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City Council Minutes Page 7 <br /> March 21,2016 <br /> ----------------------------- <br /> Mayor Dietz stated five years is too long for this permit given past issues and felt the <br /> permit is a way to delay those issues. <br /> Councilmember Burandt questioned: <br /> 1. The status of all the building code violations <br /> 2. Can the kitchens continue operating without violating code <br /> She reviewed the Planning Commission's discussion and their intent to allow,via the <br /> Interim Use Permit, for the applicant to obtain financing for his project. <br /> Mr. Carlton stated all outstanding issues have been addressed. He stated the kitchens <br /> that exist today meet building code and can stay. He stated the issue is the city's <br /> definition of a hotel He stated city ordinance prohibits cooking facilities in hotel <br /> units, so it meets building code for kitchens but it does not meet city ordinance. <br /> Councilmember Westgaard stated five years is too long given the history of this <br /> owner and property and felt three years would be more appropriate. He stated the <br /> IUP can always be extended if the Council sees progress towards getting this <br /> property rezoned for an apartment complex and the acquisition of the adjoining <br /> parcels. He stated five years is too long and had concerns with life safety issues being <br /> met and following building codes with the type of operation run in this facility. <br /> Councilmember Westgaard stated his recommendation is to direct staff to bring back <br /> a resolution of denial with findings of fact or change the permit to three years. <br /> Mayor Dietz questioned the two items that must be completed with the permit. <br /> Mr. Carlton stated within 12 months the applicant must submit a site plan and land <br /> use application, and within 36 months he would be required to apply for a building <br /> permit to start construction. <br /> Moved by Councilmember Olsen and seconded by Councilmember <br /> Westgaard to direct staff to prepare a resolution for an Interim Use Permit for <br /> 3 years and there be conditions to be met marking progress along the 3 year <br /> timeline. Motion carried 4-0. <br /> 8.1. Assignment and Assumption of Tax Abatement and First Amendment <br /> to Abatement Agreement for Envision 3, LLC dba/Sportech, Inc. <br /> Ms. Othoudt presented the staff report. <br /> Moved by Councilmember Westgaard and seconded by Councilmember <br /> Olsen to adopt Resolution 16-19 the Assignment and Assumption of Tax <br /> Abatement and First Amendment to the Abatement Agreement. Motion <br /> carried 4-0. <br /> UREJ <br />