04-22-09 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 22, 2009 detail the City Council's authorization by Statute to exercise control in the City on issues of zoning, and public health, welfare, and safety. Under that authority, the Council needs a rational basis for creating a license. Property owners could challenge the issue in court on the basis that the creation of the license was arbitrary and capricious. The Attorney pointed out that the Council is very good at listening to property owners and has conducted this process in a transparent manner. The Attorney felt that the Council was within its authority to establish the license and is not doing so in an arbitrary and capricious manner. Property owners have a right to submit a petition to the Council. However, the Council would still be free to create the license. Stanke suggested that the City license every business. Keis noted that the City could, and perhaps should, but is not at that point. Keis indicated that he feels the Council must consider where it has the largest problems, and address resolving those problems. From a code enforcement standpoint, it is those businesses with outdoor storage. Keis indicated that licensing of outdoor storage may not resolve all the problems, but the City has to continue to try. Stanke asked why Ryan Industrial Park is always the focus. Keis pointed out that it has been athree-year process to update outdoor storage requirements. "the process began because there was agreement that outdoor storage was a mess and needed fixing. Keis noted that at the beginning of the process, the Council was of the feeling that outdoor storage should be eliminated. However, the Council met with the property owners in Ryan Industrial Park and listened to their input. Keis noted that the City can issue citations to property owners' whose outdoor storage is not in compliance with their CUPS. However, this is a long process. Keis indicated that the licensing of outdoor storage will provide another tool to address noncompliance. Lee Rossow reported that he owns six properties in Ryan Industrial Park. Rossow felt that the City Council has worked with property owners during this process, and indicated that he is in agreement with the licensing of outdoor storage. Rossow stated that no one wants more government than absolutely necessary, but indicated that a licensing requirement can be a beneficial thing, and outlined some history relative to the licensing of limo services. Rossow stated that he likes the idea that businesses will have to obtain a license for outdoor storage and in doing so will have to come to the City and discuss what they are doing and be held to compliance with their CUPS. Rossow also indicated that some of the Ryan Industrial park like the licensing requirement and some do not. Blesener pointed out that the license is only holding the property owners to what they agreed to in their CUPs. 13