4.1. DRAFT MINUTES 02-04-2013 - Laserfiche WebLink

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City Council Minutes Page 6 January 22,2013 Steve Rohlf,representing Cornerstone Auto—Stated he would like to record the plat but has two issues with it: 1. Fees owed to the city are around$80,000 and he would like to implement a payment schedule. 2. Can the building permit for the oil express be issued,but not allowed to open,until the plat is recorded. Mayor Dietz closed the public hearing. Council questioned if it is legal for the city to work out a payment plan,the type of plan that would be allowed,and what enforcement mechanism would be in place. Attorney Beck stated it is unprecedented to have a payment plan and he is not sure how to enforce it because leverage would be lost once the plat is recorded and construction completed. He stated it may be possible to draw up a note. He stated he isn't prepared to provide an answer tonight because he would need to research the request,but most likely the city would have to enact a lawsuit in order to enforce a note if it went default. Councilmember Motin questioned if a condition could be added to the conditional use permit stating fees must be paid and failure to make payment is a breach of the permit, which would be cause for revocation. Attorney Beck stated it would be easier for the city to sue over a note then it is to revoke a conditional use permit. Mr. Rohlf asked if his property could be assessed and further asked Council to review payment options. He stated he would be open to the note option. Attorney Beck stated he doesn't believe the law would allow this type of a payment plan to be assessed against property. Councilmember Motin stated this plat has been unrecorded since 2006 and he would like to see it recorded. He stated requiring the $80,000 fee be paid at once when the applicant is doing a$15,000 improvement would be difficult to pay.He suggested spreading the payment out over four or five years.He stated he'd like to tie payment to a note and a condition to the conditional use permit specifically stating it is agreed to by the applicant that non- payment is a reason for revocation of the permit. He further stated he would like a deadline for the fees to be paid in full before the applicant could start on the expansion already approved by Council in November. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER BURANDT TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 13-01 AS ILLUSTRATED ON THE FLOOR PLAN DRAWING DATED NOVEMBER 26,2012, IN THE STAFF REPORT,WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE