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I I , I I I I I I .. I I I I I I I I" I Arden Hills Council 4 January 31, 1994 desire to encourage the closure of this use by amortizing its operation over the next 5 years; or a longer period of time as determined by the Planning Commission and then recommended to the Council. Councilmember Probst stated he favored alternative #1 which is to approve an amendment to the Land Use Chart and create a new use "Bus Terminal" and permit it within the R-1 district by SUP, and include the addition to Section X, Special Provisions, of the ordinance as outlined in the Planners report of November 22, 1993. Probst further stated he was not in favor of amortizing because of a possible City financial exposure. Many key components are undetermined at this time which include the period of time, depreciation and relocation costs. Mayor Sather noted there are several options to consider. MOTION: Probst moved, seconded by Hicks to first deny the request for Rezoning as it is inappropriate for this location; and second to approve the Special Use Permit. Mayor Sather commented that he has a concern that although the applicants were denied the request for rezoning, the applicants did not formally appeal that decision to this body. If Council takes action on the motion that is before the bench at this time, we are limiting the due process option to the applicants through a negotiating process whereby zoning may become or change in zoning may become either a) a preferred alternative or b) the preferred alternative. By the Council taking action on the rezoning at this time, it would eliminate the opportunity for the applicants for appearing for a minimum period of six months. As a housekeeping measure, the ratification of the Planning Commission's denial request for rezoning may under normal circumstances be appropriate, however, under the circumstances before the Council at this time, the Council may in fact be taking away a due process option should the applicant choose to exercise this option. MOTION: Hicks moved to withdraw his second to the motion. Probst moved to withdraw his motion for the both the Rezoning and Special Use Permit. Discussion followed regarding the Planning Commission'S tie vote to the Comprehensive Plan amendment. Mayor Sather outlined the options of either a termination agreement through amortization, or the Special Use Permit option which could allow the use as it is today to become