of the landlords if they do not receive the money owed to them. Mr. McDonough
noted his agreement with Commissioner Hester’s comment.
Ms. Mohamed stated City Council Liaison Lawrence-Anderson’s comments about not swaying
too far one way or another comes with the assumption that there is currently a fair balance. There
is a power imbalance, and tenants have very little if any negotiating power with the current market.
The Ordinance allows for landlords to remove bad tenants within the confines of the law.
Commissioner Donnelly stated he would like more information on what reasons for just cause
could be. He added even 90 days may not be enough time for a tenant to find another affordable
housing unit. He asked for response on each of his comments.
Mr. Anderson showed a slide with a list of just cause reasons. The reasons include non-payment
of rent, material non-compliance, tenant non-renewal, occupancy by property owner of family
member, building demolishing or conversion, rehabilitation or renovation, completing with a
government order to vacate, and occupancy conditioned on employment.
Commissioner Donnelly asked for further explanation of the material non-compliance just cause.
Mr. Anderson stated any violation of the lease would be an example of material non-compliance.
Potential forms of material non-compliance could be having a pet against the rules or property
damage.
Commissioner Donnelly asked what the differences would be for a landlord between a 90-day
notice and a 30-day notice. Mr. McDonough stated behaviors are not covered on the list of just
causes. Having large parties, smoking, or propping open doors are things that bother neighbors
that would not be covered for the just cause non-renewal.
Mr. McDonough stated the goal of the MHA is making property ownership a profession and
keeping landlords out of trouble. He noted Brooklyn Center has good tenants in the community.
In most situations, the landlord doesn’t have to give a reason for non-renewal just as the tenant
doesn’t have to give a reason for non-renewal. He explained there was a circumstance where a
tenant took pictures of children at the facility’s pool. It is not against the rules of his lease, so the
just cause list would mean the landlord couldn’t do anything to protect the children. St. Paul’s
tenant protection ordinance was rescinded after being ruled unjust by a federal judge. Ultimately,
the just cause requirement will tie the hands of landlords from addressing behavioral issues.
2/15/22 -8- DRAFT
Commissioner Donnelly asked what effects the 60-day notice would have in comparison to a 90-
day notice. Mr. McDonough stated the MHA uses a the 60-day notice option in their leases. Even
if a staff member were harassed, they would have to continue dealing with the tenant for the
entirety of the notice period.
Mr. McDonough added landlords do not issue non-renewals for good tenants. Chair Goodell stated
people are worried about retaliation for protesting living conditions or landlords not maintaining
the facilities. He asked if Mr. McDonough can understand that. Mr. McDonough stated he can
understand that, but it is against the law for landlords to retaliate. Chair Goodell stated renters
cannot prove retaliation if there is no reason for a non-renewal. Mr. McDonough stated renters
can claim anything is retaliation. There are times when a renter is not a good fit for a property,
and both the property owner and the tenant should have a right to act on that poor fit.
Commissioner Carter noted her agreement with Mr. McDonough. There are times when a tenant
may have poor attitudes or other issues that make them a poor fit for the living situation. She
added 60 days is enough time for someone to find a new place to live. If a tenant is having issues
with a landlord, they would not want to continue living there.
Commissioner Hester stated she has no criminal background, a full-time job, and a decent credit
score. However, it took her six months to find somewhere to live even before the pandemic.
Having worked in housing, she has never been able to house someone within a month, but she may
be able to house someone within three months if they are lucky.
Commissioner Hester stated taking photos of children on private property, that is a safety concern,
and there should be something in the lease that should speak to that. If someone is causing harm
to other tenants, that should be addressed in the lease.
Ms. Mohamed stated just case non-renewals has been approved by the United States Supreme
Court, so it has judicial backing. The St. Paul ordinance covered a variety of items, so it is
speculation to say the just cause portion caused it to be overturned.
Ms. Mohamed added it is a good question to ask why a tenant would want to live somewhere
where they have a problem with their landlord. She explained people live in certain places because
of the communities, school districts, proximity to amenities, or other considerations. Moving a
child to a new school district has long-term negative effects on the youth and the overall
community.
Commissioner Oman stated the 14-day notice is more than enough time for an eviction
notification, and they are never going to find a solution that everyone likes. He added that the
issue of landlords losing money is disingenuous because almost all leases require first and last
month’s rent to be paid in advance.
Commissioner Carter stated not every landlord requires first and last months of rent.
Commissioner Oman stated the landlord does have the option to require first and last months of
rent in the lease if they choose to protect themselves in that way. Commissioner Carter stated if a
2/15/22 -9- DRAFT
landlord does not require first month’s rent, the last month’s rent, and a security deposit, it is better
for the tenant. There aren’t many tenants who can afford to pay all of those expenses at one time.
Chair Goodell asked if there is a requirement for a 30-day or 60-day non-renewal notice in leases
or if that is a choice made by the landlords in their writing of the lease. Mr. McDonough stated
the only requirement is that both the tenant and the landlord have the opportunity to not renew.
Commissioner Donnelly noted his agreement with Commissioner Carter that collecting first
month’s rent and last month’s rent does not guarantee the landlord will not lose money. Landlords
may lose multiple months of rent in the process of removing a tenant, especially if the property
owner is more flexible with the timeline of a tenant paying their rent.
Chair Goodell noted his agreement with Commissioner Donnelly about losing money as a
landlord. Chair Goodell noted he is a part-time landlord, and losing money is the cost of being a
landlord. The Commission needs to balance the needs of the renters and the property owners.
From the perspective of a landlord, they would want very little regulation. On the other side, the
renter would like as much regulation as possible. Ultimately, the Ordinance needs to balance those
two perspectives.
Commissioner Donnelly stated he agreed with the comments of Chair Goodell. Being a business
owner comes with risk, and they must be prepared for unprecedented circumstances with a
financial cushion.
Chair Goodell stated the Council is looking for feedback and a recommendation from the Housing
Commission about the two versions of the Ordinance. He asked Mr. Anderson what the concerns
of the Council were.
Mr. Anderson stated there were questions from multiple Councilmembers regarding the success
of the tenant protections in Minneapolis and other items. The Mayor seemed to prefer the first
version of the Ordinance. Councilmembers have asked for more data and more discussion on the
matter.
Chair Goodell noted the original version of the Ordinance was recommended by the Housing
Commission previously. Mr. Anderson confirmed he original version of the Ordinance was
recommended by the Housing Commission previously. He added the Council is open to
recommendations beyond the two options that have already been presented to them.
Commissioner Hester stated she can appreciate the option for a 14-day eviction notice, but not
without a just cause non-renewal requirement. The 14-day notice doesn’t go on the record, but it
provides them the opportunity to resolve any issues with the landlord.
Commissioner Donnelly noted his agreement with Commissioner Hester. He explained he would
like to find a compromise between the two versions, but he does not have a specific preference
either way. Commissioner Donnelly added he would like to hear from a landlord and a housing
advocate as to which of the portions of the versions are most important.
2/15/22 -10- DRAFT
Ms. Mohamed stated both portions of the Ordinance are important. Ms. Polahn agreed with Ms.
Mohamed. Ms. Mohamed added the notice and the just cause components are bare bones of tenant
protections.
City Council Liaison Lawrence-Anderson pointed out the 30 days and the 14 days refer to pre-
eviction notices. Chair Goodell asked City Council Liaison Lawrence-Anderson to outline the
process. City Council Liaison Lawrence-Anderson stated she does not understand the entirety of
the process.
City Council Liaison Lawrence-Anderson noted the purpose of the non-renewal currently is to
avoid the eviction process. Landlords have expressed concerns that evictions would increase with
a just cause non-renewal requirement. The 14-day notice and the 30-day notice would allow for a
grace period to resolve concerns before an eviction were to be filed.
City Council Liaison Lawrence-Anderson stated she was in the room with HOMELine, ACER,
and other tenant advocacy groups at two meetings. At the December Council meeting, she
suggested they get all affected parties in the room together to discuss the Ordinance. From there,
MHA, Minneapolis Realtors, and various Brooklyn Center landlords joined the discussion. The
landlords have said they want to make the Ordinance work, but they do not want the end result to
be more harmful.
City Council Liaison Lawrence-Anderson added there may be a third meeting incorporating all of
the parties. It was her hope for that meeting to happen before presenting the Ordinance to the
Council for a second time.
Commissioner Oman stated the second version is a good compromise between the interested
parties.
Commissioner Hester noted she has concern about the language surrounding the 90-day non-
renewal without just cause as that is too much of an open arena for landlords. Chair Goodell asked
if she had an idea of a better time period for the non-renewal without just cause. Commissioner
Hester stated they could do something close to 60 days, but she didn’t have a specific timeline in
mind. She explained landlords can use the non-renewal without just cause to get rid of tenants,
and the language did not sit well with her.
Ms. Polahn stated when laws are made, it may affect people positively or negatively. Poor people
are the ones who are more likely to be negatively impacted. Many landlords don’t live in the
community, and they aren’t familiar with the suffering they experience. Just cause non-renewal
would be fair for tenants.
Ms. Mohamed explained the last meeting with landlords was very eye-opening for her. Landlords
see property as a source of income rather than a life-or-death situation. Housing is crucially
connected to health. One landlord said they put all of their tenants on a 60-day lease regardless of
their history, which is an example of predatory behavior by landlords. The two portions of the
Ordinance being asked for by tenants and housing advocates is a bare minimum to provide stability
to renters.
2/15/22 -11- DRAFT
Chair Goodell stated he has heard that the Housing Commission feels an ordinance is important.
Commissioners Oman, Donnelly, and Hester stated they agree an ordinance is important. Chair
Goodell added he is hearing there is not a consensus between the two options. Commissioners
Oman, Donnelly, and Hester noted their agreement with that statement.
Chair Goodell asked if there was consensus for the 14-day or 30-day pre-eviction notification.
Commissioner Hester stated she would be okay with the 14-day pre-eviction notification, but she
would prefer the 30-day pre-eviction notification.
Commissioner Oman stated he would support the 30-day pre-eviction notification, but he could be
okay with the 14-day pre-eviction notification.
Commissioner Donnelly noted they need to find a compromise, and the pre-eviction notification
seems easier to compromise on than the other portion of the Ordinance. Therefore, it would be a
good compromise to allow for a 14-day pre-eviction notification rather than a 30-day eviction
notification.
Commissioner Oman stated a concern he has heard with the 90-day non-renewal just case
requirement is already built into some leases so that both the landlord and the tenant would have
the ability to not renew the lease with the same amount of time. If they require the 90-day non-
renewal just cause portion of the Ordinance, they would take away that portion of the lease
agreements. That is likely why the compromise was suggested, and it is reasonable.
Chair Goodell stated the first proposal requires a just cause for all non-renewals, and the second
proposed draft gives landlords the options of a just cause for a non-renewal or a 90-day notice for
non-renewals without cause. He asked if that is a correct summary. Mr. Anderson confirmed
Chair Goodell’s summary was correct. He added the first proposal would require a 30-day pre-
eviction notice, and the second proposal would require a 14-day pre-eviction notice.
Chair Goodell stated the lease can determine the notification for either side to choose not to renew
the lease. If they pass the Ordinance to give landlords the options of a just cause for a non-renewal
or a 90-day notice for non-renewals without cause, then there would be an imbalance for the
landlords to provide longer notice than the tenants.
Chair Goodell stated people have said they would prefer the 30-day eviction notification, but they
would accept the 14-day pre-eviction notification as a point of compromise. He asked for
comments regarding the just cause portion of the Ordinance.
Commissioner Oman stated having 90 days of notice for a non-renewal without cause is a
reasonable compromise. Commissioner Hester stated having 90 days of notice for a non-renewal
without cause is not agreeable because there should be a reason for the landlord to not renew the
lease.
2/15/22 -12- DRAFT
Chair Goodell noted his agreement with Commissioner Hester considering the current housing
climate. He asked if Commissioner Carter or Commissioner Donnelly had any additional
comments.
Commissioner Carter stated she would prefer the second version of the Ordinance where the
landlords have the option of a just cause for a non-renewal or a 90-day notice for non-renewals
without cause.
Commissioner Donnelly added 90 days doesn’t seem to be enough time because of the limited
housing options.
Chair Goodell summarized the Housing Commission agrees there is a need for the ordinance, the
Commission favors the 30-day pre-eviction notification but can compromise with the 14-day pre-
eviction notification, and the Commission is split on the just cause provision.
Commissioner Donnelly pointed out they had not discussed the provision requiring the tracking of
data related to evictions and non-renewals. Commissioner Hester stated the data needs to be
tracked.
Commissioner Oman explained he has not heard any concerns about the data collection provision,
so it is a reasonable portion of the Ordinance. Chair Goodell noted his agreement with the
comments of other Commissioners.
Mr. Anderson read the portion of the Ordinance related to data collection requirements. He
explained the landlords do not have to report the data to the City unless requested. Chair Goodell
asked if the City asks landlords for any metrics regularly. Mr. Anderson stated the City requests
rent rolls occasionally, but not regularly otherwise.
Chair Goodell thanked Commissioner Donnelly for mentioning the data collection portion of the
Ordinance. He stated the consensus of the Commission is in favor of the data collection portion
of the Ordinance.
Commissioner Hester moved and Commissioner Oman seconded to provide feedback to the City
Council that the Housing Commission agrees there is a need for a tenant protection ordinance,
favors the 30-day pre-eviction notification but can compromise with the 14-day pre-eviction
notification, is split on the just cause non-renewal provision, and supports the data collection
provision. The motion passed.
Chair Goodell thanked the Commissioners and the community members for their thoughtful
discussion and comments regarding the Ordinance.
UPDATE ON CDGB PROGRAMS
Mr. Anderson stated the City Council reviews the allocation of the 2022 Community Development
Block Grant (CDGB) funds. There is $258,000 available in the fund for 2022. In previous years,
the City has allocated approximately $100,000 to Down Payment Assistance Program and the
remaining $158,000 towards the Hennepin County Home Rehab Program. In 2021, they had four
2/15/22 -13- DRAFT
loans close through the Down Payment Assistance Program.
Mr. Anderson explained the down payment assistance program is not very productive as there are
very few homes available in the City and it is a complicated process to get the loan. There is still
around $215,000 in the down payment assistance fund.
Mr. Anderson noted the Council recommended the 2022 CDGB funds be used entirely for the
Hennepin County Home Rehab Program and for the $215,000 to be retained for the Down Payment
Assistance Program. There is a contingency that the funds may be reallocated based on the
outcome of the housing study.
Mr. Anderson explained the Hennepin County Home Rehab Program isa forgivable loan for low-
income homeowners to improve their homes. The Down Payment Assistance Program offers
$10,000 for the purchase of the home and is forgiven after ten years.
Chair Goodell noted the housing stock availability is not something the City can control. He asked
if the City can do anything to make the application process less onerous. Mr. Anderson stated the
City has partnered with the Center for Energy and Environment (CEE), which is the agency that
processes the applications and PRG, which is an organization that helps people on the path towards
home ownership. PRG helps folks prepare to own a house and CEE helps with the application.
Chair Goodell asked how the City is advertising the programs. Mr. Anderson stated a mail flyer
was sent out to every tenant in the City and reached out to businesses to encourage employees to
consider the program. They also sent it to schools in the hopes they would send the information
home with students for their parents. Because of those efforts, PRG saw a 34% increase in calls
from Brooklyn Center. Mr. Anderson added they had two loans close through the Down Payment
Assistance Program in January 2022.
COUNCIL LIAISON REPORT
City Council Liaison Lawrence-Anderson asked if they wanted a report from her due to the late
hour. Chair Goodell stated City Council Liaison Lawrence-Anderson could share anything she
thought was important.
City Council Liaison Lawrence-Anderson stated the Tenant Protection Ordinance has been a focus
of the Council’s. She added the Implementation Committee process is underway, and the Council
will receive Committee recommendations at the next meeting. She stated they should fill the
existing Commissions and address those who have been serving with expired terms before
selecting the Implementation Committee. The Council has been negligent in making those
appointments, and they need to take care of the existing business first.
Chair Goodell thanked City Council Liaison Lawrence-Anderson for her report.
CHAIRPERSONS REPORT
Chair Goodell thanked Commissioners who have been able to attend the additional meetings and
their efforts.
2/15/22 -14- DRAFT
OTHER BUSINESS
City Council Liaison Lawrence-Anderson thanked the Commission for their thorough discussion
and the time they have spent serving the Housing Commission.
ADJOURNMENT
There was a motion by Commissioner Oman and seconded by Commissioner Donnelly to adjourn
the meeting. The motion passed. The Brooklyn Center Housing Commission adjourned at 9:07
p.m.
__________________________________
Chair Goodell
Tenant / Landlord Tenant Protection Meeting Recap
January 12, 2022
There were a total of 25 participants, 3 city staff, city attorney, and 2 council members.
Staff provided a brief overview the current tenant protection ordinance stating that it applies to the
transfer of ownership.
Staff provided a brief recap of the concerns that were brought up at the ARM meeting. Those concerns
were:
x What is the definition of affordable housing, needed some clarification about affordable.
x The city getting involved with a private contract between landlord and tenant, city getting
involved with contract law.
x Landlords calling the police for service would impact their license type.
x If landlords are required to give a 30 day notice it would further delay their rent collection and
could take as long as 90 days to get the unit back.
x There were questions about the data used to come up with the ordinance.
x State statutes give tenants’ rights such retaliation protection and tenant remedies act in the
event that the repairs are not being done.
x Possible compromise such as shortening the 30 day notice to 14 days and replacing just cause
non-renewal with a notice period for just cause.
Staff provided an explained the 30 day eviction notice. Minneapolis give a 14 day and St. Louis Park’s is
7 days. Staff cited that the city is open for a discussion.
The concern regarding the 30 day windows is that it is too long to resolve the issue and would push it
into another month of the tenant potentially being late again on rent. Landlords often work with
tenants on resolving the matter and requiring a 30 day notice would mean that a notice would be given
on the 2nd day requiring eviction which may case tenants to panic and break down the communication
between landlord and tenant.
The most common issues that cause late rent is car breakdown or medical bill. If the notice is 30 days,
most landlords isn’t willing to do a payment plan beyond 30 days.
Staff gave an example of issuing a code violation notice. Staff stated the notice is not a citation but the
notice states the amount of time given and also includes language about an abatement or a citation.
Once a payment plan is entered into and the tenant breaks that agreement, a Hennepin county judge
will throw the case out and would require a new notice.
The citation doesn’t pay the mortgage and a tenant who doesn’t pay impacts the landlord’s mortgage.
Pushing the rent back 30 days would compound the amount of rent due making it more difficult for
them to pay.
Sam from Homeline stated that landlords who make payment arrangements and could extend for 30-60
and if the tenant defaults the arrangement could be held up in court.
If the notice is sent with language stating that the tenant is behind on rent, and rent isn’t paid, another
notice will be sent. The tenant would be behind on rent and before housing court, landlords have bent
over backwards to assist landlords. Many landlords reach out and willing to work something out.
A notice that states Eviction will cause a lot of stress, notices for noise violations already cause a lot of
stress, and a notice stating eviction will further cause stress. Tenants don’t know that they can call the
office to work out plan on how to pay the rent owed.
If a notice is not given to tenants and do not get a heads up they might not know that there is issue. A
suggestion was about crafting the notice so it is not threatening or intimidating. Regardless of the
language in the notice, the 30 day requirement would still mean the notice is given on day 2.
A concern about criminal would delay an eviction if a 30 day notice is required. It was stated that
criminal activity is exempt from the ordinance and there are state statutes that would allow for
expedited eviction.
Another concern was about the different rules that each city has in implementing tenant protection
laws. Staff stated that landlords should lobby MN Multi-Housing to lobby the legislature to pass laws
that would be implemented state wide.
Evictions take a long time and often times that tenants leave and landlords are not able to collect on the
back rent. If there are a few bad landlords only, why implement ordinance that impact the entire rental
property in the city. Further, the city already has a difficult rental license program and it is only
compounding regulation.
The cost of 30 days has impact on single family homes since there small margins on single family rentals
and as large investment companies leave and new ones move in, the cost of rent will increase. The
payment of rent language is in the lease and staff is willing to work with a date that will work with
everyone. It was suggested that the notice is shorted to 7 days. 7 days is not enough time for tenants
prepare and the more notice is preferred. Homeline suggested that the 30 day notice does not get
changed.
Staff stated that the courts have upheld Minneapolis and St. Louis Park’s ordinance so both dates would
be acceptable. 30 days would be in conflict with state statute, state statue is 14 days for a tenant to file
a rent abatement.
Landlords don’t want to file an eviction and have built a relationship with tenants. Using the word
eviction ruins the relationship. It was then stated that the relationship is a business relationship and not
friendship relationship.
An example of non-renewal just cause is a tenant who smokes marijuana but the landlord cannot evict
because there isn’t enough evidence which causes good tenants to move out. If the tenants are not
willing to testify, there is no way to get rid of the tenant. The only way would be to non-renew the
tenant. BC police does not respond to calls for service for marijuana and the current language would
require that the tenant is given an opportunity to correct the behavior.
Staff stated that there are real concerns that the city has continued to hear from residents about
maintenance and management practice and staff has to balance the interests of everyone.
ARM Meeting Comments
We have 13 people that signed in, however, there were about 20 people that showed up. Emails (where
emails were provided) were sent to invite them back for the January 12th meeting. Notes are not in any
particular order of discussion. Let me know if there are additions to this that I may have missed.
1. Questions were asked about the use of the word affordable housing and what would be
considered affordable housing. It was explained that affordable housing in the context of the
ordnance would be the rent amount based at 80% of AMI. The AMI amounts were referenced
in the ARM newsletter. It was suggested that the city adopt the state’s definition of affordable
housing.
2. The owner stated that due to the rent in Brooklyn Center, 80% of AMI would mean all properties
in the city are subject to this new ordinance since the rents are not more than the chart.
3. There were concerns about how the city is interfering with contract law since the contract is
between a landlord and tenant not with the city. There was a follow up about
enforcement. Staff explained that the ordinance would allow tenants to be more proactive and
would be able to use the ordinance as a defense in court. The city would not be enforcing the
ordinance.
4. A concern expressed if landlords are non-renewing because of police calls, they would need to
call the police for service which would ultimately impact their license type. Staff showed the
police calls for service chart and explained that not all calls for service would impact their license
type.
5. Many owners/landlords/managers expressed that they are already working with tenants on rent
issues and the ordinance would inhibit them to work with tenants since they would have to
serve a eviction notice after the 1 st of them month.
6. A question about the data used for the reason to come up with the non-renewals. Staff
explained that the data for non-renewals do not exist however the data for eviction filings,
vacancy rates, and housing costs exist which was used to craft the ordinance to prevent further
displacement of low income families who lack housing options. Staff also cited the U of MN
study which showed the housing issues.
7. There was concern that the city would be creating an ordinance that would be in conflict with
state statutes around tenant rights. It was also expressed that retaliation is outlined in state
statutes along with rent escrow procedures for repair or other issues.
8. Questions about why staff didn’t engage landlords in a conversation sooner and waited till it
was about to be approved by city council.
9. Giving tenants a 30 day notice for eviction filing would mean that every tenant that does not pay
rent on the 1st will be served a notice of eviction. Tenants would be upset and cause additional
work for landlords. It would also further delay actual evictions up to 60 days and landlords
would be without rent up to 3 months without rent collection.
10. It would deter landlords from working with tenants, most already do try to work something out
if the tenants are behind on rent.
11. The city is allowing tenants who can’t pay rent to live rent free and not allowing the landlord to
get the tenant out sooner.
12. Retaliation is already a right under MN statute and if a landlord is retaliating, the tenant has
rights that they can utilize.
13. If landlord isn’t repairing things, the tenant can file a rent escrow which is protected under MN
statute as well.
14. This ordinance is protecting bad tenants and allowing them to live in the unit while the good
tenants are going to suffer.
15. This is going to drive out good tenants because landlords won’t be able to evict bad tenants
quickly enough.
16. Just cause eviction would require that the landlords have enough evidence to prove in court
which is often difficult to do such as smoking or marijuana smoking.
17. The city should consider looking at St Louis Park’s tenant protection ordinance and change it to
7 day notice vs 30 day notice.
18. Comments were made about RentHelpMN and questions were asked if the city is helping with
tenants who need it. Staff stated that staff is not doing the technical assistance but referring to
partnering agencies such as CEAP and other organizations that assist with application and in-
person assistance. RentHelpMN is down to 30 days for 1 st time applicants and 2nd time
applicants are as long as 5 months.
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Please indicate the racial / ethnic category which you most closely identify with below
(response optional - please check only one category):
THE FOLLOWING INDIVIDUALS ARE QUALIFIED TO COMMENT ON MY EXPERIENCE :
Name Relation Phone/ Email
1.
2.
AFFIDAVIT OF RESIDENCY*
For Resident Members (Brooklyn Center Residents Only)
I, _______________________ hereby declare, under penalty of perjury, that I am a resident
of Brooklyn Center. I understand that, with the exception of a temporary relocation outside of
Brooklyn Center not to exceed six months, I may no longer serve on a Brooklyn Center
Commission should this cease to be true.
Signature of Applicant: ________________________ Date:_______________________
*For Brooklyn Center Residents Only
2
Princess Onyemeh-Sea Coworker (612) 250-1587
Mentor (612) 432-0275
Joecelia Dalmeida
01/28/2022
Mateneah Addey
Describe how your experience, education, attributes, and training qualify you for
appointment to the Implementation Committee, and which membership criteria listed
above apply to you. Let us know why serving on this committee to fully implement the
intent of The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence
Prevention Act is important to you. Attach additional pages if needed.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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____________________________________________________________________________
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____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
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____________________________________________________________________________
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____________________________________________________________________________
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____________________________________________________________________________
____________________________________________________________________________
Return this form to Office of the City Clerk,6301 Shingle Creek Pkwy, 1st Floor, Brooklyn
Center, MN 55430
4
BR291-413-781750.v2
Member Elliott introduced the following resolution and moved its adoption:
RESOLUTION NO. _______________
RESOLUTION CREATING THE COMMUNITY SAFETY AND VIOLENCE
PREVENTION IMPLEMENTATION COMMITTEE
WHEREAS, on May 15, 2021, the City Council passed Resolution No. 2021-73,
adopting the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence
Prevention Act (the “Act”); and
WHEREAS, the Act required the City to create a Community Safety and Violence
Prevention Implementation Committee (“Implementation Committee”), which is to include
residents from the City and other local, state and national experts in public health-oriented
approaches to community safety, is to be chaired by the Mayor, and with members recommended
by the Mayor and confirmed by the City Council; and
WHEREAS, the City Council is authorized by Section 2.02 of the City Charter to
create boards, commissions, and committees to assign to them specific duties; and
WHEREAS, in accordance with the Act, this Committee will propose amendments,
ordinances, resolutions, policies, guidelines or other recommendations for the review, adoption
and/or implementation by City Council or City staff, as appropriate, that would fully implement
the will and intent of the City Council as expressed in the Act; and
WHEREAS, applications to serve on the Implementation Committee were
distributed and accepted over a period of several months, with the City receiving twenty-eight
applications, twenty-four of which were interviewed; and
WHEREAS, upon completion of the interview process, the Mayor has
recommended that the following individuals be confirmed as members of the Implementation
Committee: Mayor Mike Elliott, Julie Bourque, Joecelia Dalmeida, Amity Dimock, Joylenna
Garcia, John Solomon, Mark Viste, Kia (Kiki) Welch, and Katie Wright.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, as follows:
1. The Community Safety and Violence Prevention Implementation Committee is hereby
established for the City of Brooklyn Center.
2. The following people are confirmed and appointed as members of the Implementation
Committee: Mayor Mike Elliott, Julie Bourque, Joecelia Dalmeida, Amity Dimock,
Joylenna Garcia, John Solomon, Mark Viste, Kia (Kiki) Welch, and Katie Wright.
RESOLUTION NO. _______________
BR291-413-781750.v2
February 28, 2022
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.
Proposed Implementation Committee Members
Julie Bourque
Joecelia Dameida
Amity Dimock
Joylenna Garcia
John Solomon
Mark Viste
Kia Welch
Katie Wright
Other Applicants
Mark Allan Lori Bordal
Karen Beelen Leslie Blair
Dr. Ethan Hedges Capers Melissa Carey
Will Dinga Dawn Gieseke
Lori Hout Barb Jensen
Linda Kirsch Matthew Branch
Mikki McComb Pastor McKinley Moore
Jakayala Neal Trahern Pollard
Diane Sannes Singleton David
Amy Watkins
One person withdrew their name after application
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Member introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2021-____
CITY OF BROOKLYN CENTER, MINNESOTA
A RESOLUTION AUTHORIZING STAFF TO SPEND UP TO $3,264,133 IN
AMERICAN RESCUE PLAN ACT FUNDS THROUGH 2024
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act
of 2021 (H.R.1319) into law. The American Rescue Plan Act provides $1.9 trillion in additional
relief to respond to the novelcoronavirus (COVID-19); and
WHEREAS, the city of Brooklyn Center was allocated $3,264,133 which can be used to
support urgentCOVID-19 response efforts to continue to decrease the spread of the virus and
bring the pandemic under control, replace lost revenue for eligible state, local, territorial and
Tribal governments to strengthen support for vital public services and help retain jobs, support
immediate economic stability for households and business and address systemic public health
and economic challenges that have contributed to the unequal impact of the pandemic, as well as
necessary investments in water, sewer, or broadband infrastructure; and
WHEREAS, on June _, 2021, the city of Brooklyn Center received $1,623,762.20, and a
supplemental distribution of $53,173.74 of the $3,264,133 with the remaining balance being
available for requesting in June 2022; and
WHEREAS, the period of performance for the American Rescue Plan Act is from March
3, 2021 and must be obligated by December 21, 2024, which means all funds must be
encumbered and projects contracted. By December 31, 2026, all projects must be complete,
including all payments made for encumbrances and projects; and
WHEREAS, the city of Brooklyn Center has established guiding principles for the use of
the funds and has utilized community feedback to develop a 2021-2024 investment plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Brooklyn
Center hereby authorizes staff to spend up to $3,264,133 in American Rescue Recovery Act
funds between 2022 and 2024 in accordance with the proposed investment plan.
BE IT FURTHER RESOLVED that all planned investments that do not occur in a given
year will roll forward to the following year, provided all funds are expended by the end of 2024.
January 10, 2022
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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City of Brooklyn Center 2022 Legislative Agenda
February 2022
Page 2 of 8
Administration
x BCLG 01-2020 (Official Notifications / Information Access) – The City of Brooklyn Center
supports the State eliminating outdated and unnecessary publication requirements that are no
longer relevant or representative of the City’s technological capabilities.
Justification – Currently the State has laws mandating the City establish an “official” or “qualified”
newspaper for formal city notifications. The law specifies that cities designate only “one”
newspaper, it must be printed in English and if it is a daily newspaper it must be distributed at least
five days each week, etc. While the notification standards established in 1949 were well intended,
they may not be complete or applicable to contemporary methods of communication or cost
efficient.
x BCLG 02-2020 (Election Judge Recruitment and Retention) – The City of Brooklyn Center
supports efforts by the State to amend regulations to eliminate the party balance requirement
of appointed and hired staff administering absentee balloting prior to Election Day and for city
special elections. We further recommend that the legislature authorize time off for college
students if they have been appointed to serve as an election judge.
Justification – City elections are non-partisan and govern elections in a non-partisan manner. One of
the City’s strategic priorities is “community engagement across all segments of the City”. The City
desires to engage as many residents as possible in the election process.
x BCLG 03-2020 (Liberian Refugee Immigration Fairness Act) – The City of Brooklyn Center
supports the efforts of public and private organizations seeking to assist residents apply
for permanent status under the LRIFA. We implore the State Legislature to provide
funding in support of these efforts.
Justification – We estimate that there are more than 30,000 Liberians living in the State of
Minnesota of which 4,000 or more would be subject to deportation if their current DED status is not
changed. The LRIFA recently approved by Congress will provide individuals with DED extensions, one
final year to complete their application for a change in their immigrant status. Failure to complete a
qualifying application is likely to result in deportation of these individuals, many of whom have been
residents for more than a decade. Historically the State Legislature, Governor and State Officials
have supported Brooklyn Center and other communities in the efforts that have led to passage of
the LRIFA. Now it is critical that every effort be made to assure that each eligible person is able to
take advantage of this opportunity. There are several organizations planning to provide the
necessary legal and other assistance required for individuals to submit a qualifying application under
the Act. We urge the legislature to provide financial support to these organizations.
x BCLG 04-2020 Funding for Cultural Centers/Museums and other Community Building
Assets- the City of Brooklyn Center encourages the Legislature to provide funding and
provide new rules that will support the establishment of Cultural Museum/Centers that
reflect the unique traditions and values provided by immigrants, new Americans and
diverse communities; thereby enriching the lives of all Minnesotans.
Page 3 of 8
Justification – As one of the most ethically and cultural diverse communities in the State of
Minnesota. We believe that this strength should be valued and shared. A variety of cultural
organizations and groups would love the opportunity to collaborate with government, non-profits
and others to share the benefits of their culture. We believe the State can play an extremely
valuable role by providing funding to build capacity and facilitate opportunities for these groups to
add to the culture of Minnesota in a lasting and meaningful way. We believe existing Grant
Programs should be modified or new funding should be approved to encourage Cultural Centers,
Museums, and Arts to support the goal of cultural inclusion and diversity in the State.
Housing and Development
x Ensure housing security. The pandemic has accelerated the impacts of an existing
housing crisis and has exposed many people to an immediate housing emergency. Tools
like aid for tenants and landlords, eviction moratoria, and funding for affordable housing
are important for immediate relief and longer-term recovery.
x Tenant protections. The City of Brooklyn Center supports revising existing regulations
that restrict local governments from enacting tenant protection measures. Further, the
City of Brooklyn Center supports new legislation that clarifies and creates tools that
support tenant protection measures, both locally and state-wide. These tools include
but are not limited to, local authority to enact rent control, prevent discrimination on
the basis of income sources, limit tenant screening practices, prevent non-renewals of
leases without just cause and prevent retaliation by rental property owners.
x BCLG 05-2020 (Affordable Housing) - The City of Brooklyn Center supports the creation
of additional local tools and funding for workforce housing and affordable housing
programs, including resources in a bonding bill. Specifically the State should establish a
housing tax credit contribution fund, create a state funding match for local housing trust
funds, increase funding for Economic Development and Challenge Fund Grant program
and support dedicated funding for housing through bonding and general fund revenue.
Justification – The lack of workforce housing makes it difficult for employers to attract
workers and for cities to attract new residents. Vacancy rates remain low and the market is
not keeping up with demand for affordable housing options. Cities want to play a role in
addressing this issue, but lack the resources and the flexible tools to create partnerships
with public and private entities to ensure an adequate supply of affordable housing options
x BCLG 06-2020 (Group Homes and Housing with Services Establishments) - The City of
Brooklyn Center requests the Legislature to examine the impacts of the established
regulations, which limit the ability of municipalities to regulate group homes and
Page 4 of 8
housing with services establishments to determine if regulations are having a
disproportionate effect on low-income communities and communities of color.
Justification our experience is that single-family affordable housing neighborhoods are attractive
locations to investors seeking to profit from the establishment Group Home and Housing with Services. The
concentration of these homes in low-income neighborhoods reduces home ownership opportunities and
wealth accumulation for residents and the concentration of theses business can change the
character of the neighborhood.
x BCLG 07-2020 (Building Officials) – The City of Brooklyn Center supports efforts of the State to
increase its efforts to train new and diverse building officials, and provide sufficient education to
help local officials administer and enforce construction regulations.
Justification – The City has established city priorities related to resident economic stability and a
value of diversity and inclusion. There is a shortage of building officials in the State and greater
shortage of building officials of color. Sufficient funding and support by the state would permit the
City and other cities to have access to a broader pool of candidates for building official in the future.
Business and Economic Development
x BCLG 08-2020 (Youth Tax Credit) – The City of Brooklyn Center supports efforts by the State to
create an internship to work tax credit for organizations hosting young workers in Brooklyn
Center. This type of tax credit program exists now, but is targeted to Greater Minnesota.
Justification – One of the City’s strategic priorities is “Resident Economic Stability”. This program
would provide an incentive for businesses to participate in the BrookLynk Program of the Brooklyn
Bridge Alliance.
x BCLG 09-2020 (Workforce Readiness) – The City of Brooklyn Center supports efforts of the State
to fund fully the Minnesota Job Skills Partnership and other workforce training programs. The
City also supports the State providing flexible funding to local workforce councils and pursuing
creative programming and funding. Finally, the City supports efforts to design and implement
programs designed to address youth employment and workforce readiness.
Justification – One of the City’s strategic priorities is “Resident Economic Stability”. This program
would provide an incentive for businesses to participate in the BrookLynk Program of the Brooklyn
Bridge Alliance. This effort would also, support the City’s strategic priority of “Resident Economic
Stability”.
Page 5 of 8
x BCLG 10-2020 (Tax Increment Financing - TIF) – The City of Brooklyn Center supports efforts of
the State to increase the ability of TIF to facilitate redevelopment and housing activities, The
State should allow term extensions for redevelopment districts, which are taking longer to
develop; amend Minn. Stat. § 469.1763, subdivision 3 to eliminate the “Five-year Rule” for
districts that are taking longer to develop; and modify the housing district income qualification
level requirements to allow the levels to vary according to individual communities.
Justification – The City would benefit by having the ability to extend the term for its redevelopment
districts, which could have a positive impact on the financial stability and effectiveness of the
districts.
x BCLG 11-2020 (Land Recycling and Redevelopment) – The City of Brooklyn Center supports the
creation of a “land assembly grant or loan program” to assist cities and economic development
authorities assemble small parcels for redevelopment. In addition, the City supports efforts by
the State to amend the definition of redevelopment district under TIF Act to include the
obsolescence and incompatible land use.
Justification – Due to the City being a fully developed city, the City would benefit from more
resources and greater flexibility of existing economic development tools to redevelopment
deteriorated, obsolete and vacant structures and contaminated land.
Financial
x BCLG 12-2020 (Metro Area Fiscal Disparities) - Brooklyn Center was once a net contributor to
the Fiscal Disparities pool. Today as a net recipient, Fiscal Disparities is a major factor
contributing to the fiscal stability of the City and our taxpayers. Without Fiscal Disparities, the
property tax burden in Brooklyn Center would escalate dramatically, perhaps more than
25%. We strongly encourage continued legislative support for Metro Area Fiscal Disparities.
x BCLG 13-2020 (Sales Tax Exemption Simplification) - We advocate for a way to simplify the utility
of the current sales tax exemption for construction materials. The process for using the current
sales tax exemption on construction is so complicated, risky, and burdensome to contractors
and cities that we are aware of no city that has decided to use this exemption. In Brooklyn
Center, we estimate savings of $300-$400 thousand annually for our neighborhood street and
utility construction projects if the sales tax exemption was viable.
x BCLG 14-2020 (Property Tax Relief) – The City of Brooklyn Center supports efforts of the State
increase property tax relief for property owners experiencing high tax burdens due to property
tax shifts.
Justification - The City has experienced significant shifts in tax capacity growth from commercial to
residential properties throughout the years of the most recent economic recession. As a result,
residential property owners have endured a tax shift burden. We expect this trend to continue for
Page 6 of 8
the coming years as housing values continue to recover and commercial and industrial market
values normalize.
x BCLG 15 -2020 (Local Government Aid - LGA) – The City of Brooklyn Center supports the existing
LGA funding formula as an appropriate mechanism to distribute LGA and opposes special
funding using LGA funds.
Justification – LGA has been cut for many years. The City’s budget stability continues to be
dependent on LGA funding. Any changes in the formula or siphoning of funds from the overall pool
for special projects may be detrimental to the City’s financial stability.
Law Enforcement & Public Safety
x Race Identification on Drives License
Justification – A self-identified race designation on the driver license will facilitate the automatic
capture of accurate race related police activity data. This will improve our capacity to capture
information for the purpose of developing policies and practices that reduce/eliminate racial bias
and inequity in policing
x BCLG 16 -2020 (Cop Autism Response Education and Vitals App) The City of Brooklyn
Center supports legislative funding for the expansion of the COP Autism Response
Education (CARE) training model and VITALs app to better meet the needs of individuals
on the Autism Spectrum and build more inclusive communities
Justification- Each year globally, an increasing number of children are being diagnosed with autism
spectrum disorders. The State of Minnesota has the second highest autism prevalence rate in the
United States. Individuals with Autism Spectrum Disorder are valued members of our community
and help to strengthen the City of Brooklyn Center, Unfortunately individuals on the Autism
Spectrum face significant barriers in utilizing emergency services due to sensory processing and
other characteristics that are included in the diagnosis of Autism Spectrum Disorder. CARE and Vitals
App are two significant tools that may be used improve efficacy and effectiveness of emergency
response to persons living in our community diagnosed with Autism Spectrum Disorder.
x BCLG 17-2020 (T-21 Raising the Age for Purchasing Tobacco Products to Age Twenty
One) - The City of Brooklyn Center supports a legislative change to increase the age
of tobacco product purchases to twenty-one.
Justification - Brooklyn Center along with several Cities throughout the State of Minnesota has adopted
local ordinance regulations increasing the legal age to purchase tobacco products to 21 because
overwhelming evidence demonstrates the younger a person is when they begin smoking the more likely
they will become addicted and suffer physically resulting from this addiction. Likewise, vaping and other
caffeine delivery devises should be regulated, as there is growing evidence that they too are addicting and
physically harmful to young people.
Page 7 of 8
x BCLG 18 -2020 (Juveniles in Municipal Jails) – The City of Brooklyn Center supports efforts by the
State to clarify state statute that would allow juveniles to be held for questioning and booking in
the City jail for up to six hours.
Justification – The City would have more of an opportunity and time to work with a juvenile to
resolve or remedy their situations prior to being transported to Hennepin County Jails should the
state increase the max time juveniles may be held in a licensed municipal jail.
x BCLG 19 -2020 (21st Century Policing) – The City of Brooklyn Center supports action by the State
to increase funding for peace officer training, peace officer wellness activities, and grants to the
cities to deploy technologies such as dash and body worn cameras, all of which align with the
President’s Task Force 21st Century Policing Report.
Justification - The City initiated efforts to implement 21st Century Policing soon after the report was
published. The City continues to develop and train peace officers in accordance with the report.
Funding support from the State would help advantage and stretch the use of City resources. To date
the City has taken on the expense of such efforts at the City’s expense.
x BCLG 20 - HF 2867 Body Armor Reimbursement Legislation - The City of Brooklyn Center
supports action by the State to expand eligibility reimbursements.
Justification – Currently the State has a program to offer a portion of the cost of ballistic vests
be reimbursed for Peace Officers only. This new legislation expands the reimbursement to all
Public Safety Officers. Public Safety Officer is defined as peace officer, firefighter or qualified
emergency medical provider. The Brooklyn Center Fire Department purchased vests for each
of their firefighters that will need to be replaced in 2026 and this would help offset some of
the City’s cost for these replacements.
Transportation
x BCLG 21-2020 (MVLST Funding) - The City of Brooklyn Center supports including
Hennepin County in the distribution of motor vehicle lease sales tax (MVLST).
Justification - Hennepin County residents contribute substantially to the MVLST but State Law
excludes the county from receiving funding from this transportation source. If included,
Hennepin County would receive $10.7 million annually for roads, bridges, and pedestrian and
bikeway projects. The rationale to exclude Hennepin and Ramsey counties from receiving
MVLST formula funds was based on enabling of new taxing authority through the creation of
the Counties Transit Improvement Board (CTIB). With CTIB's dissolution in 2017, this rationale
Page 8 of 8
for excluding Hennepin and Ramsey counties from receiving MVLST Formula funds has ceased
to exist.
x BCLG 22-2020 (Transportation Funding) – The City of Brooklyn Center supports the State
providing more funding, including bonding, for improvements to all components of the
transportation system. The City specifically supports The Blue Line Light Rail Extension. In
addition, the City’s highest State transportation priority is the much needed improvements to
and conversion of TH 252 to a freeway with the addition of MnPASS lanes.
Justification – The City has various transportation needs ranging from constructing highway
overpasses to upgrading Trunk Highway 252 to a freeway, as well as, transit related needs.
Additional funding by the legislature would permit the City to access various funding sources from
the Minnesota Department of Transportation for city projects. Improvements and conversion of
Trunk Highway 252 to a freeway would benefit city residents and regional travelers with improved
safety and less congestion on a corridor that lays claim to two of the top 10 and 5 of the top 100
intersections in statewide crash cost rankings.
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2/14/22 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
FEBRUARY 14, 2022
VIA ZOOM
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in a Regular Session called
to order by President Mike Elliott at 9:06 p.m.
2. ROLL CALL
President Mike Elliott and Commissioners Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan were present. Also present were Executive Director Reggie Edwards,
Community Development Director Meg Beekman, and City Clerk Barb Suciu.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Graves moved and President Elliott seconded to approve the Agenda and Consent
Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. January 24, 2022 – Regular Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION NO. 2022-07 APPROVING A PRELIMINARY DEVELOPMENT
AGREEMENT WITH ALATUS, LLC, PROJECT FOR PRIDE IN LIVING, LLC
AND RESURRECTING FAITH WORLD MINISTRIES
Executive Director Reggie Edwards introduced the item and invited Community Development
Director Meg Beekman to make the Staff report.
Community Development Director Meg Beekman stated the development team presented their
concept plan to the City Council at their January 24, 2022 meeting and shared how the community
engagement process has shaped the development plan. The Pilot Site is compromised of EDA-
owned parcels within the Opportunity Site. The area is approximately 15 acres, and it is currently
2/14/22 -2- DRAFT
largely vacant. The land use guidance is for transit-oriented development and mixed commercial
use.
Ms. Beekman stated since 2007, several development concepts have been considered, but for
various reasons, none have moved forward. On February 20, 2018, the City Council heard
proposals from two developers regarding concepts for the Opportunity Site. After meeting with
each development team, hearing their vision for the site, and reviewing the proposed concepts, the
City Council directed staff to move forward with drafting a Preliminary Development Agreement
(PDA) with Alatus, LLC.
Ms. Beekman explained in April of 2019, the Agreement was renewed. As part of the PDA, the
City took the lead on the overall master planning work for the Opportunity Site, and Alatus began
to focus on implementing an initial development that aligned with the City's vision for the area.
Ms. Beekman noted the City engaged with Bolton & Menk consulting and began a comprehensive
small area plan for the Opportunity Site in collaboration with Alatus. In June 2021, the City
Council adopted an Opportunity Site Master Plan Infrastructure Framework, setting the overall
vision for the area and outlining for major areas of the overall plan: a transportation and access
network, parks and open space network, a land-use plan, and a stormwater plan.
Ms. Beekman stated once the current phase of community engagement is completed, the work will
be incorporated into an Opportunity Site implementation phase, which will complete the
Opportunity Site master planning work. She added a Community Benefits Agreement (CBA) is
in the process of being developed.
Ms. Beekman added over the last two years, Alatus has participated in community engagement
efforts that altered and shaped their development concept. They expanded the development team
to include Project for Pride in Living and Resurrecting World Faith Ministries to take on various
aspects of the concept. Collectively, they are working with the Citizen’s Advisory Taskforce.
Ms. Beekman stated the project team includes Alatus, Project for Pride in Living, Resurrecting
Faith World Ministries, Design by Melo, and BKV Group. The Pilot Site Development Plan
includes around 750 units, one-third being market-rate units, one-third being mixed-income units,
and one-third being more deeply affordable units. The Pilot Site will also include an event center,
childcare center, mental health, and therapy suites, barbershop and small business suites, EDA-
controlled entrepreneurial incubator, public plaza, flex street, and a regional park, in partnership
with the Three Rivers Park District.
Ms. Beekman explained the Preliminary Development Agreement is a document that covers the
15 acres. The PDA can be terminated by either party if the other party is not fulfilling its
obligations under the agreement. A PDA provides a developer with exclusive rights to a site while
they complete their due diligence, financing, and land use entitlement process. These agreements
are necessary for developers to show they have site control as they put together financing
applications.
2/14/22 -3- DRAFT
Ms. Beekman added the PDA would outline the responsibilities of each party and the development
team will reimburse the City for any costs associated with the project. The PDA would expire on
October 30, 2022, so the development team would have to deliver on their roles before that date.
Ms. Beekman stated the role and responsibilities of the developer are to complete engagement
efforts and negotiation of a CBA, conduct market, traffic, and environmental studies, conduct and
participate in public engagement, secure financing, prepare a land-use application addressing
specific topic areas, complete land use approvals for the development, and negotiate purchase and
development agreements with the City and EDA. She noted the document in question is not a
purchase agreement for the land.
Ms. Beekman added the City’s role and responsibilities include identifying the entitlement process,
identifying sources of public financing, and coordinating with the developer to pursue grants as
available.
Ms. Beekman stated the next steps in the project are to engage with community partners, host a
series of community-wide events, collaborate with the Citizen Advisory Taskforce on negotiating
the CBA, continue to develop site plan in collaboration with the Citizen Advisory Taskforce,
complete environmental review and open for a public comment period in February or March,
develop entrepreneurial incubator implementation plan, conduct a formal land-use review with the
Planning Commission and City Council in May or June, and negotiate a development agreement
in May or June.
Commissioner Ryan stated the EDA has received a previous road map of the plan of action as well
as the timeline of different housing components. He noted the plan is very important to the future
of the City, and he has had concerns about the level of affordable housing included in the plans.
The EDA has to either accept or reject the package. Some members of the EDA want more deeply
affordable housing, but he is concerned about the long-term effects of additional affordable
housing in Brooklyn Center.
Commissioner Ryan asked if the affordable housing component is inherent with the development
partners. Ms. Beekman stated when putting together a project of such complexity, it is always a
balancing act of competing interests. The project has to be financially feasible, but it also has to
be something the community wants and needs and something the EDA is willing to sell their land
for.
Ms. Beekman explained the project is being presented as a whole. The product before the
Economic Development Authority is a result of years of community engagement, and the
developer has put together a team that can deliver as many elements of the community input as
possible. If there are elements that the Council is not interested in, then the development team can
continue to adjust the plan.
Commissioner Ryan thanked Ms. Beekman for her comments and noted challenging potential
projects can only make them better. He explained he has voted for every affordable housing
project that Staff has brought forth to the Council because they have been in line with the
2/14/22 -4- DRAFT
Metropolitan Council’s transit-oriented goals. The Council needs to make sure the proposed
project brings forth the most economic leverage for the City in both the present time and the future.
Commissioner Ryan explained he believes that they have infused too much affordable housing
into the plan. He noted he cannot be the sole creator of a plan, but the rest of the Council, the
public, and stakeholders need to provide input to the plan.
Commissioner Graves thanked Ms. Beekman for her presentation and the comments of
Commissioner Ryan. She stated she would not present the exact plan as the Pilot Site stands, but
she explained she understands there is room to adjust some details. She noted she would not want
to move forward without discussing the results of the CBA. She added she was ready to make a
motion and to move forward with the process.
Commissioner Graves moved and President Elliott seconded to adopt RESOLUTION No. 2022-
07 approving a Preliminary Development Agreement with Alatus, LLC
President Elliott stated the Council will need to continue to work on the matter.
Motion passed unanimously.
5. ADJOURNMENT
President Elliott moved and Commissioner Butler seconded to adjourn the Economic Development
Authority meeting at 9:36 p.m.
Motion passed unanimously.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center,
Minnesota, certifies:
1. Attached hereto is a full, true, and complete transcript of the minutes of an Economic
Development Authority Session of the City Council of the City of Brooklyn Center held
on February 28, 2022.
2. That said meeting was held under due call and notice thereof and was duly held at Brooklyn
Center City Hall.
3. That the City Council adopted said minutes at its February 28, 2022, Regular Session.
Barbara Suciu, City Clerk Mike Elliott, Mayor
2/14/22 -5- DRAFT
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638314v1BR305-1
Commissioner _________________ introduced the following resolution and moved its adoption:
EDA RESOLUTION NO. 2022-____
RESOLUTION APPROVING A FIRST AMENDMENT TO
PRELIMINARY DEVELOPMENT AGREEMENT WITH JO
COMPANIES, LLC
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the
“Authority”) received a proposal from JO Companies, LLC, a Minnesota limited liability company
(the “Developer”) regarding the development of land owned by the Authority for the creation of a
multifamily affordable housing apartment building, which proposal contemplates the Authority's
conveyance of the property located at 6101, 6017 Brooklyn Boulevard and 3600 61st Avenue North
(the “Authority Property”) to the Developer; and
WHEREAS, the Authority’s Board of Commissioners reviewed the Developer’s
development concept; and
WHEREAS, On February 24, 2020 approved a Preliminary Development Agreement to
allow the Developer to negotiate the purchase of the Authority Property, conduct due diligence,
obtain the necessary financing and commitments to construct the development, apply for, and gain
approval from the City for the development and any necessary public subsidy; and
WHEREAS, The Preliminary Development Agreement is set to expire on February 28,
2022; and
WHEREAS, On June 28, 2021 approved a Purchase Agreement for the Authority Property
with the Developer; and
WHEREAS, The Developer has continued to forward their project by conducting
community engagement meetings, refining the site and building plan, submitting applications for
financing to appropriate agencies; and
WHEREAS, The Developer is requesting a one year extension to the Preliminary
Development Agreement; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic
Development Authority of Brooklyn Center, Minnesota (the “Board”), as follows:
1. The EDA hereby approves a first amendment to the Preliminary Development
Agreement, extending the expiration to February 28, 2023, and substantially in accordance with
the terms set forth in the form presented to the Board, together with any related documents
necessary in connection therewith (collectively, the “Preliminary Development Documents”) and
hereby authorizes the President and Executive Director to negotiate the final terms thereof and, in
their discretion and at such time as they may deem appropriate, to execute the First Amendment to
the Preliminary Development Documents on behalf of the Authority, and to carry out, on behalf of
638314v1BR305-1
the Authority, the Authority’s obligations thereunder.
2. The approval hereby given to the Preliminary Development Documents includes
approval of such additional details therein as may be necessary and appropriate and such
modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by legal counsel to the Authority and by the officers authorized herein
to execute said documents prior to their execution; and said officers are hereby authorized to
approve said changes on behalf of the Authority. The execution of any instrument by the
appropriate officers of the Authority herein authorized shall be conclusive evidence of the approval
of such document in accordance with the terms hereof. In the event of absence or disability of the
officers, any of the documents authorized by this Resolution to be executed may be executed
without further act or authorization of the Board by any duly designated acting official, or by such
other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf.
3. Upon execution and delivery of the Preliminary Development Documents, the officers
and employees of the Authority are hereby authorized and directed to take or cause to be taken
such actions as may be necessary on behalf of the Authority to implement the Preliminary
Development Documents.
Resolution No. 2022-________
4. The Board hereby determines that the execution and performance of the Preliminary
Development Documents will help realize the public purposes of the Economic Development
Authority Act.
_________________________ _________________________________
Date President
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
638311v1BR305-1
FIRST AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT
FIRST AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT
dated this _____ day of ___________, 2022, by and between the Economic Development
Authority of Brooklyn Center, a Minnesota body corporate and politic, 6301 Shingle Creek
Parkway, Brooklyn Center, MN 55430 (the “Authority”) and JO Companies, LLC, a Minnesota
limited liability company, 3640 Dunbar Knoll, Brooklyn Park, MN 55443 (the “Developer”).
WHEREAS, the Authority is the fee owner of property located in the City of Brooklyn
Center (the “City”) at 6101, 6107 Brooklyn Blvd and 3600 61st Ave North (the “Property”);
WHEREAS, the Authority entered into a Preliminary Development Agreement with the
Developer for the Property on February 24, 2020, which expires on February 28, 2022;
WHEREAS, the Developer desires to extend the Preliminary Development Agreement
one year to February 28, 2023;
WHEREAS, the Authority’s Board of Commissioners has reviewed the Development
concept and the Developer’s request for an extension and is interested in development of the
Property as proposed by the Developer and in granting a one year extension to the Agreement;
WHEREAS, if the Developer is successful in obtaining the necessary financing and
commitments to construct the Development and agrees to construct the Development, then the
Authority would be willing to enter into an agreement with the Developer for the conveyance of
the Property and construction of the Development at a mutually agreed upon price together with
other negotiated conditions for conveyance of the Development Property;
WHEREAS, the Developer has requested that the Authority execute this First
Amendment to the Preliminary Development Agreement (“PDA”) agreeing to extend the
expiration of the Preliminary Development Agreement to February 28, 2023, to provide the
Developer with time to conduct review of the Development Property, obtain financing for the
proposed Development, prepare appropriate plans for the Property, obtain necessary City
approvals for the Development, and negotiate with the Authority on an agreement for the sale of
the Development Property;
WHEREAS, the Authority is willing to enter into this First Amendment to the PDA for
such purposes upon the terms and conditions provided herein.
NOW THEREFORE the parties agree as follows:
1. In consideration of the processing of the Development under the terms of this
PDA, the Authority agrees that it will negotiate and work solely with the Developer on
negotiations for sale of the Property to the Developer for the Developer’s proposed Development
until February 28, 2023 (“Term”). Further, the Authority agrees that all other provisions of the
PDA shall remain in full effect.
638311v1BR305-1 2
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly
executed in its name and behalf and the Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER, MINNESOTA
By__________________________________
Its President
By__________________________________
Its Executive Director
JO COMPANIES, LLC
By__________________________________
Its _________________________________