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7.7 SR 07-16-2012rr Elk ct - River REQUEST FOR ACTION TO ITEM NUMBER Mayor and City Council 7.7 AGENDA SECTION MEETING DATE PREPARED BY General Business June 18, 2012 Jeremy Barnhart, Planning Manager ITEM DESCRIPTION REVIEWED By Conditional Use Permit to Operate Pawn Shop (Twin City Cal Portner, City Adnunistrator Pawn) at 19179 Freeport Street, Case No. 12 -10 REVIEWED BY ACTION REQUESTED If the Council approves the Conditional Use Permit amending the Elk Park Center Planned Unit Development allowing pawn shops, the Council may approve the Conditional Use Permit allowing Twin Cities Pawn to operate, subject to the following conditions: 1. The space shall comply with all applicable building and fire codes. 2. As the Conditional Use Permit is not a building permit, the property owner shall obtain all necessary building permits. 3. The proprietor shall obtain and maintain all applicable pawn licenses. 4. No outdoor storage or display is permitted. 5. The infrastructure associated with the former drop box area shall be removed and landscaping reintroduced 6. Dead trees on site shall be replaced. If the Council denies the Conditional Use Permit amending the Elk Park Center Planned Unit Development allowing pawn shops, the Council should deny Twin Cities Pawn's request to operate a pawn shop on the grounds that it is not permitted by the Planned Unit Development. BACKGROUND /DISCUSSION At the June 18, 2012, meeting, the Council directed staff to prepare a resolution denying the Conditional Use Permit to amend the Planned Unit Development Agreement to allow Pawn Shops in the Elk Park Center shopping center. That resolution will be considered prior to this item on the agenda. ATTACHMENTS ■ Planning Commission Packet Dated June 12, 2012. Action Motion by Second by Vote Follow Up N: \Public Bodies \City Council\Council RCA \Agenda Packet \07 -16- 2012 \CU 12 -10 Twin Cities Pawn SR to CC 7 -16- P O N E R E Q B i 11"N'ATURE1 12.doc� O D 0 Elks REQUEST FOR ACTION River` TO ITEM NUMBER Planning Commission 4.4 AGENDA SECTION MEETING DATE PREPARED BY Planning June 12, 2012 Jeremy Barnhart, Planning Manager ITEM DESCRIPTION REVIEWED By Request by Ryan Brown of Twin Cities Pawn for CUP to Jeremy Barnhart, Planning Manager REVIEWED BY operate pawn shop at 19179 Freeport Street (former Hollywood Video store), Case No. CU 12 -10 Public Hearing ACTION REQUESTED Staff recommends approval of the Conditional Use Permit request, with the following conditions: 1. The space shall comply with all applicable building and fire codes. 2. As the CUP is not a building permit, the property owner shall obtain all necessary building permits. 3. The property owner shall obtain and maintain all applicable pawn licenses. Applicant Ryan Brown, Twin Cities Pawn Location/ Address 19179 Freeport Street 60 Day Rule The City must take action by July 2, 2012 OVERVIEW Ryan Brown wishes to open the 4th branch of Twin Cities Pawn at the site of the former Hollywood Video space. Twin Cities Pawn proposes to be open about 63 hours a week and employ 5 -7 people, though this may vary. Further information may be obtained from the attached Applicants Narrative. No changes to the exterior are proposed; the property provides adequate parking based on city requirements. BACKGROUND /PRECEDENT CU 12 -09 is an application to amend the PUD agreement for the subject parcel to allow pawn shops as a conditional use. If the Council does not approve that amendment, the Planning Commission and City Council should deny the application because the use is not a permitted or conditional use. Case File: CU 12 -10 Page 2 ENERAL INFORMATION Twin Cities Pawn Location Existing Use Comprehensive Plan Current Zoning Designation Subject Vacant retail/ Highway Business PUD (Elk Park Property LeAnn Chin Center) Restaurant North Midas Muffler Highway Business PUD (Elk Park Center) South Bank Highway Business PUD (Elk Park Center) East Across Hwy 169, Across Hwy 169, Open space/ R -1c Residential Urban residential West Cub Foods Highway Business PUD (Elk Park Center) APPLICABLE REGULATIONS Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Willfully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. WDepartments\Community Development \Planning \Case Files \CUP \CU 12 -10 Twin Cities Pawn \CU 12 -10 Twin Cities Pawn SR to PC 6-12- 12.docx Case File: CU 12 -10 Twin Cities Pawn Page 3 If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30 -654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. ANALYSIS Twin Cities Pawn proposes to use approximately 2,600 feet of the 5,000 square foot space for the showroom, with additional space devoted to storage, office, mechanical, and a gun vault. It appears in many cities that pawn shops are carefully regulated, and these cities may have witnessed undesirable effects due to their location or operation. In Elk River, pawn shops are limited to the C -3 zone with distance restrictions (and portions of the Elk Park Center PUD). Additionally, a pawn shop is required to be licensed with annual inspections. Often, the concern is that stolen goods may be pawned easily; the record keeping and the licensing requirements negate that somewhat. Assuming the Council adopts distance separation requirements similar to those proposed by staff, the proposed location meets the following minimums: 250 from residentially used parcels, 500 feet from schools, parks, other pawn shops, churches. ATTACHMENTS • Location Map • Applicant's Narrative • Buffer drawing Action Motion by Second by Vote Follow Up N: \Departments \Community Development \Planning \Case Files \CUP \CU 12 -10 Twin Cities Pawn \CU 12 -10 Twin Cities Pawn SR to PC 6-12 - 12.docx lot FA rl z oil Cd Lu IAN 1111, LU LU Description of Project- Twin Cities Pawn is looking to expand our stores to areas in need of the services we provide. Pawn shops offer a unique service that isn't always understood to a person who has never needed it. We are about to help countless people with their need of a short term loan to help them get by. Let me give a common scenario that we run into on almost a daily basis; A customer overdraws their bank account due to an oversight and their account is $165 negative. They are scared of the $35 overdraft fee and the daily $7 fee for being overdrawn and they have no money until they get paid for 10 days. This customer brings in a gold ring from their jewelry box and we decide a pawn -able value of $250. This customer decides this will be enough to get their bank account positive and leave them with enough extra cash for food and gas until payday. If this customer comes back on their payday to pick up their item, the total due as payback is $281.25. That's less than the $35 bank fee and they relieved the stress of no additional cash. Twin Cities Pawn has a track record of exceptional service, attention to detail, and we operate under all laws and codes that apply to this business. We have a well lit, clean store with professional staff that cares about customers and this is our business model. Our hours of operation are based on our retail store and are Monday - Thursday l Dam -8pm, Fridays 10am -7pm, Saturdays 10am -6pm, and Sundays from 12 -6pm. This allows us to provide people with different working schedules to use our service at there convince. Twin Cities Pawn operates with a minimum staff of 2 employees at a time and staffmg in addition is based on business. We will employ 5 -7 people total at this unit. We would be going into an existing building that housed Hollywood Video with no exterior construction needing to be done other than a change in signage that will fall into the City's code for allowed signage. We will be replacing the sign in the existing pylon from the Hollywood video sign and that will be the space used. The address has an existing parking lot with plenty of parking and we don't believe any changes will need to be made. Twin Cities Pawn runs a very tight ship and is an excellent addition to any community. We work very hard to make sure that we are deemed as an asset to any city we are in and we are certain that after meeting us, the City of Elk River will agree. This is a letter that was written to Columbia Heights but we did not choose to open a store in this city. City- of Oakdale, Minnesota Department of Police 1: ? 1ladI : A enutC Noi -ii1:"1- {> >1 -'7 September 21, 2011 Walter R. Fehsr t= iry of Columbia Hei ahts `90 Avenue NE Columbia lleiffhts, MI -5 -54" 1 Dear Mr. Fehst: Twin Cities Pawn is the City of Oakdale's first pawnshop and has been operating in Oakdale since September of 2010. Owner Ryan Brown and his business associates, haN-e complied with all Oakdale ordinance and Minnesota State Statute requirements and have complied with Minneapolis Police Department's Automated Pawn System (A.PS ) requirements. Ryan has continually expressed his awareness that communication between pawwshup owners ` managers and law enforcement is important and has displayed on. many occasions a willingness to cooperate whenever needed.. Ryan has gone above and beyond our department's expectation . of cooperativeness and has been an instrumental part in assisting or solving some investigative cases. Since opening in 2010, Twin Cities Pawn has reported approximately 10,640 total transactions with only 35 items confiscated from lawn enforcement dwing this same time period. This demonstrates Ryan's determination in striving for legitimacy in the paw -nshop business. In addition, response from the Oak dale community has been positive and indicative that Ryan and his business associates are fair, honest and professional and the busiti.ess has been of great assistance to families in need of short term loans. Based on our experience with Twin Cities Pawn, we are confident that Ryan Drown and his associates will continue to operate legitimate paw =nshop businesses in an honest and professional mariner in other cities and Ryan's pawnshop business will serve as a valuable investigative tool. Please contact me with any questions. Sincerely, V47i Liam Sullivan Chief of Police -------------------------- - - ----------------------------- O A- . D C) -77 CW vl- 113 7',fE PREW ISES . --- 193RD +AVF:NW Uj co - -.j - 1 I HIGHLAND RD NW f 1, 191 112 AVE NW 1A,' j T W + Mr, NN ; q3 ? LN NW 190THLNNW 190TH LN NW e0 325 Feet Disclaimer awing is neither a legally recorded map nor a and is not intended to be used as one. This ..wing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used far reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. © Bolton & Menk, Inc - Web GIS City of Elk River 250' buffer area ~i Existing Zoning for Natures Edge Business mark Sec. 30 -1024. - C -3 highway cornmercial district. (a) Purpose. The purpose of the C -3 highway commercial district is to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi - industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district. (b) Permitted uses. Permitted uses in the C -3 district are as follows: (1) Business and professional offices. (2) Retail shops and stores. (3) Personal service establishments. (4) Nurseries, produce markets, and garden centers, which may include outdoor display. (5) Convenience stores. (6) Public parks. (7) Financial Institutions. (8) Sale of firearms. (9) Class I restaurants. (10) Class II restaurants. (c) Accessory uses. Accessory uses in the C -3 district are as follows: (1) Signs as permitted in section 30 -851 et seq. (2) Off - street parking facilities. (3) Off - street loading facilities. (4) Telephone booths, (5) Private recreational facilities. (6) Public shelters and essential services. (d) Conditional uses. Conditional uses in the C -3 district are as follows: (1) Enclosed light manufacturing with related retail sales. (2) Car, RV and marine sales. (3) Nonprofit clubs, lodges, or halls. (4) Licensed day care facilities. (5) Institutional uses. (6) Equipment rental businesses. (7) Commercial recreational, indoor. (8) Commercial recreational facilities, indoor. (9) Shopping centers. (10) On -sale liquor establishments. (11) Governmental buildings and facilities. (12) Veterinary clinics. (13) Carwashes. (14) Reserved. (15) Motor vehicle service stations. (16) Motor vehicle specialty shops. (17) Sauna establishments. (18) Physical recreation or training greater than 5,000 square feet in size. (19) Pawnshops (250 -foot setback from any residential zone and 500 -foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line). (20) Hotels and motels. (21) Reserved. (22) Development of property within 50 feet of the wild and scenic river district. (23) Ministorage, provided that the use is on unplatted land outside the urban service district. (24 Dry cleaning establishment. (25) Governmental offices. (26) Commercial recreation, outdoor. (27) Physical recreation or training. (e) Architectural standards. No provision of section 30 -938 except subsection 30- 938(2) pertaining to building finish and subsection-30-938(3) pertaining to roofs applies to this district. Sec. 30 -1292. - 1 -1 light industrial district. (a) Purpose. The 1 -1 district shall serve as a transition between more industrial uses and residential and other business uses. This district is appropriate for manufacturing, warehousing, and similar industrial uses because of access to warehousing, thoroughfares, the full complement of urban services such as sewer and water, and distance from residential districts. These areas are intended to encourage the development of industrial uses which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants. These industries shall be compatible with each other and with surrounding land uses. (b) Permitted uses. Permitted uses in the 1 -1 district are as follows: (1) Offices. (2) Warehouses. (3) Research /design facilities. (4) Wholesale businesses. (5) Medical, dental, and optical labs. (6) Light manufacturing. (7) Water /sewage treatment, municipality owned and operated, and provided written notice must be sent to all property owners within 350 feet. (c) Accessory uses. Accessory uses in the 1 -1 district are as follows: (1) Retail sales, provided: a. The retail sales activity is not located in an administrative office facility, but is located within a business, the principal use of which is not commercial sales. b. The retail sales activity does not occupy more than 15 percent of the gross floor area of the occupied quarters. C. The retail sales activity is accessory to the principal use. d. No sign identifying the retail sales is visible from the outside of the building. (2) Signs as permitted in section 30 -351 et seq. (d) Conditional uses. Conditional uses in the 1 -1 district are as follows: (1) Outdoor storage area accessory to principal use. (2) Single- family residential dwelling units accessory to principal uses, provided that: a. The nature of the principal use of the property makes it necessary or highly desirable from both the property owner's and the city's perspective to have a 24- hour -a -day caretaker or security person reside on the property. b. The proposed dwelling unit is designed for and will be used exclusively by caretakers or security personnel responsible for the security of the property and the principal use thereof. C. The proposed building unit will be occupied by no more than two persons, neither of whom may be under 18 years of age. d. There will be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use. e. The proposed dwelling unit will not exceed 800 square feet in size and will be located within a building serving the principal use of the property which is no less than 10,000 square feet in size. f. The principal use of the property is not of such a nature that it would be dangerous or hazardous to residents of the proposed dwelling unit. g. The proposed dwelling unit meets all other requirements of this Code and Minnesota Uniform Building Code for occupancy as a dwelling unit by a single family. The city council may, if it finds it necessary to do so for the protection of the health, safety and welfare of persons who may occupy the proposed dwelling unit, impose additional reasonable requirements or conditions on the construction and use of the dwelling unit. h. The conditional use allowing such a dwelling unit in an industrial zone is deemed to be unique to the principal use of the property and the ownership of the property and the principal use. Any conditional use permits granted under this section shall therefore automatically expire if the principal use of the property changes or the ownership of either the property or the principal use of the property changes. (3) Recycling processing centers. (4) Bottling and distribution. (5) Government buildings and facilities. (6) Broadcasting studios and facilities. (7) Truck and implement sales. (8) Commercial kennels (indoor). (9) Bus storage. Not to exceed ten buses, unless the property has direct access to an arterial or collector street. (10) Dry cleaning establishment. (11) Governmental offices. (e) Architectural standards. No provision of section 30 -938 except subsection 30- 938(2) pertaining to building finish and subsection 30- 938(3) pertaining to roofs applies to this district. cL Ila o. i;n N 0 1 1 d 3 3 X 3 I �ji OL O 1,4 8 MOIL` —a o \\ � 3 000, hn MOIL` —a o \\ � 3 W`�t � hn SIR ti O MOIL` All —a o \\ � 3 W`�t � All hn SIR `k| )a; j } ] ! - _ � � ! co | ! ! f ! | CO ! ' � ; •! CO � m w r Cl) w ! 1..1..E W z W U rCf ) V ) W z M ' D W W 0 n W CO W fr D Z �f o� y C�\ Lij -------------- 0 (Y' 1 =1> I �j I T"N )y I \ m l•ZL,tL10H \I � I a c� Z o • • I ROAD LAKES _, i L,j �i II F (�;- ) yc�°`Q?MA .l �A5005 �A � >_ Mi V 'Y •�":'tl'". 45.� . "� ,ca.T + qi p — - -- 1 - --- -- 'j - - - — ----------- I I VqzL ta rarts�'a I g6 LI o J iJ : -. -- ICj ; ' 1 \ M.LO,IS.005 3 €`f ja a - o • • I 3 01--.I ii I I ----------- - - - - --I C - - - - - - - - - - - - - - - - - - - - - - - - YL'L ICI 77 - — - — - — - — - - - - - - - - --- ------------------------- T z Luna O irk co co W z co rk ----------- L --- ------- W CIO -ps W g I p nr- D 10 ----------- L --- ------- RESOLUTION NO. 12- CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Natures Edge Business Center Case No. P 12 -02 WHEREAS, application has been made for final plat approval, pursuant to Section 30 -392 of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property "; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: 1. It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed plat is consistent with the Land Use Regulations and conforms with all of its requirements. B. The proposed plat is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the city's Comprehensive Development Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed plat makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed plat will not cause substantial environmental damage. F. The proposed plat will not conflict with easements of record or with easements established by judgment of a court. G. The proposed plat will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the city are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. 5. This final plat approval shall expire one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution: The following voted against the Resolution: The following were absent: WHEREUPON the resolution is adopted. Passed and adopted this 16th day of July. 2012. John J, Dietz, Mayor ATTEST: Tina Allard, City Clerk NADepartments \Community Development \Planning \Case Files \Plat \P 12 -02 Elk River EDA- Natures Edge \final plat resolution.docxPage 2 EXHIBIT A Legal Description: Outlots A, B and C, GATEWAY BUSINESS PARK, Sherburne County, MN N: \Departments \Community Development \Planning \Case Files \Plat \P 12 -02 Elk River EDA- Natures Edge \final plat resolution.docxPage 3 EXHIBIT B 1. Access control shall be deeded to MnDOT from Outlot B. 2. The development shall meet all applicable fire codes. The Fire Chief shall verify the location of all fire hydrants, and may require additional hydrants necessary to preserve the health and safety of the residents. 3. A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20 feet from the buffer applies. An exhibit shall be prepared and included in the literature provided to potential buyers. 4. Wetland boundaries shall be posted in a manner acceptable to the environmental administrator. 5. In addition to the easements shown on the preliminary plat, the following easements shall be provided: a) A 25 -foot easement adjacent to the outside edge of delineated wetlands to note, preserve and protect the required no -touch buffer. b) A 20 -foot pedestrian easement adjacent to the 25 -foot easement on the outside edge of the delineated wetlands to provide for the future construction of a pedestrian amenity. 6. A NPDES permit is required prior to final approval of construction drawings. 7. 34 shade trees shall be added along the trail on the east side of Twin Lakes Road. 8. Park dedication shall be provided in the following manner: a) In the form of cash for 19.12 acres lots at the rate applicable at the time of Final Plat approval. (Currently $2,485 per acre) 9. All required subdivision /park information shall be provided in an electronic format (.dwg file) as required by the City Ordinance and Land Use Application prior to recording of the plat. 10. This approval of the Preliminary Plat shall expire after 1 year, unless the property owner or owner's agent has submitted a Final Plat or letter of request for extension. N: \Departments \Community Development \Planning \Case Files \Plat \P 12 -02 Elk River EDA- Natures Edge \final plat resolution.docxPage 4 ORDINANCE 12 - _ CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM LIGHT INDUSTRIAL AND HIGHWAY BUSINESS TO BUSINESS PARK AND HIGHWAY BUSINESS CASE NO. ZC 12 -03 The City Council of the City of Elk River does hereby ordain as follows: Section 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit A from Light Industrial (I -1) and Highway Business (C -3) to Business Park (BP) and Highway Commercial (C -3) as shown on Exhibit B. Section 2. That the rezoning approved by this Ordinance is based on the following findings: 1. THE REZONING IS CONSISTENT WTH THE CITY OF ELK RIVER LAND USE PLAN ADOPTED AS PART OF THE CITY OF ELK RIVER COMPREHENSIVE PLAN. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 16th day of July, 2012 by the City Council of the City of Elk River. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk c:\ users \jmiller \appdata \local \microsoft \windows \temporary internet files \content.ie5\ lx7zerlm \ordinance.docx Exhibit A The plat of Natures Edge Business Center c:\ users \jmiller \appdata \local \microsoft \windows \temporary internet files \content.ie5\ lx7zerlm \ordinance.docx } \ »� \\ \ \ \ \ \ Exhibit c:\users\jmiller\appdata\local\microsoft\windows\temporary internet fis m» xw7ze r 1 m\ordina mw6a \ N ` �r _ . ►�� /\ �� � " , � i U : iu RESOLUTION 12 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING ROAD RIGHT -OF -WAY Case No. EV 12 -01 WHEREAS, the applicant has requested the City Council in a petition dated May 26, 2012, to vacate such easements according to law; and, WHEREAS, a public hearing was held on July 16, 2012, before the City Council at the Elk River City Hall on such petition after due published and posted notice had been given and all persons interested were given an opportunity to be heard; and, WHEREAS, the right -of -way was recorded on the plat of Gateway Business Park. Gateway Business Park has since been replatted as Nature's Edge Business Center and the road right - of -way is no longer required in this location. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and the easement described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 16`h day of July, 2012. ATTEST: Tina Allard, City Clerk John J. Dietz, Mayor RESOLUTION 12 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT Case No. EV 12 -01 WHEREAS, the applicant has requested the City Council in a petition dated May 26, 2012, to vacate such easements according to law; and, WHEREAS, a public hearing was held on July 16, 2012, before the City Council at the Elk River City Hall on such petition after due published and posted notice had been given and all persons interested were given an opportunity to be heard; and, WHEREAS, the easement as currently written was a recorded on the plat of Gateway Business Park. Gateway Business has since been replatted as Nature's Edge Business Center and the easement is no longer required in this location. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and the easement described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 16`" day of July, 2012. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk