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HomeMy WebLinkAbout2009 09-28 CCM Study Session i I 9MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 28, 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, Director of Business and Development Gary Eitel, Building Official Gary Gilpin, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS In relation to agenda item l Ob, Councilmember Lasman suggested discussion at a future meeting on the subject of lobbying far legislation to be more consistent across the board on code requirements for hard-wired smoke detectors on all dwelling types. MISCELLANEOUS Mayor Willson noted that each City Council Member had received a packet of information from Mr. Berg, property owner at 6842 W. River Road. There was discussion on the condition of the property located at 6842 W. River Road. It was noted that the City has been dealing with the property owner regarding the condition of the property on an ongoing basis over a period of years. There was discussion on whether the building permit on the subject property was expired, and whether Mr. Berg was requested by staff to register the property as a vacant property. The majority consensus of the City Council was to direct City Manager Curt Boganey to provide Council with a report after reviewing the above referenced packet of information submitted by Mr. Berg. Councilmember Lasman stated she received a request that Council once again consider the number of cars allowed per driveway and/or number of families allowed per single family dwelling. She noted when this was previously discussed, and the Police Department wanted the opportunity to enforce the ordinances that are on the books in an aggressive way. 09/28/09 -1- The majority consensus of the City Council was to direct staff to present Council with the information most recently provided to Council on the above referenced issue with an update on any changes since the topic was previously discussed, the current number of complaints being received, and information on how the issue is being handled in other communities. Staff will provide Council with any further recommendations. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PLACEMENT OF SIGNS IN RIGHT OF WAY City Manager Curt Boganey introduced the item and provided the following overview in response to the Council direction to staff when the issue of the placement of signs in right-of- way was previously discussed at a Work Session. Input on the statement that has been made that 3 feet is a safer distance for si¢n nlacement than the current standard: The City Engineer, who is also a trained traffic engineer, strongly disagrees with the notion that allowing signs within three feet of the road surface is in some way safer than having the signs placed away from the street. It is his view that the signs are distracting to drivers and that posting them this close to the roadway makes it more likely that they will wind up in the street and become a potential hazard, as well as a bit of a litter issue and problem. From a staff perspective, placement of the signs 3 feet from the road surface is not in fact safer, but would be less safe. The City Engineer and staff recommend that if signs are allowed to be within the right- of-way they should be at a minimum of 10 feet from the road surface. Assurance from staff that the current ordinance is bein� enforced uniformlv: It has been made clear to staff, and staff is in agreement, that any department enforcing the ordinance will be applying a minimum standard of 12 feet from the road surface as a matter of convenience in terms of trying to determine whether a sign is in the right-of-way. Having said that, staff recognizes that 12 feet is not always at the right-of-way. This is discussed in the City Attorney's memo dated September 14, 2009. Mr. Boganey explained that in terms of proactive response to temporary signs in the right-of- way, the signs that are addressed on a proactive basis are the signs that are obvious to the enforcement officer to be well within the right-of-way. As a practical matter, the City Engineer believes that a distance of 10 feet from the road surface for sign placement is a reasonable minimum in terms of sight lines and safety and distraction, etc. There are locations where sidewalks could move the distance out to 12 feet from the curb; however, placing signs right up against the sidewalk in terms of public safety is not the right location for signs due to bikers, pedestrians, etc. Staff would recommend a standard that would be a minimum of 10 feet from the road surface and at least 2 feet from the sidewalk toward the private property as reasonable from an enforcement standpoint if the current ordinance were to be amended. There was discussion on utilities, which should not interfere with sign placement due to the depth of the utility location. There was discussion on whether an ordinance amendment would be necessary for enforcement of the above recommended standard for sign placement, or whether Council policy would be sufficient. 09/28/09 -2- Mayor Willson stated his support of the current policy and enforcement. It was noted that residents have expressed opposition to a change in the sign ordinance. Mr. Boganey indicated if the ordinance is amended staff recommends including a requirement for dates to be included on temporary signs in order to enforce the amount of time the signs are lawfully allowed to be at a location. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 09/28/09 -3- STATE OF MINNESOTA) COLTNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersi ned bein the dul ualified and a ointed Cit Clerk of the Cit of Brooklyn g g Y q PP Y Y Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the mmutes of a Study Session of the City Council of the City of Brooklyn Center held on September 28, 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 October 12, 2009, Regular Session. 1� �y�,�l�l��� VC�/Y �l�.l Wvt �i�-!��'_.-�. v City Clerk Mayor 09/28/09 -4-