Minutes - Council - 11/13/1990 - Laserfiche WebLink

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concerns of the Citizens and the City Council. It was stated that the project should be reviewed so the things there is most concern about won't happen. The major concern seemed to be with the odor and on that basis Mayor Reimann suggested giving the project a chance to go through the full cycle of operation and then review it again and have Waste Management apply for another CUP at this time. He assured City Council that Waste Management was comfortable with those options, however, his concern after the meeting is if Ordinance 4/90-5 is applied to this CUP, they have to come in and go through the process of amending the Zoning Ordinance which would involve a public hearing, and also make application for another CUP which would.involve another public hearing. He stated it would be time consuming for all interested parties. He suggested extending the time permit and still after 20 months, a performance review could be set up to hear from Waste Management and also from the citizens. This would determine how well Waste Management is living up to the conditions promised. He offered to answer any questions the Council may have. Mayor Reimann asked for discussion from City Council. Councilmember Peterson stated he was willing to go along with Staff recommendation. Mayor Reimann stated that his concern is with changing the term of the CUP from three weeks ago when the same people are not present that were present at that meeting. City Attorney Goodrich stated that the legal requirements had been fulfilled by having the public hearing and that the Council doesn't legally have to have another public hearing because of the change. Mr. Otto pointed out that what they are exempting Waste Management from (in Option 3) are provisions which would prohibit that particular use from that location and still after 20 months they would have to have a new CUP. They would go through the process and if the performance review is satisfactory, a new CUP would be granted. By taking action now, the City Council is not guaranteeing that this operation would be allowed to continue if the performance review was unsatisfactory. Mayor Reimann asked if Waste Management would have to go through another public hearing. Merland Otto answered yes, after 20 months. City Attorney Goodrich stated they wouldn't have prohibition of that ordinance. Councilmember DeLuca stated except for the four provisions. Mayor Reimann suggested going along with Staff recommendation because Waste Management would still have to come back for a public hearing and address any concerns the citizens or Council may have. Doug Fountain stated Waste Management should be exempt from the conditions of the new ordinance, they should be given a hearing process at the end of the 20 months and that would allow the newly elected Councilmembers a chance to act on their campaign promises. Motion by Councilmember Peterson and seconded by Councilmember Pearson to modify CUP approved October 23, 1990 to exempt the Permit Holder from Ordinance//90-5, Section 6e, ii, vii, ix, x for a period of 54 months from date of issuance of the original CUP and to amend the Findings of Fact #0282 to include reference to the sequence of application and adoption of Ordinance #90-5 (to include #'s 55, 56, 57 and 58). City Council/November 13, 1990 Page 4 of 16