2017.04.25 CC Minutes - Laserfiche WebLink

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April 25, 2017 AMENDMENT: Motion by Councilmember Jacobsen, seconded by Councilmember Burg, to add a Condition restricting outdoor school activities from 10:00 p.m. to 6:00 a.m. for the SUP for the United Theological Seminary at 3000 5th Street NW. Councilmember Strub stated he was tempted to vote against this amendment given the fact the City did not have the same restrictions on Highview and Be] Air Elementary schools. 3 Ayes, 2 Nays (Bauman and Burg opposed}Amendment Carried 4 Ayes,1 Nay (Bauman opposed)- Amended Motion Carried 3. Consideration of Ordinance 850 creating a Temporary Family Health Care Dwelling License and consideration ofa Resolution approving a summary publication. Motion by Councilmember Strub, seconded by Councilmember Burg to Adopt Ordinance No 850, creating a new Article 18 to Chapter 15 of the City Code, creating a Temporary Family Health Care Dwelling License. City Manager Lotter indicated Assistant Director of Community Assets and Development/Planning Director Gundlach would be presenting this item to the Council. Assistant Director of Community Assets and Development/Planning Director Gundlach explained the City of New Brighton is initiating consideration of a City Code Amendment creating a new Article 18 to Chapter 15, establishing a license and imposing restrictions on the use of Temporary Family Health Care Dwellings. The purpose of the amendment is to require a license for the use of Temporary Family Health Care Dwellings and to impose restrictions that go beyond those found in Minnesota Statues, Section 462.3593. Assistant Director of Community Assets and Development/Planning Director G undlach reported proposed Ordinance No. 850 defines important terms, establishes performance standards for temporary family health care dwellings (location, size, height, exterior materials, etc.), creates an application process, allows the City to determine the appropriate application fee, establishes a six month right and one additional six month extension, creates a 12 month separation between multiple licenses, includes revocation rights for noncompliance, and requires applicants and occupants to enter into a Removal Agreement with a $1,000 financial guarantee. Assistant Director of Community Assets and Development/Planning Director Gundlach stated Ordinances do not become effective until they are published in the official City newspaper. Should the Council adopt Ordinance No. 850, staff would send the ordinance to the paper for publication in the May 3rd edition of the New Brighton Bulletin. In an effort to save in publishing costs, staff is recommending a summary publication as drafted in the proposed Resolution. Councilmember Strub asked how many cities have taken the step to allow this use. Assistant Director of Community Assets and Development/Planning Director Gundlach understood that most cities opted out, with the exception of Osseo. She stated no city to date has drafted their own regulations. Councilmember Bauman questioned how the temporary health care unit would be constructed and anchored. Assistant Director of Community Assets and Development/Planning Director Gundlach understood the State would be issuing licenses to the manufacturers of these units. The State licenses would address the construction and manufacturing of the temporary health care units. She commented the temporary units would not have to be on a permanent foundation. Councilmember Bauman stated she spoke to representatives from AMBO (Association of Minnesota Building Officials) and understood they spoke against these units at the legislature. She expressed concern with how these units would be properly regulated to ensure they remain safe. She feared a possible fire would Page 6 of 10 3. Consideration of Ordinance 850 creating a TmTorary Family Health Care Dwelling Lionise and oonsidea ation of a Resolution approving a summary publication.