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• • • COUNCIL MINUTES June 27, 2011 P 2 3 DRAFT 90 6B. Public Hearing and Consideration of First Reading of Ordinance No. 12 -11, Approving the 91 Vacation of a Playground Easement for the YMCA at 7690 Village Drive — Planner Bengtson 92 explained that the YMCA is requesting vacation of an easement originally intended to be constructed 93 as playground space to serve the Legacy project. Since that use can be included elsewhere in future 94 Legacy development and the YMCA is suffering due to lack of parking, staff is recommending this 95 vacation that would allow for a parking area expansion. The parking lot project is currently under 96 review by staff. 97 98 Mayor Reinert opened the public hearing. There being no one present wishing to speak the public 99 hearing was closed. 100 101 Council Member O'Donnell moved to approve the first reading of Ordinance No. 12 -11 as presented. 102 Council Member Roeser seconded the motion. Motion carried on a voice vote; Council Member 103 Gallup absent. 104 105 6C. Zoning Amendment — Temporary Batch Plants 106 i. 2' Reading of Ordinance No. 13 -11 Amending the Zoning Ordinance to include temporary 107 batch plants and similar uses as an interim use within certain zoning districts — Planner 108 Bengtson recalled that Arnt Construction has requested that the city allow their proposed batch plant 109 as an interim use at 2209 Phelps Road. The batch plant would serve the I35E road construction 110 project. Staff has developed and the council has approved first reading of an ordinance that adds 111 temporary batch plants as an interim use within certain zoning districts and establishes conditions and 112 requirements. The Planning and Zoning Board has approved the ordinance. 113 114 Council Member Rafferty moved to waive full reading of the ordinance. Council Roeser seconded 115 the motion. Motion carried on a voice vote; Council Member Gallup absent. 116 117 Council Member O'Donnell moved to approve second reading and adoption of Ordinance No. 13 -11 118 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas; 4; Nays none; 119 Absent — Gallup. 120 121 ii. Resolution No. 11 -64, authorizing summary publication of Ordinance No. 13 -11. 122 123 Council Member Roeser moved to approve Resolution No. 11 -64 as presented. Council Member 124 Roeser seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 125 126 6D. Interim Use Permit for Temporary Batch Plant 127 i. Resolution No. 11 -60, Approving Interim Use Permit for Arnt Construction; and ii. 128 Resolution No. 11 -68, Authorizing execution of a Site Performance Agreement with Arnt 129 Construction - Planner Bengtson explained that Arnt Construction has requested that they be 130 allowed to operate a temporary batch plant in conjunction with the I35E construction project. An 131 interim use permit is requested that would allow that function. Staff has reviewed the application for 132 a permit and is reporting on how it meets the general standards. A perfoimance agreement is included 133 in the requirements. Based on the request of the applicants and on discussion at the council work 134 session, staff is proposing that the performance agreement be amended to change the hours of