Loading...
HomeMy WebLinkAbout2008 06-23 CCM Work Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 23, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council /Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:30 p.m. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Kay Lasman, Dan Ryan, and Mark Yelich. Councilmember /Commissioner Mary O'Connor was absent and excused. Also present were City Manager Curt Boganey, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. MONUMENT SIGN POLICY Discussion continued from the Study Session discussion on the Monument Sign Policy. Mr. Boganey explained that the policy is intended only to apply to monument signs allowed in public right -of -way. Mr. LeFevere provided an overview of rights and allowable uses in relation to city owned right -of -way and right -of -way dedicated in the subdivision process. There was discussion of the following issues in relation to the policy: ownership of the sign, maintenance of the sign, and liability. Mr. Boganey clarified that the intent of the policy is that the City would own the monument sign. However, the Association would be responsible for its repair and maintenance; failure to do so would authorize the City to remove the sign. It was noted that the responsibility of each party should be clearly defined in the policy. Clarification was requested regarding possible issues if a property with a monument sign located in the right -of -way were to be sold to a homeowner that does not want the sign. Mr. LeFevere advised he would recommend the City enter into a separate monument sign easement agreement with the underlying landowner. Councilmembers Lasman and Ryan stated their support of the draft language included in the monument sign policy. Councilmember Yelich stated his support of the draft language included in the proposed monument sign policy. He stated he would like the additional requirement of the City name or logo on the sign to be included in the policy. The majority consensus of the City Council was to direct staff to prepare a final draft of the monument sign policy with the addition of the following: Requirement for a sign easement agreement with the underlying fee owner 06/23/08 -1- City's acceptance of responsibility for a minimum level of maintenance Requirement for a signed agreement with the applicant Requirement that monument signs include identification of the City by including the City name or logo o This requirement is to be included in the policy moving forward. However, due to this requirement not having been raised previously with the Riverwood Association's request, staff will discuss the modification with the Riverwood Association, with the option of the City paying for the modification. ADULT ENTERTAINMENT ESTABLISHMENTS This issue was brought to the Council about one year ago when the state law was passed. At that time it was determined to wait and see if there are any legal challenges, and to report the current status to the Council in one year. Mr. Boganey stated the City has several options in terms of whether to do anything at this time. There are certain elements of the state law that cover regulations that City ordinances do not deal with. In those particular cases if the City does not opt out, state law would apply; if they determine to opt out the City could adopt its own standards. Mr. Boganey requested discussion from the Council on whether this is an issue the City wants to deal with at this time. It was noted that this issue is an example of where the City should be proactive. It was suggested that a comparison be conducted of the City's ordinance with ordinances of other communities. There was discussion on the possibility of an interpretation that adult use entertainment establishments are being prohibited if limits on proximity are too restrictive. An analysis on Subdivision 3 was requested. Mr. Boganey noted that currently state regulations apply where the City does not have regulations. He suggested a review of the current City Ordinance and the State Statute, determining whether to incorporate City regulations where the state has assumed responsibility. This may help in deciding whether to opt out of the State Statute. The majority consensus of the City Council was to direct staff to present Council with comparative information and options regarding regulations on adult use establishments. 57 AND LOGAN AVENUE UPDATE Mr. Eitel provided an update on the 57 Logan Environmental Study. He discussed the history of the study through June 2008 and the planned schedule for July and August 2008. It was noted that everyone within the area of concern was contacted, and that the consensus of the experts in this field is that the City has conducted its activities in a responsible manner. The health of the residents has been the foremost concern of the professionals that have provided the technical guidance to the City's consultant that has been conducting the testing. Mr. Boganey indicated that the public meeting targeted for August will include a description of everything that has been found to date and everything that has been learned since the last public meeting. He informed Council it may best serve the interest of the City if the continued examination and investigation is turned over to the Minnesota Pollution Control Agency 06/23/08 -2- (MPCA), who would ultimately determine what needs to be done. At the August meeting the MPCA will be discussing what their role will be going forward. The City's role could revert to a support role to the MPCA as opposed to being the lead role in the process. Reimbursement of direct costs incurred by the City in the support role will be discussed with the MPCA. There was discussion on the redevelopment site. Mr. Boganey stated the City received a Retroactive No Association Determination in June of 2008. Additional letters are anticipated to be received from the MPCA that will assure the City and any future developer that the property can redevelop without any obligations or concerns about environmental cleanup. Having said that, there is a corner of the site where the source of the contamination has been identified. Until there is closure, that part of the site cannot likely be developed. Staff suggests that the City consider re- platting the property so that portion of the site is retained by the EDA while the study is completed. It is a small enough portion of the redevelopment area where it should not preclude future redevelopment of the site. It was noted that the City places high significance on this area and that it is important to ensure this site does not slip in priorities when the lead role is taken over by the MPCA. It was noted that a large amount of money has been spent on this study over the years and residents should be ensured that a lot is being done to address the concern on this site. Mr. Boganey stated the testing to date continues to confirm what the MPCA believed at the onset, which is that the levels of contamination that existed seemed to be at a fairly low level. Though the contamination was at a high enough level to have concern, the perception was that there was no imminent health risk and they could afford to take the time necessary to do the study that was required. GSA -FBI FIELD OFFICE UPATE Mr. Eitel provided an update on the GSA -FBI Site Development Activities, beginning June 2008 and ending with occupancy planned by the FBI Regional Field Office in Fall of 2010. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council /Economic Development Authority Work Session at 9:16 p.m. Motion passed unanimously. 06/23/08 -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 Work Session of the City Council of the City of Brooklyn Center held on June 23, 2008. 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 July 14, 2008, Regular Session. 44 City Clerk v Mayor 06/23/08 -4-