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Mr. Joel R. Hanson <br />June 2, 1999 <br />Page 2 <br />2. The temporary "permit" is now described as a temporary <br />"license ", with a license fee of $.10 per ton; <br />3. In Paragraph 2 the City is approving a "license" rather <br />than a "permit "; <br />4. In Paragraph 5 the City has a right of entry to enter <br />the subject property as necessary to monitor the <br />operation; and, <br />5. Paragraph 10 describes the proposed use as an interim <br />use in an I -2 District, which requires the issuance of <br />an interim use permit, both of which terminate on sale <br />of the property or 10 years after issuance of the <br />interim use permit, whichever is earlier. The interim <br />use and interim use permit is not assignable. After <br />termination of the interim use permit, the property <br />shall be restored to a condition that is acceptable to <br />the City. <br />I would recommend that the City Council consider <br />incorporating the termination provisions of the Fourth Amendment <br />and the nonassignable provisions of the Fourth Amendment into the <br />interim use permit. As we have discussed earlier, I would also <br />recommend that we prepare an Ordinance requiring a license and a <br />license fee relating to this type of operation. <br />Would you please review the enclosed to determine if any <br />additions or deletions would be beneficial. Would you then <br />please submit the same to the Council for their consideration. <br />If anyone has any questions relative to this matter, please <br />contact the undersigned. <br />TMS:skd <br />Enclosures <br />Yours very truly, <br />SWEENEY, BORER & SWEENEY <br />2 <br />Thomas M. Sweeney <br />Page 4 <br />