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, November 14, 2016 Brooklyn Park Council Chambers 7:00 p.m th Avenue North 7:05 p.m. Mayor Lunde briefed on the appointment of Council Member Pha as the result of Council Member Jordan resigning. He stated the appointment was made on November 10, 2016, following the November 8, 2016 General Election where candidate Susan Pha received the most votes as Council Member in the West District. Mayor Lunde swore in Susan Pha as Council Member of the West District to fill the unexpired term of Council Member Jordan. At 7:09 p.m. Mayor Lunde called for a recess. At 7:18 p.m. Mayor Lunde reconvened the meeting. CALL TO ORDER Mayor Jeffrey Lunde PRESENT: Mayor Jeffrey Lunde; Council Members Rich Gates, Susan Pha, 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 Todd Millburn; and City Clerk Devin Montero. ABSENT: None. Mayor Lunde opened the meeting with the Pledge of Allegiance. 2A RESPONSE TO PRIOR PUBLIC COMMENT City Manager Stroebel stated that at the October 24 meeting, there were a number of people that had concerns and submitted a petition related to the Autumn Ridge Apartments at rd Avenue North regarding the living conditions, affordability of rent and the treatment of residents by the management. He stated that since that time, the city was involved in providing the developer a $1.2 million loan from the Brooklyn Park EDA to the developer, Sherman Associates, related to the rehabilitation of Autumn Ridge Apartments. He stated the loan actually related to the HUD required debt service of reserve contingency fund. The fund covered unexpected projects costs overruns and unanticipated cash flow reductions for the 24 to 30 month project period. He stated the loan was supplemented by an overall $22 million of the total development costs.

2 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 2 He stated that with regards to the concerns raised on affordability, the developer stated 90 percent of the apartments qualified as affordable units. He stated that as the result of the refinancing, it would require the housing requirement for 30 years of the affordable expectation to continue to be placed on those apartments. He stated that the rehabilitation project would begin in December and last 24 to 30 months, and they were updating all 366 apartment units. On the displacement impact. During the rehabilitation process, all residents would continue to occupy their units without any displacement. On community engagement. The Autumn Ridge property management was developing an engagement plan to notify all residents on the rehabilitation process. On safety and security. Staff performed an inspection of the facility, units and had discussions with the property manager on October 25, The property met maintenance standards and no evidence that the property management was not addressing the residents and community needs. On crime statistics in the area. It was identified that the crime was lower than previous years. 2B PUBLIC COMMENT None. 3A. MOTION GATES, SECOND CREMA TO APPROVE THE AGENDA AS SUBMITTED BY THE CITY CLERK. MOTION PASSED UNANIMOUSLY. 3B1 Economic Development and Housing Director Erik Hansen introduced new employees to the Community Development Department. Operations and Maintenance Director Dan Ruiz introduced new employees to the Operations and Maintenance Department; Deputy Police Chief Todd Millburn introduced new officers to the Police Department. Recreation and Parks Director Jody Yungers introduced new employees to the Recreation and Parks Department. 3B2 Recreation and Parks Director Yungers briefed the Council on the National Hunger and Homelessness Awareness Week proclamation. She introduced Kim Carpenter, Recreation and Parks Advisory Commission Member, local advocate bringing awareness around homelessness and hunger within the community. Ms. Carpenter briefed on the projects she was working on and upcoming events. Mayor Lunde read the proclamation declaring November 12 20, 2016 as National Hunger and Homelessness Awareness Week in the City of Brooklyn Park. 3B3 Youth Services Coordinator Pam McBride and Brooklyn Bridge Alliance for Youth

3 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 3 Coordinator Ivan Lui, briefed the Council on the Mobile Recreation Program Summer B4 Mayor Lunde proclaimed 2017 as The Year of the Monarch Butterfly in the City of Brooklyn Park. 4.0 MOTION GATES, SECOND CREMA TO APPROVE THE FOLLOWING ADMINISTRATIVE CONSENT ITEM: 4.1 TO APPROVE A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE FOR FAMILY OF GOD LUTHERAN CHURCH FOR THEIR MUSICAL LI L ABNER GALA OPENING PERFORMANCE TO BE HELD ON NOVEMBER 17, 2016, AT 8625 ZANE AVENUE NORTH. 4.2 TO WAIVE THE READING AND ADOPT ON SECOND READING 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. 4.2 TO WAIVE THE READING AND ADOPT RESOLUTION # RELEASING CONDITIONS AND RESTRICTIONS. 4.3 TO WAIVE THE READING AND ADOPT RESOLUTION # TO AUTHORIZE AMENDING THE AGREEMENT WITH DONOHUE & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE 2017 SANITARY SEWER REHABILITATION PROJECTS. 4.4 REMOVED FROM THE AGENDA PRIOR TO THE MEETING. 4.5 TO WAIVE THE READING AND ADOPT ON SECOND READING ORDINANCE # AMENDING LANGUAGE IN THE ZONING CODE RELATED TO TYPES OF AUTO DEALERSHIPS. 4.6 TO WAIVE THE READING AND ADOPT ON SECOND READING ORDINANCE # AMENDING LANGUAGE IN THE ZONING CODE RELATED TO ARCHITECTURAL STANDARDS AND SCREENING. 4.7 TO WAIVE THE READING AND ADOPT RESOLUTION # AUTHORIZING CHANGE ORDER NO. 1 IN THE AMOUNT OF $40, TO DESIGNING EARTH CONTRACTING, INC., OF EAST BETHEL, MN FOR A TOTAL CONTRACT AMOUNT OF $1,085, FOR DECATUR DRIVE CONSTRUCTION FROM 93RD AVENUE NORTH TO 1,500 FEET NORTH OF 93RD AVENUE NORTH, CIP REMOVED FROM THE AGENDA PRIOR TO THE MEETING.

4 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page TO DIRECT STAFF TO INSTALL NO PARKING 6 9 AM SIGNS ALONG THE WEST SIDE OF NEWTON AVENUE ALONG TH AVENUE NORTH AND 9573 OLIVER AVENUE NORTH TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING REPAIRS TO THE BASS CREEK CULVERT; TO AMEND THE 2016 GENERAL FUND CONTINGENCY BUDGET AND TRANSFER UP TO $170,000 TO THE 2016 STORM SEWER UTILTY BUDGET FOR REPAIRS FROM THE FAILED CULVERT; AND TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE AGREEMENTS TO COMPLETE THE WORK TO APPROVE A TOBACCO SALES LICENSE FOR MILLS FLEET FARM GROUP LLC DOING BUSINESS AS MILLS FLEET FARM LOCATED AT 8400 LAKELAND AVENUE NORTH IN BROOKLYN PARK TO APPROVE A TOBACCO SALES LICENSE FOR MILLS FLEET FARM GROUP LLC DOING BUSINESS AS MILLS GAS MART LOCATED AT TH AVENUE NORTH IN BROOKLYN PARK. MOTION PASSED UNANIMOUSLY. 5.1 Community Development Director Berggren briefed the Council on the Off Sale Intoxicating Liquor license for Brooklyn Park Wine & Spirits, LLC, doing business as Brooklyn Park Wine & Spirits Located at 7944 Brooklyn Boulevard North. 5.1 Mayor Lunde opened public hearing. The following individual addressed the Council. 1. Chad Moe, applicant, addressed the Council. He stated he owned three stores and only had one issue with the Blaine store. He owned a store in Hudson, Wisconsin for six years and never had a violation. He stated that at the Blaine store they put in a reward now, if the employees passed the underage sting, they would get $100. He stated they also gave them an app that read licenses. If they couldn t add well, they could read the licenses with the app. He stated they were doing everything they could to try and stop the violation and never had a violation by an owner or manager but with a clerk. 5.1 Mayor Lunde closed the public hearing and returned the item back to the table for consideration. Council Member Trepanier asked about the plan for the store. He stated it was a concern in terms of selling to underage individuals. Mr. Moe stated that every person who worked at the store had passed the test according to the current owner. He stated they were also requiring all employees to pass a Responsible

5 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 5 Server Course before they could start working. He stated they put up calendars to help them with dates because some people were not good at adding. He stated the app was now electronic and every phone could have it. He stated it took a picture of the bar code and gave a green for pass and a red for fail for the under and over 21 individuals. Council Member Crema asked if the clerks that passed had a file and if they got a certificate that said they passed. Mr. Moe stated that at the other stores they did and didn t know about what the city did for the store. He stated that in the other cities if they passed they got a letter stating they passed the test. Council Member Crema asked staff if someone passed the test did they get a letter indicating they passed the test. Deputy Police Chief Milburn stated the city provided a third party service and a certificate was received by that employee that would have gone through that training. Council Member Crema asked if the city independently knew that every employee that worked at that store had passed the training. Deputy Police Chief Millburn stated the city did not maintain those records. Council Member Crema stated that Mr. Moe said there was an app that was available that did the license reading. He asked if that would be required if they were granted a license for the new store that every employee must use the app and if they didn t they were subject to penalties including termination. Mr. Moe stated that if the Council required it he would. He stated it also depended on a person s understanding and logic. They talked to the employees about have troubles adding or being nervous then required them to use it. He stated that if someone had a higher level of understanding, didn t require it. He stated that if the Council put that recommendation in they could figure out something to do it for every employee. He stated it was a simple app and every smart phone could handle it. Council Member Mata stated he would like to put off for voting because the motion was to deny and being very pro business, there was a business owner that wanted to sell, and had a business person that wanted to buy the business. He stated he didn t think the Council should interfere in that other than it was a liquor store, with a license that had to be approved for that. He stated he would like to see some conditions put on the approval and to allow that approval if there were something like a probationary period where there were absolutely no violations of any kind for period of year or however long it was. He stated he would like to have an

6 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 6 agreement between the city and Mr. Moe that would stipulate some kind of agreement other than what he had already agreed to. He stated that rather than voting tonight to put it off for a couple weeks and have Mr. Moe deal with staff to see if they could do it and if he agreed to it, then the Council would agree to not deny the license but to approve it. He stated that would be his recommendation tonight. Council Member Crema agreed with Council Member Mata to the extent that the city had a willing buyer and seller and a willing buyer had an issue. He stated he would like to table it rather than vote to deny it. He stated he would like to see something more concrete for example, requiring the license reader to be used at all times. He stated that at Fleet Farm if a person was over 50 years old and tried to buy cigarettes, they took their driver s license. It was store policy that everyone had to produce it. He stated he would be more likely to vote yes if that was his store policy. If anyone violated the store policy, they were immediately terminated. He stated he was less likely to vote for approval if it was that some people were better at adding years than others. He stated he was willing to vote to table it for a very short period of time. He asked if there was a timing issue and asked what the purchase agreement was with the seller. Mr. Moe stated the lease ran out at the end of the year. The issue for him was to decide either the seller needed to renew the license or Mr. Moe needed to start a new one. He stated they had an agreement in place for that lease but the commercial leases didn t happen instantaneously. Council Member Crema stated that if it was at the end of year, there was a couple week period that it could be dealt with. Mr. Moe stated that regarding the card reader or app, they did require that everyone had to card all the time. He thought he was asked about specifically using the app all the time. He stated he did require everyone to card all the time and certain people were required to use the app. Council Member Crema stated that if the Council was going to vote to table it, requested that Mr. Moe provide to city staff the names of every clerk or persons that worked at that store and copies of their compliance certificates. He stated that was part of his sales point and asking for approval was that everyone had passed and would like that information. Council Member Trepanier stated to Mr. Moe, that as he could see, the Council was hesitant but at the same time would like to be business friendly but not in a way to concern the police or concern the situation with liquor stores. He stated he would vote to table and lay it in the hands of staff and Mr. Moe to come up with plan that was workable and where the Council felt the community was protected enough, otherwise he would vote no.

7 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 7 Mayor Lunde asked about the tabling guideline and what staff would need because of the sense of timing on it and the Thanksgiving holiday. Community Development Director Berggren stated the next Council meeting to bring it back would be November 28 and should be able to reach an agreement in that time frame. If not, it would come back to the following meeting in the first week in December. Council Member Crema stated November 28 was better if staff thought they could get it done because Mr. Moe was trying to get something done sooner rather than later. 5.1 MOTION CREMA, SECOND MATA TO TABLE AGENDA ITEM 5.1 UNTIL NOVEMBER 28, MOTION PASSED UNANIMOUSLY. 5.2 Assistant Finance Director Jeanette Boit Kania briefed the Council on the Resolution for Proposed Special Assessments for Certain Delinquent Utility Bills, Weed Cutting Charges, Utility Invoices, Administrative Penalty Citations, Nuisance Abatement Charges, and Fire Inspection Fees. 5.2 Mayor Lunde opened public hearing. The following individual addressed the Council. 1. Zada Kidane, regarding her rental property at th Avenue North. She stated she paid for a rental license renewal of $1,300 when it was supposed to be $300. The city sent the check back and asked to pay the correct amount and stated she didn t receive that in the mail and asked that the $1,000 citation be waived. Business Manager Curt Raymond stated that was accurate information. He stated she gave a check in plenty of time but was for $1,300 instead of $300. The city did not have a process to cash the check and take $300 and send a check back for $1,000. He stated the city sent the check back along with an explanation that she overpaid and asked her to remit just the $300. They didn t hear from her and a citation was issued several months later. She was issued a license but didn t address the $1,000 citation. Mayor Lunde asked which motion needed to be made that contained that fee if the Council decided to waive it because there were two motions. City Attorney Thomson stated it was the second motion. He stated the first one was just to waive the reading of the public notice. He stated if the Council was inclined to change the second motion, suggested to put the motion on the table and then they could make a motion to amend it, delete it or make any changes the Council wanted at that time. 5.2 MOTION LUNDE, SECOND CREMA TO WAIVE THE READING OF THE PUBLISHED NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT UTILITY BILLS, WEED CUTTING

8 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 8 CHARGES, UTILITY INVOICES, ADMINISTRATIVE CITATIONS, NUISANCE ABATEMENT CHARGES, AND FIRE INSPECTION FEES AND HOLD THE PUBLIC HEARING. MOTION PASSED UNANIMOUSLY. 5.2 MOTION LUNDE, SECOND CREMA TO WAIVE THE READING AND ADOPT RESOLUTION # LEVYING TAX FOR DELINQUENT UTILITY BILLS, WEED CUTTING CHARGES, UTILITY INVOICES, ADMINISTRATIVE PENALTY CITATIONS, NUISANCE ABATEMENT CHARGES, AND FIRE INSPECTION FEES. Mayor Lunde asked what the amount was if the Council wanted to amend it. Business Manager Raymond stated it was $1,000. City Attorney Thomson stated the motion should be to remove that property from the assessment roll. 5.2 MOTION LUNDE TO AMEND THE MAIN MOTION BY REMOVING THE ASSESSMENT FOR TH AVENUE NORTH. SECONDER CREMA ACCEPTED IT AS A FRIENDLY AMENDMENT TO THE MAIN MOTION. 5.2 VOTE ON THE MAIN MOTION WITH THE FRIENDLY AMENDMENT TO REMOVE TH AVENUE NORTH FROM THE ASSESSMENT ROLLS PASSED UNANIMOUSLY. 5.3 City Engineer Jesse Struve briefed on Public Hearing for Vacation of Drainage and Utility Easements on Lot 1, Block 6, Grays Estates. 5.3 Mayor Lunde opened public hearing. The following individuals addressed the Council None. 5.3 Mayor Lunde closed the public hearing. 5.3 MOTION CREMA, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION # VACATING DRAINAGE AND UTILITY EASEMENTS ON LOT 1, BLOCK 6, GRAYS ESTATES. MOTION PASSED UNANIMOUSLY. 5.4 City Engineer Jesse Struve briefed the Council on the Stormwater Pollution Prevention Plan (SWPPP). He introduced Meghan Litsey, WSB and Associates and she briefed on the plan. 5.4 Mayor Lunde opened public hearing. The following individuals addressed the Council None. 5.4 Mayor Lunde closed the public hearing.

9 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page MOTION LUNDE, SECOND GATES TO REVIEW THE CITY OF BROOKLYN PARK S STORMWATER POLLUTION PREVENTION PLAN (SWPPP) AND RECEIVE PUBLIC COMMENTS. MOTION PASSED UNANIMOUSLY. 6.1 Planning Director Cindy Sherman briefed on the Freight Buddy Crate & Ship Variance to the Sign Code to Allow a Sign Mounted on the Roof of 6900 West Broadway. 6.1 MOTION LUNDE, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING A SIGN VARIANCE FOR ROOF SIGNS AT 6900 WEST BROADWAY. MOTION PASSED UNANIMOUSLY. 7.1 City Clerk Montero briefed on the Municipal General Election results and the resolution canvassing the election held on November 8, MOTION LUNDE, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION # CANVASSING THE GENERAL ELECTION HELD ON NOVEMBER 8, MOTION PASSED UNANIMOUSLY. 7.2 Interim Finance Director Jeanette Boit Kania briefed the Council on the resolution amending Fee Resolution # adopting a Schedule of Fees and Charges for Various Services, Licenses and Permits for the City of Brooklyn Park, Minnesota. 7.2 MOTION LUNDE, SECOND GATES TO WAIVE THE READING AND ADOPT RESOLUTION # AMENDING FEE RESOLUTION # ADOPTING A SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES, LICENSES AND PERMITS FOR THE CITY OF BROOKLYN PARK, MINNESOTA. MOTION PASSED UNANIMOUSLY. 8.1 Operations and Maintenance Director Dan Ruiz briefed the Council on the Capital Improvement Plan/Capital Equipment Plan. At 8:55 p.m. City Attorney Thomson departed. Council Member Mata asked about the new greens mower for the golf course and the new fire truck this year and next year when the city had fewer firefighters. Operations and Maintenance Director Ruiz stated the Fire Chief was going through a review of their equipment based on their new firefighter model with full time firefighters. He was also looking at how many stations they needed. He stated they currently had four fire stations and were looking at if it was possible to reduce it to three. If they had fewer fire stations, then they would need less fire trucks. He stated the Fire Chief was looking at considering not replacing the fire truck in 2017 but to hold onto that one. He stated the ISO ratings affected insurance

10 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 10 rates and if some pieces of fire equipment were taken out of the fleet, it affected the ISO ratings. He stated that his thought was to see if they could hold off on replacing that equipment and see if the fire operations could still proceed at the high level they needed without using that truck, and that truck could be a spare. He stated the Fire Chief was considering it and would bring back a recommendation as they looked for the final approval in December regarding the CEP. Council Member Mata asked what would happen if the ISO rating changed and asked if the insurance premiums would change. Operations and Maintenance Director Ruiz stated he would ask the Fire Chief and bring back a response to the Council. He stated that on the greens mowers. There were five mowers that were purchased over the period of and they had a useful life of 11 years and were not balanced off as much as they would like to see. He stated they were reaching the useful life of the 11 years and scheduled for replacement. Council Member Pha stated that looking through CEP, saw the projected or proposed budget for the next upcoming year and five years. She stated that it would helpful to have what they actually spent on those items in the last two years because it would help her look and see what they spent on those items going forward, what the proposed budget was and what they were going to be spending. Council Member Parks stated that on Page 19, talked about the bond ratings but there were no benchmarks. He stated there was no way to measure what the bond rating was and there was a lot of howevers unfortunatelys in that one paragraph and confusing. Operations and Maintenance Director Ruiz stated that based on the review from the bond counsel, the city had an excellent bond rating of AA+ and was as good as a large suburb could get. He stated the city had strong reports from the bond counsel. City Manager Stroebel stated the bond rating terminology was challenging and the highest rating to get from the two to three agencies was AAA and the AA+ was the second best rating to get. He stated that less than five percent of communities throughout country had a AAA rating. He stated that AA+ was extremely strong and the difference in terms of any additional interest the city might pay between AAA and AA+ was miniscule. Council Member Parks asked about benchmarks to make sure the city was on the right course and a way to measure it.

11 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 11 City Manager Stroebel stated it was regularly reviewed by the bond counsel, Ehlers Financial Consultants, to avoid diminishing the city s bond rating. He stated the city was in a comfortable position. Council Member Parks stated that on Page 35, it still had the Fire Department as a paid on call Fire Department and was not true. He stated the statement of 80 firefighters paid on call that went to training was no longer true as well. He stated that Building D was listed three times with three different ages to it, 35 to 37 years old on Page 36. He asked if the building was taken down, did they have to remediate a dump. He asked if that was done when it was first built and sounded like they had a hazmat situation. Operations and Maintenance Director Ruiz stated the building was constructed in 1972 and not sure of the construction situation. He stated that all of the Operation and Maintenance facilities were built on old dump land. Part of it was built over actual trash and part was not. He stated the standards back then was that they did not make them remove garbage if they put a slab of concrete down and they could put up a building. He stated part of it too was that they didn t know the full extent of garbage and if it wasn t in the small area that was dug up and didn t hit garbage, they could build a building there. He stated that since then, they had conducted many core samples and had close to the exact footprint of where the trash was underneath the facility. He stated that one of the best things they could do over an old dump was to pave over it to keep water from infiltrating in. If water infiltrated, there could be leakage and that contaminated the ground. He stated they already started taking soil samples to see the extent of the trash. The architect was analyzing whether or not they could do pilings through the trash or had to remove all of it and were still waiting on cost estimates. Council Member Parks asked if there were vent pipes coming out of that area now. Operations and Maintenance Director Ruiz stated they were not in that area. He stated they regularly monitored the water wells, did air testing, and not actively vented. He stated that part of the reason with that was the trash was more of construction and demolition material and not municipal solid waste. He stated with the testing they were in compliance with the agency requirements. Mayor Lunde asked if they were accounting Edinburgh USA to start saving for that next regreening and other items because the Council had not stayed with the plan. He stated the Council wanted them to start to account for that in the operating budget so they were saving for the next thing and not have a $3 to $5 million bill in the next 15 or 20 years. He asked if that was incorporated in it.

12 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 12 Operations and Maintenance Director Ruiz stated that looking at the cash flow projections for Edinburgh USA, they were close to breakeven. But when looking out a few years the operating expenses were exceeding revenues slightly. He stated ideally they wanted to set the rates so that they recovered not only operational expenses but saved for all of the replacements. He stated that in the out years, they might need to look at revenue sources to meet those needs. Mayor Lunde stated that the revenue was accounting for 10 years from now and they would have to do some major work. Operations and Maintenance Director Ruiz stated they were building 10 year and 20 year facility plans that would identify which assets needed to be replaced and were in the process of doing that now. Mayor Lunde stated asked about the mill overlay, not doing part of it, if the water sewer infrastructure underneath was not ready for replacement. He stated that given there was a sunset clause on the franchise fee asked if they were running the risk of having residents that had some temporary work and keeping things along, then all of the sudden, they could now do the work, but the franchise fees expired and assessed everyone like it was normally done. He asked that if they were delaying it, were they causing a problem where in a few years, people might not be inside that franchise fee window because of the water infrastructure. Operations and Maintenance Director Ruiz stated they were going to do the streets when they needed to be done. If they could get a few more years of life out of it they were not going to replace it because they had a franchise fee. He stated the franchise fee was set up with two components. One, was a $7 per month toward the mill overlay program to address the faulty pavement issue. He stated their 14 year plan could address the faulty pavement issue with that $7 per month. The other component was that they didn t want to look at the streets in isolation. If they had a reconstruction project coming up, the normal way of funding reconstruction projects had been assessing each individual property. The question was if they wanted to look at a different way and fund that reconstruction project through franchise fees. He stated that through all the community engagement, numerous meetings and meetings with the Council, the Council decided they should put another $7 per month franchise fee and pay for the street reconstruction program. He stated that as the Bass Creek neighborhood was going to get street reconstructed and not assessed through a franchise fee, when the next area that needed to be reconstructed came along, the Council needed to take a look at the franchise fee and decide if it would continue to be franchise fee funded or not. He stated the Council put

13 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 13 a sunset clause on it and was reviewed annually as part of the capital plans, especially getting closer to the sunset date. Mayor Lunde stated that his concern was that if a neighborhood that should have been covered by that franchise fee and they contributed for 14 years and then it went away, then they got the assessment. Operations and Maintenance Director Ruiz stated they had seven street maintenance districts and their goal now was to do 12 miles of street overlays in each of the districts. As they went through each district each year, they would go twice through a district about 24 miles of overlays in each district which was almost the entire district. He stated that everyone would get a benefit from the franchise fees. Those that might not get a direct benefit in the first few years, they were using those fees also toward some of the more arterial streets such as Lad Parkway that was just done, 63 rd Avenue to be done next year and Brookdale Drive. He stated that the street in front of their house might not be done right away but there was a benefit throughout the community on the roads they would be driving on. Mayor Lunde asked if there was a lessening of a need because of the franchise fee with the money allocated. He asked if there were items that would have normally been in the budget but the franchise fee was the funding source. He asked if there were savings because they added a dedicated revenue specifically for things that would have normally been in the year to year repairs. Operations and Maintenance Director Ruiz stated that the franchise fee didn t take the place of anything in their budget. He stated it took the place of whether to bond for that work. It expedited the opportunity to start fixing things before getting bad city wide. He stated the overall street rating was that about 76 percent of the streets were in adequate or good condition. He stated that condition was projected to fall over the next few years. Once they got five years out and by doing the 12 miles of overlays each year, the condition would go from 76 to 80 percent and projected at 86 percent after 14 years. Mayor Lunde asked when they would have a discussion on turf in the parks. He stated he had some informal discussions, knew there was an ROI on it but had to account for the fact that the last 10 years it needed to be replaced. But during that time of having turf, it was able to be used 24/7 where a park that normally could handle four games could handle as long as the lights worked, all night long. He stated he didn t know if that was a future discussion as part of the park planning. Operations and Maintenance Director Ruiz stated it was a project they had in their provisional projects for an artificial turf field. He stated it was something the Recreation and Parks Department looked at for opportunities to partner with school districts. They were also

14 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 14, 2016 Page 14 evaluating it as part of the Resilient Communities Project with the University of Minnesota. He stated there would be some reports and studies brought back to Council on it. 9A COUNCIL MEMBER REPORTS AND ANNOUNCEMENTS Council Member Crema stated the election was six days ago and was nice to see all candidates including the new Council Member Pha attending meetings. He stated that Council Member Elect Mata was in the audience and nice to see the interest level of the newly elected members not seated yet to come and listen. Mayor Lunde thanked the Hy Vee store for their Veterans Day Breakfast event. He stated that he along with Council Members Parks and Trepanier attended the event to serve free breakfast to veterans to show appreciation for the veterans. 9B CITY MANAGER REPORTS AND ANNOUNCEMENTS City Manager Stroebel stated that on Thursday, November 17, from 5:00 to 730 p.m., there was an LRT Open House at the library to discuss corridor and station designs. He stated that next Monday, November 21, 2016 prior to EDA meeting at 6:00 p.m., there would be a Council Work Session regarding the Opus development in northeast corner of Zane and TH610 to get a sense of the goals the Council and EDA had working with Opus moving forward. ADJOURNMENT With consensus of the Council, Mayor Lunde adjourned the meeting at 9:52 p.m. DEVIN MONTERO, CITY CLERK JEFFREY JONEAL LUNDE, MAYOR