10/11/1993 Council Minutes - Laserfiche WebLink

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1 1 1 18 COUNCIL MEETING OCTOBER 11, 1993 capable of supporting on-site septic systems. Additionally, the amendment allows existing homes to reduce their lot size if the balance of the property is 10 acres or more in size and is serviced by public sewer. As requested by the City Council, wording has been added to provide that homes and accessory buildings be located on the lots to allow for future resubdivision. Mr. Brixius noted that a site plan would be required to insure the ability for future subdivision. He also noted that future subdivision will be made more difficult because of the every increasing provisions for wetland preservation. Council Member Bergeson noted that the intent of the amendment was to allow a property owner tO separate the homestead from the farm acreage so that the acreage could be developed. However, it also allows a property owner with 12 acres to subdivide his property. He is not allowed to do this under the current ordinances. Mr. Brixius said that in preparing the ordinance amendment, he was looking at a uniform application of the ordinance. Council Member Kuether moved to adopt the second reading of Ordinance No. 93 - 18. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 93 - 16 Regulating Adult Use Activities and Businesses - Mr. Brixius addressed the question previously raised on this ordinance regarding hours of business. He explained that no specific hours of business are mentioned in the proposed ordinance. He explained that the City Council has not established regulated hours for generic businesses and if hours of operation were placed on adult use businesses, the provision would easily be challenged. He noted that since the City does not restrict hours that a normal movie theater can be open, the City Council cannot restrict hours an adult theater can be open. Mayor Reinert asked how these businesses would be controlled. Mr. Brixius noted that the nuisance ordinance would apply. He also noted that he intentionally stayed away from a "content based" ordinance. These ordinances are easily challenged. The adult business will be treated in the same manner as "content neutral" businesses. They can be controlled through license regulations; a thorough investigation will first be conducted and if the City gets a lot of nuisance calls, the business can be reprimanded or the license can be revoked. Mr. Brixius said that the caution the City is taking at this point provides maximum protection. PAGE 4