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CITY COUNCIL WORK SESSION June 27, 2011 <br /> APPROVED <br /> 45 recommended approval of the permit as well, based on the conditions of approval <br /> 46 included in the resolution. <br /> 47 <br /> 48 Nick Arnt, Arnt Construction, and a representative of PCI Construction, were present. <br /> 49 <br /> 50 Planner Bengtson noted that a performance agreement would be a part of the permit. The <br /> 51 operators do have concern about some elements of the agreement. The hours of operation <br /> 52 included in the agreement are standard construction hour language but the operators are <br /> 53 requesting permission to operate from 5:00 a.m. to 8:00 p.m. Based on the location of the <br /> 54 facility, staff is comfortable with that change. The operators also have an issue with the <br /> 55 letter of credit required in the agreement. Staff feels that the city does need to have <br /> 56 access to funds that would pay for damage repair and that letter would provide such. <br /> 57 <br /> 58 The PCI representative noted that the $500,000 letter of credit is too high for his business <br /> 59 to leverage and unnecessary since the work will be under MnDOT road supervision <br /> 60 anyway. <br /> 61 <br /> 62 Community Development Director Grochala remarked that staff would have to speak <br /> 63 with MnDOT to ensure that the city is covered. The mayor suggested that staff prepare <br /> 64 language that will cover the city and allow the permit to move forward at the council <br /> 65 meeting. <br /> 66 <br /> 67 Item 6F) On-Street Parking Ordinance—Community Development Director Grochala <br /> 68 noted that there was some local newspaper coverage on this change after the first reading. <br /> 69 There hasn't been any negative feedback. <br /> 70 <br /> 71 2. 7301 Apollo Ct. (Open Mike 6-13)—Community Development Director <br /> 72 Grochala noted that staff is responding to a concern raised by a business operator(renter) <br /> 73 regarding an outside storage violation as well as a building code violation. Staff has <br /> 74 reviewed the situation and reports that the business (site) would not qualify for an <br /> 75 exception to the regulations they are violating. Further a change to the requirements to <br /> 76 allow the uses would have difficult repercussions since it would impact other properties. <br /> 77 The individual and his attorney that raised the concern are not available to meet with the <br /> 78 council until July 25 but since there are outstanding violations, staff is seeking council <br /> 79 direction. <br /> 80 <br /> 81 The council concurred that they will discuss the matter at the next work session and they <br /> 82 would like the business owner to be informed that they are working on the matter. <br /> 83 <br /> 84 3. American Legion/Fire Department Parking Update—Community <br /> 85 Development Director Grochala noted that he is reporting back on discussion with the <br /> 86 Fire Chief regarding the parking requests of their neighbor the American Legion. The <br /> 87 council directed staff to discuss the possibility of a lease of parking at the fire station lot. <br /> 88 Chief Streich has indicated that the Legion is already using 22 spaces with the fire <br /> 89 department's permission; a problem has arisen when they use spaces past those that are <br /> 2 <br />