Agenda - Council - 08/27/1985 - Laserfiche WebLink

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' necessity in providing a $1000 cash deposit; being shut down for 3 days has already cost him $3000; that he truly believes he doesn't need a conditional use permit but testing,that will cost everybody money. Mr. Goodrich stated that the Constitution does recognize non - conforming uses. Council unanimously agreed to waive the reading of the resolution. ' Motion by Mayor Heitman and seconded by ODuncilmember Sorteberg that based on the fact that it is in the City's best interest to support it's own ordinances ' and Mr. Holm is willing to cooperate with something that he is not legally compelled 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 minimum of 200' from 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 reguired 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 Heitman replied that Waste Management was denied because of ODunty and Metro Council moratorium; Council will entertain Waste Management's request again when the moratorium is lifted. 1 Motion failed. Voting Yes: Mayor Heitman and Councilmember Sorteberg. Voting No: Councilmembers Schlueter, Cox and Reiman. Motion by Councilmember Cox to grant a temporary conditional use permit to Mr. ' Norm Holm provided he enter into a development agreement and provide 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. ' CDUncilmember Cox withdraw his motion. Motion by Councilmember Reiman and seconded by CDuncilmenber 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 minimum of 200' from the property line rather than reguire 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