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EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was duly held on the 13th day of August, 2018, at 6:00 p.m. The following members were present: Willmus, Laliberte, Etten, McGehee and Roe; and none were absent. Member McGehee introduced the following resolution and moved its adoption: RESOLUTION No. 11511-A A RESOLUTION AMENDING A CONDITIONAL USE FOR CHICK-FIL-A AT THE HARMAR MALL (PF18-005) WHEREAS, on May 7, 2018, the City Council of the City of Roseville approved a conditional use of a drive-through for a proposed restaurant at HarMar Mall, known as Chick- Fil-A,by way of Resolution No. 11511; and, WHEREAS, one condition mandated by the City Council for such use was as follows: "Mall ownership and the applicant's ownership shall execute and record a parking allocation agreement so as to provide no less than 42 parking stalls for the exclusive use of the applicant's customers." ("Condition#2"); and, WHEREAS, on August 6, 2018, the applicant and City staff provided testimony and facts to the City Council describing that such condition is not able to be met because of existing tenant contracts and that such condition is not expected to materially protect and/or improve vehicular traffic patterns or pedestrian safety at said location; and WHEREAS, the City Council desires to amend its previously approved conditional use for the said property: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Roseville hereby AMENDS Resolution No. 11511 as follows: 1. Condition#2 is stricken from the Conditional Use governing the subject property and the applicant and Mall ownership are no longer required to comply with the same; 2. Resolution No. 11511 remains in full force and effect in all other respects. The motion for the adoption of the foregoing resolution was duly seconded by Member Etten and upon vote being taken thereon,the following voted in favor thereof: Laliberte,Etten, McGehee, and Roe; and Willmus voted against. WHEREUPON said resolution was declared duly passed and adopted.