REGULAR BROOKLYN PARK CITY COUNCIL MEETING Monday, September 23, 2013 Brooklyn Park Council Chambers 7:00 p.m. 5200 85th Avenue North Greetings to the City Council (DVD) Ms. Linda Sharbo CALL TO ORDER Mayor Jeffrey Lunde PRESENT: Mayor Jeffrey Lunde; Council Members Rich Gates, John Jordan, Elizabeth Knight, Peter Crema, Bob Mata and Mike Trepanier; Acting City Manager Michael Davis; City Attorney Jim Thomson; Acting Community Development Director Mike Sable; Finance Director Cory Kampf, and City Clerk Devin Montero. ABSENT: None. Mayor Lunde opened the meeting with the Pledge of Allegiance, which was led by Boy Scout Troop 368. 2A RESPONSE TO PRIOR PUBLIC COMMENT None. 2B PUBLIC COMMENT 1. Mr. Steve Erickson, Executive Director, North Hennepin Area Chamber of Commerce, addressed the Council and stated he started with the Chamber on September 9, 2013. He was amazed how much that had happened in the communities the Chamber represented, particularly in the City of Brooklyn Park, where the growth, jobs and the industrial base had been generated. He stated the Chambers was a natural sales marketing extension of the city s efforts and intended to do anything they could to help achieve the city s objectives that included working with legislators, business and retail front. 2. Mr. Gordy Aune Jr., 2432 Pearson Parkway, stated last week at the Council meeting believed the phrase for of the Community Engagement Initiative, events versus equity and social justice was misunderstood. He stated it just missed the wrong word and the versus should read enhanced. He stated that equality was the state of being equal social human beings living together and justice was reward as deserved. He read a couple sentences, that read, throughout her career, she has been committed to identifying and removing barriers to equality, welcoming inclusive and respective environments as well as part of coalitions committed to promoting social justice. He stated the events that took place throughout city would continue to enhance participants to engage in conversations with each other and spread the conversation to other people who were not participants at the events. He stated that one of the core values of the Community Engagement Resources Team was We believe
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 2 that everyone has equal intrinsic value and the ongoing events will enrich, engage and enhance social interaction. 3A MOTION GATES, SECOND MATA, TO APPROVE THE AGENDA AS SUBMITTED BY THE CITY CLERK. MOTION PASSED UNANIMOUSLY. 3B1 Mayor Lunde read a proclamation and presented the Brooklyn Park Mayor s Good Citizenship Award to Ms. Kylie Kasprick. 3B2 Fire Chief Ken Prillaman briefed Council on the contributions received from Visions, Inc. to the Fire Department. 3B2 MOTION GATES, SECOND TREPANIER, TO WAIVE THE READING AND ADOPT RESOLUTION #2013 155 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF BROOKLYN PARK. 3B3 Fire Chief Ken Prillaman briefed Council on the contributions received from Minneapolis Marriott Northwest to the Fire Department. 3B3 MOTION GATES, SECOND TREPANIER, TO WAIVE THE READING AND ADOPT RESOLUTION #2013 156 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF BROOKLYN PARK. 4.0 MOTION GATES, SECOND TREPANIER, TO APPROVE THE FOLLOWING ADMINISTRATIVE CONSENT ITEM: 4.1 MOTION GATES, SECOND TREPANIER, TO WAIVE THE READING AND ADOPT RESOLUTION #2013 157 APPROVING FINAL PLAT OF TESSMAN CENTURY FARM 5 th ADDITION SUBDIVIDING 7.23 ACRES INTO 22 LOTS AT TESSMAN PARKWAY AND 88 TH AND 90 TH AVENUES. 4.2 MOTION GATES, SECOND TREPANIER, TO WAIVE THE READING AND ADOPT RESOLUTION #2013 158 TO AWARD A CONTRACT TO DAVE PERKINS CONTRACTING, INC. IN THE AMOUNT OF $531,736.00 FOR CIP PROJECT NO. 3001 13, WATERMAIN REHABILITATION IN MAINTENANCE DISTRICT 1 AND AMEND THE 2013 2017 CIP INCREASING PROJECT 3001 13 FROM $425,000.00 TO $531,736.00. 4.3 MOTION GATES, SECOND TREPANIER, TO WAIVE THE READING AND ADOPT RESOLUTION #2013 159 APPROVING OF VARIANCE #13 126 TO ALLOW A VARIANCE OF 4.5 FEET TO PROVIDE A 15.5 FOOT SIDE YARD GARAGE SETBACK AT 7700 DUPONT AVENUE NORTH. 4.4 MOTION GATES, SECOND TREPANIER, TO RELEASE THE REMAINING ENGINEERING ESCROW ($1,000) AND THE CASH BOND ($5,000) FOR SATISFACTORY COMPLETION OF
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 3 THE OXBOW LAKE CARE CENTER PROJECT #10 114 LOCATED AT 9751 REGENT AVENUE NORTH FOR ST. THERESE AT OXBOX LAKE, INC. 4.5 MOTION GATES, SECOND TREPANIER, TO SET A PUBLIC HEARING ON OCTOBER 28, 2013, TO CONSIDER THE ISSUANCE OF AN OFF SALE INTOXICATING LIQUOR LICENSE FOR M.G.M. OF BROOKLYN PARK, LLC, DBA MGM WINE & SPIRITS AT 8525 EDINBURGH CENTER DRIVE NORTH. 4.6 MOTION GATES, SECOND TREPANIER, TO APPROVE A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE FOR THE OSSEO LIONS CLUB FOR THE HENNEPIN TECHNICAL COLLEGE FOUNDATION DINNER AND AUCTION TO BE HELD ON OCTOBER 12, 2013, AT 9000 BROOKLYN BOULEVARD IN BROOKLYN PARK. 4.7 MOTION GATES, SECOND TREPANIER, TO WAIVE THE READING AND ADOPT RESOLUTION #2013 160 TO ENTER INTO AN AGREEMENT WITH AMERICAN SPECIALTY HEALTH FITNESS, INC.TO JOIN THE SILVER AND FIT FITNESS PROGRAM AT THE COMMUNITY ACTIVITY CENTER. MOTION PASSED UNANIMOUSLY. 7.1 Property and Services Director Keith Jullie briefed Council on the First Reading of an ordinance amendment of Exterior Storage of Landscaping and Construction Equipment or Materials and Construction Debris Dumpsters Ordinance Amendment. Council Member Mata asked what the basis would be for a denial or acceptance of an extension for the project. Director Jullie stated the criteria they considered when someone requested additional time was: if it was a good faith effort being made to comply; look at the issue if it was a health or safety hazard; look to see if the request was reasonable and continued to meet the intent of code; and take into consideration the reason why the city got involved with the issue, through a resident complaint or proactive inspection by the city. Mr. Samuel Goff, 8848 West River Road, addressed the Council and was concerned with the amendment. He stated it would create a situation begging for abuse by a small few and made life difficult for neighbors. He stated that State laws said cities were not supposed to be preventing people to build or do landscaping projects any shorter than 180 days. He asked how it could be possible to do a landscaping project without construction materials being present. He stated if Council passed the ordinance without exception for people who did not have a shed or garage, they would not be expected to improve their property unless they were ready to hire workers to get it done within short amount of time.
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 4 Ms. Elizabeth Goff, 8848 West River Road, addressed the Council and was also concerned with the amendment. She stated that three days did not constitute a month and saw it as an issue. She stated the ordinance amendment was attempting to shorten the period of time for small businesses and owners to improve the city, property and this would make it difficult. She stated that families needed the time to do construction projects to improve property values. Council Member Gates asked for a clarification of the seven days a month and how staff was tracking it. Director Jullie stated they were trying to make enforcement more practical and easier to do because if it was three months or six months staff would have to go out every day to document in order to add those days up and it would be time consuming. He stated their thought was if there was a more significant project that residents could have items brought in and sitting there, once it passed seven days then they would have from the seven days until the end of that calendar month under that one month permit. He stated staff wouldn t need to re inspect once the project was completed and the items removed. He stated that was the use of the one calendar month and was more of a tool to help staff keep track and do enforcement more consistently. Council Member Gates stated there had to be an easier way to do it and asked if it couldn t be based on the day the building permit was issued and tell them they now had an x number of days. Director Jullie stated that not all projects were issued permits, and landscape projects, for example, a lot of them were not issued permits and they would not be able to be tracked that way. He stated the challenge for staff, when a project appeared, put a clock on it, and if it was completed quickly, another project was started and completed in couple of weeks were ongoing projects that basically became yearlong outside storage and that was the concern. Council Member Gates stated that if a person was in middle of a project and day 10 of the first project was when staff started the clock and would then have 30 days and staff should go out on the 30 th day to see if the project was completed or notify them they used one month. He stated there had to be simpler way because seven or three days seemed like a lot of inspection time and would have seven days in a row where staff would go to inspect to see whether the dumpster was there or not. City Attorney Thomson stated if the provision simply read they couldn t have outside storage for more than three calendar months, what could happen, they could have outside storage for 29 days, take the dumpster out and that didn t constitute a month. He stated what staff tried to do was if they had outside storage for more than an X number of consecutive days in a month, that meant they had outside storage for that month and that would constitute one of the three months. He stated that for a person doing projects on the weekends, as long as they
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 5 didn t have anything stored more than a weekend, it would not trigger any of it. He stated he understood the question but the problem was if it said no more than one calendar month, staff would have to, theoretically, go out every day and check. For example, the continued use of a dumpster on someone s property for extended periods of time with the old code provision said no more than six months which meant someone could do a 28 day project and have it outside, start another project and it was almost impossible to violate the ordinance and that was the problem. Council Member Mata stated he had a problem with the seven days and not just on dumpsters. He gave an example of doing a rock garden and got the load of rocks delivered on the edge of driveway on Monday. He stated the clock started on Monday because someone happened to see it and he couldn t get it to it until the weekend. He stated if it was delivered on the 20 th, they had already had used a whole month because it had been there for 10 days and had not started the project. He could only do work on it during the weekends, get half of the rocks moved in the first two weekends of the next month and if he got hurt couldn t move anything for two weeks and now had the third month used and still had rocks in the driveway. He stated that with the seven days and having staff go out every day was a waste of gas, manpower, time and agreed with Council Member Gates on 30 days to be a month, start with day one, the day of the complaint and 30 days later went back and checked on it. He stated that was only two trips instead of seven. He stated it was at six months and could stay there because the number of complaints was not excessive compared to the other cities. He stated it was complaint driven and up to staff to understand where the complaints were coming from and get to bottom of it rather than issuing citations every time someone complained. He stated it would drive more complaints if shortened to three months and with a two or seven days being a month, it would just add fuel to fire and he didn t like it. Council Member Jordan stated the goal was to have residents improve properties when completing one project and starting another was a good thing. He asked how other cities handled the two or seven day issue. Director Jullie stated they didn t ask that question and could to find out their different processes and assumed it was similar in regards to receiving a complaint. They would conduct an inspection, issue some type of order, speak with the resident give them an allotted amount of time, follow up and take appropriate action if not completed. Council Member Trepanier stated that when Council passed an ordinance to solve problems, it solved about 80% of problems but created a few different problems than there were before. He stated it was about a balancing act and heard the same things during the discussions about the
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 6 height of grass. He stated tonight Council was deciding about a resident s right to use their property and also about their neighbor s right to be able to enjoy their properties and trying to find that balance and was leaning to supporting the ordinance. Council Member Gates stated he saw it as two separate issues, a dumpster and materials issue and didn t know what the answer was. He stated he wanted people to improve their properties but also understood that residents didn t want to live next to dumpsters for six months and sending staff out there for three, five, or seven days in a row. He suggested breaking those two issues out where a person could only have a dumpster out for an X amount of days and could only have materials out for an X amount of days. Director Jullie stated the original language of the two or more days was trying to get where staff di6d inspections for two days and be done and checked off as one of the months and not have to go back. He stated that moving it to seven days was to be flexible with the weekend project and understood about the seven days and additional inspections. He stated the dumpster section was important because the current code said the dumpster could be out for the duration of the project, and if remodeling a basement that could take a long time and technically have a dumpster outside. He stated he would like to put in some language to give staff more enforcement for those situations described and for those types of things sitting out for long period of time. Council Member Jordan stated he had a couple of ideas. Council could ask Director Jullie to go back and ask other cities how they did theirs and maybe they had ideas staff had not thought of, in which case, Council would make a motion to table it or pass it with one year sunset and see how it went and review it a year from now. Mayor Lunde stated it was the first reading and the last time the Council tabled it and had one more reading. He stated he wanted to see an end date where staff had to say a project had to end in a timely manner. He stated he couldn t imagine trying to sell a house if next door there was a dumpster for the whole summer. He stated the discussion was about feedback with the first reading and coming back with new language. He stated he wanted staff to have a tool where it was needed when people were not getting projects done, starting a clock and be fully informed, work with someone if needed but would get a date where they had to be done. Council Member Trepanier stated it was still balancing act and liked Council Member Jordan s options. He stated the other issue brought up where community members used the ordinance to harass neighbors and a solution had been worked out. 7.1 MOTION TREPANIER, SECOND LUNDE, TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE APPROVING AN AMENDMENT TO THE CITY CODE SECTION 152.262
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 7 PERTAINING TO THE STORAGE OF LANDSCAPING AND CONSTRUCTION EQUIPMENT OR MATERIALS AND CONSTRUCTION DEBRIS DUMPSTERS. Council Member Mata stated he had a problem with the ordinance and gave an example of a landscaping project. They used their entire three months during the summer and three months for that 12 months. In the spring time they needed to do a siding or roof project but that person couldn t put a dumpster out because they used three months for that 12 month period and couldn t do any work for the next 9 months that would require outside storage. He stated he didn t want to hold anyone up that bought a foreclosed home or vacant home and wanted to fixed them and make them nice for the neighborhood. He stated it would limit them and would have to wait a year before they could do it. He stated he agreed there needed to be an end date but thought it was limiting it too much the way it was written. He stated he disagreed with Mayor on a house for sale that had a dumpster because it could be looked at that people were fixing their property and trying to make the neighborhood better and not looked at as a negative. 7.1 MOTION JORDAN, SECOND GATES TO AMEND THE MOTION THAT THE ORDINANCE WILL SUNSET AFTER ONE YEAR. Council Member Jordan stated the reason for the amendment to the motion was that when it came back for the second reading and there were some ideas that were acceptable, he would make a motion to take that amendment away. He stated he wanted it there and if they went ahead with the ordinance as written wanted to see how it looked a year from now and if it solved the issue. Council Member Gates stated he was in favor of it now because it had a sunset and would have a chance to at least look at it and work on it. He stated that if staff saw that in six months it was not working they could come back to the Council. Council Member Mata asked if the ordinance the way it was written was with two days and not the seven days. He asked about checking with other cities before the second reading came back. He stated he wanted to make sure it didn t come back on the Consent agenda and agreed with the one year moratorium. Council Member Trepanier and Mayor Lunde accepted the amendment to the motion as a friendly amendment to the main motion. Mayor Lunde stated the amendment to the motion was accepted as a friendly amendment and the main motion as made was with the addition of a one year sunset clause. He stated staff would come back with that language and would ask other cities what they did for enforcement when it came back for the second reading.
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 8 Director Jullie stated Council desired to change it to seven days versus the two days was what he heard consistently among the Council Members and would have more detail on how cities handed the situations on the second reading. Council Member Trepanier stated he didn t want it to go back to two days and would put both of them in there, one at two days and one at seven days. He stated that seven days was more flexible than two days. He stated that if the Council was going to do it, they had to acknowledge it would take more inspection time. He stated he understood it they could have it for three months and didn t have to be consecutive months. He asked about a situation, where someone used their three months and a hail storm hit. He suggested adding something that if an emergency situation came up that was another project that warranted a dumpster. He stated they would need to contact the department to take a look at it and a lot of times validated the request and needed to allow for that. Council Member Jordan stated he was unclear on voting for two days or seven days because the motion read two days and didn t believe the original motion said that and would like to make a motion. 7.1 MOTION JORDAN, SECOND GATES TO AMEND THE MOTION TO MAKE IT SEVEN DAYS. (Item (4)(b) of the ordinance) Council Member Trepanier and Mayor Lunde accepted the amendment to the motion as a friendly amendment to the main motion. Mayor Lunde stated there was now a motion with the addition of the a one year sunset clause and also changing it from two days to seven days. 7.1 VOTE ON THE MAIN MOTION PASSED UNANIMOUSLY. 7.2 Planning and Development Director Cindy Sherman, briefed on Moratorium Regarding New Religious Institutions in all Non Residential Zoning Districts and Directing a Study of the City s Official Controls Related to Religious Institutions. 7.2 MOTION TREPANIER, SECOND MATA, TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW RELIGIOUS INSTITUTIONS IN NON RESIDENTIAL ZONING DISTRICTS AND DIRECTING CITY STAFF TO CONDUCT A STUDY OF THE CITY S OFFICIAL CONTROLS RELATED TO RELIGIOUS INSTITUTIONS. MOTION PASSED UNANIMOUSLY. 7.3 Recreation and Parks Director Jon Oyanagi briefed Council on the Park Naming Policy and a request to name an area at the wheelchair softball field at Northwoods Park.
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 9 7.3 MOTION LUNDE, SECOND JORDAN, TO WAIVE THE READING AND ADOPT RESOLUTION #2013 161 NAMING THE THIRD BASE PLAYER S AREA AT THE WHEELCHAIR SOFTBALL FIELD AT NORTHWOODS PARK IN HONOR OF JON SPEAKE. MOTION PASSED UNANIMOUSLY. 8.1 Recreation and Park Director Jon Oyanagi briefed Council on the Golf Course Vision Setting. Council Member Gates stated he played at Brookland and there had already been some improvements and happy to see that. He stated he wanted to keep it as an entry level course and there were awesome programs available. He stated if the entry level golf course was advertised that it could bring people there and did not want to get rid of Brookland. Mayor Lunde stated he was confused about offering his vision before the community members were able to give their input. He stated he didn t want to cut the community out by Council giving their opinions first and swaying the community members input. Director Oyanagi stated the Council as the governing body should establish a vision and the public process would help establish the plan. Council Member Knight stated she wanted the input from the community Members before setting a vision. Council Member Jordan stated he felt Brookland was a very easy decision and felt most people wanted to go the way that Council Member Gates suggested. He stated that Edinburgh was very different and would like to hear what people had to say based on the options that came from the study. He stated he would like to attend the public meetings and questioned if the meeting could be moved to a Tuesday so he could attend. Director Oyanagi stated he thought a vision was needed to be in place before a strategic plan could take place. He stated a vision narrowed the focus and established a goal and the plan would follow. He stated a community visioning process could happen but it would delay the entire process. He stated that the entire community, everyone that attended prior meetings and declared interest would be invited. Council Member Mata stated he would like Brookland to remain a golf course and some improvements would be helpful. He questioned what had been done concerning the $3,000 of excessive wages being paid out that the study reported. He stated he wanted that issue addressed immediately and research needed to be done. Mr. Oyanagi stated no actual adjustments had been made but were trying to establish a plan and vision before moving forward to see how those issues could be addressed. He stated no decisions had been made as he needed the Council s input and vision before determining what was important and moving forward.
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 10 Council Member Trepanier stated that everyone was pretty much in agreement on Brookland and it should be a quality entry door to the game of golf. He stated Council should complete the action on Brookland and move on to Edinburgh. He questioned the same issue that Council Member Mata brought up concerning the budget and excessive money being spent. He stated he wanted to take public park off the table for Brookland and move forward with it being a golf course. 8.1 MOTION TREPANIER, SECOND JORDAN TO WAIVE THE READING AND ADOPT RESOLUTION #2013 162 SETTING THE VISION FOR BROOKLAND GOLF PARK BASED ON TONIGHT S DISCUSSION AS ENTRY DOOR TO GAME OF GOLF. MOTION PASSED UNANIMOUSLY. 8.1 Recreation and Parks Director Jon Oyanagi briefed the Council on the Edinburgh USA vision. Council Member Mata stated that his vision for Edinburgh was to remain a high Championship Golf Course. He stated he wanted to do things to improve it such as the tee it forward program, updated tee reservation software, better marketing plan, and overall better technology. He questioned what the debt service forgiveness and the chargebacks were. Mr. Oyanagi stated the debt service forgiveness was the payments the city was making for the purchase of the Triangle Property for improvements to the course and the chargebacks were what all departments paid back for ITS, finance, maintenance, vehicles, etc. Council Member Mata stated he didn t think the city could afford to redo the entire clubhouse but it could have a drop off area for clubs that would be beneficial. He stated the tree and brush maintenance should be looked at as suggested in the overview. Council Member Trepanier agreed with Council Member Mata but thought there was a third choice of maintaining a high quality course while removing some items without impacting the play of a high quality golfer. He stated he agreed with the debt forgiveness but questioned the chargebacks and the wage issues also needed to be solved. Mayor Lunde agreed to go with the vision of a high quality golf course. He stated that after speaking with families that had been there since the golf course was built realized its significance and needed to reinvest and redesign it to keep it in the city because it was a huge asset. He stated home values around the golf course were very significant and the city depended on those values. He stated everyone should be involved and the homeowners that identify with the golf course needed to take part in the process. He stated it was a specific actionable item that was happening and needed to change the direction of the course. He stated he was fine putting everything on the table for possibilities and if the Council wanted a championship golf course, the city needed to spend money wanted to let the community decide what to do.
BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 23, 2013 Page 11 Council Member Jordan asked where the next closest Robert Trent Jones golf course was located and true golfers appreciated his courses and there was one in the City. He stated the Council needed to save that treasure and rekindle the love for the course. He stated he wanted to look at the lease options and wanted it to be presented to the residents so they knew there were options. Council Member Trepanier agreed with Council Member Jordan but thought there were things that could be done without ruining it for a high quality golfer and in this situation thought there were many options. 8.1 MOTION TREAPNIER, SECOND LUNDE TO WAIVE READING AND ADOPT RESOLTION #2013 162 SETTING THE VISION FOR EDINBURGH USA BASED ON TONIGHT S DISCUSSION RETAINING A HIGH QUALTIY CHAMPIONSHIP LEVEL COURSE. MOTION PASSED UNANIMOUSLY. Mayor Lunde asked if there was a way to get the people living around the courses involved along with the Associations and IT would be good if they were in attendance. 9A COUNCIL MEMBER REPORTS AND ANNOUNCEMENTS None. 9B CITY MANAGER REPORTS AND ANNOUNCEMENTS Acting City Manager Davis stated it was one of his last Council meetings and as Police Chief had been an honor and privilege to serve the last five years as Chief of Police and in the city he had been living for 18 years. He stated he would stay connected with the city because his daughter owned a house in the city. He stated that three of the Council Members had been on the journey with him for the past five years and would agree on making strides and did some things that made the city better in a lot of different ways. He encouraged the city stay the course and believed Brooklyn Park had the best Police Department in the State of Minnesota. He stated it was due in part to ingenuity of staff and the continued Council support that allowed them to do some things that other cities hadn t been able to sustain. He thank the Mayor and Council for the relationships and he would be back to visit. Mayor Lunde stated that on behalf of the City he thanked Chief Davis for serving tonight as acting city manager and all he had done. He stated he felt good about and discussed with the Chief on being able to promote officers in the Police Department he knew met the vision that he had laid out for the Police Department and having met those police officers those visions were the same as Police Chief Davis. ADJOURNMENT With consensus of the Council, Mayor Lunde adjourned the meeting at 8:48 p.m.
DEVIN MONTERO, CITY CLERK JEFFREY JONEAL LUNDE, MAYOR