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Home My WebLink AboutCCMin_93Apr28MINUTES ~ o ~ ~ REGULAR CITY COUNCIL MEETING APRIL 28, 1993 Baldwin convened the meeting at 7:03 p.m. ALL MEMBERS PRESENT Baldwin, Ciernia, Gehrz, Gibson Talbot and Jacobs. Also present were Bachmam, Chenoweth and Hoyt. MINUTES OF 4/14/93 APPROVED Council approved the Minutes of April 14, 1993 by unanimous consent. ITEM C-2 REMOVED FROM CONSENT AGENDA AND PLACED ON POLICY AGENDA Council removed Item C-2, Application for a business license for Falcon Heights General Store at 1537 W. Larpenteur, from the Consent Agenda and placed it on the Policy Agenda for discussion. CONSENT AGENDA APPROVED Council approved the following Consent Agenda by unanimous consent: 1. Disbursements a. General Disbursements through 4/15/93, $98,848.99 b. Payroll, 4/15/93 - 4/30/93, $11,031.84 2. Authorization to purchase additional multi-unit recycling containers at a cost not to exceed $600.00 such funds to come from recycling collection fees 3. Authorization to purchase bike rack for city hall, basketball standards for Community park with installation of the same, and purchase of sand and ag rock for Community Park ballfield 4. Licenses (list attached) APPLICATION FOR A BUSINESS LICENSE FOR FALCON HEIGHTS GENERAL STORE AT 1537 W. LARPENTEUR Baldwin explained that due to the moratorium on issuance of new business licenses not listed as permitted uses in the zoning code, staff has recommended denial of the license. Attorney Stanley Efron representing the license applicant, expressed concern regarding the staff recommendation based partially on the majority of the goods for sale being used. He stated that there will be new and used items and the applicant had never indicated the majority of the items would be used. He also commented on other businesses which deal in previously owned property, ie. antiques, cameras, and jewelry. o~ MINUTES APRIL 28, 1993 PAGE 2 Baldwin again stressed that the moratorium was adopted to allow time for completion of the study of uses in the business district. John Mutschler explained that he was a small part owner of the proposed business and that David Johnson, Fargo North Dakota, was the principal owner. He stated that the concept of the business is to have quality, low priced merchandise obtained from trade shows, close outs, etc. Ciernia questioned walk-in sales and asked Mr. Mutschler if he would purchase a person's used VCR if that person walked into the store with it, and if the person could buy it back. Mr. Mutschler replied in the positive, but that he did not expect this to be a large portion of the business. James Ladner, owner of Northome Center, where the proposed business would be located spoke in favor of granting the license as he sees the business as a permitted use under the zoning code. He commented that he believed there are presently many other businesses which take trade-ins such as golf clubs. He stressed that he wants to keep the mall occupied with good tenants who are good citizens and they would be monitored as he did not want anything illegal. Baldwin again commented on the fact that the zoning administrator determined that this use falls into the second hand store category which is not presently a permitted use and, therefore, this proposed use would fall within the intent of the moratorium. He felt there were two options, either to reconsider the moratorium or hear from the administrator and attorney that they have changed their minds regarding the use. Bachman explained that the zoning code provides that the city administrator administers the zoning code and the city council adopted the code and, therefore, may intrepret the code as they deem appropriate. He stressed that the issues council must address are whether or not this type of store is specifically listed as a permitted use and if permitting a business to sell, buy and trade is to be interpreted as a permitted use. He also commented on the fact that the planning study now in progress will be addressing second hand stores, pawn stores, etc. Hoyt indicated the staff recommendation to deny the license was based on the definition of "secondhand store" in State Statutes and read the following from Statute 471.925: "secondhand goods or junk dealer means a person engaged in the business of buying second goods of any kind, including but not limited to coins, gold, silver, jewelry, metals, guns and wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled, but not including goods and merchandise taken as part ~1 I MINUTES APRIL 28, 1993 PAGE 3 fi~r' iyy V or full payment for new goods and merchandise". She noted that in a telephone conversation with Mr. Mutschler he had informed her that they anticipate that initially 5% to 10% of the business would be from walk-in sales with the amount possibly increasing to 500. A lengthy discussion ensued regarding the definition of secondhand store/secondhand goods, and the intended use of the premises by the proposed business owner. Bachman again stressed that the central issue is "is the use proposed a specifically listed use in the zoning code?". If council is of the opinion that it is not a specifically permitted use, the findings should indicate that, and state that it falls within the moratorium. He indicated another option would be to refer the matter back to staff to obtain further information or perhaps set conditions on the business defining what can or can not be done during the period of the moratorium. Bachman commented that the statute is not binding on council, city regulations may also be adopted, and that this is the purpose of the moratorium. Baldwin stated it is the sense of the council to agree with the zoning admininstrator's finding that this proposed use definitely is not a permitted use under the zoning code and, therefore, falls within the moratorium. Mr. Efron inquired about the findings to which Baldwin replied "these are our findings". Hoyt indicated that the findings will be formalized and presented at the next council meeting for council review and adoption. ASSESSMENT INTEREST RATE FOR 1993 STREET IMPROVEMENT PROJECT SET AT 6.5% Baldwin explained that at the April 14, 1993 council meeting council proposed adopting a 6.5% interest rate for assessment of the 1993 street improvement project. Ciernia moved that the interest rate be established at 6.50 over the ten year assessment period. Upon a vote being taken the following voted in favor thereof: Baldwin, Ciernia and Gibson Talbot, and the following voted against the same: Jacobs. Gehrz abstained. Motion carried. PROPOSED ORDINANCE CODE RELATING TO ALLOCATION OF BUILDING PERMIT FEES Baldwin explained that the allocation of building permit fees presently described in the zoning code addresess a system no longer in use and is in need of updating. The proposed ordinance will accomplish this need. The Plannning Commission held a public MINUTES ~ O 3 ~' APRIL 28, 1993 PAGE 4 hearing on the issue on April 26, 1993 after which the commission recommended adoption of the amendment. Gehrz moved adoption of Ordinance 0-93-03 which carried unanimously. ORDINANCE 0-93-03 AN ORDINANCE REPEALING SECTION 9-2.15, SUBD. 2 (304)(e) OF THE ZONING CODE RELATING TO ALLOCATION OF BUILDING PERMIT FEES PROPOSED AMENDMENT TO SECTION 9-13.02(11) RELATING TO SIGNS REFERRED BACK TO PLANNING COMMISSION The item relating to amendment of the sign ordinance addressing 'displays not constituting signs' was referred back to the Planning Commission upon the recommendation of staff. ADJOURNMENT The meeting was adjourned at 8:27 p.m. 1 I~~l ,. ~"t..' Tom Baldwin, Mayor ATTEST: !1~ Shirley Che oweth, City Cler CONSENT AGENDA APRIL 28, 1993 LICENSES GENERAL CONTRACTOR Able Fence #2012 Blacktop Driveway Co. #2013 CORPORATE Crocker Financial #2015 1530 W. Larpenteur Market America Corporation #2014 1530 W. Larpenteur RESTAURANT *The Coffee Grounds #2016 15798 Hamline Ave. * Denotes new business L