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City Councl Minutes Septembez 17, 2007 G.7 Page 12 Dollar Txee. He stated that his business gives back to the community whereas the Dollaz Tree • business does not. He explained that he does not believe Elk River can support two dollar stores and that allowing Dollaz Tree to locate in Elk River is not in the best inteeest of the city. He indicated that he has a petition with over 600 signatures asking the city to not allow Dollaz Tree in Elk River which he will be faxing to Dollar Tree headquaztexs. Russ McGinty, STM Development, representing the applicant -indicated that the location in question has been a difficult space to fill with the restrictions placed by the neighboring businesses. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing Mayor Klin>ing explained that the Council is only being asked to consider the zero lot line which controls the building construction and that they have no control over what type of business fills the space as long as it meets the criteria set for that azea. She noted that Always a Dollar is a great business and she hopes residents continue to patronize the business. Councilmembex Fazber indicated that he is not in favor of zero lot line developments and noted that he believes the addition will not be ascetically appealing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE REQUEST BY STM DEVELOPMENT FOR CONDITIONAL USE PERMIT FOR ZERO LOT LINE DEVELOPMENT (DOLLAR TREE), CASE NO. CU 07-27. MOTION CARRIED 3- 1. Councilmember Farber opposed. Resolution Approving Final Plat Request by Riverside Companies (Pintail Estates l~r Case • No. P 07-06 Planning Manager Jeremy Bamhazt presented his staff report. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-79 GRANTING FINAL PLAT APPROVAL FOR PINTAIL ESTATES, CASE NO. P 07-06 WITH THE FOLLOWING CONDITIONS: 1. THIS FINAL PLAT APPROVAL SHALL EXPIRE ONE YEAR FROM THE DATE OF THIS RESOLUTION IF THE FINAL PLAT IS NOT RECORDED WITHIN THAT TIME. 2. FUTURE CONSTRUCTION OF PRINCIPLE OR ACCESSORY STRUCTURES ON THE PROPERTIES SHALL REQUIRE REPLATTING OF LOTS. 3. THE FOLLOWING FEES SHALL APPLY: A. WATER AND SANITARY SEWER TRUNK FEES SHALL BE PAID AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING. THIS FEE SHALL BEAT THE RATE APPLICABLE AT THE TIME THE FINAL PLAT IS RELEASED. B. A SURFACE WATER MANAGEMENT FEE SHALL BE PAID AT THE TIME THE FINAL PLAY IS RELEASED FOR RECORDING. C. PARK DEDICATION BASED ON FAIR MARKET VALUE OF 10% • OF THE PLATTED PROPERTY.