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<br />Elk River City Council Meeting <br />November 21, 1994 <br /> <br />Page 8 <br /> <br />e <br /> <br />indicated that requiring a performance guaranty places another financial <br />constraint on the project. <br /> <br />Steve Ach responded to these issues. He indicated that clear cutting could be <br />incorporated into the review process. He further stated that the performance <br />guaranty could be reviewed as part of the developers and PUD agreement. <br /> <br />Earl Hohlen questioned why he was required to obtain a permit to move dirt on <br />his property. Steve Ach commented and requested Mr. Hohlen to contact him <br />during business hours regarding this issue. <br /> <br />There being no further comments, Mayor Duitsman closed the public hearing. <br /> <br />After further discussion, it was the consensus of the Council that Councilmembers <br />with concerns regarding this proposed ordinance amendment send their <br />concerns in writing to the Planning Department for further review. It was further <br />the consensus that the Planning Commission review this ordinance prior to the <br />City Council. <br /> <br />COUNCILMEMBER SCHEEL MOVED TO CONTINUE THIS ISSUE TO A CITY COUNCIL <br />MEETING IN JANUARY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE <br />MOTION CARRIED 5-0. <br /> <br />7.6/7.7 Preliminary Plat and Conditional Use Permit Request by Elk River Develooment, <br />Inc./P .H., Case No. P 94-10 and CU 94-30 <br /> <br />e <br /> <br />Steve Ach indicated that Elk River Development, Inc., is requesting a preliminary <br />plat and a conditional use permit to develop a commercial planned unit <br />development at the northeast corner of Elk Hills Drive and US Highway 169. Steve <br />Ach presented the staff report for the conditional use permit and preliminary plat. <br /> <br />Mayor Duitsman opened the public hearing. <br /> <br />Bruce Peterson, Shopping Center developer, indicated his concern regarding the <br />left turn movement (northbound) onto Dodge Street. He indicated that they <br />would prefer to see a designated left turn lane and stop sign on Dodge A venue <br />and Elk Hills Drive. He further indicated his concern regarding the assessments for <br />these improvements. He stated that it has been suggested that the developer is <br />responsible for 100% of the upgrading of Dodge Street and 50% of the upgrading <br />of Bk Hills Drive. He stated that the developer has no problem with the 100% <br />upgrade on Dodge Street, however, the developer does have a problem with <br />the 50% estimated cost upgrade {or Elk Hills Drive. He stated that the developer <br />feels that the area south of Elk Hills Drive has far more benefit and commercial <br />development. He stated he felt that his development would not receive more <br />than 25% of the benefit. <br /> <br />Mayor Duitsman requested the City Engineer to review the proposed traffic plan. <br /> <br />Arlon Fuchs, 266 Elk Hills Drive, commented on the existing traffic conditions. <br /> <br />e <br /> <br />Ed Woods, 18857 Dodge Street, indicated his concern regarding the traffic and <br />danger to the children. He further indicated his concern regarding a Perkins <br />Restaurant and the fact that most Perkins Restaurants are open 24 hours per day. <br />