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City Council Minutes September 18, 2017 Page 7 aware of covenants for the development limiting gas stations and enforcement would be a private matter between the residents and the developer. He added if the Council denies the application they must present findings of fact based on evidence. He noted staff has not identified any factual reasons for denial. Councilmember Olsen indicated the PUD agreement identified permitted and conditional uses but does not state gas stations or convenience stores are prohibited. He believes if the intent of the developer would have been to prohibit gas stations that would have been done in the agreement. Councilmember Wagner asked Mr. Carlton to put the PUD Agreement on the screen for residents to see. Councilmember Westgaard offered the following comments: ■ Nothing has changed since original development. This area was always intended to have commercial across from townhomes. ■ Other stations in the city in same situation across from residences (Beaudry on Proctor Avenue and the BP station on 197h Avenue) • MnDOT restricts access to Highway 10 and forces traffic to other streets, including Yale. ■ Possibly talk to the Police Department and city engineer about traffic concerns. If the residents desire a pedestrian connection staff will research but he doesn't feel it is the applicant's responsibility. ■ Difficult time finding facts to deny as property is properly zoned and meets intent of the area. • Would like to see Casey's partner with the residents but cannot force them. Mayor Dietz offered the following comments: ■ The city cannot prohibit the public from using a public street. • If Casey's is denied another user will come in. • Corner of major highway, location meant to take in a lot of traffic. ■ Seems like natural fit for area ■ Hope Casey's will work to minimize headlight issues. • Traffic situation isn't ideal but wouldn't move the stop sign unless the homeowner's association is in favor. Councilmember Ovall commended the residents, staff, and counsel for their well - articulated comments. He stated he would have liked to see the city engineer here this evening to address resident concerns about traffic. He concurred with previous comments made by other councilmembers. Mayor Dietz suggested adding a condition requesting the applicant work with the city and the homeowner's association to develop a landscape plan for the median to help mitigate the headlight issue. He asked if the applicant is agreeable. Mr. Coyle nodded yes on behalf of Casey's. IIrEAEI BI ATU�