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