****PLEASE NOTE: NEW LOCATION

REGULAR MEETING

SAUK RAPIDS CITY COUNCIL

FIRE DEPARTMENT, 408 N BENTON DRIVE

Monday January 24, 2011

6:00 PM

MINUTES

6:00 PM

1.Call to Order and Pledge of Allegiance Mayor Campbellcalled the meeting to order at 6:00p.m. Members present:Paul Weber,Brad Gunderson, Jared Gapinski, and Dave Saunders. Others present: Igor Lenzner, City Attorney, Todd Schultz, Community Development Director, Perry Beise, Police Chief, Terry Wotzka, City Engineer, Mable Fale, January Student Mayor, and Dana Furman, Administrative Services Coordinator.

Mayor Campbell thanked staff for their efforts in arranging the Council Chambers at the Fire Hall to accommodate the City Council as well as all other City Board and Commission meetings.

2.Additions or Changes to the Agenda

Councilperson Gapinski requested to add the Sauk Rapids Fire Department’s Steak Fry as agenda item 12-A. Terry Wotzka requested to addCSAH 3/Golden Spike Corridor Open House Meeting as agenda item 11-A.

3.Approve the Agenda

Motion: Moved by Councilperson Weberand seconded by CouncilpersonSaundersto approve the Agenda as amended. Motion carried unanimously.

4.Approve Minutes

A. 1-10-11 Special City Council Minutes

Motion: Moved by Councilperson Saundersand seconded by Councilperson Gapinskito approve the 1-10-11 Special City Council Minutes. Motion carried unanimously.

B. 1-10-11 Regular Meeting Minutes

Motion: Moved by Councilperson Gapinski and seconded by CouncilpersonGunderson to approve the 1-10-11 Regular City Council Meeting Minutes. Motion carried unanimously.

5.Receive and File

NONE

6.Mayor’s Communications

  • Thank You To Student Mayor--Mayor Campbell thanked Mable Fale, January Student Mayor of the Month, for participating in the program and asked her to promote the program to other Sauk Rapids-Rice students who may be interested in taking their seat at the Council dais. He noted that the City was looking for students to fill the February, March, or May slots for the 2010-11 school year.

7.Audience Items/Visitors

Total Time Limit 10 Minutes for Items NOT on the Agenda

NONE

8. Public Hearings

A. ApplicantPurpose

Bill GravesTo Consider A Variance Request To Allow A

Business Sign 5.5 Feet From The Neighboring

Property Line Rather Than The 10 Feet Required By The Ordinance. Located At 206 Benton Drive North

  1. Open Public Hearing

Todd Schultz noted that Bill Graves is requesting to have a freestanding sign setback 5.5 feet from the neighboring property line on 2nd Avenue North instead of the ordinance required 10 foot setback.

Schultz explained that the property at 206 2nd Avenue North is zoned D-1, Downtown Business District. Ordinance Section 10.16 Subdivision 11G states that freestanding signs must be setback 10 feet from neighboring properties. Schultz noted that Ordinance Section 10.17C Subdivision 3 states that no variance in the provisions or requirements will be authorized unless certain facts and conditions exist. He reviewed the list of facts and conditions for the Council.

Schultz stated that staff recommended approval of the variance at the Planning Commission; however, the Planning Commission unanimously recommended denial. Schultz said that staff’s recommendation is still the same based on the belief that the approval of a 4.5 foot variance will not alter the neighborhood’s essential character, and a variance would still maintain the spirit and intent of the City’s Ordinance and Comprehensive Plan. He advised the Council that although the neighboring property is zoned D-1, Downtown Business District, the Council may want to condition the approval on the sign being externally lit while the primary use of the neighboring property is residential.

Schultz said that the sign could be installed in the parking stall of the parking lot without the need for a variance, which is one of the areas where the Planning Commission didn’t feel that there was a need for a variance.

Bill Graves, 3297 15th St NW, Willmar, addressed the Police Department’s concern about the sign blocking vision. Graves agreed that he had enough parking stalls to give up a spot to allow for the placement of the sign, but he thought that placing the sign in the parking lot would take away from the intent of the sign. He said that he is trying to add to the appeal of the downtown and hoping to draw people to the downtown businesses. Graves stated that in this economy it has taken him a long time to rent out this retail space in the downtown. He explained that he invested the $30,000 for these signs to help these businesses to thrive and remain in the downtown.

Councilperson Weber questioned why the Second Avenue sign would be installed before the sign on Second Street. Graves explained that both signs would be installed at the same time. Graves demonstrated where exactly the signs would be placed.

Steve Heinen,1125 41/2 Ave N--Planning Commission Chair, stated that the Planning Commission’s concern was the sign ordinance and the impact that this variance may have on neighboring properties, which are zoned commercial.

Bill Graves said that if and when the two lots are developed he will personally remove the signs. Graves said that development with the neighboring properties will help all of the downtown businesses to thrive. Graves stated that if there is a valid reason to remove the sign down the road he would be willing to remove the sign.

Councilperson Weber asked if the sign would impede vision for pedestrians. Graves explained that he did not believe that the sign’s location would impede vision for pedestrians.

  1. Close Public Hearing

Motion: Moved by Councilperson Gapinskiand seconded by Councilperson Gunderson to close the public hearing. Motion carried unanimously.

  1. Consider Action

Mayor Campbell said that he truly believes that if the City is to develop these two neighboring parcels then there will have to be a working relationship on both sides in terms of the sign.

Motion: Moved by Mayor Campbell and seconded by Councilperson Gapinskito recommend approval of the 4.5foot variance to the freestanding sign setback from a property line at 206 2nd Avenue North and direct staff to bring back findings of fact to the next meeting. Motion carried unanimously.

B. ApplicantPurpose

City of Sauk RapidsTo Consider An Ordinance Amendment to Code

Section 10.12B (the C-3, District) Within the City

Of Sauk Rapids That Would Allow Specially

Designed Precast Concrete With Applied

Decorative Materials Or Textures As A

Permitted Building Material

  1. Open Public Hearing

Todd Schultz advised the Council that the proposed language will allow the same type of precast concrete building material in the C-3, Highway Commercial District as is allowed in the D-1, Downtown Business District. He noted that recently a developer has approached staff inquiring about using concrete tip-up materials as are allowed in the D-1 District. Schultz shared with the Council the proposed additions to the C-3 District’s ordinance.

Mayor Campbell asked about the Wells Concrete Plant in Albany where staff toured concrete tip- up buildings. Schultz said that concrete tip-up materials have come a long way and they provide a great option for the MN climate in terms of construction time.

Art Buhs 473 9 ½ Street N, questioned who makes the final decision on whether or not the tip-up design and materials meet the criteria. Schultz explained that he as the Community Development Director would review the materials and plans and then it would go to the Planning Commission and then to the City Council for final approval.

  1. Close Public Hearing

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to close the public hearing. Motion carried unanimously.

  1. Consider Action

Motion: Moved by Councilperson Gapinski and seconded by Councilperson Weberto approve an ordinance amending ordinance section 10.12B to allow specially designed precast concrete with applied decorative materials or textures as a permitted building material within the C-3, Highway Commercial District in the City of Sauk Rapids and approve the summary of publication resolution. Motion carried unanimously.

9.Consent Agenda

  1. Accept Donation of $100 To The Police Department From Residential Mortgage Group
  2. Approve and Authorize Amusement Permit for 5-10-11 Circus Pages International, Inc. Circus, and Direct Police Chief To Enter In To Standard Police Services Agreement
  3. Approve Confirmation That The City of Sauk Rapids DOES NOT WAIVE Monetary Limits on Municipal Tort Liability Established by MN Statutes 466.04
  4. Approve Purchase Agreement For Hoppe Property
  5. Approve 2011 Plumbing Contractor License
  6. Approve Section 7.01 Ordinance Amendment Regulating The Discharge of Firearms and Dangerous Weapons; and Approve the Summary of Publication—Pulled For Discussion
  7. Approve 2010 Pay Equity Report

Motion: Moved by Councilperson Saundersand seconded by CouncilpersonGapinski to approve agenda items 9A-9E, and 9-G. Motion carried unanimously.

9-F. Approve Section 7.01 Ordinance Amendment Regulating The Discharge of Firearms and Dangerous Weapons; and Approve the Summary of Publication

Councilperson Gunderson questioned if some of the wording could be looked at as it relates to this ordinance. He noted that his concern is with the existing language and not the new language.

Todd Schultz said that he and the Police Chief could meet with Councilperson Gunderson to address his concerns as it relates to the language contained in this ordinance.

Schultz said that the site plan for the gun range approved last month was contingent upon the proposed language being added.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gapinskito approve Section 7.01 Ordinance Amendment Regulating the Discharge of Firearms and Dangerous Weapons and Approving the Summary of Publication. Motion carried unanimously.

10.Regular Agenda

NONE

11.Other Staff Items

A. CSAH 3/Golden Spike Corridor Design Open House

Terry Wotzka informed the Council that the first open house public meeting for the CSAH 3/ Golden Spike Corridor project will take place on Monday, February 7th from 4:30pm until 6:00pm. The meeting will take place in the Council Chambers at the Fire Hall. Notices will be sent out to people located on the corridor.

Mayor Campbell asked that this meeting be advertised as a public meeting. He also asked that the information regarding this meeting be placed on the cable access channel and website.

12.Other Council Items and Communications

A. Fire Department’s Steak Fry

Councilperson Gapinski noted that the Fire Department’s Steak Fry is scheduled to take place on Friday, February 11th from 4:00pm to 10:00pm at the Sauk Rapids VFW. He stated that the proceeds from the fundraiser go to the Relief Association.

13.Approve List of Bills and Claims

Motion: Moved by Councilperson Gapinskiand seconded by Councilperson Saunders to approve the List of Bills and Claims. Motion carried unanimously.

14.Adjournment

Motion: Moved by Councilperson Saundersand seconded by Councilperson Gundersonto adjourn the meeting. Motion carried unanimously.

Mayor Campbell adjourned the meeting at6:32p.m.

Respectfully Submitted,

Dana Furman

Administrative Services Coordinator

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