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MEMO TO: MAYOR AND CITY COONC <br />FROM: CLERK-ADMINISTRAT <br />DATE: MARCH 14, 1985 <br />SUBJECT: HIGHWAY 10 RADIATOR REZONING AND CONDITIONAL USE <br />PERMIT <br />City Attorney Richard Meyers has requested that I submit tc <br />you the language for a motion which he has requested that <br />you adopt at the March 25, 1985 Council Meeting to comply <br />with the Order of Ramsey County District Court Judge Harold <br />Schutlz on the referenced issue. The motion would read as <br />follows: <br />Councilmember moves, subject <br />to the City's rights of appeal, to comply with the <br />order for judgement of the Ramsey County District <br />Court relative to Court File No. 464143 Granting <br />Gregory A. Johnson's Application for a Rezoning of <br />His Property at 2865 Highway 10 from R1 Single <br />Family to B3 Commercial Highway Use With Conditional <br />Use Permit for Highway Auto Repair and which Conditional <br />Use Permit for Highway Auto Repair shall contain the <br />following restrictions: The erection and maintenance <br />of a privacy fence is required by the Municipal ordi- <br />nance, the maintnenace of the property in reasonably <br />clean condition, the maintenance of reasonable busi•- <br />ness hours for conducting his business, and a restricted <br />use of lighting so as not to disrupt the enjoyment of <br />property by residential property owners. <br />RECOMMENDATION: Staff would recommend that Council adopt <br />the above motion at the March 25, 1985 Council Meeting to <br />comply with the Court Order and the indication to <br />Mark Karney by Judge Flynn that this order supercedes the <br />City's Charter and Ordinances. Staff would request Council <br />direction as to whether or not this item should be placed on <br />the Consent Agenda or the Regular Agenda. <br />DFP/m3s <br />