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Minutes of the Meeting of June 24, 1999 Page 19 Mr. Johnson noted the wording of the Highway 65 Overlay District and stated he could find nothing indicating that it became effective when a parcel of land was divided from an existing parcel. The City Manager restated that this issue does not involve the Highway 65 Overlay District, but to require the property to be partly brought up to Code. Mr. Johnson reviewed his participation in the Wyatt project where they were not required to bring the buildings up to Code. The Community Development Director stated this does not bring the entire project up to Code either but does cause a minimal effort to bring the property up to some semblance of balance. Councilmember Swanson stated this was a policy issue that had been applied to other properties. He stated if the Council wanted to change the policy, they should do that and if the applicant wished, he could reapply after that policy change. Councilmember Clark stated his support to change that policy and noted that the applicant may wish to postpone his request. Mayor Ryan noted the money that had been spent to upgrade Highway 65 and agreed that these issues were difficult and sometimes result in the loss of a business. Councilmember Rose stated that what the City was trying to accomplish was a compromise to bring a long- term business into partial compliance. She stated residents have firmly indicated they support these standards. She stated that while this would not meet the full standards, it would result in an improvement. Councilmember Clark stated the debate was what triggered the requirement for Code compliance and he ailed to see that a lot split should be that trigger. Vote on the amendment: AYES: Councilmembers Clark and Kolb NAYS: Councilmembers Daniels, Rose, Swanson, and Mayor Ryan The amendment failed. Mr. Johnson stated he addressed Condition 10 with staff to provide on -site storm water ponding. He stated his understanding that would be addressed through the Lot 1 site plan submittal. The City Engineer stated the design of the pond would ultimately occur when site plans were submitted for the newly created parcel. The Community Development Director stated the interpretation was not that it would be shown on the plat but to recognize that as it was developed, there would need to be on -site ponding. Mr. Johnson stated with that understanding it was acceptable. The vote on the motion under Action 99 -335 was: AYES: Councilmembers Daniels, Rose, Swanson, and Mayor Ryan. NAYS: Councilmembers Clark and Kolb Motion adopted.