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I I I Council Meeting Minutes July 23, 1996 Page 7 Council Business. continued Ron DeCoux, 1124 Robin and Clinch-on-Products (COC), said COC has purchased the Basic Industries building at 1275 Old Hwy 8, and plan to subdivide the lot, build a new facility, and sell/rent the existing building. This moratorium hits COC very hard because of their interest to move by Spring 1997. COC opposes the moratorium, and requests a minor subdivision and exclusion from the moratorium. Benke said a minor subdivision must go before the Planning Commission. Mattila said they need a site plan to determine if the site is adequate for a 30,000 sq. ft. building. Benke said that excluding a property from the moratorium is difficult, but deferring the second reading allows for review. Jake Cadwallader plans to acquire three residential parcels on Old Hwy 8 and retain residential usage, but is concern of the moratorium. Benke speculates this area may be left residential, and suggested the second reading be held in August and requested staff follow-up with prospective applicants. Larson feels more applicants may surface after hearing of the moratorium. Fulton said the City-owned driving range should be added to the moratorium, but questioned if it impacts the temporary soccer field. Benke said the soccer field is a temporary, interim use and should be noted as that in the moratorium. Motion by Larson, seconded by Samuelson, to WAIVE THE FIRST READING TO ADOPT THE ORDINANCE PLACING A MORATORIUM ON DEVELOPMENT AND REDEVELOPMENT ACTIVITY ON CERTAIN PROPERTIES WITHIN THE HWY 8 CORRIDOR; DIRECT STAFF TO FOLLOW-UP ON QUESTIONS RAISED BY PROSPECTIVE APPLICANTS; AND ADVISE COUNCIL OF ANY MODIFICATIONS WHICH WILL BE NEEDED FOR THE SECOND READING. 3 Ayes - 0 Nayes, Motion Carried. Mattila presented the Adult Use Ordinance. The ordinance would regulate adult use operations and restrict their location to a portion of industrial areas representing 5 % of City land area. The City cannot prohibit adult uses, however, it can regulate operation and location providing such uses have access to public streets and utilities, and the areas designated represent at least 5 % of the City's land area. LeFevere said it may seem the City is authorizing adult uses not currently allowed. However, because of the First Amendment these uses cannot be prohibited outright but can be regulated for police power, zoning, property values, and increased crime. The intent is to regulate these uses so it minimizes impact on residential and commercial areas. Samuelson asked the reason for the 5 % land area. LeFevere said this is the minimum amount allowed by law. Benke added that the ordinance needs to be very specific in order to be enforceable. Larson asked if Section 14-415 (f) (2), License Requirement could include reference to delinquent child support payments. LeFevere does not feel the City could tied these payments into the application process. Motion by Samuelson, seconded by Larson, to WAIVE THE FIRST AND SECOND READING, ORDER THE PUBLICATION, AND ADOPT THE ORDINANCE RELATING TO THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE: PUBLIC HEALTH: AMENDING NEW BRIGHTON CITY CODE BY AMENDING SECTION 15-218; ADDING A NEW ARTICLE XIV; AND AMENDING APPENDIX A, SECTIONS 6-030, 6-130, AND 6-230. 3 Ayes - 0 Nayes, Motion Carried. Council Business Moratorium on Old Hwy8 Report 96-162 Ordinance 623 Adult Use Ordinance Report 96-163 Ordinance 622