Agenda - Council - 12/18/2001 - Laserfiche WebLink

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-34- City Attorney Goodrich replied yes, but inquired as to what the Council would do if Kenko requested to build a permanent structure on the site. If that were to happen then the City would be in a dilemma because of finding #11. Councilmember Kurak noted that the property is in a moratorium so they would not be able to build on the site. City Attorney Goodrich replied that currently that is true, but the moratorium will not be there permanently. Councilmember Hendriksen suggested that they could wait through the moratorium and then officially map the fight of way once more of the studies are completed. City Attorney Goodrich stated that if the Council leading towards denial then they will have to redraft the language in the findings o~' fact. Mayor Gamec suggested findings to approve the permit and density the permit be brought back to the next City Council meeting for consideration. Motion failed. Voting Yes: Councilmembers Kurak and Zimmerman. Voting No: Mayor Gamec, and Councilmembers ~derson, and Hendriksen. Motion by Mayor Ga~edm:S'~cond~g;by~:, Councilmember Hendriksen, to direct staff to draft findings of fact in the affirmative ad~ negative and bring them back to the next City Council meeting for consideration. ::; '~: Motion carried. Voting Y'~}~ Ma~6;'Ga~c, Councilmembers Hendriksen, Anderson, Kurak, and Zimmerman. Voting No:~:Nofie.~ '., }}~'} Mayor Gamec recessed the regular m~hng of the Ci~ Council at 8:48 p.m. Mayor Gamec called the regular meetfng';~:ti~;i~itg::t~'°uncil back to order at 8:54 p.m. Case #5: Consider Use Permit for Mining a.na:iGradirlg:: Case of Lance Van Norman and Gary Jacobs ,:~:~ w:::~:::. ,,; CiW En~neer J~owski stated that the case was reviewed by th~'pl:a~ing Commission at its November meeting. Subsequent to the Pla~ng Co~ission, m'~:~)ng'":::Mr. Ja2owski met on- site with ~e. applicants on -November 1.4,. 2001 to discuss,,~d~g alternatives. ~.' J~owski gave a bfiefhistow of the case. Councilmember Zimmerman inquired if a mining and grading permit was issued for the original pond. City Engineer Jankowski replied that the original pond was created as part of the grading plan for the North Fork subdivision. In regards to the case being discussed the City requested that the conditional use permit be applied for so that the conditions could be subject to the standard process. A public hearing was held in July at the Planning Commission level at which time the Planning Commission requested that comments be received from the Northfork Homeowners Association. On November 5, 2001 the Planning Commission discussed the issue again and at City Council/November 27, 2001 Page 12 of 22 ! I I I I I ! I I i I' I I ! ! I !