2023.02.14 CC Packet - Laserfiche WebLink

Home Browse Search

January 24, 2023 Page 3 of 5 Ordinance, reviewed the minor updates that were made to the Ordinance since the January 10 City Council meeting and recommended approval of Ordinance 893. Mayor Niedfeldt-Thomas reported new recommendations may come forward regarding parking from the Climate Action Plan or parking study. She asked if an amendment should be considered for this Ordinance. Assistant Director of Community Assets and Development Gozola explained this would automatically happen, as would happen with any study that was completed by the City. He noted staff would bring options to the Council if changes to the Ordinance were necessary once the Climate Action Plan and parking study were completed. Motion by Councilmember Abdulle, seconded by Councilmember Dunsworth to approve Ordinance 893, an Ordinance Amending Chapters 2 & 6 of the New Brighton Zoning Code Eliminating the City’s Existing Mixed Use Districts in Favor of New Mixed Use Zoning Regulations to Govern the Various Lands Guided and Zoned for Mixed Use throughout the City noting this Ordinance would be revisited if there were any staff recommendations for changes resulting from the planned parking study or Climate Action Plan. Councilmember Axberg asked if it was necessary to require staff to bring this item back. Councilmember Dunsworth stated she believed there was value in bringing the item back to ensure this Ordinance aligned with the parking study and Climate Action Plan. 3 Ayes, 0 Nays, 1 Abstain (Councilmember Axberg)-Motion Carried Motion by Councilmember Abdulle, seconded by Councilmember Dunsworth to adopt a Resolution approving the Summary Publication of Ordinance 893. 4 Ayes, 0 Nays-Motion Carried 2. Ordinance Review a. Consider Approval of Ordinance 897: An Interim Ordinance Temporarily Establishing a Licensing and Planning Moratorium on the Establishment or Expansion of Tobacco Shops. b. Consider approval of the Summary Publication Resolution for Ordinance 897. City Manager Massopust explained at the January 10 work session staff brought to the attention of the Council that we have a higher rate of standalone tobacco shops than our surrounding communities (1 per 3,792 residents; the next highest of surrounding communities is 1 per 5,918 residents). The discussion was brought forward in light of continued interest in tobacco license applications. The ask of Council at the 1/10/23 meeting was if there was desire to make any changes to our licensing requirements to address the rate. The City Council asked generally that a moratorium be put in place so that there could be time to consider proposals and consider the discussions around them. The Ordinance under consideration would prohibit any new applications for tobacco shop licenses, as well as any expansions of existing ones. This prohibition would be in place for one year beginning after publication of said ordinance. The City Council has this authority under Minnesota Statutes as well as under its authority to adopt business licensing requirements related to tobacco products. This moratorium would not apply to tobacco licenses for premises who have less than 40% of their monthly revenue come from tobacco related sales (liquor stores, grocery stores, gas stations, etc.) The moratorium does not apply to a tobacco shop that needs to renew its license and that existed prior to the effect date of the ordinance and does not impact the continued operation of already existing tobacco shops. Next steps will include education around tobacco related issues in New Brighton and discussion on potential licensing restrictions for tobacco shops. 2. Ordinance Review a. Consider Approval of Ordinance 897: An Interim Ordinance Temporarily Establishing a Licensing and Planning Moratorium on the Establishment or Expansion of Tobacco Shops. b. Consider approval of the Summary Publication Resolution for Ordinance 897.