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HomeMy WebLinkAbout02.05.90 Council Minutes MINUTES COUNCIL MEETING REGULAR. FEBRUARY 5, 1990 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Mayer, Sprute, Galler. Members Absent: McKnight. Also Present: Administrator Thompson, Attorney Grannis. 2. MOTION by Mayer, second by Sprute to approve the agenda with the following changes: a. Remove Item 11c - Engineering Schools and Conference request. APIF, MOTION CARRIED. 3. MOTION by Galler, second by Kuchera to approve the minutes of the January 16, 1990 regular meeting. APIF, MOTION CARRIED. MOTION by Sprute, second by Mayer to approve the minutes of the January 24, 1990 special meeting. APIF, MOTION CARRIED. 4. MOTION by Galler, second by Kuchera to classify the following tax forfeited properties as non-conservation: Part of Lots 9,10 and 11, Block 26; and part of Lots 5,6,7, and 8, Block 30, Town of Farmington. APIF, MOTION CARRIED. 5. MOTION by Kuchera, second by Sprute to approve the amendment to the Vermillion River Watershed Management Board Joint Powers Agreement increasing the number of board members from 5 to 9 and changing the required number of votes needed to approve a project from 4/5 to 2/3. APIF, MOTION CARRIED. 6. Mayor Kuchera opened a public hearing at 7:15 P.M. to consider approving an ordinance amending the zoning ordinance to allow Day Care Centers as a conditional use in the B-1 Zoning District. Administrator Thompson noted that the Planning Commission had reviewed the proposal and recommended approval. The following testimony was heard: Mayor Kuchera: Where is the proposed day care center to be located? In the south part of the shopping center, but the change would apply to all B-1 Districts. Would the areas be fenced? Mayor Kuchera: Adm. Thompson: Cm. Mayer: State Law requires fences and other requirements. I looked at the requirements for commercial day care centers and they are stringent. Are we looking at the entire T.R.3 corridor? The Planning Commission is reviewing that issue along with the Comprehensive Plan amendment. Will the sewer be affected? The proposed use would be in an existing building and there ' are several other permitted uses which would place a greater Ken Hanson: Cm. Galler: Cm. Mayer: Ken Hanson: Ken Hanson: burden on the sewer. Cm. Mayer: If the entire TR 3 corridor were approved for commercial use, would you be comfortable with day care in that area? Ken Hanson: Yes. MOTION by Sprute, second by Mayer to close the hearing. APIF, MOTION CARRIED. Councilmember Sprute asked if day care centers were allowed along highways in other cities. Administrator Thompson said they were. Councilmember Sprute asked the Administrator to review the conditional use requirements. MOTION by Galler, second by Mayer to approve ORDINANCE NO. 090-227 approving day care centers as a conditional use in the B-1 Business District. APIF, MOTION CARRIED. 7. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider various amendments to the Zoning Ordinance. Administrator Thompson reviewed the proposed changes noting the Planning Commission had recommended the amendment. The following testimony was given: Ken Hanson: The Planning Commission was trying to clarify the relationship between wall signs and pylon signs. Will multiple signs be allowed? Yes, if the total area does not exceed the requirement. Mayor Kuchera: Ken Hanson: MOTION by Sprute, second by Galler to close the hearing. APIF, MOTION CARRIED. Councilmember Sprute noted that because of changes in the industry, the ordinance would probably have to be revised in the future. MOTION by Sprute, second by Kuchera to adopt ORDINANCE NO. 090-228 amending the sign ordinance as presented. APIF, MOTION CARRIED. 8. Mayor Kuchera opened a public hearing at 7:45 P.M. to consider amending the Zoning Ordinance increasing the multi-family housing density in the B-2 Zoning District. Administrator Thompson presented a background on the issue, noting that the Planning Commission was trying to place all multi-family housing on the same footing as elderly housing and perhaps enhance development in the central business district. The following testimony was given: Mayor Kuchera: Jerry Henricks: The HRA has expressed concerns regarding the proposal. The HRA noted several concerns which were outlined in my January 9, 1990 and January 15, 1990 memos. Mayor Kuchera: Police Chief Siebenaler: Cm.. Galler: Does the proposal increase parking problems? We have had parking problems with the downtown apartments. Off street parking would have to be addressed. The only major objection I see is off-street parking. The HRA also noted safety and recreation concerns. The HRA did not make a negative recommendation but only offered its concerns. The parking and safety concerns are Jerry Henricks: Cm.. Mayer: most important. Cm.. Galler: Do any downtown units have children? Pol. Chief Siebenaler: I know of one. Ken Hanson: The Planning Commission felt the code should not discriminate between elderly and non-elderly housing. Parking and safety concerns would be addressed in the conditional use process. Cm.. Mayer: I feel the code should distinguish between elderly and non-elderly housing because parking needs are different. MOTION by Sprute, second by Mayer to close the hearing. APIF, MOTION CARRIED. Minutes - Council - 2/5/90 - Page 3 Councilmember Sprute noted that parking was a major concern and would add to the problem. MOTION by Mayer, second by Sprute to amendment to the Zoning Ordinance. VOTING FOR: Sprute, Mayer. Galler. MOTION FAILED. that the amendment deny the proposed AGAINST: Kuchera, 9. MOTION by Galler, second by Kuchera to adopt an Ordinance amending the Zoning Ordinance increasing the density of multi-family housing in the B-2 District. VOTING FOR: Galler. AGAINST: Sprute, Mayer, Kuchera. MOTION FAILED. 10. The Council reviewed a utility franchise agreement proposed by Dakota Electric Association. The Council directed staff to discuss the matter with Dakota Electric and report back to the Council. 11. The Council next considered a comprehensive change to the Massage and Sauna ordinance. Administrator Thompson stated that the proposed ordinance incorporated many of the Burnsville requirements, most notably the education requirements. Administrator Thompson stated that he had discussed the proposed ordinance with Charles Louis who had requested the revision and the ordinance appeared satisfactory except for a clarification of hours of operation, the prohibition of off-site service. Mr. Louis noted that all references should be changed to "therapeutic" massage. A lengthy discussion followed regarding "off site" service. Mr. Louis noted that if a person wanted to perform illegal off-site service they more than likely would not be licensed, and thorough background checks should screen out illegitimate businesses. Police Chief Siebenaler stated that it was not Mr. Louis he was concerned about, it was control of illegitimate businesses, and if they intended to deceive on the appli- cation, a background check would not catch everything. Administrator Thompson also noted a major concern was the fee schedule, which was felt to be excessive. A lengthy discussion followed regarding the fees. MOTION by Galler, second by Mayer to approve ORDINANCE NO. 090-229 amending the sauna and massage ordinance with the following changes: a. Delete the prohibition of off-site service. b. Hours of operation shall be 7:00 A.M. to 10:00 P.M. c. Massage shall be referred to as therapeutic massage. APIF, MOTION CARRIED. It was the consensus of the Council that the matter be reviewed in six months. MOTION by Sprute, second by Kuchera to adopt RESOLUTION NO. R6-90 amending the 1990 Fee Schedule as follows: Saunas Annual Business Original Investigation Renewal Investigation Business Therapist Investigation Investigation (Therapist) Renewal Investigation Therapeutic Massage APIF, MOTION CARRIED. $5,000 300 150 $ 300 (includes 1 therapist) 50 300 200 o 12. MOTION by Mayer, second by Kuchera to adopt RESOLUTION NO. R7-90 ordering the abatement of a hazardous condition at 321, 323 and 325 Third Street. APIF, MOTION CARRIED . 13. City Engineer Kaldunski presented the T.H. 50 Industrial Park Feasibility Report. Mr. Kaldunski summarized the findings in the report. EDC Director Henricks reviewed Minutes-Council-2/5/90-page 4 the proposed TIF Financing Plan as stated in his February 2, 1990 memo. Administrator Thompson noted because of the background work and short time frame to approve the project, Ehlers and Associates would act as fiscal advisors instead of Springsted, Inc. MOTION by Sprute, second by Kuchera to adopt RESOLUTION NO. R8-90 approving the T.H. 50 Industrial Park Feasibility Report. APIF, MOTION CARRIED. 14. MOTION by S~r~te, second by Mayer to appoint Marvin Wier to the Water Board. APIF, MOTION CARRIED. 15. MOTION by Sprute, second by Galler to adopt the Sexual Harassment Policy as presented. APIF, MOTION CARRIED. 16. MOTION by Sprute, second by Mayer to appoint Ken Kuchera as the Fire Chief. VOTING FOR: Sprute, Galler, Mayer. AGAINST: None. ABSTAIN: Kuchera. MOTION CARRIED . 17. MOTION by Sprute, second by Kuchera to approve the consent agenda as follows: a. Approve School/Conference Request - Solid Waste Seminar. b. Adopt RESOLUTION NO. R9-90 accepting a donation to the Senior Center from the Senior Center Building Fund for $3,398.00. c. Approve School/Conference request - Fire Department - Sectional School. d. Approve State Lottery application - Liquor Store. e. Adopt RESOLUTION NO. RIO-90 designating City Hall garage as a smoking area. f. Approve a capital outlay request - Administration - for a telephone system from Centel for $10,967.75. g. Approve School/Conference Request - Police - Self Defense. h. Approve School/Conference Request - Police - First Responder. i. Approve 1990-1991 Labor Agreement- Local 320. j. Approve Capital Outlay Request - Public Works - Crack Router. k. Approve School/Conference Request - Finance - Interview Techniques. 1. Approve School/Conference Request - Parks and Recreation Conference. m. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 18. MOTION by Galler, second by Kuchera to acknowledge the request of J.P. Norex to settle the Project 89-5 dispute. APIF, MOTION CARRIED. It was the consensus that staff be authorized to negotiate the settlement. 19. During roundtable the following items were discussed: a. Councilmembers should contact legislators to approve the Middle School Bond Program. 20. MOTION by Kuchera, second by Sprute to adjourn at 11:00 P.M. APIF, MOTION CARRIED. Respectfully submitted, ,:1'")y. 77-r- ~a..f{y . Thompson City Administrator Approved