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City Council Minutes March 4, 2024 Page 4 when the school would outgrow its space. He stated he would not be supporting the request by Spectrum Schools. Councilmember Beyer agreed with Councilmember Westgaard's comments and noted there was the 1,000-student cap on the number of allowed students. Councilmember Wagner agreed with Councilmember Westgaard's comments but indicated she supports the requests due to the fact the applicant owns the properties included in their request. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Ordinance 24-07 to approve the request by Spectrum Schools for a Zone Change from Business Park to Planned Unit Development at 17796 and 17823 Industrial Circle as outlined in the staff report and with the following conditions: 1. City Council approval of the preliminary and final plat of Elk River SBC Addition. 2. The plat must be recorded prior to recording the ordinance amending the zoning to PUD. 3. A PUD agreement shall be approved by the City Council prior to recording the Zone Change. Motion carried 4-1 with Councilmember Westgaard opposing. Moved by Councilmember Grupa and seconded by Councilmember Beyer to approve the request by Spectrum Schools for a Conditional Use Permit establishing a PUD at 17796 and 17823 Industrial Circle as outlined in the staff report with the following conditions to satisfy the standards set forth in Section 30-654: 1. Capacity of the school, combination of all three facilities (17796 Industrial Circle,11044 Industrial Circle, and 17823 Industrial Circle) within the industrial park, shall not exceed 1,000 students. 2. No school -related parking shall be permitted on the adjacent public street. 3. Due to the industrial nature of the neighborhood, the school recognizes that noise, odors, truck traffic, and other undesirable effects may be present. 4. The City Council shall approve a PUD agreement prior to releasing any building permits within the district. 5. The city may require parking and traffic analysis for any future improvements within the district to ensure compatibility with surrounding uses. 6. Building design, materials, and setbacks must match the requirements of the Business Park district. Motion carried 4-1 with Councilmember Westgaard opposing. 8.1 iBackCheck, PLCC, Outstanding Lease/Penalty Appeal Mr. Stremcha presented the staff report. He noted the contract with iBackCheck was written for 5 years, through May 2, 2027, with an option to renew for another 5 years. Dr.Christi Jo Christian was present and gave council a public apology for the outstanding payments and penalties owing to the city. She stated it was not intentional to be late with payments, it was her F I E A E I i t NATURE]