04-10-2017 Council Meeting Minutes

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