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Agenda - Council - 04/09/1991
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Agenda - Council - 04/09/1991
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
04/09/1991
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and this activity must stop immediately or he should apply for a CUP amendment to address this portion <br />of his operation. Mr. Karst stated that he would cease offering this service to the general public. <br /> <br />3) Time charged for research and inte .rpretation <br /> <br />Total charges to this CUP (14280 Sunfish Lake Blvd) escrow account (Finance #804304) are: <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 />$4,419.64 <br /> <br />Mr. Rychner has made payments of ..................... <br /> <br />An account balance remains of ............................... <br /> <br />($1.445.923 <br />$2,973.72 <br /> <br />Upon receipt of Mr. Rychner's letter, I asked Mr. Otto to review their file for the purpose of determining <br />how much time was spent on research or interpretation of the City's Ordinance #90-5. Mr. Otto has <br />reviewed their file and issued a letter in this regard; a copy of this letter is attached. Mr. Otto has stated: <br />"If we liberally interpret our reaction to City direction or queries, there may be 10.5 hours of my time and <br />.25 hours of Mary LeComte's time (also some of Bill Goodrich's time) which responded to either <br />Planning and Zoning or administrative decisions". Based on Hakanson Anderson Associates, Inc. rates, <br />these hours would have been billable to this account in the amount of $691.00. Of the legal costs <br />incurred, two hours are referenced definitions and opinion; this legal cost is $200.00 The total charges <br />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 future and as a <br />result, may not be incurred on a future similar application, the remaining charges resulted from the CUP <br />process. Mr. Otto's letter also states "I would like to point out that this particular CLIP application was not <br />well defined nor organized...At the public hearing and subsequent case discussion, the Applicant revised <br />or changed his position as to what the operation would entail. This necessitated changes to the £mdings <br />and to the CLIP. 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 application." <br /> <br />Recommendation: <br /> <br />Staff recommends Escrow Account #804304 be credited in the amount of Eight Hundred Ninety-One and <br />No/100 Dollars ($891.00) for research on Ordinance ~u)0-5. This will leave a balance due from Mr. <br />Rychner of Two Thousand Eighty-Two and 72/100 Dollars ($2,082.72). <br /> <br />Council Action: <br /> <br />Motion to approve/not approve crediting Escrow Account #804304 in the amount of $891.00 with such <br />charges then applied to City expense legal and consulting service cost. <br /> <br />Review Checklist: <br /> <br />City Attorney <br />City Engineer <br />Consul ting Engineer <br />Zoning Administrator <br />Finance Officer <br /> <br />CC: 04/09/91 <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 /> <br />
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