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HomeMy WebLinkAbout2003 07-28 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 28, 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. Gary Grove, 6520 Ewing Avenue North, addressed the Council to express his concern about the code compliance letter he had received regarding the chipped painting on his home. He requested that the Council consider allowing him to discuss this matter with the City Council at a future meeting to continue the discussion regarding the code enforcement process. It was the consensus of the Council to allow Mr. Grove to appear before the Council at the August 11, 2003, Work Session. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 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 7:03 p.m. 07/28/03 -1- 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, Public Works Director /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 Niesen reported that she attended the Board of Water and Soil Resources meeting on July 23, 2003; and that the Shoreland Restoration Project will begin the second week of September. She informed that anyone interested with helping with the Shoreland Restoration Project could contact her. 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the agenda and consent agenda with amendments to the following: Consent Agenda Item 7a, Approval of Minutes, had a typographical error with the word quite needing to be quiet. 7c, Approval of Application from St. Alphonsus Church to Conduct a Raffle on September 20, 2003. should read: Approval of Application from St. Alphonsus Church to Conduct Excluded Bingo on September 20, 2003. Motion passed unanimously. 7a. APPROVAL OF MINUTES Motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the July 14, 2003, executive session, and the July 14, 2003, study and regular sessions minutes with the typographical error amended. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. 07/28/03 -2- AMUSEMENT DEVICE OPERATOR Scoreboard Pizza 6816 Humboldt Avenue North MECHANICAL Budget Home Services 13755 Buck Lake Boulevard, Big Lake Green Mechanical, Inc. 8811 East Research Center Road, New Hope Nasseff Mechanical Contractors 122 South Wabasha, St. Paul NS/I Mechanical Contracting 2300 Territorial Road, St. Paul RENTAL Renewal: 1510 69 Avenue North (4 plex) Brian Doyle Initial: 501 Bellvue Lane Brett Hildreth 5919 Pearson Drive Ramales Salustio SIGN HANGER Griffin Sign & Awning Inc. 21513 5 I' Avenue NW, Cambridge Spectrum Sign Systems 5680 Flint Trail, Wyoming Universal Signs, Inc. 1033 Thomas Avenue, St. Paul 7c. APPROVAL OF APPLICATION FROM ST. ALPHONSUS CHURCH TO CONDUCT EXCLUDED BINGO ON SEPTEMBER 20, 2003 A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the application from St. Alphonsus Church to conduct excluded bingo on September 20, 2003. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003-111 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 Niesen. Motion passed unanimously. 7e. APPROVAL OF CONTRACT BETWEEN THE CITY OF BROOKLYN CENTER, SCHOOL DISTRICT NO. 279, AND HENNEPIN COUNTY FOR THE USE OF BROOKLYN CENTER'S COUNTY -OWNED ELECTION EQUIPMENT BY THE SCHOOL DISTRICT 07/28/03 -3- A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the contract between the City of Brooklyn Center, School District No. 279, and Hennepin County for the use of Brooklyn Center's county -owned election equipment by the School District. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING SECTIONS 34 -110 AND 34 -140 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO SIGN REGULATIONS City Manager Michael McCauley discussed that this ordinance amendment would allow electronic message boards to change messages /images no more frequently then two seconds. Under the current ordinance any change in a message is defined as a flashing sign and is prohibited. 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 Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-07 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTIONS 34 -110 AND 34 -140 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO SIGN REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. CONSIDERATION OF APPLICATION FOR A CURRENCY EXCHANGE LICENSE SUBMITTED BY FAST CASH CHECK CASHING LLC TO OPERATE A CURRENCY EXCHANGE BUSINESS AT 6050 SHINGLE CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA - RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO FAST CASH CHECK CASHING LLC TO OPERATE A CURRENCY EXCHANGE BUSINESS AT 6060 SHINGLE CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA 07/28/03 4- I Mr. McCauley discussed that the State requires the City to publish notice of the Council's intent to consider a currency exchange license and conduct a public hearing. This evening a public hearing has been schedule with a resolution to deny the issuance of the currency exchange license by reason of Brooklyn Center Code, Section 23 -2203 (1), which prohibits location of a currency change within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as a secondhand goods dealer. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003 -112 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO FAST CASH CHECK CASHING LLC TO OPERATE A CURRENCY EXCHANGE BUSINESS AT 6060 SHINGLE CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2003-010 SUBMITTED BY DAVID LUTZ (SPM CONSTRUCTION COMPANY). REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE FIVE TRACTS OF LAND AND SURPLUS RIGHT -OF -WAY INTO TWO PARCELS AT THE SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 17, 2003, MEETING. Mr. McCauley discussed that Planning Commission Application No. 2003 -010 submitted by David Lutz (SPM Construction Company) requesting for preliminary plat approval to divide and combine five tracts of land and surplus right -of -way into two parcels at the southwest corner of Shingle Creek Parkway and 69 Avenue North is one of several steps that will take place for this project. 07/28/03 -5- i Planning and Zoning Specialist Ron Warren outlined the request and discussed that the Planning Commission will consider a Planned Unit Development (PUD) on August 14, 2003. In the meantime, this preliminary plat can proceed but it must be with the clear understanding that if the PUD is not approved, or some other alternative is not approved, and the final plat is filed, the proposed January 2004 modifications will not be allowed to be made based on a lack of appropriate parking meeting the minimum requirements of the zoning ordinance. Mr. Warren discussed that the question raised earlier about the right - in/right -out would be allowed and that staff is in the process of reviewing traffic of 69 Avenue. Mr. Warren informed the Council that the Planning Commission recommended approval Planning Commission Application No. 2003 -010 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. An appropriate cross access agreement allowing access from the proposed Lot 2 through the proposed Lot 1 shall be developed and filed with the final plat. 4. An appropriate drainage and utility easement as approved by the City Engineer shall be provided to protect public utilities including sanitary sewer and water main in the location of the proposed vacated Shingle Creek Parkway area. Said easement shall be filed with the final plat. 5. The proposed division/combination comprehended under this preliminary plat allows for 377 parking spaces on the Palmer Lake Plaza site (proposed Lot 1), which will accommodate a 60,546 sq. ft. office and 75,546 sq. ft. industrial /warehouse occupancy of the building. Mr. Warren discussed questions raised by Councilmember Niesen regarding this request and the PUD process. Mayor Kragness suggested that Councilmember Niesen attend some Planning Commission meetings. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -010 subject to the above listed conditions. Motion passed unanimously. I 10. COUNCIL CONSIDERATION ITEMS 10a. DISCUSSION REGARDING TAXICAB LICENSING FROM REQUEST OF TIM CRANDALL 07/28/03 -6- Tim Crandall, 6114 Dupont Avenue North, and taxicab driver with All Around Transportation, addressed the Council to discuss his concern with the recently adopted taxicab ordinance and informed that he believes this new ordinance has cut off the general taxicab service to Brooklyn Center residents. Mr. Crandall discussed that taxicab drivers are not able to get a license through the Metropolitan Airports Commission since they only offer so many licenses per year and are not offering any more licenses this year. He discussed that he along with other taxicab drivers are certified through the Minnesota Department of Transportation (Mn/DOT) and inquired why this certification is not acceptable. All drivers are trained, have insurance, and the Highway Patrol inspecting the taxicabs. Mayor Kragness asked Mr. Crandall if All Around Transportation had a holding area. He responded that they do not have one in Brooklyn Center and that he had contacted the IHOP Restaurant about having taxicabs park in their parking lot. He suggested that the Council consider a holding area at the old bus line area along Xerxes Avenue. Mayor Kragness asked if amending the City's ordinance to require that taxicab drivers be licensed in another municipality; allowing them to pick up passengers within the City would be beneficial. Mr. Crandall responded that would help. Mr. Crandall questioned if a moratorium could be put on the taxicab ordinance until the Council makes a decision. Council discussed the possibilities of changing the ordinance to allow the Mn/DOT certification or allowing drivers who are licensed in another municipalities to pick up in Brooklyn Center. Mr. McCauley informed that the Council could direct staff to review what other municipality's license taxicabs and or consider an emergency ordinance since an ordinance would be required to supersede an ordinance. Mayor Kragness informed that staff will look into what other municipality's license taxicabs and that staff will get a hold of him when this item is back on an agenda. lobo AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that since the Council last reviewed this proposed rental ordinance there had been two changes suggested and made to the proposed rental ordinance. The elimination of vandalism calls and the number of calls for service had been changed to .65. He provided a PowerPoint presentation of some of the materials included with the agenda packet and informed there would only be seven properties that would fall into the provisional license category. He suggested that the Council take public input and after approve the first reading and set second reading and public hearing on August 25, 2003. 07/28/03 -7- Councilmember Peppe discussed that he attended the Association for Rental Management (ARM) meeting and that he believes after the meeting the misperceptions were straightened out and more people are seeing the good of this proposed rental ordinance. Councilmember Carmody discussed that there was discussion regarding raising of the number of units to be included for calls for service and that she does not want to raise the number from. 5 units. Councilmember Niesen expressed that she had a lot of questions and concerns about the liability the City may face with this proposed rental ordinance. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the meeting for public input. Motion passed unanimously. John Miesen, Attorney for Brookside Manor, addressed the Council with his concern about the City trying to hold landlords responsible for tenants and suggested that the Council consider making the landlords do things to be more responsible other than a mitigation plan. He expressed that he believes the City should not hold the landlords responsible for tenants they cannot control. Councilmember Peppe expressed that the reoccurring properties are those the City needs to deal with and that the proposed rental ordinance is designed to help all properties. Mr. Crandall discussed that he agrees with the purpose; however, he does not agree with the mitigation plan. Councilmember Carmody discussed that the mitigation plans would require and help the landlords with other measures such as security and education for tenants. She discussed that the City Council should not have to tell landlords how to run their properties; it is the responsibility of the landlords. Councilmember Niesen expressed that she agrees with Mr. Miesen and questioned the three- strike rule. Mr. LeFevere discussed the three - strike rule and informed that the rule is specific to one tenant. Mary Barrus, Housing Commissioner, addressed the Council to discuss that the Planning Commission had been working on this ordinance for approximately 15 months and that they have fine -tuned the ordinance and made the necessary modifications. Councilmember Niesen expressed that she wants to make sure the Council is doing the right thing and questioned if the Housing Commission had checked with other organizations to inquire what procedures they use. Councilmember Peppe discussed that he believes it does not matter what other organizations are doing and that effective management will make a difference. Judy Thorbus, Housing Commissioner, addressed the Council to inform that the Housing Commission did look at other municipalities and that the proposed rental ordinance is similar to the New Brighton ordinance. 07/28/03 -8- Councilmember Niesen questioned how long New Brighton's ordinance had been in effect and if there had been any lawsuits. Mr. LeFevere responded that he thought the New Brighton's ordinance had been in effect for approximately two and half years and that he is not aware of any lawsuits. Mayor Kragness informed that she had recently talked with the Mayor or Brooklyn Park and that since they had adopted a new rental ordinance the calls for service had dropped drastically. The Council recessed at 9:07 p.m. and reconvened at 9:15 p.m. Lloyd Deuel, Housing Commissioner, addressed the Council to express that the Housing Commission had worked long and hard on this ordinance and that he believes this needs to be passed. A resident from the area of 67 Avenue North and Emerson addressed the Council to express that the he believes that management can make a difference with rental properties. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the public input. Motion passed unanimously. Councilmember Lasman expressed that she would like to make a motion to approve first reading and set second reading and public hearing on August 25, 2003. She believes the ordinance is fair and reasonable. Councilmember Niesen expressed that she appreciates the work the Housing Commission has done; however, she is still concerned about holding the landlords responsible. She wants to be assured that the Council is not asking them to do something they cannot do and does not want the landlords to be surprised when they are notified that they will need to abide by a provisional license. Mr. McCauley discussed that management will be receiving monthly reports on the calls for service. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on August 25, 2003. Motion passed unanimously. loc. 2:00 A.M. BAR CLOSING Mr. McCauley discussed that a request had been received for a 2:00 a.m. bar closing. Staff had conducted a survey of surrounding communities and that survey revealed that all cities adjacent to Brooklyn Center except Fridley now have a 2:00 a.m. bar closing time. He suggested that it would be reasonable to consider amending the City's ordinance to a 2:00 a.m. bar closing and that the Council might wish to consider an additional fee for licensing the establishments that request a 2:00 a.m. bar closing. 07/28/03 -9- Mayor Kragness discussed that she would like to have other cities surveyed to inquire what fees they are charging and that she believes it would be important to add a fee since there will be added work from the City's police department. 10d. CITY OF BROOKLYN CENTER V. BRENDAN J. MCCARTHY, ET AL STIPULATION Mr. McCauley discussed that this stipulation would agree to resolve the issues raised by four property owners in connection with the Mississippi Riverbank project. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the stipulation. Motion passed unanimously. 10e. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this resolution would authorize the execution of an agreement between the Minnesota Department of Public Safety and the City for participation in the Safe and Sober Communities during October 1, 2003, through September 30, 2004. RESOLUTION NO. 2003-113 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10f. POTENTIAL DEVELOPMENT ALONG HIGHWAY 252 AND 69 AVENUE Mr. McCauley discussed that the City had received a request David G. Evanson to have the City acquire excess right -of -way from the Minnesota Department of Transportation (Mn/DOT) for potential development along Highway 252 and 69 Avenue. Acquiring the land from Mn/DOT would make sense even if an agreement was not made with Mr. Evanson. The request before the Council is to authorize commencing the process with Mn/DOT to purchase the property, including performing a survey and appraisal that would be funded by the Economic Development Authority. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve a letter to Mn/DOT requesting purchase of excess right -of -way along Highway 252 and 69 Avenue. Motion passed unanimously. 07/28/03 -10- IL ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adj ourn the City Council meeting at 9:40 p.m. Motion passed unanimously. City Clerk Mayor 07/28/03 -11-