REGULAR BROOKLYN PARK CITY COUNCIL MEETING Monday, March 25, 2013 Brooklyn Park Council Chambers 7:00 p.m. 5200 85th Avenue North CALL TO ORDER Mayor Jeffrey Lunde PRESENT: Mayor Jeffrey Lunde; Council Members Rich Gates, John Jordan, Peter Crema, Bob Mata; City Manager Jamie Verbrugge; City Attorney Melissa Manderschied; Community Development Director Jason Aarsvold; Finance Director Cory Kampf, and City Clerk Devin Montero. ABSENT: Elizabeth Knight (excused) and Mike Trepanier (excused) Mayor Lunde opened the meeting with the Pledge of Allegiance. 2A RESPONSE TO PRIOR PUBLIC COMMENT None. 2B PUBLIC COMMENT None. 3A MOTION GATES, SECOND CREMA TO APPROVE THE AGENDA AS SUBMITTED BY THE CITY CLERK. MOTION PASSED UNANIMOUSLY. 3B1 Mayor Lunde presented plaques and thanked out going Commissioners for their contributions to the City of Brooklyn Park. 3B2 Ms. Denise Butler and David Wilson, ACER Inc., gave a presentation on the community based initiatives they were doing. 4.0 MOTION GATES, SECOND CREMA TO APPROVE THE FOLLOWING ADMINISTRATIVE CONSENT ITEM: 4.1 TO APPROVE A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR THE BROOKLYN PARK LIONS FOR THE 51ST ANNUAL SMELT FRY TO BE HELD AT THE BROOKLYN PARK NATIONAL GUARD ARMORY, 5500 85TH AVENUE NORTH, ON APRIL 25 27, 2013. 4.2 TO RELEASE THE ON SITE LETTER OF CREDIT #04 12 ($275,500) ISSUED BY NORTHEAST BANK FOR THE LIVING WORD PARKING LOT EXPANSION PROJECT #12 001 LOCATED AT 9201 75TH AVENUE NORTH FOR LIVING WORD CHRISTIAN CENTER. 4.3 TO WAIVE THE READING AND ADOPT RESOLUTION #2013 42 AUTHORIZING STAFF TO ENTER INTO A TWO YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 2 TEAMSTERS POLICE NON LICENSED EMPLOYEES UNION, LOCAL NO. 320, FOR 2012 AND 2013. 4.4 TO SET A PUBLIC HEARING ON APRIL 22, 2013, TO CONSIDER THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE FOR MARIA SALAZAR DOING BUSINESS AS FIESTA CANCUN MEXICAN GRILL & BAR LOCATED AT 1408 85TH AVENUE NORTH. 4.5 TO APPROVE THE RECOMMENDATION NOT TO WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 FOR LIABILITY COVERAGE FOR THE BROOKLYN PARK DEVELOPMENT CORPORATION. MOTION PASSED UNANIMOUSLY. 6.1 Planning and Development Director Cindy Sherman briefed Council on the code amendment allowing religious institutions to have Farmers Markets. Council Member Gates stated he would not be voting for it. He stated he had several emails and phone calls from residents who lived outside the notification circle and didn t know about it. He stated they were concerned with the traffic on 82 nd Avenue, the parking overflow and would not vote for it mainly for the traffic issues. 6.1 MOTION LUNDE, SECOND CREMA TO WAIVE THE READING AND ADOPT ON SECOND READING ORDINANCE #2013 1155 AMENDING SECTION 152.181 OF CITY CODE PERTAINING TO RELIGIOUS INSTITUTIONS. MOTION PASSED. (4 TO 1) GATES VOTED NO. 6.2 Planning and Development Director Cindy Sherman briefed Council on the preliminary plat to subdivide property into six single family lots at NE corner of 101 st Avenue North and Fallgold Parkway North. 6.2 MOTION GATES, SECOND JORDAN TO WAIVE THE READING AND ADOPT RESOLUTION #2013 43 APPROVING PRELIMINARY PLAT #13 100 FOR HIDDEN TRAILS ESTATE SUBDIVIDING 2.51 ACRES INTO SIX SINGLE FAMILY LOTS AT THE NORTHEAST CORNER OF 101 st AVENUE AND FALLGOLD PARKWAY. MOTION PASSED UNANIMOUSLY. 6.3 Planning and Development Director Cindy Sherman briefed Council on the amended Conditional Use Permit to change the location of the Flower Mart at 8505 8535 Edinburgh Centre Drive North. Councilmember Gates asked if the applicant had to come back every year for permission on it.
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 3 Planning and Development Director Sherman stated it was changed a number of years ago and as long as staff didn t have issues, once they were granted the conditional use permit they were functional and operational and didn t have to come back. Council Member Gates stated there were parking requirements for the grocery store and the Dollar Tree store and needed a certain amount of spots. He stated the Linders store was taking up parking spots and asked if that would create a problem or was it based on what was in the unit. Planning and Development Director Sherman stated the parking was adequate at the facility and staff was not concerned about the amount of parking stalls on the property. She stated it was more of an issue of visibility for a user that would go into the site than parking. Council Member Crema stated he would like to make it a one year conditional use permit. He stated that coming in from across the gas station people didn t pay attention and would now be looking at Linders plants and was worried about the congestion in the area. He stated he would like to see a test and put it closer to the edge and if it was not the best location move it next year. He asked if there was any issue about the visibility being in the location with turn lanes and stop signs leaving the grocery store parking lot and if the engineers looked at it. Planning and Development Director Sherman stated the Engineers did look at it and there were about 20 spaces back from the intersection and was adequate spacing to give people the chance to transition back to traffic. She stated it was Council s prerogative if they wanted to put a condition that said it shall be reviewed in one year. She stated that in one year if there hadn t been any issues then they could do it as a more permanent solution. 6.3 MOTION CREMA, SECOND GATES TO WAIVE THE READING AND ADOPT A RESOLUTION #2013 44 APPROVING A ONE YEAR CONDITIONAL USE PERMIT FOR ADDITIONAL LOCATIONS FOR A SEASONAL GREENHOUSE AT 8505 8535 EDINBURGH CENTRE DRIVE NORTH. Mayor Lunde asked Council Member Crema if he intended it to come back for review or just have staff review it and bring it back. Council Member Crema stated he intended it to come back for Council review and would be the best choice. Planning and Development Director Sherman suggested it not be a one year conditional use permit but adding a condition to the conditional use permit that it would be reviewed in a year.
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 4 Council Member Crema stated that was what he meant and accepted it as a friendly amendment. Mayor Lunde asked the seconder if he would accept it as an amendment to the motion. Council Member Gates stated he would accept the amendment. City Attorney Manderscheid asked for a point of clarification. She asked if Council Member Crema was seeking to add the condition that the one year review would only be required if they selected Option A. Council Member Crema stated yes. 6.3 VOTE ON THE MOTION PASSED UNANIMOUSLY. 6.4 Planning and Development Director Cindy Sherman briefed Council on the Menards rezoning for Planned Development Overlay to reconstruct the store at 7800 Lakeland Avenue North. She provided details on the proposed modifications. She stated if the applicants went with the front of seven foot of stone asked they would not have outside displays. She stated historically, they had been allowed to have it in the front of their store from a grandfathered clause or original conditional use permit, but unclear because staff didn t allow Fleet Farm or Home Depot to have anything displayed outside. She stated that Home Depot got a special events permit to have their flowers out in the spring for a brief period of time and when they added their garden center that was to eliminate all outside storage they had. She stated staff s recommendation and included in the staff report was to not allow any outside displays in the front walk area but to keep it open. She stated the other condition she wanted to point out was in the resolution a condition that was carried over and had been addressed. She recommended removing condition #7 and the other issue she wanted to clarify was a condition regarding the existing Batteries Plus in condition #13 that said it must be finished in a brick veneer to match the existing brick on the façade wall. She stated it was a rock face block building and would like to take out the brick and say it must match the other walls. She stated staff wanted to clarify it and didn t expect them to put brick on one wall if everything else was rock face block. She stated that condition #13 could say to be finished to match the other walls or Must be finished to match the existing wall on the west side. Mr. Tyler Edwards, Menards stated the modifications were made and could probably live with all of the conditions with the exception of condition #6, the jog in the drive in front of the store.
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 5 He stated in talking with the Planning staff it was a city Traffic Engineer condition that Planning staff couldn t redact but the Council could. He stated the reason he asked that it be taken off the condition list was because it was in a ton of stores. He stated he checked with his legal staff and had zero accidents and was part of how the store stuck out with the garden center parking and would just get kind of weird and different without it Council Member Gates thanked Mr. Edwards because of the modifications and was enough to make it look different and added a break up to the front of the building. He stated he had no problems with the back wall because it would not be seen with all of the trees and shrubs and would approve it. He asked Planning Director Sherman if there would be a problem with condition #6 coming out. Planning and Development Director Sherman stated that it came from the Traffic Engineer and was a private parking lot and was not a public road. She stated the Traffic Engineer was just concerned about the flow of traffic within the site and wouldn t question his need for it. Planning and Development Director Sherman stated in order to move ahead Council would have to vote on both motions, one was for rescinding the conditions that were approved in December and the other was the second reading for rezoning. Mr. Edwards commented on Condition #15, relating to the outdoor storage. He stated the intent was not to sell things outside and not to have outside storage like they had today and other competitors. He stated what they did on Saturday afternoons would roll out carts with hanging baskets out in front of the garden center doors and leave it there. He stated sometimes in the summer they would roll out one of the big ATVs that were for sell and put in front of the doors to get more exposure. He stated that if Council wanted to limit it to that, was fine and was an occasional event and maybe put those conditions there to limit it to those two items. Planning and Development Director Sherman stated that the propane tank exchange was allowed and why it was listed in the conditions. She stated on the other items if Council wanted to allow certain kinds of things, she would put a height restriction on it. She stated the intent of not allowing anything was so that they could see the seven foot of stone added and maybe limit to three foot of height only to so many feet of the front of the building within so many feet of the door. She stated she would request the Council limit it just so not to end up with all along the front of building having things outside. She stated there provisions in the code that said they had to maintain a four foot sidewalk regardless of what action Council would take. Community Development Director Aarsvold stated it was also the ability to enforce whatever provisions were written in the conditional use permit because it became difficult for Code Enforcement staff when they were out trying to decide if it constituted a violation of the CUP or not. He stated staff s preference was to leave it the way it was and Menards might be able to
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 6 do the kind of things Mr. Edwards was talking about by the way Home Depot did through a special events permit and allow it for a short period of time but not by right in a CUP. Planning and Development Director Sherman the B3 Zoning district only allowed outside storage in the rear side of the building and didn t allow it in the front. She stated that was why Fleet Farm and Home Depot didn t have anything in the front of the buildings. Mayor Lunde stated he would rather keep it consistent with the other stores as long as they had an avenue if they want to do things they could go through a process to get it done. Mr. Edwards stated that if anyone drove by any Menards stores, short of the older stores there was no storage out in front of the stores only the two items, 4 wheeler and hanging basket cart. He stated some of the other stores had concrete blocks on display out front but if that was going to cover up the pretty sienna block was something they could live with. He also stated if Council wanted to limit it to a 8x8 square feet by the garden center entrance would not be a problem. Council Member Mata asked Mr. Edwards if the CUP would work for him and asked if Home Depot putting flowers out front was in their CUP. Planning and Development Director Sherman stated Home Depot had a CUP that said no outside storage and they would get a special events permit for weekends from Memorial Day to the 4 th of July or some time frame like that to have flower cart out in front of the store. Council Member Mata asked Mr. Edwards if that would work for him. Mr. Edwards stated it would work and would come back for the special events permit. Council Member Jordan stated the previous vote was not a no but was postponement of a yes in hopes of working it out and happy it happened. He asked what the plans were now for the timing and if he had something to announce on it. Mr. Edwards stated he would like to start out with an apology if anyone felt bullied and pressured into an imaginary time line. He stated it was just to get the store done this year and they knew what they could do and he was just trying to get it done. He stated now they would revisit it later in the year and no immediate plans to build the store this year, next year or any year after. He stated each year they would revisit them in the summer time and see what s there for the next year s construction budget and timing. He stated he would let the Council know when they would come back and say this is the year to build it. Council Member Jordan stated he had no less than dozen people tell him that the Menards staff had told them they were looking at other locations and asked Mr. Edwards if it was true on not
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 7 true. He stated that information came from the store managers and had people working there call him on why he voted that way because they were worried of losing their jobs. Mr. Edwards stated that as far as Menards staff looking for other locations in Minnesota, he was the Menards staff that would be looking for other locations and was not true. He stated he wouldn t come to the Council once a month if they were trying to look somewhere else. 6.4 MOTION GATES, SECOND JORDAN TO RESCIND RESOLUTION #2012 237 AND WAIVE THE READING AND ADOPT RESOLUTION #2013 45 APPROVING A CONDITIONAL USE PERMIT FOR A RETAIL USE OVER 50,000 SQ. FT.; MULTIPLE PRINCIPAL STRUCTURES ON A LOT; AND OUTDOOR SALES, DISPLAY, AND STORAGE WITHIN THE ENCLOSED YARD AT 7800 LAKELAND AVENUE NORTH. Planning and Development Director Sherman asked for a clarification of the motion that it was with the changes Council discussed in the resolution, removing Condition #6 and Condition #7 and modifying Condition #13. She asked the Council Members if they agreed that was part of the motion. All agreed. Mayor Lunde asked if that didn t touch on the outdoor sales that was discussed earlier. Planning and Development Director Sherman stated that Mr. Edwards said they would go through a special events permit. She stated if that worked out well they could always come back to amend the conditional use permit. Mayor Lunde stated he wanted to keep it consistent if given to one it was given to all and were competitors. He stated there was a motion made and also removed Conditions #6 and #7 and revised Condition #13. 6.4 THE VOTE ON THE MOTION PASSED UNANIMOUSLY. 64. MOTION GATES, SECOND JORDAN TO WAIVE THE READING AND ADOPT ON SECOND READING ORDINANCE #2013 1156 AMENDING CHAPTER 152 REZONING PROPERTY TO GENERAL BUSINESS DISTRICT (B3) WITH PLANNED DEVELOPMENT OVERLAY (PDO) AT 7800 LAKELAND AVENUE NORTH. MOTION PASSED UNANIMOUSLY. 7.1 Recreation and Parks Director Jon Oyanagi briefed Council on the Brookland Golf Park Fairway Mower. 7.1 MOTION GATES, SECOND CREMA TO WAIVE THE READING AND ADOPT RESOLUTION #2013 46 TO AUTHORIZE THE PURCHASE OF A FAIRWAY MOWER FOR BROOKLAND GOLF PARK FROM
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 8 MTI DISTRIBUTING IN THE AMOUNT OF $28,117.18. MOTION PASSED UNANIMOUSLY. 8.1 Mr. Tait Turnquist, Tater Daze Chair and Antonio Smith, Tater Daze Committee Member, briefed Council on the 2013 Tater Daze Community festival. He stated Tater Daze would be advertised with signs throughout the city; Tater Daze guides going out and Park Pages spring edition going out to all households. He stated some of the highlights were: Thursday night would have a meet and greet new connect area at for new and existing residents to meet each other and talk about the community. He stated Saturday was their big day because the parade was moved to Saturday at noon and would be the big signature day for Tater Daze. He stated in the morning would have a pancake breakfast, spud run, kiddie parade, and dress tater contest. He stated the date of the parade was discussed and Thursdays had traffic problems, because people would rush to get to the parade. He stated the Brooklyn Park Diversity Team was hosting a World s Fair with some cultural and ethnic groups coming in and having crafts and food from 3 p.m. to 8 p.m. He stated there would be a wellness event on Sunday morning for the community and the carnival. At 8:15 p.m. City Attorney Manderscheid departed. Mr. Smith stated the Sunday events would have a wellness health expo and having a large fitness company coming in to help with activities; boot camp; circuits outdoor and exercise classes. He stated from 9 a.m. to 10 a.m. would have a panel discussion on diet nutrition exercises, at 11 a.m. a question and answer session. He stated there was another group coming in to help the seniors and others that had limited capabilities with activities and discussion panel too. Council Member Crema stated he liked the wellness concept and asked if they tried to communicate or partner with the Brooklyn Park Athletic Association and have a presentation or discussion on how to train young athletes. He stated there were many kids that played baseball, softball, and football and might get more families at Tater Daze to talk about their kids not over using themselves or end up out of their sports at 14 years old because of an injury; Mr. Turnquist stated there were a lot of different things and something for everyone. He stated the team was working very hard with sponsorships and fund raising and were doing better than last year on the fund raising efforts with getting businesses involved. Council Member Gates stated that moving the parade to Saturday was wrong because Thursday had been the traditional day and moving the parade route backwards was also wrong. He stated ending the parade at the Tater Daze site was better. He stated the parade should be in
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 9 the southern part of the city because there would be more logistical nightmares trying to get everyone set up at the site while having a carnival going on. He asked how they were going to get more people from the southern part of city to the site without transportation. Mr. Turnquist stated they didn t do the transportation because it would incur costs and was trying to be fiscally responsible this year with Tater Daze. Council Member Gates asked about the cost of the carnival rides because he heard for the last 2 years they were high even for a kids ride. Mr. Turnquist stated they were on a contract with the carnival for another year and the vision of the Tater Daze team was to get away from it. He stated it was nice to have but could do a lot better with more family events. He stated this year they would have an area for family games, sack races and potato launches that wouldn t cost that much and would be scaling down the carnival this year. He stated the Tater Daze team was having discussions on the carnival and next year would be the 50 th year anniversary and wanted to have something different other than a big carnival to entertain the residents. Council Member Gates thanked the committee for their new ideas and stated he wanted to see a more accurate account of people that were actually there on daily basis. He stated with the parade not being on Thursday also wanted to see the numbers for that day and part of the reason of having it on Thursday was when the parade ended it brought people in to the festival. Council Member Jordan thanked the committee for their hard work and the Saturday parade was wonderful change and would bring an opportunity to create the signature day with bringing more people out, making it huge than in past and could be the most attended day in years. He asked how the sponsorships were looking. Mr. Smith stated the sponsorships were very active and had a lot going on and with the Early Bird program had $9,000 in the account. He stated as of 2 weeks ago did have commitments from companies would see another $12,000 come in and the deadline for the commitments was April1, 2013. He stated there were about 15 companies they were trying to reach out to and some had sponsored them in past. He stated that in addition to dollars, the In kind contributions was significant and excited of some of the businesses in the community and outside the community willing to support and had strong interest in being a part of Tater Daze. He stated that on Thursday night there was an activity with inviting neighbors and already had a commitment from one Council member to appear Thursday night so the neighbors and residents could meet the Council. He asked for a commitment from the other Council Members to spend a half hour or an hour to meet and greet those in the community.
BROOKLYN PARK COUNCIL MEETING; MARCH 25, 2013 Page 10 Council Member Mata stated he applauded the efforts in being innovated and getting it done. He asked if they had contacted church groups on the busses and the First Student Company in the city that might be willing to furnish buses in the south end of the city to bring themto Tater Daze and back. He stated he would be willing to meet and greet residents on Thursday night too. Mayor Lunde thanked the Tater Daze volunteers and said it was the largest group of volunteers for any event. He stated the reason it was moved north was because of money and Council had said they wanted Tater Daze to be more self sufficient. He stated a few years ago a survey was done of other cities and found how the cities funded festivals were different. He stated Tater Daze was transparent as they could be even if it was city staff, the city was charged to pay for the city staff and other cities didn t. He stated the cost was covered by Tater Daze even if it was an officer or someone from Operations and Maintenance to do some work was accounted for. He stated Council could say how much Tater Daze cost and other cities couldn t say how much it costs and actually factor in everything. He stated when Council said to be self sufficient, the Tater Daze Committee made decisions based on money and the Council was much to do on the decisions too. He stated he liked the Saturday parade because on Thursday night, had people and energy there and as soon as the parade was over they all went home after and didn t capture anything after the event. He stated having an event for the seniors was an awesome idea and was important. He stated he would commit to the Thursday event too. 9A COUNCIL MEMBER REPORTS AND ANNOUNCEMENTS None. 9B CITY MANAGER REPORTS AND ANNOUNCEMENTS City Manager Verbrugge thanked the Council Members who were able to attend last Friday s dedication ceremony of the Kakata Room at City Hall. He stated Senator Austin Cooper of Magebe County, in the Republic of Liberia and representatives of the Organization of Liberians in Minnesota attended and appreciated Council s leadership in making it happen. ADJOURNMENT With consensus of the Council, Mayor Lunde adjourned the meeting at 8:27 p.m. DEVIN MONTERO, CITY CLERK JEFFREY JONEAL LUNDE, MAYOR