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Regular City Council Meeting <br /> Monday,January 7, 2019 <br /> Page 11 <br /> with from a statutory point of view, but it should not be this hard to eliminate the <br /> fee. He would like to know how other cities are doing this. <br /> Mayor Roe thought staff could get the City Council more information on what <br /> other cities are doing. He thought the Council would like to have this brought <br /> back, noting this would be specific to this type of use and this type of district, In- <br /> terim Use approval. The precedent would be whatever the City sets as justifica- <br /> tion for reducing or waiving a fee. The City has to be ready to apply to the next <br /> application going forward. <br /> Councilmember Etten stated he would be willing to look at this further and asked <br /> staff to look at what the costs were on this item and bring that information for- <br /> ward to the Council for further discussion as well. <br /> Councilmember Willmus stated one of the things the Council has indicated to <br /> work towards is to try to find some common ground and change this to a permit- <br /> ted use within the Institutional Zone Districts. One of the things that will be in <br /> play in the future is the need for the Interim Use Permit to go away by the City <br /> taking action to make this a permitted use. He thought the City should look at the <br /> fee at that point, which is the nexus. <br /> City Attorney Gaughan stated maybe the City could make the payment of this fee <br /> due on the expiration of the five-year Interim Use period, waivable if the Interim <br /> Use becomes moot by operation of subsequent zoning change. <br /> Councilmember Willmus wondered if the City would have to do that for all of the <br /> Interim Uses that come before the City. <br /> City Attorney Gaughan thought the nexus there is that the Council has openly de- <br /> liberated its intentions to pursue a potential amendment of zoning to make this In- <br /> terim Use not necessary. If there is a future case similar to that, it might be an ap- <br /> propriate precedent. But for future cases where the Council has not openly delib- <br /> erated making an Interim Use application obsolete, then there is no need for it. <br /> Also, it is recognizing the fee has been imposed but not due until the end of the <br /> five-year period. <br /> Mayor Roe stated within the last few years, the City has approved an Interim Use <br /> and then subsequently made a zoning change that made it moot. It was not this <br /> type of use so there is that precedent. He wanted to make sure the Council thinks <br /> through this before a decision is made on how this can be done. <br /> Recess <br /> Mayor Roe recessed the meeting at approximately 7:20 p.m., and reconvened at approximately <br /> 7:25 p.m. <br />