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<br />Elk River City Council Meeting <br />October 26, 1993 <br /> <br />Page 11 <br /> <br />---------~----------- <br /> <br />e <br /> <br />could negotiate with MnDOT for an entrance off of Highway 169 instead <br />of School street. Councilmember Farber indicated he would vote in <br />opposition to the request. <br /> <br />Dan Tveite, Planning Commission Representative, indicated it was the <br />op~n~on of the Planning commission that the seven requirements <br />necessary to approve a conditional use permit have been met, and <br />further, that the feasibility study will address the safety, traffic, <br />and drainage concerns. He stated that the Planning commission <br />unanimously recommended approval of the conditional use permit and <br />preliminary plat. <br /> <br />COUNCILMEMBER FARBER MOVED TO DENY THE CONDITIONAL USE PERMIT FOR THE <br />PROPOSED PLANNED UNIT DEVELOPMENT OF ELK PARK CENTER AS THE PROPOSED <br />PUD WOULD ADVERSELY AFFECT THE PROPERTY ADJACENT TO THE LAND AREA BEING <br />DEVELOPED; THE PROPOSED PUD WOULD ADVERSELY AFFECT THE EXISTING SCHOOLS <br />AND THE STREET ADJACENT TO THE PROPOSED PUD; THE PLANNED UNIT <br />DEVELOPMENT AS PROPOSED DOES NOT COMPLY WITH THE SEVEN STANDARDS <br />REQUIRED IN SECTION 900.42 OF THE ELK RIVER CITY ORDINANCE. <br />COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. <br />Mayor Duitsman and Councilmember Dietz opposed. <br /> <br />e <br /> <br />COUNCILMEMBER FARBER MOVED TO DENY THE APPLICANTS REQUEST FOR A <br />PRELIMINARY PLAT BASED ON THE FINDINGS THAT A CONDITIONAL USE PERMIT <br />HAS NOT BEEN APPROVED FOR THE PLANNED UNIT DEVELOPMENT. COUNCILMEMBER <br />HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman <br />and Councilmember Dietz opposed. <br /> <br />City Attorney Peter Beck stated it is his understanding that the <br />Council voted to deny the request rather than direct staff to prepare a <br />resolution stating the findings of fact for denial. Councilmember <br />Farber indicated that it was his intention to direct staff to prepare a <br />resolution. The City Attorney suggested that the motion be amended to <br />reflect Councilmember Farber's intention of drafting a resolution. <br /> <br />COUNCILMEMBER FARBER MOVED TO AMEND THE MOTION ON THE CONDITIONAL USE <br />PERMIT TO DIRECT STAFF TO PREPARE FINDINGS OF FACT IN A RESOLUTION OF <br />DENIAL FOR CONSIDERATION BY THE COUNCIL ON NOVEMBER 15, 1993. <br />COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. <br />Mayor Duitsman and Councilmember Dietz opposed. <br /> <br />COUNCILMEMBER FARBER MOVED TO AMEND THE MOTION <br />TO DIRECT STAFF TO PREPARE FINDINGS OF FACT <br />CONSIDERED BY THE COUNCIL ON NOVEMBER 15, 1993. <br />SECONDED THE MOTION. THE MOTION CARRIED 3-2. <br />Councilmember Dietz opposed. <br /> <br />ON THE PRELIMINARY PLAT <br />BY RESOLUTION TO BE <br />COUNCILMEMBER HOLMGREN <br />Mayor Duitsman and <br /> <br />e <br />