Loading...
HomeMy WebLinkAbout1999 07-26 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 26, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No one appeared at the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the informal open forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Pastor Judy Fomara, Spiritual Life Church, offered the invocation. 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 7:00 p.m. 07/26/99 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that on July 16, 1999, she participated in a ride -a -long with a Brooklyn Center police officer from 2:00 p.m. to 10:00 p.m., and on July 23, 1999, she participated in the "Walk for Life ". She found the ride -a -long very interesting and enlightening and encouraged other Council Members to participate in a ride -a -long. Councilmember Nelson reported that on July 21, 1999, he attended the North Metro Crossing Coalition meeting regarding the ribbon cutting for Highway 10, and on July 22, 1999, the Metropolitan Council Environmental Services meeting. Councilmember Nelson also reported that he participated in the "Walk for Life ". Mayor Kragness reported that she attended a Mrs. Senior Pageant at the Earle Brown Center. This was the first time an event like this has taken place in Minnesota and she wished to congratulate all the participants. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson mentioned there was an addition on consent agenda item 6b. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes from the study session and regular session on July 12, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. GARBAGE COLLECTION VEHICLE Browning Ferris Industries 8661 Rendova Street NE, Circle Pines 07/26/99 -2- i RENTAL DWELLING Initial: Douglas Anderson 2812 O'Henry Road Yurity Tsurkan 5701 James Avenue North Renewal: Helene Ebhardt 5639 Girard Avenue North Turning Point, Inc. 819 -21 55th Avenue North SIGN HANGER Let's Get Graphic Design, Inc. 8290 Main Street NE, Fridley Taurus Sign Company 1046 Wakefield Avenue, St. Paul 6c. RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999 -05, CONTRACT 1999 -I, 53RD AVENUE TRAIL - FENCE COLUMNS RESOLUTION NO. 99 -114 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999-05, CONTRACT 1999 -I, 53RD AVENUE TRAIL - FENCE COLUMNS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6d. RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999 -05, CONTRACT 1999 -K, 53RD AVENUE TRAIL - FENCE RESOLUTION NO. 99 -115 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999 -05, CONTRACT 1999 -K, 53RD AVENUE TRAIL - FENCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 07/26/99 -3- 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99 -116 Councilmember Nelson 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 Peppe. Motion passed unanimously. 7. PLANNING COMMISSION ITEM 7a. PLANNING COMMISSION APPLICATION NO. 99006 SUBMITTED BY MARK AND KATARINA PESCHEL. REQUEST FOR A VARIANCE FROM THE CRITICAL AREA INTERIM DEVELOPMENT REGULATIONS TO ALLOW A BUILDING SETBACK LESS THAN 100' FROM THE ORDINARY HIGH WATER MARK OF THE MISSISSIPPI RIVER AT 6830 WILLOW LANE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 15,1999, MEETING. City Manager Michael McCauley discussed Planning Commission Application No. 99006 submitted by Mark and Katarina Peschel request for a variance from the critical area interim development regulations to allow a building setback less than 100' from the ordinary high water mark of the Mississippi River at 6830 Willow Lane. The Planning Commission recommended approval to allow a variance from the 100' ordinary high water mark setback contained in the Interim Development Regulations for the Mississippi critical area on the basis that the standards for granting a dimensional variance are met, that the granting of the variance is in keeping with the spirit and intent of the ordinance and regulations; furthermore, that the granting of the variance will not adversely affect the stated objectives of the dimensional standards of the Interim Development Regulations which are to maintain the aesthetic integrity and natural environment, to reduce the effect of poorly planned shoreline and bluffline development, and to prevent soil erosion, subject to the following conditions: 1. The new structure shall be no less than 40 feet from the bluffline. 2. Existing vegetation between the structure and the river, and the structure and the bluff, shall be maintained. 3. Best management practices to minimize runoff, erosion, and sedimentation shall be utilized during and after construction. I 07/26/99 -4- i A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 99006 subject to the above listed conditions. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. HEARING ON DENIAL OF APPLICATION FOR CURRENCY EXCHANGE LICENSE FOR COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER Mr. McCauley requested City Attorney Charlie LeFevere discuss process for the hearing to be held on the license appeal. Mr. LeFevere discussed the general procedure and discretion in conducting a hearing of this nature. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open hearing. Motion passed unanimously. Carolyn Wolski, Attorney from Leonard, Street and Deinard, addressed the Council on behalf of applicant, Cary Geller. Ms. Wolski informed the Council that she was in disagreement with Mr. LeFevere's reasons for denial of the license application and discussed her reasoning behind her disagreement. Currency exchange operations are highly rated. The applicant has been approved by the State of Minnesota and would not be before the City Council if the State thought problems would occur. There is no legal reason and evidence provided why this denial should be continued. Council discussed issues regarding check cashing and the percentages withheld when a person cashes a check. Ms. Wolski stated that the Department of Commerce regulates the capped rate on checks, not Mr. Geller. Cynthia Clark, Landlord of Boulevard Shopping Center, addressed the Council to ask the Council to review the denial and change to acceptance of the application. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to close hearing. Motion passed unanimously. Councilmember Lasman asked if the Council were to move forward would the Council have the right to prohibit some activities. Mr. LeFevere responded yes the Council could have activities prohibited. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to affirm the denial because the City's zoning ordinance may not adequately protect the public health, safety, and welfare in that such controls: 07/26/99 -5- • May allow uses such as currency exchanges which may not be compatible with the neighborhood; • Do not preserve properties which are uniquely suited for neighborhood service and retail establishments for such uses; • May allow uses which increase, or contribute to factors increasing, crime, blight, deterioration, diminution in property values; and • May allow uses which impair orderly development and redevelopment or which create disincentives to reinvestment in the Community. There is a need for a study and evaluation of the City's zoning ordinances and official control, which studies have been ordered by the City Council. There is a need to preserve the status quo while such studies are undertaken to protect the public health, safety, and welfare and to protect the planning process. Councilmember Hilstrom does not wish for the license application to be approved while such studies are underway by reason of failure to act within the 60 day deadline imposed by the State Law. Mayor Kragness stated that she believes there is no need to deny the application to Mr. Geller and that Community Money Centers, Inc., dba Money Centers has proven to be a representable business. She believes there are many that will benefit from this service. Councilmember Peppe discussed his concerns from some of the materials provided regarding issues with check cashing operations. Mr. Geller wanted to respond and Mr. LeFevere recommended the Council re -open the hearing. A motion by Councilmember Lasman, seconded by Councilmember Peppe to re -open the hearing. Motion passed unanimously. Mr. Geller informed the Council that the some of the articles included with the materials were issues raised in States that were not regulated. Mr. Geller stated that he would work with the City on dealing with issues the Council wants to resolve and would like to have this operation in the City of Brooklyn Center to serve the people in Brooklyn Center. Mr. Geller explained that he did not believe check cashing operations were good when he first viewed the operations and decided that he could make the operations of check cashing much better. Councilmember Hilstrom and Councilmember Peppe expressed their concern about the regulations not being included in the ordinance. 07/26/99 -6- I Mark Peschel, 6830 Willow Lane, addressed the Council regarding this issue. Mr. Peschel believes the check cashing service could be of benefit to people in the City of Brooklyn Center. Ms. Wolski asked for the application to be approved. The City could continue to study the regulations even if the application was approved. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to close the hearing. Motion passed unanimously. Councilmember Hilstrom restated her motion to affirm the denial of the application, seconded by Councilmember Peppe. Councilmember Hilstrom and Councilmember Peppe voting in favor. Mayor Kragness, Councilmember Lasman, and Councilmember Nelson voting against. Motion failed. Councilmember Hilstrom asked if the license was approved if the following could be added to the approval: • No bars, chains, or similar security devices that are visible from a public street or sidewalk. • Window signs shall not exceed 30 percent of the window area. • Premises and adjacent streets, sidewalks and alleys within 100 feet shall regularly inspected for purposes of removing any litter found thereon. • Patrons cannot be locked inside the building. Councilmember Lasman asked about solicitation and marketing. The Council discussed these issues with Mr. Geller. There shall be no street solicitation, no handbill distribution, and no cigarettes given away. Mr. LeFevere asked if the applicant would agree to those conditions. Mr. Geller stated that he would agree to the conditions. A motion was made by Councilmember Lasman, seconded by Councilmember Nelson to approve the application with the following conditions: • No bars, chains, or similar security devices that are visible from a public street or sidewalk. • Window signs shall not exceed 30 percent of the window area. • Premises and adjacent streets, sidewalks and alleys within 100 feet shall regularly inspected for purposes of removing any litter found thereon. • Patrons cannot be locked inside the building. • No street solicitation, handbill distribution, or cigarettes given away. Mayor Kragness, Councilmember Lasman, and Councilmember Nelson voted in favor of approving application as amended. Councilmember Hilstrom and Councilmember Peppe voted against. 07/26/99 -7- 8b. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN REGIONAL HUMAN RIGHTS COMMISSION Mayor Kragness nominated Kira Kieselhorst, 7254 Dupont Avenue North, to the Northwest Hennepin Regional Human Rights Commission with term expiring December 31, 2001. i A motion by Councilmember Lasman, seconded by Councilmember Peppe to ratify Mayoral nomination. Motion passed unanimously. 8c. RESOLUTION AMENDING THE SCHEDULE FOR AMUSEMENT DEVICE LICENSE FEES Mr. McCauley discussed this resolution would amend the schedule for amusement devices to $15 per location plus $15 per machine. Currently the license fee for amusement devices is $70 per machine per location. The 1999 Legislative Session, S. F. 1329, was passed relating to limiting license fees on coin and currency activated amusement machines; proposing coding for new law in Minnesota Statutes, Chapter 449; and is effective August 1, 1999. RESOLUTION NO. 99 -117 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR AMUSEMENT DEVICE LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8d. SET DATE AND TIME OF FACILITATED COUNCIL WORK SESSION WITH CARL NEW Mr. McCauley requested setting Saturday, September 18, 1999, 8:00 a.m. for a facilitated work session with Carl New at the loft of Earle Brown Heritage Center. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to set Saturday, September 18, 1999, 8:00 a.m. for facilitated work session. Motion passed unanimously. 8e. PRELIMINARY REPORT ON TRAFFIC REVIEW Mr. McCauley discussed that one of the Council's goals for 1999 was to conduct a traffic study through a consultant. In discussing the implementation of the Council's goal, the Council requested a staff review of traffic issues to assist the Council in determining whether it wished to engage the services of a traffic consultant. In response to the Council's direction, a report was prepared by 07/26/99 -8- Diane Spector, Public Works Director. Mr. McCauley asked Ms. Spector to give an overview of the report. Ms. Spector discussed the report reviews existing data on traffic speeds and volumes, and concludes that with the exception of a few streets, by technical definitions there is not a "traffic problem" in Brooklyn Center. However, these technical definitions do not take into account neighborhood perceptions, both of what seems to be the problem and also of what seems to be the appropriate solution or that anything is being done at all. Ms. Spector discussed the following traffic findings: • Dramatic increase in volume of traffic in metro area. • Steady rise in trips per day. • Degeneration of driver behavior. • Less tolerance for occasional, random speedors. • Few instances of "speeding problems" or "excessive traffic problems" on local streets. • Little interest in physical traffic calming measures during street projects. and the following recommendations: • Continue vigorus enforcement of speed limits. • Continue to monitor speeds and traffic counts, both regular locations and at the request of residents • Create a public informational campaign to advise residents about neighborhood traffic issues. Council further discussed ways to continue traffic enforcement. Mr. McCauley suggested information be provided from the traffic report into the City newsletter and doing spotlights on cable. Mayor Kragness stated that the report was excellent and commended the persons who had put the report together. Mr. McCauley suggested the Council formally accept the report and the recommendations. A motion by Councilmember Nelson, seconded by Councilmember Lasman to accept the report and to adopt the recommendations in the traffic report. Motion passed unanimously. 07/26/99 -9- 8f. UPDATE ON BROOKLYN CENTER CARES Mr. McCauley updated the Council on Brooklyn Center Cares. Staff has been working on partnerships and getting a count on volunteers who will help residents in the City of Brooklyn Center with repairs on their homes. Written materials had been prepared for a presentation to the Rotary Club, staff has had conversations with the School District. Churches in the City will be approached. 9. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the meeting at 8:38 p.m. Motion passed unanimously. City Clerk Mayor 07/26/99 -10-