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COUNCIL MINUTES April 10, 2017 DRAFT 7 the vote were to occur now, she would support the request. 261 262 Council Member Rafferty added that the council has received good information and he appreciates the 263 level provided by the applicant. To him, the past is important as well as the future. He would be not in 264 favor of allowing the CUP based on current information. 265 266 Council Member Kusterman moved to approve Resolution No. 17-29 as presented. Council Member 267 Rafferty seconded the motion. 268 269 Council Member Manthey said he doesn’t want to see Mr. Witzel purchase the land and not be able to 270 utilize as he chooses so, not having enough information to allow the use, he would have to support the 271 staff recommendation. 272 273 Council Member Rafferty pondered the possibility of postponement; could the council gain anything 274 from that? 275 276 Council Member Kusterman said he would withdraw his motion if the majority of the council would 277 like to study the matter further. 278 279 Council Member Manthey asked if there is more information the applicant thinks that he could 280 provide. Otherwise he doesn’t see it as a good decision to go forward, even for the applicant. 281 282 Mayor Reinert remarked that he sees that the council wants to say yes because Mr. Witzel is a long 283 term resident and they respect people’s rights but they have certain responsibilities. 284 285 Council Member Kusterman asked if there is a way to make the CUP less precedent setting. Ms. 286 Larsen said the CUP would be specific to this property but it would stay with the property regardless 287 of the owner. The council could add conditions. 288 289 Council Member Maher remarked that the council has the opportunity to grant a CUP and set 290 parameters that they see as appropriate. The mayor responded that parameters should really be set by 291 ordinance and not special action though. 292 293 The question was asked, what business would meet the requirements of a Level C Home Occupation? 294 Mr. Grochala suggested that location would be key (such as paved roadway). He added that the 295 Level C allows for a certain number of vehicle trips in and out. There is concern that this is 296 introducing a level of activity that doesn’t fit in the location. 297 298 Motion carried on a voice vote. Council Member Maher recorded as voting “no”. 299 6D) Consider 2nd Reading of Ordinance No. 02-17, Sale of Property to American Legion, Lot 300 14, Block 2, Carole’s Estates 2nd Addition – Community Development Director Grochala reviewed the 301 written report. This is second reading of the ordinance authorizing the sale of certain city-owned land to 302 the American Legion. 303 304 Council Member Rafferty asked if there is something in the agreement that indicates a twilight of the 305