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City Council Minutes Page 6 February 4, 2013 REMOVING THE LAWN FERTILIZER APPLICATOR LICENSING REQUIREMENT FOR COUNCIL CONSIDERATION AT A FUTURE MEETING. MOTION CARRIED 4 -0. 8.2 Conditional Use Permit: Cornerstone Auto Resource for Motor Vehicle Specialty Shop at 17219 US Highway 10 NW. Case No. CU 13 -01 Mr. Barnhart presented the staff report. A handout was provided outlining the options for the repayment term. He asked council to approve the agreement, agree on the repayment term, and review and adopt the resolution formally approving the oil change facility. Councilmember Westgaard asked if the applicant was agreeable to the proposed agreement terms. Mr. Barnhart stated he sent the applicant the agreement and the handout outlining the repayment term options and the applicant stated they had no issues with it. Councilmember Motin proposed rewording item #4 in the agreement to read the following: "Cornerstone further agrees that it will not seek and will not be entitled to any additional signage beyond the signage currently in place on the main dealership building and the signage approved for the oil change facility. This condition can only be revised by an amended conditional use permit which amends this Agreement." After brief discussion and clarification, Council agreed to a four year repayment term for the period of 2013 to 2016 along with the rewording of item #4 as written above. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGREEMENT BETWEEN CORNERSTONE AUTO RESOURCE AND THE CITY OF ELK RIVER FOR PAYMENT OF STORM WATER MANAGEMENT AND PARK DEDICATION FEES AS OUTLINED IN THE STAFF REPORT AND WITH THE CHANGE TO ITEM 4 AS FOLLOWS: "CORNERSTONE FURTHER AGREES THAT IT WILL NOT SEEK AND WILL NOT BE ENTITLED TO ANY ADDITIONAL SIGNAGE BEYOND THE SIGNAGE CURRENTLY IN PLACE ON THE MAIN DEALERSHIP BUILDING AND THE SIGNAGE APPROVED FOR THE OIL CHANGE FACILITY. THIS CONDITION CAN ONLY BE REVISED BY AN AMENDED CONDITIONAL USE PERMIT WHICH AMENDS THIS AGREEMENT." MOTION CARRIED 4 -0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13 -08 APPROVING THE CONDITIONAL USE PERMIT AMENDMENT ALLOWING THE OIL CHANGE FACILITY FOR CORNERSTONE AUTO RESOURCE AT 17219 US HIGHWAY 109 NW, CASE NO CU 13 -01, AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4 -0. Mr. Rohlf asked the council if a building permit could be issued right away. He stated the plat was currently at the Sherburne County for review and signing, and would soon be recorded. He stated it would take around a week to finalize the plat but he wished for construction of the project to begin immediately.