HomeMy WebLinkAbout2011 08-08 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
AUGUST 8, 2011
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 8:12 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman,
Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business
and Development Gary Eitel, Assistant City Manager/Director of Building & Community
Standards Vickie Schleuning, Police Chief Kevin Benner, EDA/HRA Specialist Tom Bublitz,
Police Commander Brian Peters, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver
Off Site Secretarial, Inc.
PUBLIC ART DISCUSSION — CONTINUED FROM STUDY SESSION
Mayor/President Willson stated he thinks his concerns can be addressed and that the requested
public art project would well serve the School District and Elementary School. If approved, he
supported participation by children, which would create a legacy and be a good community
builder.
City Manager Curt Boganey explained the City Attorney has not yet been able to address the
Sign Ordinance relating to public art. He suggested this consideration be continued to allow time
for the City Attorney to conduct further review of the ordinances and determine whether
approval of this mural would somehow impact the City Council's ability to address similar
murals that are defined as signs.
City Attorney LeFevere stated the City would not want murals permitted as a matter of the
landowner's whim anywhere in the City and the only thing stopping that from occurring is that a
mural fits within the Code definition of a sign, which requires a permit under allowable
categories. In this case, the landowner (Mn/DOT) is asking the City Council to make the
decision. City Attorney LeFevere stated if the City Council wants to have some control over
murals and the Sign Ordinance does not have a broad enough definition to address murals, the
Sign Ordinance should be amended to assure control.
City Attorney LeFevere explained that prior to this discussion it seemed that a possible avenue to
allow some murals, without it getting out of control, was to define situations in which public art
and only public art, may be permitted by the City Council. That can be done by zone. However,
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the first amendment may be an issue, so he would like additional time to review that issue before
offering an opinion.
City Attorney LeFevere stated the City Council could allow public art that is on public property,
created and maintained under authority of the property owner, and then leave it to the various
public entities to make good decisions. He noted that Mn/DOT has come to the City to ask
permission of the City Council by resolution, and he felt most other public entities will also have
concern about public opinion and be reluctant to put "art" on public buildings /walls. City
Attorney LeFevere stated he would like to conduct additional research so the City Council knows
all of its options.
Mayor/President Willson stated it may be an opinion to consider a moratorium until the
ordinance is defined and that issue is resolved. City Attorney LeFevere advised the City Council
would not need a moratorium because the only proposal on the table is from Mn/DOT and it is
leaving the decision to the City Council. Thus, there is no vested right for creating a mural while
the City Council considers the ordinance. In addition, to gain entitlement to maintain a
grandfathered use it needs to be a significant property (bricks and mortar), not just paint.
City Attorney LeFevere referenced the Sign Ordinance and read the definition of "sign," noting
it is pretty broad but does not cover purely artistic murals so it could be broadened.
Councilmember /Commissioner Ryan stated he would like further legal clarification prior to
consideration of this request. He noted the City Council needed to be cognizant of the fact that
some identify art as a commercial representation while others identify it as instances of fine art,
referencing Andy Worhol's use of Campbell's soup cans in his art.
Councilmember /Commissioner Ryan noted this is a long stretch of wall that may present
interesting problems for the School District supporting this effort. He also noted the intended
location is close to the bike trail, which may entice graffiti vandalism, and asked staff to obtain
information on how effective this type of public art has been to reduce instances of graffiti.
City Attorney LeFevere advised that the first amendment provides the greatest degree of
protection to free ideas and more ability to regulate commercial speech than other types of
speech. He noted that in residential neighborhoods and commercial areas, people would rather
not have a lot of free expression on signs and billboards and the City has gone as far as it can in
limiting free expression signs. City Attorney LeFevere explained that it is easier to imagine the
effect when it is a written message; however, the same messages can be conveyed via images.
He stated if the Council finds it to be permissible to allow public art only in public spaces and on
public property that may be enough of a self limiting protection but he would like to research
that issue.
Councilmember /Commissioner Ryan stated the Council would have the authority to approach
restrictions to public spaces through the ordinance.
Councilmember /Commissioner Lasman asked if it is possible to create strict parameters, noting
like cases have to be treated fairly and equally. She asked if parameters can be drawn to identify
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uniqueness of location (i.e., location by elementary school /trail), and attributes that make it
appropriate to assure a precedence is not established.
City Attorney LeFevere stated the City Council probably has more latitude than normal because
"similarly situated landowners" would be public entities. He explained that if there are certain
elements of this request that make it acceptable and the City Council can identify those elements,
it can then determine that other requests without those elements would not be appropriate.
Mr. Boganey asked about a scenario whereby the City is responsible for making the decision to
paint the mural City Attorney LeFevere noted that is the current situation because Mn/DOT will
not allow the mural without the City's approval.
City Attorney LeFevere noted the City also has to abide by its ordinances and if a mural is not
defined as a "sign" under the ordinance then that is the case for all. However, the Council may
determine to allow a mural under specific circumstances such as public art, maintenance by a
public entity, the mural not being lit, and/or defined structural characteristics such as it not being
freestanding.
The majority consensus of the City Council was to continue consideration to allow time for the
City Attorney to review the City's ordinances and offer an opinion.
PRESIDENTIAL INVITE — COUNCILMEMBER ROCHE
Councilmember /Commissioner Roche thanked Mr. Boganey for drafting the invitation to
President Obama and agreed 2012 plays better into the schedule and would speak to
Councilmember /Commissioner Lasman's concern relating to respect for the work of the
Centennial Committee.
The City Council /EDA discussed the estimated $150 million of redevelopment projects in
Brooklyn Center. It was suggested that the demolition of Brookdale Mall and building of
Shingle Creek Shopping Center and the Earle Brown Heritage Convention Center also be
featured in the invitation.
The City Council/EDA considered whether businesses should be highlighted, such as Surly
Brewing Company and /or Caribou since its headquarters are located in Brooklyn Center
Councilmember /Commissioner Lasman expressed concern with naming some businesses without
naming all. The City Council /EDA discussed how the invitation could be worded and agreed
that the business owners should be asked permission and review the draft invitation prior to it
being sent.
With regard to the availability of mutual aid to facilitate a visit by the President, Mr. Boganey
indicated it is likely to be very expensive. It was acknowledged that a visit to Brooklyn Center
may be part of a Presidential re- election campaign visit to the State of Minnesota.
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Councilmember /Commissioner Roche stated City Council /EDA consensus had been reached
previously to send the invitation. He noted signatures from elementary students have already
been collected. Once approved, he suggested the invitation be forwarded to City, State, and
Federal delegation to gain their support. Councilmember /Commissioner Roche urged the City
Council/EDA to "dream big" and move ahead because such a visit would greatly impact the
City's rebranding effort.
The majority consensus of the City Council/EDA was to direct staff to provide several drafts of
the invitation (with and without mention of business names) for the Council's consideration.
ADJOURNMENT
Councilmember /Commissioner Roche moved and Councilmember /Commissioner Ryan
seconded adjournment of the City Council /Economic Development Authority Work Session at
8:59 p.m.
Motion passed unanimously.
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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 August 8, 201 L
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 August 22, 2011, Regular Session.
City Clerk Mayor
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