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, October 24, 2016 Brooklyn Park Council Chambers 7:00 p.m th Avenue North CALL TO ORDER Mayor Pro Tem Rich Gates PRESENT: Mayor Pro Tem Rich Gates; Council Members Terry Parks, Peter Crema, Bob Mata and Mike Trepanier; City Manager Jay Stroebel; City Attorney Jim Thomson; Community Development Director Kim Berggren; Deputy Police Chief Mark Bruley, and City Clerk Devin Montero. ABSENT: Mayor Jeffrey Lunde (excused) Mayor Pro Tem Gates opened the meeting with the Pledge of Allegiance. 2A RESPONSE TO PRIOR PUBLIC COMMENT None. 2B PUBLIC COMMENT 1. Denise Butler, ACER. Housing conditions at Autumn Ridge Apartments. Read a petition and presented it to the Council. 2. Sebastian Rivera, representing Assembly for civil rights group. Addressed the Council on the housing conditions at Autumn Ridge Apartments. 2B MOTION CREMA, SECOND TREPANIER TO ACCEPT THE PETITON PRESENTED BY MS. BUTLER TO THE COUNCIL. MOTION PASSED UNANIMOUSLY. 3A MOTION CREMA, SECOND TREPANIER TO APPROVE THE AGENDA AS SUBMITTED BY THE CITY CLERK. MOTION PASSED UNANIMOUSLY. 4.0 MOTION CREMA, SECOND MATA TO APPROVE THE FOLLOWING ADMINISTRATIVE CONSENT ITEM: 4.1 TO WAIVE THE READING AND ADOPT RESOLUTION # TO AUTHORIZE A CONTRACT WITH HENNEPIN COUNTY FOR THE CONTINUED FUNDING OF THE JOINT COMMUNITY POLICE PARTNERSHIP. 4.2 TO WAIVE THE READING AND ADOPT RESOLUTION # AUTHORIZING THE ACCEPTANCE OF A BODY WORN CAMERA GRANT FROM THE UNITED STATES BUREAU OF JUSTICE ASSISTANCE. 4.3 TO SET A PUBLIC HEARING ON NOVEMBER 14, 2016, TO CONSIDER THE ISSUANCE OF AN OFF SALE INTOXICATING LIQUOR LICENSE FOR BROOKLYN PARK WINE & SPIRITS,

2 BROOKLYN PARK COUNCIL MEETING; OCTOBER 24, 2016 Page 2 LLC, DOING BUSINESS AS BROOKLYN PARK WINE & SPIRITS LOCATED AT 7944 BROOKLYN BOULEVARD NORTH. 4.4 TO ACCEPT WORK AND AUTHORIZE FINAL PAYMENT IN THE AMOUNT OF $110, FOR A TOTAL CONTRACT AMOUNT OF $2,137, TO PARK CONSTRUCTION COMPANY, INC. OF SPRING LAKE PARK, MN FOR CIP PROJECT NO , 2015 MUNICIPAL STATE AID (MSA) MILL AND OVERLAY, SUBJECT TO THE RECEIPT OF A ONE YEAR MAINTENANCE BOND. 4.5 TO WAIVE THE READING AND ADOPT RESOLUTION # ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR 2017 STREET RECONSTRUCTION PROJECT, CIP TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT NO , CIP TO SCHEDULE A SPECIAL MEETING ON NOVEMBER 10, 2016, AT 6:30 P.M. TO MAKE THE COUNCIL MEMBER APPOINTMENT TO FILL THE UNEXPIRED TERM OF COUNCIL MEMBER JORDAN. MOTION PASSED UNANIMOUSLY. 5.1 Operation and Maintenance Director Ruiz briefed the Council on the fee resolution amendments to the water utility rates and charges. Council Member Parks stated that social security was not going up, MNSure was going up by 25%, the Council raised the gas and electric bills by $7 each for the franchise fees and now were asking for more money. He stated that if he was to vote, he would vote for second option to give another year of relief because the Council gave the $300,000. At some point the Council needed to stop asking residents for more money. The city had fixed income and low income residents that were suffering and didn t want to be adding more to them. Council Member Trepanier stated there was the other side too. Expenses were not going down, and he didn t want raise rates but would vote to increase rates because the costs to the city just continued to rise. If the rates fell behind, then they would have to have a big jump all at once and the Council had to look at it long term. Council Member Crema stated that all of the budgetary issues were difficult. They could only control certain items and those were the expenses for the city on what they charged residents for taxes. He stated he voted no the last time when it came before Council because they just did the franchise fees, just did the budget which had an increase, and then were presented with the water bill. He stated he voted no to put $300,000 in and this year the Council was

3 BROOKLYN PARK COUNCIL MEETING; OCTOBER 24, 2016 Page 3 looking at an issue in advance. He stated those funds were going down and were not creating reserves to rebuild and replenish as they needed. He stated that they could add a buck a month to every one s bill but then needed to look at the total budget to see where they could save there. He stated that if he voted yes on it, he would ask where they could save a buck on something else. He was more inclined tonight to approve the middle option rather than first and any other options by the Council. He stated then they were taxing citizens the next year and the year after and not paying for it today. He stated that if he voted yes for increasing the rates, he would look to staff to figure out where to come up with savings somewhere else. Council Member Mata thought they already did that and said no to a rate increase for the water. He stated the Council was willing to take $300,000 out of the excess fees left over from last year and not raise rates this year for 2017 and consider maybe starting the increase the following year. The $125 a year increase on the water access charge that increased by 125 per year and $100 each year from 2018 to 2020 seemed like it was getting high. He asked what the rate was at now. Director Ruiz stated the Water Access Charge was $1,875 per WAC unit. He stated the Met Council set the number of units that would be applied to a business when it was expanding, being constructed and developed and that was how they applied their sewer access charge and the city piggy backed on that for the water portion of it. He stated that compared to other peer cities, were about $100 higher than Minnetonka, few hundred dollars higher than Plymouth, couple hundred dollars less than Maple Grove, $500 or $600 less than Champlin and Brooklyn Park was in the middle of those rates. Council Member Mata stated he would not vote for the increase for 2017 since the Council agreed to take the $300,000 for that increase and do nothing with the rates in He stated that if they had to increase the rates in 2018 he just wanted to see what happened when it came back. He suggested looking at the 5 year plan and revisit it next year and see where the city was sitting. If they had to pushout a project, then do it. They could only do what they could afford and couldn t be taking money out of the residents budget to put in the city s budget to do all the increases that were needed. He stated he would not vote for adding it this year since the Council already agreed to put money into it and couldn t see a reason to increase for Council Member Crema asked if the $300,000 was for 2016 or City Manager Stroebel stated the $300,000 went to the water fund, whether they considered it for 2016 or 2017, it was additional revenue into the fund itself. He stated they did not increase the rates in Mayor Pro Tem Gates opened the public hearing. 5.1 The following individuals addressed the Council None.

4 BROOKLYN PARK COUNCIL MEETING; OCTOBER 24, 2016 Page Mayor Pro Tem Gates closed the public hearing and returned it to the table for consideration. Mayor Pro Tem Gates stated it was never easy to raise anything, taxes or water fees. He stated it was a user fee and people didn t have to use water if they didn t want to, didn t have to water the yard, wash your car, take a shower or drink water at home. He stated that if someone wanted water to be available to their house, the city needed to be able to have the pipes underground to get it to the house. He stated he was okay with raising it.82 per month and understood those that were on a fixed income and with social security. He stated the budget came to the Council every year, whether it was benefits, insurance costs for employees, buying a new fire truck, everything cost more every year. He stated he was more inclined to go with the second option this year, which was the consensus of the Council. He asked Director Ruiz how he wanted the motion made regarding the second option. City Attorney Thomson stated the resolution in the packet would implement the first bullet point and to implement the second bullet point that would not change the current fees in Director Ruiz stated it would not change the current fee in 2017 in terms of the water usage fee which was what most residents paid. It would only increase the Water Access Charge, which was primarily commercial driven, and the irrigation fee, which was also primarily commercial driven. City Attorney Thomson stated that it would still require a resolution of the Council to change the current fee resolution. He stated that pursuant to the City Charter they would need four affirmative votes to pass any resolutions tonight. He stated that if the Council went forward with the second bullet point, recommended to put the staff s recommendation on the resolution as a motion and then amend it and make the change so that it only reflected the second bullet rather than the first. 5.1 MOTION CREMA, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION # TO APPROVE CITY CODE APPENDIX FEE RESOLUTION TABLE AMENDMENTS TO WATER UTILITY RATES AND CHARGES. 5.1 MOTION CREMA, SECOND GATES TO AMEND THE MOTION TO NOT INCREASE FIXED WATER FEE AND WATER USAGE FEE IN 2017 BUT TO INCREASE THE WATER RATES AS RECOMMENDED FOR WATER ACCESS CHARGE AND IRRIGATION IN 2017 THROUGH 2021 AND FIXED USAGE WATER RATES FOR Council Member Crema clarified that under the motion, the water usage fees were going to go up in 2018 through It was just deferred through VOTE ON THE AMENDMENT TO THE MOTION PASSED UNANIMOUSLY.

5 BROOKLYN PARK COUNCIL MEETING; OCTOBER 24, 2016 Page VOTE ON THE MAIN MOTION PASSED UNANIMOUSLY. 5.2 Assistant Finance Director Jeanette Boit Kania briefed the Council on the resolution giving approval to a proposed Housing Program and the issuance by the City of Apple Valley, Minnesota of its Senior Living Revenue Bonds (Minnesota Senior Living LLC Project), Series Mayor Pro Tem Gates opened the public hearing. 5.2 The following individuals addressed the Council None. 5.2 Mayor Pro Tem Gates closed the public hearing and returned it to the table for consideration. 5.2 MOTION PARKS, SECOND CREMA TO WAIVE THE READING AND ADOPT RESOLUTION # GIVING APPROVAL TO A PROPOSED HOUSING PROGRAM AND THE ISSUANCE BY THE CITY OF APPLE VALLEY, MINNESOTA OF ITS SENIOR LIVING REVENUE BONDS (MINNESOTA SENIOR LIVING LLC PROJECT), SERIES MOTION PASSED UNANIMOUSLY. 6.1 Planning Director Cindy Sherman briefed the Council on the Trails Edge Estate 5th Addition (Donald Renstrom, Jr.) Plat to Subdivide One Residential Lot into Two Lots at th Trail North. 6.1 MOTION CREMA, SECOND MATA TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING PRELIMINARY AND FINAL PLAT OF TRAILS EDGE ESTATE 5TH ADDITION SUBDIVIDING 1.1 ACRES INTO TWO SINGLE FAMILY LOTS AT TH TRAIL NORTH. MOTION PASSED UNANIMOUSLY. 6.2 Planning Director Cindy Sherman briefed the Council on the Midas Brooklyn Park, LLC Plat, Rezoning, and Conditional Use Permit # for two Hotels at 9400 West Broadway. 6.2 MOTION GATES, SECOND CREMA TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE AMENDING CHAPTER 152 OF CITY CODE TO REZONE PROPERTY FROM BUSINESS PARK WITH HIGHWAY OVERLAY (BP/HO) TO BUSINESS PARK WITH PLANNED DEVELOPMENT OVERLAY (BP/PD) AT THE SOUTHEAST CORNER OF HIGHWAY 610 AND WEST BROADWAY. MOTION PASSED UNANIMOUSLY. 6.2 MOTION GATES, SECOND CREMA TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING PRELIMINARY AND FINAL PLAT OF MIDAS STATION SUBDIVIDING ACRES INTO THREE BUSINESS LOTS AT THE SOUTHEAST CORNER OF WEST BROADWAY AND HIGHWAY 610. MOTION PASSED UNANIMOUSLY.

6 BROOKLYN PARK COUNCIL MEETING; OCTOBER 24, 2016 Page MOTION GATES, SECOND CREMA TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING CONDITIONAL USE PERMITS FOR TWO HOTELS AT 9470 AND 9490 WEST BROADWAY. MOTION PASSED UNANIMOUSLY. 6.3 Planning Director Cindy Sherman briefed the Council on the Scannell Properties Site Plan Review for Construction of a 204,000 Square Foot Warehouse/Manufacturing Building at the Southwest Corner of Winnetka Avenue North and Oxbow Creek Drive and Final Plat of NorthPark Business Center 3rd Addition. 6.3 MOTION GATES, SECOND CREMA TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING FINAL PLAT OF NORTHPARK BUSINESS CENTER THIRD ADDITION, SUBDIVIDING ACRES INTO TWO BUSINESS LOTS SOUTHWEST OF WINNETKA AVENUE AND OXBOW CREEK DRIVE. MOTION PASSED UNANIMOUSLY. 6.3 MOTION GATES, SECOND CREMA TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING SITE PLAN REVIEW FOR A BUSINESS PARK BUILDING AT WINNETKA AVENUE NORTH. MOTION PASSED UNANIMOUSLY. 6.4 Planning Director Cindy Sherman briefed the Council on the Ordinance Amendment Related to types of auto dealerships in the Brooklyn Park City Code. 6.4 MOTION CREMA, SECOND TREPANIER TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE AMENDING LANGUAGE IN THE ZONING CODE RELATED TO TYPES OF AUTO DEALERSHIPS. MOTION PASSED UNANIMOUSLY. 6.5 Planning Director Cindy Sherman briefed the Council on the Ordinance Amendment Related to Architectural Standards and Screening in the Brooklyn Park City Code. 6.5 MOTION GATES, SECOND CREMA TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE AMENDING LANGUAGE IN THE ZONING CODE RELATED TO ARCHITECTURAL STANDARDS AND SCREENING. MOTION PASSED UNANIMOUSLY. 9A COUNCIL MEMBER REPORTS AND ANNOUNCEMENTS Council Member Mata thanked staff for the Employee Appreciation Luncheon. He stated he attended it and was a fun event. He thanked staff for changing the format of the Business Forward Forum. He stated that having time for business owners to stand up and introduce themselves and talk about their businesses turned out to be impactful. They also had time afterwards for an hour to discuss things, where a number of business owners were able contact each other to create business for each other. He stated it was a well thought out event and all had good time.

7 BROOKLYN PARK COUNCIL MEETING; OCTOBER 24, 2016 Page 7 Council Member Mata stated that at the January 4 Council meeting, the Council voted to accept the Rules and Procedures and Conduct that was first adopted in June He read from the Rules and Procedures, honesty and integrity are the cornerstones for building trust, mutual respect and teamwork. Honesty and integrity include maintaining the highest ethical standards communicating with complete candor and openness, listening and really hearing each other and a willing ness to change our position on an issue if the facts warrant. Respect each person as an individual despite differences we may have on issues, we will strive to demonstrate respect and a caring attitude toward each other. He stated the reason why he quoted the Code of Conduct was that on October 13, a letter to the editor of the SunPost was written by Council Member Gates. He stated that unlike other letters to the editor that were in support of the candidates of their choice, Council Member Gates devoted most of the article to make negative, slanderous comments and lies about the opponent of the candidate he was supporting and of Council Member Mata. He stated that of the opponent, Council Member Gates claimed would destroy the relationships that the Council Members had built. He asked if that was what Mr. Gates had done now and created what would most likely be an irreparable riff on the Council. He questioned Council Member Gates motive for writing the article. His attack on Council Member Mata showed there was no respect or integrity and certainly had not maintained any ethical standards let alone the highest. He stated it was his opinion that Council Member Gates committed a breach of the Code of Conduct. He stated the people who knew who he was, knew he was committed to them. He stated they could see him at community engagement gatherings, ground breakings, and ribbon cutting ceremonies. He stated that when they called or ed him, they would always get a response to see if he could help. He stated it was his opinion that Council Member Gates had impugned his reputation and integrity and hoped for a retraction of his statements and or an apology. 9B CITY MANAGER REPORTS AND ANNOUNCEMENTS City Manager Stroebel stated that he also attended the Employee Appreciation Luncheon and the Business Forward Luncheon and both events were good. He stated it was a great opportunity to celebrate the great staff of the city and the great business community of the city. He stated that on Thursday, October 27, was the Mayor s Prayers Breakfast. Also that day at 5:30 p.m., as part of the Community Engagement gathering, there would be a field trip to CEAP. He stated there would not be a Council meeting next Monday, October 31. He stated that on November 5, there was the second of the Community and Police conversations from 5:30 to 8 p.m. at Brooklyn Center High School. He stated the first event was

8 held on October 19 at Park Center High School and it went very well and thanked the community and police of both communities for participating. ADJOURNMENT With consensus of the Council, Mayor Pro Tem Gates adjourned the meeting at 8:04 p.m. DEVIN MONTERO, CITY CLERK RICH GATES, MAYOR PRO TEM