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P19 CITY COUNCIL WORK SESSION June 27, 2011 DRAFT 45 recommended approval of the permit as well, based on the conditions of approval 46 included in the resolution. 47 48 Nick Arnt, Arnt Construction, and a representative of PCI Construction, were present. 49 50 Planner Bengtson noted that a performance agreement would be a part of the permit. The 51 operators do have concern about some elements of the agreement. The hours of operation 52 included in the agreement are standard construction hour language but the operators are 53 requesting permission to operate from 5:00 a.m. to 8:00 p.m. Based on the location of the 54 facility, staff is comfortable with that change. The operators also have an issue with the 55 letter of credit required in the agreement. Staff feels that the city does need to have 56 access to funds that would pay for damage repair and that letter would provide such. 57 58 The PCI representative noted that the $500,000 letter of credit is too high for his business 59 to leverage and unnecessary since the work will be under MnDOT road supervision 60 anyway. 61 62 Community Development Director Grochala remarked that staff would have to speak 63 with MnDOT to ensure that the city is covered. The mayor suggested that staff prepare 64 language that will cover the city and allow the permit to move forward at the council 65 meeting. 66 67 Item 6F) On- Street Parking Ordinance — Community Development Director Grochala 68 noted that there was some local newspaper coverage on this change after the first reading. 69 There hasn't been any negative feedback. 70 71 2. 7301 Apollo Ct. (Open Mike 6 -13) — Community Development Director 72 Grochala noted that staff is responding to a concern raised by a business operator (renter) 73 regarding an outside storage violation as well as a building code violation. Staff has 74 reviewed the situation and reports that the business (site) would not qualify for an 75 exception to the regulations they are violating. Further a change to the requirements to 76 allow the uses would have difficult repercussions since it would impact other properties. 77 The individual and his attorney that raised the concern are not available to meet with the 78 council until July 25 but since there are outstanding violations, staff is seeking council 79 direction. 80 81 The council concurred that they will discuss the matter at the next work session and they 82 would like the business owner to be informed that they are working on the matter. 83 84 3. American Legion/Fire Department Parking Update — Community 85 Development Director Grochala noted that he is reporting back on discussion with the 86 Fire Chief regarding the parking requests of their neighbor the American Legion. The 87 council directed staff to discuss the possibility of a lease of parking at the fire station lot. 88 Chief Streich has indicated that the Legion is already using 22 spaces with the fire 89 department's permission; a problem has arisen when they use spaces past those that are 2