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City Council Regular Meeting Minutes August 23, 2005 Page 11 1 2 E. Consider Resolution 05-067, re: Variance for parking Amcon St. AnthonL. 3 Motion by Councilmember Gray, seconded by Councilmember Horst, to adopt Resolution 05- 4 067, re: Approving a variance for parking for the development located at 2900 Kenzie Terrace. 5 6 Discussion: 7 Councilmember Horst pointed out was unanimously approved at the Planning Commission. He 8 said he doesn't know any reason to go against this particular resolution. 9 10 Ayes—3, Nays—2 (Stille and Mayor Faust). Motion carried. 11 12 13 F. Consider Resolution 05-068, re: Conditional Use Permit for restaurant within 250 feet of 14 residential property at 2900 Kenzie Terrace/Highway 88. 15 Councilmember Stille asked for the attorney's thoughts on this issue. 16 17 Mr. Gilligan said he would check the statutes for the 60-day rule. He noted the 60 days expire 18 September 7. 19 20 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 21 068, re: Approving a conditional use permit to allow a restaurant within 250 feet of a residential 22 property for the development located at 2714 Highway 88. 23 24 Discussion 25 Councilmember Stille said there is a Developer's Agreement that has been approved. Since that 26 is the case, he said he believes the Council should move forward with the Conditional Use 27 Permit. It is difficult to regulate who goes into this. 28 29 Councilmember Horst noted the Conditional Use Permit was argued a long time at the Planning 30 Commission. They did make sure a lot of the conditions the City wanted to see were met. He 31 said he thinks it is the right thing to move forward. 32 33 Mayor Faust said he will vote more as a protest. He said the applicants should take that vote as a 34 lack of overwhelming confidence. The burden is on the developer to see this through. 35 36 Ayes—4, Nays— 1 (Mayor Faust). Motion carried. 37 38 B. Resolution 05-070• Re: Approve the feasibility report for 2006 street improvements 39 Mr. Hubmer reviewed the streets to be improved. He noted storm water improvements are 40 proposed. The proposed project costs for 2006 street reconstruction are $1,132,000. The City 41 assessment roll is that 35%would be assessed to the property owners. Sanitary improvements 42 are assessed for$96,000, which would be a city expenditure. Total assessments will be 43 approximately$1.7 million for a total project cost. He went over the anticipated project 44 schedule. He said they anticipate holding a neighborhood meeting in September 2005 and 45 receiving feedback. In October, he said they anticipate bringing plans back to the Council. The 46 bids will be received in December, and brought to the Council for approval in January of 2006. 47 Construction will begin in May of 2006. Some final project work may be done in June 2007.