REGULAR BROOKLYN PARK CITY COUNCIL MEETING. 7:00 p.m th Avenue North

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1 REGULAR BROOKLYN PARK CITY COUNCIL MEETING Monday, April 13, 2015 Brooklyn Park Council Chambers 7:00 p.m th Avenue North CALL TO ORDER Mayor Pro Tem Gates PRESENT: Mayor Jeffrey Lunde (arrived at 7:39 p.m.) ; Council Members Rich Gates, John Jordan, Terry Parks, Peter Crema, Bob Mata and Mike Trepanier; City Attorney Melissa Manderscheid; Acting Interim City Manager Dan Ruiz; Community Development Director Kim Berggren; Todd Milburn, Deputy Chief, Police Department; and City Clerk Devin Montero. ABSENT: None. Mayor Pro Tem Gates opened the meeting with the Pledge of Allegiance. 2A RESPONSE TO PRIOR PUBLIC COMMENT Acting Interim City Manager Dan Ruiz stated: Nick McCulloch requested the Council consider a pilot project for vacation rentals. He stated his petition was Item 4.14 on tonight s agenda and staff would look at the petition, respond with memo and bring it back to the Council for a future discussion. Robert Hines expressed his concerns about Genetically Modified Organisms (GMOs) and asked the city to ban them within the city. Acting Interim City Manager Ruiz stated staff would prepare a public health response, acknowledged his concerns and would respond to him. Michael Fowler and Ben Stein expressed their concerns and opposition to the LRT route along West Broadway regarding concerns about safety with traffic and left turns. He stated staff recorded their comments and encouraged them to continue to be part of the public process as the city moved forward and considered LRT. 2B PUBLIC COMMENT None. 3A MOTION PARKS, SECOND CREMA TO APPROVE THE AGENDA AS SUBMITTED BY THE CITY CLERK WITH REMOVAL OF ITEM 3B2 AND ITEMS 4.9 AND 4.12 PULLED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION. MOTION PASSED UNANIMOUSLY. 3B1 Community Development Director Kim Berggren introduced new employees to the Community Development Department; Operations and Maintenance Director Dan Ruiz introduced new employees to the Operations and Maintenance Department; Lorelei Meyer, Police Department, introduced a new employee to the Police Department. 3B3 City Assessor Marvin Anderson gave an update on the assessing valuation.

2 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 2 3B4 Planning Director Cindy Sherman gave the Planning Commission annual verbal report. 3B5 Community Outreach Specialist Antonio Smith briefed the Council on the contribution from What Kids Can Do to Cities United Schools United. 3B5 MOTION CREMA, SECOND JORDAN TO WAIVE THE READING AND ADOPT RESOLUTION # ACKNOWLEDGING $1,500 IN CONTRIBUTIONS FROM WHAT KIDS CAN DO TO CITIES UNITED SCHOOLS UNITED. MOTION PASSED UNANIMOUSLY. 4.0 MOTION PARKS, SECOND CREMA TO APPROVE THE FOLLOWING ADMINISTRATIVE CONSENT ITEMS: (Items 4.9 and 4.12 were removed for separate consideration.) 4.1 TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING FINAL PLAT OF OXBOW COVE 2ND ADDITION, REPLATTING TWO LOTS INTO TWO SINGLE FAMILY LOTS AT 6715 AND TH CIRCLE NORTH. 4.2 TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING FINAL PLAT OF HIDDEN TRAILS ESTATE SUBDIVIDING 2.51 ACRES INTO SIX SINGLE FAMILY LOTS AT THE NORTHEAST CORNER OF 101 st AVENUE AND FALLGOLD PARKWAY. 4.3 TO RECEIVE AND PLACE ON FILE THE VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOTS 31 AND 32, BLOCK 1, OXBOW COVE. 4.3 TO WAIVE THE READING AND ADOPT RESOLUTION # ORDERING PUBLIC HEARING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOTS 31 AND 32, BLOCK 1, OXBOW COVE. 4.4 TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE INSTALLATION OF A PERMANENT TRAFFIC SIGNAL SYSTEM AT THE DOUGLAS DRIVE (CSAH 14) / OXBOW CREEK DRIVE INTERSECTION, CIP REMOVED FROM THE AGENDA PRIOR TO THE MEETING. 4.6 TO WAIVE THE READING AND ADOPT RESOLUTION # DETERMINING VALIDITY AND SUFFICIENCY OF PETITION, ORDERING PREPARATION OF A FEASIBILITY REPORT FOR UTILITY IMPROVEMENTS, NORTH OF 101ST AVENUE BETWEEN WINNETKA AVENUE AND TH 169 FOR BROOKLYN HOLDINGS LP. 4.7 TO APPROVE THE MINUTES OF THE BROOKLYN PARK CITY COUNCIL MEETING OF MARCH 16, 2015, AS PRESENTED BY THE CITY CLERK.

3 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page TO APPROVE THE MINUTES OF THE BROOKLYN PARK CITY COUNCIL MEETING OF MARCH 23, 2015, AS PRESENTED BY THE CITY CLERK. 4.8 TO RESCHEDULE THE APRIL 27, 2015 REGULAR COUNCIL MEETING TO TUESDAY, APRIL 28, 2015 AT 7:00 P.M TO WAIVE THE READING AND ADOPT RESOLUTION # SUPPORTING A JOB CREATION FUND APPLICATION BY CATERPILLAR PAVING PRODUCTS, INC. 4. TO WAIVE THE READING AND ADOPT RESOLUTION # TO APPROVE CHANGE ORDER NO. 1 FOR SANITARY SEWER REPAIRS TO INFRATECH INC TO WAIVE THE READING AND ADOPT RESOLUTION # TO APPROVE CHANGE ORDER NO. 6 FOR THE O&M MAINTENANCE BUILDING A B ADDITION/REHABILITATION PROJECT FOR JORGENSON CONSTRUCTION, INC TO ACCEPT THE PETITION REGARDING VACATION RENTALS SUBMITTED BY MR. NICK MCCULLOCH AT THE APRIL 6, 2015 COUNCIL WORK SESSION TO RECEIVE AND PLACE ON FILE THE VACATION OF STREET EASEMENTS ON OUTLOT A, MILLS ADDITION TO BROOKLYN PARK AND ON THE EASTERN OF 83RD AVENUE NORTH TO WAIVE THE READING AND ADOPT RESOLUTION # ORDERING PUBLIC HEARING FOR THE VACATION OF STREET EASEMENTS ON OUTLOT A, MILLS ADDITION TO BROOKLYN PARK AND ON THE EASTERN OF 83RD AVENUE NORTH. MOTION PASSED UNANIMOUSLY. Council Member Jordan stated that he wanted to be consistent, which he had been on the issue where he voted no. He stated the reason he voted no was that he felt it was a large bonding bill and the tax payers should have had a voice on voting on it. He stated to be consistent he would continue to vote no on adding more money to it. 4.9 MOTION CREMA, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION # TO APPROVE CHANGE ORDER NO. 4 FOR THE POLICE HEADQUARTERS ADDITION AND REMODELING PROJECT FOR JORGENSON CONSTRUCTION, INC. MOTION PASSED. (5 TO 1) JORDAN VOTED NO. Council Member Parks asked staff to explain what the item was about. Acting Finance Director Jeanette Boit Kania introduced Mr. John Utley, Attorney, Kennedy and

4 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 4 Graven. Mr. John Utley, Kennedy Graven stated the purpose of the transaction was to refund some outstanding indebtedness that was initially incurred in 2005 by three other cities. The bonds were required to be bank qualified to be able to be sold to banks and at the time the city was not able to issue bank qualified bonds so the three other cities stepped in to do it. He stated it was now an appropriate time to refinance that indebtedness because the borrower, St. Therese, was able to realize some interest rate savings by doing a refinancing and asked the city to do it. At 7:39 p.m. Mayor Lunde arrived MOTION CREMA, SECOND JORDAN TO WAIVE THE READING AND ADOPT RESOLUTION # AUTHORIZING THE ISSUANCE AND SALE OF SENIOR HOUSING REVENUE REFUNDING NOTES (OXBOW LAKE CARE CENTER, LLC PROJECT), TO REFUND OBLIGATIONS ISSUED FOR THE BENEFIT OF ST. THERESE AT OXBOW LAKE, LLC AND ST. THERESE HOME, INC. AND RELATED ENTITIES; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTES, NOTE PURCHASE AGREEMENTS, LOAN AGREEMENT, AND CERTAIN RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE NOTES; AND AUTHORIZING AMENDMENTS TO THE HEALTHCARE FACILITIES REVENUE NOTE (OXBOW LAKE CARE CENTER, LLC PROJECT), SERIES 2011A. MOTION PASSED UNANIMOUSLY. 5.1 Acting Finance Director Jeanette Boit Kania briefed the Council on the issuance of Revenue Refunding Bonds for the Prairie Seeds Academy project. 5.1 Mayor Lunde opened the public hearing to consider the issuance of Revenue Refunding Bonds for the Prairie Seeds Academy project. 5.1 The following individuals addressed the Council None. 5.1 Mayor Lunde closed the public hearing and returned the item back to the table for consideration. 5.1 MOTION CREMA, SECOND JORDAN TO WAIVE THE READING AND ADOPT RESOLUTION # AUTHORIZING THE ISSUANCE OF CHARTER SCHOOL LEASE REVENUE REFUNDING BONDS (PRAIRIE SEEDS ACADEMY PROJECT) UNDER MINNESOTA STATUTES, SECTIONS THROUGH AND APPROVING RELATED DOCUMENTS. MOTION PASSED UNANIMOUSLY. 6.1 Planning Director Cindy Sherman briefed the Council on the Conditional Use Permit/Plat

5 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 5 # for a 480 Unit Apartment Complex located South of Oak Grove Parkway between 96th Lane and Hampshire Avenue North. 6.1 MOTION TREPANIER, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE 610 WEST APARTMENT PROPOSAL FINDING NO SIGNIFICANT IMPACT. MOTION PASSED. (6 0 1) CREMA ABSTAINED. 6.1 MOTION TREPANIER, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING THE PRELIMINARY AND FINAL PLAT OF PARK PLACE PROMENADE 5TH ADDITION AND CONDITIONAL USE PERMIT OF A 480 UNIT APARTMENT COMMUNITY SOUTHEAST OF OAK GROVE PARKWAY AND HAMPSHIRE AVENUE NORTH. MOTION PASSED. (6 0 1) CREMA ABSTAINED. 7.1 Code Enforcement and Public Health Manager Jason Newby briefed the Council on the Exterior Storage of One Non Commercial Vehicle with an Attached Snow Plow Ordinance Amendment. 7.1 MOTION JORDAN, SECOND GATES TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE APPROVING AN AMENDMENT TO THE CITY CODE SECTION PERTAINING TO THE EXTERIOR STORAGE OF ONE NON COMMERCIAL VEHICLE WITH AN ATTACHED SNOW PLOW. MOTION PASSED UNANIMOUSLY. 7.2 Neighborhood Preservation Specialist Michelle Peterson briefed the Council on the amendment to Chapter 92 and Chapter 152 of the city code to allow beekeeping. She introduced Mr. Dave Schroeder, beekeeper expert and Director, Minnesota Honey Producers. Council Member Crema questioned if people put up a warning sign for kids running around near them, i.e., beehives stay away or beehives. He questioned if that was typical, required or was not done. Mr. Schroeder stated that most of time in a residential setting no one had a sign. Generally those that had 15 to 30 hives had a sign that said honeybees stay away and said who the beekeeper operator was. He stated that most hobby beekeepers had one or two hives in the back yard and did not have signs but neighbors knew that the hives were there. Council Member Trepanier questioned the appeals process. Specialist Peterson stated the objections from a neighbor would occur during the initial registration period. She stated that when a registration came in, the city would send out a notification letter to all of the adjacent neighbors giving them a two week time frame to object. She stated it also gave them time to contact staff if they had any questions or concerns. She

6 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 6 stated that if a neighbor sent a written objection it would go to the City Manager or designee. If the registration was denied based on the objection of a neighbor, the registrant had the right to go to a hearing officer to do that appeal. Council Member Trepanier stated that if he just moved in to a house and didn t want that beehive next door, which had been approved, he didn t have a process to go through. Specialist Peterson stated there wasn t a process for that in the ordinance and would look into it and would also take in any questions at that point. She stated their goals were when neighbors changed they went out and met each other so they knew who had a beehive. Council Member Trepanier stated that if he had a bee allergy and subject to anaphylactic shock and moved next to a house where a beehive had been approved beforehand, and found out they were keeping bees, went to the city and objected to it, asked if there was any recourse there. Specialist Peterson stated the way the proposed ordinance was written there was none. Council Member Trepanier stated he was having trouble voting for it because of his own personal experience and wouldn t support it unless there was something in the ordinance that would allow for that kind of situation. Community Development Director Berggren stated the intent of ordinance as with any of the city ordinances, residents had the ability to offer a complaint about an adjacent use. She stated the City Manager would consider those complaints as they arose. She stated they would anticipate someone just saying they didn t want beehives probably wouldn t warrant the revocation of a registration. But if it was a medical condition or something to that affect, it would warrant a discussion with the City Manager. She stated they could ask the attorney if there needed to be stronger language to allow for that scenario to be handled appropriately or if the current language allowed for it. Council Member Trepanier stated he would want language in the ordinance that would clarify it. Council Member Mata suggested something could be attached to the warranty deed of a property in the surrounding properties. If buying a property, the title search would show there was a neighbor that had a beehive. He stated it would not be the responsibility of a seller of a property to let someone know there was a beehive two houses away. He stated it would help those people that had bee allergies when buying a property. He questioned how far the notifications went out, adjacent properties, across the street, or either side in the back. Specialist Peterson stated the current language in the proposed ordinance was adjacent

7 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 7 properties. Council Member Mata stated that if they were only notifying adjacent properties, thought that if he had a bee allergy would think the notification would be a half block away. He stated he would want to know if there were beehives in the neighborhood. He stated he could support it but would want further notification than just adjacent properties. Council Member Parks questioned if she could address the anaphylactic shock and if bee keepers had insurance in case something like that happened. He questioned how it was addressed if residents had concerns about anaphylactic shock. Specialist Peterson stated the Center for Disease Control didn t track specific insects and tracked all stinging insects, honeybees, hornets, and wasps. She stated that 90 to 100 deaths occurred from anaphylactic shock due to an insect sting and there was not a way to break it down for honeybees. She stated that stinging insects had different types of venom and a person could be allergic to honeybees but not to wasps, or to wasps but not to honeybees. She stated that a resident with anaphylactic shock issues would be able to make a written objection. They would take that into consideration when looking at the registration and it would be a good reason to deny a registration. She stated that in most cases, homeowners insurance covered any incidents that happened on a property in relation to a hobby under the liability portion of the insurance. She stated that commercial setups would need additional insurance and recommended they have a different liability policy as well as a product liability if selling a product. Council Member Jordan stated the city should require extra insurance and an umbrella policy of some sort because most homeowners insurance would be inadequate for something that might be significant. He questioned who would be the person in charge of managing the process for the city. He questioned what would happen if that person left because he was expecting there would be some special education needed and if that person left after six months, there would be no one to handle complaints, inspections and other things. Specialist Peterson stated she would start out with handling registrations and inspections and there would be cross training with the other inspection staff and if she left, there wouldn t be problems with anyone else handling the inspections. Council Member Jordan questioned how much staff time was needed with the registrations, inspections, complaints and forms because they were only asking $40. Specialist Peterson stated the application had the typical contact information, required a certificate of education from an accredited institution showing there had been a beekeeping class taken by the registrant. It also had a site plan portion where they would show the set up

8 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 8 the house and of the hives. She stated they would know right away based on their setbacks if they would need a fly way barrier. She stated the ordinance was written as a checklist with questions: is the hive in the front, does the hive meet a setback; does the hive require a flyway barrier, etc. She stated when they went on site for the inspection, they would measure setbacks, the height of the fly barrier if required, look at the number of hives allowed and would look at the conditions of the property. She stated that if the Council chose to have a larger notification area, they had a tool, City View, which was a mapping program they could use. They could ask to give all of the property owner information within designated setbacks, whether it was adjacent, 100 yards or 200 yards from the structure and could generate address labels and would not take much significant time. She expected they would get questions from residents regarding those notification letters and questions from those who were registering for the apiary. She stated it wouldn t be outside the scope of her current position and would be just one more inspection they would learn how to do and interact with more residents. Council Member Mata suggested using the mapping software for a neighborhood map on the city website to show houses that had pulled permits to have bees. He stated that if a person had allergies to bees and was buying a house in the city, they could look at the website to see any houses that had bees. Council Member Gates questioned if they had heard from Minneapolis on complaints they had, and if they had any major issues or problems with hives once they were up and running. Specialist Peterson stated there had not been any complaints in Minneapolis, St. Paul, Stillwater and Eden Prairie. She stated they modeled the proposed ordinance after Eden Prairie and stated they began the ordinance in 2014, had 19 apiaries registered and had zero complaints. She stated the only complaint they had was prior to the current ordinance where bees from an agricultural property were going to a neighbor s swimming pool to drink. She stated they rectified it by requiring an onsite water source in the ordinance. Council Member Jordan stated he heard things tonight that brought up more questions. On the setbacks, that looking at the chart, Maple Grove allowed bees only in agricultural areas, 20 acres or more, Bloomington had 100 foot setbacks and the city was proposing as little as 10 feet. He stated New Hope had 500 foot setbacks, Plymouth was listed as yes, only in what was considered as rural development areas and not residential areas, Eden Prairie was a yes with special conditions and Edina was the same. He stated that Minneapolis was the closest to what they were proposing but the setback varied for them. He stated that the chart told him that the peer cities were a no. He stated that with

9 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 9 the other cities and their setbacks, felt the city was an experiment and not looking at success stories. He felt the city was not ready for it and thought it was a passing fad. He stated that once those things got in and started to hear complaints like the example given by Council Member Trepanier that it was already there and would leave it at the discretion of City Manager which was too subjective. He stated the city was not a farm community and people lived in houses that were close to each other. He stated that people lived in a suburb and there were things that could be done and not be done and if they wanted to be a beekeeper they should go to an appropriate area and to him the city wasn t it and would be voting no. Council Member Trepanier stated he would like tabled it until clarity in the language could be put in and if it passed tonight, would still like the clarity to be in there. He stated that Council Member Mata s idea about putting the houses with beehives on the website was a great idea. Council Member Crema agreed with Council Member Trepanier to table it. He stated he didn t think $40 was enough, maybe $50 or $75 when figuring in an appeal. He stated he liked the idea of strengthening the ordinance for potential resale of neighboring houses, and the ability to have an objection. He stated it would be a difficult situation for an individual who already invested $700 in bee keeping equipment and five years down the road, a family moved in with three children that had allergies and if the house was inspected in the winter might not see the white mound in the back yard that was the apiary because they didn t know what it was and don t think to ask. He stated he would also like to have information when it came back on the special conditions applied for setback and screening from Eden Prairie and maybe look at 10 feet versus 20 feet, and go 20 feet and 20 feet or 25 feet and 25 feet. He stated that if Council wanted to see it passed that it should be tabled and brought back with those things. Council Member Jordan stated the Council shouldn t be forcing people who wanted to move to the city look on the website to find bees next door before buying a house because it was less welcoming. He stated he was suggesting to tabling it because it needed additional structure and needed to be clarified. 7.2 MOTION LUNDE, SECOND GATES TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE APPROVING AN AMENDMENT TO SECTIONS 92 AND 152 OF THE CITY CODE RELATING TO BEEKEEPING. Mayor Lunde stated Council identified a few things and typically at a first reading they identified things they wanted to see strengthened at the second reading. He stated that if there was still some ambiguity or things they would like to see buffed up, tabling would make sense at that time. He stated the Council had given staff enough things to research and when it came back he would like information on the anaphylactic shock. He stated he heard tonight, someone being stung by a bee had no effect but a wasp may have an effect. He asked how people found out if they were allergic.

10 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 10 He stated that maybe an allergist or medical authority could provide that information and would be good to hear. He assumed it meant any insect stings and now had heard that it wasn t the case and should find out. He stated that if a person was not allergic to bees and objected to that, he would question if they could object to it. He stated he would like to know how people who had severe allergies shopped for houses. He questioned if Champlin allowed it. Specialist Peterson stated Champlin did not address it in their ordinance and if they got complaints it was treated as nuisance. Council Member Trepanier stated in terms of clarity moved to change the first line of the motion between adopt and first and use the word the. He stated it made clear there would actually be two readings. Mayor Lunde stated that he always assumed when there was a first reading there was a second reading. He asked if the seconder was okay with adding The and should have that in there when it came back. Seconder Gates agreed with the amendment. Acting Interim City Manager Ruiz stated that May 11 would be the next Council meeting when it would be brought back. 7.2 VOTE ON THE MOTION AS AMENDED PASSED. (5 TO 2) TREPANIER AND JORDAN VOTED NO. 7.3 Community Development Director Kim Berggren briefed the Council on the appointment of community members to the Community Working Group for the METRO Blue Line Extension Project 85th Avenue Station Area. 7.3 MOTION JORDAN, SECOND GATES TO APPOINT TEN REPRESENTATIVES AND TWO ALTERNATE MEMBERS TO THE COMMUNITY WORKING GROUP (CWG) FOR THE METRO BLUE LINE EXTENSION 85TH AVENUE STATION AREA AS RECOMMENDED BY STAFF. MOTION PASSED UNANIMOUSLY. 9A COUNCIL MEMBER REPORTS AND ANNOUNCEMENTS Council Member Jordan asked if staff could take look at the microphones to see if there was a better way at the podium. He stated Council couldn t hear the presenters, and to check the microphones, either turning those up or checking for a feedback issue. Council Member Parks stated he was sorry to hear about Barway Collins and his prayers were out to the family. He thanked the many Brooklyn Park residents for helping with the search efforts.

11 BROOKLYN PARK COUNCIL MEETING; APRIL 13, 2015 Page 11 Mayor Lunde stated they had a successful My Brother s Keeper engagement on Saturday. They were compiling the information and the data. He stated they would provide a report in the next few weeks and report back to Council what the next steps were and to keep the community advised. 9B CITY MANAGER REPORTS AND ANNOUNCEMENTS Acting City Manager Ruiz stated that the Operations and Maintenance Department started the water hydrant flushing and would continue throughout the week. Any question to contact Operations and Maintenance staff at He stated that staff received the draft compensation study and would like to present it to the Council in a special Council meeting on April 20 after the EDA Meeting. Felt it was important to have discussion on the compensation plan to help frame the budget discussions beginning in May. ADJOURNMENT With consensus of the Council, Mayor Lunde adjourned the meeting at 9:08 p.m. JEFFREY JONEAL LUNDE, MAYOR DEVIN MONTERO, CITY CLERK