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HomeMy WebLinkAbout2025.12.08 CCP REGULARCITY COUNCIL MEETING City Hall Council Chambers December 8, 2025 AGENDA 1. Call to Order - 7:00 p.m. Attendees please turn off cell phones and pagers during the meeting. A copy of the full meeting packet is available in the binder at the entrance to the Council Chambers. 2. Roll Call 3. Pledge of Allegiance 4. Informal Open Forum This is an opportunity for the public to address the City Council on items that are not on the agenda. It is limited to 15 minutes. It may not be used to make personal attacks, air personal grievances, make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with the presenter. Questions from the Council will be for clarification purposes only. It will not be used as a time for problem-solving or reacting to the comments made but for hearing the presenter for informational purposes only. The first call will be for those that have notified the Clerk that they would like to speak during the open forum and then ask if anyone connected to this meeting would like to speak. When called upon, please indicate your name and then proceed. Please be sure to state your name before speaking. a. Meeting Decorum 5. Invocation 6. Approval of Agenda and Consent Agenda These items are considered to be routine by the City Council and will be enacted by one motion. There isn't a separate discussion for these items unless a Councilmember so requests, then it is moved to the end of the Council Consideration Items. a. Approval of Minutes - Motion to approve the following minutes: • November 24, 2025, Study Session • November 24, 2025, Regular Session • November 24, 2025, EDA/Work Session b. Approval of Licenses - Motion to approve the licenses as presented. c. Resolution Designating Polling Places for the 2026 Elections Page 1 of 114 - Motion to approve the Resolution Designating Polling Places for the 2026 Elections d. Amendment to Cooperative Agreement regarding Joint Community Police Partnership (JCPP) - Motion to approve a Resolution amending the Cooperative Agreement between Hennepin County and the City of Brooklyn Center. e. Resolution Approving the Contract for International Union of Operating Engineers (IUOE) Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar years 2026-2028 - Motion to approve a resolution approving the Contract for International Union of Operating Engineers (IUOE) Local 49 (Public Works Maintenance) and the City of Brooklyn Center for Calendar years 2026-2028 f. 2026 City Council Meeting Schedule - Motion to approve the 2026 City Council Meeting Schedule 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Police Sergeant Stephen Pastor - Motion to approve the Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Police Sergeant Stephen Pastor b. Parks and Recreation Outreach Presentation - Motion to accept the presentation. 8. Public Hearings a. An Ordinance Repealing Section 12-310 of the Brooklyn Center City Code Regarding Commercial Premises Identification – Second Reading and Public Hearing - Motion to open the public hearing; - Motion to close the public hearing; and - Motion to approve an Ordinance repealing section 12-310 of the Brooklyn Center City code regarding Commercial Premises Identification. b. An Ordinance Repealing and Replacing in its Entirety, Chapter 5 of The Brooklyn Center City Code of Ordinances, Regarding the Establishment of Fire Prevention Division Within the Brooklyn Center Fire Department - Second Reading and Public Hearing - Motion to open public hearing; - Motion to close public hearing; - Motion to approve an Ordinance Repealing and Replacing in its Entirety, Chapter 5 of The Brooklyn Center City Code of Ordinances, Regarding the Establishment of Fire Prevention Division Within the Brooklyn Center Fire Department; and Page 2 of 114 - Motion to approve a Resolution Approving Summary Publication of an Ordinance Repealing and Replacing Chapter 5 of The Brooklyn Center City Code of Ordinances, Establishing the Fire Prevention Division Within the Brooklyn Center Fire Department. 9. Planning Commission Items 10. Council Consideration Items 11. Council Report 12. Adjournment Page 3 of 114 COUNCIL MEETING DECORUM FOR THE PUBLIC To ensure meetings are conducted in a professional and courteous manner which enables the orderly conduct of business, all persons in attendance or who participate in such meetings shall conduct themselves in a manner that does not interfere with the ability of others to observe and, when allowed, to participate without disruption or fear of intimidation. A. Decorum. Persons who attend meetings must avoid conduct that disrupts, interferes with, or disturbs the orderly conduct of the meeting or the ability of other attendees to observe and participate as appropriate. To that end, persons who attend meetings are subject to the following: (1) Members of the public may only speak during meetings when allowed under Council Rules and only after being recognized by the presiding officer. The City Council has established time limits for the acceptance of public comments or testimony. (2) Public comments or testimony must be addressed to the presiding officer and not to other Council Members, staff, or others in attendance. (3) All elected officials shall be referred to by their proper title and surname. (4) Public comments should avoid personal accusations, profanity, or other improper content for a public meeting. (5) Intimidating behaviors, threats of hostility, or actual violence are disallowed. B. The presiding officer shall request any person(s) who disrupt, interfere with or disturb the orderly conduct of a meeting to cease the conduct and, as necessary, shall issue an oral warning to the individual(s) found to be in violation. If the individual(s) persists in disrupting, interfering with, or disturbing the meeting, the presiding officer may have the individual(s) removed or, under appropriate circumstances, temporarily clear the gallery. If for any reason the presiding officer fails to take such action, a majority vote may be substituted for action by the presiding officer to maintain order and decorum over the proceedings. C. The Council Chambers capacity is 76 persons per fire code. Page 4 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: THROUGH: BY: Kat Ellgren, Deputy City Clerk SUBJECT: Approval of Minutes Requested Council Action: - Motion to approve the following minutes: • November 24, 2025, Study Session • November 24, 2025, Regular Session • November 24, 2025, EDA/Work Session Background: Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 2025.11.24 SS draft 2. 2025.11.24 CC draft 3. 2025.11.24 WS draft Page 5 of 114 11/24/25 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 24, 2025 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at 6:30 p.m. ROLL CALL Mayor April Graves, Councilmembers Teneshia Kagness, Dan Jerzak, Kris Lawrence-Anderson, and Laurie Ann Moore. Also present were City Manager Reggie Edwards, City Planning Manager Ginny McIntosh, and City Attorney Siobhan Tolar. Mayor Graves moved and Councilmember Kragness seconded to continue a Closed Meeting discussion on December 15. Motion passed unanimously. CITY COUNCIL MISCELLANEOUS DISCUSSION ITEMS CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS Dr. Edwards noted that, due to the Thanksgiving holiday, there would be no weekly newsletter this week. Dr. Edwards also explained that there would be a change to the agenda item regarding the bond sale. He stated that he had a memo from Finance Director Angela regarding the bond sale that occurred that day. He read the City Council's policy section 2, 11, which addresses setting interest rates for special assessments against private property. The goal is not to unfairly burden the property owner, but to recover the cost of borrowing from outside sources. This would also recover the cost of administering the special assessments and protecting the City from the possibility of special assessment pre-payments that might impair the City’s ability to service both bonds. He noted that a few items under the Consent Agenda relate to bond sale interest. He said the rate is calculated by adding two percent of the interest rates on the most recent General obligation bonds issued by the City. The resolution sets the rates for 2026 special assessments at 6.6 percent on the Consent Agenda and is based on the previous bond with an interest rate of 4.6 percent. He said the City issued a General obligation bond today, November 24, 2025, with a net interest cost of 3.15 percent, which is lower than anticipated. He said the Staff are proposing, with the Council's approval, to modify the resolution to include the updated net interest costs, setting Page 6 of 114 11/24/25 -2- DRAFT the rate at 5.15 percent instead of 6.6 percent. This amendment would lower the interest paid by property owners in 2026 for special assessments. Mayor Graves asked if the Council would be required to amend the motion with the memo information that Dr. Edwards just provided. Dr. Edwards clarified that a motion would need to be made with proposed adjustments, authorizing the Staff to make changes. Councilmember Moore asked if this was based on the majority vote where the Council assessed $201,000 to property owners, or if this was something separate. Dr. Edwards said this is a separate issue, and every year, interest rates have to be established based on a formula that is two percent of the last bond, and this amendment to the resolution would lower the bond rate. Councilmember Moore asked about the interest rate under which the $201,000 was approved for citizens' taxes next year. Dr. Edwards asked if Councilmember Moore was referencing the bond sale or the utility rates. Councilmember Moore said she was referencing utility rates. Dr. Edwards said it depends on which utility rate she is referencing because they are not all the same. Councilmember Moore said that this is difficult to understand, and she is unsure whether residents will understand it either, so she wants some clarity. She asked if the assessments on the property taxes that were approved would be at 5.15 percent. Dr. Edwards explained that this resolution has nothing to do with the special assessments Councilmember Moore is referring to, and is in regard to the interest rates when the City issues bonds, and residents will pay less. Councilmember Moore said special assessments have been part of the conversation, too, so it is confusing. Mayor Graves said, hopefully, there will be a presentation on this item at a later date. Dr. Edwards said this resolution is on the Consent Agenda, so the only discussion that they will be having is regarding the rates, which have already been discussed. Councilmember Kragness thanked the Staff for being transparent and lowering the rate, which will cost taxpayers less. Councilmember Jerzak said, for clarity purposes, he wanted to give the example of street improvements needed in a neighborhood, and the City has to assess a resident's property after those improvements; there is always the option to prepay that assessed value and not incur any interest. He noted that the assessments for citations have nothing to do with this discussion, and this is about passing on the City's costs for borrowing money to fund projects such as street improvements in a neighborhood. Dr. Edwards confirmed that Councilmember Jerzak is correct with his example. Mayor Graves said the Consent Agenda item referenced in this discussion is item 6e. Resolution Establishing Interest Rate For 2026 Special Assessments. CONCEPT REVIEW (PLANNING AND ZONING): 5840 LILAC DRIVE NORTH Page 7 of 114 11/24/25 -3- DRAFT Dr. Edwards noted that the zoning application process has been heavily discussed in previous meetings, as well as concept reviews, and introduced City Planning Manager Ginny McIntosh to discuss the concept review. Ms. McIntosh noted the property up for discussion tonight is 5840 Lilac Drive North, and to the north of this property is Brooklyn Center Elementary, and to the south is the Lilacs Apartments, which is zoned R5. The subject property is also zoned R5, which is for multiple-family residence or high-density housing. The subject property has been in existence since 1954, and it previously served as a medical clinic and a variety of different church uses. The property was recently sold in August 2025. Ms. McIntosh explained some of the history of the subject property. She noted that Susan Obwaya (property owner) of Fortunate Homes LLC purchased the subject property in August 2025. The property owner met with City Staff prior to the purchase and indicated an interest in maintaining the church use, as well as converting the building to a DHS Recuperative Care facility registration, or a long-term care facility, such as Assisted Living, or potentially co-locating more than one use of the property. City Staff advised the property owner at that time what uses were permitted in the zoning district where the subject property is located, and as the existing church is considered "non- conforming," it would need to continue to operate as a church, or the use would no longer be permitted. Ms. McIntosh noted that in September 2025, City Staff were contacted by the RISE Collaborative Department, which said they were working as the property owner’s representative and had an interest in accommodating a 30 to 50-bed Transitional Care/DHS Recuperative Care facility. Further discussions with the property owner indicated her preference for establishing a Transitional Care Unit (TCU) with an integrated dialysis department or, as an alternative consideration, a DHS Recuperative Care facility or a mixed-use model. Ms. McIntosh continued that the most recent project information provided indicates the subject property would be used as a potential MDH Assisted Living, or similar facility, such as DHS Recuperative Care, with plans to take the existing building down to the foundation and construct a two-story facility with 21 separate living units, a common space, and a kitchenette located on each floor. The plans identify an outdoor amenity space with a pergola and patio facing Knox Avenue North, which is zoned as a single-family R1 District. Ms. McIntosh noted that the property owner was hoping to gain clearer direction from the City Council and a feel for what Brooklyn Center needs or wants for this type of facility, and if the Council would find her proposed use of the subject property acceptable before preparing a full architectural plan and navigating the Planning Commission process. Ms. McIntosh showed the Council the submitted high-level concept plans that reflect the 21-unit layout as a two-story building and the parking lot. She noted that the concept review process is an opportunity for the Council to review a development concept prior to a formal planning commission proposal from an applicant and to provide comments, ask questions, and indicate Page 8 of 114 11/24/25 -4- DRAFT whether or not the Council would generally be open to the project. She continued that concept reviews are non-binding but do provide insight to city staff and the applicant as to the city Council's level of interest in a project. She said that no matter the feedback provided by the Council, it is within the applicant's rights to submit a Planning Commission application and proceed with the process if they so choose. Ms. McIntosh noted that the subject property is located on 0.74 acres and sits on multiple street frontages, including Logan Avenue North, 59th Avenue North, and Knox Avenue North. The subject property is adjacent to the Lilac Apartments, which are zoned R1 and Highway 100. Ms. McIntosh said she would briefly summarize two potential uses that have been proposed for the subject property. The DHS Recuperative Care facility would provide support for people experiencing homelessness to prevent hospitalization or provide medical care and support services when they are unable to recover from a physical illness while living in a shelter or otherwise unhoused. The typical stay is up to 21 days in this type of facility; however, providers can request up to 60 days. This type of use typically supports basic nursing care, wound care, medication support, patient education, housing support, food, transportation, and access to other services like primary care and behavioral health. This type of facility would require 24-hour access to a bed, bathroom with a shower, sink, and toilet, and access to three meals per day, which may be delivered. This type of facility also requires access to cleaning services, a telephone, a secure place to store belongings, and one staff member at the facility at all times. Facility staff must also provide in- person wellness checks a minimum of once every 24 hours. Services provided at this type of facility must be supervised by an advanced practice provider such as a nurse practitioner, a clinical nurse specialist, a physician, or a physician assistant. She noted that Recuperative Care can take place in a variety of settings, including a homeless shelter, single room occupancy units, or other supportive housing like congregate care settings, but must meet zoning requirements. Ms. McIntosh explained the MDH Assisted Living facility requirements for the subject property, should the property owner choose to license the facility as such. She noted that numerous changes to Assisted Living facility license categories have taken place over the past few years. There are two main categories under MN Statutes 144G, one being Assisted Living, and the other being Assisted Living with Dementia Care. The facility must provide housing, meals, and a range of personal care services for older adults and people with disabilities, such as bathing, dressing, housekeeping, medication management, and transportation. Assisted Living facilities may be staffed by licensed health professionals or unlicensed personnel with proper training. The facility must employ an Assisted Living Director licensed by the Minnesota Board of Executives for Long Term Services and Support. Some Assisted Living facilities service DHS Customized Living service clients, which are funded by Elderly Waiver, Brain Injury Waiver, and Community Access for Disability Inclusion (CADI). As of November 18, 2025, 130 of Hennepin County's 978 Assisted Living facilities are located in Brooklyn Center. Due to recent changes in Assisted Living licensures, a facility with six or fewer occupants can be considered Assisted Living, and includes Maranatha, Sanctuary, and Acumen because they are all in one category now. Page 9 of 114 11/24/25 -5- DRAFT Ms. McIntosh noted that both uses would be considered "conditional uses" in the R5 zoning district and would need to meet all criteria under Section 35-7700 of the City code and receive site and building plan approvals through the Planning Commission application process. She said that in the City, "group homes" or "congregate care facilities" which include MDH Assisted Living and DHS Community residential settings, generate an average of 25.79 calls for emergency services versus 3.39 calls for non-facilities. Ms. McIntosh said that City Staff conducted a high-level review of the submitted plans, which are subject to change. She noted that City Staff will need to survey to verify building setbacks, as it appears the existing building may meet the minimum setback requirement of 35 feet for primary- secondary frontages. If the property does not meet the minimum setback requirement, City Staff will need to review it against non-conformity provisions. She said that the property owner should consider relocation of exterior amenity spaces depending on the size of the facility and proposed programming, as the amenity spaces face R1 single-family properties along Knox Avenue North. She stated that City Staff does not have enough information with respect to beds and staffing to determine parking needs. The existing property provides 18 parking spaces along Logan Avenue North and a designated drop-off along Knox Avenue North. She noted that the submitted plans show 16 parking spaces along Logan and the removal of the drop-off area. Ms. McIntosh said the property owner should take into consideration any needs for a designated delivery or drop-off area, as well as space for a medical van and emergency personnel, as parking space is limited and one- way. Ms. McIntosh stated that the existing parking lot at the subject property does not meet current requirements for surfacing, drainage, and curbing under Section 35-5507. She noted that, given the age of the site improvements, the property owner may need to meet certain minimum SWPPP requirements with the Watershed Commission. She noted that the proposed building materials would need to be revised to meet City requirements, and the property owner would need to provide full lighting and landscape plans. Ms. McIntosh explained that most planning and zoning concept reviews have a direct ask; however, the Property Owner is asking the Council for direction with respect to community needs for certain facility types licensed or registered with MDH and DHS. She noted that, despite limited information being provided, she would like to know if the Council has any concerns with respect to the proposed MDH Assisted Living licensure and DHS Recuperative Care facility registration that the Property Owner should take into consideration. She reminded the Council that both uses would need to meet all criteria for conditional uses, including ensuring use is not injurious to the use or other property in the vicinity or diminishing to property values in the neighborhood. The subject property must also provide adequate measures for ingress and egress windows, and parking to minimize congestion while addressing noise, hours of activity, and exterior lighting. She noted that with conditional uses, the Council cannot attempt to manage a business or go too far with conditioners placed on its use. She said in the case of Recuperative Care facilities, housing options may be presented, but a person staying in a Recuperative Care facility is not required to find new housing and can remain in the facility and choose to be discharged without housing. She asked if there are any aspects of the site layout, architecture, or form of the presented plan that are Page 10 of 114 11/24/25 -6- DRAFT concerning to the Council. She stated that there is representation of the Property Owner in the audience, if the Council wishes to address them directly. Councilmember Moore thanked Ms. McIntosh for the presentation and noted that the saturation of six or fewer group homes known as Assisted Living facilities has been a source of concern and complaints for residents. She asked why these facilities are not being spread out throughout Hennepin County and are focused in both Brooklyn Center and Brooklyn Park. She said that over the last three years, Brooklyn Center has had the highest number of resident complaints about the health and welfare of people wandering the streets around these facilities, along with a very serious incident and the death of a member who lived in a facility north of the East Fire Station. She said she would not be in favor of this particular use of this property, especially with the additional concerns around the Police and Fire Department's access to the property. She continued that individuals who could stay for 30 to 60 days or even long-term, and there is a high saturation of these facilities in the City, which puts more strain on the Police Department. Councilmember Kragness thanked Ms. McIntosh for her presentation and stated that she wanted to be sure that the decision is not based on what the Council would like at that location, but what is allowed to be there due to zoning. Ms. McIntosh said that, based on her review, either facility would be considered a "conditional use" at the subject property. She noted that, from a zoning perspective, she said concerns about negative impacts to the surrounding neighborhood, traffic and noise concerns, hours of operation, and consistency with a comprehensive plan in the Unified Development Ordinance (UDO) would all be aspects to consider and review. She noted that with Recuperative Care, the City could not require residents of the facility to acquire housing when discharged, as part of a conditional use permit, since that is not related to a zoning item. Councilmember Kragness stated that if it were decided that a facility would create a negative impact on the neighborhood, the Council would have to clearly articulate how it would negatively impact the neighborhood, not just state that the other residents do not want a facility there. Ms. McIntosh said the Planning Commission and the Council have to look at a facility holistically and determine what the potential negative impacts could be with fact-based data. Ms. McIntosh noted that if there is a history with Assisted Living and Congregate Care facilities being problematic in neighborhoods, then that would be something that could be brought forward to justify a decision. Councilmember Jerzak thanked Ms. McIntosh for her presentation and stated that at this point, he does not have enough information to decide regarding the property. He said he knows Ms. McIntosh would like the Council to tip one way or another, but he is skeptical, and Public Hearings would flush out what the neighborhood thinks, despite that not being reason enough to deny the subject property's use. He stated he would also like to hear from the Elementary school since it would be very close to the subject property. He noted that the Council would not have any legal reasons to deny the subject property’s use as either type of facility, but asked if it would fit in the neighborhood. He said that the needs of the subject property are not for the Council to decide, and the Property Owner has to determine the need based on their business plan. He said he is open, Page 11 of 114 11/24/25 -7- DRAFT but skeptical because Recuperative Care is a fairly new concept, and there is not a lot of data for the Council to look at. Councilmember Lawrence-Anderson said she is not thrilled with the idea of either type of facility at the subject property due to the extreme number of emergency calls for emergency services at these types of facilities, with an average of 25.79 calls versus three calls for non-group homes. She said she is concerned about over-taxing the Police Department with another facility, which is already over-taxed. Mayor Graves said that Ms. McIntosh has now heard from the majority of the Council and will move on to the Regular Session. ADJOURNMENT Mayor Graves adjourned the Study Session at 6:59 p.m. Page 12 of 114 11/24/25 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 24, 2025 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 7:01 p.m. 2. ROLL CALL Mayor April Graves, Councilmembers Dan Jerzak, Kris Lawrence-Anderson, Teneshia Kragness, and Laurie Ann Moore. Also present were City Manager Reggie Edwards, City Engineer Lydia Ener, Principal City Engineer Hannah Delker, and City Attorney Siobhan Tolar. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor April Graves opened the meeting for the purpose of Informal Open Forum and reviewed the Rules of Decorum. Sally F. stated that she grew up in Brooklyn Center, and she does not like that the City is not enforcing rules about street parking and parking on residents' lawns. She stated she also does not like that the Brooklyn Center is putting a bridge over by 62nd to go over to the river, because that will affect her neighborhood with noise and excess people. Sally F. stated that her kids and grandkids go to school in Brooklyn Center, and it is becoming bad in the City because no one is enforcing anything anymore. She stated she owns a box truck and is not allowed to park in her driveway, despite having a driveway built for it, but a neighbor down the street is allowed to park his box truck in his driveway. She said enforcement needs to be changed, as she was told she cannot park on her street, but other people can. Mayor Graves said City Staff could give Sally F. some clarity about the box truck parking issues. Nakisha S. called in via Zoom. She stated she is having some frustration regarding the special assessments. Mayor Graves said that the item was on the agenda, and Nakisha S. could not address that during the Informal Open Forum, but she could send the Council an email or come speak at the next Informal Open Forum. Page 13 of 114 11/24/25 -2- DRAFT Mayor Graves moved and Councilmember Moore seconded to close the Informal Open Forum. Motion passed unanimously. 5. INVOCATION Councilmember Jerzak quoted Shannon L. Alder, “The most important thing in communication is hearing what isn’t being said. The art of reading between the lines is a lifelong quest of the wise.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lawrence-Anderson moved and Councilmember Moore seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the minutes as stated during the Study Session, with a change to Consent Agenda item 6e. Resolution Establishing Interest Rates for 2026 Special Assessments, adjusting the interest rate from 6.6 percent to 5.15 percent, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 27, 2025 – Study Session 2. October 27, 2025 – Regular Session 3. October 27, 2025 – EDA/Work Session 4. November 10, 2025 – Study Session 5. November 10, 2025 – Regular Session 6. November 10, 2025 – EDA/Work Session 6b. LICENSES GASOLINE SERVICE STATION AM PM Corner Market-Winner Gas 6501 Humboldt Avenue North Speedway #3192 6950 Brooklyn Boulevard Speedway #4058 1901 57th Avenue North Speedway #4160 6545 West River Road LIQUOR LICENSE Centerbrook Golf Course 5500 Lilac Drive North Speedway #3192 6950 Brooklyn Boulevard Speedway #4058 1901 57th Avenue North Speedway #4160 6545 West River Road Page 14 of 114 11/24/25 -3- DRAFT Topgolf 6420 Camden Avenue North MECHANICAL Tim's Qualirt Plbg. Dba 225 County Road 81 A Aarts Quality Plbg Osseo 55369 TOBACCO LICENSES Brook Center Plus LLC 615 66th Avenue North Casey’s 2101 Freeway Boulevard Family Dollar 2105 57th Avenue North Sun Foods 6350 Brooklyn Boulevard RENTAL INITIAL (TYPE IV -- six-month license) 6412 Indiana Avenue CNH Investments INITIAL (TYPE III – one-year license) 7118 Ewing Avenue North Golden Yang INITIAL (TYPE II – two-year license) 5312 67th Avenue North Kong Meng Thao & Houa Vang INITIAL (TYPE I – three-year license) 6837 Beard Avenue North Crystal Tetu RENEWAL (TYPE IV – six-month license) 6915 Humboldt Avenue North Lynwood Pointe Llc 5637-39 Girard Avenue North Julian Guo & Ruofei Xu 6618 Camden Drive Hussain Khan 7121 Knox Avenue North Seigonghyr W Korti Jr RENEWAL (TYPE III – one-year license) 1312 68th Lane North Markon Rentals Llc RENEWAL (TYPE II – two-year license) 3800 Burquest Lane HENNEPIN RP FUNDING LLC 5706 Camden Avenue North Midwest Challenge Inc Page 15 of 114 11/24/25 -4- DRAFT RENEWAL (TYPE I – three-year license) 5843 Fremont Avenue North Fremont Llc 7111 Riverdale Road A & V Olson 3125 65th Avenue North SFR BORROWER 2021-2 LLC 5924 June Avenue North ADAM VANG 6800 Fremont Place North Sharon Mcgary 7001 Fremont Avenue North Hpa Borrower 2018-1 Ml Llc 6c. RESOLUTION OF SUPPORT FOR AN APPLICATION TO MINNESOTA BROWNFIELDS GAP FINANCING PROGRAM BY DURDUR BAKERY AND GROCERY INC., FOR 5951 EARLE BROWN DRIVE FOR ENVIRONMENTAL ASSESSMENT 6d. LOGIS JOINT FUNDING AGREEMENT 6e. RESOLUTION ESTABLISHING INTEREST RATE FOR 2026 SPECIAL ASSESSMENTS 6f. RESOLUTION ESTABLISHING 2026 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6g. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2025-10, WATER TREATMENT PLANT CATWALK 6h. RESOLUTION APPROVING AN INTERFUND LOAN FROM THE STORM DRAINAGE UTILITY FUND TO THE WATER UTILITY FUND 6i. RESOLUTION AUTHORIZING CLOSING OF THE WATER TREATMENT PLANT CONSTRUCTION FUND TO THE WATER UTILITY OPERATING FUND 6j. RESOLUTION AUTHORIZING THE EXECUTION OF A LETTER OF ENGAGEMENT WITH A PUBLIC ACCOUNTING FIRM FOR AUDIT SERVICES 6k. RESOLUTION TO ACT AS THE LEGAL SPONSOR FOR THE BROOKLYN CENTER HEALTH, CULTURE, AND RECREATION Page 16 of 114 11/24/25 -5- DRAFT COMMUNITY CENTER PROJECT, AS CONTAINED IN HOUSE FILE (HF) NO. 670 6i. BROOKLYN CENTER 2026 LEGISLATIVE PRIORITIES 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8. PUBLIC HEARINGS 8a. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2026-01, 02, 03, & 04 HUMBOLDT AVENUE (CR 57) RECONSTRUCTION Dr. Edwards said this project has come forth for a Public Hearing and introduced City Engineer Lydia Ener. Ms. Ener noted that this is the first of two Public Hearings tonight. These Public Hearings are meant to address the project improvements, and there will be assessment Public Hearings regarding these projects in January. Ms. Ener stated that the Humboldt Project is on schedule with the Improvement Public Hearing happening tonight, one neighborhood informal meeting, and the Staff have established the 2026 assessment rates and interest rates, which affect this project. Per the schedule, approving plans, advertising for bids, and awarding the project should happen in the spring of 2026, and begin construction in the summer of 2026, with completion expected in the fall of 2026. Ms. Ener noted that the project summary is being done in conjunction with Hennepin County and is being led by City Staff. She noted that the project goes from 57th down to 53rd on Humboldt, and the City is proposing a full-depth reclamation that is a step above a mill overlay but a step below a full reconstruction, which is a very cost-effective way for areas where the pavement is in rough shape but the underlying subgrade is still within its useful lifespan. She said City Staff is also proposing a new concrete curb and gutter, pedestrian improvements, a shared-use trail, water main, sanitary sewer, storm sewer, and lighting improvements. Ms. Ener noted that the existing roadway is 36-feet wide, and was reconstructed in 1966 and 1969. It has a deteriorated bituminous curb and a concrete sidewalk. The proposed improvements include pavement full-depth reclamation, new concrete curb and gutter replacement, curb bump outs and roadway narrowing, pedestrian improvements, and a bituminous shared use trail and sidewalk, along with replacement of all existing light fixtures, and spacing is adequate. Ms. Ener explained that the water main and sanitary sewer were installed in 1952 and 1966. She said improvements include doing a full replacement of the water main, including hydrants and gate valves, and replacement of service lines up to the right of way. The sanitary sewer will also be replaced with new manhole concrete structures for both storm and sanitary, and replacement of Page 17 of 114 11/24/25 -6- DRAFT sanitary service lines up to the right of way. Ms. Ener continued that the existing storm sewer was installed in 1952, and it has far passed its useful life span. She said City Staff has televised the condition of the sanitary sewer and manholes, and is proposing a full replacement of the storm sewer with new precast concrete manhole structures. This is one of the areas that City Staff is working very closely with Hennepin County and the Watershed on requirements for this roadway. Ms. Ener explained that City Staff held a neighborhood meeting back in October ahead of the feasibility report. She noted that three people attended the meeting, representing two properties, and City Staff answered questions on the assessment process timeline for construction and access for properties during construction. She said that the City does require contractors to maintain access at the start and end of each day to houses, with the exception immediately following the concrete curb and gutter, where people will not be able to drive over that new concrete for seven to 10 days. She said if there are any access concerns, City Staff works directly with the property owner to make sure everybody has safe and adequate access. Ms. Ener continued that the bulk of the project will be funded by county MSA, which is different than the City's MSA, which is Minnesota state aid. She noted that because this is a county road, it is simply being done by the City to facilitate a lot of the resident and property owner interactions, but a significant portion of this project is being funded by the county, along with special assessments and funds from the Sanitary Sewer Utility fund, Water Utility fund, and Street Light Utility fund. The project total is currently $4.4 million, and will change through final design and bidding. Ms. Ener said she would briefly discuss the assessment area and calculations, and based on the City assessment policy, the project cost and type are what influence what people pay. The majority of the project will get a per-unit assessment rate, and that was just determined in the Consent Agenda, setting those assessment rates for 2026. This project will get the full depth reclamation assessment amount, which is a middle-of-the-road assessment. She noted that corner-lot properties that were previously assessed for the Bellevue project are not assessed again for this project. Ms. Ener noted that there are different payment options for the special assessments to make sure it is flexible for the residents. The first option is to either pay in full or make a partial payment with no interest between April 15 and September 30 of 2026. The second option is to pay in full or a partial payment with interest from October 1 to November 14, 2026. The third option is to pay in installments with property taxes over a 10-year period starting in 2027, with a 5.15 percent interest rate. Ms. Ener stated that partial prepayments can be accepted by the City. If the project is approved, a letter will be sent to property owners for an Assessment Hearing held in January 2026 at a regularly scheduled Council meeting. She said that deferment is always available for residents who are over 65 and meet income requirements, and can contact Engineering to discuss those options. Ms. Ener read the recommended actions to the Council, starting with opening a Public Hearing for the ordering of the improvements, taking public or Council input on the improvements, closing the Public Hearing, and taking into consideration comments before making a motion to adopt the resolution. Page 18 of 114 11/24/25 -7- DRAFT Mayor Graves moved and Councilmember Moore seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Mayor Graves moved and Councilmember Moore seconded to close the Public Hearing. Motion passed unanimously. Mayor Graves asked if there would be stripes on the road. Ms. Ener explained that part of the project is partially a state aid requirement on whether or not the City stripes the road. She noted that schematically, because of the width and the state requirements for the road to be narrowed, there can only be parking on one side of the road. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to approve a RESOLUTION ordering the Humboldt Avenue (CR 57) Reconstruction Project No. 2026-01, 02, 03, & 04 and authorizing preparation of project plans and specifications. Mayor Graves asked if she had to clarify the interest rates before voting. Ms. Ener said the interest and assessment rates have already been set. Motion passed unanimously. 8b. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2026-06, 07, 08, & 09, JOHN MARTIN DRIVE IMPROVEMENT PROJECT Dr. Edwards stated that the presentation will continue as part of the 15-year plan for road construction. He introduced new Principal City Engineer Hannah Delker to present this item. Ms. Delker explained that a lot of the information regarding the John Martin Drive project will be similar to the Humboldt project. She stated that there was a neighborhood information meeting held on October 6, and the City Council received a feasibility report on the 27th, and assessment rates were established today, along with the interest rate, and now the Public Hearing for the project will be opened at tonight's meeting, and Assessment Public Hearings will be held in January with construction beginning next summer. Ms. Delker gave a brief overview of the project, which is a primary surface improvement project with some minor utility and lighting improvements. The street improvements include full-depth reclamation of pavement, spot curb and gutter replacement, and spot apron replacement. The utility improvements include sanitary, storm sewer, and gate valve casting replacement within the roadway. The lighting improvements include new conduit installation, and all improvements have Page 19 of 114 11/24/25 -8- DRAFT been coordinated with future improvements to the Opportunity Site and any potential MnDOT Trunk Highway 100 improvements. Ms. Delker stated that the current roadway is 50 feet wide and was last constructed in 1998. The proposed improvements are the full-depth reclamation, but will not change the width of the roadway. Replacement of curb and gutter will be done as needed, along with the aprons as well. There will be some pedestrian improvements to comply with ADA requirements and improve accessibility in this area. The lighting improvements are primarily new conduit, and the remaining lighting improvements will be made with a separate area-wide project. Ms. Delker explained that the existing water main was installed in 1969, and the pipes are eight- inch diameter CIP. The proposed improvements include gate valve casting replacements within the roadway. These improvements have been proposed in coordination with future development replacements to avoid redundancy with potential changes to the water main alignment and capacity needs, as potential development is seen in this area. The existing sanitary and storm sewers were also installed in 1969, and the pipes are eight-inch diameter VCP, and the storm pipes are 12 to 48-inch diameter RCP. There were television and visual surveys conducted to observe the condition of these utilities. The proposed improvements are the casting replacements within the roadway in the curb line. A neighborhood meeting was held for this project on October 6, with one individual in attendance representing three properties. Information was given on proposed improvements and the schedule. Questions and comments were taken from the resident regarding the assessment process, the timeline for construction, and access to properties during construction. Mr. Delker explained that this is a state aid project, and is not a county project like the Humboldt project. This project, including the commercial special assessments, comes out to a total cost of $1.13 million, which is subject to change as the scope of the project narrows. Ms. Delker explained the assessment area and calculations for this project. The properties that are considered for assessments on this project are all C2 commercial and industrial properties. The assessments are calculated based on the City assessment policy, and based on cost as well as project type and property area. Ms. Delker discussed the payment options for the special assessments, which are the same as those for the Humboldt project. She noted that there are three payment options: the first is to pay in full with no interest between April 15 and September 30, 2026; the second is to pay in full or make a partial payment from October 1 to November 14, 2026, with interest beginning on October 1. The third option is to pay in installments with property taxes over a 10-year period starting in 2027, with the 5.15 percent interest rate. Partial payments can be accepted by the City, and if the project is approved, a letter will be sent to property owners for an Assessment Hearing in January 2026. She noted that any questions or comments can be directed to the Engineering Staff. Ms. Delker read aloud the recommended actions of the Council to open the Public Hearing, take input from any residents, close the Public Hearing, and consider comments before adopting the resolution. Page 20 of 114 11/24/25 -9- DRAFT Mayor Graves thanked Ms. Delker for her presentation and asked if there were any questions from the Council before opening the Public Hearing. Councilmember Jerzak asked to see the map that showcased the specific properties that would be assessed for this project. Ms. Delker confirmed that she could. Councilmember Jerzak asked if one of the properties that would be assessed for this project is the mall. Ms. Delker said it would be that entire parcel, and Staff calculations take into account the frontage, and there is a different percentage applied based on the portion of the parcel that is directly adjacent to the project. Councilmember Jerzak asked if the City is assessing the Target building for this project, which is empty. Ms. Ener answered that because that building is part of an EDA property, rather than being a City park, it is assessed in the same fashion that everybody else would be. She noted that City Engineers have worked in coordination with Community Development on this project. Councilmember Jerzak said one of his concerns is the urgency of the project, because nothing has been established for the Opportunity Site, although it was alluded to that this project aligns with the Opportunity Site improvements. He noted that the majority of the businesses this project would affect are minorities, and they are already struggling. He asked what the average assessment would be per property for this project, and said the businesses affected may not see the value in this project compared to what they have to pay for their assessments. Ms. Ener responded that these assessments are done per square footage, and there is a significant difference between the property at 5900 and the property at 5901; two of the three highest assessments do not go outside business properties; they are EDA-owned lots. Councilmember Jerzak said he understood that there are nine properties that this project would affect, and this project will cost over a million dollars. He noted that this is one of the reasons he is so against acquiring additional vacant properties that sit for long periods of time and end up with these types of assessments. Mayor Graves moved and Councilmember Moore seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Mayor Graves moved and Councilmember Moore seconded to close the Public Hearing. Motion passed unanimously. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to approve a RESOLUTION ordering the Improvement Project No. 2026-06, 07, 08, & 09, John Martin Drive Improvement Project, and authorizing preparation of project plans and specifications. Councilmember Jerzak voted against the same. Motion passed. Page 21 of 114 11/24/25 -10- DRAFT Mayor Graves asked if the City Engineers have been discussing porous asphalt for any City projects. Ms. Ener said those types of specialty items are difficult to use on City projects, and are frequently proprietary materials that are difficult to bid on due to fair bidding laws. Ms. Ener said this is similar to CIPP lining, which, 15 years ago, almost no cities used because there were only two companies that produced CIPP lining. Now that more companies produce it, Brooklyn Center uses CIPP lining frequently. Ms. Ener said that with the porous asphalt and the difficulty in sourcing and maintaining it, City Staff has not looked at using it too much. Mayor Graves asked if using it is on the City Engineer's radar. Ms. Ener confirmed that it is, and it is a frequent topic at the fall conference for the American Public Works Association, but cities cannot be early adopters of something new that might not work out, and City Engineers have to be conscious of what the maintenance would be on a product like that. Mayor Graves asked Ms. Ener to explain what porous asphalt is for people who do not know. Ms. Ener explained that there are porous concretes and pavements that have a sponge-like appearance with holes in them that allow water to drain through, so they do not count towards your impervious pavement surface. Ms. Ener noted that she has seen it used in trial run applications at a large park in St. Louis, where it was used along a small strip of edger where vehicle wheels do not sit, and it allows water to drain through it. It also allows a lot of debris to get trapped inside of it and has to be vacuumed out with a large-scale vacuum truck. Ms. Ener noted that it is a really cool environment tool to be used in the right settings, such as park applications and other small pedestrian areas that do not get heavy vehicle traffic. Mayor Graves thanked Ms. Ener and Ms. Delker for the information and their presentations. 9. PLANNING COMMISSION ITEMS 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION AWARDING THE SALE OF $6,180,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2025A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Dr. Edwards noted that the Council has previously heard about this topic, as far as bond sales and planning are concerned. He introduced Consultant Jason Aarsvold with Ehlers. Mr. Aarsvold explained that he was there to discuss the sale of bonds related to several different utility improvement projects in the community. He noted that he has been working with City Staff over the last two months to bring this bond issue forward. There were several steps involved with this process, one of which was to have a rating assigned to the bonds, which helps them get sold in the marketplace. He said the City's bonds received a double-A rating with a stable outlook, which is just two notches below the highest rating that the S&P assigns to issuers like Brooklyn Center. He noted that the rating came back with notes of good management, practices, and Council policies that are in place. Mayor Graves asked him to repeat that. Mr. Aarsvold said it was all written out in the Council's report, but most importantly, the management of the City, both financially and with policies, practices, and procedures, heavily influenced the rating. Page 22 of 114 11/24/25 -11- DRAFT Mr. Aarsvold stated that he was also able to access the state's credit enhancement program. This program is accessible if the project is entirely utility-related, and the state will allow the City to use its bond rating, which is a triple-A rating, which also applies to the sale of the bonds, effectively guaranteeing that the City gets access to better interest rates. Mr. Aarsvold said the process of bond sales puts the City's debt out to bid, and it is a competitive bidding process with eight bidders. He noted that the Council had the pre-sale report, which outlined the preliminary plan for the issuance of debt, estimated at 3.67 percent, with a bit of cushion to get between there and the day of sale. He said he was happy with that result and the bids that came in. He said after evaluating the bids on the basis of the interest cost that came in, he is recommending awarding the lowest bidder, which was Huntington Securities out of Chicago, Illinois. He said another thing to note is that this is an environment where there was a premium also provided, where the buyer agreed to pay higher than face value or the amount of the bonds in exchange for higher individual coupons to get to that 2.979 percent. He said the City would keep that low interest rate for these current projects and any future projects. Mr. Aarsvold said that is the basic summary of the sale, and there is a resolution for the Council to effectively award the sale of the bonds to Huntington Securities at the rate anticipated. Mayor Graves thanked Mr. Aarsvold for the presentation and asked the Council if there were any questions. Councilmember Kragness asked for clarity on the price for Huntingtin Securities at $6.7 million, and at the bottom, the adjusted price is $6.726 million, with a difference of $5,600, and what that difference is for. Mr. Aarsvold said the price is reflected at the top of the sheet. Councilmember Kragness asked if the price is $6.7 million, then what the adjusted price at the bottom means. Mr. Aarsvold said he does not know why there would be a difference, though, and he thinks it is a typo. He said he had a proposal form with the final numbers on it. Councilmember Moore said the true interest cost states it is 2.9864 percent, and in the back of the packet, it is listed at 2.979 percent, and she guessed that is where the price difference came in. Mr. Aarsvold explained that bonds are issued in $5,000 increments, and when the bid comes in, and it does not jive with the increments, he will make adjustments that way, and there is some rounding that goes along with that to adjust the price, which also affects the true interest cost. He said in the document that the actual price is listed at $6,721,084.75. Mayor Graves moved and Councilmember Lawrence-Anderson seconded to approve a RESOLUTION Awarding the Sale of $6,180,000 General Obligation Utility Revenue Bonds, Series 2025A, Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Motion passed unanimously. Page 23 of 114 11/24/25 -12- DRAFT 11. COUNCIL REPORT Councilmember Moore reported that she and Councilmember Kragness attended the Random Acts of Kindness event on Saturday, and it was a well-attended and nice event. Mayor Graves said she attended the BrookLynk Summer Jobs program 10th Anniversary event and celebrated with alumni, amazing City Staff, and community members. Attended the tour of Medtronic Head quarters in Brooklyn Center with Dr. Edwards and Community Development Manager Ian. Facilitated board meetings for the Northwest Tourism Bureau as well as the Brooklyn Bridge Alliance. 12. ADJOURNMENT Mayor Graves moved and Councilmember Kragness seconded adjournment of the City Council meeting at 7:51 pm. Motion passed unanimously. Page 24 of 114 11/24/25 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 24, 2025 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President April Graves at 7:51 p.m. ROLL CALL Mayor/President April Graves and Councilmembers/Commissioners Dan Jerzak, Kris Lawrence- Anderson, Teneshia Kragness, and Laurie Ann Moore. Also present were City Manager Reggie Edwards, Community Development Director Jesse Anderson, and City Attorney Siobhan Tolar. ACTIVE DISCUSSION ITEMS RENTAL LICENSE APPLICATION PROCESS DISCUSSION Dr. Edwards said there would be two presentations tonight and introduced Community Development Director Jesse Anderson to present on both. Mr. Anderson noted that this was initially a request made by the City Council to review the rental license program. City Staff met with tenants, advocacy groups, and property owners and managers to receive feedback. City Staff also met with the Housing Commission to receive feedback from them to review with the Council. Mr. Anderson detailed the fee structure for rental licensing. The fee structure for a single-family new license is $400 400inspection plus $500 conversion fee, totaling $900, and the renewal fee is $300. He noted that for a two-family dwelling, the cost is $200 per unit. A multi-family fee costs $200 each building plus $18 per unit, with a minimum of a $450 fee. He stated that the way the licensing process works is that a property owner applies for a rental license and applies for an application or renewal, depending on the status. The City then inspects the unit and provides a list of corrections based on the property maintenance code. After corrections are made, a follow-up inspection is done, and if the property passes, it moves forward to the Council. If additional inspections are required because the property failed its second inspection, they will incur re- inspection fees. He said that an inspection is scheduled once the rental license fee is paid and all units are inspected. The fees paid include two inspections; the fees for a single-family are $100, and for a multi-family, they are charged $50 per unit and $100 per common area. Page 25 of 114 11/24/25 -2- DRAFT Mr. Anderson said there is a performance-based licensing system in place for rental licenses. A type one license is the best category, and a type four is the lowest category. The category is determined based on the number of violations per unit noted during the initial inspection. He displayed a chart for the Council with the breakdown of the property code and nuisance violations criteria. A type one, three-year license consists of any number of units with no greater than two violations for one to two units, and no more than 0.75 violations for three or more units. A type two, two-year license is no more than five violations for one to two units, and no more than 1.5 violations for three or more units. A type three, one-year license can have no more than nine violations for one to two units, and no more than three violations for three plus units. A type four, six-month license can have greater than nine violations for one to two units, and no more than three violations for three or more units. He noted that the fees do not change based on the license category, only the length of the license. Mr. Anderson stated that the current rental information with numbers of license categories includes: 339 type one licenses, 180 type two licenses, 53 type three licenses, and 21 type four licenses, with 593 total active rentals. He noted that there are other properties in the system that might be expiring, pending, or have utility bills outstanding that make up 174 properties total. He noted that the grand total accounting for all properties totals 767, but there could be duplicates in there if there are properties that are active that let their rental license lapse, and are waiting for inspections to get their license renewed. He continued that congregate facilities or assisted living facilities are exempt from rental licensing and total 203 that are not licensed with the City but are licensed through other agencies. Mr. Anderson quickly summarized the license process, where the property has to pass inspection before getting their license issued by the Council, and the property owner must pay all utilities, re- inspection fees, and have all property taxes paid before Council approval and before the rental license expires. Renewal notices are sent out via email 120 days, 90 days, 60 days, and 30 days in advance. Mail renewal notices are also sent out 90 days, 60 days, and 30 days in advance. Mr. Anderson stated that Staff met with tenants and advocates on August 26, 2025, and several notices were posted in multi-family properties throughout the City, along with email invites sent to tenants and advocates. He noted that 12 participants attended the tenant meeting, and Staff provided a presentation reviewing the rental license program, inspection, and approval process. Staff had a prepared set of questions to start the conversation to receive feedback, and Staff addressed comments, questions, and concerns from the tenants throughout the meeting. Mr. Anderson noted the feedback received at the meeting was that tenants like the current program and do not want too many changes, but want more inspections and want the City to address more violations. He stated that tenants want the City to penalize property owners who knowingly violate their lease agreement and City ordinances and pursue license revocation for ongoing maintenance issues. He continued that the tenants want the City to create rules around tenant and guest parking and when cars can be towed, as well as physical postings and notifications should be sent to tenants, not just email or electronic notifications. Other tenant feedback included the City should notify tenants of actions taken against a property owner, create a program for tenants to escrow rent for neglected property maintenance, and increase tenant engagement and education about tenant rights and protections. Page 26 of 114 11/24/25 -3- DRAFT Mr. Anderson highlighted the feedback received from the property owners and managers meeting. City Staff met with tenants and advocates on August 28, 2025, after email invites were sent to multi-family and single-family property owners. At this meeting, 12 participants attended, along with one City Councilmember. City Staff provided a presentation reviewing the license program, inspection, and approval process. Staff prepared a set of questions and options to consider to start the conversation, receive feedback, and address concerns throughout the meeting. He noted that City Staff suggested to some of the landlords to eliminate the Crime Free Housing training due to limited class offerings, along with the Crime Prevention through Environmental Design (CPTED), as many properties have already completed their requirements. It was also suggested to eliminate the Action and Mitigation Plan requirements since this can sometimes hold back a property from improving the new license type. Staff also discussed adjusting the inspection system by increasing the number of violations to allow for improved license types and reverting to a two-year rental license. Mr. Anderson noted the feedback from the property owners and managers, including that the rental program or inspection does not produce better housing, and property improvements can cause more code violations. He stated that the property owners also said some code violations are due to tenants, not property management, and wanted a way to cite the tenant for a code violation, not the property owner. He noted that the property owners said that code violations should be for life, health, and safety violations, not just maintenance, and inspectors are not uniformly calling out code violations. He noted that other feedback was that property owners should be allowed to do repairs during the on-site inspection and not count it towards a license determination. Mr. Anderson said that the property owners all said the City is conducting too many inspections and the cost is too high when that money could be used for other improvements, and they should look at Brooklyn Park's rental license program. Other feedback received from the tenants included rental licenses being transferable to new property owners, and that rental license revocation is a deterrent to property owners investing in the City. Mr. Anderson said all feedback was presented to the Housing Commission. He noted there were a lot of questions from Commissioners about the rental license program pertaining to what the program can and cannot do. City Staff addressed many of those questions and received feedback from Commissioners. He noted that Commissioners said if property owners maintained their properties, there would be less time spent on inspection preparation. He noted that one Commissioner stated that inspecting 30 percent of units and moving a two-year license would be good and might attract more investment in the City. Other Commissioner feedback received was more enforcement and responsibility put on the property owners, along with concerns about inspection of 30 percent of units and the degradation it would cause in three years, and the importance of posting physical notices for tenants. He noted that the general consensus from the Commission is that the program is working and is in favor of it, with some changes. Mr. Anderson noted that after receiving all feedback, City Staff had some recommendations for the Council to consider. One recommendation was to increase the number of code violations allowed per unit at multi-family properties, and noted that single-family changes were made in 2019 to make a higher license category easier to obtain. Another recommendation included Page 27 of 114 11/24/25 -4- DRAFT removing the Crime Free Housing Training requirement, along with the Crime Prevention Through Environmental Design (CPTED) inspection requirement and the Action and Mitigation plan requirement. Other recommendations include not holding back properties with delinquent utilities or fees, only properties that are delinquent on property taxes, with no changes to the inspection process or how code violations are cited. Mr. Anderson noted that he is open to feedback from the Council and asked if they had any questions. Councilmember/Commissioner Kragness thanked Mr. Anderson for the presentation and the history behind the rental licensing program. Councilmember/Commissioner Lawrence-Anderson said she thought the Council should look at making some changes, and she was never in favor of the ordinance that was passed in 2021, as she felt it was punitive to property owners. She said she would have no problem repealing that ordinance and focusing on the state model instead. Councilmember/Commissioner Jerzak said he has 15 pages and a discussion with Dr. Edwards, and considering the circumstances, he would defer to him, but he felt like there were a lot of discrepancies in the document. He stated that with any ordinance or policy, he firmly believes that they should be revisited as changes occur over time. He said he was part of the group in 2010 that put certain policies in place, and it was done due to a single rental property that the City ended up in a major lawsuit with. He said at that time there was a significant disagreement over the point system; however, it was enacted with good intent. He said he recognizes there needs to be balance and best intentions can lead to unforeseen consequences. He said most of these policies were written towards the bad actors, but that becomes a broad brush that punishes the good landlords, too. He said when a policy or ordinance becomes cumbersome or difficult to match bureaucracy, out of frustration, landlords put properties up for sale, which frequently go to land national firms that have less or no community involvement. He noted that on page 92 of 194, in the third paragraph, it states that "on the July 18, 2023, meeting, Community Development Director Anderson explained the last modification was done in 2010 and was intended to reward landlords for quality service and provide extra attention to lower performing rentals." Councilmember/Commissioner Jerzak said this is true, but it has unintended consequences, and one-size does not fit all, and fees and the process become burdensome, and someone has to pay those fees, and it is the tenants. He said that with the current points system, he does not agree that it is hard to separate life, health, and safety for inspections because communities all around Brooklyn Center do that. He noted that the system the City has is IPMC, and it is primarily a building code system, and he knows it was implemented to give the City a case history. He said under the current point system, all violations are weighed the same, and an example would be a dirty vent filter over the top of a stove that gets written up is weighted the same as a leaking gas line, and it defies common sense. He noted that the landlord would not be aware of a dirty vent filter, because the landlord does not cook in the tenant's home, but is penalized for it. He noted another example is smoke detectors, and if batteries were missing as an Inspector, he would write it up, despite the landlord standing there with batteries to fix the issue, but instead the landlord has to submit a work order that may take 10 days to go through in order to make the repair. He noted Page 28 of 114 11/24/25 -5- DRAFT that the current process is not safe, and a re-inspection has to be done over a missing battery in a smoke detector, which defies common sense. Councilmember/Commissioner Jerzak asked why the tenant is held responsible for delinquent utilities if it is not part of their lease, and it can be assessed. He noted that when properties are sent expiration notices of the rental license, it incites panic in the existing tenants, and there is no value in that. He noted that in 2025, a memo to the Council said that delinquent utilities were at $862,410.48, and after making a data request for rental licensing and dwelling fees to Dr. Edwards, he said that $223,650 was budgeted, and $60,285, or a total of $283,935, was accounted for in fees. This is not what it costs the landlords to prepare these properties, and the tenants pay those fees, not the landlord. He continued on page seven of 194, the recommendation is to keep the performance-based rental license system with some changes, and he applauds that and has talked to Dr. Edwards about this a number of times. He said the final policy is determined by this Council, and the last bullet point on the page says there should be no change in the inspection process, and he asked how Mr. Anderson could know that. He said he thought Mr. Anderson was open to feedback from the Council. He said that many bordering cities have determined what is considered life, health, and safety regarding inspections, but he will not continue to preach that. He said he requested to be invited to the tenant's meeting because oftentimes the tenants do not understand the process, and there are several state statutes that already cover these issues. He said he received an invite ot the tenant's meeting 36 minutes after the meeting started, and he was already out of town. He requested a copy of the minutes of the tenant's meeting, and he never received it. He noted that a landlord does not want empty properties and wants clean and safe properties for tenants. He said he is pleased that the policy is finally being reviewed, and he wants common sense to be reintroduced with a level playing field. He said he is trying to be balanced, and he is not attacking Mr. Anderson's work, but it has become a bureaucratic, cumbersome process, and it is not yielding what the Council wants. He said he would submit the rest of his comments to Dr. Edwards regarding this, and stated he appreciates all efforts from City Staff and believes there is room for balance. He noted that this policy will not be slow-walked, and three years is unacceptable for this policy to get to the Council to be reviewed. Mayor/President Graves said the government moves very slowly, and she remembered talking about creating a Community Engagement Communications Department in 2015, and it was not until 2019 that the City actually created that Department, so three years is not that bad. She said that Councilmember/Commissioner Jerzak may remember that it also took two years of discussion to get a Code of Respect passed. Councilmember/Commissioner Moore said she concurred with Councilmember/Commissioner Jerzak, especially as Councilmember/Commissioner Jerzak had a boots-on-the-ground experience with this, and all his points are salient. She noted that it should not have taken this long for the current landlords and tenants to get this remedied. She said she will agree with whatever Councilmember/Commissioner Jerzak recommends due to his experience. Mayor/President Graves said she appreciates Councilmember/Commissioner Jerzak's expertise in inspections and thanked City Staff for hosting space for both tenants and landlords to be heard. She said she agreed that some changes could be made, but she is not sure she would agree with Page 29 of 114 11/24/25 -6- DRAFT everything Councilmember/Commissioner Jerzak is suggesting, as his comments were long, and it was hard to digest all of them. She said, looking at the bullet points from the two meetings, there is some overlap with inspections and regulations. She noted that there could be some work done by City Staff to look into alignment with what the landlords and tenants want, along with what other cities are doing, especially for life and safety violations. She noted that tenants want to have documentation on whether issues were tenant or owner-created, and that could be something that City Staff looks into and gets into the nuances of some of the things that do affect life and safety standards for tenants. She said posting notices is also not hard for landlords to do, to make information accessible to all tenants. Mayor/President Graves also noted that making the rental license inspection process more uniform is common sense and makes it easier for landlords to adhere to it. She noted that a lot of things she has heard herself from tenants are regarding parking at specific properties, and it might be worth City Staff exploring specific language around the prevention of towing vehicles. She continued that she has heard from a lot of people since she became Mayor/President that people are getting their cars towed even when they have permits from garages that they are paying for. Mayor/President Graves said overall, there is space for some additional alignment and clarity to address issues for both tenants and landlords. Councilmember/Commissioner Moore said she wanted to give an example of her daughter, who rented an apartment and had to follow everything in her tenant lease, and if something needed to be fixed, she called her landlord. She said the City is going to protect the tenants, but when tenants are not respecting the apartment, the hallways, and not paying rent for five or six months, that should not become the landlord's problem. She said she does not know where the towing issue comes from, and only knows of one example of one person who reported this, and does not take much credence in one report of a vehicle being towed at an apartment complex. She noted she is steadfast in bringing balance, and landlords are in the business to provide safe, affordable access to a home and have responsibilities to maintain that. Mayor/President Graves said no one mentioned that tenants should be allowed to stay in an apartment without paying their rent for five or six months, and she is confused where that statement came from. Councilmember/Commission Moore said she would not be responding to Mayor/President Graves' question. Mayor/President Graves said Councilmember/Commissioner Moore made that statement, and no one said that, and it was not included in the presentation. Councilmember/Commissioner Moore said that statement was part of her example. Councilmember/Commissioner Jerzak said he wanted to go back to page three of 194 and said he wanted to recognize that City Staff worked hard on this, and the suggestions Staff came up with are great to start with. He said he would like to add a few more suggestions. He said the police service calls are ridiculous and do not affect the rental license category, which is a huge resource draw from a number of people to get that data, and there is no outcome that justifies the amount of money put into it. He said education is important, and there is a state statute, and there is rent, and escrow, and times are different now than during COVID-19, when there was a lot of money available to help pay rent for tenants. He said if the landlord does not rent the vacant property, and it is a competitive environment, and if the City keeps taking money from them for inspections that Page 30 of 114 11/24/25 -7- DRAFT are not yielding results, and cannot go to pay for new carpet, new paint, or any other improvement plans for the properties. He said regarding private property, the City cannot regulate private property, and when the tenant signs the lease, they agree to certain roles. He noted that if a vehicle is towed and it was posted, the tenant could have a claim against the towing company, but the City cannot be all things to all people. He said the points system could be preserved but should be modified as it is not equal, and the goal is to provide a better experience for the tenant. He said the biggest complaint he heard from landlords when he was an inspector was that the landlord did not ever know there was an issue with the property, until the inspection. He noted one example of a hole in a soffit that cost $2,700, which is punitive to the landlord and required 50 pages to reflect that damage, and that does not even affect life, health, or safety for the tenant. Dr. Edwards said after hearing all the feedback, City Staff will make changes and bring it back to City Council/Economic Development Authority to discuss at a later date. Mayor/President Graves noted that the City still has a decent amount of rentals, and therefore, the process cannot be too burdensome. TENANT PROTECTIONS DISCUSSION Dr. Edwards said the second part of the presentation will be about tenant protections, as requested previously, and introduced Community Development Director Jesse Anderson to present this item as well. Mr. Anderson explained that tenant protection is not directly enforced by the City, but tenants can use this ordinance through the court system, and the City can advise. He said that City Staff met with tenant advocacy groups, property owners and managers, and the Housing Commission. He said there are three tenant protection ordinances, but there are two main ordinances that he will focus on tonight. The first one is the 30-day Pre-Eviction notice, which states that the landlord must give the tenant a 30-day notice prior to filing the eviction, along with the reason for the eviction. The other ordinance is the Just-Cause Non-Renewal. He explained that this means that when the tenant's lease renewal comes up or the current lease is expiring, the tenant is not allowed to renew the lease, and there is a list of just causes which includes: lease violations, refusing to renew the lease, if the unit was occupied by a family member, if the unit is going to be demolished or rehabbed, a government order to vacate, or if the occupancy was a condition on the tenant’s employment and the tenant is no longer employed. Mr. Anderson highlighted the feedback from the tenants, and there was a consensus that the 30- day Pre-Eviction notice is preferred and gives the tenant enough time to apply for assistance or find alternative housing. He said the tenants said the City should continue to provide recommendations or education about the tenants' protections since there is a lack of understanding. He noted that tenants also want to penalize property owners who purposefully neglect tenant protections and create specific penalties for property owners. Mr. Anderson summarized the feedback from property owners and managers, who stated that tenant protections create an adversarial relationship due to having to preserve property owner Page 31 of 114 11/24/25 -8- DRAFT rights. He gave an example of serving a 30-day pre-eviction notice on the second of the month for late rent. The consensus of the property owners was that a 30-day pre-eviction notice was too long, and the City should remove it and revert to the state 14-day notice. He said there were concerns about the just cause non-renewal and requiring a curing period before the non-renewal can be issued. City Staff clarified that there is no curing period for just cause non-renewals. He explained that this means that if the tenant violates their lease, and they get a notice of a just cause non- renewal, they cannot fix the violation and then stay in the property. He said that property owners also stated that just cause non-renewals can make it more difficult to remove a disruptive tenant. Mayor/President Graves asked Mr. Anderson to further explain what the property owners want. He explained that if a tenant had a dog at the property and the dog was a lease violation, and the tenant was just cause non-renewed, they cannot get rid of the dog and expect to stay in the property and there was concern with the property owners that they did not want any curing in that policy, like there is for the 30-day Pre-Eviction notice. Mayor/President Graves asked if the property owners were asking if curing is part of that policy or not. Mr. Anderson said there were concerns from the property owners that curing was part of that policy, but it is not, as they do not want curing in that policy. Mr. Anderson noted that there were a lot of questions from Commissioners about the state's and the City's tenant protections. He said the Staff addressed many of those questions pertaining to the sale of a property, protections, clarification on the 30-day pre-eviction notice, clarification on just cause non-renewal protection, and general tenants' rights questions. Mr. Anderson said some general feedback received from the Housing Commission was that they support the City's current tenant protections and did not recommend any changes. There was also support for continuing to give a 30-day pre-eviction notice so that tenants can apply for rent assistance or find other housing, and provide protection for vulnerable individuals. He noted that there were also questions about rent increases and whether the City had protections regarding rent increases, and the City does not. There was agreement that the City should create a poster with various contact information for maintenance issues, and any other issues, and require it to be posted. Mr. Anderson summarized that the tenants, housing advocates, and the Housing Commission were in favor of keeping the current tenant protections with no changes. Property Owners are in favor of removing the current tenant protection ordinances, aligning with the state's tenant protections, and this was similar to the feedback received in previous engagement efforts. He noted that there are options to reduce or increase tenant protections. Councilmember/Commission Lawrence-Anderson said that just cause non-renewal was something she did not support, and stated in her opinion, if the landlord has a bad tenant, they should not have to renew the lease and should not have to give the tenant a reason. Councilmember/Commissioner Jerzak said he wants this repealed and wants to go to the state's tenant protections that are ample, and this policy is overreach and created adversarial relationships. He said he does not understand why an eviction should be put on anyone's record, which makes it impossible for some people to qualify for other programs when the landlord could quietly negotiate Page 32 of 114 11/24/25 -9- DRAFT a non-renewal and protect their property. He said the City should not have carve-outs and just follow the state's tenant protection guidelines. Councilmember/Commissioner Lawrence-Anderson asked if Mr. Anderson could email her the state statute regarding tenant protections. Mr. Anderson said he would include a brochure that summarizes it pretty well. Mayor/President Graves asked if the state had put in any just cause non-renewal stipulations. Mr. Anderson said there is not, and the state statute changes the 30-day pre-eviction notice timeline to 14 days. Mayor/President Graves remembers the discussion regarding the 30-day pre-eviction notices and the 14 days, and there were a few Councilmembers/Commissioners who were in disagreement over the timeline, with the 14 days being the Staff recommendation. She said she tried to suggest 21 days, but there was no consensus, and ended up voting for 30 days, and there were some compelling arguments about eviction notices. She said she does not think that the City's policy should be repealed, and she is glad that the state put protections in place, and there are pre-eviction notices. She continued that the just cause non-renewal requires a landlord to have a valid, legal reason not to renew a lease and is a good addition to the City's policy. She said if the landlord decides not to renew and the tenant has not done anything wrong, the landlord can still end the lease, but may be required to pay the tenant's relocation assistance. She named several lease violations that would be considered fault reasons under just cause, and she sees it as an important protection for tenants against arbitrary evictions. Mayor/President Graves said she did a quick search for the current rate of evictions in Hennepin County, and the Metro area is at four percent. She noted that before 2020, the eviction numbers were at 6,000 per year, and are now at 24,000 per year, so evictions in the Metro area have increased. She said she would not be interested in repealing altogether but would be interested in reducing the 30-day pre-eviction notice from 30 days down to 21 days, as that seems like a more balanced approach. Councilmember/Commissioner Moore said she is in favor of repealing the tenant protections at the state level, and by implementing the City’s policy, the City overreached and put more requirements on the landlords than they should have. She asked about the state tenant protections listed on page 73 of 194, and asked if there were more that Mr. Anderson would be willing to share. Mr. Anderson said the two pages that she has are a summary of the state-adopted tenant protections. Councilmember/Commissioner Jerzak asked about the data on page 116 of 194, which stated the eviction filings were for non-payment, lease violations, or skip abandonment. He said the just cause non-renewal or eviction is a one or the other situation, the tenant either gets evicted or does not. He said on page 117 of 194, there is more data that does not support just cause non-renewal, and the results of the eviction hearing rate of recovery is nearly 100 percent in all of the cases. He asked how many non-renewals were issued in 2022, but said he added it up and it was a very small percentage. He said that the City is not in the business of solving all complaints of society, and this creates an adversarial relationship. He noted that if a tenant cannot pay rent and damages the apartment after being told they will be non-renewed, and the landlord has to wait three months Page 33 of 114 11/24/25 -10- DRAFT before getting into court to sue over damages. He asked how many just case evictions happen in the City, and said Mr. Anderson previously said that the City does not like to get involved in any of that, so it does not enact feel-good legislation. He said he would look forward to a repeal of the just cause non-renewal and look to follow the state statutes instead. ADJOURNMENT Mayor/President Graves moved, and Councilmember/Commissioner Kragness seconded the adjournment of the City Council/Economic Development Authority Work Session at 8:53 p.m. Councilmember/Commissioner Moore asked if Mr. Anderson needed any further clarification. Mayor/President Graves said she is doing her job by presiding over the meeting, and said that the Staff is going to come back with more information based on this discussion, and the Council can vote on whatever is presented. Councilmember/Commissioner Moore said that they should give Mr. Anderson the respect of feedback on the agenda item. Mayor/President Graves said she is running the meeting just fine, and asked Mr. Anderson if he had everything he needed, and apologized if he felt she cut off his presentation. Mr. Anderson said he has enough direction to move forward. Dr. Edwards said City Staff would come back with modifications to the Council and pros and cons of repealing, and doing some comparison between the City’s ordinances and the state statutes. Motion passed unanimously. Page 34 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: THROUGH: BY: Kat Ellgren, Deputy City Clerk SUBJECT: Approval of Licenses Requested Council Action: - Motion to approve the licenses as presented. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances unless comments are noted below the property address on the attached rental report. Gasoline Licenses Brooklyn BP 6044 Brooklyn Blvd Christy's Auto Service 5300 Dupont Ave N Holiday Station store #292 420 66th Ave N Kabalan Co. dba Pump N Munch 1505 69th Ave N Liquor Licenses The 50's Grill On-Sale 3.2% and On-Sale Wine 5524 Brooklyn Blvd Captain Crab On-Sale Intoxication and On-Sale Sunday 1350 Suite A Shingle Creek Crossing Dos Hermanos II On-Sale Intoxication and On-Sale Sunday 1400 Shingle Creek Crossing Hiep Sing On-Sale Intoxication and On-Sale Sunday 6201 Brooklyn Blvd Jambo Africa On-Sale Intoxication and On-Sale Sunday 1601 Freeway Blvd Oga Madam On-Sale Intoxication and On-Sale Sunday Page 35 of 114 6000 Shingle Creek Pkwy Palm Grove Event Center On-Sale Intoxication and On-Sale Sunday 2590 Freeway Blvd, Suite 2 Mechanical Falcon Mechanical 190 3rd St S, Dassel 55325 Johnson Heating and Cooling LLC 28519 149th St NW, Zimmerman 55398 Tobacco Licenses Cub Foods 3245 Co Rd No Holiday Station store #292 420 66th Ave N Holiday Station store #2099 Commissary 6890 Shingle Creek Pkwy Jambo Africa 1601 Freeway Blvd Kabalan Co. dba Pump N Munch 1505 69th Ave N Royalty & Sons Tobacco 6044 Brooklyn Blvd Walgreens 6390 Brooklyn Blvd Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. For Council Approval 12.8.25 FOR COUNCIL 11.11 to 11.25 2. Rental Criteria Page 36 of 114 Location Address License Subtype Renewal/Initial Owner Property Code Violations License Type Police CFS* Final License Type** Previous License Type*** Consecutive Type IV's 3401 47th Ave N Multiple Family 7 Bldgs 88 Units Initial Residents at Ryan Lake, LLC 82 = 0.93 per unit Type II N/A Type II N/A N/A 3806 72nd Ave N Single Initial Brett Christopher Hulett 2 Type I N/A Type II N/A N/A 3305 53rd Ave N Multiple Family 12 Bldgs 310 Units Renewal Lake Point Apartments Llc 279 = 0.96 per unit Type II 0 Type II Type III N/A 4450 58th Ave N Multiple Family 1 Bldg 11 Units Renewal Park Place Off Broadway 16 = 1.45 per unit Type II 0 Type II Type II N/A 6740 Grimes Pl Multiple Family 8 Bldgs 48 Units Renewal Victoria Townhouses 1 82 = 1.71 per unit Type III 0 Type III Type IV N/A 1316 68th La Single Renewal Valerie McKissack 3 Type II 0 Type II Type I N/A 1323 67th La N Single Renewal 786 Homes-f23 Llc 3 Type II 0 Type II Type II N/A 1519 Humboldt Pl N Single Renewal Johnson Organization Inc 1 Type I 0 Type I Type II N/A 3512 72nd Ave N Single Renewal Cosco Property I Llc 4 Type II 0 Type II Type I N/A 5410 France Ave N Single Renewal SFR BORROWER 2022-1 LLC 0 Type I 0 Type IV Type IV 5 5640 Fremont Ave N Single Renewal Cel Monton Llc 2 Type I 0 Type I Type II N/A 6343 Dupont Ave N Single Renewal We Are Superior Contracts 1 Type I 0 Type I Type I N/A 6915 Logan Ave N Single Renewal ATV LLC 5 Type II 0 Type II Type II N/A 7212 Lee Ave N Single Renewal Q K Fang & S Xu & H Xu 14 Type IV 0 Type IV Type II 0 Rental Licenses For Council Approval 12.8.25 *CFS = Calls for service for renewal licenses only (Initial licenses are not applicable to CFS and will be listed as N/A) **License type being issued ***Initial licenses will not show a previous Type I = 3 year, Type II = 2 year, Type III = 1 year, Type IV = 6 months All properties are current on City utilities and taxes Page 37 of 114 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 Page 38 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: Shannon Pettit, City Clerk THROUGH: BY: Shannon Pettit, City Clerk SUBJECT: Resolution Designating Polling Places for the 2026 Elections Requested Council Action: - Motion to approve the Resolution Designating Polling Places for the 2026 Elections Background: In 2017, legislation was passed that added a requirement for cities to designate polling places annually by December 31 for elections to be held in the following year. Even if a city does not have a scheduled election for the following year, a resolution or ordinance must be passed to cover any special elections that may occur the following year. A resolution has been drafted and is attached for Council consideration. An excerpt from Minnesota Statutes 204B.16 has been attached for your reference. In 2026, the following polling locations are proposed to be moved: Northport Elementary School, 5421 Brooklyn Blvd, to Girl Scouts River Valleys Service Center, 5601 Brooklyn Blvd Heritage Center of Brooklyn Center, 6155 Earle Brown Drive, to Brooklyn Center High School, 6500 N Humboldt Ave Due to upcoming changes within the Robbinsdale School District, we were asked to potentially move our polling location. We were also approached by the Brooklyn Center Superintendent and others within the community with the request to relocate to the High School for access purposes. After consideration, discussion, and site visits, we chose to relocate the above mentioned poll sites. Tonight, we ask that Council approve the resolution designating polling places for the 2026 elections. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Page 39 of 114 Strategic Priorities and Values: ATTACHMENTS: 1. Excerpt_from_204b.16 2. Annual_Designating_Precincts Page 40 of 114 Excerpt from Minnesota State Statute 204B.16 Page 41 of 114 Member _______ introduced the following resolution and moved its adoption: RESOLUTION NO. _______ RESOLUTION DESIGNATING POLLING PLACES FOR THE CITY OF BROOKLYN CENTER FOR 2026 ELECTIONS WHEREAS, the City of Brooklyn Center is currently constituted into six election precincts; and WHEREAS, Minnesota Statutes, Section 204B.16, Subd. 1, requires that by December 31 of each year, the governing body of a municipality must designate a polling place for each election precinct for the upcoming year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the polling places meet the statutory requirements and are hereby designated for 2026 elections as follows: Precinct 1 – Brooklyn Center High School, 6500 N Humboldt Ave Precinct 2 – Brooklyn Center High School, 6500 N Humboldt Ave Precinct 3 – Evergreen Park Elementary School, 7020 Dupont Avenue North Precinct 4 – Brooklyn Center Community Center, 6301 Shingle Creek Parkway Precinct 5 – Brooklyn Center Community Center, 6301 Shingle Creek Parkway Precinct 6 – Girl Scouts River Valleys Service Center, 5601 Brooklyn Blvd December 8, 2025 ____ _________________________ 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. Page 42 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: Garett Flesland, Chief of Police THROUGH: Reggie Edwards, City Manager BY: Garett Flesland, Chief of Police SUBJECT: Amendment to Cooperative Agreement regarding Joint Community Police Partnership (JCPP) Requested Council Action: - Motion to approve a Resolution amending the Cooperative Agreement between Hennepin County and the City of Brooklyn Center. Background: The City participates in Hennepin County’s Joint Community Police Partnership (JCPP) through Cooperative Agreement A2412159, which supports community engagement and relationship-building efforts between law enforcement and the City’s culturally diverse residents. These cooperative efforts include community dialogues, culturally specific events, training, and outreach. The current Agreement covers the period from 1/1/2024 through 12/31/2026. Hennepin County has recently issued Amendment No. 2 to add 2026 funding information, setting the City’s not-to-exceed payment at $50,120 for 2026 for 30% of the salary and benefits of a Hennepin County Senior Administrative Assistant assigned to the JCPP. This amendment follows prior amendments that established the 2024 and 2025 funding levels. Budget Issues: In 2026 the City will pay $50,120 (per Amendment No. 2). This amount has already been factored into existing 2026 budget preparation documents and proposals from the Police Department’s operating budget. Inclusive Community Engagement: N/A Antiracist/Equity Policy Effect: N/A Strategic Priorities and Values: Page 43 of 114 ATTACHMENTS: 1. DRAFT resolution for JCPP amendment 2 2. BC JCPP A2412159 NTE amend 2 clean 12-2-25 3. JCPP 2024 through 2026 4. JCPP Amendment 1 effective 20250101 Page 44 of 114 Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2025- RESOLUTION APPROVING AMENDMENT NO. 2 TO THE COOPERATIVE AGREEMENT (A2412159) WITH HENNEPIN COUNTY FOR THE JOINT COMMUNITY POLICE PARTNERSHIP (JCPP) AND AUTHORIZING EXECUTION WHEREAS, the City of Brooklyn Center (“City”) and Hennepin County (“County”) entered into Cooperative Agreement No. A2412159 for participation in the Joint Community Police Partnership (JCPP); and WHEREAS, the County has provided Amendment No. 2 to establish the City’s not-to- exceed funding amount for calendar year 2026 for 30% of the salary and benefits of a Hennepin County Senior Administrative Assistant assigned to the JCPP in the amount of $50,120; and WHEREAS, the total value of the agreement with this amendment exceeds the City’s threshold requiring Council approval; and WHEREAS, continuation of the JCPP program strengthens communication and trust between law enforcement and Brooklyn Center’s culturally diverse communities, supports proactive engagement, and enhances collaborative public safety efforts. NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Approval. Amendment No. 2 to Cooperative Agreement A2412159 between Hennepin County and the City of Brooklyn Center is hereby approved in substantially the form presented to the Council. 2. Authorization. The City Manager and Chief of Police are authorized to execute Amendment No. 2 and any related documents necessary to implement the agreement and the JCPP program. 3. Effective Date. This action shall take effect immediately upon adoption. Date Mayor ATTEST: Assistant City Manager/City Clerk Page 45 of 114 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. Page 46 of 114 Hennepin County #A2412159 1 AMENDMENT #2 TO COOPERATIVE AGREEMENT FOR JOINT COMMUNITY POLICE PARTNERSHIP This agreement (“Agreement”) is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Hennepin County Human Services Department (“HSPHD”), and City of Brooklyn Center (“CITY”) on behalf of its Police Department (“PD”), 6645 Humboldt Avenue North, Minnesota 55430. The parties to this Agreement may also be referred to individually as “Party” or collectively as “Parties”. IT IS HEREBY AGREED that Agreement No. A2412159 between the above-named parties, including prior amendments if any, is hereby amended in accordance with the provisions set forth below. 1. Clause 3, FUNDING/PAYMENT, paragraph A., shall be amended to read: 3. FUNDING/PAYMENT A. PD will provide funding, via its approved budget, for 30% of the salary and benefits of a HSPHD Senior Administrative Assistant FTE not to exceed $39,465.00 for 2024. PD will provide funding, via its approved budget, for 30% of the salary and benefits of a HSPHD Senior Administrative Assistant FTE not to exceed $46,858.00 for 2025. PD will provide funding, via its approved budget, for 30% of the salary and benefits of a HSPHD Senior Administrative Assistant FTE not to exceed $50,120.00 for 2026. 2. This Amendment shall be effective January 1, 2026. 3. Except as herein amended, the terms, conditions and provisions of said Agreement No. A2412159, including prior amendments or ministerial adjustments if any, shall remain in full force and effect. (The remainder of this page intentionally left blank.) Page 47 of 114 Hennepin County #A2412159 2 HENNEPIN COUNTY ADMINISTRATOR APPROVAL COOPERATIVE AGREEMENT The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the STATE OF MINNESOTA County Attorney’s Office By: County Administrator Date: Date: Reviewed by Reviewed by By: ______________________________ By: ______________________________ County Administration Clerk Deputy County Administrator Date: _____________________________ Date: _____________________________ CITY OF BROOKLYN CENTER By: ___________________________________ Title: _________________________________ Date: __________________________________ By: ___________________________________ Title: __________________________________ Date: __________________________________ Page 48 of 114 1 HC# A2412159 COOPERATIVE AGREEMENT FOR JOINT COMMUNITY POLICE PARTNERSHIP This agreement (“Agreement”) is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Hennepin County Human Services Department (“HSPHD”), and City of Brooklyn Center (“CITY”) on behalf of its Police Department (“PD”), 6645 Humboldt Avenue North, Brooklyn Center, Minnesota 55430. The parties to this Agreement may also be referred to individually as “Party” or collectively as “Parties”. The Parties agree as follows: 1. TERM OF THE AGREEMENT The term of the Agreement shall be from January 1, 2024, through December 31, 2026, unless terminated earlier in accordance with the provisions herein. 2. PROJECT/PROGRAM DEFINITION, PURPOSE A. The Joint Community Police Partnership (“JCPP”) is a collaborative effort of the cities of Richfield, Hopkins, Bloomington, Brooklyn Park, Brooklyn Center, Edina, Crystal, New Hope, Robbinsdale and Hennepin County. The mission of the JCPP is to enhance communication and understanding between law enforcement and multicultural residents of these cities. The JCPP includes training of officers regarding diverse cultures, community engagement, and community outreach by community liaisons embedded in the police department. The goal of the JCPP is to alleviate conflict in culturally diverse communities by working directly with community members and law enforcement. B. As part of its collaboration with JCPP, PD will provide police community outreach. PD will participate in outreach activities including community dialogues, culturally specific community events, New American Academies and Youth/Teen Academies. 3. FUNDING/PAYMENT A. PD will provide funding, via its approved budget, for 30% of the salary and benefits of an HSPHD Senior Administrative Assistant FTE not to exceed $39,465.00 for 2024. Future amounts to be determined at a later date and subject to the agreement of COUNTY and CITY. B. The Senior Administrative Assistant will be hired, employed, and equipped by HSPHD and participate in supervision and training by HSPHD in accordance with local, state and federal regulations. C. HSPHD shall, within thirty (30) calendar days following the last day of each quarter, submit an invoice to PD for 30% of the cost of one position assigned to the program. D. PD will make payment within thirty-five (35) days from receipt of the invoice. If the invoice is incorrect, defective, or otherwise improper, PD will notify HSPHD within ten (10) days of Page 49 of 114 2 HC# A2412159 receiving the incorrect invoice. Upon receiving the corrected invoice from HSPHD, PD will make payment within thirty-five (35) days. 4. DUTIES OF HSPHD Senior Administrative Assistant will: A. Meet regularly with police personnel to address community concerns. B. Organize community forums and workshops. C. Develop and organize community engagement initiatives. D. Organize and facilitate training for police and community. E. Facilitate the Multicultural Advisory Committee (“MAC”). 5. DUTIES OF PD PD shall provide HSPHD with workspace including, work surfaces, desk chairs, guest chairs, access to conference rooms, interview rooms, lavatories, and break room facilities, telephone, fax service, and use of copy machine. 6. LIABILITY/INDEMNIFICATION/DUTY TO NOTIFY A. Each Party shall be liable for its own acts and the results thereof to the extent provided by law, and shall defend, indemnify, and hold harmless the other Party (including their present and former officials, officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the indemnifying Party, anyone directly or indirectly employed by it and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Each Party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. B. Under no circumstances shall a Party be required to pay on behalf of itself and the other Party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for the Parties may not be added together to determine the maximum amount of liability for any Party. C. Duty to Notify: Each Party shall promptly notify the other Party of any claim, action, cause of action or litigation brought against the notifying Party, its present and former officials, officers, agents, employees, volunteers, and subcontractors which arises out of the services described in this Agreement and shall also notify the other Party whenever there is a reasonable basis for believing that the notifying Party, its present and former officials, officers, agents, employees, volunteers or subcontractors, or the other Party, might become the subject of a claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of/or related to the services described in this Agreement. Page 50 of 114 3 HC# A2412159 7. INSURANCE Each Party warrants that it has a purchased insurance or a self-insurance program sufficient to meet its liability obligations and, at a minimum, to meet the maximum liability limits of Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver of any immunity from liability under Chapter 466 or any other applicable law. 8. WORKERS’ COMPENSATION Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or self-insurance coverage, covering its own personnel while they are performing activities pursuant to this Agreement. Each Party waives the right to sue any other Party for any workers’ compensation benefits paid to its own employees or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. 9. INDEPENDENT PARTY A. It is understood that the relationship between the Parties constitutes only the understandings set forth in this Agreement. B. It is further agreed that, notwithstanding any other formal, written agreements or contracts which may exist between COUNTY and CITY/PD, nothing is intended or should be construed as creating or establishing the relationship of a partnership or joint venture between the Parties or as constituting CITY/PD as the agent, representative, or employee of COUNTY for any purpose. CITY/PD is and shall remain an independent contractor with respect to all services performed under this Agreement. CITY/PD’s personnel and/or subcontractors engaged to perform any work or services required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of CITY/PD’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of applicable law, against CITY/PD’s, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 10. NONDISCRIMINATION Each Party agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class, including but not limited to race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance Page 51 of 114 4 HC# A2412159 status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. 11. NO THIRD PARTY Except as herein specifically provided, no other person, customer, employee, or invitee of COUNTY, CITY, or PD or any other third party shall be deemed to be a third-party beneficiary of any of the provisions herein. 12. DATA PRIVACY Each Party and their respective officers, agents, owners, partners, employees, volunteers and subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy, confidentiality, disclosure of medical records or other health and enrollment information, and as any of the same may be amended. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. PROGRAM STATISTICAL INFORMATION Each Party agrees to maintain such statistical records relating to services as shall be necessary, appropriate, and convenient for the proper administration of this Agreement. 14. MERGER, MODIFICATION, AND SEVERABILITY A. The entire Agreement is contained herein and supersedes all oral agreements and negotiations between the Parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, or modifications of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties. Except as expressly provided, the substantive legal terms contained in the Agreement including but not limited to Liability / Indemnification / Duty to Notify; Insurance; Workers’ Compensation; Merger, Modification and Severability; Cancellation or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. D. The Parties are each bound by their own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other Party. Page 52 of 114 5 HC# A2412159 15. CANCELLATION A. This Agreement may be canceled with or without cause by either Party upon thirty (30) days written notice. B. If HSPHD has reason to believe that the safety or well-being of Senior Administrative Assistant may be endangered by actions of PD, its agents, and/or employees, HSPHD may terminate the Agreement immediately. 16. NOTICES Any notice or demand which must be given or made by a Party hereto under the terms of this Agreement or any statute, rule, regulation or ordinance shall be in writing, and shall be sent via registered or certified mail. Notice to HSPHD shall be sent to COUNTY Administration at the address listed in the opening paragraph of this Agreement, with a copy to HSPHD as described below. Notice to CITY/PD shall be sent to one of the following addresses: PD Dr. Reginald Edwards City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Tony Gruenig Acting Chief of Police Brooklyn Center Police Department 6645 Humboldt Avenue North Brooklyn Center, Minnesota 55430 HSPHD Nathan Howard Professional Services Supervisor Hennepin County 6125 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 17. MARKETING AND PROMOTIONAL LITERATURE CITY/PD shall notify COUNTY prior to publication, release, or occurrence of any Outreach (as defined below). The Parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through its Public Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term "Outreach" shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities, and/or other forms of outreach created by, or on behalf of CITY/PD (i) that reference or otherwise use the term "Hennepin County" or any derivative thereof; or (ii) that directly or indirectly relate to, reference, or concern the County of Hennepin, this Agreement, the services performed hereunder, or COUNTY personnel, including but not Page 53 of 114 6 HC# A2412159 limited to COUNTY employees and elected officials. 18. MINNESOTA LAWS GOVERN The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. 19. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: LIABILITY/INDEMNIFICATION/DUTY TO NOTIFY; INSURANCE; WORKERS’ COMPENSATION; INDEPENDENT PARTIES; DATA PRIVACY; MERGER, MODIFICATION, AND SEVERABILITY; MARKETING AND PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. (The remainder of this page intentionally left blank.) Page 54 of 114 7 HC# A2412159 HENNEPIN COUNTY ADMINISTRATOR APPROVAL COOPERATIVE AGREEMENT The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the STATE OF MINNESOTA County Attorney’s Office By: County Administrator Date: Date: Reviewed by Reviewed by By: ______________________________ By: ______________________________ County Administration Clerk Deputy County Administrator Date: _____________________________ Date: _____________________________ CITY OF BROOKLYN CENTER: By: ____________________________________ Title: __________________________________ Date: __________________________________ By: ____________________________________ Title: __________________________________ Date: __________________________________ Tony Gruenig (Mar 28, 2024 09:57 CDT) Acting Chief of Police Mar 28, 2024 Dr. Reggie Edwards (May 7, 2024 16:28 CDT) City Manger May 7, 2024 May 7, 2024 May 7, 2024May 8, 2024 May 8, 2024 Page 55 of 114 Page 56 of 114 Oct 24, 2024 Oct 24, 2024Oct 25, 2024 Oct 29, 2024 Page 57 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: Elizabeth Heyman, Director of Public Works THROUGH: BY: Elizabeth Heyman, Director of Public Works SUBJECT: Resolution Approving the Contract for International Union of Operating Engineers (IUOE) Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar years 2026-2028 Requested Council Action: - Motion to approve a resolution approving the Contract for International Union of Operating Engineers (IUOE) Local 49 (Public Works Maintenance) and the City of Brooklyn Center for Calendar years 2026-2028 Background: The current contract with IUOE Local 49 (Public Works Maintenance) expires on December 31, 2025. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. Upon adoption by the City Council the wages and working conditions established in the attached contract will be adopted for the calendar years 2026-2028. Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 2026-2028 Local 49 Agreement_FINAL Page 58 of 114 Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 January 1, 2026 - December 31, 2028 Page 59 of 114 TABLE OF CONTENTS ARTICLE 1 Purpose of Agreement 2 Recognition 3 Definitions 4 Savings Clause 5 Union Security 6 Employer Security 7 Employer Authority 8 Seniority 9 Discipline 10 Employee Rights - Grievance Procedure 11 Job Posting 12 Probationary Periods 13 Right of Subcontract 14 Safety 15 Work Schedules 16 Relief and Meal Periods 17 Special Clothing 18 Overtime Pay 19 Call Back 20 Standby Pay 21 Holiday Leave 22 Vacation Leave 23 Sick Leave 24 Severance Pay 25 Insurance 26 Seasonal/Temporary Employees 27 Part-time Employee Benefits 28 Wage Schedule-Incentive Based System 29 Working Out of Classification Pay 30 Legal Defense 31 Waiver 32 Injury on Duty 33 Local 49 Central Pension Fund 34 Post Employment Health Care Savings Plan (PEHCSP) 35 Duration Page 60 of 114 3 ARTICLE 1 - Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. 1.1 Purpose a. Establish certain hours, wages and other conditions of employment; b. Establish procedures for the resolution of disputes concerning this Agreement’s interpretation and/or application; c. Specify the full and complete understanding of the parties; and d. Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 - Recognition The Employer recognizes the Union as the exclusive representative for all Employees in the job classifications listed below who are public Employees within the meaning of Minnesota Statute 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Mechanic, Maintenance I, Maintenance II, Maintenance III, and Night Service Person. ARTICLE 3 - Definitions 3.1 Union: The International Union of Operating Engineers, Local No. 49. 3.2 Employer: The individual municipality designated by this Agreement. 3.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Base Pay Rate: The Employee’s hourly pay rate exclusive of longevity or any other special allowance. 3.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2 - Recognition. Employees who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the Employer for other benefits under this Agreement. 3.7 Severance Pay: Payment made to an Employee upon honorable termination of employment. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 Call Back: Return of an Employee to a specified work site to perform assigned duties at the Page 61 of 114 4 express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 4.0 Snow and Ice Event: Any period during which precipitation in the form of snow, sleet, or freezing rain accumulates in such a way to require the activation of the City’s snow and ice control operations. ARTICLE 4 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this 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 provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 5 - Union Security In recognition of the Union as the exclusive representative the Employer shall: 5.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all Employees authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the Union. 5.3 The Union may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 6 - Employer Security The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. ARTICLE 7 - Employer Authority 7.1 The Employer retains the full and unrestricted right to operate and manage all workforce, 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 establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 7.2 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 8 - Seniority 8.1 Seniority will be the determining criterion for transfers, promotions and layoffs only when all Page 62 of 114 5 job-relevant qualification factors are equal. 8.2 In the event of a lay-off the Employer will lay-off on the basis of seniority across all three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. 8.3 Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled Employees shall have ten (10) working days after notification of recall by registered mail at the Employee’s last known address to report to work or forfeit all recall rights. Recall rights will be based on seniority across the three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. ARTICLE 9 - Discipline 9.1 The Employer will discipline Employees only for just cause. 9.2 An Employee(s) will not be required to participate in an investigatory interview by the Employer where the information gained from the interview could lead to the discipline of the Employee(s) unless the Employee(s) is given the opportunity to have a Union Representative present at the interview to act as a witness for the Employee(s). ARTICLE 10 - Employee Rights-Grievance Procedure 10.1 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. 10.2 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. 10.3 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 accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the 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 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. \10.4 Procedure Grievances, as defined by Section 10.1, shall be resolved in conformance with the following procedure: Page 63 of 114 6 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, and 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 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. 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 in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the Union within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Public Employment Relations Board. If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 10.5 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 Page 64 of 114 7 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 the 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 expenses 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. 10.6 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 Agreement of the Employer and the Union. 10.7 Choice of Remedy If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Section 10.4 the grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4. The aggrieved Employee shall indicate in writing which procedure is to be utilized--Step 5 of Section 10.4 or another appeal procedure--and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Section 10.4. ARTICLE 11 - Job Posting 11.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfers from within provided that applicants have the necessary qualifications to meet the standards of the job vacancy, have the ability to perform the duties and responsibilities of the job vacancy. Page 65 of 114 8 11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12- Probationary Periods. 11.3 The Employer has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 12 - Probationary Periods 12.1 All newly hired or rehired Employees will serve a twelve (12) months’ probationary period. 12.2 All Employees will serve a twelve (12) months’ probationary period in any job classification in which the Employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired Employee may be terminated at the sole discretion of the Employer. 12.4 At any time during the probationary period a promoted or reassigned Employee may be demoted or reassigned to the Employee's previous position at the sole discretion of the Employer. ARTICLE 13 - Right of Subcontract Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by Employees covered by this Agreement. ARTICLE 14 - Safety The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 15 - Work Schedules 15.1 The sole authority of work schedules is the Employer. The normal work day for an Employee shall be eight (8) hours. The normal workweek shall be forty (40) hours Monday through Friday. 15.2 After the experience of the COVID-19 Pandemic, the employer implemented a 7.5 hour workday with a 30-minute paid break to support employee health, flexibility and well-being. This schedule has continued successfully and remains a benefit to employees as well as the employer. The parties agree to maintain this arrangement under the new 2026 Work Breaks and Rest period laws. 15.3 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00am - 3:30pm day. The Employer will give seven (7) days advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day. 15.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be Page 66 of 114 9 scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the Employee from so working. 15.5 Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. 15.6 As an incentive for working outside of the normal work hours during snow and ice events, Employer will pay a $500 annual winter operations stipend to all Employees who work 90% of all snow and ice events during a winter season. In instances when Employees have pre-approved vacation time before the Streets and Parks Supervisor begins staffing plans for a snow and ice event, the event will not count towards the total number of snow events for those employees when calculating eligibility for the winter operations stipend. Stipends will only be paid if there are ten or more snow and ice control events during a winter season. The stipend will be paid out to eligible employees after May 30th of each year. ARTICLE 16 - Relief Periods 16.1 One relief period not to exceed thirty minutes is authorized at a practicable time within each Employee’s shift. ARTICLE 17 – Special Clothing 17.1 To encourage a uniform appearance Employer shall provide all Employees with uniforms. Each Employee will be provided up to 11 pants and either 11 short and long-sleeved shirts per week from a rental service. Alternatively, the Employer will provide Employees with a reasonable amount of shirts, sweatshirts, safety jackets, and safety wear at no cost to the employee. Employees must wear clean uniforms in good repair. 17.2 The Employer will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by Employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the Employer. 17.3 Employees will be reimbursed up to $300 per year to pay for safety footwear and outer wear clothing. Safety footwear will include certified steel-toe safety shoes or boots including insoles. Outerwear will include insulated jackets and/or insulated bib overalls or insulated gloves or hats/facemasks. Reimbursement will occur on or about January 31 and June 30. ARTICLE 18 - Overtime Pay 18.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the Employee's regular base pay rate. For the purposes of this section, “hours worked” shall include hours designated as holiday, sick or vacation time off. 18.2 Overtime will be distributed as equally as practicable. Page 67 of 114 10 18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered as unpaid overtime worked. 18.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 18.5 Employees will be paid in accord with Article 21 for work on holidays. 18.6 As an option to monetary compensation for overtime, an Employee may elect compensatory time off at a rate of one and one-half (1½) the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. Maximum compensatory time accumulated shall not exceed forty (40) hours at any time. However, if an employee uses some hours they will be allowed to accrue back to the 40 hour maximum. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. 18.7 Employees leaving the service of the Employer shall be compensated for all comp time hours accrued as of the date of separation. ARTICLE 19 - Call Back An Employee called in for work or responding to a phone/text to discuss work related activities or handle work related issues over the phone or on a computer/tablet at a time other than the Employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee’s base pay rate. ARTICLE 20 - Standby Pay Public Works Employees who are designated by their supervisor to serve in a “standby” status on behalf of the City on a weekend will receive as compensation for such service six (6) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Works Employees who are designated by their supervisors to serve in a “standby” status on behalf of the City on a weeknight (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service 1.5 hours of overtime pay for each week night served in such status. Public Works Employees who are designated by their supervisors to serve in a “standby” status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the Employee is entitled to under this Agreement. ARTICLE 21 - Holiday Leave 21. 1 Holidays Defined. Holiday leave shall be granted for the following holidays: New Year’s Day, January 1; Martin Luther King, Jr. Day, third Monday in January; Washington’s and Lincoln’s Birthdays, third Monday in February; Memorial Day, last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post-Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the Page 68 of 114 11 Employee’s supervisor. 21.2 When New Year’s Day, Independence Day, Veteran’s Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees’ absence from work on the day following or the day preceding such a three-day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. 21.3 Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one-half for the hours worked in addition to the base pay rate, except that such Employees who are required to be on duty on New Year’s Day, Thanksgiving Day, or Christmas Day, shall be paid twice the employee’s regular pay for the hours worked in addition to the base pay rate. 21.4 For employees who are called back to work, or employees who are on stand-by duty, after completing their assigned shift on Christmas Eve and/or New Years Eve, will be paid twice the employee’s pay for the additional hours worked. 21.5 If Christmas Eve and/or New Years Eve fall on a weekend, employees who are called in to work on these days, or employees who are on standby duty, shall by paid twice the employee’s regular pay for the hours worked in addition to the base pay rate. ARTICLE 22 - Vacation Leave 22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full-time service or major fraction thereof. Permanent Employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent Employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 22.2 Usage. Vacation leave 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. 22.3 Accrual. An Employee may accumulate no more than a maximum of 230 hours of vacation leave that can be carried over from year to year. 22.4 Termination Provisions. Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for Page 69 of 114 12 vacation leave accrued and unpaid, computed to the date of separation. ARTICLE 23 - Sick Leave 23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent Employees at the rate of eight hours for each calendar month of full-time service or major fraction thereof. 23.2 Usage. Sick leave may be used normally for absence from duty because of personal illness, injury, 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. 23.3 Accrual. Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker’s Compensation benefits shall be credited against the compensation due Employees during sick leave. 23.4 Procedure. In order to be eligible for sick leave with pay, Employees must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. 3. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave consistent with the Family Medical Leave Act. 23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and including discharge. ARTICLE 24 - Severance Pay Severance pay in the amount of one-third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Employees hired after 1/1/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized Post Employment Health Care Savings Plan (PEHSCP) if a plan is established. In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/92 and having 25 years of continuous service will be paid at 40% of their accumulated sick leave into the City authorized PEHSCP (if a plan is established). If discharged for cause, severance pay shall not be allowed. ARTICLE 25 - Insurance Page 70 of 114 13 25.1 Insurance for Full-time Employees Effective January 1, 2026, and for the duration of this agreement, the Employer will offer the best of any agreement that the Employer has for any other Employee group. 25.3 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 in participating in the City’s insurance benefits. ARTICLE 26 - Seasonal/Temporary Employees Employees employed by the Employer on a seasonal/temporary basis for no more than 180 calendar days per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be compensated as determined by the Employer for the term of this employment. Such Employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. ARTICLE 27 - Part-Time Employee Benefits Part-time Employees shall not be eligible to receive fringe benefits under this Agreement. Page 71 of 114 14 AR T I C L E 2 8 - W a g e S c h e d u l e 28 . 1 2 0 2 6 – 2 0 2 8 W a g e S t e p T a b l e – E f f e c t i v e J a n u a r y 1 , 2 0 2 6 Pa g e 7 2 o f 1 1 4 15 Pa g e 7 3 o f 1 1 4 16 28.2 Crew Leader: An Employee assigned in writing by the Department Head or Public Works Supervisor to assist a supervisor as crew leader will be paid Crew Leader rate of their respective Maintenance II regular position while performing such duties. 28.3 Incentive Based Pay Program Allocating Training Budgets The following process describes how training budgets will be allocated amongst Employees: • In June every year (i.e. the beginning of budget season), management will put out a call to see if Employees have interest in taking trainings in the next year. o If there is a large amount of interest, management will try to get increased funding to cover the trainings. ▪ If management are not successful in fully funding the ask for training, the budget received would be expended based on seniority to Employees who are in good standing (i.e. not on a performance improvement plan) o If we receive no feedback from staff, the City will hold the training budget the same. • If no Employees requests training in June, all funding for the next year will be available on a first come first serve basis. Streets and Parks Maintenance Training and Certification pay Employees who earn and maintain specialized training and or certification relevant to Employee's work duties will be able to achieve up to three steps beyond the base pay rate. Each step beyond the base will be paid an additional $0.50 per hour for a maximum pay of $2.00 over base rate. Requirements are laid out in the 2026-2028 Training and Certification Wage Step Table. Below are the steps available to achieve once Maintenance II has been reached: Maintenance IIA Maintenance IIB Maintenance IIC Maintenance IID Please refer to the approved certification list for all training and certification opportunities. One stand- alone certification is equal to three trainings. Incentive pay will be capped at $2.00 for streets and parks employees and all trainings and/or certifications must be from the attached training list or must be approved in writing by the employee’s supervisor and the Public Works Director. Utilities Certification pay Page 74 of 114 17 Employees who earn and maintain specialized training and or certification relevant to Employee's work duties will be able to achieve up to four steps beyond the base pay rate. Each step beyond the base will be paid an additional $0.50 per hour for a maximum pay of $2.00 over base rate. Requirements are laid out in the 2026- 2028 Training and Certification Wage Step Table. Below are the steps available to achieve once Utilities Maintenance II has been reached: Utilities IIA Utilities IIB Utilities IIC Utilities IID Please refer to the approved certification list for all training and certification opportunities. One stand- alone certification is equal to three trainings. Incentive pay will be capped at $2.00 for utility employees and all trainings must be from the attached training list or must be approved in writing by the employee’s supervisor and the Public Works Director. Mechanics Certification pay Employees who earn and maintain specialized training and or certification relevant to Employee's work duties will be able to achieve up to four steps beyond the base pay rate. Each step beyond the base will be paid an additional $1.00 per hour for a maximum pay of $4.00 over base rate. Requirements are laid out in the 2026- 2028 Training and Certification Wage Step Table. Below are the steps available to achieve once Mechanic has been reached: Mechanic IIA Mechanic IIB Mechanic IIC Mechanic IID Please refer to the approved certification list for all training and certification opportunities. One stand- alone certification is equal to three trainings. Incentive pay will be capped at $4.00 for mechanic employees and all trainings must be from the attached training list or approved in writing by the employee’s supervisor and the Public Works Director. Foreman Certification pay Employees who earn and maintain specialized training and or certification relevant to Employee's work duties will be able to achieve up to four steps beyond the base pay rate. Each step beyond the base will be paid an additional $0.50 per hour for a maximum pay of $2.00 over base rate. Requirements are laid out in the 2026- 2028 Training and Certification Wage Step Table. Below are the steps available to achieve once Foreman has been reached: Foreman IIA Foreman IIB Foreman IIC Foreman IID Please refer to the certification approved list for all training and certification opportunities. One stand- alone certification is equal to three trainings. Incentive pay will be capped at $2.00 and all trainings must be from the attached training list or approved in writing by the employee’s supervisor and the Public Works Director. Mechanic Foreman Certification pay Employees who earn and maintain specialized training and or certification relevant to Employee's work duties Page 75 of 114 18 will be able to achieve up to four steps beyond the base pay rate. Each step beyond the base will be paid an additional $1.00 per hour for a maximum pay of $4.00 over base rate. Requirements are laid out in the 2026- 2028 Training and Certification Wage Step Table. Below are the steps available to achieve once Foreman has been reached: Mechanic Foreman IIA Mechanic Foreman IIB Mechanic Foreman IIC Mechanic Foreman IID Please refer to the approved certification list for all training and certification opportunities. One stand- alone certification is equal to three trainings. Incentive pay will be capped at $4.00 and all trainings must be from the attached training list or approved in writing by the employee’s supervisor and the Public Works Director. Water Treatment Operator Certification pay Employees who earn and maintain specialized training and or certification relevant to Employee's work duties will be able to achieve up to four steps beyond the base pay rate. Each step beyond the base will be paid an additional $0.50 per hour for a maximum pay of $2.00 over base rate. Requirements are laid out in the 2026-2028 Training and Certification Wage Step Table. Below are the steps available to achieve once Water Treatment Plant Operator has been reached: WTP IIA WTP IIB WTP IIC WTP IID Please refer to the certification approved list for all training and certification opportunities. One stand- alone certification is equal to three trainings. Incentive pay will be capped at $2.00 for utility employees and all trainings must be from the attached training list or approved in writing by the employee’s supervisor and the Public Works Director. Traffic Tech, Forester And Stormwater Lead Certification pay Employees who earn and maintain specialized training and or certification relevant to Employee's work duties will be able to achieve up to three steps beyond the base pay rate. Each step beyond the base will be paid an additional $0.50 per hour for a maximum pay of $2.00 over base rate. Requirements are laid out in the 2026- 2028 Training and Certification Wage Step Table. Below are the steps available to achieve once Traffic Maintenance Tech or Forester or Stormwater Lead has been reached: TFS IIA TFS IIB TFS IIC TFS IID Please refer to the certification approved list for all training and certification opportunities. One stand- alone certification is equal to three trainings. Incentive pay will be capped at $2.00 for Traffic Tech, Forester and Stormwater Lead employees and all trainings must be from the attached training list or approved in writing by the employee’s supervisor and the Public Works Director. 28.4 Local #49 Training Center The City agrees in the Local #49 Training Center Fund annually. This program comes at the cost of $0.30 Page 76 of 114 19 per hour per employee. ARTICLE 29 - Working Out of Classification Pay Employees required by the Employer and who are adjudged by the Employer to be qualified to perform the following tasks will be paid the Crew Leader rate of pay for their respective division for those hours assigned. Any out of class pay must be pre-approved by Foreman or Supervisor: Welding Confined-Space entry Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit: Blacktop Paver Bombardier or MT Trackless Sidewalk Truck (20’ reach and over) and Trail Units Or similar Boom Type Units Patch Truck Brush Chipper Tandem Axle Trucks Mower over 10' cutting width Tree Spade Paint Striper - Truck Mounted Farm Type Tractors Trucks - Single - Axle Over 26,000 GVW Skid Steer Equipment Requiring Class "A" CDL Motor Grader Aerial Bucket Sewer Jet Truck-Mounted Vactor Caterpillar #938 Front-End Loader Backhoes Caterpillar Front-End Loader Model 928 Crawler Dozer Street Sweeper/Pick-up or Vac Type Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job classification to which the Employee is assigned. ARTICLE 30 - Legal Defense 30.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of Employee judgmental decision may not receive legal defense by the municipality. 30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the Employee’s employment, when such act is performed in good faith and under direct order of the Employee’s supervisor, shall be provided with a City assigned representative to accompany the employee and shall be reimbursed for reasonable attorney’s fees and court costs actually incurred by such Employee in defending against such charge. ARTICLE 31 - Waiver 31.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Page 77 of 114 20 Agreement, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth 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 parties at the time this contract was negotiated or executed. ARTICLE 32 – Injury on Duty Employees injured while performing the official duties of their employment with the Employer and who are thereby rendered unable to work and are eligible for Workers’ Compensation shall receive their regular wages and benefits for up to sixty (60) working days after an initial three (3) day eligibility period, pending doctor’s authorization. The three (3) day eligibility will be taken from the Employee’s own accrued sick leave. While out on injury on duty, all monies received from Workers’ Compensation shall be turned over to the City of Brooklyn Center. ARTICLE 33 – Local 49 Central Pension Fund The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was determined by the Employer and the Union that it is in the best interests of the employees to reduce their wages in order to allow Union members to participate in the CPF. The parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre-tax employer contributions. The CPF is a supplemental Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). Effective January 1, 2006, a pension contribution of ninety-six cents ($0.96) per hour, will commence. The hourly contribution rate will be applied to all compensated hours. (Cap has been raised to $5,000 per year.) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The Union agrees to indemnify and hold the Employer, its Officers, Agents, and employees harmless against any claims, suits, orders or judgments, brought against the Employer as a result of any action taken or not taken by the Employer on the specific provisions of this Article. This “hold harmless” clause does not hold the Employer harmless for failing to transfer the agreed contributions to the I.U.O.E. Central Pension Fund. It is agreed that for purposes of determining future wage rates, the Employer shall first restore the amount of the wage deduction, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. It is further agreed that for purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction then apply the applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount of overtime worked. Page 78 of 114 21 The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. ARTICLE 34 – Post Employment Health Care Savings Plan (PEHCSP) The Post Employment Health Care Savings Plan (PEHCSP) 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 PEHCSP. 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. Every eligible employee in an employee group is required to participate in the PEHSCP for their group as outlined in this applicable labor agreement. 2. PEHCSP 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 PEHCSP account are not taxable income. 3. Accessing Funds a. Employees may access the funds in their PEHCSP 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 PEHCSP 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 surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the PEHCSP 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 eligible dependent. However, such reimbursements would be taxable to the recipient. 4. Eligible Expenses Reimbursed by Plan Funds in a PEHCSP account may be used to reimburse: a. Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance Page 79 of 114 22 premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. b. 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-party claims administrator will handle claims administration. 5. No Opt-out Employees and retirees in groups covered by the PEHCSP program are not permitted to opt-out of the program. Participation is mandatory. 6. Program Administration Along with the Human Resources Division, the company selected will administer the PEHCSP program. The employee controls how the money is invested similar to the section 457 deferred compensation plan. The employee receives an account statement from the company for his or her PEHCSP account. 7. Administrative Fees Please contact the vendor selected for current administrative and mutual fund fees. 8. Plan Modifications The details of the Vendor’s administration of the PEHCSP as well as other features of the plan are set forth in the PEHCSP materials as provided. These details and IRS regulations regarding the PEHCSP 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. No contribution formulas currently. 2. Severance Pay. No severance contributions currently elected. ARTICLE 35 - Duration This Agreement shall be effective as of January 1, 2026 and shall remain in full force and effect until the 31st day of December 2028. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2025. Page 80 of 114 23 FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 _____________________________________ Business Representative _____________________________________ ______________________________ Union Steward Union Steward _____________________________________ ______________________________ Union Steward Union Steward FOR THE CITY OF BROOKLYN CENTER _____________________________________ ______________________________ Mayor City Manager Page 81 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: THROUGH: BY: Shannon Pettit, City Clerk SUBJECT: 2026 City Council Meeting Schedule Requested Council Action: - Motion to approve the 2026 City Council Meeting Schedule Background: Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 2026 City Council Meeting Schedule no Budget Page 82 of 114 2026 City Council Meeting Schedule Regular City Council Meetings Brooklyn Center City Council regularly meets on the 2nd and 4th Monday of each month, unless Monday is a holiday. Study Session 6:00 p.m. Regular Session 7:00 p.m. Work Session – After regular session January 12 January 26 February 9 February 23 March 9 March 23 April 13 April 27 May 11 May 26 (Tuesday) June 8 June 22 July 13 July 27 August 10 August 24 September 14 September 28 October 12 October 26 November 9 November 23 December 14 Page 83 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: Garett Flesland, Chief of Police THROUGH: Reggie Edwards, City Manager BY: Garett Flesland, Chief of Police SUBJECT: Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Police Sergeant Stephen Pastor Requested Council Action: - Motion to approve the Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Police Sergeant Stephen Pastor Background: Sergeant Stephen Pastor is retiring from the Brooklyn Center Police Department on December 31, 2025, following a distinguished 25-year career with the city and five additional years of prior service. Throughout his tenure, Sergeant Pastor has served as a patrol officer, detective, and sergeant, and has contributed significantly through leadership of the department’s Emergency Operations Unit/SWAT team, service as a field training officer, and instructor roles in firearms and use of force. The attached resolution recognizes his dedicated public service and expresses appreciation for his lasting impact on the department and the Brooklyn Center community. Budget Issues: N/A Inclusive Community Engagement: N/A Antiracist/Equity Policy Effect: N/A Strategic Priorities and Values: ATTACHMENTS: 1. Sergeant Pastor Retirement Recognition Resolution Page 84 of 114 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2025- RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF POLICE SERGEANT STEPHEN PASTOR WHEREAS, Sergeant Stephen Pastor was hired as a police officer by the City of Brooklyn Center, on October 2, 2000; and WHEREAS, Sergeant Stephen Pastor came to the Brooklyn Center Police Department with approximately five years of service with the City of Buffalo; and WHEREAS, Sergeant Stephen Pastor’s skills and performance while serving in numerous policing capacities resulted in being promoted to the rank of police detective on September 5, 2006; and WHEREAS, Sergeant Stephen Pastor was promoted to the rank of police sergeant on July 7, 2008; and WHEREAS, Sergeant Stephen Pastor’s public service has made a lasting impact through his lengthy leadership tenure as the department’s team leader of the Emergency Operations Unit (now referred to as Special Weapons and Tactics “SWAT” team), his work as a field training officer, and his role as a firearms and use of force instructor; and WHEREAS, Sergeant Stephen Pastor has received numerous commendations for outstanding police work; and WHEREAS, Sergeant Stephen Pastor has received letters of thanks from numerous citizens for assistance that he has rendered assistance to; and WHEREAS, Sergeant Stephen Pastor’s legacy of training and mentorship will have a lasting impact within our department, but also across the broader law enforcement community by also serving as an instructor at Hennepin Technical College, where he has helped prepare countless future officers for the profession; and WHEREAS, Sergeant Stephen Pastor’s served the City of Brooklyn Center with distinction until his retirement, on December 31, 2025; and. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that we recognize the honorable retirement of Sergeant Stephen Pastor on December 31, 2025, and express sincere appreciation for his passion for serving the community, dedication to public service and civic effort for the betterment of the Brooklyn Center community. We wish Stephen and his family the very best in the future. Page 85 of 114 2 December 8, 2025 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. Page 86 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: Cordell Wiseman, Director of Parks & Recreation THROUGH: Reggie Edwards, City Manager BY: Carissa Goebel, Deputy Director of Parks & Recreation SUBJECT: Parks and Recreation Outreach Presentation Requested Council Action: - Motion to accept the presentation. Background: Budget Issues: Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. 12_8_25 Park and Rec Outreach Page 87 of 114 Park and Recreation Outreach City Council Meeting 12/8/2025, Cordell Wiseman, Park and Recreation Director Park and Rec Outreach Team 2 •7 day a week operation including many holidays •Staffing Levels •1 full-time Outreach Manager •2 part-time year-round Outreach Specialists (25 hours per week) •2 part-time seasonal Outreach Specialists (25-30 hours per week) •2026 budget $230,411 – reallocated from other parts of the Park and Rec budget Page 88 of 114 Park and Rec Outreach Team 3 •Main focus areas •Parks and Community Center •Regular rounds to each park during the summer •Host teen/youth activities all year round (cookouts, Back to School, Trunk or Treat) •Communicate with and support park neighborhoods •Support Community Center staff when needed •Teen Outreach in schools •During school day: building connection and provide mentorship •Daily after school open gym/activities •Field Trips for job skills and leadership development •Assist with Learn to Swim Enrichment classes Park and Rec Outreach Team 4 •Cross-department Partnerships •Police •Regular contact regarding park rentals and other park concerns •Public Works •Contact regarding park cleanliness and collaborative litter solutions •Fire •Teen Nights in East Fire Station •OCPHS •Event collaboration and support for those experiencing homelessness in parks Page 89 of 114 5 Questions? Page 90 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: Xiong Thao, Housing and Community Standards Manager THROUGH: Jesse Anderson, Community Development Director BY: Xiong Thao, Housing and Community Standards Manager SUBJECT: An Ordinance Repealing Section 12-310 of the Brooklyn Center City Code Regarding Commercial Premises Identification – Second Reading and Public Hearing Requested Council Action: - Motion to open the public hearing; - Motion to close the public hearing; and - Motion to approve an Ordinance repealing section 12-310 of the Brooklyn Center City code regarding Commercial Premises Identification. Background: This City Council action would remove the new requirements and the existing fire code requirement of 4 inch number will be in effect. This is consistent with Option 1. During the July 14, 2025 City Council work session, it was a majority of the City Council who requested to stop enforcement of 12-310 Premises Identification ordinance until a further discussion with City Council in the future. At the August 11, 2025 City Council meeting, staff presented information about the ordinance and enforcement data. Staff presented four options for consideration. Option 1: Remove the requirement for address numbers.This would eliminate the current amended ordinance changes. There are no standards in the building code, however, fire codes require 4" numbers similar to residential requirements. • Option 2: Require 6-inch numbers. This is a slightly larger size than what's required for single-family homes and is a common size available at most hardware stores. • Option 3: Standardize all numbers to 12 inches. This would eliminate the larger size requirements for multi-story buildings (currently 18 inches for two stories and 24 inches for three or more stories). 12 inch numbers are also more readily available online and in-stores. • Option 4: No changes to the current ordinance. Staff would then restart enforcement. The majority of City Council recommended staff move forward with Option 1, to remove the requirement for larger commercial addressing. This would revert back to building Page 91 of 114 code addressing requirements. A first reading was passed by Council on September 13, 2025 to repeal the requirement for commercial addressing. The posting for the public hearing was posted on November 27, 2025 for the December 8, 2025 City Council meeting. The published notice is attached. Budget Issues: There are no budget issues to consider. Inclusive Community Engagement: Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. DOCSOPEN-#1049355-v1-Section_12-310_Ordinance_Repeal 2. 12-310 Presmise Identification - Repeal notice 3. Premise Identification - CITY OF BROOKLYN CENTER PUBLIC HEARING NOTICE _ Notice Of Public Hearing _ hometownsource.com Page 92 of 114 1 BR291-16-1049355.v1 ORDINANCE 2025-___ AN ORDINANCE REPEALING SEC. 12-310 OF THE BROOKLYN CENTER CITY CODE REGARDING COMMERCIAL PREMESIS IDENTIFICATION The City Council of the City of Brooklyn Center does ordain as follows: Article I. Brooklyn Center City Code, Chapter 12 is amended as follows: Section 12-310 of Chapter 12 Building Maintenance and Occupancy is hereby repealed in its entirety. Article 2. This ordinance shall take effect and be in force after its passage and publication in accordance with Section 3.09 of the City Charter and applicable State law. Passed and adopted this ___ day of ____, 2025, by the City Council of the City of Brooklyn Center Date April Graves, Mayor ATTEST: ____________________ Shannon Petit, City Clerk First Reading: , 2025 Second Reading: , 2025 Publication Date: , 2025 Effective Date: , 2025 Page 93 of 114 Page 94 of 114 Page 95 of 114 CITY OF BROOKLYN CENTER PUBLIC HEARING NOTICE Details for CITY OF BROOKLYN CENTER PUBLIC HEARING NOTICE Nov 27, 2025 CITY OF BROOKLYN CENTER PUBLIC HEARING NOTICE Notice is hereby given that a public hearing will be held on the 8th day of December 2025, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Section 12-310 Regarding Commercial Premises Identification Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. AN ORDINANCE REPEALING SEC. 12-310 OF THE BROOKLYN CENTER CITY CODE REGARDING COMMERCIAL PREMISES IDENTIFICATION The City Council of the City of Brooklyn Center does ordain as follows: Article I. Brooklyn Center City Code, Chapter 12 is amended as follows: Section 12-310 of Chapter 12 Building Maintenance and Occupancy is hereby repealed in its entirety. Article 2. This ordinance shall take effect and be in force after its passage and publication in accordance with Section 3.09 of the City Charter and applicable State law. All interested parties are invited to attend the public hearing, at which time you will be allowed to make comments on the subject. Written testimony will also be accepted on or before the public hearing. Written comments and/or questions can be directed to the City Clerk at the email address cityclerk@brooklyncentermn.gov. The City of Brooklyn Center makes reasonable accommodations for any known disability and to meet the needs of non-English speaking residents that may interfere with a person's ability to participate in this public hearing. Persons needing accommodation must Save Share Sportsroyals Power Cage,1600lbs Multi-… Page 96 of 114 notify the City Clerk at phone number 763-569-3300 at least 96 hours in advance to make arrangements. Published in the Sun Post November 27, 2025 1504164 Learn more about your privacy options Page 97 of 114 Council Regular Meeting DATE: 12/8/2025 TO: City Council FROM: Todd Berg, Fire Chief THROUGH: Reggie Edwards, City Manager BY: Shannon Pettit, City Clerk SUBJECT: An Ordinance Repealing and Replacing in its Entirety, Chapter 5 of The Brooklyn Center City Code of Ordinances, Regarding the Establishment of Fire Prevention Division Within the Brooklyn Center Fire Department - Second Reading and Public Hearing Requested Council Action: - Motion to open public hearing; - Motion to close public hearing; - Motion to approve an Ordinance Repealing and Replacing in its Entirety, Chapter 5 of The Brooklyn Center City Code of Ordinances, Regarding the Establishment of Fire Prevention Division Within the Brooklyn Center Fire Department; and - Motion to approve a Resolution Approving Summary Publication of an Ordinance Repealing and Replacing Chapter 5 of The Brooklyn Center City Code of Ordinances, Establishing the Fire Prevention Division Within the Brooklyn Center Fire Department. Background: The purpose of this ordinance is to establish and maintain a Fire Prevention Division within the fire department of the city of Brooklyn Center, as authorized by the City Council, to enforce fire codes and promote public safety through fire prevention, inspections, and education. The ordinance revisions were originally presented to the City Council on October 13th during the work session, and additional information was provided to Council in the weekly update on 10/24/2025. The first reading of the ordinance was presented and approved at the November 10, 2025, City Council meeting. Tonight is the second reading and public hearing. Budget Issues: Potential budgetary impacts are the collection of fees and or fines for code requirements and violations. However, our goal is compliance and not punishment. We want building and residential owners to safely and properly maintain their fire protection systems instead of utilizing the fire department as a solution to building maintenance, instead of safety or emergency response. We anticipate collecting a few food truck inspection fees, which will cover the cost of the inspection by our fire inspectors. Inclusive Community Engagement: Page 98 of 114 Antiracist/Equity Policy Effect: Strategic Priorities and Values: ATTACHMENTS: 1. CHAPTER 5 second reading FINAL 2. Chapter_5_-_Ordinance_(Repeal_and_Replace) 3. Summary_Publication_of_Chapter_5_ Page 99 of 114 CHAPTER 5 – FIRE PREVENTION City Council Meeting, December 8, 2025 Todd Berg, Fire Chief PURPOSE •The purpose of this ordinance is to establish and maintain a fire prevention division within the fire department of the city of Brooklyn Center, as authorized by the city council, to enforce fire codes and promote public safety through fire prevention and inspections and education. •The fire department has two full time fire inspectors to carry out enforcement and education of this ordinance. This division is supervised by the deputy fire marshal and ultimately the chief of the fire department. 2 Page 100 of 114 HIGHLIGHTING CHANGES •Repealing and Replacing Chapter 5 because there have been substantial changes. The new ordinance: •Establishes and defines the purpose of the Fire Prevention Division within the Fire Department. •Outlines the duties and responsibilities of the Fire Chief. •Provides the right of inspection and the Fire Inspector’s Duties. •Outlines the Fire Prevention Division’s duties to correct hazardous conditions. •Mandates hotel fire life safety inspections. 3 HIGHLIGHTING CHANGES - continued •Describes and prescribes Fire Prevention Codes, Standards, and Procedures. •Outlines the Fire Regulations that apply in the City of Brooklyn Center. •Examples: fire alarm systems and smoke detectors, malfunctioning elevators, electric vehicle charging stations, mobile food preparation vehicles, and gated access to commercial and residential properties. •Outlines enforcement and penalties, including administrative citations and fines. 4 Page 101 of 114 Request for Council Action: - Motion to open the public hearing - Take public comment regarding the new Chapter 5 ordinance - Motion to close the public hearing - Motion to approve the New Chapter 5 Fire Protection ordinance Motion to Repeal and Replace in its entirety Chapter 5 of the Brooklyn Center City Code of Ordinances Establishing the Fire Prevention Division within the Brooklyn Center Fire Department 5 Page 102 of 114 BR291-12-1056096.v4B CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of __________, 2025, at 7:00 p.m. or as soon thereafter as the matter may be heard during the a City Council meeting at City Hall, 6301 Shingle Creek Parkway to consider an ordinance related to the City Fire Code. ORDINANCE NO. _____ AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 5 OF THE BROOKLYN CENTER CITY CODE OF ORDINANCES, ESTABLISHING THE FIRE PREVENTION DIVISION WITHIN THE BROOKLYN CENTER FIRE DEPARTMENT THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article 1. The Brooklyn Center City Code of Ordinances, Chapter 5, Fire Department and Fire Prevention is hereby repealed and replaced in its entirety: CHAPTER 5-100 - FIRE PREVENTION Section 5-101. PURPOSE. The purpose of this ordinance is to establish and maintain a Fire Prevention Division within the Fire Department of the City of Brooklyn Center, as authorized by the City Council, to enforce fire codes and promote public safety through fire prevention and inspections and education. Section 5-102. ESTABLISHMENT AND DUTIES OF THE FIRE PREVENTION DIVISION. The Fire Prevention Code shall be enforced by the Fire Prevention Division in the Fire Department of the City of Brooklyn Center, which is hereby established, and which shall be operated under the supervision of the Fire Chief or designee. Section 5-103. DUTIES AND RESPONSIBILITIES OF THE FIRE CHIEF. The Fire Chief shall be appointed by the City Manager and shall be responsible to the City Manager for the enforcement of the Fire Code, the provision of emergency services, including prevention and suppression of fires, the protection of life and property against fire, natural disasters, and other events. The Fire Chief shall be responsible for the supervision of subordinate officers and personnel as determined by the City Manager and the City Council. The Fire Chief or such designee shall be the Emergency Manager for the City of Brooklyn Center. Section 5-104. DEFINITIONS Alarm Device means any fire alarm system component including but not limited to, pull stations, horn strobes notifiers, smoke alarm, or heat detector. Fire Alarm System means the entire fire alarm system or a portion thereof, encompassing component parts including fire detectors, sprinkler systems and monitoring functions to alert and detect the status of fire alarm or signal to initiate the appropriate response to those signals. Page 103 of 114 Inspector means an individual charged with the responsibility of conducting inspections with the purpose of enforcing the Fire Code. Owner means a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes partners and corporate officers. Smoke Alarm means a standalone or multi-station alarm responsive to smoke or fire. Tenant means any adult person granted temporary use of a rental dwelling unit pursuant to a lease with an owner of a property. Section 5-105. RIGHT OF INSPECTION. The Fire Chief or any member of the Brooklyn Center fire department as designated by the Fire Chief may, at reasonable hours, enter any building or premises for the purpose of making any inspection which the Fire Chief deems necessary to be made. Section 5-106. INSPECTOR'S DUTIES. When any Fire Department Inspector finds in any building or upon any premises or other place: A. Combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any highly flammable materials, and so situated as to endanger property; or B. Obstructions from any source whatsoever, including materials, articles or merchandise, to or on fire escapes, stairs, corridors, doors, liable to interfere with the operation of the fire department, or egress of occupants, in case of fire; or C. Any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life; or D. At any premises, a violation of any City ordinance, MN State Fire Code or law of the State of Minnesota the continuing violation of which creates a fire hazard, then the Fire Chief or designee, shall order the same to be removed or the condition remedied. Section 5-107. DUTY TO CORRECT HAZARDOUS CONDITIONS. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty- four hours to the Fire Chief (or the City Manager if the Fire Chief issues the order) who shall within 10 days review such order and file its decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within 10 days after said appeal shall have been determined, or if no appeal is taken, then within 10 days after the service of the said order, shall be subject to a penalty as hereinafter provided. Section 5-108. SERVICE OF INSPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally, by email or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address or by last known email address Page 104 of 114 Section 5-109. NOTICE OF HAZARDOUS CONDITION POSTED ON BUILDINGS. Whenever any building of a public nature, or which is used for commercial purposes, or for any other purpose other than a private or two-family dwelling, is found to be unsafe for any reason set out in Section 5-104, and the hazard thereof is so imminent as to place human life in immediate jeopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dangerous condition; and it shall be unlawful for any person to remove such notice without his or her written permission. If the owner or person in charge of such building or structure, when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed within the time specified, it shall be unlawful for any person, firm or corporation to occupy or use said building or structure until it has been rendered safe. Ongoing failure to correct the hazardous conditions or ongoing failure to adopt emergency measures as directed, constitutes a violation of this ordinance, and is subject to penalties outlined in this Chapter. Section 5-110. HOTEL FIRE LIFE SAFETY INSPECTIONS. Hotels shall have a common area fire inspection done on an annual basis in addition to the tri-annual fire inspection conducted by the state Fire Marshal. Section 5-200. FIRE PREVENTION CODES, STANDARDS, AND PROCEDURES. Section 5-201. FIRE PREVENTION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and welfare of its citizens. In this context, the traditional approach to fire service—suppressing fires once ignited, rescuing survivors, and too frequently exposing firefighters to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment—is declared unacceptable for Brooklyn Center. Rather, it is the fire safety policy of the City of Brooklyn Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center fire department is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built-in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. Section 5-202. ADOPTION OF CODES AND STANDARDS. The City hereby adopts and incorporates the most current Minnesota State Fire Code (MSFC), the most current International Fire Code (IFC) including Minnesota adoptions and all appendices shall be used, and previously adopted versions of the MSFC and the IFC shall be used with existing buildings as applicable, provided no substantial alterations or changes in use have occurred that would require compliance with current code. The City also hereby adopts the current version of the International Property and Maintenance Code (IPMC) and all relevant attachments and appendices. Section 5-203. MSFC ON FILE, DEFINITIONS, AMENDMENTS, and MINIMUM STANDARDS. The Fire Chief shall keep on file one (1) copy of the Minnesota State Fire Code (MSFC) in his or her office for public inspection. A. Definitions: 1. Whenever the word “jurisdiction” is used in the MSFC it shall mean the City of Brooklyn Center. Page 105 of 114 2. Whenever the term "Corporate Counsel" is used in the MSFC, it shall mean the City Attorney of Brooklyn Center. 3. Whenever the term "Chief" or “State Fire Marshall” is used in the MSFC, it shall mean the Chief of the Brooklyn Center Fire Department or designee for purposes of interpreting this ordinance. B. Amendments to the Minnesota State Fire Code: If doors in fire corridors, separation walls, fire doors, or smoke barrier doors need to be kept open, they shall be held open by electric magnetic door holders that are controlled and released by the trip of a smoke detector or sprinkler head that covers the entire building. The approval of the Fire Chief or designee is needed for this modification to the building. C. Minimum Standards. Whenever the MSFC fails to be specific about a device or appliance, it shall have a minimum standard of being Underwriter Laboratory (UL) approved. Section 5-204. FIRE PREVENTION CODE MODIFICATIONS. The Fire Chief or designee shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Chief or designee thereon shall be entered upon the records of the department, and a signed copy shall be furnished by the applicant. Section 5-300. FIRE REGULATIONS. Section 5-301. PURPOSE AND INTENT OF FIRE REGULATIONS. It is the purpose and intent of the fire regulations to promote high standards of quality in the construction and maintenance of buildings, to improve the tax base with well-constructed and well-maintained buildings, and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire, to guarantee absolute compliance with all fire regulations, or to indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. Section 5-302. FIRE ALARM SYSTEMS AND SMOKE DETECTORS: A. Installation, inspection and maintenance of the fire alarm system or alarm device shall comply with standards in Minnesota State Fire and Building Codes, NFPA 72 and manufacturer specifications. B. Whoever shall render a smoke alarm or fire alarm system inoperable by removing the battery, disconnecting, dismantling, or damaging the smoke alarm or fire alarm system in any residential rental, commercial or business unit is guilty of a misdemeanor. C. No fire alarm system shall be permanently taken out of service without authorization by the Fire Chief or designee, including fire alarms at vacant properties. D. Special provisions for rental properties. Where battery-operated smoke alarms are allowed by code, they shall meet the following conditions: Page 106 of 114 1. Installation. Smoke alarms shall be properly installed and maintained in compliance with Minnesota State Fire and Building Codes, and manufacturer specifications. 2. Maintenance. Smoke alarms shall be maintained in an operable and good condition. 3. Testing and Record. Smoke alarms shall be tested in accordance with manufacturer recommendations and no less than once a month. The owner and/or owner’s agent of a rental property is responsible for keeping records indicating compliance with testing and applicable codes. These records must be made available to the code official upon request. 4. Owner Responsibility. Property owners or their owner’s agent must advise tenants to notify the owner/agent about faulty, defective or inoperable smoke alarms. 5. Tenant Responsibility. Tenants of each rental unit must give notice to the owner or their agent within twenty-four (24) hours of finding any non-functional smoke alarm. The owner or owner’s agent must make any correction(s) necessary to maintain a smoke alarm(s) in compliance with applicable codes. Section 5-303. TAMPERING WITH FIRE ALARM SYSTEM AND ISSUING FALSE ALARMS. It shall be unlawful for any person to tamper with or in any way interfere with any element of any fire alarm system within the city. It shall be likewise unlawful for any person to issue, or cause to be issued, an alarm of fire or other emergency condition when no fire or emergency condition exists. When applicable, the property owner will be charged for any nuisance or malicious alarms in accordance with the city false alarm fee schedule. Section 5-304. FIRE ALARM SYSTEM MONITORING. All newly installed and existing fire alarm and detection systems, where required, must be monitored by an Underwriters Laboratories (UL) central monitoring station, approved in accordance with the National Fire Protection Association (NFPA) 72 National Fire Alarm and Signaling Code. Central station monitoring (in full compliance with the latest NFPA 72 standards) must be maintained at the property if a fire alarm system is required, including vacant premises. A. New Systems. For all newly installed fire alarm systems in commercial and residential occupancies (excluding single-family homes), an Underwriters Laboratories (UL) Certificate must be issued by a UL Listed contractor, in compliance with the most current edition of NFPA 72. This requirement applies to all fire alarm systems installed under a permit in commercial, residential (excluding single family homes) and all other occupancies within Brooklyn Center. B. Existing Systems. Any existing fire alarm system in a commercial or residential (excluding single family homes) or other occupancy building where the fire alarm control panel or system components are being replaced shall be considered newly installed for the purposes of this section. Any modification, repair, or replacement of a fire alarm panel or its components will require the issuance of a UL Certificate, if one is not already in place. C. False Alarms. If any existing fire alarm system has four (4) or more false alarms in a one-month period, and those alarms are caused by a malfunction (not by environmental factors), the system must be inspected, tested and certified as if it were a new or replacement system. If the system has three (3) or more false alarms in a month due to malfunction (not by environmental factors), administrative fines will be issued pursuant to the City's current fee schedule. Page 107 of 114 D. Exceptions. 1. Existing sprinkler systems with less than 100 sprinkler-heads need not be monitored for water flow; and 2. Existing Fire Alarm Systems that have not yet reached the end of functional life. Upon repair or replacement, the Fire Alarm systems must be in compliance with paragraphs A or B. Section 5-305. FIRE ALARM PANEL REQUIREMENTS FOR COMBINATION PANELS. A. Newly Installed Panels. Any newly installed or replacement fire alarm control panel shall be dedicated solely to the fire protection system. The use of combination fire and security alarm panels is prohibited for new installations or replacements. B. Existing Combination Panels. Existing combination fire/security panels may remain in service only while they are in proper working condition. If a combination panel becomes non-operational or requires replacement for any reason, it must be replaced with a dedicated fire alarm control panel designed exclusively for fire protection purposes. Section 5-306. MALFUNCTIONING ALARM PANELS. All fire alarm control panels in commercial and residential (excluding single family homes) occupancies, including but not limited to businesses, schools, and institutions, shall be maintained in operable condition and display a “NORMAL” status. Compliance (MSFC), and NFPA 72 are always required. A. Upon observation or notification of a malfunctioning alarm panel by the Fire Department, the owner or responsible party shall place a service call within two (2) hours and have up to ten (10) days to service and restore the panel to full, operable “NORMAL” status. B. Failure to call for service within two (2) hours or failure to repair the malfunctioning alarm panel within the ten (10) day period, or within an alternate time frame prescribed by the Fire Chief or designee based on life safety risk, shall result in administrative fines in accordance with the city’s fee schedule. C. If the alarm panel is deemed non-repairable, the owner shall be required to replace the panel and any associated system components that are incompatible with the replacement panel. The replacement system shall be compliant with the current MSFC and include monitoring and a UL Certificate issued by a UL-listed contractor. D. Fines shall continue to accrue every ten (10) days until the panel is repaired or replaced. The Fire Chief or designee may suspend further fines upon receipt of written documentation from a licensed alarm contractor confirming the date of repair or replacement. E. If no repair or replacement is completed within thirty (30) days, the city may continue to impose fines until the panel is repaired or replaced, and/or, order a temporary shutdown of the occupancy in whole or in part, until compliance is achieved. In cases where an immediate threat to life safety exists, the Fire Chief or designee may shorten the compliance period accordingly. Page 108 of 114 Section 5-307. FIRE SPRINKLER AND/OR EXTINGUISHING SYSTEMS REQUIRED. In accordance with the Minnesota State Building Code and Minnesota Administrative Rules 1306, Subpart 2, automatic fire sprinkler systems are required in: A. All new buildings B. Additions to existing buildings (including the existing building if it is not already sprinklered) unless the building meets exemption criteria C. Buildings undergoing a change in occupancy or use classification D. Sprinkler systems must be installed in accordance with NFPA 13 and maintained in an operational condition throughout the structure. E. Exceptions may be considered on a case-by-case basis and require approval from both the Fire Chief (or designee) and the Building Official. F. No fire protection sprinkler system shall be permanently placed out of service without the authorization of the Fire Chief or designee. This is to include vacant premises. G. Failure to comply with this section may result in penalties pursuant to this Chapter or State law. Section 5-308. MALFUNCTIONING ELEVATORS. Buildings with elevators must have at least one- half of the required number of elevators operational at all times. Buildings with elevators that have become disabled, thereby leaving the building without operational elevators, must have repair orders submitted for repair within twenty-four (24) hours of notification of elevator malfunction. A. Any elevator that becomes inoperable for any reason causing (3) three emergency calls for service within a thirty-day (30) period, shall be subject to administrative penalties and shall be required to have an elevator company inspect and service the elevator. Failure to initiate timely repairs or repeated elevator outages may result in additional enforcement actions, including administrative fines, orders to correct, or other remedies under city ordinance, or state law. Section 5-309. OBSTRUCTION OF FIRE HYDRANTS. No person shall park any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant and subject to a citation. Section 5-310. ORDERS ESTABLISHING FIRE LANES. The Fire Prevention Division may order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking—Fire Lane" or a similar message. When the fire lane is on a public property or a public right-of- way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his or her own expense within 30 days after he or she has been notified of the order. Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct the fire lane. Vehicles parked or standing in fire lanes are subject to citations and/or towing at owner’s expense. Section 5-311. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave any vehicle unattended on any street, highway, avenue, alley or parking lot within the limits of the City of Brooklyn Center, carrying flammable or combustible liquids, or containing explosives or blasting agents, or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring the Page 109 of 114 product to or from the vehicle or a necessary absence from the vehicle in connection with the driver's normal duties, nor shall it prevent stopping for meals. Vehicles that have become disabled due to mechanical failure must be removed within three hours, except food trucks meeting the MN State Fire Code of < 200 gallons of liquid propane gas (LPG). Section 5-312. ELECTRIC VEHICLE (EV) CHARGING STATIONS. Prior to installation of any new EV charging stations/port in commercial buildings or multifamily dwellings, whether new or existing, a city permit shall be obtained, and the location of such installation shall be approved by the Fire Chief or designee and Building Official. All new charging stations/port shall be equipped with a secondary shut-off in an approved location. All shut off devices shall, new and existing shall be labeled. No EV charging stations/ports, new or existing, shall be installed in close proximity to natural gas lines Section 5-313. FIRES AND BARBECUE GRILLS ON BALCONIES OR PATIOS. In any multi- family structure containing three or more dwelling units, no person shall kindle, maintain, store inside, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of the structure. A. Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 5-313. B. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Fire Chief. Section 5-314. OPEN BURNING. Except as authorized in this section, open burning of any material is prohibited. This prohibition does not apply to burning conducted by governmental authorities who have secured permission from the Fire Chief or to outdoor cooking using only propane, charcoal or clean dry wood. Outdoor recreational or cooking fires may be permitted subject to the following requirements: A. All fires must be in an approved outdoor fireplace or a pit which is at least one (1) foot below grade. A pit must be located at least twenty-five (25) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameter, and the outside edge shall be ringed with brick or rock. Commercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in diameter. B. Only clean dry wood may be burned. No leaves, trash, treated or painted wood, or any other materials may be burned. All burning material must be contained in the pit at all times. C. Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit, and persons are able to stand within four (4) feet of the fire. D. The fire shall be attended by an adult at all times and must be extinguished when unattended. An adequate source of water must be available at the pit to extinguish the fire. E. Prevailing wind conditions shall be less than 10 miles per hour and shall not direct smoke toward other nearby residences. F. Outdoor recreational fires are permitted between the hours of 8:00 a.m. and midnight. All fires must be completely extinguished by midnight. Page 110 of 114 G. No recreational fire shall be permitted when the City or Minnesota Department of Natural Resources has officially declared a “burning ban” due to potential fire conditions, or when the Minnesota Pollution Control Agency has declared an air quality alert. H. Fire department or police department personnel are authorized to require that recreational fires be immediately extinguished if it is determined by law enforcement or the fire department that the fire constitutes a dangerous condition or causes undue hardship on neighboring residences. Failure to comply with any provision of this Chapter or with an order of law enforcement or the fire department is a violation of this section and subject to a fine. Section 5-315. PORTABLE OUTDOOR FIREPLACES. Portable outdoor fireplaces shall be used in accordance with the manufacture instructions and shall not be operated within 15 feet of a structure or combustible material. Section 5-316. MOBILE FOOD PREPARATION VEHICLES (FOOD TRUCKS). Any food truck operating within the City of Brooklyn Center must provide documentation of a fire inspection that complies with the MSFC and has been completed within the past one (1) year. Inspections conducted by other fire departments will be accepted and fire inspection fees will be waived, provided the inspection meets applicable state fire code standards. A. Fire Inspections Required. It is the responsibility of the food truck owner/operator to contact the appropriate fire department to ensure the inspection is completed at least 48 hours prior to operating at an event within the City of Brooklyn Center. If the food truck owner/operator does not have a current proof of inspection, the food truck owner/operator must undergo an inspection prior to operating within the city. Food Truck Fire Inspection fees are outlined in the City’s Fee Schedule adopted by City Council. B. Random Checks: Food trucks operating within the City of Brooklyn Center may be subject to random checks. If current fire inspection documentation cannot be provided, an inspection will be required before the food truck may continue operating within the city. Section 5-317. GATED ACCESS; EMERGENCY RESPONSE REQUIREMENTS. Any business, commercial, or residential property installing a gate that restricts access for emergency response shall comply with the MSFC and this ordinance. Prior to installation, an Emergency Operations Plan must be submitted to and approved by the Fire Chief (or designee) and the City Building Official. A. Gate Access Requirements. If the gate is equipped with automatic operation, it shall include, at a minimum, an approved electric gate switch from the Knox Company. The preferred method of emergency access is an Opticom or Opticom-compatible system, which allows gates to be triggered and opened by emergency vehicle warning lights. Section 5-318. INCIDENT CONTROL COSTS. Every person, firm, or corporation that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or resulting from his, her, or its acts, negligence, or omissions. The Fire Chief shall keep a record of the cost, including work done by firefighters and other City employees and equipment. The Fire Chief shall then bill the person, firm, or corporation liable for the fire. Section 5-319. ENFORCEMENT; PENALTIES. Page 111 of 114 A. Enforcement; Criminal Penalty. The City Manager and the Fire Chief, or their designees, are responsible for the administration and enforcement of this ordinance Any person violating the provisions of this ordinance shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety (90) days or both, together with the costs of prosecution. B. Administrative Citations; Administrative Fines. Violations of this ordinance may be enforced through the Administrative Penalties Program pursuant to Chapter 18 of the Brooklyn Center City code. Administrative Fines are outlined in City Code and established by City Council Resolution. Each day a violation continues constitutes a separate offense for purposes of calculating the fine. C. In addition to any penalties provided for in this section, if any person, firm, or corporation fails to comply with any provision of this section, the Council or any city official designated by Council may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation Article II. Severability. Should any section or part of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as a whole or any part other than the part declared invalid. Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ____ day of _____________________ 2025. _____________________________ Mayor ATTEST: ____________________________ City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) Page 112 of 114 BR291-4-1062722.v1 Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER HENNEPIN COUNTY RESOLUTION NO. 2025-___ RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE REPEALING AND REPLACING CHAPTER 5 OF THE CITY CODE OF ORDINANCES ESTABLISHING THE FIRE PREVENTION DIVISION WITHIN THE BROOKLYN CENTER FIRE DEPARTMENT WHEREAS, the City Council of the City of Brooklyn Center acted at its December 8, 2025, meeting to adopt Ordinance No. 2025-___ “An Ordinance Repealing and Replacing Chapter 5 of the Brooklyn Center City Code of Ordinances, Establishing the Fire Prevention Division Within The Brooklyn Center Fire Department” (the “Ordinance”); and WHEREAS, Minnesota Statutes Section 412.191, subdivision 4 allows publication of adopted ordinances by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council determines publishing the entire text of the Ordinance is not in the best interests of the City as the Ordinance is readily available to the public on the City’s website and by contacting City Hall; and WHEREAS, the City Council determines the following summary clearly informs the public of the intent of Ordinance and where to obtain a copy of the full text. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brooklyn Center hereby approves publication of the following summary language as publication of the Ordinance: CITY OF BROOKLYN CENTER SUMMARY PUBLICATION Ordinance No. 2025-___ AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 5 OF THE BROOKLYN CENTER CITY CODE OF ORDINANCES, ESTABLISHING THE FIRE PREVENTION DIVISION WITHIN THE BROOKLYN CENTER FIRE DEPARTMENT The Brooklyn Center City Council adopted the above-referenced ordinance repealing and replacing in its entirety, Chapter 5 of the City Code of Ordinances. The ordinance establishes and defines the purpose of the Fire Prevention Division within the Fire Department, outlines the duties Page 113 of 114 and responsibilities of the Fire Chief, provides the right of inspection and the Fire Inspector’s Duties, outlines the Fire Prevention Division’s duties to correct hazardous conditions, and provides for hotel fire life safety inspections. The ordinance describes and prescribes Fire Prevention Codes, Standards, and Procedures. The ordinance outlines the Fire Regulations that apply in the City of Brooklyn Center, which range from regulations related to fire alarm systems and smoke detectors, malfunctioning elevators, electric vehicle charging stations, mobile food preparation vehicles, and gated access to commercial and residential properties. The ordinance outlines enforcement and penalties, including administrative citations and fines. The ordinance is in effect 30 days from this publication. The full text of the ordinance is available on the City’s website and can be obtained by contacting City Hall. 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. Page 114 of 114