Loading...
08-02-2010 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL • MONDAY, AUGUST 2, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, Gumphrey, and Motin ' Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Recreation Manager Steve Benoit, City Attorney Peter Beck, Finance Director Tim Simon, Human Resources Representative Lauren Wipper, Building Maintenance Supervisor Gary Lore, IT Manager Bob Pearson, and City Clerk Tina Allard Also Present: Planning Commissioner Chad Westberg 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 08/02/2010 Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. 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. 7/19/10 COUNCIL MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. SOLICITOR LICENSE TO TOM PEARSON, JOHN PEDERSON CONSTRUCTION, INC. VALID TO DECEMBER 31, 2010. 3.4. MASSAGE THERAPIST LICENSE TO AMY WHITE MOUNTAIN FOR SIMONSON'S SALON VALID TO DECEMBER 31, 2010. 3.5. ADOPT ORDINANCE 10-12 OF THE CITY OF ELK RIVER AMENDING CHAPTER 30 OF THE ELK RIVER, MINNESOTA CITY CODE TO ADD A NEW INDUSTRIAL ZONING DISTRICT, THE I-3 GENERAL INDUSTRIAL ZONING DISTRICT, AND TO IDENTIFY THE USES ALLOWED AND ARCHITECTURAL STANDARDS APPLICABLE IN THE I-3 DISTRICT. 3.6. ADOPT RESOLUTION 10-42 AUTHORIZING EXECUTION OF AGREEMENT OF TRAFFIC ENFORCEMENT GRANTS IN REGARDS TO CRASH AND SAFE AND SOBER CAMPAIGNS. MOTION CARRIED 5-0. • 4. Olen Mike City Council Minutes August 2, 2010 Page 2 Elk River Utilities Coininissioner John Dietz discussed a complaint received by Councilmember Motin regarding utility rates in Elk River. He distributed a letter from • Utility Superintendent Troy Adams to the complainant and noted the letter offered comparisons of rates between Elk River Utilities and other local utility companies. He noted Elk River Utilities was in line with surrounding communities. Commissioner Dietz stated the Elk River Utilities is called upon many times by the Minnesota Municipal Utility Association to assist other communities. Commissioner Dietz discussed the quick response time of Elk River Utilities during a recent storm in Elk River. He noted the utility company who owned the lines couldn't make it to the site for 6-8 hours but that ERMU was able to respond quickly to restore power. Andy Fischer, 13231 182nd Lane -Handed out photographs of the prairie grass plantings at the intersection of Hudson Avenue and Orono Parkway. He expressed visibility concerns with vehicles that sit lower to the ground being unable to see the intersection clearly. Paul Sheets, 1766 5~ Street -President of the Lake Orono Improvement Association - Discussed the dredging study and curly leaf pond weed projects for Lake Orono. Dredging Study Mr. Sheets stated the study was to be a cost-share project between the Association, the City, and the County with a total project estimate of $5,000. He stated the Association is requesting $2,000 from the city for the study. He stated the last dredging study was done approximately 11 years ago and the plan was that the lake wouldn't need to be dredged again for 20-30 years. He stated the study would help deterinuie if they can wait for the full 20 year span to dredge again or whether they may need to do something sooner due to some silting that is occurring on the lake now. He noted if they need to dredge they would need to find a place to store the silt and costs would be much higher this time around. He stated they are seeking out options that are less costly based on early intervention. There was discussion on which fund the money should be taken from to help pay for the study. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE $2,000 FROM COUNCIL CONTINGENCY FOR COST SHARE PARTICIPATION IN A LAKE ORONO DREDGING STUDY. MOTION CARRIED 5-0. Curly Leaf Pond Weed Mr. Sheets stated the Association would like to draw down the lake in order to kill off some of this invasive weed. He stated the Association has gotten 75% of the riparian landowner's signatures on a petition and that a public hearing is required at the city level before the Department of Natural Resources (DNR) can authorize the draw down. • City Council Minutes August 2, 2010 Page 3 Ms. Johnson stated the DNR will verify the signatures. Ms. Johnson discussed the required • process in order to draw down the lake. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO SET A PUBLIC HEARING DATE OF TUESDAY, SEPTEMBER 7, 2010, FOR THE DRAW DOWN OF LAKE ORONO IN ORDER TO REDUCE THE CURLY LEAF POND WEED. MOTION CARRIED 5-0. Councilmember Motin stated he would like more information provided for both these projects. 5.1. Bailey Point Ms. Johnson noted this item was requested to be delayed as discussed in her staff report. 5.2. Request by Wapiti Park (Lorraine White) for Interim Use Permit, Case No. CU 10-16 - Public Hearin Mr. Barnhart presented the staff report noting staff and the Planning Commission's recommendation. Tricia Joy Herom, 510 Canterbury Lane, Moses Lake Washington -Stated she has been camping at Wapiti for 12 months. She read a letter to the Council stating she felt the city was trying to force the campground out of business. • Adam Kaatz, 1907 E. Wayzata Blvd. -Representing Wapiti stated he sent an email late today, which he proceeded to summarize. He noted there have been no adverse comments against Wapiti. Mr. Kaatz stated the conditions suggested in the Staff Report are unfair, pre-empted by state law or take away from Wapiti's right to a legal non-conforming use. He stated only one condition (that the approval is valid for 10 years) has anything to with the building. He stated Conditions 2-4 have nothing to do with the building and are governed by statutes and the MN. Department of Health. He stated having the business close down for two months takes away from their right as a legal non-conforming use. Mr. Kaatz stated the condition regarding Wapiti compliance with all nine conditions of their 1984 permit is not legal with respect to issuing a conditional use permit for a legal non- conforminguse. He requested the Council approve the permit for Wapiti subject only to the conditions that were outlined in the 2000 permit. He also requested the permit be valid for 30 years due to the structure of the building being to specifications of 40-50 years. Katryna Kish, 518 113 Avenue, Coon Rapids -Stated she is opposed to Condition # 5 regarding the two month closure of Wapiti. Mark Olson, 18788 Yankton Street -Stated he is opposed to the closure of Wapiti. He stated some people need to live in trailers because it's all they can. afford and the city should help Wapiti. He stated some parks ask campers to move from one spot to another but are never asked to shut down. • City Council Minutes August 2, 2010 Page 4 Alisha Kish, 518 113 Avenue, Coon Rapids -Stated she has camped at Wapiti for 12 years. She stated her family camps at Wapiti and her kids now go to the Elk River School District. She stated she had to live at Wapiti for six months during hard times. She stated she is opposed to closing Wapiti during the winter months. Angel Hardy -Stated her driver's license has a Wapiti Park Campground address because she drives a school bus and delivers pizza's and has to have an address on her license. She stated she is opposed to closing Wapiti down. Joe Gordon, 2112 North Lake, Fort Worth, Texas -Stated he stays at Wapiti for 5-6 months at a time. He stated he has Wapiti as his address because the State of Minnesota requires him to have a license after being in the State for more than 30 days. He stated he is opposed to closing Wapiti down for any length of time. Michael Clopping, 18540 Troy Street -Stated he is opposed to closing Wapiti. He stated concerns with the maintenance of his road if Wapiti is closed down as they are currently keeping the road maintained. Kim Satavich 518 113 Avenue, Coon Rapids -Stated she has never had any safety concerns for her children at Wapiti. She stated she is opposed to shutting down Wapiti. Chris Kish, 518 113 Avenue, Coon Rapids -Stated he is opposed to closing down Wapiti during the winter months. Mayor Klinzing closed the public hearing. Attorney Beck explained the state law defined terms for recreational camping area and • recreational camping vehicles. Mr. Barnhart stated it isn't the goal of staff to shut down Wapiti. He indicated that staff, in working with the applicant, didn't come to an agreement on how to measure that people staying at Wapiti are only there on a temporary basis. He noted this has been a consistent issue and stated the two month closure is the easiest option for staff to monitor compliance. Council agreed they had no issue allowing year-round camping but there has to be other options for making sure permanent residents are not living at Wapiti because it is a recreational camping facility. Council agreed that the outstanding violations need to be taken care of and expressed safety and welfare concerns. Attorney Beck noted there are many areas in which the city enforces state regulations. He stated the city has the authority to regulate a licensed campground in the interest of public health, safety, and welfare. Councilmember Gumphrey questioned if there were any structures that needed to be removed. Mr. Barnhart stated several structures have exposed plumbing and additions attached to campers. Mayor Klinzing stated many of the people speaking tonight are describing their residence and not a campground. She stated this is an issue because Wapiti is a campground and not a • mobile home park. She noted state law says recreational camping facilities can't be City Council Minutes Page 5 August 2, 2010 ----------------------------- permanent residences. She discussed the police report with the 440 calls out to Wapiti and • noted some examples such as a meth lab, numerous assaults, a campfire injury, raw sewage leaks, exploding camper, and a newborn baby staying with their parent in a tent during the winter. She expressed safety and welfare concerns due to these police calls. She stated she would like to see Wapiti come into compliance and the city needs to ensure that there aren't permanent residents staying at the campground. Attorney Beck stated there are other options but they may require the city getting involved more in Wapiti's business than both sides would like. He suggested Wapiti adopt rules governing length of stay and submit a plan to the city with evidence of compliance on a periodic basis. He stated Wapiti has a history of non-compliance over many years. He stated Wapiti hasn't complied with the conditions imposed for the last 20 years so another solution should be worked out. He stated staff is willing to work with the applicant and encourages Wapiti to come forward with a plan to address the permanent residenry issue. Councilmember Motion questioned if a condition should be added that requires a plan be submitted to the city demonstrating compliance with non-residenry at a recreational camping facility. Attorney Beck stated the best solution would be for Council to review and approve a plan as he felt acceptance at staff level would be too much delegation. He suggested giving the applicant an opportunity to bring a plan to Council. He noted this was suggested to the applicant at staff level. Mr. Beck further noted the city is not trying to put Wapiti out of business but have been trying to work with the applicant to ensure state law and interim use permit compliance. He expressed concerns with vehicles not complying with building codes . and noted these codes are designed to protect people from public health, safety, and welfare issues. Councilmember Gumphrey suggested adding a condition that a plan must be in place by January 1, 2011, so that the interim use permit can be approved tonight to accommodate Wapiti. Councilmember Motin further suggested a condition stating the permit shall terminate if there is not an agreeable plan in place that verifies that the property is not able to be used for year-round residential purposes. Attorney Beck suggested the Council issue the permit with an expiration date of January 1, 2011. He stated the city would have to begin a revocation process if the permit was approved for 10 years and an acceptable plan never came forward. Councilmember Moon suggested the interim use permit be based on a time specific event. Then if the event didn't occur, the permit would automatically terminate. There was discussion on the conditions and how they should be organized. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE AN INTERIM USE PERMIT FOR WAPITI PARK CAMPGROUND, INC., CASE NO. CU 10-16 WITH THE FOLLOWING CONDITIONS: • 1. THE APPLICANT SHALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. City Council Minutes August 2, 2010 Page 6 2. THE INTERIM USE PERMIT SHALL BE VALID FOR TEN YEARS OR • UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. IN ADDITION THE INTERIM USE PERMIT SHALL TERMINATE JANUARY 1, 2011, IF THE FOLLOWING ITEMS HAVE NOT BEEN COMPLETED: A. A VERIFIABLE PLAN HAS BEEN APPROVED BY THE CITY COUNCIL THAT WILL ENSURE PERMANENT RESIDENTS WILL NOT LNE AT THE RECREATIONAL CAMPING FACILITY. B. AN INSPECTION HAS VERIFIED THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL; C. STAFF HAS APPROVED A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE; D. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN ; E. THE APPLICANT HAS PROVIDED EVIDENCE THAT IT IS IN COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR; F. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 HAVE BEEN REMOVED; AND G. THE APPLICANT IS IN FULL COMPLIANCE WITH THE NINE CONDITIONS OF THE 1984 CONDITIONAL USE PERMIT, AS FOLLOWS: 1) THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. WHITE AND THE CITY OF ELK RIVER FOR ACCESS FOR THE PROPERTY; 2) THAT THE NUMBER OF CAMPSITES WITHIN THE PROPERTY BE ESTABLISHED AT 109, WITH 20 TENT SITES AND THAT NO ADDITIONAL CAMPSITES BE PERMITTED; 3) THAT THE HOURS OF THE CAMPGROUND OPERATION BE FROM 8 AM TO 11 PM; 4) THAT ONLY MINOR MAINTENANCE AND REPAIR OF RECREATIONAL VEHICLES WHICH IS RESTRICTED TO CUSTOMERS OR CAMPERS ON THE SITE BE PERMITTED AT THE WAPITI FACILITY; 5) THAT THE STORE AND RESTAURANT ON THE EXISTING SITE BE USED PRIMARILY FOR INDIVIDUALS UTILIZING THE CAMPGROUND FACILITY AND THAT THE STORE AND • RESTAURANT NOT BE EXPANDED; City Council Minutes August 2, 2010 6) THAT THE PERMIT BE REVIEWED EVERY TWO YEARS; Page 7 7) THAT THE HORSES HOUSED AT THE SITE BE KEPT IN SUCH A MANNER THAT THEY DO NOT PROVIDE A NUISANCE TO ANY NEIGHBORING PROPERTY AS DEFINED IN THE CITY'S NUISANCE ORDINANCE; 8) THAT THE PROVISIONS OF THE MINNESOTA DEPARTMENT OF HEALTH RULES AND REGULATIONS PERTAINING TO RECREATIONAL CAMPING AREAS AND REFERRED TO AS MDH 187, AND THE PROVISIONS OF MINNESOTA STATUTE 327.10 THROUGH 327.28 PERTAINING TO RECREATIONAL CAMPING AREAS AND RECREATIONAL CAMPING VEHICLES SHALL APPLY AND BE CONDITIONS WITHIN THE CITY'S CONDITIONAL USE PERMIT; AND 9) THAT THE WHEELS MUST REMAIN ON VEHICLES PARKED IN CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES. MOTION CARRIED 5-0. • A. Consider Liquor Licenses Ms. Allard presented the staff report and noted the licenses should also be contingent on Condition #2 of the Wapiti interim use permit discussed above. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE 3.2. PERCENT ON SALE AND 3.2. PERCENT OFF SALE LIQUOR LICENSES, AND A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK CAMPGROUND, INC. WITH THE CONDITION THAT THE FOLLOWING CONDITIONS OF INTERIM USE PERMIT, CASE NO. CU 10-16, MUST BE MET BY JANUARY 1, 2011 OR THE LIQUOR LICENSES MAYBE REVOKED: A. A VERIFIABLE PLAN HAS BEEN APPROVED BY CITY COUNCIL THAT WILL ENSURE PERMANENT RESIDENTS WILL NOT LIVE AT THE RECREATIONAL CAMPING FACILITY. B. AN INSPECTION HAS VERIFIED THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. C. STAFF HAS APPROVED A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE; D. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN ; • E. THE APPLICANT HAS. PROVIDED EVIDENCE THAT IT IS IN COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR; City Council Minutes August 2, 2010 Page 8 F. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES • SECTION 327.14, SUBDIVISION 7 HAVE BEEN REMOVED; AND G. THE APPLICANT IS IN FULL COMPLIANCE WITH THE NINE CONDITIONS OF THE 1984 CONDITIONAL USE PERMIT, AS FOLLOWS: 1) THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. WHITE AND THE CITY OF ELK RIVER FOR ACCESS FOR THE PROPERTY; 2) THAT THE NUMBER OF CAMPSITES WITHIN THE PROPERTY BE ESTABLISHED AT 109, WITH 20 TENT SITES AND THAT NO ADDITIONAL CAMPSITES BE PERMITTED; 3) THAT THE HOURS OF THE CAMPGROUND OPERATION BE FROM 8AMT011PM; 4) THAT ONLY MINOR MAINTENANCE AND REPAIR OF RECREATIONAL VEHICLES WHICH IS RESTRICTED TO CUSTOMERS OR CAMPERS ON THE SITE BE PERMITTED AT THE WAPITI FACILITY; 5) THAT THE STORE AND RESTAURANT ON THE EXISTING SITE BE USED PRIMARILY FOR INDIVIDUALS UTILIZING THE CAMPGROUND FACILITY AND THAT THE STORE AND • RESTAURANT NOT BE EXPANDED; 6) THAT THE PERMIT BE REVIEWED EVERY TWO YEARS; 7) THAT THE HORSES HOUSED AT THE SITE BE KEPT IN SUCH A MANNER THAT THEY DO NOT PROVIDE A NUISANCE TO ANY NEIGHBORING PROPERTY AS DEFINED IN THE CITY'S NUISANCE ORDINANCE; 8) THAT THE PROVISIONS OF THE MINNESOTA DEPARTMENT OF HEALTH RULES AND REGULATIONS PERTAINING TO RECREATIONAL CAMPING AREAS AND REFERRED TO AS MDH 187, AND THE PROVISIONS OF MINNESOTA STATUTE 327.10 THROUGH 327.28 PERTAINING TO RECREATIONAL CAMPING AREAS AND RECREATIONAL CAMPING VEHICLES SHALL APPLY AND BE CONDITIONS WITHIN THE CITY'S CONDITIONAL USE PERMIT; AND 9) THAT THE WHEELS MUST REMAIN ON VEHICLES PARKED IN CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES. MOTION CARRIED 5-0. 5.3. Ordinance Amendment Relating to Hunting and Shooting Near Parks and Trails Mr. Benoit presented Mr. Leeseberg's staff report. • City Council Minutes August 2, 2010 Page 9 . MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 10-13 OF THE CITY OF ELK RIVER AMENDING SECTION 50-117 OF THE CITY CODE OF ORDINANCES RELATING TO HUNTING AND SHOOTING NEAR PARKS AND TRAILS. Councilmember Motin requested the following language change to Section 5 (d): A request in writing to hunt in these areas maybe approved by the Police Chief or tkei~ his designee if the person requesting is either the landowner or has received permission from the landowner, and the hunting can be done in a safe manner. Granted requests require that the hunter(s~ be issued a special permit which shall be displayed at all times while hunting on the permitted property THE MAKER AND SECONDER OF THE MOTION WERE AMENDABLE TO THE CHANGE TO THE ORDINANCE. MOTION CARRIED 5-0. 5.4. Discuss Council Worksession Agendas Ms. Johnson presented the staff report. Councilmember Zerwas stated he would prefer to hear the Bailey Point item on the September 13 agenda. Ms. Johnson will check with the property owner to see if his schedule would for this date. Council asked to be notified of the date for this item ahead of time. Other Business There was no other business. Council Updates There were no Council updates. 8. Staff Updates Ms. Johnson reminded Council of the joint meeting with the Sherburne County Board. Ms. Johnson provided an update on the Parks and Recreation Director open position. Mayor Klinzing recessed the meeting at 8:07 p.m. in order for Council to move to the Upper Town Conference Room for a budget Worksession. 9. Recess to Budget Worksession Mayor Klinzing reconvened the meeting at 8:15 p.m. City Council Minutes August 2, 2010 Page 10 Ms. Johnson presented the staff report. The budgets and goals for Administration, Council, • Cable, Human Resources, Information Technology, Finance, Planning Division, and Building Maintenance were reviewed. Administration Budget Council asked to set the Volunteer Dinner budget at $6,000 as aplace-holder at this time in order to see how it will fit with the full budget figures. Information Technology MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO AUTHORIZE THE PURCHASE FOR A MICROSOFT SOFTWARE UPDATE IN THE AMOUNT OF $40,000 FROM THE 2010 BUDGET. MOTION CARRIED 5-0. Building Maintenance Mr. Lore stated a grant opportunity recently became available that could decrease the utility costs for the City Hall building and asked for authorization to proceed with the application process. It was Council consensus for staff to apply for the grant. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:20 p.m. ~,.... T'na A •d, City Cle Stephanie Klinzing, Mayor •