Minutes - Council - 11/13/2001 - Laserfiche WebLink

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Councilmember Hendriksen inquired if there are additional requirements that Mr. Enstrom should be aware of that were not in existence when he initially applied for the conditional use permit. City Engineer Jankowski explained that there have been changes made to the wetland conservation act, which prohibits excavation of certain wetlands. Staff has contacted the person that types wetlands and concluded that Mr. Enstrom's wetland is not prohibited from being excavated. Motion by Councilmember Kurak, seconded by Councilmember Hendriksen, to table Mr. Enstrom's conditional use permit renewal request to a properly scheduled City Council meeting to be held on November 20, 2001, at 5:30 p.m. and direct staff to notify the residents present at the Planning Commission meeting. Further discussion: Councilmember Kurak inquired if it would be possible to add verbiage to the conditional use permits that would identify when an applicant should come forward to reapply for a new permit. Community Development Director Frolik replied that boilerplate language could be added to the permit that would state the applicant should apply 60 days prior to expiration. Councilmember Hendriksen stated that he would avoid giving a specific time because it could take longer than the 60 days. He recommended having the City Attorney draft the appropriate language. Mr. Enstrom stated that he understood what was happening, but felt it was unjust or unfair. He stated that there was nothing in the application that stated he had to request a renewal of the permit prior to expiration. He stated that it is very difficult to survive in this world and he has one employee whose wife has cancer and needs the extra money to pay for cancer bills, and his other employee has four kids. He expressed that it is very difficult to tell his employees they cannot work over a frivolous technicality. Councilmember Kurak inquired as to what the ramifications would be to the City if they were to temporarily extend the conditional use permit. City Attorney Goodrich replied that the Council would not be following the ordinance so, therefore, the Council would be breaking the law. Councilmember Anderson inquired if there was any other way to handle the issue other than how it had been proposed. City Attorney Goodrich replied no. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Kurak, Hendriksen, Anderson, and Zimmerman. Voting No: None. Case #6: Consider Entering Into Real Estate Exchange Agreement with Lawrence T. Cody (Wendells) City Engineer Olson stated that in conjunction with the i43rd/Azurite Street extension project and installation of related municipal utilities, the City needs to impact in various ways on the adjacent Wendell's property, which is Lot 1, Block 5, Gateway North Industrial Park Plat 2. This property is owned by Lawrence T. Cody of Wendells. The various trade-offs between the City and landowner have been written into the Real Estate Exchange Agreement. The Agreement generally provides for the relocation of Wendell's driveway from C.R. #116 access to the new Azurite Street; removal of curbing and parking spaces to accommodate the new City Council/November 13, 2001 Page 7 of 20