2003.08.18 CC Minutes - Laserfiche WebLink

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City Council meeting of August 18, 2003 Page 5 Council meeting. Staff recommended that Council amend the side yard setback requirements and revise it back to twenty feet for accessory buildings only. Miron made motion, Puleo seconded, directing staff to prepare an ordinance to return the side yard setback to 20 feet for all buildings. All aye. Motion Carried. ANNUAL RENEWAL OF AUTO DISMANTLING LICENSE (ARK) At its July 21, 2003 meeting, Council tabled the renewal of the auto dismantling license submitted by Daniel Stewart d/b/a ARK. Council directed staff to investigate two items, including the installation of a fence on the berm surrounding the property. Building Official John Benson and Planning Intern Derrick Jensen returned to the site to investigate whether or not there was an additional business operating, and to request that Mr. Stewart construct, in some timeline, a fence on the berm. Staff has received no indication that there is a second business operating on the site, having indicated this to Mr. Stewart in a letter. Additionally, Mr. Stewart agreed to install fencing in the area as prescribed in his application, which is to the satisfaction of City staff. After initial questions were answered by staff, Council member Haas stated that there are really three topics: 1) license application from Dan Stewart d/b/a ARK; 2) Special Use Permit held by Mr. Horton, owner of the property; and 3) illegal activities regarding public health and safety. Haas stated that the City should contact the Washington County Health Department because the ground might be contaminated. Council members Haas and Granger stated that there is an additional business owned by Mr. Malachesen that is operating on the site. Haas made motion, Miron seconded, to contact Mr. Malachesen and officially notify him to shut down his business immediately even though staff had given him until September 2003 to do so. All aye. Motion Carried. Miron made motion, Petryk seconded, to notify Mr. Horton by certified letter that he is in violation of his Special Use Permit. In accordance with City ordinance, a public hearing is called on September 2, 2003 at 7:00 pm to allow public comment on this issue. All aye. Motion Carried. Miran made motion, Granger seconded, to table renewal of the auto dismantling license submitted by Dan Stewart until the hearing can be held to allow Mr. Horton a public hearing. All aye. Motion Carried. APPROVE PURCHASE OF CAT 143H ROAD GRADER AND ONE -TON PICKUP Public Works Director Chris Petree included a road grader replacement in the revised 2003 Capital Improvements Program, which would include the exchange of the road grader purchased from Washington County for a model that is much more capable and efficient at handling the road grading operations in the City. Chris prepared a detailed explanation, including the justification for this