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City Council Minutes Page 10 <br />August 20, 2001 <br />----------------------------- <br /> <br />7.A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST <br />OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br /> <br />8.THE APPLICANT SHALL EXECUTE A DEVELOPER’S AGREEMENT <br />OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. <br /> <br /> <br />9.THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER <br />MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. <br /> <br /> <br />10.THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE <br />FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE <br />COVER. <br /> <br /> <br />11.THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK <br />BOUNDARIES WITH THE CITY’S PARK BOUNDARY SIGNS. <br /> <br /> <br />12.THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE <br />REQUIRED ELECTRONIC FORMAT. <br /> <br />COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION <br />CARRIED 5-0. <br /> <br />7.6. Request by Loucks Associates (Qwest Wireless) for Zone Change from A1 (Agricultural) to <br />AT (Antenna Overlay), Public Hearing – Case No. ZC 01-05 <br />7.7. Request by Loucks Associates (Qwest Wireless) for Conditional Use Permit for Cellular <br />Communication Tower, Public Hearing – Case No. CU 01-25 <br /> <br />Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the <br />applicant is leasing property that he is requesting to have rezoned to Antenna Overlay and is <br />requesting a Conditional Use Permit to install a telecommunication tower and equipment <br />pad. He stated that the applicant considered two additional locations but due to signal <br />interference they were not practical sites. Mr. Harlicker stated that a chain link fence would <br />be installed around the tower site and the existing gravel road would be extended into the <br />property. <br /> <br />Mayor Klinzing opened the public hearing for the zone change and the conditional use <br />permit. <br /> <br />Jared Andrews, representing Loucks Associates – Introduced himself. <br /> <br />Rick Haugland, 21401 Highway 169 – Stated that he is opposed to the rezoning and is <br />concerned about this whole property being rezoned when only a portion of it is being used <br />by the communications company. He stated that the maintenance of the driveway is his <br />responsibility. He also stated his concern about his property value. <br /> <br />Mayor Klinzing closed the public hearing. <br /> <br />Councilmember Tveite questioned the maintenance responsibility for this driveway. Mr. <br />Andrews stated that his company has a stipulation in the lease agreement requiring that the <br /> <br />