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10-26-1993 CC MIN - SPECIAL e SPECIAL ~~ETING OF THE ELK RIVER CITY COUNCIL HELD AT VANDEN BERGE JUNIOR HIGH SCHOOL TUESDAY, OCTOBER 26, 1993 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Stephen Rohlf, Building and Zoning Administrator; Steven Ach, City Planner; Peter Beck, City Attorney; Terry Maurer, City Engineer; Sandra Thackeray, City Clerk Also Present: Dan Tveite, Planning Commission Representative 1. Call Meeting To order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Duitsman. 2. Consider 10/26/93 City Council Agenda 5. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/26/93 CITY COUNCIL AGENDA. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Public Hearing on Conditional Use Permit and Preliminary Plat Review of Environmental Assessment Worksheet for Elk Park Center Determination on Environmental Impact Statement Consider a Conditional Use Permit Request to Develop Fifty Acres into a Commercial Planned Unit Development/p.H. Consider Preliminary Plat to Divide Fifty Acres into Thirteen commercial Lots and Two Outlots/P.H. Consider Resolution Declaring the Adequacy of the Petition for Improvement and Ordering the Feasibility Report for Elk Park Center e 3. 4. 6. 7. e City Planner Steven Ach gave a brief historical update on the Elk Park Center project. The project began in 1991, when the City Council approved a rezoning of the north 17 acres to Planned Unit Development. The City Council shortly thereafter ordered a trunk utility feasibility report to study the Planned Unit Development and surrounding property. In 1992, the Planning Commission considered rezoning of the south 33 acres which was approved by the City Council. The entire fifty acre site was zoned Planned Unit Development with a land use of highway business. The City Council accepted a preliminary traffic impact study prepared by Maier Stewart and Associates, Inc. in August, 1992. Also in August, 1992, the Planning Commission held a public hearing on a development proposal to develop the fifty acre site. This public hearing was tabled due to the developer not providing enough information. In January, 1993, a traffic impact study was completed and reviewed by the City. In June, 1993, the Planning Commission held a public hearing for the project which was proposed to be expanded in area to a 54 acre site. Action on this public hearing was also tabled Elk River City Council Meeting October 26, 1993 Page 2 --------------------- e due to lack of information. Following that public hearing, another public hearing was held to review the proposal with modifications done to the site plan. The modifications included the elimination of a Menards store, the elimination of four single family homes on Jackson Avenue and scaling the project area down to 50 acres in size. Following the public hearing, the Planning Commission recommended that the Council approve the conditional use permit and preliminary plat with certain conditions and findings that the developer must comply with to proceed with the project. steven Ach informed the Council that the request before the Council this evening consists of reviewing the EAW, consideration of a conditional use permit to develop a 50 acre site into a commercial PUD, consider a preliminary plat to accompany the development, and order the feasibility report to allow a consulting engineer to analyze the impacts this project would have on internal and surrounding infrastructure and roadways. e Mr. Bert Dahlberg, President of Kraus-Anderson, addressed the Council. Mr. Dahlberg indicated that the major anchors of the proposed Elk Park Center are Wal-Mart and a Cub Food Store. He reviewed the schedule for building and completion of the project. He indicated the project would start in February, 1994, and the completion date of the project would be November, 1994. He further stated that the whole project would not be built at one time. Elk Park Center would operate for five years at the proposed size of approximately 260,000 square feet and expand in the sixth year and operate at full capacity in the seventh year at approximately 374,000 square feet. He indicated that this plan would allow for planning and implementing growth and infrastructure concerns. Mr. Dahlberg stated that Kraus-Anderson has entered into a preliminary development agreement to become 50% partnership with Scott Erickson who is the original developer of the project. Mr. Mike Schields of AKRW, architect for the project, informed the Council that the plans for the project have resulted from many compromises between the developer, the City, the neighbors, and the traffic engineer. Mr. Schields reviewed the traffic patterns and phases of the shopping center. He reviewed the berming and landscaping plans with the council. He stated that the berming and plantings will soften the affect of the shopping center from the adjacent property owners. He further noted that security fencing has been added. He further informed the Council that a number of changes requested by City staff and recommendations made by the Planning commission have been incorporated into the project. John Bogart, of John Oliver and Associates, addressed the storm water drainage for the development. Mr. Bogart reviewed points of concern expressed by the residents and stated the issues will be fully addressed in the feasibility report. e Jon Wertjes, of Benshoof and Associates, informed the Council that he was the traffic engineer for Elk Park Center. Mr. Wertjes provided the City Council with handouts that were used in his presentation and informed the Council that the initial traffic report was started by Maier Stewart and Associates. The report has been reviewed and updated for the development plan. Mr. Wertjes reviewed the site plan. He Elk River City Council Meeting October 26, 1993 Page 3 --------------------- e informed the council that a traffic analysis was conducted. Mr. Wertjes discussed the differences in the Elk Park Center and the Riverdale Crossing Center. Mr. wertjes discussed the designs of the Highway 169 and School Street intersection and reviewed the traffic volume numbers. He also discussed the Elk Hills Drive and Dodge Avenue intersection and the School Street and Freeport Avenue intersection. Councilmember Scheel questioned why no study was made of the Highway 10 traffic that would access Elk Park Center. Councilmember Scheel stated that she believes that this route will supply at least one-half of the traffic to the proposed development. She further noted that these cars will come down Proctor Avenue and that there is no possible way to widen the west end of School Street. Mr. Wertjes noted that School Street could be widened. He further indicated that Highland Avenue is a collector road and will primarily serve the area to the north and west. Highland Avenue users would primarily be local users. He further indicated that many answers to the traffic questions would be addressed by the feasibility study. e Mr. Loren Knott, attorney for Kraus-Anderson, introduced himself to the Council and provided the Council a handout of his prepared comments. He noted that it is the intention of Kraus-Anderson to work with the City to solve any problems that may develop. He further reminded the Council that the land was zoned Planned Unit Development and designated for commercial use. He informed the Council that one million dollars has been spent by the developers in developing the property. He noted that the money has been spent to get the best possible plan for the City of Elk River. He stated that Kraus-Anderson was only interested in the project because it was properly zoned for shopping center use. He noted that the developers have given special attention to the project to assure that the development meets the seven standards for a conditional use permit and following review by the Planning Commission, the Planning Commission stated that all criteria have been met. He further noted that staff concurs with the Planning Commissions recommendation. The Attorney reviewed the seven criteria required by a conditional use permit. He further requested that the findings of the Planning Commission and staff be made as findings of the City Council in support of the approval. Mayor Duitsman opened the public hearing. Dennis Gorman, 12095 Highland Road, questioned how the roadway system would service the area west and northwest of the community. He indicated his concern regarding the school children and noted that the Elk Park Center would be an adverse impact on the traffic and neighborhood. He compared the traffic lanes of Elk Park Center to Riverdale crossing. He noted that there are eleven lanes of traffic at the intersection leading to Riverdale Crossing. He reiterated his concern regarding the traffic along School Street and the safety of the children. e Ken Anderson, Elko, engineer and has been stated that in his Minnesota, noted he is a professional traffic hired by the Citizens Who Care Committee. He opinion, the Freeport Avenue and School Street Elk River city Council Meeting October 26, 1993 Page 4 --------------------- e intersection are not appropriate for this level of development. He further noted that School street would have to be widened and this would be very expensive. He requested the Council to consider revising the traffic study that was done in 1993. He further noted that Freeport intersection is too close to Highway 169. He further suggested that the Maier Stewart traffic study which was completed was flawed. He noted that the numbers have doubled on Highway 169 from the original Maier Stewart study. Mr. Anderson questioned why the five lots south of the water tower were not included in the analysis. He noted that the basic problem is the fact that the two intersections are too close together, School Street is too narrow, and the access is too close to Highway 169. He concluded that it is a bad development for this type of access. e Duane Kropuenske, 12778 183rd Court, stated that the proposed PUD offers many possibilities to the city. He noted that when he was on the Council, the Council voted 5-0 to approve the proposed area as Highway/Commercial development. He stated he does not feel the project has been rushed through. He further indicated that a Planned Unit Development can be controlled and address the concerns of the citizens in the area. He noted that he cares about the quality of life and about controlling property taxes. He stated that the proposed development would provide an increased tax base. He noted that the development of Elk Park Center would provide some of the corrections to School street. He further noted that tax dollars will be generated from this development that will be given to the School and the City to help address and finance improvements for the traffic problems on School Street. Tim ostroot, 19333 Norfolk street, stated that he is a member of Citizens Who Care. He stated that the City's perspective is narrow as many of the important issues have not been resolved. He stated that the burden of proof must be met by the developer. He indicated that the City's traffic studies are flawed and are based on assumptions. He further stated that Highland Road will not be a residential street if the Center is approved. He indicated that there would be an adverse affect on the neighboring residents and school children. Mr. Ostroot stated that the development borders a park, a cemetery, and a residential neighborhood. He indicated it is too big of a project for this small of site considering what the site is bordered by. He further indicated Elk River has many areas to develop and stated that the proposed site is the wrong fit for the development. He urged the City Council to deny the request for the conditional use permit. Don Schumacher, 212 Norfolk Avenue, stated that Kraus-Anderson is a responsible and capable developer. He indicated that the development will add to the tax base and employment base of the City. He informed the Council that he is in favor of the development. e Charlie Houle, 101 6th Street, representing the Board of Directors.of the Chamber of Commerce, indicated that the City must consider moving forward for the growth of the community. He requested the Council to consider taking a stand to help the project move forward. He further Elk River City Council Meeting october 26, 1993 Page 5 e requested the Council address the problems at hand rather than just turning the project down. John Van Heusen, 11955 Highland Road, indicated that the Environmental Impact statement (EIS) does not satisfy the requirements of the conditional use permit. He indicated he is opposed to locating the project on the proposed site. Greg Johnson, 11880 Highland Road, stated his concern about the children. He stated that the project is not compatible with the schools. He further noted that the expansion of School Street would be a burden to Dr. Flannery. He indicated that there are no other routes to access the development except for School Street or Highland Road. He further questioned whether he would be responsible for paying for the overlay of Highland Road due to the number of people using the road to access the development. Mr. Johnson stated that Elk River is the fifth highest taxed City according to population. He stated that the cost for the improvements the community must make for the development will far exceed the $750,000 received in taxes. e Tom Penna, 17310 Chameleon Street, Ramsey, Minnesota, indicated that although he does not live in the City of Elk River, he pays school taxes as his children go to the Elk River schools. He stated he moved to Ramsey for a quiet, slow-paced, life and is opposed to the location of the proposed development. He indicated that there are other areas in the City to locate the development. Gail Anderson, 19411 Irving Circle, presented the City Council with a petition from the citizens of Elk River indicating their concerns about the impacts of the proposed Elk Park Center at the location bordered by Highway 169, School Street, and Jackson Avenue. The petition also requests that an EIS be completed before any approval be given on the project. Wendy Arrow, 11080 190-1/2 Street, questioned how the Council could approve a project when the transportation problems will still be unsolved. She further indicated there are issues other than transportation that are unsolved. She stated that she is opposed to locating the development at this site. Kathy Wise, 19424 Irving Circle, informed the Council that she moved from Champlin to get away from the gangs. She stated she is a bus driver and indicated that the School street area is already a dangerous situation for the school bus drivers and children. She indicated that the addition of traffic for the Elk Park Center development would be "insane". Gene Schuldt, 1218 Main Street, stated acquisition of property for the off-site that he has been informed that there is off-site drainage system. his concerns regarding the drainage system. He indicated no agreement made for the e Gene Schuldt indicated his concerns about the intersection on Jackson Road and Highland Road and the entrances and exits to the shopping Elk River City Council Meeting October 26, 1993 Page 6 --------------------- e center. He further had some concerns regarding who will be paying for the improvements to School Street, Jackson Road, and Highland Road. He indicated his concern regarding the pedestrian safety on Highland Road as there are no sidewalks on Highland Road. Mr. Schuldt indicated that when he was on the Council and voted to change the zoning from multiple dwelling to PUD, he was under the impression that a smaller strip mall would be built. He indicated that no one is opposed to commercial development, but only to the location of the proposed development. He further stated that there are more suitable locations for this type of development in the City. Phil Johnson, 19400 Holt street, stated that an EIS could be requested by the City. He indicated the citizens are concerned about the impact of the development and requested that the Council consider ordering an EIS before giving approval to the project. Phil Johnson also questioned why the School District property is not included in the traffic study reports. He requested the Council to deny the CUP based on the fact that the conditions of the conditional use permit are not being met. e Lloyd Johnson, retail developer of Super Valu, indicated that there are very limited opportunities for this large type of development in Elk River. Mr. Johnson indicated that he is present to support the expansion of county Market. He indicated that Jerry Hagen has plans to develop the County Market into a Cub Food store at the proposed development. Kathy Lowen, 11915 193rd Lane, indicated she worked as an assistant at Parker Elementary School. She stated that many times the balls children are playing with rollout onto the streets. She stated she is speaking for the kids in Elk River and fears for their safety. She indicated that the schools are used heavily in the evening hours also. Architect Mike Schields stated that Highland Road was designed as a collector street. He stated that this project, when fully developed, will be 100,000 square feet less than the Riverdale Crossing center. He further indicated that the School District approves of the project as they have provided the necessary landscaping, roadway and utility easements. He further stated that the EAW has been reviewed by all departments. He indicated that the land south of the water tower has not been included in the studies because it is still owned by the School District. He indicated that this land will be addressed if and when it is proposed to be part of the project. Terry Maurer, Maier Stewart and Associates, indicated that his role in the process of the development proposal has changed since January. He indicated that since January, Maier stewart's role has been to review only. He indicated that Maier Stewart will stand behind the traffic study report which it has prepared. He further indicated that the property south of the water tower was included in the traffic study as was the traffic coming from the west. e Ken Anderson, traffic engineer for the Citizens Who Care Committee, stated that the Maier Stewart traffic study was flawed. He requested Elk River City Council Meeting October 26, 1993 Page 7 --------------------- - Maier stewart to update the study before any action is taken on the development. Tim ostroot, 19333 Norfolk Street, readdressed the Council concerns he expressed earlier. with Duane Kropuenske, 12778 183rd Court, stated he felt the been overstudied. He indicated that the feasibility process City Council the opportunity to solve existing problems. project has gives the Wendy Penna, 17310 Chameleon Street, Ramsey, Minnesota, indicated that she had to make a choice to leave some of the conveniences behind when she moved to Ramsey. She further indicated she is concerned for the safety of her child and is opposed to the location of Elk Park Center. Wendy Arrow, 11080 190-1/2 Street, indicated that the School District has not approved the site, but that the site has been approved by the School Board. She cautioned the Council to exercise caution before the project is approved, not after. Gene Schuldt, 1218 Main Street, commented on the configuration of Highland Road in conjunction with the entrance and exit of the proposed development. He indicated that the configuration of this intersection was changed by the architects to better fit the buildings of the development within. e There being no further comments, Mayor Duitsman closed the public hearing. The City Council recessed at 10:10 p.m. and reconvened at 10:25 p.m. City Attorney Peter Beck stated that an Environmental Assessment Worksheet has been prepared for this project. The purpose of the EAW is to determine whether the project has a potential for significant environmental effects. If so, the rules require that an Environmental Impact Statement be prepared. He stated that there is no need for a petition to start the process for an EIS. He indicated that staff recommendation is that the project does not have the potential for significant environmental effects. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER REGARDING THE ENVIRONMENTAL REVIEW PROCESS FOR THE PROPOSED ELK PARK CENTER PROJECT RESPONDING TO COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET SETTING FORTH THE CITY COUNCIL'S FINDINGS OF FACT REGARDING THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT AND DECLARING THAT THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT IS NOT NECESSARY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Steven Ach, City Planner, stated that approval of the conditional use permit would allow for the development of a Planned Unit Development on a fifty acre site. He indicated that this would be a first step in a series of events for Council and staff review. He further noted that City staff has recommended approval of the conditional use permit based Elk River city Council Meeting October 26, 1993 page 8 e on the seven findings of fact by the Planning Commission at its last meeting. steven Ach referred to the Planning Commission draft minutes of October 19, 1993, and to the staff memo addressed to the Mayor and city Council in reference to the seven criteria necessary for approving a conditional use permit. steven Ach then proceeded to read the conditions recommended by the Planning Commission for the granting of the conditional use permit. Those conditions are as follows: 1. That plans be revised in accordance with letters from steven Ach dated October 11, 1993, and Terry Maurer dated October 15, 1993. 2. Revised plans will be accepted as the project development plan and provide the foundation for future site plan reviews. 3. All site plans must be submitted to the Planning Commission and City Council for review for each phase of the project prior to obtaining a building permit. 4. A chain link security fence shall be provided around the storm water ponds located on the school property and two along Jackson Road. 5. A Planned Unit Development Agreement be prepared and executed prior to final plat. e 6. A feasibility report be completed specifying utility and pedestrian system improvements. incorporated into the plan within sixty days. necessary off-street Findings of study be 7. A sidewalk/bike development. fully explained path along Jackson Road be included in the initial A method of proposed right-of-way acquisition be to the City Council. 8. The project design provide that the traffic level of service on the intersection of Jackson Road and Trunk Highway 169, Highland Avenue and Jackson Road, School street and Jackson Road, Freeport Avenue and School street, Elk Hills Drive and Dodge street, School street and Trunk Highway 169, and Freeport Avenue and Jackson Road not be degraded. Steven Ach indicated that staff added the following condition to Item #8; "That the developer be responsible for off-site infrastructure improvements that are necessary as a result of Elk Park Center". Steven Ach stated that staff is requesting to add two other conditions to the conditional use permit. They are as follows: 9. The northernmost driveway onto Jackson Avenue from the Taco Bell site is not approved as part of this project. However, approval of the driveway in this location will be subject to the developer submitting a specific site plan, justifying the need for a safe and appropriate curb cut at the time of site plan review. e 10. The 4,500 square foot building northeast of the proposed Cub Food store is not approved at this time. Elk River City Council Meeting October 26, 1993 Page 9 e steven Ach indicated that staff is recommending that this building be subject to the future review Commission and City Council. the of approval of the Planning Peter Beck, City Attorney, informed the Council that land use decisions for the property in question have been made. The property has been rezoned and allows the uses which are being proposed. He stated that the property is zoned Planned Unit Development (PUD) and a conditional use permit is required to develop the property. He indicated that staff has recommended that the conditional use permit be granted subject to specific conditions noted earlier. He further indicated that if it is the decision of the City Council to deny the conditional use permit, it should be based on findings of fact based on the seven criteria necessary for a conditional use permit. He suggested that if the Council intends to deny the conditional use permit, it should do so by identifying the conditions and then direct staff to draw up a resolution specifically stating the findings for denial. Councilmember Holmgren stated he has four major concerns with the proposed development. The concerns involved: 1. The easement for the drainage. A drainage easement has not been signed at this time. 2. Traffic concerns. The major intersection to the development one that is being ignored. He indicated that three of the intersections to the north are not controlled. He stated he nine other traffic concerns which he did not list in detail. is four had e 3. No buffer zone to the proposed development. 4. Possible median on School Street from Freeport to Jackson which would hinder traffic movements to the school property. Councilmember Holmgren noted that he would vote to deny the request for a conditional use permit. Councilmember Scheel stated that she has a great problem with the traffic. She further indicated that she had a problem with #1 of the seven stipulations necessary for a conditional use permit. She indicated that she feels the public health and safety of the children and residents are affected. She is concerned for the safety of the young people. She indicated that the children will not be able to get to Lion's Park. She further stated that when the children play there will be carbon monoxide to deal with. She stated that the holding pond would be a danger to the children. Councilmember Scheel noted that the proposed development adversely affects the schools. Councilmember Scheel stated that there are many holes in the project at this time and that she could not vote in favor of the project. e Councilmember Dietz stated that he shares the concerns of the citizens. He further noted that he took a survey of sixty people and found thirty people in favor of the development, fifteen against, and fifteen who did not care One way or the other. Councilmember Dietz stated that if Elk River City Council Meeting October 26, 1993 Page 10 e the School Board would not have sold the land to the developer, the City would not be considering approval of the development at this time. Councilmember Dietz indicated that the School Board also approved the location of the drainage pond. He indicated that the City and School District has been discussing the idea of widening School Street regardless of whether this development was approved. councilmember Dietz had some questions regarding the two left turn lanes off of Highway 169. He indicated he had a problem with the funneling into one lane. He questioned whether Freeport could be made wider so there could be two turn lanes. Terry Maurer indicated that if the Council approves the conditional use permit, a feasibility study would be prepared and these issues would be addressed in the feasibility study. e Councilmember Dietz further indicated that there would be no intention of assessing the School District for this project. He indicated that he agrees there are traffic concerns. Councilmember Dietz further indicated he does not expect any property owner to be assessed for any part of this project. Councilmember Dietz indicated that he agrees there are traffic problems, however he feels there will be traffic problems in Elk River whether there is a shopping center or not. Councilmember Dietz indicated he disagrees with the crime situation. He also stated that the amount of taxes that this type of project would generate would allow the City to hire extra police officers if needed. He indicated he did not feel it was valid to correlate crime and shopping malls. He indicated that as the suburbs move to the west, and as Elk River's population grows, the City will have more crime, regardless of a shopping mall. Councilmember Dietz stated it was important for Elk River to get commercial and industrial tax base to help pay for the services we all want and need. Councilmember Dietz stated that he believes all the traffic concerns can be worked out. He feels that the developers have met the criteria requested by the City and indicated that he would vote in favor of the conditional use permit. Mayor Duitsman stated he feels the City is missing a real opportunity to bring shopping and development to Elk River. He stated that the development will pay for the roads, the improvements, etc. He further indicated that this area is zoned for commercial development. He stated he believes the concerns can be addressed from the feasibility study. He indicated he is in favor of the development. e Councilmember Farber stated he is pro-development, however he has many concerns regarding the proposed Elk Park Center. Councilmember Farber voiced many concerns regarding traffic and location of the proposed development. He indicated that Jackson Avenue has been ignored and 193rd Avenue has not been addressed and it will be a main entrance to the mall. Councilmember Farber indicated that the project would adversely affect the school children and the neighboring residents. Councilmember Farber further indicated his concern regarding the safety of the children and the amount of pedestrian traffic along School Street. He further indicated that Highland is a residential area which will become a major thoroughfare and would adversely affect the neighborhood. Councilmember Farber also questioned whether the City Elk River City Council Meeting October 26, 1993 Page 11 ---------~----------- e could negotiate with MnDOT for an entrance off of Highway 169 instead of School street. Councilmember Farber indicated he would vote in opposition to the request. Dan Tveite, Planning Commission Representative, indicated it was the op~n~on of the Planning commission that the seven requirements necessary to approve a conditional use permit have been met, and further, that the feasibility study will address the safety, traffic, and drainage concerns. He stated that the Planning commission unanimously recommended approval of the conditional use permit and preliminary plat. COUNCILMEMBER FARBER MOVED TO DENY THE CONDITIONAL USE PERMIT FOR THE PROPOSED PLANNED UNIT DEVELOPMENT OF ELK PARK CENTER AS THE PROPOSED PUD WOULD ADVERSELY AFFECT THE PROPERTY ADJACENT TO THE LAND AREA BEING DEVELOPED; THE PROPOSED PUD WOULD ADVERSELY AFFECT THE EXISTING SCHOOLS AND THE STREET ADJACENT TO THE PROPOSED PUD; THE PLANNED UNIT DEVELOPMENT AS PROPOSED DOES NOT COMPLY WITH THE SEVEN STANDARDS REQUIRED IN SECTION 900.42 OF THE ELK RIVER CITY ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Dietz opposed. e COUNCILMEMBER FARBER MOVED TO DENY THE APPLICANTS REQUEST FOR A PRELIMINARY PLAT BASED ON THE FINDINGS THAT A CONDITIONAL USE PERMIT HAS NOT BEEN APPROVED FOR THE PLANNED UNIT DEVELOPMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Dietz opposed. City Attorney Peter Beck stated it is his understanding that the Council voted to deny the request rather than direct staff to prepare a resolution stating the findings of fact for denial. Councilmember Farber indicated that it was his intention to direct staff to prepare a resolution. The City Attorney suggested that the motion be amended to reflect Councilmember Farber's intention of drafting a resolution. COUNCILMEMBER FARBER MOVED TO AMEND THE MOTION ON THE CONDITIONAL USE PERMIT TO DIRECT STAFF TO PREPARE FINDINGS OF FACT IN A RESOLUTION OF DENIAL FOR CONSIDERATION BY THE COUNCIL ON NOVEMBER 15, 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Dietz opposed. COUNCILMEMBER FARBER MOVED TO AMEND THE MOTION TO DIRECT STAFF TO PREPARE FINDINGS OF FACT CONSIDERED BY THE COUNCIL ON NOVEMBER 15, 1993. SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Dietz opposed. ON THE PRELIMINARY PLAT BY RESOLUTION TO BE COUNCILMEMBER HOLMGREN Mayor Duitsman and e - e e Elk River City Council Meeting October 26, 1993 8. Adjournment There being no further business, COUNCILMEMBER ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED MOTION CARRIED 5-0 Page 12 HOLMGREN MOVED THE MOTION. The special meeting of the Elk River City Council adjourned at 11:30 p.m. Respectfully submitted, ~c~~) City Clerk TO THE