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 25, 2013 Brooklyn Park Council Chambers 7: 00 p.m th Avenue North Greetings to the City Council (DVD) Roger Ramsey 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; City Manager Jamie Verbrugge; City Attorney Jim Thomson; Acting Community Development Director Mike Sable; 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 Verbrugge stated Mr. Billy Bishop addressed the Council last week and didn t have questions to respond to and only made statements regarding the budget process. 2B PUBLIC COMMENT Mr. John, Neiss, John Neiss Glass Block Company, stated he received a citation about parking a commercial vehicle on private property. He stated the property was nearly an acre and understood a typical city lot but could not see a commercial truck 270 feet from the center of road to front of truck. He stated it was on a paved surface and was within ordinance. He stated he depended on the business and income to pay $5,000 in taxes. He stated it was impossible to have the truck in different location and needed the truck there. He stated he appreciated Council consider the issue based on the size of property and make an exception. 3A MOTION GATES, SECOND CREMA TO APPROVE THE AGENDA AS SUBMITTED BY THE CITY CLERK. MOTION PASSED UNANIMOUSLY. 3B1 Recreation and Parks Director Jon Oyanagi acknowledged and thanked the Brooklyn Park Lions Club for their donation of $2,000 toward a decorative fountain for the Kids Fishing Pond at the Community Activity Center. 3B1 MOTION LUNDE, SECOND JORDAN, TO WAIVE THE READING AND ADOPT RESOLUTION # ACCEPTING AND ACKNOWLEDGING THE DONATION FROM THE BROOKLYN PARK LIONS CLUB TOWARD A DECORATIVE FOUNTAIN AT THE KIDS FISHING POND AT THE COMMUNITY ACTIVITY CENTER.

2 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page MOTION GATES, SECOND CREMA, TO APPROVE THE FOLLOWING ADMINISTRATIVE CONSENT ITEM: 4.1 MOTION GATES, SECOND CREMA, TO WAIVE THE READING AND ADOPT RESOLUTION # TO AWARD THE BID FOR PEDESTRIAN BRIDGE REPLACEMENT, BROOKDALE PARK TO BARBER CONSTRUCTION, INC. 4.2 MOTION GATES, SECOND CREMA, TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING AN AGREEMENT WITH LOOKOUT CATERING, LANCER CATERING, TOWN & COUNTRY CATERING, JAMBO AFRICA, AND ROASTED PEAR TO PROVIDE CATERING SERVICES AT THE COMMUNITY ACTIVITY CENTER. 4.3 MOTION GATES, SECOND CREMA, TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW FOR FUNDING, CONSTRUCTION, OPERATION AND MAINTENANCE OF A TRAFFIC CONTROL SIGNAL SYSTEM AT THE NOBLE PARKWAY (CSAH 12)/101 ST AVENUE NORTH INTERSECTION, CIP MOTION GATES, SECOND CREMA, TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING A TIME EXTENSION FOR SITE IMPROVEMENTS AT ZANE AVENUE NORTH. MOTION PASSED UNANIMOUSLY. 5.1 Rental and Business Licensing Manager, Curt Raymond, presented on the public Hearing to Solicit Testimony and Consider the Renewal of the Currency Exchange License for New Unbank Company LLC at 6319 Zane Avenue North. 5.1 Mayor Lunde opened the public hearing to consider the renewal of the Currency Exchange License for New Unbank Company LLC at 6319 Zane Avenue North. No one addressed the Council. 5.1 Mayor Lunde closed the public hearing and returned it to the table for consideration. Council Member Gates stated he was glad to hear staff was working on the unbanked issue and would not be supporting the license or the next agenda item as he stated for many years. Council Member Knight stated she concurred and couldn t support it and would like to explore alternatives. Council Member Jordan stated he would support the existing ones so as not to take away their business but any new ones coming to the city he would not support.

3 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page MOTION TREPANIER, SECOND CREMA, TO RECOMMEND THE RENEWAL OF THE CURRENCY EXCHANGE LICENSE FOR NEW UNBANK COMPANY LLC AT 6319 ZANE AVENUE NORTH TO THE COMMISSIONER OF COMMERCE. MOTION PASSED (5 TO 2), GATES AND KNIGHT VOTED NO. 5.2 Rental and Business Licensing Manager, Curt Raymond, presented on the Public Hearing to Solicit Testimony and Consider the Renewal of the Currency Exchange License for Minnesota Currency Exchange Corporation at 7646 Brooklyn Boulevard North. 5.2 Mayor Lunde opened the public hearing to consider the renewal of the Currency Exchange License for Minnesota Currency Exchange Corporation at 7646 Brooklyn Boulevard North. No one addressed the Council. 5.2 Mayor Lunde closed the public hearing and returned the item back to the table for consideration. 5.2 MOTION LUNDE, SECOND CREMA, TO RECOMMEND THE RENEWAL OF THE CURRENCY EXCHANGE LICENSE FOR MINNESOTA CURRENCY EXCHANGE CORPORATION AT 7646 BROOKLYN BOULEVARD NORTH TO THE COMMISSIONER OF COMMERCE. MOTION PASSED (5 TO 2), GATES AND KNIGHT VOTED NO. 5.3 Business Development Manager Amy Baldwin presented on the Public Hearing Authorizing the Submittal of an Application to the Minnesota Department of Employment and Economic Development for a Grant under the Minnesota Investment Fund (MIF) Program. 5.3 Mayor Lunde opened the public hearing to consider the Application to the Minnesota Department of Employment and Economic Development for a Grant under the Minnesota Investment Fund (MIF) Program. No one addressed the Council. 5.3 Mayor Lunde closed the public hearing and returned the item back to the table for consideration. Council Member Jordan stated he supported Olympus on the development. He stated that previously at a meeting he had said he would not support any more financial assistance packages to any company until Council had the discussion on when do we buy jobs and when can we say no. He stated the development was coming before Council in January but in order to remain consistent, would vote no while still supporting Olympus. 5.3 MOTION TREPANIER, SECOND CREMA, TO WAIVE THE READING AND ADOPT RESOLUTION # AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR A GRANT UNDER THE MINNESOTA INVESTMENT FUND (MIF) PROGRAM. MOTION PASSED (6 TO 1), JORDAN VOTED NO.

4 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page Rental and Business Licensing Manager Curt Raymond presented on the On Sale Intoxicating Liquor License for 3Deep Restaurant Holdings, Inc., Doing Business As Broadway Pizza Located at 8525 Edinburgh Centre Drive North and Contingent Upon City Council Approval of the C.U.P. on November 25, Mayor Lunde opened the public hearing to consider and On Sale Intoxicating Liquor License for 3Deep Restaurant Holdings, Inc., doing business as Broadway Pizza Located at 8525 Edinburgh Centre Drive North. No one addressed the Council. 5.4 Mayor Lunde closed the public hearing and returned the item to the table for consideration. 5.4 MOTION GATES, SECOND TREPANIER, TO APPROVE AN ON SALE INTOXICATING LIQUOR LICENSE FOR 3DEEP RESTAURANT HOLDINGS, INC., DOING BUSINESS AS BROADWAY PIZZA LOCATED AT 8525 EDINBURGH CENTRE DRIVE NORTH AND CONTINGENT UPON CITY COUNCIL APPROVAL OF THE C.U.P. ON NOVEMBER 25, MOTION PASSED UNANIMOUSLY. 6.1 Planning and Development Director Cindy Sherman presented the Broadway Pizza Conditional Use Permit # for a Class II Restaurant and Exterior Improvements at 8525 Edinburgh Centre Drive North. Council Member Mata stated that putting up the sign before getting the liquor license and permit to have a restaurant approved was premature and asked if staff could do something about that in future. Council Member Crema stated that the condition was no music after 10 p.m. due to the proximity of the residential neighborhood across the street. He asked if it would be acceptable for 9:30 p.m. Sunday through Thursday and 10 p.m. or 10:30 p.m. Friday and Saturday because most people with children tended to go to bed earlier on school nights. Mr. Jim Kruizenga, CEO Broadway Bar and Pizza stated he had no intentions of live music and was just background music piped into a few speakers for the patio enclosed other than small open area on outside and didn t believe that the sound would be problem. He stated that 10 p.m. or 9:30 p.m. was not an issue for them and if it became an issue and someone complained, they would adjust it accordingly without any problems. 6.1 MOTION JORDAN, SECOND CREMA, TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING A CONDITIONAL USE PERMIT FOR A CLASS II RESTAURANT AND EXTERIOR IMPROVEMENTS AT 8525 EDINBURGH CENTRE DRIVE NORTH. MOTION PASSED UNANIMOUSLY 6.2 Planning and Development Director, Cindy Sherman, presented on variance # for a Zero Foot Setback from the North Property Line for a Patio and Canopy Structure at 6924

5 Kentucky Avenue North. BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page MOTION JORDAN, SECOND MATA, TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING A ZERO FOOT SIDE YARD SETBACK FOR A PATIO AND CANOPY STRUCTURE AT 6924 KENTUCKY AVENUE NORTH. MOTION PASSED UNANIMOUSLY. 6.3 Planning and Development Director Cindy Sherman presented the Comprehensive Plan Amendment # to Re Classify Land for Business Park uses at 6648, 6656, 6700, and 6716 West Broadway. 6.3 MOTION TREPANIER, SECOND JORDAN, TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING A COMPREHENSIVE PLAN AMENDMENT # RE GUIDING 7.45 ACRES FROM HIGH DENSITY RESIDENTIAL TO BUSINESS PARK AT 6648, 6656, 6700, AND 6716 WEST BROADWAY. MOTION PASSED UNANIMOUSLY. 6.4 Planning and Development Director Cindy Sherman presented the Oxbow Cove (Landmark Development) Preliminary Plat and Rezoning # for Development of 95 Single Family Residential Lots, Four Association Lots, and Park Land at Southeast of Oxbow Creek Drive between 105 th Trail and Maryland Avenue. She stated she provided the Council with a chart that outlined the lots that were proposed in the Oxbow Cove neighborhood that included lot block number, lot area and lot width to have when they were talking about an average lot size and could see the range within the subdivision. She also provided an updated grading plan that indicated modifications that had been made to the grading plan in order to provide a separation between the pond that existed in the Oxbow Creek development and pond that was proposed in the Oxbow Cove development. Mr. Dean Hanson, Landmark Development, gave a presentation of the development. Mayor Lunde stated there was a petition presented earlier regarding the development signed 133 by residents submitted by Ms. Robin Hohenstern and Council had to formally accept it. 6.4 MOTION LUNDE, SECOND TREPANIER TO ACCEPT THE PRESENTED PETITION THAT 133 RESIDENTS HAD SIGNED. MOTION PASSED UNANIMOUSLY. The following individuals addressed the Council. 1. Seth Nielson, th Avenue North. Concerns regarding safety, traffic, environmental issues with the pond, potential for HOA dues to increase, potential it might have on home values long term. All valid reasons why the proposal should not be approved. Should not be passed because of the zoning requested. The plan proposed is

6 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 6 to modify to R4 zoning and R4 zoning exclusively permits multifamily housing, 2 home family attached housing and was not in the current plan and if rezoned could see multifamily housing in the future. Were no discussions on alternatives other than comparing R4 to the current standard of R2B but are other zones in the middle R3 and R3A. 2. Daniel Shallbetter, th Trail North. Rezoning the property to make the project economically viable conflicted with Section 3.3.3, Procedures to Amend Land Use Designation, from the 2030 Comprehensive Planning Guide. Notices were required of affected property and not complied with state statutes. Pond concerns with the potential impact of water quality being introduced through infringement in the Oxbow Creek West pond from the oxbow cove pond. Would be impacted by the noise generated by a community pool within 750 feet of his house. 3. Janet Shallbetter, th Trail North. Concerns of the rezoning and having an R4 zoned development if it failed; zoning would prohibit ramblers; and only had one access point. 4. Irv Prom, th Court. If zoned R4 and then changed, could end up with undesirable housing; consider R2B zoning; was no communication from the developer to the Oxbow Creek West association board about the development. 5. Philip Flower, th Trail North. Asked not to rush to approve the R4 zoning and table it to allow them time to understand the impact of proposal; consider looking at R2B; concerns with impact of property values; wanted clarification on zoning from R1 to R4; concerns of having too many homes that are too similar in the area; discussions about an easement with one of the homeowners whether that was consistent with their declaration rules and regulations. 6. Jeremy Lewandowski, th Trail North. Concerns with the proposed pond being connected to their pond; could introduce pollutants and increase maintenance to their association; concerns with the buffer area; suggested moving the pond to another location; asked what assurances the homeowners association had with the Oxbow Cove homeowners association helping with the pond if there was a 100 year event; also concerned with traffic in the area with more homes. 7. Matt Brown, th Trail North. In agreement with the petition submitted; concerned with the zoning proposed; asked that a plexiglass sound barrier be placed around the pool. 8. Catherine Egge, th Trail North. Development does not fit the spot; are asking for a higher density for R4 when the entire surrounding community is R2; swimming pool and playground could go anywhere; development is the wrong size and trying to fit a lot in the tiny space; will put a lot of pressure to make a left turn off Oxbow Creek onto Zane Ave with additional 95 homes; have obligation to take steps for the safety by adding a traffic light and pedestrian bridge if approve the higher density; worried about the sediment accumulating in the pond and the pollutants the association is responsible for removing; degrading of 40 foot space to allow for runoff from smaller pond into bigger pond is an abuse of public easement.

7 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 7 9. Michael Egge, th Trail North. To consider denying the R4 rezoning and preferred R2 or R3A; there was no evidence of a wetland on the land and suggested the pond and pool be moved further away to alleviate the noise; would alleviate concerns of the mixture of the two pond with easements and water contamination; concerns of safety with traffic congestion; consider another access point for the density of homes in the area. 10. Wade Johnson, th Trail North. Ponds would be connected with underground sewer systems and water would be interchanged and would contaminate their pond and impact water quality; two other ponds impacted by underground connection; the proposed development has another system to connect to and no reason to connect to their system; R4 zoning does not fit in the area and R2B was an appropriate fit; location of community pool is adjacent to the Oxbow Creek neighborhood and concerned with the noise; move the pool farther into their planning area. 11. Scott Hohenstern, Jersey Ct. North. Major issues is with the zoning and keep it consistent with Oxbow West; zone it RB2 and would get a nice return. 12. Eric Rongstad, th Ave North. Agreed with what has been said by previous speakers. 13. Eldon Tessman, th Avenue North. Owner of property, gave a history of the property; stated the wetland never held water because of the type of soil; worked diligently for the last two years to get a buyer for the property and didn t want to see the development go away. 14. Eric Swanstrom, Jersey Ct. North. Concerns with density issue going to R4 in the middle of R2 on all sides of the parcel; stated the ghost plat diagram from the city showed 57 homes at the R2 classification going from 52 similar to the area around it to 95; Oxbow Creek Parkway by city direction was irrigated and mowed and the expense was paid by Oxbow Creek West Association. Stated Oxbow Creek Parkway would be the only point of entry for Oxbow Cove and new association would be more reliant on Oxbow Creek Parkway than members of Oxbow Creek West. Requested the new association when formed pay for their fair share of irrigation and mowing of the parkway. 15. Ian Gunn, th Trail North. Asked why R4 was being considered when there was R2B on all sides of the development; concerned with the traffic on Douglas and Oxbow Creek; not in favor of the barrier between the ponds; will be part of the neighborhood and pond should not be separate including the homeowners association. Planning and Development Director Sherman responded to some of the questions: Signalization of the intersection. Zane Avenue was a county road and didn t control everything that happened on Zane; Oxbow Creek Drive was a city street; 3rd on list for priority for a signal to be installed and didn t mean it must be installed, just met the criteria for installation. The location is ranked 18 th highest priority in the County for conversion but the County did not allow signals on their roadway system including County Road 14 and Zane/Douglas Drive until the conditions met the requirements of a

8 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 8 priority factor of 30 or greater, the current factor is 19 by the County CIP showed installation of the signal at the location in Storm water. All ponds in Oxbow Creek were part of a four system and all interconnected. The developer got an agreement with DNR to excavate down and dig out those areas so they could be a different type of wetland, but with open water to support fish and wildlife; was part of the city system surrounded by private land and had maintenance responsibility for the pipes that connect into them. The proposed pond was the same kind of design and the city had responsibility of cleaning out inlet structures and why they were all connected was to help keep water in them. Notice of meeting. The Planning Commission hearing was set and notices were mailed out. When staff became aware of concerns from the neighborhood the development team chose to delay the action by the Planning Commission and the action at the Planning Commission meeting continued the hearing. Was not required to be renoticed, it was on the website, and the neighbors who were aware of it knew about the meeting date change. Zoning rules. They regulated the dimensional standards of the lots. When talking about R2B, R3, R4 the difference in most of those was about 5 feet; R2B zoning district was created to move up housing in the community and was wanted after the golf course filled up; as sewer and storm water was brought up north of TH 610 the desire was for large lots; this case, the different zoning provided a different housing type; were a range of zoning districts that could be applied for at this site. The request came in at R4 and staff reacted to what came in and brought it forward through the hearing process. Speculation if the development failed. The way it was written in the ordinance to rezone the property was tied to lot, blocks and specific plat. If for some reason the plat never got recorded the rezoning would not be activated, how it was structured and the action the Council would take. If the site got rezoned and the developer walked away, the plat was still in place. Would have to come back through the process and additional action would have to be taken before they could build something other than what the plat allowed. House size. The city had minimal regulations for house sizes, 950 square feet and 1200 square feet for different house styles. Not seeing anything of that size being built but were minimum standards in all of the districts. Could build a 960 square feet rambler in an R2B zone and would meet city code. The ordinances were minimal and the developers throughout the community had set a higher standard than what the city minimums were for house sizes and different styles of houses; when they talked about a 2400 square feet two story, that was not in the regulations and never would be but enforceable through the covenants and that s because the city couldn t discriminate based on those kinds of regulations, and could only regulate the dimensions. Notifying the Association Board. Residents should let staff know where there are boards; didn t realize Mr. Ramsey turned the association over to the homeowners at the point the notices went out. The notices did go out to the property owners and not to

9 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 9 the board members. Noise from the pool. Didn t know the distant from the pool to where it left the property but was significant. Ghost plat. The ghost plat was done in order to show that the site was developable and what was happening around it wasn t limiting them to do some type of development. It had no standing, not approved by the city, and not approved by the property owner. In this case the adjacent developer created the ghost plat and not the land owner. Council Member Gates stated that all of the lots would meet the R3 zoning but two lots and asked if it could be rezoned to R3 and have a variance for the two lots. Planning and Development Director Sherman stated it would require an analysis. Council Member Gates agreed about the pool that it was far enough away and the closest home was blocked by another home in the development. He stated his only concern was to get an answer about the R3 or R3A question if that worked or not and solved a lot of issues. Mayor Lunde stated there was a question about irrigation and paying the city to irrigate and asked how that was taken care of. Planning and Development Director Sherman stated the Oxbow Creek development on both sides of Zane Avenue were one of highest amenity neighborhoods and the developer chose to do those kinds of improvements to make it the type of neighborhood they wanted to sell and to have, larger homes. She stated Oxbow Creek drive was a public road, the association took that on and the city didn t take that on from a maintenance and an irrigation perspective. Council Member Crema stated he was also interested in the R3A issue, if the developer could build 95 lots but provided comfort to the neighbors adjacent to it and no possibility if they failed, and could not be converted to quad homes. He stated the other issue was the water vegetation water quality when it was being built there was a silt fencing around the pond area to prevent anything migrating into the water or Oxbow Creek neighborhood. He stated he wasn t clear on the water vegetation when talking about buffering along the edge of pond or aquatic plants at the bottom of the pond to preserve water quality. He asked if there was a requirement for buffering and planting inside pond. Planning and Development Director Sherman stated the city chose to have the Watershed Districts regulate the wetlands and ponds and they got a permit through that agency. She stated the Pollution Control Agency issued permits for grading, the Health Department for hooking up sanitary, sewer and water and there were the many types of permits required for the development to proceed. Bob Molstead, Landmark Development, stated the ponding would have an aquatic bench and it

10 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 10 was a 10 to 1 bench below the normal water level that would provide the plant growth. He stated the yards would be sodded up to the normal water but was an aquatic bench to provide water treatment and was a standard for the Watershed and Pollution Control Agency permit they applied for. Council Member Mata stated he d like to see the Council table the item until Council could get that discussion taken care of if the R3A zoning would work with minor revisions to it. Planning and Development Director Sherman stated that if the Council went that direction asked that the Council ask the developer to make a commitment to extend the review period allowed under state law so they didn t run into an issue with the 60 day review because she believed they already extended it. City Manager Verbrugge stated the schedule for next Monday was tight because of the holiday and the Council packets were due tomorrow and would be December 16 to bring it back to the Council and preferred more time to do the analysis. Mr. Nathan Fair, Landmark Development stated there were two lots under 74 feet, 12 lots between 74 and 75 feet and had a total of 14 lots. He stated they would come back to Council with a plat and would have to ask for variances to keep the 95 lot count. He stated they were willing and spoke to the real estate attorney to put restrictions in their covenants that it was going to be zoned only for single family homes and willing to work with the city on that language. He asked Council to make that a condition on tonight s approval and assured the neighbors no twin homes could be built on the site. Mayor Lunde asked Mr. Fair if December 16 would be too late. Mr. Fair stated they did have deadlines at the end of November and if they came back with a new application would be asking for 14 lots to have a variance. Council Member Crema asked about the swimming pool being relocated to the lot across the street because the lot didn t appear that much different in size. He asked if that could be done and place a house where the pool would be. Mr. Fair stated they did look at that and would not have a buildable lot for a single family home where the pool stood because of the setbacks off the DNR basin. Council Member Jordan asked if the Council could pass it as is, do checking into the other zoning and change it on the second reading. City Attorney Thomson stated it was possible but not advisable. He stated the Council should decide which way they wanted to go and do that on the first reading. He stated there were two

11 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 11 different time frames at issue, one was the rezoning required 120 days, 60 days plus an additional 60 days and was not sure where it was at. He stated that time frame required the second reading to be done by 120 days and not the first reading. He stated the plat itself had a 120 day application and not sure where it was on that. He stated if there was any risk at all, those time periods were going to expire and if the developer was not willing to extend it, then his recommendation was that Council take action tonight because the city couldn t let those time periods expire. Council Member Trepanier stated he was also interested in the R3A zoning and if doing it would have 14 variances to consider. He stated Mr. Fair had a suggestion that the Council could include in one of the motions that it would be limited to single family homes. City Attorney Thomson stated regardless what was put in the declarations or conditions, if the developer didn t back away those declarations would be recorded and wouldn t be effective and was the concern. He stated he agreed it was an effective remedy but was only effective if those declarations got recorded and the developer went forward with the project. He stated there was a way to do that, example, Council could hold off recording the rezoning ordinance until the plat was approved and do it simultaneously. He stated once the final plat was approved and recorded those lots were of record. He stated the only way that could change was to come back to the Council and replat it. He stated he understood the planners said the lots were final platted and there was no way that a twin home could be built because they were not big enough. He stated if Council had the protection of the plat being recorded and the declaration saying no duplexes, believed at that stage, the rezoning concern or the duplexes was addressed. He stated the question was how to get there and didn t know the time frames. He stated one way to get there would be to adopt on first reading, the rezoning tonight to R4 and not act on the preliminary plat until Council knew of the final rezoning. He stated he just didn t know where the time frame was and how close it was to expiring. Planning and Development Director Sherman stated it wasn t close to expiring and their schedule today met the 120 days. She stated if it was extended out that was when the city would start having trouble. She stated if Council waited unit the December 16 to do the first reading and waited until the next meeting would be in January and had extended it once and knew they were in that second 60 days. City Attorney Thomson stated the plat did not require an extension and the statute for plats was 120 days unlike the 60 days for the zoning ordinance. He stated if it was still within 120 days and still there on December 16, Council needed to know the answer, as of December 16, was it still within 120 days of the application or if possible the developer could extend it.

12 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 12 Planning and Development Director Sherman stated the original schedule was to come back on second reading on December 16 which meant it was within 120 days and would check on it. City Attorney Thomson stated that one option for the Council would be to adopt the rezoning on first reading and staff would come back on December 16 with the second reading to make sure they had the appropriate language in there about the neighbors concern of the rezoning so they knew it wouldn t be effective until the final plat was recorded. He stated that in the meantime, the developer could go back see if they could do it with the R3 zoning and if the developer agreed to it. He stated that at that time it would be appropriate on second reading with the developer s consent to rezone on R3A. He stated he was concerned about doing that many variances on a plat and there had been no variance application submitted and were a lot of variances to be doing on a plat. He stated it didn t set a good precedent when the Council was saying, we are only doing this because we think it should be zone R3A. He stated if the Council was comfortable with the design of the plat, wanted to assure the neighbors that the plat would get recorded and didn t have duplexes, there was a way to get there. He stated he didn t think the best way to get there was with an R3A with that many variances. Mayor Lunde asked if the Council passed it on first reading with the intent to bring it back on December 16, would the Council table the second motion regarding the the platting until December 16. City Attorney Thomson stated yes and could continue it to the December 16 meeting. Council Member Crema stated if the plat wasn t recorded then the change in zoning didn t take effect. City Attorney Thomson stated yes and wouldn t publish the rezoning. He stated in order for the rezoning to be effective it needed to be published and if the Council said they were not going to publish the ordinance until the plat was recorded the same day then the zoning ordinance never became effective. He stated Council could repeal it without having to go through the public hearing notice requirement again. Mr. Fair, Landmark Development, stated within their covenants that would be recorded, could certainly put in all of the restrictions talked about and that had been ed to the city and on public record. Council Member Trepanier stated discussion was about R3A, variances and the real issue was to have it recorded and be single family only. He stated it didn t have to go to R3A to do it, Council could add language that said what Council wanted and add it to one of the motions.

13 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 13 City Attorney Thomson stated he agreed not to go to R3. He suggested doing the first reading on the R4, come back for the second reading and come back with the preliminary plat on December 16. He stated then everyone could make sure the right conditions were put into the resolutions and ordinance and assured the rezoning would not take place until this plat was recorded. 6.4 MOTION JORDAN, SECOND CREMA, TO WAIVE THE READING AND ADOPT ON FIRST READING AN ORDINANCE AMENDING CHAPTER 152 OF THE ZONING CODE TO REZONE PROPERTY FROM URBAN RESERVE (R1) TO DETACHED SINGLE AND ATTACHED TWO FAMILY RESIDENTIAL DISTRICT (R4) AND CONSERVANCY DISTRICT (CD) SOUTHEAST OF OXBOW CREEK DRIVE BETWEEN 105 TH TRAIL AND MARYLAND AVENUE. 16. Ian Gunn, th Trail North. Stated the residents didn t care if it was R3, but was talking about the density of number of people. He stated another concern was when the park behind that neighborhood had a party, everyone in the neighborhood could hear it and if a party was happening a half mile closer would get the same sound. He stated the Police Department had been contacted many times about that noise in that park from the neighborhood around them. He stated it was the density of houses not the R3 or compared to the rest of the neighborhoods. 6.4 THE VOTE ON THE MAIN MOTION PASSED (6 TO1), TREPANIER VOTED NO. 6.4 MOTION LUNDE, SECOND GATES, TO TABLE TO DECEMBER 16, 2013 RESOLUTION APPROVING PRELIMINARY PLAT # OF OXBOW COVE, SUBDIVIDING ACRES INTO 95 SINGLE FAMILY LOTS, ONE ASSOCIATION LOT, AND FOUR OUTLOTS, SOUTHEAST OF OXBOW CREEK DRIVE BETWEEN 105 TH TRAIL AND MARYLAND AVENUE. At 10:18 p.m. Mayor Lunde called for a recess and at 10:29 p.m. Mayor Lunde reconvened the meeting. 8.1 Recreation and Parks Director Jon Oyanagi briefed the Council on the the draft Brooklyn Park Strategic Plan for Golf. Mayor Lunde questioned if staff had researched a system that could depict when and who golfed, how much money they spent and tracked. Recreation and Parks Director Oyanagi stated they had looked into those systems and the system they were using would show reports very specific to each golfer, when they spent their money and how much they golfed. Council Member Trepanier questioned if the marketing plan was being done internally.

14 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 14 Recreation and Parks Director Oyanagi stated staff was doing the initial brainstorming on where to go and had partnered with Lancer who had offered their marketing staff and expertise. He stated Edinburgh USA would be wrapped into the branding and imaging as well. Council Member Trepanier stated it needed people with a professional background and training that were concerned with the city first. Golf Fees Council Member Gates stated that a number of years ago golfing nine holes was eliminated and was disappointed by it. He questioned if they had thought about bringing back nine holes. He stated that if Brookland was the gateway to golf it would be nice if people could play nine holes at Edinburgh. He stated they were losing a segment of people that might only have the time or skill set to play nine holes. Golf Manager Don Berry stated there was a nine hole rate at $26, but not many sold because the twilight rate was below that. He stated next year the nine hole would stay at $26 and the twilight would go to $29. Council Member Trepanier questioned if the punch cards had limits per day or if it that created a large problem. Recreation and Parks Director Oyanagi stated there was no limit and was actually the first punch cards that were offered and worked well. Council Member Mata questioned what the actual rate was when walking without a cart and stated it didn t make sense to have a cheaper rate to ride the cart versus walking. Recreation and Parks Director Oyanagi stated it was $43 to take a cart rather than pay the flat rate of $58. He stated the flat rate of $58 dollars was for walking because of the membership to the PGA Golf Card, which was a statewide program that allowed for two for one during certain time periods. He stated that rate was in place to help recover fees when the two for ones were being played. Council Member Trepanier questioned if the two for one card required golfers to take a cart. He stated some golf courses made a cart a requirement to get the deal. He stated it would be worth reviewing and seeing if staff could lower the rate but make golfers pay for the cart. Major Decision Points Council Member Trepanier questioned what exactly a golf course manager was and how it differed from what was being done now.

15 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 15 Recreation and Parks Director Oyanagi stated it was identifying a person that would be the main decision maker in the operation of the golf course. Council Member Crema stated he was in favor of the debt forgiveness because the golf course funded the hockey rink. He stated he was not in favor of $2.5 million for improvements and could accomplish updates more effectively with better signage, backdrops and hiring some kids but didn t need to spend that much. He stated he liked the idea of a golf manager and that individual would be in charge of trends, money, and potential issues. Council Member Mata questioned where the money the golf course was paying went to, what specific fund and how many years the golf course had been making those payments. Recreation and Parks Director Oyanagi stated the money went into a special debt fund set for the accounting of those funds. He stated the restructure was done in 2009 and owed into 2024 but unsure of the term. Council Member Mata questioned if there was a least a half million in that account and if not, where did that money go. He stated some of the improvements could be done with that money sitting in that account and was in favor of the debt forgiveness. He stated that regarding other streams of revenue, the golf carts could advertise the GPS at no real cost and would bring it to a class A golf course. He stated a lot of the changes had been made from requests at the meetings. He stated it needed a golf course manager that was in charge of the day to day operations and their performance would be evaluated and would be the authority to make decisions. The following individuals addressed the Council: 1. Mr. Dave Serie, rd Avenue North. President of St. Andrews Club, stated he agreed with Director Oyanagi that the public meetings had been excellent and got great input from the people that used it. He stated there were constructive ideas and some changes that could be made. He stated the Club members were the best marketers and hopefully the changes would make it better and allowed them to keep current members and get new members. 2. Mr. Sam Goff, 8848 West River Road, stated the city should not spend money if it was a losing business proposition. He stated there was a 21% decline in golfing in Minnesota and should not try to rescue it. He stated the plan contained cherry picked statics and wishful thinking and the recommendations were contradicted by its own research. He stated the money would be moved around to subsidize funds for the wealthiest 1% who played golf and there were opportunities being sacrificed to help the wealthiest 1% of Brooklyn Park. He stated the city could attract new

16 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 16 business and good paying jobs instead of looking to redo the golf course. He stated there was the ability to create a new high speed internet infrastructure but instead were paying a golf consultant and remained in debt. He stated the money should be invested into the future or work with the previous owner of the land and find a flexible way to use the land for its intended purpose. 3. Ms. Elizabeth Goff, 8848 West River Road, stated there were so many things wrong with the plan and would be a decline in golfers due to the plan. She stated the funds to improve it was for a select few when the funds should be for the improvement for all Brooklyn Park residents. She stated the proposal was not well thought out and the consulting firm had only showed what Council wanted to see, but making it profitable was still a form of subsidizing. She did not agree with it, did not think it was for the majority of the residents and did not represent the diverse population of Brooklyn Park. Council Member Gates questioned if the plan included a maintenance plan for Edinburgh because there wasn t a plan and that was part of the reason it was in that situation. He stated the bunkers didn t have maintenance and a replacement plan for them. Recreation and Parks Director Oyanagi stated in the plan was a detailed outline of the tasks that would be examined and there would be a revised plan. He stated there was a current plan where all the capital was laid out on each piece of equipment and a replacement schedule. He stated all of the maintenance tasks and hours staff spent were accounted for. He stated there was a 20% increase to be reinvested in the capital replacement of equipment and it was in the presented plan. Council Member Gates stated he wanted to make sure there was a document about the replacement plan and that was why the bunkers were in bad shape. He stated five years was too long to see if they were profitable and needed to look at three years. He stated he had read the notes of the meetings and his concern was to be sure there was a documented plan that showed replacements and have the money to replace those items. He stated his largest concern was with the people running it. Council Member Jordan stated the city should not sell the course but should be looking at leasing options because golf course management companies existed and could turn courses around at their expense. He stated he did not want to give a five year period, three may be too long and stated if it was not making progress at the end of year two, to consider leasing options. He stated staff should not use the city website to sell a Robert Trent Jones golf course and a government website was not a path to success. He agreed that the director of golf needed to be the director of golf and needed the authority to make decisions and opportunities to succeed or risked failing.

17 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 17 Recreation and Parks Director Oyanagi stated the course improvements would be done in 2014 and 2015 and the numbers of rounds would be down as people found out the course was under construction and that was why five years was suggested so the following three years could gauge the performance of the course. Council Member Crema stated the significant amount of repair or improvements should be on a compressed schedule so as to not affect play for two or more seasons. He stated it should be done to affect play for one season and the golfers could see the improved course the next season. He stated a golf course committee had been mentioned and comprised of a good cross section of people and could review the course quarterly for progress and numbers continue to improve and if progress was not being made, could review the leasing options. Council Member Jordan stated staff needed to figure out how to compress the improvements and Council needed to get it done. He stated he would never vote for a bond issue on it and needed to figure out other ways to do the improvements. Mayor Lunde stated he appreciated the time frame but the money would be an issue and the Council would have to fund the improvements at the rate they wanted the improvements done. He stated he would like benchmarks or measurable points as to where they might be so it could be tracked and Council could tell if they were hitting early benchmarks, even if it was less. He stated he was open to leasing but got nervous if those companies came to the Council and decided to terminate the contract and would be in a situation to buy back the course. He stated he believed the plan had promise and needed a detailed plan with a timeline and a tight marketing plan. He stated the city website didn t need to be selling the course and needed things to happen at once but could say by next summer if all this change didn t happen would be out. He stated he supported the debt forgiveness. He questioned if there was analysis done on what the golf course affect did to the value of the homes around the course and if that affect was measureable. He asked if the golf course disappeared what that would do to the home values because the golf course did have a direct effect on the sizable amount of the tax base. Council Member Trepanier stated that a lot of what he had seen tonight he agreed with to include forgiving the debt, exploring GPS, landscaping, and the parking lot. He stated there needed to be a plan for the golf course dependent on the time limitations and needed to move forward. He stated that the $2.5 million on the clubhouse was alarming and needed to see a wow factor before he could agree with it.

18 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 18 Council Member Jordan stated the course should not be sold and the leasing option should be explored and should call around and talk to some groups that run some nice courses all over the country. He questioned if calls could be made to learn about it and what services they offered. City Manager Verbrugge stated that in order to give the Council a fair perspective on a third party option would require a lot of work to be done. He stated staff would share financials and they would give proprietary information on how they operated in order to give a reasonable recommendation. He stated he was looking for direction from Council on how much effort to be put forth. Council Member Jordan stated if it didn t look good he wouldn t vote for it but Council needed to give themselves every possible opportunity before jumping into a three or five year plan that might not work. He stated it was not fair to the tax payers if Council didn t look at that option. Council Member Crema stated he was not opposed to leasing but opposed to leasing today and having Director Oyanagi and staff do the research now. He stated Council could review the leasing this summer but needed to start on the repair and remediation now. He stated giving a golf manager the authority and responsibility could be beneficial. Recreation and Parks Director Oyanagi stated he would come up with a specific timeline, what would be done, how much it would cost and what they would need to fund the improvements. He stated they could condense the timeline and give benchmarks what success would mean along the way. Mayor Lunde questioned if a project plan was possible for it so Council could see each step laid out, at what point things would be done, money would come in and go out. He stated Council liked three years better than five years and just seeing a plan on paper might be helpful. He questioned, in terms of rounds, how much the work would cost. Recreation and Parks Director Oyanagi stated there was a five year plan laid out but it could be refined and condensed down to quarterly. He stated they could estimate the work and how much it would cost and could estimate how the work would affect the business in rounds. 9A COUNCIL MEMBER REPORTS AND ANNOUNCEMENTS Council Member Trepanier stated he had been contacting legislators who represented Brooklyn Park about the Local Government Aid and was getting different responses from what he understood before. He stated some would like it to go to tax relief but a number of towns and cities were not doing that and doing other kinds of things.

19 BROOKLYN PARK COUNCIL MEETING; NOVEMBER 25, 2013 Page 19 9B CITY MANAGER REPORTS AND ANNOUNCEMENTS None. ADJOURNMENT With consensus of the Council, Mayor Lunde adjourned the meeting at 12:01 a.m. DEVIN MONTERO, CITY CLERK JEFFREY JONEAL LUNDE, MAYOR