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HomeMy WebLinkAbout2003 05-12 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 i REGULAR SESSION MAY 12, 2003 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Robert Batta, 5655 Brooklyn Boulevard, addressed the Council to discuss the recent dog attacks and what had been going on in his neighborhood. He informed that he is the President of the National Little League and has little kids at his place quite often and is scared for them. Mayor Kragness asked if the dog had been seen running around the neighborhood. Mr. Batta responded that the dog was not always running around; however, the dog is used as a threat at times. Mark Robbins, 5649 Brooklyn Boulevard, addressed the Council to present a letter received from Susanne Eidson Painting. Mayor Kragness read the letter that identified that Susanne Eidson had been painting at 5649 Brooklyn Boulevard for two weeks and never felt threatened by the dogs during that time. Mr. Robbins informed that the dog was on a two -inch toe chain and had broken free. He expressed that everyone feels bad about the attacks. Shirley Timm, 5654 Northport Drive, addressed the Council to express her concerns with the dogs. Lis Griffith, 5700 Northport Drive, addressed the Council to discuss that the dog was in the front yard, not in a kennel, and that she believes it is wrong what they have taught their dogs. Karyn Huemoeller, 3101 Quarles Road, and business owner near 5649 Brooklyn Boulevard, addressed the Council to discuss that she does not believe these dogs are neighborhood nuisances, they are dangerous; and wished to inform that there was recently gunshots from this property. 05/12/03 -1- Renee Bradley, 5701 Brooklyn Boulevard, addressed the Council to discuss that she runs a daycare out of her home and that she does not feel it is safe to have these dogs. Councilmember Niesen asked if there was something being requested from the Council. Ms. Timm expressed that the dogs should not be there. Councilmember Peppe expressed that this issue is a concern and that he does not believe they have heard the last of it. Mayor Kragness reminded the residents that the Police Department is monitoring the property and Councilmember Carmody informed that the City's Prosecuting Attorney is reviewing the issue. Councilmember Carmody suggested that staff report back to those who spoke this evening regarding the status of this issue. A resident in the audience asked how they would be safe in the meantime. Mr. Robbins informed that they will be putting up a fence and that the dogs would not be kept outside in the meantime. Mayor Kragness expressed thanks to all those attending the Informal Open Forum to discuss this issue. Councilmember Niesen reminded those present that they could call the City anytime. Councilmember Peppe requested that the Council be notified of any occurrence that happens at 5649 Brooklyn Boulevard. Barbara Brown, 5145 Xerxes Avenue North, addressed the Council to inform that she believes there is a residence on her block (5223 Xerxes Avenue North) that has more than two pit bulls. Councilmember Peppe asked that the Council discuss and review the animal ordinance. Councilmember Niesen agreed that she would like to review the animal ordinance. John Russell, 5312 Lilac Drive North, addressed the Council to discuss that he is in favor of the City's gambling ordinance changes; however, he would like to see 80 or 85 percent of gambling proceeds being spent on lawful purposes within the City of Brooklyn Center. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Informal Open Forum at 6:57 p.m. Motion passed unanimously. 2. INVOCATION Ed Nelson, former Council Member, offered the Invocation. 05/12/03 -2- 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 7:05 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Prayer Breakfast on May 3, 2003, the final two Neighborhood Watch Group meetings on May 6 and 8, 2003; and reminded that the Crime Prevention golf event will be held on May 16, 2003. If anyone is interested in the golfing event they can contact the Police Department for more information. Councilmember Niesen reported that she had hoped to attend the Prayer Breakfast on May 3, 2003; however, she was attending the Land Use Basics Seminar and was not able to attend this year. She hopes to attend the Prayer Breakfast next year. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the agenda and consent agenda with amendments made to the April 28, 2003, study session minutes; and the removal of Consent Agenda Items 7c, Resolution Declaring Elected Officials be Considered Employees for Worker's Compensation Insurance Purposes, and 7d, Resolution Authorizing Settlement Agreement and Release with Blumentals Architecture Inc., to Council Consideration Items 9h, and 9i. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the minutes of April 28, 2003, study session with the following added: 05/12/03 -3- Councilmember Niesen questioned the status of her memos and e-mail. She would like it written that she agreed with Councilmember Peppe that there should be no scripting of the minutes, and that she wanted her e-mail included with the minutes; and the April 28, 2003, regular session, and May 5, 2003, Board of Appeal and Equalization. Mayor Kragness abstained from the vote. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. MECHANICAL Air Masters Inc. 5885 149 Street West, Apple Valley Eden Prairie Heating & Air 16051 Berger Drive, Eden Prairie LBP Mechanical Inc. 315 Royalston Avenue North, Minneapolis Louis Degidio Inc. 21033 Heron Way, Lakeville Practical Systems 4342B Shady Oak Road, Hopkins Master Gas Fitters Inc. 2263 North McKnight Road, North St. Paul Total Heating & A/C Inc. 6960 Madison Avenue West, Golden Valley United Heating & A/C 1295 Hackamore Road, Medina MOTOR VEHICLE DEALERSHIP Brookdale Dodge, Inc. 6800 Brooklyn Boulevard RENTAL Renewal: 1107 57 Avenue North Bob and Sally Robson 4700 Lakeview Avenue North Nancy Dahlquist Initial: 5200 Drew Avenue North Morris Matthews 5948 Fremont Avenue North Ryan Coller 5030 Lilac Drive North Adelaide Cassell SIGNHANGER DeMars Signs Inc. 410 93` Avenue NW, Coon Rapids Pyramid Sign Ltd. 432 South Wabasha Street, St. Paul Signcrafters Inc. 7775 Main Street NE, Minneapolis TOBACCO RELATED PRODUCT B C Tobacco 6014 Shingle Creek Parkway 7c. RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES 05/12/03 -4- I This item was removed from the Consent Agenda and laced on Council Consideration as item 9h. i g p 7d. RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH BLUMENTALS ARCHITECTURE INC. This item was removed from the Consent Agenda and placed on Council Consideration as item 9i. 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003 -76 Councilmember Lasman 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 Niesen. Motion passed unanimously. 7f. RESOLUTION REVOKING DESIGNATION OF MUNICIPAL STATE AID STREETS (50 AVENUE NORTH FROM FRANCE AVENUE NORTH TO CSAH 152 BROOKLYN BOULEVARD), AND FRANCE AVENUE NORTH FROM LAKEBREEZE AVENUE NORTH TO 50 AVENUE NORTH AND RESOLUTION ESTABLISHING DESIGNATION OF MUNICIPAL STATE AID STREETS (50 AVENUE NORTH AND AZELIA AVENUE NORTH FROM FRANCE AVENUE NORTH TO LAKEBREEZE AVENUE NORTH, AND LAKEBREEZE AVENUE NORTH FROM AZELIA AVENUE NORTH TO T.H. 100) RESOLUTION NO. 2003-77 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REVOKING DESIGNATION OF MUNICIPAL STATE AID STREETS (50 AVENUE NORTH FROM FRANCE AVENUE NORTH TO CSAH 152 BROOKLYN BOULEVARD), AND FRANCE AVENUE NORTH FROM LAKEBREEZE AVENUE NORTH TO 50 AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 05/12/03 -5- RESOLUTION NO. 2003-78 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING DESIGNATION OF MUNICIPAL STATE AID STREETS (50 AVENUE NORTH AND AZELIA AVENUE NORTH FROM FRANCE AVENUE NORTH TO LAKEBREEZE AVENUE NORTH, AND LAKEBREEZE AVENUE NORTH FROM AZELIA AVENUE NORTH TO T.H. 100) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2003-003 SUBMITTED BY ESM LIMITED, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE TWO PARCELS OF LAND AT THE SOUTHEAST CORNER OF 60 AVENUE NORTH AND BROOKLYN BOULEVARD INTO A SINGLE LOT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 1, 2003, MEETING. City Manager Michael McCauley discussed that the Planning Commission reviewed and recommended approval of Planning Application No. 2003 -003 submitted by ESM Limited LLC for preliminary plat approval to combine two parcels of land at the southwest corner of 60'' Avenue North and Brooklyn Boulevard into a single lot. Mayor Kragness asked if a one -story building would be suitable for this lot. A representative from ESM Limited LLC addressed the Council to respond that it would be suitable and discussed the proposal. Councilmember Carmody questioned the five-foot wide drainage and utility easement along the south property line. Planning and Zoning Specialist Ron Warren informed that the five -foot easement for drainage and utility easement is recommended and would fit in that location. The Planning Commission recommended approval of Planning Commission Application No. 2003 - 003 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing house and attached garage at 5960 Brooklyn Boulevard shall be removed from the premises. 05/12/03 -6- 4. Approval of the preliminary plat acknowledges this .8376 -acre site as being a buildable lot for C -1 uses and waives the one -acre requirement for development. 5. The applicant shall verify the location of the existing sidewalk easement prior to final plat approval. 6. The final plat shall show the appropriate right of way dedication for Beard Avenue North. 7. A five -foot wide drainage and utility easement shall be indicated along the south property line prior to final plat approval. 8. Building permits for construction of any buildings comprehended shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County and a Site and Building plan application has been properly reviewed and approved. i A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -003 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2003-004 SUBMITTED BY ATS & R (ON BEHALF OF OSSEO SCHOOL DISTRICT NO. 279). REQUEST FOR SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL FOR A BUILDING ADDITION TO GARDEN CITY ELEMENTARY SCHOOL AND TO CREATE AND RECONFIGURE PLAY AREAS AT THE SCHOOL AND THE ADJOINING GARDEN CITY PARK. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 1, 2003, MEETING. Mr. Warren outlined the materials regarding Planning Commission Application No. 2003 -004 submitted by ATS and R (on behalf of Osseo School District No. 279) requesting for special use permit and site and building plan approval for a building addition to Garden City Elementary School and to create and reconfigure play areas at the school and the adjoining Garden City Park. Mr. Warren pointed out that the Park and Recreation Commission reviewed this matter and had recommended approval with respect to the park facilities at its April 15, 2003, meeting. The Planning Commission recommended approval of Planning Commission Application No. 2003- 004 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 05/12/03 -7- I 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. I 3. An outside ash s de tr disposal facilities and rooftop or on ground mechanical equipment a ui Y r r �' � � shall be appropriately screened from view. 4. The building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. B -612 curb and gutter shall be provided around all parking and driving areas. 6. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 9. The special use permit is granted for the addition to the Garden City Elementary School and the modification and reconfiguration to Garden City Park as proposed in these development plans. Any expansion or alteration of the facilities not comprehended by this approval shall require an amendment to this special use permit. 10. The plans shall be modified to provide a concrete delineator for the 36 ft. wide driveway located at the northeast corner of the site. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 12. A new storm sewer easement shall be provided to protect the relocated 60 in. storm sewer. The appropriate portions of the existing storm sewer easement shall be vacated to reflect the realigned storm sewer location. 13. The applicant shall comply with the recommendations and requirements contained in the City Engineer's memorandum dated August 29, 2003. Mayor Kragness asked if the trees around the playground area would be saved; and questioned the parking since that school is used for Elections. Mr. Warren responded that the trees for the most part would be saved or moved; and discussed the parking facility would create 20 more parking spaces. She expressed concern with the handicapped parking. Mr. Warren informed that there is handicapped parking now and that the parking for handicapped would be accommodating. 05/12/03 -8- Mayor Kragness expressed that she likes the plan. Councilmember Carmody asked about the location for the buses going in and out. Mr. Warren discussed there is only a slight change with the proposal and that there would not be a significant change as to the process currently being used. Councilmember Lasman questioned if the budget would be the responsibility of the school district. Mr. Warren informed that it was his understanding that it is the school district's responsibility for the budget. Councilmember Niesen expressed that she believes this is a great plan and great improvement to the neighborhood. Councilmember Carmody questioned if the bulk of work would be done in the summer of 2004. A representative contracting for the school district addressed the Council to discuss that the project would be constructed this summer and that they will bid the site work next spring with a completion date before the 2004 school year starts. Councilmember Lasman discussed that she believes people will be delighted with this project and with great pleasure would make a motion to move this application. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve Planning Commission Application No. 2003 -004 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE ROTARY CLUB OF BROOKLYN CENTER TO PURCHASE AUTOMATED EXTERNAL DEFIBRILLATORS FOR THE CITY OF BROOKLYN CENTER Frank Slawson with the Rotary Club of Brooklyn Center addressed the Council on behalf of the Rotary Club to accept the resolution expressing appreciation for the gift of $8,000 to be used for purchasing three automated external defibrillators for the City of Brooklyn Center. Mayor Kragness read the resolution. RESOLUTION NO. 2003-79 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE ROTARY CLUB OF BROOKLYN CENTER TO PURCHASE AUTOMATED EXTERNAL DEFIBRILLATORS FOR THE CITY OF BROOKLYN CENTER 05/12/03 -9- I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF STEPHEN MCCOMB Mayor Kragness read the resolution expressing recognition and appreciation for the 30 years of dedicated public service of Stephen McComb. RESOLUTION NO. 2003 -80 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF STEPHEN MCCOMB The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9c. PROCLAMATION DECLARING MAY 18-24,2003, PUBLIC WORKS WEEK IN BROOKLYN CENTER Mayor Kragness read the Proclamation Declaring May 18-24,2003, Public Works Week in Brooklyn Center. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring May 18-24,2003, Public Works Week in Brooklyn Center. Motion passed unanimously. 9d. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF ARBOR DAY AND JUNIOR GOLF ACTIVITIES Mayor Kragness read the resolution expressing appreciation to the Brooklyn Center Lions Club for the gifts of $300 to support the City's annual Arbor Day activities and $200 to support the Earle Brown Days Junior Golf Tournament. RESOLUTION NO. 2003-81 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF ARBOR DAY AND JUNIOR GOLF ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 05/12/03 -10- 9e. RESOLUTION DECLARING RADIO REPEATER AS SURPLUS PROPERTY AND AUTHORIZING TRANSFER OF SAID PROPERTY Mayor Kragness asked if there were any questions regarding this resolution. No questions were asked. RESOLUTION NO. 2003-82 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING RADIO REPEATER AS SURPLUS PROPERTY AND AUTHORIZING TRANSFER OF SAID PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9f. STAFF REPORT ON REVISIONS TO THE PROJECT DESIGN AND SCOPE FOR THE MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 Mr. McCauley discussed that there had been some public meetings regarding this project and that this item is on the agenda for the Council to consider the options available. He asked that the Director of Public Works /City Engineer Todd Blomstrom outline the progress to date. Mr. Blomstrom presented a PowerPoint presentation that included background information, the project issues, design adjustments, landscaping and aesthetics, rip rap materials, and the stairway access and replacement. He provided a summary sheet with staff recommendations and options before opening the discussion for comments from the Council or the audience. Steve Jordan, 6640 West River Road, addressed the Council with some samples of granite and limestone. He informed the Council that he would prefer granite to limestone and stairway option two. He questioned who came up with the numbers for the limestone and granite. Councilmember Carmody thought it had been Mr. Mose from the Army Corps of Engineers. Mr. Jordan discussed that he had conversations with a friend about hauling granite and limestone and received some quotes for these two types of materials. For 5,000 ton of limestone from a place in Shakopee, it would be $31.76 per ton delivered. A place in St. Cloud quoted him $9.25 per ton if he had someone to deliver the granite. Mr. Jordan said his friend would deliver the granite for $10.41 per ton. Mayor Kragness asked Mr. Jordan if had received these quotes in writing. Mr. Jordan responded that he did not have written quotes; however, had names and phone numbers. Councilmember Niesen discussed that she thought it was a good idea for that information to be received and that she would be supportive of granite. Mayor Kragness asked Mr. Jordan to provide his information to Mr. Blomstrom. 05/12/03 -11- Mr. Blomstrom discussed that the granite lifespan is longer and that he is not sure of the final costs for the materials. The bids would be negotiated and the final costs would be determined when the bids are received. Mayor Kragness questioned who would be taking care of the bidding process. Mr. Blomstrom informed that the Army Corps of Engineers would be taking care of the bids. Councilmember Peppe stated that he believes bids should be considered for both materials. Councilmember Niesen asked if the Council is being asked to make a motion. Mr. McCauley discussed that the Council was to discuss and provide direction as to what options to consider. Councilmember Niesen asked that the staff work with Mr. Jordan's number. Mr. McCauley informed that staff could pass this information to the Army Corps of Engineers and allow them to follow up on the numbers provided this evening. Mayor Kragness expressed that she believes that the granite is a nicer material and that option two would be good for the project. Mr. Blomstrom discussed that the 90 -day process for eminent domain had started and that the next step would be to have the Army Corps of Engineers seek bids for the project. Steven Cooper, 6632 West River Road, addressed the Council to thank them for being so helpful with this project and to urge them to consider granite even if it is more expensive. He believes that the granite would be well worth the extra cost. Bill Newman, 6712 West River Road, addressed the Council to affirm that six of the property owners involved with this project would prefer granite and to express that he would prefer that the City not install the footings itself. 9g. REPORT ON 2003 CITY COUNCIL GOALS Mr. McCauley discussed that three to four times a year he provides an update on the City Council goals. He presented a PowerPoint presentation of the 2003 City Council goals that are as follows: Goal 1: Promote the Inclusion of All Residents in Brooklyn Center's Community Life By: ➢ emphasizing opportunities to include all residents in the community's activities and plans. Status: City Watch includes regular articles highlighting City's diverse heritage and national and state ethnic and national heritage observances. Participated in Cross Cultural Dialogue. Participating in COOP NW hiring initiative. Developing web site links. Part of League of Minnesota Cities Building Inclusive Communities. 05/12/03 -12- Councilmember Carmody asked about the League of Minnesota Cities Building Inclusive Communities. Mr. McCauley informed that the report is in the process of being distributed. I Goal 2: Support Brookdale Redevelopment By: ➢ use of tax - increment financing ➢ monitoring developer performance and project completion. Status: Developer leasing of space continues to in -fill the redevelopment. City considering developer request to extend date for market value minimum, while not extending period during which increment would be available. City vacated a portion ofXerxes right -of -way to facilitate additional pad development and frontage road alignment. Goal 3: Continue and Improve Code Enforcement and Compliance Activities By: ➢ coordinated efforts of the police and community development departments ➢ increased effort and focus on high - density areas, while continuing neighborhood enforcement ➢ continuing to evaluate additional approaches to achieving improved compliance ➢ increased enforcement of noise ordinances; barking dogs and other noise generating nuisances. Status: Joint meeting with Housing Commission has produced proposed rental housing licensing regulations to improve accountability. City Council adopted new policy on housing bonds and tax credits to enhance continued compliance with goals of issuing bonds or approving tax credits. Code Enforcement Sweep under way. Councilmember Carmody expressed that she believes the discussion of the rental license issue was a productive goal. Goal 4: Increase Fighting Crime Proactively By: ➢ continuing high visibility of police in neighborhoods and apartment complexes Neighborhood Watch Programs ➢ including public safety information in all City newsletters. 05/12/03 -13- Status: Information is included in each City Watch Newsletter. Police Department reorganization: - creation of districts - additional neighborhood liaison officer review of data on systematic basis - additional neighborhood meetings to go beyond neighborhood night out. Goal 5: Actively Support Northeast Corner of 69` Avenue and Brooklyn Boulevard Redevelopment By: ➢ completing project and monitoring developer performance. Status: Development is mostly in place and continued in -fill of spaces. Goal 6: Continue and Implement Long -Term Financial Planning Within the Constraints Imposed by State Legislature By: ➢ continued five -year planning for utilities and capital improvements ➢ reviewing and developing contingency planning ➢ continuing to evaluate the City's financial priorities. Status: This goal is primarily addressed in latter part of year as part of budget finalization. Goal 7: Support and Promote Major Road and Street Improvement Projects By: ➢ completing Brooklyn Boulevard project north of 65 ➢ advocate for Hennepin County's completion of Brooklyn Boulevard south of 65` ➢ completing Brooklyn Boulevard project with the County in the year 2002 and streetscaping in 2003 ➢ Highway 100: continuing to support and participate in the North Metro Mayor's Highway 100 Council; keeping project schedule with Mn/DOT ➢ supporting and participating in the Interstate 694 widening project, with improved sound walls, in a manner advantageous to the City of Brooklyn Center. Status: Projects are underway. Councilmember Carmody asked about the completion of Brooklyn Boulevard project since she thought it was finished. Mr. McCauley informed that there are some enhancements yet to be done. Goal 8: Support Phase III of Joslyn Site Development By: ➢ working with the developer to complete Phase III. 05/12/03 -14- Status: Community Development continues to work with developer: developer is actively marketing Phase III and has several prospects. I Goal 9: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: ➢ continuing enforcement efforts through multiple resources ➢ continuing and expanding information to the public on traffic safety and calming efforts ➢ enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use. Status: Police Department using targeted traffic enforcement details. Councilmember Carmody asked how the grants are applied when received. Mr. McCauley discussed that the grants are used for overtime when needed for patrol officers. Goal 10: Utilize Recommendations Developed in the Opportunity Site Process to Adopt a Vision and Plan for Brooklyn Center's Central Business District By: ➢ additional public input on directions and priorities for development and redevelopment of the Central Business District ➢ establishing specific development priorities for the next five -ten years ➢ modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes. Status: Work has centered on transit hub. Budget issues have overshadowed this item. Working with Hmong America Shopping Center studies. Reviewing hotel proposals adjacent to Earle Brown Heritage Center. 9h. RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES Councilmember Niesen had requested this item to be removed from the Consent Agenda. She q g wanted to know the purpose of this item and what the outcome would be for Elected Officials. Mr. McCauley discussed that the State Law requires that Elected Officials be considered employees and that this resolution would provide workers' compensation insurance coverage for the Mayor and Council Members. RESOLUTION NO. 2003-83 Councilmember Carmody introduced the following resolution and moved its adoption: 05/12/03 -15- RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9i. RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH BLUMENTALS ARCHITECTURE INC. Councilmember Niesen had requested this item to be removed from the Consent Agenda. She wanted this item discussed since it was an issue that was brought up when she was door knocking. Mr. McCauley discussed that Blumentals Architecture Inc. had designed the Civic Center remodeling and addition project with specifications that were inadequate leading to mold in the locker room at the Community Center. In reviewing the situation it was determined that the redesign materials of concrete block instead of aluminum studs and wallboard would be more suitable for this area. The settlement agreement and release results in Blumentals Architecture Inc. paying for the basic cost of demolition and other expenses related to their design. The City paid for the cost of the upgrade materials in the remade walls. Thus, the City did not pay twice for the wall but paid essentially for the upgrade that occurred when the walls were demolished and rebuilt. Blumentals Architecture Inc. is paying the City $95,004.20 pursuant to this agreement. In return for that payment, the City is releasing Blumentals Architecture Inc. from any liability with respect to the original design work on the locker room walls. RESOLUTION NO. 2003-84 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH BLUMENTALS ARCHITECTURE INC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the City Council meeting at 8:26 p.m. Motion passed unanimously. 9 City Clerk 0 Mayor 05/12/03 -16-