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04-04-2011 CCM• MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 4, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Westgaard, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager JeremyBarnliart, City Engineer Justin Femrite, Environmental Administrator Rebecca Haug, Finance Director Tim Simon, City AttorneyPeter Beck, Police Chief Brad Rolfe, and City Clerk Tina Allard 1. Call Meeting. To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:44 p.m. byMayor Dietz. 2. Consider 04/04/2011 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION • CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES ^ MARCH 14, 2011. ^ MARCH 21, 2011 REGULAR. ^ MARCH 21, 2011 CLOSED. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. TEMPORARY ON-SALE LIQUOR LICENSE TO ELK RIVER ROTARY FOR MAY 12, 2011 FOR TASTE OF ELK RIVER EVENT HELD AT LIONS PARK CENTER. 3.4. ADVERTISE FOR SECRETARY/RECEPTIONIST POSITION FOR THE POLICE DEPARTMENT. MOTION CARRIED 5-0. 4. en Mike No one appeared for Open Mike. City Council lblinutes Page 2 Apri14, 2011 4.1. Senator Mike Jungbauer It was noted that Senator Jungbauer wouldn't be able to attend the meeting due to the • passing of his father. Condolences were expressed by Council. 5.1. Wapiti Park A. Interim Use Permit for the Store Building at Wapiti Park, Case No 10-16 B. Direction on Liquor Licenses Mr. Barnhart presented the staff report and requested direction on the five conditions that Wapiti has proposed. Councilmember Motin questioned how the 360 days complies with the temporary requirements of recreational camping. He noted there are kids who go to school from the campground. Attorney Beck stated staff asked Wapiti Park to come forward with a plan they felt would address the temporary residency issue and their proposal's response was to limit camping to 360 days. Councilmember Westgaard questioned the city's reason for regulating temporary residency in campgrounds if the State doesn't regulate it. He questioned if the State addressed the skirting and hard piping type issues. Mr. Barnhart stated the city's goal has been to maintain Wapiti Park as a campground but people have taken up residency. Attorney Beck reviewed the recreational camping area definition and recreational cam in • p g vehicles definitions from state statute. He stated recreational camping vehicles are described as portable structures designed as temporary dwellings for travel, recreational, and vacation uses. He stated in order for Wapiti Park to be a State licensed campground, the intent has to be that it has temporary campers. He further noted the State doesn't provide guidance on the definition of temporary. Council questioned the staff recommendations to Wapiti's Parks proposal in the report. Mr. Barnhart stated staff has not suggested a number of days that could be considered temporary but requested that the guest book be open for review by the city in order to verify that campers are moving through the grounds. He stated staff is open to suggestions regarding the number of days allowed for temporary camping. Councilmember Gumphrey agreed with staff's recommendations in the report. Councilmember Westgaard questioned if staff was proposing that no storage shed be allowed on any campsite or whether one storage shed no larger than 80 feet shall be allowed on each site. Attorney Beck stated staff is recommending no storage shed. He stated he had a very productive meeting with Wapiti's attorney and noted they have been working very well with the city. He stated it would be appropriate to give Wapiti Park an opportunity to speak and address some of the issues and for the city to get feedback from them. He noted Wapiti • City Council Minutes April 4, 2011 Page 3 Park's attorney brought to his attention that the Council may have approved 120 square foot • storage sheds back in .1998 Adam Katz, attorney for Wapiti Park -Stated concerns for Conditions Number 4 and 5 regarding storage sheds and structures attached to camping vehicles. He stated these were new conditions added by staff since their last meeting. He stated the Council gave Wapiti permission to build 120 square foot storage sheds and vestibules on each campsite back in 1998. He stated Council talks about the safety and well-being of people but yet they don't want to allow insulation to be put on campers for those who do winter camping. He stated his legal position is sound because Wapiti Park is a legal non-conforming use and the city can't regulate non-conforming uses for an Interim Use Permit. He stated Wapiti Park has done what was asked of them but they're willing to try and work out a better proposal. Mr. Katz stated it is typical for campers to leave their equipment at sites and to come back to them. He stated it was a legitimate request by the city to allow review of the guest book. He stated Wapiti Park can't and shouldn't be expected to police the area for license compliance and doesn't see where his client would be required by state law to check them. He stated the MN Department of Health has never withheld a license from Wapiti Park. He noted in his original proposal he incorrectly stated 80 square feet for vestibules and storage sheds. Attorney Beck stated staff has a partial copy of some 1998 Council minutes provided by Mr. Katz regarding the storage sheds but that further review would be needed. He stated the minutes discuss staffs recommendations but not whether they were adopted by Council as recommended. He stated the staff recommendation says breezeways and screen porches are allowed but they have to be portable, not connected to the recreational vehicle, and have quick disconnect utilities. • Councilmember Zerwas stated the structures on Wapiti Park recreational vehicles don't look quick disconnect. Attorney Beck stated there were numerous other conditions mentioned in the minutes, including that no licensed or inoperable vehicles are allowed. He stated the unlicensed vehicles came to staff's attention because they are being taxed as mobile homes, which is a concern because this is not a mobile home park and doesn't meet any state or city requirements of a mobile home park. Mayor Dietz questioned if staff's recommendation for Condition Number 4 and 5 (regarding storage sheds and structures attached to camping vehicles) would need further review. Attorney Beck stated the prior approval should be given some weight, but whether the current situation at Wapiti Park varies enough from the conditions in the minutes and what a typical RV screen enclosure would be, are for Council to discuss and to provide feedback on so staff can come back with a more firm recommendation. Mayor Dietz requested to know how many camping spots there are and how many storage sheds are on the sites. Mr. Katz stated he was unsure but could provide the information. It was indicated that there may be less than a dozen storage sheds. Councilmember Westgaard stated he would like more details about the 1998 Council • decision. He would like to reach an agreement that both parties would be agreeable to. He stated Condition Number 3 regarding licensed, operable vehicles was important and that City Council Minutes Page 4 Apri14, 2011 ----------------------------- common language is needed to ensure that the property is being used as a recreational campground and not a mobile home development. • Mr. Katz stated Conditions Number 1 and 2 should address the recreational campground issues. He stated he is open to cleaning up the language but wanted no unreasonable burdens placed on his client. Councilmember Gumphrey concurred with Councilmember Westgaard and stated it is clear from the photos that Wapiti Park is not operating as a campground and is unacceptable. Councilmember Motin agreed. He stated the applicant is running a mobile home park and stated that guest books are easily doctored. He suggested limiting camping to 180 days. He stated the owner has not been policing Wapiti and this will be a nightmare for enforcement by the city. He stated he would be fine with staff's recommendations with the exception of looking at the storage shed issue. Councilmember Zerwas concurred with Councilmember Motin and further agreed with the 180 days. He stated the vehicles need to be licensed and registered. He stated fixed sewage lines are not acceptable. Attorney Beck clarified the direction from Council. He noted the consumption and display permit for Wapiti expired in March and outlined the options for Council to consider. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO EXTEND THE INTERIM USE PERMIT, CASE NO. CU 10-16 FOR THE WAPITI PARK STORE BUILDING TO APRIL 18, 2011. MOTION CARRIED 5-0. • Council opted to take no action on the Consumption and Display permit at tonight's meeting but asked that it be brought back for discussion on April 18, 2011. 5.2. Ordinance Amending Section 26-40 of the City Code Regarding Tobacco Product Shops Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 11-02 AMENDING SECTION 26-40 OF THE CITY OF ELK RIVER CODE OF ORDINANCES REGARDING TOBACCO PRODUCTS SHOPS. MOTION CARRIED 5-0. 5.3. Consider Tobacco License for Omar Wazwaz DBA/Smokes 4 Less, Inc Ms. Allard presented the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A TOBACCO LICENSE TO SMOKES 4 LESS, INC, OMAR WAZWAZ TO DECEMBER 31, 2011 WITH THE FOLLOWING CONDITIONS: 1. NO SMOKING SHALL BE ALLOWED IN THE TOBACCO PRODUCT • SHOP. City Council Minutes Page 5 April 4, 2011 ----------------------------- • 2. THE LICENSE SHALL NOT TAKE EFFECT UNTIL OMAR WAZWAZ COMES INTO OWNERSHIP OF THE TOBACCO PRODUCT SHOP. 3. THE LICENSE IS ISSUED TO OMAR WAZWAZ AND IS VALID ONLY SO LONG AS OMAR WAZWAZ IS THE 100% OWNER OF THE TOBACCO PRODUCT SHOP. NO OWNERSHIP INTEREST IN THE TOBACCO PRODUCT SHOP MAYBE TRANSFERRED. TO ANY OTHER INDIVIDUAL OR ENTITY UNLESS A NEW APPLICATION FOR A LICENSE IS SUBMITTED BY ALL PROPOSED OWNERS AND A NEW LICENSE IS ISSUED. TRANSFER OF ANY OWNERSHIP INTEREST IN THE TOBACCO PRODUCT SHOP TO ANYONE OTHER THAN OMAR WAZWAZ SHALL BE A VIOLATION OF THE LICENSE AND CAUSE FOR REVOCATION OF THE LICENSE. MOTION CARRIED 5-0. 5.4. 171St Area AUAR and Preliminary Engineering Proposals Mr. Femrite presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE $99,294 FOR PROFESSIONAL SERVICES FROM WSB & ASSOCIATES FOR COMPLETION OF 171sT AREA AUAR AND PRELIMINARY ENGINEERING REPORT FOR PHASE 1 IMPROVEMENTS. MOTION CARRIED 5-0. • 5.5. Request for Plaisted Companies Sand & Gravel Mining Operation EAW Ms. Haug presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-15 REGARDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PLAISTED COMPANIES DECLARING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR PLAISTED COMPANIES. MOTION CARRIED 5-0. 5.6. 2011 Street Improvement Project Mr. Femrite presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE $109,195 IN PROFESSIONAL SERVICES FROM BOLTON AND MENK, INC. FOR THE 2011 STREET IMPROVEMENT PROJECT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-16 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE • PAVEMENT REHABILITATION IMPROVEMENT OF 2011. MOTION CARRIED 5-0. Ciry Council Minutes Page 6 April 4, 2011 ----------------------------- 5.7. Commercial Purchase Agreement Between the Houlton Investment Company and the City • of Elk River Ms. Johnson presented the staff report Councilmember Zerwas stated he heard concerns from a business owner regarding restrictions on overnight parking and he was not interested in implementing overnight parking and suggested there may be other ways to remove snow from the property. Mayor Dietz noted the city had concerns about the negative impact of losing 68 parking spots in the downtown and also wanted to show support to the downtown businesses with the purchase of this land. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE COMMERCIAL PURCHASE AGREEMENT BETWEEN THE HOULTON INVESTMENT COMPANY AND THE CITY OF ELK RIVER FOR THE PURCHASE OF PARCELS 75-404-0160, 75-405-0540, 75-405-0545, AND 75-405-0550. MOTION CARRIED 5-0. 5.8. Schedule oint Meeting with Ramsey City Council Ms. Allard presented the staff report. It was Council consensus to have the joint meeting on May 9, find out more information from Ramsey, and to bring this item back to Council to discuss agenda topics. • 5.9. Discuss Council Worksession A endas Councilmember Motin added a discussion regarding City Council and staff interaction to the April 11 worksession agenda. 6. Other Business There was no other business. Council Updates Mayor Dietz noted he would like to hold a joint meeting with the school district on a worksession night when the school will also be having their meeting here at City Hall and he would be arranging it in the near future. 8. Staff Updates Tlolunteering Ms. Johnson noted the Volunteer Expo was coming up on Tuesday, April 19, at the Activity Center. Mayor Dietz questioned when the utilization of volunteers would be coming back for Council discussion. Ms. Johnson noted that staff was still working on it and had until the end of April to pull ideas together. Mayor Dietz read two closed meeting statements as prepared on the Council agenda. • City Council Minutes Apri14, 2011 Page 7 • 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:50 p.m. L~ Tina Allard, City Clerk Jo J. ietz, ayo • •