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Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Holland, <br />Hcndrikscn, La.Duc, and Terry, Voting No: None. Absent: Commissioner Thorud. <br /> <br />Motion by Commissioner Holland and seconded by Commissioner Dccmcr to amend thc second <br />WHEREAS to read "WHEREAS, the Planning and Zoning Commission met on June 1, 1993 and <br />June 7, 1993, conducted the public hearing.. <br /> <br />Motion carried. Voting Yes: Chairperson Bawdcn, Commissioners Holland, Deemer, <br />Hcndriksen, LaDue, and Terry. Voting No: None. Absent: Commissioner Thom& <br /> <br />The consensus of the Planning and Zoning Commission was that terms #1 through//21 would <br />remain as presented. <br /> <br />Motion by Commissioner Deemer and seconded by Commissioner Holland to amend the last <br />sentence under term #22 to read "In the event the Per'rn/t Holder fails to comply with the terms of <br />this CUP, the City may, upon 30 days' wr/ncn notice to the Permit Holder, enter into thc property <br />and perform..." <br /> <br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Holland, <br />Hendriksen, LaDue, and Terry. Voting No: None. Absent: Commissioner Thorud. <br /> <br />The consensus of the Planning and Zoning Comnfission was that terms #23 through #29 would <br />remain as presented. <br /> <br />Comm/ssioner Hcndriksen referred to the last sentence under term #30 concerning costs incurred <br />in _~dministering and enforcing this CUP, and he inquired into what costs have been passed along <br />to Mr. Karst. <br /> <br />Mr. Schroeder adv/sed that the City does bill for t/me spent on any projects, includ/ng CUPs, with <br />the exception of the police department and the City Administrator's time. He stated that the City <br />bills the escrow account, and ff that is insufficient, they bill and receive payment from the involved <br />parry. Mr. Schroeder added that the City is current w/th Mr. Karst, and he does pay his bills. <br /> <br />Commissioner Hendriksen inquired whether lvlr. Karst had an escrow account, and Idr. Karst <br />stated that he did <br /> <br />Commissioner Hendriksen inquired about what happens after the escrow account is closed, and <br />Ivir. Schroeder explained the escrow system. <br /> <br />Motion by Commissioner Holland and seconded by Commissioner Hendriksen to recommend that <br />City Council adopt the proposed resolution, as mended, approving the request for a conditional <br />use perm_it from Danny's Tranny's, Inc. based on the findings of fact. <br /> <br />Further Discussion: Commissioner Hendriksen stated he would tike to sec stronger language, <br />perhaps requiring a deposit into escrow, because he feels that/v[r. Karst doesn't want to comply <br />with his CUP. Commissioner Bawden noted that/vtr. Schroeder stated billing was not a problem <br /> <br />Amendment by Cornraissioner Hendriksen and seconded by Commissioner Deemer that/Mr. Karst <br />be required to make a deposit of $3,000 into escrow with the City until there has been one year <br />without significant charge to that account. <br /> <br />Planning & Zoning Commission/June 7, 1993 <br /> Page 3 of 5 <br /> <br /> <br />