5.2. SR 12-20-2010Item # 5.2.
MEMORANDUM
TO: City Council
FROM: Jeremy Barnhart, Planning Manager
DATE: December 20, 2010
SUBJECT: CU 10-16 Wapiti Park Campground Update
At its meeting on August 2, the Council approved an interim use permit for Wapiti Park, subject to
several conditions. Among the conditions was a requirement that the Interim Use Permit would
expire on January 1, 2011 if the following items in bold were not completed.
The purpose of this memo is to update the Council on the status of these items. While Wapiti Park
has 11 days to complete the items, this is the last Council meeting scheduled for 2010. Staffs update
follows each item.
1. THE INTERIM USE PERMIT SHALL BE VALID FOR TEN YEARS OR
UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED,
WHICHEVER COMES FIRST. IN ADDITION THE INTERIM USE
PERMIT SHALL TERMINATE JANUARY 1, 2011, IF THE FOLLOWING
ITEMS HAVE NOT BEEN COMPLETED:
a. A VERIFIABLE PLAN HAS BEEN APPROVED BY THE CITY
COUNCIL THAT WILL ENSURE PERMANENT RESIDENTS WILL
NOT LIVE AT THE RECREATIONAL CAMPING FACILITY.
No plan has been received.
b. AN INSPECTION HAS VERIFIED THAT THE ONSITE SEPTIC
SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND
REMAINS FULLY FUNCTIONAL;
A contractor who is not licensed to perform inspections has observed the septic
system and submitted a letter, but this was done inconsistent with the State MPCA
requirements. Staff has informed them of the requirement.
c. STAFF HAS APPROVED A MANURE MANAGEMENT PLAN, IN
COMPLIANCE WITH SECTION 10-9 OF CITY CODE;
No plan has been received.
N:\PubGc Bodies\City Council\Council RCA\Agenda Packet\12-20-2010\Wapiti..doc
d. STAFF HAS APPROVED A DEBRIS MANAGEMENT PLAN ;
No plan has been received.
e. THE APPLICANT HAS PROVIDED EVIDENCE THAT IT IS IN
COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS
IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR;
No report has been received.
f. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL
CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES
SECTION 327.14, SUBDIVISION 7 HAVE BEEN REMOVED; AND
Four vehicles are taxed as mobile homes by the County assessor. The County
assessor reports that if the vehicles do not have current license upon inspection, the
units are re-inspected the following yeah If the units still do not have appropriate
license, they are recognized as mobile homes fox taxing purposes.
g. THE APPLICANT IS IN FULL COMPLIANCE WITH THE NINE
CONDITIONS OF THE 1984 CONDITIONAL USE PERMIT, AS
FOLLOWS:
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 Il 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
N:\Public Bodies\City Council\Councl RCA\Agenda Packet\12-20.2010\Wapiti.doc
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.
These items were the original conditions of the 1984 CUP. It appeazs that, with
the exception of # 6, 8, and 9, the items have been complied with.
N:\ WbBc Bodies\Ciry Cuuncil\Coun61 RCA\Agenda Yacket\]2-20.2010\Wapiti..doc
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Barnhart, Jeremy
From: Beck, Peter K. <Peter.Beck@gpmlaw.com>
Sent: Monday, December 20, 2010 5:24 PM
To: Johnson, Lori; Barnhart, Jeremy
Subject: Wapiti Park
Lori and Jeremy,
On August 2nd this year the Council granted a 10 year Interim Use Permit for the office building at Wapiti Park, and a 3.2
liquor license, subject to a number of conditions. The first condition was that the IUP would terminate on January 1, 2011,
unless the conditions set forth in the resolution of approval were addressed. Until recently, it appeared that Wapiti would
be proposing to comply with most, but not all, of the Council's conditions. More recently, it appears that Wapiti is
not willing to comply with most of the conditions, including conditions requiring that a plan be put in place to ensure that
permanent residents will not live at the facility and that there be an inspection of the septic system to ensure that it is fully
functional. In it's most recent correspondence, received today, Wapiti is taking the position that it is regulated exclusively
by the State and will only agree to hours of operation and compliance with State rules and regulations.
City staff continues to believe that the City has the right to take steps to ensure that Wapiti Park is being operated as a
recreational camping facility as provided by State law, and that the City can impose appropriate conditions to ensure the
health, safety and welfare of the campers at Wapiti Park, as well as the citizens of the City. Conditions such as prohibiting
permanent residency at the facility, requiring removal of structures and vehicles which do not fall within the definition of
recreational camping vehicle, requiring that the functionality of the septic system be verified, and requiring manure and
debris management plans are, in staffs view, well within the permissible scope of City regulation.
Staff continues to recommend that the conditions approved in August be complied with by the end of the year. Staff
further recommends that the City Council direct staff to prepare findings of fact and a proposed resolution of denial of the
IUP, for consideration by the Council at it's meeting on January 18, 2011, if the conditions are not complied with by
January 1st. If this is the course of action the Council would like to follow, it would be appropriate for the Council to extend
the existing IUP and liquor license tonight to January 18, 2011, in order to maintain the status quo until the Council
considers the matter again.
Alternatively, if the Council does not want to pursue compliance with the conditions set forth on August 2nd, the Council
could adopt a resolution, by motion, tonight, granting a 10 year IUP subject only to the conditions agreed to by Wapiti.
I'll be at my desk, if you have any questions.
Peter Beck
Attorney ~.~
Gray Plant Mooty
5001DS Center
80 South Eighth Street
Minneapolis. MN USA 55402
Phone: 612.632.3001
Fax: 612.632.4001
Mobile: 612.991.1350
Peter.Beck a~gpmlaw.com
Click Here For My Bio
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=m:Wayzata Law Group, LLC To:City Council Members (17636351090) 14:35 12/20/10GMT-06 Pg 02-04
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WAYZTTA LAW GROUP. LLC L+~~
1407 CASs WAY ZAi iA tlLVD., 51111E 1'U WAY L4I A. MIk NEtil1I4 SS y71
TEL 'I52. 47±. 1015 fAA: 'Gd . ll, dA M1]
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ADAM C. KAATZ
DIRECT DIAL: 952.475.0910
e-MAIL: akaatz@wayzatalawgroup.com
December 20, 2010
Elk River City Council
City Hall
13065 Orono Parkway
Elk River, MN 55330
RE: Wapiti Park Camp~tround
Dear Council Members:
VIA FACSIMILE
763.635.1090
Due to today's weather, I request your indulgence and submit Wapiti Park's position in
writing. In October we submitted the attached offer. Since then we have worked with
city staff but have been unable to come up with conditions that would work for both the
City and Wapiti Park.
It has been and continues to be our position that Wapiti Park is a legal, nonconforming
use and that its operation is regulated exclusively by the State of Minnesota,
Department of Health. It seems to us that the City should be allowed to impose
conditions on the operation of the building in the process of renewing the Interim Use
Permit. But the proposed conditions, other than the hours of operation, go well beyond
regulating the operation of the building.
If the City will accept that Wapiti Park's hours of operation will remain at 8:OOa.m. -
11:OOp.m. and that Wapiti Park will continue to comply with all Minnesota Department of
Health rules and regulations pertaining to recreational camping sites as the only
conditions of the Interim Use Permit, we would agree. Otherwise, Wapiti Park would
have no alternative but to seek the Judicial Review of its Interim Use Permit.
Please contact me at my office to discuss the matter further.
Sincerely,
Wayzata Law Group, LLC
~- Jam'
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Adam C. Kaatz
Enclosure
=m:Wayzata Law Group, LLC To:City Council Members (17636351090) 14:35 1 2/2011 0GMT-O6 Pg 03.04
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October 25, 2010
Peter Beck
Elk River City Attorney
500 IDS Center
BO South 81h St
Minneapolis, MN 55402
Re: Wapiti Park Campgrounds. Inc.
Dear Peter,
VIA U.S. MAIL
I write to you in the hopes of coming to a resolution with respect to conditions the City of
Elk River wants imposed on Wapiti Park. While this letter will suggest conditions to
which Wapiti Park would be willing to subject itself, it does not change our basic position
that Wapiti Park is a legal, nonconforming use and that its operation is regulated
exclusively by the State of Minnesota, Department of Health. If we are unable to come
to an agreement, it is my hope that the City and Waplti Park will submit the matter to the
District Court on stipulated facts for the determination of Wapiti Park's property rights.
If the City acknowledges Wapiti Park's status as a legal, nonconforming use, Wapiti
Park would agree to the following conditions:
1. Wapiti Park would insert the following language in its rules governing all
campers:
"Campsites may not be used as permanent residences."
2. Wapiti Park will provide verifcation from a licensed septic system installer that
its septic system is designed to be functional year round and that it is
currently functioning properly;
3. Wapiti Park will submit a manure management plan by November 30, 3D10;
4. Wapiti Park will not add any addRional campsites;
5. Wapiti Park's hours of operation will remain at B:OOa.m. -11:OOp.m.;
6. Wapiti Park will continue to comply with all Minnesota Department of Health
rules and regulations pertaining to recreational camping sites; and
7. Wapiti Park will require that wheels remain on vehicles. parked in the
campground.
Because time is of the essence, we would appreciate your response to our proposal by
November 15, 2010
Jnrnes G. RosIN
DIRECT DIAL: 952.475.0987
e-nnnu: jrobin c(itwayzafalawgroup.cnm
Please contact me at my office to discuss the matter further.
=m:Wayzata Law Group, LLC To:City Council Members (17636351090) 14:35 12120/tOGMT-06 Pg 04-04
Very Truly Yours,
Wayzata Law Group, LLC
_..
James G. Robin
JGRlack
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