REGULAR BROOKLYN PARK CITY COUNCIL MEETING

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Monday, September 28, 2009 Brooklyn Park Council Chambers

7:00 p.m. 5200 85th Avenue North

Greetings to the City Council (DVD) – Aaron Mauer CALL TO ORDER - Mayor Lampi

PRESENT: Mayor Steve Lampi; Council Members Rich Gates, Jeff Lunde, Peter Crema, Jeanette Meyer, and Mike Trepanier; City Manager Jamie Verbrugge; City Attorney Jim Thomson; Community Development Director Robert Schreier; Finance Director Cory Kampf, and City Clerk Devin Montero.

ABSENT: Dean Heng (excused)

Mayor Lampi opened the meeting with the Pledge of Allegiance. 2A City Manager Verbrugge stated that responses were made to:

 Mr. Darin Swanberg relating to temporary signage at 85th and Xylon Avenues  Ms. Theresa Hill and Mr. Boyd Morson relating to the shooting at Blondies

3A MOTION MEYER, SECOND GATES TO APPROVE THE AGENDA AS SUBMITTED BY THE CITY CLERK. MOTION PASSED UNANIMOUSLY.

3B1 Mayor Lampi presented a plaque to outgoing Charter Commissioner Lona Schreiber for her contributions to the Commission.

3B2 Community Development Director Robert Schreier and Mr. Joseph Gladke Hennepin County, gave an update on the Bottineau Boulevard Transit.

3B3 Planning Director Cindy Sherman briefed Council on a resolution proclaiming a partnership with the 2010 Census.

3B3 MOTION LAMPI, SECOND MEYER TO WAIVE THE READING AND ADOPT RESOLUTION #2009-152 PROCLAIMING BROOKLYN PARK A 2010 CENSUS PARTNER. MOTION PASSED UNANIMOUSLY.

4.0 MOTION MEYER, SECOND GATES TO APPROVE THE FOLLOWING ADMINISTRATIVE CONSENT ITEM:

4.1 TO RELEASE THE REMAINING CASH BOND ($5,000) AND ENGINEERING ESCROW ($3,000 FOR SATISFACTORY COMPLETION OF THE “M & I BANK” PROJECT #06-131 LOCATED AT 9600 COLORADO LANE N FOR UNITED PROPERTIES AND M & I BANK.

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BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 28, 2009…Page 2 4.1 TO REDUCE THE CASH BOND ($13,500) TO $5,000 AND REDUCE THE ENGINEERING ESCROW ($16,568) TO $2,000 FOR SATISFACTORY PROGRESS OF THE “3R’S DEVELOPMENT CENTER” PROJECT #08-105 LOCATED AT 4900 85TH AVENUE N FOR DALE DINGMAN CONSTRUCTION.

4.2 TO AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN THE MONUMENT EASEMENT AND MAINTENANCE AGREEMENT FOR THE OXBOW CREEK NEIGHBORHOOD MONUMENT SIGN AT OXBOW CREEK DRIVE AND TOLEDO DRIVE NORTH.

MOTION PASSED UNANIMOUSLY.

6.1 Planning Director Cindy Sherman and Planning Commissioner Anh Nguyen briefed Council on the Conditional Use Permit for grading work at the Edinburgh Centre at 8555 Edinburgh Centre Drive.

6.1 MOTION TREPANIER, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION #2009-153 APPROVING CONDITIONAL USE PERMIT #09-111 FOR GRADING WORK AT EDINBURGH CENTRE. MOTION PASSED UNANIMOUSLY. 6.2 Planning Director Cindy Sherman and Planning Commissioner Anh Nguyen briefed Council on the rezoning zoning code text amendment and site plan review to allow the operation of a 60 child daycare/preschool facility at the Riverview United Methodist site at 2100 93rd Way North. 6.2 The following individuals addressed the Council:

 Lu Ann Becker-Stated she opposed the rezoning of the residential area and opposed the amended text on public institution to the code. She stated the current location didn’t fit the zoning and there were plenty of empty mini malls to relocate it. She stated she talked to all of the residents in neighborhood and got 60 signatures to not rezone the property and submitted a petition to the City Clerk.

6.2 MOTION MEYER, SECOND LUNDE TO ACCEPT THE PETITION. MOTION PASSED UNANIMOUSLY.

The following individuals addressed the Council:

 Bill Croteau, (Applicant)-Stated they had been leasing from United Methodist Church and had existed in the neighborhood unknown to many people until the rezoning issue came up. He stated he would like to continue the operation. He stated he would be willing to work with the neighbors and some expressed interest to purchase the land to extend their back yards. He stated the traffic would not be an issue. He stated that he would stagger the use of Willowstone park by the children and never had been a problem.

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BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 28, 2009…Page 3

 Rachel Morey, Pastor, United Methodist Church, stated the church would cease operating in 2010 due to the site not being useful for the ministry and had discussions about the daycare and in support of the rezoning.

 Jennifer Haack-Stated the preschool was unique to the area because of the location and in favor of the amendments to the zoning.

 Lisa Neadershiser-Stated she was in support of the rezoning.

 Heather Schrader-Stated she was in favor of changing zoning to allow it to continue its operations. If it is rezoned it will be taxable property for the city and would be

maintained and occupied otherwise the building would be empty.

 George Krasean-Stated it was the best use of the building and surrounding area and in favor of the rezoning. He stated more traffic would be produced if 12 homes were added to the site and asking Council to vote yes for the preschool to continue providing quality education.

Discussions were held on: If property was sold to a developer it would add 7 to 20 homes and added traffic; selling land to the homeowners a good idea; applicant to purchase play equipment to not overwhelm the use of the equipment at the park; the tax exempt property would be put back on the tax rolls; it was not good public policy to change a code to fit one business; could end up with a commercialized daycare business if Highpointe ceases to operate; no guarantees on what goes in next; T.H. 610 didn’t change the use; impact throughout city on the rezoning; proposals of comprehensive plan modifications to rezone church sites to Public Institutions; many church sites zone Residential; and how Metropolitan Council looks at developable land-St. Gerards Church is counted towards developable land.

City Attorney Thomson stated the staff report indicated the property was currently guided for Residential Use but in the 2008 Update it was guided for Public Institution and recalled the recent discussion held on the cell tower issue that came up was the Comprehensive Plan and zoning that needed to be consistent. He stated Council could change one or could change the other but they needed to be consistent.

He stated if Council went forward with the current proposed Comprehensive Plan amendment on the property and going to rezone it, it would be rezoned Public Institution. He stated under the current code, churches are allowed in that zoning district, schools are but daycares were not. He stated if Council was trying to have a discussion just on the general policy issue the proposed text amendment adds daycares and preschools to the Permitted Uses. He stated the current Permitted Uses were public and private, primary and secondary schools; colleges, universities, trade schools, government buildings; religious institutions, and nonprofit community agencies. He stated from a land use perspective and policy perspective what Council should be focusing on was the land use, daycares, similar to other ones already in the code. He stated if it was and felt

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it was, then it was appropriate to amend the code but if Council didn’t feel it was, then it was not appropriate to amend it. He stated the question was: Is it appropriate to amend the zoning code because this land use which is being proposed has similar characteristics of the other land uses in this district?

Other Discussions: Appropriate to rezone churches to PI in the city because of being on a major collector street; United Methodist Church location does not meet current code; and limiting the number of students allowed.

City Attorney Thomson stated as part of site plan resolution which would be recorded against the property was a reasonable condition if Council felt the site was only capable of handling up to a certain amount of people because of land use impacts on the neighborhood or size of the

building. He stated it was an appropriate condition the Council could add to the site plan resolution but not to the rezoning.

6.2 MOTION GATES, SECOND TREPANIER, TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE AMENDING SECTION 152.433 OF CITY CODE ADDING DAYCARES AND PRESCHOOLS AS PERMITTED USES WITH THE PUBLIC INSTITUTION ZONING DISTRICT. MOTION PASSED. (4 TO 2) MEYER AND LUNDE VOTED NO.

6.2 MOTION GATES, SECOND CREMA TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE AMENDING CHAPTER 152 OF CITY CODE

REZONING PROPERTY AT 2100 93RD WAY NORTH FROM R3 TO PI. MOTION PASSED. (4 TO 2) MEYER AND LUNDE VOTED NO.

Council Member Lunde stated that when the ordinance came back regarding the Public Institution the Comprehensive Plan should be addressed.

Council Member Trepanier stated the addition of the playground equipment to the church should be phased in.

7.1 Community Development Director Robert Schreier briefed Council on the Community Development temporary staff addition.

7.1 MOTION MEYER, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION #2009-154 AUTHORIZING A NEW, TEMPORARY FULL-TIME, BENEFITED POSITION IN COMMUNITY DEVELOPMENT FOR FORECLOSURE RECOVERY EFFORTS TO BE FUNDED WITH GRANTS. MOTION PASSED UNANIMOUSLY.

7.2 Operations and Maintenance Superintendent Jon Watson briefed Council on the change order for special foundation work at the water treatment plant for Knutson Construction Services.

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7.2 MOTION MEYER, SECOND GATES, TO CONTINUE TO OCTOBER 5, 2009. MOTION PASSED UNANIMOUSLY.

8.1 Recreation and Parks Director Jon Oyanagi briefed Council on naming a trail loop in honor of Mr. Edward D. Shimek.

Discussions were held on: The name identified by a plaque on trail head; city having a lot of trails and trails could be segmented with different names; dedicating a tree instead; and how the naming was done and what the expectations were.

8.1 MOTION LUNDE, SECOND GATES, TO WAIVE THE READING AND ADOPT RESOLUTION 2009-155 NAMING A TRAIL LOOP WITHIN THE ENVIRONMENTAL NATURE AREA AFTER EDWARD D. SHIMEK.

8.1 MOTION MEYER, SECOND LUNDE TO MAKE AN AMENDMENT TO THE MOTION TO SUBSTITUTE THE NAMING THE TRAIL LOOP TO PLANTING A TREE AND

CONSTRUCTING A PERMANENT MARKER OF DEDICATION.

8.1 VOTE ON AMENDMENT FAILED. (2 TO 4) CREMA, GATES, LAMPI, AND TREPANIER VOTED NO.

8.1 VOTE ON THE MAIN MOTIONPASSED UNANIMOUSLY.

8.2 City Manager Verbrugge briefed Council on the ordinance eliminating the Department of Engineering and Building Inspections and revising duties of Community Development and Operation and Maintenance.

8.2 MOTION MEYER, SECOND GATES TO ADOPT ON FIRST READING AN

ORDINANCE ABOLISHING THE DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS AND AMENDING CHAPTERS 39 AND 40 OF THE CITY CODE REVISING THE DUTIES OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND THE OPERATIONS AND MAINTENANCE DEPARTMENT. MOTION PASSED

UNANIMOUSLY.

9A Council Member Reports and Announcements

Council Member Meyer stated some Council Members and staff attended a ground breaking ceremony for the Hennepin County Clinic and the corner of Zane Avenue North and Brooklyn Boulevard would not longer be empty.

City Manager Verbrugge stated the project had been proposed since Community Development Director Schreier had been at the city and the community would have great satisfaction at the attractive development in that corner and commended Community Development Director Robert Schreier and his staff for all of their work.

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BROOKLYN PARK COUNCIL MEETING; SEPTEMBER 28, 2009…Page 6 9B City Manager Reports and Announcements

City Manager Vebrugge stated the Council and Community were aware of an extremely

unfortunate event last week in terms of a violent crime where three members of the community were victimized by a group of individuals who have been since arrested. He stated two were African America and were the subject of some extremely disturbing and unacceptable racial discrimination. He stated the assailants were in custody because the police department did a fantastic job of responding to the call finding the individuals in the act of the serious crime. He stated staff had been working for some time with the Human Rights Commission on developing a bias crime policy and were prepared to bring the policy to Council next month.

He stated he wanted the community to understand the city was prepared to address the issue as a Council, staff, and as a community. He stated there would be a meeting on Thursday afternoon and had publicly noticed it and was not a formal meeting of the Council or Human Rights Commission but in the event a majority of the body wished to be there.

He stated staff would be contacting leadership in the faith community, various community organizations that represent the minority population and people of general interest in improving the community to talk about the draft bias crime policy and how that process would work with the Human Rights Commission.

He stated that with the Commission’s cooperation and collaboration they would be good partners in administering the policy when the city recognized hateful speech or bias motivated actions in the community that as a community the city was prepared to address the issue head on with no tolerance what so ever. He also wanted everyone to know the assailants were from a different community.

ADJOURNMENT - With consensus of the Council, Mayor Lampi adjourned the meeting at 9:32 p.m.

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STEVE LAMPI, MAYOR

_____________________________ DEVIN MONTERO, CITY CLERK