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I I I Council Meeting Minutes September 10, 1985 Harcus stated that right now nothing is happening, the City has not received an application, and we have denied it once based on zoning for which we were sued. City Attorney stated that the city rezoned property a few years ago, which included property owned by Dick Bury and occupied by Midwest Asphalt) rezoned from Industrial to Limited Industrial. Midwest Asphalt brought suit against the city for its zoning, which deprived the land owners of their property without due process of the law. Bury was concerned because the rezoning made it impossible for him to construct a waste energy plant. Attorney further stated that the trial was substantially completed; a settlement agreement with Mr. Bury was not reached; Mr. Bury had stated be would be satisfied if two things could occur (1) the City would amend the provisions of the Limited Industrial zoning ordin- ance to make the conditions less stringent (Mr. Bury was mostly concerned about the number of vehicle trips per day), and (2) the City would facilitate and cooperate with him and license a waste energy plant on another site. No such agreement was reached. It was made clear to Mr. Bury that the City does not have the power or the authority to enter into that kind of agreement because of the amendment to the zoning code and because the various licenses and permi ts could be granted by the council only after a pub 1 i c hearing process in which due consideration is given to the pro- posal on the merits after the proponents and opponents have been given the opportunity to be heard. It was informally agreed that the City would cooperate with Bury at a staff level in preparing an application and proposal for the City Council, and that the City Council would consider that application as they would consider any other application. Bury indicated that if those things happened and if the approval were granted, he would dismiss the lawsuit. The City is not obligated to grant the permits, but they are under the obligation to give due and fair consideration after all parties have been heard. Harcus stated that if Bury does come in with an application for a waste energy plant, he will have to go to the Planning Commission for a public hearing for a special use permit and site plan approval; then he will have to come to the City Council for final approval, the most important being the special use permit because of the ordinance, as then read by the Mayor. Fuhr asked if the council felt that, at the time the rezoning action was taken it was done, the rezoning was done with respect to how rezoning has always been done. Benke stated that before the rezoning was done, the city went through the process (meetings, public hearings); Benke felt the City did not take a capricious action. Page Ten Petition: Garbage Disposal Plant Report 85-259