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necessity in providing a $1000 cash deposit; being shut down for 3 days has <br />already cost him $3000; that he truly believes he doesn't need a conditional <br />use permit but testing that will cost everybody money. <br /> <br />Mr. Goodrich stated that the Constitution does recognize non-conforming uses. <br /> <br />Council unanimously agreed to waive the reading of the resolution. <br /> <br />Motion by Mayor Heitman and seconded by Councilm~mber Sorteberg that based on <br />the fact that it is in the City's best interest to support it's cwn ordinances <br />and Mr. Holm is willing to cooperate with something that he is not legally <br />compelled to do in his opinion, to adopt Resolution #85-141 granting a <br />temporary conditional use permit for grading and excavation to Mr. Norm Holm <br />contingent upon Mr. Holm entering into a development agreement with the City. <br />Further, that the development agreement will limit activity to a minimum of <br />200' frcm the property line rather than require screening, will require the <br />developer to post a $7500 bond, and a $1000 cash deposit for administering <br />costs will not be required. (Please refer to resolution file for Resolution <br />#85-141). <br /> <br />Further Discussion: Mr. Bud Sauter was present and inquired if Mr. Holm was <br />being required to place a $1,000 cash deposit with the City. Mayor Heitman <br />stated that the motion was to not require a $1,000 deposit. Mr. Sauter stated <br />that he has been grading and excavating since the 1950 's and he was not <br />grandfathered in; the landfill is an established pit operation and the <br />operators of it were denied a conditional use permit. Mayor Hei~an replied <br />that Waste Management was denied because of County and Metro Council <br />moratorium; Council will entertain Waste Management's request again when the <br />moratorium is lifted. <br /> <br />Motion failed. Voting Yes: Mayor Heitman and Councilm~ber Sorteberg. Voting <br />No: Councilm~bers Schlueter, COx and Reimann. <br /> <br />Motion by Councilmember COx to grant a temporary conditional use permit to Mr. <br />Norm Holm provided he enter into a development agreement and provide the City <br />with a $1000 cash deposit for administering costs associated with the permit. <br /> <br />Further Discussion: Mr. Art Raudio was present and stated in the case of <br />River's Bend, it was agreed that the developer will be billed for <br />administration costs incurred by the permit. <br /> <br />Councilmember Cox withdrew his motion. <br /> <br />Motion by Councilm~mber Reimann and seconded by Councilmember Cox to adopt <br />Resolution #85-141 to grant a temporary conditional use permit to Mr. Norm Holm <br />for grading and excavation contingent upon Mr. Norm Holm entering into a <br />development agre~uent with the City. Further, that the development agreement <br />will limit activity to a minimun of 200' from the property line rather than <br />require screening, will require the applicant to post a $7500 bond, and will <br />require the applicant to accept responsibility for all costs incurred by the <br />City in administerin9 the permit. (Please refer to resolution file for <br />Resolution #85-141). <br /> <br />August 13, 1985 <br /> <br />Page 20 of 22 <br /> <br /> <br />