09-13-1995 Council Agenda - Laserfiche WebLink

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MINUTES City Council (Cont'd.) January 31, 1980 Councilman Fahey questioned the requirement set out on page 65 requiring a performance bond in all cases of a conditional use permit or a variance. The Planner stated that the bond will guarantee that all conditions of the permit will be fulfilled. The Attorney suggested that the requirement of a bond be at the discretion of the Council. In some cases the Council may not wish to require a bond. Parks stated that if a bond is required and the permit conditions are not met, the party holding the permit would forfeit the bond money and the Council would cancel the permit. The Planner stated that he would change the Ordinance to reflect that a bond "may" be required. Councilman Fahey suggested that the enforcement powers of the City be _spelled out in the proposed Ordinance. Fahey stated that the Ordinance should state that the City can revoke a conditional use permit upon confirmation that the person holding the permit isn't complying with the permit. The Attorney also stated that the Ordinance should have a provision that the Council "may" limit the time of a conditional use permit. In each case the Council could determine if there should be a time limit on a permit. The Planner stated that he would add enforcement and revokation provisions to the Ordinance. The Planner stated that the City has the power to impose a time -limit on a permit under paragraph K. on page 63. Fahey stated that there should be a paragraph E. on page 65 dealing with the City's revokation power. Nielson stated he would also add a 5. under paragraph D. on page 65 dealing with the City's enforcement powers of a conditional use permit. Fahey stated that the wording in section D. on page 65 should state that a bond will be posted for required improvements. Parks stated that wherever an improvement is involved it will be mandatory that a bond be posted, otherwise it is at the discretion of the Council if a bond need be posted. Councilman Fahey pointed out that paragraphs B. and H. on page 67 are the same paragraph and one can be eliminated. On page 67 the Ordinance requires that the Council and Planning Commission take action on a request for a variance or conditional use permit within a certain time period. Fahey asked what would happen if the Council and Planning Commission did not take action on a permit within the required time period. Page 33 Page -3-