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7.1. 7.2. SR 06-05-1995ITEMS 7.1 ~ 7.2. ver MEMORANDUM TO: Mayor and City Council FROM: Steven B. Ach, City Planner _.~~ DATE: June 5, 1995 SUBJECT: Land Use Amendment and Rezoning Request by Dennis Anderson -Public Hearing Case No. LUA 95-4 and ZC 95-4 Issue Dennis Anderson is requesting the following: (a) Comprehensive land use plan amendment, changing the land use from MR (Medium Density Residential) to HB (Highway Business) • (b) Rezoning from Rlc (Single Family Residential) to PUD (Planned Unit Development), based on the submitted concept plan. Attached Letter from Rinke-Noonan Attached is letter from Gary Leistico, attorney with Rinke-Noonan, who is representing a number of residents in the Brentwood area. Mr. Leistico has asked that this letter be included for the Council's review. Background These two applications were presented to the City Council on May 15, 1995, and following comments from surrounding residents and discussion by the City Council, the two applications were tabled until tonight's meeting. Since the May 15th meeting, staff has been in contact Mr. Anderson on two occasions to discuss the requested applications. At the time of writing this memorandum, staff had not received a revised concept plan to address some of the concerns voiced by the residents and City Council at the last meeting. However, Mr. Anderson did indicate during a phone conversation that he would modify his concept plan to reduce the square footage of the proposed building to 75,000 square foot building, as opposed to a 119,000 square foot • building. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (6]2) 441-7420 • Fax: (612) 441-7425 Memo to City Council Page 2 June 5, 1995 • Based on that phone conversation with Mr. Anderson, the requests before the City Council are identical to those considered at the May 15th meeting, with the exception the proposed commercial use would include a 75,000 square foot building and not a 119,000 square foot building. However, without a revised concept plan, it is not apparent how the issues raised by the residents and City Council will be addressed with the proposed development. Steerine Committee Meetine Since the last City Council meeting, the Steering Committee met to discuss commercial development throughout the City. One of the issues the Committee discussed was how far north commercial development should continue along Highway 169. It was the consensus of the Committee to not allow commercial development to continue any further north on Highway 169, with the exception of the City-owned lot at the northwest corner of Highway 169 and 193rd. The Committee further indicated that additional commercial development can occur at the southwest and southeast corners of Highway 169 and Main Street. In addition, if water and sewer is extended along the East Highway 10 corridor, this will provide additional opportunities for more intense commercial development where there is less conflict with residential areas. ` Recommendation It is recommended that the City Council consider one of the following: 1. Deny the comprehensive land use plan amendment and rezoning based on the findings mentioned in the attached staff report dated May 15, 1995. 2. Approve the comprehensive land use plan amendment to HB (Highway Business) and rezoning to PUD (Planned Unit Development) based on the concept plan with certain conditions. The City Council may wish to consider the following conditions for the concept plan: 1. The green space along Irving Street be a minimum of 40 feet wide and include a 5' to 6' berm with extensive landscaping, providing a natural buffer between the commercial project and residential area. 2. Signage for the development should be designed to minimize the possible impact on surrounding residential uses. The following • guidelines should be followed: s:council:lua95-4x Memo to City Council June 5, 1995 Page 3 • No wall or free-standing signage be permitted along Irving Street and 197th Avenue. • One free-standing sign be allowed for each developable lot. • Free-standing signs be of a monument style with a maximum height that will be sensitive to the surrounding area and consistent with recent developments along Highway 169. 3. All loading berths/areas be screened 100% from all residential properties and public rights-of--way. 4. Storm water retention areas be constructed in location(s) that will not require the removal of trees. Furthermore, retention ponds within setbacks/landscaped areas along Holt Street should be discouraged. 5. The planned unit development include the development of only Lot 1, Block 2, and be limited to one "big box" general retail user. If amulti-tenant strip center is considered at a later date in place of the single user, an amendment to the concept . plan must be reviewed by the Planning Commission and City Council. 6. No outdoor storage, displaying of merchandise, or open sales area be allowed unless made part of and incorporated into the architectural design of the building. 7. Developer be responsible for paying fair share of all required off- site improvements in order to develop the subject property. These improvements shall be outlined and made part of the developer's agreement. 8. All parking lot and building lighting be down-lit and directed away from surrounding properties. 9. No vehicle access to Lot 1, Block 2, shall be allowed from Irving Avenue. If the City Council approves the land use plan amendment and rezoning applications, staff would suggest the Council direct staff to prepare the appropriate resolution and ordinance documents for Council consideration at their next meeting. In addition, a planned unit development agreement will s:council:lua95-4x Memo to City Council June 6, 1996 Page 4 also be prepared, outlining the conditions approving the applicant's proposed • concept plan. s:council9ua95-4x RINKE-NOONAN RINKS, NOONAN, GROTE, SMOLEY, DETER, COLOMBO, WlAN7, VON KORFF, DEGIOVANNI, AND HOBBS, LTD. ATTORNEYS AT LAW Suite 700 Nonvest Center Box 7497 St. Cloud, MN 56302 (572J 257-6700 Fax. (672J 656.3500 June 1, 1995 Patrick Klaers, City Administrator D. Michael Noonan Elk River City Hall 13065 Orono Parkway Gerald R. Grote Elk River, MN 55330 wlliam A. Smoley' $AND DELIVERED Kurt A. Deter Re: Our File No. 11147. 001 Barrett L. Colombo Outlot A Brentwood Addition Land Use Amendment and Rezoning Request James. L. Wiant Dear Mr. Klaers: Gerald W. Von Ko/it Enclosed is a letter for consideration by the City James Degiovanni Council at the June 5, 1995 Council Meeting in regard to ~onG.Hobbs the Iand use amendment and zoning request by Dennis Anderson, Public Hearing Case No. LUA 95-4 and ZC 95-4. David J. Meyers°~' Please provide a copy to the Mayor and City Council Members. John J. Meuers If you have any questions or I may be of any assistance Roger C. Justin on this matter, please do not hesitate to contact me. John J. Babcock Sincerely, JiflA. Pinkert RINKS-NOONAN Igor S. Lenzner' Gary R. Leistico - Chad T. Jerdee By Gary R. Lelstlco GRL/cg Orrin V. Rinke al Caurtsel Enclosure 11147.001\C0601A.GRL 'admrrcae ro Pracnix taw N lMiana Real Property Law Speculisf Certified by the ~hd State eer A9aotiafierl Admitted ro Pranica Law M WisNrntin RINT{E-NOONAN RfNKE, NOONAN, GROTE, SMOLEY, DETER, COLOMBO, WIANT, VON KORFF, DEGIOYANNl, AND HOBBS, LTD. ATTORNEYS AT LAW Suite 700 Nonves! Center Box 7497 St. Cfoud, MN 56302 (6J2) 25l-6700 Fax: (612) 656-3500 June 1, 1995 Henry Duitsman, Mayor and City Council D. MicAael Noonan Elk River City Hdll 13065 Orono Parkway Gerald R. Grote Elk River, MN 55330 William A. 5moley' Re: Our File No. 11147.001 Kurt A. Deter Outlot A Brentwood Addition Land Use Amendment and Rezoning Request Barret! L Colombo Dear Mayor Duitsman and Council Members: James. L. Wiant I represent a number of residents residing in the Gerald W. Von KOrti Brentwood Addition in Elk River. As you are aware, James Degiovanni Dennis Anderson is currently requesting the rezoning of Outlot A in the Brentwood Addition from RC-1 (Single ~nG.HObbs Family Residential) to PUD (Plan Unit Development) for the purpose of commercially developing the area. My David J. Meyers ~' clients are concerned about the detrimental effect this rezoning change to commercial development may have on the John J.Meuers surrounding area including the Brentwood Addition. Roger C. Justin After reviewing the available material and thoroughly John J. Babcock discussing the matter with my clients, it appears there is strong evidence in the record that this rezoning Jill A. Pinkert change would indeed be detrimental to the residents in the surrounding area and to the residents of Elk River in Igor s. Lenzne~ general. Gary R.Lesrico The Elk River Planning Commission has previously denied Chad T.Jerdee the request to rezone this area citing a number of reasons relating to the inappropriateness of this area for commercial development. Generally, the planning commission in denying the matter determined that the Orrin V. Rinke o,oo~n~a, ro osed rezonin would allow a P P g potentially intensive commercial activity to be located immediately adjacent to existing residential areas. Because of the lack of natural barriers of physical separation and the +Apmitled,c Pracice Law incompatibility of commercial or highway business with "'""'a"~ the surrounding low density residential area, the ZRed,Pro~,~,~w,;~, planning commission seriously questioned rezoning outlot Gertifiedby the re S,are Bar ASSOCianon AtlmittBG M Practice faw M Wisconsin Henry Duitsman, Mayor and City Council June 1, 1995 • Page 2 A. There was also concern expressed by the planning commission regarding traffic issues. These traffic concerns included the lack of a signalized intersection at the corner of 197th and Highway 169, and the lack of any direct access to 169 along with the inability to utilize a frontage road concept for this site leading to concerns as to how commercial traffic would integrate with the residential neighborhood. In addition, the planning commission looked to the growth management plan goals and policies which state that commercial development should be located to strengthen the downtown area and that strip or scattered commercial sites, such as this, should be avoided. Moreover, the need for additional highway commercial zoning within the Highway 169 corridor, as well as the possibility of a neighborhood commercial designation, is currently being studied as part of the updating of the city~s growth management plan, and the commission determined any zoning decision allowing the commercial development of outlot A should be delayed until the updated comprehensive study is completed. The staff conclusions on this matter are equally compelling. After reviewing the rezoning proposal and giving full consideration to the land use plan, the staff submitted a number of conclusions on the rezoning request. The staff concluded that the proposed rezoning and land use plan change would impact the character and integrity of the surrounding residential areas. The staff concluded that the necessary transportation improvement necessitated in commercially developing the area, would be detrimental to a number of homes along Holt and in the general vicinity. Also the staff concluded that the proposed rezoning and land use plan would seriously impact the character and integrity of the surrounding residential areas. The staff also concluded in concurrence with the planning commission that because outlot A is separated by an existing residential area from the commercial corridor south of 193, the rezoning and comprehensive plan amendment to allow the commercial development of outlot A would not be a logical extension of the commercial development occurring south of 193rd Avenue. There has been considerable public opposition to the Comprehensive Land Use Plan amendment and rezoning of Outlot A in the Brentwood Addition. Public comment and testimony on this issue to both the Planning Commission and City Council has been strongly opposed to a change in .. Henry Duitsman, Mayor and City Council June 1, 1995 • Page 3 the Comprehensive Land Use Plan or in a rezoning of Outlot A to allow commercial development. There has been little, if any, favorable comment or testimony to either the Planning Commission or City Council in favor of the rezoning of Outlot A or in favor of an amendment to the Comprehensive Land Use Plan. The record which has been presented to the City Council is compelling and straightforward. The requested land use amendment and rezoning change of Outlot A is not in the best interest of the Brentwood Addition area or of the City of Elk River. The Elk River City Council should consider this record and deny the land use amendment and rezoning request for Outlot A. Sincerely, RINKE-NOONAN B ~~%'~~ y-' Gary R. Leistico GRL/cg 11147.001\D0524A.GRL • June 5, 1995 City of Elk River 13065 Orono Parkway Elk River, MN. 55330 To Whom It May Concern: I would like to withdraw my land use plan amendment and rezoning applications dated June 5, 1995. These applications were to rezone Outlot A of Brentwood Addition from Rlc to a planned unit development with and underlying land use of HB (Highway Business). I am withdrawing these applications at this time, however,I may be reapplying to rezone the property at a more appropriate time. Sincerely, a`-~,-~j Dennis Anderson • ITEMS 8.5., 8.6.6 8.7. MEMORANDUM ~~,~ TO: Mayor and City Council FROM: Steven B. Acb, City Planner DATE: May 15,1995 SUBJECT: Land Use Amendment and Rezoning Request By Dennis Anderson Public Hearing Case No. LUA 95-4 and ZC 95-4 Dennis Anderson is requesting the following: (A) Comprehensive Land Use Plan Amendment changing the land use from MR (Medium Density Residential) to HB (Highway Business). "' (B) Rezoning from R1 C (Single Family Residential) to PUD (Planned Unit . Development) based on the submitted concept plan. *(C) The Conditional Use Permit request for a development plan is being considered at this time. *This application will be reviewed if the rezoning is approved and a specific development is eminent. LOCATION Outlot `A', Brentwood subdivision (southwest corner of 197th and Highway 169). ZONING/LAND USE Rlc (Single Family Residential) / MR (Medium Density Residential). ATTACHMENTS • Report to the Planning Commission dated Apri125, 1995 • Letter from Brentwood resident • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to City Council May 15, 1995 • The attached report to the Planning Commission describes the background related to Outlot A, as well as staffs review of the applications requested by Dennis Anderson. Please refer to that report for a complete description of the applications. Page 2 Mr. Anderson's applications include a land use plan amendment and rezoning to planned unit development (PUD). Along with the rezoning application a concept plan has been submitted to assist the Planning Commission and City Council in considering the change in zoning from R1C (Single Family Residential) to PUD (Planned Unit Development). One of the benefits in considering a rezoning to planned unit development, the City Council may approve this rezoning based on the submitted concept plan and attach certain conditions to mitigate impacts upon adjacent properties which may result as part of the development. The rezoning process to a planned unit development is slightly different than a traditional rezoning. The primary difference lies within the rezoning based on a "conceptual" development plan. To mitigate impacts the development may have on surrounding properties and still allow the development to fit within a particulaz location, certain conditions can be attached to the concept plan as part of the rezoning. • Conditions such as the following: • Increased landscaping areas (i.e., 50' to 100' setback areas) • Maximum building size • Signage standards • Specifying types of uses • Density of development • Architectural standazds for each of the buildings are just a few examples of what may be included in considering a planned unit development. If the rezoning and "concept plan" (with conditions) is approved by the City Council, the next step is for a detailed review of the proposed development. This typically occurs when an actual user for the property steps forward. This step is administered through the conditional use permit process, involving public hearings before the Planning Commission and City Council. If the specific development plan is consistent with the "concept plan" (as approved with the rezoning), the Council will be in a position of having to act affirmatively. The rezoning will have already granted the property owner certain rights that may be difficult to deny at this point in the process. • s:council:lua95-4 Memo to City Council Page 3 May 15, 1995 PLANNING COMMISSION RECOMMENDATION • The Planning Commission felt the proposed development was too intense, created a traffic problem, and had a direct impact on the surrounding residential area. These concerns, along with comments presented by residents and findings outlined in staff s memo, were the basis for denying the land use plan amendment and rezoning request. Prior to this recommendation, Commissioner Kreger suggested tabling the application and having the applicant meet with the residents to modify the proposed plan. Commissioner Kreger offered a list of suggestions in revising the plans, however, this suggestion was not supported by the Planning Commission (please refer to the Planning Commission minutes for further details). After reviewing and giving full consideration of the land use plan amendment and rezoning, staff submits the following conclusions: • The proposed development has characteristics of a regional retail business and is therefore, too intense for this particular pazcel. This type of development would better serve the community in another location where making infrastructure improvements will create less of an impact on surrounding properties and/or necessary improvements may be planned for sometime in the future. • • The proposed rezoning and land use plan change would impact the character and integrity of surrounding residential areas. • The necessary transportation improvements, including a frontage road extending north of 193rd to the development, would be detrimental to the four single family homes along Holt and others in the general vicinity. • An alternative development for Outlot A with land use other than commercial may not require a frontage road and be more compatible with the surrounding azea. • The Steering Committee has not yet identified the commercial and industrial growth areas and, therefore, this proposal may be inconsistent with the comprehensive plan's goals and policies. • The subject property is separated by an existing residential azea from the commercial comdor south of 193rd; therefore, the rezoning and comprehensive plan amendment to commercial would not be a logical extension of the regional-type commercial developments that are occurring south of 193rd Avenue. s:council:lua95-4 Mem° to City Council Page 4 May 15, 1995 RECOMMENDATION • It is recommended that the City Council consider one of the following: 1. Deny the comprehensive land use plan amendment and rezoning based on the fmdings mentioned above. 2. Recommend the plans be revised by reducing the amount of commercial and send the applications back to the Planning Commission for consideration. 3. Approve the comprehensive land use plan amendment to HB (Highway Business) and rezoning to PUD (Planned Unit Development) based on the concept plan with certain conditions. The City Council may wish to consider the following conditions for the concept plan: 1. The green space along Irving Street be a minimum of 40 feet wide and include a 5' to 6' berm with extensive landscaping, providing a natural buffer between the commercial project and residential area. 2. Signage for the development should be designed to minimize the possible impact on surrounding residential uses. The following guidelines should be followed: • • No wall or free-standing signage be pemutted along Irving Street and 197th Avenue. • One free-standing sign be allowed for each developable lot. • Free-standing signs be of a monument style with a maximum height that will be sensitive to the surrouding azea and consistent with recent developments along Highway 169. All loading berths/azeas be screened 100% from all residential properties and public rights-of--way. 4. Storm water retention areas be constructed in location(s) that will not require the removal of trees. Furthermore, retention ponds within setbacks/landscaped areas along Holt Street should be discouraged. 5. The planned unit development include the development of only Lot 1, Block 2, and be limited to one "big box" general retail user. If a multi- tenant strip center is considered at a later date in place of the single user, an amendment to the concept plan must be reviewed by the Planning Commission and City Council. • s:council:lua95-4 Memo to City Council Page 5 May 15, 1995 6. No outdoor storage, displaying of merchandise, or open sales azea be . allowed unless made part of and incorporated into the architectural design of the building. Developer be responsible for paying fair shaze of all required off-site improvements in order to develop the subject property. These improvements shall be outlined and made part of the developer's agreement. 8. All pazking lot and building lighting be down-lit and directed away from surrounding properties. 9. No vehicle access to Lot 1, Block 2, shall be allowed from Irving Avenue. If the City Council approves the land use plan amendment and rezoning applicafions, staff would suggest the Council direct staff to prepare the appropriate resolution and ordinance documents for Council consideration at their next meeting. • s:council:lua95-4 City Council Meeting Page 6 May 15, 1995 4. AN ADDITIONAL 17 FOOT OF RIGHT-OF-WAY ALONG COUNTY ROAD 32 BE GRANTED TO THE COUNTY. • COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 8.5 Dennis Anderson Reauest for Comprehensive Land Use Designation From Medium Density Residential to Hiahwav Business, Public Hearing, Case No. LUA 95-04 8.6 Dennis Anderson Request for Rezoning from Single Family Residential to Planned Unit Development, Public Hearing. Case No. ZC 95-04 8.7 Dennis Anderson Reauest for a Conditional Use Permit for a Commercial Planned Unit Development, Public Hearing, Case No. CU 95-0b (this item will not be considered at this timel. City Planner Steve Ach stated that Dennis Anderson is requesting a comprehensive land use plan amendment changing the land use from MR (Medium Density Residential) to HB (Highway Business Residential) for Outlot A Brentwood subdivision located on the southwest corner of 197th Avenue and Highway 169. Steve Ach further stated that Dennis Anderson is requesting a rezoning of the same parcel of property from R1C (Single Pamily Residential) to PUD (Planned Unit Development) based on the submitted concept plan. Steve Ach reviewed the staff report regarding these iwo requests. Steve Ach stated that staff recommends that the Ciiy Council consider one of three actions: • 1. Deny the comprehensive land use plan amendment and rezoning. 2. Recommend that the plans be revised by reducing the amount of commercial and send the applications back to the Planning Commission for consideration. 3. Approve the comprehensive land use plan amendment based on the concept plan with certain conditions. Steve Ach stated that the Planning Commission felt that the proposed development was too intense and created a traffic problem and would have a direct impact on the surrounding residential area. The Planning Commission voted to recommend denial of the requests. Mayor Duitsman opened the public hearing. Dennis Anderson owner of Outlot A stated that the planned use for Outlot A has always been some type of Highway use. He indicated that it is his intent to effect as tew homes as possible in the sunounding area. He stated that it has never been his intention to use Outlot A as residential. Ron Peterson, 11625 197th Avenue North, indicoted his opposition to the proposed request for rezoning and land use amendment. He indicated that at one point Outlot A was designed as a residential area. He further stated he felt that the commercial plan is inconsistent with the character of the Brentwood subdivision. City Council Meeting May 15, 1995 Page 7 led Travica, 19702 Irving Street, indicated his opposition to the request for land use amendment and rezoning. He stated that the allowing of a commercial use • would be an inhusion to the homes in the area. Mr. Travica provided a letter to the members of the City Council which will be made a part of the official record of this Council meeting. Dale Miller, 11795 196th Avenue NW, indicated his opposition to the request. He stated that he was told that Outlot A was going to be parks, townhouses, or single family dwellings. He indicated he would not have purchased a lot if he had been aware of the proposed commercial developments. AI Fischer, 11946 196th Circle, stated his opposition to the request. He indicated he had been informed that Outlot A was not intended for commercial development. He further stated that he would not have purchased his property hod he been aware of the fact that Outlot A may be developed as commercial. Wayne Traaseth, 11707 194th Avenue NW, indicated his opposition to the request. He stated his concern regarding the amount of traffic that would be generated by the rezoning. He indicated that rezoning of the property to allow commercial development would devalue the surrounding residential property. Bob Sturgis, 11789 197th Avenue NW, indicated his opposition to the request. He stated that the Steering Committee has not yet reviewed the future commercial growth areas of the City. He further indicated his concern regarding traffic in the area. Phil Johnson, 19440 Holt Avenue, indicated his opposition to the request. He • indicated that a rezoning to allow commercial development would adversely affect the residential neighborhood. He further indicated that commercial development would require sewer and water and stated that the extension of sewer and water to his neighborhood would negatively affect his property. Mr. Johnson discussed the issue of traffic routes to access the mall. He stated that he is concerned regarding the safety of the children as residential streets would be used as routes to access the mall. Michael Fox, 11747 197th Avenue, indicated his opposition to the request. He stated that property values would be negatively affected. He further indicated his concern regarding the safety of the children and the value of the homes in the area. Jenny Stone, 19783 Lowell Avenue, indicated her opposition to the request. William Jones, 11763 194th Avenue, indicated his opposition to the request. He stated that he knows of no other cities that build malls next to residential areas. Rolfe Anderson, 19411 Irving Circle, indicated his opposition to the request. He stated that the intersection of 193rd Avenue and Highway 169 is creating a hazard for the children to cross Highway 169. He indicated he would rather see residential development along the highway. There being no further comments, Mayor Duitsman closed the public hearing. • City Council Meeting May 15, 1995 Page 8 Councilmember Scheel indicoted that she is aware of several communities that have built shopping malls next to residential areas. She stated that this is not an • unusual case. She further indicated that according to a covenant for the Brentwood area dated 1981, Outlot A was not proposed for residential development. Councilmember Farber spoke of the concem regarding the impact traffic would have in the Brentwood area if the property were rezoned for commercial use. Councilmember Farber indicated that he did not feel that area warranted commercial development. He indicated he was opposed to the request. Councilmember Holmgren spoke about the decision of the Council to not want commercial development to the west of the City due to the Business Park and further indicated that there is no sewer and water to the east of the City along Highway 1U. He indicated this leaves only Highway 169 for commercial development at the present time. He stated he felt this issue should go back to the Planning Commission for review and further stated that he was not convinced that Outlot A should only be developed as residential property. Mayor Duitsman stated that he felt commercial development could go up to 197th Avenue. He indicated that he is concerned about protecting the residents in the area with some type of a buffer from the commercial development. He further indicated he did not feel that Outlot A was a residential piece of property. Councilmember Dietz voiced his support for Planning Commission members and their review of this proposal. He indicated that he felt the City would also be receiving a request. from developers on the east side of Highway 169 to extend • commercial development up to 197th Avenue. He further stated that he felt Outlot A was conducive to commercial development, however, he indicated that he disagreed with the proposed concept for a big box retailer in that area. Councilmember Dietz stated that Elk Park Valu Center is surrounded by iwo major roads whereas this property is surrounded only by one major road and residential property. He stated that because of that, he would like to see the developer submit a revised, down-sized concept. He stated that commercial development will go north of 193rd Avenue in this area as the City has a commercial site next to Holt Avenue that it plans to sell in the future. Councilmember Dietz stated that there must be some type of buffer between large commercial development and residential areas. The City Council discussed the size of commercial building that should be proposed for Outlot A. Affer much discussion, it was decided that there would be no need for the developer to return to the Planning Commission with new plans. However, the developer should submit revised plans to the City Council for review. COUNCILMEMBER SCHEEL MOVED TO CONTINUE ITEMS 8.5. AND 8.6. TO THE JUNE 5, 1995, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Farber and Dietz opposed. •