05-13-1991 Council Packet - Laserfiche WebLink

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1 Ipfe ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 PUBLIC COMMENTS CONTINUED regardless of the size of the house, or number of people using the system. He felt that once people realized how much it would cost to take refuse to a public dump, tney would not be discouraged from partaking and paying to use tne Orono Spring and Fall clean-up days. Quady stated that he does not understand why the City's philosophy is that everyone should ?3y the same. Dave Peterson stated that the residents would have to pay for the Public Viork crews to clean refuse out of the ditches in the City if there is a higher cost for the clean-up program. ZONING ADMINISTRATOR'S REPORT: (#3)ZONING FILE #1497-GERALO TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT-RESOLUTION #2953 James Gilbert Attorney for Mr. Toberman, was present. Bernhardson explained that a final draft of the agreement between Mr. Toberman aid the City has been prepared and agreed upon by the parties' attorneys. He said, "Council agreed to grant the conditional Use Permit under certain restrictions. The continuance of nautical sales on the property may occur provided the operation commences between April and October of 1991, aid is fully operational until April, 1992. The property owners have agreed to sign a waiver of rights, which states that if the criteria in the agreement is not met, the Conditional Use Permit shall be revoked, and the property will revert to Residential zoning." Bernhardson noted that a letter had been received from Dan Crear and George Rovegno, who were unable to attend this meeting, asking that this matter be tabled this evening. Jim Gilbert ^ nfirmed that a tentative agreement has been reached between the parties, based on the language drafted by the City Attorney. He said, "Mr. Barrett and I have done some additional research on this issue. Neither of us been able to find any case law to support the City's ability to force a business to remain open during certain periods of time. Most case law referred to restriction of hours, and occasionally days, but I do not believe the City has any legal authority to force my client to be open during specifiad days and hours. As part of the settlement of this matter, if Council approves the Conditional Use Permit, we will accept that as proposed and negotiated by myself and the City Attorney." Art Tourangeau asked what the hours of operation would oe. Bernhardson responded, "Tha business must be open from 10:00 a.m. to 6:30 p.m., at a minimum, but may remain open until 8:00 - 3 - ..