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HomeMy WebLinkAbout2009 03-09 CCM Study SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 9, 2009 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested discussion on agenda items 8a and 8c, specifically in relation to clarification on the continuation of the public hearings. Mr. Boganey explained agenda item 8a is a continued public hearing related to Xcel Energy's objection to the special assessment. Staff is recommending that agenda item 8c be opened and continued to April 130' due to the required timeframe associated with the public notice. Councilmember Roche requested discussion on the originally scheduled agenda item 10a. He questioned whether there is ever the opportunity to treat numerous properties owned by an individual property owner as a group. Mr. Boganey explained that each property is licensed individually. The ordinance requires that each license relates to the individual property. Councilmember Yelich requested discussion on agenda item 10b. He requested clarification regarding the meaning of hydraulic in the following statement included in the staff memorandum: "The purpose of this project is to substantially reduce the amount of phosphorous release from Wetland 639W by modifying the hydraulic characteristics and/or implementing active treatment methods." Mr. Lillehaug stated at this point he would recommend that Council keep in mind that the feasibility study is being performed to evaluate different options for the Wetland 639W Restoration, and to determine what the best option would be. There are many different options that could be implemented. He explained hydraulics refers to the conveyance of water. The above referenced statement would relate to looking at the water going in and out of the system and modifying that in some fashion. He indicated he will be sitting on the Shingle Creek Watershed Management Technical Advisory Committee (TAC). Councilmember Ryan requested Mr. Lillehaug to provide him with information from the Shingle Creek Watershed Management TAC regarding the Wetland 639W Restoration Feasibility Study at his convenience. 03/09/09 -1- Councilmember Roche requested that in the future maps be provided for reference in the background information provided to Council. Councilmember Yelich requested discussion on the originally scheduled agenda item 10a, specifically in relation to the timeframe of the final inspection on the property. He noted the license renewal was submitted in August of 2008 and expired October 31, 2008, but the final inspection was not completed until January 14, 2009. Mr. Boganey explained generally speaking a timeframe this long would be due to multiple inspections. First inspections will occur within 30 days of the application, but the final inspection will depend upon how long it takes for the applicant to resolve any outstanding violations. It may have taken until January for staff to be satisfied that the work was satisfactorily completed, perhaps after a second or third inspection. MISCELLANEOUS Councilmember Ryan stated he has been informed by the Metro Cities Board that he did not receive an appointment to the Board at this time. The criteria for appointments to the Board rests on two things; 1) class of city; 2) maintaining a regional balance on the Board. He stated there will likely be additional opportunities on the Board in June and he was informed that he may be offered a position with the Board at that time. He thanked the Council for the support in pursuing membership on the Metro Cities Board. Mayor Willson stated he has requested that the Chair of the Brooklyn Center Centennial Celebration Committee step down and she has agreed to do so. A search is being conducted for an individual to fill the position that will look globally, include people, and be open to initiatives. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS UPDATE ON 57TH AND LOGAN AVENUE ENVIRONMENT STUDY AND REMEDIAL ACTIONS Mr. Eitel provided an update on the 57`" and Logan Avenue Environment Study and remedial actions associated with the former dry cleaning operation at the Northbrook Mall site. He stated as of last week none of the indoor air samples had exceeded the screening levels for PCE and TCE. However, as of today one site exceeds this indoor air sample screening level. He stated the MPCA is proceeding diligently in site remediation. The MPCA has exhausted its allotted funding on the current remedial actions and will be proceeding with a Super Fund listing to access the additional funds necessary to complete the neighborhood study and site clean-up. Mr. Eitel reviewed the schedule for the review and comment period associated with disbursement for Super Fund Sites. He recommended that the City Council continue to support the MPCA efforts on timely remediation and conclusion of the environmental study and advocate on the behalf of the neighborhood a timely resolution to the environmental issues relative to the former dry cleaning operation. There was discussion on the remedial actions being conducted by the MPCA and the `No Further Action' letter that will be provided to the City by the MPCA. It was noted that the MPCA should be prepared to address the false report regarding TCE in the City's drinking water. 03/09/09 -2- ADULT ENTERTAINMENT ESTABLISHMENTS - DISCUSSION ON THE OPT-OUT OPTION PROVIDED WITHIN MINNESOTA STATUTE 617.242 Mr. Boganey introduced the item and discussed the history of the City ordinances and State Statute regulating adult entertainment establishments. He advised that the question before the Council is whether to opt-out of Minnesota Statute 617.242. If the City were to opt-out of the State Statute the City ordinance would apply. He stated theoretically there are things that could be done to improve the City ordinance, but as a practical matter staff believes that the City's current ordinance is constitutional. It allows the uses, but is sufficiently restrictive and the establishments likely will not show up where the Council does not want them to be located. Mr. LeFevere provided an overview of the following in relation to regulation of adult entertainment establishments: ■ Regulatory Options Current City Ordinances ■ Minnesota Statute 617.242 Mr. LeFevere advised that the City has gone through an effort to impose regulations to the extent that the City had the legal ability to impose regulations on this type of speech and activity without the risk of stepping over the line. He explained if this type of business were to establish itself and it was to be prohibited by an ordinance that is determined to be unconstitutional, there is the risk of the use being established and grandfathered in. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:43 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Study Session at 6:50 p.m. Motion passed unanimously. The discussion continued on the opt-out option provided within Minnesota Statute 617.242. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:03 p.m. Motion passed unanimously. 1 03/09/09 -3- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on March 9, 2009. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its March 23, 2009, Regular Session. 1 City Clerk Mayor 1 1 1 03/09/09 -4-