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City Council Minutes February 18, 1982 Page Three Mayor Hinkle asked the members of the audience how they felt overall about the project and not about specific details within the project. Me LaRock indicated that he felt the concept was generally acceptable. Ms. Hipp questioned the Council on the level of committment the developer would have once this concept was approved. The City Administrator indicated that after Planning Commission and City Council approval of the planned unit development, the developer would be committed to constructing what was proposed unless a formal amendment was requested from the City. Councilman Toth questioned the establishment of a buffer area on the west side of the planned unit development, if Mr. Barthel would. not be owning or controlling this portion of the planned unit develop- ment.. The City Administrator indicated that the developer's agreement for the PUD concept presented would be with both Mr. Barthel and Mr. Dietz as the joint or co-owners of the parcel. The buffer would be specifically mentioned in the agreement and the timing for the establishment of the buffer would also be specifically mentioned in the agreement. Councilman Schuldt asked what types of businesses would be located in the shopping center and was informed that a grocery stroe, a drug store and pos- siblya,hardware store would be located in the center. Laura Manski of Bar- thel Realty, indicated that the building is not completely leased at this point in time, hut that the size of the building does not allow for a large department store to be located in the facility. Councilman Duitsman indicated his support for a right on and right off turn lane to Highway 11169 and asked that the City make a formal request to the State for such a turn lane. The City Administrator indicated that the State is expecting such a request for a turn lane from the City of Elk River. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CONCEPT AS PRESENTED AND THAT THE STAFF BE DIRECTED TO CONTACT THE MINNESOTA DEPARTMENT OF TRANSPORTATION RE- GARDING THE ESTABLISHMENT OF A RIGHT ON AND RIGHT OFF TURN LANE TO SERVICE THE PLANNED UNIT DEVELOPMENT ON HIGHWAY #169. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. .Dickenson Zone Change Request Mayor Hinkle briefly reviewed the history involved in the Dickenson zone change request for the members of the Council and the audience. Mayor Hinkle indi- cated that while he would like to be able to help Mr. Dickenson out of his present dilemma, he was not aware of a method available to assist Mr. Dicken- son. Councilman Schuldt indicated that both the staff and the Planning Commis- sion recommended denial and also that a strip along Highway H169 not be re- zoned to Commercial. Councilman Schuldt indicated that to rezone the area would cause problems with the neighbors and the precedent established, and as such, COUNCILMAN SCHULDT MOVED TO DENY THE DICKENSON ZONE CHANGE REQUEST FROM R-lB TO C-3. MAYOR HINKLE SECONDED THE MOTION. Councilmembers Toth and Duitsman both indicated they were not in favor of spot zoning but in this instance, must consider the business and if necessary, might consider a spot zone to assist Mr. Dickenson. Councilman Schuldt indicated that a spot zone would cause considerable problems and establish a poor precedent.Coun- cilmember Toth indicated that the COuncil should be able to say yes or no without