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<br />Resolution 5527 Report <br />Jan 5, 2003 <br />Page 2 <br /> <br />Staff consulted with City Attorney Scott Riggs who concurred with Mr. Hughes interpretation <br />of the City Code deficiency relating to development review and development agreement <br />conditions. While the matter could be pursued through a civil process, both Mr. Hughes and <br />Mr. Riggs questioned the economics of doing so. They suggest that Chapter 1006 of the <br />City Code be amended to eliminate this loophole and Mr. Hughes has offered to provide the <br />necessary language to do so. Such a code amendment could not, however, be applied <br />retroactively in this situation; thus the “no outside garbage” condition becomes <br />unenforceable. <br /> <br /> <br />Recommendation: <br /> <br />Staff recommends that the Council authorize staff to draft and present an ordinance <br />amending Chapter 1006 adding language to ensure that development review conditions are <br />enforceable via the criminal process similar to conditional use permits and variances. Staff <br />also recommends that the Council approve an amendment to Resolution 5527 removing the <br />condition relating to outside storage of garbage on the property. <br /> <br /> <br />Respectfully submitted, <br /> <br /> <br /> <br />________________________ <br />James Ericson <br />Community Development Director <br />763-717-4021 <br /> <br /> <br />Attachments: <br />1. Location Map <br />2. Resolution 5527 <br />3. Chapter 1006 <br /> <br />