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5.2. SR 08-02-2010 'j°® ITEM UMBER Ci Council 5.2. GEhJDA $ECTIOM ETIIVG ATE REPARED BY Administration Au ust 2, 2010 Jerem Barnhart, Plannin Mana er ITEM ESCIPTIOIV EVIEWED By Request by Wapiti Park (Lorraine White) fox an Interim Use Permit for the Building at Wapiti Paxk Campground, Public EVIEWED BY Hearing -Case NO. CU 10-16 -Public Hearing Continued CTIOIV EQUESTED The Planning Commission recommends approval of an interim use permit to allow the continued use of the 30 x 55 structure at Wapiti Park Campground t0 be used for laundry, office, and assembly, subject to the following conditions. 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. INSPECT AND VERIFY THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. 3. STAFF APPROVAL OF A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE. 4. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELK RIVER ENVIRONMENTAL DIVISION. 5. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 6. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR. 7. MAINTAIN APPROPRIATE STATE LICENSES. i3. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 SHALL BE REMOVED AND ARE NOT PERMITTED. Upon further review of the history and zoning status of the campground, staff is recommending some revisions to the conditions recommended by the Planning Commission, as set forth below. ACKGROl11~D/ ISCUSSIOIV Wapiti Park Campground predates the merger of the City and the Township in 1978. Upon adoption of the new City of Elk River Zoning Ordinance in 1980, Wapiti Park Campground became an illegal use. In 1983, the Campground property was rezoned from A-1/Agricultural to R-1b/ Single Family Residential and the zoning ordinance was amended to allow campgrounds in the R-1b district as a conditional use. C:\Users\jmiller\AppData\Local\Microsoft\Windoms\Temporary Internet piles\OLKLSDB\CU 10-16 Wapiti Paxlc SR to CC 8-2-10.doc In 1984, after much discussion, a conditional use permit was issued for Wapiti Park Campground, subject to 9 conditions: 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; 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. Between 1984 and 1988, the zoning ordinance was amended to remove campgrounds as a conditional use in the R-1b zoning district, and Wapiti Parl~ Campground became a legal, nonconforming use with the right to remain as long as it is in compliance with the terms of the 1984 conditional use permit. Late in 1999, the Wapiti Park store building burned completely down. At the time, the zoning ordinance did not permit the reconstruction of a nonconforming use destroyed beyond 50%. In 2000, the applicant requested a conditional use permit to rebuild the building. Because the campground was no longer a conditional use, the application was treated as an application for an interim use permit. Because it was anticipated that the campground would be sold and developed within 10 years, the interim use permit was approved for 10 years, which expired in April of this year. In June of this year, Wapiti Park applied for a new interim use permit for an additional 10 years. This is the application before the City Council. In connection with reviewing the pending application, staff has reviewed the campground for compliance with the original conditional use permit conditions. A review of the staff reports and minutes from the 1984 proceedings show that the primacy issue and concern at the time was year round residency at the campground, and the fact that the recreational camping vehicles allowed at the campground are not designed for ox safe for permanent residency. To address this issue, the City Council added conditions in 1984 that the state laws governing recreational camping areas be complied with, and that the wheels remain on all vehicles. Unfortunately, 26 years later, it appears that the permanent residency concern from 1984 is still an issue. Evidence from several sources, including testimony at the Planning Commission public hearing, indicates that there are a number of people who make Wapiti Park their permanent, year round home. It is also clear that the condition C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Piles\OLKI;8DB\CU 10-16 Wapiti Park SR to CC 8-2-10.doc from 1984 requiring compliance with the state laws governing recreational camping areas has not been complied with. The conditions suggested by staff, and to some degree, by the Planning Commission, reflect a desire to address the issue of permanent residency and to ensure that compliance with the 1984 conditions is addressed. With respect to condition #3, to close the campground in January and February, staff recognizes that there are other options for addressing the permanent residency issue. To date, however, no other option has been proposed fox evaluation. Planning Commission Discussion The Planning Commission discussed the issue at two meetings, one on July 13, 2010, and the second on July 27. The Planning Commission recommended approval, subject to the 8 conditions set forth above, by a 4-2 vote. Commissioners Bell and Westberg voted against it, while Commissioner Ives was absent. The Commissioners had concerns with closing of the park in January and Februa>y, but the ones that ultimately supported it felt that was the best option identified at the time, and felt that ease of enforcement should be considered. Some of the Commissioners questioned what exactly was the concern with some of the vehicles on the property. A site inspection conducted on July 16 with the Building Official noted that several of the vehicles have undergone some alterations, moving them away from portable structures. These improvements include rigid piping connecting the vehicle to the sanitary system, window air conditioners, decks, sheds, additions, etc. To ease the discussion, staff would classify the following as improvements inconsistent with the State Statute: Decks, Porches Skirting Insulation Window air conditioning Rigid piping Any improvement attached to the vchiclc. Many of the commissioners did not have a concern with an air conditioner, noting that new campers often have air conditioners. Staff is not against air conditioning; staff s concern lies with those improvements that are not designed as portable improvements. Planning Commission Chair Chad Westberg will be in attendance at the City Council meeting to answer any questions the Council may have regarding the Planning Commission discussion. Public Discussion Wapiti Park is represented by an attorney. The attorney questioned why an interim use permit was requested when apparently a conditional use permit was approved in 1984. He further questioned the need to close the park in January and February, citing winter recreation. Further he questioned that any of the campers on the property failed to meet the definition of Recreation Camping Vehicle. C:\Users\jmiller\AppData\Local\Microsoft\Windoms\'I'emporary Internet Piles\OLKI;8DB\CU IO-1G Wapiti Park SR to CC 8-2-10.doc The Planning Commission meeting was well attended. Although the public hearing was formally closed on July 13, the Planning Commission allowed those in the audience to speak. Those speaking, both on the 13 and 27 were in support of the park. No comments against the park have been received. STAFF ECOh11`~Ef~®A°I'I®h! Because Wapiti Park has failed, over the past 26 years, to come into compliance with the 1984 conditional use permit, and the requirements of State law, staff recommends that if the interim use permit is approved, it be subject to the following conditions. 1. THAT THE INTERIM USE PERMIT SHALL NOT BEC®ME EFFECTIVE UNTIL: A. AN INSPECTION HAS VERIFIED THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL; B. STAFF HAS APPROVED A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE; C. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN; D. THE APPLICANT IIAS PROVIDED EVIDENCE THAT IT IS IN COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR; E. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 HAVE BEEN REMOVED; AND F. THE APPLICANT IS IN FULL COMPLIANCE WITH THE NINE CONDITIONS OF THE 1954 CONDITIONAL USE PERMIT, AS FOLLOWS: C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet files\OLKL8DB\CU 10-1G Wapiti Park SR to CC 8-2-10.doc 2. THE APPLICANT SI~[ALL MAINTAIN ALL APPROPRIATE STATE LICENSES AT ALL TIMES. 3. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 4. THE INTERIM USE PERMIT SHALL BE VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 5. THAT NO LIQUOR LICENSE FOR THE CAMPGROUND SHALL BE CONSIDERED BY THE CITY COUNCIL UNTIL THE INTERIM USE PERMIT FOR THE BUILDING BECOMES EFFECTIVE. Alternatively, the Council could direct staff to prepare a resolution fox denial. FINANCIAL IMP~,C°r None TTACWMENTS ^ Planning Commission packet for July 13, 2010 meeting ^ Planning Commission packet for July 27, 2010 meeting ^ August 17, 1998 memo from Steve Rohlf ^ Staff report and minutes from March 15, 1984 City Council meeting ^ Staff report and minutes from May 3, 1984 City Council meeting ^ Email from Mr. and Mrs. Klopping C:\Users\jrrtiller\AppData\Local\Microsoft\Windows\Temporaiy Internet Piles\OLKL:8DB\CU 10-1G Wapiti Park SR to CC 8-2-10.doc {~~~ ~.~ ~~~ TO ITEM I~IUMBER Planning Commission 5.3 AGENDA SECTION ~dEETlNG ATE EgREPARED BY Planning Items July 13, 2010 Jeremy Barnhart, Planning Manager ITEM ESCRlPT!®N FZEYlElMED B~ Request by Wapiti Park (LolTaine White) for Interim Use Permit, Public Hearing -Case NO. CU 10-16 E~EVlEWED BY CTION RE®UESTED Staff recommends approval of Interim Use Permit for allowing for the continued use of the 30 x 55 structure to be used for laundry, office, and assembly, subject to the following conditions. 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. PROVIDE VERIFICATION THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. 3. ACQUIRE AN APPROVED MANURE MANAGEA'IENT PLAN, CONSISTENT WITH SECTION 10-9 OF CITY CODE. 4. PREPARE A DEBRIS MANAGEMENT PLAN FOR APPROVAL BY ELK RIVER ENVIRONMENTAL DIVISION. 5. DUE TO THE CONCERN OF RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 6. ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR MUST BE COMPLETED. ACKGR®UND/ ISCUSSION Wapiti Park received an Interim Use permit in 2000. The Interim use permit allowed the construction of a 30 by 55 building to replace the office and bar that was destroyed by fire in November 1999. According to the staff report authored by Planning Director McPherson, it appears the interim use was granted for an accessory structure. (The bar and office building accessory to the principle use, which is the campground.) Because the structure is accessory to (subordinate and serving) the principle use, staff reviewed the campground as part of this request. The campground, while licensed year round as a recreational camping area, appears to not be used exclusivelyfor that purpose. It appears that a number of people use the campground as permanent housing, even through the winter months. Last winter, Code enforcement received a complaint with concern about children leaving in the campground during a particularlyharsh weather spell. Upon inspection, it appeared that 20 of the camp sites were occupied, and of those, 18 included more N:\Departments\CommunityDevelopment\Planning\Case Files\CIJP\CU 10-16 Wapiti Park IUP\CCI 10.16 ~X/apiti Park SR to PC 7-13-10.doc "permanent" improvements, including exterior insulation, exterior steps, sheds, porches. While this may not be illegal, it does appear to be an expansion of the non-conforming campground. Additionally, it is not knoum if the existing on-site septic system is adequately designed, maintained, and continues to be functional for year round use. Staff is suggesting a condition to confirm the design is adequate for unheated spaced below recreation vehicles, and it continues to be functional. Further, in recent clean up events, the amount of debris thrown into the river, apparently from the campground ~Tas noted. It is suggested that a uTaste management plan be prepared to addressing this issue, as well as a concern Rrith the amount of garbage being burned. Lastly, the park hosts a1~ilnals ui a large pen along Troy and 185`h. This pen includes horses, and in the past has included deer, ostriches, and other animals. It is suggested that a manure management plan be prepared, to ensure the sanitary disposal of by-products. iP~dANCIAL EMPACT None general lnforrnation ~ppiicant Lorrav1e Wllite E~equested Action Interim Use Permit 6 ® ®ay Ru E e The City must take action by August 3 0, 2010 Location 18746 Troy Street -r-rACH~er~Ts ® Location Map ® Applicant's narrative, dated June 29, 2010 ® Staff comment letter dated July 8, 2010 ® Memo from Environmental Administrator dated July 7, 2010 Memo from Police Chief dated July 7, 2010 ® Staff report dated Apri112, 2000, authored byMichele McPherson ~.ctlon Motion by Second by Vote ~olio~v l1p N:\Departments\CommunityDevelopment\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-16 a/apiti Park SR to PC 7-13-10.doc CL ~' 18746 Troy Street NNY~ ELF RIVER,I~IIVN~ASOTA 55330 763-441-1396 June 29, 2010 ._~ . ~~~ , .: ~4 ~ Wapiti Park Campground, owned and operated for 35 years, located at 15746 Troy Street NW. Ells River Minnesota 55330 is requesting the following, to be allowed another interim use permit, to remain in business as a campground until the property is sold for development for housing. Wapiti Park's hours are approximately from 9:00 am to 12 Midnight, 7 days a week. Wapiti Park has 2 employees, Lorraine White legal owner and Juanita Glenn, manager. Wapiti Park offers an outdoor fenced and locked storage area for recreational vehicles and has approximately 10 vehicles in storage on average. Laundry facility is offered to the campers also in the office building. Wapiti Park office is also a gathering place where many birthday, graduation and holiday parties, etc. have been held. It is also a place where many of our campers get together to watch sports events or just relax with family and friends while enj Dying Heggies pizza which is for salt in the office. Wapiti Park offers two bath houses for our campcrs use and a.s shelters from severe storms, although some feel more comfortable coming to the office during severe storms. T'h~nk you, f ~ ~,. aniti Park Camn~round 1306> Orono Pzrh~vay Elk River. 14I@ S>3.30 July 8, 2010 Lorraine White 18746 Troy Street NW Elk River, MN 55330 Ike: Interim Use Permit, Staff Comments Dear Ms. White, Thank you for allowing me the opportunity to review your application. I note that you are requesting an Interim Use to allow the existing structure to continue, although the original Interim Use Permit expired last April. City Staff has completed its review of your proposal as part of a site plan re~riew completed on July 7, 2010. From this review, a number of comments or questions were raised, and follo~v. Your application is scheduled for formal review by the Planning Com.tizission on July 13, 2010. If the Planning Commission makes a recommendation, the Council will review the application on July 19n'. Because of the tight tunetable as requested, the follov~ing comments will be recommended as conditions. There is a possibility that the Council or Planning Commission will table your request until further viforrnation is provided. It appears that the campground is operating year round, which is inconsistent with a recreation campground. Additionally, there has been a history of higher than expected calls to one location, and some of the calls have caused real concern, including reports of raw sewage leaks, assaults, and the welfare of residents, in particular children, living at the campground. through the winter. 1. Please verify that the on site septic system is designed and functional for year round use. As noted above, there have been reports of the system not functioning in the winter, with collection lines fieezing. This verification must be in the form of a report provided by a licensed on-site septic system installer, 2. Please provide a manure management plan with regard to the animals on site, including the horses. I note that there are sevexal guinea fowls run at large, which may be inconsistent with the State rules. Phone: 763.635.1000 Fay: 763.63S.1o9o ~3~~w. ci. el k - r fiver. mn. us 3. During recent river clean ups completed b5= Elk Rit=er ~X~atershed Association, it leas been noted that open pipes discharge into the river, and there u=as a large amount of debris found in the river, apparently= from the indij%idual campsites. A plan must be prepared to address this from continuing. It has been noted that there is e~7dence of burning trash at the campground. Please note that it is illegal to burn trash in the Citj= of Elk River. Please prepare a plan to address this concern, includuZg adding more garage collection throughout the site, Based on my rez7ew, my recommendation to the Planning Commission and City Council urill be to incorporate the preceding comments, and also to restrict the campground from operating year round, closing December 31S` through March, If the septic system is not designed fox 5=ear round collection, I will recommend that the campground be closed October 31 through March 31. My recommended conditions are as follows. 1. I~rovide verification that the onsite septic system is des>`gned to be fiznctional year round and remains fully functional. Z. Acquire an approved manure management plan, consistent with section 10-9 of City Code. 3. Prepare a debris management plan for approval by ELk River Environmental division. 4. Campground may open between march 1 through December 3~. Please do not hesitate to contact me should you have any questions, I can be reached at (763) 635-1034. Sincerely, -. x\, Je~~ny Ba, art Planning Manager, AICP ~~~~t T~: Jer~rr~y B~rr~hart, Planni~ iar~ager FR~;~~i: Pebecca Etaug, Envirar~rr-et~taf ~dr~vt~isfrarar ~~kTE: July 7, 2~~ ~ ~UBJE~T: CU 1Q-~5 - i~P f®r `~apifi Park During the July 7, 2010 Site Plan review meeting, the IUP for Wapiri Park was discussed. Staff was asked if there are any concerns associated with the site. The Environmental Division has identified concerns with the amount of solid waste that is typically found in the burn pits at the Park. It is illegal in the State of Minnesota to burn solid waste. Please emphasis this to the park owners. Also, the septic system for the Park should be tested to determine if it is in compliance for the number of sites the Park is permitted to have and that there are not any pipes directly discharging to the river or on the grounds of the Park from the trailers. The Elk River 1h~atershed does river clean-ups and has identified this area as a concern due to the amount of solid waste and various other items being deposited in the river. The Watershed bears the burden of paying to properly dispose of these materials. Staff would be willing to work with the Park owners on providing educational materials on proper solid waste management and rules of burning to its visitors and information about services available through local haulers. Basically, the Park needs to make sure that it has sufficient dumpster and recycling services for its visitors. Thank you for the opportunity to comment. Please let me know if you have any questions. ~~~ lny ~: Elk ,~ ~.iver Police Department MEMORANDUM TO: Jeremy Barnhart, City Planner FROM: Jeffrey A. Beahen, Chief of Police DATE: 7-7-10 SUBJECT: Wapiti Park I have reviewed our calls for set-~~ice at «'apiti Park as recorded in our records system since 1999. «'e hate had 4=11 calls for ser-~-ice to that location. This is a verl- high number of calls for one location. I have attached a copy of a memo written to the Council on _~pril 16, 2002 by the Chief at that time, Thomas Zerwas. His memo reflects his concerns in 202 of the large number of police calls at «%apiu Park. Please see his memo for more complete details. 1~1~- personal experience ~x>ith the park is that o~Ter the years we have responded to significant events there that have proven to have endangered the safet~T of those who stay or frequent there. These calls included: ~ ~ camper trailer that ezploded when the resident tried to kill hinself by allo«-ing propane to leak into his trailer, An ignition source ignited the gas, injuring the resident and destroying the trailer. ® 1~ meth lab disco~-ered inside one of the trailers. ® ~ resident who fell into a campfire, laid in the fire due to his level of intotication and burned off lus legs, buttocks and genitalia. ® l~Tumerous setual assaults. ® ~~'eapons related incidents and assaults. ® ~ significant number of other assaults and violence. ~ Reports of ra~v sewage leaks. ~ Requests to check the welfare of residents who spend the winter in the park, some sleeping in tents-not trailers. Concerns that the trailers are not suitable fox winter use, and insulation and heating systems are a danger to those who reside there. In one case, we were called there ii the middle of «rinter, to check a newborn clyld who was staj.ing with her parents in a tent. The history at the park is not illustrative of a recreation facility, in fact it is considered a constant source of concern for our officers in terms of the resident's general safet;~ and well being. I have attached a print out of all of the police calls we have recorded. Our system does not allo~z~ us to pull statistics prior to 1999. If you need more details on the tSTpes of calls, I would be happy to provide that information to jTou. ~~r ~~ ~«~ ~I~~~~~ ~! ftem 6 9 City of ~`~~ Vic'! -; ~ ~~E~iORAhIDUf~ T®: f~ayor and City Gouncii FRC~~i: ~iicheie McPherson, hector ~f PEanning ®A~E: Aprii ~ 2, zees SUBJECT: Case htumber: CU 00-6 Request by 11~api~i Park Campground to Rebuild Structure; Public Hearing Request The applicant requests that a conditional use permit be granted to allow reconstruction of a 30' x 55' structure to be used for laundry, office, and assembly. The use of the property for a campground is a legal, non-conforming use. 1 nratinn 18746 Troy Street Zonin.g/Land Use R1b (Single Family Dwelling)/MR (Medium Density Residential) Attachments ® Location Map Site Plan ® Building Elevations Building Floor Plan ® August 17, 1998 Memo from Steve Rohlf Overview Wapiti Park has been in existence prior to the incorporation of the City and Township. As noted on the attached memo from Steve Rohlf, in 1983, the parcel was rezoned from Agricultural to Single Family Residential (R1b) and campgrounds became a conditional use in the R1 b District, Sometime after 1984 and prior to 1998, campgrounds were removed from the district and Wapiti Park became a legal, nonconforming use. 13065 Orono Parkway ®P.O, Box 490 ®Elk River, MN 55130 ®TDD & Phone: (612) 441-7420 ®Fax: (612) 44l -7425 Memo to Mayor and City Council/CU G, March 24, 2000 Page 2 In November 1999, the existing office/bar/laundry/storage building (60x120) burned completely dovJn. Request The applicant has indicated That an office/laundry/gathering area for campground residents is needed, They considered remodeling their home to accommodate this need, however, the building code requirements increased the cost over the cost of constructing the proposed building. Section 900,34.9 states: No nonconforming building or structure .. ,which has been damaged by fire .. . to the extent of more than fifty (50) percent of its assessed market value shall be restored except in conformity with the regulations of this ordinance. The previous structure was completely damaged; therefore this building should not be reconstructed. However, the R1b District allows accessory structures up to 3500 square feet on parcels 5 to 10 acres in area (The proposed structure is 1 ,650 square feet). It is the intended use of the structure that creates a policy issue r'or the Planning Commission and Council to decide. While at the time the applicant submitted this application, the City did not have in place the interim use requirements, this proposal would "fit" the definition of an interim use. The applicant has indicated that the use of the property for a campground would continue for an additional ten years (approximate). This time may be shortened due to the future assessments created as part of the extension of utilities in the Western Area. Improvements are proposed for late 2000, and this parcel is proposed to be assessed for water and street improvements, Staff is concerned about the use of the proposed building for the consumption of alcoholic beverages. Since 1983, the site has held a 3.2 beer (on and off sale) license as well as a license for set-ups. In the distant past, there were issues with underage consumption, primarily at campsites. In recent years however, the applicant has worked with the Police department to self-police for underage consumption and has passed all compliance checks. Planninq Commission Recommendation The Planning Commission considered this request an interim use and recommended to the City Council approval of the request with the following conditions: 1. The approval is valid for ten years or until the property is redeveloped, whichever is sooner. 2. The building will comply with the requirements of the Chief Building Official, Memo to Mayor and City Council/~ 0-6 March 24, 2000 Page 3 City Council Recommendation Staff recommends that the City Council concur tivith the Planning Commission recommendation and approve the request with the recommended conditions. TO ITEM NUM03ER Plannin Commission 3.1 AGENDA SECTION MEETING ®ATE PREPARED EY Plannin Items ul ~ 27, 2010 Jerem ~ Barnhart, Plannin Mana er ITEM ®ESCRIPTION REVIEWED ~y Request by Wapiti Park (Lorraine White) for Interim Use Pern~it, Public Hearing -Case NO. CU 10-16 REVIEWED BY ACTION REQUESTED Staff recommends approval of Interim Use Permit for allowing for the continued use of the 30 x 55 structure to be used for laundry, office, and assembly, subject to the following conditions. 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. INSPECT AND VERIFY THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. 3. STAFF APPROVAL OF A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE. 4. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELK RIVER ENVIRONMENTAL DIVISION. 5. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 6. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR. 7. MAINTAIN APPROPRIATE STATE LICENSES 8. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 SHALL BE REMOVED AND ARE NOT PERMITTED. ~ACKGR®UND/®ISCUSSION At the Planning Commission meeting on July 13, 2010, the Planning Coininission directed staff to meet with the applicant and work to resolve those conditions that can be resolved. Staff met with the applicant's attorney on July 19 to discuss the 8 conditions suggested by staff. The 8 conditions and an update or further explanation follows: N:\Departments\Community Development\Planning\Case Piles\CUP\CU 10-1G Wapid Park IUP\CU 10-16 Wapiti Park SR to PC 7-27-10.doc 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. There doesn't seem to be an issue with this suggested condition. 2. INSPECT AND VERIFY THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. The applicant's attorney is worl~ing with a licensed septic inspector in an attempt to confirm that the system is functioning properly and the system is designed for year round use. 3. STAFF APPROVAL OF A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE. The applicant has met with environmental staff on the development of these plans. 4. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELK RNER ENVIRONMENTAL DIVISION. The applicant has met with environmental staff on the development of these plans. 5. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. Wapiti Park is licensed by the State of Minnesota as a Recreational Camping Area. Although not permitted under the City's Zoning ®rdinance, Wapiti Park apparently predates the Zoning ®rdinance and the city is at this time contesting Wapiti Parks assertion of non-conforming use rights to remain as a Recreation Camping Area as permitted by its State license. FIowever, Wapiti Park must conform to its state license as a Recreational Camping Area used exclusively for tents and Recreational Camping Vehicles. Fear round use of structures at Wapiti Park indicates that Wapiti Park is not being used exclusively as a Recreational Camping Area as permitted by its state license, and that a number of the camp sites are being used as permanent residences. At the Planning Commission meeting on July 13, 2010, one individual speaking on behalf of the campground noted that he has lived at the park over a year. Further research indicates that a significant number of residents at the campground identify Wapiti Park as their permanent address. A survey of vehicles at the campground completed by the Police Department on July 21 indicated 36 cars on the grounds. ®f these 36 vehicles, 11 were registered to the address of Wapiti Park. 11 separate owners of the cars also listed Wapiti Park as their address on the driver's license. Based on improvements made to a number of the camp sites, personal statements, and vehicle ownership registration, it is fairly clear that a number of residents live at tl~e campground as permanent residents, and are not recreationally camping. Camping vehicles occupied as permanent residences are subject, at minimum, to the Property Maintenance Code, requiring them to meet specific access and egress, ventilation, and sanitation requirements. In addition, the condition of some of the camping vehicles raises a legitimate concern for the health and safety of those that "reside" there, particularly in the winter months. N:\Departments\Community Development\Planning\Case files\CUP\CU 10-16 Wapiti Park IUP\CU 10-1G Wapiti Park SR to PC 7-27-10.doc 6. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR. Staff met with the health inspector on Thursday, July 15t'', and received a copy of the State's punch list of 5 different orders, some of which were initially issued in 2007. Staff recommends that all of the items on these lists, identified as requirements, (as opposed to recommendations), be resolved to the satisfaction of the state health inspector prior to release of the interim use permit and any liquor licenses. 7. MAINTAIN APPROPRIATE STATE LICENSES There does not appear to be an issue with this suggested condition. 8. ALL STRUCTURES AND VEHICLES OTHER T.I IA.N RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 SHALL BE REMOVED AND ARE NOT PERMITTED. Wapiti Park is licensed by the state of Minnesota as a Recreational Camping Area. Pursuant to Minnesota Statutes, Section 327.14, Subdivision ~, a Recreational Camping Area is an area used on a daily, nightly, weel~ly, or Longer basis for the accommodation of five or more tents or Recreational Camping Vehicles. Minnesota Statutes, Section 327.14, subdivision 7 defines recreational camping vehicle as including the following: (a) any vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses; (b) any structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation; (c) any portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of aself-propelled vehicle; and (d) any folding structure, mounted on wheels and designed for travel, recreation, and vacation use. City staff completed a site inspection of the campground on Friday, July 16`" Several of the camping units have been altered for permanent residence and are no longer "temporary dwellings for travel, recreation, and vacation uses." Alterations include additions of decks and rooms, skirting, window air conditioners, sheds, etc. A full summary is attached. Staff recommends that all structures and vehicles which do not meet the definition of recreational camping vehicles be removed, because Wapiti Park's state license as a Recreational Camping Area allows only tents and Recreational Camping Vehicles. FINANCIAL IMPACT None N:\Departments\Community Development\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-16 Wapiti Park SR to PC 7-27-10.doc General Inf®rrnatl®n AppllCant Lorraine ~illzite Re~UeSted /~Ctl®n Interim Use Permit 60 Day RUIe The CitST must take action by October 30, 2010 L®Catlen 18746 Troy Street ATTACFiflflENTS ® Planning Commission packet dated July 13, 2010 ® Minnesota Department of Health Inspection report dated August 14, 2009. List of permanent improvements ~Ctl®tl Motion by Second by Vote F®II®~! Up N:\Departments\Communit~ Development\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-16 Wapiti Pack SP. to PC 7-27-10.doc ~`i l ~` P` E~ g T A ~ k ~GePARTI~tENTo€ NEALTtl~ Minnesota Department of Health 3333 VI/est Division St. St. Cloud 320-223-7300 Type: Full P ~ ~ ~~ ~~ Page 1 Date: 08/14/09 ~~~ Time; 15:55:43 ~ ` Report:7977091005 Locatia~n: Wapiti Parlc Cainp GroLmd Inc. 18746 Troy Street N.W. Elk River, IVIN 55330 Sherbunie County, 71 License Cates®ries: HOSP, FBPS, FBLB; FBTW, FBLF, FBPW, MDBP- 93, Ezpires on; 12/31/09 IJ'sta~>(ish~ent Info: ID #; 0004467 Risk: High Aimounced Inspection: hlo Operator: Wapiti Park Campground, Inc. Phone #: 7634411396 ID #: 14144 The violations listed in this report. include any previously issued orders and deficiencies identified during this inspection. Compliance dates are shown for each item, The following orders previously issued on 07/18/07 have N®T been corrected. IQ GA A~~ ANI~ F'IJSE 10~ ~ 4630,1100. Cover outside garbage containers with tight fitting, insect proof lids. ALL DUMPSTERS ~~IERE UNCOVERED, LIDS MUST REMAIN CL®SEI~. Issued on: 07/18107 6 PLITI~BIN CoTnply By: 07/18/07 06'1 4630,0700. Provide appropriate back-flow preventers on all threaded hose bibbs. ALL HOSE BIBS AT INDIVIDUAL CAMPSITES MUST, AT A I~CQNIMU]VI, BE PROTECTED BY A HOSE CONNECTION BACKFLOW PREVENTER OR VACUUM BREAKER. THE I4~tI~TIlVIIJ]VI ACCEPTABLE RATING IS ASSE 1011, OR EQUIVALENT. AN ASSE 1052 IS PREFERRED, BUT NOT REQU1FcED. Issued on: 07/18/07 6 PLIJ IrN~ 0601 Comply By: 04/18/08 4630.0700. Provide appropriate back-flow preventers on all threaded hose bibbs. PROVII~E AT DUMP STATION. IF A SPRAYER OR ANOTHER ATTACHMENT IS USED ON THE HOSE, AI~T ASSE 1052 IS REQUIRED. Issued on: 07/18/07 Comply By: 04/18/08 ~' Page 2 Type: Full ~ ~~~~~ ~~ Date: 08/14/09 Time: 15:55 :43 Report: 7977091.005 Wapiti Park Camp Ground Inc. The following orders were issued during this inspection. '~ CA'g'A~~1~ 02~s 4630.0300. Repair or replace damaged floor surfaces within the toilet and/or shower building to be easily cleanable and maintained in sound condition. SHOWER HOUSE CLOSEST TO ENTRANCE: REPAIR CONING IN MEN'S SHOUTER; FURTHEST STALL. SHOWER HOUSE FURTHEST FROM ENTRANCE: 1) REPLACE MISSING FLOOR TILE IN THE MEN'S SHOOTER. 2) REPLACE MISSING FLOOR TILE IN BOTH THE WOMAN' S SH©WERS. Corz~~ly By: 08/21/09 ~4 ~~'J"~'L~~ SAS 1444 4630.1500. Firmly mount all bottled gas contauiers in an upright position. RESTRAIN BOTTLED GAS CONTAINERS WITH CHAINS, ROPE, CORDS, OR IN RACKS. Co»~ply By: QS/14/09 I~T~'I'l+: flans and specifications cnFest be sulpmitted f®~' g'eVie~a' and approval l~g•ioa• to ne~~ consti•aiction, remodeling oF• alterations to the pfl'emises o~• its facilities. I acknowledge receipt of the Minnesota Department of Health inspection report number 7977091005 of 08/14/09. Signed: ` ,~ ~~~ JULIA HIGGINS OWNERS I-fELPER +~ Signed: -~,~~~.~_ Kent B SJohn o Public Health Sanitarian St. Cloud 320-223 -73 21 Dent. Johnson@health. state. mn.us Wapiti Perk alter~ti®~s 16-J u I-10 Lot number Description 7 Rigid sanitary waste pipe 17 Deck 23 Permanent skirting, window air conditioner 29 Shed, window airconditioner 31 Permanent stairs 33 Permanent stairs, kennels, skirting R73 Skirting, path, and shed R5 Permanent deck 34 Permanent deck 32 Permanent shed, insulation, rigid waste pipe 30 Insulation 24 Addition, Deck 20 Deck 18 Shed 16 Park module (216) 14 Decking R43 Decking, snowmobile R16 Steps, overgrowth Unnumbered Shed, snowmobile, rigid pipe Unnumbered rigid pipe ,~ I 4.2. MEMORANDUM DA(:ICGRO T®: FROMo DATE: SUDJECT: CITY COUI®iCII~ STEP l~ R®HLF, BUILDING Z~ G ISTRAT®R AUGUST 17,1998 ~ ~- WAPITI I' ~ C GRO - i - • ~- 1983. .. ~ . The Wapiti Park property was rezoned from A-1/Agriculatural to R-lb/Single Family residential in 1983. An ordinance amendment was also passed to allow campgrounds as a conditional use in the R-lb Zone. Wapiti Park became anon-conforming use because it had rot gone through the conditional use process (assumed legally grandfathered-in). March 19. 1984 The Elk River City Council approved a conditional use permit for Wapiti Park under the following stipulations: • ® The owners of the park enter into a private road agreement for Troy Street. Troy is not a city street in this location. ® Maximum number of campsites is 109 and an additional 20 tent sites, not to be expanded. ® Hours of operation are 8:00 a.m. to 11:00 p.m.. ® Only minor repairs can be done to recreational vehicles only. ® Store and restaurant are for the use of the campers only. ®• • Horses on the property can not become a nuisance to neighbors. The length of stay was also an issue. It was acknowledged by the City Council that seasonal and monthly construction workers stay at the campground. Licenses were issued for the followin~• Non-intoxicating malt liquor (3.2 beer) - on and off sale. Mechanical amusement devices (9 video games, 1 pinball machine, and 2 pool tables). May 7,1984 City Council amends Wapiti's conditional use permit by adding the following stipulations to the previous ones: ® Wheels must stay on the trailers, but skirting is okay. 13065 Orono Parkway ®P.O. Box 490 + Elk River, MN 55330 ®TDD & Phone: (612) 441-7420 ®Fax: (612) 441-7425 1 f ~ ,>. _. / ® No units for rent. ® Minnesota Department of Health (MDH) rule 187 and Minnesota State Statutes 327.10 through 327.28 apply. A MDH yearly license is required and only recreational vehicles are allowed. Council debates vestibules and decides to allow them as long as they are portable. Statute does not allow them to be permanently attached to recreational vehicle. A set-up license is also approved. . ; ~.N ,. , : ; ..... ~ :, .. ,. , r'~.:~rent (1VIay ,1998) Campgrounds are no longer allowed in the R-lb Zone. Wapiti Park is non-conforming, but legally grandfathered-in. Amusement device, non-intoxicating malt liquor, and set-up licenses are current. The and store is still operating in compliance with past approvals. There is no restaurant as such anymore, but frozen pizza etc. are still served. The MDH licenses, which includes inspection of septic system, are current. Wapiti's septic system consists of five drainfields and tanks. The Elk River in the vicinity of Wapiti Park was tested for fecal coliforms in the summer of 1997. Slightly elevated fecal counts were observed down stream of Wapiti Park as opposed to upstream. Fecal streptococci was analyzed, which revealed that the elevated levels of fecal coliform downstream of Wapiti were of animal origin. Wapiti Park Campground contains 103 camp sites and 24 tent sites. Of the 103 campsites, 34 have the ability to be used year round. The following is an approximate breakdown of the usage of the campsites during the past year: ® 5 sites were used by the same people for the entire summer (snowbirds) ®• 24 site were used over the winter last year, but only about six site saw winter use the year before. It is not typically the same people that use the campground over the winter from one year to the next. ~ 34 site were taken by people who leave their recreational vehicle on the same site all season and use it on various weekends ® 40 sites were rented by the weekend or week ® 24 tent sites were rented by the weekend or week All recreational vehicles and structures in the floodway must be removed prior to spring flooding or an emergency plan must be in place to remove them within 6 hours of notification. I t~' .~ Recreational vehicle must meet the definition in State Statute and the following city requirements: ® be road ready ® have a current license ® have an internal jacking system o have only quick disconnect utilities (water, sewer, and electrical) ® not have alterations larger than the original equipment (with the exception of propane tanks, not to exceed 1 OO lb.) ~ not have any permanent additions. RECD + ATI~N Skirting and vestibules are allowed at the campground via previous council actions. However, the current owners have requested the city's help in cleaning up some of the oversized and/or dangerous additions that have been added to the recreational vehicles. What is allowed or not allowed needs to be better defined so that enforcement is consistent. Staff is recommending the following clarifications: ® Because some of the guest at the campground are seasonal, staff is recommending that storage sheds with a 120 square feet of roof area or less be allowed. Building permits are not required for structures of 120 square feet or less, but they must be temporarily anchored and removed from the floodway prior to spring flooding. ® That breezeways or screened porches, with a maximum of 120 square feet of roof area, be allowed, but that they are constructed to be portable (no footings so they can be removed prior to flooding), are not connected to the recreational vehicle, and have only quick disconnect utilities. ® That no wood burning appliances are allowed in breezeways, porches or recreational vehicles. ® That an emergency plan to remove all structures and recreational vehicles from the floodway upon si: hours notice of a pending flood be submitted to staff for approval. ® That all .structures that do not conform to these rules or that are dangerous be removed. ® That a minimum often feet is maintained between recreational vehicles and/ or structures. ® That no licensed or inoperable vehicles are allowed. The rest of the rules previously set by council action still pertain. The current ovtTners of the park are in agreement with staff's recommendations and are prepared to send the attached notice to their customers. This notice requires compliance by the end of October and does contains some additional items beyond staff's recommendations that are requirements of the owners. Staff greatly appreciates their cooperation. The owners will be at Monday night's meeting to discuss these issues further with the Council. a f As the City Council will recall, recently the City Code was amended to provide that a conditional use permit could be issued in an R-1B Single Family Residential zone, far campground operations and facilities. Consistent with this recent change in the City Code, Roger White of 18746 Troy Street, has requested a conditional use permit for the Wapiti Park Campground located at approximately the same address as shown on the attached map. Also attached please find a memorandum from the City's building and Zoning Administrator regarding the request for a conditional use permit and information submitted by the owner of the campground rel- at`ox.i~~: the activities conducted and the layout of the campground car~~rfng sites. The Planning Commission reviewed and considered tl'.e Wapiti Park Campground conditional use permit at their February 28, 1984 meeting. The Planning Commission gave a rather thorough review of the campground request and discussed a number of items of con- cern in the conditional use permit process. The Planning Commission recommendation was a unanimous vote to grant a conditional use per- mit, based upon the following conditions: 1) That a private road agreement be entered into between Mr. White and the City of Elk River for access to the property. 2) That the number of campsites within this property be established at 109 with 20 tent sites and that no additional camp sites be permitted. 3) That the hours of the camp operation be fr_~om 8:00 a.m. to 11:00 p.m. 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 facilities and that the store and restaurant not be expanded. 6) That the permit be reviewed every two years. 505 U.PA.Drive, Elk River, Minnesota 55330 6612)441-2052 ', ~. Wapiti Park Campground, Inc. ' ~ ~ , March 15 , 1984 Page Two As can be seen from the Building and Zoning Administrator's memo- randum, the Planning Commission minutes and the motion and con- ditions attached, a rather thorough review was conducted by the Planning Commissioners. In their discussion, a great deal of their concerns and conditions were aimed at dealing with the following conditional use permit conditions as specified in the City Code: i. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City; iii. Will not impede the normal and orderly development and im- provement of surrounding vacant property; iv. Will be served adequately by and will not adversely affect essential public facilities and services including streets,, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in parti- cular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares; v. Will not involve uses, activities, process, materials, equip- ment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations; In reviewing the request for a conditional use permit the staff agrees with all of the conditions imposed by the Planning Commission and recommends that each of these be utilized by the City Council in granting a conditional use permit. Of particular importance and note are the conditions which indicate that support facilities at the Wapiti Park Campground site are intended not for the general community use, but just as accessory uses for support services only for individuals utilizing the campsite. It is important to emphasize that the primary use for the facility is for camping and that the store, restaurant, stables and other types of things at the facility are only accessory to and support the primary use of camping. While the Planning Commission did an excellent job in reviewing the conditional use permit, there are two items which were reviewed and discussed in the Building and Zoning Administrator's memorandum which were not addressed either fully or completely by the Planning Com- mission in their conditions. These two items involve the length of stay of paricular campers at the site and nuisance problems associated with the keeping of livestock at the camping facility. As indicated in the Building and Zoning Administrator's memorandum an the White's submission of activities conducted, there are horses which are maintained at the campground facility for use in hayrides and other recreational events associated with camping recreational opportunities. The staff has no particular concerns over the pro- vision of these services or the keeping of the horses, but is con- cerned that the horses be kept in such a manner as not to provide Wapiti Park Campground, Inc. ', ~ March 15, 1984 Page Three a nuisance for neighboring residences. As I indicated previously the horses are there only as an accessory use to the primary use which is camping. The horses are not kept there as a purely agri- cultural use which would be interpreted slightly differently. One of the neighboring residents has indicated some concern that at certain times of the year, there is a slight odor problem associated with the keeping of the horses. In order to deal with this particular concern which is anticipated as one of the conditional use permit standards, the staff is suggest- ing that the City Council make a specific requirement that the horses housed at the Wapiti 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. It is also important to note that while the nuisance ordinance requires the City to be sensitive to agricultural nuisances, that the Wapiti Park Campground keeping of horses not be regarded as an agricultural use in any sense and that the provisions of the nuisance be .specifically and strictly adhered to. The other cor:cern of the Euilding and Zoning L~~dministrator p~rtaizis to the length of stay of individuals in the campground. To this date, a number of individuals have stayed virtually year-round at the camping facility which has caused some concern among the City staff. The sites are not developed for long-term stay and are not intended to be used in this manner. Again, inasmuch as the primary use of the facility is for camping and recreational use which has definitely different needs than permanent residence, it is felt that the City Council should address the length of stay by individuals at the site. The staff would suggest that the City Council make as a condition, that individuals may utilize the Wapiti Park Camp- ground facilities from May lst to September 30th for an unrestricted length of time. However, in any other month besides the ones pre- viously mentioned, that stays at the Wapiti facility to limited to a two-week maximum. In light of the Planning Commission's positive recommendation, it is recommended that the City Council grant a conditional use permit to the Wapiti Park Campground facility, consistent with the con- ditions and recommendations made by the Planning Commission, and fur- ther, with the two conditions specifically enumerated regarding nuisance associated with livestock at the site and the length of stay of campers at the facility. Respectfully submitted, Robert C. Middau~~r City Administrator ~ RCM:dk ~._ 463 MHD 187 street or highway and at least 10 feet from other park propert}' boundary lines. (d) Domestic Animals. No domestic animals or house pets shall be allowed to run at large or commit any nuisances within the limits of a mobile home park or recreational camping area. Any kennels, pens or other facili- ties provided for such pets shall be maintained in a sanitary condition at all times. (e) 6Vater Suppl}. An adequate supply of water of safe, sanitary, potable quality shall be provided in each mobile home park and recreational camp- ing area. When a satisfactory public water supply is not available, an in- dividual water supply system may be developed and used, but such source of supply shall first be approved by the State Board of Health. In mobile home parks, the water suppl}~ shall be capable of suppl} ing a minimum of 150 gallons per da}' per mobile home, and in recreational camping areas, the water supply shall be capable of supplying 50 gall~~ns per site per day for all sites lacking individual water connections, and 100 gallons per site per da}• for all spaces provided with individual water con- nections. In recreational camping areas water from the drinking eater supply shall be available within at least 400 feet of every campsite. Every well or suction line of the water suppl}• s}~stem shall be located and con- structed in such a manner that neither underground nor surface contamina- tion shall reach the water supply from any source. The following minimum distances between wells and various sources of contamination shall be required: Distance in Feet Separating ~'~'ell or Suction Line from Contamination Source Contamination Source Building Sewer 50 Septic Tank 50 Disposal Field 50 Seepage or Leaching Pit 75 No well casings, pumps, pumping machinery or suction pipes shall be placed in any pit, room or space extending below ground level. All water storage reservoirs shall be covered, water-tight and constructed of im- pervious material. Overflows and vents of such reservoirs shall be effectively screened. Manholes shall be constructed with covers which will prevent the entrance of foreign material. The water piping system shall not be con- nected with non-potable or questionable water supplies and shall be pro- tected against the hazards of backflow and back siphonage. The system shall be so designed and maintained as to provide a pressure of not less than 20 pounds per square inch under normal operating conditions at service buildings and other locations requiring a potable water supply. 1n mobile home parks and on recreational camping sites provided with individual water service connections, riser pipes shall be so located and constructed that they will not be damaged by the parking of mobile homes or recreational camping vehicles. Water riser pipes shall extend at least 4 inches above the ~.~ _. .: ~ T ~a+f ' .~.- ~ ~ ~ S~~F+Y,_ ~` C J~ f ~P+'~ - a = v1 ` ~I .w.'~ai+~il. 4i .~.''wJ.~•..L...ci1a.•.i. ~ ' ~ 1 i y i I i i {p° jj ,~ , ?ort ~ s J is .. ~ ; { , if911 1 , ,~ :, ly0` li 7911 •~• ~,. _ ~ ~ t b ,Ia ,i~1~~ ~ ~ 7707 ~I)' j0 /Ty0 ,.1 i~ ~ 7 •It7 ~ _ f 7 _ y, '~ °I~ ~ ® pay t R V .late ~ ,7~ ~9)c . 7nw .i ~ c Yi p_Fb ~. ~'F :~~ ~- ' RR o ~!G _ m r ~'~7 f ,,. - _ _ -- '` ~' ~. - ' i ~ ~ ~ ~ ~ ~ ~~ _.. m s ,~ ~ ~ ~ _~~I hiHD 187 464 .j ( `-~;< ground elevation and the minimum pipe size shall be •`.'c inch. Adcyuate provisions shall be made to prevent freezing of service lines, valves and riser pipes. if underground stop and waste valves are installed, the}' shall be at least lU feet from the nearest buried portion of the sewage s}stem, \Vater risers on unoccupied sites shall be valved otf. There shall he a hori• zontal distance of at least ten feet between water and sewer riser pipes: provided, that vahere the sewer riser is constructed of cast iron pipe and the water riser is constructed of copper pipe the distance between may be less than ten feet. When strict compliance with the provisions specified in this section is impractical, the Board ma}' waive any of the requirements subject to such conditions as may be Deemed desirable in the individual case. (f) Pumbing. All systems of plumbing in mobile home parks and re~re- ational camping areas shall be installed in accordance with the regulations of the State Board of Health and the provisions of the IVlinnesuta Plumbing Code. (g) Sewage T~isposal. .qll sewage and other water carried wastes shall be discharged into a municipal se~sage system which is- being operated under a permit issued by the :Minnesota Pollution Control Agency whenever such a system is available. \Vhen such a system is not available a sewage disposal s}'stem acceptable to the State Board of Health and the ~iinnesuta }'olluuun Control .Agency shall be provided. All sewer lines shalt be located in trenches of sufYicient depth to be free of breakage Tropp Ya}ic, or other movements and shall be separated from the park water su I s 'stem by at least "'lU fee[, linessshll belconstpuctld of materials approvedrbynthetState IIoaad oflHealth and shall be adequately vented and shall have water tight joints. ]ndividual site sewer connections shall be at least a 4 inch diameter sc~cer riser pipe. The sewer connections shall consist of one pipe line only without any branch fittings. All joints shall be water tight. All materials used for sewer connec- tions shall be corrosive resistant, nun-absorbent and durable. The inner surface shall be smooth. Provisions shall be made for capping the sever riser pipe w'he^ a mobile home or recreational camping vehicle does not occupy' the site. Surface drainage shall be directed away from the riser, the rim of the riser pipe shall extend at least 4 inches above ground elevation. S}'stems of sewage disposal utilizing the discharge of eflluents to bodies of surface water must receive the approval and comply' with the water quality and effluent standards and system design criteria established by the Ivtinne- sota Pollution Control Agency. All systems utilizing soil absorption for final disposal of efl9uent shall comply with and receive the approval of the State Board of Health. No soil absorption system shall be installed in soil which has a percolation rate of less than one inch in 60 minutes, or where the ground water table rises to within four feet of the bottom of a proposed absorption pit or trench or where such system shall adversely affect the ground water used for potable water supplies. All buried portions of a sewage disposal system shall be located at least 50 feet horizontally from the ordinary high water level of any body of surface water. (h) Toile4, Bathing and Laundry Facilities. In dependent mobile home parks and recreational camping areas which harbor mobile homes and rec- reational camping vehicles which are not equipped with toilet and bathing facilities, one or more central buildings shall he provided equipped with t,. ;p `` ^:: -~;';; S ,. . N 46S MHD 187 such facilities. The number of fixtures shall be in accordance with the fol lowing schedule: I`umbee of 'T'oilets Urinals Lar•atories Shodvers Dependent Sites --- Men ~Yomea hYen -_ 119en Women hlen ~i'omen 1-15 I 1 -i -- - 1 - -1---- --i--- - 1 -- 16-30 ! 1 2 ~ 1 2 , 1 1 31-45 ~ ? ~ 1 3 3 46-60 ! 2 3~ ~ 2 1 3 3 ? ; 61-30 ! 3 4 2 4 4 ~ 2 81-100 ~ 3 4 '. 2 4 4 ' 2 101-130 4 S 3 i 5 5 3 3 ]31-160 S 6 ~ 3 ! 6 6 4 4 161-190 ~ 6 7~ 3 7 7 ' 4 4 191.220 ~ 7 8 4 I 8 8 ~ S S ~21-250 R 9 4 y 9 i S S 2S 1-280 9 ] 0 ~ 4 10 J O 6 6 2g1-310 10 11 S ~ 11 11 6 6 ?11-340 11 l2 S 12 12 7 7 341-370 12 13 S 13 13 i 7 7 _37 (-400 13 14 6 14 14 ~ 8 8 t ~. Provided, that in primitive recreational camping areas only the toilet facilities shall be required in the above ratio. Privies and ocher toilets not connected to water-carried systems may he used in recreational camping areas when approved by the State Board of Health. In recreational camping areas or dependent mobile home parks where laundry and bathing facilities are provided, such facilities shall be in buildings which are well constructed with adequate heating and ventila- tion, good lighting and floors of impervious material sloped to drain. Walls shall be of washable material. There shall he no exposed studs or rafters. Toilet facilities shall not be more than 400 feet from the furthest site to be served and shall be plaint}' marked according to sex. In conjunction with bathing facilities, there shall be provided a dressing area or dressing com- partment, the floor of which shall be impervious and well drained. Mats, grids and walkways made of cloth or other ahsonc~nt material shall not he used, provided that single service mats may be used. Where clothes drying lines are provided, they shall be located in areas out of regular pedestrian traffic patterns and where they will generally not he a hazard to the safety to the occupants of the camping area. No laundry trays, washing machines, dryers, or extractors shall be located in any toilet, bath, or dressing room. Recreational camping areas accommodating recreational camping vehicles having a self eontained liquid waste system with a waste reservoir, shall provide a sanitary station for the disposal of waste water. Such sanitary sta- tions shall be equipped with a four inch sewer riser pipe, surrounded at the inlet by a concrete apeon sloped towards the inlet drain, and provided with a suitable hinged cover. A water outlet, with the necessary appurtenances connected to the camp water supply system shall be provided to permit periodic washdown of the immediate adjacent areas. Each recreational camping area accommodating self contained recreational camping vehicles shall provide sanitary stations in the ratio of one for every 100 recreational camping vehicle sites or fraction thereof. Sanitary dumping stations shall be screened from other activities by visual barriers such as fences, walls or - , f` MHD 187 466 natural growth, and shall be separated from any recreational camping vehicle site by a distance of at least 50 feet. Final disposal of sewage from such dumping stations shall be by a method acceptable to the State Board of Nealtlt and Ainnesota Pollution Control Agency, (i) Barbecue Pits, Fireplaces, Stoves and Incinerators. In mobile home parks and recreational camping areas, cooking shelter, barbecue pits, fire- places, wood burning stoves and incinerators shall be so located, constructed and maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. Incinera- tors shall be of a t~•pe acceptable to the Minnesota Pollution Control Agency. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. I~'o fuel shall be used or no material burned which emits dense smoke or objectionable odors. (j) Garbage and Refuse -Handling and Disposal. T`he storage, collec- lion and disposal of refuse and garbage in the mobile home parks and recre- - ational camping areas shall be so conducted as to create no health hazards. rodent harborage, insect breeding areas, accident or fire hazards or air pollu- lion. All refuse and garbage shall be stored in ft~•-tight, water-tight, rodent proof containers which shall be located convenient to any mobile home stte, In recreational camping areas, garbage and refuse containers shall be provided on the ratio of at least one for every four sites, ~. Refuse and garbage collection shall be made at least hvice each week and more often ~~•here necessary to prevent nuisance conditions. Final disposal of refuse and garbage by landfill methods shall be accomplished in accord- ance with the criteria and standards established b}• the Minnesota Pollution Control Agency. (k) Insect and Rodent Harborage and Infestation Control. A4obile home ~ parks and recreational camping areas shall be maintained free of accumu- ' lations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipe and other building materials shall be stored at least one foot above the ground..Areas shall be so main- tained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious ~viceds considered detrimental to health. (1} Nigh4 Lighting. The walkways, drives and other used portions of mobile home parks shall be lighted during the hours of darkness. (m) Community Kitchen and Dining Rooms. When community kitchens and dining rooms are provided, such facilities and equipment shall be main- ! twined in a clean and sanitary condition at all times, and shall be constructed and equipped in compliance with State Laws and Regulations applicable to food handling establishments. (n) Bottled Gas. Where bottled gas is used, the container shall be firmly t connected to the appliance by tubing of copper or other suitable metallic material. Cylinders containing bottled gas shall not be located within five feet of any mobile home or recreational camping vehicle door. T~lte con- twiner shall not be installed or stored even temporarily inside any mobile home or recreational camping vehicle. No container may be permitted to stand free, but must be firmly mounted in an upright position. (o) Fuel Cil Supply S}•steras. All piping from outside fuel storage tanks or cylinders to mobile homes or recreational camping vehicles shall be per- Ii ~, 468 ~ MHD 188 AiHD 188 Initial and Renewal License Fees, License Expiration Dates. (a) Definitions. The following definitions shall apply to MHD 188: 1, (1) "Primary License" shall mean the initial license issued to the first person, firm, partnership, corporationaoer athmobrletnhomespa k~ or to establish and maintain, conduct or op recreational catnping area at any one location. t,} "Rcheµ'acorporation ohother husiness associatton operating person, firm, partner. p a previously licensed mobile home park or recreational camping area. (b1 Fee Schedule, The application for a primary' license, or ;; renewal area, as thereof, to operate a mobile home park or recreational camping fees: defined in Minn. Stat. Sec. 3"'7.14 shall be accompanied by the following •a (1) primary (Initiatl License Fre: 50.00 for each 50 sites or fraction thereof. The fe` O OOdfolr1each 50~site~~or fr ct~o~n~thc eof~ry license has been issued shat' he (_1 Renewal Fee for Year-Round Estahlishm~r.ts: 510.00 for each ten sites or fraction thereof with a maximum fee of _ 00.00 except as F provided for in'viHD 188 (a)(4). (31 Renewal Fee for Seasonal Establishments: 1~he renewal fee for any mobilejiod of sixr( )rmonths ! l~8? day For less during a~alendarfvear continuous P uted pursuant to 1iHD shall pay savant}'-five (751 percent of the tee as comp ` lgg (a)(~) with a maximum fee of 53'5.00 exc~pt as provided for in 11HD 'i {~ 188 (a)(4)• (4) Increased Fee: For yli~ationn~ndpeetaroennot submitted by increased h}' 510.00 if the renewal app 1 ~ of the year for which application for license is made. For seasonal .January' luation and fee operations the fee will he increased SI0.00 it the renewal aPP ens. are not submitted within 15 calendar day's after the establishment op (c) Expiration Dates, '` mobile home park and (1) Primary License: Primary ear for recreational camping area licenses shall he issued for the calendar ear. ~' which application is made and shall expire on December 31 of such y ~ Renewal License for Year-Round Estaba~reas whir hoperate (z) Licenses for mobile home parks and recreational camping ear shall be on a year-roundlendar(year forswhichtappluathon is made and shall)expireon issued for the ca December 31 of such ye~• ~.::: n _ rx e 9 469 licenses for a cc effective for whi 183rd c year in ' annum submitt Deccmt (e apply t~ ~i j f`. s„ ~yt ~. ~ rtiw ~ 3 ~ ~w .1%• - - -.~. 466 •eational camping il of sewage from o the State Board In mobile home arbecue pits, fire- cated, conswcted 3 smoke nuisance +roperty. Incinera- ~ Control Ageney. led. No open fire rial braved which ie storage, collec- parks and recre- ;o health hazards, zards or air pollu- vater-tight, rodent my mobile home ontainers shall be each week and _ Final disposal 'pushed in accord- innesc;a Pollution al. I`Sobile home . free of accumu- r breeding places so maintained as, ~uildin~ materials shall be so main- oison oak, poison health. used portions of arkness. mmunity kitchens :nt shall be main- all be constructed ions applicable to ter shall be firmly suitable metallic >cated within five e door. The con- nside any mobile i be permitted to ;ition. fuel storage tanks icles shall be per- ~.. 467 MHD 187 manently installed and securely fastened in place. All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any mobile home or recreational camping vehicle or less than five feet from any mobile home or recreational camping vehicle exit. All fuel oil containers shall be mounted upon a stand or rack constructed of anon-combustible material. (p) Fiee Protection. Fire protection shall be provided in accordance with the requirements of the State Fire Marshal. (q) Variance. In any case where, upon applicacio^ of responsible per- sons, the State Board of Health finds that by reason of exceptional circum- stances the strict enforcement of any provision of this regulation would cause undue hardship and would be unreasonable, impractical or not feasible, the Board in its discretion may permit a variance therefrom upon such condi- tions as it may prescribe. Such variances may not conflict with statute provi- sions. 14-II~D 1fi8-194 Reserved for future use, Filed June, 1970. ~•. ......, , , .. ,. ,,. ,. . _ . - _. - - ` 469 MHD 188 (3) Renewal License for Seasonal Establishments: Renewal licenses for mobile home parks and recreational camping areas which operate for a continuous period of .six (6) months (183 days) or less shall be issued effective the first day of the establishment's operation in the calendar year for which the license is issued. Such renewal license shall expire after the 183rd da}• from the effective date of the license or on December 31 of the year in which the license u•as issued, whichever occurs first. (d) License Renewals. License renewals shall be obtained on an annual or semiannual basis, All license renewal applications shall be submitted to the State Board of Health on forms prodded by it no later than December 31 of the year preceding the year for which application is made, (e) Effective Date. The fees prescribed in regulation hSHD I88 shall apply to all licenses which become effective on or after January 1, 1975. (Filed December 4, 1974) r e >' l e d r sl e ,e n f~ ~_ ~.• .~ fir: m r SAY ~~~ ~~. ~-~ (! § 326.41 EwIPLOYRIENTS LICENSED igl' STATE PLUMBERS 326.41. Advisory council The state commissioner of health shall appoint seven persons to the advisor}• council on plumbing code and examinations, one of whom shall be a practical master plumber, one a practical journeyman plumber, and one a representative of the commissioner. The council shall expire and the terms, compensation and removal of members of the council shall be as provided in section 15.059. Amended by Laws 1963, c. 260, § 59, eff. July 1, 1983, 1983 Amendment. Added "of the council" following members. WATCHMAKERS 326.54 to 326.547. Repealed by Lasm•s 1983, c. 293, ~ 115. CHAPTER 327. HOTELS, PE;BLIC RESORTS, IvIA'rUF.4C'I`URF.D HO'~lES TOURIST CAMPS Sec. 327.131. Fraud. HOTELS 327.70. Definitions. Sec. 327.71. Innkeeper liabilit}• for the personal property of guests. 327.72. Oversta}~ing guests. 327.73. Undesirable guests; ejection of, and re- fusal to admit. 327.71. Setting fire to hotel belongings. 327.75. FYaud; proof of fraud. 327.76. Innkeeper's lien. 327.01 to 327.095. Repealed by Laws 1982, c. 517, § 9 Prior to repeal section 3?7.07 u•as amended by haws 1982, c. 516, § 1. This amendment was repealed by Laws 1982, c. 642, § 6. See, now g 3'27.70 et seq. Laws 1982, c. 517, did not contain appropria- tion items or a specific effective date. See § 645.02 for method of determining the effective date. TOURIST CAMPS I I I I l l 327.10. L~ging establishment operator, duties Every person operating within this state a recreational camping area, cabin camp, lodging house, tourist rooms, motel, manufactured home park, or resort furnishing sleeping or overnight stopping accommodations for transient guests, shall provide and keep thereat a suitable guest register for the registration of all guests provided with sleeping accommodations or other overnight stopping accommodations thereat; and every such guest shall be registered therein. Upon the arrival of every such guest, the operator of such camp or resort shall require him to enter in such register, or enter for him therein, in separate columns provided in such register, the name and home address of the guest and every person, if any, with him as a member of his party; and if traveling by motor vehicle, the make of such vehicle, registration number, and other identifying letters or charaet~rs appearing on the official number plate carried thereon, including the name ~ 6 § 327.14 HOTELS, PUBLIC RESORTS, MANUFACTURED HOMES HOTELS. Subd. 7. Recreational campinq vehicle. "Recreational camping vehicle" when used (1) The 1 in sections 327.14 to 3'17.28 includes the following: .the panne: (a) any vehicular, portah~ structure built on a chassis, designed to be used as a the applies temporary dwelling for travel, recreational, and vacation uses; (2) A lef (b) any structure designed•to be mounted on a truck chassis for use as a temporary proposes t dwelling for travel, recreation, and vacation; area. (c) an}' portable, temporary dwelling to be used for travel, recreation, and vacation, (3) The 1 constructed as an integral part of aself-propelled vehicle; and for the pr (d) any folding structure, mounted on wheels and designed for travel, recreation, and building fc facilities s vacation use. , toilet facili Subd. 8. Recreational camping area. "Recreational camping area" means an}• area, manufactu~ whether privately or publicly owned, used on a dail}', nightl}•, weekl}•, or longer basis for disposal s}• the accommodation of five or more tents or recreational camping vehicles free of charge " ' (4) The F s camps, industrial excludes children or for compensation. "Recreational camping area upon which camps, migrant labor camps, as defined in Minnesota Statutes and state commissioner of health rules, United States forest service camps, state forest service camps, state wildlife (5) The c. management areas or state owned public access areas which are restricted in use to home park picnicking and boat landing. (6) Plans Amended b~• Laws 1982, c. 51b, 4 2; Laws 1982, c. 526, art. 3, § 3, eff. Aug. 1, 1982; Laws 1982, c. plumbing a 692• § B. Subd. 3. 1982 Amendments. Laws 198'2, c. 526, revised The amendment of suhd. 8 b~• Laws 1982, c. 642, a-ith all pla: this section. For former test see the main vol• § 8 was repealed by Laws 1983, c. 216, § 89. amount pre shall be acs ume. The amendment of Subd. 8 by Laws 1982, c. wherein the 516, was repealed by Laws 1982, c. 642, 4 6. does not rec amount pre: 327.15• License for manufactured home park and recreational campinq area license fees No person, firm or corporation shall establish, maintain, conduct or operate a manufac- The fee sub Proposed pr tured home park or recreational camping area within this state without first obtaining a license therefor from the state department of health. Any person, firm, or corporation FVhen con desiring t.o operate either a manufactured home park or a recreational camping area on bons the sta the same site in connection with the other, need only obtain one license. A license shall or recreatio expire and be renewed as prescribed by the commissioner pursuant to section 14.3.122. inspection a: The license shall state the number of manufactured home sites and recreational camping requirement sites allowed according to state commissioner of health approval. No renewal license and safet}• shall be issued if the number of sites specified in the application exceeds those of the applicant, th original application unless the plans for expansion or the construction for expansion are name of the first approved by the department of health. Any manufactured home park or recreation- Subd. 4. al camping area located in more than one municipalit}• shall be dealt with as two separate license any c manufactured home parks or camping areas. The license shall be conspicuously displayed park or recr in the office of the manufactured home park or camping area. The license is not department ~ transferable as to place. objection is i Amended by Lawa 1981, c. 365, ~ 9. safety facilit• have the app 327.16. Application ~ Subd. S. Subdivision I. Made to state department of health. The application for license to department c ark or recreational camping area shall be ufactured home d i t i or make alter p n a man ma n a operate an made to the state department of health, at such office and in such manner as may be park or recrE prescribed by that department, and specifics i P Subd. 2. Contents. The applicant for a primary license or annual license shall make Such apprc application in writing upon a form provided by the state department of health matting palities Navin • forth: ordinances, a ' i ~ 1 f BY STATE IiOTELS, PUBLIC RESORTS, MANUFACTURED HOh1E5 § ~27.j~ of the state issuing such official plate. Such registration shall be kept in an accurate and orderly manner and retained for one year so that the same will be always accessible for inspection by the proper authorities. isorv council on Amended by Laws 1981, c. 365, § 9. plumber, One a 1981 Amendment. Laws 1981, c. 365, 4 9, facwred home" fur "mobile home" throughout er. The Council general]}' authorized the substitution of "manu~ the statute. council shall be 327.11. Guest, registration Ever}• person, upon arri~•ing at any lodging house, manufactured home park, recreation• al camping area, cabin camp, motel or other resort described in stctiuns :3'?7.10 to 3'?7.13 and applying for guest accommodations therein of the character described in section 327.10, shall furnish to the operator or other attendant in charge of suc}t camp or resort the registration information necessar}• to complete his registration in accordance with the requirements of section 327.10, and shall not be provided with accommodations unless and until such information shall be so furnished. Amended b}• Laws 1981, c. 365.4 9. 1981 Amendment. Laws 1981, c. 365, 4 9, factured home" for "mobile home" throughout generally authorized the substitution of "manu• the statute. ;D HO\lES 327.13]. Fraud A person who (1) obtains food, lodging, or other accommodations at a recreational camping area without paying for it, and with intent to defraud the owner or manager of for the personal the recreational camping area or (2) obtains credit at a recreational camping area by or through any false pretense, or by or through the aid, assistance, or influence of an}• Lion of, and m baggage or effects in his possession and control, but not actually belonging to him, shall be guilty of a misdemeanor. belongings. Added by Laws 1982, c. 642, § 7. r d. MANUFACTURED HOME PARKS AND CAMPING AREAS contain appeopria- 327.14. Definitions 'fective date. See Subdivision 1. Terms. For the purposes of sections 327.10, 3'17.11, 3'27.14, W 327.'Ls Wining the effective the terms defined in this section have the meanings given them. Subd. 2. Manufactured home. "Manufactured home" has the meaning specified in section 327.31, subdivision 6. Subd. 3. Manufactured home park. "Manufactured home park" means any site, lot, field or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufac- ~rea, cabin camp, turgid home park. resort furnishing shall provide and Subd. 4. Municipality. "Municipality" means any city, town or township in this sts provided with state, however organized. hereat; and every Subd. 5. nary license. "Primary license" means the initial license issued to the such guest, the first person, firm or corporation to establish and maintain, conduct or operate a manufac- ister, or enter for turgid home park or recreational camping area at any one location, d home address of end if traveling by Subd. 6. Annual license. "Annual license" means a renewal license issued to the identifying letters person, firm or cormsration operating a previously licensed manufactured home park or xluding the name recreational camping area. 7 AI,iliF AC'I'URED fIOAIES HIOTELS, PUBLIC 3tlSORT'S, RIANUFAC['ItRFD NOla9ES § 327.24 ~ •uct or make alterations it^s facilities and equipment in a clean, orderly and sanitary condition. In any manufac- ,,,.. and the appurtenances tuned home park containing more than fift}• lots, the attendant, caretaker, or other sme is denied by the state responsible park employee, shall be readily available at all times in case of emergency. the reason or reasons for nt may amend his li (2) All manufactured home parks shall be well drained and be located so that the ca ~e app peal from the a a drainage of the park area will not endanger any water suppl}•. :Jo waste water from f f p y ~licant m ace o manufactured homes or recreational camping vehicles shall be deposited on the sur ection 3'?i.18. the ground. All sewage and other water carried wastes shall be discharged into a eff. Aug. 1, 1982. municipal seµ•age s}•stem whene4•er available. When a municipal sewage s}'stem is not available, a se~~•agr disposal system acceptable to the state commissioner of health shall be provided. (3) No manufactured home shall be located closer than three feet to the side lot lines of a manufactured home park, if the abutting propert}• is improved propert}•, or closer than ten feet to a public street or alley. Each individual site shall abut or face on a driveway Any license granted here- or clear unoccupied space of not less than 16 feet in width, which space shall have state department of health; unobstructed access to a public highwa}• or alle}•. There shall lie an open space of at ]east .11 first serve or cause to be ten feet between the sides of adjacent manufactured homes including their attachments wa}• or w'a}'s in which such and at least three feet between manufactured homes when parked end to end. The space special rules or regulations betµ•een manufactured homes may be used for the parking of motor vehicles and other 'e shall direct the licensee to property, if the Vehicle nr other propert}• is parked at least ten feet from the nearest : condition. specified in such adjacent manufactured home positron. The requirements of this paragraph shall not time as may be reasonably apply to recreational camping areas and variances may be granted by the state commis- o comply with the terms and sinner of health in manufactured home parks when the variance is applied for in writing extended period of time, the and in the opinion of the commissioner the variance will not endanler the health, safet}• or a hearing before the state and v:•elfare of manufactured home park occupants. of the department of health. (~) An adec uate su rl}• of water of safe, sanitary ~ unlit shall be furnished at each i make such determination as ch determina- h i manufactured home park or recreational camping area The source of the water supply l • su t comply w d or revoke the } shall first be approved b}• the state department of health. At least one water supp k d h Ith to suspen ome par outlet shall he provided at convenient locations throughout the manufacture or recreational camping area. ~r provision of this section, nt danger to the of the state commission- re n e s l s b ha n b p l ( .. and prese anufactured homes or g ode plumbi he Mi ne.ota o f ~ion ro the d h a of heal t er p more m of the central building for the (6) In the case of a manufactured home park, a plan for the sheltering or the safe ed to the sewerage system. evacuation to a safe place of shelter of the residents of fhe park in times of severe arg e ma}• appeal such order to the aid order. f weather conditions, such as tornadoes, high winds and floods. The shelter or evacuation lan shall be developed with the assistance and approval of the municipalit}• where the s ~o on the validity o re of a manufactured home or p park is located and shall be posted at conspicuous locations throughout the park. shall be a misdemean- h order Nothing in this paragraph requires the department of health to review or approve any , shelter or evacuation plan developed by a park. Failure of a municipality to approve a procedure foe hearings or for plan submitted b}• a park shall not be grounds for action against the park by the ark has made a good faith effort to develop the plan and f health if the t t d ~mmissioner where provided in :sofa statutes 1961, Chapter 15 p o men epar obtain municipal approval. [See main twlur-:e jor text of subds. ?and :tJ Amended by Laws 1981, e. 365, 5 9; Laws 1982, e. 526, art. 3, ~ 5, eff. Jan. 1, 1983. 1982 Amendment. Revised aubd. 1. Foe for- )r house pets Of occupants of men text see main volume. shall be allowed to run at large, .ured horns park or recreational 24 enforcement •eational camping area licensed among other things, hall 8 subdivision 1. Violations. It is the duty of the state department of health to enforce 'l8 and the rules and regulations of 14 to 3'?7 327 11 10 327 327 i , s {27,2 eified: . . , , , . ons the provisions of sect the department applicable to manufactured home parks. The department may request rge of every manufactured home the park oe area, and i i the county attorney of the county in which a violation occurs to initiate action to abate the unlawful operation of a manufactured home park. Officials of the department may enter n nta l ma 11 § 327.jfi HOTELS, PUBLIC RESORTS, MANUFACTURE() HOMES HOTELS, PUBLIC Subd. 6. Denial of construction. If the application to construct or make alterations its facilities and e i upon a manufactured home park or recreational camping area and the appurtenances rimary license to operate and maintain the same is denied by the state thereto or a Lured home ark p p res ibl k p commissioner of health, he shall so state in writing giving the reason or reasons for pons e par en denying the application. If the objections can be corrected the applicant may amend his (21 All manufactc application and resubmit it for approval, and if denied the applicant may appeal from the drainage of the par decision of the state commissioner of health as provided in section 3'L7.18. manufactured home th Amended by Laws 1982, c. 365, 4 9; Laws 1982, c. 526, ari. 3, § 4, eff. Aug. 1• ]9R'L. e ground. All si municipal sek•age s; available, a sewage 1982 Amendment. Revised subd. '?. For for• be provided. mer text see main volume. (3) \o manufactu 327.]8. Licenses; revocation, suspension a manufactured hon ten feet to a public Subdivision 1. Procedure for revocation oe suspension. Any license granted here- ubject to revocation or suspension by the state department of health; ll b h d or clear unoccupied b d e s a er s un provided, however, that the state department of health shall first sen•e or cause to be uno structe access ten feet between th~ served upon the licensee a written notice specifying the w•ay or ways in which such and at least three fe licensee has failed to comply with this statute, or any special rules or regulation, promulgated by the state department of health. Said notice shall direct the licensee to between manufactui property, if the veh remove or abate such nuisance, insanitary or objectionable condition, specified in such uch extended period of time as may be reasonably hi i d adjacent manufactu n s t ays, or w notice, within five allowed by the complaining official. If the licensee fails to comply ~~•ith the terms and apply to recreations sinner of health in n conditions of said notice, within the time specified or such extended period of time, the and in the opinion o department of health shall require the licensee to appear for a hearinl* before the state and welfare of mane commissioner of health or the duly authorized employees of the department of health. The state commissioner of health shall review the facts and make such determination as (9) An adequate s he deems necessary in the matter. if the licensee fails to comply with such determina- shall direct the department of health to suspend or revoke the i i manufactured home o b a n oner ss tion, the comm utlet shall be p o~ i~ license. i Subd. 2. Summary proceeding. Notwithstanding any other pro~•ision of this section, that there is a clear and present danger to the findin h l h or recreational cam{: (5) All plumbing s g upon ea t • the department of ublic health may order the immediate removal of one or more manufactured homes or er of health and the p recreational camping vehicles, and may also order closing of the central building for the (6) In the case of purpose of reducing the amount of liquid waste being discharged to the sewerage system. evacuation Co a safe The order shall be complied with immediately. The licensee may appeal such order to the weather conditions, district court and shall be entitled to immediate trial de noun on the validity of said order. plan shall be develol Failure of the licensee to comply with such order, or failure of a manufactured home or park is located anc recreational camping vehicle occupant to vacate under such order, shall be a misdemean- Nothing in this pan or shelter or evacuatior Subd. 3. Procedure for hearing and appal. The procedure for hearings or for nt or of the commissioner where provided in t d plan submitted by ; department of healtl me epar appeals from the orders of the accordance with Minnesota Statutes 1961, Chapter :5 i ll b h 29 obtain municipal app e n a s sections 327.14 to 327. as amended. Amended by Laws 1981, c. 365, § 9. Amended by Laws 198 327.20. Rules R@gttlations. No domestic animals or house pets of occupants of Subdivision I 198•l Amendment F mer text see main votu . manufactured home parks or recreational camping areas shall be allowed to run at large, or commit any nuisances within the limits of a manufactured home park or recreational ,24. Enforeernee eamping area. each manufactured home park or recreational camping area licensed among other things, 2$ shall 327 1a t 327 ' Subdivision I. d , . . .o l7.la, 327.11, j under the provisions of sections 3 ner hereinafter specified: h i i the provisions of sect e man n t ng, ' provide for the follow the department appli (1) A responsibl@ attendant or caretaker shall be in charge of every manufactured home and ark or area tain the i ll h ~@ county attorney c ti f l , p ma n a park or recreational camping area at all times, who s on o awful opera un i 10 RED HOP~IES HOTELS, PUBLIC RESORTS. }VfANUFACTURED HOMES § 327.16 •ie" when used (1) The full name and address of the applicant or applicants, or names and addresses of i f . the partners if the applicant is a partnership, or the names and addresses of the officers be used as a the applicant is a corporation. (2) A legal description of the site, lot, field, or tract of land upon which the applicant proposes to operate and maintain a manufactured home park or recreational camping ns a temporary area. (3) The proposed and existing facilities on and about the site, lot, field, or tract of land ~, and Vacation, for the proposed construction or alteration and maintaining of a sanitary community building for toilets, urinals, sinks, wash basins, slop-sinks, sho«•ers, drains, laundry recreation, and facilities, source of water supply, sewage, garbage and waste disposal; except that no toilet facilities shall be required in any manufactured home park which permits only manufactured homes equipped with toilet facilities discharging to water carried sewage means any area, longer basis for disposal systems; and method of fire and storm protection. s free of charge (4) The proposed method of lighting the structures and site, lot, .field, or tract of land •amps, industrial upon which the manufactured home park or recreational camping area is to be located. commissioner of (5) The calendar months of the year which the applicant will operate the manufactured ps, state wildlife icted in use to home park or recreational camping area. :r (6) Plans and drawings for new construction or alteration, including buildings, wells, gg2; LaHS 1982, c. plumbing and sewage disposal systems. The application for the priman' license shall be submitted roval a F bd 3 . pp ees; . . Su with all plans and specifications enumerated in subdivision 2, and payment of a fee in an La µ•s 198'2• c. 642, amount prescribed by the state commissioner of health pursuant to section 144.122 and 1983, c. '216, § 64. shall be accompanied by an approved zoning permit from the municipality or county t from the municipality or county that it e t t d em n a , or a s wherein the park is to be locate does not require an approved zoning permit. The fee for the annual license shall be in an amount prescribed by the state commissioner of health pursuant to section 144.122. All license fees paid t,o the commissioner of health shall be turned over t.o the state treasury. ping area The fee submitted for the primary license shall be retained by the state even though the perate a manufac- proposed project is not approved and a license is denied. t first obtaining a When construction has been completed in accordance with approved plans and specifica- rm, or corporation on bons the state commissioner of health shall promptly cause the manufactured home park h I camping area A license shall e e or recreational camping area and appurtenances thereto to be inspected. When t d the state commissioner of health finds that al] d . to section 14.1.122. i e an inspection and report has been ma requirements of sections 327.10, 327.11, 327.14 to 327.28, and such conditions of health ng creational camp ~o renewal license and safety as the state commissioner ~of health may require, have been met by the f health shall forthwith issue the primary license in the i i coeds those of the oner o ss applicant, the state comm ~ for expansion are park or recreation- name of the state. Subd. 4. Sanitary facilities. During the pendeney of the application for such primary f the intended manufactured home iliti f ith as two separate icuously displayed es o ac license any change in the sanitary or safety park or recreational camping area shall be immediately reported in writing to the state If d p The license. is not no e. department of health through the office through which the application was ma i tary or objection is made by the state department of health to such change in such san s of the date such change is reported, it shall be deemed to ithin 60 da iliti f y es w ae safety have the approval of the state department of health. Subd. 5. Permit, When the plans and specifications have been approved, the state ermitting the applicant to construct rt l :anon for license to p repo department of health shall issue an approva ake alterations pertaining to water and sewage disposal upon a manufactured home mping area shall be or m k or recreational eamping area and the appurtenances thereto according to the plans manner as maybe Par and agecifications presented. al license shall make ti S~@~ ~~~v a bu lding code ~ or from elomplying with any ot.herdmuni~paltordinancetor P ng ant of health set edinanees applicable thereto, not in eonflict with this statute, o 9 i ~. ` 327.24 ~€®TELS, PUBLIC RESORTS, MANU>~AC~v>REI, »oMES MOTELS. upon the premises of such manufactured home parks at any time for the purposes herein is not hi ~ set forth, or for the purpose of enforcing this statute. g throughou~ Subd. 2. Penalty. Any person, firm or corporation who shall fail to comply, or who operates without first complying wdth the provisions of sections 327.10 to 327.28, is guilty of a misdemeanor. Subd. 4. Subd. 3. Private remedies. Any person injured or threatened with injury by a slop creatii violation of sections 327.14 to 327.28 or of the rules of the department of health applicable designated to manufactured home parks may bring a private action in any court of competent the buildin, jurisdiction. park. Amended by Laws 1981, c. 365, § 9; Laws 1982, c. 526, art. 3, § 6, eff. AuR. 1, 1982. Amended b~ 1982 Amendment Added Subd. 3. 1982 Amer Subd. 2a. S. subd. 2. 327.25. Operation, part of year if any applicant for a manufactured home park license desires to operate such 327.28• Un manufactured home park only during the months from May 1 to October 1, he shall pay Where a I the above mentioned annual license fee. If in the opinion of the state department of shall be uni health the sanitary and facility requirements herein contained are too rigid for the than in a lic seasonal manufactured home parks, the department may in writing or by regulation are provide modify such requirements as circumstances may permit and require. manufacture Amended by Laws 1981, c. 365, § 9. Amended b}• 327.26. Local suthority over parks and camping areas Subdivision 1. Local licenses prohibited. No municipality may impose any license (1) upon any licensed manufactured home park or recreational camping area complying with the provisions of sections 327.10, 327,11, 327.14 to 32x.28, or (2) upon any occupant of 327.33. Adr a licensed manufactured home park. Subdivisic Subd. 2. Local law enforcement. Any municipality which enacts or has enacted laws through a de or ordinances relating to the safety and protection of persons and property is empowered perform suf: to enforce the laws or ordinances within any manufactured home park or recreational insure compl camping area located in the municipality, notwithstanding the fact that the park or area The commis may constitute private property, inspections c Amended by Laws 1982, c. 526, art. 3, § 7, eff. Aug. 1, 1982. Subd. 2. installation s 19fi2 Amendment. Revised this section. For administratio sections 327 former text see main volume. . inspection fe program. Tl 327.27. Iltegulatory provisions ~ for each man Subdivision 1. )Fire extin fishers. Each manufactured home owner shall rovide ~ ~ P be paid b}• th require the each manufactured home with a fire marshal approved type extinguisher, kept in constant manufacturer usable condition. No manufactured home may be parked more than three days without a new manufac usable fire extinguisher in the manufactured home. premises of Subd. 2. State speed limit. Except as provided in subdivision 2a, it shall be unlawful commissioner for any type vehicle to travel at a rate in excess of ten miles per hour while within the Subd. 3. ~ ' limits of a manufactured home park or recreational camping area. The ten miles per hour rules as may limit shall be clearly posted throughout the manufactured home park or recreational 1981, Chapter I camping area, and may be enforced by the municipality in which the park or area is those adopted sections 14 01 located. . Subd. 2a. al s limit. A munici alit ma ~, b ordinance, set and enforce in a P Y } Y Subd. 4. I lation of man ~ is higher than ten miles per hour but which manufactured home park a speed limit whic1 rules may incl 2 I •ACTURED HOMES HOTELS, Pt'BLiC RESORTS, MANt1FACTURED HOMES § 327.33 for the purposes herein is not higher than 30 miles per hour. The local speed limit shall be clearly posted throughout the manufactured home park. Il fail to comply, or w•ho [See main :volume for repeal ojsubd..FJ ;27.10 to 327.28, is guilty Subd. a. Certain practices prohibited. Iv'o animal washing, car washing, or other slop creating practices shall be carried on in any building, structure or other place not tened with injurYlibable designated for such purposes. No pets or domesticated animals shall be allowed to enter ment of health app the buildings containing the sanitary or washing facilities for the manufactured home any court of competent park. Amended b_v Law•s 1982, c. 36~, 4 9; Laws 198'?, c. 526, art. 3, §§ S, 9, eff. Aug. 1, 1982. Aug. 1, 1982. 1982 .amendment. Revised cubd. 2 and added Subd. 2a. See main volume for former text of subd. 2. 27.28. t'nlawful parking of manufactured homes desires to operate such to October 1, he shall pay Where a licensed manufactured home park is reasonably available in the general area it ' the state department of shall be unlawful for am- person to occupy any manufactured home located elsewhere ed are too rigid for the than in a licensed manufactured home park unless adequate sanitary and water facilities writing or by regulation manufactured homes parked under section 3?7c'l3 asubdivisions2ction shall not apply t•o squire. Amended by Laws 191, c. 36~, § 9. MAlv'L'FACTURED HOME BUILDING CODE license ,y may impose any ~ ~ camping area complying ;2) upon any occupant of 327.33. Administration t i ors or nspec Subdivision 1. Inspections. The commissioner shall, through his own enacts or has enacted laws through a designated recognized inspection service acting as his authorized representative erform sufficient inspections of manufacturing premises and manufactured homes to r is empowered and grope tJ' P insure compliance with sections 327.31 to 327.34 and Laws 1931, Chapter 365, Section 5. home park or a The commissioner shall have the exclusive right to conduct inspections, except for the rk or area fact that the p inspections conducted or authorized by the secretary. Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals, installation seals and inspections which are sufficient to cover ;all costs incurred in the administration of sections 327.31 to 327.34, Laws 1981, Chapter 365, Section 5, and sections 327.51 to 327.55. The commissioner shall also establish by rule a monitoring inspection fee in an amount that will comply with the secretary's fee distribution program. This monitoring inspection fee shall be an amount paid by the manufacturer for each manufactured home produced in Minnesota. The monitoring inspection fee shall be paid by the manufacturer to the secretary. The rules of the fee distribution program home owner shall provide tant require the secretary to distribute the fees collected from all manufactured home roved and eonditionally approved based on the number of states a f ctinguisher, kept in cons three days without a h pp acturers among manu new manufactured homes whose first location after leaving the manufacturer is on the h an ~ t e premises of a distributor, dealer or purchaser in that stabs. All fees received by t missioner shall be deposited in the state treasury and credited to the general fund. ision 2a, it shall be unlawful com Administration and enfoeeement rules. The eommissioner may adopt other 3 Subd ~s per hour while within the . . rules as may be necessary to administer and enforce sections 327.31 to 327.34 and Laws tree. The ten miles per hour k or recreational 1981, Chapter 365, Section 5. The rules shall, to the extent practicable, be uniform with les shall be adopted in the manner prescribed by All t h home par ru es. er sta those adopted by ot t which the park or area is sections 14.01 to 14.70. Hnstallation rules. The commissioner shall adopt rules governing the instal- A Subd dinance, set and enforce in a miles per hour but which t . . lation of manufactured homes, and shall include them in the state building code. The rules may include a list of specific safety items to be inspected at the time of installation. en 13 327.33 laoTEL~, Pu>13L1c RESORTS, Mal~u>~ACXI'URED HoMEs Subd. 5. Accessory structures rules. The commissioner shall adopt rules governing the construction and installation of manufactured home accessory structures including, but not limited to, rules relating to the certification of prefabricated manufactured home accessory structures. Upon showing that another state provides for certification of prefabricated manufactured home accesson• structures manufactured in compliance with standards at least eyual to those established b}• the commissioner, the commissioner ma}• by rule provide that any structure bearing certification affixed under the authority of that state shall not be required to bear the certification of this state. Subd. 6. Authorization as agenc}•. The commissioner shall apply to the secretar}' for approval of the commissioner as the administrative agency for the regulation of manufac- tured homes under the rules of the secretan•. The commissioner may make rules for the administration and enforcement of his responsibilities as a state administrative agenc}• including, but not limited to, rules for the handling of citizen's complaints. All moneys received foe services provided b}• the commissioner or his authorized agents as a state administrative agency shall be deposited in the general fund. The commissioner is charged with the adoption, administration, and enforcement of the Manufactured Home Construction and Safer}' Standards, consistent with rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The commissioner may adopt the rules, regulations, codes, and standards necessary to enforce the standards promul- gated under this section. The commissioner is authorized to conduct hearings and presentations of vies+'s consistent with regulations adopted by the U.S. Department of Housing and Urban Development and to adopt rules and regulations in ordee to carry out this function. Subd. 7. Employees. The commissioner may appoint such employees within the department of administration as he may deem necessary for the administration of sections 327.31 to 327.34, Laws 1981, Chapter 365, Section 5, and sections 327.51 to 327.55. Amended by Laµ•s 1971, c. 409, § 3; Laws 1974, c. 273, § 5; Laws 1981, c. 365, § 3; Laws 1982, c. 424, § 130. 1982 Amendment. Laws 1982, c. 424, § 130, The references appear generally throughout the directed references to the administrative proce_ statute. duce act be changed to reflect renumbering. 327.$1 to 327.$3. Repealed by Laws 1982, c. 526, art. 2, § 20, eff. Aug. 1, 1952 Manufactured home park lot rentals, see now § 3270.01 et seq. !HOTELS, PUBLIC SECTIC I. In general Legislation governing session of land upon a•h is siwated changed cons involved in month•tu-n Flaminku Terrace `lob Scott, 1981, 317 N.k'.2d Effect of legislation lease terms to be of or create year-to-year tens to terminate year•to-}'ea see 60 days notice and possessions within l5 lease term. Id. Where written notice c ply with terms and con lease agreement was nc prescribed by legislatior cover}- of possession of 327.45 to 327.4 7. R~ Manufactured home p. 3270.01 et seq. 327.51 to 327.56, Re M A'\ U F~ 327.61. Citation Sections 327.61 to 3c act of 1975. Amended by Laws 1981, 327.62. Definitions :`iotes o[ Deeisions 1Jnder Repealed Sections SECTION 327.42 As of effective date of legislation governing Subd• 2. "Manufact lessoe's recovery of possession of land upon 327.31, subdivision 6, N 1. in general which occupied mobile home is situated, month- or other valid encumb Effect of legislation requiring mobile home to-month tenancy of parties was converted to home's occupant; provi lease terms to be of one year duration was to yese-to-year tenancy, and since no proper fermi- includes a manufactur ereate year-to-year tenancy with right of lessee nation of tenancy was effected under statute by Amended by Laws 1982, ~ to terminate year-to-year tenancy by giving les- giving lessee 60 days notice and by seeking to see 60 days notice and by seeking to recover over possession within 15 days at end of 1982 Amendment. Rev possessions within 15 days at end of annual annual lease term, termination was impro{~rly finer text see main volume lease term. Flamingo Terrace Mobile Home allowed Id. Park, Inc. v. Scott, 1981, 317 N.W.2d 697. 0 327.63. Applicability 327.$$, 327.$41. Repealed by ws 1962, c. 526, Z, 20, ef't. March 23, 19132 Subdivision I. IJ.C. +~ !fished by sections 327.E Manufactured home park lot rentals, see now for repossession of a i • 5 3270.01 et seq. state, the provisions of ; 14 City Council Minutes March 19, 1984 Page Four The City Administrator be 10 feet from Jackson property. indicated that Mr. Zaclc Johnson recommended that the setbacks Street, 5 feet from 4th Street and 5 feet from the east Mayor Hinkle indicated that he felt if 15 feet were to be taken off in the side yard and front yard setbacks, he would rather it would be taken off from the street side rather than from the resident's side. Councilmember Duitsman indicated that he supported the Mayor`s feelings, regarding the side yard and front yard setback requirements. Discussion was also carried on regarding traffic and traffic control in the area. COUNCILMEMBER DUITSMAN MOVED TO APPROVE A VARIANCE REQUEST BY MR. CLIFF LUNDBERG FOR A FRONT YARD SETBACK ON JACKSON AVENUE OF SIX (6) FEET AND A FRONT YARD SETBACK ON 4TH STREET OF FIVE (5) FEET, AND A SIDE YARD SETBACK TO THE EAST OF THE PROPERTY OF TEN (10) FEET, WITH THE CORNER OF THE BUILDING CUT OFF AS PROPOSED ON THE DRAWING SUBMITTED WITH THE MEMORANDUM FROM THE CITY ADMINISTRATOR TO THE MAYOR AND CITY COUNCIL DATED MARCH 15, 1984. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMEMBER SCHULDT OPPOSED. Discussion was carried on reggrding the use of the basement for rental space and variance to the parking space requirements. Planning Commission Chairman Marty Tracy indicated that the Planning Commission could not make a decision based on "ifs", regarding Mr. Lundberg`s request for a parking variance. General discussion was carried on regarding the possibility of the building having a total of 5,000 square feet of rental space rather than a 2,500 square foot building. Councilmember Engstrom indicated that the Planning Commission considered the variance based on one floor of space consisting of 2,500 square feet. It was the consensus tha the city Council consider a parking variance when Mr. Lundberg has a definite plan for the site. COUNCILMEMBER DUITSMAN MOVED THAT THE EAST BASEMENT WALL BE BUILT WITHOUT SIGNIFICANT SITE EXCAVATION BY LAYING THE BLOCK FROM THE INSIDE AND THAT THE OWNER, MR. CLIFF LUNDBERG, PROVIDE PROPER WATER DRAINAGE FOR THE SITE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Wapiti Park Campgrounds Conditional Use Permit Request - Public Hearing Mayor Hinkle indicated that recently, the City Code was amended to provide that a conditional use permit could be issued in an R-1B Single Family residential zone for campground operations. Mayor Hinkle further indicated that Mr. Roger White of Wapit- Park Campgrounds, has requested a conditional use permit for the campground located at 18746 Troy Street. Mayor Hinkle indicated that the Planning Commission reviewed the conditional use request at their February 28th meeting and voted unanimously to grant a conditional use permit, based upon the following conditions: 1) That a private road agreement be entered into between Mr. White and the City of Elk River for access to 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. • City Council Minutes March 19, 1984 Page Five 3) That the hours of the campground operation be from 8:00 a.m. to 11:00 p.m. 4) That only minor maintenance and repair of recreational vehicles which is re- stricted 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 in- dividuals utilizing the campground facility and that the store and restaurant not be expanded; and 6) That the permit be reviewed every two years. Mayor Hinkle opened the public hearing. Mr. Don Britts, a neighboring property owner, expressed his concern that the City Council would not grant him a permit to have a consignment sale business and yet would allow a compground which would create more traffic than his consignment busi- ness. Mayor Hinkle indicated that the campground was allowed as a conditional use in the current zoning, whereby the consignment sale business was not allowed in the current zoning. Mr. Ron Crapser asked the City Council to consider the extended use of the campground facility by allowing a convenience store. Mr. Mike Cletus, a resident on the existing road to the campground, expressed his concern of the condition of the road and requested that the City consider taking over the road. Discussion was carried on regarding a private road agreement. Mr. Don Britt in- dicated that he owned the easement that the property was on and further indicated that there were other homeowners on the road. Discussion was also carried on re- garding the private road agreement and should Mr. White not perform the maintenance, on the road, the City would and who would pay for those costs. Mr. Roger White indicated that he has maintained the road for ten years. Mr. White further indicated that he has tried .to take care of the large pothole or sink hole and has brought in loads of gravel to fill the hole, Mr. White further indicated that once a year, a grader comes in to work the road. Mr. Cletus indicated that he appreciated the work Mr. White has done on the road and volunteered his help to work with Mr. White to continue to maintain the road. The City Administrator indicated that in the Building and Zoning Administrator's memo to the Planning Commission, the Building and Zoning Administrator expressed the concern of the length of stay of individuals in the campgrounds. The City Administra• for indicated that the City Council should address this issue, as the campground is not a year-round facility. The City Administrator indicated that the City staff suggests that the City Council make as a condition of the conditional use, that individuals may utilize the Wapiti Park Campground from May 1st through September 30 t] City Council Minutes March 19, 1984 Page Six for an unrestricted length of time and in the other months, the stay be limited to a two week maximum. Mr. Marty Tracy, Planning Commission Chairman, indicated that the Planning Com- mission did discuss the conditions regarding length of stay, and further indicated that the City staff's proposal would be acceptable to the Planning Commission, as their intent was to not allow full-time residents. Discussion was carried on regarding the length of time for the limited stay. Councilmember Duitsman indicated that he felt he could approve a limited stay of 3 or 4 weeks during the off-season. Councilmember Schuldt indicated that if the City Council would approve a limited stay of 3 to 4 weeks, a resident could potentially live there from April lst to November 1st. Mr. Roger White indicated that they have many requests for construction workers that may be working in the area to stay for extended periods of time, whether it be the summer season or the off season. Mr. White indicated that if they were not allowed to stay at his campground, it would cut his business and he would not be able to continue. Mr. Rick Breezee, Building and Zoning Administrator, indicated that the type of camping facilities these people stay in are not built to code for home residence, and further indicated that if the City would allow year-round full time residents, the City would have some responsibility regarding safety requirements. Mr. Rick Breezee indicated that there are minimum building code requirements that the State requires, which the campers and recreational vehicles do not meet. Further discussion was carried on reg~~rding the type of campers and the HUD standards required for permanent housing with regard to the construction, plumbing and heating of the campers and recreational vehicles. Marty Tracy indicated that allowing full-time residency was not within the spirit of the ordinance. Mr. Tracy indicated that a campground recreational facility was allowed as a conditional use in the ordinance and further indicated that full-time residency would not be the intent. Mayor Hinkle suggested that the language of the conditional use permit read "no temporary or long-term housing" allowed. Discussion was carried on regarding various language that could be used to specify the intent of the ordinance and the City Council. Further discussion was carried on regarding year-round camping facilities. Mr. Rick Breezee, Building and Zoning Administrator, again expressed his concern that the facilities do not meet minimum standards and if the City Council would allow full-time residents in the campground, he would have a very difficult time enforcing the City ordinances, as anyone could place a camper/trailer on five acres of property and live there. The City Administrator indicated that the Planning Commission did not address the keeping of horses at the campground facility. The City Administrator further indicated that the City staff is suggesting that the City Council make a specific requirement that the horses housed at the Wapiti Park be kept in such a manner j that they do not provide a nuisance to any neighboring property, as would be defined in the City's nuisance ordinance. City Council Minutes March 19, 1984 Page Seven COUNCILMEMBER DUITSMAN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY MR. ROGER WHITE FOR A CAMPGROUND FACILITY LOCATED AT 18746 TROY STREET, WITH THE FOLLOWING CONDITIONS; 1) THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. WHITE AND THE CITY OF ELK RIVER FOR ACCESS TO THE PROPERTY: 2) THAT THE NUMBER OF CAMPSITES WITHIN THIS PROPERTY BE ESTABLISHED AT ONE HUNDRED NINE (109) WITH TWENTY (20) TENT SITES AND NO ADDITIONAL CAMPSITES BE PERMITTED+ 3) THAT THE HOURS OF THE CAMP OPERATION BE FROM 8;00 A.M. TO 11:00 P.M. 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 FACILITIES 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:;; AND THAT THE PUBLIC HEARING BE CONTINUED TO REVIEW AND CONSIDER THE LENGTH OF STAY OF CAMPERS AT THE WAPITI FACILITY. COUNCILMEMBER ENGSTROM SECONDED THE MOTTON. THE MOTION PASSED 4-0. 8. Lockwood Variance Request - Public Hear Councilmember Engstrom indicated that Mr. Ken Lockwood of 13616 192nd Avenue NW has requested a variance to the City Ordinance regarding minimum setbacks for agricultural buildings. Councilmember Engstrom indicated that Mr. Lockwood has requested a variance, as he neglected to obtain a building permit for construction of a metal-skinned agricultural building and therefore, placed the building on the old building site which encroaches 425 feet into the required 600 foot minimum setback requirements. Councilmember Engstrom indicated that the Planning Com- mission reviewed and discussed the findings necessary and found that they could grant Mr. Lockwood the variance with specific conditions. Councilmember Engstrom further indicated that the conditions recommended by the Planning Commission were that Mr. Lockwood clean up the entire area and that his variance be reviewed yearly. Mayor Hinkle opened the public hearing. Mr. Ken Lockwood indicated that he had started the construction of the building a number of years ago, that the poles were set, and that he did not know about the City's setback requirements. Discussion was carried on between the City Council and Mr. Lockwood regarding the construction of the new barn and the cleanup of his property. At the March 19, 1984 meeting of the City Council, consideration was given by the City Council to a conditional use permit for the Wapiti Park Campground. City Council action at that meeting was to approve of a variety of conditions for the permit and to continue the public hearing for the purpose of establishing additional con- ditions relative to the length of stay of individuals staying at the campground. In the Staff and City Attorney's review of an appropriate condition or conditions to impose on the Wapiti Park Campground relative to the length of stay, some very difficult questions developed. Conditions that might be imposed regarding length of stay were either unfair to the campground facility, difficult to enforce, or would not accomplish the stated objective of the City Council. As such the staff determined with the City Attorney that a more appropriate course of action would not be to limit specifically the length of stay, but to deal more with the use of the vehicle within the campground facility. In the Staff and City Attorney's approach to the remaining conditions on the Wapiti Park Campground, several state regulations and statutes were reviewed and will be recommended for incorporation into the conditional use permit. Copies of Minnesota Statutes 327.10 through 327.28 and Minnesota Department of Health Regulation 187 are attached for the City Council's review. As the Council can see in the review of these particular state regulations and statutes, a great deal of the language recommended for conditions in the conditional use permit comes directly from the statutory requirements already imposed upon the Wapiti Park Campground. In dealing with the remaining conditions for the Wapiti Park Campground conditional use permit, it is recommended that the City Council require 1) That the provisions of the ivlinnesota 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. 2) As required in MS 327.10, all guests shall be registered on the guest register showing the permanent address of the guest. In addition, the guest register shall also show the guest's place of employment, if any. .505 U.PA. Drive, Elk River, Minnesota 55330 (612]441-2052 City Council Memo May 3, 1984 Page Two 3) Only recreational camping vehicles, as defined by MS 327.14 Subdivision 7, shall be permitted within the Wapiti Park Campground facility. 4) As provided in MS 327.14 Subdivision 7, the intended use of recreational camping vehicles is as a temporary dwelling for travel, recreational, and vacation uses. 5) No modifications, additions, or alterations to recreational camping vehicles shall be permitted, which in any way change the temporary dwelling nature of the vehicle. Modifications including, but not limited to, skirting at the base of the recreational camping vehicle, the construction or addition of vestibules, and the additional of larger than the original equipment propane or bottle gas tanks, which encourage per- manent use of said recreational vehicle shall be prohibited. The above conditions, which are consistant with state rules and statute, which are already imposed upon the Wapiti Park Campground facility, should achieve the goal of having the Wapiti facility used for temporary dwellings only during recreational or vacational periods. The concerns of permanent residence or manufactured housing being per- mitted in the park are adequately addressed in the above conditions. Therefore, it is recommended that the City Council grant final approval to the Wapiti Park Campground, Inc. conditional use permit with the abovementioned conditions, and in light of the conditions already im- posed and approved by the City Council at the March 19, 1984 City Council meeting. Respectfully submitted, ~-!~ Robert C. Middau City Administrator RCM:st Mr. Roger White has requested a set-up license from the City of Elk River for Wapiti Park Campgrounds located at 18746 Troy Street in Elk River. As the City Council is aware, a set-up license will not allow the Whites to sell intoxicating liquor at their business, but will allow Mr. White to have liquor displayed and consumed on his premises, and will also allow Mr. ti~Thite to sell set-ups for use with intoxicating liquor. As the City Council may recall, the White's request for an intoxicating liquor license for Wapiti Park Campground was denied by the City Council at the March 19, 1984, meeting of the City Council. The White's request for a set-up license is sufficiently different from the intoxicating liquor license originally requested, and approval should not be a problem for the City. Due to the fact that individuals must bring their own intoxicating liquor to the White's premises, the attraction to the general public should be limited. In addition, the set-up situation seems to work well Gaith campers and get-togethers associated with Wapiti Park users. As such, it is recommended that the City Council grant the set-up license requested by Wapiti Park Campgrounds. Respectfully submitted, e~ Robert C. Middaugh City Administrator RCM:st t~ 505 U.PA. Drive, Elk River, Minnesota 55330 [612]441-2052 City Council Minutes May 7, 1984 Page Two - residents of 218th Avenue would be to submit a petition to the City of Elk River for the road improvements and acceptance by the City for maintenance. Discussion was carried on regarding the possibilities of other roads within the City of Elk River that would be acceptable to the City for maintenance. Councilmember Duitsman requested that the City Council address the problem of right-of-way . The City Administrator indicated that should there not be enough right-of-way, additional right-of-way would have to be dedicated, and if condemnation was necessary, it would certainly indicate a lack of interest by the citizens. Discussion was carried on regarding specific standards for each roadway request. RESOLUTION 84-8, A RESOLUTION AMENDING COUNCILMEMBER DUITSMAN MOVED TO APPROVE~THE LANGUAGE L~MI~Pd~ TO RESOLUTION 83-11. COUNCILMEMBER GUNKEL .SECONDED THE MOTION. THE MOTION PASSED 3-0. Mayor Hinkle indicated that the cost to the residents for 218th was projected at $2,050.00, and further indicated that residents should submit a petition to the City Council for the road improvement and road acceptance by the City. The City Administrator indicated that a public hearing would have to be held to order the project. 7. Wapiti Park Conditional Use Permit - Continued Public Hear The City Administrator indicated that at the March 19, 1984 City Council meeting, the City Council approved a variety of conditions for a conditional use permit for Wapiti Park Campgrounds and voted to continue the public hearing for the purpose of establishing an additional condition that would deal with the type of use and length of stay of individuals at the campground. The City Admin- istrator indicated that the length of stay is based upon the concern of people living there permanently in order to work in the surrounding area. The City Administrator indicated that after several discussions with the City's Attorney, it would be more appropriate to deal with the use of the vehicles within the campground rather than the length of stay. The City Administrator further in- dicated that the City Attorney and the City staff's concerns also considered the fairness to the White operation of Wapiti Park. The City Administrator in- dicated that after the City staff and City Attorney's review, it is recommended that several State regulations and statutes be incorporated into the conditional use permit. The City Administrator indicated that Minnesota Statute 327.10 - 327.28 and the Minnesota Department of Health regulation 187 deal with regulations pertaining to recreational camping areas. The City Administrator indicated that the statute addresses the use of recreational vehicles for recreational use in campgrounds. The City Administrator further indicated that the statute addresses the use of recreational vehicles for recreational use in campgrounds. The City Administrator further indicated that the condition would not allow the modification ~. --- to recreational vehicles in order to change them to permanent vehicle residences. The City Administrator further indicated that the City has received approximately 18 letters in support of the Whites and their Wapiti Park Campground operation. i°,i~y Council Minutes May 7, 1984 Page Three Mayor Hinkle opened the public hearing. Ms. Ann Schulz, attorney representing the Whites, indicated that she felt the City Administrator's recommendation requesting permanent home address of guests registered at the campground was above and beyond the Minnesota statute. Pos. Schulz further indicated that she felt the requirement of a home address and place of employment was an evasion of privacy. Ms. Schulz further indicated that she felt the City Administrator's recommendation in his memo to the Mayor and City Council dated May 3, 1984, Items 3 and 4 could be combined as one condition, eliminating the language of intended use. Ms. Schulz further ind icated that the condition addressing modifications, additions or alterations was arbitrary and not fair and therefore, requested that it be removed from the conditional use permit. Ms. Schulz indicated that various modifications such as skirting are required for Minnesota's inclement weather. Mayor Hinkle indicated that the modification condition of the conditional use per- mit was to address the issue of permanency of the vehicles and Wapiti Park. Ms. Schulz indicated that skirting, additions or vestibules were not permanent and could be taken down at a moment's notice. Ms. Schulz further indicated that she felt the conditional use permit could not address the permanent issue fairly. Mr. Rick Breezee, Building and Zoning Administrator, indicated that there was a definite concern for safety and that the recreational vehicles were constructed as recreational vehicles and not intended to be used as permanent residences. The City Administrator indicated that the requirement of residents registering their place of employment was included to make sure that the campground was used for recreational vehicle use only. The City Administrator further indicated that the language in number 4 of the conditions is part of the City Code. The City Administrator indicated that the purpose of the campground facility is for recreational use and the vehicles in the campground are for recreational use and not dwellings for full-time residency. Mayor Hinkle indicated that the Wapiti Park Campground is a campground and not a mobile home park. Mr. Bob Westerland expressed his concern of the requirements of the conditional use permit for wapiti Park Campground. Mr. Westerland indicated that he had a permanent site in the Brainerd area which is set up for any length of time and further indicated Char he could not understand the concern the City Council has with the Wapiti Park operation. Discussion was carried on by various residents in the park regarding the type of camper trailers they have, the construction of their trailers and the reasons they are at the campgrounds. Mrs. Marilyn Morgan indicated that their camper-trailer allows her to travel with her husland as he travels from job to job. Mr. Robert Hannley indicated that he is a navy retiree and travels to the south in the wintertime and stays at the - Wapiti Campground in the summer. i r Further discussion was carried on regarding the need for skirting in the winters in Minnesota and the fact that the skirting around the various trailers is a temporary means of protection. City Council Minutes May 7, 1984 Page Four Mayor Hinkle indicated that one of the conditions of the conditional use permit was that it be reviewed every two years. Councilmember Schuldt indicated that the City Council could not come up with a satisfactory answer addressing the length of stay and therefore, are considering the use of the vehicle within the campground. Councilmember Schuldt indicated that he felt a campground does not have to be for recreational purposes and that it can be a temporary place to stay. Councilmember Schuldt indicated that travel trailers and campgrounds can also be used for temporary employment. Councilmember Schuldt further indicated that an example might be that a family travels with the husband during the summer time as he works. Councilmember Schuldt further indi- cated that campground residents can be at a campground for a number of reasons. Councilmember Schuldt indicated that his concern was that Mr. White not become a landlord for rental units or mobile homes. The City Administrator indicated that the Minnesota Statute addresses the definition of recreational vehicles and further indicated that the City Code addresses temporary .issues and recreational or vacation activities as allowed in a campground. Mr. h'hite of Wapiti Park indicated he wanted his campground to provide a place to stay for people that travel while they work and that they are in no way pro- moting permanent residents. Mr. Rick Breezee, the City's Building and Zoning Administrator indicated thst the City staff is not questioning t}~e operation of the Wapiti Park Campground facility, but is concerned about the permanency of recreati~ nat. vehicles in the campground, ._ with regarding the life, health and safety issues. Councilmember Gunkel indicated that she felt the requirement of place of employ- ment for registration was an invasion of privacy and should be removed from the conditions of the conditional use permit. Councilmember Gunkel further indicated that she felt Number 5 of the conditions as recommended by the City Administrator in his memorandum dated May 3, 1984 should be removed and in its place the re- quirements that the wheels stay on the various vehicles parked in the campground and further, that the vehicles meet the NACA code. Discussion was carried on regarding the requirement of the place of employment as part of the registration. Further discussion was carried on regarding Minnesota Statute 327.14. COUNCILMEMBER DUITSMAN MOVED TO GRANT THE CONDITIONAL USE PERMIT REQUEST BY WAPITI PARK CAMPGROUNDS, INC., WITH THE SEVEN CONDITIONS APPROVED AT THE MARCH 19TH CITY COUNCIL MEETING, AND ITEM 1 OF THE CITY ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED MAY 3 , 1984 , AN ADDITIONAL CONDITION , '1'riA'1' '1'H~ WHEELS MUST REMAIN ON VEHICLES PARKED IN THE CAMPGROUND AND THAT THERE BE NO PERMANENT UNITS FOR RENTAL PURPOSES, THE MOTION PASSED 3-0. 8. Wapiti Park Setup License COUNCILMEMBER GUNKEL SECONDED THE MOTION. The City Administrator indicated that Mr. Roger White of Wapiti nark Campground has requested a setup license from the City of Elk River which would allow liquor to be displayed and consumed on the premises. City Council Minutes May 7, 1984 Page Five COUNCILMEMBER DUITSMAN MOVED TO GRANT A SETUP LICENSE FOR WAPITI PARK CAMPGROUND. COUNDILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Art Hidde Administrative Subdivision Request - Public Hear Mayor Hinkle indicated that Mr. Art Hidde of 19171. Zebulon Street, is requesting an administrative subdivision to allow him to consolidate Lots 6 and 7, Bloclc 1, in Village Estates 2nd Addition, and to add the north twenty (20) feet of Lot 6 to Lot 5, Block 1, Village Estates 2nd Addition. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the administrative subdivision. COUNCILMEMBER SCHULDT MOVED TO APPROVE AN ADMINISTRATIVE SUBDIVISION FOR MR. ART }IIDDE IN THE VILLAGE ESTATES 2ND ADDITION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Zoning Ordinance Amendment to Allow Daycare Facilities as a Conditional Use in the C-3B Zone - Public Hearing Councilmember Gunkel indicated that Mrs. Bonnie Ecl:dahl of 18679 Boston Sti:eet, has requested that the City's Zoning Ordinance be amended to permit daycare and preschool facilities as a conditional. use within the City's C-3B zone. Council- member Gunkel further indicated that the C-3B zone was created for more flexible use of Highway Commercial districts. Councilmember Gunkel indicated that the Planning Commission considered Mrs. Eckdahl's reyuest and voted unanimously to -- deny the request as they felt daycare and preschool facilities are incompatible with the other uses allowed in a C-3B zone. Councilmember Gunkel further indicated that the Building and Zoning Administrator also felt that the da}scare/preschool. facility is not compatible with C-3B Highway Commercial. Councilmember Gunkel indicated that in the State licensing procedure, after the fire department and building and zoning department have certified that the location is acceptable, the State is primarily concerned with the facility itself with regard to toilet facilities, kitchen facilities and play area. Councilmember Gunkel further indicated that there is a daycare center facility located on Highway ~~10 in Anoka and there are other daycare facilities located in shopping centers, which are both high traffic areas. Mr. John Fitzgerald, representative of Ms. Bonnie Eclcdahl and Ms. Jody Kreuser, indicated both Ms. Eckdahl and Ms. Kreuser agree that it is not the best facility in Elk River, but the need is there and this particular building is all that they can find that is available and affordable. Mr. Fitzgerald indicated that the building has the basis to meet the State's requirement for kitchen and toilet facilities and it does have ample play area that would be fenced. Mr. Fitzgerald indicated that the owner of the property has also indicated that he would fence the parking lot as well, to provide for the safety of the children. The City Administrator questioned the proposed fence area. Discussion was carried on regarding truck traffic in the area and the type of fencing and the location of fencing. From:;' - _ - ------ - Sent: Wednesday, July 28, 2010 12:24 AM 1'0: Barnhart, Jeremy Subject: wapiti park campground Jeremy and City Attorney, My wife and I are all for having restrictions on how long a person is able to stay at Wapiti campground. But restricting her to 10 months of business out of the year is quite harsh. Why shouldn't she be able to accommodate those who wish to cold weather camp. A solution would be for the City of Elk River to require Wapiti Park to have guide lines or policy in place that would limit any one "recreational camper unit" to a pre determined time period on any one Wapiti Park camp site. For instance, Say it was determined that 8 months was the length of time determined by all to be the most months allowable to stay on any one campsite within Wapiti Park. Then, a trailer parked on campsite #1 on January 1st must be moved off of campsite #1 by September 1st. No one would put down roots because of the inconvenience it would be to move a deck, addition or what have you. I wouldn't stay anywhere where I would have to move ever 8 months I can tell you that much. There are other solutions to closing her down for two months. I myself think that the previous is one of the best. On another note: I think my road maintenance would suffer due to Wapiti cutting back because the city has closed her down two out of the twelve months. She keeps up the road very nicely right now but should you close her down my road will need to be plowed and I know I have taxes I pay of which are quite high for having no city truck plowing the road the city has named Troy St.....but Wapiti is.......But you could care less about anything I've said because you are going to tighten the noose around Wapiti until it can't breath anymore and bring in the developers you have in your pockets to increase the cities tax revenue. See you at the City Council meeting. Mike and Linda Klopping 18540 Tr©V St. N.W. i ._ __. 1.~ 0 l~ yr~ ~~° ~I ~I ~® ~ ~_ ,~J t-~'r'~'/~ ~ _ _. ._ti_.~-__ _~ ?___~-- ~. q.. _ ,. ~, ~ __. ~_~ 'J t.~ ~,~` - r r Lf i// 4oJ ~i'.V ~~ - Y - l _ _ C _~ n ._ __ ..._._.._.__ _.. ~~~~. ~~ .,,...'° r ,9 _.. __. ~ 1 C./~ c~ / 0 Z,~J ~" ~ ,//air r mmd~• ir~ .~:- ~~ ~, coo a Udu / ~ ~ Q ~ G.u v p .G ZJ ~u __ ~..~~ _ _