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MINUTES <br />CITY COUNCIL <br />MAY 12, 1993 <br />Scalze reported that the first permit granted on the <br />site was a land fill permit. A permit was never <br />obtained for the recycling operation. Scalze pointed <br />out that if a use is not stated in the Code, it is not <br />allowed. Frattalone signed a development agreement <br />with the City stating that the use was not permitted <br />and agreeing to cease that use by August of 1992. <br />Frattalone stated that he has always felt his recycling <br />operation was a permitted use, and noted that the Code <br />allows the manufacturing, compounding, assembling, <br />treatment and storage of materials. <br />Scalze pointed out that a minimum of a 1,000 square <br />foot building would be needed as well. <br />Frattalone reported that his legal counsel has <br />indicated that Section 901.060 talks about building or <br />land, therefore, he did not feel a building was <br />required. <br />Scalze suggested that if Frattalone has consulted his <br />legal counsel, perhaps the City should consult their's. <br />Frattalone reported that his attorney sent a letter <br />stating this position to the City Attorney, but has not <br />had a response. <br />The City Attorney believed he received that letter some <br />time today, but has not had time to review it. <br />Hanson pointed out that at the April 28th meeting the <br />City Planner indicated that the Code requires a <br />commercial use to have a building at least 1,000 square <br />feet in size. <br />Hanson pointed out the Gerten rezoning request at the <br />last meeting and the fact that the structure on that <br />property is less than 1,000 square feet in size. <br />Hanson reported that he asked the Building Official how <br />many other commercial buildings in the City were less <br />than 1,000 square feet in size. <br />Frattalone reported that he beqan is recycling <br />operation at 3066 Spruce Street several years ago. The <br />City Council asked that the operation be moved to <br />Country Drive because of complaints that were received, <br />and Frattalone reported that he moved the operation at <br />City direction. Frattalone reported that at the end of <br />the resolution regarding the relocation, the Council <br />added that the operation could continue until his <br />landfill permit expired. There was no discussion on <br />that issue. <br />Page 8 <br />