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HomeMy WebLinkAbout2005 07-25 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 25, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Rallie Rondorf, 5506 Oliver Avenue North, addressed the Council to inform that a property near him had no fence around a swimming pool and to express concern about all the building taking place in the City. Mayor Kragness informed that the Code Enforcement Department would be notified of the fencing issue. Nancy Carlson, 6024 Aldrich Avenue North, addressed the Council to request information regarding how long the tax district financing was created for, how much money had been collected, how much money had been spent, and how many businesses are included in Tax Increment Financing District (TIF) No. 2. City Manager Michael McCauley informed that he would have a copy of the State Report along with a map and the duration of TIF No.2 assembled. Ms. Carlson asked if Kohl's Department Store was included in TIF No. 2. Mr. McCauley responded that Kohl's Department Store was included with TIF No. 3. There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 07/25/05 -1- 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor reported that she attended the Shingle Creek and West Mississippi Watershed Management Commissions meeting and informed that they had a public hearing. She discussed that at the meeting she heard they were not going to spend $300,000 on the Shingle Creek project in Brooklyn Park, and that it was going to cost three quarters of a million. She expressed that she believes this does not solve the chloride problem and makes the dissolved oxygen problem worse. She reported that she attended the National Night Out Committee meeting and that the Kick - Off Event will be July 31, 2005, from 2:00 p.m. to 6:00 p.m. in the parking lot at City Hall; and National Night Out on August 2, 2005. Councilmember Lasman reported that she attended two meetings on July 13, 2005. One was a Crime Prevention meeting and the other was an Opportunity Site Task Force meeting. At the Crime Prevention meeting they discussed the National Night Out Kick -Off Event and National Night Out. She informed there would be lots to do at the Kick -off Event and encouraged residents to attend. The Opportunity Site Task Force meeting was not a public meeting; however, the public was welcome for observation. At this meeting the discussion pertained to zoning and the selection process of a developer. She informed there would be two more task force meetings, one on August 3, and one on August 24, if the public would like to hear an update on this site. Councilmember Carmody reported that she attended the Earle Brown Days Committee meeting and that they discussed this year's Earle Brown Days events. She attended the same watershed meeting that Councilmember O'Connor attended and informed that it does appear that the project in Brooklyn Park will go through; however, the issue was tabled until August. She informed that the Earle Brown Days Committee will have a booth at the National Night Out Kick -Off Event and there will be other booths to find out information regarding other City programs. 07/25/05 -2- Councilmember Niesen discussed that the Financial Commission meeting had been postponed to July 28, 2005. She wished to mention a story about a missing dog and discussed the flyer that was located in Brooklyn Center. She asked if anyone knew information about this missing dog to contact the City and that she would handle it from there. Mayor Kragness wished to remind the Council of the Visit Minneapolis North Reception on July 27, 2005, from 4:00 p.m. to 6:00 p.m. She asked those Council Members who plan on attending to contact Visit Minneapolis North. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O'Connor informed that she would like the following corrections made to the July 11, 2005, Regular Session minutes: Paize 13, Paraizranhs Four and Five Councilmember O'Connor asked that the typo in the addendum to the City Manager's contract be amended to August 1, 2005, on number one, third paragraph. Councilmembers Niesen and O'Connor voted against the original motion which was to adopt the resolution. Motion passed. Paae 13, Para2ranh Seven Councilmember O'Connor inquired "who any party willing to receive the property" would be with regards to the language on page two of the resolution. Mayor Kragness responded that Project P.E.A.C.E. and the Minnesota Computers for School Refurbishing Program are some of the parties. Paee 14, Paragraph Eiaht Councilmember O'Connor asked if the MPCA would need to approve this before the project can take place. Mr. Boganey responded that he believes they do have to review and approve it before the project can go forward. Staff would like to get on a dual track so that the City can take the bids at the same time they are reviewing the plans and specifications. This may at some point require, if they suggest changes, an addendum to the final bids and specifications. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda with the amended June 27, 2005, Regular and Work Session minutes and the July 11, 2005, Regular Session minutes. Councilmember O'Connor informed that she would like to have Consent Item 7f, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees, removed and placed as Consideration Item 9d. 07/25/05 -3- Councilmember Lasman amended her motion to add the request of Councilmember O'Connor to remove Consent Item 7f, to Consideration Item 9d, seconded by Councilmember Carmody. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the June 27, 2005, Regular and Work Session minutes; and the July 11, 2005, Study, Regular, and Work Session minutes. Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses: MECHANICAL Minnesota Heating & Air 10701 93rd Avenue North, Maple Grove Affordable Air & Heating 4030 Hayes Street NE, Columbia Heights RENTAL Renewal: 5001 Ewing Avenue North (Four Plex) Bartholomew Dabrowski 5712 Logan Avenue North (Single Family) Dwayne Meier 5842 Vincent Avenue North (Single Family) Christopher Olson 6854 West River Road (Single Family) David Wagtskj old 6845 Willow Lane (Single Family) David Wagtskjold 6012 Zenith Avenue North (Single Family- GroupHome) Hearthstone Properties Initial: 3700 55 Avenue North (Single Family) Ron Sonnek 1609 68 Lane (Single Family) Jeremy Ziegler 5824 Bryant Avenue North (Single Family) Shantoya Young 3806 Eckberg Drive (Single Family) Jesus Preciado 7137 Grimes Avenue North (Single Family) Shawn Banks 6342 Orchard Avenue North (Single Family) Art Zirk Motion passed unanimously. 7c. RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2004-01,02,03 AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 07/25/05 -4- RESOLUTION NO. 2005-111 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03 AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7d. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005-07, CONTRACT 2005 -B, 2005 STREET SEAL COATING RESOLUTION NO. 2005-112 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2001-07, CONTRACT 2005 -13, 2005 STREET SEAL COATING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7e. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005-11, CONTRACT 2005 -F, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 RESOLUTION NO. 2005-113 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005 -11, CONTRACT 2005 -F, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 07/25/05 -5- This item was removed from the Consent Agenda and placed as Consideration Item 9d. 8. PUBLIC HEARING ITEMS 8a. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY City Manager Michael McCauley discussed that in May the Council adopted a resolution and introduced the proposed ordinance amendment. The proposed ordinance was done in addition to the resolution to add some enforcement with respect to the quiet zone. The City received acknowledgment from the Minnesota Department of Transportation and the Railroad that they received the notices required under Federal Law and they had no comments on the proposed quite zone. A motion by Councilmember Lasman, seconded by Councilmember Niesen to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2005-05 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. 8b. AN ORDINANCE AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED FOR CERTAIN LAND IN THE CITY Mr. McCauley discussed that when the Osseo School District entered into a land swap with the City for their adult learning center along Brooklyn Boulevard, the City Attorney's Office identified an area of land questionable in terms of whether or not the property line was measured from the center line of Brooklyn Boulevard or measured from the right -of -way line. Mr. McCauley reviewed the area in question and explained that the ordinance would quit claim the property to the property owner who owns the residence that is located in the area. 07/25/05 -6- A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2005-06 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED FOR CERTAIN LAND IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (TO BE ADDRESSED 6300 EARLE BROWN DRIVE) Mr. McCauley discussed this is the property adjacent to the Earle Brown Heritage Center (EBHC) that is proposed for a hotel development. The Planned Unit Development (PUD) incorporates the layout of the property and the requirements for the development consistent with the zoning code. Community Development Director Brad Hoffman discussed this project and the reason for a PUD, primarily the setback requirements. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Howard Roston, Attorney representing a group called "Concerned Citizens for Brooklyn Center ", addressed the Council to inform that they oppose this project and believe it is a bad use of public taxpayer dollars and not in the best interest of the public. He discussed that they believe under the PUD standards the Council can consider the public need or benefit of this project and the impact on the neighborhood. Regarding the public need or benefit, they fail to see how there could be a public need or benefit for a water park that apparently is not open to the general public. They believe the project is premature because it appears that the existing sanitary sewer is not yet sufficient for the project, the development agreement is lacking an exhibit about what is required for the developer, and there are terms that are not resolved, which demonstrates a lack of thought that was put into this project. They believe this project should be denied at this time and would also like to request that the Council not pass this item granting the PUD. 07/25/05 -7- Councilmember Niesen questioned what exhibit was missing from the development agreement. Mr. Roston discussed he believes there is an exhibit missing that talks about the minimum improvements that the developer is going to do. He has asked for that exhibit and not received it which leads him to believe that there is a signed development agreement that is lacking some of the exhibits. He informed that he has repeatedly asked for updated versions of the development agreement and if that had been subsequently amended by the parties he has not been provided that. He encouraged the Council to inquire City staff of what needs to be done with that development agreement for it to be final. Mayor Kragness expressed concern about the fact that she has not heard from one person of this group and inquired of a name or names of anyone who belongs to the group. Mr. Roston discussed that the group consists of approximately 20 people, all ofwhom are members ofthe City. The names are going to remain confidential out of fear of retaliation. Mr. Roston informed that he was provided a middle finger gesture from a Planning Commissioner; and that would be the type of conduct people are concerned about. She asked if the group had just recently been formed. Mr. Roston responded that it is his understanding the group was just recently formed. Councilmember Niesen expressed concern about the conduct of the Planning Commissioner and believes that all Commissioners representing the City need to have acceptable behavior. Mayor Kragness discussed that she believes all of the Commissioners are under the same Code of Conduct as Council Members. She informed that she would speak to the Chair of the Planning Commission and follow from there. Councilmember Niesen informed that she would like to hear back on that follow -up through. Mr. Roston informed that other than this one incident he has had no problems with the City and has a tremendous amount of respect for Brad Hoffman and the City staff. Councilmember Lasman inquired if the 20 members of the group are Brooklyn Center citizens or have a business in Brooklyn Center. Mr. Roston responded that he is 99 percent confident the members are Brooklyn Center residents and that he could confirm that in a letter back to the City if that is a concern. He informed that he has offered to provide the City street names and zip codes. Councilmember Lasman inquired if the President of the group is a resident of Brooklyn Center. Mr. Roston informed that the President was present this evening and inquired of him if he was a Brooklyn Center resident. The President of the group informed that he was a resident of Brooklyn Park. She questioned if any of the members of the group have been affiliated in anyway with other companies that are involved in operating hotels or water parks. Mr. Roston responded that he does not know the answer to that question. 07/25/05 -8- Ray Kittleson, Concerned Citizens for Brooklyn Center President, addressed the Council and responded that members were not at all involved with any companies operating hotels or water parks. All of the members are residents of Brooklyn Center and are not affiliated with other companies that are involved in operating hotels or water parks. Councilmember Carmody asked if that included him. Mr. Kittleson responded that includes him. Councilmember Lasman inquired whether the postcards were part of a campaign that is designed to prevent competition and if the mass mailings were financed in any degree by people who are involved in developing or operating water parks. Mr. Kittleson responded that the postcard financing was from his group. Councilmember O'Connor asked if Mr. Hoffman could react to some of the statements. Mr. Hoffman informed that he believes Mr. Roston is aware and has been informed by the City's Attorney that the exhibit he is referring to is commonly attached to the development agreement after it is passed through the Planning Commission and has been approved by the Council. The item before the Council this evening is the exhibit that would be attached to the development agreement if approved by the Council this evening. Mr. Hoffman discussed that as to the question who filed the non - profit corporation, he finds it interesting Mr. Roston is unaware of that, since Mr. Roston works for Malkerson Law Firm and Bruce Malkerson filed it the day that they filed the lawsuit against the City. Mr. Roston responded that he does not believe that is true and if it is, then he missed it. He does not keep track of everything that Mr. Malkerson does; he is his law partner; and he is pretty sure they did not do that. Mr. Hoffman informed that he has seen documentations of the fact that Bruce Malkerson filed on the day of the lawsuit. Councilmember O'Connor asked what will be in the exhibit that is going to be attached after the Council approves it. Mr. Hoffman discussed that it would be reference to certain documents that the Council has seen and already approved. Councilmember O'Connor inquired if the item this evening is giving a waiver to one of the City's ordinance. Mr. Hoffman discussed that typically when the City is doing a PUD, especially in redevelopment projects, they are done with a PUD for a number of reasons and it is to deal with specific citing problems with a given location. Councilmember O'Connor inquired how much the City is spending for this project. Mr. Hoffman responded that the City has a development agreement and the developer would receive tax increment that they generate for basically the remainder of this particular tax increment district which ends in 2010. By the time they complete this project, which would be paid 2007, they are looking at maybe three years of tax increment financing (TIF); and at something approximately a little over a million dollars at this point in time. She asked if that would be a million dollars total. Mr. Hoffman responded an excess of $1 Million, with a maximum of approximately $2 Million. Mr. McCauley indicated that it would be $2.6 Million; and Mr. Hoffman informed that he believes it will not reach $2.6 Million. Mr. McCauley discussed that the development agreement is termed pay as you go and what the developer receives in TIF is only generated from taxes that create increment. If the developer generates an amount less than the maximum amount set forth in the development agreement, the developer receives the lesser amount. If there is no increment or if the increment is less than projected, that is what the developer gets. 07/25/05 -9- The Economic Development Authority (EDA) does not provide the developer with any funding in tax increment that is not generated because of the development itself. Councilmember O'Connor inquired if this is in TIF District No. 2. Mr. McCauley responded that is correct. Tony Kuefler, 5943 Abbott Avenue North, addressed the Council to express that he finds it unusual that someone from another community would come to the City to get involved in a debate of a development in Brooklyn Center and hopes that the Council would not put much thought in their request to deny this development. Mary Revard, 1333 68 Avenue North, addressed the Council to express that she does not believe this development would be a benefit to Brooklyn Center residents since residents would not be able to use the water park; and that this development would only drain more on the Police and Street Departments. Mayor Kragness discussed that it is a possibility that the management may consider how they run the water park and change it so that residents can use the water park just like Brooklyn Park's water park. Rallie Rondorf, 5506 Oliver Avenue North, addressed the Council to ask how they are going to pay for the hotel. Mr. McCauley discussed that the project is financed in three fashions. The developer will secure private financing, provide their own equity, and then the developer will receive tax increment that is generated by the hotel through taxes paid in 2010, up to a maximum of $2.6 Million. Also involved in the development agreement is EDA participation in the construction of a link from the EBHC to connect to the hotel development. Councilmember O'Connor asked if the City would borrow money or put out bonds. Mr. McCauley responded no; going back to the description, it is pay as you go. The source of funding for the tax increment note comes only from the receipt of taxes that are transmitted from Hennepin County and have been collected above the base value that would not exist as taxes unless the hotel was built and it achieved a certain valuation. Councilmember O'Connor asked if these are taxes from all over TIF District No. 2. Mr. McCauley responded in this case it is only the taxes generated by the hotel itself and does not receive the benefit of increment from other development in TIF District No. 2. Nancy Carlson, 6024 Aldrich Avenue North, addressed the Council to express and discuss her concern about TIF. She believes that the City needs to look at TIF in a different direction. She commends Mr. McCauley for TIF on a pay as you go; however, she believes this does not make it any better. She expressed that she believes the hotel is an ugly development for the City and the EBHC; and that the City does not need another hotel. Ralph Johnson, 5440 Bryant Avenue North, addressed the Council to discuss and express concern about the increasing rental fees and TIF. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. 07/25/05 -10- i Councilmember Niesen asked for clarification regarding the ordinance amendment. Mr. McCauley discussed that the underlying zoning remains C1A and in the Zoning Ordinance Section 35 -1180, it identifies all of the lots zoned C 1A. Then, keeping the same underlying zoning of CIA, Lot 1, Block 1, is a PUD /C 1 A and calls out all of the PUD's individually. She inquired if the City has to go through this ordinance change for every PUD. Mr. McCauley responded that would be correct. Councilmember Niesen asked if this PUD approval this evening comes with any strings or other approvals. Mr. McCauley discussed that the Council previously authorized the development agreement and this ordinance facilitates that the Council is setting forth the site plan and PUD. The EDA is already being sued by the Concerned Citizens group with the law firm that Mr. Roston is a member. The only thing the Council is approving this evening is the rezoning of the PUD on a recommendation of the Planning Commission. She asked when the Council approved the development agreement was it preceded by a public hearing or did the Planning Commission hold a public hearing. Mr. McCauley discussed that there was at least one or perhaps more public hearings with respect to the proposed development agreement. The business subsidy proposal, which is incorporated in the development agreement with respect to the actual use of the TIF, was the subject of a public hearing on the business subsidy. Legal notices with respect to the public hearings and possibly other coverage was published in the Sun Post Newspaper. Councilmember Niesen discussed the TIF process that has been used and expressed that she believes it is unfortunate that the City has to freeze taxes for school districts and other things. She informed that the City will continue to have discussions regarding TIF and encouraged residents to help the City talk about TIF. Councilmember O'Connor expressed that she believes this development is going to be too close and hide the EBHC Farm. She inquired how the City would be getting rid of the water from the water park and the Earle Brown Heritage Center when there is already water in the basement of the conference center. Mr. McCauley discussed that the groundwater issue is not related to water that is in a contained environment; and the water park would be a contained environment. She inquired where the water from the water park will go. Mr. McCauley discussed that the water coming from the water park will end up in the sanitary sewer; and the water from the Earle Brown Heritage Center will end up in the storm sewer. Councilmember Lasman discussed that she believes the EDA and Council have aggressively pursued the development of this site; and with Calthorpe suggesting in their Smart Growth Study several years ago that this was a recommended use for this area, she believes this use would broaden the usage of the Earle Brown Conference Center, attract and lead to new development in that area, and improve the conference center's position in a conference /meeting /convention market. ORDINANCE NO. 2005-07 Councilmember Lasman introduced the following ordinance and moved its adoption: 07/25/05 -11- AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (TO BE ADDRESSED 6300 EARLE BROWN DRIVE) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE BUSINESS AND COMMUNITY ORGANIZATION SPONSORS OF EARLE BROWN DAYS Mayor Kragness read the resolution expressing recognition of and appreciation for the business and community organization sponsors of Earle Brown Days. RESOLUTION NO. 2005-114 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE BUSINESS AND COMMUNITY ORGANIZATION SPONSORS OF EARLE BROWN DAYS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9b. PROCLAMATION DECLARING AUGUST 2, 2005, NATIONAL NIGHT OUT IN THE CITY OF BROOKLYN CENTER Mayor Kragness read the Proclamation Declaring August 2, 2005, National Night Out in the City of Brooklyn Center. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring August 2, 2005, National Night Out in the City of Brooklyn Center. Motion passed unanimously. 9c. CODE ENFORCEMENT UPDATE Police Chief Scott Bechthold provided a PowerPoint presentation on Code Enforcement that included a code enforcement violation summary, a three year comparison of code violations, code enforcement practices, improvements for code enforcement in 2005, apartment calls for service, and the May Mobilization Program. 07/25/05 -12- Chief Bechthold informed that currently they are in full swing and at the midpoint of the annual summer sweep. He wished to inform that code enforcement is not only done May through October. The Police Department has two people who are dedicated to code enforcement activities and to date I they have identified 808 violations between the first of the year and the end of June. They have sent 702 first letters. As part of the summer sweep they have already went through the City and conducted first inspections including residences, apartments, and businesses, and they are now working on second inspections and follow -ups. They are starting to send second letters and have sent 300 thank you letters for people who have come into compliance, issued 16 citations /formal complaints, and unfounded 25 complaints. He discussed that code enforcement is a combination of the Neighborhood Liaison Officers going out in the community and enforcing the code ordinances, and also responding to complaints by the general public. The goal in this endeavor is to seek voluntary compliance and they have had good success with the majority of the City. Chief Bechthold discussed that since the Police Department has become more active with the apartment managers it has improved the monitoring of the City as far as code enforcement and expressed that he believes City Ordinance Sections 12 -911 and 12 -913 helped with the decrease in the number of calls for service. Chief Bechthold discussed the results of the May Mobilization Program and informed that this is the third year the City has been involved with this program. Councilmember Lasman asked if the process for repeat offenders is being refined or is it continuing as it has in the past. Chief Bechthold informed that he realized today he had not provided that in the materials and will get that information for the Council. They continue the same aggressive monitoring program with the problem properties and start with those properties in January; however, there are some properties that are ongoing. Councilmember O'Connor asked about the four properties on Logan Avenue. Chief Bechthold informed that they had finished inspecting those properties this afternoon and all four properties are rental properties. He discussed when he was informed of the complaint he sent out a Neighborhood Liaison Officer who inspected the properties and then he followed up to with an audit with Lieutenant Benner. The inspection found that all four properties are sound and have fairly new roofs and siding. There was a shelf and a garage door that needed repair and first letters were sent. She asked if he had spoken with the individual that wrote the letter. Chief Bechthold responded that he believes the Neighborhood Liaison Officer was going to do that and will check and report back to the Council. Lamonte Dehn, 5712 Humboldt Avenue North, addressed the Council to express concern about the traffic at 69 Avenue North Brooklyn Boulevard and Bass Lake Road/Brooklyn Boulevard and inquire if the City will be considering or budgeting a system like the City of Minneapolis has with cameras at intersections. Chief Bechthold responded that he believes a lot of cities will be looking into that type of system in the future and at the current time he is not aware what those cameras cost. 07/25/05 -13- 9d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2005-115 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor voted against the same. Motion passed. g p 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 8:30 p.m. Motion passed unanimously. awl 6 t-" _ k City Clerk Mayo 07/25/05 -14-