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I I I I I I I I I I I I i I I to the findings of fact and commented that State law dictates that financial gain or loss cannot be used as criteria in decision making and the inclusion of this Iteml#11 is leaving the City wide open for lawsuit. Commissioner Dunn stated that regarding the Gilbertson case he feels there have been some serious errors in judgement made, that all the facts were not presented and that it is impossible that there is on-site sewer facilities to serve all three parcels that meets City code. Mr. Berg stated that Mr. Gilbertson is requesting a holding tank and pumping for the proposed Side Door Lounge. Commissioner Schneider stated that if Council approves Mr. Nieder's request for an accessory building larger than Code allows, the City might as well throw the ordinance away. Commissioner Schneider also inquired if EDC will be reviewing home occupation permit applications also and if so their recommendations should be included in the findings of fact. Chairman Peterson stated that he would be requesting the following from Mayor/Council: 1. Explanation, regarding the Jim Gilbertson case, why Item #4 was deleted from the findings of fact. 2. Explanation, regarding the Jim Gilbertson case, why financial hardship is cause for any action by City. Case #5: Garbage. Commissioner Deemer stated that a plan should be researched regarding recyling garbage as a combined effort between citizens and trash haulers. Commission consensus is that it would be a very difficult plan to implement City wide.and that Commissioner Deemer could pursue the idea further if he wished to take it upon himself. PLANNING AND ZONING COMMISSION INPUT Commissioner Dunn stated that he would like the Planning Commission to be the first to know that he is submitted a letter of resignation to the City. He stated that it has gotten to the point where the Planning Commission is no longer actively involved in City planning. He further stated that there is very little positive results coming out of the Planning and Zoning recommenda- tions, and those recommendations involve a lot of time and effort. Commissioner Dunn further commented that he cannot continue to expend energies and have those energies ignored and that it seems that the City prefers that EDC have more of a handle on City planning. Commissioner Schneider volunteered to attend the Special Council Meeting scheduled for May 9, 1983. i ChaiKman Peterson volunteered to attend the Regular Council Meeting scheduled for May 24, 1983. P & Z/May 3, 1983 Page 4 of 5