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<br />rei ~\j <br />( ); <br />tfil <br /> <br />ITEM 6.1. <br /> <br /> <br />TO: <br /> <br />River <br /> <br />FROM: <br /> <br />MAYOR AND CITY COUNCIL <br /> <br />PATRICK KLAERS, CITY ~~~AT <br /> <br />NOVEMBER 12, 1993 {:~ <br /> <br />CONSIDER RESOLUTIONS OF DENIAL OF <br />THE CONDITIONAL USE PERMIT AND <br />PRELIMINARY PLAT FOR ELK PARK <br />CENTER <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br />Attached for your information is a statement from the Mayor, <br />Hank Duitsman; correspondence from the Attorney for the <br />developer; the resolution for denial; and three letters <br />addressed to the Council. The Mayor's letter requests that <br />action on this resolution be delayed until 12/13/93 when he can <br />be in attendance. The information from the Attorney for the <br />developers also requests that action on this resolution be <br />delayed until 12/13/93. However, Kraus-Anderson is also <br />requesting that the City Council consider holding a public <br />hearing on 12/13/93 in order to review a revised proposal that <br />addresses the issues identified in the resolution for denial. <br /> <br />. <br /> <br />The Resolution for Denial has been prepared by the City <br />Attorney from the minutes of the 10/26/93 public hearing. <br />Regardless of what other action the City Council takes, the <br />Council should review this resolution to be sure that it is <br />accurate and complete, and have the City Attorney make any <br />corrections or additions before action is taken on the <br />Resolution. <br /> <br />The City Council has a number of options available to them at <br />the 11/15/93 City Council meeting. One option is to adopt the <br />Resolution for Denial as prepared, or as revised at the <br />meeting. The second option is to table consideration of this <br />Resolution to 12/13/93 per the request of the Mayor. A third <br />option is to table consideration of this resolution to 12/13/93 <br />and to schedule a public hearing on a revised proposal, as <br />requested by the Developer for that date. If action on the <br />Resolution is continued, the City Council should direct the <br />City Attorney to make any corrections or additions to the <br />Resolution before the 12/13/93 City Council meeting. <br /> <br />. <br /> <br />If the City Council decides to continue the matter for a public <br />hearing on 12/13/93, there would be no need to take testimony <br />at the 11/15/93 meeting. The Developer would be given an <br />opportunity to present the revisions to the proposal on <br />12/13/93, and the public would be heard on those revisions at <br />that time. If this is the decision of the City Council, staff <br />would like some direction from the Council as to whether staff <br />should work with the citizens, the developers, MnDOT <br />representatives, etc., to address the issues identified in the <br />Resolution for Denial. Staff will not get involved in this <br />process unless directed by the City Council to do so. <br /> <br />P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br />