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COUNCIL MINUTES June 27, 2011 <br /> APPROVED <br /> 90 6B. Public Hearing and Consideration of First Reading of Ordinance No. 12-11, Approving the <br /> '--91 Vacation of a Playground Easement for the YMCA at 7690 Village Drive—Planner Bengtson <br /> 92 explained that the YMCA is requesting vacation of an easement originally intended to be constructed <br /> 93 as playground space to serve the Legacy project. Since that use can be included elsewhere in future <br /> 94 Legacy development and the YMCA is suffering due to lack of parking, staff is recommending this <br /> 95 vacation that would allow for a parking area expansion. The parking lot project is currently under <br /> 96 review by staff. <br /> 97 <br /> 98 Mayor Reinert opened the public hearing. There being no one present wishing to speak the public <br /> 99 hearing was closed. <br /> 100 <br /> 101 Council Member O'Donnell moved to approve the first reading of Ordinance No. 12-11 as presented. <br /> 102 Council Member Roeser seconded the motion. Motion carried on a voice vote; Council Member <br /> 103 Gallup absent. <br /> 104 <br /> 105 6C. Zoning Amendment—Temporary Batch Plants <br /> 106 i. 2nd Reading of Ordinance No. 13-11 Amending the Zoning Ordinance to include temporary <br /> 107 batch plants and similar uses as an interim use within certain zoning districts—Planner <br /> 108 Bengtson recalled that Arnt Construction has requested that the city allow their proposed batch plant <br /> 109 as an interim use at 2209 Phelps Road. The batch plant would serve the I35E road construction <br /> 110 project. Staff has developed and the council has approved first reading of an ordinance that adds <br /> 111 temporary batch plants as an interim use within certain zoning districts and establishes conditions and <br /> 112 requirements. The Planning and Zoning Board has approved the ordinance. <br /> 113 <br /> 114 Council Member Rafferty moved to waive full reading of the ordinance. Council Roeser seconded <br /> 115 the motion. Motion carried on a voice vote; Council Member Gallup absent. <br /> 116 <br /> 117 Council Member O'Donnell moved to approve second reading and adoption of Ordinance No. 13-11 <br /> 118 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas; 4;Nays none; <br /> 119 Absent—Gallup. <br /> 120 <br /> 121 ii. Resolution No. 11-64, authorizing summary publication of Ordinance No. 13-11. <br /> 122 <br /> 123 Council Member Roeser moved to approve Resolution No. 11-64 as presented. Council Member <br /> 124 Roeser seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. <br /> 125 <br /> 126 6D. Interim Use Permit for Temporary Batch Plant <br /> 127 i. Resolution No. 11-60, Approving Interim Use Permit for Arnt Construction; and ii. <br /> 128 Resolution No. 11-68, Authorizing execution of a Site Performance Agreement with Arnt <br /> 129 Construction - Planner Bengtson explained that Arnt Construction has requested that they be <br /> 130 allowed to operate a temporary batch plant in conjunction with the I35E construction project. An <br /> 131 interim use permit is requested that would allow that function. Staff has reviewed the application for <br /> 132 a permit and is reporting on how it meets the general standards. A performance agreement is included <br /> 133 in the requirements. Based on the request of the applicants and on discussion at the council work <br /> . 134 session, staff is proposing that the performance agreement be amended to change the hours of <br /> 3 <br />