6.5. SR 03-15-2010 - Laserfiche WebLink

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Cit~r Council Minutes Feb~.uazy 1 G, 2010 Page 4 building from a PUD to a C3 zone change. He suggested that exception #14 be removed from the PUD requirements. Mayor I~linzing closed the public hearing. Mayor I~li.nzing ques~.oned why the PUD couldn't be amended to eliminate exception #14 and why staff didn't consider this approacl~ 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 tl~.e 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 tlae correct solution from an overall planning process. The Council disagreed since their alread~T decided to review the entire area at a previous meeting. Council noted the~r didn't want to hold the applicant up but stated they would life to see the PUD amended. Mr. Becl~ noted that tl~e 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 tlae 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, N1[OVED BY COUNCILNIENIBER ZERwAS AND SECONDED BY COUNCILNIENYBER GUNIPHR.EY TO DENYTHE REQUEST TO A1~END THE CITY OF ELIK RIVER BONING NIA.P TO REDONE CERTAIN PROPERTIES, AS DESCRIBED, PER CASE N0. ~C 1~-01 FRONT PUT] TO C3. MOTION CARRIED 5-0. MOVED BY COUNCILNIEIVIBER ZERwAS AND SECONDED BY COUNCILNIENIBER GUNIPHREY TODIRECT STAFF TO .AMEND THE ELI RIVER PLA.~A PLANNED UNIT DEVELOPMENT .AGREEMENT TO RENT®VE THE RESTRICTION ON THE USE FOR. PARCEL L AND 'TO ISSUE BUILDING PERI~I~TS TO THE GYNI LOCATED AT 5IS-5Z0 FREEPORT STREET, NIOTTON CARRIED 5-0. G.3. Reauef or Conditsonal Use permi~_ and_Lice~se Amendments by haste ~na~ement Ms. Haug presented the staf rt. She reviewed t roposed changes to the conditional use permit and the solid waste facility ' nse noted in her report. Mayor I~linzing opened the pub ~ eating. Deb Walters, Elk Riv andf~ll representative, 224GO Highwa 9 --Stated she agreed with staffs chap on all items, Slae stated she disagreed with Item ' in tl~e draft resolution a oving the application of Elk River Landfill, Inc. for an amen conditional use per 'and license for the existing Elk River Landfill because it is currently pe 'ng i.n co as a legal issue.