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I <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I$ <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Holland, <br />Hendriksen, LaDue, and Terry. Voting No: None. Absent: Commissioner Thomd. <br /> <br />Motion by Commissioner Holland and seconded by Commissioner Deemer to amend the second <br />WHEREAS t0 read "WHEREAS, the Planning and Zoning Commission met on June 1, 1993 and <br />June 7, 1993,Conducted the public hearing..." <br /> <br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Holland, Deemer, <br />Hendriksen, LaDue, and Terry. Voting No: None. Absent: Commissioner Thomd. <br /> <br />The consens~ of the Planning and Zoning Commission was that terms #1 through #21 would <br />remain as preSented. <br /> <br />Motion by Commissioner Deemer and seconded by Commissioner Holland to amend the last <br />sentence und~ term #c22 to read "In the event the Permit Holder fails to comply with the terms of <br />this CUP, the ~2ity may, upon 30 days' written notice to the Permit Holder, enter into the property <br />and perform ." <br /> <br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Holland, <br />Hendriksen, I~aDue, and Terry. Voting No: None. Absent: Commissioner Thorud. <br /> <br />The consensus of the Planning and Zoning Commission was that terms #23 through #29 would <br />remain as presented. <br /> <br />Commissioner Hendriksen referred to the last sentence under term #30 concerning costs incurred <br />in administerhag and enforcing this CUP, and he inquired into what costs have been passed along <br />to Mr. Karst. <br /> <br />Mr. Schroeder advised that the City does bill for time spent on any projects, including CUPs, with <br />the exception!of the police department and the City Administrator's time. He stated that the City <br />bills the escrogv account, and ff that is insufficient, they bill and receive payment from the involved <br />party. Mr. Sehroeder added that the City is current with Mr. Karst, and he does pay his bills. <br /> <br />Commissioner Hendriksen inquired whether Mr. Karst had an escrow account, and Mr. Karst <br />stated that he itid. <br /> <br />Commission~ Hendriksen inquired about what happens after the escrow account is closed, and <br />Mr. Schroed~ explained the escrow system. <br /> <br />Motion by C~mmissioner Holland and seconded by Commissioner Hendriksen to recommend that <br />City Council ~adopt the proposed resolution, as amended, approving the request for a conditional <br />use permit from Danny's Tranny's, Inc. based on the findings of fact. <br /> <br />Further Discussion: Commissioner Hendriksen stated he would like to see stronger language, <br />perhaps requ~ng a depostt into escrow, because he feels that Mr. Karst doesnt want to comply <br />with his CUPi Commissioner Bawden noted that Mr. Schroeder stated billing was not a problem. <br /> <br />Amendment I~y Commissioner Hendriksen and seconded by Commissioner Deemer that Mr. Karst <br />be required t¢ make a deposit of $3,000 into escrow with the City until there has been one year <br />without significant charge to that account. <br /> <br />Planning & Zoning Commission/June 7, 1993 <br /> Page 3 of 5 <br /> <br /> <br />