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A roll call vote was performed by the Recording Secretary. <br /> <br />Councilmember Beahen aye <br />Councilmember Beyer nay <br />Councilmember Peterson aye <br />Councilmember Zimmerman aye <br />Mayor Hardin aye <br /> <br />Motion carried. <br /> <br />Case g7: Review Conditional Use Permit for Compliance; Case of Patrick <br /> McLafferty <br /> <br />Zoning Administrator Frolik explained that on May 28, 1996, the Council granted a conditional use <br />permit (CUP) to Patrick McLafferty to operate a foster home for up to eight youth in the single <br />family district. That CUP required City staff to report back to Council after six months on the <br />status of Mr. McLafferty's compliance with the terms of the permit. He is in compliance with the <br />first four items. The fifth item required licensing reports and Ms. Frolik has been informed that <br />this would be in violation of the data privacy act; She presented a letter from the Volunteers of <br />America stating that Mr. McLafferty renewed his license and passed his inspection. She suggested <br />Council may wish to consider this item to say this same letter should be received each year from <br />Mr. McLafferty's sponsoring agency. Items g6 and 7 he is in compliance with. Number eight <br />deals with police reports. There were five incident reports - three were generated by Mr. <br />McLafferty (he has to report runaways and altercations between boys) and two were generated by <br />neighbors. Ms. Frolik stated that Mr. McLaffeny has refused to sign the CUP and she presumes <br />it's because he takes exception to the charges. <br /> <br />Councilmember Peterson asked Attorney Goodrich if Mr. McLafferty has met the conditions of the <br />CUP or if this makes it null and void. <br /> <br />Attorney Goodrich replied that signing the CUP is not essential for it to be effective under the State <br />Statutes. The City would have a difficult time revoking his CUP because of him not signing it. <br />With regard to the fee, he would recommend the City either assess it to the property or take it to a <br />conciliation court. <br /> <br />Patrick McLafferty stated he will not sign this CUP because of items gl0 and gl 1. He felt gl0 <br />gives the City cane blanche to charge him for everything. He stated he maybe would not have a <br />problem with that under normal conditions, but Ms. Frolik called a meeting which was canceled <br />and she charged $45 for that plus $45 for the next meeting. Mr. Goodrich charged legal fees after <br />the State of Minnesota already declared all this illegal. Mr. McLafferty stated that gl 1 says that the <br />City Adminisu'ator can come to his house at any time. He asked if the City can do that to anyone <br />else who has more than six children in the house or is it just him. He did not want to pay the City <br />to come up with reasons to deny him the right to have foster children. He stated he has not paid <br />this added amount and he will not do so. He added that he is ready to go to court if that's what the <br />City wants. <br /> <br />Mayor Hardin asked if staff and the City Attorney could review this information and come back <br />with a recommendation for the fees and conditions raised. <br /> <br />Motion by Councilmember Beyer and seconded by Councilmember Zimmerman to direct staff to <br />develop an action plan to amend McLafferty's CUP to require an annual report from the Volunteers <br />of America regarding McLafferty's licensing status and for collecting funds due the City for <br />processing the application in 1995, and continued collection of costs incurred in administering the <br />permit - including the option of conciliation court. <br /> <br />City Council/December 10, 1996 <br /> Page 17 of 25 <br /> <br /> <br />