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City Council Minutes <br />November 7, 2016 <br />Page 3 <br />Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor <br />Dietz closed the public hearing. <br />Moved by Councilmember Westgaard and seconded by Councilmember Wagner to <br />adopt Resolution 16-71, granting Final Plat for Elk Path Business Center Sixth <br />Addition, Case No. P 16-17 with the following conditions: <br />1. All comments in the Engineer's Memo dated October 4, 2016, shall be <br />addressed. <br />2. All comments in the Stormwater Coordinator's Memo dated October 4, 2016, <br />shall be addressed. <br />3. All comments in the MnDOT Senior Planner's Memo dated October 12, 2016, <br />shall be addressed. <br />4. Surface Water Management Fee be paid in the amount required by the city prior <br />to releasing the Final Plat for recording. (currently $1,326/acre) <br />5. Park Dedication shall be paid in the form of cash for 2.94 acres at the City <br />Council established rate when the subdivision is released for recording. The <br />current rate is 8% of the county assessed value which equates to $17,925 for this <br />application. Staff will determine the final amount when the plat is released for <br />recording. <br />6. The Final Plat shall not be recorded until the aforementioned conditions have <br />been completed. <br />7. No permits shall be issued until the Final Plat is recorded. <br />8. Failure of the subdivider to submit the final plat within one year, unless a <br />written request for extension has been submitted and for good cause granted by <br />the council, shall cause the preliminary plat to become null and void. However, <br />the subdivider may continue to final plat a phase of the approved preliminary <br />plat within one year of each phase in order to extend valid approval of the <br />preliminary plat. <br />Motion carried 5-0. <br />7.2 Commercial Kennel Ordinance <br />Ms. Simon presented the staff report. <br />Mayor Dietz opened the public hearing. <br />John Madsen, applicant — stated that staff recommended 14 days maximum overnight <br />stay, but Planning Commission recommends 30 days. He asked how an exception could <br />be allowed for those rare circumstances when longer than 30 days is needed, such as <br />someone on an extended vacation, or undergoing treatment for health reasons. He stated <br />he would recommend foster care for anyone needed more than 30 days because it would <br />be more cost-effective for them, but he would like to be able to make an exception for <br />special circumstances. <br />P 0 1 t R I I I I <br />ATURE <br />