05-11-2009 CCM SpecialSPECIAL MEETING OF THE ELK RAVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER (COUNCIL CHAMBERS}
MONDAY, MAY I I, 2009
I11lernbers Present: Mayor Inning, Cou~cilxnen~bers estgaard, Humphrey, l~atJ.n, and
~erwas
Members .A.bsent; None
Staff Preset: City Adn~i,nistrator Loii~ohnan, Planning I1~anager~eretny Barnhart, and
Recording Secretary ~es sica Mi~let•
I. Call 1VTeeting T`o ~~der
Puarsuant to due call and notice thereof, the meeting of the Elk Kivea~ City Council way called
to order at 5:~0 ~,., by Mayor I~lin,~ing,
~~ Consider Requests by ~o>~ate S~awertan ~Na~anal Repot Depot
~,1, Re nest b lien Dehn Ma~nte Ho~rerton for waiver of Restrictions of the Moratorium on
hand Use ~ lications and A ravals Tithin the Ci of Elk diver Focused Area Stud
A~.•ea. Case No. CU 0~-I3 ~ ~'ubl~c ~ar~t~
ll~i•. Barnhart presented the staff xepart,
Mayan Z~lin~~n ope~aed the public hearing,
Kerr Deha~, property owner, thanked the Council for holding the special meeting, I-Ie
explained that he wouid l~~e the opportunity to rent his building out if someone is interested
anther than paying tapes an a vacant building.
There being no one else to spear to this issue, aya~r l~lin~~n closed the public heag~
Cauncilxr~emher Moon disclosed that NIr. Dehn is a client but there is na conflict of interest.
The Council did not have a probleann waiving the motatoriu~. for this type of use but wean
hesitant to approve a CanditianaX Use ~'erit for a use that varied from the type of uses
outlined ff~ the Focused Area Study of this area. Consensus of the Council vas 'that they
would support an Interim Use Permit if the applicant wished to amend his request,
1Vlonte Howerton, I~~tionat Repot Depot, applicant -~ explained the reason it is
detrimental to the busines s to be up and xunning by duly 4.
11~i0~ED ~Y CDU~IL~I~BER 1V~~TI1~ ~ SE~~NDED BY
~U1~TILIVIENI~ER ESTAA.RD TD ~PPR~~E THE REQUEST ~Y KEN
DEH1~I~l1~DN'TE kI~'ERT~N' FDRV~AI~ER ~F RETRIC~"ID1VS F THE
MOR.~T~RIU ~N IUD USE A~'P~IC~TIDN ITHIIII THE CITY DF ELK
RI~'~R FOCUSED ~.REA STUDY ARE., CASE ND, ~U ~9~13~ ~~~ THE 5~~~
I~URP~SE ~F ISSUING AN IN'TERI11~ USE PER.MYT T~ TERMII~AT~ ~~' ~R
BEFORE DEC~I~IBER 3I., ~~~, I~DTID~1 RIED ,~-~.
pecaaX pity our~c~l Minutes
~Ia~ ~ ~, ~Oa9
Wage
~. ~ov~rerton questioned ~~ th.e Interim Use Permit vvouid ~an.eet the state of ll~nt~esota
requirements to obta~. a dealeras license. Mx. Barnhart explained that the state enerall~r
requires a letter fioin the pity indicating the applicant. has tlae appropriate approvals from
the ~it~~ 1VIr. I-~ou~ertan added that ~~e ~s corn~'ortabie nth the t~e~'~ae placed on tie
requestF
2,~. Re ~.est b lei. ~ehn Monte Ho~vertan for at~ditional Use Permit to ~.llow Marine ~.~
and Power orts ~ ui me~.t dales at 173G~ ~i hwa ~~ base ~, ~U 0~-13 -1'u-~1~c
Mr. Barnhart presented the staff report.
Ma~ro~• Z.n~ing opened the public hearing,
l~o~te Hawertan, National Repot Depot, applicant - exp~ai~xed his ca~npar~~ carries only
new, unused equipment He fu~rtlaer explained th.e services the cornpan~ provides. x.
Howerton also reviewed the steps he has taken to address the conditions lasted an the staff
report. I-Ie added that ~nost, if Hat all, a£ the issues Have been. addressed.
Mayor I~li.n~in closed the public heaxang;
N~~~'ED ~~ ~UN~ILNI~IVI~~~ I~1ViPHR~~ AND ~C~]NDP~D ~Y
QUNCII~II~IEII~IBER w~TI~AARD ~'~ AI'P~~]~P~ THE ItEU~~T B~ ~N
DP~HN/M~NTE HO~RT~N ~~RAN INT~~I1~I ~JSP~ P~II~IT'WITH A
TERMINAT`I~N DA,T ~~ D~C~NIBI~ ~1~ ~~~~ T~ A~I1Dw ~i.A.RIN~, ~.V,
AND P~E~ P0~1 ~ P1UII'1VIL' NT 5.~~~~~ ASP N~. CL~ D~~J~ W I 1 H 1 H~
~NDITYC~NS A ~~T~INP~D IN T~I~ TAF~ ~.~I'~~T.
~once~n,s were raised regarding the letter of credit ar~ou~xt required its con.ditian 1~.
Discussion took place an clitnfnating ar red~~cing the letter of credit amount.
~ounciltx~,en~ber ~ei•~as questioned ~~ condition ~ 1 ~ could be rernaved. THE ~.~
AND ~~NDP1R ~~ THE 1~T~ON AI~R~~D T~ RE~IQ~~ C~NDITI~N
#12,
Mr~ Barnhart suggested rather than removing canditio~a #~~, alte~.•nate language be added to
require a letter of c~•edit far the arzaaunt ofwork left when the applicant requests a ~erti~~cate
of ~ecupancy,
Caunciltn,ember urx~phrey questioned how much, work is left. ZVax, ~awert~n stated that the
trees have been ordered a~.d he believes that is the last item. IVIr. Barnhart added that curbing
far the parking lot zslands still needs to be completed. ~e Hated that pity bode requires the
islands be curk~ed rather than. landscape blacked.
DC~N~IIJiVI141iBP~~ C~I~iPHRE~' ITHD~E~'~! Y iI ~TI~N,
Councilrr~ernber Matta was opposed to the islands because of ~.ter~m use characteristics
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE REQUEST BY KEN
DEHN/MONTE HOWERTON FOR AN INTERIM USE PERMIT TO ALLOW
S~e~ial City Counc~ ~Iir~utes
May 11, 2~4~
Wage 3
MARINE, ~~, AND PO'ER SPORTS EQUIPMENT SALES AT 17~G~
HIGHWAY I0, CASE NO, CU ~9.I3 WITH THE FOLLOWING CONDITIONS
~,. AS A CONDITIONAL USE PERMIT IS N'OT A BUILDING PERMIT,
THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS,
~. .ALL REQUIRED LICENSES SHALL BE OBTAINED,
3, ALL E~'TERIOR SINAGE SHALL REQUIRE ~. SIGN PERMIT.
~, A~' EASEMENT, MINrMUM ~~ FEET 'SIDE, SHALL BE
PROVIDED FOR ACCESS AND UTILITY PURPOSES IN THE
DRIVE ALONG THE WEST PROPERTY LINE.
5. ALL VEHICLES BOATS, TRAILERS, RV, ETCy SHALL BE
STORED ON AN APPROVED, DUST AND WEED FREE SURFACE.
G, FENCE ENCLOSING THE FRONT ~~ DISPLAY AREA SkiALL
BE WROUGHT IRON OR DESIGN EUIVALEN'T, TO FE
APPROVED ~~ STAFF,
~. ~ NEW LIGHT POLES SHALL REQUIRE STAFF APPROVAL,
8. FRONT YARD LANDSCAPED ISLAND SHALL BE
CONSTRUCTED AS SHOWN ON EHZ~IT .~ TO PROTECT
PARKED CARS ALONGTHEFRONT OF THE PROPERTY, AS
WELL AS DIRECTING INTERNAL `T'RAFFIC,
9, SEVEN TREES SHALL BE ADDED TO THE WEFT SIDE OF THE
ACCESS DRIVE, LANDSCAPING SHALL BE ADDED AROUND
'TPIE FOUNDATION OF THE BUILDING. ALL LANDSCAPING
SHALL BE APPROVED BY STAFF PRrOR TO CONSTRUCTION,
10, ACCESS DRIVE TO THE NORTH SIDE OF THE PROPERTY
SHALL BE TREATED WITH AN APPROVED SURFACE, IN A
DUST FREE, WEED FREE 1VIANNER,
I~. 'THE E~IS'TING FENCE SHOULD BE REPAIRED AND
RELOCATED TO THE PROPERTY LINE ON' THE EAST SIDE,
~. A LETTER OF CREDIT IN THE AMOUNT OF ALL REMAINING
WORK AT THE TIME OF CERTIFYCATE OF OCCUPANCY
ISSUANCE SHALL BE PROVIDED AS .~ GUARANTEE TO
COMPLETE THESE CONDITIONS.
I.3. A'TEMPORARY CROSS ACCESS EASEMENT SHALL BE
PROVIDED ALONG TkIE NORTH SIDE OF 'THE PROPERTY'TO
PRESERVE ACCESS TO OFF` SITE PUILDXNGS TO THE EAST,
I4. THE INTERIM USE PERMIT WILL EMPIRE ON DECEMBER 31,
~01~,
MOTION CARRIED 3-~. au~cilmeb~rs Gu~~kaxey and ati~ n~posed.
~~~ou~ra~nent
Thee being ~a ~u~the~r business, ~Ia~rof• I~liri~in ad~our~ed the special meeting of the Elk
Rives Clt~ Coun~ll at x;37 p,~.~
Mi.~autes ~ payed b~ ~es i 1vlille~,
.~- ,~,~
Tina Allaxd, City Cle~l~
~- ..
1
i f ~
Stephan I~1tn~~ng, NIa~~ .