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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. •