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I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Mr. Goodrich stated that this point could be tested in court and the City <br />oould lose the right to put any oonditions at all on the mining permit. <br /> <br />Commissioners Zimmerman and Deemer feel that it should be reconmended that no <br />fill be transported over public thoroughfares and Chairman Peterson and <br />Om~nissioner Hendriksen are not in favor of recommending this oondition. <br /> <br />Oc~mission consensus is that Oouncil should include in the permit agreement a <br />oondition that would restrict public access to the property. <br /> <br />Con~nission consensus is that ~t should also be included in the agreement that <br />the fact that the City is giving approval to this amount of volt, ne does not <br />lend any indication that the City is allowing any expansion beyond the <br />existing licensed landfill facility located to the north of the subject <br />property. <br /> <br />Request To Subdivide Bv Metes And Bounds: Case Of Mr. Rick Foster. <br /> River,s _Bend Properties: <br /> <br />Mr. Rick Foster was present and requested approval to a metes and bounds <br />subdivision of the northerly 100' of the U.B. property which lies south of the <br />proposed bridge crossing. ~he balance of the property will be platted at a <br />later date. <br /> <br />Motion by Commissioner Zin~nerman and seconded by (bmmissioner Dee~ner to <br />reomTmend sketch plan approval of a four acre parcel south of the proposed <br />bridge right-of-way owned by River's Bend Properties; to approve a temporary <br />metes and bounds subdivision of a one plus acre parcel from that property; <br />that the developer proceed to the preliminary plat process; and that the <br />certificate of occupancy for Food and Fuel is contingent upon oompletion of <br />platting. <br /> <br />Motion carried. Voting Yes: Chairman Peterson, Commissioners }]endriksen, <br />Deemer and Zin~nerman. Voting No: None. Absent: Commissioners LaDue, Kennen <br />and Johnson. <br /> <br />Req_uest To Rezone Pro_pertv From U.B. (Urban Business) TO U.M.B. <br /> (Urban Multiple Business): Case Of Mr. Rick Foster.- River's Be_r~ <br /> ~roper ties: <br /> <br />Molly Comeau - DNR - stated that the subject property is under DNR <br />jurisdiction and the density proposed would not be allowed and explained the <br />formula by which allowable density is determined. <br /> <br />Mr. Rick Foster - Presented a map dated January 8, 1980 and stated that prior <br />to DNR claiming jurisdiction on this property owned by River's Bend <br />Properties, 65 acres of property was given to the City, County and State with <br />the stipulation that when the time came, River's Bend Properties would be <br />granted certain variances. I~en River's Bend }]ousing Development was approved <br />the developer down zoned it by proposing 3 units per acre rather than the 15 <br />units per acre it was zone as. ~he developer has made a tactical error; we <br />should have kept the land, developed it the way we wanted to and then give <br />some of the property away. N~w, with the property we have left and the DNR <br />restrictions, we can only develop 10% of that 206 acres we started with. <br /> <br />Page 8 of 10 <br /> <br /> <br />