02/18/2014 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 02-18-2014 classification was challenged through the court process. By agreement, there were certain permitted uses that could be located on the site by court order. In lieu of a rezoning, it was arrived at —through judicial decree — so that certain permitted uses could take place on that property notwithstanding the fact that it's zoned a certain way. If there's going to be any further development on this site inconsistent with the zoning classification or the original court decree, then the city would have to go back to court to obtain an amendment to permit further development of that site. Sturgeon asked if the city will have to go back to court for the hotel. Gareau said if they go back to court, it will be by agreement to get this to go forward. If the proposal goes forward, they will go to court to for an amended decree to permit this type of use there. City Council would have to agree and authorize him to do this. Sturgeon said his mother was mailed a letter notifying her that she is a member of NOPEC. She didn't know she was a member. If you don't want to be a member, you must sign their form and send it back to them. They fail to tell you that if you don't send it back, you become a member. If you are a member, you lose the possibility of budgeting your electric costs. He didn't even know he was a member in 2010. He said there are thousands of complaints about the way NOPEC does business. President Jones said this will be looked into and someone will get back to Sturgeon. Copfer said NOPEC is a quasi-government organization where all of the cities voted to become members. With electricity, you have to opt-in and with gas, you have to opt-out — or it may be the other way around. There's a $25 charge for opting-out if you're in the middle of the contract. Sturgeon referenced the Kensington Apartments project, and he would still like to have the fence be constructed. He would like the city to look at the ditch by the property. It was dug out by the county in the 1940's, and it's in extremely poor shape. It will cost between $200,000 and $250,000 to dig that ditch out. That's what it needs. It's a flood area. He is requesting that the city have a plan to take care of this. Mayor Kennedy asked Sturgeon if he knows of any plan the city had in the past. Sturgeon said about 8 years ago, the city sent engineers to survey the ditch at an approximate cost of$10,000. They said at that time that the ditch should be dug out into Fairview Park. The city looked at it last summer as well. Mayor Kennedy said he would look into this. Councilman Barker made a motion to extend Sturgeon's speaking time. The motion was seconded by Councilman Limpert and passed unanimously. Sturgeon speaking time extended 5 minutes 6-0. He talked to a gentleman affiliated with Kensington Apartments who said they are very interested in that piece of land that the city owns in front of their buildings. It used to be the old Pine Tree Beverage that the city bought and leveled. A few years ago, Mayor O'Grady introduced legislation to get that property sold. Now may be a good time to see if the city can sell the property. Mayor Kennedy said he is not aware that the city has been contacted by them regarding this property. Councilman Barker said there is a time constraint that requires the property to be in the city's possession a certain amount of time before it can be sold. Gareau said the city is not interested in owning that lot, and the lot is for sale. No one has approached the city to purchase the property. Councilwoman Williamson made a motion to amend Resolution 2014-3 to include an emergency clause. The motion was made by Councilman Schumann and passed 7