09-06-2011 Council Minutes - Laserfiche WebLink

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CITY COUNCIL WORK SESSION September 6,2011 APPROVED 46 47 The mayor asked the council if they would like to consider an ordinance change overall to 48 allow this situation? He suggested that staff should look more specifically at what other 49 cities are doing in this area and review the possibility of allowing the use of fence spikes. 50 51 Mr. Jensen added that the fence is also a safety issue for his family as well as a matter of 52 privacy. He also has an issue that he cannot place a playset for his young children in the 53 yard if the fence isn't allowed as requested. 54 55 2. Paul Montain—Zoning Issue at 8122 80th Street—Community Development 56 Director Grochala recalled that the zoning issue at 8122 80th St was brought forward 57 through a complaint on the use of the property for a trucking business. Staff has 58 investigated the fertilizer company operations that are occurring on the property. The 59 property owners are contending that the use is agricultural and therefore allowed. Staff 60 has considered it to be a trucking business use and therefore not a permitted use. The 61 property owners appeared at a recent Open Mike and requested an opportunity to discuss 62 the situation at a council work session. 63 64 Paul Montain and Lloyd Drilling, owners of the property at 8122 80th Street, told the 65 council that they firmly believe the use at the site is agricultural and that it should be 66 allowed. The operations do involve trucks that are moving things around and the 67 operations are agriculture related. Mr. Montain pointed out that neither the city nor the 68 state of agriculture (and the operations involved) are the same as when the pertinent city '''"' 69 law was drafted (in the 1980's). He is exclusively involved in agriculture and he expects 70 the rules to recognize that; otherwise they need to be properly changed. Furthermore he 71 was told by the city's former attorney, Mr. Hawkins, that the use is permitted. 72 73 Community Development Director Grochala clarified that the title of the land use district 74 may be confusing. It is not, in fact, intended to allow agricultural use. Perhaps a 75 clarification is what's needed. The mayor noted that it appears that the city may have to 76 revisit its ordinances in this area and figure out what makes sense for this situation and 77 others like it. 78 79 The mayor noted that the city has received a complaint relative to noise, number of 80 trucks, dust, etc. Staff confirmed that the concern is about the vehicles operating a 81 business out of the property and providing services to others. The mayor suggested that 82 staff should be looking at all like situations for reference and studying the overall issue 83 while being sensitive to business and agricultural needs. 84 85 City Attorney Langel suggested that the council should also focus on these ten acres and 86 the operations that are occurring there whereby a business is actually providing services 87 to others. Community Development Director Grochala suggested that it seems as if the 88 council wants to draw the line as far as use and would be interested in providing for a way 89 to operate a business such as this with some controls; perhaps a topic appropriately 90 discussed by the Planning and Zoning Board. Mr. Grochala added that, in the meantime, 2