Minutes - Council - 10/23/2012 - Laserfiche WebLink

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Charter School as part of this request and the applicant is aware they have to solve parking if requesting an expansion. The Council continued its discussion of parking and agreed the site holds opportunity to build a parking structure, if needed. Motion by Councilmember Elvig, seconded by Councilmember Backous, to Adopt the Resolution Granting Final Plat Approval of NORTHGATE ADDITION; to Adopt the Resolution Adopting the Findings of Fact Related to the Approval of a Conditional Use Permit for the Operation of Northgate Performing Arts Center; to Adopt the Resolution Granting Approval of a Conditional Use Permit for the Operation of Northgate Performing Center; and, to Approve the Site Plan of the Northgate Performing Arts Center, all contingent upon compliance with the City Staff Review letter dated September 28, 2012, with direction by the Planning Commission on the Proposed Proof of Parking Plan to Support the use of Proof of Parking as written in the Resolution. Further discussion: City Attorney Goodrich responded to questions of the Council and indicated there is no legal issue with the City's ability to address parking in the future with a CUP change as long as it is understood that no action tonight will give them more than the ordinance allows at this time. City Administrator suggested the motion include specificity in what defines a "parking problem" so the City has the authority to revoke the CUP should it occur. City Attorney Goodrich concurred and suggested the CUP language be subject to legal review. Substitute motion by Councilmember Elvig, seconded by Councilmember Backous, to Adopt Resolution #12 -10 -166 Granting Final Plat Approval of NORTHGATE ADDITION; to Adopt Resolution #12 -10 -167 Adopting Findings of Fact #0909 Related to the Approval of a Conditional Use Permit for the Operation of Northgate Performing Arts Center; to Adopt Resolution #12 -10 -168 Granting Approval of a Conditional Use Permit for the Operation of Northgate Performing Center; and, to Approve the Site Plan of the Northgate Performing Arts Center, all contingent upon compliance with the City Staff Review letter dated September 28, 2012, with direction by the Planning Commission on the Proposed Proof of Parking Plan to Support the use of Proof of Parking as written in the Resolution, and that it is at the Council's sole discretion to determine whether there is a parking problem, and subject to review and modification by legal counsel as to legal form. Further discussion: The Council agreed the performance standards should be tied to Code parking requirements. Motion carried. Voting Yes: Mayor Ramsey, Councilmembers Elvig, Backous, McGlone, Strommen, Tossey, and Wise. Voting No: None. Councilmember Elvig left the meeting at 8:07 p.m. 7.03: Receive Bids and Authorize Contract for City Project #12 -28 Rum River Hills Storm Sewer Improvements City Council / October 23, 2012 Page 7of11