HomeMy WebLinkAbout2021 11-08 CCPCouncil Study Session
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection via
telephone Dial: 1-312-626-
6799 Meeting I D:
85664318588# Passcode:
997830#
November 8, 2021
AGE NDA
1.City Council Discussion of Agenda Items and Questions - 6 p.m.
2.M iscellaneous
a.I n-P erson Meetings
- Consider the information presented tonight and determine a date to
reconvene in-person/hybrid meetings.
b.Meetings with Common Sense
3.Discussion of Work S ession Agenda Item as T ime P ermits
4.Adjourn
C ouncil Study Session
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:D r. Reginald Edw ards , C ity M anager
S U B J E C T:I n-Pers on Mee-ngs
B ackground:
At the O ctober 25, 2021, City Council mee-ng, the council asked how other ci-es w ere conduc-ng their city
council mee-ngs. H ere is a result of surrounding ci-es and their current proces s for C ity C ouncil mee-ngs:
Brooklyn Park – in-pers on
Columbia H eights – in-person
Crystal – in-person
F ridley – in-pers on
G olden Valley – in-person/hybrid
New H ope – in-person
Robbins dale – in-person
Rogers - in-person
W ith this s urvey, here is a s tacked chart of C O V I D cas es from 8/17 - 10/25. This chart s how s that Brooklyn
Center C O V I D cas es has dropped drama-cally. Brooklyn C enter has not led the county in cas es since 8/17 -
8/30. A ddi-onally, the addi-onal equipment has been installed and tested in the C ity C ouncil Chambers and
is ready to go.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera-onal Excellence
AT TA C H M E N TS :
D escrip-on U pload D ate Type
C O V I D cases s tack chart 11/5/2021 Backup M aterial
C O V I D cases s preadsheet 11/5/2021 Backup M aterial
COVID Cases by in Hennepin County
City 8/17-
8/30
8/24-
9/6
8/31-
9/13
9/7-
9/20
9/14-
9/27
9/21-
10/4
9/28-
10/11
10/5-
10/18
10/12-
10/25
Bloomington 41 40.8 43 46.6 42.2 39.1 42.3 42.2 39.3
Brooklyn Center 54.4 39.8 41.4 44.3 44 52.8 50.2 41.1 37.5
Brooklyn Park 42.6 39.1 40.9 46.1 47.6 52 52.3 45.6 54
Champlin 41.3 40.4 40 45.8 57.6 63.3 59.6 47 43
Crystal 41 34.9 40.6 44.9 51 51.5 49.7 49.8 49
Eden Prairie 32.1 31 36.3 38.2 38.3 41 44.6 37.1 34
Edina 24.8 23.1 29.1 32.9 29.3 37.9 46.3 54.1 57.7
Golden Valley 24.8 24.3 26.7 27.1 32.3 44 52.4 47.5 47.5
Hopkins 29.5 32.2 35 35.5 35 43.7 37.2 50.1 42.6
Maple Grove 31.2 33.8 36.9 42.4 44.4 54.8 63.2 33.3 41.5
Minneapolis 27.7 28.1 32 35.4 36.2 38.5 39.1 53 46.3
Minnetonka 36.3 31.6 30.8 34.8 35.8 41.3 47 34.5 30.6
New Hope 35.8 37.8 40.1 43 45.4 60.7 66.4 42.4 38.8
Plymouth 32.9 32.9 36.8 35 34.2 42.6 47 47.8 38.7
Richfield 31.7 40.6 38.9 33.1 32.8 38.6 48.6 40.3 39.1
Robbinsdale 33.9 26.3 31.1 38 40.1 53.2 64.3 39.7 30.3
Rogers 47 45.4 54 65.7 62.6 61.8 74.4 51.2 31.1
St. Louis Park 25 26.4 31.4 38.2 37.6 35.5 38.2 74.4 67.3
**Other NW
Suburban HC 28.8 24.6 29.2 36.6 36.9 45.4 50.5 34.3 39.2
***Other W/S
Suburban HC 33.5 30.7 34.5 44 55.3 62.6 62.6 40.5 44.7
HC Total 32.5 31.7 35 38.7 39.7 44.2 46.9 57.4 49.4
C ouncil Study Session
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:D r. Reginald Edw ards , C ity M anager
S U B J E C T:M ee*ngs w ith Common S ens e
B ackground:
C IT Y C O UNC IL
M E E T I NG
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection via
telephone Dial: 1-312-626-
6799 Meeting I D:
85664318588# Passcode:
997830#
November 8, 2021
AGE NDA
1.Informal Open Forum with City Council - 6:45 p.m.
Provides an opportunity for the public to address the C ounc il on items which are not on the
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to
make personal attacks, to air personality grievances, to make political endorsements, or for
political campaign purposes. Council Members will not enter into a dialogue with presenter.
Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time
for problem solving or reacting to the c omments made but, rather, for hearing the presenter for
informational purposes only.
I will first c all on those who notified the Clerk that they would like to speak during open forum,
and then I will ask if any one else c onnected to this meeting would like to speak. W hen I do,
please indicate y our name and then proc eed when I call on you. Please be sure to state your
name and address before speaking.
2.Invocation - E lliott - 7 p.m.
3.Call to Order Regular Business M eeting
This meeting is being conduc ted electronic ally under Minnesota Statutes, section 13D .021 due
to the pandemic. For those who are connec ted to this meeting, please keep your microphone
muted. I f there is an opportunity for public c omment, y ou may unmute and speak when called
upon. Please do not talk over others and any one being disruptive may to ejec ted from the
meeting. The packet for this meeting is on the City's website, whic h is linked on the calendar or
can be found on "City Council" page.
a.Council Norms
4.Roll Call
5.P ledge of Allegiance
6.Approval of Agenda and Consent Agenda
The following items are c onsidered to be routine by the C ity Council and will be enac ted by one
motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which event the item will be removed from the c onsent agenda and considered at
the end of Council Consideration I tems.
a.Approval of Minutes
- Motion to approve the following minutes:
10.18.21 - Joint Council/Financial Commission
10.25.21-Study Session Meeting
10.25.21-Regular Session Meeting
10.25.21-Work Session Meeting
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.Resolution Establishing 2022 S treet and Storm Drainage S pecial
Assessment Rates
Motion to approve a resolution establishing the 2022 street and storm
drainage special assessment rates for street and utility improvement projects.
d.Resolution Establishing I nterest Rate for 2022 S pecial A ssessments
Motion to approve a resolution establishing interest rate for 2022 special
assessments.
e.Resolution Declaring Costs to be A ssessed and Calling for a P ublic Hearing
on Proposed Special Assessments for I mprovement Project No. 2022-01,
Woodbine Area Street I mprovements
- Moti on to approve a resolution declaring costs to be assessed and calling
for a public hearing on proposed speci al assessments for Improvement
Project No. 2022-01, Woodbine Area Street Improvements.
f.Resolution A mending S pecial A ssessment L evy Roll Nos. 21001 and 21002
to P rovide for the Deferral of S pecial A ssessments
- Motion to approve the resolution amending Special Assessment Levy Roll
Nos. 21001 and 21002 to provide for the deferral of special assessments.
g.Resolution A uthorizing the City Manager to Write-off Uncollectible A ccounts
Receivable and Returned Checks
- Motion to approve a resolution authorizing write-off of uncollectible
accounts and returned checks.
h.An Ordinance A mending Chapter 23 to A llow and Regulate Special E vents
and Resolution A cknowledging the F irst Reading of the Ordinance
- Motion to approve a first reading of a Special Event Ordinance and
authorizing a public hearing and second reading for December 13.
i.Resolution A pproving the Contract for the L abor Agreement for L aw
Enforcement L abor Services, I nc. (L E L S Number 86) and the City of
Brooklyn Center for the Calendar Years 2022-2024
- Motion to approve the resolution approving the contract between the City
of Brooklyn Center and Law Enforcement Labor Services, Inc. (L EL S
Number 86) for the calendar years 2022-2024
7.P resentations/Proclamations/Recognitions/Donations
a.Highway 252/I -94 Environmental I mpact S tatement (E I S) Update
Receive a presentation by MnD O T on the current status of the Highway 252/I -
94 E nvironmental I mpact Statement (E I S ).
b.Market Trends & Demand Overview
- Motion to accept the presentation
8.P ublic Hearings
The public hearing on this matter is now open. I will first call on those who notified the Clerk that
they would like to speak to this matter, then I will ask if anyone else on this meeting would like to
speak during this hearing. W hen I do, please indic ate your name and then proceed when I call
on you. Please be sure to state your name and address before speaking.
9.P lanning Commission Items
10.Council Consideration Items
a.An Ordinance A mending Chapter 12 of the City Code of Ordinance
Regarding Tenant Protection and Resolution A cknowledging the F irst
Reading of the Ordinance
- Motion to approve the fi rst readi ng of an Ordi nance Amendi ng Chapter 12 of the
city code of ordi nances regardi ng tenant protections and hol d a publ ic hearing
and second readi ng to be held on December 13, 2021.
11.Council Report
12.Adjournment
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).
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:Barb S uciu, C ity C lerk
S U B J E C T:A pproval of Minutes
Requested Council A con:
- Moon to approve the following minutes:
10.18.21 - Joint C ouncil/F inancial C ommission
10.25.21-S tudy S ession Meeng
10.25.21-Regular S ession M eeng
10.25.21-Work S ession Meeng
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee5ngs must be documented
and approved by the governing body.
B udget I ssues:
None
I nclusive C ommunity Engagement:
None
A nracist/Equity Policy Effect:
None
S trategic Priories and Values:
O pera5onal Excellence
AT TA C H M E N TS :
D escrip5on U pload D ate Type
10/18 Jt C C & F C M ee5ng 11/2/2021 Backup M aterial
10/25 S tudy S es s ion 11/2/2021 Backup M aterial
10/25 Regular S ession 11/2/2021 Backup M aterial
10/25 Work S es s ion 11/2/2021 Backup M aterial
10/18/2021
Page 1
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/FINANCIAL COMMISSION
OF THE
CITY OF BROOKLYN CENTER IN THE
COUNTY OF HENNEPIN AND STATE OF MINNESOTA
JOINT WORK SESSION
OCTOBER 18, 2021
VIA ZOOM
1. CALL TO ORDER
The Brooklyn Center City Council/Financial Commission Joint Work Session was called to order
by Mayor Elliott at 6:35 p.m.
2. ROLL CALL
Mayor Mike Elliott and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan
were present. Councilmember Marquita Butler was absent and excused.
Also present were Financial Commission Chair Taneshia Kragness, Taofeek Ishola, Emmanuel
Kpaleh (arrived at 6:37 p.m.), and Abate Terefe.
Not present were Financial Commissioners David Dwapu, and Dean Van Der Werf.
Also present were City Manager Reggie Edwards, Acting Finance Director Andy Splinter, Acting
Public Works Director Michael Marsh, City Clerk Barb Suciu, and City Attorney Troy Gilchrist.
3. APPROVAL OF AGENDA
There was a motion by Councilmember Ryan and seconded by Mayor Elliott to approve the
agenda. Motion passed unanimously.
4. CONSIDERATION ITEMS
4a. ENTERPRISE FUNDS
City Manager Reggie Edwards introduced the topic and invited Acting Finance Director Andy
Splinter to make the staff presentation.
Acting Finance Director Andy Splinter stated an enterprise fund is a governmental fund that one
would expect to pay for its expenses and ultimately break even. He noted they hope for a profit
from the liquor stores. The hope for utility funds is to make enough to fund future projects and
expenses. Mr. Splinter introduced Liquor Operation Manager Tom Agnes to make the staff
presentation.
10/18/2021
Page 2
Liquor Operation Manager Tom Agnes stated the mission of the department is to operate two
municipal retail liquor stores to provide for the controlled sale and distribution of alcoholic
beverages in the community. Profits from the operations are used to fund projects benefitting the
community and avoiding the necessity of larger property tax levies for such projects. He noted
that they have had to adapt due to COVID-19 and they received an award recognizing those efforts.
Mr. Agnes explained that liquor operations operate within the Fiscal and Support Services
Department and they provide spirits, wine, beer, and related items. They operate two locations,
one of which is over 18 years old and the other is only a little over one year old. Mr. Agnes stated
they typically do special events such as brewery, distillery, and winery trips when it is safe to do
so, and they still have the loyalty rewards program in place. Every year they do a food drive to
support Community Emergency Assistance Program, a pet drive for the Hennepin Humane
Society, and various other events including military supplies and the Fire Department.
Mr. Agnes stated there are some changes in the staffing levels. He noted there are two liquor store
managers and two assistant liquor store managers. They plan to add a full-time lead position to the
new liquor store and another part-time lead position as well as decrease the time of a stocker/clerk
position.
Mr. Agnes then showed a slide breaking down the financials of the liquor operations. He noted
the total amount ends up the same although there has been a decrease in beer sales and an increase
in hard alcohol sales. As far as operating expenses, there are two large pieces. The capital outlay
will increase from $500,000 to $2.5 million to rebuild Store #2. He explained the plan is to buy
land this year and build the store next year.
Mr. Agnes stated the key initiatives for 2022 include staff development, upkeep of stores, and
responding to customer needs. They will continue the Greet-Understand-Explain-Suggest-Thank
model training with employees, and they will continue to get staff trained on Product Information
Training. Mr. Agnes stated the Store #2 will begin the replacement process with a land purchase
in 2021. As far as responding to customer needs, they will be upgrading the rewards program to
include outgoing communication. He explained they will begin collecting text numbers and emails
to send out digital coupons on customer birthdays, special occasions, or if they have not visited
the store in a while. They are also working on an e-commerce site through Uncorked.
Mr. Agnes showed a slide with 2022 Performance Objectives. He stated they try to keep inventory
variance levels under $10,000. Mr. Agnes stated it was higher in the last couple of years as Store
#2 was looted at $21,000 in 2020 and the major looting at $269,000 earlier in 2021. He noted the
bottle locks they added a couple of years ago have been very effective in decreasing inventory
variance levels. Mr. Agnes stated they hit 14,000 rewards members last year, which was over their
goal of 10,000 members. This year they surpassed their goal again with 27,000 rewards members,
and they hope to continue growing it next year. He added they are at a 100% rate compliance
checks passed, and they plan to keep that record up.
Mr. Agnes stated they surpassed their goal related to a Facebook presence, and their goal is for
10/18/2021
Page 3
900 likes in 2022 and to upgrade the account to a business account. They did not meet their Twitter
followers goal, but they have since designated a specific person to run that account and expect that
to increase followers. Mr. Agnes stated they did not push the Instagram account very hard last
year, but they hope it continues to increase as the staff puts more focus on social media. He noted
they are also working on their LinkedIn profile to help with the staffing shortages. Mr. Agnes
stated they hope to have a full year of being open in 2022 and can then contribute to the City’s
Capital Improvement Fund.
Councilmember Ryan asked if the liquor stores scan the back of drivers’ licenses during the
checkout process. Mr. Agnes confirmed that is how they check identification at their stores. He
noted there are a few situations where the barcode doesn’t work, but the staff can input the
information by hand. Councilmember Ryan asked if the barcode identifies if a customer is not
allowed to purchase alcohol due to a previous criminal conviction. Mr. Agnes stated there are
instances where there is a note on the back of the ID, but that information is not pulled into the
system.
Mr. Splinter stated the next presentation would be on the Earle Brown Heritage Center and
introduced Earle Brown Heritage Center General Manager Bruce Ballanger to begin the
presentation.
Earle Brown Heritage Center General Manager Bruce Ballanger stated the center has had a tough
year with COVID-19, but the recent months have begun to look more like the time before COVID-
19. The mission of the Heritage Center is to deliver a high-quality customer experience by
providing exceptional customer service and extraordinary food service in an uncommon setting.
Mr. Ballanger stated there are four divisions within the Heritage Center: the convention center,
administrative services, catering services, and commercial office rentals. He noted that one of
their tenant’s leases will be ending this year and the management agreement with Flik International
for the food and beverage portion of the operation has been renewed and is in place through 2026.
Mr. Ballanger stated they budget for 25 staff, but they are currently operating with only 13 staff,
11 of which are full-time and six part-time staff. They plan to slowly bring people back as the
revenue returns, but they do not anticipate being fully staffed until the end of 2022.
Mr. Ballanger explained the key initiatives include customer intimacy, community image,
inclusive community engagement, and financial stability. Their goal is to increase the current level
of 90% repeat corporate clients by reviewing feedback from event evaluations and growing their
creative team. He noted they have been in business for 32 years, and they are proud of the business
they bring to the City. As for inclusive community engagement, they hope to host a community
experience in 2023 or 2024 once funding becomes available. In 2022, they already have $2 million
booked, which is higher than the $1.7 million figure they have reached in the last two years. Mr.
Ballanger noted they are hoping to transfer $150,000-$200,000 to the Capital Improvements Fund
in 2022.
Mr. Ballanger stated they have a marketing firm assisting them in their marketing efforts, and they
10/18/2021
Page 4
hope to add a minimum of 20 new corporate clients in 2022. Another annual goal is to build
interpersonal relationships with clients and showcase food and beverage services. Mr. Ballanger
stated they aim to be responsible for the environment by reducing resource use and food waste.
They are working on reducing their electrical consumption by upgrading light figures, and they
are a part of the Trim Trax program for food waste reduction.
Mr. Ballanger showed a slide on annual operating goal performance measures and noted they hope
to increase revenue, number of corporate clients, miscellaneous catering sales, and customer
satisfaction rating. He then showed a slide on capital outlay. They have a planned budget transfer
of $0 as they do not have the funds to do so, and the 2021 projects have been adjusted to 2022-
2024. Mr. Ballanger explained their 2022 projects include the Carriage Hall roof and a camera
security system server.
Mr. Ballanger noted some highlights of 2021 include being a COVID vaccine clinic for the State
of Minnesota, Hennepin County, and several community groups. In October and November, they
returned to pre-COVID rentals, and they received a Minnesota Convention Center Relief Grant
from MN DEED for $300,000. He stated the 2022 budget includes moving a name change to an
American Rescue Plan funding request, repairing the Inn flat roof, purchasing a small man-lift,
and doing general maintenance for coffee machines. Mr. Ballanger stated they will continue to
recognize residents by offering a discount for Brooklyn Center businesses and couples.
Councilmember Ryan asked if the Minnesota Convention Center Relief Grant from MN DEED
had any constraints on the use of its funds. Mr. Ballanger stated they had to use the money for
labor, building repair, and door accessibility. Councilmember Ryan asked if there are still other
needs that have gone unmet because of the loss of cash flow. Mr. Ballanger stated that it has
mostly affected the Capital Improvement Plan as they had a 20-year plan, and they have had to
push that. Mr. Ballenger stated the roof on the Inn is leaking, and they have been doing whatever
they can to maintain the building. The original budget for fixing that was $300,000, but since the
cost of rubber has gone up, it will take closer to $425,000 for the entire project. Councilmember
Ryan stated he hopes that the Inn repairs can happen sooner than later to prevent any further
damage.
Mayor Elliott asked when Mr. Ballanger anticipates having additional information on the name
change. Mr. Ballanger stated they are getting a survey together and plan on having a community
meeting in November or December. He explained they are starting with three Doing Business As
names as they are attempting to balance the corporate market and wedding market. Mr. Ballanger
stated as they get feedback, they will present the options to the City Council/Financial
Commission.
4b. UTILITY FUNDS
Mr. Splinter introduced the topic and invited Acting Public Works Director Michael Marsh to
make the staff presentation.
Acting Public Works Director Michael Marsh stated the mission of the Public Works Department
10/18/2021
Page 5
is to responsibly provide for the maintenance and operations of the City’s infrastructure and
facilities in a quality, cost-effective manner. Mr. Marsh showed a slide detailing the numbers of
various public works items they oversee. He then showed a slide about the strategic function of
public utilities including water, sanitary sewer, storm drainage, and street light utility. Mr. Marsh
said the staffing levels have remained constant with one supervisor, one engineering technician,
nine maintenance positions, and part-time/summer temporary employees that total to two full-time
positions for a total of thirteen employees.
Mr. Marsh stated the annual goals and strategies include meeting or exceeding the safe drinking
water standards of the State of Minnesota and managing stormwater runoff in an efficient and
environmentally sensitive manner. They manage and enforce the City’s Wellhead Protection Plan
goals and implement Best Management Practices that support the City’s and Watershed’s impaired
waters Total Maximum Daily Load plans. Mr. Marsh added another annual goal and strategy is
to initiate improved, streamlined management strategies and techniques by the use of refund
methods and technologies. They plan to update process flow charging for the utility department
and emergency management and automate the monthly well pumping records and reporting to the
Minnesota Department of Health.
Mr. Marsh showed a slide detailing utility performance measures. They have a goal to have greater
than 60% of millable engineering project staff time and overtime, complete four Citywide rounds
of street sweeping and ten rounds of targeted secondary areas, to have one-fifth of the City’s
sanitary sewer televised, cleaned, root-sawed, lined, and newly piped, have zero private sanitary
sewer backups and have no violations of drinking water. Over the past year, they met or exceeded
each of the goals.
Mr. Marsh showed a slide listing the key initiatives for the Public Works Department which
included a list of projects they plan to complete in 2022. These projects include woodbine area
improvements, Well 7 rehabilitation, Lift Station 4 rehabilitation, I-94, and Dupont 24-inch steel
water main replacement, water treatment plant redundant water main connection, freeway, and
highway utility crossing replacements, stormwater pond rehabilitation, storm pickup plow
addition, Public Works facility needs survey and a forklift purchase.
Mr. Splinter showed a slide competing utility rates of various cities based on a quarterly billing
cycle of 18,000 gallons usage, which is standard for a residential home. In 2021, a Brooklyn
Center resident would receive a bill of $178.93. He explained the quarterly bill for 2022 would be
$190.32, which is approximately $12.00 more per quarter due to a 9% increase in the water fund,
a 5% increase in the sewer fund, and a 7% increase in the storm fund. He then showed a slide with
a bar graph to compare cities and pointed out Brooklyn Center’s rates are lower than all comparable
cities except for White Bear Lake. He noted that Brooklyn Center has lower rates because they
chose to build a water treatment facility rather than contract with Minneapolis for water.
Mr. Splinter stated they have anticipated debt issues on water, sanitary sewer, and storm sewer in
several of the next upcoming years. They assumed a 3% annual increase in personal services and
a 2% annual increase in operating expenses. He showed a slide reflecting the water utility rate and
cash for 2020-2025. They hope to maintain a cash balance amount similar to what it was at the
10/18/2021
Page 6
end of 2020, which was $3.1 million, and they project a cash balance of $2.5 million at the end of
2025. Mr. Splinter then showed a water utility cash flow bar chart through 2031 and noted they
want to have enough set aside for capital outlay.
Mr. Splinter showed a slide of a bar chart comparing the water utility rate to nearby cities. He
pointed out that in 2022, Brooklyn Center would surpass Fridley in the water utility rate category.
The proposed debt issuance for water is $3.8 million for infrastructure improvements as identified
in the Capital Improvement Plan. He noted there are annual payments of approximately $400,000
beginning in 2023 and the proposed bond issue for water would allow the City to smooth rate
increases over a period of time.
Mr. Splinter showed a chart detailing the sanitary sewer utility rate and cash flow from 2020 and
projected through 2025. He noted the projected cash balance at the end of 2025 would be just
under $3 million. Mr. Splinter then showed a slide with a bar chart reflecting the sanitary sewer
utility cash flow through 2031 and noted they have some larger projects in 2029-2031 that might
require bonding. He explained the proposed debt issue for sewer is for $1.6 million of
infrastructure improvements identified in the Capital Improvement Plan. The annual payments
would be approximately $170,000 beginning in 2022 which would allow the City to smooth rate
increases over a period of time. Mr. Splinter showed a slide comparing the sanity sewer utility
rates to nearby cities and noted Brooklyn Center is more in the middle of the pack for this category.
Mr. Splinter showed a chart detailing the stormwater utility rate and cash flow from 2020 and
projected through 2025. He added the projected cash balance at the end of 2025 would be about
$1.8 million. Mr. Splinter then showed a slide with a bar chart reflecting the sanitary sewer utility
cash flow through 2031 and noted the cash balance will dip down a bit in 2023. He stated they are
proposing debt issuance of $940,000 of infrastructure improvements as identified in the Capital
Improvement Plan which equates to annual payments of around $100,000. While displaying a bar
chart comparing the stormwater utility rate to nearby cities, he mentioned Brooklyn Center is in
the lower end.
Dr. Edwards clarified that the comparison charts include the City’s proposed 2022 numbers and
neighboring cities’ 2021 numbers.
Mr. Splinter showed a slide depicting a chart with street light utility rate and cash flow through
2025 and explained they do not have a bond issuance projected. He noted it is higher in 2021 and
2022 because of phase two of the Brooklyn Boulevard project. They are working on decreasing
the cash balance of the fund because there is not as much capital outlay, but the projections follow
the minimum targeted balances. Mr. Splinter stated they are not proposing a rate change in 2022.
Mr. Splinter showed a slide with details on the recycling utility rate and cash flow through 2025.
He noted there is not much change there since the city of Crystal handles their pickup. They have
a current balance of about $200,000 and will potentially use the extra cash to have a community-
wide cleanup day.
Councilmember Ryan asked when the next scheduled curbside pickup is. Dr. Edwards stated that
10/18/2021
Page 7
staff would follow up with that information. Councilmember Ryan stated he has heard that
initiative has widespread support from the community. Dr. Edwards stated staff will look at the
budget further and noted they hope to have an annual curbside pickup.
Mayor Elliott mentioned some residents put items on their curb for other community members to
take and salvage. He stated they should educate the community on this issue. Councilmember
Ryan stated he sees items on the curb that are usable and marked as “free” which is fine.
Councilmember Ryan noted the ordinance enforcement personnel are still facing issues so the City
should further educate the community.
Commissioner Kpaleh stated he regularly sees only one of the metal streetlights lining Brooklyn
Boulevard and asked why that is.
Dr. Edwards stated the City Engineer is not on the call, but he will get an answer for Commissioner
Kpaleh. Mr. Marsh added those should be working, so he will also follow up with the City
Engineer.
5. FUTURE BUDGET DISCUSSIONS
5a. DECEMBER 6, 2021 – PUBLIC HEARING AND BUDGET PRESENTATION
Noted.
6. ADJOURN
There was a motion by Mayor Elliott and seconded by Councilmember Ryan to adjourn the
meeting. Motion passed unanimously. The Brooklyn Center City Council/Financial Commission
adjourned at 7:45 p.m.
10/25/21 -1-
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
OCTOBER 25, 2021
VIA ZOOM
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at
6:00 p.m.
ROLL CALL
Mayor Mike Elliott and Councilmember Marquita Butler (arrived at 6:05 p.m..) and April Graves
(arrived at 6:07 p.m.), Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager
Reggie Edwards, Fire Chief Todd Berg, Interim Police Chief Tony Gruenig, and City Clerk Barb
Suciu.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
City Manager Reggie Edwards requested a revision to the agenda to consider Item 3 Snow
Emergency Discussion before Item 1 in the interest of guest attendees.
The Council approved reordering the agenda.
Councilmember Lawrence-Anderson asked if they were going to give final recommendations for
Commission applications that evening.
Mayor Mike Elliott stated those will have to be at the next meeting as there was no time to get
the applications before this meeting.
Councilmember Lawrence-Anderson requested the following change to the Regular Session
minutes of October 11, 2021: on page 16, to reword “Paul Oman does bring experience with
unique housing” to “Paul Oman does bring unique housing experience.”
The Council agreed with this revision.
MISCELLANEOUS
IN-PERSON MEETINGS
Dr. Edwards noted the Council ended the local emergency, but they did not address the issue of
Council to return to meeting in person. He asked if Council had an anticipated time frame to return
to in-person meetings.
10/25/21 -2-
Mayor Elliott stated it is an evolving situation, and it is difficult to forecast. He stated it depends
on how the virus proceeds, the rates of infection, and how things improve.
Councilmember Ryan stated he would feel more comfortable receiving clearer guidance from the
Minnesota Department of Health before deciding as it would be a professional assessment of risk.
Councilmember Lawrence-Anderson stated she would defer to her colleagues. She noted she is
curious about what other cities are doing and that some residents would like a return to in-person
meetings.
Mayor Elliott stated that some cities are entirely remote while others are using a hybrid approach.
He noted Brooklyn Center has a higher infection rate than other neighboring cities.
Dr. Edwards stated Staff can provide information on how the virus is affecting the community and
compare it to when they transitioned to virtual meetings. He invited Fire Chief Todd Berg to share
his insight on the matter.
Fire Chief Todd Berg stated he does not have an idea of what other cities are doing, but last week
he saw that Brooklyn Center moved to the middle of the pack for Hennepin County cities. He
confirmed that the City was often the highest early on, but they have stabilized in the last couple
of weeks.
Councilmember Lawrence-Anderson asked if Staff could find out how many cities are doing a
hybrid model and if Brooklyn Center has the technology to do a hybrid model whenever they do
return to in-person meetings.
Dr. Edwards stated they anticipate being able to have meetings in a hybrid format going forward.
City Clerk Barb Suciu stated the tentative installation date for that technology is November 1.
NOVEMBER 1 WORK SESSION ON PUBLIC SAFETY RESOLUTION
Mayor Elliott clarified that the session would be held on November 8 as November 1 is the start
date for a couple of relevant positions.
Councilmember Ryan stated he is fine with a November 8 Work Session as long as Dr. Edwards
sets the agenda for that session. He stated he wants to hear from the City Manager because there
are issues on how the Staff can support this Resolution.
Mayor Elliott stated this particular presentation is the responsibility of the Mayor as he is the chair
of the Implementation Committee. He stated the City Manager is going to be on the agenda to
provide any relevant information, but for Councilmember Ryan to demand Dr. Edwards to create
the agenda is deeply undermining the process they set up.
Councilmember Butler stated that most of the Council gave input on what they would like covered
10/25/21 -3-
at a Work Session on the Public Safety Resolution.
Councilmember Graves asked when they would receive the agenda. Mayor Elliott stated Council
would receive the agenda on Thursday before the meeting.
Ms. Suciu asked if the November 8 meeting would be a special Work Session. Mayor Elliott
confirmed it would be a special Work Session as it was not an originally planned Work Session.
Ms. Suciu noted November 8 is a regularly planned Council meeting.
Mayor Elliott stated there is no agenda on that day, so there will be an agenda focused on the
Resolution and its implementation.
Councilmember Graves stated she thought the extra meeting was on November 1. Councilmember
Lawrence-Anderson noted that was her understanding as well.
Ms. Suciu stated they do have a special Work Session scheduled. At the beginning of the year,
they scheduled extra Mondays which would have been on November 1. She explained November
8 is a regularly planned Council meeting.
Councilmember Graves stated she was under the impression that they would be meeting on
November 1, and it is not a good idea to squeeze this topic into a regular meeting.
Councilmember Lawrence-Anderson agreed as did Councilmember Ryan.
Mayor Elliott stated the issue with the November 1 date is that is the first date they have the
Community Engagement Specialist Fellow and the Data Analyst. Therefore, having the meeting
on November 1 would not allow for them to have time to speak to some of the items identified by
the Council on their first day of work. He stated if they cannot have the meeting on the 1st or the
8th, then he would suggest having it during the week.
Councilmember Butler stated she believes they had decided to cover what they could on November
1 and then have another follow-up meeting to include the FUSE fellows. She noted she would
rather have just one meeting, but she does not believe it is a good idea to have during a regular
Council meeting.
Mayor Elliott stated he is proposing November 11 and added that is the 180-day deadline to report
back on their progress.
Councilmember Lawrence-Anderson added she would like to maintain the November 1 date. She
noted November 11 is Veteran’s Day, which is a staff holiday. She understands the FUSE fellows
would be new, but she believes they will need multiple sessions as there is a lot to discuss.
Mayor Elliott stated as long as they have the understanding that there may be some information
that the Council is seeking that may not be available on November 1, then they can move forward
with the November 1 date. He noted he does think that a later meeting would be more fruitful.
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Councilmember Graves stated they should move forward with the November 1 date and offered
the idea to get to know the FUSE fellows better at the date. From there, they could identify some
action items and topics for future meetings.
Councilmember Ryan stated he would advocate for the November 1 Work Session and a follow-
up session considering the amount of time this topic may take.
Mayor Elliott stated they would move forward with a Work Session on November 1.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
SNOW EMERGENCY DISCUSSION
Dr. Edwards stated that this was a conversation the Council had a couple of meetings ago on the
possibility of doing away with the snow emergency. He stated Staff has prepared information to
address the inequalities and towing issues that Council had brought up earlier. He introduced
Chief Berg to present on the topic.
Chief Berg noted the policy was developed with an emphasis on public roadway safety for
residents and visitors. Through careful and purposeful planning, they developed this plan that was
approved by Council on November 4, 2018. He noted they were careful to make this as easy as
possible and launched a public education campaign so that a majority of the community was aware
of the change. They asked their Community Service Officers to use superior customer service
when approaching parked car owners during snow emergencies. He noted they aimed to have
maximum roadway safety with as little impact on residents.
Chief Berg showed a slide with some pictures of snowplows navigating the streets after a snowfall.
He noted the plows are extremely wide and do require as much use of the road as possible.
Chief Berg stated additional signage addressing the snow emergency regulations was added
throughout the City with orange flags marking the new signage. The police performed ‘knock and
talks’ asking owners to move vehicles and informing them of the ordinance asking them to move
cars before writing citations or towing vehicles. Vehicles were released if the owner appeared
before completing the tow, unlike other snow emergency cities. He added they encouraged vehicle
owners and citizens to visit the website and utilize the City’s ‘Notify Me’ platform, which is Now
Code Red and advertised the snow event on community social media pages and other information
outlets.
Chief Berg showed a slide detailing snow event data. In the 2018-2019 season, there were eight
snow events, and in the 2019-2020 and 2020-2021 seasons there were four events each season.
The tows decreased over the years.
Chief Berg noted some benefits of having a snow emergency ordinance include making it easier
for Public Works Staff to maintain roadways, keeping the streets clean and open for emergency
personnel, making it easier for law enforcement to identify suspicious vehicles in neighborhoods,
decreasing hazardous plow-around, and addressing citizens’ complaints about plow-around.
10/25/21 -5-
Chief Berg stated they would like to start a pilot program to allow for public parking at 16 parks
that have 20 different parking lots available. He noted they would ask the cars to be moved within
24 hours after the snow emergency is lifted, which is pretty standard for surrounding communities
with snow emergencies.
Councilmember Lawrence-Anderson stated this is a step in the right direction and she would like
a pilot program implemented for the upcoming season.
Councilmember Ryan asked if Staff had approached churches to ask if their lots could be used for
additional parking. Dr. Edwards stated they have not had the time to do that yet. Councilmember
Ryan stated he agrees with the program and noted the City needs to retain the ability to tow cars.
Chief Berg stated the ordinance was not created to penalize people but to have safe roads in
Brooklyn Center.
Mayor Elliott noted the burden towing can be on community members. With the goal of resident
economic stability, they need to make sure they do not put residents into a situation that hinders
them from going to work or doing what they need to do. He stated he would consider the option
of ticketing rather than towing so that people could still use their cars to get to work. Mayor Elliott
noted a neighboring city stopped enforcing their ordinance due to the inequality it caused in their
community.
Dr. Edwards stated they have taken every measure to eliminate towing and the parking options are
ultimately an incentive for residents.
Councilmember Butler noted she appreciates the ‘knock and talks’ that law enforcement
performed and asked if the Police Department’s current capacity can continue to support that
initiative.
Interim Police Chief Tony Gruenig stated he believes they can continue that service with their
current staffing levels. He noted they are trying to add staff to their Department. Chief Gruenig
noted they did not have a towing ordinance before this, and that led to frustration with
noncompliance. They could have written a citation, but that doesn’t create compliance from the
community. He added they do not want to tow vehicles, but they need to maintain roadway safety.
Councilmember Butler stated another way to get the information out would be to distribute
information to apartments and local businesses in the community and to post a sign if they would
allow it. She added she is okay with moving forward with the pilot program as long as they
continue the ‘knock and talks’ and exhaust every option to communicate the program to the
residents.
Councilmember Graves stated she agrees they need to keep the ‘knock and talks’. She added it
could be helpful for people to know when their area would be scheduled to be plowed so residents
could have a better idea of when to move their cars. She noted residents that who typically have
their area plowed earlier in the day are at a disadvantage, so it could be helpful for them to know
10/25/21 -6-
a time frame of when their cars need to be moved. Councilmember Graves stated she would
ultimately entertain the idea of the pilot program. Councilmember Graves noted she voted against
this ordinance when it first came up, but if they can revisit the pilot program partway through the
season and pursue suggestions of the Council then she would be willing to try it out.
Councilmember Ryan stated it should be a priority to make all efforts to avoid towing of cars, but
safety is his ultimate concern.
Mayor Elliott stated there is consensus to move forward with the pilot program.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Mayor Elliott closed the Study Session at 6:55 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. That 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 October 25, 2021.
2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn
Center City Hall.
3. That the City Council adopted said minutes at its November 8, 2021, Regular Session.
City Clerk Mayor
10/25/2021 -1-
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
OCTOBER 25, 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 6:55 p.m.
ROLL CALL
Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, City Engineer Mike
Albers, Community Development Director Meg Beekman, City Clerk Barb Suciu, and City
Attorney Troy Gilchrist.
Mayor Mike Elliott opened the meeting for Informal Open Forum.
Ms. Daniels stated she heard that the Police Department is constructing a permanent fence around
its Department, and she wanted to confirm if that is accurate.
Dr. Edwards stated he will follow up with her regarding that question.
Mayor Elliott asked Dr. Edwards to follow up with the Council with that information as well.
Mayor Elliott moved and Councilmember Ryan seconded to close the Informal Open Forum at
6:59 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Graves read a poem she wrote in the late 1990s.
“The Battle. Let’s stop to think about our history, not just the last five or ten years of our own
lives, but the world’s history. It’s no mystery what we’ve done to ourselves, to our world. Even
the eagle has been shot down, our national bird. And it’s been heard, therefore it’s been said that
all that our world could have had is now dead. We’ve exhausted the possibilities, unfulfilled our
responsibility, ignored our abilities to create a lasting environment of love between people, left the
state of communication throughout the state of humanity feeble. Let’s sit, recollect, remember
10/25/2021 -2-
what we destroyed by centuries of neglect. In 1492, Columbus sailed the ocean blue. After a hard
month at sea, Columbus and his crew reached land finally. They took over the land, set up trading
posts, proving to the Natives that money meant the most. And as mercantilism grew, took out any
culture. Survivors were only a few. Fransisco Pizarro invades Peru with lust for riches of fire. So
with intense and no regrets, he conquered the Incan Empire. World War II, slaves, inescapable
persecution, countries too stuck in their ways to try to find the solutions. The systemic instruction
of over six million European Jews, the Salem Witch Trials, hanged, burned, and murdered but all
falsely accused. The secret society to establish and maintain white supremacy. How could any
man use racism to take away independency? The Berlin Wall, a long-lasting blockade to prohibit
individuals. The nonviolent man, the end to the Martin Luther Kingdom. In 1941, the Japanese
attacked the Naval Base at Pearl Harbor. 24,000 people murdered in one single hour. The blood
and the sickness of the Middle Passage, war and death, choking on gasses. Slavery being called a
necessary evil and then a positive good. God, please help the men asked to kill and, without
hesitation, could. It goes on forever; there may be no end. But still, we continue to sit and pretend,
ignore, push away. But please stop and listen to what I say. Distortions, rape, murder, suicide, a
choice between Heaven and Hell, redemption, but still so many refuse to decide. Betrayal, incest,
segregation, the whole world is crying because we are dying as a universal nation. We destroy our
ozone and beat our wives. Can we please take the time to look at our lives? Stop the madness.
It’s created so much sadness and left so little room for gladness. Unless we can all join together,
through different cultures, race, and status. Together, this universal problem will become less
complex. Gathering as one in the fight to bring love back. But do we lack the motivation we need
to stand as a unified empire? Or is it just that we are scared to acknowledge the want, the need to
aspire. Negativity is dominating our world, and there is nothing more that I alone can do. The
truth is whether we win or lose this battle is left up to all of you.”
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott
at 7:04 p.m.
4. ROLL CALL
Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-
Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, City Engineer Mike
Albers, 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
Councilmember Ryan moved and Mayor Elliott seconded to approve the Agenda and Consent
Agenda, as amended, with amendments to the regular session minutes of October 11, 2021, and
the following consent items were approved:
10/25/2021 -3-
a. APPROVAL OF MINUTES
1. October 11, 2021-Study Session Meeting
2. October 11, 2021-Regular Session Meeting
3. October 11, 2021-Work Session Meeting
b. LICENSES
INITIAL (TYPE IV – six-month license)
2018 54th Avenue N. Giselle Oo
7243 Emerson Avenue N. Oscar Martinez Gavina
INITIAL (TYPE II – two-year license)
3101 61st Avenue N. Ross Herman
RENEWAL (TYPE IV – six-month license)
5301 Russell Avenue N. Lee Yan/Midwest GIR met action
Sommerset Place plan requirements
5356 71st Circle Xiaoyan Hu
2006 Brookview Drive MNSF II W1 LLC/GOAL Properties
Missing CFH cert
7169 Unity Avenue N. Soye Chalte
RENEWAL (TYPE III – one-year license)
7015 Brooklyn Blvd. Jason Quilling/Nicollet Flats LLC
Willow Lane Apartments met action plan requirements
3012 51st Avenue N. Sri Lakshmi Valiveti
5737 Emerson Avenue N. Nutida Wong - missing CFH cert
5407 Irving Avenue N. Mark Gonzales – missing CFH cert
And CPTED
5350 Logan Avenue N. Elbrus Mgt./Matthew Forster –
Missing CFH cert & CPTED
Follow up
RENEWAL (TYPE II – two-year license)
6015 Dupont Avenue N. Home SFR Borrower / HavenBrook
Homes – met requirements
5506 Judy Lane Xian Lin / Prosperous Property
RENEWAL (TYPE I – three-year license)
2932 69th Lane Mayerling Rios
5411 22nd Circle Maya Ly / Majestic – Morning
Rental Property
6013 Brooklyn Boulevard Rosa Chiqui
5201 Drew Avenue N. Ahmed Omar
5819 Dupont Avenue N. Tiet Nguyen
5906 Dupont Avenue N. Bruce Goldberg
10/25/2021 -4-
5719 Halifax Avenue N. Paul Zheng / 5719 Halifax Ave LLC
4207 Lakeside Avenue N. #238 Hussein Seman
5924 Washburn Avenue N. Ryam McLuen
c. RESOLUTION NO. 2021-132 ACCEPTING WORK PERFORMED AND
AUTHORIZING THE RELEASE OF FUNDS FOR A CERTAIN
FINANCIAL GUARANTEE BEING HELD BY THE CITY OF BROOKLYN
CENTER (THE SANCTUARY AT BROOKLYN CENTER/FRANA
COMPANIES, INC.)
d. SETTING A PUBLIC HEARING ON PROPOSED UTILITY RATES FOR
2022
e. RESOLUTION NO. 2021- 133APPROVING TRANSFER OF FUNDS TO
CREATE BEAUTIFICATION CAPITAL PROJECT FUND
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PROCLAMATION DECLARING OCTOBER 25, 2021 TO BE DESIGNATED AS
RANDOM ACTS OF KINDNESS DAY
Mayor Elliott stated there are several nominees for Random Acts of Kindness Day. He stated this
was a program established in 1977, and it is the 25th Anniversary of the Program. He noted the
program is meant to recognize residents and organizations that make Brooklyn Center a wonderful
place to live and work.
Mayor Elliott stated the first nominee is Tom Green, nominated by Grace Green. Tom has engaged
in too many selfless acts to list, so I have chosen just one. Tom spends a generous amount of his
time cleaning the city parks and streets. He picks up garbage and cleans graffiti off the sidewalks,
buildings, benches, garbage receptacles, fences, light posts, and other public structures. He has
been a Brooklyn Center for over 60 years and has always been focused on keeping our city clean
and safe. Mayor Elliott added he has seen Tom hard at work cleaning their City.
Kate Green, daughter of Tom Green, stated Tom has been a selfless Brooklyn Center resident for
his entire life. He has watched the City go from beautiful and all-encompassing to deteriorating,
which has been extremely hard on him. She stated instead of getting angry or bitter, he has turned
to improve the community. He takes pride in cleaning up the community and dealing with graffiti
on signs. She noted he is so proud to be a Brooklyn Center resident, and that shines through in all
that he does.
Mayor Elliott stated Diane Sannes was nominated by Allan Hancock. In July 2021, Diane heard
of the process to apply for a grant through Hennepin County for American Rescue Plan Food
Insecurity (ARP) funds. Over $15,000 was awarded in the grant to provide food for our school
10/25/2021 -5-
students. In October, $7,500 of food was delivered to 15 area schools and another 270 cases of
food will be delivered to schools in November.
Allan Hancock stated he really appreciates what Diane has been doing for the community and she
deserves this recognition.
Councilmember Graves stated Nicosia Wynn was nominated by Denise Anderson. Nicoshia has
been Denise’s neighbor for 10+ years and has always been a selfless person; this past summer
Nicoshia was a need in the community to provide affordable academic and enrichment summer
programming for families. Nicoshia started a non‐profit called Relentless Academy and
implemented a tuition-free 10 week SMART (Science, Math, Art, Reading, Technology) summer
program for families in the community. Through her nonprofit, she ensured that families and
students were prepared for school by giving away 200 backpacks filled with school supplies.
Nicoshia has the drive to make a difference for youth and the entire Brooklyn Center Community.
Councilmember Graves stated Brooklyn Center Mutual Aid Group was nominated by Melissa
Carey. The Brooklyn Center Mutual Aid Group and Protestor Safety Group was made up of
residents of Brooklyn Center and many folks who are invested in Brooklyn Center but don’t live
there. The residents were Matt Branch, Adrianne Gould, Alfreda Daniels, and Melissa Carey.
Councilmember Graves noted she was personally grateful for these residents in responding to the
community and its needs. She saw them in action supporting protesters, serving families, and
protecting businesses. She stated their ability to reach across cultures is inspirational and is what
their community needs.
Councilmember Butler stated Phillip Musa was nominated by John Solomon. Phillip owns and
operates ‘The Handz On’ barbershop in the Humboldt Square Plaza where he not only provides a
service but he uses his location as a connection to a diversity of needs. Many stop in to attain
information on important things to know about our community and to advise him of issues and
concerns. He assists those in need with food and other resources. Many people stop in just to drop
off things that others may need so that they can disperse them to families in need. He has been
known to give free haircuts to men who need to look appropriate while going to job interviews.
This summer, he collected and gave out free children’s books to families and collaborated on a
block party to promote safety, resources, and support for businesses in Humboldt Square Plaza.
Every day he shows the spirit of what we want to see in Brooklyn Center and what we need to
promote unity as a city as we learn to celebrate diversity, inclusion, and the great things we can do
together to be even greater as a city.
Councilmember Butler stated Diane and Darryl Sannes were nominated by Allan Hancock. These
neighbors have picked up hundreds of pounds of waste in 2021 along the Mississippi River. Diane
is also very active in keeping the storm drains clear so only rainwater goes down the drain.
Councilmember Butler noted she is also grateful for their hundreds of contributions to the
community.
Allan Hancock stated he appreciates what both Diane and Darryl Sannes do for the community
and both deserve this award.
10/25/2021 -6-
Matt Branch from the Brooklyn Center Mutual Aid Group stated he wanted to thank
Councilmember Graves for recognizing Melissa Carey and her efforts.
Melissa Carey, a member of the Brooklyn Center Mutual Aid Group, stated after the murder,
Adrianne Gould immediately set up community resources. She noted Alfreda Daniels got the word
out to her network while being nine months pregnant. They both made it a priority to care for the
children in the community. Melissa Carey added Matt Branch was key to decreasing the violence.
She stated another concerned resident went door-to-door to find translators to reach out to folks.
Adrianne Gould, another member of the Brooklyn Center Mutual Aid Group, thanked Melissa
Carey for the nomination and Alfreda Daniels for all of the coordination efforts and modeling
resiliency and self-efficacy.
Councilmember Butler stated she wanted to thank Brooklyn Center Mutual Aid Group and others
who were not listed in the award. She added Melissa Carey has always been a great community
member.
Alfreda Daniels stated she wanted to thank Adrianne Gould and Matt Branch for answering the
call in the middle of the night. She also wanted to thank the folks that showed up to answer the
call to be out in the community. Alfreda Daniels stated she wanted to thank her daughter as she
came five weeks early due to the stress she faced at that time.
Councilmember Lawrence-Anderson stated Kathy and Don Winn were nominated by Ginny Exel.
Kathy and Don Winn have helped many friends, neighbors, church members, and anyone who has
special needs. When Ginny hurt her back, they brought over a cane, walker, and food. At church,
they serve on the council, choir, and in the kitchen for funerals. When people are ailing, the Winns
have run errands to help out. Councilmember Lawrence-Anderson noted she does not personally
know Kathy and Don Winn, but they embody what being a community member means.
Councilmember Lawrence-Anderson Darryl Sannes was nominated by Allan Hancock. Over
Labor Day weekend, the planters in front of City Hall were freshened up by Darryl Sannes. He
has since been watering them daily so residents, visitors, and city employees can enjoy these
flowering plants as they are welcomed to our Brooklyn Center City Hall. Councilmember
Lawrence-Anderson stated that is a beautiful gesture.
Allan Hancock stated it is wonderful to see the plants and he appreciates the time Darryl has put
into that.
Councilmember Ryan stated Lucinda Kircher was nominated by Danna Mickelson. The three big
planters to the entrance to the Community Center needed major attention. Lucinda not only took
the time to remove all the weeds that had taken over the planters, but she also planted a variety of
flowering plants to beautify the sidewalk to the entrance.
Councilmember Ryan stated Prophetess Victoria Toure was nominated by Jacqueline Kofa Swen.
Victoria Toures always donates food and clothes to shelters and the homeless on the roadside. She
not only gives food, but she also donates blankets and hygiene supplies as well. Jacqueline Kofa
10/25/2021 -7-
Swen believes Prophetess Victoria Toure deserves this award because she has left an impact on
the people around her.
Jacqueline Kofa Swen stated she has done Prophetess Victoria Toure several things to help the
community and thought this was a great opportunity to shine a light on her service. She added she
appreciates that the Council recognizes community members in this way.
Councilmember Graves stated Diane Sannes was nominated by Alan Hancock. Diane saw the
need to appreciate teachers and school staff in the 15 area Brooklyn Center schools. Funds were
raised and, in May 1400 teachers and school staff were served a pizza lunch for the hard work
these individuals do every day to help the community’s children. Councilmember Graves noted
she agrees the school staff deserves a pizza lunch at the very least for all that they do.
Diane Sannes noted it was the efforts of Walmart and Luther Toyota and other community people
for those funds.
Councilmember Graves stated Lois Purdham-Kidane was nominated by Diane Sannes. Garden
City Elementary School in the Osseo School District needed face masks for young children, and
members of the Brooklyn United Methodist Church immediately offered 125 homemade masks.
The sewers at church were Lois, Alice, Carol, Diane, Jill, Kathy, Ann, and others who kept making
masks and were able to deliver another 100 masks fall of 2021. Councilmember Graves added she
appreciates this work to keep their youth safe in their return to school.
Lois Purdham-Kidane stated there was a team of 17 people that go together as far back as April of
2020 to sew masks, and they produced over 3200 masks. She explained they are closer to
providing 260 masks to Garden City Elementary School. They have also given masks to West
African Family Services, Maranatha, Prairie Home Care, Community Emergency Assistance
Programs, and other places outside of Brooklyn Center. She noted they can make more masks as
needed.
Diane Sannes noted that Lois Purdham-Kidane and other community members have donated their
fabric, thread, elastic, and filters for the projects.
Councilmember Butler stated Apostle Samuel Toure was nominated by Chinto Cooper, Maureen
Watson, and Georgia Toe. Mr. Toure has fed and clothed the homeless for years. He cares for
everyone around him and he is willing to go above and beyond for anyone at any time. Mr. Toure
has helped residents when folks’ cars broke down multiple times. He would jump-start their cars
multiple times, assist them in moving into their new apartment, and always puts others’ needs
before his own.
Chinto Cooper stated Apostle Samuel Toure has done so much to support and serve youth in the
community. She noted not all of his efforts are listed in the nominations, but he always puts others
before himself and helps people to come together. Chinto Cooper stated she sees him as a father
figure, and he has done so much to turn people’s lives around.
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Apostle Samuel Toure stated he appreciates Brooklyn Center and thanked Chinto Cooper for the
nomination. Apostle Samuel Toure added he always wants to be someone available to help others
and he gives God the glory for the opportunity.
Councilmember Butler Leon Shannon was nominated by Ken Shallbetter. Ken Shallbetter was out
in front of his house using a 5‐gallon bucket to assist me kneeling onto a cushion to pull some
weeds. While getting up, either his hand slipped or the bucket twisted, and Ken Shallbetter fell
headfirst into a wooden flower box. His glasses went flying as a result of my face hitting the edge
of the planter. He tried to get up but to no avail. His wife noticed and ran and got Mr. Shannon,
their neighbor, who helped lift Ken Shallbetter back into his walker and stayed with him until he
was able to move on his own.
Councilmember Lawrence-Anderson stated Allan and Darnell Hancock were nominated by Darryl
Sannes. Allan and Darnell helped remove litter from the banks of the Mississippi River in
Brooklyn Center. Cleaning the riverbank is hard work as there is much trash and litter during the
springtime high water. Diane Sannes stated they picked up a large amount of trash and thanked
Allan and Darnell Hancock for their efforts.
Councilmember Lawrence-Anderson stated Pastor Moore was nominated by Diane Sannes. In
April 2021, Pastor Moore led the community in the “Prayer for Healing” event. Diane Sannes
stated she was grateful for Pastor Moore’s efforts.
Councilmember Ryan stated Brooklyn Center Cub Foods was nominated by Friends of the
Brookdale Library. Over 270 cases of food funded by Hennepin County American Rescue Plan
Act (ARP) Funds were ordered from the Brooklyn Center Cub with the assistance of Store
Manager Jamar Hester and Assistant Store Director Dave Boudin. The Brooklyn Center Cub
Foods staff provided food items at the best price so more products could be purchased. Cub Foods
staff also helped deliver the food cases to areas schools. Councilmember Ryan added Cub Foods
is an excellent store and is always clean, and this is just one example of how Brooklyn Center
benefits from a business like Cub Foods being in the community.
Councilmember Ryan stated Brooklyn Center Lions Club was nominated by Friends of the
Brookdale Library. Over 270 cases of food were delivered to six area schools by Brooklyn Center
Lions Club. Councilmember Ryan noted he was very happy to read this nomination due to his 13-
year membership with the Lions Club.
Bud Sorenson, a member of the Brooklyn Center Lions Club, stated the Brooklyn Center Lions
Club has been serving the community for over 60 years. They have had various donations and
programs for several years.
Councilmember Lawrence-Anderson stated Brooklyn Center Liquor Store Employees was
nominated by Bobby LaRose. This summer the employees at the Brooklyn Center Liquor Stores
raised money from kind donations from customers for the Brooklyn Center Fire Department.
Donations will go to outfitting firefighters with bulletproof vests. Employees were able to raise
$1,671.60 and other local businesses donated a total of $32,500 for a total of $34,171.60. This
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will buy 38 vests to keep their firefighters out there. Councilmember Lawrence-Anderson noted
her appreciation for the fundraising and contributions from other businesses.
Mayor Elliott stated Einstein Bagels Store Manager Reece Gopaul was nominated by Diane
Sannes. Einstein Bagels Store Manager Reece Gopaul donates its end-of-the-day bagels to local
nonprofits.
Mayor Elliott read the in full Proclamation Declaring October 25, 2021, to be Designated as
Random Acts of Kindness Day.
7b. BROOKLYNK PROGRAM UPDATE AND ANNUAL OVERVIEW
Dr. Edwards introduced the topic and invited Community Development Director Meg Beekman
to continue the presentation.
Community Development Director Meg Beekman stated one of the strategic priorities is resident
economic stability. Some of the components to address include workforce development and
creating pathways. BrookLynk is a partnership program between Brooklyn Park and Brooklyn
Center and is housed under Brooklyn Park that addresses such components. Ms. Beekman
introduced BrookLynk Program Manager Catrice O’Neal to continue the program overview and
update.
BrookLynk Program Manager Catrice O’Neal stated the mission of BrookLynk is to coordinate
partnerships that prepare employers to engage the next generation of workers and to connect young
people in the Brooklyns’ facing barriers to employment with the skills, experiences, and
professional social networks needed to develop their pathway to college and career. She added
there are four staff members.
Ms. O’Neal stated in 2021, they provided Get Ready! Youth Work Readiness Training that serves
youth 14-24 who live in suburban North Hennepin. They also provided supervision training,
coordinated summer internships, maintain an alumni network, and launched a six-week online
training series in response to the pandemic.
Ms. O’Neal stated BrookLynk youth is the future workforce. Together the cities of Brooklyn
Center and Brooklyn Park are committed to achieving economic health, equity, and well-being of
the community ensuring prosperity for all. BrookLynk ignites the aspirations of youth and attracts
employers to grow their business in the Brooklyns. She noted 93% of the youth were students of
color, 50% identified as low-income, 6% were opportunity youth, meaning homeless, pregnant to
parenting, in foster care, or juvenile justice-involved, and 21% were first-generation high school
or college graduates.
Ms. O’Neal stated they launched a new program and partnered with Construction Career Pathways,
a state-wide nonprofit supported by trade unions, construction companies, Minnesota school
districts, and Minnesota’s Department of Employment and Economic Development to coordinate
Minnesota Trades Academy at Brooklyn Center High School. The program ran for ten weeks
from June through August introducing youth and young adults ages 16-20 from Brooklyn Center
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to hands-on projects in the field of construction with an introduction to careers in the trades and
apprenticeships. She noted interns work 20-30 hours per week earning $15 per hour. In
partnership with Brooklyn Center community schools, BrookLynk created ten internships. Over
the summer, the interns received 1:1 support from BrookLynk job coaches, transportation support,
training stipends, and access to the BrookLynk Job Board and Alumni Network. Ms. O’Neal stated
she was excited to share that two interns were hired into full-time permanent positions that started
at the end of their summer internship through Minnesota Trades Academy.
Ms. O’Neal showed a slide detailing the 2021 program impact. She stated the youth participation
increased in 2021 despite the pandemic. She stated 80 youth completed a summer internship, and
350 youth were engaged throughout the year. They added 104 internships were pledged through
18 businesses and have connected a total of 49 youth to alumni for jobs. Ms. O’Neal noted they
hosted virtual workshops on LinkedIn and diversity in the workplace as well as a virtual alumni
gathering.
Ms. O’Neal stated 33% of BrookLynk interns live or attend school in Brooklyn Center and 25%
of youth attend Get Ready! live or attend school in Brooklyn Center. She added 3 alumni from
Brooklyn Center was hired into permanent jobs and there are six employer partners are located in
Brooklyn Centers which pledged 32 summer internships.
Ms. O’Neal stated one of their expansion objectives is the re-employment of individuals in the
community impacted by the pandemic with emphasis on connecting Black Indigenous Person of
Color job seekers to local jobs. Another objective is local coordination with the continued
collaboration of community organizers to provide training, certifications, internships, and jobs.
They also want to re-imagine public safety by creating opportunities for higher barrier youth and
young adults ages 16-24. Ms. O’Neal stated they will be expanding business coordination by
connecting local businesses to talent, supporting recruitment and retention, and providing
workshops and training to enhance diversity, equity, and inclusion in the workplace.
Ms. O’Neal noted they are launching some new programs in 2022. The Youth Entrepreneurship
Program just launched which provides work readiness training, small business development, mini-
grants, and participation stipends. They are launching a sub-grant to community-based workforce
development programs, focusing on establishing new partnerships and opportunities for adults
ages 18 and up, and expanding career pathways into construction, public works, parks and
recreation, information technology, and nursing assistants.
Ms. O’Neal stated to support the new efforts, they will be moving from four to six staff, one of
which would be funded by the American Rescue Plan, if approved. They will continue to be a
partnership between Brooklyn Park and Brooklyn Center, provide opportunities for work readiness
to youth and young adults in the Brooklyns, advisory council oversight, and budget managed by
the Brooklyn Park Economic Development Authority. They are looking for funding through two
federal grants, American Rescue Plan funds, a state grant, one pending state grant, two pending
partner grants, a United Way pending partner grant, and the unchanged annual contributions from
Brooklyn Park and Brooklyn Center.
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Councilmember Ryan asked how they can continue to build capacity so they can reach all of the
young people that need it. He also asked if they had been in touch with the District County
Commissioner. Ms. O’Neal stated she has not been in contact with the District County
Commissioner, but she regularly works with Ms. Beekman and Dr. Edwards to coordinate
partnerships and opportunities.
Councilmember Ryan stated District County Commissioner Jeff Lunde is a very strong supporter
of BrookLynk, so he may be a good resource. Ms. O’Neal clarified they are working closely with
Mr. Lunde to identify partnerships and youth internships particularly focused on small businesses
in Brooklyn Center.
Councilmember Graves stated she is excited to see that the work and expansion of the initiative
are continuing despite the pandemic. She noted her son participated in the program during his
junior year of high school. Councilmember Graves encouraged Ms. O’Neal to reach out to the
Council if she needs any further support or connections.
Mayor Elliot moved and Councilmember Ryan moved to accept the BrookLynk program overview
and update presentation from Catrice O'Neal, BrookLynk Program Manager.
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. RESOLUTION NO. 2021-134 ORDERING IMPROVEMENTS AND
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS OFR
IMPROVEMENT PROJECT NOS. 2022-01, 02, 03, AND 04, WOODBINE AREA
STREET AND UTILITY IMPROVEMENTS
Dr. Edwards introduced the item and invited City Engineer Mike Albers to make the staff
presentation.
City Engineer Mike Albers stated the proposed resolution includes local public improvements to
the City’s infrastructure based on State of Minnesota Statute Chapter 429. Mr. Albers explained
the proposed project includes roadway, storm drainage, and utility improvements for the
residential neighborhood area commonly referred to as the Woodbine Area. The project was
previously established by the City Council on July 12, 2021, by Resolution 2021-85. On
September 27, 2021, the City Council received the project feasibility report and called for a public
hearing to be held on October 25, 2021, to consider these improvements. He noted all relevant
parties were notified.
Mr. Albers stated public comments received before the approval of the feasibility report were
included in the Feasibility Report (Appendix A). Subsequently, additional public comments were
received, including a letter from 7201 Halifax Avenue. He noted the information was attached as
amended Appendix A-Resident Comments and included all additional comments received after
the September 27, 2021, council meeting. Mr. Albers stated if a project is ordered, then a special
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assessment hearing to consider certifying the special assessment will be held in December of 2021
and a separate notice will be sent to property owners in the area.
Mr. Albers showed a slide with a map depicting the proposed street and utility improvements. He
added the improvements were included in the City’s Capital Improvement Program, which was
started in 1993 as a systematic way to review the City’s street and utility infrastructure. The
Capital Improvement Program has about $187.5 million planned spendings.
Mr. Albers stated their project evaluation would include root intrusion, infiltration, sags, and
broken pipe. For water main evaluation, they would look at corrosion, leaks, frozen water services,
water quality, and pipe material. He noted storm draining evaluation assesses local flooding and
pavement preservation and the streets, sidewalks, and trails portions look at pavement
deterioration, curb and gutter condition, and sidewalk and trail system gaps. As for street lights,
they evaluate the condition of the lighting system.
Mr. Albers stated part of the project is to improve the sanitary sewer system. It was originally
installed between 1956 and 1959 mainly with clay pipe, and, in 1995, 25% of it was replaced with
PVC pipes. He stated approximately 50% of the system requires root sawing to maintain
conveyance capacity, and they anticipate spot repairs on tank sanitary sewer mains, line clay pipe
trunk sanitary sewer mains, and replace sanitary sewer castings. He noted the project will not
improve privately owns lines.
Mr. Albers added they also plan to improve the water distribution system. The proposed
improvements include replacing valves and hydrants throughout the project area, replacing curb
stops throughout the project area, and insulating services with previous freezing history.
Mr. Albers stated the existing sewer system was installed between 1958 and 1995 and is in
relatively good condition. They have noticed there is some standing water in gutters in
intersections, so they want to replace storm castings as needed.
Mr. Albers stated the project area includes 29 street lights, which are a combination of multi-use
poles and free-standing fiberglass poles. He noted most of the lights that have been converted to
LED have already been converted, and there is only one street light on a free-standing wood pole.
The proposed improvement is to replace the freestanding light with a fiberglass pole and LED light
fixture.
Mr. Albers stated the roadway in the area was reconstructed in 1995. He stated there are minor
draining issues and pavement material deterioration. Therefore, the recommended street
improvements include a full-depth pavement replacement and spot repairs for curb gutters and
sidewalks as needed. As for sidewalk improvements, Mr. Albers proposed minor spot repairs on
existing sidewalks, reconstructing pedestrian curb ramps at all cross streets, and creating a new
six-foot concrete sidewalk on the north side of 71st Avenue from Halifax Avenue to France
Avenue, which was an identified gap part of the Safe Route to School Plan. He added they are
considering and coordinating two other sidewalks with Brooklyn Park. Mr. Albers noted
driveways that are disturbed due to the street and utility repairs will be replaced and disturbed
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boulevard areas will be restored with topsoil and sod. He added they do work closely with
residents as they are impacted throughout the construction.
Mr. Albers showed a slide detailing the preliminary project budget. He noted the amounts are
estimates and include multiple funding sources. The total estimated cost would be about $7
million. Mr. Albers explained the assessment area includes both residential areas and church
properties. In looking at the special assessments, they follow the City’s assessment policy, and
the tentative assessment for R1 properties is $3,777 per property. He noted the tentative 2022
interest rate is 3.5%, which is up 0.5% from 2021. If the special assessments are approved, there
are three different payment options. For the first time, partial prepayments can be accepted.
Mr. Albers expects the 2021 assessment rates to be established at the November 8 meeting and an
assessment public hearing on December 13 of this year. From there, they anticipate plans approved
in January 2022, they will accept bids in February or March of 2022, construction will begin in
the spring or summer of 2022, and substantial completion by October 2022.
Mayor Elliott asked if the partial payments are a policy change. Mr. Albers stated they have
worked with the county to allow for partial payments.
Councilmember Graves moved and Mayor Elliott seconded to open the Public Hearing.
Motion passed unanimously.
Andrew T. stated he lives near a newly proposed sidewalk. He stated they have a fence and a line
of pine trees on the property line and asked how those would be affected by the proposed sidewalk.
Mr. Albers stated they will be evaluating the right of way before installing a sidewalk, and they
try to work within the right of way. He added they could work with Andrew T. to minimize the
impact on the trees, but they will have to evaluate that in the field. Mr. Albers stated Andrew T.
could reach out to himself or the engineering staff with more specific questions.
Andrew T. asked if Brooklyn Center ever considers franchise fees in place of the assessments for
properties. He noted he had heard of neighboring cities adopting franchise fees successfully.
Mayor Elliott stated they have had that discussion, though not in-depth, as a Council. Mayor
Elliott stated they may be in a position to consider that once they go through the current street
improvement plan. Andrew T. asked if that would be discussed at the assessment hearing. Mayor
Elliott stated the policy, for now, is to go through the assessments, and when the Capital
Improvement Plan has run its course, then they will have the discussion as a City Council to move
to franchise fees.
Councilmember Graves moved and Mayor Elliott seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO.
2021-134 to approve ordering the Woodbine Area Street and Utility Improvements, Improvement
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Project Nos. 2022-01, 02, 03, and 04 and authorizing the preparation of project plans and
specifications.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
None.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2021-XX BROOKLYN CENTER BEAUTIFICATION AND
PUBLIC ART MASTER PLAN
Dr. Edwards introduced the item and stated Brooklyn Center is known as a place where is known
as a place where diverse community members can see themselves in the art that’s part of their
daily lives and work together to build their shared home, a home where residents and businesses
thrive, actively engage in cultural activities and enjoy their quality of life. The City hosts an
inclusive, equitable, people-powered beautification program focused on improving health,
wellbeing and thoughtful design throughout the city.
Dr. Edwards stated the plan was created to inform and guide cultural development throughout the
city, starting with public art, beautification, public space development, and environmental
stewardship, and noted the arts give them a forum to display our differences and similarities and
the opportunity to learn about each other. He added this is especially important coming out of the
pandemic and civil unrest.
Dr. Edwards stated they needed a plan to recreate a sense of identity, enhance the community’s
image, and grow civic pride. He explained beautification is the process of identifying and
enhancing existing aesthetic conditions, public art is publicly accessible original art that enriches
a city and evokes meaning; it can tell their stories, improve the look and feel of one’s built
environment, and enhance the quality of life and improve the health of communities. Dr. Edwards
invited Recreation Supervisor Janelle Crossfield and Recreation Coordinator Shea Lawrence to
continue the staff presentation.
Recreation Coordinator Shea Lawrence stated the Beautification and Public Art Master Plan
includes an overview of the City and highlights from the Comprehensive Plan. She noted there
have been 1030 “touchpoints” through meetings, interviews, tabling, on-site surveys, and online
surveys. Another piece of community engagement and research was promoting the plan through
the City newsletter, social media, and local media, as well as demonstration projects. She added
the Master Plan includes key findings such as strengths and challenges in the cities, opportunities
for project locations, and values of community members, and an implementation plan.
Recreation Supervisor Janelle Crossfield showed a slide listing a few values and principles that
are guiding the Master Plan. She highlighted that residents should be able to see themselves in
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their public art. Some guiding principles include accessibility, diversity, equity, inclusion,
sustainability, regional mindfulness, and the history of the place and those who came before.
Ms. Crossfield stated the long-term goals are to foster civic pride and community health, grow the
number of residents who become active stewards of Brooklyn Center, increase the number of
volunteers in beautification projects, grow the number of residents desiring engagement in public
art, increase participation and leadership by locally-based artists, residents, and businesses,
leverage private investment and partnership support, and build a professionally-managed program.
Ms. Crossfield noted some short-term operational strategies include overseeing the launch of the
plan, establishing the Cultural Arts Commission, building the capacity of City staff to manage
projects, considering a range of funding mechanisms, referencing map and focal areas for
opportunities, facilitating informed decision making, retaining a City team to assist with program
incubation, considering incentives to grow interest, hosting educational events and forums,
growing community engagement skills and effectiveness, and developing community education
strategies. She then showed a slide with pictures of projects they completed in the past year and
ones they hope to complete in the future.
Councilmember Graves stated it would be very cool to have a map for residents to tour the various
art features. She added it is very exciting to see tangible results of efforts in the community.
Dr. Edwards stated they will be having electronic art displayed throughout the community with
contributions from the community schools. He added that is a way to engage youth and allow
them to express what they are going through. There is also new art hanging in the hallway outside
of Council chambers that he expects the Council will enjoy.
Councilmember Butler stated she appreciated the presentation and noted her excitement for the
Master Plan to launch.
Councilmember Graves noted she would love to be a part of any future open mic nights that they
host.
Mayor Elliott stated he would like to see another arts organization look at the plan. He noted the
plan has important cultural elements, but he would like to see an organization like Juxtaposition
Arts offer some comments and point out any potential blind spots.
Dr. Edwards stated Staff will work on that and bring it back to the Council. He added the plan is
a living document so there will be ongoing changes as the City and its people evolve.
Councilmember Graves stated she used to work at Juxtaposition Arts and asked how they could
continue to support local artists and build up their talents.
Diane S. stated several residents volunteered to serve on the Public Arts Task Force, and she noted
she hopes some of those members would be able to serve on the new art commission.
Councilmember Ryan moved and Councilmember Graves seconded to approve the Beautification
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and Public Art Master Plan.
Motion passed unanimously.
11. COUNCIL REPORT
None.
12. ADJOURNMENT
Mayor Elliott moved and Councilmember Graves seconded adjournment of the City Council
meeting at 9:16 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. That 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 October 25, 2021.
2. That said meeting was held pursuant to due call and notice thereof and was duly held at
Brooklyn Center City Hall.
3. That the City Council adopted said minutes at its November 8, 2021, Regular Session.
City Clerk Mayor
10/25/21 -1-
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
OCTOBER 25, 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 9:16 p.m.
ROLL CALL
Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April
Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Reggie
Edwards, Community Development Director Meg Beekman, and City Clerk Barb Suciu.
CITY HALL FACILITY ASSESSMENT
City Manager Reggie Edwards introduced the topic and invited Community Development Director
Meg Beekman to make the presentation.
Community Development Director Meg Beekman stated the City has begun a planning process
for the Community Center by reviewing current facilities and recreation services and identifying
opportunities to expand. The initial analysis of the work was presented to the Council/EDA along
with preliminary schematic plans. She noted some of the plans would alter the City Hall size. In
light of this work, the staff decided to conduct a facility assessment of City Hall. Ms. Beekman
noted City Hall is undersized and unwelcoming. The City contracted with an architecture firm
that specializes in city facilities, and staff asked them to review City Hall and create options for a
facility that would better serve staff and the overall community. The architecture firm explored
three potential options: a renovation, a new standalone building on a different site, and a relocation
of City Hall to a mixed-use facility. Their exploration included costs, feasibility, and pros and
cons of each of the options.
Ms. Beekman stated the presentation will not require any voting from the Council/EDA in the
current special Work Session, but staff had wanted to gauge Council/EDA’s level of interest in a
project. She stated it is a starting point of discussion rather than staff seeking out a consensus from
the Council/EDA.
Leo A Daly Project Manager Todd LeVold stated he looked at the project along with Leo A Daly
Senior Designer Matthew Keenan and met with each of the department staff to assess the needs of
the City.
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Leo A Daly Senior Designer Matthew Keenan shared a brief overview of the history of the City
Hall. He noted there have been previous studies conducted on the facility, one of which was
completed by Leo A Daly in 2013. They sought out to conduct a City Hall space needs assessment
with substantive data, confirm square footage requirements and needs to better serve the
community both today and 20-25 years into the future, evaluate potential approaches to achieve
the established needs, and provide cost estimates.
Mr. Keenan showed a few slides depicting the existing City Hall. He noted the spiral layout is an
odd existing building footprint which creates inefficiency, the current facility is lacking some
modern efficiencies in movement and wayfinding or public understanding as well as a clear front
door, and the connection to the existing Community Center limits potential expansion
opportunities.
Mr. Keenan stated they developed a space program and reviewed existing facility spaces and
surveyed departments for current and future needs. The existing City Hall, excluding the
mechanical rooms and Council Chambers as those spaces do not need renovation, is 19,288 square
feet. The first option for a renovation and addition would be 22,908 square feet, option two for a
new standalone City Hall would be 27,269 square feet, and the third option for a new City Hall
condo tenant build-out would be 23,295 square feet. Mr. Keenan noted the square footage is
without optional interior parking garage considerations for 16 vehicles. If they were to add interior
parking, option one would not be able to consider indoor parking, and the other two options would
include 6000-9000 additional square feet.
Mr. LeVold stated there is also an option to remain in place with no construction. There was a
2016 assessment that concluded the minimum planned cost of remaining in place is $1.4 million
over ten years to address current or future concerns. He emphasized that amount would be the
absolute minimum to remain in the City Hall as is.
Mr. LeVold stated option one of remodeling the existing City Hall creates a new dedicated public
face and lobby area, creates a public entry plaza for the connection back to the community, adds
an area for department expansions, creates opportunities for community rooms and dedicated
public spaces, and provides better wayfinding for users and conference or meeting spaces. He
showed a slide with an image depicting proposed remodeling and additions.
Mr. Keenan stated option two includes creating a new standalone City Hall. For consideration,
the review and layout opportunities were conducted using the nearby vacant target property as a
site to test fit needs, and considerations were made on how the new facility could blend into a
larger high-capacity housing development area. He showed a slide with spatial diagrams depicting
a new standalone City Hall which includes an option for indoor parking. A majority of the public
services would be on the ground level, and most of the offices would be on the upper level. Mr.
Keenan noted the plan would allow for an atrium and community spaces.
Mr. Keenan stated option three is to do a condo tenant build-out. They looked at the same side as
option two, but this option would look at occupying a single story of what could be a multi-use
development. He noted considerations were made on how this new facility could directly become
10/25/21 -3-
a part of a larger high-capacity housing development. This option includes an opportunity for
indoor parking and the community to see government at work.
Mr. Keenan showed a slide with a findings matrix based on seven criteria: cost impact, phasing
difficulty, functionality, identity or control over city image, community space and engagement,
project development complexity, and energy efficiency. For option “zero” to stay in the current
facility with no changes would be the lowest cost but provide little to no improvement. Option
one to renovate City Hall allows for improvements at a reasonable cost and is a compromise
approach. Mr. Keenan noted this option limits the City Hall and Community Center for the future.
He added option two for the standalone City Hall is the highest cost, but it provides the greatest
longevity and the highest control over identity. Lastly, option three for a condo-type buildout is a
moderate cost with high functionality, but it is the most complex and provides the lease control
over identity.
Mr. Keenan stated they had local contractors look at the initial images and plans to provide cost
estimates. The remodel would cost about $8.1 million, a standalone building would cost $16.3
without a garage, and the condo tenant build-out would cost around $6.8 million without the
optional garage. He noted a 5% inflation can be expected per year beyond 2022 based on recent
trends.
Mayor/President Elliott asked how they determined the amount of square footage and relevant
criteria for the potential spaces. Mr. LeVold stated they met with all of the departments to better
understand space use. From there, they maintained square footage or increased square footage
depending on the feedback from staff. He explained the firm took this high-level information to
local contractors they have worked with before to create cost estimates for the various projects.
Mr. LeVold noted they created the seven criteria considerations alongside staff and developed a
findings matrix with those criteria.
Mayor/President Elliott stated he noticed the remodel would cost more than the condo build-out,
and he asked how those costs are determined. Mr. LeVold stated the renovation costs are on the
higher end because they are not looking at a very large addition, and the cost per square footage
gets very high when it’s a small addition like that. He added the addition encumbers all of the
exterior skin such as glass and roof which they don’t have in the condo build-out. Mr. LeVold
noted the renovation costs also drive up the costs for the project.
Mayor/President Elliott asked which projects are more likely to run into issues of going over
budget. Mr. LeVold stated the cost estimates include a 15% design contingency factor because
they are at the very early stages of the project. Within that, there is also a 5% contingency in the
building portion of the budget. He stated they try to put as much cushion as possible into early
estimates to protect against going over budget. Mr. LeVold stated they also overestimated the
square footage.
Mayor/President Elliott stated he likes the location of City Hall and its proximity to the Community
Center, so he favors the renovation option. He added he does not think they should be a tenant of
someone else. Mayor/President Elliott asked if they could have some cost savings by combining
the renovations to the Community Center along with the renovations to the City Hall.
10/25/21 -4-
Mr. LeVold stated there would likely be some efficiencies there due to the shared space and shared
mechanics. He noted he does not know the specifics of the Community Center project, but he
expects they could save some money by combining the projects.
Councilmember/Commissioner Graves stated she tends to agree with what Mayor Elliott has said,
but she would like to hear from Councilmember/Commissioner Ryan as he has an eye for being
fiscally responsible as well as other Councilmember/Commissioners.
Councilmember/Commissioner Ryan stated he is in sticker shock for the various construction
costs. He stated for the time being he would prefer the option to remain in place with no
construction. If they were farther down the line with the Opportunity Site and receive benefits
from the closure of Tax Increment Financing District Three, then they might be in a better position
to spend a larger amount of money. He stated they could revisit this in 5-10 years when they are
in a more favorable shape in terms of the growing tax base, and he noted they just put money into
Council Chambers. Councilmember/Commissioner Ryan noted there are lots of issues to be
resolved about how to sustain the capital commitments to the Community Center as requested by
members of the community.
Councilmember/Commissioner Butler stated she prefers the option to remain in place with no
construction because they have a lot of other projects going on. She noted this project doesn’t
seem as urgent at this time and added she does not agree with the option of being a tenant of
someone else.
Councilmember/Commissioner Lawrence-Anderson stated they need to be careful with spending
taxpayer money. She noted her initial interest is to remain in place with no construction, but she
stated she is concerned about future staffing levels. She stated this is not a decision they should
be making in the next year or two.
Councilmember/Commissioner Graves noted her most intuitive feeling is to go with the renovation
of City Hall to increase the space and also save money by doing it at the same time as the
Community Center. She added the City has a lot going on, but she does want to give staff what
they need to do their job and for them to feel supported by the Council/EDA.
Mayor/President Elliott stated it sounds like the consensus is to remain in the current building with
no construction. He added there might be a way to better use space by utilizing the remote world
to complete City work.
SALES TAX LEVY DISCUSSION UPDATE
Mayor Elliott suggested that they adjourn the meeting and cover this topic at a later date.
Dr. Edwards noted there are some time limitations on the matter. He asked Community
Development Director Meg Beekman to speak to the time-sensitive nature of the process.
10/25/21 -5-
Community Development Director Meg Beekman noted the presenters are ready to present this
evening as a follow-up to previous conversations and asked Jason Aarsvold, the City's public
financial consultant with Ehlers, to speak more about the timing. Jason Aarsvold explained they
could do a less-detailed version of the presentation in the interest of time.
Councilmember/Commissioners Ryan, Lawrence-Anderson, Graves, and Butler stated they would
be willing to continue the meeting despite the late hour. Mayor/President Elliott concurred and
asked for staff to move forward with the presentation.
Ms. Beekman stated the Council/EDA had several questions at a previous meeting, and this
presentation is a response to those questions. Mr. Aarsvold showed a slide about how the sales
tax would impact residents. He explained a 0.25% annual sales tax would provide $21,000,000, a
0.50% annual sales tax would provide $42,000,000, and a 1.00% annual sales tax would provide
$84,000,000. They looked at state research to predict the potential impact on Brooklyn Center
residents and used the median income for Brooklyn Center residents. Mr. Aarsvold noted the
average household pays around $932 in sales tax throughout the year and Brooklyn Center
residents spend around $9,288 in taxable purchases per household. With those numbers in mind,
a 0.25% annual sales tax would add $23 to their annual amount paid for sales tax. The 0.5% annual
sales tax would add $46, and the 1.00% sales tax would add $93 per year.
Mr. Aarsvold presented a slide with a chart detailing the property tax impact if there were no sales
tax implemented. If a median home in Brooklyn Center were taxed to accumulate $21 million in
bonds, equivalent to the 0.25% annual sales tax, it would add $133.85 to property taxes. He
explained the 0.5% equivalent would equate to $267.70 and a 1.0% equivalent would equal
$535.40 for each residential homestead.
Mr. Aarsvold noted another question was regarding the impact on local retailers. A 2017
University of Minnesota Extension Office study that analyzed 11 communities in Minnesota with
sales tax in effect for at least eight years showed that in almost all cases taxable sales tax continued
to grow without any evidence of a decline in local sales because of the local tax. Any communities
that showed a decline in sales were part of greater Minnesota that was already facing a decline in
sales.
Mr. Aarsvold showed a chart depicting cities that recently implanted a sales tax project, what they
plan to use the funds on, the sales tax percentage, and the bonding authority. He noted this was
another question the Council/EDA had regarding the sales tax.
Mr. Aarsvold stated he spoke directly with the Minnesota Department of Revenue to find out what
that department would hold back for administrative costs. They would keep 1-2% from monthly
collections. He explained it is not a fixed number because the Department of Revenue operates
local sales tax on a fixed budget and the fixed cost is spread across all cities with a local sales tax.
The amount is variable and different for each community depending on the amount of sales tax
collections in each of the communities. The Department of Revenue did mention that there is a
“start-up” cost of $15,000-$20,000 for setting up the tax, notifying retailers, and other
administrative efforts. Mr. Aarsvold explained this cost would be netted out of the first few
settlements to the City.
10/25/21 -6-
Mr. Aarsvold stated community engagement is an important topic and explained engagement
efforts to date are directing pursuit of the projects under consideration. Additional engagement
should occur, but it makes the most sense to wait until after legislative approval if it is granted.
He stated there will ultimately be a vote allowing for a significant number of residents to participate
directly in the deacon about the enactment of the sales tax, and additional engagement should occur
if legislative approval is granted but before the questions go on the ballot.
Mr. Aarsvold stated the next steps are to document that the projects are regionally significant, have
a bond attorney draft the legislation, meet with local legislators to garner support for and author
the legislation, and then adopt a resolution supporting the legislation and terms of sales tax and
projects. He noted they would also have to assemble a team to include the hiring of a lobbyist,
with an estimated cost of $30,000-$60,000 plus Brooklyn Center staff time.
Mr. Aarsvold asked for direction from the City Council/EDA in terms of staff proceeding with the
next steps, which level of tax should be considered, which projects should be included, and the
length of time for the tax to run. Mr. Aarsvold noted the potential projects include the Community
Center and the regional whitewater destination park and the best options for tax level are 0.5% and
1.0% given the projects under consideration. He added the recommended length of time for the
tax to run is 20 years.
Mayor/President Elliott stated he wants to see a new Community Center. He asked if there has
been a study on the distribution of impact on folks of varying incomes.
Mr. Aarsvold stated the best data they can get on that is the study he cited earlier. The State of
Minnesota does a study to determine the impact of annual sales tax based on income levels. He
noted the table depicting these numbers has a line highlighted to include Brooklyn Center’s median
income. A 0.25% annual sales tax would add $23 to their annual amount paid for sales tax. The
0.5% annual sales tax would add $46, and the 1.00% sales tax would add $93 per year.
Mayor/President Elliott stated his concern is on people of varying income levels. He stated there
was a Bloomberg study done that local sales tax targets the poor and widens the income gap. He
added out of the three main types of taxes, those being income, property, and sales tax, that sales
tax hurt the poor the most. Mayor/President Elliott explained that sales tax is highly regressive
and takes bigger chunks out of those with smaller portions of money. Considering that Brooklyn
Center is already lower in the median income range in comparison to other cities, Mayor/President
Elliott stated he is concerned about implementing a sales tax in the community. Mayor/President
Elliott stated that he does not currently support a sales tax, but he is interested in pursuing other
options to fund a Community Center renovation.
Ms. Beekman stated she is familiar with that study, and noted the study was focused on national
sales taxes. Ms. Beekman stated local sales tax does have that effect nationally because there are
basic things that people purchase regardless of their income level which means that a high
proportion of their income is paid to sales tax rather than other types of tax. She explained the
repressive sales taxes are largely mitigated in Minnesota because the State does not tax necessities
such as clothing, food, shoes, and things of that sort. This allows the sales tax proportion to level
10/25/21 -7-
out because it does not require people to pay taxes on basic items. Ms. Beekman stated the
Bloomberg study did not take that into account.
Ms. Beekman explained to pay for the Community Center, the City would need to use property
tax dollars, sales tax dollars which spreads the expense to people outside of the community, or
apply for bonding to use state money which spreads the expenses to people throughout the State;
there is also a potential to use a combination of those funding options. She noted the sales tax
would be a lower impact on Brooklyn Center residents than property taxes because it spreads out
the taxes to people outside of the community.
Councilmember/Commissioner Ryan asked if they wanted to go to the State for bonding, the State
would impose a match onto the City. Mr. Aarsvold confirmed Councilmember/Commissioner
Ryan was correct. Councilmember/Commissioner Ryan stated they could be looking at tens of
millions of dollars with that. He stated for the City to get the gross dollars in an amount similar to
what Dr. Edwards pitched to the State for bonding, they would have to impose a sales tax of around
0.75%. He noted this would result in an 8.275% sales tax in Brooklyn Center which would be
high. Councilmember/Commissioner Ryan stated for the City to qualify for state bonding is for
the project at hand to have regional significance and, therefore, the City would have to present a
larger project. He asked if they have been able to assess the potential financial risks to the City
and the level of debt.
Councilmember/Commissioner Ryan noted he has more questions, but he will forego them in the
interest of time. He stated he understands the community’s desire to have improved facilities, but
he is concerned with the potential financial burdens there would be subject to. He ultimately wants
to find a plan that is in line with the City’s equity goals, and he is hesitant to move forward with
an increase in the annual sales tax at this time.
Stacie Kvilvang, Ehlers Senior Municipal Advisor, stated the thing for the Council/EDA to
remember is they have a request for state bonding. If they are fortunate enough to receive dollars
through that process, they need to show they have a project they can finance. She noted the state
bonding money is extremely competitive, and if they receive those funds, the City should have a
financing plan in place. Ms. Kvilvang stated, if they receive the bonding, the City has to have a
plan to finance the rest of the project within one year of receiving those funds. She recommends
spreading out the financing for the project beyond the City and its residents, especially considering
that the facilities would hold regional significance. If they don’t have a plan in place, Brooklyn
Center could be at risk of losing bonding dollars due to the amount of time it takes to pass a sales
tax or other funding strategies.
Councilmember/Commissioner Graves stated she feels apprehensive, but they have already started
the process in a few ways. She noted they don’t get a chance to vote on the measure until they
hear from the community. She added the staff have been taking this seriously and have been trying
to provide funds for the projects in the best way possible. Councilmember/Commissioner Graves
stated they should give it a shot to hear from the community though it does seem a bit high in the
sky.
10/25/21 -8-
Councilmember/Commissioner Butler stated she agrees with Councilmember/Commissioner
Graves because they are just getting the process starting at this point. She noted that it is ultimately
in the hands of residents to vote on. Councilmember/Commissioner Butler added the community
deserves the amenities that other cities get funding for, so she believes they should take a shot at
it.
Councilmember/Commissioner Ryan stated he would be willing to go onto the next step after
hearing further remarks.
Councilmember/Commissioner Lawrence-Anderson stated she concurs on moving forward. She
noted they should proceed and see what the legislature does.
The majority consensus of the City Council/EDA was for staff to move forward with the next steps
regarding the sales tax levy.
ADJOURNMENT
Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner
Butler seconded adjournment of the City Council/Economic Development Authority Work
Session at 10:37 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. That 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 October 25, 2021.
2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn
Center City Hall.
3. That the City Council adopted said minutes at its November 8, 2021, Regular Session.
City Clerk Mayor
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:A lix Bentrud, D eputy City Clerk
S U B J E C T:A pproval of Licens es
Requested Council A con:
- Moon to approve the licenses as presented.
B ackground:
The following bus inesses /persons have applied for C ity licens es as noted. Each bus iness/pers on has
fulfilled the requirements of the C ity O rdinance governing respec5ve licens es, s ubmi6ed appropriate
applica5ons, and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12
of the C ity C ode of O rdinances , unles s comments are noted below the property addres s on the a6ached
rental report.
Gasoline S ervice S taon
C asey's G eneral S tores
dba Cas ey's G eneral S tore #3823
2101 F reeway Blvd
Brooklyn Center M N 55430
Kabalan Co
dba P ump N M unch
1505 69th Ave N
Brooklyn Center M N 55430
Y D H oldings L L C
dba H oliday #3808
5710 Xerxes Ave N
Brooklyn Center M N 55430
M echanical Licenses
C limate Tech L L C 14702 Excelsior Blvd
Minneapolis M N 55407
D eschene Enterpris es, I nc. 21725 Linden Way
Rogers M N 55374
F riendly H ome S ervices I nc. 11792 272nd Ave N W
Z immerman M N 55398
Total H ome S olu5ons 1008 P ros pect Pointe Rd
Jordan M N 55352
S ign Hangers L icense
Electro Neon & D es ign I nc 1680 99th Lane N E
Blaine M N 55449
6451 McK inley S t. N W, S uite P.
J D I S igns & G raphics, L L C Ramsey M N 55303
Tobacco Related P roducts
Burr S t Market
dba Q uick S hop
5808 Xerxes Ave N
Brooklyn Center M N 55429
C asey's G eneral S tores
dba Cas ey's G eneral S tore #3823
2101 F reeway Blvd
Brooklyn Center M N 55430
Kabalan Co
dba P ump N M unch
1505 69th Ave N
Brooklyn Center M N 55430
L eng Ku
dba S un Foods
6350 Brooklyn Blvd
Brooklyn Center M N 55429
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
AT TA C H M E N TS :
D escrip5on U pload D ate Type
Rental C riteria 3/16/2021 Backup M aterial
Rentals 11-8-2021 11/4/2021 Backup M aterial
Page 2 of 2
b.Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per
year. Police incidences for purposes of determining licensing categories shall include
disorderly activities and nuisances as defined in Section 12-911, and events
categorized as Part I crimes in the Uniform Crime Reporting System including
homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
Calls will not be counted for purposes of determining licensing categories where the
victim and suspect are “Family or household members” as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a
report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subd. 2 (a).
License
Category
Number of
Units
Validated Calls for Disorderly Conduct
Service & Part I Crimes
(Calls Per Unit/Year)
No
Category
Impact
1-2 0-1
3-4 units 0-0.25
5 or more units 0-0.35
Decrease 1
Category
1-2 Greater than 1 but not more than 3
3-4 units Greater than 0.25 but not more than 1
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2
Categories
1-2 Greater than 3
3-4 units Greater than 1
5 or more units Greater than 0.50
Property Code and Nuisance Violations Criteria
License Category
(Based on Property
Code Only)
Number of Units Property Code Violations per
Inspected Unit
Type I – 3 Year 1-2 units 0-2
3+ units 0-0.75
Type II – 2 Year 1-2 units Greater than 2 but not more than 5
3+ units Greater than 0.75 but not more than 1.5
Type III – 1 Year 1-2 units Greater than 5 but not more than 9
3+ units Greater than 1.5 but not more than 3
Type IV – 6 Months 1-2 units Greater than 9
3+ units Greater than 3
Property Address Dwelling
Type
Renewal
or Initial Owner
Property
Code
Violations
License
Type
Police
CFS *
Final
License
Type **
Previous
License
Type ***
5924 Dupont Ave N Single Initial Jonathan Miller I II N/A II
5144 Ewing Ave N Single Initial Kofi Yeboah / Gracelands LLC 7 III N/A III
5524 Humboldt Ave N Single Initial
Devon Youngblood/Larkin Street Homes
LLC 2 II N/A II
6924 Scott Ave N Single Initial Joseph Florczak/HPA US1 LLC 3 II N/A II
6931 Toledo Ave N Single Initial Joseph Florczak/HPA US1 LLC 3 II N/A II
6218 Unity Ave N Single Initial Ishmael Komara 2 II N/A II
5338‐40 Queen Ave N 2 Family
2 Unit Renewal Thanh Kim Oan 12 IV 0 IV I
1600 71st Ave N Single Renewal FYR SFR Borrow LLC 6 III 0 III I
1113 73rd Ave N Single Renewal Mary Ellen Carroll 0 I 0 I II
6107 Bryant Ave N Single Renewal Daniel Yesnes 6 III 0 III I
7001 Emerson Ave N Single Renewal Mara Jensen / Moses Gibson 18 IV 0 IV IV
6424 Girard Ave N Single Renewal
Olufemi Sowemimo / Livewell Home
Care LLC ‐ missing CFH cert & CPTED 2I 0 IVIV
5351 Irving Ave N Single Renewal
Douglas Wahl/Cel Monton LLC ‐ missing
CFH cert & CPTED 5 II 0 II I
5636 Irving Ave N Single Renewal Bruce Goldberg 3 II 0 II II
5739 James Ave N Single Renewal Douglas Wahl/Rifive Investments LLC 13 IV 0 IV II
4007 Joyce La Single Renewal John Jorgenson 5 II 0 II I
5310 Knox Ave N Single Renewal Douglas Wahl/Cel Monton LLC 7 III 0 III I
5642 Logan Ave N Single Renewal MNSFII W1 LLC 9 III 0 III II
5325 Newton Ave N Single Renewal EE & J Investment Inc 2 I 0 I II
4734 Twin Lake Ave N Single Renewal Elizabeth Becht 1 I 0 I I
7156 Unity Ave N Single Renewal Michelle Shaffer ‐ met requirements 17 IV 0 IV III
* CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.)
** License Type Being Issued
*** Initial licenses will not show
All properties are current on City utilities and property taxes
Type 1 = 3 Year Type II = 2 Year Type III = 1 Year
Rental Licenses for Council Approval on November 08, 2021
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :M ike M ars h, A c'ng P ublic Works D irector
BY:M ike A lbers, P.E., C ity Engineer
S U B J E C T:Res olu'on Establis hing 2022 S treet and S torm D rainage S pecial A sses s ment Rates
Requested Council A con:
Mo'on to approv e a res olu'on es tablis hing the 2 0 2 2 s treet and s tor m dr ainage s pecial asses s ment rates
for street and u'lity improvement projects .
B ackground:
Each year the City C ouncil es tablishes as s essment rates for R1, R2, and R3 res iden'al z oned proper'es
based on the C ity ’s S pecial A s s es s ment Policy. W ithin thes e z oning dis tricts, the asses s ment rate for s treet
and storm drainage improvements is based on a unit amount that applies to all single-family res iden'al
proper'es. T he unit amount r epr es ents a specific por'on of the average cost for r econs tr uc'ng a typical
res iden'al street and s torm drainage s y s tem. S treet as s es s ments for non-residen'al and R4 to R7
res iden'al proper'es are computed separately for each project.
S pecial as s essment rates are typically adj us ted each year to reflect normal infla'onary increas es in
cons truc'on costs. The City ’s S pecial A s s es s ment Policy indicates that “the unit asses s ment s hall be
adjus ted annually to reflect cos t of liv ing incr eas es as measured by the C ons truc'on I ndex” (C ity Council
Code of Policies S ec'on I I – 2.10.2.B.1.a.2). The Engineering New s Record (E N R) C ons truc'on C os t I ndex
has experienced an average annual percent change for 2021 of 4.6 percent (see Table 1).
Table 1. E N R Construc'on C os t I ndex - 12-Month Average A nnual Percent Change
Year 2014 2015 2016 2017 2018 2019 2020 2021
12-mo avg. annual % change 6.3 3.0 1.4 3.5 5.3 0.9 1.0 4.6
S ource: E N R w ebsite, O ctober 11, 2021, edi'on
Note: * 12 month average November 2020 - O ctober 2021
Bas ed on the 2 0 2 1 informa'on above, staff recommends adjus 'ng the s pecial as s essment rates by an
increase of 4.6 percent for 2022, w hich w ill be an increas e of $2 8 2 from the 2021 total as s es s ment amount
for s tr eet reconstruc'on projects. T his rate should con'nue to maintain the por'on of s tr eet and storm
drainage cos ts that are as s es s ed at appr oximately 3 3 per cent of the total cost for s treet and s torm drainage
improvements . The C ity Council has historically targeted 3 3 percent as the por'on of s tr eet and storm
drainage improvements that are as s essed to adjoining R1, R2, and R3 residen'al proper'es.
B udget I ssues:
I ncreas ing the 2021 s pecial asses s ment rates for 2 0 2 2 would result in an asses s ment amount of $4 ,924 for
s treet improvements and $1,4 7 7 for s torm drainage improv ements . The total asses s ment amount w ould be
$6,401 per R 1 s ingle-family res iden'al lots in 2022 compared to $6,1 1 9 in 2021. The as s es s ment amount
for s treet improvements on par'al str eet r econs tr uc'on proj ects (full pavement r eplacement) w ill be
$3,692 per R 1 single-family res iden'al lots in 2 0 2 2 . The as s essment amount for street impr ovements on
pavement rehabilita'on proj ects (mill and ov erlay ) w ill be $1 ,628 per R1 s ingle-family residen'al lots in
2022. The aKached res olu'on prov ides the corres ponding adjus tments for R2 and R3 z oned proper'es
based on the propos ed unit as s essment rates .
I nclusive C ommunity Engagement:
N/A
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
Key Transporta'on I nvestments
AT TA C H M E N TS :
D escrip'on U pload D ate Type
Res olu'on 11/2/2021 Cover Memo
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ESTABLISHING 2022 STREET AND STORM DRAINAGE
SPECIAL ASSESSMENT RATES
WHEREAS, the residential assessment rates for street and storm drainage
improvements are annually reviewed and approved by the City Council; and
WHEREAS, the residential assessment rates should be adjusted annually to be
effective January 1; and
WHEREAS, the 2022 street and storm drainage assessment rates for R1, R2 and
R3 zoned districts are based on a specific proportion of approximately 33 percent of the average
cost for street and storm drainage improvements; and
WHEREAS, the R4, R5, R6 and R7 zoned districts will continue to be assessed
based on an evaluation of project cost and project benefit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The residential street and storm drainage special assessment rates for street
reconstruction and pavement rehabilitation shall apply to properties in R1,
R2 or R3 zoned districts. These rates shall also be applied to parcels of
property in other land use zones when such parcels (a) are being used as
one-family or two-family residential sites at the time the assessment roll is
levied; and (b) could not be subdivided under the then-existing
Subdivision Ordinance.
2. The residential assessment rates for street and storm drainage
reconstruction effective January 1, 2022, shall be as follows:
Land Use 2022 Assessment Rates
R1 zoned, used as one-family $4,924.00 per lot (street)
site that cannot be subdivided $1,477.00 per lot (storm drainage)
R2 zoned, or used as a two-family $65.6533 per front foot with a
site that cannot be subdivided $4,924.00 per lot minimum (street)
$19.6933 per front foot with a
$1,477.00 per lot minimum (storm drainage)
RESOLUTION NO. _______________
Land Use 2022 Assessment Rates
R3 zoned (per unit) Assessable frontage x $65.6533 (street)
Number of residential units
Assessable frontage x $19.6933 (storm)
Number of residential units
3. The residential assessment rates for partial street reconstruction effective
January 1, 2022, shall be as follows:
Land Use 2022 Assessment Rates
R1 zoned, used as one-family $3,692.00 per lot (street)
site that cannot be subdivided
R2 zoned, or used as a two-family $49.2267 per front foot with a
site that cannot be subdivided $3,692.00 per lot minimum (street)
R3 zoned (per unit) Assessable frontage x $49.2267 (street)
Number of residential units
4. The residential assessment rates for pavement rehabilitation effective
January 1, 2022, shall be as follows:
Land Use 2022 Assessment Rates
R1 zoned, used as one-family $1,628.00 per lot (street)
site that cannot be subdivided
R2 zoned, or used as a two-family $21.7067 per front foot with a
site that cannot be subdivided $1,628.00 per lot minimum (street)
R3 zoned (per unit) Assessable frontage x $21.7067 (street)
Number of residential units
5. The residential assessment rates for street and storm drainage
reconstruction and pavement rehabilitation shall not apply to R4, R5, R6
or R7 zoned districts. The assessment rates for street reconstruction and
pavement rehabilitation for R4, R5, R6 or R7 zoned property shall be
based on an evaluation of the project cost and project benefit for each
project.
RESOLUTION NO. _______________
November 8, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :M ike M ars h, A c'ng P ublic Works D irector
BY:M ike A lbers, P.E., C ity Engineer
S U B J E C T:Res olu'on Establis hing I nterest Rate for 2022 S pecial A sses s ments
Requested Council A con:
Mo'on to approve a resolu'on establis hing interes t rate for 2022 s pecial asses s ments .
B ackground:
Each year the C ity Council s ets an interes t rate for special as s es s ments lev ied against proper'es based on
the C ity ’s S pecial A s s es s ment and I nternal L oan I nterest Rate Policy. T he obj ec've of this policy is to
establis h an equitable interes t rate that w ill not unfairly bur den the property ow ner yet recov er the cos t of
borrow ing from outside s ources , r ecov er the cos t of adminis ter ing the special as s essments, and pr otect the
City from the possibility that s pecial as s essment pr epayments might impair the City ’s ability to serv ice the
bonds .
City C ouncil policy has been to es tablis h the s pecial as s essment inter es t rate by calcula'ng the s um of the
interest rate for the most recent gener al obliga'on bond, adding tw o percent to cover the overhead costs
described above and rounding to the neares t one-half percent in accordance with the policy. The most
recent impr ovement bond s ale by the City of B rook lyn C enter w as 2021 G ener al O bliga'on I mprovement
Bonds at 1 .08 per cent which res ults in a special as s es s ment interest rate of 3.5 percent for 2 0 2 2 . This
interest rate is 0.5 percent higher than the 2021 rate.
B udget I ssues:
There are no budget is s ues to consider.
I nclusive C ommunity Engagement:
N/A
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
Key Transporta'on I nvestments
AT TA C H M E N TS :
D escrip'on U pload D ate Type
Res olu'on 11/2/2021 Cover Memo
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO._______________
RESOLUTION ESTABLISHING INTEREST RATE FOR 2022 SPECIAL
ASSESSMENTS
WHEREAS, the City Council levies special assessments for certain neighborhood
street and utility projects, delinquent utility bills, and other services provided to property owners
that go unpaid; and
WHEREAS, amounts outstanding are certified to Hennepin County for collection
with property taxes; and
WHEREAS, by City Council policy, interest is to be charged on outstanding
amounts certified to Hennepin County for collection with property taxes; and
WHEREAS, the interest rate to be charged is two percent over the net interest rate
for the most recent City General Obligation bond sale rounded up to the next one-half percent;
and
WHEREAS, the most recent General Obligation Improvement Bond sale resulted
in a net interest rate of 1.08 percent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for
the year 2022 is hereby established at 3.5 percent.
November 8, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :M ike M ars h, A c'ng P ublic Works D irector
BY:M ike A lbers, P.E., C ity Engineer
S U B J E C T:Res olu'on D eclaring Costs to be A s s essed and C alling for a P ublic H earing on P ropos ed
S pecial A sses s ments for I mprovement P roject No. 2022-01, Woodbine A rea S treet
I mprovements
Requested Council A con:
- M oon to approve a r esoluon declar ing costs to be assessed and calling for a public hearing on proposed
special assessments for I mprovement P roject No. 2022-01, Woodbine A rea S treet I mprovements.
B ackground:
This project was es tablished by the C ity Council on J uly 12, 2021, by Resolu'on 2021-85, for the area
commonly referred to as the Woodbine A rea I mprovements . This ac'on w as taken in accordance with the
Capital I mprovement P r ogr am (C I P ), w hich iden'fies Woodbine A rea for impr ovements during the 2022
cons truc'on s eas on. T he feasibility r epor t for this proj ect was accepted on S eptember 27, 2021 and an
improvement public hearing w as conducted on O ctober 25, 2021.
The a<ached resolu'on declares certain proj ect costs to be as s essed for the Woodbine A rea S treet and
S torm D rainage I mprovements and calls for a public hear ing on the pr opos ed s pecial as s es s ments on
D ecember 13, 2021.
The purpose of holding the special as s es s ment hear ing prior to beginning the pr oject is to as s ur e that any
objec'ons to or appeals of the as s es s ments ar e know n prior to enter ing into a cons truc'on contract or
is s uing bonds to finance the as s es s ed por 'on of the project. The establis hed as s essment r ate w ould s et the
maximum levy amounts , guaranteeing property ow ners of the final cost they w ill pay for the pr oject. S pecial
asses s ments for this project have been calculated in accordance w ith the C ity ’s S pecial A s s essment Policy.
B udget I ssues:
The total proj ect cost for the Woodbine A rea S treet, and U'lity I mprov ements is es'mated to be
$7,000,000. The total special as s es s ments for this project are es 'mated to be $937,7 6 8 for s treet
improvements .
F unding s ources for the project are budgeted from s ources as des cribed in the project feas ibility report
previously accepted by the C ity C ouncil on S eptember 2 7 , 2021. The s pecial asses s ment r ates w ere adopted
by the City Council on N ovember 8, 2 0 2 1 , and funding s our ce amounts that ar e included in the feas ibility
report are amended as follows as a result of minor special as s essment revis ions :
Feasibility Report (9/27/21) A mended (11/1/21)
S pecial A sses s ments $959,358.00 $937,768.00
S anitary S ew er U'lity F und $990,000.00 $990,000.00
Water U 'lity F und $1,700,000.00 $1,700,000.00
S torm D rainage U 'lity F und $850,000.00 $850,000.00
S treet Light U'lity F und $20,000.00 $20,000.00
S treet Reconstruc'on F und $2,280,642.00 $2,302,232.00
M unicipal S tate A id F und $200,000.00 $200,000.00
Total $7,000,000.00 $7,000,000.00
I nclusive C ommunity Engagement:
A ques 'onnaire and le<er were distributed to res idents and property owners located w ithin the project
area as part of the project evalua'on process. A ll public comments have been provided to the C ity Council
in the Feas ibility Repor t (A ppendix A ). S taff conducted a public infor ma'onal mee'ng w ith r es idents and
property ow ners on S eptember 16, 2021. A n I mprovement P ublic H earing w as held on O ctober 25, 2021
to receive public comments pertaining to the propos ed improvements.
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
Key Transporta'on I nvestments
AT TA C H M E N TS :
D escrip'on U pload D ate Type
Res olu'on 11/2/2021 Cover Memo
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO._______________
RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING
FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR
IMPROVEMENT PROJECT NO. 2022-01, WOODBINE AREA STREET
IMPROVEMENTS
WHEREAS, the Brooklyn Center City Council has accepted the Engineer’s
Feasibility Report for Improvement Project No. 2022-01, Woodbine Area Street Improvements;
and
WHEREAS, the total cost of the street improvement portion of said project is
estimated to be $3,410,000; and
WHEREAS, the City Clerk and City Engineer have prepared a proposed
assessment roll showing the proposed amount to be specifically assessed for such improvement
against every assessable lot, piece, or parcel of land within the district affected, without regard to
cash valuation, as provided by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. That portion of the cost to be assessed against benefited property owners for
street improvements included in City Improvement Project No. 2022-01 is
declared to be $937,768.
2. Notice is hereby given that an on-line assessment public hearing will be held
on the 13th day of December, 2021, at 7:00 p.m. or as soon thereafter as part
of the regular City Council meeting as the matter may be heard to pass upon
said assessment and at such time and place all persons owning property
affected by said improvements will be given the opportunity to be heard with
reference to said assessment. The electronic meeting can be accessed by
_____________________________________________________ or by
dialing ________________ Code: ________________
3. The City Clerk is directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks
prior to the hearing, and shall state in the notice the total cost of the
improvement.
4. The City Clerk shall cause mailed notice to be given to the owner of each
parcel described in the assessment roll not less than two weeks prior to the
hearing.
RESOLUTION NO. _______________
November 8, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :M ike M ars h, A c'ng P ublic Works D irector
BY:M ike A lbers, P.E., C ity Engineer
S U B J E C T:Res olu'on A mending S pecial A s s essment L evy Roll Nos . 21001 and 21002 to P rovide for
the D eferral of S pecial A s s essments
Requested Council A con:
- M oon to approve the r esoluon amending S pecial A ssessment L evy Roll Nos. 21001 and 21002 to
provide for the deferral of special assessments.
B ackground:
O n D ecember 14, 2020, the C ity Council by Resolu'on 2 0 2 0 -1 2 7 , appr oved S pecial A s s essment L evy Roll
Nos. 21001 and 21002 for the G randview S outh A rea S treet and S torm D r ainage I mprov ements , P roject
Nos. 2021-01 and 02. The a:ached res olu'on amends the respec've levy rolls to provide for the deferral of
s pecial as s es s ments on a property w her e the qualify ing pers on is eligible becaus e they are at least 65 years
of age or older, or permanently dis abled and whose hous ehold meets certain financial limita'ons .
The City of Brooklyn C enter calculates and lev ies special as s essments in accor dance w ith S ec'on 2.1 0 of the
City C ouncil C ode of Policies . This document outlines the proces s and procedures w ithin the C ity ’s S pecial
A s s essment Policy for funding of public improvement projects . S ubs ec'on 4 of the S pecial A s s essment
Policy pr ovides for a program to defer a por 'on of the special as s es s ments for qualify ing pers ons under the
provis ions of M innes ota S tatutes 435.193 through 4 3 5 .195. A copy of s ubs ec'on 4 of the S pecial
A s s essment Policy is a:ached to this memorandum.
The C ity receiv ed an applica'on for deferral of special asses s ments that met the required standards to
qualify under the a:ached S pecial A s s essment Policy s tandards. This property is :
5812 H umboldt Avenue N
The applicant provided income tax documenta'on mee'ng “very low income” limits es tablished by H U D.
B udget I ssues:
The proposed s pecial as s essment deferral for s aid property totals $4,434.75 ($3,4 1 1 .47 for str eet and
$1,023.28 for storm drainage). The amount to be cer'fied for s aid property totals $1,684.25 ($1,295.53 for
s treet and $388.7 2 for s tor m). The total amount of special asses s ments prev ious ly levied w as
$1,550,162.69. The net reduc'on in short-term project revenue of les s than one percent due to the
proposed deferment does not create a substan'al funding concern bas ed on an analysis of the proj ect costs
to date.
I nclusive C ommunity Engagement:
N/A
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
Key Transporta'on I nvestments
AT TA C H M E N TS :
D escrip'on U pload D ate Type
Res olu'on 11/2/2021 Cover Memo
S pecial A sses s ment Policies 11/2/2021 Cover Memo
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _____________
RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 21001
AND 21002 TO PROVIDE FOR THE DEFERRAL OF SPECIAL ASSESSMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the City Council
has met, heard and passed upon all objections to the proposed Special Assessment Levy Roll Nos.
21001 and 21001 for the Grandview South Area Street and Strom Drainage Improvements, Project
Nos. 2021-01 and 02;
WHEREAS, Special Assessment Levy Roll Nos. 21001 and 21002 were approved by
the City Council on December 14, 2020; and
WHEREAS, the City Council has established a program to defer a portion of the
special assessments of qualifying persons who are at least 65 years of age or older or who are retired
due to permanent and total disability whose households meet certain financial limitations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the following property is eligible to defer a portion of their special assessment
for Improvement Project Nos. 2021-01 and 02, therefore amending Special Assessment Levy Roll
Nos. 21001 and 21002 as noted below.
Special Assessment Levy Roll No. 21001 is hereby amended to reduce the previous amount of
$4,707 from the following assessments to the new amount as noted:
Pid No. Levy Amount DeferredAmount Interest Rate (%)
01-118-21-23-0057 $1,295.53 $3,411.47 3.0
Special Assessment Levy Roll No. 21002 is hereby amended to reduce the previous amount of
$1,412 from the following assessments to the new amount as noted:
PID No. Levy Amount DeferredAmount Interest Rate (%)
01-118-21-23-0057 $388.72 $1,023.28 3.0
November 8, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 212
SPECIAL ASSESSMENT POLICIES
2.10 Special Assessment Policy
1. General Policies
A. Initiation of Public Improvement Projects
Public improvement projects may be initiated by petition of affected property
owners. Public improvements may also be initiated by the City Council when, in
its judgment, such action is required.
The Capital Improvement Program shall detail a program of street improvements
based on Pavement Management Program data, street and utility maintenance
records, Municipal State Aid Standards, and the Local Storm Water Management
Plan.
B. History
In 1964, the Village Council approved a Special Assessment Po licy which detailed
matters regarding the financing of public improvements as the community
developed. This Policy has been periodically amended, and related policies
approved by separate resolution. In 1985, a substantial change in policy was
approved by resolution, when the City abandoned residential assessments based
on frontage to adopt a policy based on residence unit. This policy is intended to
incorporate all policies related to improvement project financing. It is
understood that this policy cannot anticipate every situation, and that certain
circumstances may justify deviations from this policy.
C. Financing and Assessment Policies Applicable to all Types of Improvements
When an improvement is constructed which is of special benefit to prop erties
within a definable area, it is the intent of the City Council that special
assessments be levied against the benefited properties within that area to the
extent that the costs of such project can be deemed to benefit the properties.
The following general principles shall be used as a basis of the City's assessment
policy:
1. The "project cost" of an improvement shall be deemed to include the
costs of all necessary construction work required to accomplish the
improvement, plus engineering, legal, administrative, financing, and
other contingent costs.
2. The "assessable cost" of an improvement shall be defined as being those
costs, which, in the opinion of the City Council, are attributable to the
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 213
need for service in the area served by the improvement. Said "assessable
cost" shall be equal to the "project cost" of the current project, minus
any credit attributed to remaining useful life expectancy or to that part of
the improvement deemed to benefit the community as a whole.
3. Terms of special assessments shall be as follows:
a. Street improvements - 10 years
b. Bituminous alley improvements - 10 years
Concrete alley improvements - 20 years
c. Water and sanitary sewer hookups and improvements - 10 years
d. Storm sewer improvements - 10 years
Interest is charged at a rate established by the City Council at the time of
certification of the levy.
2. Surface Improvements
Surface improvements shall include grading and base construction, sidewalks, curb and
gutter, surfacing, resurfacing, undergrounding overhead utilities, landscaping,
beautification, and street lighting.
A. Standards for Surface Improvements
1. Arterial streets shall be of adequate width to accommodate projected
traffic volumes. Sidewalks shall be provided on both sides of all arterial
streets unless specifically omitted by the City Council, and shall be of the
width approved by the City Council.
2. Collector streets (including commercial and industrial access streets) shall
be designed based on anticipated usage, and shall normally be
constructed in accordance with state aid standards. Sidewalks may be
provided on one or both sides of all collector streets in accordance with
the comprehensive plan and shall be at least 5 feet in width, unless
otherwise approved by the Council. Wherever feasible, a boulevard at
least 7 feet in width shall be provided, measured from the street face of
curb to the street face of the sidewalk.
3. Residential streets shall be 30 to 36 feet in width, measured between
faces of curbs or edge of street, unless otherwise approved by the
Council. The Council may order the construction of sidewalks when such
construction is warranted.
4. Alleys, in residential areas, shall be of bituminous construction unless
drainage or other conditions require concrete.
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 214
5. Street lighting, when installed, shall be installed in accordance with the
Council's policy on street lighting. Mid-block lights may be installed when
the length of one block from the centerline of one intersecting str eet to
the next intersecting street exceeds 700 feet, or when it is determined
that a special public safety benefit would accrue.
B. Assessment Formula for Surface Improvements
The assessments to be levied against properties within the benefited area s shall
be distributed to those properties on the basis of the following provisions:
1. Residential Streets
a. For residential properties zoned R1, the assessment to be applied
against each non-subdividable property shall be a unit amount
established annually by the City Council. Said assessment is
intended to represent a specific proportion of the average cost of
making a typical improvement, such as the average cost of
reconstructing a typical block of residential street. For properties
which may be legally subdividable into two or more lots, the
assessment to be applied shall equal the maximum number of lots
allowable times the unit assessment. The assessment shall be
calculated as follows:
1. For reconstruction or resurfacing of a residential street,
the average cost of a typical similar project shall be
multiplied by the Council's designated proportion to be
assessed. The total assessed shall be divided by the
average number of lots to be assessed to determine the
unit assessment.
2. Absent any other policy changes, such as an increase in the
proportion of cost to be assessed, the unit assessment
shall be adjusted annually to reflect cost of living increases
as measured by the Construction Index.
b. For residential properties zoned R2, the assessment shall be
applied on a front foot basis, said unit being calculated as follows:
The R1 unit assessment shall be divided by 75 feet, to determine
the front foot rate. The minimum assessment for an R2 property
shall be the R1 unit assessment.
c. For residential properties zoned R3, the assessment shall be
applied per unit on the following basis. The R2 front foot rate
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 215
shall be multiplied by the total feet of frontage to determine the
total benefit. The total benefit shall be divided by the total
number of units in the development to determine the unit rate.
d. For R4 to R7 properties, commercial, industrial, institutional, or
special use properties, the benefits and resulting assessments
shall be determined on an individual project basis.
e. For those properties zoned R1 or R2 having frontage on two or
more streets, special assessments shall be levied for
improvements on only one of those frontages, at the owner's
choice. For example, a property on the corner of A street and B
Avenue may choose to be assessed when A street is improved, or
B Avenue, but not both.
2. Municipal State Aid Streets
a. For properties that are not commercial or industrial in project
areas which are primarily residential in character:
1. Benefiting properties abutting a state aid designated
street shall be assessed in the same manner as those
abutting other residential streets.
2. In those cases where a municipal state aid street
improvement project totally removes parking from a
residential street where parking was previously allowed,
no special assessments shall be levied. Where parking
arrangements have been made, special assessments shall
be levied.
b. For properties which are commercial or industrial in project areas
which are primarily residential in character, and for those
properties in commercial areas:
1. Commercial and industrial properties shall be assessed
based on an area (acreage) basis. An "A" zone of benefit
shall be determined on a project basis, but would typically
include that area of all properties abutting the street to be
improved, extending to a depth of 200 feet or the property
depth, whichever is less. A "B" zone of lesser benefit may
be established to identify those properties or portions of
properties which do not abut the improved roadway, but
which accrue benefit.
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 216
2. Unless otherwise approved by the City Council, benefiting
properties within this category will be assessed for 70
percent of the total project cost deemed to benefit the
properties in accordance with Section 1.C.
3. If there is a combination of commercial, industrial and
residential properties, the commercial-industrial rate will
be determined by calculating an equivalent footage rate
based on assessing 70 percent of the total project cost
deemed to benefit the properties in accordance with
Section 1.C., while the residential properties will be
assessed in accordance with Section 1.C.
3. Other Streets
a. Commercial and industrial properties abutting streets which are
not designated as Municipal State Aid routes shall be assessed in
the same manner as properties abutting State Aid routes.
b. For owner-occupied residential properties located in a
commercially zoned area, where such property is not susceptible
to subdivision into more than 2 residential uses with direct street
access, the assessment shall be equal to the assessment amount
established for residential properties zoned R-1 times the number
of lots into which the property is susceptible to subdivision.
4. Alleys
a. The cost of installation, resurfacing, or reconstruction shall be
assessed on a unit basis. Forty percent of the cost to be assessed
shall be assessed equally to all owners of lots abutting the alley.
The remaining 60 percent shall be assessed equally to all owners
of lots currently having access to the alley.
b. The cost to be assessed shall include all project costs. For
properties where a non-hard surfaced driveway exists, the cost of
constructing an asphalt driveway between the paved portion of
the alley and property line, minus the cost of sod restoration for
an equivalent area, shall be individually computed and added to
the uniform assessment for the specific property involved.
3. Subsurface Improvements
Subsurface improvements shall include water distribution lines, sanitary sewer lines and
storm sewer lines, ponds, or other drainage improvements.
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 217
A. Standards
Subsurface improvements shall be made to serve current and projected land use.
All installations shall conform to the minimum standards therefore as
established by those state, local, or federal agencies having jurisdiction over the
proposed installations. All installations shall also comply, to the maximum
extent feasible, to such quasi-official, nationally recognized standards as those of
the American Insurance Association (formerly National Board of Fire
Underwriters).
Service lines to the property line of each known or assumed building location
shall be installed in conjunction with the construction of the mains.
B. Water Mains
All properties shall be assessed their share of the cost of installing water main to
serve the property and the cost of installing the water service line between the
water main and the property line. In addition, all properties shall be assessed
their share of citywide or area improvements such as distribution mains, wells,
above ground storage, and elevated storage tanks.
1. For those improvement projects where existing main or appurtenances
are repaired or replaced, including service replacement to the property
line, no special assessments shall be charged. The full cost of said
improvements shall be financed by the Water Utility Fund.
2. For those improvement projects where main or appurtenances are
installed to provide new service to previously unserved properties, the
full cost of said improvement shall be assessed, with the basis being the
Engineer's determination of benefit to each newly served property.
3. All properties connecting to the water system shall be charged a
connection charge as per the most current utility rate structure.
Properties without services shall be responsible for the full cost of
installing service from the main to the building.
C. Sanitary Sewer
All properties shall be assessed their share of the cost of installing sanitary sewer
laterals to serve the property and the cost of installing the sanitary sewer service
line between the street and the property line. In addition, all properties shall be
assessed their share of citywide or area improvements such as interceptors and
pumping stations.
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 218
1. For those improvement projects where existing lateral or appurtenances
are repaired or replaced, including service replacement to the property
line, no special assessments shall be charged. The full cost of said
improvements shall be financed by the Sanitary Sewer Utility Fund.
2. For those improvement projects where lateral or appurtenances are
installed to provide new service to previously unserved properties, the
full cost of said improvement shall be assessed, with the basis being the
Engineer's determination of benefit to each newly served property.
3. All properties connecting to the sanitary sewer system shall be charged a
connection charge as per the most current utility rate structure.
Properties without services shall be responsible for the full cost of
installing a service from the main to the building.
D. Storm Drainage
All properties shall be assessed their share of the cost of installing storm
drainage facilities to serve the property. In addition, all properties shall be
assessed their share of city-wide or area improvements such as interceptors and
detention ponds.
1. For a project which includes construction of a storm sewer interceptor,
detention pond, or other regional facility, an engineering study shall
establish the distribution of benefit and determine the assessable portion
of the project cost.
The assessable cost of a storm sewer interceptor or detention pond shall
be assessed equally per unit of area (square foot, acre, etc.) over the
entire district served by the interceptor or detention pond.
The assessment is generally levied in the current year of construction of
the interceptor storm sewer or detention pond, and it is entirely likely
that a large number of properties will be assessed which do not receive
immediate and total drainage relief. It is, however, considered that such
properties do accrue benefit from the interceptor storm sewer since the
interceptor is available to receive lateral storm sewer connections, or the
detention pond or other regional facility may provide relief from storm
events of greater magnitude than a 5 year storm.
2. For those improvement projects where existing lateral or appurtenances
are repaired or replaced, or slightly upgraded, no special assessment shall
be charged. The full cost of said improvements shall be financed by the
Storm Drainage Utility Fund.
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 219
3. For those improvement projects where laterals or appurtenances are
installed to provide new service to previously unserved properties, or
where service is substantially upgraded, a portion of the cost of said
improvement shall be assessed. Said portion shall be the same as the
assessable portion of residential street improvement costs.
4. Assessment Deferral Program
There shall exist a program to defer a portion of the special assessments of qualifying
persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said
program shall defer the payment of a portion of certified special assessments by
property owners who are at least 65 years of age or older or who are retired due to
permanent and total disability whose households meet certain financial characteristics.
A. Eligibility
1. The property upon which the assessment is deferred must be
homesteaded;
2. The property is owned by a person at least 65 years of age on January 1st
of the year in which payment of the first installment of the subject
assessment levy is due; or is owned by a person who is retired due to
permanent and total disability.
3. The applicant must have a "financial hardship" defined as:
a. An annual income for the applicant’s household size which is at or
below the “Very Low Income” limit established annually by HUD
for the Minneapolis and St. Paul Metropolitan Area; and
b. The aggregate total of special assessment installments from
previously existing special assessment levies plus the first year of
the current levy will exceed 1 1/2 percent of the applicant's
annual income.
4. Special assessment deferral applications are typically processed at the
time of the actual special assessment being levied. However, an
applicant may apply for a special assessment deferral at any time during
the term of the special assessment. Additionally, past non-eligible
applicants may reapply for reconsideration should qualifying eligibility
conditions change in the future.
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 220
B. Calculation
1. The portion of the current levy which will be deferred will be that portion
of the levy against the applicant's property which requires a first year
installment payment which, when added to the applicant's annual
payments from previously existing special assessment levies, would result
in an aggregate total of special assessment installments totaling more
than 1 1/2 percent of the applicant's annual income. The portion of the
current levy which can be paid without aggregating total installments
above 1 1/2 percent of the applicant's annual income shall not be
deferred.
2. Special assessments levied due to the applicant's failure-to-pay charges
for City services or failure to comply to City codes (i.e. delinquent utility
assessments, assessments for weed removals, assessments for nuisance
abatement, etc.) shall not be deferred, and installment payments for
existing levies for such services shall not be included in calculating the
maximum 1 1/2 percent aggregate payment.
C. Interest
Simple interest at the rate of that particular assessment levy shall be added to
the deferred assessment, calculated from the date interest started to accrue on
the original levy (usually the October 1 immediately fo llowing the certification
date) to the date of payment of the deferred portion of the assessment.
D. Termination
The option to defer the payment of special assessments shall terminate and all
amount accumulated plus applicable interest, shall become due upon the
occurrence of one of the following events:
1. The death of the owner, provided that the spouse is otherwise not
eligible for the benefits.
2. The sale, transfer, or subdivision of the property or any part thereof.
3. If the property should for any reason lose its homestead status.
4. The City Council determines that a hardship no longer exists.
Reference: City Council Resolution Nos. 2016-189; 2005-17; 2001-122; 2000-195; 97-214; 97-
118; 94-274; 93-49; 90-138; 90-137; 85-34; 84-175; 83-190; 82-226; 81-244; 80-292
SECTION II – GENERAL POLICIES
City Council Code of Policies
City of Brooklyn Center Page 221
2.11 Special Assessment and Internal Loan Interest Rate Policy
1. Policy Objective
The objective of this policy is to establish equitable interest rate charges for special
assessments levied against private property and for internal loans between funds. In
the case of special assessments, the goal is to not unfairly burden the property owner,
but yet recover the cost of borrowing from outside sources, recover the cost of
administering the special assessment, and protect the City from the possibility that
special assessment prepayments might impair the City’s ability to service the bonds. In
the case of internal loans, the goal is to prevent the loss of interest income to City funds
which would otherwise invest their money.
2. Procedure
A. In January of each year, the staff shall review the previous year’s interest rate
against the current market and recommend to the City Council an interest rate
to be adopted and used for all special assessments levied and all internal loa ns
outstanding for that year.
B. 1. The interest rate that will be used as a standard for setting the special
assessment and internal loan interest rates shall be the interest rate from
the City’s most recent sale of improvement bonds with a ten year final
maturity.
2. If interest rates have changed substantially since that last bond sale, a
comparable City’s bond sale will be used from the listing in the League of
Minnesota Cities magazine. Factors in determining comparability shall
include: final maturity of the bonds, that they were issued by a City, that
they were G.O. improvement bonds, and the City’s bond rating.
C. To the interest rate from the most recent bond sale, 2% shall be added to cover
the City’s cost of administration and protect the City from changes in market
interest rates. The resulting interest rate shall be rounded to the nearest half
percent.
Reference: City Council Minutes 5/13/96
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:A ndy S plinter, I nterim F inance D irector
S U B J E C T:Res olu-on A uthoriz ing the City Manager to Write-off Uncollec-ble A ccounts Receivable
and Returned C hecks
Requested Council A con:
- Moon to approve a resoluon authorizing write-off of uncollecble accounts and returned checks.
B ackground:
This ac-on w as las t taken at the regular C ity C ouncil mee-ng on February 12, 2018. The Council approved
w rite off of 2 uncollec-ble accounts and returned checks totaling $4,788.12
The following accounts are requested to be deemed uncollec-ble and wri;en off:
1. A returned check from Kernfield in the amount of $10 from O ctober 2015.
2. A returned check from D olo in the amount of $10 from O ctober 2016.
3. A returned check from M yers in the amount of $250 from S eptember 2016.
4. A n un-as s essable mow ing charge from M oua in the amount of $25 from O ctober 2020.
5. A n un-as s essable False A larm fee from Zenworld Computers in the amount of $250 from M ay 2017.
The total amount for thes e uncollec-ble accounts is $545.00.
B udget I ssues:
A ll items w ill be removed from receivables in the general ledger in 2021. Total account write-off (los s ) is
$545.00.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
O pera-onal Excellence
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on 11/2/2021 Resolu-on Le;er
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO. _______________
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE OFF
UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS
WHEREAS, the City Manager has identified the following accounts receivable as
unlikely to be collected ; and
WHEREAS, the following accounts have been placed for collection without
success and have surpassed the time limits for valid collection; and
WHEREAS, all reasonable efforts have been made to collect on these receivables
and returned checks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City of
Brooklyn Center that the City Manager is hereby authorized to write off the following accounts
receivable and returned checks from the City of Brooklyn Center’s accounts:
Name Amount Original Date Department
Kernfield NSF 10.00 October 2015 Police
Dolo NSF 10.00 October 2016 Police
Myers NSF 250.00 September 2016 Clerk
Moua unassessable mowing charge 25.00 October 2020 BCS
Zenworld Computers False Alarms 250.00 May 2017 Police
TOTAL $ 545.00
November 8, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:M eg Beekman, C ommunity D evelopment D irector
S U B J E C T:A n O rdinance A mending C hapter 23 to A llow and Regulate S pecial Events and Resolu0on
A cknow ledging the F irst Reading of the O rdinance
Requested Council A con:
- Moon to approve a first reading of a S pecial Event Ordinance and authorizing a public hearing and
second reading for D ecember 13.
B ackground:
At present, there is no s ingle proces s for individuals to inform the City of events that are occurring, whether
on public or private property. D epending on the loca0on of an event, and the types of ac0vi0es occurring at
it (food trucks , liquor s ales , road closures, etc.), there may be s everal permits and department review s that
an individual event organizer has to get in order to get approval to hold an event or large gathering. The C ity
receives reques ts for special events on private as well as public property throughout the year and thes e
requests come to the city through all different departments. This makes the proces s confus ing both for s taff,
as well as for individuals trying to plan events. S taff has determined that there is not currently an effec0ve
proces s to ensure that all affected departments are aw are of events occurring in the city, as w ell as allowing
for a s treamlined review and approval for the event holder.
At the O ctober 11 w ork s ession, City Council reviewed a dra8 ordinance for a s pecial event process and
directed staff to move forward with a first reading.
A 8er reaching out to organiza0ons in the community that regularly hold s pecial events about the ordinance,
s taff has included a clarifying provision which allow s regular and ongoing events to obtain a single special
event permit, which would remain in standing for any future occurrences of the same event.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
O pera0onal Excellence
AT TA C H M E N TS :
D escrip0on U pload D ate Type
O rdinance 11/3/2021 O rdinance
Res olu0on 11/3/2021 Resolu0on Le<er
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BR291-4-675635.v7
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 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 23 TO ALLOW AND REGULATE
SPECIAL EVENTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Brooklyn Center City Code Chapter 23 is hereby amended by adding Sections 23-
2600 through Section 23-2616 as follows:
SPECIAL EVENTS
Section 23-2600. PURPOSE. The purpose of these Sections 23-2600 through 23-
2616 (collectively, these “Sections”) is to set forth procedures required to be followed by
organizers of special events within the City. Special events can be disruptive to
neighboring properties and place a strain on City resources, particularly if they are
conducted on City parks or streets. These Sections impose reasonable regulations on
special events to address the impacts such events can have on the City and its residents.
Persons wishing to sponsor or hold a special event in the City are required to obtain a
special event permit from the City and to comply with the requirements of these Sections
and the City Code generally.
Section 23-2601. DEFINITIONS. For the purposes of these Sections, the
following terms shall have the meaning given them in this section.
A. “Activity” means a parade, event, procession, carnival, community picnic,
celebration, dance, promotional or fundraiser event, performance,
entertainment or amusement event, party, dance, market, concert, large
assembly, or other similar event.
B. “Ancillary activities” means the use or presence of any of the following at
a special event: mobile food unit; commercial tent or stand; inflatable
device; search or spot light; live music or a band; or sales of food,
beverages, or merchandise.
C. “City” means the City of Brooklyn Center, Minnesota.
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D. “City property” means any property owned or controlled by the City
including, but not limited to, City parks, City rights-of-way, or other real
property in which the City has a property interest.
E. “Inflatable device” means an amusement device that employs a high
strength fabric or other material that achieves its strength, shape, and
stability by tensioning from internal air pressure. The term includes, but is
not limited to, bounce houses, slides, obstacle courses, movie screens,
pools, and other devices that need to be inflated for proper use.
F. “Event organizer” means any person or entity who conducts, manages,
promotes, presents, sponsors, organizes, aids, or solicits attendance at a
special event.
G. “Preapproved event” means a special event the City has agreed to provide
some support services to without a charge. The preapproved events
currently include the following, but the City Council may designate others
by resolution:
1. Dudley Softball Tournament;
2. Brooklyn Center Community Celebration;
3. Music in the Park;
4. Movies in the Park; and
5. National Night Out.
H. “Right-of-way” means all portions of a city street, including the traveled
surface, parking areas, sidewalks, ditches, and all other portions in which
the City has an interest.
I. “Special event” or “event” means a temporary, organized activity
sponsored by an event organizer involving the gathering of people to
attend, participate in, or observe an activity occurring entirely or partly
outside on City property or private property, and which is reasonably
anticipated to involve one or more of the following:
1. Support services from the City;
2. Obstruct, delay, or interfere with the free and normal use of a right-
of-way;
3. Attendance of 50 or more people;
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4. Ancillary activities; or
5. Sound amplification, public address system, loud speaker, or other
audio devices likely to result in noise levels that will unreasonably
disturb others in the immediate area or that constitutes a nuisance
in violation of Chapter 19.
This term does not include activities occurring entirely within an enclosed
building.
J. “Special event permit” or “permit” means the permit that must be obtained
from the City to conduct a special event in the City.
K. “Support services” means City services or equipment requested by the
event organizer or that is otherwise reasonably needed to support the
special event that exceeds the normal level of service provided by the City
in conducting its regular service duties. Support services include, but are
not limited to, additional services provided by the City police, fire, public
works, or parks departments to perform activities such as closing streets,
crowd control, security, or traffic control. Support services also includes
City equipment used to support the event, such as barricades to close
streets and related signage.
Section 23-2602. SPECIAL EVENT PERMIT REQUIRED.
A. An event organizer is required to obtain a special event permit from the
City at least 45 days prior to holding a special event in the City.
B. If a special event requires more than one permit from the City, the City
Manager, or designee, is authorized, but not required, to:
1. Waive the requirement to obtain a special event permit if the other
required permit or permits are obtained. The City Manager, or
designee, may add conditions to the permits issued for the event to
address the purpose of the special event permit.
2. Waive the requirement to obtain one or more other permits if a special
event permit is obtained. The City Manager, or designee, may add
conditions to the special event permit as needed to address the
purpose of the other permits.
The waiver of the requirement to obtain one or more permits is not valid
unless the waiver is specifically noted in the permit issued for the event.
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C. Special events occurring on the same property shall not extend for more
than three consecutive days unless the City Manager, or designee,
determines the event organizer has demonstrated as part of the application
process that special circumstances exist to justify allowing an event to
extend beyond three days. The special event permit must indicate the
allowed period of the event. An event exceeding the specifically allowed
period shall constitute a violation of the City Code.
D. Special events that are scheduled to occur on a regular basis, or
continuously, throughout an entire season or other extended period of time
may seek a single special event permit for the entire period, not exceeding
12 months. The event organizer must specifically identify the extended
period being requested and the City Manager, or designee, shall determine
the actual length of the special event permit. The City Manager is not
obligated to grant a special event permit for the entire period requested by
the event organizer. The special event permit must indicate the allowed
period of the event. An event exceeding the specifically allowed period
shall constitute a violation of the City Code.
Section 23-2603. EXCEPTIONS. A special events permit is not required for any
of the following, but all such activities shall be conducted in accordance with the City
Code and all applicable laws.
A. Expressive Activities. Rallies, marches, demonstrations and picketing
which take place on public sidewalks, crossing streets only at pedestrian
crosswalks in accordance with traffic regulations and laws applicable to
use of public sidewalks.
B. Outdoor Demonstrations on Public Property. Demonstrations on publicly
owned property (other than public rights-of-way), unless:
1. The activity is likely to obstruct, delay, or interfere with the free
and normal use of such public property or the public rights-of-way;
or
2. The activity is likely to result in the need for the City to provide
support services in response to or arising out of the special event.
C. Block Parties. A block party occurring with a permit issued pursuant to
Sections 25-901 through 25-908 and conducted in compliance with those
sections.
D. City Activities. An event conducted by or at the request of the City. The
City agreeing to cosponsor an event does not exempt the event from the
requirements of these Sections.
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E. Funeral Processions. Funeral processions by a licensed mortuary or funeral
home.
F. Wedding Processions. Wedding processions conducted on public rights-
of-way in compliance with applicable traffic regulations, laws, and
controls.
G. Regularly Scheduled Athletic Events. Regularly scheduled outdoor athletic
events conducted on property where such events are normally held.
H. Governmental Activities. Activities conducted by a governmental entity
acting within the scope of its authority.
Section 23-2604. APPLICATION. An application for a special event permit is
available from the City Clerk’s office and, if approved, the application shall become a
part of the permit. Incomplete applications will be returned without processing.
Section 23-2605. PERMIT FEE. The event organizer is required to pay the
permit fee determined by the City to obtain a special event permit for the event. The
permit fee includes the administrative costs, support services costs, and the other costs
required to be prepaid by the event organizer under these Sections. The City Council
shall establish all such rates and costs as part of the City’s fee schedule. The City will
determine the amount of the required permit fee within 10 business days of the
submission of a complete application based on the information provided in the
application. The City will provide the event organizer written notice of the permit fee
amount, which shall be paid in full to the City within 10 days of the notice. Failure to
timely submit the required permit fee shall be deemed an automatic denial of the
requested special event permit. The City will provide the event organizer written notice
of denial for failure to submit the required permit fee.
Section 23-2606. INSURANCE. Except for marches, demonstrations, and other
events protected by the First and Fourteenth Amendments of the U.S. Constitution, the
event organizer must secure and maintain in full force and effect throughout the duration
of the event the types and amounts of insurance coverages required in this section.
A. Commercial General Liability Insurance. Commercial general liability
insurance or equivalent special event coverage protecting it from claims
for damages for bodily injury and property damage which may arise from
or in connection with the event and the use of any City property. The
policy shall be written on an occurrence basis and provide not less than
$1,000,000 per occurrence, combined single limits, and $2,000,000
aggregate, unless waived by the City. The insurance policy shall be written
on an occurrence basis and shall be written for a period not less than 24
hours prior to the event and extending for a period not less than 24 hours
following the completion of the event. The City shall be named as an
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BR291-4-675635.v7
additional insured on the policy if any portion of the event is conducted on
City property.
B. Automobile Insurance. If automobiles will be used during the event,
automobile liability insurance with a minimum combined single limit of
$1,000,000 per occurrence. Coverage shall include liability for owned,
non-owned, and hired automobiles.
C. Alcohol Liability. If alcohol will be sold or served as part of the event,
liquor liability (dram shop) insurance in the minimum amount of
$1,000,000 per occurrence.
D. Certificate of Insurance. The event organizer must submit to the City a
certificate of insurance showing the required coverages and the additional
insured endorsement if applicable. The certificate of insurance shall
require written notice be provided to the City for at least the same period
of notice required to the insured of cancellation or nonrenewal.
E. Modifications. The City reserves the right to modify these insurance
requirements depending on the nature and scope of the event.
Section 23-2607. SUPPORT SERVICES. The event organizer is responsible for
identifying in the application materials any support services it is requesting from the City
related to its event. The event organizer is strongly encouraged to contact the City prior
to submitting an application to help determine the needed amount and availability of
support services for a proposed event. The rates for support services are set out in the
City’s fee schedule. The City shall review the request and determine if it has sufficient
resources to provide the requested support services or if the amount of support services
actually needed for the event will likely exceed those requested. The City may deny a
permit if it determines it does not have sufficient resources available to provide the
needed support services for the event. The City will identify the support services it
intends to provide and the costs of such services as part of the permit fee notice. The City
does not guarantee it will be able to provide the identified support services for the event if
those services are needed to respond to an emergency or other incident requiring an
immediate response from the City.
Section 23-2608. CITY SUPPORT SERVICES FOR PREAPPROVED EVENTS.
The City will provide basic support services to preapproved events without charge. Any
additional support services that may be needed, as determined by the City, will be charged
as part of the permit fee. The City will notify the event organizer of a preapproved event
in the permit fee notice if it determines more than basic support services will be needed
for the event and the associated costs.
Section 23-2609. CITY SUPPORT SERVICES FOR CO-SPONSORED
EVENTS. The City may agree to co-sponsor certain events with other organizations if
the City Council determines the proposed event is in the general interest of the public and
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advances the City’s public image. The City may provide financial support to these events
as determined in the annual budget appropriation. These events must meet the other
requirements of these Sections and the event organizer is required to pay as part of the
permit fee any City costs in excess of the support level authorized by the budget
appropriation. Approval of an event does not require the City to approve similar events or
a repeat of the same event. Each event will be reviewed separately.
Section 23-2610. CITY SUPPORT SERVICES FOR NON-PROFIT EVENTS.
The City may provide support services to assist a special event conducted by a non-profit
organization without charge up to the amount established in the City’s fee schedule. The
event must comply with the requirements of these Sections and the event organizer is
required to pay as part of the permit fee any City costs in excess of this support level. An
event organizer submitting an application for a non-profit event submit a current IRS
501(c)(3) statement with its application. Approval of an event does not require the City to
approve similar events or a repeat of the same event. Each event will be reviewed
separately.
Section 23-2611. CITY SUPPORT SERVICES FOR FOR-PROFIT EVENTS.
The City may allow a special event operated by a for-profit event organizer that are
beneficial to the City and the public. The event is subject to an additional use charge per
day for the use of the public property as established in the City’s fee schedule, must pay
100% of all City costs related to the event, and shall comply with all other requirements
of these Sections. The costs will be set out in the permit fee notice. Approval of an event
does not require the City to approve similar events or a repeat of the same event. Each
event will be reviewed separately.
Section 23-2612. FEES FOR SUPPORT SERVICES.
A. Hourly Rates. The event organizer shall be responsible for paying the
City for any support services for which it is responsible under these
Sections based on an hourly rate associated with the type of support
services provided. The hourly rates are established by the City Council in
the City’s fee schedule and are subject to change without notice. The
hourly rates shall include expenses related to the City’s employee,
including any applicable benefits.
B. Purchased or Rental Materials. The event organizer shall be responsible
for paying the City for the actual costs of all materials purchased or rented
by the City for use at the event.
C. Equipment Charges. The event organizer shall be responsible for paying
the City for all equipment used by the City for the event at the current
equipment usage rates as established by the City.
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D. Replacement Costs. The event organizer shall be responsible for paying
the City for any of its equipment or supplies that end up missing or
damaged as a result of the event.
Section 23-2613. ISSUANCE. The City Manager, or designee, shall determine
whether to issue a special event permit based on criteria identified in the following
section. Approval of a permit is at the City’s sole discretion. The City may impose
conditions on the permit and the event organizer shall be responsible for ensuring
compliance with all such conditions, the requirements of these Sections, and of all other
applicable laws, rules, regulations, and ordinances. Issuance of a permit in no way
indicates City sponsorship of the event and does not obligate the City to approve similar
events in the future. Each application for an event will be reviewed and acted on
separately.
Section 23-2614. CRITERIA. The City Manager, or designee, shall consider the
following criteria with respect to the proposed special event and any ancillary activities to
determine whether to issue a special event permit. The City Manager, or designee, must
determine with respect to the special event and any ancillary activities that they:
A. Will not be detrimental to the public health, safety, or welfare, nor
injurious to property or improvements in the immediate vicinity of the
special event;
B. Will not cause noise, light, or glare which unreasonably impacts
surrounding uses;
C. Will not endanger the participants, spectators, or the public;
D. Will not unreasonably interfere with rights-of-way or vehicular or
pedestrian traffic flow at the proposed location;
E. Are supported by adequate plans for parking that meet the need generated
by the proposed special event;
F. Are supported by adequate plans for sanitation and refuse facilities that
meet the need generated by the proposed special event;
G. Are supported by adequate plans to return the area or routes to the same
condition or cleanliness as existed prior to the event;
H. Are supported by adequate proof of insurance; and
I. Do not exceed the resources available for the City to provide the support
services requested by the event organizer or that the City determines are
otherwise needed for the special event.
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Section 23-2615. REGULATIONS AND PROCEDURES.
A. Legal Compliance. The event must be conducted in compliance with all
applicable federal, state, and local laws, rules, regulations, and ordinances.
The event organizer is responsible for obtaining all other permits or
permissions that may be required related to the event.
B. Traffic Control Measures. The event organizer is required to pay all costs
for traffic control measures and traffic control personnel.
C. Traffic Barricades. The event organizer shall, through a bona fide
contractor, provide, install, and remove all equipment required by the
City’s public works department. The installation and removal of barricades
by the public works department is subject to the hourly rates established by
the City.
D. Notice to Property Owners. The event organizer may be required to
provide notice to surrounding owners about a special event as stipulated by
the City Manager or designee.
E. Indemnification. The event organizer shall indemnify, defend, and hold
the City harmless against any claims, demands, actions, causes of action,
charges, and expenses, including reasonable attorney fees, arising out of
the event or by reason of conducting the event. This obligation shall not
apply to claims arising solely from the City’s own negligence.
F. Damages. The event organizer shall be responsible for reimbursing the
City for all damages that may result to any real or personal property of the
City as a result of an event.
G. Supervision. The event organizer is required maintain adult supervision of
the event at all times. The event organizer shall provide security for the
event as stipulated by the City’s Chief of Police or designee. Any security
provided by the City as part of its support services will be billed at the
established hourly rate.
H. Clean-up. The event organizer shall, at no cost to the City, immediately
clean up, remove, and properly dispose of all litter or material of any kind,
which is placed or left on City property because of the event. If the event
organizer neglects or fails to proceed with clean up of City property within
a two-hour period immediately following the end of the event, or if the
cleanup is done in an inadequate manner, the City may conduct the
cleanup and charge event organizer at the established hourly rate.
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I. Trash Disposal. The event organizer will provide plans for trash disposal
including the company contracted for trash disposal as part of the special
event permit application.
J. Restrooms. The event organizer shall provide plans for providing
restrooms including the company contracted for supplying restrooms as
part of the special event permit application.
K. Use of City Utilities. The event organizer shall not use City utilities for any
event, unless permission has been granted by the City.
L. Food Permits. If required, the event organizer shall obtain a Minnesota
Department of Health food license and shall comply at all times with the
applicable health codes and regulations. Proof of license shall be provided
to the City Clerk at least seven days before the event and kept on site for
immediate inspection.
M. Mobile Food Units. If one or more mobile food units will be used at the
event, the event organizer shall provide a mobile food unit license to the
City prior to the event.
N. Alcoholic Beverages on Public Property. The sale of alcohol at an event
may only occur if approved as part of the permit and then only if all
required liquor licenses are in place. The event organizer shall obtain a
temporary liquor license for the sale of any alcohol in accordance with
Section 11-111. The event organizer is required to follow the City’s
procedures and policies regarding the use of City property. All of the
following apply to any special events involving the sale of alcohol:
1. Fencing surrounding the defined area for the service of alcoholic
beverages will be secured to establish the outdoor event area. All
liquor sales and containers used for consumption must remain in
the defined space.
2. There should be controlled access to the event with event security
personnel to identify and wrist band those of legal age to consume.
The gate/emergency exit of the fenced area will need to be
continuously staffed to prevent patrons from leaving with alcoholic
beverages.
3. Events are “21 and over” after 9 p.m. when alcohol is being served.
4. All alcohol service will cease at 10 p.m. All patrons must exit the
defined space by 10:30 p.m.
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5. Event security will assist the police department in clearing the
event at closing time. The closing time should be prominently
displayed throughout so there is no confusion at the end of the
evening when patrons are asked to leave.
6. Event organizers may be required to hire uniformed police officers
to supplement their security staff. Monitoring of those consuming
alcohol will be done by the event organizer and the City’s police
officers who have been hired to assist with the oversight of the
event.
O. Outdoor Music. No outdoor music or amplified sound is allowed during
the hours of 10 p.m. and 7 a.m. The City’s Police Chief or designee has the
ability to direct the event organizer to control the level of noise and/or
terminate the event at any time. Any plans for outdoor music or amplified
sound must be described in the special event permit application.
P. Outdoor Tents. A building permit must be obtained for any tents
exceeding 200 square feet. Erection of tents, canopies, or similar structures
as part of the event is allowed; however, the event organizer cannot drive
stakes, nails, screws, posts, or otherwise disturb paved City parking lots, or
either paved or unpaved surfaces within a right-of-way to secure such
features.
Q. Waivers. The event organizer may request a waiver from the strict
application of one or more requirements of these Sections. The event
organizer shall submit the waiver request in writing, identify the specific
requirement to be modified, describe the requested modification, and the
factors that the City Manager, or designee, should consider when
determining the proposed waiver. The City Manager, or designee, is
authorized to deny, approve, or approve with modifications the requested
waiver. Waiver requests must be submitted with the special event permit
application. Approval of a waiver does not require the City to approve
similar waivers for any future events. Each waiver will be reviewed
separately.
R. Cancellation. The event organizer may cancel an event by giving at least
10 days written notice to the City. The City will refund the unused portion
of permit fee to the event organizer. If less than 24 hours’ notice is given to
cancel an event that required support services, staff will be compensated
for a 2-hour minimum charge. City staff has the authority to cancel or stop
an event, or place additional restrictions on the event, in order to protect
public health, safety, or welfare. The City will notify the event organizer
as soon as is practically possible if it cancels the event or if it modifies the
conditions imposed on the event. The City may also immediately
terminate an event in an emergency if needed to protect public safety. Any
12
BR291-4-675635.v7
such cancellation or termination of an event by the City constitutes a
revocation of the permit. It is a violation of these Sections to conduct, or
continue to conduct, the event once it is cancelled or terminated by the
City.
S. Additional Requirements. City staff may place any additional
requirements on any event. These requirements may include specific staff
levels for police, fire, public works, or other personnel. Expenses for any
additional support services will be invoiced to the event organizer as
additional costs as provided in these Sections.
Section 23-2616. ADDITIONAL COSTS.
A. Addition Costs. The event organizer shall be responsible for reimbursing
the City for any additional costs the City incurs related to a special event.
Additional costs are any costs the City incurs that exceed the permit fee
and include, but are not limited to the following:
1. Damage to or loss of any City equipment or property related to the
event;
2. Support services exceeding the planned for level of support; and
3. Clean up costs if the event organizer fails to clean up and restore City
property to its pre-event condition.
B. Invoicing. The City will provide an itemized invoice for the additional
costs the event organizer is required to pay the City. The invoice will
identify the specific types and amounts of additional costs. The event
organizer shall pay the full amount of the additional costs within 15 days
of the date of the invoice. Failure to timely pay the additional costs may
result in the denial of any future special event permit applications for the
same or similar event or submitted by the same event organizer.
C. Collection. All amounts the event organizer is required to pay the City
under these Sections shall constitute a service charge collectable by the
City under Minnesota Statutes, section 366.012, which is available to the
City under Minnesota Statutes, section 415.01, subdivision 1, on any
property the event organizer owns in the state. Any portion of the service
charge not paid, including collection costs, may be certified for collection
on the property taxes of the event organizer. The City may also pursue any
other options available to it under law to recover the amounts owed by the
event organizer, including the costs of collection.
ARTICLE II. Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
13
BR291-4-675635.v7
Adopted this ___ day of __________ 2021.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication _________________________
Effective Date _____________________________
(Strikeout indicates material to be deleted, double underline indicates new material.)
BR291-4-759908.v1
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2021-____
CITY OF BROOKLYN CENTER, MINNESOTA
A RESOLUTION APPROVING THE FIRST READING OF AN ORDINANCE
AMENDING CHAPTER 23 TO ALLOW AND REGULATE SPECIAL EVENTS
WHEREAS, the City of Brooklyn Center (“City”) desires to adopt regulations to establish
a comprehensive and uniform method for regulating and permitting special events in the City; and
WHEREAS, City staff developed a proposed ordinance titled “An Ordinance Amending
Chapter 23 to Allow and Regulate Special Events” (“Ordinance”), which creates new sections 23-
600 through Section 23-2616 to regulate special events, including those which require support
services from the City; and
WHEREAS, the City Council considered a draft of the Ordinance at its October 11, 2021
work session and now the final proposed Ordinance is before it to conduct a first reading in
accordance with Section 3.04 of the City Charter.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center as follows:
1. A first reading of the Ordinance is approved.
2. A public hearing, second reading, and possible action on the Ordinance is scheduled for the
regular City Council meeting to be held on December 13, 2021.
3. 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 at least seven
days before the scheduled hearing:
City of Brooklyn Center
AN ORDINANCE AMENDING CHAPTER 23
TO ALLOW AND REGULATE SPECIAL EVENTS
Please take notice that the City Council of the City of Brooklyn Center will hold a
public hearing electronically via Zoom 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 to amend Chapter
23 of the City Code by adding new Sections 23-2600 through 23-2616 to establish
regulations on special events in the City and to require special event permits. The
ordinance contains definitions, requires a special event permit be obtained, establishes
permitting procedures, provides certain exceptions to the permitting requirement, sets out
BR291-4-759908.v1
requirements for those organizing special events, and provides a process to charge for
City supports services requested or needed related to special events. A copy of the full
ordinance is available on the City’s website. Information for how to connect the meeting
is available on the City’s website or by contacting the City Clerk.
4. City staff are authorized to take such other actions as may be needed to carry out the intent of
this Resolution and to prepare the Ordinance for a hearing, second reading, and action at the
December 13, 2021 City Council meeting.
November 8, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:K im M oore, I nterim H uman Resources D irector
S U B J E C T:Res olu-on A pproving the C ontract for the Labor A greement for Law Enforcement Labor
S ervices, I nc. (L E L S Number 86) and the City of Brooklyn Center for the Calendar Years
2022-2024
Requested Council A con:
- Moon to approve the resoluon approving the contract between the C ity of Brookly n C enter and Law
Enforcement Labor S ervices, I nc. (L E L S Number 86) for the calendar years 2022-2024
B ackground:
The current contract w ith L E L S 86 (s ergeants and commanders) will expire on D ecember 31, 2021. The C ity
and the Union have met and nego-ated in good faith to reach a s e<lement on all issues of concern. This
labor agreement covers all police officers and detec-ves.
The a<ached agreement has been approved by a vote of the members and upon adop-on by the C ity
Council will es tablish wages and working condi-ons for calendar years 2022 - 2024.
The A r-cles affected by thes e nego-a-ons include the follow ing:
AR T I C L E 27 – Vaca-on L eave
27.1 Permanent full -me employees s hall earn vaca-on leave w ith pay as per the follow ing schedule:
6 through 10 years of s ervice one hundred twenty-eight (128) hours per year (accrued at 4.92 hours per
pay period)
eight (8) addi-onal hours per year of s ervice to a maximum of one hundred s ixty (168) hours aDer fiDeen
(15) years of s ervice
11 years – 5.23 hours per pay period
12 years – 5.54 hours per pay period
13 years – 5.85 hours per pay period
14 years – 6.15 hours per pay period
15 years – 6.46 hours per pay period
At 20 years of service eight (8) addi-onal hours accrued at 6.77 hours per pay period to a maximum annual
accrual of 176 hours .
A R TI C L E 29 - Insurance
29.1 F ull--me employees
For the dura-on of this agreement, the C ity will offer the bes t of any agreement that w e have for any other
employee group.
A R TI C L E 30 - Wage S chedule
· Three (3%) increase and ($511 S ergeants /$585 C ommanders) per month market adjus tment effec-ve
January 1, 2022
· Three (3% and no market rate adjus tments ) increase effec-ve January 1, 2023
· Three (3% and no market rate adjus tments ) increase effec-ve January 1, 2024
A R TI C L E 36 – D uraon
Three-year agreement January 1, 2019 – D ecember 31, 2021.
B udget I ssues:
I n 2022, the cost of the w age adjustment is approximately $123,570. The increase in the C ity ’s ins urance
contribu-on is approximately $66 per employee per month from $1,320 to $1,386, which is the s ame as
offered to all employees .
I n 2023, the cost of the w age adjustment is approximately $43,587. The increase in the C ity ’s ins urance
contribu-on is unknown at this -me, but the amount will be the same as offered to all employees.
I n 2024, the cost of the w age adjustment is approximately $44,581. The increase in the C ity ’s ins urance
contribu-on is unknown at this -me, but the amount will be the same as offered to all employees.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera-onal Excellence
AT TA C H M E N TS :
D escrip-on U pload D ate Type
Res olu-on 11/4/2021 Cover Memo
C ontract 11/8/2021 Backup M aterial
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING THE LABOR AGREEMENT FOR LAW
ENFORCEMENT LABOR SERVICES, INC. (LELS NUMBER 86) AND THE
CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2022-2024
WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states
that the City Council is to fix the salary or wages of all officers and employees of the City; and
WHEREAS, the City has negotiated in good faith with LELS NUMBER 82 (Police
and Detectives) for a contract for the years 2022-2024 as attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center approves the attached contract with LELS NUMBER 82 (Police and Detectives) for
the calendar years 2022-2024; and
BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to
exceed the maximum contained herein shall become effective according to the schedule of the
contract, which commences January 1, 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 -
Master Labor Agreement
Between
City of Brookl yn Center
And
Law Enforcement Labor Services, Local Number 86
January 1, 2022 - December 31, 202 4
- 2 -
TABLE OF CONTENTS
ARTICLE PAGE
1 Purpose of Agreement 1
2 Recognition 1
3 Definitions 1
4 Employer Security 1
5 Employer Authority 2
6 Union Security 2
7 Savings Clause 2
8 Constitutional Protection 2
9 Seniority 2
10 Work Schedules 3
11 Discipline 4
12 Employee Rights - Grievance Procedure 4
13 Overtime (Sergeant Classification) 6
14 Court Time 7
15 Call Back Time 8
16 Working Out of Classification 8
17 Standby Pay 8
18 Leaves of Absence 8
19 Severance 9
20 Injury on Duty 9
21 False Arrest Insurance 9
22 Training 10
23 Post License Fees 10
24 Unif orms 10
25 Holiday Leave 10
26 Vacation Leave 11
27 Sick Leave 12
28 Insurance 13
29 Wage Rates 13
30 Benefits for Retirees 14
31 Mileage and Expense Reimbursement 14
32 Light Duty 14
33 Tuition Refund 14
34 Retiree Health Savings Plan (RHSP) 15
35 Agreement Implementation 17
36 Waiver 17
37 Duration 17
- 3 -
ARTICLE 1 - Purpose of Agreement
This Agreement is entered into between the City of Brooklyn Center, hereinafter called the
Employer, and Law Enforcement Labor Services, "Local No. 86", hereinafter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation
and/or application; and
1.2 Place in written form the parties' Agreement upon terms a nd conditions of employment for the
duration of this Agreement.
ARTICLE 2-Recognition
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statues,
Section 179A.03, Subdivision 6, for all police personnel in the following job classifications:
Sergeant; Commander
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of
a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services
for determination.
ARTICLE 3 - Definitions
3.1 Union: Law Enforcement Labor Services, "Local No. 86."
3.2 Union Member: A member of Law Enforcement Labor Services, "Local No. 86."
3.3 Department: The City of Brooklyn Center Police Depa1tment.
3.4 Employee: A member of the exclusively recognized bargaining unit.
3.5 Employer: The City of Brooklyn Center.
3.6 Chief: The Chief of the Brooklyn Center Police Department.
3.7 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, "Local No.
86."
3.8 Overtime: Work pe1formed at the express authorization of the Employer in excess of the
employee's scheduled shift.
3.9 Scheduled Shift: A consecutive work period including rest breaks and a lunch break.
3.10 Rest Breaks: Period during the Scheduled Shift during which the employee remains on
continual duty and is responsible for assigned duties.
3.11 Lunch Breaks: A period during the Scheduled Shift during which the employee remains on
continual duty and is responsible for assigned duties.
3.12 Regular Base Pay Rate: The employee's hourly or monthly base pay rate.
3.13 Strike: Concerned action in failing to report for duty, the willful absence from one's position,
the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and
proper performance of the duties of employment for the purposes of inducin g, influencing, or
coercing a change in the conditions or compensation or the rights, privileges, or obligations of
employment.
ARTICLE 4 - Employer Security
The Union agrees that during the life of this Agreement the Union will not cause, encourage,
participate in, or supp01t any strike, slowdown, or other interruption of or interference with the
normal functions of the Employer.
- 4 -
ARTICLE 5 - Employer Authority
5.1 The Employer retains the full and unrestricted right to operate and manage all personnel ,
facilities, and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational structure; to
select, direct, and determine the number of personnel, to estab lish work schedules, and to
perform any inherent managerial function not specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to modify, establish, or
eliminate.
ARTICLE 6 - Union Security
6.1 The Employer shall deduct the wages of employees who authorize such a deduction in writing
an amount necessary to cover monthly Union dues. Such monies shall be remitted as directe d
by the Union.
6.2 The Union may designate employees from the bargaining unit to act as a steward and an
alternate and shall inform the Employer in writing of such choice and changes in the position of
steward and/or alternate.
6.3 The Employer shall make space available on the employee bulletin board for posting Union
notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims,
suits, orders, or judgments brought or issued against the Employer as a result of any action
taken or not taken by the Employer under the provisions of this Article.
ARTICLE 7 - Savings Clause
This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of
Brooklyn Center. In the event any pro vision of the Agreement shall be held to be contrary to, law
by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provisions shall be voided. All other provisions of this Agreement
shall continue in full force and effect. The voided provision may be renegotiated at the written
request of either party.
ARTICLE 8 - Constitutional Protection
Employees shall have the rights granted to all citizens by the United States and Minnesota
Constitutions.
ARTICLE 9 - Seniority
9.1 Seniority shall be determined by continuous length of service in the job classification covered
by this Agreement. Employees promoted from the classification covered by this Agreement to
a position outside the bargaining unit will continue to accrue seniority under this Agreement
until the completion of their promotional probationary period or for no longer than twelve (12)
months. The seniority roster shall be based on length of service in the job classification
covered b y this Agreement. Employees lose seniority under this Agreement under the
following circumstances: resignation, discharge for cause, or transfer or promotion to a
- 5 -
classification not covered by this Agreement after completion of the promotional probationary
period or for no longer than twelve (12) months after transfer or promotion.
9.2 There shall be an initial probationary period for new employees of twelve (12) months. During
the probationary period, a newly hired or rehired employee may be discharged at the sole
discretion of the Employer. During the probationary period, a promoted or reassigned
employee may be replaced in their previous position at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority. The Employer shall
give the Union and the employees at least two (2) weeks written notice in advance of any
layoff. Employees shall be recalled from layoff on the basis of seniority. An employee on
layoff shall have an oppo1tunity to return to work within two (2) years of the time of the layoff
before any new employee is hired.
9.4 Senior qualified employees shall be given shift assignment preference after twelve (12) months
of continuous full-time employment. Except as noted in the preceding sentence, shift
assignments shall be bid on the basis of seniority at least annually in January and within 30
days of any permanent change in the work schedule. Employees will not be subject to shift
rotation more often than every four (4) months. If a special assignment's position is created,
assignment to such position shall be opened for bidding on the basis of seniority for up to a
two-year assignment in such position. A person shall not be eligible to bid or be assigned to
such special assignment position more often than two years out of any four continuous year
periods. In the event that no one bids a special assignment position, an employee who is
otherwise ineligible to bid it because they have already held it for two years within a four year
continuous period, shall then be eligible to bid for the position. If an employee is assigned to a
special assignment position, they shall be eligible to bid for any other position at the next bid.
[A special assignment position is one out of the normal shift rotation with primary emphasis on
patrol management.]
9.5 One continuous vacation period shall be selected on the basis of seniority until January 31 of
each calendar year.
9.6 The Employer shall recognize seniority as the primary factor when authorizing holiday leave
and compensatory time leave.
9.7 No time shall be deducted from an employee's seniority accumulation due to absences
occasioned by an authorized leave with pay, any military draft or government call-up to
Reserves or National Guard, or for layoffs less than two (2) years in duration.
ARTICLE 10 - Work Schedules
10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each
employee through:
a. hours worked on assigned shifts,
b. holidays,
c. assigned training, and
d. authorized leave time.
- 6 -
10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual
hours used for such leave based on the time that the employee would otherwise have been
scheduled to work.
10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the Employer may assign employees.
10.4 Record .66 of compensatory time per pay period for each sergeant for the daily passing of
information.
ARTICLE 11 - Discipline
11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more
of the following forms:
a. oral reprimand;
b. written reprimand;
c. suspension;
d. demotion; or
e. discharge.
11.2 Suspension, demotions, and discharges will be in written form.
11.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part
of an employee's personnel file shall be read and aclmowledged by signature of the employee.
Employees and the Union will receive a copy of such reprimands and/or notices.
11.4 Employees may examine their own individual persom1el files at reasonable times under direct
supervision of the Employer.
11.5 A single disciplinary action for failure to attend training, comt or tardiness will be removed
from the personnel file after 18 months if, during that time, the single incident of discipline for
failure to attend training, cour t or tardiness, is the only occurrence of discipline during that 18
month period.
11.6 Discharges will be preceded by a five (5) day suspension without pay.
11.7 For purposes of discip line, a day will mean eight (8) hours.
11.8 Employees will not be questioned concerning an investigation of proposed disciplinary action
against the employee being questioned unless the employee has been given an opp01tunity to
have a Union representative pres ent at such questioning.
11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance
procedure under A1ticle 12.
ARTICLE 12 - Employee Rights - Grievance Procedure
12.l Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of this Agreement.
- 7 -
12.2 Union Representatives - The Employer will recognize Representatives designated by the Union
as the grievance representatives of the bargaining unit having the duties and responsibilities
established by this Article. The Union shall notify the Employer in writing of the names of
such Union Representatives and of their successors when so designated as provided by 6.2 of
this Agreement.
12.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that
the processing of grievances as hereinafter provided is limited by the job duties and
responsibilities of the Employees and shall therefore be accomplis hed during normal working
hours only when consistent with such Employee duties and responsibilities. The aggrieved
Employee and a Union Representative shall be allowed a reasonable amount of time without
loss in pay when a grievance is investigated and presented to the Employer during normal
working hours provided that the Employee and the Union Representative have notified and
received the approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs of the Employer.
12.4 Procedure - Grievances, as defined by Section 12.1, shall be resolved in conformance with the
following procedure:
Step 1. An Employee claiming a violation concerning the interpretation or application of this
Agreement shall, within twenty-one (21) calendar days after such alleged violation has
occurred, present such grievance to the Employee's supervisor as designated by the Employer.
The Employer -designated representative will discuss and give an answer to such Step 1
grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and
appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts
on which it is based, the provision or provisions of the Agreement allegedly violated, the
remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the
Employer-designated representative's final answer in Step 1. Any grievance not appealed in
writing to Step 2 by the Union within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and discussed with
the Employer -designated Step 2 representative. The Employer -designated representative shall
give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after
receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3
within ten (10) calendar days following the Employer-designated representative's final Step 2
a nswer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar
days shall be considered waive.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed with
the Employer -designated Step 3 representative. The Employer -designated representative shall
give the Union the Employer's answer in writing within ten (10) calendar days after receipt of
such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within
ten (10) calendar days following the Employer-designated representative's final answer to Step
3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days
shall be considered waived.
- 8 -
Step 3ct. If the grievance is not resolved at Step 3 of the grievance procedure, the paiiies, by
mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services.
Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance
procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10)
calendar days of mediation shall be considered waived.
Step 4. A grievance unr esolved in Step 3 or Step 3a and appealed to Step 4 by the Union shall
be submitted to arbitration subject to the provisions of the Public Employment Labor Relations
Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the
"Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation
Services.
12.5 Arbitrator's Authority
a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this Agreement. The arbitrator shall consider and
decide only the specific issue(s) submitted in writing by the Employer and the Union,
and shall have no authority to make a decision on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, rules , or regulations
having the force and effect of law. The arbitrator's decision shall be submitted in
writing within thirty (30) days following close of the hearing or the submission of briefs
by the parties , whichever be later, unless the parties agree to an extension. The decision
shall be binding on both the Employer and the Union and shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement and to
the facts of the grievance presented.
c. The fees and exp enses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for
the record. If both parties desire a verbatim record of the proceedings, the cost shall be
shared equally.
12.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived." If a grievance is not appealed to the next step within the specified time limit or any
agreed extension thereof, it shall be considered settled on the basis of the Employer's last
answer. If the Employer does not answer a grievance or an appeal thereof within the specified
time limits, the Union may elect to treat the grievance as denied at that step and immediately
appeal the grievance to the next step. The time limit in each step may be extended by mutual
written Agreement of the Employer and the Union in each step.
ARTICLE 13 - Ove1·time (Sergeant Classification)
13.1 Employees will be compensated at one and one-half (1½) times the employee's regular base pay
rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift
do not qualify an employee for ove1iime under this Article.
- 9 -
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as
unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded, or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest six (6) minutes.
13.6 Employees have the obligation to work ove1time or call backs if requested by the
Employer unless unusual circumstances prevent the employee from so working.
13.7 When employees have less than twelve (12) hours of duty-free time between assigned shifts,
they will be compensated at a rate of one and one-half (1½) times the employee's regular base
pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime,
voluntary changes of shifts, City-contracted work, training, and cour t time are considered as
duty-free time. The twelve (12) hour requirement may be waived by mutual Agreement
between the Employee and the Police Administration.
13.8 As an option to monetary compensation for ove1time, an employee may annually elect
compensat01y time off at a rate of one and one-half (1 ½) time. An employee's compensato1y
time bank shall not exceed sixty (60) hours at any time during a calendar year. Employees with
fewer than thirt y (30) hours of compensatory time will be paid out to the employee on or
about the first paycheck in December. Employees with thirty (30) or more hours up to the sixty
(60) hour limit will have pay placed in the employee's HCSP account on or about the first
paycheck in December. No compensatory time will be accumulated or used during the month
of December. Special ove1time duty assignments made available to all employees by the Chief
of Police at the employee's rate of compensation will not be eligible for compensat01y time.
Compensat01y time off shall be granted only at the convenience of the Employer with prior
approval of the Employer -designated supervisor.
13.9 Employees given less than sixteen (16) hour notice of a scheduled duty change other than their
regularly scheduled work period shall be compensated at one and one-half (1½) times the
employee's regular pay rate for hours worked outside of the scheduled work period.
13.10 Police Commanders are only eligible for overtime pay for privately funded and grant funded
projects (Safe and Sober, etc.) and are otherwise ineligible for overtime.
ARTICLE 14 - Court Time
14.1 Court Appearances:
14.1.1 An employee who is required to appear in court during their scheduled off-duty time
shall receive a minimum of three (3) hours pay at one and one -half (1 ½) times the
employee's base pay rate. An extension or early report to a regularl y scheduled shift
for court appearance does not qualify the employee for the three (3) hour minimum.
Employees shall not be required to work office or street duty to qualify for the court
time minimum.
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14.1.2 An employee who is required to appear in court during their scheduled off-duty time
shall be given 12 hours prior notification of cancellation of the court appearance. If
the notification if not given 12 hours prior to the scheduled court time, the employee
will receive the three (3) hour court time minimum.
14.2 Standby Pay:
14.2.1 Any employee placed on standby on scheduled days on will be paid three (3) hours at
one times the employee's base pay. IE: If an officer is scheduled to work night shift
on Monday and Tuesday night and is placed on standby on Monday or Tuesday, then
standby pay would be at straight time.
14.2.2 An employee who is placed on standby for court during their scheduled off-duty time
shall be given 12 hours prior notific ation of cancellation of the court appearance. If
the notification is not given 12 hours prior to the scheduled cou1t time, the employee
will receive the three (3) hour minimum as provided in Section 14.2.1 or 14.2.2.
14.2.3 Any employee w ho is placed on stand-by for cour t should retain a copy of the notice
placing them on stand-by, or obta in the name of the person placing them on stand-by.
ARTICLE 15 - Call Back Time
An employee who is called to duty during their scheduled off -duty time shall receive a minimum of
two (2) hours pay at one and one-half (1½) times the employee's base pay rate. An extension or early
report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour s
minimum.
ARTICLE 16 - Working Out of Classification
Employees assigned by the Employer to assume the full responsibilities and authority of a higher job
classification shall receive the salaiy schedule of the higher classification for the duration of the
assignment.
ARTICLE 17 - Standby Pay
Employees required by the Employer to standby shall be paid for such standby time at the rate of one
hour's pay for each hour on standby.
ARTICLE 18 - Leaves of Absence
18.1 In cases of demonstrated need and where sick leave has not been abused, the Employer shall
grant to employees a leave of absence without pay for extended personal illness after the
a ccumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90)
calendar days. Upon granting such unpaid leave of absence, the Employer will not
permanently fill the employee's position and the employee's benefits and rights shall b e
retained.
18.2 An employee called to serve on a jur y shall be reimbursed the difference between the
amount paid for such service (exclusive of travel and expense pay) and compensation for
regularly scheduled working hours lost because of jur y service.
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18.3 Employees ordered by proper authority to National Guard or Reserve Milita1y Service not
exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence
without loss of status. Such employees shall receive compensation from the Employer equal to
the difference between his/her regular pay and the lesser military pay.
18.4 Employees called and ordered by proper authority to active military service in time of war or
other properly declared emergency shall be entitled to leave of absence without pay during such
service. Upon completion of such service, employees shall be entitled to the same or similar
employment of like seniority, status, and pay as if such leave had not been taken, subject to the
specific provisions of Chapter 192 of the MN Statutes.
18.5 Members of the bargaining unit will receive such additional leaves as provided for under State
or Federal law, as the same laws may be amended from time to time.
18.6 Additional leaves of absence may be granted in the City Manager's discretion upon the same
terms and conditions as then applicable to non-Union employees pursuant to the City's
Personnel policy applicable to non-Union employees at the time of application for a leave of
absence.
ARTICLE 19 - Severance
19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his
employment.
19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to
their credit at the time of resignation or retirement, times their respective regular pay rate, shall
be paid to employees who have been employed for at least five (5) consecutive years. If
discharged for just cause, severance pay shall not be allowed.
19.3 Employees electing to participate in a Health Care Savings Plan will receive 40% of sick lea ve
severance paid into the Health Care Savings Plan. Employees not eligible to participate in the
Health Care Savings Plan will receive one-third of sick leave severance.
ARTICLE 20 - Injury on Duty
Employees injured during the performance of their duties for the Employer and thereby rendered
unable to work for the Employer will be paid the difference between the employee's regular pay and
Workers' Compensation insurance payments for a period not to exceed 720 hours per injury, not
charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3)
working day initial waiting period per injury. The three (3) working day waiting period shall be
charged to the employee's sick leave account less Workers' Compensation insurance payments.
ARTICLE 21 - False Arrest Insurance
The City of Brooklyn Center shall maintain liability insurance that includes a provision for
unlawfully detaining an individual when an employee is acting within the scope of their duties on
behalf of the City of Brooklyn Center.
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ARTICLE 22 -Training
22.1 The Employer shall reimburse each employee who is required to maintain a license as a law
enforcement officer under Minnesota Statutes, Section 626.84, et seq., for actual expenses of
tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of
the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such
training every three (3) years. The Employer need not make such reimbursement for attendance
at a course located less than sixty (60) miles from the City of Brooklyn Center and such
reimbursement shall not exceed similar allowances for state employees. If the Employer
provides in-service training to its employees which meets the continuing education requirements
of the Minnesota Police Officers Standards and Training Board, and if the Employer provides its
employees with an opportunity to attend such in-service training courses, to the extent that such
opportunity is provided to each employee, t he obligation of the Employer to reimburse such
employee for expenses incurred in attending continuing education courses shall be reduced.
22.2 The Employer shall pay each employee their regular salary while attending continuing
education courses whether or not such courses attended are in-service training courses or
courses given by instructors other than the Employer. The obligation of the Employer to pay
such salaries shall not exceed a total of forty-eight (48) hours every three (3) years.
ARTICLE 23 - Post License Fees
The Employer shall pay up to $90 for the cost of POST license fees for all employees requiring such
license during each licensing period.
ARTICLE 24- Uniforms
The Employer shall provide required uniform and equipment items. In addition, the Employer shall
pay to the unifo1med officers a maintenance allowance of $155 per year. Plainclothes officer(s) shall
be paid a clothing allowance of $590 per year.
ARTICLE 25 - Holiday Leave
25.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96) hours of
holiday leave shall be advanced to employees on January 1st of each calendar year beginning
on January 8, 2002. In the event an employee is not employed for the entire calendar year,
the employee's holiday leave shall be reduced by eight (8) hours for each full month that the
employee will not have worked in that calendar year.
25.2 Employees may use holiday leave with the approval of the Employer.
25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day,
or Labor Day shall receive time and one-half (1½) employee's regular pay rate for all hours
actually worked during the named holiday.
25.4 An employee who works on New Year's Day, Thanksgiving Day, or Christmas Day shall
receive two times the employee's regular pay rate for all hours actually worked during the
named holiday.
25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours
worked on holidays when such work is part of the planned schedule.
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25.6 An employee may request a holiday off, which he/she is required to work, prior to fourteen
calendar days before the holiday. The Employer shall post the open holiday shift to be filled
by another employee at the holiday rate of pay. The employee making the request for the
holiday off is responsible for working the holiday if the posting is not filled five (5) days
prior to the holiday.
25.7 Employees beginning employment after January 1st of a calendar year shall receive eight (8)
hours of holiday leave per month beginning on the first month in which they are working as
of the first day of that month. Such employees shall receive an advance of holiday leave
hours equal to eight (8) hours multiplied by the number of whole months they will work
through December of the year in which they were first employed.
25.8 Any holiday leave not used on or before December 31st of each year will be deemed forfeited
and shall not carry over into the next calendar year.
ARTICLE 26 - Vacation Leave
26.1 Permanent full-time employees shall earn vacation leave with pay as per the following
schedule:
0 through 10 years of service - one hundred twenty (128) hours per year
(accrued at 4.62 hours per pay period)
Eight (8) additional hours per year of service to a maximum of one hundred
sixty (160) hours after fifteen (15) years of service
11 years – 5.23 hours per pay period
12 years - 5.54 hours per pay period
13 years - 5.85 hours per pay period
14 years - 6.15 hours per pay period
15 years - 6.46 hours per pay period
26.2 Employees using earned vacation leave or sick leave shall be considered working for the
purpose of accumulating additional vacation leave.
26.3 Vacation may be used as earned, except that the Employer shall approve the time at which
the vacation leave may be taken. Employees shall not be permitted to waive vacation leave
and receive double pay.
26.4 Employees may accrue a maximum of two hundred thirty (230) hours of vacation leave.
Employees may not cany forward more than two hundred thirty (230) hours of vacation
leave from year to year.
26.5 Employees leavi ng the service of the Employer in good standing, after having given the
Employer fourteen (14) day notice of te1mination of employment, shall be compensated for
vacation leave accrued and unused.
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ARTICLE 27 - Sick Leave
27.1 Sick leave with pay shall be gra nted to probationary and permanent employees at the rate of
eight (8) hours per month or 96 hours per year ' (computed at 3,69 hours per pay period) of
full-time service or major fraction thereof, except that sick leave granted probationary
employees shall not be available for use during the first six (6) months of service.
27.2 Sick leave shall be used normally for absence from duty because of personal illness or legal
quarantine of the employee, or because of serious illness in the immediate family.
Immediate family shall mean brother, sister, parents, parents -in-law, spouse, or children of
the employee; Sick leave may be used for the purpose of attending the funeral of
immediate family members plus brothers-in-law, sisters-in-law, grandparents,
grandparents-in-law, and grandchildren of the employee.
27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per
year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69
hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have
been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty-
eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously
vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two
(2) hours per month or twenty-four (24) hours per year (computed at .925 hours per pay
period). Employees using earned vacation or sick leave shall be considered to be working
for the purpose of accumulating additional sick leave. Workers' Compensation benefits
shall be credited against the compensation due employees utilizing sick leave.
27.4 In order to be eligible for sick leave with pay, an employee must:
a. notify the Employer prior to the time set for the beginning of their normal scheduled
shift;
b. keep the Employer informed of their condition if the absence is of more than three (3)
days duration;
c. submit medical certificates for absences exceeding three (3) days, if required by the
Employer.
27.5 Employees abusing sick leave shall be subject to disciplinary action.
27.6 An employee who accumulated 960 hours of sick leave and who uses not more than the
equivalent of two regularly scheduled shift's worth of sick leave hours in a calendar yea r
shall receive a wellness incentive equal to one of the employee's regularly scheduled shifts'
compensation at the employee's regular rate of compensation.
27.7 Employees who have at least 480 hours shall be annually paid a maximum of 15 hours for
the purchas e of healthy living items, such as gym memberships, exercise equipment, etc.
Accumulated sick leave shall not be below 480 hours. This s a one-year pilot program and
will expire December 31, 2019.
During 2019, two designated union representatives will work with the
Benefits/Wellness Committee to structure a program and have measures in place to
determine success.
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ARTICLE 28 - Insurance
28.1 2019 Full-time Employees
Effective 1/1/2022 and for the duration of this agreement , the City will will offer the best
of any agreement that we have for any other employee group. contribute payment of
one thousand one hundred ninety- eight dollars ($1,198) per month per employee for use
in participating in the City's insurance benefits for those employees who elect to participate
in a high deductible health plan.
Effective 1/1/19, the City will contribute payment of eight hundred eighty-nine dollars
($889) per month per employee for use in participating in the City's insurance benefits for
those employees who elect to opt out.
2020 & 2021 Full-time Employees
The City will offer the best of any agreement that we have for any other employee group for
2020 and 2021.
28.2 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide
payment for premium of basic life insurance in the amount of $10,000. The employee may
use the remainder of the contribution (limits as stated above) for use as provided in the
Employer's Cafeteria Benefit Plan. The Employer will make a good faith effort to provide
the following options for employee selection: group dental, supplemental life, long-term
disability, deferred compensation or cash benefits. The Employer will be excused from the
requirement of offering a particular option where such becomes unfeasible because of
conditions imposed by an insurance carrier or because of other circumstances beyond the
City's control.
ARTICLE 29 - Wage Rates
sergeant
Date 1/1/2023 (3% increase and no
market adjustments )
Sergeant Rate
Start $52.96/hour
Step 1 $57.16/hour
After 36 months $58.51/hour
Date 1/1/2022 (3% plus $511 monthly
market adjustment)
Sergeant Rate
Start $47.06 51.42/hour
Step 1 $51.02 55.50/hour
After 36 months $52.29 56.81/hour
- 16 -
Date 1/1/2024 (3% increase and no
market adjustments )
Sergeant Rate
Start $54.55/hour
Step 1 $58.87/hour
After 36 months $60.27/hour
Commander
Date 1/1/2023 (3% increase and no
market adjustments )
Sergeant Rate
Start $64.36/hour
Step 1 $65.68/hour
After 36 months $67.01/hour
Date 1/1/2024 (3% increase and no
market adjustments )
Sergeant Rate
Start $66.29/hour
Step 1 $67.65/hour
After 36 months $69.02/hour
New hires in the Commander classification will be paid at minimum sta1iing wage, be on probation
for one year and after successful completion of probation will receive a pay increase to the maximum
pay.
ARTICLE 30 - Benefits for Retirees
Retirees at the time of retirement shall receive the same options and level of City contribution for
insurance coverage upon retirement as are provided by the City's Personnel Policy covering non-
Union employees as such options and contributions may be changed by the City from time to time.
ARTICLE 31 - Mileage and Expense Reimbursement
Employees shall receive the same mileage and expense reimbursement rates upon the same terms
and conditions as generally provided in the City's Personnel Policy covering non-Union employees
Date 1/1/2022 (3% plus $585 monthly
market adjustment)
Sergeant Rate
Start $57.39 62.49/hour
Step 1 $58.64 63.77/hour
After 36 months $59.89 65.06/hour
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as such policy may be changed by t he City from time to time.
ARTICLE 32 - Light Duty
Members of the bargaining unit will be eligible for temporary light duty assignment upon approval of
the City Manager upon such terms and conditions as would apply to non -Union employees of the
City as set forth in the City's personnel policy, as the same may be amended from time to time by the
City.
ARTICLE 33 - Tuition Refund
Bargaining unit members who have passed their initial probation period may be eligible for
reimbursement of tuition and required course fees for courses taken for credit tln·ough accredited
educational institutions.
Tuition reimbursement may be approved for courses with the following criteria:
1. a college level course available for credit; and
2. course is taken on personal time; and
3. course is "work related"; and
4. grade of “C " or better or "satisfact01y" is received upon completion; and
5. the training request receives pre-approval and final approval by the Police Chief.
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Bargaining unit members are eligible for a 75 % reimbursement of books, tuition and required fees
upon completion. Bargaining unit members interested in participating in this program must first
submit course work to the Police Chief for pre-approval. Pre-approval forms may be obtained from
the Police Chief. Employees must obtain pre-approval to ensure they obtain reimbursement through
participation in this program. Maximum reimbursement is $1,500 per employee per calendar year.
The annual budget for the tuition refund program shall not exceed $6,000.
ARTICLE 34 - Retiree Health Savings Plan (RHSP)
The Retiree Health Savings Plan (RHSP) is established to help defray the cost of medical expenses
and health insurance premiums for employees, spouses and dependents after the employee leaves
employment with the City of Brooklyn Center.
1. Participation Eligibility
Regular full-time benefit earning employees may have contributions made on their behalf
into the RHSP.
Participants must be 21 years of age or older. Unless noted otherwise in this policy, the
minimum period of service required to participate in the plan is 60 days.
Eve1y eligible employee in an employee group is required to participate in the RHSP for their
group as outlined in this applicable labor agreement.
2. RHSP Contributions
When appropriate, each employee will have an account established in his or her name.
Unless specifically noted otherwise, contributions (and earnings) to an employee's RHSP
account are not taxable income.
3. Accessing Funds
a. Employees may access the funds in their RHSP account when they are eligible to
retire under the Public Employees Retirement Association's (PERA) rules.
b. Unless prohibited by the IRS, employees leaving employment with the City prior to
being eligible for retirement through PERA, for the reasons noted below, may make
withdrawals on a tax-free basis for eligible health-related expenses.
■ Upon termination of employment.
■ If employee is collecting a disability.
■ If employee is on a medical leave (six months or longer)
■ If employee is on a leave of absence (one year or longer)
If the employee returns to work and is earning medical benefits, they are no longer
eligible to make withdrawals from their RHSP account.
The IRS does not allow these funds to be rolled into any other type of plan, including
an IRA.
c. Access following death. The sur viving spouse and eligible dependents continue to
access the account for eligible expense reimbursements until the RHSP account is
exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS,
reimbursements may also be made to a beneficiary other than a surviving spouse or
- 19 -
eligible dependent. However, such reimbursements would be taxable to the recipient.
4. Eligible Expenses Reimbursed by Plan
Funds in a RHSP account may be used to reimburse:
1. Insurance premiums (health insurance pre miums, Medicare supplemental insurance
premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance
premiums, long term care insurance premiums (not long term care expenses), and
dental insurance premiums.
2. Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e.
medical costs that would otherwise be deductible to the employee on his or her
individual income tax return).
A third-patty claims administrator hired by ICMA-RC will handle claims administration.
5. No Opt-out
Employees and retirees in groups covered by the RHSP program are not permitted to opt-out
of the program. Participation is mandatory.
6. Prog1·am Administration
Along with the Human Resources Division, the ICMA Retirement Corporation will
administer the RHSP program. The employee controls how the money is invested similar to
his or her Section 457 deferred compensation program. The employee receives an account
statement each quarter from ICMA for his or her RHSP account.
7. Administrative Fees
Please contact ICMA for current administrative and mutual fund fees.
8. Plan Modifications
The details of ficials ICMA-RC's administration of the RHSP as well as other features of the
plan are set faith in the RHSP materials provided by ICMA -RC. These details and IRS
regulations regarding the RHSP may be revised, necessitating the revision to this policy or
other agreements between employee groups and the City.
The City reserves the right to modify its policy to comply with any other regulations
regarding the plan and to add contribution requirements.
9. Contribution Formulas
1. Election for Pre-Tax Contributions from Compensation.
Employees may elect to contribute up to 25% of their compensation.
This is a one-time, irrevocable election. Employees must make tit is decision during
the open enrollment period.
2. Severance Pay.
Employees who qualify to receive severance pay and vacation pay upon retiring or
leaving the city in good standing, as defined by the current Labor Agreement, will
designate from 0% to 100% (in 10% increments) to be placed in their individual
RHSP accounts at the time of retirement or resignation.
- 20 -
This is an irrevocable e/ectio11. Employees must make this decision during the open
enrollment period prior to the begi1111i11g of the year in which they will retire.
ARTICLE 35 - Agreement Implementation
Employer shall implement the terms of this Agreement in the form of a resolution. If the
implementation of the terms of this Agreement require the adoption of a law, ordinance, or charter
amendment, the Employer shall make every reasonable effort to propose and secure the enactment of
such law, ordinance, resolution, or charter amendment.
ARTICLE 36- Waiver
35.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations
regarding terms a nd conditions of employment, to the extent inconsistent with the
provisions of this Agreement, are hereby superseded.
35.2 The parties mutually ackn owledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportun ity to make demands and proposals
with respect to any term or condition of employment not removed by law from bargaining.
All Agreements and understandings arrived at by the patties are set fo1th in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and the Union
each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and
all terms and conditions of employment referred to or covered in this Agreement or with
respect to any term or condition of employment not specifically referred to or covered by
this Agreement, even though such terms or conditions may not have been within the
knowledge or contemplation of either or both of the patties at the time this contract was
negotiated or executed.
ARTICLE 37 - Duration
This Agreement shall be effective as of January 1, 2022 and shall remain in full force and effect until
the thirty-first (31) day of December 2024, as noted in the contract.
IN WITNESS THERETO, the parties have caused this Agreement to be executed this day of
__________, ______.
FOR LAW ENFORCEMENT
LABORSERVICES
______________Business Agent
______________Union Steward
_____________Union President
FOR THE CITY OF BROOK.LYN
CENTER
______________Mayor
______________City Manager
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :M ike M ars h, A c'ng P ublic Works D irector
BY:M ike A lbers, P.E., C ity Engineer
S U B J E C T:H ighway 252/I -94 Environmental I mpact S tatement (E I S ) Update
Requested Council A con:
Receive a pres enta'on by M n D O T on the curr ent status of the H ighw ay 252/I -94 Env ironmental I mpact
S tatement (E I S ).
B ackground:
The City is partnering with M n D O T, H ennepin C ounty, the C ity of B rook lyn C enter and the C ity of
Minneapolis on an E nvironmental I mpact S tatement for the H ighway 252/I -94 cor ridor from H ighw ay 610
in Brooklyn Park to 4th S treet in M inneapolis .
This proj ect s tarted in 2017 as a H ighw ay 2 5 2 corridor s tudy, expanded to an E nvir onmental A s s essment
(E A ) in 2018 to include I -94 and w as recently expanded again in 2020 to an Env ironmental I mpact
S tatement (E I S ).
The pr oject partners w ill us e the E I S to gain a be>er unders tanding of safety and trans porta'on needs in
the area and taking a closer look at how a poten'al cons tr uc'on project could affect the environment
s urrounding H ighway 252 and I -94. This includes the people, plants , animals, w ater, air, roadw ays ,
buildings and other s tructures in the area. The E I S will evaluate mul'ple highw ay des igns to equitably
improve the tr affic opera'ons , s afety, mul'-modal connec'ons , health and env ironmental is s ues along the
corridor.
The E I S proces s includes four phas es (P urpos e and Need, S coping, D R A F T E I S , and F inal E I S /Record of
D ecis ion (R O D )). The E I S is expected to be completed in late 2024/2025 w ith the s elec'on of one final
design recommenda'on. The pr oject is curr ently in the S coping phase and M n D O T has retained S R F
Consul'ng G roup, I nc. (S R F ) to provide trans porta'on planning, engineering and env ironmental exper'se.
The E I S work is expected to be immediately followed by the prepar a'on of des ign plans w ith construc'on
poten'ally s tar'ng in 2026/2027.
The purpos e of this presenta'on is to provide the Council an update on the following items :
Review project s chedule and E I S phases
P rovide community engagement update related to the purpose and need, logical ter mini, and project
elements
Equity and H ealth A s s essment
Workforce ini'a'ves
I nterim s afety improvements
Next S teps in E I S proces s
MnD OT and S R F have provided similar pres enta'ons to the other local agencies involved in the study.
E I S C ommi>ee P rocess:
1) T he s tudy is guided by the Policy A dvis or y Commi>ee (PA C ), w hich is comprised of area legis lators , city
council members , county boar d members, M et Council repres enta'v es and chaired by the MnD OT
Commissioner of Transporta'on. The PA C prov ides high level guidance on funding, policy is s ues and goals
and objec'v es to the Technical A dvisory Commi>ee (TA C ). The PA C als o review s recommenda'ons from
the TA C , provides input on public engagement and iden'fy important community issues . The PA C meets
approximately quarterly.
2)The TA C is compris ed of technical planning and engineering experts from the par'cipa'ng agencies ,
including Met C ouncil, Metro Transit and the Federal H ighw ay A dminis tra'on and the s tudy cons ultant
members. The Technical A dvisory C ommi>ee (TA C ) provides leader s hip and guidance for res olu'on of
technical is s ues related to project op'ons and refinements cons idered as part of the E I S . T he TA C meets
monthly to refine pr oject elements and to prepare materials for r ev iew by the PA C and for public
engagement.
B udget I ssues:
The City financially par'cipated in the E A pr oces s , s imilar to the other local agencies . M nD O T is providing
the funding for the E I S . F unding for poten'al construc'on projects w ill be review during the E I S process.
I nclusive C ommunity Engagement:
The E I S proces s w ill take s ev er al year s due to the s ize and complexity of the corridor. D uring this 'me, the
project partners will con'nue to engage with the community and other s takeholders at each s tep in the
proces s .
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
Key Transporta'on I nvestments
AT TA C H M E N TS :
D escrip'on U pload D ate Type
P res enta'on 11/2/2021 Cover Memo
Highway 252 / I-94 Project Update
Brooklyn Center City Council Meeting
mndot.gov
Highway 252/I-94
Environmental Review
November 8, 2021
Presentation and Q/A Team
2
Chris Hoberg, MnDOT Craig Vaughn, TC2
Why we are here today
3
•Follow up on what we’ve heard from Council
•Review project schedule and EIS phases
•Discuss technical process
•Provide community engagement update
•Spring months spent reintroducing the project and the EIS Process
•Early Summer spent talking about and developing Corridor Elements with the public and stakeholders
•Fall spent working with public on high-level Corridor Alternatives under consideration (37 Alternatives)
•Next in early Winter, will be discussing access, pedestrian/bicycle crossing locations, transit stations, and physical
property impacts with the public and stakeholders
•Spring of 2022 will be the Official Public Comment Period as part of the Scoping Decision –EIS process
•Equity and Health Assessment
•Workforce initiatives
•Interim safety improvements
•Next Steps in EIS process
What we heard from Council
4
Requested a presentation on traffic flow in the region
around Brooklyn Center to better understand the origin
and destinations of traffic and to understand how Brooklyn
Center plays a role in the regional transportation system.
It’s i mportant to Brooklyn Center that any project on 252
directly benefits the City and does not just look at benefits
to stakeholders beyond the City’s borders.
Multimodal solutions
are important.
Do specific outreach to the multi-unit housing
areas. Go to where they live. Don’t invite
them to City Hall or a distant venue.Pop up events are effective. We need to plan
for these and assume a day will come when
we can meet with the public face to face
again.
Important to hear about health equity
and impacts. An important step in the
process.
What we heard from Council
5
What are the air quality impacts
of converting 252 to a freeway?
Environmental impact
is a concern.
Safety and functionality of the roadway
are of the utmost importance.
Mission statement (purpose statement) –
would like to see a statement that reducing
emissions, improving health, and improving
racial disparities
Brooklyn Park is eager to remove stop lights and build
interchanges at Brookdale Drive and 85th. Without
removal of signals, we will continue to have crashes.
Success is measured by increased safety and
not increasing poor air quality concentrations.
Project Schedule and EIS Phases
6
Schedule subject to change
7
•Step 3 –Determines which alternatives
should be studied further in the draft EIS
•Step 2 –Combines project improvements to
develop a list of project alternatives
Purpose and Need Statement
Scoping
Draft EIS
Final EIS
•Step 4 –Reviews draft EIS alternatives and
determines if there is a preferred alternative
•Step 1 -Identifies project
improvements
We are here
Technical Project Analysis Process
Community Engagement Update
8
Expanded EIS 101 video library
Two rounds of open house
engagement
Ongoing Pop -Up meetings
where community is everyday
Targeted outreach to faith-
based, African, and African
American communities
Equity and Health
Neighborhood Advisors
Expanded EIS 101 Video Library
9
Traffic 101 Series
What did we hear?
10
June ‘21 Open House Summary –Project Elements
What did we hear?
11June ‘21 Open House Summary
We can improve
the roadway that’s
there today
without building a
freeway.
Consider an
over/underpass at Hwy
252/66th Ave instead of
a full interchange to
improve safety.
Will air pollution adjacent to
the roadway in Brooklyn Center
be measured and measures to
reduce pollution be an
objective of this project?
Does the project
purpose and need
get redone when
the Draft EIS
phase begins?
If traffic increases in the
neighborhoods as an
outcome, safety will degrade
there. Will this be considered
in the evaluation?
What did we hear?
12
October ‘21 Open House Summary –Project Alternatives
134 Total Live
Comments +
13 comment cards
submitted
177 Total
Attendees
What did we hear?
13
This is being
studied a long
time. Why is this
taking so long?
The freeway and even
expressway options are
going to negatively
effect property values.
Explain why traffic
will shift to local
roads with certain
alternatives.
Red lights are
being ran right
now and we need
better safety by
enforcing that.
Want to see signals removed
and freeway options
considered but need to figure
out interchange locations and
traffic shifts to local roads.
October ‘21 Open House Summary –Project Alternatives
What did we hear?
14
Pop -Up Engagement Summary
What did we hear?
15
Pop -Up Engagement Summary
What did we hear?
16
Pop -Up Engagement Summary
Equity and Health Assessment is Underway
17
•The Equity and Health Assessment is underway
o The EHNA (Neighborhood Advisory group) has met twice
•The focus is on Equity, Health & Transportation
o Community Characteristics
Demographic Measures
Built Environment
Health Status
Health Disparities
o Transportation Systems and Mobility
Travel Behavior
Pedestrian and Bicycle Infrastructure
Public Transit Systems
Safety
o Community Input
Engagement
Workforce Initiatives
18
Potential Career Pathways
H
i
g
h
w
a
y
H
e
a
v
y
C
o
n
s
t
r
u
c
t
i
o
n
M
a
i
n
t
e
n
a
n
c
e
S
T
E
M
For illustrative purposes only – career pathways do not need to be linear or follow paths exactly as shown
Construction Career
Pathway Program
Urban Youth Corps
Program
Phoenix Internship
Program
Seeds Student
Worker Program
Laborer &
Transportation
Associate Pathways
Program (TAPP)
Transportation
Associate
Transportation
Generalist
Graduate Engineer/
Land Surveyor
Program or other
occupations within
MnDOT
MnDOT OCR OJT/SS
Program Trainings
Highway Heavy
Construction Career
(Laborer, Cement
Mason, Carpenter,
etc.)
MnDOT OCR Pre-
Enrollment Training
Program
What can MnDOT do to address safety concerns now?
•The project team has heard from the public at previous engagement
events that they would like to see improvements made now to Hwy 252
to address safety concerns.
•MnDOT and its partners are currently investigating interim safety
improvements to Hwy 252 that could be implemented before major
project construction in 2027.
•MnDOT will release a report summarizing potential interim safety
improvements (Winter).
19
Next Steps
•Next significant community engagement will include:
•Additional information regarding the relationship between
speed & safety
•Refined set of alternatives with discussion of access, pedestrian/bicycle
crossing locations, transit stations, and physical impact considerations
•Spring of 2022 will be the Official Public Comment Period as part of the
Scoping Decision –EIS process
•Continued business stakeholder outreach
20
How to Stay Involved
21
Project Website
»Visit the project website
to review background
information and find out
what’s happening next
tiny.cc/252Project
»Submit comments by
visiting the project
website contacts tab
Share Comments
Stay Connected
22
This pageIntentionally Left Blank
Slides that follow are for information purposes only and use during the Council presentation as questions or discussion merit
What is the project’s purpose and
Need?
23
Purpose
•The purpose of the Hwy 252/I-94 project is to improve the safe and reliable movement of people and goods across multiple transportation modes on and across Hwy 252 and I-94 between Hwy 610 in Brooklyn Park and 4th St. N in Minneapolis.
Need
•The cities of Brooklyn Center, Brooklyn Park, and Minneapolis; Hennepin County; MnDOT; and FHWA have identified several factors justifying the need for the Hwy 252/I-94 project. Transportation needs for the Hwy 252/I-94 corridor include vehicle safety, vehicle mobility, and mobility and safety for people walking/biking (walkability/bikeability).
What are the project objectives?
24
Objectives
•Achieve equitable social, environmental and economic outcomes.
•Reduce injury and fatality crashes along Hwy 252 and I-94.
•Promote public health by improving walkability/bikeability alongside and across Hwy 252 and I-94, and by supporting reliable transit service through operational improvements.
•Minimize the need to acquire additional property.
•Ensure solutions are consistent with local planning and compatible with the existing roadway network.
Why is this project focusing on improving Hwy 252 and I-94?
25
•Improvements for people walking and
biking
•Improvements for people using transit
•Providing improved connections to
multimodal systems
•Safety for people driving in vehicles
•Mobility for people driving in vehicles
Which Project Elements are moving forward and why?
26
Which initial alternatives are up for consideration?
27
Hwy 252 Roadway Elements –Maintain Existing
28
29
30
31
32
33
34
35
36
37
38
39
40
Business Outreach –A 3-Pronged Approach
41
Connect Relationship Follow-Up
»Outreach to ~165 targeted
businesses identified
»Identified additional key
businesses with potential for
“impact”
»Arrange to meet with each business that stated a willingness to connect and hear additional information in-person, over the phone, or by email
»Set-up follow up meeting
»Follow-up with a meeting
with businesses that agreed
to meet, plus others that are
identified to directly be
impacted by a potential
Project Alternative after
further evaluation
42
THIS PAGE INTENTIONALLY LEFT BLANK
SLIDES THAT FOLLOW ARE FOR INFORMATION PURPOSES ONLY
THEY ARE FROM A HIGH-LEVEL SPEED AND SAFETY PRESENTATION GIVEN TO THE
POLICY ADVISORY COMMITTEE 10/7/21
How is safety incorporated into the Purpose and Need?
43
EIS Objectives established by the PAC
44
How the corridor is being used and by who?
45
Hwy 252 2040 Travelshed –Morning Peak
>>A high concentration
of trips on Hwy 252
originate in Brooklyn
Park and Brooklyn
Center
How are Brooklyn Center and Brooklyn Park related to the historical crash data?
46
>>Drivers from Brooklyn
Park and Brooklyn
Center are involved in
the highest number of
crashes on Hwy 252
47
Highway
252
Crashes
>>Distracted driving contributes to over 60%
of the crashes on Hwy 252
-----------------------------------------------------------------------
>>Speeding contributes to approximately 20%
of the crashes on Hwy 252
--------------------------------------------------------------------------------------------
>>Drivers between the ages of 20-39 account for
47% of the crashes on Hwy 252
What are the key take-aways from the historical crash data?
48
How are speed limits set in Minnesota?
Beginning in 2019,
state law now allows
cities to establish
speed limits on certain
city streets.
Setting Speed Limits
Minnesota State Statute 169.14
Speed limits in Minnesota are:
-10 mph in alleys
-30 mph on streets in urban districts
-55 mph on other roads
-65 mph on expressways
-65 mph on urban interstate highways
-70 mph on rural interstate highways
Engineering and Traffic Investigation
Factors considered:
-Road type and condition
-Location and type of access points
-Sufficient length of roadway (1/4 mile minimum)
-Existing traffic control devices
-Crash history, traffic volume, and sight distance
-Travel speed samples
-Test drive results speed study
49
What are the existing crash statistics in Minnesota?
Urban Freeway Rural Freeway Low Volume Urban and Rural
2-lane Undivided Roadways
Urban 4-lane Divided
Roadway
Urban and rural freeways have
the lowest fatal and serious
injury crash rate
I-94, Minneapolis
Speed Limit = 55 mph
US 52, Rochester
Speed Limit = 65 mph Hwy 73, Hibbing Speed Limit = 55 mph
Hwy 55, Golden Valley, Medina
Speed Limit = 55 mph
Rural freeways have the
lowest total crash rate
Urban and rural 2-lane
roadways with low volumes
have the highest fatal and
serious injury crash rate
Urban 4-lane divided roadways
have the highest total crash
rate
Urban and rural freeways account for 51% of traffic but only 47% of total crashes and only 21% of fatal and serious injury crashes
According to FHWA, crash rates describe the number of crashes in a given period as compared to
traffic volume (or exposure) to crashes.
Hwy 23, Circle Pines Speed Limit = 50 mph
50
What factors are considered in predictive crash modeling?
IS ALMOST
NEVER A
FACTOR.
Predictiv
e Crash
Modeling
When predicting the
number of future crashes,
The roadway design and
conditions determine the
speed at which drivers are
comfortable driving.
51
Speed and
Safety
>>Speed limits are set by state statute or an
engineering study
-----------------------------------------------------------------------
>>Freeways typically have lower fatal and serious
injury crash rates
>>People drive the speed at which they feel most
comfortable based on roadway conditions and design
>>Posting a slower speed limit does not change
driver behavior
>>Crashes on freeways are primarily caused by
congestion and not speed
--------------------------------------------------------------------------------------------
>>Higher travel speeds increase the likelihood of
pedestrian and bike fatality or injury for at-grade
crossings; however, higher speed grade-separated
facilities remove pedestrian/bike conflicts
Key Takeaways
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:M eg Beekman, C ommunity D evelopment D irector
S U B J E C T:M arket Trends & D emand O verview
Requested Council A con:
- Moon to accept the presentaon
B ackground:
I n 2019, the C ity worked with K imble Company to take a high level look at market demand and regional
market trends affec5ng Brooklyn C enter. The study w as ini5ated as part of several ini5a5ves focused on
unders tanding the available land in the City and how bes t to target development on them. The high level
market s tudy considered the O pportunity S ite area, the former S ears site, and the Brooklyn Boulevard
Corridor.
The study w as intended to be pres ented to the C ouncil in early 2020, but was pos tponed as a result of the
pandemic and and the City pivoted to focus on other areas of concern.
G iven a renewed interest from developers on various sites in the C ity, K imble Company w as as ked to update
their s tudy and provide their exper5se in regard to where the market is currently heading and what types of
development is more probable than others .
Julie K imble will present her findings and be available to answer any ques 5ons that the C ouncil may have.
S taff is s eeking to provide informa5on to the Council to as s is t w ith design making in the future in regards to
development sites . The pres enta5on is des igned to be fairly high level. The Council will have an opportunity
to iden5fy if there is addi5onal informa5on they would like more detail on, w hich can be provided as part of
a future and ongoing dis cus s ion.
B udget I ssues:
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
AT TA C H M E N TS :
D escrip5on U pload D ate Type
powerpoint 11/8/2021 P resenta5on
www.kimbleconsult.com
Commercial Real Estate
Market Review
City Council Meeting
November 8, 2021
▪Consultant Credentials
▪Prior Study
▪Industrial Market Overview
▪Retail Market Overview
▪Office Market Overview
▪Multifamily Market Overview
▪Market Observations, Questions & Recommendations
PURPOSE & AGENDA
Purpose: To provide a summary update of commercial real estate market information to assess
realistic opportunities for development and redevelopment throughout Brooklyn Center now and in
the near-term.
Presentation Summary
•Full-service commercial real estate firm, certified-WBE, founded in 2014
•Principals with over 65 years of diverse real estate experience locally, nationally and globally
•We have developed and leased over 6 million square feet of commercial real estate
•Our work is based solidly on our core values of:
Integrity –Excellence –Transparency & Communication
Giving Back –Healthy People. Healthy Business.
•Services: fee development & consulting +leasing & disposition/acquisition +investment
sales/acquisition +project management + corporate advisory
•We donate 10% of pre-tax profits to charity and actively volunteer our time and expertise –we are
Minnesota Keystone Program member
KIMBLECO SNAPSHOT
Certifications: WBE, WOSB, CERT, Targeted Vendor
PRIOR BROOKLYN CENTER STUDY
▪KimbleCo was a member of a consultant team in 2019 and 2020 that
performed a variety of scope for Brooklyn Center. This work helped to inform
this market update.
▪KimbleCo assessed the retail, office & multifamily markets in Brooklyn Center
resulting in two reports; 1) a Market Review (demographics and real estate
review), and 2) a Redevelopment Analysis. The study was focused on
redevelopment sites along Brooklyn Boulevard therefore industrial was not
included.
▪Purpose of Prior Study: To provide a view into opportunities for development
that were grounded in market realities. It’s easy to create wonderful visions
for sites but another to make them happen. The analysis focused on
opportunities that supported job and revenue growth in the city –provided
resources for residents -developments that could happen now and in the
near future based on current market fundamentals.
▪Industrial space is in high demand. Development potential is high almost anywhere due to the strong underlying real estate fundamentals in the market and the demand for products and services of essential businesses.
▪Vacancy is low across the entire Twin Cities market at 4.2% with 15 million square feet of demand in the market. Rents are increasing due to principles of supply and demand.
▪Brooklyn Center’s current inventory is a mix of traditional office warehouse and flex/R & D and has a slightly higher vacancy than the market overall, possibly due to the fact much of its product is older.
▪National institutional investor/owners are interested in the Twin Cities market and some now control large portfolios and are driving rents and annual escalations up.
▪Numerous speculative industrial developments have recently been announced and the economics for industrial easily supports new development.
▪There is a higher percentage of local owners vs. institutional or national owners of industrial buildings in the Brooklyn Center market. This may change with the development of newer product.
▪Industrial likes access to freeway infrastructure. Cities and residents typically prefer that industrial product is not located in proximity to residential and retail centers but planned for areas set aside and zoned specifically as industrial centers due to scale of buildings, truck traffic and general operations.
▪Current economics are strong, and incentives should not be necessary unless there are extenuating circumstances such as necessary environmental clean-up.
INDUSTRIAL OVERVIEW
Industrial Product Types
Office/Warehouse
Typically, 24’ clear height or more
Typical use is 20% office, 80% warehouse
Distribution
Ceiling clear height of more than 28’
Very small office component
Flex/R & D/Office Showroom
Lower clear ceiling heights of 14’ to 20’
Closer to 40% office and 60% warehouse use
Other
Truck Terminal/Cross Dock
Cold Storage
Self-Storage
Typical office/warehouse
To consider:
▪Can flex product work in areas with commercial or
residential adjacencies? This could drive up the number of
new jobs and present smaller scale buildings that can work
more easily with commercial and residential adjacencies. If
not flex, then developers should commit to a minimum level
of office finish to drive jobs.
▪Is there an opportunity to target and attract destination entertainment use such as brewery, interactive sporting/with food & beverage, roller-skating, etc.. as a part of the industrial tenant mix and does zoning allow this? Can these uses effectively co-exist? Query whether the Twin Cities is nearing its limit of breweries and distilleries.
▪If there is a development agreement be careful to include important items such as:
▪Minimum finish levels or creation of jobs standards.
▪Goals for tenant mix or specific market voids.
▪Pay careful attention to design standards –require minimum standards, especially to commercial, residential and high traffic-facing adjacencies, i.e., materials, color, “2-story” facades.
▪Require buffers as needed.
▪Pay attention to lighting zones, hours of operation if residential and commercial adjacencies.
▪Incorporate good site planning –green space, pedestrian connections to nearby amenities, connections to city trail and or other city amenities as appropriate.
▪Ensure property is well lit to enhance safety and security.
INDUSTRIAL OVERVIEW
Challenge
Large footprint and typical
facades are a challenge if
commercial or residential
adjacencies.
Need to manage truck
traffic, light & noise.
If higher warehouse usage
(vs. office) job counts are
reduced.
Opportunity
If a higher office component,
then more job creating capacity.
Quality of jobs is typically higher
than retail/
Market demand is strong and
industrial is likely to thrive.
Flex Product
▪The current retail vacancy in Brooklyn Center is 8.7% greater than the rest of the Twin Cities. Lease-up of existing space and development of available pad sites in the city has been slow.
▪Current rental rates do not support new construction with the exception of single-tenant, stand alone projects.
▪Lenders will require substantial pre-leasing for multi-tenant buildings, speculative product will be nearly impossible to finance.
▪As always retailers are laser-focused on demographics, now more than ever due to the impact of the pandemic and the competition with online shopping. Daytime population to support retail is key. Retail location efforts are more careful than ever.
▪Brooklyn Center cannot just consider city boundaries but must look at larger retail trade areas to understand opportunities. This is especially important as there is considerable competition with relative nearby retail trade centers such as Maple Grove. This is even more important as retailers are reducing the number of bricks and mortar stores placing them further apart than they used to.
▪Developers have extensively targeted national retailers including grocery and entertainment venues unsuccessfully. Primary reasons include demographic mix, too close to other operations, and just simply they are not expanding.
▪A high percentage of tenants and building ownership are local –there is not a strong track record of investment by national or institutional investor/owners which usually is not a positive signal for developers.
▪Some cities, in an effort to attract retail uses have invested in substantial subsidy with no promise of future success.
RETAIL OVERVIEW
Retail Product Types
Regional Mall
Strip Center
Neighborhood Center
Big Box
Freestanding (Bank, coffee, etc.)
Restaurant
Entertainment
Daycare
To consider:
▪How does the city help guide retail zoning such that there is long-term success? Where do retail centers belong and how does this play into the many sites available in the city. What concentration of retail needs to be located in the Opportunity Site to make that a success?
▪Is there an opportunity to target and attract destination entertainment use such as brewery, interactive sporting/food & beverage, roller-skating, etc. as a part of the tenant mix, even in a light industrial property and does zoning allow this?
▪Is there an opportunity for a project such as a market (small scale, clustered, niche retail) or food hall concept for locally owned retailers? How much of this type of retail can realistically be supported and on what site should it be located? Can it have long-term success? Before any city investment,considerable researchshouldbedone.By example,we know that Midtown Market on LakeStreet has had ups and downs and has had to pivot numerous times even though it is located in a prime location with good demographics to support the concept and significant day and nighttime population.
▪As an alternative to encourage local owned retailers, can vacant and unused storefronts be used as an economic development tool? Possibly city subsidies create a lower barrier to entry such as to “whitebox”the space and assist with tenant improvements? Or to write down some of the rent. This fills existing, vacant space and provides opportunities for new and emerging businesses.
▪Incorporate good site planning –green space, pedestrian connections to nearby amenities, to city trail system and or other city amenities as appropriate. Make sure site is well-lit to enhance safety and security.
RETAIL OVERVIEW
Challenges
Current high vacancy rate in
the city.
Rents do not support new
construction.
Fundamentals of retail site
location have changes.
Competition with other retail
trade centers.
Most retail jobs are not
quality, living-wage positions.
Opportunity
Possible opportunity for an
entertainment-based use as part of
the mix in a light industrial product?
▪Current rental rates do not support new construction with the exception of single-
tenant, stand alone projects.
▪Brooklyn Center rents and sales over the last five years are below the market averages.
▪Known cap rates for sales are 8.0% and above representing market risk and reducing
developer returns impacting decisions to invest.
▪The pandemic has greatly influenced office use and the future of office is evolving.
Because of this as well as increasing vacancies and considerable sublease space on the
market, development has paused.
▪Build to suit, for lease or ownership can be designed to a budget that fits for a
business, however competition is high for these sites, likely requiring city subsidy.
However, the pandemic has put almost all thought of this type of development on hold
for now due to changing workplace policies such as hybrid and remote work.
▪Lenders will require substantial pre-leasing,speculative product will be nearly
impossible to finance.
▪A smaller footprint, office condo project, carefully designed to meet the market, with a
competitive land purchase may be able to be developed with little to no subsidy . Or
redeployment of vacant storefronts as suggested in the retail overview.
▪Developer/owners must be capitalized up-front to fund tenant improvement
allowances and transaction fees that are typical in the market. Emerging developers of
small office properties must be well-capitalized and prepared for these costs in order
to have long-term success.
OFFICE OVERVIEW
Office Product Types
Multi-Tenant
Single Tenant
Office Condo
▪Along with industrial, multifamily is the current darling of development and investment. Despite considerable new construction over the past four years, market fundamentals remain healthy and there is room for more development in many communities.
▪Even with higher construction pricing and delayed access to some materials, the market fundamentals remain strong supporting new development.
▪The passing of rent control policies in St. Paul and Minneapolis will likely drive development to the suburbs.
▪There continues to be insufficient affordable housing and in many communities a need for “missing middle” housing such as duplex and triplex properties both for rent and for ownership. Brooklyn Center is starting to fill this gap with some of its newer developments along Brooklyn Boulevard. Demand for missing middle housing (60-100% AMI) is high and the regional housing shortage is driving costs up. Brooklyn Center is competing for projects with other suburban communities. Missing middle housing also is a key driver to retain existing residents that are at retirement age and wish to downsize and remain in the community.
▪The capital stack for affordable housing continues to be a challenge with limited pools of funding which can cause long delays in development starts and the requirement for local subsidies remains.
▪Some communities, such as Brooklyn Center, need to update and add market-rate apartments to diversify and expand their housing mix. Given the lower rents in this market and rising construction costs, subsidy is likely required in the current market, particularly if there is structured parking.
▪According to the Met Council, Brooklyn Center will add over 2,200 new households over the next 20 years.
MULTIFAMILY OVERVIEW
Multifamily Product Types
Market-Rate
Senior
Affordable –various including Workforce
“Missing Middle” -Duplex/Triplex, etc..
▪The city has great sites available for development and redevelopment.
▪Yet, the market for development in any one area is not unlimited and there is at
some point a finite amount of supply for the demand. Given this, it is possible that
development may occur later on some sites as market fundamentals improve for
asset classes such as retail and office.
▪Where does the city take advantage of current opportunities for development
such as the need for industrial product?
▪The city plays an important role in guiding land use across the city. Given the
available land, the city will need to be strategic about land planning so that
developments and sectors can thrive once built. What uses work best for the
Opportunity Site and what works best for the Sears site, by example. What works
best for Brooklyn Boulevard? Which types of developments have more success
being near other types of “like” development, i.e., retail concentrations? How are
commercial amenities positioned to provide live -work-play environments?
▪Consider guiding industrial uses to one area of the city and concentrate multi -
family, service retail and community gathering spots to one area to create vibrancy
and a sense of place. As much as possible keep industrial uses away from
densities of housing and highly trafficked pedestrian locations. Given current land
availability in the city this may mean directing light industrial and jobs -based
opportunities to the Sears site and making sure the city has a well -documented
agreement with the developer to ensure site and design standards and minimum
requirements for job creation.
OBSERVATIONS, QUESTIONS &
RECOMMENDATIONS
▪How does the city attract and diversify its multifamily mix –a balance of market rate
and affordable/workforce and often missing middle housing such as townhomes?
▪Office space is currently in tremendous flux due to the pandemic. However, can well-
placed office condo product support the incubation of Brooklyn Center’s existing and
new entrepreneurs? Or can unused and vacant storefronts be used to support local
business growth?
▪Development of product with healthy underlying market fundamentals should
eliminate or greatly reduce the need for city subsidy thereby positively impacting the
city’s revenue.
▪Consider encouraging locally-owned retailers by using economic development tools
to fill unused storefronts. This fills existing, vacant space and provides opportunities
for new and emerging businesses.
▪Be sure to incorporate requirements into developer agreements that ensure you get
what was promised and to achieve a project that will enhance the community and
meet city goals.
OBSERVATIONS, QUESTIONS &
RECOMMENDATIONS
Probability of Development in
Current
& Near-Term Market
Industrial
Retail
Office
Multifamily
www.kimbleconsult.com
RESOURCE APPENDIX –
CURRENT/PRIOR WORK
•KimbleCo -A WBE-certified, full-service commercial real estate services firm providing fee development, brokerage, project
management and consulting. Its principals have developed over 6 million square feet of industrial, office, build to suit and
multifamily projects across the United States. KimbleCo was retained for this assignment because of its “in the trenches” ex perience
and knowledge in development and leasing and sales in the Twin Cities.
•Jones Lang LaSalle Brooklyn Center Retail Report
•CBRE 2021 Quarter 3 Industrial Report
•Northstar MLS Infosparks
•MNCAR Catalyst Database
•MNCAR RediComps Database
•National Restaurant Association
•ULI Developer Panel (Twin Cities market)
•Marquette Advisors –Apartment Trends Twin Cities Metro Area –4th Quarter 2019
•United State Census Bureau -https://www.census.gov/
•Local general contractors for construction pricing information
This study relies on information produced by other parties and
KimbleCo does not have knowledge of the research methodology,
validation or has actual knowledge that the data has been verified by
the parties producing the reports. KimbleCo is relying on information
that is generally used within the commercial real estate marketplace.
C ouncil R egular M eeng
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :M eg Beekman, C ommunity D evelopment D irector
BY:J esse A nders on, D eputy D irector of Community D evelopment
S U B J E C T:A n O rdinance A mending C hapter 12 of the City Code of O rdinance Regarding Tenant
P rotec0on and Resolu0on A cknowledging the F irs t Reading of the O rdinance
Requested Council A con:
- Moti on to approve the fi rst readi ng of an Ordi nance Amendi ng Chapter 12 of the ci ty code of
ordinances regarding tenant protections and hold a publ i c hearing and second readi ng to be hel d on
December 13, 2021.
B ackground:
Overview
C ity staff have had mul0ple discussio ns with the C ity C o uncil rela0ng to affordable housing po licies and
programs. T he C ity is currently working with the C enter for U rban and Regional Affairs (C U R A) and Research in
Ac0on (R I A) on a citywide housing study. T hat work is co mpleted its engagement phase, a nd is an0cipated to be
completed in early 2022. T he deliverables from the study will be used to co mplete a Housing Po licy Ac0on Plan to
address the ho using priori0es in the city. Staff is an0cipa0ng moving forward with pro grams and polices based on
the results of that study. However, B rooklyn C enter and the Twin C i0es region are facing con0nued and extreme
low vaca ncy rates. Acco rding to a recent 2020 C ensus Report
(h7ps://w w w.census.gov/library/s tories /2021/08/united-s tates -hous ing-vacancy-rate-declined-in-past-
decade.html), Minneapolis has the lowes t vacancy rate among the 30 largest U.S . ci0es.
I n addi0on to a s ignificant and sustained housing s hortage, the s tate legis lature recently repealed the
evic0on moratorium. The state has created an off-ramp proces s to s tep back from the moratorium, but
already Brook lyn Center has s een increas ed calls about ev ic0ons, and is seeing an increased number of
filings. With the li<ing o f the evic0on morato rium, landlords can o nce again get rid of unwanted tenants through
non-renewals, avoiding the evic0on process altogether.
Staff have been working with the C ity A7o rney ’s o ffice to dra< an ordinance rela0ng to tenant protec0o ns. T his
ordinance was to include mul0ple areas of concerns from tenants.
· J ust C ause N on-renewal
· Pre-evic0on N o0ces
· Maintenance Fees
· D amage Deposits
· Material changes to the lease
· D iscrimina0on rela0ng to public assistance status
B ased o n the current low va c anc y rates and the urgency created by the phasing out o f the Evic0o n Moratorium,
staff tho ught it to be necessary to expedite the o rdinance rela0ng spec ifi c ally to items addressing evic0ons and
non-renewals. Pu@ng an0-displacement measures into eff ect so o ner rather than later is intended to get ahead of
a growing problem, and provide renters with more leverage in nego0a0ons with landlords.
T he proposed ordinance amendment summary:
· Pre-Evic0on Filing N o0ce requires an owner of an aff o rdable housing unit to pro vide a 30 day wri7en
no0ce to a tenant prior to filling an evic0on. Evic0ons would be restricted to non-payment of rent or
Material B reach of a L ease
· J ust C ause N on-Renewals esta blishes requirements that prevents a pro perty owner or property
manager from non-renewing an exis0ng tenant lease without just cause.
o N on-Payment of Rent
o Material N on-compliance
o Refusal to Renew
o O ccupancy by property owner of family member
o B uilding Demolishing or C onversion
o Rehabilita0on or Renova0on
o C omplying with a Government order to vacate
o O ccupancy condi0oned on employment
· Waiver is not allowed by a tenant to waive their rights under the new ordinance.
· Private E nforcement – A tenant or former tenant of an affordable housing united harmed by an
owner in viola0on of this ordinance may bring and ac0on again the owner in district court.
T he B rooklyn C enter Ho using C o mmissio n meet on O ctober 19, 2021 a nd disc ussed the pro posed tenant
protec0on ordinance. T he Housing C ommission received feedback from mul0ple Housing Advo cacy Groups
including A C E R , H o meline, and the H o using J us0ce C enter as well as numerous B rooklyn C enter tenants. I t was
strongly reco mmended f ro m all agencies and tenets to expedite and approve the ordinance specifi cally rela0ng to
evic0ons and non-renewals.
Further, the Housing C ommission unanimously approved a recommenda0on to approve the proposed ordinance.
Background
Housing and the policy issues related to ho using have become some of the mo st pressing a nd important ma7ers
facing co mmuni0es today. Fo r mo st suburban co mmuni0es, housing comprises a significant majority o f a ci0es
land use and tax base. Maintaining and preserving a safe, quality, and desirable housing stock is cri0cal to a
community's long term eco nomic health and resiliency. Further, a diverse housing stock which o ffers a wide range
of housing cho ices and price po ints ensures that a co mmunity can be resilient thro ugh econo mic ups and downs
as well as provide housing o p0ons for a diverse po pula0on throughout their lives. I n addi0on to maintaining a
quality and diverse supply of housing, communi0es are mo re and more becoming focused on concerns regarding
livability and accessibility of housing.
B rooklyn Center ’s Current Rental Housing
T he result of the regional trends facing the Twin C i0es are being f elt in B ro o klyn C enter. Vacancy rates in the
community remain lower than the regional average, hovering around 2 percent. T his is common in communi0es
with more affordable rental units.
T hirty-seven percent of B rooklyn C enter's ho using stock is co mprised of rental units. O f the C ity ’s single-family
housing, abo ut 8 perc ent a re rental. N ea rly 100 percent o f the mul0-family ho using in B rooklyn C enter are one
and two bedroom units built between 1961 and 1971, and nearly all o f it is naturally o ccurring a ffordable housing
(N O A H). Average rents in B ro o klyn C enter are naturally o ccurring affordable beca use the market rents, based on
the age and condi0on of the units make them affordable at around 50 percent A M I in the metro politan area.
Rents in B rooklyn C enter a re lower than the regional average. Appro ximately 90 percent o f a ll o f the housing
units in B rooklyn C enter are N O AH.
While N O A H pro per0es are a ffordable, they can be at risk of being lost as market demand increases and rents
con0nue to go up. T hey can also experience disinvestment over 0me, causing deteriora0on, loss of value, and
most importantly poor quality or unsafe living situa0ons if they are not properly inspected and maintained.
T he City's 2040 Comprehensive Plan iden fies several broad housing goals
2040 Housing & N eighborhood Goals:
Promote a diverse housing stock that provides safe, stable, and accessible housing op0ons to all of
B rooklyn C enter’s residents.
Recognize and iden0fy ways to match B rooklyn C enter ’s housing with the C ity ’s changing demographics.
E xplore o ppo rtuni0es to improve the C ity ’s ho using policies and o rdinances to make them more responsive
to current and future residents.
Maintain the exis0ng ho using stock in primarily single-fa mily neighborho o ds thro ugh pro per ordinances,
incen0ve programs and enforcement.
E xplore opportuni0es to inc o rpora te new aff o rdable housing into redevelopment areas that promote safe,
secure and economically diverse neighborhoods.
I n addi0on to these goals, the 2040 C omprehensive Plan iden0fies implementa0on strategies as well as resources
and tools for achieving its housing goals.
B udget I ssues:
There are no budgetary issues to cons ider at this 0me.
I nclusive C ommunity Engagement:
S taff has been working clos ely w ith hous ing advocacy groups, and met regularly with residents to gather
informa0on regarding the need for this ordinance.
A nracist/Equity Policy Effect:
Renters in Brooklyn C enter are dis propor0onately more likely to be people of color than home ow ners .
O ver 50 percent of Brooklyn Center renters pay more than 30% of their incomes on rent and are cons idered
low income. L ow income renters have the fewes t hous ing choices and are more likely to experience
retalia0on by landlords , evic0ons and displacement. The purpos e of this ordinance is to provide protec0ons
for primarily low -income and renters of color in Brooklyn Center.
S trategic Priories and Values:
S afe, S ecure, S table C ommunity
AT TA C H M E N TS :
D escrip0on U pload D ate Type
10-19-2021 D ra< H ousing Commission M inutes 10/25/2021 Cover Memo
O rdinance 10/25/2021 O rdinance
Res olu0on 11/3/2021 Resolu0on Le7er
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;
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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 cause and 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 n oted
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 an d
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 r apidly. 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
Page 6
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 underlyin g 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
REVISED DRAFT
10-14-21
1
0 = 1 " " BR291\4\672010.v10 BR291\4\672010.v10 BR291\4\672010.v10
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 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. 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;
c. 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;
d. The City Council determines it is necessary to expand those 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 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:
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__. 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 12-912(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
(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
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(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(3)(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
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;
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(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;
(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.”
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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; and (2) include in such notice a
written statement of the reasons for the nonrenewal and the facts in support of those
reasons.
d. Application. This Section applies to every lease, written or oral, for an affordable
housing unit.
e. 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.
Article V. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this ___ day of __________, 2021.
_______________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
BR291-4-759954.v1
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2021-____
CITY OF BROOKLYN CENTER, MINNESOTA
A RESOLUTION APPROVING THE FIRST READING OF AN ORDINANCE
AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES REGARDING
TENANT PROTECTION
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 Section 12-912D of the City Code; and
WHEREAS, the City Council discussed this issue at several work sessions and now the
proposed Ordinance is being presented to the City Council to conduct a first reading in accordance
with Section 3.04 of the City Charter.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center as follows:
1. A first reading of the Ordinance is approved.
2. A public hearing, second reading, and possible action on the Ordinance is scheduled for the
regular City Council meeting to be held on December 13, 2021.
3. 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 at least seven
days before the scheduled hearing:
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 will hold a
public hearing electronically via Zoom 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 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
BR291-4-759954.v1
provide notice explaining the basis of a just cause nonrenewal of a lease, and provides 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. Information for how to
connect the meeting is available on the City’s website or by contacting the City Clerk.
4. City staff are authorized to take such other actions as may be needed to carry out the intent of
this Resolution and to prepare the Ordinance for a hearing, second reading, and action at the
December 13, 2021 City Council meeting.
November 8, 2021
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Council/E D A Work
S ession
V I RT UA L meeting being
conducted by electronic
means in accordance with
Minnesota S tatutes, section
13D.021 P ublic portion
available for connection via
telephone Dial: 1-312-626-
6799 Meeting I D:
85664318588# Passcode:
997830#
November 8, 2021
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.Discussion of P ermanent Fence
Staff request the City Council hear and discuss the installation of an addition to
the existing permanent fence at police station.
P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS
1.Upcoming I tems
C ouncil/E DA Work Session
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:D r. Reginald Edw ards , C ity M anager
S U B J E C T:D is cus s ion of Permanent Fence
Requested Council A con:
S taff request the City Council hear and discuss the ins talla0on of an addi0on to the exis 0ng permanent
fence at police s ta0on.
B ackground:
D uring the City Council mee0ng on Monday, O ctober 25 the is s ue of an addi0on to the exis 0ng permanent
fence located at the police sta0on was rais ed by a M s . A lfreda D aniels, res ident. The C ouncil asked for
informa0on regarding the fence. The C ity M anager indicated that he would provide informa0on to Ms.
D aniels and the C ouncil. O n M onday, November 1, the City Council directed s taff to add the fence to the
w ork s ession part of the agenda for upcoming C ity C ouncil mee0ng on November 8, 2021.
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S afe, S ecure, S table C ommunity, O pera0onal Excellence
C ouncil/E DA Work Session
DAT E:11/8/2021
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:D r. Reginald Edw ards , C ity M anager
S U B J E C T:U pcoming I tems
Requested Council A con:
O vernight Parking D iscussion - 11/22
S ears S ite D iscussion - 11/22
Earle Brow n Name Change for P ublic P roperty - 1/10/22
Council Policy for C ity C harter requirement of Mayor's s ignature on all contracts
S trategic P lans for years 2018-2020 and 2021-2023
Review S pecial A sses s ment Policy
Tobacco O rdinance
Emerald A s h Borer Policy Review
Community-W ide S urvey
A8orney R F P P rocess - Extens ion 11/22 and R F P P rocess 12/13
F ranchis e Fees
P ilot O pportunity S ite Concept Review - 12/13
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values: