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Agenda - Council - 03/26/1991
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Agenda - Council - 03/26/1991
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
03/26/1991
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2) Comparison tO a similar business <br /> <br />Mr. Rychner informed staff that Danny's Aluminum Processing, Inc. accepts scrap metals <br />from the general public for purpose of recycling. Due to this, he too should have been <br />subject to Ordinance ~90-5 at the time Danny's applied for the CUP amendment in the fall <br />of 1990. Sylvia Frolik, Zoning Administrator, ascertained that Mr. Karst is offering the <br />recycling service to the general public. Mrs. Frolik subsequently informed Mr. Karst that to <br />continue to do so would constitute a violation of his CUP, and this activity must stop <br />immediately or he should apply for a CUP amendment to address this portion of his <br />operation. Mr. Karst stated that he would cease offering this service to the general public. <br /> <br />3) Time charged for research and interpretation <br /> <br />Total charges to this CUP (14280 Sunfish Lake Blvd) escrow account (Finance #804304) <br /> <br />Hakanson Anderson Associates, Inc. <br />Merland Otto 57.25 Hours @$65.00/Hour <br />Secretary Support 5.25 Hours @$33.18/Hour <br /> HAAI Charges to account <br /> <br />$3,721.25 <br /> 174.17 <br /> $3,895.42 <br /> <br />Public Hearing Publication Costs <br /> <br />14.22 <br /> <br />Randall, Dehn & Goodrich (5.1 Hours @ 100.00/Hour <br /> C.U.P. Escrow Account Total Charges <br /> <br />510.00 <br /> <br />$4,419.64 <br /> <br />Mr. Rychner has made payments of ..................... <br /> <br />($1,445.92) <br /> <br />An account balance remains of ............................... <br /> <br />$2,973.72 <br /> <br />Upon receipt of Mr. Rychner's letter, I asked Mr. Otto to review their file for the purpose <br />of determining how much time was spent on research or interpretation of the City's <br />Ordinance #90-5. Mr. Otto has reviewed their f'fle and issued a letter in this regard; a copy <br />of this letter is attached. Mr. Otto has stated: "If we liberally interpret our reaction to City <br />direction or queries, there may be 10.5 hours of my time and .25 hours of Mary LeComte's <br />time (also some of Bill Goodrich's time) which responded to either Planning and Zoning or <br />administrative decisions." Based on Hakanson Anderson Associates, Inc. rates, these <br />hours would have been billable to this account in the amount of $691.00. Of the legal costs <br />incurred, 2 hours are referenced definitions and opinion; this legal cost is $200.00 The total <br />charges directly applicable to research and interpretation are $891.00 <br /> <br />While it is likely that the hours detailed in the above paragraph provided reference for the <br />future and as a result, may not be incurred on a future similar application, the remaining <br />charges resulted from the CUP process. Mr. Otto's letter also states "I would like to point <br />out that this particular CUP application was not well defined or organized...At the public <br />hearing and subsequent case discussion, the Applicant revised or changed his position as to <br />what the operation would entail. This necessitated changes to the findings and to the CUP. <br />In follow-up discussions, additional variations would be made by the Applicant, again <br />necessitating revisions. In short, the City's position was that of reacting to a fluid <br />application." <br /> <br /> <br />
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