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City Council Minutes February 16, 2010 Page 4 building from a PUD to a C3 zone change. He suggested that exception #14 be removed • from the PUD requirements. Mayor Klinzing closed the public hearing. Mayor Klinzing questioned why the PUD couldn't be amended to eliminate exception #14 and why staff didn't consider this approach because it would've been easier. Mr. Leeseberg stated the applicant didn't submit an application to amend the PUD but rather to rezone to C3. He stated she could re-apply for a PUD but the timeframe would be extended due to public hearing notice requirements. Mr. Leeseberg stated it would have been easier to amend the PUD but didn't feel it was the correct solution from an overall planning process. The Council disagreed since they already decided to review the entire area at a previous meeting. Council noted they didn't want to hold the applicant up but stated they would like to see the PUD amended. Mr. Beck noted that the city would need to follow procedure in order to amend the PUD. He suggested making a motion to deny the request and direct staff to amend the PUD so the applicant would not need to re-apply. He stated Council could direct staff to authorize the building permits but the building couldn't be occupied until the PUD amendment was approved. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO DENY THE REQUEST TO AMEND • THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES, AS DESCRIBED, PER CASE NO. ZC 10-01 FROM PUD TO C3. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO DIRECT STAFF TO AMEND THE ELK RNER PLAZA PLANNED UNIT DEVELOPMENT AGREEMENT TO REMOVE THE RESTRICTION ON THE USE FOR PARCEL L AND TO ISSUE BUILDING PERMITS TO THE GYM LOCATED AT 518-520 FREEPORT STREET. MOTION CARRIED 5-0. 6.3. Reg_uest for Conditional Use Permit and License (Amendment) by Waste Management for Elk River Landfill Case No. CU 10-02 Public Hearin Ms. Haug presented the staff report. She reviewed the proposed changes to the conditional use permit and the solid waste facility license as noted in her report. Mayor Klinzing opened the public hearing. Deb Walters, Elk River Landfill representative, 22460 Highway 169 -Stated she agreed with staffs changes on all items. She stated she disagreed with Item # 1(i) in the draft resolution approving the application of Elk River Landfill, Inc. for an amended conditional use permit and license for the existing Elk River Landfill because it is currently pending in court as a legal issue. •