02/06/12 Work Session - Laserfiche WebLink

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Commissioner Elvig stated that we are proceeding as if that deal with Osborne will not take place — it still can — but we cannot stop what we are doing to see if it does. The appraisal has to be done or the roadway work will not happen. He added that we have a great history of the prior appraisals to compare the current appraisals to. Attorney Goodrich advised that we need to get our appraisals into book form to have a technical review. 2. Consider Proposed Restrictive Covenants on HRA Owned Parcels in The COR HRA Executive Director Nelson stated that often in developments like The COR, there is a list of uses /users that would be detrimental to the project's vision and character. This varies from project to project, but there are certain uses commonly referred to as "the dirty dozen ". She listed the following uses for consideration: a bar or tavern, except in connection with a primary use as a restaurant, an outdoor amusement park or center, (excluding a public community center), a carnival (excluding annual or special events sponsored or run by the City), a disco or other dance hall (excluding a restaurant or bar restaurant with incidental dancing, a funeral parlor/home, a flea market, a massage parlor other than medical facilities and facilities offering spa and massage services and related items and services that is similar in operation to a "Massage Envy ", a warehouse or processing or rendering plant, a manufacturing or industrial facility, an establishment selling new or used cars, trailer or mobile homes, the sale or display of pornographic or "adult" materials including but not limited to adult risque or gag items, pornographic or "adult" live entertainment, or a store selling medicinal marijuana (whether consisting of live plants, seeds, or processed or harvested portions of the marijuana plant) or drug paraphernalia. She noted we can amend the list, but wondered how the HRA felt about the concept. Chairperson McGlone wanted the list shortened. He felt that we need to get the bar /tavern figured out. Commissioner Backous asked how often prohibiting pornographic material is challenged. All of these can be challenged in court. He noted that people who buy property here may not want this list in the covenant and wondered if it would make the property less marketable. Ms. Nelson responded that we have zoning provisions and you cannot zone certain businesses out — you have to have areas within the City where they can locate these types of businesses. We cannot preclude them but we can regulate where they can be. Development Manager Lazan reported that the industry seems to recognize this dirty dozen so he did not think this will make us less marketable. Commissioner Elvig agreed that this is fairly common and most landowners appreciate it. He expressed concern about the outdoor amusement part. Maybe we should have some different wording on that as we are trying to promote outdoor things for this area. The HRA agreed that the bar /tavern and the amusement park portions should be looked at. Housing and Redevelopment Authority / February 6, 2012 Page 8of11