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REQUEST FOR ACTION <br />TO <br />ITEM NUMBER <br />Mayor and City Council <br />8.2 <br />AGENDA SECTION <br />MEETING DATE <br />PREPARED BY <br />General Business <br />February 4, 2013 <br />Jeremy Barnhart, Planning Manager <br />ITEM DESCRIPTION <br />REVIEWED By <br />Conditional Use Permit: Cornerstone Auto Resource for Motor <br />Suzanne Fischer, Community <br />Vehicle Specialty Shop at 17219 US Highway 10 NW, Case No. <br />Operations & Development Director <br />CU 13 -01 <br />REVIEWED BY <br />Cal Portner, City Administrator <br />ACTION REOUESTED <br />Approve the agreement between Cornerstone Auto Resources and the City of Elk River regarding <br />payment of park dedication and storm water management fees. <br />2. Adopt a resolution approving the Conditional Use Permit amendment permitting the oil change <br />facility. <br />3. Review terms of the applicant's waiver of additional signage. <br />BACKGROUND /DISCUSSION <br />At its meeting on January 22, the Council continued action on the Conditional Use Permit application <br />that would allow the conversion of the detail center to an oil change facility. One of the conditions was <br />that the plat for the subject property (Plat of Jabez) be recorded prior to obtaining a building permit for <br />the interior remodel. <br />The Council directed staff to draft an agreement allowing the applicant to pay park dedication and storm <br />water fees in full over a 3 -4 year period, permitting the plat to be recorded and outlining penalties due to <br />failure to pay. The term of the agreement has yet to be determined. <br />The attached agreement outlines initial payment due by February 15, 2013, with subsequent payments due <br />each year starting January 31, 2014; or upon expansion of the main dealership building, whichever occurs <br />first. <br />The agreement also notes that the applicant agrees not to seek additional signage during the term of the <br />agreement, though the Council may wish to discuss, as the variance approval was based in part on the <br />understanding that the property owner was willing to `give up' additional signage. There was no implied <br />sunset to this agreement. <br />Penalties include revoking the Conditional Use Permit and /or collection of the fees, including attorney's <br />fees. <br />The agreement also includes 2% interest, which is consistent with city policy. <br />P O w E A E D 9 i <br />N: \Public Bodies \City Council \Council RCA \Agenda Packet \02 -04- 2013 \8.2 staff report.docx 4A URE <br />