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04-18-2011 CCMMEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 18, 201 I Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, ~'estgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Planning Manager Jeremy Barnhart, City Attorney Peter Beck, and Recording Secretary Jennifer Johnson Also Present: Planning Commissioner Eric Johnson 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 6:30 p.m. by Mayor Dietz. 2. Consider 04/18/2011 Agenda Ms. Johnson requested that item 3.4. be pulled from the Consent Agenda for further review. It will be presented at a future meeting. • MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES • ^ APRIL 4, 2011 REGULAR ^ APRIL 4, 2011 CLOSED (BAILEY POINT) ^ APRIL 4, 2011 CLOSED (EELS LABOR NEGOTIATIONS) ^ APRIL 11, 2011 WORKSESSION ^ APRIL 11, 2011 CLOSED (LANDFILL) 3.2. CHECK REGISTER 3.3. ANNUAL RENEWAL OF SALES/STORAGE RETAIL FIREWORKS LICENSE FOR COBORN'S FOODS WITH THE FOLLOWING CONDITIONS: 1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER. City Council Minutes Apri118, 2011 Page 2 2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT • 763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN INSPECTION. 3.5. OUTDOOR WARNING SIREN UPGRADE 3.6. TRANSIENT MERCHANT LICENSE -ALLEN PANTELIS WITH THE FOLLOWING CONDITIONS: 1. ONE 24 SQUARE FOOT SIGN SHALL BE ALLOWED. A TEMPORARY SIGN PERMIT MUST BE OBTAINED PRIOR TO DISPLAY OF THE SIGN. CONTACT THE PLANNING DEPARTMENT AT 763.635.1000. 2. THE MERCHANDISE DISPLAYED SHALL NOT OCCUPY MORE THAN 100 SQUARE FEER [SECTION 38-141(6)]. 3. APPLICANT MUST REMAIN ON THE ASPHALT SURFACE AND NO PRODUCT CAN BE DISPLAYED IN THE GRASSY AREAS. 4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURGACE. 5. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 6. THE AREA SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 7. NO OVERNIGHT STORAGE OF EQUIPMENT OR MERCHANDISE. 8. THE LICENSE SHALL EXPIRE THE LAST DAY OF SEPTEMBER AND SALES SHALL NOT EXCEED 30 DAYS • WITHIN THIS PERIOD. MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. Request by Briggs Properties for Conditional Use Permit for Hotel (Elk River Lodge,). 17432 Yale Street. Case No. Cu 11-07 -Public Hearing Mr. Barnhart presented the staff report. 'The applicant was present to answer questions. Mayor Dietz opened the public hearing. John Schrieber, 16271 Royal Road, Ramsey, is the property owner and explained to the council his concerns regarding condition #4 and condition #8 as outlined in the staff report. He stated he wasn't aware of other motels in the industry limiting a hotel stay to 30 days. He felt limiting the length of stay wouldn't allow for long term guests, such as construction workers, and would turn away business. Mr. Schrieber also stated his concerns with the placement of a future trail easement on the property and didn't feel comfortable with the trail placed so close to the building. Mayor Dietz asked if they removed condition #8, would the applicant be willing to work • with the City in the future when the trail plan was finalized. City Council Minutes April 18, 2011 Page 3 Mr. Schrieber stated he is willing to work with the city but at this time, he didn't want to • commit to a specific location of the easement until the entire trail plan had been completed on all the properties in the area. He also had concerns with who was liable for the trail and who will maintain the trail. There being no one else to speak, Mayor Dietz closed the public hearing. After some discussion, Council agreed to remove condition #4 from the CUP. Revisions were made to condition #8 in a language that was suitable for both the property owner and the City. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE REQUEST BY BRIGGS PROPERTIES FOR CONDITIONAL USE PERMIT, CASE NO. CU 11-07 FOR THE ELK RIVER LODGE HOTEL LOCATED AT 17432 YALE STREET WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES AS REQUIRED BY THE FIRE CHIEF. 3. NO EXPANSION IN THE NUMBER OF ROOMS IS PERMITED. 5. PARKING LOT SHALL BE STRIPED TO ACCOMMODATE AT LEAST 47 PARKING SPACES (1 PER ROOM PLUS 5 EMPLOYEES). 6. BUILDING SHALL BE CONNECTED TO CITY WATER AND ANY • ONSITE WELLS CAPPED AND ABANDONED. 7. ALL SIGNAGE SHALL COMPLY WITH THE C-3 SIGNAGE REQUIREMENTS. 8. AN EASEMENT SHALL BE PROVIDED THROUGH THE PROPERTY WHEN REQUESTED BY THE CITY TO ACCOMMODATE THE FUTURE TRAIL ALONG THE RIVER ANTICIPATED BY THE 171 ST FOCUSED AREA STUDY. SAID TRAIL SHALL BE ALONG THE SOUTHERN PROPERTY LINE AND THE EASTERN EDGE OF THE FLOODPLAIN OR OTHERWISE BE IN A MUTUALLY AGREED UPON LOCATION, AGREED UPON BY THE PARTIES, TAHING INTO ACCOUNT THE REASONABLE NEEDS OF THE OWNER. MOTION CARRIED 5-0. 5.2.A. Interim Use Permit for the Store Building at Wapiti Park, Case No. 10-16 -Public Hearing Mr. Barnhart reviewed that staff had been directed to work with Wapiti's legal representatives to work out agreements over the issues outlined in the staff report. Mr. Beck had drafted an agreement and presented it to Wapiti's attorneys. Mr. Barnhart handed out a fax he had received late in the day from Wapiti's attorney, Adam Kaatz, stating the proposed conditions outlined in the agreement were unreasonable and that they were declining to agree with the conditions. Mr. Barnhart requested the council either recommend approval of the Interim Use Permit (IUP), or deny the IUP and provide direction on whether to commence revocation proceedings on the Conditional Use Permit (CUP). • Ciry Council Minutes Apri118, 2011 Page 4 Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor • Dietz closed the public hearing. Mr. Beck stated he was hopeful that he had worked this out with Wapiti Park. He noted that the IUP could be approved or denied. A resolution of denial included in the staff report and that was drafted earlier in the year, would require some updates as the manure management plan and debris management plan have been received; however, Wapiti still hasn't submitted the required septic inspection report. Mr. Beck asked Council to give staff direction on whether to proceed with the revocation process for the CUP if the IUP is denied. It was the consensus of the council to deny the Interim Use Permit and to commence revocation proceedings on the Conditional Use Permit. The resolution listed in the staff report was amended to remove items 3 and 4 from the Findings of Fact, page 3, item 17, as the manure and debris management plans have been submitted to the City. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 11-17 DENYING THE INTERIM USE PERMIT FOR THE STORE BUILDING AT WAPITI PARK CAMPGROUND. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO PROCEED WITH THE REVOCATION PROCESS FOR THE CONDITIONAL USE PERMIT FOR WAPITI PARK CAMPGROUND. MOTION CARRIED 5-0. • 5.2.B. Consider Wapiti Park Campground. Inc. Liquor Licenses Mr. Beck stated that since the store building is an illegal and non-conforming use and the Interim Use Permit was denied, he suggested staff prepare a resolution of denial of the consumption and display permit, as well as the 3.2. percent malt on and off sale licenses. Council directed staff to prepare such resolution and present at a future meeting. 5.3. Request by Craig Willey for a Conditional Use Permit for a Residential Use in the C-2 Zoning_District. Case No. CU 11-05 -Public Hearing Mr. Barnhart stated the applicant has withdrawn his request for a CUP but since a public hearing had been advertised, council needed to open and close the public hearing. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. 5.4. Reduest by Larry Hickman for Resolution Approving Easement Vacation. Case No. EV 11- 01 -Public Hearing Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY • COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 11-18 FOR VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 11-01. City Council Minutes Apri118, 2011 • MOTION CARRIED 5-0. 6.1. Mayor's Letter to Employees Mayor Dietz explained the letter that was in the council packet. Page 5 There were no comments from the Council in regards to the letter. Mayor Dietz directed staff to mail the letter to all full and part-time staff this week. 6.2. Otsego Recreation Request Ms. Johnson presented the staff report. She stated the request was for staff to continue discussions with Otsego staff should they decide to terminate their contract with Community Education and make a request to receive recreation services from Elk River's Parks and Recreation department. Mayor Dietz stated he hoped to continue to provide programming for Otsego residents and felt this idea was great and to proceed with discussions. Councilmember Motin stated he was concerned with the timing of the request, stating staff is already burdened and felt it would be better to wait unti12013 to provide services for Otsego. Councilmember Gumphrey stated they should be cautious but move ahead with discussions. • Ms. Johnson stated this will not move forward if it is not beneficial to Elk River's recreation program. She further stated staff workload will be a priority in the discussion to that staff doesn't become overburdened. She stated Otsego hasn't severed its ties yet and at this time just wanted to get approval to continue talks. Councilmember Westgaard stated they should move ahead with discussions but consider delaying the start time to begin recreation services. Other Business There was no Other Business. 8. Council Updates There were no Council Updates. 9. Staff Updates There were no Staff Updates. Mayor Dietz read a closed meeting statement as prepared on the Council agenda. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City • Council at 7:40 p.m. City Council Mnutes Apri118, 2011 Minutes prepared by Jennifer Johnson. • A //////~ Tina Allard, City Clerk J n J. ietz, ay • Page 6 •