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City Council Minutes April 16, 2007 Page 3 e MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-47 ACKNOWLEDGING THE CONTRIBUTION FROM RESOURCE RECOVERY TECHNOLOGIES (RRT) TO BE USED FOR THE ENERGY EXPO. MOTION CARRIED 5-0. 5.2. 2006 NPDES Permit Update/Annual Meeting Environmental Administrator Rebecca Haug indicated tbat a requirement of tbe city's NPDES permit is to hold a public meeting each year for tbe purpose of providing an update on tbe permit. Ms. Haug explained the city's progress in continuing to meet tbe six minimum control measures as required by tbe NPDES permit. Ms Haug stated tbat anotber component of the permit is to adopt a storm water ordinance. She stated that a storm water ordinance has been drafted which will come back for formal adoption on May 7, 2007. Mayor Klinzing opened tbe public hearing. Arthur Jackett, 19045 Xavier Street -indicated that half of his property is wedand and he is not sure how tbe storm water ordinance will affect his property. He stated tbat he will review the storm water ordinance and get back to staff with comments. There being no one else to speak to this issue, Mayor Klinzing closed tbe public hearing. 5.3. Request bv Richard Kurth ()3roadway Pizza and Bar) for Amendment to Existing Conditional Use Permit to Revise Storage Building Dimensions Case No. CU 07-09 Public Hearing e Planning Manager Jeremy Barnhart indicated tbat tbe applicant is requesting a larger storage building tban what was approved witb his original conditional use permit (Case No. CU 05- 13). Mr. Barnhart reviewed the request noting tbe building is generally not consistent witb a highway business use, but is not prohibited. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed tbe public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE REQUEST BY RICHARD KURTH (BROADWAY BAR AND PIZZA) FOR AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT TO REVISE STORAGE BUILDING DIMENSIONS, CASE NO. CU 07-09 WITH THE FOLLOWING CONDITIONS: e 1. THE 40' X 56' BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE 40' X 56' BUILDING SHALL BE USED FOR STORAGE PURPOSES ONLY. 3. THE 40' X 56' BUILDING SHALL BE SETBACK 25-FEET FROM THE WEST PROPERTY LINE. 4. NO EXISTING TREES ALONG THE WEST PROPERTY LINE SHALL BE REMOVED WITH THE CONSTRUCTION OF THE 40' X 56' BUILDING.