08-20-2007 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, AUGUST 20,2007
Members Present:
Mayor Klinzing, Councilmembers Zerwas, Motin, Farber, and Gumphrey
Members Absent
None
Staff Present:
City Administrator Lori Johnson, Planning Manager Jeremy Barnhart,
Senior Planner Sheila Cartney, Park Planner Chris Leeseberg, Public Works
Director Terry Maurer, Director of Economic Development Catherine
Mehelich, Environmental Administrator Rebecca Haug, Finance Director
Tim Simon, City Attorney Peter Beck, and City Clerk Tina Allard
Also Present
Planning Commissioner Kevin Scott
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 6:30 p.m. by Mayor Klinzing.
2.
Consider 8/20/2007 Agenda
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Mayor Klinzing added Homecoming Parade, YMCA Groundbreaking, and Elk Hills Drive
Request to the agenda. Councilmember Farber added Public Works/Code Enforcement
Discussion. Councilmember Motin pulled Item 3.4. from the Consent agenda.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS
AMENDED. MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1 CHECK REGISTER.
3.2. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT.
3.3. 3.2 PERCENT MALT LIQUOR TEMPORARY ONSALE LICENSE TO
ELK RIVER LIONS FOR SEPTEMBER 8, 2007.
3.5. RECLASSIFY BUILDING MAINTENANCE SUPERVISIOR POSITION
FROM PAY GRADE 7 TO PAY GRADE 9 AND PLACE GARY LORE AT
STEP B.
MOTION CARRIED 5-0.
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City Council Minutes
August 20, 2007
Page 2
4.
Open Mike
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Douglas Larson, 14304 191" Avenue-Requested information on what the railroad is doing
with the tracks along County Road 35 (Zebulon). He expressed concern with his home
value.
Mr. Maurer stated the railroad doesn't inform the city of their projects.
Mayor Klinzing stated staff would try to find more information and get back to Mr. Larson.
3.4. Authorization to Advertise for Recreation Man'lger
Councilmember Motin questioned what has changed since the recent Council and staff
discussions about this position and the decision not to keep it at that time.
Ms. Johnson stated Mr. Maertz re-evaluated the requirements for recreational programming
and determined there was a need for the position.
Councilmember Motin further questioned if it needed to be a management position.
Ms. Johnson stated the position involves staff supervision and would change to be more
proactive with marketing of recreational programming.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO AUTHORIZE ADVERTISING TO FILL
THE RECREATION MANAGER POSITION. MOTION CARRIED 5-0.
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5.1. Authorization to Contract for Bathroom Ro:placement at Pinewood Golf Course
Mr. Leeseberg presented the staff report.
Councilmember Motin questioned if the project would be turnkey.
Staff indicated they were unclear but could check into it.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE RIVERS CROSSING, INC.
BID TO INSTALL NEW RESTROOMS AT PINEWOOD GOLF COURSE IN
THE AMOUNT OF $10,800 CONTINGENT UPON CONFIRMATION THAT
THE BID IS FORA TURNKEY PROJECT. MOTION CARRIED 5-0.
5.2. Award Bid Park-ge 01: YMCA Project
Ms. Johnson presented the bids as outlined in the staff report.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO AWARD BID PACKAGE 01 FOR THE YMCA
PROJECT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0.
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City Council Minutes
August 20, 2007
Page 3
6.1.
Request b.y Cit;y of Elk River for Ordinance Amendment Regarding Signs on Public
Property Case No. OA 07-09-Public Hearirlg to be Re-noticed for Future Date
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Mr. Bamhaxt requested to postpone this item but noted it was advertised for a public
hearing.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO CONTINUE THIS ITEM AND REPUBUSH
THE PUBLIC HEARING NOTICE WHEN IT IS READY FOR
CONSIDERATION. MOTION CARRIED 5-0.
6.2. Confirm the Direction of the Redevelopment Framework Plan (Mississippi Connections)
Task Force Regarding Highway 10
Mr. Leeseberg presented the staff report.
Mayor Klinzing questioned if the proposed cut and cover design for Highway 10 would
have a cover over it. She thought it would be similar to 35W in Duluth and would allow
green space over the top.
Mr. Maurer stated it may not have a cover if it is not needed functionally and Mn/DOT
would make this determination.
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Councilmember Motin expressed concerns with having the Taskforce continue this Plan
(Mississippi Connections) when a laxge paxt of the puzzle (the final design for Highway 10)
is incomplete. He stated he would like the proposed alignment for Highway 10 finalized
before moving forwaxd. He stated he would like to suspend the Taskforce until a Geometric
Study (Study) could be completed.
Mayor Klinzing stated the Plan is long-term so it would make sense to wait until a Study was
completed. She noted that the Taskforce did an excellent job on this plan.
Councilmember Motin questioned what the Council would like to see if a developer wants
to build along the highway prior to a final plan being completed.
Councilmember Gumphrey stated the Taskforce did an outstanding job with the Plan and
he doesn't want to stop their progress.
Councilmember Zerwas stated the city would be pulling property owners in a difficult
position if there axe too many plans in place. He questioned the timeframe for the Study.
Mr. Maurer stated the Study might possibly be incorporated into the 169 Study with the
understanding that the city would pay for it. He would need to get confirmation from
Mn/DOT. He stated it could be six to nine months before completed to the alternative
selection stage.
Councilmember Gumphrey questioned the cost of the Study.
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City Council Minutes
August 20, 2007
Page 4
Mr. Maurer stated it would depend on the levd of work completed but could be up to
$500,000. He stated the cost would depend on whether the Council wanted land use power,
for right-of-way but further noted the environmental portion of the study would have a
limited shelf life.
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Councilmember Farber stated he would like to see J ackson Avenue and Main Street remain
open.
Councilmember Molin questioned members of the Taskforce as to how they feel if the
group was put on hold until the Study could be completed.
Ms. Mehelich stated the taskforce hasn't had an opportunity to discuss this as a group.
Stewart Wilson stated that due to the amount of time spent on the Plan he would like the
original members to stay together.
Councilmember Gumphrey stated work could be done in the interim by the Taskforce but
he was also fine with postponing the group for six months.
Mayor Klinzing stated she would like to hear what the Taskforce would like to do.
Ms. Mehelich stated the Taskforce understands amendments could be made to the original
Plan after the Study is completed.
Councilmember Molin stated the issue with trying to proceed further is that the general
public will focus on the wor,t parts of the Plan. He stated there will be confusion with the
changes and the city would have to redo all the hearings. He stated he would rather wait 6-9
months and not have a duplication of efforts. He stated this is a long term plan and there is
no rush to complete it.
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MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO SUSPEND THE REDEVELOPMENT PLAN
TASKFORCE UNTIL A HIGHWAY 10 GEOMETRIC STUDY IS COMPLETED
AND WHEN THE TASKFORCE RECONVENES, IT WILL RECONVENE
WITH THE SAME MEMBERS. MOTION CARRIED 4-1. Mayor Klinzing opposed.
Mayor Klinzing stated she could not support this motion because the Taskforce could work
on other areas of the core downtown.
Larry Toth, Stated the motion was off key by not having the Taskforce do anything until
the Study is completed. He stated the Taskforce needs to conlinue its process due to the
amount of work that will pile up with other studies they could be concentrating on.
6.3. Resolution Authorizing Eminent Domain and Acquisition of Real Proper1;y and Ado.plinl?'
Approved Appraisals of Value for 193'" Avenue Project
Mr. Maurer presented his staff report.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-72
AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL
PROPERTY IN ACCORDANCE WITH MINNESOTA STATUTES CHAPTER
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City Council Minutes
August 20, 2007
Page 5
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117 FOR THE 193RD AVENUE TRANSPORTATION CORRIDOR AND
ADOPTING APPROVED APPRAISALS OF VALUE. MOTION CARRIED 5-0.
6.4.
Request by Tiller COl;poration for Conditional Use Permit for Mineral Excavation Case No.
CU 07-21 Public Hearing.
Ms. Haug presented her staff report
Kirstin Pauley, with Sunde Engineering-Gave a presentation on the details of this project.
She discussed noise, setbacks, screening, traffic, and ground water.
Councilmember Gumphrey questioned if more trees could be saved and noise levels
reduced if the setback line were changed from 50' to 100.' He further questioned if Tiller
needed to operate from 7:00 a.m. to 7:00 p.m. on Saturday. Councilmember Gumphrey
questioned how equipment and truck traffic would be routed
Ms. Pauley stated the buffer is greater than 50' feet because Proctor Road provides an
additional barrier. She stated some traffic would come from Proctor but most of it would
access the main entrance on the north side.
Mike Caron with Tiller-Stated the city's ordinance allows operation from 7:00 a.m. to 7:00
p.m. on Saturdays. He stated work is typically done Monday through Friday but has some
emergency situations on Saturdays. He stated he would be willing to work with staff on the
hours.
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Mayor Klinzing opened the public hearing.
Scott Boyd, 19923 Norfolk Street-Questioned what value this business brings to the city.
He questioned why it wasn't zoned residential in order for the city to benefit from the tax
capture. He stated there will be excess sand and dust that will affect his residence, which he
accept because the gravel operation was located here prior to him but now this will be near
his doorstep. He stated he would like to keep the vegetative buffer of 300' due to oak wilt
concerns. He stated there has been noise issues at 4:00 a.m. He also expressed concerns with
the 10 year timeframe because it could affect his property value when he sells his home.
Mayor Klinzing closed the public hearing.
Mayor Klinzing stated the gravel tax doesn't produce significant funds to the city. She
questioned if the 10 year timeframe could be shortened.
Councilmember Farber expressed concern with the 50' setback and didn't feel 100' would be
unreasonable.
Mr. Caron stated the timeframe is based on market demand. He stated the additional
setback will cause theni to lose out on a large amount of material.
Mr. Beck clarified that the crusher would be setback 600 feet.
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Councilmember Morin questioned if there is a reclamation plan. He also requested the dates
for condition 6 be changed to April 15-July 15. He questioned if the forester would move
the line again if the Council changes the setback.
City Council Minutes
August 20, 2007
Page 6
Ms. Haug stated it could go either way.
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Mr. Caron suggested taking the furthest point set by the forester and drawing a straight line
from this point, which would be an approximately 78' setback.
Ms. Pauley explained the reclamation plan.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT,
CU 07-21 WITH THE FOLLOWING CONDITIONS:
1. TRAFFIC FROM THE OPERATIONS AREA WILL ACCESS THE NEW
ALIGNMENT OF COUNTY RD 33 WITH THE MAJORITY OF TRAFFIC
GENERATED FROM THE EXISTING OPERATION AREA HEAD EAST
TO US HWY 169. PROCTOR RD AND COUNTY RD 33 WEST OF THE
EXITING OPERATION WILL ONLY BE USED FOR LOCAL PROJECTS.
2. THE SITE MUST OPERATE UNDER MINNESOTA POLLUTION.
CONTROL AGENCY (MPCA) NPDES PERMIT FOR GRAVEL MINING
FACIUTIES AND A STORMWATER POLLUTION PREVENTION PLAN
BE IMPLEMENTED.
3. WATERING ON-SITE GRAVEL HAUL ROADS MUST BE DONE TO
REDUCE DUST.
4. ALONG PROCTOR RD, A 78 FOOT SETBACK MUST BE MAINTAINED
AND IN NO INSTANCE WILL THE SETBACK BE LESS THAN 78 FEET
FROM RIGHT-OF-WAY.
5. THE OPERATOR SHALL TAKE MEASURES DEEMED APPROPRIATE BY
THE SHERBURNE COUNTY FORESTER TO CONTROL OAKWILT.
CUTTING OF TREES BETWEEN APRIL 15 AND JULY 15 IS
PROHIBITED.
6. THE SITE MUST BE GRADED IN ACCORDANCE TO THE
RECLAMATION PLAN.
7. OPERATIONS MUST BE IN COMPLIANCE WITH ALL STATE NOISE
STANDARDS.
8. MINING AND CRUSHING WILL BE CONDUCTED BETWEEN 7:00 A.M.
TO 7:00 P.M. MONDAY - FRIDAY AND 8:00 A.M. TO 4:30 P.M ON
SATURDAY.
9. TOPSOIL WILL BE RETAINED ON-SITE AND USED TO CREATE
SCREENING BERMS.
10. ACTIVE SLOPES TO BE APPROXIMATELY 1.5:1 AND FINISHED SLOPES
NOT TO EXCEED 4:1.
11. PROPERTY WILL BE REZONED TO MINERAL EXCAVATION
OVERLAY.
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MOTION CARRIED 5-0.
Councilmember Gumphrey thanked Mr. Caron for working with the city.
The Council took a 10 minute break at 8:00 p.m.
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City Council Minutes
August 20, 2007
Page 7
6.5.
Consider Prelimin:u;y Plat Approval and Resolution for Final Plat Approval (Cemstone Elk
River Second Addition) Requested by Cemstone Products Co Case No. P 07-09 Public
Hearing
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Ms. Cartney presented her staff report.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE THE PREUMINARY PLAT AND
ADOPT RESOLUTION 07-73 GRANTING FINAL PLAT APPROVAL FOR
CEMSTONE ELK RIVER SECOND ADDITION, CASE NO. P 07-09 WITH THE
FOLLOWING CONDITIONS:
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1. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING
MANNER:
A. IN THE FORM OF CASH FOR 4 ACRES AT THE RATE
APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL, THE
CURRENT FEE IS $2,205 AN ACRE.
2. 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.
3. 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.
MOTION CARRlED 5-0.
6.6. Request by Alliance Machine for Ordinance Amendment to Section 30 1294-Business Park
Regulations Regardin~ AccessoJ;y Structures Case No OA 07-07 Public Hearin!f
Mr. Leeseberg presented his staff report.
Mayor Klinzing opened the public hearing.
Bryan Provo, Owner-Stated he is available for questions.
Councilmember Gumphrey questioned why the accessory structure is proposed to be built
close to the private road.
Mr. Provo stated he had no preference but didn't want it in the back of or attached to his
building due to possible future expansion and Fire Department access needs.
Mayor Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 07-11...
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MOTION CARRlED 5-0.
City Council Minutes
August 20, 2007
Page 8
6.7.
Consider Resolution for Final Plat Approval (Blk River Crossing- 7'" Addition) Requested by
STM Development. Case No. P 07-08
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Mr. Leeseberg presented his staff report.
Councilmember Motin questioned if a zero lot line approval will be needed for this project.
Staff indicated they would need to confirm.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-74 GRANTING
FINAL PLAT APPROVAL FOR ELK RIVER CROSSING 7TH ADDITION, CASE
NO. P 07-08 WITH THE FOLLOWING CONDITIONS:
1. THE DEVELOPMENT SHALL MEET ALL APPUCABLE 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.
2. 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.
MOTION CARRIED 5-0.
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6.8. Request by T ohn Weicht & Associates on Behalf of Holv TrinitY Episcopal Church for a
Conditional Use Permit for an Addition Case No. CD 07-21 Public Hearing-
Mr. Barnhart presented his staff report.
Mayor Klinzing opened the public hearing.
John Weicht, representing Holy Trinity-Stated they liked the Heritage Preservation
recommendation but would prefer the gable be located on the west end of the building. He
stated they don't want to highlight the new section and are looking at hiding it through
existing trees.
Gordon Bynum, 420 Rush Avenue-Stated he would like to know the aesthetics of the
parking lot.
Howard Kleven, 423 Quinn-Expressed concerns with landscaping and drainage.
Mayor Klinzing closed the public hearing.
Mr. Barnhart explzined the site landscaping and drainage. The city engineer has not
identified any issues with drainage.
Mr. Weicht noted there were many flower beds not shown on the landscaping plan.
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Mayor Klinzing questioned if the church is located on one lot.
City Council Minutes
August 20, 2007
Page 9
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l\ifr. Weicht stated it has been combined into one lot and he has a letter from Sherburne
County.
Councilmember Gumphrey questioned how parking is on Sunday.
Both residents who spoke stated it can be congested.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT,
CASE NO CU 07-21 AS ILLUSTRATED ON SITE PLAN DRAWINGS DATED
AUGUST 14, 2007 AND ARCHITECTURAL DRAWINGS DATED JULY 23, 2007,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. ALL COMMENTS IN THE ENGINEER'S LETTER DATED JULY 12, 2007.
2. ALL COMMENTS IN STAFF COMMENT LETTER DATED JULY 16,2007.
3. ALL COMMENTS INCLUDED IN STAFF REPORT DATED AUGUST 14,
2007.
4. CONSIDERATION OF HISTORIC PRESERVATION
RECOMMENDATION.
5. STAFF WORK WITH THE APPUCANT TO PROVIDE CRAB APPLE
TREES ON THE NORTH SIDE OF THE PROPERTY.
MOTION CARRIED 5-0.
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6.9.
Request by the City of Elk River for Ordinance Amendment to Allow Physical
Recreation/Tt'llining Facilities as an Interim Use in Business Park Zoning District. Case No.
OA 07-11-Public Hearing
l\ifr. Barnhart presented his staff report.
Mayor Klinzing opened the public hearing.
Dan Murphy 685 139th Lane Ramsey-A developer constructing a commercial project in the
Elk River Business Park. l\ifr. Murphy stated he was approached by a couple companies
interested in his space for physical recreation type uses. He stated he researched a few cities
and learned that they allow recreational facilities in industrial/business parks. He stated these
types of businesses prefer industrial/business parks due to large clear space needs and
financial concerns. He recommended that 25-30 percent of recreational facilities be allowed
in indus trial/business parks.
Pam Sitts, 16045 nod Street, Otsego (Owner ofP.S. Dance Studio)-Stated she agreed with
l\ifr. Murphy and asked for the Council's support.
Mayor Klinzing closed the public hearing.
Councilmember Gumphrey stated he is more in favor of allowing recreational facilities in
business parks as a conditional use rather than an interim use.
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Councilmember Motin disagreed and stated the purpose of business park sites is to have
industrial business which would create higher paying jobs. He indicated there could be safety
City Council Minutes
August 20, 2007
Page 10
issues because the type of businesses located in industrial/business parks creates heavier
truck traffic.
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Councilmember Zerwas stated allowing the interim USe is a good compromise. He stated a
three year rime period seemed short and he would prefer to allow five years.
Councilmember Farber stated the city doesn't have a lot of industrial land and can't afford
to give it up to recreational uses.
Mayor Klinzing concurred.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 07-12 AMENDING
SECTION 30-1294, SUBSECTION D (1) OF THE ELK RIVER CITY CODE TO
ADD SUBPARAGRAPH (I) TO ALLOW CERTAIN RECREATION USES AS AN
INTERIM WITH THE FOLLOWING CHANGE:
I. PHYSICAL RECREATION OR TRAINING OF ANY SIZE MAY BE
APPROVED AS AN INTERIM USE IF THE UNDERLYING LAND USE
IS INDUSTRIAL. SUCH INTERIM USE MAY BE APPROVED FOR A
PERIOD DETERMINED BY THE CITY COUNCIL NOT TO EXCEED
FIVE (5) YEARS.
MOTION CARRIED 5-0.
Councilmember Gumphrey stated the Council should have followed the Planning
Commission's recommendation by allowing certain recreational uses as a permitted use.
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6.10. Request by P.S. Dance for Interim Use Permit to Allow Phvsical Recreation/Training
Facility !pance Studio) in Business Park Case No. OJ 07-23-Public HearinK
Mr. Barnhart presented his staff report.
Mayor Klinzing opened the public hearing.
Pat Briggs, 11110 Industrial Circle-Started to provide a history of working with city staff
and his client P.S. Dance on a solution to allow recreational uses in the business park.
Mayor Klinzing stated this issue has been resolved and asked Mr. Briggs to discuss only the
interim use item that is before the Council.
Councilmember Motin stated the city is not going to revisit whether this should be a
conditional USe because it has already been addressed by the Council.
Mr. Briggs stated he has a 10 year lease with the client and his concerned with the five year
interim use permit. He suggested a seven year interim USe permit.
Mayor Klinzing stated the Council just approved interim uses for five year alloWance under
Item 6.9. and can't deviate from it at this point.
Julie Schoen 15108 85'" Street-Questioned what the process would be in five years when
the permit expires.
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City Council Minutes
August 20, 2007
Page 11
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Mayor Klinzing stated a future Council decision can't be predicted.
:Mr. Beck stated the applicant should not assume they can be at this location for more than
five years.
CounciIrnember Morin stated the process will be easier than it was this time because a
mechanism is now in place for this type of use.
Dan Murphy, 685 139<h Lane, Ramsey-Requested the city contact other cities for
comparison of allowing uses in business parks.
Mayor Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE INTERIM USE PERMIT, CU 07-
23 WITH THE FOLLOWING CONDITIONS:
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1. AS AN INTERIM/CONDITIONAL USE PERMIT IS NOT A BUILDING
PERMIT, THE APPUCANT SHALL APPLY FOR ALL REQUIRED
PERMITS.
2. THE BUILDING SHALL MEET ALL APPUCABLE BUILDING CODES.
3. THE BUILDING SHALL MEET ALL APPUCABLE FIRE CODES.
4. INTERIM USE PERMIT SHALL EXPIRE ON DECEMBER 31, 2012.
5. IF AN INTERIM USE PERMIT, THE APPUCANT AND BUSINESS
OWNER SHALL PROVIDE PROOF THAT THE LEASE IS CONSISTENT
WITH THE TIMELINE ESTABUSHED BY THIS INTERIM USE PERMIT.
MOTION CARRIED 5-0.
7. Other Business
Homecoming Parade
Ms. Johnson reminded everyone of the homecoming parade scheduled September 14.
Everyone should meet at the movie theater at 4:45 p.m.
YMCA Groundb17laking
Ms. J ohoson stated the YJ:vfCA would like to have a groundbreaking on September 16 at
noon.
Mayor Klinzing stated she would like to schedule the groundbreaking during a time when
Councilmember Gumphrey could attend because of the contribution and effort he has made
to bring the YJ:vfCA to Elk River.
Public Work.r/ Code Enforcement Issues
Councilmember Farber stated he would like to see a more aggressive approach taken with
code enforcement. He stated he would like to see the Public Works Department clean
certain areas better, such as around stop signs and along highways. He suggested the city
contact the highway department for their areas and would like Public Works to work toward
beautification of public areas.
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City Council Minutes
August 20, 2007
Page 12
Ms. Johnson stated Mr. Maurer is working toward this goal and the Council should see more
changes next year.
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Councilmember Farber questioned if the city made any headway with the private road
problems in the Dolphin Car Wash lot. He stated he would like some type of mechanism in
place for the city to remedy this issue.
Mr. Beck stated he is working with staff and the prosecuting attorney on this concern. He
stated a new, more enforceable zoning ordinance may be necessary.
Elk Hills Drive fuquest
Mayor Klinzing stated she got a request from a resident interested in rezoning Elk Hills
Drive from residential to commercial.
Mr. Beck stated the resident could come forward with an application or the Council could
initiate a formal plan for discussion at a workshop meeting. He asked for direction on
notification to the neighborhood.
Mayor Klinzing stated she would contact the property owner and have him talk to his
neighbors.
8. Council Updates
There were no Council Updates.
9.
Staff Updates
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There were no Staff Update.
10. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
7??ci?
Tina Allard
City Clerk
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