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I I I I I I I I I I I i I I I I I I I neoessity in lxo~iding a $1000 cash deposit; being shut down for 3 days has already oost him $3000; that he truly believes he doe~'t need a oonditional use permit but testing that will cost everybody ~oney. Mr. Goodrich stated that the Gonstitution does recognize non-conforming uses. Oouncil unanimously agreed to waive the reading of the resolution. Motion by Mayor Hei~an and seconded by Councilm~nber Sorteberg that based on the fact that it is in the City's best interest to support it's Mn ordinances and Mr. Holm is willing to cooperate with s~mething that he is not legally oompelled to do in his opinion, to adopt Resolution ~85-141 granting a temporary conditional use permit for grading and excavation to Mr. Norm Holm contingent upon Mr. Holm entering into a development agreement with the City. Further, that the development agreement will limit activity to a minimun of 200' fr~n the property line rather than require screening, will require the developer to post a $7500 bond, and a $1000 cash deposit for administering costs will not be required. (Please refer to resolution file for Resolution ~85-141). Further Discussion: Mr. Bud Sauter was present and inquired if Mr. Holm was being required to place a $1,000 cash deposit with the City. Mayor Heitman stated that the motion was to not require a $1,000 deposit. Mr. Sauter stated that he has been grading and excavating since the 1950 's and he was not grandfathered in; the landfill is an established pit operation and the operators of it were denied a conditional use permit. Mayor Hei~an replied that Waste Management was denied because of Gounty and Metro Gouncil moratorim; Council will entertain Waste Management's request again when the moratoriu~ is lifted. Motion failed. Voting Yes: Mayor Heitman and Councilm~nber Sorteberg. Voting No: Councilm~bers Schlueter, Gox and Reimann. Motion by Councilmember COx to grant a temporary conditional use permit to Mr. Norm Holm provided he enter into a develolm~ent agreement and prcwide the City with a $1000 cash deposit for administering costs associated with the permit. Further Discussion: Mr. Art Raudio was present and stated in the case of River's Bend, it was agreed that the developer will be billed for administration costs incurred by the permit. Councilmenber Gox withdre~ his motion. Fmtion by Councilmaaber Reimann and seconded by Councilm~nber COx to adopt Resolution #85-141 to grant a temporary conditional use permit to Mr. Norm Holm for grading and excavation contingent upon Mr. Norm Holm entering into a development agreement with the City. Further, that the development agreement will limit activity to a minimun of 200' from the property line rather than require screening, will require the applicant to post a $7500 bond, and will require the applicant to accept responsibility for all costs incurred by the City in administering the permit. (Please refer to resolution file for Resolution #85-141). August 13, 1985 Page 20 of 22