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City Council Regular Meeting Minutes January 9, 2001 tPage 9 1 C. Resolution 01-022, re: Conditional Use Permit. 2 Planning Commissioner Stille presented the Planning Commission's recommendation for 3 approval of the Conditional Use Permit based on the finding that the use is not 4 detrimental or injurious, the use is necessary and desirable at this location, and subject to 5 the ten conditions recommended by staff which includes a restriction on hours and 6 providing a 20 foot utility easement. 7 Horst asked if questions were raised regarding the validity of the drive thru or other 8 points of the special use. Stille stated the drive isle meets City code but the drive isle 9 itself is a conditional use. 10 Horst asked if the Walgreens use requires a conditional use. Stille stated it does not but 11 the Planning Commission was able to address the neighborhood impacts and other issues 12 since a conditional use permit is needed for the drive thru feature. 13 Mayor Cavanaugh reviewed the Planning Commission meeting minutes which detailed 14 the ten conditions of approval, one of which includes the hours of operation. He asked 15 how those conditions are incorporated into the Council's resolution. 016 Morrison noted the reference contained within the Council resolution stating"...in 17 agreement with the findings of the Planning Commission at their December 19, 2000, 18 meeting..." 19 Mayor Cavanaugh stated his preference to have the process streamlined so the conditions 20 are explicitly outlined within the Council's resolution. 21 Horst stated this has always been a question, and what happens to the conditional use 22 permits once approved. 23 Attorney Gilligan stated some cities have a written conditional use permit agreement 24 which itemizes the conditions placed on approval and is signed by the applicant. The 25 Council stated their agreement to direct the City Attorney to draft such a document for 26 signature. 27 Morrison reviewed the approvals that are granted which require conditions of approval to 28 be itemized and met prior to issuance of a certificate of occupancy. 29 Motion by Hodson to adopt Resolution 01-022, re: Conditional Use Permit incorporating 30 additional language as proposed by legal counsel to itemize conditions 1-10 as contained 031 on page 10 of the December 19, 2000 Planning Commission Meeting minutes. 32 Motion carried unanimously.