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. . . City Council Minutes April 17 , 2006 Page 9 11. THE REMAINING SQUARE FOOTAGE OF BUILDINGS WITHIN THE APPROVED PUD WILL NEED TO BE REDUCED BY 1,220 SQUARE FEET. 12. A SEPARATE LETTER OF CREDIT, IN THE AMOUNT OF $50,000, SHALL BE PROVIDED COVERING ON SITE IMPROVEMENTS FOR LOT 2 BLOCK 1 ELK RIDGE CENTER 2ND PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. MOTION CARRIED 5-0. 6.7. Request by Elk River Ford for Variance Relating to Signage Public Hearing-Case No. V 06-03 6.8. Resolution for Land Use Amendment to Change Land Use from Light Industrial to Highway Business as Requested by Elk River Ford. Public Hearing- Case No. LV 06-03 6.9. Ordinance for Zone Change from Planned Unit Development to Highway Commercial as Requested by Elk River Ford. Public Hearing-Case No. LV 06-03 6.10. Request by Elk River Ford for Preliminary Plat ofJabez. Public Hearing-Case No. P 06-06 6.11. Request by Elk River Ford for Conditional Use Permit for Expansion of Auto Sales. Public Hearing- Case No. CV 06-06 6.12. Resolution to Vacate Drainage and Utility Easement Requested by Elk River Ford. Public Hearing- Case No. BV 06-01 Mr. Harlicker reviewed all of these requests as outlined in his staff reports. Mayor Klinzing opened the public hearing. Scott Powell, applicant-Stated he wanted to build a safe project for the community and he is proud of the environmental" aspects of the project. He stated the signage meets all the criteria for a variance. He stated he has in excess of 1,200' of frontage along the highway, is closing one access on the highway, bringing in two new businesses on one lot, and that it is very difficult for customers to access his location without the signage. Dana Anderson, 12368 speaking as a resident (he is a member of the Planning Commission)-Stated he liked the overall project design. He questioned the legal interpretation of park dedication requirements. He stated that it is important to collect park dedication fees. Steve Rohlf, representing the applicant-Stated the phases of the project may change. He questioned the defmition of cut-off lighting. Mr. Rohlf stated the existing dealership should not pay park dedication fees as consistent with Section 30-327 of the City Code, which states that park dedication fees apply to undeveloped property. He stated the city is confusing undeveloped with unplatted. He stated the property is not being subdivided but rather combined. He stated the only reason they are platting the property is because it is a condition to secure a building permit. He stated to charge in excess of $100,000 for park dedication fees to a business trying to expand and create more jobs is unreasonable. Mr. Harlicker explained that cut-off lighting directs light downward as opposed to a globe light, which is exposed. Mayor Klinzing closed the public hearing.