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CCP 01-31-1994
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CCP 01-31-1994
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<br /> . . <br /> The property owner, RECD. has stated that the portion of the definition <br /> e and special provisions which require the terminal to hold a contract <br /> with the M:Junds View School District violates several laws and is not <br /> reasonable, <br /> The City Attorney, footr. Jer:ry Filla, recognizes that sale p::ltential legal <br /> problems exist in the definition; hcw:lver, his rationale for including <br /> this clause is sirrpleuThe bus tenninal is a non-oonforming use and has <br /> not been in oonformance with the City Ordinance since its annexation to <br /> Arden Hills. While the City Attorney has indicated that the City w:::>uld <br /> be within its legal rights to enforce arrortization, there is benefit <br /> provided to the taxpayers within our camn.mity of the tenninal' s arrrent <br /> location, If the City were to rezone or arrend the zoning ordinance and <br /> include the definition as proposed it provides a rrethod to ensure that <br /> Arden Hills citizens w:::>uld continue to receive the benefit of this <br /> location, <br /> Our Attorney has stated this provision does not limit the property <br /> owner/lessee fran contracting with other schcol districts, Mr. Filla <br /> proposed this language for the sole putp:lS€ of benefiting the local <br /> citizens and as an option to pursuing legal cpport.unities available to <br /> the City through the arrortization process. In the case that the City <br /> Council recanrended arrortization, the termination agreerrent could <br /> contain language which w:::>uld allow the use to continue for a minimum <br /> pericd of tirre or as long as the tenninal served the M:lunds view School <br /> District. <br />. The Council should also note the new petition which was circulated since <br /> the Planning O:mnission reviewed the case in early January. A list of <br /> individuals who have signed the petition will be available at M:mdays <br /> meeting. <br /> BF:to <br />-- <br />- - <br />
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