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Mr. James Gilbertson, Mayor Page 2 April 19, 1991 In review of the comment by Mr. Otto that the City of Anoka has met with Mr. Rychner and asked him to leave, the comment ,,~any have been misstated. Mr. Otto did speak with Ms. Melinda Coleman two times and each time she stated that the City of Anoka is working with the property owner to have Mr. Rychner vacate the property in Anoka. Also, Ms. Sylvia Frolik recently received a call from Ms. Coleman inquiring how the CUP process with Mr. Rychner was proceeding. She also stated that the residents in Anoka were anxious to have Mr. Rychner vacate the site in Anoka and if it did not happen shortly, they would contact the Attorney General. It should also be noted that the comment regarding Anoka's position was not placed in the findings of fact by Mr. Otto. Rather; it was added as item 14a by the Planning & Zoning Commission following a discussion of the current business being operated for eleven years on undeveloped land in the City of Anoka. At that point, rather than holding back information, Mr. Otto stated that he understood that the City has met with Mr. Rychner and has asked him to vacate the premises. In review of CUP's, it is a common practice to check references of future industrial operations and inform the Councils and Co]mmissions of information and comments received. With respect to Mr. Rychner's allegation that Mr. Otto exceeded his authority and was campaigning with Messrs. Goodrich and Hutchinson for five hours, Mr. Otto had earlier responded to Ms. Ashley's query that these were simply phone calls made and listed on his time sheet as points of reference. The bulk of the work within the five hours in questions were in development and revisions to findings and CUP terms. While I feel that our staff has acted in a professional manner and provided accurate reports and findings concerning this case, we understand the problems in collecting fees after a CUP has been ~enied. Therefore, as discussed with yourself and Ms. Sandra Ashley, we would agree to split the consulting fees which have not been paid by Mr. Rychner. To alleviate problems of this nature in the future, we would recommend that estimates and purchase orders be prepared prior to the start of a project or review. Also, the landowner or applicant should be given a copy of the purchase order and required to post an escrow to cover the estimated costs. The Zoning Administrator is authorized by City ordinance to require the higher escrow amount.