4.1.b DRAFT MINUTES 03-01-2010 - Laserfiche WebLink

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City Council Minu#es Febzua~y ~ G, 20 ~ 0 Page 4 building from a PUD to a C3 zone change. He suggested that exception #14 be xemoved from the PUD requirements. Mayor Klinzing closed the public hearing. Mayor K.1i.nzing questioned why the PL1D couldn't be amended to eliminate exception #14 and why staff didn't consider this approach because it would've been easier. Mr. Leeseberg stated the applicant didn't submit an application to amend the PUD but rather to rezone to C3. He stated she could re-apply for a PUD but the timeframe would be extended due to public hearing notice requirements. Mr, Leeseberg stated it would have been easier to amend the PUD but didn't feel it was the correct solution from an overall planning process. The Council disagreed since they already decided to review the entire area at a previous meeting. Council noted they didn't want to hold the applicant up but stated they would like to see the PUD amended. Mr. Beck noted that the city would need to follow procedure in order to amend the PUD, He suggested making a motion to deny the request and direct staff to amend the PUD so the applicant would not need to re-apply. He stated Council could direct staff to authorize the building permits but the building couldn't be occupied until the PUD amendment was approved, M®VED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TD DENY THE REQUEST TO AMEND THE CITY OF ELR RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES, AS DESCRIBED, PER CASE NO. ZC 10-41 FROM PUD TD C3. M®TI®N CARRIED 5r0, MOVED BY COUNCILMEMBER ZERwAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO DIRECT STAFF TO AMEND THE ELF RIVER PLAZA PLANNED UNIT DEVELOPMENT AGREEMENT TG REMOVE THE RESTRICTION ON THE USE FOR. PARCEL L AND TD ISSUE BUILDING PERMITS TD THE GYM LOCATED AT 51~-5ZQ FREEPORT STREET, MOTION CARRIED 5-D. 6.3. Re uest for Conditional Use Permit and License Amendment b Waste Mana ement for Elk River Landfill Case, No. CU,-~„0-02, Publlc~~e Ms. Haug presented the staff report, She reviewed the proposed changes to the conditional use permit and the solid waste facility license as noted in her report. Mayor I~linzing opened the public hearing, Deb waltet~s, Ells River Landfill representative, 22460 Highway IG9 -~ Stated she agreed with staffs changes on all items, S11e stated she disagreed with Item # I ~i} in the draft resolution approving the application of Elk River Landfill, Inc. for an amended conditional use permit and license for the existing Elk River Landfill because it is currently pending in court as a legal is sue.