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City Council Minutes <br />March 21, 2016 <br />Page 7 <br />Mayor Dietz stated five gears is too long for this permit given past issues, and felt the <br />permit is away to delay those issues. <br />("ounciltnernber 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 Plamu'liv Commission's discussion and their intent to allow, via the <br />Interim [_Tse 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 ui-i hotel <br />units, so it trieets building code for kitchens but it does not triect city ordinance. <br />Counciltnember Westgaard stated five years is too long91. Ven the history of this <br />owner and property and felt three years would be more appropriate. He stated the <br />I LTP 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, lie 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 DiCt7 questioned the two items that must be completed with the pert -nit. <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 Councitmember <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 />P I F R E a 6t1 <br />N'A T U I RE1, <br />