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City Council Regular Meeting Minutes May 23, 2006 Page 9 1 B. Motion by Councilmember Horst, Second Councilmember Gray, to approve Ordinance 2 06-004; Single Sort Recycling (first reading) 3 4 Mayor Faust clarified the motion is to change Ordinance wording to bi-weekly. He indicated his 5 concerned that if the Ordinance does not specify glass would be picked up; haulers would not 6 continue to recycle it. Another issue to consider is that haulers be required to provide both a 64 7 and 35 -gallon container due to storage space issues. 8 9 Councilmember Thuesen requested a point of clarification. He asked Mayor Faust if he meant to 10 disallow the 96 -gallon container. 11 12 Mayor restated the option to have a 35 -gallon container be available to residents who request it. 13 14 Councilmember Horst is amenable to the addition to his motion. 15 16 Councilmember Stille, suggested an educational component for residents to explain what the 17 Ordinance says and how to stay in compliance with the Ordinance. 18 19 Mayor Faust instructed Staff to return to the City Council with a modified Ordinance. 20 21 _Motion carried unanimously. 22 23 C. ,Resolution 06-063; Relating to Amcon St. Anthony, LC approving a certificate of 24 Completion, acknowledging liquidated damages and approving a deed. 25 26 City Attorney Jay Lindgren reported on the follow up action to the discussion and action where 27 Amcon St. Anthony, LLC and the Village Pub property under the development agreement dating 28 back to 2003 and amended with a requirement that Amcon St. Anthony LLC receive the 29 Certificate of Occupancy by June 1, 2006. 30 31 City Attorney Lindgren stated the City Council was notified the deadline would not be met. 32 Based on City Council recommendation, the Certificate of Occupancy would be supplied by July 33 5, 2006 or the title of property would revert back to the City and a $1000 per day liquidated 34 damages would apply. The matter would come back before the City Council with the option to 35 chose to take the property back or accept the liquidated damages. 36 37 City Attorney Lindgren informed the Council a Certificate of Occupancy was received by 38 Amcon on July 7, 20006. The City also received $2000 in liquidated damages. The resolution 39 accepts the $2000 in liquidated damages and takes the necessary steps to end the City's 40 reversionary interest in the property, which is done by granting a Certificate of Completion and a 41 delivery of deed indicating the property could be in the position of Amcon. 42 43 Mayor Faust stated this would end the process and move the City Council forward by adopting 44 the resolution. He stated the Council had the option to approve, deny or table the resolution. 45