Loading...
06-20-2011 CCMMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 20, 201 I Members Present: Acting Mayor Gumphrey, Councilmembers Zerwas, Motin, and Westgaard Members Absent: Mayor Dietz Staff Present: Finance Director Tim Simon, Planning Manager Jeremy Barnhart, City Attorney Peter Beck, Fire Chief John Cunningham, Police Chief Brad Rolfe, Various Police Staff, and City Clerk Tina Allard Also Present: None 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 Acting Mayor Gumphrey. Consider 6/20/2011 Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 4-0. • 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 JUNE G, 2011 COUNCIL MINUTES. 3.2. CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 3.3. SPECIAL EVENT PERMIT TO SHERBURNE COUNTY AGRICULTURAL SOCIETY FOR THE SHERBURNE COUNTY FAIR AND PARADE WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL PROVIDE GARBAGE CLEANUP IMMEDIATELY FOLLOWING THE PARADE. 2. SIGNS SHALL BE INSTALLED AT THE FOLLOWING LOCATIONS NO LATER THAN JULY 8, 2011: ^ MAIN STREET AND MORTON AVENUE (ALERTING WESTBOUND TRAFFIC). ^ WEST OF ORONO ROAD AT MAIN STREET AND JOPLIN STREET (FOR EASTBOUND TRAFFIC). ^ ON JOPLIN STREET AT ORONO PARKWAY (ALERTING SOUTHBOUND TRAFFIC). ^ PROCTOR AND MAIN STREET (ALERTING SOUTHBOUND TRAFFIC). THE SIGNS SHALL STATE: MAIN STREET CLOSED City Council Minutes June 20, 2011 Page 2 JULY 15 6:30 PM.-8:30 P.M. • PARADE 3. APPLICANT SHALL PROVIDE PORTABLE TOILETS AND INFORM ALL PARADE STAFF OF THE LOCATION FOR THE TOILETS DURING PARADE STAGING. 4. APPLICANT SHALL ENSURE THAT ALL APPLICABLE FIRE CODES HAVE BEEN MET AND ALL TENTS MUST BE INSPECTED BY THE FIRE MARSHAL'S OFFICE. 5. APPLICANT SHALL PROVIDE THE ELK RIVER FIRE DEPARTMENT, DIVISION OF EMERGENCY MANAGEMENT, WITH A COPY OF THE EMERGENCY OPERATIONS PLAN TO INCLUDE, BUT NOT LIMITED TO, APPROPRIATE ANNEXES FOR SEVERE WEATHER. 6. ACCESS TO THE PUBLIC SAFETY COMPLEX, INCLUDING THE REAR ENTRANCE AREA, SHALL NOT BE OBSTRUCTED. 7. CANDY MAY BE HANDED OUT AT THE PARADE BUT IS NOT ALLOWED TO BE THROWN FROM MOVING OBJECTS. 3.4. PYROTECHNIC FIREWORKS DISPLAY LICENSES TO RES SPECIALTY PRYROTECHNICS, INC. TO CONDUCT A PYROTECHNIC DISPLAY FROM THE ELK RIVER HIGH SCHOOL FOOTBALL FIELD ON JULY 4, 2011 WITH THE FOLLOWING CONDITIONS: 1. FIRE DEPARTMENT UNITS SHALL BE PRESENT. 2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.238.3489 FOR APRE-LOADING INSPECTION. 3.5. RENEWAL OF THE FOLLOWING LIQUOR LICENSES FROM JULY 1, • 2011 THROUGH JUNE 30, 2012. ON-SALE LIQUOR ^ AMERICAN LEGION ^ TIME OUT RESTAURANT AND SPORTS BAR ON-SALE SUNDAY ^ AMERCIAN LEGION ^ TIMEOUT RESTAURANT AND SPORTS BAR ^ EAGLES CLUB CLUB ^ EAGLES CLUB 3.6. RESOLUTION 11-35 APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ELK RIVER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT. 3.7. RESOLUTION 11-36 AUTHORIZING A TRANSFER FROM THE MUNICIPAL LIQUOR FUND TO THE PARK IMPROVEMENT FUND. 3.8. RESOLUTION 11-37 ADOPTING THE PERFORMANCE MEASURES. 3.9. SPECIAL EVENT PERMIT TO THE ELK RIVER INDEPENDENCE DAY COMMITTEE FOR AN INDEPENDENCE DAY CELEBRATION ON JULY 4, 2011 WITH THE FOLLOWING CONDITIONS: 1. NOTICE OF THE EVENT SHALL BE GIVEN TO AREA RESIDENTS AND BUSINESSES. 2. COMMITTEE SHALL PROVIDE GARBAGE AND RECYCLING THROUGH A PRIVATE CONTRACTOR. ANY DEBRIS IN THE PARK SHALL BE CLEANED UP IMMEDIATELY FOLLOWING • THE EVENT. City Council Minutes June 20, 2011 Page 3 3. THE COMMITTEE SHALL PROVIDE ENOUGH PORTABLE TOILET FACILITIES THROUGH A PRIVATE CONTRACTOR TO ACCOMMODATE THE EXPECTED ATTENDANCE. THE COMMITTEE WILL COORDINATE LOCATIONS FOR THE TOILET FACILITIES THROUGH THE PARK MAINTENANCE SUPERVISOR. 4. PROOF OF INSURANCE WITH MINIMUM COVERAGE LIMITS OF ONE MILLION DOLLARS AND THE CITY NAMED AS AN ADDITIONAL INSURED SHALL BE REQUIRED PRIOR TO THE EVENT. MOTION CARRIED 4-0. 4. Open Mike No one appeared for Open I~1ike. 5.1. Recognition of Retirement of CSO Bob Swenson Chief Rolfe highlighted CSO Swenson's service to the city. The City Council thanked h1r. Swenson for his service and Acting Mayor Gumphrey read and presented a plaque to him. 6.1. Request by Devin Peterson ~I'eterson Construction~on Behalf of Thai Buddhist Center of Minnesota for a Conditional Use Permit for Institutional Use in R1a Zoning District 10863 • 208 Avenue. Case No. CU 11-08. Public Hearin Mr. Barnhart presented the staff report. Acting Mayor Gumphrey opened the public hearing. There being no one to speak to this issue, Acting Mayor Gumphrey continued the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO CONTINUE THIS ITEM AND THE PUBLIC HEARING TO JULY 18, 2011. MOTION CARRIED 4-0. 6.2. Wapiti Park Camp ound Inc. Public Hearing A. Conditional Use Permit B. Liquor Licenses Mr. Barnhart presented the staff report and reviewed the revocation process. He discussed the history of Wapiti Park's conditional use permit. He summarized the following issues: ^ The 1984 permit had a condition that stated the campground must comply with Minnesota Statutes. ^ There are a number of storage sheds that appear to be over 120 square feet or are less than 10 feet away from an existing vehicle. ^ There are several porches and additions that are attached and are inconsistent with a recreational camping vehicle. ^ There are a number of unlicensed vehicles on the property which is inconsistent with state requirements for recreational campground vehicles. Cit3~ Council Minutes June 20, 2011 Page 4 ` There are vehicles with no wheels or that have permanent skirting attached that make it impossible to know whether they even have wheels on them. • ^ There is no Emergency Removal Plan for removal of vehicles within six hours of a flood event. ^ Many vehicles don't comply unth Minnesota Statute 327.10 through 327.28. Staff is concerned the area is not being used exclusively for tenting and recreational vehicles as defined by the State. ` There are 23 people who have listed Wapiti Park as their permanent residence according to police reports from the past five years. ` Rigid piping and permanent insulation is inconsistent with a recreational vehicle designed for travel. ^ There is a park model trailer with an addition. ` Two additions are attached to one camper and permanent additions are attached to various other campers. Mr. Barnhart reviewed photos taken in March 2011 highlighting some of the non- compliance issues noted above. He also reviewed a photo of the type of accessory structure that would be appropriate for recreational vehicles. Acting Mayor Gumphrey opened the public hearing for both the revocation of the conditional use pertnit and for non-renewal of the 3.2 percent liquor licenses. Bryan Battina, attorney representing ~X/apiti Park -Stated the photos presented to Council aren't accurate or sufficient. He provided three photos for Council review. He stated PVC pipe is no different than flexible tubing and can be removed at any time. He stated he expected more evidence to be presented. He stated many of the photos shown are outdated • as he was at Wapiti Park last week and noted many of the additions have been taken down or people have vacated the campground. Adam Kaatz, attorney representing Wapiti Park -Stated Wapiti Park Campground has been operating prior to the city's adoption of the Elk River City Code. He stated at that time Wapiti Park became a legal non-conforming use. He stated the August 17, 1998 staff report was a separate agreement and not part of the conditional use permit. He stated he has been unable to locate a copy of the conditional use permit. He stated the Sherburne County Recorder's office doesn't have a 1984 conditional use permit filed in their office. He requested a copy of this permit from the Council. He stated the August 1998 memo, by Steve Rohlf, doesn't mention any amendment to the conditional use permit. Mr. Kaatz stated Minnesota Statute 327.10-327.28 discusses vehicles "designed for use" whereas the staff report discusses actual use of the vehicles. He stated the structures at Wapiti Park are designed to be used within the recreational campground statute. He stated any longer term residents that were at Wapiti Park left because they thought they were going to be kicked out of the campground in the middle of winter. He stated that because some vehicles aren't licensed to travel, it doesn't mean the vehicle isn't designed to be a temporary dwelling. He stated the people on probation may not necessarily know what they are putting down as their address and he would need to review this. Mr. Kaatz stated he doesn't understand how an addition connected to a recreational vehicle has anything to do with how the vehicle was designed. He stated everything at Wapiti Park can be taken down quickly. He stated all the trailers can pull out from the breezeways and entryways. He stated every vehicle has wheels on it with the exception of the mobile home, • which currently isn't being rented. City Council Minutes June 20, 2011 Page 5 • Mr. Kaatz stated the finding (for approval of a conditional use permit that the use will not endanger, injure, or detrimentally affect the public health, safety, morals of the neighborhood) is not a condition of the permit and shouldn't be used as evidence for the revocation of Wapiti's conditional use permit as it would be illegal. Mr. Kaatz stated it makes no sense for his client to pay the $225 liquor license fee because the City Council denied the consumption and display permit previously. He stated the building is a legal non-conforming use and Vv'apiti Park should never have been required to obtain an interim use permit. He stated the building is an accessory structure serving the principle use of the campground and under Minnesota law and Elk River Code should have been allowed to be rebuilt. He requested specific violations of the conditions of the conditional use permit. Councilmember Westgaard questioned if the applicant is withdrawing their liquor applications. Mr. Kaatz stated yes. Mr. Kaatz then recanted after consulting with Mr. Battina and further stated if the basis for denial of the liquor licenses is for non-payment of the fee, then they will pay the fee. He stated the building is not an illegal use and if that is what is holding up the liquor application, then they wish not to withdraw and if the city would like the fee paid, it will be turned in as soon as possible. Isabelle Smith, 18252 Concord Street -Stated Council should consider how the people living at Wapiti Park will be affected. She stated it would be nice if the city had more affordable homes for people. Mr. Kaatz submitted a petition in support of Wapiti Park. There being no one else to speak to these items, Acting Mayor Gumphrey closed the public hearing. Attorney Beck stated staff attempted to go out to Wapiti Park last week to reconfirm some of the issues, such as the rigid piping, wheels on vehicles, and the additions, but were asked to leave the site by Wapiti personnel. He highlighted the record before the City Council, including the documentation in the staff report, which all goes to whether Wapiti Park is a recreational campground as defined by state law. He stated the condition of the conditional use permit is that Wapiti Park comply with the requirements of Chapter 327. He stated staffls conclusion, as noted in the record and the photos, is that the campground is not being used exclusively for recreation and travel. He stated the "design for use" doesn't matter if the vehicles are being used for permanent residential use. He noted that recrearional vehicle is also defined in Chapter 168 of state law as "... a vehicle that is not used as a residence of the owner or occupant..." He stated the concern has never been about having a campground at Wapiti Park but rather that it is being used as a residence, which is not consistent with state law and the conditional use permit requirements. Attorney Beck stated if the City Council wants to proceed with revocation of the conditional use permit based on the record and testimony presented this evening, they could direct staff to prepare a resolution with findings of fact for consideration at a future meeting. He stated non-payment of the liquor fee is one of the findings for non-renewal of the liquor licenses. • He stated the purpose of the fee is to take care of administrative costs associated with City Council Minutes Page 6 June 20, 2011 ----------------------------- processing the applications. He stated the liquor licenses could also be considered at a future meeting and the resolution updated. • Councilmember Westgaard noted this item has been reviewed by the City Council for months and the activity at the Park hasn't been consistent with the conditions of the conditional use permit. He stated it is great if ~x'apiti Park has made changes but the fact that staff hasn't been allowed to revisit the site to determine compliance is troubling. He stated the issue comes down to whether Wapiti Park is being used as a campground as it was originally intended and as the conditional use permit allows. He stated it is misleading to have 300 people sign a petition that states the city wants to shut down a family business. He stated the City Council has never had any intentions in shutting down a family business. He stated the only intention has been to make sure it is compliant and meets the conditions of the permit, which is as a campground and not a housing development or mobile home park. He stated Wapiti Park is not meant for permanent residency. He discussed the piping, the additions, and sheds that have been added on and how they violate the conditional use permit. He stated he would love to see Wapiti Park continue to be in business for a long time. He stated it is tough to consider the liquor license renewals when the application is incomplete. Councilmember Motin concurred. He stated the city is not trying to force anyone out but wants to ensure safety can be maintained. He stated people have come to the previous Planning Commission and Cite Council meetings to talk about how their kids go to school and take the bus from Wapiti Park. He stated the city has tried to work with Wapiti Park for over a year. He stated the cite would like the septic system to be inspected so they can make sure it is safe. He stated the owner has refused to have the septic system inspected by a certified inspector. He referenced a news story and stated the Ciry Council has never discussed having the property developed into housing. He stated the conditions of the . permit are not being met. He stated he finds the requirements of the permit are not being met based on the evidence presented. He stated he wished the owner would attempt to meet the requirements. Councilmember Zerwas concurred with both Councilmember Westgaard and Morin. He stated the evidence of non-compliance goes back over 25 years. He stated Wapiti Park has agreed to do things and never does them. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO DIRECT STAFF TO PREPARE A RESOLUTION REVOKING THE WAPITI PARK CONDITIONAL USE PERMIT. MOTION CARRIED 4-0. Attorney Beck recommended continuing consideration of the liquor licenses to June 27, 2011. He stated if the resolution was ready for the conditional use permit it could be added to the same agenda. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO CONTINUE CONSIDERATION OF THE LIQUOR LICENSES TO THE JUNE 27, 2011 SPECIAL CITY COUNCIL MEETING. MOTION CARRIED 4-0. Attorney Beck stated Wapiti Park is suing the city for denial of the Interim Use Permit and the Consumption and Display Permit. He suggested scheduling a closed meeting to discuss • City Council Minutes June 20, 2011 Page 7 the lawsuit for Monday, June 27, 2011. He asked for feedback on the attorney to represent • the city. The City Council concurred with George Hoff being the attorney on this issue. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO HOLD A CLOSED CITY COUNCIL MEETING FOR MONDAY, JUNE 27, 2011 AT 6:00 P.M. TO DISCUSS THE WAPITI PARK LAWSUIT. MOTION CARRIED 4-0. 6.3. Action Steps• Enforce Zoning Standards on Primary Corridors Mr. Barnhart presented the staff report. Discussion was held on whether additional streets should be considered as primary corridors. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ACTIVELY ENFORCE ZONING STANDARDS ON PRIMARY CORRIDORS AS FOLLOWS: 1. IDENTIFY THE PRIMARY CORRIDORS AS: HIGHWAY 10, HIGHWAY 1G9, MAIN STREET, SCHOOL STREET, FREEPORT STREET, ZANE STREET, AND JACKSON AVENUE. 2. STAFF TO INITIATE THE REVIEW OF PROPERTIES FOR COMPLIANCE WITH THE SIGN ORDINANCE AND ISSUE NOTIFICATION LETTERS TO THOSE INCONSISTENT WITH THE • REQUIREMENTS. 3. STAFF TO INITIATE THE REVIEW OF PROPERTIES FOR PROPERTY MAINTENANCE STANDARDS. 4. REVIEW DEVELOPMENT APPLICATIONS, IDENTIFY WAYS TO MEET ADDRESS DESIGN, LANDSCAPING, LIGHTING, AND PROPERTY MAINTENANCE STANDARDS. MOTION CARRIED 4-0. 7.1. Community Garden-Verbal Update Mr. Simon noted staff is still moving forward on the community garden project in Orono Park. He stated the city has set the expectation that it doesn't want to have more involvement that it had previously due to staffing schedules. He stated the Activity Center Department has an interest in the community garden and would work with Charlotte Strei of RSVP to build a partnership of volunteers to run the gardens. He stated it isn't worked out yet but the city is viewing this as a successful long-term project. He stated a more formal update will be provided after the details are worked out. Isabelle Smith- Stated she is happy to participate in this project. 7.2. Reduest Authorization to Hire Communit,LService Officer II Chief Rolfe presented the staff report. ~~ City Council Minutes June 20, 2011 Page 8 MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO HIRE JEFF PREHATNEY AS A COMMUNITY SERVICE OFFICER II BEGINNING IN JULY AT PAY GRADE 3, STEP B. MOTION CARRIED 4-0. 7.3. Council Participation in X011 Sherburne Count- Fair Councilmember Zerwas stated he would be participating in the parade. Councilmembers Morin and Westgaard were interested in participating but needed to check their schedules. 8. Other Business District 16B Representative Mary Kiffineyer discussed the budget, LGA, state shut-down and noted if anyone had any questions or concerns they could contact her. Council Updates There were no Council Updates. 10. Staff Updates Speczal Meeting Mr. Simon noted that a special closed meeting might be scheduled for Monday, June 27 at 6:00 p.m. to discuss union negotiations and another special meeting will be called to interview interim city administrators. Attorney Beck suggested a motion calling a special meeting to discuss Wapiti Park. • MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BE COUNCILMEMBER MOTIN TO CALL SPECIAL CLOSED MEETINGS FOR MONDAY, JUNE 27, 2011 TO DISCUSS WAPITI PARK LITIGATION, AND UNION NEGOTIATIONS. MOTION CARRIED 4-0. 11. Adjournment There being no further business, Acting Mayor Gumphrey adjourned the meeting of the Elk River City Council at 7:40 p.m. Tina Allard, City Clerk J J. D' tz, ayor •